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10-19-2010 (Planning & Zoning) Minutes .4074. Wylie Planning and Zoning Commission CITY OF WYLIE q Minutes Wylie Planning & Zoning Commission Tuesday, October 19,2010—6:30 pm Wylie Municipal Complex—Council Chambers 2000 Highway 78 North CALL TO ORDER Chairman Phillip Johnston called the meeting to order at 6:30PM. Present with Chairman Johnston were, Commissioner Ramona Kopchenko, Commissioner Jeremy Jordan, Commissioner David Dahl, and Commissioner Gilbert Tamez. Vice Chairman Ruthie Wright and Commissioner Ron Smith were absent. Staff present was Jasen Haskins, Assistant Planner, Mary Bradley, Administrative Assistant, Steve Seddig, Fire Marshal, and Dwight Lancaster, Assistant Building Official. INVOCATION&PLEDGE OF ALLEGIANCE Commissioner Jordan gave the invocation and Commissioner Kopchenko led the Pledge of Allegiance. CITIZENS COMMENTS Chairman Johnston opened the Citizens Participation. With no one approaching the Commissioners, Chairman Johnston closed the Citizens Participation. CONSENT ITEMS 1. Consider and act upon approval of the Minutes from the September 7, 2010, Regular Meeting. A motion was made by Commissioner Dahl, and seconded by Commissioner Jordan, to approve the minutes from September 7, 2010 Regular Meeting, as submitted. Motion carried 5 —0. 2. Consider and act upon approval of the Minutes from the October 12, 2010, Joint Work Session. Minutes October 19,2010 Wylie Planning and Zoning Board Page 1 of 4 A motion was made by Commissioner Dahl, and seconded by Commissioner Kopchenko, to approve the minutes from October 12, 2010 Joint Work Session, as submitted. Motion carried 5 —0. REGULAR AGENDA Action Agenda 1. Consider and act upon approval of a Site Plan for Woodbridge Crossing, Block A, Lot 5R developing a single story building for Commercial/Retail purposes on one lot consisting of 1.1053 acres, generally located at the southeast corner of FM 544 and the extension of McCreary Road. Mr. Haskins stated that the Site Plan will develop a single story building allowing two lease spaces, 3,500 square feet and 4,900 square feet, for Commercial/Retail purposes. The property is zoned PD 2006-01, and is part of the overall planned development of Woodbridge Crossing. The proposed building is located west of Lot 4R, Block A and east of Lot 6R, Block A of the Woodbridge Crossing Addition. The primary access will be a 30 foot fire lane and access drive from FM 544 to the west and a 30 foot fire lane and shared access easements from the south. Mr. Michael Goss, Direct Development, applicant for the subject property, stated that the initial site plan was a restaurant, but due to recent interest the 4,900 square foot lease space could possibly change to Retail. A motion was made by Commissioner Jordan, and seconded by Commissioner Tamez, to approve the Site Plan for Woodbridge Crossing, Block A, Lot 5R developing a single story building for Commercial/Retail purposes on one lot consisting of 1.1053 acres, generally located at the southeast corner of FM 544 and the extension of McCreary Road. Motion carried 5 —O. 2. Consider and act upon a Site Plan for Lots 20 and 21 of Wyndham Estates Phase III, located at 204 and 206 Windco Circle. Mr. Haskins stated that the applicant is proposing to develop a single story building of 1,440 square feet by combining two lots totaling 0.3675 acres. A replat is on the agenda for consideration. The property is zoned Light Industrial District. The applicant is proposing Contractor's Maintenance Yard use,which is allowed by right within the Light Industrial District. The applicant did submit a revised Site Plan, which proposes a permanent canopy front with brick columns. Staff recommends approval, as the offset for the front meets the intent of the ordinance. Minutes October 19,2010 Wylie Planning and Zoning Board Page 2 of 4 Commissioner Kopchenko stated that the design is very nice, but expressed concern for setting a precedent. Mr. Haskins stated that each Site Plan submittal is reviewed on its own merit. Commissioner Dahl expressed concern for the parking of the equipment that is currently on the street. Applicant, Mr. Tony Bourns, 1089 W Exchange Parkway, Suite 6306, Allen, Texas stated that all parking for vehicles and equipment will be on concrete, after approval of the Site Plan and construction plans. A motion was made by Commissioner Kopchenko, and seconded by Commissioner Dahl, to approve the Site Plan for Artex Electric,Lots 20 and 21 of Wyndham Estates Phase III, located at 204 and 206 Windco Circle, with condition of allowing the permanent canopy front with brick columns as the 4 foot offset. Motion carried 5 —0. 