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