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02.15.1990 PZ MinutesPage 322 MINUTES OF PLANNING & ZONING COMMISSION - FEBRUARY 15, 1990 COMMUNITY CENTER - 7:30 PM Chairman, Bill Cromer called the meeting to order at 7:30 PM, Members present were Tom Boone, Bill Cromer, Joe Mooiz and Mary Salinas. Roger Hurlbut arrived at 7:40 PM. Glynn Cavasos and Mike McCarty were absent. ITEM NO. 1 - Approval of minutes dated December 21, 1989. Minutes were approved as submitted. ITEM NO. 2 - Consideration of New Zoning Identification for Shady Creek Beoideoto, Mr. John Clark representing the Shady Creek Home Owners Association asked P&Z to consider a more restrictive class of zoning for the Shady Creek Subdivision. The basic purpose involves adding their deed restrictions to the current zoning codes and applying only to the Shady Creek area. Reason for request is having difficulties with current deed restrictions enforcing them toward homeowners and they are seeking to add a layer of protection by asking for a zoning ordinance to comply with existing deed restrictions. Mr. Rowe stated he had spoken with City Attorney, Don Driver briefly d � Driver said it would not be a cut and dry au r. operation. City authority on zoning is based on police powers of the municipalities in which to provide for the health, morals of the community, safety, etc. If the deed restrictions fall under these categories, they might qualify, but he would need to review the deed restrictions themselves before a decision could be made. Mr. Boone felt that it was very important to hear what Mr. Driver had to say before the P&Z could make a sound decision. Mr. McAuley stated that some residents were not abiding by the deed restrictions and he would hate to sue a neighbor. Be would like to see what the P&Z had to say about building codes and restrictions throughout the community. Mr. Clark then said the violations were minor ones but thought that when one person started violating the deeds, others would follow in the same direction. Page 323 Ms. Salinas questioned the effect the reoodifioatiou would have on the deed restriction? Mr. Rowe replied the recodification would not change any of the existing zoning code provisions. Mayor Radakovich was concerned that this would place a burden on the city to be a so called policeman for each development if we took in deed restrictions. There being no further discussion, P&Z requested to present this item again on the March agenda in order to review Don Driver's opinion before they could reach an agreemeut. ITEM NO. 3 - Briefing by Committee on Animal Control Ordinance. No action was taken on this item. ITEM NO. 4 - Briefing by Highway 287 Committee. Mr. Hurlbut stated the committee has had several meetings and have tentatively set up a public hearing for March 29, 1990 at the Community Center in Keouedale for all three cities which are Arlington, Mansfield and Kennedale. Plans are to have a video presentation on large video screen t.v., posters will be posted to notify public and letters will be mailed out. The committee has identified several long and short term goals and are working with the Chamber of Commerce from each city. ITEM NO. 5 - General Discussion P&Z in general discussed the height of accessory buildings, fences and lot sizes for the community. Mr. Hurlbut stated the importance of a code enforcement officer to enforce the codes for future growth of the city. Be thought the planning aspect for the City should be emphasized more and not just the zouiug. Also stressed the need of coordinating with the City Council on future agenda items and requested copies of the council meetings to keep abreast as to what decisions are made. There being no further business, Tom Boone made a motion to adjourn the meeting, second by Joe Moniz. Motion carried. Meeting adjourned at 10:20 PM. APPROVED: ATTEST: . _ . auo��� a _ouzog Secretary