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08-17-1992 (Planning & Zoning) Agenda Packet DATE POSTED: 8/13/92 TIME POSTED: 4:30 P. M. • AGENDA REGULAR MEETING OF THE PLANNING & ZONING COMMISSION MONDAY, AUGUST 17 , 1992 6:30 P. M. - COUNCIL CHAMBERS WYLIE MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER: ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 . ) Consider approval of minutes of the July 21 , 1992 meeting. 2 . ) 1 - 2 Consideration of Oakridge Subdivision Final Plat Approval . 3 . ) 3 - 4 Consideration of nature and performance of group home / halfway house usage and determine the zoning district or districts within which such uses should be permitted. 4 . ) Report from Paul Beaver , Director of Planning and Engineering. 5 . ) Citizen Participation: In accordance with the Open Meetings Act , any Board Commission of the City of Wylie will hear comments of Public interest from residents and pertaining to items within the jurisdiction of the item on a future agenda consider - ation . Remarks must be limited to not more than five (5) minutes . 6 . ) Adjourn. NOTICE OF REGULAR MEETING Notice is hereby given that the Planning and Zoning Commission of Wylie will meet at 6: 30 P. M. on the 17th day of August , 1992 , in the Council Chambers of the Municipal Complex at 2000 Highway 78 North in the City of Wylie, Texas , for the purpose of considering the ab ve and foregoing agenda. ite Acting i y Se e y POSTED THIS 13 TH DAY OF AUGUST, 1992 AT 4 : 30 P. M. MINUTES PLANNING AND ZONING COMMISSION CITY OF WYLIE MONDAY, JULY 21 , 1992 The City of Wylie Planning and Zoning Commission met in regular session at 6: 30 PM. Monday, July 21, 1992 in the Council Chambers of the Municipal Complex . A quorum was present and a notice was posted in the time and manner required by law. Those present were Gilbert Welch, Mike Hawkins , Cleo Adams ,Billy Mills , Bart Peddicord, Richard Eckman and Bobby Jennings . Staff members present were Building Official ; Rick Herzberger and Secretary; Nita Sims . ITEM NO. 1 : OATH OF OFFICE: The City Secretary, Carolyn Jones swore in the new member, Richard Eckman as required by law. The Oath was signed by the new members and notarized. ITEM NO. 2 : ELECTION OF CHAIRMAN AND VICE CHAIRMAN FOR THE 1992 - 1993 YEAR: Mike Hawkins nominated Gilbert Welch for Chairman; Bobby Jennings nominated Bart Peddicord for Chairman. A vote was taken on each nomination with a 4 to 3 vote with the majority of the votes for Gilbert Welch. Gilbert Welch is the new Chairman. Richard Eckman nominated Bart Peddicord for Vice Chairman with no other nominations . The members voted all in favor to make Bart Peddicord Vice Chairman. (7 Votes) ITEM NO. 3 : CONSIDER APPROVAL OF MINUTES OF JULY 6, 1992 : A motion was made by Cleo Adams and seconded by Bobby Jennings to approve the minutes as submitted with minimal corrections . Motion carried, all in favor. (7 Votes) ITEM NO. 4 CONVENE INTO A WORK SHOP FOR THE FOLLOWING PURPOSES: 1) A 40 MINUTE VIDEO "THE ROLL AND RESPONSIBILITIES OF THE PLANNING COMMISSIONER. 2) CENTRAL BUSINESS DISTRICT CONCEPT. 3) PLANNING COMMISSIONER FUTURE GOALS: The Members watched a 40 minute video concerning " The rolls and responsibilities of a Planning Commissioner" . The members discussed the video as well as the Central Business District concept and the Planning Commissioners future goals. ITEM NO. 5 RECONVENE INTO THE REGULAR BUSINESS MEETING: Chairman Welch closed the workshop and reconvened the regular business meeting. Bart Peddicord made a motion and was seconded by Cleo Adams to approve preparation for the Central Business District Ordinance by Staff for the Planning and Zoning Workshop and subsequent recommendation Action. Motion carried all, in favor . (7 votes) ITEM NO. 6 : CITIZEN PARTICIPATION: John Tobin of Starlight Homes (1109 Hughes Court) expressed his views on the impact with out a City Building Inspector in Wylie when Rick Herzberger leaves and he read his letter that was sent to the City Manager . • ITEM NO. 7 : ADJOURN: A motion was made and seconded for adjournment . Meeting adjourned by Chairman Welch. Motion carried, all in favor. ( 7 votes) i(/\ ij Gilb t Welch, Chairman Respectfully submitted: \)\,\I) Nita Sims , Secretary • Nify CITY OF WYLIL 2000 HWY 78 N — P.O. BOX 428 WYLIE,TEXAS 75098 June 22, 1992 214-442.2236 Mr. Dwight Scott Investors Network 2530 Electronic Lane, Suite 712 Dallas, Texas 75220 Dear Dwight : I will need the following items upon Final Plat submittal : 1 . Final Plat with surveyor ,seal and Construction Drawings (see attached describing the amount and quantity of submittal ) . 2. DART permits for utility boring. 3. DART Drainage and 15' Sanitary Sewer Easement South. 4. Grading access permission from FDIC - submittal on 6/8/92 needs correcting as follows : need attachment of Exhibit "A". 5. 15' Utility Easement from FDIC - submittal on 6/8/92 needs correcting as follows: a) N 1 ' 26' 48" W - 15. 00' changed to S 1. 26' 48" W 15. 