05-07-1990 (Planning & Zoning) Agenda Packet DATE POSTED 5-4-90
TIME POSTED 3:00 P.M.
AGENDA
PLANNING AND ZONING BOARD
MEETING AS ADVISORY COMMITTEE
ON SB336 CITY OF WYLIE, TEXAS
MONDAY, MAY 7, 1990
7:00 PM COUNCIL CHAMBERS
MUNICIPAL COMPLEX
2000 HWY. 78 NORTH
CALL TO ORDER
_ ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1 - 8 Consider approval of Minutes
of April 16, 1990 Meeting
2 Presentation of the Land Use
Assumption and Capital
Recovery Program
General Discussion
4 Adiourn
PLANNING AND ZONING MEETING
MINUTES
APRIL 16, 1990
The Planning and Zoning Commission met in regular session on
Monday, April 16, 1990, in the Council Chambers of the
Municipal Complex . A quorum was present and notice of the
meeting had been posted in the time and manner required by
law. Members present were Chairman Brian Chaney, Vice
Chairman Ear_'" PSt1;licord, Bob Ckipwith, Jim Ferguson, Cecelia
Wood and Richard Eckman. Staff members present were Code
Enforcement Officer Roy Fai r-ee and Secretary Sandy Stevens.
Chairman Brian Chaney called the meeting to order.
CONSIDER APPROVAL OF MINUTES OF APRIL 2L 1990 MEETING. No
corrections were made to minutes.. Vice Chairman Peddicord
made a motion to approve the minutes as they stand. Mr. Jim
Ferguson seconded the motion. Motion carried with all in
favor.
CONDUCT PUBLIC HEARING ON REZONING 301 N. BALLARD, LOTS 13,
14 AND 15, BLOCK 3 OF THE BROWN AND BURNS ADDITION FROM
SINGLE FAMILY TO RETAIL. Chairman Briar! Chaney turned the
meeting over to Vice Chairman Bart F'eddicord due to a
conflict of interest on his part .
art
Vice Chei rm_'in Pedd i cr_r-d read the list of Retail uses so
everyone would understand what is allowed in the
classification. The list consists of banks or savings `'•<
loans w!wo drive thrus; clinic, medical or dental ;
laboratory, medical or dental ; office, general ; optical
shop ; studio, art , mu_ic, drama, speech; letter ?! mimeograph
shop; garden shop _. plant sales, inside; veterinarian
office no hospital ; florist shop; antique shop, enclosed;
be k:ery or confection shop, retail ; barber or beauty shop;
book , camera or card store; clothing & apparel store;
clsanini_ & laundry pick-up station;; discount, variety or
department store; drug store; drapery, needlework or weaving
shop; supermarket; furniture and appliance; handicraft or
hobby shop; key shop; laundry or dry cleaning, self-service;
health studio; paint, wallpaper ?! hardware; personal service
shop; photography studio; shoe repair; resturant w/wo drive
in service; tool rental , inside only; auto parts and
accessories, new; medical appliances, fitting and sales; bus
pickup point; motion picture theatre, indoor; hotel or
motel ; public buildings including fire stations °•: library;
private or business radio tower; water reservoirs, pumping
plants & wells; telephone or utility i t•�
. F' t y business office;
telephone exchange, switching & transmitting equipment ;
sewage pumping or lift station; church, synagogue or
t
rectory; school , private or public; day nursery or child
_are reenter ; hospital; lodce- or fraternal organization
nursing home or r elcence for the aged; electrical
gran mi_si cr; i i n S '! substation; ri'f h_a1 e_ t` itr-:es=-
centers;
public ewi nmi nre pool indoor/outdoor ; radio, v appliance
shun.
Vice Chairman Peddi`'_r d stated that 21 letters
were mailed
out ; 11 were returned, 4 in favor and 7 against the
rezoning.
Vice Chairman Peddi cord opened the Publ
ic l ].r Hearing as4::ir-!I] -for
anyone present to speak for the rezoning to come forward.
