01.20.2011 PZ PacketAGENDA
PLANNING & ZONING COMMISSION
JANUARY 20, 2011
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. Oil and gas ordinance
D. Noise ordinance(s)
E. Discuss and review any item on the agenda, if needed
F. List of Items for Future Consideration
In addition to the items listed under this item, below, the Commission may add items to the list for future
discussion. Commission members may discuss the item in order to determine how to direct staff to
( bring the item to the Commission as a future agenda item, but no action may be taken.
a. Alcohol Ordinance
b. Green / Environmental Regulations
c. Bowman Springs Rd and Little School Rd
d. Incompatible Zoning Districts / Properties
e. Storm Water Ordinances and Creek Ordinances
f. Salvage Yard Ordinance
g. Overlay Zoning District
REGULAR MEETING, 7:00 P.M.
II. VISITORS /CITIZENS FORUM
At this time, any person with business before the Planning and Zoning Commission not scheduled on the
Agenda may speak to the Commission, provided that a "Speaker's Request Form" has been completed
and submitted to the Planning and Zoning Commission Secretary prior to the start of the meeting. All
comments must be directed towards the Chair, rather than individual P & Z members or staff. All
speakers must limit their comments to the subject matter as listed on the "Speaker's Request Form." No
formal action can be taken on these items.
III. CASE # PZ 11 -01 to receive comments and consider a request by M. Naseem Patel for a zone
change of approximately 2/3 acre at James A Arthur Addn Lot 1 R2 (317 W Kennedale Pkwy) from "C2"
General Commercial to "Cl" Restricted Commercial.
A. Staff Presentation
B. . Applicant Presentation
C. .'Public Hearing on Case # PZ 11 -01
Page 1 of 2
D. Applicant Response
E. Staff Response and Summary
IV. MINUTES
Approval of minutes from the November and December 2010 Planning & Zoning Commission meetings
V. ANNOUNCEMENTS
(A) Staff reports on city projects
(B) Other announcements from staff or Planning & Zoning Commission members
VII. ADJOURNMENT
Page 2 of 2
NOTICE OF MEETING
KENNEDALE PLANNING & ZONING COMMISSION
KENNEDALE, TEXAS
Notice is hereby given that a Work Session will be held by the Planning &
Zoning Commission of the City of Kennedale, Texas at 6:00 P.M., and a
Regular Meeting and Public Hearing will be held at 7:00 P.M., on the 20 day of
January 2011, 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 14 day of January 2011.
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 January 14, 2011 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 a city 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 14 day of January 2011.
By: (d
R chel Roberts
Planner
Staff Report
to the Members of the Planning & Zoning Commission
Date:
January 13, 2011
Agenda Item No:
I -A
Subject: Comprehensive Land Use Plan update
Originated by: Rachel Roberts, Planner
At the city council meeting today, the council appointed the following people to the
comprehensive land use plan advisory committee:
1.
Cheryl Abbott
2.
David McMillan
3.
Don Harrelson
4.
Frederick White
5.
Julie Green
6.
Ronnie Nowell
7.
Pat Turner
8.
Charles Overstreet
9.
Ernest Harvey
10.
David Hunn
11.
Linda Elam
12.
Donna Gerron
13.
Pat Doescher
City council members:
1. Liz Carrington
2. Jerry Miller
3. Kelly Turner
The council also appointed four members of Interact, which is a leadership club at the
high school, sponsored by the Kennedale Rotary Club.
Mr. Turner will serve as chair of the advisory committee, and Ms. Carrington will serve
as co- chair.
Staff Report
to the Members of the Planning '& Zoning Commission
Date:
January 14, 2011
Agenda Item No: I_g
Subject: Ambiguity in outside storage, outside display regulations
Originated by: Rachel Roberts, Planner
In this staff report are excepts from our city code stating current outside
storage and outside display regulations, as well as a note from our city attorneys
in 2005 describing inconsistencies in outside storage and outside display
regulations in the different commercial zoning districts.
These items are included to facilitate discussion during the upcoming
meeting. We are continuing to research this issue and should have additional
comments for you at the meeting.
Staff Report
to the Members of the Planning & Zoning Commission
Date: January 14, 2011
Agenda Item No: I -C
Subject: Oil and gas ordinance
Originated by: Rachel Roberts, Planner
As discussed during the joint work session with city council, there are some
components of the oil and gas ordinance that need to be revisited. Noise is one issue,
but city council has suggested addressing this issue more comprehensively, so we've
added an item to the work session to address regulating noise, in general.
At this point in the meeting, staff would like the Commission members to provide
a list of issues they see as a concern, and we will begin researching how to address
those concerns.
Staff Report
to the Members of the Planning & Zoning Commission
Date:
January 14, 2011
Agenda Item No: I :[ — D
Subject: Noise ordinance(s)
Originated by: Rachel Roberts, Planner
At the joint work session with city council last night, the council and Commission
discussed amending the oil and gas ordinance to address unresolved sound issues associated
with these uses. Council suggested it would be better to look at noise regulations for all uses,
instead of having regulations for different specific uses. This would make it easier to regulate
noise on a general level as part of a more overall plan to reduce noise nuisances in general.
Attached to this message are excerpts from the city code governing noise as nuisances
in general and noise specifically for oil and gas operations.
Sec. 17 -426
From the Oil & Gas Ordinance
(n) On -site operation requirements.
(5) Temporary compressor for each well shall be classified as temporary for six (6) months
for noise and screening regulation purposes. Compressors shall be classified as
permanent thereafter and shall be required to meet noise and screening requirements for
permanent compressors, 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.
(o) 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.
(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 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.
(5) The noise level during fracing, drilling, production, or other operations shall not exceed
seventy (70) decibels at any point three hundred (300) feet from the boundary of the drill
site between 8:00 a.m. and 7:00 p.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 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.
If averaging is used to measure sound levels, time periods for averaging shall not exceed
three (3) minutes.
From the Nuisance Regulations
Sec. 15 -151. - Definitions.
The following definitions shall apply in this article, unless otherwise indicated:
A- weighted sound level means the sound pressure level in decibels as measured on
a sound level meter using the A- weighing network. The level so read is designated dB(A)
or dBA.
Decibel (dB) means a unit for measuring the volume of a sound, equal to twenty
(20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound
measured to the reference pressure, which is twenty (20) micropascals (twenty (20)
micronewtons per square meter).
Dwelling means any residence, hotel, or other similarly occupied structure other
than the dwelling of the person responsible for or causing the noise.
Equivalent sound pressure level (Leq) means the level of an equivalent sound which
would have the same total energy as the time varying sound being evaluated and which
can be measured by special sound level meters.
On -going activities means activities that occur on a regular or frequent basis. This
definition includes permanent facilities that host activities and events. On -going activities
do not include one -time events or annual activities that may receive permits pursuant to
section 15 -157 of this chapter. This definition does not include activities of a
governmental entity or a political subdivision of the state.
(Ord. No. 205, § 1, 10- 26 -00; Ord. No. 405, § 1, 7- 10 -08)
Sec. 15 -152. - Noise nuisances prohibited.
It shall be unlawful for any person to make, cause, or allow to be made within the
corporate limits of the city or within five thousand (5,000) feet thereof, any nuisance as
described in this article or any other unreasonably loud or disturbing noise that is
offensive to the ordinary sensibilities of the inhabitants of the city, renders the enjoyment
of life or property uncomfortable, or interferes with public peace and comfort.
(Ord. No. 205, § 1, 10- 26 -00)
Sec. 15 -153. - Nuisance if noise exceeds permitted level.
Any noise within the city's corporate limits or within five thousand (5,000) feet
thereof that exceeds the following noise levels, as measured at any point along the
property line of the site generating the noise, is declared to be an unreasonably loud or
disturbing noise and a nuisance and shall be deemed a violation of this article:
(1) Any offense as set forth in V.T.C.A., Penal Code §§ 42.01(a)(5) and
(c)(2)•
(2) On property which is in compliance with a sound mitigation plan approved
under section 15 -158, any single event maximum sound disturbance in excess of
seventy (70) decibels created by any business, activity or use between the hours of
10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday and 7:00 a.m.
the following day and between the hours of 12:00 a.m. (midnight) on Friday or
Saturday night and 7:00 a.m. the following day.
(Ord. No. 205, § 1, 10- 26 -00; Ord. No. 405, § 2, 7- 10 -08)
Sec. 15 -154. - Nuisance if causes distress, discomfort, annoyance, or injury.
