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01-15-2013 (Planning & Zoning) Agenda Packet Planning &
Commission
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ST`4TE OF TERNS
January
Regular Business Meeting
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NOTICE OF
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MEETING
Regular Meeting Agenda
Tuesday, January 15, 2013 - 6:30 p.m.
Wylie Municipal Complex — Council Chambers
300 Country Club Road, Building #100
Phillip Johnston Chair
Gilbert Tamez Vice-Chair
David Dahl Board Member
F. Darnell Harris Board Member
Ramona Kopchenko Board Member
Ron Smith Board Member
Ruthie Wright Board Member
Renae 011ie Planning Director
Charles Lee Senior Planner
Jasen Haskins Planner
Mary Bradley Administrative Assistant
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie
Municipal Complex, distributed to the appropriate news media, and posted on the City website:
www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted
on the City of Wylie website: www.wylietexas.gov.
The Chair and Commissioners request that all cell phones and pagers be turned off or set to vibrate. Members of
the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone
conversation.
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 972.516.6020.
Hearing impaired devices are available from the City Secretary prior to each meeting.
CALL TO ORDER
Announce the presence of a Quorum.
INVOCATION & PLEDGE OF ALLEGIANCE
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Coimmissioners regarding an item that is not listed on the Agenda. Residents must provide
their name and address. The Commission requests that comments be limited to three (3) minutes. In addition, the
Commissioners are not allowed to converse, deliberate or take action on any matter presented during citizen
participation.
CONSENT AGENDA
January 15,2013 Wylie Planning and Zoning Regular Meeting Agenda Page 2 of 2
1. Consider and act upon approval of the Minutes from December 18, 2012, Regular
Meeting.
REGULAR AGENDA
Regular Hearing
Public Hearing
1. Hold a Public Hearing and consider a recommendation to the City Council regarding a
request for a Specific Use Permit (SUP) for an Animal Clinic or Hospital use limited to a
lease space (Suite 110) of 2,515 square feet within the existing Zlan Corner Commercial
Center, generally located at the northeast corner of Country Club Road and W. Brown Street.
ZC 2012-11
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on this 11 th day of January, 2013 at 5:00 p.m. as required by law in
accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was
contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov.
Carole Ehrlich,City Secretary Date Notice Removed
This page is intentionally blank
Wylie Planning and Zoning
Commission
CITY OF WYLIE
Minutes
Wylie Planning & Zoning Commission
Tuesday December 22,2012—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 6:30PM. Present with Vice-
Chairman Tamez were, Commissioner Ron Smith, Commissioner David Dahl,
Commissioner Ruthie Wright and Commissioner Ramona Kopchenko. Commissioner F.
Darnell Harris arrived late. Chairman Phillip Johnston was absent.
Staff present was Renae' 011ie, Planning Director, and Charles Lee, Senior Planner, Jasen
Haskins, Planner, and Mary Bradley,Administrative Assistant.
INVOCATION & PLEDGE OF ALLEGIANCE
Commissioner Dahl gave the invocation and Commissioner Smith led the Pledge of
Allegiance.
CITIZENS COMMENTS
Vice-Chairman Tamez opened the Citizens Participation. With no one approaching the
Commissioners,Vice-Chairman Tamez closed the Citizens Participation.
CONSENT ITEMS
1. Consider and act upon approval of the Minutes from the November 6,
2012, Regular Meeting.
Board Action
A motion was made by Commissioner Dahl, and seconded by Commissioner Smith, to
approve the Minutes from the November 6, 2012 Regular Meeting as presented. A vote
was taken and passed 5 —0, with Commissioners Harris and Johnston being absent.
REGULAR AGENDA
Regular Hearing
Minutes December 18,2012
Wylie Planning and Zoning Board
Page 1 of 6
1. Consider and act upon a Site Plan for M & S Electric, Block A, Lot 14 of
Hooper Business Park, generally located at southeast corner of Hooper
Road and Steel Road.
Staff Comments
Mr. Lee presented the Site Plan report to the Commissioners, stating that the property
totals 0.736 acres and is zoned Light Industrial (LI) District. The applicant/owner is
proposing to construct 5,820 square foot office/warehouse facility. The Site Plan mirrors
an existing facility on Lot 15, which was the same developer.
The proposed building will be constructed primarily of face brick with stone accents. The
applicant/developer is also proposing to include an innovative star with stone accent over
the doors.
Commissioner Harris arrived at 6:35.
Commissioners Discussion
Vice-Chairman Tamez expressed concern for type of storage within the warehouse
portion of the building. The applicant was not present. Commissioner Smith questioned
the type of user. Mr. Lee stated that the type of user is not known at this time. The
applicant is the owner/developer of the property.
Board Action
A motion was made by Commissioner Kopchenko, and seconded by Commissioner
Wright, to approve the Site Plan for M&S Electric, Block A, Lot 14 of the Hooper
Business Park, generally located at southeast corner of Hooper Road and Steel Road.
Motion carried 6-0, with Commissioner Johnston being absent.
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/Single-Family (PD-SF) on approximately 52.631
acres generally located south of S.H. 78, east of Wylie East Drive and
north of Wylie East H.S. ZC 2012-10
Staff Comments
Ms. 011ie presented the zoning case to the Commissioners, stating that the applicant is Mr.
Jim Douglas with Douglas Properties, Inc. The applicant is proposing a planned development
similar to the planned development for Kreymer Estates.
In November 2012, the subject property was annexed into the city for the purpose of
developing a single-family residential community of varied densities. The property totals
52.631 acres.
Minutes December 18,2012
Wylie Planning and Zoning Board
Page 2 of 6
The applicant is proposing a variety of square footage based on a percentage; 10% of the lots
will be 1,750 or greater; 25% of the lots will be 1,850 or greater; 30% of the lots will 2,000
or greater; and 35% of the lots will be 2,400 or greater. These are minimum square footage of
under roof dwellings sizes.
The proposed Lewis Ranch is dedicating 9.17 acres to the City of Wylie and improvements
will be installed prior to any Certificate of Occupancy being issued for the subdivision.
Although the park land is dedicated to the City of Wylie, the land will be maintained by the
Homeowner's Association. The Parks Board recommended approval at its meeting held
December 10, 2012.
Hike and Bike pedestrian trails will connect to Wylie East High School. In addition, a six
foot masonry wall will be constructed separating single-family residential lot and the Wylie
East High School property.
The Planned Development Conditions spells out all Design Regulations, which is similar to
Kreymer Estates Planned Development. The development will have two points of access
from Wylie East Boulevard and two points of access from Bennett Road, which will provide
ingress and egress to the development.
Commissioners Discussion
Commissioner Kopchenko questioned the material for the garage doors. The Planned
Development conditions state an upgraded insulated door with carriage hardware. Mr.
Lee stated that the garages will be front-entry, and cedar material. Commissioner
Kopchenko recommended a cedar material garage door as opposed to a vinyl or
aluminum garage door.
Mr. Jim Douglas, Douglas Properties, 2309 Avenue K, Suite 101, Plano, Texas,
represented the applicant for the subject property, presented a presentation to the
Commissioners that outlined the builder, Bloomfield Homes, and some of the amenities
proposed for the development. Bloomfield Homes will be the owner of the property that
will be constructed as Single-Family Residential Homes; therefore there will be no other
builder within the development.
The open space will include a pavilion and hike and bike trail, as well as a pond. The
pond will have signs posted no swimming, no diving, and no wading. The hike and bike
trail will be 3,200 linear feet with 8 foot trail, unless passing in the front of a residential
house, it will be 6 foot. The residential lots will have a masonry wall separating the Wylie
Independent School District property. All residential lots adjacent to open space areas
will have wrought iron fences along the back for consistency. However, if a homeowner
desires to have wood fence, it would be in addition to the wrought iron fence.
Public
Chairman Tamez opened the Public Hearing.
Ms. Diane Culver, Council woman, 2918 Jamestown Drive, spoke in favor, stating that
Council will be pushing higher end homes. Lot size does not guarantee an expensive
Minutes December 18,2012
Wylie Planning and Zoning Board
Page 3 of 6
home, more money on lot size and less money on type of home. The Council approved
unanimously the Planned Development for Kreymer Estates, which is being constructed
by this Developer. The Kreymer Estates will have nicer amenities within the homes, than
in any other development within Wylie.
Chariman Tamez closed the Public Hearing.
Board Action
Commissioner Dahl stated that the wording for garage door within the Planned
Development was acceptable. The wording indicates the garage door will be upgraded
insulted door with carriage hardware, specifying that the garage door must be cedar type
finish or wood grain baked-on material. Commissioner Kopchenko stated that the look is
what she is interested in, not aluminum or vinyl. Mr. Douglas is in agreement with
specifying cedar type or wood grain baked-on material. Commissioner Smith stated that a
general statement, and then breaking it down into more specific hardware. Commissioner
Dahl was in agreement with Commissioner Smith, and recommended including into the
motion. Commissioner Dahl stated that this gives the builder latitude to include new
material as time goes along.