Mr. Bill Lewis_ 2.14 S. Glenbrook:, Garland, stated that he
-r
isrC';_:"e_;eii}ii-:t the Land Board in their request for Retail
z rn i n_. He stated that out _+f the 53-54 classes, they ere
only asking for 1 , for their office. He added that the house
is 95 years old ar:d will be there past th_;m, and the
re ents arolt 1 't 1 e st t that they have ever al ii-_d
_:id"�. _ -. n1 __ _. _: _a�IeJd t t t- ..{ r time
uses planned for the house. He explained that last he
for ! it • -i reasonsat
asked F--_ . t for obvious�t_ts r`. a. (it could d some
time be replaced with a gas station nr motorcycle _her) it
was turned down. He stated that Retail would serve the
Bi_:_. -d ' s purpose very well , allowing them to have their
=ffiHe there. He added that they wanted to improve the area
and TIe.!..e it an _._se+ t_ the city.'
Ms. Woods _..=: e=! if the Beard is e. private trust , in no way
connected with the =_r.'__'i or city. Mr. Lewis rep
Zied yes.Ms. Wood_: romme_nt,_d thata Public hiti idi ng is allowed in a
t _ked f there we any pr:_a ih_ - way
Residential;L r1 =r]nG, She r'_. :, i
to deed the hoi_!se ti• a C_lb i i c entity and then -m ,
- make
arrangements to use it -for for what they wanted. Mr. iewis
replied they, aren' t all owed to i deed the property ender- the
trust ferel docujlent -=-=.use 'it is e _or-p,_I_ ln'v_etment. not
an in_�'1:!lI!tj -1'r e ti'�_ -.t _ Me. Wo dam_ a ke_ '1 - they wcttld be
' i rowed tra a the -_ -- _ _ - - 1 eee
.- - l 1. -. _r ._. t v for r _.'?`- +t h e r' ��'�t a i ;_; -
listed. Mr. t __i44,:..ai s ens =reed the, p obadi iJcri_!.1 d not =-i th
h._u = because they' ve spent clot J'f t_-f _ t _+ _' __ rT. ,-- T }h'
house and went to use it themselves- ''.e. Wr_'--_ . _ - H,_
many parking pieces were available. ylr . - --- 1 i _J there
zon;- _ created `- l - - R2til - -
it , + rg.. to --_ onl-h-s - _ . -' - - to
l I : r _1 L
. _ R'. Lewis
to _
-- t - _r _ .if-it ,_!- _ _, r. -U-- - - - L.. - - -
'
e.p V i - Lhvir use. Y�-
7 � - 7l07ne- t Board,
it "c- seqtj7=E . No said they had
lzis� -.g part o� it to generate additional
LA 1L 1s- ' t esiaotia! at this time. He added that
.� s/ CeaAe to, it would be to someone who would fit
01 10` irlact area, like the Chamber of Commerce. Mr.
77 - cocmented that leasing it would have nothing to do
with the school functions. Mr. Lewis said they would like to
have FFA and FHA and other school clubs meet there with
their sponsors.
Mr . Ferguson asked why it was not brought forward for
rezoning when they had first acquired the facility. Mr.
Lewis said on the B-1 they were busy and didn' t break any
laws or codes, but on the Retail he immediately applied,
since learning from the B-1 . Mr. Lewis said he could only
apologize for not applying sooner on the B-1 .
Mr. Richard Eckman asked how many rooms the Board' s office
would occupy. Mr. Lewis said it would take up one at this
time. Mr . Eckman asked if the remainder of the house would
be left open for other uses. Mr. Lewis replied yes, they
would make it available for other uses, preferably the
Chamber of Commerce if they ' re interested. Mr. Eckman asked
how many people the largest room would accomodate for a
meeting . Mr. Lewis replied 15-20. He added that he feels it
is a gcod thing for the city, attractice, not a detriment.
He also said that some people are worried about their zoning
being changed but the house is the only location asking to
be c4a7ged.
Ms. Woods asked if they were given the Retail zoning and 6
months later someone offered them $2 million for the
property would they sell it. Mr. Lewis replied that that is
speculation. Ms. Woods said the members of the Trust Board
are selected and if replaced, moods might change, maybe
allowing it to be sold. Mr . Lewis repeated that it is
speculation and not what they have planned for it. He added
that the property itself dstermines its use. Mr. Eckman said
that lots of things change over the course of the years and
even thc.gh that is the way they feel now, it may not be
later ' Ms. Woods commented that the P & Z Board has an
obligation to be a planning board and do what is best for
the city. She added that the Board has an obligation also to
the property owners who abut it and have to live next door
to it because in two years the mood of the Land Board might
change' is. Woods said that we need to assure the residents
that what we are telling them will be there, will be what' s
there later, also. Mr. Lewis said that the Trust Fund
started in 19405 50 years ago, and it' ll still be here in 50
years. Ms. Woods asked if the Land Board anticipated Retail
or some other zoning, why a solid fence was not put up. Mr.
