06-15-1999 (Planning & Zoning) Minutes MINUTES
PLANNING AND ZONING COMMISSION
WYLIE MUNICIPAL COMPLEX
2000 Highway 78 North, Wylie, Texas 75098
Regular Business Meeting
June 15, 1999
7:00 P.M.
A quorum was present and a notice was posted in the time and manner required by law.
Members Present: Staff Present;
Steve Ahrens, Chairman Tobin E. Maples, Director of Planning
Sharon Dowdy Carrie Smith, Secretary
Eric Hogue, Vice Chairman
Don Hughes-ABSENT
Carter Porter
Julie Schmader- ABSENT
Cecilia Wood
CALL TO ORDER
The meeting was called to order at 7:00 P.M. by Chairman, Steve Ahrens.
CONSENT AGENDA
1. Approval of May 18, 1999, Regular Business Meeting Minutes.
• Corrections : Page 3 change "and to any"
Page 3 Motion"all in favor"to be removed
Motion: A motion was made by Cecilia Wood, Seconded by Carter Porter to approve the Consent
Agenda with noted corrections to the minutes.
Motion Carried- all in favor(5-0).
Motion: A motion was made by Cecilia Wood, Seconded by Eric Hogue to move Citizen Participation
to follow the consent agenda permanently.
Motion Carried- all in favor(5-0).
CITIZEN PARTICIPATION
No participation.
PUBLIC HEARING ITEMS
1. ZC.No. 99-03:Public hearing and recommendation to the City Council for a request from Ballpen Venture
II, L.P. for approval of a zone change from B-1 (Business) to SF-2 (Single Family Residential) for the
Minutes-Planning and Zoning Commission
June 15, 1999,Regular Business Meeting
Page 1
property generally located at the northeast corner of South Ballard and Cloudcroft and being all of a certain
.2703 acre tract situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County,
Texas.
Tobin Maples Update:
The properties to the west and south are vacant and zoned for B-1. The property to the east is zoned SF-2
and developed accordingly with single family homes. One public comment form in support of the request
was returned. The Comprehensive Plan recommends single family uses for the property. The applicant
will be required to plat the property prior to the issuance of any building permits. Staff is recommending
approval.
Public Comments....
None
Motion: A motion was made by Eric Hogue, Seconded by Sharon Dowdy to recommend approval to
City Council.
Motion Carried - all in favor(5-0).
2. Public hearing and recommendation to the City Council regarding the Update of the Comprehensive Land
Use Plan.
Motion: A motion was made by Sharon Dowdy, Seconded by Cecilia Wood to move Public Hearing
Item 2 to follow the Action Items.
Motion Carried- all in favor(5-0)
ACTION ITEMS
1. Recommendation to the City Council regarding a preliminary plat for the Southplace Estates Phase III
subdivision, proposed by Ballpen Venture II, L.P., generally located at the northeast corner of South
Ballard and Cloudcroft Drive and being all of a certain.2703 acre tract out of the Allen Atterberry Survey,
Abstract No. 23, City of Wylie, Collin County, Texas.
Tobin Maples Update:
The preliminary plat under consideration is Phase III of the Southplace Estates subdivision.
The plat is in compliance with the Subdivision Regulations and other pertinent ordinances of the city of
Wylie(subject to City Council approval of Zoning Case No. 99-03 and the applicant correcting the zoning
label on the plat).
Motion: A motion was made by Eric Hogue, Seconded by Cecilia Wood to recommend approval to City
Council, subject to City Council approving ZC No. 99-03 and the applicant correcting the
zoning label on the plat.
Motion Carried- all in favor(5-0).
Minutes-Planning and Zoning Commission
June 15, 1999,Regular Business Meeting
Page 2
2. Consider and act upon a request from Arthur F. Beck, BSM Engineers, Inc., for Sanden International, for
approval of a Site Plan for the property generally located at the southeast corner of FM 544 and Sanden
Blvd.
Motion: A motion was made by Sharon Dowdy, Seconded by Cecilia Wood to remove Action Item 2
from the table.
Motion Carried- all in favor(5-0).
Tobin Maples Update:
Staff has reviewed the site plan and found it to be in compliance with the Zoning Regulations and other
pertinent ordinance of the City of Wylie which includes a permit from the Texas Natural Resource
Conservation Commission(TNRCC). Staff is recommending approval.
Cecilia Wood read a letter regarding her position for the safety of the City.
Motion: A motion was made by Sharon Dowdy, Seconded by Cecilia Wood to recommend approval
to City Council.
Motion Carried- all in favor(5-0)
3. Recommendation to the City Council regarding a preliminary plat for Phase II of the Birmingham Farms
Addition,proposed by Birmingham Land,Ltd.,/Wylie Bilco, Inc., for the property generally located north
of Brown Street and Birmingham Elementary and west of the Pointe North Phase II subdivision and being
all of a 88.925 acre tract situated in the M. Phalen Survey, Abstract No. 695, and the D. Williams Survey,
Abstract no. 1021, City of Wylie, Collin County, Texas.
