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09-12-1985 (Planning & Zoning) Minutes MINUTES REGULAR MEETING PLANNING & ZONING COMMISSION THURSDAY, SEPTEMBER 12 , 1985 The Planning & Zoning Commission for the City of Wylie , Texas met in regular session on Thursday , September 12 , 1985 at the Community Room. 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 , Don Montgomery , Joe Strigle , Bill Chapman , Brian Chaney and Ken Mauk. Representing the City staff were City Manager , Gus Pappas; Code Enforcement Official , Roy Faires ; and secretary Barbara LeCocq . The meeting was called to order at 7 : 00 P.M. by Chairman Crane . ITEM NO. 1 - APPROVE MINUTES - Chairman Crane asked for any corrections or additions to the minutes . Hearing none , a motion was made by Bill Chapman to approve the minutes as submitted . Ken Mauk seconded the motion, motion carred 6-0 . Chairman Crane stated that before proceeding with the next agenda item he would like to take the opportunity to introduce Joe Strigle , the newest member of the commission, appointed by the City Council to fill the vacancy left by the resignation of John Hamilton . ITEM NO. 2 - APPOINTMENT OF VICE-CHAIRMAN - Chairman Crane stated he would entertain nominations for vice-chairman . Don Montgomery placed the name of Brian Chaney into nomination. Ken Mauk moved the nominations be closed. Brian Chaney elected vice-chairman by unanimous vote . ITEM NO. 3 - CONDUCT PUBLIC HEARING ON PETITION FOR ZONING FOR 129 ACRES - This property is described as tracts 6 , 7 & 8 out of the J . Mitchell Survey, Abstract 589 with a total of 129 . 12 acres located on McMillan Road adjacent to Southfork , Ltd . The petitioner has asked for agricultural zoning . At the request of Chairman Crane , Gus Pappas , City Manager pointed out the property on the map. He also noted that the zoning was compatable with current use . Chairman Crane opened the public hearing . With no comment from the floor , the public hearing was closed and the item returned to the table for discussion. In response to a question from Don Montgomery , Gus Pappas noted that there is a single family residence with the remainder being used as open pasture land . With no further discussion , a motion was made by Brian Chaney to recommend to the City Council approval of the agricultural zoning for 129 . 12 acres described above and owned by Robt . Thurmond. Motion seconded by Bill Chapman. Motion carried 6-0 . 1 ITEM NO. 4 - PUBLIC HEARING ON RE-ZONING OF BENEDICT ESTATES This item is described as 57 . 1017 acres out of the Francisco de la Pina Survey , Abstract 688. The petitioner is asking for this tract to be designated PD (Planned Development) coupled with the approval of the concept plan for Benedict Estates . At the request of Chairman Crane , City Manager Pappas located the property on the map and noted that Rush Creek runs through the property and also that there is flood plain which the developer has to incorporate into his plans . Mr . Pappas explained that the property was originally zoned SF-1 and that the current plan for Planned Development retained the 10 ,000 plus square foot lots with 2200 square foot dwellings in the single family areas . The flood plain necessitated the elimination of alleys . Mr . Pappas further explained that the zoning designation of Planned Development calls for a different procedure . Planned Development presents the developer with an opportunity to do something unique ; however , it also necessitates the approval of a concept plan at the time the zoning is requested . Chairman Crane declared the public hearing open . Mike Cummings , engineer for the developer , Benedict Development , began his presentation by saying that Eubanks Lane will be extended to Stone Road and will be a divided boulevard . He further stated that Rush Creek will be maintained in a natural state . He stated that a Homeowners Association will have responsibility for maintaining the Creek. Gus Pappas stated that a copy of the Homeowners agreement must accompany the development plan. Mr . Cummings stated that the lots are planned to have an open slope down toward the Creek and Mr . Simmons , one of the developers said they plan to have an open, rolling environment similar to that of Seis Lagos , with fencing only