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02-06-1989 (Planning & Zoning) Agenda Packet DATE POSTED 2-02-89 TIME POSTED 9:30 A. M. AGENDA PLANNING AND ZONING COMMISSION MEETING CITY OF WYLIE MONDAY, FEBRUARY 6, 1989 7100 P.M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 -5 Consider approval of minutes for January 16, 1989 meeting C Previously Consider recommendation to the handed out City Council for the adoption of the new Thoroughfare and Collector Street Flan. 6 Consider recommendation to the City Council the adoption of Wylie Shopping Village Preliminary and Final Plat for Brockahire Grocery company Site Flan. 4 Insert Copy of site plan for the proposed Brookshire Grocery Company. 7--8 Consider recommendation to the City Council for adoption of the abandonment and closure of the Second Street Railroad Grade Crossing of the AT&SF Railway. Oral General Discussion 7 Oral Adjourn DATE POSTED 2-02-89 TIME POSTED 9:30 A. M. AGENDA PLANNING AND ZONING COMMISSION MEETING CITY OF WYLIE MONDAY, FEBRUARY 6, 1989 7100 P.M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 -5 Consider approval of minutes for January 16, 1989 meeting Previously Consider recommendation to the handed out City Council for the adoption of the new Thoroughfare and Collector Street Plan. • h Consider recommendation to the City Council the adoption of Wylie Shopping Village Preliminary and Final Flat for Brookshire Srocery Company Site Plan. 4 Insert Copy of site plan for the proposed Brookshire Grocery Company. 7--8 Consider recommendation to the City Council for adoption of the abandonment and closure of the Second Street Railroad Grade Crossing of the AT&SF Railway. • 6 Oral General Discussion Oral Adjourn PLANNING AND ZONING MEETING MINUTES JANUARY 16, 1989 The Planning and Zoning Commission met in regular session on Monday January , Chambers of the �.. , 989, in the Council Municipal Co,nple . A quorum was present and notice of the meeting nad teen posted in the time and manner required by ". Chaney ,, law. �t1�.81' � ,7r=��.. t wc' c ....:-oiirTfar, Briar -_-- Chair' z; . Sa-t -edd :ors Cecelia Wc.oC , Marty Stovall , Bob : :y. �' =`a� C;-,L.er7 pr_senl wee a E-f= - _ �, mac Fa.,-es and - -ary Franc- _- - 5 a, any; y_ e- - `ior. -c.ne _ . Roo je- fr ;es was acset . C`.a_ ria _al . ed the meeting to order . APPROVAL OF MINUTES: Cecelia Wood corrected the „!i nutes of January 4, 1589 by stag ' _ : aat pa:-agra�;' 0 page ; I ) shou. C read May'cr - _ _ c-f ea written . Eart -_ � _C Ttate a ;r, JF J . to aoce ' - n7.utes as corrected. Sac tic,= Cecelia ' Jcd. , he ;lot i _.. _sr i ed w. th all in fa vor . CONDUCT PUBLIC HEARING IN REGARDS TO THE REQUEST FOR MR. DOUG POOLE, OWNER OF POOLE FEED SUPPLY TO OBTAIN SPECIFIC USE PERMIT FOR FEED STORE WITH OUTSIDE SALES. Chairman Brian Chaney opened the Public Hearing. Roy Faires stated that the City Secretary advised that she had sent out letters and two were returned , both were in favor and both with no comments. So being that there were no other comments or opposition tree Public Hearing was closed. Mr . Faires also pointed out that Mr. Doug Poole had also requested two Specific Use Permits. ( 1 ) outside plant sales, retail only in a E-I Zone, (2) outside sale of feed and seed items ir conjunction with a feed and seed store in a B-I Lone. ;e advised on how the Planning and Zoning Commission needs to =arefuliy specify ; e various items which will actually be applicable to the application. The Planning and Zoning 7orn.-is ion discussed each item that Mr. Poole had listed for sale in the proposed areas and these are _n e final specified items, with limitations, to be sold in these said areas. In all areas the hay is to be the common rectangular baled hay In all areas the wood shavings are to be bagged In al : areas the fertilizer is to be bagged In all areas the peat moss is to be bagged In all areas the firewood is to be stacked and or bundled The Planning and Zoning Commission divided Area 1 into Area 1 and Area la. Area 1 - everything in this area limited to three (3) ft. high, wood shavings, firewood, christmas trees and farm and home supplies with the stipulation of lawn and garden items as normally defined. Area la - hay, wood shavings, firewood, christmas trees and farm and home supplies