03-05-2002 (Planning & Zoning) Agenda Packet II
Planning &
Commission
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March 05, 200
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AGENDA
PLANNING AND ZONING COMMISSION
CITY COUNCIL CHAMBERS WYLIE MUNICIPAL COMPLEX
2000 Highway 78 North
Wylie, Texas 75098
Tuesday, March 05, 2002
7:00 p.m.
CALL TO ORDER
INVOCATION & PLEDGE OF ALLEGIANCE
CITIZEN PARTICIPATION
CONSENT AGENDA
1. Consider and act upon approval of the Minutes from the February 19, 2002
Regular Meeting.
ACTION AGENDA
1. Consider a recommendation to the City Council regarding a Final Plat for the LGD
Properties Townhomes, being a certain 1.2388 acre tract of land situated in the S.B.
Shelby Survey, Abstract No. 820, and being part of Block 3 of the unrecorded Russell
Addition, and being part of Lot 39, Block 8, of the Brown and Burns Addition to the
City of Wylie, Collin County, Texas, according to the Plat thereof recorded in
Volume 1, Page 110-112 of the Map Records of Collin County, Texas, and being a
tract of land conveyed to Marion M. McDonald by deed recorded in Volume 205,
Page 653, and being a tract of land conveyed to D&M Check Cashing by deed
recorded in County Clerk's File No. 95-0008356 of the Deed Records of Collin
County, Texas.
MISCELLANEOUS
1. Staff update status of revisions to Zoning Ordinance, Subdivision Regulations and
Comprehensive Plan.
ADJOURNMENT
Posted Friday, March 1, 2002 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.
MINUTES
PLANNING AND ZONING COMMISSION
WYLIE MUNICIPAL COMPLEX
2000 Highway 78 North, Wylie, Texas 75098
Regular Business Meeting
February 19, 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:
Michael George Claude Thompson, Director
Mike Phillips Mary V. Bradley, Secretary
Carter Porter Terry Capehart, Planner
Tony Snider
Gary Wiseman
Commission Members Absent:
Steve Ahrens
William Chapman
CALL TO ORDER
Chairman George called the Regular Meeting to order at 7:03 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 February 5, 2002 Regular
Meeting.
Motion was made by Commissioner Porter, seconded by Commissioner Wiseman, to
approve the minutes as submitted. Motion passed 5 —O.
P&Z Commission Meeting
February 19, 2002
Page 2 of 5
ACTION AGENDA
1. Consider and act upon approval of a Site Plan for the Bachon Townhomes Addition,
generally located south of Fleming Street, west of Cottonbelt Avenue and
immediately west of the Rustic Oaks Apartments, and being a certain 14.015 acre
tract of land situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie,
Collin County, Texas.
Thompson stated that the subject property abuts the existing Rustic Oaks Apartments to
the east, zero-lot-line single-family residences to the north and the Dallas Area Rapid
Transit rail corridor to the south. The property has been zoned for Multifamily
Residential uses since at least 1991. The proposal is to develop a single-lot apartment
complex of 120 dwelling units. A Preliminary Plat for the subject property is on the
current agenda for consideration.
Mark Hickman, 1315 E. 19th Street, Suite 2A, Plano, Texas 75074, represented Hickman
Consulting Engineer the applicant, stated that there will be garages at each unit with no
carports. Mr. Hickman further stated that there is a 50-foot drainage way on the property,
which will be improved by a natural channel. The drainage channel will be moved over
slightly and improvements made to its sides, with the intent not to concrete or encase the
drainage in order to keep underground drainage at a minimum due to existing sewer lines.
Commissioner George asked about the screening for the swimming pool. Mr. Glenn
Culveer, 5350 Alpha Road, Dallas, Texas, represented Humphrey's and Partners, the
architect for the property, stated that the swimming pool would be generally enclosed
with decorative wrought iron fence and stone.
The Commission had questions regarding the trash pick up. Mr. Hickman stated that the
owner will pick up the bags of tenants' trash from the curb. There will be an on-site trash
compactor, which will be fenced with a security system to be opened only by the owner.