3. Consider a recommendation to the City Council regarding a Replat for Wyndham Estates Phase III. Subject property being currently being located at 204 and 206 Windco Circle. Mr. Haskins stated a Site Plan for the property is on the agenda for consideration. The Replat will combine Lots 20 and 21 into one Lot 20R. The property is zoned Light Industrial. A motion was made by Commissioner Jordan, and seconded by Commissioner Tamez, to recommend approval to the City Council for a Replat creating one light industrial lot for the Wyndham Estates Phase III Addition. The subject property being currently located at 204 and 206 Windco Circle. Motion carried 5—0. Public Hearing 1. Hold a Public Hearing and consider a recommendation to the City Council amending Zoning Ordinance 2001-48, Article 8, Section 8.5 (Certificates of Occupancy and Compliance); to provide procedural regulations for certificate of occupancy requirements. ZC2010-06 Fire Marshal Seddig stated that the Zoning Ordinance does not clearly define or imply that a new Certificate of Occupancy is required when changing new ownership or changing the use. During annual inspections, and/or public safety issues, Staff may determine that a change of ownership has taken place, resulting in an outdated Certificate of Occupancy . The current ordinance addresses new construction or change of use, and not change of ownership. A major focus of the change is to add the statement that any change in ownership of an existing use requires a new Certificate of Occupancy. Minutes October 19,2010 Wylie Planning and Zoning Board Page 3 of 4 Mr. Lancaster stated that if there is a change in ownership, and the business did not stop, the architectural design, or off-street parking is grandfathered. However, inspections by the Fire Marshal, Building Inspections, and Planning Department will determine if all codes are in compliance and that such change does not result in any greater hazard to the public safety or welfare. Fire Marshal Seddig stated that when there is a change of use on a Certificate of Occupancy there may be self-imposed hardship. The use may require additional fire laws or building codes that the previous use did not require. Chairman Johnston opened the Public Hearing. With no one approaching the Commission, Chairman Johnston closed the Public Hearing. A motion was made by Commissioner Jordan, and seconded by Commissioner Dahl, to recommend approval to the City Council an amendment to Zoning Ordinance No. 2001- 48, Article 8, Section 8.5 (Certificates of Occupancy and Compliance); to provide procedural regulations for certificate of occupancy requirements. ZC 2010-06. Motion carried 5—0. 2. Hold a Public Hearing and consider a recommendation to the City Council, amending PD 2000-22B & Concept Plan of the Estates of Creekside to decrease the front yard setback with the purpose of increasing the width of the main collector road into the subdivision, generally located south of Parker Road and approximately 1/2 mile west of Country Club Road. ZC 2010-05. Mr. Haskins stated that the applicant is requesting the item to be tabled until November 16, 2010, to allow time to meet with the Parks Board. The Commissioners can approve/deny the request or make a recommendation for the amendment to PD 2000- 22B. Chairman Johnston opened the Public Hearing. With no one approaching the Commission, Chairman Johnston closed the Public Hearing. A motion was made by Commissioner Tamez, and seconded by Commissioner Kopchenko,to approve the request to table to November 16, 2010. Motion carried 5 —O. ADJOURNMENT A motion was made by Commissioner Tamez, and seconded by Commissioner Kopchenko,to adjourn the meeting at 7:25 PM. All Commissioners were in consensus. A aitiQ017 P 1 ohnston,Chairman A E�9T: d3 Mar BraAosco9 y,Administrative ssistant Minutes October 19,2010 Wylie Planning and Zoning Board Page 4 of 4