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07-15-2008 (Planning & Zoning) Minutes Wylie Planning and Zoning Commission CITY OF WYLIE Minutes Wylie Planning & Zoning Commission Tuesday, July 15, 2008 — 6:30 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Chairman Dennis Larson called the meeting to order at 6:35PM. Those present besides Chairman Larson were, Commissioner John Manganilla, Commissioner Phillip Johnston, Commissioner Tim Bennett, Commissioner Ramona Kopchenko, Commissioner Ruthie Wright and Commissioner Willie Osborne. All the Commissioners welcomed new Commissioner John Manganilla. 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. ELECTION OF CHAIR AND VICE CHAIR A nomination was made by Commissioner Kopchenko, and seconded by Commissioner Johnston, to elect Dennis Larson as the Chairman for Planning and Zoning Commission 2008. A vote was taken and carried 7—0. A nomination was made by Commissioner Kopchenko, and seconded by Commissioner Osborne, to elect Phillip Johnston as the Vice Chair for Planning and Zoning Commission 2008. A vote was taken and carried 7—0. CITIZENS COMMENTS Chairman Larson opened the Citizens Participation. No one approached the Commissioners; Chairman Larson closed the Citizens Participation. Minutes July 15,2008 Wylie Planning and Zoning Board Page 1 of 7 CONSENT ITEMS 1. Consider and act upon approval of the Minutes from the June 17, 2008, Regular Meeting. A motion was made by Vice-Chair Johnston, and seconded by Commissioner Wright, to approve the minutes from June 17, 2008 Regular Meeting, as submitted. Motion carried 6—0, with Commissioner Manganilla abstaining. REGULAR AGENDA Action Agenda 1. Consider a recommendation to the City Council regarding a Preliminary Plat for Southbrook Phase III, 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 the applicant submitted a request to withdraw the request for consideration of a Preliminary Plat for Southbrook Phase III. A motion was made by Vice-Chair Johnston, and seconded by Commissioner Wright, to accept the withdrawal regarding a Preliminary Plat for Southbrook Phase III, until a development agreement is made. Motion carried 7—0. 2. Consider and act upon approval of a Site Plan for Burger King/Popeye's. Subject property being generally located on the northeast corner of FM544 and Commerce Drive. Mr. Haskins stated that the applicant is proposing to develop two single story retail buildings on two lots for restaurant uses. The property is part of one larger tract totaling 1.38, and is zoned Commercial Corridor (CC) District. Restaurants are allowed uses by right. A replat dividing the lot into two separate lots is on the current agenda for consideration. An existing building on the lot will be demolished, and does not meet current design standards. The southern most drive on Commerce Drive does not meet current Design Standards as required by the City Engineer. However, the City Engineer has stated that the applicant can not be forced to close or modify this access point by the City. The applicant has agreed to mark it as an exit only thereby closely meeting the intent of the design standards. Commissioner Bennett stated that although the existing drive does not meet the current design standards, the serious question would be the location of the existing drive is in a dangerous location. Although the City Engineer has stated that the City of Wylie can not force the applicant to close the drive, Commissioner Bennett request staff to get an opinion from the City Attorney. Commissioner Bennett and Chairman Larson expressed concern of the drive being an exit only drive. Chairman Larson questioned the reason why the City Engineer stated that the Minutes July 15,2008 Wylie Planning and Zoning Board Page 2 of 7 applicant can not be forced to close the driveway. Mr. Haskins stated that he did not further question the City Engineer for the reasoning, but it was planning's understanding the reason being it is an existing drive. The Commissioners discussed the option of moving the drive 30 feet north or having the access a curbed entrance only. Mr. Matthew Thomas, Thomas Site Development, 4604 Bill Simmons Road, Colleyville, Texas, represented the Civil Engineer for the property, stated that the intent for the drives is to maximum accessibility to the property by using existing drives. The applicant and developer are aware of the concerns for the existing drive shown on the Site Plan as an exit only. Chairman Larson questioned if there were objections to close the drive due to safety standards. Mr. Jim Shatto, 1608 Trafalgar Road, Fort Worth, Texas, represented Sun Holdings the developer for the property, stated that accessibility is very important with two restaurants on the same lot. He recommended making the existing access into a curbed entrance only, and have additional signage. The recommendation to move the access back 30 feet will not work as there is a steep incline on the property and it will create interior circulation problems on the lot. Commissioner Bennett requested that the item be tabled and Staff contact City Attorney to see if the applicant can be forced to close the access. Mr. Shatto expressed concern of the timing for pulling permits to begin demolition of the existing building on the property. Ms. 011ie stated that grading permits can be pulled from City Engineer while waiting on the approval of the Commission. A motion was made by Commissioner Bennett, and seconded by Commissioner Osborne, to table the Site Plan for Burger King/Popeye's until August 5, 2008, in order to confer with the City Engineer and City Attorney as to closing the existing access on the southwest corner of the property to be closed. This property being generally located on the northeast corner of FM 544 and Commerce Drive. Motion carried 7—0. Ms. 011ie reminded the Commissioners that the packets are delivered on Friday, and once the Commissioners review the packet, if there is a question for another member of staff, not in the Planning Department, to call the Planning Department on Monday or Tuesday morning and state that there is a question, Planning Staff will ask the Staff to attend the meeting. 