Tobin Maples Update:
The applicant is platting 88.925 acres of land in order to develop the property with 227 single family
residential lots and 128 duplex lots. The property is currently vacant, unplatted, and zoned for SF-3 and
2F uses.
Section 212.009(a)of the Texas Local Government Code states that the municipal authority responsible
for approving plats shall act on a plat within 30 days after the date the plat is filed. A plat is considered
approved by the municipal authority unless it is disapproved within that period. In order to work towards
compliance and approval,plats typically go through several revisions (30-90 days)before they are actually
scheduled for consideration by the Planning and Zoning Commission and City Council. As a result, staff
requests that the applicant waive the time period of Chapter 212 of the Texas Local Government code, so
the applicant and staff can work together to seek compliance and approval with the lest number of delays.
However, if an applicant does not want to waive the time periods of chapter 212, and the plat does not
comply with municipal subdivision requirements, staffs only option is to schedule the plat for consideration
with a recommendation for denial.. Once the plat is denied formally, the time periods of Chapter 212 stop
and the applicant and staff can work together in a timely manner to bring the proposal into compliance.
Staff is recommending denial due to the fact the preliminary plat is not in compliance with the Subdivision
Regulations and other pertinent ordinances of the City of Wylie. Specifically, page 1 of 6 of the plat shows
a 92'rights-of-way dedication for the extension of Sanden Boulevard. The typical cross-section for said
Minutes-Planning and Zoning Commission
June 15, 1999,Regular Business Meeting
Page 3
extension of Sanden Boulevard is shown on page 2 of 6 as a 86'right-of-way dedication.
Motion: A motion was made by Cecilia Wood, Seconded by Carter Porter to recommend denial to the
City Council.
Motion Carried - all in favor(5-0)
4. Recommendation to the City Council regarding a preliminary plat for Phase III of the Birmingham Farms
Addition,proposed by Birmingham Land,Ltd./Wylie Bilco, Inc., for the property generally located behind
Dodd Elementary School along the north side of Park Blvd. And being all of a 116.335 acre tract situated
in the J. McUlmurray Survey, Abstract no. 629, and the C. Atterbury Survey, Abstract no. 22, City of
Wylie, Collin County, Texas.
Tobin Maples Update:
The applicant is platting 116.335 acres of land in order to develop the property with 304 SF-2 and 54 SF-1
lots. The property is currently vacant, unplatted, and zoned for SF-1 and SF-2 uses.
Staff is recommending denial due to the fact the plat not being in compliance with the Subdivision
Regulations and other pertinent ordinances of the City of Wylie. Specifically, page 2 of 6 of the plat
indicates that all of the right-of-way for Cheyenne Road was dedicated with the final plat encompassing
Dodd Elementary. Staff has informed the applicant that half of said right-of-way for Cheyenne Road needs
to be dedicated via this plat.
Motion: A motion was made by Carter Porter, Seconded by Eric Hogue to recommend denial to the
City Council.
Motion carried- all in favor(5-0).
5.Recommendation to the City Council regarding Smart Growth Strategies, possibly including suspension of
new building construction activity within the Historic Downtown Area and new residential subdivision
plant and zoning case review for the City of Wylie.
Tobin Maples Update:
Recommendation to the City Council by the Commission to place a temporary Moratorium on the Historic
Downtown Area.
Carter Porter spoke on behalf of the Downtown Merchant's Associatioin. They are requesting a
Moratorium on Downtown to protect the area from being developed with any unacceptable projects.
Sharon Dowdy request that a Downtown Preservation Committee be developed.
Richard Abernathy spoke to the Commission regarding the fact that there are potential liabilities with
placing a moratorium on the downtown area. There are laws to follow.
Minutes-Planning and Zoning Commission
June 15, 1999,Regular Business Meeting
Page 4
Motion: A motion was made by Sharon Dowdy, Carter Porter to recommend a joint worksession with
City Council regarding this matter.
Motion Carried - all in favor(5-0)
PUBLIC HEARING ITEMS
2. Public hearing and recommendation to the City Council regarding the Update of the Comprehensive Land
Use Plan.
Donal Simpson, Consultant for Robert, Wallace, and Todd
Public Comments...
Art Anderson, Attorney for Birmingham Land and DR Horton
Bobby Blue, Wylie Highway South Venture
Motion: A motion was made by Sharon Dowdy, Seconded by Carter Porter to recommend approval to
City Council with recommendation from P&Z comments.
Motion failed(2-3) Steve Ahrens, Cecilia Wood, Eric Hogue Opposed.
Motion: A motion was made by Carter Porter, Seconded by Steve Ahrens to recommend approval to
City Council.
Motion carried(3-2) Eric Hogue and Cecilia Wood Opposed.
STAFF REPORT
Tobin passed out a handout.
ADJOURNMENT
Motion: A motion was made by Eric Hogue, Seconded by Cecilia Wood to adjourn.
Motion Carried- all in favor(5-0).
•
nAitAkIAJ, "14"
Stev ens, Chairman Carrie Smith, Secretary
Corrected at the August 3, 1999 Meeting._T_
Approved August 3, 1999 with noted corrections.
Minutes-PIanning and Zoning Commission
June 15, 1999,Regular Business Meeting
Page 5