05-06-2008 (Planning & Zoning) Minutes Wylie Planning and Zoning
Commission
CITY OF WYLIE
•
Minutes
Wylie Planning & Zoning Commission
Tuesday, May 6, 2008—6:30 pm
Wylie Municipal Complex—Council Chambers
2000 Highway 78 North
CALL TO ORDER
Chairman Dennis Larson called the meeting to order at 6:33PM. Those present
besides Chairman Larson were, Vice-Chair Scott Ames, Commissioner Willie
Osborne, and Commissioner Phillip Johnston. Commissioner Tim Bennett
arrived at 6:35PM and Commissioner Ramona Kopchenko arrived at 6:40PM.
Commissioner Ruthie Wright was absent.
Staff present was Rena& 011ie, Planning Director, Jasen Haskins, Assistant
Planner, and Mary Bradley, Administrative Assistant.
INVOCATION & PLEDGE OF ALLEGIANCE
Vice Chairman Ames gave the invocation and Commissioner Johnston led the
pledge of allegiance.
CITIZENS COMMENTS
Chairman Larson opened the Citizens Participation. No one approached the
Commissioners; Chairman Larson closed the Citizens Participation.
CONSENT ITEMS
1. Consider and act upon approval of the Minutes from the April 15,
2008, Regular Meeting.
A motion was made by Commissioner Johnston, and seconded by Vice-Chair
Ames, to approve the minutes from April 15, 2008 Regular Meeting, as
submitted. Motion carried 4 — 0. Commissioner Bennett and Commissioner
Kopchenko arrived after the vote was taken.
Minutes May 6,2008
Wylie Planning and Zoning Board
Page 1 of 5
REGULAR AGENDA
Action Agenda
1. Consider a recommendation to the City Council regarding a Final
Plat for Bozman Farm Estates, Phase 2 creating 103 single family
residential lots and 3 common areas/open spaces, generally
located east of Troy Road and south of Stone Road.
Ms. 011ie stated that the property totals 27.546 acres and creates one hundred
and three (103) single family residential lots and three common areas/open
spaces to be owned and maintained by the Homeowners Association. The
subject property is part of a Planned Development Ordinance 2002-52 District,
which consists of mixed uses including residential, multi-family, commercial,
possible school site and open spaces.
The Concept Plan approved by City Council on December 11, 2001 serves as an
approved Preliminary Plat.
The plat will establish the boundaries for 103 residential lots and dedicates
several utility easements throughout the property. The designated access points
will be Troy Road from the west and Saddle Ridge Drive from the southeast.
The open spaces will be developed with trails, park benches and lighting, and will
be completed with the development of Phase 2.
Commissioner Bennett questioned the separate instrument for the utility
easements. Ms. 011ie stated that the separate instrument will be filed with the
County along with the filing of the Final Plat. This will take place upon
acceptance of the development after the final plat has been approved for
construction by City Council. Construction will begin upon engineering plans
being released for construction by the City Engineer. Commissioner Bennett
responded that the Plat is getting the cart before the horse.
Melodie Geisler, Jones & Boyd, 17090 North Dallas Parkway, Dallas,
represented the engineer for the property, stated that the infrastructure for the
development is available through the surrounding existing development. The
easements will be obtained prior to final acceptance from the City of Wylie, and
will be filed along with the Final Plat. Commissioner Bennett questioned Ms.
Geisler why the development is submitted if the utility easements are not
obtained. Ms. Geisler stated that the easements were laid out at the time of
initial zoning of the property, and the developer would be risking a lot of money if
the easements were not obtainable, or knew that a chance for the easements
were not going to be obtained. The subdivision will not be developed without the
instruments for the utility easements obtained and filed with the County of
Record. Ms. 011ie stated that prior to the instrument for the utility easements filed
with the County, the City Engineer will write a letter of acceptance, and neither
the utility easement instrument nor the Final Plat can be filed with the County
until the letter of acceptance is written. Commissioner Bennett again expressed
Minutes May 6,2008
Wylie Planning and Zoning Board
Page 2 of 5
opposition of utility easement not obtained before the development is
constructed. Ms. Geisler stated that when the subdivision is developed the utility
connection will be made and four easements and right-of-way acquisition will be
obtained prior to acceptance of Final Plat.
Ms. 011ie stated the Planning and Zoning Commissioners role is to consider the
layout of the subdivision, the construction of the subdivision is approved by City
Engineer and Building Inspections. The Final Plat as submitted is considered for
approval, it is not being approved for construction or accepted for filing.
