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02-05-2019 (Planning & Zoning) Minutes Planning & Zoning Commission CITY OF WYLOE Minutes Regular Meeting February 5, 2019—6:00 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road,Bldg. 100 Wylie,TX 75098 CALL TO ORDER Announce the presence of a Quorum. Chair Ron Smith presided the meeting and called the meeting to order at 6:05PM. Commissioners present: Chair Ron Smith, Vice Chair Randy Owens, Commissioner Bryan Rogers, Commissioner Cory Plunk and Commissioner Mike McCrossin. Commissioner absent: Commissioner Jade Duan and Commissioner Brad Emerson. Staff present: Ms. Renae' 011ie, Planning Director, Mr. Chris Hoisted, Assistant City Manager, Mr. Ryan ow" Pittman, Attorney, Mr. Jasen Haskins, Senior Planner, Mr. Kevin Molina, Planner, and Ms. Mary Bradley,Administrative Assistant. INVOCATION &PLEDGE OF ALLEGIANCE Commissioner Rogers gave the invocation and Commissioner Plunk led the Pledge of Allegiance. CITIZENS COMMENTS ON NON-AGENDA ITEMS No citizens came forward to address Planning and Zoning Commission. CONSENT AGENDA A. Consider and act upon approval of the Minutes from January 15,2019, Regular Meeting. Council Action A motion was made by Commissioner McCrossin, seconded by Vice Chair Owens, to approve the Minutes from January 15,2019 meeting,as presented.A vote was taken and the motion carried 5—0. REGULAR AGENDA 1. Consider, and act upon, a recommendation to the City Council regarding a 0.+ Preliminary Plat for Azure Addition to establish 1 commercial lot on 1.101 acres. Property located west of the intersection of W. Alanis Lane and Alanis Drive. Minutes February 5,2019 Planning&Zoning Page 1 Staff Comments Mr.Molina addressed the Commissioners stating that the property is 1.101 acres and is located west of the intersection of W.AIanis Lane and Alanis Drive and is zoned Planned Development 2019-01. The plat dedicates 6.671 square feet of right of way for the future widening of W Alanis Lane and creating the proper visibility and utility easements. Approval is subject to additions and alterations as required by the City Engineering Department. A Site Plan for the development is on the current agenda.The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations.Approval is subject to additions and alterations as required by the City Engineering Department. Commissioners Action With no questions for the applicant, a motion was made by Commissioner McCrossin and seconded by Commissioner Rogers, to recommend approval to the City Council regarding a Preliminary Plat for Azure Addition to establish 1 commercial lot on 1.101 acres. Property located west of the intersection of W. Alanis Lane and Alanis Drive. A vote was taken and carried 5—0. 2. Consider, and act upon, a Site Plan for Azure Pools, on Lot 1, Block 1 Azure Addition on 1.101 acres. Property located west of the intersection of W. Alanis Lane and Alanis Drive. Staff Comments Mr. Molina stated that the applicant is proposing to develop a two story commercial building for office showroom/warehouse use on a single lot consisting of 1.101 acres. The property is zoned Planned Development 2019-01, and allows for outside display and storage of merchandise. The proposed use of the business is for the sale of outdoor pool and patio accessories. The commercial structure measure 5,056 square feet on the first floor and 1,566 square feet on the second floor with a total square footage of 6,622 square feet and will require the installation of a fire sprinkler system. The City Fire Department has waived the requirement for a fire lane due to the site having a unique topographic grade change. Fire and other emergency vehicles will still have the capability to maneuver on the proposed driveway. A four foot sidewalk will be installed along both street frontages. The site is proposing 14 parking spaces with driveway entrances from W. Alanis Lane and Alanis Drive. The entire site will be enclosed by a six foot tall wrought iron fence with sliding gates at all the entrance driveways and an outside storage area that will be screened by an eight foot tall masonry wall. As presented the site complies with the landscaping and architectural requirements of the Zoning Ordinance. Approval is subject to additions and alterations as required by the City Engineering Department. �•t Commissioners Action Minutes February 5,2019 Planning&Zoning Page 2 A motion was made by Commissioner Rogers, and seconded by Commissioner McCrossin, to approve the Site Plan for for Azure Pools, on Lot 1, Block 1 Azure Addition on 1.101 acres. Property woo located west of the intersection of W. Alanis Lane and Alanis Drive.A vote was taken and carried 5 —0. 