02-05-1996 (Planning & Zoning) Agenda Packet AGENDA
PLANNING AND ZONING COMMISSION
WYLIE MUNICIPAL COMPLEX
February 5, 1996
6:30 pm
CALL TO ORDER
ACTION ITEM
1. Consider approval of the Minutes from the January 15, 1996 Regular
Business Meeting.
2. Consider a request for a variance from Mr. & Mrs. James Edge from the
City of Wylie's Subdivision Regulations requiring construction of a sidewalk
for property located at 913 Stone Road, and further described as Lot 3,
Block A of the Mill Creek Estates Subdivision.
CITIZEN PARTICIPATION
ADJOURNMENT
Posted Friday, February 2, 1996 at 5:00 p.m.
'THE WYUE 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 January 15, 1996 Regular
Business Meeting
February 5, 1996
Consider approval of the Minutes of the January 15, 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 January 15, 1996, at
6:35 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, Rich Eckman, Cecilia Wood
John Crowe, Stuart Allison and Tim Owen.
ABSENT: Steve Ahrens -unexcused
STAFF MEMBERS PRESENT: Director of Community Development - Mike Phillips and
Secretary-Rebecca Rogers.
ACTION ITEMS
ITEM NO. 1: Consider approval of the Minutes from November 20, 1995 Regular Business
Meeting. A motion was made by Rich Eckman and seconded by Cecilia Wood to approve the
minutes as submitted. Motion carried, all in favor(6 votes).
ITEM NO. 2: Consider a request for interpretation as to the zoning classification into which "Batch
Plant (Permanent)" should be placed.
Mike Phillips,Director of Community Development, stated that a determination is needed as to what
zoning classification to place the category of"Batch Plant (Permanent)". Stuart Allison asked when
the site at 1502 Kirby(FM 544)was vacated,Mr. Phillips responded that he had heard it was in 1989.
Cecilia Wood asked Mr. Phillips if he had contacted Air Quality Control or the EPA in regards to
requirements or any citations that Bodin Concrete may have received. Mr. Phillips responded that
he had contacted TNRCC and had in fact received some mail regarding two exemptions that batch
plants can receive. George Marra at TNRCC in Fort Worth indicated that TNRCC did not have any
problems with Bodin Concrete Co., Inc. Rich Eckman asked what falls under Batch Plant -
Temporary which Mr. Phillips responded Temporary consisted of subdivision development, etc.
Stuart Allison asked when the batch plant was first built and when was it annexed into the city, Mr.
Phillips replied that area was annexed into the city 1959 and judging by the age of the buildings and
the offices,looked to be built in the 1980's. This building has always been used as a Batch Plant. Mr.
Eckman asked if staff had checked with surrounding cities to see in what zoning classification they
have batch plants in. Mr. Phillips replied that most of the other cities, if they have the use listed, have
it in their Industrial zoning, two cities treat it as a Planned Development and Ms. Wood stated that
Garland has their Batch Plant(Hooper Concrete)in an Industrial-2 zoning. Industrial -2 is Garland's
heavy industrial. John Crowe voiced concerns that this might blow up into a obnoxious nuisance like
Griffin Industries. Mr. Phillips replied that TNRCC indicated that there should not be a problem
with dust due to the regulations and exemptions. Bodin Concrete is required to have their dust
1
abatement equipment in place before they can receive their license to operate. Only gravel and sand
are to be stored externally. Ms. Wood asked what the zoning was for the adjoining property and Mr.
