04-02-1987 (Planning & Zoning) Agenda Packet &nTf asTeV
AGENDA Vme A ree
REGULAR MEETING o. 00 4/00 rJ
PLANNING & ZONING COMMISSION
THURSDAY, APRIL 2, 1987
7 :00 P.M. COMMUNITY ROOM
800 THOMAS STREET
CALL TO ORDER
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 Consider approval of minutes.
2 Consider presentation on behalf of
Roger Finholt, Developer of Lake
Ray Hubbard Mobile Home Estates
regarding a change in the
designation of the greenbelt area
in that park. (Presenter - Evelyn
Hamilton. )
3 ADJOURN
`.
MINUTES
PLANNING 8^ ZONING COMMISSION
REGULAR MEETING
THURBDAY MARCH 19° 1987
The Planning and Zoning Commission for the City of Wy1ze.
lexas met in a Regu1ar Meeting on Marcm 19, 1987 in the
Community Room at 8i/`} Thomas Street. A quorum was present,
notice of the meetinq nad been posted for the time and in
the manner required by law. Those present were: Chairman
6rzan Chaney, Vice-Chairman ben Scholz, R. P. Miller and Jay
Day zs. Those absent were Bill Chapman. Ken Maui..: and Fred
Ouellette. Representing the city staff was Gus H. Pappas,
City Manager; Roy Faires~ Code Enforcement Officer and
Amanda Maples, Secretary.
The meeting was called to oroer at 7: 00 p. m. by Chairman
Brian Chaney.
ITEM NO. 1 - APPROVAL OF M�NQTES OF MARCH 5, 1987 - Vice-
Chairman Ben Scholz made corrections to the following in
Item No. 3: impact fees, gentlemen, Fiscal Impact Studies,
capable, City s, yield, sense and variable. Vice-Chairman
ben Scholz made a motion to accept the minutes with the
noted corrections. R. P. Miller seconded the motion. Motion
carried 4-0.
ITEM NO. 2 - PUBLIC HEARING ON ANNEXATION OF WYLIE RANCH
EAST - This annexation was initiated at the request of the
majority of residents in Wylie Ranch East. Letters of
intent to annex have been mailed to the remainder of the
property owners and we have had no opposition from those
people. Wylie Ranch East is surrounded on all sides by the
City Corporate Limits.
Mr. Pappas addressed the board saying that Wylie Ranch East
is surrounded by Wylie and is located East of Wyndham
Estates. This is a ranchette type subdivision. Recently
these people have wanted street repairs and City services so
the Home Owners Association got together and requested
annexation.
Chairman Brian Chaney opened the public hearing.
Marge Favor of 315 Kelly Court came forward saying that she
was under the impression that everyone in the subdivision
would be informed of these meetinqs' She stated that the
only person who nad received any information was one person
who was an involuntary annexation.
Mr. Pappas stated that the letter was a standard letter, sent
out to all involuntary annexations. He told Mrs. Favor that
he would be glad to qxve her some blank letters to give to
the other homeowners.
Mrs. Favor said that in the letter it mentioned something
about zoning and a fee. She was unclear as to whether they
would have to pay a fee to be zoned.
Mr. Pappas explained that most annexations are done on
modest, large tracts that may in the future have a different
use. l guess what we are saying is that if you want a
particular zoning, you need to request it. In this case,
the property is all residential and it would suprise me if
anyone wanted to act on an individual basis and request a
different zoning.
Mrs. Favor stated that she had a petition signed by some of
the home owners of Wylie Ranch East requesting SF1 zoning.
She said that there were 20 existing homes ranging from 1600
to 3000 sq. feet. The average lot size is from 1 to 2 acres
and the current value of the subdivision is over 2 million
dollars. There are 8 vacent lots bringing the value up to
approximately 3 million dollars for the entire subdivision.
Mr. Pappas informed Mrs. Favor that this board could not
maxe a decision on zoning tonight. That would be discussed
at a future meeting.
