2011_09.15 PZ MinutesMINUTES
PLANNING & ZONING COMMISSION
SEPTEMBER 15, 2011
KENNEDALE
You're Here,Your Home KENNEDALE MUNICIPAL BUILDING — 405 MUNICIPAL DR.
COUNCIL CHAMBERS
REGULAR MEETING — 7:00 P.M.
WORK SESSION — FOLLOWING REGULAR SESSION
CALL TO ORDER
Chair Ernest Harvey called the meeting order at 7:05 P.M.
ROLL CALL
TYPE NAME PRESENT ABSENT
Regular
VACANT
X
Regular
Billy Simpson
x
Regular
Lori Bryan
X
Regular
Thomas Pirtle, III
x
Regular
Ray Cowan
x
Regular
Ernest Harvey
x
Regular
Charles
Overstreet
x
Alternate
Adrienne Kay
X
Alternate
Randy Swiney
x
REGULAR MEETING
I. VISITORS /CITIZENS FORUM
At this time, any person with business before the Planning and Zoning Commission not scheduled
on the Agenda may speak to the Commission, provided that a "Speaker's Request Form" has been
completed and submitted to the Planning and Zoning Commission Secretary prior to the start of the
meeting. All comments must be directed towards the Chair, rather than individual P & Z members
or staff. All speakers must limit their comments to the subject matter as listed on the "Speaker's
Request Form." No formal action can be taken on these items.
No one requested to speak.
II. CASE PZ 11 -09 to receive comments and consider an ordinance amending Chapter 15, Article V and
Chapter 17, Article VI of the City Code, as amended, by amending regulations governing nuisances
and loud noises, including adding regulations governing low- frequency sounds and pure tones and
adding a requirement for ambient sound testing.
A. Staff Presentation
City Planner Rachel Roberts presented background information on the noise ordinance,
noting that the new amendments would make the ordinance easier to use and provide
for further regulation of noise related to oil and gas production and manufacturing.
Rachel further provided clarification and definition of noise terms and ambient noise,
explaining that ambient measurements would include 'normal noises' such as insects.
Ms. Roberts also recommends that explanatory tables be added to the ordinance for
further clarification.
Chair Harvey posed questions related to the definition of 'ambient sound,' which were
clarified by Ms. Roberts. She explained that special events would not be counted in
ambient sound and that the racetracks within Kennedale boundaries were currently
allowed to work with higher sounds due to other legal and regulatory procedures taken
year ago.
Commissioner Overstreet restated the need for a readable, understandable table to be
included in the Ordinance and raised concerned about the 'ambient sound,' stating that
the Ordinance should reflect on 'peak sound' over the ambient level for the city.
Chair Harvey requested that the definition of 'ambient sound' be changed to read to
refer to the total accumulation of sound that is constant and noted that duration of
sound relating to peaks in sound also needs to be addressed. The acceptable duration
of peak sounds beyond the ambient was discussed. The Chair also recommended
defining the terms 'low, mid, and high frequencies,' addressing the issue of dispersion,
and setting the testing_ distance at 300ft. No matter the ambient sound around a
particular area, 80 decibels may not be exceeded for more than a period of time
deemed to be 'annoying.'
No further discussion was held.
B. Public Hearing
Public hearing was opened, and having no speakers it was closed.
C. Staff Response and Summary
Ms. Roberts stated that staff recommends approval of the Ordinance based on the
direction given during the staff presentation.
A motion to approve the recommendations to council for PZ Case 11 -09 with the
modifications as stated by staff was made by Billy Simpson, second by Charles
Overstreet. The motion passed unanimously.
III. MINUTES
Approval of minutes from the August 18, 2011 Planning & Zoning Commission meeting.
A motion to approve the minutes as presented was made by Adrienne Kay, second by Ray Cowan.
The motion passed unanimously.
IV. ANNOUNCEMENTS
A. Staff reports on city projects
Ms. Roberts announced that the Bird Habitat and Park Cleanup will be held on
October 8 th in Sonora Park, the 9 -11 Memorial dedication and the Public Safety
Open House will be held on October 15 and the APA conference will be held on
October.
B. Other announcements from staff or Planning & Zoning Commission members
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No other announcements were made.
V. ADJOURN REGULAR MEETING
A motion to adjourn the regular session was made by Ray Cowan, second by Thomas Pirtle.
The motion passed unanimously.
The meeting was adjourned at 7:59pm.
VI. WORK SESSION
Chair Ernest Harvey opened the work session at 8:00pm.
A. Sexually Oriented Business Designated Locations
Chair Harvey recommended designating only 4850 HWY 287, 4970 HWY 287, 6990 E Kennedale
Parkway, 426 S Dick Price Rd, 404 S Eden Rd as SOB sites. Commissioner Overstreet mentioned
that the current owners of selected locations are not under any obligation to sell unless they
wish to do so. The Commission decided that the proposed plan was acceptable, and that that
they would like it to be brought to City Council for consideration.
B. Discuss Items for Future Consideration
VII. ADJOURN WORK SESSION
A motion to adjourn was made by Tom Pirtle, second by Ray Cowan. The motion passed unanimously.
The Work Session was adjourned at 8:20 P.M.
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