Loading...
08.19.2010 PZ PacketAGENDA PLANNING & ZONING COMMISSION AUGUST 19, 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. Comprehensive Land Use Plan Update DA. Regulations Concerning Sales of Alcohol / Alcoholic Beverages E. 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. Salvage Yard Ordinance f. Overlay Zoning District g. Outside storage regulations REGULAR MEETING, 7:00 P.M. II. VISITORS /CITIZENS FORUM III. Case PZ 10 -09 to consider and receive comments regarding a request for a re -plat of approximately 45.696 acres from Ben Jopling Survey A 866 Tr 3B, James R Hawkins Survey A 792 Tr 1 B, and Swiney Subdivision Lot 6A, Lot 4 less SW corner, and W Pt 5, City of Kennedale, Tarrant County, Texas to Lots 1 and 2, Block A, Bowerman Addition, City of Kennedale, Tarrant County, Texas. The property is located at 1257, 1301, and 1409 Swiney Hiett Road, an unaddressed property on N Joplin Rd, and an unaddressed property on Coker Valley Dr. The replat is requested by Bowerman Oil & Gas. A. Staff Presentation B. Applicant Presentation C. Public Hearing D. Staff Response and Summary E. Action on Case PZ 10 -09 Page 1 of 2 IV. Case PZ 10 -10 to consider and receive comments regarding a request for rezoning from AG Agricultural Zoning District to R -3 Single Family Residential Zoning District of approximately 0.4 acres more particularly described as Lot 2, Block A, Bowerman Addition. The property is located immediately south of Steeplechase Subdivision Block 3 Lot 34 and immediately west of Tract 3A1A, A -866, Ben Jopling Survey; a copy of the metes and bounds description is available at City Hall. The rezoning is requested by Bowman Oil & Gas. A. Staff Presentation B. Applicant Presentation C. Public Hearing D. Staff Response and Summary E. Action on Case PZ 10 -10 V. MINUTES Approval of minutes from the July 15, 2010 Planning & Zoning Commission meeting VI. Chair and Vice -Chair Appointments VII. STAFF REPORTS Update on City Projects VIII. 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 19 day of August 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 13 day of August 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 August 13, 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 13 day of August 2010. By: Rachel Roberts Planner AFFIDAVIT OF PUBLICATION IN THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, a notary public in and for the above named County, on this day personally appeared the person whose name is subscribed below, who having been duly sworn, says upon oath that he or she is a duly authorized officer or employee of the Kennedale News, which is a newspaper of general circulation in the interest, published not less frequently than once each week, entered as permit postal matter in the county where published, and having been published regularly and continuously for not less than 6 months prior to the making of any publication. The clipping attached to this Affidavit was published in said newspaper on the following date(s): July 30, 2010 _µ Authorized Officer or Employee SUBSCRIBED AND SWORN TO BEFORE ME on this 5 th day of August 2010 BROWN NOTARY PW STATE OF TEW r COMMISSION EXPIRES: OF 0 -29 -2011 Shay Brown Notary Public �' t 9 1 � ('�?? i i J`IYYa� � �� A 4 �` � �^ ��� tr -.l.tt °sty r rh�ene ..7c tia; -a, vsoa r. .,�. .� � O H' O" O C '2' A n co n Z! R co O O P. N Co v p N m A �. p `C! � � A.. "��. cn � A �. � ... � �: co � `�1' A � o co ,� r• co ca � 'xJ �' o `� co �', y s co A ti e Q y s A o kr p •, Oq co Oq 6q m A ^. cn A ; A P- o co w K3 co A O 4 . C O A O O p m A ' v co a. �:' o o 0 CD A a o A cep p o ti A co A� 4 ti A O o n_ E' I co M CD CD co CD oq `C P " OQ w ^' `G �. 1 io o H� o c t o ° C] H G s -, r'' ° 0 H by H t t c o p co bq � co c H ° rn on M D ° p C ' fit' , c C c ° �+ , co - v `O p td co n " ks O " ° cs co P w co C] o� a o oo R r� t O c � R b1 w coo S p y w fs w p, w ' 5. a G w a ° oZ 'C' cpc #� v 'd c' ° R p o p' F ] y " Oa 'd CD n `G p n p w ° (D b is o H z7 co n r b c N p a v� N N n C 'w cN° y N D y p•, xx �5 a co �, o w v o N Ua •� a b co v x t" ° o k' a p - N o co p tt a' .o o a- co o. .•. t. ° p b P a n' o G. o fib S y c�i''d ^� `G b t 5 0 c ` c o p uq p 5 oa �5 5' o co 0 wo co �' -- tr c x o w c, tt. d as o f p �n o rn H 5 b > p� a'w o �� N v <��' '''' p v' '•t ° Cs `4' " ❑❑ j',d ° co ti w p o ,w o " pp aG �D o y r W co a p W o O p o y < o ti ° as WW oo n a t" c O w �:' 3 o pct "...�' ,� b c' P. ts' o co b o '" O ti d o c y �oa� w" N l c. n a - b7 En ° o R� �° a fi °,Q � O O CD n �� �' S a ° as n co ° 0 w 0 " o '" w ., ' o a ti x o El as o ° n r v 'o q � a o td<b 5 — co =0 o o 5 B co d P o Q o. 5• c 'n L w ° H O N �'* B �' b O H "�+ 00 ��Ry( 0 mot, p ° co O' G 54 cD C7 cD 7y . a d o o' CD 4 (D cD O 0 H 0 0 s a. A ry� y 0 C� d p m CITY OF KENNEDALE SPEAKER REQUEST FORM WELCOME If you wish to address the City Planning and Zoning Commission (P &Z), a Speaker's Card must be filled out and given to the P &Z Secretary prior to the start of the meeting. Please follow the suggestions listed below: 1. Please read and provide the required information in order that the Chairman may recognize you promptly at the appropriate time on the agenda. Please note that speakers may not comment on agenda items. 2. Please state your full name and address when you begin your remarks in order that the official minutes will record your appearance before the Planning and Zoning Commission. 3. Please make sure that your comments are directed towards the Presiding Officer rather than Individual P &Z members or Staff. All speakers must limit their comments to the subject mater as listed on their request and must refrain from using any profane language. THANK YOU FOR YOUR COOPERATION APPEARANCE BEFORE P &Z COMMISSION DATE: I ( I ) ') NAME OF SPEAKER: - k ") � �, ) ) /'( j d r ' ADDRESS: PHONE - - � � � � �. �� � � �_,`� / � ��� '� SUBJECT: HAS THIS SUBJECT BEEN DISCUSSED WITH ANY MEMBER OR ADMINSTRATIVE STAFF? YES - 'NO IF YES, PLEASE LIST NAME AND DATE: SPEAKING IN:,,N,�FAVOR, AGAINST Presentations are limited to three (3) minutes for individuals and six (6) minutes for group presentations if representing 10 or more individuals are present. Speakers must address their comments to the Presiding Officer rather than individual P &Z members or Staff. All speakers must limit his /hers comments to the specific subject matter as noted above and must refrain from personal attacks towards any individual. CITY OF KENNEDALE SPEAKER REQUEST FORM WELCOME If you wish 'to address the City Planning and Zoning Commission (P &Z), a Speaker's Card must be filled out and given to the P &Z Secretary prior to the start of the meeting. Please follow the suggestions listed below: 1. Please read and provide the required information in order that the Chairman may recognize you promptly at the appropriate time on the agenda. Please note that speakers may not comment on agenda items. 2. Please state your full name and address when you begin your remarks in order that the official minutes will record your appearance before the Planning and Zoning Commission. 3. Please make sure that your comments are directed towards the Presiding Officer rather than Individual P &Z members or Staff. All speakers must limit their comments to the subject mater as listed on their request and must refrain from using any profane language. THANK YOU FOR YOUR COOPERATION APPEARANCE BEFORE P &Z COMMISSION DATE: 41 NAME OF SPEAKER: ADDRESS: � �� C- ) 14o pv SUBJECT: l' C. PHONE: ( 9 1 ) , W HAS THIS SUBJECT BEEN DISCUSSED WITH ANY MEMBER OR ADMINSTRATIVE STAFF? YES NO IF YES, PLEASE LIST NAME AND DATE: SPEAKING 1W FAVOR) AGAINST Presentations are limited to three (3) minutes for individuals and six (6) minutes for group presentations if representing 10 or more individuals are present. Speakers must address their comments to the Presiding Officer rather than individual P &Z members or Staff. All speakers must limit his /hers comments to the specific subject matter as noted above and must refrain from personal attacks towards any individual. CITY OF KENNEDALE SPEAKER REQUEST FORM WELCOME If you wish to address the City Planning and Zoning Commission (P &Z), a Speaker's Card must be filled out and given to the P &Z Secretary prior to the start of the meeting. Please follow the suggestions listed below: 1. Please read and provide the required information in order that the Chairman may recognize you promptly at the appropriate time on the agenda. Please note that speakers may not comment on agenda items. 2. Please state your full name and address when you begin your remarks in order that the official minutes will record your appearance before the Planning and Zoning Commission. 