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04-16-1990 (Planning & Zoning) Agenda Packet DATE POSTED P0SIDD 4-13-90 TIME POSTED 11:45 A.M. AGENDA REGULAR MEETING OF PLANNING AND ZONING COMMISSION CITY OF WYLIE, TEXAS MONDAY, APRIL 16, 1990 7: 00 PM COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HWY. 78 NORTH CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS Consider approval of Minutes of April 2, 1990 Meeting 2 7 - 8 Conduct PUBLIC HEARING on rezoning 301 N. Ballard, Lots 13, 14 and 15, Block 3 of the Brown and Burns Addition from Single Family to Retail 3 ------ Consider recommendation to City Council for approval of rezoning 301 N. Ballard, Lots 13, 14 and 15, Block 3 of the Brown and Burns Addition from Single Family to Retail 4 ------ General Discussion 5 ------ Adjourn ' . , PLANNING AND ZONING MEETING MINUTES APRIL 2, 1990 The Planning and Zoning Commission met in regular session on Monday, April 2, 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. Members present were Chairman Brian Chaney, Vice Chairman Bart Peddicord, Cecelia Wood, Bob Skipwith, Jim Ferguson, Bobby Jennings and Richard Eckman. Staff members present were Code Enforcement Officer Roy Faires and Secretary Sandy Stevens. Chairman Brian Chaney called the meeting to order. CONSIDER APPROyAL_OF_MINUTES OF THE MARCH 19, 1990 MEETING Mr. Ferguson stated that the second-sentence in the fifth Paragraph on page 5 should read, "Mr. Faires answered that it was not" . Ms. Wood stated that on page 49 the fourth line down should read, "Ms. Smith said that she did not want her home to be made commercial , that this was the old part of town and it should be left as residential " . Ms. Wood also corrected the word mob to mauve and their to there in the fourth paragraph on page 6. The corrected sentence would read, "She stated that she had no problem with the property being used as described but if the zoning was changed to B-1 , we could have Morris' Mauve Motorcycle Shop in there next week and we could not do anything about it" . Mr. Ferguson asked that the second paragraph on page 9 be clarified to read, "We may be able to look at exempting the downtown area from certain ordinances" . Mr . Faires added in further conjunction to Mr. Ferguson' s comment that we can move from a more restrictive classification into a less restrictive classification without following the notification procedures. He also said that a new classification may be established as long as no one is deprived of any existing property rights. Mr. Skipwith made a motion to approve the minutes with the above corrections. Mr. Jennings seconded the motion. The motion was carried with all in favor. CONDUCT PUBLIC HEARING ON A REPLAT OF LOTS 10 & 11� BLOCK B STONE GROVE PHASE IIN INTO ONE LOT Chairman Chaney . y explained that this has happened before due to the fact that it was the developers' original I-' idea that people wanted small lots with big houses and did a very exclusive planned un:i t development with h 1 arge (- 1 Fi much r homes tha.ri required by highest t <s currently our hi ^hest zoning. r. � H.= added that it didn' t do well and the ban!.:: r'ecieved it Gael: and now people are buying two lots and making them into one or four oa - lots and making them into three. Faires added that this hearinc was necessary due to the subdivision being platted residential within the last C years. He stated that in the event it was older than 5 years a public hearing would not be required, but it would be just a normal r-eplat. situation. Mr. Faires said that iT letters were mailed. Out of the three letters returned, all were in favor. No one was present to speak for or against the item so Chairman Chaney closed the Public Hearing. CONSIDER RECOMMENDATION FOR APPROVAL TO CITY COUNCIL OF REE'LAT OF LOTS 10 & 11,. BLOCK B, STONE GROVE PHASEII, INTO ONE LOT. Chairman Chaney asked if the two lots have two sewer, water and gas services and if so, who would be responsible to cap them? Mr. Faires answered that they are already capped. He added that the people are pleased with two taps, using one for their sprinkler system. He also added that it is Lone Star Gas' responsibility to remove the gas rider. Mr. Skipwith said he has no problem with converting two lots into one because it helps the city and the subdivision by having larger lots. Mr. Skipwith made a recommendation for approval to the City Council to rep, at Lots 10 & 1 1 q Block B, Stone Grove Phase II , into one lot . Mr. Eckman seconded the recommendation. Motion with passed all members� mb er in favor. CONSIDER RECOMMENDATION FOR APPROVAL TO CITY COUNCIL ON PRELIMINARY PLAT FOR MARTINEZ ADDITION LOCATED AT SOUTHWEST CORNER OF KIRBY AND HIGHWAY 78, KNOWN AS 4. 817 ACRES OUT OF E. C. DAVIDSON SURVEY, ABSTRACT 267. Mr. Faires explained that this property previouslyhad a service station on it and is being replotted to provide a location for Eckerds. He added that Mr. Homeyer reviewed the plat before leaving and gave it his approval . 2 , ` Chairman Chaney asked if it were possible to get reduced copies of plats in the future. Mr. Faires said we have tried but do not have a machine to reduce this size plat . Mr. Skipwith asked if access would be available off Highway 78. Mr. Faires replied that there is a private drive off Kirby that will not be dedicated to the city, but will have a utility easement on it. Mr. Skipwith asked if this would be for public use, even though not dedicated to the city Mr. Faires answered that it would be for public use and ^ access to utilities. Chairman Chaney asked which lot was planned for Eckerd Drugs, what the other lots are planned for and what the current zoning is. The surveyor for Mr. Martinez said Lot 4 is planned for Eckerds. Mr. Faires said the zoning is B-2. Mr. Harry Carroll introduced himself as Mr. Martinez ' surveyor. He replied that Lot 2 will most likely be a service station and the others would be for service type businesses having very little traffic and not needing frontage on the highway. Vice Chairman Peddicord asked what the frontage on Lot 4 is Mr. Carroll answered it is 125 feet wide. ^ Chairman Chaney asked the width of the private drive Mr. Carroll said it is 10 feet plus 10 feet now existing for ^ Mardi Gras, Chairman Chaney asked if they were planning t" ' put in pavement. Mr. Carroll said not at this time. '' Ms. Wood asked the width of the access easement. Mr. Carroll said it is 30 feet coming out of Brookshires and 25 feet adjacent to the highway. Vice Chairman Peddicord asked if it is the staff ' s recommendation to approve this. Mr. Faires replied yes. Mr. Skipwith inquired if Eckerds develops first, do they have to put in access easement for their property and others. Mr. Faires answered yes, it is all part of the present improvement. Mr . Skipwith questioned if they are not required to put additional 10' alley between Mardi Gras and Kirby at this time. Mr . Faires replied no, because it would be unfair to make them pave their half and leave the other half dirt, but if the city ever did decide to pave it there would be an assessment. He added that if a business went in that needed alley access, the business would probably pave it at that time as part of its development. Chairman Chaney asked if the water and sewer lines fit in with capital improvement. Mr. Faires assured him that Mr. Homeyer checked plans before he left town and recommended approval . ~ ` ` Mr. Ferguson made motion for recommendation for approval to City Council on Preliminary Plat for Martinez Addition located at southwest corner of Kirby and Highway 78 Vice Chairman Peddicord seconded the motion. The motion carried with all in favor. CONDUCT_PUBLIC HEARING_ON TWO ACRE TRACT OF LAND_LOCATED IN THE FRANCISCO DE LA PINA SURVEY ABSTRACT-- � [ 88,BEING REZONED FROM B-1 TO B-2 (COMMONLY KNOWN A� W - - - _ _ _ m b WyLIE JUNCTION ON HWY 78No_REQUESTED__By_RICHARD -ARKER>. Mr. Faires explained that Mr. Parker came to the office to discussthe p ^ He said they agreed it would make the e rezoning^ e property more compatible with what is presently in the area. Mr. Faires added that 4 letters were mailed out and none returned. Chairman Chaney asked what the land use plan is. Mr. Faires replied it is B-1 , with B-1 in Dove Meadows, also B-� across the street at the tractor sales, and agricultural use backs up to it. He added that after reviewing this quite extensively the staff feels that this would be abetter zoning for this piece of property. Mr. Skipwith asked what could be put on B-2 that isn' t allowed on B-1 . Mr. Faires said B-2 can have outside sales and B-1 has limited outside storage, but no outside sales. Ms. Wood asked how close it is to the closest residence Mr. Faires replied 500-700 yards in Wylie Ranch East. ^ ^ Mr. Skipwith inquired what control the city has over outside sales, as far as upkeep. Mr. Faires replied there is a common description of nuisance and littering and if something becomes an obvious nuisance you have a great deal of control over it. Chairman Chaney asked what the time frame is for the capital inprovements survey. Mr. Faires said it will come before us in 3 - 4 months. Chairman Chaney asked if the survey would watch for spot zoning, such as Industrial in Residential Mr. Faires assured him they would. ^ Mr. Richard Parker introduced himself , saying he is asking for the B-2 from B-1 zone change because it would help him economically by allowing him to lease part of it to John Deere Tractor (with outside sales) . There being no one present to speak against the item Chairman Chaney closed the Public Hearing. ' CONSIDER RECOMMENDATION FOR APPROVAL TO CITY COUNCIL FOR TWO ACRE TRACT OF LAND LOCATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT _ 688, BEING REZONED FROM B-1 �TO B-2 ____ _ ' iCOMMONLY_K _AS WyLIE JUNCTION ON HWY 78N REQUESTED_By RICHARD_PARKER}~ - Ms. Wood commented that �he thought we were going to get away from strip zoning. Chairman -air -a- Chaney said that Hwys. 544 and 78 were started a long time '' added that the long strips of Industrial al g H me ago. He along Hwy- 544 was planned where they could have good Industrial ' 'or~ heavier traffic. Mr. Faires added that the strip is already there we are just changing the zoning. ' Mr. Jennings made a motion to recommend approval to City Council for the two acre tract of land to be rezoned from B- 1 to B-2. Ms. Wood seconded the motion. Motion carried with all members in favor . DISCUSSION, Vice Chairman Peddicord commented that he was glad to receive the Emergency Procedure Manuals and has gone through all of them. He stated that he feels we need to attempt to put them into programs. Mr. Jennings stated that on the southwest corner of Stone Rd. and Ballard St. , the person, who does not run a business selling firewood out of his home, is now storing firewood on a trailer with other pieces waiting to be cut up. Mr. Faires said that this person paid a fine about two years ago for selling firewood at that location and since has been very careful . Mr. Jennings asked if he owns the property. Mr. Faires replied that he leases it from A. D. Boyd. ^ ^ Mr . Jennings also asked if Chub Morrow has to put up a fence around his new location. Mr. Faires assured him he does have to put up a 6 foot fence by state law. Mr. Jennings questioned creating a new zoning classification for professional office buildings. Mr. Faires said it can be done by putting it on an agenda by request of this board Mr. Jennings said he feels it is a very good idea and very ^ viable solution to a lot of problems. Mr. Faires explained it would be a new zoning classification inserted between Multi-Family and Retail , entitled Professional Offices He ' " added that this would not effect any present zoning ^ nl ' future applications. Chairman Chaney asked if the board wants the staff to work on this. All members of the board agreed that it is a good idea. ~ Mr. Faires stated that we did include a great deal of information in the packets this time on Emergency Management and he would like everyone to review it thoroughly before discussing it. Chairman Chaney asked if when taking votes, everyone prefers to raise hands, say "aye" or take polls. Ms. Wood commented however is decided, it needs to be consistent. Members agreed on raising hands. ' ADJOURN. Ms. Wood made a motion for adjournment Vic Chairman Peddicord seconded the motion. Motion carri ^ d wite all in favor. � n ---- APPLICATION TO 111 Board of Adjustment and Appeals (Building) ORDINANCE 83-15 . Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5 171 Planning and Zoning Commission ORDINANCE 81-5 ' NAME 1 13:im���/'Jl=�, Lcid El'�lI �'�✓S ADDRESS 301 M. ?Ucr( • LOT 13) ) \S- BLOCK , .� SUBDIVISION 1>rou7n E0r/S Apt-kon BASIS OF APPLICATION: Interpretation jSpecial exception for use or development I Variance Rezoning Exception to Building Code • EXPLANATION: j 3F -iv.46e--6/1 ,f2r 1? �� Q ic/7el S 12Cc /thczy e • • SIGNITURE of APPLICANT• �.., DATE . 5 Must be accompanied by filing fee, of' $/CO, o� • • Received: Date: 3-2. _re, • • CODE ENF EMENT OFFICER — 31 17 10 38 I •••• •;• •. 30 16 9 2 • 0 ti r=• •~• 29 3 15 I 8 ss•• ti w _ 6 3 37 Cr .• 2 8 14 1-- 7 4 - ' ••• • (11 NI 13 6 5 • • STR1g;s JEFFERSON • • • •. 12 36 ti.�..• �_ 11 10 I '• r 0 25 10 9 9 0 2 6 1 24 8 8 I--- Ni EEEEEEEEEEJ 3 35 • • .••• •• r 5 7 4 • • ..01.. 2 4 • 3 6 5 STREET 1131 0 le 34 21 Q s • 20 1 J I •• 1 1 •. • , •• 15 •:.•�.• • I to 17 •• 16 • . . ••� ••'• 2 2 • ; �•••• ••• • 15 r••••� ••r Z ••• 4•' • 3 14 / o . 1 18 3 •. •f to •• •• 4 1 11 13 ►.• 3 V 13 0 5 11 Q 12 4 ') 6 11 4 12 7 10 8 9 5 5 it 9 8 10 6 7 STREET OAK I i r" 1 if 2 ,