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2012_01.19 PZ MinutesMinutes Planning & Zoning Commission 405 Municipal Drive Kennedale, TX 76060 January 19, 2012 I. Call to Order Chairman Harvey called the meeting to order at 6:00 P.M. 11. Roll Call Commissioner Present Absent Ernest Harvey x Charles Overstreet x Lori Bryan x Ray Cowan x Adrienne Kay x Thomas Pirtle X (arrived at 6:01) Billy Simpson x Mr. Harvey welcomed Ms. Kay as a regular member. III. Work Session A. Update on comprehensive land use plan Ms. Roberts gave an update on the progress of the comprehensive land use plan. If progress stays on schedule, the plan would go to city council for consideration in March. B. Oil and gas ordinance Ms. Roberts gave an update on revisions to the oil & gas ordinance. She said she was researching Grand Prairie's leak detection program because it seems to be effective, but she wanted to be sure it would not create a cost burden for operators. She also said staff was considering revising its forms and checklists for receiving information from operators. Finally, she said Julie Wilson from Chesapeake had spoken at the recent chamber of commerce meeting and had said that Chesapeake was going to move most of its drilling activity out of the area. 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817.985.2135 ( Fax: 817- 478 -7169 1135 C. Update on storm water regulations Ms. Roberts provided information on how the city has updated its storm water regulations. Mr. Harvey asked about erosion control and shoreline erosion prevention. Ms. Roberts replied that she thinks the Council of Government's iSWM addresses this issue some, and city also adopted an erosion control ordinance last year. Mr. Harvey had concerns about erosion control on existing uses, not just new construction, and also wondered what FEMA allows in terms of erosion. Ms. Roberts said she look at what the city has on the books for post- construction erosion control. Mr. Cowey said there were several issues to consider in terms of erosion control. D. Discuss any item on the regular session agenda, if needed Ms. Kay wanted to discuss the proposed pole sign for QuikTrip and wanted to know why they wanted it to be so large. Mr. Harvey replied that it would be a question to ask the applicant, but he recalled QuikTrip had said they'd done a study saying they needed to have that sign size due to the visibility at the curve. The Commission discussed the location of proposed sign and visibility from highway in time to make it to the exit for Kennedale Parkway. Mr. Harvey wanted to discuss monument sign height and wanted to hear from the applicant the reasoning behind it. Mr. Cowan had a question about concrete and asked Jake Petras from QuikTrip, 1120 N Industrial Blvd in Euless. Mr. Petras said their engineering and construction department had told him they switched from using reinforced rebar after consulting with a concrete consultant and described the concrete sections they now use. He added QT has a strong sense of importance on concrete and its visual impact on customers, and he handed out engineering specifications for the paving. Mr. Pirtle suggested maybe allowing concrete without reinforcing except at joints, and Mr. Petras was open to adding that language. Mr. Pirtle said he'd like to hear from QuikTrip's engineer, but he could wait for the public hearing. Mr. Petras also handed around a copy of a book showing their concrete specifications. E. Discuss items for future consideration Ms. Kay asked why the work session item about the new intersection at Bowman Springs and Kennedale Parkway wasn't on the work session agenda this time. Ms. Roberts said she had been waiting to hear back from Commission. Mr. Harvey asked Ms. Roberts to add the item to the work session agenda. F. Revisions to the city's noise regulations Ms. Roberts told the Commission that during City Council's January meeting, the Council tabled the proposed noise regulations ordinance based on concerns they have, including concerns about how noise is regulated for different uses. She said it was possible that Council would send the ordinance back to 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817.985.2135 1 Fax: 817- 478 -7169 1136 the Commission for revisions. Mr. Harvey said that he had asked the Council to send this item back to the Commission so they can make changes and deliver what the Council was looking for. He said it was similar to what the Environmental Protection Agency had tried to do with their Noise Control Act in the 1970s. Although it wasn't quite what the city was looking to adopt, it had good technical information in terms of impact on the community. The work session closed at 7:00 P.M., and the Commission took a 5 minute break before opening the regular session. IV. Regular session Chairman Harvey opened the regular session at 7:05 P.M. V. Roll call Commissioner Present Absent Ernest Harvey x Charles Overstreet x Lori Bryan x Ray Cowan x Adrienne Kay x Thomas Pirtle x Billy Simpson x Mr. Harvey again welcomed Ms. Kay as a regular member of the Planning & Zoning Commission. VI. Minutes approval Mr. Pirtle made a motion to approve the minutes, and Mr. Cowan seconded the motion. The motion passed with all in favor. VII. Visitors /citizens forum No one registered to speak. 