In addition to the prohibitions set forth in sections 15 -153 and 15 -155, the following
acts, when conducted in such a manner or with such volume, intensity or duration as to
cause material distress, discomfort, annoyance or injury to persons of ordinary
sensibilities within the immediate vicinity or residing or working on adjacent properties are
declared to be nuisances in violation of this chapter; but said enumeration shall not be
deemed to be exclusive:
(1) The use of any loudspeaker or amplifier.
(2) The keeping of any animal or bird which creates frequent or long -
continued noise.
(3) The continued or frequent sounding of any horn or signal device on any
automobile, motorcycle, bus, or other vehicle except as a danger or warning signal,
or the creation by means of any such horn or signal device of any unreasonably
loud or harsh noise for any unnecessary and unreasonable period of time.
(4) The running of any automobile, motorcycle, or vehicle so out of repair, so
loaded or in such condition as to create loud or unnecessary grating, grinding,
jarring, banging, or rattling noise or vibrations.
(5) The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, motor vehicle, motorcycle, or boat engine
except through a muffler or other device which will effectively prevent loud or
explosive noises therefrom.
(6) The operation of any motorized vehicle off of a public right -of -way in a
manner, whether by revving, racing, or running the engine in any other manner, that
creates any unreasonably loud or harsh noise.
(Ord. No. 205, § 1, 10- 26 -00)
Sec. 15 -155. - Nuisance during certain times.
In addition to the prohibitions set forth in sections 15 -153 and 15 -154, the following
acts, among others, are deemed to be nuisances that are prohibited by this chapter
during the times listed:
(1) The playing of any radio, audio equipment or other musical instrument
between the hours of 10:00 p.m. and 7:00 a.m. in such manner or with such volume
as to annoy or disturb the quiet, comfort, or repose of persons of ordinary
sensibilities in any dwelling.
(2) The erection, including excavation, demolition, alteration or repair work on
any building, structure or site which is within one hundred (100) feet of any dwelling
between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, except in case of
urgent necessity in the interest of public safety and convenience, and then only by
permit issued under section 15 -157.
(3) The creation of any excessive noise on any street adjacent to any school,
institution of learning, or church while the same is in session or adjacent to any
hospital, which unreasonably interferes with the workings of such institutions,
provided conspicuous signs are displayed in such manner indicating that the same
is a school, church or hospital area.
(4) The parking or standing of any engine or motor, whether attached to a
vehicle, trailer, or otherwise, left in operation for a period exceeding' one (1) hour
between the hours of 10:00 p.m. and 7:00 a.m. within a distance of two hundred
(200) feet from any dwelling.
(Ord. No. 205, § 1, 10- 26 -00)
Sec. 15 -156. - Exceptions.
The following shall be an exception to this article and shall not be deemed a
nuisance:
(1) The sounding of any emergency signal by an authorized public official;
(2) The sounding of any horn or signal device on any emergency vehicle in
the performance of duty;
(3) The operation of any heavy equipment or machinery (whether
independent or attached to a motor vehicle) for the purpose of making an
emergency repair requested or authorized by a public official;
(4) Motor carriers engaged in interstate commerce and subject to regulation
by Title 42, Section 4917, of the United States Code; or
(5) A noise created by a person that holds a permit as provided in section 15-
157 to engage in any activity that would otherwise be deemed a nuisance.
(Ord No. 205, § 1, 10- 26 -00)
Sec. 15 -157. - Permit.
(a)
Deadline to apply for permit. To apply for a permit to engage in any activity that
creates a noise that would qualify as a nuisance under this section, a person must
apply in writing to the permit office at least ten (10) calendar days prior to the
requested issuance date and time, unless unforeseeable circumstances justify a
shorter amount of time.
(b)
Application for permit. The application for a permit must:
(1) List the name, address, and daytime telephone number of the applicant;
(2) Specifically describe the type and duration of the noise, and the date and
times the noise will occur;
(3) Specifically describe the reason for the noise level, the location of the
noise, and the expected range and decibel level of the noise; and
(4) Contain, if different from the applicant, the name of the owner of the
property on which the noise will occur and a written letter of permission from the
owner and any tenants or other persons occupying the property from which the
noise will occur.
(c)
Filing fee. A filing fee must be submitted with the application for a permit, in an
amount prescribed in a fee schedule adopted by the city council.
(d)
Grounds for granting or denying permit. In determining whether to grant or deny the
permit, the following factors shall be considered:
(1) The safety of the persons who will be subjected to the noise, whether
voluntarily or involuntarily;
(2) The number of persons that will be involuntarily subjected to the noise;
(3) The probable amount of distress, discomfort, annoyance or injury to
persons that will be involuntarily subjected to the noise;
(4) The reasonableness of the time, place, and manner of the noise and the
duration of the noise; and
(5) Any other factors necessary to determine the impact on the public health
and safety and the disruption of the peace that the noise may cause.
