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12-02-2008 (Planning & Zoning) Minutes Wylie Planning and Zoning _mg( Commission CITY OF WYLIE Minutes Wylie Planning & Zoning Commission Tuesday, December 2, 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 6:33PM. Those present besides Chairman Dennis Larson were; Vice-Chairman Phillip Johnston, Commissioner Willie Osborne, Commissioner John Manganilla, Commissioner Ramona Kopchenko Commissioner Ruthie Wright and Commissioner Tim Bennett. Staff present was Renae 011ie, Planning Director, Charles H Lee, Senior Planner, Jasen Haskins,Assistant Planner, and Mary Bradley, Administrative Assistant. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Bennett 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 November 18, 2008, Regular Meeting. A motion was made by Vice Chairman Johnston, and seconded by Commissioner Osborne, to approve the minutes from November 18, 2008 Regular Meeting, as submitted. Motion carried 7—0. Minutes December 2,2008 Wylie Planning and Zoning Board Page 1 of 5 REGULAR AGENDA Action Agenda 1. Consider and act upon approval of a Site Plan for QuikTrip, on one lot, generally located on the north side of FM 544 approximately 1,337 feet west of Springwell Parkway. Mr. Haskins stated that the applicant is QuikTrip, and the property totals 1.19 acres and is currently zoned Commercial Corridor District. The applicant is proposing to construct a 4,902 square foot general merchandise/food store and motor vehicle fueling station commercial facility. The applicant is requesting a conditional approval, due to the Site Plan not meeting all technical requirements. There are three outstanding issues all pertaining to the access easement to the east. The first outstanding issue is the proposed access easement adjoining the property to the east in that it is not owned by the applicant. The second issue is no approval letter from TxDot has been received regarding a curb cut from FM544. The last issue is the requirement for access easement to be filed as a "separate instrument" has not been met. The parking or offset requirements do not technically comply, however staff feels that the intent of the Ordinance is met. The applicant has provided 24 marked parking spaces, and the Ordinance requires 25 for General Merchandise and 4 for stand alone motor vehicle fueling stations. Staff feels that intent is met because the site also includes sixteen fuel pumps that would provide adequate parking spaces for both general merchandise use and motor vehicle fueling station use. The Zoning Ordinance required four feet of offset over 25% of the building façade. The applicant has provided several smaller articulations across the façade and a large awning to provide architectural variation,which is the stated purpose of the required offset. The replat for this property is also on the agenda for the Commissions consideration. Commissioner Bennett questioned the lack of the configuration for the fire lane easement to the east of the property. Staff stated that the Commission could make a condition within the motion to require reconfiguration of the fire lane easement to be drawn on the plat. Mr. Jake Petras, 14450 Trinity Blvd, Suite 300, Fort Worth, Texas, Real Estate Project Manager for the property, stated that there is no problem incorporating the configuration of the fire lane easement onto the Plat. Mr. Joe Demeier, 14450 Trinity Blvd., Suite 300, Fort Worth, Texas, representative for QuikTrip Corporation, questioned the location of the drawing for the access easement. Ms. 011ie stated that the off-site access easement needs to be filed as a separate instrument prior to submittal of the engineering plans, and permits are issued. The Minutes December 2,2008 Wylie Planning and Zoning Board Page 2 of 5 easements within the boundaries of the subject property are to be filed with the Final Plat, after the plat is approved by the Commission and City Council. The Commission is requesting the on-site access easements be drawn on the plat prior to approval by City Council. Mr. Demeier stated that the drawing for the easement will be corrected before the Plat is considered by City Council. A motion was made by Commissioner Bennett, and seconded by Vice Chairman Johnston, to approve the Site Plan for QuickTrip, on one lot, located on the north side of FM 544 approximately 1,337 feet west of Springwell Parkway, subject to the conditions of a written statement from TxDot approving the eastern most curb cut on FM 544; A filed document dedicating the Public Access and Fire Lane Easement by "Separate Instrument" on the Williams Addition to the City of Wylie; and the fire lane access easement is reconfigured and shown proper access to the property to the east on the plat. Motion carried 7—0. 2. Consider a recommendation to the City Council regarding a Replat for Moss Addition. Subject property being generally located on the north side of FM 544 approximately 1,337 feet west of Springwell Pkwy. Chairman Larson stated that the applicant submitted a letter requesting the Replat for Moss Addition be tabled until the next Planning and Zoning Meeting on December 16, 2008. A motion was made by Commissioner Bennett, and seconded by Vice Chairman Johnston, to table the Replat for Moss Addition, generally located on the north side of FM 544 approximately 1,337 feet west of Springwell Parkway. Motion carried 7—0. Public Hearing 1. Hold a Public Hearing and consider a recommendation to the City Council amending Zoning Ordinance 2001-48, Article 2, Section 2.5 (Regulations Applicable to all Districts) and Article 10, Section 10.2 (Words and Terms Defined); allowing for and providing certain safeguards relating to wind- powered electricity-generating appliances. ZC2008-12. Ms. 011ie