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07-01-1996 (Planning & Zoning) Minutes MINUTES The Planning and Zoning Commission met in a Regular Business Meeting on July 1, 1996, 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, Steve Ahrens, Cecilia Wood, Tim Owen, Stuart Allison, Rich Eckman and John Crowe. ABSENT: None STAFF MEMBERS PRESENT: Director of Community Development - Mike Phillips and Secretary- Rebecca Rogers. ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes from June 3, 1996 Regular Business Meeting. A motion was made by John Crowe, seconded by Stuart Allison to accept the minutes with corrections as noted. Motion passed, all in favor(7 votes). Chairman Peddicord noted that all members (Rich Eckman, Tim Owen, Bart Peddicord and Cecilia Wood) of the Commission whose term had expired had been re-appointed. Mike Phillips said that a group swearing in would be held at City Council meeting on July 9, 1996. Chairman Peddicord also stated that the election of officers would be held at the next P &Z meeting. PUBLIC HEARING ITEM NO. 1: Hold a Public Hearing and consider a recommendation to the City Council a request from Richard Parker for a zone change from "A", Agriculture to "MF", Multi-Family for a 16.356 acre tract of land located at the southwest corner of Parker Road and Ballard Avenue and further described as the W.D. Penny Survey, Abstract No. 696, Tracts 33 & 33-9. Chairman Peddicord asked Mike Phillips, Director of Community Development if Staff had any comments/recommendations regarding this request. John Crowe noted that the request was for 16.356 acres but the section of property itself is a 40 acre plot. Mike Phillips stated that there are discrepancies in the actual lot size and what the map reads because the map is not updated every time a piece of property is sold. Stuart Allison asked if any more questionnaires were returned and Mr. Phillips said no (only one returned from Jack Parr). Chairman Peddicord opened the Public Hearing and asked if anyone was present to speak for the 1 zoning change request. Richard Parker, 630 Ballard Ave. (PO Box 307), Wylie, Texas, was present to speak for the request. Mr. Parker stated that he feels that this an excellent location for an apartment complex due to the area. Mr. Parker also feels that the apartments will expand the City's tax base. Mr. Parker also owns some single family zoned property in the area that he intends to develop in the future. Chairman Peddicord asked if anyone else was present to speak for the request, no one else present. Chairman Peddicord then asked for anyone present to speak against the request. Bill Downs, of 601 Parker Road,Wylie, Texas stated that he felt that this property was best used for single family homes as planned in the Comprehensive Plan. Wylie already has 200 acres zoned for Multi-Family use allowing 4,000 units, use those already zoned for Multi-family instead of changing zoning to accommodate Mr. Parker. Apartments in that area will have a heavy impact on schools, police, emergency services, and traffic. Parker Road(which is already heavily traveled) is a gateway to the City of Wylie from the west and we have already have bad impressions when entering Wylie from FM 544 or Hwy. 78. Doesn't feel apartments in this area would be best for Wylie, feels that they would be low cost housing units. Mr. Downs would like for the P & Z Commission to honor the Comprehensive Plan. Cecilia Wood asked Mr. Downs if he received and returned the Public Hearing notice, Mr. Downs responded that he did receive it and did not return it because he appeared here tonight. Mr. Downs stated that he was surprised that none of his neighbors received any notification of this requested change. Ms. Wood stated that there was a 200 feet requirement for notification (must live within 200 ft. of the property in question). Mr. Downs asked if he was the only one who received notice and did not feel that was adequate notification. Chairman Peddicord stated that these are the rules and regulations that must be followed. John Crowe asked if Mr. Parr(the one person who returned the notice)was sent the notice because he lived at 818 Foxwood Lane or because he owned property within the 200 ft. of Mr. Parker's property. Mr. Phillips stated that he probably owned property close to the property in question. Mr. Parker stated that Mr. Parr sold the property to him. Mr. Downs asked what Mr. Parr's response to the notice was and Mr. Phillips replied that it was in favor of the request. Dean Humphreys, 106 Windsor Drive, Wylie, Texas (notified by Mr. Downs, not the City). Mr. Humphreys feels that the City of Wylie developed the Master Plan for a reason and if it is deviated from, a lot of problems will arise. Mr. Humphreys has noticed that apartment dwellers spend a lot of time walking to convenience stores. With the proposed apartments, additional zone changes would be required the accommodate retail. Mr. Humphreys would like the Zoning Commission to stick with the Master Plan. Chris Taylor, 129 Fairmount,Wylie, Texas (notified by Mr. Downs, not the City) Mr. Taylor stated that Mr. Parker was in business to make money,he doesn't have to live in this area. Mr. Taylor asked if anyone would want apartments in their backyard. He doesn't feel that this would be the best that Wylie has to offer in apartment living. It may be good for the tax base initially, but you have to allow for increased traffic and an increase in city services. Ms. Wood questioned how close Mr. Humphreys lived to the cabinet shop and he responded that lived at the end of the block of Windsor, in the cul-de-sac and that the back of his