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2009_09.17 PZ Minutes1022 MINUTES PLANNING AND ZONING COMMISSION SEPTEMBER 17, 2009 KENNEDALE MUNICIPAL BUILDING, 405 MUNICIPAL DRIVE COUNCIL CHAMBERS WORK SESSION, 6:00 P.M. REGULAR MEETING, 7:00 P.M. With a quorum, Vice-Chairman Harvey called the work session to order at 6:05 P.M. Members present: Ernest Harvey (Vice-Chairm an), Lori Bryan, Ray Cowan, Frank Fernandez, Charles Overstreet, Billy Simpson, and Jason Galloway. Staff present: James Cowey (Building Official) and Rachel Roberts (Planner). Mr. Harvey asked Mr. Galloway to join the Commission at the dais. WORK SESSION I. POSSIBLE CHANGES TO COMMERCIAL ZONING DISTRICT CLASSIFICATIONS II. POSSIBLE CHANGES TO RESIDENTIAL ZONING DISTRICT CLASSIFICATIONS III. DEVELOPMENT NEAR OIL & GAS WELLS CALL TO ORDER ROLL CALL WORK SESSION, 6:00 I. Possible changes to the zoning district classifications: amending or adding additional zoning districts for commercial/industrial uses; permitted uses within commercial districts Ms. Roberts presented the staff report for this issue. She recommended that several of the uses currently permitted in C-2 General Commercial Zoning districts be allowed only by special exception. Mr. Harvey asked for clarification on the purpose of changing the zoning district classifications, and Ms. Roberts said that this issue comes from the strategic plan and that she believed compatibility of uses between zoning districts was the reason the plan called for changes in zoning districts. The Commission discussed the issue, and Mr. Cowey and Ms. Roberts replied to questions. Ms. Roberts clarified that some of the uses mentioned in the staff report could be compatible in C-2 districts in the right circumstances, but could also be incompatible, and therefore should be changed to Special Exception in C-2. Mr. Overstreet recommended adding language that a Special Exception could be granted if there were a substantial buffer between the use and surrounding incompatible uses. Mr. Harvey suggested adding language in the ordinance to the C-2 District purpose statement that uses that would be a nuisance to surrounding properties would not be allowed in C-2. Staff was asked to draft language to that effect. Staff was also asked to add language to C-0 and C-1 uses similar to what was included in the staff report, except that fast food uses would still be allowed in C-0 1023 districts. The Commission also asked staff to include in the language that Special Exception uses in C-2 districts would be required to have a buffer from surrounding incompatible uses in order for an exception to be granted. The Commission suggested using the language in the ordinance for Conditional Use Permits. II. Possible changes to the zoning district classifications: adding a zero lot line or traditional neighborhood development type district Staff presented the staff report for this Agenda Item, and the Commission discussed the issue. Staff replied to questions from the Commission. Mr. Harvey recommended using a form-based approach to the issue, and the rest of the Commission agreed. Mr. Cowey recommended using a planned development definition for infill. Mr. Harvey closed the work session at 7:08 P.M. and opened the regular meeting. REGULAR MEETING Mr. Harvey called the regular meeting to order, and Ms. Roberts called roll. All members were present except for Mr. Hunn and Ms. Sather. I. VISITORS/CITIZENS FORUM No visitors or citizens wished to speak at this time. II. PUBLIC HEARING CONSIDER PLANNING AND ZONING COMMISSION CASE #09-20 Case #PZ 09-20 to receive comments regarding a replat of Lots 1 through 8, Block 60, City of Kennedale Addition, and a part of the adjacent Union Pacific Railroad right-of-way, to that of Lot 1R, Block 60, City of Kennedale Addition. The property consists of approximately 1.249 acres and is located at 401 W. Broadway, Kennedale, TX. The replat was requested by Kelley McCreight. Ms. Roberts and Mr. Cowey presented the case and recommended approval of the replat. The applicant’s husband stated that he and Mrs. McCreight were available to answer questions. Mr. Cowan asked if the applicants were planning to apply for a rezoning, and Mr. McCreight said that they were not. Mr. Harvey asked what the applicant planned to do at the site, and Mr. McCreight stated that they planned to add on to their house and possibly add a storage unit in the future. Ms. Margie Lowery of 301 W Broadway asked about plans for Main Street, on which the McCreights have built a fence. She was concerned that access along Main Street would be blocked and she would not be able to get to the back side of her property. Staff stated that the city had no plans to abandon the street to the McCreights and that they did not believe adverse possession would be an issue in this case. Mr. Fernandez asked why the city would allow proper ty owners to extend their fences on to city property, and Mr. Cowey said that a lot of Old Town had that issue. 1024 Ms. Roberts again stated that staff recommended approval of the replat. Mr. Overstreet moved to approve the replat, and Mr. Simpson seconded the motion. The motion passed unanimously. III. PUBLIC HEARING CONSIDER PLANNING AND ZONING COMMISSION CASE #09-21 Case #PZ 09-21 to receive comments regarding a replat of Lots 6A, 6A1, 6A2, 6A1A, 7A, & 7A2, Block 1, Oliver Acres Subdivision, to that of Lots 7R1 and 6R1, Block 1, Oliver Acres Subdivision. The property consists of approximately 6.163 acres and is located at 1121 Swiney Hiett. The replat was requested by Sharon Crouch. Ms. Roberts told the Commission that the applicant, Mrs. Crouch, was ill and unable to attend the meeting. She and Mr. Cowey said they would prefer to go ahead with the case, rather than making the applicant wait, and that the case could be tabled if the Commission had questions for the applicant. Staff presented the case to the Commission. Ms. Roberts recommended the replat be approved, contingent upon approval of PZ case #09-22. No one from the public wished to comment on this case. Mr. Harvey asked if the existing structure met R-3 Residential District setbacks. Mr. Cowey said that it did not, and it did not meet Agricultural District setbacks either; the lot is currently non-conforming. Mr. Harvey expressed concerns about the lot size of proposed Lot 6R1 and about the possibility of spot zoning, and the Commission discussed this for some time. The Commission decided to approve the replat on the condition that the zoning case PZ09-22 also be approved, as the failure of that case to be approved would mean the failure of the replat case 09-21 to be approved, and the applicant would need to reapply for a replat in a way that addressed the Commission’s concerns. Mr. Overstreet moved to approve the replat on the condition that Case PZ 09-22 also be approved. The motion was seconded by Mr. Galloway, and the motion passed unanimously. IV. PUBLIC HEARING CONSIDER PLANNING AND ZONING COMMISSION CASE #09-22 Case #PZ 09-22 to receive comments regarding a request for rezoning of approximately 0.237 acres from AG Agricult ural to R-3 Single Family Residential, as requested by Sharon Crouch. The physical address is 1121 Swiney Hiett, Kennedale; an approximate legal description of the site is Oliver Acres Subdivision, Block 1, a portion of Lots 6A1A and 6A1, Tarrant County, Texas. A metes and bounds description of the site is available for review in the Permits & Planning office at Municipal Drive. Ms. Roberts presented the case on behalf of staff. The applicant was absent due to illness and was not able to present her case. Staff recommended approval of the rezoning if the replat is also approved. 1025 No one from the public wished to speak on this issue. In consideration of the discussion concerning Case 09-21, staff recommended the rezoning be denied. Mr. Overstreet made a motion to deny PZ Case 09-22; the motion was seconded by Mr. Fernandez. It passed with a majority vote, with Mr. Galloway voting in opposition. V. MINUTES: Approval of minutes from the July 16, 2009 Planning & Zoning Commission meeting. Mr. Overstreet moved to approve the minutes; Mr. Cowan seconded. The motion passed unanimously. VI. STAFF REPORTS: Update on City Projects Mr. Cowey provided an update on city road projects. Staff is planning to bring to the next meeting information to hand out to the Commission members on upcoming road projects. Mr. Harvey closed the regular meeting at 8:00 P.M. and opened the work session. RESUME WORK SESSION The Commission agreed to discuss Agenda Item III at this time. III. Oil and Gas requirements and impacts of drilling and wells on future development Mr. Cowey went over a proposed timeline for finishing the oil and gas ordinance revisions and suggested a joint work session with City Council and the Board of Adjustments. Ms. Roberts went through the staff report for this Agenda Item and received Commission input. The Commission decided to table any further discussion until the next meeting. VIII. ADJOURNMENT Mr. Fernandez motioned to adjourn the meeting, and Ms. Bryan seconded. All Commissioners voting in favor, the meeting adjourned at 9:00 P.M. _____________________________ David Hunn, Chairman Planning & Zoning Commission ATTEST: __________________________ Rachel Roberts Planner