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06-19-2001 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting June 19, 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 William Chapman Mary V. Bradley, Secretary Michael George Mike Phillips Carter Porter Gary Wiseman Commissioners Absent: Tony Snider PREMEETING The Premeeting was convened at 6:30 p.m.. Thompson reviewed the Planning Reports and addressed questions from the Commissioners. CALL TO ORDER Commissioner George called the Regular Meeting to order at 7:11 p.m. PLEDGE AND INVOCATION Commissioner George offered the Invocation and Commissioner Porter led the Pledge of Allegiance. CITIZEN PARTICIPATION No one appeared to speak. P & Z Meeting June 19, 2001 Page 2 CONSENT AGENDA ITEM 1. Consider and act upon approval of the Minutes from the June 5, 2001 Regular Meeting. Commissioner Porter recommended changing verbiage on page three, second paragraph, deleting the word "and". He also recommended adding to the fifth paragraph on page three that "Mr. Hutchinson indicated that he would pursue a lawsuit if the Final Plat was not approved." Commissioner George commented the time in the fifth paragraph was also incorrect. Thompson responded that the Commission reconvened the Regular Meeting at 7:53 p.m. rather than 7:35 p.m.. Motion was made by Commissioner Ahrens, seconded by Commissioner Chapman, to approve the Minutes with changes noted. Motion passed 6-0. 2. Consider and act upon approval of the Minutes from the June 4 and June 11, 2001 Special Work Sessions. Motion was made by Commissioner Ahrens, seconded by Commissioner Wiseman, 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 the Planning and Zoning Commission that the Plat be denied. Staff believes the applicant has now demonstrated that alleys are inappropriate in this submittal because the major functions of alleys have been incorporated by other measures and the addition of alleys at this time would only serve to reduce either the number or size of lots since the applicant intends to build only front-entry garages as the City Code allows. So if alleys were added they would be fifteen-foot wide and only accommodate a limited amount of drainage. The Staff recommends approval. Commissioner George asked Mr. Thompson if his meeting with the applicant basically satisfied the Code requirement for alleys. Thompson stated that was correct. When the applicant met with Staff they evaluated several locations for adding alleys but alleys could not be added without loss of lots or reduction in the size of lots. At the last meeting, the applicant had demonstrated that the drainage, utilities and other functions of the alleys were being served in other measures. P & Z Meeting June 19, 2001 Page 3 Mr. Marc P. Paquette, Carter & Burgess, 7950 Elmbrook Drive, Dallas Texas, 75247-4925, represented the applicant. Commissioner George asked who attended the meeting with Mr. Thompson. Mr. Paquette responded that it was Mr. Thompson, City Engineer Chris Holsted, and himself in the meeting. Commissioner George asked how many lots would be lost if alleys were added. Mr. Paquette responded that every lot would be affected. In order to accommodate alleys, the whole Plat would need to be redesigned and lots would be lost or lots would reduce by size. The lots, which are now larger than required by Code, would be reduced to the minimum size. Commissioner George asked if on-street parking would not be lessened if alleys were added. Mr. Paquette stated that there would be two parking spaces within the garage and two parking spaces in the driveway that leads up to the garage, or a total of four parking spaces outside the city's right-of-way for each house and that is the same amount whether it has front-entry or rear- entry garage. He stated that several studies indicate that there is more parking in the street where alleys and rear-entry garages exist, because all visitors and deliveries park in the front where there are no driveways. Commissioner George and Commissioner Ahrens requested information on the storm drainage. Mr. Paquette stated the houses would have the Type A drainage, meaning that lots drain from the rear property line to the street and around the dwelling within a swale that is along the property line and no drainage occurs from one lot to another. The other Types of drainage are Type B and Type C, which allow a portion of the lot to drain to the back or to the adjoining lots. Ryland Homes prefers to have Type A drainage, so the plans were designed to take all the run off drainage from each individual lot and direct it into the streets. The underground storm drainage in the roads is of sufficient size to handle the run-off that drains into the street. Mr. Paquette testified that to provide alleys strictly to handle storm drainage is not a real good policy because they only accommodate the backyard, grass area and a portion of the driveway, while most of the additional runoff from the rooftop, sidewalks, etc., still flows out into the streets. A very small percentage of the total storm water generated by the development is serviced by putting drainage in the alleys. Mr. Paquette discussed the open drainage ditch around the development. He explained that it was a common drainage ditch between the Meadows of Birmingham Addition and Centex development adjacent to it. The open drainage was approved as part of the Preliminary Plat. This channel is under review by the US Corps of Engineers and