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07-17-2007 (Planning & Zoning) Agenda Packet Planning & Zoning Commission i,i/lt CITY ! YLIE w July 17, 2007 Wylie Planning & Zoning Commission CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda Tuesday, July 17, 2007 -7:00 pm Wylie Municipal Complex- Council Chambers 2000 Highway 78 North Dennis Larson Chair Scott Ames Vice-Chair Tim Bennett, P.E. Board Member Phillip Johnston Board Member Ramona Kopchenko Board Member John Onufreiczuk Board Member Ruthie Wright Board Member Renee 011ie Planning Director Charles H. Lee,Jr.,AICP Senior Planner Jasen Haskins Assistant 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 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE ELECTION OF OFFICERS 1. Hold elections for Chair and Vice-Chair of the Planning and Zoning Commission. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Commissioners 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. July 17,2007 Wylie Planning and Zoning Regular Meeting Agenda Page 2 of 2 CONSENT AGENDA A. Consider and act upon approval of the Minutes from June 19, 2007 and July 3, 2007 Regular Meetings. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider a recommendation to City Council regarding a change in zoning from Agricultural (A) to Agricultural/30 (AG/30) District on a five (5) acre parcel, generally located east of Kreymer Lane, approximately 350 feet south of Brown Street. (1500 Kreymer Lane)ZC 2007 03. ADJOURNMENT CERTIFICATION I certi.6 that this Notice of Meeting was posted on this 13th day of July, 2007 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`004.1;!VtliiK xas.Qov. SEAL Carole ,City Secretary; =� f. Date Notice Removed •° ''///, s LIE, i E`0\``` ivel! Wylie Planning and Zoning Commission CITY OF WYLIE Minutes Wylie Planning & Zoning Commission Tuesday, June 19, 2007 — 8:00 pm Wylie Municipal Complex— Staff Conference Room 2000 Highway 78 North CALL TO ORDER Vice-Chairman Ames called the meeting to order at 7:58PM due to Commissioner Onufreiczuk arriving late and stated that a quorum was present. In attendance were: Vice-Chairman Ames, Commissioner Bennett, Commissioner Finnell and Commissioner Onufreiczuk. Chairman Larson was absent. Staff members present were Renae 011ie, Charles Lee, Jasen Haskins, and Mary Bradley. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Bennett gave the invocation and Commissioner Finnell 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 June 5, 2007 Regular Meeting. A motion was made by Commissioner Onufreiczuk, and seconded by Commissioner Bennett, to approve the minutes from June 5, 2007, regular meeting with correction on page 1, under Call to Order remove Commissioner Goss. Motion carried 4 — 0. Minutes June 19, 2007 Wylie Planning and Zoning Board Page 1 of 5 ACTION AGENDA ITEMS 1. Consider and act upon a Site Plan for Wylie Independent School District, for the addition of an Agricultural Barn on 36.9 acres, generally located north of Hensley Lane and west of Sanden Blvd. Mr. Haskins stated that the applicant is proposing an addition to an existing Wylie ISD Agricultural Barn generally located north of Hensley Lane and west of Sanden Boulevard. The property is zoned Agriculture (A) and consists of one lot totaling 36.9 acres. The proposed structure will be constructed as a 114 feet by 90 feet metal building totaling 10,260 square feet to match an existing Agricultural Barn in building material, color, and architectural style. A metal building is allowed in Agricultural Districts. With no questions for the applicant or staff, a motion was made by Commissioner Bennett, and seconded by Commissioner Onufreiczuk, to approve the Site Plan for Wylie Independent School District Agricultural Barn as submitted. Motion carried 4 — 0. 2. Consider and act upon a recommendation to City Council to adopt a Policy to support the Neighborhood A.C.T.I.O.N. Plan as a tool to maintain and preserve the quality of older neighborhoods throughout the city. Ms. 011ie stated that the development of Accountable Communities Through Involvement of Neighborhoods (A.C.T.I.O.N.) will be the tool for each resident and stakeholder to work together towards greatly improving the quality of life for all residents of Wylie. This program encourages community defined plans using a city-guided program, and will be a long-range plan. The neighborhood planning process addresses land use, zoning, transportation, and urban design issues. The goal of neighborhood planning is for diverse interest to come together