07-03-1986 (Planning & Zoning) Minutes _ MINUTES
PLANNING & ZONING COMMISSION
THURSDAY, JULY 3, 1996
The Planning and Zoning Commission for the City of Wylie,
Texas met in regular session on July 3, 1986 in tne 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,
;ice-Chairman Brian Chaney, Ben Scholz , Bill Chapman , Fred
Ouellette, and Ken Mauk. J. F. Hall was absent.
Representing the city staff was Gus H. Pappas, City Manager;
Roy Faires, Code Enforcement Officer ; and Amanda Maples,
Secretary.
The meeting was called to order at 7: 00P. M. by Chairman Kent
Crane.
ITE]M-_�U0............._1--'�........�.P9qR{�/.AL`'_OF . - Vice-Chairman Brian
Chaney said that J. F. Hal l ' s name needed to be corrected in
Item No. 1 of the minutes of the June 26, 1986 meeting.
Vice-Chairman Brian Chaney then made a motion to accept the
minutes with this correction. Ken Mauk seconded the motion.
Motion carried 5-0.
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ITEM 1���-�'
Mr. Capelle was representing a group of homeowners in Rustic
Oaks who feel that the development just south of the single-
family residential area of Rustic Oaks was misrepresented to
them at the time that they bought their property. They feel
that the salespeople deliberately led them to believe that
the area now zoned MF was to be single family with a
greenbelt'' to the rai lroad tracks. T hey requested that
this area now zoned for MF be changed , by the City , to
reflect the zoning they believed to be in effect when they
bought their property.
Mr. Capelle presenred the Planning & Zoning Commission with
a petition signed by about 94% of the residents in the
Rustic Oaks Subdivision. He stated that the residents of
Rustic Oaks feel that the MF zoning would be detrimental
both to the City of Wylie and to their subdivision for the
following reasons:
1 . The streets are inadequate to support the increased flow
of traffic.
2. l'he City of Wyl ie ' s tax base would diminish due to the
— fact that the homeowners property value would diminish or at
best would stay the same instead of escalate.
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_- 3. [here would be an increase in the crime rate.
4. The schools are inadequate and cannot support the
increased number of children.
Chairman Kent Crane stated that 3 years ago the Planning &
Zoning Commission dealt with this area, our responsibility
to the citizens begins when this is all wheat fields. We
use buffers to protect certain zonings. In this case we
have used 1 row of SF, 1 row of 2F (duplex ) and a
thoroughfare as a buffer. City Manager Gus Pappas said that
the City of Wylie would be in serious legal jeopardy if they
attempt to rezone this piece of property to SF use. The
term is "Down Zoning" and the property owner would be
entitled to treble punitive damages because he has gone
through all of the proper legal channels to secure his
zoning. I can find no avenue where the City can change
this. Chairman Kent Crane said that the Planning & Zoning
Commission had worked and debated for a long time on this
when they zoned it and that they did not want SF by the
railroad tracks or SF by an industrial use. They were even
concerned about having apartments by the railroad tracks but
this is what they came up with and I am comfortable with it .
Mr . Capelle said that the homeowners of Rustic Oaks is only
asking that a public hearing be held on this to re-zone it.
City Manager Gus Pappas stated that if 1000 people showed
— up at a public hearing to re-zone this, it wouldn 't matter .
The effect of re-zoning this would cost each one of us an
increase in our taxes to pay for the lawsuit . Chairman Kent
Crane said that we are sympathetic but we have a set of
guidelines that we must follow and people have to live in
apartments. Their is nothing we can do.
Bill Chapman made a motion to leave the zoning as it is.
Vice-Chairman Brian Chaney seconded the motion. Motion
carried 6-0.
HEARING
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This property is described as 10. 4996 acres out of the
Francisco de la Pina Survey, Collin County Abstract 688 and
is located on E. SH78 in front of Wylie Ranch East. The
petitioner is asking for B1 zoning. The staff has reviewed
the request and recommends approval .
Chairman Kent Crane opened the public hearing. Their being
no questions or opposition the public hearing was closed and
brought before the board for discussion.
