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03-06-1986 (Planning & Zoning) Minutes MINUTE. PLANNING &. ZONING ODMMISSION THURSDAY , MARCH 1986 'rhe Planning and Zoning Commission for the City of Wylie , Texas met, in regular session on March 6 , 1986 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 , Vice-Chairman Brian Chaney, Don Montgomery , Bill Chapman, and Ken Mauk, and Ben Scholz . Representing the city staff was Gus Pappas ; City Manager, Roy Faires ; Code Enforcement Officer, and Amanda Maples ; Secretary . The meeting was called to order at 7 : 00P.M. by Chairman Kent Crane . ITEM__NO..__ I._ - ..A,PPROYAL_....OF......MINUTES -Chairman Kent Crane asked for any additions or corrections from the minutes . Bill Chapman made motion to accept the minutes as submitted . Vice-Chairman Brian Chaney seconded the motion . Motion carried 6-0 . ITEM NO, 2.__-__PUBLIC ARING.__.ON, .Z.ONINO.._._Q,F_32.Q.._,,AGNFS ON. SH78 - This item has been tabled to be discussed at a later date, at the request of the petitioner. ITEM_ NO.._.__.3 -..._.PUBLIC.....MARIN.G_....ON..._ZONING...._.QF.._.L4.$..._....S...._0N....SH7.8 - This property is described as 148 . 5696 acres out of the Francisco de la Pina Survey, Abstract 688 and is located on E . SH78 adjacent to Wylie Ranch Estates and across SH78 from the property described as 320 . 907 acres out of the Francisco de la Bina Survey, Abstract 688 and is located on E . SH78 and surrounds the site of the proposed Municipal Complex . Chairman Kent Crane opened the public hearing , Doug Lewis the owner of the 148 acre tract came forward showing a drawing for the proposed zoning of this tract . He had proposed B1 , SF3 , 2F, and MF, With the SF3 lying along side the Wylie Ranch East sub-division . Speaking in opposition to this proposal was Mr. Jim Feivor a resident of Wylie Ranch East and President of the Wylie Ranch East. Home Owners Association . He came forth with a petition , signed by the residents of Wylie Ranch East and several other surrounding neighborhoods, banning this type of sub-division from the area. The home owners feel that this high density type of sub-division will hurt their property values . They were concerned that bringing this many people into this area would cause a greater amount of 1 traffic congestion on Hwy 78 which is already crowded at peak hours . Also, a major concern was whether or not the school system was equipped to handle the increase in students . In short they felt that the type of lifestyle, which they had grown acustom to and had worked hard to protect , was about to be jepordized and that it was the responsibility of the Planning &. Zoning Commission to protect their style of life . There being no other questions or opposition the public hearing was closed and brought before the board for discussion . Bill Chapman asked if the City of Wylie had facilities to treat the sewer for such a high density sub- division as this . City Manager Gus Pappas responded , yes , the present sewer treatment plant was only operating at a capacity of 75% and we have access to all the water we could ever use . Bill Chapman felt that we, the Planning and Zoning Commission , owe the home owners some consideration and should change the proposed zoning from SF3 to one of less density . City Manager, Gus Pappas said that. the Staff had reviewed this property and in trying to blend this tract in with the overall land use plan of the city , the staff feels that this zoning is appropriate . The Staff wants a sub-division that has all the improvements in place and does not care if the lots are small or if they are ranchettes . Vice-Chairman Brian Chaney was concerned that the MF, 2F zoning and the cul-de-sac looked out of place . City Manager Gus Pappas responded that Mr. Lewis does not own the Hwy 78 frontage to the cul-de-sac and that it could not be zoned Bl for economical reasons . The Staff feels that, the tract on the other side of the MF and 2F will eventually be developed as high density because of the topographical configuration of the land. Chairman Kent Crane said that the decision made tonight will set a president for future development in this area . We have an obligation to buffer the ranchettes however, one important thing to look at is that when the ranchettes are annexed into the City they will be zoned as SF2 and we must look strictly at the zoning. Bill Chapman said maybe we should put an SF2 buffer by the ranchettes _ Don Montgomery wanted to upgrade the whole tract to SF2 . City Manager Gus Pappas said that you would not notice a difference between the neighborhoods of SF3 and SF2 ; however, the lots would be some 1300 sq . feet larger. Ben Scholz felt that, SF3 next to the ranchettes is too drastic of a change