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04-20-1998 (Planning & Zoning) Minutes PLANNING AND ZONING COMMISSION MINUTES The Planning and Zoning Commission met in Regular Business Meeting on April 20, 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: Richard Eckman, Steve Ahrens, Eric Hogue, Cecilia Wood, Ray Capley, Mark Clark. Sharon Dowdy was tardy and missed Action Item 1. STAFF MEMBERS PRESENT: Tobin Maples, Planning Director and Carrie Smith, Secretary. ACTION ITEMS 1. Discuss and Consider approval of the Minutes from the April 6, 1998, Regular Business Meeting. Correction noted on page 1, Action Item 1, should read"Mark Clark" not "Ray Clark." Correction noted on page 2, bottom paragraph should read"pump and haul"not "pump and hall." Motion made by Steve Ahrens to accept the Minutes with noted corrections, seconded by Cecilia Wood. Motion carried, all in favor(6). Sharon Dowdy was tardy. 2. Discuss and Consider removing ZC. No. 98-02 from the table. Motion made by Steve Ahrens to remove ZC. No. 98-02 from the table, seconded by Cecilia Wood. Motion carried all in favor (7). 3. 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 SF (Single Family) residential uses for the property generally located along the east side of McCreary Road just south of Southfork Mobile Home Park and being all of a 45.3768 acre tract out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Tobin Maples gave an update on ZC. No. 98-02. He stated, the intent of the PD (Planned Development) is to create a new single family district. The applicant (Pat Atkins) has proposed several variances to our zoning ordinance. Specifically, some of the variances being proposed are minimum lot sizes of 6,000 square foot lots, with set backs of 20-foot Minutes-Planning and Zoning Commission April 20, 1998 Page 2 front yard, 15-foot rear yard, 10-foot side yard between structures, 100-foot lot depth and 50-foot lot width. The applicant has increased the original minimum dwelling size from 1,400 square feet to 1,600 square feet. The applicant has proposed a ten(10) acre school site in the northwest corner of the property. Dr. Fuller (Wylie I.S.D. Superintendent) has verified that the applicant made an offer to sell the school district a ten(10) acre site. Staff is recommending denial due to the fact that the proposed PD does not incorporate a mixed use concept and, therefore, does not meet the intent of the district and ordinance. PUBLIC HEARING... In favor of ZC. No. 98-02, Mr. Pat Atkins of Tipton Engineering at 6330 Beltline Road, Garland. Representing property owner, Paramount Development and builder, and Ashton Woods Homes. Pat Atkins stated they have been working with Dr. Fuller (Wylie I.S.D. Superintendent)to sell ten(10) acres to the school district for an elementary school. There has been a strong desire from the school district to put a school in this subdivision. On the original 273 acres we identified to Commission and public record we would be bringing in this 45 acre tract of land to consolidate with the original piece they were zoning a few months ago. The timing of ownership was different but it was our intent and desire to make this part of an over all planned development district in Wylie known as Lakeside Estates. The existing zoning would allow 542 units of MF (Multi-Family), over 100,000 square feet of R(Retail), and 100,000 square feet of B-1 (Business). We want to eliminate the existing zoning by establishing a PD (Planned Development) use consistent with the 273 acres that has already been approved by Commission. This is a community as a whole and not pieces to be viewed separately. We have incorporated the Master Thoroughfare Plan on the 45 acres. We have a collector roadway system that runs through the property with an undivided 45 foot concrete section that run east to west and north adjacent to our open space, eventually to tie into Parker Road to the north. Along with that is a construction requirement of another collector system running south to tie into FM 544. One commitment we made and our concern was the house size, as your current ordinance under the 7,200 square foot district is 1,100 square feet and we had no problem committing to 1,600 square feet. The open space commitment was made previously, park improvements, individual maintenance areas, pool facilities and play ground facility. This plan with a ten(10) acre school site yields 149 lots, density of 4.2 lots per acre, up sizing of housing requirements above and beyond what is required in your 7,200 square foot district. The platting in the development is providing for generally a 50- foot by 120-foot lot, with 6,000 square foot minimum. The over all lot size average is 6,900 square foot. We are currently trying to incorporate a mix on the two phases of construction. The intent of the developer in the first phase is to develop a PD and open space improvements, extension of the collector system through the property and then come back to Commission with final engineering plans on Phase III. There is a commitment to the school district. Our traffic consultant did a preliminary study of this Minutes-Planning and Zoning Commission April 20, 1998 Page 3 particular plan and what is proposed in current zoning. Currently McCreary Road is a two (2) lane concrete street with traffic volume of 1,700 vehicles per day and a maximum capacity of 8,000 vehicles per day. Using the Thoroughfare Plan, McCreary's plan for the future is a four(4) lane divided concrete street a capacity of 21,000 vehicles per day. Current zoning of the property(retail, business, and multi-family) would generate an estimated use of 11,000 trips