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09-09-1996 (Planning & Zoning) Agenda Packet planning and Zoning Commission rdlellY of Wylie Ueeular Iusiness Meeting September 1 )C AGENDA PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX September 9, 1996 6:30 pm CALL TO ORDER ACTION ITEM 1. Discuss and Consider approval of the Minutes from the August 5, 1996 Regular Business Meeting. PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council a request from Ron Heffner for approval of a zone change from"R", Retail to `B-1",Business District for the property located at 202 S. Ballard Avenue, and further described as Block 33,Lots 2B, 3B, 4B, 4C, 5A, 5B, 6A and 6B in the Railroad Addition. CITIZEN PARTICIPATION ADJOURNMENT Postedr , A ;trs -2, 1996 at 5:00 pm THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170. '\`' Planning & Zoning Commission #1 Action Item Re: Approval of the Minutes from the August 5, Regular Business Meeting September 9, 1996 Consider approval of the Minutes from the August 5, 1996 Regular Business Meeting. Note any changes or additions which need to be made. MINUTES The Planning and Zoning Commission met in a Regular Business Meeting on August 5, 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, Rich Eckman, Tim Owen, Cecilia Wood, Stuart Allison, John Crowe, Steve Ahrens(10 minutes late). ABSENT: None STAFF MEMBERS PRESENT: Director of Community Development -Mike Phillips, Planner- Kelley Shaw and Secretary-Rebecca Rogers. SWEAR IN NEW MEMBERS AND ELECT OFFICERS All members were previously sworn in. Stuart Allison nominated Bart Peddicord for Chairman, seconded by Tim Owen. Motion carried, all in favor(6 votes-Ahrens late). John Crowe nominated Rich Eckman for Vice-Chairman, seconded by Stuart Allison. Motion carried, all in favor(6 votes- Ahrens late). Chairman Peddicord introduced Kelley Shaw, the new City Planner, to the Board members. ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes from July 1, 1996 Regular Business Meeting. A motion was made by Rich Eckman, seconded by John Crowe to accept the minutes with corrections as noted. Motion carried, all in favor(6 vote-Ahrens late). ITEM NO. 2: Hold a Public Hearing and consider a recommendation for approval of a Final Plat for the Heath Addition submitted by Robert Heath, located south of Hwy. 78 and east of Eubanks. Chairman Peddicord asked for comment from Staff Mr. Phillips stated that a "PD" was approved on March 26, 1996 and this was the final plat that joined the additional lots that had been purchased for the "PD". A developmental plan will be following. A motion was made by Tim Owen to recommend approval of a Final Plat for the Heath Addition submitted by Robert Heath, located south of Hwy. 78 and east of Eubanks; seconded by Steve Ahrens. Motion carried, all in favor(7 votes). PUBLIC HEARING ITEM NO. 1: Hold a Public Hearing and consider a recommendation to the City Council a request from Doug and Guy Poole for a zone change from"R",Retail to "B-2", Business-2 for their property located at 103 S. Second Street and further described as Lots 13, 14, 15 and 16, Block 21 in the 1 Railroad Addition. Chairman Peddicord asked for comment from Staff. Mr. Phillips stated that the property is bounded by Multi-Family on the east (which is mainly occupied by single family residences)and Retail to south and north of the property. The zone change request is in compliance with the Comprehensive Zoning Ordinance(the Comprehensive Land Use Plan shows a strip along Hwy. 78 that is Retail/Commercial/Business). Chairman Peddicord opened the Public Hearing. Guy Poole, 207 Hwy. 78 North,Wylie, Texas was present to speak on his behalf. Mr. Poole said that he requested the zone change for 103 S. Second St. so that he could relocate his business from its current location on Hwy. 78 when it is widened. Mr. Poole thought B-2 zoning was appropriate for outside storage and sales. Board members questioned the B-2 zoning when B-1 zoning has feed and seed store with outside sales. Mr. Poole didn't think B-1 would cover the sale of livestock and hay trailers. A tractor with a front-end loader is used for loading round bales of hay and three (3) 27' Bobtail trailers are used for storing feed. Mr. Phillips stated that Poole's previous SUP was for outside plant sales. Use of trailers for storage is wide-spread across the city. Mr. Ahrens questioned if B-1 would allow Mr. Poole to continue to do business as he is now and Mr. Phillips responded that it would not,but a SUP would and it could be specific as to what is permitted. Mr. Poole was asked if he intended to sell round bales of hay and Mr. Poole replied that he didn't plan on it due to the cost. Discussion followed regarding what type of business could be placed in B-2 if the property was sold. The Board would legally be