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04-03-1986 (Planning & Zoning) Minutes - MINUTES PLANNING & ZONING COMMISSION THURSDAY, APRIL 3, 1986 The Planning and Zoning Commission for the City of Wylie! Texas met in regular session on April 3, 1986 in the Wylie Community Center. 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 Kent Crane, Vice-Chairman Brian Chaney, Ken Mauk , and Ben Scholz . Representing the city staff was Gus H. Pappas; City Manager , Roy Faires; Code Enforcement Officer , and Amanda Maples; Secretary. Those absent were Don Montgomery and bill Chapman. The meeting was called to order at 7: 00P. M. by Chairman Kent Crane. _ - Chairman Kent Crane asked -^ for any additions or corrections from the minutes. Vice— Chairman Brian Chaney asked that a correction be made to the spelling of his name in Item No. 1 , his name should be spelled Brian Chaney. He then made a motion to accept the minutes with this correction. Ken Maux seconded the motion. Motion carried 4-0. MCQRgRRX,8PAP - This property is described as 125 acres out of the J . Mitchell Survey, Abstract 589. It is the site of the Southfork Mobile Home park. The petitioner is asking for mobile home park zoning , which is the existing use. The staff has reviewed this petition and recommends approval . Chairman Kent Crane opened the public: hearing. Mr. Gilbert Welch asked if this piece of property had not already been zoned? Chairman Brian Chaney said that it had already been annexed into the City and was now comming before the board for zoning approval . City Manager Gus Pappas said that when this piece was developed it was out of the jurisdiction of any city and we annexed them to be able to control the sewage disposal and now that they are inside the City they must be zoned. There being no other questions or opposition the public hearing was closed and brought - before the board for discussion. Ben Scholz made a motion to accept the zoning request as presented. Vice-Chairman Brian Chaney seconded the motion. Motion carried 4-0. . ..... 1his property is described as 11Y. 1 acres out of the Nathaniel Atterberry Survey, Abstract 6 and is located on S. FM544 across from tme property known to us as the Finholt - _ property of the site of the proposed Lake Ray Hubbard Mobile Home Park. The petitioner is asking for SF3, 78. 5 acres; MF , 32. 2 acres; and Bl , 8. 0 acres of zoning on this tract. This request is compatable with the City ' s land use plan and the staff recommends approval . Chairman Kent Crane opened the public hearing. Mr . Dan Sefco was present , representing W. E. H. Realty , the owners of the property. He showed a drawing of the proposed layout of the subdivision. There being no other questions or opposition the public hearing was closed and brought before the board for discussion. City Manager , Gus Pappas felt that a good SF3 subdivision would upgrade the area. Chairman Kent Crane was concerned that there was not enough retail zoning due -to the large amount of SF homes in the subdivision. Mr . Sefco said that when planning this subdivision they felt that there was a limited need for retail in the area. Chairman Kent Crane said that he would like to make provisions for enough retail _ now so we would not have to strip-zone later. He felt that 6 or 7 acres on the other side of Springcreek Pkwy. would be sufficient. Mr. Sefco agreed with him and said that they ~- would do that. Vice-Chairman Brian Chaney made a motion to accept the zoning with 7 more acres of retail zoning on the other side of Springcreek Pkwy. in the MF section. Ken Mauk seconded the motion. Motion carried 4-0. %C HEAR This property is described as 2. 71 acres out of the Francisco de la Pina Survey , Abstract 688 and is located on E. Brown Street. It is made up of three separate small tracts. The City is initiating this annexation; however , after hearing of the City ' s intention , the owner of two of the tracts (Perry Easterling) has sent in a voluntary annexation petition. The City ' s reason is to deny access to property south of these tracts with City Jurisdiction. The staff recommends approval . Chairman Kent Crane opened the public hearing. There being no questions or opposition the public hearing was closed and brought before the board for discussion. Chairman Crane asked if this was a voluntary or an involuntary annexation. City Manager Gus Pappas said that Mr. Easterling has responded to the annexation favorably; however , the church has not responded at all . Chairman asked why we should annex the church? City Manager Gus Pappas said that there were some - code enforcement problems at the church. It seems that a lady has opened a day care center in the church where she is out of the City 's control . Vice-Chairman Brian Chaney said that Me did not have a problem with annexing the church and forcing them to comply with City regulations. Chairman Kent Crane said that for reasons of diplomacy he was against annexing the church. He would like to see the situation handled differently. Vice-Chairman Brian Chaney made a ' motion to accept the annexiation request as submitted. Ken Mauk seconded the motion. Motion was split 2 2. ON OF 5 ACRES ON,W,, FM5+� - This property is described as 5. 