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12.15.1986 PZ Minutes
Public Hearing Planning & Zoning Commission December 15, 1986 Bill Cromer called the meeting to order at 7:14 p.m. Members present were and Joe Moniz. John Members of the staff Vicki Thompson. Page 221 Glynn Cavasos, Pat Turner, Bill Cromer, Mike McCarty Gregory was absent. present -. were Ted Rowe, Danny Thomas and I. Bill Cromer opened by explaining the purpose of the hearing was the proposed change of zoning on Little School Road to "Restricted Commercial Zoning." Before hearing comments on the proposal, Mr. Cromer asked for any comments from the staff. The staff had none at that time. Mr. Cromer, then asked Gary Cooper for his presentation. Mr. Cooper, asked the city to explain their proposal first and that he would take up after that. Ted Rowe gave his proposal. Indicating on a map showing the North City limits and the West side of Little School Road area out- lined was the area that P & Z indicated to be included in consideration tonight. Originally the line was drawn 500' of Little School Road on either side from the Northern to Southern boundry indicating a misunder- standing that should have been outlined in the letter. The intent was never to include all the property within that 500'. The staff and P & Z Commission knew that new hones recently built in Shady Creek should not be rezoned into Commercial property. All land (pointing to a map) within the City of Kennedale, is contained in a special zoning district called an Overlay Zoning, which is a tool to put in temporary zoning classifi- cation pending a revision of the City's Master Plan. When planning is complete, it will not be called an Overlay district, but some type of Commercial district like the present "F" Classification. The ration- ality of using that kind of restriction, first of all, is to protect present land owners from undesirable development occuring next to him and cause a decrease in value of property; second, is to assure developers who want to cone into Kennedale that if they choose to invest alot of money in their development they will be protected so that undesirable development does not occur adjacent to them and cause them to loose money. This has been proven in other cities, to get a quality type of development in their area (pointing to map). This part of Little School Road, we are not sure what it should be. Some new land /home owners want their land rezoned Commercial. That would effect new land /hone owners. If we are going to do that, it ought not be done on small parcels, that is called spot zoning and under state law that is prohibited. If any rezoning is to be done it has to be large enough to justify the change. To avoid the stigma of spot zoning, consideration should be given to all adjoining property owners. The ultimate decision is made by the Council on what is in the best interest of the citizens of Kennedale for future growth, tax base, quality of life, for welfare of the entire community. Page 222 Page 2 Continued Questions from the floor are as follows: (Pointing to map) zoning in this area is apartments. Everything below and around it is "A" Single Family, some duplex's, four- plex's and some commercial. What is the minimum property considered spot zoning by state law? The law does not give a minimum size - a size significant from being spot zoning depending on area. 1. Current land use surrounding it is of different zoning is a con- sideration. 2. If use of spot zoning is not compatible with surrounding area. Don Driver gets concerned on parcels less than five acres. Above five acres Don Driver feels confident. Other consider- ations may override. Can you explain how the committee and staff understand provisions in the Overlay District that says one that supercedes? e.g. "A" and then comes back and prohibits the existing residential use. That is the overlay concept. It is intended to be like a bandage to prevent undesireable development until a Master Plan is completed. Comment from the floor - saying that if you have a residence in the area on which an Overlay Zoning of Commercial is applied, you could not sell your property as residential property, and a developer is not guaranteed that the zoning would stand up. So it harelips you either way. It is not zoned commercial and it represents an intent from the city to use that application of zoning. The zoning still has no guarantees that the area will be commercial; only the city's intent. Ted - Most of your applications