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06-18-2002 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting June 18, 2002 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 Don Hughes Mike Phillips Carter Porter Tony Snider CALL TO ORDER Chairman George called the Regular Meeting to order at 7:02 p.m. PLEDGE AND INVOCATION Commissioner George offered the Invocation and Commissioner Porter led the Pledge of Allegiance. CITIZEN PARTICIPATION No one appeared to speak. CONSENT AGENDA ITEM 1. Consider and act upon approval of the Minutes from the June 4, 2002 Regular Meeting. Motion was made by Commissioner Porter, seconded by Commissioner Chapman, to approve the minutes as submitted. Motion passed 7—0. P&Z Agenda June 18,2002 Page 2 of 10 ACTION AGENDA 1. Consider a recommendation to the City Council regarding a Final Plat for the Wooded Creek Estates, Phase I Addition, being all of a certain 20.171 acre tract of land generally located north of Lakeside Drive and the Lakeside Estates II Addition and east of Springwell Parkway and the Sage Creek V, VI, and VII Additions, being part of that tract of land described in a deed to Wooded Creek Estates, Ltd. as recorded in Volume 5090, Page 1590, Deed Records of Collin County, Texas, and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Thompson stated that this Final Plat will create 75 single-family residential lots on 20.171 acres. A future Phase 2 will create an additional 75 lots and provide open space for both phases of the addition. The Plat dedicates right-of-way for the completion of Lakefield Drive and also provides access to the land-locked properties to the north. The Planned Development District (PD 01-46), which established the zoning requirements for the Wooded Creek Estates Addition, provides for an overall average lot size of 8,500 square feet. No lot shall be less than 7,200 square feet, and there shall be no fewer than 97 lots having a minimum size greater than 8,500 square feet. Approximately 33 of the 75 proposed lots in the current Phase 1 are 8,500 square feet or larger. Commissioner George asked for clarification on the construction of the Shady Grove Road to the north of the property. Thompson responded that the street replaces an existing gravel access easement and the applicant will reconstruct a road to the north allowing permanent access and future development. Motion was made by Commissioner Porter, seconded by Commissioner Ahrens, to approve the Final Plat. Motion passed 7—0. Commissioner Porter recommended approving Action Item number 2 and 3 as one Consent Item, since they were both Final Plats previously reviewed. Motion failed for lack of a second. 2. Consider a recommendation to the City Council regarding a Final Plat for the Sage Creek Phase VII Addition, being all of a certain 29.3347 acre tract of land generally located east of Springwell Parkway and north of Sage Creek Phase VI and south of Phase IV, being part of that tract of land described in a deed to Ashton Custer, L.L.C., as recorded in County Clerk's File No. 98-0008878, Deed Records of Collin County, Texas and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Thompson stated the history of Sage Creek Addition, which was established by a Planned Development District (PD 99-9) in 1999 as a revision to the earlier Lakeside Estates Planned Development District (PD 98-5). Final Plats have been filed for several other phases of the Sage P&Z Agenda June 18,2002 Page 3of10 Creek development. This Final Plat will create 135 single-family residential lots of a minimum size of 7,200 square feet on 29.3347 acres of land. Open space requirements are being met in adjacent phases of this addition. Motion was made by Commissioner Phillips, seconded by Commissioner Chapman, to recommend approval of the Final Plat. Motion passed 7—0. 3. Consider a recommendation to the City Council regarding a Final Plat for the Bachon Townhomes Addition, being all of a certain 14.015 acre tract of land generally located south of Fleming Street, west of Cottonbelt Avenue and immediately west of Rustic Oaks, Section 1, Phase 4, being part of that tract of land described in a deed to Bachon Investments, L.P., as recorded in County Clerk's File No. 01-0129647, Deed Records of Collin County, Texas and being situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas. Thompson stated that this Final Plat will create a single lot of 14.015 acres in order to accommodate approximately 120 apartment dwellings (a density of approximately 8.5 units per acre), as well as provide parking and open space. A major drainage easement bisects the western half of this