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01-04-1989 (Planning & Zoning) Agenda Packet DATE POSTED 12-30-88 TIME POSTED 3:30 P.M. AGENDA PLANNING AND ZONING COMMISSION MEETING CITY OF WYLIE WEDNESDAY, JANUARY 4, 1989 7:00 P.M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1-6 Consider approval of minutes for November 21 , 1988 meeting December 5, 1988 meeting December 19, 1988 meeting 2 7-8 Conduct Public Hearing on an amendment to the Zoning Ordinance No. 85-23A, Section 17 - by adding under Specific Use Section Item 9 - Outside sales of feed and seed in conjuntion with a feed and seed store. --- Consider recommendation to City Council on Amendment to the Zoning Ordinance - by adding under Specific Use Section - Item 9 - Outside sales of feed and seed in conjuntion with a feed and seed store. 4 Oral Discussion of the Master Land Use Plan 5 Oral General Discussion 6 Adjourn DATE POSTED 12-30-88 TIME POSTED 11:30 A. M. AGENDA PLANNING AND ZONING COMMISSION MEETING CITY OF WYLIE MONDAY, JANUARY 4, 1989 7:00 P.M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1-6 Consider approval of minutes for November 21 , 1988 meeting December 1988 meeting December 19, 1988 meeting 2 7-8 Conduct Public Hearing on an amendment to the Zoning Ordinance No. 85-23A, Section 17 - by adding under Specific Use Section Item 9 - Outside sales of feed and seed in conjuntion with a feed and seed store. --- Consider recommendation to City Council on Amendment to the Zoning Ordinance - by adding under Specific Use Section - Item 9 - Outside sales of feed and seed in conjuntion with a feed and seed store. 4 Oral Discussion of the Master Land Use Plan 5 Oral General Discussion 6 Adjourn PLANNING AND ZONING MEETING MINUTES NOVEMBER 21, 1988 The Planning and Zoning Commission met in regular session on Monday, November 21 , 1988 , 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, Ron Jeffries , Marty Stovall , Bart Peddicord , Cecelia Wood , and Bob Skipwith. Staff members present were City Manager John Pitstick, Code Enforcement Officer Roy Faires, Assistant City Engineer Ron Homeyer , and Secretaries Candi White and Francis Varnell . Chairman Brian Chaney called the meeting to order . CONSIDER RECOMMENDATION TO THE CITY COUNCIL IN REGARDS TO THE REQUEST OF SINGLETARY AND BECKHAM TO RELINQUISH EXTRA TERRITORIAL JURISDICTION ON 104 .67 ACRES LOCATED OUT OF THE SD TERRY SURVEY ABSTRACT 890 IN COLLIN COUNTY TEXAS (BRANCH PENINSULA) . City Manager John Pitstick explained that the City of Wylie had annexed a major portion of Lavon lake and the above-mentioned property was located underneath the water tower near Branch, in the Wylie ETJ , in which subdivision standards were enforced. Mr. Pitstick said that there wasn' t a city close to release the property to, and staff had concerns regarding subdivision standards in case the City were to annex the property in the future . Mr . Jeffries questioned the reason for the release of ETJ being presented to Planning and Zoning , when the ETJ was obtained through council action. City Manager John Pitstick explained that staff wanted to present anything to do with planning and zoning to the Commission, even though they did not have any permanent ruling , as Council would like to hear the recommendation of the Commission. Code Enforcement Officer Roy Faires , explained that the original annexation process for the particular area in question , had been recommended by a previous Planning and Zoning Commission to establish control . Chairman Chaney said that some of the major concerns of a previous Planning and Zoning Commission were the parks at Lake Lavon being under city control , and the Branch Peninsula fell into the area when the lake was annexed . Mr . Jeffries felt that the Commission should possibly consider a zoning for acreage or ranchette situations that would allow septic systems and address other problems in the subdivision regulations that might not be appropriate for acreage subdivisions . City Manager John Pitstick explained that zoning could not be enforced outside the city limits , but the City could amend the subdivision standards specifically for the ETJ . Chairman Chaney felt there might be a problem with ETJ that falls within 1/4 mile of city limits and ETJ like this one that would be difficult to ever service, but Wylie wants to protect for another city ' s benefit . Mr . Pitstick said that the City of Wylie had brought the property under control , and he felt the City needed to protect the area whether it was ever annexed or not . Mr . Skipwith was interested to know what the County ' s subdivision standards were, as he was under the impression they were fairly lax . Mr . Bill Nelson , Engineer , approached the Commission and told them they were