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10-02-1989 (Planning & Zoning) Minutes PLANNING AND ZONING MEETING MINUTES OCTOBER 2, 1989 The Planning and Zoning Commission met in regular session on Monday, October 2, 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, Cecelia Wood, Bob Skipwith, Bobby Jennings, and Jim Ferguson. Staff members present were Code Enforcement Officer Roy Faires, Secretary Sandy Stevens , and Administrative Assistant Candi White. Chairman Chaney called the meeting to order . CONSIDER APPROVAL OF THE MINUTES OF THE SEPTEMBER 11, 1989 MEETING. Mr. Peddicord said that the word "to" should be deleted in the first sentence, first paragraph, first page, to read "Chairman Chaney said he would like suggestions from the Board about items for discussion with the Council . " Mr. Peddicord also said that the word "would" should be added in the first sentence, first paragraph, second page, to read "Mr. Chaney said he would like to have Landscape Plan and Emergency Plan as agenda items , if the Council hasn' t already set up an agenda." Chairman Chaney said that in Mr . Faires ' statement in the fourth paragraph, second page, the board should have been addressed as "council" rather than "board" . This was regarding the ETJ discussion. Mr . Peddicord made a motion to approve the minutes with the above corrections . Mr . Skipwith seconded the motion. The motion carried with all in favor . CONDUCT PUBLIC HEARING ON THE REQUEST FOR A SPECIAL USE PERMIT FROM HENRY DOYLE DUNCAN FOR USE OF A PORTABLE SALES OFFICE TO SELL FIRE WOOD AND LANDSCAPE MATERIALS AND PLANTS ON 1.34 ACRES OUT OF THE E.C. DAVIDSON SURVEY, (LOCATED ON FM 544 EAST OF HARDCAST) . Code Enforcement Officer, Roy Faires told the board that Mr. Duncan, a resident in Sunnyside Acres , wanted to open a business but wasn' t aware that he had to have a special use permit . Mr . Faires said that the property was zoned Industrial and that Mr. Duncan wanted to put a nice sales office on the property, but also wanted to comply with City of Wylie ordinances . Mr. Faires added that staff had no reason to deny the permit for a one year review. Chairman Chaney opened the public hearing . Mr. Duncan stated that he wanted to put a small mobile home on the property to use for an office. He added that he would put skirting around it and had plans to add redwood decking . No one in the audience had comments for or against Mr. Duncan' s request for a special use permit and Chairman Chaney closed the public hearing . CONSIDER APPROVAL OF RECOMMENDATION TO CITY COUNCIL FOR A SPECIAL USE PERMIT FOR USE OF A PORTABLE SALES OFFICE TO SELL FIREWOOD AND LANDSCAPE MATERIALS AND PLANTS ON 1.34 ACRES OUT OF THE E.C. DAVIDSON SURVEY, (LOCATED ON FM 544 EAST OF HARDCAST) . Mr . Skipwith asked Mr. Duncan how much of the property he owned, and if he planned to maintain it himself. Mr. Duncan said he owned the entire piece of property and did plan to maintain it himself . He added that he would like to put a fence up if he was permitted . Mr. Peddicord asked if there was any reason Mr. Duncan couldn ' t have a fence. Mr. Faires said there was no reason and that he felt comfortable that Mr. Duncan would comply with any city requirements . Ms . Wood asked if the city had any codes which would regulate how the firewood was stacked. Mr. Faires said there were none that would regulate the stacking of firewood in Industrial zoning , but he felt that after talking with Mr . Duncan there would be no problem with an unsightly area . Mr . Skipwith questioned the possibility of approving the special use permit for less than one year and then extend it if everything was okay. Chairman Chaney said he didn' t feel comfortable with that because the board had historically approved the permits for one year due to the expense involved in opening a business . Mr. Faires added that he would not advise less than one year, as it would look as thought the board was putting an undue hardship on Mr . Duncan . Mr . Duncan told the board that if there was any objection after his business was established, to let him know and he would correct it . He added that the firewood would only be there until January or February. Mr . Skipwith made a motion to approve recommendation to the City Council for a Special Use Permit for use of a portable sales office to sell firewood and landscape materials and plants on 1 .34 acres out of the E.C. Davidson Survey. Ms . Wood seconded the motion . The motion carried with all in favor. CONDUCT PUBLIC HEARING ON THE REQUEST FOR A SPECIAL USE PERMIT FROM IRM PROPERTIES FOR INSTALLING A GOLF DRIVING RANGE AND TEMPORARY OFFICE BUILDING, ON LOTS 1, 2, 3, 4 , AND 5 OF WYLIE RANCH EAST COMMERCIAL PARK (LOCATED ON HWY 78 NORTH, SOUTHEAST OF MUNICIPAL COMPLEX) . Mr . Faires explained that this request was for a commercial amusement and that the property was zoned where a specific use permit was required. He said that the property was located at Hwy 78 and Kreymer Lane which was Southeast of the Municipal Complex . Chairman Chaney asked Mr . Newell , prospective operator of the golf driving range, what kind of parking lot