11-20-2001 (Planning & Zoning) Minutes MINUTES
PLANNING AND ZONING COMMISSION
WYLIE MUNICIPAL COMPLEX
2000 Highway 78 North, Wylie, Texas 75098
Regular Business Meeting
November 20, 2001
7:00 pm
Notice was posted in the time and manner required by law and quorum was present.
Commission Members Present: Staff Members Present:
Steve Ahrens Claude Thompson, Director
William Chapman Mary V. Bradley, Secretary
Michael George Terry Capehart, Planner
Mike Phillips
Carter Porter
Tony Snider
Commission Member Absent:
Gary Wiseman
CALL TO ORDER
Chairman George called the Regular Meeting to order at 7:03 p.m.
PLEDGE AND INVOCATION
Chairman George offered the Invocation and Commissioner Porter led the Pledge of
Allegiance.
CITIZEN PARTICIPATION
No one appeared to speak.
CONSENT AGENDA ITEM
1. Consider and act upon approval of the Minutes from the November 6, 2001
Regular Meeting.
Motion was made by Commissioner Phillips, seconded by Commissioner Snider, to
approve the minutes as submitted. Motion passed 6—0.
P&Z Commission Meeting
November 6, 2001
Page 2 of 8
PUBLIC HEARING AGENDA
1. Hold a public hearing and consider a recommendation to the City Council regarding a
change in zoning from Multi-Family Residential (MF) to Planned Development (PD)
District, for the existing Lakeside Village Apartments, a 2.29 acre tract of land at 301
West Kirby Street, being Lot 13, Block 6, of the Holiday Terrace Addition, and being
situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin
County, Texas. (Zoning Case No. 01-15)
Thompson stated that the proposal will create a Planned Development District with the
express intent of establishing the right to reconstruct the current apartment complex to its
existing character and density should it be destroyed.
Thompson reviewed the history of the Lakeside Village Apartments, stating that since the
initial construction, the development requirements for multi-family residential within the
Zoning Ordinance have been significantly revised. These changing regulations have
made the physical construction of the Lakeside Village complex legally nonconforming
to current requirements. The stated purpose of a PD District is to provide for unique site-
specific development regulations and to permit flexibility and innovation in use and
design. The requested PD is the only method available to provide assurance that the
existing noncomplying development can be replicated as currently built.
Thompson stated that the recent improvements to West Kirby Street required the City and
State to purchase a portion of the front yard of the Lakeside Village complex for
additional street right-of-way, making the front yard of the complex 18 feet rather than
the 30 feet required by the current code. Both the City and owner wished to correct the
nonconformity caused by this reduction of the front yard and the issue was submitted to
the Zoning Board of Adjustment, which subsequently approved the reduced front yard.
Thompson stated that the classification of"legally nonconforming" is intended to protect
the development and allow it to remain, be maintained and even expanded to some
degree. However, the intent is not to encourage the long-term survival or replication of
uses or structures which no longer conform to the changes in public development
philosophy.
Thompson reviewed the comparison of existing conditions, proposed PD requirements
and current MF District. The major condition of the nonconforming issue is the Density,
the existing is 34 dwelling units per acre and the current maximum is 15 dwelling units
per acre. The parking currently is 1.5 spaces per dwelling unit and the requirement is 2.5
spaces per dwelling unit.
The Comprehensive Plan recommends Village Center Residential use for this property,
which includes apartments and other higher-density designs. The Zoning Map restricts
the Multi-Family District to the existing property alone and there are no opportunities for
future expansion.
P&Z Commission Meeting
November 6, 2001
Page 3 of 8
Except for the front yard, which was reduced for the public widening of West Kirby
Street, the code nonconformities of the development are the result of a natural transition
of regulations reflecting changing public design philosophies. Staff has recommended
denial, primarily because the perpetual potential for a density of 34 dwelling units per
acre is an inappropriate variance from Wylie's long-held philosophy of limiting multi-
family residential density to 15 dwellings per acre.
Commissioner George asked if the property was nonconforming in 1985 when the
Zoning Ordinance was adopted. Thompson stated that at that time the property was
classified as "legally nonconforming," because it was constructed in 1981 in compliance
with the code then in effect which had been adopted in 1962.
Rosemary Domecki, 3831 Turtle Creek Blvd, #10G, Dallas, Texas, has owned the
property since 1992. Ms. Domecki stated that the property was improved and the
management has improved. There are several seniors living in the apartments. The
problem which has arisen, due to the acquisition of the property for the widening of the
road, is that lenders have put an enormous amount of pressure when the mortgage term is
up it will be very difficult to get financing and insurance.
Commissioner George asked when the property was purchased in 1992, did the lender not
realize that the property was nonconforming. Ms. Domecki stated that in 1992, the
lender was different and the property was recently refinanced through the current lender.
The mortgage will expire in 2005.
Joe Helmberger, 315 Houston, Farmersville, Texas, the engineer representing the
applicant for the property, stated that the site plan shows existing conditions. Mr.
Helmberger stated that the survey assumed that Birmingham was the front yard and that
is incorrect, and Kirby Street should be the frontage.
Commissioner George asked if the Commission approved the PD, would all the
conditions to the PD have to be approved. Thompson stated that any of the conditions
are negotiable with the agreement of the applicant, restating that the PD reflects existing
conditions because the application was intended to make the property conform as is
rather than be required to meet all the current requirements in the Zoning Ordinance.
Commissioner George stated that the issue was, as it sits the construction is
nonconforming, and the biggest worry would be securing financing and insurance. If this
is passed as a PD then it becomes conforming as built and conditions of the PD are no
longer negotiable. Thompson stated that the Commission has in the past approved
actions that are expressly requested in order to secure the applicant's existing right
against the evolution of the code. Thompson stated further that the proposed PD is not a
normal case.
P&Z Commission Meeting
November 6, 2001
Page 4 of 8
Motion was made by Commissioner Snider, seconded by Commissioner Ahrens, to
recommend denial on the change in zoning as per the recommendation from Staff.
Motion passed 6—0.
ACTION AGENDA
1. Consider and act upon approval of a Site Plan for the George—Uhry Facility, located
at 1312 Century Way, being all of a certain 0.543 acre tract of land, being the
proposed Lot 7B, Block A, of the Century Business Park, a replat of Highway 78
Business Park 1st Revision, and situated in the Duke Strickland Survey, Abstract No.
841, City of Wylie, Collin County, Texas.
Thompson pointed out one change on the agenda report, the property was replatted and
filed last week as Lot 7B, Block A of the Century Business Park. Thompson stated that
the Site Plan proposal is to construct an 8,700 square feet structure, including 1,514
square feet of offices and 7,186 square feet for warehouse uses.
Thompson stated that on November 13, 2001, the City Council adopted the revised
Zoning Ordinance and Official Zoning Map, rezoning the subject property to the new
Business Center (BC) District from the previous Industrial (I) District. The proposed
office/warehouse use is permitted in both the previous Industrial and the new Business
Center zoning districts, although the development requirements of the new Business
Center differ greatly from those of the earlier Industrial district. There will be some
`legally nonconforming' issues for the new BC District. The front yard for Industrial is
20 feet and BC is 50 foot, the side yard is 25 foot for the BC and none is required for I
but 5 feet is provided on the south and 13 feet on the north. The exterior wall material on
I is masonry on front façade only and BC requires all exterior walls, 100%, limited to
brick or stone.
Joe Helmberger, 315 Houston, Farmersville Texas, the engineer representing the
applicant for the proposed property, stated that the retaining wall on the west side of the
property will be no higher than 4 feet. The Commission had some additional questions
for the applicant who was absent, regarding several issues.
