10-16-1995 (Planning & Zoning) Minutes MINUTES The Planning and Zoning Commission met in a regular Business Meeting on October 16, 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; Cecilia Wood, John Crowe, Steve Ahrens, Tim Owen and Stuart Allison. ABSENT: Rich Eckman - excused. STAFF MEMBERS PRESENT: City Manager - Mike Collins, Mindy Manson - Asst. to City Manager,Director of Community Development -Mike Phillips, Technical Coordinator- Lisa Price, and Secretary - Rebecca Rogers. ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes from September 18, 1995 Regular Business Meeting. A motion was made by Cecilia Wood and seconded by Steve Ahrens. Motion carried, all in favor (6 votes). ITEM NO. 2: Reopen and Hold Public Hearing to consider a recommendation to the City Council a request from Wylie Bilco, Inc. for a zone change from a multi-zoned tract of land consisting of"SF- 1", "SF-2", "SF-3", "SF-A", "2-F", "MF", "B-1", "B-2", "P", and "R"to "PD" (Planned Development, including but not limited to uses similar to those found in the City of Wylie's Comprehensive Zoning Ordinance for residential and non-residential use with the exception of minimum lot sizes of 5,000 square feet, multi-family, commercial and retail uses) for a 630 acre tract of land to be platted as Birmingham Park, generally located east of FM 1378 and north of FM 3412 (Brown Street). Mike Phillips, Director of Community Development stated that he had received a phone call and a faxed letter from Skip Hynek, Vice President of Wylie Bilco, Inc. The letter stated that Birmingham Land,Ltd./Wylie Bilco, Inc. was requesting for the zoning change request be tabled for thirty days so that they may evaluate various options regarding the project. They also requested that Birmingham Land,Ltd./Wylie Bilco, Inc. be provided with a list of citizens names and numbers who would like to be contacted by them so they can discuss the request with the citizens. Staff recommendation is against tabling this request and also recommends that Planning and Zoning Commission vote against recommending the requested zoning change to City Council. Chairman Peddicord stated that no one was present to represent Wylie Bilco, Inc opened the Public Hearing. Craig Swam of 511 Jefferson Street, Alec Morris of 117 Carriage House Way, Joe Aurelio of 409 Grant Drive,Brent Volker of 1511 Anchor Drive, Chris Cooney of 711 Andersonville Lane, Wendy Stewart of 1716 Lincoln Drive, Chris Church of 1401 Anchor Drive all came forward to voice their 1 opposition to the current request from Wylie Bilco, Inc. Density, decreased property values, burdens placed upon the city services and school system, and seeming lack of seriousness on the developers part were reasons for the opposition. There no other speakers and the Public Hearing was closed. John Crowe commented that Wylie Bilco, Inc. has had six weeks in which to make any changes to this zoning request and has failed to do so. Mr. Crowe also felt that it was inappropriate for Wylie Bilco, Inc. to request a list of citizens names and phone numbers. He felt that this was requested so Wylie Bilco, Inc. could contact the citizens and make false promises that no one could legally hold them to and it appear that there was not as much interest in this project as there is. Chairman Peddicord,� a�t Wylie Bilco, Inc. was only asking for a list of citizens that wished to be contacted by Wylie Bilco, Inc., not everyone a'the Public Hearing. Also Mr. Crowe stated that is was his understanding that Wylie Bilco, Inc. was requesting that we add three new zoning classifications to our current classifications to meet what they are requesting. Mr. Crowe asked Mike Phillips if Wylie Bilco, Inc. made concessions (or changes) in their current request, would they have to resubmit the request due to the nature of the changes. Mr. Phillips stated that this was correct,that if the zone change was turned down, Wylie Bilco, Inc. would have to resubmit and the process would begin all over again. John Crowe stated that in that case, there was no sense in tabling this request, he would be inclined to deny it. Cecilia Wood questioned how are we going to know that the guidelines are with conservation dam requirements. Mr. Phillips replied that The Hogan Corporation, our engineering consultants, are our flood plain administrator. Any subdivision plans, any developmental plans that are turned into the City pertaining to development around that lake will be checked by The Hogan Corporation as part of the basic plan review process. If there are any problems that crop up pertaining to the flood plain or the lake, dam or any development out there in the flood plain, it will be caught by The Hogan Corporation in the preliminary plan review before the Planning and Zoning Commission ever sees the plans. Steve Ahrens commented that the existing zoning on that parcel of land is not good to begin with and that maybe something could be done to change it. Chairman Peddicord stated that because there is already existing zoning, the developers could come in and develop the land as it currently zoned. Mike Phillips concurred that this information was correct. Motion was made by Stuart Allison to make a recommendation to City Council to deny a request from Wylie Bilco,Inc. for a zone change as noted above, seconded by Tim Owen. Motion carried. all in favor(6 votes). CITIZEN PARTICIPATION: Julie Smaeder of 1308 Anchor Drive questioned on how to change the existing zoning and if public participation is permitted in that decision making, Matthew Boucheck of 402 Grant Drive stated that the development of the lake area would require a great deal of up front capital and that cost studies would need to be done so the citizens would know what type of expenditures would be needed to develop the park area along with the new area being annexed along FM 544 to tie in together. Mr. Boucheck also questioned if Wylie Bilco, Inc. had requested that this meeting to be tabled. Alec Morris of 117 Carriage House Way questioned if it was customary for City Council to accept the Planning and Zoning Commission's recommendation and does City Council have to follow it,will it be tabled at the City Council. Mike Phillips stated that to change the existing zoning on any piece of property would have to follow the regular protocol of any request with notices for a Public Hearing (requiring a minimum of 3 weeks for newspaper publication) and 2 any public participation would be appreciated. The request to table the meeting had been made by Wylie Bilco, Inc. and was turned down by the Planning and Zoning Commission. Mr. Phillips also stated that City Council would be informed of the Planning and Zoning Commission's decision through a report of the meeting Minutes. The proponents of the zone change will have thirty days to appeal the P&Z Commission's decision. The City Council does not have to accept the Commission's decision,but in the past they have. John Crowe questioned if Wylie Bilco, Inc. decided to go ahead and start development as the property is currently zoned, would they still need to get a plat plan. Mr. Phillips answered that they would have to follow the process which requires preliminary plat, final plat, etc. ADJOURN: A motion was made to adjourn by John Crowe, seconded by Steve Ahrens. Motion carried, all in favor (6 votes). Chairman Peddicord adjourned the meeting. Respectfully submitted, 16ee A-26rG.ez-tU Bart Peddicord, Chairman Rebecca Rogers, Se etary 3