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06.20.1996 PZ Minutesp. 545 MINUTES OF PLANNING AND ZONING PUBLIC HEARING 20 JUNE 1996 COMMUNITY CENTER David Conroy - Chairman of the Board called the meeting to order at 7:04 p.m,. He thanked Charles Gray for presiding as Chairman and expressed his appreciation for his support. Committee Members present: Glynn Cavasos, David Conroy, Bryan Lankhorst, Sandra McCraw, Jerry Miller, Cody Rodden and Ralph Warner. City Staff Present: Ted Rowe - City Administrator Michael Box - Director of Development and Enforcement Wayne Olson - City Attorney Mort Wetterling - Permits /Code Compliance Department Susan Brown - Planning and Zoning Secretary PUBLIC HEARING NO. 1 - To receive citizen's comments regarding a request to re -zone 6.94 acres of land, identified as Tracts 1E, 1E1 and 3B of Abstract 1285 in the CAZANDA ROSE SURVEY, from it's current "C -1" (Restricted Commercial) classification to that of "G-2" (General Commercial). The applicant is Coy Quine, representing Tri-State Commercial Associates, the property owners. Coy Quine presented to Commission Members a transparency presentation and enlarged pictures of his proposed project consisting of mini warehouse units and 9,000 square feet of retail. He briefed the Commission on all the amenities of the project. He also informed them that the retail, which would face the parking lot, has no tenant prospects to date and the project would take two years to complete. John Berry of 1005 Oakridge Court in Kennedale, spoke against the proposed mini warehouse. He stated that he owns property near the site and that the mini warehouse would present a lack of quality retail and be a poor image for the City. He also stated that he had researched and -found that Kennedale had three storage /warehouse facilities all of which had vacancies. John Berry closed by presenting to the Commission, two letters from neighboring property owners, stating their objections to placing a mini warehouse in this particular area. They felt that this proposed business would have a negative impact on the neighborhood as well as on the property values. PUBLIC HEARING NO. 2 - To receive citizen's comments regarding a request to re -zone 1.0 acres of land, identified as Tract 31C of Abstract 1376 in the DAVID STRICKLAND SURVEY, from it's current "R -1" (Single Family Residential) classification to that of "C -2" (General Commercial). The property is owned by the Freeman Family Trust and the applicant is the City of Kennedale. No one appeared to speak for or against this re- zoning, p. 546 Ted Rowe spoke to the Commission explaining the various reasons for this zoning change i.e., compatibility with the Master Use Plan and surrounding businesses zoning classifications. He gave a brief history of the property commenting that inclusion of the 287 Overlay requirements be incorporated for both the Showtime and Budget American locations and that that item be scheduled for a Public Hearing in the near future. PUBLIC HEARING NO. 3 - To receive citizen's comments regarding a request to re -zone approximately .750 acres of land, out of the DAVID STRICKLAND SURVEY, Abstract 1376 identified as Lot 1 of Block 1 in the Dunlap Addition, from it's current classification of "PD" (Planned Development) to that of "C -2" (General Commercial). The property is owned by Duke's Petroleum, Inc. and the applicant is the City of Kennedale. No one appeared to speak for or against this re- zoning. Ted Rowe stated that the proposed change of zoning met with the approval of Duke's Petroleum. PUBLIC HEARING NO. 4 - To receive citizen's comments regarding a proposed Ordinance amending Chapter 11, "Licensing, Taxation and Miscellaneous Business Regulations" of the Kennedale City Code (1991), as amended, providing for the licensing of Sexually Oriented Businesses, providing locational requirements, providing additional regulations appropriate to different types of Sexually Oriented Businesses and providing for appeals. Michael Box provided a hand -out to the Commission showing a review of studies conducted in Beaumont, Houston, Las Vegas, Amarillo, Los Angeles, El Paso, Austin and Indianapolis. (Exh. 2) Ted Rowe presented to the Commission a map depicting proposed SOB locations within the City Limits. (Exh. 1) The information obtained from the studies conducted by the Cities referenced concluded that problems will always be present in areas where sexually oriented businesses are located. Crime rates were found to be higher in areas immediately surrounding sexually oriented businesses and those rates increased significantly when more than one such business was in close proximity. Crimes of a sexual nature, including