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04-05-2005 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 April 5, 2005 Notice was posted in the time and manner required by law and quorum was present. Commission Members Present: Staff Members Present: Eric Alexander Mary V. Bradley, Secretary Red Byboth Claude Thompson, Director Scott Ames Dave Hennesey Don Hughes Dennis Larson Commission Members Absent: Kathy Spillyards CALL TO ORDER Chairman Larson called the meeting to order at 7:10PM and introduced Commissioner Scott Ames, as the newly appointed Commissioner. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Byboth gave the invocation and Commissioner Hennesey 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 15, 2005 Regular Meeting. A motion was made by Commissioner Alexander, and seconded by Commissioner Byboth, to approve the minutes as submitted. Motion carried 5 — 0, with Commissioner Ames abstaining. P & Z Commission Meeting April 5, 2005 Page 2 of 11 2. Consider and act upon approval of the Minutes from the March 29, 2005 Joint Work Session Meeting. A motion was made by Commissioner Byboth, and seconded by Commissioner Hennessey, to approve the minutes as submitted. Motion carried 5 — 0, with Commissioner Ames abstaining. ACTION ITEMS 1. Consider a recommendation to the City Council regarding a Preliminary Plat for the Cooper Retail Addition. Subject property totals 5.8 acres, being part of the S.B. Shelby Survey Abstract Number 820, being all of Lot 8 and part of Lots 9 and 10, Block A of Wylie Industrial Park, according to the plat thereof recorded in Volume 8, Page 55 of the Map Records of Collin County, Texas and being all of those certain portions of Cooper Drive right-of-way described as Parcel 1 and Parcel 4 abandoned by City of Wylie Ordinance Number 2004-40 recorded under County Clerk's File Number 2004-0182264, Deed Records of Collin County, Texas and being all of that tract of land described in deed to Wylie Economic Development Corporation recorded in Volume 4572, Page 3563 of the Deed Records of Collin .. County, Texas and also being all of that tract of land described in deed to Wylie Economic Development Corporation recorded in Volume 5815, Page 2219 of the Deed Records of Collin County, Texas. Thompson stated that the property totals 5.8 acres and includes replatting three lots of the Wylie Industrial Park Addition, and the old Extruders tract which has never been platted. The plat will initially create two lots, with Cooper Drive being extended through the center to connect with S.H. 78. Ultimately, the area may be divided into as many as four retail lots. The northern Lot 2 will immediately be developed for the Baylor Health Care clinic, but no specific uses have been announced for the remaining area. A zoning change was approved by P&Z on 3/15/05 and will be considered for approval by City Council on 4/12/05. This request will change the zoning to Planned Development (PD) District in order to provide a coordinated signage program whereby all lots may share signs as in a unified commercial center. The proposed uses are permitted within the proposed PD. With no questions for the applicant or staff, a motion was made by Commissioner Byboth, and seconded by Commissioner Hughes, to recommend approval of the Preliminary Plat for Cooper Retail Addition to the City Council on April 12, 2005. Motion carried 6—0. P &Z Commission Meeting April 5, 2005 Page 3 of 11 2. Consider and act upon approval of a Site Plan for retail development on a single lot, being all of an unplatted 1.20 acre tract of land located at the Northeast Corner of Brown Street and Country Club (FM1378). Thompson stated that the applicant is proposing a convenience store of approximately 3,000 square feet with a motor vehicle fueling station on a single lot located at the corner of Brown Street and Country Club (FM 1378). A Preliminary Plat creating the proposal and two additional retail lots is on the current agenda for consideration. The property has been zoned for commercial uses since 1986 and is currently zoned Neighborhood Service (NS). The proposed convenience store and motor vehicle fueling station are permitted uses within the current NS District. The existing Zlan offices and electronic assembly facility occupy the eastern half of the property. Mostafa Setayesk, The Dimension Group, 10755 Sandhill Road, Dallas, Texas 75238, represented the applicant, offered to answer any questions from the Commissioners. With no questions for the applicant or staff, a motion was made by Commissioner Byboth, and seconded by Commissioner Hennesey, to approve the Site Plan as submitted. Motion carried 6—0. 