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Vice-Chairman Brian Chaney asked City Manager Gus Pappas if
their was any way to force the builder to put in some retail
zoning since this was such a large area for B1? City
Manager Gus Pappas replied that you will probably have a
mixture anyway because at some later date someone would want
to increase the zoning. A representative of the property
responded that he had spoken with some fast food chaines and
they did not want any outside sales in the area. Fred
Ouellette said that he would rather zone the tract retail
and at a later date if someone wanted 131 then we could
decide at that time. Chairman Kent Crane said that if
someone goes in with retail and later we zone back to B1 we
would be stripping the retail of their protection. He felt
that this should be zoned with the thought that this is how
it will always be. City Manager Gus Pappas stated that the
reason to differentiate between B1 and retail is so that
when you have a residential area you can restrict business
to a small compact use such as retail . However , along a
highway your restrictive use is not zoning 82.
Ben Scholz made a motion to accept the B1 zoning. Bill
Chapman seconded the motion. Motion carried 5-1 .
HEAR IN!q.-PN -
'-- This property is located at the triangle formed by S.
Ballard, Stone Road and S. Birmingham. It is currently
designated as 2F (duplex ) . The petitioner is requesting re-
zoning to PD (planned development) and is submitting a plat
with this proposal as required by our Subdivision ordinance.
It is his desire to build zero lot line houses on this
tract .
City Manager Gus Pappas commented that the request is to
consider changing from the existing duplex to a planned
development. This is the first step and it is the concept
plan. You may discuss the concept in greater detail than an
ordinary plat . You will see a planned development come
before you twice as opposed to three times for a regular
plat.
Chairman Kent Crane opened the public hearing. Mr . Michael
Cummings the Project Engineer came forward to represent
Bobby Rhone the owner of the property. He said that they
are only asking to change the type of unit , instead of
duplexes they want to build single family, zero lot line
garden homes. He went on to say that the interest in
duplexes has been small and that these would look like
regular houses with rear entry garages. He wants to meet
all of the building code requirements for duplexes except
— that these houses would be 10 feet apart instead of 12 feet
for duplexes.
-- Mr . Gary Roddy , owner of the property 500 ft. South of the
property now zoned 2F said that he was opposed to having
900 sq. ft. houses so close to his property which is zoned
SF,.-I.. He said that he had no objection to zero lot line
houses if the size of the home is more compatible to the
surrounding zoning.
Chairman Kent Crane closed the public hearing and brought it
before the board for discussion. Mr. Roy Faires said that
some things to consider were off street parking , fencing ,
and fire protection. City Manager Gus Pappas said that some
other things to consider were asking the developer to
indicate that he intends to comply with the building codes
in the Sub-division Regulations , request the builder to
specify on the concept plant that on the zero lot line side
of the house their will be no windows or doors , ask the
builder to define how the homeowners will fence their
property, and request that the builder be required , at all
times, to display a sign on the premises stating that these
are zero lot line homes. Also, you should consider tonight
either ending this and the developer can go ahead and build
his duplexes or tell the proposed developer what you want to
see changed and approve or deny the request based on these
changes.
Mr. Cummings stated that they would meet the building codes
~- in the Sub-division Regulations, their would be no windows
or doors on the zero lot line side of the homes, they would
be agreeable to 1200 sq. ft. housing and to fencing the
lots. Chairman Kent Crane said that this would open a door
to some more affordable housing in an owner type situation.
The other options are apartments, mobile home parks and
duplexes. This will no longer be a rental neighborhood it
will be an owner occupied neighborhood. Mr. Roddy stated
that he would withdraw his opposition if the builder would
build 1200 sq. ft houses.
Vice-Chairman Brian Chaney made a motion to accept the PD
zoning with the following 10 changes.
1 . The builder would meet a 10 ft. minimum requirement
between houses.
2. Each house will have a minimum of 120O sq. ft. living
space.
3. The homes are not attached and will be built uniformly
with one wall on a lot line.
4. The builder will be required to fence each property with
a 6 ft. wood fence prior to issuing a certificate of
— occupancy.
-~ 5. The builder will meet the building code requirements for
SF3 housing.
6. There will be no windows or doors on the zero lot line
side of the houses.
7. The builder will be required to clearly display a sign ,
at all times, stating that these are zero lot line homes.
8. Each house will have a rear entry, two car garage.
9. The builder will be required to install guttering on the
zero lot line side of each house.
10. The builder will be required to landscape Meadow Court
with a 2in. caliber Live Oak Tree and sod.
Bill Chapman seconded the motion. Motion carried 5-1 .
- Vice-Chairman Brian Chaney made a
motion to adjourn. Bill Chapman seconded the motion.
Motion carried 6-0.
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' ^ent Crane, Chairman
Planning & Zoning Commission
Respectfully Submitted:
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Amanda Maples, Sec,-etary
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