3. Please make sure that your comments are directed towards the Presiding Officer rather than Individual P &Z members or Staff. All speakers must limit their comments to the subject mater as listed on their request and must refrain from using any profane language. THANK YOU FOR YOUR COOPERATION APPEARANCE BEFORE P &Z COMMISSION DATE: NAME OF SPEAKER: =. ADDRESS: 0 PHONE: l 7 , SUBJECT: HAS THIS SUBJECT BEEN DISCUSSED WITH ANY MEMBER OR ADMINSTRATIVE STAFF? YES NO IF YES, PLEASE LIST NAME AND DATE: SPEAKING IN: FAVOR AGAINST Presentations are limited to three (3) minutes for individuals and six (6) minutes for group presentations if representing 10 or more individuals are present. Speakers must address their comments to the Presiding Officer rather than individual P &Z members or Staff. All speakers must limit his /hers comments to the specific subject matter as noted above and must refrain from personal attacks towards any individual. CITY OF KENNEDALE PUBLIC HEARING SIGN -IN FORM CASE # P 10 -10 to consider and receive comments regarding a request for rezoning from AG Agricultural Zo ng to R -3 Single Family Residential Zoning District of approximately 0.4 acres more particularly described as Lot 2, Block A, Bowerman Addition. The property is located immediately south of Steeplechase Subdivision Block 3 Lot 34 and immediately west of Tract 3A1A, A -866, Ben Jopling Survey; a copy of the metes and bounds description is available at City Hall. The rezoning is requested by Bowman Oil & Gas. 1. NAME: ADDRESS: PHONE NUMBER: V�Q' Sox I a q 2. 1 HEREBY WISH TO ADDRESS THE COMMISSION. ❑ DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. 1 AM REGISTERING ❑ FOR XAGAINST THE PETITION. 5. THEIR BUSINESS ADDRESS IS: SIGNATURE. - DATE: 0 4. IN REGISTERING, 1 REPRESENT: MYSELF [I THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: Date: August 11, 2010 Work Session Item Number: I -A Subject: Form -based codes Originated by: Rachel Roberts, Planner Because the comprehensive plan update is scheduled to begin this fall, we think it would be a good idea for the Commission to draft a recommendation to submit to the selected comp plan consultants. It doesn't have to be a formal proposal, but we should let them know that the Commission believes an FBC could be a good fit for several areas, such as the ones have had development problems, and could also help resolve the garden home /townhome task given to the Commission through the strategic plan. We should also give the consultants the Commission's priority list. This idea has been discussed by the Commission before, but I wanted to bring it up again for discussion since the comp plan update process will probably begin in the next few months. If it meets with your approval, we will write a draft recommendation and bring it to you for your review at the September meeting. Staff Report to the Members of the Planning & Zoning Commission Date: August 6, 2010 Work Session Agenda Item: I I -B Subject: I Sandwich board signs Originated by: I Rachel Roberts, Planner Overview: Sherrie Hubbard, Planning Intern The Planning & Zoning Commission asked staff to make suggestions on revising the city's ordinance regulating sandwich board signs. Among the options to consider are requiring permits for sandwich boards and banning them completely. There are five options shown beginning on page 3 of this report. The first option shown is the staff recommendation. Current Regulations Sec. 17 -504. - Permit regulations. (a) Permit required. No sign, unless exempted under section 17 -515 and section 17 -516, shall be erected, displayed, or altered within the City of Kennedale without a duly approved sign permit from the city. The administrative official shall ensure that all sign permits are granted only in compliance with the provisions of this article. Sec. 17 -509. - Other signage. (c) Multi- tenant signs. Developments containing two or more businesses, whether in a single building or multiple buildings, shall share a sign structure for advertisement of multiple businesses located within the development. This provision is applicable to businesses located on the same lot upon which the sign is located. Such signs shall comply with the following: (6) Individual pad or lease sites, defined in an approved site plan, are treated as separate lots for purposes of this subsection; a. Businesses shall not be allowed advertising on both the multiple tenant (shared) sign and another free standing business identification sign except for signs permitted under section 17 -516; Sec. 17 -514. - Prohibited signs. In addition to signs not specifically described or allowed in this article the following signs are specifically prohibited. (7) Portable signs, with the exception of sandwich board signs which comply with the regulations set forth in section 17 -516. Sec. 17 -516. - Limited exemptions. Type of Sign Sign Standards Number of Signs Other Standards Sandwich board sign Ground Sign permitted only One (1) per lease Sign shall be removed every on property behind ROW space day after the business is line. Maximum of four (4) closed. Sign shall be anchored feet in height Maximum in some means to prevent sign area is eight (8) square displacement in high winds. A feet minimum of four (4) feet of sidewalk shall remain clear. Chalkboards may be used for daily changing of messages. No reader boards may be used. Common Definitions of Sandwich Board Signs. Wikipedia entry: fhttp: / /en.wikipedia.org /wiki /Sandwich board "A sandwich board is a type of advertisement composed of two boards (holding a message or graphic) and being either: * Carried by a person, with one board one in front and one behind, creating a 'sandwich' effect; or * Set up (for example next to a store advertising its goods) in a triangle shape, hinged along the top. "The carried version is usually attached to straps acting as suspenders, allowing the person wearing the boards to carry the weight on his or her shoulders and keeping the boards balanced on the wearer. Sandwich boards are most typically deployed in busy pedestrian areas and advertise businesses within easy walking distance. The wearer might also pass out flyers or shout advertising slogans. Sandwich boards... have largely been supplanted by billboards, which are more effective in advertising to passers -by who are now likely to be in automobiles... "However, they are still frequently to be seen on major shopping streets such as Oxford Street, London, England; Champs Elysees, Paris, France, and 42nd Street, New York City, where they are used to advertise offers from particular stores most often in adjacent side - streets." Princeton's WordNet entry: [ http: / /wordnetweb .princeton.edu /perl /webwn] 2 "signboard consisting of two hinged boards that hang front and back from the shoulders of a walker and are used to display advertisements" Options for Revising Current Regulations. Below are several options for revising our current regulations. • The 1 St option would allow sandwich board signs only at the front of the building outside the business using the sign, with the sign required to be changeable. • The 2 nd option listed prohibits sandwich board signs. • The 3` option is to allow sandwich board signs but require a permit. • The 4 th option would allow sandwich boards signs and would not require a permit, but would establish additional regulations governing these kinds of signs. • The 5 th option would require a permit for sandwich board signs and establish additional regulations. Option 4: Sandwich Board Signs Permitted in Front of Store Only Section 17.516 Limited Exemptions Type of Sign Sign Standards Number of Signs Other Standards • Signs must behave an • Signs shall not A -frame constructed with obstruct the sidewalk, chalkboard, marker board shall be visible at all or dry -erase inserts times, and shall comply with any • Signs must not exceed applicable provisions eight (8) square feet in of the American Sandwich Board area per side and must not One (1) per Disabilities Act Sign exceed four (4) feet in business height • Signs shall be removed after • Signs shall not be business hours illuminated • Signs shall be • Signs with swinging weighted to withstand frames, permanent vinyl wind lettering or numbering, 3 Option 2: Sandwich board signs prohibited, Sec. 17 -514. - Prohibited signs. In addition to signs not specifically described or allowed in this article the following signs are specifically prohibited. (7) Signs mounted on portable or movable frames or structures, including signs placed on, but not affixed or attached to, the ground, shall be prohibited. in reader boards with tracks - Signs are allowed in for changeable letters and all commercial and numbers, or three industrial zoning dimensional letters and districts. numbers are not permitted • Signs are prohibited in the public right -of- way and in parking spaces and must be placed on private property. They may be placed in a front yard or in a foyer, portico, or other building entry provided they do not interfere with pedestrian ingress or egress as required by the Building Code. Option 2: Sandwich board signs prohibited, Sec. 17 -514. - Prohibited signs. In addition to signs not specifically described or allowed in this article the following signs are specifically prohibited. (7) Signs mounted on portable or movable frames or structures, including