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03-15-2005 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 March 15, 2005 Notice was posted in the time and manner required by law and quorum was present. Commission Members Present: Staff Members Present: Eric Alexander Mary V. Bradley, Secretary Red Byboth Renae 011ie, Assistant Planner Don Hughes Claude Thompson, Director Dennis Larson Kathy Spillyards Commission Members Absent: Dave Hennesey CALL TO ORDER Vice-Chairman Larson called the meeting to order at 7:14PM. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Byboth gave the invocation and Commissioner Alexander led the pledge of allegiance. CITIZEN PARTICIPATION Kathy Welp, 1508 Evelyne Court, expressed opposition of McMillan Ranch Apartments, on McCreary Road and McMillan, which is a Planned Development District (PD 99-32) and part of Creekside Estates, not only for the housing values but the lack of concern and honesty from the developer. CONSENT AGENDA 1. Consider and act upon approval of the Minutes from the March 1, 2005 Regular Meeting. A motion was made by Commissioner Byboth, seconded by Commissioner Hughes, to approve the minutes as submitted. Motion carried 5 —0. P &Z Commission Meeting March 15, 2005 Page 2 of 9 ACTION AGENDA 1. Consider and act upon approval of a Site Plan for office/warehouse buildings on three lots located at 120 Regency Drive, being all of a 2.187 acre tract of land of the Regency Business Park Addition, Phase Two. Thompson stated that the applicant is proposing to split the existing Lot 6 into 3 separate lots, in order to construct three single-story masonry office/warehouse buildings. The replat for Regency Business Park Addition, is on the current agenda. The Site Plan does comply with all applicable regulations and technical requirements. Jeff Nix, Nicom Construction, Inc., 119 Regency Drive, represented the applicant, stated that there is a utility easement going north and south on the west side of the property. The building on the east side of the property will be occupied by Nicom's business. The property is located on northwest corner of Capital and Regency. A motion was made by Commissioner Hughes and seconded by Commissioner Spillyards, to approve the Site Plan. Motion carried 5 —0. 2. Consider a recommendation to the City Council regarding a Replat for the Regency Business Park Addition. Subject property being all of Lot 6, Block A, of Regency Business Park Addition, Phase Two. Thompson stated that the Replat will create three commercial lots. The Site Plan for these lots is on the current agenda for consideration. There is significant drainage and electrical utilities easements occupying much of the subject lot. A motion was made by Commissioner Byboth, and seconded by Commissioner Alexander, to recommend approval of the Replat to the Regency Business Park Addition, to the City Council. Motion carried 5 —0. P&Z Commission Meeting March 15, 2005 Page 3 of 9 3. Consider a recommendation to the City Council regarding a Final Plat for the Ambers Cove Addition. Subject property being all of a certain 12.963 acre tract of land described in a deed to George F. Keltech, as recorded in County Clerk's File Number 97-0017475, Deed Records of Collin County, Texas, and being situated in the L.B. Outlaw Survey, Abstract No. 676, Collin County, Texas, and the Nathaniel Alterberry Survey, Abstract No. 1099, Collin County, Texas. Thompson stated that the Plat with create six (6) single-family residential lots, each under 2 acres. The property is within the Extraterritorial Jurisdiction of the City of Wylie, and cannot be annexed into Wylie due to lack of contiguity. However, the applicant has stipulated in Private Deed Restriction that when the property is annexed into the City of Wylie, the houses must connect to city sewer. The water is provided by Eastfork Water District. The Plat does dedicate 50 feet of Right-of-Way for Troy Road. There is a private road making the properties located behind the subject property accessible onto Troy Road. Terry Beard, Keller Williams, 201 N Ballard, represented the applicant, stated that the subject property is owned by Ron Robinson. The properties are listed as one acre lots, with the minimum house size of 2,500 square feet. A motion was made by Commissioner Hughes, and seconded by Commissioner Spillyards, to recommend approval of the Final Plat for Amber's Cove. Motion carried 5 —O. Vice-Chairman Larson adjourned the meeting for a short break at 7:30PM, and the meeting was reconvened at 7:37PM PUBLIC HEARINGS 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Planned Development (PD) District for single-family residential uses, being part of the Francisco De La Pena Survey, Abstract