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06-05-1995 (Planning & Zoning) Agenda Packet AGENDA PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX June 5, 1995 6:30 pm CALL TO ORDER ACTION ITEMS 1 . Consider approval of the Minutes of the May 15, 1995 Regular Business Meeting. 2. Discuss and consider a recommendation to the City Council for approval of an Amended Final Plat for Richard Lane for Lots 3-7, Block H of Wyndham Estates, Phase II. PUBLIC HEARING 3. Hold Public Hearing and consider a recommendation to the City Council a request from Richard Nance for a zone change of a multi-zoned tact of land (77.036 acres) from MF, R, SF-3 & 2F to SF-1 located South of Stone Road and West of F.M. 544 and further described as follows: Abstract 23, Allen Atterberry Survey, Collin County, Texas 4, Hold Public Hearing and consider a recommendation to the City Council a request from Robert Heath for a zone change from B-1 to B-2 for property at 1890 Hwy. 78 North, located North of Hwy. 78 across and to the East of the Wylie Municipal Complex, and further described as follows: Abstract 688, Francisco De La Pina Survey, Collin County, Texas DISCUSSION ITEMS 5. Discussion regarding distribution of zoning information. 6. Discuss and consider initiation of Public Hearings for possible re- zoning of 3 lots located on Birmingham Street, north of the proposed Cornerstone Private School location. CITIZEN PARTICIPATION ADJOURNMENT MINUTES The Planning and Zoning Commission met in a Regular Business Meeting on May 15, 1995, 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 ,Vice-Chairman, Rich Eckman, John Crowe, Stuart Allison, Steve Ahrens, Cecilia Wood, and Tim Owen. ABSENT: All present STAFF MEMBERS PRESENT: Building Inspector, March Coover and Technical Coordinator, Lisa Price ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes from April 17, 1995 Regular Business Meeting. A motion was made by Rich Eckman and seconded by Stuart Allison to approve the Minutes as submitted. Motion carried, all in favor (7 votes). PUBLIC HEARING • ITEM NO. 2: Hold Public Hearing and consider a recommendation to the City Council a request from The Cornerstone Private School for a zone change of the properties located at the northwest corner of Industrial Court and Birmingham Street (1.2 acres) from Ito R, and further described as Lot 13 of Railroad Industrial Park and unplatted acreage in Abstract 820, Tract 32. Melissa Abbott of 400 Dogwood and owner of Cornerstone spoke in favor of the zone change. This property is centrally located with access to both Highway 78 and F.M. 544. This will be a facility of the '90's with a learning environment inside and out, with four separate age-appropriate playgrounds. There is no other daycare like this located in the Wylie area, with this being a state of the art 10,000 square foot, $500,000 building to add to the tax base. Cecilia Wood questioned whether the Industrial zoning surrounding the property poses any problems, and if not now, what about future industrial growth. Stuart Allison questioned the capacity(240 students)which would make approximately 120 cars travelling in a highly congested area in early mornings and late afternoons, with no traffic signals at this intersection, and no plans to widen Birmingham. John Crowe also expressed concerns over the daycare being located in the middle of an Industrial area. A motion was made by John Crowe and seconded by Rich Eckman to recommend to City Council for approval of this zone change request. Motion carried, 5 in favor, 2 against - Cecilia Wood and Stuart Allison. (7 votes). ITEM NO. 3: Discuss and consider a recommendation to the City Council for approval of a Preliminary Plat submitted by The Cornerstone Private School for the properties located at the northwest corner of Industrial Court and Birmingham Street (1.2 acres). Discussion began by Cecilia Wood for rezoning 3 lots to the north of the daycare location. Bart Peddicord stated he liked to see Wylie moving ahead with this tvne of school at this location. Motion made by John Crow"-nd seconded by Rich Eckman to recomiv "1 to City Council for approval of Preliminary Plat. Motion