able to change the request to B-1 zoning with a SUP because it is more restrictive than what was originally requested. Lot coverage requirements were discussed. Site Plan Review would have to be brought before the Board for approval before construction could begin. Restrictions of approved surfaces for trailers to be parked on was discussed as well as selling retail out of the trailers without the building being on the new site. No sales could occur out of an accessory use storage trailer without the main use being on site. A Certificate of Occupancy will have to be approved by the Building Inspector before Mr. Poole could open for business. Mr. Poole was asked what his intentions were regarding the existing buildings on the new property and Mr. Poole responded that the building on skids would be sold and removed and the other building would be demolished and a new building built. Mr. Poole was asked if B-1 zoning with a SUP permit would be acceptable and Mr. Poole replied that as long as he could continue his business as he does now, it would be acceptable. Mr. Poole asked if he didn't start construction right away, would he be able to lease the building for anything under B-1 use and Mr. Shaw replied that anything that was permitted in B-1,Retail or Office would be allowed there. Mr. Shaw clarified that Mr. Poole's SUP would still be good even if he leased out the property for another use prior to opening his feed and seed store. Mr. Poole stated that he sells bunnies at Easter time. Mr. Shaw suggested that the ordinance reflect what type of business Mr. Poole plans to have and the type of sales that are related to it. Chairman Peddicord closed the Public Hearing. A motion was made by Steve Ahrens to recommend to City Council a request from Doug and Guy Poole for a zone change from "R", Retail to "B-1",Business-1 with a Specific Use Permit for feed and seed store with outside sales of related items and the sale of animals under seven(7)lbs., seconded by Rich Eckman. Motion carried, (6 in favor, 1 against-Cecilia Wood). CITIZEN PARTICIPATION No citizen participation. 2 DISCUSSION ITEM NO. 1: Discuss legal requirements pertaining to P&Z Meeting Minutes. Mr. Phillips stated that Becky Rogers went to a P & Z Minutes class sponsored by the North Central Texas Council of Governments and wanted to discuss the minutes as they are currently done versus what is legally required. What is done currently is very lengthy and legal requirements are very brief. A little more detail is needed than what the legal requirement is but it can be condensed some. The Board recommended submitting the minutes from tonight in two different formats at the next meeting. Mr.Phillips would like to follow the meeting format that was included in the packets at all future meetings and the Board agreed. ADJOURNMENT ADJOURN: A motion was made to adjourn by Tim Owen, seconded by Stuart Allison. Motion carried, all in favor(7 votes). Chairman Peddicord adjourned the meeting. Respectfully submitted, Bart Peddicord, Chairman Rebecca Rogers, Secretary 3 Planning & Zoning Commission #1 Public Hearing Item RE: Recommendation for Approval of Zone Change September 9, 1996 Issue Hold a Public Hearing and consider a recommendation to the City Council a request from Ron Heffner for approval of a zone change from "R" Retail to "B-1" Business District for the property located at 202 S. Ballard Avenue, and further described as Block 33, Lots 2B, 3B, 4B, 4C, 5A, 5B, 6A and 6B in the Railroad Addition. Background Ron Heffner is the President of Alaskan Air Conditioning and Heating Inc. which is currently located at 609 N. Highway 78. Alaskan Air Conditioning and Heating Inc. was opened in 1988 here in Wylie. This business has grown since its inception and Mr. Heffner now feels that he has outgrown his current location. The property at 202 S. Ballard Ave. provides the extra space that his business needs. Alaskan Air Conditioning and Heating Inc. is a commercial/residential air conditioning and heating service and repair business. Typically, they respond to phone calls requesting repairs on heating and air conditioning units. Servicemen then go to the site and remedy whatever the problem may be. The building itself will consist of a reception area, four offices and a break room. The property is currently zoned Retail. Property directly east of Mr. Heffner's lot is zoned Retail and the property to the south is zoned predominantly Single Family with some Multi- Family zoning. Public Hearing notifications were sent to all property owners within 200 feet of Mr. Heffner's property. To date, three favorable responses have been received. Financial Considerations N/A Legal Considerations Under Article 9, Section 2 (B2) of the Wylie Home Rule Charter, it states that the Planning and Zoning Commission will recommend