Lewis replied that if they get the zoning, 5. solid fence
will Le pet.� up.
r--
Mr . S i .with asked if the 15 parking spaces are ❑ r the
street . Mr". Lewis answered that they are in the back ,
parallel parking and just past the house is straight drive
in perking, with more parkinq on the side street.
Mr. John Spi l l;'_a.rd= +)1 N. Jackson, introduced himself f
as
beiric fnr the rezoni ng . He added that he is a board member
of Association o-' 7 ] Wylie andChairman of Wylie
e
the Historicalr•i__�_C_at_i� fi G- t.� vV'yll
Hieonic al Commission. He also said that this property and
the Pearson home located behind it are the historical homes
of the two men who settled Wylie. Mr. Spi l l yards expressed
that this home is a remarkable jai+t to Wylie and he is
astonished that anyone could object i t .
Ms. Woods asked him how lor±o he has lived in Wylie. Mr.
Spill ', ards. answered that he has lived here for four :ears:.
M=.. Woods explained that the reason the F' & . Board is so
careful is because through the years people have come in
with the best intentions and asked for rezoning. Then 6
months later, they are gone and the city h_.= acquired Coning
and bu si nesse' in places where they don' t want them. Mr.
Si ' _ , .erd'- replied '"h_+.t. the Land Board is a Trust Fund. the
hoard members are r epr-eser:tetiyes of the com±Tiunit', and
nE.]. ther are going to go out of business.
'"fir . i l 1. y err_=_ added that the f_nre around the propertyis a
replica of the 19th century fence that was originally there.
Mr. Fer qus.on asked Mr ds accurate t e•�pi 11 'yar how L r the
ra stor:et:ion is. Mr . Sp i l l ya rd=_ replied that a great deal of
money was spent on hi star i cai research and due to old
phot_eraphs still existing, the restoration is very
e _:_.+.r a.t e.
Mr- _ Skipwith asked Mr. Lewis if the property could be leased
to the City or school +for a period of time to assure the use
for the next 25-50 y='_a.r _. Mr. Lewis replied he did not kr-ow
if they could lease it to themselves or another entity with
a stipulation for its use
Mr. Faires asked if the structure could be designated as a
historical landmark as it presently stands. Mr. =pi l l yards
answered that the City Council would be the one to designate
it as such. Mr. Skipwith asked if the Land Board would
oppose a historical designation. Mr. Lewis said they would
like
ik= _ t , but it would d take more than L months and the Board ot -d
needs the office space now. Mr. Feires explained that the
State of Texas designates certain historical buildings under
a state law and once this is done no one can chance the
exterior of the building. Mr. Skipwith said that he' d be
hesitant to give a zoning with a "MAYBE we' ll _et a
historical marker- " . Mr . Lewis assured him that the,/ are
_ : �- _ _.bl r
t�rc.':-�..'.. r :+ honorable, +_ir�tr'i+Jrit Christian 1 =+.r people
on the Land
S :c:'r-fj whi_I have 1 � v-__ here for years. Mr . Ferguson asked Mr .
I_._i+.ir=.e i -- the historical society preserves the facility, can
e. nhanee the e;.t_r-i._r.. and if the 'It structure was
e
---__:t r-�_:':r i;i t_: < would there {,f!-_ 2i(�',r reference as !�n t'1'!ti I_�_._' of �;h!
lend ender the historical .. ..., _
_ guidelines. "!r= Fa.ir-es said in his
J_
c,;:,e1estimation they can ' t even hens a sign because that
G-:selci be f=h_.rig.ing the exterior and 7. t would be 11egel tic
to.a.ve .a Retail 7nning with restrictions, otherwise known I s
._;f :'!, a:_'±L zoning.
'-1 i. ee ; .heir ma-! R:sddi.cord called for anyone present to speak
against the zoning to Coma; forward.
