No preview available
11-19-2002 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting November 19, 2002 7:00 pm Notice was posted in the time and manner required by law and quorum was present. Commission Members Present: Staff Members Present: Jeff Adamcik Claude Thompson, Director Michael George Mary V. Bradley, Secretary Mike Phillips Carter Porter Tony Snider Commission Members Absent: Staff Members Absent: William Chapman Terry Capehart, Assistant Planner Don Hughes CALL TO ORDER Chairman George called the Regular Meeting to order at 7:07 p.m. PLEDGE AND INVOCATION Commissioner Porter led the Pledge of Allegiance and Chairman George offered the Invocation. CITIZEN PARTICIPATION No one appeared to speak. CONSENT AGENDA ITEM 1. Consider and act upon approval of the Minutes from the November 5, 2002, Regular Meeting. Motion was made by Commissioner Snider, and seconded by Commissioner Phillips, to approve the minutes as submitted. Motion passed 5 —O. P&Z Commission Meeting November 19, 2002 Page 2 of 2 ACTION AGENDA 1. Consider and act upon approval of a Site Plan for Cingular Wireless, being all of a certain 0.576 acre (25,109 square feet) tract of land, located at 617 State Highway 78, being all of Lot 3, of Block A of the Martinez Addition Phase Two, situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas. Thompson stated that the proposal is to develop a single building with four separate suites, with Cingular Wireless as the primary tenant on approximately 0.576 acre of land or 25,109 square feet of retail office space. The proposed office and retail uses are allowed in the new Community Retail (CR) District as well as the previous B-2 in which development rights are vested. The property is platted as Lot 3, Block A of the Martinez Addition, Phase II. Access is provided from Kirby Street by a 30 feet wide access easement, which serves Brookshire's as well. In addition, cross access is provided by the access easement along the Eckerd's drive on the west property line. Mr. Michael Johnston, 1410 S. Goliad, Rockwall, Texas, represented as the architect for the subject building, stated that the screening around the dumpster is Rockface CMU and will match the color of the building and the architecture of the building will comply with all codes currently in place. Commissioner George asked what type of heating and air conditioning units will be provided for the building. Johnston stated that the location and type of unit was not yet determined. Commissioner George requested that if the heating and air conditioning unit will be placed on the ground, the unit be screened. Johnston replied that screening will be provided. Commissioner Porter expressed safety concern of the location of the dumpster and recommended relocating the dumpster facing inside so as not to block access to the driveway. A motion was made by Commissioner Porter, seconded by Commissioner Adamcik, to approve the Site Plan with consideration of screening of the heating and air conditioner unit and redirect the location of the dumpster. Motion passed 5 —0. P&Z Commission Meeting November 19, 2002 Page 3 of 3 2. Consider a recommendation to the City Council regarding a Final Plat for the Creekside Estates, Phase 2 Addition, generally located east of McCreary Road and north of McMillen Road, being all of a 47.873 acre tract of land, being a portion of a called 114.1554 acre tract of land described in a deed to Campbell/Wylie Partners recorded in Volume 4137, Page 1120 of the Deed Records of Collin County, Texas (DRCCT) and being a portion of a called 112.1246 acre tract of land described in a deed to Campbell/Wylie Partners recorded in Volume 4343, Page 1370, DRCCT, situated in the John W. Mitchell Survey, Abstract No. 589, City of Wylie, Collin County, Texas. Thompson reviewed the history of the zoning of the property and stated that the Final Plat includes 47.873 acres and will create 142 single-family residential lots and provides two park sites totaling 3.147 acres. Gary DeFrain, Estates at Creekside Development, 8235 Douglas Avenue, Suite 650, Dallas, Texas, represented as the applicant, stated that the two parks will be dedicated for the whole 42 acres, which includes the first phase of Creekside Estates. A motion was made by Commissioner Porter, seconded by Commissioner Phillips, to recommend approval of the Final Plat for Creekside Estates, Phase 2 addition. Motion was passed 5 —0. 