signs placed on, but not affixed or attached to, the ground, shall be prohibited. in Option 3: Sandwich board allowed with a permit, existing regulations. ** By adding this category to "Other signage," sandwich board signs would no longer be considered one of the limited exemptions from permits and would be subject to any other provisions in the article, including the requirement of a permit. ** Sec. 17 -514. — Prohibited signs (7) Portable signs, with the exception of sandwich board signs that comply with the regulations set forth in section 17 -509. Sec. 17 -509. — Other signage. (d) Sandwich board signs. (1) The sign shall be permitted only on property behind ROW line. (2) The maximum height of a sandwich board sign shall be four (4) feet in height. (3) The maximum sign area of a sandwich board sign shall be eight (8) square feet. (4) One (1) sign per lease space shall be permitted. (5) The sign shall be removed every day after the business is closed. (6) The sign shall be anchored in some means to prevent displacement in high winds. (7) A minimum of four (4) feet of sidewalk shall remain clear. (8) Chalkboards may be used for daily changing of messages. No reader boards may be used. Option 4: Enhanced regulations, no permit required. Sec. 17 -516. — Limited exemptions. Type of Sin Sign Standards Number of Signs Other Standards The message on the sign shall be professionally done. No reader boards may be used. Sign shall be only displayed in front of the business that they advertise and shall not be placed outside until the start of business hours, and shall be removed at the close of Ground Sign permitted business. The sign shall only on property behind be constructed of Sandwich board sign ROW line. Maximum of One (1) per lease space durable weather - four (4) feet in height resistant material and Maximum sign area is must be of sufficient eight (8) square feet weight to remain in position in light winds up to 32 meters per second. The sign shall not be placed in sight visibility triangles, handicap ramps or path of travel nor on the public right - of -way. A minimum of four (4) feet of sidewalk shall remain clear. Text from the column "Other Standards, " above: The message on the sign shall be professionally done. No reader boards may be used. Sign shall be only displayed in front of the business that they advertise and shall not be placed outside until the start of business hours, and shall be removed at the close of business. The sign shall be constructed of durable weather - resistant material and must be of sufficient weight to remain in position in light winds up to 32 meters per second. The sign shall not be placed in sight visibility triangles, handicap ramps or path of travel nor on the public right -of -way. A minimum of four (4) feet of sidewalk shall remain clear. 2 Option 5: Enhanced regulations with permit required. * *Adding this category to "Other signage" would make sandwich board signs subject to any other provisions in the article, including the requirement of a permit. It would also be possible to list these provisions under "Temporary signage" instead of "other" since they are portable. ** Sec. 17 -514. - Prohibited signs (7) Portable signs, with the exception of sandwich board signs which must comply with the regulations set forth in section 17 -509. Sec. 17 -509. - Other signage. (d) Sandwich board signs. (1) The message on the sign shall be professionally done. (2) Such signs shall be only displayed in front of the business that they advertise and shall not be placed outside until the start of business hours, and shall be removed at the close of business. (3) The sign shall be constructed of durable weather - resistant material and must be of sufficient weight to remain in position in light winds up to 32 meters per second. (4) Only one (1) sign per business space shall be authorized. (5) The sign shall not be placed in sight visibility triangles, handicap ramps or path of travel nor on the public right -of -way. (6) A minimum of four (4) feet of sidewalk shall remain clear. (7) The maximum height of a sandwich board sign shall be four (4) feet in height. (8) The maximum sign area of a sandwich board sign shall be eight (8) square feet. 7 City of Kennedale Minor Plat Application APPLICANT NAME: _1D SUB-DIVISION NAME:.j LEGAL DESCRIPTION: CURRENT ZONING: qjEq t �tRW 6: LO P OWNER OF RECORC ADAR CITE(/ SURVEYO! ADDRESS: CITY: ENGINE ADDR CITY: APPLICANT SIGNATURE: OWNER SIGNATURE:._ - — SURVEYOR SIGNATURE: ENGINEER SIGNATURE: DEVELOPER SIGNATU STATE: STATE: 6 PHON ZIP: _tJONE:Ilk _Zlp:­� PHONE: —ZIP: - 470 DATE: !,1 Io DATE: ► I DATE: ��/9� DATE: DATE: )e-r met t"I DATE: 74 ?V ACRES: Cn96 _ PROPOSED ZONING ,----.------. 'ge - ;j; ru ' g PHASES: Rd 0_0 WME EXHIBIT A ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 17 OF THE KENNEDALE CITY CODE (1991), AS AMENDED, BY AMENDING REGULATIONS GOVERNING OIL AND GAS WELL DRILLING, OPERATIONS AND PRODUCTION; 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, the City Council previously adopted regulations governing the exploration, drilling and production of hydrocarbons within the City; 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 ( "PSA") it is the Council's express intent that those regulations are only intended to govern aesthetics; and WHEREAS, public hearings were held by the Planning and Zoning Commission of the City of Kennedale, Texas, on May 20, 2010, and by the City Council of the City of Kennedale, Texas, on June 10, 2010, with respect to the amendments described herein; and 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- 426(b) of the Kennedale City Code is hereby amended by adding new definitions for " Completion of drilling ", "Compressor," "Compressor station," "Environmentally C: \Documents and SettimsVroberts \Desktop \O &G Revisions \Latest version \81210 Oil and 1 Gas 2010 fn002.doc sensitive area," and "Habitable structure," amending the definition of "Drill site," " Planned Flaring " Unplanned Flaring' and amending the spelling of "fire marshal) ", which shall each read as follows; City staff: Employees and independent contractors performing services for the City of Kennedale, including but not limited to the fire +shall marshal Completion of drillinq: the date the work is completed for the drilling and the crew is released by completing their work or contract or by their employer. 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. Drill site,: The area_ used_for drilling, development, production, GGn pletlp, or reworking a well or Deleted: 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. Environmentally sensitive areal Steep slope areas, areas with highly erodible soils, floodplains Meted- and flood-prone areas, wetlands, fish and wildlife habitat conservation areas, or other areas the City considers to be of special environmental concern. Habitable structure: a structure for which a certificate of occupancy is required. A habitable structure shall not include detached accessory buildings, garages, and sheds, except that accessory buildings used for home occupations shall be considered habitable structures. Planned Flaring: a flaring operation that constitutes a designed and planned process at a source, and which would have been reasonably foreseen ahead of its actual occurrence, or is scheduled to occur. Unplanned Flaring: a flaring event that is not planned or scheduled to occur. An emergency event is an example of an unplanned event. SECTION 2. Section 17- 426(c) of the Kennedale City Code is hereby amended to read as follows: (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: C:ADocurnents and Settings\rroberts\Desktop \O &G Revisions \Latest version \81210 Oil and 2 Gas 2010 fn002.doc (i) The app for the spec exception shall be in accor with the prov of sections 17 and 17 hereof. (2) No shall be permitted six hundred (600) feet of an cultural, historic or archeological resources, or groundwater rechar e areas: or environmentally sensitive areas excluding floodplain o floodways; or or within six hundred (600) feet of anyj2abitable f��4���.