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11-04-2008 (Planning & Zoning) Minutes Wylie Planning and Zoning Commission CITY OF WYLIE Minutes Wylie Planning & Zoning Commission Tuesday, November 4, 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 6:36PM. Those present besides Chairman Dennis Larson were; Vice-Chairman Phillip Johnston, Commissioner Willie Osborne, and Commissioner John Manganilla. Commissioner Ramona Kopchenko and Commissioner Tim Bennett arrived late. Commissioner Ruthie Wright was absent. ` Staff present was Renae 011ie, Planning Director, Chris Holsted, City Engineer, Charles H Lee, Senior Planner, Jasen Haskins, Assistant Planner, and Mary Bradley, Administrative Assistant. INVOCATION & PLEDGE OF ALLEGIANCE Chairman Larson gave the invocation and Vice Chairman 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 October 21, 2008, Regular Meeting. A motion was made by Commissioner Osborne, and seconded by Commissioner Manganilla, to approve the minutes from October 21, 2008 Regular Meeting, as submitted. Motion carried 4 — 0, with Commissioners Kopchenko, Bennett and Wright absent. Minutes November 4, 2008 Wylie Planning and Zoning Board Page 1 of 5 REGULAR AGENDA Action Agenda 1. Consider and act upon approval of a Site Plan for Steen Chiropractic, on one lot, located at 520 W Brown Street. Mr. Haskins stated that the correct address is 100 E. Brown Street, the applicant is currently located at 520 W Brown Street. The applicant is proposing to construct a residential style building of 1,941 square foot commercial facility to a medical office, on the 0.104 acre lot. Due to the nature of the proposed business of a Chiropractic Office the applicant wants to include on-site parking. On-site parking is not required within the Downtown Historic District. Staff feels that the intent of the Ordinance is to keep on-site parking from being adjacent to and visible from the street, therefore the Site Plan proposed parking area covered and screened behind the main structure. The access to the parking area will be from the unimproved alley. The parking lot and driveway will be paved as required by the ordinance. Commissioner Kopchenko arrived at the meeting. With no questions for the applicant, a motion was made by Vice Chairman Johnston, and seconded by Commissioner Osborne, to approve the Site Plan for Steen Chiropractic, on one lot, located at 100 East Brown Street. Motion carried 5 — 0, with Commissioner Bennett arriving late and Commissioner Wright absent. 2. Consider a recommendation to the City Council regarding a Final Plat for Wylie Lakes, Phase 2A creating 42 single family residential lots, generally located south of Skyview Drive and west of Spencer Lane. Mr. Lee stated that the property totals 12.379 acres and creates forty-two (42) single family residential lots. The property is part of the larger 121-acre Wylie Lakes Planned Development District (PD — 2003-18), which is a mixed-use development including Single-Family (1A/26, 8.5/17), Townhouse, Commercial/Retail and Open Space Lots. A Final Plat for Phase Two was approved by the Commission and City Council in November 2005, however the plat was neither filed nor recorded. The applicant is requesting to create two separate residential subdivisions and develop the property in two phases. Wylie Lakes Phase 2B is on the current agenda for your consideration and review. A motion was made by Commissioner Osborne, and seconded by Commissioner Bennett, to recommend approval to City Council for a Final Plat Wylie Lakes Phase 2A, establishing 42 single family residential lots, generally located south of Skyview Drive and west of Spencer Lane. Motion carried 6 — 0, with Commissioner Wright absent. Minutes November 4, 2008 Wylie Planning and Zoning Board Page 2 of 5 3. Consider a recommendation to the City Council regarding a Final Plat for Wylie Lakes, Phase 2B creating 45 single family residential lots, generally located south of Skyview Drive and east of Spencer Lane. Mr. Lee stated that the Final Plat for Phase 2B, is the second phase from the Final Plat that was considered on the current agenda. The property totals 12.399 acres and creates forty-five (45) single family residential lots. With no questions for staff, a motion was made by Chairman Johnston, and seconded by Commissioner Bennett, to recommend approval to the City Council for a Final Plat Wylie Lakes Phase 2B, establishing 45 single family residential lots, generally located south of Skyview Drive and east of Spencer Lane. Motion carried 6—0, with Commissioner Wright absent. Public Hearing 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Multi-Family (MF)to Light Industrial (LI) District, generally located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. ZC2008-10. Ms. 011ie stated that the subject property is located north of Anchor Drive and Spinnaker Way. The property is zoned Multifamily District. Water tanks are only allowed in Light Industrial and Heavy Industrial Districts. The applicant desires to expand the existing water tank, and the current ordinance does not allow expansion of a legally non-conforming use, therefore a zoning change is required. The existing tank is a 500,000 gallon water storage tank and is sixteen (16) feet in height. The proposed tank is a two million gallon concrete ground storage tank and will be thirty-six