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05-18-2004 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting May 18, 2004 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 Terry Capehart, Assistant Planner William Chapman Mary V. Bradley, Secretary Don Hughes Mike Phillips Carter Porter Chris Seely Kathy Spillyards Staff Members Absent: Claude Thompson, Director CALL TO ORDER Chairman Seely called the Regular Meeting to order at 7:05 p.m. INVOCATION AND PLEDGE Commissioner Byboth offered the Invocation and Commissioner Porter led the Pledge of Allegiance. CITIZEN PARTICIPATION Joel Hemphill, 509 Graham, Wylie expressed concerns of local property value. He did a research and submitted to staff, a comparison with surrounding cities involving market value, and the City of Wylie has the lowest price on market value. Mr. Hemphill encouraged the Commissioners to review the property value and address the issue. Capehart stated that on a later date the comparison would be given to the Commissioners to review and address. CONSENT AGENDA ITEM 1. Consider and act upon approval of the Minutes from the May 4, 2004 Regular Meeting. A motion was made by Commissioner Hughes, and seconded by Commissioner Chapman,to approve the minutes as submitted. Motion carried 7—0. P&Z Commission Meeting May 18, 2004 Page 2 of 10 PUBLIC HEARING 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) for residential uses. Subject property being generally located north of FM 544, west of FM 1378 (Country Club Drive and east of Lakeside Estates, and being all of a certain 100.7428 acre tract of land as described in a deed to J.L. Brand and Dorothy S. Green, recorded in Volume 1376, Page 94, Deed Records of Collin County, Texas (DRCCT), and being situated in the G.W. Gunnell Survey, Abstract No. 351 and the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. (Zoning Case 2004-06)WITHDRAWN. Capehart stated that the applicant and property owner have requested that this application be withdrawn and not considered for action. However, the legally required public notification of the requested rezoning had been completed prior to the withdrawal, and the request must,therefore, be posted for some formal action by the Commission. Chairman Seely opened the Public Hearing. Scott Shaffer, 2203 Hideaway Court, Wylie, expressed concerns of property value in his subdivision, and stated that homes are being repossessed and no houses are being sold. Capehart stated that the applicant did not explain reason for withdrawal, one thing about withdrawing that is different from the Council actually denying a zoning case with prejudice, the property will not be able to come up for review again for one year. There is no penalty attached for withdrawal. Mr. Shaffer submitted signatures opposing the zoning change. A motion was made by Commissioner Hughes, and seconded by Commissioner Chapman, to recommend acceptance of the withdrawal to City Council. Motion carried 7 —O. A motion was made by Commissioner Hughes to move item number 3 to the next item on the agenda. The motion was seconded by Commissioner Byboth and carried 7—0. 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) for residential uses. Subject property being generally located west of FM 544 and south of Stoneridge Farms Addition, being all of a certain 34.036 acre tract of land, recorded in Volume 309, Page 285 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the A. Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. (Zoning Case 2004-08)WITHDRAWN. Capehart stated that the applicant and property owner have requested that this application be withdrawn and not considered for action. However, the legally required public notification of the requested rezoning had been completed prior to the withdrawal, and the request must,therefore, be posted for some formal action by the Commission. P&Z Commission Meeting May 18, 2004 Page 3 of 10 Capehart stated that a total of 6 Public Comment Forms returned all opposing the zoning change. Chairman Seely opened the Public Hearing. With no one wishing to speak, Chairman Seely closed the Public Hearing. A motion was made by Commissioner Phillips, and seconded by Commissioner Chapman, to recommend to City Council acceptance of the withdrawal. Motion carried 7 —O. 2. Pending prior annexation hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Neighborhood Services (NS) on Tracts 1, 1A and 6; Townhouse(TH) on Tracts 2 and 4B; Single-Family(SF-8.5/17)on Tract 4A; and Single-Family(SF 10/19) on Tract 5; subject property being generally located northwest of Vinson Road and east of FM 544 