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02-17-1997 (Planning & Zoning) Agenda Packet AGENDA PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX February 17, 1997 6:30 pm CALL TO ORDER ACTION ITEM 1. Consider approval of the Minutes from the February 3, 1997 Regular Business \ ,U Meeting. v` °`2. Consider a recommendation to the City Council a request from Roy Neely for approval of a zone change from "A" Agriculture to "B-2" Business District for - (`)' property located on the south side of State Highway 78 North, east of Kreymer Lane and more particularly described as Lots 6, 7 and 8 of Wylie Ranch East Commercial Park. PUBLIC HEARING Hold a Public Hearing and consider a recommendation to the City Council a s c request from David and Jan Morgan for approval of a zone change from "MF" ,c) Multi-Family Residential to "2F" Two Family Residential District for property located at 102 S. Fourth Street and more particularly described as Lot 1, Block 22 of the Railroad Addition, City of Wylie, Texas, recorded in Vol. 77, page 494, Deed Records, Collin County, Texas. 2. Hold a Public Hearing and consider a recommendation to the City Council a request from Richard Parker for approval of a zone change from "A", Agriculture to "MF", Multi-Family Residential District for a 16.356 acre tract of land located at the southwest corner of Parker Road and Ballard Avenue and : �� further described as the W.D. Penny Survey, Abstract No. 696, Tracts 33 and 33-9. CITIZEN PARTICIPATION ADJOURNMENT Posted Friday, January 14, 1997 at 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170. AGENDA PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX February 17, 1997 6:30 pm CALL TO ORDER ACTION ITEM 1. Consider approval of the Minutes from the February 3, 1997 Regular Business Meeting. 2. Consider a recommendation to the City Council a request from Roy Neely for approval of a zone change from "A" Agriculture to "B-2" Business District for property located on the south side of State Highway 78 North, east of Kreymer Lane and more particularly described as Lots 6, 7 and 8 of Wylie Ranch East Commercial Park. PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council a request from David and Jan Morgan for approval of a zone change from "MF" Multi-Family Residential to "B-2" Business District for property located at 102 S. Fourth Street and more particularly described as Lot 1, Block 22 of the Railroad Addition, City of Wylie, Texas, recorded in Vol. 77, page 494, Deed Records, Collin County, Texas. 2. Hold a Public Hearing and consider a recommendation to the City Council a request from Richard Parker for approval of a zone change from "A", Agriculture to "MF", Multi-Family Residential District for a 16.356 acre tract of land located at the southwest corner of Parker Road and Ballard Avenue and further described as the W.D. Penny Survey, Abstract No. 696, Tracts 33 and 33-9. CITIZEN PARTICIPATION ADJOURNMENT /(4 .1Posted Fr ay, J uary 14, 1997 at 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170. A TYPOGRAPHICAL ERROR WAS MADE ON THE POSTING FOR PLANNING AND ZONING. THE CORRECTION TO PUBLIC HEARING ITEM 1 SHOULD READ AS FOLLOWS: Hold a Public Hearing and consider a recommendation to the City Council a request from David and Jan Morgan for approval of a zone change from "MF' Multi-Family Residential to "2F" Two Family Residential District for property located at 102 S. Fourth Street and more particularly described as Lot 1, Block 22 of the Railroad Addition, City of Wylie, Texas, recorded in Vol, 77, Page 494, Deed Records, Collin County, Texas. Correction os February 17, 1997 Planning & Zoning Commission #1 Action Item Re: Approval of the Minutes from the February 3, 1997 Regular Business Meeting February 17, 1997 Consider approval of the Minutes from the February 3, 1997 Regular Business Meeting. Note any changes or additions which need to be made. • MINUTES The Planning and Zoning Commission met in a Regular Business Meeting on February 3, 1997, at 6:30 p.m.in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North, Wylie,Texas 75098. A quorum was present and a notice was posted in the time and manner required by law. COMMISSION MEMBERS PRESENT: Chairman Bart Peddicord,Rich Eckman, Steve Ahrens and James Smith. ABSENT: Stuart Allison, Cecilia Wood and Tim Owen(all excused). STAFF MEMBERS PRESENT: Director of Community Development-Mike Phillips,Planner- Kelley Shaw and Secretary-Rebecca Rogers. • ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes from the January 20, 1997 Regular Business Meeting. A motion was made by Steve Ahrens, seconded by Rich Eckman to accept the minutes as presented. Motion carried,all in favor(4). ITEM NO.2: Consider approval of a Land Study submitted by Goff Homes for a 77 acre residential development designated as Stoneridge Farms located at the junction of Stone Road and FM 544 just south of Quail Hollow subdivision. Staff recommends approval. Lots are 1 acre minimum. Concerns were raised re:having only one entrance/exit. The one entrance/exit is a divided median and meets all requirements.According to the consulting engineer,another entrance/exit would cause some traffic flow problems with the subdivisions entries across FM 544. Drainage was questioned and Staff stated that a drainage study would be done before a Preliminary Plat could be approved. A motion was made by Steve Ahrens,seconded by Jim Smith,to approve the Land Study submitted by Goff Homes for a 77 acre residential development designated as Stoneridge Farms. Motion carried, all in favor(4). Neal Heckle from Goff Homes was present and stated to the board that Goff Homes was going to be looking at screening issues and sidewalks requirements with the development of Stoneridge Farms. PUBLIC HEARING ITEM NO. 1: Hold a Public Hearing and consider a recommendation to the City Council a request from Roy Neely for approval of a zone change from"A"Agriculture to "B-2"Business District for property located on the south side of State Highway 78 North, east of Kreymer Lane and more particularly described as lots 6,7 and 8 of Wylie Ranch East Commercial Park. Chairman Peddicord asked for Staff comment. Kelley Shaw,Planner, stated that a machine shop was an allowable use in B-2, Business District, the zoning would be consistent with the Comprehensive Plan and Staff recommends approval. Only one public notice that was in the 200'notification area was returned and it was in favor of the request,In approving a zone change,consideration must be given to what other types of businesses could be allowed in that zoning,exterior construction,landscaping requirements, 1 etc. Chairman Peddicord opened the Public Hearing. Janice Neely and Roy Neely, 315 Callie Court, Wylie, Texas and Lonnie Lennerduzi, 1202 Sheppard Lane, Wylie, Texas were present to speak for the request. They feel this zone change would improve the area,the Neely's live in this area and want to keep their business in Wylie. John Anderson, 300 Callie Court, Wylie,Texas;Henry Nelson, 350 Callie Court,Wylie,Texas;Marie Routen,340 Callie Court,Wylie, Texas; Sharon Dowdy, 325 Callie Court,Wylie,Texas;Candy Piper,335 Callie Court,Wylie, Texas; and Mark Cook, 325 Callie Court, Wylie,Texas are against the proposed change for the following reasons:would lower property values, water drainage problems, possible toxins in the waste disposal, the other types of businesses that would be permitted in B-2 zoning, more appropriate areas for this type of business instead of a residential area,no city services--everyone is on septic tanks,industrial areas not good for family life and currently every major thoroughfare into Wylie has some sort of Industrial--there is drive up appeal. Mr. Mike Phillips,Director of Community Development reminded everyone that we are here for a zone change request not the appropriateness of a business. Chairman Peddicord closed the Public Hearing. Commission members discussed the lack of sewer and water, development standards would cover the issues of drainage, sewer, screening, etc. (which is not relative to this request). A motion was made by Rich Eckman, seconded by Steve Ahrens, to table the request due to the number of commission members absent(3). Motion carried,all in favor(4). CITIZEN PARTICIPATION No new business. ADJOURNMENT ADJOURN: A motion was made to adjourn by Steve Ahrens, seconded by Rich Eckman. Motion carried, all in favor (4). Chairman Peddicord adjourned the meeting. Respectfully submitted, Bart Peddicord, Chairman Rebecca Rogers, Secretary 2 Planning & Zoning Commission #2 Action Item Re: Recommendation for Approval of Zone Change February 17, 1997 Issue Consider a recommendation to the City Council a request from Roy Neely for approval of a zone change from "A" Agriculture to "B-2" Business District for property located on the south side of State Highway 78 North, east of Kreymer Lane and more particularly described as lots 6, 7 and 8 of Wylie Ranch East Commercial Park. Background Mr. Roy Neely is requesting that the above referenced property's zoning classification be changed from "A" Agriculture to "B-2" Business District. The City of Wylie Comprehensive Plan's land use designation for the property in question is Retail/Commercial/Business. These districts are generally defined as follows: "R" Retail District- intended for neighborhood shopping facilities which provide limited business service and office facilities predominantly for the convenience of residents of the community. "B-1" Business District- intended predominantly for commercial activities of a service nature which typically have operating characteristics (limited outside or open storage) or traffic service requirements of greater intensity than retail shopping and residential environments. "B-2" Business District - intended to provide a zoning category similar to the "B-1" district with additional uses permitted which are not generally carried on completely within a building or structure and an expanded range of service and repair uses. When determining what is an appropriate land use, consideration should be given to the existing development in the immediate area. This area has been developed with single family residences directly to the south of the property. The land on both sides (east and west)of the property in question is zoned as "B-1" Business District. There is also the possibility of single family development to the east of this property where it is zoned "SF-2". There have been discussions between staff and interested developers about the development of the "SF-2" property (please see the attached zoning map). It also must be noted that there are additional development standards that apply to non-residential districts (R, B-1, B-2, I). These standards include requiring 75% brick, stone brick veneer, custom treated tilt wall or decorative concrete block for any exterior wall facing a thoroughfare or residential district. There are also landscaping and screening requirements that must be met. These standards are in place to protect adjacent properties and the community as a whole from unsightly commercial development. Many of the existing businesses located in Wylie today were in existence before these standards were adopted. Therefore, the development that is in existence today is not truly representative of what future Retail/Commercial/Business development will look like. The City Council in the past has taken action on similar requests for"B-2" Business Districts located on Highway 78 North. The more recent examples are listed below: June 13, 1995 - Request by Robert Heath for zone change from "B-1" to "B-2" for property located at 1890 Hwy. 78 North. Council Action - Denied June 11, 1996 - Request by Western Auto for zone change from "R"to "B-2"for property located at 709 Hwy. 78 North. Council Action -Approved Note: This approval allowed the addition of a garage bay to the Western Auto facility which was already in existence and conducting business. Request by Dennis Bell for zone change from "R" to "B-2" for property located at 707 Hwy. 78 North. Council Action - Denied Request by Greens Auto Parts for zone change from "R" to "B-2" for property located at 703 Hwy. 78 North. Council Action - Denied Request by Doug and Guy Poole for zone change from "R" to "B-2" for property located at 703 Hwy. 78 North. Council Action -Approved "B-1" with a specific use permit On January 6, 1997, Mr. Neely filed a Zone Change Request to change the zoning classification of this property from "A" Agriculture to "I" Industrial District. Citizens attending the Public Hearing raised concerns about allowable uses in industrial zoned districts, screening and aesthetics. This request was recommended for denial by the Wylie Planning and Zoning Commission. Subsequently, Mr. Neely withdrew the request. On February 3, 1997, The Planning and Zoning Commission satisfied the Public Hearing requirement on this matter by opening the meeting up to the public for comments regarding this request. The Hearing was then closed and consideration of the request ensued. Four members were in attendance. Because of the absence of the other members and the interest in this issue, a motion was made to table the matter until the February 17, 1997 Planning and Zoning Commission meeting. The Commission members consider the item and receive public comments. Financial Considerations N/A Legal Considerations Article 9, Section 2 (B2) of the Wylie Home Rule Charter, states that the Planning and Zoning Commission will recommend to Council proposed ordinances and amendments regarding planning and zoning changes. Staff Recommendation The Comprehensive Land Use Plan designates this area as being appropriate for RetaiVCommercial/Business zoning. Therefore, B-2 zoning is an allowable use. Because of this fact, staff recommends approval of the request. The intent of the Comprehensive Plan's land use designation for this area as "commercial" is to provide retaiVcommercial activities to serve the area and to provide a buffer area between the residential development to the south and the major thoroughfare of State Highway 78. There are many uses in the "B-2" Business District classification that are of an intensive nature that may not be desirable at this particular location. In many other cities, there is a classification such as light industry that addresses these type of land uses. Therefore, careful consideration must be given to the following: • What is allowable in the "B-2" District. • What currently exists in the immediate area. • What is shown as future land uses in the area (as illustrated in the Comprehensive Plan's Future Land Use Map) Property notifications were sent to all persons shown by the City of Wylie's most recent Property Tax Role as owning land within 200 feet of the property in question. At this time one favorable response and three responses opposing the request have been received. Attachments Zone Change Application, Public Hearing Notice, Property Owners List and Responses, Location Map, Area Zoning Map. Page 1 of 2 (5/93) CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE Case No. Filing Fee Date y70 l 7 Applicant k),(9c ��� Phone No. cig 02 ll y� Mailing Address: � Work No. esc-& 1 ( /()01- r--2‹ iD LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a.separate sheet and attached hereto).1 CZ/-3Z- } .0671idc. eL-r I hereby re uest that the above described property be c anged from its present zoning which is District Classification to 4. District Classification for the folio 'ng reasons: (attach separate sheet if necessary) There (are) (are not) deed restrictions pertaining to the intended use of the property. 