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03-20-2012 (Planning & Zoning) Minutes Pit Wylie Planning and Zoning Commission CITY OF WYLIE Minutes Wylie Planning& Zoning Commission Tuesday March 20,2012—6:30 pm Wylie Municipal Complex—Council Chambers 300 Country Club Road, Building 100 CALL TO ORDER Vice-Chairman Gilbert Tamez called the meeting to order at 6:31PM. Present with Vice- Chairman Tamez were, Commissioner Matt Kirk, Commissioner David Dahl, Commissioner Ramona Kopchenko and Commissioner Ron Smith. Chairman Phillip Johnston and Commissioner Ruthie Wright were absent. Staff present was Renae' 011ie, Planning Director, and Charles Lee, Senior Planner. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Dahl gave the Invocation and Commissioner Kirk led the Pledge of Allegiance. CITIZENS COMMENTS Chairman Tamez opened the Citizens Participation. With no one approaching the Commissioners, Chairman Tamez closed the Citizens Participation. CONSENT ITEMS 1. Consider and act upon approval of the Minutes from the February 20, 2012,Regular Meeting. A motion was made by Commissioner Dahl, and seconded by Commissioner Smith, to approve the minutes from February 20, 2012 Regular Meeting, as submitted. Motion carried 5 —O. REGULAR AGENDA Action Agenda Minutes March 20,2012 Wylie Planning and Zoning Board Page 1 of 6 1. Consider and act upon approval of a Site Plan for The Shops of Northern Wylie, Block A, Lot 1 developing a single story, 3,010 square foot 7-11 _._.. convenience store with gasoline pumps on one lot consisting of 1.137 acre, generally located southwest of Parker Road (FM 2514) and Country Club Road(FM 1378). Mr. Lee stated that the applicant is proposing to construct a 7-11 Convenience Store with gasoline pumps on one lot consisting of 1.137 acres. The property is part of a Planned Development zoning (PD 2006-02) with the overall concept for a Neighborhood Services (NS) commercial district. The development represents Phase 1 of The Shops of Northern Wylie, with the remainder of the expected development towards the south. The property is located on the southwest corner of Parker Road and Country Club Road. The thoroughfare will be improved, and the design is not yet complete from Texas Department of Transportation and Collin County. Access is from Parker Road and shared access from anticipated development to the south. The site complies with the Zoning Ordinance's Site, Landscape and Architectural Design requirements. A preliminary plat establishing property boundaries, easements and rights- of-way dedication is on the current agenda. Commissioner Kirk questioned the access on the existing thoroughfare. Mr. Lee stated that the applicant is aware of proposed expansion of Country Club Road and Parker Road from TXDot and the County. Ms. 011ie stated that the design for median cuts from TXDot as well as the Collin County is not complete. Mr. Michael Montgomery, Verdad Real Estate, 1109 Ashby Drive, Allen, Texas, stated that a traffic engineer has performed a traffic study and made some recommendations. Based on those recommendations, the engineer will revisit the property to make recommendations for the safety devices for the intersection of Parker Road and Country Club Road. Commissioners discussed stipulations on a motion. Ms. 011ie asked for clarification that if the Commissioners made a motion pending the traffic study with City Engineer involved, and the stipulations that Commissioners included were not warranted by the study, is the Site Plan then denied because the stipulations are not met. Ms. 011ie recommended the Commissioners approve the Site Plan with suggestions for the City Engineer to look into, that way the suggestions are not tied to approval or denial, understanding that if engineering plans are not approved, the site does not get developed A motion was made by Commissioner Dahl, and seconded by Commissioner Smith, to approve the Site Plan for The Shops of Northern Wylie, Block A, Lot 1 developing a single story, 3,010 square foot 7-11 Convenience Store with gasoline pumps on one lot consisting of 1.137 acres, generally located southwest of Parker Road (FM 2514) and Country Club Road (FM 1378), with recommendation the City Engineer take into consideration the traffic study to allow for appropriate safety pending design of Country Club Road (FM 1378)and Parker Road(FM 2514). Motion carried 5-0. �. Minutes March 20,2012 Wylie Planning and Zoning Board Page 2 of 6 2. Consider a recommendation to the City Council regarding a Preliminary Plat creating 4 commercial lots on 4.112 acres for The Shops of Northern Wylie, Block A, Lots 1-4. Subject property generally located southwest of Parker Road(F.M. 2514)and Country Club Road(FM 1378). Mr. Lee stated that the Preliminary Plat establishes property boundary lines for four commercial lots, rights-of-way dedication as well necessary easements to accommodate