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06-03-1996 (Planning & Zoning) Minutes • MINUTES The Planning and Zoning Commission met in a regular Business Meeting on June 3, 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 Bail Peddicord, Tim Owen, Cecilia Wood, Rich Eckman, Stuart Allison, and Steve Ahrens. ABSENT: John Crowe-*excused. STAFF MEMBERS PRESENT: Director of Community Development - Mike Phillips and Secretary-Rebecca Rogers. ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes from May 9, 1996 Called Business Meeting. A motion was made by Cecilia Wood, seconded by Tim Owen to accept the minutes as presented. All in favor(6 votes). Motion passed. PUBLIC HEARING ITEM NO. 1: Hold a Public Hearing and consider a recommendation for approval to the City Council a request from Western Auto for a zone change from "R" Retail to "B-2", Business-2 for property located at 709 Hwy. 78 North and further described as Lot 4, Block 2 in the Oaks Retail Addition. Chairman Peddicord asked Mike Phillips, Director of Community Development for staff comments. Mr. Phillips stated that Western Auto is currently a non-conforming use. Mr. Bell initiated the zone change request for his property and Green's Auto also joined in. Chairman Peddicord asked if these three requests could all be considered as a group and Mr. Phillips replied that they would have to be considered separately. Western Auto has expressed a desire to add an additional bay in the future. Mr. Ford's lot is the only one of the three requests in this tract that completely abuts Retail zoning to the rear(the day care center and the house south of it are zoned Retail). Steve Ahrens asked why the house was zoned Retail and Mr. Phillips replied that he didn't know. Mr. Ahrens asked how many other problems with non-conforming uses that the city has and Mr. Phillips responded that there were more than a couple. Cecilia Wood questioned spot zoning since that area appeared to be mainly Retail and Residential. Mr. Phillips replied that there is a lot of the mixed zoning like this along the Highway 78 corridor. Ms. Wood stated that she thought that Western Auto was in the proper zoning with Retail because the ordinance states "other general retail sales of similar nature and character, provided that the business establishment is subject to the 1 following conditions,that be conducted wholly within an enclosed building. Ms. Wood felt that this was correct since Mr. Ford had four bays, that work was conducted in and not outside. Ms. Wood questioned the request for B-2 as opposed to B-1 when B-i allows service station or car care center in it. In regards to spot zoning,Mr. Phillips replied that B-1 would be an applicable use for Western Auto,but Dennis Bell with outside storage and Green's Auto with a machine shop would require B-2 which is why a request for B-2 was submitted. Ms. Wood stated that she thought the Commission was considering these individually. Mr. Phillips said they all applied together for a uniform zone change. Ms. Wood feels that there is a problem with definition of car care to automobile repair, etc. Ms. Wood asked if Mr. Ford is going to enlarge his business, does he have the property do to so. Mr. Phillips replied that Mr. Ford did and that he would be adding the bay on the south end of his building. Rich Eckman verified that he was not adding on to the Hwy. 78 side and Mr. Phillips confirmed this. Stuart Allison requested further clarification as to where the additional bay would be constructed. Mr. Phillips stated that it would be on the south side of Mr. Ford's building between Western Auto and the Graceworld Church/FEC building (there is a private drive in between). Chairman Peddicord stated that there is approximately 40 - 50 feet between the two buildings. Mr. Allison asked if any other public notifications had come back(besides what was in the packet) and Mr. Phillips replied that the only ones received were in the packet. Mr. Allison asked if this was something that should have been done 16 years ago and Mr. Phillips responded that he wasn't here 16 years ago,but perhaps Mr. Ford was lumped in with the rest of the Retail zoning to prevent spot zoning, but wasn't really sure how that happened. Chairman Peddicord opened the Public Hearing. Bill W. Viana of Green's Auto Parts, 702 Hwy. 78 North,Wylie,Texas was present to speak for the requested zone change. Mr. Viana stated that Dennis Bell had approached him and that's when he became aware of his zoning. Mr. Viana was under the impression that he was already zoned B-2. Mr. Viana had considered building (on the south side of his building) an automobile machine shop or possibly an automotive repair shop and found out that required B-2 zoning. Mr. Viana also stated that he had no immediate plans for building and the reason that he applied at this time was for the flexibility that B-2 zoning offered. Mr. Viana stated that the property would be kept up. Mr. Viana stated that Dennis Bell had told him that he would be fencing his rental yard, if for no other reason than security. Chairman Peddicord stated that we were discussing Western Auto at this time and asked if Mr. Viana was in support of it. Mr. Viana replied that he was. Chairman Peddicord asked if anyone was present to speak against the proposed zone change. Mr. Phillip Price of 209 Spence Drive, Wylie Texas 75098 was present to speak against the zone change. Mr. Price's complaint was that there is no barrier between Western Auto and the residential area. Mr. Peddicord stated that there is a fence and Mr. Price replied that there is a fence but he can still see Western Auto and tires, etc. piled up in back. Mr. Price stated that he can hear them testing brakes when doing state inspections,the air compressor runs all days and night, Western Auto's trash blows into his yard on windy days, and people cut through the neighborhood yards on foot and on four-wheel vehicles. Mr. Price and his neighbors have called the City on several occasions to complain about these problems. Mr. Price also stated that he wasn't necessarily against the zoning change, but his complaint was that there is not a solid barrier(wood or brick,not chain link)between the residences and the Western Auto. The foot traffic and vehicle traffic through residential yards is also a concern. Mr. Price is against this zone change because of 2 the noise and the unsightliness of the business. Mr. Price also stated that there should be some sort of ordinance regulating barriers between business and residential. Mr Phillips responded that the City of Wylie has an ordinance in the existing Code of Ordinances and a new ordinance was passed in 1993 regarding barriers between zones. Mr. Phillips pointed out that the house next to Mr. Spence is zoned "R" - Retail so therefore, a barrier is not required between that house and Western Auto. Steve Ahrens questioned the "Retail" description of fencing requirements between non-residential zones and residential.Mr. Phillips stated that there is currently a wooden fence behind Western Auto and also behind Green's Auto. Chairman Peddicord stated that the resident of the house that is zoned Retail had indicated to him that the fence was not necessary. Cecilia Wood questioned if the residential use house was being taxed as Residential or Retail. Mr. Price stated that his neighbor was being taxed as Residential. Chairman Peddicord called for a 5 minute recess. Meeting was reconvened. Chairman Peddicord stated that Mr. Price had written a letter that was included in the Commission members packet. Chairman Peddicord commented that Western Auto keeps their dumpster area fairly well kept and in fact, Western Auto has a problem of people illegally dumping in their dumpster(it happens all over the City of Wylie). Chairman Peddicord also commented on the stacks of used tires in the back of Western Auto. Mr. Ford, owner of Western Auto, stated that it was a state law that the tires have to be stacked outside twenty-four hours a day so that they can be picked up at anytime day or night. The recycling center in Midlothian is down and that is why the tires have not been picked up, they are not normally there all the time. Chairman Peddicord also stated that even though he did not see evidence of four-wheelers, etc. cutting through the neighbor's yard,he did not discount that it happens. Mr. Ahrens commented that Mr. Price's letter stated that the zone request was going from Retail to Industrial use. Mr. Ahrens asked if Mr. Price was aware that it was not a request for Industrial, but for B-2, Mr. Price stated that he had heard some speculations about what may be going on in the B-2 zoning and had concerns about another situation like Western Auto happening again. Mr. Price used Industrial incorrectly and is aware that it was a request for B-2 zoning. Stuart Allison asked Mr. Price if he would have a problem with the zoning Wan 