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07-15-1991 (Planning & Zoning) Agenda Packet Posted: Friday, JUly 12, 1991 4:00 PM AGENDA REGULAR MEETING - PLANNING AND ZONING COMMISSION MONDAY, JULY 15 , 1991 7 :00 PM - COUNCIL CHAMBERS WYLIE MUNICIPAL COMPLEX 2000 SH 78 N CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 . --- Consider approval of minutes of the July 1 , 1991 meeting . 2 . --- Consider action on zone change request on lot 31 of the Meadows addition from Retail to Business 1 , per City Council request that Planning & Zoning further review this zone change request . 3 . --- Recess regular Business meeting . 4 . --- Convene for workshop to review recent Planning & Zoning projects (new members ) and discuss several upcoming projects such as : Oakridge subdivision, new zoning map, Comprehensive plan discussion , Capital Improvements Advisory Committee function, Ordinance updates and sign ordinance. 5 . --- Reconvene to regular business meeting. 6 . -- Citizen Participation. 7 . In accordance with the Open Meetings Act , any Board or Commission of the City of Wylie will hear comments of Public interest from residents and the pertaining to items within the jurisdiction of the seated Board. Remarks will be limited to placing the item on a future agenda for consider - action. Remarks must be limited to not more than five (5) minutes . 8 . --- ADJOURN MINUTES PLANNING & ZONING COMMISSION CITY OF WYLIE MONDAY, JULY 1 , 1991 The City of Wylie Planning and Zoning Commission met in regular session at 7:00 P. M. on Monday, July 1 , 1991 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. Those present were Robert Flint, Cleo Adams, Billy Mills, Gilbert Welch, Jerry Ault, Marvin Blakey and Mike Hawkins. Staff members present were Rick Herzberger, Building Official ; Nita Sims, Secretary; and Barbara LeCocq, Secretary. ITEM NO. 1 - Before the meeting was called to order, Oath of Office was administered to Marvin Blakey, Gilbert Welch, Billy Mills, Mike Hawkins and Jerry Ault, newly appointed members, by Carolyn Jones, City Secretary. ITEM NO. 2 - ELECTION FOR CHAIRMAN: Robert Flint was nominated by Cleo Adams and was seconded by Marvin Blakey. Gilbert Welch moved for close of nomination. Motion made and seconded for nomination of Robert Flint as Chairman. Motion carried, all in favor (7 votes ) . ITEM NO. 3 - ELECTION FOR VICE CHAIRMAN: Gilbert Welch was nominated by Marvin Blakey, seconded by Mike Hawkins. Cleo Adams moved for close of nomination. Motion made and seconded for nomination of Gilbert Welch as Vice Chairman. Motion carried, all in favor (6 votes ) . ITEM NO. 4 - CONSIDER APPROVAL OF MINUTES FROM MONDAY, JUNE, 17, 1991 : Chairman Flint asked for additions or corrections. Chairman Flint noted that in Item No. 2, paragraph two, the word "not" needed to be placed in front of refuse bins in order to correct the statement. Chairman Flint also noted that the Landscape Ordinance was intended to be changed and returned as a Public Hearing instead of an agenda item. A typo was also noted in Item No. 4 to change "the" to "he". Motion made by Cleo Adams, seconded by Robert Flint to approve minutes as submitted and corrected. Motion carried, all in favor (7 votes) . ITEM NO. 5 - BRIEF OUTLINE FROM RICK HERZBERGER OF 1991-1992 PLANNING AND ZONING WORK: Duties and projects covered include: Capital Improvements Advisory Committee, Ordinance reviews, Plat reviews and Zoning Map review. All topics to be covered in future work session. ITEM NO. 6 - CONDUCT PUBLIC HEARING ON REQUEST FOR RE-ZONING FORM SINGLE FAMILY 3 (SF-3) TO BUSINESS 2 (B-2) OF TRACTS 20, 16, 14, 21 AND 36 OUT OF THE E. C. DAVIDSON SURVEY, ABSTRACT 267 (MARTINEZ ADDITION) : Chairman Flint opened Public Hearing. Rick Herzberger gave a brief summary of reasons to change zoning such as inaccurate existing zoning reflected in Zoning Map, and mainly to provide additional business zoning to this predominately industrial area, yet allowing a more restrictive commercial zoning, due to adjoining SF-3 use. Brief discussion by members relating to history and existing zoning of this area. No comments from the floor with 13 letters mailed - 6 returned. Five in favor and one no vote. Chairman Flint then closed the Public Hearing. ITEM NO. 7 - CONSIDER RECOMMENDATION TO CITY COUNCIL ON PROPOSED ZONE CHANGE, ITEM NO. 6: Chairman Flint asked for a motion on zone change recommendation to Council . Motion of recommendation of zone change made by Mike Hawkins, seconded by Gilbert Welch. Motion carried, all in favor (7 votes ) . ITEM NO. 8 - CONDUCT A PUBLIC HEARING ON THE REQUEST FOR RE- ZONING FROM RETAIL (R) TO BUSINESS 1 (B-1 ) ON LOT 31 , MEADOWS ADDITION, ALAN ATTERBURY SURVEY, ABSTRACT 23: Chairman Flint opened Public Hearing. Rick Herzberger gave a brief summary and history of zone change request and referred to attached letter sent to Planning and Zoning members regarding this zone change. Staff at present time has not made a recommendation on zone change, as P & Z members response and action will determine staff' s recommendation to City Council , as well as Public Hearing presentations and comments. Chairman Flint asked for response from the floor and Frank Mulder, owner of property, presented his reasons for requesting a zone change. Bill Aperson of Arlington, Texas, speaking on behalf of Frank Mulder, also gave a brief explanation of proposed zone change request and subsequent car wash construction (main reason for zone change) . Two citizens from the floor voiced opposition of zone change due to other B-1 uses that would be allowed with a zone change. P & Z members all questioned Mr . Mulder' s intentions concerning other future land use, as well as addressing residential screening requirements and possible traffic hazards. All Commission members agreed by opinion that the car wash facility was an appropriate land use for that area, but were also in opposition to other B-i uses allowed by the change. 19 letters mailed, 1 return, 1 against. ITEM NO. 9 - CONSIDER RECOMMENDATION TO THE COUNCIL ON PROPOSED ZONE CHANGE IN ITEM NO. 8: Chairman Flint asked for motion on zone change recommendation to City Council . Gilbert Welch made motion to deny recommendation to Council on zone change, seconded by Marvin Blakey. Motion carried, all in favor (7 votes ) . ITEM NO. 10 - CITIZEN PARTICIPATION: None ITEM NO. 11 - ADJOURNMENT: Motion was made and seconded for adjournment. Meeting adjourned by Chairman Flint. I / CS:2C1..-‘k Robert Flint, Chairman Resp, fully submi ted: 4), ,J Nita Sims, Secre ary MEMORANDUM TO: PLANNING AND ZONING MEMBERS FROM: RICK HERZBERGER, BUILDING OFFICIAL DATE: JULY 12 , 1991 SUBJECT: MEADOWS, LOT 31 ZONE CHANGE AND COUNCIL ACTION TO HAVE PLANNING AND ZONING MEMBERS FURTHER REVIEW THIS ZONE CHANGE REQUEST. As a Zoning official for the City of Wylie, it is my responsibility to process zone change requests from staff or from the public. In doing so, I must follow three basic requirements : (1) Process zone change request through the Texas Version of the Standard Zoning Enabling Act , in order to present to Planning and Zoning Commission and City Council , a valid and legal zone change. (2 ) Compare this zone change request with the Cities Comprehensive Plan. ( 3) Present this zone change request to City Staff for their evaluation per Section 34. 4 of the zoning ordinance. After the above process is complete, the zoning official will present his recommendation to the the Planning and Zoning commission members either in favor or against zone change, but he may also request Planning and Zoning and Public Hearing review, before a recommendation is made regarding the zone change. This allows the Zoning official , as well as City Staff , the time to respond to Planning and Zoning and Public comments, by way of the Public Hearing, before final recommendation to the Council . My intentions , regarding the Meadows zone change, were to evaluate the Planning and Zoning hearing, present the responses to City Staff , then make recommendation to City Council . During the week of July 2 - 8th, I had time to further study this zone change request and asked Mr. Dashner to submit his recommendation, a copy of which is attached. I would also like to add to his recommendation, the following items for your consideration, on this zone change request : (1) In reference to Memorandum #4 - The 1972 and 1978 zoning maps ,show this entire tract to be zoned medium commercial , which at that time would reflect uses in B-1 and B-2 . 1980-1986 changes allowed a Planned Development in the 8.79 acre section leaving the remaining "subject tract" as Commercial - Retail . NOTE: a planned development district is established to "permit new and innovative concepts in land utilization" . (2) In reference to Memorandum #5 - Spot zoning has no clear definiton in the Texas Civil Statues, but is a resuItive definition applied to zone changes with regard to an individuals profit without consideration of adjoining land - owners . A Special Use permit , in this case, could possibly be defined as illegal spot zoning. (3) In reviewing the City Zoning Map, both 1987 and 1991, I discovered that the other two car washes in Wylie remain in Retail Districts . I also reviewed the intent of the retail district , with regard to Section 16, use #53 . of the Wylie zoning ordinance, and I see no reason- why this use, a self service car wash.- could not -be placed in the Retail District , as an allowable use and not a Specific use. Other Retail Districts would not be affected as I will show you on the zoning map on Monday. (Also, please remember that Public response by mail , regarding this change, was very minimal ! ) _ In _ conclusion, City Staffs _ intentions are_.. to __monitor .._._ __- possible zone changes as they relate to the immediate area concerned, and their relationship to the general area, the City as a whole, and the Comprehensive Plan intentions regarding appropriate land use. I feel that Mr. Mulder's zone change request has brought our attention to the fact that our zoning districts , and related uses , may need some general over-haul (as stated by Councilman Simmons) and possibly this zone change request will lead us into recommending a Public._Hearing on a -..proposed amendment to the Zoning Ordinance, placing a --self -service car wash into the Retail District . I would also like to ask you to review the Zoning ordinances listed uses for Retail , B1, B2 and_ Industrial for future evaluation by Staff . I will be-- - - collecting professional guidelines for this project within the next six (6) weeks. - a , MEMORANDUMI t1 'kH14 ' DATE: July 3 , 1991 ' TO: City Council 4111e.... FROM: Bill Dashner , City Manager RE: Conduct a Public Hearing and Consider Adoption of an Ordinance Changing the Meadow Addition , Allen Atterbury Survey, Abstract 23 , from Retail to Business 1 and Consider Planning and Zoning/Staff Recommendations { The Wylie Planning & Zoning Commission met in regular ` session on July 1 , 1991 and voted all against recommending the rezoning of Atterbury Survey, Abstract 23 , from Retail to Business 1 . The City professional staff recommends that the rezoning change be approved for reasons set out : 1 . Expand commercial tax base . 2 . Bring existing zoning ordinance into concert with new zoning map ( land use map) for this area of the City. 3 . B-1 zoning will not significantly disrupt ,existing zoning surrounding this intersection . 4 . Ballard Street is the main commercial corridor of the City and to " extend commercial use to this intersection is reasonable . 5 . Avoid spot zoning by consideration of special use permit that will come from property owner if this request is denied by City Council . 6 . This intersection lends itself to more intense ' commercial use . •