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11-16-2004 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 November 16, 2004 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 Dave Hennesey Mary V. Bradley, Secretary Don Hughes Renae 011ie, Assistant Planner Chris Seely Kathy Spillyards Commission Members Absent: Dennis Larson Mike Phillips CALL TO ORDER Chairman Seely called the meeting to order at 7:09PM. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Byboth gave the invocation and Commissioner Hughes led the pledge of allegiance. CITIZEN PARTICIPATION No one appeared to speak before the Commission. CONSENT AGENDA 1. Consider and act upon approval of the Minutes from the November 2, 2004 Regular Meeting. A motion was made by Commissioner Hennessey, and seconded by Commissioner Byboth, to approve the minutes as submitted. Motion carried 5 —O. P &Z Commission Meeting November 16, 2004 Page 2 of 11 ACTION AGENDA 1. Consider and act upon approval of a Site Plan for an office building located at 2800 Capital Street, being all of a certain 0.505 acre tract of land of the Regency Business Park Addition, City of Wylie, Collin County, Texas. Thompson stated that the item was tabled by the Commission on November 2, 2004, in order to achieve clarification of aspects of the proposal. The appropriate motion would be to remove from table and consider approval or denial decision. The applicant revised the Site Plan to include stone accent as a second facade material to the exterior of the building. The entry door recessed to provide articulation points, however this is less than the twenty-five percent required. The roof pitch of 1:12 is allowed since the property was platted since 1987 as Lot 8, Block C of the Regency Business Park Addition Phase 2. Michael Sargent, 17888 FM 2755, Lavon, Texas, represented owner/applicant of the subject property, stated that the front of the building, which faces north, will include an offset of four feet, and the required twenty-five percent will be met. A motion was made by Commissioner Hughes, and seconded by Commissioner Hennessey, to approve the Site Plan with stipulations that there will be four feet offset articulation around the entryway. Motion carried 5 —0. P &Z Commission Meeting November 16, 2004 Page 3 of 11 PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) District to Planned Development (PD) District for neighborhood retail and single-family residential uses of varied densities, being all of a certain 156.974 acre tract of land generally located east of Kreymer Lane, south of Brown Street and west of Stone Road, said tract being a part of that 22.0 acre tract of land conveyed to Richard Parker, et al as recorded in Volume 2967, Page 278, Collin County Deed Records, all of that 10.0 acre tract conveyed to Timmy Ray Kreymer as recorded in Volume 4042, Page 652, CCDR, all of that 10.0 acre tract conveyed to Mark Tramell as recorded in Volume 4353, Page 2126, CCDR, all of that 14.769 acre tract conveyed to Gregory T. and Lanita J. Tackett as recorded in Document No. 96-0070803, CCDR, all of that 14.771 acre tract conveyed to Tim R. and Robin A. Kreymer as recorded in Document No. 96-0071696, CCDR, a part of that called 46 acre tract conveyed to Neva Lou and Robert Brooks Kreymer as recorded in Volume 2787, Page 251, CCDR, a part of that 10.1309 acre tract conveyed to Robert Kreymer and Phyllis Kreymer as recorded in Volume 2967, Page 268, CCDR, all of that 4.0 acre tract conveyed to John Willis Kreymer as recorded in Volume 1658, Page 938, CCDR, all of that 1.50 acre tract conveyed to Dot Marie Kreymer as recorded in Volume 5066, Page 2963, CCDR, all of that tract conveyed to Jody and Kathleen S. Spence as recorded in Volume 5495, Page 4450, CCDR, a part of that 68.32 acre tract conveyed to Neva Lou Kreymer as recorded in Volume 2787, Page 255, CCDR, a part of that 3.0 acre tract conveyed to Robert and Phyllis Kreymer as recorded in Volume 2967, Page 268, CCDR, all of the 3.0 acre tract conveyed to Robert and Phyllis Kreymer as recorded in Volume 2967, Page 275, CCDR, a part of that 10.1309 acre tract conveyed to Robert and Phyllis Kreymer as recorded in Volume 2967, Page 275, all of that 1.0 acre tract conveyed to Richard Parker as recorded in Volume 4647, Page 1464, CCDR, all of that 13.0 acre tract conveyed to Richard Parker as recorded in Volume 4647, Page 1464, CCDR, all of that Tramell Addition, as recorded in Cabinet M., Page 452, CCDR and being situated in the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. (Zoning Case No. 2004-14) Thompson stated that the subject property totals 158 acres, 66.2 acres of which are not within the Wylie corporate limits. The annexation of this County jurisdiction is under consideration by the City Council and must be complete prior to consideration of zoning. Annexation will be finalized on December 14. The tract is divided into two sections, which traverses into the west and east direction. P & Z Commission Meeting November 16, 2004 Page 4 of 11 The tract is divided by a 30 foot wide sanitary sewer easement. The western section is approximately 92 acres in size, partially developed by rural homestead, and 250 foot wide easement for a major electric transmission line. The eastern section is currently being annexed and totals 66.2 acres, and is largely undeveloped except for few agricultural uses, and is traversed north/south by a limited floodplain. Thompson reviewed the proposed Planned Development Conditions and stated that the Comprehensive Plan recommends the entirety of the property being developed as Country Residential uses with single-family detached lots exceeding 1 acre in size. Public Comment forms were mailed within 200 feet of the subject property, and 16 returned in opposition of the proposed zoning change and 1 favoring the change of zoning. Commissioner Hennessey questioned the amount of land that will be dedicated for public parkland. Thompson stated that the PD proposes to dedicate 34 acres or 22 percent of the total property as public parkland and maintained by the private homeowners association. The developer will fund park improvements for trails and private swimming center. Thirteen of the 34 acres is occupied by the high powered transmission line, floodplain, and is not currently eligible for parkland dedication. Scott Polikov, Gateway Planning, 1508 S. Lamar Boulevard, Austin, Texas, represented the developer of the subject property, presented a Neighborhood Traditions slideshow, and stated that the dedicated open space really should be viewed as part of the homes, not part of the private lots, but in a sense on extension of the lots. Instead of having the decorative front yard, the dedicated parkland is located along the front of the lots. The parents can see their children playing in a "park area" located in front, which can be easily seen from the front windows. Mike Groomer, Gateway Planning, 101 N. Summit, Fort Worth, Texas, stated that the Parks Board viewed the proposed development as a traditional subdivision, and not in the context as being the integrated neighborhood, however, there was no objection to having the pocket parks compared with the traditional open space. Steve Topletz, DR Horton, 4106 Rowlett Road, Garland, Texas, represented the builder of the proposed property, stated that the proposed larger homes will fit on large and smaller lots, and 90 of the lots will be 10,000 square feet or larger, and with having ten different plot layouts, a lifestyle change is allowed and not necessarily predicate of price point. Commissioner Hughes questioned the landscape and material included in the pocket parks. Mr. Polikov stated that the parks may have benches, passive parks to allow kids to play, but not intended to be destination active parks with ball fields. P &Z Commission Meeting November 16, 2004 Page 5 of 11 Chairman Seely expressed concern for the ability to travel safely within the neighborhood. Mr. Polikov stated that the purpose of the 27 foot wide street versus the required 31 foot wide, is to slow the traffic down, and most of the parking should be in the back due to alleys and on the same token discouraged the requirement to have no parking on the street, because it is viewed as a buffer between the sidewalk and street. Commissioner Hennessey expressed concern of the traffic on a two-lane road. Mr. Polikov responded that unlike most neighborhoods with limited access in and out, within the proposed neighborhood there will be eight access points at build out and there will be multiple ways to get to those access points. The traffic will be dispersed evenly compared to most of the other neighborhoods. Chairman Seely opened up the Public Hearing at 8:30PM. Amy Tolleson, 1036 S Kreymer, Wylie, Texas, spoke in opposition of the zoning change, and prefers lots on one to two acres of land. Mr. John and Mrs. Diane Yates, 3209 Ranch, Garland, Texas, property owner adjacent to the proposed property, spoke in opposition of the zoning change, and concurred with Mrs. Tolleson for larger lots. Sharon Dowdy, 325 Callie Court, Wylie, Texas, spoke in opposition of the zoning change and stated that the type of homes and neighbors make the neighborhood, not the product or the density. Shannon Nolan, 315 Callie Court, Wylie, Texas, spoke in opposition of the zoning