04.15.2010 PZ PacketAGENDA
PLANNING & ZONING COMMISSION
APRIL 15, 2010
KENNEDALE MUNICIPAL BUILDING — 405 MUNICIPAL DR.
COUNCIL CHAMBERS
WORK SESSION - 6:00 PM
REGULAR MEETING — 7:00 P.M.
CALL TO ORDER
ROLL CALL
I. WORK SESSION, 6:00
A. Proposed Amendments to the City of Kennedale Oil & Gas Ordinance
B. Form -based Codes
C. Guarantees and Maintenance Bonds for Subdivisions
D. List of Items for Future Consideration
a. Storm Water Ordinances and Creek Ordinances
b. Incompatible Zoning Districts /Properties
c. Green /Environmental Regulations
d. Overlay Zoning District
e. Salvage Yard Ordinance
f. Comprehensive Land Use Plan
g. Sandwich Boards: Sign ordinance review
REGULAR MEETING, 7:00 P.M.
II. VISITORS /CITIZENS FORUM
At this time, any person with business before the Planning and Zoning Commission not scheduled on the
Agenda may speak to the Commission, provided that a "Speaker's Request Form" has been completed
and submitted to the Planning and Zoning Commission Secretary prior to the start of the meeting. All
comments must be directed towards the Chair, rather than individual P & Z members or staff. All
speakers must limit their comments to the subject matter as listed on the "Speaker's Request Form." No
formal action can be taken on these items.
III. MINUTES
Approval of minutes from the March 18, 2010 Planning & Zoning Commission meeting
IV. STAFF REPORTS
1) Update on City Projects
V. ADJOURNMENT
Page 1 of 1
NOTICE OF
KENNEDALE PLANNING • NING COMMISSION
KENNEDALE, TEXAS
Notice is hereby given that a Work Session, Regular Meeting, and Public
Hearing will be held by the Planning & Zoning Commission of the City of
Kennedale, Texas at 6:00 p.m., on the 15 day of April 2010, at 405 Municipal
Drive, (Kennedale Municipal Building) Kennedale, Texas, at which time the
following subjects will be discussed to wit:
AGENDA
(SEE ATTACHED AGENDA)
Dated this the 9 day of April 2010.
By: David Hunn, Chairman
I, the undersigned authority, do hereby certify that the above Notice of
Meeting for the Planning & Zoning Commission of the City of Kennedale, Texas
is a true and correct copy of said Notice and that I posted a true and correct copy
of said Notice on the bulletin board of City Hall of said City in Kennedale, Texas,
a place convenient and readily accessible to the general public at all times, and
said Notice was posted on April 9, 2010 by 5:00 o'clock P.M. and remained so
posted continuously for at least 72 hours preceding the scheduled time of said
Meeting.
Persons with disabilities who plan to attend this meeting and who may
need auxiliary aids or services such as interpreters for persons who are deaf or
hearing impaired, readers, large print, are requested to contact the undersigned
at (817) 985 -2135 five (5) work days prior to the meeting so that appropriate
arrangements can be made.
Dated this the 9 day of April 2010.
By: Rachel Roberts
Rachel Roberts
Planner
N
POSSIBLE Q OF • •
BOARD/C•` BOARD/COM MISSIO
UWVMNM • e
Notice is hereby given that a City Council Work Session is scheduled for 5:30
P.M., and Regular Session is scheduled at 7:00 P.M. on Thursday, the 13 day of May
2010, in the Council Chambers located at City Hall, 405 Municipal Dr., Kennedale,
Texas. A quorum of the Planning and Zoning Commission may or may not be present at
any particular time. This is not a regularly scheduled meeting of the Planning and
Zoning Commission, but this notice is being posted in the event a quorum is present.
The Planning and Zoning Commission can take no action at this Council Meeting.
(REFER TO CITY COUNCIL MAY 13 2010 AGENDA POSTING)
Dated this 10 day of May 2010.
By: David Hunn, Chairman
I, the undersigned authority, do hereby certify that the above Notice of Possible
Quorum for the Kennedale Planning and Zoning Commission of the City of Kennedale,
Texas is a true and correct copy of said Notice and that I posted a true and correct copy of
said Notice on the bulletin board of City Hall of said City in Kennedale, Texas, a place
convenient and readily accessible to the general public at all times, and said Notice was
posted on May 10, 2010 by 5:00 P.M., and remained so posted continuously preceding
the scheduled time of said Meeting.
Persons with disabilities who plan to attend this meeting and who may need
auxiliary aids or services such as interpreters for persons who are deaf or hearing
impaired, readers, large print, are requested to contact the undersigned at (817) 985.2135
five (5) workdays prior to the meeting so that appropriate arrangements can be made.
Dated this the 10 day of May 2010.
By: Rachel Roberts
Rachel Roberts
Planner and Board Secretary
Date: ( April 8, 2010
Work Session Agenda Item No: I -A
Subject: Proposed Amendments to the City of Kennedale Oil & Gas
Ordinance
Originated by: Rachel Roberts, Planner
Several members of the Board of Adjustment have asked the Planning & Zoning
Commission to add an air sampling requirement to the oil and gas ordinance. I am
researching sampling requirements in other cities, and I've spoken with a representative from
the Texas Commission on Environmental Quality and a civil engineer who does drilling -
related air sampling. I will have more information and recommendations available at the
meeting.
In addition, staff is researching amending (raising) the permit fees for drilling. We
have been spending an increasing amount of time dealing with drilling - related matters, and
increased fees could help offset these costs. For example, we would like the police
department to monitor truck traffic from gas sites, and this may require paying overtime to
police officers. Increased permitting fees may cover this cost, and it may also allow the city
to buy air sampling equipment. I will check with the city manager about whether raising the
permit fees is feasible and if gas drilling funds may be used to cover expenditures such as
police officer overtime and will have an answer for you at the meeting.
Finally, we recommend amending the section on fencing and screening to refer to the
other city codes on fencing and screening. This gives the city a bit of flexibility to allow
different screening based on conditions specific to each site.
Page 1 of 1
Date: April 3, 2010
Work Session Agenda Item No: I -B
Subject: form -based codes
Originated by: Rachel Roberts, Planner
Summary:
The Commission did not have time to discuss this item during its March meeting. For
your reference, the staff report from the March meeting has been included in your packet for
this month.
Also, the books we ordered relating to form -based codes have arrived, so if any of
you would be willing to read one of the books and write a report for the rest of the
Commission, please let me know, and I will have the book for you at the meeting.
Site selection.
The Commission members are considering which properties would be the best
candidates for exploring the use of a Form -Based Code. There were several sites discussed
by the Commission during its February meeting, and staff recommends the Commission
begins with one or several of the following locations (maps included with your packet): (1)
Old Town; (2) the proposed /potential rail stop location; (3) the commercial and residential
area across from Old Town; and /or (4) the long and narrow parcels along the north part of
Little School Road.
Staff recommends that at this time, properties in Oak Crest not be considered, for
several reasons. First, the properties along Village Creek have been identified in the city's
strategic plan as the location of a future trail system, and establishing residential uses along
the creek would conflict with that plan. Second, as the Commission discussed during its
February meeting, these properties are within the floodplain and, in some cases, the
floodway. Engineering analyses may determine that these properties are elevated enough
Page 1 of 3
for residential or commercial use, but until those studies are done, we should not recommend
these sites for any use involving habitable structures. And finally, a student group from UTA
is drafting a redevelopment work plan for Oak Crest, and we would recommend waiting until
we have the student recommendations before putting a lot of effort into developing an FBC
for these sites.
Form regulation.
We recommend the Commission consider varying the depth of the FBC based on its
proposed use or intent and location. With that said, even for garden home locations, the
standards should be detailed enough to establish a definite form while still leaving some
flexibility for variation and individual developer /user choice. For example, after receiving
appropriate levels of public input, the Commission may recommend a code that establishes
general architectural standards —such as that the front of the house must have windows of a
certain quality or that blend in with a particular style —but that does not specify what kind of
window must be used. Details could be settled between the developer /builder and the design
review committee.
Process.
Once the Commission has selected locations, drafted an outline of the kind(s) of
forms that may be appropriate for those locations, and secured council encouragement to
keep going, staff will work with Bob Hart to request assistance from UTA in establishing an
FBC and to begin the FBC code development process, including collecting public input.
Developing an FBC for more than one or two locations would be beyond the scope of one
class project, but the city could request continued support from UTA over several semesters
until the project is completed.
A good description of the FBC development and implementation process comes from
Bill Spikowski of Spikowski Planning Associates ( "Preparing a Form Based Code," 2007).
The basic steps are listed below; Mr. Spikowski's slideshow presentation is available online
at http: / /www.formbasedcodes.org /courses /101 022107/Tab8 Preparing Spikowski.pdf
Also included with your packet is an article by the Local Government Commission on the FBC
development process.
1. Study the Place: understand the positive and negative lessons.
■ Analyze ALL existing conditions.
® Review existing plans and study the community, as well as nearby examples and
historic precedents.
Page 2 of 3
2. Record the Public Will.
® (public partici patio n/charette/vis ion i ng)
3. Develop the Vision (mapping). Illustrative Master Plan (a /k/a "The Vision ")
■ Public Space Character ideas: Main - Street, Neighborhood residential streets, Parks,
and Squares.
4. Codify the Vision.
• Regulating Plan
• Building Form Standards (by Frontage /Building Type /or Street technique = rules for
private structures)
• Public Space Specifications /Designs (Street Specs, Square /Green Specs)
• Architectural (materials & configurations, Dress Code)
Public Input.
Public input will be important to the success of a form -based code. During the
strategic planning process, the input we received provided the encouragement to develop
zoning approaches that will allow for other types of residential development than what is
currently available or allowed in Kennedale. However, we have not asked the public to help
us shape what form the development should take. We will need public input as the basis for
the vision. The vision may need to vary by location. Ideally, we would gather input long
before the final design stages.
Page 3 of 3
To the Members of the Planning and Zoning Commission
Date:
April 14, 2010
Work Session Agenda Item No: I_B
Subject: I form -based codes
Originated by: I Rachel Roberts, Planner
Summary:
Following this page are excerpts from the FBC for Owensboro, KY. The FBC for
Owensboro divides the downtown into character districts. One of the districts is a historic
core, and the excerpt provided here pertains to the historic core. This is not an example that
Kennedale would follow closely, as our historic district (proposed Old Town historic district) is
not like usual downtown historic areas. However, this does give an example of how historic
preservation or design guidelines can be incorporated into an FBC.
Page 1 of 1
OWEP°dSBORO AR Ticu 21
METROPOLITAN DOWNT + RLAY DMRICT
ZONING 21-9
ORDINANCE
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OWENSBORO
METROPOLITAN
ZONING
ORDINANCE
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Legend
- - - Property Line Build- to2one
- - -- Build -to Line Building Area
(i) Build -to Line /Zone (BTL /Z)
(Distance from property line to edge of the zone)
Front (Type "A" Street / Civic
0'
Space) (see #15)
Front (Type `B" Street) (see
0'— 6'
#15)
(see #1)
(ii) Setback
Front (Type "A" Street / Civic
0' (min. and max)
Space) see #15)
Front (Type `B" Street) (see #15)
0' (min.)
6' (max.)
Side
0' min.;
(see #2)
Rear
5' min.
(iii) Building Form
Building Frontage required along
95% (min.)
"Type A'.' street/civic space BTZ
(see #3)
Building Frontage required along
70% (min.)
"Type B" street BTZ
(see #3)
HISTORIC CORE
Type "A Street / Civic Space
OWENSBORO AMCLE21
METROPOLITAN O �' � I
ZONING
ORDINANCE 21-17
cev+ain
Type W Street 1 Civic Space
Legend
-••- • -••• Properly Line Y / ✓ //� Parking Area
AVAbove Grade Building Footprint
Parking Area
(i) Location (distance from pr ope r ty line)
At & Above Grade Parking
Front setback (Type Shall be located behind
"A" Street) the principal building
Side setback 0' min.
Type `B" Street Min. of 3' behind the
setback building facade along
that street
Rear setback 0' min.
Below Grade Parking
Allowed up to R- O- W/Property Line
Allo bel Civic Space if providing public park
(ii)Required Parking Spaces
No required parking for all uses
Notes
#1 - Area between the building and the edge of the BTZ at the public sidewalk
shall be paved to be flush with the sidewalk.
#2 - Side setbacks shall be based on minimum fire separation required between
buildings, ifapplicable.
#3 - Comer building street facades must be built to the BTZ for a minimum of
25' from the comer along both streets or the width of the corner lot, whichever is
less. Recessed entrances are permitted as long as the upper floors meet the build -
to zone or build -to line standards.
#4 - First floor heights shall not apply to parking structures.
#5 - Attics and mezzanines less than 7' (avg.) height shall not be counted as a
story.
#6 - Comer buildings may exceed the maximum building height by 15% for 20%
of the building's frontage along each corresponding street facade.
F
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n,a ., .,t�t vriavpo�c
Legend
_.._.._... Property line
Encroachment Area
(i) Location .
Type "A" Street / 50% of the depth of
Civic Space (Front) the sidewalk or 6'
(whichever is greater)
Type "B" street 6' max
(Side)
Rear 3' max.
e a
Building Form and Development Standards in this section shall apply to new
construction, additions, or substantial modifications.
Notes
#7 - All buildings in the Historic Core shall meet the Historic Preservation
Standards & Guidelines in Section 21.8(h).
#8 - Any frontage along a public street (except alleys) not defined by a building
at the BTZ shall be defined by a 4' high Street Screen.
#9 - Parking driveway width 24' max. (at the throat)
#10 - Driveways shall not be located on a Type "A" Street
unless the property has no feasible access to either a Type `B"
Street or a vehicular alley.
#11 Shared driveways and cross access easements are encouraged between lots
to minimize curb cuts.
#12 - Article 13.1 of the Owensboro Metropolitan Zoning Ordinance shall apply
for design of off - street parking areas.
#13 - Canopies, awnings, signs, galleries, and balconies may encroach over the
BTZ and setback areas as indicated in the shaded areas as long as the vertical
clearance is a minimum of 8' from the finished sidewalk elevation. In no case
shall an encroachment be located over an on- street parking or travel lane. All
encroachments over the public R -O -W shall meet standards in Article 21.142(m).
#14 - Ground and roof mounted mechanical equipment shall be screened from
direct ground level view from adjoining public rights -of -way. In addition to a
parapet wall no higher than 42 ", the perimeter of any visible roof mounted
mechanical equipment shall be circumscribed by a wall or permanent screen that
is at least as tall as the eauipment itself.
#15 - Setbacks and build -to lines on recessed entries and arcade buildings shall
be measured from the front of facade with the recessed entry or arcade.
#16 - Off -street loading and unloading shall be located along Type `B" Streets or
alleys only unless the property has no feasible access to either a Type `B" Street
or vehicular allev.
