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09-17-1987 (Planning & Zoning) Agenda Packet DATE POSTED 9-11-87 TIME POSTED 3:00 P.M. AGENDA PLANNING AND ZONING MEETING THURSDAY, SEPTEMBER 17, 1987 800 THOMAS STREET COMMUNITY ROOM 7:00 P. M. CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 3 Consider approval of minutes 2 4 Consider approval of final plat for approved for Construction on Westgate Industrial Park (located on FM 544) 3 Adjourn NOTICE OF REGULAR MEETING Notice is hereby given that a committee of the City of Wylie will meet at 7:00 P.M. on the 17th day of September, 1987, in the Community Room at 800 Thomas Street, in the City of Wylie, Texas, for the purpose of considering the above agenda. Caroly. .nes ity Secretary POSTED THIS THE 11th DAY OF SEPTEMBER, 1987 AT 3:00 P.M. PLANNING AND ZONING COMMISSION MEETING - MINUTES 7 : 00 P. M. SEPTEMBER 3, 1987 The City of Wylie Planning and Zoning Commission met in regular session on Thursday, September 3, 1987 in the Community Room. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Vice Chairman Ben Scholz, Bob Skipwith, Bart Peddicord, Marty Stovall , Cecilia Wood, Code Enforcement Officer Roy Faires , Karen Blythe, Secretary, and Candi White, Secretary. Chairman Brian Chaney and Mr . R.P . Miller were absent . CONSIDER APPROVAL OF MINUTES: The minutes submitted for approval were for the August 6 , 1987 meeting . Mr . Peddicord explained that the typing errors in the minutes could sometimes possibly reflect something different than what was meant in the discussion . He went on to point out several typing errors . Ms . Wood corrected her statement in regard to the water supply at Beaver Creek, stating that the minutes reflected that she asked Mr . Cook if he was aware that some of the people in Beaver Creek were not satisfied with their water supply, when she actually was just asking Mr . Cook if he was aware if any of the people in Beaver Creek were unsatisfied with their water supply. Mr . Peddicord state that in one paragraph, Mr . Faires was referring to Mr . Cook' s subdivision , but the minutes sounded like Mr . Faires was referring to his own subdivision, rather than Mr . Cook' s . A motion was made by Mr . Skipwith to approve the minutes with the noted corrections . The motion was seconded by Mr . Stovall . This motion carried with all in favor . CONSIDER RECOMMENDATION TO CITY COUNCIL FOR THE REPLAT OF 1 ACRE OUT OF THE W. PENNEY SURVEY, ABSTRACT 696 (STEVE ANDERHUB ADDITION) : Mr . Faires , Code Enforcement Officer , explained that this is a very simple subdivision, where a grandfather has given one acre out of his 23 acres to his grandson on which to build a house. Mr . Faires also explained that there is water and sewer on the property, along with a septic tank which is used by a mobile home park on the property. Mr . Faires said the only question remaining to be answered is the perimeter street fee, which Mr . Anderhub has requested that the Planning & Zoning Commission recommend to the Council be adjusted to be applied to the entire tract. Mr . Faires also explained that under the subdivision regulations , the subdivision is required to pay perimeter street fees upon filing of the plat . Due to the unusual circumstances , Mr . Anderhub feels that the fee is extensive. Ms . Wood asked if Kinsington Manor , the subdivision across the street from this property, had to pay perimeter street fees . Mr . Faires replied that they did not , as the City had not passed the perimeter street ordinance when Kinsington Manor was developed. Mr . Faires explained that every subdivision has to pay street fees , even if it is located on a state highway. Mr . Anderhub stated that the reason he objects to paying the fees is because the property had just recently been forced annexed and that he had already made plans to build on this property prior to annexation. Mr . Anderhub explained that according to the dictionary, a subdivision is the dividing into small portions of land and usually for sale, and here we just have a parcel of land divided out . Mr . Anderhub also stated that there was no sale involved, but that his grandfather had deeded this land to him, and the reason the land changed names , was that he understood that this must be done before the land could be submitted for a replat . He also explained that the property would still be Ag use, and there would be no Planned Development . Mr . Anderhub also stated that Parker Rd . at one time was only a whiterock road and when it was widened , straightened out , and resurfaced , that about 3 1/2 acres of this property was utilized to do so . He feels that the road has been a benefit to the area and the people of Wylie, and feels that the perimeter street fees should be waived , since land has already been donated for the existing road . Ms . Wood asked when the property was deeded to Mr . Anderhub. Mr . Anderhub said it was done just recently, after the annexation , but that he was already planning to build , when the land was annexed , and decided to hold off to see how the annexation was going to go . Ms . Wood also asked if Mr . Anderhub knew the right-of-way width that was given from the property. Mr. Faires , Code Enforcement Officer explained that according to the submitted plat , there is a 100 foot right-of-way. Mr . Faires also wanted to clarify that State Law defines a subdivision as any piece of property which is divided into two or more pieces , whether it is for sale or development . Mr . Stovall asked how long Mr. Anderhub' s grandfather has owned the property and again if 3 1/2 acres was cut off for the existing road , and if so, was his grandfather paid for the property. Mr . Anderhub stated that his grandfather has owned the property for about 30 or 40 years and that 