2008_03.20 PZ Minutes960
MINUTES
PLANNING & ZONING COMMISSION
~, MARCH 20, 2008
KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR.
COUNCIL CHAMBERS
REGULAR MEETING - 7:00 PM
Chairman Hunn called the meeting to order at 7:01 pm.
Members present: Billy Simpson, David Hunn, Kelly Turner, Charles Robeson, Frank Fernandez, Lori
Bryan, and Ernest Harvey
Members absent: Charles Overstreet and Ray Cowan
Staff present: Larry Hoover, Community Development Specialist; James Cowey, Building Official;
Bob Hart, City Manager; Ed Barry, City Consultant; Larry Ledbetter, Water Superintendent; and
Crystal Tort, P&Z Secretary.
Frank Fernandez and Kelly Turner were moved to regular voting members for the purpose of this
meeting.
A. VISITORS/CITIZENS FORUM
No one wished to speak.
Chairman Hunn moved Item C before Item B.
C. CONDUCT A PUBLIC HEARING AND CONSIDER PLANNING AND ZONING COMMISSION
CASE # 08-03
P2 08-03 to receive citizen's comments regarding a request for re-plat of two lots into one with the
legal descriptions of the two lots being Phase One, Lot 16, Block 7 and Phase Two, Lot 15, Block
7 of the Falcon Wood Estates Addition in the City of Kennedale, Tarrant County, Texas. These
lots are addressed as 1159 and 1161 Falcon View Drive. The proposed lot will be 1.042 acres in
size with the legal description of Lot 15R, Block 7 and addressed as 1161 Falcon View Drive as
requested by John E. and Margaret C. Watt.
1) STAFF PRESENTATION OF CASE
Larry Hoover explained the case and informed the Commission that it meets the requirements
of the City Code of Ordinances and recommends the Board's approval.
2) APPLICANT PRESENTATION OF CASE
John E. Watt, 1161 Falcon View Drive, Kennedale, TX, addressed the Board in favor of the re-
plat. Mr. Watt explained to the Commission that in order to create a pavilion on his second lot
it would require a re-plat.
3) PUBLIC COMMENTS
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No Public Comments were made.
4) APPLICANT RESPONSE
5) STAFF RESPONSE AND SUMMARY OF CASE
Larry Hoover requests approval of the re-plat in order to allow better use of Mr. Watt's
property.
Mr. Hunn closed the Public Hearing at 7:08 PM.
6) ACTION ON CASE
Motion made by Mr. Turner to approve the re-plat as presented, seconded by Mr. Robeson.
Motion passes unanimously.
B. CONDUCT A PUBLIC HEARING AND CONSIDER PLANNING AND ZONING COMMISSION
CASE # 08-01 8~ 08-02
PZ 08-01: A request for a zone change of 23.84 acres with the legal description being Block Lot
3A of the AC Bolen Addition, A1376, Tract 13A06, David Strickland Survey, A1376, Tract 13A09,
David Strickland Survey, Block 2 Lots 1A thru 4A, 5A2 of the Swiney Estates, and Block 2 Lots
161 thru 5B1 of the Swiney Estates in the City of Kennedale, Tarrant County, Texas. The current
zoning is "AG" (Agricultural) and "R1" (Single Family Residential). The proposed zoning is "PD"
(Planned Development) as requested by Monty Carpenter on behalf of Volunteers of America.
PZ 08-02: A preliminary plat of 23.84 acres with the legal description being Block Lot 3A of the AC
Bolen Addition, A1376, Tract 13A06, David Strickland Survey, A1376, Tract 13A09, David
Strickland Survey, Block 2 Lots 1A thru 4A, 5A2 of the Swiney Estates, and Block 2 Lots 161 thru
5B1 of the Swiney Estates in the City of Kennedale, Tarrant County, Texas. This request is by
Monty Carpenter on behalf of Volunteers of America.
Mr. Hunn re-opened Public Hearing at 7:10
1) STAFF PRESENTATION OF CASE
Larry Hoover presented the zone change case to the Board, which consisted of a Planned
Development that would follow C-1 Construction Standards.
Bob Hart described the use of the property and explained how a PD would be the best zoning
for this mixed use of business.
2) APPLICANT PRESENTATION OF CASE
Mike King, 1424 Hemphill Street, Fort Worth, TX 76104, CEO of Volunteers of America,
addressed the Board in favor of the proposed zone change from "AG" (Agricultural) and "R-1"
(Single Family Residential) to a PD (Planned Development). Mr. King gave a detailed overview
of who Volunteers of America are and a discussion ensued among the Board and the
applicant.
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Monty Carpenter, 1424 Hemphill Street, Fort Worth, TX 76104, Vice-President of Volunteers of
America, addressed the Board in favor of the proposed zone change from "AG" (Agricultural)
and "R-1" (Single Family Residential) to a PD (P-anned Development). Mr. Carpenter
presented a PowerPoint with details of the Site Plan being proposed.
Marty Rader, 310 Creekside Drive, Keller, TX 76248, did not address the Board, but registered
in favor of the proposed zone change from "AG" (Agricultural) and "R-1" (Single Family
Residential) to a PD (Planned Development).
