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04-17-2001 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting April 17, 2001 7:00 pm Notice was posted in the time and manner required by law and quorum was present. Commission Members Present: Staff Members Present: Steve Ahrens Claude Thompson, Planner Michael George Carter Porter Tony Snider Gary Wiseman Commissioners Absent: William Chapman Phillip Tramell PREMEETING The Premeeting was convened at 6:30 p.m.. Thompson reviewed the Planning Report and addressed questions from the Commissioners. CALL TO ORDER Chairman George called the Regular Meeting to order at 7:05 p.m. PLEDGE AND INVOCATION Commissioner Snider offered the Invocation and Commissioner Porter led the Pledge of Allegiance. CITIZEN PARTICIPATION No one appeared to speak. CONSENT AGENDA ITEM 1. Consider and act upon approval of the Minutes of the April 3, 2001 meeting. P&Z Meeting April 17, 2001 Page 2 Motion to approve the minutes as submitted was made by Commissioner Ahrens, seconded by Commissioner Wiseman. Motion passed 5-0. ACTION ITEMS 1. Consider and act upon approval of a Site Plan for Vintage Power, located at 2807 West F.M. 544, and being all of a certain 0.448 acre tract of land described as Lot 1, Block A of the Rapin Addition, Volume M, Page 416, Deed Records of Collin County, Texas. Thompson reported that the applicant intended to construct a 4,500 square feet building for the shop and office of a specialty automotive restoration and sales business which will not be open for repair of vehicles of the general public. He showed illustrations of the building elevations. The Site Plan complies with all applicable code requirements, and staff recommends approval. Shane Acklie, 860 Wembry Street, #500, Lewisville, TX 75057, appeared to represent the application. Commissioners George and Snider expressed concern that the building was rather plain for location along a major entry to the city, and asked what might be done to enhance the facility. Mr. Acklie agreed to use a maroon colored brick for the majority of the wall with a soldier course of white brick along the top above the bay doors and an awning over the office door and perhaps a flat canopy projection over the bay doors. Commissioner George expressed concern about the image of the chain link fence along the front. Mr. Acklie agreed to relocate the fence behind the front line of the building. Commissioner Porter asked how cars are brought to the facility and how many are stored on the site at any one time. Acklie responded that the cars (all Camaros) are brought in individually, usually driven but sometime carried on a flat-bed truck. No mare than 4 or 5 cars are ever on the site at any one time and all are stored inside the building. Commissioner Porter recommended that the dumpster be placed at a more accessible angle. Mr. Acklie agreed. Commissioner Porter asked about signage. Mr. Acklie responded that there would probably be limited or no sign, because the specialty shop does not serve or wish to attract the general public. Commissioner Ahrens asked if the fire lane only in the front complied with code. Thompson responded that it does comply. P&Z Meeting April 17, 2001 Page 3 Motion was made by Commissioner Porter, seconded by Commissioner Snider, to approve the Site Plan, with the stipulations that no fencing be located to the front of the building, that the brick be a dark color such as maroon with a white soldier course along the top, that an awning be located over the office door and canopies be added over the bay doors. Motion passed 5-0. 2. Consider a recommendation to the City Council regarding a Final Plat for the Cascades Apartment Wylie Addition, generally located east of Country Club Road (F.M. 1378) and south of Parker Road (F.M. 2514), and being all of a certain 12.02 acre tract situated in the James McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas, and being a portion of The Cascade Companies, L.L.C. tract as described in Volume 4607, Page 1881 of the Deed Records of Collin County, Texas. Thompson reported that the subject Final Plat conforms to the approved Preliminary Plat and complies with all technical requirements of the City codes. Staff recommends approval. There was no discussion. Motion to recommend approval was made by Commissioner Ahrens, seconded by Commissioner Porter. Motion passed 5-0. 3. Consider a recommendation to the City Council regarding a waiver of alleys and a Final Plat for the Twin Lakes Phase IV Addition, generally located south of Alanis Drive and east of South Ballard Avenue (F.M. 2524) and east of Twin Lakes I, and being all of a certain 32.782 acre tract situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. Thompson reviewed the history of the subdivision, stating that the initial phase was developed with the alleys required by City code but that subsequent phases Two and Three were constructed and accepted without alleys. He reported that the code provides that the City Council may waive the requirement for alleys if determined to be in the best interest of the City. No record can be found in the City minutes as to a waiver of the alleys in Phase II and III, although there was discussion of other issues such as screening and drainage. Staff recommends denial, and would not place the Final Plat on the agenda for consideration without the requested waiver of alleys. Staff believes that acceptance of Phases II and III without alleys does not provide the applicant a vested right to waiver of alleys in future phases, especially since the applicant testifies that there has been and will be no substantial difference in the number of lots created with or without alleys. He reported that, although the code provides that a waiver be submitted and considered with the Plat, staff feels that waivers should be considered prior to the preparation of the plat and its required engineering. P&Z Meeting April 17, 2001 Page 4 Brenda McDonald, 270 No. Denton Tap Road, Suite 100, Coppell, TX 75019, and Robert Betancur, ZENA Land Development, L.P., 720 So. Kimball Avenue, Southlake, TX 76092, represented the request. Ms. McDonald testified that she had presented the Plats for Phases II and III and that a waiver of the alleys was clearly intended by the Planning and Zoning Commission and City Council and that similar waivers were anticipated for future phases, although such is not recorded in the minutes of the meetings. She said that engineering has been completed for the subject phase of the development, and that adding alleys at this point will be a financial hardship. Commissioner Snider commented that the Planning and Zoning Commission has indicated support for alleys in the past, but noted that Alanis Drive serves to divide the subdivision into two portions with varied character and lot size. A compromise could eliminate alleys for the north side of Alanis where smaller lots have been developed without alleys, but provide alleys in the area to the south of Alanis where larger lots adjoin Phase I with alleys. Commissioner Wiseman indicated support for such a split. Ms. McDonald argued that Canyon Creek Drive provides a north/south connection of the entire development which is a significant as the central Alanis division. Commissioners Ahrens and George responded that, where as the desire for alleys has varied over the years, the City Council now wants to require alleys. Commissioner Wiseman asked if there was a record of the reasoning when alleys were waived for Phases II and III. Thompson responded that there is no record of why alleys have been required at some times and not at other times. He reviewed the general functions of alleys, and concluded that the developer has accommodated these functions in other ways. He stated that he believes that the Council will understand and accept the waiver of alleys when justified, and that the question before the Commission is whether or not the waiver is justified in this case. Commissioner George questioned the desirability of combining front and rear garages within the same neighborhood. Thompson responded that that was not an appropriate issue for the platting process, and that the current code allows both front and rear entry with alleys. Matthew Butschek, 1755 F.M. 1378, Wylie, TX testified that the value of alleys for storm water management, utilities and traffic control is well documented, and it is not logical to allow a subdivision partially with and partially without alleys. Thompson responded that arguments both for and against alleys have been well documented, and arguments against include security and parking at front curbs. Motion to recommend approval of the Final Plat with a waiver of alleys, except that an alley be provided to the rear of Lots 37 through 47 of Block M in order to accommodate alleys in the future Phase V, was made by Commissioner Snider. The motion died for lack of a second. P&Z Meeting April 17, 2001 Page 5 Motion to recommend denial of the waiver request and Final Plat because they do not comply with the alley requirement of the Paving Standards was made by Commissioner Ahrens, seconded by Commissioner Wiseman. Motion passed 3-2, Commissioners Snider and George voting no. 4. Consider a recommendation to the City Council regarding a waiver of alleys for the Twin Lakes Phase V Addition, generally located south of Alanis Drive and east of South Ballard Avenue (F.M. 2524) and east of Twin Lakes IV, and being all of a certain 24.3 acre tract situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. The applicant requested that this action be withdrew. There was no further discussion. Motion was made by Commissioner Snider, seconded by Commissioner Ahrens, to accept withdrawal of the request without prejudice. Motion passed 5-0. Following a 5-minute break, the meeting reconvened at 8:25 p.m.. PUBLIC HEARINGS 1. Hold a public hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) District to Planned Development (PD) District for Single-Family Residential uses, generally located west of Country Club Road (F.M. 1378) and north of McMillen Road (C.R. 298), being a 99.814 tract of land conveyed by deed from Plano-Wylie Limited to Frederick Veningo, Trustee, as recorded in Volume 883, Page 628 of the Collin County Deed Records, and being situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin County, Texas. (Zoning Case No. 01-02) Thompson reported that the Comprehensive Plan recommends Suburban Residential uses for this location, and defines this category as including the 8,500 square feet lots as proposed. However, the recent revisions to the Zoning Ordinance include 8,500 square feet lots as Village Residential and define Suburban Residential as lots of 10,000 square feet or greater. The proposal will meet or exceed the required points of the new Residential provisions of the Zoning Ordinance, except that it is requested that side yards be a minimum of 8.5 feet rather