MINUTES
PLANNING AND ZONING COMMISSION
City Council Chambers Wylie Municipal Complex
2000 State Highway 78 North
Wylie, Texas 75098
Regular Business Meeting
July 2, 2002
7:00 p.m.

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 7:07 p.m.

PLEDGE AND INVOCATION

Commissioner George offered the Invocation and Commissioner Porter led the Pledge of Allegiance.

CITIZEN PARTICIPATION

No one appeared to speak.

CONSENT AGENDA ITEM

1. Consider and act upon approval of the Minutes from the June 18, 2002 Regular Meeting.

Motion was made by Commissioner Porter, seconded by Commissioner Chapman, to approve the minutes as submitted. Motion passed 5 - 0.

PUBLIC HEARING

1. Hold a public hearing and consider a recommendation to the City Council regarding a change in zoning from Single-Family Residential (SF-8.5/17) to Corridor Commercial (CC) District, being lots 1, 2, 3, 4, 5, 6, 7, 8, and 9B of Block 34 of the Railroad Addition, City of Wylie, Collin County, Texas. Zoning Case No. 2002-04.

Thompson stated that the subject area is held in two private ownerships as well as the public street and alley rights-of-way, and totals approximately 1.6 acres. The principal applicant (Dr. Teague) owns all of Lots 1 through 7 which front Ballard Avenue, and intends to use Lots 5, 6, 7, and half of Lot 4 for a new dental office. There are no plans for the use of the remainder of Lot 4 and Lots 1 through 3, except that the applicants purchased these in order to better assure that development on these lots is compatible with the dental office. All of these lots are currently vacant, but have been previously occupied by single-family residences.

The remaining Lots 8 and 9B are owned by the Birmingham Trust, and are occupied by a single-family residence and detached garage.

The property surrounding the subject property is zoned Commercial Corridor (CC), on the northwest, west, north, southwest and south. The properties to east across Ballard are zoned Multi-Family Residential (MF) District and are occupied by single-family residences and apartments.

The applicant originally requested rezoning of a portion of the subject property to the less intensive Neighborhood Services District in order to develop the proposed dental office, but staff interpreted the creation of such a limited and isolated district to be illegal "spot zoning" and recommended expansion of the contiguous Commercial Corridor District. The applicant subsequently gained ownership of a larger portion of the subject property, thereby better assuring control of compatible development on neighboring tracts. The Birmingham Trust agrees with the rezoning of their parcels in order to reconfigure the Commercial Corridor District and avoid isolated residential within nonresidential user and vice versa.

The alley between Ballard and Jackson Street is currently unimproved, but contains public water and sewer services as well as private gas and electric services. The applicant has requested the abandonment of the alley in order to use it as an entry drive and parking. If the abandonment is allowed the utilities will be located within easements on both of the properties.

Thompson stated that Public Comment Forms were mailed to forty-three (43) property owners within 200 feet of this request. Three Comment Forms, representing fourteen of the notified parcels, have been returned, all favoring the requested rezoning.

Dr. Keith Teague, 405 Birmingham, Wylie, owner and applicant, stated that there are no plans for the Lots 1, 2, 3 and 4 of the subject property.

Michelle Mayhand, 401 S. Ballard, Wylie, expressed concerns of screening the subject office use from the residential property across the street. Dr. Teague offered to provide a live screening on the property facing Ballard, but stated that no final plans on landscaping have been made. Commissioners recommended that landscape screening also be added along Calloway Street to screen the office from the residential property to the south. Thompson stated that the Zoning Ordinance does not allow screening within the front yard facing Ballard, nor would the code require screening in the south sideyard because the neighboring residence is separated by the public Calloway Street. He stated that another public hearing must be held to Replat the property because it has been zoned residential, and that a more detailed drawing including the landscaping can be reviewed at that time.

A motion was made by Commissioner Hughes, seconded by Commissioner Chapman, to approve the Zoning Change with stipulation that live screening be added on the south side of the property and the Site Plan detail this landscape when the Replat is submitted. Motion passed 5 - 0.

ACTION AGENDA

1. Consider and act upon approval of a Site Plan for Birmingham Farms Phase 7, generally located north of Brown Street (F.M. 3412) and east of Country Club Road (F.M. 1378), City of Wylie, Collin County, Texas. Tabled by the Planning and Zoning Commission on June 18, 2002.

Thompson stated that the Site Plan will create a single lot totaling 11.845 acres for a mini storage unit consisting of enclosed buildings and open covered storage for recreational vehicles. This item was tabled at the June 18, 2002, Commission meeting to allow the applicant to consider the Commissioner's concerns for screening of the sides of the storage buildings visible from the street and relocating some of the parking to the interior of the facility. The revised Site Plan provides a living screen along the east property line as well as delineation of the security fence surrounding the property. The revised Site Plan also provides parking closer to the storage units, inside of the wall and security gate.

