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11-16-2010 (Planning & Zoning) Minutes • Wylie Planning and Zoning Commission CITY OF WYLIE Minutes Wylie Planning & Zoning Commission Tuesday,November 16,2010—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, Vice Chairman Ruthie Wright, Commissioner Jeremy Jordan, Commissioner David Dahl, Commissioner Gilbert Tamez and Commissioner Ron Smith. Commissioner Ramona Kopchenko arrived at 6:45PM. Staff present was Renae' 011ie, Planning Director, Mary Bradley, Administrative Assistant. INVOCATION& PLEDGE OF ALLEGIANCE Commissioner Jordan gave the invocation and Vice Chairman Wright 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 November 2, 2010, Regular Meeting. A motion was made by Commissioner Smith, and seconded by Commissioner Dahl, to approve the minutes from November 2, 2010 Regular Meeting, as submitted. Motion carried 6—0. REGULAR AGENDA General Agenda Minutes November 16, 2010 Wylie Planning and Zoning Board Page 1 of 5 1. Consider, and act upon, 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. Chairman Johnston stated that the item was tabled at the October 19, 2010. A motion was made by Commissioner Dahl, and seconded by Vice-Chairman Wright to remove the item from table. Motion carried 6-0. Ms. 011ie stated that there is no further action required. The applicant and staff are withdrawing the request for amending PD 2000-22B and 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. ActionAgenda 1. Consider and act upon approval of a Site Plan for Holland Hitch Addition, Lot 2R-1 creating a single industrial lot generally located on the southeast corner of S.H. 78 and Martinez Lane. Ms. 011ie stated that the Site Plan is on 22.42 acres, with 9.54 acres in the floodplain area. The property is zoned Light Industrial (LI) District. The exterior façade meets and/or exceeds the required design standards in Article 4 of the Zoning Ordinance. The dumpster will be screened by a seven (7) foot masonry wall with gates as an additional buffer from Martinez Lane. The user will be a non-hazardous inside industrial user. Sam Satterwhite, Applicant, Wylie Economic Development Corporation, stated that the tenant is Ascend Custom Extrusion. There will be studies made to confirm that the building is not in the floodplain, prior to construction and during construction. There will be no emissions from the chemicals inside the building, and nothing hazardous will be spilling into the creek. A motion was made by Commissioner Tamez, and seconded by Commissioner Jordan, to approve the Site Plan for Holland Hitch Addition, Lot 2R-1 creating a single industrial lot generally located on the southeast corner of S.H. 78 and Martinez Lane. Motion carried 6-0, with Commissioner Kopchenko abstaining due to arriving during the discussion. Public Hearing 1. Hold a Public Hearing and Consider a recommendation to the City Council regarding a Residential Replat for Bozman Farm Estates, Phase 1A Addition. Subject property being Lots 15 and 16, Block F. Minutes November 16,2010 Wylie Planning and Zoning Board Page 2 of 5 Ms. 011ie stated that the two lots total .405 acres and will create one residential lot. The property is zoned Planned Development(PD-2002-52) and was originally platted as Lots 15 and 16 of the Bozman Farm Estates,Phase IA Addition in April 2004. Ryland Homes deemed lot 16 as unbuildable due to an underground spring that was discovered on the property while trying to build a home in 2009. A residential dwelling occupies Lot 15 and would remain as the only inhabitable structure on the property. The applicant desires to expand the fence on Lot 15 to include Lot 16,thus making one combined lot. In accordance with State Law, forty (40) notifications were mailed out. Two responses were received in favor of the Residential Replat request and none opposing. Chairman Johnston opened the Public Hearing. Mr. Justin Terry, 1307 Valley Stream Drive, applicant for the Residential Replat, stated that the underground spring runs north/south. Mr. Terry gave a short summary of the history of Lot 16. Ryland Homes had attempted to construct a home, and got as far as the plumbing and then they pulled out when the spring was discovered. Homes on the abutting property have experienced some foundation problems due to what is believed to be from the underground spring. A couple of months ago, Mr. Terry contacted Ryland Homes and made an offer to buy the property. The lot will be landscaped and filled in with dirt. A sprinkler system has been installed and there have been no further issues with flooding or standing water. Chairman Johnston closed the Public Hearing. A motion was made by Commissioner Jordan, and seconded by Vice Chairman Wright, to recommend approval to the City Council for a Residential Replat for Bozman Farm Estates, Phase 1A Addition. Subject property being Lots 15 and 16, Block F. Motion carried 7—0. 