2011_05.19 PZ MinutesMINUTES
PLANNING & ZONING COMMISSION
MAY 19, 2011
KENNEDALE MUNICIPAL BUILDING — 405 MUNICIPAL DR.
COUNCIL CHAMBERS
WORK SESSION - 6:00 PM
REGULAR MEETING — 7:00 P.M.
CALL TO ORDER
Chairman Hunn called the meeting to order at 6:05 P.M.
ROLL CALL
Ms. Roberts called roll. She told the Commission that Mr. Galloway had said he no longer
wished to serve on the Commission.
Members present: David Hunn, Chair; Ernest Harvey, Vice - chair; Lori Bryan, Charles
Overstreet, Billy Simpson; Thomas Pirtle (alternate)
Members absent: Ray Cowan; Jason Galloway (alternate)
Staff present: James Cowey, director of development services; Rachel Roberts, planner
Mr. Pirtle was called to serve as a regular meeting in Mr. Cowan's absence.
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I. WORK SESSION, 6:00
A. Comprehensive Land Use Plan Update
Ms. Roberts gave an update on the progress of the comprehensive land use plan update.
She said they were working with the consultant to continue reviewing data, and they were
doing additional field work. Staff would be meeting with the consultants to set up the next
advisory committee meeting date.
B. Outdoor display regulations (see also Agenda Item III, Case PZ 11 -06)
Ms. Roberts said this item was on the work session agenda to give the Commission an
opportunity to make changes to the draft ordinance presented by staff before the public
hearing later in the meeting. Mr. Harvey asked what was the significance of having only
one item on display? Ms. Roberts said it was a way to limit display, but if the Commission
was uncomfortable with that stipulation, they could change it. The Commission did not
indicate.it wanted to change that part of the drafted ordinance. Ms. Bryan asked if a boxed
item with multiple pieces would be considered one item or more than one item, and Ms.
Roberts said it would be one item. For example, if a toy store wanted to display a tea set,
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the whole tea set would be one item. Mr. Pirtle confirmed if it had to be unpackaged, and
Mr. Harvey confirmed it did. Ms. Roberts said the intent was to make sure it was used for
display, and not storage. Ms. Bryan asked about point -of- purchase displays, where several
of the same item are displayed together, and a customer picks one of the items and
purchases it inside. Ms. Roberts replied that it was not intended that customers be able to
select an item on display and then go inside and purchase it.
C. Noise (nuisance) regulations
Ms. Roberts said she was still reviewing Portland's regulations. She said some of the
things the Commission had liked about the Portland regulations were also in the
regulations of other cities in the Metroplex. She added that she would continue to work on
this item during the next few months. Mr. Harvey said he would be happy to help in any
way needed. Mr. Overstreet suggested looking at sound perception. Mr. Harvey
suggested looking at how sound is measured, as well as metering (A weighting, C
weighting, etc.).
D. Oil and gas ordinance
Ms. Roberts told the Commission that the Board of Adjustment had requested some
changes to how special exceptions are handled for waivers from the requirement that no
drilling make take place within 600' of a habitable structure unless all affected property
owner agree in writing. Several members of the Board of Adjustment believe this is not an
issue to be addressed through special exceptions and would prefer the city code be
changed so that these matters may be handled a different way. The Commission
discussed this item. Mr. Overstreet said this matter puts the BOA in an awkward position
and added that the waiver exception nullifies the 100% standard. Mr. Harvey replied that
the original intent was that the operator had to show they had made every effort in good
faith to make a deal with those who would not sign a waiver, and then the BOA could
make a decision. Mr. Pirtle added that it's redefining the standard. Ms. Bryan asked what
made them think they needed to go another 300 feet? Mr. Overstreet said he was
uncomfortable with the idea that an operator could buy their way out of an ordinance and
that he thought it should be 600', period. Mr. Harvey asked what steps the Commission
should take, and he suggested repealing the waiver option. Ms. Roberts said she would
bring the Commission an ordinance amendment repealing the waiver option as well as a
second option based on how other cities in the area handle waivers.
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The Work Session was closed at 7:06 P.M., and the Regular Session was called to order
immediately after.
REGULAR MEETING, 7:00 P.M. [called to order at 7:06 P.M.]
II. VISITORS /CITIZENS FORUM
No registered to speak on this agenda item.
III. CASE # PZ 11 -06 to review and consider action on an ordinance amending Chapter 12,
Section 12 -4 and Chapter 17, Sections 17 -413A, 17 -414, and 17 -431 of the Kennedale
city code (1991), as amended, by amending regulations governing outdoor display of
merchandise and amending definitions.
A. Staff Presentation
Ms. Roberts gave the staff presentation. The Planning & Zoning Commission has been
working for some time to clarify and strengthen the city's regulations governing outdoor
display. Sections 4 -226 and 4 -227 were adopted last year, and the code revisions
proposed under this agenda item will further clarify the city's regulations on how
merchandise should be (and should not be) displayed outdoors.
B. Applicant Presentation
The applicant was the city, so there was no separate applicant presentation.
C. Public Hearing on Case # PZ 11 -06
No one registered to speak on this agenda item.
D. Applicant Response
The applicant was the city, so there was no applicant response.
E. Staff Response and Summary
Staff recommended approval.
F. Action of Case # PZ 11 -06
Mr. Harvey made a motion to approve, seconded by Mr. Overstreet. All members voted
in favor.
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IV. MINUTES
Approval of minutes from the April 2011 Planning & Zoning Commission meeting
Mr. Harvey motioned to approve the minutes from the April 2011 meeting, seconded by
Ms. Bryan. All members voted in favor.
V. ANNOUNCEMENTS
A. Staff reports on city projects
Ms. Roberts and Mr. Cowey provided an update on city projects. Ms. Bryan asked
about progress on Sublett, and Mr. Cowey replied that the utilities were out of the way.
Mr. Cowey told the Commission that the developer for TownCenter would be starting the
foundation for the first building in the next few weeks.
B. Other announcements from staff or Planning & Zoning Commission
members
The Commission discussed the city -wide cleanup to be held the upcoming weekend.
Mr. Harvey thanked the planning department for coordinating the recent work done by
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landscape architecture students from the University of Texas at Arlington.
VI. ADJOURNMENT
Ms. Bryan made a motion to adjourn, seconded by Mr. Harvey. All members voted in favor, and
the meeting adjourned at 7:23 P.M.
ATTEST:
David Hunn, Chairman Rachel Roberts
Planning & Zoning Commission Planner