2 Status of Applicant Owner Tenant Prospective Purchaser ✓ I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. Signed 4r7-2,,,,e Page 2 of 2 Note: 1 The legal description is used to publish notice of the required hearing and in the preparation of the final ordinance granting the zoning change. The description must be sufficient so as to allow a qualified surveyor to take the description and locate and mark off the tract on the ground. Each applicant should protect himself by having a surveyor or his attorney approve his legal description. Failure to do so by the applicant may result in delay in passage of the final ordinance or the ordinance being declared invalid at some later date because of an insufficient legal description. 2 If the applicant is someone other than the owner, written acknowledgement by the owner of the zoning request must also be submitted. PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, February 3, 1997 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North to consider the following: Approval of a zone change from "A" Agriculture to "B-2" Business District for Roy Neely for property located on the south side of State Highway 78 North, east of Kreymer Lane and more particularly described as lots 6, 7 and 8 of Wylie Ranch East Commercial Park. If action is taken, the City Council will hold a Public Hearing on Monday, February 24, .1997 at 7:00 in the Wylie City Council Chambers for action on the item referenced above. RE: PZ/CC -Morgan Return this form to: Kelley Shaw, Planner City of Wylie 2000 N. Highway 78 Wylie, TX 75098 I am in favor of the request for the reasons listed below. I am opposed to the request for the reasons listed below. 1. 2. 3. Signature Printed Name Address CHANGE OF PUBLIC HEARING NOTICE It was advertised in the Wylie News on January 15, 1997 that the Planning and Zoning Commission of the City of Wylie,Texas would hold a Public Hearing on Monday, February 3, 1997 at 6:30 p.m. in the City Council Chambers to consider the following: Approval of a Zone Change from"A"Agriculture to"B-2"Business District requested by Roy Neely for property located on the south side of State Highway 78 North, east of Kreymer Lane and more particularly described as lots 6, 7 and 8 of Wylie Ranch East Commercial Park. The Public Hearing portion of the February 3, 1997 Panning and Zoning Commission was opened and closed and consideration on the above referenced matter was tabled until the next Planning and Zoning Commission meeting on February 17, 1997 at 6:30 p.m. in the Wylie City Council Chambers. After action has been taken on this item, the Wylie City Council will hold a Public Hearing on Tuesday, March 11, 1997 at 7:00 p.m. in the Wylie City Council Chambers for consideration of approval of the zone change request. NOTIFICATION REPORT PLICANT: Roy Neely, 316 Callie Ct. , Wylie, TX 75098 APPLICATION FILE# • Name &Address TTORNEY, AGENT: Name &Address 3LK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME ADDRESS 688 3 Wylie Ranch East 1 John W. Anderson (330 Callie Ct.) PO Box 831154, Richardson, TX 75080 688 4 Wylie Ranch East 1 Harlan W. Routon 340 Callie Ct. , Wylie, TX 75098 688 5 Wylie Ranch East 1 Henry Nelson 350 Callie Ct. , Wylie, TX 75098 688 B1 2, Tr 196 Wylie Ranch East 1 Alumet Corp. 5655 Peachtree Pkwy, Norcross, GA 30092-2812 Amy & Buffy Parker 688 Bl 3, Tr 44 Wylie Ranch East 1 c/o Sarah Parker 1103 Dodd Dr. , Wylie, TX 75098 Wylie Hwy. 78 Joint Venture 688 B1 3, Tr 35 Wylie Ranch East 1 Bobby C. Beilue 5949 Sherry Ln, #1225, Dallas, TX 75225-8008 Wylie Ranch East 688 4 Commercial Park Myran Corp. 3831 Turtle Creek, #106, Dallas, TX 75219-4417 Wylie Ranch East 688 5 Commercial Park Myran Corp. "" PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, February 3, 1997 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North to consider the following: Approval of a zone change from "A" Agriculture to "B-2" Business District for Roy Neely for property located on the south side of State Highway 78 North, east of Kreymer Lane and more particularly described as lots 6, 7 and 8 of Wylie Ranch East Commercial Park. If action is taken, the City Council will hold a Public Hearing on Monday, February 24, 1997 at 7:00 in the Wylie City Council Chambers for action on the item referenced above. RE: PZ/CC -Morgan Return this form to: Kelley Shaw, Planner City of Wylie 2000 N. Highway 78 Wylie, TX 75098 am in favor of the request for the reasons listed below. - El I am opposed to the request for the reasons listed below. 1. 2. 3. &-/LGf C Signature Printed Name lam/ =�`"" " ' -7/ JP/`� l � Address �� /2 J FEBRUARY 4, 1997 HENRY NELSON 350 CALLIE CT. WYLIE, TX. 75098 429-0361 CITY OF WYLIE 2000 N. HIGHWAY 78 WYLIE, TX. 75098 ATTN: KELLY SHAW WE ARE HIGHLY OPPOSED TO THE ZONE CHANGE FROM "A" AGRICULTURE TO "B-2" BUSINESS DISTRICT FOR ROY NEELY. THIS PROPERTY IS LOCATED ON THE SOUTH SIDE OF HIGHWAY 78 NORTH, EAST OF KREYMER LANE, DIRECTLY BEHIND OUR PROPERTY. SI CERELY PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, February 3, 1997 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North to consider the following: Approval of a zone change from "A" Agriculture to "B-2" Business District for Roy Neely for property located on the south side of State Highway 78 North, east of Kreymer Lane and more particularly described as lots 6, 7 and 8 of Wylie Ranch East Commercial Park. If action is taken, the City Council will hold a Public Hearing on Monday, February 24, 1997 at 7:00 in the Wylie City Council Chambers for action on the item referenced above. RE: PZ/CC -Morgan Return this form to: Kelley Shaw, Planner City of Wylie 2000 N. Highway 78 Wylie, TX 75098 0 I am in favor of the request for the reasons listed below. ft(I am opposed to the request for the reasons listed below. 1. 14//mur v�Sn,�JI Tt 5-zwzgo 0 Ai1.omar 2&51DENT7-4,2 .13/j/i 1 7-7 2. 