07-01-1996 (Planning & Zoning) Minutes MINUTES
The Planning and Zoning Commission met in a Regular Business Meeting on July 1, 1996, at 6:30
p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North,
Wylie, Texas 75098. A quorum was present and a notice was posted in the time and manner required
by law.
COMMISSION MEMBERS PRESENT: Chairman Bart Peddicord, Steve Ahrens, Cecilia Wood,
Tim Owen, Stuart Allison, Rich Eckman and John Crowe.
ABSENT: None
STAFF MEMBERS PRESENT: Director of Community Development - Mike Phillips and
Secretary- Rebecca Rogers.
ACTION ITEMS
ITEM NO. 1: Consider approval of the Minutes from June 3, 1996 Regular Business Meeting. A
motion was made by John Crowe, seconded by Stuart Allison to accept the minutes with corrections
as noted. Motion passed, all in favor(7 votes).
Chairman Peddicord noted that all members (Rich Eckman, Tim Owen, Bart Peddicord and Cecilia
Wood) of the Commission whose term had expired had been re-appointed. Mike Phillips said that
a group swearing in would be held at City Council meeting on July 9, 1996. Chairman Peddicord
also stated that the election of officers would be held at the next P &Z meeting.
PUBLIC HEARING
ITEM NO. 1: Hold a Public Hearing and consider a recommendation to the City Council a
request from Richard Parker for a zone change from "A", Agriculture to "MF", Multi-Family for a
16.356 acre tract of land located at the southwest corner of Parker Road and Ballard Avenue and
further described as the W.D. Penny Survey, Abstract No. 696, Tracts 33 & 33-9. Chairman
Peddicord asked Mike Phillips, Director of Community Development if Staff had any
comments/recommendations regarding this request. John Crowe noted that the request was for
16.356 acres but the section of property itself is a 40 acre plot. Mike Phillips stated that there are
discrepancies in the actual lot size and what the map reads because the map is not updated every time
a piece of property is sold. Stuart Allison asked if any more questionnaires were returned and Mr.
Phillips said no (only one returned from Jack Parr).
Chairman Peddicord opened the Public Hearing and asked if anyone was present to speak for the
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zoning change request. Richard Parker, 630 Ballard Ave. (PO Box 307), Wylie, Texas, was present
to speak for the request. Mr. Parker stated that he feels that this an excellent location for an
apartment complex due to the area. Mr. Parker also feels that the apartments will expand the City's
tax base. Mr. Parker also owns some single family zoned property in the area that he intends to
develop in the future. Chairman Peddicord asked if anyone else was present to speak for the
request, no one else present.
Chairman Peddicord then asked for anyone present to speak against the request. Bill Downs, of 601
Parker Road,Wylie, Texas stated that he felt that this property was best used for single family homes
as planned in the Comprehensive Plan. Wylie already has 200 acres zoned for Multi-Family use
allowing 4,000 units, use those already zoned for Multi-family instead of changing zoning to
accommodate Mr. Parker. Apartments in that area will have a heavy impact on schools, police,
emergency services, and traffic. Parker Road(which is already heavily traveled) is a gateway to the
City of Wylie from the west and we have already have bad impressions when entering Wylie from FM
544 or Hwy. 78. Doesn't feel apartments in this area would be best for Wylie, feels that they would
be low cost housing units. Mr. Downs would like for the P & Z Commission to honor the
Comprehensive Plan. Cecilia Wood asked Mr. Downs if he received and returned the Public Hearing
notice, Mr. Downs responded that he did receive it and did not return it because he appeared here
tonight. Mr. Downs stated that he was surprised that none of his neighbors received any notification
of this requested change. Ms. Wood stated that there was a 200 feet requirement for notification
(must live within 200 ft. of the property in question). Mr. Downs asked if he was the only one who
received notice and did not feel that was adequate notification. Chairman Peddicord stated that these
are the rules and regulations that must be followed. John Crowe asked if Mr. Parr(the one person
who returned the notice)was sent the notice because he lived at 818 Foxwood Lane or because he
owned property within the 200 ft. of Mr. Parker's property. Mr. Phillips stated that he probably
owned property close to the property in question. Mr. Parker stated that Mr. Parr sold the property
to him. Mr. Downs asked what Mr. Parr's response to the notice was and Mr. Phillips replied that
it was in favor of the request.
Dean Humphreys, 106 Windsor Drive, Wylie, Texas (notified by Mr. Downs, not the City). Mr.
Humphreys feels that the City of Wylie developed the Master Plan for a reason and if it is deviated
from, a lot of problems will arise. Mr. Humphreys has noticed that apartment dwellers spend a lot
of time walking to convenience stores. With the proposed apartments, additional zone changes would
be required the accommodate retail. Mr. Humphreys would like the Zoning Commission to stick with
the Master Plan.
Chris Taylor, 129 Fairmount,Wylie, Texas (notified by Mr. Downs, not the City) Mr. Taylor stated
that Mr. Parker was in business to make money,he doesn't have to live in this area. Mr. Taylor asked
if anyone would want apartments in their backyard. He doesn't feel that this would be the best that
Wylie has to offer in apartment living. It may be good for the tax base initially, but you have to allow
for increased traffic and an increase in city services. Ms. Wood questioned how close Mr.
