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04-04-1988 (Planning & Zoning) Agenda Packet DATE POSTED 4-1-88 TIME POSTED 3:30 A.M. AGENDA PLANNING & ZONING COMMISSION MEETING MONDAY, APRIL 4, 1988 7:00 P. M. COUNCIL CHAMBERS WYLIE MUNICIPAL COMPLEX 2800 HWY. 78 NORTH CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 2 Consider approval of minutes for March 7th meeting 2 3 - 7 Conduct Public Hearing on the re-zoning of Lot 1C, Block 9 Railroad Addition from Industrial to Retail 3 9 - 10 Consider approval of re-zoning of Lot 1C, Block 9, Railroad Addition from Industrial to Retail for recommendation to City Council 4 11 Consider approval of Zoning Category for indoor/outdoor Firing Range for recommendation to City Council 5 Oral Discussion concerning Private Clubs (new Laws) for staff direction 6 Adjourn PLANNING AND ZONING MEETING MINUTES MARCH 7, 1988 The City of Wylie Planning and Zoning Commission met in regular session on Monday, March 7 , 1988 at 7 :00 P.M. in the Council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the manner and time required by law. Those present were Brian Chaney, Chairman, Board Members Ben Scholz, R. P. Miller, Bob Skipwith, Bart Peddicord, Cecilia Wood, City Secretary Carolyn Jones, Code Enforcement Officer Roy Faires. Mr . Marty Stovall was absent . Chairman Chaney called the meeting to order. APPROVAL OF MINUTES: The minutes of the February 1st meeting were submitted for approval . There being no corrections or additions, Mr. Peddicord made a motion to approve as submitted. Seconded by Mr . Skipwith. This motion carried with all in favor . APPROVAL OF PRELIMINARY PLAT FOR TWIN LAKES SUBDIVISION: Code Enforcement Office Roy Faires stated that Engineering and Planning had reviewed these plans. Everything seems to be in order except for the two lots at the entrance of the subdivision. These lots have easements on them and can not be built on, therefore should not show on the plat as lots. Mr . Tobin, representative for the owners, stated that they knew these lots could not be built on. Mr . Faires said that once the preliminary plat is approved, it has to remain the same for the final plat. Therefore these easements will have to stay on these lots. Mr . Tobin asked the board to let him take the plans back to his engineers and explain this to them and come back to your next meeting. Mr. Faires stated that you could not make this type of variance from the preliminary to final plat. The easements have to be marked on the preliminary the same as on the final . Chairman Chaney said the best thing to do is to table this item until the easements and lots are correctly shown on the plat . Motion was made by Mr . Peddicord to table until all corrections are made. Seconded by Mr . Skipwith. This motion carried with all in favor . DISCUSSION OF POSSIBLE RE-ZONING OF LOT 1C, BLOCK 9 RAILROAD ADDITION: Code Enforcement Office Roy Faires stated this property is located around Second St . and Jefferson St. behind the Nursing Home. Mr . Faires also stated that this property was re-zoned in 1984 from Retail to Industrial at the property owners request . The owner at that time made a presentation to Planning and Zoning and to City Council and was granted his re-zoning, but it was zoned on what was told these boards and not with the understanding of what could happen with this type zoning. Mr . Faires said a present council member has come to my office and wants to know what can be done about all the equipment being parked there. Mr . Faires said that zoning could be done at the request of the property owner or initiated by Planning and Zoning or City Council . There was a lot of discussion from the Board on how the Industrial Zoning on this property has down graded the looks of the City at this intersection of Highway 78 . Chairman Brian Chaney wanted to know if the City Attorney had said anything about this or what could come from a re-zoning at this time. Mr . Faires said he said to go ahead , the City has the right to zone property. Mrs . Wood said that Planning and Zoning would re-zone this property back to Retail to conform with the surrounding zoning. It was the consensus of the board to begin re- zoning process on this property. There being no other business , a motion was made to adjourn with all in favor . Brian Chaney, Chairman Respectfully submitted, Carolyn Jones, City Secretary TO: P & Z COMMISSION FROM: ROY FAIRES, CODE ENFORCEMENT OFFICER DATE: MARCH 29, 1988 SUBJECT: LOT 1C, BLK 9, RAILROAD ADDITION This property is in the Railroad Addition, part of the original Township. In the original Zoning Ordinance passed in August 1980 it was zoned Retail. In 1984 a rezoning was requested and granted to zone the property Indus- trial. Nothing resembling the presentation to jus- tify this request has occurred. We have now determined that what really happened amounted to "Spot Zoning", and we are therefore suggesting that the zoning be returned to the orig- inal "Retail" to prevent any possibility of a legal challenge-to the zoning. J CITY OF WYI_,IE 2001 HWY 78 N-P.O.BOX 428 WYLIE,TEXAS 75098 March 25, 1988 PUBLIC HEARING The City of Wylie has under consideration a zoning request from Planning and Zoning Commission f o r ZONING FROM Industrial TO Retail Legal Description: Lot IC Block 9 Railroad Addition The Planning and Zoning Commission of the City of Wylie will hold a public hearing on Monday. April 4. 1988 , at 7:,,00 P. M. in the Council Chambers of the Wylie Municipal Complex at 2000 Highway 78 North for the purpose of considering this zoning request . As an interested property owner you are invited to attend this public hearing and express your views with respect to this matter . Carolyn Jones, City Secretary In order to be on record this form may be filled out and mailed to the City of Wylie, P. 0. Box 428 , Wylie, Texas 75098 . NAME ADDRESS PHONE NO. ( ) In favor of zoning of Lot 1C Block 9 Railroad Add. to Retail ( ) In opposition of zoning of Lot 1C Block 9 Railroad Add. to Retail Reason: I • • I N STREET -.- 1 IO I 10 1 2 9 2 9 2 - I ea 3 I I 8 4 3 8 3 3 111 I-. 7 4 7 4 W - W IX 5 � 6 5 6 5 15 SEWE ASEMENT-� I STREET 1 _ i 1 Z,s, ,i I 9 to3:111111 j 10 I •; s / - ••.•• • ••3 I 1 7 •• • A I I • ID i�,-r' \h p' 4 2 •6 4 6 • •• , C.) . • • W •• Z 5 CO -, / s0, / .E I 36 $, / - no .' 1 0- 9 3 ? i 8 ie..% • • • • 00 �� • 7 I 7 4 V z/ c I S ?LAJJ l6 ; ZOsaiG COMM:SS:1S A?!:L 12, 1,84 The ?laasiag A Zosiag Coes:ssioe for the CLCy of 'Jylis set is regular session at 7 :00 P.M. of Thursday , April 12 , 1984 is the Cooscil Chambers ac City Nall. A goatee was 'cosset aid notice of the meeting had bees posted for the time and is the Sasser required by law. Those is attendance were board members Joe Fulgham, chairsas; test Crane. Bryant Barry. Randall Castes. Sarah Cossslly, and Nancy Cookie. Those is attendance fro• the city staff were Gus Pappas, City Manager; Roy Faires, Code Enforcement Officer ; I . V. Santry, City Engineer; and Barbara LeCocq , secretary. Also present were petitioners Mel Sherwood and for NW Properties. Mel Lacquesent. ITEM NO. 1 - APPROVAL OF MINUTES Chairman Fulghas asked for any additions or corrections. There Seiag one , 3ryant 3arry made a motioo to approve the minutes as submitted . All in favor . ITEM NO. 2 - PRELIMINARY PLAT FOR WALLERS HOLLER - City manager noted that the staff recommends approval as does the Plat Review Committee. It was also noted that this is an ETJ Review. There being no discussion or comment a motion vas made by Randall Gaston to recommend approval to the City Council . Bryant Barry seconded the motion. Motion carried unanimously. ITEM N0, 3 - PRELIMINART PLAT FOR VEST WIND MEADOWS III - Gus Pappas said the staff recommends approval with the noted stipulations fro• the Plat Review Committee. Stipulations noted were to doable check radius corners on alleys, and ally continuance between existing lot 49 and new lot 50. Also to clean out end of each six inch sewer main. There being no further discussion, Randall Gaston made a motion to recommend approval to the City Council . Bryant Barry seconded the motion. Motion carried unanimously, ITEM N0. 4 - REZONING OF LOT 1C BLOCI 9 OF RAILROAD ADDITION Mr. Pappas explained that the hand-out received by the board was a brief history of the company and an explanation of the intended use of the property. Dr. Fvlghes called on Mr. Sherwood , the petitioner, to explain use of the property and to answer questions. There will be low volume manufacturing of electronic packaging including ceramic/metal circuitry, circuit board assemblies and glass/metal enclosures. Graphic products will include screen printing and circuit design. There will also be sales and service of Bausch B Lomb sicroscropes. Present building requirement is 10,000 square feet of office and manufacturing floor area and parking space for 25 employees . Public hearing was opened for comment . There being no comment from the floor, Gus ?appas said the staff recommends approval . Dr . Fulihas asked for consents from the members of the board . It was noted that there were eighteen letters seat out to adjacent property owners. Only two were returned . Bryant Barry asked for comment from Mr . Sherwood regarding one letter of opposition concerning chemical odors. Mr . Sherwood assured the board there would be very little objectionable odor and that any waste products would minimal . A motion vas made by Bryant Barry to recommend approval of this rezoning petition to the city council with the comment that air quality would be monitored. Randall Gaston seconded the motion. Motion carried unanimously. '1E; :YG 1,rQ:_ `R . ?