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01-08-1987 (Planning & Zoning) Minutes MINUTES PLANNING & ZONING COMMISSION REGULAR MEETING THURSDAY, JANUARY 8, 1987 The Planning and Zoning Commission for the City of Wylie, Texas met in a Regular Meeting on January 8, 1987 in the Community Room at 800 Thomas Street. A quorum was present, notice of the meeting had been posted for the time and in the manner required by law. Those present were: Vice- Chairman Brian Chaney, Ken Mauk:, Ben Schoulz, Fred Ouellette 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 7:00 p. m. by Vice- Chairman Brian Chaney. ITEM NO. 1 - APPROVAL OF THE MINUTES OF NOVEMBER 6. NOVEMBER 20 AND DECEMBER 4. 1986 - Ben Schoulz changed three items on the minutes of November 6, listed as follows: Page 4 Item No. 5 paragraph 3 - "procedure" was misspelled. Page 6 Item No. 8 paragraph 1 - should be stated that the City Council must approve. Page 7 Item no. 8 paragraph 2 - the word "you" should be stricken from the last sentence. Ben Schoulz made a motion to approve the minutes with these changes noted. Bill Chapman seconded the motion. Motion carried 5-0. ITEM NO. 2 - RECOMMENDATION TO COUNCIL ON PRIVATE CLUB ORDINANCE - This was brought back before the Planning and Zoning Commission for consideration following research concerning the percentages of food versus alcohol in other cities. Mr. Pappas stated that upon visiting with various legal councils of other cities, his findings were that while they were sure about defending a 50/50 ratio in court because of the strong logical point that if the percentage was more one way than the other then you clearly had an establishment that was more a bar than a resturant or more a resturant than a bar. However, any other percentage ratio might be considered arbitrary and capricious and might not hold up on court. He went on to say that most of the other cities had set their percentages as high as Wylie 's or higher. He then stated that he had visited with one city that while the passing of the private club ordinance was a heated issue, the enforcing of the ordinance had since fallen by the way side. He asked if the businesses that had been sending in voluntary audits had any problem complying with the ordinance, apparently they were not. Mr. Pappas assured the Planning and Zoning Commission that if this ordinance was passed, he intended to enforce it. /7 • Mr. Faires stated that this ordinance has previously been offered as an amendment to the Subdivision Ordinance. It is now being offered as a free standing ordinance with a clause to force existing businesses to come into compliance within 90 days. Ben Schoulz stated that he had visited with a city that has a simular ordinance for private clubs. For the first three quarters of the year they had their ratio set at 60/40 and the business had no problem complying. He stated that this particular city 's ordinance stated that the private clubs had to provide the City with reports on a quarterly basis. This city also uses a PD Zoning rather than Zoning Districts. I also visited with a private club owner who felt that the number of acres in the zoning district was too restrictive. I feel that the 70/30 ratio is too high, 50/50 would be more fair and easier to enforce. Vice—Chairman Brian Chaney said that he would not be opposed to a 60/40 or a 65/35 ratio. Bill Chapman stated that he would not be opposed to a 65/35 ratio. Fred Ouellette stated that he would like to see some of the permit fees, paid by Private Club Owners, be consolidated. Also, he felt that a 70/30 ratio was too high, 50/50 seemed to be fair and more easly enforced. A 50/,7i0 ratio would not prevent nice resturants and clubs from comming into Wylie. Mr. Pappas stated that the opinion that he had gotten from the attorney was, while a higher ratio than 50/50 might be considered arbitary and capricous, it has never been tested in court. Fred Ouellette commented that in some of the other cities that were not actively enforcing their Private Club Ordinances, it could be that they are afraid that they would loose if chalanged in court. He was also concerned that if an establishment was forced to make food service available at all times that alcohol was served, it might be an unusual burden to their business because after 9 or 10 o 'clock p.m. people usually don 't eat and keeping a full kitchen staff on hand would increase their overhead expences. He also felt that 150 dining chairs was too high, and that section 3. 