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03-19-1990 (Planning & Zoning) Minutes PLANNING AND ZONING MEETING MINUTES March 19, 1990 The Planning and Zoning Commission met in regular session on Monday, March 19 , 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 Bart Peddicord, Cecilia Wood, Bob Skipwith, Bobby Jennings , Richard Eckman, and Jim Ferguson. Staff members present were Code Enforcement Officer Roy Faires and Secretary Candi White. Chairman Brian Chaney called the meeting to order. CONSIDER APPROVAL OF MINUTES OF THE MARCH 5 , 1990 MEETING. No corrections were made to minutes . Chairman Chaney stated that the minutes would stand as written . CONSIDER RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF RE- ZONING 301 N. BALLARD/ 13/14/15 , BLOCK 3 OF THE BROWN AND BURNS ADDITION FROM SINGLE FAMILY TO B 1. Chairman Chaney stated that due to a conflict of interest on his part , he would have to abstain from this item in its entirety and turn it over to Vice Chairman Bart Peddicord . Chairman Chaney left the discussion. Cecelia Wood pointed out that the agenda did not list a public hearing . Mr. Faires stated that a public hearing is required and that it was announced in the paper but misprinted on the agenda . Vice Chairman Peddicord said that twenty-one (21) letters were mailed to property owners in the required area . Eight (8) were returned . According to those answered , there were two (2) in favor and six (6) against . Bill Lewis of 2614 S. Glenbrook in Garland, representing the Land Board , stated that the purpose of the re-zoning is to allow office space for the Land Board . After describing the six (6) rooms downstairs , Mr. Lewis advised that they wanted to use the office space behind the library room. There would be an entrance in the back, coming off Jefferson to alleviate any traffic congestion on Ballard and parking would be in the back. Mr. Lewis said that the location is attractive, there would be no traffic problem, and there would not be any deterioration to the area . Mr . Lewis stated that grass and flowers would be added and that would be an improvement to the area . Cecelia Wood asked Mr . Lewis how long the Land Board has owned the property. He answered one year . Ms . Wood also asked if the Land Board was aware of the zoning when they purchased the property. He answered yes. Ms . Woods asked if the Land Board knew they would require a zoning change . Mr . Lewis answered yes . Ms . Wood stated that usually people get zoning changed before building and wanted to know why that was not the case with the Land Board. Mr . Lewis explained that the Land Board, at the time, was in the middle of a law suit and it was not convenient . Ms . Wood asked Mr . Lewis what the office hours would be. He said that they would be regular office hours . The Land Board would be keeping all records there. Right now, they are scattered. Ms . Wood then asked a final question of why the Land Board was requesting B-1 rather than retail . Mr . Lewis stated that they did not want to sell anything. They feel that it would be a good buffer zone between B-2 Northside, Johnston' s and the residential area. The property will stay like it is except grass and trees would be added . Jim Ferguson asked Mr . Lewis a follow-up question on why the Land Board spent money on the property before re-zoning . Mr . Lewis answered that the intent of the Land Board was to use the property for business. Mr . Ferguson stated that they intended to use it for something it was not zoned for . Mr . Lewis stated that that was correct . He did not see any problem with that since the property had not been changed and only improved. Mr . Ferguson asked again why the Land Board had not tried to re-zone the property before they purchased it. Mr. Lewis stated again that they had been involved in a law suit and they did not think that that was a good time to see the Planning and Zoning Commission. He felt that it would put undue pressure on the Planning and Zoning Board as well as the Land Board . Mr . Ferguson asked that since the Land Board had stated that one portion of the building would be used as an office, what was the rest of the building designated for? Mr . Lewis stated that they do not have any specific plans at this time. He advised that only one other room could be used as a one or two desk office. They really do not know for sure until the re-zoning is decided . Mr . Lewis stated that they did not want a lot of people in the building . They do not see selling anything . Bobby Jennings then asked Mr . Lewis , if in fact , he foresaw someone else sharing that building with them in the future. Mr . Lewis said there was a chance but it would be a low impact business . Ms . Wood asked Mr . Lewis if this building would be considered a privately owned building or a public type Z building . Mr . Lewis said it was privately owned but would still be used publicly. He said that different organizations would be welcomed to use it . Mr. Jennings asked Mr . Lewis if it would be used by these organizations after 5 :00 in the evening . Mr . Lewis answered yes but the building is situated where it would not disturb anyone else. Mr . Jennings asked how many parking spaces were on the property. Mr . Lewis answered fifteen (15) . Vice Chairman Peddicord asked Mr . Faires if that number met the requirement of B-1 zoning. Mr . Faires answered that it depended on how many square feet of office space they had . Mr . Faires presumed that with the space Mr . Lewis was describing , fifteen (15) parking spaces would be ample. Vice Chairman Peddicord asked if anyone had any more questions for Mr . Lewis . No one did . He then asked if anyone else would like to speak for the re-zoning . Jim Swartz spoke for the re-zoning . Mr Swartz stated that there was a lot of money tied up in the building . He said that if the building remained residential , there was no way the house could be sold . He would like to hope that money could somehow get back out of the house for our children. Vice Chairman Peddicord asked if anyone would like to speak against the re-zoning . James L. Parker of 306 N. Ballard stated that he was against the re-zoning because he wants the block to remain zoned residential . He wanted to speak tonight to say again that he is against it . Vice Chairman Peddicord stated that Mr . Parker' s letter was item number six (#6) . Mr. Jennings asked if Mr. Parker lived across the street from the property. Mr . Parker answered that he did . Vice Chairman Peddicord asked if anyone else wanted to speak against the re-zoning . Marie Dillehay of 307 N . Ballard said she lived right next to it and did not think it should be used for business . It should stay like it is . Rita Smith of 401 N. Ballard stated that she had sent her letter in. Ms . Smith felt that Mr . Swartz had made a good point . Ms . Smith said that her point was to find a buyer and then ask for re-zoning . She did not know if changing the zoning now would help get the money back to where it belongs . Ms . Smith stated that she too wondered why re- zoning was not attempted before the purchase of the property. Ms . Smith stated that she had spent her own money on Ballard and did not want it used as anything but home. Ms . Smith said that she did not want her home to made commercial , that this was the old part of town and it should be left as residential . Vice-Chairman Peddicord closed the public hearing and asked the staff for their recommendations . Mr . Faires clarified the parking requirements . These requirements are set out very specifically in the zoning ordinance. Any encroachment on parking will be dealt with severely regardless of who the person is or the entity is that does that . In the event that they try to put more into this building than they have parking for , they will be cited the same as any citizen . That is for sure. Mr . Faires also spoke on the subject of other re-zoning in the block. Except in very rare cases, your property cannot be re-zoned without your request . This particular re-zoning of this particular property will have no bearing on the zoning of your particular property. Unless you or your heirs request it , your property will remain as you have it . Mr . Faires stated that while this is a controversial subject , after reviewing the application, the Planning and Zoning Commission would have to decide whether commercial growth should move north toward Brown and Ballard or south. Mr . Faires said he felt that the Planning and Zoning Commission could make a positive step for the future. Mr . Faires pointed out that the sales tax had been raised to fund an economic development board and that access to a building, such as the one the Land Board has proposed, would be received well by prospective industries coming into the area . Mr . Jennings stated that the zoning ordinance had a section under single family that allowed for public buildings such as libraries and schools. He asked if it was really necessary to change the zoning of this property. Mr . Faires advised that the Land Board was a private trust and could not be considered as a public building . Mr . Jennings stated that he had mixed feelings about this property. He stated that he felt sympathy for those residents but also felt that the property is an asset to the city as well in its current condition. Mr . Jennings advised that he was a little miffed as to why the Land Board did not come before this Board when the house was purchased knowing full well that the house was to be used as an office at that time. Mr . Jennings stated that he was not sure where he stands on this issue yet . Ms . Wood brought up the section of the zoning ordinance under single family, specific uses public and private and wanted to know if this property could be classified under this . Mr . Faires answered none of those. Ms . Wood asked what does the land use plan have for this . Mr . Faires said that the land use plan is for property outside the city and not within it . Ms . Wood asked if the Land Board was applying for a B-1 which permits outside sales . Mr . Faires answered no, B-2 permits outside sales . The Land Board is asking for a B-1 which permits limited outside storage. Ms . Wood wanted to know why they do not just apply for retail if it will just be offices. Mr. Faires said that with B-2 across the street , it would be a natural transition from B-2 to B-1 . Mr . Faires added that they would fit under retail with their proposed use and that was an option for this Board . It could be used to restrict the activity at the location. Ms . Wood then asked if they would have to have a six (6) foot fence. Mr . Faires said yes they would around the rear and between the residential . To not have one would be an offense . Bob Skipwith stated that the timing of the request bothers him. He stated that he could not imagine any business man spending the amount of money that has been spent on this property and not bringing it before the city beforehand . Mr . Skipwith was also concerned that if this Board and the City Council approves the B-i zoning, it would then be out of our hands . That as long as they had the parking , they can put as many offices as they want in the building . If someone else were to buy it , they could do what they wanted to as long as it was within the B-1 zoning . Mr . Skipwith asked if this was spot zoning . Mr . Faires answered that is was not . He added that this would have bothered him if it went retail because if the balance of the block had gone into heavier zoning then this would have been spot zoning . That is one reason to go for B-1 instead of retail because of the possible future spot zoning case . Mr . Skipwith stated that he was concerned that the citizens of Wylie were led to believe that the building was being restored for the good of Wylie and now they want to put offices in it. He felt that this Board is looking at Wylie as a whole but he also feels bad for the residents around this home. He also said that he would feel sorry for the Land Board if this Board did not approve the re-zoning after so much money was put into it . Mr . Skipwith stated that it /8 was hard for him to recommend that the zoning be changed for these reasons . Jim Ferguson said he felt that when any entity purchases property and intends to change the use of the land , they should follow the rules of the community and the city in which they plan on doing business . Mr . Ferguson stated that he had a lot of concern for those citizens who sent their letters in and came to the meeting. This has been their homesteads for many years . He stated that his understanding is that if the zoning was changed on this property, it would not affect the other homes in the • area for zoning now or for your heirs or even if they sold to somebody else as residential . The city needs to decide if commercial use north of Jefferson is imminent and best for the city. It is a hard decision especially since this has become a political football instead of a simple zoning request . Vice Chairman Peddicord stated that he also thought the timing was bad but that a decision now had to be made. It was his opinion that the commercial growth would extend to the north whether the decision was made now or in the future. He said that he felt that the decision should be made that would benefit all the citizens of Wylie. He stated that this property re-zoned would be a great asset to the community and would be beneficial in bringing new business to the city. Ms . Wood sated that she was concerned about the growth of the business district going north. She stated that she had no problem with the property being used as described but if the zoning was changed to B-1 , we could have Morris' mob Motorcycle shop in their next week and we could not do anything about it . Ms . Wood said that she felt that that would not be fair to those residents in the area . Bobby Jennings asked Mr. Faires if this Board were to recommend to the City Council , could we place restrictions on the hours of business . Mr. Faires answered that it was not allowed in the zoning ordinance. You could recommend B- 1 , retail , or denial to council . Mr . Jennings stated that the request was commendable as Mr . Lewis and the Land Board were allowing meetings to be held in the building , but he was concerned about meetings being held late at night with cars all around. Mr . Jennings also stated that he thought this proposed use fit better under retail . Ms . Woods motioned for a recommendation that the request be denied . Mr . Skipwith seconded the motion . Mr . Skipwith added that he felt that the proposal would hurt the long time citizens of the area . Vice-Chairman Peddicord took vote. Motion was carried to deny recommendation of re-zoning four to two. Chairman Brian Chaney took over the meeting . CONSIDER RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF A SPECIFIC USE PERMIT FOR OUTSIDE PLANT SALES AND OUTSIDE SALE OF FEED AND SEED, ITEMS IN CONJUNCTION WITH THE FEED AND SEED STORE AT 207 N. HWY. 78/ LOTS 1 AND 2l BLOCK 20 OF THE RAILROAD ADDITION. Mr . Chaney stated that a one (1) year specific use permit was issued last year. The heighths and types of materials and the placement of those materials were outlined because of fears of blocking of line of vision to vehicles and parking problems . Chairman Chaney opened the public hearing . He asked if anybody wished to speak for this item. No one did. He asked if anybody wished to speak against this item. No one did . Chairman Chaney closed the public hearing and brought it to discussion of the Board . Chairman Chaney asked Mr . Faires if the staff had the plan that was approved last year . Mr . Faires stated that he did not but that everything had been close to compliance to what the Board had requested last year . Chairman Chaney read into the record that of the seventeen (17) letters that were mailed out , one was returned and it was in favor. Mr . Skipwith asked if part of it was for limited outside sales . Chairman Chaney answered that this was just a renewal . It had to be limited to eighteen (18) months if it was temporary or leave it as is until the business ceases to exist . Mr . Skipwith stated that he had been by the business and he was pleased . Vice-Chairman Peddicord stated that he has noticed a number of vehicles for sale on the property and does not feel it is within the requirements of the specific use permit . Chairman Chaney stated that if the Board wished to approve this item, the stipulation could be made that he could not sell used vehicles out there. Chairman Chaney stated that he personally believed that Mr . Pool had taken good care of it and kept it organized. Vice- D Chairman Peddicord stated that he did not have a problem with it as long as he kept the used cars for sale off of it . Chairman Chaney asked if the Board wanted to grant the item for eighteen (18) months or grant him a specific use and not require him to re-file as long as he retained ownership. Mr . Skipwith stated that since Vice Chairman Peddicord brought up the used vehicles for sale on the property that the Board should give him another limited time so that the Board could control this aspect . Mr . Skipwith motioned for a recommendation that a specific use permit be extended for eighteen months . Vice Chairman Peddicord seconded the motion . The recommendation passed with all in favor . GENERAL DISCUSSION. Chairman Chaney asked if anyone had anything to discuss . Mr . Jennings thanked everyone for coming to the public hearing. He stated that he felt the house on Ballard had enhanced the look of Ballard St . He could not vote for recommendation at this time because he felt that the residents in the area had too much invested and he could not go against their wishes . Ms . Wood stated that it was nice to have people at the meeting besides the Board . She felt that the house on Ballard is also an asset to the community and that someday it may be used as an office. Ms. Wood asked about the status of Freeman Millican who came and talked to the Board about some capital improvement things. Mr. Faires stated that it was an impact study and they were still studying . Ms . Wood saw in the paper that Morrow put in a yard and Council approved . She wanted to know why he did not come through the Board. Mr . Faires stated that the Council did not require that he do so . Mr . Jennings stated that he thought that Council wanted it to come back to the Board to see if that use was appropriate. Chairman Chaney stated for the record and for those present that the Board is strictly an advisory board. When the Board denies an item, it will take seventy-five percent (75%) of the Council to approve the item unless it is brought before the Board again for a new hearing . Vice Chairman Peddicord asked what had happened to the Emergency Procedures program. Chairman Chaney stated that Mr . Faires has several pamphlets to look at. The problem is more involved than the Board first thought . 672 / Mr . Faires stated that he did have a group of pamphlets in the city hall . Mr . Ferguson thanked everyone for coming tonight . He stated that the decision made tonight was a hard one to make. He also mentioned that he had not had the opportunity to do much on the landscape ordinance. Mr. Ferguson also stated that sometime in the near future we may be able to look at excusing the downtown area from all ordinances . Mr . Skipwith thanked everyone for coming out also . He stated that it might be a good idea to show up before the City Council whether you are for it or not . It is not final until the City Council votes on it . ADJOURN. The motion was made for adjournment by Cecelia Wood and seconded by Jim Ferguson with all members in favor . Brian Chaney, Chairman Respectfully submitted , Can i White, Secretary C