for use in specific commercial districts are facing the same kind of decision that has to be made when the developer decides what he wants to put in there. It still requires P & Z and Council approval. In this case with an Overlay Zoning, there are more restrictions than ordinarily needed. Some require specific approval depending on the intended use of the developer. How long will it take to develop a Master Plan? It depends on how well and quickly the committee can work, citizens input, actual writing will take very little time. Gathering information could take sometime. What is the hurry in taking property already zoned resi- dential and changing it to restricted zoning with "SD" Overlay? For 12 years, the staff started receiving requests for spot zoning in the area in the cross hatch (pointing to map) these parcels are not considered large enough. P & Z and Council thought that the Master Plan would be able to address that. The funding changed and they decided to go with a citizens committee and that takes time. The committee will be meeting this Thursday night for the first time. The consideration for overlay zoning did not come up until after our approach on the Master Plan changed. The Mayor's Master Plan Committee are Stanley Jernigen, Wayne Winters, Bill Abbott, Sue Hair, George Roberts and Pat Turner. They were appointed at the end of August. The delay in getting started was due to: Page 3 Continued 1. Unable to get useable maps 2. Time of year 3. Limited staff to prepare materials Page 223 Gary Coopers response - Area in consideration includes 100 acres, over 4 million square feet of commercial zoning. Using a 4 to 1 ratio you can build over 1 million square feet of retail and office space approximately the size of downtown Ft. Worth. This area is unable to support this much square feet of commercial use. Only one thing can create a demand for commercial property which is traffic flow. The area around Stop -N -Go has 8,000 cars per day and the present area under consideration generates only 3,000 to 4,000 cars per day. By number alone you have way too much space. The best plan at this time is not to pass an Overlay Zoning. The second best plan is to look at the traffic flow of Kennedale. The main traffic thoughfares are north and south on Little School Road and east and west on Sublett Road. Our recommendation is that if there is any commercial zoning is undertaken it should be in the area of the traffic flow. If you have an abundance of commercial zoning you are going to have users that do not fit, people officing out of housing and it will be a deterant. If you read the "SD" Overlay Ordinance, it restricts the underlying zoning. If you have an "A" zoned property with a "SD" Overlay that restricts residential uses, what do you use it for? You cannot sell for residential, it is restricted, you cannot sell it for commercial because it really isn't commercial. Property with "A" zoning and a "SD" Overlay equals zero. The area North of the S curve has "SD" Overlay. To make property worth something you have to have a population that creates traffic flow, which creates demand. Looking at economics, this much commercial zoning creates duplicate business. Before you rezone anything to commercial, take a look at what has been utilized that is already zoned commercial. Wait on the Master Plan and leave the residential as is, because the property is worth zero with the "SD" Overlay. Bill Cromer indicated that this is the first time he had heard that the Overlay cannot be used, other cities are using the Overlay, but in a commercial zoning, not a residential. Council will give final approval. Ted Rowe said he wished Don Driver were present to answer the questions of what can be done with the "A" zoning and "SD" Overlay. Then he continues with the first provisions of the ordinance that states: Buildings or premises shall be used only for the following purposes, any nonresidential use identifying "A ", any use identified below, meaning if it is prohibited, it cannot be done no matter what the zoning in those districts say. Page 224 Page 4 Continued As explained by Ted, as he sees it, any commercial use authorized in these districts can be authorized in the "SD" Overlay if it isn't prohibited. Gary Cooper says that is not right because you would not need an Overlay if that were the case. Ted Rowe said that this is the first time this has come up in any hearing and he did not think it was not directly apparent and if he had asked Don Driver last