07.15.2010 PZ PacketAGENDA
PLANNING & ZONING COMMISSION
JULY 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. Form -based Codes
B. Sandwich Board Signs
C. Guarantees and Maintenance Bonds for Subdivisions
D. List of Items for Future Consideration
a. Green / Environmental Regulations
b. Bowman Springs
C. Incompatible Zoning Districts / Properties
d. Storm Water Ordinances and Creek Ordinances
e. Comprehensive Land Use Plan
f. Salvage Yard Ordinance
g. Overlay Zoning District
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. Case PZ 10 -07 to consider and receive comments regarding a request for a replat of
that portion of Municipal Drive vacated by City of Kennedale Ordinance No. 453, being
approximately 0.739 acres of land located in the Canzada Rose Survey, A 1285, City of
Kennedale, Tarrant County, Texas and of approximately 0.9998 acres located on Kennedale
Pkwy, more particularly described as Kennedale Retail Center Addition Block A Lot 8, City of
Kennedale, Tarrant County, Texas. The replat is requested by the City of Kennedale.
A. Staff Presentation
B. Public Hearing
C. Staff Response and Summary
D. Action on Agenda Item III
Page 1 of 2
IV. Case PZ 10 -08 to receive comments and consider action to amend Chapter 17, Division 2 of
the Kennedale city code, by revising the subdivision regulations governing plats.
A. Staff Presentation
B. Public Hearing
C. Staff Response and Summary
D. Action on Agenda Item IV
V. MINUTES
Approval of minutes from the June 17, 2010 Planning & Zoning Commission meeting
VI. STAFF REPORTS
Update on City Projects
VII. ADJOURNMENT
Page 2 of 2
IV. Case PZ 10 -08 to receive comments and consider action to amend Chapter 17, Division 2 of
the Kennedale city code, by revising the subdivision regulations governing plats.
A. Staff Presentation
B. Public Hearing
C. Staff Response and Summary
D. Action on Agenda Item IV
V. MINUTES
Approval of minutes from the June 17, 2010 Planning & Zoning Commission meeting
VI. STAFF REPORTS
Update on City Projects
VII. ADJOURNMENT
Page 2 of 2
NOTICE OF MEETING
KENNEDALE PLANNING & ZONING COMMISSION
KENNEDALE, TEXAS
Notice is hereby given that a Work Session will be held by the Planning &
Zoning Commission of the City of Kennedale, Texas at 6:00 P.M., and a
Regular Meeting and Public Hearing will be held at 7:00 P.M., on the 15 day of
July 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 th day of July 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 July 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 th day of July 2010.
B yJ:(A
Rachel Roberts
Planner
June 18, 2010
Rochin, Diana
505 Municipal Dr
Kennedale Tx 76060
Dear Rochin, Diana,
The Kennedale Planning and Zoning Commission will conduct a public hearing on
Thursday, July 15, 2010 at 7:00 PM in the City Hall Council Chambers at 405 Municipal
Drive, to receive comments relative to a request for a replat of the property described below.
CASE # PZ 10 -07 to consider and receive comments regarding a request for a
replat of that portion of Municipal Drive vacated by City of Kennedale Ordinance
No. 453, being approximately 0.739 acres of land located in the Canzada Rose
Survey, A 1285, City of Kennedale, Tarrant County, Texas and of approximately
0.9998 acres located on Kennedale Pkwy, more particularly described as
Kennedale Retail Center Addition Block A Lot 8, City of Kennedale, Tarrant
County, Texas. The replat is requested by the City of Kennedale.
The public hearing was originally scheduled for June 17 but was has been
postponed until July 15.
This is not a summons to appear at the public hearing, but if you attend the hearing, you
will have the opportunity to speak either for or against the request.
If you have any questions, please call me at (817) 985 -2135 or send an email to
rroberts@eityofkennedale.com.
