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11-06-1986 (Planning & Zoning) Minutes ' K ~~ MINUTES PLANNING & ZONING COMMISSION REGULAR MEETING THURSDAYv 0@OVEMBER 6, 1986 The Planning and Zoning Commission for the City of Wylie, Texas met in a Regular Meeting on November 6, 1986 in the Community Room at 800 Thomas Street. 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, Ben Scholz , Fred Ouellette, Ken Mauk and Bill Chapman. Vice-Chairman Brian Chaney was absent. 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: 00 P. M. by Chairman Kent Crane. ITEM NO. 1 - APPROVAL OF MINUTES OF OCTOBER 7° 1986 - Bill Chapman made the motion to accept the minutes as presented. Ben Scholz seconded the motion. Motion carried 4-0. ..�' ITEM NO. 2 - PUBLIC HEARING ON ANNEXATION OF 256.993 ACRES ON WEST SIDE OF CITY - This annexation is made up of several different tracts along W. FM544 and north of that area. it includes property adjacent to what has been known to us as the Ben Young property and several small individual tracts that front on W. FM544, across from the Steel Industrial Park. This annexation has been initiated by the City in an effort to be able to control business that front along FM544 such as fireworks stands etc. Also, the City is considering an extension of a water line that runs along FM544 and this would enable these people to participate in the extension of that service. Chairman Kent Crane opened the public hearing for anyone wishing to speak for or against this annexation. Mr. Scholz came forward on behalf of Mr. Woods. He stated that if the only part of the Woods property that the City was intending to annex was the 1 . 5 acres along FM544 and between the railroad tracks, he would have no argument. However , the remaining acreage was cultivated and he intended to keep it for that use and did not want it to be annexed. Mr. Pappas added that Mr . Woods has signed a petition for voluntary annexation on his 1 . 5 acre tract and has requested agricultural zoning. ~~ Mr. Pappas went on to explain, that in his understanding, the reason for annexing undeveloped land , into the City, that is contiguous with the City Limits is so that when the land is developed it will be developed under City of Wylie 's standards. Being in our ETJ gives us some protection, the plans have to meet our standards if the land is subdivided. However , if the land is not subdivided and someone wants to put an abusive use on it such as a junk yard, there is nothing that we can do to stop him' Further , if the land is annexed after such a use is already established then that use would be allowed to continue under a "grandfather" use. He would not be allowed to expand that use but the use would be allowed to continue. There being no futher questions or opposition the public hearing was closed and brought before the board for discussion. Fred Ouellette asked Mr. Pappas if notice of the public hearing had to be posted in the newspaper. Mr. Pappas replied that the only public hearings that had to be posted in the newspaper , according to law, were those held at the City Council level . ~- Ben Scholz wished to abstain from the discussion and vote due to a conflict of interest. Bill Chapman made a motion to accept the annexation. Fred Ouellette seconded the motion. Motion carried 3-0 with one abstaining. % 1 OF FM13ZB This annexation is made up of two separate tracts that lie on the west side of FMI378 and on the north side of Lake Ranch Rd. This is another City initated annexation. Staff recommends approval . Chairman Kent Crane opened the public hearing. There being no questions or opposition the public hearing was closed and brought before the board for discussion. Bill Chapman made a motion to approve the annexation. Fred Ouellette seconded the motion. Motion carried 4-0. I This single tract lies in the Muddy Creek area just below the trRct known to us as the George Lewis property, which became a part of the Louis Reece property. ~- This is a City znzrareo annexation. Mr. Pappas stated that although this annexation was initated by the City, he had received a phone call from the property owner requesting voluntary annexation. _ Chairman Kent Crane opened the public hearing. There being no questions or opposition the public hearing was closed and brought before the board for discussion. Ben Scholz asked if this was an area that Sachse has contested. Mr. Pappas said that this area had never come up in conversation with Sachse and he pointed out the areas that Sachse felt should be their borders on the map. Ben Scholz made a motion to approve the annexation. Bill Chapman seconded the motion. Motion carried 4-0. ITEM NO. PUBLIC HEARING ON ANNEXATION OF 