Loading...
09-23-2003 (City Council) Minutes MINUTES Wylie City Council Tuesday, September 23, 2003 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North ;BALL`L"�,.�►R13EIt: ,.' :.. . The meeting was called to order by Mayor John Mondy at 6:02 p.m. with the following council members present: Mayor Pro Tem Eric Hogue, Councilwoman Reta Allen, Councilman Chris Trout, Councilman J. C. Worley, Councilman Merrill Young, and Councilman Randal Shinn. The following staff members were present: City Manager, Biff Johnson; Assistant City Manager, Mindy Manson; Finance Director, Brady Snellgrove; City Engineer, Chris Holsted; Planning and Zoning Director, Claude Thompson, Public Information Officer, Mark Witter,and City Secretary, Carole Ehrlich. I1 VOCA'I IO &PLED E:;OF A LF IA C A Moment of Silence "In Memory of Joel Scott" former Councilman and Friend Reverend Jerry North of the First Assembly of God Church will lead us in Prayer A moment of silence was taken in"Memory of Joel Scott"former Councilmember and Friend after which Reverend Jerry North of the First Assembly of God Church lead the prayer. Mayor Pro Tern Eric Hogue led the Pledge of Allegiance. • • CITIZENS PARTICIPATION .:.. . There was no one present to address the council. CONSENT AGE1 DA . .. ... All matters:listed under the Consent:Agenda are considered to lbe routine by the City C�uncil:and will be'. enacted b one motion Tbei e. *ill:not:be s+ .arate d sc ssion of these items.If discussion is deslred,that item will be removed fro n th Consent Agenda and w ill;be considere t separ ... A. Approval of the Minutes from the Regular Meeting of September 9, 2003 B. Consider and act upon a Final Plat for the A&W Properties Addition, being all of a certain 25,629 square feet (0.5884 acre) tract of land, generally located north of F.M. 544 and east of Springwell Parkway, as described in a deed to Peter Parks, recorded in Volume 2152, Page 502 of the Deed Records of Collin County, Texas (DRCCT), and also being described as Lot 10 of McCord's Little Six Addition, an unapproved plat recorded in Volume 1002, Page 447 of the DRCCT, and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. C. Consider and act upon a Preliminary Hat for the Alanis Addition, being all of a certain 5.201 acre tract of land, generally located east of Ballard Avenue and north of Alanis Drive, as described in a deed to Whisenant Properties, Inc., as recorded in County Clerk's File No. 97-0054771 of the Deed Records of Collin County, Minutes—09-23-03 Wylie City Council Page 1 Texas (DRCCT), and being situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. D. Consider and act upon a Development Plan/Preliminary Plat for the Woodbridge Phase 9 Addition, being all of a certain 49.718 acre tract of land, generally located south of Alanis Drive and west of Sachse Road, and being a part of the remainder of the 411.15 acre tract of land described in a deed to C.J. Thomsen, recorded in Volume 742, Page 64 of the Deed Records of Collin County, Texas and being a part of the remainder of the 199.3963 acre tract of land described in a deed to Woodbridge Properties, L.L.C., as recorded in County Clerk's File No. 97-0032076 of the Deed Records of Collin County, Texas and being situated in the Richard Newman Survey,Abstract No. 660, City of Wylie, Collin County, Texas. E. Consider and act upon Ordinance#2001-30 ratifying the findings contained therein. F. Consider and act upon Ordinance#2003-23 abandoning an alley in Block 7 of the Brown and Burns Addition and declaring it is no longer necessary for a public purpose. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman J. C. Worley to approve the consent agenda with one change to the minutes changing the word park to playground on page 7. A vote was taken and passed 7-0. INDI IDUAL NSID. RTION 1. Hold a Public Hearing to consider and act upon a change in zoning from Community Retail (CR)to Planned Development District(PD) for Retirement Housing,being a 7.643 acre tract of land generally located south of State Highway 78 South and west of Mardi Gras Lane, and being a portion of the 5.232 acre tract of land described in a deed to Ross S. Bagwell and Paula D. Bagwell, Agland Chemical Money Purchase Plan and Agland Chemical Profit Sharing Plan, as recorded in County Clerk's File No. 94-0078165, Deed Records of Collin County, Texas (DRCCT), and being a portion of the 20.01 acre tract of land described in a deed to Bariatric Care Center of Texas, Inc., as recorded in Volume 4621, Page 1555 of the DRCCT, and being situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas. (Zoning Case 2003-11) Staff Comments Mr. Claude Thompson addressed council stating that the applicant is requesting rezoning to a Planned Development (PD) District in order to allow construction of a retirement residential complex restricted to senior citizens, including 150 attached dwelling units and common community center. Every apartment must contain at least one person who is 55 years of age or older,and minor children are not allowed. The subject property totals 7.643 acres, reflecting a gross density of 19.63 dwelling units per acre. However, development will be confined to a 5.139 acre parcel, reflecting a net density of 29.3 dwellings per acre, with the remaining 2.504 acres to remain undeveloped open space. Traditional apartments as well as assisted living for seniors are allowed by right within the current Community Retail Zoning when included within multi-use structures, but the proposal anticipates no such mixed uses and can be permitted only by Planned Development District. The proposal will contain only 2-and 3-bedroom suites and all dwellings will have full kitchens. The Conditions of the PD propose several variances from the standard regulations of the Zoning Ordinance, including,taller buildings, smaller setbacks, less masonry on exterior walls and reduced