No. 688, and being all of that 14.755 acre tract of land conveyed to D.R. Horton-Texas, Ltd., as recorded in Volume 5697, Page 6349, Collin County Deed Records, all of that 34.872 acre tract of land conveyed to D.R. Horton-Texas, Ltd., as recorded in Volume 5697, Page 6354, Collin County Deed Records, all of that 14.760 acre tract of land conveyed to D.R. Horton-Texas, Ltd., as recorded in Volume 5700, Page 3087, Collin County Deed Records. (Zoning Case No. 2005-05). Thompson stated that the subject property totals 64.38 acres, west of Kreymer Lane and south of Brown Street. P &Z Commission Meeting March 15, 2005 Page 4 of 9 Twenty-three (23) notifications were mailed to the property owners surrounding the subject property. Twenty-five written responses were returned twenty-four in opposition and one written response was returned in favor of the request. The opposition represents over 27 percent of the total land area within notification area, requiring a super majority (75%) approval vote from City Council. The Comprehensive Plan recommends that the entire tract be developed as Country Residential (1 ac lots). The number of lots illustrated on the Development Plan is 193, or a density of nearly 3 lots per acre, compared to a potential of approximately 63 lots or one lot per acre density as recommended by the Comprehensive Plan. The easement corridor of a major overhead electric transmission line traverses the northwestern corner of the tract, occupying 0.96 acre, and this area cannot be developed. Staff recommends denial because the plan does not conform to the recommendation of the Comprehensive Plan. Jerry Sylo, Jones & Boyd, 17096 Dallas Parkway, Dallas, Texas, represented the property owner for the subject property, stated that the proposal is compatible with surrounding developments. Due to the depth of the subject property 27 of the lots will be 8,500 to 10,000 square feet, 109 of the lots will be over 11, 000 square foot and the remainder 57 lots will be 10,000 to 11,000 square foot. Vice-Chairman Larson opened the public hearing at 7:50PM. Tony Warren, 1030 S. Kreymer, spoke in opposition of the zoning change, and expressed favor for lots on one acre. Diane Yates, 3209 Ranch Drive, Garland, owns 10 acres south of the subject property, complimented and encouraged the Commissioners to keep their vision and appreciate ability to keep City of Wylie a beautiful city and recommend denial of smaller lots. Amy Tolleson, 1036 S. Kreymer, spoke in opposition of the zoning change and expressed concern for the amount of traffic and recommended one acre lots. Toni Rowe, 1500 S. Kreymer, spoke in opposition of the zoning change, and in favor of one acre lots. Vice-Chairman Larson closed the Public Hearing at 8:01AM P & Z Commission Meeting March 15, 2005 Page 5 of 9 Commissioner Hughes asked Mr. Sylo if larger lots will be considered. Mr. Sylo stated that looking at the financial perspective the larger lots will not work for the company. The Commissioners and Mr. Sylo discussed a compromise to the proposal and expressed approval of larger lots with larger homes. After much discussion, Mr. Sylo requested that to table the item until April 19, 2005. A motion was made by Commissioner Hughes, and seconded by Commissioner Alexander, to recommend to the City Council to table the zoning change 2005-05, until April 19, 2005. Motion carried 5 —0. 2. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Single-Family 10/19 (SF-10/19) District for single-family residential uses, being all that certain lot, tract or parcel of land situated in the Francisco De La Pena Survey, Abstract No. 688, Collin County, Texas, and being all of that 63.500 acres tract of land described in a Warranty Deed from Waldine A. Little to Jack M. Little, dated September 19, 1980 and being recorded in Volume 1306, Page 582 of the Land Records, Collin County, Texas. (Zoning Case No. 2005-06). Thompson stated that the subject property totals 63.76 acres, and is located east of Cimarron Estates and west of CR 434/Bennett Road. The property was annexed into the city on July 24, 2001. Twenty-seven (27) public comment forms were mailed, one hundred ninety-one (191) written responses voting in favor, including eighteen (18) within the legal notification area, and one opposing the zoning change. Most of the responses were opposed to a high school and supportive of the proposed residential. The Comprehensive Plan recommends Suburban Residential (10,000 — 30,000 square foot lots). The request does comply with Comp Plan, the Suburban Residential lots are intended to average 20,000 square foot and larger lots nearer to this average would be more compatible with the existing acreage developments to the south. Wylie Independent