65.,�3 ACRES ON B. 0ALk-ARD Sl[. - This annexation is made up of three tracts, which adjoin West Wind Meadows and front on S. Ballard St. This annexation is initated by the City. Mr. Pappas said that he had spoken with Mrs. Fry, property owner , she had requested that the annexation be postponed until after the first of the year. Mrs. Fry lives in Maryland and intends to fly down for the public hearing , she apparently feels that this is a big event and a historical moment in the life -~ of the land and wants to be present for the event. She apparently has no reluctance for annexation after the first of the year. Chairman Kent Crane asked if she was aware that this process takes several weeks. Mr. Pappas said that he explained the proceedure to her but he did not think that he was understood. Chairman Kent Crane opened the public hearing. There being no questions or opposition the public hearing was closed and brought before the board for discussion. Fred Ouellette said that he felt we should honor Mrs. Fry 's request to postpone the annexation. Bill Chapman said that he also felt that Mrs. Fry 's request should be honored. Fred Ouellette made a motion to postpone the annexation process until after the first of the year. Bill Chapman seconded the motion. Motion carried 4-0. - � ITEM NO. 6 - PUBLIC HEARING ON ANNEXATION OF 279~028 ACRES ON E. BROWN ST. - This annexation is made up of several tracts along the south side of E. Brown St. and one tract adjoining Rush Creek II . Mr. Pappas stated that most of these tracts are owned by members of the Kreymer family. Mr. Archie Kreymer and Mr. Jimmy Kreymer had already signed voluntary annexation papers but he had heard nothing from Mr. Bill Kreymer. Chairman Kent Crane opened the public hearing. There being no questions or opposition the public hearing was closed and brought before the board for discussion. Ben Scholz made a motion to approve the annexation. Bill Chapman seconded the motion. Motion carried 4-0. ITEM NO. 7 HEARING ON_ONNEXATION OF 620.028 ACRES �QRTH - This annexation is made up of several tracts that lie north of E. SH78 and east of the large tract of which the City Hall property was once a part. These tracts lie primarily north of the St. Louis and Southwestern railroad r. o. w. and adjoin the Federal property annexed into the City during the past year or so. ~- Chairman Kent Crane opened the public hearing. Mr. Robert Alexander owner of approximately 324 acres came forward to oppose the annexation stating that his land is under cultivation and has been for years, he has no plans to change his use at this time and would intend for the land to come into the City if other plans came along. He requested that only the land along Skyview Drive be annexed for the City to be able to control the road r . o. w. and give him a tax break this year. Chairman Kent Crane asked how much of a tax burden the Agricultural zoning would be to Mr. Alexander. Mr. Alexander said that he and Mr. Pappas had figured an approximation and it was about $500. 00. Their being no other questions or opposition the public hearing was closed and brought before the board for discussion. Ben Scholz asked Mr . Pappas if their was any way to honor Mr. Alexander ' s request and break up the property. Mr . Pappas stated that in order to do that the property would have to be surveyed and the cost burden would be on ^^ the City. Chairman Kent Crane said that the cost of the survey would be more than the tax benefit for several years. _ Mr. Alexander asked if he could voluntarily annex that parcel . Mr. Pappas said that any tract of land could be annexed that could be legally described. Mr' Alexander said that he had a survey of that parcel that he could furnish the City. Bill Chapman made a motion to recommend to the Council to annex the entire tract but that the Planning and Zoning Commission would have no problem in honoring Mr. Alexander 's request to only annex the parcel along the road if he supplied the City with a survey. Ben Scholz seconded the motion. Motion carried 4-0. ITEM NO. B - RECOMMENDATIONi N ORDINANCE RESULATING PRIVATE CLUBS_I THE CITY - Chairman Kent Crane asked Mr. Faires if it would be possible to get around the minimum separation requirements of this proposed ordinance by using the Planned Development Process, as provided in section 2. 1 . Mr. Faires replied that by using the Planned Development provision it would be possible to get around any part or all of this -- ordinance but the Planning and Zoning Commission and the City Council had to approve it . That is the difference in a Planned Development you have the power to make more or less strenuous demands on them. Chairman Kent Crane then asked if everyone felt that the exemptions in section 2. 