5 cf{ !44._ //t/ 9oV 'v4 Ma1-1frir 7 g. 4 R-ou.w701 of .r try 14A-LAS'P,z41t1 / F WL 13vr//V ss0s IA-f r .4-&,,1 wrAl2 .4 3. one s(r s IA( wy6' . _t&c4 y A-P O /re-r,.y- d /=o rim T1rn_ sp )30s1i4r-Sc co.,f w r 14IS cff 4/- /s fireRaf--C,77(0 Signature )11' a6(064frl_ Printed N e .Jo A4J W /l //a Address �7317 4GU i A1/it//f/ 71on PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, February 3, 1997 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North to consider the following: Approval of a zone change from "A" Agriculture to "B-2" Business District for Roy Neely for property located on the south side of State Highway 78 North, east of Kreymer Lane and more particularly described as lots 6, 7 and 8 of Wylie Ranch East Commercial Park. If action is taken, the City Council will hold a Public Hearing on Monday, February 24, 1997 at 7:00 in the Wylie City Council Chambers for action on the item referenced above. RE: PZ/CC -Morgan Return this form to: Kelley Shaw, Planner City of Wylie 2000 N. Highway 78 Wylie, TX 75098 [] I am in favor of the request for the reasons listed below. I am opposed to the request for the reasons listed below. 1. 0a ,tv jr9AL6 ,_."d' 2. J 2 A Q�c�- �/CL .(�./c.� � t ca.� /;c. ,:/- 3. -1— G1-1-Awn. j%2 c, Signature .r171.1-c�:1i G' ') Printed Name /Y/tr'/ er ir,e/7/z9r/ Address J. ?G,f&(- L7/ ' r hu,24_4-1 -to .' 6 //27a7e/ z-a- c-/ ,i/42 0/-1( 17)-)Lz_ 043 Airlez-0 - avid �� ad,Q,0 4 e'/,/ , s -Tr? v7, to va_ceLe 1411 e,<17_" 340 5- r2- t) (9_,Gcj c,c,„ 0,2--ti 0--t_<- /Lai/ bt-A/-5,-- 17/ MA ct_o -cf,6_tL tA> _EL /x,,,t, la_ 3 daieze P5 • ,2-- 1;46,74 Cam A-&/-ebt gzie /1:6" yht, .ice l'�.; 4/Wq 7 304e-ovia-17 February 8, 1997 City Council of Wylie Hwy 78 Wylie, Texas 75098 Dear Council Members: I would like for this letter to be put on Public Record in regards to a Zone change for the property located on Hwy 78 East of Kreymer Lane and North of the subdivision of Wylie Ranch East also known as lots 7, 8, 9 Wylie Ranch East Commercial. The Zone at the present is Agriculture and a prospective buyer wants a B2 Zoning. If I read the layout of the City maps-right the property to the West and East of the lots in question have a B 1 Zoning to the South and everything else around the property is residential. I am strongly opposed to the Zoning change for the following reasons: 1. The residential property to the south is 3 and 1/2 inches lower than 78 now. The water run off when it rains comes straight towards the residential area. We have several homes that almost flood. We also understand the City is aware of the problem and just does not have the money to fix it. 2. We have a couple of homes that already have septic problems and when it rains the septic comes to the top and sits in the ditches. These ditches are a haven for crawdads and the kids love to fish for them. This has also been brought to the attention of the City Code Inspector to which the reply was it is FRESH WATER because he had the City run a test on the water, but the smell says differently. 3. If the lots behind are allowed to build now BEFORE the City has solved the water problems and the owner builds the land up any at all I guess I do not have to tell you where the water will go in full force when it rains. 4. I understand there will be barrels of waste stored until they are picked up and emptied. Can you at all with a clear conscience tell the people out here there will be no leakage, spills; cracks or holes in or from the barrels being picked up and dropped back down. (I use this phrase only because I have watched them pick up the trash and no pains are taken to assure there is no spillage and we are only talking trash at this point) 5. I also want to state that I am full aware that this land WILL BE developed at some point, and when we bought our land about 15 years ago we were told this would someday be a retail strip shopping center and this was something we could live with. 6. We the homeowners have come to the 2 PZ meetings and voice our concerns only to be told that this would be addressed at the Platting Phase. Won't this be just a little late? Will we then be told that we should have made our concerns known before? 7. The potential owner also has stated in both of the previous PZ meetings that they would like to stay in Wylie but we also as homeowners and taxpayers would like to stay in the city of Wylie. We also know that we don't produce the amount of tax dollars that a business does but we want a CLEAN AND NICE place to live and raise our kids and not have to worry when they wade water in the ditches. 8. We have been told several times that the City has inspectors that will keep up with spillage and requirements imposed by the City on all property to see that they conform with City standards but one only has to drive around town and look and wonder about this also. 9. I also thought that City Council Members were there to help and listen to the voice concerns of those that elected them to speak and respensent us and that they also to keep a clear and open mind until ALL sides were heard from on a matter in question, But our Council repensentive has come to both of the PZ meetings with his mind made up, he has also spoken out at the 3 homeowners directly connected to the land. At the first meeting he told us in belittling tone we needed to know that something would be built on that property and he was all for the proposed Zone change which was at the time for INDUSTRIAL ZONING. We asked the PZ committee to please not put anything in our backyards that they would not put in theirs. They were very understanding and did not approve that zone change. At the end of the meeting the proposed property owner was quite upset and said she would get her B2 Zone on the property and there was not a thing the homeowners could do about it and that SHE owned the only thing out there that was worth having and if we did not like it she would buy us out. I may not have the money that she does but I have put all I do have in my home and property and very PROUD of what I do have, I came to Wylie 11 years ago after owning the 2 acres for 4 years prior to that. 10. At the town meeting for the railroad the people around it was concerned about their property value if the switching station is allowed to be put in. I also worry about my property value with the B2 Zone directly behind me and the switching yard across the Hwy. what do you think our property will be worth then? How long might it be before ALL of the property along Hwy.78 is changed to a B2 if this zoning change takes place? Isn't a B2 zoning the same as LIGHT INDUSTRIAL ? 11. In closing I plead with you to consider the Zoning of retail as a buffer between the Railroad and our homes as was intended and give us a chance to live in harmony with all. Sincerely, r ) Marie Routon 340 Callie Court (lot 4) Wylie, Texas 75098 PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, February 3, 1997 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at.2000 Highway 78 North to consider the following: Approval of a zone change from "A" Agriculture to "B-2" Business District for Roy Neely for property located on the south side of State Highway 78 North, east of Kreymer Lane and more particularly described as lots 6, 7 and 8 of Wylie Ranch East Commercial Park. If action is taken, the City Council will hold a Public Hearing on Monday, February 24, -1997 at 7:00 in the Wylie City Council Chambers for action on the item referenced above. RE: PZ/CC -Morgan Return this form to: Kelley Shaw, Planner City of Wylie 2000 N. Highway 78 Wylie, TX 75098 El I am in favor of the request for the reasons listed below. I am opposed to the request for the reasons listed below. 1. I rn 2. 