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MINUTES Notice was posted in the time and manner required by
law and quorum was present.
CALL TO ORDER Chairman George called the Regular Meeting to order at 7:10 p.m. PLEDGE AND INVOCATION Commissioner George offered the Invocation and Commissioner Phillips led the Pledge of Allegiance. CITIZEN PARTICIPATION No one appeared to speak.. CONSENT AGENDA ITEM
ACTION AGENDA
Thompson stated that the Final Plat will create a single lot of 5.73 acres in size. The purpose is to develop a new 54,000 square feet warehouse and distribution center in order to consolidate the operations from several existing locations of Southern Fastening Systems. In January of 2002, the City Council initially zoned the subject property from Agriculture (A) District to Business Center District with a Specific Use Permit for Warehouse and Distribution Uses (BC/SUP). A Site Plan was approved with that zoning. A Preliminary Plat was approved by the Council on April 23, 2002. The majority of the property is currently occupied by the 100-year floodplain, which is to be reclaimed as indicated on the Plat. A Letter of Map Revision (LOMR) must be obtained from U.S. Corps of Engineers, based upon the engineered grading and prior to filing of the Final Plat and issuance of a Certificate of Occupancy for the building. The floodplain has already been removed from the adjacent property to the south. No one was present to represent the Plat request. Motion was made by Commissioner Hughes, seconded by Commissioner Chapman, to recommend approval to the City Council for the Final Plat. Motion passed 4 -0.
Thompson stated that this Plat will create 195 single-family residential lots, 6.8 acres of public park land and additional right-of-way for the future widening of Kreymer Road (C.R. 432) as well as several landscape areas to be maintained by the Homeowners Association. The subject property totals 70.593 acres in size. In July of 2001, the City Council initially zoned the subject property from Agriculture (A) District to Planned Develop District (PD) for Single-Family Residential uses. The Conditions of the PD require that all lots be at least 8,500 square feet in size, and establish an average lot size of 10,300 square feet and maximum density of 2.7 dwelling units per acre. A Concept Plan was also approved with the PD. The required park land dedication for 195 lots is 2.9 acres. The Plat dedicated a total of 6.8 acres of park land within two parcels. A 4.8-acre park is located to the northeast of the subject tract adjacent to the proposed elementary school, and is partially occupied by an easement for a major electric transmission line. The second park area, 2 acres in size, is located to the southwest and provides access to an off-site creek corridor that can be developed as a trail/open space connector. No one was present to represent the Plat request. Commissioner George questioned the screening along Kreymer Road in the cul-de-sac. Thompson stated that since the lots do not back onto Kreymer Road, the developer will build masonry columns at the front yards on the lots to each side of the cul-de-sac with wrought iron fencing across the cul-de-sac, and then the private fence will be attached to the masonry columns. Motion was made by Commissioner Phillips, seconded by Commissioner Hughes, to recommend approval of the Preliminary Plat. Motion passed 4 - 0.
Thompson stated that this Plat will create 142 single-family residential lots and includes 48.726 acres. The Plat also dedicates 1.994 acres of public park land, additional right-of-way for the future widening of County Line and Troy Roads, and common landscape areas to be maintained by the Homeowners Association. A Plat for Phase 2 of the Pheasant Creek Addition is on the current agenda for consideration. When the Preliminary Plat was approved by City Council in November of 2001, the property was zoned Single-Family Residential-3 (SF-3), vesting the right to develop lots of 7,200 square feet and streets of 50 feet width which are reflected on the Plat. With the adoption of the new Zoning Ordinance and Map, the property was rezoned to its current Single-Family Residential 8.5/17 District, requiring a minimum lot size of 8,500 square feet. Thompson further elaborated on the changes in residential district zoning. The state law Section 245 of the Texas Local Government Code protects private property owners' right to develop land "solely according to property adopted requirements in effect at the time the original application for the permit is filed." However, a special agreement covering the subject property was made between the homebuilder and City Council on May 14, 2002, stating that the property will not adhere to the new architectural points standards but will comply with some modifications as stated in the special agreement. The required park land dedication for 142 lots is 2.13 acres, and this Plat dedicates 1.994 acres of park land and an additional 1.079 acres of floodplain open space that is not eligible for park land dedication, or a total of 3.073 acres. However, the land above the floodplain, which is dedicated for park by the combined Pheasant Creek Phases 1 and 2, exceeds that required by the code. Motion was made by Commissioner Chapman, seconded by Commissioner Phillips to recommend approval. Motion passed 4 - 0.
