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05-20-2003 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting May 20, 2003 7:00 pm Notice was posted in the time and manner required by law and quorum was present. Commission Members Present: Staff Members Present: William Chapman Claude Thompson, Director Michael George Mary V. Bradley, Admin Assistant Don Hughes Terry Capehart, Assistant Mike Phillips Tony Snider Commissioners Absent: Jeff Adamcik Carter Porter CALL TO ORDER Chairman George called the Regular Meeting to order at 7:15 p.m. INVOCATION AND PLEDGE Chairman George offered the Invocation and Commissioner Phillips led the Pledge of Allegiance. CITIZEN PARTICIPATION No one appeared to speak. CONSENT AGENDA ITEM 1. Consider and act upon approval of the Minutes from the May 20, 2003, Regular Meeting. A motion was made by Commissioner Hughes, and seconded by Commissioner Chapman, to approve the Minutes as submitted. Motion passed 5-0. P&Z Commission Meeting May 20,2003 Page 2 of 5 PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agricultural (A)to Planned Development (PD) District for Village Center Mixed Residential and Nonresidential Uses, generally located east of County Road 389 (Forrest Ross Road) and south of Skyview Drive and north of Kansas City Southern Railroad, being all of that certain 94.16 acre tract as described in a deed to Arapaho East, Inc. recorded in Vol. 5108, Page 1984, and being all of that certain 49.247 acre tract as described in a deed to Arapaho East, Inc. recorded in Vol. 4242, Page 1505, Deed Records of Collin County, Texas, except for those certain called 16.48 and 5.5 acre tracts conveyed to Kansas City Southern Railroad in October 1998, and being in total a 121.11 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. (Zoning Case 2003-03) Thompson stated that the rezoning to a Planned Development (PD) District will allow a multi- use community comprising of single-family residential neighborhoods of varied densities and building types, retail uses and public open spaces. The property is zoned Agriculture (A) and is undeveloped except for several major water transmission lines. The surrounding properties are either occupied by the railroad or already developed for rural housing. The Concept Plan divides the overall property into three sections, generally along existing property ownership lines or roadway corridors. The Plan provides for the extension of Spring Creek Boulevard as Park Boulevard and allocates a Neighborhood Service retail center abutting this corridor. The PD establishes a maximum of single-family detached residential lots and dwellings at 352, including 50 lots for patio houses on 4, 000 square foot lots surrounding the retail uses, 210 single family residential lots of 7,200 square feet to the west and outer of the area, and 92 single family residential lots of 10,000 square feet to the eastern portion of the area. The overall gross residential density is established at a maximum 2.9 dwelling unit per acre. The specific lot sizes for the single family residential will be submitted as a Development Plan and Preliminary Plat with each subsequent phase of the development, and must generally comply with these allocations of the Concept Plan. Thompson reviewed the Conditions of the Planned Development and compared the proposed requirements to the Zoning Ordinance regulations. Seventy-four percent of the lots will be 7,200 square feet or smaller, and narrow lots with smaller setbacks are proposed. House sizes for the smaller lots are proposed to be smaller than the 1,700 feet of the Zoning Ordinance. Alleys will be provided except for the larger lots and double-fronting lots, and eight-feet wide trail will connect residences to retail and open spaces. Retail development will generally comply with the regulations of the Zoning Ordinance. The recommendation from Staff is denial because the proposal for smaller lots is not consistent with the recommendations of the Comprehensive Plan. P&Z Commission Meeting May 20,2003 Page 3 of 5 Allen Bussell, 1621 Amanda Court, Ponder, Texas, the engineer for the subject property, presented a slide show presentation of the proposed development concept. Bussell stated that there will be eight (8) acres dedicated to parkland rather than the required five (5) acres. Bussell stated that the properties to the north across Skyview are owned by the United States Army Corps of Engineers and the applicant has asked the City to consider leasing options so that the residences are connected to public open space and the lake. Commissioner Snider expressed support for such a direct connection with the lake and recommended orienting more of the lots for views or access to the lake. Bussell stated that the development connects to heavily trees and the development will preserve the trees with trails to the lake. He stated that the proposal is a concept and has not yet been engineered. The philosophy is to provide the same nice amenities for the smaller lots as other larger developments that are adjacent to a lake. The Commissioners and Bussell discussed the location of the trail and sidewalks connecting to the north by the marina. Bussell stated that the development will capitalize on the difficult shape of the property, the village center and the lake. Mark Stiles, 3708 Gwinn Court, Plano, Texas, represented the owner of the property, and stated that the proposal is to provide smaller lots which are currently marketable in this area, as of the two hundred thirty (230) new home sales in the Collin County area less than 50 are on the larger lots anticipated by the Comprehensive Plan. The village center concept creates a pedestrian- oriented easy access to the lake and retail services and supports smaller lots. Commissioner George opened the public hearing. With no one wishing to speak, Commissioner George closed the public hearing. A motion was made by Commissioner Snider, and seconded by Commissioner Hughes, to recommend approval with stipulations that future Development Plans reflect more natural amenities and the interior properties reflect stronger relationship to the lake. Motion carried 3 — 2, with Commissioner George and Commissioner Phillips opposing. 2. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Downtown Historic District (DTH) to Planned Development (PD) District for Mixed Uses including Indoor Commercial Amusements, located at 110 E. Oak Street, being Lot 7A, Block 18 of the Railroad Addition, City of Wylie, Collin County, Texas. (Zoning Case 2003-04) Thompson stated that the applicant is requesting a Planned Development District(PD) in order to install and operate an Indoor Commercial Amusement (game room) within a building currently being used for retail sales, mailboxes and snack shop. The parcel is 2,395 square feet and completely developed for the existing building, with the only available parking on the public street. Plans are to utilize the eastern portion of the building as an entertainment center for video games and billiards. P&Z Commission Meeting May 20,2003 Page 4 of 5 The Comprehensive Plan recommends Mixed Uses for the subject property, in keeping with the historic diversity of the old central area. On-street public parking spaces may count for 25 percent of the required parking for nonresidential uses within the downtown area, but the PD provides that no off-street spaces be required. The PD is intended to impose special conditions to make the game activities compatible with neighboring uses. Failure at any time to comply fully with the approved Conditions of the PD will result in the cancellation of the Certificate of Occupancy. Public Comment Forms were mailed to thirty-five (35) property owners within 200 feet of this request. Prior to the meeting, nine (9) Comment Forms have been returned recommending denial of the rezoning, therefore the City Council will be required to have a seventy-five (75) percent approval vote. The proposed video game machines are regulated by the State and the applicant must maintain appropriate certifications at all times. The Conditions of the Planned Development District limits the number of such game machines to 10 and requires that all prizes and awards be products or coupons redeemable on the premise. The PD establishes no age limits for operation of the games. The staff recommends denial. While most of the Conditions of the Planned Development District are sufficient to assure compatibility of the proposed amusement, the PD would allow two parking-intensive uses (restaurant and amusement) on a lot with no on-site parking and no documented arrangement for off-premises parking. Although either one of these uses alone is consistent with similar uses within the area and may be appropriate without additional parking, the proposed increase in parking-intensive uses will have negative impact on the limited on-street parking. On the other hand, on-site parking cannot be provided for any use on the subject property without redevelopment, and to impose the revision of the code on existing development could be considered to render the property useless without compensation. Norine Swanson, 110 E. Oak Street, Wylie Texas, represented the applicant, stated that the game room will occupy approximately 420 square feet. This includes a pool table and game machines. The coffee shop is 280 square feet. The total required parking is 8 spaces at any one time and the measurements in front of the building provide 7 spaces. She does not expect the retail and snack shop uses to require parking at the same time the games do, and she is still investigating sharing off-street parking with neighboring uses. Commissioner George opened the public hearing, and read into the record the comment forms submitted prior to the meeting against the proposed zoning. Bob Heath, 102 N Ballard, Wylie Texas, represented property owner of several buildings in the area, spoke against the zoning because some of the game machines are restricted to adults and such games often bring other problems. P&Z Commission Meeting May 20,2003 Page 5 of 5 Dick Sharman, 101 N Ballard, Wylie Texas, represented property owner of the hardware store across Ballard Street, spoke against the zoning due to the adult game machines. Commissioner Snider proposed to the applicant limiting the number of adult game machines to two of the total 10 or no age-limited machines. Swanson suggested allowing four adult game machines and the rest of the machines will require no age certification from the State. Motion was made by Commissioner Snider, and seconded by Commissioner Phillips to recommend denial based on the inclusion of adult game machines. Motion carried 3 — 2 with Commissioner Chapman and Commissioner Hughes opposing. ADJOURNMENT Motion to adjourn was made by Commissioner Chapman, and seconded by Commissioner Hughes. Motion passed 5-0, and the meeting was adjourned at 9:30 p.m. t� Ca - Michael George, Chairman M V. radley, Secret