07.20.1989 PZ MinutesPage 301
Minutes of
Regular Meeting - July 20, 1989
Planning & Zoning Commission
Co- chairman, Mike McCarty called the meeting to order at 7:50 p.m.
Members present were Glynn Cavasos, Roger Hurlbut, Mike McCarty and
Mary Salinas. Thomas Boone, Bill Cromer and Joe Moniz were absent.
ITEM NO. 1 - Consideration of minutes from Regular Meeting
June 22, 1989 and Worksession, July 11, 1989.
Minutes were approved as submitted.
Mr. Ted Rowe briefed P & Z on the Master Land Use and Thoroughfare Plan
that was adopted by City Council on July 13, 1989. Mr. Rowe presented
P & Z with Land Use and Thoroughfare Plan Handbooks and stated that the
map was the final draft with a few errors that needed to be corrected.
It was the expected land use and planned land use for the city which is
the guide for zoning decisions. The plan is not dealing with zoning, but
all zoning decisions considered should comply with or adhere to the plan.
ITEM NO. 2 - R.B. Jabri - Consideration of a replat of Lot 1,
Tommy L. Gay Addition to Lots 1A, 1B, 1C, 1D, and 1E,
Tommy L. Gay Addition.
Mr. Jabri was present to discuss his replat and presented P & Z a revised
plat to coinside with Cheatham & Associates Letter dated July 13, 1989
(attached).
Mr. Jabri would like to subdivide Lot 1 into Lots lA through 1E. Mr. Jabri
has his house currently on Lot 1E, would like to develop Lots 1A through
1D, and requested a variance for a 25' front building setback line on
Lots 1C and 1D. Mr. Jabri stated if not granted variance, he would be
unable to develop those two lots.
Mr. Hurlbut asked Mr. Jabri if he wasn't granted variance, would he still
request a replat? Mr. Jabri replied yes.
Mr. Hurlbut questioned Mr. Jabri about resubmitting the replat if variance
wasn't approved to combine Lots 1A and 1B, and Lots 1C and 1D. Mr. Jabri
replied he would not change them at the present time.
Mr. Hurlbut asked Mr. Jabri about future development of his tract 1E.
Mr. Jabri replied that he has talked about it for the future which would
include giving a portion of the land to the city for development of a road.
Not definite at the present time.
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Regular Meeting - July 20, 1989
Mr. Hurlbut questioned what type and size of homes was going to be
developed? Mr. Jabri stated it would be approximately 1400 square
foot homes on the average, double door garages, 60o brick, and one-
story single family homes.
Mr. Rowe suggested Mr. Jabri submit a letter to Council stating his
intentions and guidelines that he mentioned to P & Z.
Motion was made by Mr. Hurlbut to accept the replat as submitted contingent
upon Mr. Jabri meeting the specific points in the July 13, 1989 letter
from Cheatham & Associates, based upon Mr. Jabri's representation that he
will provide a letter to the city indicating the type of home is going to
develop in the area concerning the minimum square footage, percentage of
brick, one -story nature of home, garage attachment, and that we accept
this with the understanding and approval that there will be a 25' setback
on the front for Lots 1C and 1D with no other changes in the setback
requirements, seconded by Glynn Cavasos. Motion carried.
ITEM NO. 3 - Herman Boswell, Inc. and David M. Stavinoha - Consideration
of an Abandonment of Lots 1 -15, Block 1, Harris Hill Estates.
Mr. Boswell was present to represent the abandonment of Harris Hill Estates.
Mr. Hurlbut suggested Mr. Boswell take the plat back to surveyor, plot out
structures, ownerships and see where proposed thoroughfare would land.
Not enough information for P & Z to make a decision.
Mr. Boswell stated he was already 30 days past the closing date and could
not go another 60 days indicating that if not granted, would go ahead and
sell as individual lots as indicated on plat. Mr. Boswell said he would
give a 45 foot easement running down the side of his property but would
not dedicate it.
Mr. Hurlbut asked Mr. Rowe who does impact studies for the City? Mr. Rowe
replied the staff did.
Mary Salinas suggested a recommendation that P & Z forward to Council with
the attached provisions and information would be a good idea. The City
would benefit with this approval of one owner with easement rather than
15 individual owners plus the larger area at a later date.
Mr. Hurlbut stated the P & Z was presented with an unusual set of
circumstances that they have not seen before 1) presentation of Land Use
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Regular Meeting - July 20, 1989
Plan for the first time for the P & Z which indicated a street running
through Harris Hill Estate which may render the property development
impractical, plus the city would have to come in and deal with perhaps.
15 different land owners at the time they wanted to make that expansion
of the thoroughfare, 2) Mr. Boswell wanting to abandoned 15 lots that
are presently there and make it into one. As of the present time, the
buyer is ready and willing to purchase as one lot and he intends to live
on this land as his homestead, and the two present owners of the estate
are at an agreement to do this abandonment, 3) Mr. Boswell appears to be
willing to recognize that an easement or at least a thoroughfare through
his property looks immenent in the future and we have the opportunity this
evening to tag this property with right -of -way rights to the city for this
future development. The.best place to put this, as we can tell, would be
the eastern portion, South 33° 07 West on the Eastern border, but do not
have enough information to know the impact on the individual owners.
