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09-17-1990 (Planning & Zoning) Minutes PLANNING AND ZONING MEETING MINUTES SEPTEMBER 17 , 1990 The City of Wylie Planning and Zoning Commission met in regular session at 7:00 p .m . on Monday , September 17 , 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 Chairman Bart Peddicord , Vice Chairperson Cecelia Wood , Richard Eckman , Bobby Jennings , Cleo Adams , Robert Flint and Kent Crane . Staff members present were Director of Community Development and Planning Ed Richie and Secretary Sandy Stevens . CONSIDER APPROVAL OF MINUTES OF THE AUGUST 20 , 1990 MEETING . Chairman Bart Peddicord corrected the third sentence of the fifth paragraph on the second page to read "Chairman Peddicord said the comments made by the members were not repeatable and he felt they were opposed to any Landscape Ordinance" . Bobby Jennings made a motion to accept the minutes as corrected . Cleo Adams seconded the motion . Motion carried with all in favor . CONDUCT PUBLIC HEARING FOR ZONE CHANGE FROM "SF-3" , SINGLE FAMILY-3 , TO "0" , PROFESSIONAL OFFICES AT 301 N . BALLARD , LOTS 13 , 14 , 15 , BLOCK 3 OF THE BROWN & BURNS ADDITION AS REQUESTED BY THE BIRMINGHAM LAND BOARD TRUST . Chairman Peddicord opened the Public Hearing asking for anyone present to speak in favor of the zone change to state their name and reason for being present . Mr . Bill Lewis stated he is the Executive Director of the Birmingham Land Board Trust . He said the Board wants to put their low impact Professional Office at the location . Mr . Lewis displayed a chart showing the neighborhood of the house , with all propertyowners in favor of the zone change marked in green and those opposed marked in yellow . Vice Chairperson Wood asked Mr . Lewis how many property owners actually live in the neighborhood , Mr . Lewis pointed out seven residences on the chart where the owners live . Mr . Kent Crane asked if the Board has any intentions to lease out office space . Mr . Lewis said not at this time , but if they decide to do so in the future , it would be to no more than 2 or 3 other low impact offices . Vice Chairperson Wood asked Mr . Richie if there is anything they want to do that can 't be done with the Residential c/ zoning . Mr . Richie read a list of acceptable uses in a Residential zone . He added that they could not have the Land Board Office . Vice Chairperson Wood asked if they could have a museum with an office . Mr . Richie stated that they could . Mr . John Spillyards stated that he lives at 301 N . Jackson , two doors from the property and that he is in favor of the zoning . He added that it is across the street from other businesses and on one of the busiest streets in town . Mrs . Frances Stevens stated that she lives at 302 N . Ballard and is in favor of the zone change . She said the Land Board is made up of professional people who will use it for professional reasons . Chairman Peddicord asked for those present to speak against the zone change to state their names and reasons . Mr . James L . Parker said he lives at 306 N . Ballard . He stated that this is the fourth meeting he has attended and he is still against the rezoning to Professional Offices for the same reasons he stated before . Mr . Crane asked Mr . Parker if his opposition toward Professional offices is for preservation of the neighborhood or because of the way things happened . Mr . Parker replied for both reasons ; he wants to see neighborhood remain as is and also because things were not handled properly . Mrs . Rita Smith stated she lives at 401 N . Ballard and is opposed to the zone change . She added that she bought her personal home in a Residential neighborhood and wants it to remain the same . Mrs . Smith said a need for a zone change needs to be shown before changing zoning in a Residential area and there is plenty of space available in the City without changing this zoning . She also added that zoning is to protect the property owners and sufficient reason nor need has been shown to change a beautiful building into offices . Mrs . Marie Dillehay said she lives at 307 N . Ballard and wants the area to stay Residential . Vice Chairperson Wood asked Mrs . Dillehay how long she has lived at her present address . Mrs . Dillehay replied she has lived at her current address for over fifty years and in the City of Wylie all her life . Mr . Jennings asked Mrs . Dillehay if the Land Board had corrected the problems she had stated at the last meeting . Mrs . Dillehay replied they had not . Mr . Lewis said the sprinkler heads had been changed that afternoon . Chairman Peddicord closed the Public Hearing . gag CONSIDER RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF A ZONE CHANGE FROM "SF-3" , SINGLE FAMILY-3, TO "0" , PROFESSIONAL OFFICES AT 301 N . BALLARD , LOTS 13 , 14 , 15 , BLOCK 3 OF THE BROWN & BURNS ADDITION AS REQUESTED BY THE. BIRMINGHAM LAND BOARD TRUST . Mr . Jennings stated that the Professional office zoning was not created for that house alone , but because Wylie needs such a zone . He added that the contingent of residents is the house should be sold and money put back in Land Board Trust . He said the best way to do this is to sell it as an office because it would be get more money than a residence . Vice Chairperson Wood stated this is not a P & Z Board or City Council concern to take on the Land Board 's financial problems and it should not affect their decision . She also added that rezoning Residential areas of the City without total approval of the residents does not indicate progress and the first obligation of the P & Z Board is to the citizens . She said this is setting a precedence for other Residential areas . She answered why let one little old lady hold up progress by saying that is what our City 's made of , people , not businesses , not boards and not people who live in Dallas . She added that if all the residents agreed with the change she would also . Mr . Robert Flint said it doesn 't matter how much money was spent , it is should not be a driving force in determining a zoning . He also said it 's bad to set a precedent of granting a zone change because someone has spent a lot of money before seeking the zone change . He stated that the majority of residents opposed to the change live right next door or across the street . Mr . Cleo Adams stated he does not understand why the zoning was not taken care of before time , therefore he agrees with Cecelia 's decision . Mr . Kent Crane stated this is a tough political issue and the P & Z Board members are not politicians . He added that while he disagrees with the method , and the way it was done; doing something and then later trying to work out the details , he is not called on to voice his opinion on this board , but to decide the highest and best use of the property . He added the political decisions should be left to the City Council because that 's their job . He stated that even though he is unhappy with how everything evolved , he feels the best use of the property is the Office zoning . Bobby Jennings made a motion to recommend approval to City Council to change the zoning of 301 N . Ballard from "SF-3" to "0" . Richard Eckman seconded the motion . The motion carried with a vote of 4-3 , with Chairman Peddicord and 023 Kent Crane also voting in favor of . Vice Chairperson Cecelia Wood , Cleo Adams and Robert Flint voted against the motion . CONSIDER RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF FINAL PLAT OF MARTINEZ ADDITION PHASE II . Mr . Jennings asked Mr . Richie if there were any significant changes since the last plat . Mr . Richie stated the only change was a minor move of a fire hydrant . Mr . Crane asked if the proposed businesses that would back Holiday Terrace would be required to have back screening . Mr . Richie answered they would , either at time of building permit or development stage . Mr . Crane asked if there was a road into it that would meet the City 's ingress and egress requirements and who would maintain it . Mr . Richie said there is a private access easement from Kirby that does meet the ingress and egress requirements . He added that it is a private easement so it is not the City 's responsibilty to maintain it . Mr . Crane asked if there has been any talk about changing F .M . 544 to go down Kirby . Mr . Richie replied no , that it goes down Ballard . Vice Chairperson Wood made a motion to approve recommendation to City Council the final plat of the Martinez Addition Phase II . Bobby Jennings seconded the motion . The motion carried with all in favor . DISCUSS AND CONSIDER RECOMMENDATION TO CITY COUNCIL III REGARD TO ELIMINATION OF EXTRA TERRITORIAL JURISDICTION OF BRANCH PENINSULA AREA . Mr . Paul Tucker voiced several reasons for the residents of the Branch Peninsula asking to be deannexed from Wylie 's ETJ . Chairman Peddicord pointed out a letter received from Rob Dillard stating the city 's right to disannex or fix boundaries without notifying residents by enactment of an Ordinance by City Council . After much discussion of any legal ramifications , code enforcement , quality of development , and proof of injury to other property rights , Mr . Kent Crane made a motion to recommend to City Council to release from Wylie 's ETJ the the Branch Peninsula area . MR . Cleo Adams seconded the motion . The motion carried with all members in favor . ADJOURN . Meeting was adjourned with all members in favor . Bart Peddicord , Chairman Respectfully submitted , Sandy Stevens , Secretary a?5