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2010_05.04 BOA Minutes_DRAFT220 MINUTES BOARD OF ADJUSTMENT REGULAR MEETING – MAY 4, 2010 KENNEDALE MUNICIPAL BUILDING – 405 MUNICIPAL DR. COUNCIL CHAMBERS 7:00 PM CALL TO ORDER Vice-Chairman Elam called the meeting to order at 7:00 P.M. ROLL CALL Ms. Roberts called roll. Board of Adjustment members present: Linda Elam (Vice-Chair); Brian Cassady; Patrick Vader; alternates Darrell Dixon and Jeff Madrid. Staff members present: James Cowey (Director of Development Services); Rachel Roberts (Planner) Both alternates were called to serve during the meeting. Ms. Roberts swore in those present who wished to speak during the meeting. I. VISITORS/CITIZENS FORUM No one wished to speak during the Visitors’/Citizens’ Forum. II. CONSIDER BOA CASE # 10-04 BOA 10-04 to receive comments on a request for a Variance from the setback, lot coverage, and masonry requirements of Sec. 17-405 of the Kennedale city code to allow a temporary (24 months) portable building for classroom purposes to be located on the property at the corner of N. Kenney and W. 3rd streets at approximately 200 3rd St, more particularly described as City of Kennedale Addition, Block 24, Lot 1R. The variance is requested by the First Baptist Church of Kennedale. a) STAFF PRESENTATION OF CASE Ms. Roberts presented the case. She said that the First Baptist Church was out of space and needed to expand its building in order to continue to grow. The church planned to expand its building but needed space for classrooms until an addition could be built. She said the church wanted to use a temporary building for classrooms until it could build its addition. The church was therefore requesting a variance from setback, lot coverage, and masonry requirements for two years. Ms. Roberts added that the church planned to paint and finish the temporary building so that it blends in with the adjacent structures. The uses 221 adjacent to the church on three sides are non-residential, and there are residences on the southern side. Ms. Roberts said that in the Old Town district, setbacks are smaller than in the other districts, with residences close to non-residential uses, and staff is therefore comfortable with allowing the variance. She said that staff did not see that there would be any injury to public health, safety, or welfare to allow the variance and that they did not believe granting the variance would defeat the intent or philosophy of the zoning ordinance. She added that this was not a situation created by the applicant and it wasn’t a financial problem. She said that they believed the church was a good use of the property and granting the variance would help the church to stay downtown, and staff recommended approval. Mr. Cassady asked if there were any issues with the utilities or power lines, and staff said no. Mr. Cowey explained further, pointing out spacing on an aerial photograph. He said there were no issues with setback from utilities, and there were no underground utilities to worry about. Mr. Vader asked if there were doors on both sides of the temporary building. He said he was a little concerned about fire code for a building that size and thought it should have two exits. Mr. Cowey said staff could sit down with the fire chief to create a floor plan for the temporary building. b) APPLICANT PRESENTATION OF CASE Mr. Pat Turner of 1013 Kennedale Sublett Road presented the case on behalf of the applicant, First Baptist Church of Kennedale. He gave the background for the church, stating that the church had served the community for 120 years. He added that Kennedale has grown tremendously in the past ten years, and the church has grown, as well. Mr. Turner said the church had worked to accommodate that growth and had added a second service, but they’ve still run out of room for classrooms. He told the Board that the church has bought land across on 4th Street and planned to build a new building to serve as a family life center, not for church services. He showed a preliminary plan for the new building they want to build. He said the temporary building would buy them some time to continue with growth while they planned and built the new building. Mr. Turner said they’d established a building fund, and they’d already raised $160,000 and had been working with an architect to get plans so they could get pricing from contractors. He also said they’d spoken with the pastor of First Bible Baptist, the church next door, and had been told the church would support First Baptist in their expansion. Mr. Vader asked if they had any objection to putting in additional doors in the temporary building, and Mr. Turner said that they did not. He said he didn’t think the owner of the temporary building would, either. Mr. Vader then asked about parking, and whether the temporary building would create a parking problem. Mr. Turner and Mr. Cowey said it would not, and Mr. Turner said they had plenty of parking, adding that the space where the temporary building would go was not greatly used. The Board asked about the zoning for the lot where the family life center would go, and Mr. Cowey said that churches could go in any zoning district. He added that he believed the property was zoned Old Town. Mr. Vader added that the building would not be a church. He said he’d hate for the church to get things going and then down the road something caught them at the last minute. He then asked if the church was planning to start within the year on the new building, and Mr. Turner replied that he hoped so, and that they were actively working on it already. Mr. Vader asked if it would be two years at the outside, and Mr. Turner replied that he would think so. Ms. Elam asked how many square feet the new 222 building would be. Mr. Turner said it would be about 12,000 on the first floor but that they hadn’t decided on the second floor. c) PUBLIC HEARING ON BOA CASE #10-04 No one registered to speak. d) APPLICANT RESPONSE No response was required. e) STAFF RESPONSE AND SUMMARY OF CASE No response was required. f) ACTION ON CASE Mr. Vader said that he wasn’t terribly impressed with the temporary building, and Mr. Turner said that they weren’t, either. With the understanding that the temporary building would be improved as staff and the applicant had described, Mr. Vader made a motion to approve the case with the following conditions: 1. The temporary building must be painted and finished in a manner that blends in with the adjacent structures. 2. The proposed floor plan for the temporary building must be reviewed and approved by the fire chief and fire safety requirements must be met before the building may be used. Mr. Cassady seconded the motion, and all members voted in favor. III. REGULAR ITEMS a) Minutes from the April 2010 Board of Adjustment meetings Mr. Vader moved to approve the minutes, and Mr. Cassady seconded the motion. All members voted in favor. IV. STAFF REPORTS a) Update on City Projects Staff told the Board that students from the University of Texas at Arlington had made a presentation that day giving an economic analysis of the city as a whole, and that another group of students would be making a presentation about Oak Crest redevelopment during 223 the city council work session on May 13. They also said the Planning & Zoning Commission would have a public hearing on revisions to the oil & gas ordinance at its next meeting. Mr. Cowey described the progress on Bowman Springs, Sonora Park, and Dick Price. He also described the progress for the TownCenter project. He added that most of the property had been purchased for the Sublett Road project. Mr. Cassady asked if Bowman Springs would be going across Kennedale Parkway, and Mr. Cowey said that it would and added that it would cross North Road and that Dick Price would close through that intersection. Mr. Cassady asked about the oil & gas pipelines, and Mr. Cowey provided information on proposed routes. Ms. Elam asked if they put in the pipelines with future sites in mind so they will be able to attach to the pipeline. Mr. Cowey replied that you would think so, but they’re passing by two well sites. Mr. Cassady said that one of the wells [Renfro site?] still makes a lot of noise. Mr. Madrid asked about the water line on New Hope. Mr. Madrid said they keep filling it in with gravel, and it’s getting worse and getting dangerous. He added that he thought they were going to re-pave it, but they keep filling it in with gravel. Mr. Cowey said they might have been waiting to do a pressure test, but that he would relay that information to Larry Ledbetter. V. ADJOURNMENT Mr. Madrid made a motion to adjourn, which was seconded by Mr. Dixon. The meeting adjourned at 7:33 P.M. _____________________________ Rick Adams, Chairman Board of Adjustment ATTEST: __________________________ Rachel Roberts Planner