and develop a shared vision for their community. Staff has done an initial survey of the housing stock in five (5) neighborhoods: Calloway Addition, Southside Addition, the J.M. Butler Addition, Railroad Addition, and the Bostic Addition. According to the 2000 Census the (H36)Year Structure Built ranges from as early as 1915 to as current as 2006. The initial idea is to target those neighborhoods that have a very small number of vacant houses as a way of stabilizing these blocks. This approach recognizes that livability and marketability can vary from block to block. Minutes June 19, 2007 Wylie Planning and Zoning Board Page 2 of 5 Staff recommends the Bostic Addition as the starting point for the A.C.T.I.O.N. Plan for several reasons. The need is there as well as a desire from some of the residents in that area to get involved. As you know this section does include Third Street where the house explosion took place. I think the City's active role in this community will be well received and possibly serve as a building tool to aid in bringing some sort of comfort back to this area. With no questions for staff, a motion was made by Commissioner Finnell, and seconded by Commissioner Onufreiczuk, to recommend approval to the City Council to adopt a Policy to support the Neighborhood A.C.T.I.O.N. Plan as a tool to maintain and preserve the quality of older neighborhoods throughout the city. Motion carried 4 — 0. 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 amendment to Article II of the Subdivision Regulations regarding the abandonment of the right-of-way was tabled at the meeting on June 5, 2007. As discussed as the meeting, the purpose of the proposed ordinance will provide principles and procedures for the abandonment of Right- of-Way. Previously there were several abandoned right-of-way processed individually, with no procedure on how to complete except to submit to City Council and have them approved. Then the surrounding property owners will go through the process of purchasing that abandonment, and this was not always done. The proposed ordinance will require that all adjacent property owners purchase the property at the fair market value through the city, and then a request for abandonment will be submitted to the City Council for approval. The steps for the adjacent property owners will be outlined within the proposed ordinance, which include having the land appraised, a check for the amount to finance department, a report submitted to Council for approval, and then the steps for submitted a replat, if necessary. If the Council denies the request for abandonment right-of-way, the check will be refunded to the adjacent property owners. Vice-Chairman Ames opened the public hearing. With no one approaching the Commissioners Vice-Chairman Ames closed the public hearing. A motion was made by Commissioner Bennett, and seconded by Commissioner Onufreiczuk, to recommend approval to the City Council to amend Article II of the Subdivision Ordinance establishing regulations regarding the abandonment of right-of-way. Motion carried 4 — 0. Minutes June 19, 2007 Wylie Planning and Zoning Board Page 3of5 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 the amendment for Accessory Buildings was tabled on June 5, 2007, with the understanding that Commissioner Bennett would submit further information on hardiboard. Mr. Haskins summarized the purpose of the amending the requirements for an accessory building. The Zoning Board of Adjustment has granted numerous requests for a variance to the ordinance for accessory buildings within the last three years. The current ordinance does not take into consideration the widely varying lot sizes and neighborhoods that accessory buildings are placed on. The current ordinance is outdated in regards to the various types of acceptable building materials that can be used for accessory buildings. Mr. Haskins reviewed with the Commissioners the proposed ordinance, which will use a formula by using percentages of lot size and total lot coverage and square footage of the main structure. This will take into account the wide variety of lot and main structure sizes that are currently in use within the City of Wylie. Mr. Haskins stated that after the June 5, 2007 meeting, staff inserted Kiosk, which are the temporary buildings set up on existing commercial parking lots. The proposed ordinance would specify the number of Kiosk allowed on the commercial lots, as well as being exempt from the masonry requirement. Commissioner Bennett presented a