01.06.1994 PZ MinutesMINUTES OF
PLANNING AND ZONING COMMISSION
SPECIAL MEETING - 6 JANUARY 1994
COMMUNITY CENTER - 7:00 P. M.
Chairman Cray called the meeting to order at 7:03 p.m.
Commission members in attend :once were Charles Cray, Janna Drimer, Gregg
Bennett, Glynn Cavasos, Dill Cromer and Cliff Hallmark; absentees- none.
David Conroy also present.
City Staff in attendance:
Ted Rowe - City Administrator
• Wayne Olson - Legal Counsel to the City of Kcnnedale
Joey Highfill Director of Water Operations
Michael Dox - Director, Development and Enforcement
Mort Wettcrling - Asst. Director, Development and Enforcement
ITEM NO. 1 - Review, for. approval, the proposed Nuisance Ordinance for
incorporation into the Kennedale City Code.
The City's Legal Counsel, Mr. Wayne Olson, addressed, in detail, the var-
ious provisions of the proposed Nuisance Ordinance which was drafted by
his office. The ensuing discussion centered around the following:
Legally defining Nuisances
Monitoring suspected Nuisances
The effects of uncontrolled Nuisances
Responsibilities of Enforcement Personnel
Violations and Penalties
Abatement of Nuisances
'City Council Action
Nuisance Public I•Iearings
Mr Olson stressed the importance of determining that a nuisance is,'in
fact, just that, prior to the issuance of warning notifications, assess-
ment of fines and finally, abatement proceedings. He further •advised
that a property owner may, in most instances, use the property in any
way that he chooses so long as that u:;c does not become injurious or
offensive to neighbors or the community and'docs not put either of the
two categories at risk. Mr Olson also pointed out that'although State
statue does not require Public Hearings and the proposed' Ordinance, as
drafted, does not provide for same, it might prove beneficial if Public
Bearings were held, by the City Council, prior to initiating Abatement
proceedings. The Commission agreed that it should be included in the Or-
dinance when it is re-written for final presentation and approval.. The
'Commission, City Staff and Mr. Olson discussed a series of scenarios re-
lating to would-be problem areas and the manner and sequence of recommend-
ed corrective action. The Commission then recommended that the Ordinance
be modified to include City Council Abatement Public Hearings and that
other existing nuisances (dust, noise, hobbies, junk cars, weeds /grass,
etc.) be combined into one section of the City Code during the re- writing .
process.. Following that recommendation, Janna I3rimer made a motion to ap-
?, prove the Nuisance Ordinance with modifications. David Conroy seconded
the motion and all Commission members voted in favor.
ITEM NO.' 2 - A briefing and discussion, led by the City's Legal Counsel,
regarding the need for a proposed Amendment to the Zoning Ordinance
which would address the Amortization of Non - Conforming Uses:
During the discussion, Mr. Olson made the Commission aware of the fact
that, if'allowed_.to go un- checked, Non - Conforming Uses could virtually
be passed from generation -to- generation in that the use goes with the
land and not with the landowner therefore it is essential that the abil=
ity to impose certain limitations on these uses be incorporated into
the City Code. Discussion included Non - Conforming use of buildings and
land, discontinuance /abatement, distruction of the use, limitation ex-
amples and : jurisdiction of the Board of Adjustment. No motions were
made, or required, at the conclusion of thc discussion.
DISCUSSION
David Conroy expressed concern over the minimum size of land required
to qualify for "R -2" zoning under thc current Ordinance specifications
and requested that consideration be given to increasing the minimum
amount of square feet to more than 12,000 but less than one -half acre_.
Charles Gray stated that he felt as though the Commission should be pro-
vided with a briefing and /or reference material which would aid in giving
them a better understanding of the Ordinance requirements relating to
Planned Development and requested that the subject be made an Agenda item
for the next meeting of the Planning and Zoning Commission.
Janna Brimer motioned for adjournment and Bill Cromer seconded the motion.
All Commission Members voted in favor and thc meeting adjourned at 8:35
p.m. o'clock.
APPROVED: