12-07-2010 (Planning & Zoning) Minutes Wylie Planning and Zoning
Commission
CITY OF WYLIE
i
Minutes
Wylie Planning& Zoning Commission
Tuesday,December 7,2010—6:30 pm
Wylie Municipal Complex—Council Chambers
2000 Highway 78 North
CALL TO ORDER
Chairman Phillip Johnston called the meeting to order at 6:31PM. Present with Chairman
Johnston were, Vice Chairman Ruthie Wright, Commissioner Jeremy Jordan, and
Commissioner Gilbert Tamez. Commissioner Ron Smith, Commissioner David Dahl, and
Commissioner Ramona Kopchenko were all absent.
Staff present was Renae' 011ie, Planning Director, Charles Lee, Senior Planner, Jason
Haskins, Assistant Planner, and Mary Bradley, Administrative Assistant.
INVOCATION & PLEDGE OF ALLEGIANCE
Commissioner Jordan gave the invocation and Commissioner Tamez 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 16,
2010, Regular Meeting.
A motion was made by Commissioner Tamez, and seconded by Vice Chairman Wright,
to approve the minutes from November 16, 2010 Regular Meeting, as submitted. Motion
carried 4—0.
REGULAR AGENDA
ActionAgenda
Minutes December 7,2010
Wylie Planning and Zoning Board
Page 1 of 5
1. Consider and act upon approval of a Site Plan for Aldi Wylie Addition,
Lots 1 and 2, Block A creating a single commercial lot generally located
on the north of FM 544 and approximately 800' east of McCreary Road.
Ms. 011ie stated that the property totals 2.0803 acres and will include a single
story 17,886 square foot grocery store. In November the Zoning Board of
Adjustment granted a variance to Section 5.2.F.14.c parking regulations of the
Zoning Ordinance to reduce the required parking by ten (10) spaces for the
subject use.
The property is located on FM 544, with Quik Trip fueling station/convenience
store to the east, and the Children's Lighthouse Daycare Center to the west.
The exterior façade and landscaping meets and/or exceeds the requirements for
non-residential/commercial developments. In lieu of a masonry wall enclosure
surrounding the dumpster, the applicant is proposing a living screen.
A Replat is on the current agenda for consideration.
Mr. Bryan Burger, 17103 Preston Road, Suite 180 N, Dallas, TX, Engineering for
the subject property, stated that the dumpster will be enclosed with an eight foot
living screen.
The Commissioners questioned if there was a restriction on distance from daycare
facility for sale of alcohol. Mr. Burger stated that the sale of alcohol is restricted
by an agreement with Quik Trip.
A motion was made by Vice Chairman Wright, and seconded by Commissioner
Jordan, to approve the Site Plan for Aldi Wylie Addition, Lots 1 and 2, Block A
creating a single commercial lot generally located on the north of FM 544 and
approximately 800' east of McCreary Road. Motion carried 4—0.
2. Consider a recommendation to the City Council regarding a Replat for
Aldi Wylie Addition, Lots 1 and 2, Block A creating a single commercial
lot generally located on the north of FM 544 and approximately 800' east
of McCreary Road.
Ms. 011ie stated that the subject property will create two (2) commercial/retail lots. Lot
1, Block A will be 2.0803 acres in size. Lot 2, Block A will be 2.1891 acres in size. The
subject property was previously platted as part of Lot 2, Block 1 of the Children's
Lighthouse Addition and Lot 2, Block 1 of the QT Eight Hundred Ninety Four Addition.
The Replat will combine the two previously platted lots into a single lot. There is a 30'
access drive for future development on Lot 2.
A site plan for Lot 1, Block A is on the current agenda for consideration.
Minutes December 7,2010
Wylie Planning and Zoning Board
Page 2 of 5
With no questions for the applicant or staff, a motion was made by Commissioner Tamez,
and seconded by Commissioner Jordan, to recommend approval to the City Council
regarding a Replat for Aldi Wylie Addition, Lots 1 and 2, Block A creating a single
commercial lot generally located on the north of FM 544 and approximately 800' east of
McCreary Road. Motion carried 4—0.
3. Consider a recommendation to the City Council amending Zoning
Ordinance 2006-04, Article 5, Section 5.1.J (Accessory Uses); allowing
for and providing certain safeguards relating to Home Occupations.
ZC2010-04
Ms. 011ie reminded the Commissioners that the subject item came before the
Commissioners two months ago, when considered by the City Council, was remanded
back to the Commissioners. Regulations for home occupation have been established
since 1962. The current Ordinance states that "there shall be no sale of merchandise
which requires customers to go to the property." Because of the way that we do business
now, and that business is done differently, Staff feels that the ordinance needs to be
revised. One of the recommendations from staff is revising the statement to "Sales made
previously through internet, telephone, or a sales party may be filled on the premises."