00. b) Last paragraph, change perpetually to some. 6. East Fleming R. O. W. dedication - submittal on 6/8/92 needs correcting as follows : 2nd paragraph, change "suing the some" to "using the same". 7. West Fleming and portion of Westgate Way R. O. W. "Resubmit". 8. Storm Sewer and Open Channel Drainage Easement on Westgate Way - submittal on 6/8/92 needs correcting as follows : Third course description - radius of 240. 00' needs to be reflective of 230. 00' as shown on Exhibit ft A". 9. A development bond or irrevocable letter of credit must be acquired for review by the City Attorney and submitted to the P & Z meeting for recommendation approval . Mr. Dwight Scott Page Two June 22, 1992 Please reference the attached copy, a December 2, 1991 letter describing the specifics of the development bond as well as the required fees needed before the P & Z meeting and before the City Council meeting. I need all the above mentioned items submitted in detailed form, as this will reduce the plat processing "time of approval ". Please contact me if you have any questions. Sinc rel yours, Rick Herzberger Building Official RH/ lp xc: Steve Norwood, City Manager Paul Beaver, Director of Planning & Engineering MEMORANDUM TO: Planning and Zoning Commission FROM: Steven P. Deiter SUBJECT: Appropriate Zoning Classific tion for Group Home/Halfway House DATE: August 14, 1992 I am making this communication in place of the building inspector, as such position is currently vacant. Paul Beaver would normally handle this issue but is on vacation this week. The proponents of the subject home are anxious to get started so I am going forward with the subject in the absence of the aforesaid. Leon Boughton of Wylie had made previous contact with Rick H. concerning the establishment of a group home or halfway house in the City. The proposed facility is to be located in what I understand is the former Wylie Medical Clinic/Hospital located at the Northwest corner of the intersection of Oak and First Streets, across the street to the West from the First Baptist Church. The property is currently zoned RETAIL "R" . In reviewing the allowed uses in the "R" classification (see attached Section 16) I was unable to find any use, or specific use which I thought applied to the intended use. Likewise, I was unable to find such a use as one of the allowable or specific uses in any of the other zoning district classification. Therefore the proposed use is something akin to a "man (or use) without a country (or classification) " . I am of the opinion that the use cannot be allowed in Retail, or other classifications, since it is not specifically authorized. The Zoning Ordinance anticipates such occurrences and provides a mechanism for determining the appropriate classification for uses not otherwise specified. This mechanism is set forth in Section 28 of the Zoning Ordinance, a copy of which is attached for your information and review. I do not have a great deal of information concerning the anticipated use. Mr. Boughton, and perhaps others, will be present at the meeting to provide additional information. I can however advise you of the following general information concerning the anticipated use. The building will house persons, and if married the spouse and children of persons, who have been paroled from prison. The residents will be screened and only those who have previously shown positive signs or rehabilitation and Christian commitment will be accepted. They will remain, subject to their continued good behavior, for approximately six months. During the residency they will be trained with life skills, biblical counselling, and family values. I understand that there will be initially less than ten residents. When the building is fully utilized and developed there may as many as twenty to twenty-five. As noted above, and in the language of Section 28, the issue before the Commission will be what classification such a use should be placed into. Upon making such a determination the Commission's recommendation will be forwarded on to the City Council for their final action. In reviewing the list of allowed uses in retail you will note that many are similar, but not the same, as the anticipated use (e.g. hotel or motel, public or private school, day care, residence home for the aged, church synagogue or rectory, and others) . Given these similarities I am generally of the opinion that such a use could appropriately be placed into the 'tel6' � classification. However, actual determination of the issue is in, the sound discretion of the Commission and ultimately the City Council. I will be present at the meeting, as will Paul Beaver. Should any of you have any questions in the meantime please call me at City Hall on Monday, or if necessary at home over the weekend at 442-6449. (c) Lot Depth:The average depth of the and office facilities predominantly for the lot shall be not less than one hundred convenience of residents of the community. feet (100). § 16.1 Use Regulations: A building or premise (3) Minimum Dwelling Size: The shall be