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08-05-1996 (Planning & Zoning) Agenda Packet )CCI `9 isnsnv 0 W SSQflJ !SflEI JPIHØ1 IMCI• -4 U !SS ! WLLLK) ,au • uOZ pup mIfluPici AGENDA PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX August 5, 1996 6:30 pm CALL TO ORDER SWEAR IN NEW MEMBERS AND ELECT OFFICERS ACTION ITEM 1 . Discuss and Consider approval of the Minutes from the July 1 , 1996 Regular Business Meeting. 2. Discuss and Consider recommendation for approval of a Final Plat for the Heath Addition submitted by Robert Heath, located south of Hwy. 78 and east of Eubanks. PUBLIC HEARING 1 . Hold a Public Hearing and consider a recommendation to the City Council a request from Doug and Guy Poole for a zone change from "R", Retail to "B- 2", Business-2 for Their property located at 103 S. Second Street and further described as Lots 13, 14, 15 and 16, Block 21 in the Railroad Addition. CITIZEN PARTICIPATION DISCUSSION 1 . Discuss legal requirements pertaining to P&Z Meeting Minutes ADJOURNMENT Posted Friday August 2, 1996 at 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170. °' Planning & Zoning Commission #1 Action Item Re: Approval of the Minutes from the July 1, Regular Business Meeting August 5, 1996 Consider approval of the Minutes from the July 1, 1996 Regular Business Meeting. Note any changes or additions which need to be made. MINUTES The Planning and Zoning Commission met in a Regular Business Meeting on July 1, 1996, at 6:30 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North, Wylie, Texas 75098. A quorum was present and a notice was posted in the time and manner required by law. COMMISSION MEMBERS PRESENT: Chairman Bart Peddicord, Steve Ahrens, Cecilia Wood, Tim Owen, Stuart Allison, Rich Eckman and John Crowe. ABSENT: None STAFF MEMBERS PRESENT: Director of Community Development - Mike Phillips and Secretary-Rebecca Rogers. ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes from June 3, 1996 Regular Business Meeting. A motion was made by John Crowe, seconded by Stuart Allison to accept the minutes with corrections as noted. Motion passed, all in favor(7 votes). Chairman Peddicord noted that all members (Rich Eckman, Tim Owen, Bart Peddicord and Cecilia Wood) of the Commission whose term had expired had been re-appointed. Mike Phillips said that a group swearing in would be held at City Council meeting on July 9, 1996. Chairman Peddicord also stated that the election of officers would be held at the next P &Z meeting. PUBLIC HEARING ITEM NO. 1: Hold a Public Hearing and consider a recommendation to the City Council a request from Richard Parker for a zone change from "A", Agriculture to "MF", Multi-Family for a 16.356 acre tract of land located at the southwest corner of Parker Road and Ballard Avenue and further described as the W.D. Penny Survey, Abstract No. 696, Tracts 33 & 33-9. Chairman Peddicord asked Mike Phillips, Director of Community Development if Staff had any comments/recommendations regarding this request. John Crowe noted that the request was for 16.356 acres but the section of property itself is a 40 acre plot. Mike Phillips stated that there are discrepancies in the actual lot size and what the map reads because the map is not updated every time a piece of property is sold. Stuart Allison asked if any more questionnaires were returned and Mr. Phillips said no (only one returned from Jack Parr). Chairman Peddicord opened the Public Hearing and asked if anyone was present to speak for the 1 zoning change request. Richard Parker, 630 Ballard Ave. (PO Box 307), Wylie, Texas, was present to speak for the request. Mr. Parker stated that he feels that this an excellent location for an apartment complex due to the area. Mr. Parker also feels that the apartments will expand the City's tax base. Mr. Parker also owns some single family zoned property in the area that he intends to develop in the future. Chairman Peddicord asked if anyone else was present to speak for the request, no one else present. Chairman Peddicord then asked for anyone present to speak against the request. Bill Downs, of 601 Parker Road,Wylie, Texas stated that he felt that this property was best used for single family homes as planned in the Comprehensive Plan. Wylie already has 200 acres zoned for Multi-Family use allowing 4,000 units, use those already zoned for Multi-family instead of changing zoning to accommodate Mr. Parker. Apartments in that area will have a heavy impact on schools, police, emergency services, and traffic. Parker Road (which is already heavily traveled)is a gateway to the City of Wylie from the west and we have already have bad impressions when entering Wylie from FM 544 or Hwy. 78. Doesn't feel apartments in this area would be best for Wylie, feels that they would be low cost housing units. Mr. Downs would like for the P & Z Commission to honor the Comprehensive Plan. Cecilia Wood asked Mr. Downs if he received and returned the Public Hearing notice, Mr. Downs responded that he did receive it and did not return it because he appeared here tonight. Mr.Downs stated that he was surprised