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06-05-2001 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting June 5, 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 Mike Phillips Carter Porter Tony Snider Gary Wiseman Commissioners Absent: William Chapman 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 7:04 p.m. PLEDGE AND INVOCATION Commissioner George offered the Invocation and Commissioner Phillip led the Pledge of Allegiance. CITIZEN PARTICIPATION No one appeared to speak. CONSENT AGENDA ITEM 1. Consider and act upon approval of the Minutes from the May 15, 2001 Regular Meeting. P&Z Meeting June 5, 2001 Page 2 Motion was made by Commissioner Porter, seconded by Commissioner Ahrens, to approve the Minutes as submitted. Motion passed 6-0. 2. Consider and act upon approval of the Minutes from the May 7, May 14 and May 21, 2001 Special Work Sessions. Motion was made by Commissioner Ahrens, seconded by Commissioner Porter, to approve all of the subject Minutes as submitted. Motion passed 6-0. ACTION ITEMS 1. Consider a recommendation to the City Council regarding a Final Plat for the Meadows of Birmingham Addition, including a waiver of alleys, being all of a certain 61.997 acre tract of land situated in the M. Phelan Survey, Abstract No. 695, and the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas, being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. As described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas. Thompson reviewed the platting history of the subject property, noting that the City Council approved a Preliminary Plat for the property in June of 1999 contrary to the recommendation of staff and Planning and Zoning Commission that the Plat be denied. He reported that all issues noted in the minutes of the 1999 review have been addressed in some in the Final Plat currently under review. The current Final Plat conforms substantially to the approved Preliminary Plat including not providing alleys, as are required for all residential subdivisions. He reviewed the normal functions of alleys and provided arguments for and against alleys. The applicant has failed to demonstrate that a waiver of alleys is appropriate, and staff recommends denial of the Plat as not in technical compliance with the code or approval of a waiver of the alley requirement. Ike Shupe, 1717 Main Street, Suite 2800, Dallas, TX, representing the applicant Ryland Homes, testified that it is the applicant's opinion that no alleys are required and that a waiver of the residential alley requirement was intended by the Council's approval of the Preliminary Plat. He contended that the staff discussion that alleys be added is recent and unreasonable, and that to modify the Preliminary Plat by the addition of alleys could jeopardize other issues such as zoning. Thompson responded that some differences between the Preliminary and Final Plats is expected and allowed and that modification of the plat to accommodate City requirements need not reopen zoning questions. P&Z Meeting June 5, 2001 Page 3 Chairman George asked when the land was purchased and if the applicant was aware of the alley requirement at that time. Shupe responded that Ryland Homes purchased the property in May of this year, and probably would not have if it was known that alleys were required. Commissioner Ahrens asked for the opinion of staff and attorney concerning the authority of the approved Preliminary Plat which does not comply with the alley requirements. Thompson responded that in the Wylie development process, a preliminary plat serves more as a and land and project study than a legal filing instrument, reporting existing conditions as well as anticipated development patterns, and that the minutes of earlier review of the Preliminary of the subject property made no mention of alleys although several other issues were noted. City Attorney Julie Fort responded that alleys are a requirement of the code and it is the applicant's responsibility to know and design to comply with the code. Commissioner Snider asked if the applicant has determined what will be required, the benefits and limitations, to add alleys to the current Plat, suggesting that he could see some places where alleys can be added and some places where they can or should not be added. Commissioner Porter asked if there was a reason pother than economic hardship why alleys could not be added at this time. Shupe responded that the applicant has not considered the addition of alleys, contending that the approved Preliminary Plat gives the right to develop without such. Commissioner Snider suggested that land development is an evolutionary process and is subject to changing conditions, suggesting that some compromise was possible as has been achieved in earlier similar cases. Shupe responded that Section 245 of the Texas Local Government Code provided that laws can not change the development once it is initiated. Snider responded that the code required alleys before the Plats were submitted and it has not changed. John Hutchinson, President of Ryland Homes of Texas, 12200 Ford Road, Dallas, TX., stated the property was purchased to accommodate a specific house product and that to recommend any modification of the plat now was an improper staff action. [At the recommendation of the City Attorney, the Commission recessed in to executive session at 7:35 p.m. to discuss legal matters. The Commission reconvened at 7:351 Commissioner George asked if the applicant is willing to document the effects of adding alleys to the project. Shupe responded that Ryland is being asked to do what it has no obligation to do, that they will not redesign the subdivision to add alleys, and does not understand what must be decided. P&Z Meeting June 5, 2001 Page 4 • Commissioner Snider stated that it has been noted that some compromise can perhaps be achieved with additional study, and asked if the applicant will agree to delaying the decision until staff and consultants studied the issues further. After deliberation with Hutchinson, Shupe stated that the applicant will agree to a delay for additional study. Thompson stated that the applicant must agree to extend the State imposed 30-day review period in order to study the Plat further. Shupe agreed to waive the 30-day review period until the next P&Z meeting. Motion was made by Commissioner Phillips, seconded by Commissioner Ahrens, to table consideration of the subject Final Plat until the June 19 meeting as requested by the applicant. Motion passed 6-0. 