Humphreys lived to the cabinet shop and he responded that lived at the end of the block of Windsor,
in the cul-de-sac and that the back of his house faces a body shop.
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Lynn Tuggle, 103 Fairmount, Wylie, Texas(notified by the City). Ms. Tuggle moved to Wylie for
the country"feel",to get away from the city and appreciates where she lives. She did not move here
to be surrounded by apartments and feels that development of single family homes would be fine. Ms.
Tuggle would like to see the City stick with the Master Plan.
David Shaddox, 109 Fairmount,Wylie, Texas, works for Dallas County Sheriff's's Dept. Within his
job,Mr. Shaddox has seen and worked with people in the type of housing that Mr. Parker is planning
and does not want that type of housing in this community. Mr. Shaddox moved here from Garland
to start and raise a family in the atmosphere that Wylie has. He would like to see the City improved,
however, he would like for the City to stick with the Master Plan.
John Phillips, 126 Windsor Drive, Wylie, Texas(no notice received). Mr. John Phillips stated that
when you have that much concentration in a small area you start to have problems with crime and
domestic violence,heavy traffic, and all other kinds of problems. Mr. Phillips would like to keep this
a nice residential area.
Mary Shaddox, 109 Fairmount,Wylie, Texas(no notice received). Ms. Shaddox works in Greenville
and decided to move here after a good deal of research and a lot of her family has moved here. Ms.
Shaddox has previously lived in apartments and they are fine, but apartments do cause a lot of traffic,
lots of children running around, and constant in and out traffic. She stated that she paid as much for
rent as she now does for her mortgage and even with that type of apartment, you still have the
problems. Ms. Shaddox feels that no one wants to see apartments as they enter Wylie on Parker
Road. She would like to see Wylie grow, but not with apartment complexes. Develop the areas
already zoned for multi-family and stick with the Master Plan.
Darryl Morgeson, 122 Windsor,Wylie, Texas(no notice received), feels that Wylie should stick with
the Master Plan in regards to having single family dwellings there, not multi-family. Families take a
lot of pride in their yards and neighborhood and children have a nice place to grow up. Apartments
dwellers come and go. Develop what's already zoned for multi-family and develop single family
residential in this area as planned. We need to make a better statement for Wylie and take pride in
the community.
Mabel Cox for Joe Cox, 125 Windsor Drive, Wylie, Texas. Speaking for her son who was unable
to be here, stick with the Master Plan, schools will be overloaded and have a bad effect on the
children. Garrett Cox(son of Joe Cox), 125 Windsor Drive, Wylie, Texas, is a student in the Wylie
school system and feels that schools are already overcrowded and students are currently sitting on
the floor for classes. The addition of the new high school will alleviate the current problem, but if
apartments are added, this will continue the overcrowding of the schools, not improve it.
John Phillips, 126 Windsor Drive, Wylie, Texas, made a suggestion that this request be tabled until
everyone in the neighborhood can be notified. Chairman Peddicord stated that legal notification
requires that a property owner must live within 200 ft. of the property in question and reside within
the city limits and that is what the City has to go by. Mr. J. Phillips stated that the Commission
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should do something about the regulations. Ms. Wood stated that a limit was needed or everyone
in town would have to receive a mailing every time there was a zoning change. Mr. J. Phillips asked
about publishing the legal notice in the newspaper and Mr. Mike Phillips responded that it was
published in the Wylie Newspaper for two weeks prior to the meeting and that it was also posted on
the agenda board outside of city hall. Chairman Peddicord stated that this is what city code called
for and that is what the Commission adheres to. No one else was present to speak against the
request. Chairman Peddicord closed the Public Hearing.
Chairman Peddicord commented that apartments are not always public housing. <'Th4 quite a
difference from public housing and a nice upgraded apartment complex. Chairman Pe icord asked
Mike Phillips for comment. Mike Phillips stated that the Comprehensive Plan shows the area to be
residential and according to the development standards of the Comprehensive Plan, an apartment
complex would fit into those standards for residential. The Comprehensive Plan is a guideline that
can be changed to fit the needs. Chairman Peddicord noted that in the development standards of the
Comprehensive Plan, it states "housing should be dispersed so that no more 200 units are developed
in any one area". Chairman Peddicord didn't think there were any other units in that area., Mr.
