05-16-1988 (Planning & Zoning) Agenda Packet DATE POSTED 5-13-88
TIME POSTED 9:30 A. M.
AGENDA
PLANNING AND ZONING COMMISSION
MONDAY, MAY 16, 1988
7 :00 P. M. 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 May 2, 1988 meeting
2 6 - 7 Conduct Public Hearing on the
request of Wylie Landscape and
Exterminating Co. for a
Specific Use Permit to operate
a retail nursery with outside
sales in a Retail District
Lot 1 , Block 20, Railroad
Addition (located on Hwy. 78
in Procks' old building)
3 8 - 10 Consider approval of
recommendation to City Council
for Wylie Landscape and
Exterminating Co. to have a
Specific Use Permit to operate
a retail nursery with outside
sales in a Retail District
Lot 1, Block 20, Railroad
Addition (located on Hwy. 78
in Procks' old building)
4 Adjourn
PLANNING AND ZONING MEETING
MINUTES
MAY 2, 1988
The City of Wylie Planning and o ing Commission met in
regular session on Monday, May 1988 at 7:00 R. M. in the
Council Chambers of the Munici •al Complex. A Quorum was
present and notice of the meet ng had been posted in the
manner and time required by la . Those present were Brian
Chaney, Chairman, Board Mernbe Bob Skipwith, Marty Stovall,
Bart Peddico d and Cecelia Wo-ds, Secretary, Robin Belz,
code Enforce -nt Officer, Roy Faires, City Manager, John
Pitstick, Engi eer, Ron Homey -r. R. P. Miller and Ben
Scholz were abs-nt.
Chairman Chaney - 11ed the m -eting to order.
APPROVAL OF MINUTES The m nutes submitted for approval
were for the April 1 : , 1988 meeting. Chairman Chaney asked
if there were any cor ectio s to be made. Mrs. Wood stated
that the next to the 1 - st •-ragraph, next to the last
sentence, it was recomm=nd=d to the Council that it be
repealed not appealed. r Peddicord stated the sentence
ahead of that if the word ..rdinance was taken out the
sentence would make more s -nse. The last paragraph the
first sentence Mr. Peddic-r. stated that "the" should be
added to the sentence whe e r. Chaney stated that on the
first two plates he was c nc- ned about the easements and
exactly how they were gong to effect the builder. Then Mr.
Peddicord stated that Mr Fair-- responded with an answer
that "the easements had seen ci - ified". Mr. Chaney stated
that before the next se tence th- e was a question by he and
Cecelia that "there was concern about the Park being in the
flood plane", and then •o on with . e rest of the paragraph.
A motion was made by M . Peddicord t at the minutes be
accepted as corrected. Seconded by M . Stovall. The Motion
carried with all in f-vor.
CONDUCT PUBLIC HEARIN ON REQUEST FOR SP CIAL USE PERMIT FOR
FIRST BAPTIST CHURCH OR PORTABLE BUILD! Chairman Chaney
asked staff before o„ening the public hear'ng if there were
any mail-outs on thi - subject and if there ad been any
replies from cancer ed citizens. Mr. Pitsti k stated we had
received nothing bask from any concerned cite-ens at this
time that he was aw=re of. Mr. Chaney asked f there was
any additional comuents to made from the staff. Mr.
Pitstick stated th - only problem that staff had would be if
the request would only be two years and after th-t require
them to come back after that time. Mr. Skipwith asked if it
made any differe ce to staff or board whether it was used
for storage or educational purposes because he was under the
understanding that it was going to be gsed f • storage': Mr.
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Pitstick replied that the staff would lean against the use
for storage purposes. Mr. Chaney replied that there should
be stipulations put on it that it be used for educational
purposes only. Mrs. Wood stated that it has been the
churches history through the years that they have maintained
upkeep on most other dealings and agreements made with them.
Mr. Pitstick said his concern was someone else wanting to
come in and place a portable building at another location
and using it for other purposes and the staff didn' t want to
see this happen. Mr. Skipwith being a member of the church
said that there should be stipulations that if they wanted
to use it for anything other than educational or worship
purposes only and if they wanted to use it for other
purposes they needed to come back to the commission. Mr.
Stovall questioned that what if someone else wanted to do
this also. Mr. Pitstick replied that he felt that if it was
just kept with churches and schools for expansions that
there should not be any problems.
After discussion with the staff and Board Chairman Chaney
asked if there was anyone to speak for or against this item.
There was no citizen response. Mr. Chaney then closed
public hearing.
CONSIDER APPROVAL OF RECOMMENDATION TO CITY COUNCIL FOR
SPECIAL USE PERMIT FOR FIRST BAPTIST CHURCH: Mr. Chaney
asked if there was any discussion on this item and if not to
make a motion. Mr. Skipwith made a motion recommending
approval to Council with the specifications to use for
educational and worship purposes only, and only for a two
year period. Seconded by Mr. Peddicord. The motion passed
with all in favor.
