08-17-2004 (Planning & Zoning) Minutes MINUTES
PLANNING AND ZONING COMMISSION
WYLIE MUNICIPAL COMPLEX
2000 Highway 78 North, Wylie, Texas 75098
Regular Business Meeting
August 17, 2004
7:00 pm
Notice was posted in the time and manner required by law and quorum was present.
Commission Members Present: Staff Members Present:
Dave Hennesey Claude Thompson, Director
Don Hughes Mary Bradley, Secretary
Dennis Larson Renae 011ie, Assistant Planner
Mike Phillips
Chris Seely
Kathy Spillyards
Commission Members Absent:
Red Byboth
CALL TO ORDER
Chairman Seely called the Regular Meeting to order at 7:08 pm.
INVOCATION AND PLEDGE
Chairman Seely offered the Invocation and Commissioner Larson led the Pledge of Allegiance.
CITIZEN PARTICIPATION
No one appeared to speak.
CONSENT AGENDA ITEM
1. Consider and act upon approval of the August 3, 2004, Minutes from the Regular
Meeting.
A motion was made by Commissioner Hughes, and seconded by Commissioner Larson, to
approve the minutes as submitted. Motion carried 5 —0.
2. Consider and act upon approval of the August 10, 2004, Minutes from the Joint Work
Session Meeting.
A motion was made by Commissioner Spillyards, and seconded by Commissioner Hennesey, to
approve the minutes as submitted. Motion carried 5 —0.
P & Z Commission Meeting
August 17, 2004
Page 2 of 8
ELECTION OF OFFICERS
1. Hold elections for Chair and Vice-Chair of the Planning and Zoning Commission.
Ballots were distributed to the Commissioners, and each Commissioner to cast their ballot for
both Chair and Vice-Chair. Mary Bradley, Secretary, tallied each vote and reported the results.
By majority, the Commissioners elected Chris Seely as Chair and Dennis Larson as Vice-Chair.
ACTION AGENDA
1. Consider a recommendation to the City Council regarding a Development
Plan/Preliminary Plat for Woodbridge North, Phase 1, being all of a certain 27.6438 acre
tract of land generally located west of Hooper Road and south of F.M. 544 and the
Regency Business Park Phase II Addition, said tract being part of the tract of land
described in a deed to Ben L. Scholz, et. al. as recorded in Volume 3282, Page 804 of the
Deed Records of Collin County, Texas, being situated in the William Sachse Survey,
Abstract No. 835, City of Wylie, Collin County, Texas.
Due to a potential conflict of interest on this agenda item, Chairman Seely departed the Council
Chambers.
Thompson stated that the Development Plan/Preliminary Plat will create 207 residential lots for
attached dwellings, an amenity center, and six common areas to be maintained by the
Homeowners Association. The subject property totals 27.6438 acres in size.
The subject property was zoned as a Planned Development District (PD 2003-01) in January of
2003. The plat creates 96 duplex lots on approximately 17.25 acres to the eastern side of the
tract, and 111 townhouse lots on 10.39 acres to the west.
Thompson reviewed the Development Standards of the PD and stated that the duplexes will be
developed in accordance with the standard requirements of the Townhouse District of the Zoning
Ordinance, providing a minimum lot size of 3,500 square feet and lot width of thirty (30) feet.
The townhouses will comply with special regulations of the Planned Development District,
allowing a minimum lot area of 2,200 square feet with a lot width of twenty-two (22) feet.
The Plat realigns Hooper Road, and until the proposed Woodbridge Parkway is extended to
connect with Country Club Road, Hooper will serve as the major entry to the development. A
second point of access/egress is provided for emergency circulation through the existing
Regency Drive which currently ends at the northern line of the subject property.
Staff recommends approval, and the departments of Planning, Engineering and Fire concur with
this recommendation.
P & Z Commission Meeting
August 17, 2004
.. Page 3 of 8
Scott Ramsey, Herzog Development, 9696 Skillman Street, Suite 210, Dallas, Texas, represented
the developer of the subject property, and stated that the proposed Woodbridge Parkway will be
extended from the City of Sachse across the railroad crossing and will intersect with the subject
development.
A motion was made by Commissioner Hennesey, and seconded by Commissioner Hughes, to
recommend to the City Council approval of the Development Plan/Preliminary Plat. Motion
carried 4 — 0. Commissioner Phillips being absent for the motion and vote, and Chairman Seely
was absent from the room due to a conflict of interest.
Chairman Seely re-joined the meeting and Commissioner Phillips joined the meeting at 7:30PM.
PUBLIC HEARINGS
1. Hold a Public Hearing and consider a recommendation to the City Council regarding a
change in zoning from Agriculture (A) District to Single Family Residential (SF-10/19)
District. Subject property being all of a certain 14.7751 acre tract of land generally
located east of Troy Road and north of County Line Road, being part of tract of land
deeded to Ishmael Leon Whitsell and wife as recorded in Volume 44, Page 204 of the
Deed Records of Rockwall County, Texas, and part of a tract conveyed Lola M. Kinser as
recorded in Volume 40, Page 591 of the Deed Records of Rockwall County, and situated
in the L.B. Outlaw Survey, Abstract No. 173, City of Wylie, Rockwall County, Texas.
(Zoning Case No. 2004-15)
Thompson stated that the subject property was annexed into the City on June 8, 2004, and was at
that time zoned as Agriculture (A) District. The applicant desires to rezone the property to
Single Family 10 Residential (SF-10/19) in order to divide the property into lots of at least
10,000 square feet. The subject property totals 14.776 acres, and is undeveloped forest and
pasture lands.
On July 27, the City Council denied a request by the applicant to waive the alleys that are
required by the Subdivision Regulations. When platted, the development must provide alleys as
well as comply with all other requirements of the Zoning Ordinance.
Thompson reviewed the zoning and existing developments surrounding the subject property and
stated that the applicant also owns the lake-fronting property to the east of the City of Garland
power transmission corridor as well as the property to the south of the subject property.
Staff recommends denial, because the request does not comply with the specific
recommendations of the Future Land Use Map to provide larger lots throughout the Exterritorial
Jurisdiction. The request does conform to the general philosophy of the Comprehensive Plan to
provide decreasing densities of residential as distances increase from neighborhood retail
(currently zoned on County Line Road), as well as the development trends to smaller lots in the
immediate vicinity.
P &Z Commission Meeting
August 17, 2004
Page 4 of 8
Commissioner Hennessey questioned the road and fire safety of the development. Thompson
responded that safety is a major interest of the standards set forth in the Zoning Ordinance and
Subdivision Regulations, which require concrete streets and larger setbacks around houses, and
the proposed development will abide by those requirements.
Chairman Seely questioned the park fees. Thompson stated that the current park dedication is
five (5) acres per 100 lots or dwelling units, and developments of less than 100 units must pay
fees in lieu of dedicating park land.
Chairman Seely opened the Public Hearing.
Phil Clegg, WM Watermark 19, 1771 International Parkway, Suite 127, Richardson, Texas,
represented the owner of the subject property, stated that the alley waiver was denied by City
Council without comment by the applicant and the decision will be appealed. The subject
property does abut to High Noon Drive in the Sunrise Beach Subdivision in the unincorporated
county, but the proposed development will probably not connect to it. The layout of the
proposed development will be approximately 42 lots.
Chairman Seely closed the Public Hearing.
A motion was made by Commissioner Hughes, and seconded by Commissioner Larson, to
recommend to the City Council approval of the Zoning Change 2004-15. Motion carried 6—0.
2. Hold a Public Hearing and consider a recommendation to the City Council regarding a
change in zoning from Neighborhood Services (NS) District to Community Retail (CR)
District. Subject property being all of a certain 11.429 acre tract of land generally located
east of Country Club Road (F.M. 1378) and north of West Brown Street (F.M. 3412),
being part of tract of land deeded to Ronald J. Johnson as recorded in Volume 5142, Page
3171 of the Deed Records of Collin County, Texas, and all of a 0.50 acre tract conveyed
Ronald J. Johnson as recorded in Volume 5180, Page 1067 of the Deed Records of Collin
County, and situated in the Charles Atterbury Survey, Abstract No. 22, City of Wylie,
Collin County, Texas. (Zoning Case No. 2004-16)
Thompson stated that the subject property totals 11.429 acres and fronts approximately 615 feet
along Country Club Road (F.M. 1378). The property is undeveloped and has never been platted
as an official lot of record. The applicant desires to rezone the property to Community Retail
(CR), in order to allow uses currently not permitted within the Neighborhood Services (NS)
District. No specific uses or development plans have been provided for any portion of the site.
A Site Plan will be required at the time of development.
P & Z Commission Meeting
August 17, 2004
Page 5 of 8
Thompson reviewed the zoning of the surrounding properties and stated that the applicant has
not demonstrated that the current NS classification of the subject property unduly hinders its
development potential. Although the requested more-intensive Community Retail may be
appropriate for this entire corner, the limited scale of this request constitutes inappropriate spot
zoning and staff recommends denial.
Chairman Seely opened the Public Hearing.
Ron Johnson, 650 Country Club Road, Wylie, represented the property owner of the subject
property, expressed desire to table the request until the neighboring properties can be included in
the rezoning and he has not been able to contact the owners. With the Comprehensive Plan
under consideration for review, Mr. Johnson asked direction from the Commissioners on
changing the zoning now or waiting until the revision of the Comprehensive Plan is completed,
to obtain a general idea of what type of zoning is appropriate for this corner. After discussing
with Commissioners the varied merits of Neighborhood Service and Community Retail, Mr.
Johnson requested to withdraw the request.
Chairman Seely closed the Public Hearing.
A motion was made by Commissioner Hughes, and seconded by Commissioner Phillips, to
accept the withdrawal of the zoning request from the applicant. Motion carried 6—0.
3. Hold a Public Hearing and consider a recommendation to the City Council regarding a
change in zoning from Agriculture (A) and Neighborhood Services (NS) Districts to
Planned Development (PD) District for mixed uses including retail, multi-family and
singly-family residential of varied types and densities. Subject property being all of a
certain 214.18 acre tract of land generally located in the south corner of South Ballard
Avenue (Sachse Road) and Pleasant Valley Road (C.R. 378), being part of a 118.67 acre
tract of land deeded to Grove Farm, Ltd. as recorded in Volume 5317, Page 5455 of the
Deed Records of Collin County, and Volume 2002250, Page 5070 of the Deed Records
of Dallas County, and part of a 38.129 acre tract conveyed Joy Grove Bruner as recorded
in Volume 555, Page 232 of the Deed Records of Collin County, and part of a 38.13 acre
tract deeded to Joy Grove Bruner as recorded in Volume 3535, Page 292 of the Deed
Records of Collin County and Volume 91100, page 1278 of the Deed Records of Dallas
County, and situated in the Guadalupe De Santos Survey, Abstract No. 1384, City of
Wylie, Collin and Dallas Counties, Texas. (Zoning Case No. 2004-17) Applicant is
requesting to table the item until the September 7,2004 meeting.
Chairman Seely stated that this item was requested to be tabled following it being published and
notified. No information is included within the packet, therefore, the Commissioners can not
discuss or respond to any statements. Due to a conflict of interest on this agenda item, Chairman
Seely departed the Council Chambers.
P & Z Commission Meeting
August 17, 2004
Page 6 of 8
Thompson stated that the applicant has requested that this item be tabled and considered on
September 7, 2004 meeting. A letter was sent by the Planning Department to all citizens who
have submitted Comment Forms notifying them of the change in hearing date. The file is an
open records item and can be reviewed in the Planning Department, but no information can be
shared with the Commissioners because the request is still in draft stage and subject to change.
Vice-Chair Larson opened the Public Hearing.
Joe Strong, 6405 Pleasant Valley Road, Wylie, Texas, adjacent property owner to the proposed
development, distributed an announcement of a Neighborhood Meeting on August 31, 2004 with
the developer Don Herzog.
Joe Thomas, property owner adjacent to the proposed development, questioned if the applicant
already owns the property or is the sale of the property relying on approval from the City for the
development. Thompson stated that the applicant and the property owner are participating in the
request, and is unaware of the state of the ownership change.
Vice-Chair Larson closed the Public Hearing.
A motion was made by Commissioner Phillips, and seconded by Commissioner Hughes, to
accept the request from the applicant tabling Zoning Case 2004-17, until the September 7, 2004
meeting. Motion carried 5 —0.
Vice-Chair Larson adjourned the meeting for a ten minute break at 8:50PM and Chairman Seely
rejoined and re-convened the meeting at 9:00PM.
4. Hold a Public Hearing and consider a recommendation to the City Council regarding a
change in zoning from Business Center (BC) District to Business Center with a Special
Use Permit (SUP) for warehouse and distribution use. Subject property located at 2803
Capital Street, being Lot 11, Block B of the Regency Business Park Phase II Addition,
and situated in the William Sachse Survey, Abstract No. 835, City of Wylie, Collin
County, Texas. (Zoning Case No. 2004-18)
Thompson stated that the subject property was created in 1987 as Lot 11, Block B of the
Regency Business Park Phase 2 Addition, and is currently zoned Business Center (BC) District.
With the adoption of the City-wide revision of the Zoning Ordinance and Map in November
2001, the property was rezoned from Industrial (I).
The applicant desires to use the facility for the warehousing and distribution of construction
material, and this type of use is allowed within the Business Center District only with an
approved Specific Use Permit. The proposed use was allowed within the previous Industrial
zoning. The previous occupant, an electrical contractor, was allowed because that business was
more showroom and retail than the current's request of warehousing and storage.
P &Z Commission Meeting
August 17, 2004
Page 7 of 8
The existing structure and site improvements were constructed in 2003, and in full compliance
with the current development requirements of the Zoning Ordinance. The proposed use requires
less parking than the previous use and the site provides more than the required parking.
Chairman Seely opened the Public Hearing.
Denisa Fleck, 15940 County Road 66, Farmersville, Texas, represented the applicant, stated that
the vehicles will be stored and unload/load materials inside of the building, and there will be no
outside storage. Most overnight vehicles will be parked on concrete outside the building and will
not be loaded with construction materials.
Chairman Seely closed the Public Hearing.
A motion was made by Commissioner Hughes, and seconded by Commissioner Spillyards, to
recommend approval to the City Council of the Specific Use Permit for Zoning Case 2004-18.
Motion carried 6—0.
WORK SESSION
Thompson led a discussion of the commercial component of the Comprehensive Plan. Each
location for commercial uses identified on the Plan was evaluated. It was generally concluded
that most areas either shown as Village Center in the Plan or already zoned Neighborhood
Services (NS) should be retained on the Plan as convenience retail, although the Village
relationship encouraging high-density residential adjacency is to be eliminated. A limited
number of areas should be designated for shoppers/comparison goods (the new WalMart,
Woodbridge on FM 544 between Regency and the high school and the Brown/Country Club
corner), but these centers should not compete or distract from the proposed new Community
Retail complex at Highway 78 and FM 544. Three levels of retail shown on the Plan should be
the same as within the zoning— i.e., Neighborhood Services for close-to-residences convenience
goods, Community Retail to provide comparison goods to serve several neighborhoods, and the
mixed-use intensive Corridor Commercial centers along the regional thoroughfares (although
care should be taken not to encourage strip commercial along all thoroughfares). Thompson said
that staff will provide criteria for each of these differing commercial functions at the next
discussion of the Comprehensive Plan.
P & Z Commission Meeting
August 17, 2004
Page 8 of 8
ADJOURNMENT
With no further discussion, a motion was made by Commissioner Hughes, and seconded by
Commissioner Hennessey, to adjourn the meeting at 10:12 p.m.
keneko,S0
Chas Seely,Chairman Ma Br ley, Secretary '.t*
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AFFIDAVIT STATING CONFLICT OF INTEREST
STATE of TEXAS
COUNTY of CoLLIN
CONIES OW,diri (Affiant),, of lawful age and upon being first duly
sworn alleges and states the following:
Affiant is a member ofthe ficLndjao, r of the it R of { 'lie, Texas, which is presently
considering or soon will be considering taking action is vote decision) which concerns a business entity or real
estate,to it: J"i p( RssQclo.,-1-es ,to which the affiant has a substantial interest, on the basis
of the following:
in .
Ownership of 10%or more ofthe voting stock or shares of the business entity; or
Ownership of either 10%% or more, or $15,000 or more of the fair market value of the business
entity: or
KFunds received by the affiant from the business entity exceed 10% of the affiant's gross income for
the previous year; or
Ownership of a legal or equitable interest in subject real estate with (said interest) having a fair
market value of$2,500 or more: or
Is related to a person(in the first degree, by consanguinity'or affinity, as determined under Chapter
573, Government Code), who has a substantial interest as such term is defined in Subsection
171.002 of the Local Government Code.
Affiant further acknowledges that they are required to abstain from further participation in the matter, if,
a) In the case of substantial interest in a business entity the action on the matter Arvill have a special
economic effect on the business entity that is distinguished from the effect on the public; or
b) In the case of a substantial interest in real property, it is reasonably foreseeable that an action on
the matter will have a special economic effect on the value of the property,distinguishable from its
effect on the public.
Provided however, that such abstention shall not be required if a majority of the members of the above named
governmental body are likmise re. aired to file, and do file, affidavits of similar interest on the same official action.
b5-i-e4;on Woo ALLOricli5e_N0041-1 e rie,v e tof e itec'eA, ;fr-uN
FURTHER AFFIANT SAUTE NOT
Affiant
Subs 'bed and Sworn before me the undersigned notary ublic by the above named (1417A-' gday
of
:ttlet?(/
Notary Publi wpotary Public,State of etas
'� o mission Expires Revised
. AUGUST 03, 2006
AFFIDAVIT STATING CONFLICT OF INTEREST
STATE of TEXAS
COUNTY OF coLLrN
COMES NO Ch Se— k (Affiant),of lawful age and upon being fin duly
sworn alleges and states the following:
Affiant is a member of the of the City,of Wylie,Texas, which is presently
considering or soon will be considering taking action (via vote or decision)which concerns a business entity or real
estate,to% it.: nil ,to which the affiant has a substantial interest, on the basis
of the following:
Ownership of 10%or more of the voting stock or shares of the business entity; or
_ Ownership of either 10% or more, or S15,000 or more of the fair market value of the business
entity; or
Funds received by the affiant from the business entity exceed 10%of the of i nt's gross income for
the previous year: or
Ownership of a legal or equitable interest in subject real estate with (said interest) having a fair
market value of$ , o0 or more: or
Is related to a person(in the first degree, by consanguinity or affinity, as determined under Chapter
573, Government Code), who has a substantial interest as such term is defined in Subsection
171.002 of the Local Government Code.
Affiant further acknowledges that they are required to abstain from further participation in the matter, if,
a) In the case of substantial interest in a business entity the action on the matter will have a special
economic effect on the business entity that is distinguished from the effect on the public; or
b) In the case of a substantial interest in real property,it is reasonably foreseeable that an action on
the natter will have a special economic effect on the value of the property,distinguishable from its
effect on the public.
Provided however, that such abstention shall not be required if a majority of the members of the above named
governmental body are likewise required to file, and do file, affidavits of similar interest on the same official action.
(.75\-aerrk je Zon Fcit?Inc 2..0D1/--/17.
FURTHER AFFIANT T ITH NOT 7
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Affiant
Subs► `bed and Sworn before me the undersigned notary public,by the above namedj/J/_,___ej this liflay
of I 04: ,
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C 1ROLE EHRLI H
A/Creat- *.- �� -� Notary Public,State of Texas
Notary Publi Commission ExpiresRevised I/99