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06-05-2007 (Planning & Zoning) Minutes Wylie Planning and Zoning Commission CITY OF WYLIE Minutes Wylie Planning & Zoning Commission Tuesday, June 5, 2007 — 7:00 pm Wylie Municipal Complex— Staff Conference Room 2000 Highway 78 North CALL TO ORDER Chairman Larson called the meeting to order at 7:05PM and stated that a quorum was present. In attendance were: Chairman Larson, Commissioner Ames, Commissioner Bennett, and Commissioner Finnell. Commissioner Onufreiczuk arrived at 7:30p.m. Staff members present were Renae 011ie, Charles Lee, Jasen Haskins, and Mary Bradley. INVOCATION & PLEDGE OF ALLEGIANCE Chairman Larson gave the invocation and Commissioner Ames led the pledge of allegiance. CITIZENS COMMENTS No one approached the Commissioners. CONSENT ITEMS 1. Consider and act upon approval of the Minutes from the May 15, 2007 Regular Meeting. A motion was made by Commissioner Ames, and seconded by Commissioner Bennett, to approve the minutes from May 15, 2007, regular meeting as submitted with no changes or corrections noted. Motion carried 3 — 0 — 1, with Commissioner Finnell abstaining. Minutes June 5, 2007 Wylie Planning and Zoning Board Page 1 of 8 ACTION AGENDA ITEMS 1. Consider a recommendation to the City Council regarding a Final Plat for New Heights Baptist Church Addition. The plat creates a single lot for a church campus on 8.1 acres, generally located west of Hooper Road and east of Regency Business Park Addition Phase 2. Mr. Lee stated that the property totals 8.1 acres and will create one lot for a church campus. The property is zoned Light Industrial and is surrounded by properties zoned Light Industrial. A 150-foot TXU easement (1.39) acre) abuts the subject property to the south. Commissioner Bennett questioned the wording on the Final Plat stating easement to be abandoned by this plat. Ms. 011ie stated that a separate instrument will be filed for abandoning easement. A motion was made by Commissioner Bennett, and seconded by Commissioner Ames, to recommend approval of the Final Plat for New Heights Baptist Church Addition with the condition that the note easement to be abandoned by this Plat be removed. The note should state easement to be abandoned. Motion carried 4 - 0. 2. Consider and act upon approval for a Site Plan for Brown and Burns Addition, Lots 10-12 (Northside Grocery). The site plan proposes a 995 square foot addition to an existing convenience store generally located at the southwest corner of Ballard Avenue and Jefferson Street. Mr. Lee stated that the applicant is proposing a 995 square foot addition to an existing retail building. The property is zoned Downtown Historic (DTH) District and consists of three lots totaling .258 acre in size. The existing convenience store totals 2,040 square feet and has gasoline pumps located at the northeast corner of the property. The proposed addition will be constructed along the northern portion and will serve as a lease space for office and/or personal services uses. The proposed addition may include retail, in which additional striping of the parking lot is recommended. The dumpster will be reduced and placed at the rear of the property. A motion was made by Commissioner Finnell, and seconded by Commissioner Bennett, to approve the Site Plan for Brown and Burns Addition, Lots 10-12 (Northside Grocery). Motion carried 4 — 0. Minutes June 5, 2007 Wylie Planning and Zoning Board Page 2 of 8 3. Consider and act upon approval for a Site Plan for Premier Plaza Addition, Block A, Lot 1 (JTM Technologies). The site plan proposes a 26,350 square foot light assembly & fabrication facility on one lot on two acres generally located east of Martinez Lane, approximately 640 feet south of SH 78. Mr. Lee stated that the applicant is proposing to develop a single story assembly and manufacturing facility in two phases on one lot. The property is zoned Light Industrial (LI) and is two acres in size. A motion was made by Commissioner Ames, and seconded by Commissioner Finnell, to approve the Site Plan for Premier Plaza Addition, Block A, Lot 1 for 26,350 square foot light assembly and fabrication facility on one lot on two acres, generally located east of Martinez Lane approximately 640 feet south of State Highway 78. Motion carried 4 — 0. 