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02-19-1987 (Planning & Zoning) Agenda Packet AGENDA SUMMARY PLANNING & ZONING COMMISSION THURSDAY, FEBRUARY 19, 1987 ITEM NO. 1 - APPROVAL OF MINUTES - No additions or corrections. ITEM NO. 2 - ELECTION OF CHAIRMAN FOR P&Z - Not an appropriate area for staff comment . ITEM NO. 3 - ELECTION OF VICE-CHARIMAN FOR P&Z - Not an appropriate area for staff comment . ITEM NO. 4 - APPROVAL OF REPLAT OF SECTION OF WYNDHAM ESTATES - This replat of Wyndham Estates concerns only that section outlined in bold in your packet on page 6 . The change is minor and involves the building line for the "0" lot line houses in this PD section. The original replat called for the building line to be on the opposite lot line from that now shown. The reason for requesting the change was that they did not want windows of the homes to be facing the alley on lots 5B and 12A. As you will recall , one stipulation of this zoning was that the side of the structure placed on the "0" lot line was to have no windows . ITEM NO. 5 - APPROVE FINAL PLAT OF NEWPORT HARBOR - This addition was previously known to us as Crescent Cove. That joint venture partnership has now been dissolved and this portion is now in the hands of Baron Cook. You recently re- approved the preliminary plat. The Engineering Department has reviewed the plat and recommends your approval . Comments from I . W. Santry are shown on page 7 of your packet. ITEM NO. 6 - APPROVE PRELIMINARY PLAT FOR WOODLAKE VILLAGE This subdivision is located on the property adjacent to the new City Hall . The developer is Baron Cook representing the joint venture Centennial-Arapaho East. The Engineering Department met with the developers and their engineer on Friday of last week and now recommend your approval . A memorandum from I . W. Santry, City Engineer is included in your packet on page 9 . ITEM NO. 7 - PUBLIC HEARING ON REZONING OF SECTIONS OF WESTGATE ADDITION - Westgate Addition is located on W. Brown Avenue (FM3412) adjacent to and directly west of Rustic Oaks Addition. The developer is asking for a rezoning of those sections of the development previously zoned for townhomes to SF3 . This will , of course, reduce the density of population for these areas. The areas in question are outlined in bold on the enclosed copy of the plat. ITEM NO. 8 - PLANNING RECOMMENDATION TO CITY COUNCIL FOR LONGTERM TRAFFIC FLOW IN THE AREA OF AKIN LANE, DOGWOOD AND BUTLER STS. - Over the past several months, the City staff has been engaged in conversations with property owners along Akin Lane, in the Rush Creek, Dogwood Ct. area. There exists a lot in that area, which is not large enough for building and an individual who wanted to build on said lot. Small pieces of property needed to be transferred, easements needed to be abandoned, and dedicated rights-of-way, which are currently in use, needed to be firmed up. It appeared that because of mutual interests on all the part of all parties concerned , that a solution to the dilemma was eminent and that the property owners would receive what they needed and the City would receive a bonafide right-of-way for Akin Lane in which improvements could be made and a old problem finally settled. In the bottom half of the ninth inning, conditions were added that significantly changed the palatability of the negotiations. The request certainly exceeds the authority of the City staff and, as requested, 1 may even exceed the legal authority of the City and of the City Council . Further, the problem now not moving toward simple solution but rather turning toward more involved negotiations, needs the insight of both the P&Z and the City Council to determine how we should proceed. The original plan, sought by the City staff, merely cleared up some ambiguity about Akin Lane so that the City could enter the property and make improvements, both to the street and by removing some visual dangers, so long as those costs were minimal , that certainly appeared to be the best solution. Now the costs are beginning to accelerate and the staff feels that comment needs to be made by the Planning & Zoning and the City Council as to whether or not there might be better solutions. For example, is it in the City' s best long range interests to improve Akin Lane? Given the twisting nature of the street, will it ever be a good road? Might not it be better , to abandon the road altogether and reroute traffic along completely new approaches. The staff would like to have the opportunity, at this meeting, to show you several blow-ups of the area and discuss alternate plans before proceeding further with the negotiations. 