house faces a body shop. 2 Lynn Tuggle, 103 Fairmount, Wylie, Texas(notified by the City). Ms. Tuggle moved to Wylie for the country"feel",to get away from the city and appreciates where she lives. She did not move here to be surrounded by apartments and feels that development of single family homes would be fine. Ms. Tuggle would like to see the City stick with the Master Plan. David Shaddox, 109 Fairmount,Wylie, Texas, works for Dallas County Sheriff's's Dept. Within his job,Mr. Shaddox has seen and worked with people in the type of housing that Mr. Parker is planning and does not want that type of housing in this community. Mr. Shaddox moved here from Garland to start and raise a family in the atmosphere that Wylie has. He would like to see the City improved, however, he would like for the City to stick with the Master Plan. John Phillips, 126 Windsor Drive, Wylie, Texas(no notice received). Mr. John Phillips stated that when you have that much concentration in a small area you start to have problems with crime and domestic violence,heavy traffic, and all other kinds of problems. Mr. Phillips would like to keep this a nice residential area. Mary Shaddox, 109 Fairmount,Wylie, Texas(no notice received). Ms. Shaddox works in Greenville and decided to move here after a good deal of research and a lot of her family has moved here. Ms. Shaddox has previously lived in apartments and they are fine, but apartments do cause a lot of traffic, lots of children running around, and constant in and out traffic. She stated that she paid as much for rent as she now does for her mortgage and even with that type of apartment, you still have the problems. Ms. Shaddox feels that no one wants to see apartments as they enter Wylie on Parker Road. She would like to see Wylie grow, but not with apartment complexes. Develop the areas already zoned for multi-family and stick with the Master Plan. Darryl Morgeson, 122 Windsor,Wylie, Texas(no notice received), feels that Wylie should stick with the Master Plan in regards to having single family dwellings there, not multi-family. Families take a lot of pride in their yards and neighborhood and children have a nice place to grow up. Apartments dwellers come and go. Develop what's already zoned for multi-family and develop single family residential in this area as planned. We need to make a better statement for Wylie and take pride in the community. Mabel Cox for Joe Cox, 125 Windsor Drive, Wylie, Texas. Speaking for her son who was unable to be here, stick with the Master Plan, schools will be overloaded and have a bad effect on the children. Garrett Cox(son of Joe Cox), 125 Windsor Drive, Wylie, Texas, is a student in the Wylie school system and feels that schools are already overcrowded and students are currently sitting on the floor for classes. The addition of the new high school will alleviate the current problem, but if apartments are added, this will continue the overcrowding of the schools, not improve it. John Phillips, 126 Windsor Drive, Wylie, Texas, made a suggestion that this request be tabled until everyone in the neighborhood can be notified. Chairman Peddicord stated that legal notification requires that a property owner must live within 200 ft. of the property in question and reside within the city limits and that is what the City has to go by. Mr. J. Phillips stated that the Commission 3 should do something about the regulations. Ms. Wood stated that a limit was needed or everyone in town would have to receive a mailing every time there was a zoning change. Mr. J. Phillips asked about publishing the legal notice in the newspaper and Mr. Mike Phillips responded that it was published in the Wylie Newspaper for two weeks prior to the meeting and that it was also posted on the agenda board outside of city hall. Chairman Peddicord stated that this is what city code called for and that is what the Commission adheres to. No one else was present to speak against the request. Chairman Peddicord closed the Public Hearing. Chairman Peddicord commented that apartments are not always public housing. <'Th4 quite a difference from public housing and a nice upgraded apartment complex. Chairman Pe icord asked Mike Phillips for comment. Mike Phillips stated that the Comprehensive Plan shows the area to be residential and according to the development standards of the Comprehensive Plan, an apartment complex would fit into those standards for residential. The Comprehensive Plan is a guideline that can be changed to fit the needs. Chairman Peddicord noted that in the development standards of the Comprehensive Plan, it states "housing should be dispersed so that no more 200 units are developed in any one area". Chairman Peddicord didn't think there were any other units in that area., Mr. Phillips confirmed this. Ms. Wood addressed the public and said that the P& Z meetings are held fairly regularly and that it is nice to see them here tonight, but they should also come when it doesn't directly involve them and see what goes on. Ms. Wood also spoke to everyone who spoke against this request. Wylie was a nice, quiet country town but you cannot stop growth. Also, the Master Plan has been changed several times over the years and it will continue to change as the economy, the needs of the people, and the needs of the area changes. There is no reason to assume that every person that rents an apartment is going to have 1 -7 children. A lot of people that live in apartments are single and have no children. Lastly, if there is a property owner whose property is adjacent to a zoning change and is opposed to it,Ms. Wood will oppose it. Mr. Downs said that he didn't