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05-17-2005 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 May 17, 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 Don Hughes Renae 011ie, Assist. Planner Dave Hennesey Dennis Larson Commission Members Absent: Scott Ames Red Byboth Kathy Spillyards CALL TO ORDER Chairman Larson called the meeting to order at 7:05PM. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Hennesey gave the invocation and Commissioner Alexander led the pledge of allegiance. CITIZEN PARTICIPATION Chad Jordan, 3105 Charles Court, Wylie, addressed the Commissioners with concerns on current agenda item on McMillan Ranch Apartments, to make sure that all building codes are met. CONSENT AGENDA 1. Consider and act upon approval of the Minutes from the May 3, 2005 Regular Meeting. Commissioner Alexander stated that he led the pledge of allegiance and not Commissioner Ames. A motion was made by Commissioner Hughes, and seconded by Commissioner Hennesey, to approve the minutes with changes noted. Motion carried 4 — 0. P & Z Commission Meeting May 17, 2005 Page 2 of 6 ACTION ITEMS 1. Consider and act upon approval of a Site Plan for Multi-Family development on 18.7676 acres, being a portion of that called 112.1246 acre tract conveyed to Campbell/Wylie Partners, according to the deed filed of record in Volume 4343, Page 1370, Deed Records of Collin County, Texas; and being a portion of that called 4.9455 acre tract of land conveyed to Robert V. Thurmond, Jr., according to the deed filed of record in Volume 5179, Page 1282, Deed Records of Collin County, Texas. Ms. 011ie stated that the applicant is proposing to develop 224 multi-family dwelling units on 18.77 acres in the northeast corner of McMillen Road (Park Boulevard) and McCreary Road. The property was zoned MF with a Planned Development District (99-32) on October 1999. The Site Plan complies with the conditions of the PD and will comply with all other applicable technical requirements of the City of Wylie. The Final Plat is on the current agenda for consideration. Commissioner Hennesey questioned the retaining wall. Robert Voelker, NuRock Development, 700 E. Sandy Lake Road, Suite 146, Coppell, Texas, applicant for the development, stated that a wood fence will be on the east and west property lines, which will separate the residential district from the subject property. A motion was made by Commissioner Hughes, and seconded by Commissioner Alexander, to approve the Site Plan as submitted. Motion carried 4 — 0. 2. Consider a recommendation to the City Council regarding a Final Plat for McMillen Ranch Addition. Subject property being a portion of that called 112.1246 acre tract conveyed to Campbell/Wylie Partners, according to the deed filed of record in Volume 4343, Page 1370, Deed Records of Collin County, Texas. Ms. 011ie stated that the Final Plat will create an 18.7676 acre lot for multi-family development. The Site Plan was previously considered on the current agenda. The Plat dedicates an additional 60 feet right-of-way for the improvement of McMillen Road as the Park Boulevard regional thoroughfare. With no questions for the applicant or staff, a motion was made by Commissioner Hughes, and seconded by Commissioner Hennesey to recommend approval of the Final Plat for McMillen Ranch Addition. Motion carried 4—0. P & Z Commission Meeting May 17, 2005 Page 3 of 6 3. Consider a recommendation to the City Council regarding a Preliminary Plat for Lost Acre Addition. Subject property being a tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, being a 3.00 acre tract of land as recorded under County Clerk No. 96-0014543 of the Collin County Land Records. Ms. 011ie stated that the Preliminary Plat will create two residential lots totaling 3.00 gross acres. Lot 1 is 1.33 acres in size and Lot 2 is 1.38 acres in size. The property is within the Extraterritorial Jurisdiction of the city limits of Wylie, and will comply with the construction regulations of the County. Currently no sewer line connects with the surrounding properties. The property currently has an existing residence on Lot 1 which includes a septic system. The developer will dedicate 40 feet of right-of-way for existing East Brown Road. Fred Bemendorder, 2000 Avenue G, Suite 810, Plano, Texas, surveyor for the subject property, stated that the owner will be selling Lot 1 with the residence, and keeping Lot 2 for future development, but no plans have been designed as of yet. The purpose of the Preliminary Plat is to set the boundaries for the two lots. With no further questions for the applicant or staff, a motion was made by Commissioner Hennesey, and seconded by Commissioner Alexander, to approve the Preliminary Plat for Lost Acre Addition. Motion carried 4—0. 4. Consider a recommendation to the City Council regarding a Final Plat for Southbrook Phase II Addition. Subject property being a tract of land situated in the D.W. Williams Survey, Abstract No. 980 and being a portion of a tract of land conveyed to Beazer Homes of Texas, L.P., according to the deed recorded in Volume 5541, Page 2286 of the deed records of Collin County, Texas. Ms. 011ie stated that a Preliminary Plat for the subject property was approved on May 14, 2002. On February 2002, the subject property was zoned as a Planned Development District (PD 02-08), which specified no alleys for the lots on the east and north of the property. The property will create 131 single-family residential lots on 40.6225 acres. The PD established a minimum lot size of 8,000 square feet and lot width of 65 feet. The plat dedicates 2.5 acres open space, 0.68 acres of which is to count toward park dedication with the remainder of the park dedication requirement to be provided in cash or equivalent value of improvements. The Commissioner's approval of this plat will be contingent upon reconciliation of outstanding park dedication issues with City of Wylie Park staff. P & Z Commission Meeting May 17, 2005 Page 4 of 6 When Southbrook Phase One was approved by City Council, the applicant agreed to escrow the funds for improvements, however this has not been paid. The 0.68 acres complies with the park dedication for Phase Two only. Richard Hovas, Tipton Engineering, 6330 Broadway, Suite C, Garland, Texas, stated that the developer changed management teams and there was miscommunication on park fees. A check in the amount of$44,000 was paid last week. The agreement made with Parks and the developer was to go