2. Hold a Public Hearing and consider a recommendation to the City Council regarding a request to rezone a tract from Agricultural/30 to Light Industrial (LI) on 2.971 acres (L.K. Pegues Survey, Abstract No. 703, Tract 3) generally located east of Hooper Road and south of Steel Road,more specifically 331 Hooper Road. ZC 2010-07. Ms. 011ie stated that the subject property is located at 331 Hooper Road and is currently zoned Agricultural/30. The property is currently being used for single-family homesteading and miscellaneous uses. The applicant is relocating and desires to rezone the property to Light Industrial (LI) District before putting the property on the market to sell. The abutting properties to the north, south, east and west are zoned Light Industrial, the property immediately to the north has been recently rezoned for light industrial uses, and across Hooper Road to the west is the recently completed New Heights Baptist Church. The applicant has provided a letter of intent that specifically references non-conforming structures and uses that will be discontinued and removed from the property by December 31, 2010. Minutes November 16, 2010 Wylie Planning and Zoning Board Page 3 of 5 The applicant was not present; however, when he met with Staff, he was very forthcoming about several non-conforming uses and structures on his property and his plans for those structures. The applicant's request for Light Industrial is acceptable subject to the following stipulations: 1 Current owner is allowed to continue residential uses in the main house ONLY until the property is sold. 2 When the applicant(current owner)vacates the property,ALL residential uses cease. 3 Any storage units or open storage uses that exist on the property after December 31, 2010 must conform to current codes or must be removed from the property. According to the State Law eleven (11) notifications were mailed, with no written responses returned opposing the request, and no written responses returned in favor of the request. The Commissioners discussed in length about the existing structures and main structures on the property. After the discussion, the Commissioners were in consensus to amend the first stipulation to include upon the sell of the property; the existing main structure shall be brought up to current codes or removed. Chairman Johnston opened the Public Hearing. Mr. Matthew Butschek,property owner on Country Club Road, spoke in opposition of the rezoning. Chairman Johnston closed the Public Hearing. A motion was made by Commissioner Dahl, and seconded by Commissioner Smith, to recommend approval to the City Council regarding a change in zoning from Agricultural/30 (A/30) District to Light Industrial (LI) on a 2.971 acre tract (L.K. Pegues Survey, Abstract No. 703, Tract 3) generally located east of Hooper Road and south of Steel Road, more specifically 331 Hooper Road, subject to termination of nonconforming uses, structures and noncompliant activities on the property, specified 1.) Current owner is allowed to continue residential uses in the main house only until the property is sold. Upon sell of the property the main residential structure must be brought up to current code and used according to the zoning or is removed. 2.) When the applicant (current owner) vacates the property, all residential uses cease. 3.) Any storage units or open storage uses that exist on the property after December 31, 2010 must conform to current codes or must be removed from the property. Motion carried 7—0. Minutes November 16,2010 Wylie Planning and Zoning Board Page 4 of 5 ADJOURNMENT A motion was made by Commissioner Tamez, and seconded by Vice Chairman Wright, to adjourn the meeting at 7:15PM. All Commissioners were in consensus. "j,�,� 6 lii ip Johnston,Chairman ATTEST: & ri(\( Mary radle� ,Administrative s istant Minutes November 16,2010 Wylie Planning and Zoning Board Page 5 of 5