Sincerely,
Rachel Roberts
Planner
405 Municipal Drive www.cityofkennedale.com PH 817.985.2130
Kennedale, TX 76060 FX 817.483.0720
Staff Report
to the Members of the Planning & Zoning Commission
Date:
July 9, 2010
Work Session Item Number:
I -A
Subject: I Form -based codes
Originated by: ( Rachel Roberts, Planner
Bob Hart will attend this part of the meeting to talk about the plans for redeveloping the
southwestern areas of the city.
Form -based codes will likely be included in the discussions during the comprehensive
plan update process. We hope to kick -off the update process later this year. Although
the update process won't be used to create the regulating plan for a form -based code,
the updated plan will need to be drafted in a way that allows for form -based codes to be
established.
Staff Report
to the Members of the Planning & Zoning Commission
Date: I July 5, 2010
Regular Meeting/Public Hearing
Item No: I -B
Subject: I Sandwich Board Signs
Originated by: I Rachel Roberts, Planner
Background.
As the P &Z Commission has noted, sandwich board signs can make a positive
contribution to sense of place, when designed and maintained well and when located
correctly; however, they can also be quite junky. They can also block public right -of -way
and in some (probably rare) instances, if not secured properly, could become a safety
hazard.
Our regulations do not require permits for sandwich board signs.
Discussion.
The city might consider allowing sandwich board signs under the following conditions
only:
• In TownCenter and for commercial businesses located in commercial zoning
districts along Kennedale Parkway within a % mile [or another distance that
makes sense] of TownCenter
• With a permit that may be revoked for non - compliance, and which must be
renewed annually. The permit fee could be set at a low rate, such as for garage
sale permits and business licenses.
Limiting sandwich board signs to particular areas makes it easier to regulate [at least
in theory], as any sandwich board sign spotted elsewhere could be picked up by our
code enforcement office without his having to check for a permit —if it's outside the
designated area, it's not permitted. Moreover, the TownCenter and surrounding area is
slowly being redeveloped to have more of a downtown atmosphere, and sandwich board
signs are appropriate for downtown areas, more so than for other parts of a city.
Enforcement.
Our code compliance officer says the biggest issue with enforcing the sandwich
board sign regulations is that the businesses are supposed to bring the signs inside after
hours, but they close after city hall has closed, so unless we ask him to stay late or come
in on weekends, he can't cite for violations. He has no objection to staying late some
evenings or working weekends to check for violations if the city wants him to do so.
Some cities ban sandwich board signs, but this can also be difficult to enforce.
Staff Report
to the Members of the Planning & Zoning Commission
Date:
July 5, 2010
Work Session Item Number: I -C
Subject: Guarantees and Maintenance Bonds for Subdivisions
Originated by: Rachel Roberts, Planner
In the June P &Z meeting, the Commission asked me to research maintenance
bond extensions and the percentage for them to cover.
Our current maintenance bond requirements have the following timeline:
• the developer secures a public works construction permit;
• the developer constructs the improvements;
• the city inspects the improvements during construction;
• if approved, a 2 -year maintenance bond is secured by the developer,
improvements are accepted, and building permits may be issued.
Two options that seem promising for extending the period covered by
maintenance bonds are shown below. One is for subdivision improvements in Kerr
County, Texas, and the other is for stormwater improvements in Kitsap County, WA.
Both examples provide for extensions and a minimum build -out requirement.
The Kerr County regulations shown below have been revised; the newer
regulations do not include a build -out requirement and do specify a period for how long
the maintenance bond may be extended (6 months).
In the examples below, the parts dealing with extensions and build -out requirements are
underlined.
EXAMPLE 1
Kerr County, TX Subdivision Regulations
9.02 Maintenance Bond: The developer shall also file agreement in
writing to provide a maintenance bond for two (2) years prior to final
subdivision plat. Subdivider shall [furnish] the County a bond, executed by
a surety company holding a license to do business in the State of Texas,
and acceptable to the County, in an amount equal to ten percent (10 %) of
the total cost of the streets, curbs, sidewalks and drainage improvements
required to be constructed in said subdivision, as estimated by the design
Engineer and approved by the County, conditioned that upon completion
thereof, and upon approval of...
