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06-07-2005 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 June 7, 2005 Notice was posted in the time and manner required by law and quorum was present. Commission Members Present: Staff Members Present: Scott Ames Mary V. Bradley, Secretary Eric Alexander Renae 011ie, Assist. Planner Red Byboth Claude Thompson, Planning Director Dave Hennesey Don Hughes Dennis Larson Commission Members Absent: Kathy Spillyards CALL TO ORDER Chairman Larson called the meeting to order at 7:05PM. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Byboth gave the invocation and Commissioner Ames led the pledge of allegiance. CITIZEN PARTICIPATION No one appeared to speak to the Commissioners. CONSENT AGENDA 1. Consider and act upon approval of the Minutes from the May 17, 2005 Regular Meeting. With no corrections or deletions, a motion was made by Commissioner Alexander, and seconded by Commissioner Hughes, to approve the minutes as submitted. Motion carried 4—0, with Commissioner Ames and Commissioner Byboth abstaining. P &Z Commission Meeting June 7, 2005 Page 2 of 6 ACTION ITEMS 1. Consider a recommendation to the City Council regarding a Final Plat for Creekside Estates Phase IV Addition. Subject property being a tract of land situated in the Lewis M. Marshall Survey, Abstract No. 594, and in the J. W. Mitchell Survey, Abstract No. 589, and being a part of that called 97.831 acre tract of land conveyed to Campbell/Wylie Partners by deed recorded in County Clerk No. 98-0032454, Deed Records, Collin County, Texas. Thompson stated that the Final Plat is Phase IV of Creekside Estates Addition, which was approved in 1999 as a Planned Development District (PD 99-32) and includes 51.4399 acres and will create 114 single-family residential lots. To date, three phases of single-family residential lots have been approved, creating a total of 455 lots as well as recreational and environmental open spaces. Gary DeFrain, Campbell Wylie, developer for the subdivision, stated that the retention pond will be maintained by the City. A twenty foot drainage easement is located behind the lots on Leslie Drive and Nathan Drive. A motion was made by Commissioner Hughes, and seconded by Commissioner Hennesey, to approve the Final Plat for Creekside Estates Phase IV Addition as submitted. Motion carried 6-0. 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 of varied densities, being generally located in the northwest corner of South Stone and Vinson Roads, and more specifically described as 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). Tabled from the 5/17/05 P & Z meeting. Thompson stated that the property is located west of South Stone Road (old F.M. 544) and north of Vinson Road totaling 185.1449 acres. The property was annexed into Wylie on September 28, 2004, and is zoned Agriculture (A). P &Z Commission Meeting June 7, 2005 Page 3 of 6 Five notifications were mailed and one written response received in opposition of the request, and is beyond the notification area. The request does not conform to the recommendation of the Comprehensive Plan for larger lots, nor does it offer innovations to justify a Planned Development other than variances from the regulations of the Zoning Ordinance. The proposed Conditions of the PD recommend a maximum of 450 Single Family lots with park and school. The minimum lot size is 7,500 square feet with 60 percent larger than 10,000 square feet and 10 percent larger than 12,000 square feet. The minimum dwelling size is 2,400 square feet. The proposal is exactly the same as that approved by the Planning and Zoning on March 1, 2005, but denied by the City Council on March 22, 2005. Ryan Betz, Skorburg Company, 3838 Oak Lawn, Suite 1212, Dallas, Texas, the developer for the subject property, stated that the City will maintain the parks, but homeowners association will maintain all berms, and amenity center. The amenity center will include an outside shower, and will be maintained by homeowners association. The builder will be Paul Taylor Homes. Chairman Larson reminded Mr. Betz of City Council's recommendation of larger lots, but also stated the concept was a good proposed PD with a good builder. Commissioner Byboth bargained with Mr. Betz to increase the minimum lot size to 10,000 square feet. Mr. Betz stated that the smaller lots will be adjacent to the manufactured houses and power lines. Chairman Larson opened the public hearing. Chad Jordan, 3105 Charles Court, Wylie, and Joel Hemphill, 509 Graham, Wylie, both spoke in favor of increasing the lot size with the dwelling size increased to 2,800 square feet. Chairman Larson closed the Public Hearing. Commissioners discussed with Mr. Betz increasing the lot size and dwelling size with the applicant. After discussing with Mr. Betz and no resolution made, Commissioner Hughes made a motion to close all discussion and make a motion. The motion failed with no second. P & Z Commission Meeting June 7, 2005 Page 4 of 6 Commissioner Byboth discussed the layout of the two-story houses. Mr. Betz stated that no less than 40% of the total dwelling size will be located on the second floor, and all houses will have architectural grade shingles. Commissioner Byboth stated that putting stipulation for the 60 percent on first and 40 on the second will take care of a lot of builders. Commissioners discussed the size of the lots along the perimeter. Mr. Betz stated the all lots along the perimeter will not be less than 10,000 square feet. Commissioner Byboth can not emphasize or legislate the type of builders within a development, but a personal suit will be filed by him if the development is built by a cookie cutter, box type builder. Chase Skorburg, Skorburg Company, 3838 Oak Lawn, associate with Mr. Betz, recommended taking out fifteen lots on the south of the park located south of Elm Drive and South Stone Road, which increases the percentage of the number of 10,000 square foot lots to 70 percent. Mr. Betz agreed with the recommendation. A motion was made by Commissioner Byboth, and seconded by Commissioner Hughes, to recommend approval to the City Council with amendments to the PD Conditions to include a minimum of 70 percent of the lot size will be 10,000 square feet or larger; all dwelling sizes will have 60 percent of the square footage on the first floor and 40 percent on the second floor; architectural grade shingles be utilized throughout the PD and all perimeter lots will be 10,000 square feet or larger. Motion carried 4 -2, with Commissioner Ames and Commissioner Hennesey voting in opposition. 