per day. Proposed zoning (single family) has an estimated use of 1,500 trips per day, excluding any traffic generated by the school. David Howell with Paramount Development at 15815 Dallas Parkway spoke in favor of ZC. No. 98-02. He arrived from an executive session with Wylie I.S.D. School Board and discussed the offer that was made to the School Board and said they will continue their discussions tonight. Dr. Fuller is to call David Howell tomorrow. He stated the School Board is interested and they will continue their discussion this evening. Pat Atkins stated Riverway Lane is planned to be a four (4) lane undivided concrete street with a road capacity of 15,000 vehicles per day. Riverway Lane is also planned to continue through to FM 544. Riverway Lane provides a secondary access out of the subdivision. Richard Eckman asked if Springwell comes down from Riverway Lane and Pat Atkins said yes. Springwell will also be a four (4) lane street. Tipton is required to develop two (2) of the lanes and the developer of the property to the west will be required to develop the other two (2) lanes. Cecilia Wood asked if Springwell will be two (2) lanes until the property owner to the west develops. Pat Atkins said yes. Richard Eckman asked how many lots were in Phase I- 179 lots, Phase II - 201 lots, Phase III, 149 lots. Sharon Dowdy asked what time of day and how many days was the traffic study done? Pat Atkins replied one day, Friday, 7 a.m. until 5 p.m. They then use the numbers to estimate the traffic flow for a 24 hour period. Richard Eckman asked the effect on the school site plan if this plan is denied. Sharon Dowdy asked if in your discussions with the School Board and Mr. Fuller, did you state to them that the availability of the ten(10) acres depends on whether or not this is passed before P &Z and City Council? Pat Atkins stated no. Tobin Maples asked if the traffic study included Phase I and Phase II of the development? Pat Atkins said no and stated that their only concern is the capacity of McCreary Road. Minutes-Planning and Zoning Commission April 20, 1998 Page 4 This tract is about 1,000 lots which will generate 10,000 trips a day and the traffic will distribute back to the north and the south. These collectors within themselves carry 15,000 trips per day. Tobin Maples stated we do not have a development plan or preliminary plat for all of the original concept plan and that the four (4) lane roadway may not be developed until 50% of the homes are constructed. Cecilia Wood asked if we approve this with the stipulated school site and the School Board decides not to build the school, will the ten(10) acres have to be rezoned and is there a time limit for it to be done? Pat Atkins said yes and there is no time limit. Pat Atkins said the School Board is looking to build this school after they finish Park Elementary. Sharon Dowdy asked Pat Atkins why they remained with 6,000 square foot lots when the minimum requirement is 7,200 square foot lots. Pat Atkins replied, our interpretation, again Mr. Maples is at a disadvantage, recently going through a process with Commission and City Council of defining a PD, and we do PD's throughout the metroplex and state, and everyone has their own interpretation. When we did the PD on this property at that point and time the interpretation was something less than 7,200 square foot lots was acceptable and currently we have a line item in the PD that has been interpreted since the approval of the original plan that says, the minimum lot size is 7,200 square foot. We disagree with that, I respect Mr. Maples position on what he is doing and the direction he has received based on that interpretation. We can all agree that the PD is different than most and Staff is in the process of updating ordinances and planned development districts to bring back some consistency so we can all agree. Our position on this plan, and we keep going back to it and I know you have to separate issues, because it is a separate zoning change, but it was our intent to assimilate the entirety of the property which has been done and come in and integrate this PD with the over all, because we had to have a connection point back to McCreary. So it was our plan since we began. We know it was MF, R, and B-1 which is not what we are trying to do adjacent to us, so we felt it was appropriate to take the similar type land use we had done on the 273 acres. I think we are dealing with a change of policy from the time we did the 273 acres to where we are today and that's Stars position and we agree to disagree based on that. We feel like 6,000 square foot lots are adequate based on our housing type, but again the average will be higher. We think the critical issue is the product type we are proposing on this area. I could have brought to the Commission and said 7,200 square foot minimum, straight zoning, no PD, get rid of retail, get rid of commercial, has 1,100 square foot base. We did not want to do that, we wanted to mix our housing type product and up the house size. It is a timing issue for us, if we had talked about this in December or January I don't think we would have a problem, unfortunately there has been some policy changes on interpretations. Minutes-Planning and Zoning Commission April 20, 1998 Page 5 Tobin Maples said there has not been any policy changes. There is not a mixed use on this 45 acre tract. The original 273 acre proposal incorporated a mixed use concept and, therefore, was recommended for approval. Eric Hogue asked how many trailers are in South Fork Mobile Home Park. Tobin Maples did not know for certain. He guessed there are around 500 units. Cecilia Wood asked if approved and then you decide not to build homes, how are the cars going to get out of the subdivision. Pat Atkins stated 50% of the development is developed then the street must be built. There is a time limit as well, the roadway must be built in two years. A third stipulation is if another phase is brought in for construction they must then put in the roadway. Steve Ahrens asked how many lots are in the two middle phases. 