the City Engineer and represents only a small portion of this Plat. Drainage will be picked up from the ditch and piped through this Addition by underground pipes in the streets. Thompson stated that the drainage would be the responsibility of either the Corps of Engineers or the Homeowners Association, but not the City. Commissioner George asked if there was sufficient park dedication, which excludes the power lines. Thompson responded that park land dedication exceeded the requirement and that the Parks Board approved the park area shown on the Plat. P & Z Meeting June 19, 2001 Page 4 Mr. Paquette reported that there would be one fence along the rear property line, which would be shared between the homeowners. Commissioner George asked how we could insure that the fence along the easement can be similar. Becky Ullman, Land Development Manager for Ryland Homes, 12200 Grove Road, Dallas, TX, stated that the Homeowners Association would require all fences to be stained the same color and they would have the right to remove, replace and repair these fences along the common areas. The Homeowners Association can put a lien against the property, if the homeowner does not comply with the requirements. This has been very successful in keeping similarity and consistency. Ryland Home's encourages consistency by a six-foot wood fence. Motion was made by Commissioner Carter, seconded by Commissioner Ahrens, to deny the Plat based on lack of alleys and the open drainage. 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 technical requirements of the code except that it does not include alleys. The applicant has requested a waiver of the residential alley requirement. Staff recommends approval concluding that all functions of alleys have been accommodated by other measures and adding alleys at this stage will result in a reduction of lot size or loss of lots. The applicant Bret Pedigo, Centex Homes, 2800 Surveyor Boulevard, Dallas, Texas, was present to represent the Plat. Commissioner George stated the Commission did read the letter submitted by Mr. Pedigo and appreciates his willingness to work with the City. Mr. Pedigo stated that his interpretation of the charges from the last Commission meeting was to go through all the issues and evaluate where alleys could be added. It was determined that if alleys were added, there would be a 19% loss of lots, that is about 55 lots, just on the Phase II project. On the phase III, 34-lots would be lost, which is about 32%. That is about 99 lots total. When Centex purchased the project, they considered how many houses they wanted to build in the City of Wylie and that determined the cost of the project and of individual houses. At that time, each house would be costing about $150,000, which is about 50 million dollars in revenue for Centex that they would be losing just to add alleys, and that does not include the development cost for alleys. This particular development requires a 48 by 70-foot building pad, which is typical on developments around here. The larger side yards are required by the City's Zoning requirement. If Centex had an 85-foot pad it could P & Z Meeting June 19, 2001 Page 5 account for a 15-foot wide alley width. Upon analysis of the whole area, alleys could be added on certain streets, but that would limit the duplex product in depth to 50 to 55 feet. Those structures are already 45 feet wide by 50 feet deep. Centex cannot lose those lots. Mr. Pedigo further stated that if Centex had realized there would be an alley requirement they probably would not have bought this property. He said he has tried to come up with what the Commission requested at the previous meeting. He is looking for an alternative which the Commission can accept, rather than a denial. Commissioner George stated that Mr. Pedigo has done a very good job in coming up with drawings and explanations why alleys may not be appropriate and where they might be. Mr. Thompson stated if the applicant was willing, as an alternative, the applicant could show the amending plats to the Council, whether the Commission approves or denies. Staff had encouraged the applicant to resubmit the earlier Plat reflecting no alleys because staff had concluded that such were inappropriate. Motion was made by Commissioner Ahrens, seconded by Commissioner Wiseman, for denial due to no alleys and open drainage and traffic access issues. Motion passed 4-2, with Commissioner George and Commissioner Chapman voting no. 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. Thompson reviewed the history of the Plat, noting that this addition is zoned to allow Two- Family (Duplex) Residences. Staff recommends approval. Bret Pedigo, of Centex Homes, 2800 Surveyor Boulevard, Dallas, TX, was the applicant present. Mr. Pedigo stated that Centex Homes prefers Type A drainage and front-entry garages, and that adding alleys will not facilitate drainage or traffic access. Commissioner George asked if there were different issues or requirements specific to this Plat or did the previous discussion cover this area also. There was limited additional discussion. Motion was made by Commissioner Wiseman, seconded by Commissioner Phillips, to deny due to lack of alleys and the open drainage. Motion passed 4-2 with Commissioner Chapman and Commissioner George voting no. P & Z Meeting June 19, 2001 Page 6 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 of the Plat, noting that this addition is zoned 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 