10-16-1989 (Planning & Zoning) Minutes -
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PLANNING AND ZONING MEETING
MINUTES
OCTOBER 16, 1989
The Planning and Zoning Commission met in regular session on
Monday, October 16, 1989, in the Council Chambers of the
Municipal Complex . A quorum was present and notice of the
meeting had been posted in the time and manner required by
law. Members present were Vice Chairman Bart Peddicord,
Cecelia Wood, Bob Skipwith, Bobby Jennings and Jim Ferguson.
Staff members present were Code Enforcement Officer Roy
Faires, City Secretary Carolyn Jones and Secretary Sandy
Stevens.
Vice Chairman Bart Peddjcord called the meeting to order.
CITY_SECRETARY_TO-ADMINISTER_OATH_OF OFFICE_TO_NKLY
APPOINTED_MEMBER. Carolyn Jones administered Oath of
Office to newly appointed member, Richard Eckman.
CONSIDER_APPROVAL OF THE_MINUTES_OF_THE_AUGUST_70_1989
MEETING. Mr . Skipwith said that the word "lots" should
bc changed on the second page, first paragraph, second
sentence, to read "Mr . Skipwith said any time you increase
the lotsize, he is for it . "
Ms. Wood said that the word "sale" should be changed
on the third page, second paragraph, third line, to read
"Mr. Gooch said his concerns regarding re zoning the
property to Business One (B-1 ) is that it will decrease his
property value and make it more difficult in the future to
SUIT . "
M��. Wood also said the words " is" and "out " on the eighth
page, fifth paragraph, should be changed to read "Mr .
Peddicord asked if we could show our intent with sumething
to the Cuuncil about exactly what we are talking about. "
Ms. Wood also stated that the first sentence of the lift!)
paragraph on page nine should be corrected to read "At this
point , Mr. Chaney pointed out that the preworded motion by
Mr. Fazres was due to difficulty with the Western portion
being rotail and that the Eastern portion of the noted line
remain SF3. "
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Mr , Peddicord said that the first sentence, fifth paragraph ,
on page two should be changed to read "Mr . Faires stated
that the requested re-zoning area is two blocks long and
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there is a possibility of an unknown portion of the land to
be sold off almost immediately. "
Mr' Peddicord also said that the last sentence in the fourth
paragraph on page three should read " Mr. Faires said he
feels that the fear of traffic congestion and light
pollution is not something to worry about because the
privacy of citizens would be required to be protected. "
W. Peddicord made a motion to approve the minutes with the
above corrections. Mr. Ferguson seconded the motion . The
motion was carried with all in favor .
CONDUCT_PUBLIC__HEARING_ON__THE_ZONING__OF_THE_PROPERTIES_ON
NORTH_SIDE_OF_F�_544_{ACROSS_FROM_STEELE_INDUSTRIAL_PARK}
32�419_ACRES__OUT_OF__THE_MOSES_SPARK_SURVEY_ZONING_BUSINESS
2. Mr. Peddicord said that twentyfour letters were
mailed out, two responded, one for , one against. Mr .
Peddicord opened the public hearing by requesting anyone
wishing to speak in favor of rezoning to come forward. No
one responded. Mr. Peddicord then asked for those against
rezoning to come forward.
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Mr. Prnie Schultz stated that he wants property to remain
zoned Agricultural . He said he owns one and a half acres
along railroad on east end.
Mr. Faires advised Mr. Schultz that his property is not
included in rezoning.
Ms. Mary Jones asked for clarification of what B2 means.
Mr . Faires advised it is fairly close to what is there now.
He stated that it is the heaviest commercial zoning that
permits outside sales.
Ms. Jones asked if there are any plans to make it more
attractive. She stated she owns two hundred acres and
expressed concern over appearance of area.
Mr. Faires advised there is no landscape ordinance at this
time. The businesses now are pre-existing, non-conforming,
however , once legitimate zoning is reached, it will become
more conformed with what is permitted in this category.
Mr . Skipwith asked Ms. Jones where her ] and is located.
Ms. Jones explained her land is across the road (south of
514) and adjacent to Steele Park .