week, Driver would say the same thing as Ted. Bill Cromer said the Overlay restricts Commercial with the intent that all considered areas would become commercial, all 100 acres. John Clark, an attorneyinFort Worth and a resident in Kennedale, sees a problem with a potential buyer, it creates a conflict because the intent isn't clear. As an attorney, he feels it is breeding problems and that the city is setting itself up for law suits. Tom Boone, representing the second committee, introduces Mr. Jimmy Stevens with Charles Owens Company Developers out of Fort Worth. Mr. Stevens stated that Kennedale sits in the path of growth in the metroplex with significant growth at its doorstep. He sees no particulariproblems with the "SD" Overlay with Little School Road being a four lane boulevard in the future. Economic outlook, you would have to have approximately 10,000 cars before it would be profitable to develop. Retail is based on people. Little School Road being a dead end is a deterant. There seems to be a mis- understanding as to what the concern is. As pointed out before, you have to have rooftops to support any commercial venture. You will need approximately 7,000 additional rooftops to support the considered area, approximately three miles radius. It all depends on the plan to make Little School Road a four lane highway which is undetermined at this time. Mayor Radackovich spoke of Kennedale inheriting Arlington's problems and with the proposed Overlay, Kennedale can help control the problem. Little School Road did indeed have a plan to extend all the way to Business 287. Trying to prevent the problem of Arlington in 5 to 10 years saying, what are we going to do with this Mickey Mouse road with thousands of people. The city will inherit the problems and traffic of the land owned by Arlington. Tom Boone pointed out that people living in Arlington would travel South on Little School Road taking their children to school and could make use of a commercial district. Gary Cooper responded by showing that most likely they will pass the Coles Addition and Bowman Springs Road taking the shortest route to Kennedale schools. Gary Cooper asked Mr. Stevens on his opinion Page 225 Page 5 Continued of how long it would take to utilize 4 million square feet of office and retail space? Mr. Stevens said it would be a long term effect. Mr. Stevens summed it up by saying potential is there, but it will take time and Kennedale will swallowed up by the south metroplex regardless. More important is the tone and it needs much considera- tion. Planning is the key for positive growth, it could take up to 10 years. Tom Boone sums it up by saying they are for growth and are willing to cooperate and plan for the city's future. The persons that spoke against the rezoning cue as follows: Gary Cooper Dennis Gregory Dailey Taylor Danny Thomas Robert Mundy Mark Newman Don Samanie Dana Odom Bill Hester Dorothy Garrett John Mallory Benton Fly Ned Leonard J. W. Awbrek Wayne Bryant George Koch Doris Hayes Ron Kovach John Clark The persons that spoke in favor of the rezoning are as follows: George Harrison Clifton Hallmark Tom Boone John Mallory presented the Planning and Zoning Commission with a petition signed by 91 people against the rezoning. II. Designation of the new zoning classification of "E -1" and assign the new "E -1" Commercial Zoning to Tracts 3B1, 3B2, 3B3, 3C, 3H, 3H1 and 5S, J. B. Renfro Survey, Abstract 1260. Buddy Greenhall, representing Vivian Williams, owner of the Funkhouser Estate had no objections. Rocky Curry opposed and asked if a creamatory would be included. Norman Lassetter, President of Emerald Hills there were no plans for a creamatory at this Motion to adjourn was made by Glynn Cavasos, Mation carried without opposition. Public Hearing adjourned at 9 :40 p.m. Cemetery, stated that time. seconded by Mike McCarty. Page 226 Continued Page 6 Bill Cromer Chairman Attest: Approved Vicki Thompson PETITION OF THE UNDERSIGNED TO THE KENNEDALE PLANNING AND ZONING BOARD 1. WE FAVOR THE PLANNING AND ZONING BOARD'S OBJECTIVES TO DEVELOP KENNEDALE INTO A UNIQUE, WELL BALANCED AND WELL PLANNED COMMUNITY. 2. WE OPPOSE THE PRESENT STRIP ZONING PROPOSAL FOR LITTLE ROAD. The proposal at hand would lower the quality of life within existing neighborhoods, would lower the likelihood of further sound neighborhood development, and would lower property values. It would increase the liklihood of haphazard, unregulated businesses out of existing homes on commercially zoned land. WE FAVOR RETAIL DEVELOPMENT IN CONCENTRATED AREAS WITH STRICT ADHERENCE TO A WELL STATED STRUCTURAL AND GROUNDS DESIGN. A CENTRAL RETAIL DEVELOPMENT WITH CITY FACILITIES WOULD BE A FOCAL POINT FOR THE KENNEDALE COMMUNITY, UNIQUE FROM ARLINGTON AND FORT WORTH. 