10-16-2001 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting October 16, 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 Mary V. Bradley, Secretary William Chapman Claude Thompson, Planner Michael George Mike Phillips Carter Porter Tony Snider Gary Wiseman CALL TO ORDER Chairman George called the Regular Meeting to order at 7:05 p.m. PLEDGE AND INVOCATION Chairman George offered the Invocation and Keaton George and Hayden Neil from Boy Scout Pack 304 Den 6 presented the Colors and 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 October 2, 2001 Regular Meeting. Motion was made by Commissioner Porter, seconded by Commissioner Ahrens to approve the minutes as submitted. Motion passed 6 — 0, Commissioner Phillips not in attendance. P & Z Commission October 16, 2001 Page 2 of 17 Chairman George informed the audience that the request for rezoning along Westgate Way has been withdrawn, and will not be considered tonight as earlier advertised. There will be no public hearing on the Westgate proposal at tonight's meeting. PUBLIC HEARING AGENDA 1. Hold a public hearing to receive public input and consider a recommendation to the City Council regarding certain proposed revisions to the Comprehensive Zoning Ordinance and Official Zoning Map of the City of Wylie, Texas, in compliance with Section 211.006 of the Texas Local Government Code. Thompson stated that zoning is a uniquely American process. The purposes of zoning are several. First, it is based on old nuisances laws, primarily to eliminate or reduce nuisances or conflict of land uses by predicting the kinds of activities that those uses would have and then separating competing uses and grouping complimentary uses together in zoning districts containing various compatible kinds of uses. Secondly, zonings major purpose is to achieve the City's long-range goals, to implement the Comprehensive Plan, and therefore to ensure the proper location and sizes of the streets, utilities and other public services. Thompson further reviewed the history of the City of Wylie Zoning Ordinance, dating back to 1962. Zoning is a very dynamic process and it is revised almost monthly as we consider specific zoning changes and implement those. The last major revision to the Zoning Ordinance was in 2000, when City Council adopted the new residential districts terminology and requirements. The Wylie Comprehensive Plan was revised in 1999 and that Plan revision resulted in new terminology of the districts. The current Zoning Ordinance is rather standard, and the major argument against zoning is that it is inflexible with absolute standards anticipate and encourage sameness in development. The recently adopted residential districts introduce a somewhat unique flexibility system of choice, where by all similar development must meet certain base requirements as well as selected choices of desirable additional improvements. The non-residential districts currently under consideration will offer the same flexible choices for development requiring a given number of points to be achieved by adding desirable improvements. Ray Stanland, Consultant, reviewed the changes to the Zoning Ordinance text and map. Dr. Stanland summarized the Articles within the Zoning Ordinance and explained the difference in the existing and proposed districts of the Zoning Ordinance Map. This transition process is simply trying to convert the existing zoning already on the ground to the nearest appropriate district of the new zoning, and conform to the Comprehensive Plan. Future rezoning decisions, based on specific individual requests will refine the map with more in-depth information and deliberations. P &Z Commission October 16, 2001 Page 3 of 17 Chairman George stated that basically what the Commission has done for the past year and a half is study the existing Zoning Ordinance and existing Zoning Map. This has resulted in what the Commission believes is best for the City of Wylie and the best for the citizens of Wylie, and the Commission now wants to hear what the citizens think of the changes. Commissioner George opened the Public Hearing, requesting speakers to limit their remarks to three or four minutes. Britt Volker, 1511 Anchor Drive, Wylie, Texas, asked the Commission who is responsible for maintaining a temporary 15 to 20 foot easement. Thompson stated that the maintenance of utility and access easements is the individual property owner's responsibility. Mr. Volker asked if the changes in the zoning would be retroactive. Thompson responded that the changes would be applied as soon as the new Zoning Ordinance is adopted by the City Council. Zoning allows no grand fathering or retroactivity, and existing use or structures which are contrary to the new zoning requirements will be "legally nonconforming" and allowed to remain in operation and be maintained and repaired but not expanded or reopened if closed for a period of six months. Zoning changes to correct nonconformity to the new requirements will be considered upon individual requests in the manner and schedule as they are currently processed. Raymond Cooper, 301 Dogwood, Wylie, Texas, represented as a property owner of several industrial businesses on Cooper Drive and several other property owners in the same area. Mr. Cooper stated that he was opposed to the proposed rezoning of this area to commercial uses, as it would cause property value to decrease for these nonconforming businesses. Commissioner George stated that Highway 78 and F.M. 544 is Wylie's major front door entryway, and the Commission would like it to develop as our primary retail corridor. The recommended revisions do not envision change of all industrial property into retail, but we would like to guide certain corridors toward retail. Mr. Cooper stated that his property is 110 feet deep and is not suited for corridor retail development, and no one is interested in purchasing his property or any property around him for retail uses. Thompson responded that this