3. Signature Printed Name -/J () Address 3 30 � 11 �� THIS IS NOT ABOUT ROY NEELY'S BUSINESS IN PARTICULAR, BUT THE PRESIDENCE IT WILL STATE FOR OTHERS. HIS OR ANY OTHERS BUSINESS OPENS TOO MANY BLIND DOORS, AND THE DOORS ARE RIGHT OUT OUR BACKYARD. 1 . OUR PROPERTY VALUE WILL DECREASE, FOR NO REASON ON THE OWNERS PART. THESE ARE NICE HOMES IN A NICE AREA. WHAT INCENTIVE DO WE HAVE TO PUT MORE IN OUR HOMES WHEN INDUSTRY SO QUICKLY DRAGS US DOWN. NATURALLY HIS BUSINESS PROPERTY WILL INCREASE OFF OF OURS DECREASING. 2. CRIME IS OF MAJOR CONCERN!!! CRIME WILL RISE!!! IT IS A PROVEN FACT THAT EVEN THE SMALLEST CRIMES WILL INCREASE WITH BUSINESS' MOVING IN. 3. TRAFFIC FLOW WILL MULTIPLY, AT ALL DIFFERENT TIMES DURING THE DAY, MAYBE EVEN THE NIGHT. THE EMPLOYEES GOING IN AND OUT, SALESMEN CALLING ON THE BUSINESS, PEOPLE APPLYING FOR JOBS. 4. TRUCK DELIVERIES-UNKNOWN PEOPLE TO OUR COMMUNITY, DELIVERING PRODUCT AND WATCHING OUR HOMES WHEN WE ARE THERE, OR NOT THERE. WE ARE TRYING TO KEEP IN CONTROL OF OUR SITUATION, AND KEEP OUR NEIGHBORHOOD SAFE, AND CRIME FREE. WE KNOW THAT COMMERCIAL BUSINESS IS OUT THERE, BUT WE WOULD LIKE TO KEEP IT OUT OF OUR BACKYARDS. MR. NEELY HAS OTHER OPTIONS TO TURN TO, WHEREAS WE DO NOT. HE COULD EXPAND HIS SHOP NOW, OR MOVE TO ANOTHER LOCATION THAT IS ALREADY SET UP FOR BUSINESS. WE DO NOT WANT TO RAISE OUR CHILDREN OR LIVE IN A NEIGHBORHOOD THAT THESE TYPES OF BUSINESS' ATTRACT, AND WE WOULD CERTAINLY HATE TO MOVE, BUT TO KEEP OUR FAMILIES SAFE, WE WOULD. letc_eA:AL Lett, FEBRUARY 4, 1997 HENRY NELSON 350 CALLIE CT. WYLIE, TX. 75098 429-0361 CITY OF WYLIE 2000 N. HIGHWAY 78 WYLIE, TX. 75098 WE ARE HIGHLY OPPOSED TO THE ZONE CHANGE FROM "A" AGRICULTURE TO "B-2" BUSINESS DISTRICT FOR ROY NEELY. THIS PROPERTY IS LOCATED ON THE SOUTH SIDE OF HIGHWAY 78 NORTH, EAST OF KREYMER LANE, DIRECTLY BEHIND OUR PROPERTY. SINCERELY FREEMAN 2' EKA AC. --------------.-------------"."-----------"E" - • . TEXANA LIMITED INC. 7.7" 92.84 • ....--"*.---''''''''.:-,. . . - 3 . Ge(�tenn1o1 x . • "' CRY . HALL Y U _... SITE L.. C.1 . CT C n. (n Y IGHT 4 . .. STATE HWY. 78 WALTER RAY MILLER AitCHIE RAY ARTHUR ARCHIE -_ -- PARKER R PARKER C CO. PAIR 104 AC. EUBANKS MILLER KNAPP EUBANKS ELEC 1.0 AC. I AC, 1.11 AC. IA I 0 AC i 0 AC AC. 10 AC. WYLII RANCH EAST .P AY MII I ER I 2,MNERCI . MRK4 5 6 7 8 ' 104 1C. PAIR ARCHIE EUBANKS X X X 13.92]AC. ---SITE--- ARCHIE EUBANKS _ DAVID H PARENT TRUSTEE ®l©igigD• 1 13.925 AC. 2" 3r i 12C19 18 17 16 • 4 2 ws,e31 AC. 25 •evons ire Lane \ d 3 1 2 3 4 5 NOLAND EUBANKS NOLAN EUBANKS 26 13 12 11 10 9 8 7 6 5 4 3 2 11 6 4 14.64 Ar_ 14.G4 AC. 27 I ` P 28 >- . 1 161718 19 •21 -22 •25� Collie Court 29 : Alai WYLIE RANCH EAST to AC. • 30 lt.' 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I cr•)•••••••••••1iII ),'/ "' s /L 2 /°' '. 87' 39 ___________-_- CttY Limits // _-- �• — _ _ _. • •,,/• ,„ f ` //' . -- --~ 86 - 88 -_ _ City Ltmtta - 39 6 ; 00 6 ,p _ 3 , _ ---- \ . 1 0 am•D 1 87 39 03 -/ _ ► , � �'� 86 - 88 tn s 86 88 , M � b e .iftosY i 12 K-86-88 S 2 , 6 - A - ,�' . i 86-88 - 1 4 8 5 0 . 15 14i' 7 ; g _ — 8621 S 6 7_�/� � w. ' I I — _ -'g - - SITE8 •AJ If :i1,' , . ;i fi i � Li ...,„ sisz.a,t, r- 111-11P TIT -----4-.7.-,--4. ,, S FA /�r� • rrr ,r�Trm�Tl r r1 -__-___=_______= 8 6 -�21 , .I -- UT [ , . „ 83 — ' ., L llLl Easi Brown '(, 5F 2 • K_ P., . MF SF A p D 1 86-62 7 0 - .' .. - 8 5 —71 8 3 —4 5 " —8 4 A A _ A SF II Itiffi _ HLi.u {1J , A EF ., ? . 83 -2 ' ,n` L _ _ J Tr1=r ---- Planning & Zoning Commission #1 Public Hearing Item Re: Recommendation for Approval of Zone Change February 17, 1997 Issue Hold a Public Hearing and consider a recommendation to the City Council a request from David and Jan Morgan for approval of a zone change from "MF" Multi-Family Residential to "2F" Two Family Residential District for property located at 102 S. Fourth and more particularly described as lot 1, block 22 of Railroad Addition, City of Wylie, Texas, recorded in Vol. 77, page 494, Deed Records, Collin County, Texas. Background David and Jan Morgan are requesting that the above referenced property's zoning classification be changed from "MF" Multi-Family to "2F" Two Family Residential District. The City of Wylie Comprehensive Plan's land use designation for the property in question is Residential. Per the Comprehensive Plan, Residential is defined as follows: • SF-1, Single Family Residential District • SF-2, Single Family Residential District • SF-3, Single Family Residential District • 2F, Two Family Residential District • SFA, Attached Single Family Residential District • MH, Mobil Home District When determining what is an appropriate land use, consideration should be given to the existing development in the immediate area. This area has been developed with single family residences to the south and east. Directly behind the property to the west is a duplex. To the north, there are retail uses along State Highway 78 North. The property on the east, west and south sides of this location will still be zoned as "MF" Multi-Family. The property to the north is zoned as Retail (please see attached zoning map). This particular piece of property has been condemned and the previous structure demolished. The Morgans have recently purchased the property and now wish to build on it. Property notifications were sent to all persons shown by the City of Wylie's most recent Property Tax Role as owning land within 200 feet of the property in question. One favorable response has been received. Financial Considerations N/A Legal Considerations Article 9, Section 2 (B2) of the Wylie Home Rule Charter, states that the Planning and Zoning Commission will recommend to Council proposed ordinances and amendments regarding planning and zoning changes. Staff Recommendation Staff recommends approval of this Zone Change Request. It conforms to all requirements and guidelines set forth by City adopted ordinances. Attachments Zone Change Application, Public Hearing Notice, Property Owners List and Responses, Location Map, Area Zoning Map. ,V/7 Page 1 of 2 c C A?) (5/93) CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE Case No. Filing Fee � Date I —/5— 97 Applicant QU I Jark. Phone No. '4/ a,-a Mailing Address: Work No. (9O(t, Do woad LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a.separate sheet and attached hereto).1 )o / , 6 lock a z o-F it2ot I ro c o(- cic,C Fort , art (idd6,4 o►2 -6cci if/ o Wy l ice, Co IL �� Co,T� J r L n -fo �h.e, pia,-E- draw by "Thomas Kr n ilearLco rd-e-d- .h 1'o l, 7') a< I " � � (� 4�R�{' � �mac(- l2zc.ord S � Cot�;�. Co 73a � /h� ��,rr e_ pra percy ale scri in �p�e L eicord�oc- .h Vol. 7 SS1 pa e_ 7 S Deed. �wrds of C6L/ikt hereby request that the above described property be changed from its present zoning which [a --ru is rn. r District Classification to a F District Classification . for the following reasons: (attach separate sheet if necessary) We, WO cuL o(, p r&-�-e-r b cc.;l d, & CLito l )c /-4,441-er ha-a a_ o a-Me, otko 1/te- V" ?/v7� �``� rat r� W-e- are, re t sh� i eA04,6� / it `(;h� D hi11 0 prop-orA/ There (are) (lre not,deed restrictio s pertaining to the intended use of the property. 