4. Consider and act upon approval for a Site Plan for Hooper Business Park Addition, Block A, Lot 8. The site plan proposes a 5,990 square foot office/warehouse development on one lot on .592 acre, generally located east of Security Court, just south of Steel Road (203 Security Court). Mr. Lee stated that the applicant is proposing to develop a single story warehouse building on one lot. The lot is .592 acres in size. The proposed building totals 5,990 square feet and will include 1,500 square feet of office space and 4,490 square feet dedicated to warehouse use. The property is zoned Light Industrial (LI) District. Office/Warehouse is a permitted use within this district. A motion was made by Commissioner Bennett, and seconded by Commissioner Finnell, to approve the Site Plan for a proposed 5,990 square foot office/warehouse development on Lot 8, Block A of the Hooper Business Park Addition, generally located on the east side of Security Court, just south of Steel Road (203 Security Court). Motion carried 4 — 0. 5. Consider a recommendation to the City Council regarding a Site Plan and special parking alternative for Best Corner Wylie Addition, Block A, Lots 1 & 2 (Ace Check Cashing & Metro PCS), generally located on the northeast corner of SH 78 and W. Kirby Street. Mr. Lee stated that normally the review and approval of site plans are delegated to the Commission; however, in this case the applicant is requesting approval for special parking alternative along with the site plan. In the Zoning Ordinance, Article 7, Section 7.3 Parking Alternative stipulates that a legal agreement for minimum required parking spaces be satisfied in lieu of off-site parking. The Minutes June 5, 2007 Wylie Planning and Zoning Board Page 3of8 agreement runs with the property and is subject to City Council review. The applicant is proposing that the excess parking spaces on Lot 2 be counted towards meeting the required parking for Lot 1. The applicant is proposing to redevelop two existing commercial properties located at the northeast corner of SH 78 and Kirby Street. The property is zoned Commercial Corridor (CC) District and consists of two lots totaling .594 acres in size. Lot 1 is .15 acre or 6,714 square feet in size with an existing 1,648 square foot brick building on site. Lot 1 was originally developed in the mid-1980 as a convenience store with gasoline pumps. Portions of the property were acquired by TXDOT for widening and improvements of SH 78 and by the City of Wylie to accommodate right-of-way for Kirby Street. The property owner was compensated for the acquisitions; however the property could no longer accommodate motor vehicle fueling station uses. The applicant is proposing to convert the existing building into a check cashing service (Ace Cash America). Lot 2 is .44 acre or 19,190 square foot in size with an existing 1,710 square foot building on site. The property was originally developed as a drive-in restaurant in the late 1970's and has been vacant for approximately six months to one year. The applicant is proposing a cellular communications retail center for the property (Metro PCS). Lot 1 does not have adequate space for the required parking, and Lot 2 has over adequate space for parking. The parking requirement for the proposed use on Lot 1 is 6 spaces, and the proposed use on Lot 2 is 9 spaces. The proposed agreement and Site Plan delegates the required 15 spaces on Lot 2. Chairman Larson questioned the two parking spaces in front of Lot 1 and the driveway immediately right behind the parking spaces and onto SH 78. Mr. Lee stated that the existing driveway is proposed to be relocated further north and the existing driveway from Kirby Street will be accessed through the existing financial institution driveway. Commissioner Onufreiczuk arrived at the meeting at 7:30p.m. Commissioner Onufreiczuk questioned the liability of the property owner for the two lots on the parking requirements. Ms. 011ie stated that both lots are owned by one property owner. The parking agreement would run with the land, therefore any future tenant would have to adhere to the parking agreement. In the event a tenant does not want to uphold the agreement, the parking agreement becomes null and void, and each lot will have to meet the required parking. Commissioners discussed the parking agreement, and the condition of the existing buildings. Ms. 011ie reminded the Commissioners that what they are to consider and review is the Site Plan. The options of that is to approve the Site Plan as submitted, approve the Site Plan with stipulations that the two parking Minutes June 5, 2007 Wylie Planning and Zoning Board Page 4 of 8 spaces in front of Lot 1 be revised, or deny the Site Plan on the conditions that the Site Plan does