just trying to find a way to develop the property in an orderly fashion . He also explained that Mr . Beckham, the owner of the property, was planning to subdivide the property into one acre tracts and use county specifications. Mr . Nelson told the Commission he felt that Mr . Beckham' s plans could be achieved in one of two ways ; ask the City to write an ordinance allowing the development , or ask the City to exclude the property from the ETJ . Ms . Wood said that in prior months , a gentleman approached the Planning and Zoning Commission and requested approval to subdivide his 10 or 15 acres , at which time the Commission felt it should be done according to city specifications . She also said that the Council denied him any leeway in that respect , and asked Mr . Nelson why he or Mr . Beckham felt they should be treated any differently. Mr . Nelson said that Mr . Beckham' s property was located on the Northern extremity, and therefore, would be very difficult for the City of Wylie to ever provide water , sewer , and police protection . Mr . Skipwith asked if there were any deed restrictions regarding what would be built on the property. Mr . Nelson said there would be modular homes on the property, but no mobile homes . Chairman Chaney summarized the discussion by saying if the City of Wylie didn' t release the ETJ in question, an amendment to the subdivision ordinance must be written for ETJ, or otherwise they must follow current standards . Mr . Jeffries explained that one of the reasons he mentioned amending the standards for ETJ was specifically septic system situations . City Manager John Pitstick said the City could not require sewer lines , and he felt the streets would be a major concern. Mr . C.T. Beckham, owner of the property, told the Commission he felt that the property being in the ETJ was a mistake by the contour of the land, as it was located so far north and was so remote. He also said that developers and builders must follow very strict county specifications . Mr . Beckham continued , saying that the Council feels there is an extra amount of land in Wylie and that the arms have reached beyond what could be serviced . He said if subdivision ordinances are cast on ETJ, the ETJ should be annexed into the city and he didn ' t think Council wanted that . Mr . Beckham said that Culleoka Water Supply system makes sure the water supply is good, and didn ' t feel that Wylie wanted to tell Culleoka what to do with their water system. He felt very strongly that ETJ was designed to be annexed at some point and that his property was too remote to annex and provide all services . Chairman Chaney said he did not think the City should relinquish the property, but should look at the possibility of amending the subdivision ordinance for ETJ . A motion was made by Mr . Jeffries to deny recommendation to Council to relinquish ETJ on 104 .67 acres located out of the SD Terry Survey Abstract 890 in Collin County, Texas . The motion was seconded by Mr . Peddicord . The motion carried with all in favor . GENERAL DISCUSSION . Mr . Jeffries said there were several things to be considered when amending the subdivision ordinance, but it might be premature until the Commission could see the County' s standards. City Manager , John Pitstick, agreed with Mr . Jeffries, as he felt the Commission would continue to see plats for property in the ETJ . Chairman Chaney asked that staff obtain a copy of the County' s standards , and put an item on the agenda to review and make recommendations to Council for changes in the ordinance for ETJ. Mr . Peddicord told the Commission that he had taken a copy of the landscape ordinance, which had been presented by the Park Board , to the Chamber of Commerce, but had not received a written report . He did say though, that he had gotten a verbal report , and the Chamber was of the same opinion that the proposal was unworkable and would cause a hardship on businesses locating in Wylie . Mr . Peddicord added that the Chamber was opposed verbally, but he would bring a written report as soon as he received it . Mr . Skipwith expressed his concern with enforcing such strict codes on properties so far out of Wylie city limits , as the property owners have money invested and he was hesitant about Wylie holding up those areas . He also felt that some exceptions might need to be made after looking at the County ' s standards . There being no further business , a motion was made to adjourn with all in favor . Brian Chaney, Chairman Respectfully submitted , Candi White, Secretary PLANNING AND ZONING MEETING MINUTES DECEMBER 5, 1988 The Planning and Zoning Commission of the City of Wylie met in regular session on Monday, December 5, 1986 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, Board