03-04-2008 (Planning & Zoning) Minutes Wylie Planning and Zoning
Commission
CITY OF WYLIE
Minutes
Wylie Planning & Zoning Commission
Tuesday, March 4, 2008—7:00 pm
Wylie Municipal Complex— Council Chambers
2000 Highway 78 North
CALL TO ORDER
Chairman Dennis Larson announced that a quorum was present and called the
meeting to order at 7:05PM. Those present besides Chairman Larson were,
Vice-Chair Scott Ames, Commissioner Ramona Kopchenko, Commissioner Willie
Osborne, Commissioner Phillip Johnston, and Commissioner Tim Bennett.
Commissioner Ruthie Wright was absent.
Staff present was Renae 011ie, Planning Director, Jasen Haskins, Assistant
Planner, and Mary Bradley, Administrative Assistant.
WELCOME NEW COMMISSIONER
Chairman Larson and all Commissioners welcomed new Commissioner Willie
Osborne.
INVOCATION & PLEDGE OF ALLEGIANCE
Commissioner Ames gave the invocation and Commissioner Kopchenko led the
pledge of allegiance.
CITIZENS COMMENTS
Chairman Larson opened the Citizens Participation. No one approached the
Commissioners; Chairman Larson closed the Citizens Participation.
CONSENT ITEMS
1. Consider and act upon approval of the Minutes from the February
19, 2008, Regular Meeting.
Minutes March 4,2008
Wylie Planning and Zoning Board
Page 1 of 5
A motion was made by Commissioner Johnston, and seconded by Vice-Chair
Ames, to approve the minutes from February 19, 2008 Regular Meeting, as
submitted. Motion carried 6 —0.
REGULAR AGENDA
Action Agenda
1. Consider and act upon approval of a Site Plan for Premier Plaza,
Lot 1 R Block A for a 60,000 square foot building, generally located
South of SH 78 and north of Alanis on Martinez.
Mr. Haskins stated that the applicant is proposing to develop a 60,000 square
foot building for light industrial use on 3.87 acres. The property is located at
1415 Martinez Lane between Alanis and State Highway 78.
The property is zoned Light Industrial District and a Replat is on the current
agenda for consideration.
The property is current owned by the Wylie Economic Development Corporation
(WEDC). WEDC is assisting the applicant Savage Precision Fabrication, Inc. to
move from their current location in Downtown Wylie to the proposed property.
With no questions for the engineer/developer a motion was made by
Commissioner Johnston and seconded by Vice-Chair Ames, to approve the Site
Plan for Premier Plaza, Lot 1 R, Block A, property located at 1415 Martinez Lane.
Motion carried 6 — 0.
2. Consider a recommendation to City Council regarding a Replat of
Lots 1 and 2 of Premier Plaza, generally located South of SH 78
and north of Alanis on Martinez.
Mr. Haskins stated that the original Final Plat was filed in March of 2007. The
purpose of the replat is to develop a 60,000 square foot building for light
industrial use on the new lot 1 R which will be approximately 3.87. The property
is generally located south of SH 78 and north of Alanis on Martinez.
The property is zoned Light Industrial (LI) and a Site Plan for Lot 1 R is on the
current agenda for consideration.
Chairman Larson questioned how large the developable area on the property.
Randy Helmberger, Helmberger and Associates, 1525 Bozman Road, Wylie,
represented engineer/developer for the property, stated that the total property is
approximately 20 acres. However, a portion is within the flood plain and is in the
process of being pulled out of the flood plain by the Federal Emergency
Management Agency. The TP&L utility easement that is located within the
center of the property has been rerouted to the rear of the property and will be
4RAYM abandoned. The whole purpose of the replat was for development of Lot 1 R,
and starts the process for removing a portion out of the flood plain.
Minutes March 4, 2008
Wylie Planning and Zoning Board
Page 2 of 5
A motion was made by Commissioner Bennett, and seconded by Vice-Chair
Ames, to recommend approval to the City Council for a Replat of Lots 1 and 2 of
Premier Plaza. Subject property being generally located south of SH 78 and
north of Alanis on Martinez. Motion carried 6 —O.
