12-04-1986 (Planning & Zoning) Agenda Packet AGENDA SUMMARY
PLANNING & ZONING COMMISSION
THURSDAY, DECEMBER 4, 1986
ITEM NO. 1 - APPROVAL OF MINUTES - No additions or
corrections.
ITEM NOS. 2&3 - APPROVE PRELIMINARY AND FINAL PLATS FOR
MOUSSA-SWITZER ADDITION - The City Engineer has forwarded
for your review both the preliminary and final plats for
this development. Mr . Santry states it is a simple
subdivision and has been reviewed and checked by his staff
and they recommend approval . The location is on SH78
between the Texaco Station and the First State Motor Bank.
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AGENDA
REGULAR MEETING
PLANNING & ZONING COMMISSION
CITY OF WYLIE, TEXAS
THURSDAY, DECEMBER 4 , 1986
7:00 P.M. COMMUNITY ROOM
800 THOMAS STREET
CALL TO ORDER
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1-8 Consider approval of minutes.
2 9 Consider approval of preliminary
plat for Moussa-Switzer Addition.
3 10 Consider final plat/construction
plans for Moussa-Switzer Addition.
4 ADJOURN
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MINUTES
PLANNING & ZONING COMMISSION
REGULAR MEETING
THURSDAY, NOVEMBER 20, 1986
The Planning and Zoning Commission for the City of Wylie,
Texas met in a Regular Meeting on November 20, 1986 in the
Community Room at 800 Thomas Street. A quorum was not
present, 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 and Bill
Chapman. Those absent were Ken Mauk, Fred Ouellette and Ben
Scholz. Representing the city staff was Gus H. Pappas, City
Mahager; Roy Fairer, Code Enf orcement Officer; and Amanda
Maples, Secretary.
tjThizOttipg::was unable to be called.Aoio-VrdeP ue :to lack 044..
a quorum.
Kent Crane, Chairman
Planning & Zoning Commission
Respectfully Submitted:
ara/gaer=__
Amanda Maples, Secretary
liliiik
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•
i. ,.. :• ;;r„ ' . . MINUTES
• PLANNING &• ZONING COMMISSION
REGULAR MEETING •
- • THURSDAY, NOVEMBER 6, 1986
. The' 'Planning and Zoning Commission for the City of Wylie,
- Texas met in a Regular Meeting on November 6, 1986 in the
. . Community Room at. 800 Thomas Street. A quorum was present
•; anal.,.foti ce of the meeting had been posted for the time and
. in the :Manner required by law. Those present were: Chairman
• Kent Crane, Ben Scholz , Fred Ouellette, and Bill Chapman.
2 .:Vi4o=Chairman Brian Chaney and Ken Mauk were absent.
Representing the city staff was Gus H. Pappas, City Manager;
RorMitres, Code Enforcement Officer; and Amanda Maples,
` •oeur ary.
,. ,.; �. .•, .;.,.g w4s► ;cal l e �-�.kod. , order sat :_ ;OO..A :Wi.3, fai rman,:,,,: ,: -z:4-
' ''en rane.
ITEM NO. 1 - APPROVAL OF MINUTES OF OCTOBER 7. 1986 - Bi11
Chapman made the motion to accept the minutes as presented.
BenScholz seconded the motion. - Motion 'carried 4-0.
ITEM NO. 2 - PUBLIC HEARING ON ANNEXATION OF 256.993 ACRES
. ON WEST SIDE OF CITY - This annexation is made up of several
• ' different tracts along W. FM544 and north of that area. it
includes property adjacent to what has been known to us as
the Ben Young property and several small individual tracts
that front on W. FM544, across from the Steel Industrial
Park. This annexation has been initiated by the City in an
' , - r' 44.4 a lto be able to control business that front along FM544
such as fireworks stands etc. Also, the City is considerinn
an extension of a water line that runs aiong FMt.,44 and ti;.ib
would enable these people to participate in the extension of
that service.
Chairman Kent Crane opened the public hearing for anyone
wishing to speak for or against this annexation. Mr. Scholz
came forward on behalf of Mr. Woods. He stated that if the
only part of the Woods property that the City was intending
to annex was the 1 .5 acres along FM544 and between the
railroad tracks, he would have no argument. However , the
remaining acreage was cultivated and he intended to keep it
for that use and did not want it to be annexed. Mr. Pappas
added that Mr. Woods has signed a petition for voluntary
annexation on his 1.5 acre tract and has requested
agricultural zoning.