passed, in favor, 2 against - Cecilia Wood and Smart Allison. (7 votes). ITEM NO. 4: Hold Public Hearing and consider a recommendation to the City Council a request from F.M. 3412, Inc. (Jim Meara, Managing Partner) for a zone change from SF-3 to PD for a tract of land (8.28 acres)to be platted as Westgate Phase II, south of Westgate Phase 1 and north of the Kansas City Southern Railroad, and further described as: Abstract 266, E.C. Davidson Survey,Blocks 10 and 11. Steve Heniford, Engineer with Rust, Lichliter/Jameson, representing Jim Meara and F.M. 3412 spoke in favor of this zone change. The Developer's intent is to develop this area in the same manner as what exists on the west side of Westgate Way. D.R. Horton will also build homes in this area. Cecilia Wood had a question about the overflow swale in the southeast corner of the property. Mr. Heniford explained that when the new road way is constructed there will be a sag in the turn in the street where all the drainage that bypasses the inlets in the existing storm sewer system collects, and in case the storm system clogs the water has a way to get out of the street and pass between the lots without inundating the homeowners. The plans are for this to be a small shallow grass ditch that runs between the two homes. Steve Ahrens requests this ditch to be constructed out of concrete to alleviate any possible erosion problems. A person from the audience asked if these homes would be zero lot line homes, and Building Inspector, March Coover advised the Board that this PD would have the same setback requirements as the existing PD on the west side. A motion was made by Stuart Allison and seconded by Steve Ahrens to recommend to the City Council approval of this zone change. Motion passed with all in favor (7 votes). ITEM NO. 5: Discuss and consider a recommendation to the City Council for approval of a Preliminary Plat submitted by F.M. 3412, Inc. for a tract of land (8.28 acres) to be platted as Westgate Phase II, located south of Westgate Phase 1 and north of the Kansas City Southern Railroad. John Crowe questioned the purpose of going from a SF-3 zoning to a PD. Inspector March Coover said that the Developer's purpose was to build a bigger home than the existing SF-3 setbacks currently allowed. The City's most lenient setback on a side yard is only 6 feet. The proposed PD would have a 5 foot side yard setback, 20 foot front setback, and 20 foot rear setback. This would give the builder greater flexibility. A motion was made by Stuart Allison and seconded by Steve Ahrens to recommend to the City Council approval of the Preliminary Plat subject to making the overflow swale between lots 21 and 22 of Block 10 a concrete ditch. Motion passed with all in favor (7 votes). At this time, Board members had some questions that they wanted to discuss at the next Planning and Zoning meeting. Some mis-information has been given to people to start out with such, as certain zoning that was needed, etc. Also to discuss possible re-zoning of 3 lots north of the proposed Cornerstone Private School location. ADJOURN: A motion was made by Steve Ahrens and seconded by Stuart Allison to adjourn. Motion carried, all in favor(7 votes). Chairman Peddicord adjourned the meeting. Respectfully Submitted: Bart Peddicord, Chairman Lisa Price, Technical Coordinator Planning & Zoning Commission #1 Action Item Re: Approval of Minutes from May 15, 1995 June 5, 1995 • Consider approval of Ithe Minutes of the May 15, 1995 Regular Planning and Zoning Meeting. Planning & Zoning Commission #2 Action Item Re: Approval of an Amended Final Plat June 5, 1995 An amended Final Plat has been submitted by Richard Lane for Lots 3-7, Block H of Wyndham Estates, Phase II. This Plat was submitted and approved previously by the Planning & Zoning Commission on May 17, 1994. Due to a mix up between the surveyor and Richard Lane, their time ran out and the Plat was never filed with the County, and therefore is before us once again. The home on Lot 3 encroaches the property line of Lot 4. To accommodate this mistake, Richard Lane requests an Amended Plat which would add 10' to Lot 3, and lessen the lot sizes