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08-21-1989 (Planning & Zoning) Minutes PLANNING AND ZONING MEETING AUGUST 21 , 1989 MINUTES The Planning and Zoning Commission of the City of Wylie met in regular session on Monday, August 21 , 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 Bart Peddicord, Bobby Jennings, Jim Ferguson and Cecelia Wood. Staff members present were Code Enforcement Officer Roy Faires and Secretary Debbie Fletcher. CONSIDER_APPROVAL_OF_MINUTES_OF_THE_JULY_17TH_MEETING� Vice Chairman Bart Peddicord stated his name was misspelled. Change "Petticord" to "Peddicord" . Bobby Jennings said on page two, third paragraph, eighth sentence "Bobby Jennings asked" should have been "Bobby Skipwith asked" . Also on page two, last paragraph, next to last line "motion was seco/'ded by Bobby Jennings" should read "motion was seconded ~_ by Bobby Skipwith " . Chairman Chaney asked for a motion on this item. M, . Peddicord made a motion to approve the minutes as corrected. Jim Ferguson seconded the motion. Thn motion carried with all in favor . Mr . Faires said Mr. Norwood had advised him that sometime in mid-SepLember the Planning and Zoning Commission would have a joint meeting with the City Council because of the problem which occurred last time with the plat. Mr . Faires went on to say that we now have books on Local Government- cons i st of thr en volumes. He stated he would be using the book on ETJ for tonights meeting. Mr . Faires also said after h.'^ has fj nished reviewing the books he will have certain items he would need to discuss with the city aLtorney which could possibly change some of our formats and p� ocedures whici would enable the city to cut down on time amJ Lhe staff work involved. Specifically, the notification process of certain applications which requires letters being mailed to the citizens. Mr . Faires said in his opinion this procedure can be eliminated, but he wants verification from the city attorney. � D�SCUSSION_OF__ETJ_�_MEANINGu_USE_AND_NEED� Chairman Chaney opened the discussion by saying ETJ stands for Extra Territorial Jurisdiction. it is a law given to us by the state for our use. Historically, we have kept out sub- divisions that do not meet our sub-division ordinances. ET� does not effect zoning, it strictly effects when someone wants to take a piece of property and divide it into two or more lots. Mr. Chaney said future use of the ETJ will be up to the Planning and Zoning Commission and City Council . Mr. Chaney turned the discussion over to Mr. Faires for ETJ requirements, facts and figures. V . Faires said many years ago developers purchased property on t.he outskirts of town which are under "county regulations" which are inadequate. Cities got together through the Texas Municipal League to Find out what could be done about this. Mr. Faires went on to say that our lobb� a( the Texas Municipal League went before legislature and had this enabling low passed that would permit any city to e,tend their sub-division regulations to their ET.]. Legislature declared it a policy of the state to designate certain areas as Extra Territorial Jurisdiction of m'micipalities to promote general health, safety and welfare of persons residing in and adjacent to the municipalities' _ M, ' Faires went on Lo discuss the extent of Extra Territorial Jurisdiction which are as follows: ( 1 ) Within 1 /2 mile of those boundaries in the case of municipalihies with fewer than 5, 000 inhabitants. (2) Within 1 mile of those boundaries in the case of municipalities with 5, 000 - 24, 999 inhabitants. Wylie is currently in this category. (3) Within 2 miles of those boundaries in the case of ".uniripa] jties with 25, 000 - 49, 999 inhabitants. (4) Within 3 1/2 miles of those boundaries in the case of municipalities with 50, 000 - 99, 999 inhabitants. (5) Within 5 miles of those boundaries in the case of municipalities with over 100, 000 inhabitants. _ Mr . Faires also said if we annex one mile in any direction all we have done is extended our FTJ another mile beyond that new city limit line. The Extra Territorial jurisdiction of a municipality may not be reduced unless Lhe governing body of a municipality gives its written consent by ordinance or resolution. Mr. Faires stated that what people are requesting is that we do not apply our ETJ to their sub-division. Mr. Chaney added to release them out of it . Mr . Faires said yes, to release them, but not others surrounding them and that this would be a violation of government codes. Mr . Chaney asked if what Mr . Faires was saying was that you can release them to anothcr city. Mr. Faires said no, you can reduce your ETJ by ordinance, but it must be the whole area, not just that particular sub- division. Chairman Chaney brought up the fact that developers say it is not economically feasible for them to develop the property at cost according to our regulations. Economics is not a concern of this board. Mr. Chaney said our concern is that it is in the best interest of the citizens of Wylie. Mr . Peddicord asked what can we do about the sub-division within the one mile ETJ boundary when you do go to the two _~ mile boundary? Mr. Faires replied that all we can do is refuse to annex them and give them the protection the; desire, until such time that those people spend the money for upgrading which their developer should have spent . Mr . Chane� asked about the substandard sub-division which we do not want to annex . If they have sewer running past it , can we allow them to attach it to the sewer without annexing? Mr. Faires replied yes, there is a premium in the fee schedule for that purpose. In closing, Mr. Faires said he feels that we would hi- digress in our duties to our citizens, present , past and future if we did not continue to exercise this particular control for their protection as opposed to the enhancement of the pocketbooks of certain developers. The Board member�_ thanked Mr . Faires for his presentation. GENERAL_DISCUSSION, Chairman Chaney stated at the next meeting we have an item coming before us on zoning. Specifically, cluster and strip zoning. Mr . Faires said in the past we have zoned strips along major streets for light commercial use. After discussing the land use map, the Citv Councjl and Planning and Zoning Commission decided in t|`e interest of proper controls and growth, they were interested in cluster zoning around major intersections and — to maintain the single family atmosphere along the roads. - Jim Ferguson asked if there was an ordinance stating that it i `s limited to a certain area as far as acreage. Mr . Chaney replied it is more a precedence to what we have been doing. Ms . Wood asked if on Uhese retail areas going in adjacent to homes are i |.e people aware of all the requirements, such as alleyo, off street loading and unloading? Mr. Faires said they are made aware of it when they apply for permits. Mr . Chaney clarified strip zoning by saying that Hwy. 78 is a good example of strip zoning because that is how the area was previously zoned. He also said cluster zoning is the yrooping, in clusters around major intersections of light commercial business and then developing outward with single family or whatever is best for the area. Mr . Faires, said strip zoning needs to be controlled properly and kept within the B-1 category and anything beyond that would be outside sales. We have been able to do this effectively by the specific use permiL process. Mr . Ferguson said he would like to see as a topic of discussion, landscape ordinances. Mr . Peddicord asked about the status of the Emergency Preparedness plan. Mr. Faires said we have not recetved the information. Mr. Chaney stated that at the next meeting he would like tu have zoning - mean, use and need on the agenda before General Discussion. Mr. Chaney would also like the land use map brought in for this discussion. Mr . Faires said he would bring the map to the next meeLing. There being no further business to discuss, a motion was made to adjourn . Brian Chaney, Chai n Respectfully submitted, . Debbie FleLcher, Secretary _