Public Hearing
1. Hold a public hearing and consider a recommendation to City
Council regarding the rezoning from Community Retail (CR) to
Commercial Corridor (CC), property located at 400 Alanis,
generally located on the south side of Alanis and west of Ballard
Avenue. ZC 2008-02.
Mr. Haskins stated that the applicant is requesting a zoning change from
Community Retail to Commercial Corridor to accommodate a Landscaping
Company. The proposed use, Contractor's Maintenance Yard Wholesale,
is allowed by right within Commercial Corridor.
The Comprehensive Plan calls for this property to be developed as a low-
density residential area. However, as both South Ballard and Alanis are
major arterials Commercial Corridor zoning for the parcel of land is
consistent with proposed zoning and planning practices.
Nine notification forms were mailed out within the 200 foot buffer, and one
response was returned in favor of the request.
Chairman Larson questioned what building was on the property. Mr.
Haskins stated that the building is a 4,000 square foot two-story building,
resembles a residence. The building will be demolished once the zoning
request is approved.
Chairman Larson opened the Public Hearing.
Mr. Daniel Stewart, 228 Zachary Walk, Murphy, Texas, represented the
developer/applicant for the property, stated that he has owned the
landscaping business since 1993. Mr. Stewart stated that it is his desire to
relocate his current business in Plano to Wylie.
The Commissioners questioned if the bays would be enclosed. Mr.
Stewart stated that the new constructed building would be open shop with
possibly three bay doors, that would only be opened in the morning and
evening. The proposed covered parking would allow for future expansion
as the business grows.
Additional landscaping will be installed along the northern property line to
serve as a buffer between the road and the bays.
Minutes March 4, 2008
Wylie Planning and Zoning Board
Page 3 of 5
Ms. Frances Campbell, 6006 Pleasant Valley Road, Wylie, owner of the
property, spoke in favor of the proposed request.
Chairman Larson closed the Public Hearing.
A motion was made by Commissioner Johnston, and seconded by
Commissioner Osborne, to recommend approval to the City Council
regarding a change in zoning from Community Retail to Commercial
Corridor on two lots generally located south of Alanis and west of Ballard
Avenue, 400 Alanis Drive. Zoning Case 2008-02. Motion carried 6 — 0.
Action Agenda
3. Consider and act upon adoption of the Planning and Zoning
Commission Rules of Procedure and change the start time of
regularly scheduled Planning and Zoning Commission meetings
from 7:00 p.m. to 6:30 p.m.
Ms. 011ie requested that the Commission table the Rules of Procedure
until March 18, 2008, with the packet not including the document.
A motion was made by Commissioner Osborne, and seconded by
Commissioner Kopchenko, to change the start time from 7:00 p.m. to 6:30
p.m. Motion carried 6 — 0.
MISCELLANEOUS
Chairman Larson presented to the Commissioners a request to Staff to amend
the Zoning Ordinance to require that signs be posted on the subject property
when a public hearing is required. Ms. 011ie stated that staff will begin the
process on revising the Zoning Ordinance, and preparing for a public hearing to
be held in April to consider the amendment.
Commissioner Johnston presented to the Commissioners to review the required
size of sidewalks within the Commercial Corridor District from 4.5 feet to 6 feet
wide.
Commissioner Johnston also presented to the Commissioners to review requiring
sidewalks within the Light Industrial and Heavy Industrial Districts.
Ms. 011ie stated that staff will research and get back with the Commissioners.
Minutes March 4,2008
Wylie Planning and Zoning Board
Page 4 of 5
ADJOURNMENT
A motion was made by Commissioner Johnston, and seconded by Vice-Chair
Ames to adjourn the meeting at 7:30 p.m. All Commissioners were in
consensus.
Dennis Larson,Chairman
ATTEST:
Ma Bra y,Administrativ ssistant
iJ
Minutes March 4,2008
Wylie Planning and Zoning Board
Page 5 of 5
CITY OF WYLIE, TEXAS
PLANNING AND ZONING COMMISSION
RULES OF PROCEDURE
1.0 Statement
1.0 It is hereby declared that appointment to the Planning and Zoning
Commission is a distinct honor and the trust imposed in the
appointee involves the corresponding obligation of the appointee to
serve the community by regular attendance and participation in the
proceedings of the body.
