06-04-2013 (Planning & Zoning) Minutes j4/1 Wylie Planning and Zoning
Commission
CITY OF WYLIE
Minutes
Wylie Planning & Zoning Commission
Tuesday June 4, 2013—6:30 pm
Wylie Municipal Complex—Council Chambers
300 Country Club Road, Building 100
CALL TO ORDER
Chairman Phillip Johnston called the meeting to order at 6:31PM. Present with Chairman
Johnston were; Vice-Chairman Gilbert Tamez, Commissioner F. Darnell Harris,
Commissioner David Dahl, Commissioner Ron Smith, and Commissioner Ruthie Wright.
Commissioner Ramona Kopchenko arrived late.
Staff present was Renae' 011ie, Planning Director, Jasen Haskins, Planner, and Mary
Bradley, Administrative Assistant.
INVOCATION & PLEDGE OF ALLEGIANCE
Commissioner Wright gave the invocation and Commissioner Dahl led the Pledge of
Allegiance.
CITIZENS COMMENTS
Chairman Johnston opened the Citizens Participation. With no one approaching the
Commissioners, Chairman Johnston closed the Citizens Participation.
CONSENT ITEMS
1. Consider and act upon approval of the Minutes from the May 7, 2013, Regular
Meeting.
Board Action
A motion was made by Commissioner Smith,and seconded by Commissioner Tamez,
to approve the Minutes from the May 7, 2013 Regular Meeting as presented. A vote
was taken and passed 6 0,with Commissioner Kopchenko arriving after the vote.
REGULAR AGENDA
Minutes June 04,2013
Wylie Planning and Zoning Board
Page 1of8
Regular Agenda
1. Consider a recommendation to the City Council regarding a Preliminary Plat for Wal-
Mart Store #6078, being a portion of Tract 4 of Creekside Development within the
John H. Mitchell Survey. Subject property generally located on the northeast corner
of McMillian and McCreary.
Mr. Haskins stated that the Preliminary Plat will create two commercial lots on
approximately 6.3 acres. Lot 1 will be 5.254 acres and Lot 2 will be 0.648 acres.
The Site Plan for Lot 1 is on the current agenda, and the proposed use is Wal-
Mart Store#6078.
The property is part of the Creekside Planned Development (Ordinance 99-32),
which was approved in October 1999.
The Plat complies with the Development Plan which was approved with the
Planned Development and also the Comprehensive Development Plan.
Board Discussion
Commissioner Dahl questioned the zoning underlying the Planned Development.
Mr. Haskins stated that the zoning is Business 1, which is similar to the current
zoning district of Community Retail or Commercial Corridor.
Commissioner Tamez questioned the use for Lot 2, 0.648 acres, and questioned if
the property will be developed as a fuel station. Mr. Haskins stated that there are
no submittals at this time. Ms. 011ie stated that a fuel station is allowed with a
specific use permit, according to the Ordinance in place when the Planned
Development was approved.
A traffic signal is proposed to be installed at the corner of McMillan and
McCreary Road.
Mr. Heath Voyles, Kimley-Horn, 5750 Genesis Court, Suite 200, Frisco, Texas,
representative for Engineering Firm, stated that the property is not owned by the
applicant at this time.
Public Comments
In attendance were several citizens that resided within the Creekside
Development, all speaking against the proposed development. Ms. Jennifer Smith,
Mr. Jeff White, Ms. Kathryn Gonzales, Mr. Ray Rastelli, and Mr. David
Andrews, all expressed concern of the traffic, conditions of the road, noise level
and close proximity to schools.
Board Action
A motion was made by Commissioner Dahl, and seconded by Commissioner
Harris, to recommend approval to the City Council for Preliminary Plat for
Minutes June 04,2013
Wylie Planning and Zoning Board
Page 2 of 8
Creekside Wal-Mart Addition. Motion carried 6 1, with Commissioner Tamez
voting against.
2. Consider, and act upon, approval for a Site Plan for Wal-Mart Store #6078 being a
portion of Tract 4 of Creekside Development within the John H. Mitchell Survey.
Subject property generally located on the northeast corner of McMillian and
McCreary.
Mr. Haskins stated that the applicant is proposing to construct a general
merchandise and market food store on approximately 6.3 acres, located on the
northeast corner of McMillian Road and McCreary Road. The property is part of
Planned Development(Ordinance 99-32), that was approved in October 1999.
Although the Creekside is predominately residential development a portion of the
property along frontage on both McCreary Road and McMillan Road are zoned
Business-1. In 1999, the Zoning Ordinance classified the Business-1 District
similar to the current zoning district for Commercial Corridor or Community
Retail. In 2007, an Assisted Living/Nursing Facility was developed just north of
this proposed development.
The proposed use is Wal-Mart Neighborhood Market totaling 42,064 square feet.
The use is consistent with both the Planned Development and the latest City
Comprehensive Development Plan.
The primary exterior building materials consist of Split face Composite Masonry
Unit (CMU), Stone, and EFIS. The Site Plan does meet the minimums for site,
landscape and architectural requirements in the Zoning Ordinance. The one
exception to that is the oversized proposed monument sign, which will go before
Construction Code Board for review.
Board Discussion
Commissioner Dahl stated that the purpose of constructing a Wal-Mart store is to
serve the neighborhood. Commissioner Smith expressed concern of five to ten
years down the road, Wal-Mart moves out of the facility and leaves an empty
building. Commissioner Johnston questioned the hours of operation.
Commissioner Kopchenko expressed concern of the applicant meeting the
minimum requirements for landscaping and architectural requirements. Ms. 011ie
stated that on straight zoning, the applicant can meet the minimum requirements.
However, the Commissioners may require the landscaping and architectural
requirements to be innovative due to the property being within a Planned
Development. By being innovative, the landscaping and architectural
requirements should be over and beyond the minimum standards of the Zoning
Ordinance. Commissioner Kopchenko stated that the proposed Site Plan does not
show any innovative, and does not meet the minimum standards of a Planned
Development.
Minutes June 04,2013
Wylie Planning and Zoning Board
Page 3 of 8
Mr. Myron Dornick, Jackson & Walker, 901 Main Street, Dallas, Texas,
representative for Wal-Mart, stated that the proposed Site Plan meets all
requirements. In response to the concerns of the locations this proposal fits within
the Wal-Mart strategy to have a Neighborhood Market Store in between the super
centers. The Neighborhood Market Store will serve the neighborhoods between
the super centers, and long-term strategy.
Mr. Ty Holcomb, RHK Architectures, 221 N. Record, Suite 222, Dallas, Texas,
stated that the proposed site plan meets the minimum requirements from the
ordinance. The Ordinance specifically stated 20%masonry on the front elevations
and added brick materials to the front as well as to the side facing the corner of
McCreary Road and McMillen Road. Ms. 011ie clarified that the ordinance
requires 20% stone, not masonry. The ordinance requires 100% masonry and 20%
stone on the front facade.
Commissioner Tamez expressed concern of the traffic having to make a u-turn
north of the proposed Wal-Mart. He expressed concern of the six foot masonry
wall, and desires to have an eight foot masonry wall. He also questioned the trash
compactor. Mr. Holcomb stated that the trash compactor is fully enclosed,
odorless, and connected to the building. Commissioner Tamez expressed concern
for the drainage.
Mr. Heath Voyles, Kimley-Horn Engineers, 5750 Genesis Court, Suite 200,
Frisco, Texas, stated that the drainage is being reviewed, and working with the
existing property owner to the east. Currently, there is a drainage easement at the
south east corner of Garnet Hill property, and the intention is to connect with the
drainage easement underground, which will not impact the neighbors. He stated
that they are requesting a median opening to the northern side off McCreary,
allowing a left-turn lane in and out. The southern drive will be right turn in and
right turn out, no median opening. He stated that an eight foot wall will be
requested to the applicant. The city is installing a traffic signal at the corner of
McCreary Road and McMillen Road.
Commissioner Smith questioned if a community impact study was done, and how
the proposed use will impact the adjacent community. Mr. Voyles stated that a
development study has not been done.
Commissioner Wright was recused.
Public Comments
In attendance were several citizens that resided within the Creekside
Development, all speaking against the proposed development. Mr. Ray Rastelli,
Ms. Melissa Heller, Mr. Scott Moore, Ms. Cindy Bogart, Ms. Myra Snipes, Mr.
Michael Davis, Mr. Nick Seibert, Mr. Michael Frioni, Ms. Jennifer Smith, Ms.
Kathryn Gonzales, Mr. David Andrews, Ms. Liz Tamez, Ms. Betty Cable, and
Mr. Jeff White, all expressed traffic, architectural design, wall screening, lack of
reaching out to community, noise of delivery large trucks, close proximity of
Minutes June 04,2013
Wylie Planning and Zoning Board
Page 4 of 8
other Wal-Mart Stores and close proximity of schools. Mr. Nathan Scott residing
outside Creekside Estates expressed concern of traffic impact, lighting,
community vision and close proximity of other Wal-Mart Stores.
Board Action
Mr. Holcomb respectively requested to table the Site Plan until July 2, 2013, at
which time a revised architectural design would be submitted. Chairman Johnston
recommended meeting with Home Owners Association prior to meeting on July
2, 2013-
A motion was made by Commissioner Smith, and seconded by Commissioner
Dahl, to table the Site Plan until July 2,2013. Motion carried 6 0.
Chairman Johnston called for a five minute break.
Public Hearing
1. Hold a Public Hearing and consider a recommendation to the City Council regarding
a change in zoning from Agricultural (A/30) to Planned Development Single Family
Detached District (PD-SF) to accommodate a proposed single family residential
subdivision on an approximate 28 acre tract generally located on South Ballard
approximately 1000' south of Alanis. ZC 2013-01 (Tabled from May 7, 2013
Meeting).
A motion was made by Commissioner Dahl, and seconded by Commissioner
Smith to remove the Public Hearing item from the table. Motion carried 6 -- 0.
Mr. Haskins stated that the original application was to change the zoning from
Agricultural to Planned Development Single Family Detached District. The
concept was in general in compliance with the Comprehensive Plan. The item was
tabled at the last meeting and did go before the Parks Board. However, the
applicant continues to have unresolved issues. The applicant is requesting to
withdraw the Planned Development at this time.
The issues that the applicant was facing were the lack of innovatively for name or
theme for the subdivision. The detention pond was not resolved satisfactorily.
The neighboring property owner's response was significantly in opposition
regarding the lot sizes and house size. The proposed connection to Estates Lane,
which is in the County for an emergency only entrance was not established.
Public Comments
Chairman Johnston continued the Public Hearing.
In attendance were several property owners that reside within Colonial Acres,
which is outside the city limits. Ms. June Nance, Ms. Betty Montgomery, Ms.
Carolyn Allen, Mr. Marty Williams, Mr. Jake Vickhair, Mr. Terry Hammon, and
Mr. Johnny Kemp all expressed desire to have larger lots, and drainage
Minutes June 04,2013
Wylie Planning and Zoning Board
Page 5 of 8
easements, and access to Colonial Acres. Ms. Sue Nickels, 1 Gold Road, resides
on the other side of the proposed property from Colonial Acres, spoke in
opposition of the size of the lots.
Chairman Johnston closed the Public Hearing.
Board Action
A motion was made by Commissioner Dahl, and seconded by Commissioner
Tamez, to recommend approval of the request to withdrawal. Motion carried 6
0. Commissioner Wright was absent
2. Hold a Public Hearing and consider a recommendation to the City Council regarding
a change in zoning from Agricultural (A.30) to Planned Development Single Family
Detached District (PD-SF) to accommodate a proposed single family residential
subdivision on an approximate 292 acres, generally located on the Southeast corner of
Sachse Road and Pleasant Valley Road. ZC 2013-02
Ms. 011ie stated that the applicant is Jerry Sylo JB1 Partners, Inc. and Ron
Haynes, Haynes Development Company. The item is to establish permanent
zoning on approximately 292 acres. The Planned Development is to allow
suburban single family residential neighborhood, while preserving natural open
spaces and providing pedestrian paths and connections in its design.
The southern portion of the property is heavily vegetated, varying degrees of
topography, mostly sloping south. Power line and water easements bi-sect the
overall property, creating a unique layout and limitations in development. In
addition, there is a 100 foot Atmos Gas easement that runs the length of the
property line along South Ballard and Pleasant Valley Road. The applicant will
give a presentation which will show innovative design to work in all the
limitations due to the easements.
In summary, the development creates over 1,000 homes, with the maximum
density of 2.9 homes per gross acre. The development proposes three types of
minimum house size and lot size. Type A will have a minimum of 10 percent of
8,400 square feet lot size with a minimum 2,500 square feet dwelling size. Type B
will have a minimum of 7,200 square feet lot size with a minimum of 2,250
square feet dwelling size. Type C will have a maximum 60 percent 6,000 square
foot lots with a minimum of 2,000 square feet dwelling sizes.
Ten notifications were mailed, with one (1) written response in favor of the
request and no request opposing the request.
Board Discussion
Mr. Ron Haynes, Haynes Development Company, P. O. Box 346 Dallas, Texas,
the applicant for the proposed Planned Development, gave a presentation to the
Commissioners comparing the proposed to an existing development called
Dominion Panther Creek in Frisco.
The property is divided into three tracts and several easements across property
175 foot wide utility easement.
Minutes June 04,2013
Wylie Planning and Zoning Board
Page 6 of 8
A jogging trail is proposed along Ballard and Pleasant Valley, which will provide
a screening for the residential homes and the streets. The proposal includes about
three miles of trails within the community, amenity center, and three playground
open space inside the development.
In summary, the proposed price range is $250,000 to approximately $400,000,
with extensive architectural house standards, significant amenity center, large
neighborhood pool, playgrounds, open space, meandering streets, grand entryway
monuments and extensive trees planted by home builder and developer.
Commissioner Tamez expressed desire to change the side yard setbacks from five
feet to seven to ten feet. Mr. Haynes stated that the side yard setbacks will not
make a difference to the consumer.
Commissioner Kopchenko expressed opposition of starter homes and price point.
Mr. Haynes stated that the community aspect of the amount of amenities within a
community is what drives the quality of homes.
Public Comments
Chairman Johnston opened Public Hearing.
Mr. Joe Strong, 6405 Pleasant Valley, Ms. Alexis Tapp, 2250 Sachse Road and
Mr. Steve Montgomery, 215 Colonial, all spoke in opposition of the proposed
development, and desired for larger lots. Mr. Haynes stated that a traffic study
was done by the North Texas Council of Government. Ballard Road is projected
to be a six-lane to connect to Sachse Road to Highway 78. Pleasant Valley is set
to be an improved collector roadway; the impact fees from the proposed
development will pay for the improvements.
Ms. Beth Johnston, 1604 Pleasant Valley, recommended moving the amenity
center away from the sewerage treatment plant, and recommended a type of
buffering to the existing properties.
Chairman Johnston closed the Public Hearing.
Board Action
A motion was made by Commissioner Dahl, and seconded by Commissioner
Harris, to recommend approval for the Zoning Change from Agricultural (A 30)
to Planned Development Single Family Detached District (PD-SF). Zoning
Change 2013-02. Motion carried 5 — I, with Commissioner Kopchenko voting in
opposition. Commissioner Wright was absent.
Minutes June 04,2013
Wylie Planning and Zoning Board
Page 7 of 8
MISCELLANEOUS
Ms. 011ie stated that this was the last meeting for Commissioner Kopchenko and
Commissioner Wright, as they are stepping down from volunteering as Commissioners.
Their opinions and insight has been invaluable throughout the years of serving. Good
luck in all that you do, Commissioner Kopchenko and Commissioner Wright.
ADJOURNMENT
A motion was made by Commissioner Dahl, seconded by Commissioner Smith, to
adjourn the meeting at 10:1 1 pm. All Commissioners were in consensus.
Gilbert Tamez,Vice- rman
ATTEST:
rr
0,_
Mar Bra ley, Administrati Assistant
Minutes June 04, 2013
Wylie Planning and Zoning Board
Page 8 of 8
AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OF Co/firs §
I, Rtri4use.. Wright , a member of the Wylie City Council make this affidavit and hereby
on oath state the felllowing:
1. I, and/or a person or persons related to me in the first degree by consanguinity
or affinity, as determined under Chapter 573, Government Code, (hereinafter referred to as
"relative") have a substantial interest in (place an "x" by the paragraph(s) that apply):
a business entity which could receive a special economic effect on the
business entity that is distinguishable from the effect on the public;
and/or
real property which is reasonably foreseeable to receive a special
economic effect on the value of the property distinguishable from its
effect on the public,
as a result of a vote or decision of the City Council as those terms are defined in Chapter
171, Local Government Code.
2. Complete as applicable (place an "x" by the paragraph(s) that apply):
X The business entity is U-mar+ . I/we have a
substantial interest in this business entity for the following reasons(place an"x"
by the paragraph(s) that apply):
I and/or my relative own 10% or more of the voting shares of the
business entity or I and/or my relative own either 10% or more or
$15,000.00 or more of the fair market value of the business entity;
and/or
X funds received by me and/or my relative exceed 10% of my
and/or my relative's gross income for the previous year.
The real property is described as and is
generally located at . I/we have a
substantial interest in this property because the interest is an equitable or legal
ownership with a fair market value of $2,500.00 or more.
A relative of mine has substantial interest in the business entity or
property that would be affected by my decision of the public body of which I am
a member.
Other:
CONFLICT OF INTEREST AFFIDAVIT—Page 1
C:lUsers\mbradley\AppDatalLocallMicrosoft\Windows\Temporary Internet Files\Content.Outlook18H0F13501Conflict of
Interest Form for Council Meetings 2009.doc
Upon the filing of this affidavit with the City Secretary of the City of Wylie, Texas, I affirm that
I will abstain from voting on any decision involving this business entity and/or real property
and from any further participation on this matter whatsoever.
41,. T
Signed this �--1- day of ,n ��-Q__ , 200
143,(1)C eL)JCJ
COFFIC L
Title: o'Y)L.Cit
FORE ME, the undersigned authority, this day personally appeared
u` ni t. 1 Jp n -L- and on oath stated that the facts hereinabove stated are true to the
best of their knowledge and belief.
Sworn to and subscribed before me on th day of tj,fle , 2013.
di ‘(• &Woo&
„ARY Pi": MARY V BRADLEY Notary P blic in and for th State of Texas
_° ��' NOTARY PUBLIC
* " * STATE OF TEXAS
,,,, tE+4? My Comm Expires 01-31-2017 My commission expires: 0 L-3 tract 9
CONFLICT OF INTEREST AFFIDAVIT-Page 2
C:1Users\mbradleylAppDatalLocallMicrosoftlWindows\Temporary Internet Files\Content.Outlookl8H0F13501Conflict of
Interest Form for Council Meetings 2009.doc