that none of his neighbors received any notification of this requested change. Ms. Wood stated that there was a 200 feet requirement for notification (must live within 200 ft. of the property in question). Mr. Downs asked if he was the only one who received notice and did not feel that was adequate notification. Chairman Peddicord stated that these are the rules and regulations that must be followed. John Crowe asked if Mr. Parr(the one person who returned the notice)was sent the notice because he lived at 818 Foxwood Lane or because he owned property within the 200 ft. of Mr. Parker's property. Mr. Phillips stated that he probably owned property close to the property in question. Mr. Parker stated that Mr. Parr sold the property to him. Mr. Downs asked what Mr. Parr's response to the notice was and Mr. Phillips replied that it was in favor of the request. Dean Humphreys, 106 Windsor Drive, Wylie, Texas (notified by Mr. Downs, not the City). Mr. Humphreys feels that the City of Wylie developed the Master Plan for a reason and if it is deviated from, a lot of problems will arise. Mr. Humphreys has noticed that apartment dwellers spend a lot of time walking to convenience stores. With the proposed apartments, additional zone changes would be required the accommodate retail. Mr. Humphreys would like the Zoning Commission to stick with the Master Plan. Chris Taylor, 129 Fairmount,Wylie, Texas (notified by Mr. Downs, not the City) Mr. Taylor stated that Mr. Parker was in business to make money, he doesn't have to live in this area. Mr. Taylor asked if anyone would want apartments in their backyard. He doesn't feel that this would be the best that Wylie has to offer in apartment living. It may be good for the tax base initially, but you have to allow for increased traffic and an increase in city services. Ms. Wood questioned how close Mr. Humphreys lived to the cabinet shop and he responded that lived at the end of the block of Windsor, in the cul-de-sac and that the back of his house faces a body shop. 2 Lynn Tuggle, 103 Fairmount, Wylie, Texas (notified by the City). Ms. Tuggle moved to Wylie for the country"feel",to get away from the city and appreciates where she lives. She did not move here to be surrounded by apartments and feels that development of single family homes would be fine. Ms. Tuggle would like to see the City stick with the Master Plan. David Shaddox, 109 Fairmount,Wylie, Texas, works for Dallas County Sheriff's's Dept. Within his job,Mr. Shaddox has seen and worked with people in the type of housing that Mr. Parker is planning and does not want that type of housing in this community. Mr. Shaddox moved here from Garland to start and raise a family in the atmosphere that Wylie has. He would like to see the City improved, however, he would like for the City to stick with the Master Plan. John Phillips, 126 Windsor Drive, Wylie, Texas (no notice received). Mr. John Phillips stated that when you have that much concentration in a small area you start to have problems with crime and domestic violence,heavy traffic, and all other kinds of problems. Mr. Phillips would like to keep this a nice residential area. Mary Shaddox, 109 Fairmount,Wylie, Texas(no notice received). Ms. Shaddox works in Greenville and decided to move here after a good deal of research and a lot of her family has moved here. Ms. Shaddox has previously lived in apartments and they are fine, but apartments do cause a lot of traffic, lots of children running around, and constant in and out traffic. She stated that she paid as much for rent as she now does for her mortgage and even with that type of apartment, you still have the problems. Ms. Shaddox feels that no one wants to see apartments as they enter Wylie on Parker Road. She would like to see Wylie grow, but not with apartment complexes. Develop the areas already zoned for multi-family and stick with the Master Plan. Darryl Morgeson, 122 Windsor,Wylie, Texas(no notice received), feels that Wylie should stick with the Master Plan in regards to having single family dwellings there, not multi-family. Families take a lot of pride in their yards and neighborhood and children have a nice place to grow up. Apartments dwellers come and go. Develop what's already zoned for multi-family and develop single family residential in this area as planned. We need to make a better statement for Wylie and take pride in the community. Mabel Cox for Joe Cox, 125 Windsor Drive, Wylie, Texas. Speaking for her son who was unable to be here, stick with the Master Plan, schools will be overloaded and have a bad effect on the children. Garrett Cox(son of Joe Cox), 125 Windsor Drive, Wylie, Texas, is a student in the Wylie school system and feels that schools are already overcrowded and students are currently sitting on the floor for classes. The addition of the new high school will alleviate the current problem, but if apartments are added, this will continue the overcrowding of the schools, not improve it. John Phillips, 126 Windsor Drive, Wylie, Texas, made a suggestion that this request be tabled until everyone in the neighborhood