3 1/2 acres was used for the road , and that his grandfather was not paid for the 3 1/2 acres , and that he did not ask for any payment . Mr. Peddicord asked that since the fee has been set in the subdivision ordinance, if the Planning and Zoning Commission recommended that the fee be waived , wouldn ' t the Commission be setting a precedent for cases like this in the future. Mr. Faires , Code Enforcement Officer , explained that this is a very unique situation and that the Planning and Zoning Commission would not be making the decision , but only a recommendation to the Council , who has the option of waiving the fee . Mr . Faires also stated that because this situation is so unique, it is very unlikely that it would occur again in the future . Mr . Peddicord asked how the fee was figured . Mr . Faires explained that according to the ordinance, it was figured that one lane is 11 foot wide, x 220 x the length of the lot . All the Board members agreed that since Mr . Anderhub' s family had donated part of the property for a road , had given an easement for water and sewer years ago , and had been forced annexed, that in order to do what is fair and just , the recommendation should be made to waive the fee. Mr . Stovall made a motion to approve the final plat and to recommend that the Council waive the perimeter street fee . Mr . Skipwith seconded the motion. The motion carried with all in favor . CONSIDER RECOMMENDATION TO CITY COUNCIL FOR THE PRELIMINARY PLAT OF 22 .0186 ACRES OUT OF THE D. W. WILLIAMS SURVEY, ABSTRACT NO. 1021 COMMONLY KNOWN AS BIRMINGHAM FARM TRACT 16 : Mr . Faires , Code Enforcement Officer , explained that this piece of property is zoned Duplex (2F) by a previous board and council , and that this submittal does comply with zoning regulations and that Staff could only recommend that it be approved . Mr . Faires also stated, however, that he would like to make it a matter of official record that the developer has been informed that we, on staff , have found duplex lots an unmarketable commodity. Therefore, the developer is developing duplex lots as duplex lots and the fact that he will have to put in extra water taps and extra sewer taps because of the duplex configuration,and should this prove a hardship in the future , will prove to be a self imposed hardship. Mr . Kindred , who was respresenting the owners of the property, Mortgage Investments Co . , stated that this subdivision in its entirety consists of 658 acres and the existing City of Wylie, as far as the developed land is approximately the same size as the Birmingham Farms tract . Mr . Kindred also explained that when the Birmingham Farms tract was zoned, it was not done so with the idea that the entire subdivision would be developed immediately, but over a long period of time. Mr . Kindred feels that Mr . Faires ' statement that the duplexes are an unmarketable commodity, was a judgment call , and that the builder who was looking at the duplex lots in the Birmingham Farms tract , builds a very nice duplex and has been very successful . Mr . Stovall asked what the reason was for duplexes instead of single family homes . Mr . Kindred stated that the Birmingham Farms is a master plan community, where they have taken a large acreage and zoned it into categories that over a period of time would make sense in terms of proportion. Mr . Faires explained that the Board could not do anything about the zoning , as it had already been zoned previously, and that according to state law the Board had a duty to recommend approval of the plat , but wanted to impress on the developer that he is developing duplexes and that he should have little hope of having anything other than duplexes or 85 foot SF3 lots . Mr . Peddicord asked Mr . Kindred where the access would be to the property. Mr . Kindred stated that it would be from Allanis and will go through the SF3 zoned part of the property. Mr . Kindred also explained that there would be an entry with brick monuments . Mr . Kindred stated that there would be a lake and a park and that the donation of the lake and park to the City has always been contemplated and recommended throughout the process. He explained again that this is a master plan community and that the City is used to seeing pieces of land being developed here. Mr. Kindred stated that this is a for sale subdivision and doesn' t comtemplate it as a rental subdivision, as this is a first class master plan community which will take 5 to 8 years to be complete and will not be one in which there will be a duplex here and a duplex there. Mr . Peddicord made a motion to recommend approval of the preliminary plat . The motion was seconded by Mr . Skipwith. The motion carried with all in favor . ADJOURN: There being no other business , a motion was made by Ms . Wood to adjourn . The motion was seconded by Mr . Skipwith. The motion carried with all in favor . Brian Chaney, Chairman Respectfully submitted, Candi White, Secretary MEMORANDUM DATE: .._ /�� 8 7 TO: James Jo nson, Interim City Manager FROM: Ron Homeyer, Asst. City Engineer SUBJECT: Flat and/or Plans Approval 1/deST-674—__X- 7.1-7k_tea ?" -,e_ . The material attached is approved by the Engineering Department as being complete and acceptable for placement on the next appropriate agenda. ❑ Preliminary Flat to Planning and Zoning ❑ Preliminary Plat to City Council Final Flat to Planning and Zoning ihFinal Flat to City Council Construction Plans to City Council for construction approval only OFinal Flat to City Council for subdivision acceptance along with final inspection statement COMMENTS: 7 l�E2j -4 T id / Z eak-fed- 4-PP ckic f, idol 1x-0(r % 1L one 1.Gk`Tiat(INAI . .---4n ,_ 1.41,6:2,j RH/am cc: Public Works Director Code Enforcement Officer Subdivision File Chronological File