8'masonry barrier was erected along the alley way and Mr. Price responded that he would not have a problem with that at all. It would stop the trash and keep the noise down. The/neighborhood is concerned for the children's safety. Rich Eckman asked if there is currently a 6' privacy fence behind Western Auto. Mr. Phillips responded that there is presently a 6' wooden fence along the south side of Western Auto. There is only a 4'wall behind Green's Auto, but the special rear and side yard requirements require a minimum 6'fence(wood or masonry) above the average grade of the residential property. The fence along Green's rear property line is 6' above the average adjacent residential grade. Mr. Eckman questioned if the fence was in good repair and Chairman Peddicord replied that it was in fair condition. Mr. Viana had stated to Chairman Peddicord that neighborhood kids remove the fence slats to make treehouses. Mr. Viana stated that the fence was new in April 1994. He has had it repaired several times due to the kids removing the slats. Chairman Peddicord asked if anyone else was present to speak against the rezoning. No others present. Chairman Peddicord closed the Public Hearing. Mr. Eckman questioned if the Commission could stipulate any contingencies on the rezoning of the Retail zoned single family use house from Retail to Single family and following along with the fence between the zones. Mr. Phillips replied that it is difficult to stipulate conditions when it is not a Specific Use Permit. If Mr. Ford applied for a building permit to add on to his building,he would be required to meet the current ordinance requirements and have 3 the fence as required. Mr. Allison asked if the Commission recommended to Council to approve the zoning change, before a building permit could be issued, if Mr. Phillips would consider erecting a masonry barrier going the length the alley. Mr. Phillips stated the requirement is for masonry or wood. Mr. Phillips also stated that the Commission may want to recommend to Council changing that provision of the code. The"Open Storage" ordinance requires masonry barrier or has alternates for chain link or live screening. Mr. Ahrens stated that the issue at hand is that this property is in non- compliance at this time. Ms. Wood felt that under Retail zoning that "retail sales of similar nature and character" covered Western Auto. Chairman Peddicord stated that Mr. Ford also has outside sales and Ms. Wood disagreed stating it was only a display. Ms. Wood stated that she had a problem with changing the zoning so that residential abuts B-2 zoning (ie. what would happen if Western Auto went out of business and someone else came in and wanted to put in a kennel with outside runs or any use that is permitted in B-2 zoning). Ms. Wood felt that are too many things that are permitted in B-2 zoning that aren't compatible next to a residential neighborhood. A motion was made by Steve Ahrens to recommend approval to City Council a request from Western Auto for zone change from"R"Retail to "B-2"Business-2 for property located at 709 Highway 78 North and further described as Lot 4,Block 2 in the Oaks Retail Addition, seconded by Rich Eckman. Motion was passed, 4 in favor- 2 against (Stuart Allison, Cecilia Wood). ITEM NO. 2: Hold a Public Hearing and consider a recommendation for approval to the City Council a request from Dennis Bell for a zone change from "R", Retail to "B-2", Business-2 for property located at 707 Highway 78 North and further described as Lots 3B, 3C, and 3D, Block 2 in the Oaks Retail Addition. Chairman Peddicord asked if Staff had any additional comments and Mr. Phillips stated that he did not. Chairman Peddicord opened the Public Hearing , no one present for or against the proposed zone change. Chairman Peddicord closed the Public Hearing. Ms. Wood stated that the reason for passing the zone change for Western Auto was that they needed to be in compliance,but there is nothing on Dennis Bell's lots, so it should be left Retail. Mr. Phillips stated s-' that lots 3C and 3D are vacant but lot 3B has the FEC and Graceworld Church building located on it. Ms. Wood verified that the existing businesses on Dennis Bell's property are in compliance with the zoning ordinance and Mr. Phillips replied that they were. Mr. Ahrens questioned the reasoning for B-2 zoning when B-1 zoning appears to be sufficient according to Sect. 18.1, 6 of the Zoning Ordinance. Mr. Phillips responded that