allowed around private swimming pools . With no further comment or questions from the floor , the public hearing was closed and the item returned to the table for discussion. Brian Chaney asked if , since there were to be no alleys , would they have front entry garages? Mr . Cummings stated that the houses would have rear entry garages with drives along one side of the dwelling and curving into the back of the house . He stated that the townhouse area would have alleys and would have rear entry garages . Don Montgomery asked about trash pick-up . Mr . Cummings answered that trash pick-up would be at the front curb . Kent Crane asked about ownership of the Creek. Mr . Simmons stated that ownership of the Creek would remain with the homeowners association. Gus Pappas interjected that there must be strong language in the homeonwers agreement about the maintenance of the Creek. Joe Strigle asked if the Creek is to be rechanneled . Mr . Cummings answered that it will be rechanneled to some extent . Mr . Strigle further asked about additional trees along the Creek. Mr . Cummings stated that they would need to clean out and smooth the channel and that the plan includes the planting of a number of trees and shrubs . Kent 2 Crane asked what kind of bridge is to be placed over the Creek. Mr . Simmons said they will use a box culvert . They are considering a series of small dams to create some standing water . With no further discussion , a motion was made by Bill Chapman to recommend to the City Council approval of the zoning designation of Planned Development and approval of the concept plan for Benedict Estates . Motion seconded by Don Montgomery . Motion carried 6-0 . ITEM NO. 5 — PUBLIC HEARING ON ANNEXATION OF 11 ACRES ON FM 1378 — This property is described as 11 . 265 acres out of the W. D . Barnett Survey, Abstract 980 , located directly North and adjoining the property known as Crescent Cove . City Manager Pappas located the property on the map . The property is south of Parker Road and east of FM 1378 and adjoins the property recently annexed and being developed as Crescent Cove . Chairman Crane opened the public hearing . With no comments from the floor , the public hearing was closed and the item returned to the table for discussion. No discussion or questions from the commission. Motion made by Ken Mauk and seconded by Brian Chaney to recommend to the City Council approval of this annexation petition. Motion carried 6-0 . ITEM NO. 6 — PUBLIC HEARING ON ANNEXATION OF 45 ACRES ON ELM ROAD — This property is described as 45 . 182 acres out of the D. W. Williams Survey , Abstract 980 located on Elm Road east of the intersection of S . Ballard St . and Elm Road . Owner of record , Raymond Cooper . Mr . Pappas located the property on the map and noted that this is a joint venture . The public hearing was opened by Chairman Crane . Jim McKnight , representing the partners of the joint venture , noted that the acreage as shown on the agenda was not correct . The agenda item had listed an additional 32 . 145 acres which was shown on field notes presented at the time the petition for annexation was filed . The tract actually consists of 45 . 182 acres . With no further comments from the floor , the public hearing was closed and the item returned to the commission for discussion . No questions or comments from the table . A motion was made by Bill Chapman to recommend to the City Council approval of this petition for annexation . Motion seconded by Brian Chaney . Motion carried 6-0 . ITEM NO. 7 — PUBLIC HEARING ON THE ANNEXATION OF 2.97 ACRES ON FM 3412 — This property is described as 2 . 97 acres out of the E. C. Davidson Survey , Abstract 266 . Chairman Crane asked City Manager Pappas for staff comments . Mr . Pappas explained that this property is located West of Nortex Nursery on FM 3412 and that the City is extending a water line in that area. The City requested that property owners along the route of that line share in the cost of the line and annex into the City of Wylie . This petition for 3 annexation is in response to that request . Chairman Crane opened the public hearing . Mr . and Mrs . Bramlett , owners of the property wanted to know when the concrete reservoir that is in their front yard will be filled in. Gus Pappas stated