of Lots 4-7 by approximately 3' each. This amendment would still allow Lots 3-7 to be in compliance with the SF-3 zoning. c-- Page 1 of 3 City of WYlie (5/93) APPLICATION AND FINAL PLAT CHECKLIST Date May 24, 1995 Name of Proposed Development Amended Plat of' Lots 3-7, Block H Wyndham Estates Phase II Name of Developer Richard Lane Address 2011 North Collins Phone 238-7277 Owner of Record Richard Lane Address 2011 North Collins Phone 238-7277 Name of Land Planner Barry Rhodes Surveyor/Engineer Address 7509 Penn Ridge Circle Phone 475-8940 Total Acreage 1 .02 Current Zoning Number of Lots/Units 5 Signed The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn to legibly show all data on a satisfactory scale, usually not smaller than one inch equals 100 feet. The Final Plat shall be submitted on a drawing which is 18" x 24". The following Final Plat Checklist is used to check compliance with the Wylie Subdivison Ordinance. The following checklist is,intended only as a reminder and a guide for those requirements. Information Provided of Not Shown of Plat Applicable V 1. Title or name of development, written and graphic scale, north point, date of plat and key , map. Page 2 of 3 ✓ 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. tr 4. Accurate boundary survey and property description with tract boundary lined indicated by heavy lines. 5. If no engineering is provided show contours of 5ft. 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 an adjacent to the development. s. 8. Locations, dimensions and purposes of any easements or other right-of-way. ✓ 9. • Identification of each lot or site and block by letter and number and building lines. V 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 record name and by deed record 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). r' 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). V 15. Instrument of dedication or adoption signed by the owner or owners (see wording). (47 16. Space for signatures attesting approval of the plat (see wording). r 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 that no 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:Y' File No.: Date: Fee: Receipt No.: 1 • SL/ GWD.I (I-94) GENERAL WARRANTY DEED THE STATE OF TEXAS 1 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN • THAT THE UNDERSIGNED, RICHARD LANE, President of RICHARD LANE ENTERPRISES, INC. , hereinafter referred to as"Grantor",whether one or more, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other good and valuable consideration in hand paid by the Grantee herein named, the receipt and sufficiency of which is hereby acknowledged, • has GRANTED, SOLD and CONVEYED, and by these presents does hereby GRANT, SELL and CONVEY unto GARVIN TODD PETERSON and DAWN PETERSON • ,Herein referred to as "Grantee", whether one or more, all of Grantor's right, title and interest in and to the real property described as follows: SEr EXHIBIT ."A" ATTACHED HERETO ANp MADE A PART HEREOF: The conveyance evidenced by this Deed is made subject to any and all easements, restrictions,covenants, conditions and reservations of record, if any, applicable to all or any portion of the property. Additional provisions: TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns forever: and Grantor does hereby bind Grantor's heirs, executors, administrators, successors and/or assigns, to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns, against every person whom- soever claiming or to claim the same or any part thereof. EXECUTED this 21st clay of June 199 4 • • RICHARD LANE ENTERPRISES INC. BY: • RICHARD LANE, President GRANTEE'S ADDRESS: 1400 London Wylie, TX THE STATE OF TEXAS 1 • COUNTY OF DALLAS I • The foregoing instrument was acknowledged before me on the 2 day of J(,l lJ� . 199 q . by op, J, ,►oa°°°oaalso�°° «R �,,n,,,,,,n, Ji^NNIFrp M. RING LU :AP). . `''d No1'AFIY PUSLIC til♦� ���� ` ` STATE OF TriXAS � • Nota Public, Sta e o Texas y � ' M Comm Exp.2.2J.9t3 M. ,�N��I��,• y p• Not, s Printed me: Jt Glh( t P) � ua�*4sa My commission exp -s: 2(23/g1�' ,l THE STATE OF TEXAS COUNTY OF 1 The foregoing instrument was acknowledged before me on the day of • . 