Mrs. Marie Diliehs.y, _07 N. Ballard; states that she lives
next +Jt_ r to the hoe se. statedthat the
tlC_=•e. She t ,�tf_. =F-±t.. ice. against
rezoning belt+_:"se the'.,, may he'.'e something going on that she
doesn ' t approve of .
Mr . F_ro! .son asked her how she would feel about professional
r door. replied doesn' t
�_f i' +_'r=c. next Mrs.r'.- . L`i i 1 t=.'�'i c+.y that s h±e
want e lht nf stuff and prefers it remains Residential .
Mr . _ki owi th asked her how she feels about housebeing
thehe r�
desienatle:d hi st':'r'-ical and used as offices with the assurance
1.t_ - L
Iet ' +_ sill that wo ld oo in. M . Won—!_ asked Mr_, nil lehey
hows c would d feel f she - _ that
,I_�i_ 1 . _�e= could I be guaranteed�!-�t==�_! all would
be at the location is office'_. Mrs. Di l l eh_.y repeated that
if-' jLAf- - doesn't ..ant a !nt of '_-.+ I If't ehing on next a
Mrs. Rita Smith, 401 N. Ballard; asked that the _;oni iig not
be ch=. !'_e'd ii,nti 1 some concrete use is resented. The added
that _h•_ Land Board has !_If_er! without
anoffice t o r vl'._50
years
and should dls wait anothermonth -
c.�- � _. . l..1. tl I_ able '!_-_; or so until the
._ _+r±' cc can be chanced. She continued by saying zonit
g is to
protect the n_i chborhood and their neighborhood shouldn' t be
chance_ jest beta_,.=_ the Land Board needs office space. Mrs.
Smith said that the Mayor, being the rman of the Bo_.rd,
c u1 !-_ orohably have sr, c at City Hall and the Land Board
is
welenee _. the S_h I_t1 Adrnini strati on !of f i cc. The _ ntin+_+.ed
y. ---_ r1 ._ that. she fails to s any
hi7-Fif ffl the ehildren
_- _±_tr- =.cho.:la th thi ant 1rr_. h'he a''-±e t f -
_ _ �• - � --- � r-±_. �� has
±ot b�=e.n r es.tored! =o its oni of n l concept be!_au'_e she
doesn' t remember a fence or this paint color on the original
house and it won' t be original if it becomes a Retail
establishment . Mrs. Smith said she feels the Land Board has
acted secretly, unwisely and unworthy of the trust placed in
tccm= She added if it is changed to Retail they will no
longer_r have a. quiet, family oriented neighborhood, therefore
she sincerely hopes the zoning remains Residential .
M-. S=kipwith asked Mrs. Smith how she would feel if they
could g:±ar'antee the house would A .-I n - - t__ ..._ � s-.- remain __• is for the ne:. 7_
25 __ years with offices in i t. Mrs. Smith said she doesn' t
'
'
property that would protect the rights, priviledges and
privacy of the surrounding residents.
Mr . Skipwith expressed �is concern for the citizens who have
lived in the area for years. He said he would like to see
something done to prote7t the homeowners by setting up a new
zone for offices, rather than rezoning it Business or
Retail . He added that he feels to rezone it as requested
would be a slap in the face to the residents who have come
to the meetings twice . Mr . Skipwith also commented that he
is proud of what the Land Board has done to the house and
adds that it is an assst to Wylie.
Mr , Ferguson stated tFat the facility has enhanced our town
by adding a great value with its attractiveness and
providing wondurful meeting places and office spaces. He
said that the P & Z Board has to look at the whole issue
strictly on the basis that it is a zoning matter. Mr.
Ferguson thanked Mrs- Smith for providing the P & Z
Commission with the additional information. He wgrweJ that a
new zoning classification is needed to help protect the
rights of the residents in the neighborhood.
Ms. Woods stated that the house is an asset to the City of
Wylie, but again the residents have to be taken into
corsideration. She said she' d like to determine closely what
the building will be used for .
Mr . Eckman, also, said "e feels the house is an asset to the
City and citizens of Wylie. He added that it' s unfortunate
the Land Board didn' t seek zoning 14 months ago. He said
t"at after listening to both sides, he feels the best way to
become even more of an asset is to seek a Professional
04fice zoning to protect the interest of the long-time
citizens and then to maPs use of the establishment.
Vice Chairman Peddicor± said it is a beautiful spot . He
added that he is hesitant to limit it to only office spaces
because the rooms would hold small meetings of 15-20 people.
