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07-16-1990 (Planning & Zoning) Minutes PLANNING AND ZONING MEETING MINUTES JULY 16, 1990 The City of Wylie Planning and Zoning Commission met in regular session at 7: 00 p. m. on Monday, July 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. Those present were Vice Chairman Bart F'eddicord, Members Bob Skipwith, Jim Ferguson, Cecelia Wood, Bobby Jennings and Richard Eckman. Staff members present were Code Enforcement Officer Ed Richie and Secretary Sandy Stevens. CONSIDER APPROVAL OF MINUTES OF THE JUNE 18, 1990 PLANNING_ AND ZONING MEETING. Vice Chairman Bart F'eddicord stated that on page 4, the second sentence in the sixth paragraph should read, "He also told Mr. Faires that an old tire had been in a hole in the parking lot owned by the Ladylike Shop on Ballard St. for quite some time and that it looked terrible" . Bobby Jennings made a motion to approve the minutes with the correction. Bob Skipwith seconded the motion. Motion carried with all in favor. ELECT CHAIRMAN FOR PLANNING AND ZONING COMMISSION. Vice Chairman Bart F'eddi cord explained that it is mandatory for the Planning and Zoning Commission to elect a Chairman and Vice Chairman on the first meeting in July. Bob Skipwith nominated Bart Peddicord for the position of Chairman. Bobby Jennings seconded the motion. Cecelia Wood made a motion for nomination to cease. Motion carried unanimously for Bart Peddi cord to be elected Chairman of Planning and Zoning Commission for the ensuing year. Bobby Jennings nominated Cecelia Wood for the position of • Vice Chairman. Jim Ferguson seconded the motion. Motion carried with all in favor for Cecelia Wood to be elected Vice Chairman of the Planning and Zoning Commission. CONDUCT PUBLIC HEARING FOR A SPECIFIC USE PERMIT FOR PROFESSIONAL OFFICES AT •301 N. BALLARD, LOTS 13, 14, 15, BLOCK 3- OF THE BROWN & BURNS ADDITION. Chairman F'eddicord asked speakers not to debate whether it was right or wrong for the Kreymer house to be redone as it has been. He added that they were there to conduct a public hearing on a specific use permit and that is all . Chairman Peddicord added that 22 letters were mailed out, 14 were returned, with 9 in favor and 5 against the Specific Use Permit. Chairman Peddicord asked for anyone wishing to speak in favor of the Specific Use Permit to step forward and state their name and address. Bill Lewis stated that he lives in Garland and is Executive Director for the Birmingham Land Board Trust. He said he is representing them in asking for the Specific Use Permit. He said that people in the area of the house are afraid of a zoning change because if the house is sold the new zoning would still be in effect. Therefore, he added that they are asking for a Specific Use Permit and then if they should ever sell it, the property would return to Residential . Mr. Lewis said they want to be good neighbors and intend to move their offices in immediately upon receiving zoning. He added that he was happy to see that over 50% of the letters were returned and of the return, 62% were in favor of the zoning. Bobby Jennings asked Mr. Richie if the new zoning, Professional Offices, would require a fence between the adjoining property of a different zoning classification. Mr. Richie stated that with a Specific Use Permit it does, as with any other Retail category, and without a Specific Use Permit, it requires a fence with the Special Use, that is at this board' s discretion. Mr. Jennings asked what type of fence it requires. Mr. Richie answered the same as Retail , a 6' sight bearing fence. Mr. Jennings asked Mr. Lewis if he had a problem with the fence requirement. Mr. Lewis stated that he thought the neighbors would have a problem with it because it would be unsightly. Bob Skipwith asked if the Specific Use Permit could be set up for a specific amount of time. Chairman Peddicord answered that it could be set up for a period of 1 year or more. Mr. Skipwith added that if it didn' t work out after that period of time they would not have to renew the permit. Mr. Jim Ferguson commented that this board and the Council went through a lot to produce a Professional Office use classification and asked Mr. Lewis if what he wants to do would fit into that zone. Mr. Lewis said he would prefer that but he understands the neighbors fear of what may happen if they leave and the zone remains. He said they fear who may move in. Mr. Skipwith said he feels it is better to have the Specific Use Permit because if the house were ever sold or destroyed, it would return to Single Family, but a new zone would be permanent. Mr. Ferguson replied that if the Specific Use Permit expires, there would be no way for the house to go back to Residential due to the cost. Chairman Peddicord said that with one year behind us the neighborhood will find out that the use isn' t so bad and then the Land Board can apply for rezoning. Vice Chairman Cecelia Wood asked Mr. Lewis what he has in mind for the house. Mr. Lewis said they plan to occupy the building with their offices and hold meetings there. Vice Chairman Wood asked Mr. Lewis to define Receptions and Special Occasions. She also asked if they would be a rental facility for such things. He replied he did not think so because it isn' t the Land Board' s business. Mr. Ferguson commented that the uses are better defined under the Professional Office ordinance, especially for the * - neighborhood. Mr. Jennings added that