12-02-1985 (Planning & Zoning) Agenda Packet AGENDA SUMMARY
MONDAY, DECEMBER 2 , 1985
ITEM NO. 1 - APPROVAL OF MINUTES - No additions or
corrections .
ITEM NO. 2 - PUBLIC HEARING ON ZONING OF 50 ACRES WEST OF
SH78 - This property , described as 50 acres out of the Duke
Strickland Survey , Abstract 841 , is located west of SH78 and
across from Century Business Park. The peititoner is asking
for 28 . 6 acres of Industrial zoning and 21 .4 acres of B-2
zoning .
ITEM NO. 3 - PUBLIC HEARING ON ZONING OF CITY HALL SITE -
This property , described as 7 . 136 acres out of the Francisco
de la Pina Survey , Abstract 688 , is located on SH78
northeast of the City and is the site of the proposed
Municipal Complex . The City is requesting B-1 zoning .
ITEM NO. 4 - RECOMMENDATION OF ORDINANCES REDESIGNATING
CERTAIN AREAS OF ZONED PROPERTY - This ordinance is a
housekeeping matter which allows us to redesignate areas of
the City which were zoned under the old Zoning ordinance but
now are incompatable with the new zoning descriptions .
Areas of the City which were zoned SF-1 under the old
ordinance will now be designated as SF-2 . By the same
token , areas formerly zoned SF-2 will now be designated as
SF-3 . Also , under the previous ordinance , there was no
designation for townhouses . Therefore , those areas
previously designated as duplex , and in some cases , multi-
family but in actuality are townhouse areas will now be
designated as such.
AGENDA
PLANNING & ZONING COMMISSION
Seq /9,r
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
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MINUTES
PLANNING & ZONING COMMISSION
THURSDAY, November 14, 1985
The Planning and Zoning Commission for the City of Wylie,
Texas met in regular session on Thursday, November 14, 1985
in the Wylie Community Center. A quorum was present and
notice of the meeting had been posted for the time and in
the manner required by law. Those present were: Chairman
Kent Crane, Brian Chaney, Ken Mauk, Bill Chapman, Ben
Scholz , Joe',Strigle and Don Montgomery. Representing the
City Staff were Gus Pappas; City Manager , Roy Faires; Code
Enforcement Officer; Kimberly Leverett; Secretary and Susan
Marquardt; Secretary.
The meeting was called to order at 7:00 P. M. by Chairman
Crane.
ITEM NO. 1 - APPROVAL OF MINUTES - Chairman Crane asked for
any corrections or addition to the minutes. Hearing none,
a motion was made by Brian Chaney to approve the minutes as
submitted. Ken Mauk seconded the motion. Motion carried 5-
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ITEM NO. 2 - PUBLIC HEARING ON ANNEXATION 2 ACRES ON E. SH
78 - This track of property is described out of the
Francisco de la Pina Survey. Abstract 688 located on E. SH
78, commonly known as Wylie Junction. Chairman Crane opened
the Public Hearing; with no comments from the floor. The
public hearing was closed and brought back to the
commission. Ken Mauk made a motion to recommend approval of
this annexation petition to the City Council . Brian Chaney
seconded the motion. Motion carried 6-0.
ITEM NO. 3 " -^ PUBLIC HEAR I NG ONTHE ZON I NO OF 30 ACRES ON FM
137E - This property is described as 30 acres out of the
G.W. Gunnell . Survey, abstract 351 and is located on the west
side of FM 1378 adjacent to the Lake Ranch Estates. Mr.