199 . hy . • Notary Public,State of Texas • Notary's Printed Name: My commission expires: • , • THE STATE OF TEXAS 1 COUNTY OF DALLAS I , • This instrument was acknowledged before me on the clay of • June . 199 4 , l,y RICHARD LANE, President of RICHARD LANE ENTERPRISES, INC. a Corporation,on behalf of said corporation. Notary Public,State of Texas Notary's Printed Name: My commission expires: • • AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: Garvin Todd Peterson SEAL & LAWRENCE, P.L.L.C. 1400 London A Professional Limited Liability Company Wylie TX, Attorneys at Law 500 N. Akard, Suite 2900 Dallas, Texas 75201-3396 T � EXHIBIT "A" BEING a part of Lot 4 Block H of Wyndham Estates, Phase II, an addition to the city of Wylie, Texas, according to tiie plat thereof, recorded in Volume F, Page 647 of the Map Records of Collin County, Texas, described as follows; • er of saidat aLot/2"4, inron therod 6 uthrlinener at of LondoneDri east ve; corn corne THENCE West along the North line of said Lot 4 and R.O.W., a distance of 10.4 feet to a 1/2" iron rod for. corner; THEWE South a distance of 130.0 feet to a 1/2" iron, rod for corner in the North line of a 15 foot alley; T Fes Egt rod a along said aer of said Lot nce of 1 feet to a • 1/2" iron eet THENCE North, a distance of 130.0 squaref feeto of the lPLACEOF 1?2:R•T"1NTNG and CONTAINING 1,352.0 7" G5.(07 1 - . � - i 1 -• „ I I I I Ga0 34.0 ; I G5 !'1 O - y/2 Q c'1 Q cy. _ - \ 35 36 vs G4.o I34.ot� ' G5_17_ o i - - - ____2_ - - � - - -- - - 1 29.98 - -4 34. to - /5.D'T.P. fG. E5ofi. 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I [<0 6 ` ,A m to M to to M - - - _ _ _ e`n �m ro25'f5�-1 ` ,,. , f3G•24 . m• - - - -- -- - - - - -L -26' 6L_ -- -- - -- - - - - I -/Z6.14- -,y15,ZS - -125 14 /s 4b.ot 41.o -,- -,.- -..- -- -•,- - - -,- -.- -,- -,- -41.0 55.2o SGI /5 oRs1/A/. e arid./Ty Es,jqT 0 `.�, / 350' DEO/C47-E0 P.0 OGD NwY 7,5 T Planning & Zoning Commission #3 Public Hearing Re: Rezoning Request from Richard Nance June 5, 1995 Richard Nance has requested that a 77.036 acre tract of land which has a multi-zoning of Single Family-3, Retail, Multi-Family and 2-Family be rezoned to Single Family-1. Mr. Nance is currently constructing Mill Creek Crossing Subdivision which is located on Stone Road directly across the street from this 77.036 acre tract. He has been asked by several prospective buyers in this new subdivision and surrounding area to rezone his property across the street. The current zoning is not desirable to these homeowners and the properties surrounding this area are zoned residential with one "Public" zoning (Community Park). A residential zoning is in compliance with the City's Comprehensive Plan's Land Use Map. t 18 notifications were sent out to property owner's within 200' of this acreage, with only him'-one being returned to the City (an opposed vote with no explanation). 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. Page 1 of 2 (5/93) , CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE Case No. Filing Fee 00225-- Date 5//2/96 Applicant i CN/)4() fl/ii,fc e Phone No. 091, of -'SQ6( Mailing Addres : Work No. t-31. /V/p/30 o N/tto igk 1A6i LI e 1 ( 71;;'4o 7507e LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for doe3 ochiEtion, the description may be put on a separate sheet and attached hereto).1 f1 j e)cT 0r- 1r410 Yam- s r ��e- Aix► of rea 'Bevy ay f p se y / /OS# c 7- # a"3 6 Ty o Wy c,t e, 61.61A, ()o✓.i r) Pxdl-S . I hereby request3at the above described property be changed from its present zoning which is F mL District Classification to SF - I District Classification for the following reasons: (attach separate sheet if necessary) / e IAA fota s/he 14mo 1-cRoSS 'T e fTdgecT rap'1 %'711S .Petry ) 0 �%rle Alps✓ 0vibiet.S Ca(5 eci - 1-0 / c y CrrIG 2O4r.0 AV //At° �Pr ic- . There (ate) (are not) deed restrictions pertaining to the intended use of the party. 