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12-18-1989 (Planning & Zoning) Agenda Packet DATE POSTED 12-15-89 TIME POSTED 9:00 P.M. AGENDA REGULAR MEETING OF PLANNING AND ZONING COMMISSION CITY OF WYLIE, TEXAS MONDAY DECEMBER 18, 1989 7: 00 PM COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HWY. 78 NORTH CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 5 Consider approval of Minutes of November 20, 1989 Meeting Presentation by representative from Freeman-Mi l l i can Engineering Firm concerning the process and enactment of Capital Recovery Program Discussion of possible amendments to Zoning Ordinance concerning Permitted Uses 4 General Discussion 5 Adjourn PLANNING AND ZONING MEETING MINUTES NOVEMBER 20, 1989 The Planning and Zoning Commission met in regular session on Monday, November 20, 1989, 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 Dart Peddicord, Cecelia Wood, Bob Sk:ipwith, Bobby Jennings, Jim Ferguson and Richard Eckman. Staff members present were City Engineer Ron -Homeyer and Secretary Sandy Stevens. Chairman Brian Chaney called the meeting to order. CONSIDER APPROVAL OF THE _. MINUTES OF.. THEOCTOBER 14.,_ 1989 MEETING. Ms. Wood said that the word "was" should be added to the last sentence on the third page so it reads "Mr. Jennings said the joint meeting last week dragged due to the fact the P&Z was not directly involved. " Ms. Wood also said the word "a" should be added to and the last three words omitted from the second paragraph on the fourth page so it reads "Mr. Ferguson welcomed Mr. Eckman. Also repeated Mr. Jennings comments about prior meeting and expressed a desire to take personal campaign of landscaping to Chamber of Commerce and Mr. Faires. " Ms. Wood stated that the word "and" should be changed on the fourth page, sixth paragraph, last sentence, to read "Mr. Faires assured Mr. Houser that he would locate company, if still in existence, and notify each property owner of who to talk to to ask for release since no longer in use. " Mr. Chaney asked for a motion to approve the minutes with the above corrections. Mr. Ferguson made the motion. Ms. Wood seconded the motion. The motion was carried with all in favor. CONDUCT PUBLIC HEARING ON THE REQUEST FROM MR. MELVIN ST. JOHN .FOR RE ZONING 30,000FEET OUT OF A 1 . 97 ACRE TRACT, OUT OF ABSTRACT .',... TRACT 29 FROM SF? TO BUSINESS 1 (LOCATED ON THE SOUTHEAST CORNER OF BALLARD AND STONE ROAD) . Mr. Chaney said that twentyfive letters were mailed out, six responded, four for, one against and one unmarked. Mr. Chaney opened the public hearing by asking for anyone wishing to speak in favor of the rezoning to come forward. Mr. Bob McCraw stated that he owns and operates several convenience store/gas stations called Quik: Check. The company' s home location is Bonham, Texas. He said he wishes to buy the property and open one at that location. He stated the businesses are nice, clean stores with an operator present, not an absentee operator. He said they are Exxon and Phillips distributors and would probably open an Exxon here. Mr. Skipwith asked how many other people are involved the in company. Mr. McCraw replied he is the principal owner with a partner, Doyce Taylor, and has about 125 employees. They operate about 16 retail stores. Ms. Wood asked if he is currently the owner of the property. Mr. McCraw said he is not, but has a contract to buy it if it is rezoned. Mr. Skipwith questioned how much of the property is he buying. Mr. McCraw stated he is only buying 30, 000 square feet on the western portion of the corner. Mr. Melvin St. John stated that he is the current owner of the property. He said he' s only asking for the 30, 000 square feet to be rezoned, leaving the rest of the property zoned residential . Mr. Peddicord asked how many feet are actually on Stone Road. Mr. St. John replied that 500 feet are on Stone Road. Mr. Skipwith asked how deep the parcel is from north to south. Mr. St . John stated it is 140 feet deep. Mr. Homeyer said it would be 140 feet deep and 625 frontage on Stone Road after scaling it on a map. He stated it would be almost the center of Lot 7 Block 3 on Duncan Way. Ms. Wood asked Mr. St . John how long he had owned the property and how it was zoned when he bought it. Mr. St. John replied it was acreage when he bought it in 1966. Mr. Homeyer clarified it was unzoned agicultural land at the time of purchase. Mr. Chaney asked for anyone wishing to speak against the item to come forward. Mr. Larry Gooch stated that he lives at 203 Duncan Way. He said he is against anything other than single family dwellings on the whole strip. He said he has his neighbors, Turners and Boyds, permission to speak on their behalf when he expresses all of their concern over light and noise pollution, safety hazards, future resale of their homes, delivery trucks in area and drainage problems. He also showed concern over losing the privacy of his personal home and neighborhood to patrons of a business located nearby. Mr. Skipwith asked Mr. Gooch which lot he lives on. Mr. Gooch replied he lives on Lot 5. Mr. Jennings inquired if any of the neighbors who oppose the rezoning were present. Mr. Gooch said that Mrs. Turner was present. Mr. Skipwith asked if the neighbor, Mr. Boyd, is A. D. Boyd. Mr. Gooch explained that the neighbor is A. D. Boyd' s son. He added that these three families, Turner' s, Boyd' s and his own, would be the most affected by this business. CONSIDER RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF THE RE-ZONING OF 3Os000. FEET___OUT__OF-__.A__1. 