CONSIDER APPROVAL OF RECOMMENDATION TO COUNCIL FOR A RE-
PLATE OF TRACT 5 OF BUTLER ESTATES: Mr. Pitstick stated
that the items were not common plates and were located
outside our City but are in our E. T. J. and we require
plating in our E. T. J. outside our city. Mr. Pitstick also
stated that it may be a while before it is brought into our
City. Staff stipulation that we have on this subject is
that if it is ever brought into the City it is recommended
that part of the motion be the road be brought up to
standards before accepted within the City. Mr. Chaney asked
if there was any more to be discussed on the item, there was
none. He sought a motion to be made. Mr. Peddicord made a
motion to recommend to Council of the re-plate of Tract S
Butler Estates with the stipulations of not accepting roads
because they do not meet existing city standards required.
Seconded by Mr. Stovall. The motion passed with all in
favor.
CONSIDER APPROVAL OF RECOMMENDATION TO CITY COUNCIL FOR
PRELIMINARY PLAT OF CANTERBURY HILLS: In general discussion
The staff stated that the biggest issues are the
subdivisions in our E. T. J. and this particular plat may not
be brought into the City for some time and is in our E. T. J.
and we feel we need to set some general guide lines down.
Mr. Skipwith asked if the City had any control on what can
be put on the lots. Mr. Pitstick replies that their is no
zoning control and that at this time plating is our only way
to control it.
The subject of water supply was brought up. The staff
stated that Eastfork Water Supply was supplying water to
that area. There is a 6" line which meets Eastfork
standards and it is able to handle the existing lots. Under
the City' s current subdivision regulations we require an 8"
line and if the lots were ever brought into the City, the
City would then require them at that time to be connected
with our water lines.
The sewer is at least a half a mile from City sewer lines
and the staff feels that this is too far away at this time
to tie in for the amount of lots we are discussing. Staff
requests that if they stay within at least 1 acre lots
septic tanks be accepted. But if it ever came into the
City and it was within reasonable distance to a sewer line
at that time the City would require that they hook up to the
sewer lines. Staff suggested that for these reasons being
at this time the water and the sewer be waived as long as
they were 1 acre lots and not close enough to tie in with
our sewer lines.
The particular road we are discussing is a collectors road.
Staff stated the road at this time is maintained by the
County staff is recommending that some improvement be made
on the road and be set at, at least 27' minimum requirements
with curbs and gutters and that the street will last at
least 20 years, due to the fact that when it is brought into
the city we don' t have to maintain it for some time. Mr.
Chaney had a concern on where to draw the line as far
enforcing our street ordinances. He stated he did not want
to regress back to asphalt streets. We have a lot of
asphalt roads now that need many repairs and he felt if it
was concrete it would have a longer life span. Mr.
Peddicord agreed. Mr. Pitstick stated that any street can
last long if it is built right, staff was just wanting
something that they would not have to have immediate
maintenance on. Mr. Cook the developer spoke and had an
argument on tearing up a road that was perfectly fine at
this time and he felt that it was a waste of money and time.
He stated it was money spent unnecessarily. Mrs. Wood
stated that due to the fact of the traffic on the road it
needed to be widened, if it has a 20 year life span and at
this time it is 14 years old it only has a life span of 6
years left. Mr. Cook' s argument was that it was maintained
by the county at this time and there is no definite time
when it will be corning into the City why make me tear it up,
•
when you just previously on the issue before this one
- -approved it. Mrs. Wood replied that, that was a completely
different situation. Mr. Chaney questioned Mr. Cook as to
14Tether-Tie-was tied to lots. Mr. Cook stated that it has
been taken to North Texas for septic tank purposes. Mr.
Chaney-stated to Mr. Cook in the future when the sewer was
available he could go with smaller lots so he felt Mr. Cook
was asking the City to ignore the ordinances. Mr. Cook
replied no not at all. I just feel the Ordinances ought to
be different outside of the City than inside. Mr. Stovall
asked if it was possible to leave it as existing with an
escrow account to help pay for the road later when it is in
the City . He stated that if the road is a good road he
would like to preserve it, but would like to see some
protection for the City. Mr. Cook was not opposed to this.
Most of the Board members are in favor of seeing the road
built now due to the fact it would cost builder the same
amount of money.
Mr. Torn Fritzcall at 400 E. Gaston spoke as citizen in Wylie
that has experience with both concrete and asphalt and in
his experience with asphalt there is constant maintenance
with asphalt. He does agree that a concrete road will last
20 years maintenance free only if it is built right.
Asphalt will last 20 years only with ongoing maintenance.
He stated that in his opinion if your going to buy a large
home with a large lot your not going to want to drive down a
road that has all kinds of pot holes in it to tear your yard
up. He stated that concrete would be best as far as the
City was concerned.