School District has expressed interest in the subject property for a high school campus. Ryan Betz, Skorburg Company, 3838 Oak Lawn, Suite 1212, Dallas, Texas, represented the applicant/developer of the subject property, stated that upon the Plat submittal a dedication for right-of-way to Bennett Road will be included. Homeowners Association will be maintained, with two ponds, the Park Board has not reviewed the plan, so the open space could be dedicated to the City. Vice-Chairman Larson opened the Public Hearing. P &Z Commission Meeting March 15, 2005 Page 6 of 9 Diane Culver, 2918 Jamestown Drive, spokesperson for eleven property owners, spoke in favor of the zoning change, and submitted a petition to the School Board and with City Secretary in opposition of the school and in support of the proposed single-family residential lots. Mike Christiann, 5002 Bennett Road, spoke in opposition of the school and spoke in opposition of four houses to one acre. Troy Rowe, 2938 Jamestown Drive, spoke in opposition of the school and in opposition of smaller houses compared to the previous submittal with larger lots. The Commissioners discussed with Betz the lot size, house size and the drainage on the property and decided to make a recommendation to the City Council. A motion was made by Commissioner Byboth, and seconded by Commissioner Spillyards, to recommend approval to the City Council of the zoning change 2005-06. Motion carried 4 — 1, with Commissioner Alexander opposing. Vice-Chairman Larson adjourned the meeting at 9:20PM for a break and reconvened the meeting at 9:28PM. 3. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Commercial Corridor (CC) to Planned Development (PD) to allow for off-premise signage, being a tract of land situated in the S.B. Shelby Survey Abstract No. 820, being all of Lot 8 and part of Lots 9 and 10, Block A of Wylie Industrial Park, an addition to the City of Wylie according to the plat thereof recorded in Volume 8, Page 55 of the Deed Records of Collin County, Texas and being all of those certain portions of Cooper Drive right-of-way described as "Parcel 1" and "Parcel 4" abandoned by City of Wylie Ordinance Number 2004-40 recorded under County Clerk's file No. 2004-0182264, Deed Records of Collin County, Texas and being all of that tract of land described in deed to Wylie Economic Development Corporation recorded in Volume 4572, Page 3563 of the Deed Records of Collin County, Texas and also being all of that tract of land described in deed to Wylie Economic Development Corporation recorded in Volume 5815, Page 2219 of the Deed Records of Collin County, Texas. (Zoning Case No. 2005-07). Thompson stated that the property totals 5.8 acres, and is located east of Cooper Drive and north of State Highway 78. P &Z Commission Meeting March 15, 2005 Page 7 of 9 The property includes three lots previously platted as part of the Wylie Industrial Addition and the old Extruders tract. These will be replatted into a 4-lot retail complex, with Cooper Drive being extended through the center to connect with S.H. 78. A medical clinic by Baylor Health Care will occupy the northern-most rear lot immediately, but uses have not yet been announced for the remaining lots. The Baylor facility will be partially obscured from view of traffic along S.H. 78, especially when additional retail buildings are constructed in front of it facing S.H. 78. Eleven public comment forms were mailed to surrounding property owners, and two were returned voting in favor of the project. The current Sign Regulations require that all signage must be located on the property to which it is related, and prohibits signs on other lots or easements. The PD proposes a planned program for signage for the 4-lot center which complies with the spirit of the Sign Regulations and provides adequate identity and direction for each of the lots. Such off- premise sign is especially important to identify the Baylor facility for its potential emergency medical functions. Sam Satterwhite, Director, Wylie Economic Development Corporation, 2000 Highway 78 North, represented the applicant of the subject property, stated that the purpose of the Conditions to the Planned Development is for a signage package, which allows cross signage for multi-uses on the frontage to S.H. 78 with a Kiosk or monumental sign. There is only one signage per uses, but no multiple signs for each use. Vice-Chairman Larson opened the Public Hearing, and with no one coming forward to speak, Vice-Chairman Larson closed the Public Hearing. With no further questions for the applicant or staff, a motion was made by Commissioner Alexander, and seconded by Commissioner Byboth to recommend approval of the zoning case 2005-07, to City Council. Motion carried 5 —0. 4. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Planned Development (PD) District for single-family residential uses, being part of the Allen Atterbury Survey, Abstract No. 23, being the resurvey of a 4.54 acre tract of land described and recorded in Volume 3828, Page 301 of the Collin County Land Records. (Zoning Case No. 2005-08). Thompson stated that the property totals 4.54 acres, and is located west of Thomas Street and south of Stone Road. Abutting properties to the west are platted as the Caldwell Estates and those to the north are within the Eldridge Additions, both created in 1962. WISD and City of Wylie ownership and facilities abut the tract on the south. P&Z Commission Meeting March 15, 2005 Page 8 of 9 Twenty-four (24) public notification forms were mailed. Two responses were returned both opposing the request. The Planned Development envisions a cloistered neighborhood on a private street. Houses will be a Neotraditional/New Urbanist design, with smaller yards and shared common open space. These innovations are intended to justify the PD. The property is accessible only from Thomas Street. A drainage channel platted to WISD separates the tract from the private Pirate Drive. The PD proposes 20 lots of 5,100 square foot or larger. The smallest detached residential lot currently allowed by Wylie's Zoning Ordinance is 8,500 square feet, and attached duplexes/townhouses but occupy lots of at least 3,500 square feet. Mardy Brown, Dowdey Anderson and Associates, 5225 Village Creek Drive, Plano, Texas, represented the applicant of the subject property, stated that the lots will be single-family detached one-story houses, and focused to the senior citizens market. Vice-Chairman Larson opened the Public Hearing. Jerry and Beth Weatherman, 505 Hilltop, spoke in opposition of the zoning change because of the traffic, the density and expressed desire to see the property left alone. Kathy Zawisza, 508 E Stone, spoke in opposition because of the density. Marvin Fuller, 355 Donna, spoke in favor of infill developments, expressed concern of traffic onto Thomas Street, and expressed opposition for rear-entry lots and recommended a retaining wall surrounding the property on Thomas Street. Vice-Chairman Larson closed the Public Hearing at 10:30PM. Commissioners expressed the concern of retaining wall, and density. Due to the additional discussion from the Commissioners on the perimeter screen, Vice-Chairman Larson re- opened the Public Hearing at 10:45PM. Marvin Fuller, 355 Donna, stated that if lots 1 and 2 were combined and the roads straight through lot 3 as entrance, and realign lots 1 and 2 face to the south, which will allow two access drives. Vice-Chairman Larson closed the Public Hearing at 10:50PM. P &Z Commission Meeting March 15, 2005 Page 9 of 9 Commissioner Hughes expressed concern of the small lots and house size. The Commissioners discussed the Conditions for the Planned Development, after much discussion, the applicant agreed to modify the PD with the following changes: Special Conditions number 3, minimum of 50 percent 1,400 square feet and 50 percent 1,800 square feet; Number 9, Roof Materials will be architectural dimensional shingles with a 6:12 roof pitch, Unit with same street elevation will be 4 lots skipped same side of street, deleting Park Dedication number 15, and inserting six-foot screen wall, with cedar board on board with cap, wood to the outside and rail post to the inside and masonry columns with 25 foot on- center on the north, south, and west side of the property. A motion was made by Commissioner Byboth, and seconded by Commissioner Spillyards, to approve the zoning case 2005-08, with the following amendments to the PD Conditions: 50% of the lots will be 1,400 square feet and 50% will be 1,800 square feet; roof materials will be asphalt dimensional shingles, 8:12 roof pitch, 4 lots will be skipped same side of the street; number 15 deleting park dedication and inserting six-foot screen wall with cedar board on board with cap, wood to the outside and rail post to the inside and masonry columns with 25 foot on-center on the north, south, and west side of the property. Motion carried 4 — 0, with Commissioner Hughes departing the meeting before motion was made. MISCELLANEOUS Thompson stated that Commissioner Seely has submitted his resignation, and Vice-Chairman Larson will be chairing the meetings until the elections in July. The City Council will be appointing another Commissioner to take Commissioner Seely's place on March 22, 2005. ADJOURNMENT A motion was made by Commissioner Alexander, and seconded by Commissioner Byboth, to adjourn the meeting at 11:17PM. Dennis Larson, Vice-Chairman Ma Brad y, Secretary