05-21-1987 (Planning & Zoning) Agenda Packet J 4l
AGENDA
PLANNING AND ZONING COMMISSION
THURSDAY, MAY 21,1987
7 :00 P.M. COMMUNITY ROOM
800 THOMAS STREET
CALL TO ORDER
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1 - 2 Consider approval of minutes
2 3 - 4 Consider recommendations to
City Council on the passage
of an Ordinance Amending the
Subdivision Ordinance.
3 Adjourn
NOTICE OF MEETING
Notice is hereby given that a committee of the City of Wylie
will meet at 7:00 P.M. on the 21st day of May, 1987 in the
Wylie Community Room at 800 Thomas Street , in the City of
Wylie, Texas, for the purpose of considering the above
agenda.
Debbie Peoples, De uty City
Secretary
POSTED THIS THE 21st day of May, 1987 at 3I4 ' P.M.
MINUTES
PLANNING & ZONING COMMISSION
REGULAR MEETING
THURSDAY MAY 14, 1987
The Planning and Zoning Commission for the City of Wylie.
Texas met in a Regular Meeting on May 14, 1987 in the
Community Room at 800 Thomas Street. A quorum was present,
notice of the meeting had been posted for the time and in
the manner required by law. Those present were: Chairman
Brian Chaney, Vice-Chairman Ben Scholz, R. P. Miller and Jay
Davis. Bill Chapman and Ken Mauk were absent. Representing
the city staff was James Johnson, Interim City Manager: Roy
Faires. Code Enforcement Officer and Amanda Maples,
Secretary.
The meeting was called to order at 7: 30 p. m. by Chairman
Brian Chaney.
I�TEM_ OVAl=_OF-'M MARCH 19, 1987 - Vice-
Chairman Ben Scholz made a motion to accept the minutes.
R. P. Miller seconded the motion. Motion carried 4-0'
ITEM NO. 2 - CONDUCT PUBLIC HEARING ON A REQUEST FOR A
SPECIFIC USE PERMIT - This Specific Use Permit is to operate
a retail nursery in an "R" District - for 300 E. Hwy. 78,
Lot 37, Bloc 16 of the Railroad Addition.
Mr . Faires stated that the staff had recommended to the Citv
Council that this be handled as a Specific Use Permit rather
than a rezoning . This permit will allow him to sell live
plants outside it will not allow him to sell any produce on
the outside of the building.
Chairman Brian Chaney opened the public hearing to anyone
who mav wish to speak for or against this item.
M,'. Hank Stanlev, owner of the produce market came forward
and asked Mr. Faires if he would be allowed to sell
Christmas Trees on the outside of the building.
Mr. Fai&es said that he would be allowed to sell Christmas
Trees.
There being no further questions or opposition the public
hearing was closed and brought before the board for
discussion.
Chairman Brian Chaney asked the members of the board if the
permit should be limited to a yearly permit which would have
to be renewed or if a full permit should be granted.
Mr. Faires stated that he could not see just cause to
restrict the permit to a yearly basis but the permit may be
limited to the present owner.
Chairman Brian Chaney said that he felt that limiting the
permit to the present owner would be the best way to handle
something like this because if this proved to be a bad idea
then it would not be grandfathered for several years.
F. F. Miller said that he also felt that a present owner
clause would be a good idea.
Ben Scholz agreed that a present owner clause should be
stipulated in the Specific Use Permit.
Ben Scholz made a. motion to grant a Specific Use Permit for
the outside sale of plants with a present owner clause
stipulated in the permit. R.F. Miller seconded the motion.
Motion carried 4-0.
ITEM NO. 3 - ADJOURN - Vice-Chairman Ben Scholz made a
motion to adjourn the May 14, 1987 Meeting of the Planning
and Zoning Commission. R. F. Miller seconded the motion.
Motion carried 4-0.
Brian Chaney, C:h:a.i r m a.n
Planning °< Zoning Commission
Respectfully Submitted:
Amanda Maples, Secretary
7
ORDINANCE NO. ___
BEING AN ORDINANCE AMENDING ORDINANCE #83-13 SECTIONS 6. 04,
6. 06, 6. 07 AND 8, PROVIDING FOR A SEVERANCE CLAUSE,
PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS: It is the desire of the City Council of the City
of Wylie, Texas to include additional requirements in the
Subdivision Regulations, and
WHEREAS: The City Council has determined that such
regulations are necessary to protect the health, safety and
welfare of the citizens of the City of Wylie, therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
COLLIN COUNTY, TEXAS:
That Section 6. 04, Subsection A paragraph 2 is amended by
adding thereto the following :
It shall be the responsibility of the developer to
acquire and file, with his construction drawings, any and
all easements necessary or required for offsite work. Plats
shall not be "approved for construction" prior to the
presentation of these documents.
That Section 6. 06 second paragraph is amended by adding
thereto the following :
It shall be the responsibility of the developer to
acquire and file, with his construction drawings, any and
all easements necessary or required for offsite work. Plats
shall not be "approved for construction" prior to the
presentation of these documents.
That Section 6. 07 first paragraph is amended by adding
thereto the following :
It shall be the responsibility of the developer to
acquire and file, with his construction drawings, any and
all easements necessary or required for offsite work. Plats
shall not be "approved for construction" prior to the
presentation of these documents.
That Section 8 is amended by the following actions:
Entitle existing paragraph a and adding thereto the
following :
To be supplied before filing of final plat, and adding 2 new
paragraphs entitled b and c so that the entire Section 8
reads as follows:
SECTION 8 - BONDS_AND_INSURANCE
(a) The subdivider shall furnish a good and sufficient-
maintenance bond or put in escrow an amount as detailed in
the city' s fee ordinance to indemnify the city against any
repairs which may become necessary to any part of the
construction work performed in connection with the
subdivision, arising from defective workmanship or materials
used therein, for a full period of one ( 1 ) year from the
date of final acceptance of each phase of the project .
Final acceptance of a subdivision or phase of a subdivision
will be withheld until said maintenance bond is furnished to
the city, to be supplied before filing of final plat.
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(b) The subdivider or developer shall furnish a labor
and materials payment bond equal to 50% of the cost of the
public improvements, to be supplied prior to approved for
construction stage process.
(c) Proof of liability insurance to cover any and all
accidents that are attributable to the construction activity
both onsite and offsite, to be supplied prior to approved
for construction stage process.
SEVERABILITYt
It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses,
and phrases of this ordinance are severable and if any
phrase, clause, sentence or section of this ordinance shall
be declared unconstitutional or invalid by any judgement or
decree of a court of competent jursidiction, such
unconstitutionality or invalidity shall not affect any other
remaining phrase, clause, sentence, paragraph, or section of
this ordinance; and the City Council hereby declares it
would have passed the remaining portions even though it had
known the affected parts would be held unconstitutional.
PENALTY!!_
Any person, firm corporation or other entity who is found
guilty of violating the terms of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction of any
such violation, shall be subject to a fine not to exceed the
amount permitted by State Law.
PUBLICATIONSt
The caption of this ordinance shall be published one time in
a newspaper of general distribution in the City of Wylie.
EFFECTIVE_DATE�_
This ordinance shall become effective upon its publication
in a newspaper of general circulation.
PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS
THE............DAY OF_________________________ , 1987.
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Chuck Trimble, Mayor
ATTEST:
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Carolyn Jones, City Secretary
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