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03-16-1998 (Planning & Zoning) Minutes PLANNING AND ZONING COMMISSION MINUTES The Planning and Zoning Commission met in Regular Business Meeting on March 16, 1998 at 7:00 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 State Highway 78 North, Wylie, Texas. A quorum was present and a notice was posted in the time and manner required by law. COMMISSION MEMBERS PRESENT: Eric Hogue, Richard Eckman, Mark Clark, Ray Capley, Sharon Dowdy and Cecilia Wood. STAFF MEMBERS PRESENT: Tobin Maples, Planning Director, Mindy Manson, Assistant to the City Manager and Barbara Salinas, City Secretary. PRESENTATION 1. Chairman Eckman introduced Sharon Dowdy as the newly appointed member of the Planning and Zoning Commission. She will fill the unexpired term of Mr. Tim Owen who recently resigned from the Commission. Sharon was appointed by City Council at the March 10, 1998 meeting. 2. Presentation by Mindy Manson, Assistant to the City Manager, regarding the Street Impact Fee Committee. Ms. Manson presented the Commission with a brief background of the Impact Fee Committee development and history. A committee was appointed over a year ago, however, it has been difficult for the committee to form a quorum. She stated the State law allows the appointment of a Committee or use of the Planning and Zoning Commission with representatives from the Real Estate or Development community. Ms. Manson proposed utilizing the regularly scheduled meetings of the Planning and Zoning Commission for review of the Street Impact Fees and for making a recommendation to City Council at their conclusion of their review. Recommendation would include adoption or not, and if adoption was the recommendation, an amount as well. Ms. Manson referred to a handout provided including a proposed time line, which was obviously now behind schedule. She expressed to the Commission that this process was not a quick process and that State Law would dictate the schedule with public hearing and publication requirements. Ms. Manson stated that this would be a three to four month process and that in addition to the review, State Law requires a periodic review of existing fees. City Staff will bring forward to the Commission information on Water and Sewer fees including what has been collected and projects identified on the Master Plan. This review will satisfy the State Law requirement and from this point the Commission can move on to the review the possibility of Street Impact Fees. Minutes-Planning &Zoning Commission March 16, 1998 Page 2 PRESENTATION - continued Ms. Manson stated that a schedule will be made available at the next Planning and Zoning meeting, stating further that we will work with the existing Planning and Zoning schedule and Impact Fee issues would not be included at each meeting. Ms. Manson provided a copy of the Land Use Assumptions which were reviewed and adopted by committee last January, stating that this is the starting place with any impact fee in that It is a way to deal with the impact that different developments have on our infrastructure. Ms. Manson stated that the projections with regard to population growth last year was based on the number of housing permits issued and will need to be reevaluated and brought before the Commission. Ms. Manson stated that Mr. Greg MacLean will also be attending the meetings. Cecilia Wood asked if she could be provided with a larger map. Ms. Manson assured Ms. Wood that this would be provided. With no further questions from the Commission Ms. Manson concluded her presentation. PUBLIC HEARING 1. ZC No. 98-02: Hold a Public Hearing and consider a recommendation to the City Council for a request from Pat Atkins for approval of a zone change from R (Retail), B-1 (Business) and MF (Multifamily) to PD (Planned Development) for single family residential uses for the property generally located along the east side of McCreary Road just south of Southfork Mobile Home Park. Chairman Eckman asked Mr. Maples if there was a need to update the Commission prior to opening the Public Hearing. Mr. Maples offered to give a brief summary of the proposal. Mr. Maples stated the location and current zoning (MF/R/B1) of said property. The proposal is for a Master Planned Single Family community with several variances to the Single Family regulations. Variances include a minimum lot size of 6,000 square feet; variances to side, rear, and front set backs; and the dedication of a 1.6 acre park to the City. Mr. Maples was then available for questions from the Commission. Cecilia Wood asked whether the City needed any more park land. Mr. Maples responded by stating that the City did need park land. Subdivision regulations do make it a requirement. Minutes-Planning &Zoning Commission March 16, 1998 Page 3 PUBLIC HEARING -continued With no further questions, Chairman Eckman opened the Public Hearing. Chairman Eckman then asked those in favor of the zone change to come forward and state their name and address for the record. Mr. Pat Atkins, Tipton Engineering came forward representing the owner of the property, Paramount Development. Mr. Atkins gave a brief description of the property with regard to location and an explanation of the current zoning. He stated that the 45-acre tract is connected to the 273-acre tract recently rezoned and approved by Council. It was indicated at time of approval that the 45-acre tract of land would be brought before Council as well. Mr. Atkins explained that their intentions are to eliminate the Multi-Family (MF) zoning, the Retail (R) tract and the 7.6 acres zoned Business-1 (B-1). The applicant wishes to eliminate this