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06-04-2002 (Planning & Zoning) Agenda Packet Planning & Zoning Commission . I City of Wylie June 4 , 2002 Regular Business Meeting AGENDA PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS WYLIE MUNICIPAL COMPLEX 2000 State Highway 78 North Wylie, Texas 75098 Tuesday, June 4, 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 May 21, 2002 Regular Meeting. ACTION AGENDA 1. Consider a recommendation to the City Council regarding a Final Plat for Lot 5R, Block A, Century Business Park Addition, being a Replat of Lot IA, Block A of Century Business Park according to the plat recorded in Volume N, Page 349 of the Map Records of Collin County, Texas, and Lot Lot 5, Block A of Century Business Park according to the plat recorded in Volume J, Page 692 of the Map Records of Collin County, Texas, and being a certain 5.043 acre tract of land situated in the Duke Strickland Survey, Abstract No. 841, City of Wylie, Collin County, Texas. ADJOURNMENT Posted Friday, May 31,2002 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 May 21, 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: William Chapman Mary V. Bradley, Secretary Michael George Terry Capehart, Planner Don Hughes Claude Thompson, Director Mike Phillips Commission Members Absent: Steve Ahrens Carter Porter Tony Snider CALL TO ORDER Chairman George called the Regular Meeting to order at 7:10 p.m. PLEDGE AND INVOCATION Commissioner George offered the Invocation and Commissioner Phillips 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 May 7, 2002 Regular Meeting. Motion was made by Commissioner Chapman, seconded by Commissioner Phillips, to approve the minutes as submitted. Motion passed 4—0. P&Z Commission Meeting May 7, 2002 Page 2 of 7 ACTION AGENDA 1. Consider a recommendation to the City Council regarding a Final Plat for the SFS Addition, being a certain 5.73 acre tract of land generally located west of Sanden Boulevard and north of State Highway 78, being part of Tract B and part of Tract E conveyed to the F.O. Birmingham Memorial Land Trust according to a deed recorded in County Clerk's File No. 92-0091825, Land Records of Collin County, Texas, and being situated in the Duke Strickland Survey, Abstract No. 841, City of Wylie, Collin County, Texas. Thompson stated that the Final Plat will create a single lot of 5.73 acres in size. The purpose is to develop a new 54,000 square feet warehouse and distribution center in order to consolidate the operations from several existing locations of Southern Fastening Systems. In January of 2002, the City Council initially zoned the subject property from Agriculture (A) District to Business Center District with a Specific Use Permit for Warehouse and Distribution Uses (BC/SUP). A Site Plan was approved with that zoning. A Preliminary Plat was approved by the Council on April 23, 2002. The majority of the property is currently occupied by the 100-year floodplain, which is to be reclaimed as indicated on the Plat. A Letter of Map Revision (LOMR) must be obtained from U.S. Corps of Engineers, based upon the engineered grading and prior to filing of the Final Plat and issuance of a Certificate of Occupancy for the building. The floodplain has already been removed from the adjacent property to the south. No one was present to represent the Plat request. Motion was made by Commissioner Hughes, seconded by Commissioner Chapman, to recommend approval to the City Council for the Final Plat. Motion passed 4—0. 2. Consider a recommendation to the City Council regarding a Preliminary Plat for the Avalon Addition, being a certain 70.593 acre tract of land generally located south of Brown Street and west of Kreymer Road (C.R. 432), being part of a called 77.14 tract described in a deed to Neva Lou Kreymer and Robert Kreymer as recorded in Volume 2787, Page 255 of the Deed Records of Collin County, Texas, and being situated in the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. Thompson stated that this Plat will create 195 single-family residential lots, 6.8 acres of public park land and additional right-of-way for the future widening of Kreymer Road (C.R. 432) as well as several landscape areas to be maintained by the Homeowners Association. The subject property totals 70.593 acres in size. P&Z Commission Meeting