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2007_01.18 PZ Minutes912 PLANNING & ZONING COMMISSION ' KENNEDALE MUNIC PAL BUILDINGO405 MUNICIPAL DR. COUNCIL CHAMBERS REGULAR MEETING - 7:00 PM Chairman Miller called the meeting to order at 7:00 pm. Members present: David Hunn, Billy Simpson, Harvey Long, Charles Robeson, Ray Cowan, Ernest Harvey, and Jerry Miller. Members absent: Lori Bryan and Erin Barnett Staff present: Mark White, Director of Community Development; James Cowey, Building Official; Larry Hoover, Community Development Specialist; Lisa Cabrera, P&Z Secretary; Kyle Dykes and Greg Saunders, City Engineers. A. EXECUTIVE SESSION No executive session was called. B. RECONVENE INTO CHAMBERS No executive session was called. C. VISITORS/CITIZENS FORUM No one wished to speak. D. PUBLIC HEARING 1) Case #PZ 06-13 to receive citizen's comments regarding a request for re-plat of 2.872 acres with the legal description being Block 1, Lots 1 of the Enox Office Addition in the City of Kennedale, Tarrant County, Texas. The applicant, also, requests a variance from the conformance of zoning ordinance requirements of the Sub-division Regulations Section 17- 213 (2) and from the minimum 50' frontage on and access to an existin Section 17-225. The property is located at 1129 Little School Rd as requestedl~by Willeiam and Mary Enox. No one wished to speak. 2) Case #PZ 06-14 to receive citizen's comments regarding a request for rezoning 48 acres with the legal description being Tract 2 of J M Lilly Survey, Abstract 980 and Tract 3 of the J M Lilly Survey, Abstract 985, in the City of Kennedale, Texas, Tarrant County. The address is 925 Mansfield Cardinal Road. The zoning at the present time is "AG" (Agricultural) and is proposed to rezone to "R-2" (Single Family Residential), as requested by Adlai Pennington with MKP & Associates, Inc. Adlai Pennington, 1375 Gilman, Fort Worth, TX, 76140, addressed the Commission in favor of the zone change request and presented the Commission with the preliminary plat of a subdivision as to the reason for the zone change request. 913 Mark Shelton, 1375 Gilman, Ft. Worth, TX, 76140 addressed the Commission in favor of the zone change request and presented the Commission with an engineering report of the drainage issues associated with this property and the requested preliminary plat proposed for this address. A lengthy discussion was held among the Commissioners, Mr. Pennington, Mr. Shelton, City staff, and Mr. Dykes regarding the drainage issues concerning this piece of land and the proposed development. Roy Boenig, 1020 Kennedale Sublett Rd, Kennedale, TX, 76060 addressed the Commission against the zone change request and presented the Commission with testimony as to his reasons he is against the request. The following list of residents did not address the Commission, but wished to register their opinion against the zone change: 1. Lora Dell Ford, 305 Collett Sublett Rd, Kennedale, TX, 76060 2. Linda Miller, 411 Kevin Miller Rd, Kennedale, TX, 76060 3. Rhonda Hopkins, 730 E Kennedale Parkway, Kennedale, TX, 76060 3) Case # PZ 06-16 to Case # PZ 06-32 to receive citizen's comments regarding a request for a City initiated zone change to the properties listed below in the Beacon Hill Subdivision legal description being 35.369 Acres out of the B. Jopling Survey, Abstract 880 and out of the F. Wood Survey, Abstract 1628 in the City of Kennedale, Tarrant County, Texas. The current zoning is R-1 (Single Family Residential) and R-2 (Single Family Residential) mixed and the proposed zoning would be R-3 (Single Family Residential). The Beacon Hill Subdivision is located at the intersection of Swiney-Hiett Road and Mansfield Cardinal Road: a) PZ 06-16 being Lot 1, Block 4 of the Beacon Hill Subdivision with the address of 1022 Chandler Street currently zoned R-2. b) PZ 06-17 being Lot 2, Block 4 of the Beacon Hill Subdivision with the address of 1024 Chandler Street currently zoned R-2. c) PZ 06-18 being Lot 3, Block 4 of the Beacon Hill Subdivision with the address of 1026 Chandler Street currently zoned R-2. d) PZ 06-19 being Lot 4, Block 4 of the Beacon Hill Subdivision with the address of 1028 Chandler Street currently zoned R-2. e) PZ 06-20 being Lot 5, Block 4 of the Beacon Hill Subdivision with the address of 1030 Chandler Street currently zoned R-2. fl PZ 06-21 being Lot 6, Block 4 of the Beacon Hill Subdivision with the address of 1032 Chandler