Loading...
2011_04.21 PZ Minutes1103 MINUTES PLANNING & ZONING COMMISSION APRIL 21, 2011 WORK SESSION - 6:00 PM REGULAR MEETING — 7:00 P.M. CALL TO ORDER Chairman Hunn called the meeting to order. ROLL CALL Members present: David Hunn (chair); Ernest Harvey (vice- chair); Lori Bryan, Ray Cowan, Frank Fernandez, Charles Overstreet, Billy Simpson, Thomas Pirtle (alternate). Members absent: Jason Galloway (alternate) The Commission invited Thomas Pirtle to participate in the meeting. Staff members present: James Cowey (director of development services) I. WORK SESSION, 6:00 A. Comprehensive Land Use Plan Update Chairman Hunn said that the comprehensive plan consultants are in the review stage; they are reviewing information collected from the city, from the advisory committee, and from the public. They plan to deliver a draft plan to city staff in the next several months, possibly as early as late May or early June. Mr. Harvey asked if another meeting for the comprehensive plan advisory group was planned, and Mr. Cowey said he would check with Ms. Roberts. B. Outdoor display regulations Mr. Cowey went over the staff report on this item, explaining proposed changes to the city code. Mr. Harvey asked if the proposed changes in the staff report were numbered correctly. Mr. Overstreet asked if the proposed changes in the staff report are proposals from staff. Mr. Fernandez said he wanted to make sure they weren't opening a Pandora's Box. Mr. Overstreet asked if farmer's markets should be added as an exception, and Mr. Cowey said we could. Mr. Cowey said Chapter 12 is Miscellaneous Provisions and Offenses, which is more code compliance regulations than zoning, and Chapter 17 is zoning, so what is proposed is amending 12 -4 and then referring back to that section in Chapter 17. Mr. 1104 Harvey replied he thought the problem is that they didn't have updated code books with section 4 -227. The Commission discussed flea markets, the definition and in what districts they are allowed. Mr. Fernandez asked about the exemption for cars. Does that mean cars can be displayed? Mr. Cowey noted that these are existing exemptions but he is concerned about it. Mr. Overstreet asked if it counts as display if it's screened by a fence, as at the salvage yards, and other Commission members said that would count as storage. The Commission said salvage yards probably shouldn't be included in the exemptions since they're covered elsewhere. Mr. Cowey questioned the existing verbiage allowing vehicles and industrial equipment to be displayed. Ms. Bryan asked about the requirement that it must be removed from packaging, at a farmer's market, for example, if it's food or something with many pieces. Mr. Harvey said that's why we're exempting those uses. The Commission asked Ms. Roberts to add words 12 -4(c) in the last sentence of the definition amendment proposed for Section 17 -431. C. Noise (nuisance) regulations Mr. Cowey went through the staff report, stating that staff were unsure how best to proceed since the Commission had not received direction from city council. Staff recommended presenting a report to council and asking the council for direction. Mr. Cowey said he thought it best to have one ordinance that other sections referred to. Mr. Harvey said he had done some research and looked at different perspectives. He said Houston uses the American National Standards. He said he tried to pick cities that had race tracks and gas wells, and he said they seemed to deal with gas separately. He said the one that impressed him most was Portland, Oregon. It listed many different uses, and the enforcement method was mailing a ticket. He said where they do the measure where the actual resident or property is experiencing the nuisance. Most of their levels were 55 or 65 where the sound was measured. Comments from other Commission members were positive. Mr. Overstreet noted the difficulty in addressing the issue because of determining how it affects someone inside their home, rather than the noise where it is generated. Mr. Hunn said he didn't necessarily want to wait on city council and recommended staff look at the Portland ordinance and draft something for the Commission to review at the next work session. Mr. Overstreet asked if we get into a problem if we start regulating different standards for different uses. Mr. Cowan asked how you police it. Mr. Overstreet said we might be more general. Mr. Harvey said all the uses pretty much fall within the same standards but that they call out what is unique about a specific type of use and how much that use gets to go over the standards. Mr. Overstreet said the Commission probably needed to dedicate a whole work session to this. He asked if the city needed to be more general? Mr. Harvey said one thing to look at is how noises from different uses have different tones. 1105 Mr. Hunn suggested that Ms. Roberts draft something for the next work session if she has time. Mr. Harvey said he thinks that's what council is looking for, an overarching noise ordinance. Mr. Hunn closed the work session at 7:00 and opened the Regular Session. Regular Session II. VISITORS' /CITIZENS' FORUM No one registered to speak. ROLL CALL Mr. Cowey called roll for the regular meeting. Members present: David Hunn (chair); Ernest Harvey (vice- chair); Lori Bryan, Ray Cowan, Frank Fernandez, Charles Overstreet, Billy Simpson, Thomas Pirtle (alternate). Members absent: Jason Galloway (alternate) The Commission invited Thomas Pirtle to serve as an acting member. III. CASE # PZ 11 -05 to review and consider action on a preliminary plat requested by McCaslin Holdings, Inc. for property located on Bowman Springs Rd, more particularly described as a portion of Lot 1, Block 1 Gaona Addition and a tract from the J. Prickett Survey Abstract 1225, and a tract from the E. R. Mingus Survey, Abstract 1075, Kennedale, Tarrant County, Texas. A. Staff Presentation James went over the staff report. He went over the minor changes that staff suggested be made. He said staff recommended approval of the preliminary plat on the condition the changes be made. Mr. Harvey said there was a 15' drainage and utility easement on the Winding Creek side and asked about an easement on the preliminary plat that is 7 -1/2' in one part and 15' in another. Mr. Cowey said the 15' easement was done before his time with the city, but he assumed that was for the rear lots there. He said there's a retaining wall along that subdivision that makes it 2 or 3 feet higher than this [the proposed] subdivision. He said the 7 -1/2' easement shown doesn't say drainage, it just says easement, and he'd have to pull the prior filed plat to determine what kind of easement it is. Mr. Cowey said maybe the applicant could help with this question. Ms. Bryan asked about the private access easement, and Mr. Cowey said the homes built on the lots would also face Bowman Springs, and the homes would be accessed by the private access easement. 1106 The Commission discussed the easement abandoned through this plat, and Mr. Cowey said it was part of the Bowman Springs Road project. Mr. Fernandez asked if the private access easement in the back, the alley, would create a problem later. Mr. Cowey said staff will have to work out with the developer garbage pickup and mail delivery. Mr. Harvey said he believed those would still be in the front, and this is just a driveway. Mr. Fernandez says it sounds like an alley, and Mr. Harvey and Mr. Overstreet said it's just a driveway, a rear access. B. Applicant Presentation J. D. Farmer, engineer for the applicant, gave the applicant presentation. He said the easement discussed earlier is an existing easement. Mr. Farmer also discussed the private access easement, but the recording did not pick up what he said. Mr. Harvey asked about emergency access, if it would be restricted, and Mr. Farmer said no, fire and police would still be able to access it, and that's why there's a turn - around at the end. It's a standard fire department turn - around. Mr. Cowey asked if they proposed putting in the driveway in the beginning so that the turn around is in place? Bob McCaslin, the applicant, replied to Mr. Cowey's question. He said his intentions are to sell a lot or two and then put the infrastructure in. C. Public Hearing on Case # PZ 11 -05 No one registered to speak. D. Applicant Response None required, as there was no public hearing. E. Staff Response and Summary Mr. Harvey asked how maintenance bonds would be handled if they're going to build the infrastructure as they go. Mr. Cowey said they're not building any public infrastructure, so the bonds may not apply. He said the fire department has plenty of access at the front. Ms. Bryan asked if the development would have an HOA. Mr. McCaslin said he didn't believe it would be necessary, as each homeowner would be responsible for maintaining the individual lots. Mr. Cowey summarized the case and mentioned the new private school that would be built diagonal /across the street from the subdivision. 1107 Mr. Overstreet motioned to approve the preliminary plat, with the changes staff had said needed to be made and clarifying the abandonment, seconded by Mr. Cowan. All members voted in favor. IV. MINUTES, MARCH 2011 PLANNING & ZONING COMMISSION MEETING Mr. Harvey made a motion to approve the minutes, seconded by Mr. Overstreet. The motion passed unanimously. I0011 LA11 4Ji1=1h11�'� (A) Staff reports on city projects Mr. Cowey asked everyone to come out to the Sonora Park dedication on Saturday. Mr. Pirtle asked about the yellow barricades in the street, and Mr. Cowey said it was part of the quiet zone project; it prevents cars from going railroad crossing arms when they're down. Ms. Bryan asked if there was any news on the new stoplight, and Mr. Cowey said they were working on it now, pouring the foundation. Mr. Cowey and the Commission talked about Fellowship Academy and their plans to build a school in Kennedale. (B) Other announcements from staff or Planning & Zoning Commission members Mr. Fernandez mentioned that he would be leaving the Planning & Zoning Commission [Mr. Fernandez was elected to city council]. He said he thinks city council should have at least two meetings a year with Planning & Zoning. Mr. Hunn said the Commission would miss him. Mr. Hunn said he wanted to move Mr. Pirtle up as a permanent member, pending city council approval. VI. ADJOURNMENT Mr. Fernandez made a motion to adjourn the meeting, seconded by Mr. Cowan. All members voted in favor. David Hunn, Chairman Rachel Roberts Planning & Zoning Commission Planner