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09-07-2004 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting September 7, 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: Red Byboth Claude Thompson, Director Dave Hennesey Renae 011ie, Assistant Planner Don Hughes Mary Bradley, Secretary Dennis Larson Chris Seely Kathy Spillyards Commission Members Absent: Mike Phillips CALL TO ORDER Chairman Seely called the Regular Meeting to order at 7:09 pm. INVOCATION AND PLEDGE Commissioner Byboth offered the Invocation and Chairman Seely led the Pledge of Allegiance. CITIZEN PARTICIPATION No one appeared to speak. CONSENT AGENDA ITEM 1. Consider and act upon approval of the August 17, 2004, Minutes from the Regular Meeting. A motion was made by Commissioner Hughes, and seconded by Commissioner Hennesey, to approve the minutes as submitted. Motion carried 6—0. P & Z Commission Meeting September 7, 2004 Page 2 of 9 ACTION AGENDA 1. Consider and act upon approval of a Site Plan for the Sargent Building, being all of a certain 0.9182 acre tract of land located at 2807 Capital Street, Regency Business Park Addition, Lot 9, Block B,City of Wylie, Collin County,Texas. Thompson stated that the Site Plan is for an office/warehouse facility. The building totals 8,000 square feet, and consists of 1,900 square feet dedicated to office space and 6,100 square feet for warehouse use. The lot totals 40,000 square feet or 0.9182 acre. The property has been platted since 1987 as Lot 9, Block B of the Regency Business Park Addition Phase 2. Mike Sargent, property owner of the subject property, stated that the undeveloped land in the rear of the property is a major water line easement from North Texas Water District and will be left as landscaped area. A motion was made by Commissioner Byboth, and seconded by Commissioner Larson, to approve the Site Plan for the Sargent Building 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) 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 to 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) Due to a potential conflict of interest on this agenda item, Chairman Seely departed the Council Chambers at 7:18PM. Thompson stated that the subject property totals 214.18 acres, and fronts approximately 3,700 feet along the south/east side of Sachse Road. Approximately 98 acres of the total is within Collin County and the remaining 116 acres is within Dallas County. P & Z Commission Meeting September 7, 2004 Page 3 of 9 The subject property was annexed into the City of Wylie in 1986, and most of the property was zoned as Agriculture (A) District. Approximately 30 acres in the intersection of Ballard/Sachse and Pleasant Valley was zoned for commercial uses in 1986, and this tract was rezoned in November of 2001 to Neighborhood Services (NS) with the City-wide revision of the Zoning Ordinance and Map. Thompson reviewed the zoning on the surrounding properties of the subject property, and stated that a majority of the properties are located within unincorporated Collin County and are unplatted rural homesteads and farm land. The applicant is requesting zoning to a Planned Development District (PD) in order to develop a master-planned community as the extension of the adjacent Woodbridge golf community. The Planned Development District proposes to maintain the south corner of Sachse and Pleasant Valley Roads as a community retail center, although smaller in size than the currently-zoned Neighborhood Services tract. The proposal includes multi-family apartments and single-family detached residences (duplexes and townhouses) on lots of 3,000 and 3,500 square feet, and single-family detached residences on lots ranging in size from 4,000 square feet to 10,000 square feet. The proposed Planned Development District will allow as many as 951 dwelling units, which includes 300 multi-family apartment units, and a total of 651 single-family units detached and attached in several different configurations. The 10,000 square foot lots are limited to 78 dwelling units, the number of lots for the 8,500 square foot will be 100, the 7,200 square foot detached single-family lots will be 90 and the 4,000 square foot patio houses will be 166. The detached houses totaling 434 lots and units, and the attached units will be duplexes and townhouses, which will be on individual separate lots, which produce 217 total unit lots, 93 of which will be townhouses following the regulations of the townhouse requirements of the Zoning Ordinance and duplex dwelling unit lots will be 124 which will follow modified development. The proposal does not meet the recommendation of the Comprehensive Plan, and in turn the Comprehensive Plan recommends that the total 214 acres be developed as large single-family detached lots. However, the Plan does not conform and comply with the zoning which has been in place on the property since 1999 for commercial uses which was in place since 1986. The Planned Development District provides that alleys not be required in the 10,000 square foot single-family lots, the 4,000 square foot patio home lots, the townhouse district and multi-family apartment districts. Alleys will be required in the 8,500 square foot and 7,200 square foot single- family lots and around the duplex district. Thompson stated that each phase of the development will come for approval from the Planning and Zoning and City Council as a zoning development/Preliminary Plat before submitted as Final Plat and development platting. P & Z Commission Meeting September 7, 2004 Page 4 of 9 The streets that are proposed will be 120 foot thoroughfare across the property which will straighten out the curve at Pleasant Valley and bring the Sachse Road/South Ballard