to Council proposed ordinances and amendments regarding planning and zoning changes. Staff Recommendation Staff recommends approval of the zone change request. Wylie's adopted Zoning Ordinance allows for "heating and air conditioning shops" in areas designated "B-2" Business District. The key element in this land use description is the word shops. This land use description is intended for businesses which manufacture, repair and store materials on the premises that are related to the heating and air conditioning business. Pursuant to conversations with Mr. Heffner, staff feels that this is not an applicable description of Alaskan Air Conditioning and Heating Inc. Actual duties that will be done on the premises include answering calls and scheduling appointments for repairs, along with other related administrative/office duties. There will be some limited storage of parts and residential equipment inside the building. There is no outside storage allowed in areas zoned "B-1". This will not be a problem as Mr. Heffner assures staff that there will be no outside storage of any type. Repairs take place at the homes or offices of the customer and there will be no on-site manufacturing or repairs. Company trucks will not be parked on the site overnight as all business vehicles are driven home by employees. Staff concludes that Alaskan Air Conditioning and Heating Inc. conforms to the requirements of B-1 zoning. As stated in the Wylie Zoning Ordinance, the B-1 Business District is intended "...for commercial activities of a service nature". "Limited warehousing and distribution" is allowed within this business district classification. B-1 zoning is an acceptable land use for the State Hwy. 78 corridor and the proposed widening will not adversely affect this property. Therefore, staff recommends approval of this zone change request. Attachments Zone Change Application, Public Hearing Notice, Property Owners List and Responses, Location Map, Area Zoning Map. Page 1 of 2 (5/93) CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE Case No. Filing Fee2.,?��",. ` Date R'/9(, Applicant 774-7`4,i Phone No. Mailing Address: Work No. _if/ A)/A-l T i 7SZ / LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached hereto).1 ea 33 I hereby request that the above described property be changed from its present zoning which is /1 $) / District Classification to S-1 District Classification for the following reasons: (attach separate sheet if necessary) .074: , MG • There (are) re no ) deed restrictions pertaining to the intended use of the property. 2 Status of Applicant Owner _ Tenant Prospective Purchaser,QG,t, I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. Signed�� Page 2 of 2 Note: 1 The legal description is used to publish notice of the required hearing and in the preparation of the final ordinance granting the zoning change. The description must be sufficient so as to allow a qualified surveyor to take the description and locate and mark off the tract on the ground. Each applicant should protect himself by having a surveyor or his attorney approve his legal description. Failure to do so by the applicant may result in delay in passage of the final ordinance or the ordinance being declared invalid at some later date because of an insufficient legal description. 2 If the applicant is someone other than the owner, written acknowledgement by the owner of the zoning request must also be submitted. • i tiAS ' • 41, aar, AIR CONDITIONING&HEATING,INC. P.Q.BOX 247.809 N.1M'Y.78 WYLIE,TEXAS 75098 (214)442-2181 (214)818.7901 TACLA015313C CITY OF WYLIE P.O.BOX 428 WYLIE,TEXAS 75098 DEAR SIRS AND MADAMS, WE RESPECTFULLY REQUEST A"SPECIFIC USE PERMIT"FOR THE PROPERTY LOCATED AT 202 S. BALLARD,LOT 2B,3,BLOCK 33,WYLIE,TEXAS. THIS PROPERTY IS CURRENTLY ZONED AS RETAIL.THE NATURE OF OUR BUSINESS IS NOT IN TOTAL CONFLICT WITH THIS ZONING AS WE DO NOT MAKE ANY REPAIRS AT OUR OFFICE LOCATION. WE PLAN TO HAVE A RECEPTION AREA,FOUR OFFICES,TWO BATHROOMS,A BREAK ROOM, AND 40% STORAGE AREA FOR PARTS AND RESIDENTIAL EQUIPMENT. THE ONLY EXTERIOR BUILDING CHANGE WE PLAN TO MAKE IS INSTALLING AN OVER HEAD DOOR ON THE SIDE FACING BUTLER STREET.THIS WILL BE FOR MORNING AND AFTERNOON LOADING OF COMPANY PICKUP TRUCKS AND OCCASIONAL DELIVERIES. WE WILL NOT BE STORING ANY EQUIPMENT OR MATERIALS OUTSIDE OF THE BUILDING AND THERE WILL BE NO TRUCKS LEFT INSIDE OR OUT OVERNIGHT. ALASKAN AIR CONDITIONING AND HEATING, INC. WAS OPENED IN 1988 HERE IN WYLIE. SINCE OUR INCEPTION WE HAVE GROWN A LITTLE EACH YEAR. WE CURRENTLY LEASE A SMALL SPACE AT 609 N.HIGHWAY 78. TO OUR KNOWLEDGE WE HAVE HAD NO COMPLAINTS FROM ANY OF OUR NEIGHBORS OR FROM THE LANDLORD REGARDING CROWDING,TRASH,EXCESSIVE TRAFFIC,OR MA LEERS OF ANY NATURE. WE HAVE OUTGROWN THIS SPACE AND CONSIDERING THE INCREASE IN LEASE COSTS,WE WOULD LIKE TO PURCHASE A BUILDING OF OUR OWN.THE BUILDING WE ARE LOOKING AT IS NEARLY TWICE THE SIZE OF OUR CURRENT SPACE AND WE FEEL IS IDEALLY SUITED FOR OUR NEEDS NOW AND FOR MANY YEARS TO COME. THANK YOU FOR CONSIDERING OUR REQUEST IN THIS MAITER. SINCERELY, RON HEFFNER JOE SUTTERFIELD PRESIDENT VICE PRESIDENT July 31, 1996 City of Wylie ATTN: MIKE PHILLIPS To Whom It May Concern: This is to authorize Alaskan Heating and Air Conditioning to make application requesting a Special Use Permit for property located at 202 S. Ballard -attached is a plat survey of subject property. 