3. Consider a recommendation to the City Council regarding a Preliminary Plat for the ZLAN Corner Addition situated in the Charles Atterbury Survey, Abstract Number 22, City of Wylie, Collin County, Texas and being a portion of that certain tract of land conveyed to Zlan, Ltd. by Special Warranty Deed recorded under County Clerk's File Number 94-0029160, Land Records of Collin County, Texas. Thompson stated that the Preliminary Plat will create three (3) retail lots and is located at the corner of Brown Street and Country Club (FM 1378). Lot 1 is 1.207 acres in size and the subject of a site plan for retail uses which is also on the current agenda for consideration. Lot 2 is 2.052 acres in size and no uses have as yet been proposed for this lot. Lot 3 is 5.741 acres, and is occupied by the offices and light assembly facility of Zlan. The Plat dedicates a 30 feet right-of-way for Country Club Road (FM 1378). With no questions for staff or applicant, a motion was made by Commissioner Alexander, and seconded by Commissioner Byboth, to recommend approval of the Preliminary Plat for the Zlan Corner Addition to the City Council meeting on April 26, 2005. Motion carried 6 — 0. P & Z Commission Meeting April 5, 2005 Page 4 of 11 4. Consider and act upon approval of a Site Plan for retail development on Lot 1R-2, Block C, being all of a 1.065 acre tract of land in the Woodlake Village Addition. Thompson stated that the Site Plan will accommodate an 11,200 square foot single-story building on the already platted lot 1R-2. The subject property was originally platted in 1988 as the multi-lot commercial Woodlake Village Addition. In 2004 the property was replatted for the development of Wal-Mart Super center and included the subject commercial lot as well as the seven acre tract to its west and access easements connecting the several lots. The Site Plan realigns the joint access easement through the property and to the west which joins the parking lot of Wal-Mart. The proposed envisions a retail building of 11,200 square feet, and provides parking for retail/office uses. Commissioner Byboth questioned the lack of awnings over the rear doors. Joe Helmberger, Helmberger Associates, Inc., 124 Hooper Road, Wylie, Texas 75098, the engineer for the subject property, stated that awnings will be placed over the front building facing S.H. 78. Commissioner Byboth stated that canopies were recently required on the back of the building for the retail center located on Lot 1R-3R2 to the west of the subject building, and recommended consistency for all retail buildings within the same addition. Helmberger requested that the Site Plan be tabled until April 19, 2005, in order to communicate to the developer the Commissioner's desires for awnings over the doors. A motion was made by Commissioner Byboth, and seconded by Commissioner Hennesey, to table the Site Plan until April 19, 2005. Motion carried 6—0. P & Z Commission Meeting April 5, 2005 Page 5 of 11 PUBLIC HEARINGS 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 for commercial and single-family residential uses of varied densities, being part of a 111.848 acre tract of land situated in the William Sachse Survey, Abstract No. 835, conveyed to Iona H. Ingram and being part of a 87.282 acre parcel of land called Tract 2, conveyed to Mary Allene Jones, from the partition of the Estate of Mollie Sachse, described in Partition Deed recorded in Volume 826 at Page 579 of the Deed Records of Collin County, Texas, and also being a part of a 111.848 acre tract conveyed to Mary Allene Jones by Executrix's Deed recorded in Volume 05102 at Page 04465 (County Clerk's File No. 2002-0020781) of the DRCCT. (Zoning Case No. 2005-01). This item was tabled from the March 1, 2005 meeting. Thompson stated that the subject proposal was tabled at the March 1, 2005 P&Z meeting. The applicant has subsequently made revisions to the request, and the attached supporting documentation reflects those changes. Although staff concludes that the proposed revisions create less intensive impacts than those advertised and discussed at the March 1 public hearing, the request has been re-advertised and notices mailed to adjacent property owners. Twenty-eight (28) notifications were mailed, with five written responses returned, three opposing and two favoring. The property totals 186.56 acres, and is located south of FM 544 and west of the Regency Business Park Addition. The property is traversed by the undevelopable 150 feet wide right-of-way of a major electric power transmission line (approximately 9 acres), which legally divides the property as the northern Tract One of 130.7 acres and the southern Tract Two of 55.8 acres. The current request proposes to divide the property into two major uses. The northern 60 acres along FM 544, for a depth of 1,000 feet, is designated for Corridor Commercial uses. The remaining southern 127 acres is designated for 345 single-family residential lots of 10,000 square feet each, for a density not to exceed 2.76 lots per acre. The previous proposal would have allowed a total of 434 lots (332 at 7,000 s.f. and 102 at 10,000 s.f.) for a density 3.8 lots per acre. Recommendations of the Comp Plan