used only for the following purposes: minimum floor area of any dwelling shall be one thousand(1,000)square feet, (1) Banks or savings and loans w/wo drive exclusive of garages and breezeways and thru. porches. (2) Clinic,medical or dental. (4) Lot Coverage: In no case shall more than forty-five percent(45%)of the total (3) Laboratory,medical or dental. lot area be covered by the main building. Not more than sixty percent(60%)of the (4) Office,general. total lot may be covered by the main structure,accessory buildings,driveways (5) Optical shop. and parking. (6) Studio,art,music,drama,speech. § 15.4 Parking Regulations: Two (2) covered parking spaces per unit behind the front building (7) Letter and mimeograph shop. line. Off-street parking spaces shall be provided in accordance with the requirements for specific uses (8) Garden shop and plant sales,inside. set forth in Section 23. (9) Veterinarian office,no hospital. § 15.5 Additional Restrictions Applicable to "MH"District: (10) Florist shop. (1) Manufactured housing design and (11) Antique shop,enclosed. construction will comply with (12) Bakery or confection shop,retail. manufactured housing construction and safety standards published by the (13) Barber or beauty shop. Department of Housing and Urban Development pursuant to the (14) Book,camera or card shop. requirements of the Texas Manufactured Housing Standards Act (Article 5221f, (15) Clothing and apparel store. Vernon's Texas Civil Statutes) and all manufactured housing will be subject to (16) Cleaning and laundry pick-up station. inspection by the building official. (2) All manufactured housing within a (17) Discount,variety or department store. subdivision shall be set on solid slab (18) Drug store. structure or pier and beam foundation. Additional rooms in a subdivision such as enclosed porches, etc., shall be (19) Drapery,needlework or weaving shop. constructed on a solid slab. (20) Supermarket. (3) Accessory buildings will be either (21) Furniture and appliance. manufactured or constructed in accordance with city codes. (22) Handicraft or hobby shop. SECTION 16 (23) Key shop. "R" — RETAIL DISTRICT (24) Laundry or dry cleaning,self service. General Purpose and Description: The"R" retail (25) Health studio. district is intended for neighborhood shopping (26) Paint,wallpaper and hardware. facilities which provide limited business service Page 15 (27) Personal service shop. (53) Other general retail sales of similar nature and character provided that the (28) Photography studio. business establishment is subject to the following conditions: (29) Shoe repair. (a) That it be conducted wholly within (30) Restaurant w/wo drive-in service. an enclosed building. (31) Tool rental(inside only). (b) That required yards not be used for display, sale or storage of merchandise, (32) Auto parts and accessories,new. or for the storage of vehicles,equipment, containers or waste material. (33) Medical appliances,fitting&sales. (c) That all merchandise be sold at (34) Bus pickup point. retail on the premises._ (35) Motion picture theater,indoor. (d) That such use not be objectionable because of odor,excessive light, smoke, (36) Hotel or motel. dust, noise, vibration or similar nuisance. (37) Public buildings including fire stations and library. The following specific uses when granted in accordance with Section 22: (38) Private or business radio tower. (1) Heliport. (39) Water reservoirs, pumping plants and wells. (2) Broadcasting facilities,radios,television, or microwave tower. (40) Telephone or utility business office. (3) Cemetery or mausoleum. (41) Telephone exchange, switching and transmitting equipment. (4) School,commercial,trade or craft. (42) Sewage pumping or lift station. (5) Golf course,public or private. (43) Church synagogue or rectory. (6) Private club, serving alcoholic beverages. (44) School,private or public. (7) Rodeo or other sports arena. (45) Day nursery,or child care center. (8) Commercial amusements, indoor or (46) Hospital. outdoor. (47) Lodge or fraternal organization. § 16.2 Height Regulations: No building shall exceed one hundred feet (100'), except cooling (48) Nursing home or residence home for towers, roof gables, chimneys, vent stacks or aged. mechanical equipment rooms may project, not to exceed twelve feet(12)beyond maximum building (49) Electrical transmission lines and height. substation. § 16.3 Area Regulations: (50) Health/fitness centers. (1) Size of Yards: (51) Public swimming pools,indoor/outdoor. (a) Front Yard: Minimum required (52) Radio,television,appliance shop. setback,twenty-five feet(25') measured from front property line. Accessory Page 16 clocks showing time,temperature,and similar SECTION 28 data may be allowed. CLASSIFICATION OF NEW AND UNLISTED USES No lighted sign shall be erected within one hundred and fifty feet (150') of a residential district unless the lighting is shielded from § 28.1 It is recognized that new types of land view of the residential district. use will develop and forms of land use not anticipated may seek to locate in the City of (k) Balloons and other Floating Devices Wylie. In order to provide for such changes and Used for Advertising Purposes: No person contingencies,a determination as to the appropriate shall erect, maintain or permit the erection of, classification of any new or unlisted form of land for advertising purposes,any balloon or other use shall be made as follows: floating device anchored to the ground or to any other structure within the City of Wylie. (1) The building inspector shall refer the question concerning any new or unlisted § 26.25 Persons Responsible: The permittee, use to the planning apd zoj g owner, agent, person or persons having the commission requesting an in ,roretation beneficial use of the ground or a sign,the owner of as to the zone cnr aai i sscation into which the land or structure on which the sign is located, suc use s ou Tacea.The referral and the person in charge of erecting the sign are all oi"flie use interpretation question shall be subject to the provisions of this ordinance and are accompanied by a statement of facts subject to the penalty provided for violations of listing the nature of the use and whether this ordinance individually. it involves dwelling activity, sales, processing, type of product, storage and amount, and nature thereof,enclosed or SECTION 27 open storage, anticipated employment, PLATTING PROPERTY NOT transportation requirements, the amount PERMANENTLY ZONED of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for § 27.1 The planning and zoning commission of public utilities such as water and sanitary the City of Wylie shall not approve any plat of sewer. any subdivision within the city limits of the City of Wylie until the area cow-by the proposed (2) The planning and zoning commission plat shall have been permanently zoned by the city shall consider the nature and described council of the City of Wylie. - performance of the proposed use and its compatibility with the uses permitted in § 27.2 The planning and zoning commission of - the various districts and determine the the City of Wylie shall not approve any plat or zoning district or districts within which any subdivision within any area where a petition or such use should be permitted. ordinance for annexation or a recommendation for annexation to the City of Wylie is pending before (3) The planning and zoning commission the city council unless and until such annexation shall transmit its findings and shall have been approved by resolution by the city recommendations to the city council as council. to the classification proposed for any new or unlisted use. The city council § 27.3 In the event the planning and zoning shall, by resolution, approve the commission holds a hearing on proposed recommendation of the planning and annexation, it may, at its discretion at the same zoning commission or make such time hold a hearing upon the permanent zoning determination concerning the that is to be given to the area or tract to be classification of such use as is annexed, and make a recommendation on both determined appropriate based upon its matters to the city council so that the city council findings. can, if it desires, act on the matter of rmanent zoning and annexation at the same time (4) Standards or new and unlisted use•OP • •ted as those of a similar . When determination of the minimum requirements cannot be readily .0-4,,^,t,j1u purc lroPHswr() 1�'«�, Page 39 1 r�w�� _4 �( bF o�l o ,,, , //--626—c?/ �ov�ce�/ /1114 & FINKLEA FOR RESEARCH AND MARKET VALUE ANALYSIS OF RIGHT- OF-WAY PROPERTY ALONG ALANIS LANE, DIRECTLY RELATED TO THE LANDFILL CLOSURE AND APPROVED THOROUGHFARE PLAN: Councilman Martin made a motion that we approve payment of this invoice , seconded by Councilman Swartz . The vote was as follows : Mayor Akin - in favor , Maypr Pro Tem Davis - in favor , Councilman Swartz in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor . The motion carried with all in favor . CONSIDER REOPENING OF ALLEYWAY ON BUTLER STREET NEAR HILLTOP LANE: Councilman Hughes made a motion that we table this item and conduct a public hearing on this at the next meeting . Seconded by Mayor Pro Tem Davis . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor . The motion carried with all in favor . CONSIDER AUTHORIZATION TO USE CITY OWNED EQUIPMENT FOR THE "SHORLINE RE-LEAF PROJECT" AT LAKE LAVON, UNDER THE SUPERVISION OF THE PARKS DIRECTOR: Councilman Martin made a motion that we allow use of our equipment for this project , seconded by Councilman Messenger . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF THE DEVELOPMENT PLAN SUBMITTED BY THE DEVELOPMENT CORPORATION OF WYLIE, INC: Jim Smith , President of the Development Corporation of Wylie , Inc . made this presentation . Councilman Hughes made a motion that we approve the plan submitted by the Development Corporation of Wylie , Inc . Seconded by Mayor Pro-Tem Davis . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor . The motion carried with all in favor .