concern can be addressed in one of several ways if the Commission agrees that retail is inappropriate: change the map to inappropriate district or add the existing uses to the use chart as permitted by right with special conditions within the new Community Retail or Corridor Commercial district. Don Jackson, 2600 West F.M. 544, Wylie Texas, represented Collision Center that owns property on Century Way at Highway 78. Plans are ready to be submitted for building permits and the proposed zoning change will not allow the proposed automotive repair on the property. Although the new regulations will restrict any kind of auto repair or body shop there are now two auto repair shops within the area. The Collision Center will be an attractive building and will not have cars parked in the front and surrounding the building. The building will be 16,560 square feet. Commissioner George asked if a Plat has been submitted. Mr. Jackson stated that the property is already Platted for the use is P &Z Commission October 16, 2001 Page 4 of 17 currently permitted and the owner is waiting for the architect to complete drawings and submit a Site Plan. If the proposed Zoning change is approved, they will not be able to build the building for which they have expenses for property, engineering, and architectural. The Commission recognized similar additional concerns on other properties and will take these under advisement either to add that type of use to the Business Center District or revise the Business Center District on the map. Art Anderson, 1201 Elm Street, Dallas, Texas, represented two clients, Birmingham Farms and Peerless Manufacturing. The Peerless property on Ballard north of the railroad is currently zoned industrial and the applicant is interested in rezoning the property single family residential for starter homes. Mr. Anderson expressed opposition for Single-Family/8.5 and favored a Planned Development District to allow smaller lots and higher density. Thompson stated that the Planned Development District would remain in the new Zoning Ordinance. Commissioner George recommended that Mr. Anderson discuss the issue with staff at a later time, as the Commission is unable to address specifics of a rezoning request at this time as they consider the comprehensive rezoning of the entire City. Mr. Anderson stated that there were several issues on the Birmingham Farms properties. Mr. Anderson stated that he heard Dr. Stanland state that all Multi-Family tracts in the City would be transitioned to the new Multi-Family District except for the one on Birmingham Farms, and expressed the feeling of being singled out for arbitrary change. Dr. Stanland stated that the property was changed from Multi-Family District to Single- Family/8.5 because of its natural limitations and location. Mr. Anderson stated also that it was illogical to recommend a small strip of 10,000 square foot lots next to existing 7,200 square foot lots along the north side of Birmingham. Commissioner George stated that the purpose of the small strip next to a major thoroughfare was to strike a balance and not have all 8,500 square foot lots in that subdivision and the larger lots match those adjacent to the north within unincorporated Collin County without public sewerage. Mr. Anderson stated also that the intersection of Park and Country Club Roads, is currently zoned commercial and the applicant would like to have the southern part be large enough to allow a large grocery store. To do that, there would need to be a 600-foot lot depth and a Community Retail designation. Mr. Anderson stated that another concern is along Brown Street and Westgate Way where a high power line and gas pipeline that cut across the property. It is a very awkward site to develop as single family residential. Mr. Anderson would like the Commission to consider some alternatives, such as assisted living or similar higher density use. It will be very difficult to develop single-family tract in that area. P &Z Commission October 16, 2001 Page 5 of 17 Tony McElroy, Presidential Estates, expressed his opposition to any zoning changes that would allow a grocery store adjacent to Presidential Estates. Furthermore, he is opposed to any change increasing the density in that area. He is especially opposed to rezoning any additional development until Country Club Road is improved to accommodate the traffic. The Commission made mention that the City is not responsible for improvements to roads, especially County and State roads. Mr. McElroy stated that the Highway Department is not taking responsibility of Country Club Road. Until the infrastructure to widen Country Club is in place, there should not be a retail store in that area. Steve Harkins, 412 Fleming Street, Wylie, Texas, requested clarification about facade material for residential construction, stating that under all proposed categories the statement is "brick or stone, or fiber-cement siding." Commissioner George stated that cement EFIS as well as Stucco, and the Code is not limited to just brick or stone simulations of hand laid individual units. Shannon McMasters, property owner of an auto repair shop on Cooper Drive, requested clarification on the proposed Zoning. Currently he is zoned Industrial and the proposed zoning is Community Retail. Would he be required to meet the Community Retail requirement on his existing building? Commissioner George stated that he would be allowed to keep the current business but it would be classified as a non-conforming use and structure. The Commission would not require that non-conforming structures be demolished and rebuild according to the proposed Zoning. Henry Garland, 4131 Skyview, owns property along F.M. Highway 544, which is not within the City limits. He commended what the Commission is trying to do by trying to keep zoning as similar as possible to what it is now and not second-guess on the use on Commercial Corridor. Mr. Garland stated that he heard Dr. Stanland state that a cemetery