5 of the proposed ordinance should be taken out of the ordinance. Mr. Faires commented that most Fraternal Organizations have a private club but that is not the basis for their organization. These organizations usually have some redeeming quality that make the acceptable to the community and they have a reputation for taking care of their own. Fred Ouellette said that he felt that Golf and Country Clubs should be taken out of the exceptions. Everyone agreed on that. Fred Ouellette felt that 70% food sales, as set forth in section 3. 1 , was too restrictive because that amounts to about 1 drink per meal . Mr. Faires reported that our sister cities used from 50% to 70%. Chairman Kent Crane said that in order to represent the concerns of a conservative city we should be on the high end of the percentage scale. Fred Ouellette said that he had 65% in mind as a fair figure. Mr. Pappas said that he would get some hard facts from our sister cities to present to the commission at a later date. � _ _ Chairman Kent Crane asked Mr. Faires if section 3. 6 meant only gambling machines or that all game machines would be prohibited. Mr. Faires stated that in his mind it meant gambling machines. Mr. Pappas said that he felt that it meant all game machines. Fred Ouellette felt that whether or not a resturant had game machines did not have any thing to do with alcohol and should be taken out of the ordinance. Chairman Kent Crane felt that it was a good precaution because when people drink sometimes they don 't use good judgement and would be more likely to gamble. Gambling is very hard to enforce because an officer has to catch them actually placing the bet and it is better to take precautionary measures. Fred Ouellette said that allowing resturants that don 't serve alcohol to have the machines and not allowing resturants that serve alcohol to have the machines was discreminatory and may be challenged later. Mr. Pappas said that this restriction is almost standard in Texas due to the conservative views on alcohol . Chairman Kent Crane said , while discussing section 6 (Remedies for Non-Compliance) , that he had an idea; if a resturant did not come into compliance with the percentage standards during an audit period , in the next period they should be required to have their alcohol sales down by the same percentage that they were over in the pervious period -- in order to compensate and keep a 70% average over the entire year . Mr. Faires felt that this would be unfair treatment and may not hold up in court. Fred Ouellette felt it was too harsh but he would agree to a fine for noncompliance. Chairman Kent Crane said that he would like to be able to enforce this at the Staff level rather than at the Council level because of the political pressures. Mr. Faires suggested that " failure to comply could be considered a misdemeanor and shall be punishable according to State Law" in this way you could let a judge decide what the punishment would be; However , this would mean that only one person would be making the decision instead of at least four ' Chairman Kent Crane said that he felt that this would be abused if the ordinance didn ' t have some teeth to it . Mr. Faires said that the ordinance was about as strict as you could be, given the conditions. This property is located within the ETj of the City of Wylie just Southeast of Wells Road., This submittal represents a re-submittal of Me preliminary plat of the Dottie Bateman Development. Mr . Pappas sLated that this property is not contiguous and is not eLigable for annexation . _ Chazrman Kent Crane had a :uestion on what s, ze waver line this development woulrl be on . W. Pappas Map a suudivzsion nf Lhis size woull be cn � minimu4 ^^ / zne. _ ~ Fred Ouellette had a question as to how the streets were measured , front to front or back to back? Chairman Kent Crane stated that the 15 ' easement should continue around the cul-de-sac so that at a later date if a sewer line needed to be layed , it would be cheeper to lay it around the front of the lots than all the way around the property. Mr. Pappas said that there may need to be an additional easement through the property in case a line needed to be looped at a later date. Bill Chapman made a motion to accept the preliminary plat with the changes to the 15 ' easement being carried around the cul-de-sac and the measurement of the street being clairified. Ben Scholz seconded the motion. Motion carried 4-0. I - Ben Scholz made a motion to adjourn' Fred Ouellette seconded the motion. -~ ---------------------------------- Kent Crane, Chairman Planning & Zoning Commission Respectfully Submitted: Amanda Maples, Secretary ~