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12.16.2010 PZ PacketAGENDA PLANNING & ZONING COMMISSION DECEMBER 16, 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. Comprehensive Land Use Plan Update B. Discussion on ambiguity in outside storage, outdoor display regulations C. 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 REGULAR MEETING, 7:00 P.M. II. VISITORS /CITIZENS FORUM At this time, any person with business before the Planning and Zoning Commission not scheduled on the Agenda may speak to the Commission, provided that a "Speaker's Request Form" has been completed and submitted to the Planning and Zoning Commission Secretary prior to the start of the meeting. All comments must be directed towards the Chair, rather than individual P & Z members or staff. All speakers must limit their comments to the subject matter as listed on the "Speaker's Request Form." No formal action can be taken on these items. III. CASE # PZ 10 -14 to receive comments and consider action to amend Chapter 17, Section 17- 426(c)(2) of the Kennedale city code, by amending regulations governing distance between padsites and by amending the requirements for drilling permit applications. A. Staff Presentation B. Public Hearing C. Staff Response and Summary IV. CASE # PZ 10 -15 to receive comments and consider action to amend Chapter 17, Article VI of the Kennedale city code, by amending regulations governing zoning, including definitions and the Schedule of Uses. A. Staff Presentation B. Public Hearing C. Staff Response and Summary Page 1 of 2 V. CASE # PZ 10 -16 to receive comments and consider a request for a zone change of approximately 0.2 acres at Tr 3E Abst 1260 Jesse B Renfro Survey (100 E Kennedale Pkwy) from "C2" General Commercial to "Cl" Restricted Commercial. The zone change is requested by Alnasir Dhalla of, Lanar, Inc. A. Staff Presentation B. Applicant Presentation C. Public Hearing D. Applicant Response E. Staff Response and Summary VI MINUTES Approval of minutes from the November 2010 Planning & Zoning Commission meeting VII STAFF REPORTS (A) Announcements VIII. ADJOURNMENT Page 2of2 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 16 day of December 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 f day of December 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 December I Q , 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 City of Kennedale public meetings 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 0 day of December 2010. pacw By: Rachel Roberts Rachel Roberts Planner Z/ f DATE: PETITION FOR CHANGE OF ZONING CLASSIFICATION ZONING CASE # Pz fQ - I (P 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 " C " ( ) to that of " %/-'/ 1 1 _ " ( ) in it's entirety as shown on Exhibit "B" attached. The property totals some o . acres. Legal De scription is UeSS( R�.�� Y'tCr�� `�� VV a- � I �(a0 Tr 3 Present use of the property is L o t-- t C- PJ y - V v� w i T H G 5 - 5 - F Vq 71 0 rJ Address of the property is ® = 0 tJ 9A i.F ��' V t y Property Owner's Name: N� Address: 5`3 — f o ® 4 t� CT 0 0L M R- I cNL� g 14+Lt.j� . TX. - 76 Telephone Number: r -e 1'7 --2.95 Applicant's Name: S'as Address: Telephone Number: THIS IS TO CERTIFY THAT f L nNA5 i z 3 l-1 A t-L A- IS THE SOLE OWNER(K OF THE PROPERTY ESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "B ", ON THE DATE OF THIS APPLICATION. caner ignature Owner Signature N LL 0 r w a IL C6 m_ X w U U w a M co � CV F- ` N \��\ r O ti o L) � A � M I- N � U L , a � rn �C� VA Q ti� � �Y U LO a N U CO uj N Lo a N t� N r W U L� �Oo C w LO w N ry LO L Q � M � N (lu :ldOH Ac aN ICI a M T N �l�ll�l all N � ( M M q 4 N d' 6 0 6 _� �6 91 6 W f � Q� w m Q c rn o ai c N s � F o U a � M � g' 0 ►' N Q m N � N Q N C Q, 0. O. tp C W 4 0 o E c c N y to O CL i i o c E - �o 1 O-::ro a> o m ao CL ma a. H a_ m V) t o lb • A i r `e A y' A b y' , y a r1. ,c 0 w 0 N 0 0 N O co W M 0 m X co =-i co G) m N 0 -n N Staff Report to the Members of the Planning & Zoning Commission Date: December 10, 2010 Agenda Item No: I -A Subject: Comprehensive Land Use Plan Originated by: Rachel Roberts, Planner The City Council plans to select the members of the comprehensive plan update advisory committee during its January meeting. The first meeting of the advisory group is tentatively scheduled for Wednesday, February 9, and the first public input meeting is tentatively scheduled for Monday, March 14. Staff Report to the Members of the Planning & Zoning Commission Date: December 10, 2010 Agenda Item No: I_g Subject: Ambiguity in outside storage, outside display regulations Originated by: Rachel