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05-06-2008 (Planning & Zoning) Agenda Packet • i _4 d 3` r II egular usiness eeting Wylie Planning & Zoning Commission CITY OF WYLIE • 0 - • • • • - Tuesday, May 6, 2008 - 6:30 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 Willie Osborne Board Member Ruthie Wright Board Member Renae 011ie Planning Director 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.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.vvvlietexas.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 iE Announce the presence of a Quorum. INVOCATION & PLEDGE EALLEGIANCE CITIZENS COMMENTS ON NON-AGENDA 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. CONSENT A. Consider and act upon approval of the Minutes from April 15, 2008 Regular Meeting. May 6,2008 Wylie Planning and Zoning Regular Meeting Agenda Page 2 of 2 REGULAR Action Agenda 1. Consider a recommendation to the City Council regarding a Final Plat for Bozman Farm Estates, Phase 2 creating 103 single family residential lots and 3 common areas/open spaces, generally located east of Troy Road and south of Stone Road. Public Hearing 1. Hold a Public Hearing and consider a recommendation to the City Council to amend Ordinance No. 2001-48 to provide for regulations of posting signs on property for zoning changes. ZC 2008-05 ADJOURNMENT CERTIFICATION I cert that this Notice of Meeting was posted on this 2"d day of May, 2008 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 Wylie Planning and Zoning Commission CITY OF WYLIE inutes ylie Planning & ZoningCommission Tuesday, April 15, 2008— 6:30 pm Wylie Municipal Complex—Council Chambers 2000 Highway 78 North CALL TO E Chairman Dennis Larson called the meeting to order at 6:33PM. Those present besides Chairman Larson were, Vice-Chair Scott Ames, Commissioner Ramona Kopchenko, Commissioner Willie Osborne, Commissioner Phillip Johnston, and Commissioner Ruthie Wright. Commissioner Tim Bennett arrived at 6:40PM. Staff present was Renae 011ie, Planning Director, Jasen Haskins, Assistant Planner, and Mary Bradley, Administrative Assistant. INVOCATION & PLEDGE OF ALLEGIANCE Chairman Larson gave the invocation and Commissioner Johnston 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 March 18, 2008, Regular Meeting. A motion was made by Commissioner Johnston, and seconded by Vice-Chair Ames, to approve the minutes from March 18, 2008 Regular Meeting, as submitted. Motion carried 6 — 0. Commissioner Bennett arrived after the vote was taken at 6:40PM. Minutes April 15, 2008 Wylie Planning and Zoning Board Page 1 of 6 REGULAR LAGENDA Action Agenda 1. Consider and act upon approval of a Site Plan for Wylie Point Village. Subject property being generally located on the southeast corner of S.H. 78 and Kreymer Lane. Mr. Haskins stated that the property totals 10.485 acres and consists of two commercial retail lots. The applicant is proposing to construct two single story 22,100 square foot buildings on one lot. The property is zoned Commercial Corridor (CC) District. The Wylie Ranch East residential addition is to the south, and a six-foot solid screen wall will serve as a buffer between the commercial and residential uses. The property was originally platted as Wylie East Ranch Retail Addition, and because the applicant is dividing the lots into two, a replat is on the current agenda for consideration. Commissioner Bennett questioned the contours. Ms. 011ie stated that the Site Plan was originally submitted with contours, and the Plat was too busy to see the building location, parking and landscaping, which is what the Commission is to consider. Commissioner Bennett requested that he receive a copy of the contours, and engineering plans. Ms. 011ie encouraged the Commissioners that once the packet is received and reviewed on Friday, if they have questions regarding the engineering plans to call the City Engineer on Monday. If the questions involve further review and needs to be answered in front of the Commission, Staff can ask the City Engineer to attend the meeting. A motion was made by Commissioner Johnston, and seconded by Commissioner Osborne, to approve the Site Plan for Lot 1 of the Wylie Point Village. The subject property is generally located on the southeast corner of S.H. 78 and Kreymer Lane. Motion carried 7— 0. 