tract from north to south and additional easements have been added to address the needs for on-site detention and accommodate the development to the west. Commissioner Hughes asked that the type of drainage. Thompson stated that the drainage will be open drainage. Commissioner Ahrens suggested that staff recommend to City Council that all future drainage be enclosed underground. Motion was made by Commissioner Ahrens, seconded by Commissioner Phillips, to recommend approval of the Final Plat. Motion passed 7—0. Thompson stated that the sixteen remaining items are all similar with Site Plans and Final Plats and could be considered as a group or individually or any one or more pulled out for consideration. In November 2001 the Zoning Ordinance changed the zoning for these areas and the applicant at that time submitted Preliminary Plats in order to vest the right to keep the previous zoning. These items are mostly retail with different proposed uses for each, as well as one Multi-Family and one Assisted Living site. Preliminary Plats become invalid if no Final Plat is submitted within 180 days, and the applicant submitted Site Plans and Final Plats just before the expiration deadline in order to vest interest in the previous zoning use and development requirements. Thompson stated that the applicant understands that the Site Plan is a zoning instrument and that all future development must substantially conform to the Site Plan as approved, otherwise development must comply with the current zoning and a new Preliminary Plat and Final Plat must be submitted. P&Z Agenda June 18,2002 Page 4 of 10 Commissioner George asked for the definition of "substantially conforming to the Site Plan." Thompson stated that the use conforms to the Plan if the building footprint is the same size and same location. The lot dimensions and setbacks, as well as use, cannot be changed due to the vested right of the Plat. The Commissioners decided to review each Site Plan individually, and to consider the Final Plats together. 4. Consider and act upon approval of a Site Plan for Birmingham Farms Phase 5, located at the northeast corner of the intersection of Park Boulevard and Country Club Road (F.M. 1378), City of Wylie, Collin County, Texas. Thompson stated that the proposal is to develop five separate retail lots connected by access easements, totaling 5.259 acres. The proposed uses include three fast food restaurants with drive-thru windows along the frontage of Country Club Road (F.M. 1378), a convenience store with fuel station on the corner of Park Boulevard and Country Club Road, and one single story strip retail center on the Park Boulevard frontage. Matt Alexander, Carter Burgess, 7950 Elmbrook Drive, Dallas Texas, the engineer for the subject property, stated that the lots will have joint access to Park Boulevard and will comply with the new State regulations for access drives onto highways. The Commissioners discussed the screening of neighboring residential uses to the north and the location of trash receptacle on Lot 4 adjacent to the major street. Alexander stated that the trash receptacle will be relocated to the northeast corner of Lot 4, and that screening will be provided on the north, southeast, and northeast of the subject property where the property joins residential district. Motion was made by Commissioner Hughes, seconded by Commissioner Snider, to approve the Site Plan with the stipulation that the trash receptacle on Lot 4 be relocated to the northeast corner of the lot, and that screening be provided along the southeast and northeast property lines which adjoin residential uses. Motion passed 6— 1, with Commissioner Ahrens voting against. 5. Consider and act upon approval of a Site Plan for Birmingham Farms Phase 6, located at the southeast corner of the intersection of Park Boulevard and Country Club Road (F.M. 1378), City of Wylie, Collin County, Texas. Thompson stated that the proposal is to develop 3 separate lots for retail uses, connected by internal access easements, and totaling 14.235 acres. Proposed uses include one fast food restaurant with drive-thru window along the frontage of Country Club Road (F.M. 1378), a bank with drive-thru tellers along the frontage of Country Club Road and a grocery anchor in conjunction with single story strip retail. P&Z Agenda June 18,2002 Page 5 of 10 Commissioners questioned the location of the trash receptacle on Lot 2, adjacent to the major street. Matt Alexander stated that the trash receptacle on Lot 2 will be relocated to the opposite side of the property. Commissioners questioned the type of screening, whether a masonry wall or wood fence. John Wells, Birmingham Farms, 5300 Town & Country Boulevard, Frisco Texas, representing the applicant, stated that the screening will conform to the regulations but the type of material has not been approached. Thompson pointed out that the Site Plan calls for a "wall" which means masonry, rather than a"fence" which allows wood or woven wire. Motion was made by Commissioner Hughes, seconded by Commissioner Chapman, to approve the Site Plan as submitted with the stipulation that the trash receptacle on Lot 2 be moved to southeast corner of Lot 2. Motion passed 7—0. 6. Consider and act upon approval of a Site Plan for Birmingham Farms Phase 7, generally located north of Brown Street (F.M. 3412) and east of Country Club Road (F.M. 1378), City of Wylie, Collin County, Texas. Thompson stated that the proposal is to develop a single lot totaling 11.845 acres. Proposed use is for a mini storage unit consisting of enclosed buildings and open covered storage for boats and recreational vehicles. The Commissioners discussed with the applicant the type of screening. Thompson noted that only masonry wall, live plant hedge or earthen berm qualifies as required screening, whereas security fencing may be woven wire or wood. He also noted that although the neighboring properties are zoned residential, they are largely occupied by the lake and floodplain. No resolution was made regarding the type of screening, or security fencing, or the screening located around the on-site detention basin. John Wells stated that the type of screening would probably be a chain link fence with live landscape, but a decision of what type has not been reached. The Commissioners discussed with the applicant the type of building that will be on the southwest side of the property, as well as the location of all parking on the exterior of the complex rather then closer to buildings. As drawn, the front building could be converted to retail shops with the front parking. Parking should be located on the inside, closer to the rental units. No resolution was made regarding the definition of the building or definition of wall surrounding the storage units, but the applicant stated that at least some parking will be relocated to the inside of the facility. P&Z Agenda June 18,2002 Page 6 of 10 Motion was made by Commissioner Snider, seconded by Commissioner Ahrens, to deny the Site Plan until more definition regarding the screening, the type of building on the south side, and the definition of the wall surrounding the proposed storage buildings. Upon further discussion with the applicant, the motion was amended to table consideration until the next meeting in order to allow the applicants to address the concerns mentioned above and resubmit the Site Plan. Motion passed 6— 1, Commissioner George voting not to table discussion. 7. Consider and act upon approval of a Site Plan for Birmingham Farms Phase 8, located at the northwest corner of the intersection of Brown Street(F.M. 3412) and Sanden Boulevard, City of Wylie, Collin County, Texas. Thompson stated that the proposal is to develop a single lot for office uses totaling 5.47 acres. The 100-year flood plain encroaches onto the lot and will have to be mitigated with Corps of Engineers approval. Commissioners questioned the location and security of the detention basin at Brown. John Wells stated that the detention basin will be screened with a chain link fence, but that the basin had to be located at the southwest corner to serve as a means to meter off the water from the property. Motion was made by Commissioner Snider, seconded by Commissioner Phillips, to approve the Site Plan. Motion passed 7—0. Commissioner George adjourned the meeting for a break at 9:05 p.m. and reconvened at 9:20 p.m. 8. Consider and act upon approval of a Site Plan for Birmingham Farms Phase 9, located at the northeast corner of the intersection of Brown Street (F.M. 3412) and Sanden Boulevard, City of Wylie, Collin County, Texas. Thompson stated that the proposal is to develop four individual lots totaling 11.567 acres, to include a church site, one convenience store with fueling station and two fast food restaurants with drive-thru windows. Matt Alexander stated that there was an error on the Site Plan and the church should be a retail store. Thompson mentioned that churches require one parking space per four seats while retail parking requires one space for each 200 square feet of floor space. Commissioner Ahrens questioned the location of the detention basin on Sanden Boulevard. Alexander stated that the detention basin needs to be on the down stream side in order to meter water off of the property. P&Z Agenda June 18,2002 Page 7 of 10 Commissioners questioned the screening on the east side of the property adjacent to the apartments. Alexander stated that screening will be added on the east side of the property. Motion was made by Commissioner Chapman, seconded by Commissioner Phillips, to approve the Site Plan with stipulation screening on east side of property. Motion passed 7—0. 