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11-07-2006 (Planning & Zoning) Minutes Wylie Planning and Zoning Board CITY OF WYLIE Minutes Wylie Planning & Zoning Board Tuesday, November 7, 2006— 7:00 pm Wylie Municipal Complex — Staff Conference Room 2000 Highway 78 North CALL TO ORDER Chairman Larson called the meeting to order at 7:00PM. In attendance with Chairman Larson were Commissioner Goss, Commissioner Bennett, Commissioner Ames, Commissioner Gregg, with Commissioner Onufreiczuk being absent. Staff members present were Renae 011ie and Mary Bradley. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Bennett gave the invocation and Commissioner Ames led the pledge of allegiance. CITIZENS COMMENTS No one approached the Commissioners. CONSENT ITEMS 1. Consider and act upon approval of the Minutes from the October 17, 2006 Regular Meeting. A motion was made by Commissioner Goss, and seconded by Commissioner Ames, to approve the minutes from October 17, 2006, regular meeting as submitted with no changes or corrections noted. Motion passed 4 — 0, with Commissioner Gregg abstaining. Minutes November 7, 2006 Wylie Planning and Zoning Board Page 1 of 6 ACTION AGENDA ITEMS 1. Consider a recommendation to the City Council regarding a Preliminary Plat for TXU Lavon Switching Station creating four 4 tracts totaling 71.26 acres, generally located south of S.H. 78 and west of Eubanks Road. Ms. 011ie stated that the property totals 71.26 acres and will create four lots. The property is zoned Planned Development (PD 2006 — 19) District and has never been platted. The Plat dedicates a fifty (50) foot wide access road easement from Brown to the parking spaces for the park land and access onto Tract 2. The roadway shall be constructed of concrete from Brown to the 10 parking spaces and heavy crushed rock from the parking spaces up to Tract 2. With no questions for the applicant, a motion was made by Commissioner Ames, and seconded by Commissioner Bennett, to recommend approval to the City Council for a Preliminary Plat for TXU Lavon Switching Station, generally located south of S.H. 78 and west of Eubanks Road. 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 Agricultural (A) to Single-Family 1A130 (SF-1A130) for proposed single family residential uses, generally located south of Alanis Drive and west of Ballard Avenue. ZC 2006-14. Ms. 011ie stated that the applicant is requesting to rezone 1.746 acres to allow for single family residential uses. The subject property has been within the corporate city limits of Wylie since 1988 and was final platted in April 2006. At the time of platting, no plans for development were submitted. However, the applicant is proposes to construct two single-family residential dwellings on two lots, with one being development at a later date. The approved plat has a lot width of 106.78 feet and lot depth of 353.62 feet, and requires a lot width of 150 feet and lot depth of 200 feet. The proposed dwelling size is a single story dwelling unit totaling 3,131 square feet inclusive of attached garage, porch and a detached garage, staff feels that the proposed request meets the intent of the Zoning Ordinance. Comment Forms were mailed to six surrounding property owners, and one comment form was received favoring the request. Minutes November 7, 2006 Wylie Planning and Zoning Board Page 2 of 6 Based on the lot restrictions, staff recommends approval to the zoning request and deems the property as legally non-conforming. With no questions for the applicant, Chairman Larson opened the Public Hearing. With no one coming forward, Chairman Larson closed the Public Hearing. A motion was made by Commissioner Bennett, and seconded by Commissioner Goss, to recommend approval to the City Council on Zoning Case 2006-14 regarding a change in zoning from Agriculture (A) to Single-Family — 1A/30 (SF- 1AI30) for proposed single family residential uses. Motion carried 5 — 0. 2. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agricultural (A) to Townhouse (TH) District, generally located on the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. ZC 2006-15. Ms. 011ie stated that the applicant is requesting to rezone the subject property to allow for townhouse development. The proposal will include 41 townhouse units on five acres. The property is an odd triangular shape tract that is bordered by Industrial District to the north and west and a Planned Development District currently under construction for mixed use development including residential of varied densities and commercial uses to the east. Although the philosophy of the Comprehensive Plan recommends medium- density residential for the subject property, with the property is not located close to vehicular thoroughfares and urban services, staff recommends approval. Five Comment Forms were mailed to surrounding property owners, no written responses were returned at the time of posting. Commissioner Gregg stated that the zoning case was considered previously by the Commission, and questioned if changes were made from the previous submittal and the proposed submittal. Ms. 011ie stated no changes have been made. Chairman Larson opened the Public Hearing. Mr. Alan Adkins, 5949 Sherry Lane, Suite 1220, Dallas, Texas, represented the applicant for the subject property, stated that the property is limited on both sides. On the northern side, there is a twenty-foot berm tall, and on the western boundary is a single lane road, which is proposed to be realigned in the subject development. Across the road is the maintenance yard for the North Texas Municipal Water District. Due to the constraints in the configuration and adjacent to Industrial Zoning District, the Townhouse District zoning is more feasible and makes the property developable. Commissioner Goss questioned the parking for the individual dwelling units. Mr. Adkins stated that the proposed 41 units is not the actual number of lots that will be developed, but because of the requirements set forth within the Zoning Minutes November 7, 2006 Wylie Planning and Zoning Board Page 3 of 6 Ordinance for a request change in zoning, the number of units was proposed. This number will change with the submittal of a Preliminary Plat. Mr. Laurence DeBerry, P.O. Box 2589, Wylie, Texas, represented the builder for the subject property, stated that 41 lots will not fit on the property, the number of lots will be no more than 38 dwelling units, and could be less after the engineering and architecture design and layout the development. Chairman Larson closed the Public Hearing. A motion was made by Commissioner Goss, and seconded by Commissioner Ames, to recommend denial to the City Council on Zoning Case 2006-15 regarding a change in zoning from Agriculture (A) to Townhouse (TH) District, generally located on the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. Motion carried 3 — 2, with Commissioner Bennett, and Chairman Larson in opposition. 