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2014_05.15 PZ MinutesKENNEDALE PLANNING & ZONING COMMISSION MINUTES COMMISSIONERS - REGULAR MEETING May 15, 2014 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE I. CALL TO ORDER Chairman Harvey called the work session to order at 6:09 P.M. II. ROLL CALL Commissioner Present Absent Ernest Harvey x Tom Pirtle x vacant Stephen Brim x Katie McFadden x Don Rawe x Mike Walker x Alternates Carolyn Williamson x vacant A quorum was present. Ms. Williamson was asked to serve as a regular member in place of Stephen Brim, who was absent. Staff present: Rachel Roberts (planning director) III. WORK SESSION A. Discuss any item on the regular session agenda Mr. Harvey gave some background on Case PZ 14 -05 described some of the differences between this case and the one two years ago. He also described the drainage on the property. He said he understands they [the applicant] don't have to include drainage as part of a concept plan, but as a planned development district, they should include that information. Mr. Rawe asked about fire access, and Ms. Roberts said they had checked with the fire chief, and he said it's fine for phase I, and phase II should be fine if the church to the south builds the drive close enough and the landscaping isn't a problem. Ms. McFadden said if they'll need handicapped parking next to the offices, so the Commission may want to ask the applicant about putting the offices in the back. The Commission members noted that they needed more information about some elements, such as drainage and fire access. B. Discuss items for future consideration The Commission did not discuss this item. C. Discuss regulations for potential new Neighborhood Center zoning district The Commission discussed the changes Ms. Roberts had made to the draft standards for a proposed Neighborhood Center zoning district. The work session closed at 7:01 P.M. IV. REGULAR SESSION V. CALL TO ORDER Chairman Harvey called the meeting to order at 7:01 P.M. VI. ROLL CALL Commissioner Present Absent Ernest Harvey x Tom Pirtle x vacant Stephen Brim x Katie McFadden x Don Rawe x Mike Walker x Alternates Carolyn Williamson x vacant A quorum was present. Ms. Williamson continued to serve as a regular member in place of Stephen Brim. Staff present: Rachel Roberts (planning director) VII. MINUTES APPROVAL A. Review and consider for approval minutes from the April 17, 2014 Planning & Zoning Commission meeting Ms. Williamson made a motion to approve the minutes from the April 17`" meeting, seconded by Mr. Pirtle. The motion passed unanimously. VIII. VISITOR/CITIZENS FORUM Brian Johnson, Kennedale mayor, told the Commission he hoped to have more regular meetings between the City Council and the Commission, at least two per year. He'd like to have one in September, after budget but before board appointments. IX. REGULAR ITEMS A. Case PZ 14 -03 to receive comments and consider action on a request by Sidney DaSilva, DBA Equity One Group, for the City of Kennedale to vacate 0.1192 acres of public right -of way located adjacent to property at 1453 J R Hawkins Rd, L C Rayburn's Subdivision Remainder Lot 6, Kennedale, Tarrant County, as shown in a deed of record in Vol. 10782 p. 1561, Tarrant County. 1. Staff presentation 2 Ms. Roberts the City of Arlington's plans for Joplin would require a 70 foot right -of -way, and J R Hawkins would require 50 to 60 feet of right -of -way. She said if Arlington wanted to re- acquire the same r -o -w later, it would have to pay fair market value. She said Mr. DaSilva may own the underling fee simple title, but the r -o -w is the predominant interest in the property and has the most value, and the city has the right to determine what that value is and can require full payment for it. She added that the city is also authorized to determine that a particular r -o -w is not useful to the public and sell it for nominal value, and it's up to the city to determine whether to charge fair market value or a nominal value. Ms. Roberts said the staff recommendation is to vacate a portion of the r -o -w requested, as shown on an exhibit attached to the staff report, and that the applicant be required to pay fair market value or dedicate a small sliver of additional land for r -o -w in exchange, as shown on the exhibit. 2. Applicant presentation Sidney DaSilva, 6500 Green Spring Dr, Arlington, addressed the Commission. He said he disagrees with the portion to be abandoned because he had visited Arlington's transportation division and spoke with the engineering & operations manager, and the manager doesn't understand why Kennedale would request Mr. DaSilva to abandon that strip of land, since it's inside Kennedale, and if Arlington needs more land for the road, they would not go inside Kennedale. Mr. DaSilva said he would not be interested in swapping land. Mr. DaSilva said he also paid fair market value for the land, and it belongs to him, and he pays taxes on it. He said he will offer $500 for the right -of -way. 3. Public hearing No one registered to speak. 4. Applicant response Mr. Harvey asked if there was anything he would like to add. Mr. DaSilva said he wanted to ask the Commission for help in developing the piece of land. 5. Staff response and summary Ms. Roberts said Mr. DaSilva would like to subdivide the land into two lots, and he already has enough land to subdivide, as -is. She said the fair market value Mr. DaSilva thinks he paid did not include the right -of -way as buildable area, but as right -of -way. Ms. McFadden asked Ms. Roberts about the fair market value. Ms. Roberts said the appraised value would have included the right -of -way as a lower value, not at a buildable value. Ms. Roberts said that since Mr. DaSilva didn't want to dedicate the portion staff had suggested as a possible land swap, staff didn't want to require him to dedicate it. Mr. Harvey went over the Commission's options: deny the request; take the city's recommendation and approve with fair market value; or refuse the city's recommendation and make its own recommendation. Ms. McFadden asked if the city would be comfortable abandoning all of the requested right -of -way for fair market value. Ms. Roberts said staff would not feel comfortable with it, but the Planning & Zoning Commission is the appointed body, and they have to make the decision they feel comfortable making. 