Street currently zoned R-2. g) PZ 06-22 being Lot 1, Block 5 of the Beacon Hill Subdivision with the address of 1039 Chandler Street currently zoned R-2. h) PZ 06-23 being Lot 10, Block 5 of the Beacon Hill Subdivision with the address of 1036 Chandler Street currently zoned R-2. i) PZ 06-24 being Lot 9, Block 5 of the Beacon Hill Subdivision with the address of 1040 Chandler Street currently zoned R-2. j) PZ 06-25 being Lot 8, Block 5 of the Beacon Hill Subdivision with the address of 1044 Chandler Street currently zoned R-1. k) PZ 06-26 being Lot 7, Block 5 of the Beacon Hill Subdivision with the address of 1051 Chandler Street currently zoned R-2. I) PZ 06-27 being Lot 29, Block 3 of the Beacon Hill Subdivision with the address of 1113 Jake Circle currently zoned R-2. m) PZ 06-28 being Lot 28, Block 3 of the Beacon Hill Subdivision with the address of 1035 Jake Circle currently zoned R-2. 914 n) PZ 06-29 being Lot 27, Block 3 of the Beacon Hill Subdivision with the address of 1037 Jake Circle currently zoned R-2. o) PZ 06-30 being Lot 22, Block 3 of the Beacon Hill Subdivision with the address of 1047 Jake Circle currently zoned R-2. p) PZ 06-31 being Lot 21, Block 3 of the Beacon Hill Subdivision with the address of 1049 Jake Circle currently zoned R-2. q) PZ 06-32 being the Phase II of the Beacon Hill Subdivision with the following proposed /ots and the proposed addresses being a portion of the 35.369 acres out of the B. Jopling Survey, Abstract 880 and out of the F. Wood Survey, Abstract 1628: 1. Lot 4, Block 1 of the Beacon Hill Subdivision with the address of 1107 Colbi Street currently zoned R-2. 2. Lot 5, Block 1 of the Beacon Hill Subdivision with the address of 1109 Colbi Street currently zoned R-2. 3. Lot 9, Block 2 of the Beacon Hill Subdivision with the address of 1116 Colbi Street currently zoned R-2. 4. Lot 20, Block 2 of the Beacon Hill Subdivision with the address of 1054 Cydnie Street currently zoned R-2. 5. Lot 21, Block 3 of the Beacon Hill Subdivision with the address of 1102 Cydnie Street currently zoned R-2. 6. Lot 19, Block 3 of the Beacon Hill Subdivision with the address of 1106 Cydnie Street currently zoned R-2. 7. Lot 18, Block 3 of the Beacon Hill Subdivision with the address of 1108 Cydnie Street currently zoned R-2. 8. Lot 17, Block 3 of the Beacon Hill Subdivision with the address of 1110 Cydnie Street currently zoned R-2. 9. Lot 16, Block 3 of the Beacon Hill Subdivision with the address of 1112 Cydnie Street currently zoned R-1. 10. Lot 15, Block 3 of the Beacon Hill Subdivision with the address of 1103 Cydnie Street currently zoned R-2. 11. Lot 14, Block 3 of the Beacon Hill Subdivision with the address of 1101 Cydnie Street currently zoned R-2. 12. Lot 13, Block 3 of the Beacon Hill Subdivision with the address of 1053 Cydnie Street currently zoned R-2. 13. Lot 12, Block 3 of the Beacon Hill Subdivision with the address of 1051 Cydnie Street currently zoned R-2. 14. Lot 11, Block 3 of the Beacon Hill Subdivision with the address of 1049 Cydnie Street currently zoned R-2. Mr. White addressed the Commission with the history of these cases and the reason the City has initiated this zone change. Frank Fernandez, 911 Shady Vale Drive, Kennedale, TX, 76060 addressed the Commission regarding his opinion of the construction of the detention pond for this subdivision and drainage issues, but did not register either for or against the zone change request. Chairman Miller closed the public hearing at 8:10 pm. E. REGULAR ITEMS 1) Approval of minutes: regular meeting dated December 21, 2006. Mr. Hunn made a motion to approve the minutes as presented, seconded by Mr. Robeson. 915 Motion passed without opposition. 2) Case #PZ 06-13 to consider approval of a request for re-plat of 2.872 acres with the le al description being Block 1, Lots 1 of the Enox Office Addition in the City of Kennedale, Tarrant County, Texas. The applicant, also, requests a variance from the conformance of zoning ordinance requirements of the Sub-division Regulations Section 17-213 (2) and from the minimum 50' frontage on and access to an existin property is located at 1129 Little School Rd as requested bylWilliam and Mary Enox25~ The A short discussion was held among the members of the Commission and the staff regarding the ingress and egress easements, drainage easements, and utility easements. Mr. Harvey questioned why the applicants did not attempt to purchase the 25 feet of easement that is currently being utilized on the adjacent Shytles property so that the Enox's would have the 50 feet street frontage that is required for a property instead of requesting a variance with the re- plat. Mr. Cowey in his response speculated that the applicant might not be interested in purchasing property that they currently already have use of. Mr. Harvey made a motion to deny the re-plat, seconded by Mr. Hunn. Motion passed with a vote of five (5) to one (1) with Mr. Robeson abstaining. 