04.17.1997 PZ Minutesp. 581
CITY OF KENNEDALE
MINUTES OF
PLANNING AND ZONING COMMISSION
PUBLIC HEARING
17 APRIL 1997
COMMUNITY CENTER
Chairman Conroy called the Public Hearing to order at 8:26 p.m.
Commission Members present: Chairman David Conroy, Bryan Lankhorst, Jerry Miller, Cody Rodden
and Ralph Warner with Glynn Cavasos being absent.
City Staff present: Ted Rowe - City Administrator, Michael Box - Director of Development and
Enforcement, Mort Wetterling - Permits /Code Enforcement Department and Susan Brown - Planning and
Zoning Secretary.
PUBLIC HEARING NO. 1 - To receive citizen's comments regarding a request for an Amendment to
Section 17 -421, Schedule of Uses, in the Zoning Ordinance. The applicant, Mr. Eric Elam, is
requesting that a "Vehicle Temporary Storage Facility" be added to the Schedule of Uses after which a
zoning classification be assigned. Staff recommendation is approval of adding said facility to the
Schedule of Uses with the zoning classification being "I" (Industrial).
Mr. Eric Elam gave the Commission a short briefing on the operation of his business. He stated that his
business is simply a parking lot for storing his towed vehicles, for a 60 to 90 day period, awaiting Public
Auction. He presented photographs depicting the neighboring properties having outside storage with
various stages of dismantling and wreckage, all being located within C -2 (General Commercial) zoning
district. Mr. Elam was confused on the difference between City and State Laws, and requested of the
Commission that the City's definitions of salvage yards and parking lots be changed and stated that fair
and impartial treatment was all that he wanted.
PUBLIC HEARING NO. 2 - To receive citizen's comments concerning a proposed Ordinance amending
Chapter 13 and Chapter 17, in the City Code, by providing for regulations for the use of Recreational
Vehicles, Manufactured Homes and Mobile Homes.
No orb appeared to speak for or against this proposed amendment so, Chairman Conroy closed the Public
Hearing at 8:47 p.m.
ATTEST
APPROVED
Planning and Zoning Co ..i Chairman
p. 582
CITY OF KENNEDALE
MINUTES OF
REGULAR MEETING
PLANNING AND ZONING COMMISSION
17 APRIL 1997
COMMUNITY CENTER
Chairman Conroy called the meeting to order at 8:51 p.m.
Commission Members present: Chairman David Conroy, Bryan Lankhorst, Jerry Miller, Cody Rodden
and Ralph Warner with Glynn Cavasos being absent.
City Staff present: Ted Rowe - City Administrator, Michael Box - Director of Development and
Enforcement, Mort Wetterling - Permits /Code Enforcement and Susan Brown - Planning and Zoning
Secretary.
ITEM NO. 1 - Approval of the minutes of the Public Hearing and Regularly Scheduled meeting of the
Planning and Zoning Commission, dated 20 March 1997.
Jerry Miller made a motion to accept the minutes, as drafted, for both the Public Hearing and Regular
meeting of 20 March 1997. Bryan Lankhorst seconded the motion with all members voting in favor
except Cody Rodden who chose to abstain.
ITEM NO. 2 - Consideration of a request to Amend Section 17 -421, Schedule Of Uses, in the Zoning
Ordinance. The applicant, Mr. Eric Elam, has requested that a "Vehicle Temporary Storage Facility" be
added to the Schedule Of Uses after which a zoning classification should be assigned.
Mr. Elam again addressed the Commission and elaborated on the scope of his business operation. He
advised that his business consisted primarily of towing and storing various types of vehicles in various
types of situations, i.e., repossession work for lending institutions, towing of illegally parked vehicles,
towing of vehicles involved in accidents /collisions and the towing of inoperable junk vehicles and the
storage of same. He advised that a computerized log was utilized to record in/out day and date
information and addressed briefly the fees charged/assessed for the various services rendered in his
towing/storage business. Mr. Elam stated that he had, in the past, operated similar operations in both
Dallas and Arlington.
Commission members discussed, in detail, the amending process as it relates to adding a "Vehicle
Temporary Storage Facility" to the Schedule Of Uses in Section 17 -421 of the Zoning Ordinance.
