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09-17-1990 (Planning & Zoning) Agenda Packet Dated: Sept. 14, 1990 Time: 4:00 PM AGENDA REGULAR MEETING PLANNING AND ZONING COMMISSION CITY OF WYLIE , TEXAS MONDAY , SEPTEMBER 17 , 1990 7:00 P . M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 2 Consider approval of minutes of the August 20 , 1990 meeting /V° 2 3 - 5 Conduct PUBLIC HEARING for zone change from "SF-3" , Single , Family-3 , to "0" , Professional Offices at 301 N . Ballard , Lots 13 ,14 ,15 , Block 3 of the Brown )9) & Burns Addition as requested by the Birmingham Land Board Trust . 3 Consider recommendation to City Council for approval of a zone change from "SF-3" , Single Family-3 ,to "0" , Professional Offices at 301 N . Ballard , Lot 13 , 14 , 15 , Block 3 of the Brown & Burns Addition as requested by Birmingham Land Board Trust . 4 6 Consider recommendation to City Council for approval of Final Plat of Martinez Addition Phase II . 5 7 - 8 Discuss and consider recommendation to City Council in regard to elimination of Extra Territorial Jurisdiction of Branch Peninsula area . 6 Adjourn PLANNING AND ZONING MEETING MINUTES AUGUST 20, 1990 The City of Wylie Planning and Zoning Commission met in regular session at 7 :00 p .m . on Monday . August 20 , 1990 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 Chairman Bart Peddicord , Vice Chairperson Cecelia Wood , Richard Eckman , Bobby Jennings , new member Cleo Adams , Robert Flint and Kent Crane . Staff members present were Director of Community Development and Planning Ed Richie and Secretary Sandy Stevens . CITY SECRETARY TO ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED MEMBER. City Secretary Carolyn Jones administered Oath of Office to new member Cleo Adams . CONSIDER APPROVAL OF MINUTES OF THE AUGUST 6 , 1990 MEETING . Robert Flint said the word Plumbing on the second page , fourth paragraph , first sentence , should be changed to Planning . Vice Chairperson Wood stated that several times she was referred to as Vice Chairman Wood . It should be corrected to Vice Chairperson on page 1 , first paragraph, third sentence; page 1 ,third paragraph , first sentence; page 1 , seventh paragraph , first sentence; page 2 , third paragraph , first sentence; and page 2 , seventh paragraph , first sentence . Bobby Jennings made a motion for the minutes to stand as corrected . Robert Flint seconded the motion . Motion carried with all in favor . CONSIDER RECOMMENDATION FOR APPROVAL TO CITY COUNCIL OF PRELIMINARY/FINAL PLAT OF LOTS 1 , 2, & 3 OF BLACK OAKS ESTATES KNOWN AS THE THOMAS CHAMBER SURVEY, ABSTRACT 1049. BEING A PART OF A 23.203 ACRE TRACT OF LAND AS DESCRIBED & RECORDED IN VOL . 614 . PG. 537 . The Commission discussed de-annexing areas of Wylie 's E .T .J . or selectively limiting the E .T .J . to areas the City does choose to have control over . Bobby Jennings made a motion to table the recommendation until Mr . Richie talks to the City attorney , finding out if the Branch Peninsula is definitely in Wylie 's E .T .J . and if so , can it be de-annexed . Vice Chairperson Wood seconded the motion . Motion carried with all members in favor . DISCUSSION OF REAR YARD SET BACK REQUIREMENTS IN RESIDENTIAL DISTRICTS IN CURRENT ZONING ORDINANCE_ Mr . Richie said that of the areas he reviewed , no other ordinance requires a 25 ' rear yard set back . He explained that Plano requires 10 ' , Rowlett requires 20% of the depth of the lot , Mesquite requires 20% of the depth of the lot and Garland requires basically 10 ' ; all having parking requirements . Mr . Richie added that 20% of the depth of the lots would be approximately 22 ' . The Commission agreed the Rear Yard Set Back Ordinance needs to be updated and any discrepancies eliminated . No decision was reached to change the set back requirement from 25 ' . DISCUSSION. The members discussed the upcoming seminar being held in Fort Worth by the Texas Chapter of American Planning Association . Mr . Richie advised the members that the City will pay for their registration , transportation , meals and hotel if needed . He encouraged members to attend if possible , adding that it will be very informative and educational . Vice Chairperson Wood commented that the Sign Ordinance needs to be streamlined and enforced . Mr . Richie added that it needs to be reviewed and discrepancies corrected . Chairman Peddicord said he gave the most recently submitted Landscape Ordinance to the Chamber of Commerce and Economic Development Board . Of six Economic Development Board members , 5 were opposed to it and 1 had not studied it yet . Chairman Peddicord said he felt they were opposed to any Landscape Ordinance . He added hat a /,cconcern was t it would stifle growth in Wylie . C?