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12-21-2004 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie,Texas 75098 December 21,2004 Notice was posted in the time and manner required by law and quorum was present. Commission Members Present: Staff Members Present: Red Byboth Claude Thompson,Director Don Hughes Renae 011ie, Assistant Planner Dave Hennesey Dennis Larson Chris Seely Kathy Spillyards Staff Members Absent: Mary V. Bradley, Secretary CALL TO ORDER Chairman Seely called the meeting to order at 7:04PM. INVOCATION & PLEDGE OF ALLEGIANCE Chairman Seely gave the invocation and Commissioner Byboth led the pledge of allegiance. CITIZEN PARTICIPATION No one appeared to speak before the Commission. CONSENT AGENDA 1. Consider and act upon approval of the Minutes from the December 7, 2004 Regular Meeting. A motion was made by Commissioner Hughes, and seconded by Commissioner Hennesey,to approve the minutes as submitted. Motion carried 6—0. A P &Z Commission Meeting December 21, 2004 Page 2 of 3 ACTION AGENDA 1. Consider a recommendation to the City Council regarding a Preliminary Plat for the Ambers Cove Addition. Subject property being all of a certain 12.290 acre tract of land described in a deed to George F. Ketch, as recorded in County Clerk's File Number 97-0017475, Deed Records of Collin County, Texas, and being situated in the L. B. Outlaw Survey, Abstract No. 676, Collin County, Texas, and the Nathaniel Alterberry Survey, Abstract No. 1099, Collin County, Texas. Thompson stated that the Preliminary Plat will create six (6) single-family residential lots exceeding 2 acres each, and dedicates half of the right-of-way for the existing Troy Road. The property is not within the city limits, but within unincorporated Collin County, and will conform to County codes. The property cannot yet be annexed because it is not contiguous to any property now within the City. Bill Boyd, 2517 McDearmon, Sachse, Texas, represented as the applicant, stated that deed restrictions require that exterior walls be at least 75% masonry and single-story residences must be at least 2,200 square feet of living area. A septic system will be used in the subdivision, however, the deed restrictions require that homes tap into the City sewer system within 90 days when available. The Commissioners and Mr. Boyd discussed the access to lots behind lot 6 of the subject property. Mr. Boyd agreed to submit documentation of communication with the owner of the lots, Mr. Martinez, regarding mutual access easement on the referenced lots as part of the Final Plat. A motion was made by Commissioner Hughes, and seconded by Commissioner Larson, to recommend approval to the City Council with stipulation that documentation be provided in reference to mutual access easements on lots behind Lot 6. Motion carried 6 — 0. PUBLIC HEARINGS 1. Hold a Public Hearing and consider a recommendation to the City Council regarding an amendment to the Zoning Ordinance defining and regulating body piercing and tattooing establishments. Thompson stated that the Council has requested clarification and regulation of body piercing and tattooing, therefore requiring an amendment to the Zoning Ordinance. The proposal denies such operations as State Law defines them, and allows them to be located only within the Industrial District. P &Z Commission Meeting December 21,2004 Page 3 of 3 The Commissioners discussed with Thompson the medical clinics which are exempt by State Law, and the feasibility of exempting medical clinics from City Ordinance as well. It was general decided not to address exceptions for medication practices until specific requests are made in the future. Commissioner Hennesey expressed concern of congregating such establishments within the Industrial District, which could then allow other such similar uses and creating an entire area on the outskirts of town full of these uses instead of more appropriate Industrial commercial uses. He would rather such questionable uses be located along State Highway 78 where they are highly visible and can be better policed. Chairman Seely opened the Public Hearing and with no one wishing to speak, Chairman Seely closed the Public Hearing. A motion was made by Commissioner Byboth, and seconded by Commissioner Larson,to recommend approval of the submitted amendment of the Zoning Ordinance to City Council regarding the tattoo and body piercing establishments located in Industrial District only. Motion carried 5 — 1, with Commissioner Hennesey voting in opposition. ADJOURNMENT A motion was made by Commissioner Hughes, and seconded by Commissioner Byboth, to adjourn the meeting at 7:54PM. 5Lak C is Se y, Chairman Renae 011ie, Assistant Planner