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07-18-2006 (Planning & Zoning) Minutes Wylie Planning and Zoning Board CITY OF WYLIE q Minutes Wylie Planning & Zoning Board Tuesday, July 18, 2006 — 7:00 pm Wylie Municipal Complex— Staff Conference Room 2000 Highway 78 North CALL TO ORDER Chairman Larson called the meeting to order at 7:17PM. Present besides Chairman Larson were, Commissioner Ames, Commissioner Gregg, Commissioner Onufreiczuk, Commissioner Bennett, Commissioner Goss, and Commissioner Hemphill being absent. Staff members present were Mindy Manson, and Mary Bradley. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Bennett gave the invocation and Commissioner Onufreiczuk led the pledge of allegiance. CITIZENS COMMENTS Mr. Allen Morse, 5202 Stonewall, Greenville, Texas, approached the Commissioners stating that there was a misunderstanding on the date his Site Plan for a log cabin was to be considered. Ms. Manson stated that the Commissioners would consider the Site Plan on August 1, 2006. Minutes July 18, 2006 Wylie Planning and Zoning Board Page 1 of 5 CONSENT ITEMS 1. Consider and act upon approval of the Minutes from the July 5, 2006 Regular Meeting. A motion was made by Commissioner Gregg, and seconded by Commissioner Onufreiczuk, to approve the minutes from July 5, 2006, regular meeting. Motion passed 6 — 0, with Commissioner Hemphill being absent. ACTION AGENDA ITEMS 1. Consider and act upon approval of a Site Plan for a proposed 6,000 square foot office/warehouse development on Lot 12, Block A of the Hooper Business Park Addition, located at 206 Security Court. Ms. Manson stated that the applicant is proposing a 6,000 square foot office/warehouse facility. The Site Plan detailed the landscaping and architectural requirements and other pertinent information. A motion was made by Commissioner Ames, and seconded by Commissioner Gregg, to approve the Site Plan for a proposed 6,000 square foot office/warehouse development, generally located at 206 Security Court, Lot 12, Block A of the Hooper Business Park Addition. Motion carried 6— 0. 2. Consider and act upon approval of a Site Plan for a proposed 7,300 square foot retail development on a single lot, generally located north of FM 544 and west of FM 1378 (Country Club Dr.). Ms. Manson stated that items 2 and 3 on the agenda are related together, item 2 is the Site Plan and item 3 is the Final Plat, for a proposed 7,300 square foot retail development on a single lot. The lot configuration prohibits the setbacks to be met in the rear, and the Zoning Board of Adjustment granted a variance on July 17, 2006, allowing the rear setbacks to be 0 feet from the required 10 feet. The elevation has not been reviewed by Staff, but the Site Plan notes that desirable standards will be met. The applicant owns the property to the west as well as the subject property. Tom Allred, P. O. Box 38346, Dallas, Texas, applicant for the subject property, stated that drainage easement hinders a joint access easement between both of his properties, but will allow a pedestrian walkway and possibly have shared parking. A motion was made by Commissioner Gregg, and seconded by Commissioner Goss, to approve the Site Plan for a proposed 7,300 square foot retail development on a single lot, generally located north of FM 544 and west of FM 1378 (Country Club Dr), with the stipulation that elevation plans are reviewed and approved by Staff. Motion carried 6 — 0. Minutes July 18, 2006 Wylie Planning and Zoning Board Page 2 of 5 3. Consider a recommendation to the City Council regarding a Final Plat for A & W Properties Addition No. 2, generally located north of FM 544 and west of FM 1378 (Country Club Dr.), and being more specifically described as a tract of land situated in the Moses Sparks Survey, A-849, City of Wylie, Collin County, Texas, and being the remainder of that same tract of land described in deed as Second Tract to Ida Pearl Scholz et al, recorded in Volume 2957, Page 575 of the Deed Records of Collin County, Texas. Ms. Manson stated that the Final Plat creating the lot for the Site Plan on the current agenda. The plat was reviewed by pertinent staff members and by the North Texas Water District, and does meet the minimum requirements in the Subdivision Regulations. With no questions for the applicant or staff, a motion was made by Commissioner Onufreiczuk, and seconded by Commissioner Ames, to recommend approval to City Council for a Final Plat for A&W Properties Addition No. 2, generally located north of FM 544 and west of FM 1378 (Country Club Dr.). Motion carried 6 — 0. PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change to the Official Zoning Map from Business Center and Industrial Zoning Districts to Commercial Corridor, Light Industrial and Heavy Industrial Districts that it may conform