the development of Phase 1 of The Shops of Northern Wylie. The Site Plan for Lot 1,Block A was on the current agenda. A motion was made by Commissioner Smith, and seconded by Commissioner Kirk, to recommend approval to the City Council regarding a Preliminary Plat creating four commercial lots on 4.112 acres for The Shops of Northern Wylie, Block A, lots 1-4. Subject property generally located southwest of Parker Road (FM 2514) and Country Club Road(FM 1378). Motion carried 5 0. Public Hearing 1. Hold a Public Hearing and consider a recommendation to the City Council, amending the zoning from Agricultural District (AG/30) to Planned Development-Agricultural 30 District (PD-AG/30) District on 10 acres (Collin County Humane Society Addition), generally south of E. Brown Street and east of Kreymer Lane. ZC 2012-04 Ms. 011ie stated that the request is to rezone 10 acres from AG/30 to Planned Development-AG/30. The applicant is Collin County Humane Society, and desiring to utilize the property for an animal boarding facility. The current ordinance allows Animal Boarding with Outside Pens with an SUP in the AG/30 District. However, because of the nature of the use, the applicant desired to propose PD-AG/30, allowing more innovation than what typical AG/30 will require. The proposed development will be a phase project. The first phase will include a possible dog park, a dog kennel, a 6,758 square foot facility with 23 parking spaces, adoption suites, grooming areas and office areas. Phase II would consist of 32 additional parking spaces, and a 3,363 square foot facility that would have dog suites, cat condos and a multi-function room. Phase III proposes 50 more parking spaces, and a 4,080 square foot open area for play yards with a possible barn/stable. The applicant is proposing to begin construction in August 2015 and two or three year's increments after that to have the development completed. A creek bisects the property and numerous easements, power lines take up the rear five acres, leaving the remaining five acres in the front buildable. The Minutes March 20,2012 Wylie Planning and Zoning Board Page 3 of 6 applicant is proposing to increase the landscaping requirements, and make the area conducive to the existing natural habitat. The trees or creek will not be disturbed during the construction or development of the property. The property is located on Brown Street and east of Kreymer Lane. Single-Family Residential District immediately to the North, and larger residential lots to the west. There are no residential dwellings immediately to the east, but there are residential uses and Agricultural uses in the area. Development of the property is limited due to utility infrastructure and natural constraints therefore staff is in support of the applicant's request to establish Planned Development zoning on the property providing specific safeguards associated with an animal rescue, rehab and adoption center are provided.The establishment of specific Planned Development provisions and safeguards such as minimum buffers, sound walls, minimum night sky lighting along with the existing terrain and natural vegetation shall limit undesirable spill overs to adjacent properties to the southwest and north which allows for a unique opportunity conducive with the surrounding land uses. Sixteen (16) notifications were mailed as required by law to property owners within 200 feet. We received several responses from those within the 200 feet buffer, as well as those outside the 200 feet buffer. We received 30 responses against the request, and 18 in favor of the request. By State Law there is a 20 percent rule applied when objection of a request is received by at least 20%of land owners within the 200 foot buffer. If a request reaches this 20 percent rule, then the item must be approved by a super-majority vote when considered by City Council. Ms. 011ie reviewed the Planned Development Conditions, stating that landscaping is increased by 5 to 10 percent than the requirements within Article 3 of the Zoning Ordinance. Ms. Molly Peterson, President Collin County Humane Society, P. O. Box 2733, McKinney, Texas, stated that they are a non-profit entity, and is not tied to SPCA or National Humane Society. The Collin County Humane Society operates through grants and donations. One of the issues raised from the comments received was the noise factor. The dogs are not outside in large numbers, it is very small amount of dogs taken outside in very small quantity of time. Each dog run will have a contained restroom for the dogs with the waste running into the sewage system. All dog waste occurring in the outdoor play yards will be picked up immediately. The proposed possible dog park will be on the eight acres that is not buildable due to power lines, easements and creek. The public park will be fully fenced and open during the day and closed in bad weather. Vice-Chairman