Roberts, Planner Staff has not yet prepared more information on this issue, but we should have more information for you in time for the January meeting. We apologize for the delay. Staff Report To the Members of the Planning and Zoning Commission Date: December 10, 2010 Agenda Item No: I I -C Subject: I List of Items for Future Consideration Originated by: I 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 1 Staff Report to the Members of the Planning & Zoning Commission Date: November 30, 2010 Agenda Item No: III Subject: Case PZ 10 -14 Originated by: Rachel Roberts, Planner Michele Berry, Intern CASE # PZ 10 -14 to receive comments and consider action to amend Chapter 17, Section 17- 426(c)(2) of the Kennedale city code, by amending regulations governing distance between padsites and by amending the requirements for drilling permit applications. ATTACHMENT(S): Exhibit A, proposed ordinance PAD SITE SPACING The city's recently- adopted amendments to the oil & gas regulations included a minimum spacing requirement between padsites. When the city calculated what the minimum distance should be, it was not the city's intention to prohibit Chesapeake Operating from pursuing its application to drill at a site off Bolen Road. The distance limitation adopted by the city, however, will prohibit Chesapeake from pursuing a special exception and permit for the Bolen Road padsite. City staff requests an amendment to the oil and gas ordinance, reducing the distance requirement so that Chesapeake can proceed with its request. The amendment request is not an endorsement of Chesapeake's proposed drilling activities and is made only to correct an oversight. The current ordinance language and proposed amended language are as follows (see also attached proposed amendment, "Exhibit A "): CURRENT: No drilling or production site or compressor station shall be permitted within four thousand five hundred (4500) feet of an existing drill site or compressor station... PROPOSED: No drilling or production site or compressor station shall be permitted within three thousand five hundred (3500) feet of an existing drill site or compressor station... REQUIREMENT FOR DRILLING PERMIT APPLICATIONS The recently- adopted amendments also require operators to include a copy of the drilling permit application from the Railroad Commission (RRC) as part of their applications to the city. Operators pointed out to city staff that it is difficult for them to pursue an application from the RRC for padsites that have not yet been permitted by the city. Operators have no way to know whether the city will grant the special exception to drill, and obtaining all necessary leases and performing all necessary work to get the RRC permit is a burdensome and expensive process for them to perform when they don't know whether the city will actually permit drilling for a particular site. The operators asked staff to consider requesting P &Z and the council to remove this provision from the oil & gas regulations. We are open to some flexibility but also want to ensure the operators are applying for a site that can be approved by the RRC. The City of Fort Worth does not require a copy of the RRC permit to be submitted to the city with the city application, but they do require a copy of the operator's application to the RRC. They also will not issue the city permit until the RRC permit has been issued. Staff recommends Kennedale adopt a similar requirement. The current ordinance language and proposed amended language are as follows (see also attached proposed amendment, "Exhibit A "): CURRENT: (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. Page 2 of 7 -�� (h) A copy of the application to the railroad commission for a permit to drill, together with attachments and survey plats, which are applicable to the drill and operation- sites. No drilling permit will be issued by the city until the operator has submitted to the city a copy of the appropriate permit(s) to drill from the railroad commission. Page 3 of 7 EXHIBIT A 161.01 A51,72TIVII U6101111111 ? [*I 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 i 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 , 2010, and by the City Council of the City of Kennedale, Texas, on , 2011, 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(c)(2) of the Kennedale City Code is hereby amended to read as follows Page 4 of 7 (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: (2) No drilling, production, compressors, compressor station or gathering station shall be permitted within the floodway or 500 -year floodplain as defined by FEMA or within six