02.17.2011 PZ PacketAGENDA
PLANNING & ONING COMMISSION
FEBV_RARY 17, 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. Discuss and review any item on the agenda, if needed
E. 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. MINUTES
Approval of minutes from the January 2011 Planning &Zoning Commission meeting
Page 1 '.of 2
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.
MINUTES
Approval of minutes from the January 2011 Planning & Zoning Commission meeting
IV. ANNOUNCEMENTS
(A) Staff reports on city projects
(B) Other announcements from staff or Planning & Zoning Commission members
Dated this the 11 day of February 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 February 11, 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 11 day of February 2011.
- P, ( X&J W�,�
Rachel Roberts
Planner
Page 2 of 2
Legal Notice
Notice of Public Hearing
The Kennedale Planning & Zoning Commission will hold a public hearing for the
following case on Thursday, February 17, 2011 at 7:00 P.M. in the City Council
Chambers, located at 405 Municipal Drive, Kennedale, Texas 76060. The Planning and
Zoning Commission is a recommending body only; the City Council is authorized to
approve or deny the request.
CASE # PZ 11 -02 to receive comments and consider a request by Anarkali
Enterprises, Inc. for a zone change of approximately 1 acre at Triangle Business
Park Addn Blk 1 Lot 8R1 (739 W Kennedale Pkwy) from "C2" General
Commercial to "C1" Restricted Commercial.
All interested persons are encouraged to appear and may speak at the public hearing or
may furnish written comments prior to the meeting to the City of Kennedale, 405
Municipal Drive, Kennedale, TX, 76060. Any other information may be acquired by
calling (817) 985 -2135.
405 Municipal Drive www.cityofkennedale.com PH 817.985.2130
Kennedale, TX 76060 FX 817.483.0720
INVOICE
Star - Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817) 390 -7761
Federal Tax ID 26- 2674582
Bill To:
CITY OF KENNEDALE
405 MUNICIPAL DR
KENNEDALE, TX 76060 -2249
Legal Notice
Misc Fee
F I I
I3580 1
-n -1 t
Customer ID:
CIT33
Invoice Number:
314216101
Invoice Date:
2/3/2011
Terms:
Nqt due in 21 days
Due Date:
2/28/2011
PO Number:
QFG
Order Number:
31421610
Sales Rep: ;
073
Description:
Legal Notice Notice o
Publication Date:
2/3/2011
30 30 LINE $6.23 $186.80
$12.00
Net Amount:
$198.80
Lot OK1 V.�7 VV NVIIII -01 rnvv i
from 6C26 General Commercial o
6C16 Restricted Commercial.
All interested persons are encour
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aged to appear and.may speak at
the public hearing or may furnish
to the
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µ „ . �` C ,C) �iC)
written comments prior
meeting to the City of Kennedale,
405 Municipal Drive, Kennedale, TX,
76060. Any other information may
>
9 TE
be acquired by calling (817) 985
2135.
QFG
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star - Telegram, published by the Star - Telegram, Inc. at Fit Worth, in Tarrant County, Texas; and who, after being duly swom, did depose and say
that the attached clipping of an advertisement was pubiishe in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 -2323
SUBSCRIBED AND SWORN TO BEFORE ME,'THIS Friday, Februarg 09(20?'.
Notary
Thank You For Your Payment
Remit To : Star - Telegram
P.O. BOX 901051 1�
FORT WORTH, TX 76101 -2051
0
Customer ID: CIT33
Customer Name: CIFY OF KENNEDALE
Invoice Number: 314216101
Invoice Amount: $198.80
PO Number:
Amount Enclosed:
Staff Report
to the Members of the Planning & Zoning Commission
Date: February 13, 2011
Agenda Item No: I_A
Subject: Comprehensive Land Use Plan update
Originated by: Rachel Roberts, Planner
The advisory committee was scheduled to meet on February 9, but the
meeting was postponed due to inclement weather. The meeting has been
rescheduled for Wednesday, February 23 at 6:00 P.M. In addition, the first public
input meeting for the comprehensive plan update has been tentatively scheduled
for March 21 time to be determined.
0
Staff Report
to the Members of the Planning & Zoning Commission
Date: February 11, 2011
Agenda Item No: I_g
Subject: Ambiguity in outside storage and display regulations
Originated by: Rachel Roberts, Planner
At the January meeting, Chairman Hunn noted that the Commission would need
to address the discrepancies in outdoor display /storage regulations in the city code
sections for each zoning district. A description of the discrepancies is provided in this
report. We will have a recommendation for you soon on how to resolve the
discrepancies.
In addition, we have been reviewing outside storage and display regulations for
other cities in the region and hope to have recommendations for you next month. The
recommendations will be based on the Commission's request for staff to bring forward
an ordinance amendment prohibiting outside display or requiring a permit for outside
display /sales.