presentation on several existing accessory buildings made out of hardiboard, which are crumbling at the bottom due to the moisture from the ground. The accessory buildings were constructed with no concrete pad as the foundation. Vice-Chairman Ames opened the public hearing. James Griffin, 301 W Kirby Street, #222, Wylie, represented his place of employment that sells accessory buildings provided by Harlan Corporation, which are buildings constructed out of T-111 materials (grooved plywood), thicker than wood material. The cost for the buildings range from $900 to $1500 and assembled on the property. Vice-Chairman Ames closed the public hearing. Commissioner Bennett requested clarification on vinyl exterior or wood with vinyl exterior. Commissioners discussed in length the type of exterior material, and the durability of exterior material. Mr. Haskins stated that the ordinance requires composite masonry, which includes several different types of material. Minutes June 19, 2007 Wylie Planning and Zoning Board Page 4 of 5 A motion was made by Commissioner Bennett, and seconded by Commissioner Onufreiczuk, to table the amendment to Zoning Ordinance Section 2.5.4 Accessory Buildings until July 3, 2007, and invite Building Official to attend. Motion carried 4 — 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 this proposed amendment is an attempt to bring nonconforming properties into conformance with current regulations. This item was tabled on June 5, 2007 meeting. Ms. 011ie reviewed the revisions in the proposed ordinance and the current ordinance, whether the use is single-family residential or commercial uses. 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 reasonably required for protection of adjacent property and the public health, safety and welfare. Ms. 011ie stated that one of the changes in Article 9.5 Expansion of Nonconforming Uses or Structures. The proposed ordinance eliminates a statement within the current ordinance which allows a percentage expansion. A motion was made by Commissioner Bennett, and seconded by Commissioner Finnell, to recommend approval to City Council to amend in its entirety Article 9 Nonconforming Uses and Structures. Motion carried 4 — 0. ADJOURNMENT A motion was made by Commissioner Onufreiczuk, and seconded by Commissioner Finnell to adjourn the meeting at 9:10p.m. Motion carried 4 — 0. Scott Ames,Vice-Chairman ATTEST: Mary Bradley, Secretary Minutes June 19, 2007 Wylie Planning and Zoning Board Page 5of5 Wylie Planning and Zoning Commission CITY OF WYLIE Minutes Wylie Planning & Zoning Commission Tuesday, July 3, 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 7:00PM stated that a quorum was present. In attendance were: Chairman Larson, Vice-Chairman Ames, Commissioner Bennett, Commissioner Johnston, Commissioner Onufreiczuk, Commissioner Kopchenko, and Commissioner Wright. Commissioner Johnston and Commissioner Bennett were not sworn-in prior to the meeting, therefore, abstained from discussion and voting. Staff members present were Renae 011ie, and Mary Bradley. WELCOME Chairman Larson welcomed new Commissioners Wright, Kopchenko and Johnston, and reappointed Commissioner Bennett to the Commission. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Onufreiczuk gave the invocation and Vice-Chairman Ames led the pledge of allegiance. CITIZENS COMMENTS No one approached the Commissioners. Minutes July 3, 2007 Wylie Planning and Zoning Board Page 1 of 3 CONSENT ITEMS 1. Consider and act upon approval of the Minutes from the June 19, 2007 Regular Meeting. A motion was made by Commissioner Onufreiczuk, and seconded by Vice- Chairman Ames, to approve the minutes from June 19, 2007, regular meeting with no changes or corrections. Motion failed 2 — 0 — 3, with Commissioner Kopchenko, Commissioner Wright and Chairman Larson abstaining. The minutes will be considered at the July 17, 2007 meeting. ACTION AGENDA ITEMS 1. 