07-17-1986 (Planning & Zoning) Agenda Packet AGENDA SUMMARY
PLANNING & ZONING COMMISSION
THURSDAY, JULY 11, 1986
ITEM NO. 1 - APPROVAL OF MINUTES - No additions or
corrections.
ITEM NO. 2 - PUBLIC HEARING FOR RE-ZONING OF PROPERTY AT
CORNER OF SH78 AND KIRBY STREET - This property is described
as 0 .3241 acres out of the E. C. Davidson Survey, Collin
County Abstract 267 and is located on the northeasst corner
of SH78 and Kirby St. The petitioner is requesting a change
from retail to B1 zoning in order to allow for the addition
of a fast food store, specifically a delicatessen. While
the use was grandfathered, the retail zoning would not allow
for the expansion. The staff previously objected to this
petition, and the P&Z tabled this item, on the grounds of
needing an easement for widening of the road. The
petitioner has dedicated a 20 ft strip for street
improvement as well as an easement of 10 foot to be claimed
as required by the City for future improvement. This
dedication and easement are reflected on the plat submitted
to the City. With this addition, the staff has no objection
to the granting of this re-zoning petition.
AGENDA
REGULAR MEETING
PLANNING & ZONING COMMISSION
CITY OF WYLIE, TEXAS
THURSDAY, JULY 17, 1986
7:00 P.M. COMMUNITY ROOM
800 THOMAS STREET
CALL TO ORDER
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1-5 Consider approval of minutes.
2 6-10 Conduct PUBLIC HEARING on the
request for B1 zoning on 0 .3241
acres out of the E. C. Davidson
Survey, Collin County Abstract 267 ,
located on the northeast corner of
S. SH78 and Kirby St .
3 ADJOURN
MINUTES
PLANNING & ZONING COMMISSION
THURSDAY, JULY 3, 1986
The Planning and Zoning Commission for the City of Wylie,
Texas met in regular session on July 3, 1966 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,
Vice-Chairman Brian Chaney, Ben Scholz , Bill Chapman , Fred
Ouellette, and Ken Mauk. J.F. Hall was absent.
Representing the city staff was Gus H. Pappas, City Manager;
Roy Faires, Code Enforcement Officer; and Amanda Maples,
Secretary.
The meeting was called to order at 7: 00P. M. by Chairman Kent
Crane.
ITEM NO. 1 - APPROVAL OF MINUTES - Vice-Chairman Brian
Chaney said that J.F. Hall 's name needed to be corrected in
Item No. 1 of the minutes of the June 26, 1986 meeting.
Vice-Chairman Brian Chaney then made a motion to accept the
minutes with this correction. Ken Mauk seconded the motion.
Motion carried 5-0.
ITEM NO. 2 - PRESENTATION BY CURTIS CAPELLE OF RUSTIC OAKS -
Mr. Capelle was representing a group of homeowners in Rustic
Oaks who feel that the development just south of the single-
family residential area of Rustic Oaks was misrepresented to
them at the time that they bought their property. They feel
that the salespeople deliberately led them to believe that
the area now zoned MF was to be single family with a
"greenbelt" to the railroad tracks. They requested that
this area now zoned for MF be changed , by the City, to
reflect the zoning they believed to be in effect when they
bought their property.
Mr. Capelle presented the Planning & Zoning Commission with
a petition signed by about 94% of the residents in the
Rustic Oaks Subdivision. He stated that the residents of
Rustic Oaks feel that the MF zoning would be detrimental
both to the City of Wylie and to their subdivision for the
following reasons:
1 . The streets are inadequate to support the increased flow
of traffic.
2. The City of Wylie 's tax base would diminish due to the
fact that the homeowners property value would diminish or at
best would stay the same instead of escalate.
3. There would be an increase in the crime rate.
4. The schools are inadequate and cannot support the
increased number of children.
Chairman Kent Crane stated that 3 years ago the Planning &
Zoning Commission dealt with this area, our responsibility
to the citizens begins when this is all wheat fields. We
use buffers to protect certain zonings. In this case we
have used 1 row of SF, 1 row of 2F (duplex ) and a
thoroughfare as a buffer. City Manager Gus Pappas said that
the City of Wylie would be in serious legal jeopardy if they
attempt to rezone this piece of property to SF use. The
term is "Down Zoning" and the property owner would be
entitled to treble punitive damages because he has gone
through all of the proper legal channels to secure his
zoning. I can find no avenue where the City can change
this. Chairman Kent Crane said that the Planning &. Zoning
Commission had worked and debated for a long time on this
when they zoned it and that they did not want SF by the
railroad tracks or SF by an industrial use. They were even
concerned about having apartments by the railroad tracks but
this is what they came up with and I am comfortable with it.
Mr. Capelle said that the homeowners of Rustic Oaks is only
asking that a public hearing be held on this to re-zone it.
City Manager Gus Pappas stated that if 1000 people showed
up at a public hearing to re-zone this, it wouldn 't matter.