Mr. Kenneth McKinney statod his personal home is located on
Lot 7 at the McCord 6. He said B2 zoning is no problem but
-- expressed concern over what will be allowed. Mr . McKinney
advised that two wrecked cars with expired tags moved o/'to
Lot 8 that same day. Mr. Faires explained that a wrecking
yard is permitted only by Specific Use Permit in an
Industrial Zoned area. He added that the Ordinance defines a
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wrecking yard as containing five or more wrecked cars or We
parts of such vehicles whereas a Junk car yard is more
lenient and is allowed in a B2 Zone. Mr . Faires said he was
unaware of a wrecking yard at this location but wouid
investigate it. Mr. McKinney states that he will agree to B2
zoning as long as wrecking yards are not allowed.
Mr. Jennings asked for a description of B2 zoning. Mr .
Faires advises it permits anything except ma/'ufacturing.
Accumulative zoning , through Com/oercial districts,
specifically states we have a Retail lisving. A B1 listiny
sLarts out with anything in a Retail district plus the
following and the B2 says anything in B1 district plus the
following no it permits almost anything except manufacturing
and those things that are specifically listed as used in the
Industrial district . Mr. raires also added that junk or
salvage yards are listed as a Specific Use Permit in ao
Industrial district . Even in an Industrial districL they do
not have vested right to have such yards. They still have to
appIy for Specific Use Permit for Lhat location i/ '
industrial district.
Mr . Jennings asked if the railroad being no close miyht
_~ present a problem. Mr . Faires said no, because in most cases
a buffer zone of about fifty feet is left on each siae of
the railroad track.
Mr. Skipwith asked if the property is presently zoned
Agricultural . Mr . Faires confirued.
Mr . askeg if businesses that fall under B2 use
wuulJ be ac�eptable other than ones requiring Specific Use.
Mr . replied yes, unless required to have Specific Use
Permit they are permitted to use any B2 zone business in
district .
Mr. Ferguson questioned how much the widening of FM544 will
affect the property. Mr . Faires stated it should not affect
it because OF a five foot utility easement across front of
most property.
CONSTDER_ApPROVAL__OF_ZONING__RECOMMENDATION_TO_CITY_COUNCIL
TO.....ZONE.... OSES....._SPARK_.....SURVEY__�
GU3INESS.....2. W. Skipwith made a motion to recommend to
City Council the approval of rezoning of 32. 419 acres out o �:
the Moses Spark survey f' om Agricultural to Business 2. Mr .
Jennings seconded the motior. The motion carried with all io
favor .
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GENERA! _DISCUSSION. W. Jennings said the joint meeting
last week dragged due to the fact the P&Z not dircctly
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involved. However he did enjoy it and found it to be
beneficial .
Mr. Ferguson welcomed Mr. Eckman. Also repeated Mr. Jennings
comments about prior meeting and expressed desire to take
personal campaign of landscaping to Chamber of Commerce and
Mr. Faires closer to holidays.
Ms. Wood questioned Mr. Faires about need for a permit by
person selling firewood at corner of Ballard and Stone Road.
She stated that there is a truck with sign, phone number ,
camper trailer and firewood at this location. Mr. Faires
said he understands it is being used as storage.
Mr. Skipwith asked what can be done about cars left jacked
up in yards, Mr. Faires answered they most be kept covered,
out of sight, if inspection and tags are invalid .
Vice Chairman Bart Peddicord congradulated Mr . Eckman
stating he will give him a map of annexation of city and
will also supply him with updated maps.
Mr . Faires offered Mr. Eckman help from his office in City
.- Hal l anyway possible at anytime.
Mr . Jerry Houser staLes he owns a personal home on Lot 3 of
land to be rezoned B2. He questions the utility easement
line located down center of property. He advised that in
past there was a large butane tank with lines to individual
meters for other people. He said the company is located in
McKinney. Mr. Peddicord advises the deeds should list
company name who has easement. W. Houser replies deed does
not list name. Mr. Faires assured Mr. Houser that he would
locate company, if still in existence, and notify each
property owner of who to talk to and ask for release since
no longer in use.
Mr. Houser expressed appreciation for efforts made to keep
area clean.
Vice Chairman Bart Peddicord thanked citizens for their-
presence.
There being no further business to discuss, Vice Chairman
Peddicord called for a motion to adjourn. Ms. Wood made
motion to adjourn. Mr . Ferguson seconded the motion. Motion
to adjourn carried with all in favor .
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Bart Peddicord
Vice Chairman
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