3. Consider a recommendation to the City Council regarding a Final Plat for the Village Addition, generally located east of Westgate Way and south of Fleming Street, being all of a 16.6883 acre tract of land described in a deed to David Litowitz recorded in County Clerk's File No. 93-0100356 of the Deed Records of Collin County, Texas, situated in the E.C. Davidson Survey, Abstract No. 266, City of Wylie, Collin County, Texas. Thompson stated that the Plat will create 130 single-family residential lots for attached housing on 16.842 acres. The tract of land is zoned Multi-Family, but is being developed for Townhouse (TH) uses with a minimum of 3,500 square feet for exterior lots with side yards and 3,000 square feet for interior lots without side yards. The Plat provides the last portion needed to complete the extension of Fleming Drive toward the west to Westgate Way. There is an exception from the Preliminary Plat to the Final Plat, on Dillman Drive, the detention basin on the south east side of the property, will Plat one parcel of the street. The detention basin is located next to the railroad property and still within the right-of- way on the street but outside the flood line. Chris Walton, Dal-Tech Engineering, 17311 P&Z Commission Meeting November 19, 2002 Page 4 of 4 Dallas Parkway, Suite 200, Dallas, Texas, stated that if required a separation between Dillman and the detention basin will be constructed. The design for the drainage improvements from the property to the east, the Bachon Townhomes site, has not been worked out. Therefore, the exact depth size or design of the detention basin is not yet completed. The safety issues of the traffic on Dillman will be considered upon completion of the design of the detention basin. A motion was made by Commissioner Phillips, seconded by Commissioner Porter, to recommend approval with the stipulation that a separation from the detention basin and traffic area on Dillman Drive. Motion passed 5 —O. PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Single-Family 8.5/17 (SF-8.5/17) to Townhouse (TH), located at 413, 415, 417, and 419 N. Jackson Avenue, being Lots 2B, 2C, 2D and 2E, Block 3 out of the Russell Addition, situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas. (Zoning Case 2002-16) Thompson reviewed the history of the subject property, stating that these lots together total 0.645 acre in size, and individually range in size from 0.15 acre (6,534 square feet) to 0.174 acre (7,579 square feet). The applicant is in the process of consolidating the lots under single ownership with the intention of constructing either duplexes or townhouses. If developed as attached townhouses, the two exterior/side lots must be 35 feet wide and all interior lots 30 feet wide, and such a scheme could yield as many as seven dwellings but will require replatting. If developed as duplexes, with the standards set forth in the Zoning Ordinance no requirement for replatting will be necessary. The applicant was not present due to a family emergency. Commissioner George opened the Public Hearing and no one appeared to speak. Commissioner George closed the Public Hearing. A motion was made by Commissioner Snider, and seconded by Commissioner Phillips, to recommend approval the zoning change 2002-16, to the City Council. Motion passed 5 -0. P&Z Commission Meeting November 19, 2002 Page 5 of 5 2. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Single-Family 10/19 (SF-10/19), located west of F.M. 544 and south of the Stoneridge Farms Addition, being all of a 45.07 acre tract of land as described in a deed to William L. Collins recorded in Volume 309, Page 285, Deed Records of Collin County, Texas, situated in the A. Atterbury Survey, Abstract No. 23, City of Wylie, Collin County, Texas. (Zoning Case 2002- 17) Thompson stated that the subject property was annexed into the City of Wylie on July 9, 2002, and was then zoned Agriculture (A) until an appropriate permanent zoning classification is established. The applicant is requesting rezoning of the 34.306-acre tract to Single-Family Residential (SF 10/19) District in order to develop a subdivision of single-family residences. Thompson reviewed the surrounding properties, stating that the residences are on lots of one acre in size to the north and south. The property to the east across F.M. 544 is zoned Planned Development District (PD 2002-21) for mixed uses and lots range from 7,896 square feet to larger than 12,000 square feet. The major entry street of the subject tract is proposed to align across F.M. 544 with the newly-platted entry to the first phase of the 475-acre Bozman Farms Planned Development District. Public Comment Forms were mailed to eighteen (18) property owners within 200 feet of this request. The total amount of Comment Forms received was 23, some of these outside of the City limits but within the notification area, and all OPPOSING the request. The Comprehensive Plan recommends Country Residential use for the subject property. This classification requires lots of one acre or larger, with rural streets and open drainage and dwellings of 2,600 square feet or larger. The proposed development does not comply with these recommendations of the Comprehensive Plan. The major entry street of the subject tract is proposed to align across F.M. 544 with the newly-platted entry to the first phase of the 475-acre Bozman Farms Planned Development District. The Bozeman Farms PD allows a potential 1,350 single-family lots ranging in size from 6,000 to 8,500 square feet and averaging 7,630 square feet overall. The Bozman PD establishes a dwelling size