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. Signe *, ' ie . CITY OF WY"LIE 2000 HWY. 78N. -P.O. BOX 428 WYLIE,TEXAS 75098 . (214)442-2236 • FAX 442-4302 PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, June 5, 1995 at 6:30 p.m. and the City Council will hold a public hearing on Tuesday, June 13, 1995 at 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 request from Richard Nance for a zone change from MF, R, SF-3 & 2F to SF-1 a tract of land (77.036 acres) located South of Stone Road and West of F.M. 544 and futher described as follows: Abstract 23, Allen Atterberry Survey, Collin County, Texas As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: • RE: PZ/CC - Richard Nance Return this form to: Mike Phillips, Building Official P.O. Box 428 Wylie, Texas 75098 0 I am in favor of the request for the reasons listed below 12(I am opposed to the request for the reasons listed below 1. 6:1,,,,,,j,,,te 0‘,t,/,,,,,,, : L57,3 al?-ii ,c, 4,u-ol-f,t) 2. 3. Signature , U/1.6 . Printed Name •,, 20 0 7`1/ Y /'1//)ie/a Address FiLK 7io/ z _�/ S — 76—L7 3 0 le CITY OP' WYLIM 2000 HWY. 78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, June 5, 1995 at 6:30 p.m. and the City Council will hold a public hearing on Tuesday, June 13, 1995 at 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 request from Richard Nance for a zone change from MF, R, SF-3 &2F to SF-1 a tract of land (77.036 acres) located South of Stone Road and West of F.M. 544 and futher described as follows: Abstract 23, Allen Atterberry Survey, Collin County, Texas As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: PZ/CC - Richard Nance Return this form to: Mike Phillips, Building Official P.O. Box 428 Wylie, Texas 75098 I am in favor of the request for the reasons listed below ❑ I am opposed to the request for the reasons listed below 1. Pd-.. C}il�.ee lot- A/o da/ ova 70 #,/a/G` gdo✓d Itir de- /se . 2. 3. Signature Printed Name jA ? Zei /ey 71�_ Qs Address "/� G . S7&. f~ /47//E CITY car VVYLIE 2000 HWY. 78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, June 5, 1995 at 6:30 p.m. and the City Council will hold a public hearing on Tuesday, June 13, 1995 at 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 request from Richard Nance for a zone change from MF, R, SF-3 &2F toISF-1 a tract of land (77.036 acres) located South of Stone Road and West of F.M. 544 and futher described as follows: Abstract 23, Allen Atterberry Survey, Collin County, Texas As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: PZ/CC - Richard Nance Return this form to: Mike Phillips, Building Official P.O. Box 428 Wylie, Texas 75098 • am in favor of the request for the reasons listed below _f��/ ,-`� L Ur ✓r'1 fGr�%G� tliel_.: / Criic�' i /• i ❑ I am opposed to the request for the reasons listed below 1. 2. j 3. Signature �: ,1 %//,f�, fvcc Printed Name �A r�r4f'6 I-' cc'_ ��/'J' f c<' Address jL; j "pit>cllrir'C��1 JC �� < f)d ii- / -1e . CITY OF VATYLIE 2000 HWY. 78N. -P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, June 5, 1995 at 6:30 p.m. and the City Council will hold a public hearing on Tuesday, June 13, 1995 at 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 request from Robert Heath for a zone change from B-1 to B-2 for property at 1890 Hwy. 78 North, located North of Hwy. 78 across from the Wylie Municipal Complex, and futher described as follows: Abstract 688, Francisco De La Pina Survey, Collin County, Texas As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: PZ/CC - R. Heath Return this form to: Mike Phillips, Building Official P.O. Box 428 Wylie, Texas 75098 • VI am in favor of the request ❑ I am opposed to the request for the reasons listed below 1. -- -6,-tk Q--U_ .3 ' 2.-''``� 1/171-61-k ' p s 2. P ,,e,t,__ r., .._. , c-a.,,o. 61,,i_k_, u.,yuci_fl,tc, ),,, ,,,,t,:_,s,___ L6Signature 5 �--e--- , a- kt,26- ,4 A Printed Name Wel. ) -4 e r d 1f a_ o m i Pa- j ie- 1 .r ,trn f Address I 0 ?, � ^ y7 f-"'_ l �� ,••0 , ,,. .../ ,.. \ .‘• 40, 4 FT oa \ • 1 r. •.•-' :" . i "" 7 7—,T. -7 -7, cl';.n---,, '--i •••stim•-• 11( cl L ° 14 IINIC u . ,i VIII 17.-1-- n k III 1 , • ., 0 i \ II -f) • .. N .1 •E 'Y 7--,---, ---:-,-T. ,F---. • : te"NM 1: +_11"_ _ ___L' __I_, i m NW . 1--.--i-i., 1 . 7--. t- MEI tleath,rwood ",yrive 3 la 0 co-fi-1-• • 1 cg_r____. I nil --.`,--0'1.1".. '7 .71 7111111111fairir Spr n woo one Li-T--_ . os 42_ -,-..-t niii 0 : 1 O' ,41. o - -177-- 44 .4 .__, . 1 Rs c _....7)21:_cl..„1„,...,:t4 LI . 7)Iiitiiiir.: 1....... 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J PSit'it‘ i ....._ ..._..___"''''__ J• • • . -..-.••-•••-•••-.•-•••• ..- . • . _ . -..... . . ._ . . . . ... ._... ._ ____ ..._ ._ _ ,_.. - • -- Wheelis ' , 4 :•,. .... 1 inL.........j CO 4--/ — •-- NOTIFICATION REPORT DPLICANT: Ri(',, oLt Korle,e, APPLICATION FILE# Name &Address TTORNEY, AGENT: Name &Address 3LK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME ADDRESS ("&3 -4 q7 — eich rd tlzrvnce 4/ 16°Mou1IA - lOgl e ii 9q 1i 11 qg - /irsf rhos-Hell Chrirdi 1o1 g ,S u.>re R' - Wg l ie 23 24 - trim bl e Fon iv irivs 4s Ltd PD Pax sSl- L Jtf lie — 1 .Oar d e, ,..nliI'e Aus4- ri loo( E. M . Rol - 2 (cLri e Voile Tt10 d5 &of f. Sfone 2d I. '7 1 q l v oo4 Jffil6 goin - 611 Do rood ,, 2 ii Jeri iu(1h ,wn . Po i x 754 - lithi1iP 5i ti John j/J bsf&r in Pax 360- u/ 1le p 4o 'I , Alley) -f-tolz_e.1 1610 cu,shing ,iz,o l ilCe(jI/1', 1/W fo 55 li►iacd hullo u itii Pcroih(J %drr Po 6aX 7P)0/52 Dr 7S3 7 P P /0 l�u(?r/ Illocu L 7 Vei Jordan ,50 Ga'rd/PWOod i '' 11 i' . Jerr f /14 1171i. Merl 5/o f ryikn000l Cf '' /.- _ << , (A,rrq eri . (4i 501 /ewood Cf 1' a1 /Vgirrg gloiker 5bM < ri(1r1 C- C2)lvd NOTIFICATION REPORT PLICANT: &herd (\1A,'lce APPLICATION FILE# Name &Address TORNEY, AGENT: Name &Address LK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME ADDRESS _ F m(). flh1/Y) (Woad 5/0 / 1?tk, PlvI Qui Jhn eyes 5/I quail ,reeci &of /1 ' 2 clod Th 11 C.L . Aiel5on 50q Quail Creek e)l✓d CI i OF i L w IE N Q 4 7 4 8 8 OFFICIAL USE ONLY 'r i *%(' 0 0 OFFICIAL RECEIPT CODE AMOUNT 443, - S,a'D RECEIVED OF 1°- iV7 q 19.5 , te►di ���ri kia = al;- ' f�U7 iiinclred l V - Five 4- 7co FO Zorle �rl� i r( Qi C • C, .4.3724 . - _ A LP" . TDT� WHITE-CUSTOMER CANARY-FINANCE PINK-BOOK II fI MR. OR HRS. RICHARD NANCE I-80 3724 t 1 224 MEADOW LARK LN. 442-5068 C �/_ i WYLIE, TX 75098 J — /1 19 / 5 I 32_61 it :ti n10 14004 ii s#I Pay To r� /j/ iI ', TheO rOf I�y 1/4 lU}'(,/ f I $,R 5 , wi, �U�rOg F - ,tr/. l--V AAto e I1 BANK ONE, TEXAS, NA - NO. 14004 k fi 1111 BELTUNE RD- #i GARLANp 1 XAS 75040 •1t � For rV' �01✓If1it 1 1 SS M. 1: 1 1 10006 14 �372409E4 Q' 950�' i p Planning & Zoning Commission #4 Public Hearing Re: Rezoning Request from Robert Heath June 5, 1995 Robert Heath has requested a zone change from B-1 to B-2 for his property located at 1890 Hwy. 78. Currently Mr. Heath operates Windmill Trading Post with a B-1 zoning and would like to rezone to conform to B-2, Section 19:1 (25) Mini or Convenience Warehouse. 3 notifications were sent out to property owner's within 200' of this acreage, with none being returned to the City. Page 1 of 2 (5/93) CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE Case No. Filing Fee 22 `Y Date Applicant f filer t //ei'7A Phone No. - 05 2O Mailing Address: Work No. ./f cle,�' /8qo /tfrP // y 7Xy V %�-e LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached hereto).1 I hereby request that the above described property be changed from its present zoning which is �f / District Classification to District Classification for the following reasons: (attach separate sheet if necessary) f Cv vfio2,y tO fc��/T ,' ' lea" /`l; / ��►l� "jam 6$ Goy/✓€m;&.✓ e w94czlay r= There ( (are not) deed 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 d/� ' 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. TITLE INSURANCE COMPANY OF AMERICA EXHIBIT A BEING a tract of land situated in the FRANCISCO De La PINA SURVEY ABSTRACT NO. 688, City of Wylie, COLLIN County, Texas, and being the same tract of land conveyed to Ray Dean Miller, and wife, Betty Miller, by deed recorded in Volume 939, Page 211, Deed Records, COLLIN County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod set in the South Right of Way line of State Highway No. 78 for the Northeast corner of a 4 acre tract of land conveyed to Sherwood E. Blount Jr. by deed recorded in Volume 2359, Page 423, Deed Records, COLLIN County, Texas; THENCE North 89 de rees 45 minutes 36 seconds East, along said South Right of Way line, a distance of 297.70 feet to a 2 inch iron pipe found for the Northwest corner of a 1.00 acre tract of land