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11-14-1985 (Planning & Zoning) Minutes ~ MINUTES PLANNING & ZONING COMMISSION THURSDAY, November 14, 1985 The Planning and Zoning Commission for the City of Wylie, Texas met in regular session on Thursday, November 14, 1985 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, Brian Chaney, Ken Mauk , Bill Chapman , Ben Scholz , Joe Strigle and Don Montgomery. Representing the City Staff were Gus Pappas; City Manager , Roy Faires; Code Enforcement Officer; Kimberly Leverett; Secretary and Susan Marquardt; Secretary. The meeting was called to order at 7: 00 P. M. by Chairman Crane. 1.TEM_JjP~ 1 - Chairman Crane asked for any corrections or addition to the minutes. Hearing none, a motion was made by Brian Chaney to approve the minutes as submitted. Ken Mauk seconded the motion. Motion carried 5- HEARING. ON.__ANNEXATION__2 ACRES ON E. SH - TIq - This track of property is described out of the Francisco de la Pina Survey. Abstract 688 located on E. SH 78, commonly known as Wylie Junction. Chairman Crane opened the Public Hearing; with no comments from the floor. The public hearing was closed and brought back to the commission. Ken Mauk made a motion to recommend approval of this annexation petition to the City Council . Brian Chaney seconded the motion. Motion carried 6-0. _.HEARING _ ONTHE, ZONING OF 30 ACRES -ON FM 1378 --- This property is described as 30 acres Out of the G. W. Bunnell Survey, abstract 351 and is located on the west side of FM 1.-378 adjacent to the Lake Ranch Estates. Mr. Pappus stated that this property came before you on an agenda a few weeks ago, was reviewed and past on to the City Council with your recommendation. I believe the proposal of SF-1 , SF-2, SF-3, (single family and B-1 , Business) has not changed since that time. That property went forward to the City Council and subsequent to that we had some discussion with City Attorney, who suggested on 5 point of law take the item back to the Planning and Zoning Commission for you to rehear it because of a delima that sometimes occurs in rapidly growing cities; involving the notice provision of adjacent property owners within 200 ' of zoning changes on a piece of property. We did not send letters the first time to that because the law as the City Secretary and City _ Manager understood it requires that people be given notice if they appeared on the most recent tax rolls. Lake Ranch Estates came into the annexation on May 14, 1985. This - premise was challenged by those property owners surrounding this tract. Law did not require us to send any notice and so we didn 't. A review of the matter led us to reschedule this item. Question was made by the property owners. The City Attorney felt it would be safer to back it up and have another Public Hearing by the Planning and Zoning Commission. Could not say that there is anything wrong with our process. City Council did not act on it and sent it back to the Commission to rehear and we sent out notices to adjacent property owners. You recall also that this plan was modified by the developers who originally had planned to remove the duplexes. They are no longer on plan. The facts surrounding the area property immediately south of this property is not in the city limits. There are a string of acrege tracts. They are not lots narrow but are deep lots Which run into the outer areas around the city. They basicly cover a 200 ' wide area. They are stacked on each other , and not zoned either. The frontage is FM 1378. Across from FM 1378 due East is the Birmingham Farms Development. The immediate area of Birmingham area is zoned B-1 on Frontage and directly behind that large section SF-1 . Certainly all that tract land is in the City limits and is zoned. Due north and west Lake Ranch Estates is subdivision. Its tehnical zoning at this time is Agricultural under the provision of our zoning ordinance - which says that any property which has not had an official zoning action comes in as Agricultural . There has been zoning requested on that property and Planning and Zoning has not , of its own accord, or by staff iniated any move to have it zoned. The property Lake Ranch has been designated on our master plan as being SF-1 property. Which is the closest zoning we have to the existing use of that property. The Lake Ranch Estates property was not a sub-division that was conducted under anything like current situations that exist. The Lake Ranch Estates property was sub-divided and received a review as an extra territorial review quite some years ago. It is a fairly typical ranchette with things we run into from time to time. Based on their lack of requirements for certain improvements it was done under a general kind of provision where approved the notification of the body of land. The development was put in without benefit of concrete roads or sewer or any of those provisions and by effort of some of the property owners water has recently been carryed on that subdivision. It is an unusual figuration to have large lots - 15 acres or more. One of things, is on the great number of land is unusuably due to muddy creek , reservior , or flood plane. We sent out the public notices and you have copies of those back now zile to straight out technical response 1 in favor and 8 opposed , 1 out of city. Chairman Crane asked how deep the SF-1 is on the Birmingham land? It is a large tract of 70 ~ acres filled with SF-1 . SF-1 's are our largest lot size, in that we require a minimum of 10,000 square feet for lots and 18,000 square feet for homes. As a reminder to the Planning ' and Zoning Commission that some over the past several months zoning isolated areas across the city which we feel like we want to protect for the larger homes. We zoned a master plan and have been protecting it real well . Chairman Crane opened the public hearing for anyone to speak in favor or against. Jim McKnight , the engineer , discussed the 30 acres in question. We have taken duplexes out of 30 acre territory and replaced with SF-1 homes. These are used as buffers on the North and West side. To make this a viable product , for us, it needs to be zoned as previously zoned in the past. If it is not excepted then we as developers and the City of Wylie stand to all be losers. There are only 103 lots in this 30 acre tract. If passed as is the City of Wylie stands to make about $92,000 in impact fees and building permits plus any additional taxes which are tact on in the future. For every lot reduction the city is going to lose at least $1 ,000 in impact fees. Subdivision will be nicer. Homes will be brick construction and will have paved and curbed streets. There won 't be any unpaved streets or any horse barns like in the Ranchette Estates. Across the highway is commercial zoning. Adjoining point south is a nice brick home, with a cluster of mobile homes around it. - To the east is the zoning for multiple family apartments and is 11 or 12 acres. To be marketable homes they need to be a little bit cheaper or up in the $200,000. range. A lot of SF-1 homes just won 't sell as well as SF-2 and SF-3. Birmingham home property a 70 acre tract is zoned SF-1 , 224 houses. Tough to market. Mr. Pappas asks for a point of clerification. The original zoning request asks for B-1 . Draft shows R-1 . Mr. McKnight states draftsman thought R was for retail and put R-1 instead B-1 . Chairman asks if there is anyone else that wants to speak in favor of this zoning. No one else speaks up. Chairman asks if anyone wants to speak in favor. Gilbert Welch Lot 5 of Lake Ranch Estates employed by Sikes Construction speaks first. Mr. Welch shows location of the new development on a map. We do not object to being zoned SF-1 but we do object to the 30 acres next to us being zoned SF-2 and SF-3. We don 't feel this is an appropriate use of the land because of existing land around it. There is no place for this type of housing , next to ranchettes. The front of our houses will be facing alley ways and backyards. It puts a strain on the water supply system and the sewer system and the school system. I do not want the City of _ Wylie to grow like a Balch Springs, Mesquite or a Garland , but rather like a Richardson or Plano. I contend that the council should base its decision on where this type of - zoning should go based on the cluster zoning approach as opposed to a strip zoning approach. There shouldn 't be businesses in the middle of a 2 lane road. Gene Newman , lot owner #11 , spoke against. Does not want to create what is in Murphy on 544. Bob Galvan , lot owner #8, asks if the developer has offered to put up a retainer wall . Chairman states that it is not required of the city. Walter Dalberg, lot owner , says it is not to be ours or the city 's concern what the price of land is. It is not the concern here. SF-1 is not enough of a buffer. The amounts of money that the city will make in fees is irrelevant. Mr. Welch spoke again. I don 't want children or anyone else to play or become harmed by my horses. With this high density population there is always that chance. I respectfully request that you deny Mr. McKnight 's request for this zoning. Mr. McKnight speaks again in favor. I 'm sorry Mr. Welch is so unhappy with the City of Wylie. If Lake Ranch Estates build in the middle of their property they won 't have to - worry about people being so close to them. Mr. Welch speaks again against. Mr. McKnight grossly misquoted me. I am not disappointed with the schools in Wylie. I 'm proud of the City of Wylie. I feel you gentlemen were very receptive - P & C Committe. We can 't put our houses in the middle of the lots because of the flood plains. Mr. Pappas speaks clerifying at few points. SF-1 can have animals, even large animals. City does have plans to work with Collin County to start some Park systems and Greenbelt areas which are flood plain areas. SF-3 zoning has been the most popular and active zoning in this city in the past and that is not inconsistant with any area going through the growth process like we are going through now. These homes establish the market. The mobile home park mentioned is not in the city. It has applied for annexation and most likely will become part of the city in order to protect the city 's interest. It came about from the back door. It is not something that the City of Wylie entered into initially and encouraged but rather found the city in a delima. The school growth that was mentioned could not be foreseen. Preparation takes place years before the plans are seen. When plans were in the works, City of Wylie had 3 - 7% a year of growth. Even the best planner couldn 't know that -. when the ribbon was cut on the new elementary that there would be 45% growth in that year. �- Background information that the Planning and Zoning needs from the staff . There are 3 issues that we need to know for consideration. ( 1 ) The City Council and Planning and Zoning Commission at work and in force really do not support the concept of the ranchettes, because how they usually go in , and had trouble with them after the fact. The problem is not against large homes and big lots, objection sub-division dirt road , septic tanks, no water and that sort of thing. (2) We have a historical problem before you. Our normal growth experience has been to zone large tracts. It has become a habit of ours to zone large tracts with multiple zoning. We do it over and over the agreement and hard to justify one way or another; delima recall always involved 100 acre tracts. You haven 't dealt with small tracts. (3) I don 't believe any of you prior to tonight thought that the 103 acres that belongs to Robert Wind just north of the property going to 103 acres of SF-1 . We didn 't think of it because of habit and the unpractical demand and somewhere in there lays a delima. Are we now at point 30 acres one zoning or 2 zoning or very little mix . Your options are as followed: reject proposal as presented. Take no actions no recommendations and at that point it becomes the delima of the property owner as to what to do. You may change the zoning that has been presented to you and forward your recommendations of the zoning configured. You may mix , ^- match , duplicate, remove and can send your recommendation to the City Council . The appropriate action would be to reject the zoning proposed and recommend to the City Council that they consider amending the zoning ordinance in order to provide for that zoning. You cannot grant the zoning which does not exist. Chairman closes the public hearing and opens the subject for discussion amongst the board. Mr. Pappus speaks - Park Blvd. is and will not be where it was originally located on Birmingham Farms. They were keying on the intersection of McMillan in there plan. There will be commercial on both sides of the intersection of McMillan. Chairman speaks - Do we feel like we have a need for a Ranch Estate Zoning. Rejected. Need to pass a decision as to whether zoning should stay the same as requested. We don 't want a ranchette across the street from a business. Brian Chaney makes a motion that SF-1 stay the same, SF-3 and B-1 become SF-1 and below SF-2 be the balance of property. Bill Chapman seconded the motion. Motion carried 6 0. � _ Kent Crane, Chairman Planning & Zoning Respectfully Submitted: _ ---------------------------- Susan Marquardt , Secretary � ~