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06-03-2003 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting June 3, 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: Michael George Claude Thompson, Director Don Hughes Terry Capehart, Planner Mike Phillips Carter Porter Tony Snider • Commission Members Absent: Staff Members Absent: Jeff Adamcik Mary V. Bradley, Secretary William Chapman CALL TO ORDER • Chairman George called the Regular Meeting to order at 7:05 p.m. INVOCATION AND PLEDGE Chairman George offered the Invocation and Commissioner Porter 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. Motion was made by Commissioner Porter, and seconded by Commissioner Snider, to approve the minutes as submitted. Motion passed 4 — 0, (Commissioner Phillips being absent at the time). P & Z Commission Meeting June 3, 2003 Page 2 of 8 ACTION AGENDA 1. Consider a recommendation to the City Council regarding a Final Plat for the Birmingham Farms Phase 14A and including a Replat of Lots 15-23, Block J, Birmingham Farms Phase 2A, being a certain 46.395 acre tract of land generally located south of the proposed Park Boulevard extension and east of Country Club Road (F.M. 1378), and including all of Lots 15-23, Block J of Birmingham Farms Phase 2A, as recorded in Cabinet N, Page 887 of the Plat Records of Collin County, Texas (PRCCT), and being situated in the Mercer Phalen Survey, Abstract No. 695, the D.W. Williams Survey, Abstract No. 1021, and the Charles Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. Thompson stated that the subject property includes 46.395 acres and will create 138 single-family residential lots and 4 common areas/open spaces to be owned and maintained by the Homeowners Association. Lots 15-23, Block J of the earlier approved and filed Birmingham Farms Phase 2A are being replatted as part of this Plat for Birmingham Farms 14A in order to extend Pickwick Lane north to Bessemer Drive to improve neighborhood access and traffic flow. The subject property is phase 1 of the larger Birmingham Farms Planned Development (PD 2002-40), which conforms to the Single Family 8.5/17 District requirements except that the minimum lot width is 65 feet and no alleys arc required. The property is part of the Planned Development Plan (PD 2002-40) approved by the City Council on September 24, 2002 and does comply with all of the applicable requirements set forth in the conditions. The park dedication fees in lieu of land will be provided, as provided by the PD. The right-of-way for the southern portion of Park Boulevard will be dedicated by this Plat, although the PD provides that no construction of Park Boulevard will be required by the developer but will rather be provided by the City and WISD. Prior to the issuance of any Residential Certificate of Occupancy within Phase 14, the developer and/or owner of the property will be required to construct a bridge with three lanes of traffic and a four feet wide pedestrian walkway connecting Park Boulevard. Westgate Way will be extended to the north end of Phase 14 to connect with Park Boulevard, but Sanden Boulevard will not be extended as a divided arterial road as previously planned and platted. Commissioner George asked if the bridge was part of the Plat. Thompson responded that the bridge is not part of this Plat and the creek corridor may never be platted. The agreement with the developer stated that the developer would build a bridge to align with the existing school drives and also create an access into the subdivision from Westgate Way. The alignment geometry and soils test needed to design the bridge have not yet been completed. P & Z Commission Meeting June 3, 2003 Page 3 of 8 A motion was made by Commissioner Hughes, and seconded by Commissioner Phillips, to recommend to the City Council approval of the Final Plat as submitted. Motion carried 4—1, with Commissioner Snider opposing. 2. Consider a recommendation to the City Council regarding a Final Plat for the Birmingham Farms Phase 14B, being a certain 34.488 acre tract of land generally located south of the proposed Park Boulevard extension and east of Country Club Road (F.M. 1378), and being situated in the Mercer Phalen Survey, Abstract No. 695 and the D.W. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas. Thompson stated that the subject property is 34.488 acres and will create 114 single- family residential lots and three common areas/open spaces maintained and owned by the Homeowners Association. Commissioner Phillips'questioned if lots 1 and 15 are large enough to build a house with the twenty-five feet side yards. Mr. Clint Vinson, with Centex Homes, 2800 Surveyor Boulevard, Carrollton, Texas, stated that Centex Homes has a product that is 43 feet wide and will fit on the lots 1 and 15. A motion was made by Commissioner Phillips, and seconded by Commissioner Porter, to recommend approval of the Final Plat to City Council. Motion carried 4 —1, with Commissioner Snider opposing. 3. Consider and act upon approval of a Site Plan for AutoZone, being all of a certain 1.047 acre (45,607 square feet) tract of land, generally located north of State I-Iighway 78 and east of F.M. 544, being part of Lot 2R, Block A of the 78 Corner Addition (Walgreens) situated in the S. B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas. Thompson stated that the subject property is 1.05 acres and proposed to be occupied by an auto parts retail store of approximately 5,400 square feet. The proposed replat is in the process as a Minor Plat to create the lot from the earlier approved Walgreens plat. The Site Plan does provide cross access with a frontage road to State Highway 78 to this development as well as properties to the east and west. Commissioner George asked how the dumpsters will be screened. Clark Smith, 111 West Main, Allen Texas, represented as the engineer for the subject property stated that a wood fence is planned to screen the dumpster. Commissioners responded that the Zoning Ordinance requires masonry, and requested the screening match the building masonry. Smith agreed to enclose the dumpster with masonry and will match the building masonry. P & Z Commission Meeting June 3, 2003 Page 4 of 8 In response to Commissioners' concerns, Smith stated that the overhead lights will not shine off property, and the City Engineer will review the sidewalks width as part of the infrastructure construction plans. Commissioner George stated that there is no space for a vehicle to maneuver in the parking spaces on the east and west side of the property. Smith stated that the paving will be extended in order to allow maneuvering of a vehicle on the east and west side of the property. A motion was made by Commissioner Porter, and seconded by Commissioner Hughes to approve the Site Plan with stipulation that the dumpster have masonry screening to match the building, and the paving extended on the east and west side of the property. Motion carried 5 — 0. 4. Consider and act upon approval of a Site Plan for Hayes Cleaning Service, being all of a certain 0.259 acre (11,282 square feet) tract of land, located at 2810 Exchange Street, being Lot 3, Block E of the Regency Business Park Addition Phase 2, and being situated in the William M. Sachse Survey, Abstract No. 835, City of Wylie, Collin County, Texas. Thompson stated that the request is to construct an office/warehouse on a vacant 11.282 square feet lot within the Regency Industrial Park now zoned Business Center. The proposed building totals 4,494 square feet, that includes an office area of approximately 1,588 square feet and a warehouse area of approximately 2,676 square feet. The lot was platted to the requirements of the previous Zoning Ordinance, vesting the right to develop in compliance with the dimensional requirements of the Industrial zoning in force at that time. The Landscaping and Architectural requirements of the new Zoning Ordinance will be met. Nina I-Iayes, 834 Meadowview Lane, Wylie, Texas, represented owner/applicant of the property, stated that the type of business is a cleaning service for newly constructed homes. There will no equipment storage outside and no outside dumpster. The only signage will be attached to the building. A motion was made by Commissioner Porter, and seconded by Commissioner Snider, to approve the Site Plan. Motion carried 5 —0. P & Z Commission Meeting June 3, 2003 Page 5 of 8 PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council regarding provision for a Special Use Permit (SUP) for Minor Vehicular (Boat) Repair within a Neighborhood Services (NS) District, located at 650 Country Club Road (F.M. 1378), being all of that certain 1.00 acre tract as described in a deed to Ronald J. Johnson, recorded in County Clerk's File No. 02-0077388, Deed Records of Collin County, Texas (DRCCT), and being part of a certain called 14.497 acre tract of land conveyed to Novid Properties, Inc., recorded in County Clerk's File No. 96-0076788, and being situated in the Charles Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. (Zoning Case 2003-05) Thompson stated that the applicant is requesting a Special Use Permit (SUP) in order to operate a Minor Vehicle Repair (boats only) in a vacant retail building. The subject property was previously occupied by the Walker/Roper Fence Company, and is one (1) acre in size. It is developed with a building of approximately 4,560 square feet, faced with masonry on the street front and metal on the sides, as well as associated concrete parking and fenced open space to the rear which is partially paved and partially gravel. The applicant is aware that the property must be platted prior to issuance of a Certificate of Occupancy. The Zoning Ordinance does not define a specific zone for boat or other such light vehicle repair, and staff defines Minor Automotive Repair as the closest listed use to the applicant's anticipated operation. Minor Automotive Repair is allowed within the Neighborhood Service District with a Specific Use Permit when all activity and operations are conducted within an enclosed structure and when service bays do not face public rights-of-way. Although the applicant anticipates the repair of boats only, it is considered that any similar minor vehicle repair likewise complies with the intent of the Ordinance, and this proposed Special Use Permit is not limited to boat repairs but will permit any such minor repairs. Commissioner Hughes questioned the amount of storage space behind the fence. Thompson stated that part of the storage area is paved and any additional land used for storage must be paved with concrete. A fence also encloses area beyond the one-acre site, but no outside storage will be allowed off of the one-acre site covered by the Specific Use Permit. Because the applicant was not present and the Commissioners had other questions for the applicant, a recommendation from Commissioner Phillips, and seconded by Commissioner Porter to table the item until the applicant arrived. Motion carried 5 — 0. The time was 7:46 p.m. P & Z Commission Meeting June 3, 2003 Page 6 of 8 2. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) and Townhouse (TH) to Planned Development (PD) District for Residential Uses, generally located west of Westgate Way and north of F.M. 544, being all of a certain 53.6 acre tract of land being comprised of parcels of land deeded to Wylie Realty Investments, L.L.C., recorded in Volume 5042, Page 2944 and in Volume 5007, Page 2266, and Tract 1 deeded to L.M.B. Partnership, Ltd. recorded in Volume 5159, Page 3104 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the E.C. Davidson Survey, Abstract No. 266, City of Wylie, Collin County, Texas. (Zoning Case 2003-06) Thompson stated that the applicant is requesting rezoning of the subject property in order to permit development of a single-family detached residential neighborhood and public open spaces. The proposal is intended to continue the residential patterns established by the Westgate neighborhood to the north and the townhouse and apartment developments to the east, and better address the property's adjacency to the railroad corridor. The proposed Planned Development District includes a total 53.6 acres of land, and is currently being consolidated under single ownership. The Development Plan for the PD provides a monumental divided entry street approximately mid-way along the Westgate Way frontage as the primary access to the subdivision and envisions the extension of Fleming Street westward as a secondary entry along the north. The Conditions of the Planned Development District establish the maximum possible number of single-family detached residential lots and dwellings at 200 and a maximum density of 3.75 dwelling units per acre. The PD Conditions provide a minimum lot size of 7,000 square feet and minimum dwelling size of 1,600 square feet. Thompson compared the Conditions of the Planned Development District with the regulations of the SF 8.5/17 District of the Zoning Ordinance. These modifications generally include narrower lots (100 feet rather than 70 feet) and smaller yard setbacks, as well as the smaller proposed lot size of 7,000 square feet and dwelling size of 1,600 square feet. The proposed Conditions of the Planned Development District waives the alley requirement. The proposal states that 25 percent of the lots will have garages accessed by side entries and utilities will be along the front of the lot. Thompson stated that alleys are not appropriate when lots back onto floodplain/open space or the railroad corridor or major thoroughfare such as those, which bound the subject tract leaving only the three interior streets where alleys maybe appropriate. The PD proposes to dedicate approximately 6.5 acres of land as public park, compared to the 3 acres required by the Wylie's Park Dedication regulations, including a linear trail corridor of approximately two acres along the southern boundary adjacent to the railroad corridor and four acres of floodplain to the northwest. The Park Board did review the PD and recommends there be a 20 feet access easement between two lots in order to provide P & Z Commission Meeting June 3, 2003 Page 7 of 8 access to the open space floodplain on the northwest. Since floodplain land cannot be dedicated as park land, the Board recommends that the two-acre linear trail area be owned and maintained by the Homeowner's Association and funds be proved in lieu of land for the total park dedication. Commissioner Hughes questioned the future plans of Fleming Street on the west of Westgate Way. Thompson stated that Fleming will not be continued as a thoroughfare, but will be reduced to a local street within the subdivision. Rob Adams, 500 Nohen Drive, Southlake, Texas, represented developer of the subject property, agreed to the dedication of twenty-feet right-of-way for open space access in northwest corner of PD. Commissioners questioned the type of fence for the lots to the northwest. Adams agreed to a wrought iron fence on the lots backing to open space. Commissioners discussed with the applicant the variance of masonry. Adams agreed to have 100 percent masonry on all single story houses and all houses, which back onto Westgate Way and on all walls facing a street. All other houses will be at least 75% masonry. Commissioner George recommended adding larger lots on the west along the floodplain. Adams agreed to provide lots with 74 feet widths along the west side. Commissioner Porter stated that Fleming and Cedar Creek Drive is mislabeled on the exhibit received in the packet. Cleburne Smith, 4050 West Park Boulevard, Piano, Texas, representative of Legacy Homes, stated that Fleming and Cedar Creek Drive will be corrected before submittal to City Council. Commissioner George adjourned for a break at 8:50 pm and reconvened at 9:00 p.m. Commissioner George opened the public hearing. Pete Choate, Dallas, Texas, represented owner of property to north of PD and the Nortex Nursery tract spoke in favor of the PD, stating that the proposal conforms with the existing neighboring development and the current market in Wylie. Mr. Choate stated that he believes that there is no market for the one-acre lots recommended by the Comprehensive Plan. With there being no one else wishing to speak, Commissioner George closed the public hearing. P & Z Commission Meeting June 3, 2003 Page 8 of 8 A motion was made by Commissioner Hughes, and seconded by Commissioner Porter, to recommend approval to City Council with the following stipulations: 1) Wrought iron fences to rear of lots adjacent to open space on west side; 2) All houses with a street side and those backing onto Westgate Way will be one-story and have 100% masonry but all other houses being at least 75% masonry; 3) Add larger lots along the west side with minimum 74 feet wide fronts; 4) A trail access of at least 20 feet wide is to be dedicated in the north west corner. Motion carried 4 — 0, with Commissioner Snider having departed the meeting. Commissioner George reopened Public Hearing item 1 (Zoning Case 2003-05) without the applicant present. Thompson stated that the Commissioners could either table the item until the applicant is present or make a motion to recommend approval or denial to the City Council and may make whatever stipulations desired for approval. Commissioner George recommended that the dumpster be enclosed with masonry matching the existing building. Commissioner Porter recommended a four feet high wainscot of brick with accent to match existing front facade be added on the south side of the building. Commissioners recommended that landscaping comply with the current code. A motion was made by Commissioner Porter, and seconded by Commissioner Hughes, to recommend approval with the following stipulations: 1) Masonry enclosure for dumpster to match the building masonry; 2) Landscaping to meet the current code; and 3) Add 4 feet high wainscot of brick with accent to match existing façade on the south side of the building. Motion carried 4 — 0. ADJOURNMENT A motion was made by Commissioner Porter, and seconded by Commissioner Hughes, to adjourn the meeting at 9:36 p.m. Motion passed 4 — 0. • Michael George, Chairman erry ap hart, ssistant Planner