type of land use and present a proposal consistent with the adjoining 273 acre tract that Council has previously approved. Mr. Atkins did not feel that Commercial and Retail uses would be appropriate or consistent with the adjoining property. Mr. Atkins stated that current minimum lot size is 7,200 with a house size minimum of 1,100 square feet. The proposal now calls for a 6,000 square foot minimum lot size with a 1,600 square foot house size restriction for a total of 192 lots. Mr. Atkins then advised the Commission that since this proposal was submitted, they have been in contact with the Wylie Independent School District (WISD) and the School District has agreed to purchase a 10-acre school site for the construction of a future elementary school. Cecilia Wood asked for clarification, in light of the development between the property owner and the WISD. Mr. Atkins stated that the City has concerns regarding open space requirements and the applicant did commit to additional open space. Since this time the WISD has come in and stated that they want the property and applicant is willing make the following commitment. An elementary school will be constructed within 2-3 years per zoning and the working out of all financial details. The second commitment is that 10 acres will be reserved for a school site location. Mr. Atkins stated that this is important to the Community, WISD and the City of Wylie. Mark Clark asked Mr. Atkins who from the WISD made the commitment for the 10- acre site. Mr. Atkins responded that he met with Dr. Fuller and that these plans have been discussed over the last three or four months. He further stated that two things could happen. The property owner could donate the land and the WISD could build a school or the WISD could purchase at a price that was offered and discussed with the school board. The first option was discussed only and the second is agreeable to the property owner. Minutes-Planning &Zoning Commission March 16, 1998 Page 4 PUBLIC HEARING -continued Mr. Atkins stated that from a practical stand point, to eliminate the open space agreement subsequent to the addition of a school site location, and ask for the minimum requirements in a Single Family PD uses. Ray Capley asked Mr. Atkins how this effected the number of lots reserving a 10 acre school site. Mr. Atkins responded that it would decrease the number of lots to 142 on 45 acres. Sharon Dowdy questioned the number of acres. Cecilia Wood understood that with the 10 acre school site, the tract would be 35 acres. Mr. Atkins stated that he was presenting facts as they are developing and regretted that this was not done at the same time as the previous 273 acre tract. He stated that they are attempting to integrate with the PD to the East and have been working with WISD since the development of 273 tract. He restated that they are now presenting a 10 acre tract reserved for future school site through the WISD with a 6,000 square foot minimum lot size and 1600 square foot minimum homes and integrate to the development to the East. Mr. Capley asked for an explanation of the orange colored housing as noted on the displayed design. Mr. Atkins stated that it represented 7,200 square foot lots with a minimum 1,600 square foot home. Mr. Atkins stated that what Ashton Wood is developing in Flower Mound is 5,000 square foot lots with housing types identified. The first phase of this development is 7,200 and they are now creating a different product type with 6,000 with 1600 sq ft homes. Mr. Atkins stated that they are creating a mirror image to what has already been done with the addition of school site and increasing house site. Ray Capley asked Mr. Atkins It this was the last piece of land for the Lake Side Development. Mr. Atkins responded that it was and that the key is getting rid of land uses that are more dense, burdensome on the infrastructure, and school district, and to tie into the community. He also stated that this development is compatible to the adjacent development and recommitted to reserving 10 acres for school site, stating that they are providing plenty of open space. Cecilia Wood asked if they intended to do away with the park? Mr. Atkins responded that they would only because of developments with the WISD. Homeowners will pay dues to maintain specific areas and facilities. Cecilia Wood expressed a concern with regard to the design, prior to addition of the school site. She stated that there is only one entrance on McCreary and with the addition of a school, it may cause traffic congestion. Minutes-Planning &Zoning Commission March 16, 1998 Page 5 PUBLIC HEARING -continued Mr. Atkins stated that the plan has major thoroughfare issues and collector systems that are wider plus 4 lanes undivided leading to FM544. Multi-Family property could be 450 units plus a Retail corner and B1 district. This plan will eliminate traffic with 149 residential units, a school site in addition to accommodating the thoroughfare plan. Cecilia Wood asked Mr. Atkins where he lived. Mr. Atkins stated that he lives in Rockwall. Mrs. Wood asked Mr. Atkins if he lived close to a school. Mr. Atkins responded that he did live nearby a school that his daughter attends. Ms. Wood stated that she lives close to a major thoroughfare a few blocks away from a middle school. Also nearby are two elementary schools and intermediate school. She stated that is she gets out on the major thoroughfare during school hours, morning or afternoon, traffic is congested. Mr. Atkins stated that he is trying to work with the school district out of their need and that the reduced zoning should not create a concern for increased traffic. Eric