9.04 Maintenance Bond Extension: The County may extend the period
of time in 9.02 that the developer is responsible for maintenance of a
road in a subdivision, until such time a minimum of 20% of the lots in the
subdivision are developed and with people living in them
EXAMPLE 2
Kitsap County, WA
12.12.060 Maintenance bonds.
A maintenance bond is required for residential plats /PUD's and other
projects for which maintenance of the storm water facilities and /or roads
is ultimately to be taken over by the county.
Prior to the final approval of construction and release of any performance
i
sureties, a maintenance bond must be posted and maintained by the
project owner for a period of two years. The maintenance bond shall
guarantee the storm water facilities and roads constructed under permit
against design defects and /or failures in workmanship, and shall
guarantee that the facilities constructed under the permit will be regularly
and adequately maintained throughout the maintenance period. At the
end of this time, the county will inspect the system and, when the facility
is acceptable and eighty percent of the lots in that phase have been
improved, the county will take over the maintenance and operations of the
system. In the event that eighty percent of the lots in a residential
development have not been improved by the end of the two -year
maintenance period, the maintenance bond may be extended, subject to
the approval of the director, for one additional year
(Ord. 199 (1996) § 4.40, 1996)
I prefer the more open -ended statement in Kerr County's earlier subdivision
regulations, but developers may find it easier to secure maintenance bonds if there is a
specified timeframe that would allow for a certain amount of predictability. It may serve
the Commission's purpose to say something to the affect that the extensions may be
renewed annually for a total maintenance bond period of up to five years, or until such
time as eighty percent of the lots are built -out, whichever is sooner.
We are still researching this issue and hope to find other relevant examples
before the meeting.
Staff Report
To the Members of the Planning and Zoning Commission
Date: July 9, 2010
Work Session Agenda Item No: I -D
Subject: List of Items for Future Consideration
Originated by: Rachel Roberts, Planner
The intent of this Agenda Item is to maintain 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.
a. Green /Environmental Regulations
b. Bowman Springs
c. Incompatible Zoning Districts /Properties
d. Storm Water Ordinances and Creek Ordinances
e. Comprehensive Land Use Plan
f. Salvage Yard Ordinance
g. Overlay Zoning District
E
Staff Report
to the Members of the Planning & Zoning Commission
Date:
July 9, 2010
Regular Meeting/Public Hearing III
Item No:
Subject: Case PZ 10 -07
Originated by: Rachel Roberts, Planner
Case PZ 10 -07 to consider and receive comments regarding a request for
a replat of that portion of Municipal Drive vacated by City of Kennedale
Ordinance No. 453, being approximately 0.739 acres of land located in
the Canzada Rose Survey, A 1285, City of Kennedale, Tarrant County,
Texas and of approximately 0.9998 acres located on Kennedale Pkwy,
more particularly described as Kennedale Retail Center Addition Block A
Lot 8, City of Kennedale, Tarrant County, Texas. The replat is required by
the City of Kennedale.
Background and Overview of Property.
Most of Municipal Drive was abandoned by the city earlier this year as part of the
TownCenter project, with the intention to use the abandoned road for parking. The
regulations of TownCenter's Municipal Management District required the street to be
closed in order for the MMD to spend funds on the parking project. Replatting the
abandoned road into Lot 8 allows that land to become part of the Kennedale Retail
Center Addition and the TownCenter project.
Plat drawing and Other Requirements.
The land is served by existing utilities and will have access to a public street
when the fire lane along the north side of Lot 8 is dedicated for public access.
Staff finds no conflict with the comprehensive land use plan.
The plat drawing was not yet finished in time to be included with your packets, so
I have added this case as a work session item on the agenda, to provide time to review
the plat drawing before the public hearing.
Recommendation.
Staff recommends that the Commission recommend approval of Case PZ 10 -07.
NOTE:
This plat request may be withdrawn again. We've had some complications with the plat
drawing related to easements and to transferring ownership of the property (from the
KEDC to the City), and these are taking longer to resolve than we thought they would.
Staff Report
to the Members of the Planning & Zoning Commission
Date:
July 8, 2010
Regular Meeting/Public Hearing
Item No: N
Subject: Case PZ 10 -08
Originated by: Rachel Roberts, Planner
CASE # PZ 10 -08 to receive comments and consider action to amend
Chapter 17, Division 2 of the Kennedale city code, by revising the
subdivision regulations governing plats.
This case is a follow -up to the public hearing to amend the oil and gas ordinance.
The proposed amendments included language affecting plats. The subdivision
ordinance therefore needs to be amended to ensure that the platting process includes
the necessary language concerning oil and gas wells.
The proposed amendments are included with the report as Exhibit A; they have
not yet been reviewed by the city attorney. If the Commissions recommends approval of
the amendments, the city attorney will review the proposed amendments and may make
some minor adjustments to them before they are sent to city council. In addition, the
proposed amendments have been modified from previous Commission discussions to
reflect comments from the recent city council hearing on proposed amendments to the
oil and gas ordinance.
Staff Report
to the Members of the Planning and Zoning Commission
Date: July 7, 2010
Regular Meeting Agenda Item
No: VI
Subject: Update on city projects
Originated by: Rachel Roberts, Planner
The proposed amendments to the oil and gas ordinance are scheduled to be
considered at the August city council meeting. The public hearing was held last month, so
the in the August meeting, the amendments will be considered for approval.
At the meeting, staff will provide information about other city projects, including
progress on road projects.
ommunity Services - Regional Training Center - NCTCOG.org
Planning and Zoning Series
Description:
The North Central Texas Council of Governments is offering a certificate in
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professional development in Planning and Zoning. The objective of this two -day
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CPD series is to provide a detailed overview of planning and zoning in Texas and
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is designed to address practical issues in zoning and land development. It is
geared to planning and zoning commissioners as well as members of zoning
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subdivision regulation, impact fees, economic development, and legal issues
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course will receive NCTCOG's Certificate of Professional Development in
Planning and Zoning. Participants also will receive a detailed book on land use in
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Learning Objectives:
• The Role of the Commissioner
• Zoning
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• Comprehensive Planning
• Subdivision Regulation /Site Planning and Review
• Growth Management
• Economic Development
Date:
August 5 -6, 2010, 9:00 am to 4:00 pm
Location:
RTC Classroom A (Police Academy Building)
Cost:
$260
Instructor:
Brown /Hofineister LLP
Special Instructions:
TCLEOSE and Fire Commission Credit
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of 2 7/9/2010 1:25 PM
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Date:
Saturday,
August 14, 2010
Time:
8:00 a. m. to 1: 30 p. m.
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Venue:
McKinney City Hall
222 N. Tennessee Street
McKinney Texas 75069
Every year since its inception in 2003, the City of McKinney Planning Department has,
organized a Small Town Planning Workshop. The focus of this year's workshop is on planning
issues concerning small towns, especially the challenges associated with increased growth
combined with possible reductions in revenue. Questions on how to establish and maintain a
distinctive "sense of place" and how to create a high quality of life for our citizens are
paramount. This year, the attendees will be given a choice of topic during one session to
allow each attendee to customize the workshop to meet specific needs.
Be sure to mark your calendars! More information and registration coming soon.
2010 Topics:
SESSION 1: Economic Development: We Want It and How to Get It
SESSION 2: (choose one)
2A - Basics of Planning and Zoning Review (designed for new Commissioners)
2B - Preserving Small Town Values. in Today's New Economy
2C - Basics of Annexation
Lunch on your own (in the historic downtown square)
SESSION 3: Open Meetings Act
(Satisfies state training requirement for elected and
appointed officials. A certificate of completion will be
provided to you following the session)
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INTEROFFICE MEMORANDUM
TO: P& Z COMMISSIONERS
FROM: RACHEL ROBERTS
SUBJECT: OIL & GAS ORDINANCE
DATE: 7/9/2010
CC: JAMES COWEY, BOB HART
Dear P &Z Commissioners,
As a follow -up to my email about the status of the amendments to the oil and gas
ordinance, I'm sending to you a list of the suggested changes to the amendments that will be
presented to city council for consideration at the August meeting. If you have any questions
or concerns about the proposed changes, please let me know, and I will be glad to include
them with my staff report to the council.
