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04-26-1984 (Planning & Zoning) Minutes MINUTES PLANNING & ZONING COMMISSION APRIL 26, 1984 The Planning & Zoning Commission for the City of Wylie met in regular session at 7 :00 P.M. on Thursday , April 26, 1984 in the Council Chambers at City Hall . A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those in attendance were Chairman, Joe Fulgham, Randall Gaston, Kent Crane , Bryant Barry , Sarah Connelly Ken Mauk and Nancy Conkle. Present from the city staff were City Manager , Gus Pappas , Building Official, Roy Faires, and secretary , Barbara LeCocq. Also present were Don Kreymer , Tim Hemmingway , Dwight Scott and several citizens. CALL TO ORDER - The meeting was called to order by vice- chairman Randall Gaston. APPROVAL OF FINAL PLAT FOR WYNDHAM ESTATES - Randall Gaston called on Kent Crane , chairman of the Plat Review Committee for recommendations and/or comments. Mr . Crane referred the commission to the letter of transmittal from the Plat Review Committee , noting that the water line be completed down to and through the industrial area. Also to provide ten ( 10) foot alley side yard set backs where appropriate ( 2 lots , 15 & 16 of Blk A) . The City Manager stated that the city staff would insure that the noted stipulations would be watched . There being no further discussion , a motion was made by Bryant Barry and seconded by Ken Mauk that the Planning & Zoning Board recommend approval of the final plat for Wyndham Estates to the City Council of Wylie. Motion carried unanimously. ANNEXATION OF "WYLIE CEMETERY" - The public hearing for the annexation of the property known as the Wylie Cemetery was declared open by Randall Gaston. Gus Pappas, City Manager commented that there is no clear indication of whether or not the Wylie Cemetery is actually inside the City ; therefore this is an attempt at "house cleaning". Also there is a drainage problem at the cemetery and the proposed new Rush Creek Drainage Basin Lift Station can help solve those problems . One comment from the floor in favor of the annexation noting that this will empower the Police Department to have jurisdiction. There being no further comment or discussion , the public hearing was closed. The chair asked for a motion. Sarah Connelly made a motion that the Commission recommend approval of the annexation of the Wylie Cemetery to the City Council . Motion seconded and carried unanimously. RE-ZONING OF LOTS 3-7, BLK 34 OF THE RAILROAD ADDITION FROM SINGLE FAMILY TO RETAIL - Randall Gaston called on the City Manager , Gus Pappas to state the city staff ' s position on 1 this petition and to locate on the map the exact location of the property in question. The public hearing was opened by Randall Gaston for comments from the audience. The question of spot zoning was raised by a citizen. Mr . Pappas was asked to clarify what , by law, constitutes spot zoning . According to the definition of the State of Texas, this request for rezoning clearly does not constitute spot zoning . In response to a request from the audience, Mr. Pappas read the list of property owners who received letters notifying of them of the proposed zoning change. It was determined that through a clerical error there were five property owers who did not receive notification through the mails ; however , public notice was made through the local newspaper in accordance with the law. Due to the question of legality , Mr. Pappas and Mr. Faires retired to review the law and subsequently recommended that though the public notice was made in the local newspaper, in order to give all interested parties ample opportunity to respond that this matter be tabled . Motion was made , seconded and carried unanimously to table this item as recommended. REZONING OF LOTS 11-12, KELLERS ADDITION FROM SINGLE FAMILY TO RETAIL - Chairman, Joe Fulgham opened the public hearing noting that the proper legal notification had been made both by registered letter and in the local newspaper. A comment from the audience was noted that they felt this rezoning would result in a traffic nuisance for the home owners in the area. There being no further questions, the public hearing was closed . No comments or questions from the commission. A motion was made by Sarah Connelly and seconded by Bryant Barry to recommend approval of the rezoning request on Lots 11 & 12, Blk.5 Kellers Addition to the Wylie City Council. Motion carried unanimously. ZONING OF POINTE NORTH ADDITION LOCATED ON FM 3412 - The petitioner has requested zoning for this parcel of land to include B-2 zoning for 7.095 acres fronting on FM 3412 , 2F for 12.417 acres , SF-2 for 35.557 acres and SF-1 for 31 . 697 acres. The public hearing was opened by the Chairman, Joe Fulgham, there being no comments from the audience , the public hearing was closed. Discussion was opened for the commission. Mr . Tim Hemmingway explained the zoning requests to the commission as noted above. Mr . Bryant Barry expressed a desire to see a park area or a "greenbelt" in a development of this size . Mr . Pappas was asked for the city ' s opinion of this . Mr . Pappas noted that in order to have several small parks a city requires a large parks maintenance staff and the City of Wylie is not in that position at this time. The City does not seek a park area in this development . A motion was made by Kent Crane to recommend approval of the zoning petition as requested to the City Council . Motion seconded by Sarah Connelly . Motion carried with one abstention. 2 ZONING OF 30 ACRES OUT OF E.C. DAVIDSON SURVEY ON FM 544 - The public hearing on the zoning of this tract of land was opened by Joe Fulgham. Mr. Dwight Scott , the developer of the property advised the commission that he had spoken with the City Manager and that he was requesting zoning on the approximately fourteen acres ( 14) on the South side of the railroad tracks as Industrial and that at this time desires that the zoning on the approximately 16 acres North of the railroad tracks remain agricultural . There being no further comments from the audience , the public hearing was closed . Bryant Barry made a motion to recommend approval of the requested zoning to the City Council . Nancy Conkle seconded the motion. Motion carried unanimously . Randall Gaston made a motion to adjourn. Motion seconded , the meeting was adjourned. rf� /j/f,/, / i / (,/ Joe F}x1 ham, Chairman v ✓; 3