Motion was made by Commissioner Snider, seconded by Commissioner Ahrens, to table
the consideration of the Site Plan until the December 4, 2001 meeting at which time the
applicant will be present. Motion passed 6—0.
Thompson stated that since the next nine Plats are under the same ownership, all of the
Plats can be reviewed as one in a Consent format, or any Plat can be pulled out
individually for consideration.
P&Z Commission Meeting
November 6, 2001
Page 5 of 8
Motion was made by Commissioner Ahrens, seconded by Commissioner Porter, to
consider all the Preliminary Plats as one consent entity, with the exception of item 12
which will be considered separately. Motion passed 5 — 1, with Commissioner Phillips
voting against.
Chairman George read the legal notices of all nine Plats into the record.
2. Consider a recommendation to the City Council regarding a Preliminary Plat for the
Birmingham Farms Phase 4A Addition, being all of a certain 5.91 acre tract of land
east of Country Club Road (F.M. 1378) and north of Talladega Drive, situated in the
J. McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas.
Consider a recommendation to the City Council regarding a Preliminary Plat for the
Birmingham Farms Phase 4B Addition, being all of a certain 8.03 acre tract of land
east of Country Club Road (F.M. 1378) and south of Talladega Drive, situated in the
J. McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas.
Consider a recommendation to the City Council regarding a Preliminary Plat for the
Birmingham Farms Phase 5 Addition, being all of a certain 5.25 acre tract of land east
of Country Club Road (F.M. 1378) and north of Park Boulevard, situated in the J.
McUlmurry Survey, Abstract No. 629, and the C. Atteberry Survey, Abstract No. 22,
City of Wylie, Collin County, Texas.
Consider a recommendation to the City Council regarding a Preliminary Plat for the
Birmingham Farms Phase 6 Addition, being all of a certain 14.31 acre tract of land
east of Country Club Road (F.M. 1378) and south of Park Boulevard, situated in the
C. Atteberry Survey, Abstract No. 22, City of Wylie, Collin County, Texas.
Consider a recommendation to the City Council regarding a Preliminary Plat for the
Birmingham Farms Phase 7 Addition, being all of a certain 11.85 acre tract of land
north of Brown Street (F.M. 3412) and east of Country Club Road (F.M. 1378),
situated in the C. Atteberry Survey, Abstract No. 22, City of Wylie, Collin County,
Texas.
Consider a recommendation to the City Council regarding a Preliminary Plat for the
Birmingham Farms Phase 8 Addition, being all of a certain 5.47 acre tract of land
north of Brown Street (F.M. 3412) and west of Sanden Boulevard, situated in the C.
Atteberry Survey, Abstract No. 22, City of Wylie, Collin County, Texas.
Consider a recommendation to the City Council regarding a Preliminary Plat for the
Birmingham Farms Phase 9 Addition, being all of a certain 11.5 acre tract of land
north of Brown Street (F.M. 3412) and east of Sanden Boulevard, situated in the C.
Atteberry Survey, Abstract No. 22, and the D. Williams Survey, Abstract No. 1021,
City of Wylie, Collin County, Texas.
P&Z Commission Meeting
November 6, 2001
Page 6 of 8
Consider a recommendation to the City Council regarding a Preliminary Plat for the
Birmingham Farms Phase 10 Addition, being all of a certain 13.10 acre tract of land
north of Brown Street (F.M. 3412) and east of Sanden Boulevard, situated in the D.
Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas.
Consider a recommendation to the City Council regarding a Preliminary Plat for the
Birmingham Farms Phase 11 Addition, being all of a certain 18.4 acre tract of land
north of Brown Street (F.M. 3412) and west of Westgate Way, situated in the D.
Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas.
Consider a recommendation to the City Council regarding a Preliminary Plat for the
Birmingham Farms Phase 12 Addition, being all of a certain 3.1 acre tract of land
north of Brown Street (F.M. 3412) and east of Westgate Way, situated in the D.
Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas.
