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09-02-2003 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting September 2, 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 Mike Phillips Terry Capehart, Assistant Planner Carter Porter Chris Seely Commission Members Absent: William Chapman Don Hughes CALL TO ORDER Chairman George called the Regular Meeting to order at 7:01 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 August 19, 2003, Regular Meeting. A motion was made by Commissioner Porter, and seconded by Commissioner Byboth, to approve the minutes as submitted. Motion carried 5 —0. P & Z Meeting September 2, 2003 Page 2 of 9 ACTION AGENDA 1. Consider and act upon approval of a Site Plan for the A&W Properties Addition, being all of a certain 25,629 square feet (0.5884 acre) tract of land generally located north of F.M. 544 and east of Springwell Parkway, City of Wylie, Collin County, Texas. Thompson stated that the proposed Site Plan is for an office/warehouse center for multiple tenants. The site is 0.5884 acre (25,629 square feet) and the proposed building is approximately 6,600 square feet in size. The property was part of the unapproved but illegally recorded McCord's Little Six Addition plat. A Final Plat for the subject property is also on the current agenda for Commission's consideration. The property is very narrow, being 102 feet on the east side and 125 feet on the west side, and backs up to the railroad. Approximately twenty-five percent of the site is incorporated into an open drainage ditch along the east side of the property in an easement shared with the neighboring property owner. The single access to the lot was established by the recent renovation to F.M. 544, and a joint access drive connects with the abutting lot to the west. The property is zoned Corridor Commercial (C.C.) District, which requires twenty percent landscaping. The Zoning Board of Adjustment approved a variance to reduce the required landscaping from twenty percent to nineteen percent on August 25, 2003, and nineteen percent is reflected in the Site Plan. The Plat conforms to all other requirements of the City of Wylie Code. Tom Allred, 6116 N. Central Expressway, Dallas, Texas, represented as the applicant, stated that the building will be concrete and divided into eight suites. Canopy materials will be over the frame doors and loading docks will be in the back. The color scheme will separate the tilt wall concrete from the glass. Chairman George recommended a wainscot on the walls in order to achieve more articulation than is provided by paint and canopies alone. Mr. Allred agreed to provide a four feet high wainscot pattern on the front and sides. A motion was made by Commissioner Phillips, and seconded by Commissioner Seely, to approve the Site Plan with addition of some wainscot pattern along the front and sides of the building. Motion carried 5 —0. P & Z Meeting September 2, 2003 Page 3 of 9 2. Consider a recommendation to the City Council regarding a Final Plat for the A&W Properties Addition, being all of a certain 25,629 square feet (0.5884 acre) tract of land, generally located north of F.M. 544 and east of Springwell Parkway, as described in a deed to Peter Parks, recorded in Volume 2152, Page 502 of the Deed Records of Collin County, Texas (DRCCT), and also being described as Lot 10 of McCord's Little Six Addition, an unapproved plat recorded in Volume 1002, Page 447 of the DRCCT, and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Thompson stated that the Final Plat will create Lot 1, Block A of A&W Properties Addition, to accommodate the office/warehouse building for which a Site Plan was just approved. The property includes 0.5884 (25,629 square feet) and will create a single lot for Office/Warehouse uses. The curb cut entryway was established by the recent widening of F.M. 544, and joint cross-access is provided to the abutting property on the west by an easement. The drainage ditch is also secured by an easement. A motion was made by Commissioner Porter, and seconded by Commissioner Byboth, to recommend approval to the City Council. Motion carried 5 —0. 