08-28-1989 (Planning & Zoning) Agenda Packet DATE POSTED 8-25-89
TIME POSTED 8:30 A.M.
AGENDA
CALLED MEETING PLANNING AID
ZONING COIOIISSION
CITY OF WYLIE, TEXAS
MONDAY, AUGUST 28, 1989
7:00 P. M. COUNCIL CHAMBERS
MUNICIPAL COMPLEX
2600 HIGHWAY 78 NORTH
CALL TO ORDER
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1 - 4 Consider approval of the minutes of
August 21st meeting
2 5 - 6 Conduct Public Hearing on the request
for replat of Lots 1, 2, 3, 4 , and 5,
Block A Stone Grove Phase I (reducing
the lots from five to four) located off
Stone Road
3 Consider approval of recommending to
City Council the replat for Lots 1, 2 ,
3, 4 , and 5 , Block A Stone Grove Phase I
4 7 - 8 Conduct Public Hearing on re-zoning
request for Tract 29 Abstract 23,
Atterberry Survey to change zoning from
Single Family 3 (SF3) to Business One
(B-1) located on the Southeast corner of
S. Ballard and Stone Rd.
5 Consider approval of recommending to
City Council the re-zoning of Tract 29,
Abstract 23, Atterberry Survey from
Single Family 3 to Business One
6 Discussion of Zoning , meaning , purpose
and different types and why
7 Adjourn
PLANNING AND ZONING MEETING
AUGUST 21, 1989
MINUTES
The Planning and Zoning Commission of the City of Wylie met
in regular session on Monday. August 21 , 1989 in the Council
Chambers of the Municipal Complex. A quorum was present and
notice of the meeting had been posted in the time and manner
required by law. Members present were Chairman Brian
Chaney, Vice Chairman Bart Peddicord. Bobby Jennings, Jim
Ferguson and Cecelia Wood. Staff members present were Code
Enforcement Officer Roy Faires and Secretary Debbie
Fletcher.
BIDER APPROVAL QF MINUTES OF THE JULY 17TH MEETING. Vice
Chairman Bart Peddicord stated his name was misspelled.
Change "Petticord" to "Peddicord". Bobby Jennings said on
page two, third paragraph, eighth sentence "Bobby Jennings
asked" should have been "Bobby Skipwith asked". Also on
page two, last paragraph, next to last line "motion was
seconded by Bobby Jennings" should read "motion was seconded
by Bobby Skipwith". Chairman Chaney asked for a motion on
this item. Mr. Peddicord made a motion to approve the
minutes as corrected. Jim Ferguson seconded the .motion.
The motion carried with all in favor.
Mr. Faires said Mr. Norwood had advised him that sometime
in mid-September the Planning and Zoning Commission would
have a joint meeting with the City Council because of the
problem which occurred last time with the plat. Mr. Faires
went on to say that we now have books on Local Government
Codes which consist of three volumes. He stated he would be
using the book. on ETJ for tonights meeting. Mr. Faires also
said after he has finished reviewing the books he will have
certain items he would need to discuss with the cit :
attorney which could possibly change some of our formats and
procedures which would enable the city to cut down on time
and the staff work involved. Specifically, the notification
process of certain applications which requires letters being
mailed to the citizens. Mr. Faires said in his opinion this
procedure can be eliminated, but he wants verification from
the city attorney.
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DIVOUNIQUAE_AIJ___ONNIMILAKANILMEM Chairman Chaney
opened the discussion by saying ETJ stands for Extra
Territorial Jurisdiction. It is a law given to us by the
state for our use. Historically, we have kept out sub-
divisions that do not meet our sub-division ordinances. ETJ
does not effect zoning, it strictly effects when someone
wants to take a piece of property and divide it into two or
more lots. Mr. Chaney said future use of the ETJ will be up
to the Planning and Zoning Commission and City Council . Mr.
Chaney turned the discussion over to Mr. Faires for ETJ
requirements, facts and figures.
Mr. Faires said many years ago developers purchased property
on the outskirts of town which are under "county
regulations" which are inadequate. Cities got together
through the Texas Municipal League to find out what could be
done about this. Mr. Faires went on to say that our lobby
at the Texas Municipal League went before legislature and
had this enabling law passed that would permit any city to
extend their sub-division regulations to their ETJ.
Legislature declared it a policy of the state to designate
certain areas as Extra Territorial Jurisdiction of
municipalities to promote general health, safety and welfare
of persons residing in and adjacent to the municipalities.
Mr. Faires went on to discuss the extent of Extra
Territorial Jurisdiction which are as follows:
( 1) Within 1/2 mile of those boundaries in the case of
municipalities with fewer than 5, 000 inhabitants.
(2) Within 1 mile of those boundaries in the case of
municipalities with 5,000 - 24,999 inhabitants. Wylie
is currently in this category.
(3) Within 2 miles of those boundaries in the case of
municipalities with 25, 000 - 49, 999 inhabitants.
(4) Within 3 1/2 miles of those boundaries in the case of
municipalities with 50,000 - 99, 999 inhabitants.
(5) Within 5 miles of those boundaries in the case of
municipalities with over 100,000 inhabitants.
