04-04-2006 (Planning & Zoning) Minutes MINUTES
PLANNING AND ZONING COMMISSION
WYLIE MUNICIPAL COMPLEX
2000 Highway 78 North
Wylie, Texas 75098
April 4, 2006
Notice was posted in the time and manner required by law and quorum was present.
Commission Members Present: Staff Members Present:
Eric Alexander Renae 011ie, Assistant City Planner
Jamie Gregg Mindy Manson, Assistant City Manager
Joel Hemphill Julie Fort, City Attorney
Dave Hennesey Mary Bradley, Secretary
Dennis Larson
Commission Members Absent:
Scott Ames
M.G. Red Byboth
CALL TO ORDER
Chairman Larson called the meeting to order at 7:03 PM.
INVOCATION & PLEDGE OF ALLEGIANCE
Commissioner Hennesey gave the invocation and Commissioner Gregg led the pledge of
allegiance.
CITIZEN PARTICIPATION
No one appeared to speak to the Commissioners.
CONSENT AGENDA
1. Consider and act upon approval of the Minutes from the March 21, 2006 Regular
Meeting.
A motion was made by Commissioner Alexander, and seconded by Commissioner Gregg,
to approve the minutes as submitted. Motion carried 4 — 0 - 1, with Commissioners
Ames and Byboth being absent, and Commissioner Hennesey abstaining.
P &Z Commission Meeting
April 4, 2006
Page 2 of 7
ACTION AGENDA
1. Consider and act upon approval of a Site Plan for Greenway — 78 Addition,
generally located south of F.M. 544 and west of S.H. 78 (Tracts 1, 2 & 3). Tabled
from March 21,2006.
A motion was made by Commissioner Hemphill, and seconded by Commissioner Gregg,
to remove the item from table. Motion carried 5 —0.
Ms. 011ie stated that the property totals 8.300 acres and will create three commercial lots.
Lot 1 is 1.843 acres in size, Lot 2 is 2.036 acres in size, and Lot 3 is 4.421 acres.
The Site Plan varies from the design standards as required by the Ordinance in that the
applicant is requesting decorative concrete in lieu of brick on the rear and side elevations.
The Ordinance states that the primary materials shall be constructed of brick with at least
20% stone on the front facade including by not limited to brick, stone, cast stone,
decorative concrete or stucco. The proposed design meets the requirement of at least
20% stone on the front facade but not the remainder of the building.
The recommendation from Staff is to approve with the condition of either meeting the
base design standards by adding brick to the remainder of the building and acquiring all
necessary number of desirable design standards from each category of Section 4.3 or
recommend denial and the applicant obtain a variance from Zoning Board of Adjustment
to Section 4.3 Nonresidential Design Standards.
Mr. Rodney Hitt, 8350 N Central Expressway, Dallas, Texas, Architect for the subject
property, stated that the elevation proposed is a nice quality development and good
transcend from the adjacent Albertson's property. The front facade meets all the design
standards but for monetary value the back of the building is concrete with no articulation.
Mr. Mark Hardaway, Greenway Investment Company, 2808 Fairmount, Dallas, Texas,
stated that to break up the back of the building from looking like a plain tilt wall, awnings
can be placed over the doors and there will be three different colors of paint.
A motion was made by Commissioner Hemphill, and seconded by Commissioner
Alexander, to approve the Site Plan for Greenway—78 Addition with stipulations that the
base design standards are met by adding brick to the remainder of the building and
acquiring all necessary number of desirable design standards from each category of
Section 4.3. Motion carried 4— 1, with Commissioner Hennesey voting in opposition.
P & Z Commission Meeting
April 4, 2006
Page 3 of 7
2. Consider a recommendation to the City Council regarding a Final Plat for
Greenway— 78 Addition, generally located south of F.M. 544 and west of S.H. 78
(Tracts 1, 2 & 3). Tabled from March 21,2006.
A motion was made by Commissioner Alexander, and seconded by Commissioner
Hemphill, to remove the item from the table. Motion carried 5 —0.
Ms. 011ie stated that the property totals 8.300 acres and will create three commercial lots.
Currently two buildings exist on Lot 3, a single story block building which will remain,
and a single story wood building which will be removed.
The property was the subject of a Planned Development 2004-43. The PD allows for
mixed retail and light industrial uses.
The Final Plat substantially conforms to the approved Conditions of the PD that states
that the parcel along the frontage of FM 544 shall comply with all regulations of the
Community Retail District. The back portion of the subject property shall comply with
all regulations as set forth in the Industrial District of the Zoning Ordinance as adopted
February 27, 2002.
A motion was made by Commissioner Hennesey, and seconded by Commissioner Gregg,
to recommend approval to City Council, for Final Plat for Greenway — 78 Addition,
generally located south of F.M. 544 and west of S.H. 78. Motion carried 5 —0.
3. Consider a recommendation to the City Council regarding a Final Plat for
Parkside Addition Phase I, generally located on the northwest corner of FM 544
and FM 1378 (Country Club Dr.), and being a portion of a tract of land conveyed
to Parsons — Warner, LLC, according to the deed recorded in Volume 5821, Page
1697 of the deed records of Collin County, Texas.
Ms. 011ie stated that the property totals 76.6047 acres and will create 116 single-family
residential lots. The subject property is part of the larger Parkside Addition Planned
Development District(PD 2004-42) consisting of a total of 100.0994 acres.
Lakefield Drive, a 65 feet wide east-west collector street, will connect to the existing
Lakefield Drive at the western border of the subject property. The developer must extend
Lakefield Drive eastward beyond the subject property's boundaries to connect with FM
1378 (Country Club Road).
The Final Plat substantially conforms to the Development Plan of the PD. Staff
recommends approval with condition that the developer provides a second point of access
by connecting Lakefield Drive to FM 1378.
P & Z Commission Meeting
April 4, 2006
Page 4 of 7
With no questions for staff, a motion was made by Commissioner Hemphill, and
seconded by Commissioner Alexander, to recommend approval to City Council, the Final
Plat for Parkside Addition Phase I, with stipulation that of the developer provide a second
point of access by connecting Lakefield Drive to FM 1378. Motion carried 5 —O.
PUBLIC HEARING
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 to allow single family residential uses of varied densities, generally
located south of Stone Road and west of FM 544, and being a 61.26 acre tract of
land located in the Allen Atterberry Survey, Abstract No. 23 in the City of Wylie,
Collin County, Texas. (ZC2006-07).
Ms. 011ie stated that the subject property is located south of Stone Road and west of FM
544. The applicant is requesting a change of zoning to allow single family residential
uses of varied densities. The first hearing regarding annexation of the subject property
was presented on March 28, 2006 with the final hearing being held April 4, 2006. The
zoning request is subject to final acceptance of the annexation.
The Twin Lakes subdivision borders to the west of the subject property and consist of
single family residential uses of varied densities with a minimum lot size of 7,500 square
feet. Properties abutting to the north are within unincorporated Collin County but within
Wylie's Extraterritorial Jurisdiction (ETJ), and are developed as the Twin Oaks Addition
of single-family residences on lots of one acre and larger.
The proposed development does not comply with the Comprehensive Plan, which
recommends low density of one acre or larger residential lots, therefore Staff
recommends denial.
Twenty-nine notification forms were mailed to surrounding property owners, one form
was returned in favor of the request.
Mr. Tim Coltart, Skorburg Company, 3838 Oak Lawn Avenue, Suite 1212, Dallas, Texas,
represented the applicant, presented a slide presentation to the Commissioners detailing
the challenges of the property, and reviewed previous requests on the surrounding
properties. The expansion of Alanis is located in the middle of the property. A five foot
landscaped earthen berm with 3:1 slope shall be constructed in lieu of 40 feet wide buffer.
The Concept Plan proposes 20,000 square foot lots, bordering all of the property owned
by the Bates family to the northeast, and the Pulliam property to the southeast. The plan
proposes fourteen of the lots being 18,000 square foot; fourteen of the lots are 12,000
square foot and thirty-three lots being 10,000 square feet and 7,500 square feet lot sizes.
P & Z Commission Meeting
April 4, 2006
Page 5 of 7
Jed Dawson, Engineer, Skorburg Company, stated that the earthen berm adjacent to
Pulliam property and along Alanis can be modified, so there is consistency on both sides
of Alanis. The proposed plan is to have earthen berm on one side of Alanis.
Commissioner Hemphill asked what codes were being met by the Ordinance and why
was the proposal deferring from the requirements set forth in the Ordinance and not
exceeding. After discussion of the rationale for existing subdivisions, Mr. Dawson stated
that builders state that the required lot sizes eliminate one-story residences.
Chairman Larson opened the public hearing.
Brent Bates, 1340 E FM 544, spoke in opposition of the request due to the surrounding
properties along FM 544 are one-acre or larger.
David Goss, 1033 Hall Drive, spoke in opposition of the request due to too much
deviation from the standards set forth in the Zoning Ordinance
Kristi Cameron, 1025 Hall Drive, spoke in opposition of the request due to street lights,
the cost of maintaining the earthen berm along Alanis.
w. . Marvin Fuller 355 Donna Drive spoke in opposition of the request and recommended lot
size being no less than acre with open bar ditch along Alanis instead of earthen berm.
Jim Griffin, 301 W Kirby, #222, spoke in opposition of the request and encouraged the
Commissioners to hold fast to the Comprehensive Plan.
Chairman Larson closed the public hearing.
The Commissioners discussed with the applicants the option of tabling the request in
order to modify the proposal to develop half-acre lots with minimum house size of 2,600
square foot. Mr. Dawson stated that the property is burdened with challenges of
negativity as far as thoroughfare, the screening requirements and recommendations from
the Comprehensive Plan that exceeding from the requirements set forth in the Zoning
Ordinance is not feasible. Ms. Fort stated that if the item is tabled, the public hearing
would not have to be reopened or advertised again, as long as it is less restrictive.
Due to the request for annexation going before the City Council on April 25, 2006, Mr.
Dawson requested action be made.
A motion was made by Commissioner Gregg, and seconded by Commissioner Hemphill,
to recommend denial to the City Council, for the request in zoning from Agriculture (A)
to Planned Development (PD) District, zoning case 2006-07. Motion carried 5 —0.
P & Z Commission Meeting
April 4, 2006
Page 6 of 7
Chairman Larson adjourned the meeting for a break at 8:50PM and reconvened at
8:57PM.
2. Hold a Public Hearing and consider a recommendation to the City Council
regarding an Ordinance to establish regulations governing the sale of alcoholic
beverages.
Ms. Manson introduced Ms. Julie Fort, City Attorney, and stated that the citizens will be
voting in May on two propositions for beer and wine consumption and that the proposed
Ordinance will dictate location of the establishment for on-premise and off-premise
consumption.
Ms. Fort stated that there are two propositions on the voting ballet. One of the
propositions will be for the restaurants that have a food and beverage certificate, where
they can get a mixed beverage license. The mixed beverage permit will allow them to
serve any type of drink. This particular proposition includes the language that they must
have food and beverage certificate in order to have the mixed beverage permit. The
Texas Alcohol Beverage Commission (TABC) will only give this permit if at least 50%
of the revenue comes from food sales, which prevents the sole operation of a bar. The
second proposition is for retail sales where beer and wine is sold for off-premise
consumption only, and does not include the sale liquor.
Package sales are the facilities that have more then 75% of the gross revenue from sale of
beer and wine, which will have additional regulations to obtain. The grocery stores,
fueling station are most likely not going to get 75% of the gross revenue from sale of beer
and wine because they have so many other products.
The Alcoholic and Beverage Code sets forth regulations that local entities may adopt in
an Ordinance, in order for the regulations to apply, once propositions are passed by the
citizens. The State allows the local entities to establish what zoning district allows beer
and wine consumption. The provision in the Alcohol and Beverage Code allows the three
hundred feet for the church, school and certain instances 1,000 feet from a private school
if requested.
Commissioner Hemphill questioned the facilities located next to the lakes. Ms. Fort
stated that the package sales facilities, as the proposed Ordinance is written, a Specific
Use Permit would be required and would be enforced by Code Enforcement and the
TABC.
Chairman Larson opened the Public Hearing.
Kristi Cameron 1025 Hall Drive, spoke in favor of the Ordinance.
P & Z Commission Meeting
April 4, 2006
Page 7 of 7
Chairman Larson closed the Public Hearing.
A motion was made by Commissioner Hemphill, and seconded by Commissioner
Alexander to recommend approval of the Ordinance with no changes noted to the City
Council. Motion carried 5—0.
ADJOURNMENT
A motion was made by Commissioner Hemphill, and seconded by Commissioner
Hennesey ,-......._,
, to adjourn the meeting at 9:35 PM.
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Dennis Larson, Chairman M Brley, Secretary
