11-20-1995 (Planning & Zoning) Agenda Packet AGENDA
PLANNING AND ZONING COMMISSION
WYLIE MUNICIPAL COMPLEX
November 20, 1995
6:30 pm
CALL TO ORDER
ACTION ITEM
1. Consider approval of the Minutes from the October 16, 1995 Regular
Business Meeting.
2. Consider approval of a site plan for Kirby Plaza, located north of Kirby
Road and south of Hwy. 78, also being south of McDonalds and
Kentucky Fried Chicken and further described as Lots 2C and 2D of
the Moussa-Switzer Addition.
CITIZEN PARTICIPATION
ADJOURNMENT
Posted Friday, November 17, 1995 at 5:00 p.m.
THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL
ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY
SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170.
Planning & Zoning Commission
#1 Action Item Re: Approval of Minutes from the October 16, 1995 Meeting
November 20, 1995
Consider approval of the Minutes of the October 16, 1995 Regular Business Meeting.
Note any changes or additions which need to be made.
MINUTES
The Planning and Zoning Commission met in a regular Business Meeting on October 16, 1995, at
6:30 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North,
Wylie, Texas 75098. A quorum was present and a notice was posted in the time and manner required
by law.
COMMISSION MEMBERS PRESENT: Chairman, Bart Peddicord; Cecilia Wood, John Crowe,
Steve Ahrens, Tim Owen and Stuart Allison.
ABSENT: Rich Eckman - excused.
STAFF MEMBERS PRESENT: City Manager - Mike Collins, Mindy Manson - Asst. to City
Manager,Director of Community Development -Mike Phillips, Technical Coordinator- Lisa Price,
and Secretary- Rebecca Rogers.
ACTION ITEMS
ITEM NO. l: Consider approval of the Minutes from September 18, 1995 Regular Business
Meeting. A motion was made by Cecilia Wood and seconded by Steve Ahrens. Motion carried, all
in favor (6 votes).
ITEM NO. 2: Reopen and Hold Public Hearing to consider a recommendation to the City Council
a request from Wylie Bilco, Inc. for a zone change from a multi-zoned tract of land consisting of"SF-
1", "SF-2", "SF-3", "SF-A", "2-F", "MF", "B-1", "B-2", "P", and "R" to "PD" (Planned Development,
including but not limited to uses similar to those found in the City of Wylie's Comprehensive Zoning
Ordinance for residential and non-residential use with the exception of minimum lot sizes of 5,000
square feet, multi-family, commercial and retail uses) for a 630 acre tract of land to be platted as
Birmingham Park, generally located east of FM 1378 and north of FM 3412 (Brown Street).
Mike Phillips, Director of Community Development stated that he had received a phone call and a
faxed letter from Skip Hynek, Vice President of Wylie Bilco, Inc. The letter stated that Birmingham
Land,Ltd./Wylie Bilco, Inc. was requesting for the zoning change request be tabled for thirty days
so that they may evaluate various options regarding the project. They also requested that
Birmingham Land, Ltd./Wylie Bilco, Inc. be provided with a list of citizens names and numbers who
would like to be contacted by them so they can discuss the request with the citizens. Staff
recommendation is against tabling this request and also recommends that Planning and Zoning
Commission vote against recommending the requested zoning change to City Council. Chairman
Peddicord stated that no one was present to represent Wylie Bilco, Inc opened the Public Hearing.
Craig Swam of 511 Jefferson Street, Alec Morris of 117 Carriage House Way, Joe Aurelio of 409
Grant Drive,Brent Volker of 1511 Anchor Drive, Chris Cooney of 711 Andersonville Lane, Wendy
Stewart of 1716 Lincoln Drive, Chris Church of 1401 Anchor Drive all came forward to voice their
1
opposition to the current request from Wylie Bilco, Inc. Density, decreased property values,
burdens placed upon the city services and school system, and seeming lack of seriousness on the
developers part were reasons for the opposition. There no other speakers and the Public Hearing was
closed. John Crowe commented that Wylie Bilco, Inc. has had six weeks in which to make any
changes to this zoning request and has failed to do so. Mr. Crowe also felt that it was inappropriate
for Wylie Bilco, Inc. to request a list of citizens names and phone numbers. He felt that this was
requested so Wylie Bilco, Inc. could contact the citizens and make false promises that no one could
legally hold them to and make it appear that there was not as much interest in this project as there is.