3. Consider,and act upon,a recommendation to the City Council regarding a Preliminary Plat for North Texas Municipal Water District,creating one lot on 5.032 acres, generally located at the intersection of Lynda Lane and Forrest Ross Road. Staff Comments Ms. 011ie stated that the property totals 5.021 acres and creates a single lot for an Office/Water Operations Center. The Subdivision Regulations allows for a Preliminary and Final Plat to review concurrently. A Final Plat and Site Plan are on the current agenda for consideration. The Preliminary Plat complies with all applicable technical requirements of the City of Wylie. Approval subject to additions and/or alterations to the engineering plans as required by the Engineering Department. Commissioners Action A motion was made by Commissioner McCrossin,and seconded by Commissioner Rogers,to recommend approval to the City Council regarding a Preliminary Plat for North Texas Municipal Water District,creating one lot on 5.032 acres, generally located at the intersection of Lynda Lane and Forrest Ross Road. A vote was taken and carried 5—O. 4. Consider,and act upon,a recommendation to the City Council regarding a Final Plat for North Texas Municipal Water District, creating one lot on 5.032 acres, generally located at the intersection of Lynda Lane and Forrest Ross Road. Staff Comments Ms.011ie stated the property totals 5.032 acres and creates a single lot for an Office/Water Operations Center.The tract was rezoned from AG-30 to Planned Development-Business Government in December 2018. The engineering plans have been submitted for review.The plat complies with all applicable technical requirements of the City of Wylie and is consistent with the Preliminary Plat. A Preliminary Plat and Site Plan are on the current agenda. Commissioners Action A motion was made by Commissioner Rogers,and seconded by Vice Chair Owens,to recommend mom approval to the City Council regarding a Final Plat for North Texas Municipal Water District, creating one lot on 5.032 acres, generally located at the intersection of Lynda Lane and Forrest Ross Road. A vote was taken and carried 5—0. Minutes February 5,2019 Planning&Zoning Page 3 5. Consider,and act upon,approval of a Site Plan for North Texas Municipal Water District,on Lot 1,Block A of North Texas Municipal Water District on 5.032 acres, Mmi' generally located at the intersection of Lynda Lane and Forrest Ross Road. Staff Comments Ms. 011ie stated that the property totals 5.032 acres and creates a 14,343 square feet Office/Water Operations Center for the North Texas Municipal Water District on one single lot. The maximum height of the facility is the mechanical room at 26 feet and 4 inches, however the mechanical room does not have windows. The primary portion of the building is 16 feet and 8 inches in height.The site design layout provides three points of access with 90 parking spaces. A Preliminary Plat and Final Plat are on the current agenda. Commissioners Action A motion was made by Commissioner McCrossin,and seconded by Commissioner Plunk,to approve Site Plan for North Texas Municipal Water District, on Lot 1, Block A of North Texas Municipal Water District on 5.032 acres, generally located at the intersection of Lynda Lane and Forrest Ross Road.A vote was taken and carried 5—0. Chair Smith recessed the Commission into Executive Session at 6:30 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001,et.seq.Texas Government Code,to wit: Sec.551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING. A governmental body may not conduct a private consultation with its attorney except: (1) When the governmental body seeks the advice of its attorney about: a. Pending or contemplated litigation; or b. A settlement offer; or (2) On a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. Chair Smith reconvened into Open Session at 7:25 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. 6. Consider, and act upon, a recommendation to the City Council regarding a Preliminary Plat for Brookside Estates Addition to establish 73 residential and four open space lots on 14.599 acres within Wylie's ETJ, located at 2121 Stone Road approximately 1800' east of Kreymer Lane. Minutes February 5,2019 Planning&Zoning Page 4 Staff Comments Mr. Haskins stated that the applicant is proposing to develop a 14.599-acre residential development mom consisting of 73 residential lots and four open space lots.The property is in the City's ETJ in the county of Collin.As such,the City's Subdivision Regulations apply along with the City's engineering standards, such as street design,due to an interlocal agreement with Collin County. However,the Zoning Ordinance does not apply in this subdivision. The proposed residential lots are generally between 40-45 feet in width and 110-140 feet in depth,that meets the requirements of the Subdivision Regulations. The