2. 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 neighborhood retail services inclusive of multi-tenant retail, financial institutions with drive-thru, sit down fast food services with drive-thru and light automotive, being generally located on the southwest corner of Country Club Road (F.M. 1378) and Parker Road (F.M. 2514), and more specifically described as a tract of land situated in the William Patterson Survey, Abstract No. 716, Block 1, Tract 4, Collin County, Texas, and also being out of that tract as recorded in Volume 445, Page 15, Deed Records, Collin County, Texas and also being that tract as conveyed to Billy Joe Goen and Evalyn Goen, dated June 9, 1962, Deed Records, Collin County, Texas, and being a part of the William Patterson Survey, Abstract No. 716, Block 1, Tract 5, being out of that tract of land conveyed by J. T. Massey to Joe Taylor, et us by Deed dated January 26, 1952, recorded in Volume 445, Page 15 of the Collin County Deed Records. (Zoning Case No. 2005-10). Thompson stated that the property totals 2.138 acres in two separate parcels, and is located west of Country Club Road (F.M. 1378) and south of Parker Road (F.M. 2514). Six comment notifications were mailed to surrounding property owners, and no comment forms were returned. P & Z Commission Meeting June 7, 2005 Page 5 of 6 The requested retail/commercial uses conform to the recommendations of the recently- adopted Comprehensive Plan. The applicant is requesting Planned Development zoning in order to allow certain uses not currently allowed by right by the standard zoning. Parker Road will be realigned at some future date to remove the existing off-set jog, most likely by the extension of the western segment across Country Club. The exact route of this future alignment and how it may affect the subject property is unknown at this time. Stephen Schattner, Imperium Holdings, LP, 6350 LBJ Freeway, Suite 163, Dallas, Texas, represented the applicant for the subject property, stated that the property is bound by the cities of Lucas to the North, and St. Paul to the east. Mr. Schattner presented additional commercial and retail services to be allowed by right within the Planned Development along with a conceptual plan. All drive-through service window or car repair bay will not be located on any wall that is facing public streets. The Commissioners reviewed each use proposed with Mr. Schattner. Commissioners expressed concern of allowing a coin-operated car wash without special use permit versus a full service car wash. After the discussion, Mr. Schattner agreed to propose a full service car by right, and a coin-operated car wash with a special use permit. The definition of Food Processing is for a bakery only. Mr. Schattner requested that the stipulation for restaurants not include drive-in, and to include Financial Institution with and without drive-through, general office, and medical office to be allowed by right. Mr. Schattner agreed to propose the following uses with Special Use Permit: Animal Clinic or Hospital, Automobile Rental, Coin-Operated Car Wash, Equipment Rental, Home Improvement Center, and Household Equipment and Appliance Repair. Chairman Larson opened the Public Hearing. With no one coming forward to speak, Chairman Larson closed the Public Hearing. With no further discussion, a motion was made by Commissioner Alexander, and seconded by Commissioner Ames, with changes to the PD uses for neighborhood services with the following amendments: The following uses are allowed by right: Automobile Repair, Minor (no bay doors open to street), full-service car wash with attendant, club or lodge (non-profit), dry cleaning or laundry, drop off or self service, food processing (bakery only), general merchandise or food store, motor vehicle fueling station, personal service use, restaurant drive-through service, financial institution with and without drive-through, general office and medical office. The following uses are allowed only by Special Use Permit: animal clinic or hospital, automobile rental, coin-operated car wash, equipment rental, home improvement center, and household equipment and appliance repair. Motion carried 6 —0. Chairman Larson adjourned the meeting for a short break. Chairman Larson reconvened the meeting at 9:47P.M. P &Z Commission Meeting June 7, 2005 Page 6 of 6 WORK SESSION 1. Articles from Dallas Morning News and Wylie News. 2. Discuss potential revisions to the Zoning Ordinance to conform to recent changes in the Comprehensive Plan. Thompson reviewed articles from the Dallas Morning News and Wylie News, discussing the homebuilders and prices; and a letter from attorney discussing legislative changes, vested rights, open meetings and alcoholic beverage code. Thompson stated that the Comprehensive Plan, which eliminates 8,500 square foot lots and Single-Family Residence 8.5 and Single-Family Residence 30. The medium density is 10,000 square foot lots with a minimum dwelling 2,400 square foot house. Thompson encouraged the Commissioners to review the design standards and decide whether to delete the flexible design standards and make the desired become the standard. At the next meeting the Commissioners will provide recommendations to staff. ADJOURNMENT A motion was made by Commissioner Alexander, and seconded by Commissioner Hughes, to adjourn the meeting at 10:20PM. 43.4.• IP\ Dennis Larson, Chairman Maril Bray, Secretary CITY OF WYLIE 2000 S.H. 78 North •Wylie, Tx., 75098 972/442-8100 • Fax 972/442-8106 epfe(6 z 1 Request for Information Name: /7S -7 4Ii5 0441� Date: 7-�-ps— Address: 2)2, /ZOO yes(/r//e L/A l7/61)/ Request Iden, __` L i City/State Daytime Cont. &Im "" y, 1442 . Fax Number Please be advised 14 ^ •clic 0 nation, you are subject to a copycharge(.�- � /' of.10 for each page of your reque, .. t� Open Records Act, Sections 552.261 through 552.272, govern the charges Gam"' _ '�e information. Under Section 552.3 OWC(j2 i verbal request may require a written req uest quest to be submitted by the requ .Zded to include a request made by electronic mail or facsimile transmission, As a requestor, you may choose to have access to public information or copies of the information, or both. 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