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07.20.1995 PZ Minutesp. 509 MINUTES 01? PLANNING AND ZONING COMMISSION PUBLIC HEARING 20 JULY 1995 COMMUNITY CENTER Chairman Gray called the Public Hearing to order at 7 :04 p. m. Commission Members present: Charles Gray, David Conroy, Cliff Hallmark, Ralph Warner and Glynn Cavasos. Bill Cromer (alternate) was not in attendance. George Harrison had earlier submitted his verbal resignation. Staff Members present: Ted Rowe - City Administrator Michael Box - Director of Development and Enforcement Wayne Olson - City's Legal Counsel PUBLIC HEARING NO. 1 - To receive citizen's comments regarding a request to Plat seven Lots out of four Tracts of land in the THOMAS BEEDY SURVEY, Abstract 74 which is located on the north side of Pennsylvania Avenue, in the Kennedale ETJ (Extra Territorial Jurisdiction). The property has not been previously platted. The request should have been for a review of a Sub Division Preliminary Plat which is the review which will be given. The Sub Division is identified as Clairemont Court. Two individuals requested to address the Commission: Daniel Ortiz, applicant and owner of the property, resides at 1002 Oakridge Court. He advised that it was his intent to construct his personal residence on Lot ill of the submitted Plat and that he may, or may not, build -on the adjoining six Lots. Mr. Ortiz stated that it was his intent to comply with all applicable laws and requirements relating to Water, Sewer and Drainage stipulations but that he could not agree to comply with the City Engineer's recommendation that a road /drive easement be provided which would provide eventual access to the 10.9 acres in Tract 2B which abuts his property to the north. David Conroy provided Mr. Ortiz with a short informative briefing regarding the "R -2" Zoning minimum Lot width requirements as being 90 feet vice the 87 plus feet as shown on six of the seven Lots on the Plat. Mr. Ortiz later stated that he was not at all sure that the City of Kennedale had the authority to require that he make provision for road access across his property to the property to the north. Roger Hart, Surveyor for the Sub Division, stated that he had provided all of the materials which were required of him and his client, Mr. Ortiz, and that he considered the last minute request for a Drainage Study, Water and Sewer Plans to be unrealistic however, those required materials had been provided to the City by Mr. Ortiz's Engineer the day prior to the hearing. Mr. Hart also stated that if the Commission reviewed this as a Preliminary Plat and granted approval contingent upon providing an easement for road /drive access, he would be given no choice but to submit a Final Plat that included that requirement and that he considered that also to be unfair and unrealistic and not in Mr. Ortiz's best interest, as it relates to use of the land. Ted Rowe then addressed the Commission at which time he provided insight as to the confusion, on the part of City Staff, in this matter. The matter of the adjacent land, to the north .of the Ortiz property, being "landlocked ", without the benefit of a Drive Easement, was addressed. Mr. Rowe also pointed out that Mr. Ortiz could build his house on the property without having to acquire a Building Permit or having to submit to Building Inspections as a result of the land being in the County however annexation would be required if Mr. Ortiz would require water and sewer services for his Lot or for any of the remaining six Lots. Mr. Rowe also advised that the Preliminary Plat. could be approved with the provision that the requested access easement be resolved prior to submission of the Final Plat. No one spoke in opposition to the Plat. PUBLIC HEARING NO. 2 - To receive citizen's continents regarding a request for a Zoning change from the current "C -2" (General Conunercial) to "OT" (Old Town District). The property, totaling approximately 7.737 acres, is made up of eleven Lots that are owned by seven individuals which collectively serve as the applicant. Zoning Case 95 -01. Nine individuals elected to address the Commission with all nine speaking in favor and in support of the Zone change request. The nine individuals were: Raymundo Guerrero Rodger Pearce J. A. McLaughlin Cecil Skates Steve Radakovich Russell Roberson Bobby Camp James Gregory , Sheila Cainp Mr. J. A.- McLaughlin advised the Commission of his support for the request and spoke not only for himself but also for three other property owners, adjacent to the land being considered, that had not been approached concerning the re- zoning application but would respectfully request that their property be included with the area to be considered for re- zoning. Steve Radakovich identified himself as the owner of Hilltop Addition which also adjoins the land being considered for re- zoning and after describing the attributes of the area, stated that he was, in fact, requesting that his 15 Lots totaling 5.7 acres be added to that of the four individuals that indicated that they would desire to be added to the list of property owners that made application . for re- zoning. No .one spoke in opposition to the requested Zone change. PUBLIC HEARING NO. 3 - To receive citizen's continents regarding a request for a Zoning change from the current "C -2" (General Conunercial) to that of "MH" (Manufactured Housing). The property, totaling some 4.431 acres has been purchased by the owner of the adjacent property, the Avalon Mobile Home Park, who plans to expand his operation into this area. Mr. Don DunWoody is the owner /applicant and the property is described as being Tracts 28A and 28B of the Woodlea Acres Sub Division. Zoning Case 95 -02. p. 510 Mr. Lonnie Hallmark, representing the Avalon Mobile Home Park and it's owner, Don DunWoody, requested that the Commission look favorably upon the request for a Zoning change. No one spoke in opposition to the request for a Zoning change. Chairman Gray declared a ten minute recess after adjourning the Public Hearing at 8 :0715. m. ATTEST: APPROVED: Low(2=-, p. 511 p. 512 MINUTES OF PLANNING AND ZONING COMMISSION REGULAR MEETING 20 JULY 1995 COMMUNITY CENTER Chairman Gray called the Planning and Zoning Commission Meeting to order at 8:22 p. m. Commission Members present: Charles Gray, Ralph Warner, Cliff Hallmark, Glynn Cavasos and David Conroy. Bill