prostitution, were specific incidences of the higher crime activity. Property near sexually oriented businesses was adversely affected both through deterioration and decreased property values. Surrounding businesses and residential areas were found to suffer deleterious affects from their location near sexually oriented businesses. Major factors in the conclusion of each survey tracked with the need for a goal of legal control of sexually oriented businesses in order to ensure the public health and general welfare including the protection of neighboring properties. Wayne Olson spoke briefly on the need for having a reasonable number of locations for sexually oriented businesses. The "C -2" and "I" zoning classifications were considered to be areas in which these businesses could be located. Mr. Olson stated that we cannot ban sexually oriented businesses therefore, we need to adopt an ordinance that will provide adequate regulation which would make a more defensible case in a Court of Law. The Public Hearing closed at 7 :56 p.m. with a five minute recess. ATTEST: tkA fux) APPROVE: p. 547 MINUTES OF PLANNING AND ZONING COMMISSION REGULAR MEETING 20 JUNE 1996 COMMUNITY CENTER Chairman Conroy called the meeting to order at 8:02 p,m. Commission Members present: Glynn Cavasos, David Conroy, Bryan Lankhorst, Sandra McCraw, Jerry Miller, Cody Rodden and Ralph Warner. City Staff Present: Ted Rowe - City Administrator Michael Box - Director of Development and Enforcement Wayne Olson - City Attorney Mort Wetterling - Permits /Code Compliance Department Susan Brown - Planning and Zoning Secretary ITEM NO. 1 - Approval of the minutes of the 16 May 1996 Regular Meeting of the Planning and Zoning Commission. Jerry Miller made a motion to accept the Regular Meeting minutes as submitted. Ralph Warner seconded the motion and all Commission Members voted in favor. ITEM NO. 2 - Consideration of a request to re -zone 6.94 acres of land, identified as Tract 1E, 1E1 and 3B of Abstract 1285 in the CAZANDA ROSE SURVEY, from it's current "C -1" (Restricted Commercial) classification to that of "C -2" (General Commercial). The applicant is Mr. Coy Quine, representing the property owners, Tri -State Commercial Associates. After several Commissioners voiced concern for probable adverse impact of the requested zoning change, Jerry Miller made a motion to disapprove the request for change of zoning classification, for the 6,94 acres of Tract 1E, 1E1 3B of Abstract 1285 m the CAZANDA ROSE SURVEY from it's current classification of "C -1" to that of "C -2 ", Bryan Lankhorst seconded the motion and all Commission Members voted in favor. ITEM NO. 3 - Consideration of a request to re -zone 1.0 acres of land, identified as Tract 31C of Abstract 1376 in the DAVID STRICKLAND SURVEY, from it's current classification of "R -1" (Single Family Residential) to that of "C -2" (General Commercial). The property is owned by the Freeman Family Trust and the applicant is the City of Kennedale. Sandra McCraw made a motion to approve the request for change of zoning classification, for the 1.0 acres of Tract 31C of Abstract 1376 m the DAVID STRICKLAND SURVEY from it's current classification of "R-1" to that of "C -2 ". Cody Rodden seconded the motion and all Commission Members voted in favor. ITEM NO. 4 - Consideration of a request to re -zone approximately .750 acres of land, out of the DAVID STRICKLAND SURVEY, Abstract 1376 identified as Lot 1 of Block 1 in the Dunlap Addition, from it's current classification of "PD" (Planned Development) to that of "C -2" (General p. 548 Commercial). The property is owned by Duke's Petroleum, Inc. and the applicant is the City of Kennedale. Jerry Miller made a motion to approve the request for change of zoning classification, for approximately ,750 acres of land, out of the DAVID STRICKLAND SURVEY, Abstract 1376 Identified as Lot 1 of Block 1, from it's current classification of "PD" to that of "C -2 ". Bryan Lankhorst seconded the motion and all Commission Members voted in favor. It was suggested and agreed upon that ITEM NO. 5 be moved to the last item of the evening. ITEM NO. 6 - Mr. Mike Conkle, of Conkle's Custom Cabinets, briefly addressed the Commission RE: his upcoming plans to purchase the adjoining two tracts of land that abut to his business, located at 318 West Mansfield Highway. Mr. Collide plans to expand his very successful cabinet shop and also plans to expand his operation into the custom furniture business. Mike Conkel and Tom Purvis, a representative from Central Bank and Trust, discussed with the Commission his plans to expand his business and purchase the adjoining two lot land. Mr. Conkel understands he is currently