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2014_03.20 PZ MinutesKENNEDALE PLANNING & ZONING COMMISSION MINUTES COMMISSIONERS - REGULAR MEETING March 20, 2014 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE I. CALL TO ORDER Chairman Harvey called the work session to order at 6:06 P.M. II. ROLL CALL Ms. Roberts called roll. Members present: Ernest Harvey (chair), Tom Pirtle (vice- chair), Stephen Brim, Katie McFadden, Carolyn Williamson (alternate) Members absent: Don Rawe, Mike Walker A quorum was present. Ms. Williamson was asked to serve as a regular member for the meeting. Staff present: Rachel Roberts (planning director) III. WORK SESSION A. Discuss any item on the Regular Session agenda Ms. McFadden asked whether the super majority provision would apply to Case PZ 13 -09, and Ms. Roberts said that it would not. Ms. McFadden asked if it could be explained to the public that a simple majority was all that was needed, and Mr. Harvey said he would do so. Mr. Harvey said he wasn't sure he could vote on the plats with so many conditions that needed to be applied to them. Ms. Roberts said part of the problem is the process of how plats are approved and that she was going to be looking at how other cities handle plats to see if there was a way to get more time to review plats before they go to the Commission. The Commission briefly discussed Case 14 -03. Ms. Roberts said staff were comfortable with giving up 25 feet and with payment of the fair market value assessed by staff. B. Discuss creation or modification of zoning districts to implement the comprehensive land use plan Ms. Roberts said she had forgotten to include the staff report for this item in the packets and gave a copy of the report to the commissioners. Mr. Harvey said he liked where the code was heading. He asked Mr. Pirtle about the typical footprint for a CVS store, and Mr. Pirtle said it was generally what was available, but often was 12,000- 15,000 square feet. Mr. Harvey said he thought 7,500- 10,000 square feet is a better size for a neighborhood village. Commission members said having a minimum percentage commercial and residential is good, but the percentage of commercial may be too high. The Commission preferred a minimum of 60% residential, maximum of 40% commercial. Ms. McFadden asked for clarification on what was considered live /work, and Ms. Roberts and Mr. Harvey said it was based on the primary use of the structure. For a home occupation, the primary use of the structure is residential, whereas in live /work, the primary use of the structure is a business. The commissioners discussed the proposed front setbacks and whether a 10 -foot setback might be better, or if a 0 foot setback would work if the right -of -way and sidewalks were wide enough. Mr. Pirtle asked if there would be enough room for doors swinging open, and Ms. Roberts said she would rephrase that portion of the standards so that the requirement for a clear space is clearer. Ms. McFadden asked if there would be lighting standards added per use. Ms. Roberts said they could add a requirement if there was a concern about a particular use. Ms. McFadden indicated there should be a requirement about outdoor lighting for athletic facilities or tennis courts. Mr. Harvey asked if some of these concerns could be addressed in more general terms instead of per use, and Ms. Roberts said they could. She said they could also add a spacing requirement for commercial uses next to existing residential uses. Ms. Roberts said she would bring a draft ordinance to the Commission's next work session. The work session closed at 7:00 P.M. IV. REGULAR SESSION V. CALL TO ORDER Chairman Harvey called the regular session to order at 7:00 P.M. VI. ROLL CALL Ms. Roberts called roll. Members present: Ernest Harvey (chair), Tom Pirtle (vice- chair), Stephen Brim, Katie McFadden, Carolyn Williamson (alternate) Members absent: Don Rawe, Mike Walker A quorum was present. Ms. Williamson was asked to serve as a regular member for the meeting. Staff present: Rachel Roberts (planning director); James Cowey (director of development services); Sandra Johnson (permits clerk). Mr. Cowey and Ms. Johnson left before the close of the regular session. VII. MINUTES APPROVAL A. Review and consider for approval minutes from the February 20, 2014 Planning & Zoning Commission Regular Meeting Mr. Brim motioned to approve the minutes with a correction to the word "drafting" in the first paragraph under agenda item B. The motion was seconded by Ms. Williamson and passed with all in favor except Mr. Harvey, who abstained from voting. VIII. VISITOR /CITIZENS FORUM Council member Frank Fernandez addressed the Commission about the veteran's memorial in TownCenter Plaza. He encouraged Commission members and the public to purchase plaques for the memorial. IX. REGULAR ITEMS A. CASE # PZ 13 -09 to receive comments and consider action on a request by Adlai Pennington for a replat of Hilltop Addn Blk 1 Lots 1 -15, approximately 6.3 acres located at 260 Hilltop (access on 3rd St), legal description of Hilltop Addition Block 1 Lots 1 -15, Kennedale, Tarrant County, to create Hilltop Addn Blk 1 Lots 1 -29. A variance to section 17- 303(8) Cul- de -sac length of the Kennedale city code is requested for this replat. 