Proposed changes:
1. Removed floodplains and floodways from the 600' distance requirement but
added a requirement that no drilling, production, or compressor station will be permitted
within the 500 -year floodplain
2. Add "or compressor station" to section describing gathering station distance
requirements, just to be clear to operators
3. Changed distance from compressor station and gathering station to 2000'
4. Added statement that no drilling, production, or compressor station shall be
permitted within four thousand five hundred (4500) feet of an existing gas well, except that
existing pad sites may be expanded so that different operators may share space at the same
pad site ( "co- location "). Co- locations must have a common drive, common sound walls,
and commons screening.
5. Changed "variance" to "special exception" in the section on distance waivers
6. Changed plat statement section from "variance" to "special exception" and from
P &Z and council to BOA
7. Changed "director of development services" to "director of public works" under
the section on road repair agreements
8. Added a statement that if averaging is used to measure sound levels, time periods
for averaging shall not exceed three minutes.
9 Corrected daytime hours for sound levels (8 am to 7 pm)
10. Changed air sampling time section to read as follows: Operators will be assessed
a fee at time of permitting to cover the cost of air sampling and shall pay an annual fee each
year thereafter to cover additional sampling if required by the city.
11. Added statement that if a well site is adjacent to a planned stormwater drainage
detention /retention pond, a frac pond may be required to be constructed, and if required,
shall be consistent with the city's drainage and stormwater plan.
12. Added a statement that oil and gas wells are considered an industrial use; hence,
adequate fire flow is necessary for public safety. The extension of water lines shall be done
consistent with the city's water line extension policy. The operator shall install, at its own
expense, a sufficient number of fire hydrants to provide fire protection service to the drill
site. The fire hydrant system shall be designed according to the specifications contained in
the city's design manual and approved by the fire chief. Fire hydrants shall be located within
a five hundred (500) foot hose lay of fire department connections to the protection
system(s).
13. Added a statement that when four (4) or fewer waivers are required, if all but one
(1) property owners agree in writing to permit drilling or production within the reduced
distance, then the operator may apply to the Board of Adjustment for a special exception
from the requirement that all affected property owners must agree in writing. [in addition to
2
the 80% rule, because if there are four or fewer property owners, the operator would never
reach 80% if there was one property owner objecting]
14. Changed the section requiring a pipeline easement map to read as follows:
"Applications for oil and gas well permits shall include a pipeline route map indicating the
location of the nearest gathering station and the alignment of the pipehne(s) connecting the
operation site to the gathering station and shall include a written acknowledgement from the
pipeline company and a copy of the license agreement between the pipeline operator and the
city. No deviations from the pipeline route shall be permitted without prior approval from
the city."
15. Amended Section 17 -426(f (1) to read: "(1) The development site plan shall
provide for adequate temporary sanitation facilities, fire suppression facilities approved by
the city fire chief, access roads, drainage, erosion control and other necessary supporting
facilities identified on the development site plan. "
16. Amended Section 17 -4260 by adding subsection (7), which reads as follows:
"Identify the location of fire mains, including the size of the main, fire hydrants, and fire
extinguishment equipment and available fire flow."
17. The operators weren't clear what was required under the added Section 17-
426(h)(4), so we've added this statement to the proposed amendment: "The Board of
Adjustment shall review proposed improvements for compliance with Sec. 17 -422 of the city
code. Proposed landscaping improvements shall, at a minimum, meet the standards set
forth in Chapter 17, Article VIII of the city code. Parking improvements shall meet the
standards of the public works design manual for the City of Kennedale."
18. Under Section 17- 426(n)(2), we changed "fencing shall be masonry" to "fencing
shall be predominantly masonry," to allow for extra see - through sections (e.g., wrought iron)
for security purposes.