a lot of businesses were left out of the Professional Office zone because the Planning and Zoning Board felt they were too high impact for a Residential neighborhood. He added that to grant a Special Use Permit and discover that gatherings, falling under special occasions and gatherings, that would be disruptive to the neighborhood, were occurring in the evenings, would violate the intent that the Board had had in the Professional Office classification. Mr. Lewis stated that he did not anticipate that taking place and that Residential has more elasticity than the Specific Use. Mr. Ferguson replied that the Board has to look at the perimeters of what the zoning says can be done and if it includes special occasions and gatherings, what that encompasses and it' s impact on the neighborhood. Mr. Lewis said that November, 1990 is the 50th anniversary of the Trust and the Land Board would like to hold Open House, give awards to people who have served on the Board in the past and hang a picture of Mr. and Mrs. Birmingham over the mantle at that time. Mr. Ferguson said the neighbors would probably not have a problem with that , but the Planning and Zoning Board could not issue a Specific Use Permit allowing just the one Special Occasion. Mr. Lewis commented that he' d have alot more leeway if he moved into the house as Residential and opened an office in the back. Mr. Ferguson informed him that that was against the zoning also. He added that it should be approached as a Special Use facility. Mr. Lewis stated that is what he would be asking for if he thought it would pass. r � � Chairman Peddicord asked for anyone present to speak against the Specific Use Permit to step forward. Mr. James L. Parker stated that he lives at 306 N. Ballard. He said he is protesting the issuing of a Specific Use zoning to the Land Board Trust. He said that it would give them the same thing they were asking for in the first two zoning requests. Mr. Parker added that it means to him that they believe they are special enough to eventually get the zoning they need to occupy the house with their offices. He said that he understood the house was to be an investment only and if they were granted the zoning they could spend another couple hundred thousand dollars more, converting it all into offices. He added that by doing this they might be able to show a profit about the time that pigs start to fly. Mr. Parker said to let the property remain Residential . Vice Chairman Wood asked Mr. Parker if they had a Special Use Permit limiting it only to have offices and meetings for � the Birmingham Trust would he consider it okay. Mr. Parker replied no. Mrs. Rita Smith stated that she lives at 401 N. Ballard. Mrs. Smith added that at the first Council meeting the residents present were given an opportunity to speak their opposition to the zoning change, but at the second Council meeting the item was stricken from the agenda that night and the residents were never advised by the Council or Land Board that it had been removed. She stated that they are opposed to any zone change that would alter the Single Family designation. Mrs. Smith said it should not be the Zoning Board' s responsibility to change the Zoning for the Land Board' s convenience. She added that the Zoning Board has no legal or moral reason to rescue the Land Board from this predicament. She said that offices, parties and receptions would only add to the traffic problem. Mrs. Smith stated that she feels sufficient reason to change the zone has not been shown and she hopes the Zoning Board will vote no to this request. ^ Vice Chairman Wood explained that the request is for a Special Use Permit, not a zoning change. She asked Mrs. Smith how she would feel about a Specific Use Permit to be used only for the employees and trustees. Mrs. Smith replied she prefers it remains Residential and they could have an office in the home. Chairman Peddicord explained that you cannot have an office in a home and advertise it as such. Mr. Jennings stated that across the corner from Mrs. Smith' s property is Multi-Family zoning and he fails to see how Specific Use and Professional Offices could be any more of an impact than a Multi-Family dwelling. Mr. Jennings assured Mrs. Smith that the Board felt the same way she does initially. He added that they had painstakingly reviewed it very closely and every vote was very difficult in trying to do what is best for the citizens of Wylie. Mrs. Smith stated that she appreciates this and the efforts the Zoning Board has made, but as a matter of her own personal conviction she would keep it as Residential . Mrs. Marie Dillehay stated that she lives next door to that place. She said that she has contacted all of the Land Board members and asked them to meet her over there but not one ever showed up. She also said that due to the sprinklers, water has ran over into her garage causing the paint to peel . Mr. Jennings asked Mr. Lewis if he has ever spoken to Mrs. Dillehay about this problem. Mr. Lewis answered that he has spoken to her several times. He added that the sprinkler system is being fixed so it won' t run water into her garage. Mr. Lewis said there is a 4' ditch between the properties. Mrs. Dillehay said that when the ditch can' t hold the overflow it runs into her yard. Chairman Peddicord stated that the problem will be there regardless how the property is zoned. Vice Chairman Wood asked Mrs. Dillehay how she feels about letting the Land Board