hundred (600) feet of any cultural, historic or archeological resources, or groundwater recharge areas; or environmentally sensitive areas excluding floodplain or floodways; or within six hundred (600) feet of any habitable structure or public building, institution, park, school, or commercial building for which a building permit has been issued on or before the date the application for a drilling permit is filed with the city; provided, however, that drilling shall be permitted as close as three hundred (300) feet if all affected property owners agree in writing. The distance shall be calculated from the well bore, in a straight line, without regard to intervening structures or objects, to the primary structure of the protected use or park boundary. No drilling, production, compressor, compressor station, or gathering station shall be permitted within three hundred (300) feet of a neighboring property line unless all affected property owners agree in writing. 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 neighboring property line, then the operator may apply to the Board of Adjustment for a special exception from the requirement that all affected property owners must agree in writing. When four (4) or fewer waivers are required, if all but one (1) property owners agree in writing to permit drilling or production within the reduced distance, then the operator may apply to the Board of Adjustment for a special exception from the requirement that all affected property owners must agree in writing. No drilling or production site or compressor station shall be permitted within three thousand five hundred (3,500) feet of an existing drill site or compressor station, except that existing pad sites may be expanded so that different operators may share space at the same pad site ( "co- location "). Co- locations must have a common drive, common sound walls, and commons screening. Page 5 of 7 SECTION 2. Section 17- 426(d- 1)(1)(h), is hereby amended by adding to read as follows: (d -1) Oil and gas permit application. (1) Applications for oil and gas well permits shall include the following: (h) A copy of the application to the railroad commission for a permit to drill, together with attachments and survey plats, which are applicable to the drill and operation- sites. No drilling permits will be issued by the city until the operator submits to the city copies of the appropriate permits to drill from the railroad commission. SECTION 3. 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 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. 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 Page 6 of 7 court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Kennedale is hereby directed to publish in the official newspaper of the City of Kennedale the caption, penalty clause, publication clause and effective date clause of this ordinance as provided by Section 3.10 the Charter of the City of Kennedale. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. 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 2011. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Page 7 of 7 Staff Report to the Members of the Planning & Zoning Commission Date: November 30, 2010 Agenda Item No: IV Subject: Case PZ 10 -15 Originated by: Rachel Roberts, Planner Michele Berry, Intern CASE # PZ 10 -15 to receive comments and consider action to amend Chapter 17, Section 17 -421 of the Kennedale city code, by amending the schedule of uses. ATTACHMENTS: • List of definitions for convenience store used by other cities • Proposed ordinance amending the city code BACKGROUND The recent election to allow alcohol sales in Kennedale created a need to update our city code to include regulations for uses that previously would not have been permitted (e.g., wineries, package stores). Since that time,. staff realized that changes to the zoning code are still needed. We have already received two applications from existing convenience stores to sell alcohol. However, convenience stores are not recognized or defined by the schedule of uses in the code. Instead, these businesses are classified as "service stations." "Service station" is a term more applicable to gas stations that offer auto repairs /service, and service stations are not common uses anymore. Instead, most gas stations also include a convenience store, rather than a service center. Convenience stores can also be stand -alone businesses that do not sell gas. Because this use is not included in our Schedule of Uses, it is difficult for the city to determine which zoning regulations apply to such businesses, especially