19. The section on requiring a vehicular access gates being required within a certain
distance from the public road, we've changed the distance from 75 feet to 90 feet because
C
the operators weren't sure 75' was enough space to accommodate their trucks without it
being a very tight squeeze and perhaps blocking some traffic if they have more than one
vehicle accessing the site at the same time.
20. Clarified that well servicing and fracing operations are to be conducted Monday
through Friday and on Saturdays if they get a waiver from the city (currently our ordinance
does not say what days can be used for well servicing and fracing, so by default it's seven
days a week).
4
k, V # MAU =P
To the Honorable Mayor and City Council
Date: July 2, 2010
Agenda Item No: X -H.
Subject: Review and consider action to appoint/re- appoint members to the Board
of Adjustment.
Originated by: Kathy Turner, City Secretary
Summary: Attached for Council consideration is a listing of the current Board of
Adjustment members. Three regular positions and two alternate positions are up
for re- appointment.
All members whose terms expire have expressed an interest to continue serving,
if Council so desires.
The City has placed an ad in the Dispatch, as well as posted a notice in the city's
bulletin board to try and recruit applicants to serve on the various
board /commissions. To date, no applications have been received.
Recommended Motion: Recommend Council re- appoints the following members to the Board
of Adjustment to serve a two -year term expiring July 2012:
Regular Members: Rick Adams, Linda Elam, and Cheryl Abbott
Alternate Members: Richard West, and Jeremy Redding
NAME
TERM EXPIRES
(04 -04)
Brian Cassad
2011
(06/04)
Rick Adams,
Chairman
2010
�'
(03/06)
Linda Elam
Vice - Chairwoman
2010
(08/05)
Patrick Vader
2011
(08/05) (06/12/08)
Cheryl Abbott
2010
ALTERNATES
(06/12/09)
Jeff Madrid
2011
(07/13/06)
Richard West
2010
(07/09/09)
Darrell Dixon
2011
(10/09/08)
Jeremy Redding
2010
L
JIMMMME
JUN 2 8 2010
cm
OF
KE/V/VEOALE
405 Municipal Drive, Kennedale, Texas 76060
BOARD /COMMISSION CANDIDATE
DATA SHEET
Check all Board and Commissions of Interest and rank order of interest from 1 to 6:
❑ Park Board
Planning & Zoning
❑ Library Advisory Board
❑ Keep Kennedale Beautiful
❑ Board of Adjustment
❑ Building Board of Appeals
❑ Economic Development Board
Age (Optional): lc::J
Busines Cell Phone 641 � l
Occupation: hez*�
• • S, 'rte 'y�,� �f`','.�'
� I
Special Knowledge or Experience Applicable to City Board or Commission Function:
❑ Banking/Finance '1 2�usiness Development - 2-
J�Duilding/Construction ❑ Promotion/Marketing
❑ Real Estate/Development ❑ Manufacturing/Industrial Operations
❑ Industrial Training VLaw ontracct dministratio
Other information (Civic Activities, etc.): ,I . e -1 cr, - ;r W4 G�p✓�
7
I have attended one or more meetings of the board or commissi n
Date: ZJ�7 e ,?Vto Signa re:_
I have applied: ❑ Yes,�No
RETURN COMPLETED FORM TO THE CITY SECRETARY'S OFFICE,
City of Kennedale, 405 Municipal Drive, Kennedale, Texas 76060
Phone: (817) 985 -2104 - E- mail: kturner @cityoflcennedale.com
Resident of City for _ ___�;� Years Voter Registration No.:
John A Zimmerman P.E. R.P.S.
908 W Main Street
Arlington, TX 76013
June 16, 2010
Rachel Roberts
City of Kennedale
405 Municipal Drive
Kennedale, Texas 76060
Ref Case No. PZ 10 -06 - Odaat Addition
Mrs, Roberts
The following is a response to comments received:
1. Permanent structures now shown.
2. Zoning is now noted for all lots.
3. Setback lines now shown.
4. Property lines to be removed are now shown.
5. Owner names are now shown.
6. Rights -of -way now shown.
7. Existing and proposed Ingress/Egress easements shown.
8. Easements are now clarified.
iohdD Zimmerman R.P.S.