3. WE OPPOSE' THE USE OF SD- OVERLAY ZONING. Its intent is vague -it appears to be a mere stepping stone to complete commercialization rather than protection from undesirable development. Its controlling effect is limited to what is specifically stated in the zone description. WE FAVOR THE DEVELOPMENT OF A NEW COMMERCIAL ZONE CLASSIFICATION, SUCH AS "LIGHT BUSINESS ", WHICH DESIGNATES THE TYPE OF BUSINESS ALLOWED RATHER THAN PROHIBITED, AND IS USED TO DEFINE CLEARLY AGREEABLE RETAIL AREAS. 4. WE OPPOSE ZONING CHANGES IN GENERAL UNTIL A COMPREHENSIVE, LONG RANGE PLAN FOR KENNEDALE IS DEVELOPED. There are other present and potential commercial areas in Kennedale to be developed. WE FAVOR THE ENFORCEMENT OF PRESENT ZONING LAWS AND THE IMPROVEMENT OF PRESENTLY COMMERCIALLY ZONED ENVIRONMENTS. LET'S IMPROVE THE OVERALL TAX BASE BY BUILDING FIRST ON WHAT WE ALREADY HAVE. PETITION OF THE UNDERSIGNED TO THE KENNEDALE PLANNING AND ZONING BOARD DIRECTLY WITHIN CONCERNED AFFEPTED 200 FEET CITIZEN 19 . ,/,6A z26-Q ? 1) Si•tc%c /C-- 1 2- ,� NAME PETITION OF THE UNDERSIGNED TO THE KENNEDALE PLANNING AND ZONING BOARD ADDRESS DIRECTLY WITHIN CONCERNED AFFECTED 200 FEET CITIZEN 7o //toC/A ic0 18. A 19 20 t /1 - r / / 21. AA& /adz WC1/1,2,(27 24. 25 2.. 19 PETITION OF THE UNDERSIGNED TO THE KENNEDALE PLANNING AND ZONING BOARD DIRECTLY WITHIN CONCERNED AFFECTED 200 FEET CITIZEN NAME ADDRESS 1 ,1, / 'Es 41Hf9/b64 % lL 2 . &' ✓ 0,aK,e /b 6 -6/ 1,61-- 3 -;2c �, ,, %Ol 0d er e_4 „7/ S74 (ea iel& -)44 61-- J-14 (', - C/`_ 8 /Ue„A„ 7j) /03 Q JJak€, C71, 9 10. 11. /0 3 mtx120 -we.46 �'s'C�' ✓l /,&lam //C gives Q .,- /© 2- ell 44E:0 mil. 12. 15. 16 17., 18. 19. , 20. 21. 22 23. 24. 25. w a;/ (I ,9'r NAME ADDRESS DIRECTLY WITHIN CONCERNED AFFECTED 200 FEET CITIZEN wan 10 11. 1 7/9 60.1aA.4 7;1', / / ®114 RA - T. . / .1 Do Da,4e- C•Alril" .Art5 6)-64- i4//o? 0/0/14 ?�P, /didrlj�,,, Vl/ � / .:� % / • / r 13 14 M.; 40) Ga 1 /4a, V 15, 16. 17 18 19 20. 21. 22. ti 24. 25. , 803 5611 .C'mek 63 NAME ADDRESS DIRECTLY WITHIN CONCERNED AFFECTED 200 FEET CITIZEN D. 6 7" r 7. 8 9 10. 11 12. 13. 14 15. 16 17 18. 19. 20. 21. 22 23. 24. 25. 1#- CITY OF KENNEDALE PLANNING AND ZONING COMMISSION PERSONS ATTENDING PUBLIC HEARINGS PUBLIC HEARING DATE; /4/5M /5M fr L ■ HEARING SUB,! ACT; SD Ov erl6 1 Zon-1 NAME REPRESENTING STREET ADDRESS DO YOU WISH TO APPEAR BEFORE THE BOARD? 4. i 1, G ti%TR/ i�/�: -- _��i'� / rA � �. € j �- . . N2 , _� ,e,4.,,L,_,,,,ge,,_ i /7 /)& l , /�'7 , , li 1 i 1 . . CITY OF KENNEDALE PLANNING'AND ZONING COMMISSION PERSONS ATTENDING PUBLIC HEARINGS PUBLIC HEARING DATE; /45-,-An HARING SUBJECT ;'s �" ho et- lakt-Z-or. ir\ct ..��t i-e_ NAME r Cod REPRESENTING STREET ADDRESS DO YOU WISH TO APPEAR BEFORE THE BOARD? CITY OF KENNEDALE PLANNING AND ZONING COMMISSION PERSONS ATTENDING PUBLIC HEARINGS PUBLIC HEARING DATE; /11/9 HEARING SUBJECT CS 6` )v rk rr L'Attatxa NAME 1,ok t/( z)a,/e7'i 4)7- /7774gic REPRESENTING STREET ADDRESS /114110,1 An 1...eonaY(5) FL y 100 DO YOU WISH TO APPEAR BEFORE THE BOARD? Yg 5 qe-s 1 M AA/ CPE-E_k 1 CITY OF KENNEDALE PLANNING AND ZONING COMMISSION PERSONS ATTENDING PUBLIC HEARINGS PUBLIC HEARING DATE: 44 15 J 1 HEARING SUBi MT t "50ji v 6,1 Zor•,v- L \-{-te �b NAME I i 8o 0 eoq 17 REPRESENTING STREET ADDRESS DO YOU WISH TO APPEAR BEFORE THE BOARD? Page 227 Regular Meeting Planning and Zoning Commission December 15, 1986 Bill Cromer called the meeting to order at 9 :43 p.m. Members present were Glynn Cavasos, Pat Turner, Bill Cromer, Mike McCarty and Joe Moniz. John Gregory was absent. Staff in attendance were Ted Rowe, Danny Thomas and Vicki Thompson. The minutes of November 20, 1986 were approved as submitted. I. Consideration of Rezoning Classification "E -1" Commercial on Tracts 3B1, 3B1A, 3B2, 3B3, 3C, 3H, 3H1, and 5S, J. B. Renfro Survey Abstract 1260. Joe Moniz was in favor of more planning. Bill Cromer asked for an overall plan of the cemetery, including the road to be put in. Mr. Lassetter stated that he could not provide the entire future plans, but could supply the plans for the funeral home. Motion was made by Pat Turner, to apply the "E -1" Commercial zoning to Tracts 3B1, 3B1A, 3B2, 3B3, 3C, 3H1, and 5S, excluding Tract 3H, J. B. Renfro Survey Abstract 1260, seconded by Joe Moniz. Motion carried. II. Consideration of the "SD" Overlay Zoning South of the S curve on Little School Road. Glynn Cavasos stated that Council needs to do more study before a decision is to be made. He would rather it take longer to make a right decision as opposed to making a wrong decision. Pat Turner would like a plan for the future. He had reservations on the overlay for Hilldale Addition. He is not ready to make a decision that "SD" Overlay is the right plan for now because of the effects on Hilldale Addition and the possibility of litigation. Mike McCarty was inclined to proceed on with the Master Plan before adopting an Overlay. Motion was made by Pat Turner to table the "SD" Overlay zoning until the Master Plan Committee has a chance to do a study, seconded by Mike McCarty. Motion carried without opposition. III. Consideration of building permit at 105 B West Mansfield Highway. Troy Aired, not in attendance, requested a permit to install new gas tanks and pumps at the Kennedale Gulf Station. Pat Turner made a recommenda- tion to Council to ammend Chapter 3, so that the Building Inspector would be allowed to issue commercial building permits. Motion to issue the building permit was made by Glynn Cavasos, seconded by Joe Moniz. Motion carried, none opposed. IV. Consideration of replat to Oak Creek Addition and street closings. Signe Brimer was not in attendance, so the Commission did not act on the item. Page 228 Page 2 Continued V. Consideration of a Preliminary Plat of Crestdale V Addition, requested by Gary Cooper. After considerable discussion, motion was made by Mike McCarty, to conditionally approve the preliminary plat, conditions being that a variance must be approved for lots less than 70' wide, a fire hydrant be installed at the east end of Arthur Drive, a fence be built along the property adjoining the school and that a preliminary plat be filed for the remainder of property within 90 days from today, seconded by Joe Moniz. Motion carried. VI. Consideration of a building permit at 1105 Little School Road, requested by Don Hansen. Ed Webster, attorney, wished to obtain a permit for R. V. and boat storage as provided in Ordinance 13 -24 (6) which states: Garages, public, for repairs or storage facilities for autanobiles when such facilities are maintained within a building, provided no painting or body or fender repairs shall be conducted on any premises that adjoin at the side or rear of an "A ", "B ", or "C" District. The definition of an automobile is a self propelled vehicle. Mr. Webster stated that boats are self propellers vehicles. After discussion the Commission recessed at 11:52 p.m. to reconviene December 18, at 7:00 p.m. in the Mayor's office at the City Hall. The meeting reconviened at 7:07 p.m. December 18th, with all members present. Pat Turner stated that boats are self propelled and the intent of the ordinance was for autanobiles meaning cars and trucks. Ted Rowe said a boat is a vessell not a vehicle. Don Driver told the Commission it was their decision on what they wanted to do. He said it stretches the word vehicle to the breaking point to say it includes boats. He did not believe that when a person says the word vehicle that they normally include boats, just like they do not normally include airplanes, which is a self propelled vehicle using their definition. When you say vehicle, you are not talking about an airplane and you are not talking about a boat. Normally, you are talking about a car or a pickup truck or some- thing like that and that is his interpretation. He said do not be persuaded by somebody saying they are going to fight you, we get threats like that every single day. Don Driver told the Commission that they have to follow the Ordinance and their conscience. Page 229 Page 3 Continued Motion was made by Pat Turner, seconded by Joe Moniz, to deny the request for failure to comply with the ordinance, that boats do not comply. Four voted for the motion, Mike McCarty opposed. Motion carried. Mike McCarty said that what ever goes in there needs to be of a high quality exterior material rather than a metal building. We require a percentage of masonary on metal buildings along Mansfield Highway and we are looking at least the same requirement or even a greater requirement along Little School Road. Motion was made by Glynn Cavasos, seconded by John Gregory, to adjourn the meeting. Meeting adjourned at 7:41 p.m. Attest: �li Linda Jones, Secretary Planning and Zoning Bill Cromer Chairman Approved /1,51 S