development will be served by the East Fork S.U.D.Sewer will be served by the city of Wylie due to the property being within Wylie's sewer Certificate of Convenience and Necessity.The City currently has a 24-inch sewer line and 30 feet easement on the property as the line is 25 feet deep in places.The developer has proposed relocating the line and easement at their expense.However, the proposed main easement of 20 feet may not be adequate for future access. A proposed agreement for the expense of the move is expected to be forthcoming before the February 26,2019 City Council consideration of this item. Should the Council approve the agreement,the applicant will be required to maintain service during the course of construction. In addition,the plat currently displays the building line setback at 10 feet.The Subdivision Regulations require 50 feet in the ETJ.The purpose of the required setback is for possible future Right-Of-Way availability.The developer has offered 15 feet. The engineer has indicated the storm water runoff will require either an easement or a detention pond to the eastside would be required prior to Final Plat.The developer has asked to wait until construction plans mom are finalized to add this item,and the engineer has agreed. The plat also dedicates right of way for a future expansion of Stone Road. The plat is not technically correct at this time.However,the City and developer are working toward resolving outstanding issues.As such,the Commissioner may also conditionally recommend approval or recommend denial. Approval is subject to additions and alterations as required by City Development Services, the City Engineering Department, Eastfork SUD,and Collin County Development Services. Commissioners Comments Commissioner Plunk questioned the issue with the sanitary sewer easement and status on the location. The city currently has a 30 feet easement on the property,and the developer is requesting 20 feet.Because of the depth of the easement being 25 feet deep,the city engineer stated that the 20 feet will not be adequate for future access.The developer has submitted an email stating that they agree to the expenses, however,no details worked out. Mr.Art Anderson,Attorney for the applicant, 2728 W Harwood, Dallas,Texas,stated that the property is a unique tract of land being in the ETJ,some standards apply and some apply to zoning, such as the setback issue.The setback proposed was 10 feet and the applicant agrees to 15 feet.The utility easement is for the water runoff.The developer always pays for the sewer line and the applicant agrees to the 30 feet.The request is to approve the plat with conditions that an agreement stating that 30 feet easement will be installed and paid by the applicant and the setbacks will be 15 feet be submitted to Staff prior to Council,and submitted to the Council for consideration with the plat. Minutes February 5,2019 Planning&Zoning Page 5 Commissioner Rogers questioned the 10 feet or 15 feet setback,expressing the closeness to the road.Mr. Anderson stated that there are several developments that have the same type of setbacks. Vice Chair Owens asked for clarification of the type of agreement for the easement.Mr.Anderson stated �" + that the applicant is in agreement for a 30 feet wide,26 inch line and to maintain functionality and pay for full cost of moving the easement. Public Comments Chair Smith opened the Public Hearing. Ms. Bethany Packard,2175 Stone Road, spoke in opposition of the request,expressed concerns for tree preservation and water runoff. Ms. Laurie Pollard,P.O.Box 1701,spoke in opposition of the request and lives to east of the proposed development,and expressed concerns for negative impact,water runoff,tree preservation and increase of traffic. Mr.Chris Pollard,P.O.Box 1701,spoke in opposition of the request,expressed concerns to the impact to the pond on their property. Mr. Geoff Kilgore,2205 E Stone Road, spoke in opposition of the request,and questioned why the developer is not annexed into the city limits and how the sewer could be accessed without the land being in the city limits.Mr.Chris Hoisted,Assistant City Manager,stated that the city has a Certificate of Convenience and Necessity(CCN) to provide sewer services.The design is from the Texas Commission on Environmental Quality(TCEQ)Water Board.The proposed property is within the CCN area,so they do have some rights to have access to the sewer services.To relocate the easement is a different discussion and annexation is for the developer to respond. Ms.Julie Kilgore,2205 E Stone Road,spoke in opposition of the request,expressed concerns to the impact of the pond,city sewer services,increased of traffic,tree preservation and annexation. Ms. Betsy Cowan, 1000 S Kreymer,spoke in opposition of