back to the original agreement of using the funds for improvements. This is the portion that is not in the floodplain. A motion was made by Commissioner Alexander, and seconded by Commissioner Hennesey, to recommend approval of the Final Plat for Southbrook Phase 2, contingent upon reconciliation of outstanding park dedication issues before the Council meeting on June 14, 2005. Motion carried 4—0. PUBLIC HEARINGS 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Planned Development (PD 01-14) District to Planned Development (PD) District to remove the current residential/non-residential ratio, property being located on the Southwest corner of Ballard Avenue and Brown Street at 311 N. Ballard Avenue (Zoning Case No. 2005-11). Ms. 011ie stated that the subject property was platted as Lot 17, Block 2 as the Brown and Burns Additions. The property is located on the southwestern corner of Ballard Avenue and Brown Street, two major thoroughfares. The lot is 65 feet wide and 125 feet deep, totaling 8,125 square feet in size. The lot is occupied by a building 3,386 square feet under roof (2,772 square feet air conditioned). In March 2001, the City Council approved a Planned Development District (PD 2001-14) to allow the construction of the structure and mixture of residential and nonresidential uses. The applicant desires to modify the PD which contains certain provisions that restrict the proportion of residential to nonresidential uses, and the required parking. The adopted PD provides that not more than 45% of the structure be used for nonresidential purposes. The applicant desires initially to utilize the building completely for nonresidential uses, but to retain the flexibility to use it either for completely nonresidential, completely for residential or any combination of these uses. P &Z Commission Meeting May 17, 2005 Page 5 of 6 The adopted PD provides that two on-site parking spaces shall be provided for the retail uses and two on-site spaces provided for the residential use, and that this on-site parking must be located to the rear of the lot. The proposed PD requires that four (4) on-site parking spaces be provided, located to the rear of the lot, and that the drive and garage may count toward the required parking. Four vehicles may be accommodated within the existing drive and garage, in compliance with this requirement. The Zoning Ordinance provides that within the DTH District parking for residential uses must be on-site, but that parking for nonresidential uses less than 4,000 square feet are not required to provide on-site parking but may utilize on-street parking, and that up to 25% of the required parking may be provided on-street. The Planning and Zoning Commission may grant variances for up to 75% of the required parking within the DTH District. The existing 2,772 square feet building will require fourteen parking spaces if used entirely for retail and personal services and ten spaces if used entirely for office uses. Frank Banfill, 1207 Mobile Lane, Wylie, Texas, applicant for the subject property, stated that the desired business is a missionary travel agency and general offices with no commercial walk-in. This would employ approximately ten employees. Concrete was added to the side which will allow a total of eight parking spaces in the rear of the property and there are two parking spaces located in the front. Commissioners discussed the parking requirements and the PD Conditions which includes retail. Commissioners expressed their concern of parking and traffic for the area if retail was included in the PD, especially with the property being located on the corner of Ballard and Brown. Mr. Banfill agreed to delete the retail use in the PD Conditions. Chairman Larson opened the Public Hearing. With no one coming forward to speak to the Commissioners, Chairman Larson closed the Public Hearing. A motion was made by Commissioner Hughes, and seconded by Commissioner Alexander, to recommend approval of zoning change 2005-11, with stipulation that Special Condition of the PD does not include retail and no variance for parking. Motion carried 4 —0. 2. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Commercial Corridor (CC) District to Special Use Permit (SUP) District to allow for Indoor Commercial Amusement, property being located at 1776 SH 78 North (Zoning Case No. 2005-12). Applicant is requesting that application be withdrawn. Ms. 011ie stated that the applicant is requesting to withdraw the application. P &Z Commission Meeting May 17, 2005 Page 6 of 6 Chairman Larson opened the Public Hearing. With no one coming forward, Chairman Larson closed the Public Hearing. A motion was made by Commissioner Alexander, and seconded by Commissioner Hennesey, to accept the withdrawal from the applicant on Zoning Change 2005-12. Motion carried 4 — 0. 3. 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 of varied densities, being a 185.1449 acre tract of land situated in the E.M. Price Survey, Abstract No. 725, the D.W. Williams Survey, Abstract No. 980, the Nathaniel Atterberry Survey Abstract No. 1099, and the William Sutton Survey, Abstract No. 860, Collin County, Texas and the E.M. Price Survey, Abstract No. 1114, Dallas County, Texas, said tract being all of a 53.42 acre tract of land and a 134.33 acre tract of land conveyed by deed to Mrs. Thelma Rice by Lone Star Boat Co., recorded in Volume 561, Page 226, Deed Records, Collin County, Texas. (Zoning Case No. 2005-13). Ms. 011ie stated that prior to the meeting tonight, the applicant submitted a request to table the subject item until June 7, 2005 meeting. Chairman Larson opened the Public Hearing. Karen McGinnis, 803 Bayou Court, Wylie, Texas, questioned the location of the zoning change from commercial use to single-family use, and if current building code would apply. Chairman Larson stated that the property is located at the intersection of FM 544 and Vinson Road at the triangle and the applicant is requesting the property to be a Planned Development District with conditions that will stipulate the building code, if different from the Zoning Ordinance. Chairman Larson closed the Public Hearing. A motion was made by Commissioner Hughes, and seconded by Commissioner Hennesey, to table the item until the June 7, 2005 Planning and Zoning meeting. Motion carried 4—0. ADJOURNMENT A motion was made by Commissioner Hughes, and seconded by Commissioner Alexander, to adjou the meeting at 8:00PM. Dennis Larson, Chairman Ma raty, Secretary