Pappus stated that this property came before you on an
agenda a few weeks ago, was reviewed and past on to the City
Council with your recommendation. I believe the proposal of
r SF-1 , SF-2, SF-3, (single family and B-1 , Business) has not
changed since that time. That property went forward to the
City Council and subsequent to that we had some discussion
with City. Attorney, who suggested on 5 point of law take the
item back to the Planning and Zoning Commission for you to
rehear it because of a delima that sometimes occurs in
rapidly growing cities; involving the notice provision of
adjacent property owners within 200' of zoning changes on a
piece of property. We did not send letters the first time
to that ,because the law as the City Secretary and City
Manager ,:Understood it requires that people be given notice
if they appeared on the most recent tax rolls. Lake Ranch
Estates came into the annexation on May 14, 1985. This
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premise was challenged by those property owners surrounding
this tract. Law did not require us to send any notice and
so we didn 't. A review of the matter led us to reschedule
this item. Question was made by the property owners. The
City Attorney felt it would be safer to back it up and have
another Public Hearing by the Planning and Zoning
Commission. Could not say that there is anything wrong with
our process. City Council did not act on it and sent it
back to the Commission to rehear and we sent out notices to
adjacent property owners. You recall also that this plan
was modified by the developers who originally had planned to
remove the duplexes. They are no longer on plan. The facts
surrounding the area property immediately south of this
property is not in the city limits. There are a string of
acrege tracts. They are not lots narrow but are deep lots
which run into the outer areas around the city. They
basicly cover a 200' wide area. They are stacked on each
other, and not zoned either. The frontage is FM 1378.
Across from FM 1378 due East is the Birmingham Farms
Development. The immediate area of Birmingham area is zoned
B-1 on Frontage and directly behind that large section SF-1 .
Certainly all that tract land is in the City limits and is
zoned. Due north and west Lake Ranch Estates is
subdivision. Its tehnical zoning at this time is
Agricultural* under the provision of our zoning ordinance
which says that any property which has not had an official
zoning action comes in as Agricultural . There has been
zoning requested on that property and Planning and Zoning
has not, of its own accord, or by staff iniated any move to
have it zoned. The property Lake Ranch has been designated
on our master plan as being SF-1 property. Which is the
closest zoning we have to the existing use of that property.
The Lake Ranch Estates property was not a sub-division that
was conducted under anything like current situations that
exist. The Lake Ranch Estates property was sub-divided and
received a review as an extra territorial review quite some
years ago. It is a fairly typical ranchette with things we
run into from time to time. Based on their lack of
requirements fork', certain improvements it was done under a
general kind of provision where approved the notification of
the body of land. The development was put in without
r benefit of concrete roads or sewer or any of those
provisions and by effort of some of the property owners
water has recently been carryed on that subdivision. It is
an unusual figuration to have large lots - 15 acres or more.
One of things, is on the great number of land is unusuably
due to muddy creek, reservior, or flood plane. We sent out
the public notices and you have copies of those back now
zile to straight out technical response 1 in favor and 8
opposed, 1 out of city. Chairman Crane asked how deep the
SF-1 is on the Birmingham land? It is a large tract of 70
acres filled with SF-1 . SF-1 's are our largest lot size, in
that we require a minimum of 10,000 square feet for lots and
18,000` square feet for homes. As a reminder to the Planning
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and Zoning Commission that some over the past several months
zoning isolated areas across the city which we feel like we
want to protect for the larger homes. We zoned a master
plan and have been protecting it real well .
Chairman Crane opened the public hearing for anyone to speak
in favor or against.
Jim McKnight, the engineer, discussed the 30 acres in
question. We have taken duplexes out of 30 acre territory
and replaced with SF-1 homes. These are used as buffers on
the North and West side. To make this a viable product , for
us, it needs to be zoned as previously zoned in the past.
If it is not excepted then we as developers and the City of
Wylie stand to all be losers. There are only 103 lots in
this 30 acre tract. If passed as is the City of Wylie
stands to make about $92,000 in impact fees and building
permits plus any additional taxes which are tact on in the
future. For every lot reduction the city is going to lose
at least $1 ,000 in impact fees. Subdivision will be nicer.
Homes will be brick construction and will have paved and
curbed streets. There won 't be any unpaved streets or any
horse barns like in the Ranchette Estates. Across the
highway is 'commercial zoning. Adjoining point south is a
nice brick home, with a cluster of mobile homes around it.
To the east is the zoning for multiple family apartments and
is 11 or 12 acres. To be marketable homes they need to be a
little bit cheaper or up in the $200,000. range. A lot of
SF-1 homes just won 't sell as well as SF-2 and SF-3.
Birmingham home property a 70 acre tract is zoned SF-1 , 224
houses. Tough to market.
Mr. Pappus asks for a point of clerification. The original
zoning request asks for B-1. Draft shows R-1 . Mr. McKnight
states draftsman thought R was for retail and put R-1
instead B-1.
Chairman asks if there is anyone else that wants to speak in
favor of this zoning. No one else speaks up.
Chairman asks if anyone wants to speak in favor. Gilbert
r Welch Lot 5 of Lake Ranch Estates employed by Sikes
Construction speaks first. Mr. Welch shows location of the
new development on a map. We do not object to being zoned
SF-1 but we do object to the -30 acres next to us being zoned
SF-2 and SF-3. We don 't feel this is an appropriate use of
the land because of existing land around it. There is no
place for this type of housing, next to ranchettes. The
front of our, houses will be facing alley ways and backyards.
Itputs a strain on the water supply system and the sewer
system-A, and,,,the school system. I do not want the City of
Wylie to grow like a Balch Springs, Mesquite or a Garland,
but rather -like a Richardson or Plano. I contend that the
council should base its decision on where this type of
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zoning should go based on the cluster zoning approach as
opposed to �a strip zoning approach. There shouldn 't be
businesses in the middle of a 2 lane road.
Gene Newman, lot owner #11v spoke against. Does not want to
create what is in Murphy on 544.
Bob Gelvan, lot owner #0v asks if the developer has offered
to put up a retainer wall . Chairman states that it is not
required of the city.
Walter Dalberg, lot owner, says it is not to be ours or the
city's concern what the price of land is. It is not the
concern here. SF-1 is not enough of a buffer. The amounts
of money that the city will make in fees is irrelevant.
Mr. Welch spoke again. I don 't want children or anyone else
to play or become harmed by my horses. With this high
density population there is always that chance. I
respectfully request that you deny Mr. McKnight 's request
for this zoning.
Mr" McKnight speaks again in favor. I 'm sorry Mr. Welch is
- so unhappy with the City of Wylie. If Lake Ranch Estates
build in the middle of their property they won 't have to
worry about people being so close to them.
Mr. Welch speaks again against. Mr. McKnight grossly
misquoted me. I am not disappointed with the schools in
Wylie. % ~m proud of the City of Wylie. I feel you
gentlemen were very receptive - P & C Committe. We can 't
put our houses in the middle of the lots because of the
flood plains.
Mr. Pappus speaks clerifying a few points. SF-1 can have
animals, even large animals. City does have plans to work
with Collin County to start some Park systems and Greenbelt
areas which are flood plain areas. SF-3 zoning has been the
most popular and`active zoning in this city in the past and
that is not inconsistant with any area going through the
growth process like we are going through now. These homes
r establish the market. The mobile home park mentioned is not
in the city. It has applied for annexation and most likely
` will become part of the city in order to protect the city 's
interest. It came about from the back door. It is not
something that the City of Wylie entered into initially and
' encouraged but rather found the city in a delima. The
school growth that was mentioned could not be foreseen.
Preparation takes place years before the plans are seen.
When plans were in the works, City of Wylie had 3 - 7% a
year of growth. Even the best planner couldn 't know that
when the ribbon was cut an the new elementary that there
would be 45%` th i that
grow nyear.
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Background information that the Planning and Zoning needs
from the staff . There are 3 issues that we need to know for
consideration. (1) The City Council and Planning and Zoning
Commission at work and in force really do not support the
concept of the ranchettes, because how they usually go in ,
and had trouble with them after the fact. The problem is
not against large homes and big lots, objection sub-division
dirt road, septic tanks, no water and that sort of thing.
(2) We have a historical problem before you. Our normal
growth experience has been to zone large tracts. It has
become a habit of ours to zone large tracts with multiple
zoning. We do it over and over the agreement and hard to
justify one way or another; delima recall always involved
100 acre tracts. You haven 't dealt with small tracts.
(3) I don 't believe any of you prior to tonight thought
that the 103 acres that belongs to Robert Wind just north of
the property going to 103 acres of SF-1. We didn 't think of
it because of habit and the unpractical demand and somewhere
in there lays a delima. Are we now at point 30 acres one
zoning or 2 zoning or very little mix . Your options are as
followed: reject proposal as presented. Take no actions no
recommendations and at that point it becomes the delima of
the property owner as to what to do. You may change the
zoning that has been presented to you and forward your
recommendations of the zoning configured. You may mix ,
match, duplicate, remove and can send your recommendation to
the City Council . The appropriate action would be to reject
the zoning proposed and recommend to the City Council that
they consider amending the zoning ordinance in order to
provide for that zoning. You cannot grant the zoning which
does not exist.
Chairman closes the public hearing and opens the subject for
discussion amongst the board.
Mr" Pappus speaks - Park Blvd. is and will not be where it
was originally located on Birmingham Farms. They were
keying on the intersection of McMillan in there plan. There
will be commercial on both sides of the intersection of
McMillan.
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Chairman speaks - Do we feel like we have a need for a Ranch
Estate Zoning. Rejected. Need to pass a decision as to
� whether zoning should stay the same as requested. We don 't
want au ranchettoa across the street from a business.
^ Brian Chaney makes a motion that SF-1 stay the same, SF-3
and B-1 become SF-1 and below SF-2 be the balance of
property. Bill Chapman seconded the motion. Motion carried
6-0.
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Kent Crane, Chairman
Planning & Zoning
Respectfully Submitted:
Susan Marquardt, Secretary
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PETITION FOR ZONING
THE STATE OF TEXAS:
COUNTY OF COLLIN:
TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY,
TEXAS:
Now comes Z,7 X/a/IY/a 19 of the County of
ZOG G1i1/ and the State of Texas, and represents to
the City Council of the said City of Wylie, Texas, that he
is the owner or is acting for all of the owners or
partnerships or coprorations who are owners of the following
described tract of aind which is within the City Limits of
the City of Wylie, in Conlin County, texas, and described as
follows:
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COMMENCING at an iron pin found for corner, said iron pin being the
Southwest corner of the above referenced tract and also being the South-
west corner of the Duke Strickland Survey, Abstract Number 841 and the
Southeast corner of the I. Clifton Survey, Abstract Number 193; THENCE, •
South 89° 32' 38" East, along the Southerly line of the above referenced
tract, a distance of 565.00 feet to an iron pin set for corner, and
being the point of beginning of the herein described tract;
THENCE, North 15° 04' 00" West, departing said Southerly line, a dis-
tance of 406.33 feet to an iron pin set for corner;
THENCE, North 86° 31' 27" West, a distance of 253.50 feet to an iron pin
set for corner;
THENCE, North 03° 49' 46" East, a distance of 626.60 feet to an iron pin
set for corner;
THENCE, North 86° 08' 57" West, a distance of 181 .75 feet to an iron pin
set for corner in a fence;
THENCE, North 03° 51' 03" East, along said fence, a distance of 438. 16
feet to an iron pin found for corner in a fence;
THENCE, North 46° 55' 31" East, a distance of 43.83 feet to an iron pin
found for corner in a fence;
THENCE, East, with a fence, a distance of 1616.88 feet to an iron pin
found for corner in a fence;
THENCE, South 00° 02' 15" East, with a fence, a distance of 1160.17 feet
to an iron pin found for corner in the Northwesterly right-of-way line
of the Gulf, Colorado 6 Santa Fe Railroad (125' R.O.W. );
THENCE, South 50° 25' 09" West, with said right-of-way line, a distance
of 561 .90 feet to an iron pin found for corner in a fence;
THENCE, North 89° 32' 38" West, departing said right-of-way line, a
distance of 747.89 feet to the point of beginning and containing 50.000
acres of land, more or less. (2,178,000 sq. ft. )
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PETITION FOR ZONING CONT' D. PAGE 2
Said �C,e ///q VA4'Z7 represents that he and all
other owners desire the zoning to be changed from
l/r,1i/62~f(47i9 -„ 4i. to i'2_ei-T�14L_171 Z in accordance with
the current Zoning Ordinance and making said zoning subject
to the appropriate laws, rules, and regulations of said City
relating to that classification of zoning.
Your petitioner, therefore, respectfull prays that the land
above described bne zoned by the said City of Wylie, Texas,
as provided by Article 974 (g) of the REVISED CIVIL STATUTES
OF THE STATE OF TEXAS.
Witness the handpetitio this the _ / Ty
day of /74, this , 198 .
X 0,.A34._ \A(3. .
Signature
�7ack 1 -rLY_Ard
Please Print Name
_59 �p ,crows Point
Street address or Box No.
jadrm_. Texas 75023
City Texas Zip
985-8500
Telephone
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THE STATE OF TEXAS:
COUNTY OF COLLIN:
Before me, the undersigned Notary Public on this day
personally appeared Q.14e4__LLlys1/P a known to me to be
the person whos name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expresses:
Givee un, er my hand and seal of office this the ,J / day
of 1 Q , 19811.
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No ary ublic, Col County, ' Texas
C12 0Ct/d O0r.L-x-.
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PETITION FOR ZONING
THE STATE OF TEXAS:
COUNTY OF COLLIN:
TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY,
TEXAS:
No /«%_ _ of the County of
__Ltyioti__ - and the StaW of �/Texas, and represents to
the City Council of the said City of Wylie, Texas, that he
is the owner or is acting for all of the owners or
partnerships or corporations who are owners of the following
described tract of land which is within the City Limits of
the City of Wylie, in Collin County, Texas, and described as
follows:
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PETITION FOR ZONING CONT' D. PAGE 2
�l
Said a4
represents that he and all
Ott r ners desfre ge ning to be changed from
to _ .�f — ^� in accordance with
���ycurrent Zoning Ordinance and making said zoning subject
to the appropriate laws, rules, and regulations of said City
relating to that classification of zoning.
Your petitioner, therefore, respectfully prays that the land
above described be zoned by the said City of Wylie, Texas,
as provided by Article 974 (g) of the REVISED CIVIL STATUTES
OF THE STATE OF TEXAS.
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Witness his petitionler this the
day of COUSIN) , 1980__. ----���------
Signature
��
Please P Aint
Street address or Box No.
1117
04__����"��c�~
/-vity Texas Zip
Telephone
THE STATE OF TEXAS:
COUNTY OF COLLIN:
Before me, the u d i d lic on this day
personally appeared known to me to be
the person whose e is subs��i��d to the foregoing
instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expresses:
Giv hand and seal of office this the day
Of , 19q �^'
�� ��_ A. in
___________Notar , .b^ ^ c ounty, Texas
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CITY TRACT
7.136 Acres
BEING a tract of land situated in the Francisco de la Pina Survey,
Abstract No. 688, of Collin County, Texas, said tract being part of a
74.54 acre tract of land recorded in Volume 584, Page 158, of the Deed
Records of Collin County, said tract also being part of Tract "B",
286.398 acres, as surveyed by Harry B. Carroll , Registered Public
Surveyor No. 986, and being more particularly described as follows:
COMMENCING at a point at the southwest corner of a 74.54 acre tract
conveyed in Volume 584, Page 158, said point being the point of
intersection of the centerline of a dirt road with the northerly
R.O.W. line of State Hwy. No. 78 (R.O.W. varies), and the beginning of
a curve to the right having a central angle of 7 deg 20 min 10 sec, a
radius of 2864.79 feet,and a chord bearing of N 87 deg 48 min 55 sec,
366.55 feet;
THENCE along said curve and along the northerly R.O.W. line of State
Hwy. 78, an arc distance of 366.80 feet to a point;
THENCE continuing along the northerly R.O.W. line of State Hwy. 78 as
follows: -
S 88 deg 31 min 00 sec E, 556.80 feet to a point;
N 01 deg 30 min 00 sec E, 8.00 feet to a point;
S 88 deg 31 min 00 sec E, 311.48 feet to the POINT OF BEGINNING.
THENCE N 01 deg 29 min 00 sec E, leaving the northerly R.O.W. line of
State Hwy.78, 776.00 feet to a point for corner;
THENCE N 76 deg 23 min 11 sec E, 389.44 feet to a point for corner;
THENCE S 01 deg 29 min 00 sec W, 877.43 feet to a point for corner in
the northerly R.O.W. line of State Hwy. 78;
THENCE N 88 deg 31 min 00 sec W, along the northerly R.O.W. line of
said State Hwy. 78, 376.00 feet to the POINT OF BEGINNING, and
containing 7.136 acres of land.
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S 03 , R = 5779.58"
d = 16'00.50" & s T = 622.48 R R IL AOAD
j R = 2932.79" \S, • L = 124038. FE
T = 412.54' pv NTE
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I. T.P. a L. Esm t. Vol.491 Pq. 153 T = 637.56
II (One Pole Only) L = 1269.81'
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7.136 ACRE TRACT
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BECNHAM PROPERTIES i
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STATE HIGHWAY NO. 78 ( Variable R.o.w. ) ///��� -- -
F0,! NELSON ENGINEERING CORPORATION
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