08-28-1995 (Planning & Zoning) Minutes MINUTES
The Planning and Zoning Commission met in a Called Business Meeting on August 28, 1995, at 6:30
p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North,
Wylie, Texas 75098. A quorum was present and a notice was posted in the time and manner required
by law.
COMMISSION MEMBERS PRESENT: Chairman Bart Peddicord, Vice-Chairman Rich Eckman,
Cecilia Wood, Steve Ahrens, Tim Owen, John Crowe and Stuart Allison.
ABSENT: All present.
STAFF MEMBERS PRESENT: City Manager, Mike Collins; City Secretary, Mary Nichols;
Director of Community Development, Mike Phillips; Technical Coordinator, Lisa Price and
Secretary, Rebecca Rogers.
ACTION ITEMS
ITEM NO. 1: Consider approval of the Minutes from August 21, 1995 Regular Business Meeting.
A motion was made by Steve Ahrens and seconded by Rich Eckman to approve the Minutes as
submitted. Motion carried, all in favor(7 votes).
PUBLIC HEARING
ITEM NO. 1: Hold Public Hearing to consider a recommendation to the City Council to review and
consider amending a Specific Use permit for an Auction House, "Phoenix Galleries", located at 130
N. Ballard Avenue and further described as Lot 18, Block 18, the Railroad Addition. Doyle Spurgin
of Phoenix Galleries, 302 N. Ballard,Wylie, Texas 75098 was present to speak for the Specific Use
change. There were no citizens present to speak against it. Mr. Spurgin asked how often would he
have to renew his SUP, he was under the impression that once he got it he would not have to do it
again. Mike Phillips, Director of Community Development replied that SUP's were reviewed after
18 months. Because Mr. Spurgin requested to amend at his review, a public hearing was required.
Mr. Spurgin requested for the number of occupants to be changed to 200 people from 100 people.
Mr. Phillips stated that he was unaware of this request, but there was enough parking available for
the proposed occupant load. Rich Eckman asked about the parking conditions, if there was still an
agreement with First Baptist Church for parking overflow. Mr. Phillips stated that the agreement
with First Baptist Church was still in place. Mr. Spurgin stated that the majority of the parking
occurred along Ballard Avenue and the side of his building. Rich Eckman also asked if Mr. Spurgin
was asking for unlimited Sundays for his auctions at Phoenix House. Mr. Spurgin replied that he was.
Chairman Peddicord asked what the previous SUP was, which Mr. Phillips replied that it was five
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Sundays per year. Chairman Peddicord asked what the other auction house's SUP was and Mr.
Phillips replied that it was for one Sunday per month. Rich Eckman questioned if the parking for this
additional time has been allowed for. Mike Phillips stated that when they calculated parking, they had
calculated it for unlimited Sundays which was Mr. Spurgin's original request. If we permit one
Sunday per month,with Mr. Spurgin's request for 200 occupancy load, the parking would make Mr.
Spurgin's SUP equal with the other auction houses's SUP . Mr. Spurgin asked how long this SUP
would be for. Mr. Phillips responded that since his SUP was being amended at this time and that a
review time has been set to coincide with the other auction house's SUP, Mr. Spurgin's review would
be 15 months instead of the normal 18 months. Chairman Peddicord asked if there was anyone else
present to speak against the amending of the SUP, no one present. Chairman Peddicord closed the
Public Hearing and asked if there were any questions. Steve Ahrens asked if there was a problem
with it being unlimited Sundays and Chairman Peddicord responded only that the other auction house
is limited to one Sunday per month and the commission is trying to keep the auction houses the same
because they are the same type of business. Motion made by Steve Ahrens to recommend to City
Council to consider and amend the SUP for Doyle Spurgin's auction house to be open one Sunday
per month (to be in agreement with the other auction house's SUP). Mr. Spurgin asked if he was
going to be limited to one Sunday per month and Chairman Peddicord responded in the affirmative,
Mr. Spurgin would still have his Tuesdays and Saturdays plus the twelve (12) Sundays per year.
Motion carried, all in favor(7 votes).
