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03/31/2005-PZ-Minutes-RegularMINUTES: PLANNING AND ZONING COMMISSION March 31, 2005 PRESENT: Jerry Jenkins, Shelley Ruland, Ralph Cain, Gail Goodner, Mike James, Polly Dwyer, Ken Perry OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Data Processing Supervisor Paula Morales, William V. Hamilton, Larry Jones, Chris Bengston, H. Moellenkamp, Diane Peterson, Greg McFarland 1. Chairperson Jenkins called Meeting to Order. 2. Approve Minutes: February 17, 2005 Mike James moved to accept the minutes. Motion was seconded by Shelley Ruland. Motion carried unanimously. 3. Conduct Public Hearing to Consider Proposed Changes to the Zoning Ordinances. Chairperson Jenkins declared Public Hearing open. No one spoke for or against. Chairperson Jenkins declare Public Hearing closed. 4. Consider and Possible Action on Recommendation to City Council regarding changes to the 2F zoning category as proposed in Ordinance #04-06-05. Jerry Jenkins expressed concerns of the omissions from the original ordinance. City Secretary indicated the City Attorney made these recommendations in regards to amending this ordinance. Mr. Jenkins advised that the proposed ordinance was either lettered wrong or out of order. City Secretary advised that it would be corrected. Discussion concerning corrections and parking being removed from the ordinance as was recommended by City Attorney. Mike James moved to accept Ordinance #04-06-05. Motion was seconded by Gail Goodner. Motion carried unanimously. 5. Conduct Public Hearing to Consider a Specific Use Permit for Placement of a Mobile Home on Agricultural Zoned Property Legally Described as Metz Estates, Block 1, Lot 4. Chairperson Jenkins declared Public Hearing open. William Hamilton, 10922 Metz Rd., addressed the Board concerning the placement of a new mobile home on this property. He indicated the old mobile home would be placed to the back of the property until they could get it moved. Larry George, 10904 Metz Rd., addressed the Board stating he lives next door to said property. Mr. George expressed concern regarding the old trailer staying on the property. He indicated he did not want the old trailer to "junk up" the neighborhood. Mr. Hamilton indicated he would move the old trailer behind the shop so it would not be visible from the road or from his neighbors' home. Greg McFarland, 10922 Metz Rd., Owner of the Property, addressed the Board indicating the property would be in his name until the Hamilton family could pay for it. The mobile home has to stay on the property until it is condemned or until permission can be obtained from the mortgage company to remove it from the property. Discussion continued. Public Hearing closed. 6. Consider and Possible Action Regarding a Specific Use Permit for Placement of a Mobile Home on Agricultural Zoned Property Legally Described as Metz Estates, Block 1, Lot 4. Discussion on a time frame for the mobile home to be moved. Mr. McFarland indicated he could not give a time frame until he spoke with his mortgage company; however, if the city condemn the mobile home then he would remove the property. Discussion. City Manager indicated the HUD Manufactured Housing Act says an old mobile home can be replaced by a new mobile home if it meets standards; however, the ordinance prohibits a mobile home being anywhere other than a mobile home park. The new mobile home has to be removed before moving the new one or they will be in violation of the law. Discussion on subdivision ordinances. Discussion in regards of removing the old mobile home. Polly Dwyer moved to recommend to City Council approval contingent that the old mobile home be removed upon the placement of the new mobile home. Motion seconded by Mike James. Motion carried unanimously. 7. Conduct Public Hearing to Consider a Specific Use Permit for a Temporary Concrete Batch Plant to be Located on Property Legally Described as Sable Creek Phase I. Chairperson Jenkins declared Public Hearing open. No one spoke for or against. Chairperson Jenkins declared Public Hearing closed. 8. Consider and Possible Action Regarding a Specific Use Permit for a Temporary Concrete Batch Plant to be Located on Property Legally Described as Sable Creek Phase One. Discussion on the time period and specific use.Ken Perry moved to approve the Specific Use Permit for a Temporary Concrete Batch Plant to be Located on Property Legally Described as Sable Creek Phase One. Motion was seconded by Shelley Ruland. Motion carried unanimously. 