Loading...
10-20-1997 (Planning & Zoning) Agenda Packet AGENDA PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX October 20, 1997 7:00 pm CALL TO ORDER ACTION ITEM 1. Discuss and Consider approval of the Minutes from the September 8, 1997 Regular Business Meeting. 2. Discuss and Consider recommendation to the City council a request for approval of a Preliminary Plat submitted by Charles Lester for a 7.342 acre, 17 lot residential development designated as Heatherwood Estates, located northwest of the intersection of Heatherwood Drive and Lanwood Drive just north of the Mill Creek Estates subdivision. PUBLIC HEARING 1. Hold a Public Hearing and Consider making a recommendation to the City Council on a request made by D.R. Horton for a zone change from "MF", Multi-Family and "B-1", Business-1 to"SF-3", Single Family-3 for a 56.287 acre tract of land, located directly north of the Newport Harbor subdivision, east of FM 1378, and further described as the James McUlmurry Survey, Abstract No. 629, Tract 5. CITIZEN PARTICIPATION ADJOURNMENT Posted Friday October 17, 1997 at X 00 .m. THE WYLIE MUNICIPAL COMPLEX S WHEELCHAR ACCESSELE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS N ADVANCE BY CONTACTING 1HE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170. PLANNING AND ZONING COMMISSION MINUTES The Planning and Zoning Commission met in a Called Business Meeting on September 8, 1997, 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: Ray Capley, Rich Eckman, Cecilia Wood, Mark Clark, Tim Owen and Steve Ahrens. ABSENT: Bart Peddicord- excused STAFF MEMBERS PRESENT: Mike Phillips-Building Official and Rebecca Rogers- Secretary. ACTION ITEMS 1. Discuss and consider approval of the Minutes from the August 18, 1997 Regular Business Meeting held jointly with City Council. Correction of Reta Allen's name to Rita Smith under Citizen Participation. A motion was made by Steve Ahrens, seconded by Tim Owen to accept the minutes with noted correction. Motion carried, all in favor(6). 2. Consider approval of a Land Study submitted by Eric and Anne Parker for a 14.5143 acre residential development designated as Fox Hollow Estates located south of Beaver Creek Road and west of the Beaver Creek Subdivision. This property is outside the City Limits but is within the Extra-Territorial Jurisdiction(ETJ)of the City. Mike Phillips, Building Official, stated that this Land Study was for 7 lots between 1-3 acres each. The proponents are also requesting a variance to the subdivision regulations which requires them to construct sanitary sewer lines and prohibits on-site waste water treatment systems(septic). Eric Parker, 600 Andersonville Lane, Wylie, TX, was,present to speak in favor of the Land Study and the variance for the septic system. Mr. Parker stated that the surrounding subdivisions were all septic and did not feel that it was fair for him to foot the bill for everyone to have sewer out there. The minimum distance to the nearest existing sewer line is 6,300 feet and it is only a six (6) inch line running south. Questions were raised about easements being granted for the sewer and roadway from the property owners,that if/when the property were annexed by the City, the City would have purchase the easements. Mr. Phillips stated that this would indeed become the City's responsibility. Mr. Parker said that he would donate the property for the easements when the time came. Mr. Phillips also stated that if the Commission were to approve the Land Study with the conditional approval of this variance,when the Preliminary Plat was approved it would become a Final Approval of the variance. No date is available for when the City may possibly annex this property. The Parkers could build on this lot now if they chose not to subdivide it. A motion was made to approve the Land Study with the conditional approval of the variance for the septic system for Fox Hollow Estates located in Wylie's ETJ, seconded by Tim Owen. Motion denied, 3 in favor(Steve Ahrens,Tim Owen, Cecilia Wood), 3 opposed(Ray Capley, Mark Clark, Rich Eckman). Rich Eckman stated that the approval of the variance to allow septic systems would be opening a can of worms for the City. Already have existing problems with subdivisions that were allowed to have septic and have now been annexed into the City. The City is bearing 1 the expenses of these problems, why should the City have to assume this burden for future subdivisions. A motion was made by Ray Capley to table this request until the next meeting (9/15/97), seconded by Mark Clark. Motion denied, 3 in favor(Ray Capley, Mark Clark, Richard Eckman), 3 opposed (Steve Ahrens, Tim Owen, Cecilia Wood). Mark