is allowed in the Commercial Corridor, and encouraged the Commission to look really close at allowing a cemetery along Highway 544. He also expressed concern that the Zoning allowed Sexually-Oriented Businesses in the Industrial and future Industrial Zoning, and expressed opposition for this type of business anywhere in the City of Wylie. Commissioner George stated that the Commission also had trouble with allowing a Sexually-Oriented Business in our community, but by law zoning is required to make some allowance for every type of business. Mr. Garland stated further that the ones living outside the City limits are not being notified of the property changes within the City Limits that are right next to them. Commissioner George stated that it is published in the newspaper to notify surrounding neighbors and signs are placed on the property. Commissioner George closed the Public Hearing. Commissioner Ahrens expressed a concern over changing the Zoning Map, which offers the best compromise of choices. Dr. Stanland stated that the proposed transition is intended to limit changes in allowed uses and the boundaries of the existing zoning districts. The exception was made for P & Z Commission October 16, 2001 Page 6 of 17 Birmingham Farms because none of it fit the Comprehensive Plan. Exceptions and alternations can be addressed immediately after adoption of the revised requirements and map. Dr. Stanland recommended that the Commission not make decisions on major changes tonight. Thompson stated that the several issues can be addressed in several ways; look at each individual case by either agreeing to change the map or change the use chart, and he does not recommend doing that tonight. Dr. Stanland stated that the Staff presents all the alternatives to the City Council, once the Commission looks over each individual issue pulled out, if the concerns require additional review or they could be carried over for the Council to pull them out and review. A motion was made by Commissioner Ahrens, seconded by Commissioner Porter, to recommend adoption of the Zoning Ordinance and Zoning Map as proposed. Motion passed 7—0. The Commission took a break at 8:40 p.m. and reconvened at 8:50 p.m. 2. Hold a public hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Planned Development (PD) for Single-Family Residential and Village Center Mixed Uses, for a 470.00 acre tract of land, being part of those certain tracts conveyed to Joanne Venderweele, Successor Independent Administratrix, as described in Executor's Deed as recorded in the Collin County Clerk's File No. 95-0005773 and being part of those certain tracts described in the deed to George S. Richards as recorded in Volume 775, Page 55, of the Deed Records of Collin County, Texas, and being all of a called 1.00 acre tract described in the deed to F.D. Feagin et ux, of record in Volume 914, Page 697, of said Deed Records, and also being all of Tract 2 and part of Tracts 1 and 4 described in the deed to Jimmie Jane Feagin recorded in Volume 775, Page 58, of said Deed Records, and being part of a called 2.10 acre tract described in the deed to F.D. Feagin et ux recorded in Volume 757, Paage 824 of said Deed Records, and being all of that certain tract described in the deed to Edwin Collins Cook as recorded in the Collin County Clerk's File No. 93- 0039237, and being all of that called 69.25 acre tract described in the Quickclaim Deed to Silas M. Hart and Charlene H. Hart described in the Collin County Clerk's File No. 96-0091287, and being situated in the J.G. Jouett Survey, Abstract No. 475, the Allen Atterberry Survey, Abstract No. 23, and the Aaron West Survey, Abstract No. 979, City of Wylie, Collin County, Texas. (Zoning Case No. 01-13) Thompson stated that the subject property is 470-acres. The applicant is requesting rezoning in order to permit a master-planned multi-use community comprising single- family residential neighborhoods of varied densities, multifamily residential apartments, retail uses and private open spaces. The Concept Plan of the Planned Development District envisions a centrally-located retail Village Center, surrounded by residential P & Z Commission October 16, 2001 Page 7 of 17 neighborhoods of varied densities, and linked by parkways and open space corridors. The rural roadway circulation pattern focuses the community inward toward the Retail Center, with limited points of access/egress to and from exterior regional streets. The written conditions of the Planned Development District limit the number of dwelling units by 1,350 single-family units and 250 multifamily units, or a total of 1,395 units if single-family dwellings are developed in place of the multifamily dwellings. The residential lot sizes range from 6,000 square feet to 8,500 square feet, allowing 80% to be 7,500 square feet or smaller. The proposed minimum house size for the 8,500 square feet lots is 1,700 square feet and 1,500 square feet for on the 7,500 and 6,000 square feet lots. The PD requirements also generally comply with the point system of Zoning Ordinance for non-residential and residential areas except for certain variances that have been called out in the packet. The PD allows flexibility in the planning dictated by a parcel of this size and the proposed complexity of uses. The Comprehensive Plan recommends a minimum lot size of 8,500 square foot for the eastern half of the subject property, and the applicant is recommending a minimum of 20% at 8,500 square foot, 45% at 7,200 square feet, and 35% at 6,000 square feet. The proposed lot width is 70 feet for the 8,500 square foot lots, which is the same as the current Zoning Ordinance, but the applicant is recommending 65 feet for the 7,200 square foot and 50 feet for the 6,000 square feet lots. The front yard is currently 25 foot and the applicant is proposing a variety between 15 feet and 35 feet intending to bring the lots closer to the street with 50% of the larger lots could be 15 feet minimum and on the