He expressed the value in using it for meetings along with
tKe office space.
M- . Ferguson made a motion to deny approval of
recommendation for the rezoning pending the arrival of a new
Classification. Mr. Skipwith seconded the motion. The motion
carried with all in favor.
Vice Chairman Bart Peddicord turned the meeting back over to
Chairman Chaney.
Chairman Chaney said that he wished to clarify a few items
far the citizens presert at the meeting' He explained that
the P & Z Board is appointed by the City Council . He added
that they are for recommendations only and any time an item
`
^
know and would like the Land Board to have the concern and
foreti`oaght to ask for special zoning , but that it would be
b2tter than a brcad Retail zoring.
Mr . JaMes Parker, 306 N. Ballard , stated that he' d been told
the property owners were wasting their time opposing the
rezoning. He added that he' d like to think they haven' t
wasted their time due to the fact that the Zoning Board and
City Council rejected the last request . Mr. Parker said he
opposes Retail for the same reasons he opposed B-1 , saying
that a business is a business whether you call it Retail or
B-1 '
Mr. Ferguson asked him how he' d feel if the facility was
specified for strictly office use. Mr. Parker said he would
consider accepting it, if it was zoned strictly for offices.
Mrs. Mickie Russell , 308 N. Ballard, stated that she has
lived at her present home for B years. She added that a lady
in the 500 block of N. Ballard said the Land Board' s house
did not stop her from buying her house recently, but that
she does not have that lady' s choice. Mrs. Russell said she
and four other widows live in the neighborhood and don' t'
have a7y option but to remain. Therefore, she added, she
doesn' t want the rezoning to change their neighborhood.
Ms. Woods asked Mrs. Russell if there was a zoning strictly
for offices how she would feel about it. Mrs. Russell said
that she' d talk it over with her neighbors and expressed she
wanted it to remain nice and quiet .
Rick Russell , 308 N. Ballard, asked what would be rezoned as
Retail . Vice Chairman Peddicord advised him that only the
one location was being rezoned and that property cannot be
rezoned without the property owner' s request.
Mr . Skipwith added that just 3 lots, 13, 14, and 15, were
teing rezoned.
Vice Chairman Bart Peddicord closed the Public Hearing.
CONSIDER RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF
REZONING 301 N. BALLARD, LOTS 13, 14, AND 15, BLOCK 3 OF THE
BROWN_AND_ BURNS ADDITION FROM SINGLE FAMILY TO RET-IL.
Vice Chairman Peddicord read a letter written by Bobby
Jennings to Chairman Brian Chaney voicing his opinion on the
proposed rezoning. Mr. Jenni7gs said he could not attend the
meeting due to a scheduling conflict. He stated that he
feels the improvements made to this property have enhanced
N. Ballard anf the City of Wylie. He also said that he' d
! ike to see this item withdrawn or tabled until a new
classification can be created that would enable the
Birmingham Land Board tc utilize the Building in the manner
they desire while setting limits for the use of this
requesL is denied , it takes a 75% majority vote of the Ot-
�
Touncil to ovsrrule it , tut if an item is app -cved, it t.'kvs
a 5 . % vote by City Council . Also, he said that as a citizen
of Wylie you always have the right tc come forward during a
Public Hearing, even if you live outside the 200' of
affected property. Pie added that the residents who live
within 200` of the affected property are notified by mail .
GENERAL_DISCUSSION� After passing out copies of tie
permitted uses lists, Mr . Faires explained that items the
members would like to see changed should be circled and this
would be put on the next agenda. He added that this agenda
item should be completed in 4-5 meetings. Chairman Chaney
advised the members to consider specific uses, explaining
that with specific uses you can limit business hours and set
time limits.
Vice Chairman Peddicord asked if the new classification
would be between Residential and Retail . Chairman Chaney
confirmed this. Mr. Faires said this will be the lowest
comme~cial zoning and will have the most restrictions.
W. Faires said that he met with the men from the Capital
Recovery Program on Friday and will receive an itinerary
from them soon.
ADJOURN Mr. Ferguson made a motion to adjourn. Ms. Woods
seconded the motion. Motion carried with all in favor.
_ ________
Brian Chaney, Chairman
Respectfully Submitted,
Sandy Stevens, Secretary
AF
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