Mr. Pappas also stated that almost all of the homes would
fit into SF1 zoning with the exception of a few homes which
are under the 1800 sq. foot minimum. You should be aware
that if you request SF1 and are awarded that zoning" in the
event of a catastrophe where 90% of the home is destroyed
and it must be rebuilt, it would have to oe rebuilt at the
1800 sq. foot minimum.
Mrs. Favor said that most of the people with the smaller sq.
footage homes had signed the petition.
Mrs. Favor stated that in a recent newspaper articie she
read about an involuntary annexation and them demanding
services. She asked about the people in this subdivision
that would be involuntarily annexed, would they have to pay
their share for services?
Mr. Pappas said that according to law an involuntary
annexation must have reasonable access to hard services
within 3 years or they can petition for deannexation. In
the case of your subdivision, you already have reasonable
access.
There being no further questions or, opposition, Chairman
Brian Chaney closed the public hearing and brought it before
the board for discussion.
Chairman Brian Chaney asked how may land owners were in
favor of the annexation.
Mrs. Favor said that out of 28 tracts, 22 were in favor and
on some of the vacant tracts they were unable to contact the
owners.
Chairman Brian Chaney asked Mr. Pappas, if the value on the
tax roll is 2 million dollars, what would the taxes be in
the first year?
Mr. Pappas said about 10 thousand dollars.
Chairman Brian Chaney said that Fred Ouellette had contacted
him with a concern that the streets be put on the Street
Reconstruction Program and what percentage would the
property owners pay.
Mr. Pappas said the the property owners currently pay about
39% of the reconstruction.
Chairman Brian Chaney asked when the street would be put on
the program and in the long range planning, when could they
expect the street to be fixed?
Mr. Pappas said that there is a good chance that the street
could be redone in the first year. Currently there are
three streets ahead of them. The streets that are in Wylie
nave not jumped at the program. Birmingham, Stone and maby
Cottenbelt, also the street in the Park will be redone
first.
While the people in Wylie Ranch East were pursuing their,
problem with the County, in researching the plats, they
+ound that in 1979 tne City reviewed the plat as an ETJ
review and accepted the dedication of the streets. This is
not normal but the County is reluctant to redo streets that
oe1ong to Wylie. This means that Wylie has an obligation to
repair those streets.
Chairman Brian Chaney stated that there is currently a
hellicopter in use in tnis subdivision, how would our
ordinances effect that use.
Mr. Pappas said that at this point there is no regulation
prohibiting the landinq and taking off of a hellicopter in
the City. They would be responsible for public safety and
the noise under, our standards.
Chairman Brian Chaney stated that since the City is already
responsible tor the repair of the streets this would be a
good annexation.
Mr. Pappas stated that there is a recent law which states
that if a City surrounds a tract on 3 sides it must be
annexed within a certain period of time, so it is
inevitable.
Vice-Chairman Ben Scholz made a motion to accept the
annexation request. Jay Davis seconded the motion. Motion
carried 4-0.
ITEM NO. 3 - PUBLIC HEARING ON ANNEXATION OF 4 ACRES ON FM
2514 - This property is described as Tract 7 out of the I . &
G. N. Ry. Co. Survey, Collin County Abstract 1059 and is
located on FM 2514 (Parker Road) . The City Staff has
initiated this annexation and the proper notification of the
property owner has been made, notices of the public hearings
placed in the newspaper etc. This annexation together with
the annexation in Item No. 4 will take us to the ETJ line
with ST. Paul .
Mr. Pappas informed the board that on Item No. 3 and 4 the
property is located in 2 different abstracts so they have
been separated into 2 different ordinances and 2 public
hearings. He said that this is one of the last remaining
tracts along the Wylie, St. Paul ETJ line.
Chairman Brian Chaney asked what existed on this tract.
Mr. Pappas said that is was a single residence.
Chairman Brian Chaney asked if the land owner had responded
to the annexation.
Mr. Pappas said that he had lost track but that the land
owner was present tonight.
Chairman Brian Chaney opened the public hearing.