Phillips replied that the Post Office is B-2, the other side of FM 544 is Industrial and directly behind
the batch plant is zoned 1000 ft. of SF-A and Planned Development with no specific use attached
to it. Chairman Peddicord requested staffs opinion and Mr. Phillips recommended SUP in Industrial
zoning. The SUP affords the P&Z Commission to review it in 18 months to see if it has caused any
problems and then grant the use on a permanent basis. Chairman Peddicord asked if there was a
reason why we would consider a SUP instead of permanent due to the number of years they have
been in business in Rowlett without any problems. Mr. Phillips replied that SUP would allow for
review 18 months and that if the company was up to par then it could be renewed. Mr. Eckman
stated that a business may not want to invest that much money into a temporary SUP. Chairman
Peddicord added that if it were a business that had problems and complaints that it might be a
different situation,but felt it would be unrealistic to have a company move here at great expense and
then possibly be told they can no longer operate their business in 18 months. Chairman Peddicord
asked if there would be any reason that we couldn't grant them a permanent situation in stead of
temporary. Mr. Phillips stated that this would not be a problem at all, but if it was a reputable
company then there shouldn't be a problem with a review in 18 months and it would further
strengthen their position in the community. Ms. Wood stated that if Bodin Concrete knew small town
politics that they might not be comfortable with that type of situation. Mr. Eckman also stated that
Bodin Concrete is governed by federal agencies and that he would recommend that it be placed into
Industrial. Chairman Peddicord asked if the Commission was here to make a recommendation to let
Bodin Concrete go in there. Mr. Phillips stated that it was to determine what zoning classification
"Batch Plant-Permanent" should be placed and make recommendation to City Council. There was
concern among several members in regards to granting a SUP to a company that has been in business
as long as Bodin Concrete had with their good track record, that they might not want to move here
only to have to close up shop in 18 months. The property in question is currently zoned Industrial.
John Crowe felt that there should be some stipulations in Industrial due to a possible public outcry.
Mr. Eckman stated that temporary is specifically for the development of a subdivision and the
permanent would be in Industrial. Stuart Allison asked if Bodin was relocating the entire company.
Mr. Richard Kelly of 4548 Chaha, Garland Texas, Vice President of Bodin Concrete stated that the
Bodin Concrete's corporate office would be relocating to Wylie and still maintain the other two plants
in Rockwall and Rowlett. Mr. Allison asked if the site on FM 544 was previously a temporary or
permanent batch plant. Mr. Kelly replied that the site in question was originally a permanent batch
plant operated by Eagle Ready Mix and prior to Eagle, operated by Century Ready Mix. Mr. Allison
voiced concern with that type of business in the same area as a subdivision. The City already has a
problem with several industries in the area and the TNRCC has shown a lack of interest with these
problems. Mr. Kelly stated that they have plants in Rockwall and Rowlett and that they have no
problems with dust, etc, no complaints from either of the cities. The TNRCC has just renewed their
15 year license and keeps close tabs on them. Mr. Allison questioned the type of fencing
requirements in Rowlett and Rockwall and Mr. Kelly replied that they have none but that Bodin
Concrete does have a six foot chain link fence in place. Mr. Crowe stated that he would recommend
that it be permitted on a temporary basis- 18 month SUP,to see if there is a dust problem. Mr. Kelly
stated that this type of investment involved in a move of this type would make him hesitant about
2
moving into Wylie on a temporary basis. Bodin runs a clean operation, can be checked with
TNRCC. Ms. Wood stated that she felt that this would be good for the City of Wylie,we need to be
business friendly. Mr. Allison questioned whether any other site had been considered and Mr. Kelly
responded that they had not,that the previous batch plant site was the only area they had considered.
Ms. Wood questioned that if everything passes through City Council would Bodin Concrete definitely
move their corporate office into Wylie. Mr. Kelly responded that they definitely would move into
Wylie. A motion was made by Rich Eckman, seconded by Cecilia Wood, to recommend to City
Council to place "Batch Plant -Permanent" classification into regular Industrial zoning. 4 in favor,
2 opposed (John Crowe, Stuart Allison). Motion passed. Will go before City Council on January
23, 1996.
PUBLIC HEARING
ITEM NO. 1: Hold Public Hearing and consider approval of a zone change from SF-3 to
B-2, initiated by the City of Wylie for Conley Equipment Company, located at 300 E. Marble and
further described as Lot 1, Block 36, out of the Railroad Addition.
