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Zoning Board of Adjustments Regular Meeting

Regular Meeting

Wylie, TX · January 18, 2021

AgendaPacketMinutes

Minutes

Zoning Board of Adjustment II CITY OF WYLIE Minutes Regular Meeting January 18, 2021— 6: 30 p. m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Jasen Haskins, Planning Manager called the meeting to order at 6: 30PM. and announced a quorum was present. Due to lack of Chair a motion was required for Interim Chair. A motion was made by Board Member Andrew Wight, seconded by Board Member Richard Covington to nominate Board Member Shaun Chronister as Interim Chair. A vote was taken and carried unanimously. OWN Board Members in attendance; Chair Shaun Chronister, Board Member Lance Kiser, Board Member Richard Covington, and Board Member Andrew Wight. Board Members absent: Board Member Byron Better, and Board Member Robert Blair. Staff present were Mr. Jasen Haskins, Planning Manager, Mr. Kevin Molina, Senior Planner and Ms. Mary Bradley, Administrative Assistant II. CITIZENS COMMENTS ON NON -AGENDA ITEMS No one approached the Board Members. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the Board and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider and act upon approval of the Minutes for the November 16, 2020 Meeting. Board Action A motion was made by Board Member Wight, and seconded by Board Member Covington, to approve the minutes as submitted. A vote was taken and carried 4 — 0. REGULAR AGENDA Minutes January 18, 2021 Zoning Board of Adjustment Page 1 Public Hearing 1. Hold a Public Hearing to consider and act upon a request by Tulsi Grocers for a variance to Section 5. F.14 of the Zoning Ordinance to allow for a reduction in the required parking for a Grocery Store located at 2811 W. FM 544. ZBA 2021- 01. Staff Comments Mr. Molina addressed the Board Members stating that the property is located at 2811 W FM 544 and is currently zoned Commercial Corridor. The applicant is requesting a variance to the parking requirements. In 2017 the Planning and Zoning approved a site plan for the property, as the intention was to develop Office and General Merchandise, with 16 parking spaces. The applicant is desiring to open a ethnic grocery store, and requesting a reduction in required parking spaces of 20 to 16 parking spaces. The parking requirements for a grocery store is one parking space per 300 square feet. The applicant has submitted a revised floor plan that shows a total occupancy area of 5, 462 square feet with 4, 064 square feet of sales space and 1, 398 square feet of area for office, storage and preparation of food items. Public comment forms were mailed to 12 property owners. Four comment forms were received, three were in opposition and one in favor of the request. Public Comments Chair Chronister opened the public hearing asking anyone present wishing to address Board Members to come forward. Board Member Wight questioned the applicant regarding a comment form returned from the adjacent property owner expressing concern of joint access. Mr. Kevin Patel, 1503 Astoria Drive, Allen, approached the Board Members, representing the applicant for the request, stating that the property owners on both sides were approached and assured of no joint access due to landscaping blocking the access. The grocery store will have four employees, with two working in the morning and two working in the evening. Chair Chronister closed the public hearing. Board Discussion Board Member Wight stated that the proposed grocery store is small and is similar to the Aldi Grocery Market down the street, and the requested parking spaces seems adequate. Board Action Minutes January 18, 2021 Zoning Board of Adjustment Page 2 A motion was made by Board Member Wight, and seconded by Board Member Covington, to grant the variance to Section 5. F. 14 of the Zoning Ordinance to allow for a reduction in the required parking for a Grocery Store and approve the revised Site Plan and Floor Plan. Property located at 2811 W. FM 544. ZBA 2021- 01. A vote was taken and carried 4 - 0. 2. Hold a Public Hearing to consider and act upon a request by the City of Wylie for a variance to Section 7. 9.B.3. b of the Zoning Ordinance to allow for an exemption to the noise sound level standards for the use of an emergency generator. Property located 3200 McMillan Road. ZBA 2021- 02. Staff Comments Mr. Molina approached the Board Members stating that the property is located at 3200 McMillan Road and is currently zoned Planned Development Ordinance 1999- 32. The applicant is City of Wylie, and the use is a Fire Station. The City of Wylie is requesting a variance to the maximum permissible sound pressure levels allowed when adjacent to a residential area. An emergency generator is proposed to be installed and only to be used during testing or power outage scenarios. A hardship may exist as the generator will be seldomly used and can be of great benefit to the life and safety of the citizens of Wylie. Public Comment forms were mailed to 14 property owners. No comment forms were received in favor or in opposition of the request. Public Comments Chair Chronister opened the public hearing asking anyone present wishing to address Board Members to come forward. Fire Chief Brandon Blythe approached the Board Members, stating that the Zoning Ordinance does not mention public safety equipment or structures, just exempts public safety vehicles during times of emergency. The emergency generator will be tested on Monday morning at 10: OOAM and the duration of the test is approximately one hour, in addition to any emergency power outage scenarios. Chair Chronister closed the Public Hearing. Board Action A motion was made by Board Member Covington, and seconded by Board Member Wight to grant the variance to Section 7. 9. B. 3. b of the Zoning Ordinance to allow for an exemption to the noise sound level standards for the use of an emergency generator. A vote was taken and carried 4- 0. Minutes January 18, 2021 Zoning Board of Adjustment Page 3 ADJOURNMENT A motion was made by Board Mcnthcr Covington and scc nccd by - 3 ° rani i0 c» bcc- . iscr•, to adjourn tkU at 6:5 P vivas tal ctr and carp is d O. AT EST: January 11 „ tl? 1 aril. Of Aclju; ¢niertt Page

Agenda

Zoning Board of Adjustment NOTICE OF MEETING Regular Meeting Agenda January 18, 2021 – 6:30 pm Wylie Municipal Complex - Council Chambers 300 Country Club Road, Building #100 Wylie, TX 75098 Byron Betler…..……………………………………………....……Chair Robert Blair……..………………………………………….. Vice Chair Andrew Wight….………………………………………. Board Member Shaun Chronister……………………………………… Board Member Richard Covington……..………………………………Board Member Lance Kiser……………………………….... Alternate Board Member Daniel Cooper ……………………………....Alternate Board Member Jasen Haskins……………………………………... Planning Manager Kevin Molina………………………………………………… Sr 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.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Board 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 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address the Board regarding an item that is not listed on the Agenda. Residents must fill out a non-agenda form prior to the meeting in order to speak. The Board requests that comments be limited to three (3) minutes. In addition, the Board is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA A. Consider and act upon approval of the Minutes for the November 16, 2020 Meeting. January 18, 2021 Zoning Board of Adjustment Regular Meeting Agenda Page 2 of 2 EXECUTIVE SESSION If during the course of the meeting covered by this notice, the Zoning Board of Adjustment should determine that a closed or executive meeting or session of the Zoning Board of Adjustment or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act, Texas Government Code § 551.001 et. seq., will be held by the Zoning Board of Adjustment at the date, hour and place given in this notice as the Zoning Board of Adjustment may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to, the following sections and purposes: Texas Government Code Section: § 551.071 – Private consultation with an attorney for the City. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing to consider and act upon a request by Tulsi Grocers for a variance to Section 5.F.14 of the Zoning Ordinance to allow for a reduction in the required parking for a Grocery Store located at 2811 W. FM 544. ZBA 2021-01. 2. Hold a Public Hearing to consider and act upon a request by the City of Wylie for a variance to Section 7.9.B.3.b of the Zoning Ordinance to allow for an exemption to the noise sound level standards for the use of an emergency generator. ZBA 2021-02 ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on January 15, 2021 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. Stephanie Storm, City Secretary Date Notice Removed

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