08-28-1989 (Planning & Zoning) Minutes �
PLANNING AND ZONING MEETING
MINUTES
AUGUST 28, 1989
The Planning and Zoning Commission of the City of Wylie met
in regular session on Monday, August 28, 1989 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 Bart Peddicord, Bob Skipwith and Bobby
Jennings. Staff members present were Code Enforcement
Officer Roy Faires and Secretary Debbie Fletcher . Jim
Ferguson and Cecelia Wood were absent.
CONSIDER_APPROVAL_OF MINUTES_OF_THE_AUGUST_21�_1989_MEETING�
Chairman Chaney said on page 4, next to last paragraph,
second line "zoning-mean, use and need" should be "zoning
meaning, use and need" . Chairman Chaney asked for a motion
on this item. Vice Chairman Peddicord made a motion to
approve the minutes as corrected. Mr. Jennings seconded the
motion . The motion carried with all in favor .
CONDUCT_PUBLIC__HEARING_ON_THE_REQUEST_FOR_REPLAT_OF_LOTS_1,
~~ STONE_GROVE_PHASE_I_{REDUCIChaNG_THE-LOTS
FROM_FIVE__TO_FOUR__LOCATED_OFF__STONE_RD� Mr . ney said
nine letters were mailed out, one was returned and one was
in favor of replat.
Mr . Chaney stated this request has been before the Board
previously. He said the State requires any planned use
development, within the last five years of any replat , must
mail out letters of notification to all owners of the sub-
division.
Mr. Faires said this plat before the Board now has not
changed' The City Attorney stopped it at Council level
because of lack of notification. Mr. Faires said we have
now notified all the property owners of the sub division
about the plat, as is required by law. The staffs previous
recommendation for approval of this plat remains the some
and we still strongly recommend it be approved.
Chairman Chaney opened the public hearing with a request for
t|`e public to come forward if they would like to speak
ciLher in favor or against the plat request. Mr . Chaney
closed the public hearing since nobody came forward to speak
on this item.
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CONSIDER_APPROVAL_OF_RECOMMENDING_TO_CITY_COUNCIL_THE_REPLAT
FOR_LOTS__1�_2�_3�_4�_AND_5�_BLK_A_STONE_GROVE_PHASE_I� Mr^
Chaney asked to hear from the Board. Mr . Skipwith said any
time you increase the lots, he is for it . Mr . Skipwith made
a motion for the Board to recommend to the City Council that
they approve this change of the platting of Lots 1 , 2, 3, 4,
and 5, Block A Stone Grove Phase I . Mr . Jennings seconded
the motion. All were in favor .
CONDUCT_PUBLIC__HEARING_ON__RE�ZONING_REQUES1__FOR_1RAC1 -29�
ABSTRACT_2W_ATTERBERRY_SURVEY_TO_CHANGE_ZONING-FROM_SINGLE
FAMILY__3__{SF3}__TO__BUSINESS__ONE__{B�1}__LOCATED__ON _THE
SOUTHEAST_CORNER__OF_Q __BALLARD_ANDSTONE_ROAD, Chairman
Chaney asked Mr. Faires to give the Board some background on
this item. Mr. Faires said the area consisted of a two
block strip presently zoned SF3, also at the far western end
are duplexes for half a block . There are two half blocks of
SF3, there is a single corner lot for retail , also
approximately 2 acres of retail on the southwest corner.
Mr. Faires said you can always expect some cluster zoning
around major intersections'
Mr. Chaney mentioned that the two acres of retail was a
Planned Unit Development. Mr . Faires explained that
originally it was zoned for duplexes and had retail at the
� end of the duplexes. Mr. Faires then explained that we
changed the duplex to Planned Unit Development because of
the location.
Mr. Chaney read the results of the mail outs of this re-
zoning' He said 25 letters were mailed, 4 were returned
with 2 in favor and 2 against.
Mr . Faires state the requested re-zoning area is two blocks
long and there is a possibility of an unknown portion of the
land to be sold off almost immediately. Mr. Faires said he
suggested it should have been sub-divided prior to tho
application, but the person applying wanted the whole strip.
then he would sub-divide the area.