with the stipulation of lawn and garden items as normally defined. Area 2 - fertilizer , peat moss, wood shavings, firewood limited to (3) ft. high, and seasonal plants Area 3 - seasonal plants, fertilizer, peat moss and tack (no height restriction in this area) • Area 4 - this corner will have a 20 ft. setback from both streets, and a ft. limitation: on all things in this area, firewood, hay , wood shavings, landscape timbers, farm and home supplies Area = - no height restriction , fertilizer , nay, wood shavings, farm and home supplies , farm and ranch trailers (if using stacked trailers , maximum is ., high; Area C - no height restriction , fertilizer , wood _-•a✓ings and hay CONSIDER RECOMMENDATION TO CITY COUNCIL IN REGARDS TO THE REQUEST FOR MR. DOUG POOLE, OWNER OF POOLE FEED SUPPLY TO OBTAIN SPECIFIC USE PERMIT FOR FEED STORE WITH OUTSIDE SALES. Bob Skipw: th made the motion to recommend to the City Council a One Year Specific Use Permit for Mr. Doug Poole. Seconded by Bart Peddicord. The motion carried with all in favor. CONSIDER RECOMMENDATION TO THE CITY COUNCIL IN REGARDS TO THE REQUEST OF SINGLETARY AND BECKHAM TO RELINQUISH EXTRA TERRITORIAL JURISDICTION ON 104.67 ACRES LOCATED OUT OF THE SD TERRY SURVEY ABSTRACT 890 IN COLLIN COUNTY TEXAS (BRANCH PENINSULA) . Mr. Faires updated new board member Steve Wright that many years ago the City annexed many acres of government land in order to provide ETJ protection for the Branch Peninsula and for the area surrounding the lake. Mr. Faires said this particular request is for a large tract that falls within our ETJ in which we are by State Law authorized to app: , our subdivision regulations and subdivision regulations only. He stated that for some ''eason Singletary and Beckham have decided to resubmit their request. Ray Fai--es also stated that in the meantime, he had spoke with the city ' s attorney and his question to him was if we were to relinquish this - "'q particularpiece ec_ of property ty when we shouldn ' t , would we be liable in a law suite filed by a person that had been, offended by that action. The lawyers answer was undoubtedly so. The lawyer said the only way you car get out of this situation is by legislative action; whicn is to reduce the extent of the one mile ETJ, which would effect the whole city. Mr. Faires also read a memo from City Engineer Ron Homeyer stating that he recommend that the City of Wylie not relinquish it ' s ETJ requirements on this tract of land at this time. Mr . Faires also stated that it is also his recommendation to not relinquish the ETJ either. Mr . Nelson stated that the reason they were back before the Planing and Zoning Coi rri ssl on with this request was that before the Commission had not had a chance to study County Ordinances. Mr . Nelson also said that they don 't believe in the near future that the City of Wylie will be able to bring utilities to this area. He also stated that if the City =ar ' t bring utilities to this area, that they could petition to come into try _. ' y limits arc, that there would to a statutory limit of hen the City would have to get utilities to t`.= s area. Mr . RT;y Faires then made the :or--ction that if the/ petitior for ar ne:<ation , that the _i t is 7,ot rteL_ - ad: to Sri :hem wi '_i, services of any i = f art the: +ri L7 - _ '; an."e. at. on it is not e q-i _c. Caid McCaw, Attorney for 'sr . c'eckham and Mr. Singletary stated that N1r .. Beok.ha<<, bcuy:;t the property, and after bi-_yi ng it , the City cf Wylie decided to annex certain other pieces of pcp_rty. He said that Mr. Beckham did not request annexation , he never had and he probably will not ever request annexation. He said when Mr. Beckham bought the land they intended to develop the property under the laws that existed for the property at the time. He continued to say that Mr. Beckham was being adversely effected in an after the fact situation. Mr. Beckham questioned 1 - _pie City ever intended to control the area su far from donnt wr :gybe. Brian Chaney spoke up and stated that the Planning and Zoning Commission did want to control the Branch reni ns...l a for an orderly development. Mr . Beckham stated that the area is so remote, because of the size of the lake. He stated that the city 's requirements in a rural area would .