Rich Eckman asked if this issue hadn't been addressed several years ago and Mr. Phillips replied that
it had but the reason that this has come up now is because Conley Equipment Company submitted
plans for an addition to their existing building. During Plan Review, it was discovered that the zoning
was SF-3 and thus the zone change request was initiated. Apparently no one noticed this zoning
when this building was built in 1993. Rich Eckman mentioned that the Brake& Muffler shop had
come before the board and told them that in changing their zoning would make them equal to the
other businesses in the surrounding area. Cecilia Wood stated that she thought these businesses had
obtained SUP's. Chairman Peddicord that these SUP's had fallen through the cracks and did not get
reviewed. Mr. Phillips felt that it was probably never questioned because the business seems
appropriate for the area, considering the surrounding businesses. John Crowe asked the reason for
B-2 instead of B-1 and Mr. Phillips replied that it was due to the outside sales. Chairman Peddicord
closed the Public Hearing, no one in attendance. A motion was made by John Crowe, seconded by
Rich Eckman to recommend to City Council to change the zoning from SF-3 to B-2 at 300 E.
Marble, further described as Lot 1, Block 36 out of Railroad Addition. All in favor (6), motion
carried.
DISCUSSION ITEM
ITEM NO. 1: Review Ordinance#92-7 that was enacted in June of 1992 which established
procedures and requirements for Site Plan review by the Planning and Zoning Commission.
Mr. Phillips feels that staff(along with Hogan Corporation) can do a thorough job in reviewing site
plans, but does not intend to change the ordinance. Mr. Phillips questioned the Exxon station site
plan and the extra requirement of land and this did go before the Commission. Mr. Phillips did not
3
really understand why this ordinance has not been in use, except maybe through the interpretation
of Section 29.A2 which covers applicability. Rich Eckman stated that he felt there was safety having
P&Z review the site plans, it gives us another set of eyes. It also allows the Commission members
to be aware of what's happening in the city and not seem like they don't know what's going on when
questioned. Makes good business sense. General consensus was that the P & Z Commission will
review all site plans as set forth in Ordinance# 92-7. Mr. Phillips stated that a Development Manual
was in the making to be handed out that could include this requirement.
CITIZEN PARTICIPATION
No citizens present.
ADJOURNMENT
ADJOURN: A motion was made to adjourn by John Crowe, seconded by Tim Owen. Motion
carried, all in favor(6 votes). Chairman Peddicord adjourned the meeting.
Respectfully submitted,
Bart Peddicord, Chairman Rebecca Rogers, Secretary
4
Planning & Zoning Commission
#2 Action Item Re: Request for a variance from the Subdivision Regulations for
elimination of a sidewalk
February 5, 1996
Chapter 5.05 of the Wylie Subdivision Regulations requires the construction of a sidewalk
"for all lots adjoining dedicated streets, along major thoroughfares where lots do not adjoin
the street, along power line easements and in other areas where pedestrian walkways are
necessary".
Mr. and Mrs. James Edge are currently in the process of constructing a home at 913 Stone
Road in the newly developed Mill Creek Estates Addition. They are requesting a
temporary exclusion from the Subdivision Regulations requiring a city sidewalk for this
property. Lots surrounding their property are not yet developed and they feel,
aesthetically, a sidewalk in front of a house in an undeveloped area is unappealing. The
Edges agree to construct the sidewalk in unison with the construction of sidewalks of either
one of their neighbors.
According to Chapters 1.04 and 1.08 of the Wylie Subdivision Regulations, the Planning
and Zoning Commission is vested with the authority to grant variances from these
regulations and may approve variances to these regulations.
Chuck & Donna Edge
401 Fleming , 01502 -
Wylie, Texas 7509B
(214) 442-5146
January 4 , 1996
Planning & Zoning Board
City of Wylie
2000 North Highway 78
Wylie, Texas 75098
We would like the Planning & Zoning Board to consider granting a
temporary exclusion to the sub-division ordinance requiring a
city sidewalk for the property at 913 Stone Road.
This development consists of two plus acre tracts that are
undeveloped. The position of the houses, determined by city
ordinances , lot restrictions and owner preference' are not yet
decided and the layout of a connecting sidewalk is not
definitive. Also , the intention of the developer ' Richard Nance ,
Was to establish a spacious, country-like setting for homeowners
milling to build larger and ultimately more expensive homes.
Our reasoning for requesting a temporary exclusion is multi-
faceted. For our own perceptions of aesthetics, a sidewalk in
front of a home in an undeveloped area is unappealing. We
anticipate that others possess this same viewpoint and further
development could be prolonged. Lastly, the plans for thc
improvement of Stone Road have not been completed. Easements ,
sidewalks , etc . may require reconstruction. We feel that it
would not be economical for the City of Wylie to replace a
sidewalk that is , at this time, useless to the surrounding public
because of this future construction.
If we are grantud a temporary exclusion to the sidewalk sub-
division ordinance, we agree to construct a sidewalk , in accord*
with city specifications, in unison with the construction of a
sidewalk of either one of our neighbors.
We appreciate your consideration of this temporary exclusion and
look forward to your prudent and equitable decision .
Tly,
�7
JaMs R. "Chuck" Edge
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minimum distance of 350 feet from the point of intersection. From that point the
pavemen ,idth may be decreased to four lane with provision of an appropriate
transition in paving width. If property abutting only one side of the proposed
thoroughfare is to be developed, then three full lanes will be constructed, including
left turn lane and transition. This provision will not require widening an existing
intersection that already provides four through lanes.
F. Access from Residential Subdivisions or Additions. Residential lots must have a
minimum frontage of 24 feet on a dedicated street, except where varied through approval
of a Planned Residential Development. Where subdivisions or additions are platted so
that the front yards of single-family residential lots are adjacent to a dedicated roadway,
the owner shall provide at his sole expense one of the following types of treatment:
(1) For thoroughfares designated Type A, B+, C, or D (in the Comprehensive Plan),
no residential lot shall have direct access to the thoroughfare unless a service road
is provided adjacent to the thoroughfare.
(2) For thoroughfares designated Type E, lots may have direct driveway access to the
street provided that the following development standards are complied with:
(a) A minimum lot width of 100 feet.
(b) A minimum front yard setback of 50 feet.
(c) A circular driveway shall be provided with a minimum of six off-street paved
parking spaces.
(3) For streets designated Type F or G,lots may have direct access to the street if other
requirements of the Thoroughfare Plan are met.
5.05 Sidewalks and Bikeways
A. Sidewalks. Sidewalks shall be constructed in accordance with the Thoroughfare Plan of
the City of Wylie for all lots adjoining dedicated streets,along major thoroughfares where
lots do not adjoin the street, along power line easements and in other areas where
pedestrian walkways are necessary. Sidewalk construction may be delayed until
development of lots, but in locations not adjacent to lots and across bridges and culverts,
the sidewalk shall be constructed with the other improvements to the subdivision or
addition. Sidewalks adjacent to screening walls shall generally be placed against the
screening walls to the subdivision or addition. Routing to clear poles, trees or other
obstacles shall be subject to approval by the City Engineer.
-44-
B. To guide the future growth and development of the City in accordance with the
Comprehensh 'Ian.
C. To ensure safety from fire, flood, and other dangers, and to prevent overcrowding of the
land and undue congestion of population.
D. To guide public and private development in order to provide adequate and efficient
transportation, water, sewerage, drainage, and other public requirements and facilities.
E. To provide for the circulation of traffic and pedestrians required for the beneficial use of
land and buildings and to avoid congestion throughout the City.
F. To establish reasonable standards of design and procedures-for platting and replatting to
further the orderly layout and use of land, and to ensure proper legal descriptions and
monumenting of platted land.
G. To ensure that adequate public facilities and services are available and will have sufficient
capacity to serve the proposed subdivision or addition and that the community will be
required to bear no more than its fair share of the cost of providing the facilities and
services.
H. To prevent the pollution of streams and ponds; to ensure the adequacy of drainage
facilities; to safeguard the water table, and to encourage the wise use and management of
natural resources, and enhance the stability and beauty of the community and the value
of and land.
I. To provide for open spaces through the most efficient design and layout of the land.
J. To remedy the problems associated with inappropriately platted lands, including
premature subdivision, incomplete subdivision and scattered subdivision.
1.04 Authority
A. In addition to its other responsibilities, the Planning&Zoning Commission of the City of
Wylie (hereinafter "Commission") is vested with the authority to review, approve,
conditionally approve and disapprove applications for the platting or subdivision of land,
including land studies, conveyance plats, preliminary plats, final plats, amended plats,
replats,and vacation of plats. The Commission may grant variances from these regulations
pursuant to the provision of Section 1.10. Acceptance for all major subdivisions shall be
subject to final approval by the City Council.
-2-
1.08 Variance
A. General. W. .e the Commission finds that unrea iable hardships or difficulties may
result from strict compliance with these regulations and/or the purpose of these
regulations may be served to a greater extent by an alternative proposal, it may approve
variances to these subdivision regulations so that substantial justice may be done and the
public interest secured; provided that the variance shall not have the effect of nullifying
the intent and purpose of these regulations; and further provided the Commission shall
not approve variances unless it shall make findings based upon the evidence presented to
it in each specific case that:
(I) The granting of the variance will not be detrimental to the public safety, health, or
welfare or injurious to other property, and;
•
(2) The conditions upon which the request for a variance is based are unique to the
property for which the variance is sought and are not applicable generally to other
property, and;
(3) Because of the particular physical surroundings,shape or topographical conditions of
the specific property involved, a particular hardship to the owner would result, as
distinguished from a mere inconvenience, if the strict letter of these regulations is
carried out, and;
(4) The variance will not in any manner vary the provisions of the Zoning Ordinance or
Comprehensive Plan, except that those documents may be amended in the manner
prescribed by law.
B. Criteria for Variances From Development Exactions. Where the Commission finds that
the imposition of any development exaction pursuant to these regulations exceeds
reasonable benefit to the property owner or is so excessive as to constitute confiscation of
the tract to be platted, it may approve variances to such requirements, so as to prevent
such excess.
C. Conditions. In approving variances, the Commission may require such conditions as will,
in its judgment, secure substantially the purposes described in Section 13.
D. Procedures.
(1) A petition for a variance shall be submitted in writing by the property owner at the
time when the conveyance plat, preliminary plat or final plat is filed for the
consideration of the Commission. The petition shall state fully the grounds for the
application and all of the facts relied upon by the petitioner.
-4-
Lot 11 - -
2.060 Acres
S 88' 28' 00" E 200.00'
30' Drainage & Utility Ettsement I I
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STONE ROAD ( F.M. 544 )
PROPERTY DESCRIPTION
!icing Lot 3, Nock,-1, of Mil! ('reek Estates, an Addition to the City (,f!File, Collin County, Terri, according lu the Plat
thereof iecordccl in Cabinet I, Page 625, of the Map Records of Collin County, Texas,
.Ill of the subJcct p,np erty lies within Zone "A' (arras determined to be otuslde of the 500-your flood zone) according to the blood Insurance
Rule .tl,,p Community Panel A'unrhrr 48085C0420 E, dated April 2, 1991.
SURVEYOR'S (:HRTIFICATE
I. Donald J. ,Jackson do hereby certify that this survey was mode on the ground and correctly shows the boundary lines with dimensions of
rite land indicated herenn, correctly shows the luca an of all s1ruelures and tither noticeable improvements and visible items on the subject
r'rol,rrly, correctly show.'the locution of ull allays'4ireets, easements, and other matters of record of which t have been advised affecting the
subject property, and c.rrept oc shown, there are ith visible easetti
C{lr—y1irlvK'alls, or conflicts on subject property.
i
na . ac on r sir ro ono n urveyor o.
JACKSON & ASSOCIATES LAND SURVEYORS
2000 W. F.M. IIICHWAY NO. 544 WYLIE, TEXAS 77098 (21.1)442-4045
.I0F3 NO SCALE —
DATE, DRAWN fly' (:U' NO.
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