existing businesses that are classified as service stations but really are not. Convenience stores should be added to the schedule of uses and defined in Chapter 17. On the last page of this staff report, we've included definitions used in several cities in the region. Below please find the definition recommended by staff, and following this staff report please find the proposed ordinance amending the city code. In addition to addressing convenience stores, this is a good opportunity for the Commission to consider the appropriate zoning for gas stations /service stations. Currently, service stations are zoned "C -2 ". Much of Kennedale Parkway is zoned C -2, and this use is not appropriate for much of the Parkway. Staff requests the Commission to consider making a recommendation to City Council that service stations be limited to "C -1" zoning districts only. NON - CONFORMING USES There are six service stations operating in Kennedale, one of which is already zoned C -1. The five remaining service stations will be encouraged to apply for C -1 zoning, as they are all located on the Parkway, and staff does not believe that a rezoning of these properties from C -2 to C -1 would be in conflict with the comprehensive plan (one of these service stations has already applied for rezoning; see Case PZ 10 -16). If the Commission and Council approve amending the Schedule of Uses so that service stations are allowed in C -1 districts only, any of the service stations that choose not to pursue rezoning to C -1 will become non - conforming uses. Theses uses will be allowed to continue in operation under the non - conforming use regulations in Sec. 17- 428 of the Kennedale city code. The expected QuikTrip development is to be on property zoned PD with an underlying C -1 zoning and would not be affected by the proposed change to the Schedule of Uses. CITY RECOMMENDATION • Definition: Define convenience store as follows: Convenience store means a small retail store (not a grocery store) offering the sale of convenience goods such as prepackaged food products, household items, and other goods commonly associated with the same which may also provide gasoline / petroleum products as a primary or secondary use. • Zoning: Permit convenience stores in C -1 zoning districts only. Permit service stations in C -1 zoning districts only. Please note that for zoning, the city cannot distinguish between convenience stores and service stations that sell alcohol and those that do not. Convenience Store, as defined in other North Texas cities Alvarado: Convenience retail shop with maximum of 350 square feet per 100 dwelling units to provide for sale of food items, nonprescription drugs, small household items, and gifts. North Richland Hills: Convenience store means a retail store, not a grocery 'store, where a limited amount of prepackaged food items are primarily sold as a quick service facility. The self - service sale of automobile fuel with maximum fuel service pump units to serve no more than eight automobiles simultaneously is a typical secondary and accessory use of a convenience store. Richland Hills: Convenience store, with or without fuel sales, means any premises offering as a convenience store the sale of prepackaged food products, household items, and other goods commonly associated with the same which may also provide petroleum products as a primary or secondary use. Saginaw: Convenience store, A small retail establishment, usually located within or associated with another use, that offers for sale convenience goods, such as prepackaged food items, tobacco, periodicals, and other household goods. AND Convenience store, with or without fuel sales. A premise where gasoline and /or other petroleum products are sold as a principal use, and in connection with the principal use, a convenience store offering for sale prepackaged food products, household items, and other goods commonly associated with the same. ORDINANCE NO. AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, AMENDING SECTIONS 17 -421 AND 17 -431 OF ARTICLE VI "ZONING" OF CHAPTER 17 "PLANNING AND DEVELOPMENT "; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas 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, in order to promote the public health, safety and general welfare the City Council desires to adopt the proposed amendments to its city code in order to add regulations governing convenience stores and to amend regulations governing service stations; and WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential or other purposes, for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on