Mr, Bell's intentions were to have a hardware store with outside storage for trailer/tool rental. Mr. Phillips stated that Mr. Bell would be required to fence along the rear of the property. Mr. Ahrens felt with the zone change, that the entire lot should be fenced in. Mr. Phillips replied that Mr. Bell's indications were that he was going to fence it all in with chain link fencing anyway for security reasons. A motion was made by Steve Ahrens to deny a recommendation to the City Council a request from Dennis Bell for a zone change from "R", Retail to "B-2", Business-2 for property located at 707 Highway 78 North and further described as Lots 3B, 3C, and 3D,Block 2 of the Oaks Retail Addition. Seconded by Stuart Allison. Motion passed, 5 in favor, 1 against(Bart Peddicord). ITEM NO. 3: Hold a Public Hearing and consider a recommendation for approval to the City Council a request from Green's Auto Parts for a zone change from "R", Retail to "B-2", Business-2 for property located at 703 Highway 78 North and further described as Lot 2A, Block 2 in the Oaks 4 Retail Addition. Chairman Peddicord opened the Public Hearing. Mr. Viana was present and had already spoken on his behalf. No one present to speak against the proposal. Chairman Peddicord closed the Public Hearing. Mr. Ahrens and Ms. Wood questioned whether this property was in compliance now and Mr. Phillips responded that it was. Mr. Phillips stated that machine or welding repair shop wasn't under a Specific Use Permit in Retail zoning and Mr. Ahrens stated that his primary use was retail sales. Discussion followed regarding the intent of the property, which Mr. Viana stated that he wanted to build an additional building on his property and have an automotive machine shop next to his auto parts store. The building would be leased out. Ms. Wood stated that if Mr. Viana was in compliance at this time, she didn't see a need for changing the zoning. Mr. Phillips stated that if Mr. Viana built a new building for use as a machine shop, he could no longer go with that building being an accessory use to an auto parts retail store. Mr. Phillips stated that Mr. Viana could have an accessory use to his auto parts by having a lathe in the back of his building. Mr. Phillips stated that there was a big difference between having a machine shop and having a brake drum turning machine in the back of his store. Mr. Ahrens questioned the need for rezoning the tract of land and Mr. Phillips replied that his intent was to build a separate building for the machine shop and that would require a different zoning from Retail. Mr. Allison asked where this new building would be located and Mr. Viana replied that it would be south of his existing building. Mr. Phillips pointed out that behind Mr. Viana's building there is more than the minimum fencing requirement with his retaining wall and the fencing. Discussion followed regarding the ordinance on fencing and retaining walls. Mr. Eckman and Mr. Allison expressed concerns regarding changing the zoning and not being able to definitely know what type of business would be going in there(there are too many uses in B-2 zoning that would not be acceptable in that area). Mr. Allison questioned if an SUP would be allowed in the current zoning. Mr. Phillips stated that an automotive machine shop is not a Specific Use is not allowable under Retail zoning. Ms. Wood questioned if a replat would be needed to build another building and Mr. Phillips responded that Mr. Viana's property was already platted. Mr. Phillips stated that for an automotive machine shop to be allowed under Retail zoningas an SUP, Staff would have to go through the process of going through City Council and get it approved. After that process, Mr. Viana would be allowed to apply for an SUP in Retail zoning. A motion was made by Rich Eckman to deny a recommendation to the City Council a request from Green's Auto Parts for a zone change from "R", Retail to "B-2", Business-2 for property located at 703 Highway 78 North and further described as Lot 2A, Block 2 of the Oaks Retail Addition. Seconded by Steve Ahrens. Motion passed, 5 in favor, 1 against(Bart Peddicord). CITIZEN PARTICIPATION No citizen participation. ADJOURNMENT ADJOURN: A motion was made to adjourn by Steve Ahrens, seconded by Rich Eckman. Motion carried, all in favor(6 votes). Chairman Peddicord adjourned the meeting. 5 Respectfully submitted, e• Re/ Bart Peddicord, Chairman Rebecca Rogers, Secret. Of 6