3. Consider a recommendation to the City Council regarding a Final Plat for the Wyndham Meadows Addition, being all of a certain 12.45 acre tract of land, generally located north of East Brown Street and east of Eubanks Street, and being a portion of the 7.6883 acre tract of land described in a deed to Cinnamon Teal, LLC, recorded in Volume 5247, Page 5433 of the Deed Records of Collin County, Texas (DRCCT), and being a portion of the 5.0060 acre tract of land described in a deed to Cinnamon Teal LLC, recorded in Volume 5244, Page 6100 of the DRCCT, and being situated in the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. Thompson stated that the Final Plat includes 12.45 acres and will create fifty (50) lots for duplex residential uses, one (1) lot for future development and two (2) lots for open space common areas to be maintained by a homeowners association. A 150 feet wide electric transmission power line easement transects the subject tract from northwest to southeast. The applicant has obtained an encroachment agreement from Oncor in order to construct public streets, sidewalks and fences in this easement. A reference to the encroachment restrictions, detailing which residential lots are affected by the agreement, has been placed on the Plat. P & Z Meeting September 2, 2003 Page 4 of 9 Alan Adkins, Cinnamon Teal, 5949 Sherry Lane, Suite 1225, Dallas, Texas, represented the developer, stated that the large lots situated within the power line easement are dedicated as open space and will be maintained by a homeowners association. The duplex dwellings will be rental properties, developed by four different builders. In addition to the homeowners association there will be an Architectural Control Committee policing private deed restrictions which concern accessory buildings and other general requests on the individual properties. Commissioners questioned the type of fence for Block B. Mr. Adkins stated that a four foot wooden fence will be facing out toward Brown Street along the properties on Block B. Commissioners asked that all posts and railing for private fencing be faced into the lot rather than be visible to Brown Street. Adkins agreed to have such a stipulation added to the Plat. A motion was made by Commissioner Byboth, and seconded by Commissioner Phillips, to recommend approval to City Council, with the stipulation that all fences have boards facing outward. Motion carried 5 —0. Chairman George adjourned the meeting for a break at 8:00 p.m. and reconvened at 8:10 p.m. PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Community Retail (CR) to Planned Development District (PD) for Retirement Housing, being a 7.643 acre tract of land generally located south of State Highway 78 South and west of Mardi Gras Lane, and being a portion of the 5.232 acre tract of land described in a deed to Ross S. Bagwell and Paula D. Bagwell, Agland Chemical Money Purchase Plan and Agland Chemical Profit Sharing Plan, as recorded in County Clerk's File No. 94-0078165, Deed Records of Collin County, Texas (DRCCT), and being a portion of the 20.01 acre tract of land described in a deed to Bariatric Care Center of Texas, Inc., as recorded in Volume 4621, Page 1555 of the DRCCT, and being situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas. (Zoning Case 2003-11) Thompson stated that the applicant is requesting rezoning of the subject property from Community Retail (CR) to a Planned Development (PD) District in order to develop 150 attached dwelling units and common community center, as a retirement residential community restricted to senior citizens. The property totals 7.643 acres in size. P & Z Meeting September 2, 2003 Page 5 of 9 Thompson reviewed the zoning surrounding the subject property and stated that the property is accessible from State Highway 78 only by a platted 28 feet wide access easement along the western boundary of the Brookshire's property. The access through the residential area to the southeast by Valentine Lane will be only for emergency vehicles. Thompson reviewed the definition of the three specialized housing groups for senior citizens who are 55 years of age and older and stated that the proposed project is clearly defined as Independent Living in Wylie's Zoning Ordinance, which is treated as Multifamily Residential. The proposed Conditions of the Planned Development specifically limit the occupancy of all dwelling units to at least one senior citizen, or person 55 years of age and older. However, all units will have kitchens and there will be no common medical or personal care provided on site as define Assisted Living and Nursing Senior Complexes. Independent Living units, like Multifamily apartments, require more parking than the proposed one space per dwelling. No efficiency or one- bedroom units are provided, and units are larger than normal family apartments and all are provided with full kitchens. The Planned Development limits the maximum number of dwellings to 150 units, which reflects an overall density of 19.63 dwelling units per acre. However, the primary 5.139 acres to which the development of the facility is confined reflects an overall density of 29.2 dwelling units per acre. The additional 2.504 acres of open space will serve as a connection between the greenbelt floodplain to the west of the