Mrs. Joyce Pockrus of 2200 McCreary Road, owner of 2 and 2/3
acres, came forward stating that the information which she
had received from the City must be very old. Prior to 1978
the 5 acre tract on the other side of the road was sold to
Wylie Northeast Water Supply. In 1980 I bought 4 acres and
since then I have sold 1 and 1/3 acres. I have a current
survey of the property. We were under the impression that
the Water Company property was not in the ETJ of Wylie and
we ask to be excluded from Wylies ' ETJ.
You don ' t have anything to offer me except a tax bill . I
don ' t need water, sewer, or streets and I do not want to be
annexed. in the future if we decide to do something with
the property we may, at that time, want to annex.
Chairman Brian Chaney stated that the City firms up its
borders by annexing. One thing that we try to do is to
protect your property with zoning.
Mrs. Pockrus said that it would be hard for them to sell the
property for a residential use because there is a barn on
the property adjacent to their property. The barn smells
and no one would want to live next to that smell .
Mr' Randy White, owner of 1 and 1/3 acres in the North
quadrant of the 4 acre tract, Volume 2229, Page 261 of the
Collin County records, stated that he did not understand
what he would gain by being in the City. He said that he
runs a part-time electrical business out of his garage and
he doesn ' t want that to be effected.
Mr. Pappas stated that annexation is something that a City
does to extend regulations as well as providing services.
It is not a barter system.
Mr. White asked Mr. Pappas if he would be annexing only half
of the triangular shaped road and if so who would maintain
the road.
Mr. Pappas said that it is not at all unsual for a City line
to be down the middle of the road. Usually what happens is
the two Cities work together either through some kind of
agreement or a formal contract to maintain the road'
Mr. Pappas asked Mr. White if they were aware of a major
thoroughfare that would be going into this area?
Mr. White said that they had heard of it for years but they
would believe it when they saw it.
Mr. Pappas explained that this is not a State or Federal
Highway so no big power will sink funds into it to make the
road suddenly appear. This road will be an extension of
Park Blvd. that will join Parker Road right in front of your,
property. The street will be in the City of whos ETJ it
goes through and will be funded by developers along the way
and various Cities.
There being no further questions or opposition Chairman
Brian Chaney closed the public hearing and brought it before
the board for discussion.
Chairman Brian Chaney stated that this board had recently
turned down an involuntary annexation because we did not
feel that it should be part of the City.
Vice-Chairman Ben Scholz said that in this case he did not
feel an urgency to annex.
R. P. Miller said that the people are against the annexation,
I don ' t feel that it is a good idea.
Chairman Brian Chaney said that there are other land owners
in the City that deserve protection.
Jay Davis said that he felt that protection would be the
greatest benefit if we annex this property. He asked Mr.
Pappas what the tax exemption would be for this property if
it had agricultural zoning.
Mr. Pappas said he could not calculate the taxes without
knowing what the assesed value of the property is and what
their agricultural exemption is.
Chair-man Brian Chaney said that he felt tnat this property
would eventually oecome a part of the City anyway and that
it should be annexed and regulated to benefit everyone now.
R. P. Miller, asked what advantage would these people have to
being annexed and requlated now as opposed to later.
Mr. Pappas informed the board that this property would
probably remain in its existing use until things start to
happen out there. They would immediately be protected by
fire and police. Currently they receive police protection
from Collin County. they receive fire nrotection from us
without paying for it.
He stated further that at some point this property will
oeqin to change and if the property is in the ETJ and is not
suodivided we would not have any control ' We don ' t have any
control over zoning in the ETJ at all , it must be annexed in
order to control zoning.
Mr. White said that he was under, the impression that if
there was a fire in that area that the County would pay
Wylie and then bill the home owner.
Mr. Pappas said that was not true. The City of Wylie has an
agreement with the City of St. Paul that we provide fire
protection to citizens within their City and we would be
reimbursed. If you have received a letter from St. Paul
then it is in error because you are in the Wylie ETJ.
Vice-Chairman Ben Scholz stated that due to the ETJ
agreement between Wylie and St.Paul and the nature of this
property. I really don ' t see the need to push for this
annexation now. I feel that the qovernment is involved
enough in our lives as it is.