than the 10 feet required by the ZO. The applicant had introduced this proposal and his concern that the wider side yard dictates a narrower house to the Commission at the April 3 Work Session. Funds will be provided in lieu of land for the required park donation, and the residents of the addition will use parks located elsewhere. Staff recommends denial because of the smaller side yards. P&Z Meeting April 17, 2001 Page 6 Richard Hovas of Tipton Engineering, Inc., 6330 Broadway, Suite C, Garland, TX 75043, represented the request and reported that the Conditions of Development and the Concept Plan have been revised to include suggestions made by the Commission at the April 3 Work Session. He said that the requested 8.5 feet side yard is necessary because the builders require a 56 feet wide building pad. In order to achieve this desired pad width, the smallest lots will be 73 feet by 128 feet or 8,760 square feet and most lots will be larger than 9,000 square feet. All other provisions of the Zoning Ordinance are met or exceeded. Peter Shaddock, Shaddock Development, Ltd., 4975 Preston Park Drive, Suite 360, Plano, TX 75093 testified that the builders, Grand Homes and Paul Taylor Homes, want to build the same product which they build throughout the region. This product requires a pad width of 56 feet which can not be accommodated with a side yard of 10 feet. The project is not feasible and will not continue with 10 feet side yards. Commissioner Snider noted that the currently requested 8.5 feet side yards is a compromise from the 7 feet which the developer earlier requested and was earlier required by the Zoning Ordinance and the 10 feet currently required. Commissioner George asked what features exceed the current code. Thompson responded that both lot and house size are larger than required, an amenity center will provide for private recreation and a landscaped entry feature is provided. Commissioner George said that he does not favor lessening our requirements and would prefer to wait until the area builders produce a narrower house design which accommodates our new side yard requirements. He does not favor variance at this time. Commissioner Ahrens questioned the need for the street extensions to the west and south, and the wisdom of an alley along the north adjacent to lots within the gated, limited access Riverchase Addition. He recommended that a reserve strip and perhaps wall or hedge screen be provided along the north property line. Thompson responded that the extensions to west and south are required to provide future developments with continuous circulation and additional points of access/egress. He cautioned against a reserve strip, but said that staff will investigate potential joint access problems of the northern alley and recommend appropriate solutions. Commissioner George asked how drainage will be accommodated. Hovas responded that most drains to the Muddy Creek floodplain west of the tract and that all storm water drainage will be subsurface. P&Z Meeting April 17, 2001 Page 7 Matthew Butschek, 1755 F.M. 1378, Wylie, TX lives immediately to the south of the subject property. He requested that streets be aligned with those on the east of 1378 in order to better manage traffic. He noted that some of the property will drain to 1378, and that the developments to the east of 1378 have created flooding and siltation problems along the 1378 roadway and on to his property. Thompson noted that the streets have been aligned, and that he will investigate the drainage problem. Michael Geisler, 6230 Northwood Road, Dallas, TX 75225, real estate representative for the original property owner, testified that the owner was very interested in a development which honored the property and was careful to select the most sensitive developers and builders. He recommended acceptance of the 8.5 feet side yard to allow larger houses, because the larger lots will provide the image of open space desired by the code. Motion was made by Commissioner Snider, seconded by Commissioner Ahrens, to recommend approval with the stipulations that the minimum 73 feet lot width be added to the development conditions, and that staff work with the developers to accommodate some buffer between this development and the gated community to the north. Motion passed 4-1, Commissioner George voting no. 2. Hold a public hearing and consider a recommendation to the City Council regarding approval of a Specific Use Permit for a Commercial Amusement/Indoor, located at 600 North Highway 78, being all of a certain 0.0413 acre portion of Lots lA and 2A, Block B of the Railroad Addition, City of Wylie, Collin County, Texas. (Zoning Case No. 01-03) Thompson reviewed the request, stating that Commercial Amusements are allowed within Retail district with a Specific Use Permit. The SUP process allows the establishment of conditions which will assure that the use is compatible with neighboring uses. He reported that the Zoning Ordinance requires 30 on-site parking spaces for the game room, and there is currently insufficient parking within the retail center to accommodate this demand. Staff recommends denial unless the parking requirement can be accommodated in some way. He noted that because more than 20% of the neighboring property owners have expressed written opposition to the request, recommendation for approval will require a 3/4ths majority vote of the Commission. Chi Nhan Truong, 2011 Glen Meadow Court, Richardson, TX 75081, testified