not meet the required parking regulations. Mr. Stan Haddock, 221 Country Club Drive, Heath, Texas, property owner for the subject property, stated that he is the owner of both properties and does not split up his properties. He leases them out, and has been in business for thirty years owning and leasing property out. The State of Texas has approved the access easement onto SH 78, which was done last year when a company approached him of tearing the two buildings down and starting a new development. The access will be forty foot wide, and can be moved further north. The purpose of not proposing to move the access was to avoid tearing a telephone pole down, but he is willing to do that in order for the Site Plan to be approved. He also stated that one of the parking spaces in front of Lot 1 can be removed, but preferred to leave one for handicap parking and rotate to be parallel with SH 78. A motion was made by Commissioner Bennett, and seconded by Commissioner Finnell, to recommend approval to the City Council for the Site Plan for Best Corner Wylie Addition, Block A, Lots 1 and 2, generally located on the northeast corner of SH 78 and W Kirby Street, with stipulations that one parking space in front of Lot 1 be removed and the other parking space rotated to be parallel with SH 78. Motion carried 4 — 1, with Commissioner Onufreiczuk in opposition. Public Hearings 1. Hold a Public Hearing and consider a recommendation to City Council regarding an amendment to Article II of the Subdivision Regulations regarding the abandonment of the right-of-way and provide principles and procedures for the abandonment of the right- of-way. Ms. 011ie stated that the proposed ordinance will provide principles and procedures for the abandonment of right-of-way. Currently, when right-of-way abandonment is considered by Council, there is not a set procedure to follow for the abandonment of right-of-way. The proposed ordinance sets specific guidelines from property owner's purchase of right-of-way to final abandonment by Council. Ms. 011ie stated that the proposed amendments should be reviewed by the Commissioners with action being taken on June 19th Chairman Larson opened the public hearing. No one came forward, and Chairman Larson closed the public hearing. A motion was made by Commissioner Ames, and seconded by Commissioner Bennett, to table the amendment to Article II of the Subdivision Ordinance establishing regulations regarding the abandonment of right-of-way to June 19, 2007. Motion carried 5 — 0. Minutes June 5, 2007 Wylie Planning and Zoning Board Page 5of8 2. Hold a Public Hearing and consider a recommendation to City Council regarding an amendment to the Zoning Ordinance Section 2.5.4 (Accessory Buildings) specifying the size and type of material for all accessory buildings. Mr. Haskins stated that staff has determined that the current accessory building ordinance (Section 2.5.4) is obsolete. Over the past three years numerous cases have come before the Zoning Board of Adjustment requesting variances to the ordinance for accessory buildings. In all these cases the requests were granted. The current ordinance does not take into consideration the widely varying lot sizes and neighborhoods that accessory buildings are placed on. In addition, the current ordinance is outdated in regards to the various types of acceptable building materials that can be used for accessory buildings. The revised ordinance, by using percentages of lot size instead of a fixed accessory building size allows for more flexibility to the property owner while maintaining reasonable building sizes, materials, and numbers. This new formula, as provided in the proposed ordinance, bases the accessory building size and total lot coverage on a percentage of the total lot size and square footage of the main structure. In addition, the revised ordinance updates the allowed materials for the construction of an accessory building accounting for technological advances, namely durable vinyl construction. Lastly, the proposed ordinance eliminates confusion on definitions regarding accessory buildings and allows for accessory buildings that are within the intent of the current ordinance while still requiring a variance for accessory buildings that are proposed under unusual or exceptional circumstances. Commissioners questioned the type of building materials proposed. Mr. Haskins stated that staff is not proposing wood but is proposing masonry or masonry type material or a vinyl material will be allowed. Commissioner Ames questioned