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2006_08.17 PZ Minutes892 MINUTES ' PLANNING & ZONING COMMISSION AUGUST 17, 2006 KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR. COUNCIL CHAMBERS REGULAR MEETING - 7:00 PM Chairman Miller called the meeting to order at 7:02 pm. Members present: David Hunn, Billy Simpson, Lori Bryan, Ray Cowen, Ernest Harvey, Jerry Miller, and Erin Barnett. Members absent: Harvey Long and Charles Robeson Staff present: Mark White, Director of Community Development; James E. Cowey, Building Official; Larry Hoover, Code Enforcement; and Lisa Cabrera, P&Z Secretary. 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 06-04 to receive citizen's comments regarding a request for rezoning of 1.1 acres with the legal description being Block 9, Lots 1A, 1C2, 1C1, 2, $ 3 of the Oak Crest Addition in the City of Kennedale, Tarrant County, Texas. The property is located at 6705 Lindale. The zoning at the present time is "C-1" (Restricted Commercial) and is proposed to rezone to "C-2" (General Commercial), as requested by Charles Tenney. Eric English, 2100 Roosevelt, Arlington, TX addressed the Commission in favor of the zone change. He represented the applicant and the property owners. Jerry Bacon, 6712 Lindale Rd, Kennedale, TX addressed the Commission neither in favor nor against the zone change, he just wanted to convey a message to the Commission to keep the neighboring residents in mind when considering the request. Frank Fernandez, 911 Shady Vale, Kennedale, TX addressed the Commission against the zone change. 893 No one else wished to speak. Chairman Miller closed this public hearing at 7:13 pm. 2) Case #PZ 06-05 to receive citizen's comments regarding a request for rezoning of 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 100 Little School 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, 4110 Surfside Ct, Arlington, TX addressed the Commission in favor of the zone change request and presented the Commission his ideas of asub-division that he would like to develop on this property. John Harper, 3401 W Hwy 22, Corsicana, TX addressed the Commission in favor of the zone change request. Roy Boenig, 1020 Kennedale Sublett Rd, Kennedale, TX addressed the Commission neither for nor against the zone change. He had concerns about drainage and retention ponds. Linda Miller, 411 Kevin Miller Rd, Kennedale, TX addressed the Commission in favor of the zone change, but had concerns about drainage and water problems also. Frank Fernandez, 911 Shady Vale, Kennedale, TX addressed the Commission neither in favor or against the zone change; he wanted to convey his opinion to the Commission to remain consistent with their decisions. No one else wished to speak. Chairman Miller closed this public hearing at 8:15 pm. 3) To receive citizen's comment regarding an ordinance amending article V of Chapter 17 of the Kennedale City Code, The Subdivision Ordinance, to provide for adequate facilities and minimum standards for public facilities and for the timing of dedication and constriction of public facilities; establishing requirements relating to rough proportionality determinations for all plat and development applications which impose exaction requirements; providing for definitions; providing for procedures; establishing procedures for appeal thereof; establishing requirements relating to completeness determinations for plat and development applications; clarifying the official filing date for applications; providing that the provisions of this ordinance shall apply to applications for approval and plans of development. Mark White addressed the Commission with information about the proposed ordinance. No one else wished to speak. Chairman Miller closed this public hearing at 8:23 pm 4) To receive citizen's comments regarding an ordinance amending Section 17-243 of the Kennedale City Code to require a property owner to construct sidewalks when application is made for a building permit for property that does not have sidewalks. 894 No one wished to speak. Chairman Miller closed this public hearing at 8:23 pm. Chairman Miller adjourned with a break at 8:25 pm and reopened the meeting at 8:35 pm. E. REGULAR ITEMS 1) Approval of minutes: regular meeting dated June 15, 2005, regular meeting dated July 20, 2006 and the Capital Improvements Advisory Committee Meeting dated June15, 2006. Mr. Hunn made a motion to approve the minutes as presented, seconded by Mr. Harvey. Motion passed without opposition. 2) Case #PZ 06-04 to consider approval of a request for rezoning of 1.1 acres with the legal description being Block 9, Lots 1A, 1C2, 1C1, 2, & 3 of the Oak Crest Addition in the City of Kennedale, Tarrant County, Texas. The property is located at 6705 Lindale. The zoning at the present time is "C-1" (Restricted Commercial) and is proposed to rezone to "C-2" (General Commercial), as requested by Charles Tenney. After a brief discussion among the Commission a motion was made. Mr. Hunn made a motion to deny this zone change, seconded by Mr. Cowen. Motion passed unanimously. 3) Case #PZ 06-05 to consider approval of a request for rezoning of 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 100 Little School 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 lengthy discussion was held among the Commission and staff and then a motion was made. Mr. Barnett made a motion to approve the zone change, seconded by Mr. Hunn. Motion passed with a vote of six (6) to one (1), with Mr. Cowen opposing. 4) Case # PZ 06-06 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 91 lots. The property is located at 100 Little School Road as requested by Adlai Pennington with MKP & Associates, Inc. A motion was made after a discussion among the Commission members, Staff, and the Applicant. 895 Mr. Barnett made a motion to approve the prelimina being the plat is only valid should the City Council ultimatelc anditionally. That condition request. Mr. Simpson seconded this motion. y pproved the zone change Motion passed without opposition. 5) To consider approval of an ordinance amending article V of Chapter 17 of the Kennedale City Code, The Subdivision Ordinance, to provide for adequate facilities and minimum standards for public facilities and for the timing of dedication and constriction of public facilities; establishing requirements relating to rough proportionality determinations for all plat and development applications which impose exaction requirements; providing for definitions; providing for procedures; establishin establishing requirements relating to completeness r determ nat ons p oealplate and development applications; clarifying the official filing date for applications; providing that the provisions of this ordinance shall apply to applications for approval and plans of development. A discussion was held among the staff and the Commission and then a motion was made. Mr. Hunn made a motion to approve the ordinance as written, seconded by Mr. Cowen. Motion passed unanimously, 6) To consider approval of an ordinance amending Section 17-243 of the Kennedale City Code to require a property owner to construct sidewalks when application is made for a building permit for property that does not have sidewalks. An extensive discussion was held among the members of the Commission and the Staff and then a motion was made. Mr. Hunn made a motion to reject the ordinance and send it back to the lawyers for a little more fine tuning, seconded by Mr. Cowen. Motion passed with a six (6) to one (1) vote with Mr. Barnett abstaining. More discussion ensued and it was the consensus of this Commission to re-visit this ordinance in work session. F. STAFF REPORTS Mr. White addressed the Commission with updates on Brookstone Phase II, Beacon Hill Phase II, Falcon Wood Phase II, Final Plat of Windsor Oaks, and Oak Hill Park Phase II. G. WORK SESSION 1) To discuss possible revisions to the Zoning Ordinance 2) To discuss Sub-division Rules 3) To discuss required Yard Setbacks for Residential Zoning Categories 4) To discuss Overlay District Zoning Regulations 5) To discuss Conservation District 6) To discuss Planning & Zoning Agenda and Meeting Format 7) To discuss Concrete Paved Drainage Channels 896 8) To discuss possible revisions to the Sign Ordinance 9) To discuss possibly adopting a Creek Ordinance No discussion was held during the work session portion of the meeting. H. ADJOURNMENT Mr. Simpson made a motion to adjourn the meeting with a second by Mr. Cowen. Motion passed with no opposition. Chairman Miller adjourned the meeting at 9:45 pm. erry Mil ,Chairman ~ Planni & Zoning Commission ing & Zoning Secretary