1. Staff Presentation Ms. Roberts gave an overview of the case. She recommended approval on the condition that changes be made to the plat and engineering drawings as described in the staff report. Mr. Harvey said he was not comfortable with the amount of time for the changes to be made. Ms. Roberts said staff was comfortable with the recommendation, but the Commission members have to be comfortable with their decision. Mr. Brim said drainage had been a big concern when the Commission had talked about this development before. Ms. Roberts said it still is, and staff is waiting to see the revised drainage plans. She said they are expecting to see the revisions any day now. 2. Applicant Presentation Adlai Pennington, 1375 Gilman Road, addressed the Commission. He said he had the notes from the city, and that he had agreed in an email to the city that he would stipulate that all of those changes will be done. Some of those changes are just to add some notes on a drawing. The preliminary drainage and the hydrology document had been submitted to the city, and the comments that came back from the engineer said to take another look at it. The details all were there in the full set of drawings submitted. Mr. Pennington said he was prepared to ask for a continuance, but pointed out that that he had submitted a full set of engineering plans. He added that the traffic consultant has already done the study and issued a preliminary report. Mr. Harvey asked about the comments dealing with storm water and drainage, and said that history has served him well that if you don't call those things out, implementation goes forward, and developers say "this is what the city approved," so that's why he gets concerned in these sort of things. Ms. Roberts clarified that the city did get a full set of engineering plans from Mr. Pennington, and when she had said staff were still waiting on drainage, she meant that they were waiting on revised drainage plans. Mr. Pennington said his understanding of the comments from the city's engineers were that the city's engineers were waiting on his engineer to verify the drainage calculations, which his engineer has done. Mr. Harvey said that goes along with his idea that they need more time and that he didn't have confidence that the changes could be made within the next two weeks. 3. Public Hearing Lana Sather, 421 Corry A Edwards Dr., addressed the Commission against the replat. She said city commissioners should represent the city, and none of the Commissioners live on her side of the city and they're not there in the morning to see the traffic. She said the roads are in poor shape in this side of town, and she can't see that they can support that many more households in the area without great hardship. 4. Applicant Response Mr. Pennington said he thought it would be in the best interest of the project and the Commission to ask for a continuance until the next' meeting so that the drainage and other issues are signed off on by the city. Mr. Harvey said they would accept the continuance request and thanked Mr. Pennington. 5. Staff Response and Summary No staff response was needed. 6. Action by the Planning & Zoning Commission No vote was taken by the Commission on this item, due to the request that the case be continued until the next meeting. Ms. Roberts said the next meeting would be on April 17 B. Case # PZ 14 -01 to receive comments and consider action on a request by Bill Bowerman for a zoning change from "R -3" Single family residential district to "AG" Agricultural district for approximately 3.72 acres at 1437 Swiney Hiett Rd, legal description of C. C. Swiney Subdivision, being a portion of Lots 8, being all of a tract of land described in deed to Charles Blish, recorded in Vol. 8794 p. 2303, D.R.T.C, Kennedale, Tarrant County. Ms. Roberts said the applicant had asked for a continuance on the rezoning request and that the case would be heard on April 17 Mr. Harvey asked if new notices would be sent out, and Ms. Roberts said they would. C. CASE # PZ 14 -02 to consider action on a request by Terry Jobe for a Final Plat for approximately 20.5 acres out of an approximately 45 acre parcel located at 925 Mansfield Cardinal Rd, legal description of J M Lilly Survey A 980 Tr 2 and A 985 Tr 3, Kennedale, Tarrant County, to create The Vineyard Phase I Blk 1 Lots 1 -12, Blk 2 Lots 1 -6, Blk 3 Lots 18 -21, Blk 4 Lots 1 -23, Blk 5 Lots 1, 7 -12, Blk 6 Lots 1 -7, Blk 7 Lots 1, 12. Ms. Roberts presented the case. She said staff recommended approval on the condition that changes be made before goes to Council, and that the case would otherwise be denied if the changes were not made and approved by staff in time. She said the city had received the revised engineering documents the day before but hadn't had time yet to review them. The applicant, Terry Jobe of Alluvium Development, 3526 Routh St, Dallas, Texas gave a brief presentation. Mr. Harvey asked about the load balancing and capture between the ponds. Mr. Jobe said he'd brought his engineer, Dayton Macatee, 3519 Miles St, Dallas to address those questions. Mr. Macatee said his firm had done an in -depth drainage study for the entire drainage basin that includes all the property up to the north end of the Vineyard property. He distributed summaries of the study to the Commission. Mr. Macatee said their final design matches up with the hydrologic study. Mr. Harvey asked if they would be able to minimize the erosion on the property owned by Roy Boenig to the north, and Mr. Macatee said yes, their discharges are below erosive velocities. Mr. Harvey then asked about phasing of the development. Mr. Macatee said they will be building the streets and utilities in phases, but all the grading and all the detention structures, as well as Phase I drainage, will be built as part of Phase I. Mr. Harvey asked about the water on the