and located within unincorporated Collin and Dallas Counties, and being all of a certain 185.143 acre tract of land divided into six (6) tracts as conveyed in a deed to Mrs. Thelma Rice by Lone Star Boat Co., recorded in Volume 561, Page 226, Deed Records of Collin County, Texas (DRCCT), and being situated in the D.W. Williams Survey, Abstract No. 980, the E.M. Price Survey, Abstract No. 725, the E.M. Price Survey, Abstract No. 1114, the Nathaniel Atterberry Survey, Abstract No. 1099, and the William Sutton Survey, Abstract No. 860, City of Wylie, Collin and Dallas County, Texas. (Zoning Case 2004-07). Capehart reviewed the Planning Report in detail. The property totals 185.145 acres and is undeveloped farm and pasture lands (except for an older, abandoned wood frame residence to the extreme southeast of the subject property). Approximately 0.35 acre of the property and request is already within the City of Wylie, 10 acres is within unincorporated Dallas County and the remaining 175 acres is within Collin County. The applicant is requesting several differing classifications of straight zoning for eight (8) tracts within the overall property, in order to create a master-planned Village Center complex of mixed uses, including Single-Family detached residential(detached dwellings on 8,500 and 10,000 sq. ft. lots), Townhouse residential (attached dwellings on individual 3,000 to 3,500 sq. ft. lots), Multi-Family residential (at 15-dwelling units per acre), and Neighborhood Services retail and offices. All development will comply fully with the current requirements of the Zoning Ordinance and other applicable City of Wylie codes. Approval of preliminary and final plats will be required for each Tract prior to the initiation of any development on that Tract, and nonresidential parcels will also require approval of site plans in conjunction with platting. P&Z Commission Meeting May 18, 2004 Page 4 of 10 Tract 1 comprises 7.177 acres and is located against the north boundary of the subject property. The request is to zone this tract for Neighborhood Services (NS) for retail and office uses. The proposed tract is located on the west and south eastward extension of Alanis Lane. Tract 1A is a 1.4-acre parcel located in the southwest quadrant of the intersection of 544 and the future extension of Alanis Lane, across Alanis to the south from the 7-acre retail Tract 1. Tract 1A is requested to be rezoned to Neighborhood Services (NS) District, to accommodate convenience retail and personal services to serve the adjacent residential developments. Tract 2 comprises 14.468 acres, and is located in the northwest corner of the subject property. The new extension of Elm Drive will form the south boundary of this Tract, and the Alanis extension will serve as it north boundary. The request is that this Tract be zoned Townhouse(TH)District. Tract 3 is located in the northeastern portion of the subject property, bounded on the east by the existing South F.M. 544, on the north by the future extension of Alanis Lane and on the south by the new Elm Drive. This Tract is 16.832 acres in size. A major electric transmission line occupies approximately 2.3 acres (200 feet in width easement) of the Tract, but this joint-ownership land can be used to some limited extent for parking and open space/recreation for the proposed development. Tract 3 is to be zoned Multi-Family (MF) Residential District, and will accommodate only attached dwellings on a single common lot as apartments for lease. This will accommodate as many as 215 dwelling units. Tract 4A is the largest single division of the subject request, at 72.225 acres. It is located along the eastern and southern boundaries of the property: bounded on the east by F.M. 544; on the north by future Alanis extension; and on the south by Twin Creek Drive. Approximately 5 acres of this Tract is within unincorporated Dallas County. The applicant has discussed with the Wylie Independent School District the potential of providing a 13-acre school site within Tract 4A near the intersection of F.M. 544 and Elm. However, the Comprehensive Plan considers schools a more appropriate companion to the retail uses of Tract 3 within a Village Center. The legal description provided by the applicant, as illustrated on the Zoning Exhibit, indicates that the southeastern boundary of the subject property and of Tract 4A crosses Vinson Road, rather than parallel its north line as anticipated. This potential boundary conflict must be reconciled prior to approval of a preliminary plat. Tract 4A is bounded on the east (across F.M. 544) by rural homesteads of 2 acres and larger, including the Creekside Estates subdivision, within unincorporated Collin County. P&Z Commission Meeting May 18, 2004 Page 5 of 10 To the southeast (across Vinson) is the developing Redwood-by-the-Lake mobile home subdivision, and to the southwest is the Twin Creek Ranch Estates rural subdivision on one-acre lots within unincorporated Dallas County. This Tract is requested to be zoned for Single Family-8.5 (SF-8.5/17) Residential District, in full compliance with the current requirements of the Zoning Ordinance. Assuming the 13-acre reduction for a school and approximately 20% of the area will be needed for streets,this Tract could yield as many as 242 single-family lots and dwellings. Tract 4B is a 21.819 acres tract in the southeastern portion of the property, bounded by F.M. 544 and Vinson. This Tract is to be rezoned to Townhouse (TH)District, allowing any arrangement of attached dwellings on individual lots. The Tract is adjacent to the southern Village Center retail/office services, which is Tract 6. Assuming 20% of the Tract is required for public streets; the remaining 17.5 acres could accommodate approximately 227 lots and attached dwellings(at 13 units per acre). Tract 5 is located in the southwestern portion of the subject property. This Tract totals 50.929 acres, and is partially occupied by the major electric transmission corridor. The extreme southwestern corner of the Tract abuts Cottonwood Creek and is isolated from ri the remainder of the Tract by the electric easement which restricts development, and the applicant has expressed the intention to dedicate approximately 18.6 acres in this area for Public Park and open space. The requested rezoning of this area is to Single Family-10 (SF 10/19) Residential District. Assuming the 20% (6.5 acres)for streets, in addition to the promised 16.8 acres of open space, the remaining 25.8 acres could accommodate approximately 112 lots of 10,000 sq. ft. each. Tract 6 is a 0.349 acre site defined by the intersection of Vinson and County Line Roads, and is actually already incorporated within the City of Wylie and already zoned for Neighborhood Services(NS)retail and office uses. The property abutting this Tract to the south is within Wylie's corporate limits and is already zoned for Manufactured Housing (MH) District, and has been platted for the expansion of the existing Redwood-on-the-Lake Mobile Home Park and subdivision. Adjacent properties to the east, across County Line Road, are within unincorporated Dallas County and are currently undeveloped. If developed as proposed by the requested zoning, the property could accommodate as many as 731 single-family lots, including 354 lots and 377 attached Townhouse lots. With the 215 apartments, the proposal would yield a total of 946 dwellings. P&Z Commission Meeting May 18, 2004 Page 6 of 10 Public Comment Forms were mailed and at the time of posting, five (5) Comment Forms from properties outside of the City within unincorporated Dallas County have been returned, all opposing the request. Since the posting, six (6) additional Comment Forms were received all opposing the request. If developed as proposed by the requested zoning, the property could accommodate as many as 731 single-family lots, including 354 lots and 377 attached Townhouse lots. With the 215 apartments, the proposal would yield a total of 946 dwellings. Staff recommendation is approval as the proposal closely replicates the historic philosophy of the Comprehensive Plan of decreasing residential densities around Village service centers, and generally conforms to the Planning and Zoning Commissioner's recommended revisions to the Plan. Commissioner Phillips questioned the oversight of Tract 3 not listed on the Agenda. Capehart responded that the acreage for Tract 3 is included in the legal description. A recommendation to adjust any size of the tracts would be the same as recommending a portion of the whole development, as far as the uses for individual tracts. This will be cleaned up before taken to City Council. Chairman Seely opened the Public Hearing. Ryan Betz, Skorburg Company, 3838 Oak Lawn Avenue, Suite 1212, Dallas, Texas, represented the developer of the subject property, presented a slide show of the proposed development. Mr. Betz stated that the Wylie Independent School District wanted to avoid having a school directly located on FM 544, therefore moving the school location to the north of the property off extension of Elm Drive. When the proposed development was initially discussed with Staff, the intention was to have a development with mixture of