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04-25-1985 (Planning & Zoning) Minutes MINUTES REGULAR MEETING PLANNING & ZONING COMMISSION THURSDAY, APRIL 25 , 1985 The Planning and Zoning Commission for the City of Wylie , Texas met in regular session on Thursday , April 25 , 1985 in the Council Chambers of City Hall . A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. The meeting was called to order at 7 : 05 P.M. by Chairman Kent Crane with members Ken Mauk , John Hamilton and Sarah Connelly present . Nancy Conkle and Bryant Barry were absent . Representing the city staff were Gus Pappas , City Manager ; Roy Faires , C.E.O. and Barbara LeCocq , secretary . Before proceeding with the first item, Chairman Crane asked that anyone speaking from the floor state their name and their address for the record . ITEM NO. 1 - APPROVAL OF MINUTES - Chairman Crane asked for any additions or corrections to the minutes . Sarah Connelly made a motion to approve the minutes as submitted . Motion seconded by Ken Mauk. Chairman Crane stated that Bryant Barry had called the night before and had asked him (Mr . Crane) "to voice a concern he (Bryant Barry) had about the minutes . Mr . Barry had clarified the statement by saying he "sometimes picked on the minutes a little more than others" but on Item No .6 at the bottom of the page , the very last sentence Motion carried 4-0-1 with Bryant Barry abstaining . (Since this is not a conflict of interest , the abstaining vote counts as an affirmative . ) ' And he had said that because he was a trustee of the school board and burdened with that responsibility he was responsible in financial situations in that it could be construed as a conflict of interest, possibly, and that was the reason for the abstentian and that he was concerned about the addition of this part of the minutes and would like to see if we could strike that sentence . " Mr . Crane then asked Mr . Pappas for his opinion on this matter . Mr . Pappas responded by saying "I don ' t think so . " He then stated that the commission could continue to pursue the question but since Mr . Barry was absent it would perhaps be better to table the approval of the minutes until the next meeting . He also stated that the law fairly well defines an allowable "conflict of interest" as being that where a voting party has what the law calls a pecuniary interest which is defined in the law as a direct financial benefit of at least a value of 10% of the operation . Mr . Barry ' s position , which is not compensated , nor his position as a tax-payer would qualify him to be in that position. He further stated that our new city charter clearly states that in the matter of abstentian , unless a valid conflict of interest has been 1 claimed and proven, a simple abstentian will be counted as an affirmative vote. The purpose for that provision was to discourage any member of any board from abstaining merely to avoid going on record for any particular item. Mr . Crane asked if it would be possible to go ahead and take action on the minutes and then place this as an agenda item to be discussed at another meeting . Mr . Pappas stated that the decision to table these minutes would simply mean that they would return at the next meeting for approval at that time . That would also give the board the opportunity to discuss the item specifically and in a general sense . Sarah Connelly said she would amend her motion and move to table the minutes until the next meeting . Motion seconded by Ken Mauk. Motion carried 4-0. ITEM NO. 2 - CONDUCT PUBLIC HEARING ON ZONING OF 61 ACRES ON STONE ROAD - This property is described as 3 .0593 acres and 57 . 1017 acres out of the Francisco de la Pina Survey , Abstract 688 and is located on E . Stone Road . The petitioner is asking for SF-1 zoning (single-famly 1 ) . Chairman Crane asked Roy Faires to identify the property on the map for the members of the board and those in the audience . Mr . Faires stated that the staff recommends approval of this zoning petition. Chairman Crane opened the public hearing. There being no comments from the floor , the public hearing was closed and the item returned to the table . With no comments from the members of the commission a motion was made by John Hamilton to recommend to the City Council of Wylie approval of the zoning petition for SF-1 for the above described property . Motion seconded by Ken Mauk. Motion carried 4-0. ITEM NO. 3 - CONDUCT PUBLIC HEARING ON ANNEXATION OF 96 ACRES ON 544 AND VINSON RD. - This property is described as 96 . 218 acres out of the Elisha M. Price Survey, Abstract 1114 and is located at the intersection of S . FM 544 and Vinson Road . Chairman Crane asked Roy Faires to point the property out on the map. Mr . Faires stated that the staff recommends approval . The public hearing was opened by Chairman Crane . Mr. Don Lowell of 1136 High Ridge Drive, President of Twin Creek Homeowners Assoc . , asked to be recognized and stated that the roads in that development are private and that the homeowners are concerned about traffic "cutting" through the Twin Creek Estates addition when this property is developed . Mr . Faires stated that this is an annexation hearing only and that use questions would be addressed at the zoning hearing . There being no further questions or comments from the floor , the public hearing was closed and the item returned to the table for discussion . No comments from the commission. A motion was made by Ken Mauk to recommend approval of this annexation petition to the City Council . Sarah Connelly seconded the motion. Motion carried 4-0. 2 ITEM NO. 4 - CONDUCT PUBLIC HEARING ON ANNEXATION OF 1 ACRE LOCATED ON STONE ROAD - This property is described as 1 .0401 acres out of the Aaron West Survey , Abstract 979 located on E. Stone Road . This is the site of the Rush Creek I lift station . Chairman Crane asked Roy Faires to point out the property on the map. The public hearing was opened by Chairman Crane . Joyce Pollard of 1530 Stone Road asked to be recognized . Mrs. Pollard asked about the size of the lift station, odor control and the ability of property owners in the area to hook onto the sewer line . Gus Pappas , City Manager , described the general details of construction and the function of a lift station along with City policy for extending City services . With no further questions or comments from the floor , the public hearing was closed and the item returned to the table for discussion. Ken Mauk asked if the line from the lift station will go into the central sewage treatment plant . Gus Pappas answered in the affirmative . In answer to a question from Kent Crane , Roy Faires stated that the lift station property would carry the same zoning as the surrounding property. With no further comments , Chairman Crane asked for a motion. Sarah Connelly made a motion to recommend approval of this zoning petition to the City Council . John Hamilton seconded the motion. Motion carried 4-0 . ITEM NO. 5 - APPROVAL OF FINAL PLAT FOR CENTURY BUSINESS PARK - This property is located on SH 78 south of Roddy and Assoc . Chairman Crane asked for the staff comments . Roy Faires stated that the plat had been reviewed by the appropriate staff members and had been approved . Any corrections are of an engineering nature . The engineer , Mr . Cummings was present and stated that the engineering corrections had been made . Roy Faires stated that the plat makes provision for the participation in Alanis . Percy Simmons , the developer , noted that the plat also shows a landscaping easement in order to insure that landscaping will be done . John Hamilton asked when• they would anticipate the first occupancy . Percy Simmons answered that they hope to be ready by mid-July . In answer to a question by Kent Crane , Percy Simmons said there is a portion in the flood plain and that they are moving dirt and filling to eliminate the problem. With no further questions from the commission a motion was made by Ken Mauk and seconded by John Hamilton to recommend approval of the final plat for Century Business Park to the City Council . Motion carried 4-0 . ITEM NO. 6 - A motion was made for adjournment by Kent Crane and seconded by Ken Mauk. Meeting adjourned by Chairman Crane . Ke t Crane, Chairman 3