Commissioner Osborne questioned the plans for expansion of Troy Road that is
within the County. Ms. Geisler stated that she is not aware of expansion past the
development.
A motion was made by Vice-Chair Ames, and seconded by Commissioner
Johnston, to recommend approval to City Council for the Final Plat for Bozman
Farm Estates, Phase 2, generally located east of Troy Road and south of Stone
Road. Motion failed 3 — 3, with Commissioners Bennett, Osborne and
Kopchenko voting in opposition.
Chairman Larson opened up discussion for reasoning. Commissioner
Kopchenko and Commissioner Osborne expressed the concern of roads not in
place prior to development. Commissioner Kopchenko stated that the roads up
to the property line were gravel and narrow. She stated that the roads need to
be in place prior to development. Commissioner Osborne stated the access from
Stone Road onto Troy Road is a county road and not well maintained. Chairman
Larson stated that the county does not plan for a road to be constructed or
expanded unless development is in place to justify the construction and
expansion. Ms. 011ie asked the Commissioners that opposed the development to
clarify if they were saying that their desire was for all county and city roads are
built before development is constructed. Commissioner Osborne and
Commissioner Kopchenko expressed desire to see a plan and time frame of
when the roads will be constructed and completed. Chairman Larson stated that
the requirement for the need to construct a road will not be in place until after the
subdivision is developed. Mr. Haskins stated that the Fire Department and City
Engineer reviewed the Final Plat and did not express concerns of the access to
the development. The utility easement is not for the Planning and Zoning
Commissioners to review or consider, the easements will be reviewed and
considered by the City Engineer.
Commissioner Kopchenko asked if a re-vote could be done. Ms. 011ie stated that
one of the opposing commissioners would have to recommend.
A motion was made by Commissioner Kopchenko, and seconded by
Commissioner Osborne, to recommend approval to City Council for the Final Plat
for Bozman Farm Estates, Phase 2, generally located east of Troy Road and
south of Stone Road. Motion carried 5 — 1, with Commissioner Bennett voting in
opposition.
Minutes May 6,2008
Wylie Planning and Zoning Board
Page 3 of 5
Public Hearing
1. Hold a Public Hearing and consider a recommendation to the City
Council to amend Ordinance No. 2001-48 to provide for regulations
of posting signs on property for zoning changes. ZC 2008-05
Ms. 011ie stated that prior to the 2001 Zoning Ordinance amendment, Section 35
was amended by Ordinance 98-23, which required the applicant to post signs on
the subject property indicating a proposed zoning change. With the adoption of
Zoning Ordinance 2001-48 this provision was repealed.
The attached Ordinance is language from the direction received from the
Commission that will provide regulations for posting proposed zoning change
signs on the property in question.
The City of Wylie will provide signs to applicants seeking a zoning change, and
the signs must be in place within fifteen days prior to the hearing of the zoning
request. The placement of the signs will require the first at three hundred (300)
feet of each street frontage and one sign for each additional one thousand
(1,000) feet of street frontage.
In addition, a fee of one hundred and no/dollars ($100.00) will be assessed to
applicants that do not return the sign to the Planning Department within ten days
after City Council has taken action on the zoning change or the request is
�~~ withdrawn by the applicant.
When the Ordinance is adopted it shall be unlawful for anyone to remove,
destroy, deface or obstruct the view of a sign which gives notice that a rezoning
has been requested, becomes the law enforceable by Zoning Ordinance 2001-
48, Article 1, Section 1.5.
Chairman Larson opened the Public Hearing. With no one approaching the
Commission, Chairman Larson closed the Public Hearing.
A motion was made by Commissioner Johnston, and seconded by Vice-Chair
Ames, to recommend approval to City Council for Zoning Case 2008-05, to
amend Ordinance No. 2001-48 to provide for regulations of posting signs on
property for zoning changes. Motion carried 6 — 0.
Minutes May 6,2008
Wylie Planning and Zoning Board
Page 4 of 5
ADJOURNMENT
A motion was made by Commissioner Bennett, and seconded by Commissioner
Kopchenko to adjourn the meeting at 7:00 p.m. All Commissioners were in
consensus.
,i4---)A/(_r-2----
Dennis Larson,Chairman
ATTEST:
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Ma Bra y,Administrati1e Assistant
Minutes May 6, 2008
Wylie Planning and Zoning Board
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