would allow a total of 226 lots and a density of 1 —2 lots per acres. P & Z Commission Meeting April 5, 2005 Page 6 of 11 The minimum house size is 2,000 square feet with 75% required to exceed 2,400 square foot and 50% being larger than 2,600 square foot, compared to the 1,900 square feet required by the standard SF-10 of the Zoning Ordinance. The PD proposes that alleys not be provided, but requires that 25 percent of the total house have side entry garages. Development requirements of the PD generally conform to the standards of the Zoning Ordinance. Seventy-five percent of the homes will be larger than 2,400 square feet with fifty percent exceeding 2,600 square feet compared to the 1,900 square feet required by the Zoning Ordinance. Setbacks established by the PD are smaller than that of the Zoning Ordinance. Chairman Larson opened the Public Hearing. Mr. Herschel Leffel, Meritage Homes, 2745 Dallas Parkway, Plano, Texas 75093, represented the builder, stated that instead of park land dedication, park land fees will be paid; however, 4 acres of open space will be dedicated as open space. Commissioner Hennesey questioned the proposed revisions compared to what Mayor Mondy requested at the joint work-session on March 29, 2005. Mr. Leffel stated that with the many challenges of the property, the power line, landfill and deteriorating industrial to the east, do not support larger house as recommended by the Comp Plan. The amendment to the PD from the previous submittal offers larger lot and house sizes. Commissioner Byboth stated that the entire property should be commercial rather than housing, in order to provide increased tax revenue. Mr. Rob Adams, Adams Consulting Engineering, 2445 Southlake Boulevard, Southlake, Texas, 76092, represented the engineer, stated that the proposed development will dedicate the full right-of-way for the extension of McCreary Road. The City desires McCreary extended to conform to the regional Thoroughfare Plan, and the applicant has arranged the PD to provide the McCreary right-of-way, and considers the smaller lots a balanced trade for the cost of this thoroughfare. Mr. Craig Jones, 5925 Dewitt, Sachse, Texas, owner of the subject property, stated that the extension of McCreary Road will be fully financed by him personally and asked approval of the zoning change. Mr. Carter Porter, 413 N. Gaston, Wylie, expressed opposition of the residential development and recommended commercial development as suggested by Commissioner Byboth. Chairman Larson closed the public hearing. P &Z Commission Meeting April 5, 2005 Page 7 of 11 The Commissioners discussed with Mr. Leffel committing to more value-added incentives to the City. Mr. Leffel was unwilling to commit to recommendation of jay-swings or rear- entry garages or to larger houses. A motion was made by Commissioner Byboth, and seconded by Commissioner Ames, to recommend denial to the City Council. Motion carried 6—0. 2. 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 for single-family residential uses, being a 59.234 acre tract of land situated in the Moses Sparks Survey, Abstract No. 849, Collin County, Texas, located south of Sage Creek Phase 8, North of FM 544 and west of FM 1378 (Country Club Road). (Zoning Case No. 2005-03). This item was tabled from the March 1, 2005 meeting. Thompson stated that the item was tabled at the March 1, 2005 P&Z meeting, and the applicant has subsequently made revisions to the request. The proposed revisions create less intensive impacts than those advertised and discussed the March 1 public hearing, although the new proposal has been re-advertised and adjacent property owners notified. Sixty-six (66) notifications were mailed, and twenty-eight property owners submitted written responses and twenty-five (25) opposing and three (3) favoring the zoning change. The property totals 59.24 acres, and is located west of Sage Creek Phase 4 and 7 Additions and north of Wooded Creek Estates, and is effectively land-locked between existing residential developments and the Muddy Creek floodplain. The revised Conditions of the PD establish a minimum lot size of 8,400 square feet, compared to the previous proposal of 7,200 square feet. The PD provides that 50% of the houses must be 2,400 square feet or larger, and a minimum house size of 2,000 square feet. The previous proposal requested a minimum of 1,700 square feet. The PD now provides 30 acres of land as public park and proposes to construct a trail through the Muddy Creek floodplain, as well as a private amenity center of approximately one acre. The PD proposes to extend Mainstream Drive to link with Riverway Lane for additional traffic access/egress, with a 2 lane roadway and bridge across City owned land. The bridge will include sidewalks on both sides of the roadway and relocated the trail under the bridge so that trail users need not cross Mainstream. Chairman Larson opened the Public Hearing. P &Z