2. Consider a recommendation to the City Council regarding a Replat for Wylie Point Village. Subject property being generally located on the southeast corner of S.H. 78 and Kreymer Lane. Mr. Haskins stated that the Site Plan for the Lot 1 was considered on the current agenda. The property totals 10.203 acres and will create two commercial/retail lots. The property is zoned Commercial Corridor (CC) District and was originally plated as "Wylie Ranch East Commercial Park" in October of 1979. The proposed plat consists of lots 1-5 of the eight original lots. The plat dedicates an existing .282 acres of right-of-way for the future expansion of Kreymer Lane. Chairman Larson questioned the expansion of Kreymer Lane. Mr. Haskins stated that the City Engineer would be able to answer. Chairman Minutes April 15, 2008 Wylie Planning and Zoning Board Page 2 of 6 Larson requested that Staff ask City Engineer the definite plans for Kreymer, due to the new development at the corner of Kreymer and S.H. 78. Commissioner Bennett questioned the drainage easement on Lot 1, due to Lot 2 draining onto Lot 1. Maria Bonilla, Winkelman and Associates, 5750 Hillcrest Plaza, Suite 100, Dallas, represented the architect for the subject property, stated that the final drainage is not complete. The Site Plan shows the drainage easement as a layout, and when the water drainage is complete, the Plat will be filed with all the easements. A motion was made by Commissioner Johnston, and seconded by Vice-Chair Ames, to recommend approval for the Replat Wylie Point Village, creating two commercial/retail lots. The subject property being generally located on the southeast corner of S.H. 78 and Kreymer Lane. Motion carried 7— 0. 3. Consider and act upon approval of a Site Plan for Regency Business Park Addition Phase 1, Lot 6, Block B for 6,500 s.f. office/warehouse development. Mr. Haskins stated in December 2006, the Site Plan was approved, however, the project was not started and the Site Plan has since expired. The Zoning Ordinance states that a Site Plan expires after six months if no work on the project is started. The applicant is resubmitting the same plan for your consideration. The applicant is proposing to develop a single story office/warehouse building on one lot. Chairman Larson expressed concern for outside storage and the type of user. Ms. 011ie stated that upon review for a Certificate of Occupancy, Fire, Building Inspections, Engineering and Planning all review the Certificate of Occupancy to confirm the use is allowed within the Light Industrial District for the property. A motion was made by Vice-Chair Ames, and seconded by Commissioner Johnston, to approve the Site Plan for Regency Business Park Addition Phase 1, for 6,500 square foot office/warehouse development. The subject property is located 101 Regency Drive, Lot 6, Block B of Regency Business Park Addition Phase 1. Motion carried 7 — 0. 4. Consider a recommendation to the City Council regarding a Preliminary Plat creating twenty-seven (27) residential lots on 7.0 acres, generally located east of S. Ballard, south of Martin Drive and south of the Twin Lakes Subdivision Phase I. Chairman Larson stated that a letter was received by the applicant requesting the item to be tabled to May 20, 2008 regular meeting. Minutes April 15, 2008 Wylie Planning and Zoning Board Page 3 of 6 A motion was made by Commissioner Johnston, and seconded by Vice-Chair Ames, to table the Preliminary Plat for Southbrook Phase III to the May 20, 2008, Regular Meeting. Motion carried 7 — 0. Public Hearing 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Commercial Corridor (CC) District to Planned Development-Commercial Corridor (PD- CC) District, generally located north of FM 544 and east of McCreary Road. ZC2008-04 Ms. 011ie stated that the item is for a Planned Development District with Commercial Corridor uses. The applicant is requesting the change of zoning to allow for flexibility in the parking requirements. The current CC zoning requires parking for retail uses at one space per 200 square feet of gross floor area; parking for a restaurant establishment is one space per every three seats under maximum seating arrangement. The PD as proposed would allow for parking to be based on five spaces per 1,000 square feet of gross floor area (1:200) regardless of the use. The PD also restricts some land uses currently allowed under the CC Districts. The retail center is approximately 12,015 square feet on 1.24 acres with 63 total parking spaces. The applicant states that the flexibility would allow them to invite a wide variety of tenants and will allow them the ability to lease the shopping center to a larger restaurant (s) and other food service tenants than would otherwise be allowed. The applicant proposes to prohibit the following land uses: Hotel or Motel, Mortuary or Funeral Home, Automobile Repair, Major, Automobile Repair, Minor, Car Wash, Motor Vehicle Fueling Station, Pawn Shop and