closer and straighter into Pleasant Valley and a more direct route to 190 access to the south. Currently, that 120 foot thoroughfare dead-ends into a dedicated 50 foot local street right-of-way and the very large North Texas Water easement that is beside it. If developed according to the Final Plat on the Southwest Medical property, which is directly to the southeast where the thoroughfare comes out of the subject property and into Pleasant Valley, then there will have to be some modification made. However, the applicant is under negotiation for ownership for that property as well and will replat that property to accomplish the relocation of the thoroughfare. Thompson stated that there are three areas of concern and have not yet been verified by Staff, that are in the Planned Development Conditions. In section 5.09, of the PD Conditions the applicant is requesting that no storm water detention be required on the property, due to the water will directly discharge into Muddy Creek, which adjoins the property on the south. The City Engineer is recommending that this not be made into the Conditions because it does affect other jurisdictions, Federal, State, County and local municipal jurisdictions and needs to be studied further. In Section 5.10, the applicant proposes to dedicate the floodplain as open space, and the park department recommends that floodplain land not be accepted as park land. Parks is asking to reevaluate that floodplain not be credited toward Park Land Dedication. In Section 5.11, the applicant is requesting the perimeter street fee waived, and currently that fee is determined and payable at time of platting. Engineering recommends that future plats not be restricted but to appropriate each plat the request of waiver instead of placing it in the Planned Development Conditions. Therefore, staff is recommending denial of Sections 5.09, 5.10 and 5.11 and denial of the Planned Development as a whole due to not meeting the Comprehensive Plan which recommends the area be developed into one acre lot size. Thompson stated that the applicant submitted a letter, which was included in the packet, to table the request after tonight's meeting. The Commission has a right to either deny or approve, or deny/approve with certain stipulations, or table the application until a specific date in the future with agreement from the applicant. If tabled to a specific date let it be enough time to allow the applicant to respond as indicated and sufficient time to re-notify the public. Public Comment Forms were mailed to property owners within 200 feet of the proposed development, and 62 forms were received at the time of posting, two favoring the proposal and sixty opposing the development. In addition there were three comment forms received before the meeting and not yet verified, totaling 65 written comment forms. Most of these comment forms are within un-incorporated Collin County and the State Law requires that notification area is within municipal tax roll. The calculation on both the county property and city property, and the comments opposing represent approximately eight percent of the land within the notification area and is not subject to the twenty percent rule that would require three-fourths vote from the City Council. P & Z Commission Meeting September 7, 2004 Page 5 of 9 Don Herzog, Herzog Development Corporation, 9696 Skillman, Suite 210, Dallas, Texas, represented developer for the subject property, stated that the intention is to receive direction from the Commissioners and citizens surrounding the subject property at this meeting, then address the concerns and issues at a later date and forgo going to the City Council meeting on September 28, 2004. Herzog gave a slide-show presentation of the proposed development and stated that if the property is approved, the development will be as an addition to Woodbridge, the same standards will apply, and the same restrictive covenants will apply. There will be a mandatory membership to a homeowners association. The developer will reserve the rights for multi-family apartment developer and or builder to approve all building plans for single-family residences and non-residential uses. Herzog went over the constraints and the proposed land use for the development. The proposed development does propose to construct Pleasant Valley as a four-lane divided roadway, along the easement, which would serve as a median, then turn it up to Sachse Road. This would eliminate the 90 degree turn on Pleasant Valley Road onto Sachse Road. Herzog stated that the property is divided into two counties and there will be 632 dwelling units in Collin County and 319 dwelling units in Dallas County. The land within the City of Wylie in the original zoning case for Woodbridge consists of 445.3 acres of land with a maximum number of units of 865, and the proposed addition to Woodbridge of 951 dwelling units. When comparing the two developments, there are 653.8 acres or 1,816 dwelling units and using all the open space and the golf course at 2.8 dwelling units per gross acre. Herzog stated that the homebuyer is the ultimate customer, which means that people will purchase as much house as they can afford. Builders will build what the buyer can afford and demands and developers will develop communities providing lots for builders that consumer's desire. Herzog stated that at the neighborhood community meeting on August 31, 2004, a concern was expressed for the type of people who live in apartments, the developer of Woodbridge Villa Apartments located on State Highway 78, was contacted for demographics and occupants in the complex. The leasing agent does a credit and background checks on each of the applicants. Another concern involved the school districts and number of students per household and the cost to educate the student. Herzog stated that WISD Administration Office addressed the concerns and presented a comparison of tax revenue received from a multi-family project(Woodbridge P & Z Commission Meeting September 7, 2004 Page 6 of 9 Villa Apartments) and a single-family house and stated that the current tax rate is $1.80 per $100 appraised value; the district stated that the cost to educate a student is $6,757. The district uses a factor of 0.7 per student per household. The cost per household is then $4,279. Herzog stated that there are 94 children within the Woodbridge Villa Apartments, and assuming that all attend school, and dividing the child into each unit, leaves 0.4 students and the tax revenue per student is $2,880. Commissioner Byboth questioned the purpose of departure from the Comprehensive Plan as it is now. Herzog responded that the proposed development is not deterring from the Comprehensive Plan, the Plan calls for a Village Center Retail with high density surrounding, and the larger lots further away from the Village Center Retail area. Vice-Chair Larson opened the Public Hearing at 8:20 PM. The following citizens spoke against the proposed development, due to the impact of schools, the traffic and the lack of preserving the trees: Michael Fasang; William McCoy; Robert Marchell; The following citizen spoke against the high density and apartments: Gaila Morgan, Choya and Alexis Tapp, Eric Lindsey. The following citizens offered compromising suggestions for the development, but spoke against the development as submitted: Beth Johnson and Bennie Coomer. A motion was made by Commissioner Hughes, and seconded by Commissioner Byboth, to adjourn for a break at 9:00 PM and the meeting reconvened at 9:10 PM. After the meeting reconvened, the following citizens spoke against the development due to high density, traffic and affect on water pressure as well as the impact from over crowding the schools: Mark Ritchie, Al Stufft, Richard Rice, Jerry Hougan, Kelly Flores, Joe Strong, Eugenia Ayala, Kelly Rathheims, Jim Griffin, Cheryl Stufft, Alfred Alvarez, Katherine Flippo, Karan Tally, Francis Bauman, Barrie Foster, Tom Bauman, Chris O'Neal, Craig Sword, and Joel Hemphill. Mr. Jim Smith, 112 Martin Drive, expressed appreciation to the Commissioners for their service and encouraged all citizens attending to come to the City Council meeting on September 28, 2004, as this meeting was not the final decision. Vice-Chair Larson closed Public Hearing at 10:04 PM and offered Mr. Herzog a rebuttal to the comments. Mr. Herzog stated that the infrastructure will allow the sewer to flow to the new treatment plant on Pleasant Valley Road. The water is in East Fork Water Supply, no City of Wylie impact. The bonds have not been sold for the expansion of the widening of either Sachse or Pleasant Valley Road. P & Z Commission Meeting September 7, 2004 Page 7 of 9 A motion was made by Commissioner Hennessey, and seconded by Commissioner Hughes, to recommend denial of the zoning change due to the high density and straying from Comprehensive Plan. Motion carried 5 —O. Chairman Seely rejoined the meeting at 10:05PM. 2. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) District to Planned Development (PD) District for single-family residential development of varied densities. Subject property being all of a certain 185.1449 acre tract of land generally located west of FM 544 at Vinson/County Line Road, being part of a tract of land conveyed by deed to Mrs. Thelma Rice by Lone Star Boat Co., as recorded in Volume 561, Page 226 of the Deed Records of Collin County, Texas, (D.R.C.C.T.), and 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, City of Wylie, Collin County, Texas and the E.M. Price Survey, Abstract No. 1114, Dallas County Texas. (Zoning Case No. 2004-19) Thompson stated that the subject property is largely within unincorporated Collin and Dallas Counties and, is therefore, not subject to zoning by either the City or Counties. Annexation into the City of Wylie is to be considered by the City Council on September 28, 2004, and the property will be zoned as Agriculture (A) District. Approximately 170 acres of the total is within Collin County and the remaining 15 acres is within Dallas County, approximately 0.35 acre of the property (the southern most portions, within Dallas County) is already within the City of Wylie. The subject property fronts 2,138 feet along the west side of South Stone Road (old F.M. 544 South) and 1, 325 feet along Vinson Road on its south. The applicant is requesting annexation and zoning to a Planned Development District (PD) in order to allow only single-family detached residences (lots ranging in size from 6,000 square feet to 10,000 square feet). The Conditions of the PD propose to substitute a modification of the current development requirements of the Zoning Ordinance. The Planned Development District proposes three lot types, which differ in size and development requirements. The PD provides no plan or criteria by which these lot types will be distributed, and will be determined with the Development Plan/Preliminary Plat for each future phase of the development. Type A lots shall not be less than 10,000 square feet, and the number/proportion of this type of lot is not determined by the PD. The minimum dwelling size will be 2,000 square feet. Type B lots allocate that a minimum of 65% of the cumulative lots be 8,500 square feet in size. The minimum dwelling size will be 1,700 square feet. Type C lots allocate that no more than 35% of the cumulative lots be 6,000 square feet. The minimum dwelling size will be 1,700 square feet. P & Z Commission Meeting September 7, 2004 Page 8 of 9 Staff recommends denial. The proposal does not comply with the recommended densities of the Comprehensive Plan. No lots should be smaller than 10,000 square feet and approximately 1/3 of the area should have lots in excess of one acre. The special Conditions of the Planned Development District do not justify the proposed degree of modification from the standard requirements of the Zoning Ordinance and the PD provides no innovations or added value. Chairman Seely questioned the Planned Development Conditions on allowance of Day Care Facility. Thompson stated that the Zoning Ordinance requires that a Day Care Facility is allowed with a Special Use Permit, and the PD Conditions specify that a Day Care Facility be allowed without a Special Use Permit. Ryan Betz, Skorburg Company, 3838 Oak Lawn, Suite 1212, Dallas, Texas, represented the developer of the subject property, presented a power point presentation of the history of the property and previous requests for a zoning change, which were denied by the Planning and Zoning Commission. Betz stated that the builders contacted for building the development will be Drees, Grand, Paul Taylor, Standard Pacific, David Weekley, and Goodman. Commissioner Byboth stated that the builder does not matter, but the quality of the structure is important. Chairman Seely questioned the elevation requirement. Betz stated that the wording in the Planned Development Conditions will be revised stating that the point system within the Zoning Ordinance adopted 2001, and amended 2003, Village Residential District will be met. Commissioners questioned the lot size. Betz stated that the intention is to have 35% of the lots on 10,000 square feet or larger, no more than 65% ranging from 6,000 square feet to 8,500 square feet, but not less than 35% can be less than 8,500. Minimum house size is 1,700 square feet on 6,000 square foot lot, and 1,900 square feet on 8,500 square foot lot, and 2,000 square feet on 10,000 square foot lot. Commissioners discussed the lot size, and after discussion, Betz offered to have all lot sizes at 8,500 square feet with no 6,000 square foot lots. Commissioner Spillyards questioned the type of entry for garages, whether J-Swing, alley loaded or side entry. After discussing the type of entries, Betz agreed to have no front facing garages, the entry will be swing line or alley loaded. Chairman Seely opened the Public Hearing at 11:11 PM. Nancy Holloway, 806 Meadow Drive, Wylie, commended the applicant for making an attempt to comprise from the previous development proposed in May and the current development. The following citizens spoke against the zoning change: Brent Bates, Dan Truitt, Rick Foster, Albert Alvarez, and Frank Sword. Chairman Seely closed the Public Hearing at 11:35 PM. P & Z Commission Meeting September 7, 2004 - Page 9 of 9 Betz proposed a live Berm with split rail as the type of screening for the development and FM 544 and will be maintained by Homeowners Association. After discussing the screen wall that is required and the desire to have a buffer between the existing property owners and the proposed development, Betz offered to establish an edge, one lot deep, with plant screen on lots along the south eastern and northern property lines that have a minimum lot size of 10,000 square feet. Commissioner Byboth commended the applicant for comprising in efforts to amend current development with stipulations, as well as amending previous submittal. A motion was made by Commissioner Larson, and seconded by Commissioner Hennessey, to recommend approval to the City Council with the following stipulations in the Planned Development Conditions: That no lot shall be smaller than 8,500 square feet, maximum of 65% will be less than 10,000 square feet and the remainder will be greater than 10,000 square feet; to follow the standards of the Zoning Ordinance for Village Residential completely, except that no garages will face the street, the garages will be either swing-line drives or accessed by alley; the perimeter wall will be revised to allow for a unjunlately earthen berm with landscaping and split rail, the transitional zone of roman numeral 11 will be worded to include the north side as well and evergreen plants on the north side; and a edge, one lot deep, with plant screen of lots along the south eastern and northern property lines of this development that have a minimum lot size of 10,000 square feet, and a landscape berm and split rail fence shall be allowed along FM 544 in place of the required masonry screen wall and will be maintained by the HOA. All design standards in the Zoning Ordinance adopted November 2001, will be met as well as point system. Motion carried 5 — 1, with Commissioner Hughes opposing. WORK SESSION 1. The criteria used when converting the old Zoning Plan to the current Zoning Plan, which is the philosophy desired to be addressed in zoning changes in the future. 2. Land Use Distribution Philosophy, Thompson stated the wording is general and can be more specific. Thompson encouraged the Commissioners to review and decide if the criterion and or philosophy should be included in the Comprehensive Plan. ADJOURNMENT With no further discussion, a motion was made by Commissioner Byboth, and seconded by Commissio ' lyards, to adjourn the meeting at 12:00 a.m. Chris eely, hairman Mar ,Brad3U—Lt_c8 y, Secretary 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 f Affiant Subs► `bed and Sworn before me the undersigned notary public,by the above namedj/J/_,___ej this liflay of I 04: , f •---- --_ +3# a.a+t..}+t s#.. F } C 1ROLE EHRLI H A/Creat- *.- �� -� Notary Public,State of Texas Notary Publi Commission ExpiresRevised I/99