smaller lots 35% could be up to 15 feet. The front yards and street parkway landscape could flow together in that fashion. The rear yard currently is 30 feet and the proposed is a variety of 10% of lot depth, which would be as little as 10-feet for a 100-foot lot, which is lot depth. The side yard currently is 10 foot but the revisions to the proposed Zoning Ordinance recommend 7 feet or 10% of the lot width, and that is what the applicant is proposing with the same for corner lots. The dwelling size of 1,700 square foot is currently required for 8,500 square feet lots and the PD proposes 1,500 square foot lots for the smaller size lots. The residential exterior wall material required by the Zoning Ordinance is 100% brick or stone, and the applicant proposes 75% brick or cementations siding. The applicant also proposes the following changes in the Basic and Desirable Standard point system. Sidewalks are proposed on both sides of only double-loaded streets rather than the required both sides of all streets. The PD proposed painted crosswalks be allowed as well as the required decorative pavers, brick or stone. Masonry screen walls are required in the current Zoning Ordinance as the only alternative for those backing onto major thoroughfares, and the applicant is proposing a choice of either landscape buffer or masonry wall. The Village Center is defined as all the residences within a P & Z Commission October 16, 2001 Page 8 of 17 distance of 1,300 feet of the Retail Center, and the applicant is requesting the distance be 2,000 feet due to the trail connection by a linear park. The Zoning Ordinance currently requires that the same floor plan or elevation not be repeated within 7 lots on both sides of a street, and the applicant is recommending such a sequence for the same or both sides of the street. The applicant is proposing 8.45 acres or 1.8% of the total property to be multifamily residential, with up to as many as 250 dwellings but a maximum density of 18 units per acre and this exceeds the 15 units per acre density required in the Zoning Ordinance. The applicant proposes that façade materials be 75% brick or stone units or cementations siding, whereas 100% brick or stone is required. The height of the building is proposed to be 45-foot instead of 40-foot limit. In the Retail Center the requirements are the same as the existing zoning, however, the applicant is requesting that General Merchandise or Food Store greater than 5,000 square foot and the Motor Vehicle Fueling Station be allowed by right rather than require a specific use permit and Theater and Accessory Outside Sales be added as permitted uses. The height requirement is 36 feet, and the proposed height is 45 feet. The applicant is requesting that the requirement for alleys be waived and no alleys be required within the subdivision. However, the development requirements provide that when alleys are provided that certain conditions such as increased rear yards be met. The applicant is proposing that certain natural features of the site be maintained as part of the Desirable points. Preservation and restoration of wetland areas will be awarded at 10 points per acre. Preservation of historic and archeological sites, such as the cemetery, homesteads and Native American sites will be awarded 10 points per site. Trail linkages to destinations outside of the development will provide 20 points, and provision of interpretive and education elements along the trail system will be awarded 10 points. A Tree Preservation Management Plan must be approved by staff prior to the approval of any development plans for infrastructure within the PD. The goal would be to preserve at least 25% of the existing riparian tree cover, measured 8 inches caliper at a height of 4 1/2 feet above the ground. The applicant is also proposing a Homeowners Association that will be responsible for the ownership and maintenance of all non-dedicated common areas and open space improvements within the Planned Development District. P &Z Commission October 16, 2001 Page 9 of 17 Mr. Greg Rich, 5001 LBJ Freeway, Suite 830, Dallas, Texas, represented Siepiela Development Corporation and the Reality Development Trust as the purchaser and developers of the property. Mr. Rich stated that he appreciated the effort the staff of the City of Wylie has provided in the last approximate year. Mr. Rich reviewed the history of his company founded by a partner and himself some fifteen years ago, developing residential communities throughout the Metroplex, including Flower Mound, Coppell, Grapevine, Allen, Frisco, Plano, Austin and Dallas, and stating that the company has developed 40 or more communities in the last 15 years. He presented the Concept Plan and discussed significant reasons for the proposed layout as shown. There are several mobile home parks surrounding the properties, all of which are within unincorporated and largely unregulated Collin County. The intent is to create and provide a partnership between the City neighboring community and the developers. It is intended to be completed in phases over six to eight years so that all lots will not be brought on at one time and not create a service burden on the community at one time. Several significant limitations within the site include the substantial power line easement, gas line easement, converging creeks that flow into Lake Ray Hubbard. Siepiela has attempted to turn these problems into development assets such as greenbelts, lakes and public right-of-way. The floodplain and power line isolate the multifamily and the Village Center, and specific architectural design will minimize the effects of large high voltage transmittal lines and create buffers to allow transition to single-family residences. Commissioner Snider asked the reason for the small lot size. Mr. Rich stated the community needs to offer a wide range of housing, the average square footage is intended to be minimum required in the existing Zoning Ordinance. Specific