Vehicle Display, Sales or Service. Staff recommends the following stipulations be prohibited as well: Animal Boarding/Kennel with Outside Pens, Animal Boarding/Kennel without Outside Pens; Automobile Rental; Contractor's Maintenance Yard; and Restaurants shall occupy no more than 6,000 total square feet of the entire center. The parking ratio for the entire center would be one space per 200 square feet of gross floor area, regardless of the user. Ms. 011ie distributed the comment from Sam Satterwhite, Wylie Economic Development Director, which responded neutrally for the zoning requests, and gave the history of the development. The structure was developed by Kinsman Ventures with a focus on office development. The current applicant, Greenway Investment Company has shown a significant interest for a mixed use development of office, retail, restaurant, and other service industry concepts. Minutes April 15, 2008 Wylie Planning and Zoning Board Page 4 of 6 Commissioner Johnston expressed concern for a restaurant with drive through capability and the square footage required for that type of user. He recommended prohibiting Restaurant with drive through capability. All the Commissioners were in consensus of the recommendation. Mr. Mark Hardaway, 2808 Fairmount, Dallas, Texas, represented the applicant, stated that the major component within the retail center would be a restaurant, and would draw the daily traffic to the center. Obtaining additional land from the adjacent property owners is virtually impossible, either by shared parking agreement or purchasing additional land for parking. Chairman Larson opened the Public Hearing. With no one approaching the Commissioners, Chairman Larson closed the Public Hearing. A motion was made by Vice-Chair Ames, and Commissioner Johnston, to recommend approval to the City Council for a change in zoning from Commercial Corridor to Planned Development-Commercial Corridor District, with stipulations that the following uses be added to be prohibited within the Planned Development Conditions: Animal Boarding/Kennel with Outside Pens; Animal Boarding/Kennel without Outside Pens; Automobile Rental; Contractor's Maintenance Yard; Restaurants with Drive Through, and Restaurants shall occupy no more than 6,000 total square foot of the entire center. The parking ratio for the entire center would be one space per 200 square feet of gross floor area, regardless of the user. Property generally located north of FM 544 and east of McCrary Road. ZC 2008 04. Motion carried 7 — 0. Discussion 1. Discussion regarding an amendment to Ordinance No. 2001-48 to provide for regulations of posting signs on property for zoning changes. Ms. 011ie stated that prior to the 2001 Zoning Ordinance amendment, Section 35 was revised by Ordinance 98-23 to include requiring applicants to post signs on the subject property indicating a proposed zoning change. This is the item that the Commissioners requested to look at, and based on the brief discussion at the last meeting, the modifications was inserted into the attached draft Ordinance. Staff is requesting direction from the Commissioners to advertise for a public hearing, and discuss additional amendments. The Commissioners recommended amending item J to include notification to the Police Department as well as Planning Department; and deleting lost; stating that the Planning Department shall monitor if the posting requirements are in compliance. The Commissioners agreed to charge $100.00 if the sign is not returned. Minutes April 15,2008 Wylie Planning and Zoning Board Page 5 of 6 Commissioner Kopchenko requested the Ordinance number that prohibits anyone to remove, destroy, deface or obstruct a sign. Ms. 011ie stated that staff would research to reveal if this is within the Sign Ordinance or City Code. ADJOURNMENT A motion was made by Commissioner Johnston, and seconded by Commissioner Kopchenko to adjourn the meeting at 7:40 p.m. All Commissioners were in consensus. Dennis Larson,Chairman ATTEST: Mary Bradley,Administrative Assistant Minutes April 15, 2008 Wylie Planning and Zoning Board Page 6 of 6 Wylie Planning and Zoning Commission CITY OF WYLIE Meeting Date: May 6, 2008 Item Number: 1 Department: Planning Prepared By: Renae 011ie Subdivision: Bozman Farm Estates, Phase 2 Date Prepared: 04/22/08 Zoning District: PD2002-52 Exhibits: Final Plat, Lot Split Summary Subject Consider a recommendation to the City Council regarding a Final Plat for Bozman Farm Estates, Phase 2 creating 103 single family residential lots and 3 common areas/open spaces, generally located east of Troy Road and south of Stone Road. Recommendation Motion to