The effect of re-zoning this would cost each one of us an
increase in our taxes to pay for the lawsuit. Chairman Kent
Crane said that we are sympathetic but we have a set of
guidelines that we must follow and people have to live in
apartments. Their is nothing we can do.
Bill Chapman made a motion to leave the zoning as it is.
Vice-Chairman Brian Chaney seconded the motion. Motion
carried 6-0.
ITEM NO. 3 - PUBLIC HEARING ON ZONING OF 10 ACRES ON SH7B -
This property is described as 10. 4996 acres out of the
Francisco de la Pina Survey, Collin County Abstract 688 and
is located on E. SH78 in front of Wylie Ranch East. The
petitioner is asking for 81 zoning. The staff has reviewed
the request and recommends approval .
Chairman Kent Crane opened the public hearing. Their being
no questions or opposition the public hearing was closed and
brought before the board for discussion.
Vice-Chairman Brian Chaney asked City Manager Gus Pappas if
their was any way to force the builder to put in some retail
zoning since this was such a large area for B1? City
Manager Gus Pappas replied that you will probably have a
mixture anyway because at some later date someone would want
to increase the zoning. A representative of the property
responded that he had spoken with some fast food chaines and
they did not want any outside sales in the area. Fred
Ouellette said that he would rather zone the tract retail
and at a later date if someone wanted B1 then we could
decide at that time. Chairman Kent Crane said that if
someone goes in with retail and later we zone back to B1 we
would be stripping the retail of their protection. He felt
that this should be zoned with the thought that this is how
it will always be. City Manager Gus Pappas stated that the
reason to differentiate between B1 and retail is so that
when you have a residential area you can restrict business
to a small compact use such as retail . However , along a
highway your restrictive use is not zoning B2.
Ben Scholz made a motion to accept the B1 zoning. Bill
Chapman seconded the motion. Motion carried 5-1 .
ITEM NO. 4 - PUBLIC HEARING ON RE-ZONING OF "THE MEADOWS" -
Thi s property is located at the triangle formed by S.
Ballard , Stone Road and S. Birmingham. It is currently
designated as 2F (duplex ) . The petitioner is requesting re-
zoning to PD (planned development) and is submitting a plat
with this proposal as required by our Subdivision ordinance.
It is his desire to build zero lot line houses on this
tract.
City Manager Gus Pappas commented that the request is to
consider changing from the existing duplex to a planned
development. This is the first step and it is the concept
plan. You may discuss the concept in greater detail than an
ordinary plat. You will see a planned development come
before you twice as opposed to three times for a regular
plat.
Chairman Kent Crane opened the public hearing. Mr. Michael
Cummings the Proiect Engineer came forward to represent
Bobby Rhone the owner of the property. He said that they
are only asking to change the type of unit , instead of
duplexes they want to build single family, zero lot line
garden homes. He went on to say that the interest in
duplexes has been small and that these would look like
regular houses with rear entry garages. He wants to meet
all of the building code requirements for duplexes except
that these houses would be 10 feet apart instead of 12 feet
for duplexes.
Mr. Gary Roddy, owner of the property 500 ft. South of the
property now zoned 2F said that he was opposed to having
900 sq. ft . houses so close to his property which is zoned
SF2. He said that he had no objection to zero lot line
houses it the size of the home is more compatible to the
surrounding zoning.
Chairman Kent Crane closed the public hearing and brought it
before the board for discussion. Mr . Roy Faires said that
some things to consider were off street parking, fencing ,
and fire protection. City Manager Gus Pappas said that some
other things to consider were asking the developer to
indicate that he intends to comply with the building codes
in the Sub-division Regulations, request the builder to
specify on the concept plant that on the zero lot line side
of the house their will be no windows or doors, ask the
builder to define how the homeowners will fence their
property, and request that the builder be required , at all
times, to display a sign on the premises stating that these
are zero lot line homes. Also, you should consider tonight
either ending this and the developer can go ahead and build
his duplexes or tell the proposed developer what you want to
see changed and approve or deny the request based on these
changes.
Mr . Cummings stated that they would meet the building codes
in the Sub-division Regulations, their would be no windows
or doors on the zero lot line side of the homes, they would
be agreeable to 1200 sq. tt. housing and to fencing the
lots. Chairman Kent Crane said that this would open a door
to some more affordable housing in an owner type situation.
The other options are apartments, mobile home parks and
duplexes. This will no longer be a rental neighborhood it
will be an owner occupied neighborhood. Mr. Roddy stated
that he would withdraw his opposition if the builder would
build 1200 sq. ft houses.
:-ice-Chairman Brian Chaney made a motion to accept the PD
zoning with the following 10 changes.
1 . The builder would meet a 10 ft. minimum requirement
between houses.
2. Each house will have a minimum of 1200 sq. ft. living
space.
3. The homes are not attached and will be built uniformly
with one wall on a lot line.
4. The builder will be required to fence each property with
a b ft. wood fence prior to issuing a certificate of
occupancy.
