02-19-1996 (Planning & Zoning) Minutes MINUTES
The Planning and Zoning Commission met in a regular Business Meeting on February 19, 1996, at
6:30 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North,
Wylie, Texas 75098. A quorum was present and a notice was posted in the time and manner required
by law.
COMMISSION MEMBERS PRESENT: Chairman Bart Peddicord, Vice-Chairman Rich Eckman,
Cecilia Wood, Stuart Allison, Tim Owen and Steve Ahrens.
ABSENT: John Crowe - excused (conflict of interest)
STAFF MEMBERS PRESENT: Director of Community Development -Mike Phillips, Technical
Coordinator- Lisa Price, and Secretary- Rebecca Rogers.
ACTION ITEMS
ITEM NO. 1: Consider approval of the Minutes from February 5, 1996 Regular Business Meeting.
A motion was made by Rich Eckman, seconded by Steve Ahrens to accept the minutes as presented.
All in favor(6 votes). Motion passed.
ITEM NO. 2: Consider a request for a variance from Mike Belt for approval of a site plan for a
retail store (Video Hits)to be constructed at 500 W. Kirby Street, and further described as Lot 2D
of the Moussa-Switzer Addition.
Chairman Peddicord asked for Staffs comments on the site plan. Mike Phillips, Director of
Community Development had several corrections on the site plan. Greg MacLean of The Hogan
Corporation is in contact with Charles Hodges, the architect regarding on site and off site drainage.
Since this was a minor replat, we didn't get into the preliminary plat stage which really details all the
contours and the things that would normally be seen in development. This location will be built in
conjunction with a shopping center so the engineer felt that we had time because of the future
development. The architect shows that he has water sloping away from the building which is required
by the Building Code and the Subdivision Regulations. The Subdivision Regulations states that you
can't concentrate storm water on adjacent lots. Mr. Phillips did not see any flumes or downspouts
or anything that would concentrate storm water. The flow arrows are basically following the slope
of the land which slopes away from the building. Rich Eckman questioned whether fill was going to
be hauled in to make the building higher and Mr. Phillips replied that he did not believe so because
there was adequate elevation. This is one reason why one of the corrections that he had was the
approach apron on the right(the southwest corner of the property); the radius of the driveway is not
allowed to extend beyond the projection of the property line to the street. If you project that property
line down to the street,you'll see that the five foot radius begins at that property line. The driveway
will have to move over at least one parking space so he can get that radius in. The other approach
is completely off site but that falls in line with the overall concept of the shopping center. He
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apparently has permission from the owner of the adjacent property to put that driveway in now.
When they add the parking lot, a portion of the side yard will be front in parking to the side of Mr.
Belt's building. When the strip center is built, this drive will be one of the other entrances into the
other parking lot that will serve the entire shopping center. Chairman Peddicord asked if the water
flows in the direction shown and where will it go. Mr. Phillips replied that it is back on the property
owned by the other company, but it jives with the flow patterns for the development for that whole
subdivision. Mr. Belt is not really disrupting the current flow of water, the drainage facilities out on
Hwy. 78 should be adequate to fill that load. The engineer is checking on this, but there is still plenty
of time to correct it if there is a problem. Steve Ahrens questioned what the problem was with the
driveway and if it would still be 23'6"wide and Mr. Phillips stated that it had to move to the west and
it would still be the same width. Mr. Phillips then discussed the amount of parking spaces required
for this use 1 parking space for every two hundred gross sq. ft. of floor space and Mr. Belt has 4735
sq. ft. of building space.,which calculates to 23.68 parking spaces and Mr. Belt has 24. One of which
is handicapped and according to the Accessibility Standards 1 to 25 parking spaces in the lot has to
be handicap accessible. Chairman Peddicord confirmed that Mr. Belt had the appropriate number
of parking spaces. Steve Ahrens confirmed that the last meeting on Mr. Belts property was regarding
the private drive for fire access and Mr. Phillips replied that this matter went before the Zoning Board
of Adjustments of February 12, 1996 and the variance was granted to eliminate the dedicated
drive/private alley requirement and have the building sprinkled. The new plans show that the air
conditioning units can be located in the back of the building adjacent to the future expansion. The
floor plan of the building allows for a second exit from the back of the building. Steve Ahrens
questioned if this was going to be required fire access on the side of Mr. Belt's building, how come
there are two parking spaces there. Mr. Phillips replied that if this was going to be required fire
access when the rest of the shopping center is built, that access won't be needed until that time. Once
the shopping center is built, the two parking spaces on the side will go away for the drive because
additional parking will be created on the west side. If it is not built, the Fire Department does not
need that access drive because it is sprinkled. Mr. Phillips stated that Chief English has been involved
in all of this. Mr. Phillips stated that sidewalks were not shown, but Mr. Belt will be required to build
a five foot sidewalk from property line to property line and Mr. Phillips feels that Mr. Belt will
extend it to the edge of the approach. Cecilia Wood questioned if the area light would have any
effect on the neighborhood and Mr. Phillips responded that he did not look at the rest of the plans
to see what the lighting would be but that we do have restrictions on the amount of light that shines
on adjoining properties. The lights appear to be downcast lighting. Mr. Belt of Video Hits, Rt. 2,
Box ION, Rockwall, Texas 75087, stated that the company doing the lights have set up a schedule
that tells you how many candle watts and what is going to happen is that the light will be placed in
the center of the parking lots facing in towards the store. By the time the light reaches the store it
is already faded out, so the lights from the store will light the parking lot in front of the store.
