02.20.1997 PZ Minutesp. 574
CITY OF KENNEDALE
MINUTES OF
PUBLIC HEARING
PLANNING AND ZONING COMMISSION
20 FEBRUARY 1997
COMMUNITY CENTER - 7:00 P.M.
Chairman Conroy called the Public Hearing to order at 7:03 p.m.
Commission Members Present: David Conroy, Jerry Miller, Bryan Lankhorst, Cody Rodden and Ralph
Warner with Glynn Cavasos being absent.
City Staff Present:
Ted Rowe - City Administrator
Mort Wetterling - Permits /Code Enforcement Department
Susan Brown - Planning and Zoning Secretary
PUBLIC HEARING NO. 1 - To receive citizen's comments regarding a request to re -zone 5.60 acres of
land identified as Lot 1 -R through Lot 7 of Block 1 in the Clairemont Court Addition, from it's current
zoning classification of "R-1" (Single Family Residential) to that of "PD" (Planned Development). The
request has been submitted by the property owner, Mr. Daniel Ortiz.
Mr. Daniel Ortiz, the Developer /Applicant, gave the Commission a brief overview of the Clairemont
Court proposed Sub Division. He stated that his project and the Country Estates Sub Division, directly
across Pennsylvania Avenue to the South, would both be high quality developments that would
compliment each other and establish a unique area that is not present in any other location within the
City. Mr. Ortiz further advised that the Clairemont Court Deed Restrictions were very similar to those of
Country Estates and that the stipulations, requirements, and regulations set forth in his proposed Planned
Development District were almost identical to those set forth in "PD /95" with a few exceptions.
Mr. John Berry spoke in favor of the proposed Sub Division and the request for a change of zoning. He
also reiterated the fact that quality will be the project's key attribute.
No other individuals elected to address the Commission either for or against the proposed change of
zoning classification and at 7:16 p.m. Chairman Conroy closed the Public Hearing.
p. 575
CITY OF KENNEDALE
MINUTES OF
REGULAR MEETING
PLANNING AND ZONING COMMISSION
20 FEBRUARY 1997
COMMUNITY CENTER
Chairman Conroy called the meeting to order at 7:17 p.m.
Commission Menders Present: David Conroy, Jerry Miller, Bryan Lankhorst, Cody Rodden and Ralph
Warner with Glynn Cavasos being absent.
City Staff Present:
Ted Rowe - City Administrator
Mort Wetterling - Permits /Code Enforcement Department
Susan Brown - Planning and Zoning Secretary
ITEM NO. 1- Approval of 16 January 1997 Impact Fee Committee Meeting minutes as well as minutes
of the Public Hearing and Regular Planning and Zoning Meeting.
Cody Rodden made a motion to accept the minutes to the Impact Fee Committee Meeting as submitted.
Jerry Miller seconded the motion with Ralph Warner and Bryan Lankhorst abstaining. The motion
carried.
Jerry Miller made a motion to accept the minutes to the Public Hearing as submitted. Cody Rodden
seconded the motion with Ralph Warner and Bryan Lankhorst abstaining. The motion carried.
Ralph Warner made a motion to accept the minutes to the Regular Commission Meeting, after making a
slight amendment mentioning the fact that he arrived late to the meeting. Jerry Miller seconded the
motion with Bryan Lankhorst abstaining. The motion carried.
ITEM NO. 2 - Consideration of a request to re -zone 5.60 acres of land identified as Lot 1 -R through Lot
7 of Block 1 in the Clairemont Court Addition, from it's current zoning classification of "R -1" (Single
Family Residential) to that of "PD" (Planned Development). The request has been submitted by the
property owner, Mr. Daniel Ortiz.
The applicant along with Commission members and City Staff discussed the stipulations and
requirements set forth in Mr. Ortiz's proposed PD Ordinance and all were in agreement that items already
addressed in various sections in the City Code should be removed to avoid being redundant. The
submitted PD Ordinance contents were modified slightly in that subject matter dealing with roof pitch,
stucco exteriors, and the parking of recreational equipment was removed. Both the Developer and the
Commission were in agreement with the end result and that modified version will be submitted to the City
Council for review and consideration.
Ralph Warner made a motion to approve the request for a change of zoning classification, for the 5.60
acre Clairemont Court Sub Division from that of "R -1" (Single Family Residential) to that of a Planned
Development District. Cody Rodden seconded the motion and all Commission Members voted in favor.
p. 576
Minutes, Planning and Zoning Commission, 20 February 1997, cont'd.
ITEM NO. 3 - Discussion relative to the limitations imposed upon the Commission Meetings by the
Texas Open Meetings Act.
City Staff distributed to Commission Members, a copy of the 1995 Texas Open Meetings Act Handbook.
The City Administrator addressed briefly the importance of compliance with the guidelines set forth in the
Handbook. Chairman Conroy requested of Commission Members that they carefully review the material
in the Handbook and, if required, the contents could be discussed at a future meeting.
ITEM NO. 4 - Continued Commission discussion concerning the formulation of a Sign Ordinance.
Chairman Conroy elected to defer discussion, on this Agenda Item, until after discussion concerning
Agenda Item No. 5 had been completed. After completion of the lengthy discussion, relative to Item No.
5, it was agreed that Item No. 4 should be rescheduled for the next meeting, due to the late hour of the
evening. Previous Commission concerns were addressed relative -to a General Law City's ability to draft
Ordinances that could possibly be limited to Home Rule municipalities. City Staff advised that since the
majority of Ordinances drafted deal directly with Health, Safety and Welfare, there should be little
concern for exceeding the area of responsibility. Additionally, inasmuch as all Ordinances are reviewed,
and the final draft submitted by Legal Council, the City is assured of compliance. Inasmuch as the
acquisition of Home Rule status is eminent, all were in agreement that the Commission should
expeditiously move forward with formulation of a Sign Ordinance.
ITEM NO. 5 - Continued Commission discussion relative to Legal Council's draft of a proposed Garage
Sign Ordinance.
Members of the Commission and City Staff discussed, at length, the contents of the Commission's draft
of a proposed Garage Sign Ordinance as well as the contents of the draft submitted by Legal Counsel.
The subject of Permit fees, signage, right -of -way encroachment, citizen awareness, fines levied and
concern of the various Utility Companies were all discussed. Letters from the Utility Companies, were
provided to the Commission Members and the concerns of City Staff and some Commission Members
relating to the amount of signage setback within City and State right -of -ways were addressed in detail.
Commission Members agreed to send the Garage Sign Ordinance draft, returned by Legal Council, on to
the City Council for consideration and that Chairman Conroy would provide, to Council, a written
listing of Commission concerns and recommended changes to said draft.
DISCUSSION:
The Commission agreed that the various City Boards should meet for an exchange of ideas.
Cody Rodden made a motion to adjourn the 20 February 1997 Planning and Zoning Commission Meeting
which was seconded by Jerry Miller. All Members voted in favor and Chairman Conroy adjourned the
meeting at 9:42 p.m.
ATTEST APPROVED