$4 AC 3. 4A. The Wylie City Council met in a called session on Tuesday, April 24, 1984 at 7:00 P. M. in the Council Chambers at City Hall . Mayor Akin presided. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those in attendance were Mayor John Akin, Mayor Pro Tem Hughes, Councilmembers Percy Simmons, Cleo Adams, William Martin and Gail Wallace, City Manager Gus Pappas, City Secretary Carolyn Jones, P.M.O. & C.E.O. Roy Faires, Bob Vincent, Don Kreymer, Mike Cummings, Mr. & Mrs. Sherwood, and Elayn and Scott from The Wylie Mews. Mayor Akin called the meeting to order and Councilmember Martin gave the invocation. First Public Hearing - Annexation of 170.91 Acres (commonly know as Massie Hunt Properties) : This acreage is out of Francisco de la Pina Survey and Allen Atterbury Survey. It is located on Stone Road east of 'Wylwood V and east of Wylie Community Park. Mayor Akin opened the public hearing. There being no questions or opposition to the annexation, the public hearing was closed and the item returned to the Council table. Council did want to know which lift station would take care of this subdivision.Part of the sub division will flow to Rush Creek lift station and the other part to the Park life station. Motion was made by Mayor Pro Tem Hughes to proceed with the next step for annexation of this 170.91 acres. Seconded by Councilmember Adams. All in favor. ,--- First Public hearing - Annexation of 46.5366 Acres: This tract of land is out of the Francisco de la Pina Survey and is located at the corner of Paul Wilson Road and County Road 383. Mayor Akin opened the public hearing. There being no questions or opposition, the public hearing was closed and the item returned to the Council table. Councilmember Adams is concerned about the drainage ditch that runs through this property. City Manager Gus Pappas said this ditch would have to be left open for drainage for this sub division. Motion was made by Mayor Pro Tem Hughes to proceed with the next step toward annexation of this 46.5366 acres. Seconded by Councilmember Martin. All in favor. Public Hearing on Zoning Request for Lot 1C, Block 9, Railroad Addition: This property is presently zoned Retail and has a request for zoning change to Industrial . Mayor Pro Tem Hughes ask Mr. Sherwood if there would be any type of machines or equipment that would go against people with pacemakers, since this property is next to the nursing home. Mr. Sherwood assured Council there would be no mircowave equipment in use. Mayor Akin asked how many employees Mr. Sherwood would have. Mr Sherwood said approximately fifteen (15) to begin with but could possibly climb to 100 employees after the business is opened and builds up. Mayor Akin opened the public hearing. There being no questions or opposition the public hearing was closed and this item returned to the Council table. Motion was made by Councilmember Adams to rezone lot 1C, Block 9, Railroad Addition from Retail to Industrial . Seconded by Councilmember Wallace. All in favor. 7 . _77 MEETING MINUTES May 8 , 1984 7 : 00 P.M. The Wylie City Council met in regular session on Tuesday, May 8 , 1984 at 7 : 00 P.M. in the Council Chambers at City Hall . Mayor Akin presided. A quorum was present and notice of the meeting had been nested for the time and in the manner reauired by law. 2 4 4^ Approve and sign Ordinance Re-zoning a portion of the tract known as "The Meadows ': This property is located between Birmingham, Stone and Ballard. The public hearing for this re-zoning was done in early fall but the ordinance was not brought back to Council for approval to be signed. The zoning is one (1) acre for Retail and the remaining acres for 2F (duplexes) . Motion was made by Mayor Pro Tem Hughes to approve signing of zoning ordinance . Seconded by Councilmember Martin. All in favor. Approve and sign Ordinance Re-zoning Lot 1C Block 9 Railroad Addition: This property was re-zoned from Retail to Industrial . Motion was made by Maytr Pro Tem Hughes to approve signing of Ordinance. Seconded by Councilmember Adams . All in favor . Final Plat Approval Property known as Wyndham Estates : City Manager Gus Pappas said the County would participate in the paving of the Old Highway 78 and the developer of Wyndham would also participate in the paving of Old Highway 78 . Kreymer Lane and Eubanks have been paved - not up to City requirements but they are paved. Mayor Akin said he wanted a committment that old Highway 78 would by paved. Byron Cook told Mayor Akin the City had that committment . Motion was made by Councilmember Simmons to accept the final plat of