�hu�u��o[Pum�_'' buikUng, institution, park, _school, or commercial building, for which a building permit has Deleted: of been issued on or before the date 1he application for a drilling permit is filed with the t Deleted. , or cultural, historic or provided, however, that drilling shall be permitted as close as three hundred (300) feet if all archeological resources, o groundwater recharge areas* or affected property owners agree in writing. The distance shall be calculated from the well environmentalIV sen it reas bore, in a straight line, without regard to intervening structures or objects, to the prima[Y —floodways structure of the protected No dr0ino. oroduc8on. oumonesanr. oumon*aour station. or oathnrno station sha be permitted within three hundred (300) feet of a neighboring Property line unless all affected Property owners agree in writing. If eighty (80) percent of affected Property owners agree in writing to permit drilling as close as 300 feet or within 300 feet of a neiahboring propeay .1ine then the operator may apply to the Board of Adhustment for a special exception vaq.apc-e from the requirement that all affected property owners must agree in writing. When four (4) or fewer waivers are reauired. if all but oneffl, prope ty owners agree in writing to ermit drilling or production within the reduced distance, then the operator may apply to the Board of Adiustment for a sDecial exceDtion from the reauirement tha all affected r)ror)ertv owners must agreeJaElbg, No dhUino or omduodnn site oronmorenoor station nhoU be oenndted with four thousand site Cco Co must have a common drive, common sound walls, and commons screenin (3) A deve site plan in accordance with the provisions set forth herein. Gas 2010 MO2,doc (4) An approved road repair agreement in accordance with the provisions set forth herein. (5) An oil and gas permit application may shall 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. (6) If drilling is not commenced on at least one well covered by the special exception for oil or gas drilling or production within two years from the date of issuance, the special exception shall expire. The Board of Adiustment may establish a lesser expiration timeline at the time of issuance of the special exception. If an extension is desired but drilling has not commenced, the operator(s) shall submit to the Board of Adjustment an application to extend the special exception before the expiration of the special exception (7) The special exceptions required by this ordinance are in addition to and are not in lieu of any permit, exception, variance, or other requirements that may be required by any other provision of the city code or by any other governmental agency. SECTION 3. Section 17- 426(c -1) of the Kennedale City Code is hereby amended to read as follows: c -1 Gatherin stations nd compressor stations b s ecial exce fion - Deleted: or ( ) 9 P -y- p-- - - - - -p -------------------- (1) Within the city, the establishment and operation of a gathering station or a compressor - Deleted: statiort, _whether in conjunction with a gas_well or as an independent operation, - shall only be Deleted:I 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 Adiustment is satisfied that the qatherinq station will comply with all terms of this Ordinance 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 C:ADocaments and SettinPs\rroberts\Desktop \O &G Revisions \Latest version \81210 Oil and 4 Gas 2010 fn002.doc 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 the floodwav or 500 -year floodplain as defined by FEMA or within two thousand (2000) six 1 a yR d re d tan Z s` feet of ultural J, � °T an y �_ -' Deleted. habitable fesidenfial structure or public building, institution, historic or archeological resources, or Groundwater recharge areas, or environmentally park, school, or commercial building for which a building Permit has been sensitive areas, +lam excluding floodplain and floodways or within two thousand issued on the date of the of the application for a drilling permit is filed (2000) feet of anv habitable fe6kkn#aI structure or public building, institution, park, school, with the inspector, or or commercial buildinq for which a building permit has been issued on or before the date the application for a drilling permit is filed with the inspector, provided, however, that this minimum setback may be reduced to one thousand (1000) feet if all affected property owners agree in writing. No gathering station shall be permitted closer than one thousand, (1000) feet to a neighboring property line unless all affected property . -' Deleted: three hundred - Deleted: 300 owners aqree in writing. If eighty (80) percent of affected property owners agree in writing to permit a gathering station as close as one thousand (1000) feet, then the operator may apply to the Board of Adjustment for a special exception va4ap.Ge from the requirement that all affected property owners must agree in writing. When four (4) or fewer waivers are required if all but one (1) property owners agree in writing to permit a gathering station 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 writin . 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. Eng No gathering station shall be permitted in a floodplain or floodway. 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. L: \Documents and Settings \rroberts\Desktop \O &G Revisions \Latest version \81210 Oil and Gas 2010 fn002.doe 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 two 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 two three -inch lettering. g. All facilities used for parking, loading, unloading, driveways and all other vehicular access including private roads or driveways, shall be constructed and maintained in compliance with the City of Kennedale Public Works Design Manual sepstFUGted of and must 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. 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(n)(3 2), hereof. i. Compliance with the requirements set forth in subsection 17- 426(n)(6 5) - -(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 subsections 17- 426(o)(1) - -(4 5) and (7 8) and subsection 17- 426(r)(7) in the same manner as they apply to an operation site. (5) Gatheting stagen not pait of an epeFatien s The city shall inspect each gathering station site established i ndependent l y of an ope ration 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. (6) Gathering stations staflGR eperatieRs shall be operated pe4GH44e4 in compliance with all applicable federal, state, and local law. All applicable construction permits shall be obtained prior to development of the site. SECTION 4. Section 17- 426(d) of the Kennedale City Code is hereby amended by adding subsections (4), (5), and (6), which shall read as follows: C:ADocuments and Settings\rroberts\Desktop \O &G Revisions \Latest version \81210 Oil and 6 Gas 2010 fn002.doc (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 if no drilling has commenced or as stipulated in the special exception, whichever occurs first. (5)The permits required by this ordinance are in addition to and are not in lieu of any permit, exception, variance, or other requirements that may be required by any other provision of the city code or by any other governmental agency. (6) 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. SECTION 5. Section 17 -426 is hereby amended by adding a new section (d -1), which shall read as follows: (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 may be required by the Environmental Protection Agency or the Texas Commission on Environmental Quality. A copy of the notice of intent shall be submitted to the City of Kennedale Public Works Department and the Development 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) C:\Documents and Settim4s \rroberts \Desktop \0&G Revisions \Latest version \81210 Oil and Gas 2010 fn002,doc (e) The exact and correct acreage for the pad site and staging area and the 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. A surface reclamation plan. Operators may submit an amended reclamation plan for review and approval by city staff after a gas well permit has been issued. (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 of the drilling and production site. (m) A sound analysis and sound management plan. (n) A detailed site plan as described in Sec. 17- 426(f) (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 route east map indicating the location of the nearest gathering station and the alignment of the pipeline(s) connecting the operation site to the gathering station and shall include a written acknowledgement fram the pipeline company and a cape of the license CADocuments and Settings \rroberts \Desktop \O &G RevisionsTatest version \81210 Oil and Gas 2010 fh002.doc agreement between the pipeline operator and the city. No deviations from the pipeline route shall be permitted without prier approval from the citW. (4) Applications for oil and gas well permits shall be signed by the operator. (5) Applications for oil and gas well permits shall include multiple complete copies of the operator's application and emergency action response plan, as stated in the permit for oil and gas drilling. The burden of proof on all matters considered under permit applications and special exception applications shall be upon the applicant /Operator. SECTION 6. Section 17- 426(e) of the Kennedale City Code is hereby amended to read as follows: (e) Road repair agreement. A road repair agreement shall be filed with the director of public works ! ^t ° °r °° ^' Bbl ?c works depa *^, ° ^! 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. SECTION 7. Section 17- 426(f) of the Kennedale City Code is hereby amended to read as follows: (f) GGR4P#aPGe w#h the development ake pian - - Development of site plan required. 