Loading...
08-14-2001 (City Council) Minutes MINUTES Wylie City Council Tuesday, August 14, 2001 Wylie Municipal Complex— Council Chambers 2000 State Highway 78 North Council Present:Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman Merrill Young, Councilman J.C. Worley and Councilman Chris Trout. Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director, Claude Thompson, Planner; Richard Abernathy, City Attorney and Barbara Salinas, City Secretary. Councilman Hogue was asked to provide the Invocation and Councilman Trout was asked to lead the Pledge of Allegiance. .::;:.;;.:. ON:<' >>»> OM ` y>>s<»< >' ` iniEg"i : > NO .i The Mayor made the presentation of a Proclamation Celebrating the life of Marissa Amaya and Officially Declaring the Day of August 14, 2001 as Marissa Amaya Day in the City of Wylie. Present to accept the proclamation were Marissa, her parents and grandparents. Police Chief Jeff Butters and Lt. Mike Davis made a special presentation to Corporal Curtis Smith, Wylie Police Department,for his role in the efforts that resulted in saving the life of Marissa Amaya. A. Approval of the Minutes from the Regular Meeting of July 24,2001. Councilman Scott asked for an addition to the minutes. He referenced page 3, Item No. 5 of the July 24, 2001 minutes. Councilman Scott asked that we include within Councilman Trout's motion the reference to the applicant's 30-day waiver. With no further additions or corrections, Councilman Hogue made a motion to approve the Minutes from the Regular Meeting of July 24, 2001. Councilman Scott seconded the motion. A vote was taken and the motion was approved,7-0. TEE.ITEM ......... A motion was made to remove Item No. 1 from the table for Council consideration and action. 1. Consider and act upon a Preliminary Plat/Development Plan for the Country Ridge Estates Addition (Planned Development District 2001-24), generally located west of Country Club Road (FM 1378) and north of McMillen Road (CR 298),being a 99.7418 acre tract described in the deed to Fredrick Veninga, Trustee according to the deed recorded in Volume 883,Page 628 of the Deed Records of Collin County, and being situated in the William Patterson Survey, Abstract No. 716, City of Wylie,Collin County,Texas. Mr. Claude Thompson,Planner, provided Council with a brief background of the request. He stated that this item had been before Council at the July 24,2 001 meeting and was tabled by the City Council at the request of the applicant. Minutes of August 14,2001 Wylie City Council Page 1 The approved PD included a Concept Plan,which limits the development to a total of 312 lots, and the Conditions of the PD establish the minimal width and side yard setback for the lots. The PD Conditions also establish a minimum house size of 2,000 square feet. Mr. Thompson stated that staff has reviewed the Preliminary Plat/Development Plan for the Country Ridge Addition and concludes that it conforms to the Council-approved Concept Plan of the Planned Development District, and to be in technical compliance with all applicable State subdivision regulations as well as with the Subdivision Ordinance and all other pertinent regulations of the City of Wylie. Mr. Thompson stated that at the July 3, 2001, Planning and Zoning Commission meeting, the Commission voted 5-0 to recommended approval of this case subject to street name changes. Staff also recommends approval and the Department's of Public Works, Fire, and Development Services concur with this recommendation. Mr. Thomspon was then available for any questions or concerns of the Council. Councilman Worley made a motion to Preliminary Plat/Development Plan for the Country Ridge Estates Addition (Planned Development District 2001-24), generally located west of Country Club Road (FM 1378) and north of McMillen Road(CR 298),being a 99.7418 acre tract described in the deed to Fredrick Veninga, Trustee according to the deed recorded in Volume 883, Page 628 of the Deed Records of Collin County, and being situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin County, Texas. Councilman Hogue seconded the motion. A vote was taken and the motion was approved,7-0. 2. Consider and act upon an appointment to the Parks and Recreation Facilities Development Corporation. Councilwoman Allen made a motion to accept the resignation of Councilman Scott from the Parks and Recreation Facilities Development Corporation and appoint Mr. Jules Fanner, Parks and Recreation Board Member to the vacancy created, for a term expiring in July of 2003. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 7-0. 3. Consider and act upon a request by The Shaddock Companies to waive a portion of the Impact Fees for the Country Ridge Estates Addition. City Attorney, Mr. Richard Abernathy, asked that the Mayor authorize an Executive Session pursuant to Local Government Code 551.074, Consultation with City Attorney, on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. The Mayor then convened into Executive Session at 6:19 p.m., in accordance with Local Government Code 551.074, Consultation with the City Attorney. The Mayor and Council reconvened into open session at 6:35 p.m. for consideration and action on Agenda Item No. 3. Mr. Claude Thompson addressed this item,providing a brief background on the waiver requested. Mr. Thompson stated that staff was recommending denial of the waiver for the following reasons. The applicant has not demonstrated either 1)error in the procedure used by the City to revise or assess the impact fees, 2) or a hardship (other than self-imposed economic loss) in complying with the impact fee assessment, 3) or the achievement of any special public goal which would merit substitution or credit for the fee assessment. Councilman Scott made a motion to deny the request from the Shaddock Company to waive a portion of the Impact Fees for the Country Ridge Estates Addition. Councilwoman Allen seconded the motion. A vote was taken and the motion to deny was approved, 7-0. Minutes of August 14,2001 Wylie City Council Page 2 4. Hold a Public Hearing to consider and act upon approval of a change in zoning from Public (P) to Retail (R),for a 1.263 acre tract generally located at Williams and Birmingham Streets, situated in the S.B. Shelby Survey,Abstract No.820,being part of Lot 1 and all of Lots 2,3,4,5 and 