Before opening the public hearing Mr. Chaney stated that
anytime someone comes up for zoning or re zoning, we have
the option to go with the land use plan, with our own idea,
with the developers idea, or with a combination of the
options.
Chairman Chaney opened the public hearing by requesting ail.
wishing to speak in favor of the re-zoning to come forward.
Being "Uhl-at nobody came forward in favor, Mr. Chanev asked
for those against the re-zoning to come forward and state
- their name, address and why they are against this item.
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Mr . Larry Gooch came forward to speak against the re zoning.
Mr . Gooch lives at 203 Duncan Way and said he had verbal
approval to represent his neighbors, Johnny Neal Turner and
Anthony Boyd.
Mr. Gooch said his concerns regarding re zoning the propertv
to Business One (8-1 ) is that it will decrease his property
value and make it more difficult in the future to sale. Mr'
Gooch pointed out that his property is Blk 31 Lot 4° Mr.
Boyd' s is Blk 3, Lot 5 and Mr. Turner' s is Blk 3, Lot 6 and
the requested re-zoning adjoins to their backyards, Mr .
Gooch stated his concerns over this interrupting the privacy
of his family life since they use their backyards
frequently. He continued by saying his other concerns were
an increase in noise pollution, light pollution as a result
of lights needed to light business areas, increased traffic
congestion at the intersections of Stone Road and Ballard,
Stone Road and Second Street, Ballard and Pirate Drive and
Second Street and Pirate Drive. Mr. Gooch said these
streets are already congested because of the schools and bv
allowing business development, these streets will be
congested at all hours of the day. Another concern of his
is if a convenience store is brought into the area the
school children would spend time loitering in the area on
their way to and from school .
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Mr . Faires asked Mr . Gooch if he was aware of the portion of
the zoning ordinance which requires a minimum of five to six
foot fence to be erected by any commercial property between
them and any residential property. Mr . Gooch said he was
not aware of this fact. Mr. Faires asked Mr. Gooch if he
had any substantial proof , other that personal fears, of the
increase in traffic congestion. Mr. Gooch replied he did
not. Mr . Faires pointed out that in cases like this, where
it is based strictly on a persons personal fear rather that
something substantial , the courts have overturned the
decision of the Board. Mr. Faires said he feels that the
fear of traffic congestion and light pollution is not
something to worry about because the privacy of citizens
would be required.
Mr. Chaney closed the public hearing since there were no
further questions on this item.
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CONSIDER_APPROVAL__OF_RECOMMENDIN�__TO_CITYCOUNCIL_THE_RK
ZONING_OF__TRACT_29�__ABSTRACT_23�__ATTERBERRY__SURVEY__FROM
SINGLE_FAMILY_3_TO_BUSINESS_ONE, Mr . Chaney stated he feels
ing
cluster zon a more orderly, efficient and appealing
manner of zoning than is strip zoning, and in the past the
Board has expressed the same opinion. Mr . Chaney proposed
to the Board that if we have retail along the eastern
portion of Lot 29, if that line was drawn straight across
Lot 5A, having that portion commercial use and leaving the
rest SF3 would match the cluster zoning of Lot 09, directly
south of the eastern border of Ballard St . and Lot 31 , wkich
is already zoned retail , and Lot 7, which is zoned Single
Family. Mr. Chaney said this would enable the neighborhood
to enter along Stone Rd. and it would give protection to the
homeowners of Lots 7 through 1 . Mr. Chaney continued by
saying this would not require a sub-division at this time if
we zoned it two different zoning categories, although in the
future if they want to sell property separately, then they
would have to sub-divide.
Mr. Chaney s^id the zoning ordinance for B 1 allows for such
uses as plumbing, heating and air conditioning shops; radio,
TV or microwave towers; limited warehouses and distribution,
including mini or convenience warehouses. Mr . Chaney said
if this is zoned B-1 , the property owners have a legal
— option to use the land for any of the above mentioned
businesses. According to Mr . Chaney, the B-1 zoning is too
harsh and does not fit into the zoning of this area. Mr .
C!�*ey said if the Board agrees then this would also protect
Mr . Gooch' s concerns of having a business behind him and
would leave that to be sub-divided in the future for
homeowners.
M' . JeHxniogs stated he is in agreement with Mr. Chaney
because the B 1 zoning uses do not appear to fit with the
residential neighborhood.
Mr . Peddicord asked Mr. Faires how do we state to the
Council our recommendation for the re-zoning? Mr . Faires
said he would recommend a line be extended directiv North
from the Western edge of Lot 7, Blk 3 of Caldwell sub-
division to Stone Rd. , the area to the West of that line
being granted the 2-1 category, as requested, and the
balance remaining SF3. Mr' Chaney said he was thinking of
leaving the remainder of Blk 5A SF3 and then the section
from Lot 7 towards Ballard being retail since there is
already retail on Lots 79 and 31 . Mr . Faires said if the
property owner had bee" present, under these circumstances,
he would probably withdraw.
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Mr. Skipwith said since he is requesting the entire Blk 5A
to be B-11 how can we draw this up to be certain that the
Council does not interpret it to be the entire two blocks?
Mr . Faires said it is his understanding that development on
that corner, if he is granted 8-1 zoning, would begin almost
immediately.
Mr . Skipwith said he is not sold on it for the area and
asked Chairman Chaney to read list of zoning for B-1 again.
Mr . Chaney read zoning for B-1 into the record. General
purpgpeand The 8-1 business district is
intended predominately for commercial activities of service
nature which have similar operating characteristics (limited
outside or open storage) or traffic service requirements of
greater intensity that retail shopping and residential
environments. Use_Reoulatign.y. : A building or premise shall
be used only for the following purposes.
1 ' Use permitted in the "R" Retail District .
2. Gasoline service station or car care center.
3. Mortuary or funeral home.
4. Feed store.
5. Restaurant with drive-in service.
6. Secondhand, furniture, clothing store (indoor ) .
7. Quick service food or beverage shop.
— 8. Car wash.
9. Auto glass, muffler and seat cover .
10. Automobile or motorcycle sales (indoor) .
11 . Building material sales (indoor ) .
12. Radio, appliance, TV and lawn equipment repair .
13. Furniture repair .
14. Cabinet shop.
15. Newspaper or commercial printing.
16. Plumbing, heating and air conditioner shops .
17. Radio, TV or Microwave tower.
18. Limited warehousing and distribution (including mini or
convenience warehouses) .
W . Chaney said those are the allowed uses and there are
specific uses which would have to come before the Board for
specific use permit.
Mr . Skipwith asked how many businesses could be put in that
area? Mr. Chaney replied it depends on the business. There
is ample room to puL a business in, but they would be
limited on the type of business going in the area. Mr .
Faires said there is an indication for a convenience store
with gas lanes. Mr. Chaney said that is why he requested B-
1 zoning instead of retail and he is concerned that once
zoning is there anything on the list can go into the area.
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Mr . Chaney feels retail would fit with the cluster zoniog in
that area because it would be a lighter use, have lighter
traffic and maintain the integrity of the neighborhood by
the remainder being SF3.
Mr. Skipwith asked what is included in retail use? Mr .
Chaney read the zoning for "R" Retail District into the
record. GengEll_pULpgso and_Desw=igo: The "R" Retail
District is intended for neighborhood shopping facilities
which provide limited business service and office facilities
predominately for the convenience of residents of the
community. Ugq_Rggglqtig��: A building or premise shall be
used only for the following purposes,
1 . Banks or savings and loans.
2. Clinic, medical or dental .
3. Laboratory, medical or dental .
4. Office, general .
5. OpLical shop.
6. Studio, art , music, drama, speech.
7. Letter or mimeograph shop.
8. Garden shop and plant sales (inside) .
9. Veterinarian office (no hospital ) .
10. Florist shop.
11 . Antique shop (enclosed) .
- 12. Bakery or confection shop (retail ) .
13. Barber or beauty shop.
14. Book, camera or card shop.
15. Clothing and apparel store.
16. Cleanirg and laundry pick up station.
17. Discount , variety or department store.
18. Drug store.
19. Drapery, needlework or weaving shop.
20. Supermarket .
21 . Furniture and appliance.