May 7, 2002 Page 3 of 7 In July of 2001, the City Council initially zoned the subject property from Agriculture (A) District to Planned Develop District (PD) for Single-Family Residential uses. The Conditions of the PD require that all lots be at least 8,500 square feet in size, and establish an average lot size of 10,300 square feet and maximum density of 2.7 dwelling units per acre. A Concept Plan was also approved with the PD. The required park land dedication for 195 lots is 2.9 acres. The Plat dedicated a total of 6.8 acres of park land within two parcels. A 4.8-acre park is located to the northeast of the subject tract adjacent to the proposed elementary school, and is partially occupied by an easement for a major electric transmission line. The second park area, 2 acres in size, is located to the southwest and provides access to an off-site creek corridor that can be developed as a trail/open space connector. No one was present to represent the Plat request. Commissioner George questioned the screening along Kreymer Road in the cul-de-sac. Thompson stated that since the lots do not back onto Kreymer Road, the developer will build masonry columns at the front yards on the lots to each side of the cul-de-sac with wrought iron fencing across the cul-de-sac, and then the private fence will be attached to the masonry columns. Motion was made by Commissioner Phillips, seconded by Commissioner Hughes, to recommend approval of the Preliminary Plat. Motion passed 4—0. 3. Consider a recommendation to the City Council regarding a Final Plat for the Pheasant Creek Phase 1 Addition, being a certain 48.726 acre tract of land generally located northeast of County Line Road and west of Troy Road, being part of a 117.149 acre tract conveyed to Leo Wiman by deed recorded in Volume 3166, Page 632 of the Deed Records of Collin County, Texas, and being situated in the N. Atterberry Survey, Abstract No. 6 and the L.B. Outlaw Survey, Abstract No. 173, City of Wylie, Rockwall County, Texas. Thompson stated that this Plat will create 142 single-family residential lots and includes 48.726 acres. The Plat also dedicates 1.994 acres of public park land, additional right-of- way for the future widening of County Line and Troy Roads, and common landscape areas to be maintained by the Homeowners Association. A Plat for Phase 2 of the Pheasant Creek Addition is on the current agenda for consideration. When the Preliminary Plat was approved by City Council in November of 2001, the property was zoned Single-Family Residential-3 (SF-3), vesting the right to develop lots of 7,200 square feet and streets of 50 feet width which are reflected on the Plat. With the adoption of the new Zoning Ordinance and Map, the property was rezoned to its current Single-Family Residential 8.5/17 District, requiring a minimum lot size of 8,500 square feet. Thompson further elaborated on the changes in residential district zoning. The state law Section 245 of the Texas Local Government Code protects private property owners' P&Z Commission Meeting May 7, 2002 Page 4 of 7 right to develop land "solely according to property adopted requirements in effect at the time the original application for the permit is filed." However, a special agreement covering the subject property was made between the homebuilder and City Council on May 14, 2002, stating that the property will not adhere to the new architectural points standards but will comply with some modifications as stated in the special agreement. The required park land dedication for 142 lots is 2.13 acres, and this Plat dedicates 1.994 acres of park land and an additional 1.079 acres of floodplain open space that is not eligible for park land dedication, or a total of 3.073 acres. However, the land above the floodplain, which is dedicated for park by the combined Pheasant Creek Phases 1 and 2, exceeds that required by the code. Motion was made by Commissioner Chapman, seconded by Commissioner Phillips to recommend approval. Motion passed 4—0. 