3) Case #PZ 06-14 to consider approval of a request for rezoning 48 acres with the legal description being Tract 2 of J M Lilly Survey, Abstract 980 and Tract 3 of the J M Lilly Survey, Abstract 985, in the City of Kennedale, Texas, Tarrant County. The address is 925 Mansfield Cardinal Road. The zoning at the present time is "AG" (Agricultural) and is proposed to rezone to "R-2" (Single Family Residential), as requested by Adlai Pennington with MKP & Associates, Inc. A motion was made after a brief discussion among the City Engineer, Mr. Saunders, and the members of the Commission regarding the drainage issues and the pending drainage study of the watershed in this part of the City. Mr. Hunn made a motion to approve this zone change request, seconded by Mr. Robeson. Motion passed with a vote of four (4) to two (2) with Mr. Harvey and Mr. Cowan objecting. 4) Case # PZ 06-15 to consider approval of a Preliminary Plat for The Vineyards Sub-Division legal description being Tract 2 of J M Lilly Survey, Abstract 980 and Tract 3 of the J M Lilly Survey, Abstract 985, in the City of Kennedale, Texas, Tarrant County. This proposed sub- division will have 90 lots and is proposed to be zoned R-2 (Single Family Residential). The property is located at 925 Mansfield Cardinal Road as requested by Adlai Pennington with MKP $ Associates, Inc. Mr. White informed the Commission that the plat that was in their packet was the original plat submitted and a revised plat was provided to each member at the start of this meeting. The revised plat is the one that they are considering for approval. A discussion ensued among the staff, Mr. Saunders, and the members of the Commission concerning the retention /detention pond that will be platted with this plat. Mr. Saunders assured the Commission that if the pond is designed correctly then the drainage issue will be controlled. Mr. Cowen wanted his opinion on record stating that he will not be a party to any more flooding within the City. The members of the Commission discussed amongst themselves 916 that as far as the preliminary plat is concerned the current drainage study is sufficient, but a more in depth drainage analysis must be performed for the final platting stage. Mr. Hunn made a motion to approve this preliminary plat with the condition that the City Council approves the R-2 zoning for this property, seconded by Mr. Long. Motion passed with a vote of five (5) to one (1) with Mr. Harvey opposing. 5) Case # PZ 06-16 to Case # PZ 06-32 to consider approval of a request for a City initiated zone change to the properties listed below in the Beacon Hill Subdivision legal description being 35.369 Acres out of the B. Jopling Survey, Abstract 880 and out of the F. Wood Survey, Abstract 1628 in the City of Kennedale, Tarrant County, Texas. The current zoning is R-1 (Single Family Residential) and R-2 (Single Family Residential) mixed and the proposed zoning would be R-3 (Single Family Residential). The Beacon Hill Subdivision is located at the intersection of Swiney-Hiett Road and Mansfield Cardinal Road: a. PZ 06-16 being Lot 1, Block 4 of the Beacon Hill Subdivision with the address of 1022 Chandler Street currently zoned R-2. b. PZ 06-17 being Lot 2, Block 4 of the Beacon Hill Subdivision with the address of 1024 Chandler Street currently zoned R-2. c. PZ 06-18 being Lot 3, Block 4 of the Beacon Hill Subdivision with the address of 1026 Chandler Street currently zoned R-2. d. PZ 06-19 being Lot 4, Block 4 of the Beacon Hill Subdivision with the address of 1028 Chandler Street currently zoned R-2. e. PZ 06-20 being Lot 5, Block 4 of the Beacon Hill Subdivision with the address of 1030 Chandler Street currently zoned R-2. f. PZ 06-21 being Lot 6, Block 4 of the Beacon Hill Subdivision with the address of 1032 Chandler Street currently zoned R-2. g. PZ 06-22 being Lot 1, Block 5 of the Beacon Hill Subdivision with the address of 1039 Chandler Street