change due to increased traffic, lack of water pressure from East Fork Water District, and overloading the school. Tony Warren, 1030 S. Kreymer, Wylie, Texas, spoke in opposition of the zoning change and recommended rural living on at least one acre lots. Margie Bennett, 1940 E Brown, Wylie, Texas, spoke in opposition of the zoning change and spoke in favor of acreage lots. Millie Ramsey, 202 Country Place Lane, Wylie, Texas, spoke in opposition of the zoning change and expressed concern of traffic and spoke in favor of acreage lots. Glenn Wicker, 160 Country Place Lane, Wylie, Texas, spoke in opposition of the zoning change and spoke in favor of acreage lots. Chairman Seely closed Public Hearing at 8:55PM. P & Z Commission Meeting November 16, 2004 Page 6 of 11 A motion to approve the zoning change 2004-14 was made by Commissioner Hughes and failed due to lack of second. A motion was made by Commissioner Byboth, and seconded by Commissioner Spillyards, recommended denial to the Planned Development of the zoning change 2004- 14. Motion carried 4— 1, with Commissioner Hughes voting in opposition. Chairman Seely adjourned and reconvened the meeting at 9:06PM. 2. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Single Family Residential (SF-8.5/17) District to Multi-Family (MF) District for multi-family residential uses, being Lot 3, Lot 4, Lot 5, Lot 6 and Lot 7 of Block 12 of the Keller's Second Addition, an addition to the City of Wylie, Collin County, Texas as recorded in Volume 1, Page 111, of the Map Records of Collin County, Texas. (Zoning Case No. 2004-21) Thompson stated that the subject property is located at the dead-end intersection of Cotton Belt and Fleming. The existing deteriorated and uninhabitable Woodlands Apartments are to be demolished and redeveloped. Straight MF zoning is requested, and the development must comply fully with current Zoning requirements. The proposal conforms to existing adjacent development trends along Fleming. Public Comment forms were mailed and received 1 in favor and 1 in opposition of the zoning change, requiring a simple majority from the City Council on December 14, 2004. Staff recommends approval because historically the subject property was occupied by MF uses and Comprehensive Plan recommends MF or high density SF lots, and there is increasingly along both sides of Fleming to the west high density residences being constructed. Mitch Herzog, 802 Forest Edge, Wylie, Texas, represented the applicant to the subject property, stated that the proposal is to build Triplex housing 23 units with a garage and parking in the back. Chairman Seely opened the Public Hearing at 9:17PM. Kris Law, 202 S Cottonbelt, Wylie, Texas, spoke in opposition of apartments, but did agree that demolishing the current apartments is an upgrade for the neighborhood. Single-Family Residences would be perfect. Traffic is an issue with putting additional homes. P &Z Commission Meeting November 16, 2004 Page 7 of 11 Mr. Herzog stated that there were 19 units, and encompassed three buildings, and currently there are 13 units, with 6 units on one side of Fleming and 7 units on the other side. The final design of the new triplexes will be completed after the zoning is approved by City Council. A motion was made by Commissioner Byboth, and seconded by Commissioner Spillyards, to recommend approval of the zoning change from Single-Family to Multi- Family case number 2004-21. Motion carried 5 —0. 3. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) District to Planned Development (PD) District for single-family residential uses, being all of a certain 100.0448 acre tract of land generally located north of F.M. 544 and the DART/KCS Railroad corridor and west of F.M. 1378 and east of the Lakeside Estates Phase 3 and Wooded Creek Estates Phase 2 Additions, said tract being a portion of that 27.44 acre tract conveyed to Paul P. Taylor and Lavern C. Taylor according to the warranty deed recorded in Volume 645, Page 470 of the Land Records of Collin County, Texas, and part of a 100.3287 acre tract conveyed by deed to J.L. Brand and Dorothy S. Green as recorded in Volume 1376, Page 94 of the Deed Records of Collin County, being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. (Zoning Case No. 2004- 22) Thompson stated that the subject property has been before the Commissioners recently. The current application is a revision and free-standing request. The property totals 100 acres, 40 percent of which is occupied by the floodplain of Muddy Creek (including the Muddy Creek reservoir) and therefore is not developable for urban uses. Lakefield Drive is a 65 foot wide collector that currently