07.21.1994 PZ Minutesp. 472
MINUTES OF
PLANNING AND ZONING COMMISSION
PUBLIC HEARING
JULY 21, 1994
COMMUNITY CENTER
Chairman Gray called the Public Hearing to order at 7:04 p. m.
Commission Members present : Charles Gray, Janna Brimer, Glynn Cavasos,
Cliff Hallmark and David Conroy. Bill Cromer was unable to attend.
Staff Members present:
Michael Box, Director of Development and Enforcement
Mort Wetterling, Asst. Director of Development and Enforcement
PUBLIC HEARING - To receive citizen comments regarding a request to approve
a "PD" District within an existing PD Zoning Classification in order to al-
low the applicant, A & A Pickup and Van, to expand their operation by stor-
ing and disassembling inoperable vehicles within the confines of their
business structure, said structure to remain in it's current configuration.
Two individuals signed up to speak before the Commission. Chairman Gray
called upon the first speaker, Mr. Gary Mitchell, owner of A & A Pickup and
Van, who gave a short briefing on the business operation, it's history and
it's plans for the future. He stated that the enclosed shop area will hold
approximately 40 vehicles. He further advised that vehicles would never be
stored out of doors and that noise is, and would be, held to a minimum. The
EPA has conducted numerous inspections at the property and has always
found the entire opration to be in total compliance with all required stan-
dards per Mr. Mitchell. Mr. Mitchell further stated that no transmission
fluid, engine oil or grease can get into the soil or be washed onto neigh -
boring property because the entire operation is conducted indoors and on
concrete surfaces. The Commission questioned Mr. Mitchell on matters re-
lating to fire safety, methods of storage of oil and gasoline, dumpster
screening, hours of operation and fencing. Mr. Mitchell advised that the
Fire, Police and Code Enforcement Departments had made repeated visits to
his business and that he has never received a reprimand, warning or notifi-
cation of any questionable situations. Mr. Mitchell confirmed that there
will be very little change in terms of the retail and mechanical operation.
In closing, Mr. Mitchell invited the Commission Members and any neighbors
to visit the business site for the purpose of receiving a guided tour and/
or inspection tour of the premises.
The second speaker was called upon, that speaker being Mrs. Fern McKinley,
owner /proprietor of the 287 Mobile Home Park which is located adjacent and
directly to the east of the A & A Pickup & Van operation. Mrs. McKinley
stated that she considers the applicant's operation to be a fire hazard and
a detriment to the area in that used oil and gasoline is being stored in
drums and that the weeds, at the rear of the property, were very high and
extremely dry. She also stated that several items had been stolen from the
Mobile Home Park and that she held A & A Pickup & Van responsible. Mrs.
McKinley did not elaborate on the items that she alledged to have been
stolen nor did she offer any proof of her allegation. In closing, she said
that she was of opinion that wrecking yards were not allowed in the City of
Kennedale and that the A & A operation was nothing more than a wrecking
yard.
p. 473
Mrs. McKinley then submitted a photostatic copy of a Petition containing
firty (40) signatures of Tenants in the 287 Mobile Home Park, all of which
are opposed to the A & A Pickup & Van operation and the noise that it alleg_ ]
edly generates.
Inasmuch as no one else elected to speak for, or against, the A & A Pickup
and Van application, Chairman Gray closed the Public Hearing at 7:21 p.m.
ATTEST
dir 'W--,
41P"'
APPROVED
MINUTES OF
PLANNING! AND ZONING COMMISSION
REGULAR MEETING
JULY 21, 1994 - 7:00 P.M.
COMMUNITY CENTER
hairrrian Gray called the meeting to order' at 7:23' p.m.
Commission Members present: Charles Gray, Cliff Hallmark, David Conroy,
Glynn Cavasos and Janna Brimer. Bill Cromer was unable to attend.
Staff Members present:
p. 474
Michael! Box - Director of Development and Enforcement
•'Mort Wetterling Asst. Director of Development and Enforcement
ITEM NO:' 1 'Approval of the minutes of the Public Hearing as well as-the
minutes of the Regular Meeting of the 1.6th of June 1994.
Davi'd'Conroy` pointed out that the vote for Item No. '3 on the 16 June 1994'
Agenda, did' not pass unanimously as indictated but rather, its passed ''by 1a t"
vote. of 2 to '1. The Planning and Zoning Secretary will make the 'required'`'
change):to "the minutes and they will be re- submitted for 'approval'at 'the
August Regular Meeting.
ITEM N0: 2 -- Consideration' of a request for approval of a "PD" District
within, an area currently zoned Planned Development, in order to'permit the
storage and disassembly 'of inoperable vehicles'inside of the business struc-
ure, the 'applicant being A'& 'A Pickup and Van'. `The, applicant does not in =i
tend to-increase the size of the business structure. The property for which
•
he !'PD" District designation is requested, totals some 6.397 acres and•con-
sists of 'Lots 25A' and 25B of Block 1 in' Woodlea Acres.,
Chairman Gray stated that no one has ever addressed the subject of indoor
wrecking yards so that creates a unique issue to be dealt with. He further
advised that the Planned Development designation was designed for real es-
tate development and that PD does not lend itself well-to a Special Use
type situation of an existing business that is merely expanding it's cur-
rent operation. Chairman Gray further stated that, in his opinion, there
is a question about whether this is actually a change in use and therefore
the Commission has three (3) options which are:
1) Approve the request and develop a "PD" District Ordinance with a set
of restrictions with which the applicant must comply.
2) Recommend that the property be re -zoned to an "I ", Industrial designa-
tion.
3) Send the applicant's request forward to the Kennedale Board of Adjust-
ment for Special Use Permit consideration.
Janna Brimer asked if the new State laws affecting wrecking yards would have
an impact on the A & A Pickup & Van operation and the owner's response was
'that it would not in that said laws are directed at wrecking yards that have
hundreds /thousands of vehicles positioned outside in public view and remain
in that state for years. The owner stated that the A •& A operation process-
es the cars on a continual basis expeditiously and that the business cannot
afford to have vehicles sitting for any length of time even though they are
p. 475
out of view of the general public. Mr. Gary Mitchell distributed color
photographs to the Commission and gave a short briefing on the day -to -day
operation of the business. He stated that business closing hour is 6:00
p. m., but that, on an infrequent basis, employees are permitted to remain
after working hours to perform work on their own private vehicles. All
Commission members were in agreement that the A & A operation is basically
acceptable. Janna Brimer stated that, in her opinion, a Special Use Permit
was the manner in which the situation should be handled. Ms., express-
ed concern that it could possibly "open the door" for future requests from
wrecking yard owners that may want to open a similar business. Ms. Brimer
also stated that it was her opinion that a Special Use Permit would carry
a far more stringent set of restrictions. The Commission then discussed,
very briefly, a variety of possible restrictions that could be imposed, i.e.
noise abatement, disposal of flammable liquids, screening, on -site inspec-
tions and follow -up review of the operation and Ordinance compliance after
a three or four year time frame, to name a few. On two separate occasions,
Mort Wetterling advised the Commission to re -read paragraph 2 of the Staff
Report to the P & Z Commission which clearly states that, "any change in
the use of land in a "PD" zoning designation shall require a zoning change
or the ;adoption of a new and separate "PD" District in accordance with the
provisions of Section 17 -418 C. of the Zoning. Ordinance of ,9 September 1993"
Additionally, it was pointed out to the Commission that, referring this case
to the Board of Adjustment for Special Use Permit consideration as opposed
to the Planning and Zoning Commission's establishment of a "PD" District and
an Ordinance dealing with same, amounted to nothing more than shifting the
responsibility to the ,Board of Adjustment, an act which the Planning and Zon-
ing Commission should be prepared to defend at the next Board of,Adjustment
meeting, if that plan ever came to fruition. Chairamn Gray responded by say -
ing that, in his opinion, the A & A change is land use was not that great
and that the business was still doing what it had previously been doing.
