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07-23-1987 (Planning & Zoning) Minutes - � MINUTES PLANNING AND ZONING COMMISSION CALLED MEETING THURSDAY JULY 23, 1987 The Planning and Zoning Commission for the City of Wylie, Texas met in a Called Meeting on July 23, 1987 in the Conference Room at 108 S. Jackson. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were: Chairman Brian Chaney, Vice-Chairman Ben Scholz, Bob Skipwith, Bart Peddicord, Cecilia Woods, R. P. Miller and Marty Stovall. Representing the City Staff was Roy Faires, Code Enforcement Officer and Amanda Maples, Secretary. ITEM_N90_1_7_CONVENE WORKSHOP_FOR_INSTRUCTIONAL PURPOSES FOR PLANNING_AND ZONING COMMISSION - Chairman Brian Chaney informed the board that the duties of the Planning and Zoning Commission were strictly advisory. We conduct Public Hearings and make recommendations to the City Council. Mr. Faires pointed out that the proper way to make a motion should be to say that "we recommend that the City Council - approve or disapprove" of an item. In order for the Council to override a recommendation of disapproval from the P&Z it takes a super majority vote of the Council (75%) . Mr. Faires explained that in the past the City Staff consisted of Mr. Pappas, City Manager; Mr. Santry, City Engineer and myself. Until such time as we came along the City Council had not felt comfortable with the City Staff reviewing plans so a Plat Review Committee was formed to review plats and send their recommendation forward to the Council. Since the Council has felt comfortable with a competent staff to help guide them the Plat Review Committee was dissolved at the Council level. The Staff' s directions from the Council are that no plat is to come forward with a red line on it unless the developer demands that it be done. When we receive a Preliminary Plat the Engineering Staff will review it and make any comments. It is then sent back to their Engineers to have any corrections made. At that point it will come back to the Engineering Staff for another review until the plans are done correctly. When the Planning and Zoning Commission receives a Preliminary Plat you can rest assured that it complies with all aspects of the Subdivision Regulations unless the developer and his engineer insist that it be sent forward and in that instance those exceptions will be pointed out to you both in your packet and at the meeting. -- Your primary function as a board is zoning the planning part is usually inherited especially in small cities. In larger cities the planning and zoning are usually two separate boards. Chairman Brian Chaney touched on the ETJ explaining that the Extra Territorial Jurisdiction of our City is one mile from our City Limit line in any direction unless it reaches another cities City Limits or their ETJ line. In some cases where two cities ETJ lines cross a common boundary is established. Mr. Faires said that State Law permits a City to enforce their subdivision ordinance in the ETJ. A courtesy review may be held in the area of two to five miles. Chairman Brian Chaney explained that if someone owned 50 acres in our ETJ and he built a house, barn and a storage building on it then he is ok. However, if he subdivides the property without meeting our subdivision regulations then he is breaking the law. Mr. Faires explained further that subdivision is dividing any piece of real property that has a legal description into two or more tracts. It is a violation of law for the County _- Clerk to file a plat of subdivision in our ETJ unless that plat has been approved by our City Council. Our City operates as a Home Rule City and we are governed by a Home Rule Charter which was adopted by the Citizens of Wylie. The difference between a Home Rule City and a General Law City is that when a city reaches a population of 5000 or more and adopts a Home Rule Charter it is allowed to do anything that the State Law does not specifically prohibit. A General Law city has a population of less than 5000 and can only do what State Law permits them to do. Being a Home Rule City allows us to make involuntary annexations. This is usually done because their is a tract of land that we are concerned about someone putting and abusive use on. The City Council and the Staff start proceedings for involuntary annexations. A tract that is involuntarily annexed usually is zoned as an agricultural use unless the owner specifies another zoning. The annexation of the property and the zoning of the property are separate hearings. A voluntary annexation is when someone requests annexation and if they meet the requirements annexation is usually granted by both the Planning and Zoning Commission and the City Council. � — Chairman Brian Chaney said that zonings should be blended as much as possible. There are two zoning maps, one in Mr. Faires' s office and one in the Council Chambers, they show what our city will look like at build out. It will change some because the map is not iron clad there is some flexibility. Mr. Faires explained that he and Mr. Pappas were commissioned by the Planning and Zoning Commission and the City Council over two years ago to provide them with a projected land use plan for the land inside the City Limits as well as the ETJ. It is in our ordinance that a zoning request can be initiated by either the property owner or by the Planning and Zoning Commission. Chairman Brian Chaney said that the staff puts a lot of hours into reviewing the plats that come before us. Platting is done in two steps first the Preliminary Plant and then the Final Plat. It is not our responsibility to decide the marketability of a piece of land, rather to make sure that the subdivision regulations are met. Also, where zoning is concerned we are not in the lets make a deal business. If this board feels that a particular zoning is what is best for this City then we need to stick — with that and send that recommendation forth to the Council. Never trade a developer a little SF-3 here for more SF-2 over there. Mr. Faires said that any time something comes before the board that the staff is strongly opposed to, you will be supplied with information as to why we are