that the City will honor their promise to fill in the reservoir . With no further comments of questions , the public hearing was closed and the item returned to the table for discussion . Don Montgomery asked if filling in the reservoir will be a major undertaking . Gus Pappas stated that it will only be a matter of crushing in the cover and the bottom to allow for drainage and filling with dirt . With no further discussion, a motion was made by Brian Chaney to recommend approval of this petition for annexation to the City Council . Motion seconded by Bill Chapman. Motion carried 6-0 . ITEM NO. 8 - PUBLIC HEARING ON THE ANNEXATION OF 3 ACRES ON FM 3412 - This property is described as 3 acres out of the E . C . Davidson Survey , Abstract 266 , owner John H. Ereckson . This property is along the route of the water line on FM 3412 and is another of the properties included in the request to share in the cost and to annex into the City for service . Chairman Crane opened the public hearing and hearing no comment or question from the floor closed the public hearing and returned the item to the table for discussion . With no questions or comments from the commission, a motion was made by Don Montgomery to recommend approval of this petition to the City Council . Motion seconded by Ken Mauk. Motion carried 6-0 . ITEM NO. 9 - PUBLIC HEARING ON ANNEXATION OF 7 .599 ON W. FM544 - This property is described as 7 . 599 acres out of the M. Sparks Survey , Abstract 820 located on the north side of W. FM 544 at the corner of the Wylie/Murphy city limits sign. Chairman Crane asked City Manager Pappas for staff comment . Mr . Pappas located the property on the map and stated that the annexation of this property would help to fix the Western City limits . The property was identified as the "Brigham" property . Chairman Crane declared the public hearing open and hearing no comment from the floor , closed the public hearing and returned the item to the table for discussion. After brief discussion by the commission , a motion was made by Brian Chaney to recommend to the City Council , approval of this annexation petition . Motion seconded by Bill Chapman . Motion carried 6-0 . ITEM NO. 10 - PUBLIC HEARING ON ANNEXATION OF 83. 28 ACRES AND 106.53 ACRES ON W. FM 544 - This property is described as 83 . 28 acres and 106 .53 acres out of the Wm. Sachse Survey , Abstract 835 and is located on the south side of W. FM544 West of Steel Industrial Park . The property is owned by Mary Allene Jones . Chairman Crane asked City Manager Pappas for staff comment . Mr . Pappas located the property on the map and went on to explain that this is the first of 4 a group of involuntary (forced) annexations that the City of Wylie has initiated . He further stated that the authority to involuntarily annex property , as authorized by State statute , allows cities to plan for orderly growth and development . Chairman Crane opened the public hearing , hearing no questions or comments from the floor , he closed the public hearing and returned the item to the table for discussion. Bill Chapman asked if the City had heard from the owner of the property . Mr . Pappas stated that Mrs . Jones had contacted the City and expressed her opposition to annexation. He also stated that the City of Sachse was apparently contemplating legal action against Wylie annexing this property . Mr . Pappas pointed out that this property would form another corner of the Western boundary between the City of Wylie and the City of Murphy . After brief discussion by the commission , a motion was made by Bill Chapman to recommend to the City Council approval of the annexation of this property into the City of Wylie . Brian Chaney seconded the motion . Motion carried 6-0 . ITEM NO. 11 - PUBLIC HEARING ON THE ANNEXATION OF 95 ACRES ON W. FM 544 - This property is described as Tract No . 3 out of the D . Strickland Survey , Abstract 121-1 consisting of 95 . 