After some discussion Mr. Chaney asked if there were anymore
questions and if not that a motion be made. Mr. Chaney made
a motion to recommend to Council with the stipulations that
the Eastfork Water Supply be allowed to enforce their
standards. That since these are 1 acre minimum lots that
they not have to lay sewer lines and allow them to use
septic tanks. That the draw used for drainage be straighten
by Engineers. That the existing road be widened to 27' with
curbs and gutters with an asphalt street, and that the 37'
road be waived. Seconded by Mrs. Wood. The motion passed
with 4 in favor and 1 abstention by Mr. Skipwith.
GENERAL DISCUSSION: In the general discussion Mr. Chaney
suggested that they set up a meeting with City Council to
discuss some of the items talked about in meetings. He
stated that there was going to be new members on the Council
and that they needed to meet them. Mr. Chaney suggested
doing it on an odd Monday sometime.
Mr. Stovall mentioned that there was a street with a bad dip
in it on Douglas and when people drive down the road most of
the time they bottom out due to this, and was wondering if
we could do anything about it. He asked if someone could
look at records and see when street was inspected for
approval. Mr. Pitstick replied that in 1986 was when
standards were updated. Mr. Stovall asked that we look at
the records that show there was needed repairs at that time.
Mrs. Wood asked if there was anything that could be done
about the electricity company coming out and putting in T-
Poles and not covering the holes up. Mr. Pitstick replied
that they should be doing that and staff would check it out.
He stated that it should be grated back.
Mr. Peddicord stated he notice a number of pockets that are
not in the City Limits that need to be cleaned up, and
wanted to know what we could do about it or what can we
start to annex to be able to clean it up. Mr. Pitstick
replied that Council is working on filling those doughnut
holes right now. Mr. Chaney stated that, that would be a
good item to discuss at the meeting with Council.
Mrs. Wood asked if anytime anyone in our E. T. J. was
developing something did they have to come to us. Mr.
Faires stated that we could file a violation on them if they
don' t. Mr. Pitstick also replied stating if we see
development we can question it and have them bring it to
Council.
Mr. Skipwith asked about running a mechanics business in a
residential area. Mr. Faires replied that you would have to
prove it and it is very hard to do.
There being no other business a motion was made with all in
favor.
Brian Chaney, Chairman
Respectfully Submitted
Robin Belz, Secretary
•
APPLICATION
TO
1111 Board of Adjustment and Appeals (Building) ORDINANCE 83-15
III Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5
Planning and Zoning Commission ORDINANCE 81-5
NAME Gv 'G l�cnd-C G cyc Zk/Ell,. e47
ADDRESS /lo 4e /V/3
LOT I BLOCK , c0
SUBDIVISION f%0L),!,,,eLaidGat,/ .fogij
BASIS OF APPLICATION:
•
Interpretation
Special exception for use or development
LiVariance
nRezoning
Exception to Building Code
EXPLANATION:
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SIGNITURE of APPLICANT /
DATE
Must be accompanied by filing fee of $ /'
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Received:
Date: '—z /— %Pr
CODE NFORCEMENT OFFICER
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7
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO
81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA-
TION HEREIN STATED; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING
PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO
EXCEED THE SUM OF TWO HUNDRED ($200.80) FOR EACH
OFFENSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Zoning Commission and the City Council of
the City of Wylie, Texas, in compliance with the
laws of the State of Texas with reference to the
granting of zoning changes under the zoning
ordinance and zoning map, have given requisite
notices by publication and otherwise, and after
holding due hearings and affording a full and fair
hearing to all property owners generally, the said
Governing Body is of the opinion that the said
change of zoning which is on application of
Wylie Nursey & Exterminating should be granted
and the Comprehensive Zoning Ordinance of the City
of Wylie should be amended in the exercise of its
legislative discretion:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1 .That the Comprehensive Zoning Ordinance of the
City of Wylie, Texas, be and the same is hereby
amended by amending the Zoning Map of the City of
Wylie, to give the hereinafter described property
a new zoning district classification to-wit:
Specific Use Permit - Outside Sales
Said property being described as follows :
Lot 1, Block 20 Railroad Addition
SECTION 2.?hat 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.That the above described property shall be used
only in the manner and for the purposes provided
for in the Comprehensive Zoning Ordinance of the
City as amended herein by the granting of this
zoning classification.
SECTION 4.That should any paragraph, sentence, subdivision,
clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional , illegal
or invlaid, 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 Comprehensive
Zoning Ordinance as a whole.
SECTION 5.That any person, firm or corporation violating any
of the provisions or terms of this ordinance shall
be subject to the same penalty as provided for in
the Comprehensive Zoning Ordinance of the City, as
heretofore amended, and upon conviction shall be
punished by fine not to exceed the sum of two
hundred dollars ($200.00) for each offense, and
that each day such violation shall continue to
exist shall constitute a separate offense.
SECTION 6 . It is necessary to give the property described
herein the above mentioned zoning classification
in order to permit its proper development and in
order to protect the public interest, comfort and
general welfare fo the City. Therefore, this
ordinance shall take effect immediately from and
after its passage, as the law in such cases
provides.
DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, this the day of
198
Chuck Trimble, Mayor
ATTEST :
Carolyn Jones, City Secretary