recommend approval to City Council for a Final Plat establishing 103 single family residential lots and 3 common areas/open spaces, generally located east of Troy Road and south of Stone Road. Discussion The property totals 27.546 acres and creates one hundred and three (103) single family residential lots and three common areas/open spaces to be owned and maintained by the Homeowners Association. The subject property is part of the larger Bozman Farms Planned Development (PD 2002-52) District, which consist of Single-Family residential of varying densities, a Multifamily component, neighborhood retail,possible school site and common open spaces. The Concept Plan approved by the City Council as part of the original Planned Development(PD 2001-51) on December 11, 2001 serves as an approved Preliminary Plat. An amendment to Planned Development PD 2001-51 was approved by the City Council on December 10, 2002 thus changing the ordinance number to PD 2002-21. Ordinance 2002-52 was approved by Council on December 10, 2002 to amend PD 2002-21 to eliminate the front garage offset. The subject development will comply with all of the applicable requirements set forth in the conditions of PD 2002-52. The plat will establish the boundaries for 103 residential lots and dedicates several utility easements throughout the property. A 30' drainage easement runs west to east along the northern lots tapering to a 25' drainage easement at the rear property line of lots within Block A. An eighty (80) foot pipeline easement occupies the southern boundary of the subdivision. Designated access points into the subdivision will be from Troy Road to the west and from Saddle Ridge Drive to the southeast. In conjunction with the development of Phase2,trails,park benches and lighting will be completed. The Final Plat complies with all applicable technical requirements of the City of Wylie and substantially conforms to the approved Conditions of the Planned Development District. 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REN0ONS DURING PUN RENEW or DATE ...+..Noo..-nora.con .°'°' City of Wylie, Collin County, Texas �' Wylie Planning and Zoning CITY OF WYLIE Co fission Meeting Date: May 6,2008 Item Number: 1 Department: Planning Prepared By: Renae' 011ie Zoning Case No: ZC 2008-05 Date Prepared: April 18,2008 Exhibits: Draft Sign Ordinance Subject Hold a Public Hearing and consider a recommendation to the City Council to amend Ordinance No. 2001-48 to provide for regulations of posting signs on property for zoning changes. Recommendation Motion to recommend approval to the City Council to amend Ordinance No. 2001-48 to provide for regulations of posting signs on property for zoning changes. Discussion Prior to the 2001 Zoning Ordinance amendment, Section 35 was revised by Ordinance 98-23 to include requiring applicants to post signs on the subject property indicating a proposed zoning change. However, with the adoption of Zoning Ordinance No. 2001-48 this provision was repealed. At the direction of the Commission, staff has drafted an ordinance that will provide regulations for posting proposed zoning change signs on the property in question. The attached Ordinance is language from the previously approved regulations with modifications. The proposed amendment will require the posting of City provided signs that all applicants seeking a zoning change must place on the subject property within 15 days prior to the hearing of such zoning request by the Planning and Zoning Commission. Placement of such signs shall be in accordance with the adopted ordinance. The proposed ordinance will require placement at the first three hundred (300) feet of each street frontage and one sign for each additional one thousand(1,000)feet of street frontage. In addition, a fee of one hundred and no/dollars ($100.00) would be assed to applicants that do not return the sign to the Planning Department within 10 days after City Council has taken action of the zoning change or the request is withdrawn by the applicant. Adoption of the proposed ordinance will ensure that the pubic is aware of proposed zoning changes. The attached Ordinance if adopted would amend the Comprehensive Zoning Ordinance No. 2001-48 by adding Section 8.1.A.3. Posting property for zoning changes, which provides for regulations of posting signs on property for zoning changes. Approved By Initial Date Department Director RO 04/22/08 Page 1 of 1 DRAFT Section 8.1 ZONING RELATED APPLICATIONS A. General 3. Posting property for zoning changes. Any person, firm or corporation requesting a change in zoning from one district classification to another district classification