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08.18.1994 PZ Minutesp. 478 MINUTES OF PLANNING AND ZONING COMMISSION PUBLIC IIEARING AUGUST 18, 1994 COMMUNITY CENTER Chairman Gray called the Public Hearing to order at 7:09 P. M. Commission Members present: Charles Gray, Janna Brimer, David Conroy, and Cliff Hallmark. Glynn Cavasos and Bill Cromer were unable to attend and George Harrison and Ralph Warner were attending swearing in ceremonies. Staff Members present: Mort Wetterling - Permits /Code Enforcement Department Wayne'Olson - City's Legal Counsel PUBLIC HEARING #it1 - To receive citizen's comments regarding a request to approve a Zoning change from "PD" to "AG" Agriculture as well as approval to re-plat the 7.02 acres from thirteen (13) Lots into one (1) Lot which would be shown as Lot 1 -R of Block 1 in Swiney Estates. The thirteen Lots are currently identified as Lots 1,2,3, 20B and 21 thru 24 of Block 1 of Swiney Estates as well as Lots 1B thru 5B of Block 2 of Swiney Estates. The owner and applicant is Fred I. Smith of 2707 So. Cooper St., Ste. #109, Arlington, Texas 76015 One individual signed up to address the Commission. Chairman Gray recognized FRED I. SMITH, current owner of the property. Mr. Smith briefed the Com- mission on the history of the property, it's boundries, it's easements, the neighboring property owners and the intended future use. At the .conclusion of Mr. Smith's address, Chairman Gray closed Public Hearing #1 at 7:18 p.m. PUBLIC HEARING f,`-2 - To receive citizen's comments regarding a request to approve a Zoning change from "AG" to "R -1" for 10.131 acres of land out of the T.F. Rogers Survey, Abstract 1363. If approval is granted, this proper- ty will be combined with, or added to, the current 47.336 acres thhatrconsti- tute•the proposed Shady Creek East Sub Division. The applicant /p p y • owner is Frank Cde.Baca of 209 Oakridge Trail in Kennedale, Texas-76060 Two individuals signed up to address the Commission. Chairman Gray recog- nized the first speaker, Mr.' FRANK Cde BACA, the owner of the property. Mr. Cde Baca, a former Arlington resident, has lived in Kennedale for the past few years. He stated that he recently purchased the 10 plus acres,as an investment and a possible future homesite for his children. He stated that he was looking forward to developing the site and requested approval of the Zoning change as submitted. The second speaker, Mr. GARY COOPER, was then recognized. Mr. Cooper stated that the applicant was his neighbor in Shady Creek and that Mr. Cde Baca would be the Owner /Developer of the 10.131 acre tract of land and that it would probably be later identified as Shady Creek East II. Upon conclusion of Mr. Cooper's remarks, Chairman Gray closed Public Hearing #2 at 7:28 p.m. .APPROVED MINUTES OF PLANNING AND ZONING COMMISSION - REGULAR MEETING AUGUST 18,:,1994 COMMUNITY CENTER p. 479 Chairman Gray called the Meeting to order at 7:29 P. M. Commission Members present: Janna Brimer,, George Harrison,'. Ralph Warner, Cliff Ilallmark, Charles Gray and David Conroy: Bill Cromer and•Glynn Cavasos were unable to, attend. Staff 'Members present Ted Rowe - City Administrator Wayne Olson - City's Legal Counsel Mort Wetterling - Permits /Code Enforcement Department ITEM NO..1 - Approval of the minutes of the Public Hearing and minutes;of the regularly scheduled Planning and Zoning Commission Meeting of 16 June 1994. The Commission addressed changes needed to be incorporated into ,the minutes after which Janna Brimer made a motion to accept the recommended changes. David Conroy seconded the motion and all members voted in favor. David Conroy then made a motion to approve the minutes with recommended changes and Janna Brimer seconded the motion. All Commission, members voted in;;favor. ITEM 'NO. 2 - Discussion of the minutes of the •Public .I-Iearing•and the.;minutes of the regularly scheduled Planning and Zoning. Commission' Meeting of, 21 July 1994: , 1: Chairman Gray and other members of the Commission recommended a.. number ,of changes to both the minutes of the Public Hearing as well as the,Regular P & Z Meeting of.21,July 1994. Chairman Gray provided a written; listing of changes to be incorporated after which Janna Brimer motioned to approve the minutes as edited. Cliff Hallmark seconded the motion and all ,Commis - sion members voted in favor. ITEM NO. 3 - Consideration of the request set forth in Public Hearing #1, that being . approval of a Zoning change from "PD" to ,,' AG ". as well :,asi tapprov- al of a re -plat of the 7.02 acres which would combine thirteen (13) Lots into . one (1) Lot, to be identified, as Lot 1 -R of Block 1 in Swiney :Estates . The Commission discussed land use, easements, neighboring access, considera- tion of a two lot re -plat vs..one, lot and land dedicated to.a;possibleo Williamson Drive. The property owner addressed the type of home,,p1anned'by,, the 'prospective buyers and the Surveyor addressed the action taken, in,,effect- ing the submitted re -plat. The adjacent land was identified as,beingi;agri- cultural. David Conroy motioned to accept the re- zoning from "PD" to "AG ". Janna Brimer seconded the motion and all members voted;in,favor. Following a short discussion with the City Attorney,,in. which- :he;advised that although having a dedicated road pass through a single lotis,somewhat unusual, it is not considered illegal, David Conroy motioned to accept the request to re -plat thirteen Lots,into one 7.02 acre Lot. Ralph,Warner,se- conded the motion and all members voted in favor. p. 480 ITEM NO. 4 - Consideration of a request to change the Zoning of 10..131 acres in the T.F. Rodgers Survey, Abstract 1363, from "AG" to "R -1" for the pur- pose of combining said property with the existing 47.336 acres of land in the proposed Shady Creek East Sub Division. During discussion of this request, it was again•noted that.Mr. Cde .Baca will,,be the sole-Owner/Developer of this 10.131, acre tract of land which will be identified as Shady Creek East II. Mr..: Cde Bacasaid.that:he would willingly dedicate the property required to complete the Shady'Creek Drive roadway adjacent to the Little School Road intersection. Mr. Cde:Baca; was informed that his 10 plus acre tract will have to undergo the Preliminary and Final Plat processes. Janna Brimer then motioned to approve the request for re- zoning:of --the pro- perty from "AG" to "R -1 ". Cliff Hallmark seconded the motion and all members •voted yin favor ITEM NO. 5 - Consideration of a variance request to permit outside storage (parking of tractor /trailer units) in the Village Creek Floodway at a prop - erty'A:ocation.identified.as 801 .West'Mansfield Highway. The floodway: was discussed extensively. Past, present and future problems 'were-addressed as was the City of Arlington's plan to rare their dam and 'how that would impact Kennedale. Upon conclusion of the discussion Janna Brimer motioned to approve the Custom Form Intermodal, Inc. request for a `variance to have outside storage limited to their tractor /trailer. units and personal vehicles, contingent upon the 'Flood Plain Administrator re- ceiving their written Emergency Evacuation Plan which would also list .the names and telephone numbers of employees to be contacted in the -event that -flooding conditions become a possibility, at which time all of the ,units ,would-have to be removed from the premises. Ralph Warner seconded the mo- tion and-all,.members voted in favor. • rm•.ITEM-N0. 6, - 'Consider a recommendation for a proposed Amendment .to Ordinance No. 53, ;Section 1. i.e., to insert'Auto Repair Facility as a present and authorized.use as well as other changes as'the Commission may deem appropri- ate. The`Commission discussed with the City Attorney, a.significant number of 'additions:'which they deemed appropriate for incorporating into Ordinance No'.'53-which', in 'effect', speaks to A' &'A Pickup and Van's operationalpro- ceduresand restrictions.;,Those additions were: t!.; * Auto repair to be 'included as.a present and authorized use. t' *'' `Addition -' of restrictions and ' o,perating procedures relative to "C -2" f' :r "Zoning The removal of accumulated hazardous'liquids on a monthly basis':.'.. p. 481 * Addition of restrictions and operating procedures commensurate with the 287 Overlay. * Limitation of operating hours from 7:00 a.m. to 7:00 p.m. The City Attorney indicated that he would take those recommendations for action. The Commission was advised that this action will necessitate another set of Public Hearings before both the, Planning and Zoning Commission and the City Council. David Conroy motioned to initiate the proposed changes to Ordinance No. 53. Janna Brimer seconded the motion and all members voted in favor. After a short discussion on future goals of the Commission, Ralph Warner made a motion to adjourn. Janna Brimer seconded the motion and all Commis- sion members voted in favor. Chairman Gray closed the Meeting at 9:47 P. M. ATTEST APPROVED