� "U Mr . Richie advised the Board that the next regularly scheduled meeting would be September 17 , 1990 , since September 3 is Labor Day . ADJOURN. Mr . Jennings made a motion for adjournment . Mr . Eckman seconded the motion . Motion carried with all in favor . Bart Peddicord , Chairman Respectfully submitted , Sandy Stevens , Secretary TO: Members of Planning & Zoning Commission FROM: Ed Richie , Director of Community Development SUBJECT: Birmingham Land Board Trust Zone Change The "0" Office Park District was intended to provide a buffer between Residential and Retail activities . With the office district at the end of the business district it effectively ends any encroachment of businesses into the residential district . TO: Members of Planning & Zoning Commission FROM: Ed Richie , Director of Community Development SUBJECT: Martinez Addition Phase II Mr . Martinez is seeking to complete the platting of his property at Hwy . 78 and Kirby Street . The City Engineer has reviewed and indicated no problem with this development . Plats will be available at the meeting or at the office of Community Development . TO: Members of Planning & Zoning Commission FROM: Ed Richie , Director of Community Development SUBJECT: Extra-Territorial Jurisdiction The City Attorney has indicated that we can specifically define areas in which we propose not to enforce the Subdivision Regulations . This can be done by Council oo rca n Ce. This would include all land located on property known as the Branch Peninsula , falling within the extra- territorial jurisdiction of the City of Wylie and located within the following abstracts in Collin County , Texas : Abstract 338 - M . I . Giminez Survey 1022 - Madison Walker Survey 1049 - Thomas Chambers Survey 1 37 - W . W . Bell Survey 436 - A . D . Havens Survey 1086 - T . Wilson Survey 515 - John D . Kirby Survey 508 - James King Survey 476 - William Johnson Survey 890 - Sara 0 . Terry Survey 737 - John Russell Survey / SEP 17 ' 90 10: 52 FROM SALLINGER , NICHOLS PAGE . 002 SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD /`.LFREO BALL,N GEA (Formerly Saner,.Tack. Sallinger&Nichols) ponce.p nFMOH,Lr LAWRENCE W.JACKtoN Attorneys & Counselors at Law ROBERT E.MACER TIM KIRK 1800 Lincoln Plaza PETER G.SMITH OdFFrT L.DILLARD III JOQ N. A � JOHN PIERCE GRIFFIN 'i T N.A bAVIO M.HERMAN ROBERT L.DILLARD.JR. DalIi1R.Texas 75201 JOHN F.ROEMM IIt H.LOV19 NICMOL4 (214)954-3333 BRUC£A.ATOCKARD OF COUNSEL Facsimile(214)954.8334 September 17, 1990 Mr. Ed Richie Director of Community Development City of Wylie P. O. Box 428 Wylie, Texas 75098 Dear Ed: This will acknowledge your question with regard to the right of the city to waive extraterritorial jurisdiction. Extraterritorial jurisdiction is created by Section 42.021 of the Texas Local Government Code. By virtue of that section, the City of Wylie has extraterritorial jurisdiction within one mile of its corporate boundaries. When the city annexes territory, its extraterritorial jurisdiction expands accordingly. The extraterritoria urisdiction of the city may be reduced by ordinance enacted City Council. This is specifically authorized by Sect' n 42. 023 of the Texas Local Government Code. The Home R e rter does not specifically mention extraterritorial jurisdiction, but it does authorize the City Council to disannex territory and to fix its boundaries with or without the consent of the inhabitants or owners of the territory. In my opinion, the extraterritorial jurisdiction of the city or any part of it may be reduced by appropriate enactment of an ordinance by the City Council. The ordinance should specifically describe the area of extraterritorial jurisdiction being released or waived by the City Council. Waiver of a portion of the extraterritorial jurisdiction affects only that portion and does not reduce or affect any other portion of the extraterritorial jurisdiction not described in such ordinance. Please let me know if you have any other questions on this subject. Very truly yours, INGER, NICHOLS, JACKSON DILLAR► i 1(51( By Robert L. 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'.;"-- .4-1 3 ' -.' • 1 -r) -• i 5'6 10 II 697 • .t►w ; .a.� \�� '- '>> !`-;1% -� .: = ] • I Ho99Ol __-%� 04 850 ►52 . ..94 �• ( - 00 :►,11111111 -'\ `� zt, •� ' ��— � ~ — .1111. /� � 1 .. -• id '1 , _ . _ _ I �. • • • �• N �;;�� �, ` //�—�J'.-►' s^•� Normal Pool �Iw 472' ' ',►l1 — OP " •� � !•' I . -,, r 71 . 29 72 : ,„.______,..... 7fa rr,,„„,,-4 c — 39 •!�_-..-N/ ;1' ;� 433•luway E v. 490 /' ii i • ''f AS •, • .,,„41 • fl Q • i.'. �Q e ;;; • 1_ ��A I'' a I t - /'` --- NIP ��;��`--- _ -- ----_ I , courNW1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ELIMINATING THE EXTRA-TERRITORIAL JURISDICTION BOUNDARY LINE IN THE BRANCH PENINSULA, AND PROVIDING FOR AN EFFECTIVE DATE: WHEREAS, the City of Wylie desires to eliminate it' s Extra Territorial Jurisdiction in the Branch Peninsula area in accordance with Section 42 .023 of the Texas Local Government Code; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the following described property be deleted from the Extra-Territorial Jurisdiction of the City of Wylie. Beginning at a point in the Thomas Chambers Survey, Abstract 1049 , said point being the Southwest corner of the Thomas Chambers Survey. Thence; North along the West boundary of the Thomas Chambers Survey, continuing along the Western border of the W. W. Bell Survey, Abstract 37 and the William Johnson Survey 476, to the Northwest corner of the William Johnson Survey, Abstract 476 . Thence, continuing along the border of the Sara D. Terry Survey, Abstract 890 to the Northwest corner of the John Russel Survey, Abstract 737 . Thence; following the Northern and Eastern borders of the John Russel Survey, Abstract 737 and continuing along the Eastern and Southern borders of the James King Survey, Abstract 588 to a point at the Northeast corner of the John G. Kirby Survey, Abstract 515 . Thence; South along the Eastern border of the John G. Kirby Survey, Abstract 515 to a point in the Northern border of the M. I . Giminez Survey, Abstract 338 , said point also being the Southeast corner of the Brice M. Carr Survey, Abstract 175 . Thence; South across the M. I . Giminez Survey, Abstract 338 to a point in the Southern border of the M. I . Giminez Survey, Abstract 338 said point also being the Northeast corner of the Lemuel Hill Survey, Abstract 433 . Thence; West along the Southern border of the M. I . Giminez Survey, Abstract 338 and continuing the Southern and Western borders of the Madison Walker Survey, Abstract 1022 to a point in the West border of the Madison Walker Survey, Abstract 1022 said point also being the Southeast corner of the Thomas Chambers Survey, Abstract 1049 . Thence; West along the Southern border of the Thomas Chambers Survey to the point of beginning . 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 . Should any paragraph, sentence, subdivision, clause , phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invalid , the same shall not affect the validity of this ordinance as a whole or any part or provision thereof , other than the part so declared to be invalid, illegal or unconstitutional . SECTION 4 . The fact that the best interest and welfare of the general public will be served by the City of Wylie by deleting this portion of its Extra-Territorial Jurisdiction , requires that this Ordinance shall take effect immediately from and after its passage , and it is accordingly so Ordained . DULY PASSED by the City Council of the City of Wylie, Texas, on the day of , 1990 APPROVED: JOHN AKIN, MAYOR ATTEST: CITY SECRETARY APPLICATION TO El Board of Adjustment and Appeals (Building) ORDINANCE 83-15 . Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5 Planning and Zoning Commission ORDINANCE 81-5 NAME f3\Tz-t-li K4 I4AI•A LM.1D T2 j. ADDRESS 'G 1 N• i3A1,-/-Af2P • LOT BLOCK , SUBDIVISION BASIS OF APPLICATION: II Interpretation II Special exception for use or development QHVariance Rezoning Exception to Building Code EXPLANATION: ' C ' ?' SV- 3 — 6 — fA s 100 A-t._ OP t c 1 i r, is SIGNITURE of APPLICANT X(:° v.U-- S • DATE . , -( iffv • . Must be accompanied by filing,fee of $ 2.50°�" . r Received: A-uS • I c 1150 ..„...„_?7,A0/ • Date: • CODE ENFORCEMENT OFFICER 31 17 10 I • 38 v•i. . .• •. 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