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, 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 C:ADocutnents and Settings \rroberts \Desktop \O &G Revisions \Latest version \81210 Oil and 9 Gas 2010 fn002.doc 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: (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. (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. a-7) Identify truck routes and access points and state hours of operation (4 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 �) 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) feet of the well. C: \Documents and Settings \rroberts \Desktop \O &G Revisions \Latest version \81210 Oil and 10 Gas 2010 fn002.doc &W) Indicate a physical address for each well site. (7) Identify the location of fire mains, including the size of the main fire hydrants, and fire extinguishment equipment and available fire flow. SECTION 8. Section 17- 426(g) of the Kennedale City Code is hereby deleted, and Sections 17- 426(h) through 17 -426 (y) shall be re- numbered accordingly. SECTION 9. Section 17- 426(h) of the Kennedale City Code is hereby amended to read as follows: (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 services ptbl+s works who shall immediately forward a copy of all applications and plans to the to the p °+r a l eu ,, sp ^;°list and fire marshal department 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 ep rmit presessing fee as listed in the city's fee schedule. in the amount of five thousand dollars ($5,000.00), whiGh shall be assessed te reGGUP the administrative expenses imurred by the Gity in .+d mini6tFatinn o ,..h p The oil e gas we permit fee fn d ditional well the o- ro F- avcrrcivr�urvr v e vr n r - m ea'rn m rre ° pad shall be as follews: four thousand dellaF6 ($4,000.00) for the seGGnd well, three thOL16and dollaFS ($3,000.00) for the third well, and twe thousand dollars ($2,000.00) for e well thereafteF 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 development department, public works department and fire Fnars#al department 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 C: \Documents and Settim4sVroberts \Desktop\\0&G Revisions \Latest version \81210 Oil and 11 Gas 2010 fn002.doc 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 spec development department, or fie e**eA*al departmen�bu rev an oil and gas well permit application within the time Umda specified above shall not require the city to approve an application that does not meet the minimum requirements set forth in this section. (4) No oil or gas well permit shall be issued unless all improvements required under Sec. 17-426, including fencing and screening landscaping, and parking, have been made and approved by the city. The Board of Adiustment shall review proposed improvements for compliance with Sec. 17-422 of the citv code. ProiDosed landscaping improvements shall, at a minimum, meet the standards set forth in Chapter 17, Article Vill of the city code, Parking improvements shall meet the standards of the public works design manual for the City o Kennedale. SECT 10. Subsection 17+426(i)(1)(c) of the Konnodale City Codo, renumbered as Section 17- 428(h)(1)(c).is amended to read aofollows: c. Specify the date the permit shall expire; SECTION 11. Section 17'420(k)of the Kennodale City Code, renumbered aoSection 17~426(0` is hereby amended as follows: (4(8 SecutityInstrumen� 12 Gas 2010 fn002.doe SECTION 12. (n e) 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 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) TemperaFy SOX feet— Ghain link or appreved — alternative — fences shall be m', fn surround dFi sites duFing initial drilling and i ,w shall—b IeeLed when ne ep eratiens n nel a pres (2) �7 Permanent G edaF fenee w m asenFy GGlur ,ns spa Ge not less than 6!)deen (16) twenty-fou feet, nor more than (24) feet s mine predUGing sites fencing is required for all drill sites and production or operation sites. Fencing shall be predominantly masonry and shall be a minimum of eight (8) feet in height and shall be higher than the enclosed equipment. Fencing and pates shall remain locked at all times when no one is present. All permanent fencing structures shall have a wrought iron gate. For the purposes of this section, masonry shall mean that form of solid construction composed of stone, brick, concrete, gypsum, hollow clay tile or other similar building units or materials or combination of these materials which must be laid up unit by unit and set in mortar, or pre -cast panels designed and built to mimic the appearance of masonry. Fencing design and materials must be approved by the director of development services before installation. L 4-2) 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. C• \Documents and Settings\rroberts\Desktop \O &G Revisions \Latest version \81210 Oil and 13 Gas 2010 MO2.doc (4) A vehicular access gate for the drill site shall be located within ninety (90) 95) feet of the public road connecting to the drill site. If there are multiple pates along the same access road, a knox box shall be required only for the pate closest to the entrance. 15) Temgorary compressor for each well shall be classified as temporary for six (6) months ' Deleted: z¶ 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, as described under subsection (b) herein. 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 and constructed of metal, masonry or other structurally sound material in compliance with the zoning district regulations and as approved by the director of development services, for compatible use. All drive approaches and facilities used for parking, loading, unloading, driveways and all other vehicular access to each drill site, operation site, and gathering station or compressor station, including private roads and driveways, shall be constructed and maintained in compliance with the City of Kennedale Public Works Design Manual and must meet all minimum fire code requirements, or as stipulated as part of the special exception, provided that the drive approach from the public street be constructed of concrete, The surface for such facilities and drive approach must always be maintained in good condition and repair. M {43 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. (8){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 C: \Documents and Settings\rroberts \Desktop \O &G Revisions \Latest version \81210 Oil and 14 Gas 2010 fn002.doc 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 two three -inch lettering. a{65} 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. (1L)(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. (11)(9) 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. (12)(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. x)(40) 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. C: \Documents and Settings \rroberts \Desktop \O &G Revisions \Latest version \81210 Oil and 15 Gas 2010 f4002.doc (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. 6 X91 I [a] ki M I KJ Section 17- 426(p) of the Kennedale City Code, re- numbered as Section 17- 426(o), is hereby amended to read as follows: L 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 comply with required noise levels set forth in this ordinance not rnoFe 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 C: \Documents and Settings \rroberts \Deskto \\O &G Revisions \Latest version \81210 Oil and 16 Gas 2010 MO2.doc (5) The noise level during fracing drilling, production, or other operations shall FeduGe the noise te not more than not exceed seventy (70) decibels at any point three hundred (300) feet from the boundary of the drill site r -4�between 8:00 a.m. and 7:00 p.m. a.m. 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. If noise levels at a distance of three hundred (300) feet exceed seventy (70) decibels, a sound reduction enclosure shall be required ^rnb sti^^ ^^ es for compliance 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. Then level b e t weeR 0 a shell net ^ ee.d si)dy (60) deGihels at a ny peiRt within three hundred O) feet Frew, the heundafy of the .trill site o ope ratien site If averaging is used to measure sound levels time periods for averaging shall not exceed three (3) minutes. (6) (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. (7)(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 and shall not be placed or located in violation of any city ordinance. Adequate parking facilities shall be provided and constructed in compliance with the city's development codes. (8)(7) Well servicing and fracing operations shall be °^hu;ed te occur Monday to Friday between the hours of 8:00 a.m. and 7:00 p.m. only. Well servicing and fracing operations •- • r s (9)(8) Air, gas, or pneumatic drilling shall not be permitted. (10)(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 C;:ADocurnents and SettingsVroberts\Desktop \O &G Revisions \Latest version \81210 Oil and 17 Gas 2010 fn002.doc 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. 