can be notified. Chairman Peddicord stated that legal notification requires that a property owner must live within 200 ft. of the property in question and reside within the city limits and that is what the City has to go by. Mr. J. Phillips stated that the Commission 3 should do something about the regulations. Ms. Wood stated that a limit was needed or everyone in town would have to receive a mailing every time there was a zoning change. Mr. J. Phillips asked about publishing the legal notice in the newspaper and Mr. Mike Phillips responded that it was published in the Wylie Newspaper for two weeks prior to the meeting and that it was also posted on the agenda board outside of city hall. Chairman Peddicord stated that this is what city code called for and that is what the Commission adheres to. No one else was present to speak against the request. Chairman Peddicord closed the Public Hearing. Chairman Peddicord commented that apartments are not always public housing. is quite a difference from public housing and a nice upgraded apartment complex. Chairman Peddicord asked Mike Phillips for comment. Mike Phillips stated that the Comprehensive Plan shows the area to be residential and according to the development standards of the Comprehensive Plan, an apartment complex would fit into those standards for residential. The Comprehensive Plan is a guideline that can be changed to fit the needs. Chairman Peddicord noted that in the development standards of the Comprehensive Plan, it states"housing should be dispersed so that no more 200 units are developed in any one area". Chairman Peddicord didn't think there were any other units in that area., Mr. Phillips confirmed this. Ms. Wood addressed the public and said that the P&Z meetings are held fairly regularly and that it is nice to see them here tonight, but they should also come when it doesn't directly involve them and see what goes on. Ms. Wood also spoke to everyone who spoke against this request. Wylie was a nice, quiet country town but you cannot stop growth. Also, the Master Plan has been changed several times over the years and it will continue to change as the economy, the needs of the people, and the needs of the area changes. There is no reason to assume that every person that rents an apartment is going to have 1 -7 children. A lot of people that live in apartments are single and have no children. Lastly, if there is a property owner whose property is adjacent to a zoning change and is opposed to it,Ms.Wood will oppose it. Mr. Downs said that he didn't hear any one in the room tonight say that no growth would be appropriate for Wylie. The City of Wylie's estimate on occupancy rate for apartment buildings is 3.5 and Mr. Downs would assume that information was based on experience and not guessing. He realises that not every one has children, but with a 3.5 occupancy rate, there will be plenty of children. Ms. Wood asked if anyone had considered that in single family zoning, a planned unit development with zero lot line homes that are not much bigger than apartments could be developed. Mr.Downs asked if Ms. Wood would approve that,Ms. Wood responded that she did not say whether she would approve it or not, but that it is a possibility of what could be developed there. Mr. Downs asked if the Commission votes in private and Chairman Peddicord responded that it is not private, but the Public Hearing is closed. Chairman Peddicord asked for John Crowe's comments. Mr. Crowe responded that he had a figure of 200 acres of property zoned for Multi-Family in Wylie and asked if that was accurate. Mr. Phillips responded that it was. Mr. Crowe stated that Rockwall has a ceiling on apartments and no more apartments allowed to be built there. If the City already has 200 acres that is zoned Multi-Family, then it seems that there is enough land that is already zoned for Multi-Family. Since the Comprehensive Plan calls for single family, he feels that is what it should remain. Ms. Wood stated that there is some property across from Woodhollow that was originally zoned as Multi-family and is now zoned Single family and she doesn't believe that the zoning map reflects that change. Steve 4 Ahrens is in agreement regarding unsightliness of apartments as you enter on a main thoroughfare into Wylie. He has a problem with FM 544 and how it looks coming into town and he doesn't want that problem on Parker Road. Stuart Allison and Tim Owen had no comment. Rich Eckman agrees that two of the three major arteries into the City of Wylie are, at this time, not very appealing with the junk yards along those roads and he would hate to see a third artery look like this. A lot of time and effort went into developing the Master Plan, a lot of thought given as to where the Multi-Family areas of the City would be. Unless there is such a time that something significant warrants changing those areas,he feels that the City should stick with the Master Plan at this time. Chairman Peddicord stated that it has been expressed to him that more apartments are needed in Wylie, but is unsure why. In regards to the impact on the