Hogue asked how many lots in the tract. Mr. Atkins responded that there are 1140 lots. Mr. Hogue stated his concern was also that a main exit is closed off leaving only one access to FM544, unless you travel 20 mph through a school zone. Mr. Hogue and Ms. Wood both expressed the Commission's concerns regarding the collector system, school site and entrance and exit points. Mr. Atkins responded that if this is Commission's concern, they could provide another access route. Cecilia Wood asked Mr. Atkins about the side yard variances. She understood a 10 foot side yard variance, between structures and 15 feet variance adjacent to the street. She expressed concerns as to how this would effect the lot and structure of the home. Mr. Atkins stated that generally homes would be 60% one story and 40% two story. Ms. Wood also stated her concerns with regard to the variance of 15 ft adjacent to the street and speeding motorists. Mr. Atkins stated that due to the design of the street, this should not be a concern. He further stated that the curve is designed to slow traffic down and it is not a straight collector street. The collectors intent is to feed to the major thoroughfare. Chairman Eckman asked if there was anyone else present who wished to speak in favor of the zone change. Having no response, Chairman Eckman then called for those who wished to speak in oppositon to the zone change to come forward stating their name and address for the record. Mrs. B.J. Swanner- 102 Tanglewood. Mrs. Swanner voiced opposition for several reasons. She was first curious as to the previous commitment of a school site on FM1378 and that additional sites would require additional bond monies. Minutes-Planning &Zoning Commission March 16, 1998 Page 6 PUBLIC HEARING -continued Also she expressed concern as to the 6,000 square foot lots and the possibility of two story homes due to the 1600 square foot home requirement. Mrs. Swanner also stated that the access presents some additional problems, as they were with the first PD that Mr. Atkins presented to Commission. Mrs. Swanner asked of Mr. Atkins how many of the homes in the development to the South had rear entry access. Mr. Atkins stated that 380 out of 1,100 had rear entry access. She voiced opposition to the high density and variances. She mentioned the continued reference to the road that will tie in north of McMillian and asked when and who will build the road. Her concerns are that all of the housing be developed before we have roads constructed to eleviate traffic. She felt that there are too many unanswered questions and suggested that Commission should reevaluate before making a commitment. Mr. Perry Easterling -6808 DeWitt Road, Sachse. Mr. Easterling owns the 43 acre tract east of the proposed development. Mr. Easterling expressed his concerns regarding the drainage from the proposed property onto his property; additional road construction, and utilities. Mr. Atkins stated that if City Staff has no concerns with the road location, he did not have a problem with the road way connection, per Mr. Easterling's wishes. Mr. Atkins further stated that they would be providing water and sewer utilities to the property. Mr. Atkins stated that because of the regulations associated with the development of property, they cannot negatively impact any property. Chairman Eckman suggested that Mr. Easterling contact Mr. Maples for further discussion of pending issues. Mr. Easterling stated that he would be in contact with Mr. Maples. Julie Schmader - 1308 Anchor Drive. Ms. Schmader voiced her opposition, particularly regarding the school site. She feels that the agreement with the the school district should be looked into with Dr. Fuller. Ms. Schmader also stated that she did not see a problem with the Retail zoning on the property. The growth may require some retail zoning. She also expressed concerns regarding the density. She stated that she feels that it is too high for future growth. DISCUSSION Chairman Eckman then closed the Public Hearing. Chairman asked for further discussion from the Commission on the zone change. Cecilia Wood asked for clarification on the present and pending zoning with regard to number of units. She understood that if the zoning was left at MF that would be 450 units as opposed to 142 SF. Mr. Atkins stated that this was correct. Minutes-Planning &Zoning Commission March 16, 1998 Page 7 DISCUSSION -continued Eric Hogue asked for an explanation of Section 21 of the Comprehensive Zoning Ordinance 85-23A. Mr. Maples stated that during his two months with the City of Wylie, it has been brought to the attention of the Commission that the intent of the PD was not being met. Mr. Maples stated that the intent of the Zoning Ordinance is to facilitate a mixed use concept among districts and gave as an example a 45 acre tract with some R, SF2, SF1, and MF. Mr. Maples stated that Staffs concern regarding the zone change request is that it is a blanket variance to the zoning ordinance. He further stated that the previous PD was reviewed independently without knowledge of what would develop on the tract being considered this evening, and that this case would also be reviewed independently. Mr. Atkins expressed that the 273 acre tract was intended to be a part of the plan, however, the 45 acres tract was a longer process. He further stated that they do have a commitment to roadway construction. Mr. Atkins stated that he was aware that there were issues to address regarding development and school process. Mr. Atkins stated that with the recent development with the School District and school site, that he did not have a problem if Commission were to