of 1,700 square feet. Staff recommends denial. The proposal does not comply with the recommendations of the adopted Comprehensive Plan or with existing adjacent development patterns. P&Z Commission Meeting November 19, 2002 Page 6 of 6 Harry James, Realty Development Trust, 1771 International Parkway, Suite 117, Richardson, Texas, represented the developer presented a Power Point presentation to the Commissioners. Mr. James reviewed the history of the property and surrounding properties. Mr. James presented a lot cost/home price comparison, comparing the builder target price with the price of the home when purchased by property owners. If the lots were divided into 8,500 square foot lots the cost of the home by the homebuyer would be approximately $170,455. However, the cost of a home on one-acre would be approximately $369,713 per lot. Mr. James stated that the existing market demands is a smaller lot with lower cost, not for a larger lot with a higher cost. Commissioners discussed with Mr. James the reason for the smaller lot size and the price difference. Mr. James stated that based on the preliminary engineering plans and the preliminary building cost, the land is not economically feasible for the price the homebuilder will propose to sell the home once built on the larger lots. Mr. James stated further that the intention is to build in order to enhance the property across F.M. 544, which is the Lake Trails of Bozman Farms Addition. Commissioner George opened the Public Hearing. Jamie Van Eaton, 1001 Oakbrook Drive, Wylie, spoke in opposition of the development, and reminded the Commissioners and Developer of the purpose of the Comprehensive Plan. Mrs. Van Eaton encouraged the Commissioners to follow the Comprehensive Plan, which does not recommend smaller lots for the subject property but rather recommends larger lots. Chris Fry, 851 Crest View Lane, Wylie, presented a Petition in Opposition of the development. Mr. Fry stated that the citizens voted the Wylie Comprehensive Plan and the land is in a Single-family large acre district. Rhys Venett, 815 Twin Oaks Drive, Wylie, spoke in opposition of the development, and stated that the area is more rural country living and recommended larger lots. Joann Schweitzer, 881 Twin Oaks, Wylie, spoke in opposition of the development and represented several homeowners in the Twin Oak subdivision and recommended larger lots. Mrs. Schweitzer pointed out the traffic issue the number of houses would present. Commissioner Porter pointed out that the City of Wylie has no control over the S.H. 78 or F.M. 544, as these roads are state roads and complaints should be made to the office in McKinney. David Cannon, 931 Oakbrook Drive, Wylie, spoke in opposition of the development and recommended larger lots. P&Z Commission Meeting November 19, 2002 Page 7 of 7 Paul Molesworth, 811 Oakbrook Drive, Wylie, spoke in opposition of the development and stated that the privacy of owning horses would cause problems with citizens not familiar with horses or rural living. Greg Grubb, 939 Twin Oaks, Wylie, spoke in opposition of the development and stated that he shares the same concerns already presented, and request an explanation of if there is not a market for larger lots than how did Stoneridge Addition get sold very quickly. The southern border of the development has a power line easement, which abuts to Mr. Grubb property and expressed concern of safety issues on building over the easement. Kenneth Brown, 825 Twin Oaks, Wylie, spoke in opposition of the development and recommended one-story houses on the development on one-acre lots, due to no buffer between the subdivisions to the north and south with one-acre lots. Dorothy Molesworth, 811 Oakbrook Drive, Wylie, spoke in opposition of the development and expressed concern of drainage on the back of property and the easements. Elva Fay Martin, 849 Twin Oaks, Wylie, spoke in opposition of the development and stated that there is a large market for larger lots and the smaller lots is an invasion of privacy for the property owners with one-acre lots. Dion Alvarez, 911 Oakbrook Drive, Wylie, spoke in opposition of the development and recommended larger lots. Robert Vick, 865 Twin Oaks, Wylie, spoke in opposition of the development and recommended larger lots and expressed concern of the traffic. Mr. Vick requested that the Commissioners be a voice to the office in McKinney for the roads to be expanded. Susan Savarese, 651 Oakbrook Drive, Wylie, spoke in opposition of the development and recommended larger lots and expressed concern of traffic, and the safety concern for the drainage and easements. Barbara Brown, 825 Twin Oaks Drive, Wylie, spoke in opposition of the development and recommended larger lots. Susan Pearson, 1011 Oakbrook Drive, Wylie, spoke in opposition of the development and expressed safety concerns of the power line easement and questioned who will maintain the walking trail. James Keller, 1090 F.M. 544, Wylie, spoke in opposition of the development and expressed