HISTORIC CORE
OWENSBORO ARTTcLE21
METROPOLITAN II)OWNTOW-NOVERLAYDISTMCT
ZONING 21-18
ORDINANCE
The following activities (regardless of whether they require building
permits) shall require a Certificate of Appropriateness:
i. Additions to existing historic structures; or new buildings or
outbuildings on sites containing historic structures.
ii. Removal and replacement of any architectural detailing.
iii. Construction of roof top additions or decks.
iv. Alteration of accessory structures such as garages.
v. Installation of exterior access stairs.
vi. Window or door replacement with or without alteration of the
openings.
vii. Installation of antennas and satellite receiving dishes that are visible
from adjoining public rights -of -way (except alleys).
viii.Masonry work; including without exception, spall repair, pointing,
sandblasting, chemical cleaning; or surface refinishing.
ix. Installation or alteration of any new exterior sign, or alteration of any
sign contributing to the significance of a structure.
x. Site features other than vegetation, including without exception
fencing, lighting and lighting fixtures, paving and grading.
The following activities shall not require a Certificate of Appropriateness:
a. Work which consists solely of ordinary maintenance;
b. Emergency repairs of a temporary nature to remedy problems
determined by an outside agency that threaten life, health or safety;
or,
c. Alteration of interior space and finishes of a historic building
(Secretary of the Interior Standards may still apply for interior
renovations).
(ii) Demolitions
Demolitions of existing building within the Historic Core Overlay
District shall only be permitted after review and approval by the
Owensboro Historic Preservation Board after a duly advertised Public
Hearing. All applications for demolitions shall be reviewed by the
Downtown Design Administrator and recommendations shall be
forwarded to the HPB.
If an application for demolition is denied, it may be appealed to the
Circuit Court of Daviess County. All appeals shall be taken in the Circuit
Court within thirty (30) days after the action or decisions of the Historic
Preservation Board and all decisions which have not been appealed
within thirty (30) days shall become final. After the appeal is taken, the
procedure shall be governed by the rules of civil procedure. When an
appeal has been filed, the Clerk of the Circuit Court shall issue a
summons to all parties and shall cause it to be delivered for service as in
any other law action.
A building permit to demolish a building that has been approved for
demolition by the HPB may only be granted after the approval of a
building permit for new construction on the same property as the
building to be demolished, unless the building has been deemed as a
public hazard or attractive nuisance.
In reviewing and considering applications for building demolitions, the
Downtown Design Administrator and the HPB shall consider the
following:
a. The public's interest in the preservation of the cultural resource.
b. Whether the building is locally or Nationally designated as a
landmark.
c. The age of the cultural resource, its uniqueness or uncommon design,
texture, and/or material and its ability to be reproduced without
unreasonable difficulty and/or expense.
d. The ability of the cultural resource to help preserve and protect a
historic place or prehistoric site or area of historic interest in the City.
e. The ability of the cultural resource to promote the general welfare of
the City by:
1) Encouraging the study of American History, architecture and
design;
2) Developing an understanding of the importance and value of the
American culture and heritage; and
3) Making the City a more attractive and desirable place in which to
live.
f Whether the building is being demolished for new construction on
the same site which is more economically feasible than restoring the
existing structure.
An application for demolition may only be approved by the HPB if
a. A building or part of a building is structurally unstable or in a stage
of advanced deterioration and has been deemed by the City as a
hazard to public safety or an attractive nuisance; or
b. A building or part of a building is structurally unstable or in a stage
of advanced deterioration and a technical report has been prepared by
an architect or professional engineer experienced in rehabilitation of
historic structures detailing the building's structural soundness and
suitability for rehabilitation including the nature and extent of the
specific problems and reasonable cost estimates to rectify them. In
addition the following shall be required:
• A financial report is submitted with the application detailing the
costs of rehabilitation, and evidencing that , the existing
improvement is incapable of reasonable use or producing an
economic return, and
• Demolition application is submitted with complete plans for the
new development proposed on the site, together with a timetable
and a budget for both the demolition and the reconstruction, as
well as satisfactory evidence that adequate financing is available.
(iii) Renovation of Existing Buildings
The following standards shall apply in reviewing and approving
applications for Certificates of Appropriateness for renovation of
existing buildings within the Historic Core Overlay District.
Photographs used in this section are for illustration purposes only.
Specifically, they are intended to show how the standards would apply
when buildings are renovated and do not impose any requirements on
existing buildings.
HISTORIC CORE
OWENSBORO AMCL 21
METROPOLITAN �YYI�]TO T �' �
ZONING
ORDINANCE 21-19
Fagade.
b. Horizontal Alignment.
Reinforce the
established horizontal
lines of facades on the
block. Restore or
recreate the historic
horizontal alignment of
architectural features
such as cornices,
window sills and
of the fagade of
c. Storefronts. Storefront buildings should maintain the original size,
shape, and design of the storefront opening. Large ground floor
windows shall be maintained and darkly tinted or mirrored glass is
not permitted. Doors shall use painted frames and unfinished
aluminum or stainless steel frames are not permitted. Window and
door frames may be metal with anodized or painted finish or
varnished or painted wood. Residential type of opaque and paneled
doors shall not be permitted.
d. Recessed Entrances. Maintain traditional recessed storefront
entrances where they exist.
e. Storefront Mckplates. Maintain and/or restore kickplate below
storefront windows. Appropriate kickplate materials include
painted wood, glazed tile, or painted metal in muted tones.
Fagade Elements. Preserve primary fagade elements and building
materials. If the original fagade has been concealed, it shall be
uncovered. If portions of the original building material must be
replaced, duplicate the material used or use a similar material to the
original. Use of "barn" wood or other boarded surfaces which are
inconsistent with the original building design shall not be permitted.
Materials that are similar in texture, pattern, and color to thoese of
the dominant brick work found in historic buildings shall be
required.
g. Original Ornamentation. Preserve and restore original
ornamentation and details of the fagade using photographic and
other evidence.
h. Upper Story Windows.
Along street facing facades,
preserve the size and shape of
upper story windows. Reopen
any blocked upper story
windows. Maintain the
original spacing of windows.
i. Window Materials.
Aluminum tube type windows
shall not be permitted along
any street facing facades.
Solid vinyl windows are only permitted as long as the Isim window has a minimum frame
depth of 4 -1/2 ", is a color other than pure white, and is fabricated to
fit the original window opening size.
HISTORIC CORE
OWENSBORO AXMCLE
METROPOLITAN DOWNTORNOVERLAYDISMcr
ZONING
ORDINANCE 21-20
Vinyl clad wood windows may be permitted as long as they are not
pure white in color.
j. Transom. Preserve the original transom, if it exists. The transom
shall be clear glass or shall be used for a sign or decorative panel.
Minor Trim — should enhance the color scheme established by the
base and major trim. Often a darker shade of the major trim is used
to highlight the window sashes, doors, and selective cornice and
bulkhead details.
1. Building Colors. Building color scheme shall visually link the
building with others in the area. The colors chosen should relate to
the established masonry tones within the Historic Core. If brick or
masonry is exposed, it shall not be painted. Existing buildings of
painted brick shall be repainted and paint removal is not permitted
unless approved under the Secretary of the Interior standards for
rehabilitation of historic buildings.
The following shall only be recommendations to follow to develop
appropriate building color palettes:
Three color are sufficient to highlight any fagade:
Base Color — is
that on the upper
walls and piers
flanking the
storefront. This
shall be natural
masonry or
painted to look as
natural as possible.
Major Trim — is
the color that
defines the
decorative
elements of the
building, tying
together the upper
fagade trim and
the storefront. The
(iv) New Construction and Additions to Existing Buildings
trim color should complement the base color. Major trim elements
include the building cornice, storefront cornice, window frames,
sills and hoods, and storefront frame, columns, and bulkheads
(kickplate).
existing buildings
apply to the design of new buildings and additions to
HISTORIC CORE
k. Storefront Doors. Maintain and repair the original door or replace
with a door of similar design and materials. Standard aluminum
and glass commercial doors are permitted but the frames shall be
painted in dark colors. Replacement doors shall be commercial type
doors and shall not be of residential proportions or design.
OWENSBORO ARTICIL 21
METROPOLITAN DOWNTOWNOVERLAYDEmcr
ZONING 21-49
ORDINANCE
a. Roof Form
Buildings shall be simple, rectilinear forms with flat or low pitched roofs with
parapets. Mansard roofs shall be prohibited.
b. Fagade Composition
Buildings shall maintain the traditionally prevalent fagade rhythm of 20' —
30'.
This rhythm may be expressed by changing materials, or color, or by using
design elements such as fenestration, columns and pilasters, or by varying the
setback of portions of the building fagade.
Image showing appropriate building rhythm.
Inflll buildings shall generally maintain the alignment of horizontal elements
along the block.
buildings.
ch in the design of infill
Comer emphasizing architectural features, pedimented gabled parapets,
cornices, awnings, blade signs, arcades, colonnades and balconies should be
used along commercial storefronts to add pedestrian interest.
Buildings with architectural features and storefront elements that add interest
along the street.
c. Windows and Doors
Windows and doors on street (except alleys) fronting facades shall be
vertically proportioned that are similar in size and shape to those used
historically. Residentially sized (e.g., 3'X5') and proportioned windows shall
Images showing appropriate window designs and proportions for new
construction.
All ground floor front facades for commercial and mixed use buildings along
all streets shall have transparent storefront windows covering no less than
65% of the fagade area. Each upper floor of the same building facades facing
a street or plaza shall contain transparent windows covering at least 35% of
the fagade area. All other street facing side facades (except alleys), shall have
transparent windows covering at least 30% of the fagade area for all floors.
with transparency
at the base shall be utilized.
OWENSBORO AMICLE
METROPOLITAN DOWNTOWN OWRLAY D cr
ZONING 21-50
ORDINANCE
First floor store front windows shall NOT be of a residential type (double
hung or casement). First floor windows shall NOT be reflective, tinted or
mirrored glass.
d. Building Materials
Historic Core Character District At least 75% of each street facing fapade
(except alleys) of all new buildings (excluding doors and windows) shall be
externally finished with the traditionally used material of masonry (brick,
stone, marble, granite, etc.). Additions to existing buildings, to the extent
possible, shall match the existing external finish materials and corresponding
proportions of the same.
All other non - traditional materials will be considered on a case -by -case basis
and may only be approved by the HPB. When any other materials are used,
they should appear similar in character to those used traditionally. Such
alternative materials should also have demonstrated durability.
Downtown Core_ Riverfront Core. and Frederica Boulevard Overlay Districts
At least 75% of each street facing (except alleys) fapade, of all new buildings
(excluding doors and windows) shall be finished in one or more of the
following materials:
— Masonry (brick, stone, cast stone, rock, marble, granite, or glass block).
— Pre -cast concrete panels made to look like stone.
Additions to existing buildings, to the extent possible, shall match the existing
external finish materials and corresponding proportions of the same.
Other materials will be considered as primary building materials on a case -by-
case basis and may only be approved by the HPB.
No more than 25% of each street facing facade shall use accent materials such
as wood, architect metal panel, split -face concrete block, tile, stucco, or
Exterior Insulating Finishing System (EIFS).
Images showing appropriate building materials within the Downtown Core.
Images showing the side and rear faFaa
color and materials of the front facades
Roofing materials visible from any public right -of -way: copper, factory
finished standing seam metal, slate, synthetic slate, or similar materials.
a. Building Orientation
Garages for Residential Buildings shall be located on alleys at the rear of
residential buildings; pull - through garages are allowed if the garage door is
set back behind the rear fapade of the main structure. If front - loaded garages
or carports are utilized on residential uses, the garages and carports shall be
no greater than 12 feet wide and set back at least 20 feet measured from the
face of the main structure closest to the garage /carport or rotated 90 degrees
with windows on the wall facing the street.
All garage doors shall be divided into single bays separated by at least a 16-
inch pier or column. Front - loaded garages on residential lots less than 40 feet
wide shall not be allowed. Town homes and courtyard apartments shall
utilize rear - loaded garages.
b. Building Massing and Scale
Commercial and Mixed Use Buildings shall be simple, rectilinear forms with
flat or low pitched roofs with parapets.
Residential Buildings shall have relatively flat fronts and simple roofs with
most building wing articulations set at the rear of the structure. Window
projections, stoops, porches, balconies, and similar extensions are exempt
from this standard.
Gable roofs, if provided for residential buildings, shall have a minimum pitch
of 5/12. When hipped roofs are used, the minimum pitch shall be 5/12. Other
roof types shall be appropriate to the architectural style of the building. Porch
roofs may be a minimum pitch of 3/12.
Side facades and rear facades (that front on alleys and/or no public streets)
shall be of a similar finished quality and color that blend with the front of the
building. In addition to the primary and accent fapade materials listed above,
rear facades may be painted EIFS or painted concrete block matching the
same color of the rest of the building if the rear fapade faces an alley or is not
viewable from a public street or right -of -way.
Mansard roofs shall be prohibited.
Images showing appropriate massing and scale for Residential Buildings
OWENSBORO AMCLF,
METROPOLITAN ]DOWNTOWNOVERLAYD19mcr
ZONING 21-51
ORDINANCE
e. Fagade Composition
Buildings shall maintain the traditionally prevalent fagade rhythm of 20'— 30'
or mu thereof.
This rhythm may be expressed by changing materials, or color, or by using
design elements such as columns and pilasters, or by varying the setback of
portions of the building fagade.
Commercial and Mixed use building facades shall be designed with a distinct
base, middle, and top and shall maintain the alignment of horizontal elements
along the block.
For retail storefronts, a transom, display window area, and bulkhead at the
base shall be utilized.
Awnings, blade signs, arcades, colonnades, cafe seating, and balconies should
be used along commercial storefronts to add pedestrian interest.
Porches, stoops, eaves, and balconies should be added along residential
facades to add pedestrian interest along the street.
If the residential building is setback less than 10' from the front property line,
the grade of the slab or first floor elevation shall be elevated at least 18 inches
above the grade of the sidewalk. If the residential structure is setback 10' or
more from the front property line and is not elevated above the grade of the
sidewalk, a 3' high fence shall be provided at the front property line. Chain
link fences shall not be permitted along the front property line in any Overlay
District. Plastic vinyl fences shall also not be permitted in the Riverfront
Edge and Urban Campus Overlay Districts.
Residential buildings with porches, balconies, and stoops to add interest along
the street.
d. Windows and Doors
Windows and doors shall be vertically oriented.
Windows may have jack arch, keystone arch, flat arch, or ornamental arches.
Images showing aF
construction.
All ground floor front building facades for commercial and mixed use
buildings along all streets shall have transparent storefront windows covering
no less than 65% of the fagade area. Each upper floor of the same building
facades facing a street or plaza shall contain transparent windows covering at
least 35% of the fagade area. All other street facing side facades (except
alleys), shall have transparent windows covering at least 30% of the fagade
area for all floors.