5. The builder will meet the building code requirements for
SF3 housing.
6. There will be no windows or doors on the zero lot line
side of the houses.
7. The builder will be required to clearly display a sign,
at all times, stating that these are zero lot line homes.
8. Each house will have a rear entry, two car garage.
9. The builder will be required to install guttering on the
zero lot line side of each house.
10. The builder will be required to landscape Meadow Court
with a 2in. caliber Live Oak Tree and sod.
Bill Chapman seconded the motion. Motion carried 5-1 .
ITEM NO. 5 - ADJOURN - Vice-Chairman Brian Chaney made a
motion to adjourn. Bill Chapman seconded the motion.
Motion carried 6-0.
Kent Crane, Chairman
Planning & Zoning Commission
Respectfully Submitted:
manda Maples , Sec etary
F'ET I
(P4
17
THE STATE OF TEXAS:
COUNTY OF COLLIN:
TO THE CITY COUNCIL OF TH COLLIN COUNTY,
TEXAS:
►V� comes c_Lv — itoE dri?. of the County of
kg.e.JQ,AU/T '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 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:
c CC Air,"e ic_i)
PETITION FOR ZONING CONT' D. PAGE
SaidJ-t_ L i represents that he and all
o r o4 ers desire the zoning to be changed from
_ �“� to _1h1-J 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, 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.
Witness e hand of this petitio er this the 1‘.LXG
day of4 ;� 198 _
f,,C 0d4 ?' NQdr Signature
,¢4,4,2 iFE Slit ri✓ti
_ o, A! . _5EiFZa-r
Please Print Name
3700 ,Q:ifL 7-y ,gyp•
Street address or Box No.
PALLAS� 72- 7�23 y
City Texas Zip
Or 0iy/Z , - oyoS-
77 Telephone
•
THE STATE OF TEXAS:
COUNTY OF COLLIN:
Before me, the and signed Notary F'yb�l in this day
personally appeare _ % c.../ :"�.nown to me to be
the person whose ame is ►bscribed to the foregoing
instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expresses:
Gi• under my hand and seal o�/ of f i ce this the 14di�/ day
of� • 198
;� A f li e
�/: o ►bt�vtiW+cSbbd� Notary Public, Col i n Cou +ty, Texas
Commi�im bons
S: .
1 . No improvements shown:-
2. City of Wylie shows 50' R.0.3
for Kirby Street, but there is
no dedication of record. .
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��� 0. 3241 Acre .. Fd. 1.
�`' 14,117Sq, Ft.
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Set I.R. .
Set I.R
0'hd. Tele. Line-'r T
qi
Point of Beginning N87°55'40"W I" 3N hGI) T
Set I.R. 156.22'
irb Street Set LR.•
SURVEY PLAT
October 3, 1985
This is to certify that I have this day made a careful and accurate survey of the following
described property:
SITUATED in the City of Wylie, Collin County, Texas, in the S. B. Shelby Survey, Abstract No.
820 and the E. C. Davidson Survey, Abstract No. 267, and being a resurvey of a called 0.324 Acre traot
of land described in a deed from Nadyne M. Ticer to Roadside- Stations, Inc . as recorded in Volume 1927,,
Page 423 of the Collin County Deed Records, and being more particularly described as follows:
BEGINNING at a 1/2" iron rod set at the intersection of the Southeast line of State Highway No. 78
(120' R.O.W. ) with the centerline of Kirby Street;
THENCE N52'16'00"E, along the Southeast line of State Highway No. 78 and the Northwest line of the said
called 0.324 Acre tract , at 31 .07 feet a 1/2" iron rod set in the North line of Kirby Street, in all on
this line 201 .07 feet to a 1/2" iron rod set at the most Northerly Northeast corner thereof, said point
also being the Southwest corner of a tract of land described in a deed to McDaniel Enterprises, Inc . as
recorded in Volume 965, Page 495 of the Collin County Deed Records;
THENCE S37'44'00"E, 100.25 feet along the Southwest line of the said McDaniel Enterprises, Inc . tract O
and the Northeast line of the said called 0.324 Acre tract to a 1/2" iron rod found at the most
Easterly Northeast corner thereof;
THENCE S52'26'09"W along the Southeast line of the said called 0.324 Acre tract , at 49.81 feet a 5/8"
irrn rod found in the North line of Kirby Street, in all on this line 81.06 feet to a 1/2" iron rod set
at the Southeast corner thereof, said point being in the centerline of Kirby Street ;
THENCE N87"55'40"W, 156,22 feet along the South line of the said called 0.324 Acre tract and the
centerline of Kirby Street to the place of beginning and containing 0.3241 Acre or 14, 117 Square feet
of land .
This plat is a true and correct representation of the property described hereon to the best of
my professional knowledge and belief . There are no encroachments or protrusions except as shown.
,e��E OF..TF.9
•ROBERT W. CUMMINGS obert W. Cummings, Registere, Public S veyor No. 4060
4060 .Q. .
cs sic -1