11)(40) The drilling rig and associated drilling equipment shall be removed from the well site within thirty (30) days of the completion of drillingpf the well. Deleted: or (15) 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. (16) 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). SECTION t44. Deleted: a Subsection 17- 426(s)(8) and (11) of the Kennedale City Code, re- numbered as Section � 17- 426(r) (8) and (11), is hereby amended to read as follows, and Subsections (r)(15) an (16A_. Deleted: , Deleted: ,and (17) are hereby added: (r s) Additional safety and environmental requirements (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 ordinance. (11) A i rnpe M eu s lining of all pots shall be r reel A closed loop mud system shall be required for all drilling and reworking operations for all gas wells. Drilling 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 C: \Documents and Settings \rroberts \Desktop \O &G Revisions \Latest version \81210 Oil and 18 Gas 2010 fn002.doc 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 June 10, 2010 may use reserve pits. An impervious lining of all pits to prevent water pollution shall be required for wells permitted prior to June 10, 2010 that use reserve pits. (15) 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 Iona 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) Air Quality Monitoring. Operators will E3e 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. SECTION 15. Deleted:4 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 and Code, in which event the conflicting provisions of such ordinances and Code are hereby repealed. SECTION 1 Deleted: s 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 C:ADocuments and Settings\rroberts \Desktop \O &G Revisions \Latest version \81210 Oil and 19 Gas 2010 fn002.doc incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Deleted: 6 SECTION 17Z All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of Chapter 17 of the Kennedale City Code (1992), as amended, or any other ordinance or code provision affecting oil and gas exploration and development, zoning and land use 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. J Deleted :7 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 clause of this ordinance as provided by Section 3.10 the Charter of the City of Kennedale. SECTION 19r Deleted:6 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. PASSED AND APPROVED THIS DAY OF 2010. MAYOR ATTEST: C: \Documents and Settings \rroberts \Desktop \O &G Revisions \Latest version \81210 Oil and 20 Gas 2010 fn002.doc CITY SECRETARY EFFECTIVE: APPROVED ASTO FORM AND LEGALITY: CITY ATTORNEY 21 Gas 2010 fn002.doc Learn about the components of development regulations Each year, the Midwest Section - Texas Chapter of the American Planning Association hosts a workshop for local Elected and Appointed Officials regarding the basics of development regulations, the role officials play in the urban planning process and an overview of challenges and innovations facing planning and development departments within our communities. This year, the Section has put together a panel of speakers which will provide insight and moderate discussion among attendees concerning a variety of topics facing those who deal with the development process. Speaker topics will include: • Nuts and Bolts of Development Regulations Zoning and Subdivision Ordinances • Ethics • Alternative Energy • Retail Sustainability • Legal Responsibilities The workshop includes a catered lunch and opportunities to meet officials from other communities to network and discuss challenges and opportunities in the development process. i Ji s , I 1 v V hliF p F Staff Report to the Members of the Planning & Zoning Commission Date: I July 22, 2.010 _......... Work Session Agenda Item No: I -C Subject: Subdivision Maintenance Bonds and Guarantees Originated by: Rachel Roberts, Planner Sherrie Hubble, Planning Intern Overview: During the July Commission meeting, you asked staff to draft changes to the subdivision regulations that would allow for extensions of the maintenance bond and a build -out requirement. Suggested changes to the regulations are provided below. We have included two options for revisions. One option provides for an extension if improvements are found to be unacceptable at the end of the period covered by the maintenance bond and if a certain percentage of lots are not built out; the other option provides the same conditions but also allows a reduction in maintenance bond coverage. Our Current Ordinance: 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 improvements are approved, a 2 -year maintenance bond is secured by the developer, improvements are accepted, and building permits may be issued. 1 Sec. 17 -250. - Maintenance bond requirements. The developer's contractor shall be required to file a maintenance bond with the director of development and enforcement, prior to beginning construction by the city, in an amount and form satisfactory to the director, in order to assure the satisfactory condition of the required improvements for a period of two (2) years after the date of their acceptance by the city. Sec. 17 -248. - City - developer agreements. (c) Bonds; escrow agreement. Whenever public improvements (or private improvements in lieu thereof) are to be constructed in connection with the subdivision, the developer shall submit the following bonds to the city, executed by a surety company holding a license to do business in the State of Texas and in a form acceptable to the city: (3) Maintenance bond. Prior to acceptance by the city of any improvements, a maintenance bond will be furnished in an amount equal to the cost of the construction of any public improvements (and /or private improvements being constructed in lieu thereof) insuring the repair and replacement of all defects due to faulty materials or workmanship that occur within a period of two (2) years from the date of acceptance of the improvements by the city. Sec. 17 -251. - Public works construction permit required. Construction shall not start on any street, sidewalk, drainage, utility or public improvement until a public works construction permit and an acceptable two -year maintenance bond has been issued for all facilities in the subdivision or the approved phase of the said subdivision. Model: Kitsap County, WA Prior to the final approval of construction and release of any performance 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 2 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) Recommended Revisions to City of Kennedale Code: Option 1: Extension of Bond without Option for Reduction Sec. 17 -250. Maintenance bond requirements. The developer's contractor shall be required to file a maintenance bond with the director of development and enforcement, prior to beginning construction by the city, in an amount and form satisfactory to the director, in order to assure the satisfactory condition of the required improvements for a period of two (2) years after the date of their acceptance by the city. At the end of this time the City will inspect the improvements and the maintenance bond may be extended if: a. the lots are not seventy (70) percent built or, b. construction materials or workmanship of the improvements is deemed unacceptable by the public works director The full value of the maintenance bond will be renewed annually for a period not exceeding two (2) years until all improvements are completed and deemed acceptable by the public works director and the lots are seventy (70) percent built. 3 Sec. 17 -248. - City - developer agreements. (c) Bonds; escrow agreement. Whenever public improvements (or private improvements in lieu thereof) are to be constructed in connection with the subdivision, the developer shall submit the following bonds to the city, executed by a surety company holding a license to do business in the State of Texas and in a form acceptable to the city: (3) Maintenance bond. Prior to acceptance by the city of any improvements, a maintenance bond will be furnished in an amount equal to the cost of the construction of any public improvements (and /or private improvements being constructed in lieu thereof) insuring the repair and replacement of all defects due to faulty materials or workmanship that occur within a period of two (2) years from the date of acceptance of the improvements by the city. At the end of this period, maintenance bonds may be renewed in the event that construction, materials, or workmanship are deemed i substandard or if a certain percentage of lots have not vet been built upon. (Refer to Section 17.250.) Sec. 17 -251. - Public works construction permit required. Construction shall not start on any street, sidewalk, drainage, utility or public improvement until a public works construction permit and an acceptable two -year maintenance bond has been issued for all facilities in the subdivision or the approved phase of the said subdivision (Provisions regarding maintenance bonds requirements are set forth in Section 17.250.) 