Cromer (alternate) was not in attendance. George Harrison had previously submitted his verbal resignation. Staff Members present: Ted Rowe - City Administrator Michael Box - Director of Development and Enforcement Wayne Olson - City's Legal Counsel Mort Wetterling - Permits /Code Compliance Department ITEM NO. 1 - Approval of the minutes of the Regular Meeting Commission, held on 15 June 1995. Ralph Warner made a motion to accept the Minutes as submitted. motion and all voted in favor. of the Planning and Zoning Glynn Cavasos seconded the ITEM NO. 2 - Consideration of a request to Plat seven Lots out of four Tracts ((l, 2E, 2D and 2C) in the THOMAS BEEDY SURVEY, Abstract 74. The property is owned by Daniel Ortiz and is located on the north side of Pennsylvania Avenue in what is part of Kennedale's ETJ (Extra Territorial Jurisdiction)..:.The request will be reviewed as a Sub Division Preliminary Plat. The City's Legal Counsel, Mr. Wayne Olson, gave the Commission a short briefing on their options, as it relates to this Agenda Item. I -Ie further stated that although Staff had originally characterized this matter as a simple Platting of a piece of' EJT property that had not been previously platted, it was, in fact, a Preliminary Plat and should therefore, be accompanied by all of the Ordinance required documents i.e., Drainage Study, Water , Sewer and Street Plans, where applicable. When aslced about the Engineer's recommendation that an access Drive Easement be provided, for the property to the north, he advised that he had reservations as to whether or not that should be made a requirement for approval of the Preliminary Plat but he also stated that he was of the opinion that the Developer (Mr. Ortiz) has an obligation to provide access to the adjacent property. Ralph Warner inquired as to whether or not the Commission could require a minimum Lot width commensurate with "R -2" Zoning and he was advised by his fellow Commission members that they could make that stipulation. Inasmuch as the "R -2" Zoning classification was considered as being reasonable for the project, the Commission again reviewed the "Schedule of District Regulations" with Mr. Ortiz and his wife. David Conroy then made a motion to approve the Clairemont Court Preliminary Plat with the stipulation that Lot numbers 2 through 7 be modified to meet the minimum requirements as set forth in the "R -2" Zoning classification and that the road access Easement requirement be stricken. Glynn Cavasos seconded the motion and all members voted in favor. p. 513 ITEM NO. 3. - Consideration of a request for a Zoning change from the current "C -2" (General Commercial) to that of "OT" (Old Town District). The 7.737 acres are made up of eleven Lots that are owned by seven people who arc applying for the Zoning change collectively. Zone Case 95 -01. Ralph Warner made a motion to approve the seven citizen request to re -zone eleven Lots (Tracts 3A1,' 3A3, 3A4, 5, 5A, 5A1, 5A2, 5A3, 5A4, 5C and 10A) of Abstract 1225 from the current "C- 2" (General Commercial) to that of "OT" (Old Town District). Staff advised that the five property owners that had requested to be included in the re- zoning application would have to make separate application and that said application would be made an Agenda item for the August meeting, if received in time. David Conroy then seconded the Warner motion and all members voted in favor. ITEM NO. 4 - Consideration of a Zoning change for 4.431 acres of property recently purchased, for expansion, by the owner of the Avalon Mobile Home Park, Mr. Don DunWoody. The property is currently zoned "C -2" (General Commercial). The change requested is for a classification of "M1-1" (Manufactured Housing). Ralph Warner stated that had driven through the Avalon Mobile Home Park earlier in the day and that he was impressed with the overall operation. Glynn Cavasos made a motion to approve the requested Zoning change for the 4.431 acres of land made up of Tracts 28A and 28B of the Woodlea Acres Sub Division, that Zone change being from the current "C -2" to that ofq,`MII ". Cliff Hallmark seconded the motion and all members voted in favor. At that point, Ted Rowe advised the Commission that the 4.431 acres would require future Platting prior to expansion of the Park becoming a reality and that said Platting would require approval by both the Planning and Zoning Conun fission as well as the City Council. ITEM NO. 5 - Discussion relating to the drafting of required Ordinances and the updating of others. David Conroy stated that he considered the last sentence of paragraph 2, in Section E., of the recently drafted Fencing Ordinance, somewhat confusing or ambiguous. After a short discussion on how the sentence should be modified/re- written, Conroy made a motion to accept the Fencing Ordinance draft contingent upon incorporating the following change to the above referenced sentence: "However, no fence over 30 inches in height shall be placed closer than 15 feet from the front corner pin of an adjoining Lot, to provide clear visibility to the adjacent Lot's front yard." Ralph Warner seconded the motion and all members voted in favor. Ted Rowe then advised the Comunission that an Abatement Ordinance was in work at the office of the City's Legal Counsel and that it was nearing the review stage. The Conunission will be provided with a copy of the smooth draft. Staff and Commission members agreed that next priority should be the re -write of the City's Sub Division Ordinance and that we did not have the luxury of taking 21 months to effect a rough draft as had been the case with the Fencing Ordinance. Staff will attempt to acquire copies of Sub Division Ordinances from other cities to provide content review. ITEM NO.6 - Commission and Staff resumption of discussion on the subject of the allowable number of absences before Planning and Zoning Commission members are considered for termination. Ralph Warner was of the opinion that all of the Commission members required more time to give this important matter some additional thought and he made a motion to table the subject until the August 1995 meeting. Glynn Cavasos seconded the motion and all members voted in favor. David Conroy then made a motion to adjourn. Glynn Cavasos seconded the motion and all members voted in favor. Chairman Gray adjourned the meeting at 9:32 p. m. APPROVED: ( p. 514