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09-08-1997 (Planning & Zoning) Minutes PLANNING AND ZONING COMMISSION MINUTES The Planning and Zoning Commission met in a Called Business Meeting on September 8, 1997, 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: Ray Capley, Rich Eckman, Cecilia Wood, Mark Clark, Tim Owen and Steve Ahrens. ABSENT: Bart Peddicord - excused STAFF MEMBERS PRESENT: Mike Phillips-Building Official and Rebecca Rogers - Secretary. ACTION ITEMS 1. Discuss and consider approval of the Minutes from the August 18, 1997 Regular Business Meeting held jointly with City Council. Correction of Reta Allen's name to Rita Smith under Citizen Participation. A motion was made by Steve Ahrens, seconded by Tim Owen to accept the minutes with noted correction. Motion carried, all in favor(6). 2. Consider approval of a Land Study submitted by Eric and Anne Parker for a 14.5143 acre residential development designated as Fox Hollow Estates located south of Beaver Creek Road and west of the Beaver Creek Subdivision. This property is outside the City Limits but is within the Extra-Territorial Jurisdiction(ETJ) of the City. Mice Phillips, Building Official, stated that this Land Study was for 7 lots between 1-3 acres each. The proponents are also requesting a variance to the subdivision regulations which requires them to construct sanitary sewer lines and prohibits on-site waste water treatment systems (septic). Eric Parker, 600 Andersonville Lane, Wylie, TX, was present to speak in favor of the Land Study and the variance for the septic system. Mr. Parker stated that the surrounding subdivisions were all septic and did not feel that it was fair for him to foot the bill for everyone to have sewer out there. The minimum distance to the nearest existing sewer line is 6,300 feet and it is only a six(6) inch line running south. Questions were raised about easements being granted for the sewer and roadway from the property owners, that if/when the property were annexed by the City , the City would have purchase the easements. Mr. Phillips stated that this would indeed become the City's responsibility. Mr. Parker said that he would donate the property for the easements when the time came. Mr. Phillips also stated that if the Commission were to approve the Land Study with the conditional approval of this variance, when the Preliminary Plat was approved it would become a Final Approval of the variance. No date is available for when the City may possibly annex this property. The Parkers could build on this lot now if they chose not to subdivide it. A motion was made by Steve Ahrens to approve the Land Study with the conditional approval of the variance for the septic system for Fox Hollow Estates located in Wylie's ETJ, seconded by Tim Owen. Motion denied, 3 in favor (Steve Ahrens, Tim Owen, Cecilia Wood), 3 opposed (Ray Capley, Mark Clark, Rich Eckman). Rich Eckman stated that the approval of the variance to allow septic systems would be opening a can of worms for the City. Already have existing problems with subdivisions that were allowed to have septic and have now been annexed into the City. The City is bearing 1 the expenses of these problems, why should the City have to assume this burden for future subdivisions. A motion was made by Ray Capley to table this request until the next meeting (9/15/97), seconded by Mark Clark. Motion denied, 3 in favor (Ray Capley, Mark Clark, Richard Eckman), 3 opposed (Steve Ahrens, Tim Owen, Cecilia Wood). Mark Clark questioned when the last variance of this sort was granted, it is unknown, the last few tocome before the board have been denied. A motion was made by Tim Owen to approve the Land Study and deny the request for the variance, seconded by Ray Capley. Motion carried, all in favor(6). The Parkers may reapply for the variance at the Preliminary Plat stage. CITIZEN PARTICIPATION None ADJOURNMENT A motion was made to adjourn by Tim Owen, seconded by Steve Ahrens. Motion carried, all in favor (6). Respectfully submitted, Richard Eckman, Chairman Rebecca Rogers, Sec`fetary 2