the request,and expressed concerns regarding the ability to have access for city sewer.Ms.Cowan stated it was not a good fit for the area or community and annexation. Mr.Chad Packard, 2175 Stone Road, spoke in opposition of the request,expressed concerns to the impact of the traffic and maintenance of the road. Mr.Chris Pollard,P.O. Box 1701,spoke in opposition of the request,stating that the proposed development will have a negative impact to the community.Mr. Pollar stated he was not opposed to progress; however,the proposed development is not a good progress, not next to existing acreage properties. Chair Smith closed the Public Hearing. Commissioners Discussion Mr.Anderson responded to the citizens that spoke,stating that if the property was annexed the lot size would be 10,000 square feet,which did not economically work for the proposed development.Mr. Anderson stated that the western alley could be removed to save the trees along the western property line. Mr.Trey Wallette,Skorburg Company, 8214 Westchester Drive,Dallas, stated that alleys are required Minutes February 5,2019 Planning&Zoning Page 6 but not required for rear entry homes within the Subdivision Regulations.The tree line can remain, and the lots on the western side will be front entry homes with a 20 feet setback. .7MPSO, Commissioners Action A motion was made by Commissioner Rogers, seconded by Commissioner Plunk, to recommend denial to the City Council regarding a Preliminary Plat for Brookside Estates Addition to establish 73 residential and four open space lots on 14.599 acres within Wylie's ETJ, located at 2121 Stone Road approximately 1800' east of Kreymer Lane. Denial based upon the fact the plat does not meet the platting requirements. A vote was taken and carried 5—0, Mr. Anderson requested a certified letter of denial. Mr. Pittman stated that the letter was not a requirement to do at this time, and that his office would put it together. ADJOURNMENT Vice Chair Owens, seconded by Commissioner McCrossin, made a motion to adjourn the meeting. A vote was taken and carried 5 -O. cll-‘1 Ron Smith, Chair 4.4. ATTEST: A - ,1( Mary Br diey,Administrative Assistant \ - MgEnt Minutes February 5. 2019 Planning &Zoning Page 7 Meeting Date: Item No: AFFIDAVIT THE STATE OF TEXAS COUNTY OF .""- lin'tiLt a me ber of th e Wylie ) make this affidavit and hereby on oath state the following: 1. I, and/or a person or persons related to me in the first degree by consanguinity or affinity,as determined under Chapter 573, Government Code, (hereinafter referred to as "relative") have a substantial interest in (place an "x" by the paragraph(s) that apply): a business entity which could receive a special economic effect on the business entity that is distinguishable from the effect on the public; and/or real property which is reasonably foreseeable to receive a special economic effect on the value of the property distinguishable from its effect on the public, as a result of a vote or decision of the as those terms are defined in'Chapter 171, Local Government Code. 2. Complete as applicable (place an "x" by the paragraph(s) that apply): The business entity is . I/we have a substantial interest in this business entity for the following reasons (place an "x" by the paragraph(s) that apply): I and/or my relative own 109/0 or more of the voting shares of the business entity or I and/or my relative own either 10% or more or $15,000 or more of the fair market value of the business entity; and/or Funds received by me and/or my relative exceed 10% of my and/or my relative's gross income for the previous year. The real property is described as and is generally located at I/we have a substantial interest in this property because the interest is an equitable or legal ownership with a fair market value of $2,500 or more. A relative of mine has substantial interest in the business entity or property that would be affected by my decision of the public body of which I am a member. Other: Conflict of interest Affidavit Page 1 of 2 Revised 2/22/2018 Upon the filing of this affidavit with the City Secretary of the City of Wylie, Texas, I affirm that I will abstain from voting on any decision involving this business entity and/or real property and from any further participation on this matter whatsoever. Signed this day of - i' OFFICIAL I TatlepiezAilfil jJ (OD/ Cfie " ' BEFORE ME, the undersigned authority,this day personally appeared o„7c, .. .. and on oath stated that the facts hereinabove stated are true to the best of their knowledge and belief. Sworn to and subscribed before me on `` day of , r iA r t _ w. r p AV V �`A 'L :ta t NOTARYus r Note y P lic in and for th t to of Texas r tta Ex#ur t4 red My commission expires: Conflict of Interest Affidavit Page 1 of 2 Revised 2/22/2018