operating as a nonconforming use in "C -1" (Restricted Commercial) because his business existed before the 1993 revision of the City zoning ordinance. The Commission informed Mr. Conkel, before he could expand his business and buy extra land, he needed to present himself before the Board of Adjustment and request a Special Use Permit. He was further advised that the Board of Adjustment would be the final decision makers regarding this matter. The Commission supported Mr. Conkel expanding his business more than 25 % with the Special Use Permit being obtained from the Board of Adjustment. Ralph Warner made a motion to vote favorably for the expansion. Sandra McCraw seconded the motion and all Members voted in favor. The Planning and Zoning Commission also offered to send a recommendation letter to the Board of Adjustment supporting his efforts. ITEM NO. 7 - Review of the Preliminary Plat for the eighty -one (81) Lot proposed Shady Creek Subdivision. Glynn Cavasos signed an affidavit stating his conflict of interest with Shady Creek subdivision and did not participate in this agenda item. Don Samanie addressed the Commission on behalf of Gary Cooper Custom Homes and Frank Cde Baca, supplying the Commission with copies of the eighty -one (81) Lot Preliminary Plat. A Commission /Applicant discussion took place in which the new ownership was defined stating Mr, Cde Baca owned a total of 34.7 acres and Gary Cooper Custom Homes owned 22.67 acres and that both gentlemen are involved in a "working agreement ". Mr. Samanie assured the Commission that all past due fees had been paid totaling $1,256.67 and that all of the revisions have been corrected on the Preliminary Plat in that it is now ready for the Final Plat. Bryan Lankhorst made a motion to approve the Preliminary Plat for the eighty -one (81) Lot Shady Creek Subdivision. Jerry Miller seconded the motion. Commissioners Lankhorst, Miller, McCraw p. 549 and Rodden voted in favor; Commissioner Warner voted against with Commissioner Cavasos abstaining. Motion carried. ITEM NO. 8 - Discussion relating to a rough Draft of a PD Ordinance which would establish regulations of land in a Single Family Residential District, within the City of Kennedale, consisting of approximately 25.1 acres and which is identified as the Rolling Acre Addition. Mr. Bobby McCaslin and members of the MR Development team were available for discussion on the rough Draft of the PD Ordinance for Rolling Acres Addition. There was discussion on minimum lot depths, side yard setbacks and the deletion of several items that Legal Counsel considered as being not pertinate. Ralph Warner made a motion to approve the basic provisions of the rough Draft stating however, that the document should be reviewed at a Public Hearing after the recommended changes had been incorporated and the Ordinance reviewed by Legal Counsel. Jerry Miller seconded the motion and all Commission Members voted in favor. ITEM NO. 5 - Consideration of a proposed Ordinance amending Chapter 11, Licensing, Taxation and Miscellaneous Business Regulations" of the Kennedale City Code (1991), as amended, providing for the licensing of Sexually Oriented Businesses, providing locational requirements and providing additional regulations appropriate to different types of Sexually Oriented Businesses. After a lengthy discussion on the Sexually Oriented Business Ordinance Ralph Warner moved to accept the fmdings of the review of studies conducted by other cities and to approve the Ordinance, after the required changes were incorporated and reviewed by legal council. Cody Rodden seconded the motion. Motion carried. DISCUSSION: There was a short discussion about the Shady Creek Preliminary Plat. Ralph Warner was concerned that the Plat that had been approved still had some major problems. Wayne Olson stated that the Commission could have disapproved the Preliminary Plat, but since it was approved, Mr. Olson felt that the City was covered because the representatives from Shady Creek had committed themselves on public record. Basically, Mr. Samanie stated if the City was not comfortable with the Preliminary Plat, they (Shady Creek) would do whatever the City demanded of them. The Commission discussed the question, should stucco be considered a product that would meet the masonry requirements of the Code. The members voted against acceptance. Cody Rodden was welcomed to the Planning and Zoning Commission. Charles Gray made his farewell. David Conroy made a motion to end the marathon meeting of the City of Kennedale's Planning and Zoning Commission on this 20th day of June 1996 at 11 :02 p.m.. Jerry Miller seconded the motion and all Members voted in favor. ATTEST: APPROVED: p. 550