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r. Pappas went on to explain, that in his understanding,
" the reason for annexing undeveloped land, into the City,
that is contiguous with the City Limits is so that when the
land is developed it will be developed under City of Wylie's
standards. Being in our ETJ gives us some protection, the
plans have to meet our standards if the land is subdivided.
However, if the land is not subdivided and someone wants to
put an abusive use on it such as a junk yard, there is
nothing that we can do to stop him. Further, if the land is
annexed after such a use is already established then that
use would be allowed to continue under a "grandfather" use.
He would not be allowed to expand that use but the use would
be allowed to continue.
There being no futher questions or opposition the public
hearing was closed and brought before the board for
discussion.
Fred Ouellette asked Mr. Pappas if . notice of the public
hearing had to be posted in the newspaper.
Mr. Pappas replied that the only public hearings that had to
be posted in the newspaper, according to law, were those
held at the City Council level .
Ben Scholz wished to abstain from the discussion and vote
due to a conflict of interest.
Bill Chapman made a motion to accept the annexation. Fred
Ouellette seconded the motion. Motion carried 3-0 with one
abstaining.
ITEM NO. 3 - PUBLIC HEARING ON ANNEXATION OF 140.58 ACRES OF
FM1378 - This annexation is made up of two separate tracts
that lie on the west side of FM1378 and on the north side of
Lake Ranch Rd. This is another City initated annexation.
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.
Bill Chapman made a motion to approve the annexation. Fred
Ouellette seconded the motion. Motion carried 4-0.
ITEM NO. 4 - PUBLIC HEARING ON ANNEXATION OF 50 ACRES IN THE
MUDDY CREEK AREA - This single tract lies in the Muddy Creek
area just below the tract known to us as the George Lewis
property, which became a part of the Louis Reece property.
This is a City initated annexation. Mr. Pappas stated that
although this annexation was initated by the City, he had
received a phone call from the property owner requesting
voluntary annexation.
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, 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 asked if this • was an area that Sachse has
contested.
Mr. Pappas said that this area had never come up in
conversation with Sachse and he pointed out the areas that
Sachse felt should be their borders on the map.
:-, Ben Scholz made a motion to approve the annexation. Bill
Chapman seconded the motion. Motion carried 4-0.
ITEM NO. 5 - PUBLIC tEARIN@ ON ANNEXATION OF 65.23 ACRES ON
v'r- . .- . F BAL.LARD .ST. ;:rhi viiipneXi►tion i**ad ;;three tracts; Y •.c -A
which adjoin West Wind Meadows and front on S. Ballard St.
This annexation is initated by the City. Mr. Pappas said
that he had spoken with Mrs. Fry, property owner, she had
requested that the annexation be postponed until after the
first of the year. Mrs. Fry lives in Maryland and intends
to. fly down for the public hearing, she apparently feels
that this is a big event and a historical moment in the life
of the land and wants to be present for the event. She
apparently has no reluctance for annexation after the first
of the year.
Chairman Kent Crane asked if she was aware that this process
takes several weeks.
Mr. Pappas said that he explained the proceedure to her but
..A:`,''he did not think that he was understood.
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.
Fred Ouellette said that he felt we should honor Mrs. Fry's
request to postpone the annexation.
Bill Chapman said that he also felt that Mrs. Fry 's request
should be honored.
Fred Ouellette made a motion to postpone the annexation
process until after the first of the year. Bill Chapman
seconded the motion. Motion carried 4-0.
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. .59.
ITEM NO. 6 - PUBLIC HEARING ON ANNEXATION OF 279.028 ACRES
4pN E. BROWN ST. - This annexation is made up of several
tricts along the south side of E. Brown St. and one tract
adjoining Rush Creek II. Mr. Pappas stated that most of
these tracts are owned by members of the Kreymer family.
Ale. Archie Kreymer and Mr. Jimmy Kreymer had already signed
voluntary annexation papers but he had heard nothing from
Mr. Bill Kreymer.
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 approve the annexation. Bill
' Chapman seconded the motions- Motion carried 4-0.
• ,jF •.:j it TEM 11O.'5 7 - PUBLIC;HEAR VW4ON ANNEXAT I ON,OF-620.028;:.ACRES'.'