EXHIBIT A
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO 143, THE SUBDIVISION
REGULATIONS FOR THE CITY OF KENNEDALE, AS AMENDED, BY
REVISING THE REGULATIONS GOVERNING PLATS AND THE SUBDIVISION
OF LAND WITHIN THE CITY LIMITS AND EXTRA TERRITORIAL
JURISDICTION OF THE CITY OF KENNEDALE TEXAS; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted by
the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9
of the Local Government Code; and
WHEREAS pursuant to Chapter 212 of the Local Government Code the City has
adopted Subdivision Regulations regulating the subdivision of land within the City limits
and extraterritorial jurisdiction of the City of Kennedale for the purpose or promoting the
public health safety morals and general welfare all in accordance with a comprehensive
plan; and
WHEREAS the city council of the City of Kennedale Texas does hereby deem it
advisable and in the public interest to amend the Subdivision Regulations of the City of
Kennedale as described herein and
WHEREAS, The City Council now desires to amend said regulations and to the extent
that this Ordinance governs any facility governed by the Pipeline Safety Act ( "PSK) it is
the Council's express intent that those regulations are only intended to provide
information to the public; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of
the City of Kennedale, Texas, on July 15, 2010, and by the City Council of the City of
Kennedale, Texas, on August 5, 2010, with respect to the amendments described
herein; and
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WHEREAS, all requirements of law dealing with notice and publication and all
procedural requirements have been complied with in accordance with the
Comprehensive Zoning Ordinance and Chapter 211 of the Local Government Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE,TEXAS:
SECTION 1.
Section 17 -299 of the Subdivision Regulations for the City of Kennedale is hereby
amended by adding the following:
(19) Plattinq, Development, or Redevelopment near existing oil or gas wells.
a. Plat Statement
When an existing oil or gas well is located on the subiect 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 two hundred (200) 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 aranted 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
Pr)pp
Pursuant to the Kennedale City Code, no building(s) not necessary to the operation
of an oil or gas well shall be constructed within two hundred (200) feet (or distance
granted by Planning and Zoning Commission and City Council variance) from any
existina oil or aas well bore. The distance shall be measured in a straiaht line from
the well bore to the closest exterior point of the building, without regards to
intervening structures or obiects.
b. Well Identification and Imoact 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
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adjoininq 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.
c. Affidavit
When an existing oil or gas well is located on the subiect property to be platted, an
affidavit must be filed with Tarrant County for each Lot within a Plat affected by these
regulations: the affidavit shall be signed by the property owner and filed in the deed
records of Tarrant County. Said affidavit shall include the following information:
1. The location of the bore hole of all existing oil and gas wells located on the
subiect property as shown on the plat filed in Cabinet , Slide in
the Plat Records, Tarrant County, Texas.
2. All lot(s) and /or adjoining un- platted tracts of land that are located within
three hundred (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 obiects.
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 one hundred (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
Page 3 of 5
Kennedale to build within one (100) hundred feet 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 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 (100) hundred feet 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 (100) feet of an existing oil or gas pipeline.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and the Code of the
City of Kennedale Texas except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and Code in which event the conflicting
provisions of such ordinances and Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase,
clause sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
Page 4 of 5
SECTION 4.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day
that a violation is permitted to exist shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of the provisions of the Code of the City of Kennedale (1992), as
amended, or any other ordinance or code provision affecting the development of land
which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances, same shall not be affected by this ordinance but
may be prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, penalty clause, publication
clause and effective date of this ordinance as provided by Section 3.10 of the Charter of
the City of Kennedale.
SECTION 7.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
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Staff Report
To the Members of the Planning and Zoning Commission
Date: July 7, 2010
Regular Meeting/
Public Hearing Agenda Item No: V
Subject: Minutes
Originated by: Rachel Roberts, Planner
Following this report is a draft of the minutes from the June 2010 meeting for your
review and consideration for approval.
E