0 acres out of the Wm. Sachse Survey, Abstract 835 located on W. FM544 at Regency Drive. This property is owned by Mr. Roy Jacobs and was the site of the barbecue stand. The City had advised Mr . Jacobs some time ago that it would not be interested in annexing this property until that lot was cleared off . Mr. Jacobs has now taken care of that and the annexation is appropriate. The staff recommends approval . Chairman Kent Crane opened the public hearing. There being no questions or opposition the public hearing was closed and brought before the board for discussion. Chairman Kent Crane asked if this was a voluntary or an involuntary annexation. City Manager Gus Pappas said that it was involuntary. Chairman _ Crane then asked why Mr. Jacobs cleared off the property. City Manager Gus Pappas said that he had a BBQ stand on his property with no water or sewer and it would not meet Our- health codes. Once Mr. Jacobs was annexed he would have to bring it up to our standards. His mobile home also would not meet our codes. He decided that it was in his best interest to cooperate with the City and make his land more valuable to sell . Ben Scholz made a motion to accept the annexation. Vice-Chairman Brian Chaney seconded the motion. Motion carried 4-0. ON ANNEX F"QZB - This property is described as 23. 49 acres out of the C. Atterbury Survey, Abstract 22 and is located on the east side of FM1378 at the corner of FM1378 and FM3412. It is the site of the cotton gin. The City initiated this annexation to firm the City 's borders on that corner . The owner , Bobby Abbott , came in to city hall and stated his intention of filing a voluntary annexation petition. He is not opposed. The staff recommends approval . City Manager Gus Pappas said that this is an involuntary annexation but Mr. Abbott is not strongly opposed. Chairman Kent Crane asked , then why, are we annexing him? City Manager Gus Pappas explained that Mr. Abbott is the only one in the area that is not annexed and he is currently using an unapproved water district line. Mr . Pappas went on to say that Mr. - Abbott is currently conducting business and that as it stands now he could do anything he wanted to with that property. Ben Scholz stated that he had spoken with W. Abbott earlier in the week and that Mr. Abbott had commented to him that he was going to file a petition for annexation. Ken Mauk made a motion to accept the annexation. Ben Scholz seconded the motion. Motion carried 4-0. - _ HEARING QN,ANNEXATION OF ACRE.q_.PN_._jq,,. ��78 - This property is described as 2. 0 acres out of the Duke Strickland Survey, Abstract 841 and is located on the east side of S. SH78 and is the site of the mobile home sales lot. The City is initiating this annexation to firm up that line along SH78. We have had no word of opposition from the owner , Gary Roddy. The staff recommends approval . Chairman Kent Crane opened the public hearing. Mr. Gilbert Welch commented that he would like to see this kind of activity being controled along the corridors to our city. There being no other questions or opposition the Public- hearing was closed and brought before the board for discussion. City Manager stated that another reason for annexing this property is that the City currently does not receive any sales tax from this business. Vice Chairman Brian Chaney stated that if Mr. Roddy felt that this annexation was detrimental to him, he would be here to oppose it. Ben Scholz made a motion to accept the _ annexation. Ken Mauk seconded the motion. Motion carried 4-0. —' This property is described as 43. 36 acres out of the James McUlmurry Survey, Abstract 629 and is located on the east side of FM1378 north of the Birmingham Farms. This annexation was initiated by the City; however , one of the owners has stated his intention of signing a petition for voluntary annexation and is not opposed to this action. The staff recommends approval . Chairman Kent Crane opened the public hearing. City Manager Gus Pappas said that this is the only piece in that area that has not been annexed into the City. They have now said that they would probably send in a voluntary annexation request but we don 't have it at this time. There being no other questions or opposition the public hearing was closed and brought before the board for discussion. Chairman Kent Crane asked if there was a tax basis for agg. zoning. City Manager Gus Pappas said that there was very little. Chairman Crane then asked , why we should force annex this land? City Manager Gus Pappas said that we are doing it to control the zoning in this area. It is an attempt to control our own destiny. Brian Chaney made a motion to accept the annexation. Ken Mauk seconded the motion. Motion carried 4 0. _ HEARING ON - This property is described as 456 acres out of the O. Shelby Survey, Abstract 799; the Leroy Farmer Survey, Abstract 334 and the J . J . Turnham Survey, Abstract 919 and is located east of FM1378 north of Parker Road and fronts on Lake Lavon. This property is commonly referred to AS the Caruth property. The staff has reviewed this petition for annexation and recommends approval . City � Manager Gus Pappas commented that this is a voluntary annexation. The frontage of this property is in the ETJ of St. Paul . We are contiguous with this property and it is in our. ETJ . This man has come forward to request annexation because of sewer , water , police protection , his homes can be inspected by City Inspectors and he can get V* and FHA financing. The City of St. Paul has none of this to offer him. Chairman Kent Crane opened the public hearing for discussion. There being no questions or opposition the public hearing was closed and brought before the board for discussion. Chairman Kent Crane commented that taking this step would mean that we would be surrounding St. Paul 's border , we would be land locking them. City Manager Gus Pappas stated that this is an individual that is requesting to be in the City of Wylie. If we deny him then we will be releasing him. His becomming a part of Wylie will increase his property value. Ben Scholz asked , if the total cost of the water and sewer line to his property would be burdened _ completely by the developer. City Manager Gus Pappas said that the total cost would be burdened by the developer . Chairman Kent Crane said that if we waited several years to ~~ annex him, he would still be in our ETJ , so why would we be releasing him. City Manager Gus Pappas stated that , if an individual requests annexation and he is turned down then the City would be releasing him and he would be free to go anywhere and request annexation. He could even create his own utility district if he wanted to. Mr. Pappas went on to say that it was his guess that Wylie would some day be supporting the City of St. Paul with water and sewer anyway because St . Paul it too small to be self supporting. Ben Scholz stated that he came ready to disapprove of this annexation but with the idea of releasing him and him going somewhere else to make a profit , he would perfer to have some control over it at this point. Vice-Chairman Brian Chaney commented that we could always deannex it in the future if it turns out to be a bad idea. Vice-Chairman Brian Chaney made a motion to accept the annexation . Ben Scholz seconded the motion. Motion carried 4-0. ITEM ANNEX AT ION OF 9,_SHL7@ - This property, is described as 2. 09 acres out of the Francisco de la Pina Survey, Abstract 688 and is located on the north side of E. SH78 at the entrance to Lake Lavon. It is the site of the junkyard up there. The City is - initiating this annexation in order to have some jurisdiction on the proliferation of this type of business. The business will be grandfathered; however , the City does have the power to force a clean-up and compliance with the City 's ordinance regulating this type of enterprise. The staff recommends approval . City Manager Gus Pappas stated that this was and involuntary annexation. Chairman Kent Crane opened the public hearing. There being no questions or opposition the public hearing was closed and brought - - before the board for discussion. Chairman Kent Crane said that this is the A&A Junk Yard at the entrance to Lake Lavon. He asked what would be required of A&A? City Manager Gus Pappas said that they will have to comply with City Regulations. Code Enforcement Officer Roy Faires stated that among other things this includes a 10 ft. opaque fence around his property. Ben Scholz made a motion to accept the annexation as submitted. Vice-Chairman Brian Chaney seconded the motion. Motion carried 4-0. ITEM NO. I EAR 6 ZONING ACRES PM511 - City Manager Gus Pappas stated that he had reczeved a message earlier in the week that this item should be tabled. Ben Scholz made a motion to table Item No. 11 . Ken mauk seconded the motion. Motion carried 4-0. _ The developer , Benedict Development Corp. , is asking for a replat of this 12 acre center section in order to accomodate - a single land user . The engineering staff has reviewed the replat and recommends approval . City Manager Gus Pappas stated that the replat changed the lots on the property from 6 small lots to 2 large lots. He went on to say that this was more of a retail layout than and industrial layout. Also, that ail of the required streets, drainage, and ect. have already been approved and accepted by the City. Ken Mauk made a motion to accept the replat. Vice-Chairman Brian Chaney seconded the motion. Motion carried 4-0. INDU AL PA K This property is located on Hooper- Rd. south of FM544 and is adjacent to the Regency Business Park. The engineering staff has reviewed this plat and recommends approval . City Manager Gus Pappas stated that Mr. Helmberger would like to sub-divide this tract of land. He has dedicated easements and has participated in storm drainage. He has conformed with all of the City 's requests. The staff recommends approval . Vice-Chairman Brian Chaney made a motion to accept the plat. Ken Mauk seconded the motion. Motion carried 4-0. — lBUSINESS paRK - This tract is located in what we have always referred to as Steel Industrial Park. This final plat represents a change from the preliminary plat. The engineering staff has reviewed the plat and recommends approval . City Manager Gus Pappas stated that the origional plat had been approved but the costs were too high and this configuration is more cost efficent . The staff has no problem with it. Ken Mauk made � _ a motion to accept the plat. Ben Scholz seconded the motion. Motion carried 4-0. ITEM "Q�­ PARK. PHASE - This property is located directly adjacent to Steel Industrial Park. The engineering staff has reviewed this plat and recommends approval . City Manager Gus Pappas commented that this plat configuration had to be changed because TP&L wanted to change their easement . The staff recommends approval . Vice-Chairman Brian Chaney made a motion to accept the plat. Ken Mauk seconded the motion. Motion carried 4-0. This property is located on +P113/8 and is a 30 acre tract that is adjacent to Lake Ranch Estates. The engineering ~ staff has reviewed this plat and recommends approval . Mr. McKnight was present with a proposed drawing of this sub- division. Mr. Gilbert Welch was present to speak on behalf -~ of the Ranchettes. His concern was with the garbage pick up and the fact that one road is a dead-ends at Lake Ranch Dr. He felt that a cul-de-sac would look better and be much more efficent. Mr. McKnight disagreeded with Mr. Welch saying that cul de-sacs are a real problem for land use and drainage. He went on to say that garbage would be picked up in the front where there was no alley. Chairman Kent Crane asked about the status of Lake Ranch Dr. City Manager Gus Pappas said that it was and undedicated , unimproved , sub- standard road that the City would not approve today. Ken Mauk made a motion to accept the plat. Vice-Chairman Brian Chaney seconded the motion. Motion carried 4-0. Chairman Kent Crane asked for a motion to adjourn. Vice-Chairman Brian Chaney made a motion to adjourn. Ken Mauk seconded the motion. Motion carried 4-0. ---7=�-��------ r-- -- Crane,~f�*ai man Planning & Zoning Commission ^ Respectfully Submitted: Amanda Maples, Secretary