conveyed to Archie Eubanks by deed recorded in Volume 951, Page 741, Deed Records, COLLIN County, Texas; THENCE South 00 degrees 14 minutes 24 seconds East, along the West line of said 1.00 acre tract, a distance of 209.12 feet to a 1/2 inch iron rod set for corner in the North line of a 13.9254 acre tract conveyed to Archie Eubanks by deed recorded in Volume 1083, Page 270, Deed Records, COLLIN County, Texas; THENCE South 89 de rees 54 minutes 56 seconds West, along the North line of said 13.9254 acre tract, a distance of 297.40 feet to a 1 inch pipe found for the Southeast corner of aforesaid 4 acre tract; THENCE North 00 degrees 19 minutes 29 seconds West, along the East line of said 4 acre tract, a distance of 208.31 feet to the POINT OF BEGINNING and CONTAINING 62,100 square feet or 1.426 acres of land, more or less. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for information and/or identification purposes and does not override Item 2 of Schedule B hereof. Case No. 93 PL 288236-H (00102) DOC# 1 "4 , ie CITY OF VVYLIE 2000 HWY. 78N. -P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, June 5, 1995 at 6:30 p.m. and the City Council will hold a public hearing on Tuesday, June 13, 1995 at 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 request from Robert Heath for a zone change from B-1 to B-2 for property at 1890 Hwy. 78 North, located North of Hwy. 78 across from the Wylie Municipal Complex, and futher described as follows: Abstract 688, Francisco De La Pina Survey, Collin County, Texas As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZ/CC - R. Heath Return this form to: Mike Phillips, Building Official P.O. Box 428 Wylie, Texas 75098 • I am in favor of the request for the reasons listed below I am opposed to the request for the reasons listed below 1. 2. 3. Signature Printed Name Address . / e„ U S A i MART M YEJOE•V U N ;11:7% .2 1 w w . . Ili I < Ki /y r •�w� I N Z < Z M 4. T 60 - Y t. a _ fit. v� ,1 - W OJ u N A u y) A 1� I = �044 �. o 06 1 t 'Y i ! 3 < f t, �• Y n 4 32 ct U J t y` ��� m n r - 4 23 L I v U j J N L I r11 ts�f ANI •��� (I i 4 IINW44 1R1A CHARLESSTEPHENS ` • S A D AUTO 55 39 AC , / R R u 1 - • RGBERT FREEMAN 1' VOA.i 2013 AC i r - St RICHARD - PTG w4.T�• __ WARD 0000000000•000.0.0000.........onj -_ • 169 AC �/ /� . • - i� - �� prWe a. J---- / • •.' CRY HALL Y // SITE REND b DOWNING // 1.143 AC d PAlL C _ � J...- MERRNT EMERGENCY I.193 AC MFOICAL MWIT J. , 3W0 ILIAC ALPHA/OMEGA D011LE R. FLOORS INC. STATE HWY TE / WYLC LLR 10 WALTER WALTER RAY MILLER ARCHIE RAY ARTHUR ARCHIE /// PAIR PAIR 104 AC. EUBANKS MILLER KNAPP EUBANKS 90 AC 1 0 AC 10 AC 1.11 AC 10 AG 1 O AC `PIT MII I ER 104 AC. WALTER PAIR 20 AC ARCHIE EUBANKS 13.925 AC ARCHIE EUBANKS t✓ 1 1 13 925 AC 2 3 -►I •19 18 17 18 19 113 1211 I 9 8 25 •. olsplr . 7 NOLAND EUBANKSNOL M64 EUBANKS 26 1312 II 10 9 8 7 6 5 4 3 2 1 6 .--;-4 N 14 64 AC. 27 5 `- = 28 > • 1 161718 19i21222 -- 26 29 . W �ty,n, o E, v. •• BEII� D A 30 Q©O OHM • 31 1=1 1615 1413�II 10 9 8� 04•1 I 2W© a<C01 EAC INC II,. A 14 Film: �'* : v K�2 II1314 25 28 27 28 •c•31 • - 008 AC .F . •15 z elpar. • ant 2 I t 2 13 I 4 I? iv m • 9 8 7 6I5i4(3I2I 1 �0,18117 16 15 14,131211 10 9 8 7 6r5 4� NOTIFICATION REPORT PLICANT: e• APPLICATION FILE# Name &Address TORNEY, AGENT: Name &Address LK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME ADDRESS Pei( go? guiti 7S 4 (.040 Pei( /go Htlig 7 Al . (03 Archie ELFba/1PS 1900 111,0q 78it! 1. 7 , k< ie Fubanks it ikw 7g AI P 5 S5/75,;hbiseii5116V-3f lr l�� °`1l1e Gvocril'k �i'1�� Lc 4 WINDMILL TRADING POST 1453 -� 4506 E. PARKER RD. - • •! PARKER, TEXAS 75002 _ 88-151/1119 4 / �!` '17 corderof ci_74... k7. rbr///-e Is el Z; © i s ",. THE + C AMERICAN NATIONAL BANK • (214)442.6565•P.O.BOX 1268 -.top .