Mort Wetterling stated that he was not at all sure that the Planning and
Zoning Commission has the wherewithal or ability to refer the matter to the
BOA. for action. The Commission indicated that they had done so in the past.
At that point, Chairman Gray solicited a motion from the Commission. Both
Janna Brimer and David Conroy provided input which resulted in the follow-
ing:
David Conroy made the following three part motion:
1) That the present Zoning designation not be changed from "PD"
2) That the Commission not draft an Ordinance for a "PD" District (members
are of the opinion that the existing use is "grandfathered" under pre-
vious zoning).
3) That certain resolutions (actually restrictions) be recommended to the
Board of Adjustment when they hear the case in preparation for approv-
ing a Special Use Permit, including recommendations to restrict operat-
ing hours to not earlier that 0700 and not later than 1900, monthly
waste removal, no outside storage and review of the Permit after two
years.
Janna Brinier seconded the motion.
p.476
ter the Commission was advised that the Board of Adjustment meets on a.:
arterly basis and the next regularly scheduled meeting was due to be held
on 4'0ctober 1994, Janna Brimer made ,a motion to adopt an Amendment which,
in effect, requested that the Board of Adjustment include this item on
their early September 1994 for the purpose of hearing the A & A Pickup & Van
case as a Special Use Permit application.
Cliff Hallmark seconded the Brimer Amendment motion and 'all Commission mem-
bers voted in favor of both the Amendment and the motion.
ITEM NO. 3 - Consideration of a request for approval of a Preliminary Plat
for the proposed Shady 'Creels East Sub Division whichl pis '.a 47.336 acre pro-
ject developed by Roy M..and Linda Light.
Chairman Gray inquired as•to whether the Plat filing fees had been paid by
the Developer to which Mort Wetterling advised that Plat fees of $360 plus
Engineering fees totaling $2,348.50 remained unpaid. Chairman Gray advised
Roy Light that the Commission could not act on the Plat until' such time as
the fees were paid. Mr. Light stated that he would pay the fees and did, in
fact, provide a personal check in the amount of $2,708.50 thereby paying ,
all. fees in full. After discussion relating to the acquisition of additional
operty to the south of 'the sub division, traffic light requirements,
its of.the'traffic study and the various phases of construction to be com-
eted, Mr. Gary Cooper advised that the property required'to,complete the
o ady Creek Drive portion .near Little School intersection was being purchas-
by Mr. Frank CdeBaca and was due to go to closing on the following week.
Additionally, Mr. Cooper stated that the first phase of construction would
consist of sixteen (16), homes on Shady Creek Drive, as identified on the
Plat. The.Commission was then assured by both the Developer and Staff that
the seven (7) remaining Plat concerns would. be resolved prior to submis-
sion of the Final Plat. Mr Trammell gave a short briefing on the results of
the Traffic Study and stated that a traffic light would not be required,
initially, at the Shady Creek Drive /Little School Road intersection.
David Conroy made a motion to approve the Shady Creels East Preliminary Plat
and Janna Brimer seconded the motion. All Commission members voted in favor.
ITEM NO. 4 - Commission Members and Staff to discuss, recommend and formulate
goals for future consideration and action.
Chairman Gray addressed the Commission on past and future functions of the
Commission. All members concurred that a good job has been done but that
previous actions have more of a re- active nature than one that has been
pro - active. Inasmuch as ICennedale is facing a Home Rule status, the Com-
mission agreed that they should be about the business of "malting things
happen ". Various Ordinances are'requiring. action, i.e. Fencing, Signage and
gib Division and the Commission agreed to take a pro-active posture in that
:gard. The members agreed to meet', at the completion of the summer season
)r the purpose of formulating a game plan and to establish an Agenda of
,.Gems with which to devote their attention. Staff provided a condensed re-
write of the previous Fencing Ordinance, submitted for review /input back in
October of 1993.
p. 477
With no further business to discuss, Janna Brimer made a motion to adjourn.
Glynn Cavasos seconded the motion and all Commission members voted in favor.
The 21 July 1994 meeting of the Planning and Zoning Commission adjourned at
9:06 p.m.
ATTEST APPROVED