In addition, staff is recommending to include an exemption clause for In-home Day Care
that states: "As defined by the Human Resource Code, Chapter 42 an "In-home Day
Care" or a "Family home" that is certified, listed or registered with the State of Texas is
exempt from this Ordinance, and governed by the rules and regulations of the State of
Texas." Ms. 011ie stated that for in-home day care, they shall be licensed and regulated
by the State, and will not be regulated by the Zoning Ordinance.
Ms.. 011ie reviewed the current definition and provisions from the Zoning Ordinance.
Due to several citizens in attendance, Chairman Johnston opened public comments before
the Commissioners discussed the subject item.
Ms. Margaret Justiss, 312 Foxwood, expressed concern for making ordinance too lenient,
causing additional traffic and parking on residential streets.
Mr. and Mrs. Matthew Butschek, 1755 FM 1378, spoke in opposition of the ordinance,
stating that there is no need to change the ordinance.
Mr.. Steve Wright, 113 N Winding Oak, encouraged the Commissioners to make a
recommendation to the City Council for the home occupation.
Mr.. Rod McCoy, 106 N. Cottonbelt, expressed concern and recommended that the
ordinance allow gunpowder and ammunition for home occupation citizens.
Chairman Johnston closed the public comment and opened the discussion up for the
Commissioners.
Minutes December 7,2010
Wylie Planning and Zoning Board
Page 3 of 5
Vice Chairman Wright expressed concern of the provision that states "all employees shall
be members of the resident family and shall reside on the premises" and recommended
revision that there be no more than two employees who are not members of the resident
family. After some discussion between all the Commissioners, the Commissioners
agreed to allow no more than two employees who are not members of the resident family.
The Commissioners recommended adding another provision allowing a citizen to apply
for a variance, if any of the provisions do not meet their particular home occupation.
All the Commissioners were in consensus to delete the provision that states "there shall
be no sale of merchandise which requires customers to go to the property."
The Commissioners discussed the provision that states "There shall be no outdoor storage
of materials or equipment, no storage of toxic or hazardous materials, including
ammunition and gunpowder, nor shall merchandise be visible from outside the dwelling."
The agreement between the Commissioners was to restate the provision to read "There
shall be no outdoor storage of materials or equipment, nor shall merchandise be visible
from outside the dwelling."
Ms. 011ie stated that the next provision may have been a measure to make sure the home
occupation not to become a commercial facility within a residential area. The
Commissioners agreed to amend the provision to read "The use of utilities shall be
limited to that normally associated with the use of the property for residential purposes."
In addition to the provisions already revised, the Commissioners recommended adding
two additional provisions: A property owner can seek a request for a variance as outlined
in Article 8 Section 8.4 of the Zoning Ordinance.
And, As defined by the Human Resource Code, Chapter 42 an "In-home Day Care" or a
"Family Home" that is certified, listed or registered with the State of Texas is exempt
from this Ordinance, and governed by the rules and regulations of the State of Texas.
A motion was made by Commissioner Jordan, and seconded by Vice Chairman Wright,
to recommend approval to the City Council amendments to Zoning Ordinance 2006-04,
Article 5, Section 5.1.J (Accessory Uses); with the following provisions: 1) On-premise
advertisements, signs or displays are prohibited. 2) The appearance of the structure shall
not be altered, nor shall the occupation within the dwellings be conducted in a manner
which would cause the premises to differ from its residential character either by the use
of colors, materials, construction, lighting, or by signs, or the emission of sounds, noises,
dust, odors, fumes, smoke, or vibrations. 3) The Home Occupation shall have no more
than two (2) employees who are not members of the resident family. 4) Pedestrian and
vehicular traffic will be limited to that normally associated with residential districts. 5)
There shall be no outdoor storage of materials or equipment, nor shall merchandise be
visible from outside the dwelling. 6) The use of utilities shall be limited to that normally
associated with the use of the property for residential purposes. 7) There shall be no use
or storage of mechanical equipment not recognized as being part of normal household or ..�..
hobby use. 8) A property owner may seek a request for a variance to the Zoning Board of
Adjustment as outlined in Article 8, Section 8.4 of the Zoning Ordinance. 9) As defined
Minutes December 7,2010
Wylie Planning and Zoning Board
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by the Human Resource Code, Chapter 42 an "In-home Day Care" or a "Family Home"
that is certified, listed or registered with the State of Texas is exempt from this
Ordinance, and governed by the rules and regulations of the State of Texas. Motion
carried 4—0.
ADJOURNMENT
A motion was made by Vice Chairman Wright, and seconded by Commissioner Jordan,
to adjourn the meeting at 8:00PM. All Commissioners were in consensus.
Ph' i J ston,Chairman
ATTEST:
�„• � IAMaria.,
ar Bra iey,Administrati/• Assistant
Minutes December 7,2010
Wylie Planning and Zoning Board
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