11 Option 2: Extension of Bond with Reduction in Maintenance Bond Amount Sec. 17 -250. Maintenance bond requirements. The developer's contractor shall be required to file a maintenance bond with the director of development and enforcement, prior to beginning construction by the city, in an amount and form satisfactory to the director, in order to assure the satisfactory condition of the required improvements for a period of two (2) years after the date of their acceptance by the city. At the end of this time the City will inspect the improvements and the maintenance bond may be extended if: a. the lots are not seventy (70) percent built or, b. construction materials or workmanship of the improvements is deemed unacceptable by the public works director A maintenance bond may be renewed for an additional two (2) years until all improvements are deemed acceptable by the City or until the minimum build -out requirement is met. At the discretion of the public works director, the amount of coverage for maintenance bonds may be reduced based on the percentage of lots built at the end of the initial two (2) year period If, after the first extension the minimum build -out requirement is not vet met, the maintenance bond may be renewed on an annual basis not exceeding an additional two (2) years. Sec. 17 -248. - City - developer agreements. (c) Bonds; escrow agreement. Whenever public improvements (or private improvements in lieu thereof) are to be constructed in connection with the subdivision, the developer shall submit the following bonds to the city, executed by a surety 5 company holding a license to do business in the State of Texas and in a form acceptable to the city: (3) Maintenance bond. Prior to acceptance by the city of any improvements, a maintenance bond will be furnished in an amount equal to the cost of the construction of any public improvements (and /or private improvements being constructed in lieu thereof) insuring the repair and replacement of all defects due to faulty materials or workmanship that occur within a period of two (2) years from the date of acceptance of the improvements by the city. At the end of this period, maintenance bonds may be renewed in the event that construction, materials, or workmanship are deemed substandard or if a certain percentage of lots have not vet been built upon. (Refer to Section 17.250.) Sec. 17 -251. - Public works construction permit required. Construction shall not start on any street, sidewalk, drainage, utility or public improvement until a public works construction permit and an acceptable two -year maintenance bond has been issued for all facilities in the subdivision or the approved phase of the said subdivision. (Provisions regarding maintenance bonds requirements are set forth in Section 17.250.) G Staff Report to the Members of the Planning & Zoning Commission Date: I August 12, 2010 Work Session Agenda Item No: ( I -D Subject: I Comprehensive Plan Originated by: I Rachel Roberts, Planner The city is applying for a federal grant program that funds master planning efforts. If awarded to Kennedale, the grant would pay for 80% of our comprehensive plan costs, with the city to provide the remaining 20 %. Our proposal is due at the end of August, but the award notification date is not yet set; we only know that recipients will be announced sometime after the end of September. We'll provide updates on the status of our proposal as we receive them. Our budget has already included the costs for the plan update, and we think having a committed 20% match is a point in our favor. However, we do expect competition for the grant to be tough. Tarrant County is submitting a county -wide proposal, and the NCTCOG is also submitting a proposal. We have asked to be included in the COG proposal, just in case, but we don't know yet whether we'll be included in the final proposal. Staff Report to the Members of the Planning & Zoning Commission Date: August 13, 2010 Work Session Agenda Item No. I -D -1 Subject: Regulations concerning sales of alcohol /alcoholic beverages Originated by: Rachel Roberts, Planner With the upcoming election concerning the sale of alcohol or alcoholic beverages, the city would like the Commission to begin working on an ordinance to address how these sales will be regulated. At the meeting, we will have specific issues we would like to see addressed, in particular hours of operation and tying alcohol sales to food sales. We would also like to receive input from the Commission on any issues you see as a concern. Staff Report to the Members of the Planning & Zoning Commission Date: I August 6, 2010 Regular Meeting/Public Hearing I III Item No: Subject: I Case PZ 10 -09 Originated by: I Rachel Roberts, Planner CASE # PZ 10 -09 to consider and receive comments regarding a request for a re -plat of approximately 45.696 acres from Ben Jopling Survey A 866 Tr 3B, James R Hawkins Survey A 792 Tr 1 B, and Swiney Subdivision Lot 6A, Lot 4 less SW corner, and W Pt 5, City of Kennedale, Tarrant County, Texas to Lots 1 and 2, Block A, Bowerman Addition, City of Kennedale, Tarrant County, Texas. The property is located at 1257, 1301, and 1409 Swiney Hiett Road, an unaddressed property on N Joplin Rd, and an unaddressed property on Coker Valley Dr. The replat is requested by Bowerman Oil & Gas. This case relates to Case PZ 10 -05 heard two months ago by the Commission. The Commission approved a replat of this property with the condition that the city and property owner work out the size and location of right -of -way dedications prior to the city council hearing for the case. When we settled the details of the right -of -way dedication, we realized that the dedication on the east side of the property (would connect Glenbrook to Joplin) would create a new lot that does not meet the size requirements for the property's zoning designation. The new lot would retain the existing Agricultural zoning classification, which requires a minimum of one (1) acre. We asked the property owner to submit to council a plat showing only the dedication that had been proposed on the west side of the property (connecting Cross Creek to a possible future extension of Glaze Lane), with a written note that he would later apply for a replat and rezoning to allow for the second right -of -way dedication. City Council approved the plat with one dedication (on the west side of the property) during its July meeting. 1 The proposed replat meets most city requirements. Some corrections need to be made to the plat drawing; the surveyor is aware of these corrections and should have a corrected drawing prepared for the city council public hearing. The corrections are listed below for your reference. The new lot does not, of course, meet the city's minimum size requirements, and therefore the replat cannot be approved without a rezoning. The next case, PZ 10 -10, is the rezoning request for this property. The owner requests R -3 zoning, the details for which are addressed in a separate staff report for Case PZ 10 -10. Recommendations. Staff recommends approval of the replat with the following conditions: 1. Case PZ 10 -09 is approved only if Case PZ 10 -10 is also approved. 2. Case PZ 10 -09 is approved if the plat drawing is corrected as follows: a. Provide zoning label for the property to be platted and for surrounding property b. Note proposed zoning changes c. Note setback lines e 4uovd U Staff Report to the Members of the Planning & Zoning Commission Date: August 6, 2010 _ ................... . Regular Meeting/Public Hearing III Item No: Subject: Case PZ 10 -10 Originated by: Rachel Roberts, Planner Case PZ 10 -10 to consider and receive comments regarding a request for rezoning from AG Agricultural Zoning District to R -3 Single Family Residential Zoning District of approximately 0.4 acres more particularly described as Lot 2, Block A, Bowerman Addition. The property is located immediately south of Steeplechase Subdivision Block 3 Lot 34 and immediately west of Tract 3A1A, A -866, Ben Jopling Survey; a copy of the metes and bounds description is available at City Hall. The rezoning is requested by Bowman Oil & Gas. The rezoning requested under this case was submitted jointly with Case PZ 10 -09. The replat considered under case PZ 10 -09 would create two lots; one of the lots does not meet the minimum size requirements of the Agricultural zoning district category, so the property owner and city staff are requesting a rezoning to allow the replat. As you probably recall, the property owner's original intention was to create only one lot through a replat and final plat. During a public hearing at a city council meeting, the property owner agreed to dedicate right -of -way for future roads to provide secondary access to the Steeplechase subdivision. Secondary access has been a concern to Steeplechase residents and city staff. The subdivision has two sides, each with only one way of ingress and egress. The right -of -way dedication from the property owner would allow for future roadways to provide another way in and out of each side of the subdivision. As described in the staff