have just their meetings and offices at the house. Mrs. Dillehay replied as long as everything is quiet. She added that when Chuck Trimble was Mayor he told her he would raise her garage but it was never done. Mrs. Dillehay stated that in the last 37 years there had never been any water in her garage and now the water has ruined her foundation on that side and caused her siding to buckle. Mrs. Frances Stevens said she lives at 302 N. Ballard. She states that she has no problem with the Birmingham Land Trust house. She added that she feels the City of Wylie owes the Birmingham family some kind of memorial . Mrs. Stevens said she has a 19 space parking lot that they are welcome to use if they need to. She commented that this area is downtown Wylie with commercial all around them. Mr. Bob Skipwith asked Mrs. Stevens exactly where she lives. Mrs. Stevens said she has lived directly across the street from the house for 15 years. Chairman Peddicord closed the Public Hearing. CONSIDER RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF A SPECIFIC USE PERMIT FOR PROFESSIONAL OFFICES AT 301 N. BALLARD, LOTS 13, 14, 15, BLOCK 3 OF THE BROWN & BURNS - ADDITION. Chairman Peddicord said that the Public Hearing announcement states that the Specific Uses are office space, meetings, receptions, special occasion gatherings and if for any reason this property is sold, the property will revert back to Single Family. He added that the Board can issue a Special Use Permit for any length of time, normally 12-18 months. Vice Chairman Wood expressed concern over the differing requests, letters mailed out to the people said the request was for a Special Use Permit, but the application stated it was for rezoning instead of Special Use and Development. Chairman Peddicord pointed out that the application had been changed to Special Use per Mayor Akin. He asked Mr. Lewis if this was changed with his permission. Mr. Lewis agreed. Mr. Richie explained that the Professional Office is less restrictive than Residential and can always be made more restrictive at a Public Hearing, which it would be if used as Residential with a Specific Use Permit. Mr. Skipwith commented that this Committee has put a number of hours into this, the residents around the property have come out and voiced their opinions and Mr. Lewis and the Land Board have been tied up waiting for a decision several months. He added that he hoped both sides would understand whatever decision was reached. Mr. Skipwith added that his concern is still with the residents, but he feels the Special Use Permit is something they would still have control over and it also wouldn' t be permanent. He assured the neighbors that Chairman Peddicord would keep a close watch on it. Mr. Skipwith added that he feels the Special Use is the lesser of the evils. Mr. Skipwith advised Mrs. Dillehay to go to Public Works to try to get the drainage problems straightened out. Mr. Jim Ferguson said that the members of the Board have to be faced with what' s been done with the neighborhood and what' s been done with that facility. He added that one thing that creates a problem with him is that in the interest of creating a harmony, the Board came up with a Professional Office zoning and he feels that' s what it should be. He stated that there is no way it can ever be sold as a residence for that much money. Mr. Ferguson said that from his standpoint and on behalf of the community and the money that has already been spent from the Land Board and the students, the best thing to do is to put the money that has been spent to its best use which is a Professional Office facility because that limits the use of the property and limits the activity that can take place in the neighborhood. He added that there will be differences between the direct neighbors and the owners of the home, but that is not the concern of this Board. Mr. Ferguson said the concern of this Board is to do what is right for the property and neighborhood. In reference to the change in request from Professional Office to Specific Use, he stated that he feels it is ridiculous for the City Council to dictate what should be presented to this Board. He added that there may have been a lack of information provided, but in the Board' s endeavor to do what is right for everyone involved they have gotten all the information out. Mr. Ferguson said he cannot understand how this Board can be ignored after all the work they have done. He stated that in the best interest of the neighborhood and the property, he would vote for the Specific Use Permit even though he feels it is ridiculous. Vice Chairman Wood reminded everybody that the Board is not concerned with the finances of anyone who comes before them. She added that the decision is based on what is right, not what is financially best for the person making the request. Vice Chairman Wood stated that she has a problem voting for anything that a resident is against. She said she has a problem with the receptions and special occasion gatherings. She added that if this is to be a Specific Use, it should state for meetings and offices exclusively for employees and members of the Land Board. Vice Chairman Wood said it should be voted on with prejudice so it cannot come before the Board for another year. Mr. Bobby Jennings stated the reason this issue is still before this Board is because they are concerned about the neighbors. He said he does have a problem when a neighbor opposes a zoning because he respects their rights as landowners in the neighborhood. Mr. Jennings stated that he feels with this particular piece of property some political feelings became involved. He said that whether or not the Land Board made a right or wrong decision is not for the Board to say. He added that he' s disappointed that it is before them as a Specific Use because the Board had worked so hard on creating a Professional Office category, not only for them but also for others to help Wylie grow. Mr. Jennings stated that he believes it is a concession on Mr. Lewis' part and maybe to appease some of the neighbors in hopes that they would stand behind him when it was reviewed in a year. He added he would do what he feels is right for the citizens. Mr. Richard Eckman also expressed his disappointment that the Professional Offices was not used for this facility. He added that it is a good ordinance to protect the citizens in the erea. He stated that with the Special Use, he has a problem with receptions and the impact to the area during the reception. Chairman Peddicord commented that the Special Use Permit would give this Board and the Council an opportunity to review any problems that arise from it. c�3 Mr. Skipwith asked if they could put time limits on the permit. Chairman Peddicord answered not at this time because it was only presented as a Public Hearing with what they were asking for. Mr. Ferguson asked if they could ask for certain restrictions even though it had been publicized. Mr. Richie replied they could as long as it is more restrictive. Mr. Skipwith asked Mr. Lewis if he were considering having late receptions. Mr. Lewis stated no, but he doesn' t want it so restrictive that they can' t use the facility. Mr. Jennings asked Mr. Lewis if he was unhappy with the Professional Office ordinance and why he decided to go with the Specific Use. Mr. Lewis answered that he chose the Specific Use Permit because of the relinquishment of the zone if they ever moved out, the neighbors would be happier. Mr. Jennings replied that was why they made the Professional ' Office zone because it was more restrictive. He added that he has no problem with a meeting of 10-15 people until 11 : 00 -12: 00 at night because it would not be disruptive, but Cecelia' s concern is that a wedding reception would be rowdy to the neighborhood and that is not the intent of the Board. He added that should that ever happen another permit would not be issued. Mr. Ferguson stated that a Professional Office zoning would have better served the neighborhood than the Specific Use because the Specific Use would not limit it to that. Mr. Skipwith said the good thing about Specific Use is it can be limited. Mr. Ferguson replied that the Professional Office is already limited. Mr. Ferguson made a motion for recommendation to City Council for approval of a Specific Use Permit for specific uses at 301 N. Ballard, Lots IS, 14, 15, Block 3 of the Brown & Burns Addition for 12 months without Council intervention. Mr. Skipwith seconded the motion. Motion carried with 5 votes in favor and 1 vote by Vice Chairman Wood against. Chairman Peddicord thanked everyone who attended the meeting. DISCUSSION. Mr. Ferguson announced that this would be his last meeting. He explained that he has accepted a new position in Pennsylvania. He said he will miss the position on this Board because it has been quite fulfilling and interesting. He thanked all members of the Planning and Zoning Board for their time, effort and guidance. Mr. Ferguson also thanked Mr. Faires, commenting he is now in the Southland, for his assistance. He also stated his family will miss the town. Vice Chairman Wood said she is one of many to wish Mr. Ferguson a fond adieu. She added that Wylie has been better for him being here and giving of his time to the community. Vice Chairman Wood stated that she has enjoyed being on P & Z with him and disagreeing with him. She also thanked everyone for attending the meeting and asked that they come again just to see what the Board is doing. Mr. Jennings thanked the citizens and said he hoped they could see that the Board was concerned over their well- being. Mr. Jennings stated that Mr. Espinoza` s trailer is still on FM 544 with the sand and gravel . He said that he hasn' t been before the Board to request a Special Use Permit. He stated that Mr. Espinoza has been denied water and telephone service. Mr. Jennings said he doesn' t oppose the business ' being there, but Mr. Espinoza seems to be thumbing his nose .at this Board and the city. Mr. Jennings said he was upset because they had spent alot of time drafting a Professional Office classification, it had been approved by the City Council and in the first meeting with a candidate for the zoning, they don' t have a copy of the ordinance. He stated he would like to have a copy for his book. Mr. Jennings stated that it has been a pleasure to work with Mr. Ferguson. Mr. Richard Eckman thanked the citizens for showing up. He wished Mr. Ferguson good luck in his new endeavors. Mr. Eckman suggested meeting the applicants for the Planning & Zoning Board and have a question and answer time between them. Chairman Peddicord thanked the Board for putting their faith in him and stated that he is retired and has the time to put into it. Mr. Ferguson made a motion to adjourn. Mr. Eckman seconded. Motion carried with all in favor. Bart Peddicord, Chairman - Respectfully submitted, Sandy Stevens, Secretary