a minimum lot size of 10,000 square feet. Staff recommends approval. Commissioner George commented that it was not appropriate to provide alleys along the greenbelt. Commissioner Ahrens noted that lots along the greenbelt could be reduced in size to allow alleys to be added elsewhere where smaller lots currently prohibited them. Commissioner Phillips asked about the major sewer line easement. Commissioner George asked about park land dedication. Bret Pedigo, of Centex Homes, 2800 Surveyor Boulevard, Dallas, TX, represented the proposal, explained these in relation to the overall Preliminary Plat earlier approved. He also pointed out some of the products would have 3-car garages with front-end swing entry, so there is extra room on the lots to allow some compromise for alleys. There is a water line and sewer line in the middle of the area where they could put alleys. He illustrated these locations on a Plat. Motion was made by Commissioner Chapman to approve the Plat with the addition of the alleys suggested by Mr. Pedigo. The motion failed for lack of a second. Motion was made by Commissioner Ahrens, seconded by Commissioner Porter, to deny based on lack of alleys. Motion passed 4-2 with Commissioner Chapman and Commissioner George voting no. 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 noting that this addition is zoned 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 a minimum lot size of 10,000 square feet. Staff recommends approval with alley waiver. Commissioner George asked if there were different issues related specifically to this Plat or did the previous discussion cover this area as well. There was limited additional discussion. P & Z Meeting June 19, 2001 Page 7 Motion was made by Commissioner Wiseman, seconded by Commissioner Ahrens to deny based on lack of alleys. Motion passed 4-2 with Commissioner Chapman and Commissioner George voting no. (The Commission took a break at 8:30 p.m. and reconvened at 8:40 p.m.). 6. Consider a recommendation to the City Council regarding a Final Plat for the Sage Creek North Addition, including a waiver of alleys, being all of a certain 50.7752 acre tract of land situated in the John W. Mitchell Survey, Abstract No. 589, City of Wylie, Collin County, Texas, and being a portion of a tract conveyed to Debra S. Thurmond as described in a deed recorded in County Clerk's File No. 95-0090832 of the Deed Records of Collin County, Texas. Thompson reviewed the history noting that the property is zoned for a Planned Development District which establish specific subdistrict lines which divide the lot sizes and establish total lot numbers and densities within each subdistrict. The Plat will create a total of 155 single-family lots ranging in size from 7,500, 8,500 and 10,000 square foot lots. Mr. Tim Spiars, Tipton Engineering, 6330 Broadway Boulevard, Garland, Texas, represented the Plat. The property was sold to Pulte Homes from Ashton Homes approximately 30 days ago. Robert Thurmond originally owned the property, and the conditions of the agreement between Ashton and Mr. Thurmond are incorporated within this Plat and will be honored. Mr. Spiars stated that there would be 13 lots or 9% removed if alleys are required to be added. He stated that there should be a definite separation from the Mobile Home Park on the west and Mr. Thurmond does not want alleys on the east. He testified that the current oversized lots would be reduced in size to the minimum if alleys were put in. Mr. Art Anderson, Winsted Sechrest & Minick, 1201 Elm Street, Dallas, Texas attorney for Pulte Homes, stated that the approved concept plan does not include alleys, and the Final Plat conforms to the Subdivision Ordinance and approved Preliminary Plat. The PD approved tract lines and the Zoning would change if alleys are included. Alleys would not be consistent with approved zoning or preliminarily plats. If the Commission denies the request they must certify their reasoning under chapter 2.12 of the Texas Local Government Code. He requested an explanation regarding where there is a requirement in the Subdivision Ordinance for alleys in residential districts. Mr. Thompson responded that Section 2.9 of the Paving Standards requires alleys. Mr. Steve Gee, 1431 Greenway Drive, Suite 710, Irving, Texas, stated that paving is a development issue not normally involved in platting. The Paving Standards are the construction standards and not the developer's standards. Mr. Gee stated that he would not have purchased the land if they had known about the requirement for alleys, because he builds a front-garage house. The alleys stipulation was not made known until a week or so ago when his engineer spoke with staff. The approved PD concept plan and Preliminary Plat did not show alleys and they did not think they had to have alleys. P & Z Meeting June 19, 2001 Page 8 Commissioner Ahrens stated not every lot needs to have alleys, clearly that is not feasible. Not all developments can have alleys and the Commission recognizes that. However, he pointed out several locations where he believed allreseys ond.could He requested to out seesthelficant PD Concept lons Plan, and the project and asked the applicant to p Thompson left the meeting to get the PD file. Commissioner George stated that the promise of a specific quality of house was envisioned and used to overcome earlier issues and encourage approval of the PD. Mr. Gee responded that his product was the same as that