east side of the Vineyard, and Mr. Macatee said that two of the neighbors want the water to go to them. Mr. Brim asked if there would be low -flow channels in all the ponds. Mr. Macatee said no, they're going to be wet ponds. Ms. Roberts showed revised copies of the engineering plans to the Commission members. The Commission and Mr. Macatee discussed the revised plans. Ms. Roberts said staff recommended approval on the condition that the city approve the revised plans before the plat goes to Council, and otherwise to deny the plat if staff doesn't approve the revised plans. The Commission briefly reviewed the revised plans. Mr. Harvey asked Mr. Macatee if the home owners' association would be tasked with maintaining the ponds, and Mr. Macatee said yes, it's not for the city to maintain. Mr. Pirtle made a motion to approve the plat based on the condition that city staff and the engineering consultants have completed all their checks and approvals on the revised plans before the plat is presented to City Council. Ms. McFadden seconded the motion. The motion passed with all in favor except Mr. Harvey, who abstained. D. Case PZ 14 -03 to receive comments and consider action on a request by Sidney DaSilva, DBA Equity One Group, for the City of Kennedale to vacate 0.1192 acres of public right -of way located adjacent to property at 1453 J R Hawkins Rd, L C Rayburn's Subdivision Remainder Lot 6, Kennedale, Tarrant County, as shown in a deed of record in Vol. 10782 p. 1561, Tarrant County. 1. Staff presentation Ms. Roberts gave the staff presentation. She said the City of Arlington owns the right -of -way, but it's in City of Kennedale city limits. She said the City of Arlington does not object to the requested abandonment, but the designs for Arlington's future improvements to Joplin haven't been done yet, and Kennedale staff are reluctant to abandon all of the requested right -of -way before it can be determined the right -of -way will not be needed. She recommended abandoning a portion of the requested right -of -way, with fair market value to be paid in the amount of 64 cents a square foot. 2. Applicant presentation Sidney DaSilva, 6500 Greenspring Drive, Arlington, addressed the Commission. He said the right -of -way was dedicated as part of a 1939 road project that was never completed. He and his surveyor have met with the City of Arlington engineers, and the old project calls for a 50 foot wide road, and Arlington is calling for a 70 feet wide road; his surveyor has already included that width in the exhibit. He said he bought .55 of an acre and has been paying taxes on it. He does not intend to pay for it again. As far as he understands, the public should have some recompense, and you can see from the 1939 document that it was paid $1.00, so that's what he is willing to pay. Mr. Harvey asked for clarification on whether Mr. DaSilva would want the full amount of right -of -way or the portion of the right -of -way. Mr. DaSilva said he didn't think he would be able to determine that tonight, that first it should be determined what Arlington requires. 3. Public hearing No one registered to speak. 4. Applicant response Mr. Harvey asked Mr. DaSilva if he wanted to add anything to his previous statements. Mr. DaSilva said he would ask the Commission to consider letting him repurchase the right -of -way at $1, since he's already paid taxes on it. 5. Staff response and summary Ms. Roberts said she still thought that Mr. DaSilva should pay the fair market value of 64 cents per square foot. 6. Action by the Planning & Zoning Commission Mr. Pirtle said there were several issues with the case —the cost to be paid for the abandoned right -of- way and the City of Arlington's plans for the roadway. Mr. Harvey said he would like to hear from the city attorney about what would happen if Arlington wanted the right -of -way back later. He said staff should also get clarification from Arlington on what they believe they need, and that city staff and the city manager need to see the road plans and feel comfortable on whether Arlington really doesn't need the right -of -way, and to make sure the city is correct on what it is willing to abandon. He said he would also like to have a letter or an official email saying the Arlington is comfortable with Kennedale abandoning the right -of -way. The Commission also wanted staff to verify the calculation for the fair market value. Mr. Harvey explained the Commission's options to the applicant, that the can approve, approve with conditions, deny, or table the case. Mr. Pirtle motion to postpone the case in order to allow staff to gather more information as discussed earlier. Ms. McFadden seconded the motion. Mr. Harvey asked Ms. Roberts to repeat the list of items to be addressed, and Ms. Roberts read through the list. The motion passed with all in favor except Mr. Harvey, who abstained. X. REPORTS /ANNOUNCEMENTS Mr. Harvey thanked everyone for participating in the meeting. Ms. Roberts said Art in the Park would be held April 4 -6, and the next bird identification workshop would be on April 12 McFadden said that Adrienne Kay has been sending out emails about volunteering for Art in the Park, so be sure to respond. She also said that a fundraiser for Bark in the Park would be held in the community center from 9 AM to 4 PM tomorrow. Mr. Brim said the proposed adopt -a -spot program is under review by the Council. XI. ADJOURNMENT Ms. Williamson motioned to adjourn, seconded by Mr. Brim. The motion passed with all Commissioners in favor except for Mr. Harvey, who abstained.