currently zoned R-2. h. PZ 06-23 being Lot 10, Block 5 of the Beacon Hill Subdivision with the address of 1036 Chandler Street currently zoned R-2. i. PZ 06-24 being Lot 9, Block 5 of the Beacon Hill Subdivision with the address of 1040 Chandler Street currently zoned R-2. j. PZ 06-25 being Lot 8, Block 5 of the Beacon Hill Subdivision with the address of 1044 Chandler Street currently zoned R-1. k. PZ 06-26 being Lot 7, Block 5 of the Beacon Hill Subdivision with the address of 1051 Chandler Street currently zoned R-2. I. PZ 06-27 being Lot 29, Block 3 of the Beacon Hill Subdivision with the address of 1113 Jake Circle currently zoned R-2. m. PZ 06-28 being Lot 28, Block 3 of the Beacon Hill Subdivision with the address of 1035 Jake Circle currently zoned R-2. n. PZ 06-29 being Lot 27, Block 3 of the Beacon Hill Subdivision with the address of 1037 Jake Circle currently zoned R-2. o. PZ 06-30 being Lot 22, Block 3 of the Beacon Hill Subdivision with the address of 1047 Jake Circle currently zoned R-2. p. PZ 06-31 being Lot 21, Block 3 of the Beacon Hill Subdivision with the address of 1049 Jake Circle currently zoned R-2. q. PZ 06-32 being the Phase II of the Beacon Hill Subdivision with the following proposed /ots and the proposed addresses being a portion of the 35.369 acres out of the B. Jopling Survey, Abstract 880 and out of the F. Wood Survey, Abstract 1628: 1. Lot 4, Block 1 of the Beacon Hill Subdivision with the address of 1107 Colbi Street currently zoned R-2. 917 2. Lot 5, Block 1 of the Beacon Hill Subdivision with the address of 1109 Colbi Street currently zoned R-2. 3. Lot 9, Block 2 of the Beacon Hill Subdivision with the address of 1116 Colbi Street currently zoned R-2. 4. Lot 20, Block 2 of the Beacon Hill Subdivision with the address of 1054 Cydnie Street currently zoned R-2. 5. Lot 21, Block 3 of the Beacon Hill Subdivision with the address of 1102 Cydnie Street currently zoned R-2. 6. Lot 19, Block 3 of the Beacon Hill Subdivision with the address of 1106 Cydnie Street currently zoned R-2. 7. Lot 18, Block 3 of the Beacon Hill Subdivision with the address of 1108 Cydnie Street currently zoned R-2. 8. Lot 17, Block 3 of the Beacon Hill Subdivision with the address of 1110 Cydnie Street currently zoned R-2. 9. Lot 16, Block 3 of the Beacon Hill Subdivision with the address of 1112 Cydnie Street currently zoned R-1. 10. Lot 15, Block 3 of the Beacon Hill Subdivision with the address of 1103 Cydnie Street currently zoned R-2. 11. Lot 14, Block 3 of the Beacon Hill Subdivision with the address of 1101 Cydnie Street currently zoned R-2. 12. Lot 13, Block 3 of the Beacon Hill Subdivision with the address of 1053 Cydnie Street currently zoned R-2. 13. Lot 12, Block 3 of the Beacon Hill Subdivision with the address of 1051 Cydnie Street currently zoned R-2. 14. Lot 11, Block 3 of the Beacon Hill Subdivision with the address of 1049 Mr. White ad Cydnie Street currently zoned R-2. dressed the Commission with a brief history of this request and then a motion was made. Mr. Hunn made a motion to approve the proposed zoning change for Case # PZ 06-16 to Case # PZ 06-32 to R-3, seconded by Mr. Harvey. Motion passed without opposition. F. STAFF REPORTS Mr. White updated the Commission on the Impact Fee Advisory Committee meetings. G. WORK SESSION 1) To discuss possible revisions to the Zoning Ordinance & Subdivision Rules 2) To discuss Detention/Retention & Storm Water Ordinances 3) To discuss Overlay District Zoning Regulations 4) To discuss Concrete Paved Drainage Channels & Creek Ordinances 5) To discuss possible revisions to the Sign Ordinance 6) To discuss Windsor Oaks Development 7) To discuss Developer's Guarantees and Maintenance Bonds The members of the Commission discussed among themselves the revisions of the Business 287 Overlay District Ordinance and the creation of a third overlay district. H. POSSIBLE ACTION ON WORKSHOP ITEMS 918 It was a consensus of the members that they would like to see in writing Mr. Miller's proposal for another overlay district, would like to see statistics on current compliance of overlay regulations, and would like to hear the City Attorney's legal opinion of the third district. I. ADJOURNMENT Mr. Hunn made a motion to adjourn the meeting, seconded by Mr. Long. Motion passed unanimously. Chairman Miller adjourned the meeting at 9:27 pm. erry Mille ,Chairman Plannin Zoning Commission ATTE L a vurr~~ vuv~v~.w anning & Zoning Secretary