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2010_01.21 PZ MinutesM11 MINUTES PLANNING AND ZONING COMMISSION JANUARY 21, 2010 KENNEDALE MUNICIPAL BUILDING, 405 MUNICIPAL DRIVE COUNCIL CHAMBERS WORK SESSION, 6:00 P.M. REGULAR MEETING, 7:00 P.M. Vice - Chairman Harvey called the work session to order at 6:03 P.M. Members present: Ernest Harvey (Vice- Chairman), Lori Bryan, Ray Cowan, Frank Fernandez, Charles Overstreet, Billy Simpson, and Jason Galloway Staff present: James Cowey (Director of Development Services) and Rachel Roberts (Planner). CALL TO ORDER ROLL CALL WORK SESSION, 6:00 Mr. Harvey asked the Commission to change the order of the work session items. The Commission agreed. I -D Guarantees and Maintenance Bonds for Subdivisions Ms. Roberts told the Commission that she had looked at how other cities use a percent built -out approach to maintenance bonds. Although she had not seen any cities in Texas that used the build -out approach, there are cities and counties in other parts of the country that do. Ms. Roberts gave an overview of the approaches described in the staff report. [part of the discussion was not recorded on the tape due to technical difficulties] The Commission agreed that the build -out percentage should be at least 50 %, and the Commission members were also interested in allowing developers to reduce the amount of the cost that must be covered by bonds as the development is built out. The Commission asked Ms. Roberts if any of the cities she'd studied allowed a reduction in the amount to be covered by the bonds. She said that a few of the cities allowed it and gave an example of Dorchester County, in which a developer could ask for a reduction in the bond amount when the improvements were 55 %, 75 %, and 90% completed. The Commission was in favor of the idea of requiring the two -year maintenance bond to be required at 75% build -out, with a reduction in the bond amount possible at 80% build -out and so on. Mr. Cowey said that the city could not issue building permits for a subdivision if the improvements had not bee accepted and suggested that the bond should be for two years, plus a year from the day the developer reaches 75% build -out, and that the developer could reduce the amount to be covered by the bond to 50% once the developer reaches 50% build -out. 1044 The Commission was not certain that a bond company would be willing to issue maintenance bonds under those circumstances. The Commission asked staff to check with bond companies to see if they would issue bonds under a percent built -out approach. I -C Outside Storage Regulations including Loading Dock and Screening Ms. Roberts reviewed the changes staff had made to the proposed changes at the Commission's request. She asked the Commission if the members wanted to allow industrial districts to have different screening requirements, exempting them from the masonry requirements stated elsewhere. Ms. Roberts said she would change the ordinance draft to reflect that change. Some of the Commission members asked staff to address maximum height requirements in the language she drafts. The Commission agreed to go to public hearing on this item in the February meeting. 1 -13 Possible changes to the City of Kennedale oil and gas ordinance The Commission went over the staff recommendations and the results of the round table discussion. Ms. Roberts also said that she had distributed to the members comments from DFW Midstream [the comments had not been submitted to the city in time to distribute to the Commissioners in their pre- meeting packets.] She also stated a comment from Kristina Stacey of EOG Resources, asking if the Commission would be willing to measure the 600' minimum distance from the wellhead, instead of from the edge of the pad site. The work session closed 6:59 P.M. REGULAR MEETING Vice - Chairman Harvey called the regular meeting to order at 7:06 P.M., and Ms. Roberts called roll. II. VISITORS /CITIZENS FORUM Several representatives from gas operators commented on the proposed changes to the oil & gas ordinance. The speakers were .Ray Oujesky from Chesapeake Operating, Tiesa Leggett from Chesapeake Operating, Mark Baysden from Jacobs Engineering, and Pat Vader, a Kennedale resident and member of the Board of Adjustment. Ill. Public hearing for an ordinance amending Chapter 17 of the City Code, as amended, by amending regulations governing commercial and industrial zoning districts. Ms. Roberts gave the staff presentation. No one spoke at the public hearing. The Commission discussed the proposed ordinance amendments. Mr. Overstreet moved to 1045 approve the ordinance amendments with the changes made during discussion. Ms. Bryan seconded the motion, and the motion passed with all in favor. IV. Public hearing for an ordinance amending Chapter 17 of the City Code, as amended, by establishing regulations concerning guest houses and by amending Sec. 17 -431 Definitions. Ms. Roberts gave the staff presentation. No one spoke at the public hearing. Staff recommended the Commission make a recommendation to city council to approve the proposed amendments to the city code. Mr. Overstreet made a motion to approve the amendments with changes as discussed and to send to city council; Mr. Cowan seconded the motion. The motion passed with all in favor. V. MINUTES: Approval of minutes from the December 17, 2009 Planning & Zoning Commission meeting. Mr. Fernandez made a motion to approve the minutes from the December 17, 2009 Planning & Zoning Commission meeting. Mr. Overstreet seconded the motion, and the motion passed unanimously. VI. STAFF REPORTS 1) Update on City Projects Staff told the Commission about the proposed Fallen Heroes memorial and about the steel from the World Trade Center that the city would be receiving. Staff also spoke about the pending sustainability grant for Kennedale Parkway in front of Town Center and improvements to Sonora Park and told the Commission that bids had been awarded for the Bowman Springs road project and for the 16" water line. Mr. Harvey asked if the city planned to celebrate the projects, reminding staff and the Commission that the city's strategic planning consultant had emphasized the importance of celebrating accomplishments. The Regular Session closed at 8:17 P.M. at that time, and the work session resumed. Commissioner Overstreet left the meeting at that time. I -A Possible changes to residential zoning district classifications: form -based codes Mr. Harvey told the Commission about the presentation on form -based codes made to the city council during its January meeting. The council had given the Commission encouragement to 1046 begin researching how and where the city could use form -based codes. The Commission decided to pick a few properties to use as examples. I -E List of Items for Future Consideration The Commission decided not to work on this item during the January meeting. VII. ADJOURNMENT Mr. Fernandez moved to adjourn the meeting, and Mr. Cowan seconded the motion. The motion passed unanimously, and the meeting closed at 9:12 P.M. David Hunn, Chairman Planning & Zoning Commission ATTEST: Rachel Roberts Planner