*,ake it not affordable and would be hard to sell because of the cost of the required concrete streets and sewer lines. He asked that the Planning and Zoning Commission not to i,npcse the city ordinances on something that is not going to be in the city. Roy Faires stated that sewer and services : s not the question. There is not anything in the state law that says the city can apply it 's ETJ , provided it provides ycL with services. It states anything within a rile of the city is within it 's jurisdiction , regardless of whether we ' ll ever be able to service it or not. The city can control subdivision regulations; that it is one ordinance that the State of Texas says the city can enforce and the City of Wylie has extended the ordinance in that direction. Cecelia Wood stated that the more stringent regulations shall apply for the benefit of the citizens and that the Planning and Zoning Commission does have the opportunity to ensure that the citizens are provided with proper streets, drainage and fire hydrants. Bob Skipwith stated that he couldn ' t understand how the City could control a mans land. Mr . r-aires offered a couple of possibilities of drawing a one mile line around the Branch Peninsula and abandon the whole thing out there in the water. He stated that he would not recommend that they shorten the one mile ETJ , because the City needs the ETJ in other areas. He said the idea was, since they annexed the lake , was ( l ) tc get the parks back to the people (2) to prevent some of the things that have been going on through the exercise of ETJ. Chairman Brian Chaney stated that the Legislature in Austin decided it was the right of the cities the size of Wylie , to have the one mile ETJ order to p,-otect orderly deielopert of t_ne eit:es. He stated the City of Wil ie is net de Tying t-.e subdivision of this property , and all the requirements are is that they meet the ordinances. He continued to say that development in this area, due to our annexations , will be orderly and to the standards of the Ci t of y Wylie and until those standards are made stronger or weaker they are to abide by them. Cecelia Wood also stated to Mr. Beckham that he did not come before the Planning and Zoning Commission requesting variances, but that he came before the Commission to relinquish the city 's ETJ powers, and that perhaps he may have made the wrong request. Bob Skipwith also stated that someone needs to address this issue, that he just could not se_ the City of Wylie ever annexing the whole lake. He said that he understands both sites. Marty Stovall also agreed with Mr. Skipwith. He believed that the Planning and Zoning Commission should relinquish it ' s ETJ and not st =le yr. Beckham. Roy Faires pointed out that the Planning and Zoning Commission cannot pick and choose, per the city 's attorney. Bart Peddicord made the motion to recommend to the City Council , that the Planning °_ Zoning Commission not relinquish the Extra Territorial jurisdiction requested by Singletary and Beckham for 104.67 acres. Seconded by Steve Wright. A vote was taken with four votes in favor and two against , there was a misgiving on the part of one member and a revote was taken by decision of the chairman. The motion passed with five in favor and one against. Mr. McCaw objected to the revote. CONSIDER RECOMMENDATION TO THE CITY COUNCIL IN REGARDS TO THE CITY COUNCIL IN REGARDS TO THE FINAL PLAT OF PHENNEL ADDITION LOCATED ON THE BRANCH PENINSULA. City Engineer Ron Homeyer recommended the approval of this plat but with stipulations. He stated the staff recommends that the subdivision be approved contingent upon the construction of the perimeter street in compliance with the City of Wylie subdivision regulations. Rob Skipwith made the motion to recommend to the City Council that this piece of land be subdivided under the City of Wylie Subdivision Ordinances. Seconded by Bart Peddicord. The motion carried with all in favor. DISCUSSION OF THOROUGHFARE PLAN AND COLLECTOR STREET PLAN. Roy Faires expla-neo ''at this was the same Thoroughfare plan brought to the Planning and Zoning Commission before, but with the elimination of the one way streets downtown. He e <plai^ed that the only major variation between this Document was the relocation of one connection point; which