06-05-1995 (Planning & Zoning) Minutes MINUTES
The Planning and Zoning Commission met in a Regular Business Meeting on June 5, 1995, at 6:30 p.m. in the
Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North, Wylie, Texas 75098. A
quorum was present and a notice was posted in the time and manner required by law.
COMMISSION MEMBERS PRESENT: Chairman Bart Peddicord ,Vice-Chairman, Rich Eckman, John
Crowe, Stuart Allison(arrived late), and Tim Owen.
ABSENT: Steve Ahrens, and Cecilia Wood - excused
STAFF MEMBERS PRESENT: Building Official, Mike Phillips and Technical Coordinator, Lisa Price
ACTION ITEMS
ITEM NO. 1: Consider approval of the Minutes from May 15, 1995 Regular Business Meeting. A motion was
made by Rich Eckman and seconded by Tim Owen to approve the Minutes as submitted. Motion carried, all in
favor (4 votes).
ITEM NO.2: Discuss and consider a recommendation to the City Council for approval of an Amended Final Plat
for Richard Lane for Lots 3-7, Block H of Wyndham Estates, Phase II. This Plat was submitted and approved
previously by the Planning&Zoning Commission on May 17, 1994. Due to a mix up between the surveyor and
Richard Lane,their time ran out and the Plat was never filed with the County. The home on Lot 3 encroaches the
property line of Lot 4. To accommodate this mistake,Richard Lane has submitted this Amended Final Plat which
adds 10'to Lot 3 and lessens the lot sizes of Lots 4-7 by approximately 3' each. This would still allow Lots 3-7
to be in compliance with the SF-3 zoning requirements. No one spoke for or against this Amended Final Plat.
A motion was made by Rich Eckman and seconded by John Crowe to recommend to City Council for approval
of this Amended Final Plat. Motion carried, all in favor(4 votes).
PUBLIC HEARING
ITEM NO.3: Hold Public Hearing and consider a recommendation to the City Council a request from Richard
Nance for a zone change of a multi-zoned tract of land (77.036 acres)from MF, R, SF-3 and 2F to SF-1 located
south of Stone Road and west of F.M. 544 and further described as Abstract 23, Allen Atterberry Survey, Collin
County, Texas. Chairman Peddicord opened the Public Hearing and no one spoke for or against this zone change.
Mr. Nance is currently constructing Mill Creek Crossing Subdivision which is located on Stone Road directly
across the street from this 77.036 acre tract. Several prospective buyers requested that he change the Multi-Family
and Retail zoning as these are not desirable for this area. Discussion between Commission members began- This
,...requested SF-1 zoning would not encumber Community Park, and the surrounding area is zoned residential. This
would also be in compliance with the City's Comprehensive Plan's Land Use Map. Motion was made by John
Crowe and seconded by Rich Eckman to recommend to the City Council approval of zone change from SF-3, R,
MF and 2-Family to SF-1. Motion passed, all in favor(4 votes).
ITEM NO.4: Hold Public Hearing and consider a recommendation to the City Council a request from Robert
Heath for a zone change from B-1 to B-2 for his property at 1890 Hwy. 78 North, located north of Hwy. 78,
across and to the east of the Wylie Municipal Complex, and further described as Abstract 688, Francisco De La
"Mina Survey, Collin County, Texas. Chairman Peddicord opened the Public Hearing and Bob Heath of 1890 Hwy.
78 North spoke in favor of the zone change. This entire property consists of the Windmill Trading Post which
is a used furniture business, two office buildings and mini storage buildings in the back. This B-2 zoning would
bring his entire property in compliance. When questioned about what other types of businesses he would permit
to lease his facilities,Mr. Heath stated that he was more interested in retail type businesses rather than Auto Body
Shops or Automotive Repair, etc. He has even considered building more mini warehouses. John Crowe asked
if Mr. Heath's sign at the front of his property was in compliance. This had been an issue in the past. Mr. Heath
explained that the sign had been taken down and reduced in size. A permit had been issued and to his knowledge,
everything was correct. (Stuart Allison came in at this time). Building Official,Mike Phillips was asked for a staff
recommendation. He stated that although a B-2 zoning would bring the mini storage buildings into compliance
and there were other B-2 zoned properties on the north side of Hwy. 78, that the Commission should be aware
that Hwy. 78 is a major corridor into Wylie and that the B-2 zoning allows many uses that are more industrial
which may not be desirable at this location. A motion was made by Rich Eckman and seconded by Tim Owen to
recommend to the City Council approval of this zone change from B-1 to B-2. Motion passed with all in favor
(5 votes).
ITEM NO.5: Discussion regarding distribution of zoning information. At the last meeting, the Commission
discussed the zoning information being provided and its possible inconsistencies with what has actually been
adopted. Building Official,Mike Phillips explained that our Code of Ordinances has not been updated since June,
1992. Ordinances amending the Zoning Ordinance have been passed and approved and are in effect but are not
"in the Book" which make them harder to keep up with. We are in the process of re-codifying our Code of
Ordinances,but it is a complex and lengthy process which will probably take a year to finish. At that time, we will
)e bringing the Commission some recommendations regarding changes and corrections. Finally,the Community
Development Department has had a turnover in personnel and is in the process of training a new Building Official,
educating ourselves on planning procedures, and are looking for a permit clerk. When zoning questions are asked
of us,we open the book and read straight from the Ordinance, hoping to avoid giving out misinformation.
ITEM NO. 6: Discuss and consider initiation of Public Hearings for possible rezoning of 3 lots located on
Birmingham Street,north of the proposed Cornerstone Private School location. At the last Planning and Zoning
meeting,Cecilia Wood requested that this item be put on the agenda for discussion. Mike Phillips explained that
staff has looked at the Commission's actions over the past few years and has been unable to find an instance
where the Planning and Zoning Commission or City Council initiated a zone change process other than the
adoption of our Zoning Map. He has an uneasy feeling about rezoning property on our own initiation. In this
instance, changing the zoning would not make the lots in compliance, and we would be simply spinning our
wheels. This would be legal for the Commission to initiate this process,just not recommended. We have, as a
matter of policy, allowed property owners to decide when to petition for permanent zoning as opposed to making
this decision for them. Rich Eckman stated that he felt like the citizens would interpret this action as just "another
government mandate". John Crowe felt that since Cecilia Wood was absent, this item should be tabled and
discussed at another time if Ms. Wood was so inclined.
ADJOURN: A motion was made by Rich Eckman and seconded by Stuart Allison to adjourn. Motion carried,
all in favor(5 votes). Chairman Peddicord adjourned the meeting.
Respectfully Submitted:
Bart Peddicord, Chairman Lisa Price, Technical Coordinator