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04-17-1986 (Planning & Zoning) Minutes - MINUTES — PLANNING & ZONING COMMISSION THURSDAY , APRlL 17, 1986 [he Planning and Zoning Commission for the City of Wylie, Texas met in regular session on April 17, 1986 in the Wylie Community Center. 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 Kent Crane, Vice-Chairman Brian Chaney, Ken Mauk , 8en Scholz , and Bill Chapman. Representing the city staff was Gus H. Pappas; City Manager , Roy Faires; Code Enforcement Officer , and Amanda Maples; Secretary. The meeting was called to order at 7: 00P. M. by Vice-Chairman Brian Chaney. - Vice-Chairman Brian Chaney asked that their be a correction to Item No. 3. lt was written that he had made a motion to accept the zoning with 7 more acres of retail zoning on the other side of Springcreek Pkwy. It should have been written that the — motion was to accept the zoning with 7 more acres of 81 zoning on the other side of Springcreek Pkwy. ! his property is described as 31 . 862 acres out of the R. D. Newman Survey, Collin County, Abstract 660 and is located just south of Century Business Park on SH78. This is the site of the three Junkyards. The staff is recommending Business 2 and Multi -family zoning. Vice Chairman 8rian Chaney opened the public hearing. Mrs Martha Oliver who ownes the property on the opposite side of SH78 came forward stating that they already had a problem with flooding in the area. She asked , if this development , with all the excavating , would make the flood problem worse? City Manager Gus Pappas said that the City would make the developer address the problem of flooding and that they would have engineers to calculate the problem and rechannel ihe creek so that it could handle the water . He went on to say that as this area gets more urbanized the City would like for the Soil Conservation Service to turn over the dam to us; however ; both sides agree that now is not the proper time tor that to happen and they are still actively involved with the dam, Mrs Oliver said , good , lets develop the area so we can get the flooding fixed' Vice-Chairman Brian Chaney closed the public hearing and brought it before the board for discussion. Vice-Lhairman Brian Chaney stated that he did not have a problem with this. City Manager Gus Pappas said that he ~ forgot to mention that rhzs zoning was City generated andl -- that when this is actual1y deve1oped , the developer m: 1 request some other zoning because he would have a plan in mind. The staff considered Industrial zoning because it would make thzngs begin to happen faster zn I:.he area but , they usually like to find 1ess expensive land that is generally flat. Also, the staff was afraid that Industrial zoning would cause a lot of regulation on the City part to keep the creek free from pollution. Chairman Kent Crane made a motion to accept the zoning. Bill Chapman seconded the motion. Motion carried 5-0. AR0LITIgN lhis property is described as Lots 1 & �, Block 20, Railroad Addition. This property fronts on Highway 78 and is bordered on the south by Masters and on the east by Second Street . The original zoning is Retail , but the petitioner is seeking Business in in order to have a landscaping and nursery business. [he staff has reviewed this petition and finds that it is compatable with surrounding zonings. The staff recommends the business 2 zoning. City Manager Gus Pappas said that. this was an individual generated request for zoning. Imis property at ~ one time was a used car lot , after that it layed dormant for- a while. lhen someone came and wanted to build a gargage on it but when he found out that he would have to get the 1and -- rezoned he didn t feel it was worth the trouble. Now, these people want to use it for a landscaping and nursery business which requires the same zoning as the gargage because products and sales take place outside. Once this zoning is granted , while the nursery is less offensive than tMe gargage, it could go down hill at any time if the nursery moves out. One would almost want to grant a special use permit so that we could have the nursery but if they decide to give it up in 6 months we wouldn ' t get a gargage in its place. Vice-Chairman Brian Chaney opened the public hearing. Bob Burns came forward , he holds a long term lease on the property and would be sub-leasing to Shirly Rodgers, stating that he eventual ly wanted to put a muffler shop on the property simular to the Western Auto, everything would be on the inside. Shirley Rodgers the Co-Owner of the nursery came forward stating that there is a chain link fence across the back of the property with some large trees. Vice-Chairman Brian Chaney told her that she may be required to put up an wooden fence. Mrs Rodgers said that this business would stay neat ~ and clean ang would not be an eye sore to the community. Tkey want to do all they can to beaut-ify Wylie. Vice- Chairman Brian Chaney closed the public hearing and brouqht if before the board for discussion. - Chairman Kent Crane said that he was concerned about giving 82 zoning because you couldn t be sure of what you would have there tomorrow. Fie would like to see a more strenuous zoning with a Special Use Permit. Vice-Chairman Brian Chaney agreed because this area is close to downtown. Bill Chapman also agreed. City Manager Gus Pappas said that he didn t think that this piece of property could ue very offensive at its worst because it is so small . Chairman Kent Crane stated that we have been working on cleaning up the corridors to our city and he would like to see that momentum continue even though ne does not have a problem with the nursery. Vice Chairman Brian Chaney stated that we must look at the worst possible use for this property in order to grant the zoning. City Manager Gus Pappas stated that the way the zoning ordinance is constructed a Specific Use Permit would not oe allowed. There are 3 alternatives, ( 1 ) grant B1 zoning along with a recommendation that the nursery with outside sales could be allowed under B1 , (2) grant B1 zoning to the property owner and recommend to the council that the allowable uses under 82 be used under B1 or (3) grant 82 zoning. The staff recommends this because of the size of the property, it is too small to be used for most of the very offensive uses under B2. Chairman Kent — Crane made a motion to grant the property 81 zoning and change the zoning ordinance so that retail nurseries be in the Specific Uses for B1 and further to grant a Specific Use — Permit for the nursery. Bill Chapman seconded the motion. Motion carried 5-0. ITEM NO. 4 - ADJOURN - Chairman Kent Crane made a motion to adjourn. Bill Chapman seconded the motion. Motion carried 5-0. Kent Crane, Chairman Planning & Zoning Commission Respectfully Submitted: _........ _ Amanda Maples , Secretary _