2.0 Creation and Membership
2.1 The Commission is created by Wylie Ordinance 79-26 and serves
at the will of the City Council.
2.2 The Planning and Zoning Commission shall consist of seven (7)
regular members who will serve for terms of two (2) years. The
members will be resident citizens, taxpayers and qualified voters of
the City.
2.3 The Commissioners are required to complete Open Meetings Act
and receive Certificate of Completion by the first ninety (90) days of
first year appointment. This may be taken online via Office of
Attorney General's website (www. oag.state.tx.us). Effective
January 1, 2006, elected and appointed public officials are
required by a new state law to receive training in Texas open
government laws. The Office of the Attorney General offers free
video training courses, which were developed in compliance with a
mandate from the 79th Texas Legislature that the Attorney General
establish the formal training necessary to ensure that all elected
and appointed government officials have a good command of both
open records and open meetings laws.
3.0 Officers
3.1 The Commission shall select from among its members in the first
meeting in July (and at such other times as these offices may
become vacant), a Chairperson and Vice-Chairperson to serve for
a period of one (1) year.
3.2 In the absence of both the Chairperson and Vice-Chairperson, the
Commission shall elect an Acting Chairperson.
4.0 Officers Duties
4.1 The Chairperson shall preside over all meetings and briefing
sessions, and perform all duties as required by law.
4.2 The Vice-Chairperson shall assume all duties of the Chairperson in
the absence of the Chairperson.
5.0 Powers and Duties of the Commission
5.1 The Planning and Zoning Commission shall make
recommendations to the City Council on all questions concerning
the overall development and environment of the City,
Comprehensive Plan amendments, Thoroughfare Plan
amendments, Zoning, Specific Use Permits, and Planned
Developments.
5.2 The Commission shall perform all duties as prescribed by State
statutes and the City's Subdivision Ordinance concerning plats.
The City Council has final authority in these matters, but should
seek recommendations from the Planning and Zoning Commission
prior to making final decisions.
5.3 The Commission shall recommend to the City Council for adoption
of a Master Plan as a whole or in parts, for the future development
and redevelopment of the City and its environs, and will be
expected to recommend changes in the Master Plan from time to
time, which will facilitate the movement of people and goods,
promote the health, recreation, safety, and general welfare of the
citizens of Wylie.
5.4 The Commission should study and make recommendations to the
City Council as to the general design and location of public
buildings, bridges, viaducts, street fixtures, and other structures and
appurtenances.
5.5 The Commission should initiate, in the name of the City, all
proposals for consideration at Public Hearings involving the
opening or closing of public rights-of-way, parks, and other public
places, both existing and planned, the permanent zoning of
annexed areas; the changing of zoning district boundaries on an
area-wide basis.
5.6 The Commission shall perform all other duties as the City Council
may direct.
6.0 Rules of Order
6.1 The Chairperson shall rule on all points of order.
A. Show respect at all times.
B. Listen to understand.
C. Be civil.
D. Be empathetic.
E. Control your anger.
F. Disagree without being disagreeable.
G. Be kind and courteous to everyone.
H. Speak softly so all can hear you.
I. Saving face is important. (If you win in a dispute, don't
embarrass your opponent, but allow him to save face.)
J. Have a good attitude. It's more important than aptitude.
6.2 The Commission may overrule the Chairperson on points of order
by a two-thirds (2/3) vote of members present.
6.3 Any provision of these rules not governed by City Ordinance may
be temporarily suspended by a favorable two-thirds (2/3) vote of all
members of the Commission, which vote shall be entered upon the
minutes.
7.0 Quorum
7.1 A quorum shall consist of four (4) members.
7.2 No matters may be handled without the presence of a quorum.
7.3 All votes shall be by a majority of members present, except as
otherwise stated in these rules of procedure.
8.0 Agendas
8.1 An agenda shall be prepared by the Director of Planning or his/her
designee for each meeting of the Planning and Zoning
Commission. There shall be attached to each agenda, a report of
matters pending further action by the Commission. A copy of the
agenda shall be posted in the Municipal Complex as required by
law for a period of seventy-two (72) hours, as well as on the
website.
8.2 All regular and special meetings shall follow, as closely as possible,
the printed agenda.
8.3 Agendas may be amended by the Chairperson as to order of items,
but not as to content, unless overruled by a majority of the
members present.
9.0 Minutes of Meetings
9.1 Minutes of all regular and special meetings shall be kept by the
Secretary, designated by the Director of Planning, and are subject
to amendment and ratification by the Commission at a regular
meeting.
9.2 The minutes of the Commission's proceeding shall show the overall
vote, or if absent or failing to vote, shall reflect that fact.
10.0 Regular Meetings
10.1 The Commission shall meet on the first and third Tuesday of each
month at 6:30 pm in the Council Chambers of the Wylie Municipal
Complex, unless noted otherwise. All meetings shall be open to
the public, and the public is encouraged to attend.
10.2 Any Commission member missing three (3) consecutive regularly
scheduled meetings without prior notification to Staff and/or a valid
excuse, which includes illness, death in the family, or emergency
shall be subjected to dismissal from the Commission.
10.3 Under special circumstances the Commission may reschedule
regular meeting dates subject to ratification by the City Council.
The new dates should be announced at a regularly scheduled
meeting, and agendas posted accordingly.
10.4 All regular meetings shall, as closely as possible, follow the posted
agenda. The agenda should include, but is not limited to the
following:
A. Ratification of Minutes;
B. Consent agenda (routine items);
C. Items for individual consideration;
D. Breaks at the discretion of the Chairperson;
E. Citizens' participation on items not on the agenda (5 minutes
maximum);
F. Commissioners' comments on items not on the agenda.
11.0 Special Meetings
11.1 Special meetings may be called by the Chairperson, or at the
request of two (2) or more members, or may be scheduled by a
majority of the Commission at any previous meeting. The time and
place of the special meeting shall be determined by the convening
authority.
11.2 All members must be notified of any special meeting by giving
written notice to all members deposited in the mail at least ninety-
six (96) hours before the meeting, and the notice must specify the
purpose of the meeting.
11.3 Special meetings must be posted in accordance with the open
meetings act.
12.0 Planning Sessions
12.1 The Commission may be convened as a committee of the whole in
the same manner as prescribed for the calling of a special meeting
for the purpose of holding a planning session, provided that no
official business shall be conducted thereat and no quorum shall be
required.
13.0 Public Hearings
13.1 Conduct of public hearings will follow the general guidelines listed
below and as outlined in Section 14 Addressing the Commission:
A. Introduction of agenda item by the Chairperson;
B. Report by the Director of Planning or designee;
C. A maximum 30 minute presentation including rebuttal by the
applicant;
D. Opening of public hearing by the Chairperson;
E. Comments from organized groups and individuals favoring the
issue of the public hearing, individual comments should not
exceed 3 minutes.
F. Comments from organized groups and individuals in opposition
to the issue of the public hearing; individual comments should
not exceed 3 minutes;
G. Rebuttal by the applicant;
H. Questioning by the Commissioners of the applicant and
audience members who addressed the Commission. The time
used to answer Commission questions will not deduct from the
30 minute allotment;
I. Close public hearing;
J. Commission query of Staff;
K. Commission action pertaining to the issue of the public hearing.
13.2 During a public hearing, speakers comments will be limited to 3
minutes unless additional minutes from audience are allotted to that
person as a representative of a group, but the overall allotted time
length shall not exceed 30 minutes as set forth in Section 13.1.
13.3 All meetings shall be held in full compliance with the provision of
state law, ordinances of the City and these rules of procedure.
14.0 Addressing the Commission
14.1 Persons desiring to address the Commission shall complete
"Request to Speak" cards and submit the cards to a Staff member.
14.2 Staff will sort the speaker cards by agenda item and deliver them to
the Chairperson.
14.3 The Chairperson will refer to the speaker cards for individual
agenda item comments, public hearing comments and comments
on items not on the printed agenda.
14.4 Persons who note on a speaker card their desire to address the
Commission will be called to the podium by the Chairperson at the
appropriate time and will follow the guidelines below when
addressing the Commission:
A. Approach the podium, state their name and address and
whether or not they are representing a person or organization;
B. Speak so that all present in the room may hear clearly;
C. Address all statements and questions to the Chairperson;
D. Be courteous in language and deportment;
E. Limit their comments to 3 minutes.
F. Be concise in their Comments;
G. Listen before judging — avoid assuming decision or interpreting
the question.
