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07-16-1987 (Planning & Zoning) Minutes _ MINUTES PLANNING & ZONING COMMISSION REGULAR MEETING THURSDAY JULY 16, 1987 The Planning and Zoning Commission for the City of Wylie, Texas met in a Regular Meeting on July 16, 1987 in the Community Room at 800 Thomas Street. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were: Chairman Brian Chaney, Vice-Chairman Ben Scholz, Bobby Skipwith and R. P. Miller. Representing the city staff was Roy Faires, Code Enforcement Officer and Amanda Maples, Secretary. ITEM_NO,__1_=__CONSIDER APPROVAL OF_MINUTES - Bobby Skipwith made a motion to approve the minutes. Ben Scholz seconded the motion. Motion carried 4-0. ITEM_NO0__2_7__CONDUCT -PUBLIC__HEARING_ON_ THE REQUEST__FOR REZONING_OF__TRACT_16,__BIRMINGHAM_FARMS__LAND_ FROM 2F__TO PLA��NED_UNIT _DEVELOPMENT - Mr. Faires stated that this item had been withdrawn from the agenda at the request of the _- developer. ITEM NO. __3_7__CONSIDER_RECOMMENDATION_OF_REZONING TRACT_1Q BIRMINGHAM_FARMS _F�OM_2F_TO_A_PLANNED_UNIT_DEVELOPMENT - No action was taken on this item due to the fact that item 2 has been withdrawn from the agenda. Mr. Faires addressed the Planning and Zoning Commission informing them of the action that the City Council had taken on Tract 17, Birmingham Farms. He said that the Planning and Zoning Commission had recommended approval of the SF3 tract. However, the City Council had tabled any motion on the tract. The City Council is presently displeased with the amount of SF3 developing in Wylie and is looking toward more SF2 zoning. Council considered granting SF2 zoning but there was a discrepancy as to whether granting the SF2 zoning would be considered "Down Zoning" which is illegal and the item was tabled for further consideration. ITEM_NO�__4_��__CONDUCT_PUBLIC__HEARING_ON__THE__REQUEST__FOR MULTIPLE_ZONING ON_183^ 4_ ACRE TRACT,__LOCATED__WITHIN__THE FRANCISCO_DE__LA_PINA__SURVEY�_ABSTRACT_ NO. 688 - Chairman Brian Chaney opened the public hearing to anyone who wished to speak for or against this item. _ -- Mr. Roy Wilshire of PAWA Winkelman came forward representing the Pendry family. Mr. Wilshire said that this is the balance of about 1800 acres of which most was purchased by the Corp of Engineers. On the property their is a north south road which is the realignment of Eubanks Road and an east west road which is the proposed Spring Creek Parkway. The property is bounded on the west by the lake, on the east by the Corp of Engineers and Eubanks Road, on the south by the Railroad and North Texas Municipal Water District and on the west is a tract of undeveloped land. This tract was annexed into the City of Wylie in December of 1986 and is presently zoned "A. " We are asking for a combination of uses. We are providing for Spring Creek Parkway, the realignment of Eubanks Road, a single family buffer to protect Glad Acres, on the east and west commercial uses and at thoroughfare crossings and residential uses to cover over 2/3 of the property. The Industrial tract is bounded on the south by the railroad and on the north by Spring Creek Parkway. The red area is B1 zoning adjacent to the Industrial use. Tract 7 and 8 by Spring Creek Parkway, we are asking for B2 zoning. The orange area is SF3 and the yellow area is SF2. The Pendry family owns the peninsula next to the SF2 which is presently zoned "A" and is unplated at this time. The remaining 12 _. acres we anticipate as a MF use. We are prepared to dedicate right of ways quickly to allow the roads to be constructed by the County. The SF areas are a first draft of the subdivision layout- backing the houses up to Spring Creek Parkway with 2 primary entrances from Spring Creek Parkway and a main collector, serving the tract. We are excited and anxious to move forward with this project. Mr. Faires stated that the tract speaks for itself. Mr. Wilshire has made a good presentation. This proposal meets the theory of our cluster zoning although, it does not comply with the land use plan, which is changeable. Keep in mind the action of the Council on the last plat sent forth with SF3 zoning. There is a great deal of SF3 in that particular area and I don' t know how the Council would feel about this much SF3. Mr. Faires asked Mr. Wilshire if they had decided to put the deed restrictions on the SF3 as they had discussed and if so, what house size. _ Mr. Wilshire said yes they would be willing to commit to that at 1350 sq. feet. - Mr. Drummin of 1700 Skyview came forward saying that most of the zoning is based on the proposed right of way of Spring Creek Parkway. Has that location been finalized? Mr. Faires said that Spring Creek Parkway can be located anywhere if the City and the County so decides. Mr. Drummin said that the SF3 houses interface his property which is 1. 2 acres with a 1500 ft. house. That is the point I wanted to make, that these houses are interfacing much larger lots and I wonder if SF3 is enough buffer. There being no further discussion Chairman Brian Chaney closed the public hearing. ITEM_NO,__5_=__CON5IDER_RECOMMENDATION_OF_MULTIPLE_ZONING_ON 183.4_ACRE__TRACT,_LOCATED__WITHIN_THE__FRANCISCO_DE_LA_PINA SURVEY�_ABSTRACT_NO�_688 - Bobby Skipwith asked if they were proposing to change the house size of all of the SF3 zoning. Mr. Faires said, "yes. " Bobby Skipwith said that Spring Creek Parkway seemed to be a small buffer between the SF3 and the Industrial zoning. � Mr. Faires replied that Spring Creek Parkway has a 100 ft. right of way. Mr. Wilshire said that Spring Creek Parkway actually has a 120 ft. right of way and it is important for the houses to back up to that thoroughfare and that there will be landscaping on the Industrial tract. The current ordinance only calls for a 20 ft. setback for Industrial property which, through the plating process we plan to increase that and I believe there has to be a wall. Chairman Brian Chaney said that the Planning and Zoning Commission has always gone with cluster zoning as opposed to strip zoning. Roy mentioned the density of the SF3, a developer came before us wanting large homes on small lots and it was granted. He deed restricted and the large lots sold first and the small lots did not sell. We are not here to evaluate the sell ability of these lots. Deed restrictions are his economic decision. Mr. Faires said that the City would not enforce deed restrictions, that is the Civil Courts duty. He went on to say that for some years we have felt as you do about buffer zoning. In the past we have used duplex zoning but in the __ last year all of the duplex zoning has come back before us � wanting to change the zoning because the duplex lots are not marketable. It makes no sense to buffer with duplex zoning when it will only be changed, for now the SF3 zoning is the best buffer zoning that we have available. Chairman Brian Chaney suggested that the Commission take one tract at a time and deal with the zoning in that fashion. Tract 1 - No problem. Tract 2 - Change to all SF2. Tracts 6, 7, 8 & 9 - Change to all SF3 on tracts 6 and 9. Tracts 7 and 8 leave as requested. Tracts 3, 4 & 5 - Change tract 5 bringing B1 down all the way to the railroad tracts and put Industrial on tracts 3 and 4. Vice-Chairman Ben Scholz made a motion to grant the zoning as follows: Tracts 1 and 2 - SF2 Tract 3 - Industrial Tract 4 - amend the lower corner to B1 and the rest Industrial _ Tract 5 - B1 Tract 6 SF3 Tract 7 - B2 Tract 8 - B2 Tract 9 - SF3 R. P. Miller seconded the motion. Motion carried 4-0. ITEM_N& 6 -_ CONDUCT PUBLIC__HEARING_ON THE__REQUEST__FOR SpECIFIC USE PERMIT TO OPERATE A PAWN_SHOP ON 1 ACRE_TRACT OUT_OF_FRANCISCO DE LA PINA SURVEY, A-688 (COMMONLY KNOWN_AS HOME_TOWN_ FURNITURE,_INC.} - Mr. Faires said that this is a proposal for a pawn shop in and Industrial zone. These people have applied to the state for license and I have informed them that they need a Specific Use Permit to operate a pawn shop in this zoning. Chairman Brian Chaney opened the public hearing for anyone who wished to speak concerning this item. Mr. N. C. Jefferies with Home Town Furniture, Inc. said that at this time they had 3 stores. One store is leased and there are two buildings on this 1 acre tract that are not leased. We have checked with the state about getting licensed to operate a pawn shop. There is no problem in _ getting the license but due to the time involved and the expense we wanted to see if you would allow us to get the Specific Use Permit before we embarked further on this project. _ There being no further questions or opposition Chairman Brian Chaney closed the public hearing. ITEM_NO,_7_7_CONSIDER_RECOMMENDATION FOR SPECIFIC USE_PERMIT TO OPERATE A PAWN SHOP ON 1_ACRE_TRACT_OUT_OF_FRANCISCO_DE LA PINA__ SURVEY,_ A-688 {COMMONLY__KNOWN AS__HOME TOWN FURNITURE,_INC0} - Mr. Faires said that a Specific Use Permit could be and annual permit, restricted to the present owner and reviewed annually. Ben Scholz asked if large items such as boats and trailers could be stored outside. Mr. Faires said that outside storage was permitted in this zoning. Chairman Brian Chaney said that they could not use the parking spaces for that but he could store it on the side or in the back. Ben Scholz made a motion to grant the Specific Use Permit to be restricted to the present owner and that it should be an annual permit and reviewed each year. Bob Skipwith seconded _ the motion. Motion carried 4-0. ITEM_NO�__8_�__CONSIDER APPROVAL__OF_FINAL_PLAT_FOR_CALDWELL ADDITIOA_090__1"_LOT__A - Mr. Faires stated that this is the property contiguous with the Police Station, it adjoins Jackson Street and is the proposed site of McDonald ,., Restaurant. The plans have been reviewed by the City Staff. This plat has met all of the requirements of the City of Wylie standards and the staff recommends approval. Chairman Brian Chaney asked Mr. Faires how this property is plated. Mr. Faires said that it is railroad property. The streets across the railroad property are not dedicated they are just prescriptive easements and we can' t get the dedication until the property is plated. Chairman Brian Chaney asked if the utilities shown on the plat were already existing. Mr. Faires said "yes and they have granted easements so that the City can maintain the utilities. " _ Chairman Brian Chaney asked what the current zoning of the property is. - Mr. Faires said that it is zoned B1. R. P. Mi1ler made a motion to approve the Final Plat as presented. Bob Skipwith seconded the motion. Motion carried 4-0. ITBM_NO�__9_��_ADJOURN - R. P. Miller made a motion to adjourn the July 16, 1987, Regular Meeting of the Planning and Zoning Commission. Bob Skipwith seconded the motion. Motion carried 4-0. -��------I��---- -- --- - Brian Chanlx, Cha rman Respectfully Submitted : ---------------------------- Amanda Maples, Secretary ^- _