Motion was made by Commissioner Porter, seconded by Commissioner Hughes, to approve the revised Site Plan. Motion passed 5 - 0.

2. Consider and act upon approval of a Site Plan for Birmingham Farms Phase 10, generally located north of Brown Street (F.M. 3412) and east of Sanden Boulevard, City of Wylie, Collin County, Texas. Tabled by the Planning and Zoning Commission on June 18, 2002.

Thompson stated that the Site Plan will create one lot of 13.551 acres for Multi-Family Residential uses. This item was tabled at the June 18, 2002 Commission meeting to allow the applicant to consider the Commissioner's concerns about the actual number of proposed units with provision for the required parking. The revised Site Plan indicates there will be 196 dwelling units reflecting a density of approximately 14.5 units per acre. The Site Plan now indicates the building heights and bedroom configuration for the dwellings. Thompson stated that staff has agreed to recommending a compromise allowing the use of the new parking requirements but all other requirements of the previous code. The required number of parking spaces required by the current code for this development is 324 spaces, and the proposal provides 356 spaces at the new 10 feet by 20 feet dimensions. The previous code under which the Multi-Family use was vested required 490 parking spaces for the proposed 196 dwellings but allowed 9 feet by 18 feet spaces.

Commissioner George asked what the difference was for the parking on the Site Plan reviewed on June 18, 2002 and the revised Site Plan. Commissioner George requested a break while Thompson retrieved the earlier reviewed Site Plan. Thompson stated that the parking on the previous Site Plan showed 362 parking spaces with 144 dwelling units, in order to accommodate the previous requirement of 2.5 spaces for each dwelling unit. The revised Site Plan has 196 dwelling units with 367 parking spaces, which conforms to the parking requirements of the Zoning Ordinance adopted in November 2001 with parking based on the number of bedrooms.

Commissioner George adjourned the meeting at 8:00 p.m. for a break and the meeting reconvened at 8:15 p.m.

Commissioner George raised questions regarding the old architectural requirements and the new architectural requirements. Thompson stated that the development will comply with the old setback requirements, but the new revised architectural requirements will be imposed as well as the new parking requirements. He noted that there was little difference between old and new requirements, with the major differences being setbacks and parking.

John Wells, 5950 Berkshire, Suite 210, Dallas, Texas, represented the applicant, stated that the architectural, landscape and parking requirements under the current Zoning Ordinance will be followed.

Motion was made by Commissioner Porter, seconded by Commissioner Chapman, to approve the Site Plan. Motion passed 5 - 0.

3. Consider a recommendation to the City Council regarding a Replat for the 78 Corner Addition, Lots 1R and 2R, Block A, being a Replat of the Walgreen's-Wylie Addition, Lots 1 and 2, Block A, being all of a certain 6.076 acre tract of land as described in a deed to LSI Development, Inc. as recorded in Cabinet N, Page 378 of the Deed Records of Collin County, Texas, and a portion of that certain tract of land conveyed to Collin County as recorded in File No. 2001-0100218 of the Deed Records of Collin County, Texas, and being situated in the S. B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas.

Thompson stated that the Final Plat for the Walgreen's-Wylie addition was approved by the City Council on June 26, 2001, creating a multi-tenant retail center totaling 5.422 acres. However the earlier Plat did not include the abandoned Kansas City Southern Railroad ROW and therefore lacked access to State Highway 78. The subject Replat will add this 0.654-acre of railroad ROW land in order to provide access to State Highway 78, and rename the Walgreen's-Wylie Addition to the 78 Corner Addition. The Plat provides primary access from Cooper Drive, as well as an access easement from State Highway 78, which will also serve as common access for future development of Lot 2.

Commissioner Porter asked for clarification on the use of the easement closer to the F.M. 544 and State Highway 78 intersection because the signs appear to indicate restricted one-way movement. Juan Gonzalez, with Nathan D. Maier, Inc, 8080 Park Lane, Suite 600, Dallas, Texas, Engineer for the applicant, stated that the entrance on the northern portion of the property is an emergency access easement from the property. The easement closer to the F.M. 544 and State Highway 78 intersection is an entrance only onto the subject property. Gonzalez stated that for safety reasons there is no entrance onto State Highway 78 from the subject property at the easement closer to the State Highway 78 and F.M. 544 intersection. Thompson stated that the City is requesting a hearing on the applicant's behalf from the State as to where a median cut and a curb cut can be located.

A motion was made by Commissioner Hughes, seconded by Commissioner Chapman, to recommend approval of the Replat as submitted. Motion passed 5 - 0.