concerns can be discussed. The intent is to offer public amenities, which are not just for residents of Bozeman Farms but also for the surrounding communities. The parks will be maintained by Homeowners Association, which will offer links to the public by the bike trails and walking trails. There would be a connection between the development and Lake Ray Hubbard. Commissioner Snider asked where the connection and public parking be located. Mr. Rich stated that the connection will be a bike and hiking trail, and as yet to be located. A TIF (Tax Increment Finance District) and State park improvement grants will be discussed with the City Manager and Staff, which will help to pay for such improvements. All the greenbelts will have parking for public access but specific locations will be addressed at a later time. Commissioner Wiseman expressed concern on the pre-funding, if the grant cannot be obtained later. Mr. Rich stated the specifics of funding sources and items are out of the scope of tonight's discussion, but some of the money could be reimbursed by the TIF. Thompson clarified the TIF; the State has allowed several ways for subdistricts and subcity special taxation. One way is by Public Improvement District, where the regular city taxes are increased by some account. For a P & Z Commission October 16, 2001 Page 10 of 17 TIF current tax rates of the appraisal is district continue but the revenue going to city wide improvements are frozen at the beginning of the project and as the project builds and increases tax revenue, the increment goes directly to the projects within that TIF District. The City still gets its tax base that existed at the start of the development and the increase of tax goes directly to the project and for a maximum of seven years. Mr. Rich stated that the request for single loaded streets was because the Zoning Ordinance requires an alley when the house back up to the greenbelt, providing no incentive for residents outside the development to use the open space or walking trails. The alley takes away the feeling of a hometown neighborhood. In a neighborhood with alleys, people do not tend to interact with neighbors, front yards are not kept clean with garages in the rear. People tend to interact with their neighbors, and yards are maintained when garages are located in front. The crime is potentially increased with an alley, and alleys result in a double maintenance from the City on traffic, paving and garbage collection. Commissioner Wiseman expressed concern for parking of cars and length of the driveway with no alleys. Mr. Rich stated that the slip streets along thoroughfares will connect to individual streets. The variable house setback meets all City requirements for off-street parking and a deeper drive is provided where parking is required. Commissioner Wiseman asked the date for breaking ground. Mr. Rich stated that the schedule for closing on the property would be December 10, 2001, and probably break ground in April. The Retail Center will be limited to 20,000 square feet and offer neighborhood service retail. On the Village Center concept there are about 6 acres dedicated to a Community Center. An example is a swimming pool center and typical community recreation facilities. The balance of the site is for floodway easement. Identifying pedestrian guidelines will be provided and addressed later. Mr. Rich presented a Power Point presentation showing some of the developments built by Siepeila. Commissioner George stated the development looks impressive and good for the City of Wylie, but the Commission is concerned with the density, the size of the houses and lot size. Mr. Rich stated that the PD is proposed to follow the SF-8.5 of the Zoning Ordinance, and proposes a gross density growth of less than three units per acre. Mr. Rich stated that the request does not propose across the board reductions. Porches, for example, the current ordinance requires 100% brick or stone, but the PD proposes 25% masonite and 75% will be brick or stone. The patio will require different sizes but then the front porch will be substantial. There could be some potential trade-offs in the proposals. Commissioner Snider wanted to know why the difference in the Building P & Z Commission October 16, 2001 Page 11 of 17 Entry Covers; the requirement is 40 square feet and the proposed is 30 square feet. Mr. Rich stated that there are issues in the scale of what would be considered in the Design Standards. Mr. Rich stated that Desirable Features called out in the Zoning Ordinance, specifically the pedestrian linkage to the Village Center treatment, Village residential street treatment, and separation of units with same floor plans enhance the point system. Commissioner George stated that these items have been taken from the Zoning Ordinance Desired Attributes and applied to the point system, and they have not been adjusted to any of the Desired Items. Mr. Rich stated that the points could be adjusted according to constraints of the property in general. Commissioner Ahrens asked what could draw someone who lives over by Birmingham Elementary to the proposed development. Mr. Rich stated that the development would have the additional features, improving floodplain, enhanced wetland preservation, hardwood forest preservation, providing preservation cemetery and park. Commissioner Snider questioned the impact of traffic along Troy Road, F.M. 544 and Stone Road. Thompson stated that a Traffic Management Plan will be required later, and that both Troy Road and Stone Road are on the Comprehensive Plan to be improved. The applicant will be responsible for the roadway improvements. Mr. Rich stated that there would be improvements to Troy Road, and Stone Road. Commissioner George requested clarification on the background of some of the subdivisions shown in the presentation. Mr. Rich stated the minimum lot size in Coppell was 9,000 square feet, River Springs was V2 acre and the house price $350,000 to $600,000. The