2 Status of Applicant Owner Tenant Prospective Purchaser I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. Signed ,,, r Page 2 of 2 Note: 1 The legal description is used to publish notice of the required hearing and in the preparation of the final ordinance granting the zoning change. The description must be sufficient so as to allow a qualified surveyor to take the description and locate and mark off the tract on the ground. Each applicant should protect himself by having a surveyor or his attorney approve his legal description. Failure to do so by the applicant may result in delay in passage of the final ordinance or the ordinance being declared invalid at some later date because of an insufficient legal description. 2 . If the applicant is someone other than the owner, written acknowledgement by the owner of the zoning request must also be submitted. • GFA417014—H WY _ 00'93 2251 Prepared by the State Bar of Texas for use by lawyers only. Revised 10-85. O NMS In Mr Uwe Bar r!rr,.. WARRANTY DEED Date: October 24, 1996 Grantor: FLORENCE L. MUELLER, a single woman Grantor's Mailing Address(including county): Grantee: JAN C. MORGAN Grantee's Mailing Address(including county): 306 Doogwood Court, Wylie, Texas 75098 (Collin County) Consideration: TEN -- ($10.00)-- DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED; Property(including any improvements): Being Lot 1, Block 22 of RAILROAD ADDITION, an Addition to the City of Wylie, Collin County, Texas, according to the Plat drawn by Thomas King, Engineer, recorded in Volume 77, Page 494, Deed Records, Collin County, Texas, and being the same property described in Deed recorded in Volume 785, Page 575, Deed Records of Collin County, Texas. • Reservations from and Exceptions to Conveyance and Warranty: Subject to any and all restrictions, covenants, conditions and easements, if any, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent that they are still in effect, relating to the hereinabove described property. • Grantor,for the consideration and subject to the reservations from and exceptions to conveyance and warranty,grants,sells. and conveys to Grantee the property,together with all and singular the rights and appurtenances thereto in any wise belonging,to have and hold it to Grantee.Grantee's heirs,executors,administrators,successors,or assigns forever.Grantor binds Grantor and Grantor's heirs,executors,administrators,and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators,successors,and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof,except as to the reservations from and exceptions to conveyance and warranty. When the context requires,singular nouns and nrunounc inrhvh•the ntrrr,t 0 ENCE L. MUELLER (Acknowledgment) STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the a.?S-!( day of October ,19 96 by FLORENCE L. MUELLER Notary Public,State of Texas :'::*, ROBIN MILLER*. Notary's name(printed): " ' r Notary Public,State of Texas $ /o • + n // Notary's commission expires: •�,= My Commission Expires 1•21-2000Y • (Corporate Acknowledgment) STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of ,19 by of a corporation,on behalf of said corporation. Notary Public,State of Texas Notary's name(printed): Notary's commission expires: �I AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: JAN C. MORGAN WAYNE H. COBB, JR. 306 Dogwood Court 403C Birmingham Street Wylie, Texas 75098 ' Wylie, Texas 75098 • • .r.:. • PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on -Monday, February 17, 1997 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North to consider the following: Approval of a Zone Change from"MF"Multi-Family Residential District to "2F"Two Family Residential District for Jan Morgan and her property located at 102 S. Fourth and more particularly described as lot 1,block 22 of Railroad Addition, City of Wylie, Texas, recorded in Vol. 77,page 494,Deed Records, Collin County, Texas. If action is taken,the City Council will hold a Public Hearing on Monday,February 24, 1997 at 7: 00 p.m. in the Wylie City Council Chambers for action on the matter referenced above. RE: PZ/CC -Morgan Return this form to: Kelley Shaw, Planner City of Wyie 2000 N. Highway 78 Wylie, TX 75098 I am in favor of the request for the reasons listed below. I am opposed to the request for the reasons listed below. 1. 2. 3. Signature Printed Name Address NOTIFICATION REPORT APPLICANT: j Or( Vo( APPLICATION FILE# I l F 2 F -c/ Name &Address L01— ( SI e ea,.(road A41 ATTORNEY, AGENT: Name &Address BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME - ADDRESS (4 &load Mcivt &vme-4 '\ e vi + too J 44 SP,e� - Wg1e 7 O9 OD r If If 0A J. . Cox Co. fox 45 ( - 11/ , ?si8 I 9 I, II k l 3 i, 12i Ai (d 123y V-ex. fig. F2oXc 0-1 - dupe, 7So9g tc S rt I' Ic It CD It I' I t 1 Ir t( • , t li y) Ii II <' V C • N o rve L. Czir FD. 7ox &160- id 'e 7SOS 3 p5u lkiilvuoyi Co. tux is - VI 'e w)q8 G o ovl In i�' fi 4 2�N WoPeV-'ie� �Pna box 69 - vJv�(ie 7 3 it 6 , , • rc 1 'I -- 1I I' NOTIFICATION REPORT APPLICANT: APPLICATION FILE# .. Name &Address ATTORNEY, AGENT: Name &Address BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME ADDRESS 2 Vii\irW NOVI V. 2 Crler 419 lea ors Ave- w14.e, It 5 II Ii II 2 Louise 10 /1D41 � L. whi+ moo 4---kievi - 751 1* I l 1 (i I, 1 ii II ti 1 i I ti k3r l KA m&SPY Pa e7ox 1-1 I e_Vi Ile Tx -1S12I 15 I.I � Street # oS " �' �r 1�17 e G( tv1(souri n -.1 Tx 111-1Aq /5 Nla(. E . noP cr cp. f ax Ga2 - frilv4, 6 23 S I77M L. (\ rJ/i, Aori V 361- rs - kie A 60-ee . ueevie / v61)‘e II fizA « 01 0 CVA?d -h. W Uic 100, nnoon i; ,-r o rx 160'14 Rav� 2 1- PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on -Monday, February 17, 1997 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North to consider the following: Approval of a Zone Change from"MT"Multi-Family Residential District to "2F"Two Family Residential District for Jan Morgan and her property located at 102 S. Fourth and more particularly described as lot 1,block 22 of Railroad Addition, City of Wylie, Texas, recorded in Vol. 77, page 494, Deed Records, Collin County, Texas. If action is taken, the City Council will hold a Public Hearing on Monday,February 24, 1997 at 7: 00 p.m. in the Wylie City Council Chambers for action on the matter referenced above. RE: PZ/CC -Morgan Return this form to: Kelley Shaw, Planner City of Wyie 2000 N. Highway 78 Wylie, TX 75098 El/ I am in favor of the request for the reasons listed below. f I am opposed to the request for the reasons listed below. 1. 2. 3. • ( X Signature f/�G—��.�P/ - Printed NameAg),Ot/ L Lt� /1 Address I 6.172- , A V ) y PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on -Monday, February 17, 1997 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North to consider the following: Approval of a Zone Change from`M °'Multi-Family Residential District to "2F'Two Family Residential District for Jan Morgan and her property located at 102 S. Fourth and more particularly described as lot 1,block 22 of Railroad Addition, City of Wylie, Texas, recorded in Vol. 77, page 494,Deed Records, Collin County, Texas. If action is taken, the City Council will hold a Public Hearing on Monday,February 24, 1997 at 7: 00 p.m. in the Wylie City Council Chambers for action on the matter referenced above. LICE,-iviorgan Return this form to: Kelley Shy ,.,Planner City of Wyie 2000 N. Highway 78 Wylie, TX 75098 • 1E1 I am in favor of the request for the reasons listed below. Ei I am opposed to the request for the reasons listed below. 1. .1, have, Irea o•v\ oterv',e.. it . 2. 3. • Signatured4„14..-1 Printed Name biAD IIARA[R Address 101 S- t'ol,lk t // JACK 29,75 AC - PApo - / a 4 72 AC __ // BILLY KREYMER / O•/ / N.// 15.93 AC. FCSSER - S.y- N__E� JR µ _/ ' 2E 1 �/ ' •2 a/ ' Is- ..-/ •3r as 1. S.a^ . +2 st e I 1 2 1 t © +' I rs7 a' • 1 �• 2c+ 3• I • s' 4 • 1 as 1 IC I 3I 1♦ 433: • I! J.C. KREYMEF "9" f0 •zs .233 AC. 3s + ' „• 4 JC. ILL KREYMEA • u > '- ' KREYME t 30 AC. r x/ ~ 27 AC t . 1. • ;,BROWN STREL . 71— .„^*- ., .. c tr. r, Its r ' r. I • . 2 • t • © 1/ •� - 4 34 3 Ia , • /'mil s • I'�1 l • �� Z l . ' %_ '� /1 i I 3 6 •' i -------1..._i.i,_L. .. . L .._____.I7ac to zs za 4 °JEf ... tFRSON ° STREET ° 3• °� Iii fo i01 411,, ® � 3 H '® � ��� 1 ' ems � � A - 2A I • 3H sd 4 Izi ; °MARBLE a STREET Marble.' ,i .. mow Q.� I ; I -• di F ifi III i r , 1 ,''1.•-` ' a � 13 ' 3 i Eli a . • • Ell Ell 1E1 s)• r 7 .n Fi 4 WE Intl Y . • Elnill ° 0 A K . ` b 3- STRE T �. SIT OAK STREET =I v o ® • az , - Its t tss i>♦ 1 / 1 ,i 7z miair Aim Ws IN 14 MI 14 I !...- 4. mg KM wz EDp , '3 Ell agg Ell IEW 21- titr.....- .T. Ea01111 Ell , . 1• 1 ,• 7 Oil• LT ® • PLOT I • oW A S T E R S AVENUE - o !•''r•!•='•• t(�= . .....nz:. lra. VZ �I ,. 7. ,. a t I I •, 7•, a 3 2 I 411110, ' ! ' 41 17 O 50 Ir K. II E . R-I r- a n �i e`� M t V 11 1• it it 14 j II 14 •� 7l.t Y TTi (, i:] I. . It •. pj 12 _ t,-- F ' 12 1• It 1. IC ,1 , 7 S .• �4" •'y • . A. waO ® Irli 1. Il • 1• 13 .a a 1• 13 Ia ^ a xi • Is _�� r e 1:=>sa i !7 ro t2. r, al - •:, ,a' In r°. .zr n m 70__Su In E C BUTLER 3c STREET —� pc n ,:,Y 41 ..ti as as • r, Ita •f a aC Ip ^-05'�h,7RR—•'�1 aC �` 7 aC 1f ;73 • it, %`I'- .4 • • Z . 0 1 3 .__- . 4: .— _. . 1 i• r K tt M C M M \17 !/_±,r 3 2 2 1 T. - t ^ to t • t 1 t .P f » 3 • • lI :'i!' 71'n q•i d u ` r!' �C y • s re 40,12 : 7—4— — ) '3 . '- 3 r- r- r- . CALLOWAYE STREET E -- c • • c 33 , u • t• • ' c I r' •�_ � •��z :• WOOOHOLLOW LOUR { - ll rs 11 St• { 43 n Y ©a t-.��..r 7 , • 7 • . !3 7 tM1 ••.: 3 • „ i 17• M 1 ' 11,1?,s �ocKaon\ — 1 r 1_rr r - - LT _ ,f I. 00 W -Q / ) co Sal I. •'' Ballard — iL) It- MO I . room I , iiii74..-_:-.) I .(j) CAI nilli -_ ,( - _�g _ _ , a treat imam ma 001 s 0 —.17 1 Fr 4 '2nd St eat \ 1 '�t I _ ICC) co al -A moo .....1 '�� - -2 eat _: 0) bil era I , L Cr) Immo III 04 34:. ;Si. eat -- ,\ s siIiimi f a i yyil I in -4 CO - H a ,0,111 `` -is -1J � � 1i� = ' v) Sth Street I "-' ,'� W . 1 I- -. -lir \, Ill I 1---1 Iv , , I i ,e, 4Ik ss • c: i __.1. .‘; N 1 W m I: i N TT. ; Nf jim.....",._ X t iP -(+ F ".fv iv ,,, 1.1 ),,4 �tq"t ";9 �hi two +j . i�..i. c �� $y ,,, , f ry p4 a..t.•,4 ye,,,„..; r a^ � y , �a¢ tl fjy i �t �i Laf — • �1 ac �, r t� it+ M ax xa»* a 111"'vvv ,,it • :7y, r _. ......-- u:.,.:�f v.,!':....�_. uui.� is al"",,/4.' k.. � �4\,-; 'q,641,:-tf � .).�4tiq•,A'., ..,y� .i 11.1 ` :- . .... .,. y....�'\... ,.ar.bY.i'u.¢'�."t, r w. .h.Ll"�5 ,a.y.. r '{ Az�- �.,i ad.rtY,Y'�5a 1..... , Planning & Zoning Commission #2 Public Hearing Item Re: Recommendation for Approval of Zone Change February 17, 1997 Issue Hold a Public Hearing and consider for recommendation to the City Council a request from Richard Parker for approval of a zone change from "A", Agriculture to "MF", Multi Family Residential District for a 16.356 acre tract of land located at the southwest corner of Parker Road and Ballard Avenue and further described as the W.D. Penny Survey, Abstract No. 696, Tracts 33 and 33-9. Background Mr. Richard Parker owns a 16.356 acre tract located on the southwest side of where Ballard Avenue turns into Parker Road. Mr. Parker is requesting to rezone the property from Agriculture to Multi-Family. Wylie's Comprehensive Plan provides direction regarding this type of major development issue. The Comprehensive Plan's purpose is to provide a general blueprint for future growth and development of Wylie. As such, it has general goals that are reflections of the community's values and desires and are intended to improve Wylie's quality of life. Housing goals are summarized as follows: • Encourage development of a variety of housing types in Wylie, with emphasis on low density single family homes. • Increase the number and quality of Multi-Family developments. • Improve and/or maintain the quality of existing neighborhoods in Wylie. The Comprehensive Plan also contains more specific Multi-Family development guidelines. These guidelines help in establishing criteria to be used in determining the feasibility and location of Multi-family developments. The development guidelines stated in the Land Use Plan (section 7.5.1) are to be used in conjunction with other elements of the Comprehensive Plan such as the Thoroughfare Plan. Multi-Family Development Standards are listed as follows: 1. Locate Multi-Family residential areas along arterial or major collectors, near neighborhood commercial services, and convenient to activity centers; 2. Where possible, Multi-Family housing residential should be adjacent to major parks, greenbelts, and private open space and recreation areas; 3. Multi-Family housing should be dispersed so that no more than 200 units are located in any one area, with a minimum 1,000 foot separation between developments; • • 4. Multi-Family housing should be dispersed within two or more contiguous neighborhoods so that no more than 400 units are clustered together. Although Multi-Family is considered a residential land use, the City of Wylie's Comprehensive Land Use Plan lists Residential and Multi-Family as separate land use designations. According to the Land Use Plan Map, the area for which Mr. Parker is requesting the zone change is designated as Low Density Residential. The Land Use Plan Map provides visual examples of possible Multi-Family locations meeting the criteria stated within the Comprehensive Plan. However, the Land Use Map does not show all possible locations of Multi-Family development. It is only a visual representation of the goals and objectives of the Comprehensive Plan. When a development proposal or related zone change request is in conformance with the goals and objectives of the Comprehensive Plan but in conflict with the Land Use Map, the proposal still may be valid. The map is nothing more than a graphic representation of the Comprehensive Plan's policies. Community Development Department staff has estimated that there currently exists approximately 305 acres that are zoned for multi-family development. Of this 305 acres, it is estimated that there are 15-20 acres currently developed as multi-family residences. Wylie's current total number of Multi-Family units is estimated to be 377. Although not relevant to the appropriateness of the land use, all complexes existing in Wylie report to be at or near 100% occupied with waiting lists. Zoning that currently exists in the area (see attached zoning map) consists of Single Family Residential to the southwest (developed), Agriculture to the south (undeveloped) and east of the location is an Industrial zoned lot(developed) and Single Family Residental property (developed). Public Hearing Notifications were sent to all property owners within 200' of this site and within the City Limits. To date, none have been returned. Financial Considerations N/A Legal Considerations Article 9, Section 2 (B2) of the Wylie Home Rule Charter, states that the Planning and Zoning Commission will recommend to Council proposed ordinances and amendments regarding planning and zoning changes. Staff Recommendation Staff recommends approval of the zone change request. This request conforms to Multi- Family development guidelines as stated by the Comprehensive Plan. It also conforms to other general guidelines for multi-family development such as needing to be located on the perimeter of residential neighborhoods with access to primary arterials so that traffic is diverted from going through neighborhoods. It will provide a buffer area to the neighborhood from major thoroughfare traffic and noise on FM 2514 (which is scheduled to be a 4 lane divided road per the Thoroughfare Plan). The location is also convenient to schools, activity centers and retail services. The square footage available for multi-family development at this particular location allows for a maximum of 185 units (subtracting proposed open space requirements). This number is well within the maximum number of units that are allowable in one area per the guidelines of the Comprehensive Plan. Staff is currently in the process of updating the Multi-Family Development Standards contained within the Zoning Ordinance. This process should be completed by the end of March. The applicant is aware of the changes being made and has informed staff that he has no objections to the proposed changes. Multi-Family development is a valued part of a community's housing stock. While many types of households may elect to live in apartments, multi-family housing is especially important in meeting the housing needs of small and mobile households. As long as the adopted guidelines and development standards are adhered to, multi-family can be a positive attribute of Wylie's quality of life and attractiveness. Attachments Zone Change Application, Public Hearing Notice, Property Owners List and Responses, Location Map, Area Zoning Map, Proposed Multi-Family Development Standards. Page 1 of 2 (5/93) CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE Case No. Filing Fee Date /'- 1e-99 Applicant , 2/ Phone No. Mailing .. es Work No. 0 � �'0-7 LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached hereto).1 I her y request that the above described property be changed from its present zoning which is /6 District Classification to Xic District Classification for the following reasons: (attach separate sheet if necessary) There (are) are not deed restrictions pertaining to the intended use of the property. 2 Status of Applicant Owner Tenant Prospective Purchaser I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. Signed ��tii ti Page 2 of 2 Note: 1 The legal description is used to publish notice of the required hearing and in the preparation of the final ordinance granting the zoning change. The description must be sufficient so as to allow a qualified surveyor to take the description and locate and mark off the tract on the ground. Each applicant should protect himself by having a surveyor or his attorney approve his legal description. Failure to do so by the applicant may result in delay in passage of the final ordinance or the ordinance being declared invalid at some later date because of an insufficient legal description. 2 If the applicant is someone other than the owner, written acknowledgement by the owner.of the zoning request must also be submitted. PROPERTY DESCRIPTION TRACT I Being a tract of land situated in the W.D. Penny Survey. Abstract \a. 696, City of II i•lic, Collin County. Texas. and being a portion of that certain tract of land conveyed to Jack Parr by deed recorded in I irlu,,u' 358. Page 285. Deed Records. Collin County. Texas and being snore particularly described as follows: Beginning at a /.'2 inch iron rod set in the south right-of-wcey line of Parker Road (F..11. 2514) for the northeast corner of a 1.87 acre tract of land conveyed to II illiam Downs by deed recorded in ! Ohmic' 1820, Page 776, Deed Records, Collin County. Texas: Thence, S 88°44'48" E. along said south right-of-way line, a distance of 568.69 feet to a 112 inch iron rod set for the beginning of a curve to the right having a radius of 768.51 feet; Thence, along said curve to the right, through a central angle of 76°25'38" an arc length of 1025.12 feet to a 1/2 inch iron rod set in the north line of a 4.6.? acre tract of land conveyed to "Texas Power and Light by deed recorded in Volume 57.3, Page :12, Deed Records, Collin Counts', Texas: Thence, S 87°30'45" !V, along the north line of said Texas Power and Light Tract, a distance of 1303.27 feet to a 1/2 inch iron rod set for the northwest corner of said Texas Power and Light Tract and the southeast corner of aforementioned Downs Tract: Thence, N 00°02'38" W, along the east line of said Downs Tract, a distance of 673.36 feet to the Point of Beginning and containing 712,475 square feet or 16.356 acres of land. CHANGE OF PUBLIC HEARING NOTICE It was advertised in the Wylie News on January 15, 1997 that the Planning and Zoning Commission of the City of Wylie, Texas would hold a Public Hearing on Monday, February 3, 1997 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North to consider the following: Approval of a Zone Change from "A" Agriculture to "MF"Multi-Family Residential District for Richard Parker and his property located at the junction of Ballard (FM 2514) and Parker Road and more particularly described as 16.356 acres being situated in the W.D. Penny Survey, Abstract No. 696, recorded in Vol. 358, page 285, Deed Records, Collin County, Texas. This Hearing has been rescheduled for February 17, 1997 at 6:30 p.m. in the same location referenced above. If action is taken, the City Council will hold a Public Hearing on Tuesday,March 11, 1997 at 7:00 p.m. in the Wylie City Council Chambers for action on the matter referenced above. RE: PZ/CC Return this form to: Kelley Shaw, Planner City of Wyie 2000 N. Highway 78 Wylie, TX 75098 ❑ I am in favor of the request for the reasons listed below. ❑ I am opposed to the request for the reasons listed below. 1. 2. 3. Signature Printed Name Address NOTIFICATION REPORT t APPLICANT: 0 61/1 ara qf4.1( APPLICATION20Vte, FILE# (�(/l �p MF - Name &Addressor/ ATTORNEY, AGENT: 1 Name &Address BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME ADDRESS Ac ( Vivli)itAetVI t 11iior11 /of -a- OUvtt'�1 ar� J. Core f 7 Dr qg A- 2 (--sr P 1-u.s5ie ro3 A FaiV VV Ov n± AlMerklAIb GHare5 Bert[ V1i ( I 04 Va1 1ard ,Ave - tur 2 AKA orku b Zthiorci ? rv&r- Po Sox, ' o7 - w1 W/Ce 40 William F. Lbwvis ,ar' &ot Pr -� Rd - WY �" r _ 2�0 - SFate Uc. Dew- `e 1u gleot rcG &? Po 8 219011I T PT '11 2/-Qo i R20 �j�j J L- Cs,IDSo✓i 7 M .� T Ca met SI�,t,i Po Sox 237 - MJY 1 tO P'-!' 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Lot Coverage: 45%maximum Lot Width: 100 ft. Lot Depth: 120 ft. Front Yard Depth: 30 ft. (SF-60 ft.) Rear Yard Depth: 25 ft. (SF-60 ft.) Side Yard Width: 20 ft. (SF-60 ft.) Height: 3 stories, 40 ft. maximum DU Floor Area: efficiency- 600 sq.ft. min one bedroom- 750 sq.ft. min two bedroom- 900 sq.ft. min three bedroom- 1,000 sq.ft. min (efficiency/one bedroom not to exceed 15% of total DU) Building Separation:20 ft. separation 50 ft. if back to back or face to face Parking: 2.5 per unit (none in front) Open Space: 25% of lot (250 sq.ft. per DU as usable recreational space)