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. This item was tabled from June 19, 2007, Regular Meeting. Ms. 011ie stated that the item was tabled at the June 19, 2007 Regular Meeting, to allow additional research for wood acceptable products. The Planning Staff had communications with the Building Official regarding prefinished and prefabricated wood as a suitable material. Ms. 011ie also pointed out that under the exterior walls section, the percent of lot area was revised from three percent to two percent of the lot area. Ms. 011ie reviewed the formula as submitted in the packet under the Accessory Building Examples. The type of material for the accessory building is determined by the dwelling size and the lot size. This will allow a property owner to construct an accessory building on a large lot to match the exterior material of the main building, if the accessory building goes over the two percent formula within the ordinance. The only exemption from specifying the type of material the building is constructed out of is a barn, which is allowed on property within an Agricultural District zoning. A barn can be constructed of prefinished/prefabricated wood product. Chairman Larson questioned the sentence under 5.5.a, which states Wood is also allowed only if the building is prefabricated and prefinished. Ms. 011ie stated that the sentence should be "Wood is also allowed only as a prefabricated and prefinished building." Commissioner Onufreiczuk expressed opinion on including flooring within the ordinance, including concrete blocks or concrete slab. Commissioners discussed in detail the purpose of the accessory building, and the various sizes of an accessory building. Minutes July 3, 2007 Wylie Planning and Zoning Board Page 2 of 3 Mr. Samuel Hughey, 1217 E Oak Street, Wylie, spoke in favor of the amendment for accessory buildings, but questioned the formula including the house size and lot size. Chairman Larson explained that the current ordinance does not address the various lot sizes within the City of Wylie, and only addresses size of the actual accessory building. A motion was made by Commissioner Onufreiczuk, and seconded by Commissioner Ames, to approve the amendment to the Accessory Building with clarification that no pressure treated wood is permitted (the building must be prefinished and prefabricated), and that all accessory structures 100 square feet or greater be built on cinder blocks or on a concrete base subflooring. Motion carried 3 — 2. MISCELLANEOUS Ms. 011ie stated that the City of McKinney is hosting a Small Town Planning Workshop on Saturday, July 28, 2007, and encouraged the Commissioners to attend. All Commissioners wishing to attend please let Ms. Mary Bradley know by July 12, 2007. ADJOURNMENT A motion was made by Commissioner Onufreiczuk, and seconded by Commissioner Ames to adjourn the meeting at 7:45p.m. Motion carried 5 — 0. Dennis Larson, Chairman ATTEST: Mary Bradley, Secretary Minutes July 3, 2007 Wylie Planning and Zoning Board Page 3of3 Wylie Planning and Zoning Commission CiTY OF WYLIE AGENDA REPORT Public Hearing Meeting Date: July 17, 2007 Item Number: 1 Department: Planning Prepared By: Charles H. Lee Zoning Case Number: 2007-03 Date Prepared: 06/14/07 Location Map, Exhibit ,Notification List/Map Exhibits: and Responses Subject Hold a Public Hearing and consider a recommendation to the City Council regarding change in zoning from Agricultural (A)to Agricultural/30 (AG/30) District on a five (5) acre parcel generally located east of Kreymer Lane and approximately 350 feet south of Brown Street. (1500 Kreymer Lane) ZC 2007-03 Recommendation Consider a recommendation of approval to the City Council regarding a change in zoning from Agricultural (A)to Agricultural/30 (AG30)District on a five (5) acre parcel, generally located east of Kreymer Lane, approximately 350 feet south of Brown Street. (1500 Kreymer Lane) Discussion Owner: Mr. Terrance Dale Rowe Applicant: Mr. Terrance Dale Rowe The subject property is located at 1500 Kreymer Lane, approximately 350 feet south of Brown Street and totals 5.0 acres. The property is currently zoned Agricultural and being used for agricultural purposes (horses) and an accessory building (barn) occupies the middle portion of the property. The property has gentle terrain, native vegetation including trees and a small pond located on the southwestern portion of the property. There is an existing 150-foot TXU overhead electrical easement along the north portion of the property. Agricultural zoned property is considered a temporary classification, prior to issuance of permits for construction; a permanent zoning category is required. The AG/30 District allows for agricultural uses including raising of animals and providing private stables. In February 2005, the applicant/owner was successful in receiving a variance from Zoning Board of Adjustment to allow for an accessory building (barn) on the property without a main structure. At that time, the owner/applicant revealed to the City his intentions to construct a single family residence on the property. The Comprehensive Plan designates Low Density Residential