the size of the accessory building proposed. Mr. Haskins stated with the variety of house sizes and lot sizes, the formula used to determine the size of the accessory building is based on the size of the lot and then the size of the main structure. If the size of the lot is small, then the size of the building will be determined by the size of the house. If the size of the lot is large, then the accessory building can not be larger than a percentage of the lot size. Commissioner Bennett expressed the opposition of hardiboard and stated that hardiboard will begin to deteriorate and crumble at the area closes to the ground. Ms. 011ie requested Commissioner Bennett to provide pictures/information to submit to staff to consider prohibiting hardiboard out of the ordinance. Commissioner Bennett stated that he would. Minutes June 5, 2007 Wylie Planning and Zoning Board Page 6 of 8 Chairman Larson opened the public hearing. Mr. Jim Griffin, 301 W Kirby Street, Wylie, questioned if a Harlan barn would be allowed as an accessory building and if not allowed, expressed his opposition of not allowing it because it is a wood based product. Ms. 011ie stated not allowing wood was not an amendment to the ordinance, it is currently not an allowed use. Ms. 011ie further stated that the Harlan board would be reviewed, because it may be allowed with metal or an approved veneer finish. Chairman Larson closed the public hearing. A motion was made by Commissioner Bennett, and seconded by Commissioner Onufreiczuk, to table the amendment to the Zoning Ordinance Section 2.5.4 (Accessory Buildings) specifying the size and type of material for all accessory buildings until June 19, 2007. Motion carried 5 — 0. 3. Hold a Public Hearing and consider a recommendation to City Council regarding an amendment to Zoning Ordinance 2001-48, Article 9 Nonconforming Uses and Structures: amending in its entirety Articles 9 and setting forth procedures to apply current regulatory systems to projects to the extent reasonably possible and within the confines of the law and to do all things reasonably possible to protect the health, safety and welfare of the public. Ms. 011ie stated that the purpose and intent of the proposed amendment is an attempt to bring nonconforming properties into conformance with current regulations. The proposed changes do not prohibit a property from continuing a nonconforming use provided that such use was a conforming use prior to the time of passage of the previous Zoning Ordinance No. 2001-48 as adopted on November 11, 2001. The previous ordinance allowed up to a fifty percent (50%) expansion of an existing legally nonconforming structure. What staff is now proposing is to eliminate this 50% regulation. The ordinance shall now read: No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by the nonconforming use at the effective date of adoption or amendment of this ordinance. No additional structures shall be erected in connection with a nonconforming use of property. There are provisions in the Ordinance to allow an applicant to request a hearing by the Zoning Board of Adjustment. When the Board grants a variance for a nonconforming structure that structure and each non-complying feature becomes legally conforming. Again the intent is to encourage the lawful use of buildings and structures to conform to current zoning regulations, while allowing legally nonconforming uses to continue operations subject to ordinances regulating the maintenance of the premises and conditions of operations as may in the judgment of the Board be Minutes June 5, 2007 Wylie Planning and Zoning Board Page 7of8 reasonably required for protection of adjacent property and the public health, safety a n d welfare. Chairman Larson opened the public hearing. No one came forward, and Chairman Larson closed the public hearing. A motion was made by Commissioner Onufreiczuk, and seconded by Commissioner Finn ell, to table the amendment to Article 9 and setting forth procedures to apply current regulatory systems to projects to the extent reasonably possible and within the confines of the law and to do all things reasonably possible to protect the health, safety and welfare of the public to the June 19, 2007 meeting. Motion carried 5 — O. ADJOURNMENT A motion was made by Commissioner nufr i uk, and seconded by Commissioner Bennett to adjourn the meeting at 8:26p.m. Motion carried 5 — O. • Dennis Larson, airman ATTEST: 4Ma ,t Nts_lii A "-- qdley, Secrete Minutes June 8, 2007 Wylie Planning and Zoning Board Page 8 of 8