9. Consider and Possible Action on the Preliminary Plat for Sanger Industrial Park, Being 5 Lots on Tracts 1 and 2. Discussion followed. The 60 ft. easement was discussed to possibly make it a 60 ft. Right-of-Way public access road. Staffs recommendation is for approval of a preliminary plat, per engineer. Shelley Ruland moved to accept the Preliminary Plat for Sanger Industrial Park, Being 5 Lots on Tracts 1 and 2 with changing the 60' ft. access and utility easement into a 60' ft. right of way. Motion was seconded by Gail Goodner. Motion carried unanimously. 10. Consider and Possible Action on the Final Plat for Sanger Industrial Park, Being 5 Lots on Tracts 1 and 2. Discussion on TXDOT permit and the existing easements. Polly Dwyer moved to accept the Final Plat for Sanger Industrial Park, (as referenced in the engineer's letter), Being 5 Lots on Tracts 1 and 2 with the contingency that all documents be received prior to the City Council meeting, for Council approval, that correction of the lot lines be made , and easement concerns addressed. Motion was Seconded by Mike James. Motion carried unanimously. 11. Conduct Public Hearing to Consider a Zoning Request Change from Ag (Agriculture) to 1-1 ( Industrial -1) on Property Legally described as Abstract 940, McKinney and Williams Survey, Tract 4, being 2.34 Acres, and Abstract 940, McKinney and Williams Survey, Tract 6, being 4.00 acres. Property is Located off of Cowling Road. Chairperson Jenkins declared Public Hearing open. No one spoke for or against. Chairperson Jenkins declared Public Hearing closed. 12. Consider and Possible Action Regarding a Zoning Request Change from Ag (Agriculture) to 1-1 ( Industrial -1) on Property Legally described as Abstract 940, McKinney and Williams Survey, Tract 4, being 2.34 Acres, and Abstract 940, McKinney and Williams Survey, Tract 6, being 4.00 acres. Property is Located off of Cowling Road. Discussed what constitutes spot zoning. City Manager indicated that zoning needs to be established, this was annexed as AG zoning. Discussion concerning the location of the property and that the existing owner wants to expand his business. Ralph Cain indicated this business builds, stores, and repair trucks for Peterbilt and builds trailers for big trucks. The owner is Nim Ashley. Shelley Ruland expressed concerns regarding the buffering and fencing, and wanted assurance that the city is going to enforce the City Ordinance requirements. Discussion on the property owners within 200 ft. of this property being notified. Mike James moved to approve the request contingent upon the property owners letters having been sent. Motion seconded by Gail Goodner. Motion carried unanimously. 13. Consider and Possible Action on Classification of a New and Unlisted Use. Jerry Jenkins indicated that Ms. Peterson is wanting to put in a sign shop that may include some welding and there is not a zoning category for this. Ms. Peterson addressed the board concerning her type business. Discussion concerning the type of business and the category it needs to be in. Ken Perry indicated he would recommend 1-1 (Industrial) for this business classification because of its diversity. Ms. Peterson indicated she would be having a lot of customers going in and out of her business and was hoping she could get a better classification than Industrial. She does not want to be put in an industrial area. Discussion continued. Mike James moved to recommend an 1-1 zoning classification for this business. Motion was seconded by Gail Goodner. Motion carried unanimously. 14. Discussion Regarding Ordinances relating to Planning, Zoning, and Development. Discussion on the maps that were requested from Samantha two months ago on subdivision and city streets. This was needed to allow Planning and Zoning to prepare a thoroughfare plan. City Secretary indicated that Samantha's computer had crashed and she lost all of the programs relating to her maps. She has tried to get a copy from a previous engineer; however, was unsuccessful. Staff finally decided to purchase software at a cost of around $ 5000.00. City Secretary advised she will get maps to the members as soon as Samantha gets them printed. 15. Meeting adjourned.