concern of the infrastructure. P&Z Commission Meeting November 19, 2002 Page 8 of 8 Joel On, 921 Oakbrook, Wylie, spoke in opposition of the development and questioned the open drainage. Thompson stated that guidelines must be met for drainage before construction is started and the drainage must flow naturally and not be obstructed. Glenn Barton, 801 Oakbrook, Wylie, spoke in opposition of the development and expressed concern for privacy fences and recommended wrought iron fences. Linda Housewright, 1645 E. F.M. 544, Wylie, the property owner of the subject property. Mrs. Housewright spoke in favor of the development and questioned the opposition for growth. Commissioner George stated that the opposition was not discouraging growth but rather discouraging the City not following the Comprehensive Plan. Janut Van Eaton, 1001 Oakbrook Drive, Wylie, spoke in opposition of the development and encouraged the Commissioner to abide by the Comprehensive Plan for larger lots. Mr. Van Eaton questioned who at TXU stated that a sidewalk could be built over the high-pressure gas line, because Mr. Van Eaton was told by TXU that a sidewalk could not be built. Gary James, 1031 Oakbrook Drive, Wylie, spoke in opposition of the development and stated that larger lots are recommended. Mr. James also expressed concern of traffic and crime rate increasing due to too many houses in a very small area. Joe Murray, 620 Oakbrook Drive, Wylie, spoke in opposition of the development and stated that growth will be good for the citizens of Wylie; however, building a beehive will not be very good. Joseph Savarese, 651 Oakbrook Drive, Wylie, spoke in opposition of the development and encouraged larger lots. Phil Clegg, Realty Development Trust, 1771 International Parkway, Richardson, Texas, partner with Mr. James, stated that rural setting is very unusual for the market today. The tract of land is very difficult to develop due to power line easement, drainage issues and the layout of the tract. The drainage issue is solvable and desires no conflicts with the homeowners, so will cooperate with the existing homeowners. On the power line easement from TXU, Mr. Clegg did speak with TXU, and there are several ways to build around the easement. Commissioner George closed the Public Hearing. Commissioner George opened discussion with the Commissioners as to deviate from guidelines or to stand by the guidelines in the Comprehensive Plan. Thompson stated that the Comprehensive Plan is a general guide, which must be implemented by the zoning of the area. This is not a democracy the government does not stipulate the land use, rather each case is reviews in light of the Comprehensive Plan and the surrounding properties. P&Z Commission Meeting November 19, 2002 Page 9 of 9 A motion was made by Commissioner Porter, and seconded by Commissioner Adamcik to recommend denial of the zoning change based on the fact that the proposal does not conform to the Comprehensive Plan. Commissioner George adjourned the meeting for a break at 9:30 and the meeting re- adjourned at 9:45p.m. 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 mixed uses, including commercial and residential of various densities and housing types. Generally located south of F.M. 544 and west of Country Club Drive, being three separate parcels totaling 157.2888 acres, Parcel 1 being a 37.3823 acre tract of land situated in the I&GN Railroad Company Survey, Abstract No. 1061 and L.K. Pegues Survey, Abstract No. 703, Parcel 2 being a 68.3705 acre tract of land situated in the L.K. Pegues Survey, Abstract No. 703, and Parcel 3 being a 51.5360 acre tract of land situated in the W.M. Sachse Survey, Abstract No. 835, City of Wylie, Collin County, Texas. (Zoning Case 2002-18) Thompson stated that the applicant is requesting rezoning of the subject 157.29 acres in order to permit a master planned multi-use community comprising single-family residential neighborhoods of varied densities and building types, multifamily residential apartments, retail and commercial uses and private open spaces. Thompson reviewed the annexation history of the subject properties and the zoning of the surrounding properties. Thompson also reviewed the proposed Concept Plan of the Planned Development District for each tract of land, and how many acres or percentage will be allocated. The Commercial uses, totals about 39.7 acres or 25.2 percent and abuts the Regency Business Park on the west. About 19.5 acres or 12.4 percent total Multifamily Residential with a density of 18 dwelling units per acre. The Townhouse residential reflects an overall density of 7.24 dwelling units per acre. The single-family residences are modified from the standard SF8.5 regulations of the Zoning Ordinance to allow lots of 7,200 square feet. Fronting Hensley Lane to the south is allocated to single- family residences with lot sizes of 10,000 square feet minimum, and abutting this strip to the north is single-family residences slightly modified from the SF 8.5 standards. The area