parking. The property's limited access and visibility limit its potential for the retail uses for which it is currently zoned. The Planning & Zoning Commission recommends approval, while staff recommends Minutes—09-23-03 Wylie City Council Page 2 denial of the requested rezoning. Public comment forms were received from eleven (11) property owners within 200 feet of the request,with four favoring and seven opposing the rezoning. Consultant/Developer Comments Mr. Karl Crawley of 500 S. Ervay, Dallas, Texas, a consultant representing the applicant stated that the development would be a senior housing project and not a traditional housing project. He also explained a survey that had been done on parking availability in other cities for like developments already in existence. He stated that the parking, according to this survey was adequate for this proposed development. A vehicle would be on site to take persons living in the development to doctors, stores and other locations. He stated that he found in the survey that 50%of the residents would not have vehicles. Mr. Crawley explained that the 80/20 mix for the masonry would be an exception that the development would need. He explained that the apartments would rent for around $600.00 to$700.00 per apartment to make it affordable to persons on a fixed income. Mr. Biff Johnson asked Mr. Crawley if the city approved the zoning change, would the developer be coming back to the city for support to get the lending phase of the project through the state agencies. Mr. Tony Sisk representing Churchill Residential (applicant) addressed council stating that the only support needed from the city would be for support of the payment in lieu of taxes portion of the funding. Council Discussion Councilman Worley asked why staff recommended denial. Mr. Thompson stated that staff recommended denial based on the fact that by definition the proposal was for Multi-Family Development rather than Planned Development and the density is significantly higher than the city has ever allowed for Multi-Family Zoning. Other issues that staff had were the parking,the number of stories and the closeness to the residential properties. Mayor Mondy asked why the facility had only two and three bedroom apartments and not one bedroom apartments which would be designed more for senior living. Mr. Thompson stated that staff had some questions pertaining to this issue as well and were told that the extra bedrooms could be used for guests and office space within the apartment. Councilman Shinn asked how long the zoning change if approved would last if the property was sold and someone wanted to convert the proposed development into apartments for multi-family use. Mr. Thompson stated that the zoning went with the land and the new land owner would have to come back to council to change the zoning. Some discussion by council addressed several issues pertaining to: lack of a hospital in Wylie, lack of a mass transit system, lack of 1 bedroom units, and affordability of the proposed housing to the elderly. Public Hearing Mayor Mondy opened the public hearing at 6:50 p.m. asking anyone wishing to address council to come forward and state their name and address for the record and keep their comments to 3 minutes. No one was present to address the council. Mayor Mondy closed the public hearing at 6:51 p.m. Council Action A motion was made by Councilman Trout, seconded by Councilman Worley to deny the zoning change from Community Retail (CR) to Planned Development District (PD), ( Zoning Case #2003-11). A vote was taken and passed 7-0 Minutes—09-23-03 Wylie City Council Page 3 2. Consider and act upon a Payment in Lieu of Ad Valorem Taxes Agreement with PWA-Wylie Senior Community,L.P. Council Action Based on the denial of Zoning Case#2003-11,there was no action taken on this item. 3. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family 8.5/17 (SF-8.5/17) to Townhouse (TH) District for residential uses, being located at 414 N. Jackson Avenue, and being Lot 3A, Block 2 of the Russell Addition, and being situated in the S. B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas. (Zoning Case 2003-12) Staff Comments Planning and Zoning Director, Mr. Claude Thompson addressed council stating that the applicant is requesting rezoning from Single-Family 8.5/17 to Townhouse (TH) in order to continue redevelopment from detached single- family homes to duplexes, similar to the recent pattern to the west side of Jackson Street. The subject lot is vacant, and is of sufficient size to accommodate the proposed duplexes. The property must be re-platted prior to issuance of a building permit. The Planning &Zoning Commission and staff recommend approval of the requested rezoning. Public comment forms were received from three (3) property owners within 200 feet of the subject property, all favoring the request. Developer Comments Larry DeBerry representing L.G.D. Properties addressed council stating that the projects his company had done in the City of Wylie previously were done to the high standards his company is known for. He stated that the proposed duplexes would only enhance the existing area. Councilman Trout inquired about the landscaping to other projects Mr. DeBerry had done. Mr. DeBerry stated that there would be grass on the properties. Public Hearing Mayor Mondy opened the public hearing at 7:00 p.m. asking anyone wishing to address council to come forward and state their name and address for the record and keep their comment to 3 minutes. There was no one present to address council. Mayor Mondy closed the public hearing at 7:00 p.m. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Trout to approve Ordinance #2003-24 (Zoning Case #2003-12), changing the zoning from (SF-8.5/17) to Townhouse (TH). A vote was taken and passed 6-0 with Mayor Mondy, Mayor Pro Tern Hogue, Councilwoman Allen, Councilman Shinn, Councilman Trout and Councilman Young voting for and none against with Councilman Worley absent for the vote. WORKSESS)O)Y>..... • Discuss new sign regulations Mayor Mondy convened into work session at 7:05 p.m. Minutes—09-23-03 Wylie City Council Page 4 Staff Comments Building Official, Dale Jackson addressed council showing a short power point presentation regarding signs used in other cities to direct citizens to the new homes in a development. He stated that some cities were using panel (kiosk) signs in lieu of the small row directional signs. These larger panel signs would list several companies in the area with homes for sale along with the designated direction arrows. He stated that there was some interest by the Home Builders Association of Greater Dallas to construct and maintain such signs within the city. These panel signs would be approved by council and carry a two year permit, after which time the company would be required to re- submit a new application to allow the sign to remain for an additional two year period. Council asked who would be responsible for the maintenance of such signs. Mr. Jackson stated that the person applying for the permit would be responsible for the maintenance of the approved sign. There would be a time period in which the repairs would have to be completed. Councilman Trout asked how the re-application process would work for companies wishing to leave signs up for an additional time period. Mr. Jackson stated that once the initial two year period had expired, the city would send notice to the applicant explaining that the applicant could apply for a new permit to leave the sign up for an additional two year period, if approved by council, or would be responsible for removing the sign within a designated time period. Mr. Johnson stated that other changes within the proposed new sign ordinance included: increased size allowed for attached signs, increased square footage from 300 square feet to 400 square feet, the allowable sign list has been expanded to include all signs to conform to state law, the Construction Code Board would hear all sign variances rather than the Board of Adjustment as is currently done, and non-conforming sign verbiage has been changed to conform with state law. • RECONVE1 E TQ REG.ULAR SE5.1( N:.:; Mayor Mondy reconvened the regular session at 8:10 p.m. 4. Consider and act upon Ordinance #2003-14, adopting new sign regulations, repealing Ordinance #2002-27 and repealing all conflicting ordinances. Mr. Paul Cauduro representing Home Builders Association of Greater Dallas addressed council stating that his association would like to give support and input into the smooth transition from row directional signs to the panel signs. He stated that at some point his association would like to propose to be the third party administrator of the new sign program. Mr. Cauduro explained that the transition would take approximately one year and his recommendation to council would be to phase out over time the directional signs until the panel signs could be fully implemented. Persons representing local builders spoke to council reiterating their desire to retain the directional signs. Council Action A motion was made by Councilman Worley, seconded by Councilman Shinn to table this item for 45 days to obtain additional information. A vote was taken and passed 7-0. Minutes—09-23-03 Wylie City Council Page 5 - 5. Hold a Public Hearing to consider and act upon adoption of revisions to the Comprehensive Zoning Ordinance of the City of Wylie, Collin County,Texas. Planning and Zoning Director, Claude Thompson addressed council stating that in February of 2002, the City Council adopted a new Zoning Ordinance, significantly revising the previous Ordinance which had been in place since 1985. Since their adoption, administration of the new regulations have identified certain areas in need of revision, including exterior materials for residential uses (Section 3.4.F), the size and materials for accessory buildings (Section 2.5.D), the permitting of Temporary Uses (Section 5.5), and the allowance of some building encroachments into required yards (Section 2.5.E). Section 211.006 of the Texas Local Government Code requires that the governing body hold a publicized public hearing before adopting zoning regulations. The Planning & Zoning Commission and staff recommend adoption of the revisions as proposed. Public Hearing Mayor Mondy opened the public hearing at 8:25 p.m. With no one present to address council on this item, Mayor Mondy closed the public hearing at 8:25 p.m. Council Action A motion was made by Councilman Trout, seconded by Councilman Worley to approve Ordinance #2003-25 adopting revisions to the Comprehensive Zoning Ordinance of the City of Wylie, Collin County, Texas. A vote was taken and passed 7-0. READING t ' O NANCES TITLE &$i CA. 'IO APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHART Rs:AI City Secretary, Carole Ehrlich read Ordinance#2003-23, 2003-24 and 2003-25 into the official record. Mayor Mondy recessed the Regular Session into Executive Session at 8:30 p.m. EXECHTI' SESSION In accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated (Open Meeting Act), Section 551. Section 551.071, Government Code. Meeting with city attorney to receive information pertaining to a personnel issue in which the duty of the city attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act. RECONN.E INTO ►PE1 MEETG< Take any action as a result of the Executive Session. Mayor Mondy reconvened in open session at 9:00 p.m. There was no action taken as a result of executive session. minutes-09-23-03 Wylie City Council Page 6 A IJOURNME1' T. . With no further business before council the meeting was adjourned at 9:01 p.m. F..W Y SEAL J n Mond ,M r ., kt I E TE .••• ATTEST: '� ' . Ca ole Ehrlic Secretary Minutes—09-23-03 Wylie City Council Page 7