12-07-2004 (Planning & Zoning) Minutes MINUTES
PLANNING AND ZONING COMMISSION
WYLIE MUNICIPAL COMPLEX
2000 Highway 78 North
Wylie, Texas 75098
December 7, 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
Don Hughes Mary V. Bradley, Secretary
Dave Hennesey Renae 011ie, Assistant Planner
Dennis Larson
Chris Seely
Kathy Spillyards
Commission Members Absent:
Mike Phillips
CALL TO ORDER
Chairman Seely called the meeting to order at 7:04PM.
INVOCATION & PLEDGE OF ALLEGIANCE
Commissioner Byboth gave the invocation and Commissioner Larson 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 16, 2004
Regular Meeting.
Chairman Seely recommended that on page 6 of the minutes, a statement to close the
Public Hearing was not noted. A motion was made by Commissioner Byboth, and
seconded by Commissioner Larson, to approve the minutes with changes to amend page 6
to include a statement to close Public Hearing. Motion carried 6—0.
P & Z Commission Meeting
December 7, 2004
Page 2 of 5
ACTION AGENDA
1. Consider a recommendation to the City Council regarding a Final Plat for the
Rubalcava Industrial Park Addition. Subject property being all of a certain 5.359
acre tract of land generally located west of Hooper Drive and east of the Steel
Industrial Park Addition and south of F.M. 544, being a part of that tract of land
described in a deed to Raul Rubalcava and Mirey A. Rubalcava as recorded in
County Clerk's File Number 94-0075684, Deed Records of Collin County, Texas,
and being situated in the W. M. Sachse Survey, Abstract No. 835, City of Wylie,
Collin County, Texas.
Thompson stated that the Final Plat will create three lots totaling 5.366 acres. Lot 1 is
2.316 acres in size, Lot 2 is 1.281 acres in size, and Lot 3 is 1.450 acres in size.
Two existing buildings on Lot 1 will remain as shown on the Preliminary Plat, which was
approved on October 5, 2004. No site plan has been submitted for lots 2 and 3, however,
prior to issuance of building permit a site plan must be approved by the Planning and
Zoning Commission.
The Plat provides a 30 foot Right-Of-Way Dedication for existing Steel Road.
With no questions for Staff, a motion was made by Commissioner Larson, and seconded
by Commissioner Byboth, to recommend approval of the Final Plat for Rubalcava
Industrial Park Addition to the City Council meeting on December 14, 2004. Motion
carried 6 - 0.
2. Consider a recommendation to the City Council regarding a Preliminary Plat for
Akin Addition. Subject property being generally located at W.A. Allen Blvd. and
Springwood Lane, and being all of a certain 10.154 acre tract of land conveyed to
the Wylie I.S.D. by deed recorded in Volume 2448, Page 867, Deed Records of
Collin County, Texas.
Thompson stated that the Agenda should state "Final Plat" and not "Preliminary Plat" as
posted. The Preliminary Plat was approved on November 2, 2004. The property includes
10.154 acres and will create 6 single-family residential lots, each exceeding 10,000 square
feet, and 1 lot for the existing elementary school. The subject property is zoned Single
Family 8.5/17 District, and has never been platted. WISD is in the process of expanding
Akin Elementary School, and has declared the eastern portion of the campus to be surplus
property.
P & Z Commission Meeting
December 7, 2004
Page 3 of 5
A motion was made by Commissioner Hughes, and seconded by Commissioner Byboth, to
recommend approval of the Final Plat for Akin Addition to the City Council meeting on
December 14, 2004. Motion carried 6 — 0.
PUBLIC HEARINGS
1. Hold a Public Hearing and consider a recommendation to the City Council
regarding a change in zoning from Agriculture (A) and Neighborhood Services
(NS) 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 Atterbury 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 (D.R.C.C.T.). (Zoning Case No. 2004-25)
Thompson stated that the Comprehensive Plan recommends 72°o Suburban
Residential (minimum 10K lots) and 28% Country Residential (1 acre lots), with which
the proposed development does not comply. The proposed development eliminates
0.4 acres of Neighborhood Service, which does comply with proposed revisions to the
Comprehensive Plan.
The Conditions of the Planned Development (PD) proposes 510 Single Family lots
with park/trail and school, or as many as 600 lots if no school or park are provided.
The minimum lot size proposed is 8,500 square feet with 45%to be larger than 10,000
square feet and 10% larger than 12,000 square feet. The minimum dwelling size is to
be 2,400 square feet, compared to 1,700 square feet for 8,500 square foot and 1,900
square feet for 10,000 square foot lots.
Mr. Richard Skorburg, 3838 Oak Lawn Avenue, Suite 1212, Dallas, Texas 75219,
represented the applicant of the subject property, presented a slide show with models
of homes proposed within the subject development, and Paul Taylor Homes as the
builder. Mr. Skorburg stated that there is a market for larger homes on smaller lots.
The Commission has approved similar schemes on this property, but the Council has
turned them down, and the current submittal incorporates all of the requests made by
Council and neighboring property owners.
Commissioners discussed with Mr. Skorburg the PD Conditions proposing to allow
Day Cares without a Special Use Permit. After the discussion, Mr. Skorburg agreed
to strike number 13 from the PD Conditions which stated that a Day Care is allowed
without a SUP.
P & Z Commission Meeting
December 7, 2004
Page 4 of 5
Chairman Seely opened the Public Hearing.
Ms. Nancy Hansen, 806 Meadow Drive, Wylie, property owner adjacent to the subject
property, spoke in opposition of the zoning change and questioned the definition of
dwelling size. Thompson responded that the proposed size of the house covers total
area under the roof and not just living area.
Mr. Marvin Fuller, 355 Donna, Wylie, Texas, questioned the access from the
surrounding developments not within the city limits. Thompson stated that the streets
are not within the city's jurisdiction and FM 544 is controlled by the County. Property
owners to the south and northeast have specifically requested that no access be
provided through their lands. Staff will not allow properties to become landlocked or
even be limited to a single point of access, but such is a platting issue rather than a
zoning/land use.
Mr. Bob Skipwith, 1450 Elm Drive, Wylie, Texas, adjacent property owner,
recommended 10K to 12K minimum lot size adjacent to his property. Mr. Skorburg
agreed to commit to have 10K to 12K around the edge of the park, north east of park
and south of Elm Road.
Chairman Seely closed the Public Hearing.
A motion was made by Commissioner Hughes, and seconded by Commissioner
Larson, to approve the Zoning Change 2004-25 with renumbering of the PD
Conditions striking number 13, and to include larger lots along east of the park, edge
of the park and south of Elm Road. Motion carried 4 — 2, with Commissioners
Byboth and Hennesey voting in opposition.
WORK SESSION
1. Consider an amendment to the Zoning Ordinance, defining and regulating the
location of body piercing and tattooing establishments.
Thompson stated that some Council members have requested to amend the Zoning
Ordinance to restrict body piercing and tattooing establishments. A public hearing has
been advertised for December 21, and for Council on January 11.
A motion was made by Commissioner Spillyards, and seconded by Commissioner Hughes,
to hold a public hearing on December 21, 2004. Motion carried 5 — 0.
2. Discuss land use philosophy and potential revisions to the Comprehensive Plan.
P & Z Commission Meeting
December 7, 2004
Page 5 of 5
Thompson stated that the continuation of discussion to the Comprehensive Plan will be
postponed until January.
ADJOURNMENT
A motion was made by Commissioner Hughes, and seconded by Commissioner Byboth, to
adjourn the meeting at 9:00PM.
Chris Seely, Chairman Ma Bra; ey, Secretary