46 acres , bordered on the North by FM544 , on the South by ATSF Railroad and on the East by Hardcast Co . The property is under the trusteeship of MBank Dallas . This is another of the involuntary annexations initiated by the City of Wylie . Chairman Crane asked for the property to be located on the map by Mr . Pappas , after which he declared the public hearing opened . With no questions from the floor , the public hearing was closed and the item returned to the table for discussion . After brief discussion , a motion was made by Ken Mauk to recommend approval of the annexation of this property to the City Council . Motion seconded by Bill Chapman. Motion carried 6-0 . ITEM NO. 12 - PUBLIC HEARING ON THE ANNEXATION OF 20 ACRES OWNED BY ATSF RAILROAD - This property is described as 5 . 968 acres out of the W. S . Bohannon Survey , Abstract 121-1 and 9 .80 acres and 5 . 18 acres out of the W. C . Twitty Survey , Abstract 918 being a total of 20.948 acres being the right- of-way owned by the Atcheson , Topeka and Santa Fe Railroad . Chairman Crane asked City Manager Pappas for staff comment . Mr . Pappas located the property on the map and explained that the annexation of this property would move the city limits sign 400 ft . to the east as well as to establish contiguity for other tracts of land to be annexed into the City . Mr . Pappas further explained that these tracts are part of what we refer to as the "Lake Lavon" annexation of Federal land in and around Lake Lavon . Chairman Crane opened the public hearing. A question from the floor asked if the City would now have liability for Parks around the lake . Mr . Pappas explained that the property still belongs to the Federal government , the annexation of this property 5 will give the City the Police powers in the area just as it would for any other area annexed into the City . With no further questions , the public hearing was closed and the item returned to the table for discussion. Joe Strigle asked Mr . Pappas if the City would have the authority to regulate the proliferation of open septic tanks in areas surrounding the lake , even though they might not be inside the corporate limits of the City . Mr . Pappas explained that our pollution ordinance is in effect for the extra-territorial jurisdiction because such an occurrance would directly affect the "quality of life" in the City . After further brief discussion, a motion was made by Bill Chapman to recommend to the City Council approval of the annexation of the ATSF Railroad right-of-way as described herein. Motion seconded by Ken Mauk. Motion carried 6-0 . ITEM NO. 13 - PUBLIC HEARING ON THE ANNEXATION OF 22 ACRES BELONGING TO ST. LOUIS & SOUTHWESTERN RAILROAD - This property is described as 1 . 7 acres out of the S . Coose Survey , Abstract 187 , 4 .821 acres and 5 . 579 acres out of the W. S . Bohannon Survey , Abstract 121-1 and 9 .9 acres out of the W. C . Twitty Survey , Abstract 918 , being a total of 22 acres and being the right-of-way of the St . Louis and Southwestern Railroad Co . located north of and running more or less parallel to FM 544 . Chairman Crane asked City Manager Pappas for staff comment . Mr . Pappas located the property on the map and explained that the annexation of this property would have comparable results as that in the item above in that it would establish contiguity to tracts of land being annexed into the City . The public hearing was opened by Vice-Chairman Chaney , who assumed the chair when Chairman Crane had to leave the meeting . Hearing no comment or questions from the floor , the public hearing was closed and the item returned to the table for discussion . After brief discussion, a motion was made by Joe Strigle to recommend approval to the City Council for the annexation of the property described in this item. Motion seconded by Don Montgomery . Motion carried 5-0 . ITEM NO. 14 - PUBLIC HEARING ON THE ANNEXATION OF 112 ACRES ON WEST FM 544 - This property is described as Tract No . 4 consisting of 105 . 22 acres ; Tract No . 5 consisting of 3 . 3 acres and Tract No . 38 consisting of 3 . 6 acres out of the M. Sparks Survey , Abstract No . 849 , located on the North side of FM 544 at the Wylie/Murphy city limits sign. Vice- Chairman Chaney asked City Manager Pappas for staff comment . Mr . Pappas located this property on the map , after which the public hearing was opened . Hearing no comment or question from the floor , the public hearing was closed and the item returned to the table for discussion. After brief discussion , a motion was made by Don Montgomery and seconded 6 by Ken Mauk to recommend approval of this annexation to the City Council . Motion carried 5-0. ITEM NO. 15 - PUBLIC HEARING ON THE ANNEXATION OF 9 ACRES OWNED BY THE STATE OF TEXAS - This property is described as 4 . 