2 QArE PosreD o?/6-8 P /` 4iF ®oslep yr•po AGENDA REGULAR MEETING PLANNING & ZONING COMMISSION CITY OF WYLIE, TEXAS THURSDAY, FEBRUARY 19, 1987 7:00 P.M. COMMUNITY ROOM 800 THOMAS STREET CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1-5 Consider approval of minutes. 2 Consider election of Chairman for Planning & Zoning Commission. 3 Consider election of Vice-Chairman for Planning & Zoning Commission. 4 6 Consider approval of replat of Wyndham Estates. 5 7 Consider approval of final plat of Newport Harbor (previously known as Crescent Cove) located on the east side of FM1378 . 6 8-9 Consider approval of Woodlake Village preliminary plat. (Location: E. SH78 adjacent to new Municipal Building. ) 7 10-12 Conduct PUBLIC HEARING on application for rezoning of portions of Westgate Addn. from Townhome to SF3 (single family 3) . 8 Consider planning recommendation for long-term traffic flow patterns in Akin Lane, Dogwood and Butler streets area. 9 ADJOURN 4 MINUTES PLANNING & ZONING COMMISSION REGULAR MEETING THURSDAY, FEBRUARY 5, 1987 The Planning and Zoning Commission for the City of Wylie, Texas met in a Regular Meeting on February 5, 1987 in the Community Room at 800 Thomas Street. A quorum was present, notice of the meeting had been posted for the time and in the manner required by law. Those present were: Vice- Chairman Brian Chaney, Ben Scholz, Fred Ouellette, R. P. Miller, Ken Mauk and Jay Davis arrived late. Bill Chapman was absent. Representing the city staff was Roy Faires, Code Enforcement Officer and Amanda Maples, Secretary. The meeting was called to order at 7:00 p. m. by Vice- ' Chairman Brian Chaney. ITEM NO. 1 - APPROVAL OF THE MINUTES OF JANUARY 22; 1987 - The vote was recorded wrong for Item No. 2 - Amendment to Subdivision Ordinance on maximum slope provision and retaining walls - the actual vote should have been 2-3. This item died due to a lack of action by the Planning and Zoning Commission. Ben Scholz made a motion to accept the minutes with the above stated correction. Ken Mauk seconded the motion. Motion carried 5-0. Jay Davis was not present to participate in this vote. ITEM NO. 2 - REZONING OF DUPLEX SECTION OF CRESENT COVE SOUTH (NOW KNOWN AS NEWPORT HARBOR) - The developer of this addition, located on the east side of FM1 :78, above the Birmingham tract, is requesting this change from duplex to SF3. The required public notices have been posted and the required letters were mailed to property owners within 200 feet of the property under consideration. Mr. Faires stated that the first time this came before the Planning and Zoning Commission it was under the name of Cresent Cove South. This was a joint venture between Mr. Cook of Arapho East and Mr. Moussa. However, the partnership has split and Mr. Cook intends to qo forward with his development he is requesting this change due to a lack of interest in duplex lots. The staff recommends approval of this request. This will also have to be replated which is the next item on your agenda. Ken Mauk: asked Mr. Faires how this change would effect the percentage ratio of SF3 housing in our land use plan. Mr. Faires stated that the numbers involved in this particular change were so small that they probably would not have any real effect on the percentages for ' SF3 but, may have a down effect on the percentages for 2F. Ben Scholz asked Mr. Cook how he felt about not having a buffer zoning between his Single Family zoning and Mr. Moussa 's Multi-Family zoning. Mr. Cook stated that if Mr. Moussa built his Multi-Family he would have to put up a Perimeter Fence anyway so I don ' t have a problem with that. R. P. Miller asked if there would be any park land dedicated from this property. Brian Chaney stated that since the property was less than 50 acres the dedication would probably be in money. Mr. Faires said that the dedication for parks comes in at the Final Plat stage and that their only obligation would probably be on the part that is replated. Ken Mauk made a motion to recommend to the Council that the request for rezoning from 2F to SF3 be accepted. Fred Ouellette seconded the motion. Motion carried 6-0. ITEM NO. 3 - PRELIMINARY PLAT FOR NEWPORT HARBOR - This addition was previously known as Cresent Cove South. ' The joint venture partnership has split and the north section is being resubmitted after the preliminary time limit expired. basic water and