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2010_05.20 PZ Minutes1057 MINUTES PLANNING AND ZONING COMMISSION MAY 20, 2010 KENNEDALE MUNICIPAL BUILDING, 405 MUNICIPAL DRIVE COUNCIL CHAMBERS WORK SESSION, 6:00 P.M. REGULAR MEETING, 7:00 P.M. Commission members present: Ernest Harvey (Vice- Chair); Lori Bryan (arrived at 6:05 P.M.), Ray Cowan, Frank Fernandez, Billy Simpson; alternate Jason Galloway, and alternate Lana Sather (arrived at 6:40 P.M.) Staff present: Rachel Roberts (Planner) and James Cowey (Director of Development Services). Mr. Galloway participated in the meeting as a regular voting member. CALL TO ORDER Vice - Chairman Harvey called the work session to order at 6:00 P.M ROLL CALL Ms. Roberts called roll for the work session. WORK SESSION I. A. Proposed Amendments to the City of Kennedale Oil & Gas Ordinance Staff still had a few questions about the proposed changes the Commission wanted to recommend, and Ms. Roberts reviewed the questions with the Commission. Questions included what percentage of property owners must agree to a distance reduction and expiration of special exceptions. Ms. Roberts also asked whether the Commission wanted the distance waiver to be required for floodplains and floodways, and the Commission indicated that it did want a waiver to be required if operators want to drill closer than 600 feet from floodplains and floodways. I. B. Form -Based Codes Mr. Harvey advised the Commission that they could submit a request to University of Texas at Arlington for help in developing form -based codes, and the Commission discussed which areas of town would be best for that purpose. The Commission agreed that Mr. Harvey and Ms. Roberts would work together on developing a proposal for submission to UTA. At 7:04 P.M., the Commission closed the work session and opened the regular meeting. 1058 REGULAR MEETING Vice - Chairman Harvey called the regular meeting to order at 7:04 P.M., and Ms. Roberts called roll. II. VISITORS /CITIZENS FORUM No one wished to speak. III. PZ Case 10 -03 to receive comments regarding a proposed ordinance vacating and abandoning a portion of Bowman Springs Road in the City of Kennedale, Tarrant County, Texas, declaring that such property is unnecessary for use as a public right -of -way. Roadway to be vacated and abandoned is more particularly described as a portion of Lot 1, Block 1, Gaona Addition, a portion of Woodlea Acres Lot 21-A, Block 1, and a portion of Lot 20, Block 1, Woodlea Acres Addition, Kennedale, Tarrant County, Texas. Physical addresses are 1022, 1029, and 1021 Bowman Springs Road. A. Staff Presentation Ms. Roberts gave the staff presentation. She told the Commission that this case was a city - initiated case that was part of the Bowman Springs Road project. The property owners along the portion of Bowman Springs shown in the attached exhibit have petitioned the city to vacate and abandon that section of Bowman Springs. Generally, when streets are vacated, ownership of the land is granted to the owners of the property abutting the vacated land. In this case, the city owns one of the abutting properties and proposes to convey its share of the vacated land to McCaslin Holdings, the owner of property on the other side of the proposed vacation. In return, McCaslin Holdings has agreed to convey to the city another section of land needed for the Bowman Springs road project. The Commission asked to see a better illustration of what land was proposed for abandonment, and city brought in a large plan for the Bowman Springs project and staff pointed out the relevant section. B. Public Hearing No one registered to speak. C. Staff Response and Summary No response was needed. D. Action on Agenda Item III Mr. Galloway motioned to approve PZ Case 10 -03, and Ms. Bryan seconded the motion. The motion passed with all in favor. 1059 IV. PZ Case 10 -04 review and consider action to recommend approval of proposed amendments to Chapter 17, Sec. 17 -426 of the Kennedale city code, by revising regulations governing oil and gas drilling and related operations. A. Staff Presentation Ms. Roberts presented the case and recommended that the Commission make a recommendation to the city council to approve the case. B. Public Hearing Ms. Tiesa Leggett of Chesapeake Operating addressed the Commission. She supported the opportunity for operators to receive a reduction in the waiver requirement. She stated that some cities allow drilling in the floodplain with an engineering certificate. Ms. Roberts had earlier recommended the ordinance revisions include a definition of "completion," and Ms. Leggett provided Chesapeake's definition. C. Staff Response and Summary Ms. Roberts said staff had nothing else to add. D. Action on Agenda Item IV Mr. Harvey reminded the Commission that there were several changes to be made, including adding the floodplain and floodway to be within the 600' waiver requirement and making the number of copies required for submission to be as stated on the application [city form]. Mr. Fernandez made a motion to approve Case PZ 10 -04, upon the stipulation that the additional changes proposed by staff and agreed to during the work session be incorporated, and Mr. Cowan seconded the motion. The motion passed unanimously. V. MINUTES: Approval of minutes from the April 2010 Planning & Zoning Commission meeting. Mr. Fernandez pointed out that Ms. Roberts had left out something he'd said in the April meeting, which could change how a quote from the minutes was interpreted. He asked her to add the missing statement to the minutes. Mr. Fernandez made a motion to approve the minutes from the April 2010 Planning & Zoning Commission meeting with the changes noted by Mr. Fernandez, and Mr. Galloway seconded the motion. There was no discussion and the motion passed with all in favor. IV. STAFF REPORTS 1) Update on City Projects Ms. Roberts provided the Commission with a description of current and upcoming road projects. C1 Ms. Roberts also asked the commissioners whose terms were scheduled to expire in 2010 if they would like to continue to serve; the commissioners were Lori Bryan, Frank Fernandez, Ernest Harvey, Charles Overstreet, and Lana Sather. The commissioners present stated they would like to continue to serve. She also said that the Commission had been invited to attend the National League of Cities' First Tier Suburbs Council meeting to be held in Garland in June. Mr. Cowey described the improvements to be made to the parking lot at City Hall. The Regular Meeting was closed at 7:35 P.M., and the work session was resumed. Ms. Sather joined the discussion during the continuation of the work session. I.B. Form -based Codes The Commission ranked in order of preference the sections of the city for which to pursue development of a form -based code. Using a numbered map provided by staff at a previous meeting, the Commission the areas as follows (1 is first priority, etc.; see map from March 2010 meeting for map): 1. Area # 5 2. Area # 3 3. Area # 1 4. Area # 2 The Commission decided to discuss Area # 6 (the new intersection to be at Bowman Springs and Kennedale Parkway) during a future work session. I.C. Guarantees and Maintenance Bonds for Subdivisions The Commission did not discuss this item during the meeting. I.D. List of Items for Future Consideration The Commission rearranged the order of items for future consideration, with the revised order to be as follows: a. Sandwich Board Signs b. Green / Environmental Regulations c. Bowman Springs d. Incompatible Zoning Districts / Properties e. Storm Water Ordinances and Creek Ordinances f. Comprehensive Land Use Plan g. Salvage Yard Ordinance h. Overlay Zoning District 1061 VI. ADJOURNMENT Ms. Bryan motioned to adjourn the meeting, and Mr. Galloway seconded her motion. All members voted in favor, and the meeting adjourned at 8:43 P.M. David Hunn, Chairman Planning & Zoning Commission ATTEST: Rachel Roberts Planner Regular Meeting & Public Hearing Roll Call if present Lori Bryan Ray Cowan Frank Fernandez Ernest Harvey X David Hunn Charles Overstreet Billy Simpson J/Jason Galloway P;