6 on gaming devises should not be included as part of this ordinance because gambling was controlled by the Texas Alcohol Commission. While he had no problem with requiring the private clubs to have an annnual audit, he felt that their should be some grace period in case the C. P. A. was unable to get the reports filed in time. //1 Mr. Pappas said that the City. is only asking for a small initial part of what a C. P. A. would do for his client anyway which would be the gross sales divided into two reports. Ben Schoulz asked if their would be any problem in using the monthly sales reports that are filed with the State Comptroller and the Texas Alcohol Commission. Mr. Pappas said that those reports could be used because their is a penality for fraudulence in filing both of those reports. We could also require an_ annual audit in addition to the submittal of these reports. Fred Ouellette was concerned about the fact that no mention is made in the ordinance as to the type of entertainment allowed, such as dancing. Mr. Pappas said that if it is not specifically mentioned as not being allowed then you can assume that it is allowed. Mr. Faires stated that a Dance Hall would fall under a seperate ordinance. Ken Mauk asked, in Section 6.4, for non-compliance would the whole establishment be shut down. Mr. Faires stated that the resturant would be allowed to remain in operation. Bill Chapman asked how many square fee, is required per dining chair. Fred Ouellette said that 12 square feet per chair is required. Mr. Pappas stated that using 150 chairs at 12 square feet per chair a dining room could be 42 'x 42' and meet the minimum square footage requirment. Vice-Chairman Brian Chaney asked to tie down the changes in this ordinance before any motion was made. The changes are as follows: 1. Section 2. 3 Application for a special use permit must be made within 3 months of the date of passage of this ordinance. 2. Section 2. 5 Delete Golf and Country Clubs and nationally recognized social or fraternal organizations will be exempt only if recognized by the Texas Alcohol Commission. /q 3. Section 3. 1 Not less than sixty percent (.607.) of the gross receipts of such establishment shall be derived from the sale of food consumed on the premises. 4. Section 3. 2 A minimum of 120 dining seats will be allowed. 5. Section 3.6 Omitt. 6. Section 4. 1 The permittee of each Private Club in the city which has been in operation for at least six (6) months prior to a December 31st calendar year shall submitt to the City Manager or his duly authorized representative on a monthly basis, a copy of the report sent to the Texas Alcholic Beverage Commission and a copy of the sales tax report sent to the State Comptroller. 7. Section 4. 2 It is unlawful for an establishment not to furnish the City with the above stated reports on a monthly basis. B. Section 4. 3 Omitt. 9. Section 4.4 Omitt. Bill Chapman made a motion to pass this ordinance with the above mentioned changes. Ken Mauk seconded the motion. Motion carried 5-0. ITEM NO. 3 - RECOMMENDATION TO COUNCIL ON SIGN ORDINANCE — Mr. Pappas stated that this document isAloeing presented to the Planning and Zoning Commission at the request of the City Council and will be an amendment to the Zoning Ordinance. Vice-Chairman Brian Chaney asked to tie down any changes to this ordinance before an motion is made. Changes are as follows: 1 . Aritcle I, Section 1, Paragraph 3 - should read Gross Surface Area of Sign. 2. Article II, Section 2 - Reference made to temporary permits should be deleted 3. Article II, Section 12 - It shall be unlawful for any person, firm or corporation receiving such written notice etc. 4. Article III, Section 4 - Advertising signs shall not exceed four hundred (400) square feet where legal speed limits are in excess of 50 m. p.h.(2;30 Mr. Faires stated that he needed to add include, in this ordinance, the zoning classifications that these signs would be restricted to. Ken Mauk made a motion to approve this ordinance with the changes noted above. Ben Schoulz seconded the motion. Motion carried 5-0. ITEM NO.4 - RECOMMENDATION TO COUNCIL ON "CONDO" ORDINANCE - Mr. Faires stated that this ordinance pertains to structures that are 3 or more stories or are 30 feet or more in height. Mr. Pappas said that this is not covered in our present zoning ordinance and this will fill the hole and provide a minimum standard for structures of this nature. It was suggested that through Section 6 of this ordinance an amendment be made to the Current Zoning Ordinance in all subsections making reference to maximum height to read as follows: "except where said structures contain bedroom units. " Ben Schoulz made a motion to accept this ordinance with the above mentioned provision added. Fred Ouellette seconded the motion. Motion carried 5-0. ITEM NO. 5 - RECOMMENDATION TO AMENDMENT TO SUBDIVISION ORDINANCE PERTAINING TO MAXIMUM SLOPE & RETAINING WALLS - This item is on the agenda at the request of Wanda Bledsaw. Mr. Faires made reference to the SuNivision Ordinance Section 6, paragraph 5, "The maximum ground slope from the edge of the sidewalk on the property line side shall not exceed eleven percent (11%) . If it does exceed eleven percent ( 11%) a retaining wall shall be provided on the property line that is acceptable to the City