2. Consider a recommendation to the City Council regarding a Final Plat for the Birmingham Farms Phase 2A Addition, including a waiver of alleys, being all of a certain 70.383 acre tract of land situated in the C. Atteberry Survey, Abstract No. 22, the M. Phelan, Survey, Abstract No. 695, and the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas, being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No. 94- 0029675 of the Deed Records of Collin County, Texas. Thompson reviewed the history and character of the subject Final Plat, stating that the Plat addresses all required technical requirements of the code except that it does not include alleys as required. The Plat conforms substantially to the Preliminary Plat approved by the City Council in July of 1999, including the lack of alleys. The applicant has requested a waiver of the residential alley requirement but has not demonstrated the need for such a waiver. Staff recommends denial of the Plat or a waiver of the alleys. Commissioner Ahrens questioned the floodplain within the dedicated public park. Thompson responded that the park land dedication ordinance requires that park land not be occupied by or used for floodplain. However, the Plat dedicates more park land than is required and the Park Board has approved the dedication. Bret Pedigo, of Centex Homes, 2800 Surveyor Boulevard, Dallas, TX, stated that the property was purchased with the understanding that alleys were not required because of the Council- approved Preliminary Plat. When the applicant met with staff in March to identify issues, staff requested alleys but did not clearly require such. When staff later called to encourage alleys, the property had been purchased. He asked why alleys are now required, since all functions of alleys have been accommodated in other ways (access, drainage, utilities). P&Z Meeting June 5, 2001 Page 5 Commissioner George asked if the applicant has determined the effects of adding alleys to the project. Pedigo responded that he has not studied this site, but alleys normally result in 10-15% fewer lots and the current oversized lots will be made smaller. Commissioners Snider and George noted that the code requires alleys, and asked why some compromise can not be achieved. Pedigo responded that the Council has approved the Preliminary Plat without alleys believing that alleys were a cost/hardship to the City. Commissioner George asked if there will be a consistent screen wall adjacent to thoroughfares. Pedigo responded that the developer will provide a common wood fence between masonry columns, as provided in other recently approved additions by Centex. Commissioner George asked about the phasing of thoroughfares which adjoin and provide access to other developments. Pedigo responded that the single developer construct and market the several phases and will coordinate street construction to assure access. Commissioner Ahrens asked if the applicant is willing to waive the State plat-approval period and work with the staff in an attempt to achieve a compromise. Pedigo agreed to restudy the Plat with staff but requested the P&Z to provide clear definition of remaining issues and City philosophy on these issues, and such an agreement to further discuss the issues is in no way an admission by Center that alleys are required. Thompson clarified that in agreeing to table the request for further discussion, the applicant is waiving the State 30-day review period, and Pedigo agreed. Motion was made by Commissioner Ahrens, seconded by Commissioner Porter, to table consideration of the subject Final Plat until the June 19 meeting as requested by the applicant. Motion passed 6-0. [The Commission recessed for break at 9:05 p.m. and reconvened at 9:14 p.m.] 3. Consider a recommendation to the City Council regarding a Final Plat for the Birmingham Farms Phase 2B Addition, including a waiver of alleys, being all of a certain 22.973 acre tract of land situated in the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas, being a portion of Tract 2A as described in the deed to Centex Homes as recorded in the County Clerk's File No. 2001-0042153 of the Deed Records of Collin County, Texas, and being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. As described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas. P&Z Meeting June 5, 2001 Page 6 Thompson reviewed the history and character of the subject Final Plat, noting that this addition is zoned to allow Two-Family (Duplex) Residences. The Preliminary Plat, approved by the City Council in July of 1999, provided no alleys, nor did the minutes reflect a waiver of the required alleys. He noted that Westgate Way is noted as an access easement as well as collector street, should this phase be constructed before Westgate is provided by phase 2A, thereby assuring access to this addition. Staff recommends denial as submitted or approval with a waiver of alleys as requested by the applicant. Bret