December 16, 2010 and by the City Council of the City of Kennedale on , with respect to the zoning amendments approved herein; and WHEREAS, all requirements of law dealing with notice to other property owners, publication and all procedural requirements have been complied with in accordance with Chapter 211 of the Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1. Sec. 17 -431 of the Kennedale City Code is hereby amended by adding the following definition for convenience store: Convenience store means a small retail store (not a grocery store) offering the sale of convenience goods such as prepackaged food products, household items, and other goods commonly associated with the same which may also provide gasoline / petroleum products as a primary or secondary use. SECTION 2. Section 17 -421 of the Kennedale City Code is hereby amended by adding and amending uses in the Schedule of Uses, as follows: See attached Exhibit "A" SECTION 3. PENALTY FOR VIOLATION Except as otherwise provided in this Ordinance, any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Two Thousand Dollars ($2,000.00) for all violations involving zoning and Five Hundred Dollars ($500.00) for all other offenses, and in addition shall pay all costs and expenses involved in the case. Each day a violation occurs is a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION 4. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of all existing ordinances and of the Kennedale City Code (1991), as amended, including but not limited to all ordinances of the City of Kennedale affecting zoning, licenses, taxation, and businesses, or sale or consumption of alcoholic beverages, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 5. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. SAVINGS CLAUSE All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of the Kennedale City Code (1991), as amended, or any other ordinances regarding affecting zoning, licenses, taxation, and businesses, or sale or consumption of alcoholic beverages that 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 7. This ordinance shall be in full force and effect from and after its passage and publication and it is so ordained. PASSED AND APPROVED this day of 2011. ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Mayor, Bryan Lankhorst City Attorney W a� 4-� O U N d' w N U U O U A H O M N U r%) t%] COO, - 0 rn 7 0 i; of C �o ET 1 ►E LEGEND Public / Semi - Public Commercial / Retail & Office >>Light Indutrial O Industrial eM F Landscape Buffer Area rludon; Village Cree{� Rd� J, — CL ...................... . Z N t C °' fo ci ° fort h I`o c I Y South Dick Price Rc 4u , � J F o rt ®®® ® a At -Grade Railroad Crossing Alternative designs need to be researched & �i an optimal location for a grade separated Railroad Crossing needs to be determined Entry Feature Hudson U 0 C ttt c c W ^------------------- -------- ----- -- ---------------! Note: A Comprehensive Plan shall not constitute zoning regulations or establish zoning district boundaries. fp Base map prepared by; it Cheatham & Associates Q 540 ,1000 Civil Engineers Scale 1500 250c Prepared by: y° IRC Il�C�o I`I�nw Municipal Planning Resources Group, Inc. oTt r` 1 Un-^ City ° 91 610 ,� �,Vwxe -c L— --a .ft A., a rt Ago s , 0f Z�l EXHIBIT E CITY OF KENNEDALE ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF KENNEDALE; BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE CITY OF KENNEDALE, BEING APPROXIMATELY 0.2 ACRES OUT OF THE JESSE B RENFRO SURVEY, ABSTRACT 1260, TRACT 3E; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas 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; WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential or other purposes, for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, a change in the zoning classification of the property listed below was requested by a person or entity having a proprietary interest in said property; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on December 16, 2010 and by the City Council of the City of Kennedale on the day of 2011 with respect to the zoning change described herein; and WHEREAS, all requirements of law dealing with notice to other property owners, publication and all procedural requirements have been complied with in accordance with Chapter 211 of the Local Government Code; and WHEREAS, the City of Kennedale, Texas does hereby deem it advisable and in the public interest to amend Ordinance No. 40, as amended, as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION I. Ordinance No. 40, as amended, the comprehensive zoning ordinance of the City of Kennedale, is hereby amended to rezone the following property from "C -2" General Commercial District to that of "C -1" Restricted Commercial District as shown and described TM See Exhibit "A" and Exhibit "B" SECTION 2. The zoning districts and boundaries as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the community. They have been designed to lessen congestion in the streets, to secure safety from fire, panic, flood and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provisions of transportation, water, sewerage, parks and ether public requirements. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses allowed and with a view of conserving the value of the buildings and encouraging the most appropriate use of land throughout the community. SECTION 3. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. SECTION 4. The use of the property hereinabove described shall be subject to all the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the City of Kennedale, Texas. SECTION 5. This Ordinance shall be cumulative of Ordinance No. 40, as amended, and all other Ordinances of the City of Kennedale affecting zoning and land use, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. All rights or remedies of the City of Kennedale, Texas are expressly saved as to any and all violations of Ordinance No. 40 or of any amendments thereto that 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, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. SECTION 7. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Two Thousand Dollars ($2,000.00) for all violations involving zoning and Five Hundred Dollars ($500.00) for all other offenses, and in addition shall pay all costs and expenses involved in the case. Each day a violation occurs is a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION 9. This ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED THIS DAY OF 2011. ITI •'•I ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY _ pfd t , DATE: PETITION FOR CHANGE OF ZONING CLASSIFICATION ZONING CASE # Pz 10 -° I CP City Council City of Kennedale Kennedale, Texas 76060 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL: You are hereby respectfully requested to approve the following request for a change of zoning classification. To change the zoning classification of the property described on Exhibit "A" attached, from it's current zoning classification of " Ca " ( ) to that of -k/-'/ I " ( ) in it's entirety as shown on Exhibit "B" attached. The property totals some Q . acres. Legal Description is U 6 5 0 6 R CC QJ i of f I ( 0 _6( Present use of the property is L o t0 l k N 5 T v w t7 ` 6 5 5T0 T1 (~J Address of the property is n o . 1/ 0 tJ C- 9A i.E Y' V-s Property Owner's Name: _qtr N A5� 1 la e,(-�& Address: 5`3 5��+°L`t�► C`F Telephone Number: 91 - 2 3-5 Applicant's Name: S'Cs Address: <t4 s 4 0 VP- Telephone Telephone Number: THIS IS TO CERTIFY THAT 1 t L iy A 12 -3l�A LL-A- IS THE SOLE OWNER($ OF THE PROPERTY ESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "B ". ON THE DATE OF THIS APPLICATION. AM4 I--- wner ignature Owner Signature Staff Report to the Members of the Planning & Zoning Commission Date: November 30, 2010 Agenda Item No: V Subject: Case PZ 10 -16 Originated by: Rachel Roberts, Planner Michele Berry, Intern CASE # PZ 10 -16 to receive comments and consider a request for a zone change of approximately 0.2 acres at Tr 3E Abst 1260 Jesse B. Renfro Survey (100 E Kennedale Pkwy) from "C2" General Commercial to "Cl" Restricted Commercial. The zone change is requested by Alnasir Dhalla of Lanar, Inc. ATTACHMENT(S): • Exhibit A, legal description • Exhibit B, illustration /map of property • Exhibit C, excerpt from Zoning Map • Exhibit D, excerpt from Future Land Use Plan • Exhibit E, proposed ordinance BACKGROUND In Case PZ 10 -15, the city proposed to change the zoning ordinance to define and classify zoning for Convenience stores, a use not previously included in our zoning ordinance. Convenience stores, when defined and added to the schedule of uses, are proposed to be allowed in areas zoned C1. Alnasir Dhalla of Lanar Inc currently operates a convenience store located on property zoned C2. If the proposed changes to the ordinance are made, the store would become a non - conforming use. To avoid any potential conflicts that may arise, Mr. Dhalla has requested a zone change from C2 to C1. No change in the actual land use is being proposed, simply a change in the zoning classification. COMPLIANCE WITH THE COMPREHENSIVE PLAN The zone change would be in compliance with the comprehensive land use plan. The property is located on Kennedale Parkway between the intersections with New Hope Road and Short Street (see attached Exhibit B). The property is designated "Commercial" in the future land use plan and comprehensive plan, which is defined to include "a broad range of retail sales, retail service, office, mixed -use office /retail, small business, restaurants, entertainment uses and other commercial business establishments." Mr. Dhalla's convenience store fits this classification, and the change from C2 to C1 will not affect the commercial use of the property. 