Commission Meeting April 5, 2005 Page 8 of 11 Mr. Neal Heckel, Ashton Woods, 13800 Montfort, Dallas, Texas 75240, represented the applicant, stated that Ashton Woods met with the homeowners association for Sage Creek on Monday, April 4, 2005 and received some positive responses from the property owners. The proposed lots and houses are larger than those existing in neighboring developments and the concern that potential buyers will not want larger lots and houses when they must drive through smaller ones within Sage Creek. Commissioner Byboth questioned why Ashton Woods would limit homeowners purchasing a home from specific types of tiling and ovens as per a written response in opposition of the zoning change. Mr. Heckel stated that he was unaware of this and will pass the message onto the appropriate department. Mr. Bruce Miller, 1100 Midstream Drive, Wylie, Texas, stated that he owned the property that is adjacent to the proposed bridge and recommends that sidewalks be larger than the typical 4 foot wide, and he is in favor of the zoning change. Mr. Heckel stated that the sidewalks would be addressed at platting, but can be made wider where trial access increases foot traffic. The following citizens spoke in favor of the zoning change: Mr. Jim Byrne, 3104 Bryce Drive; Mr. Shawn Dansereay, 3405 Everglade; Ms. Jamie Gregg, HOA President, 1102 Spring Tide; Mr. Scott McMurdie, 1012 Meandering Drive; and Mr. Juan Sanchez, 816 Riverhead. The following citizens spoke in opposition of the zoning change because of increased traffic, smaller lot sizes and concern for the safety of children playing; Mr. David Seaton, 3013 Claybrook Drive; Ms. Jessica Kaltenbach, 3004 Claybrook Drive; and Ms. Michelle Anderson, 3012 Claybrook Drive. Mr. John Bull, Dowdey Anderson, 5225 Village Creek Drive, Plano, Texas, stated that if the lot sizes were increased to 10,000 square feet, the proposed development would not have a bridge, and the development would only lose approximately eight lots. Whereas the current development proposes 8,500 square foot lots with a bridge, which would alleviate some traffic off Claybrook Drive. Ms. Mickey Lewis, spoke in favor of the zoning change and stated that when they were deciding where their home was to be built, they were told that Claybrook would be extended in the future at the very first, and expressed concern for the property owners on Claybrook not realizing that the street would be extended. Chairman Larson closed the Public Hearing. A motion was made by Commissioner Hughes, and seconded by Commissioner Alexander, to recommend to City Council approval of the zoning change 2005-03. Motion failed 3 — 3. P & Z Commission Meeting April 5, 2005 Page 9 of 11 Commissioner Byboth recommended side entry access drives. Mr. Bruce Prine, Ashton Woods, 13800 Montfort, Dallas, Texas, stated that he would commit 15 percent of the total lots to have either 3-car garages or j-swing drives. Commissioner Byboth also recommended that the second floor of the two-story houses be limited to 40 percent of livable area. Mr. Prine agreed. A motion was made by Commissioner Alexander, and seconded by Commissioner Hughes, to recommend approval to the City Council, with stipulations that 15 percent of the houses either have 3-car garages or J-swing drives; and the two-story houses will have no more than 40 percent livable areas on the second floor. Motion carried 4 — 2, with Commissioner Hennesey and Larson, voting in opposition. 3. 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 for single-family residential uses, being a tract of land situated in the A. Atterberry Survey, Abstract No. 23, Collin County, Texas, said tract being out of a 45.07 acre tract described in Volume 309, Page 285, Collin County Deed Records, and a portion of Lot 9, Block A of Stoneridge Farms Phase I as recorded in cabinet K, Slide 778, of the Collin County Deed Records. (Zoning Case No. 2005-09). Thompson stated that the property totals 37.842 acres, and is located west of FM 544/south Stone Road and south of Stoneridge Farms Addition. In April 2002, 34 unplatted acres was annexed into the City of Wylie, and the remaining 3.4 acres was added from Lot 9, Block A of the Stoneridge Farms Phase 1 Addition. Twenty notification responses were mailed, and sixteen were received in opposition and one favoring the zoning change. The opposition represents more than 20% of the notification area and a 75% affirmative vote of Council is required for approval. The Planned Development zoning is intended to establish a minimum house size of 3,000 square feet compared to the 2,100 square feet allowed by straight zoning. The conceptual plan illustrates 60 lots with a minimum lot size of 20,000 square feet, although 54 lots exceed this and two lots exceed an acre in size. Easements for major underground utilities traverse the northern side of the tract and cannot be developed, requiring additional setback distance and effectively serving as an open space buffer from the neighboring Stoneridge Farms. A gravity sewer main is available immediately adjacent to the western property line, within the Community Park. Chairman Larson opened the Public Hearing. P &Z Commission Meeting April 5, 2005 Page 10 of 11 Mr. Rob Adams, Adams Consulting Engineering, 2445 Southlake Boulevard, Southlake, Texas, 76092, represented the engineer for the proposal, stated that the proposal complies with the direction received from P&Z Commissioners at the March 1 meeting. Mr. Mike Foster, 1600 Lakeshore Drive, Rockwall, Texas, 75087, represented the applicant for the subject property, and stated that the builder will be Paul Taylor Homes (a brochure of house designs had sizes was included in the P&Z Communiqué). The screening from FM 544 will consist of stone columns with wrought iron, and a wide entry access with a median in the center, which allows emergency vehicles to make a U-Turn easily. Ms. Jamie VanEaton, 1001 Oakbrook Drive, adjacent property owner to the subject property, spoke in opposition of the zoning change, and recommended one-acre lots with a landscaped buffer zone between the existing developments to the north and south of the subject property. Mr. Foster responded that one-acre lots would reduce the number of homes to about 36 and limit the City tax revenue by an equal proportion. Chairman Larson closed the Public Hearing. The Commissioners discussed with Mr. Foster creation of a buffer zone between the surrounding properties. Mr. Foster stated that the utility company will not allow screening on the easement; however, an individual property owner will be allowed to put a fence behind the easement. Commissioners recommended that if fences are built, they be wrought iron and not wood. Mr. Foster agreed to amend the PD with that stipulation included. A motion was made by Commissioner Byboth, and seconded by Commissioner Hughes, to recommend approval to the City Council, with the stipulation that if a fence is built along the north, west or south side of the property, the fence shall be of wrought iron and not wood. Motion carried 5 — 1, with Commissioner Hennesey voting in opposition. 4. Hold a Public Hearing and consider a recommendation to the City Council regarding certain revisions to the Comprehensive Plan for the City of Wylie. Thompson stated that the Commission voted on February 2 and 15, 2005, to recommend certain revisions to the Comprehensive Plan and on February 16, the City Council endorsed the proposed revisions and directed the Commission to obtain citizen comments as required by State Law. Once the revised Comprehensive Plan is adopted, the Zoning Ordinance and Subdivision Regulations will be revised accordingly. Thompson reviewed several areas are already zoned and/or platted for uses other than those recommended by the current Comp Plan as well as these revisions. These include the 1378/Brown Corner, Ballard/Sachse Road at Pleasant Valley, the Wylie Lakes and Pheasant Creek retail. P & Z Commission Meeting April 5, 2005 Page 11 of 11 Thompson summarized the revised land use philosophy of the Comp Plan. The retail/higher- density residential village center will be removed, and the smallest lots will be 10,000 square feet. Commissioners discussed commercial and industrial use, whether it is light or heavy and the need for more non-rail industry and light industry warehousing especially on the west side off FM 544. They also discussed the need for more retail commercial uses on the east and southeast. Chairman Larson opened the Public Hearing. Thompson reminded the Commissioners of the written response received from Sharon Dowdy, stating that raising the minimum requirements for house size is good but does little to positively impact density and to consider looking at more than quality-of-life requirements. The following spoke in favor of the proposed revisions: Ms. Jamie Van Eaton 1001 Oakbrook Drive; Mr. Jim Griffin, 301 W. Kirby Street, #222; Mr. Chad Jordan and Mr. Joel Hemphill. Mr. Don Herzog, Herzog Development, 9696 Skillman Street, Dallas, Texas, expressed concern of commercial on the west and encouraged the Commissioners to re-think the revisions to provide additional commercial and smaller lots. He argued that more houses are needed in order to attract retail and commercial services as well as industrial employment. Chairman Larson closed the Public Hearing. A consensus from the Commissioners was to amend the Comp Plan with retail on the south of FM 544 at Troy Road, and convert the proposed residential to light industry warehouse uses on the west side of FM 544. Thompson stated that the submitted Comp Plan with the recommendations will go to City Council meeting on April 26, 2005. ADJOURNMENT A motion was made by Commissioner Alexander, and seconded by Commissioner Hughes, to adjourn the meetin at)11:50PM. coACk Dennis Larson, Chairman Ma Brley, Secretary