22. Handicraft or hobby shop.
23. Key shop.
24. Laundry or dry cleaning (self service) .
25. Health studio.
26. Paint, wallpaper and hardware.
27. Personal service shop.
28. Photography studio.
29. Shoe repair .
30. Restaurant without drive in service.
31 . Tool rental (inside only) .
32. Auto parts and accessories (new) .
33. Medical appliances (fitting and sales) .
34. Bus pickup point .
35. Motion picture theatre (indoor ) .
36. Hotel or motel .
Public buildings including fire stations and library.
38. Private or business radio tower .
39. Water reservoirs, pumping plants and wells.
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40. Telephone or utility business office.
41 . Telephone exchange, switching and transmitting
equipment.
42. Sewage pumping or lift station.
43. Church Synagogue or Rectory.
44. School , private or public.
45. Day nursery, or child care center .
46. Hospital .
47. Lodge or fraternal organization.
AS. Nursing home or resident home for aged.
49. Electrical transmission lines and substation '
50. Health/Fitness centers.
51 . Public swimming pools ( indoor/outdoor) .
52. Radio, TV, appliance shop.
53. Other general retail sales of similar nature and
character provided that the business establishment is
subject to the following conditions:
a. That it be conducted wholly within an enclosed
building.
b. That required yards not be used for display, sale
or storage of merchandise, or for the storage of
vehicles, equipment, containers or waste material .
-~ L . That all merchandise be sold at retail on the
pPemises.
d. That such use not be objectionable because of odor,
excessive light , smoke, dust , noise, vibration or-
similar nuisance.
Mr . Chaney added that this was one of the concerns Mr . Gooch
had. He said a different option is to deny the approved
change of zoning and leave it as SF3.
Mr . Peddicord said we have started cluster zoning in the
area and that he is torn between B-1 and retail , but only on
that corner.
Mr. Faires said zoning is clearly a legislative function; jt
has the same force and effect as any other type of
legislative enactment. Thus, general principles of
statutory construction apply when interpreting zoning
ordinances. The guiding star in the interpretation of
zoning ordinance is the legislature' s intent as derived from
the entire statutory text . One Lime-honored maxim of
statutory interpretation used to divine legislative intent
is that of �������ig �����_��� ���lL��ig �lt��i��, which
means if you put it down one place, you can' t have it any
— place else. In a zoning context, the rule means that the
express mention of one use excludes by implication similar
matters not mentioned.
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Mr . Chaney said it is up to the Board to allow B 1 or retail
or to send that forward to the Council . Mr. Chanev then
asked about splitting it off at Lot / , the lot line closest
to Ballard St.
Mr . SkipwiLh said he had no problem with that as long as we
assure it does stop there. Mr. Peddicord said the Board as
a group agrees with splitting it off .
Mr . Jennings and Mr. Peddicord asked if we can require an
alley to be put in there for separation? Mr. Faires replied
yes, that would be part of the sub-division process if he
sells it off , but zoning can not require alleys.
Mr. Chaney asked if we can zone business up to where an
alley would be off of Lot 7 and then zone SF3 at the alley?
Mr . Faires said you can do it as long as you show your
intentions.
Mr. Peddicord asked is we could show out intent with
snmething to the Council about exactly what we are talking
aboutr
Mr. Chaney said we want zoning to go where an alley would
be.
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M' . Faires replied that the wording he would suggest is
whatever commercial zoning you desire within 20 ft. of a
line drawn due North of the Western most lot line of Lot 7,
Blk 3 of Caldwell sub-division, the area West of that line,
which is 20 ft . West of that lot line, to be zoned to
whatever commercial zoning you give it in order to allow an
alley upon sub-division.
Chairman Chaney asked the Board if they would like to see
the whole area B-1 or retail ?
Mr. Skipwith said he would like to clarify that on retail
they could have a convenience store, but no gas pumps. Mr .
Chaney answered they could not in retail . Mr. Jennings
noted that this area could not withstand the traffic or
types of activities produced by a gas station and because of
this it should stay retail .
Mr . Chaney said there is heavy congestion in that area when
school functions are going on. Mr. Faires agreed. Mr .
Chaney continued by saying there are crossing guards there
for the school kids, but motorists coming in and out of a
gas station is more hazardous than an enclosed parking area
for retail use.