All building facades of residential buildings fronting on all streets or civic /
open spaces, except alleys, shall have transparent windows covering at least
30% of each fagade.
e. Building Materials
Commercial and Mixed Use Buildings: The following materials shall NOT
be permitted on any fagade:
— Use of lap or shingle siding of any material including wood, vinyl,
cementious, or painted or corrugated metal, or roofmg materials.
At least 60% of the street facing (except alleys) facades of all new buildings
(excluding doors and windows) shall be finished in one or more of the
following materials:
— Masonry (brick, stone, terra cotta, cast stone, rock, marble, granite, glass
block and/or tile).
— Split face concrete block or pre -cast, or poured in place concrete.
— Cementitious -fiber clapboard (not sheet) with at least a 50 -year warranty
may only be used on the upper floors.
— Tilt -up concrete panels that have a grid like appearance
— Architectural metal panels
Other materials will be considered as primary building materials on a case -by-
case basis and may only be approved by the HPB.
No more than 40% of the street facing facades shall use accent materials such
as wood, metal, stucco, or Exterior Insulating Finishing System (EIFS).
Side facades and rear facades (that do not front on any streets) shall be of
finished quality and of the same color and materials that blend with the front
of the building. Rear facades may be painted EIFS or painted concrete block
matching the same color of the rest of the building if the rear fagade faces an
alley or is not viewable from a public street or right -of -way.
Images showing the side and rear fagades buildings finished to match the
color and materials of the front facades
Residential Buildings: The following shall be permitted finishes for all street
fronting facades (except alleys) of residential buildings. No more than three
different materials shall be used on any single facade:
• Cementitious -fiber clapboard (not sheet) with at least a 50 -year warranty;
• Lap -sided wood;
• Masonry (brick; stone; man-made stone, or stucco utilizing a three -step
process).
• Vinyl siding (permitted in Downtown Transition Character District only)
• Architectural metal panels
OWENSBORO AR UCU21
ME'TROPOLI"TAN DO WNTOWN I' �
ZONING
ORDINANCE 21-52
The following may only be allowed up to 40% as an accent material: On residential buildings, at least one of the following shall be utilized:
porches, stoops, bay windows, balconies, masonry clad chimneys, attached
and the
• Exterior Insulating Finishing System or similar material over a pergolas or colonnades. Those architectural elements may encroach beyond
cementitious base, rock, glass block d tile. the setback line.
Side and rear facades shall be of finished quality and of the same color and
materials that blend with the front of the building.
Roofing materials (visible from any public right -of -way): copper, factory
finished painted metal, slate, synthetic slate, terra cotta, and asphalt shingles.
If the residential structure is setback less than 10' from the front property line,
the grade of the slab or first floor elevation shall be at least 18 inches above
the grade of the sidewalk. If the residential structure is setback 10' or more
from the front property line and is not elevated above the grade of the
sidewalk, a 3' high fence shall be provided at the front property line. Chain
link fences shall not be permitted along the front property line.
a. Building Orientation
Garages for Residential Buildings shall be located on alleys at the rear of
residential buildings; pull - through garages are allowed if the garage door is
set back behind the rear facade of the main structure. If front - loaded garages
or carports are utilized on residential uses, the garages and carports shall be
no greater than 12 feet wide and set back at least 20 feet measured from the
face of the main structure closest to the garage /carport or rotated 90 degrees
with windows on the wall facing the street. On corner lots, the garage may be
rotated with windows facing the primary street with driveway access from the
secondary street.
All garage doors shall be divided into single bays separated by at least a 16-
inch pier or column. Front - loaded garages on residential lots less than 40 feet
wide shall not be allowed. Town homes and courtyard apartments shall
utilize rear - loaded garages.
Residential Buildings shall have relatively flat fronts and simple roofs with
most building wing articulations set at the rear of the structure. Window
projections, stoops, porches, balconies, and similar extensions are exempt
from this standard.
Gable roofs, if provided for residential buildings, shall have a minimum pitch
of 5/12. When hipped roofs are used, the minimum pitch shall be 5/12. Other
roof types shall be appropriate to the architectural style of the building. Porch
roofs may be a minimum pitch of 3/12.
Architectural embellishments that add visual interest to the roofs, such as
dormers and masonry chimneys may be provided.
All new residential buildings shall have windows or doors covering no less
than 30% of all street facing facades.
If window shutters are used they shall be approximately half the window
width and the same height of the associated opening (including casing for
masonry walls; not including casing for siding walls). All shutters shall be
louvered, paneled, or constructed of boards as appropriate to the style of the
building.
c. Building Materials
The following shall be permitted finishes for all street fronting facades
(except alleys) of residential buildings. No more than three different
materials shall be used on any single facade:
• Cementitious -fiber clapboard (not sheet) with at least a 50 -year warranty;
• Lap -sided wood;
• Masonry (brick; stone; man-made stone, or stucco utilizing a three -step
process).
• Vinyl siding
• Architectural metal panels
The following may only be allowed up to 40% as an accent material:
• Exterior Insulating Finishing System (EIFS), or similar material over a
cementitious base, rock, glass block and tile.
Side and rear facades shall be of finished quality and of the same color and
materials that blend with the front of the building.
Roofing materials (visible from any public right -of -way): copper, factory
finished painted metal, slate, synthetic slate, terra cotta, and asphalt shingles.
b. Facade Composition
Mansard roofs shall be prohibited.
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OWENSBORO ARTiCLE21
METROPOLITA1N o o Y Js sTwT
ZONING
ORDINANCE 21-16
EN
„ ......
jj
N
Build -to line'
` y`lrine`
t Sidewalk
Type W Street / Civic Space
Legend
_ - Property line 0 Build -to Zone
- - -- Build -to line I Building Area
(i) Build -to Line /Zone (BTL /Z)
Building Frontage required along
(Distance from property line to edge of the zone)
"Type A" street/civic space BTZ
Front (Type "A" Street / Civic
0'
70% (min.)
Space) (see #15)
(see #3)
Front (Type `B" Street) (see
0'— 6'
#15)
(see #1)
(ii) Setback
Front (Type "A" Street / Civic
0' (min. and max)
Space) (see #15)
Front (Type `B" Street) (see #15)
0' (min.)
6' (max.)
Aft
Side
0' min.;
(see #2)
Rear
5' min.
(iii) Building Form
Building Frontage required along
95% (min.) Amk
"Type A" street/civic space BTZ
(see #3)
Building Frontage required along
70% (min.)
"Type B" street BTZ
(see #3)
(i) Building minimum 1 stories min.
HISTORIC CORE
Type `A" Street! Civic Space
Legend / // //�
Property Line '/ / / ///, ParklnoArea
"i
A t/ Above Grade Building Footprint
€ Parking Area
(i) Location (distance from property line)
At & Above Grade Parking
Front setback (Type Shall be located behind
"A" Street) the principal building
Side setback 0' min.
Type `B" Street Min. of 3' behind the
setback building facade along
that street
Rear setback 0' min.
Below Grade Parking
Allowed up to R- O- W/Property Line
Allowed below Civic Space if providing public parking
(ii)Required Parking Spaces
No required parking for all uses
Notes
#1 — Area between the building and the edge of the BTZ at the public sidewalk
shall be paved to be flush with the sidewalk.
#2 — Side setbacks shall be based on minimum fire separation required between
buildings, if applicable.
#3 — Corner building street facades must be built to the BTZ for a minimum of
25' from the comer along both streets or the width of the corner lot, whichever is
less. Recessed entrances are permitted as long as the upper floors meet the build -
to zone or build -to line standards,
#4 — First floor heights shall not apply to parking structures.
#5 — Attics and mezzanines less than 7' (avg.) height shall not be counted as a
story.
#6 — Corner buildings may exceed the maximum building height by 15% for 20%
of the building's frontage along each corresponding street facade.
I
Legend
•- -. .. Property Lino
Encroachment Area
(i) Location
Type "A" Street/ 50% of the depth of
Civic Space (Front) the sidewalk or 6'
(whichever is greater)
Type `B" street 6' max
(Side)
Rear 3' max.
® r e
Building Form and Development Standards in this section shall apply to new
construction, additions, or substantial modifications.
Notes
#7 — All buildings in the Historic Core shall meet the Historic Preservation
Standards & Guidelines in Section 21.8(h).
48 — Any frontage along a public street (except alleys) not defined by a building
at the BTZ shall be defined by a 4' high Street Screen.
#9 — Parking driveway width 24' max. (at the throat)
#10 - Driveways shall not be located on a Type "A" Street
unless the property has no feasible access to either a Type `B"
Street or a vehicular alley.
#11 — Shared driveways and cross access easements are encouraged between lots
to minimize curb cuts.
#12 — Article 13.1 of the Owensboro Metropolitan Zoning Ordinance shall apply
for design of off - street parking areas,
#13 — Canopies, awnings, signs, galleries, and balconies may encroach over the
BTZ and setback areas as indicated in the shaded areas as long as the vertical
clearance is a minimum of 8' from the finished sidewalk elevation. In no case
shall an encroachment be located over an on- street parking or travel lane. All
encroachments over the public R -O -W shall meet standards in Article 21.142(m).
#14 - Ground and roof mounted mechanical equipment shall be screened from
direct ground level view from adjoining public rights -of -way. In addition to a
parapet wall no higher than 42 ", the perimeter of any visible roof mounted
mechanical equipment shall be circumscribed by a wall or permanent screen that
is at least as tall as the eauinment itself.
#15 — Setbacks and build -to lines on recessed entries and arcade buildings shall
be measured from the front of facade with the recessed entry or arcade.
#16 — Off - street loading and unloading shall be located along Type "B" Streets or
alleys only unless the property has no feasible access to either a Type `B" Street
or vehicular allev.
HISTORIC CORE
OWENSBORO TICIL
METROPOLITAN WI�ITON ®�T �'I
ZONING
ORDINANCE 21
(i) Applicability
These standards shall apply to all building demolitions, renovations and
reconstruction to the exterior facades of existing buildings within the
Historic Core Overlay District. These standards shall also apply to
additions to existing buildings and new construction within the Historic
Core Overlay District.
Demolitions of existing buildings shall require a Demolition Permit to be
obtained from City only after review and approval by the Owensboro
Historic Preservation Board (HPB). Appeals to the Demolition review
may be made to the Circuit Court of Daviess County.
All renovations and reconstructions of building exteriors within this
District shall be required to obtain a Certificate of Appropriateness prior
to building permit application or commencing the work. The Certificate
of Appropriateness may be approved administratively by the Zoning
Administrator after compliance review by the Downtown Design
Administrator and appealed to the Historic Preservation Board.
The following activities (regardless of whether they require building
permits) shall require a Certificate of Appropriateness:
i. Additions to existing historic structures; or new buildings or
outbuildings on sites containing historic structures.
ii. Removal and replacement of any architectural detailing.
iii. Construction of roof top additions or decks.
iv. Alteration of accessory structures such as garages.
v. Installation of exterior access stairs.
vi. Window or door replacement with or without alteration of the
openings.
vii. Installation of antennas and satellite receiving dishes that are visible
from adjoining public rights -of -way (except alleys).
viii.Masonry work; including without exception, spall repair, pointing,
sandblasting, chemical cleaning; or surface refinishing.
ix. Installation or alteration of any new exterior sign, or alteration of any
sign contributing to the significance of a structure.
x. Site features other than vegetation, including without exception
fencing, lighting and lighting fixtures, paving and grading.
The following activities shall not require a Certificate of Appropriateness:
a. Work which consists solely of ordinary maintenance;
b. Emergency repairs of a temporary nature to remedy problems
determined by an outside agency that threaten life, health or safety;
or,
c. Alteration of interior space and finishes of a historic building
(Secretary of the Interior Standards may still apply for interior
renovations).
(ii) Demolitions
Demolitions of existing building within the Historic Core Overlay
District shall only be permitted after review and approval by the
Owensboro Historic Preservation Board after a duly advertised Public
Hearing. All applications for demolitions shall be reviewed by the
Downtown Design Administrator and recommendations shall be
forwarded to the HPB.
If an application for demolition is denied, it may be appealed to the
Circuit Court of Daviess County. All appeals shall be taken in the Circuit
Court within thirty (30) days after the action or decisions of the Historic
Preservation Board and all decisions which have not been appealed
within thirty (30) days shall become final. After the appeal is taken, the
procedure shall be governed by the rules of civil procedure. When an
appeal has been filed, the Clerk of the Circuit Court shall issue a
summons to all parties and shall cause it to be delivered for service as in
any other law action.
A building permit to demolish a building that has been approved for
demolition by the HPB may only be granted after the approval of a
building permit for new construction on the same property as the
building to be demolished, unless the building has been deemed as a
public hazard or attractive nuisance.
In reviewing and considering applications for building demolitions, the
Downtown Design Administrator and the HPB shall consider the
following:
a. The public's interest in the preservation of the cultural resource.
b. Whether the building is locally or Nationally designated as a
landmark.
c. The age of the cultural resource, its uniqueness or uncommon design,
texture, and/or material and its ability to be reproduced without
unreasonable difficulty and/or expense.
d. The ability of the cultural resource to help preserve and protect a
historic place or prehistoric site or area of historic interest in the City.
e. The ability of the cultural resource to promote the general welfare of
the City by:
1) Encouraging the study of American History, architecture and
design;
2) Developing an understanding of the importance and value of the
American culture and heritage; and
3) Making the City a more attractive and desirable place in which to
live.
f Whether the building is being demolished for new construction on
the same site which is more economically feasible than restoring the
existing structure.
An application for demolition may only be approved by the HPB if:
a. A building or part of a building is structurally unstable or in a stage
of advanced deterioration and has been deemed by the City as a
hazard to public safety or an attractive nuisance; or
b. A building or part of a building is structurally unstable or in a stage
of advanced deterioration and a technical report has been prepared by
an architect or professional engineer experienced in rehabilitation of
historic structures detailing the building's structural soundness and
suitability for rehabilitation including the nature and extent of the
specific problems and reasonable cost estimates to rectify them. In
addition the following shall be required:
• A financial report is submitted with the application detailing the
costs of rehabilitation, and evidencing that the existing
improvement is incapable of reasonable use or producing an
economic return, and
• Demolition application is submitted with complete plans for the
new development proposed on the site, together with a timetable
and a budget for both the demolition and the reconstruction, as
well as satisfactory evidence that adequate financing is available.
(iii) Renovation of Existing Buildings
The following standards shall apply in reviewing and approving
applications for Certificates of Appropriateness for renovation of
existing buildings within the Historic Core Overlay District.
Photographs used in this section are for illustration purposes only.
Specifically, they are intended to show how the standards would apply
when buildings are renovated and do not impose any requirements on
existing buildings.
HISTORIC CORE
OWENSBORO Amcu 21
METROPOLITAN ® I I�II�ICI
ZONING
ORDINANCE 21-19
a. Historic Fagade. Maintain the
historic building.
b. Horizontal Alignment.