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817.985.2135 ( Fax: 817- 478 -7169 1137 Mr. Harvey welcomed the members of the public attending the meeting. VIII. Regular items A. CASE PZ 11 -11 to hold a public hearing and consider action on a request to amend the QuikTrip Planned Development District, approximately 2.6 acres located at 1301, 1209, 1207 W Kennedale Pkwy, 5405 High Ridge Rd, 6605 SE Loop 820, and an unaddressed property on SE Loop 820, Kennedale, Tarrant County, Texas, more particularly described as Oak Crest Addition, Block 4, Lots 1A, 2A, 3A, 4, 5A, 6, and 7, a part of Lot 27, Lot 28A (the Well Lot), and Lot 28, Tarrant County, Texas, by amending regulations governing signs, parking, the approved concept plan, and the approved site plan, and amending the district boundaries. The rezoning is requested by QuikTrip. L Staff Presentation Ms. Roberts gave the staff presentation. She said the original Planned Development District for this property was approved in 2009, and since then QuikTrip has developed a new prototype store requiring a larger footprint, which would expand the permitted building size and the boundaries of the original Planned Development District. The new prototype expands products and the shopping experience for customers who are not buying gas but are instead interested in food and beverage purchases. Ms. Roberts said that QuikTrip is requesting to amend the approved pole sign size to allow for a larger sign. During recent visual testing at the site, QuikTrip determined that a much larger sign is needed in order to allow cars going by on 1 -20 to see their sign in time to exit at Kennedale Parkway. They are also requesting an additional monument sign and for both monument signs to be larger than what was originally approved. Changes to the site plan are also requested to allow for the new store design and for changes in the type of concrete used. ii. Applicant Presentation Jake Petras of QuikTrip gave the applicant presentation and responded to questions from the Commission. T. John Casey, engineer for QuikTrip, also addressed the Commission. Mr. QuikTrip was very excited about this new project. They had enjoyed the public - private sector partnership to remove an eye sore from the corner of the entrance to Kennedale and would be building a state -of- the -art facility, upgrading significantly on what had been planned originally. He told the Commission that QuikTrip's business model has changed, moving more toward fresh food offerings, including adding baristas similar to what Starbucks offers. Mr. Harvey thanked QuikTrip for coming forward, and said the city is excited, as well, to have QuikTrip come to Kennedale. He added that the questions the Commission was going to ask weren't because of lack of excitement. The Commission then asked a number of questions; the Commission asked about sign size, visibility, and concrete. 405 Municipal Drive, Kennedale, TX 76060 ( Telephone: 817.985.2135 1 Fax: 817 -478 -7169 1138 After discussion between Mr. Petras and the Commission, the Commission asked if QuikTrip would be open to changing the requested language about the concrete to something like "reinforced concrete or equivalent" and point to the QuikTrip specifications. Mr. Petras said he would be open to that language. The Commission also asked QuikTrip if they could build a lower height monument sign, since the height requested is taller than the proposed building. Mr. Petras suggested 18' instead of the proposed 25. Also, QuikTrip had requested 400 square feet face size for the pole sign, but the plans submitted showed approximately 406 square feet, so the Commission and Mr. Petras agreed that 410 would be a better number to include in the ordinance. iii. Public Hearing William Winsett, 3835 Kennedale New Hope Rd, addressed the Commission. He asked about a zoning change he had applied for about six months ago, which had been tabled. Chairman Harvey notified Mr. Winsett that this part of the meeting was to talk about the QuikTrip case but that the Commission would re -open the Visitors' /Citizens' Forum later so that Mr. Winsett could state his concerns. No one else registered for the public hearing. iv. Applicant Response There being no comments on this case during the public hearing, the applicant had no response. V. Staff Response and Summary Ms. Roberts recommended approval of the request with the changes brought up earlier during the meeting. vi. Action by the Planning & Zoning Commission Mr. Pirtle motioned to approve Case PZ 11 -11 with the changes brought up during the earlier discussion, seconded by Mr. Overstreet. All members except Ms. Kay voted in favor; Ms. Kay voted against. Mr. Cowey stated that this would be a recommendation to the City Council, and the Council would make the final decision when it heard the case in February. B. Case PZ 11 -12 to hold a public hearing and consider action on a request for a change in zoning from "113" Single Family Residential to "PD" Planned Development District for approximately 16 acres located at 5306 Kennedale Sublett, 3190 Joplin Rd, and 3196 Hawkins Joplin Rd, 3 unaddressed parcels on Kennedale Sublett Rd, and 1 unaddressed parcel on Hawkins Joplin Rd, Kennedale, Tarrant County, Texas, more particularly described as James R Hawkins Survey A -792 Tr 1, 1E, 1F, 1G, 1H, 1J, 1K, 1L, & 1M. The rezoning is requested by Vera Coker, Carolyn Williamson, Judith Coker Helms, Donald Coker, Martin & Maria Guevara, and James McDuff. 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817.985.2135 ( Fax: 817- 478 -7169 1139 i. Staff presentation Ms. Roberts gave the staff presentation. She said that the applicants would like the property in question to be rezoned to allow commercial land uses. But since they understood that some of the land uses permitted in the commercial zoning categories may not be palatable to nearby residents and may not be compatible with the city's long -term plans for this area, they were requesting a Planned Development district so they can remove some items from the list of permitted uses. She described the staff review of whether the request was in compliance with the comprehensive plan. She said that rezoning should only be granted, in general, when the rezoning is in compliance with the comprehensive plan, as required by state law. Ms. Roberts added that the state allows some exceptions to this requirement, such as when the comprehensive plan is no longer valid, and that the city can also consider the effect on surrounding properties and the reasonableness or suitability of current zoning. She said the current Future Land Use Plan shows this area as low density residential. The revised comprehensive plan, which is being drafted, shows this area as Neighborhood, with part of the property designated as Urban Village. She said the revised comprehensive plan has not yet been adopted and therefore can't be used as a basis for making zoning decisions, but she included that information to advise the Commission about what might be approved soon. Ms. Roberts reminded the Commission that in August, the Commission tabled a request from another rezoning applicant because it could be argued that the current comprehensive plan was no longer valid, and the Commission did not have a comprehensive plan to use guide its decision. She then said that both the current comprehensive plan and the revised plan as drafted so far include a residential component for this property. The request to rezone to a PD that is entirely in commercial use may not be in compliance with either the current comprehensive plan or the revised plan scheduled to be considered by the city council in March. Ms. Roberts gave comments on the site plan, including landscaping and requested uses, and she said staff would like additional information, such as plans for drainage and pedestrian or bicycle connections, since the city's goal is to be sidewalk- connected. Ms. Roberts said that the Commission had several options when making its decision on this case. It could: (1) Table the case until after the comprehensive plan has been adopted. (2) Table the case until the next Commission meeting, since some information was lacking from the site plan. (3) Approve the request to rezone but add a condition that the Planned Development District include a residential component to be in compliance with the current comprehensive plan. (4) Approve the rezoning as requested. (5) Deny the request. 405 Municipal Drive, Kennedale, TX 76060 ) Telephone: 817.985.2135 1 Fax: 817- 478 -7169 1140 Ms. Roberts recommended tabling the case until after the revised comprehensive plan is adopted, to be consistent with the Commission's earlier decision. ii. Applicant presentation Jim Maibach, 1703 N Peyco Drive, Arlington, was the representative for the applicants and addressed the Commission. Mr. Maibach said this location is adjacent to a heavy interstate area that has commercial and retail uses, and that the applicants want this to be a quality development with professional and retail uses. They developed the site plan as they did in consideration of Steeplechase residents. Mr. Maibach said he and the applicants would be in agreement with tweaking the proposed site plan and ordinance. He said the applicants are looking to have a development that is retail, commercial, and professional uses, with a vision being something similar to the Highlands. He added that the Urban Village concept in the revised comprehensive plan is what the applicants wanted to do, and his and the Cokers' opinion is this is a transition property in terms of zoning [between residential on the west and heavy commercial to the east]. Carolyn Coker Williamson, 3170 Joplin, 5306 Kennedale Sublett, addressed the