Mr. Hurlbut made a motion that the P & Z Commission accept the plat
revision which abandons the platted lots and Cardinal Court contingent
upon four items:
1 Mr. Boswell present a new plat with survey indicating the names of
the surrounding land owners to the east and south, and where the
present structures, buildings, and other items are located within
a range of 300 feet.
2 Comments from Cheatham & Associates upon receipt of new survey plat.
3. Staff to include impact study on where 90 foot right -of -way easement
would land.
4. City Attorney, Don Driver, comments on the ability of the city to use
right -of -way easement like we're proposing for use as a future
thoroughfare and City Council have all four items when they meet
to deliberate on this plan.
Motion was seconded by Glynn Cavasos. Motion carried.
ITEM NO. 7 - Signe Edwards - Street Closing for the 200 Block of
West Sixth Street and the 100 Block of South Spiller
Street.
Mr. Hurlbut questioned Ms. Edwards what she was going to do with the land
and if she owned all of it? Ms. Edwards replied that she sold lot 69 to
Marty Norrell, and Mr. Norrell joins in on the abandonment of the streets.
Ms. Edwards plans on replatting lots 63 and 64 into four lots after the
street closings are approved with access from Broadway. Lot 69 is currently
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Regular Meeting - July 20, 1989
developed by Mr. Norrell, and Lot 70 will remain as one block. Both
Lots 69 and 70 have access from Mansfield Avenue.
Mr. Hurlbut asked what type of homes would go in. Mr. Edwards replied
that the area was currently zoned single family, and that she did have a
set of deed restrictions with a minimum floor area of 1350 square feet
that required 65% masonry. This is in the warranty deed and is filed
at the county.
Mr. Rowe explained that Mayor Radakovich proposed to Ms. Edwards the
possibility of exchanging something for return for the city closing the
streets and giving her that property, and asked if she would consider
that. Ms. Edwards said she would not. Mr. Rowe stated this was a new
concept and the city has never done this before. The Mayor's point was
that about an acre and 2/10 of land was involved in the closing, and if
you did attach the value to it, the surrounding land was the land closest_
to Broadway and has more value than the land in back. Take the average
price of those four blocks and that would have a value of $15,400.
Mayor Radakovich asked Ms. Edwards if she would consider exchanging
something in kind. The point to be made was that the State Constitution
prohibited making a gift of tax payers' money.
Mr. Hurlbut asked Ms. Edwards how she felt about this? Ms. Edwards replied
that the streets have been abandoned for quite a while by city ordinance
and no one has ever been asked to purchase streets or swap for other land
in the past. Ms. Edwards stated that it was to the city's advantage to
do this, but really felt it was to her disadvantage.
Mr. Hurlbut questioned whose land it was before the streets were dedicated?
Mr. Rowe said the land was probably originally platted by Ms. Edwards'
grandfather. Ms. Edwards replied that according to Steve, this was platted
in the 1800's. Basically all of Kennedale was platted in the 1800's by the
railroad (the old part of Kennedale). On the original plat (not in the
packet) was in old english type that is very hard to read and there was
some owner in there on the original plat.
Ms. Edwards stated that the Council was concerned with the Master Plan, if
the closings were to take place, and then the Master Plan was to cause a
big thoroughfare to come through this, then the city would have to go
back and buy this property back. Mr. Rowe said the Master Plan would not
effect this area and the thoroughfare will come along the existing right -
of -way.
Mr. Hurlbut questioned the paving of Sulphur Street and the cost?
Mr. Rowe replied several thousand dollars to get the drainage structure
Regular Meeting - July 20, 1989
done and that has already been paid for, but was the only thing holding
the county up. Once this was done, it would depend on what the county
would charge for base material and he didn't know if they would get back
to it this year.
Mr. Hurlbut asked Ms. Edwards if there would be a problem with her helping
develop Sulphur Street for the exchange of getting those streets closed.
Ms. Edwards stated that she didn't need that street, she had access to the
front of the property by Broadway and the back of the property has access
by Mansfield Avenue. She has no interest in spending money to develop
Sulphur street.
Mr. Rowe stated Don Driver, City Attorney, is going to research the
procedures of other cities and see how they handle abandonments.
Mr. Hurlbut made a motion to accept the abandonment of street closings_
for the 200 Block of West Sixth Street and the 100 Block of South Spiller
Street and forward to City Council with the understanding we have a legal
opinion on this by Mr. Don Driver as to whether a municipality can abandon
land to a private land owner without any consideration in return, and what
are the procedures for it, and whether or not the city is following the
correct procedures, seconded by Mary Salinas. Motion carried.
Mr. McCarty suggested P & Z table the remainder of the meeting until next
months meeting due to the lateness of the hour. Motion was made by Glynn
Cavasos, to adjourn the meeting, seconded by Roger Hurlbut.
Meeting adjourned at 10:40 p.m.
APPROVED: aa../1 z- /9
Chairman, Bill Cromer
ATTEST:
Planningr Zoning Secretary
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