that the proposed 45 games represents an ultimate estimate, and that the initial operation will have only 10 games and not be open for 24 hours and, therefore, require fewer parking spaces. Thompson responded that the requirement is 30 spaces for any operation less than 2,000 square feet of floor space and that no prorated provision is allowed. Richard Lleafgreen, 503 Seis Logos Trail, Wylie, TX 75098, speaking for the owner, encouraged approval of the request, suggesting that the game room is a good combination with other tenants. P&Z Meeting April 17, 2001 Page 8 Commissioner Porter noted that several of the responses in opposition cited the limited parking and he asked if parking can be accommodated in any, such as additional spaces constructed or other tenant mixes. Leafgreen responded that the center is full except for this space, and he believes the parking issue is over stated. The game room will operate and require parking when other tenants are closed. Commissioner Snider asked if there were any adverse proximity rules which apply to the request. Thompson responded that the game room could not be located within 300 feet of a school, and that it meets this requirement. Commissioner George asked the applicant if they currently operated other game rooms and had an understanding of the management requirements. Nhan Truong responded that they operate a similar game room in Garland. Motion to recommend denial due to insufficient parking was made by Commissioner Wiseman, seconded by Commissioner Ahrens. Motion passed 5-0. WORK SESSION Following a short break, Commissioners reconvened in the Work Session Conference Room.. 1. Discuss the attendance policy and trends of the Commission. Thompson reviewed the Rules of Procedures of the Planning and Zoning Commission and the Commissioner's Attendance record distributed for the April 3 meeting. He reviewed the attendance requirements of the Commissions' Rules and of the City Charter, noting that both provide for replacement of any member absent for three consecutive meetings. He noted that Commissioner Tramell has been absent for the three consecutive meetings and is subject for replacement. The City Council has waited until the Council elections were completed to make replacements to all committees, boards and commissions, and make new appointments next Tuesday, April 24. Thompson further noted that the Charter does not mention reasons for excusing absences while the Commission's Rules specify as valid excuses "illness, death in the family, or emergency". Commissioner Ahrens recommended omitting the limited reasons for excused absences and adding the wording from the Charted that the position shall be declared vacant and the remainder of the unexpired term filled by the Council within 30 days. Commissioners expressed general agreement. P&Z Meeting April 17, 2001 Page 9 Thompson suggested that excuse for absences be provided by majority vote of the Commission, rather than by staff or Chairman as Commissioners suggested. However, excused absences should not substitute for the entire 3 absences which support replacement. The Commission needs to have present at each meeting the 3/4th of members which is required by State law to decide some issues. Staff will draft revisions to the Rules of Procedure for consideration by the Commission at a future meeting. 2. Discuss revisions to the Zoning Ordinance. Ray Stanland, 5207 McKinney Avenue, Dallas, TX, and Janet Thorp, 7933 Goodshire Avenue, Dallas, TX were present to discuss proposed revisions to the nonresidential districts of the Zoning Ordinance. Stanland suggested additional meetings in order to complete the revisions during May as desired by the City Council. It was noted that recent several requests for rezoning have had to be allowed without the standards which are anticipated to be in the revisions. Commissioners decided to hold Work Sessions on the next several Monday nights for the sole purpose of completing revision of the Zoning Ordinance. Stanland distributed and led a review of Section 6.3, development regulations for the Downtown Historic District. He noted change in the boundary of the district as recommended at the last meeting, and provided a detailed review of the development requirements. He noted that the draft regulations produce a classic retail development in keeping with the historic Ballard Avenue frontage, and that standards for the more residential character need to be added. Stanland reviewed the currently-adopted sign regulations highlighting areas for potential revision and asking the Commissioner's opinion of various characteristics. He noted that the current code does not limit the number of signs which may be erected and/or attached to a property. He suggested that some entry feature sign and perhaps even uniquely designed street signs may be considered. Proposed revisions to the signs will be provided in the next several weeks. Thorp provided a copy of Article 5, which has been revised to accommodate the Commissions' earlier review comments. Thompson will make copies available to each member prior to next Monday's meeting and that will be the major topic of discussion. The Commissioners should especially note the several highlighted areas which still need to resolved. Thompson will remind members of the next Monday meeting. P&Z Meeting April 17, 2001 Page 10 ADJOURNMENT The meeting was adjourned at 11:05 p.m.. Michael George, Chairman b Claude Thompson, Planne