Therefore, the neighbors should not receive any of the light (.01 candle power). Regarding the
concrete, curb and sidewalk notes on the site plan, Mr. Phillips stated that the architect designed that
to be a curb side sidewalk. The Subdivision Regulations require a five(5) foot sidewalk adjacent to
the curb or one(1)foot behind the property line on the city side. Either position for sidewalk will
have to be made handicap accessible to the approach edges. Ms. Wood questioned landscaping. Mr.
Phillips stated that Mr. Belt has 20,320 sq. ft. lot which according to the landscape ordinance requires
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1,016 sq. ft. of landscaping, which is 5% of the lot and at least half of that landscaping has to be in
the front yard. The calculated size of Mr. Belt's landscaping on his property in the front yard, not
counting the little sections of grass at the southeast corner of Mr. Belt's building. He's required to
have more than half of 1,016 sq. ft. in trees/shrubbery. Mr. Belt has an island in front of the parking
that is 566 sq. ft. which is more than half. Mr. Belt has three trees in front of the building and a live
oak tree in front behind the front building line. He is required to have four 2" trees and he has those
trees located and more than half of those trees are in the front yard - he does meet the landscape
requirements as drawn. Mr. Belt will have to pickup 450 sq. ft. of grass or sod, Mr. Phillips is
assuming that Mr. Belt will be doing some landscaping on the side of the building. Ms. Wood
questioned if he was required to have solid fence between his property and the elementary school and
Mr. Phillips replied that he was not. A motion was made by Steve Ahrens to approve the site plan
for Mike Belt, seconded by Cecilia Wood. Motion carried, all in favor(6 votes).
PUBLIC HEARING
ITEM No. 1: Hold Public Hearing and consider a recommendation to the City Council a request
from Robert Heath for a multiple zone change for a 2.1581 acre tract of land from "A" Agriculture
to "B-1"Business-1, and for a 2.5757 acre tract of land from "A" Agriculture to "B-2" Business-2,
to be platted as the Heath Addition, located South of Hwy. 78 and east of Eubanks and further
described as Abstract 688, Part of Tract 67,being a total of 13.254 acres. Chairman Peddicord noted
that a letter was received from Robert Heath requesting that his Public Hearing be tabled until the
next appropriate Public Hearing because he would like to change his zoning request to "PD" Planned
Development. Property owners within the legal limits will have to re-notified and the next meeting
would be March 18, 1996. Stuart Allison requested a clarification on the 13.925 acres. The map
shows that Archie Eubanks two sections exactly the same and the Trading Post which says Ray Miller
- 10.4 acres. Mr. Heath replied that it supposed to be 1.4 acres. (Robert Heath of 1890 Hwy. 78
N,Wylie, Texas 75098) approximately 4 1/2 acres, "L" shaped property. Steve Ahrens asked if he
currently owned 1.04 acres and just purchased approx. 4 1/2 acres. Stuart Allison questioned if the
Commission was platting 4 1/2, not 13.9 acres and Mr. Heath confirmed that. Chairman Peddicord
closed the Public Hearing. A motion was made by Steve Ahrens to table the Public Hearing
requesting a rezoning on 13.9254 acres until March 18, 1996 at the request of Mr. Heath and City
Staff. Seconded by Rich Eckman. Motion carried, all in favor(6).
CITIZEN PARTICIPATION
No citizen participation.
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STAFF NOTE
Mr. Phillips asked how many members of the Commission needed copies or updated copies of the
Subdivision Regulations,Paving Standards and Code of Ordinances. Everyone needs updated copies
of everything. Mr. Phillips notified the Commission that the City has met with the Municipal Code
Corporation and will hopefully have the revised Code of Ordinances by the end of April. Ms. Wood
suggested that a packet be put together of all the information needed by the Commission for when
a new member comes on board. Chairman Peddicord stated that the new City of Wylie maps will
be available sometime in the near future. Mr. Phillips stated that Staff had acquired a program that
will color the zoning maps, instead of having to do coloring and updates by hand. Rich Eckman
questioned if Potter Landscaping starting a lumber yard and Mr. Phillips replied that they had started
to but had received a Notice of Violation and they are working towards their deadline as far as getting
it cleaned up.
ADJOURNMENT
ADJOURN: A motion was made to adjourn by Tim Owen, seconded by Stuart Allison. Motion
carried, all in favor(6 votes). Chairman Peddicord adjourned the meeting.
Respectfully submitted,
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Bart Peddicord, Chairman Rebecca Rogers, Sege etary
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