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01-03-2006 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 January 3, 2006 Notice was posted in the time and manner required by law and quorum was present. Commission Members Present: Staff Members Present: Scott Ames Renae 011ie, Assistant City Planner Eric Alexander Mary Bradley, Secretary M.G. Red Byboth Mindy Manson, Assistant City Manager Jamie Gregg CALL TO ORDER Vice-Chairman Byboth called the meeting to order at 7:03 PM. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Alexander gave the invocation and Commissioner Ames led the pledge of allegiance. CITIZEN PARTICIPATION No one appeared to speak to the Commissioners. CONSENT AGENDA I. Consider and act upon approval of the Minutes from the December 20, 2005 Regular Meeting. A motion was made by Commissioner Alexander, and seconded by Commissioner Gregg, to approve the minutes as submitted. Motion carried 3 — 0, with Commissioner Byboth abstaining and Commissioners Larson, Hemphill and Hennesey absent. P &Z Commission Meeting January 3, 2006 Page 2 of 6 ACTION AGENDA 1. Consider a recommendation to the City Council regarding a Preliminary Plat for Best Corner Wylie Addition, generally located at the northeast corner of Kirby Street and F.M. 544, and more specifically described as Tract 1 being all that certain lot or parcel of land situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas, and being a part of that tract of land as described in a Warranty Deed from McDaniel Enterprises, Inc. to McDaniel Enterprises 1, LTD., dated December 11, 1998 and being recorded in Volume 4648, Page 2102 of the Land Records of Collin County, Texas; and described as Tract 2 being all that certain lot, tract or parcel of land situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas, and being a part of that 0.3241 acres tract of land as described in a Warranty Deed from Linda Payne, Trustee to Khalid and Hanif Corporation, dated February 8, 1996 and being recorded in Clerk's file no. 96-0011802, of the Land Records of Collin County, Texas. Ms. 011ie stated that the Plat will create two lots. Lot 1 is 0.13 acres in size, and lot 2 is 0.44 acres. On Lot 1, there is an existing 1,648 square foot brick building and on lot 2 there is existing Subway restaurant. The property is zoned Commercial Corridor (CC), but has never been platted. The applicant has no plans for modification, but rather Platting the property. A Cross Easement Agreement is recorded with the Collin County Clerk for the subject property and the adjacent property to the northeast (Hibernia National Bank). An instrument dedicating a 2.283 square feet right-of-way turn lane at Kirby Street will be completed before the Final Plat is recorded. Stan Haddock, 221 Country Club Drive, Heath, Texas, represented the property owner for the subject property, stated that the existing tanks on Lot 1 will be removed within the next couple of days. No future plans have been determined at this time for either Lots 1 or 2. With no further questions for the applicant or staff, a motion was made by Commissioner Ames, and seconded by Commissioner Gregg, to recommend approval to City Council for the Preliminary Plat to the Best Corner Wylie Addition, generally located at the northeast corner of Kirby Street and F.M. 544. Motion carried 4 — 0, with Commissioners Hemphill, Hennesey, and Larson being absent. P &Z Commission Meeting January 3, 2006 Page 3 of 6 2. Consider a recommendation to the City Council regarding a Final Plat for the Sage Creek Phase 9 Addition, generally located south of Sage Creek 8 Addition and north of Wooded Creek Addition, and more specifically described as a tract of land situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas and being all of a tract of land described in Deed to Ronnie Joe Housewright and wife Suzanne I. Housewright, recorded in Volume 3180, Page 615, Deed Records, Collin County, Texas and a part of a tract of land described in Deed to Ronnie Joe Housewright and wife Suzanne Housewright, recorded in Volume 2124, Page 334, Deed Records, Collin County, Texas. Ms. 011ie stated that the Final Plat will create 60 single-family residential lots on 51.203 acres. The Plat also dedicates an amenity center lot of 0.8 acres to be maintained by the Homeowners Association, and approximately 30 acres to the City of Wylie as public parkland. The property was zoned as a Planned Development (PD) District by City Council on August 2005, Ordinance as a Planned Development (PD) District Ordinance 2005-36, for single-family residential uses. A temporary cul-de-sac will be constructed at the south end of Preston Lane and will be abandoned with the filing of the Final Plat for Phase 9A. The trail in Lot 2X, Block B must be completed prior to the issuance of building permits and prior to the subdivision being accepted by the City. John Bull, Dowdey, Anderson & Associates, Inc., 5225 Village Creek Drive, Plano, Texas, represented Engineer for the subject property, stated that the existing trail in Sage Creek Phase 8 will connect with the subject property and the dedicated public park. The extension of Wooded Creek will be completed in Phase 9A construction. The lots on the eastside property will be open to the park, no private fences will be allowed. A motion was made by Commissioner Gregg, and seconded by Commissioner Alexander, to recommend approval of the Final Plat for Sage Creek Phase 9 Addition to the City Council. Motion carried 4 — 0, with Commissioners Hemphill, Hennesey, and Larson being absent. P &Z Commission Meeting January 3, 2006 Page 4 of 6 3. Consider a recommendation to the City Council regarding a Final Plat for the Sage Creek Phase 9A Addition, generally located south of Sage Creek 9 Addition and north of Wooded Creek Addition, and more specifically described as all that certain tract of land situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas and being a part of a tract of land described in Deed to Ronnie Joe Housewright and Suzanne Housewright, recorded in Volume 2124, Page 334, Deed Records, Collin County, Texas. Ms. 011ie stated that the Final Plat will create 35 single-family residential lots on 8.313 acres. As a Condition of the PD 2005-36, a road must be provided through Phase 8 to connect these phases to Riverway Lane to provide additional points of access/egress. This corridor will be platted by separate instrument and construction must be completed prior to the occupancies of homes in this phase. With no questions for the applicant or staff, a motion was made by Commissioner Alexander, and seconded by Commissioner Ames, to recommend approval to the City Council of the Final Plat for the Sage Creek Phase 9A Addition. Motion carried 4— 0, with Commissioners Hemphill, Hennesey, and Larson being absent. PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council to include additional land in Planned Development District 2005-25 for commercial uses, generally located in the southwest corner of Country Club Road (F.M. 1378) and Parker Road (F.M. 2514), and being more specifically described as a tract of land situated in the Patterson, William Survey, Abstract No. 716, Block 1, Tract 7, 1.002 acres with an address of 2625 FM 1378 in the City of Wylie, Collin County, Texas, and being a resurvey of a tract of land described in a deed to Robert Marion Young of Record in Volume 1295, Page 185, Deed Records of said County, and being a part of the Patterson, William Survey, Abstract No. 716, Block 1, Tract 8, 1.000 acres with an address of 2605 FM 1378 in the City of Wylie, Collin County, Texas, being all that certain lot, tract or parcel of land situated in the County of Collin, State of Texas, and being out of the William Patterson 640 acre Survey, Abstract No. 716, and being the same one acre tract of land conveyed to Kenneth D. and Mary E. Ellis recorded in Volume 645, Page 493, Deed Records of Collin County, Tex (Zoning Case No. 2005- 21). Item tabled from the December 6,2005 meeting. Ms. 011ie stated that the proposed request is to include two additional tracts of land into the previously approved PD 2005-25. Tract 7, Block 1 being 1.002 acres in size and Tract 8, Block 1 being 1.000 acres in size. With the addition of these two tracts, the entire Planned Development District now totals 4.140 acres in four separate parcels, west of Country Club Road (F.M. 1378) and south of Parker Road(F.M. 2514). P & Z Commission Meeting January 3, 2006 Page 5 of 6 The property was annexed into Wylie in 1999 and rezoned to PD 2005-25 to allow Neighborhood Retail Services inclusive of multi-tenant retail, financial institutions with drive-thru, sit down and fast food services and light automotive uses in June 2005. The request only adds additional land to the existing PD and does not alter any uses as outlined in the approved Conditions of the Planned Development District. Parker Road will be realigned at some future date to remove the existing off-set jog, most likely by the extension of the western segment across Country Club. The exact route of this future alignment and how it may affect the subject property is unknown at this time. Seven notifications were mailed, and one written response was returned favoring the request. Thomas Glendenning, Imperium Holdings, 6350 LBJ Freeway, Suite 163, Dallas, Texas, represented developer of the subject property, stated that the additional two lots will be in conjunction to the already approved retail sites, stipulated in PD 2005-25. Vice-Chairman Byboth opened the Public Hearing. Barbara Mitchell, 2457 Country Club, Wylie, Texas, spoke in favor of the request and questioned if the proposed zoning will affect the existing single-family uses south of the proposed property and eventually be rezoned commercial. Vice-Chairman Byboth stated that the properties to the south are currently zoned Agriculture, and an application for rezoning would have to be submitted. It would then be recommended that the request comply with the surrounding uses. Vice-Chairman Byboth closed the Public Hearing. With no further questions for the applicant or staff, a motion was made by Commissioner Ames, and seconded by Commissioner Alexander, to recommend approval to the City Council of the change in zoning to PD District for commercial uses, generally located in the southwest corner of Country Club Road (F.M. 1378) and Parker road (F.M. 2514). Zoning Case 2005-21. Motion carried 4 — 0, with Commissioners Hemphill, Hennesey, and Larson being absent. 2. Hold a public hearing and consider a recommendation to the City Council concerning certain revisions to the Use Regulations in Article 5 of the Zoning Ordinance and to the City-Wide Zoning Map. Ms. 011ie stated that the proposed Article 5, Use Regulations of the Zoning Ordinance x complies with all the revisions and discussions for Article 3 Residential District and Article 4 Non-Residential District. P &Z Commission Meeting January 3, 2006 Page 6 of 6 Article 3 and 4 will be considered at the City Council meeting on January 10, 2006. However, staff is recommending tabling the request until January 24, 2006, so that Article 3, 4 and 5 can be considered at one time. Vice-Chairman Byboth opened the Public Hearing. With no one approaching the Commission, Vice-Chairman Byboth closed the Public Hearing. Ms. 011ie stated that the zoning map previously presented to the Commissioners when the Residential was approved, reflected the new SF-10 Residential lots. The zoning map before the Commissioners now reflects the recommendation for Non-Residential changing the Business Center (BC) to Light Industrial (LI) and Industrial (I) to Heavy Industrial (HI), but because no action has been made, the map shall be re-advertised to all the property owners within the BC and I zoning classification. A public hearing will be held to consider the zoning map revisions after Article 3, 4 and 5 are amended. With no further questions for Staff, a motion was made by Commissioner Alexander, and seconded by Commissioner Gregg, to recommend approval of Article 5 to the Zoning Ordinance. Motion carried 4 — 0, with Commissioners Hemphill, Hennesey, and Larson being absent. ADJOURNMENT A motion was made by Commissioner Gregg, and seconded by Commissioner Ames, to adjourn the meeting at 7:30 PM. M.G. "Red"Byboth, Vice-Chairman M Biley, Secretary