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11-16-1987 (Planning & Zoning) Minutes PLANNING AND ZONING COMMISSION MEETING - MINUTES NOVEMBER 16, 1987 The City of Wylie Planning and Zoning Commission met in regular session on Monday, November 16, 1987, in the Community Room. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Chairman Brian Chaney, Vice-Chairman Ben Scholz, Bob Skipwith, Marty Stovall, Code Enforcement Officer Roy Faires and Secretary Karen Blythe. R. P. Miller and Cecilia Wood were absent. CONSIDER APPROVAL OF MINUTES: The minutes submitted for approval were for the November 2, 1987, meeting. Chairman Brian Chaney asked if there were any corrections to be made. A motion was made by Ben Scholz to approve the minutes as presented. This motion was seconded by Bob Skipwith. This motion passed with all in favor. CONSIDER APPROVAL OF RECOMMENDATION TO CITY COUNCIL OF PRELIMINARY PLAT FOR WESTGATE TERRACE: Chairman Brian Chaney asked Roy Faires to give the members some information on this item. Mr. Faires noted that this item was referring to the center part of the total Westgate Development. He reminded the members that the Northern part has already been developed and that the preliminary plat on the lower portion south of the railroad tracks has been approved. Mr. Faires added that this would tie Westgate Way together from 3412 all the way back from 544. Mr. Faires pointed out the different zonings of this subdivision on the map to the members which are SF3 and MF and stated that one portion had been rezoned to zero lot line. He noted that it was up to the point of this present development that Fleming had been begun. Mr. Faires added that Fleming Street is scheduled to continue along in this same plain and that the property next to the Dobie Development is zoned in the same manner which meant that the developer had no other choice but to bring Fleming Street straight forward. He noted that the next property is a piece that has not been zoned but has the same configuration as the one he .just mentioned which more than likely in the future will be zoned in the same manner. Mr. Faires added that the City has had the extension of Fleming Street to come straight through this property for at least the last four years. Mr. Faires referred to the maps he had given the members and noted that the developer' s map showed Fleming Street about 460' south of where it is shown on the City' s Mater Plan which does not go along with the City' s plan of Fleming street. Mr. Faires stated that as the Director of Planning and Zoning that he would recommend this item to go before City Council for non approval. Chairman Brian Chaney asked Mr. Faires to show the members on their plans where Fleming Street should be located and if the developers were aware of where the street was to be located before they drew their plan. Mr. Faires noted that the developers were fully aware of where the street was to be located before they drew their plans. Hart Peddicord asked Mr. Faires if they had giver► a reason as to why they were asking for this change. Mr. Faires said they had not given one to him but had given one to Ron Hcimyer the City' s Engineer. Jerry Lands the engineer representing this developer of 3435 Dilido Rd. , Dallas, TX addressed the members. Mr. Lands stated the reason Fleming Street is shown where it is is because of the location of other streets that were planned in the preliminary plat of Westgate Phase I and II. Mr. Lands showed or► the original plat a cul-de-sac which was creating a problem with extending Fleming Street. He noted that he had spoke with Ron Harnyer and they had come up with the solution to place Fleming Street as shown can the plans he had drawn up. Mr. Faires noted that a fir►al plat has never beer► submitted on these streets Mr. Land was referring to which would mean that it has died of old age and would have to go back to the board and that he had made known to Mr. Homyer that Fleming Street had to be where it was on the Master Plan because of the zoning. Mr. Faires also added that once Fleming Street passed the property line of the SF and MF zoning he didn' t have any problem with the location of the street but felt the developers who acquire this property will feel that they have beer► cheated because they will have to make a big curve across their property which will cost them twice as much. Mr. Chaney pointed to Mr. Land' s developer' s property line. Mr. Faires noted that it was their phase line. Mr. Land retaliated and said it was their property line. Mr. Faires stated that if this was so then this property has beer► subdivided illegally because it has always beer► shown as one piece of property and that it had not beer► brought before the Planning & Zoning Commission for approval. Briar► Chaney asked Mr. Faires if this was something the City' s attorney needed to looked into. Mr. Faires said yes, ar►d that they needed to get the City' s attorney to file an injunction to declare all sales of this property invalid. Chairman Brian Chaney brought the discussion back to the board ar►d noted that he was agreeing with Mr. Faires that Fleming Street needs to be matched up according with the original plans. Mr. Chaney r►oted that Mr. Faires would talk with the City' s attorney about the possible illegal subdivision of this property and make sure there wasn' t a failure of memory and if there was not, let him take action from there. Bart Peddicord made the motion to table this item. This motion was seconded by Ben Scholz. This motion passed with all in favor. CONSIDER APPROVAL OF RECOMMENDATION TO CITY COUNCIL OF FINAL PLAT FOR WESTGATE INDUSTRIAL PARK: Mr. Faires addressed the board and