schools, the opening of the new Wylie High School this fall should eliminate that problem, as all of the schools in the W.I.S.D. are switching around because of the new school opening and there should be plenty of classrooms for the students. Chairman Peddicord asked if Mike Phillips had any other recommendations and Mr. Phillips responded that he had none other than what was written in Staff Recommendations, which was "the Comprehensive Plan recommends residential zoning for this area. However, if P&Z believes that this Mutli-Family zoning meets the standards for multi-family development, it may warrant varying from the Comprehensive Plans intent." Chairman Peddicord stated that the comprehensive plan is merely a guideline that can be changed at any time. Mr. Phillips stated the development standards of the Comprehensive Plan listed four items that are development standards for different land use categories. Multi-Family, in the text of the Comprehensive Plan, is listed under Residential zoning (it is a residential use). The items noted in the development standards are as follows: Locate Multi- Family residential areas along arterial and major collectors, near neighborhood commercial services and convenience activities centers. Whenever possible, Multi-Family housing residential should be adjacent to major parks, green belts, private open space and recreation areas. Multi-Family housing should be dispersed so that no more than 200 units are located in any one area, with in minimum 1,000 ft. separation between developments. Multi-Family housing should be dispersed within two or more contiguous neighborhoods, so that no more than 400 units are clustered together." These are the things that we refer to in our Staff Recommendations. Mr. Eckman commented that what this board decides is not final. The board only makes a recommendation to City Council. Mr. Eckman suggested that everyone attend the Council meeting when this request is on the agenda because the Council will have the final say on approval or denial. Chairman Peddicord noted that Staff stated that the use of Multi-Family would be preferred along the proposed major thoroughfare that Parker Road will be become according to the Thoroughfare Plan. Multi-Family offers a good buffer between a major thoroughfare and single family development and is not indicated on the Land Use Plan. A motion was made by Steve Ahrens and seconded by Stuart Allison, to deny a recommendation to the City Council a request from Richard Parker for a zone change from"A", Agriculture to "MF", Multi-Family for a 16.356 acre tract of land located at the southwest corner of Parker Road and Ballard Avenue and further described as the W.D. Penny Survey, Abstract No. 696, Tracts 33 & 33-9. All in favor(7 votes), motion passed. 5 CITIZEN PARTICIPATION No citizen participation. ADJOURNMENT ADJOURN: A motion was made to adjourn by Cecilia Wood, seconded by Steve Ahrens. Motion carried, all in favor(7 votes). Chairman Peddicord adjourned the meeting. Respectfully submitted, Bart Peddicord, Chairman Rebecca Rogers, Secretary 6 Planning & Zoning Commission #2 Action Item Re: Recommendation for Approval of Final Plat August 5, 1996 sue Discuss and Consider a recommendation to the City Council for approval of a Final Plat for the Heath Addition submitted by Robert Heath, located south of Hwy. 78 and east of Eubanks Lane. Background i `I Mr. Robert Heath owns the property that was the Windmill Trading Post at 14890 Hwy. 78 North and has obtained 4.7338 acres south of there which he is platting as the Heath Addition. At the March 26, 1996 City Council Meeting, he received a PD (Planned Development) Zoning for both properties. This Final Plat has been reviewed by City Staff and Consulting Engineer, Greg MacLean and found to conform with the City of Wylie Subdivision Regulations. Financial Considerations N/A Legal Considerations N/A Staff Recommendations Staff recommends approval of the Final Plat for construction Attachments Final Plat Application and Final Plat copy • Page 1 of 3 City of Wylie (1/95) APPLICATION AND FINAL PLAT CHECKLIST Date 74* Name of Proposed Development /741 Name of Property Owner/Developer i 4774cif /j Address C f"' ���� Phone y79-7 7 Owner of Record / (,Zdf /-74/9-7/ Address y 1,0 Phone Name of Land Planner Vie.,/ ,/, Surveyor/Engineer Address ,2 I' 7,ri, / c /3/49 y��' Phone 1c*4f--- -forms Total Acreage 9,7 ), Current Zoning "12 Number of Lots/Units 0 Signed The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100' with a graphic scale provided. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1/2" x 23-3/4" shall be subrriitted. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Final Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Page 2 of 3 • Page 2 of 3 Provided or Not Shown on Plat Applicable 1. Title or name of development, written and graphic scale, p 9 P north point, date of plat and key map. 2. Location of the development by City, County and State. 3. Location of development tied to a USGS monument, Texas / Highway monument or other approved benchmark. ✓ 4. Accurate boundary survey and property description with tract boundary lines indicated by heavy lines. 