NORTH OF E. SH78 - This annexation is made up of several
tracts that lie north of E. SH78 and east of the large tract
of which the City Hall property was once a part. These
tracts lie primarily north of the St. Louis and Southwestern
railroad r.o.w. and adjoin the Federal property annexed into
the City during the pastyear 'or"so. -
Chairman Kent Crane opened the public hearing. Mr. Robert
Alexander owner of approximately 324 acres came forward to
oppose the annexation stating that his land is under
cultivation and has been for years, he has no plans' to
change his use at this time and would intend for the land to
come into the City if other plans came along. He requested
that only the land along Skyview Drive be annexed for the
City to be able to control the road r.o.w. and give him a
- ' tax break this year.
Chairman Kent Crane asked how much of a tax burden the
Agricultural zoning would be to Mr. Alexander.
Mr. Alexander said that he and Mr. Pappas had figured an
approximation and it was about $500.00.
Their being no other questions or opposition the public
hearing was closed and brought before the board for
discussion.
Ben Scholz asked Mr. Pappas if their was any way to honor
Mr. Alexander 's request and break up the property.
Mr. Pappas stated that in order to do that the property
would have to be surveyed and the cost burden would be on
the City.
Chairman Kent Crane said that the cost of the survey would
be more than the tax benefit for several years.
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Mr. Alexander asked if he could voluntarily annex that
-parcel.
Mr. Pappas said that any tract of land could be annexed that
'could be legally described.
Mr. Alexander said that he had a survey of that parcel that
he could furnish the City.
Bill Chapman made a motion to recommend to the Council to
annex the entire tract but that the Planning and Zoning
' Commission would have no problem in honoring Mr. Alexander 's
request to only, annex the parcel along the road if he
Supplied the City with a survey. Ben Scholz seconded the
motion. Motion carried 4-0.
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ITEM NO. 8 - fRECOMMENDATION ON ORDINANCE REBULATINS PRIVATE
CLUBS IN THE CITY - Chairman Kent Crane asked Mr. Faires if
it would be possible to get around the minimum separation
requirements of this proposed ordinance by using the Planned
Development Process, as provided in section 2. 1. Mr. Faires
replied that by using the Planned Development provision it .
would be possible to get around any part. or all of this
ordinance but the Planning and Zoning Commission and the
City Council had to approve it. That is the difference in a
Planned Development you have the power to make -more or less
strenuous demands on them.
Chairman Kent Crane then asked if everyone felt that the
exemptions in section 2.5 of the proposed ordinance should
Nbe taken out of.- the ordinance. Mr. Faires commented that ,
most Fraternal Organizations have a private club but that is
not the basis for their organization. These organizations
usually have some redeeming quality that make the acceptable
to the community and they have a reputation for taking care
of their own. Fred Ouellette said that he felt that Golf
and Country Clubs should be taken out of the exceptions.
Everyone agreed on that.
Fred Ouellette felt that 70% food sales, as set forth in
section 3. 1 , was too restrictive because that amounts to
about 1 drink per meal . Mr. Faires reported that our sister
cities used from 50% to 70%. Chairman Kent Crane said that
in order to represent the concerns of a conservative city we
should be on the high end of the percentage scale. Fred
Ouellette said that he had 65% in mind as a fair figure.
Mr. Pappas said that he would get some hard facts from our
sister cities to present to the commission at a later date.
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Chairman Kent Crane asked Mr. Faires if section 3.6 meant
only gambling machines or that all game machines would be
prohibited. Mr. Faires stated that in' his mind it meant
.gambling machines. Mr. Pappas said that he felt that it
meant all game machines. Fred Ouellette felt that whether
or not a resturant had game machines did not have any thing
to do with alcohol and should be taken out of the ordinance.
• Chairman Kent Crane felt that it was • a good precaution
because when people drink sometimes they don't use good •
Judgement and would be more likely to gamble. Gambling is
very hard to enforce because an officer has to catch them
_ actually placing the bet and it is better to take
precautionary measures. Fred Ouellette said that allowing
rresturants. that don't serve alcohol to have the machines and
-not allowing resturants that serve alcohol to have the
machines was discreminatory and may be challenged later.
Mr. Pappas said that this restriction is almost standard in
...,t . ."4 - eRceelf014 t ci _the..conserltiws I vi on .alcohol s r
Chairman Kent Crane said, while discussing section 6
(Remedies for Non-Compliance) , that he had an idea; if a
resturant did not come into compliance with the percentage
standards during an audit period, in the next period they
should be required to have .their alcohol sales down by the
same percentage that they were over in the pervious period
in order to compensate and keep a 70X average over the
entire year. Mr. Faires felt that this would be unfair
treatment and may not hold up in court. Fred Ouellette felt
it was too harsh but he would agree to a fine for
noncompliance. Chairman Kent Crane said that he would like
to be able to enforce this at the Staff level rather than at
the Council level because of the political pressures. Mr.
