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09-18-2001 (Planning & Zoning) Agenda Packet AGENDA PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS - WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Tuesday, September 18, 2001 7:00 p.m. A Pre-Meeting Session will begin at 6:30 p.m. for staff/Commission review of Agenda items. CALL TO ORDER INVOCATION & PLEDGE OF ALLEGIANCE CITIZEN PARTICIPATION CONSENT AGENDA 1. Consider and act upon approval of the Minutes from the September 4, 2001 Regular Meeting. ACTION AGENDA 1. Consider a recommendation to the City Council regarding a Final Plat for the Kirby 78 Addition, being all of a certain 2.4717 acre tract of land, being a portion of the property conveyed to Greenway-78, L.P. by deed recorded in Volume 4886 at Page 4459 off the Deed Records of Collin County, Texas, and being the property conveyed to Greenway-78, L.P. by deed recorded as Document No. 2001-0102217 of the Deed Records of Collin County, Texas, being situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas. WORK SESSION 1. Discuss potential revision to the Subdivision Regulations and platting process. ADJOURNMENT Posted Friday, September 14, 2001, 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 September 4, 2001 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 Claude Thompson, Planner Michael George Mary V. Bradley, Secretary Mike Phillips Carter Porter Commission Members Absent: Steve Ahrens Tony Snider Gary Wiseman CALL TO ORDER Chairman George called the Regular Meeting to order at 7:07 p.m. PLEDGE AND INVOCATION Chairman 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 August 21, 2001 Regular Meeting. Motion was made by Commissioner Phillips, seconded by Commissioner Chapman to approve the minutes with no changes noted. Motion passed 4—0. P &Z Commission September 4, 2001 Page 2 of 6 PUBLIC HEARING AGENDA 1. Hold a public hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Planned Development (PD) District for Single-Family Residential uses, for a 41.743 acre tract of land, being part of a 28.5675 acre tract and all of a 27.4522 acre tract conveyed to Thomas Mannewitz by deed recorded in County Clerk's File Number 92-0064130 of the Deed records of Collin County, Texas, being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. (Zoning Case No. 01-10) Thompson reviewed the surrounding properties, stating that the subject property contains a total of 41.743 acres of land, and fronts a distance of approximately 1,075 feet along Lakefield Drive. The Comprehensive Plan recommends Suburban Residential use for this property. Suburban Residential is defined by the Comprehensive Plan as allowing single-family detached houses on lots ranging in size from a minimum area of 8,500 square feet to one acre. However, the Zoning Ordinance interprets that Suburban Residential as lots sizes above 10,000 square feet and includes the 8,500 square feet as Village Residential. Commissioner George requested the sizes of the lots adjacent to the subject property. Thompson stated the lot sizes vary from 6,000 square feet to 7,200 square feet, as established by the PD approved in 1999. Ryan Betz and Kevin Spragin, 3729 Manana, Dallas, Texas, representing the Skorburg Company, stated that Lakefield Drive would be expanded into a 6-lane Boulevard. There would be two access drives into the subdivision from the south as well as future access from the east and north. The lot size that is proposed is an average of 8,500 square feet and a minimum of 7,200, and with 97 (66% of the total) lots greater than the 8,500 square feet. Commissioner George asked for specific number of lots that would be 7,200 square feet. Mr. Spragin stated on the preliminary drawing submitted there are a total of 144 lots, with no more than 47 lots that are equal to or less than 8,500. The 7,200 square feet lots will be on the west side and on the south side of the subdivision, which will be a buffer to the adjacent properties that are 6,000 square foot lots. Commissioner George asked how they would balance the whole subdivision out? Mr. Betz stated that the 47 lots measuring 7,200 would be a transition from the existing subdivision on the west with the lot sizes increasing up to over 8,500 square feet toward the east. Mr. Richard Payne, 7950 Elmbrook Drive, Dallas, Texas, representative from Carter & Burgess stated that there are 48 lots that would be 9,300 square feet compared to 30 lots that would be 7,200 square feet. P &Z Commission September 4, 2001 Page 3 of 6 Commissioner Phillips asked about the utility easements along the western property line. Mr. Betz stated that currently there is a gravel road with a non-recorded access and utility easement, which would go away once the roads are paved and dedicated. The utilities are all located within the subdivision to the west. Commissioner George expressed a concern over the lack of curvilinear streets. Mr. Spragins responded that this is something that could be corrected when the Preliminary Plat is presented to the Commission. Thompson cautioned that the Plat must conform closely to the Concept Plan of the PD and any revision of street and lot layout should be reflected in the PD. Commissioner George requested clarification on the side yards. The proposed Planned Development Conditions establish a minimum width of five (5) feet for interior side yards and fifteen (15) feet for interior side yards adjacent to a street, compared to the Zoning Ordinance requiring ten (10) feet for interior side yards and twenty-five (25) feet for side yards adjacent to streets respectively. Mr. Spragin stated that the 10 foot side yard does not allow the wider house pad desired to be built on these size of lots. Options discussed would establish a sideyard of 10% of the front width or allow a 7 '/2 foot side yard. Commissioner George stated that the Commission would like to see wider pads and bigger size lots rather than smaller lot size demanding a reduction in the side yards. Mr. Spragin stated that only the 7,200 square feet lots would have the 7.5 foot side yards and the lots 8,500 and above would have the 10 foot side yards as required in the Zoning Ordinance. Commissioner Porter requested how many total number of lots will be lost if the 25 foot is required for side yards adjacent to streets. Mr. Betz responded that there would be 3 to 4 lots lost on the western edge, and 5 houses on the southern edge, totally approximately 8 lots lost due to the 25 foot side yard. Thompson stated that there are two options available: one is setting a minimum of 10% of the lot width; or set a minimum width regardless of lot width such as 7 or 10 feet. Commissioner George asked what part of the development will benefit the City of Wylie? What will the City of Wylie get back for allowing the development to be built in the City? Mr. Spragin stated that there would be larger lots to the North and Northeast. Mr. Betz stated that the larger lots would transition quickly and nicely from the small lots of existing development. Mr. Spragin stated that there would be a walking trail on the northeast corner, accessed from a private Amenity Center. Commissioner Porter asked where parking for trail and Amenity Center will be located. Mr. Betz stated that the parking would be located completely on the Amenity Center lot and not on a street, but the exact location has not yet been determined. P &Z Commission September 4, 2001 Page 4 of 6 Commissioner Phillips made a motion, seconded by Commissioner Chapman to recommend approval of the PD with changes that side yards shall be 10% of the front width or not less than 6 foot minimum and that side yards adjacent to the street of the three key lots shall be a minimum of 25 foot and that the Amenity Center shall be required with off street parking. Motion passed 3-1, Commissioner George voting denial of the PD. The Commission took a break at 8:11 p.m. and reconvened at 8:18 p.m. 2. Hold a public hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Single-Family Residential— 8.5 (SF-8.5/17) uses, being part of a 95.41 acre tract of land as described in a deed from Lottie Stone recorded in Volume 426, Page 486 of the Collin County Deed Records, being situated in the D. W. Williams Survey, Abstract No. 980, City of Wylie, Collin County, Texas. (Zoning Case No. 01-11) Thompson reviewed the history of the property, stating that it was annexed into the City of Wylie on July 24, 2001. The Comprehensive Plan recommends acreage lots of the Country Residential category with maximum residential densities of .75 dwellings per acre with rural roadways having no curbs. Commissioner George requested clarification on proposed zoning change of the existing SF-3. Thompson responded that all SF-3 will be changed to SF-8.5. Commissioner Phillips requested clarification on the Plans of Lakeshore Drive. Thompson stated that Lakeshore Drive is intended to be a major thoroughfare drive with 6 lanes and not a rural route as anticipated by the Country Residential zoning. Steve Parsons, 16810 Deer Park, Dallas, Texas, stated that the property is currently under contract to purchase, pending approval of zoning. Commissioner George asked if the applicant was intending to build Multi-Family. Mr. Parsons stated his intention currently is not to build Multi-Family or retail on the existing zoning. His desire is to keep the house price down with smaller lot sizes, but to build a similar gpiality as the subdivision to the north. Motion was made by Commissioner Phillips, seconded by Commissioner Porter, to recommend approval of the zoning as submitted. Motion passed 4—0. FLOOR BUSINESS A Special motion was made by Commissioner Porter, seconded by everyone, to celebrate and congratulate Commissioner Chapman on his birthday. The Commission adjourned at 8:42 p.m. to reconvene for a work session in the adjoining Conference Room. P &Z Commission September 4, 2001 Page 5 of 6 WORK SESSION 1. Discuss proposed revisions to the Official Zoning Map. Thompson reported that the Consultant and staff briefed the City Council on proposed revisions to the Official Zoning Map, and Council appears ready to move forward with public hearings. He reviewed the schedule of potential dates for the hearing which allow sufficient time for advertising and mail notification as well as citizen review of copies of proposed revisions. The best and earliest available date for the hearing by the Planning & Zoning Commission is October 16, for which the newspaper publication will be September 26 and notices mailed no later than October 5. The Council could then hold a hearing on November 13 or 27 (the 27th is the appropriate date but Council will likely be out for the Texas Municipal League Conference). This schedule will allow time for additional hearings and the adoption of revisions to the Zoning text and map prior to January and Council campaign activity. Commissioner George asked whether or not curvilinear streets should be required. Thompson discussed the strengths and weaknesses of grid and curved street systems. Consultant Ray Stanland responded that curvilinear streets have not been required in the ZO but rather recommended as extra points because curved streets are not always possible or most efficient on our land. Thompson led a discussion of how the proposed Zoning Map conforms to the Comprehensive Plan, noting that some revision to the Plan will be required or desirable. Much of the undeveloped areas will remain classified as Country Residential for large- lot, single-family residential use, and considered as individual rezoning requests are submitted. Stanland led a discussion of the Transition Policies for revision of the Official Zoning Map and noted the changes to the map. Thompson stated that the existing and new zoning maps will be displayed along side one another for public review rather than the potentially confusing overlay of both as been under Commission review. Stanland reported that the proposed map reflects as limited change from the current map as possible, and that geographic areas of unique concern or issues can be pulled out and considered separately as required. Some revision is still allowable and likely from the later public hearings and Commission/Council review. Commissioner Phillips proposed requiring 100% masonry in all nonresidential districts (changing from 75% in BC and I, page 59), and require SUP for batch plants in order to attain time limts of operation even in Industrial (page 84). Commissioners agreed with these changes. There was discussion concerning the difference between mobile and manufactured homes, but Stanland stated that the proposed all-inclusive "manufactured home"category complies with State legislative and court decisions and Commissioners P &Z Commission September 4, 2001 Page 6 of 6 allowed the current wording to remain. Phillips also suggested that alleys be mentioned or illustrated more often, but Stanland responded that alleys were more appropriately the jurisdiction of the Subdivision Regulations and engineering development standards. Motion was made by Commissioner Chapman, seconded by Commissioner Phillips, to call a public hearing on October 16 for the consideration of the proposed changes to text and map. Motion passed 4-0. ADJOURNMENT Motion was made by Commissioner Porter, seconded by Commissioner Phillips, to adjourn. Motion passed 4-0, and the meeting was adjourned at 9:50 p.m. CILL"A Michael George, Chairman radley, Secr ary City of Wylie Action Item No. 1 Final Plat Kirby 78 Addition Planning and Zoning Commission Meeting: September 18, 2001 Owner: Greenway-78, L.P. Surveyor/Engineer: David Petree Location: Generally located at the southwest corner of West Kirby Street (F.M. 544) and State Highway 78 Existing Zoning: Industrial(I) Summary: The Final Plat under consideration will create a single lot of approximately 2.4717 acres, to accommodate a free-standing retail use (CVS Pharmacy). The Plat incorporates the recently abandoned railroad corridor, and accommodates the future improvement of the F.M. 544/S.H. 78 intersection. A Preliminary Plat for the subject property was approved by the City Council on June 26, 2001, and a Site Plan was approved by the Planning and Zoning Commission on July 3, 2001. The property is zoned for Industrial (I) uses. The anticipated pharmacy is currently allowed within the Industrial District. Issues: 1. 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 municipal authority unless it is disapproved within that time period". Final Plat — Kirby 78 Addition 2. Staff has reviewed the proposed Final Plat for the Kirby 78 Addition and found it to conform to the approved Preliminary Plat and to comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. 3. The applicant is aware that a final plat must be approved and development impact fees paid prior to issuance of a building permit. Financial Considerations: Plat application fees—Paid Staff Recommendation: Approval The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments: Preliminary Plat L & OWNER'S CERTIFICATION ——— .i,_--— , COUNTY OF COLLIN i BROWN STREET 1 ,-/ k WHEREAS Greenways-78,L.P.,is the owner of all that certain lot,tract or parcel of.nd situated in the E.C. Davidson Survey,Abstract No.267 and / z/I g — being a portion of the property conveyed to Greenway-78,L.P.by deed recorded / 'q• • 4 /;,, , ma/ ..., in Volume 4886 at Page 4459 of the Deed Records of Collin County,Texas,and also being the property conveyed to Greenway-78,L.P.by deed recorded as w.KIRBY ST / STONE STREET i <,, k‘14, 11'5'‘ Document No.2001-0102217 of the Deed Records of Collin County,Texas,and being more particularly described by metes and bounds as follows: BEGINNING at a found concrete highway monument at the intersection of the South . '& 1/49 1 CTT.297 RD. ASIC,•W. 1;" right-of-way line of F.M.Rood 544,also known as Kirby Street(120 foot 't. ,/W el right of way)and the Westerly corner of said tract conveyed to Greenway-78,L. by deed recorded as Document No.2001-0102217 of the Deed Records of Collin County,Texas same being the Southeast corner of a tract of land conveyed for widening of F.M.544 as recorded in Volume 3943 at Page 2435 of the Deed ,'4"*/ 1 Air,_ Records of Collin County,Texas; 0 20' 40' 80' i.,',÷r 1.1.1 .11MI. fTHENCE South 49.40'37"East along the Northeast line of said tract\\ VICINITY\lAP \\N,t, ir conveyed to Greenway-78,L.P.by deed recorded as Document No.2001-0102217 GRAPHIC SCALE: 1'1=40' of the Deed Records of Collin County,Texos for a distance of 63.28 feet to a NOT-TO-SCALE \, V`,,,,,,, 5/8"iron rod set for corner; • •,,,N. ....—....... \\ n,,,,,,,. Nee THENCE South 18'13'58"East and continuing along the Northeast line of said V•4*# tract conveyed to Greenway-78,L.P.by deed recorded as Document No. \• Si et-'- 2001-0102217 of the Deed Records of Collin County,Texas for a distance of ,R-,P. ‘41/)'. 66.68 feet to a 5/8"iron rod set for corner; Rat 3953 ACRES Nir VO i GE 4. o e,, <,,,, THENCE South 53'33'44"West along the Southeast line of said tract conveyed GREEMVAYS-78,1-,P. 0 4, ...e- to Greenway-78,L.P.by deed recorded as Document No.2001-0102217 of the LUME 4886,PA4 .,,..,. / ed Records of Collin County,Texas same being common to the Northwest line of Ck (<9 State Highway No.78 for a distance of 775.82 feet to a 5/8"iron rod found for . 1,.., / De I, l4;),i, corner,said point being the beginning of a curve to the left having a central CP 1_ <• -4, R %. Q ,< / ongle of 48'07'17"and a radius of 622.96 feet whose center bears North 36.29'31"West and a chord bearing North 29.26'51"East at 507.97 feet; .71%, itS' , • Ak''. /e / '''',,, / , C, R'N THENCE Northeasterly along said curve to the left,same being the Southeast , /I? 4- Aft of a 100 foot wide Railroad right-of-way as described in deed to The 41 4.c#C, 10''''' /// ''''' ,, ,,, / ir‘fe Konsas City Southern Railway Company by deed recorded as Document No. 2001-010225 of the Deed Records of Collin County,Texas,for an arc distance of 1'.,/'''?6‘// / SZ':, 0 A ,., / / —CURVE TABLE- 523.21 feet to a 5/8"iron rod found for corner; THENCE North 05.23'12"East and continuing along said Railroad right-of-way t.,Si'''''V:<,,,,,,;4>%cP +cr.hC). 4'4' i sf. • O'bk,'•; / for a distance of 143.25 feet to a 5/8"iron rod found for corner in the South 1' 1 622.96' I 48.07'17" 1523.21'I N 29.2651 E 1 507.97 I _i_0 0.-,.,,,,, ,, right-of-way line of the aforesaid F.M.544; W.'eoc.'*. s 6-0, ,0 ,, PT.3.953 ACRES 441r. NP 4?N4% c'') THENCE South 86'35'24"East along the South right-of-way line of said F.M. / GREENWAYS-78,L.P. 'r=e,N e ', 544 for a distance of 334.22 to the POINT OF BEGINNING AND CONTAINING 2.4717 ' oCke„.\5' 'A;;,P / VOLUME 4886,PAGE 4459 ' ', *4 i ACRES OF LAND,more or less. •,'" " gtt. . o , ,s.`,'" $ • ,,, ,4 '1'6> NOW,THEREFORE KNOW ALL MEN BY THESE PRESENTS: LOT 1 'sr-, That,I G.H.Stool,do hereby adopt this plot designating therein e '' ,., above described property as KIRBY-78 ADDITION,an addition to the 2 . 4717 ACRES „\ , City of Wylie,Collin County,Texas,and does hereby dedicate to the public use forever easements and right-of-ways shown hereon.The easements shown hereon are hereby reserved for the purposes as indicated.No buildings,fences,trees,shrubs,or other irnprovements or growths shall be POINT OF BEV,I1N4 constructed or placed upon,over,or across the easements and rights-of- - -- 7, •-.. - ', — - wayS--r-is--show-,Said attlity-e-citaments being hereby reserved-for the-- - C) ROWVOr, mutual use and accommodation of all public utilities desiring to use or kuesei npg rseammoev.edAl loa,nodr apnayrpobfl i co nuyti I bi tyundsihnaglls,hfaevnecetsh.e trf eu el I.,ri gshht,utbo 5:Tr oovteh ear n d . „ N„ improvements or growth Which may in any way endanger or interfere with 0.349 ACRES) • -, ,„. •-,4,. the construction,maintenance,or efficiency of its respective system Al the GREENWAY-78,L.P. CO ,, utility easement and all public utilities shall at all times have the full right of s <''''1,, AUGUST 16,2001 NN\''' ingress and egress to or from and upon the said utility easement for the construction,reconstructidn,inspecting,patrolling,maintaining and DOC.NO.2001-0102217 5,,LAS.. '..,;% .„.-, , adding to or removing all or part of its respective systems without the ,ril at any time of procuring the permission of anyone. ,,•5. KANSAS CI,- 44%4., NN• nWelTeN"EsSiStY MY HAND AT WYLIE,TEXAS,this day of ,2001. ,NP cs SOUTHERN RAILWAY CO. k. sN•0, CC#94-0096329 ,,,.., ..„. S 5335144 W-775.8' 5/8'MS.. S 5,3,2.W •3/8-I.RF 5 5.3.3,44,-895.72" FNO.CCWC NW..0N.•4, G.H.Stool,manager Greenway-78,L.P. STATE "Recomended For Approval'. ST ATE I-IIGI-IW AY 78 COUNTY OF COLLIN 0 , BEFORE ME,the undersigned authority,a Notary Public in and for said County and State,on thii date personally appeared G.H.Stool,known to me to be the person whose name is subscribed to the forego',instrument Chairman:Planning and Zoning Commission Date b and acknowledged to me that he executed the same for purpose and '.2 consideration therein expressed. "Approved For Construction" GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of ,2001. Mayor,City of Wylie,Texas Date ,N,loytargmp=onforextphier,..State of Texas "Accepted" SURVEYOR'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS: Mayor,City of Wylie,Toot FINAL PLAT THAT,I,David Petree do hereby certify that I have prepared this plat from on actual and accurate survey Al the land and that the corner monuments shown thereon were properly placed under my supervision in accordance The undersigned,the City Secretary of the City of Wylie,Texas,hereby with the Plotting Rules and Regulations of the City of Wylie. KIRBY 78 ADDITION certifies that the foregoing final plat of the KIRBY 78 ADDITION to the OWNER: GREENWAY-78, L.P. City of Wylie wqs submitted to the City Council on the___day of ROAD AN ADDITION TO THE CITY OF WYLIE ,2001,and the Council,by formal action,then and 2301 CEDAR SPRINGS there accepted the dedication of streets,alleys,parks,public places,and David Petree SUITE 400 BEING LOCATED IN THE water and sewer lines as shown and set forth in and upon said plat and Registered Professional Land Surveyor No.1890 DALLAS, TEXAS 75201 E.C. DAVIDSON SURVEY ABSTRACT 267 said Council further authorized the Mayor to note the acceptance thereof by signing his name as hereinabove subscribed. STATE OF TEXAS () CITY OF WYLIE Witness my hand this day of ,A.D.,2001. COUNTY OF COLLIN () SURVEYOR: DAVID PETREE COLLIN COUNTY,TEXAS BEFORE ME,the undersiped authority,a Notary Public in and for said County 9nd State,on this date .n 11015 MIDWAY ROAD personally appeared David Petree,known to me to be the person whose name is subscribed to.the for,.g DALLAS, TEXAS 75229 PREPARED: SEPTEMBER 12, 2001 instrument andacknowledged to me that he executsame ed the for the ptherein PtYy oSnrVeyt17,Texas mexpressed and acunder oath stated that the statements in the foregoing are true. PHONE: (214) 358-4500 FAX: (214) 358-4600 GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,2001 NOTICE RECEIVED gerdirnl?ine ID'iirtcl°;tge Tas„aadrididticirsi sbLibfre7ttetso afiindes'aunncr sw;its,4,cvill'r',)91°7 uViitice: OCT 0 3 2001 rg= Are=of T"" and building perrnits. CITY OF WYLIE KIRBY/KIR8Y-FIAL4L-PLAT DWG