members Cecelia Wood, Bob Skipworth` Ron Jeffries and elect member Steve Wright. Staff members present were Code Enforcement Officer Roy Faires' Secretary Francis Varnell . Vice-Chairman Bart Peddicord and Marty Stovall were absent. Chairman Brian Chaney called the meeting to order. APPROVAL OF MINUTES: Brian Chaney made a correction of the minutes of November 7, 1988 meeting as follows: first page, first paragraph he changed the seventh line to read Marty Stovall , in lieu of Mary Stovall . Brian Chaney also corrected third paragraph he changed the fourth line to read Jim Caton, who was given a specific use permit. Even though this was incorrect, it is not determinable because tapes of this meeting were blank. Cecelia Wood made a motion to accept the minutes as corrected. Seconded by Rom Jeffries. The motion carried with all in favor. DISCUSSION OF THE MASTER LAND USE PLAN. Code Enforcement Officer Roy Faires questioned if they wished to continue to explore the vague presentation that has been presented over the last several months. "We think we would like to have single families of some kind''. Brian Chaney asked are we going to specify more than single families in the areas like before. Mr. Faires questioned do we want to continue broad term land use, or forget that program and use the existing specific one. Cecelia Wood also stated that she would like to see a review of the existing Master Land Use Plan. PRESENTATION OF COLLXN COUNTY SUBDIVISION REGULATION. After discussion it was decided to review and have further discussions at a future meeting. GENERAL DISCUSSION. There were several questions concerning tax suits, regional waste water proposal , work being performed by the city and questions about additional grocery stores or Walmarts coming to town. also questions concerning ETJ 's and their significance. Mr. Faires answered most of them and presented a long description of zoning and its application also subdivision and its application. Brian Chaney, Chairman Respectfully submitted, Francis Varnell , Secretary PLANNING AND ZONING MEETING MINUTES DECEMBER 19, 1988 The Planning and Zoning Commission of the City of Wylie met in regular session on Monday, December 19, 1988 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, Vice-Chairman Bart Peddicord, Board members Cecelia Wood, Bob Skipworth, Ron Jeffries, Marty Stovall , and Steve Wright. Staff members present were Code Enforcement Officer Roy Faires and Secretary Francis Varnell . Chairman Brian Chaney called the meeting to order. OATH OF OFFICE TO NEW BOARD MEMBER: Oath of Office was given to new Board Member Steve Wright by City Secretary Carolyn Jones. CONSIDER REQUEST FOR APPLICATION OF NEW ORDINANCE-TO 58R BLOCK E. Mr. Faires read the context of the new ordinance concerning perimeter street fees and suggested that the commission recommend to the City Council the application of this ordinance to this particular subdivision. The motion was made by Bob Skipwor'th to recommend to the City Council that the amended ordinance should apply to this subdivision. Seconded by Bart Peddicord. The motion carried with all in favor. Vice-Chairman Bart Peddicord presented a letter from the Chamber of Commerce expressing their opposition to the proposed landscape ordinance. ADJOURN There being no further business, the motion was made to adjourn all in favor. Brian Chaney, Chairman Respectfully submitted, _ Francis VarneIl ~ Secretary ORD I NANCE NO. BEING AN ORDINANCE OF THE CITY OF WYLIE A HOME RULE SUBDIVISION OF THE STATE OF TEXAS AMENDING ORDINANCE #85- 23A. BY ADDING THERETO A NEW AND UNLISTED USE IN THE B-1 ZONE; PROVIDING FOR REPEALING CLAUSE, PROVIDING 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 CF WYLIE, COLLIN COUNTY, TEXAS THAT SECTION 1 : Ordinance 85-23a is hereby amended by adding a new listing in Section 17. 1 under the specific use permit division a new item 9 to read as follows. 9. Feed and seed store with outside sales. SECTION 2: REPEALING CLAUSE - 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: SEVERABILITY CLAUSE - Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjusted 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 decided to be invalid, illegal or unconstitutional and shall not affect the validity of the remaining portions of this ordinance. SECTION 4: PENALTY - Any person firm or corporation violating any of the provisions or terms of this ordinance shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500. 00) for each offense, and each day such violation shall continue to exist shall constitute a separate offense. SECTION 5: PUBLICATION CLAUSE - This ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THIS DAY OF , 1988. Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary