Loading...
2009_07.16 PZ Minutes1015 MINUTES PLANNING AND ZONING COMMISSION JULY 16, 2009 KENNEDALE MUNICIPAL BUILDING, 405 MUNICIPAL DRIVE COUNCIL CHAMBERS REGULAR MEETING, 6:00 P.M. With a quorum, Chairman Hunn called the meeting to order at 6:02 P.M. Members present: David Hunn (Chairman), Ernest Harvey (Vice-Chairman), Lori Bryan, Ray Cowan, Frank Fernandez, Charles Overstreet, Billy Simpson, and Lana Sather. Staff present: James Cowey (Building Official) and Rachel Roberts (Planner). Also present was Bob Hart, City Manager and president of the Kennedale Economic Development Corporation. I. WORK SESSION a. DEVELOPMENT NEAR OIL & GAS WELLS b. POSSIBLE CHANGES TO COMMERCIAL ZONING DISTRICT CLASSIFICATIONS c. POSSIBLE CHANGES TO RESIDENTIAL ZONING DISTRICT CLASSIFICATIONS a. Oil and Gas requirements and impacts of drilling and wells on future development The Commission reviewed the staff report submitt ed by Rachel Roberts and discussed the items under consideration. Chesapeake also provided notes for the Commission’s consideration. The notes were considered by the Commission as much as possible, given that the members did not receive the notes until the evening of the meeting. Ms. Roberts has begun drafting a revised oil and gas ordinance for submission to City Council. The draft ordinance will be brought to the next Commission meeting for review. The Commission discussed the following items perta ining to the city’s oil and gas ordinance: 1. Gathering stations. The Commission agreed to amend the definition of Gathering Station to include that it is a type of compressor station. The Commission further agreed to amend section 17.426 (c-1) to include compressor stations and to include language that addresses concerns about aesthetics, safety, and noise. This amendment will be recommended in place of recommending that compressor stations be prohibited. 1016 2. Flaring and Public notification. The Commission agreed that operators should notify the city forty-eight (48) hours in advance of planned flaring and within three (3) hours of discovery of the need for emergency flaring. The Commission agreed that the ordinance should not specify how the city should notify residents about flaring so that the city staff have flexibility in choosing a notification method. 3. Noise regulations. The Commission discussed the noise section of the oil and gas ordinance and agreed to leave the ordinance as written. 4. Fracing operations. The Commission reviewed the notes provided by Chesapeake concerning fracturing operations and decided not to make changes to the language agreed upon in the previous meeting. 5. The Commission agreed to recommend the language suggested by staff concerning waste water management plans. 6. Pipeline placement. The Commission asked the staff to review Mansfield’s pipeline ordinance and bring a recommendation to the Commission as to whether the city should follow Mansfield’s approach, a licensing approach, or some other method of planning for pipelines. The Work Session was closed at 7:01 P.M. II. REGULAR SESSION With a quorum, Chairman Hunn called the meeting to order at 7:10 P.M. a. Visitors/Citizens Forum Mr. Charles Posey told the Commission that he was at the meeting in order to find out how some of the cases before the Commission would affect property he owns. b. Minutes Mr. Harvey made a motion to approve the minutes from the June 18, 2009 meeting as read. The motion was seconded by Mr. Fernandez, and the motion passed unanimously. c. Chair and Vice-Chair Appointments Mr. Harvey made a motion to appoint David Hunn as chair of the Planning and Zoning Commission. Mr. Overstreet seconded the motion, and the motion carried unanimously. Mr. Cowan made a motion to appoint Ernest Harvey as Vice-Chair of the Planning and Zoning Commission. Ms. Bryan seconded the motion, and it passed unanimously. d. Public Hearing to consider Planning and Zoning Commission Case #09-16 1017 Ms. Roberts gave the staff presentation to the Commission and corrected a minor error in the staff report on the case, stating that the proposed lot off High Ridge would not be used for ingress and egress to the proposed QuikTrip site, as the grading would be too difficult to create an access way from that site. She recommended that the Commission approve the replat. Mr. Cowey gave a quick overview of the proposed replat. Mr. Jake Petras and Ms. Cheralyn Armijo presented the case on behalf of QuikTrip. Mr. Petras said that, due to interest by the city, they had re-examined the possibility of creating an access way from the second lot and had found that this might be possible. He added that this couldn’t be guaranteed, but it might be possible. No one from the public wished to speak on this case. Staff again recommended the Commission approve the replat. The Commission had no discussion on this item. Mr. Harvey made a motion to accept the request to replat as described in the staff summary; the motion was seconded by Mr. Over street. The motion passed unanimously. e. Public Hearing to consider Planning and Zoning Commission Case #09-17 Ms. Roberts presented the case to the Commission. Mr. Petras and Ms. Armijo presented the case on behalf of QuikTrip. Staff had prepared a slideshow of the material QuikTrip had submi tted the city, and Mr. Petras gave an overview of each of the items. He told the Commission that the setbacks requested were needed in order to have proper traffic flow in and around its site and to provide a landscape buffer. Mr. Petras then answered questions from the Commission, including questions on fencing, sidewalks, signs, and whether the site would fuel big rigs. The Commission asked whether the lot not to be developed by QuikTrip needed to be included in the planned development, and staff affirmed that it did not. No members of the public wished to speak at the public hearing. Ms. Roberts told the Commission that she had sent out letters to property owners within 200 feet of the site and that she had received a phone call from a property owner who was highly in favor the rezoning. Mr. Cowey provided the staff follow-up. He noted that brick and stone canopies require a lot of maintenance, but there may be some architectural, landscape, or signage features that could help transition down the Kennedale Parkway toward TownCenter. The Commission had several follow-up questions for staff and provided comments to the applicant, including noting that the development was a positive change for the area and expressing concern for how the development would fit in with the look and feel of Kennedale Parkway. In addition, several Commission members would have liked QuikTrip to take more into consideration the city’s plans for the area, including the new strategic plan. Mr. Overstreet made a motion to recommend appr oval of the rezoning of approximately 1.6 acres from C1 Restricted Commercial Deve lopment to Planned Development as requested 1018 by QuikTrip Corporation, physical addresses as stated in the staff report. The motion was seconded by Mr. Cowan. The motion passed unanimously. f. Public Hearing to consider Planning and Zoning Commission Case #09-18 Ms. Roberts presented the case, and Mr. Cowey responded to questions from the Commission. Mr. Posey owns property near the subject site and had received conflict ing information from the city about which addresses were going to be included in the replat. Mr. Cowey explained that Mr. Posey had received letters from the city because he owns property within 200 feet of the proposed replat. Staff then responded to additional questions from the Commission concerning right-of-way along Municipal Drive. Staff then recommende d that the Commission approve the replat application. Mr. Fernandez motioned to approve the replat request Case 09-18 as described in the staff summary document, and Mr. Harvey seconded the motion. The motion passed unanimously. g. Public Hearing to consider Planning and Zoning Commission Case #09-19 Ms. Roberts presented the case to the Commission. She told the Commission that the acreage information she had given them was incorrect. The correct description is an approximately 6.868 acre site and a 0.781 acre right-of-way; the total site is approximately 7.649 acres. Ms. Roberts said she had sent out letters to all property owners within 200 feet of the subject site and had received one inquiry about the project but no comments in favor of or against the project. She added that staff recommends the Commission approve the rezoning. Mr. Cowey suggested that the applicants be allowed to speak next to give an overview of the project. Bob Hart presented the applicant’s case on behalf of the Kennedale Economic Development Corporation. He then responded to questions from the Commission, including what was the advantage to having a Munici pal Management District and whether the Kennedale Economic Development Corporation was planning to sell the lots. Mr. Posey asked several questions about the project. He thought that selling the lots was beneficial but was concerned about the kinds of businesses that would be allowed to operate at the site, and whether they would help the city’s image. Mr. Cowey then went through the overall design of the site. The proposed developer of the site, David Johnson of Cypress Properties, provided additional information and responded to questions from the Commission. The Commission expressed concern that the TownCenter development would look exactly like the developer’s existing devel opment in Cedar Park, Texas. In the staff response, Ms. Roberts told Mr. Posey that staff shares his concerns about the kinds of businesses that might locate in the new TownCenter and that staff had worked with 1019 the developer on this issue. She then said that staff believed the infill development would be good for the site and recommended the Commission approve the rezoning request. The Commission and staff next reviewed the proposed Planned Development ordinance, and staff and the developer responded to questions from the Commission. In addition, Mr. Hart stated that the board of the Municipal Management District and the Kennedale Economic Development Corporation would be the final decision-making authority for design for the site. Several Commission members said they would prefer that this authority be specified in the Planned Development ordinance. Mr. Overstreet moved to approve the rezoning change for the property described on the Exhibit A attachment from the current zoning C1 Restricted Commercial to KTCPD Kennedale TownCenter Planned Development as shown in the exhibit attached to the ordinance. Mr. Cowan seconded the motion. Mr. Harvey next made a statement that the Commission should do due diligence on all ordinances that come before the Commission, no matter who requested the ordinance. Mr. Overstreet added that the Commission did not regulate the city in the same way it regulates entities with no vested interest (in the city), and discussion followed. The motion passed with four votes in favor and two members abstaining. h. Staff Reports Mr. Cowey told the Commission that the city is pressing on with road projects on Bowman Springs, Little School Road, and Sublett and that the work on Mansfield Cardinal was almost completed. He also said that the city is continuing to acquire property for Sonora Park and that the city is hoping to start construction in the near future. Mr. Fernandez spoke on the importance of maintaining the city’s parks and facilities. Mr. Cowey responded to his comments, saying that the city is trying to set an example with water conservation. The Commission closed the regular session. III. RESUME WORK SESSION a. Oil and Gas Ordinance review, continued from earlier work session. 7. The Commission agreed to recommend t he language used by Mansfield concerning roads and parking facilities for drilling and operations, as amended by the Commission. The Commission also decided to recommend that all vehicular access roads for wells should be gated within seventy-five (75) feet of the public road. 8. The Commission agreed to recommend adopting language suggested by staff on prohibiting drilling within 300 feet of a property line, as amended by the Commission. 9. The Commission agreed to recommend adopting language similar to that used in Fort Worth concerning the use of sound blankets on temporary compressors and concerning acoustical structures for compressors. 10. The Commission agreed to recommend adopting language suggested by staff, as amended by the Commission, concerning construction near existing oil and gas wells 1020 and pipelines. In addition, the Commission asked Ms. Roberts to check with state agencies for regulations concerning building near abandoned wells. b. List of items for future consideration The Commission agreed to postpone discussion of these items to a future meeting. Items (b) and (c) from the July 16 agenda are to be discussed first on the agenda at the next work session. The Commission agreed to meet at 6:00 P.M. at the next meeting. VI. ADJOURNMENT Mr. Fernandez motioned to adjourn the meeting, and Mr. Harvey seconded the motion. The motion passed unanimously, and the meeting adjourned at 10:42 P.M. _____________________________ David Hunn, Chairman Planning & Zoning Commission ATTEST: __________________________ Rachel Roberts Planner