Mr. Pappas asked Mr. Scholz if he would feel that it was an
appropriate time to annex this property after they had
installed an offensive use?
Vice-Chairman Ben Scholz said that he was aware of that
possibility.
Mr. Pappas said that is the most significant factor in this
annexation.
Jay Davis made a motion to annex the property. Chairman
Brian Chaney seconded the motion. The motion died with a
vote of 2-2.
ITEM NO. 4 - PUBLIC HEARING ON ANNEXATION OF 74~913 ACRES ON
FM 2514 - This annexation, initiated by the City, consists
of several tracts individually owned. The proper
notification has been made to each property owner and the
proper, notices of public hearings have been placed in the
Wylie News. This annexation and the one in Item NO. 3 will
close our boundary line with the St. Paul ETJ line.
Chairman Brian Chaney opened the public hearing.
Mr. Bill Downs of 601 Parker Road, owner of tract #40 and
#24, came forward stating that he had come to the meeting
with the attitude that this would be a hostile meeting, due
to the tone of the letter which he had received from the
City. My assumption was that I am automaticly annexed.
This letter is not an invitation to a wedding rather, an
invitation to a hanging' I suggest that you look into that,
You might find less opposition.
Why sir, do you want me for a member of your City?
Chairman Brian Chaney responded that it is the job of this
board and of the City Council to protect the property owners
of the City of Wylie both now and in the future. The City
Staff and this board have taken many hours to make plans for
growth and to make ordinances that protect the City.
Mistakes have happened in the past with abusive uses and it
is our job to protect the property owners so that these
mistakes won ' t happen again.
Mr. Downs said that the only thing I have heard so far is
that this protects me from my neighbor and gives me fire and
poizce protection which I already nave. According to the
City Manager there is a reasonable amount of time in which I
can expect hard services, 3 years~ yet I will become a part
of the tax base now. Why not wait 3 years to annex me when
you can provide me with services7
Mr. Pappas informed Mr. Downs that sewer would be available
for him to tie into immediately if he wanted to do so.
Mr. Downs asked if he had a choice.
Mr. Pappas said yes.
Mr. Downs said that he had a choice to tie into the sewer
but he did not have a choice in the annexation? Mr. Downs
asked what the zoning would be on this property if it were
annexed---
Mr. Pappas said that the ultimate use would be Retail and B2
but for the time being you could enjoy any agricultural
exemption that you may have.
Mr. Downs addressed the board saying that his neighbors, who
could not be present tonight, have asked him to convey that
they do not wish to be a part of the City of Wylie and that
he felt that now is not an appropriate time to annex this
property. " l employ you not to use the power that you
have.
Mr. Jack Parr came forward to speak on the annexation. I
have done more for the City of Wylie than it has ever done
for me. I let them run a sewer line across my property and
they promised me that I would be tied in. It has never been
done. I gave 3 1/2 acres of land for FM 2514 free at no
cost. l feel that this is just another tax deal. No one
out there plans to develop or sell their property.
Ray Turner came forward saying that he was against the
annexation.
Mr. Connley came forward saying that he also was against the
annexation.
Mr. Pappas asked these land owners if they would like to
become a part of St. Paul .
All replied no.
Mr. Downs said that the property owners did not feel that
they needed to be protected from each other'
There being no further questions or opposition Chairman
Brian Chaney closed the public hearing and brought it before
the board for discussion.
R. P. Miller said that he could not see that annexing this
property would do anything but create more conflict between
the property owners and the City. I feel that the City
would loose more than it would gain.
Vice-Chairman ben Scholz said that these people have used
tnis 1and +or such a long time as their home, I can t see
them putting an abusive use on it.
Jay Davis agreed.
R. P. Miller made a motion to deny the request for
involuntary annexation. Vice-Chairman Ben Scholz seconded
the motion. Motion carried 3-1 .
ITEM NO. 5-7__E�QPLIC HEARING ON THE REZONING OF A PORTION OF
RUSTIC OAKS IV - This request for rezoning actually involves
only a portion of the SF3 and 2F sections in Rustic Oaks IV.
