11-21-1988 (Planning & Zoning) Minutes PLANNING AND ZONING MEETING
MINUTES
NOVEMBER 21, 1988
The Planning and Zoning Commission met in regular session on
Monday, November 21 , 1988 , 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, Ron
Jeffries , Marty Stovall , Bart Peddicord, Cecelia Wood , and
Bob Skipwith. Staff members present were City Manager John
Pitstick, Code Enforcement Officer Roy Faires, Assistant
City Engineer Ron Homeyer , and Secretaries Candi White and
Francis Varnell .
Chairman Brian Chaney called the meeting to order .
CONSIDER RECOMMENDATION TO THE CITY COUNCIL IN REGARDS TO
THE REQUEST OF SINGLETARY AND BECKHAM TO RELINQUISH EXTRA
TERRITORIAL JURISDICTION ON 104 .67 ACRES LOCATED OUT OF THE
SD TERRY SURVEY ABSTRACT 890 IN COLLIN COUNTY TEXAS (BRANCH
PENINSULA) . City Manager John Pitstick explained that the
City of Wylie had annexed a major portion of Lavon lake and
the above-mentioned property was located underneath the
water tower near Branch, in the Wylie ETJ, in which
subdivision standards were enforced. Mr. Pitstick said that
there wasn' t a city close to release the property to , and
staff had concerns regarding subdivision standards in case
the City were to annex the property in the future .
Mr . Jeffries questioned the reason for the release of ETJ
being presented to Planning and Zoning , when the ETJ was
obtained through council action. City Manager John Pitstick
explained that staff wanted to present anything to do with
planning and zoning to the Commission, even though they did
not have any permanent ruling , as Council would like to hear
the recommendation of the Commission. Code Enforcement
Officer Roy Faires , explained that the original annexation
process for the particular area in question, had been
recommended by a previous Planning and Zoning Commission to
establish control . Chairman Chaney said that some of the
major concerns of a previous Planning and Zoning Commission
were the parks at Lake Lavon being under city control , and
the Branch Peninsula fell into the area when the lake was
annexed .
Mr . Jeffries felt that the Commission should possibly
consider a zoning for acreage or ranchette situations that
would allow septic systems and address other problems in the
subdivision regulations that might not be appropriate for
acreage subdivisions . City Manager John Pitstick explained
that zoning could not be enforced outside the city limits ,
but the City could amend the subdivision standards
specifically for the ETJ . Chairman Chaney felt there might
be a problem with ETJ that falls within 1/4 mile of city
limits and ETJ like this one that would be difficult to
ever service, but Wylie wants to protect for another city' s
benefit . Mr. Pitstick said that the City of Wylie had
brought the property under control , and he felt the City
needed to protect the area whether it was ever annexed or
not . Mr . Skipwith was interested to know what the County ' s
subdivision standards were, as he was under the impression
they were fairly lax .
Mr . Bill Nelson, Engineer , approached the Commission and
told them they were just trying to find a way to develop the
property in an orderly fashion . He also explained that Mr .
Beckham, the owner of the property, was planning to
subdivide the property into one acre tracts and use county
specifications . Mr . Nelson told the Commission he felt that
Mr . Beckham' s plans could be achieved in one of two ways;
ask the City to write an ordinance allowing the development,
or ask the City to exclude the property from the ETJ.
Ms . Wood said that in prior months , a gentleman approached
the Planning and Zoning Commission and requested approval to
subdivide his 10 or 15 acres , at which time the Commission
felt it should be done according to city specifications .
She also said that the Council denied him any leeway in that
respect , and asked Mr . Nelson why he or Mr . Beckham felt
they should be treated any differently. Mr . Nelson said
that Mr . Beckham' s property was located on the Northern
extremity, and therefore, would be very difficult for the
City of Wylie to ever provide water , sewer , and police
protection .
Mr . Skipwith asked if there were any deed restrictions
regarding what would be built on the property. Mr . Nelson
said there would be modular homes on the property, but no
mobile homes .
Chairman Chaney summarized the discussion by saying if the
City of Wylie didn' t release the ETJ in question, an
amendment to the subdivision ordinance must be written for
ETJ , or otherwise they must follow current standards. Mr .
Jeffries explained that one of the reasons he mentioned
amending the standards for ETJ was specifically septic
system situations . City Manager John Pitstick said the City
could not require sewer lines , and he felt the streets would
be a major concern .
Mr . C.T. Beckham, owner of the property, told the Commission
he felt that the property being in the ETJ was a mistake by
the contour of the land, as it was located so far north and
was so remote. He also said that developers and builders
must follow very strict county specifications . Mr . Beckham
continued , saying that the Council feels there is an extra
amount of land in Wylie and that the arms have reached
beyond what could be serviced . He said if subdivision
ordinances are cast on ETJ, the ETJ should be annexed into
the city and he didn' t think Council wanted that . Mr .
Beckham said that Culleoka Water Supply system makes sure
the water supply is good , and didn' t feel that Wylie wanted
to tell Culleoka what to do with their water system. He
felt very strongly that ETJ was designed to be annexed at
some point and that his property was too remote to annex and
provide all services .
Chairman Chaney said he did not think the City should
relinquish the property, but should look at the possibility
of amending the subdivision ordinance for ETJ .
A motion was made by Mr . Jeffries to deny recommendation to
Council to relinquish ETJ on 104 .67 acres located out of the
SD Terry Survey Abstract 890 in Collin County, Texas. The
motion was seconded by Mr . Peddicord . The motion carried
with all in favor .
GENERAL DISCUSSION . Mr . Jeffries said there were several
things to be considered when amending the subdivision
ordinance, but it might be premature until the Commission
could see the County' s standards. City Manager , John
Pitstick, agreed with Mr. Jeffries , as he felt the
Commission would continue to see plats for property in the
ETJ . Chairman Chaney asked that staff obtain a copy of the
County' s standards , and put an item on the agenda to review
and make recommendations to Council for changes in the
ordinance for ETJ .
Mr . Peddicord told the Commission that he had taken a copy
of the landscape ordinance, which had been presented by the
Park Board , to the Chamber of Commerce, but had not received
a written report . He did say though, that he had gotten a
verbal report , and the Chamber was of the same opinion that
the proposal was unworkable and would cause a hardship on
businesses locating in Wylie . Mr . Peddicord added that the
Chamber was opposed verbally, but he would bring a written
report as soon as he received it .
Mr . Skipwith expressed his concern with enforcing such
strict codes on properties so far out of Wylie city limits ,
as the property owners have money invested and he was
hesitant about Wylie holding up those areas . He also felt
that some exceptions might need to be made after looking at
the County' s standards .
There being no further business , a motion was made to
adjourn with all in favor .
(1a4
Brian Chaney, Chai man
Respectfully submitted,
Candi White, Secretary