6. Action by the Planning & Zoning Commission Mr. Pirtle made a motion to approve abandonment as recommended by staff as illustrated in the portion shown in yellow on Exhibit B and based on the fair market value price of the property. Mr. Walker seconded the motion. Mr. Rawe asked who determines the fair market value. Mr. Harvey said that came from staff. Mr. Pirtle said if the city wants to change it after the Commission meeting, that's up to City Council, but that it would be less fair market value than the Commission heard when the case was considered before because it's a smaller property to be abandoned. The motion passed with all in favor. B. CASE PZ # 14 -05 Public hearing and consideration of Ordinance approval regarding a request by Cynthia Sasedor for a zoning change from "CA" Restricted commercial district and "R -2" Single family residential district to a Planned Development district to allow an assisted and independent living facility on an approximately 2.4 acres property located at the corner of Potomac Pkwy and Little School Rd, legal description of M P Lamar Survey A -987 Tract 2. 1. Staff presentation Ms. Roberts gave the staff presentation. She said Ms. Sasedor had applied for a rezoning two years ago but had withdrawn the case before it went to Council. She said staff considers the request to be in compliance with the comprehensive land use plan. She recommended approval. Mr. Harvey asked Ms. Roberts if she thought the application met the requirements of a planned development district. Ms. Roberts said it meets the requirements of the ordinance, but the code authorizes the Commission to ask for more information or to place conditions. 2. Applicant presentation Jason Eggenburger, 2104 Fairmount Ave, Fort Worth, architect, and Mark Feuling, 4505 Kingswick Dr, Arlington, developer, addressed the Commissioned on behalf of the applicant. Mr. Eggenburger said they tried to keep the plans similar to before but had added medical office and a potential future phase. Mr. Eggenburger said they thought they had met the requirements of the ordinance and worked with staff to make sure they had provided everything needed and were looking for approval to get to the next step of hiring civil engineers and refining the architecture. Ms. Sasedor told the Commission she had been a healthcare provider for over twenty years and has provided services in nursing home and assisted living facilities. When she applied for a zoning change two years ago, she wasn't 100% ready. She said she's purchased the property and is ready to start this business. She distributed to the Commission her estimated employment opportunities for the first phase. Mr. Feuling said the medical office in this facility is for a doctor planning to move her practice from Mansfield and that Ms. Sasedor will bring her corporate office from Mansfield. He told the Commission they will be keeping with the local feel of the homes with the elevations. Ms. Sasedor said the facility would be assisted living, only vital signs monitoring, not nursing home care, and there would be an outpatient rehabilitation clinic beside it. She said some residents would have cars, some would not, and there won't be a lot of cars for the assisted living portion of the facility. Mr. Rawe asked if the rehabilitation services would be primarily for the residents or the community, and Ms. Sasedor said it would be for both. Mr. Walker asked what kind of specialty the doctor practiced, and Ms. Sasedor said she was an internist. He asked if it would be a locked facility, and Ms. Sasedor said it would be open during the day and locked at night. Mr. Walker asked if she would have dementia patients, and Ms. Sasedor said no. Mr. Pirtle and Mr. Harvey discussed the proposed entrances and exits. Mr. Eggenburger said they had originally planned an entrance on Little School but removed it after talking with staff. Ms. Roberts said staff wouldn't want a driveway that close, especially with the church driveway to be located so close by. Mr. Pirtle asked about the plans for a detention pond; Mr. Eggenburger said they would work with Arlington, as they have the utilities there. Mr. Harvey said this area has many issues with water movement, and the Commission had expressed this with the prior case. Mr. Feuling said the civil plans will have to pass both Kennedale and Arlington. Mr. Harvey said in a planned development district, the Commissioners have to make sure the ordinance includes everything the city needs and do due diligence. Mr. Feuling said the courtyard will also be part of the plan for water run -off. Mr. Harvey said when you 4 come for a PD, you have to bring everything to the table, or we have to write everything in the ordinance. Mr. Eggenburger said they know the history of the site, but a lot of the engineering is done after the zoning stage. Mr. Pirtle said the plan doesn't answer a lot of their questions. Mr. Eggenburger asked what the Commission's concerns were in addition to drainage. Mr. Pirtle asked where the other fire lanes were. Mr. Eggenburger said that for phase Il, they could use the church's property. Mr. Pirtle said there is no deal between the assisted living facility and the church. Mr. Pirtle said the elevations are from two years before and don't match this plan. Mr. Eggenburger said it would look similar. Ms. McFadden said with the comprehensive plan, the city wants a walking community, and parking in the front doesn't meet that look. She asked if they would be willing to put the offices with parking toward the back of the building. Ms. Sasedor said she had requested to have the offices up front because the doctor's and rehabilitation offices need visibility from the major thoroughfare. Mr. Harvey said everything for a PD has to be decided on when they approve it, since if it's not in the PD, they are subject to the standard code of ordinances, and they have to be careful not to overlook something. He said with the offices on the east end, you'll have a lot of traffic by the intersection and asked how they would mediate that safety concern. Mr. Feuling said it would be planned once they have the church site plan. Mr. Harvey asked if they had an agreement with the church; Mr. Feuling said no. Mr. Pirtle said it wasn't that they weren't trying to kill the project, they just were trying to get all the answers they needed. Mr. Harvey asked if they would do 100% masonry along Little School Rd, as proposed before. Mr. Eggenburger said yes. Mr. Harvey asked if they would consider going back to the original configuration. Mr. Eggenburger said that was a question for Ms. Sasedor. Mr. Harvey asked about the parking islands, and Mr. Eggenburger said the landscaping was per ordinance. Mr. Harvey said this is a PD. Mr. Harvey said he wasn't comfortable approving with so many changes and without as much information as before. Mr. Harvey also expressed concerns about storm water, traffic, fire lanes, and signs. Mr. Walker said it may be helpful to asked where the Commission goes from this point. Mr. Harvey said they would move on to the public hearing. 3. Public hearing No one registered to speak. 4. Applicant response No response was needed since there no one spoke during the public hearing. 5. Staff response and summary Ms. Roberts said from the staff perspective, the comprehensive plan allows for this kind of use and the concept plan meets the requirements of the ordinance. She said staff was comfortable with what was submitted. She recommended approval, understanding, that some changes would need to be made to the concept plan to address the Commission's concerns. She said she hoped the Commission would allow the plan to be conceptual at this level, since the concept plan does not require the same level of detail as a site plan. She recommended approval but said if the Commission did not want to approve, she asked that they would continue the case to allow the applicant to make changes to the concept plan. Ms. McFadden said this didn't meet what they were trying to achieve with form -based codes, with the parking lot design, the signs, and the detention issues. Ms. Roberts said she would agree on the parking lot, but a form -based code was not necessarily going to be used throughout the city. She said detention is very important, but staff would be comfortable if they could get the concepts for the detention, because 5 they won't issue a building permit if detention isn't taken care of through the engineering plans. Mr. Harvey said they didn't have to have detailed plans at this stage, but they didn't have enough of a concept. Mr. Walker said the Commission liked the use and thought it will be good for the community but are not comfortable with the level of detail in the concept plan. He said the Commission is going to approve it if they have the level of comfort needed from the concept plan. He added that he loved the facility and the ideas behind it. 6. Action by the Planning & Zoning Commission Ms. McFadden asked Mr. Harvey if he was okay with the concept other than engineering. Mr. Harvey said the Commission was looking for a commitment, not for detailed engineering. He said he agreed with Mr. Walker's statement that the city needs the services, but his job is to make sure the facility fits. He said the Commission's options were to approve, continue, or deny the case. Mr. Rawe asked if the city had sent out letters to notify residents. Ms. Roberts said yes, and they had received phone calls, and that most of the people who called had received a letter two years ago, so they were familiar with the request. Mr. Pirtle made a motion to continue the case until next month's meeting, with an interim work session prior to the regular session meeting. The motion was seconded by Mr. Walker. The motion passed with all in favor except Mr. Harvey, who abstained. X. REPORTS /ANNOUNCEMENTS Ms. Roberts said Bark in the Park would be held May 17 the city -wide garage sale would be May 30th_ 31 June 7 is the city -wide cleanup, and June 28 is the final bird workshop. She mentioned a health workshop to be held at the Senior Center. She said the City Council approved Case PZ 14 -04, and the Board of Adjustment granted special exceptions to three salvage yards for a period of five years. Mr. Harvey said that James is retiring and asked the Commission members if they would like to get him a gift, and they agreed. Mr. Harvey asked if they could have placed on the next agenda a request that Ms. Williamson be moved to a regular position. Ms. Roberts said that may have to be done during regular board appointments, but she would check. The Commission decided to hold an extra work session to work on the Bowman Springs code on Saturday, June 7 from 9 AM to noon. XL ADJOURNMENT Ms. McFadden made a motion to adjourn, seconded by Mr. Pirtle. The motion passed with all in favor except Mr. Harvey, who abstained. rued at 9:25 P.M. I. I Date :IX ` q �t Roberts, Planner /Board Secretary Date A