Chairman Conroy advised the Commission members that a description, or definition, for the Storage
Facility should be formulated. The Commission then decided, by unanimous vote, that the use should be
titled an "Impounded Vehicle Storage Facility" and a definition of that use was described as follows:
"An un- enclosed all weather surface area, used exclusively for the temporary parking and storage
of impounded operable or inoperable motor vehicles for a period of time not to exceed ninety (90)
days. Vehicles may not be salvaged, disassembled, or repaired at the facility."
Jerry Miller made a motion to amend Section 17 -421 to include the "Impounded Vehicle Storage" use.
Bryan Lankhorst seconded the motion and all members voted in favor. Following that action,
Commission members engaged in additional discussion relative to not only the storage facility definition,
but also the assignment of an appropriate zoning classification, or classifications, for said use. A number
of motions were made that did not receive a second. At one point a motion was made, and seconded, to
p. 583
Minutes, Planning and Zoning Commission, 17 April 1997, Coned.
assign the "Impounded Vehicle Storage " use to both the "I" (Industrial) and "C -2" (General Commercial)
zoning classifications at which time Staff stated that currently, Wrecking Yards, Salvage Yards and the
storage of junk or inoperable vehicles is only allowed in the Industrial zoning classification and even then
those operators must acquire a Specific Use Permit from the Board Of Adjustment. Additionally,
inasmuch as the proposed Elam facility would be engaged in parking and storing vehicles which clearly
meet the Code criteria of "salvage" and "salvage yard ", what would be the justification for allowing it to
operate within the "C -2" zoning classification, let alone without having first acquired a Specific Use
Permit? Staff further advised that the assignment of a zoning classification, or classifications, should be
carefully reviewed to ensure that said assignment does not conflict with other Sections of the City Code-- -
as an example: Section 15-6 expressly prohibits any place from being used or maintained as a junkyard or
dumping ground or for the storing or leaving of worn out, wrecked or abandoned automobiles, trucks,
tractors or machinery of any kind and that such a place is declared to be a nuisance and that no person
shall create or maintain such a nuisance.
Commission members continued to discuss the proposed Elam use of the property at 441 East Mansfield
Highway and the assignment of a zoning classification which would hopefully prove beneficial to the
applicant while being in the best interest of the community as a whole. A number of motions were made,
all of which failed due to lack of member support. Ralph Warner expressed concern that, in his opinion,
some recent Commission decisions had not been consistent with Code provisions and that said decisions
may have been rendered too hastily. Additionally, Mr. Warner stated that he was of the opinion that
this Agenda Item required more time and investigative research. As a result, Mr. Warner made a motion
to table assignment of a zoning classification, for the "Impounded Vehicle Storage Facility ", until the
next regularly scheduled meeting of 15 May 1997. Jerry Miller seconded the motion and all members
voted in favor with the exception of Cody Rodden, who elected to abstain.
Commission members agreed that their definition of an "Impounded Vehicle Storage Facility" should be
submitted for review by the city's Legal Counsel.
Staff advised the applicant, Mr. Eric Elam, that his Temporary Certificate of Occupancy and Temporary
Business Permit would both remain in effect and valid until such time as a final decision, relative to
assignment of a zoning classification, was rendered by both the Planning and Zoning Commission and
the City Council.
ITEM NO. 3 - Consideration of a proposed Ordinance amending Chapters 13 and 17, of the City Code,
by providing for regulations for the use of Recreational Vehicles, Manufactured Homes, and Mobile
Homes.
Due to the late evening hour, this Agenda Item was tabled until the next meeting of 15 May 1997.
ITEM NO. 4 - Continued discussion concerning the formulation of a Sign Ordinance.
Due to the late evening hour, this Agenda Item was also tabled until the next meeting of 15 May 1997.
p. 584
Minutes, Planning and Zoning Commission, 17 April 1997, cont'd.
DISCUSSION:
Cody Rodden asked of Chairman Conroy to give the Commission an overview /mission for the future.
Impact Fees, Parks, Manufactured Homes and updating the Code definitions were discussed. At 10:18
p.m. Cody Rodden made a motion to adjourn the meeting. The motion was seconded by Ralph Warner
and after all voted in favor, Chairman Conroy adjourned the meeting.
ATTEST
APPROVED
Planning and Zoning �. �� 's : Mn Chairman