A motion was made by Commissioner Kopchenko, and seconded by Commissioner Dahl,
to recommend approval to the City Council, amending the zoning from Agricultural
District (AG/30) to Planned Development/Single-Family (PD-SF), with an amendment to
the Planned Development Standard Conditions that the garage door be constructed with a
wood grain pattern type material, with carriage hardware. The property is approximately
52.631 acres generally located south of S.H. 78, east of Wylie East Drive and north of
Wylie East High School. ZC 2012-10. Motion carried 6—0, with Commissioner Johnston
being absent.
Work Session
1. Hold a Work Session to discuss the potential to allow Urban Domestic Fowl within
the City limits of Wylie.
Staff Comments
Ms. 011ie stated that the work session is to discuss chickens or urban domestic fowl
within the city limits. Staff held a work session with Council in November, and part of
the discussion included the trend of people wanting "live green, eat green". The
discussion centered on do we want to allow chickens within the City limits of Wylie.
Currently the Zoning Ordinance prohibits chickens, or any type of fowl, with exception
of allowing it on properties zoned Agricultural, with a minimum of five acres and the use
is commercial basis, and not for individual basis.
Staff is asking the Commissioners for direction on should the ordinance be amended to
allow; where should chickens be allowed and to what type of specifications. Within the
packet, are a list of cities that allow chickens. The regulations are not part of the Zoning
Ordinance, but rather within City Code of Ordinances Animal Control section.
Minutes December 18,2012
Wylie Planning and Zoning Board
Page 4 of 6
Staff did discuss allowing chickens with police staff, as well as animal control. This
affects them in several different ways, from having special equipment to capture a run-
away chicken or fowl, storing that fowl until the owner comes forward, or storing a fowl
because the owner refuses to take care of it. Significant cost considered included cost of
the equipment, cost of training the officers, cost of remodeling animal control center to
include a fowl/chicken coop.
The subdivisions that have Home Owners Associations were polled to find out wether
their deed restrictions allow or prohibit chickens/fowls. All of them except one do not
allow any type of fowl or chickens. The one that is considering to allow chickens is
Village of Birmingham, which are developed as duplexes,with the smallest lot sizes.
Staff did a research several articles relating to chickens/fowl. For every article giving the
negatives of allowing chickens, there was another article giving the positive side of
allowing chickens. Within the packet, staff included an article from Center for Disease
Control summarizing some environmental concerns and health risks associated with
raising chickens.
Ms. 011ie stated that eight e-mails were received from citizens in opposition of allowing
the chickens.
Chairman Tamez polled the Commissioners on their opinion. Commissioners expressed
concern of the cost for the City to first deal with the complaints of noise, run-away
chickens and constructing a "coop" for the run-away chickens or chickens captured
without owners. Commissioners also expressed having a significant weight of citizens
that are for allowing chickens in the backyard, and not just one or two citizens that are
asking for the change. All Commissioners were in consensus not to allow chickens within
backyards of single-family residential lots, and not to amend the current Zoning
Ordinance.
Chairman Tamez opened up comments from citizens in attendance. The following
citizens approached the Commissioners and were all in opposition; Mr. Britt Volker,
1511 Anchor Drive; Mr. Jeff Geerts, 2920 Jamestown Drive; and Ms. Diane Culver, 2918
Jamestown Drive.
Board Direction
The Commissioners were all in consensus not to amend the current Zoning Ordinance to
allow chickens in the backyard of a single-family residential home.
Minutes December 18,2012
Wylie Planning and Zoning Board
Page 5 of 6
ADJOURNMENT
A motion was made by Commissioner Dahl, seconded by Commissioner Wright, to
adjourn the meeting at 8:25 PM. A vote was taken and passed 6 — 0, with Commissioner
Johnston being absent.
Gilbert Tamez, Chairman
ATTEST:
Mary Bradley,Administrative Assistant
Minutes December 18,2012
Wylie Planning and Zoning Board
Page 6 of 6
OF Ivi,t
•` * Wylie Planning and Zoning
r Commission
1857
AGENDA REPORT
Public Hearing
Meeting Date: January 15, 2013 Item Number: 1
Department: Planning
Prepared By: Charles H. Lee,AICP, CBO
Date Prepared: December 5, 2012 Zoning Case Number 2012-11
Location Map,
Exhibit,Notification List/Map
Exhibits: and Responses,Exterior Photos
Subject
Hold a Public Hearing and consider a recommendation to the City Council regarding a request for a Specific Use
Permit(SUP) for an Animal Clinic or Hospital use limited to a lease space (Suite 110) of 2,515 square feet within
the existing Zlan Corner Commercial Center, generally located at the northeast corner of Country Club Road and W.