Tenants will not have access to the trash compactor.
Commissioner Snider asked if there was any intention to connect the property with the
properties to the east and west. Applicants agreed that there is no intention to connect the
properties east and west of the subject property.
Motion was made by Commissioner Phillips, seconded by Commissioner Porter, to
recommend approval to the Site Plan for Bachon Townhomes. Motion passed 5 —O.
P&Z Commission Meeting
February 19, 2002
Page 3 of 5
2. Consider a recommendation to the City Council regarding a Preliminary Plat for the
Bachon Townhomes Addition, generally located south of Fleming Street, west of
Cottenbelt Avenue and immediately west of Rustic Oaks, Section 1, Phase 4, and
being all of a certain 14.015 acre tract of land situated in the S.B. Shelby Survey,
Abstract No. 820, City of Wylie, Collin County, Texas.
Thompson stated that this Preliminary Plat will develop 120 dwelling units on a single-lot
apartment complex, on 14.015 acres. The Preliminary Plat will be considered by the City
Council on February 26, 2002.
Motion was made by Commissioner Porter, seconded by Commissioner Phillips to
approve the Preliminary Plat as submitted. Motion passed 5 —O.
3. Consider a recommendation to the City Council regarding an Amended Final Plat for
the Sage Creek Phase III Addition, generally located east of McCreary Road, south of
McMillen Road and east of Sage Creek Phases I and II, and being all of a certain
24.5079 acre tract of land situated in the Moses Sparks Survey, Abstract No. 849,
City of Wylie, Collin County, Texas.
Thompson stated that this amended Plat is for Phase III of Sage Creek Estates (PD 98-
06). Construction of this addition has been accepted and a Final Plat has been accepted
by the City of Wylie and properly filed with the County in August of 2001. The
amendments/revisions to the Plat relocate and rename certain easements for private
utilities that were changed after public infrastructure was constructed and accepted. The
Plat creates 94 single-family residential lots and certain common open spaces within a
master planned community, and totals 24.5079-acres.
Thompson stated that the purpose of the amendment is because the utility company did
not get their requirements to the developers and builders before the Plat was filed. There
are no changes in the lot yield or dimensions, it is simply for renaming or relocating
certain easements. The Plat will be considered by City Council on February 26, 2002.
Motion was made by Commissioner Phillips, seconded by Commissioner Snider to
approve the Amended Final Nat as submitted. Motion passed 5 —O.
P&Z Commission Meeting
February 19, 2002
Page 4 of 5
PUBLIC HEARING AGENDA
1. Hold a public hearing and consider a recommendation to the City Council regarding a
change in zoning from Single-Family Residential (SF 8.5/17), Multifamily
Residential (MF) and Neighborhood Services (NS) to Planned Development District
for Single-Family Residences, being a certain 66.8583 acre tract of land situated in
the D.W. Williams Survey, Abstract No. 980 and the Allen Atterberry Survey,
Abstract No. 23, City of Wylie, Collin County, Texas, being a part of a tract
conveyed to JCM Properties, L.P. according to the deed recorded in Volume 2233,
Page 874 of the Deed Records of Collin County, Texas, and all of two tracts
conveyed to JCM Partners, L.P. according to the deed recorded in County Clerks File
No. 96-0045039 of the Deed Records of Collin County, Texas, and being all of the
tract conveyed to Verna M. Poor according to the deed recorded in Volume 4409,
Page 2100 of the Deed Records of Collin County, Texas. (Zoning Case No. 2002-1)
Thompson stated that the eastern half of the subject property was annexed into the City in
November of 1985, and zoned as Single Family-3 Residential and Business-2. The
Multifamily portion was rezoned in 1987. A request to eliminate the Neighborhood
Services use and relocate the Multifamily use to the Elm Road frontage was denied by
the City Council on January 22, 2002. With that decision, Council expressed willingness
to support residential lots somewhat smaller than the required 8,500 square feet as a
possible compromise for elimination of the potential for Multifamily uses as well as the
Business uses on the property, as is reflected by the subject request.