underway in Sage Creek. He further stated that they couldn't add alleys because they had certain expectations when they started this project but they fully intend to comply with conditions of the Planning and Zoning Commission and the letter of agreement with Mr. Thurmond. Commissioner Phillips asked about the drainage easement and Screen Wall on the back of the lots and requested that it be added to this Plat. The easement starts out with a 30 foot width and it goes down to a 20 foot section where the house is, and there will actually be landscape easement on the back of these lots. The HOA will maintain that area along the fence and Mr. Thurmond's pipe and cable area. Thompson stated that the easement can be added on the Final Plat released for filing and need not be added to this one which is to allow construction. Mr. Gee stated that Mr. Thurmond is very specific of where he wants the easement. This was an oversight and accidentally left off the Plat. The easement would be irrigated to support cedar trees 8 feet tall and 10 feet spacing in two rows. There will be a stained fence on one-side and cedar trees on the other side. All that area is to be maintained by HOA and irrigated and mowed by HOA. The same restrictions apply with fencing. These issues of Mr. Thurmond's agreement will stay the same. A 30-foot length easement and 20-foot width easement will be submitted to Council on the Plat. There are a number of changes or revisions that will normally go between Final Plat approved for construction and Final Plat for recording. Commissioner Carter had some questions for the builder, Don Dynstra, President for Pulte Homes, 1431 Greenway, Suite 700, Irving, Texas. Mr. Dynstra responded the he purchased this development from Ashton Homes, and comparing to the Lakeside addition they see it as a step up as far as pricing goes. Mr. Dynstra stated the square foot was at a minimum based on the size of lots,but would range from 1,800 to 2,000 square feet. The price range would not be anywhere near$185,000. Motion was made by Commissioner Porter to deny the Plat due to lack of alleys, but the motion failed for lack of a second. Motion was made by Commissioner Phillips, seconded by Commissioner Chapman, to approve. The vote tied 3-3 with Commissioners Wiseman, Phillips, and Chapman voting to approve and Commissioners Ahrens, Porter and George voting to deny. P &Z Meeting June 19, 2001 Page 9 7. Consider and act upon approval of a Site Plan for the CVS Pharmacy, being a 2.4 acre tract in the southwest corner of West Kirby Street (F.M. 544) and State Highway 78, situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas. Thompson introduced the Site Plan for CVS Pharmacy, a single retail building of less than 12,000 square feet. A Preliminary Plat for the property is on the current agenda to initiate the development process. The property is zoned Industrial and the pharmacy is allowed in that district. The Plat also dedicate right of way for the 544 and 78 intersection. The area immediately north is zoned Industrial as well and has had Site Plan and Preliminary Plat recently approved for Walgreen's. The area immediately across S.H. 78 is zoned and developed for similar retail uses. The area to the west backs up to the new railroad corridor and drainage ditch and onto the Albertson's tract. Staff recommends approval. No one was present to represent the Site Plan, and the Commission had several issues to discuss. Motion was made by Commissioner Ahrens, seconded by Commissioner Chapman to table consideration of the Site Plan until the next meeting due to applicant not present. Motion passed 6-0. 8. Consider a recommendation to the City Council regarding a Preliminary Plat for the Kirby 78 Addition, being all of a certain 2.5989-acre tract of land situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas. Motion made by Commissioner Wiseman to table the Subject Plat based on the applicant not being present to respond to questions. Thompson stated in order to extend the State 30-day review/approval requirement, the applicant must agree to the decision to table the Plat. Commissioner Wiseman amended the motion to deny, seconded by Commissioner Ahrens, because the applicant was not present to respond to questions regarding the Site Plan and Plat. Motion passed 5-1 with Commissioner Phillips voting no. 9. Consider a recommendation to the City Council regarding a Final Plat for the Walgreen's-Wylie Addition, being all of a certain 5.422-acre tract of land situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas. Thompson stated this Final Plat would create a site for a multi-tenant retail center that totals 5.4 acres. The Walgreen's retail store would be the 1.8-acre Lot 1, and lot 2 has yet to be identified as tenants and layout. The Plat provides an easement across lot 2 to access 78 at the median cut. The property is Industrial, and the retail use is allowed in Industrial. The Commission in March approved the Site Plan, and the City Council approved the Preliminary Plat in April. Staff has determined the Plat meets all technical requirements, and recommends approval. Motion was made by Commissioner Ahrens, seconded by Commissioner Chapman to approve. Motion passed 6-0. P &Z Meeting June 19, 2001 Page 10 ADJOURNMENT Motion to adjourn was made by Commissioner Ahrens, seconded by Commissioner Chapman. Motion passed 6-0, and the meeting was adjourned at 9:59 p.m.. • Michael George, Chairman M. r V.4:radley, Secret