does have development constraints. The floodplain of a Muddy Creek tributary dissects the southeastern portion of the property. There is an existing major electric transmission line as well as the planned southward extension of Country Club Road, and these corridors divided the property into several smaller segments. Public Comment Forms were mailed to sixty-five (65) property owners. There were seven (7) Comment Forms returned, representing thirteen (13) parcels of land, and all FAVORING the proposal. P&Z Commission Meeting November 19, 2002 Page 10 of 10 Thompson reviewed the stated purpose of a Planned Development District. Thompson also reviewed the Village Center concept of the Comprehensive Plan that focuses residential uses around a central commercial/institutional core. While the subject request generally follows the Village Center concept of the Comprehensive Plan, it does not conform to the residential densities recommended by the Plan and permitted by the Zoning Ordinance. The Subdivision Regulations require alleys within all residential developments. The PD Conditions waive this alley requirement, and leave the provision of alleys to the discretion of the developer at the time development plans and plats are formulated for the individual phases of the development. Thompson reviewed the PD Condition proposed requirements with the required Design Standards required in the Zoning Ordinance. Staff recommends denial of the requested rezoning. The proposal is not consistent with the Comprehensive Plan, and allows too much unjustified variance from code requirements. Commissioner Tony Snider excused himself at 10:40 p.m. Don Herzog, Herzog Development Services, 9696 Skillman Street, Dallas, Texas, representative as the applicant for the subject property, presented to the Commissioners expanding the Village Center corridor which is recommended in the Comprehensive Plan with additional single-family residences and expansion of the Thoroughfare Plan will be consistent with the Thoroughfare Plan for the City of Wylie. Herzog further reviewed the individual tract of land with the proposed PD Conditions for the tract of land. Commissioner George questioned the reasoning for the deviation from the Comprehensive Plan and the requirements in the Zoning Ordinance. Herzog stated that the expansion of the Business Center and corridor of the F.M. 544 will create a major opportunity for taxpayers to the City of Wylie. Commissioner George opened the Public Hearing. Tim Johnson, 932 Hooper Road, Wylie, spoke in opposition of the development and stated that his property is immediate south to the Townhomes tract of land. Mr. Johnson stated that the proposed development would cause the value of his property to decrease with the smaller lot sizes and compromise their way of living. Herzog responded that building a house on a large lot next to the Business Center is not feasible. P&Z Commission Meeting November 19, 2002 Page 11 of 11 Wayne Rich, 102 Hensley, Wylie, property owner 20 acres directly south of parcel two, and very impressed with the proposed development; however, did question the plan for Hensley road and bridge structure designed on Woodbridge Parkway. Thompson stated that a new road will be developed once the new WISD stadium is completed, in order to direct the traffic for the visiting team from the south. Herzog stated that there will be bridge structure, and the lots developed will be to the east of the creek. Chris Fry, 851 Crestview Lane, Wylie, spoke in opposition of the downgrade from Woodbridge and the multi-family residential district and recommended large one-acre lots. Herzog stated that the area is more Business Center than residential. Commissioner George closed the Public Hearing. Commissioner George adjourned the meeting at 11:05p.m. and the meeting was reconvened at 11:10 p.m. The Commissioners expressed desires to see development following the standards of the Zoning Ordinance and not deviate the standards as presented. Herzog stated that on the multifamily residences, the dwelling unit be changed from 18 to 15 dwelling units. The side yards for the single-family residences be changed from the 15 feet to the required 25 feet. The house sizes be changed to 1,500 square feet, 1,600 square feet and 1,700 square feet, but keeping the 7,200 square feet lot size. A motion was made by Commissioner Porter to recommend denial based on the development deviates too much from the Comprehensive Plan. The motion died due to lack of second. Herzog requested the item to be tabled, in order to review the density, lot sizes and parking size with Staff and present to the Planning and Zoning Commission on December 3, 2002. A motion was made by Commissioner Phillips, and seconded by Commissioner Adamcik, to recommend tabling the rezoning request until December 3, 2002. ADJOURNMENT A motion was made by Commissioner Porter, and seconded by Commissioner Adamcik, to adjourn. The meeting was adjourned at 11:40 p.m. Michael George, Chairman M V Bradley, Secretary