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06.20.2002 PZ Minutes Pg. 749 CITY OF KENNEDALE MINUTES OF PLANNING AND ZONING COMMISSION REGULAR MEETING 20 June 2002 MUNICIPAL BUILDING Chairman Johnson called the meeting to order at 7:06 P.M. Commission Members Present: Brian Johnson, Hollis Ma thews, Brian Seekins, David Hunn, and Bryan Lankhorst. Ray Cowan resigned due to his appointment to City Counsel. Alternate Jim Ragsdale was moved up as Mr. Cowan’s replacement. City Staff Present: Mort Wetterli ng, Permits/ Planning Department Millie Wells, Permits/ Planning Department/ P&Z Secretary 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 regularly scheduled meeting of the Planning and Zoning Commission, dated 16 May 2002. David Hunn made a motion to approve the minutes as drafted. Hollis Mathews seconded the motion and Commission Members Brian Johnson, Brian Seekins, David Hunn, and Alternate David Ragsdale voted in favor with Hollis Mathews and Bryan Lankhorst abstaining. ITEM NO. 2 – Commission Members will give consideration to a request to re-zone approximately 1.04 acres of land, made up of Lot 23 of Block 4 as well as Lots 4, 5, & 6 of Block 5, all of which are in the Oak Crest Addition. The requested change of zoning cla ssification for the property at 5421 High Ridge Road, currently zoned “C-1” (Restricted Commercial) as well as a change of zoning for the properties located at 5414, 5420, and 5424 High Ridge Road, currently zoned “R-3” (Single Family Residential). The requested change of zoning is for an “I” (Industrial) classification, for all four locations. The applicant is Mr. Frankie Wheeler of 3159 Mims Street in Fort Worth, TX. Commission Members discussed, at length, the existing z oning classifications that are currently in place in the Oak Crest Addition. The negative impact that the Frankie Wheeler operation has on the improvement plans for the area were also addressed. The impact th at creating a 1.04 acre of Industrial use within a currently zoned “C-1” and “R-3” area was reviewed. Th ree of the four Wheeler lots are surrounded on three sides by Residential zoning while the fourth Wheeler lot is positioned within “C-1” zoning which prohibits outside storage. Due to the size of the property under consideration, the question of spot zoning became an issue. At the Commissioner’s request, sta ff provided material received from the City Attorney, which addressed guidelines and matters to be review ed and considered when faced with a case, which could fall under the parameters of spot zoning. Texas Supreme Court material connected with the City of Pharr, Petitioner v. E.A. Tippitt, Respondent Case No . B9657) was read and reviewed. Following that Pg. 750 review and discussion it was determined that the Wheeler Zone Change Request did not serve the best interest of the area and that it presented itself as a classic case of illegal spot zoning. Commissioner David Hunn than made a motion to deny the request for a change of zoning for the four Wheeler lots. Commissioner Hollis Mathews seconded and all Commission Members unanimously voted in favor of denial. Mr. Wheeler was advised that his case would be heard by the City Council on Thursday, 18 July 2002 at 7:30 P.M. in Council Chambers. Mr. Wheeler stated that his neighboring property owners had no opposition to his request however, none were present to substantiate that claim or speak on his behalf. ITEM NO. 3 – Commission Members will discuss and engage in an exchange of dialogue relative to possible changes, additions, or deletions to the current Subdivisions Regulations, as they exist. Abolishment of front entry garages in the “R-1” and “R-2” zoning classifications, requirements for masonry fireplace chimneys, mail boxes, and the myriad of problems encountered as a result of the City allowing the individual house builder to install the required subdivision sidewalks. Commission Members may address other concerns that have been brought to their attention by their constituents. Commission Members and City Staff engaged in a long discussion period at which time a number of matters were addressed extensively. It was the general consensus of opinion that the City of Kennedale is improving its image within the residential sector. That image improvement has been precipitated, in part, by the recent increase in the size, quality and averag e price range of new homes being constructed. While these factors are considered to be very positive step s in the right direction, Commission Members were all in agreement that more can, and should, be done. Commissioner Lankhorst advised that in his real estate business dealings with the public and the potential home buyer, in particular, the majority of home buyers are turned off by an upscale home that possesses a front entry garage which, in so many instances, exposes or presents a display of personal items and materials which equates to a loss of “curb appeal”. As a result, Mr. Lankhorst is in favor of an Amendment that would require either a side or rear entry gara ge for home sites within the “R-1” and “R-2” zoning classifications. Commission Members were of the opinion that the Lankhorst suggestion contained merit. Additional subdivision improvements were discussed in detail. Requirements relating to installation of masonry chimneys and masonry mail boxes were addressed as was the formulating and adoption of an Ordinance that would establish the minimum requirements for the mandatory installation of landscaping, the latter of which so many municipalities are adopting. Mort Wetterling than briefed the Commission on the myriad of problem areas encountered relative to the installation of required sidewalks in subdivisions. These sidewalks are currently being installed by the homebuilder vice the subdivision developer. A collection of photos depicting the various problem areas had been made a part of the P & Z’s packet and those photos proved to be self-explanatory. Mort Wetterling further stated that the majority of problems could be resolved if the developer were to be held responsible for said installation at the time that the rest of the infrastructure was installed (streets, curbs, gutters, storm sewers, lighting, etc.) The original policy established sidewalk installation as a developer responsibility however, a City Manager memo, date d 16 December 1999 rescinde d that requirement and shifted sidewalk installation responsibility to the individual homebuilder. Lastly, Mort Wetterling requested that consideration be given relative to adding a clarification statement to Section 1-04, C.2., of the City of Kennedale’s Pu blic Works Design Manual. That additional sentence would read as follows….”The only acceptable sidewalk finish is smooth concrete. The use of aggregate, stone, rock, slate or other simila r surface is prohibited.” David Hunn Submitted a motion to approve the adding of that sidewalk sentence, as stated a bove. Bryan Lankhorst seconded the motion and all Commission Members voted in favor. Pg.751 At the conclusion of the Agenda Item #3 discussion, all Commission Members expressed a desire for City Staff to coordinate and schedule a City Council/P lanning and Zoning Commission joint workshop during which time all of the subject matter herein addressed could be reviewed by both entities and a positive plan formulated whereby the Kennedale Im age, as perceived by the general public, could be significantly enhanced. DISCUSSION Commission Members requested of Staff that in the future, they be advised of all Minor Plat applications that are eventually approved by the City Manager/City Secretary. Staff stated that that request would be honored. ADJOURN With no further business to discuss, David Hunn made a motion to adjourn. Hollis Mathews seconded the motion and all Commission Members voted in favor. Chairman Johnson than adjourned the 20 June 2002 meeting of the Kennedale Planning and Zoning Commission at 9:27 P.M. ATTEST APPROVED _________________________________ ___________________________________ Secretary, Planning & Zoning Commission Chairman, Planning & Zoning Commission