shall be required to place and maintain a sign or signs, provided by the Planning Department, upon the property for which a change in zoning has been requested, which sign or signs shall be located as follows: a. One sign for the first three hundred (300) feet of each street frontage and one sign for each additional one thousand(1,000) feet of street frontage, shall be located within thirty (30)feet of the abutting street, or as determined by the Director of the Planning Department or his/her designee. b. So as to be clearly visible and readable from the public right-of-way and not obstructed in any manner. c. So as not to create a hazard to traffic on the public rights-of-way abutting the property. d. On the subject property at least fifteen (15) days prior to the hearing of such zoning request by the Planning and Zoning Commission, and to remain continuously on said property until final action by the City Council or withdrawal of the case by the applicant. Removal of the sign by the applicant after a recommendation by the Planning and Zoning Commission shall constitute a withdrawal of the request. e. The signs, caused to be placed by the Planning Department shall be of a size, type, and message content as determined by the Director of the Planning Department but shall advise that rezoning is requested and shall list the telephone number of the Department of Planning for more information. f. Upon making an application for a zoning change, the Applicant will place sign(s) provided by the Planning Department as required by this section. After the zoning change is approved in final form by the City Council, denied by the City Council, or withdrawn by the applicant,the Applicant shall return the sign to the Planning Department within ten(10)days of such event. g. It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a sign which gives notice that a rezoning has been requested. h. In the event the applicant shall fail to place or maintain signs in accordance with Section 8.1.A.3, then the public hearing(s) before either the Planning and Zoning Commission or the City Council, shall be postponed to a date in the future which would allow time for compliance. i. The erection of any sign required by this section shall not require a permit under the city sign ordinance. j. The owner or applicant shall promptly notify the Planning Department to replace any sign required by this ordinance which becomes stolen or vandalized and a police report must be filed. The Planning shall have the power to decide whether or not there has been substantial compliance with the posting requirements in the case of stolen or vandalized signs. k. Failure to return the sign in accordance with this Ordinance shall result in a fee of$100.00 charged to the applicant. No building permit or certificate of occupancy will be issued until all fees have been satisfied. May 1, 2008 To: P&Z Commissioner From: Renae' 011ie, Director of Planning' In response to Commissioner Kopchenko's question regarding the Ordinance number that prohibits anyone from removing, destroying, defacing or obstructing a sign, the current Zoning Ordinance has a clause of Penalty of Violation. Therefore, by adopting a sign ordinance stating that it shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a sign which gives notice that a rezoning has been requested, becomes the law enforceable by Ordinance 2001-48, Article 1, Section 1.5. SECTION 1.5 ENFORCEMENT B. Penalty for Violation 1. Any person or corporation who violates any of the provisions of this ordinance or fails to comply with any of the requirements, or builds or alters any building or use in violation of any detailed statement or plan submitted and approved is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than 2000 dollars and each day such violation shall be permitted to exist shall constitute a separate offense. 2. The owner or owners of any building or premises or part thereof, where anything in violation of this ordinance is placed, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall be guilty of a separate offense and upon conviction shall be fined as provided above. 3. A person commits an offense if he owns, uses or controls a premises and fails to comply with any of the provisions of this ordinance. 4. It is a defense to prosecution under this ordinance that a person is in compliance with an order of the Board of Adjustment that specifically authorizes otherwise unlawful conduct under this ordinance. E. Enforcement Authority The provisions in this ordinance may be enforced by the Director, the Building Official, or any other designated representative of the City.