and should be changed to at. least SF2 and change the configuration of the layout . Chairman Kent Crane asked the board if there was a problem with the Bl zoning. There was none. He stated that making the decision was a difficult one but that the existing residents should be considered . He then asked for a five minute recess . After a five minute recess Mr . Lewis was asked it he would like to address the board . Mr , Lewis commented that. the sub-division ordinances for his sub-division are different from when Benedict Estates was built and that he would be adding some quarter of a million dollars in new roads to this area which would benefit everyone including the ranchettes . Mr . Feivor then responded that, recovering the cost. of sewer and water was not a legitimate issue and that the "rough" land on the other side of this proposed sub- division was beautiful and that high density housing would ruin the area . Bill Chapman made a motion to change the SF3 , MF , and 2F zoning to SF2 and keep the B1 zoning as it. is . Vice-Chairman Brian Chaney seconded the motion . Motion carried 6-0 . ITEM NO 4 - PUBLIC. _HEARING ON ZONING...._OF 31 ACRES ON PLEASANT VALLEY ROAD - This property is described as 15 acres out of the Guadualupe de los Santos Survey , Collin County Abstract 1100 and Dallas County Abstract 1384 and 16 acres out of the Wm . Sutton Survey , Abstract 1275 and is for agricultural zoning which is consistent with existing use The staff has no problem with this request . This property , along with the properties reflected in items 6 , 7 and 8 form a block which lies between Old Sachse Road and Pleasant Valley Road . Chairman Kent Crane opened the public hearing and there being no questions or opposition the public hearing was closed and brought before the board for discussion. Bill. Chapman made a motion to accept the zoning as proposed . Ken Mauk seconded the motion. Motion carried 6-0 . ITEM NO, _ 5 - PUBLIC HEARING ON ZONING OF 7 ACRE...._WEST OF SH78 - This property is described as 7 . 228 acres out of the Duke Strickland Survey, Abstract 841 and is located west, of SH78 and adjacent to the Harvard tract . The petitioner . Jim McKnight , is requesting industrial zoning which is consistent with zoning in that immediate area . The staff has reviewed this request and recommends approval . Chairman Kent Crane opened the public hearing. Speaking on behalf of the zoning was Mr. Jim McKnight . He presented a drawing of the 7 acre tract showing that. 4 acres of the seven are an easement for soil conservation from NTMWD, it is a flood plain for overflow from the dam. This leaves only 3 acres of useable land . He would like to propose that it be zoned industrial . The staff had no objection to this use . There being no opposition the public hearing was closed and brought before the board for discussion. Chairman Kent Crane was concerned that industrial zoning so close to the lake would not do justice to future communities in this area . City Manager Gus Pappas said that this would only square off another some 50 acres that was already zoned industrial . Bill Chapman made a motion to accept the zoning as proposed . Vice-Chairman Brian Chaney seconded the motion . Motion carried 6-0 . ITEM NO, . 6 -. PUBLIC ..HEARING ON ZONING. FOR . ACRES_ ON OLD SACUSE .ROA.D - This property is described as 80 . 107 acres out of the Guadalupe de los Santos Survey, Collin County Abstract 1100 and Dallas County Abstract 1384 and is located on Old Sachse Road . This is the Fred Bruner property . Mr . Bruner is asking for 2F, B2 and agricultural zoning. Mr . Bruner wants to retain 50 acres as agricultural with the remaining 20 acres being designated for B2 and duplex . Twelve acres of duplex and 18 acres of B2 . Chairman Kent Crane opened the public hearing. There being no questions or opposition the public hearing was closed and brought before the hoard for discussion . City Manager Gus Pappas said that the staff had reviewed this proposal and recommends approval . Vice-Chairman Brian Chaney made a motion to accept the B2 zoning and change the 'Zh, zoning to B1 . Bill Chapman seconded the motion . Motion carried 6-0 . ITEM NO. . 7 - PUBLIC._ HEARING ON ZONING.._.._Ok 135 ACRES ON PLEASANT VALLEY ROAD - This property is described as 135 . 89 acres out of the Guadalupe de los Santos Survey , Collin County Abstract 1100 and Dallas County Abstract 1384 . The petitioner , Roddy Groves , is asking for agricultural zoning which is consistent with existing use. Mr. Groves has no immediate plans for development of the property . Chairman Kent Crane opened the public hearing. There being no questions or opposition the public hearing was closed and brought, before the board for discussion. City Manager Gus Pappas said that the staff has reviewed this request and recommends approval . Bill Chapman made a motion to accept the zoning as requested . Ken Mauk seconded the motion . Motion carried 6-0 . ITEM. NO, 8 PUBLIC.._...HEARING _ ON____ZONING.. QE-.._8.4 ACRES,.__.BETWEEN OLD SACHSE _ ROAD AND PLEASANT VALLEY ROAD - This property is described as 84 . 98 acres out of the Guadalupe de los Santos Survey . Abstract Dallas County Abstract 1384 . The petitioner. Mr . H . A . Walker , has requested agricultural zoning on this property . Mr . Walker has no plans for developing at this time . City Manager, Gus Pappas , said that the city staff had reviewed this request and recommends approval . Chairman Kent Crane opened the public hearing . There being no questions or opposition the public hearing was closed and brought before the board for discussion . Pon Montgomery made a motion to accept the zoning as requested . Vice-Chairman Brian Chaney seconded the motion . Motion carried 6-0 . ITEM NO. 9 PUBLIC HEARING ON ANNEXATION_OF . 190__.ACRES ON McCREARY - This property is described as 190 . 013 acres out of the C . A . McMillan Survey , Abstract 588 ; the M. Sparks Survey , Abstract. 849 ; and James Maxwell Survey , Abstract 582 . It, is located west of the extension of McCreary Road . It is in the area that is claimed by Murphy to he in their ETJ and is on the Murphy side of the line that is being discussed between the two cities as a boundary. The petitioner, Dr . Santos , is part of a group of people who are very anxious to be a part of Wylie rather than Murphy for reasons of services and zoning. City Manager Gus Pappas said that the staff recommends that we send this to the City Council for a recommendation due to the fact that this land lies across the line that Murphy and Wylie have agreed on for a boundary between the two cities . Chairman Kent Crane opened the public hearing. There being no questions or opposition the public hearing was closed and brought before the board for discussion . Don Montgomery made a motion to accept the annexation request. . Bill Chapman seconded the motion . Motion carried 6-0 . ITEM NO, 10 PUBLIC TEARING ON._.ANNEXATION.... OF 20.__ ACRES ON HOOP.ER ANU. ...HENSLEY._....ROAAS - This property is described as 9 . 055 acres and 10 . 0657 acres out of the I . Clifton Survey , Abstract 193 and the H. J . Hardin Survey, Abstract 438 and the R. D. Newman Survey , Abstract 660 and is located on the corner of Hooper Road and Hensley Road. The owner of this tract , Mr . Wayne Rich, applied for annexation several months ago ; however , at that time his property was not contiguous to our city limits . Since that time , we have had annexation petitions which have provided that contiguity , namely the Dingban Wang property . There is now a hitch in that process . Sachse has placed a TRO on the Wang property and we are restrained from completing the annexation of that property and must therefore delay annexation of this tract. nnt.il that matter is settled or until Mr. Rich ' s property is provided contiguity from another source. We can however , hold all the public hearings required by law in preparation for the final act of signing the ordinance of annexation . This is the first, step. City Manager Gus Pappas said that, the staff recommends approval . Chairman Kent, Crane opened the public hearing. There being no questions or opposition the public hearing was closed and brought before the board for discussion . Ken Mauk made a motion to accept the annexation request . Don Montgomery seconded the motion . Motion carried 6-0 . ITEM.. NO, 11___.- _PUBLIC _HEARING ON ._ANNEXATION__ OF 9__..ACRES_ ON tELSIEY .ROAD - This property is described as 9 . 4 acres out of the I . Clifton Survey, Abstract 193, the H . J . Hardin Survey , Abstract 438 and the R. D. Newman Survey, Abstract 660 . The remarks made relative to Item No. 10 are applicable to this item also. City Manager, Gus Pappas said that the staff recommends approval . Chairman Kent Crane Opened the pubs tc hearing There being nc, questions or opposition the public hearing way, closed and brought before the board for discussion . Vice-Chairman Brian Chaney made a motion to accept the annexation as requested . h,i 1.1 Chapman seconded the motion . Motion carried 6-0 . ITEM NO. 12 _ - PUBLIC. .HE,ARING ON _ANNEXATION OF 125......ACRES..ON McMILLIA.N ROAD - This property is commonly known to us as the Southfork Mobile Home Park . The owner. Mr. Harold Holigan , applied for annexation many months ago . At that time, we were unable to process the petition due to a dispute with Murphy and the fact that the property was not contiguous to the city limits of Wylie . Since that time, Mr . Holigan has developed his park in strict accordance with