opposed to it and I am always available to answer any questions day or night. Chairman Brian Chaney warned the new members that when four or more members are together discussing Planning and Zoning Business it is considered a quorum and that would be an illegal meeting unless notice of the meeting was posted 72 hours in advance. He went on to say that all of the specifications in the Zoning Ordinance are minimum requirements. Our Zoning Ordinance is completely separate from Deed Restrictions. Deed Restrictions are listed on the plat but are not enforced at the City level. Any enforcement of a Deed Restriction would be handled in Civil Court. In our Zoning Ordinance the Agricultural Zoning is an exclusive zoning. The zonings are accumulative in SF-1 through SF-3, exclusive in SFA, 2F, MF and MH. ~- ~- SF-1 is the largest single family classification with large lot and house sizes. SF-2 is in the middle. SF-1 is the smallest single family zoning. 2F is a duplex zoning lately is has been very unpopular with the developers and we are finding that all of the 2F zoning which we previously granted is coming before us again with requests for zoning changes. SF-A is our zoning for Townhomes. Townhomes are defined as 3 or more attached units, no more than 7 units and are for individual ownership. MF is our Multi-family zoning which is apartments. MH is a Manufactured Housing zoning there is a moratorium on this particular zoning. Any MH zoning that is currently zoned can be developed but no new MH zoning will be granted. Vice-Chairman Ben Scholz said that when we review a Mobile Home Park it is different because the streets are not dedicated to the City. They are privately owned and maintained. Mr. Faires added that we do require them to grant the City a public safety access so our police can patrol the area. Chairman Brian Chaney went on to explain the zonings saying that R, retail is our highest business zoning it is for non- abusive uses such as shopping centers. B-1 allows some — outside storage but very limited, B-2 allows outside sales such as cars and boats, I, industrial is our heaviest use. Mr. Faires added that in most cities our industrial zoning would be considered very light. Mr. Faires explained that in a P. U. D. or Planned Unit Development the first qualification is that they must have 5 acres or more in order to apply. If, in our ordinances, we don' t have a zoning classification to meet a developers needs then they can apply for a P. U. D. and present a comprehensive plan of what they want to do. In a P. U. D. we can specify almost any kind of restriction on them. The most common area that we have used this classification in is the Zero Lot Line Homes. You approve a certain area for a particular use and they are restricted to what they have submitted. Their are two routs to take in presenting a P. U. D. First they submit a concept plan which is like a preliminary plat. It is approved by the P&Z and the City Council. Then they present a development plan which is like a final plat and that is approved by the P&Z and the City Council. However, if they submit a development plan only, you will only have one shot to put all of the stipulations that you want on the development. _ Specific Use Permits are used when someone wants to do something that is not allowed in an existing zoning. If they apply for a Specific Use Permit and it is approved then they would be allowed to operate that type of business. � Vice-Chairman Ben Scholz informed the new members that on occasion the Planning and Zoning Commission would review ordinances and make recommendations to the Council or recommend that an ordinance be written to cover a particular situation. Chairman Brian Chaney addressed "Grandfathering" explaining that if the City annexes a Junk Yard that is already in existence, he will have a time limit in which he must come into compliance with the Junk Yard Ordinance. We can not tell him that he has to cease operation of his business because he is "grandfathered. " However, if he ceases operation for 6 months or more then he will no longer be considered "grandfathered" and he can not reopen that business. Vice-Chairman Ben Scholz said that when considering zoning, look at how the plan fits into the concept of our zoning map. Cluster shopping centers around major intersections instead of having something like "Money Making Mile" in Garland. Mr. Faires said that Cluster Zoning diversifies uses and concentrates less than desirable uses away from residential — property. By clustering business zonings at intersections we feel that they serve a larger section of people. Chairman Brian Chaney addressed the new members saying that your time spent on this board will be a continuous learning process. A lot of this is common sense and some of it is theory. When something new to you comes up at a meeting I will always try to give you some background as to what has been done in the past for you to use as a reference. Mr. Faires said that he has been involved with planning and zoning in some capacity for ten and a half years. Five years ago I started collecting case histories and zoning laws and I am still learning. Every time you think you know everything a developer will come along with something new and you have to rethink your ideas. Cecilia Woods stated that everyone on this board is here because they care about Wylie and though we may not always agree we can work together and have the greatest City in Texas. Chairman Brian Chaney said that the volunteer time that we do for the City is important and I would like to encourage everyone to make as many meetings as possible. �� ~~ Mr. Faires said " I came to Wylie about four years ago and it is a wonderful thing to be in on the birth of a City. I am proud of my contribution to Wylie and I want you to know that even if you make a decision that I do not agree with I will support you 100%. " ITEM NO. 2 - ADJOURN - Cecilia Woods made a motion to adjourn the July 23, 1987, Called Meeting of the Planning and Zoning Commission. Bart Peddicord seconded the motion. Motion carried 7-0. - - -------=r Chairman Brian Brzan Chan Respectfully Submitted : Amanda Maples, Secretary � _