and fence he planned to install , and what kind of insurance he planned to purchase. Mr . Newell said he would be using a temporary gravel parking lot and a small mesh fence around the entire property to keep golf balls inside. Mr . Newell said he would carry liability insurance but didn ' t know what limits . Mr . Skipwith asked if Mr . Newell had planned on lighting the green. Mr . Newell said he would light the green in such a way not to disturb anyone. He added that the closest light to Hwy 78 would be approximately 120 feet from the highway. Mr . Faires added that any lighting that would create a hazard on Hwy 78 would be prohibited . Chairman Chaney asked what the business hours would be. Mr. Newell said he planned to close at 10 : 00 p.m. , except during the winter months when he would close at 8: 00 p.m. Ms . Wood was concerned about the noise factor due to outside speakers , music, etc. Mr. Newell said there would be no outside speakers, music or any loud noises . Mr. Ferguson asked how far the parking lot would be from Kreymer Lane. Mr. Newell said it was 150 feet , but if that didn' t meet city requirements he would change it. Chairman Chaney suggested that the city engineer look at the plans for the entrance and parking lot. Ms. Wood asked how many cars the parking lot would accommodate and what kind of building the temporary office would be. Mr. Newell said there would be spaces for twenty cars , and that he was looking at a 12 x 24 building on a slab with siding. He added that he wasn' t real sure about the size. Chairman Chaney told Mr . Newell that the board would really like to set a size. Mr . Newell asked if they would agree to nothing larger than 1000 feet . Chairman Chaney asked if anyone in the audience wanted to speak for or against the golf driving range. Marie Routon, 340 Callie Court approached the board with several questions. She asked how her home would be protected from flying balls, where the lights were going to be directed, who would be responsible from broken windows in homes , and how the driving range would be separated from her property. Mr . Newell explained that there would be a 6 ft . mesh fence between the two properties and the lighting would be directed down range which would not affect any homes . He also said that nobody could hit a golf ball far enough to hit any homes , but if that should possibly happen, he would be responsible for any damage. Ms. Routon asked who would be responsible for the grass around the fence. Mr . Newell said he would be responsible for it on his side of the fence and that the fence line would probably chemically sprayed . Joyce Anderson, 330 Callie Court asked what type machine would be used to pick up the balls . Mr . Newell said it would be a small tractor . Ms. Anderson then asked if the equipment would be locked up so that children couldn ' t play with it. Mr . Newell said it would be fenced in but he hadn' t planned to lock it up. Mr. Faires suggested that Mr . Newell make an additional enclosure with his six foot fence. Ms . Routon also expressed a concern that the driving range might stay open past 10 : 00 p.m. Mr. Tim Dolittle with Centennial Homes told the board that he didn' t oppose the operation of the driving range, but wanted to make sure the lighting was not offensive to residents in the Wyndham Estates subdivision. A resident at 1404 Devonshire in Wyndham Estates was also concerned about the number of lights and the brightness of lights . Mr . Newell explained that there would be seven light poles , 1000 watts per pole. He said that it sounded like a lot of light , but assured the resident of Wyndham Estates that they wouldn' t notice the lights, as they would be directional lights pointed in the opposite direction. Chairman Chaney reminded the citizens that the property was zoned commercial and would have commercial use at some time. Chairman Chaney closed the public hearing. CONSIDER APPROVAL OF RECOMMENDATION TO CITY COUNCIL FOR A SPECIAL USE PERMIT FOR INSTALLING A GOLF DRIVING RANGE AND TEMPORARY OFFICE BUILDING ON LOTS 1, 2, 3 , 4, AND 5 OF WYLIE RANCH EAST COMMERCIAL PARK (LOCATED ON HIGHWAY 78 NORTH, SOUTHEAST OF THE MUNICIPAL COMPLEX) . Chairman Chaney said the general feeling of the board seemed to be in favor of the golf driving range. He then asked if the board had any questions or comments . Ms . Wood told the citizens in the audience that regardless of how the board ruled , they did hear the citizens concerns . She added that the board was concerned with their concerns and realized that they had some problems with the driving range. She also said that the board was responsible to the city as a whole. Mr. Peddicord added that the board appreciated them attending the meeting . Chairman Chaney said he understood that the subdivision ordinances required a six foot opaque fence to run the entire length of the property to separate commercial from residential . Mr . Faires agreed with him. Chairman Chaney felt the board should list the stipulations for the specific use permit for Mr. Newell . The stipulations were as follows : 1 . City Engineer should designate the appropriate location for the entrance drive off of Kreymer Lane. 2 . Portable building on concrete slab not to exceed 1000 square feet. 3 . Seven 1000 watt light poles as shown on plans , not to exceed three additional 1000 watt poles at the Code Enforcement Officer ' s discretion. The Code Enforcement Officer shall the authority to make adjustments in the lighting direction if deemed necessary. 