tag:blogger.com,1999:blog-2498525082522582900.post7657764471697911696..comments2024-03-22T16:02:08.213-05:00Comments on The Wheel: Drive Through GovernmentMark Stegerhttp://www.blogger.com/profile/02376182294736839659noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-2498525082522582900.post-71392954070535935232014-10-15T10:43:32.054-05:002014-10-15T10:43:32.054-05:00It seems that we are conflating several different ...It seems that we are conflating several different scenarios. If I buy a house next to a commercial use, it seems to me that I shouldn't complain when someone uses their inherent property rights to put a commercial use on that property. (as in, I move next to Love Field and then exclaim, "Oh, my, who knew that airports were so noisy!")<br /><br />If, on the other hand, the land next door is zoned to a lighter use and the owner wants to convert it to commercial, then I as a resident should rightfully have a say - and I do, because the rezoning case will involve a public hearing.<br /><br />In this case (I don't know how consistent this is), the SP is for a noxious use, i.e., drive-through , automotive, alcohol-related (that may be zoning rather than SP), and so on. Whenever there is a noxious use, the neighbors are invited to comment in one way or another.<br /><br />Rather than arguing that the SP should not be required here, perhaps you would be better off identifying other places where an SP should be required because rezoning isn't...but note that you can't interfere with the inherent property rights of a landowner who already has the ability to do commercial or retail or whatever by right - that would involve the city in endless lawsuits that we would lose...<br /><br />Bill mccalpinhttps://www.blogger.com/profile/02768191960822864278noreply@blogger.comtag:blogger.com,1999:blog-2498525082522582900.post-77650262996567472932014-10-14T15:23:54.250-05:002014-10-14T15:23:54.250-05:00If the concern is over homeowner sensibilities, th...If the concern is over homeowner sensibilities, then why not require special permits for *any* development/redevelopment on properties next to residential neighborhoods? <br /><br />I'm not interested in dreaming up issues for an electoral campaign, but neighborhood advocacy might be a fertile stance for someone to run on. As for me, I'm interested in logical, consistent, sensible governance. And our city government seems to be obsessed about drive throughs to the neglect of many more significant land use issues.Mark Stegerhttps://www.blogger.com/profile/02376182294736839659noreply@blogger.comtag:blogger.com,1999:blog-2498525082522582900.post-27464683124993195012014-10-14T15:01:47.417-05:002014-10-14T15:01:47.417-05:00My guess is that many of these SPs are sort of &qu...My guess is that many of these SPs are sort of "after the fact". That is, the homeowners know that the zoning next door is retail or commercial or whatever, but after a while, someone wants to come in and convert the use, adding a drive-through on top of the original business use...which (and we both agree, I think) can be an obnoxious use.<br /><br />As for "Why single out drive-throughs for needing special permits in all cases, even when they aren't anywhere near residential neighborhoods?"...if you can define in an ordinance what "near" means in this case such that the staff can intuit what the homeowners might think, then go for it.<br /><br />Unfortunately, the only sure test to see if anyone cares is to call a public hearing and see if anyone notices. I agree that a lot of such cases, far from residential uses, are no-brainers...but until we have a way to flawlessly codify what "far" means, I suspect that neighborhood associations around the city would generally agree to keep the SPs around for drive-throughs...you could raise it as a campaign issue next spring to see if there are people that agree with you that SPs in this case are a waste of time and money...(I'm betting you won't get too far with this)...<br /><br />Billmccalpinhttps://www.blogger.com/profile/02768191960822864278noreply@blogger.comtag:blogger.com,1999:blog-2498525082522582900.post-47740659827620179282014-10-14T14:52:39.493-05:002014-10-14T14:52:39.493-05:00If you put *anything* next to anyone's house, ...If you put *anything* next to anyone's house, you risk angry homeowner opposition. Why single out drive-throughs for needing special permits in all cases, even when they aren't anywhere near residential neighborhoods?Mark Stegerhttps://www.blogger.com/profile/02376182294736839659noreply@blogger.comtag:blogger.com,1999:blog-2498525082522582900.post-69886484248922761402014-10-14T14:07:22.142-05:002014-10-14T14:07:22.142-05:00I can't be sure, but my guess as to why drive-...I can't be sure, but my guess as to why drive-throughs require an special permit is because of you, the voter. (Curiously, the official term in Richardson is "special permit", even though most people and even half the Council find it very hard NOT to say "special use permit"), <br /><br />Yep, I have attended zoning cases where it was clear that the big objection to the drive-through was not traffic, but noise. <br /><br />As you can imagine, a drive-through late at night across the street or alley from a row of residential structures can cause a lot of annoying noise. Thus, homeowners feel that they need to have an opportunity to object (loudly) if someone wants to put in a drive-through right next to their neighborhood.<br /><br />If SPs were not required for drive-throughs, and if the owner of the land had the zoning where he/she could put in a Starbucks or burger joint or whatever by right, then there would never be an opportunity for homeowners to scream about the noise or the traffic or the hours or whatever.<br /><br />Of course, in places like the old Nikki's where the nearest house is several hundred yards away, the SP is a no-brainer...but put it closer to someone's neighborhood, and the torches and pitchforks will come out. <br /><br />So can you write an ordinance that allows city staff to administratively authorize drive-throughs so long as it doesn't create too much noise for concerned homeowners (whatever that is)? Yeah, the Councilmembers aren't traffic engineers...but they do recognize angry voters objecting to an obnoxious use (yes, while I use drive-throughs, I wouldn't want to put one next to anyone's house, either)...<br /><br />Billmccalpinhttps://www.blogger.com/profile/02768191960822864278noreply@blogger.com