3. Hold a Public Hearing and consider a recommendation to the City Council regarding an amendment to Article 2, Section 2.2.B of the Zoning Ordinance that requires complete annexation prior to a zoning application being accepted. Ms. 011ie stated that the proposed amendment will restrict a submittal for zoning application prior to the property annexed into the city limits. The current Ordinance does not clearly prohibit zoning running concurrent with annexation. However. It is staffs opinion that since land must be annexed to receive City services, those services include fire and police services, utilities, community services, and refuse collection, as well as planning an zoning related services. Staff further recommends that no application for zoning be accepted for filing unless annexation of the property for which the zoning is sought has been completed, and no change to the official Zoning District Map and zoning district boundaries shall be authorized or become effective without final action of the Council. Chairman Larson opened the Public Hearing, and with no one coming forward, Chairman Larson closed the Public Hearing. A motion was made by Commissioner Ames, and seconded by Commissioner Gregg, to recommend approval to the City Council to amend Article 2, Section 2.2.B of the Zoning Ordinance to require complete annexation prior to a zoning application being accepted. Motion carried 5— 0. Minutes November 7, 2006 Wylie Planning and Zoning Board Page 4 of 6 4. Hold a Public Hearing and consider a recommendation to the City Council regarding an amendment to Article 3, Section 3.4 lighting requirements of the Zoning Ordinance specifying spacing distance between poles. Ms. 011ie stated that the current ordinance has separate requirements for lighting along open space and lighting along sidewalks. Article 3, Section 3.4 states that open space easements, public walkways and trails must provide solar-controlled lighting on 10-12 feet decorative poles every 100 feet, while all sidewalks lighting in residential districts must be on decorative poles spaced every 150 feet at intersections and mid-block. Some of the Commissioners expressed safety concerns of not having enough light, especially to deter criminal activity. Chris Hoisted, City Engineer, stated that from a traffic stand point, the street lights are recommended at intersections, dead-ends, and cul-de-sacs. Once the houses are built the additional illumination from porch lights, landscaping lights, as well as the decorative street lights all need to be considered when considering the distance for a safety point of view. Mr. Gary DeFrain, developer for Creekside Estates, spoke in opposition of the spacing for the street lights and encouraged the Commissioners to amend the ordinance to 400 feet alternating sides. Ms. Marcia Rodriquez, 3300 Francis Drive, spoke in opposition of 150 feet spacing alternating side of the streets, and spoke in favor of less lights. Also, stated that a property owner within the Creekside Estates Addition, who lives on a corner lot, had a pickup truck directly parked under a street light, was broken into and had over $600 worth of items stolen, so a street light didn't help deter the robbery. Mr. Joe Ferrier, 1414 Eugene Drive, spoke in opposition of changing the requirements, and maintaining consistency within the existing developments, and lower the wattage of the street lights within the residential developments, but increase the wattage of the street lights within the commercial developments. Ms. Suzette Clark, 3405 Lombardy Drive, spoke in favor of increasing the distance between the street lights to 300 feet alternating sides of the road. Chairman Larson closed the public hearing. A motion was made by Commissioner Bennett, to recommend to City Council amending the ordinance to a maximum of 300 feet on the either side of the street. Motion failed due to lack of a second. A motion was made by Commissioner Goss, and seconded by Commissioner Ames, to table the text amendment until December 5, 2006, in order for Staff to Minutes November 7, 2006 Wylie Planning and Zoning Board Page 5 of 6 schedule a tour with the Commissioners to see existing developments and new developments. Motion carried 5 — 0. DISCUSSION Discuss permitting mini-warehouse (self-storage) to Light Industrial Zoning Districts only. Staff requires direction. Ms. 011ie stated that staff requires direction on limiting where a mini-warehouse is permitted. Currently the ordinances allow the use in Commercial Corridor; Community Retail; Light Industrial and Heavy Industrial Districts. The consensus of the Commissioners was to allow the use by right within the Light Industrial and Heavy Industrial Districts, and to allow with a Specific Use Permit in the Commercial Corridor District. The use not allowed within the Community Retail District. The consensus of the Commissioners was not to have a meeting November 21, 2006 or December 19, 2006. ADJOURNMENT A motion was made by Commissioner Gregg, and seconded by Commissioner Goss, to adjourn the meeting at 8:15PM. Motion carried 5 — 0. /-6:77 Dennis Larson, Chairman ATTEST: Ma B ley,Secre ry Minutes November 7, 2006 Wylie Planning and Zoning Board Page 6 of 6