(e)
Notice of the decision regarding permit. At least five (5) calendar days before the
date and time that the applicant requested issuance of the permit, the applicant
shall be notified at the applicant's daytime telephone number and by regular U.S.
mail of the decision either to grant or deny the permit. If the permit is denied, the
reasons for the denial shall be stated in the notice to the applicant. If the permit is
granted, reasonable time, place, and manner restrictions may be placed on the
activity authorized by the permit.
(f)
Appeal. Upon receiving notice of permit denial, the applicant may appeal the
decision, including restrictions placed on the activity authorized by the permit, to the
city manager or his designee. Within one (1) working day of receiving the appeal,
the city manager shall consider the application, the basis of denial, or any
restrictions placed on issuance of the permit. Based on the standards in subsection
(d) above, the city manager may uphold the decision to deny the permit, approve
issuance of the permit as applied for, or modify restrictions placed on the permit.
The city manager shall notify the applicant at the applicant's daytime telephone
number and by regular U.S. mail of the final decision.
(g)
Permit. The permit shall specify at least the following:
(1) The date and time that the permit shall begin and end;
(2) The location from which the noise may emanate and the maximum
boundaries to which the noise may extend;
(3) The maximum decibel level and Leq level allowed at the location of the
noise;
(4) A description of the basic nature of the noise; and
(5) Who may make the noise.
(h)
Must display permit. Upon receiving a permit, the applicant must display the permit
in clear view at the location of the noise at all times during the commission of the
noise.
(Ord. No. 205, § 1, 10- 26 -00)
Sec. 15 -158. - Sound mitigation plan.
(a)
All businesses or on -going activities may submit a sound mitigation plan to the city
manager for approval. The sound mitigation plan shall include:
(
Acceptable sound barriers, which include, but are not limited to the following:
a. Trees, shrubs and other vegetation;
b. Earthen berms;
c. Fencing;
d. Sound blankets;
e. Mufflers;
f. Walls or similar structures; and /or
g. Any other improvements or modifications designed to dampen excessive
noise.
(2)
Projected date of completion or implementation of sound mitigation plan; and
(3)
Future decibel level at property line, after completion or implementation of
sound mitigation plan.
(b)
Decibel level at the property line, after implementation of the sound mitigation plan
may not exceed eighty -five (85) decibels.
(c)
A sound mitigation plan must be implemented within a reasonable time, as agreed
upon by the city manager and the entity or person submitting the sound mitigation
plan. Construction or development of the acceptable sound barriers must begin
within thirty (30) days of approval of the sound mitigation plan and shall be
completed within a reasonable period of time. No plan shall require more than
eighteen (18) months for implementation. Failure to begin construction or
development of the acceptable sound barriers will void the sound mitigation plan.
(Ord. No. 405, § 3, 7- 10 -08)
Staff Report
to the Members of the Planning & Zoning Commission
Date:
January 13, 2011
Agenda Item No: 1
Subject: Discuss and review any item on the agenda, as needed
Originated by: Rachel Roberts, Planner
This item has been added to the agenda to allow the Commission an opportunity
to discuss any regular session item during the work session.
Staff Report
to the Members of the Planning & Zoning Commission
Date:
January 13, 2011
Agenda Item No: )--&, I- F
Subject: List of Items for Future Consideration
Originated by: Rachel Roberts, Planner
We've added items to the list that were brought up at the last Commission
meeting, including the alcohol ordinance.
Ms. Bryan's sister works in the wind turbine industry as a distributor, and Ms.
Bryan has asked her sister to attend an upcoming meeting in order to answer questions
the Commission may have related to wind turbines. In addition, staff is researching
environmental - related ordinances from other cities and issues that will need to be
addressed. We hope to have a report to you within the next several months. In the
meantime, please continue to give us comments on what you see as issues of concern
so that we will know to include them in the report.
CORRECTED COPY: SEE U NDERLINE FOR CORRECTION
Staff Report
to the Members of the Planning & Zoning Commission
Date: January 12, 2011
Agenda Item No: III
Subject: Case PZ 11 -01
Originated by: Rachel Roberts, Planner
CASE # PZ 11 -01 to receive comments and consider a request by M. Naseem Patel for a
zone change of approximately 2/3 acre at James A Arthur Addn Lot 1R2 (317 W
Kennedale Pkwy) from TT General Commercial to TV Restricted Commercial.