4 . Business shall open no earlier than 9 : 00 a.m. and all business operations shall cease at 10 : 00 p.m. with all lights at by 10 :00 p.m. 5 . Minimum four foot, one inch mesh fence to be erected on the North and East property lines around driving range. 6 . Liability Insurance - minimum limits as advised by the City Attorney. 7 . No outside speakers. 8 . Specific use permit not to exceed 24 months from date of approval . Mr. Newell said he would really prefer a permit for two years due to the cost involved to begin the business . Chairman Chaney explained that the reason for the shorter length of time was in case the neighbors found there to be problems, the permit could be reviewed . He added that the board had to consider the protection of all citizens even though the board welcomed business development in Wylie. Mr . Skipwith told the citizens once again that he understood they had concerns , but that he would rather see a golf driving range on that property that some other things that could be put in Commercial Zoning . He thanked them again for attending the meeting. Chairman Chaney made a motion to approve recommendation to City Council tor a Special Use Permit for installing a golf driving range and temporary office building on Lots 1, 2, 3 , 4, and 5 of Wylie Ranch East Commercial Park with the above stipulations . The motion was seconded by Mr . Peddicord . The motion carried with all in favor . GENERAL DISCUSSION. Chairman Chaney said that Ms . Wood may have a conflict in attending the council and planning and zoning workshop on the following night. He asked Mr . Faires to give them a briefing on the topics of discussion at the workshop. Mr . Faires explained that council was proposing that no subdivisions be approved in the future that have only a single entrance into the subdivision . He also said that some of the council didn' t like alleys and wanted to discuss the possibility of an ordinance that would no longer allow alleys in developments. He added that they were suggesting the normal fourteen feet used by an alley be used to widen the street . Mr . Faires also told the board that the workshop was the time for them to bring up anything they thought needed clarification or was not adequate. He added that he was expecting the meeting to be very productive and that the board should be prepared to input their thoughts on what was necessary and best for the city. Chairman Chaney pointed out that Winding Oaks St. was the only entrance street in the Pointe North Subdivision and was designed as a collector street to keep through traffic in the subdivision to a minimum. He said that the idea was to keep from having residential streets used as thoroughfares . Chairman Chaney said that in the last seven or eight years the council had advocated alleys to enhance the appearance of neighborhoods. He added that the existing ordinance required alleys wherever feasible. Mr . Skipwith said that he personally preferred alleys and rear entrances for the looks of the neighborhoods . Mr . Jennings said he had heard the council talk about street width. He said he was under the impression they wanted to do away with alleys to widen streets because of parked cars on the streets. He continued saying that he was in favor of alleys, despite parked cars on the streets . Chairman Chaney added that widening the streets would cause people to drive faster which could also create a hazard. Ms. Wood asked if council felt the same way about one street entrances into commercial areas also. Mr . Faires said he had not heard anything about commercial areas . Ms . Wood also asked where the board stood with getting another member. Mr . Faires said he had given names to the city manager of those who would be interested. He suggested that this item be discussed at the council workshop also . Ms . Wood asked what had happened to Jiffy Lube. Mr. Faires said he hadn' t heard a word from them. Ms . Wood also asked if the city had any codes giving a business or resident a length of time in which to either rebuild or tear down a structure after fire damage. Mr . Faires said there was no specific code to cover that situation, but the structure could be classified as substandard which would fall under the jurisdiction of other codes . Mr . Jennings told the board that he had been doing much research on the issue of retaining walls and would like to see it as an agenda item at a future date. Mr . Skipwith suggested to Mr. Jennings that he might also want to check with the City of Arlington, as they were experiencing a lot of problems with retaining walls . There being no further business a motion was made to adjourn with all in favor . Brian Chaney, Chairman Respectfully Submitted, Candi White, Administrative Assistant