The requested rezoning will eliminate the Multifamily and Retail uses, and allow the
entire property to develop as Single Family Detached Residences of 8,000 square feet
lots. Conditions of the Planned Development District require compliance with all
requirements of the Zoning Ordinance with the exception of four requirements. The first
variance is the minimum lot size to 8,000 square feet from 8,500 square feet lot size, the
second is the minimum lot width from 70 feet to 65 feet, the third is from 7 feet minimum
side yard to 6 feet and the fourth is the side yard adjacent to street from 25 feet to 15 feet
except key lots which will remain 25 feet.
Thompson stated that the subject property would create 217 lots. Approximately 3 acres
are partially in floodplain and will be dedicated as parkland. Thompson stated that the
applicant was advised by staff of the necessity to have some access to the adjacent
undeveloped property to the north.
Steve Parsons, 16810 Deer Park, Dallas, Texas, the applicant, stated that there is a
portion of the property to the northeast that will be dedicated as parkland and expand the
City Park further north of the subject property. There is also a portion of the property on
the east, which may eventually become parkland, but at this time there is nothing planned
for that property.
P&Z Commission Meeting
February 19, 2002
Page 5 of 5
There were no citizens wishing to speak.
A motion was made by Commissioner Snider, seconded by Commissioner Phillips to
recommend approval of the zoning change to PD. Motion passed 5 —O.
ADJOURNMENT
Motion made by Commissioner Phillips, seconded by Commissioner Snider, to adjourn at
8:00 p.m. Motion passed 5 —O.
Michael George, Chairman ary . Bradley, Secre
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•
city of Wylie
Action Item No. 1
Final Plat
LGD Properties Townhomes Addition
Planning and Zoning Commission Meeting: March 5, 2002
Owner: Lawrence G. DeBerry
Surveyor/Engineer: Alliance Land Title Surveys
Location: 401, 403 and 409 Jackson Street
Existing Zoning: Townhouse (TH)
Summary:
The Final Plat for the LGD Properties Townhouses includes 1.2388 acres and will create eleven
(11) single-family dwellings constructed as zero- lot-line duplexes with each dwelling occupying
an individual platted lot. This Plat is a Replat of Lots 1 and 2A, Block 3 of the Russell No. 1
Addition and Lots 39A and 39D of the Brown and Burns Addition.
A Preliminary Plat for the subject property was approved by the City Council on January 22,
2002. The subject property was rezoned to Townhouse District (TH) from Single Family
Residential(SF-2) by the Council on September 11, 2001.
On February 26, 2002 City Council revised requirements of the TH District lot and dwelling
sizes. This Plat reflects the new revisions.
Section 212.005 of the Texas Local Government Code states that "the municipal authority
responsible for approving plats must approve a plat that satisfies all applicable regulations".
Section 212.009(a) states that "the municipal authority responsible for approving plats shall act
upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the
municipality unless it is disapproved within that time period."
Final Plat—LGD Properties Townhomes
Issues:
The Final Plat conforms to the approved Preliminary Plat and complies with all applicable
technical requirements of the City of Wylie.
Financial Considerations:
Plat application fees—Paid
Staff Recommendation:
Approval.
The Departments of Development Services, Public Works and Fire concur with this
recommendation.
Attachments:
Final Plat
STATE OF TEXAS
COUNTY OF COLLIN
WHEREAS.LAWRENCE G DEBERRY IS THE OWNER OF A TRAC I OF LAND
BEING A TRAcT oF LAND SITUATED IN THE S.B.SHEUTY SURVEY,ABSTRACT NO.820,CITY oF VVYUE,COLUN COUNT,TExAs,AND TIEING A PART or 8LOcK 3 OF
TCHTIWFRIICY*L'IT,T:LlijN CO-UVT1','",TT=.%11=N*CIFT=:.PCLrTIIE=FTLE=71 TLI.ITIE7,ATR.ArG7n.132 O'FiCHKE tillAr=1"07=7ZTIT','
0 100 TEXAS,AtiD BEING A PART OF A TRACT OF LUID CONVEYED TO MARION M.MCDONALD Sy DEED REcoRDED IN VOLUME 205,PAGE 653 OF THE DEED RECORDs oF
................1111IMMIIIMMIMIle.........SIMMISIMISMIS =1=OUrNgLL=1;"tA,=,TAttCITE*Itriltr.TDR;,==.4°017:14'Cr:Et:Y=71Z 0"Y==IStg'OFI=CIIRZSITI=.SB
50 1 50 00083Se or THE DEED RECORDs OF COLLIN COUNTY,TEXAS,AND TIEING mORE PARTICULARLY DESCRIBED AS FOLIMWS:
1 BEGINNING AT AN IRON ROD FOUND AT THE INTERSECDON OF THE WEST LINE OF N.JACKSON AyENUE WITH THE NORTH UNE OF VV.BROWN STREET FOR THE SOUTH.