3) PUBLIC COMMENTS
Raymond Swiney, PO BOX 153, Kennedale, TX, addressed the Board neither in favor nor
against the proposed zone change. Mr. Swiney questioned the applicant as to whether they
had all needed utilities and was concerned about the possibility of kids getting hurt or kids
endangering his cattle. Mr. Swiney requested a six (6) or eight (8) foot fence to be put up
between the properties.
Carol Morris, 729 Aviator Drive, Fort Worth, TX 76179, addressed the Board neither in favor
nor against the proposed zone change, but was concerned if the proposed zone change would
affect the zoning of her property. Ms. Morris also expressed to the Board the need for fencing
on the north, in order to protect the billboard signs on her property.
Patrick Vader, 801 Pennsylvania Ave, Kennedale, TX, addressed the Board against the
proposed zone change. Mr. Vader requested the Board to consider the future land use of the
City of Kennedale and expressed that a PD would leave a lot of room for conjecture. He also
explained that this use would not generate property taxes and the City has worked hard to
isolate and identify this land as good quality tax generating property.
No one else wished to speak.
4) APPLICANT RESPONSE
5) STAFF RESPONSE AND SUMMARY OF CASE
Larry Hoover explained the cost participation for the sewer line and the Developers
agreement. Mr. Hoover informed the Board to add the fencing requirements to the PD, along
with the C-1 Building Regulations.
Mr. Hunn closed the Public Hearing at 8:09.
6) ACTION ON CASE
After an elaborate discussion between the Commission and the Staff a motion was made.
Mr. Robeson made a motion to approve the Planned Development (PD), with the following six
(6) stipulations, seconded by Mr. Turner. Those stipulations being:
• Combining land uses appropriate for a PD for use by VOA only
• Site plan submittal and approval by City Staff
• Must follow C-1 Zoning Development Standards
• Fencing to the North
• Fencing with a gate to the South
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C. STAFF REPORTS
1) Staff Update on City Projects
James Cowey gave a progress report on the TownCenter and Rolling Acres Project and revealed
the name for Rolling Acres, which is now Rodgers Farm Park.
2) Update of P8~Z Action Items
Crystal Tort gave an update on the March 13, 2008 Council Meeting in which an amendment to
Chapter 11, Article V, Amusement Halls by adopting regulations for amusement machine
establishments was granted with a five (5) to zero (0) vote.
3) Governance Guidance Updates
A reminder was made to attend a Board Appreciation Dinner on March 27, 2008 at 6:30 PM at Life
Fellowship Church.
D. WORK SESSION
1) Discussion of a job description for Planning and Zoning Commission Members
Bob Hart presented a job description for Planning and Zoning Members to be used as
advertisement, when a vacancy arises.
Mr. Hunn requested the job description to reference the City Code.
2) Landscape Regulations and Overlay District Zoning
Item 2 was not discussed at this meeting.
G. WORK SESSION ITEM FOR FUTURE CONSIDERATION
1) Sign Ordinance
2) Guarantees and Maintenance Bonds
3) Storm Water Ordinances
4) Creek Ordinances
Items 1-4 were not discussed at this meeting.
Mr. Hunn closed the work session at 10:14 pm.
E. POSSIBLE ACTION ON WORKSHOP ITEMS
No action was taken on the workshop items.
F. ADJOURNMENT
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• If construction is not initiated within 2 years, the use would revert back to its original
zoning
Motion for Case PZ 08-01 passed with a vote of four (4) to three (3).
1) STAFF PRESENTATION OF CASE
Larry Hoover presented the case and informed the Commission that it meets the requirements
of the City Code of Ordinances.
2) APPLICANT PRESENTATION OF CASE
3) PUBLIC COMMENTS
No Public Comments were made.
4) APPLICANT RESPONSE
5) STAFF RESPONSE AND SUMMARY OF CASE
6) ACTION ON CASE
Mr. Turner made a motion to approve the preliminary plat, seconded by Mr. Simpson.
Motion passes with a vote of four (4) to three (3).
r..r D. REGULAR ITEMS
1) Approval of minutes: Regular meetings dated February 21, 2008.
Mr. Harvey made a motion to accept the minutes with changes, seconded by Mr. Simpson.
Motion passed unanimously.
2) Consider authorizing Staff to publish a proposed Ordinance relative to a modified zoning
provision.
Mr. Harvey made a motion to authorize Staff to publish a modified zoning provision as presented,
seconded by Mr. Fernandez.
Motion passed without opposition.
3) Consider authorizing Staff to publish a proposed Ordinance relative to a C-0, Retail
Commercial District.
A detailed discussion ensued between Staff and the Commission on what would be classified as
C-0, Retail Commercial District.
Mr. Robeson made a motion to accept the C-0 Zoning Classification with changes, seconded by
Ms. Bryan.
~' Motioned passed unanimously.
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Ms. Bryan made a motion to adjourn this meeting, seconded by Mr. Turner.
Motion passed without opposition.
Chairman Hunn adjourned the meeting at 10:15 pm. ~--.
ATTEST:
avid Hunn, C it an
Planning & Zoni Commission
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Cryst Michelle Tort
Planning & Zoning Secretary