97___ACRE__TRACT__OUT__OF ABSTRACT 23, TRACT 29 FROM SF TO BUSINESS 1_ (LOCATED -ON THE SOUTHEAST CORNER OF BALLARD AND STONE ROAD) . Mr. Chaney states that the request being made meets the criteria for a cluster zoning which has been structured in the past . He also stated that they try to provide a system of buffers. Mr% C':hAnt:'' ', pp1l . k. ti`ti '., A p .@Citi l ' ;+�..-. wot e:1Jning whfth it described as a large section of residential mixed with a heavy industrial use that doesn' t belong. He stated that two of the corners are retail zoned and another is an existing SF3 home. He added that if the property is rezoned to B1 , the other corner owners that are Retail zoned can in the future request B1 and have potential lawsuit if denied. Mr. Ferguson asked for a clarification of zoning of the adjacent corners. Mr. Chaney explained that Lot 31 of the southwest corner is zoned Retail and abutts to the zero lot line planned unit development, Lot 29 of the northeast corner of Stone and Ballard is zoned Retail , Lots 7 and 8 of the northwest corner are SF3 zoned. Mr. Peddicord questioned what is located to the south of the corner and if it is rezoned B1 would an opaque fence be required. Mr. Chaney answered that the Church of Christ and school property are located at that location. Mr. Homeyer added that a six foot opaque fence would be necessary along the south and east sides. Mr. Skipwith asked if plat showed a 15 foot wide alley. Mr. Chaney verified that it did. Mr. Ferguson expressed concern over increase in traffic, large trucks, in area with schools. Ms. Wood added from the Zoning Ordinance book that it says the zoning regulations are set up for the health, safety, morals and general welfare of the city. Also she quoted the book as saying the retail standards are designed to permit a compatible relationship between the retail development and adjacent residential areas, which she points out the main idea is compatibilty. Ms. Wood stated that the book: also says that B1 uses consists of services which are generally not compatible with uses in the retail district ; thereby reasoning that if they are not compatible with retail then they probably are not compatible with residential . Mr . Ferguson asked Mr. Homeyer to address the possibility of the area' s streets handling the increase of traffic and trucks. Mr. Homeyer pointed out that all streets directly involved are designated truck routes. Mr. Chaney made a request for motion to go before City Council . Mr. Jennings made a motion to deny recommendation to City Council . Mr. Peddicord seconded the motion. The motion carried with all in favor. GENERAL DISCUSSION. Mr. Eckman suggested including a flyer in water bills to better educate the public about laws concerning abandoned cars. Mr. Peddicord said it is presently being worked on and has been discussed previously during council meetings. Ms. Wood commented on the poor quality of the copies of the last meeting' s minutes, advising they were difficult to read. She also asked Mr. Homeyer about a newspaper article printed in the Dallas Morning News on October 21 , 1989, section G, page 3, which was concerning city expenditure this year on studies to develop comprehensive zoning ordinance and a fee schedule for developers. Mr. Homeyer- answered that the reference made by the newspaper report is that the city is required to go through a particular procedure by which they can justify and enforce and require the payment of an impact fee. He added that our city has until June 1 , 1990 to have study completed and fees substantiated by study or the collection of any fees are subject to contest and possibly having to refund any fees that have been paid. Mr. Chaney explained that the Emergency Management Plan is being worked on and that he believes the more simple and straightforward the plan, the easier it will be to take into action and get everyone involved. Mr. Peddicord asked for anyone' s help or suggestions on cleaning the Lake Lavon areas with the Corps of Engineer. Mr. Ferguson offered a proposed landscape ordinance to Mr. Homeyer to look through and pass on to Mr. Faires. He said he would like Mr. Faires' input on it at the next meeting and then give it to the Chamber of Commerce. Mr. Sk:ipwith stated he was glad that the Committee was 100 and present . He expressed concern over the woodpile and nursery items stored at the corner of Stone and Ballard Streets. Mr. Skipwith also commented on the cars constantly being worked on at the house across from Hartman Elementary. Mr. Chaney asked for a motion to adjourn. Mr. Peddicord made a motion to adjourn the meeting. Mr. Ferguson seconded it. Motion to adjourn carried with all in favor. Brian Chaney Chairman Respectfully Submitted, Sandy Stevens, Secretary