The revised plat will show that the SF3 lots will actually
remain the same with all SF3 specifications remaining in
full force and effect. The 2F lots have been redesignated
as ''0" lot line houses and therefore these additions must be
handled as a Planned Development. The City zoning
requirements also specify not less than five acres for a PD,
thus this developer is including the SF3 portion in order to
meet that requirement, but will still put SF3 housing on
those lots. The 2F zoned area was slightly less than five
acres' The combined acreage is now 7. 674 acres.
Chairman Brian Chaney stated that he had a personal conflict
of interest concerning this item and that he would step down
and Vice-Chairman Ben Scholz would chair this part of the
meeting.
Mr' Faires said that the first time these people came before
me with the desire to transfer the 2F lots into "0^ lot
line, I had to refuse them because they could not meet the 5
acre requirement. They only had 4. 4 acres in the 2F so they
had to incorporate some of the SF3 into the balance until
they had 5 acres. I see no reason to object to this, it
will not increase the density and will create owner occupied
homes.
Vice-Chairman Ben Scholz opened the public hearing.
Mrs. Debbie Chester of 413 Elliott St. came forward stating
that it was important to the residents of Rustic Oaks to
maintain the integrity of the neighborhood. We would like
to obtain a buffer between our homes and the apartments. We
feel that there should be more single family residents
there.
Mr. Pappas said that the North side of Fleming Street is
zoneo SF3 and the South side is zoned 2F or duplex. If this
zoning change is approved the SF3 lots will stay the same
and the duplex lots will become "0" lot line homes or garden
homes. I think this is what you want.
Mr. Chester said that if what we understand is true you will
have the support of 99. 9% of the homeowners in Rustic Oaks.
Mr. Mike Howland of R. D. M. Development said that they were
trying to do exactly what the home owners wanted which is to
create a buffer between Rustic Oaks and the apartments. In
our economy today, duplex housing is not feasible. If you
will allow this change in zoning then I have builders ready
to buy the lots.
Mr. Durk Gallagher of 410 Elliott came forward and was in
favor of the rezoning.
Mr. Randy Slack of 407 Elliott came forward and was in favor
of the rezoning.
Mr. C1ement Sparks of 409 Elliott came forward and was in
favor of the rezoning.
.
Mr. Charles Sigmond of 4Z9 Elliott came forward and was in
favor of the rezoning.
Mr. Art Brumfield of 420 Elliott came forward and was in
favor of the rezoning.
There being no further questions or opposition Vice-Chairman
Ben Scholz closed the public hearing and brought it before
the board for discussion.
Mr. Pappas said that he would like to ask the Planning and
Ioning Commission to give consideration as to whether or not
at all points in the future we should allow a developer to
transfer acreage just to meet a 5 acre land requirement. I
think that should be discussed at a later date.
Jay Davis made a motion to accept the request for rezoning
from 2F to PD. R. P. Milier seconded the motion. Motion
carried 3-C).
ITEM -NO. _-6- - APPROVE FINAL PLAT/CONSTRUCTION PLANS FOR
WESTGATE CENTER PHASE % - These plat/construction plans are
being returned for review and consideration.
Chairman Brian Chaney stated that the last time these were
before the Planning and Zoning Commission there was some
question as to the Railroad Crossings.
Mr. Santry. City Engineer, informed the Planning and Zoning
Commission that the railroad crossing had been eliminated
from the plat as it should be. He stated that this is
railroad property, if they follow procedure they will grant
signalization and an easement to cross the property. The
railroad company requires us to provide them with all
information concerning the road and how it will cross the
tracts.
The permits have already been granted for the approaches to
State HWY 78 and FM 544.