Brown Street. ZC 2012-11
Recommendation
Motion to recommend approval to the City Council regarding a change in zoning from Neighborhood Services (NS)
District to Neighborhood Services-SUP (NS/SUP)District for an Animal Clinic or Hospital use, Limited to a lease
space of 2,515 square feet and stipulating that all signage adhere to current sign ordinance,within the existing Zlan
Corner Commercial Center, generally located at the northeast corner of Country Club Road and W. Brown Street.
ZC 2012-11
Discussion
Owner: Adam Fullington Applicant: William Foster
The subject property is located at 456 Country Club Road, Suite 110 and is within the Wylie Point Commercial
Shopping Center(Zlan Corner, Block A, Lot 2R), more specifically Suite 2 lease space. The applicant is requesting a
Special Use Permit (SUP) for an Animal Clinic or Hospital use. An SUP provides a means of oversight and
evaluation by the Commission and City Council of certain uses as to its probable effects upon adjacent properties
and the community's welfare by assuring appropriateness and compatibility with surrounding land uses.
The applicant is proposing to lease out an existing suite to a local veterinarian for medical care for local domestic
pets and animals in the immediate and surrounding neighborhoods. The property is currently zoned Neighborhood
Services, NS districts allows for convenience of retail shopping and personal service uses principally serving the
needs of surrounding neighborhoods and compatible with adjacent land uses in scale and character. Recently
constructed in 2011, the center has since leased out spaces for Dry Cleaning & Laundry Service and Retail Beverage
Store. Situated on 1.814 acres; the 13,000 square foot center was designed to accommodate multiple and diverse uses
consistent with NS designated purposes.
Page 1 of 2
Page 2 of 2
The Comprehensive Plan designates General Urban Sector uses for the area of this request. The General Urban
Sector supports opportunities for retail and service uses; therefore this request is consistent with that designation land
use in accordance with the Comprehensive Plan subject to City Council's discretion. Surrounding properties to the
north, south and east are zoned Neighborhood Services and properties to the west are zoned Agricultural.
Conditions within the request limits the use to the lease space only and does not allow any outside kennels or pens.
In addition, any indoor kennels or overnight boarding is limited to no more than 17% of the total square footage of
gross floor area.
Additionally, the applicant is requesting some relaxation in the sign standards. Per item#9 of the SUP Conditions, a
wall sign located at a height of 26 feet or less is limited to 1.2 s.f. of sign area per linear feet of façade lease space.
The current sign ordinance allows for a 1:1 ratio, meaning the total area allowed for a sign is 1 s.f. for every 1 1.f. of
building face or lease space frontage. The applicant's lease space is approximately 40 in length, thereby requiring a
maximum of 40 s.f. of sign area. Under the guidelines of the proposed request, the sign area could be approximately
49 s.f. maximum.
All other lease spaces in the development were held to the 1:1 ratio. The Building Official has stated that signage
should be maintained per current ordinance as well as held to the same standards as the current tenants. There is also
a monument sign on site that allows for multi-tenant signage and provides more than sufficient public presence.
In summary, the request for an SUP to allow for an Animal Clinic or Hospital in lease space Suite 110 is generally
consistent with Neighborhood Services zoning district as well as General Urban Sector designation on adopted land
use plan. Considering the existing character of the facility and limited scale for proposed uses (animal clinic); staff
does not object to allowing for SUP on the designated lease space. Therefore, the applicant's request for an SUP to
operate such facility within NS is acceptable subject to approval of additional self-imposed provisions.
Staff recommends approval with the stipulation that all signage meet current sign ordinance.
Notification/Responses: Five (5) notifications were mailed, with no written responses returned favoring or opposing
the request at the time of packet distribution.