sewer service, as well as drainage will not change. The plat, as presented by the developer, Baron ' Cook, reflects the name change and the rezoning. The engineering department has reviewed this resubmitted plat and recommends approval . Mr. Faires commented that the 2F zoning had been changed to SF3 zoning, creating 30 lots in this category. Baron Cook stated that they have shown Mr. Moussa 's part of the development on this plat, as a shaded area, in order to show proper ingress and egress to the lots on the south end of the development. When Mr. Moussa develops, his streets, sewer and water will all tie in at the south end. Fred Ouellette asked Mr. Cook if any of the lots were smaller that 7, 200 square feet. Mr. Cook replied "no. " Ben Scholz made a motion to accept the Preliminary Flat for Newport Harbor. Jay . Davis seconded the motion. Motion carried 6-0. ITEM NO. 4 - PRELIMINARY/FINAL PLAT/CONSTRUCTION PLANS FOR QUAIL HOLLWO, PHASE II - Quail Hollow Phase II is being submitted as Preliminary Flat and Final Plat/Construction Plans as a sequence in order for the school to be able to draw a building permit as soon as possible for the new elementary school to be built on the land designated for that purpose and included in this addition. The engineering department has reviewed these plats and plans and recommends approval . Mr. Faires stated that the school had approached the developer to purchase a school site to build P. M. Akin Elementary School, they reached an agreement and the school sent out bids. Upon awarding a contract and applying for a building permit I informed them that I could not issue a building permit on an illegally subdivided piece of property. The school has replated the property subdividing out their tract of land to allow them to go foreward with the building of the school. A copy of the contractual agreement between the school and the developer is included in your packet it states that the improvements will be in place at the time that the school is opened. Myself, Mr. Pappas and Mr. Santry have reviewed this contract and we feel that the school is protected. Brian Chaney stated, for the purpose of the new members, that all that the Planning and Zoning Commission was to consider is the subdivision of the school property so that it becomes a free standing entity. We are considering the Preliminary Plat and the Final Flat at the same time in order to speed things up for the school . Fred Ouellette asked why the school did not show water, sewer and fire hydrant plans on their final plat. Mr. Faires stated that those things were covered in the contract between the school and the developer. Fred Ouellette then asked if Park Land Dedication was covered in the plans. Mr. Faires stated that Park Land Dedications did not come out of school property because it was non-residential property. Ben Scholz asked if the roads had been completed. Mr. Faires said that half of them were in but by the time the school opens they will all be completed as required by • the contract. Fred Ouellette made a motion to approve the plats. Ken Mauk seconded the motion. Motion carried 6-0. ITEM NO. 5 - AMENDMENT TO ZONING ORDINANCE ON REAR YARD SETBACKS FOR SF3 - Mr. Tim Terrill of Albritton Development Company, acting as a consultant for Aston Development Company on the Westgate Subdivision, said that he was requesting that the rear setback be changed for the SF3 housing in order to allow them to build a larger house on the lots. He stated that they had found a lot of market resistance to this size of lot and that in attempting to change the setback they had spoken with the City Staff and • had determined that this was the best way to achieve this rather than ask for a varriance. Mr. Tom Cravens, with Lichliter/Jameson of Dallas, stated that with this size of lot the house pad could only be 58 feet deep and that by decreasing the rear setback to 20 feet it would allow 5 additional feet in which to build a larger house. He said that 20 feet of rear space was enough to park a car and still not be at the back line of the lot. Vice-Chairman Brian Chaney stated, to the Planning and Zoning Commission, that any decision made on this matter will not only effect this subdivision, but would effect all other subdivisions in Wylie. Mr. Faires stated " I believe that 3 of you were on the Planning and Zoning Commission at the time that the present regulations were adopted. I question the statments concerning the marketing ability of these lots because I know of some