Attachments:
• Proposed ordinance
• Legal description of property
• Map showing location of property
• Zoning Change Application
• Excerpt from zoning map
• Excerpt from Future Land Use Plan
Background.
Naseem Patel has requested a zone change from T-2" General Commercial to T-
1" Restricted Commercial at the encouragement of city staff. Mr. Patel owns and operates P
& P Mart, located at 317 W Kennedale Pkwy. P & P Mart is a gas station and convenience
store.
During its January meeting, city council approved an amendment to the zoning
ordinance changing the zoning classification for gas stations (whether service stations or
convenience stores) to C -1 zoning. When that was approved, Mr. Patel's use became non-
conforming, because he now has a C -1 only use on a property zoned C -2.
Compliance with Comprehensive Land Use Plan.
The future land use plan indicates this area as "Commercial ", and both C -1 and C -2
uses fit this designation. (The future land use plan does not designate different levels of
Commercial; all commercial /retail properties are classified the same way.) C -1 zoning would
therefore not be in conflict with the comprehensive land use plan.
Compatibility with Surrounding Zoning Classifications, Properties.
The properties running along the Parkway to the northwest of the subject property
are zoned C -2 until about halfway to the intersection with Dick Price (properties on the same
side of the Parkway from that point to Dick Price are zoned Industrial; please see the
attached excerpt from the zoning map). The zoning for several (short) blocks to the
southeast of the subject property is C -1. The car wash and tire store to the left of the
subiect property are on land zoned C -2, but most of the property on Mr. Patel's block (the
same block as City Hall) is zoned C -1 . Properties across the street are also zoned C -1. A
change to C -1 zoning at this location would be compatible with surrounding properties and
zoning classifications.
Recommendation.
Rezoning this property to C -1 would not be in conflict with the comprehensive land
use plan or with the zoning policies and visioning established since the comprehensive plan
was adopted. Moreover, it would not be incompatible with the zoning in the immediate area.
And in addition, rezoning the subject property to C -1 would remove its recent non-
conforming zoning status as a C -1 use in a C -2 zoning district. For these reasons, staff
recommends the Planning & Zoning Commission forward to city council a recommendation
to approve the proposed zoning amendment.
Staff Report
to the Members of the Planning & Zoning Commission
Date: January 12, 2011
Agenda Item No: III
Subject: Case PZ 11 -01
Originated by: Rachel Roberts, Planner
CASE # PZ 11 -01 to receive comments and consider a request by M. Naseem Patel for a
zone change of approximately 2/3 acre at James A Arthur Addn Lot 1R2 (317 W
Kennedale Pkwy) from "C2" General Commercial to "C1" Restricted Commercial.
Attachments:
• Proposed ordinance
Legal description of property
• Map showing location of property
• Zoning Change Application
• Excerpt from zoning map
• Excerpt from Future Land Use Plan
Background.
Naseem Patel has requested a zone change from "C -2" General Commercial to "C-
1" Restricted Commercial at the encouragement of city staff. Mr. Patel owns and operates P
& P Mart, located at 317 W Kennedale Pkwy. P & P Mart is a gas station and convenience
store.
During its January meeting, city council approved an amendment to the zoning
ordinance changing the zoning classification for gas stations (whether service stations or
convenience stores) to C -1 zoning. When that was approved, Mr. Patel's use became non-
conforming, because he now has a C -1 only use on a property zoned C -2.
Compliance with Comprehensive Land Use Plan.
The future land use plan indicates this area as "Commercial ", and both C -1 and C -2
uses fit this designation. (The future land use plan does not designate different levels of
Commercial; all commercial /retail properties are classified the same way.) C -1 zoning would
therefore not be in conflict with the comprehensive land use plan.
Compatibility with Surrounding Zoning Classifications, Properties.
The properties running along the Parkway to the northwest of the subject property
are zoned C -2 until about halfway to the intersection with Dick Price (properties on the same
side of the Parkway from that point to Dick Price are zoned Industrial; please see the
attached excerpt from the zoning map). The zoning for several (short) blocks to the
southeast of the subject property is C -1. The car wash to the left and the pharmacy to the
right of the subject property are on land zoned C -2, but most of the property are Mr. Patel's
block (the same block as City Hall) are C -1. Properties across the street are also zoned C-
1. A change to C -1 zoning at this location would be compatible with surrounding properties
and zoning classifications.