was __ el im: ,-ate a major cree:. crossing and make a minor creek crossing , and the insertion of the collector streets. goy stated that with the additions that have been added , it wcol c be his reccii,,T:er mat. or to 3o Zvi to it. The board also di ==L..seed the possitility of making ac,t,e streets dead ends. 1- ,:iacoased railroad crime_-_n;a and the one way streets and diacos=eo tne ex ns f_C i Jrl G Eprlllgc reek" Parkway an4: Sanden nUul = ar' i i',ey alac di soossed the widening of Akin Lane. GENERAL DISCUSSION. Chairman Brian Chaney regoestei the city staff to place the appr-c ./al of the =_.. e;nt Thoroughfare 'lair for the ne;,t -agenda to adopt it. Bart Peddicord passed out maps that he had received from the Chamber of Commerce which showed the annexations made by the City of Wylie, and that he would try to keep them up to date or future annexations. Cecelia Wood was _on`_rned about .a�vacant homes being secured ago people cooid of c i_ a 9 ria out. „M r . Faires stated that the Code En=.orc_ment does handle things of this matter. Briar- Chaney also `oroogt,t up the subject of tires slashed in the city over the weekend. Curfews were also discussed. Mr. Faires also said that he had rece_ -,ed revised flood plain maps from CF_;"A; Federal Emergency Management Administration , and that he would see tnat all the Planning and Zoning Commission received one. There being no further business, a motion was made to adjourn with all in favor. Brian Chaney , Chairman Respectfully submitted , Francis Varnell , Secretary MEMORANDUM TO: Planning and Zoning Commission FROM: Ron Homeyer, P. E. , Staff Engineer DATE: February 1 , 1989 RE: Wylie Shopping Village Preliminary and Final Plat Brookshire Grocery Company Site Plan The Planning and Zoning Commission reviewed the Preliminary and Final Plat for the Wylie Shopping Village subdivision on July 18, 1988 and recommended its approval to the City Council contingent upon the acquisition of a joint access easement by the owner , Wylie Shopping Village, Ltd. (Mr . Dwight Scott, President ) , from the Wylie Community Hospital . The negotiations with the Wylie Community Hospital have not resulted in the acquisition of the joint access easement required by the Planning and Zoning Commission as part of their recommendation to the City Council ; therefore, the owner and prospective buyers (Brookshire Grocery Company) would like to discuss the matter further. Inserted in your packet is a copy of a site plan for the proposed Brookshire Grocery Company facility which also shows the existing facilities at the Wylie Community Hospital . Please review this site plan inorder to prepare for the scheduled discussion. MEMORANDUM TO: Planning and Zoning Commission FROM : Ron Homeyer, P. E. , Staff Engineer DATE: February 1 , 1989 RE: Abandonment and Closure of the Second Street Railroad Grade Crossing of the AT&SF Railway The Atchison Topeka and Santa Fe Railway Company is currently in possession of a new Grade Crossing request from the City of Wylie for the proposed Sanden Boulevard project. They have completed all of their internal review processes of the proposed construction, but they are hesitant to add the additional liability associated with roadway grade crossings of their railway. One action by the City of Wylie which would encourage the release of the grade crossing agreement from the AT&SF Railway would be the closure of one of the existing unsignalized grade crossings in the central part of town. Therefore, I would like to recommend the consideration of the closure of the Second Street grade crossing because the preliminary design of State Highway 78' s widening proposes the closure of Second Street as part of the project. I would recommend that the closure of the crossing be delayed until the construction of State Highway 78 commences , at which point it can be included with all of the additional road closures and right of way changes. •3 IQ is / ATCAl/ 0At TO AA/0 SAA/TA F'E RA/L W of `. ',/rC. // N t , /'� ~I \. �• \�. (.r, ` O /� \`, . ' -,F ' f 1 - 7 _. _ ) � / ► f ! r ; • ,,ab .-...."-:-1, • , it/ / ---- ., , ` /''ROPOSED R.O.M/ ') - ' . ..\ .44-,-m41a1111k11Im*..A-m inmleftebms;,G ," ,ii. ' ,��'' i _ __. _ e. - . , - _�• •/. 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