ITEM NO. 2: Hold Public Hearing and consider a recommendation to the City Council a
request from Wylie Bilco, Inc. for a zone change from a multi-zoned tract of land consisting of
"SF-1", "SF-2", "SF-3", "SF-A", "2-F", "MF", "B-1", "B-2", "P" and "R" to "PD" (Planned
Development, including but not limited to uses similar to those found in the City of Wylie's
Comprehensive Zoning Ordinance for residential and non-residential use with the exception of
minimum lot sizes of 5,000 square feet, multi-family, commercial and retail uses)for a 630 acre
tract of land to be platted as Birmingham Park, generally located east of FM 1378 and north of
FM 3412 (West Brown Street).
Chairman Peddicord opened the meeting with a statement that we are here tonight to discuss land use
and zoning issues only, development issues will be discussed at a later meeting. Mike Collins, City
Manager, made a few introductory remarks about the development of 630 acres in the core of our
community being a positive process and that we've structured the meeting this evening to allow
everyone the opportunity for comments and questions. Mike Phillips, Director of Community
Development, reiterated that a "Planned Development" district was "intended to provide for
combining and mixing of uses allowed in various districts with the appropriate regulations and to
permit growth flexibility in the use and design and zoning and buildings in situations where
modification in specific provisions of this ordinance is not contrary to it's intent and purpose or
significantly inconsistent with the planning on which it is based and will not be harmful to the
neighborhood. A "PD" district may be used to permit new and innovative concepts in land
utilization." With those purposes n mind, the staff felt from the beginning that this plan should be
modified within the scope of the current zoning ordinance instead of creating new and different
zoning classifications. The zoning ordinance has been modified with the exception of building height
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and maximum lot coverage in this proposal. Also,there is a significant reduction in quality standards
that have been established in our zoning ordinance. B-2 zoning inappropriate, it leans more towards
a light industrial type of use instead of retail. The Multi-familyB-2 area being proposed adjacent to
the elementary school is inappropriate due to the higher densities and traffic problems. The
comprehensive ordinance adopted in 1993 calls for single family district to
be low density in nature and the densities offered in this new development are higher than what our
current density plan allows them to be.
Chairman Peddicord opened the Public Hearing. Presentation by the developer. Brad Meyers, with
Carter- Burgess, 7950 Elmbrook, Dallas, Texas,was present to represent the owners (also here - Skip
Hynek and John Wells) along with Karen Porter, also with Carter-Burgess. Owners purchased the
land a year and a half ago, worked on putting together a zoning application for this project. Have
talked with builders, finding out needs and successful types of products. Came up with an informal
presentation which was brought before the Planning & Zoning Commission and the City Council.
Mr. Meyer showed slides on how the property is currently zoned, consolidation the acreage's into
single family and non-single family and density figures. Current zoning shows 375 acres of single
family. Carter-Burgess has replaced SF-A, 2-F and SF-1 with their modified zoning single family lots
(R-5=5,000 sq. ft.. lot;R-6=6,000 sq. ft.. lot; R-7.5=7,500 sq. ft.. lot). They have made a chart that
they feel shows the densities they are proposing to be equal with the current zoning. (SF-1=2.8 units
per acre, SF-2=3.4 units per acre, SF-3=3.8 units per acre, SF-A=8.0 units per acre, 2-F=6.0 units
per acre). Current zoning to yield 1,573 lots in that area, divide that by 375 acres and that gives you
a density of 4.2 units per acre. The proposed zoning would yield 2,002 lots, divide that 474 and that
gives you a density of 4.2 units per acre. The difference in the acreage is that Carter-Burgess has
converted 100 acres of non-single family to single family in their proposal). Also, they are proposing
a smaller amount of MF(42 acres)and B-2(26 acres). The 30 acre discrepancy is land that has been
sold to the school district. They feel their proposal makes a lot of sense for the community, instead
of selling the land off piece by piece. In order to finance the amenities and assure homeowners that
they have a builder they an depend on, they need to bring in a major builder that can weather the
storms. In order to do that, you need to have the type of housing projects that attract the larger
builders, this enables the developer to spend the up front money for the amenities. Based on current
zoning,they see no increase in traffic with their proposed zoning - same density as what's there (4.2
units per acre). Flood plain issues -Less non-single family use proposed so it should be the same if
not less run off Road issues they are proposing: Park Road (e-w thoroughfare alongside north of
tract) developer to pay for two (2) twenty-five (25) ft. back to back lanes, where developer has
property on both sides of the road; where the developer has property on one side of the road, they
propose one(1)twenty-five(25)ft. back to back lane. On the north-south roadway (adjacent to the
park),they propose a cost-sharing situation between the city and the developer based on the length
of the frontage. The developer being responsible for what he fronts and the city responsible for the
park area that they would own. On FM 3413 (Brown Street), since it is a Farm Market road, it
would be the states responsibility, no developer responsibility on that road or on FM 1378 (County
Club Road). The City would have responsibility for bringing water and sanitary sewer lines to the
site and the developer would be responsible for extending those lines onto the site. The developer
would be responsible for dedicating the lake area to the city and the city would be responsible for
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obtaining a state grant from the Texas Parks and Wildlife Dept. to fund some improvements as well
as dredging a trail around the park and park maintenance. Carter—Burgess did get some indications
at the City Council meeting that Multi-Family/B-2 would not be appropriate next to the elementary
school and they are working on that. In some of the PD they are asking for less than what is required
and in other areas they are offering more than what is required.
