Loading...
05-01-2001 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting May 1, 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: Steve Ahrens Claude Thompson, Planner William Chapman Michael George Mike Phillips Carter Porter Tony Snider Commissioners Absent: Gary Wiseman PREMEETING The Premeeting was convened at 6:30 p.m.. Thompson reviewed the Planning Report and addressed questions from the Commissioners. CALL TO ORDER Chairman George called the Regular Meeting to order at 7:04 p.m. PLEDGE AND INVOCATION Commissioner George offered the Invocation and Commissioner Phillip led the Pledge of Allegiance. CITIZEN PARTICIPATION No one appeared to speak. CONSENT AGENDA ITEM 1. Welcome new Commissioner Mike Phillips. P&Z Meeting May 1, 2001 Page 2 Chairman George acknowledged the presence of Commissioner Mike Phillips. Commissioner Phillips was appointed by the City Council on Tuesday, April 24, 2001 to complete the term of Phillip Trammel and was officially sworn in by the City Secretary at the Commission's Work Session on Monday, April 30, 2001. 2. Consider excusing the absence of Commissioner Chapman from the April 17, 2001 Regular Meeting. Thompson noted that the Commission's adopted Rules of Procedures provide that three consecutive unexcused absences from meetings make a Commissioner subject to dismissal and lists illness as a valid excuse for an absence. At their April 17, 2001 meeting, Commissioners recommended revision of the Commission's Procedure to eliminate the limited specific reasons for which an excuse may be granted in order to make the Commission's Procedure like the City Charter. Also on April 17, Commissioners recommended that approval of excused absences be voted on by the entire Commission, concluding that it is inappropriate for either staff or Chairman to decide unilaterally the validity of such excuses. Commissioner George suggested that it may be inappropriate to open the personal lives of Commissioners to public review by the public notice and vote required by a vote of the Commission. Varied alternatives for approving and documenting excuses were discussed, but no decision was concluded. Motion was made Commissioner Snider, seconded by Commissioner Ahrens, to table the discussion indefinitely until staff can prepare alternative procedures for consideration. Motioned passed 6-0. 3. Consider and act upon approval of the Minutes of the April 17, 2001 Regular Meeting and the April 23, 2001 Special Work Session. Commissioner Porter noted that his name was called incorrectly in the third paragraph from the bottom on page 2. Commissioner Ahrens noted the he asked about the adequacy of the fire lane in the last paragraph of page 2 and Commissioner Snider noted that he expressed that the 8.5 side yard was an appropriate compromise in the third paragraph on page 6, where specific names were omitted. Motion to approve the minutes of April 17 Regular Meeting with corrected Commissioners' names and the minutes of April 23 Work Session as submitted was made by Commissioner Ahrens, seconded by Commissioner Snider. Motion passed 6-0. P&Z Meeting May 1, 2001 Page 3 ACTION ITEMS 1. Consider a recommendation to the City Council regarding a waiver of alleys for Lots 16 through 30 of Block L and Lots 78 through 97 of Block E of the Twin Lakes Phase IV Addition, generally located to the east of South Ballard Avenue (C.R. 819), north of Alanis Drive and east of the Twin Lakes II Addition, being situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. Thompson noted that the Commission and Council had recently denied a request to waive the required alleys completely throughout Phase IV, and that the current request was for a waiver of only those alleys serving 35 lots within that portion of Phase IV which is north of Alanis Drive and adjoining Phase III which was earlier constructed and accepted without alleys. Thompson stated that the applicant has expressed the intention to provide alleys in the remainder of Phase IV which is south of Alanis, as illustrated on the approved Preliminary Plat and required by City code. Utilities and drainage are appropriately addressed in easements for the area of the subject waiver request, and staff recommends approval of the requested waiver. Robert Betancur of Zena Land Development, P.O. Box 92864, Southlake, Texas, 76092, was present to address concerns related to the request. Commissioners asked if the Council is willing to support the waiver of alleys, considering the apparent change in attitude. Thompson responded that it is staffs opinion that alleys are still generally desired as well as required, but that it is recognized that alleys are not appropriate or feasible in some specific locations. Requests such as the current one will still be considered when warranted by special circumstances and waivers will be considered and voted on specifically in order to build a file record of actions. Motion to approve was made by Commissioner Porter, seconded by Commissioner Ahrens. Motion passed 6-0. 2. Consider a recommendation to the City Council regarding a waiver of alleys and a Final Plat for the Harvest Bend Phase II Addition, generally located southeast of Parker Road (F.M. 2514) and north of the Harvest Bend Phase I Addition, being all of a certain 16.371 acre tract situated in the W.D. Penny Survey, Abstract No. 696, City of Wylie, Collin County, Texas. Thompson reported that the subject Final Plat conforms to the approved Preliminary Plat and complies with all technical requirements of the City codes except for the absence of alleys. Staff recommends approval. P&Z Meeting May 1, 2001 Page 4 Engineer Bub Douphrate, 2235 Ridge Road, Rockwall, Texas, 75087, and owner Bill Wait, 2314 East Hebron Parkway, Carrollton, Texas 75010, were present to represent the request. Commissioner George questioned if the total number of lots in this Phase remains the same as indicated on the Preliminary Plat. Thompson responded that the total number of lots has not changed. Douphrate responded that the lot count remains the same, and that the slight difference in lot alignment is due to adjustments in the accuracy of the final engineering layout and calculations but he could not point out specific changes. Commissioner Ahrens questioned why a screen wall was not required rather than the live plant hedge noted on the Plat and whether the hedge may be a hazard to traffic along the curved roadway of Parker Road. Commissioner Porter recommended that a plant other than the Red Tip Photinia be used. Several Commissioners expressed concern for the inconsistency in height, materials and design of perimeter fences installed by individual homeowners. Thompson responded that the code allows wood fence, masonry wall, earth berm or plant hedge, and that the Commission and Council had earlier approved the live plant hedge, and that regardless of material, the screen will be located on private property and privately maintained. Wait responded that a voluntary Homeowners Association is already in place to provide maintenance of the screen. At the recommendation of several Commissioners, he suggested that he will initially provide a common wood fence between masonry columns to the inside of the plant hedge. Commissioners suggested that the unified fence would be a better screen than the hedge and irrigation can be eliminated if the plants are eliminated. Commissioner Ahrens questioned why rear-entry garages in Phase I of Harvest Bend have been allowed to use the alley constructed as part of the Point North development, when it was his understanding that no access to this alley was a condition of approval of the earlier Harvest Bend Phase I Plat. Thompson responded that neither minutes of the meetings nor notes on the approved plats limit access to the public alley, and that the alley is a public right-of-way to which access can not be legally denied, by Council action or platted reserve strip. Motion was made by Commissioner Phillips, seconded by Commissioner Snider, to recommend approval of the Final Plat with the stipulation that the note on the plant screen hedge be revised to require a wood fence eight feet in height be installed between masonry columns approximately 100 feet on center but placed at the property lines. Motion passed 6-0. 3. Consider a recommendation to the City Council regarding a Final Plat for the Cimarron Estates Phase I Addition, including variances to the requirements for alleys and thoroughfare screening, generally located north of Brown of Brown Street, east of Kreymer Lane and east of the Wylie Ranch East Phase I Addition, being all of a certain 54.336 acre tract situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. P&Z Meeting May 1, 2001 Page 5 Thompson reported that the subject Plat conforms to the approved Preliminary Plat. He noted that no alleys are provided along Brown to the south or adjacent to the nonresidential properties to the north. Along Anson, the applicant will install masonry columns on private property at front building lines with wrought iron for attachment of the future private fences of wood. The developer will also initially provide a unified wood fence to screen lots which back on to Brown. Richard Hovas, of Tipton Engineers, 6330 Broadway Boulevard, Suite C, Garland, Texas 75043 was present to represent the Plat. Commissioner George asked how drainage from the subdivision to the west is to be handled and how such drainage devices will effect use of the park. Hovas responded that all storm drainage within the new addition will be underground. Drop inlets will collect water from the west and from within the park and pipe it off to the southeast through the new underground system. The inlets and surface swales will not limit park use. Commissioner Ahrens questioned the length of cul-de-sacs and streets. Hovas pointed out the dimensions on the Plat and responded that all streets comply with maximum lengths required by the City codes. Motion to recommend approval of the Final Plat, stipulating that the developer provide masonry columns and wrought iron fencing at cul-de-sacs abutting Anson and a unified screen fence along Brown as well as a partial waiver of alleys along the perimeters, was made by Commissioner Snider, seconded by Commissioner Porter. Motion passed 6-0. PUBLIC HEARINGS 1. Hold a public hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) District to Industrial (I) District, generally located north of West Kirby Street (F.M. 544) and west of Westgate Way, being a 3.66 tract situated in the E.C. Davidson Survey, Abstract No. 266, City of Wylie, Collin County, Texas. (Zoning Case No. 01-04) Thompson reported that the applicant intends initially to use the existing house and barn for office and equipment storage in order to relocate his business to the site. The use is consistent with the recommended Business Center of Comprehensive Plan, anticipated to include such uses as professional offices and clean manufacturing/assembly. Staff recommends approval. John Mcllvain, 4557 Bently Drive, Plano, 75093 testified that his business installs and maintains large windows, and that there will be no storage on the subject property because equipment is normally kept on the individual job sites. At a later date, he hopes to construct a new office/warehouse on the property. P&Z Meeting May 1, 2001 Page 6 Commissioner Snider expressed concern that the requested Industrial classification allows more intensive and possibly incompatible uses than anticipated by the proposed use and asked if another zoning district might not both better accommodate this use and guard against future undesirable uses. Thompson responded that the use could be accommodated in the Office district or the Retail or Business-1 districts, but the staff recommended Industrial as an expansion to adjacent Industrial zone on the east to avoid illegal "spot zoning" of the small, disconnected parcel. Another zoning district cannot be considered without denying the current request and readvertising the request at a later date. He mentioned that all zoning in the area will be transitioned to the not-yet-created Business Park district when revisions to the Zoning Ordinance are completed, and the applicant is aware that the classification may be temporary. Commissioner Ahrens expressed the concern that this type of use is not what has been envisioned for the Business Center. Thompson noted that, while he understood the concern that more intensive industrial uses would be allowed if the current request failed, the recently- approved Retail uses are less compatible with the Business Center as defined by the Comprehensive Plan than is the proposed light industrial use. Motion to approve was made by Commissioner Porter, seconded by Commissioner Chapman, to recommend approval. Motion passed 5-1, Commissioner Ahrens voting no. WORK SESSION 1. Discuss revisions to the Zoning Ordinance. Discussion of revisions to the Zoning Ordinance was postponed until a Special Work Session on Monday, May 7, as decided at the Special Work Session on Monday, April 30. ADJOURNMENT Motion to adjourn was made by Commissioner Ahrens, seconded by Commissioner Snider. Motion passed 6-0, and the meeting was adjourned at 8:45 p.m.. Michael George, Chairman Claude Thompson, Planner