9. Consider and act upon approval of a Site Plan for Birmingham Farms Phase 10, generally located north of Brown Street (F.M. 3412) and east of Sanden Boulevard, City of Wylie, Collin County, Texas. Thompson stated that the proposal is to develop one lot of 13.551 acres for Multi-Family Residential uses. The tract to the east is the Birmingham Farms Phase 11, and proposed for an assisted living complex. A 150-feet wide TP&L easement and a 100-feet wide drainage easement occupy nearly one-half of the available frontage along Brown Street, limiting access to the property. There was discussion of the screening for the detention basin. The Commissioners recommended wood screening with a security lock. Commissioner Hughes asked if the management would live on the premises in the clubhouse/office space. Wells stated that the clubhouse/office will be office use only. Thompson stated that the code allows a manager to live in a unit and/or a unit to be used for the office. There was much discussion of the density and parking, with Wells and Marc Footlik stating that they understood the complex was to provide 195 dwelling units rather than the 144 shown. Thompson noted that it appears obvious that the fewer dwellings is required because parking cannot be provided for more due to the undevelopable land dedicated to easements. He stated that the old parking requirement of 2.5 spaces per dwelling must be met. Wells and Footlik requested that the Site Plan be tabled due to the lack of information regarding the number of dwelling units, whether the building would be a two-story or a three-story building. Motion was made by Commissioner Snider, seconded by Commissioner to table consideration of the Site Plan until the next meeting. Motion passed 7—0. 10. Consider a recommendation to the City Council regarding a Final Plat for the Birmingham Farms Phase 10 Addition, being all of a certain 13.551 acre tract of land north of Brown Street (F.M. 3412) and east of Sanden Boulevard, being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in County Clerk's File No. 94-0029675, Deed Records of Collin County, Texas and situated in the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas. P&Z Agenda June 18,2002 Page 8 of 10 Chairman George requested consideration of this Final Plat for the Phase 10 apartments for which the Site Plan had just been considered. Thompson stated that the Final Plat will create a single lot totaling 13.551 acres for Multi-Family Residential uses. The Plat dedicates additional right-of-way for the future widening of West Brown Street. It was noted that the easements on the Plat are not likely to change even if the Site Plan is significantly revised. Motion was made by Commissioner Snider, seconded by Commissioner Chapman, to recommend approval of the Final Plat. Motion passed 7—0. 11. Consider and act upon approval of a Site Plan for Birmingham Farms Phase 11, located at the northeast corner of the intersection of Brown Street (F.M. 3412) and Westgate Way, City of Wylie, Collin County, Texas. Thompson stated that the proposal is to develop one lot for an Assisted Living complex on a 18.393 acre site. A 150-feet wide TP&L easement and the 100-year floodplain occupy approximately thirty percent of the total acreage on this tract. A single access/egress is proposed from Westgate Way, with no devices along Brown. There was discussion between Commissioners and applicants regarding the sanitary sewer easements and water easements. Matt Alexander stated that the sanitary sewer lines will be private and maintained on-site and will not require enclosures within public utility easements. Alexander stated that the proposed dwelling units will be one story four-plexes, totally approximately 124 units. Motion was made by Commissioner Phillips, seconded by Commissioner Hughes, to approve the Site Plan. Motion passed 7—0. 