to the newly adopted zoning regulations. Ms. Manson stated that the Zoning Ordinance was approved by City Council on January 24, 2006, which revised zoning requirements for Residential and Commercial Districts. The adopted Ordinance eliminated Business Center (BC) District and Industrial (I) District and created Light Industrial (LI) and Heavy Industrial (HI) Districts. Chairman Larson questioned the zoning on the property north of Brown and east of Eubanks. Ms. Manson stated that the property is zoned Neighborhood Service and stated that further research will be done to confirm that the property did not change from Neighborhood Service to Industrial. Ms. Manson stated that a letter was received from a property owner south of FM 544, and west of Westgate Way, requesting that the zoning be changed to Commercial Corridor and not Light Industrial, and the Land Use Plan recommends Commercial Corridor as well. The Commissioners agreed to make the revisions to conform to the Land Use Plan for the property south of FM 544, west of Westgate Way and north of Highway 78, and east of Sanden International. Minutes July 18, 2006 Wylie Planning and Zoning Board Page 3 of 5 Ms. Manson explained the Permitted Uses chart and stated that the newly approved Zoning Ordinance provided more flexibility with the setbacks, as well allowed uses than the requirements for the Business Center District. Chairman Larson opened the public hearing. Mr. John Mcllvain, 2002 W Kirby, Wylie, property owner which will change from Business Center to Commercial Corridor, questioned the existing development, which may not be an allowed use with the proposed zoning revisions. Chairman Larson stated that the intent of the revisions is for the existing property owners to have more flexibility for the uses and setbacks requirements. Ms. Manson stated that in 2001, existing properties were classified as legally nonconforming properties and the revisions will bring them to conforming uses. Chairman Larson closed the public hearing. With no further questions, a motion was made by Commissioner Ames, and seconded by Commissioner Onufreiczuk, to recommend approval to the City Council to remap the Official Zoning Map to conform to the new zoning regulations, with the revisions to the property west of Westgate Way, south of FM 544, north of Highway 78, and east of Sanden International be Commercial Corridor. Motion carried 6 —O. 2. Hold a Public Hearing and consider a recommendation to the City Council regarding an amendment to the Ordinance establishing regulations governing the sale of alcoholic beverages. Ms. Manson stated that in April 2006, the Planning Commission held a public hearing to consider a recommendation to the City Council for an ordinance regulating the sale of alcoholic beverages. The regulations approved at that time permitted four of the six nonresidential districts. The proposed amendment will allow the sale of alcoholic beverages in all nonresidential districts, with all other separation and distance requirements to remain in effect. Staff has received four requests from business and property owners requesting that the ordinance be amended to permit the package sale of alcohol in all non-residential zoning districts. When the ordinance regulating the sale of alcoholic beverages was approved, the permitted areas should have included all non-residential districts, the Texas Alcoholic Beverage Code does not allow stricter standards on businesses in another zoning district than the same type of business within another zoning district without the strict standards, they both must be allowed the right as long as all other regulations are met. Chairman Larson opened the Public Hearing. The following business representatives were in attendance; Mr. Steven Williamson, represented Brookshire, Mr. Jim Adams, Attorney at Law, representing 7-Eleven and Brookshire Grocery, Mr. Gary Fullington, represented 7-Eleven, Ms. Jennifer Vroman, represented Albertsons, Mr. Doyce Taylor, represented Kwik Chek Food Service, and all expressed concurrence with the proposed revisions and encouraged the Commissioners to recommend approval of the amendment. Minutes July 18, 2006 Wylie Planning and Zoning Board Page 4 of 5 Chairman Larson closed the Public Hearing. With no questions for Staff, a motion was made by Commissioner Goss, and seconded by Commissioner Bennett, to recommend approval to the City Council regarding an amendment to the Zoning Ordinance establishing regulations governing the sale of alcoholic beverages. Motion carried 6 — 0. ADJOURNMENT A motion was made by Commissioner Onufreiczuk, and seconded by Commissioner Goss, to adjourn the meeting at 7:50PM. Motion carried 6 — 0. Dennis Larson,Chairman ATTEST: , 1 Ma Br dley, Secretary Minutes July 18, 2006 Wylie Planning and Zoning Board Page 5 of 5