Recommendation.
Rezoning this property to C -1 would not be in conflict with the comprehensive land
use plan or with the zoning policies and visioning established since the comprehensive plan
was adopted. Moreover, it would not be incompatible with the zoning in the immediate area.
And in addition, rezoning the subject property to C -1 would remove its recent non-
conforming zoning status as a C -1 use in a C -2 zoning district. For these reasons, staff
recommends the Planning & Zoning Commission forward to city council a recommendation
to approve the proposed zoning amendment.
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 2/3 ACRE
ENCOMPASSING JAMES A ARTHUR ADDN LOT 1 R2; 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 January 20, 2011 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
below:
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 6.
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.
ylEWA
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Case PZ 11 -01
Legal Description of property
James A Arthur Addition
Blk Lot 1R2
o s ° 9 - t °NY y y ✓. RICKET
y ° S P� x « c ► S "22 r = S
• MAIN v.< ST �' u H� •- o� ". .N e . wm -
.
� 1 r
`' '
CAYLEBIATE u 1 ' 95•a ��
t✓ Y 1 - : 1- N I Y ta-
CHITM000 ST
CAYLEBAITE 1 m 01 .o
• -" x i MAGNOLIA OR
T f 1 u y U ^ �' � � Y Y N I � • N � — ww 1 1
r
SP ILLER S `�•' a A • "i• « _ - C , ay v Al
1• N J - y I 1 ,. ra. �•
ro
PAULA LN
SULPHUR ST ''r- r •-
<
V. «
��0 Y € N I
u
I
to G> i TINERL INE OR
• 4 u
KENNY ST 2 °� u I
l0 �r i . Y N ••j = y
s� Y ?
N N $ w I • ti
CV
I11 l m R
o — - , o II
t : ' m _
r o ••
CRESTVIEW OR r •
yy �a
i 3 t
Igo K a s I • N « -. ���
K IN
u� �y r9 `°' ^ k u •
It S I I Y C 3 u iF-
REEVES LN
en t Na 1' � N :' N C u p• u ✓/
tU� O u N y N ARTHUR OR �y
= ' V � N N • • �•� ' D
RUTH OR
V , � 1 • ` r � � i urri • t� .�.
BRAIR CT
it
o� Ly Y : u � °• - r --
« N t Y«
� !f0 30IS lltM r m .� Z/
Y1
va r 1
uu \ •
N 111r , •• n, f U U w • R
Nn V\
t "
lk \ •
CREEKSIOE C N rN-A Y / w u +�
U ,.
• t R�; 1 R� I Y � u n
« / to OAKRIOGE TA to Y m
OAX
I r+ V
N N
O N
N N
9
.
T
o s ° 9 - t °NY y y ✓. RICKET
y ° S P� x « c ► S "22 r = S
• MAIN v.< ST �' u H� •- o� ". .N e . wm -
.
� 1 r
`' '
CAYLEBIATE u 1 ' 95•a ��
t✓ Y 1 - : 1- N I Y ta-
CHITM000 ST
CAYLEBAITE 1 m 01 .o
• -" x i MAGNOLIA OR
T f 1 u y U ^ �' � � Y Y N I � • N � — ww 1 1
r
SP ILLER S `�•' a A • "i• « _ - C , ay v Al
1• N J - y I 1 ,. ra. �•
ro
PAULA LN
SULPHUR ST ''r- r •-
<
V. «
��0 Y € N I
u
I
to G> i TINERL INE OR
• 4 u
KENNY ST 2 °� u I
l0 �r i . Y N ••j = y
s� Y ?
N N $ w I • ti
CV
I11 l m R
o — - , o II
t : ' m _
r o ••
CRESTVIEW OR r •
yy �a
i 3 t
Igo K a s I • N « -. ���
K IN
u� �y r9 `°' ^ k u •
It S I I Y C 3 u iF-
REEVES LN
en t Na 1' � N :' N C u p• u ✓/
tU� O u N y N ARTHUR OR �y
= ' V � N N • • �•� ' D
RUTH OR
V , � 1 • ` r � � i urri • t� .�.