builders who want to build on these lots. Further, when they came to my office to discuss changing the rear setback I informed them that they could not accomplish this change through a varriance due to a hardship which is of their own making. One of the things that we have tried to avoid, in our community, is a super large house on a small lot. In my opinion we would be making these changes for one developer who does not want to comply, when other developers and builders in our community adjust their plans to meet our ordinances. I do not recommend this request for change. " Mr. Tim Terrill stated that they realized that mistakes were made by Astor Development in the depth of the lots, but he would like to get builders to build on these lots and they indicate that the lots are too small . Mr. Jim Douglas, of Douglas Properties, stated that he has heard complaints from builders about the lots being too small . This is a problem subdivision, most of these SF•3 lots are going to be hard to build on and I would like to get builders to build on them. I can understand your not wanting to change the setback for the entire city but you might grant a varriance on the lots that are going to be hard to build on. The people that created the problem from Astor Development are no longer here and we have to market these lots. • Mr. Faires stated that when this property was being planned the planner at that time was advised that his conception of the lot size was misconceived and he said that it met the qualifications and that the City would have to accept it. This body does not have the authority to grant a varriance and you would have to prove hardship, there was no hardship on this land before it was subdivided. Vice-Chairman Brian Chaney stated that the Planning and Zoning Commission did not decide whether something is marketable or not rather what is best for the entire city. If we recommend that this ordinance be changed it will effect all SF3 subdivisions reguardless of the case. Fred Ouellette stated that even with the 25 foot rear setback you could build the same size house. Tom Cravens explained that with the extra 5 feet the builder could have more flexability. Vice-Chairman Brian Chaney said that they were wanting to build SF2 houses on an SF3 lot. " I feel that this ordinance • should stand as it is. " R. F. Miller asked what size the homes were that were built around this property. Mr. Faires said that the existing homes are 1300 to 1400 square feet and he wants to build 1700 square foot homes. Vice-Chairman Brian Chaney stated that the Planning and Zoning Commission is responsible for protecting home buyers in that a very small house is not built next to a large house. Fred Ouellette commented that he felt that the ordinance was good and should stand as it is. R.P. Miller made a motion to leave the ordinance as it stands. Ken Mauk seconded the motion. Motion carried 6-0. Fred Ouellette requested that Mr. Faires see to it that an item was placed on the next Planning and Zoning agenda to elect a chairman. Mr. Faires suggested that two items be placed on the agenda, one to elect a chairman and one to elect a vice-chairman if necessary. 1 ITEM NO. 6 - ADJOURN - Ken Mauk made a motion to adjourn the Planning and Zoning Meeting of February 5, 1987. Fred Ouellette seconded the motion. Motion carried 6-0. Brian Chaney, Vice-Chairman Planning & Zoning Commission Respectfully Submitted: Amanda Maples, Sec etary 1 I Gao I .. I I .. I Gqp I „ _ _ „ I / {f T ,) = ZO = 21 - ZZ = 23 = 24 = Zy = 24 z 27 ' 28 o �oQ 0 I - - ) — I - — - EA5T ?78. 98 aei vE F " ., II T7f — I 4.O 80c 25'r3L. — , Q ... 8 ,- '7 r C I :. 5 - 4 = 3 = i- 0 L I r.P 'Z, _9 DD c A.E. •n K. 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B ore The material attached is approved by the Engineering Department as being complete and acceptable for placement on the next appropriate agenda. Q Preliminary Plat to Planning and Zoning ❑ Preliminary Plat to City Council PrNfinal Plat to Planning and Zoning ❑ Final Plat to City Council ❑ Construction Plans to City Council for construction approval only ❑ Final Plat to City Council for subdivision acceptance along with final inspection statement COMMENTS: PLAT /s $C Alb rat, 'e4 TAA-ntaWesseo.-, i9it �' Z 00 M cC.tt rs TO e, T r Ow ea•4"C I L r Pi ra N s ig ec 44 Pp4 e. .,7 c. ?' "eo S4T-i c Tr, .4Af D ,4 ,v Y ► ( Ce9A Q Ec ;-to. ' s ,.v,c. c. j3 tg Co/I-slit Plat,oh -7o C+, - � c 1 � cs#o4-/, IWS/am cc: Public Works Director Code Enforcement Officer Subdivision File Chronological File MEMORANDUM• DATE: Fe- ram. f3l /? TO: Gus H. Pappas, City Manager FROM: I.W. Santry, Jr. , P.E. , City Engineer �Z SUBJECT: Plat and/or Plans Approval Woe.el lam. cige-7e The material attached is approved by the Engineering Department as being complete and acceptable for placement on the next appropriate agenda. ,Preliminary Plat to Planning and Zoning ❑ Preliminary Plat to City Council ❑ Final Plat to Planning and Zoning ❑ Final Plat to City Council ❑ Construction Plans to City Council for construction approval only ❑ Final Plat to City Council for subdivision acceptance along with final inspection statement COMMENTS: 5E0- /Q IWS/am cc: Public Works Director Code Enforcement Officer Subdivision File Chronological File O NOTES ON WOODLAKE VILLAGE PRELIMINARY PLAT 1. Centennial - Araphao Development Joint Venture representative has agreed to have a note on the final plat referencing a letter to be agreed to relative to the open ditch. 2. Any open ditch will be maintained by the Joint Venture at their cost and meeting City Ordinances. 3. Upon replating or construction on a lot the Joint Venture will submit storm drain plans and construct the necessary facility. 4. The above arrangement will allow the maximum flexibility in use of the land while assuring the necessary drainage for the City 's system. APPLICATION TO III Board of Adjustment and Appeals (Building) ORDINANCE 83-15 III Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5 Q Planning and Zoning Commission ORDINANCE 81-5 NAME Albritton Development Co. - ADDRESS 5956 Sherry Lane, Suite 2000, Dallas, Texas 75225 8!!X Multi-Family EUOOK (Townhome) of • SUBDIVISION Westgate Phase I BASIS OF APPLICATION: II Interpretation ISpecial exception for use or development Variance x Rezoning Exception to Building Code EXPLANATION: To upgrade zoning from Multi-Family Townhome to Single Family Detached (SF-3) in Westgate Phase I Subdivisidn. for:; MN' Dbelapmat C•wkaay iati4 Alloitco . ,,mini C•ste34ta- SIGNITURE of APPLICANT1Are ' 14t1141 Tw7- P. DATE Must be accompanied by filing fee of $ , Received: Date: • CODE ENFORCEMENT OFFICER /D • • • • • ZONING DESCRIPTION BEING a tract of land situated in the EC. Davidson Survey, Abstract No. 266, City of Wylie, Collin County, Texas, being part of Westgate, Phase I, an addition to the City of Wylie, as recorded in Cabinet F, Pages 793 and 794, of the Colin County Plat Records,and being more particularly described as fo8ove; BEGINNING at a point in the south right-of- way line of FM 3412 (90' width), said point being both the northwest corner- of 268.879 acre tract of land conveyed . by deed to N.C. Jeffries in Volume 1703, Page 784 of the Deed Records of Collin County, Texas, and approximately 40' south of the northeast corner of said Davidson survey; THENCE South 00° 58' 50' West along the west line of said Jeffries tract a distance of 310.67 feet to a point for corner; THENCE South 70°54'27'West a distance of 316.37 feet to a point for corner; . THENCE North 19° 05' 33' West a fiance of 20.00 feet to a point on a curve to the left having a central angle of 71° 02' 16' and a radial bearing and distance of South 70°55'50'West 214.25 feet; THENCE along said circular curve to the left an arc distance of 265.63 feet and a chord bearing and distance of North 54° 35' 18' West 248.95 feet to the point of THENCE South 89°59'34'West a distance of 180.00 feet to a point for corner; THENCE North 00° 00' 26' West a distance of 251.21 feet to a point in the south right-of-way line of aforementioned FM 3412; THENCE North 89° 59' 34' East along said south right-of-way line a distance of 294.45 feet to the northwest corner of a tract of land described as an exception to a tract of land conveyed by deed to Sal Del Rey Properties, Inc., as recorded in Volume 1Q63,Page 451,Deed Records of Collin County,Texas; THENCE the following bearings and distances along said exception tract to points for comer: South 00°22'55'East,261.93 feet; North 88°46'59'East,189.98 feet; North 00°04' 18'West,130.96 feet; North 52°13'55'East 14.84 feet; North 00° 14'06'West, 118.29 feet to the south right-of-way of aforementioned FM 3412; THENCE North 89° 59' 34' East along said south right-of-way line a distance of 216.55 feet to the POINT OF BEGINNING and CONTAINING 0.5915 acres or 25,764 square feet of land. // • EXHIBIT 0 lieu IN a�t..4 G j•4'A�T 0OtT ,....aw=• �.� •RTr --...-.11• • .. • • pr.4 --r r O r- MI••LM= • • . 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