H. Focus on the issue; not on the person;
I. Decide on what is "Best" for City.
14.5 Persons addressing the Commission during a public hearing will
follow the public hearing guidelines noted in Section 13.
14.6 The Chairperson will read into the record the names of persons
who filled out a speaker card in support of or in opposition to an
agenda item but did not wish to address the Commission.
14.7 The Chairperson may interrupt an individual to redirect or terminate
remarks when they are not relevant to the matter before the
Commission, or when the Chairperson determines the remarks to
be out of order.
15.0 Evidence
15.1 Only relevant evidence and testimony will be received.
15.2 Petitions and other physical evidence should be submitted to the
Chairman of the Commission. Normally petitions will not be read in
full into the record, but will be noted into the record.
15.3 Ex Parte Communications
❖ Any Commissioner having new factual information regarding
regular meeting or briefing session agenda items shall make
that information known to all Commission members.
❖ Commissioners shall not make voting commitments prior to
hearing all submitted evidence regarding regular meeting
agenda items.
16.0 City Staff Responsibilities
16.1 The Planning Director or designee shall be responsible for
providing the Commission with the necessary professional,
technical, and clerical services, among which, shall be the
following:
A. Prepare and submit agenda, Staff reports from various
departments, and any special projects as directed by the
Chairperson;
B. Administrative duties;
C. To the extent necessary, introduce and factually explain each
item on the agenda;
D. Coordinate the services of all City Staff and other sources of
public information for and on behalf of the Commission;
E. Keep a true copy of all Commission proceedings;
F. Have custody and maintain all Commission records;
G. Give and serve all notices required for public hearings;
H. Attend to all official correspondence and communications to and
of the Commission.
17.0 Written Request Required
17.1 Every proposal submitted for Commission action shall be made in
writing. Where appropriate, application forms are provided by the
City. The proposal shall be filed on said forms, shall be
accompanied by all prescribed fees, and shall be complete in all
respects before being accepted for filing.
18.0 Conflict of Interest Rules
18.1 Conflict of Interest. Should any member of the Commission feel
he/she has a conflict of interest with an agenda item before the
Commission, he/she should openly declare same before discussion
proceeds and he/she is thereby prohibited from discussing the item
or voting on the question.
18.2 Abstention. Should any member of the Commission choose to
abstain from voting on any question before the Commission, where
no declared conflict of interest exists, his/her vote shall be recorded
as an affirmative vote in the official minutes of the City of Wylie.
19.0 Motions
19.1 A motion may be made by any member.
19.2 A motion to approve any matter before the Commission or to
recommend approval of any request requiring Council action shall
require a majority favorable vote of the members present. When
fewer than all the members are present for the voting and when all
motions to recommend on a given application fail to carry by a
majority vote, consideration of the application shall be continued to
the next regular meeting only upon motion carried by a majority of
those present. Further, no request or application shall be continued
under this rule beyond the next regular meeting. Failure of the
Commission to secure a majority concurring vote to approve or
recommend approval at said next regular meeting shall be recorded
in the minutes as a denial of the proposal under this rule.
20.0 Repealing Clause
20.1 All previously adopted Rules of Procedure of the Planning and
Zoning Commission shall be and the same are hereby expressly
repealed.
21.0 Suspension of Rules of Procedure
21.0 Any one or all of these rules of procedure may be suspended in
order to allow a particular consideration of a matter, provided that it
does not violate the state law or home rule charter, and provided
that not less than two-thirds Commissioners vote in favor of such
suspension. Where any rule embodies a provision of state law,
identically or in substance, such rule may not be suspended.
PASSED AND APPROVED BY THE PLANNING AND NING COMMISSION
OF THE CITY OF WYLIE this L4m day of co..r/tA2008.
1(
Dennis Larson, Chairman
Scott Ames, Vice-Chairman
FiI in the Office of the City Secretary this /e;:; ` day of
�?z , 2008.
1
C ro hrlich, i3 cretary
City of Wylie, Te as