Chairman Peddicord that Wylie Bilco, Inc. was only asking for a list of citizens that wished to be
contacted by Wylie Bilco, Inc., not everyone as the Public Hearing. Also Mr. Crowe stated that is
was his understanding that Wylie Bilco, Inc. was requesting that we add three new zoning
classifications to our current classifications to meet what they are requesting. Mr. Crowe asked
Mike Phillips if Wylie Bilco, Inc. made concessions (or changes) in their current request, would they
have to resubmit the request due to the nature of the changes. Mr. Phillips stated that this was
correct,that if the zone change was turned down, Wylie Bilco, Inc. would have to resubmit and the
process would begin all over again. John Crowe stated that in that case, there was no sense in tabling
this request, he would be inclined to deny it. Cecilia Wood questioned how are we going to know
that the guidelines are with conservation dam requirements. Mr. Phillips replied that The Hogan
Corporation, our engineering consultants, are our flood plain administrator. Any subdivision plans,
any developmental plans that are turned into the City pertaining to development around that lake will
be checked by The Hogan Corporation as part of the basic plan review process. If there are any
problems that crop up pertaining to the flood plain or the lake, dam or any development out there in
the flood plain, it will be caught by The Hogan Corporation in the preliminary plan review before the
Planning and Zoning Commission ever sees the plans. Steve Ahrens commented that the existing
zoning on that parcel of land is not good to begin with and that maybe something could be done to
change it. Chairman Peddicord stated that because there is already existing zoning, the developers
could come in and develop the land as it currently zoned. Mike Phillips concurred that this
information was correct. Motion was made by Stuart Allison to make a recommendation to City
Council to deny a request from Wylie Bilco,Inc. for a zone change as noted above, seconded by Tim
Owen. Motion carried. all in favor (6 votes).
CITIZEN PARTICIPATION: Julie Smaeder of 1308 Anchor Drive questioned on how to change
the existing zoning and if public participation is permitted in that decision making, Matthew Boucheck
of 402 Grant Drive stated that the development of the lake area would require a great deal of up front
capital and that cost studies would need to be done so the citizens would know what type of
expenditures would be needed to develop the park area along with the new area being annexed along
FM 544 to tie in together. Mr. Boucheck also questioned if Wylie Bilco, Inc. had requested that this
meeting to be tabled. Alec Morris of 117 Carriage House Way questioned if it was customary for
City Council to accept the Planning and Zoning Commission's recommendation and does City
Council have to follow it,will it be tabled at the City Council. Mike Phillips stated that to change the
existing zoning on any piece of property would have to follow the regular protocol of any request
with notices for a Public Hearing (requiring a minimum of 3 weeks for newspaper publication) and
2
any public participation would be appreciated. The request to table the meeting had been made by
Wylie Bilco, Inc. and was turned down by the Planning and Zoning Commission. Mr. Phillips also
stated that City Council would be informed of the Planning and Zoning Commission's decision
through a report of the meeting Minutes. The proponents of the zone change will have thirty days
to appeal the P&Z Commission's decision. The City Council does not have to accept the
Commission's decision,but in the past they have. John Crowe questioned if Wylie Bilco, Inc. decided
to go ahead and start development as the property is currently zoned, would they still need to get
a plat plan. Mr. Phillips answered that they would have to follow the process which requires
preliminary plat, final plat, etc.
ADJOURN: A motion was made to adjourn by John Crowe, seconded by Steve Ahrens. Motion
carried, all in favor (6 votes). Chairman Peddicord adjourned the meeting.
Respectfully submitted,
�i✓ A2c
Rogers, ry Bart Peddicord, Chairman Rebecca Se eta rY
3
Planning & Zoning Commission
#2 Action Item Re: Approval of Site Plan for Kirby Plaza
November 20, 1995
A Replat for the Moussa-Switzer Addition was submitted to the City. On this Replat
the original Lot 2B-R is being divided into lots 2C and 2D. The way that Lot 2D is now
situated on the plat, our zoning ordinance requires a 20' rear setback with a dedicated
alley or private drive to be provided. This lot is owned by Michael Belt and he intends
to build a Video Hits store on this site. However, the overall Site Plan for the entire
property shows this to be a strip shopping center. Mr. Belt intends in the future to
expand his building to his rear property line. Herein lies the difficulty. He does not
want to construct a driveway at the rear of his property which will eventually have to be
eliminated.
This Site Plan is being submitted for approval to the Planning and Zoning Commission
to allow a complete understanding of the total project and to have the rear driveway
requirement waived on Lot 2D. The 20' rear setback will still be required on the Replat
and when Mr. Belt is ready for the expansion of his building, he will have to go before
the Zoning Board of Adjustments for a variance to that setback requirement.
Page 1 of 3 City of Wylie (5/93)
SITE PLAN APPLICATION
Date ///(3/`•) -
Name of Proposed Development Sc-{veP'mac CFti«:'Z
Name of Property Owner/Developer J-A M E s (L A c k eE
Address ,o"7 N 4—, 7 V (,) e
/•c Y
Phone 2- -(1 3 ,D
Name of Land Planner/Engineer C (-CA c.<< 5 — s D s
75D
Address Z z 3 z o i Phone —7 7/ -v a y
Total Acreage .4 L, Z lz' Current Zoning -
Number of Lots/Units
Signed
WL.
Following is a checklist of items that may be required as a part of the site plan. In addition,
other information may be required if it is necessary for an adequate review of a specific
development proposal. All information should be provided on a scaled drawing generally not
exceeding 18" x 24".
Provided or Shown Not •
On Site Plan Applicable
1. Total lot or site area - if the site is part of a larger tract
include a key map showing entire tract and location of site
being planned.
• 2. Location, dimensions, and size of all existing and
planned structures on the subject property and approximate
locations of structures adjoining property within 100 ft.
3. Location and type of landscaping, lighting, fencing
and/or screening of yards and setback areas.
4. Calculation of landscaped area provided.
5. Location and dimensions of ingress and egress.
Page 2 of 3
6. Location, number and dimensions of off-street parking
and loading facilities.
7. Height of all structures.
8. Proposed uses of all structures.
9. Location and types of all signs, including lighting and
heights.
10. Elevation drawings citing proposed exterior finish
materials and proposed structural materials.
11. Location and screening of trash facilities.
12. Location of nearest fire hydrant within 500 ft.
13. Street names on proposed streets.
14. The following additional information:
Page 3 of 3
If the site plan is required as a preliminary or development plan under a Planned Development
Zoning Classification, the attached applicable items specified for preliminary plans or
development plans must be included.
Taken by (_ I`D 0 CI 6 File No.
Date /1' /5 '15
Fee —�
B. LANDSCAPING REQUIREMENTS
In non-residential districts the following landscaping requirements shall apply:
(1) Every lot shall provide a minimum of 5% of the lot area to be utilized for
landscaping. A minimum of one-half of the required landscaping area
shall be located in the front yard. Required landscaping area shall not
include driveways, paved walks, or right-of-way or easements for streets
or alleys where a fence or wall is required by ordinance, the fence or wall
may be located within the required landscaping area.
(2) Visibility requirements - on any corner lot, all landscaping, whether or not
required by the ordinance, shall be designed and maintained so that it
shall not obstruct the vision of a motor vehicle driver approaching any
street, alley or driveway intersection.
When a driveway intersects a public right-of-way, all landscaping within
the triangular areas described below shall provide unobstructed cross
visibility at a level between thirty (30) inches and nine (9) feet above the
street grade level. The visibility triangles shall be determined by
projecting a line fifteen (15) feet along the street right-of-way and fifteen
(15) feet along the internal driveway and connecting the ends of the two
lines.
(3) All required landscape areas shall consist of a combination of trees,
grass, shrubs, ground cover and other live plant material such as those
contained in the recommended plant list. The combination shall consist of
at least one (1) tree, ten feet (10') tall, or two (2) trees not less than two
inches (2") in diameter, for each one thousand (1,000) square feet of
required landscape area.
C. MAINTENANCE REQUIREMENTS
(1) All plant material shall be maintained at all times in a living and growing
condition. Dead landscaping materials shall be replaced with like or
similar materials.
(2) Adjacent right-of-way shall be kept mowed and properly maintained.
Right-of-way shall not be included in the required percentage of
landscaped area.