41Z/ALI 7400. Bobbie St. Jo Date • • • :. , , • • • • • • • • • • h � 1 • '/ • . aW •/4. ' Gip, .,- • • o —••"- �4' - r 3 m ' . n . ilikk.f3 i, c„. __. . .. %c 1 • l 'Nh.' 'aigllhhhb:, tj 4.1 ' : , —i •. I • •, 114116.,. -141 .• .. .. < , -•• •_. ,,,,,-4.1r...14) .,. , ibtiiiIiliwz,1%16,16). *Vilifiki -• N „III .. •• .• . •. , t .. .,....,:•, -- ,• ... ,.. ' ..7. . . . ., . . .. ?.4 - ... \ ..'s • . V011ibti:: so• ' S• • il B -T �" Site• tY ` �+` PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, September 9, 1996, at 6:30 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, September 10, 1996, at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from "R" Retail to "B-1" Business District, for Ron Heffner for his property located at 202 South Ballard and further described as follows: Block 33, Lots 2B, 3B, 4B, 4C, 5A, 5B, 6A and 6B, in the Railroad Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZ/CC - Heffner Return this form to : Kelley Shaw, Planner 2000 Hwy. 78 N Wylie, Texas 75098 ❑ I am in favor of the request for the reasons listed below ❑ I am opposed to the request for the reasons listed below 1. 2. 3. Signature Printed Name Address PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, September 9, 1996, at 6:30 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, September 10, 1996, at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from "R" Retail to "B-1" Business District, for Ron Heffner for his property located at 202 South Ballard and further described as follows: Block 33, Lots 2B, 3B, 4B, 4C, 5A, 5B, 6A and 6B, in the Railroad Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZ/CC - Heffner Return this form to : Kelley Shaw, Planner 2000 Hwy. 78 N Wylie, Texas 75098 tliti I am in favor of the request for the reasons listed below U I am opposed to the request for the reasons listed below . 1. _ 2. y 3. Signature r7 Printed Name /I!4 fl r c1, B. do y Address ?o h X /22 S— PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, September 9, 1996, at 6:30 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, September 10, 1996, at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from "R" Retail to "B-1" Business District, for Ron Heffner for his property located at 202 South Ballard and further described as follows: Block 33, Lots 2B, 3B, 4B, 4C, 5A, 5B, 6A and 6B, in the Railroad Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZJCC - Heffner Return this form to : Kelley Shaw, Planner 2000 Hwy. 78 N Wylie, Texas 75098 • I am in favor of the request for the reasons listed below ❑ I am opposed to the request for the reasons listed below 1. 2. 3. Signature Printed Name iee1�-/AAL 1-' W/61 2P Address /0 ( R.,/, a(iiV, �oe. PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, September 9, 1996, at 6:30 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, September 10, 1996, at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from "R" Retail to "B-1" Business District, for Ron Heffner for his property located at 202 South Ballard and further described as follows: Block 33, Lots 2B, 3B, 4B, 4C, 5A, 5B, 6A and 6B, in the Railroad Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZ/CC - Heffner Return this form to : Kelley Shaw, Planner 2000 Hwy. 78 N Wylie, Texas 75098 I am in favor of the request for the reasons listed below ❑ I am opposed to the request for the reasons listed below 1. 2. 3. Signature Printed Name �o1J L— 4 Address o. �,AA b NOTIFICATION REPORT APPLICANT: `Ron -1 e. 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Z PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, September 9, 1996, at 6:30 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, September 10, 1996, at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from "R" Retail to "B-1" Business District, for Ron Heffner for his property located at 202 South Ballard and further described as follows: Block 33, Lots 2B, 3B, 4B, 4C, 5A, 5B, 6A and 6B, in the Railroad Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZ/CC - Heffner Return this form to : Kelley Shaw, Planner 2000 Hwy. 78 N Wylie, Texas 75098 ❑ I am in favor of the request for the reasons listed below ❑ I am opposed to the request for the reasons listed below 1. 2. 3. Signature Printed Name Address