Clark questioned when the last variance of this sort was granted,it is unknown,the last few tocome before the board have been denied. A motion was made by Tim Owen to approve the Land Study and deny the request for the variance, seconded by Ray Capley. Motion carried, all in favor(6). The Parkers may reapply for the variance at the Preliminary Plat stage. CITIZEN PARTICIPATION None ADJOURNMENT A motion was made to adjourn by Tim Owen, seconded by Steve Ahrens. Motion carried, all in favor(6). Respectfully submitted, Richard Eckman, Chairman Rebecca Rogers, Secretary 2 / / Planning & Zoning Commission #2 Action Item Re: Recommendation for Approval of Heatherwood Estates Preliminary Plat October 20, 1997 Issue Consider recommendation to the City Council a request for approval of a Preliminary Plat submitted by Charles Lester for a 7.342 acre, 17 lot residential development designated as Heatherwood Estates, located northwest of the intersection of Heatherwood Drive and Lanwood Drive just north of the Mill Creek Estates subdivision. Background Per the City of Wylie's Subdivision Regulations, an owner or developer must follow certain procedures when subdividing for development of any lot, tract or parcel of land within the Wylie City Limits (or within its extra-territorial jurisdiction). These procedures involve the approval by the Planning and Zoning Commission (P&Z) and City Council of a Preliminary Plat and Final Plat respectively. The purpose of the Preliminary Plat is to provide sufficient information to allow the City staff to review a general plan for the development of a property and make recommendations. The Preliminary Plat is a general plan which shows the location of the proposed development, topographic contours, arrangement of streets, alleys and lots, existing and proposed municipal facilities (water&sewer), drainage areas, and other important features. The Preliminary Plat must conform to the Comprehensive Land Use Plan and development ordinances of the City. The Community Development Department must determine that all necessary information has been submitted and recommend approval before the Preliminary Plat is considered for approval by the P&Z Commission. After P&Z approval, it will then go before the City Council for their approval. Approval of the Preliminary Plat by the P&Z and City Council constitutes authorization by the City for the developer to submit application for approval of a Final Plat subject to compliance with any conditions attached to the approval of the Preliminary Plat. This property is located northwest of the intersection of Heatherwood Drive and Lanwood Drive just north of the Mill Creek Estates subdivision and is zoned SF-2. The subdivision will consist of 1/3 and 1/2 acre lots. In reviewing the Preliminary Plat, the lot dimensions meet SF-2 criteria. This proposed development meets the criteria set forth by the Comprehensive Land Use Plan in regards to the location and type of residential development. The general layout(streets, lots and utilities) meets development standards as set forth by applicable ordinances. Financial Considerations All Preliminary Plats are subject to Preliminary Plat filing fees. This fee is $125.00 plus $2.00 per lot or$5.00 per acre in the subdivision (whichever is greater). Once approved, the platting procedure allows for the Final Plat to be subject to Final Plat filing fees, Impact Fees, Developmental Inspection Fees, Perimeter Street Fees, Park Land Dedication Fees, and miscellaneous related fees pertaining to that subdivision. All of these fees must be paid prior to filing the Plat with the County. Legal Considerations Per the adopted Wylie Subdivision Regulations, the Planning and Zoning Commission of the City of Wylie is vested with the authority to review, approve, conditionally approve and disapprove applications for the platting or subdivision of land, including land studies, conveyance plats, preliminary plats, final plats, amended plats, replats and vacation of plats. The P&Z may grant variances from these regulations. All major subdivisions shall be subject to final approval by the City Council. Staff Recommendation Staff has had numerous discussions with and Steve Helmberger of Helmberger Associates, representative of Charles Lester and is satisfied that all preliminary plat requirements have been met. Staff recommends approval of the Heatherwood Estates Preliminary Plat submitted by Charles Lester and he may proceed with Final Plat application procedures. Attachments Preliminary Plat Application Location Map Area Zoning Map Preliminary Plat / Planning & Zoning Commission #1 Public Hearing Item Re: Recommendation for Approval of a Zone Change October 20, 1997 Issue Hold a Public Hearing and consider making a recommendation to the City Council on a request made by D. R. Horton for a zone change from "MF", Multi-Family and "B-1", Business to "SF-3", Single Family-3 for a 56.287 acre tract of land, located directly north of the Newport Harbor Subdivision, east of FM 1378, and further described as the James McUlmurry Survey, Abstract No. 629, Tract 5. Background D. R. Horton has applied for a zone change on property currently owned by the Baylor Health Care System Foundation and has the permission of the Baylor Health Care System Foundation to seek the requested zone change. The property is located on the east side of FM 1378, directly north of Phase I of the Newport Harbor Subdivision. The current zoning on the property, established in 1985, was a combination of "MF", Multi-Family and "B-1", Business. The Comprehensive Plan, adopted by the City of Wylie in 1994, recognized the zoning in place in the Land Use Map. However, the Comprehensive Plan calls for the predominate land use for the City of Wylie to be low density residential and the use of single family residential would be more desirable in this particular location than multi-family or the more intense commercial use of"B-1". The northern boundary of the property is the northern City Limits of the City of Wylie. To the west is FM 1378 which is the western City Limits. The eastern edge of the subdivision is the City Limit with St. Paul. Since none of these areas are in the City of Wylie there is no zoning established on these tracts of land. The southern edge of this property is bounded by the Newport Harbor Subdivision which is zoned SF-3. Financial Considerations The Zoning Application fee of$250 has been paid. Other Considerations Under Article 9, Section 2 (B2) of the Wylie Home Rule Charter, it states that the Planning and Zoning Commission will recommend to Council proposed ordinances and amendments regarding planning and zoning changes. Staff Recommendations Staff recommends approval of this zone change request. This request conforms to all regulations and requirements of the City of Wylie. Attachments Zone Change Application, Public Hearing Notice, Property Owners List and Responses, Location Map, Area Zoning Map. PLANNING AND ZONING COMIVIISSION MINUTES The Planning and Zoning Commission met in a Called Business Meeting on September 8, 1997, 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: Ray Capley, Rich Eckman, Cecilia Wood, Mark Clark, Tim Owen and Steve Ahrens. ABSENT: Bait Peddicord- excused STAFF MEMBERS PRESENT: Mike Phillips-Building Official and Rebecca Rogers- Secretary. ACTION ITEMS 1. Discuss and consider approval of the Minutes from the August 18, 1997 Regular Business Meeting held jointly with City Council. Correction of Reta Allen's name to Rita Smith under Citizen Participation. A motion was made by Steve Ahrens, seconded by Tim Owen to accept the minutes with noted correction. Motion carried, all in favor(6). 2. Consider approval of a Land Study submitted by Eric and Anne Parker for a 14.5143 acre residential development designated as Fox Hollow Estates located south of Beaver Creek Road and west of the Beaver Creek Subdivision. This property is outside the City Limits but is within the Extra-Territorial Jurisdiction(ETJ)of the City. Mike Phillips, Building Official, stated that this Land Study was for 7 lots between 1-3 acres each. The proponents are also requesting a variance to the subdivision regulations which requires them to construct sanitary sewer lines and prohibits on-site waste water treatment systems(septic). Eric Parker, 600 Andersonville Lane, Wylie, TX, was present to speak in favor of the Land Study and the variance for the septic system. Mr. Parker stated that the surrounding subdivisions were all septic and did not feel that it was fair for him to foot the bill for everyone to have sewer out there. The minimum distance to the nearest existing sewer line is 6,300 feet and it is only a six (6) inch line running south. Questions were raised about easements being granted for the sewer and roadway from the property owners, that if/when the property were annexed by the City, the City would have purchase the easements. Mr. Phillips stated that this would indeed become the City's responsibility. Mr. Parker said that he would donate the property for the easements when the time came. Mr. Phillips also stated that if the Commission were to approve the Land Study with the conditional approval of this variance,when the Preliminary Plat was approved it would become a Final Approval of the variance. No date is available for when the City may possibly annex this property. The Parkers could build on this lot now if they chose not to subdivide it. A motion was made to approve the Land Study with the conditional approval of the variance for the septic system for Fox Hollow Estates located in Wylie's ETJ, seconded by Tim Owen. Motion denied, 3 in favor(Steve Ahrens, Tim Owen, Cecilia Wood), 3 opposed(Ray Capley, Mark Clark, Rich Eckman). Rich Eckman stated that the approval of the variance to allow septic systems would be opening a can of worms for the City. Already have existing problems with subdivisions that were allowed to have septic and have now been annexed into the City. The City is bearing 1 the expenses of these problems, why should the City have to assume this burden for future subdivisions. A motion was made by Ray Capley to table this request until the next meeting (9/15/97), seconded by Mark Clark. Motion denied, 3 in favor(Ray Capley, Mark Clark, Richard Eckman), 3 opposed (Steve Ahrens, Tim Owen, Cecilia Wood). Mark Clark questioned when the last variance of this sort was granted,it is unknown,the last few tocome before the board have been denied. A motion was made by Tim Owen to approve the Land Study and deny the request for the variance, seconded by Ray Capley. Motion carried, all in favor(6). The Parkers may reapply for the variance at the Preliminary Plat stage. CITIZEN PARTICIPATION None ADJOURNMENT A motion was made to adjourn by Tim Owen, seconded by Steve Ahrens. Motion carried, all in favor(6). Respectfully submitted, Richard Eckman, Chairman Rebecca Rogers, Secretary • / Planning & Zoning Commission #1 Public Hearing Item Re: Recommendation for Approval of a Zone Change October 20, 1997 Issue Hold a Public Hearing and consider making a recommendation to the City Council on a request made by D. R. Horton for a zone change from "MF", Multi-Family and "B-1", Business to "SF-3", Single Family-3 for a 56.287 acre tract of land, located directly north of the Newport Harbor Subdivision, east of FM 1378, and further described as the James McUlmurry Survey, Abstract No. 629, Tract 5. Background D. R. Horton has applied for a zone change on property currently owned by the Baylor Health Care System Foundation and has the permission of the Baylor Health Care System Foundation to seek the requested zone change. The property is located on the east side of FM 1378, directly north of Phase I of the Newport Harbor Subdivision. The current zoning on the property, established in 1985, was a combination of "MF", Multi-Family and "B-1", Business. The Comprehensive Plan, adopted by the City of Wylie in 1994, recognized the zoning in place in the Land Use Map. However, the Comprehensive Plan calls for the predominate land use for the City of Wylie to be low density residential and the use of single family residential would be more desirable in this particular location than the multi-family use or the more intense commercial use of"B-1". The SF-3 zoning classification satisfies the definition of low density residential. The proposed zoning in this subdivision continues the established pattern of single family residential development in the area. The northern boundary of the property is the northern City Limits of the City of Wylie. FM 1378 is located to the west and is the western City Limits. The eastern edge of the subdivision is the City Limit shared with the City of St. Paul. Since none of these areas are in the City of Wylie, there is no zoning established on these tracts of land. The southern edge of this property is bounded by the Newport Harbor Subdivision which is zoned SF-3. Financial Considerations The Zoning Application fee of$250 has been paid. Other Considerations Under Article 9, Section 2 (B2) of the Wylie Home Rule Charter, it states that the Planning and Zoning Commission will recommend to Council proposed ordinances and amendments regarding planning and zoning changes. Staff Recommendations Staff recommends approval of this zone change request. This request conforms to all regulations and requirements of the City of Wylie. Attachments Zone Change Application, Public Hearing Notice, Property Owners List and Responses, Location Map, Area Zoning Map. Citizens who spoke against the Zone change for D.R. Horton at the 10/20/97 P&Z Meeting. Bret Voltare, 1511 Anchor Drive Don Naggs, 1518 Schooner Bay Drive Paul Jones, 1307 Anchor Drive Julie Schmader, 1308 Anchor Drive Bill Howard, 1408 Anchor Drive Mike Pates, 1311 Anchor Drive Gillian Kelby, 1307 Anchor Drive Dan Fox, 1222 Anchor Drive Jim Pierce, 1503 Schooner Bay Drive Lance Winger, 1304 Anchor Drive Steven VanGee, 2210 Country Club Road(FM 1378) BillyJo Swaner, 102 Tanglewood Circle