for the area of this request. Low Density Residential is designed to accommodate residential lots in excess of 1 acre in size. Surrounding properties to the south and east consist of existing mid to low density residential uses. Page 1 of 2 Page 2 of 2 In summary, the request to rezone property from Agricultural to AG/30 is consistent with the City's Comprehensive Plan Land Use Map and does conform to the Comprehensive Plan's philosophy. Notification/Responses: Five (5) notifications were mailed, with three (3) written responses returned favoring the request and no response opposing the request at the time of posting. Approved By Initial Date RO 7/12/07 Department Director L I.I*I. 'I.I # - +" /• i I I 1 I , i I I I CV I X O I i. Distance From West Fence is M3 L,F II i I 1 tri:-..-.4;. { iNstanceFromSoughFenceline is 219LF - i Z i oc Distance From North Fenceis 7 1.J7 ' Distce From'I�]Utility Easement Set Back is 11 1.1* � a Do t. I LA i L 1 1 I l . r: 0 I ► k � i PP I 71 73 .—i , ' I I 0 T. I 1 NOTIFICATION REPORT APPLICANT: Terrence Dale Rowe APPLICATION FILE #2007-03 1 Kreymer reymer Lane Wylie, Texas 7 098 BLK/AB,ST I, LOT/TRACT TAX I.D. # PROPERTY 11 ER TAME A ERE -- Applicant 1500 Kreymer Lane 0 1 Terrence Dale Rowe i 75098 -- -- --—- --- - � , Texas Avalon Alain 4306 Miller Road #A2 Blk A Lot 1 - 13-3 9 - OA-001 -1 DR Horton Texas, Ltd. Rowlett, Texas 75088 Avalon Addn 4306 Miller aaal #A 3 Blk A Lot 2 - 90-O A-0 20-1 DR Horton Texas, Ltd. _ Rowlett, Texas 75088 — ----- - -- Avalon Addn 2000 Highway 78 North4 Blk A Lot 11 - 90- A-0110-1 City of Wylie _ Wylie, Texas 7 09 Avalon Addn 3 Miller Road #A 5 Blk B Lot 1 l - 9 -OOB- 1 -1 DR Horton Texas, Ltd. Rowlett, Texas s 7 088 -— - - — - --Avalon Addn Addn 30 Miller Road #A Blk B Lot 2 f - 90-OOB-0020-1 DR Horton Texas, Ltd _ Rowlett, Texas 75088 Avalon Addn 1311 E. Oak Street 7 Blk B Lot 12 I -8490-DOB- 120-1 Harold Young, Jr. Wylie, Texas 7 098 PO Box 307 O Abst 688-5 Tract 213 P- 33- 0 -213 -1 __ Robert Richard Parker Wylie, Texas 7 098 1500 Kreymer Lane 9 Abst 688-5 Tract 217 l - 3 - -2170-1 Terrence Dale Rowe Wylie, Texas 75098 4306 Miller Road #A 10 Abst 88- Tract 219 f- 6 8-00 -2190-1 DRHorton Texas, Ltd. Rowlett, Texas 7 088 - ----- --- ---- PO Box 127 0 11 Abst 688-5 Tract 220 C- 88-00 -2200-1 Timr-ny Ray Kreymer Blue Ridge,e, Texas 75424 12 13 11 A. 411Ck.;n.511-' -18 -- - FOr _ oL3R , 1 � _, 22 I i,,a i I 1 3 _______ _______ � � + y _______ ______ sea-5 i � Tr 2Iq � A. G88.5 1 - - - I Tr 220 " ' i 11 ! 0 Avalon i Ae6+ 660-5 i •3 2 . i i I � I Tr 2 r7 i —___ --------4 J i 0 i 1 gI:3 I I ! cp MI � Tr 2�3 I _ - -- 1___I 9 10 111 114 W O 1 .. T 1 , , ,s 14 is I I 3a � 3? � -� .._ I if = 2oo ' 1 1 33 zil ! I I ‘. !- L : . . ___. . _ . _1 OWNER NOTIFICATION MAP ZONING CASE #2007-03 PUBLIC COMMENT FORM (Please type or use black irk) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requesteg zoning as explained on the attached public notice forZoning 007 . Case I am AGAMST the requested zoning as explained on the attached public notice for ` Case# 07 _ Zoning Date,Location&Time of Planning g Commission meeting: Tuesday,July 17, 2007.7:00 pm Municipal Complex,26100 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,August 14,2007, pm Municipal Complex,2000 Highway 73 North, Wylie,Texas Name: _ig �� (please print) - Address: O 3 -75-0 signature: Date. - c-zeo--7 COMMENTS: t.'d PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie, Texas 75098 1/1/ _ 1 am the requested zoning as explained on the attached public notice for Zoning Case # 007-03. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case# 007-03. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,July 17, 2007,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, August 14,2007,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie, Texas Name: j ERR EAlcii; (please print) Address: /5oc Kir �fff ��� �., ,�� � �� � ,�:� ()U s C, / ro ,, Signature: ._ Date: COMMENTS: PUCK COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie, Texas 75098 XF I am FOR the requested zoning as explained on the attached public notice for Zoning Case # 07-0 . I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case# 07-0 . Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, July 17, 2007,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie, Texas Date,Location&Time of City Council meeting: Tuesday,August 14,2007,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie, Texas Name: _ -i1 (please prir ) Address: P 0 7 1 Signature: - _ _ Date: 2 2 — —17 COMMENTS: