Loading...
08-05-2003 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting August 5, 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: Red Byboth Claude Thompson, Director Michael George Mary Bradley, Admin. Assistant Don Hughes Terry Capehart, Assistant Planner Carter Porter Chris Seely Commission Members Absent: William Chapman 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 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 July 15, 2003, Regular Meeting. Thompson stated that Building Official Dale Jackson recommends changes on page 4, paragraph 4, deleting "Wood siding and vinyl is not allowed" and inserting "We should allow more flexibility for materials used for infill lots, with staff approval rather than Planning and Zoning", and change the Planning and Zoning to "Commission" in the last sentence of the same paragraph. P & Z Meeting August 5, 2003 Page 2 of 8 A motion was made by Commissioner Porter, and seconded by Commissioner Hughes, to approve the minutes with changes noted. Motion carried 5 — 0. PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Single-Family 20/21 (SF-20/21), located west of F.M. 544 and south of the Stoneridge Farms Addition, being a 34.306 acre tract of land as described in a deed to William L. Collins recorded in Volume 309, Page 285, Deed Records of Collin County, Texas, situated in the A. Atterbury Survey, Abstract No. 23, City of Wylie, Collin County, Texas. (Zoning Case 2003- 07) Thompson stated that the 34.306 acre tract was annexed into the City of Wylie in July of 2002 and is zoned agriculture (A). The applicant is proposing to rezone to Single-Family Residential (SF 20/21) District in order to develop a subdivision of single-family residences on half-acre lots. The Park and Recreation Advisory Board has not yet reviewed the proposed park dedication and trail connection. Thompson also shared a marked up site plan showing how one-acre lots could be platted and still maintain looped streets and utilities. Thompson stated that Public Comment Forms were mailed to property owners within 200 feet of this request, and at the time of posting only one Comment Form was returned. However, since that time three additional Forms were received, all opposing the request, and later responses were made available to Commissioners. Staff recommends denial because the proposal does not comply with the recommendations of the adopted Comprehensive Plan or with existing adjacent development patterns, and the property reflects no physical constraints to development which justify the smaller lots proposed. Chairman George questioned the availability for City sewerage system for the development. Thompson stated that the closest gravity main available for connection will require an easement across a private lot to the west of the subject property, although there is also a connection across F.M. 544, in the Bozman Farms Planned Development. Chairman George questioned the reason for half-acre lots versus the Comprehensive Plan's one-acre lots. Commissioner Byboth expressed concern of the number of smaller lots within the City of Wylie and encouraged larger lots. Harry James, 1171 International Parkway, Suite 127, Richardson, Texas, represented the developer, stated that the area market does not dictate one-acre lots and due to the slowing economy building half-acre lots is necessary. The proposed development will be a quality subdivision with walking trail connection from Bozman Farms, the park and school to the west, if an access easement is purchased from the property owner. P & Z Meeting August 5, 2003 Page 3 of 8 Mr. James stated that the gas line easement to the north of the property can not be utilized for open space and trail as it does not directly connect to schools and parks, and this area will be platted as lots and maintained as private property. The Homeowners Association will maintain the park areas if the City does not accept them as public dedication. However, the developer believes that some connection should be opened to the school and park to the west and east. Thompson stated that the normal development process is to get land zoned, engineering done, and then line up a builder or several builders, which promotes some premature planning and zoning. The current flexible development regulation is intended to reduce such premature development. A Site Plan or Zoning Exhibit, with a tabulation showing the architectural and landscaping requirements as well as lots and setbacks, is required at all rezoning. Chairman opened the Public Hearing. Jamie VanEaton, 1001 Oakbrook, Wylie, Texas, spoke in opposition of the rezoning, and encouraged the Commissioners to follow the Comprehensive Plan recommendations. Commissioners questioned if sufficient space is available for building on the lots with the easement to the north of the property. Thompson stated that structures can not be built on an easement but that fence and parking can be built and that all lots are proposed with sufficient building area. Paul Molesworth, 811 Oakbrook, Wylie, Texas, spoke in opposition of the rezoning, and expressed concern of the noise which smaller lots and homes will create in this rural area and encouraged the Commissioners to follow the Comprehensive Plan. Gary James, 1031 Oakbrook, Wylie, Texas, spoke in opposition of the rezoning, and encouraged the Commissioners to abide by the Comprehensive Plan. Commissioner Byboth questioned the procedure for annexing the subdivision Twin Oaks, which is to the south of the property. Thompson stated the State is moving toward no septic tanks, and the State is allowing the city to take in such properties located within the extraterritorial jurisdiction that can be served with city utilities, such as water and sewer. The City can not annex land involuntarily, but responds to voluntary annexation. However, the Twin Oaks development has other problems, such as dead-end street too long for fire service, and annexation may not be a viable decision. Linda Housewright, 1645 E. FM 544, Wylie, Texas, spoke in favor of the rezoning and stated that the development would be an economic benefit to the area. P & Z Meeting August 5, 2003 Page 4 of 8 Skip Klinefelter, 1771 International Parkway, Richardson, Texas, represented as the developer, stated that there are several ways to loop streets and connect to sewer, and to the parks with half-acre lots, but creation of one-acre lots limits these options. Chairman George questioned the location of the walking trail. Klinefelter stated that the requirement for a sidewalk is five feet wide and the proposal is an eight-foot wide trail. Thompson responded that the base requirement for sidewalks is four-feet wide and points are given for five-feet wide, but trails must be at least eight-feet because they accommodate both pedestrian and bicycle use. Many park trails are ten to twelve feet wide, with wider soft trail equestrian horses beside the concrete trail. Dorothy Molesworth, 811 Oakbrook, Wylie, Texas, spoke in opposition of the rezoning and expressed concern for the animals on private property if school children increasingly cut through the property. Klinefelter stated that the location of the walking trail is in the front of the houses in the subdivision, which can be policed for safer use and will prohibit others from cutting through property. Chairman George closed the public hearing. Mr. James rebutted stating that the major difference between half-acre and one-acre lots is not the front width but the depth of the lot, so that there is minimal visual difference from the street. A motion was made by Commissioner Byboth, and seconded by Commissioner Porter, to recommend denial of the rezoning, for ZC 2003-07, because the proposal does not conform to the Comprehensive Plan. Motion carried 4 — 1, with Commissioner Hughes opposing. Chairman George adjourned the meeting for a break at 8:50 p.m. and reconvened the meeting at 9:00 p.m. 2. 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 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- 08) P & Z Meeting August 5, 2003 Page 5 of 8 Thompson stated that the applicant is requesting rezoning of the subject property in order to permit a master planned multi-use community comprising single-family residential neighborhoods of varied densities and building types, retail uses and public open spaces on a 121 acre tract of land. Thompson reviewed the Concept Plan for the Planned Development District which divides the overall property into three distinct tracts. The western tract totaling 29 acres proposes 8,500 square feet Single-Family residential lots and public park land, as well as some Neighborhood Services (NS) retail. The central tract of 55.5 acres proposes Neighborhood Service retail, patio houses designed to Townhouse regulations and 8,500 square feet Single-Family lots, as well as a public park. The eastern tract of 36.5 acres proposes Single-Family residences on one acre lots. Chairman George questioned the difference between the current proposal and the request for a rezoning denied in June. Thompson stated that the earlier request would have allowed 352 lots or a density 3.2 dwelling units per acre. The current request attempts to address the earlier concerns of high-density and provides a density closer to that recommended by the Comprehensive Plan. The Conditions of the Planned Development District limits 293 residential lots including 80 lots for detached patio houses and/or attached townhouses, 185 lots for 8,500 square foot detached lots and the remaining 28 lots of one acre or larger. This is a density of 2.4 dwellings per acre. When considering the neighboring 31.4 acres of Corps of Engineers open space, the effective density is 1.9 units per acre. Allen Bussell, Greg Edwards Engineering Services, Inc., 1621 Amanda Court, Ponder, Texas, represented the developer, stated that every tract of the Planned Development will connect with five-foot sidewalks or walking trail, so residences are within walking distance of the retail and open spaces. There was discussion on the placement of the sidewalks. Bussell stated at this time no definite layout of the sidewalk is determined, but one option is to integrate the sidewalk into an easement on a lot, which separates the sidewalk further from the street. Mark Stiles, K & B Developments, represented one of the owners of the development, stated that the adjacent property is owned by the United States Army Corps of Engineers, which surrounds and intertwines with the subject property. Developers have discussed possibly leasing the Corps open space to City of Wylie as a preserve park, but the City does not want such maintenance responsibility. The proposed development will use the open space regardless of ownership. Stiles stated that the proposed development will serve to stimulate redevelopment of the deteriorated residential area by adding better street access and retail services. Chairman George questioned the location of the Village Center and the Townhouses along Park Boulevard. Bussell stated that this is a Concept Plan and such details can be addressed when each tract is submitted for separate Development Plan and Preliminary P & Z Meeting August 5, 2003 Page 6 of 8 Plat at a later date. Thompson stated that Park Boulevard is still in the design stages; therefore the elevation of the proposed retail and townhouse property along Park Boulevard is not determined. Mr. Stiles stated that several builders are interested in the property, as well as commercial developers. A Homeowners Association will maintain the entryways and open spaces within the development. There will be three retention ponds in the development, and the development will create a rural community and offer several options of homes including townhouses, 8,500 square foot lots and the one-acre lots. The Conditions of the Planned Development locks in the number of single-family residences for the overall development, however, the number of residences in each phase may change. Commissioner Byboth questioned the safety aspects regarding the single-family residences abutting the railroad. Mr. Stiles stated that the builders will be required to build fences on each lot, which will be a screen to the railroad. Thompson responded that an environmental analysis had been completed in the multi-family property abutting the south side of the railroad and concluded that the limited environmental problems can be mitigated by normal residential construction such as insulation and screening. Chairman George opened the public hearing. With no one wishing to speak, Commissioner George closed the public hearing. A motion was made by Commissioner Hughes, and seconded by Commissioner Seely, to recommend approval of the zoning change 2003-08. Motion carried 5 — 0. 3. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Business Center (BC) District to Planned Development (PD) District for a restaurant with drive through service, located at 1301 Century Way, being Lot 1, Block C of the Century Business Park Addition, City of Wylie, Collin County, Texas. (Zoning Case 2003-09) Thompson stated that the applicant is requesting rezoning to a Planned Development (PD) District in order to allow construction and operation of a restaurant with drive through services. Sit-down restaurants are allowed in most districts, but drive-in services are limited to vehicular-accessible in Commercial Corridor and Community Retail Districts. The property has been platted as Lot 1, Block C of the Century Business Park Addition since 1986, and totals approximately 1.7 acres in size. The applicant plans to use one (1) acre fronting Highway 78 to construct a restaurant of 4,254 square feet as well as associated parking. There are no current plans for the remaining 0.7 acres to the east of the subject site, but this restaurant is of sufficient size to be developable. P & Z Meeting August 5, 2003 Page 7 of 8 Roland Dickey, Dickey's Barbeque Restaurants, 4514 Cole Avenue, Dallas, Texas, presented a slide presentation showing different Dickey's Barbeque Restaurants in the area. The drive-through services will not be facing Highway 78 or Century Way and the parking will be on the side. The building will be made of blue metal trim masonry stone, a fireplace chimney and will comply with the Zoning Ordinance requirement of 100% masonry. Wood entry doors with walglass will be on the front, and all storage and delivery areas are screened with walls. Mr. Dickey states that the restaurant will staff 10 employees at any one time, and all parking complies with the City's ten-foot by twenty- foot size requirements. Chairman George opened the Public Hearing. With no one wishing to speak, Chairman George closed the Public Hearing. A motion was made by Commissioner Porter, and seconded by Commissioner Byboth, to recommend approval rezoning of Zoning Change 2003-09. Motion carried 5 — 0. ACTION AGENDA 1. Review proposed revisions to the Zoning Ordinance and consider calling a Public Hearing. Thompson reviewed the revisions to the Zoning Ordinance which were discussed by the Commission in a Work Session on July 15, 2003. These revisions relate to exterior building materials for residential uses, the size and materials for accessory buildings and the permitting of temporary uses. Another revision not discussed but which should be included is the building encroachments included in the Zoning Ordinance. Thompson reviewed the revised wording for existing Section 3.4.F of the Zoning Ordinance requiring masonry products for exterior façade material. The revisions will allow the Building Official to grant exceptions to the minimum standards when the material demonstrates equal durability as masonry or historic/infilUtheme conditions are met. The appeal regarding material will be made to the Construction Code Board, if the Building Official determines that a product does not demonstrate the same durability as masonry. The revised wordings for Accessory Buildings, Section 2.5.D of the Zoning Ordinance were reviewed. Attached accessory buildings will conform to the masonry regulations applicable to the main building. Detached accessory buildings will conform to certain floor and height size, roof shape and color of materials, as well as setbacks, according to the size of the accessory building. Bonafide farm structures are treated as an exception, but the other regulations apply to accessory buildings within both residential and nonresidential districts. P & Z Meeting August 5, 2003 Page 8 of 8 Temporary Uses will be issued and administered by the Building Official rather than the Planning Director in Section 5.5 of the Zoning Ordinance, but otherwise remains unchanged. New allowances for building encroachments into required yards will be added to Section 2.5.E. These will apply to both residential and nonresidential districts to allow certain normal architectural appendages to occupy yards, and be administered by the Building Official. A motion was made by Commissioner Porter, and seconded by Commissioner Byboth, to schedule for a public hearing to consider these revisions on September 2, 2003. Motion carried 5 - 0. ADJOURNMENT A motion was made by Commissioner Porter, and seconded by Commissioner Hughes, to adjourn at 11:00 PM. Motion carried 5 — 0. /� � Michael George, h 'r••, � C ai man Ma Bra ley, Secretary