report for Case PZ 10 -09, city staff and the property owner have been working on the size and location of the dedications. We determined the dedications that would work best to provide secondary access would be one on the east side of the property and one on the west side. The dedication on the east side of the property (connecting Glenbrook to Joplin) would create a new lot that does not meet the size requirements for the property's Agricultural zoning designation. The new lot would retain the Agricultural zoning classification, which requires a minimum of one (1) acre. We are requesting a rezoning to R -3 Single Family Residential. The rezoning would allow the property to be replatted with the dedication for the secondary access to the east side of Steeplechase. The entire property considered under Case PA 10 -09 recently was recently rezoned to Agricultural; prior to the rezoning, the property was zoned R -3 Single Family Residential. In addition, the properties to the north and east of the subject property are zoned R -3. The comprehensive plan's Future Land Use Plan identifies this area as low density residential, which is defined in the plan as follows: [Residential, Low Density] — Single Family Residential Homes, this includes a broad range of housing sizes and values, it generally includes all detached single family houses regardless of the size of the lot or the size of the house. [p.8] The Agricultural zoning designation and all of the city's Single Family Residential zoning designations meet the city's definition of low- density residential, and therefore an R -3 classification for this property would not conflict with the future use plan. In addition, an R -3 zoning for the subject property would not conflict with the goals of the i comprehensive land use plan. Recommendations. Staff recommends approval of Case PZ 10 -10. Staff Report To the Members. of the Planning and Zoning Commission Date: August 12, 2010 Work Session Agenda Item No: I -E 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. Salvage Yard Ordinance f. Overlay Zoning District Our summer intern, Sherrie Hubble, has begun researching environmental regulations used in other cities that permit environmentally - responsible development and building but do not compromise the city's existing ordinances and goals. For example, she's found ordinances that allow wind turbines, wind chargers, and solar panels but regulate height and setbacks. We also found guidelines and best practices for energy efficiency /environmental regulations. We are continuing our research and will have more information for you at the next meeting. In the meantime, if you'd like to read through the ordinances and guidelines found so far, please let me know, and I can email them to you or give you printed copy at the meeting. E Staff Report to the Members of the Planning & Zoning Commission Date: August 6, 2010 Regular Meeting/Public Hearing N Item No: Subject: Case PZ 10 -10 Originated by: Rachel Roberts, Planner Case PZ 10 -10 to consider and receive comments regarding a request for rezoning from AG Agricultural Zoning District to R -3 Single Family Residential Zoning District of approximately 0.4 acres more particularly described as Lot 2, Block A, Bowerman Addition. The property is located immediately south of Steeplechase Subdivision Block 3 Lot 34 and immediately west of Tract 3A1A, A -866, Ben Jopling Survey; a copy of the metes and bounds description is available at City Hall. The rezoning is requested by Bowman Oil & Gas. The rezoning requested under this case was submitted jointly with Case PZ 10 -09. The replat considered under case PZ 10 -09 would create two lots; one of the lots does not meet the minimum size requirements of the Agricultural zoning district category, so the property owner and city staff are requesting a rezoning to allow the replat. As you probably recall, the property owner's original intention was to create only one lot through a replat and final plat. During a public hearing at a city council meeting, the property owner agreed to dedicate right -of -way for future roads to provide secondary access to the Steeplechase subdivision. Secondary access has been a concern to Steeplechase residents and city staff. The subdivision has two sides, each with only one way of ingress and egress. The right -of -way dedication from the property owner would allow for future roadways to provide another way in and out of each side of the subdivision. As described in the staff report for Case PZ 10 -09, city staff and the property owner have been working on the size and location of the dedications. We determined the dedications that would work best to provide secondary access would be one on the east side of the property and one on the west side. The dedication on the east side of the 1 property (connecting Glenbrook to Joplin) would create a new lot that does not meet the size requirements for the property's Agricultural zoning designation. The new lot would retain the Agricultural zoning classification, which requires a minimum of one (1) acre. We are requesting a rezoning to R -3 Single Family Residential. The rezoning would allow the property to be replatted with the dedication for the secondary access to the east side of Steeplechase. The entire property considered under Case PA 10 -09 recently was recently rezoned to Agricultural; prior to the rezoning, the property was zoned R -3 Single Family Residential. In addition, the properties to the north and east of the subject property are zoned R -3. The comprehensive plan's Future Land Use Plan identifies this area as low density residential, which is defined in the plan as follows: [Residential, Low Density] — Single Family Residential Homes, this includes a broad range of housing sizes and values, it generally includes all detached single family houses regardless of the size of the lot or the size of the house. [p.8] The Agricultural zoning designation and all of the city's Single Family Residential zoning designations meet the city's definition of low- density residential, and therefore an R -3 classification for this property would not conflict with the future use plan. In addition, an R -3 zoning for the subject property would not conflict with the goals of the comprehensive land use plan. Recommendations. Staff recommends approval of Case PZ 10 -10. PETITION FOR CHANGE OF ZONING CLASSIFICATION ZONING CASE # ?Z 0 r D L>s :mv City Council City of Kennedale Kennedale, Texas 76060 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL: You are hereby respectfully requested to approve the following request for a change of zoning classification. To change the zoning classification of the property � described on Exhibit "A" attached, from It's current zoning classification of "/ ( irrr�� ) to that of &,,x/414/) in it's entirety as shown on Exhibit "13" attached, The property totals some 2' _ acres. Legal Description is dlock 4 rite �r�t1� <y��airl Present use of the property is /IC Address of the property is Property Owner's Name: Address: Telephone Number: Applicant's Name: Address: Telephone Number: I T HI S IS TO CERTIFY THAT 1V IS THE SOLE OWNER(S) OF THE PROPERTY DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "B ", ON THE DATE OF THIS APPLICATION. LX1 I- / Owner Signature Owner Signature L- f !cl6 feu 879 a-? (I - 13 0 r: 91 7- 3 " 6 -330 0 Staff Report To the Members of the Planning and Zoning Commission Date: August 11, 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 July 2010 meeting for your review and consideration for approval. I will have the final draft for you at the meeting; no major changes to the minutes are expected. 1 Staff Report to the Members of the Planning and Zoning Commission Date: August 11, 2010 Regular Meeting Agenda Item No: VI Subject: Chair and Vice -Chair Appointments Originated by: Rachel Roberts, Planner Several months ago, I asked the Planning & Zoning Commission members whose terms were expiring if they would like to continue to serve but forgot to ask the commission to appoint a chair and vice -chair for the next year. If you will make your recommendations for chair and vice -chair of the commission, I will forward them to city council for consideration at its September meeting. Staff Report to the Members of the Planning and Zoning Commission Date: August 12, 2010 Regular Meeting Agenda Item No: I VII Subject: Update on city projects Originated by: Rachel Roberts, Planner The proposed amendments to the oil and gas ordinance were considered and approved at the August city council meeting. Staff will provide information about other city projects, including progress on road projects, at the meeting. Work Session Roll Call if present Lori Bryan Ray Cowan f Frank Fernandez Ernest Harvey David Hunn Charles Overstreet Billy Simpson Vason Galloway `f La 6 ct 12 Regular Meeting & Public Hearing Roll Call 4 if present Lori Bryan Ray Cowan Frank Fernandez t-/Ernest Harvey „k-' David Hunn Charles Overstreet Billy Simpson Jason Galloway tanTS - alli& C ���