single-family residential lots. In order to do straight zoning, the smallest lot for single-family residential lot the introduction of having Townhouse(TH)and Multi-Family(MF), with 8,500 square foot up to 10,000 square feet single-family residential lots. Elm Drive will be re-aligned for a smoother road and tie into County Road 381 (Bozeman Road). Mr. Betz met with homeowners in the Twin Creek Subdivision on May 17, 2004, and an agreement was to change the single-family residential lot size around their edge from 8,500 square foot lots with alleys and proposing 10,000 square foot lots with no alleys. This would keep the trees as a screening between the proposed development and the existing subdivision. P&Z Commission Meeting May 18, 2004 Page 7 of 10 Mr. Betz stated that the townhouse district will have 9 dwelling units per acre, there will be 650 single-family residential lots and multi-family district will have 14 dwelling units per acre. Commissioner Porter questioned if the townhouse will be focused around senior citizens. Mr. Betz stated that he has not researched the market for the townhouse as of yet. Brent Bates, 1340 E. F.M. 544, spoke in opposition of the zoning change, based on the development requesting commercial and high density. Joe Murphy, 1704 Lincoln Drive, spoke in opposition of the zoning change based on the increase of traffic, public safety issues, does not improve City of Wylie, and tired of seeing small homes. Bryan Halterman, 1845 E. FM 544, spoke in opposition of the zoning change and asked for verification of number of dwelling units. Betz stated that the number of dwelling units is 650 all inclusive. Mr. Halterman questioned the timing of expanding FM 544. Capehart responded that the City Engineer, Chris Holsted would be able to respond to that question. Charles Rummer, 2065 E. FM 544, spoke in opposition of the zoning change based on high density. Rick Foster, 2010 Elm Drive, spoke in opposition of the zoning change and concurred with previous opposition statements made by citizens. Kevin Sanders, 1780 Elm Drive, spoke in opposition of the zoning change based on traffic, high density, and public safety issues. Ronnie Cross, 1665 E. FM 544, spoke in opposition of the zoning change based on high density and concurred with Brent Bates comments. Craig Sword, 1117 Highridge Drive, represent Twin Creek Home Owners Association, spoke in opposition of the zoning change based on high density, infrastructure on the roads, impact on water utilities, and drainage issues. Mr. Betz stated that as the development progresses the Elm Drive, Alanis and Vinson Road will all be improved. There was a meeting with East Fork, regarding the impact of the water utilities and the existing water lines will be relocated, and sewer lines will be installed and will continue to the new water treatment facility. There will be drainage features added along the south side of the development which will help alleviate existing drainage issues in the Twin Creek subdivision. Chairman Seely closed the Public Hearing at 9:15PM. P&Z Commission Meeting May 18, 2004 Page 8 of 10 Commissioner Byboth complimented the citizens for coming to the meeting and voicing their opinion of the zoning change. He encouraged the citizens to attend more meetings and voting for items that pertain to the City of Wylie. Commissioner Porter clarified that the recommendation is based on assumption of the annexation will be approved on June 8, 2004, and the entire project can be voted for recommendation to City Council tonight and not individually considered by each tract. A motion was made by Commissioner Porter, and seconded by Commissioner Spillyards, to recommend denial of the zoning change to City Council. Motion carried 7—0. Chairman Seely adjourned the meeting at 9:20PM. Chairman Seely reconvened the meeting at 9:28PM. 4. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Business Center (BC) for commercial uses. Subject property being generally located west of Sanden Boulevard and south of FM 544, being a 6.026 acre portion of a 34.412 acre tract of land conveyed in a deed to R. Richard Parker and Ben L. Scholz, recorded in Volume 4708, Page 1628 of the Deed Records of Collin County, Texas (DRCCT), and being all of a certain 5.05 acre tract of land conveyed in a deed to the Wylie Economic Development Corporation, recorded in Volume 5620, Page 705 DRCCT, and being situated in the Duke Strickland Survey, Abstract No. 841 and the I. Clifton Survey, Abstract No. 193, City of Wylie, Collin County, Texas. (ZC 2004-09). Capehart stated that the subject property totals approximately 11.076 acres, the majority of which is in floodplain. The subject property will be divided into two tracts: Tract One is approximately 8.285 acres to the north and will be platted to accommodate the future development of the Bayco facility; and the remaining 2.791 acres will be added to the Southern Fastening Systems property on the south. The Wylie Economic Development Corporation, acting on behalf of the property owner and a large lighting fixture fabrication company (Bayco) and the Southern Fastening Systems Corporation, has purchased the subject tract and is requesting initial zoning from Agriculture (A) District to Business Center (BC) District in order to develop the site for office/warehouse and fabrication facility. This facility will accommodate the relocation of the Bayco Corporation into Wylie as well as provide a public open space connector along Muddy Creek. P&Z Commission Meeting May 18, 2004 Page 9 of 10 The Bayco Corporation proposes to initially construct a single building of 99,439 square feet; 8,764 square feet of which will be office space and 90,675 square feet will be warehouse. The majority of the property is currently occupied by the 100-year floodplain. However, a Certified Letter of Map Revision (CLOMR) was submitted to the Corps of Engineers on April 7, 2000 proposing to reclaim the portion nearer to Sanden Boulevard on which the proposed building and parking will be located. Chairman Seely opened the Public Hearing at 9:45PM. Barry Patrick, 700 Sanden Boulevard, property owner to the property adjacent to the subject property, spoke in favor of the zoning change. Sam Satterwhite, Wylie Economic Development Director, represented applicant, stated that the parking spaces are dictated by the square footage of the building. The proposed building will conform to all of City of Wylie's requirements. The project is 8.5 million and is delighted that Bayco has decided to move their facility to Wylie. Chairman Seely closed the Public Hearing at 9:50PM A motion was made by Commissioner Porter, and seconded by Commissioner Byboth, to recommend approval to the City Council of the zoning change. Motion carried 7—0. 5. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A)to Corridor Commercial (CC) for commercial uses. Subject property being generally located south of FM 544 and west of Sanden Boulevard, being a 28.376 portion of a 34.412 acre tract of land conveyed in a deed to R. Richard Parker and Ben L. Scholz, recorded in Volume 4708, Page 1628 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Duke Strickland Survey, Abstract No. 841 and the I. Clifton Survey, Abstract No. 193, City of Wylie, Collin County, Texas. (ZC 2004-10). Capehart stated that the subject property totals approximately 28.376 acres, the majority of which is occupied by the floodplain of Muddy Creek and undevelopable. However, a significant portion of the floodplain has already been reclaimed (with approval of the U. S. Corps of Engineers), thus opening the property to development. The subject property is the remainder of a larger 34.412 acre tract, of which 11.076 acres has been recently sold to the Bayco Corporation which is being relocated to the City of Wylie by the WEDC. P&Z Commission Meeting May 18, 2004 Page 10 of 10 The Wylie Economic Development Corporation, acting on behalf of the landowner, is requesting initial zoning from Agriculture (A) District to Corridor Commercial (CC) District for as yet undetermined commercial uses. The property is located at the intersection of F.M. 544 and Sanden, and has frontage/access and visibility from both of these major thoroughfare corridors. Chairman Seely opened the Public Hearing at 9:55PM Sam Satterwhite, Wylie Economic Development Director, represented applicant, stated that the uses for the subject property will be limited if the zoning was changed to Business Center(BC)District. Chairman Seely closed the Public Hearing at 9:57PM. A motion was made by Commissioner Byboth, and seconded by Commissioner Chapman, to recommend approval to City Council the zoning change 2004-10. Motion carried?-0. MISCELLANEOUS 1. Discussion of a joint work session with City Council on May 25, 2004. 2. Commissioner Kathy Spillyards discussed the P& Z Commission Course that she attended. She enjoyed attending and received a lot of information. 3. All the Commissioners wished Capehart well on his resignation from the City of Wylie. ADJOURNMENT With no further discussion, a motion was made by Commissioner Porter, and seconded by Commissioner Byboth to adjourn the meeting at 10:00 p.m. d Chris eely, Chairman Br ley, Secretary