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Mr. Faires also said if we annex one mile in any direction
all we have done is extended our ETJ another mile beyond
that new city limit line. The Extra Territorial
Jurisdiction of a municipality may not be reduced unless the
governing body of a municipality gives its written consent
by ordinance or resolution. Mr. Faires stated that what
people are requesting is that we do not apply our ETJ to s.
their sub-division. Mr. Chaney added to release them out of
it. Mr. Faires said yes, to release them, but not others
surrounding them and that this would be a violation of
government codes. Mr. Chaney asked if what Mr. Faires was
saying was that you can release them to another city. Mr.
Faires said no, you can reduce your ETJ by ordinance, but it
must be the whole area, not just that particular sub-
division.
Chairman Chaney brought up the fact that developers say it
is not economically feasible for them to develop the
property at cost according to our regulations. Economics
is not a concern of this board. Mr. Chaney said our concern
is that it is in the best interest of the citizens of Wylie.
Mr. Peddicord asked what can we do about the sub-division
within the one mile ETJ boundary when you do go to the two
mile boundary? Mr. Faires replied that all we can do is
refuse to annex them and give them the protection they
desire, until such time that those people spend the money
for upgrading which their developer should have spent.
Mr. Chaney asked about the substandard sub-division which we._
do not want to annex . If they have sewer running past it,
can we allow them to attach it to the sewer without
annexing? Mr. Faires replied yes, there is a premium in the
fee schedule for that purpose..
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In closing, Mr. Faires said he feels that we would be
digress in our duties to our citizens, present, past and.
future if we did not continue to exercise this particular
control for their protection as opposed to the enhancement
of the pocketbooks of certain developers. The Board members
thanked Mr. Faires for his presentation.
GENERAL DISCUSSION. Chairman Chaney stated at the next
meeting we have an item coming before us on zoning.
Specifically, cluster and strip zoning. Mr. Faires said in
the past we have zoned strips along major streets for light
commercial. use. After discussing the land use map, the City
Council and Planning and Zoning Commission decided in the
interest of proper controls and growth, they were •
• interested in cluster zoning around major intersections and
to maintain the single family atmosphere along the roads.
Jim Ferguson asked if there was an ordinance stating that it
is limited to a certain area as far as acreage. Mr. Chaney
replied it is more a precedence to what we have been doing.
Ms. Wood asked if on these retail areas going in adjacent to
homes are the people aware of all the requirements, such as
alleys, off street loading and unloading^ Mr. Faires said
they are made aware of it when they apply for permits.
Mr. Chaney clarified strip zoning by saying that Hwy. 78 is
a good example of strip zoning because that is how the area
was previously zoned. He also said cluster zoning is the
grouping, in clusters around major intersections of light
commercial business and then developing outward with single
family or whatever is best for the area. Mr. Faires said
strip zoning needs to be controlled properly and kept within
the B-1 category and anything beyond that would be outside
sales. We have been able to do this effectively by the
specific use permit process.
Mr. Ferguson said he would like to see as a topic of
discussion, landscape ordinances.
Mr. Peddicord asked about the status_ of the Emergency
Preparedness plan. Mr. Faires said we have not received the
information.
Mr. Chaney stated that at the next meeting he would like to
have zoning - mean, use and need on the aoenda before
General Discussion. Mr. Chaney would also like the land use
map brought in for this discussion. Mr. Faires said he
would bring the map to the next meeting.
There being no further business to discuss, a motion was
made to ad i o'.!r-n.
Brian Chaney, Chairman
Respectfully submitted,
Debbie Fletcher, Secretary
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CITY OF WYLIIE
2000 HWY. 78 N. - P.O. BOX 428
WYL,IE,TEXAS 75098
(214) 442-2238
August 7, 1989
PUBLIC HEARING
The City of Wylie has under consideration a replat request
from for
REPLAT OF FIVE LOTS INTO FOUR LOTS
Legal Description: Lots 1, 2, 3, 4, and 5 Block A Stone Grove Phase I
The Planning and Zoning Commission of the City of Wylie will
hold a public hearing on Monday, August 28, 1989 , at 7:00 P.
M. in the Council Chambers of the Wylie Municipal Complex at
2888 Highway 78 North for the purpose of considering this
replat 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. O. Box 428, Wylie, Texas
75098.
NAME
ADDRESS PHONE NO.
{ ) In favor of replat of Lots 1, 2, 3, 4, & 5, Block A
Stone Grove Phase I
( ) In opposition of replat of Lots 1, 2, 3, 4, & 5
Blcok A Stone Grave Phase I
Reason:
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6
APPLICATION
TO
❑ Board of Adjustment and Appeals (Building) ORDINANCE 83-15
III Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5
IN Planning and Zoning Commission
ORDINANCE 81-5
NAME ;!L L✓ ,,'. • iD ,J
ADDRESS -7 L" • 4).' w`�- 4 5% 6 ` .
tOT —Btoek . 3
SUBDIVISION /+ )� L`✓� ��r2
BASIS OF APPLICATION:
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1111 Interpretation
piSpecial exception for use or development
Variance
Rezoning
Exception to Building Code
EXPLANATION: s�,3
CA PD
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A- Q
SIGNITURE of APPLICANT fh�G -- ,t•
DATE g 7- ccl•
Must be accompanied by filing few of $ S, v
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Received: `
Date: 7— -
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CODE ENi CEMENT OFFICER —
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