feet in height. Public Comment forms were mailed to forty property owners, and six responses were received all in opposition of the request. Chris Holsted, City Engineer, stated that currently the City of.Wylie operates three water delivery points, where water is accepted from North Texas Water Municipal District. One is located from their plant at Highway 78 and Brown, another is located at Nortek, which is on the current agenda for a zoning change, and the subject property adjacent to the Newport Harbor Subdivision. When Newport Harbor water tank was constructed in the 1990's, it was anticipated for the City of Wylie to be split into separate water districts. Because of the growth in the far northwest part of the City of Wylie, it is necessary for a two million gallon concrete ground storage tank. It is necessary to enlarge the existing tank from sixteen feet in height to thirty-six feet in height. Later on two additional pumps will be added. Currently, there are two smaller pumps and two larger pumps. The two Minutes November 4, 2008 Wylie Planning and Zoning Board Page 3 of 5 smaller pumps will be replaced and enlarged. The Water District asks that cities provide an eight-hour peak storage tank, which requires no additional water from the district during those eight-hours. The existing tank is a six-hour storage tank. Chairman Larson opened the Public Hearing. Mr. Frederic Sender, 1301 Rain Tree Drive, spoke in opposition of the zoning change. Mr. Sender expressed opposition of the noise, possible impact of reduction of property value, and recommended another site to be considered. Ms. Julie Lovell, 1606 Harvest Crossing Drive, spoke in favor of the zoning change. Ms. Lovell expressed approval provision of sufficient maintenance and the increase of utilities. Chairman Larson closed the Public Hearing. Chairman Larson questioned the drawings. Mr. Holsted stated that new tank will be constructed, and the existing tank will remain in service. Ultimately the site will house a three million gallon storage tank. Commissioners discussed the noise factor. Mr. Hoisted stated that the storage tank has exhaust fans, which turns on and off to dissipate the heat within the storage tank. The exhaust fans come on especially during the summer, and when the new proposed tanks constructed, researching a means to reduce the noise from exhaust fans can be done. Vice Chairman Johnston expressed concern from a comment response regarding the maintenance. Mr. Holsted stated that he can verify with Public Works on when the property is maintained and mowed. Mr. Lee stated that in most other municipalities, water utilities are an allowed use within any zoning district. Ms. 011ie stated that the Commissioners could direct Staff to amend the Zoning Ordinance to allow the utilities, such as a water storage tank in any zoning district. Vice Chairman Johnston recommended that staff look into amending the Zoning Ordinance to allow water utilities any zoning district. A motion was made by Commissioner Bennett, and seconded by Commissioner Osborne, to recommend approval to the City Council on Zoning Case 2008-10 regarding a change in zoning from Multi-Family (MF) to Light Industrial (LI) District. Property generally located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. Motion carried 6 — 0, with Commissioner Wright absent. 2. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agricultural District (AG/30) to Light Industrial (LI) District, generally located south of Brown Street and west of Westgate Way. ZC2008-11 Ms. 011ie stated that the subject property is located south of Brown Street and Westgate Way adjacent to Westgate Phase I Subdivision, Abstract A0266 E.C. Davidson Survey. Minutes November 4, 2008 Wylie Planning and Zoning Board Page 4 of 5 The applicant is requesting to rezone 0.9027 acres from Agricultural District (AG/30) to Light Industrial(LI)District in order to facilitate a new water storage tank. Public comment forms were mailed to seventeen property owners, and no responses were received in favor or in opposition. Mr. Hoisted stated that the subject proposal is similar to the one considered on the current agenda, however, the existing water tank is already thirty-six feet in height. The new proposed water tank will closely match the existing in height and color. In the future,the existing water tank will be replaced as well. Chairman Larson opened the Public Hearing. No one approached the Commissioners, Chairman Larson closed the Public Hearing. With no questions for staff, a motion was made by Vice Chairman Johnston, and seconded by Commissioner Osborne, to recommend approval to the City Council on Zoning Case 2008-11 regarding a change in zoning from Agricultural District(AG/30)to Light Industrial (LI) District. The property is generally located south of Brown Street and west of Westgate Way. Motion carried 6—0, with Commissioner Wright absent. MISCELLANEOUS Ms. 011ie reminded the Commissioners that have not voted on the artwork displayed in the Complex, to take a few minutes to vote after the meeting. ADJOURNMENT A motion was made by Commissioner Osborne, and seconded by Commissioner Osborne,to adjourn the meeting at 7:23PM. All Commissioners were in consensus. Dennis Larson,Chairman ATTEST: Ma Brley,Admin4ittive Assistant Minutes November 4, 2008 Wylie Planning and Zoning Board Page 5 of 5