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03-01-2005 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 March 1, 2005 Notice was posted in the time and manner required by law and quorum was present. Commission Members Present: Staff Members Present: Eric Alexander Mary V. Bradley, Secretary Red Byboth Renae 011ie, Assistant Planner Dave Hennesey Claude Thompson, Director Don Hughes Dennis Larson Chris Seely Kathy Spillyards CALL TO ORDER Chairman Seely called the meeting to order at 7:08PM. INVOCATION & PLEDGE OF ALLEGIANCE Chairman Seely gave the invocation and Commissioner Alexander led the pledge of allegiance. CITIZEN PARTICIPATION The following citizens spoke in opposition of Wylie Independent School District's proposal for a high school on Bennett Road: Beverly Wardwell, 2916 Jamestown Drive; Diane Culver, 2918 Jamestown Drive; and Janaid Najamuddin 212 Palmdale Drive. This subject property will be brought before the Commission on March 22, 2005 as a zoning change to single-family residential homes, which the WISD proposes to construct a high school if the zoning for single-family residential homes does not get approved. CONSENT AGENDA 1. Consider and act upon approval of the Minutes from the February 15, 2005 Regular Meeting. A motion was made by Commissioner Hughes, seconded by Commissioner Byboth, to approve the minutes as submitted. Motion carried 7—0. P & Z Commission Meeting March 1, 2005 Page 2 of 8 Due to a conflict of interest, Chairman Seely excused himself from the meeting for the first and second agenda items. Vice-Chairman Larson took over the meeting. PUBLIC HEARINGS 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Planned Development (PD) District for commercial and single-family residential uses of varied densities, being part of a 111.848 acre tract of land situated in the William Sachse Survey, Abstract No. 835, conveyed to Iona H. Ingram and being part of a 87.282 acre parcel of land called Tract 2, conveyed to Mary Allene Jones, from the partition of the Estate of Mollie Sachse, described in Partition Deed recorded in Volume 826 at Page 579 of the Deed Records of Collin County, Texas, and also being a part of a 111.848 acre tract conveyed to Mary Allene Jones by Executrix's Deed recorded in Volume 05102 at Page 04465 (County Clerk's File No. 2002-0020781) of the DRCCT. (Zoning Case No. 2005-01). Thompson stated that the property totals 186.56 acres, and is south of FM 544 and west of Regency Business Park Addition. Portion of the property is undevelopable due to a 150 feet wide right-of-way electric power transmission line, which divides the property into two tracts,the one to the north is 130.7 acres and the one to the south is 55.8 acres. The zoning request proposes to divide the property for varied uses. Only 60 acres to the north along FM 544 is designated for Corridor Commercial uses. To the east and south, 87 acres are designated Village Residential, creating 332 detached single-family residential on 7,000 square feet lots. The remaining 35 acres along the west/central portion is designated for 102 Suburban Residential on 10,000 square feet lots. Twenty-eight notifications were mailed, with two (2) returned, one opposing and one favoring. Thompson further described the PD proposal and compared the proposal to the currently- adopted Comprehensive Plan, stating that staff recommends denial because the request does not fully conform to the recommendation of the Comprehensive Plan for large-lot residential, nor does it offer innovations to justify a PD other than variances from the regulations of the Zoning Ordinance. The PD does provide for extension of McCreary Road as a four-lane divided roadway, south of FM 544 and tie into Mill branch Development in Sachse. Vice-Chairman Larson opened the public hearing at 7:25pm. P & Z Commission Meeting March 1, 2005 Page 3 of 8 Herschel Leffel, Meritage Homes, 2845 Dallas Parkway, Plano, Texas, representing the builder of the proposed development, stated that the proposed homes will be priced at $150,000 to $300,000. Craig Jones, 5925 Dewitt, Sachse, Texas, property owner of the subject property, stated that the property was used for farming, and desires to see the property developed in a positive way. The proposal from Legacy Homes is a positive