Bariatric Center and the residence of the retirement center as well as neighboring single-family residences and the school and park to the east. Public Comment Forms were mailed to eight-six (86) property owners, and eight Forms were received with one favoring and seven opposing the request. In May of 2002, the City Council denied a similar proposal for Senior Living, on the subject property and the current request attempts to address the earlier concerns. The 2.5 acres of additional land lowers the effective density from 29.2 dwelling units per acre to 19 dwelling unit per acre, and also increase the open space from 40 percent to 55 percent. Other changes include increasing the percentage of masonry on exterior walls from seventy-five to eighty percent and increasing the number of parking spaces. However, the current proposal also increases the size of each dwelling and adds three bedroom units which were not previously planned. The staff recommends denial based on the higher density and limited parking. Although the somewhat isolated location and adjacency characteristics of the subject site favor some residential uses such as is proposed (either Senior Assisted Living or traditional Multi-Family apartments), the proposed design does not appear specialized for senior living and more closely resembles traditional apartments. Either true Assisted Living for Seniors or traditional apartments for the overall population is allowed by right within the P & Z Meeting September 2, 2003 Page 6 of 9 Community Retail (CR) District when included within a mixed use development and the proposal includes no common or independent retail or personal services. Karl Crawley, 500 Serva, Suite 12B, Dallas, Texas, represented as the applicant, stated that the proposed project is specially designed for Senior Housing for occupants that are 55 years old or older who do not require accommodations for parking. Most residents will have only one car for each couple and there will be scheduled transportation for the tenants, thereby reducing the need for parking spaces from the requirements in the Zoning Ordinance. There will be an on-site activity director, and ability to cater food in the common area for all tenants. The entrance to the property off State Highway 78 will be improved from the current two parallel two-way driveways to a single wider one two- way driveway. Commissioners expressed concern for the ability for the tenants to occupy the units with children (other than immediate family or guest). Mr. Crawley agreed to revise the Conditions to state that"all occupied units shall be occupied by at least one person who is fifty-five years of age or older and not more than one person under the age of fifty-five, but no minor child allowed." Chairman George questioned why parking space measurements are reduced from the City requirement of 10 feet by 20 feet. Tony Sisk, Churchill Residential, 2811 McKinney, Suite 354, Dallas, Texas, represented the developer, stated that Churchill Residential has developed several Senior Housing Retirement Centers in the surrounding areas and all are zoned as Planned Development, with the parking stipulated as being 9 feet by 18 feet. Residences normally move in and park their personal vehicle and use the transportation provided by the Center or walk to near-by retailers. Chairman George opened the Public Hearing. With no one wishing to speak, Chairman George closed the Public Hearing. Chairman George questioned the perimeter screening along the north side of the property. Mr. Sisk stated that the wooden fence would provide solid screening from the rear of Brookshire's and the isolated parking lot of the senior complex. All of the perimeter fencing is wrought iron. The Commissioners expressed concern about the distance of the masonry columns. Mr. Sisk agreed to make the 6 feet high masonry columns 24 inch square on 40 feet centers, instead of 100 feet centers. The fence will be located along the north side of the drainage easement along the entire length of the south property line, as well as along other boundaries. P & Z Meeting September 2, 2003 Page 7 of 9 Motion was made by Commissioner Porter, and seconded by Commissioner Phillips, to recommend approval of the Zoning Case 2003-11, with stipulations that at least one person shall be fifty-five years of age and a maximum of one person under the fifty-five years of age, but not a minor child shall occupy each dwelling unit; A 6 feet high wood fence with 24 inch masonry columns on 40 feet centers along the northeast side and the same column pattern with wrought iron fence along the entire length of the south property line north of the drainage ditch. Motion carried 4 — 1, with Chairman George opposing. 2. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Single-Family 8.5/17 (SF-8.5/17) to Townhouse (TH) District for residential uses, being located at 414 N. Jackson Street, and being Lot 3A, Block 2 of the Russell Addition, and being situated in the S. B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas. (Zoning Case 2003-12) Thompson stated that the applicant is requesting rezoning of the subject property in order to redevelop it as attached residential units similar to those recently constructed across Jackson Street to the southwest. The subject property was originally a portion of the single Lot 3 of Block 2 of Russell No. 1 Addition, but that larger lot has subsequently been divided into the four separated Lots 3A, 3B, 3C and 3D, although the date and method of this division is unknown. Records indicate that the subject Lot 3A has between 75.5 and 78 feet of frontage along Jackson Street, and contains between 8,881 and 10,343 square feet. This discrepancy will be rectified by in the record exact dimensions and size of the lots with the legal description as part of the replatting process. The existing lot is large enough (either 8,881 or 10,341 square feet) to comply with the minimum required lot size for attached dwellings. The area to the north is an unimproved 15 feet width alley and is used as an illegal short- cut around the four-way stop at Brown and Ballard. The section of Jackson north of Brown is too long to be adequately served by fire and the alley could provide some emergency access and can not likely be closed. If the alley were to be abandoned, the property will carry the zoning of the neighboring tracts and could be incorporated into the subject property with replatting. Chairman George opened the Public Hearing. Karen Klugh, 509 N. Ballard Avenue, Wylie, spoke in favor of the rezoning, and expressed the desire to close the alley north of the subject lot. P & Z Meeting September 2, 2003 Page 8 of 9 Larry DeBerry, 8277 Private Road 5297, Nevada, Texas, represented as applicant, stated that the unimproved alley can not be used as access for emergency vehicles or the Trinity Waste Company. Commissioner Phillips recommended the property owners petition to City Council to abandon the alley. Thompson recommended Mrs. Klugh submit a letter to the City of Wylie, requesting the alley be abandoned, then a letter will be sent to all property owners in the surrounding area for their opinion as well recommendations from the city engineer and utility companies. Chairman George closed the Public Hearing. A motion was made by Commissioner Byboth, and seconded by Commissioner Seely, to recommend approval of the rezoning to City Council. Motion carried 5 - 0. 3. Hold a Public Hearing and consider a recommendation to the City Council regarding proposed revisions to Section 3.4.F, Section 2.5.D, Section 5.5 and Section 2.5.E of the Zoning Ordinance of the City of Wylie. Thompson stated that the exterior facade building materials for residential uses will be masonry units or composites and exclude wood, and vinyl. The appeal process will be removed from the Planning and Zoning Commission, and given to the Construction Board, which will rule on alternative material based on durability rather than style. The size and material of accessory buildings will be reduced to 600 square feet for lots less than one acre. Buildings as large as 1,000 square feet and 3,000 square feet may be allowed on lots of one and two acres respectively or Agricultural properties. Smaller kit buildings may be metal but larger buildings must have siding similar to the primary building to which it is accessory. The administration of all temporary uses will go from the Planning Department at the staff level to Building Official for permits. Limited building encroachments into required yards will be included in the Zoning Ordinance, depending on the appendage and yard. Chairman George opened the Public Hearing. Art Whitlock, Coleman Homes, 2202 E Scyene Road, Mesquite, Texas, questioned if hardi-type siding considered an acceptable masonry product. Thompson replied that hardi-plank is a composite cementations material, and encouraged Mr. Whitlock to meet with the Building Official to review the specifics of the regulations. Chairman George closed the public hearing. P & Z Meeting September 2, 2003 Page 9 of 9 A motion was made by Commissioner Porter, and seconded by Commissioner Byboth, to recommend approval of the proposed revisions to the Zoning Ordinance to City Council. Motion carried 5 —0. ADJOURNMENT A motion was made by Commissioner Phillips, and seconded by Commissioner Porter, to adjourn the meeting at 10:30 PM. Motion carried 5 —O. ef Michael George, Chairman Ma B dley, Secreta y