subdivision in Forney has lot size ranging from 5,000 to 7,000 square feet and the cost range $100,000 to $170,000. Commissioner Porter asked what the price range for the development in Wylie. Mr. Rich stated the range could be mid-$130, 000 to $250,000. Commissioners expressed the desire that the proposed lot sizes in this PD be increased closer to the sizes Rick showed for other developments. Commissioners had concerns regarding the future approval of the PD. Thompson responded that the Concept Plan attach to this ordinance will control, and the applicant must come back with a Development Plan/Preliminary Plat which substantially conforms to the Concept Plan. Commissioner George suggested that this be carried over to a work session due to several concerns and issues that need to be addressed. Commissioner George opened the public hearing to comments. Leon Isabell, 106 Beaver Creek Road, opposes the development based on small 6,000 square foot lots. Commenting on alleys increasing the crime rate, he responded that there have been no crimes in that area over the past 20 years because it is not developed and that the new development would bring crime. Commissioner Snider stated that the P & Z Commission October 16, 2001 Page 12 of 17 comment concerned having alleys versus not having alleys, not versus having development and having development. Mr. Isabell stated that the proposed Zoning Ordinance was extremely well done and looks for the growth in the City of Wylie the way we want to see it go, but found it interesting how when applicant could ignore or change the new plan when it is not conductive to them such as reduced lot sizes, waiver of alleys, masonry wall requirements and other associated items. The height allowance of 45 feet and 2 story means someone could look over into his back yard and he finds that quite disturbing. Improving FM 544 will be a burden to the City. He appreciated the comments and pictures of the slide presentation of developments in other cities which show role models of what this development could be like, however this PD has no place for a golf course and a 3,000 square foot house can not fit on a 6,000 square foot lot. Mr. Isabel encouraged the Commission to stick to the wisdom reflected in the new Zoning Ordinance and not make a lot of variances. Commissioner George stated that F.M. 544 is not city road but a State responsibility, but the applicant would widen his half of Stone Road and Troy Road. Mr. Isabell had a question regarding strictly following the guidelines of the new Zoning Ordinance without a lot of variances. Commissioner Ahrens stated that strict compliance is always the first option, but a Planned Development is intended to allow wide variances and create its own code. Mr. Isabell asked if the City always annexed land when it is requested? Thompson stated that several years ago, the City of Wylie was very aggressive in annexation and that resulted in expansion to the northwest, but the State Law has changed and the City cannot be as aggressive on annexation so that now only requests by property owners are considered. Commissioner George stated that this is the type of development that we want to see in the City of Wylie, but obviously there are some issues and concerns. The Commission will need to negotiate the size of lots, height of buildings and other things that we obviously worked so hard and long on putting in the Zoning Ordinance, but not everything in the Zoning Ordinance is perfect and there obviously must be some sort of variances for land constraints and property owner choices and the PD is the best way of addressing these differences. Charlotte Waddell, 2235 Stone Road, opposed the zoning change for several reasons, including increased traffic on Stone Road and Troy Road even if they are widen by the applicant and no schools to serve the development. The East Fork Water District has a plan for growth of 6% a year and this development exceeds this plan, so water cannot be provided for drinking and fire protection of this new development. The high voltage and high gas lines and large areas of this is floodplains dictate that this land should not be developed in lots smaller than 2 or 3 acres each. This currently undeveloped land will be extremely densely populated and developed areas will compromise the lives and property of residents currently located in these areas. Commissioner Snider stated that this statement touched on one of factors that are generating this unusual plan;this property P & Z Commission October 16, 2001 Page 13 of 17 does have high voltage power and gas lines and floodplains, so it requires special consideration to develop but we cannot totally restrict the owners' right to develop it. Ms. Waddell responded that this is the most beautiful area in Wylie, as long it stays undeveloped, so why should that beauty be compromised with 6,000 square foot lots. Commissioner Snider stated that the applicant has the opportunity to do more than what is on the current concept and how to utilize open space and that development of the large lots is not economically feasible. She further asked how are the trails going all the way down to Lake Ray Hubbard. Mr. Rich responded that the flow/take line of Lake Ray Hubbard ownership touches the ownership of the proposed development, and that trails ending at the PD boundary can be extended into the lakeshore as planned. Commissioner George responded that this is a phased development and next year there will not be 1,300 homes on the area but that it would be more like 150 a year over the next several years. Diane Stone, 402 Foxhollow, opposed the zoning and stated that she would like the area left the way it is right now. Judy Ranly, 6 Mallard Pt., congratulated the Commission for updating the Zoning Ordinance, and encouraged the Commission to follow these new requirements or raise the quality but don't lessen the requirement as proposed by this development. The subject area is one of the