Mike Phillips stated that citizens comments would be next and that a question and answer session
would follow that. The citizens with comments were(in order of comments): Marsha Naylor, Bobby
Jennings,Kathryn Boucheck,Melissa Nichols, Chris Cooney, Jeannie Meares, Dennis Williams, John
Boston, Joseph Hurilio, Laura Barron, Tim Bates, Pam Nicholson, and Lynn Cash. Their comments
touched upon the following: lot and house sizes being too small - encouraging low socioeconomic
home buyers, devaluation of neighborhood and surrounding properties, multi-family/B-2 next to the
elementary school, thoroughfare plan preventing city services getting from one development to
another within the development, infrastructure problems, residents being responsible for paying for
street improvements and park development, academic decline caused by rapid development, 1 -2 acre
ranchettes suggested to keep "country feel", look into attracting more business to relieve citizen
burden, progress is good but only if done responsibly, and for developers to rework their proposal
and come back with a better plan.
Chairman Peddicord stated that the commission will take a five minute break and when we return,
we will begin the question and answer session. Chairman Peddicord called the meeting back into
order and stated that the developer had a few comments before we started the question and answer
„w. session.
Brad Meyer stated that there were a few things that he wanted to clear up. Streets that would be
adjacent to Birmingham Park would be tied into other developments, not leaving dead-end streets.
Only objections was making collector streets for traffic cut through. Rational on how they came up
the lot/house size;they are looking at a long term project(estimate 15 years) and are trying to project
for the future. While building sizes are bigger now, they might not be several years from now.
Trying to be on a level playing field with the rest of the developers in Wylie without being put at a
disadvantage. Impact of the development will not hit all at once as assumed by the public, therefore
not affecting the infrastructure, schools, city services, etc. Simply requesting a zoning change, not
to zone from scratch. They could come in and develop it as it is now. However, that is not their
intention, looking for a master planned community, owned by one owner, built by one builder.
Chairman Peddicord opened the question and answer session of the Public Hearing with one only
person signed up for questions. Gerry Smith, Jeannie Meares, Tim Bates, Lynn Cash, and Melissa
Nichols had several questions concerning the following: How long Cater—Burgess and Wylie Bilco,
Inc. had been in business? Why they didn't show anything that they had developed? Why wouldn't
Carter—Burgess send any info. on their company? Who is Wylie Bilco, Inc.? Have you considered
an apartment complex for senior citizens? Are the apartment dwellers to be included in the
homeowners association and have use of the amenities? Any pictures of developments you have
built? Where in Wylie are they building 1,100 sq. ft. homes on 5,000 sq.ft. lots, this not appropriate
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to Wylie. How big of a house can you build on a 5,000 sq. ft. lot? What happens to the lake/park
area if the City of Wylie decides not to develop it? Why not start the building sizes in the same area
as current builders are doing?
Skip Hynek of Wylie Bilco, Inc. answered that no decisions had been made as to the amenities being
made available to tenants of the multi-family housing(if that is what gets built there). Carter—Burgess
is an Engineering company hired by Wylie Bilco, Inc. to help design and develop this project. Wylie
Bilco, Inc. is a general partner of a limited partnership called Birmingham Land Limited. Skip is one
limited partner of five limited partnerships under a general partner, John Wells is another one. Skip
has been in real estate since 1983 and has developed approx. 10,000 lots in and around the metroplex
and other areas in Texas. A limited partnership is a standard way of doing business. Wylie Bilco, Inc.
does not have any other projects that they have done, but some of the limited partners under other
general partnerships have developed quite a bit. Slides weren't shown of a planned community that
they had done because they had never done one with a divided entryway and didn't feel it would be
represented correctly if they had shown something that was not a divided entryway. There are no
pictures of what we have built,we are not the builder,just the developer. A developer is the one who
puts in the streets and utilities and sells the lots to homebuilders. One development that was
developed is on Frankford east of Prestonwood in North Dallas.