Tamez opened the Public Hearing. Ms. Toni Rowe, 1500 S Kreymer, spoke in opposition of the request and represented several property owners that were unable to attend the meeting, expressed concern of traffic and no barrier sound. Minutes March 20,2012 Wylie Planning and Zoning Board Page 4 of 6 Mr. John Honea, 1213 Camelot, spoke in opposition of the request, due to impact of the noise to the surrounding residential properties, expressed concern,safety for children, and financial concerns. Mr. Lloyd Richardson, 1216 Majestic Lane, spoke in opposition of the request due to the property value will go down. He represented the Board of Director for Homeowners Association for Avalon Addition,which are all against. Ms. Ashley Pickering, 2921 Preston Lane, spoke in favor of the request and foster pet owner. The business is operated not just on donations, but grants. The building will be constructed as a new elementary school,and will not fit within a commercial area. Ms. Marjorie Bennett, 1945 E. Brown, spoke in opposition of the request, due to safety of the children in case of dogs escaping, the noise of the animals, and doesn't want to look at the facility. Ms. Lisa Henry owns property within Wylie spoke in favor of the request and closely involved with the Collin County Humane Society. Mr. Troy Rowe, 2938 Jamestown, spoke in opposition of the request due to lighting and concern of the financial revenue. Mr. Terry Rowe, 1500 S. Kreymer, spoke in opposition of the request due to lighting and safety. Ms. Cynthia McCoy, 2814 Dearborn, spoke in favor of the request, stating that there are dogs all in that area barking,really does not understand the noise factor concern. Ms. Peterson addressed the concern of the lighting, stating that the provisions are in place from the Zoning Ordinance and the design of the lighting is not complete at this time. The facility is not a night facility, so will not be lit up. The dogs will be contained inside the facility, surrounded by double walls, and only outside with a few dogs at a time. The number of dogs could be 76 and boarding side of dogs is 28. Chairman Tamez closed the Public Hearing. Chairman Tamez polled the Commissioners for their concerns. Commissioner Kopchenko expressed concern of location within residential uses, and noise issues, and asked if staff felt this was common. Ms. 011ie replied that what is common today may not be common five to ten years from now. May not be necessarily common in the midst of residential,but not impossible with certain safeguards in place. Commissioner Kirk expressed concern of noise and the number of opposition comment forms received. Commissioner Dahl stated that when a zoning proposal involves animals, it is an emotional decision; we have hopes of what will be and the fears of what happens. Minutes March 20,2012 Wylie Planning and Zoning Board Page 5 of 6 Commissioner Smith questioned if other locations are available and the plans for the Wylie Independent School District, which is the adjacent property. Ms. 011ie stated that there are other vacant lands, but not sure if it is available. As far as the property that is owned by the WISD, not sure what or if the property will be developed for a school. Chairman Tamez stated that no matter where the proposed facility is located, someone will be unhappy. Dogs are going to bark. A motion was made by Commissioner Dahl, and seconded by Commissioner Smith, recommend approval amending the zoning from Agricultural District (AG/30) to Planned Development-Agricultural 30 District (PD-AG/30) District on 10 acres (Collin County Humane Society Addition), generally south of E. Brown Street and east of Kreymer Lane. ZC 2012-04, with recommendations that the applicants meet with the neighborhood concerning the placement of future buildings and mitigate those issues that affect the neighborhood and that an understanding between the neighborhood and the development is met. Ms. 011ie questioned how the recommendations will be enforced and the Commissioners cannot enforce that. Mr. Lee encouraged the applicant to meet with the neighborhood before the item is considered at City Council. The motion was withdrawn. Commissioner Smith made a motion, and seconded by Commissioner Dahl to recommend approval to the City Council, amending the zoning from Agricultural District (AG/30) to Planned Development-Agricultural 30 District (PD-AG/30) District on 10 acres (Collin County Humane Society Addition), generally south of E. Brown Street and east of Kreymer Lane. ZC 2012-04. Motion carried 3-2, with Commissioners Kirk and Kopchenko in opposition. ADJOURNMENT A motion was made by Commissioner Dahl, and seconded by Commissioner Smith, to adjourn the meeting at 8:48 PM. All Commissioners were in consensus. Gilbert Tamez, rman ATTEST: / C.. Mar Bra ey,Administrativ Assistant Minutes March 20,2012 Wylie Planning and Zoning Board Page 6 of 6