proposal, and expressed enthusiasm for the dedication for McCreary Road extension. Mr. Leffel stated that Mr. Jones will maintain ownership of the commercial property, and Meritage Homes will maintain ownership of the single-family residential lots. Mr. Chris Lander, Neitzel Real Estate, 5220 Spring Valley Road, Suite 510, Dallas, Texas, stated that the proposed property is not being marketed, but he has received numerous inquiries and unsolicited offers regarding the 60 acres along FM 544 for potential retail/commercial development. Vice-Chairman Larson closed the public hearing at 7:56pm. The Commissioners expressed approval for the commercial development, but expressed opposition for the single-family residential lots and density. After discussing the lot size and density with Mr. Leffer, he requested that the item be tabled until April 5, 2005, to give them time to amend issues for lot size and density. A motion was made by Commissioner Alexander, and seconded by Commissioner Spillyards, to recommend to the City Council tabling the zoning change 2005-01 until April 5, 2005 for P&Z and April 26, 2005 for City Council. Motion carried 6 — 0, with Chairman Seely absent. 2. 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) District for single-family residential uses, being a tract of land situated in the A. Atterberry Survey, Abstract No. 23, Collin County, Texas, said tract being out of a 45.07 acre tract described in Volume 309, Page 285, Collin County Deed Records, and said tract described in Volume 2359, Page 296, Collin County Deed Records. (Zoning Case No. 2005-02). Thompson stated that the subject property totals 33.943 acres, and is located west of FM 544/South Stone Road and south of Stoneridge Farms Additions. The subject tract is effectively land-locked, being long and narrow with developed properties on three sides, allowing access only from the narrow frontage of FM 544. The applicant is proposing to develop single-family residential lot size of 20,000 square feet with a minimum dwelling size of 2,100 square feet. P &Z Commission Meeting March 1, 2005 Page 4 of 8 Nineteen public comment forms were mailed as required, and only two written comments returned, both opposing the zoning change. Vice-Chairman Larson opened the Public Hearing at 8:10PM. Rob Adams, Adams Consulting Engineers, 500 Nolen Drive, Suite 550, Southlake, Texas, represented the engineer for the subject property, stated that City Council approved a request to waive the alley requirement on January 11, 2005. Because the property is long and narrow the entry access will be an oversized boulevard with a median, which will allow access for emergency vehicles. The minimum number of single-family residential will be 54 on half acre lots. Mike Foster, 1600 S. Lakeshore Drive, Rockwall, Texas, represented the applicant, stated that the screening along FM 544 will be a berm with landscaping, and the decision for a gated community is not finalized as of yet. However, when the homeowners association takes control of the development, the final decision for a gated community will be made at that time. Bill Dower, Paul Taylor Homes, 2204 Pembrooke, Denton, Texas 76205, represented the home builder, stated that he will commit to build a minimum 3,000 square foot dwelling and have a wooden fence along the exterior. The driveways will not be street-facing entries they will either be J-Drives, center or coming from the rear for access to the garages. Jamie Van Eaton, 1001 Oakbrook Drive, Wylie, Texas, homeowner directly to the north of the subject property, and represented several homeowners within the same subdivision, spoke in opposition of the half-acre lots. Joel On, 921 Oakbrook, Wylie, Texas, homeowner to the north of the subject property, spoke in opposition due to amount of traffic. Vice-Chairman Larson closed the Public Hearing at 8:35PM. The Commissioners discussed with Mr. Adams the inability to regulate the house size for straight zoning requests. Mr. Adams requested to withdraw the item. A motion was made by Commissioner Byboth, and seconded by Commissioner Hennesey, to recommend to City Council acceptance from the applicant to withdraw the zoning change. Motion carried 6—0, with Chairman Seely absent. Vice-Chairman Larson adjourned the meeting at 8:40PM. Chairman Seely reconvened and rejoined the meeting at 8:50PM. P &Z Commission Meeting March 1, 2005 Page 5 of 8 3. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Planned Development (PD) District for single-family residential uses of varied densities, being a 59.234 acre tract of land situated in the Moses Sparks Survey, Abstract No. 849, Collin County, Texas, located south of Sage Creek Phase 8, North of FM 544 and west of FM 1378 (Country Club Road). (Zoning Case No. 2005-03). Thompson stated that the subject property totals 59.24 acres, and is located west of Sage Creek Phase 4 and 7 Additions and north of Wooded Creek Estates. The request is to expand the existing Sage Creek Planned Development District (PD 99-9) for single-family residential uses, with similar dwelling and lot size. Public Comment forms were mailed to forty-eight property owners with seven returned, six opposing and one favoring. A petition was received with 17 property owners, four of which are in the notification area, and one of those represents the property owner who submitted favoring, but stated on the petition was in opposition of the zoning change. The currently-adopted Comprehensive Plan recommends low-density Country Residential (1 acre lots), and revisions to the Comp Plan currently being considered recommend medium- density residential (10,000 to 20,000 square feet lots). The Conditions of the PD establish a minimum dwelling size of 1,700 square feet, larger than most of the existing Sage Creek subdivision but the same as the most recently approved Phase 8. The Conditions of the PD establish a minimum lot size of 7,200 square feet, which is smaller than both those recommended by the Comprehensive Plan and developed and/or being developed in neighboring subdivisions. The PD provides 30 acres of dedication for park land, all of this within the floodplain and park board reviewed and approved on February 28, 2005. The subject property is land-locked, with development on three sides and on the fourth partially developed to the center line of the creek and then the floodplain, which is undevelopable on the eastern side as well. Chairman Seely opened the public hearing at 9:35PM. Neal Heckel, Ashton Woods Homes, 13800 Montfort Drive, Suite 100, Dallas, Texas, stated that an eight foot trail system will tie in with the existing trails to the south and west. An amenity center in the form of either another club house or sport court, with adequate parking for both facilities is proposed, which will take pressure off the existing amenity center in the middle of Sage Creek. P & Z Commission Meeting March 1, 2005 Page 6 of 8 John Bull, 5225 Village Creek Drive, Plano, Texas, represented Dowdey, Anderson and Associates Engineering Company, stated that improving Hunters Way to the north, and Wooded Creek Lane to the south will provide access into the development which should alleviate traffic through Claybrook. The following property owners spoke in opposition of the zoning change because of traffic, lot size and density: Dana Alvarez, 3000 Claybrook; Rodney Whiffed, 1001 Lake Ranch Lane; Teresa Shea, 3001 Dylan Drive; Michelle Anderson, 3012 Claybrook; Jessica Kaltenbach, 3004 Claybrook; Danielle Raper, 3203 Warwick Court; Sidra Carzola, 3108 Claybrook Drive; Greg Burget, 3411 Everglade Lane; and Brett Teller, 3110 Claybrook. Jamie Gregg, 1102 Spring Tide, president home owners association for Sage Creek, spoke in opposition of the zoning change, stated that a petition with over 200 signatures opposing the zoning change will be submitted to City Council on March 22, 2005. Chris Lander, Neitzel Real Estate, 5220 Spring Valley Road, Suite 510, Dallas, Texas, represented the property owner Mr. Housewright, stated that the desire from the Mr. Housewright is to have the property developed consistent with the existing surrounding developments. Chairman Seely closed the public hearing at 10:05PM. The Commissioners discussed the traffic issues, and lot size with Mr. Heckel. Mr. Heckel offered to amend the Conditions of the PD, for 80% to be minimum 2,000 square feet single- family residential dwelling size. Commissioners expressed desire to have minimum 2,500 square feet single-residential dwelling size. After much discussion, Mr. Heckel requested for a five-minute break to review with engineer and applicant on resolution for issues. Chairman Seely adjourned the meeting at 10:30PM. Chairman Seely reconvened the meeting at 10:35PM. Due to the inability to resolve all of the issues, Mr. Heckel requested to table the zoning change until April 5, 2005 for Planning and Zoning and April 26, 2005 for City Council. A motion was made by Commissioner Larson, and seconded by Commissioner Alexander, to recommend to the City Council acceptance to table the request until April 5, 2005. Motion carried 7—0. P &Z Commission Meeting March 1, 2005 Page 7 of 8 4. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Planned Development (PD) District for single-family residential uses of varied densities, being a 185.1449 acre tract of land situated in the E.M. Price Survey, Abstract No. 725, the D.W. Williams Survey, Abstract No. 980, the Nathaniel Atterberry Survey Abstract No. 1099, and the William Sutton Survey, Abstract No. 860, Collin County, Texas and the E.M. Price Survey, Abstract No. 1114, Dallas County, Texas, said tract being all of a 53.42 acre tract of land and a 134.33 acre tract of land conveyed by deed to Mrs. Thelma Rice by Lone Star Boat Co., recorded in Volume 561, Page 226, Deed Records, Collin County, Texas. (Zoning Case No. 2005-04). Thompson stated that the property totals 185.1449 acres, and is located west of FM 544, south of Stone Road and north of Vinson Road. The property was annexed into the City of Wylie on September 28, 2005. Five public notification forms were mailed to surrounding property owners, and no comment forms were received. The Comprehensive Plan recommends 72% Suburban Residential on a minimum 10,000 square foot lots and 28% Country Residential on a minimum of 1 acre lots. The proposed Conditions of the PD specify minimum lot size of 7,500 square feet with 60% larger than 10,000 square feet and 10% larger than 12,000 square feet. Two types of residential lots, type A lots will have a minimum dwelling size of 2,400 square feet on 10,000 square feet and 12,000 square feet lots. Type B is divided into three dwelling sizes, 2,400 square feet, 2,300 square feet, and 2,200 square feet lots. No alleys are required within the development, however, no garages shall face the front street, and alleys are not appropriate adjacent to thoroughfare. The proposed PD realigns Elm Drive as a 60 foot right-of-way secondary collector street. HOA will own and maintain street medians, green belts and common areas. Chairman Seely opened the Public Hearing at 10:40PM. Ryan Betz, Skorburg Company, 3838 Oak Lawn, Suite 1212, Dallas, Texas, represented developer for the subject property, stated that 28 acres will be dedicated as park land. The proposed builders could possibly include Paul Taylor Homes, but will be custom home builders. The following property owners spoke in opposition of the zoning change due to traffic issues and lot sizes to the south, and drainage detention: Nancy Hansen, 806 Meadow Drive; Del Beezley, 1945 East FM 544; and Dolores Beezley, 1945 East FM 544. P & Z Commission Meeting March 1, 2005 .�. Page 8 of 8 Chairman Seely closed the Public Hearing at 10:40PM. Mr. Betz stated that there will be a drainage detention with a pond on the south side of the property. Commissioners discussed with Mr. Betz the dwelling size variations. After much discussion, Mr. Betz agreed to amend the dwelling size to 2,400 square feet for all lot sized and require all architectural roofs to be dimensional. A motion was made by Commissioner Larson, and seconded by Commissioner Alexander, to recommend approval to the City Council of the zoning change 2004-04, with stipulations to the PD Conditions that the dwelling size of all residential lots will be 2,400 square feet and all residential dwellings have architectural roof dimensions. Motion carried 6— 1, with Commissioner Hennessey voting in opposition. MISCELLANEOUS Thompson distributed and reviewed with Commissioners two newspaper articles. - Thompson also reminded the Commissioners that a public hearing will be held on April 5, 2005 for the Comprehensive Land Use Plan. ADJOURNMENT A motion was made by Commissioner Hughes, and seconded by Commissioner Spillyards,to adjourn the meeting at 11:40PM. f13Ackckkom hris eely, Chairm Mary trayy, Secretary