Reinforce the
established horizontal
lines of facades on the
block. Restore or
recreate the historic
horizontal alignment of
architectural features
such as cornices,
window sills and
c. Storefronts. Storefront buildings should maintain the original size,
shape, and design of the storefront opening. Large ground floor
windows shall be maintained and darkly tinted or mirrored glass is
not permitted. Doors shall use painted frames and unfinished
aluminum or stainless steel frames are not permitted. Window and
door frames may be metal with anodized or painted finish or
varnished or painted wood. Residential type of opaque and paneled
doors shall not be permitted.
d. Recessed Entrances. Maintain traditional recessed storefront
entrances where they exist.
e. Storefront Kickplates. Maintain and/or restore kickplate below
storefront windows. Appropriate kickplate materials include
painted wood, glazed tile, or painted metal in muted tones.
Fagade Elements. Preserve primary faeade elements and building
materials. If the original faeade has been concealed, it shall be
uncovered. If portions of the original building material must be
replaced, duplicate the material used or use a similar material to the
original. Use of "barn" wood or other boarded surfaces which are
inconsistent with the original building design shall not be permitted.
Materials that are similar in texture, pattern, and color to thoese of
the dominant brick work found in historic buildings shall be
required.
g. Original Ornamentation. Preserve and restore original
ornamentation and details of the faeade using photographic and
other evidence.
h. Upper Story Windows.
Along street facing facades,
preserve the size and shape of
upper story windows. Reopen
any blocked upper story
windows. Maintain the
original spacing of windows.
i. Window Materials.
Aluminum tube type windows
shall not be permitted along
any street facing facades.
Solid vinyl windows are only
permitted as long as the
window has a minimum frame
depth of 4 -1/2 ", is a color other than pure white, and is fabricated to
fit the original window opening size.
HISTORIC CORE
OWENSBORO ARTICLE 21
METROPOLITAN ]DOWNTOWN OVERLAYDismcr
ZONING 21-20
ORDINANCE
Vinyl clad wood windows may be permitted as long as they are not
pure white in color.
j. Transom. Preserve the original transom, if it exists. The transom
shall be clear glass or shall be used for a sign or decorative panel.
trim color should complement the base color. Major trim elements
include the building cornice, storefront cornice, window frames,
sills and hoods, and storefront frame, columns, and bulkheads
(kickplate).
Minor Trim — should enhance the color scheme established by the
base and major trim. Often a darker shade of the major trim is used
to highlight the window sashes, doors, and selective cornice and
bulkhead details.
(iv) New Construction and Additions to Existing Buildings
Article 21.9 shall apply to the design of new buildings and additions to
existing buildings
k. Storefront Doors. Maintain and repair the original door or replace
with a door of similar design and materials. Standard aluminum
and glass commercial doors are permitted but the frames shall be
painted in dark colors. Replacement doors shall be commercial type
doors and shall not be of residential proportions or design.
The following shall only be recommendations to follow to develop
appropriate building color palettes:
Three color are sufficient to highlight any fagade:
Base Color — is
that on the upper
walls and piers
flanking the
storefront. This
shall be natural
masonry or
painted to look as
natural as possible.
Major Trim — is
the color that
defines the
decorative
elements of the
building, tying
together the upper
fagade trim and
the storefront. The
HISTORIC CORE
1. Building Colors. Building color scheme shall visually link the
building with others in the area. The colors chosen should relate to
the established masonry tones within the Historic Core. If brick or
masonry is exposed, it shall not be painted. Existing buildings of
painted brick shall be repainted and paint removal is not permitted
unless approved under the Secretary of the Interior standards for
rehabilitation of historic buildings.
OWENSBORO ARTicu,21
MET ]DOWNTOWN Y Mmcr
ZONING 21-49
ORDINANCE
Corner emphasizing architectural features, pedimented gabled parapets,
cornices, awnings, blade signs, arcades, colonnades and balconies should be
used along commercial storefronts to add pedestrian interest.
a. Roof Form
Buildings shall be simple, rectilinear forms with flat or low pitched roofs with
parapets. Mansard roofs shall be prohibited.
b. Fagade Composition
Buildings shall maintain the traditionally prevalent fagade rhythm of 20' —
30'.
This rhythm may be expressed by changing materials, or color, or by using
design elements such as fenestration, columns and pilasters, or by varying the
setback of portions of the building fapade.
Image showing appropriate building rhythm.
Building facades shall be designed with a distinct base, middle, and top.
For retail storefront buildings, a transom, display window area, and bulkhead
at the base shall be utilized.
generally maintain the
elements
elements should match in the design of infrll
Buildings with architectural features and storefront elements that add interest
along the street.
c. Windows and Doors
Windows and doors on street (except alleys) fronting facades shall be
vertically proportioned that are similar in size and shape to those used
historically. Residentially sized (e.g., 3'X5') and proportioned windows shall
Images showing appropriate window designs and proportions for new
construction.
All ground floor front facades for commercial and mixed use buildings along
all streets shall have transparent storefront windows covering no less than
65% of the fagade area. Each upper floor of the same building facades facing
a street or plaza shall contain transparent windows covering at least 35% of
the facade area. All other street facing side facades (except alleys), shall have
transparent windows covering at least 30% of the facade area for all floors.
showing appropriate s
, arency
along the block.
Figure showing
buildings.
OWENSBORO ARTTcuE21
METROPOLITAN
ZONING ® Y C,I
ORDINANCE 21-50
First floor store front windows shall NOT be of a residential type (double
hung or casement). First floor windows shall NOT be reflective, tinted or
mirrored glass.
d. Building Materials
Historic Core Character District At least 75% of each street facing facade
(except alleys) of all new buildings (excluding doors and windows) shall be
externally finished with the traditionally used material of masonry (brick,
stone, marble, granite, etc.). Additions to existing buildings, to the extent
possible, shall match the existing external finish materials and corresponding
proportions of the same.
All other non - traditional materials will be considered on a case -by -case basis
and may only be approved by the HPB. When any other materials are used,
they should appear similar in character to those used traditionally. Such
alternative materials should also have demonstrated durability.
Downtown Core_ Riverfront Core, and Frederica Boulevard Overlay Districts
At least 75% of each street facing (except alleys) facade, of all new buildings
(excluding doors and windows) shall be finished in one or more of the
following materials:
— Masonry (brick, stone, cast stone, rock, marble, granite, or glass block).
— Pre -cast concrete panels made to look like stone.
Additions to existing buildings, to the extent possible, shall match the existing
external finish materials and corresponding proportions of the same.
Other materials will be considered as primary building materials on a case -by-
case basis and may only be approved by the FlPB.
No more than 25% of each street facing facade shall use accent materials such
as wood, architect metal panel, split -face concrete block, tile, stucco, or
Exterior Insulating Finishing System (EIFS).
Images showing appropriate building materials within the Downtown Core.
Side facades and rear facades (that front on alleys and/or no public streets)
shall be of a similar finished quality and color that blend with the front of the
building. In addition to the primary and accent facade materials listed above,
rear facades may be painted EIFS or painted concrete block matching the
same color of the rest of the building if the rear facade faces an alley or is not
viewable from a public street or right -of -way.
Images showing the side and rear facades buildings finished to match the
color and materials of the front facades
Roofing materials visible from any public right -of -way: copper, factory
finished standing seam metal, slate, synthetic slate, or similar materials.
a. Building Orientation
Garages for Residential Buildings shall be located on alleys at the rear of
residential buildings; pull - through garages are allowed if the garage door is
set back behind the rear facade of the main structure. If front - loaded garages
or carports are utilized on residential uses, the garages and carports shall be
no greater than 12 feet wide and set back at least 20 feet measured from the
face of the main structure closest to the garage /carport or rotated 90 degrees
with windows on the wall facing the street.
All garage doors shall be divided into single bays separated by at least a 16-
inch pier or column. Front - loaded garages on residential lots less than 40 feet
wide shall not be allowed. Town homes and courtyard apartments shall
utilize rear - loaded garages.
b. Building Massing and Scale
Commercial and Mixed Use Buildings shall be simple, rectilinear forms with
flat or low pitched roofs with parapets.
Residential Buildings shall have relatively flat fronts and simple roofs with
most building wing articulations set at the rear of the structure. Window
projections, stoops, porches, balconies, and similar extensions are exempt
from this standard.
Gable roofs, if provided for residential buildings, shall have a minimum pitch
of 5/12. When hipped roofs are used, the minimum pitch shall be 5/12. Other
roof types shall be appropriate to the architectural style of the building. Porch
roofs may be a minimum pitch of 3/12.
Mansard roofs shall be prohibited.
Images shotiving appropriate massing and scale for Residential Buildings
OWENSBORO ARTICLE21
METROPOLITAN OWN Y CI'
ZONING
ORDINANCE 21-51
c. Fagade Composition
Buildings shall maintain the traditionally prevalent facade rhythm of 20'— 30'
or multiples thereof.
This rhythm may be expressed by changing materials, or color, or by using
design elements such as columns and pilasters, or by varying the setback of
portions of the building facade.
Commercial and Mixed use building facades shall be designed with a distinct
base, middle, and top and shall maintain the alignment of horizontal elements
along the block.
For retail storefronts, a transom, display window area, and bulkhead at the
base shall be utilized.
Awnings, blade signs, arcades, colonnades, cafe seating, and balconies should
be used along commercial storefronts to add pedestrian interest.
Porches, stoops, eaves, and balconies should be added along residential
facades to add pedestrian interest along the street.
If the residential building is setback less than 10' from the front property line,
the grade of the slab or first floor elevation shall be elevated at least 18 inches
above the grade of the sidewalk. If the residential structure is setback 10' or
more from the front property line and is not elevated above the grade of the
sidewalk, a 3' high fence shall be provided at the front property line. Chain
link fences shall not be permitted along the front property line in any Overlay
District. Plastic vinyl fences shall also not be permitted in the Riverfront
Edge and Urban Campus Overlay Districts.
All ground floor front building facades for commercial and mixed use
buildings along all streets shall have transparent storefront windows covering
no less than 65% of the facade area. Each upper floor of the same building
facades facing a street or plaza shall contain transparent windows covering at
least 35% of the facade area. All other street facing side facades (except
alleys), shall have transparent windows covering at least 30% of the facade
area for all floors.
All building facades of residential buildings fronting on all streets or civic /
open spaces, except alleys, shall have transparent windows covering at least
30% of each facade.
e. Building Materials
Commercial and Mixed Use Buildings: The following materials shall NOT
be permitted on any facade:
— Use of lap or shingle siding of any material including wood, vinyl,
cementious, or painted or corrugated metal, or roofing materials.
At least 60% of the street facing (except alleys) facades of all new buildings
(excluding doors and windows) shall be finished in one or more of the
following materials:
— Masonry (brick, stone, terra cotta, cast stone, rock, marble, granite, glass
block and/or tile).
Split face concrete block or pre -cast, or poured in place concrete.
— Cementitious -fiber clapboard (not sheet) with at least a 50 -year warranty
may only be used on the upper floors.
— Tilt -up concrete panels that have a grid like appearance
— Architectural metal panels
Other materials will be considered as primary building materials on a case -by-
case basis and may only be approved by the FIPB.
No more than 40 % of the street facing facades shall use accent materials such
as wood, metal, stucco, or Exterior Insulating Finishing System (EIFS).
the street.
porches, balconies, and stoops to add interest along
d. Windows and Doors
Windows and doors shall be vertically oriented.
Side facades and rear facades (that do not front on any streets) shall be of
finished quality and of the same color and materials that blend with the front
of the building. Rear facades may be painted EIFS or painted concrete block
matching the same color of the rest of the building if the rear facade faces an
alley or is not viewable from a public street or right -of -way.
Images showing the side and rear fagades buildings finished to match the
color and materials of the front facades
Residential Buildings: The following shall be permitted finishes for all street
fronting facades (except alleys) of residential buildings. No more than three
different materials shall be used on any single facade:
• Cementitious -fiber clapboard (not sheet) with at least a 50 -year warranty;
• Lap -sided wood;
• Masonry (brick; stone; man -made stone, or stucco utilizing a three -step
process).
• Vinyl siding (permitted in Downtown Transition Character District only)
• Architectural metal panels
Images showing appropriate window designs and proportions for new
construction.
Windows may have jack arch, keystone arch, flat arch, or ornamental arches.
OWENSBORO ARTICLE21
ZON rTAI� DOWNTOWN OVL RLAY Mmcr
ORDINANCE 21-52
The following may only be allowed up to 40% as an accent material:
• Exterior Insulating Finishing System (EIFS) or similar material over a
cementitious base, rock, glass block and tile.
Side and rear facades shall be of finished quality and of the same color and
materials that blend with the front of the building.
Roofing materials (visible from any public right -of -way): copper, factory
finished painted metal, slate, synthetic slate, terra cotta, and asphalt shingles.
On residential buildings, at least one of the following shall be utilized:
porches, stoops, bay windows, balconies, masonry clad chimneys, attached
pergolas or colonnades. Those architectural elements may encroach beyond
the setback line.
If the residential structure is setback less than 10' from the front property line,
the grade of the slab or first floor elevation shall be at least 18 inches above
the grade of the sidewalk. If the residential structure is setback 10' or more
from the front property line and is not elevated above the grade of the
sidewalk, a 3' high fence shall be provided at the front property line. Chain
lurk fences shall not be permitted along the front property line.
a. Building Orientation
Garages for Residential Buildings shall be located on alleys at the rear of
residential buildings; pull - through garages are allowed if the garage door is
set back behind the rear facade of the main structure. If front - loaded garages
or carports are utilized on residential uses, the garages and carports shall be
no greater than 12 feet wide and set back at least 20 feet measured from the
face of the main structure closest to the garage /carport or rotated 90 degrees
with windows on the wall facing the street. On comer lots, the garage may be
rotated with windows facing the primary street with driveway access from the
secondary street.
All garage doors shall be divided into single bays separated by at least a 16-
inch pier or column. Front - loaded garages on residential lots less than 40 feet
wide shall not be allowed. Town homes and courtyard apartments shall
utilize rear - loaded garages.
Residential Buildings shall have relatively flat fronts and simple roofs with
most building wing articulations set at the rear of the structure. Window
projections, stoops, porches, balconies, and similar extensions are exempt
from this standard.
Gable roofs, if provided for residential buildings, shall have a minimum pitch
of 5/12. When hipped roofs are used, the minimum pitch shall be 5/12. Other
roof types shall be appropriate to the architectural style of the building. Porch
roofs may be a minimum pitch of 3/12.
Mansard roofs shall be prohibited.
Images of appropriately scaled and
Architectural embellishments that add visual interest to the roofs, such as
dormers and masonry chimneys may be provided.
All new residential buildings shall have windows or doors covering no less
than 30% of all street facing facades.
