03-18-2003 (Planning & Zoning) Minutes MINUTES
PLANNING AND ZONING COMMISSION
WYLIE MUNICIPAL COMPLEX
2000 Highway 78 North, Wylie, Texas 75098
Regular Business Meeting
March 18, 2003
7:00 pm
Notice was posted in the time and manner required by law and quorum was present.
Commission Members Present: Staff Members Present:
William Chapman Mary V. Bradley, Admin Assistant
Michael George Terry Capehart, Assistant
Don Hughes
Mike Phillips
Carter Porter
Commissioners Absent: Staff Members Absent:
Jeff Adamcik Claude Thompson, Director
Tony Snider
CALL TO ORDER
Chairman George called the Regular Meeting to order at 7:04 p.m.
INVOCATION AND PLEDGE
Chairman George offered the Invocation and Commissioner Porter led the Pledge of
Allegiance.
CITIZEN PARTICIPATION
No one appeared to speak.
CONSENT AGENDA ITEM
1. Consider and act upon approval of the Minutes from the March 4, 2003, Regular
Meeting.
Commissioner Phillips recommended changing the last sentence of paragraph three to
read Paul Wilson will be named Lakeshore Loop. A motion was made by Commissioner
Porter, and seconded by Commissioner Chapman, to approve with the changes noted.
Motion passed 5-0.
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P & Z Meeting
March 18, 2003
PUBLIC HEARING
1. Hold a Public Hearing and consider a recommendation to the City Council regarding
a change in zoning from Commercial Corridor (CC) District to Specific Use Permit
(SUP) for Commercial Amusement, located at 702 Highway 78, being Lot 2A of
Block 2 of the Oaks Retail Addition, east side of S.H. 78 and south of Brown Street,
City of Wylie, Collin County, Texas. (Zoning Case 2003-02).
The applicant is requesting a Specific Use Permit (SUP) in order to install and operate an
Indoor and Outdoor Commercial Amusement (skating center) in a vacant parcel of an
existing retail center. The parcel consists of a building of approximately 6,000 square
feet and associated parking as well as paved and unpaved open space. Plans are to utilize
the building for skating, video and other game machines and concessions for food, skates
and other products, and to use the outdoor paved area for temporary/movable
skateboarding and the grassed area for volleyball.
The property is zoned Corridor Commercial (CC) and commercial amusement uses
allowed the Corridor Commercial District only with an approved Specific Use Permit
(SUP). The Zoning Ordinance requires a Specific Use Permit (SUP) as a means of
establishing special conditions for allowing certain uses in a manner that is more
compatible and consistent with the character of adjacent property than that use may
normally be at other locations.
The existing development does not comply with some requirements of the current Zoning
Ordinance, specifically including the landscaping and screening of adjacent residential
uses. However, the Conditions of the SUP address residential screening, maintenance of
the drive and parking, restriction of access by through traffic and control of outdoor
lighting.
Commissioners questioned the access from Marble Street onto the property. Capehart
stated that the Conditions of the SUP provide that within 90 days of approval of the SUP
deteriorated portions of the internal drives and parking within the subject property be
adequately repaired and a living plant hedge be installed to restrict access from Marble
onto the property.
John Mitchell, 2993 E. FM 552, Rockwall, Texas, represented the applicant, stated that a
living plant hedge will be used as a screening and will restrict access from Marble Street.
The type of Outdoor Commercial Amusement is not determined at this time. The
intention is to make a safe and enjoyable place for small children. The inside of the
property will be 35 x 90 foot skating area, indoor concessions, availability of retail sales
of skates and t-shirts, birthday party accommodations, and electronic video/arcade game
machines and gumball and sticker vending machines. The major concern is to be a good
neighbor by reducing the noise and lighting.
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P & Z Meeting
March 18, 2003
There was discussion of the hours for the operation of business between the
Commissioners and the applicant for the outside activities.. Mr. Mitchell agreed to
change the Conditions of the SUP to allow no outside use earlier than 8 AM or later than
10 PM Sunday through Thursday and no earlier than 8 AM or later than 12 AM midnight
Friday and Saturday. Mitchell stated that if the outside amusement is a hockey rink, there
will be a padlocked around the gate and the ramps and other equipment for
skateboarding, volleyball will be brought inside the building each night.
Commissioner George opened the Public Hearing.
Phillip Price, 209 Spencer Drive, spoke in opposition of the outdoor amusement due to
the noise and safety of the children in the residential alley. Mr. Price recommended a
structural barrier made of brick and opposed a living screen.
Lee Goff, 505 Vicki Lane, spoke in favor of the zoning change, but expressed desire for a
six-foot wood fence as a better noise deflector.
Wayne Mitchell, 3801 Hickox, Rowlett, spoke in favor of the zoning change and as a
character reference for the applicant, represented as the father of the applicant.
Magen Miller, 3801 Hickox, Rowlett, spoke in favor of the zoning change and
represented as the niece of the applicant. Ms Miller also expressed the desire the ability
to work for her Uncle.
Carl Terry, 403 South Highway 78, represented as the owner of the property and spoke in
favor of the zoning change. Mr. Terry stated that the isolated location of the tract limits
retail access, and the applicant has already cleaned up the property without a contract.
Commissioner George closed the public hearing. Commissioners and Mr. Mitchell
further discussed the screening. Mr. Mitchell agreed to install a plant hedge at the top of
the slope along the entire length of the eastern property line and along the south property
line with the cemetery and to maintain the hedge and slope. No outdoor activities will be
allowed until the hedge is mature enough to screen the lighting and noise from
residences.
A motion was made by Commissioner Hughes, and seconded by Commissioner
Chapman, to recommend approval of the zoning change with stipulations that the
Conditions include the type of screening and be in place before outside activity is
commenced and be maintained as a living screen for the duration of this SUP; and the
time of operation be up to 10:00 PM during school year and restrict all outdoor activity
after 10:00 PM at all times. Motion carried 5 —0.
The Commissioners adjourned for a break at 8:50 PM and reconvened at 9:00 PM.
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P &Z Meeting
March 18, 2003
2. Hold a public hearing and consider a recommendation to the City Council
regarding a proposed amendment to Section 4.4.E.l.a (Nonresidential Design
Standards for Landscaping) of the Zoning Ordinance of the City of Wylie.
The currently-adopted Zoning Ordinance, including the landscape regulations, favors
retail centers of several small buildings which separates landscaping and parking into
smaller courts, rather than free-standing "big box" buildings with landscaping and
parking consolidated into large masses. Commissioners discussed the proposed revision
in a work session at the previous meeting. The City of Wylie also requires larger than
normal parking spaces, and this combination of larger landscaping and parking increases
the size of sites, and this additional land and improvements increases the cost of
development for nonresidential uses.
On March 11, 2003, the City Council adopted revisions to the Thoroughfare Standards,
which permit angular parking spaces of 9.5 feet wide by 18 feet long, as well as the larger
perpendicular spaces of 10 feet by 20 feet currently required. This amendment was
expressly intended to address "big box" commercial sites and require less land for the
same parking.
With no further questions from the Commissioners, a motion was made by Commissioner
Porter, and seconded by Commissioner Chapman, to recommend approval. Motion
carried 5 —0.
ADJOURNMENT
A motion was made by Commissioner Porter, and seconded by Commissioner Phillips, to
adjourn at 9:15 PM. Motion carried 5 —O.
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Michael George, Chairman
Ma Br ey, Secretary