Faires suggested that" failure to comply could be considered
a mitdemeanor and shall be punishable according to State
Law" in this way you could let a iudoe decide what the
punishment would be; However , this would mean that only one
person would be making the decision instead of at • least
four. Chairman Kent Crane said that he felt that this would
be abused if the ordinance didn 't have some teeth to it.
Mr. Faires said that the ordinance was about as strict as
you could be, given the conditions.
NO. 9 - PRELIMINARY PLAT FOR 20.08 ACRES OUT OF DALLAS
COUNTY ABSTRACT NO. 381 - This property is located within
the ETJ of the City of Wylie just Southeast of Wells Road.
This submittal represents a re-submittal of the preliminary
plat of the Dottie Bateman Development. Mr. Pappas stated
that this property is not contiguous and is not eligable for
annexation.
•
Chairman Kent Crane had a question on what size water line
this development would be on. Mr. Pappas said that a
subdivision of this size would be on a minimum 6" line.
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• ,� "" '�` ,r_i- - l`+ 'i e4te had a question. as to how the` steets"were
' mead 'fronf to front or back to back? '`
Chai A Tent. :Crane stated that the 1S' =,easement shduld
. contirI,Ne around the cul-de-sac so that at `a hater date, if. a.7
sewer line needed to be layed, it would be: cheeper to lay*,i t
arounde;the ' front of the lots than all • the sway around the
property'
Mr. Pappas said that there may need to , be an additional
easement through the property in case a line needed to be
looped*aC:a :later:
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date. -
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,. ' -70►3°Y 'ems. • -,1111 110ilat Made a motion to :accept the peel i mi nary pl at
withz#: .e changes- to the 15' easement being carried a round
the C E
cul-de-sac and the measurements ,y�of the street being
l i. r-' - '":_ 7.;1 '. �N- - - "1 Z__.se, odd lit. +Q lam.. �, t ! �t` c , ��.. ..C.
4=0.
STEM NO. 10 - ADJOURN - Ben Scholz made a motion to adjourn.
Fred Ouellette seconded the motion.
Kent Crane, Chairman
Planning & Zoning Commission
•
Respectfully Submitted:
.A4- adietiegL_2Z4JAP •
Amanda Maples, Secretary
•
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Nge
CZ .-, OF WYLIE
114 N. BALLARD ST. — P.O. BOX 428
WYLIE,TEXAS 75098
(214)442-2236
/N/Nci. /7-1 19 S''
DATE
Mr. Gus Pappas
City Manager
City Hall
Wylie, Texas 75098
Attention: Barbara Le Cocq, Administrative Assistant
RE: __P sic,Mteva1aY_ 11.i4- r .-01 /YousgAi=saV.!rzsie 4b 0Wes*
Dear Mr. Pappas:
The material attached is approved by the Engineering
Department as being complete and acceptable for placement on
the next appropriate agenda. �t
Yam' Prel i mi nar-y plat to Planning and Zoning p,.ko1�
{Ct- Preliminary plat to City Council
dFinal plat to Planning and Zoning
Final plat to City Council
0 Construction plans to City Council for construction
approval only
0 Final plat to City Council for subdivision acceptance
along with final inspection statement
Sincerely,
w -' •
I. W. Santry, Jr. , P.E.
City Engineer
IWS/am
cc: Public Works Director
Code Enforcement Officer
Subdivision File
Chronological File
ie
CITY OP' WYLIE
114 N. BALLARD ST. — P.O. BOX 428
WYLIE,TEXAS 75098
(214)442-2236
DATE
Mr. Gus Pappas
City Manager
City Hall
Wylie, Texas 75098
Attention: Barbara Le Cocci, Administrative Assistant
RE: ,hi as ?' Ado aSS* — .Swfrux AAA. rie�►/
Dear Mr. Pappas:
The material attached is approved by the Engineering
Department as being complete and acceptable for placement on
the next appropriate agenda.
❑ Preliminary plat to Planning and Zoning
❑} Preliminary plat to City Council /�
1�. Final plat to Planning and Zoning „...
a Final plat to City Council q,,..c`J
Construction plans to City Counci ] for construction
approval only
0 Final plat to City Council for subdivision acceptance
along with final inspection statement
Sincerely,
I .W. Santry, Jr. , P.E.
City Engineer
IWS%am
cc: Public Works Director
Code Enforcement Officer
Subdivision File
Chronological File