Chairman Peddicord interjected that this meeting is for zoning issues and we need to confine our
questions and remarks to that. These other items will be addresses at a later date.
Brad Meyer addressed the questions of who they are. Carter-Burgess is a surveying, landscape
architecture,mechanical, electrical planning and architectural company. The largest engineering firm
in Dallas-Ft. Worth area, approx. 750 employees with offices all over the country. They have done
Twin Creeks in Allen, Tamarron project in Southlake (mobile community), Park Lane - Hillwood
Development (Ross Perot's development group), Indian Creek Ranch in Carrollton, Vista Ridge in
Lewisville, the Stewart Peninsula on Lake Lewisville(golf course community), and currently working
with Jerry Jones on his property in McKinney. Offered all the information desired on
Carter—Burgess. Skip Hynek stated that he didn't know any place that was building the 1,100 sq. ft.
homes on 5,000 sq. ft. lots, but in the future the current building trends may not be present and they
want to protect their interests and remain competitive with the rest of the developers. As far as the
lake/park area is concerned, if Wylie does not want it, it will remain the developers property and
possibly become a private lake for the development. As far as the size house that could be built, we're
estimating 2,000 sq. ft. keeping within the 20 ft. setback and 40% lot coverage on 5,000 sq. ft. lot.
The amenties provided make up for the lack of yard. There is no reason why the builders would not
build a house bigger than the minimum, the numbers won't work. They are just planning for the
future if there is a decline in the building industry. Wylie Bilco, Inc. will do everything within their
ability to work with the citizens on this project.
The commission members had some questions/comments concerning the following issues: Were the
questions in Mike Phillips' letter of July 27, 1995 answered? Could you rethink your proposal and
bring something back better suited to our community? Costs to the City of Wylie for infrastructure,
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education, city services, park improvements, multi-family next to school, what is the developers fair
share? Who was contacted regarding conservation dam requirements? Proposed zoning changes,
lot sizes to small, needs to be up to our current standards. Where is the equal playing ground level
when what the developer is proposing is smaller that all other developments in Wylie? Mike Phillips
stated that he believed Wylie Bilco, Inc. had the wrong ordinance in regards to zoning. Ordinance
#86-1 is the most current and that Wylie Bilco had Ordinance#85-46 and that this difference would
make the density figures compute differently.
Skip Hynek replied that he had received Mike Phillips' letter from Karen Porter and answered his
questions on the telephone. They feel that the city could re-coup the costs through taxes that would
be paid by the new homeowners and impact fees passed onto the builders. They will take a look at
the zoning next to the elementary school and try to work something out. Brad Meyer stated that he
didn't have the name of the person he contacted regarding conservation dam requirements but did
state that as long as they stayed above the required elevation they would hve no problems. Mr.
Meyer also stated that they ordinance he had was 85-46 and that he would like to get a copy of
Ordinance 86-1 and would have to re-calculate their figures. In regards to the lot/house sizes, they
feel that the amenities that they are proposing would make up for what they lack in land.
Chairman Peddicord suggested to the commission that this Open Hearing be tabled and have the
developers visit with staff, make some adjustments on their proposal and come back to continue this
meeting on October 2, 1995. Motion was made by John Crowe to table the Public Hearing until
October 2, 1995, seconded by Steve Ahrens. Skip Hynek unable to attend October 2, 1995. Motion
to amend the prior motion made by John Crowe to table the Public Hearing until October 16, 1995,
seconded by Steve Ahrens, motion is carried. All in favor(7 votes).
ADJOURN: A motion was made by John Crowe and seconded by Cecilia Wood to adjourn.
Motion carried, all in favor(7 votes). Chairman Peddicord adjourned the meeting.
Respectfully submitted,
Bart Peddicord, Chairman Rebecca Rogers, S cretary
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