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08-06-1987 (Planning & Zoning) Minutes PLANNING AND ZONING COMMISSION MEETING - MINUTES 7: 00 P. M. AUGUST 6, 1987 The City of Wylie Planning and Zoning Commission met in regular session on Thursday, August 6, 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, Bart Peddicord , Cecilia Wood, Marty Stovall , Bobby Skipwith, and R. P. Miller, Code Enforcement Officer Roy Faires , City Secretary Carolyn Jones , Acting City Manager James Johnson. Mr . Ben Scholz was absent . ADMINISTER OATH OF OFFICE: City Secretary Carolyn Jones administered the oath of office to Cecilia Wood, Bart Peddicord, and Marty Stovall . Chairman Brian Chaney welcomed the new members to the board . APPROVAL OF MINUTES: The minutes submitted for approval were for the July 16th and July 23rd meetings . Chairman Brian Chaney corrected his statement on the July 16th minutes of the zoning of the Pendry tract . Mr . Chaney stated that he did not say "has always gone with cluster zoning" but that he said "has been using cluster zoning" . There being no other corrections or additions to the minutes , a motion was made by Cecilia Wood to approve with noted correction. Seconded by Bobby Skipwith. This motion passed with all in favor . PUBLIC HEARING ON REZONING OF LOTS 1-6 , N 1/2 OF 7 , 8 & 9 , BLOCK 28 , RAILROAD ADDITION: The request for zoning is for a Planned Development . The current zoning is for multi- family. This is a Developmental Plan and it will not come back to Planning and Zoning again . Roy Faires , Code Enforcement Officer , stated that this property is located across from the Wylie Cemetery. The Funeral Home is located in the downtown area today and there is a problem for them with the parking . The present owners have gone before the Zoning Board of Adjustments , as the City' s Ordinance for Planned Development stated you must have five (5) acres and this does not have the five (5) acres . The Zoning Board of Adjustments granted the variance for a Planned Development Zoning for a new Funeral Home in this area. There is approximately 4 ,000 square feet of building . The front of the building will face Masters Street . Staff will be supportive of this request . Chairman Brian Chaney reminded the board that this was a Development Plan and it would only come before the board this one time. Chairman Brian Chaney opened the public hearing. There was a question about the fence that would need to go around this area. Mr . Faires stated it would have be fenced due to the single family homes adjacent to it . Chairman Brian Chaney stated this would be an opaque fence. Mrs . Allen wanted to know if they could put in shrubbery instead of a wooden fence. Mr . Faires stated no, that they would have to have a fence. There being no other questions , the public hearing was closed . APPROVAL OF THE RECOMMENDATION OF REZONING OF LOTS 1-6 , N 1/2 OF 7 , 8 , & 9 , BLOCK 28 RAILROAD ADDITION: Mr . Stovall wanted to know if there was a creek behind this property. Chairman Brian Chaney stated no, there is some drainage. It was noted for record that the city staff mailed out fifteen (15) letters and four (4) were returned in favor . Mr . Miller asked about the parking and was there enough. Mr . Faires said there is more than enough parking , and that the plans shows thirty-four (34) parking spaces . Mr . Skipwith stated that when he accepted this position on this board, he said he would do what was best for the City of Wylie . I believe this is something that is needed and will be an asset . A motion was made by Mr . Skipwith to recommend to the City Council approval of this Planned Development . Seconded by Mr . Peddicord . This motion passed with all in favor . APPROVAL OF RECOMMENDATION OF AMENDMENT TO IMPACT FEE ORDINANCE: Mr . Faires stated that this amendment was in connection with the new Senate Bill that was just passed . Mr . Skipwith stated that before this Senate Bill was passed , these fees would only be used for improvements . Mr . Faires said yes , but now these fees can be used for the engineering cost and the research study. James Johnson , City Manager stated that the new law will actual force cities to do better planning . I think the City should act speedily and put this plan into force. This bill forces cities to do long term planning . Mr . Stovall wanted to know if this law applied to all cities , or just cities with impact fees . James Johnson, City Manager , said only the cities that have an impact fee. Mr. Peddicord wanted to know if Council would have to approve the monies being spent . James Johnson City Manager said yes. Motion was made by Mr . Miller to recommend approval of the amendment to the Impact Fee to the City Council. Seconded by Mr . Stovall . This motion carried with all in favor . APPROVAL OF RECOMMENDATION OF FINAL PLAT FOR WOODLAKE VILLAGE: Mr . Roy Faires stated that this plat does comply with all the City Ordinances and complies with what the preliminary plat showed . Staff does recommend approval . Motion was made by Mr . Peddicord to recommend approval of the construction plans of the final plat of Woodlake Village to the City Council . Seconded by Mrs . Wood . This motion carried with all in favor . APPROVAL OF RECOMMENDATION OF PRELIMINARY PLAT FOR WESTGATE INDUSTRIAL PARK: Mr . Faires stated that this will divide the Westgate Industrial Park and will have a thoroughfare through the middle of the property. This maybe the site for the new post office . This thoroughfare does comply with the City Ordinances and thoroughfare plans . Mr. Jerry Lands , who is representing the owners , stated that when this thoroughfare is completed , it will