Phillips confirmed this. Ms. Wood addressed the public and said that the P& Z meetings are held
fairly regularly and that it is nice to see them here tonight, but they should also come when it doesn't
directly involve them and see what goes on. Ms. Wood also spoke to everyone who spoke against
this request. Wylie was a nice, quiet country town but you cannot stop growth. Also, the Master
Plan has been changed several times over the years and it will continue to change as the economy,
the needs of the people, and the needs of the area changes. There is no reason to assume that every
person that rents an apartment is going to have 1 -7 children. A lot of people that live in apartments
are single and have no children. Lastly, if there is a property owner whose property is adjacent to a
zoning change and is opposed to it,Ms. Wood will oppose it. Mr. Downs said that he didn't hear any
one in the room tonight say that no growth would be appropriate for Wylie. The City of Wylie's
estimate on occupancy rate for apartment buildings is 3.5 and Mr. Downs would assume that
information was based on experience and not guessing. He realizes that not every one has children,
but with a 3.5 occupancy rate, there will be plenty of children. Ms. Wood asked if anyone had
considered that in single family zoning, a planned unit development with zero lot line homes that are
not much bigger than apartments could be developed. Mr.Downs asked if Ms. Wood would approve
that,Ms. Wood responded that she did not say whether she would approve it or not, but that it is a
possibility of what could be developed there. Mr. Downs asked if the Commission votes in private
and Chairman Peddicord responded that it is not private, but the Public Hearing is closed.
Chairman Peddicord asked for John Crowe's comments. Mr. Crowe responded that he had a figure
of 200 acres of property zoned for Multi-Family in Wylie and asked if that was accurate. Mr. Phillips
responded that it was. Mr. Crowe stated that Rockwall has a ceiling on apartments and no more
apartments allowed to be built there. If the City already has 200 acres that is zoned Multi-Family,
then it seems that there is enough land that is already zoned for Multi-Family. Since the
Comprehensive Plan calls for single family, he feels that is what it should remain. Ms. Wood stated
that there is some property across from Woodhollow that was originally zoned as Multi-family and
is now zoned Single family and she doesn't believe that the zoning map reflects that change. Steve
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Ahrens is in agreement regarding unsightliness of apartments as you enter on a main thoroughfare
into Wylie. He has a problem with FM 544 and how it looks coming into town and he doesn't want
that problem on Parker Road. Stuart Allison and Tim Owen had no comment. Rich Eckman agrees
that two of the three major arteries into the City of Wylie are, at this time, not very appealing with
the junk yards along those roads and he would hate to see a third artery look Iike this. A lot of time
and effort went into developing the Master Plan, a lot of thought given as to where the Multi-Family
areas of the City would be. Unless there is such a time that something significant warrants changing
those areas, he feels that the City should stick with the Master Plan at this time. Chairman Peddicord
stated that it has been expressed to him that more apartments are needed in Wylie, but is unsure why.
In regards to the impact on the schools, the opening of the new Wylie High School this fall should
eliminate that problem, as all of the schools in the W.I.S.D. are switching around because of the new
school opening and there should be plenty of classrooms for the students.
Chairman Peddicord asked if Mike Phillips had any other recommendations and Mr. Phillips
responded that he had none other than what was written in Staff Recommendations, which was "the
Comprehensive Plan recommends residential zoning for this area. However, if P&Z believes that
this Mutli-Family zoning meets the standards for multi-family development, it may warrant varying
from the Comprehensive Plans intent." Chairman Peddicord stated that the comprehensive plan is
merely a guideline that can be changed at any time. Mr. Phillips stated the development standards
of the Comprehensive Plan listed four items that are development standards for different land use
categories. Multi-Family, in the text of the Comprehensive Plan, is listed under Residential zoning
(it is a residential use). The items noted in the development standards are as follows: Locate Multi-
_ Family residential areas along arterial and major collectors, near neighborhood commercial services
and convenience activities centers. Whenever possible, Multi-Family housing residential should be
adjacent to major parks, green belts, private open space and recreation areas. Multi-Family housing
should be dispersed so that no more than 200 units are located in any one area, with in minimum
1,000 ft. separation between developments. Multi-Family housing should be dispersed within two
or more contiguous neighborhoods, so that no more than 400 units are clustered together." These
are the things that we refer to in our Staff Recommendations.
Mr. Eckman commented that what this board decides is not final. The board only makes a
recommendation to City Council. Mr. Eckman suggested that everyone attend the Council meeting
when this request is on the agenda because the Council will have the final say on approval or denial.
Chairman Peddicord noted that Staff stated that the use of Multi-Family would be preferred along
the proposed major thoroughfare that Parker Road will be become according to the Thoroughfare
Plan. Multi-Family offers a good buffer between a major thoroughfare and single family development
and is not indicated on the Land Use Plan. A motion was made by Steve Ahrens and seconded by
Stuart Allison, to deny a recommendation to the City Council a request from Richard Parker for a
zone change from"A", Agriculture to "MF", Multi-Family for a 16.356 acre tract of land located at
the southwest corner of Parker Road and Ballard Avenue and further described as the W.D. Penny
Survey, Abstract No. 696, Tracts 33 & 33-9. All in favor(7 votes), motion passed.
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CITIZEN PARTICIPATION
No citizen participation.
ADJOURNMENT
ADJOURN: A motion was made to adjourn by Cecilia Wood, seconded by Steve Ahrens. Motion
carried, all in favor(7 votes). Chairman Peddicord adjourned the meeting.
Respectfully submitted,
ems'
Bart Peddicord, Chairmanf--- Rebecca Rogers, Secreta
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