If window shutters are used they shall be approximately half the window
width and the same height of the associated opening (including casing for
masonry walls; not including casing for siding walls). All shutters shall be
louvered, paneled, or constructed of boards as appropriate to the style of the
building.
c. Building Materials
The following shall be permitted finishes for all street fronting facades
(except alleys) of residential buildings. No more than three different
materials shall be used on any single facade:
• Cementitious -fiber clapboard (not sheet) with at least a 50 -year warranty;
• Lap -sided wood;
• Masonry (brick; stone; man -made stone, or stucco utilizing a three -step
process).
• Vinyl siding
• Architectural metal panels
The following may only be allowed up to 40% as an accent material:
• Exterior Insulating Finishing System (EIFS), or similar material over a
cementitious base, rock, glass block and tile.
Side and rear facades shall be of finished quality and of the same color and
materials that blendwith the front of the building.
Roofing materials (visible from any public right -of -way): copper, factory
finished painted metal, slate, synthetic slate, terra cotta, and asphalt shingles.
b. Facade Composition
Date: April 3, 2010
Work Session Agenda Item No: I -C
Subject: Guarantees and Maintenance Bonds for Subdivisions
Originated by: Rachel Roberts, Planner
Summary:
The Commission did not have time to discuss this item during its March meeting. For your
reference, the staff report from the March meeting is provided below.
March 8, 2010 Staff Report
The broker I've been speaking with offers two alternatives to a two -year maintenance
bond. (1) We could require a subdivision bond in addition to the maintenance bond Mr.
Zinecker recommends requiring the developer to escrow funds, stating that "the surety will
like this anyway, if not require it." He added that the surety will probably want to issue the
maintenance bond when the improvements are accepted by the city, rather than waiting for
the two -year time period to start at an uncertain point in the future (at a certain percent build -
out). (2) Consider requiring or accepting a letter of credit instead of the maintenance bond
Because subdivision bonds may be difficult to obtain in Texas due to the limited
number of companies that offer them, if the Commission recommends to Council requiring
subdivision bonds in addition to maintenance bonds, I recommend allowing the developer to
provide a letter of credit instead, if he or she is unable to secure a subdivision bond.
I asked Mr. Zinecker about whether maintenance bonds could be issued for one year
and then renewed in a lesser amount so that developers could have the option of reducing
the bond amount as a subdivision is built out. Here is his response:
Page 1 of 2
If the choice is between a maintenance period in excess of two years and an
annually renewable maintenance period, I believe all sureties would choose the
annually renewable option. Two things: first, I do not know what charge they would
make, so it might be relatively expensive and second, the renewal would have to
be at the surety's option and nonrenewal shall not constitute an event of default.
Page 2 of 2
Date: I April 3, 2010
Work Session Agenda Item No: I -D
Subject: List of Items for Future Consideration
Originated by: Rachel Roberts, Planner
Summary:
The Commission did not have time to discuss this item during its March meeting. For your
reference, the staff report from the March meeting is provided below.
March 18, 2010 Staff Report
During its February meeting, the Commission re- arranged the order in which future work session
items would be considered. The new order is as follows:
a. Storm Water Ordinances and Creek Ordinances
b. Incompatible Zoning Districts /Properties
c. Green /Environmental Regulations
d. Overlay Zoning District
e. Salvage Yard Ordinance
f. Comprehensive Land Use Plan
g. Sandwich Boards: Sign ordinance review
The intent is to create a working and ongoing list of items that staff and the Commission need
to address. Items on this list will be placed on the agenda to be considered individually as
the Commission's schedule permits.
The Commission asked staff to bring information on items I -D(a) and I -D(b) for the March
meeting. I checked the minutes for background information on these two items and was
unable to find anything useful. For example, the minutes state when the stormwater and
creek ordinances were discussed but did not describe what the Commission's concerns
were, so I am therefore unable to determine whether the new proposed stormwater program
would address those concerns.
Could the Commission give me more information during the March meeting? If so, I will have
staff reports prepared in time for the April meeting.
1
- T,
Regular Meeting & Public Hearing Roll Call
� if present
Lori Bryan
_ Ray Cowan
Frank Fernandez
t� Ernest Harvey
David Hunn
Charles Overstreet
Billy Simpson
_ Jason Galloway
Lana Sather
Work Session Roll Call
4 if present
Lori Bryan
Ray Cowan
Frank Fernandez
Ernest Harvey
David Hunn
V`F Charles Overstreet
Billy Simpson
Jason Galloway
Lana Sather
Date: April 8, 2010
Regular Meeting/
Public Hearing Agenda Item No: III
Subject: Minutes
Originated by: Rachel Roberts, Planner
Summary:
Following this staff report are the minutes from the March 2010 Planning & Zoning
Commission meeting.
DRAFT
Note: Suggested additions are underlined Suggested deletions are 6#61& thFGH .
CoK Oil and Gas Ordinance, Revised
Sec. 17 -426. Oil and gas.
(a) Purpose and intent. The exploration, development and production of oil or gas in the city is
an activity which necessitates reasonable regulation to ensure that all property owners, mineral
and otherwise, have the right to peaceably enjoy their property and its benefits and revenues. It
is hereby declared to be the purpose of this section to establish reasonable and uniform
limitations, safeguards and regulations for present and future operations related to the
exploring, drilling, developing, producing, transporting and storing of oil or gas and other
substances produced in association with oil or gas within the city to protect the health, safety
and general welfare of the public, minimize the potential impact to property and mineral rights
owners, protect the quality of the environment and encourage the orderly production of available
mineral resources.
(b) Definitions. All technical industry words or phrases related to the drilling and production of
oil and gas wells not specifically defined shall have the meanings customarily attributable
thereto by prudent operators in the oil and gas industry. For the purposes of this section, the
following definitions shall apply unless the context clearly indicates or requires a different
meaning.
Abandonment : " Abandonment" as defined by the Railroad Commission and includes the
plugging of the well and restoration of the drill site as required by this section.
Applicant : A person to whom a permit or certificate for the drilling, operation and production of
a well, or the installation or operation of a pipeline, is issued under this section, including, but
not limited to, his or her heirs, legal representatives, successors or assigns.
City : The City of Kennedale, Texas.
City staff : Employees and independent contractors performing services for the City of
Kennedale, including but not limited to the fire maFshafl marshal
Compressor: A device designed to increase the pressure of a compressible fluid in order to lift
gas from the well.
Compressor station : A device or facility designed to increase the pressure of a compressible
fluid in order for the gas to be transported through a pipeline over long distances.
Rev. 10/05/2009 RR 1
DRAFT
Drill site : The area used for drilling, development, production, ^^m9 or reworking a well
or wells located there and subsequent life of a well or wells or the area used for any and all
operational activities associated with drilling, development, production or reworking of an oil or
gas well.
Drilling : Any digging or boring of a new well to develop or produce oil or gas or to inject gas,
water, or any other fluid or substance into the earth. Drilling means and includes the re -entry of
an abandoned well. Drilling does not mean or include the re -entry of a well that has not been
abandoned.
Environmentally sensitive area : Steep slope areas, areas with highly erodible soils, floodplains
and flood -prone areas, wetlands, fish and wildlife habitat conservation areas, or other areas the
City considers to be of special environmental concern.
Exploration : Geologic or geophysical activities, including, but not limited to surveying and
seismic exploration, related to the search for oil, gas, or other subsurface hydrocarbons.
Fire code : The fire code adopted by the City of Kennedale, as amended.
Fire marshal: the Fire Marshal of the City of Kennedale.
Gas : Gas or natural gas, as such terms are used in the rules, regulations, or forms of the
railroad commission.
Gas well : Any well drilled for the production of gas or classified as a gas well under the Texas
Natural Resources Code or the railroad commission.
Gathering station: The site where the gathering and production lines for wells converge, and
that may contain equipment used for the production of gas, including, but not limited to,
separator tanks, metering stations, pipelines, and compressors.
Hazardous materials management plan : The hazardous materials management plan and
hazardous materials inventory statements required by the fire code.
Knox box rapid entry system: A safe system located at primary points of entry containing entry
keys for use by fire and other emergency personnel.
New well : A new well bore or new hole established at the ground surface (not including the
reworking of an existing well that has not been abandoned unless the rework intends to drill to a
deeper total depth), which shall require a new well permit.
Oil : Oil, as such terms are used in the rules, regulations, or forms of the railroad commission.
Oil well : Any well drilled for the production of oil or classified as an oil well under the Texas
Natural Resources Code or the railroad commission.
Oil and gas well permit: A permit applied for and issued or denied pursuant to this section
authorizing the drilling, production, and operation of one (1) oil or gas well.
Rev. 10/05/2009 RR 2
DRAFT
Operation site : The area used for development and production and all related operational
activities of oil and gas after drilling activities are complete.
Operator : For each well, the person listed on the railroad commission form W -1 or form P -4 for
an oil or gas well.
Person : Includes both the singular and plural and means an individual person, corporation,
association, partnership, receiver, trustee, guardian, executor, administrator, and a fiduciary or
representative of any kind.
Petroleum specialist : A qualified oil and gas consultant familiar with and educated in the oil and
gas industry who has been retained by the city.
Pipeline easement map : A map indicating all gathering line easements. The easements must
be located separately from the utility easements.
Railroad commission : The Railroad Commission of Texas.
Structure : Any building intended for shelter, occupancy, housing or enclosure for persons,
animals, cattle or storage.
Well : A hole or bore to any horizon, formation, or strata for the purpose of producing oil, gas, or
other liquid hydrocarbons.
(c) Oil and gas well drilling and production by special exception.
The drilling and production of oil and gas within the corporate limits of the city shall be permitted
by special exception, which shall be subject to the following:
(1) The application for the special exception shall be in accordance with the provisions of
sections 17 -422 and 17 -430 hereof.
(2) No drilling production, compressors, compressor station or gathering station shall be
permitted within six hundred (600) feet of any habitable residential structure or public
building, institution, ap rk, school, or commercial building for which a building permit has
been issued on the date of the of the application for a drilling permit is filed with the city, or
cultural, historic or archeological resources, floodplains, floodways, or environmentally
sensitive areas, or groundwater recharge areas provided, however, that drilling shall be
permitted as close as three hundred (300) feet if all affected property owners agree in
writing. No drilling, production, compressor, compressor station, or gathering station shall
be permitted within three hundred (300) feet of a neighboring property line unless all
affected property owners agree in writing.
(3) A development site plan in accordance with the provisions set forth herein.
(4) An approved road repair agreement in accordance with the provisions set forth herein.
Rev. 10/05/2009 RR 3
DRAFT
(5) An oil and gas permit application may be filed with the city concurrently with the request
for a special exception; provided, however, that the city shall not be required to consider the
oil and gas permit application unless and until a special exception is granted by the zoning
board of adjustment.
A special exception for oil or gas drilling or production shall be reviewed by the Board of
Adiustment two years from the date it was granted. At that time, the Board may consider
whether the drilling or production of oil or gas has been conducted in compliance with all
relevant city, state, and federal regulations and guidelines. Special exceptions may be
revoked for drilling or production operations found to be not in compliance.
(c -1) Gathering stations by special exception.
(1) Within the city, the establishment and operation of a gathering station, whether in
conjunction with a gas well or as an independent operation, shall only be permitted by
special exception in accordance with sections 17 -422 and 17 -430 hereof. A special
exception for a gathering station shall not be granted unless the Board of Adjustment is
satisfied that the gathering station will not jeopardize the health, safety, or welfare of the
city's residents and will not cause an undue burden on the City or its residents.
(2) A site plan is required with the special exception application and must at a minimum,
identify the location of the gathering station and all associated facilities, including all existing
and planned pipelines, all driveway and vehicle parking areas and shall include the
minimum detail required in subsection 17- 418(e)(3) hereof, where applicable. The special
exception application shall also include copies of federal and state permits demonstrating
compliance with all applicable pipeline integrity and safety standards, including adherence to
applicable Environmental Protection Agency, U.S. Department of Transportation, and Texas
Railroad Commission regulations governing risk management.
(3) Gathering stations shall be subject to the following on -site operation requirements:
a. No gathering station shall be permitted within six hundred (600) feet of any habitable
Y es i dcent i 'a l structure or public building, institution, park, school, or commercial building for
which a building permit has been issued on the date of the of the application for a drilling
permit is filed with the inspector, or cultural, historic or archeological resources,
floodplains, floodways, or environmentally sensitive areas, or groundwater recharge areas
provided, however, that this minimum setback may be reduced to three hundred (300) feet
if all affected property owners agree in writing. No gathering station shall be permitted
Rev. 10/05/2009 RR 4
DRAFT
within three hundred (300) feet of a neighboring property line unless all affected property
owners agree in writing.
b. No gathering station shall be located within two hundred (200) feet of a railroad right -
of -way.
c. Construction of the gathering station shall comply with the erosion control regulations
set forth in the city's stormwater pollution prevention plan.
d. A gathering station may only be allowed in a floodplain with the approval of the city's
floodplain administrator and, where applicable, the U.S. Army Corps of Engineers.
e. There shall be a locked entrance gate to the gathering station site. The entrance gate
shall be fire accessible with a knox box rapid entry system.
f. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" in a
minimum of four -inch lettering shall be posted at the entrance of each gathering station
site. The sign shall include the phone number for emergency services (9 -1 -1), the name
and phone number for the owner /operator in fwe three -inch lettering. In addition, if the
special exception is approved, a case number shall be assigned to the approved operation
and such number must be displayed on the sign in a minimum of twe three -inch lettering.
g. All facilities used for parking, loading, unloading, driveways and all other vehicular
access shall be constructed of concrete, asphalt or an alternative equivalent strength solid,
dust -free surface that meets all minimum fire code requirements provided that the drive
approach from the street be constructed of concrete The surface for such facilities and drive
approach must always be maintained in good condition and repair. Facilities and drive
approaches must be constructed and maintained in compliance with the City of Kennedale
Public Works Design Manual.
h. The equipment and facilities at a gathering station site must be enclosed, individually
or collectively, in accordance with the requirements of subsection 17- 426(o)(3), hereof.
i. Compliance with the requirements set forth in subsection 17- 426(o)(6) - -(9), as they
relate to the gathering station site.
(4) Gathering stations shall be subject to the operation and equipment practices and
standards set forth in subections 17- 426(p)(1) - -(4) and (7) and subsection 17- 426(s)(7) in
the same manner as they apply to an operation site.
(5) Gathering station not part of an operation site. The city shall inspect each gathering
station site established independently of an operation site for compliance with all applicable
regulations of the state and city ordinances. An annual inspection fee as established in the
city's fee ordinance shall be paid by the owner of the gathering station to the city.
Rev. 10/05/2009 RR 5
DRAFT
(6) Within sixty (60) days after the discontinuation of operations of a gathering station, the
equipment at the site shall be removed and the site shall be cleaned and the land graded
and returned to its original condition including replanting of vegetation to match the
surrounding area. All cleanup and removal of equipment shall be performed in accordance
with applicable Environmental Protection Agency, Texas Commission on Environmental
Quality and Texas Railroad Commission regulations.
