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2009_01.15 PZ Minutes1006 MINUTES PLANNING & ZONI NG COMMISSION DECEMBER 18, 2008 KENNEDALE MUNICIPAL BUILD ING – 405 MUNICIPAL DR. COUNCIL CHAMBERS REGULAR MEETING - 7:00 PM Chairman Hunn called the meeting to order at 7:01 pm. Members present: Ernest Harvey, Billy Simps on, Frank Fernandez, Lori Bryan, Ray Cowan, David Hunn, and Lana Sather. Members Absent: Sharon K. Gilley Planning and Zoning Member Charles Overstreet is absent due to Military Leave. Staff present: James E. Cowey, Building Official, Glenn Greenwood, Code Enforcement Officer, and Crystal Tort, Planning and Zoning Secretary. Lana Sather was moved to a regular voting member for the purpose of this meeting. I. VISITORS/CITIZENS FORUM No one wished to speak. II. CONSIDER PLANNING AND ZONING COMMISSION CASE # 09-01 Relative to a request for a zone change of approximately 11.1 acres with the legal description being Abstract 1361, Tracts 11, 11A, 11A1, and 12 of the Jesse Russell Survey in the City of Kennedale, Tarrant County, Texas. The physical addresses of the tracts are 3850 South Eden Road, 7141 Kennedale Parkway and 7161 Kennedale Parkway. The current zoning is “R-3” (Single Family Residential). The proposed zoning is “C-2” (General Commercial) as requested by Thomas S. Mackie on behalf of RPC Industrial. 1) STAFF PRESENTATION OF CASE James E. Cowey pointed this area out on the Kennedale Zoning Map and described the surrounding uses. Mr. Cowey informed the Board that the Future Land Use Plan designates this area for Commercial/Retail & Office. Mr. Cowey explained to the Board that the applicant would have to install screening on the property line that abuts the residential zoning. Lastly, Mr. Cowey recommended the Board to grant this case because it meets all codes and is compatible with the surrounding uses and Future Land Use Plan. 2) PUBLIC HEARING ON PLANNING AND ZONING CASE# 09-01 Thomas S Mackie, 7923 Caruth Court, TX spoke in favor for the proposed zone change. Mr. Mackie informed the Commission that he is a commercial developer and believes there is a lot of potential in Kennedale. Mr. Mackie passed out renderings and schematics of the buildings that he has built in the past. Mr. Mackie informed the Board that he intends to put a restaurant at this location and some commercial space and is in the process of canvassing tenants for this location. 1007 Ronnie Nowell, 317 Bowles Court, Kennedale TX, spoke in favor of the proposed zone change. Mr. Nowell explained to the Board that he is speaking as a resident and Real Estate Agent for Mr. Mackie. Mr. Nowell explained that he thinks we found the right developer and the right package for this property and recommended that the Board look favorable on this development. Marshall Tuttle, 529 Eden Road, Kennedale, TX, spoke against the proposed zone change. Mr. Tuttle informed the Board that his property is ¾ of a mile from the development. Mr. Tuttle also notified the Commission that he had bought his pr operty three years ago for a retirement place to live and since then his quality of life has diminished. Mr. Tuttle informed the Commission that almost two years ago Hawk Steel moved in and is an eye soar and creates outrageous noise. And recently much noise was produced due to the cutting down of trees for this re-zoning. Pat Doescher, representative of the Chamber of Commerce, 201 S. New Hope Road, Kennedale, TX, spoke in favor of the proposed zone change. Mrs. Doescher explained that a lot of developers are interested in coming into Kennedale and expressed how great it would be to get a real restaurant into Kennedale. Lastly Mrs. Doescher emphasized that this development would be good for the city and for the Commission to please consider the C-2 zoning. Chairman Hunn closed the Public Hearing at 7:19 PM. 3) STAFF RESPONSE AN D SUMMARY OF CASE James E. Cowey informed the Board that Hawk Steel is outside the City Limits, therefore the City has no control. Mr. Cowey also explained that this development would require a six foot screening that abuts up to residential development and would also have to follow the Noise ordinance. Mr. Cowey also mentioned that this development would follow all current codes which would be landscaping the property and using 80% masonry material for the building. 4) ACTION ON CASE After a lengthy discussion a motion was made. Mr. Cowan made a motion to approve Case # 09-01 a zone change of 3850 South Eden Road, 7141 Kennedale Parkway, and 7161 Kennedale Parkway from R-3 (Single Family Residential) to C-2 (General Commercial). Seconded by Mr. Simpson. Motion passed with a five (5) to one (1) vote. III. CONSIDER PLANNING AND ZONING COMMISSION CASE # 09-02 to 09-15 Relative to a request for a City initiated zone change to the properties listed below. The lots listed below are currently zoned C-2 (General Commercial District) and the proposed zoning would be R-2 (Single Family Residential). a) PZ 09-02 being Abstract 1361, Tract 9A04 of the Jesse Russell Survey with the address of 6867 Mansfield Cardinal Road. b) PZ 09-03 being Abstract 1361, Tract 9A06 of the Jesse Russell Survey with the address of 6867 Mansfield Cardinal Road. c) PZ 09-04 being Abstract 1361, Tract 9A07 of the Jesse Russell Survey. d) PZ 09-05 being Abstract 1361, Tract 9A of the Jesse Russell Survey with the address of 6875 Mansfield Cardinal Road. e) PZ 09-06 being Abstract 1361, Tract 9A03 of the Jesse Russell Survey with the address of 6895 Mansfield Cardinal Road. 1008 f) PZ 09-07 being Block 1, Lot 4 of the Jesse Russell Addition with the address of 6901 Mansfield Cardinal Road. g) PZ 09-08 being Abstract 1361, Tract 9A05 of the Jesse Russell Survey with the address of 5900 Eden Road East. h) PZ 09-09 being Abstract 1361, Tract 9A01 of the Jesse Russell Survey. i) PZ 09-10 being Abstract 1361, Tract 9F01 of the Jesse Russell Survey with the address of 5840 Eden Road East. j) PZ 09-11 being Abstract 1361, Tract 9F01A of the Jesse Russell Survey with the address of 8040 Eden Tap Road. k) PZ 09-12 being Abstract 1361, Tract 9F of the Jesse Russell Survey with the address of 5869 Eden Road East. l) PZ 09-13 being Abstract 1361, Tract 9D02 of the Jesse Russell Survey with the address of 5844 Eden Road East. m) PZ 09-14 being Abstract 1361, Tract 9D01 of the Jesse Russell Survey with the address of 5640 Eden Road East. n) PZ 09-15 being Abstract 1361, Tract 9D of the Jesse Russell Survey with the address of 5844 Eden Road East. 1) STAFF PRESENTATION OF CASE James E. Cowey pointed this location on the zoning map and explained that this C-2 area is surrounded by residential. He also explained there were some uses in this area that were causing problems with the adjacent residential uses in the area. Mr. Cowey then explained the case history and recommended this case be approved with R-2 Zoning. 2) PUBLIC HEARING ON PLANNING AND ZONING CASE# 09-02 to 09-15 No one wished to speak. 3) STAFF RESPONSE AN D SUMMARY OF CASE James E. Cowey addressed the Board to pursue R-2 Zoning. Mr. Cowey also explained that many of the existing uses on the property are currently non-conforming with the zoning. 4) ACTION ON CASE Mr. Harvey made a motion to approve Case # 09-02 to 09-15 a City initiated Zone Change of the lots located at the corner of Mansfield Cardinal and Eden Road from C-2 (General Commercial) to R-2 (Single Family Residential). Seconded by Mrs. Sather. Motion passed with a six (6) to zero (0) vote. IV. APPROVAL OF MINUTES: Regular meeting dated December 18, 2008. Mr. Simpson made a motion to approve the December 18th Minutes with one change, seconded by Mr. Harvey. Motion passes unanimously. V. WORK SESSION The following items will be discussed, but no action will be taken. 1) Development near Gas Wells 1009 2) Overlay District Zoning 3) R-4 Zoning 4) Parking Ordinance 5) Storm Water Ordinances 6) Creek Ordinances 7) Regulations for a Guest House 8) Guarantees and Maintenance Bonds 9) Outside Storage Regulations 10) Loading Dock Regulations 11) Screening Regulations 12) Salvage Yard Ordinance A lengthy discussion ensued between the Commission and Staff as to which items are priority and the purpose of having these items on the agenda. VI. STAFF REPORTS (a) Update of P&Z Action Items sent to Council Ms. Tort informed the Board that PZ Case #08-26 & 08-27 a City Initiated Zoned Change from C-1 to C-0 was tabled until the February 12 th Meeting to allow all Council Members to be present before consideration. Granted with a three (3) to zero (0) vote. Ms. Tort also informed the Board that Case #08-28 a Final Plat located on Little School Road was granted with a three (3) to zero (0) vote. (b) Update on Strategic Planning Process A general discussion amongst the Board and Staff r egarding the progress of the different Task Forces. VII. ADJOURNMENT Mrs. Bryan made a motion to adjourn the meeting, seconded by Mr. Cowan. Motion passed without opposition. Chairman Harvey adjourned the meeting at 8:54 PM. _____________________________ David Hunn, Chairman 1010 Planning & Zoning Commission ATTEST: __________________________ Crystal Tort Planning & Zoning Secretary