Pedigo, of Centex Homes, 2800 Surveyor Boulevard, Dallas, TX, represented the proposal. He asked if the access and park dedication concerns raised in the Planning Report were still valid. Thompson responded that staff is satisfied that access and park dedication is adequately provided by phase 2A. Commissioner George asked if the easement is sufficient to provide access if this phase is constructed first. Pedigo responded that Westgate Way will be constructed by the first addition to develop. Thompson responded that the easement provides the potential for future dedication of the collector street right-of-way, and no further streets or lots can be initiated until access is provided. Motion was made by Commissioner Ahrens, seconded by Commissioner Snider, to table consideration of the subject Final Plat until the June 19 meeting as requested by the applicant. Motion passed 6-0. 4. Consider a recommendation to the City Council regarding a Final Plat for the Birmingham Farms Phase 3A Addition, including a waiver of alleys,being all of a certain 62.885 acre tract of land situated in the C. Atteberry Survey, Abstract No. 22, and C. McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas, being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas. Thompson reviewed the history and character of the subject Final Plat, noting that this addition is zoned to primarily for Single-Family-2 Residential to allow minimum lots of 8,500 square feet, as well as some Single-Family-1 Residential which requires an minimum lot size of 10,000 square feet. The Preliminary Plat, approved by the City Council in July of 1999, provided no alleys, nor did the minutes reflect a waiver of the required alleys. Staff recommends denial as submitted or approval with a waiver of alleys as requested by the applicant. P&Z Meeting June 5, 2001 Page 7 Bret Pedigo, of Centex Homes, 2800 Surveyor Boulevard, Dallas, TX, represented the proposal, pointing out the multiple points of access and the access provided to the phase 3B. Commissioner George asked about park land dedication. Pedigo pointed out the land adjacent to the school to be dedicated as a park, as earlier requested by the Park Board and WISD. An access easement is provided from the residential lots as well as the street to this joint park/school open space. Commissioner Phillips questioned the function of the "common area" to the east side of the addition. Pedigo responded that this was floodplain and some creek reclamation is planned as well as a hike &bike trail to connect with the subdivision on the north. Commissioner George asked is if drainage and perimeter screening were provided for. Pedigo stated that all drainage is directed to the streets and to the floodplain on the east. Unified screen walls will be provided by the developer on those few lots which back on to a street,but most lots are designed to side or face on to streets. Motion was made by Commissioner Ahrens, seconded by Commissioner Wiseman, to table consideration of the subject Final Plat until the June 19 meeting as requested by the applicant. Motion passed 6-0. 5. Consider a recommendation to the City Council regarding a Final Plat for the Birmingham Farms Phase 3B Addition, including a waiver of alleys,being all of a certain 45.182 acre tract of land situated in the C. Atteberry Survey, Abstract No. 22, and the C. McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas, being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas. Thompson reviewed the history and character of the subject Final Plat, noting that this addition is zoned to primarily for Single-Family-2 Residential to allow minimum lots of 8,500 square feet, as well as some Single-Family-1 Residential which requires an minimum lot size of 10,000 square feet. The Preliminary Plat, approved by the City Council in July of 1999, provided no alleys, nor did the minutes reflect a waiver of the required alleys. Staff recommends denial as submitted or approval with a waiver of alleys as requested by the applicant. P&Z Meeting June 5, 2001 Page 8 Commissioner Snider that some street alignments have been changed from those shown on the Preliminary Plat, such as Talladega Drive not continuing across Cheyenne. Pedigo responded that these have been realigned to eliminate four-way intersections, and noted that no lots back on to a street.. Thompson responded that the changes are considered by staff to be an improvement and street and lot layout of the Final Plat under consideration still generally conforms to that of the approved Preliminary Plat. Motion was made by Commissioner Ahrens, seconded by Commissioner Wiseman, to table consideration of the subject Final Plat until the June 19 meeting as requested by the applicant. Motion passed 6-0. 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 Single-Family Residential —8.5 (SF- 8.5) District and Single-Family Residential-10 (SF-10), for a 57.773 acre tract generally located in the southwest corner of Brown Street (C.R.433) and Kreymer Lane (C.R. 432), situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas, being a portion of the south end of a called 77.14 acre tract titled second tract as described in a deed from Orville Kreymer to John Willis Kreymer as recorded in Volume 1373, Page 73 of the Deed Records of Collin County, Texas. (Zoning Case No. 01-05) Thompson reported that the applicant has request that this request be withdrawn. He stated that the applicant intends to shortly submit a somewhat modified request on the property. ADJOURNMENT Motion to adjourn was made by Commissioner Ahrens, seconded by Commissioner Wiseman. Motion passed 6-0, and the meeting was adjourned at 9:35 p.m.. 4Mic el George, Chairman Claude Thompson, Plann