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01.17.2002 PZ Minutes Pg. 738 CITY OF KENNEDALE MINUTES OF PLANNING AND ZONING COMMISSION REGULAR MEETING 17 January 2002 MUNICIPAL BUILDING Chairman Johnson called the meeting to order at 7:21 P.M. Commission Members Present: Bryan Lankhorst, Bria n Johnson, Hollis Mathew s, Brian Seekins, and David Hunn. Ray Cowan was absent. Chairperson Brian Johnson requested alternate David Ragsdale to Join the Commission. City Staff Present: Mort Wetterling, Perm its/Code Enforcement/Planning Department Millie Wells, Planning Assistant/P&Z Secretary Linda Royster, Director of Utility Billing 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 co mments must be directed towards th e Chairman, 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. There were no citizens presen t to address the Commission. ITEM NO. 1 – Approval of the minutes of the Public Hearing and Special Meeting of the Planning and Zoning Commission, dated 20 December 2001. Bryan Lankhorst made a motion to approve the minutes as drafted. David Hunn seconded the motion and all Commission Members voted in favor. ITEM NO. 2 – Commission Members will review and make recommendation relating to an Amendment to the Overlay District Ordinance regarding the post ponement of enforcement of compliance relative to nonconforming signage, nonconforming parking practices, and the establishment of the required landscape setback areas, until such time as the widening of Bu siness 287 project has reached the completion stage. Commission Members engaged in discussion regarding the provisions of the proposed Amendment. Concern was expressed relative to the time frame that would elapse before compliance would be required in the areas of landscape installation, appropriate parking and elimination of inappropriate and abandoned signage, all of which contributes to the less than desirable appearance that Business 287 currently presents. Some Commission Members were of the opinion that compliance should be enforced as the 287 widening progresses over waiting until overall completion is atta ined. Assurance was requested and received, from City Staff, that the Amendment did not in any way, shape or form delete or delay action to be taken relative to the Sexually Oriented Businesses, Wrecking Yards, Welding Shops, Chemical Operators and other locations which need to disband and/or relocate. Assurance was also given that those locations which must acquire a Special Exception will be required to do so. Lastly, outside storage and the screening of same along with improperly positioned outside storage and screening positioned in required setback areas was discussed after which Bryan Lankhorst submitted a motion to recommend approval and adoption of the proposed amendment to the City Council. David Hunn seconded the motion and all Commission Members voted in favor. Pg. 739 ITEM NO. 3 – Commission Members will review and make recommendation to the Council regarding the adoption of the capital improvements plan and impact fees as presented by Rimrock Consulting Company, and that the Council amend the current impact fee ordi nance to include the maximum allowable impact fees calculated by Rimrock as the City’s new water and sewer impact fees. The Commission and City Staff engaged in a discussion and exchange of ideas and questions relative to the proposed increase in Water and Sewer Impact Fees, to the maximum level, in accordance with State Law. The need for an additional well, or wells, and storage facilities were addressed as was the City Engineer’s recommendations that the acquisition of water from another Municipal entity, be investigated and/or researched. At the conclusion of this lengthy disc ussion, David Hunn submitted a motion to send forward to the City Council the Impact Fee Advisory’s recommendation for increasing the City’s Water Impact Fee to the maximum level of $ 2936.72 and increasing the City Sewer Impact Fee to the maximum level of $167.98 both of which were prescribed in the Rimrock Consulting Company’s investigative study and recommendation. Bryan Lankhorst seconded the motion and four voted in favor with one member abstaining. ITEM NO. 4 - Commission Members will review, consider, and forward their recommendation to City Council for the drafting and adoption of an Ordinance that will put into effect the assessment of Street Impact Fees, in amounts that has been recommended by the City Engineers and the Rimrock Consulting Company. Commission Members and City Staff engaged in an exchange of rhetoric during which time a number of required street improvements projects were addressed. Required street improvement projects relating to Kennedale Sublett Road, Bowman Springs Road, Penns ylvania Avenue as well as proposed plans for extending and connecting Little School Road with Business 287 were all discussed in varying degrees of detail with the end result being a unanimous consensus of opinion that the assessmen t of Street Impact Fees was long overdue and that assessment at the maximum level allowable by law was considered to be a necessity if hopes of achieving the present and futu re goals were ever to become a reality. At the conclusion of a very lengthy and fact-finding discussion, Bryan Lankhorst submitted a motion to send forward to the City Council the Impact Fee Advisory Committees Recommendation for the establishment and adoption of an Ordinance which would, in effect, bring about the assessment of Street Impact Fees in the maximum amount allowed by law and as recommended by the City Engineers and the Rimrock Consulting Company. The recommended fee was established as being $ 1,051.00 per single-family dwelling and an assessment of $ 1,817.00 per 1,000 squa re feet of space for retail establishments. Brian Seekins seconded the motion and all members voted in favor. STAFF COMMENTS – Mort Wetterling very briefly brought the Commission up to date on the construction activities in the Oakhill Park Subdivision, followed by his statement he had no new information to provide relative to the concerns regarding the Little School Road widening/s traightening project. Commi ssion Members, at this time, made inquiry to whether each member of the C ity Council received a copy of the City Attorney’s very important and meaningful material relating to Spot Zoning and the criteria for granting approval of a request for a change of zoning. Staff responded by saying that that inquiry would be investigated. In response to Commission questions concerning the status of the Albertson and Wal-Mart proposed construction sites, the Commission receive d all of the information that has been made available or has been acquired by City Staff to date. Pg. 740 ADJOURN With no further business to discuss, David Hunn made a motion to adjourn. Brian Seekins seconded the motion and all Commission Members voted in favor. Chairman Johnson than adjourned the 17 January 2002 meeting of the Kennedale Planning and Zoning Commission at 8:37 P.M. ATTEST APPROVED _________________________________ ___________________________________ Secretary, Planning & Zoning Commission Chairman, Planning & Zoning Commission