- WYLIE,TEXAS 75098 if'QO 14 5 311' I: 1 1 1 90 1 5 191:4000 06 6 611' CITY OF w = Li� No 47 4 9 s OFFK:NL USE ONLY�� y 00 OFFICIAL RECEIPT CODE AMOUNT RECEIVED OF /6 ` ((2,0y• t8 95 • ci t ,)2 "°� I �n ^ /y DOLLARS FOR ekl - �IJ! `// CS Lua Q1 RECEIVED BY TOTAL ° whITE-CUSTOMER CANARY-FINANCE PINK-BOOK O1 Planning & Zoning Commission #5 Discussion Re: Distribution of Zoning Information June 5, 1995 At your last meeting, the Commission discussed the zoning information being provided and it's possible inconsistencies with what has actually been adopted. Several factors have contributed to this possible situation: First: Our Code of Ordinances (which includes the Zoning Ordinance) has not been updated since June, 1992. Ordinances amending the Zoning Ordinance have been passed and approved and are in effect but are not "in the book". They are still enforceable but are harder to keep up with. Second: We haven't updated the Code book because there are too many problems and contradictions in the Code and particularly in the Zoning Ordinance. We requested and received this year a budget amendment from the Council to allow us to re-codify. This is a $14,000 project taking place now and we expect it to take a year to finish. A complex and lengthy legal review is being done on all areas of the Code. Upon completion of this review, we expect to be bringing the Commission some recommendations regarding changes and corrections. Meanwhile, we are just doing the best we can to keep up with the changes manually. Third: As you already know, we have had turnover in personnel and are in the process of training a new building official, educating ourselves on planning procedures, and we are looking for a permit clerk. Zoning is a complicated process and we are taking advantage of every training opportunity we can locate. We are thoroughly reviewing our zoning ordinance to make sure we are current with its requirements and hope to avoid giving out misinformation in the future. Planning & Zoning Commission #6 Discussion Re: Initiation of Zone Change Hearings June 5, 1995 At your last meeting, Cecilia Woods requested that this item be put on the agenda for discussion. You recently approved the retail zoning for the Cornerstone Private School. Adjacent to that proposed school are three lots zoned industrial but being used for residential purposes. Ms. Woods discussed initiating hearings to consider rezoning these lots. We, at the staff level, have looked at the Commission's actions over the past few years and have been unable to locate an instance where the Planning and Zoning Commission or City Council initiated a zone change process other than the adoption of our zoning map. While the Commission has the ability to initiate such hearings, staff has several concerns in doing this: (1) The Comprehensive Plan demonstrates by way of a land use map how we ultimately envision the city to develop. This land use map shows this area to be retail/commercial/business or industrial. Should the commission choose to initiate zone change hearings, one of the non-residential districts should be considered in order to be in compliance with the land use portion of our comprehensive plan. (2) Spot Zoning -While the property has non-conforming residential use, should the Commission choose to consider zoning the property to one of the residential uses, this zone change could be considered spot zoning which is not legal or in compliance with our comprehensive plan. (3) While these properties have non-conforming use already under our zoning ordinance, by changing the property by our own initiation to another zoning category that doesn't match existing use, we have still not made any progress toward compliance with the land use map. Changing the zoning now will not prevent a property owner in the future from requesting another zoning. In other words, if you are trying to eliminate the possibility of certain industrial uses, changing the zoning now will not prevent somebody from requesting industrial zoning later which is acceptable in this area according to the land use plan. (4) We have, as a matter of policy, allowed property owners to decide when to petition for permanent zoning as opposed to making this decision for them. (5) Comprehensive Review - should the Commission find compelling reasons to initiate these zone change hearings, you may want to begin a review of all non-conforming areas of the city in an effort to be equitable. This would be a massive project on the part of the Commission and you may want to consider getting Council input before beginning.