Thompson stated that the area covered by these Plats was pulled out at the November 13,
2001, City Council meeting on the adoption of the Zoning Ordinance and considered
separately at the written request of the owner. Thompson further stated that the intent of
the legal approving the Preliminary Plats is to vest development rights. The State Code
states the regulatory entity shall consider the approval of the Plat solely on the basis of
any property-adopted requirements in effect at the time the original application is filed.
The applicant did submit the applications before the change in the Zoning Map and
Ordinance on November 13, 2001.
Thompson stated most of the Plats create retail or commercial sites, one of them are
Multi-Family Residential uses. A Site Plan and Final Plat is required by the applicant
within 180 days for the approved Preliminary Plats to remain valid. Thompson reviewed
typographic errors of the agenda reports. For the Phases 4A, 4B, 7, 8, 9 and 11 the typo
error was on the second page, item number 3. On Phases 5, 6 and 10 there are two typo's
second paragraph of page 1, then on page 2, the same change on item number 3. These
will be corrected before the Plats are considered by City Council.
Commissioner George requested clarification on the timeline for the Plats and the
adoption of the new Zoning Ordinance and Map on November 13, 2001. Thompson
stated that prior to November 13, 2001, the Plats were submitted and accepted for review
thus vesting the right to develop the property in accordance with requirements of the
Zoning Ordinance and Map then in force.
The Commission took a five-minute adjournment at 8:25 p.m. and reconvened at 8:30
p.m.
P&Z Commission Meeting
November 6, 2001
Page 7 of 8
Thompson stated that the Commission's consideration must be based solely on
regulations in effect at the time the original applications are filed. The exceptions to this
rule are municipal zoning that does not change lot size, lot dimensions, lot coverage, and
building size, or Uniform Building Codes that cover the interior. The conclusion is that
the new codes can be applied which do not affect the lot size and dimensions or building
size, generally considered to effect"yield."
Motion was made by Commissioner Ahrens, seconded by Commissioner Chapman, to
approve agenda items 2 through 11 for Preliminary Plats and correction to wording on
each Plat prior to City Council. Motion passed 5 — 1 with Commissioner George voting
against.
3. Consider a recommendation to the City Council regarding a Preliminary Plat for the
Peerless Manufacturing Company Plant No. 1 Addition, being all of a certain 34.1059
acre tract of land west of North Ballard Avenue (F.M. 2514) and north of the Union
Pacific Railroad, situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie,
Collin County, Texas.
Thompson stated that Preliminary Plat will be for industrial use, which was the zoning
prior to November 13, 2001. However this case was pulled out at the request of the
owner, and specifically changed to SF8.5 residential. This will create a single lot of
34.1059 acres for Industrial uses. The attorney for Peerless Manufacturing asked the
Council on November 13, 2001, to rezone the subject property to Single-Family
Residential but not SF/8.5 due to the desire for high density and higher yield. Thompson
stated that the subject property abuts residential developments to the west and south,
including an existing western access/egress through the residential neighborhood, but has
limited frontage along North Ballard Avenue for potential access/egress.
Fred Deal, 12750 Merit #1310, Dallas, Texas, represented the applicant stating that the
railway access was required due to the supplies coming by rail. Mr. Deal stated that
Peerless bought the property in 1960, and it is difficult to be a good neighbor to the
residential area. This is a very challenged property and Peerless would like to move and
develop the property for residential uses. Commissioner Snider voiced opposition of
zoning industrial with the intention of having zoning residential in the very near future.
Motion was made by Commissioner Ahrens, seconded by Commissioner Phillips, to
approve the Preliminary Plat as submitted. Motion passed 4 — 2, with Commissioners
George and Snider voting against.
P&Z Commission Meeting
November 6, 2001
Page 9 of 9
ADJOURNMENT
Motion made by Commissioner Ahrens, seconded by Commissioner Chapman to adjourn
at 10:45 p.m. Motion passed 7—0.
Michael George, Chairman M V. adley, Secretary