Thompson stated that this Plat includes 42.911 acres and will create 143 single-family residential lots. The Plat also dedicates a total of 8.4 acres of public park land in two tracts as well as connecting open space floodplain, and common landscape areas to be maintained by the Homeowners Association. A Plat for Phase 1 of the Pheasant Creek Addition is on the current agenda for consideration. Access to the subject Phase 2 is entirely through Phase 1. When the Preliminary Plat for the subject development was approved, the property was zoned SF-3, allowing 7,300 square feet lots and 50 feet wide local street rights-of-way. Brett Pedigo, 2800 Surveyor Boulevard, Dallas, Texas, represented applicant for the subject property stated that the developer will require by private deed restrictions a four (4) foot or six (6) foot decorative fence separating the park land from the residential property. Commissioner George requested that the fences along the park land be wrought iron. Motion was made by Commissioner Hughes, seconded by Commissioner Phillips to recommend approval of the Final Plat. Motion passed 4 - 0.
Thompson stated that the subject property has never been platted, was originally called the Wylie Presbyterian Hospital and was initially constructed in 1983. The new owner proposes to construct an addition of approximately 16,000 square feet to the building, as well as additional parking. The existing parking will be resurfaced and striped, but the new parking will be 10 x 20 spaces on concrete slab and will be located to the southeast of the existing building. Thompson also stated that there is a joint access easement to the northeast of the property, to allow future access between the hospital, Brookshire's and the Retirement Center under review currently by City Council. The Final Plat under consideration will create a single lot of 20.01 acres in size. The Plat incorporates the entire property and several buildings of the owner into a legal lot of record. The neighboring doctors office is not included in the Plat and remains unplatted. The approximate western half of the property is occupied by the 100-year floodplain, which will remain in place. All proposed improvements are located above the floodplain. Motion was made by Commissioner Hughes, seconded by Commissioner Chapman, to recommend approval. Motion passed 4 - 0.
Thompson stated that the 48.6 acres will create two Lots. Initially, Lot 1 will accommodate a new Junior High School, as well as parking and outdoor sports fields, for the Wylie Independent School District. Ultimately, an Elementary school and parking is also planned to be located on Lot 1. The 1-acre Lot 2 will accommodate a future water storage tank for the Wylie Northeast District on the northeast portion of the property with access provided by an easement along the eastern property line. The subject property is entirely within unincorporated Collin County. On May 13, 2002, the Town of St. Paul released the tract from its Extraterritorial Jurisdiction to Wylie's ETJ, allowing future annexation into the City of Wylie. Wylie has plating authority over lands within its ETJ, but cannot impose zoning or other building regulations within the ETJ. Thompson stated that the City will do the platting, but there will be a joint review by the City and County on engineering and building permitting, unless the property is annexed into the City. The Planning and Zoning will not review a site plan or building elevations because these relate to zoning which cannot be applied to land within the County. W.I.S.D. has expressed desire to annex at least part of the property into the City of Wylie in order to be served with City sanitary sewerage. The Plat provides right-of-way for the future expansion of Park Boulevard from the west across Country Club Road (F.M. 1378) at Dodd Elementary and through the Birmingham Farms Phase 3 single-family residential subdivision. J. T. Brown, 4000 McEwen, Dallas, Texas, represented the applicant and stated that the construction for the Junior High is scheduled to begin in August 2002 and be completed by July 2003. Motion was made by Commissioner Phillips, seconded by Commissioner Hughes, to recommend approval of the Preliminary Plat to the City Council. Motion passed 4 - 0. WORK SESSION
Thompson stated that Texas law generally protects property owners' right to develop land according to the adopted regulations in effect at the time the initial development application is filed. Legislation has historically limited municipalities from enforcing new codes which affect density or lot yield, and recent court cases have broadened that protection to include anticipated economic return. Thompson further stated that each case must be evaluated individually depending on their stage of development, but staff has discussed various approaches for implementation of the new codes with a variety of developers and builders, and has formulated a general strategy for applying the evolving development regulations. Subdivisions platted prior to July of 2000 will comply with the requirements of the 1985 Zoning Ordinance as amended, and as much as possible the Architectural Provisions of the new code. All properties developed after the February 2002 adoption of the revisions to the Zoning Ordinance must comply fully with the new requirements. A Settlement Agreement with fourteen specific subdivisions to comply with special limited requirements was adopted by City Council on May 14, 2002. These Special Conditions include enclosing chimney, minimum roof pitch of 6:12, architectural-grade roofing shingles, all brick mailboxes, address plaque and no vinyl siding on exterior walls. The Commission questioned the time frame of preliminary and final plats. Thompson explained the time frames and stated that preliminary plats vest the right to the code in place, but preliminary plats expire in six months unless a final plat is approved. Approved final plats govern the property in perpetuity, also vesting all rights in force at the time of platting. Commissioners expressed the desire that they want to enforce as much of the new regulations as possible and as soon as possible. ADJOURNMENT Motion made by Commissioner Phillips, seconded by Commissioner Chapman, to adjourn at 8:20 p.m. Motion passed 4 - 0.
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