stated that with the rising cost of energy everyone is looking for alternative sources of energy. Staff is proposing solar and wind powered sources as a means of providing alternative energy sources, to allow safe, effective and efficient use of such systems. The proposal consists of a draft to the Zoning Ordinance Article 2, Section 2.5, which would allow for wind-powered electricity-generating appliances as an accessory structure. In Article 10, Section 10.2, the definition of a wind turbine would read as a machine designed to convert kinetic energy in the wind to mechanical or electrical energy, for the primary purpose of on-site use and not for resale or transmission off-site. Commissioner Bennett questioned if unused energy known as reverse metering could be sold back to the utility company. Ms. 011ie clarified that commercial resale is not allowed but reverse metering is allowed. Minutes December 2, 2008 Wylie Planning and Zoning Board Page 3 of 5 Within Section 2.5 of Article 2, the wind turbine would be classified as an accessory structure, and would not be allowed unless a primary structure is constructed on the property. The height requirement shall be no more than 60 feet within residential districts and commercial districts and 100 feet in industrial districts. The setbacks of the wind turbines are to be at least 125 percent of the tower's height. The Ordinance will further outline the permit process to operate a wind powered system and will require valid permit holders to submit to the Building Inspection Department every other year a letter prepared by a Professional Engineer registered in the State of Texas. The letter is to state that the wind powered system continues to meet current electrical and structural requirements as set forth in the Ordinance. Chairman Larson recommended that in an effort to aid code enforcement, a clause be included stating that the letter will be sent thirty days prior to the final inspection anniversary date. The wind powered system shall be maintained at all times, and if it becomes inoperable for six months, the owner will have three months to remove or restore the system. The regulations and requirements will be monitored by the Building Inspections and Code Enforcement Department. The Planning Department will regulate the location of the wind powered system and confirm the aesthetic design criteria are met. Chairman Larson opened the Public Hearing. Mr. Mike Correale, Solar Wind Technologies, 1955 Northfork, Lucas, Texas, stated that the wind turbines are not simple, and takes a lot of consideration, thought and process for the safety and general well being of the citizens within the city. A recommendation to add within the proposed ordinance is for the offset setback fall zone and a protection shutdown. The offset setback fall zone would protect the primary buildings, as well as any surrounding trees and neighboring structures, if a blade falls from the tower. The protection shutdown would ensure that the property owner has the capability to turn off the wind turbine if a blade disconnects or when there is a power failure. Mr. Correale recommended that within the permitting requirement, the turbine must comply with UL-1741 compliance for automatic shutdown. The technology software perimeter changes regularly, the turbine that is 1.5kw has the capability of being 5kw. A utility company must be notified when there is a turbine, because sometimes the utility will shut off the power to a property that they find has a turbine and pull the meter. The size of the tower should be clearance of the blade on the tower, to the clearance beneath. Every turbine should be inspected once a year, this will protect and be a maintenance tool to keep the turbine in working order. The net metering is changing. Currently there is no requirement for the utility company to pay for power produced, the citizen should be fairly compensated for the times the meter is running backward. After the first of the year, the legislative could change for net metering. When a large commercial facility uses a large amount of Minutes December 2,2008 Wylie Planning and Zoning Board Page 4 of 5 power, and turbine is used to offset the meter base, there is a purchase power agreement (PPA). The PPA allows the commercial facility to have an agreement with the utility company to buy that excess power. The off load the peak demand, the demand charges for the power. Chairman Larson questioned the height restriction. Mr. Correale stated that limiting the height of the tower will limit the amount of kilowatts on a tower. He recommended 55 to 60 feet, in order to limit the kilowatts less than 5kw. The tower should be above obstruction from the trees and primary structures, in order to be out of turbulence. Chairman Larson closed the Public Hearing. A motion was made by Commissioner Osborne, and seconded by Vice Chairman Johnston, to recommend approval to the City Council an amendment to Zoning Ordinance No. 2001-48, Article 2, Section 2.5 (regulations Applicable to all Districts) and Article 10, Section 10.2 (Words and Terms Defined); allowing for and providing certain safeguards relating to wind-powered electricity-generating appliances. ZC 2008-12, with stipulation that under Section D, number 4 permitting requirements that the Wind Turbine be UL Compliance for automatic shutdown, and that the tower height be measured from the ground to the top of the hub, and eliminate the kilowatts requirement. Motion carried 7—0. ADJOURNMENT A motion was made by Vice Chairman Johnston, and seconded by Commissioner Wright, to adjourn the meeting at 7:48PM. All Commissioners were in consensus. .i" ennis Larson,Chairman AT ST: Mary radl ,Administrative istant Minutes December 2,2008 Wylie Planning and Zoning Board Page 5 of 5