149 Eric Hogue asked how many lots are in the total subdivision. 1,129 Steve Ahrens made a statement about 2,400 cars a day going to FM 544. Tobin Maples said this traffic study was faxed to him around 4:15 p.m. this afternoon. These numbers only reflect the traffic for Phase III, not the subdivision as a whole. Pat Atkins said the traffic study was not required, it was conducted to answer their own questions. Steve Ahrens expressed his concern was the safety of the people in the neighborhood and the school area. FM 544 cannot handle the traffic that will generate from this new development. Billie Joe Swaner 102 Tanglewood spoke against the ZC. No. 98-02. She expressed concern about approximately 1,000 lots on 278 acres. Four lane road- City just paved McCreary. Traffic problems. 4 houses on 1 acre lot. Steve Ahrens please clarify for us, wasn't the 45 acres under contract when you brought us the original plan? Pat Atkins said yes. Julie Shader, 1308 Anchor Drive. He changed the 1.6 acre park. Has been removed from the plans, because he added the 10 acre school . She felt there were enough 6,000 square foot lots in this development Motion was made to recommend approval of ZC. No. 98-02 by Ray Capley. The motion was not seconded and did not carry. Motion was made to recommend denial of ZC. No. 98-02 by Steve Ahrens, seconded by Eric Hogue. Motion carried 6 to 0. (Ray Capley abstained.) Minutes-Planning and Zoning Commission April 20, 1998 Page 6 4. Discuss and Consider removing a Preliminary Plat/Development Plan for Phase III of Lakeside Estates from the table. Motion to remove the Preliminary Plat/Development Plan for Phase III was made by Sharon Dowdy, seconded by Steve Ahrens. Motion carried all in favor (7). 5. Discuss and Consider a recommendation to the City Council regarding a Preliminary Plat/Development Plan for Phase III of Lakeside Estates, proposed by Pat Atkins for Paramount Development, generally located along the east side of McCreary Road just south of Southfork Mobile Home Park and being all of a 45.3768 acre tract out of the Moses Sparks Survey, Abstract No 849, City of Wylie, Collin County, Texas. Tobin Maples stated this recommendation would have to be denied due to the recent denial of ZC. No. 98-02 for Lakeside Estates Phase III. Pat Atkins asked for an understanding of why this has been denied. Steve Ahrens has a problem with the mixing of lot sizes. Cecilia Wood is concerned with the school and traffic. Sharon Dowdy's concern is traffic. Steve Ahrens has concerns with traffic, lot sizes and density of more people. Motion to recommend denial to City Council was made by Eric Hogue, seconded by Mark Clark. Motion carried 6 to 0. (Ray Capley abstained.) 6. ZC. No. 98-04: Hold a public hearing and consider a recommendation to the City Council for a request from the City of Wylie for approval of a zone change from A(Agricultural) to R(Retail) for a proposed addition to the fire station for the property generally located along the east side of Ballard Avenue just north of Alanis Drive and being all of a 1.502 acre tract of land situated in the Allen Atterbury Survey, Abstract No. 23, City of Wylie, Collin County, Texas. Tobin Maples gave an update on ZC. No. 98-04 and stated the intent of the request was to bring the property into compliance with the comprehensive plan. The Staff has reviewed this zoning change and is recommending approval. PUBLIC HEARING No response to the public hearing. Richard Eckman closed the public hearing. Minutes-Planning and Zoning Commission April 20, 1998 Page 7 Motion to recommend approval of ZC. No. 98-04 was made by Cecilia Wood, seconded by Eric Hogue. Motion carried, all in favor (7). 7. Discuss and Consider a recommendation to the City Council regarding a Final Plat for Phase II of Stone ridge Farms, proposed by Douphrate &Associates, Inc., generally located at the southwest corner of F.M. 544 and Stone Road and being all of a 37.735 acre tract out of the Allen Atterbury Survey, Abstract No. 23 City of Wylie, Collin County, Texas. Tobin Maples update - Staff is recommending approval, subject to the applicant providing written documentation verifying the City's authority to provide water service to this subdivision. Cecilia Wood expressed concern about drainage. City engineer has approved the drainage. Sharon Dowdy asked if there was any indication if Eastfork Water would release this property to the City of Wylie. Dub Douphrate with Douphrate and Associates. Dub Douphrate talked to Mr. Dickerson at Eastfork Water regarding the Utility District. An exchange of services is being discussed. They are waiting for a correspondence from him now. Motion was made by Steve Ahrens, to approve the Final Plat for Phase II of Stoneridge Farms subject to the applicant providing written documentation verifying the City's authority to water services, seconded by Cecilia Wood. Motion carried all in favor (7) CITIZEN PARTICIPATION No one responded. Ray Capley made a public note that he will not be in attendance on May 4, 1998, regular business meeting. ADJOURNMENT Motion for adjournment made by Eric Hogue, seconded by Mark Clark. Motion carried all in favor (7). Richard Eckman, Chairman Carrie Smith, Secretary