EAST CORNER OF SAID BLoCK 8,BRoWN 8 BURNS ADDITION;
THENCE N 88 DEG 43 MIN 35 sEc W,ALONG SAM NORTH UNE,A DISTANcE oF 66.50 FEET To AN IRON ROD FOUND AT THE SouTHEAsT CoRNER oF A TRALcT OF LAND
coNyEYED TO JESUS ALFAS,ET uX SY DEF-D RECORDED IN COUNTY CLERK'S FILE NO.00001 1 Se oF THE DEED REcoRDS OF COLUN COUNTY,TXXAS
THENCE NORTH,ALONG THE EAsT uNE OF SAID ALFARO TRACT,A DOTANCE OF 75.00 FEET To AN mon ROO FOUND FOR CORNER IN THE SOUTH uNE oF sAID BoREH
'TrEJTCE N 88 DEG 43 MIN 35 SEC W,ALONG SAID SOUTH UNE,A DISTANcE OF 39.7 FEET TO AN IRON ROD FOUND IN THE EAsTERLy ONE or THE UNION PACIFIC
R..040,4 300 roar R.O.W./;
THENCE N 08 DEG 30 MIN 32 SEC E,ALONG SAID EASTERLY UNE,A DMTANcE OF 1 OS.02 FEET TO AN IRON ROD FOUND IN THE SouTH LINE OF A TRAcT OF LA,ND .
, 771:rt:YEW;=:I ref%B:Enr,==U*T"H"LrilHZI;EL:SC':MEE'n'.1901°LLW:T°TC07=1Eli'07=4D17=Ltri MC==L Y UNE OF UNION a
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kg HARVEY L.MILLER,ET UX
VOL.4673,PG.489-DR/CCT
PART BLOCK 3,RUSSELL ,„ l'itigii=isiti3-7:fg.erm°38 SECVZOXIA SAID EASTERLY UNE,A DISTANCE OF 172.88 FEET TO A poiNT or culIMATURE TO THE RIGHT HAVING A RADius or
1880.09 FEET AND A cocrem.ANS.OF 01 DEG 36 mis 32 sec,.IRON ROD FOUND;
THIENCE NoRTHEASTERLY,AIQNG SAID EASTERLY UNE OF SAID RAILROAD AND WITH SAID CUR.TO THE RIGHT,AN ARc DISTANCE OF 52..FEET TO A FENCE POST
Tr=378CDEC'GNIJIMIFRtn:STHE',"2:L=ITTSTUTIMI:E=TICT:=71.;',N8D9CPtri1=703.11,=:=C:TUFX11rD:rDTRECORDED IN VoLume.73,
P46e.9 oF THE DEED RECORDS OF COLLIN Cousrr,TErAs,A DISTANCE oF I 55.77 PEET TO AN IRON PIPE FOUND IN RAID UNE OF N.i cross VENUE,•
THENcE Soul.,ALONG SAID WEST uNE,A DISTANCE OF 402.'79 FEET TO THE POltrr OF BEGINNING,AND coNTAINING 53.541.85 SQUARE FEETA0R 1.23t8 ACRES
gip To,INTETE1)051‘,1 1,.15NRECORDED, 'it.:2 OF LAND.
48.0 ,41 FCEOVNEE"TS 119.1339.1 155.77 !.,,,. 1 NOW',THEREFORE KNOW ALI,OEN BY THESE PRESENTS'
6 TAhdaltan,iroeit-tiViii,Dcep‘e,,,,,,,celosZt:irtiLLIsasplat designated therein abo,c described proper,as I.,i D PROPERTIES TOWNHOMES.an
WITNESS MY RAND AT WYLIE.TEX..this day of .2tiii,
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. La,rence Ci.DeBert,
-I OLP ST.NWT.78 L,
* r STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME.the undersigned author,.a Notary Public in and for said(ount,and State_on this date pe,small,.appeared La,rence G Def.,
78 i 1 C)
170.88'
k.
kno,n to me to bc the person,hose name is subscribed to the foregoing,Instrument and ackno,ledged to me that he.executed the same for
the purpose and consideration therein c\pressed.
a e.
,„.56, 'ti . GIVEN UNDER MY HAND AND SEAL OF OFFICE this da,of .2,02
¢..
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LOCATION NAP :I 5 , Notar,Public for the State of Texas
180 25 a i? kh Commission expires
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SURVEYOR'S CERTIFICATE
54
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_BEFORE ME„the undersigned authori,,a Notary Public in and for NON.,unt,nad State_on this date-,rsenall,appeared Phil WylicAnomn to me
to be the person,hose name is subscribed to the foregoing instalment and acknowledged to me that he CNCcuted the same for the purpose
CS,7: „,,ti consideration therein expressed
GIVEN UNDER M,HA.D AND Sk..,,I.Of Of F I,L this .et .2002
,... Not,Public for the State of Texas
,Y,' 'II, IF/0";?"' .WEST .6.4. My Commission cwires_
N 99'43'351Y
Ziren(,1,7,stiti:eed(:,-',Iihec'irte,t'c'ou'i,,c',oit"f N N he'ebY"rtlf.Tyin,idetn2d.nt Iti'ati l'ahecDtP.rt.TrieE'a'2Virascast'ilVV:gs'at\T"pal°,-icecistgetits
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ZE , public places_and,ater and SC,er lines as sho,n and.forth in and upon said plat and said Council furthe,authorized the Ma,or to nolthe acceptance thereof b.,signini',his name as herein:
abmc subscribed
,s, ,,, Witness ins hand this dm of ,D..2001
142;iirg N ROD N 88,35,,.... 1,1,2;;ZN ROO
W. BROWN STREET .e\r1/4
.Q1E@TH71 il
NOTES: "Recommended foi ApproN al"
Si MAR I 3 2002 11
r,,L.L,L,,I'D 'Vic:'VITO[L):A'T)0FNTFC-111F.SCA11?Y'OTFIRDYNYNI I7TAEINSDA" Chairman Planning,..,Zoning Commission Date
STATE of LAW NEED
IS SUBJECT TO FIN ty ES AND WITHHOLDING Ci W, Texas
OF UTILITIES AND BUILDING PERMITS. FINAL PLAT
SIDE LOT LINES ARE PERPENDICULAR TO FRONTING
STREETS UNLESS OTHERWISE NOTED. “Approved for Constniction'.
ZONED TH-1 5 OWNER: LGD PROPERTIES TOWVIIOMES
mayo..,,,,,,Wylie.Texas Date Lawrence G.DeBerry
ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT FLOOD 8277 Private Road 5397 PART OF THE S.B.SHELBY SURVEY
INSURANCE RATE NIAP CommuNrry-PANEL No.48085C-0470
REV.G DATED 1,9.96 THE SUBJECT PROPERTY IS IN ZONE"X", Ac pted Nevada,Texas 972-839-0046 75173 ABSTRACT NO.820
AREA OF 500 YEAR FLOOD PLJUN. " ce ”
Tel.No.:
CITY OF WYLIE,COLLIN COUNTY,TEXAS
Op.or.Cily of Wylie.Texas Date SURVEYOR:
Alliance Land Title Surveys
P.O.Box 870075
Mesquite,Texas 75150 DATE:2/42002 REVISIONL SHEET 1 OF 1
Tel.No.:972-613-9997