terminates at the western property line and must be extended thru the property to connect with Country Club Road. Public Comment Forms were mailed to 89 property owners, 2 favoring and 9 opposing. Seven of the property owners submitted opposition in a form of a petition and owned property on Hideaway Court. The Comprehensive Plan recommends that 90% of the property be developed as Suburban Residential uses with single-family detached lots averaging 20,000 square feet and 10% as Country Residential with lots exceeding 1 acre. The PD Conditions establish a minimum lot size of 7,200 square feet, but the PD requires at least 50% of the total lots exceed 8,500 square feet (the smallest lot allowed by the current Zoning Ordinance). All lots must have a width of 50 feet at the building line (compared to 70 ft. for standard SF-8.5 and 75 ft. for SF-10 zoning). P &Z Commission Meeting November 16, 2004 Page 8 of 11 Steve Parsons, 17814 Davenport, Suite 114, Rowlett, Texas, represented as joint developer of the subject property, stated that Council had requested larger lots and houses and the issues have been worked through to propose a development that meets their request. In the previous submittals the proposal was 250 lots and the current proposal is 197 lots. Steve Sallman, 4925 Greenville Avenue, Dallas, Texas, represented as joint developer of the subject property, stated that lots adjacent to the development to the south, Wooded Creek Addition shall be at least 8,800 square feet with a minimum house size of 2,100 square feet, and 15 percent of the lots will be in excess of 10,000 square feet. Chairman Seely opened the Public Hearing. Sharon Dowdy, 325 Callie Court, Wylie, Texas, questioned the difference between Staff and Commissioners as to the purpose of denial from Staff and approval from Commissioners. Thompson stated that the proposed submittal meets the density recommendation of the Comprehensive Plan, when the 44-acre parkland dedication is included. Chairman Seely closed the Public Hearing. Commissioner Byboth questioned the type of dimensional roofing and recommended that no three-tab shingles be included in the PD Conditions. Mr. Parsons and Sallman agreed to amend the PD Conditions to state that three-tab shingles be prohibited. A motion was made by Commissioner Hughes, and seconded by Commissioner Byboth, to recommend approval to City Council for zoning case 2004-22, with stipulation that the three-tab roofing be prohibited. Motion carried 4 — 1, with Chairman Seely voting in opposition. 4. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Community Retail (CR) District to Planned Development (PD) District for mixed retail and light industrial uses, being all of a certain 8.29 acre tract of land situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas, and being all of Tract 1 and Tract 2 as described in a Warranty deed from Boyd Bennett and Margaret Bennett to Hardcast, Inc., dated June 9, 1987 and being recorded in Volume 2646, Page 156 of the Land Records of Collin County, Texas. (Zoning Case No. 2004-23) Thompson stated that the subject property is on the south side of FM 544, with railroad corridor and drainage channel bordering to the south and east. The current three tracts are proposed to be reconfigured into two tracts, tract A and tract B. P & Z Commission Meeting November 16, 2004 Page 9 of 11 Tract A is 3.53 acres along FM 544 frontage, and will comply with the zoning of Community Retail regulations except to allow mini-warehouses and drive-through for banks and restaurants without SUPs. Tract B is 4.62 acres to south/rear, and will comply with Industrial regulations, and allow Community Retail uses as well as distribution, light assembly, manufacturing and storage. Stated purpose of PD is "continued utilization of existing Carlisle facility." The existing Carlisle facility is a legally nonconforming structure. It is temporarily being used by Sanden for storage/warehousing (a nonconforming use in CR), which will terminate in January. The building and grounds do not conform to the current requirements of the Zoning Ordinance or Building Code and the Fire Marshall has concluded that it is unsafe for permanent occupancy. The PD permits continued utilization of this facility indefinitely. The Comprehensive Plan recommends that this area be developed for light industrial uses with limited, subordinate retail uses, due to its excellent accessibility to highway and rail transport. The proposed industrial use of Tract B conforms to this recommendation of the Plan and is appropriate. The proposed CR retail of Tract A, as well as the existing CR zoning of the entire property, does not