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06-04-1990 (Zoning Board of Adjustment) Agenda Packet AGENDA REGULAR MEETING PLANNING AND ZONING COMMISSION CITY OEM' WYLIE, TEXAS MOIDiAY, JONE 4, 1990 7:00 P. M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 - 3 Consider approval of minutes .�� 1 PP I. from May 21, 1990 Planning and U Zoning meeting 2 4 - 6 Consider approval of recommendation for an ordinance amending Ordinance No. 85-23A by adding a new usage under Section 16 Professional Office 3 General Discussion 4 Adjourn NOTICE OF REGULAR MEETING Notice is hereby given that a committee of the City of Wylie will meet at 7:00 P. M. on the I _ day of ,1990, in the Council Chambers of the Municipal Complex at 2000 Hwy. 78 North, in the City of Wylie, Texas, for the purpose of considering the attached agenda. Carolyn es, Secretary POSTED THIS THE f DAY OF2,4.7 ,1990, AT AT /i Oa /2 M. PLANNING AND ZONING COMMISSION MEETING MINUTES MAY 21, 1990 The City of Wylie Planning and Zoning Commission met in regular session on Monday, May 21, 1990 at 7:00 P.M. 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 Brian Chaney, Bart Peddicord, Cecilia Wood, Bobby Skipwith, Bobby Jennings and Richard Eckman, Code Enforcement Officer Roy Faires and Inspector Ed Richie and Carolyn Jones, City Secretary. Mr . Jim Ferguson was not present. Chairman Chaney calle he meeting to order. Mr. Faires asked Mr . Chaney if he could give a report on the question of Fire Protection a South Fork Mobile Home Park. If you remember at the last meeting, there was a question of the City' s liability at South Fork Mobile Home Park. Mr. Bruce Stockard from the City Attorney' s office has written the following : "The provision of fire services to citizens of a town is a governmental function. As a consequence, any action arising from alleged negligence on the part of the city for failure to provide timely fire service is completely barred from any recovery. Consequently, a distinction in availability and responsiveness of fire service to differently situated citizens within the city limits of a city does not remove the governmental immunity that the city enjoys in providing fire protection to its citizens. In summary, there is no liability of the City because one area of town has different availability and response time of water and fire service. " USES TO BE PERMITTED IN NEW OFFICE CATEGORY: Mr . Faires stated that the survey sheet sent out to each Planning and Zoning member came back with a number of different uses such as dental office, architect, bookkeeping and accounting , engineer, lawyers, office general . Mr . Faires also stated that churches and schools are permitted in any zoning as well as public buildings and libraries. Did the board want professional offices where only personal services are rendered? Chairman Chaney said if we can get a list put together of five to ten uses with low impact and the other uses be put in Retail with Specific Use Permits, then the ordinance can be put together. Mr. Faires named the following as suggested uses with low impact and 50% lot coverage for the new "Professional Office" zoning district: 1 . Architect offices 2. Bookkeeping or accounting 3. Engineering 4. Interior Decor r 5. Lawyers 6. Telephone Answering Service 7 . Churches/schools 8. Electrical lines - sub station 9. Business offices - non-profit organization 10. Administrative offices There was some discussion on research offices and laboratories and was decided not to include these in this new zoning district. Mr. Faires stated that there will be an ordinance on the next regular meeting for the board to consider for recommendation to City Council . Mr. Jennings wanted to know about the height restrictions. Mr . Faires said 50 feet height is what we have in Single Family zoning. After some discussion, there was a general consensus to have the height restriction in the new zoning district at 50 feet. Chairman Chaney asked the board to remember when the house comes back for re-zoning, that we are here to zone and or not far or against the Land Board, we are just zoning a piece of property. GENERAL DISCUSSION: Mr. Eckman stated that Mr. Espinosa out on FM 544 was still stock piling sand, gravel and rock. Mr . Richie said it is zoned Industrial and can have this storage. Mr. Espinosa can not have the mobile home for an office and has been told this and has been denied electricity. Chairman Chaney stated that there were several terms coming up for re-appointment in July, and his was one of these, but that he would not be seeking re-appointment. Chairman Chaney stated that the other members whose terms would be up in July were Jim Ferguson and Bobby Skipwith. Mr . Peddicord stated that he was in McKinney and picked up a blue print of Collin County Thoroughfares. The only change I can see is on Spring Creek Parkway. I will leave this copy with the Engineering Department here at City Hall . Mrs . Wood said the Special Use Permit for Poole Feed and Seed denies him from parking cars on his lot for sale. The • Banks and