hear any one in the room tonight say that no growth would be appropriate for Wylie. The City of Wylie's estimate on occupancy rate for apartment buildings is 3.5 and Mr. Downs would assume that information was based on experience and not guessing. He realizes that not every one has children, but with a 3.5 occupancy rate, there will be plenty of children. Ms. Wood asked if anyone had considered that in single family zoning, a planned unit development with zero lot line homes that are not much bigger than apartments could be developed. Mr.Downs asked if Ms. Wood would approve that,Ms. Wood responded that she did not say whether she would approve it or not, but that it is a possibility of what could be developed there. Mr. Downs asked if the Commission votes in private and Chairman Peddicord responded that it is not private, but the Public Hearing is closed. Chairman Peddicord asked for John Crowe's comments. Mr. Crowe responded that he had a figure of 200 acres of property zoned for Multi-Family in Wylie and asked if that was accurate. Mr. Phillips responded that it was. Mr. Crowe stated that Rockwall has a ceiling on apartments and no more apartments allowed to be built there. If the City already has 200 acres that is zoned Multi-Family, then it seems that there is enough land that is already zoned for Multi-Family. Since the Comprehensive Plan calls for single family, he feels that is what it should remain. Ms. Wood stated that there is some property across from Woodhollow that was originally zoned as Multi-family and is now zoned Single family and she doesn't believe that the zoning map reflects that change. Steve 4 Ahrens is in agreement regarding unsightliness of apartments as you enter on a main thoroughfare into Wylie. He has a problem with FM 544 and how it looks coming into town and he doesn't want that problem on Parker Road. Stuart Allison and Tim Owen had no comment. Rich Eckman agrees that two of the three major arteries into the City of Wylie are, at this time, not very appealing with the junk yards along those roads and he would hate to see a third artery look Iike this. A lot of time and effort went into developing the Master Plan, a lot of thought given as to where the Multi-Family areas of the City would be. Unless there is such a time that something significant warrants changing those areas, he feels that the City should stick with the Master Plan at this time. Chairman Peddicord stated that it has been expressed to him that more apartments are needed in Wylie, but is unsure why. In regards to the impact on the schools, the opening of the new Wylie High School this fall should eliminate that problem, as all of the schools in the W.I.S.D. are switching around because of the new school opening and there should be plenty of classrooms for the students. Chairman Peddicord asked if Mike Phillips had any other recommendations and Mr. Phillips responded that he had none other than what was written in Staff Recommendations, which was "the Comprehensive Plan recommends residential zoning for this area. However, if P&Z believes that this Mutli-Family zoning meets the standards for multi-family development, it may warrant varying from the Comprehensive Plans intent." Chairman Peddicord stated that the comprehensive plan is merely a guideline that can be changed at any time. Mr. Phillips stated the development standards of the Comprehensive Plan listed four items that are development standards for different land use categories. Multi-Family, in the text of the Comprehensive Plan, is listed under Residential zoning (it is a residential use). The items noted in the development standards are as follows: Locate Multi- _ Family residential areas along arterial and major collectors, near neighborhood commercial services and convenience activities centers. Whenever possible, Multi-Family housing residential should be adjacent to major parks, green belts, private open space and recreation areas. Multi-Family housing should be dispersed so that no more than 200 units are located in any one area, with in minimum 1,000 ft. separation between developments. Multi-Family housing should be dispersed within two or more contiguous neighborhoods, so that no more than 400 units are clustered together." These are the things that we refer to in our Staff Recommendations. Mr. Eckman commented that what this board decides is not final. The board only makes a recommendation to City Council. Mr. Eckman suggested that everyone attend the Council meeting when this request is on the agenda because the Council will have the final say on approval or denial. Chairman Peddicord noted that Staff stated that the use of Multi-Family would be preferred along the proposed major thoroughfare that Parker Road will be become according to the Thoroughfare Plan. Multi-Family offers a good buffer between a major thoroughfare and single family development and is not indicated on the Land Use Plan. A motion was made by Steve Ahrens and seconded by Stuart Allison, to deny a recommendation to the City Council a request from Richard Parker for a zone change from"A", Agriculture to "MF", Multi-Family for a 16.356 acre tract of land located at the southwest corner of Parker Road and Ballard Avenue and further described as the W.D. Penny Survey, Abstract No. 696, Tracts 33 & 33-9. All in favor(7 votes), motion passed. 5 CITIZEN PARTICIPATION No citizen participation. ADJOURNMENT ADJOURN: A motion was made to adjourn by Cecilia Wood, seconded by Steve Ahrens. Motion carried, all in favor(7 votes). Chairman Peddicord adjourned the meeting. Respectfully submitted, ems' Bart Peddicord, Chairmanf--- Rebecca Rogers, Secreta 6