Approved By
Initial Date
RO 01/08/13
Department Director
EXHIBIT'A'
LEGAL DESCRIPTION
FOR
VETERINARIAN SPACE
WHEREAS, WYLIE POINT, LP, a Texas limited partnership, is the owner of a tract of land
situated in the Charles Atterbury survey, Abstract No.22, being all of Lots 2 and 3, Block A,Zlan
Corner Addition, an addition in the City of Wylie, Texas according to the Plat thereof recorded in
Book R, Page 16, Official Public Records, Collin County,Texas and being a portion of that certain
tract of land conveyed to Wylie Point, LP by Special Warranty Deed recorded in Book 5993, page
977, official public records, Collin County, Texas, and being more particularly described as
follows:
COMMENCING at a 1/2 inch iron rod on the east right-of-way line of Country Club Road(FM
1378) and the West line of said Lot 3, Block A, said point also being in the South line of a tract of
land conveyed to F.O. Birmingham Memorial Land Trust by Warranty Deed recorded in Book
5832, Page 794, Official Public Records, Collin County,Texas;
Thence North 90 Degrees 00 Minutes 00 Seconds East, departing said East right-of-way line of
said Country Club Road, and along the North line of said Lot 3, Block A, a distance of 139.54 feet
to a point for corner;
Thence South 00 Degrees 00 Minutes 00 Seconds East, departing said north line of said Lot 3,
Block A, a distance of 121.92 feet to the POINT OF BEGINNING of herein described tract;
Thence North 90 Degrees 00 Minutes 00 Seconds East, a distance of 62.17 feet to a corner;
Thence South 00 Degrees 00 Minutes 00 Seconds East, a distance of 40.92 feet to a corner;
Thence South 90 Degrees 00 Minutes 00 Seconds West, a distance of 63.67 feet to a corner;
Thence North 00 Degrees 00 Minutes 00 Seconds West, a distance of 1.50 feet to a corner;
Thence North 90 Degrees 00 Minutes 00 Seconds East, a distance of 2.83 feet to a corner;
Thence North 00 Degrees 00 Minutes 00 Seconds West, a distance of 29.67 feet to a corner;
Thence South 90 Degrees 00 Minutes 00 Seconds West, a distance of 4.17 feet to a corner;
Thence North 00 Degrees 00 Minutes 00 Seconds West, a distance of 3.00 feet to a corner;
Thence North 90 Degrees 00 Minutes 00 Seconds East, a distance of 2.83 feet to a corner;
Thence North 00 Degrees 00 Minutes 00 Seconds West, a distance of 6.75 feet to the POINT OF
BEGINNING and containing 2,515 square feet.
N
POINT OF F.O. BIRMINHAM MEMORIAL
COMMENCING LAND TRUSTeDi
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WYLIE, TEXAS 75098
Exhibit "C"
Zoning Case 2012-11
Conditions for Specific Use Permit for Animal Clinic, Hospital
Zlan Addition, Block A, Lot 3,Suite 110
1. The Specific Use Permit(SUP) shall not affect any regulations within Zoning Ordinance,except as
specifically provided herein.
2. All regulations of Neighborhood Services (NS) zoning district set forth in Article 4, Section 4.3 of
the Comprehensive Zoning Ordinance (adopted as of December 2012) are included as reference
and shall apply as provided herein.
3. In case of any conflict, the zoning exhibit and/or this document shall take precedent.
4. The Specific Use Permit(SUP) associated uses for Animal Hospital, Clinic shall be limited to
designated suite within the shopping center.
5. There shall be no outside kennels and or pens associated with SUP.
6. Indoor kennels and overnight lodging of animals shall be limited not to exceed 427 square feet
and or 17 %of total square footage of floor area of the clinic.
7. The clinic shall comply with all local and state health codes and regulations associated with
veterinary care and treatment of animals.
8. The operation of the clinic shall in no way adversely conflict and negatively impact the City of
Wylie's Shelter and Adoption Program, but shall on occasion be allowed to work cooperatively
with City in cases of joint adoption and animal care programs.
9. A wall attached sign located at a height of 26 feet or less is limited to 1.2 square feet of sign area
for each linear foot of lease space frontage.
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NOTIFICATION REPORT
APPLICANT Michael Lamping D.V.M APPLICATION FILE 2012-I 1
703 Riva Ridge Wylie, Texas 75098
BLKIABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Applicant 703 Riva Ridge
1 Michael Lamping D.V,M Wylie, Texas 75098
Zlan Corner No.2 10755 Sandhill Road
2 BIk A Lot 2R R-10103-00A-002R-1 Wylie Building LP Dallas,Texas 75238
Zlan Corner Addn 955 Meadowbrook Drive
3 BIk A Lot 1 R-8913-00A-0010-1 Baldwin Investments LLC Wylie, Texas 75098
Zlan Corner Addn 16I 5 W. Brown Street
4 BIk A Lot 4 R-8913-00A-0040-1 Zlan Technologies, Ltd. Wylie, Texas 75098
PO Box 546
5_ Abst 22 Tract 19 R-6022-000-0190-I FO Birmingham Memorial Land Trust Wylie, Texas 75098
6
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OWNER NOTIFICATION MAP
ZONING CASE #2012- 11
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