Engineer. " He also made reference to a newsletter dated September 18, • 1986, under Construction Activity which explains this requirment. He stated that Mr. Bledsaw is on the mailing list and that he was aware of this ordinance when he aquired the building permit for the particular structure in question. Mr. Faires also provided data from the City Engineer to support this ordinance. Mr. Bledsaw said that he was concerned both as a homeowner and as a builder. As a homeowner in Quail Hollow where most of the homes are required to have retaining walls, I don ' t want them to build the retaining walls out of old railroad ties and logs which can be aquired cheep and in just a few years they are falling down and look terrible. As a builder, I don ' t want to be forced to spend $5, 000. 00 for a retaining wall every time I build a house. . Mr. Pappas stated that as of now there are no minimum specifications for retaining. walls and their are no provisions for an alternate means of compliance. Vice-Chairman Brian Chaney asked Mr. Bledsaw if he wanted the ordinance changed or specifications added for the retaining walls. Mr. Bledsaw said that he was offering to completely sod the front and side yards as an alternative to the retaining wall, however, he felt that some minimum standard should be set for retaining walls. He went on to say that sod was a good alternative to the retaining walls because the highway department uses sod to hold the soil on huge slopes by bridges. Vice-chairman Brian Chaney stated that along highways the state maintained any erosion problems and that an individual may not maintain such a problem. A retaining wall will last for several years without maintenance. Mr. Chaney asked that an item be put on the next agenda to consider minimum specifications for retaining walls. Mr. Pappas asked Mr. Bledsaw if he was offering to fully sod in lieu of building a retaining wall. Mr. Bledsaw said yes, if the slope is very bad the Federal National Mortgage Association (FNMA) and the Federal Housing Authority (FHA) will not let us build. Brian Chaney asked Mr. Bledsaw to get ,?the FHA and FNMA reguirments for the Planning and Zoning Commission so that they can be reviewed with the specifications for the retaining walls. No motion was made concerning this item. Mr. Pappas informed the Planning and Zoning Commission that the next meeting on January 22, 1987 would be a joint meeting with the Parks and Recreation Board concerning the Park Land Dedication Ordinance. • ITEM NO. 6 - ADJOURN - Ben Schoulz made a motion to adjourn the January 8, 1987 meeting .of the Planning and Zoning Commission. Vice-Chairman Brian Chaney seconded the motion. Motion carried 5-0. Brian Chaney, Vice-Chairman Planning & Zoning Commission Respectfully Submitted: .affadid‘4' ii.pe•hd) Amanda Maples, Secretary - ~- MINUTES PLANNING & ZONING COMMISSION CALLED MEETING THURSDAV, JANUARY 22, 1987 The Planning and Zoning Commission for the City of Wylie, Texas met in a called Meeting on January 22, 1987 in the Community Room at 800 Thomas Street. A quorum was present, notice of the meeting had been posted for the time and in the manner required by law. Those present were: Vice- Chairman Brian Chaney, Ben Scholz, Fred Ouellette, R. P. Miller, Jay Davis and Bill Chapman arrived late. Ken Mauk 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 Vice- Chairman Brian Chaney. �7 - Changes were made in Item no. 2, section 2. 5, should read ~_ as follows: Exemptions: Nationally recognized social or faternal organizations, as defined by the Texas Alcoholic Beverage Commission, are exempt from the acreage and food sales provisions of this section. Also in Item no. 5, paragraph 2, ''acquired cheap" was misspelled. ITEM-N]^ 2 - AMENDMENT -T{l S MUM g1Rj,AND RgIAINING WALLS - Mr. Pappas stated that he had done some research with surrounding cities concerning this ordinance and found that while there are different ways to measure the slope, and 11% slope is not excessive. As a general comment the staff believes that 11% is a good measurement. However, if the Planning and Zoning Commission wanted to give any credibility to sod, the staff feels that it should be full sod, not hydromulch and that the degrees should not vary more than 5% or less. He stated that if Planninq and Zoning wishes to amend this ordinance they might require that tiebacks be used on retaining walls and they could give some consideration to terracing the lawn Vice Chairman Brian Chaney stated, for the information of the new Planning and Zoning Members, that this item came before the board on January 8, 1987. The City requires _^ retaining walls to be used where the slope of a yard is more than 11%. Mr. Bledsaw is a builder who feels that a retaining wall is not the only answer to errosion. He feels that if a slope is not too definate, fully soding the front and side yard would be sufficent to prevent erposion. At