Wyndham Estates. Seconded by Mayor Pro Tem Hughes . All in favor. Proposed Ordinance limiting construction work activities to speci- fic times of day and days of week: There has been numerous calls complaining about concrete trucks and construction workers be- ginning work early in the morning and late at night . Council- member Simmons said construction should not be allowed from 10 :00 P.M. until 6:00 A.M. and no construction work on Sunday. Mayor Akin suggested this item be tabled until City Manager Gus Pappas could meet with Chief Abbott and Roy Faires and work out all the details . Motion was made by Mayor Pro Tem Hughes to table . Se- conded by Councilmember Martin. All in favor . Authorization for Merit Pay Increase for City Manager : Motion was made by Mayor Pro Tem Hughes to authorize merit pay increase of 5% to City Manager effective May 15 , 1984. Seconded by Council- member Wallace. All in favor. Paid Bills : Motion was made by Mayor Pro Tem Hughes to accept the paid bills as submitted. Seconded by Councilmember Adams . ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200 .00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that the said change of zoning which is on application of PLANNING AND ZONING COMMISSION should be granted and the Comprehensive Zoning Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 .That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning district classification to-wit: RETAIL Said property being described as follows : Lot 1C, Block 9 Railroad Addition SECTION 2.That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3 .That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4 .That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invlaid , the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended , and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200 .00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6 . It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare fo the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the 12th day of April 198 8 . Chuck Trimble, Mayor ATTEST : Carolyn Jones, City Secretary sa RANGESL INDOOR AND OUTDOOR We investigated the zoning in Garland and found that indoor ranges were prohibited in all zones. This seems ultra- cor►servative that outdoor ranges were permitted by specific use permit in all districts. This seems a little liberal. Further investigation indicated that the present range ir► the City of Garland was now conforming a rifle only range and that the owners requested expansion to include shot guns or a skeet range. Our contact indicated that the City required plans to meet the minimum requirements of the National Rifle Association. For such a range as a part of the approval process for the specific use Permit, it seems that because of the area requirements the applicant was unable to meet these requirements. Staff feels that a properly constructed, sound proof building, in an industrial zone, by specific use permit would fill a need and reasonable requirement for an indoor range. Outdoor ranges should also be by specific use permit ( if allowed) however the specific ►_use permit should require very strong requirements such as the National Standards (possibly strengthened by the P & Z ar►d Council ) . SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD (Formerly Saner. Jack, Sallinger & Nichols) 44444C fALL{uc[R Attorneys & Counselors at Law PRESTON CENTER OFFICE w_Loun tnC»OLI 1800 Lincoln Plaza 8222 Doualaf Ave.Suns 707 LAWRCMC[ JACRfoN 500 N. Akard Dallas.Texas 75225 Tie AMR Dallas. Texas 75201 12141 8924218 ROD[RT L DILLARD IR ROOM D.H[YMULL (214) 954-3333 ROR[RT[.MAY[R KT[R•.'son ROT`"MAST"°"° January 21, 198 © DAVID Y. cc CRT L.DILLARD.JR. JOY"f.RO[MY IU ( 1 { '7 OF COUNSEL MACSA.f7OCRARD1!' fAY DAYDAL[YDARtC ' [I JAW 2993 Mayor Chuck Trimble i; \ \ �� City of Wylie _ P. 0. Box 428 Wylie, Texas 75098 Dear Mayor Trimble: The 70th Legislature, in House Bill No. 1652, enacted certain amendments to the Texas Alcoholic Beverage Code, including the enactment of a new section, Section 109.57, providing that a regulation of a city may not impose stricter standards on premises or businesses required to have license or permit under the Alcoholic Beverage Code than are imposed on similar premises or businesses that are not required to have such a license or permit. The Act does not affect the validity of an ordinance enacted prior to June 11, 1987, with regard to a specific tract of land on which such a business is located. However, it does prohibit the imposition of a regulation on such a business unless that business derives 75% or more of its gross revenue from the on-premise sale of alcoholic beverages, or unless it is a massage parlor, nude modeling studio, or