3. Consider a recommendation to the City Council regarding a Preliminary Plat for Wylie BK Pop, creating two Commercial Lots on 1.38 acres, generally located at the northeast corner of FM544 and Commerce Drive. Mr. Haskins recommended that the Preliminary Plat be tabled until the August 5, 2008 meeting since changes with the Site Plan could in turn alter the Preliminary Plat. A motion was made by Commissioner Bennett, and seconded by Commissioner Wright, to table the Preliminary Plat for Wylie BK Pop, generally located at the northeast corner of FM 544 and Commerce Drive, until August 5,2008, regular meeting. Motion carried 7-0. Minutes July 15,2008 Wylie Planning and Zoning Board Page 3 of 7 4. Consider a recommendation to the City Council regarding a Replat for Pointe North Addition 3`d Revision. Subject property located at the NWC of Brown Street and Winding Oaks Drive. Ms. 011ie stated that the applicant is proposing to shift the common center line approximately 77 feet to the east for the future development of lot 58R-4 and also dedicates a ten (10) foot right-of-way along Brown Street. The original plat was approved in 1984, and a replat of lot 58 was approved in order to separate the commercial tract from the residential subdivision in 1988. Again, in 2000 a replat to divide lot 58 into two separate lots to accommodate the construction for a day care on lot 58R-1. The second revision of the plat simply shifted the center lot line one foot to the east. The proposed replat for the Third Revision creates a lot feasible for the development of a commercial site for a medical office use. A motion was made by Commissioner Bennett, and seconded by Commissioner Johnston, to recommend approval to the City Council for the Replat for Pointe North Addition Third Revision. Subject property located at the NWC of Brown Street and Winding Oaks Drive. Motion carried 7—O. Public Hearing Agenda 1. Hold a Public Hearing and consider a recommendation to the City Council, amending regulations to Zoning Ordinance No. 2001-48, Article 6, Section 6.3 as b.a it relates to district boundaries and design standards. Ms. 011ie stated that the purpose of these revisions is to clarify the boundaries of the Downtown Historic (DTH) District and to establish clear and concise guidelines for new and renovated structures. Ms. 011ie reviewed with the Commissioners the creation of the boundaries for the DTH, which was established in 2001 with the adoption of the city-wide revisions to the Zoning Ordinance and Map. Commissioner Bennett stated that there was a conflict of interest, due to him owning property in the Downtown Historic District, and abstained from participating in the discussion. A Conflict of Interest Affidavit was completed, and Commissioner Bennett was not seated with the Commissioners during the discussion of this item. Ms. 011ie stated that the residential design standards allows for residential structures to be constructed adjacent to other such structures within blocks with existing residential character designs. The exterior design should be of similar character of surrounding historic style structures regardless of the internal use and design. Common design features of existing historical residential structures range in variety from as early as the Colonial Style (1600- 1820) to the Arts and Crafts Movement from the 1870-1920 periods. The district also consists of Victorian style homes built in the late 1800's. In creating the DTH, it needs to be tied to an historic era. Historic era includes types of houses based on a period and within „„ those periods certain materials were used. Most of the commercial structures used masonry or stone,but on the residential side the material was mostly wood. Minutes July 15,2008 Wylie Planning and Zoning Board Page 4 of 7 Ms. 011ie stated that the proposed amendment offers Sherwin Williams Preservation or Valspar's Historic Color Palette or an equal color palette as the colors of choice for the primary façade, various architectural elements, or details within the Historic District. The National Trust for Historic Preservation has worked extensively with Valspar to develop an exclusive collection of historic colors documented from historic sites across the country. The resulting palette, features over 250 historic colors, and is being recommended as a bona fide reference. Commissioner Wright questioned the determination of type of design features that can be constructed. Ms. 011ie stated that the placement of a structure is determined by the existing surrounding structures and what is already there. If the surrounding structures are historic residential, the new structure must be historic type structure. We don't want to restrict one block within the DTH to be an Arts and Crafts structure only and then over on another block have only Victorian style homes. The DTH is just a district, and not registered with the National Historic Society, it is just a district, but because we want to identify the DTH as a historic area,then that is why we tie it to a historic period and style. The questions that come up regarding whether the design is allowed, the reference is back on the historic style structure that makes it bona fide. Staff is also requesting that sign regulations specific to the DTH be adopted. By creating specific sign elements to the DTH sets the area apart and makes it unique from other districts within the city. Pole type signs in the DTH are appropriate designs for residential structures regardless of their use. Chairman Larson questioned the maximum height of the structures allowed in the DTH. Mr. Haskins stated that height limitation of a one-story building is twenty-six feet, but no limitation of number of stories. Chairman Larson recommended that the ordinance establish guidelines for the type of sign based on the size of the structure. The intent is not to have a sign larger than the structure, and to establish a height restriction for structures in the DTH. Ms. 011ie stated that the proposed amendment offers four options for revising the boundaries for the DTH. The first option is to extend the boundary west along railroad right-of-way and continue south to the rear of lot 1 Cornerstone Private School at Industrial Court. The second option is to extend the boundary west along railroad right-of-way to just south of Elliot Street and then east to rear of Block 3, Lot 1R to the east side of Jackson and south of SH 78; and extend the eastern boundary to include lots along the east side of second street and south to Marble,but excluding the First Baptist Church Worship Center and parking lots. The third option is to extend the boundary west along railroad right-of-way to just south of Elliot Street and then east to the rear of Block 3, Lot 1R to the east side of Jackson and south to SH 78; and the eastern boundary along the east side of Ballard remain the same with the exception of excluding the parking lots owned by First Baptist Church. And, finally the fourth option is to extend the boundary west along railroad right-of-way to just south of Elliot Street and then east to the rear of Block 3, Lot 1R to the east side of Jackson and south to SH 78; and extend the eastern boundary to the rear of lots on the east side of first street south from Brown to the north side of Jefferson, excluding the parking lots owned by First Baptist Church. Minutes July 15,2008 Wylie Planning and Zoning Board Page 5 of 7 Ms. 011ie stated that the first option was the recommended boundary when the item was originally notified for public hearing. However, after discussing with Staff and writing the ordinance,the option to remove Lot 1, Block A,which is Inwood National Bank facility, and Lot RI, Block 3, which is occupied by Cornerstone Day Care facility. These are established existing buildings, and would serve as a good transition point from Commercial Corridor District to the DTH. Regardless of the option selected, the design standards would remain as presented in this request. Exterior materials proposed by this amendment specify materials based on the historic period of the structure. Very rarely were stone or masonry materials used for residential type structures. Masonry products whether brick or stone were commonly used on commercial structures. Ms. 011ie stated that fifty-six comment forms were mailed, and one comment forms was received in favor. Chairman Larson opened the public hearing. Mr. Bob Heath, 4506 E. Parker Road, Parker, Texas, the father of the property owner for 304 N Ballard, spoke in opposition of the design standards in the proposed amendment, and proposed to include masonry on residential structures be allowed. Mr. Heath encouraged the Commissioners to do additional research for entire façade for an Arts and Craft type structure to be masonry. With no one else approaching the Commission, Chairman Larson closed the public hearing. Commissioner Kopchenko stated that residential structures used masonry as a wainscot. Chairman Larson requested further assurance to find out if entire façade for a residential structure can be masonry. Ms. 011ie reiterated again that the information gathered within the packet was obtained from various sources, as well as the National Historic Society. The Commissioners discussed in length the various options, and the signage. The Commissioners were not in agreement of the options, size of the signs, and the restriction of number of stories not outlined clearly in the ordinance. Chairman Larson suggested that the item be tabled until August 5, 2008 to allow staff additional time to further research size of signs, the number of stories allowed including the height of commercial buildings and the exterior materials for residential structres. A motion was made by Commissioner Johnston, and seconded by Commissioner Wright, to table the Zoning Case 2008-08, amending regulations to Zoning Ordinance 2001-48, Article 6, Section 6.3 as it relates to district boundaries and design standards. Motion carried 6—0— 1,with Commissioner Bennett abstaining. Minutes July 15, 2008 Wylie Planning and Zoning Board Page 6 of 7 ADJOURNMENT Commissioner Bennett rejoined the meeting. A motion was made by Vice-Chair Johnston, and seconded by Commissioner Kopchenko,to adjourn the meeting at 8:36PM. All Commissioners were in consensus. L Dennis Larson,Chairman ATTEST: R A Ma B ley,Administ tive Assistant Minutes July 15,2008 Wylie Planning and Zoning Board Page 7 of 7