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.
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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Way has been withdrawn, and will not be considered tonight as earlier advertised.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.
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October 16, 2001
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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
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October 16, 2001
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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.
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October 16, 2001
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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
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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
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October 16, 2001
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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
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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.
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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
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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
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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
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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
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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'