Commission in favor of the rezoning request, representing the Coker family, who has lived on this property for 70 years. She said their main interest is not to do anything to offend the neighbors, and they would like to see it be a quality project. Mr. Harvey said he had the upmost respect for Mrs. Coker and her family and added the Commission acknowledged that the kind of project they wanted had a similar view to what is proposed in the revised comprehensive plan. He said that what Mrs. Williamson would hear from the Commission is that it's a great opportunity but that on the other hand, the Commission intends no disrespect if they don't accept the requested Planned Development exactly as proposed. iii. Public hearing W G Martin, 1409 Derby Dr, said he had signed up to ask a question but didn't have a question yet. iv. Applicant response Mr. Maibach said there were still some items they would be happy to tweak and uses they're happy to take out. He added that he would meet with anyone who wants more information. Mr. Harvey talked about form -based codes, saying maybe this is an opportunity because the comprehensive plan is not complete. V. Staff response and summary 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817.985.2135 1 Fax: 817- 478 -7169 1141 Ms. Roberts said staff likes the direction the applicants are taking and appreciate the work they've put in so far, but to be consistent with the earlier decision by the Commission, she recommended tabling the Case until the comprehensive plan had been adopted. Mr. Harvey said that as the Commission makes its decision, maybe the direction to take is to table to give the Cokers more time to discuss with the Commission so that it would be a fairly straightforward response by the Commission when it comes back. Vi. Action by P &Z Mr. Overstreet made a motion to table Case PZ 11 -12 until the comprehensive plan is completed. Mr. Pirtle seconded the motion, and the motion passed with all in favor. C. Case PZ 12 -01 hold a public hearing and consider action on an ordinance amending the comprehensive zoning ordinance of the City of Kennedale, as amended, by amending section 17 -420 of the city code, regulations governing overlay districts; and by amending section 17 -424, regulations governing loading docks; providing that the ordinance shall be cumulative of all ordinances; providing a penalty clause; providing a savings clause; providing a severability clause; and providing an effective date. I. Staff presentation Ms. Roberts said the Commission had been working on this item for several months. If approved, the ordinance would remove duplication in the zoning code by removing requirements in the overlay district that are also listed elsewhere. Instead of being listed twice, the duplicate regulations will be published in one section, and relevant sections of the overlay district will then refer to those sections. She added that since the overlay district standards were adopted, other parts of the zoning code have been amended to have very similar standards, but in some cases the newer regulations are more restrictive. In general, the proposed ordinance would make the stricter provisions prevail in each case. ii. Public hearing No one registered to speak at the public hearing. iii. Staff response and summary Ms. Roberts recommend approval. iv. Action by the Commission Mr. Overstreet made a motion to approve Case PZ 12 -01, seconded by Ms. Bryan. The motion passed with all in favor. 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817.985.2135 1 Fax: 817- 478 -7169 1142 IX. Visitors' /Citizens' Forum continued William Winsett returned to podium and described his plans for his property if his zoning request is approved. He said he wants to have some kind of commercial use there, but he doesn't know what's going on with his zoning case. He told the Commission that if can rezone the property commercial, the price goes up, and that he had bought the property to make money. Mr. Harvey explained how the Commission can't make a decision now because the comprehensive plan hasn't been adopted. Ms. Roberts gave Mr. Winsett a copy of the draft comprehensive plan. X. Reports /announcements Ms. Roberts mentioned the city open house on January 28 and the Texas Independence Day Parade in March. Mr. Cowey said Subway was moving into the new building in TownCenter over the weekend and the doctor's office would open in February. He added that the check cashing business was already open, and the old Subway building would be demolished on Monday. He said the developer was going to try to break ground on the new Chicken Express in the next couple of months. Finally, he said the roads were moving along thanks to having a period with no rain. XI. Adjournment Mr. Cowan made a motion to adjourn, seconded by Mr. Pirtle. All members voted in favor. ATTEST: Ernest Harvey, Chairman Planning & Zoning Commission Rachel Roberts Planner 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817.985.2135 1 Fax: 817- 478 -7169 1143