(7) Gathering station operations shall be performed in compliance with all applicable
federal, state, and local law.
A special exception for a gathering station shall be reviewed by the Board of Adjustment
two years from the date it was granted. At that time, the Board may consider whether the
gathering station has been in compliance with all relevant city, state, and federal regulations
and guidelines. Special exceptions may be revoked for gathering stations found to be not in
compliance.
(d) Oil and gas well permit required.
(1) Any person, acting for himself or acting as an agent, employee, independent contractor,
or servant for any person, shall not engage in the drilling and production of oil or gas wells
within the corporate limits of the city without first obtaining an oil and gas well permit issued
pursuant to this section. Each proposed well hole shall require a separate permit and shall
not be permitted on a "blanket" basis.
(2) When an oil and gas well permit has been issued covering a well, the permit shall
constitute authority for drilling, operation, production, gathering of production, maintenance,
repair, reworking, testing, site preparation consisting of rigs or tank batteries, plugging and
abandonment, and any other activity authorized by this section associated with drilling or
production by the operator and their respective employees, agents, and contractors. An oil
and gas well permit shall also constitute authority for the construction and use of all facilities
reasonably necessary or convenient in connection therewith, including gathering lines and
discharge lines, by the operator and its respective employees, agents, contractors and
subcontractors.
(3) An oil and gas well permit shall not, however, constitute authority for the re- entering
and drilling of an abandoned well. Re -entry and drilling of an abandoned well shall require a
new oil and gas well permit.
Rev. 10/05/2009 RR
DRAFT
(4) Oil and gas well permits shall automatically expire three hundred sixty five (365) days
from the date of the issuance of the oil or gas well permit.
(d -1) Oil and gas permit application.
(1) Applications for oil and gas well permits shall include the following:
(a) A copy of the Plan(s) identifying and indicating the proposed methods of
erosion control. Erosion control is required and shall comply with all local, state
and federal requirements and must be approved by the director of development for
the City of Kennedale.
(b) A copy of the stormwater pollution prevention plan as required by the
Environmental Protection Agency. A copy of the notice of intent shall be submitted
to the City of Kennedale Public Works Department and the Permits and Planning
Department, three (3) days prior to the commencement of any onsite activity.
(c) A detailed description of the water source to be used during drilling and a
copy of the determination by the Texas Commission on Environmental Quality
(TCEQ) of the depth of useable quality ground water.
(d) Road repair agreement as described in Sec. 17- 426(e)
(e) The exact and correct acreage and number of wells.
(f) A description of public utilities required during drilling and operation.
(g) An accurate legal description of the lease property to be used for the oil
or gas operation the parcel and the production unit and name of the geologic
formation as used by the railroad commission. Property recorded by plat should
reference subdivision, block and lot numbers.
(h) A copy of the approved railroad commission permit to drill, together with
attachments and survey plats, which are applicable to the drill and operation- sites.
(i) A hazardous materials inventory statement including MSDS sheets on all
products being used broken down into drilling and post drilling documents.
(i) A surface reclamation plan .
(k) Truck routes and access points, including the proposed transportation
route and road for equipment, chemicals or waste products used or produced by
the oil or gas operation indicating commercial and non - commercial routes.
(1) Surface owner names(s) and address(es) of the lease property.
(m) A sound analysis and sound management plan
(n) A detailed site plan as described in Sec. 17- 426(f)
Rev. 10/05/2009 RR
DRAFT
(o) A wastewater management plan describing how wastewater will be
disposed. Wastewater management reports must be submitted one month after
the commencement of drilling or any activity that results in wastewater, and semi-
annually thereafter until such time as activities at the site no longer result in
wastewater.
(2) Applications for oil and gas well permits shall be submitted in writing, on forms
Provided by the city.
(3) Applications for oil and gas well permits shall include a pipeline easement map
indicating the location of the nearest gathering station and the alignment of the
Pipeline(s) connecting the operation site to the gathering station.
(4) Applications for oil and gas well permits shall be signed by the operator.
(5) Applications for oil and gas well permits shall include three (3) complete copies
of the operator's emergency action response plan.
(6) Oil and gas well permits shall automatically expire if drilling of the well bore has
not commenced within three hundred sixty five (365) days from the date of the
issuance of the oil or gas well permit.
The burden of proof on all matters considered under permit applications and special
exception applications shall be upon the applicant /Operator.
(e) Road repair agreement. A road repair agreement shall be filed with the public works
department of the city. A road repair agreement must obligate the operator to repair damage to
public streets, including, but not limited to, bridges, caused by the operator (or by the operator's
employees, agents, contractors or representatives) in the performance of any activity authorized
by or contemplated by the approved oil and gas well permit. A video documenting the existing
conditions must be submitted prior to approval of the road repair agreement. The city manager
shall have the authority to execute the road repair agreement.
(f) Compliance with the development site plan. Any person who proposes extraction of oil or
gas on a tract of land located within the corporate limits of the City of Kennedale shall prepare
six (6) copies of an oil or gas well development site plan drawn to scale, [CHANGE MADE
102209; NOT YET REVIEWED BY P &Z] that shall be filed with the application for drilling or
production The site plan drawing shall be provided in D size and eight and one - half -inch x
eleven -inch paper and shall be submitted as part of the applicant's request for a special
exception. The following detail shall be included on all oil and gas development site plans:
Rev. 10/05/2009 RR g
DRAFT
(1) The development site plan shall provide for adequate sanitation facilities, access roads,
drainage, erosion control and other necessary supporting facilities identified on the
development site plan.
(2) The design, location, and arrangement of all driveways and parking spaces shall
provide for the safe and convenient movement of vehicular and pedestrian traffic without
adversely affecting the general public or adjacent developments.
(3) EFOSiOR - -6 G is i Feq � s GGMPIy 1 i ith al, s tate and federal
- -
W✓ti ;f -
(2 Identify truck routes and access points.
(A Identify environmentally sensitive areas (ESA's) including floodplains and any
proposed floodplain, creek and stream crossings.
a. All floodplain, creek and stream crossings, if not at grade, shall be designed to a ten-
year storm frequency.
b. All floodplain crossings shall have no negative affects on surrounding property.
c. A drainage study sufficient to substantiate the above requirements will be required as
part of the submittal if crossings are proposed.
d. Identify and indicate the proposed method of erosion control.
(5 q) Identify all wells, structures, equipment, pipelines, utilities, gates and fences,
containment areas, fire lanes, and one thousand (1,000) feet, six hundred (600) feet, and
three hundred (300) feet perimeter lanes within one thousand (1,000) of the well.
(6 aA) Indicate a physical address for each well site.
(g) Contents ef app#Gatiep for- e# and gas "# peR44. ApPI!G-AfiG-MG- for ma and gas w
permits shall he it aGGGrrdaRGe wi the folio ire_•_
(1) h c.ubmitted in WFitiRg nn fOPM6 pFeviderd by the pity
- r�dtlu e n -rn�ae�rrtreeea vvrrem9, p+� .. ......... ...� ........� .
station and the aligRrnent of the pipeliRe(s) GG)RReGtiRg the operatiOR site to the gather'Rg
Rev. 10/05/2009 RR 9
DRAFT
(g h) Review of applications for oil and gas well permit.
(1) All applications for oil and gas well permits shall be filed with the director of
development his werkss who shall immediately forward all applications to the petroleum
specialist and fire marshal for review. Incomplete applications shall be returned to the
applicant, in which case the city shall provide a written explanation of the deficiencies if
requested by the applicant. All applications for an oil and gas permit shall be accompanied
by a processing fee in the amount of five thousand dollars ($5,000.00), which shall be
assessed to recoup the administrative expenses incurred by the city in administrating such
permit. The oil or gas well permit fee for additional wells on the same pad shall be as
follows: four thousand dollars ($4,000.00) for the second well, three thousand dollars
($3,000.00) for the third well, and two thousand dollars ($2,000.00) for each well thereafter.
The city may return any application as incomplete if there is a dispute pending before the
railroad commission regarding the determination of the operator.
(2) The petroleum specialist and fire marshal shall review each application within thirty (30)
days after filing and shall determine whether the application includes all of the information
required by this section, whether the application is in conformance with the applicable oil
and gas well development site plan, the terms of the applicable special exception, the road
repair agreement, the fire code and whether the application is in conformance with the
insurance and security requirements set forth in this section.
(3) The failure of the petroleum specialist or fire marshal to review an oil and gas well
permit application within the time limits specified above shall not require the city to approve
an application that does not meet the minimum requirements set forth in this section.
(h +) Contents of oil and gas well permit issued by the city.
(1) Each oil and gas permit shall contain the following information:
a. Identify the name of each well and its operator;
b. Specify the date on which the city issued each permit;
c. Specify that the permit shall expire within three hundred sixty -five (365) days of
issuance;
Rev. 10/05/2009 RR 10
DRAFT
d. Incorporate, by reference, the insurance and security requirements set forth in this
section;
e. Incorporate, by reference, the requirement for periodic reports and for providing notice
of reworking an existing well, as set forth in this section;
f. Incorporate the full text of the release of liability provisions set forth in this section;
g. Incorporate, by reference, the conditions of the applicable development site plan and
applicable special exception;
h. Incorporate, by reference, the information contained in the permit application;
i. Incorporate, by reference, the applicable rules and regulations of the railroad
commission, including the applicable "field rules ";
j. Specify that no drilling operations (including the construction of internal private access
roads) shall commence until the operator has provided the security required by this
section;
k. Contain the name, address, and phone number of the person designated to receive
notices from the city, which person must be a resident of Texas, that can be served in
person or by registered or certified mail; and
I. Indicate required compliance with all additional permits and payment of all additional
fees required by the city related to the proposed operations.
(2) If the city denies an application for an oil and gas well permit, nothing herein contained
shall prevent a new permit application from being submitted to the city for the same well.
(ii -m) Amended oil and gas well permits.
(1) An operator must submit an application to the director of public works to amend an
existing oil and gas well permit, to commence drilling from a new drill site that is not shown
on (or incorporated by reference as part of) the existing permit, to relocate a drill site or
operation site that is shown on (or incorporated by reference as part of) the existing permit,
or to otherwise amend the existing permit.
(2) Applications for amended oil and gas well permits shall be in writing, shall be on forms
provided by the petroleum specialist, shall be signed by the operator, and shall include the
following:
a. The original application fee as set forth herein;
b. A description of the proposed amendments;
Rev. 10/05/2009 RR 11
DRAFT
c. Any changes to the information submitted with the application for the existing oil and gas
well permit (if such information has not previously been provided to the city);
d. Such additional information as is reasonably required by the petroleum specialist or city
staff to demonstrate compliance with the applicable development site plan and applicable
special exception;
e. Such additional information as is reasonably required by the petroleum specialist, or city
staff to prevent imminent destruction of property or injury to persons;
f. All applications for amended oil and gas well permits shall be filed with the director of
public works. The application shall be immediately forwarded to the petroleum specialist and
fire marshal for review. Incomplete applications may be returned to the applicant, in which
case the city shall provide a written explanation of the deficiencies. The city may return any
application as incomplete if there is a dispute pending before the railroad commission
regarding the determination of the operator;
g. If the activities proposed by the amendment are not materially different from the activities
covered by the existing oil and gas well permit, and if the proposed activities are in
conformance with the applicable development site plan and applicable special exception,
then the petroleum specialist shall review the amendment within ten (10) days after the
application is filed;
h. If the activities proposed by the amendment are materially different from the activities
covered by the existing oil and gas well permit, and if the proposed activities are in
conformance with the applicable development site plan and applicable special exception,
then the petroleum specialist shall review the amendment within thirty (30) days after the
application is filed. If, however, the activities proposed by the amendment are materially
different and, in the judgment of the petroleum specialist, might create a risk of imminent
destruction of property or injury to persons that was not associated with the activities
covered by the existing permit or that was not otherwise taken into consideration by the
existing permit, the amendment must be processed as a new oil and gas well permit
application;
i. The failure of the petroleum specialist or fire marshal to review an amended oil and gas
well permit application within the time limits specified above, shall not require the city to
approve an application that does not meet the minimum requirements set forth in this
section; and
Rev. 10/05/2009 RR 12
DRAFT
j. A decision to deny an amendment to an oil and gas well permit shall be provided to the
operator in writing within ten (10) days after the decision is made, including an explanation
of the basis for the decision. The operator may appeal any such denial to the city council.
Q n) Transfer of oil and gas well permits. An oil and gas well permit may be transferred by the
operator if the transfer is in writing signed by both parties, and the transferee agrees to be
bound by the terms and conditions of the transferred permit, if all information previously
provided to the city as part of the application for the transferred permit is updated to reflect any
changes and if the transferee provides the insurance and security required by this section. The
insurance and security provided by the transferor shall be released if a copy of the written
transfer is provided to the city. The transfer shall not relieve the transferor from any liability to
the city arising out of any activities conducted prior to the transfer.
(k j) Insurance and indemnification. The operator shall provide or cause to be provided the
insurance described below for each well for which an oil and gas well permit is issued, such
insurance to continue until the well is abandoned and the site restored. The operator may
provide the required coverage on a "blanket basis for multiple wells ". The operator shall provide
an affidavit from the operator's insurance company certifying that the insurance provided
complies with the requirements of this section.
(1) General requirements; indemnification and express negligence provisions.
a. Each oil and gas well permit issued by the city shall include the following language:
Operator does hereby expressly release and discharge all claims, demands, actions,
judgments, and executions which it ever had, or now has or may have, or assigns may
have, or claim to have, against the City of Kennedale and /or its departments, its agents,
officers, servants, successors, assigns, sponsors, volunteers, or employees, created by, or
arising out of personal injuries, known or unknown, and injuries to property, real or
personal, or in any way incidental to or in connection with the performance of the work
performed by the operator under an oil and gas well permit and the operator caused by or
arising out of, that sequence of events which occur from the operator under the oil and gas
well permit and work performed by the operator shall fully defend, protect, indemnify, and
hold harmless the City of Kennedale, Texas, and /or its departments, agents, officers,
servants, employees, successors, assigns, sponsors, or volunteers from and against each
and every claim, demand, or cause of action and any and all liability, damages,
obligations, judgments, losses, fines, penalties, costs, fees, and expenses incurred in
Rev. 10/05/2009 RR 13
DRAFT
defense of the City of Kennedale, Texas, and /or its departments, agents, officers,
servants, or employees, including, without limitation, personal injuries and death in
connection therewith which may be made or asserted by operator, its agents, assigns, or
any third parties on account of, arising out of, or in any way incidental to or in connection
with the performance of the work performed by the operator under an oil and gas well
permit, and the operator agrees to indemnify and hold harmless the City of Kennedale,
Texas, and /or its departments, and /or its officers, agents, servants, employees,
successors, assigns, sponsors, or volunteers from any liabilities or damages suffered as a
result of claims, demands, costs, or judgments against the city and /or, its departments, its
officers, agents, servants, or employees, created by, or arising out of the acts or omissions
of the City of Kennedale, occurring on the drill site or operation site in the course and
scope of inspecting and permitting the oil or gas wells INCLUDING, BUT NOT LIMITED
TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE SOLE
NEGLIGENCE OF THE CITY OF KENNEDALE OCCURRING ON THE DRILL SITE OR
OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING
THE OIL AND GAS WELLS. IT IS UNDERSTOOD AND AGREED THAT THE
INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY
THE OPERATOR TO INDEMNIFY AND PROTECT THE CITY OF KENNEDALE, TEXAS
AND /OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES
FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF KENNEDALE,
TEXAS AND /OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR
EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING
CAUSE OF THE RESULTANT INJURY, DEATH, AND /OR DAMAGE. LIABILITY FOR
THE SOLE NEGLIGENCE OF THE CITY IN THE COURSE AND SCOPE OF ITS DUTY
TO INSPECT AND PERMIT THE OIL OR GAS WELL IS LIMITED TO THE MAXIMUM
AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT.
b. All policies shall be endorsed to read "This policy will-not be cancelled or non - renewed
without thirty (30) days advanced written notice to the owner and the city except when this
policy is being cancelled for nonpayment of premium, in which case ten (10) days advance
written notice is required ".
c. Liability policies shall be written by carriers licensed to do business in Texas and with
companies with a: VIII or better rating in accordance with the current Best Key Rating
Guide, or with non - admitted carriers that have a financial rating comparable to carriers
licensed to do business in Texas, and approved by the city.
Rev. 10/05/2009 RR 14.
DRAFT
d. Liability policies shall name as "additional insured" the city and its officials, agents,
employees, and volunteers. Waivers of subrogation shall be provided in favor of the city.
e. Certificates of insurance must be presented to the city evidencing all coverages and
endorsements required by this section, and the acceptance of a certificate without the
required limits and /or coverages shall not be deemed a waiver of these requirements.
f. Claims made policies will not be accepted except for excess policies.
(2) Required insurance coverage.
a. Commercial general liability insurance.
1. Coverage should be a minimum combined single limit of one million dollars
($1,000,000.00) per occurrence for bodily injury and property damage. This coverage
must include premises, operations, blowout or explosion, products, completed
operations, blanket contractual liability, underground property damage, broad form
property damage, independent contractors protective liability and personal injury.
2. Environmental impairment (or seepage and pollution) shall be either included in the
coverage or written as separate coverage. Such coverage shall not exclude damage to
the lease site. If environmental impairment (or seepage and pollution) coverage is
written on a "claims made" basis, the policy must provide that any retroactive date
applicable precedes the effective date of the issuance of the permit. Coverage shall
apply to sudden and non - sudden pollution conditions resulting from the escape or
release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste
material or other irritants, contaminants or pollutants. Coverage shall be a minimum
combined single limit of one million dollars ($1,000,000.00), per occurrence.
b. Automobile liability insurance. Minimum combined single limit of five hundred
thousand dollars ($500,000.00) per occurrence for bodily injury and property damage.
Such coverage shall include owned, non - owned, and hired vehicles.
c. Worker's compensation insurance. In addition to the minimum statutory requirements,
coverage shall include employer's liability limits of at least one hundred thousand dollars
($100,000.00) for each accident, one hundred thousand dollars ($100,000.00) for each
employee, and a five hundred thousand dollars ($500,000.00) policy limit for occupational
disease, and the insurer agrees to waive rights of subrogation against the city, its officials,
agents, employees, and volunteers for any work performed for the city by the operator.
As an alternative to worker's compensation the operator may provide the equivalent to
employer's liability insurance meeting the requirements of this section.
Rev. 10/05/2009 RR 15
DRAFT
d. Excess (or umbrella) liability insurance. Minimum limit of ten million dollars
($10,000,000.00) covering in excess of the preceding insurance policies.
e. Control of well insurance.
1. Minimum limit of five million dollars ($5,000,000.00) per occurrence.
2. Policy shall cover the cost of controlling a well that is out of control, re- drilling or
restoration expenses, seepage and pollution damage. Damage to property in the
operator's care, custody, and control with a sub -limit of five hundred thousand dollars
($500,000.00) may be added.
(k 1) Security Instrument
(1) A security instrument that covers each well must be delivered to the city before the
issuance of the oil and gas well permit for the well. The instrument must provide that it
cannot be cancelled without at least thirty (30) days prior written notice to the city and, if the
instrument is a performance bond, that the bond cannot be cancelled without at least ten
(10) days prior written notice for nonpayment of the premium. The instrument shall secure
the obligations of the operator related to the well to:
a. Repair damage, excluding ordinary wear and tear, if any, to public streets, including,
but not limited to, bridges caused by the operator or by the operator's employees, agents,
contractors, subcontractors or representatives in the performance of any activity
authorized by or contemplated by the oil and gas well permit.
b. Comply with the insurance and security provisions set forth in this section.
c. Pay fines and penalties imposed upon the operator by the city for any breach of the oil
and gas well permit.
d. Reimburse the city and other public safety service providers for costs incurred in
responding to an incident or emergency event caused by or related to the permit holder's
operations.
(2) The security instrument may be in the form of an irrevocable letter of credit or payment
bond issued by a bank or surety approved by the city. The instrument shall run to the city for
the benefit of the city, shall become effective on or before the date the oil and gas well
permit is issued, and shall remain in effect until the well is abandoned and the site restored.
(3) A certificate of deposit may be substituted for the letter of credit or payment bond. The
certificate shall be issued by a bank in the City of Kennedale, Texas, shall be approved by
the city, shall be payable to the order of the city to secure the obligations of the operator
Rev. 10/05/2009 RR 16
DRAFT
described above, and shall be pledged to the bank with evidence of delivery provided to the
city. Interest on the certificate shall be payable to the operator.
(4) The security instrument may be provided for individual wells or on a "blanket" basis for
multiple wells. The amount of the security shall be a minimum of fifty thousand dollars
($50,000.00) for any single well and a minimum of one hundred thousand dollars
($100,000.00) for multiple wells on a "blanket" basis.
(5) An appeal of the determination of the amount of security required under this section
may be made to the city council for final determination.
(m t) Periodic reports.
(1) The operator shall notify the director of public works and the fire marshal of any
changes to the following information immediately, within one (1) business day after the
change occurs:
a. The name, address, and phone number of the operator;
b. The name, address, and twenty- four -hour phone number of the person(s) with
supervisory authority over drilling or operations activities;
c. The name, address, and phone number of the person designated to receive notices
from the city, which person must be a resident of Texas that can be served in person or by
registered or certified mail; and
d. The operator's emergency action response plan including "drive -to- maps" from public
rights -of -way to each drilling and operation site.
(2) The operator shall provide a copy of any "incident reports" or written complaints
submitted to the railroad commission or any other state or federal agency within thirty (30)
days after the operator has notice of the existence of such reports or complaints.
(3) Beginning on December 31st; after each well is completed, and continuing on each
December 31st thereafter until the operator notifies the city that the well has been
abandoned and the site restored, the operator shall prepare a written report to the city
identifying any changes to the information that was included in the application for the
applicable oil and gas well permit that have not been previously reported to the city.
(o) On -site operation requirements.
(1) A secured entrance gate and a sign shall be required. The sign identifying the entrance
to the drill site or operation site shall be reflective and shall indicate a physical address in
compliance with the fire code, the name and /or number of each well, an emergency contact
Rev. 10/05/2009 RR 1 17
DRAFT
phone number, the oil or gas well permit number, and shall indicate the nature of the
operation, i.e. natural gas well. The fire marshal must approve the size and location of the
sign prior to commencing operations.
(2) Temporary six -foot chain link or approved alternative fences shall be required to
surround drill sites during initial drilling and completion, and shall be locked when no
operations personnel are present.
(3) Permanent cedar fences with masonry columns spaced not less than sixteen (16) feet,
nor more than twenty -four (24) feet surrounding producing sites shall be a minimum of eight
(8) feet in height or higher than the enclosed equipment and shall remain locked at all times
when no one is present. For security purposes, all permanent fencing structures shall have
a wrought iron gate to allow visibility into the well site.
(4) No refining process, or any process for the extraction of products from gas, shall be
carried on at a drill site or operation site, except. that a dehydrator and separator may be
maintained on a drill site or operation site for the separation of liquids from gas. Any such
dehydrator or separator may serve more than one well. All production equipment on an
operation site shall be painted and maintained at all times, including pumping units, storage
tanks, buildings, and structures.
(5) Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" in a
minimum of four -inch lettering shall be posted at the entrance of each drill site and operation
site. The sign shall include the phone number for emergency services (9 -1 -1), the name and
phone number for the operator, and the well designation required by the railroad
commission in twe three -inch lettering.
(6) No person shall place, deposit, or discharge or cause or permit to be placed, deposited,
or discharged any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any
refuse, including wastewater or brine, from any oil or gas operation or the contents of any
container used in connection with any oil or gas operation in, into, or upon any public right -
of -way, storm drain, ditch or sewer, sanitary drain or sewer, any body of water, or any
private property within the corporate limits of the city.
(7) All electric lines to production facilities shall be located underground in a manner
compatible to those required to be installed in the surrounding areas or subdivision and shall
comply with the city building code.
(8) All fire suppression and prevention equipment required by any applicable federal, state,
or local law shall be provided by the operator, at the operator's cost, and maintenance and
upkeep of such equipment shall be the responsibility of the operator.
Rev. 10/05/2009 RR 18
DRAFT
(9) No operator shall excavate or construct any lines for the conveyance of fuel, water, gas
or petroleum liquids on, under, or through the streets or alleys or other land of the city
without an easement or right -of -way license from the city, at a price to be agreed upon, and
then only in strict compliance with this section, with other ordinances of the city, and with the
specifications established by the city.
(10) The digging up, breaking, excavating, tunneling, undermining, breaking up, or
damaging of any public street or leaving upon any public street any earth or other material
or obstruction, is prohibited unless the operator has first obtained written permission from
the city, and then only in compliance with specifications established by the city.
(11) No oil or gas well permit shall be issued for any well to be drilled within any of the
streets or alleys of the city and /or streets or alleys shown by the comprehensive land use
plan, and no street shall be blocked or encumbered or closed due to any exploration,
drilling, or production activities unless prior consent is obtained from the city, and then only
temporarily.
(12) All fences and gates shall be secured to prevent unauthorized public access to the site
and /or equipment. This includes, but is not limited to the following:
a. Securing any permitted temporary fencing to the ground;
b. Installing a knox box rapid entry system or padlock, and providing the fire marshal with a
master key to all padlocks and gate locks, or providing twenty- four -hour on -site security
personnel with access keys.
(13) All private roads and drives to the drilling and operation site must be constructed or
sufficiently improved to meet fire apparatus access road standards, as defined by the fire
code.
(14) Fracturing operations must comply with all regulations and standards established by
the Environmental Protection Agency, the Railroad Commission of Texas, and any other
appropriate local, state or federal agency.
(15) Temporary compressor for each well shall be classified as temporary for six (6) months
for noise and screening regulation purposes. Compressors shall be classified as permanent
thereafter and shall be required to meet noise and screening requirements for permanent
compressors.
a. Sound blankets shall be permitted for noise abatement on temporary compressors.
b. No sound blankets shall be permitted for permanent compressors. All acoustical
structures for permanent compressors must be constructed of permanent material
Rev. 10/05/2009 RR 19
DRAFT
constructed of metal, masonry or other structurally sound material in compliance with the
zoning district regulations, for compatible use.
(16) All facilities used for parking, loading, unloading, driveways and all other vehicular
access to each drill site, operation site, and gathering station or compressor station shall be
constructed of concrete, asphalt, or an alternative equivalent strength, solid, dust -free
surface which complies with all Fire Code standards, provided that the drive approach from
the street be constructed of concrete. The surface for such facilities and drive approach
must always be maintained in good condition and repair. Facilities and drive approaches
must be constructed and maintained in compliance with the City of Kennedale Public Works
Design Manual
(17) A vehicular access gate for the drill site shall be located within seventy -five (75) feet of
the public road connecting to the drill site.
(p) Operations and equipment practices and standards.
(1) Adequate nuisance prevention measures shall be taken to prevent or control offensive
odor, fumes, dust, noise and vibration.
(2) No person shall permit any lights located on any drill or operation site to be directed in
such a manner so that they shine directly on public roads, adjacent property or property in
the general vicinity of the operation site. To the extent practicable and taking into account
safety considerations, site lighting shall be directed downward and internally so as to avoid
glare on public roads and adjacent dwellings and buildings within three hundred (300) feet.
(3) The operator shall at all times comply with the rules and regulations of the railroad
commission including, but not limited to all applicable field rules.
(4) Internal combustion engines may be used in drilling and producing operations if they
have mufflers that will reduce noise to not more than seventy (70) decibels at any point
three hundred (300) feet from the boundary of the drill site or operation site and prevent the
escape of noxious gases, fumes or ignited carbon or soot The noise level during fracing
drilling, production, or other operations shall reduce the noise to not more than seventy (70)
decibels at any point three hundred (300) feet from the boundary of the drill site or operation
site. If noise levels at a distance of three hundred (300) feet exceed seventy (70) decibels, a
sound reduction enclosure shall be required around a drilling rig and any internal
combustion engines. Only electric motors shall be used for the purpose of pumping oil wells.
Electric motors shall be used for compressors located at gas well sites.
Rev. 10/05/2009 RR 20
DRAFT
The noise level between 7:00 p.m. and 8:00 a.m. shall not exceed sixty (60) decibels at any
point within three hundred (300) feet from the boundary of the drill site or operation site.
(5) In parallel to gas gathering pipeline, a flow back line shall be installed to handle water
and gas flow back following well fracture treatment.
(6) Vehicles, equipment, and machinery shall not be placed or located on a drill site or
operation site or on any public street, alley, driveway, or other public right -of -way in such a
way as to constitute a fire hazard or to unreasonably obstruct or interfere with fighting or
controlling fires.
(7) Well servicing operations shall be scheduled to occur between the hours of 8:00 a.m.
and 7:00 p.m. only.
(8) Air, gas, or pneumatic drilling shall not be permitted.
(9) For vehicular safety reasons, the operator shall immediately notify the city of any
substantial accumulations of dirt, dust, mud or other debris deposited on city thoroughfares
by vehicles involved in the well drilling or servicing or pipeline installation process. If for
safety reasons, the city elects to perform the removal, the cost of such removal shall be paid
by the operator.
(10) The drilling rig and associated drilling equipment shall be. removed from the well site
within thirty (30) days of the completion of the well or drilling activities.
(q) Storage tanks and separators.
(1) An operator is allowed to construct, use, and operate such storage equipment and
separation equipment as shown on the application for the oil and gas development site plan.
(2) The use of centralized tank batteries is permitted as shown on the applicable
development site plan.
(3) No meters, storage tanks, separation facilities, or other above ground facilities shall be
placed in the one - hundred -year floodplain.
(r) Flow lines and gathering lines.
(1) Each operator shall place an identifying sign at each point where a flow line or
gathering line crosses a public street or road.
(2) Each operator shall place a warning sign for lines carrying H2S (Hydrogen Sulfide) gas
as required by the railroad commission. If a gas field in the city is identified as a H2 S gas
field the operator shall be required to cease operations.
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(3) All flow lines and gathering lines within the corporate limits of the city (excluding city
utility lines and franchise distribution systems) that are used to transport oil, gas, and /or
water shall be limited to the maximum allowable operating pressure applicable to the pipes
installed and shall be installed with at least the minimum cover or backfill specified by the
American National Safety Institute Code, as amended.
(4) Easements must be acquired for all flow lines, gathering lines and flow back lines. The
location of easements shall be shown in a pipeline easement map approved by the zoning
board of adjustment prior to the installation of any pipelines.
(5) Structures shall not be built over flow lines or gas gathering pipelines.
(6) The location of all pipelines must be marked with warning signs in accordance with
industry standards. Within the City of Kennedale, the distance between such signs shall not
exceed five hundred (500) feet. In addition, during backfill of pipeline excavations, "buried
pipeline" warning tape shall be buried one foot above the pipeline to warn future excavators
of the presence of buried pipeline.
(s) Additional safety and environmental requirements.
(1) The drilling and production of oil and gas and accessing the oil or gas well site shall be
in compliance with all state and federal environmental regulations and shall not occur within
environmentally sensitive areas designated by the Corps of Engineers.
(2) Oil and gas wells may have a target location or bottom -hole location that is under an
environmentally sensitive area when the oil or gas well is drilled directionally from a location
outside the environmentally sensitive area.
(3) Each producing well shall be equipped with an automated valve that closes the well in
the event of an abnormal change in operating pressure. All wellheads shall contain an
emergency shut off valve to the well distribution line.
(4) Each storage tank shall be equipped with a level control device that will automatically
activate a valve to close the well in the event of excess liquid accumulation in the tank.
(5) Storage tank facilities shall be equipped with a secondary containment system including
lining with an impervious material. The secondary containment system shall be of a
sufficient height to contain one and one -half (1 1/2) times the contents of the largest tank in
accordance with the Fire Code, and the impervious liner shall be covered with at least one
foot of sand. Drip pots shall be provided at pump out connections to contain the liquids from
the storage tank.
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(6) Tank battery facilities that contain flammable liquid shall be equipped with a remote
foam line utilizing a two and one -half inch (2.5) National Standard Hose Thread female inlet
connection in locations approved by the fire marshal. The remote foam lines connection
must be located no closer than one hundred fifty (150) feet to the area(s) being protected,
which location must be approved by the fire marshal.
(7) An approved hazardous materials management plan shall be on file with the fire
department. The costs of cleanup operations due to hazards associated with a well site shall
be the responsibility of the operator.
(8) All wells shall be abandoned in accordance with the rules of the railroad commission;
however, all well casings shall be cut and removed to a depth of at least ten (10) feet below
the surface. All wells and pipelines shall be abandoned in accordance with Section (v) of
this oridnance.
(9) No structures shall be built over an abandoned well.
(10) No saltwater disposal wells shall be located within the City of Kennedale.
(11) A " i m" ervious lining of all p u ts shall he reg6iiFed A closed loop mud system shall be
required for all drilling and reworking operations for all gas wells. Drillinq mud, cuttings,
liquid hydrocarbons and all other field waste derived or resulting from or connected with the
drilling, re- working or deepening of any well shall be discharged into a closed loop mud
system. All disposals must be in accordance with the rules of the Railroad commission and
any other appropriate local, state or federal agency. Wells permitted before approval of this
ordinance fOR SPECIFY DATEI may use reserve pits. An impervious lining of all pits to
prevent water pollution shall be required.
(12) A fire hydrant must be located within six hundred (600) feet of the well. If a fire hydrant
is located further than six hundred (600) feet from the well, special provisions for water
supply may be required by the fire marshal. This may include, but is not limited to, the
provision of specialized fittings to connect fire hoses to water tankers.
(13) The fire marshal must be notified a minimum of twenty -four (24) hours in advance of
any explosives being transported onto, used on or transferred off of the site. Storage of any
explosives on -site for longer than twenty -four (24) hours is prohibited. Transportation
handling and use of explosives shall comply with all ATF (Federal Bureau of Alcohol,
Tobacco, Firearms and Explosives) and fire code requirements.
(14) A lightning arrestor system shall be installed according to the most current edition of
the National Electric Code.
Rev. 10 /05 /2009 RR 23
(1 b) Flaring or burning of gas or petroleum of any kind after the well is in production is
Prohibited. Temporary flaring or burning to accommodate public safety may be performed
but only when approved by the fire marshal. Appropriate public notice for planned and
unplanned flaring events must be given to designated city staff. Operators shall notify the
city forty -eight (48) hours before planned flaring begins and should provide an estimate of
how long flaring is expected to last. Operators must notify the city within three (3) hours of
discovery of a situation that calls for unplanned flaring to accommodate public safety.
(16) Platting, Development or Redevelopment near existing oil or gas wells.
a. Plat Statement
When an existing oil or gas well is located on the subject property to be platted, all plats
must contain a statement that no building, not necessary to the operation of an oil or gas
well, shall be constructed within three hundred (300) feet from any existing oil or gas well.
If, upon appeal to the Planning and Zoning Commission and the City Council, a variance for
a lesser distance is approved, the statement shall reflect the distance granted by the
Plannina and Zonina Commission and the Citv Council.
The plat statement note shall read as follows:
BUILDING CONSTRUCTION DISTANCE LIMITATION TO AN OIL OR GAS WELL BORE
Pursuant to the Kennedale City Code, no building(s) not necessary to the operation of an oil
or gas well shall be constructed within 300 feet (or distance granted by Planning and Zoning
Commission and City Council variance) from any existing oil or gas well bore. The distance
shall be measured in a straight line from the well bore to the closest exterior point of the
building, without regards to intervening structures or objects.
b. Well Identification and Impact Statement
When an existing or permitted oil or gas well is located on the property to be platted, all plats
affected by this requirement must show and identify those lot(s) and /or adjoining un- platted
tracts of land that are within three hundred (300) feet of an existing oil or gas well bore
located on the property being platted or re- platted. They shall further contain a notation that
said properties may be impacted by current or future operations associated with drilling,
production, maintenance, re- working, testing, or fracture stimulation of the well.
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c. Affidavit
When an existing oil or gas well is located on the subject property to be platted, all Plats
affected by these regulations must be accompanied by an affidavit signed by the property
owner and filed in the deed records of the county in which the property is located. Said
affidavit shall include the following information:
1. The location of the bore hole of all existing oil and gas wells located on the subject
property as shown on the plat filed in Cabinet , Slide in the Plat
Records, County, Texas.
2. All Lot(s) and /or adjoining un- platted tracts of land that are located within 300 feet of
the well, as measured in a straight line, from the well bore, to the closest exterior point of the
building, without regard to intervening structures or objects.
3. That said lot(s) and /or adjoining un- platted tracts of land may be impacted by any
one or more of the following: noise, vibration, lights, traffic, equipment, or other operations
that may be due to current or future drilling, production, maintenance, re- working, testing, or
fracture stimulation of the well.
d. Platting or Subdivision Near Existing Pipelines
In all cases in which one or more residential lots in a proposed subdivision are crossed or
come by or come within 100 feet of any existing oil or gas pipeline or pipeline easement, the
subdivider shall prior to and as a condition of city approval of the subdivision, execute the
following waiver and hold harmless agreement, which shall be duly acknowledged in the
manner provided by law, and which shall thereafter be recorded in the appropriate deed or
other permanent county records:
"(Subdivider Name), by and through its duly undersigned and authorized officer, does
hereby state that it fully realizes that it is applying for a permit from the City of Kennedale to
build within one hundred feet (100') of an existing oil or gas pipeline or pipeline easement,
and that the City of Kennedale considers building near such pipeline or pipeline easement to
have certain inherent dangers, including, but not limited to, explosion and release of
noxious, toxic and flammable substances. For the aforementioned reasons, (Subdivider
Name) does hereby RELEASE and agrees to forever HOLD HARMLESS the City of
Kennedale, Texas, its officers, officials, employees, successors and assigns from all liability
Rev. 10/05/2009 RR 25
DRAFT
in any way arising from the building, use or habitation of structure described in the said
permit."
e. Notation on development plan and plat
In all cases in which one or more residential lots in a proposed subdivision are crossed or
come by or come within one hundred feet (100') of any existing oil or gas pipeline or pipeline
easement, the subdivider shall provide a note on the face of the development plan and
record plat stating that the subdivision is crossed or is located within one hundred feet (100')
of an existing oil or gas pipeline.
(t) Supplemental drilling.
(1) Supplemental drilling to deepen or directional drill an existing well shall be conducted in
accordance with the conditions for the applicable special exception. The operator shall
provide the city with a copy of additional railroad commission permits that allow drilling to a
deeper depth.
(2) Supplemental drilling to deepen or directional drill an existing well shall be conducted in
accordance with the approved oil and gas well permit for the well on file with the city.
(u) Reworking of well; notice.
Any person who intends to rework a well using a drilling rig, to fracture stimulate a well after
initial completion, or to conduct seismic exploration involving explosive charges shall give
written notice to the city at least ten (10) days before the activities begin. The notice shall
identify where the activities will be conducted and shall describe the activities in reasonable
detail, including but not limited to the duration of the activities and the time of day they will
be conducted. The notice must also provide the address and twenty- four -hour phone
number of the person conducting the activities. The person conducting the activities will post
a sign on the property giving the public notice of the activities, including the name, address,
and twenty- four -hour phone number of the person conducting the activities.
(v) Abandonment of wells and pipelines.
(1) Abandonment of wells. Upon abandonment of a well or well site, within sixty (60) days,
the well shall be plugged in accordance with the Texas Railroad Commission standards, the
site shall be cleaned and cleared of all equipment, holes or excavations filled, and the land
graded and returned to its original condition including replanting of vegetation to match the
Rev. 10/05/2009 RR 26
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surrounding area. All well casings shall be cut and removed to a depth of at least ten (10)
feet below the surface.
(2) Abandonment of pipelines. Upon abandonment of a pipeline, within sixty (60) days of
abandonment, a pipeline must be purged and plugged in accordance with the rules and
regulations of the State of Texas in effect at that time.
(w) Remedies of the city.
(1) If an operator (or its officers, employees, agents, contractors, subcontractors or
representatives) fails to comply with any requirement of an oil and gas well permit (including
any requirement incorporated by reference as part of the permit), the city shall give written
notice to the operator specifying the nature of the alleged failure and giving the operator a
reasonable time to cure, taking into consideration the nature and extent of the alleged
failure, the extent of the efforts required to cure, and the potential impact on the health,
safety, and welfare of the community. In no event, however, shall the cure period be less
than thirty (30) days unless the alleged failure presents a risk of imminent destruction of
property or injury to persons or unless the alleged failure involves the operator's failure to
provide periodic reports.
(2) If the operator does not cure the alleged failure within the time specified by the city, the
city may notify the railroad commission and request that the railroad commission take
appropriate action (with a copy of such notice provided to the operator), and the city may
pursue any other remedy available under this section.
(3) If the operator does not cure the alleged failure within the time specified by the city, the
city manager may:
a. Suspend the oil and gas well permit until the alleged failure is cured; or
b. Revoke the oil and gas well permit if the operator fails to initiate and diligently pursue a
cure.
(4) The operator may appeal a decision to suspend or revoke the oil and gas well permit, to
the city council.
(5) In lieu of or in addition to availing itself of the remedies set forth in this subsection, the
city may pursue the filing of a criminal complaint in the municipal court for violation of this
section in accordance with subsection (y) below.
(x) Enforcement, right of entry. City staff is authorized and directed to enforce this section and
the provisions of any oil and gas well permit. Whenever necessary to enforce any provision of
Rev. 10/05/2009 RR 27
this section or a gas well permit, or whenever there is reasonable cause to believe there has
been a violation of this section or an oil and gas well permit, city staff may enter upon any
property covered by this section or an oil and gas well permit at any reasonable time to inspect
or perform any duty imposed by this section. If entry is refused, the city shall have recourse to
every remedy provided by law and equity to gain entry.
(y) Penalty.
(1) It shall be unlawful and an offense for any person to do the following:
a. Engage in any activity not permitted by the terms of an oil and gas well permit issued
under this section;
b. Fail to comply with any conditions set forth in an oil and gas well permit issued under
this section; or
c. Violate any provision or requirement set forth under this section.
(2) Any violation of this section shall be punished by a fine of not more than two thousand
dollars ($2,000.00) per day, subject to applicable state law. Each day a violation occurs
constitutes a separate violation.
(Ord. No. 271, § 1, 3- 11 -04; Ord. No. 271, § 1, 3- 11 -04; Ord. No. 343, §§ 1 - -11, 10- 12 -06;
Ord. No. 373, §§ 2 - -4, 8 -9 -07)
Editor's note: Prior to the reenactment of § 17 -426 by Ord. No. 271, Ord. No. 108, § 5,
adopted Oct. 10, 1996, repealed § 17 -426 which pertained to sexually oriented businesses and
derived from Ord. No. 40, adopted Sept. 9, 1993. Similar provisions can be found in §§ 11 -201 --
11 -224.
Article V. Subdivision Regulations.
Division 9. Technical Specifications for Plat Drawings.
Sec. 17 -299. Requirements for all plat drawings.
(19) Platting, Development or Redevelopment near existing oil or pas wells. All plat
drawings shall adhere to the regulations under Sec. 17- 426(s)(16) of the Kennedale city
code.
Rev. 10/05/2009 RR 28
Date:
April 3, 2010
Regular Meeting Agenda Item
No: IV
Subject:
Update on city projects
Originated by:
Rachel Roberts, Planner
Summary:
At the meeting, staff will provide information about city projects, including progress on
upcoming road projects.
Event Reminders:
Art in the Park will be held on April 16, 17, and 18. A schedule of events is available at the
events website, http:// www.kennedaleartsfestival.com /
The ground- breaking for Kennedale TownCenter will be held on Saturday, April 24.
We hope you will attend both events!
I
0
7
Date:
April 3, 2010
Regular Meeting Agenda Item
No: IV
Subject: Update on city projects
Originated by:
Rachel Roberts, Planner
Summary:
At the meeting, staff will provide information about city projects, including progress on
upcoming road projects.
Event Reminders:
Art in the Park will be held on April 16, 17, and 18. A schedule of events is available at the
events website, http:// www.kennedaleartsfestival.com /
The ground - breaking for Kennedale TownCenter will be held on Saturday, April 24.
We hope you will attend both events!