BRAIR CT
it
o� Ly Y : u � °• - r --
« N t Y«
� !f0 30IS lltM r m .� Z/
Y1
va r 1
uu \ •
N 111r , •• n, f U U w • R
Nn V\
t "
lk \ •
CREEKSIOE C N rN-A Y / w u +�
U ,.
• t R�; 1 R� I Y � u n
« / to OAKRIOGE TA to Y m
OAX
I r+ V
kted Ia, �0" 11 r'
PETITION FOR
CHANGE OF ZONING CLASSIFICATION
ZONING CASE # PZ 11
DATE:
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 its
current zoning classification of " ( ) to that of "_C1 "
( ) in its entirety as shown on Exhibit "B" attached. The property totals
some 2 /3rd acres.
Legal Description
Addition
is 1R2 James
A
Arthur
Present use of' the
property is _convenience
store,
gas /diesel
sales
Address of the property is
_317 West Kennedale _Parkway,
Kennedale
Texas
76060
Property Owner's Name: Mohammed Naseem Etux
Elizabeth
D.
Patel
Address: 4111
Spring Brook Drive,
Arlington,
Texas
76001
Telephone
1929
Applicant's Name:
Patel
Address:
above
Number:817 -483-
M.
As
Naseem
Telephone Number: _817 -483-
1929
THIS IS TO CERTIFY THAT We (M. Naseem And Elizabeth
PROPERTY DESCRIBED IN EXHIBIT "A"
THIS APPLICATION.
Owner Signature ---
D. Patel
OF THE
DATE OF
� Owne � r ��� Signat
ZONING REGULATIONS
SECTION 17 -429. AMENDMENTS
(a) Genera /. The zoning regulations, restrictions and boundaries may from time to time be
amended, supplemented, changes, modified or repealed. An amendment to this
article may be initiated at the request of the owner or his or her agent, the City
Manager, the Planning and Zoning Commission, or the City Council on its own motion
when it finds that the public may benefit from the consideration of such matter.
(b) Procedure. All requests for amendments to zoning district boundaries shall be
submitted, together with required fees to the city manager or his or her designated
administrative official, whom shall cause notices to be sent and the petition placed on
the Planning and Zoning Commission agenda. Requests for changes in zoning
districts shall include the proposed designation or designations for the area concerned.
Alternative proposals may be made at the time of filing the original request for
amendment, however all hearings and deliberations shall be limited to the request as
submitted by the applicant at the time of original filing.
(c) Posting sign. The city manager, or his or her designated administrative official, shall
have at least one (1) sign erected on the property to be rezoned which sign shall have
a total area of at least four (4) square feet. This sign shall, if possible, be located
adjacent to a street and in a conspicuous place. The sign shall be erected on or before
the first date of the first notice to property owners and shall be removed immediately
after final action by the City Council or when the applicant withdraws the request,
whichever comes first. The sign shall state that a zoning change has been requested
on that particular property and the telephone number of the city offices from where
dates of public hearings and more information about the zoning request may be
obtained. The erection or continued maintenance of signs shall not be deemed a
condition precedent to the granting of any zoning change or holding of any public
hearing.
Are THE SOLE OWNER(S)
AND DEPICTED IN EXHIBIT "B ", ON THE
(d) Hearings and notices. The City Council may from time to time amend, supplement or
change by ordinance the I boundaries of the districts or the regulations herein
Date: January 13, 2011
Agenda Item No: N
Subject: Minutes from the November and December 2010 meetings
Originated by: Rachel Roberts, Planner
The minutes from the November and December 2010 Planning & Zoning Commission
meetings are enclosed with this report for your review and consideration for approval.
1
Staff Report
to the Members of the Planning and Zoning Commission
Date: January 13, 2011
Agenda Item No: V
Subject: Announcements
Originated by: Rachel Roberts, Planner
At the meeting, staff will provide an update on city projects (Agenda Item V -A). In
addition, if Commission members have announcements about community events, holidays,
or other items of general community interest, they are welcome to make those
announcements under this agenda item (Item V -B).
Regular Meeting & Public Hearing Roll Call
� if present
Lori Bryan
Ray Cowan
V Frank Fernandez
Ernest Harvey
David Hunn
Charles Overstreet
Billy Simpson
'{ Jason Galloway
Thomas Pirtle
Work Session Roll Call
� if present
Lori Bryan
Ray Cowan
Frank Fernandez
Ernest Harvey
David Hunn
Charles Overstreet
Billy Simpson
A Jason Galloway
Thomas Pirtle