5. If no engineering is provided, show contours of 5 foot intervals. ✓ 6. Accurate plat dimensions with all engineering information necessary to reproduce plat on the ground. ✓ 7. Approved name and right-of-way width of each street, both within and adjacent to the development. 8. Locations, dimensions and purposes of any easements or other rights-of-way. ✓ .9. Identification of each lot or site and block by letter and 'number and building lines. ✓" 10. Record owners of contiguous parcel of unsubdivided land, names and lot patterns of contiguous subdivisions, approved Concept Plans, reference recorded subdivision plats or adjoining platted land by volume and page. 11. Boundary lines, dimensions and descriptions of open spaces to be dedicated for public use of the inhabitants of the development. 12. Certificate of dedication of all streets, alleys, parks and other public uses signed by the owner or owners (see wording). Page 3 of 3 13. Designation of the entity responsible for the operation and maintenance of any commonly held property and a waiver releasing the City of such responsibility, a waiver releasing the City for damages in establishment or alteration of graded (see wording). 14. Statement of developer responsibility for storm drainage improvements (see wording). ✓ 15. Instrument of dedication or adoption signed by the owner or owners (see wording). 16. Space for signatures attesting approval of the plat (see wording). ✓ 17. Seal and signature of the surveyor and/or engineer responsible for surveying the development and/or the . preparation of the plat (see wording). 18. Compliance with all special requirements developed in preliminary plat review. 19. Statements indicating building permits will be issued until all public improvements are accepted by the City (see wording). 20. Submit along with plat a calculation sheet indicating the area of each lot. `/ 21. Attach copy of any proposed deed restrictions for proposed subdivision. Taken by: File No.: Date: f2/J/ ! Fee: l 9 Receipt No.: (V4 ,i* Planning & Zoning Commission #1 Public Hearing Item Re: Recommendation for Approval of Zone Change August 5, 1996 Issue Hold Public Hearing and Consider a recommendation to the City Council a request from Doug and Guy Poole for approval of a zone change from "R", Retail to "B-2", Business-2 for their property located at 103 S. Second Street, and further described as Lots 13, 14, 15 and 16, Block 21 in the Railroad Addition. Background The current location of Pool Feed Supply is 207 Hwy. 78 North. This business will be forced to relocate when Hwy. 78 is widened. Doug and Guy Poole have purchased lots 13, 14, 15 and 16, Block 21 in the Railroad Addition (south of present business location) and intend to construct a new feed store at this location. According to the City of Wylie's Zoning Map, this property is currently zoned Retail (R). Poole Feed Store is requesting the change to B-2 zoning so that they may also have outside sales and storage of tractors and trailers. Under the present Retail zoning, these uses are not allowed. Multi-family zoning is directly east of Poole's proposed feed store property. Public Hearing Notifications were sent to all property owners within 200' of the Poole's proposed feed store property and to date no response has been received. Financial Considerations N/A Legal Considerations N/A Staff Recommendations Denial as submitted. If B-2 zoning is approved, then the property is zoned appropriately for may types of uses other than store and outside sales and storage. or some reason Poole Feed Store relocatepftrisells the property, a machine shop, kennel, auto repair or welding shop, etc., could legally open on said property. Staff recommends granting a change to B-1 zoning with a specific use permit for outside sales and other conditions such as screening, as the Planning and Zoning Commission or Council deems necessary. Attachments Zone Change Application, Public Hearing Notice, Property Owner list, Location Map, Area Zoning Map. J .Fz A 7 a. C/'r t�G IJ TH Page 1 of 2 (5/93) / CITY OF WYLIE 6-gdo-96o P.O. BOX 428 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE Case No. Filing Fee . • Date G - Z -9 (- Applicant bc04 y C'iu y -Paacx Phone No. +4l- 35 r4 J Mailing Address: Work No. 1z17--- 1844 P..o. Bc.y. 7. 1 LJ it.- E TX `)So q 8 • LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached hereto).1 ocK -z- I D3 5 • 2-74D S-r ee-f- L-Ors 13, !N , '5, I , VJyt,1E Ix 75-6 `I8 A>to r7oikt I hereby requ Z.est that the above described property be changed from its present zoning which is � District Classification to B - District Classification for the following reasons: (attach separate sheet if necessary) 1u.4urc. S►1r o-c PoOLE FEE o Su?Dcy - pu.E -►-a -a- e-t c>-: 7 `�8 Wldeuiu5 ctn� -crc ^^1 b�uthesr ctc— locate. There (are)Tare notIdeed restrictions pertaining to the intended use of the property. 