6 of Block 5 of the Calloway Addition, City of Wylie, Collin County, Texas, and being certain tracts conveyed to the Wylie Independent School District recorded in Volume 337,Page 21; Volume 337,Page 19; Volume 335,Page 118; Volume 333,Page 160; Volume 337,Page 17 and the remainder of a tract recorded in Volume 333,Page 48 of the Deed Records of Collin County, Texas. (Zoning Case No. 2001-08) Mr. Claude Thompson, Planner, provided Council with a brief background on the zone change request. Mr. Thomson stated that the applicant is requesting rezoning of the subject property in order to expand the banking facility(American National Bank of Texas) currently located on the adjacent property. He stated that the property is currently zoned Public (P)District and is occupied by the Transportation Center(bus storage and maintenance) of the Wylie Independent School District. The property is platted as part of Lot 1 and all of Lots 2, 3, 4, 5 and 6 of Block 5 of the Calloway Addition,and totals 1.263 acres in size. Mr. Thompson provided a description of the surrounding properties. He stated that the properties to the north are zoned for Retail (R) uses and are developed on separate freestanding lots with the bank, a multi-tenant professional office center and a drive-in restaurant. The property to the east, across Birmingham Street, is zoned for Single-Family Residential (SF-3) uses and occupied by a church. The property to the south, across Williams Street, is zoned Public(P)and developed for school uses (the expanding Hartman Elementary). The properties to the west, across Williams Street, are zoned and developed for Retail (R) and Business-2 (B-2) uses of an automotive nature. Mr. Thompson stated that of the 23 public comment forms, one form was returned, favoring the proposed rezoning. Mr. Thompson stated that the Comprehensive Plan recommends Mixed Uses for the subject property. The Plan defines the Mixed-Use category as commercial,retail and office, institutional or village centers residential uses or some combination of these,but allowing no industrial uses. The financial business anticipated by this rezoning is consistent with this recommendation of the Plan. Although the current Zoning Ordinance contains no provision for the Public (P) District, this District is used on the Official Zoning Map to indicate school functions and other public uses such as parks, the library, waste water treatment plant and land fill which are normally allowed by right in all zoning districts. However, case law has concluded that such single-function, limited user zones are inappropriate, and the Public District will be eliminated when revisions to the Zoning Ordinance and Map are adopted. The several lots of the subject property and bank property must be replatted to create a single lot of record prior to the issuance of any building permits for either a free-standing development confined to the subject property or expansion of the bank on to these properties. Mr. Thompson stated that at the August 7, 2001 Planning and Zoning Commission meeting, the Commission voted 7-0 to approve the zone change request. Staff is recommending approval and the proposed zoning and land use is consistent with the Comprehensive Plan and compatible with the surrounding existing development and zoning;The Department's of Development Services,Public Works,and Fire concur with this recommendation. The Mayor then opened the public hearing asking that anyone wishing to speak either in favor or opposition of the request, please come forward, state their name and address for the record and limit their comments to three minutes. The Mayor stated that Mr. Marvin Fuller was present to address this item,however,his schedule did not allow him to remain for this item. Mr. Fuller's comments were read into the record. Mr. Fuller asked that the Council consider and approve the zone change request. With no further comment,the Mayor then closed the public hearing. Minutes of August 14,2001 Wylie City Council Page 3 Councilman Hogue made a motion to approve the change in zoning from Public(P)to Retail(R),for a 1.263 acre tract generally located at Williams and Birmingham Streets, situated in the S.B. Shelby Survey, Abstract No. 820, being part of Lot 1 and all of Lots 2, 3, 4, 5 and 6 of Block 5 of the Calloway Addition, City of Wylie, Collin County, Texas, and being certain tracts conveyed to the Wylie Independent School District recorded in Volume 337, Page 21; Volume 337, Page 19; Volume 335, Page 118; Volume 333, Page 160; Volume 337, Page 17 and the remainder of a tract recorded in Volume 333, Page 48 of the Deed Records of Collin County, Texas. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 7-0. 5. Hold the second of two Public Hearings for the Annexation of: Tract 1, a 49.277 acre tract of land situated in the Allen Atterberry Survey,Abstract No. 23 and the Aaron West Survey,Abstract No. 979, Collin County Texas; and Tract 2, a 1.041 acre tract of land situated in the Aaron West Survey, Abstract 979, Collin County, Texas; and generally located east of FM 544 and north of Wheelis Road. Ms. Mindy Manson, Assistant City Manager, provided Council with a brief background on the request for annexation. She stated that the applicant was present for any questions or concerns of the Council. The Mayor then opened the Public Hearing and asked that anyone wishing to speak in favor or opposition of the annexation, please come forward, state their name and address for the record and limit their comments to three minutes. Mr. Phil Kleg,4287 Beltline Road, Ste 309, Dallas,Texas,75001,applicant was present and came forward for any questions or concerns of the Council. With no further comment,the Mayor the closed the public hearing. No one came forward for citizens participation. iREADWIGEOFOORINNOVESETITUREAMOVErIONEAPPROVEDUDYPEOUNCIEMAS The City Secretary then read the caption for Ordinance No. 2001-35 into the record. ORDINANCE NO. 2001-35. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2001-08, TO R, RETAIL DISTRICT CLASSIFICATION;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE. With no further business to come before Council,the meeting was then adjourned at 6:44 p.m. J hn ondy,Mayor ATTEST: arbara A S in s,C' ,ceretary Minutes of August 14,2001 Wylie City Council e Page 4 .67