4. Consider a recommendation to the City Council regarding a Final Plat for the Southplace Estates Phase IV Addition, being all of a certain 8.674 acre tract of land generally located east of Ballard Street and south of F.M. 544, as described in a deed to Twin Lakes, L.P., being part of a certain 10.613 acre tract as described in File No. 97-0054771, of the Deed Records of Collin County, Texas, and being situated in the Allen Atterbury Survey, Abstract No. 23, City of Wylie, Collin County, Texas.

Thompson stated that the Final Plat includes 8.674 acres and will create 29 single-family residential lots at least 8,500 square feet in size.

Commissioners questioned the name of the streets on the Plat. Thompson stated that street names are the applicants' responsibility, and that the streets were named after Ski Resorts except for the one questionable street name was Alamo. Robert Betancur, 1413 Buckner, North Richland Hills, Texas, represented the applicant, stated that the streets Silver City Drive and Alamo will be changed.

A motion was made by Commissioner Chapman, seconded by Commissioner Adamcik, to recommend approval of the Final Plat. Motion passed 5 - 0.

5. Consider a recommendation to the City Council regarding a Final Plat for the Lake Trails of Bozman Farm Addition, being all of a certain 50.32 acre tract of land generally located east of F.M 544 and south of Stone Road, being all of that tract of land described in a deed to Edwina Collins Cook as recorded in County Clerk's File No. 93-0039237 of the Deed Records of Collin County, Texas, and being situated in the Allen Atterbury Survey, Abstract No. 23 and the Aaron West Survey, Abstract No. 979, City of Wylie, Collin County, Texas.

Thompson stated that the Final Plat includes 50.32 acres and will create 104 single-family residential lots and 4 common areas as well as the major entry drive into the Bozman Farm Planned Development (PD 2001-51). Collins Boulevard will be completed and constructed to provide access to the subject property. A portion of Collins is located outside of the subject Plat on property recently annexed into the City and scheduled to be incorporated into the Planned Development District soon.

Skip Klinefelter, Red Group Developer Services, 1771 International Parkway, Richardson, Texas, represented the applicant, stated that the overall PD calls for 25 percent of 6,000 square feet lots, 35 percent of 7,500 square feet lots and 40 percent of 8,500 square feet lots. The Plat presented represents no lots of 6,000 square feet, only 8 percent of lots with 7,500 square feet homes, and 92 percent are 8,500 square feet or larger. Commissioner George asked about the history of the naming of Collins Boulevard. Klinefelter stated that the previous owner of the property was named Collins and wanted to keep the heritage of the land, similar to the use of Bozeman for the overall development.

A motion was made by Commissioner Chapman, seconded by Commissioner Adamcik, to recommend approval of the Final Plat. Motion was passed 5 - 0.

6. Consider and act upon approval of a Site Plan for Wylie Plastering, located at 45 Steel Road, being situated in the William Sachse Survey, Abstract No. 835, City of Wylie, Collin County, Texas.

Thompson stated that the subject Site Plan is for an office/warehouse building with approximately 5,000 square feet of office space and 18,000 square feet of warehouse, as well as parking and landscaping on the 8.00-acre lot. Since the lot was never platted, the Site Plan reflects the requirements of the new Zoning Ordinance and the development will comply with these new code requirements.

A Preliminary Plat is also on the current agenda for review.

Charles Barber, 7275 Moss Ridge, Parker, Texas, owner/applicant for the subject property, stated that there are twelve overhead doors on the warehouse building to the south. There will be 18-wheel trucks coming in one side of the building, to unload and then exit out the other side of the building. Barber stated that there will be concrete between the warehouse and fire lane noted on the Plan.

A motion was made by Commissioner Porter, seconded by Commissioner Hughes, to approve the Site Plan. Motion was passed 5 - 0.

7. Consider a recommendation to the City Council regarding a Preliminary Plat for the Barber Addition, being all of a certain 8.00 acre tract of land, generally located south of F.M. 544 and east of Regency Drive, as described in a deed to Austin Wylie Realty, LTD, as recorded in Volume 4921, Page 1206 of the Deed Records of Collin County, Texas, and being situated in the William Sachse Survey, Abstract No. 835, City of Wylie, Collin County, Texas.

Thompson stated that the Preliminary Plat for the Barber Addition includes 8.00 acres and will create a single lot for Office/Warehouse uses. The Preliminary Plat substantially conforms to the Site Plan approved by the previous action on the current agenda, and complies with the Subdivision Regulations and all other pertinent code requirements.

A motion was made by Commissioner Chapman, seconded by Commissioner Adamcik, to recommend approval. Motion passed 5 - 0.

MISCELLANEOUS

Commissioners acknowledged new Commissioner Jeff Adamcik and extended a very warm welcome to him.

ADJOURNMENT

Motion to adjourn by Commissioner Hughes, seconded by Commissioner Chapman. Motion passed 5 - 0, and meeting was adjourned at 9:20 p.m..