conform to this recommendation of the Plan. Public Comment Forms were mailed to 20 property owners within 200 feet of the proposed property, three returned with 2 favoring and 1 opposing. Thompson stated that Staff recommends denial. Commissioner Hennessey questioned if Staff would approve or deny, if the PD Conditions were amended to remove number one. Thompson responded that if statement number one was removed on the PD Conditions, Staff would recommend approval. Chairman Seely questioned the PD Conditions for allowing the Mini-Storage Building without an SUP. Thompson stated that a Site Plan is required, but under the PD Conditions the proposal is to allow without an SUP. An SUP is required for Mini- Storage Building under the CR zoning. Mark Hardaway, Greenway Investment Company, 2808 Fairmount, Suite 100, Dallas, Texas, represented as the applicant for the subject property, stated that the depth and irregular shape, and the non-access of the back side creates a non-retail area, so the development along the back will be mini-warehouse, office or light industrial. The intention along the front will be a continuation of the retail shops in the existing Westgate Addition, which is to the west of the subject property. The retail shops along the front of the property will be tall enough to screen the existing building in the back. P &Z Commission Meeting November 16, 2004 Page 10 of 11 Tom Grunnah, Henry S Miller Commercial, 5001 Spring Valley Road, Dallas, Texas, represents the realtor for the subject property, stated that the challenge is the back half of the property, as far as the depth, not so much the facility as it is the layout of the property with the railroad abutting the property. The proposal is for Sanden to extend the temporary use for 24 months from six months, and will enable another proposed group that is smaller to come in and use the current office building, as a travel business and a ministry, and rehab the larger building as a community center, if allowed over time. However, the resources are not economically feasible at this time. Thompson stated that if item number one under the PD Conditions is removed, the applicant can replat the property with retail on the front, and staff will continue approving temporary Certificate of Occupancy whether updating the building to current code or not. But currently, hiring personnel is needed for security and custodial. This is general concept and can continue until such time the market crosses that make it economically feasible to replace the building. Thompson stated it is an attractive nuisance, and it is not legally conforming and usable to some degree. Chairman Seely opened the Public Hearing 11:11PM Sharon Dowdy, 325 Callie Court, Wylie, stated that the building is not the City of Wylie's problem and spoke against allowing industrial on the subject property. Mr. Grunnah stated that the intention is not to have manufacturing or industrial, but the flexibility allows for the possibilities to continue existing facility if the proposed company decides not to develop. Chairman Seely closed the Public Hearing 11:17PM The Commissioners discussed the Conditions, and recommended striking item number one under General Conditions, which allows continued utilization of the existing Carlisle Coatings and Waterproofing facility; under Special Conditions item 1, which permits on Tract A, Mini-Warehouse/Self-Storage Facilities, without SUP; item 2, which permits on Tract B Manufacturing to be developed. After discussing with the applicants, Mr. Hardaway and Mr. Grunnah agreed to the amendments. A motion was made by Commissioner Hughes, and seconded by Commissioner Hennesey, to delete number 1 under General Conditions (allowing utilization of existing Carlisle); under Special Conditions striking number 1, item C (Mini-Warehouse/Self- Storage Facilities, without SUP), and striking number 2, section a, item number 3 (Manufacturing). Motion carried 5 —0. P &Z Commission Meeting November 16, 2004 Page 11 of 11 WORK SESSION 1. Discuss land use philosophy and potential revisions to the Comprehensive Plan, in preparation of Joint Work Session with City Council on November 23, 2004. Thompson reminded the Commissioners of the Joint Work Session on November 23, 2004, and reviewed the approved list of issues that the Commissioners had expressed on the Plan at the November 2, 2004 meeting. After discussing each item in extent, the Commissioners agreed to submit the revisions to the City Council. ADJOURNMENT A motion was made by Commissioner Hennessey, and seconded by Commissioner Hughes, to adjourn the meeting at 11:55PM. &CAL Chris Seely, Chairman M. � Bradley, Secrry