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05-15-1989 (Planning & Zoning) Minutes PLANNING AND ZONING MEETING MINUTES MAY 15 , 1989 The Planning and Zoning Commission met in regular session on Monday, May 15 , 1989 in the Council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Members present were Chairman Brian Chaney, Vice Chairman Bart Peddicord, Bob Skipwith, Jim Ferguson , and Marty Stovall . Staff members present were Roy Faires , Code Enforcement Officer, Ron Homeyer, City Engineer , and Candi White, Secretary. Chairman Brian Chaney called the meeting to order . CONSIDER APPROVAL OF MINUTES FOR MAY 1, 1989 MEETING. Bart Peddicord said that on the second page, first paragraph, the word "sight" should be "site" , and on the second page, second paragraph, the wording should be changed from "his asked" to he asked" . Chairman Chaney added that on the second page, second paragraph, the word "normally" should be changed to "normal" . He also said that near the bottom of the first page, the minutes reflected him saying "Mr . Norwood' s statement was positive energy in and for a more positive Wylie" . Chairman Chaney felt that sentence should be corrected to read "positive energy would make for a more positive Wylie" . Jim Ferguson made a motion to approve the minutes for the May 1, 1989 meeting with the noted corrections . Bart Peddicord seconded the motion . The motion carried with all in favor . CONSIDER RECOMMENDATION FOR APPROVAL TO CITY COUNCIL FOR AN ORDINANCE AMENDING SUBDIVISION REGULATIONS ORDINANCE NO. 83- 18 SECTION 6 . SUBSECTION 6 .01 BY ADDING THERETO A REQUIREMENT FOR THE REIMBURSING OF PUBLIC FUNDS EXPENDED FOR IMPROVEMENTS PRIOR TO DEVELOPMENT. Chairman Chaney explained that he had requested that this ordinance be placed on the agenda after questioning the status of McCreary Road, and if the City could be reimbursed by future developers for expended funds on the road improvements . He said that he felt the city should be prepared for future development in cases where the city had already made improvements before a property was developed . Mr . Faires , Code Enforcement Officer , explained that the ordinance being presented would allow the city to be reimbursed by the developer of a property for any public funds which had been expended for improvements . Mr . Skipwith felt that the owner of Southfork Mobile Home Park was getting a free ride with McCreary Road being paved , and felt it was very unfair when the property owners along Birmingham Street were assessed for improvements . Chairman Chaney said that if the ordinance was approved , there wouldn' t be a free ride when the remaining property along McCreary Road was subdivided . Mr . Faires , Code Enforcement Officer , added that the ordinance would apply not only to the McCreary Road situation , but to any property where improvements were made with public funds before it was developed . Mr . Skipwith asked if notification of such ordinance would be in the deed so that developers would be aware of it . Ron Homeyer , City Engineer , explained that developers always read the city' s subdivision ordinance and that staff would also try to point this out to them. Mr . Faires added that pre-development conferences were mandated by ordinance, and this portion of the ordinance would be addressed by Mr . Norwood, City Manager, Mr. Homeyer, City Engineer, and himself in those conferences to ensure that all developers came into Wylie with their eyes open. Chairman Chaney agreed that all developers were aware of city requirements and would ask. Mr . Skipwith questioned whether the ordinance would apply to past projects . Mr . Faires replied that ordinances could not be retroactive, and would take effect upon development . He added that he felt the remaining side of Sanden Blvd . would be subject to such ordinance. Mr . Skipwith expressed his feelings again , saying that he hoped the City would not improve McCreary Rd . until this ordinance was in effect . Chairman Chaney asked Mr . Faires to relay that to the Council . Mr. Faires assured the Commission that the improvements would not be done , as the ordinance would go to Council the following week for approval . Mr . Skipwith also asked if the reimbursement of the cost of improvements at the time of development would be the then current costs , or the costs at the time the improvements were made. Mr. Faires said the developer would have to reimburse the city for what it would cost at that time, as today' s dollar value would not be as great as that in the future . Bart Peddicord made a motion to approve recommendation to the City Council for an ordinance amending Subdivision Regulations Ordinance No . 83-18 Section 6, Subsection 6 by adding thereto a requirement for the reimbursing of public funds expended for improvements prior to development . The motion was seconded by Jim Ferguson. The motion carried with all in favor . GENERAL DISCUSSION . Bob Skipwith said he appreciated Don White patching the potholes on Hilltop St . , as many residents in Wylie seemed to use Hilltop to cut through to other streets . Marty Stovall told the Commission that he was submitting his resignation from Planning and Zoning , as he was moving out of the city. He said that it had been an honor to serve the City of Wylie and that it had been very enjoyable and a learning experience for him. Chairman Chaney added that the Planning and Zoning Commission was a voluntary board which had to put up with alot of hassles sometimes , but he felt decisions they made were in the best interest of the city and he appreciated Mr . Stovall serving on the board . Chairman Chaney asked Mr . Faires if the sign in Cecelia Wood' s yard was found to be in the right of way or on private property. Mr. Faires said he had spoken to the gentleman who had erected the sign , who told him he had permission from the owner to put the sign there. Mr. Faires suggested that he talk to the current property owner . Bart Peddicord said he would be leaving for vacation and didn ' t know if he would be back in time for the next meeting . Mr . Skipwith also said he would be on vacation at that time. Mr . Faires told the Board that they could expect Baron Cook to be present at the next meeting , as he was requesting a zoning change to obtain a special use permit to use a mobile home as a sales office in Newport Harbor. He also explained that Mr . Cook was comparing his situation to that in Stone Grove Addition where there were six different builders . Mr . Faires said he had already told Mr . Cook that he could have a mobile home for a construction trailer but not a sales office, and that the permit for a construction trailer would become invalid after six months . Mr . Faires added that Mr . Norwood , City Manager , Ron Homeyer, City Engineer and himself would give a comprehensive presentation on the past , present , and future sewer dilemma. He felt the presentation would be very informative and would be a means of involving the Planning and Zoning Commission. He told the Board they should be prepared for alot of hard work. Bart Peddicord said that Cecelia Wood ' s and his terms would expire in July, and he wished to express his availability to serve another term. There being no further business , a motion was made by Bob Skipwith to adjourn. The motion was seconded by Marty Stovall . The motion carried with all in favor . Brian Chaney, Chirman Respectfully Submitted , Candi White, Secretary