connect the FM 544 and FM 3412 and will also connect the water and sewer system in this same area. A motion was made by Mr . Stovall to approve the recommendation of the preliminary plat for Westgate Industrial Park to the City Council . Seconded by Mr . Skipwith. This motion carried with all in favor . PRESENTATION BY BARON COOK: Chairman Brian Chaney asked Mr . Faires to give an introduction to what Mr . Cook was presenting . Mr . Faires stated that Mr . Cook did not want to talk about Canterbury Hill per-say, but about the rules and regulations in the City' s Subdivision Ordinance for the ETJ areas . Mr . Faires stated that the council does have the authority to extend the Subdivision Ordinance into the ETJ areas . Mr . Faires also stated that the City Staff and all the City Boards have enforced these rules and regulations . Mr . Cook said the result he is seeking is to get the Subdivision Ordinance amended . I do not have a problem with the Subdivision Ordinance, except when it is governing the ETJ areas . The problem that is arising is that Wylie has a large ETJ and services are not extended out to these areas yet . Today I have property in Branch, if I developed this property, I would have to comply with Wylie' s ETJ rules and yet Wylie can not serve this area . Mr . Cook stated that if a developer has a piece of property in Wylie ' s ETJ and there is another water company, why can' t this company service the water. Mr. Faires stated that a developer could use an existing water service, but would have to bring the lines up to standard. Mr . Cook said the point is there is already a 6" water line and yet your Ordinance said an 8" water line. Why should the developer have to put in another line . Mr . Cook also stated that there was no sewer in the area and why should a developer have to lay sewer lines , when it is not feasible . Mr . Cook also stated that this was a lot of cost , but it the Council so wishes , he would do it . Mr . Cook then addressed the roads in the ETJ. Why should the developer have to put in concrete streets or money in lieu of these streets when everything in the area is done in asphalt . Why should the developer have to put in a large street than what is already there. Chairman Brian Chaney said the reason for the larger water lines is to build for the future . In ten years, we do not want to have to come back and put in larger lines with City funds just because we did not do our planning . The sewer is required so that when sewer gets to this property, all the property owners have to do is kill the septic system and tap into the main sewer line. Chairman Chaney then stated that the perimeter street fees are required and that the developer either put in the street or money in lieu of the street. This is done to protect the citizens from having to pay for this street later with a bond issue. Mr . Faires stated that part of what has been presented the City would have no problems with. Mr . Faires also stated that the State requires a certain size line for fire protection , and these requirements are for the future and is the best way to protect our citizens . Just because property is in our ETJ does not mean it want be in our City within a few years . Chairman Chaney stated that we are planning and future planning is important , I believe that these items in our Subdivision regulations in regards to the ETJ are fair and just. Mr . Cook stated that the way the City Ordinances are set up, he is restricted in developing . Mrs . Wood asked how long he has had this property. Mr . Cook said since in the 70 ' s when he purchase the land for Beaver Creek. Mrs . Wood asked if he knew that some of the people in Beaver Creek are not satisfied with their water supply. Mr . Cook said no . Mr . Faires stated that the road in his subdivision would not be consider a perimeter street because it goes through the middle of the property. Mr. Cook would have to put in the entire street . Mr . Skipwith asked the width of the pavement . Mr. Faires said in the beginning it was stated to be 44 ' of concrete, but I believe 37 ' of concrete is all that is needed. Mr . Stovall stated that when all the streets in the area are asphalt , why want the city let the developer put in asphalt streets. Chairman Chaney said because of the City Ordinance. Mr . Cook said he is only wanting to amend the ordinance to state that if the area in question already has water lines and roads , then do not make the developer tear out these and put in new ones . Chairman Chaney stated again that he feels the rules and regulations for the ETJ areas are fair and just . Mr . Miller said he feels that the ordinance should be up held as written. Mr . Stovall stated he did not have a problem with the water and sewer lines , but he likes to see consistency within the area and if it has asphalt streets , why put in concrete streets . Mr . Faires said the job of this board is to look for tomorrow. Is there going to be future development that will bring more traffic . I believe in the future that this street will bring people through connecting with I-30 . Mr . Stovall stated that in consideration of development , if the street is not a major thoroughfare than asphalt should be allowed . Mr . Peddicord said that regulations have been set up by past boards and this board should not make an exception . Chairman Chaney said he feels the ETJ requirements meet the needs of the City at this time. There being no other business , a motion was made by Mrs . Wood to adjourn. Seconded by Mr. Peddicord. This motion carried with all in favor . ✓f l £ Brian Chaney, Chairma of Board Respectfully Submitted: aa1 oly^ o, s, ' ty 21"Secretary V