2 . Status of Applicant Owner Tenant Prospective Purchaser I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. Signed dGG vvl Page 2 of 2 Note: 1 The legal description is used to publish notice of the required hearing and in the preparation of the final ordinance granting the zoning change. The description must be sufficient so as to allow a qualified surveyor to take the description and locate and mark off the tract on the ground. Each applicant should protect himself by having a surveyor or his attorney approve his legal description. Failure to do so by the applicant may result in delay in passage of the final ordinance or the ordinance being declared invalid at some later date because of an insufficient legal description. 2 If the applicant is someone other than the owner, written acknowledgement by the owner of the zoning request must also be submitted. • -4- -7 11■ 111ar.ri./1 17" 1/ ar.11111 11t J/ ri611 ■ 1fi ua'ifal /111111 H a'/11>la1116 1t ifa�alma 17-1. PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday August 5, 1996 at 6:30 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, August13, 1996at:7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from "R", Retail to "B-2", Business-2 for Doug & Guy Poole for -their _ property located at 103 S, Second Street and further described as`follows: Block 21, Lots 13, 14, 15, and 16, in the Railroad Addition As an interested properly owner, you are encouraged to attend this meeting ornotify the Commission of your feelings regarding this matter in writing by returning the form below. RE: ,.PZ/CC-.Poole: Return this form to Lisa Price,Technical Coordinator : - 2000 Hwy. 78 N Wylie, Texas ,75098 :: - ❑ I am in favor of the request for the reasons listed below Q I am opposed to the request for the reasons listed below 3. Signature Printed Name Address 2000 Highway 78 North•Wylie.Texas 75098•(2141442-8100•Fax(214)442-4302 rri NOTIFICATION REPORT APPLICANT: `�M 4 l r Rote. lam-APPLICATION FILE# lOte _I U ►✓"2 v Name &Address g12.Oddn 131K 4 -I lots (3--1c ATTORNEY,AGENT: Name &Address BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME 3c�` ADDRESS .20 i �2ai Iro Addn , M urdn�21 5�- e f Vailasr j�cX S22cLo 1-Sao ,% a. ,t , I 1! 3 Je)(in 1UebSt-e r Po iu -r- ,. L1 i• is u I% 5 i► II ►► 21 1 ►t care 1nvesf-me1f Co pa[[asKTXu' l- 2 1f Chi on Sy j , 1a). S. Third It. 7 1 Murp h dJ , < S ►, N L .. Ci- � P(&Lkn -re,"7`7o�C�/ . I, ilryi N -bv I 301 Masi-er5 Ry/e UfT `% rJ ,► II U ►` I5I _ 1 W . &: �Jea(� Jar. (;,-) Mzs- Xe) Ave it (p I, II .., It ' /A- ►I II II k IS Mc L . 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AGENDA BEAUTYVILLE PLANNING AND ZONING COMMISSION Thursday, June 4, 1998 7 :30 p.m. • CITY COUNCIL CHAMBERS, 1111 Municipal Street BRIEFING SESSION: 7:00 P.M. : The briefing is held in the city council briefing room behind the city council chambers. No public testimony will be allowed at the briefing. 1. CALL TO ORDER: 7:30 P.M. 2. MINUTES: Approval of the minutes of the May 21, 1998 meeting of the Planning and Zoning Commission. 3 . CONSENT AGENDA: Items on the consent agenda are technical development issues, and do not require individual motions by the commission. Any member of the commission or audience has the prerogative of removing an item from, the consent agenda for separate consideration. (a) 06-98FP2 Rocky Hills Addition Applicant: Bud Weiser Represented by: Self Location: 5.025 acre tract located at Cactus Drive and Tumbleweed Trail Present zoning: (LC) Light Commercial REQUEST: Approval of a final plat Staff Member: Sandy Rhodes (b) 06-98PP5 Spur Lake Estates Applicant: May Mangle Represented by: Sam Scheutz Location: 20.673 acre tract located at Boot Hill Lane and Aberdeen Road Present zoning: (SF1) Single Family Residential REQUEST: Approval of a preliminary plat Staff Member: Sandy Rhodes 4. PUBLIC HEARINGS (a) 06-98Z3 Hospital Project Applicant: Dew Goode Hospitals, Inc. Represented by: Doc Holiday Location: 10.89 acre tract located at Park Lane and Medical Street Present zoning: (MF3) Multi-Family Residential REQUEST: Approval of a change in zoning to (LC) Light Commercial Staff Member: Grave Stone (b) 06-98Z5 Meadowpark Hollows Applicant: Speedy Builders, Inc. Represented by: P. D. Quik Location: 40 acre tract located at F.M. 1444 and S.H. 922 Present zoning: (AG) Agricultural REQUEST: Approval of a change in zoning to (SFE) Single Family Estates Staff Member: Mark Thyme 5. CITIZENS COMMENTS: Matters that are not listed on the agenda may be addressed at this time. No official action can be taken on any item discussed during this portion of the meeting. 6. ADJOURNMENT u . MEETING FORMAT OUTLINE GOOD EVENING LADIES AND GENTLEMEN MY NAME IS . I AM THE CHAIRMAN OF THE PLANNING & ZONING COMMISSION OF THE CITY OF . I HEREBY CALL THIS MEETING OF THE CITY OF PLANNING & ZONING COMMISSION INTO SESSION. MADAM SECRETARY, IS A QUORUM PRESENT? (SECRETARY) : YES, MR. CHAIRMAN. THANK YOU MADAM SECRETARY. A QUORUM IS PRESENT AND, THEREFORE, THIS COMMISSION MAY PROCEED WITH IT'S REGULARLY SCHEDULED AGENDA. PRIOR TO BEGINNING OUR HEARINGS I WOULD LIKE TO REVIEW OUR MEETING FORMAT FOR THE BENEFIT OF THOSE IN THE AUDIENCE. EACH CASE WILL BE CALLED IN IT'S SCHEDULED ORDER AS LISTED ON THE AGENDA. AT THE TIME A CASE IS CALLED A REPRESENTATIVE OF THE ZONING ADMINISTRATOR'S OFFICE WILL MAKE A STAFF PRESENTATION TO THE COMMISSION. THE PURPOSE OF THIS PRESENTATION IS TO IDENTIFY THE GEOGRAPHIC LOCATION OF THE TRACT UNDER CONSIDERATION, TO EXPLAIN THE NATURE OF THE REQUEST, TO PROVIDE BACKGROUND INFORMATION ON THE CONFORMANCE OF THE REQUEST WITH THE CITY'S COMPREHENSIVE PLAN AND VARIOUS DEVELOPMENT ORDINANCES, AND TO EXPLAIN NOTICE PROCEDURES AND RESPONSES IN RELATION TO THIS REQUEST. AT THE CONCLUSION OF THIS PRESENTATION THE APPLICANT WILL BE GIVEN AN OPPORTUNITY TO MAKE A PRESENTATION TO THE COMMISSION EITHER BY PERSONAL APPEARANCE OR BY REPRESENTATIVE. AT THE CONCLUSION OF THE APPLICANT'S PRESENTATION THOSE INDIVIDUALS IN THE AUDIENCE DESIRING TO SPEAK IN SUPPORT OF THE PROPOSED REQUEST WILL BE GIVEN AN OPPORTUNITY TO MAKE COMMENTS TO THE COMMISSION. AT THE CONCLUSION OF COMMENTS BY THOSE SUPPORTING THE REQUEST, THOSE IN THE AUDIENCE WISHING TO SPEAK AGAINST THE PROPOSED REQUEST WILL BE GIVEN AN OPPORTUNITY TO ADDRESS THE COMMISSION. THE COMMISSION ASKS THAT ALL INDIVIDUALS PRESENTING INFORMATION, TO PLEASE DIRECT THEIR COMMENTS TO FACTUAL INFORMATION AND NOT TO SPECULATION OR PERSONALITIES. AT THE CONCLUSION OF THE PRESENTATIONS MADE BY THOSE OPPOSING THE REQUEST, THE APPLICANT WILL BE GIVEN AN OPPORTUNITY FOR A BRIEF REBUTTAL AS THE APPLICANT HAS THE BURDEN OF PROVING THE NECESSITY AND THE JUSTIFICATION FOR THE REQUEST. THE COMMISSION WILL THEN CLOSE IT'S PUBLIC HEARING AND COMMENCE DISCUSSION AND CONSIDERATION OF THE ITEM. PLEASE REMEMBER THAT THE COMMISSION IS A PART OF YOUR CITY GOVERNMENT. A FORMAL RECORD IS MADE OF EACH HEARING AND EACH CASE. THE COMMISSION IS PERMITTED TO ACT ONLY UPON FACTUAL INFORMATION OR EVIDENCE THAT IS PRESENTED BY THE STAFF AND BY PARTIES MAKING PRESENTATIONS AT THE PUBLIC HEARING. EXPRESSIONS OF OPINION ARE .LESS HELPFUL THAN A CLEAR CONCISE STATEMENT OF SPECIFIC BENEFITS, OR SPECIFIC NEGATIVE IMPACTS OF A PROPOSAL. THE OUTCOME MUST NOT BE A POPULARITY CONTEST. WE ARE LESS INFLUENCED BY NUMBERS THAN BY THE SPECIFIC FACTS THAT YOU BRING US. I WILL NOW BEGIN WITH ITEMS ON THE AGENDA. ITEM 1 ON IS APPROVAL OF THE MINUTES OF OUR MEETING. EACH MEMBER OF THE COMMISSION HAS PREVIOUSLY BEEN PROVIDED WITH A COPY OF THOSE MINUTES. ARE THERE ANY CORRECTIONS, ADDITIONS, OR DELETIONS TO THESE MINUTES? (COMMENTS) HEARING NONE, I WILL ENTERTAIN A MOTION TO APPROVE THE MINUTES. (RECEIVE MOTION AND SECOND) I HAVE A MOTION AND I HAVE A SECOND. THERE BEING NO FURTHER DISCUSSION ON THIS ITEM, ALL THOSE IN FAVOR OF THE MINUTES AS PRESENTED (AS CORRECTED) , PLEASE INDICATE BY SAYING AYE IN RESPONSE TO THE CALL OF THE SECRETARY. (THE SECRETARY OF THE BOARD WILL CALL EACH MEMBERS NAME AND AT THE CALL OF THE MEMBERS NAME A VOTE OF AYE OR NAY WILL BE ENTERED) . 11 -1- • THE MINUTES BEING APPROVED THE COMMISSION WILL NOW MOVE TO THE FIRST CASE SET FOR HEARING: I CALL CASE NUMBER . THE ZONING ADMINISTRATOR MAY PROCEED WITH THE STAFF PRESENTATION. (STAFF PRESENTATION, COMMISSIONERS MAY ASK QUESTIONS) THE STAFF PRESENTATION HAVING BEEN COMPLETED I NOW CALL UPON THE APPLICANT OR THE APPLICANT'S REPRESENTATIVE TO MAKE SUCH COMMENTS AND PRESENT SUCH EVIDENCE AS THE APPLICANT DESIRES. (PRESENTATION, COMMISSIONERS MAY ASK QUESTIONS) THE APPLICANT HAVING COMPLETED IT'S PRESENTATION I NOW ASK IF THERE ARE THOSE PRESENT IN THE AUDIENCE WHO WISH TO SPEAK IN SUPPORT OF THIS REQUEST? PLEASE COME FORWARD TO THE PODIUM WHERE YOUR COMMENTS MAY BE RECORDED. STATE YOUR NAME AND ADDRESS BEFORE BEGINNING. (COMMENTS FROM AUDIENCE) HAVING NOW HEARD THE COMMENTS AND PRESENTATIONS OF THOSE IN SUPPORT OF THE REQUEST, I ASK IF THERE ARE THOSE PRESENT IN THE AUDIENCE WHO WISH TO SPEAK AGAINST THE PROPOSAL? WOULD YOU ALSO PLEASE COME TO THE PODIUM SO THAT YOUR COMMENTS MAY BE RECORDED AND STATE YOUR NAME AND ADDRESS BEFORE BEGINNING. (COMMENTS FROM AUDIENCE) COMMENTS NOW HAVING BEEN RECEIVED FROM ALL THOSE DESIRING TO SPEAK IN OPPOSITION TO THE PROPOSAL, I CALL UPON THE APPLICANT OR THE APPLICANT'S REPRESENTATIVE FOR A BRIEF REBUTTAL. (REBUTTAL) THE APPLICANT HAVING CONCLUDED THE REBUTTAL, I NOW CLOSE THE PUBLIC HEARING UPON THIS PARTICULAR AGENDA ITEM. THE PUBLIC HEARING HAVING BEEN CONCLUDED, THE COMMISSION MAY PROCEED TO DISCUSS THIS ITEM. (DISCUSSION) DO I HAVE A MOTION IN ON THIS ITEM? (MOTION) HAVING RECEIVED A MOTION AND A SECOND IS THERE FURTHER DISCUSSION ON THIS ITEM? (FURTHER DISCUSSION) THERE BEING NO FURTHER DISCUSSION ON THIS ITEM I ASK THE SECRETARY TO CALL THE ROLL FOR THE VOTE. ACTION ON ITEM HAVING BEEN CONCLUDED THE COMMISSION WILL NOW TURN TO ITEM NUMBER ZONING ACTION NUMBER . (CONTINUE WITH EARLIER FORMAT) . (AT THE CONCLUSION OF ALL ITEMS ON THE COMMISSION'S AGENDA) . THIS CONCLUDES ACTION ON THE FINAL MATTER SET FOR HEARING THIS EVENING. THERE BEING NO FURTHER ITEMS SET FOR PRESENTATION TO THE COMMISSION THIS HEARING IS NOW ADJOURNED SUBJECT TO RECALL BY THE CHAIR UNTIL THE DATE OF OUR NEXT REGULARLY SCHEDULED MEETING. It -2- Commission Minutes Worksheet Item: 4 (b) 06-98Z5 Meadowpark Hollows Applicant: Speedy Builders, Inc . Represented by: P. D. Quik Location: 40 acre tract located at F.M. 1444 and S .H. 922 Present zoning: (AG) Agricultural REQUEST: Approval of a change in zoning to (SFE) Single Family Estates Staff Recommendation: Denial Appearances : Applicant: In support : In opposition: Motion: Motion made by: Seconded by: Vote: Ayes Noes Abstentions 1 Green 2 Everett 3 Hanger 4 Huff 5 Solarski 6 Taip 7 Washington Second Motion: Motion made by: Seconded by: MINUTES BEAUTYVILLE PLANNING AND ZONING COMMISSION Held on Thursday, June 4, 1998 The Beautyville Planning and Zoning Commission held a regular meeting on June 4, 1998, in the City Council Chamber of City Hall. Members of the Commission: Present: Chris Green, chairman Sandra Everett Patricia Huff Joe Solarski Max L. Taip Theodore Washington Absent: Cliff Hanger Members of the staff present: Mark Thyme, Zoning Administrator Sandy Rhodes, Zoning Assistant Grave Stone, Zoning Assistant 1. CALL TO ORDER: Chairman Green called the meeting to order at 7 :35 p.m. 2. CONSIDERATION OF MINUTES: Regular meeting of the Planning and Zoning Commission, May 21, 1998 Motion: To approve the minutes of the May 21, 1998 Planning Zoning Commission regular meeting as presented. Motion made by: Mr. Taip Seconded by: Ms. Huff Vote on the motion: Ayes: Green, Everett, Huff, Taip, Washington Noes: None Abstain: Solarski Motion carries: 5-0-1 3 . CONSENT AGENDA: No items were removed from the consent agenda. The following items were considered: . (a) 06-98FP2 Rocky Hills Addition Applicant: Bud Weiser Represented by:. Self Location: 5.025 acre tract located at Cactus Drive and Tumbleweed Trail' Present zoning: (LC) Light Commercial REQUEST: Approval of a final plat Staff Recommendation: Approval (b) 06-98PP5 Spur Lake Estates Applicant: May Mangle Represented byr. Sam Scheutz Location: 20.673 acre tract located at Boot Hill Lane and Aberdeen Road Present zoning: (SF1) Single Family Residential REQUEST: Approval of a preliminary plat Staff Recommendation: Approval Motion: To approve the items on the consent agenda as recommended by staff. Motion made by: Mr. Washington Seconded by: Mr. Solarski Vote on the motion: Ayes: Green, Everett, Huff, Solarski, Taip, Washington Noes: None Abstain: None Motion carries: 6-0 -1- 4. PUBLIC HEARINGS (a) 06-98Z3 Hospital Project Applicant: Dew Goode Hospitals, Inc. Represented by: Doc Holiday Location: 10.89 acre tract located at Park Lane and Medical Street Present zoning: (MF3) Multi-Family Residential REQUEST: Approval of a change in zoning to (LC) Light Commercial Staff Recommendation: Approval with conditions to protect adjacent residential areas Appearances: For applicant: Doc Holiday In support: None In opposition: Dorothy Greenspan, Park Lane Homeowners Asso. Milton Birdsong Motion: To approve the change in zoning with conditions as recommended by staff. Motion made by: Ms. Everett Seconded by: Mr. Taip Vote on the motion: Ayes: Green, Everett, Taip, Washington Noes: Huff, Solarski Abstain: None Motion carries: 4-2 (b) 06-98Z5 Meadowpark Hollows Applicant: Speedy Builders, Inc. Represented by: P. D. Quik Location: 40 acre tract located at F.M. 1444 and S.H. 922 Present zoning: (AG) Agricultural REQUEST: Approval of a change in zoning to (SFE) Single Family Estates Staff Recommendation: Denial Appearances: For applicant: P. D. Quik In support: None In opposition: Pearl Mayfield Eileen Jade Otis Witherspoon Natalie Hall Motion: To approve the change in zoning as requested Motion made by: Mr. Taip Seconded by: Mr. •['7ashington Vote on the motion: Ayes: Everett, Taip, Washington Noes: Green, Huff, Solarski Abstain: None Motion fails: 3-3 Motion: To deny the requested zoning without prejudice Motion made by: Ms. Everett Seconded bys Mr. Taip Vote on the motion: Ayes: Green, Everett, Taip, Washington Noes: Huff, Solarski Abstain: None Motion carries: 4-2 5. CITIZENS COMMENTS: There were no citizen comments. 6. ADJOURNMENT The meeting was adjourned at 10:00 p.m. -2- 103 S . L'‘±-'l 5••1-, . 1r-0T5 13, 14, 15. If, . O A K STREET ., ( 701 R.O.W. ) Block z I go,,,.. ,ofkb 4 DDi-riots \o. LTY o 1 rr WILIE CUUATY 0? (DLL.'��.� j 86.51'5 P � / J • / \ N CO 1- 1 IN 10 FOUND 1/2•• FHIIND 11WY1 CUNC MONUMENT G•WOOD FENCE -- IRON R00 25 .. r — ✓/ - ., .I FOOD-FE 1(F I L _ 0 I4 STEEL CABLE W 1 (' ' ,GRAVEL PARKIN( PROTRxUSION-). FENCE -2 ,r1 > I 1 S1EEL CABLE I_ I . ' NI . 0 CC M FENCE LOT 16 .I L t.. 1 a 61 1 : SIGN I STEEL CABS E. FENCE �• �' 1 POST -.'I .-�' -�" ' 1 I _, b W•• a - - I ._ _ ..__ -- Z. r cr P rp a 1\ ` 1 OVERHEAD ELECTRIC SERVICE - r 1r wjK ONE STORY WOOD FRAME CC, LOT 15 M v)' BLOC O C K 2 2' 21 o w I . o .r Z .- . n- a — , , N 0 — � `6 WOOD FENCE [ ` ' ?, -� Ll_ / � � 12.2• 0 o / N Z � I ; M L0T 14 3D1 , \ ovIH (, w I. ONE STORY` CONCRETE I3LIICK - cn Ill" T ' 6 7• 27 9 __1 11� LOT • 13 1 I "' sit 1. :::: _ FEND �___.----.-_OVERHEAD ELECTRIC_ SERVICE _ I25' .. ..: ...._. SET I/2• SF 1 "IRON RODIRON ROD 20' ALLEY ( UNIMPROVED ) j -- --- - // r NOTE:TO THE BEST OF MY KNOWLEDGE THE EASEMENT RECORDED IN THE FOLLOWING INSTRUMENT DOE NOT AFFECT THIS SUBJECT TRACT OF LAND:VOLUME 2040,PAGE 926 •