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.
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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
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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
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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