4. Consider a recommendation to the City Council regarding a Final Plat for the Pheasant Creek Phase 2 Addition, being a certain 42.911 acre tract of land generally located northeast of County Line Road and west of Troy Road, 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 Collin, Texas, and being situated in the N. Atterberry Survey, Abstract No. 1099 in Collin County, the N. Atterberry Survey, Abstract No. 6 in Rockwall County, the L.B. Outlaw Survey, Abstract No. 173, City of Wylie, Rockwall County, Texas. Thompson stated that this Plat includes 42.911 acres and will create 143 single-family residential lots. The Plat also dedicates a total of 8.4 acres of public park land in two tracts as well as connecting open space floodplain, and common landscape areas to be maintained by the Homeowners Association. A Plat for Phase 1 of the Pheasant Creek Addition is on the current agenda for consideration. Access to the subject Phase 2 is entirely through Phase 1. When the Preliminary Plat for the subject development was approved, the property was zoned SF-3, allowing 7,300 square feet lots and 50 feet wide local street rights-of-way. Brett Pedigo, 2800 Surveyor Boulevard, Dallas, Texas, represented applicant for the subject property stated that the developer will require by private deed restrictions a four (4) foot or six (6) foot decorative fence separating the park land from the residential property. Commissioner George requested that the fences along the park land be wrought iron. Motion was made by Commissioner Hughes, seconded by Commissioner Phillips to recommend approval of the Final Plat. Motion passed 4—0. P&Z Commission Meeting May 7, 2002 Page 5 of 7 5. Consider a recommendation to the City Council regarding a Final Plat for the Bariatric Care Center Addition, being a certain 20.01 acre tract of land generally located south of State Highway 78 and south of Kirby Street (F.M. 544), being part of a tract conveyed in HCW, Inc. by deed recorded in Volume 1425, Page 300, and all of that tract in Volume 3057, Page 943 of the Deed Records of Collin County, Texas, and being situated in the E.C. Davidson Survey, Abstract No. 217, City of Wylie, Collin County, Texas. Thompson stated that the subject property has never been platted, was originally called the Wylie Presbyterian Hospital and was initially constructed in 1983. The new owner proposes to construct an addition of approximately 16,000 square feet to the building, as well as additional parking. The existing parking will be resurfaced and striped, but the new parking will be 10 x 20 spaces on concrete slab and will be located to the southeast of the existing building. Thompson also stated that there is a joint access easement to the northeast of the property, to allow future access between the hospital, Brookshire's and the Retirement Center under review currently by City Council. The Final Plat under consideration will create a single lot of 20.01 acres in size. The Plat incorporates the entire property and several buildings of the owner into a legal lot of record. The neighboring doctors office is not included in the Plat and remains unplatted. The approximate western half of the property is occupied by the 100-year floodplain, which will remain in place. All proposed improvements are located above the floodplain. Motion was made by Commissioner Hughes, seconded by Commissioner Chapman, to recommend approval. Motion passed 4—0. 6. Consider a recommendation to the City Council regarding a Preliminary Plat for the Wylie Junior High School Addition, being a certain 48.643 acre tract of land within the Extraterritorial Jurisdiction of the City of Wylie, Collin County, Texas, generally located east of Country Club Road (F.M. 1378) and south of the Quail Creek Addition, being all of that tract conveyed to the Wylie Independent School District described by deed recorded in Volume 5098, Page 1750 of the Deed Records of Collin County, Texas, and being situated in the Mercer Phalen Survey, Abstract No. 695, Collin County, Texas. Thompson stated that the 48.6 acres will create two Lots. Initially, Lot 1 will accommodate a new Junior High School, as well as parking and outdoor sports fields, for the Wylie Independent School District. Ultimately, an Elementary school and parking is also planned to be located on Lot 1. The 1-acre Lot 2 will accommodate a future water storage tank for the Wylie Northeast District on the northeast portion of the property with access provided by an easement along the eastern property line. P&Z Commission Meeting May 7, 2002 Page 6 of 7 The subject property is entirely within unincorporated Collin County. On May 13, 2002, the Town of St. Paul released the tract from its Extraterritorial Jurisdiction to Wylie's ETJ, allowing future annexation into the City of Wylie. Wylie has plating authority over lands within its ETJ, but cannot impose zoning or other building regulations within the ETJ. Thompson stated that the City will do the platting, but there will be a joint review by the City and County on engineering and building permitting, unless the property is annexed into the City. The Planning and Zoning will not review a site plan or building elevations because these relate to zoning which cannot be applied to land within the County. W.I.S.D. has expressed desire to annex at least part of the property into the City of Wylie in order to be served with City sanitary sewerage. The Plat provides right-of-way for the future expansion of Park Boulevard from the west across Country Club Road (F.M. 1378) at Dodd Elementary and through the Birmingham Farms Phase 3 single-family residential subdivision. J. T. Brown, 4000 McEwen, Dallas, Texas, represented the applicant and stated that the construction for the Junior High is scheduled to begin in August 2002 and be completed by July 2003. Motion was made by Commissioner Phillips, seconded by Commissioner Hughes, to recommend approval of the Preliminary Plat to the City Council. Motion passed 4—0. WORK SESSION 1. Staff discussion of the varied implementation of the requirements of the Zoning Ordinance. Thompson stated that Texas law generally protects property owners' right to develop land according to the adopted regulations in effect at the time the initial development application is filed. Legislation has historically limited municipalities from enforcing new codes which affect density or lot yield, and recent court cases have broadened that protection to include anticipated economic return. Thompson further stated that each case must be evaluated individually depending on their stage of development, but staff has discussed various approaches for implementation of the new codes with a variety of developers and builders, and has formulated a general strategy for applying the evolving development regulations. Subdivisions platted prior to July of 2000 will comply with the requirements of the 1985 Zoning Ordinance as amended, and as much as possible the Architectural Provisions of the new code. All properties developed after the February 2002 adoption of the revisions to the Zoning Ordinance must comply fully with the new requirements. P&Z Commission Meeting May 7, 2002 Page 7 of 7 A Settlement Agreement with fourteen specific subdivisions to comply with special limited requirements was adopted by City Council on May 14, 2002. These Special Conditions include enclosing chimney, minimum roof pitch of 6:12, architectural-grade roofing shingles, all brick mailboxes, address plaque and no vinyl siding on exterior walls. The Commission questioned the time frame of preliminary and final plats. Thompson explained the time frames and stated that preliminary plats vest the right to the code in place, but preliminary plats expire in six months unless a final plat is approved. Approved final plats govern the property in perpetuity, also vesting all rights in force at the time of platting. Commissioners expressed the desire that they want to enforce as much of the new regulations as possible and as soon as possible. ADJOURNMENT Motion made by Commissioner Phillips, seconded by Commissioner Chapman, to adjourn at 8:20 p.m. Motion passed 4—0. cL.,eifir, p S . Michael George, Chairman M V it radley, Secr- ary liegrA • Action Item No. 1 Final Plat Lot 5R, Block A, Century Business Park Addition Planning and Zoning Commission Meeting: June 4, 2002 Owner: R.C. Ottwell, Jr. Surveyor/Engineer: Sparr Surveys Location: Generally located southeast of State Highway 78 and west of Century Way Existing Zoning: Business Center(BC) District Summary: The Final Plat under consideration will create a single lot of 5.043 acres by combining two existing lots. The new lot is intended to accommodate the future expansion of the existing Buckner Boulevard Plumbing facility, currently occupying Lot 5. The Century Business Park, also creating Century Way and Alanis Lane, was originally platted in 1986. Since that date, several lots have been created by replatting as the Highway 78 Business Park. Lot 5 was replatted in 1996 and Lot 1 A was replatted in 2001. The current Plat, as other recent replats,redirects the name of the addition back to the original Century Business Park. The property was rezoned to the current Business Center(BC)District from Industrial(I) District with the adoption of the new Zoning Ordinance and Map in December of 2001. Existing development may continue to comply with the earlier requirements under which they were platted, but all future development must comply with the newly-adopted requirements of the Zoning Ordinance. Final Plat—Lot SR,Block A, Century Business Park Addition 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 plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period". Issues: 1. The Final Plat complies with all applicable technical requirements of the City of Wylie. 2. The Plat provides for a front building line of 50 feet, as required by the new Business Center zoning, rather than the 20 feet of the earlier Industrial zoning. Any existing development on the old Lot 5 may continue to conform to the requirements in effect when they were platted and/or constructed. All new construction must conform to the recently adopted requirements of the revised Zoning Ordinance, and the Plat reflects the 50 feet front yard building setback of the new Business Center District rather than the 20 feet deep front yard earlier platted under the old Industrial District. 3. Existing drainage and utility easements bound the northwest property line as well as dissect the tract at the old common property line. No permanent construction will be allowed within these easements. Financial Considerations: Plat application fees—Paid Staff Recommendation: Approval. The Departments of Planning, Engineering, Development Services, Public Works and Fire concur with this recommendation. Attachments: Final Plat GRAPHIC SCALE . 00 110 2M DT MET) etc) Alum. Alum. 1 inch=60 It MO"-. MO"' +0. N 49'45.53'1rE 1 / 44) / V e g. bl Existing .tip / -10'Utility e'� Easement '� P ✓/ • P / a m' / / Lot 3R,Block A / 0/ / Century Business Park f / Vol.N,Pg.367 / w� MRCCT Lot Century3Bu mess Park Existing ,s, Vol.N, C 216 / 5'Tei. BLOCK A / / 4 MRCCT Easement 7 / / / / ttP Al: ri / Lot 1B,Block A 4'110 Z,F1 2/ Century Business Park FlR_r1 1/ /3 FlR_ \ Vol.N,Pg.349 Y/2� 1/2 \ MRCCT 7.5',/� v" �� 88532'52'E52' F7f; \ +-V �-y Existing /2• di/ u s z Lt 20'Drainage& Lot 5,Block A ,ei 1/ z r60 p Utility Easement Century Business Park ABA \ `'gyp. / 7 � \ DELTA=48'45'22" Vol.J,Pg.692 \ Existing / RAD=203.24' MRCCT 75'Drainage& FiR \ N,<,ARC=165.85' Utility Easement 5/8" CHD=S 60,9'18"E \ 7.5' \ 187.29' Existing I �� /� ��� Utility Easement LOT 5R,BLOCK A \ �/ / % Fl• DELTA=46'45'22•- '\ �. y 5.04.'i Acres Q / / 5 ARC=218.24' \,\ —_ .i \ / t7� CND=N 60'59'18"W _ - '"� S 84'24'Y8:___E 576.27' O g \ 7 N 84'24.78" ___..__� O ... 516.58' .fn Z O BIZkiB \ Lot 1A,Block Aurss DEL ��j O \ EiTA-4632'04'� Cenvoly Busin N,Pge349ark aj �i 340.74' MRCCT 2f W Lot 5R BLock C gi Century Business Park ARC-276.74' �I �✓ Vol.IC Pg. MRCCT 263 C/7D-N 610876'W 5R8- \ 269.20 /\ N 842478'W 51694' \ Lot 18,Block A At, -PONT OF N Century Business Pork BEGINNING Vol.N,Pg.349 i .8 MRCCT m \ Existing c.Oj 15/8- ',. 5'Te. \ Existing Easement N •,.,� 5'Tel. '.' Easement 3 ____ 20' .L. :Ti O _ u W. A�.ANfs c __J 4B-' rii�. C 54' Lt N 3T52'46 W 3.75' R.O.W) L2 N 52'07'46"E 39.42' L3 N 37,2'14•W 20.00' L4 S 52'07'46"W 39.42' L5 N 37'S2'14"W 27.06' L6 S 04'25'32"W 75.00' LONOT TO SCgLCATION MEAP REPEAT �s LOT 5R BLOCK A { CENTURY ��`'''p BUSINESS PARK GSR „1.. DUKE STRICKLAND SURVEY ABSTRACT No.841 PRorzc CITY OF WYLIE ATIo COLLIN COUNTY,TEXAS I DRARN By. B.D.S./CAD A. , CHECKED BY: H.D.S. ji/��j7r.S F KRISTEN nay nroirc sc In=60 Sparr Surveys 2553 C.R.722 �^ BEARING'S ESTABLISHED BY ASSUMING S 04'25'32•W ALONG SEWNG A PORTION OF THIS ADDITION BY METES AND Q ER DATf.` APRIL 2002 S McKinney,Texas _ _ 7NE WEST LINE OF CENTURY WAY. BOUNDS IS A V10LATIWI OF CITY ORD,ViBi AND STATE (214)544-22�' g LC N I;'1I FIR DENOTES FOUND IRON ROD. LAW AND IS SUBJECT TO FlNES AND WI7NOlDtNG OF R.C.Ottwell,Jr. kiwis UT1UTtES AND BUILDING PERMITS. SHEET I OF 2 1322 Century Way JUN 0 S 2002,Il FlR siz DENOTES IRON ROD FOUND WITH PLASTIC CAP L1 E sTAMPEO•SPARK sutxvl:rs" Wylie,Texas 75098 JOB N0.16394C t_ir