Relative to obtaining the Railroad Crossing, it is a long
and argueous trail . The application for a railroad crossing
was sent to the Superintendent of the Northern Division of
the Santa Fe in Ft. Worth in November of 1986. As an
example of this. we have one crossing that was sent on the
10th of March 198b~ over a year ago. This process is hung
up because until recently matters of this nature were
handled in an office in Amarillo which is now in the process
of bein9 combined with an office in Topeka Kansas. The
Railroad will only deal with governmental entities, they
will not deal with developers. Once we have sent a letter to
the railroad requesting a crossing they will investigate it
and contact us with an estimated cost, the City will have to
guarantee that cost ano we will obtain a letter of contract
from the developer to pay for the crossing. We pay the
Railroad Company and they construct the crossing.
In essence Westgate Way will go from HWY 78, in a 100 ft.
divided r. o. w. , to Hwy 544, then North to connect with the
Westgate Subdivision, Phase I .
Further~ Mr. Swayze has asked for some rather large lots
along Hwy. 544, we have asked him for a statment that prior
to the replating of any of these lots or prior to issuing a
Certificate of Occupancy, the Perimeter Street Fees must be
Paid to insure that when Hwy. 544 is widened we can make it
a better, road.
Mr. Pappas said that because of the time involved in
securing the railroad crossing it would be inappropriate to
make the approval of the plat contingent upon securing the
crossing. The staff recommends approval .
Chairman Brian Chaney asked how binding the letter from Mr.
Swayze would be for securing payment for the crossing.
Mr. Santry said that the letter would be such that Mr.
Swayze would be bound to reimburse the City.
Mr. Swayze addressed the Planning and Zoning Commission
saying that he was disappointed about having to be present
at this meeting he thought that this could have been handled
with a letter. He stated that they woulo not turn dirt on
this project until they had assurance of a crossing.
Mr. Pappas said that Mr. Swayze was saying that the property
would not be developed without a crossing. I am not sure
about that but, the property would be more valuable with the
crossing. So if it is approved he has incentive to pay for
the crossing. If it is not approved he will change the thru
street to a cul-de-sac and he will need a replat in order to
accomplish that, in my opinoin the City is protected.
Ben Scholz made a motion to approve the final
plat/construction plans for Westgate Center Phase I . Jay
Davis seconded the motion. Motion carried 4-0.
ITEM NO. 7 - APPROVE FINAL PLAT/CONSTRUCTION PLANS FOR
WESTGATE CENTER PHASE 11 - Mr. Pappas stated that the staff
recommends approval .
R. P. Miller made a motion to approve the final
plat/construction plans for Westgate Center Phase II . Jay
Davis seconded the motion. Motion carried 4-0.
Mr. Swayze addressed the Planning and Zoning Commission
saying that he felt that in the future current business
should be put at the top of the agenda and public hearings
should be put last.
Mr. Pappas said that it has always been a practice of the
City to make it more convenient for the public than the
developers.
Mr. Pappas said that it has occured to him that we could
save a lot of time if we had a workshop to discuss some
basic things relative to zoning.
Chairman Brian Chaney said that he would like to discuss
involuntary annexations. How does the Council feel about
them? I feel strongly about firming up our borders but some
don ' t feel that way. I 'd like to know the Council 's opinion
on these annexations and whether we should proceed with
them.
Mr. Pappas stated that the Council could not have a pre-vote
on annexations. Involuntary annexations should be staff
initated. Voluntary annexations should be accepted. We
should give primary consideration to firming up our borders,
second we should annex large tracts of undeveloped land due
to the possibility of an unattractive use. Third, we should
annex islands. Those instructions are two and a half years
old and no Council` as a body, has changed those
instructions. At this time I am still operating under those
guidelines.
Chairman Brian Chaney asked if everyone wanted to put on the
next agenda to set a date for a workshop.
Mr. Pappas felt that it would be better to wait until after
the election.
All agreed.
'
_3][EM NO. 8 - ADJOURN - Jay Davis made a motion to adjourn
the March 19y. 1987. Regular Meeting of the Planning and
Zoning Commission. Vice-Chairman Ben Scholz seconded the
motion. Motion carried 4-0.
Brian Chaney, Chairman
Planning & Zoning Commission
Respectfully Submitted:
-- -Amanda Maples,Maples, Secretary