12. Consider and act upon approval of a Site Plan for Birmingham Farms Phase 12, located at the northwest corner of the intersection of Brown Street (F.M. 3412) and Westgate Way, City of Wylie, Collin County, Texas. Thompson stated that the proposal is to develop one lot for office uses on 3.126 acres. The property has been zoned for Retail (R) uses since 1985, and offices are an allowed use within the old Retail District. Commissioners discussed with the applicant the detention basin screening. The recommendation from the Commissioners is to extend the perimeter screening around the drainage area with wrought iron fence, and recommended no screen wall between the building and school. Motion was made by Commissioners Hughes, seconded by Commissioner Snider, to approve the Site Plan with stipulation that there will be a four feet high decorative wrought iron fence on the east, west and south side of the detention basin. Motion passed 6 — 1, with Commissioner Ahrens voting against. P&Z Agenda June 18,2002 Page 9 of 10 Commissioner George read the following notices for Final Plats for Birmingham Farms Phases 5, 6, 7, 8, 9, 11 and 12, for collective consideration as one consent item. Consider a recommendation to the City Council regarding a Final Plat for the Birmingham Farms Phase 5 Addition, being all of a certain 5.259 acre tract of land east of Country Club Road (F.M. 1378) and north of Park Boulevard, being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in County Clerk's File No. 94-0029675, Deed Records of Collin County, Texas and situated in the C. McUlmurry Survey, Abstract No. 629, and the C. Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. Consider a recommendation to the City Council regarding a Final Plat for the Birmingham Farms Phase 6 Addition, being all of a certain 14.235 acre tract of land east of Country Club Road (F.M. 1378) and south of Park Boulevard, being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in County Clerk's File No. 94-0029675, Deed Records of Collin County, Texas and situated in the C. Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. Consider a recommendation to the City Council regarding a Final Plat for the Birmingham Farms Phase 7 Addition, being all of a certain 11.845 acre tract of land north of Brown Street (F.M. 3412) and east of Country Club Road (F.M. 1378), being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in County Clerk's File No. 94- 0029675, Deed Records of Collin County, Texas and situated in the C. Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. Consider a recommendation to the City Council regarding a Final Plat for the Birmingham Farms Phase 8 Addition, being all of a certain 5.458 acre tract of land north of Brown Street (F.M. 3412) and west of Sanden Boulevard, being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in County Clerk's File No. 94-0029675, Deed Records of Collin County, Texas and situated in the C. Atterbury Survey, Abstract No. 22 and the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas. Consider a recommendation to the City Council regarding a Final Plat for the Birmingham Farms Phase 9 Addition, being all of a certain 11.567 acre tract of land north of Brown Street (F.M. 3412) and east of Sanden Boulevard, being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in County Clerk's File No. 94-0029675, Deed Records of Collin County, Texas and situated in the C. Atterbury Survey, Abstract No. 22, and the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas. P&Z Agenda June 18,2002 Page 10 of 10 Consider a recommendation to the City Council regarding a Final Plat for the Birmingham Farms Phase 11 Addition, being all of a certain 18.393 acre tract of land north of Brown Street (F.M. 3412) and west of Westgate Way, being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in County Clerk's File No. 94-0029675, Deed Records of Collin County, Texas and situated in the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas. Consider a recommendation to the City Council regarding a Final Plat for the Birmingham Farms Phase 12 Addition, being all of a certain 3.126 acre tract of land north of Brown Street (F.M. 3412) and east of Westgate Way, being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in County Clerk's File No. 94-0029675, Deed Records of Collin County, Texas and situated in the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas. Motion was made by Commissioner Porter, seconded by Commissioner Ahrens, to recommend approval for the Final Plats of Birmingham Farms Phases 5, 6, 7, 8, 9, 11, and 12. Motion passed 7-0. MISCELLANEOUS Commissioners acknowledged Steve Ahrens last meeting and expressed gratitude for his service. A new commissioner will replace Mr. Ahrens at the July 2, 2002 meeting. ADJOURNMENT Motion to adjourn by Commissioner Ahrens, seconded by Commissioner Phillips. Motion passed 7—0, and meeting was adjourned at 10:20 p.m.. Lei241j6k. Michael George, Chairman M Bradley, Secret