reminded them that they had seen the preliminary plat ar►d had approved it a few weeks ago ar►d they were now looking at the final plat for approval and that it has meet all of the city engineering requirements and is recommended by the city engineer for approval. Brian Chaney asked if the City Council had made any alterations. Mr. Faires replied they had not ar►d that he was recommending approval. Bob Skipwith made the motion that they recommend to the City Council that this final plat be approved as shown. This motion was seconded by Marty Stovall. This motion passed with all in favor. ~~ Chairman Brian Chaney asked before they went to the last item that they consider the memorandum from the Park and Recreation Board which was in their packets. Mr. Faires addressed the board that the first time he had seen this memorandum it had been brought to his office to go before the Planning & Zoning without going before the Parks 8 Recreation Board, at which time he advised this party that the City did not have the personnel or staff to enforce this issue. Chairman Brian Chaney asked Mr. Faires who had brought this forward to him. Mr. Faires stated that it was one of the members of the Park & Recreation Board. Marty Stovall asked if other cities the size of Wylie have this type of ordinance. Mr. Faires said no, that cities the size of Plano and Austin, etc. that have a Park & Recreation Director that has taken two years of Horticultural have this type of ordinance. Marty Stovall asked if there were any types of ordinances for companies such as Sandin, when it comes to Wylie, for landscaping. Brian Chaney felt that this item would deter larger companies from coming into Wylie and that we need these larger companies to support our tax system. Marty Stovall stated that he felt most companies would want to landscape anyway. Bart Peddicord stated he had read this memorandum about four times and feels that it would take at least one and maybe more experts to enforce this. Mr. Peddicord felt that some issues in this memorandum were not within reason. Brian Chaney stated that ~- at the passing of the Parks Tax or Land Donation Ordinance he had felt it was a little strict but realized that it was needed for the future citizens of Wylie, but this issue he feels is too much. Mr. Faires told the board that the City Manager wanted the Planning & Zoning Commission to know that they are in the process of hiring professionals to do a Master Plan for the City that will include some beautifications along some thoroughfares. Chairman Brian Chaney asked if they needed to action on this issue. Mr. Faires said no, but they would like for them to put it on their November 30, 1987, agenda. Chairman Brian Chaney requested this item to be put on the November 30th agenda. ADJOURN: There being no other business, a motion was made by Ben Scholz to adjourn. This motion was seconded by Marty Stovall. This motion passed with all in favor. Brian Chaney - Chairman Respectfully submitted . ' Karen Blythe Secretary _ _ PLANNING AND ZONING COMMISSION MEETING - MINUTES NOVEMBER 30, 1987 The City of Wylie Planning and Zoning Commission met in called a session on Monday, November 30, 1987, in the Community Room. A quorum was present and notice of the meeting had been posted in the time and mariner required by law. Those present were Chairman Brian Chaney, Bob Skipwith, Marty Stovall, Cecilia Wood, Bart Peddicord, Code Enforcement Officer Roy Faires and Secretary Karen Blythe. R. P. Miller and Vice-Chairman Ben Scholz were absent. CONSIDER APPROVAL OF MINUTES: The minutes submitted for approval were for the November 16, 1987, meeting. Chairman Brian Chaney noted the misspelling of his name in the second sentence of the first item. A motion was made by Bart Peddicord to approve the minutes with the noted correction to be made. This motion was seconded by Cecilia Wood. This motion passed with all in favor. CONDUCT A PUBLIC HEARING ON THE AMENDMENT TO ORDINANCE 8'f&.r-6O WHICH CREATED THE BENEQICT ESTATES PLANKD UNIT DEVELOPMENT& ADDING a TEMPORARY BUILDING FQR A SALES OFFICE AS AN AQDITIONAL PERMITTED USE: Chairman Brian Chaney asked Mr. Faires to comment an this item. Mr. Faires noted that the Planned Unit Development was designed to be a deviation of the normal zoning categories. Mr. Faires added that Benedict Estates which has now been changed to Stone Grove is in the PUD zoning and the ordinance which created the PUD permitted certain uses that were not allowed in the regular zoning ordinances. Mr. Faires told the commission that construction had begun on seven model homes by seven different builders who were not affiliated with each other except through the Stone Grove Builders Association. He also said that since our present zoning ordinance requires that a real estate office be in a model home these seven builders were requesting an amendment to this ordinance for a temporary sales office. Mr. Faires added that since this was a Planned Unit Development this request could be listed as one of the permitted uses. He also went on the say that since these homes were of the $125, 000 plus range and built by seven different builders to have a sales office in any one particular unit would give that builder an advantage over the others. Mr. Faires told the commission that he saw no harm in this request and that we should probably grant this amendment. Bart Peddicord asked Mr. Faires if he knew where they were going to put this sales office. Mr. Faires said it would be placed on lot 1009 W. Foxwood Lane. Chairman Brian Chaney asked what type of time restraint would be placed on these offices. Mr. Faires noted that the usual time restraint was two years. Cecilia Wood