Parts Plus are doing the same thing and I feel we should contact them. Mr. Faires stated that if the business is under B-2 zoning, you can have cars on your lot for sale. Both of these places are in B-2 zoning . Mr. Skipwith wanted to know what was being done on FM 544 where the board had issued a Special Use Permit. Mr. Faires said it is the new sanitary sewer trunk line. Mr. Peddicord said the area the board issued a special use permit for the Driving Range has a for sale sign with B-2 Zoning listed on it. Mr. Faires said it is B-2 Zoning. There being no other matters for discussion, a motion was made to adjourn with all in favor. Brian Chaney, Chairman Respectfully submitted. Carolyn Jones, City Secretary ORDINANCE NO. AN ORDINANCE FOR THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 85-23A ZONING ORDINANCE BY ADDING A NEW USAGE UNDER SECTION 16 PROFESSIONAL OFFICE; PROVIDING FOR SEVERABILITY CLAUSE, PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND DECLARING AN EFFECTIVE DATE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS THAT: SECTION 1 Ordinance 85-23A is hereby amended by the following actions that Section 16 becomes Section 17 and all succeeding subsections are re-numbered accordingly. SECTION 2 There is hereby created a new Section 16 to read as follows: SECTION 16 "0" PROFESSIONAL OFFICE General purpose and description - The "0" district is intended for Professional Offices creating a low impact on the surrounding area. SECTION 16.1 USE REGULATIONS: A building or premises may be used only for the following purposes: 1. Administrative offices - for public or semi- public, civic, religious or charitable organizations 2 . Architect offices 3. Bookkeeping or Accounting 4. Engineering (office only) 5. Lawyer 6 . Telephone Answering Service 7 . Church, Synegogue or Rectory 8. School public or private 9. Electric Transmission lines and sub stations (0. (NTE-(o0. Itegammle4Kei C o) SECTION 16. 1 HEIGHT REGULATIONS No building shall exceed Fifty (50) feet, except cooling towers, roof gables, chimneys, vent stacks or mechanical equipment rooms may project, not to exceed twelve (12) feet beyond maximum building height SECTION 16.3 AREA REGULATIONS 1 . Size of Yards: a. Front Yard: Minimum required setback, twenty- five (25) feet measured from front property line. Accessory buildings shall have a sixty (60) foot front yard. b. Side Yard: (Adjacent to a street or different use property line) ; minimum required, ten (10) feet. c. Rear Yard: A dedicated alley or private drive shall be required behind each lot or tract and the minimum rear yard setback shall be twenty (20) feet for any building or structure. When an alley is not required, a masonry or wo• • wall of a minimum height of six (6) LW, shall be constructed adjacent to the rear property line to provide a barrier between the adjoining use. d. Special Side or Rear Yard Requirement: When a non-residential zoned lot or tract abuts upon a zoning district boundary line dividing the lot or tract from a residentially zoned lot or tract, a minimum side yard of ten (10) feet shall be provided on the non-residential property. A masonry or wood wall having a minimum height of six (6) feet above the average grade of the residential property shall be constructed on the non-residential property adjacent to the common side (or rear) property line. 2 . Size Of Lot: a. Lot Area: None b. Lot Width: None c. Lot Depth: None 3 . Lot Coverage: In no case shall more than forty-five percent (45%) of the lot area be covered by buildings. SECTION 16-4 PARKING REGULATIONS: Off-street parking and loading shall be provided as set forth in Section 23 SECTION 3 The new Section 17-1 is amended to read as follows : A building or premise shall be used only for the following purposes: 1 . Any use permitted in an "0" district and the balance of the section to be re-numbered, so that the numbers run in chronological order. PENALTY FOR VIOLATIONS: Any person or corporation violating any of the provisions of this ordinance, shall upon conviction, be fined an amount not to exceed the maximum established by State law,and each and. every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. In addition to the said penalty provided for the right is hereby conferred and extended upon any property owner owning property in any district , where such property owner may be affected or invaded , by a violation of the terms of the ordinance, to bring suit in such court or courts having jurisdiction thereof and obtain such remedies as may be available at law and equity in the protection of the rights of such property owners. VALIDITY : If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional , by a court of competent jurisdiction, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional . PUBLICATION: The caption of this ordinance shall be published one time in a newspaper of general circulation. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CIY DAYOF OF WYLIE, COLLIN COUNTY, TEXAS ON THIS THE , 1990. Join W. Akin, Mayor ATTEST: Carolyn Jones, City Secretary