711 WI The property to the immediate south of the subject property is zoned C -2. Properties to the immediate west and northwest are zoned C -1. The planning staff recommends approval of this zone change. It is in compliance with the comprehensive land use plan, and staff has encouraged Mr. Dhalla to pursue this zone change as a way to avoid future problems and to prevent his store from becoming a non - conforming use *. *Please note that a rezoning does not remove any other existing non - conforming status on the property. For example, if the existing building is non - conforming due to insufficient setbacks, rezoning the property will not remove the setback nonconformance. w LO M 4 O O N Y 0 0 N O M O Z Y s I >� H i t IN A ti T r., h 0 i i U U U U) Q L M F- N CV w w Q M � � C�1 F- Y U � Q m H � L Q �- rn a N I V W l ci t11 N LO 4 n *v m O Pf 0 9.1 C" Z Q.' � N �e Ul) U wQ �m w ry N w a N � M N QH :IdOH WIN N �l�ll�l all @ M N ° M 6 0 6 U R 6 06 46 QL W 4 � O (D r c C N d O C ' S a0 0 a N �. N C Q. Q�0 C 6 . cis d C 4 a 0 � G C R) A N 49 M W C CL � GU 'p a- F- Q _ m Case PZ 10 -16 EXHIBIT A Legal description of property proposed for re- zoning Jesse B Renfro Survey Abstract 1260 Tract 3E X wi X C O Q 0 Q Q Q O_ (D (D (D Q C `L Q. tQ r-r O 7 7 7 7 n C N U) rt O aD lQ rt -. - (D a CD o - o i o o (D (n p' C7 n p `2 - Ti - 1 TI G C) O •Q 1 C Q Q Q N :' o (D 0 o O 3 p p 3 �• p 3 3 n o N' o o p 0 a n' 3 3 3 3 3 o' (° (D m n U) p .+ w O 0 _/ l _N � - d p p p CD 7 Q O' rn-r- � 7 vl W N' 13 c rn CD o v Q 0 o Q o N 3 3 p v rt .-(J CD 0 N N 0 r-r a d N O (D (D m p CD �. p N• rt (� N F rn c� m z 0 CITY OF KENNEDALE PUBLIC HEARING SIGN -IN FORM CASE # PZ 10 -16 to receive comments and consider a request for a zone change of approximately 0.2 acres at Tr 3E Abst 1260 Jesse B Renfro Survey (100 E Kennedale Pkwy) from "C2" General Commercial to "Cl" Restricted Commercial. The zone change is requested by Alnasir Dhalla of Lanar, Inc. r ADDRESS: p f ZIP PHONE NUMBER: 7' (j '; [ 1-3 2. 1 HEREBY ❑ WISH TO ADDRESS THE COMMISSION. r` 0 DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. 1 AM REGISTERING 17 FOR ❑ AGAINST THE ZONING CHANGE. 4. IN REGISTERING, I REPRESENT: C` MYSELF ❑ THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 5. THEIR BUSINESS ADDRESS IS: SIGNATURE: �`� DATE: `` " Staff Report To the Members of the Planning and Zoning Commission Date: December 10, 2010 Regular Meeting/ VI Public Hearing Agenda Item No: Subject: Minutes Originated by: Rachel Roberts, Planner The minutes from the November meeting are not yet ready for your review. I apologize for the delay in sending them to you and will have them to you before the January meeting. 1 Staff Report to the Members of the Planning & Zoning Commission Date: December 10, 2010 Regular Meeting/Public Hearing Item No: VII Subject: Announcements Originated by: Rachel Roberts, Planner At this time, city staff and Commission members may report about items of community interest, including but not limited to information regarding holiday schedules, upcoming or past events, community news, city projects, and general matters related to planning or zoning. Regular Meeting & Public Hearing Roll Call � if present X Lori Bryan Ray Cowan Frank Fernandez Ernest Harvey David Hunn t/ Charles Overstreet G" Billy Simpson V, Jason Galloway Thomas Pirtle Work Session Roll Call if present x Lori Bryan Ray Cowan Frank Fernandez Ernest Harvey David Hunn Charles Overstreet Billy Simpson X Jason Galloway Thomas Pirtle > aV� t `rte CITY OF KENNEDALE PUBLIC HEARING SIGN -IN FORM CASE # PZ I"- 5-to receive comments and consider action to amend Chapter 17, Article VI of the Kennedale city code, by amending regulations governing zoning, including definitions and the Schedule of Uses. iMZF_1J11�1 ADDRESS: F PHONE NUMBER � . Lt 7 1 I HEREBY 1 ISH 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 0AGAINST THE AMENDMENT. 4. IN REGISTERING, I REPRESENT. MYSELF 11 THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GOUP: 5. THEIR BUSINESS ADDRESS IS SIGNATURE: '�__ ' �� DATE: