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03-06-2001 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting March 6, 2001 7:00 pm Notice was posted in the time and manner required by law and quorum was present. Staff Members Present: Commission Members Present: Claude Thompson, Planner Steve Ahrens Mike Sferra, Development Services William Chapman Carter Porter Chris Hoisted, City Engineer Gary Wiseman Commissioners Absent: Michael George Tony Snider Phillip Tramell PREMEETING The Premeeting was convened at 6:30. Thompson reviewed the Planning Report and addressed questions from the Commissioners. Commissioner Porter requested that staff research and consider an appropriate regulation to provide for some degree of regular public inspection of rental properties. He noted that several rental properties appear to be deteriorating and need to be required to comply with maintenance codes. CALL TO ORDER Vice-Chairman Porter called the Meeting to order at 7:08 p.m. PLEDGE AND INVOCATION Commissioner Ahrens offered the Invocation and Commissioner Wiseman led the Pledge of Allegiance. P&Z Meeting March 6, 2001 Page 2 CITIZEN PARTICIPATION No one was present to speak on any topic other than the later public hearing item. CONSENT AGENDA ITEM 1. Consider and act upon approval of the Minutes of the February 20, 2001 meeting. Motion was made by Commissioner Ahrens, seconded by Commissioner Wiseman, to approve the minutes as submitted. Motion passed 4-0. PUBLIC HEARING ITEM 1. Hold a public hearing and consider and a recommendation to the City Council regarding the change in zoning from SF-3 (Single-Family Residential — 3) District to PD (Planned Development) District for Retail, Professional Office and Single-Family Residential uses, for the property located at 311 North Ballard Avenue, being all of a certain 0.1865 acre tract and being Lot 17 Block 3 of the Brown and Burns Addition, City of Wylie, Collin County, Texas. Thompson explained that the owner is proposing to construct a building on this lot which will be used as a residence as well as retail or office uses. The Comprehensive Plan recommends compatible mixed use for this location within the Historic Downtown Area. However, no current zoning district allows a mix of residential and nonresidential uses. On November 21, 2000, the Planning and Zoning Commission approved a waiver of the minimum acreage requirement to allow the subject Planned Development request to be submitted. He pointed out that the proposal complies with the Commission's earlier direction that the structure not be of a normal masonry retail design but rather reflect the historic residential character of the neighboring properties. Staff review has concluded that the proposal complies with the intent of the Comprehensive Plan as well as all pertinent code regulations, and recommends approval of the rezoning controlled by the proposed conditions. He reported that, because at least twenty percent of the property owners within the notification area had expressed written protest against the change in zoning, the affirmative vote of at least three-fourths of the entire Commission and City Council will be required to approve the request. P&Z Meeting March 6, 2001 Page 3 Dale Powrie, 901 Prestwick Lane, Richardson, Texas, 75080, applicant and representative of the owner, testified that the facility is being developed for the requirements of a specific business and its owner, but that the conditions of the PD restrict any major retail use. Commissioner Ahrens expressed concern for the head-in on-street parking, especially so close to the intersection. He recommended onsite parking, even if the building must be reduced in size to accommodate parking on the lot. Powrie responded that he and staff had considered several parking arrangements, and that the current parking layout had been recommended by the State handicap access reviewer. Commissioners, staff and applicant discussed pros and cons of several potential parking arrangements and generally concluded that no parking is desirable in the front, and recommended that all parking be located to the rear of the lot. Bill Lewis, 301 North Ballard Avenue, Wylie, Texas, 75098, representing the neighboring Birmingham Trust properties (301, 303 and 305 No. Ballard and soon to acquire 307), testified that he commended the concept of nonresidential uses within residential character which is the current situation of the Birmingham properties. He believes that the subject lot is too small for either a business or a residence, and the onstreet parking in front creates a hazard. The Birmingham property is zoned Retail and has off-street parking to the rear accessed by the alley. Commissioner Chapman responded that the site plan demonstrates that a business use can be developed on the lot and still maintain the historic residential character of the area. Commissioner Porter responded that he believed the proposed use and construction is more compatible than most retail uses which might be attracted to this very visible and heavy-traffic corner. Kay Askew, 1412 Anchor Drive, Wylie, Texas, 75098, reported that she plans to relocate her photography business and residence to the subject location, and that the proposal has been designed specifically to accommodate her needs. The nature of her business demands that her clients come by appointment and in sequence, so that normally only one and never more than two parking spaces are required at the same time. The site will appear residential and will be extensively landscaped as a setting for her photography, and she believes that the development will be a complement to neighboring block and an excellent anchor to the northern limits of the Historic Downtown. She said that parking in the front would be better because the business is located to the Ballard front and many of her clients are handicapped, but that parking in the rear would be acceptable and the front could be accessed by a walkway. James Parker, 306 North Ballard Avenue, Wylie, Texas 75098, testified that he has lived across Ballard from the subject lot since the 1930s. He wants the block to remain residential as it has always been, and believes that this introduction of a retail use may encourage other parcels to convert to nonresidential uses. Commissioner Chapman asked what other use and building type Mr. Parker would like to see on the subject property, but Mr. Parker offered no suggestions. P&Z Meeting March 6, 2001 Page 4 Suzette Grbriel, 405 North Ballard Avenue, Wylie, Texas, 75098, testified that the house in which she lives was built in 1888, and it was the nature of development of that day to mix residential and nonresidential uses together. As a neighboring property owner and professional, she believes that the business use and residential character of the structure will enhance the Historic Downtown and serve as an example for future conversions and improvements in the immediate area. Motion to recommend approval of the Planned Development District with the exception that no parking be constructed in the front and that parking for both residential and nonresidential be located to the rear of the lot was made by Commissioner Ahrens, seconded by Commissioner Chapman. Motion passed 4-0. ADJOURNMENT Motion to adjourn was made by Commissioner Ahrens, seconded by Commissioner Wiseman. Motion carried 4-0, and the meeting was adjourned at 7:41 p.m. // ° 'I 42______________ Az, 1_11 2 C er Porter, ice-Chairman Claude Thompson, PI r