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09-03-2002 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting September 3, 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 Claude Thompson, Director Michael George Mary V. Bradley, Secretary Don Hughes Terry Capehart, Planner Carter Porter Tony Snider Commission Members Absent: Jeff Adamcik Mike Phillips CALL TO ORDER Chairman George called the Regular Meeting to order at 7:05 p.m. PLEDGE AND INVOCATION Commissioner Snider 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 20, 2002, Regular Meeting. Motion was made by Commissioner Hughes, seconded by Commissioner Porter, to approve the minutes as submitted. Motion passed 5 —0. P&Z Commission Meeting September 3, 2002 Page 2 of 7 ACTION AGENDA 1. Consider a recommendation to the City Council regarding a Final Plat for the Barber Addition, being all of a certain 8.00 acre tract of land, generally located south of F.M. 544 and east of Regency Drive, as described in a deed to Austin Wylie Realty, LTD, as recorded in Volume 4921, Page 1206 of the Deed Records of Collin County, Texas, and being situated in the William Sachse Survey, Abstract No. 835, City of Wylie, Collin County, Texas. Thompson stated that the subject property includes 8.00 acres and will create a single lot for Office/Warehouse uses. This property is located within the Regency Business Park and is zoned Business Center(BC) District. The Final Plat substantially conforms to the approved Site Plan and Preliminary Plat and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. Motion was made by Commissioner Porter, seconded by Commissioner Hughes, to recommend approval of the Final Plat. Motion passed 5 —0. PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Single-Family Residential (SF-8.5/17) to Planned Development (PD) for Single-Family Residential, generally located east of Ballard Street and east of the existing Southplace Phase IV Addition, being a portion of a 48.516 acre tract, as described in County Clerk's File No. 95-0018290 of the Deed Records of Collin County, Texas, and being all of a certain 12.754 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. (Zoning Case 2002-08) Thompson stated that the applicant is requesting rezoning of the subject 12.754 acres to Planned Development (PD) District in order to continue development of the Southplace Estates single-family residential neighborhood in a manner comparable to the existing development. With adoption of the new City-wide Zoning Ordinance and Map in February of 2002, the subject property was rezoned from Single Family-2 Residential to Single-Family 8.5/17 Residential. Both the SF-2 and SF 8.5/17 District require a minimum lot size of 8,500, but dwelling size and other regulations differ. The property abutting the subject tract to the west is Phase IV of the Southplace Estates Addition. Property to the south is platted as the Twin Lakes Addition, and is developing with lots of approximately 7,200 square feet under the previous SF-3 zoning. Property to the north is owned by the Wylie Independent School District and developed as the Intermediate School and sports complex. Property to the east is the City of Wylie Park. P&Z Commission Meeting September 3, 2002 Page 3 of 7 The Comprehensive Plan recommends Suburban Residential use for the subject property, which envisions lots of 10,000 square feet and larger. The stated purpose of a Planned Development District is to permit flexibility and innovation in the use and design of land and development. Thompson stated that the proposed PD offers no enhancement or innovation of the standard requirements of the Zoning Ordinance. The proposed PD would apply with the requirements of the Single Family 8.5/17 Residential District, with some modifications. The front yard requirement of 25 feet will be reduced to 15 feet; the rear yard requirement of 30 feet is proposed to be 20 feet; and the side yard requirement is 7 feet interior and 25 feet for corner lots and is proposed to be 7 feet. The dwelling size requirement is 1,700 square feet and the proposed is 1,500 square feet. Robert Betancur, Zena Land Development, P.O. Box 92864, Southlake, Texas, represented as the applicant, stated that the houses built on the subject property would have side swing garage doors rather than the front entry garages in the existing subdivisions in order to meet the point systems. Commissioners questioned the purpose of changing the houses from front entry garages and side entry garages. Betancur stated that he is willing to change all lots to front entry garages to be the same as the existing subdivision. Commissioner George questioned the number of dwellings that would be 1,500 square feet and how many would be 1,700 square feet. Thompson stated that most of the houses adjacent to the proposed subdivision are between 1,100 square feet and 2,200 square feet. Commissioners questioned why the PD, if the subject property will be the same as the existing subdivision and requested variances are so much like the standard requirements of the Zoning Ordinance. Thompson stated that to go with a PD will create development as closely complying with the new code but yet imaging as close as possible the existing development to the west. Commissioners questioned the justification for the change in the architectural requirements, such as roof pitch, and exterior masonry. Betancur requested that the request be tabled until September 17, 2002, in order to meet with his builder to review the justifications and come up with additional compromises. Commissioner George opened the public hearing, but no one appeared to speak. Commissioner George closed the public hearing. Motion was made by Commissioner Chapman, seconded by Commissioner Hughes, to table the zoning change and continue the public hearing until September 17, 2002. Motion passed 5 —0. P&Z Commission Meeting September 3, 2002 Page 4 of 7 2. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Single-Family Residential (SF-8.5/17) and Neighborhood Services (NS) to Planned Development (PD) for Single-Family Residential, generally located east of Ballard Street and south of the existing Southplace Phase I Addition, being a portion of a 48.516 acre tract, as described in County Clerk's File No. 95-0018290 of the Deed Records of Collin County, Texas, and being all of a certain 10.129 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. (Zoning Case 2002-09) Thompson stated that the applicant is requesting the item to be tabled until September 17,2002. Motion was made by Commissioner Hughes, seconded Commissioner Chapman, to table the request for a zoning change until September 17,2002. Motion passed 5—0. 3. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Single-Family Residential (SF-8.5/17) to Planned Development (PD) for Single-Family Residential, generally located east of Country Club Road (F.M. 1378) and north of Park Blvd, being a portion of that tract of land described in the deed to Birmingham Land, LTD., as recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas, and being a 5.911 acre tract of land and a 8.044 acre tract of land situated in the J. McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas. (Zoning Case 2002-10) Thompson stated that the applicant is requesting rezoning of the subject 13.955 acres in order to develop a single-family residential neighborhood to serve as the new major entry and expand the Birmingham Farms Phase 3 subdivision. The land is held in single ownership, but is divided into two tracts as follows: Tract 4A is located immediately north of Talladega Drive and is 5.911 acres and Tract 4B is located immediately south of Talladega Drive and is 8.044 acres. Thompson reviewed the zoning and development of adjoining subdivisions. The Comprehensive Plan recommends Village Residential uses for the property and the requested PD stipulation tying lot and house size to SF 8.5/17 is consistent with this recommendation. The purpose of the Planned Development(PD)District is to permit flexibility and innovation in the use and design of land and development, but the proposed Conditions of the PD are very similar to the standard requirements of the Zoning Ordinance. The PD proposes that park fees be waived if owner/developer uses comparable funds for improvements within or adjacent to this PD, or Phases 13 and 14 of Birmingham Farms. The Park Board has considered the request and recommended that funds in lieu of land is appropriate but the improvements would not necessarily meet the comparable funds that the applicant would be required to provide. Mindy Manson, Assistant City Manager, stated that the Park Board does not have the jurisdiction for the allocation of the funds for park fees and described to the Commissioners the accounts created and how the money is funded in a development. The PD proposes that no public utilities be required within that portion of Country Club Road on the perimeter of this development. The City Engineer states that water and perhaps storm sewer will be required within this segment of Country Club. Mindy Manson stated that there was no requirement for storm sewer in the developments adjacent to the property. P&Z Commission Meeting September 3, 2002 Page 5 of 7 The Commissioners and Thompson discussed proposed variances to the Architectural Requirements and the points allocated for complying the Village Residential Single Family 8.5/17 District. Scott Bussell, Carter Burgess, 7950 Elmbrook Drive, Dallas, Texas, represented as the engineer for the subject property, stated that subject tracts as well as the phases 13 and 14 following the agenda were originally submitted as a single request, however after meeting with staff the developments were split into three separate zoning changes. Due to the narrowness of the tract the alleys are not feasible in the PD and request that alleys be waived. The fencing as an Architectural requirement was recommended by City Manager to provide a more uniform standard. The points for the standards were all discussed and approved by the Staff prior to the meeting. Commissioner George opened the Public Hearing, but no one appeared to speak. Commissioner George closed the Public Hearing. Motion was made by Commissioner Hughes, seconded by Commissioner Chapman to recommend approval of the zoning change. Motion passed 3 —2,with Commissioner Snider and Commissioner Porter voting against. The Commission took a ten-minute break at 9:05 p.m. and reconvened at 9:15 p.m. 4. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Single-Family Residential (SF-10/19) to Planned Development (PD) for Single-Family Residential, generally located east of Country Club Road (F.M. 1378) and south of Park Blvd, being a portion of that tract of land described in the deed to Birmingham Land, LTD., as recorded in County Clerk's File No. 98-007022 of the Deed Records of Collin County, Texas, and being a 94.121 acre tract of land situated in the D.W. Williams Survey, Abstract No. 695, City of Wylie, Collin County,Texas. (Zoning Case 2002-11) Thompson stated that the applicant is requesting rezoning of the subject 94.12 acres in order to develop a single-family residential subdivision. The properties abutting the subject tract to the north is zoned Single-Family 8.5/17, but is developing in accordance with the previous Single Family-2 regulations as the Birmingham Farms Phase 3 Addition and is also occupied by a WISD elementary school. Properties to the south and east are largely occupied by a floodplain corridor managed by the Collin County Conservation District, and are owned by the owners of the subject PD request. Properties to the west, across Country Club Road, are zoned Single-Family 10/19, but sparsely developed in rural residential uses with lots in excess of an acre. The PD proposes to construct the north half of the Park Boulevard bridge needed for the westward expansion of Park Boulevard to Country Club Road in order to provide regional access. The remaining south half of the Park Boulevard corridor would be the responsibility of the City to construct. The completion of Westgate Way through to Park Boulevard and certain drainage improvements to the major drainage channel are also proposed as conditions of this PD. Park Boulevard will be built to four-lanes with divided median by the developer on the retail portion of the road. Commissioner Snider questioned if the applicant would extend the full four lanes past the Day Care to the Dodd school entry drive. Marc Footlik, 5300 Town & Country Boulevard, Frisco, Texas, the applicant, stated that the development could not afford to extend P&Z Commission Meeting September 3, 2002 Page 6 of 7 Park and construct the bridge. Mindy Manson said that the City and WISD cannot afford the bridge and the County will take too long to fund and build the bridge. Manson stated that without the assistance of adjoining property owners, this section of Park Boulevard and the bridge will eventually become a bond issue through the City of Wylie. Commissioner George opened Public Hearing and no one appeared to speak. The public hearing was closed. Motion was made by Commissioner Hughes to recommend approval of the zoning change. Due to lack of second,the motion failed. Motion was made by Commissioner Porter, seconded by Commissioner Snider, to recommend denial of the zoning change. Motion passed 3 —2, with Commissioner George and Commissioner Hughes opposing. 5. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Single-Family Residential (SF-10/19) to Planned Development (PD) for Single-Family Residential, generally located east of Country Club Road (F.M. 1378) and north of Birmingham Farms Phase 2A and the Meadows of Birmingham Phase 1 Additions, being a portion of a tract of land described in a deed to Birmingham Land LTD., as recorded in Clerk's File No. 98-007022, Deed Records of Collin County, Texas, and all of a tract of land described in a deed to Wylie I.S.D., as recorded in Volume 2493, Page 580 of the Deed Records of Collin County, Texas, and being a certain 80.767 acre tract of land situated in the D.W. Williams Survey, Abstract No. 1021,the Mercer Phelan Survey, Abstract No. 695, City of Wylie, Collin County,Texas. (Zoning Case 2002-12) Thompson stated that the applicant is requesting rezoning of the subject 80.76 acres in order to develop a single-family residential subdivision. The property was rezoned from a mix of Retail (R), Business-1 (B-1) and Single Family-Attached Residential (SF-A) Districts to its current Single-Family 10/19 Residential District with the adoption of the new City-wide Zoning Ordinance and Map in February of 2002. The Planned Development District zoning is being requested in order to allow development of lots and homes of the SF 8.5/17 District, but with conditions which differ from the regulations of the current Zoning Ordinance and are more comparable to the existing Centex and Ryland subdivisions to the south. Commissioners questioned the justification for the lot size differing from the 10,000 square feet recommended by the Comprehensive Plan to 8,500 square feet. Marc Footlik, 5300 Town& Country Boulevard, Frisco, Texas,the applicant, stated that within the area the majority lot size is 8,500 square feet and the PD meets the existing pattern. Commissioner George opened the Public Hearing and no one appeared to speak. Commissioner George closed the Public Hearing. P&Z Commission Meeting September 3, 2002 Page 7 of 7 Motion was made by Commissioner Porter, seconded by Commissioner Snider, to recommend denial for the zoning change. Motion passed 3 —2, with Commissioner George and Commissioner Hughes opposing. MISCELLANEOUS Commissioners wished a happy birthday to Commissioner Chapman on his birthday September 4, 2002. ADJOURNMENT Motion was made by Commissioner Chapman, seconded by Commissioner Hughes, to adjourn at 11:00 p.m. Motion passed 5 —0. / 6 ( Michael George, Chairman Mar V. radley, Secretary