132 acres and 5. 739 acres for a total of 9 .871 acres out of the W . S . Bohannon Survey , Abstract 121-1 being the right-of-way for the State of Texas located SH 78 . Mr . Pappas pointed out the property on the map . The public hearing was opened by Vice-Chairman Chaney . Hearing no comment from the floor , the public hearing was closed and the item returned to the table for discussion. With no discussion from the commission , a motion was made by Bill Chapman to recommend approval of this annexation to the City Council . Motion seconded by Ken Mauk. Motion carried 5-0 . ITEM NO. 16 - PUBLIC HEARING ON THE ANNEXATION OF 1117 .9 ACRES OF FEDERAL LAND - This property is described as 1117 . 9 acres being Federal land owned by the United States of America and contained in the Francisco de la Pina Survey , Abstract 688-1&2 ; the Jno . Campbell Survey , Abstract No . 800 ; the S . Barrow Survey , Abstract No . 54; and the M. Phelan Survey , Abstract 697 , located near the East fork of the Trinity River North through the dam location into the water and West to approximately the East Fork Park site in and around Lake Lavon . At the request of Vice-Chairman Chaney , the property was pointed out on the map by City Manager Pappas . The public hearing was opened and hearing no comment or question from the floor , the public hearing was closed and the item returned to the table for discussion . After brief discussion , a motion was made by Ken Mauk and seconded by Bill Chapman to recommend to the City Council , approval of this annexation. Motion carried 5-0 . ITEM NO. 17 - PUBLIC HEARING ON THE ANNEXATION OF 1360 ACRES OF FEDERA LAND - This property is described as 1360 . 748 acres of Federal land owned by the United States of America , contained in the S . Coose Survey , Abstract 187 ; the W. S . Bohannon Survey , Abstract 121-1 ; the W. C . Twitty Survey , Abstract 918 ; L. B. Hill Survey , Abstract 433-1&2 ; the Francisco de la Pina Survey , Abstract 688-3; W. H. Moore Survey , Abstract 638-2 located from approximately the East Fork Park site out into Lake Lavon with a Western border going North along the shoreline and Federal land to a point around Collin Park. At the request of Vice-Chairman Chaney , Mr . Pappas pointed out the property on the map . Vice- Chairman Chaney opened the public hearing and with no comment or question from the floor , the public hearing was closed and the item returned to the table for discussion . With no discussion , a motion was made by Don Montgomery to recommend to the City Council approval of the annexation of this property to the City of Wylie . Motion seconded by Bill Chapman. Motion carried 5-0 . 7 ITEM NO. 18 - POSSIBLE CHANGE OF MEETING TIME FOR P & Z - At the request of Vice-Chairman Chaney , Mr . Pappas explained that this item was placed on the agenda by the City staff . The reason being that because of the fact that most items appear before the Planning & Zoning Commission before they go before the City Council , the fact that the Planning & Zoning Meetings usually follow the Council meetings in the same week, it delays action on various items , particularly the approval of plats . Bill Chapman stated that he would like to have about 30 minutes before the meetings for a briefing. Mr . Pappas stated that they could certainly do that ; however , the briefing meeting would have to be an agenda item and be open to the public . After a brief discussion a motion was made by Bill Chapman to recommend to the City Council that the meeting times for the Planning & Zoning Commission be changed to the first ( 1st) and third (3rd) Thursday of each month , rather than the second (2nd) and fourth (4th) Thursday . Motion seconded by Ken Mauk. Motion carried 5-0. ITEM NO. 19 - ADJOURNMENT - With no further business , Vice- Chairman Chaney said he would entertain a motion for adjournment . Motion was made by Bill Chapman to adjourn . Motion seconded by Ken Mauk. Meeting adjourned by Vice- Chairman Chaney . /‘411 Kent Crane , Chairman, Planning & Zoning id>i/r); , ( .1:41 ,/% Brian Chaney , Vice Chairman P&Z RESPECTFULLY SUBMITTED : Barbara LeCocq , Secretary 8