nicest areas in the City of Wylie, and it should be kept that way. She said that she certainly like some of the concepts and the sensitively that this developer has illustrated toward the environment. But the developer's presentation didn't show any homes or quality of homes that he is proposing to build in the area. Shirley Starr, 2221 Sky Creek, Dallas, owns 2 mobile home parks in Hillside Bay, asked if the 1,500 square foot house size including the garages or just the house? Commissioner Ahrens stated that this includes both the garage and house size. She further asked if these would be 2-story houses or garden homes with 5 feet between houses? Ms. Starr questioned how the fire truck would get to the back of the property, if there were no alleys and the houses are close together? She asked will there be another school built in this area? She welcomes homes being built but objects to the small lots. When will the bike trails come in after the houses are built? Commissioner Snider stated that the bike trails generally come in as the development is coming in. Commissioner George stated that there are issues that will be further negotiated. Bethany Packer, 2175 Stone Road, expressed excitement about the growth of Wylie, but she is concerned about the proposed quality and the small homes. She is concerned for the trees, and asked how much would be lost. Mr. Rich responded that the PD requires an inventory of trees and a management plan to save as much as 25%. P &Z Commission October 16, 2001 Page 14 of 17 Patsy Lander, 1305 Elmview, owns 13 acres adjacent to this property. She asked where is a direct link to Lake Ray Hubbard? Another concern was the 1,500 square foot homes and said that Wylie should not consider this many homes of 1,500 to 1700 square feet. The slides did not show the size of home or the size of lot. She asked that the Commission consider the property owners around the development. East Fork Water District is in the bidding stage of bigger tanks and it will take years before a sufficient water supply is in place. Commissioner Snider stated the City Engineer is planning ahead for the growth and has or will be addressing such issues as water supply and wastewater treatment. Mrs. Lander stated that if the bike and hiking trails will be under a Homeowners Association, citizens living outside this development will not be allowed to access the trails. Mr. Rich responded that the Homeowners Association rules will ensure public access. George Becca, 105 Beaver Creek, said that he recognized that development will be coming. It is a beautiful, secluded area and he loves the thicket. Mr. Becca was curious to see if the developer lived in the places where he developed, and curious to see if the Commission lived in the neighborhood adjacent to the subject property. He asked what is the access to the Lake Ray Hubbard? Commissioner George stated that we want what is best for the City of Wylie and not just for citizens of Wylie or whether the citizens live outside the City. Commissioner Porter stated the citizens of Wylie voted on the Comprehensive Plan in 1999, and once it is adopted the Commission is limited to approving the type of development recommended by the Plan. Mr. Alvin Goats, 74 Hillside View Drive, Hillside Bay Addition, stating that the majority of citizens in the Hillside Bay Addition own multiple lots of property. The acreage is fairly large and there are several with doublewide mobile homes. Mr. Goats stated that he lives outside the city limits and they have no say to what backs up to their back door, which is in the City of Wylie. Thompson explained the notice included signs on the property, and the Comprehensive Plan includes the Wylie Extra Territorial Jurisdiction. The State provides the City ETJ and requires the City to plan for that area. Notification was sent to City of Dallas, Texas Department of Transportation, and Collin County. Commissioner Snider stated that the newspaper contains advertisement for the public notices. Mr. Goats expressed concern with the increase of traffic on Stone Road or Troy Road. Sherwyn Gooch, 121 Beaver Creek, asked where will the sewer lift station be located. Commissioner Snider pointed out the site at the south and low end of the property that is already under construction to serve this entire area. Joe Zimmerman, 24 Hillside View Drive, Hillside Bay Addition, expressed concerns regarding limited water, stating that East Fork Water cannot handle this size of development. Thompson stated that East Fork, which is a Municipal Utility District, is approved by the State in order to provide the water to the designated area, which includes the development. Wylie is covered by three water utility systems, one is the city and the P & Z Commission October 16, 2001 Page 15 of 17 other two are established by the State. East Fork cannot close their doors on growth and claim lack of funds or lack of utilities, they promised the State to serve water to this area. Mr. Zimmerman had a concern over the maintenance of the bike and hiking trails with the weeds or grass over growing. Commissioner Snider stated that would be a code enforcement issue for the City of Wylie. Mr. Rich stated that communities change and mature; lot sizes tend to change with the growth. He stated that style of housing is not a provision for Zoning, and assured that the square footage will range from 1,500 square feet to 3,000 square feet. There will be a wide range of houses and wide range of lot sizes and prices. East Fork will supply all the water in the development and is negotiating lease of property from the applicant. They are working on financial arrangements for expansion, modifications and upgrade their water lines, and they have to provide the water as needed by the development. Mr. Rich stated that the intent was for front-loading streets, which need no alleys in order to protect the natural character of the property as well as the linear parks and the trails being offered. He stated that all the lots would be at least 120 feet deep, with 25-foot front setback and the back yard will 40 to 55 feet deep. Many lots will be larger than these minimums to accommodate slopes and floodplains. Commissioner Snider asked if the schemes of development take into account that some of the lots back up to 1 to 2 acre home sites. Mr. Rich stated that the trees along Beaver Creek Road would not be lost on the applicant's side and these will serve as a buffer. He also concluded that lot size does not designate home value. Mr. Rich stated that a decision on the expansion and widening at Troy Road and Stone Road is under study by the City and County. The applicant will be reconstructing Troy Road as a major thoroughfare as recommended by the Comprehensive Plan and Thoroughfare Plan. Commissioner George stated that all concerns from the citizens couldn't be addressed in the zoning. Some of the comments will be addressed at a later time or when a Preliminary Plat time is reviewed showing the specific lot sizes. He informed the audience that these items will be addressed at a future work session. Thompson stated that a continuation of the public hearing will carry-over to the next Planning and Zoning Commission meeting on November 6, 2001. No additional notification will be made. Commissioner Wiseman stated that he would like to see where the trees and proposed clearing are located. He said that the PD lot size minimum of 6,000 square foot could allow a house of 3,000 square foot, with some variation. Mr. Rich stated that a two-story house could be a 3,000 square foot, with the first floor of 1,500 and about 1,000 or more on the second floor. He stated that some more specific detail of the lot sizes could be presented to the Commission as part of the PD. P & Z Commission October 16, 2001 Page 16 of 17 A motion was made by Commissioner Ahrens, seconded by Commissioner Chapman, to continue the Public Hearing until November 6, 2001, to allow the applicant to work with staff to address concerns raised tonight, especially the increase in the size of lots. Motion passed 7—0. The Commission took a break at 12:00 a.m. and reconvened at 12:10 a.m. ACTION ITEM 1. Consider a recommendation to the City Council regarding a Preliminary Plat for the Pheasant Creek Addition, being all of a certain 89.122 acre tract of land, situated in the N. Atterberry Survey, Abstract No. 1099 in Collin County, the N. Atterberry Survey, Abstract No. 6 in Rockwall County, and the L.B. Outlaw Survey, Abstract No. 173 in Rockwall County, Texas, and being part of a called 117.149 acre tract conveyed to Leo Wiman as recorded in Volume 3166, Page 632 of the Deed Records of Rockwall County, Texas. Thompson reminded the Commission that a Preliminary Plat is under consideration, and this is a land study rather than a formal final plat. A future final plat will clean up some of the items that are not shown on the Preliminary Plat. The property is currently zoned SF-3 allowing 7,200 square foot lots and will dedicate 6 acres parkland and floodplain as well as the additional rights-of-way widening of Vinson or County Line Road and additional widening of Troy Road. Alleys are required by the Subdivision Regulations and are provided throughout the addition except for the lots backing up to the parkland and floodplain. Screening is required where lots back up to major thoroughfares such as County Line Road, and an easement has been provided for the screening. Commissioner George requested clarification on the number of lots. Thompson stated that there are 292 lots. Dub Duphrate, Duphrate Associates Engineers, represented the development, and stated that dedication of the parkland and floodplain will be discussed with the Parks and Recreation Board next week. He is open to suggestion on the type of screening for the perimeters along the roadways. Commissioner Wiseman questioned public access and parking for the park, requesting that the cul-de-sac is open for parking. Mr. Duphrate stated that he is not sure how many acres of the 5.77 will be classified as floodplain with parkland. Commissioner Ahrens asked how the lots would be maintained along parkland or floodplain. Mr. Duphrate stated that more study will be needed to determine the exact location of the floodplain and required depth of lots, but an option would be shortening lots 43 through 66 and widening the park along the creek. P &Z Commission October 16, 2001 Page 17 of 17 Commissioner George asked about screening along the parkland behind the lots backing up to the floodplain. Mr. Duphrate agreed to require screening along the backside of lots abutting the floodplain with masonry columns and wrought iron, with solid fencing along side yards between the houses. The type of landscape screening along Vinson Road was discussed in length. Bill Wade, C & N Land, wanted to clarify the screening along the backside of the park. Commissioner Snider stated that the suggestion is not to have a long skinny park which is not accessible to the public because of wooden fences on the lot lines. Commissioner Ahrens expressed concern along the back of Troy Road, would this need to be masonry wall or landscaped screening. Mr. Wade stated the screening would be better with solid fencing and solid columns with 8-foot height. Motion was made by Commissioner Phillips, seconded by Commissioner Chapman, to approve the Preliminary Plat for the Pheasant Creek Addition with the stipulations that additional access be provided to the linear park and that lots adjacent to the park be required to have pierced fencing, and that landscape screening be allowed rather than a masonry wall along Vinson Road and a waiver of alleys adjacent to the park. Motion passed 6— 1, with Commissioner Wiseman voting against. ADJOURNMENT Motion was made by Commissioner Ahrens, seconded by Commissioner Porter, to adjourn. Motion passed 7-0, and the meeting was adjourned at 1:10 a.m. v6naca Michael George, Chairman M. V.c:radley, Secrets'