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Mr. Skipw1th said another point in favor of retail of the
area over B-1 is the hours a convenience store is open.
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Mr . Peddicord said being that the other two corners are
retail , he sees no reason to change the other corner to
anything except retail .
Mr . Chaney asked if someone would like to make a motion on
the re-zoning request. Mr. Peddicord advised the Board to
consider approval of recommending to the City Council re-
zoning to Business One. Mr. Chaney pointed out to the
Board, that if they deny the request, they can put forth
their recommendation'
Mr . Faires suggested wording such as " I make a motion that
we deny the original request and substitute, therefore the
recommendation that beginning at a point 20 ft. West of the
Western most line of Lot 7, B} k 3 of Caldwell Addition, a
line being drawn directly due North to intersect with Stone
Rd. The area of Lot 5A, West of that line to be zoned and
the remainder of Lot 5A to be zoned SF3'
Mr . Chaney said he is open for a motion on this item. Mr .
Peddicord made a motion as retail .
At this point, Mr. Chaney pointed out that the preword
motion by Mr. Faires due to difficulty with the Western
portion being retail and that the Eastern portion of the
— noted line remain SF3. The reason for allowing the 20 ft.
is for a possible alleyway if and when this is sub divided.
Mr . Jennings seconded the motion. The motion carried with
all in favor .
DISCUSSION_OF__ZONING,_MEANING,__PURPOSE_AND_DIFFERENT_TYPES
AND_WHy. Chairman Chanev asked Mr. Faires to start this
discussion .
Mr. Faires said the Fnabling Legislature says the governing
body of a municipality wishing to exercise their authority
relating to zoning regulations in the zoning district
boundaries shall establish procedures for adopting and
enforcing regulations in boundaries in manner in which
parties and interests and citizens have an opportunity to be
heard beforc the 15th day before the date of the hearing.
Notice of the time and place must be published i // an
official oewspape, .
Mr . Faires said that a municipality having a Planning
Commission may use the Planning Commission for the Zoning
Commission. In Wylie, Planning and Zoning is a combined
operation . Mr. Faires said Wylie' s Charter, Article 9 says
the Planning and Zoni /o Commission shall :
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1 . Make and recommend to City Council a master plan to bc
used as a guide in considering ordinances for the
orderly development of the city. The Commission shall
not less than every five years review and recommend to
City Council amendments to the master plan of the city.
2. Recommend to City Council proposed ordinances and
amendments to ordinance regarding:
a. Plumbing
b . Zoning
c. E.nironmenta] quality
3. Recommend and review all platting and sub-division
proposals and make recommendation to City Council for
appropriate action.
Mr . Faires said zoning is a permissive ordinance which
simply says you can do this, you can gply do this.
Mr . Faires said in 1985, for developmental purpose the citv
tried to anticipate what would be the best use of the land
for future development . Mr. Chaney said an important tool
of zoning is using natural barriers such as creeks,
highways, railroads, flood plains, elevations and wooded
areas.
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Mr . Faires gave a brief description of the different
zonings, which are listed in the Zoning Ordinance book.
Mr. Jennings asked ' f we could discuss retaining walls at
one of the future meetings. In his sub-division there is a
problem with the retaining walls leaning towards and falling
onto the sidewalk . Mr . Jennings said that not only does
this look bad, but it is hazardous because of the children
playing in the area.
Mr . Chaoey said any member of the Board can request an item
r'n the agenda for future meetings.
Mr . Faires said he would prefer Mr . Homeyer to be present
for the retaining wall discussion.
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�r . Chaney asked if there were any more questions and
thanked Mr. Faires for his presentation. Since there were
no further business to discuss, Mr . Chaney asked for a
motion to adjourn. Mr . Skipwith made the motion to adjourn.
Mr . Peddicord seconded the motion. The motion to adjourn
carried with all in favor .
Brian Chaney, Chairman
Respectfully submitted,,
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Debbie Fletcher, Secretary
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PLANNING AND ZONING MEETING
MINUTES
OCTOBER 16, 1989
The Planning and Zoning Commission met in regular session on
Monday, October 16, 1989, 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 Vice Chairman Bart Peddicord,
Cecelia Wood, Bob Skipwith, Bobby Jennings and Jim Ferguson.
Staff members present were Code Enforcement Officer Roy
Faires, City Secretary Carolyn Jones and Secretary Sandy
Stevens.
Vice Chairman Bart Peddjcord called the meeting to order.
CITY_SECRETARY_TO-ADMINISTER_OATH_OF OFFICE_TO_NKLY
APPOINTED_MEMBER. Carolyn Jones administered Oath of
Office to newly appointed member, Richard Eckman.
CONSIDER_APPROVAL OF THE_MINUTES_OF_THE_AUGUST_70_1989
MEETING. Mr . Skipwith said that the word "lots" should
bc changed on the second page, first paragraph, second
sentence, to read "Mr . Skipwith said any time you increase
the lotsize, he is for it . "
Ms. Wood said that the word "sale" should be changed
on the third page, second paragraph, third line, to read
"Mr. Gooch said his concerns regarding re zoning the
property to Business One (B-1 ) is that it will decrease his
property value and make it more difficult in the future to
SUIT . "
M��. Wood also said the words " is" and "out " on the eighth
page, fifth paragraph, should be changed to read "Mr .
Peddicord asked if we could show our intent with sumething
to the Cuuncil about exactly what we are talking about. "
Ms. Wood also stated that the first sentence of the lift!)
paragraph on page nine should be corrected to read "At this
point , Mr. Chaney pointed out that the preworded motion by
Mr. Fazres was due to difficulty with the Western portion
being rotail and that the Eastern portion of the noted line
remain SF3. "
_
Mr , Peddicord said that the first sentence, fifth paragraph ,
on page two should be changed to read "Mr . Faires stated
that the requested re-zoning area is two blocks long and
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there is a possibility of an unknown portion of the land to
be sold off almost immediately. "
Mr' Peddicord also said that the last sentence in the fourth
paragraph on page three should read " Mr. Faires said he
feels that the fear of traffic congestion and light
pollution is not something to worry about because the
privacy of citizens would be required to be protected. "
W. Peddicord made a motion to approve the minutes with the
above corrections. Mr. Ferguson seconded the motion . The
motion was carried with all in favor .
CONDUCT_PUBLIC__HEARING_ON__THE_ZONING__OF_THE_PROPERTIES_ON
NORTH_SIDE_OF_F�_544_{ACROSS_FROM_STEELE_INDUSTRIAL_PARK}
32�419_ACRES__OUT_OF__THE_MOSES_SPARK_SURVEY_ZONING_BUSINESS
2. Mr. Peddicord said that twentyfour letters were
mailed out, two responded, one for , one against. Mr .
Peddicord opened the public hearing by requesting anyone
wishing to speak in favor of rezoning to come forward. No
one responded. Mr. Peddicord then asked for those against
rezoning to come forward.
_
Mr. Prnie Schultz stated that he wants property to remain
zoned Agricultural . He said he owns one and a half acres
along railroad on east end.
Mr. Faires advised Mr. Schultz that his property is not
included in rezoning.
Ms. Mary Jones asked for clarification of what B2 means.
Mr . Faires advised it is fairly close to what is there now.
He stated that it is the heaviest commercial zoning that
permits outside sales.
Ms. Jones asked if there are any plans to make it more
attractive. She stated she owns two hundred acres and
expressed concern over appearance of area.
Mr. Faires advised there is no landscape ordinance at this
time. The businesses now are pre-existing, non-conforming,
however , once legitimate zoning is reached, it will become
more conformed with what is permitted in this category.
Mr . Skipwith asked Ms. Jones where her ] and is located.
Ms. Jones explained her land is across the road (south of
514) and adjacent to Steele Park .
Mr. Kenneth McKinney statod his personal home is located on
Lot 7 at the McCord 6. He said B2 zoning is no problem but
-- expressed concern over what will be allowed. Mr . McKinney
advised that two wrecked cars with expired tags moved o/'to
Lot 8 that same day. Mr. Faires explained that a wrecking
yard is permitted only by Specific Use Permit in an
Industrial Zoned area. He added that the Ordinance defines a