other sexually oriented business. To the City of Wylie, this means that any existing private club premises in the city which were zoned for that business prior to June 11, 1987, must still comply with the provisions of that particular amendment to the Comprehensive Zoning Ordinance. On the other hand, future cases will be restricted by this Act unless such premises are within the categories listed above. I note that Section 16 of the city's zoning ordinance permits a private club serving alcoholic beverages in a retail district by a specific use permit granted in accordance with Section 22. I reviewed Section 22 and observed that it permits the council to impose conditions in the granting of a specific use permit that would not be imposed on other types of retail uses which are permitted as a matter of right. Section 22 does not appear to contain any specific regulations as to private clubs serving alcoholic beverages. It is my recommendation that this matter be referred to the Planning and Zoning Commission to call a public hearing to consider amending the Comprehensive Zoning Ordinance to permit a private club serving alcoholic beverages as a matter of right in a retail district unless the private club is the location of a massage parlor, nude modeling studio or other sexually oriented business or it is an establishment that will derive 75% or more of its gross revenue from the on-premise sale of alcoholic beverages. Similarly, the requirement for a specific use permit for such a private club should be applicable to only those same types of premises. Mayor Chuck Trimble Page 2 January 21, 1988 One question that bothers me reading this statute is the determination in advance that an establishment will derive 75% or more of its gross revenue from the on-premise sale of alcoholic beverages. My present best guess is that there will not be any such premises in the city because of the fact that such a business could probably not survive economically. However, it is a possibility and should be provided for in the zoning ordinance as outlined in this letter. Please let me know if you have any questions on this subject at this time. I will be happy to assist you further in the development of the necessary ordinance. Very truly yours, SALLINGER, NICHOLS, JACKSON, KIRK do DILLARD C��� n� Robert L. Dillard Ill RLD/sb cc: Mr. John Pitstick City Manager City of Wylie P. O. Box 428 Wylie, Texas 75098 SHERWOOD/Dallas Co. 11411 PLANO ROAD, DALLAS. TEXAS (214) 348 •0575 75243 DATE: April 4, 1988 TO: PLANNING AND ZONING COMMISSION WYLIE, TEXAS FROM: MEL SHERWOOD - RE: REZONING OF LOT 1C BLOCK 9 RAILROAD ADDITION WYLIE, TEXAS In reply to the letter from your office dated March 28, 1988 in regard to the Public Hearing of the above described property, I very strongly oppose the rezoning request for the following reasons: 1. When I purchased the land, it was only after I had been assured that the land had been rezoned industrial. I attended a zoning meeting with my realtor specifically requesting the property to be rezoned industrial. There seemed to be no problem among the rezoning group granting that request. We were assured that it had been rezoned industrial before the final purchase was made. 2. Resale of this property would be severly limited should the property be rezoned retail.. It is not suitable for retail purposes because of the one narrow entrance on Marble Street. 3. The property is for sale only because of the unforseen down-turn in the local economy. We would still like to use the land for a suitable industrial application. The Tamar Group, a business planning firm, is presently engaged in writing a five year business plan involving this property should it' not be sold. 4. Because of the nature of the industry conducted at 204 N. 2nd, in Wylie, adjacent to my property, and the fact that this is an unsightly industrial business being conducted in a residential zone and has been for years, a great deal of discrimination would be directed at me should my property be rezoned retail. When the 204 N. 2nd equipment became unbearable on my property, not only to myself but to the city, I demanded the owner remove his junk immediately. I also asked the Welding Shop to clean up his share of the site, finally asking him to vacate the property. I followed your requirements as closely as I could. 5. A possible sale for the property is presently being negotiated based on the fact that the land is zoned industrial. Should the property be rezoned retail, I not only might lose the sale, but would have greater difficulty selling it in the future, or finding a profitable use for it. For these reasons, I hereby request Lot C Block 9 Railroad Addition of Wylie, Texas retain its Industrial Zone Rating.