table the request. Chairman Eckman restated for the record that the Public Hearing was closed. Chairman Eckman asked if the Commission had further questions. Sharon Dowdy asked if the discussions with the school will continue regardless of the decision of the Commission this evening. Mr. Atkins stated that discussion will continue regarding the two proposals of either donating the land or purchasing the land for construction of a future school. Mark Clark asked Mr. Atkins who Paramount was. Mr. Atkins stated that Paramount is a development company with the home office located in Toronto and have been in the Dallas market since 1982. The develope primarily residential and have developed since then 6,000 to 7,000 lots in the metroplex. Some of those named were Oakdale at Frankfurt and the Tollway and Wellington in Flower Mound. Mr. Atkins stated that the Oakdale development represents 800 lots with homes in the $250,000 to one million dollar range. The Wellington development in Flower Moundm, a development that the 43 acre tract was modeled after, includes 2,800 lots. Mr. Clark asked how Ashton Wood is related to Paramount? Mr. Atkins stated that Great Gulf Group is a subsidary that owns Paramount Development and Ashton Wood Homes. Mr. Atkins stated there are three principals, the three Risen brothers all residents of Toronto, Canada. Mr. Clark stated that Ashton Wood is a part of this entity, therefore that is why Mr. Atkins speaks with certainty that they will be the builder for this development. Mr. Clark asked who they worked with in Wellington. Mr. Atkins stated that the builders were Highland, Drees and Ashton Wood. Mr. Clark asked if Mr. Atkins could name any other development built similiarly that he was not involved with. Mr. Atkins stated he could not recall any. Minutes-Planning &Zoning Commission March 16, 1998 Page 8 DISCUSSION - continued Chairman Eckman asked if there were any further quesitons from the Commission. Since there were no further questions, He then asked for a motion. Cecilia Wood wanted to make a comment. She expressed her desire to see the request withdrawn and presented to indicate the school site. Also she would prefer a 7200 square foot lot and 1100 square foot quality homes rather than what is proposed. Ray Capley made a motion to approve the zone change from R (Retail), B-1 (Business) and MF (Multifamily) to PD (Planned Development) for single family residential uses for the property generally located along th east side of McCreary Road just south of Southfork Mobile Home Park with the understanding that one part of the PD will be school; do away with the open area; and will have approximatley 150 lots in the development. Chairman Eckman stated that a motion had been made with the exceptions noted and called for a second. There was no second. Tobin Maples, Planning Director asked to make a comment. Mr. Maples suggested that it may be appropriate for Commission to table the item and allow the developer to submit corrected plans to staff. The Commission brought up issues of concern that staff should have opportunity to review and present to Commission. Chairman Eckman asked Mr. Maples if he would be in touch with Dr. Fuller from WISD. Mr. Maples stated that he would. Mr. Maples further explained that if it was the Commissions desire to table the motion, it has been advertised and will go to Council in April. Commission would still be able to hear the request at the April 6 regular meeting and still go to Council on April 14 as planned. Eric Hogue made a motion to table the request for two weeks. Cecilia Wood seconded the motion. A vote was taken and the motion passed unanimously. ACTION ITEM 1. Discuss and Consider a recommendation to the City Council regarding a Prelimininary Plat/Development Plan for Phase III of Lakeside Estates, proposed by Pat Atkins for Paramount Development. Mr. Maples suggested that the Commission may wish to table this item as well. This item is a Preliminary Plat/Development Plan and because there was no recommendation concerning the zoning case heard previous, the exisiting plat would not conform to the existing zoning of the property, therefore staff recommendation would have to be for denial. Mr. Maples suggested postponement for two weeks to allow the devleoper to revise the plat accordingly. Minutes-Planning &Zoning Commission March 16, 1998 Page 9 ACTION ITEMS - continued Cecila Wood made a motion to table the item until April 6. Sharon Dowdy seconded the motion. A vote was taken and the motion passed unanimously. 2. Discuss and Consider approval of the Minutes from the March 2, 1998 Regular Business Meeting. Ray Capley made a motion to approve the Minutes from the March 2, 1998 Regular Business Meeting. Eric Hogue seconded the Motion. A vote was taken and the motion passed unanimously. CITIZEN PARTICIPATION There was no citizens participation. Chairman Eckman added that with the resignation of Tim Owen, the Commission is without a Vice Chairman. The Vice Chairman will be elected at the April 6 meeting. Mr. Maples stated that he is in the process of providing City Staff phone and extenstion numbers to the Commission and that staff is currently updating that information to reflect the changes in City Staff and a list will be forwarded at the April 6 meeting. Mr. Maples also thanked Barbara Salinas for covering for the vacancy in the Planning Department and that the new recording Secretary would be present at the April 6 meeting. ADJOURNMENT Ray Capley made a motion to adjourn. Cecilia Wood seconded the motion. A vote was taken and the motion passed uananimously. Respectfully Submitted Richard Eckman, Chairman bara A. Sali