City of Wylie regulations for mobile home parks and has been provided contiguity with the annexation of the Robt . Thurmond property along McMillan Road. In addition, the dispute with Murphy no longer centers around this tract . We feel now is the time to process this request for annexation . City Manager, Gus Pappas , said that there were a few things about this piece of property that he wanted to clear up. First of all he had heard rumors around the city saying that. this Mobile Home Park was something that the city staff allowed to happen . This is not true . At the time of development this property was out of the jurisdiction of any city and was owned by an individual who was bound and determined to build a Mobile Home Park. He did not have sewer to the property so he requested a permit to build a private sewage treatment plant on the property . This meant that he would be dumping into Muddy Creek. The tendency with privately owned and operated sewage treatment, plants is that after a while they get lax about taking care of them and before long they are dumping less than quality sewage from the plant into the stream. The City of Wylie violently opposed the thought of having an 8 mile sewer running through Wylie . So we talked with Mr. Holigan and came to the agreement that we would contract city services to his Mobil Home Park if he would be responsible for tieing into them and if he would build his park in with the strict guidelines that the City of Wylie has set for its Mobile Home Parks . In this way the City of Wylie is responsible only for dressing up the park and reducing the magnatude of i t . The staff recommends that we accept their request for annexation . Chairman Kent Crane opened the public hearing. Mr . Jim Griffin came before the board and stated that he had visited the Mobile Home Park and was very impressed with it. . He felt it was a cut above most Mobile Home Parks and that it was in no way an eyesore . He recommeded that the hoard accept the request for annexation . There being no other questions or opposition the public hearing was closed and brought before the board for discussion. Vice-Chairman Brian Chaney said that he felt it, was in the hest interest of Wylie to extend the Mobile Home Park services ; however, /`7 he felt that they had forced their way in on Wylie and that it was not right to give a stamp of approval to them. Bill Chapman made a motion to accept the request for annexation . Ken Mauk seconded the motion . Motion carried 5-1 against . ITEM ..NO..__.18 _ - _PUBLIC HEARING ON___ANNEXATION......OF. 15_.....AGRES ON McCRKABX ROD? - This property is described as 45 . 763 acres out of the Mose Sparks Survey , Abstract 849 and is located on the extension of McCreary Road just south of and adjacent to the Southfork Mobile Home Park. The staff has reviewed this petition , and finds that the tract meets all the criteria for becoming a part of the City and recommends approval . Chairman Kent Crane opened the public hearing. There being no questions or opposition the public hearing was closed and brought before the board for discussion . Ken Mauk made a motion to accept the request for annexation . Ben Scholz seconded the motion . Motion carried 6-0 . ITEM.. NO._ 14 - PUBLIC.....B.EARING_....ON._. AN.NEXAT.LQN.....OF 1..17_._ACR,ES_ _ON S. FMb44 - This property is described as 117 . 149 acres out of the Nathanial Atterbury Survey, Abstract 6 and is located on S . FM544 east of Vinson Road and across from what we refer to as the Finholt property . It is located in three counties , Dallas, Rockwall , and Collin. The staff has reviewed this petition and finds that it meets the criteria for becoming a part of the City and recommends approval . Chairman Kent Crane opened the public hearing. There being no questions or opposition the public hearing was closed and brought before the board for discussion . Ben Scholz made a motion to accept the annexation request. Bill Chapman seconded the motion . Motion carried 6-0 . ITEM NO... 15 - AMENDMENT__.T.O..._..ZONING_ ORDINANCE - This document is a result of extensive research by Mr. Roy Faires and is in actuality a clarification in some areas of zoning and a reorganization of uses , in order to provide an orderly flow of business in the City. Mr . Faires addressed the board clarifying the changes to the ordinance. Vice-Chairman Brian Chaney made a motion to accept, the amendment and send it before the City Council for approval . Bill Chapman seconded the motion . Motion carried 6-0 . / _ PP I.EM.....N9 15._ .-.._MOTION„....TO—ADJOURN - Bill Chapman made a motion to adjourn . Ken Mauk seconded the motion. Motion carried 6-0 . Kent Crane, Chairman Planning & Zoning Commission Respectfully Submitted: Amanda Maples , Secretary