Staff Report
to the Members of the Planning & Zoning Commission
Date:
February 9, 2011
Agenda Item No: I -C
Subject: Noise regulations for oil & gas operations
Originated by: Rachel Roberts, Planner
I'm reviewing ordinances for around a dozen cities in the Dallas / Fort
Worth area and should have results of the review for you at the meeting. Of the
handful I've reviewed so far, all have separate noise regulations for oil and gas
(distinct from the nuisance noise regulations). In addition, they all set the
maximum allowable sound at a certain decibel level over the ambient sound for
the area, rather than only setting a maximum decibel level as we do. Several of
the cities also regulate by type of noise, for example, Fort Worth and Mansfield
have additional regulations about pure tones and low- frequency sounds.
One of the issues that has arisen with residents in the Steeplechase
neighborhood closest to the Bogi drilling site is the issue of whether sound
should be measured using an "A" weighting or a "C" weighting. I believe the
industry standard is the A weighting but am still researching which would be
better to use for oil and gas drilling - related operations. Because the acoustic
industry standard seems to be the A weighting, my inclination is for the city to
use the same standard, as I believe it already does. We may also consider using
both, as is done in Colorado. Colorado's agency responsible for overseeing oil
and gas operations requires that in situations where complaints or inspections
indicate low- frequency noise is part of the problem, the agency must take
additional sound measurements using a C weighting.
Staff would prefer to do more research and coordinate with the police
department before making any definite recommendations for changes to the city
code.
Staff Report
to the Members of the Planning & Zoning Commission
Date:
February 13, 2011
Agenda Item No: I -E
Subject: List of Items for Future Consideration
Originated by: Rachel Roberts, Planner
In addition to general discussions on this agenda item, the Commission may
want to prioritize issues it would like the commission members serving on the
Comprehensive Plan advisory committee to bring up during meetings of the advisory
committee.
Staff Report
To the Members of the Planning and Zoning Commission
Date: January 13, 2011
Agenda Item No: III
Subject: Minutes from the January 2011 meeting
Originated by: Rachel Roberts, Planner
I've not yet finished typing the minutes from the January Planning & Zoning
Commission meeting but hope to send them to you this week. I apologize for the delay
in sending them to you.
1
Staff Report
-
to the Members of the Planning and Zoning Commission
Date:
February 13, 2011
Agenda Item No: ( N
Subject: I Announcements
Originated by: I Rachel Roberts, Planner
At the meeting, staff will provide an update on city projects (Agenda Item IV -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 IV -B).
We would like you to mark your calendars for the Kennedale Open House, to be held
on February 26 from 10 AM to 2 PM at the Community Center and for the Board Appreciation
Dinner to be held on March 31. Also, please plan to attend the Texas Independence Day
Parade on March 5 ". We're expecting a big crowd this year!
0
{. 1
February 14, 2011
City Of Kennedale
405 Municipal Dr
Kennedale, TX 76060
Dear City Of Kennedale,
This letter is to notify you that the public hearing for the case described below
has been rescheduled. The Kennedale Planning and Zoning Commission had been
scheduled to hold a public hearing on Thursday, February 17, 2011 at 7:00 PM in the
City Hall Council Chambers at 405 Municipal Drive, to receive comments relative to a
request for a rezoning of the property described below. Due to a mistake in the property
description in the letter you were sent previously about this case, we have rescheduled
the public hearing and are sending letters with the correct property description. The
public hearing will instead be held on Thursday, March 17, 2011 at 7:00 P.M.
CASE # PZ 11 -02 to receive comments and consider a request by
Anarkali Enterprises, Inc. for a zone change of approximately 1 acre at
Triangle Business Park Addn Blk 1 Lot 8R1 (739 W Kennedale Pkwy)
from "C2" General Commercial to "Cl" Restricted Commercial.
Any interested person will be allowed to appear and speak at the public hearing.
The Planning and Zoning Commission is a recommending body only; the City Council is
authorized to approve or deny the request and will hold a public hearing in the City Hall
Council Chambers during its regular meeting in April 2011.
405 Municipal Drive www.cityofkennedale.com PH 817.985.2130
Kennedale, TX 76060 FX 817.483.0720
This is not a summons to appear at the public hearing, but if you wish to attend,
you will have the opportunity to speak either in favor or against the request for a zone
change.
If you have any questions, please feel free to call me at (817) 985 -2135 or send
questions by email to rroberts @cityofkenendale.com.
Sincerely,
Rachel Roberts
Planner
405 Municipal Drive www.cityofkennedale.com PH 817.985.2130
Kennedale, TX 76060 FX 817.483.0720
Case PZ 11 -02
739 W Kennedale Pkwy
Legend 240 120 0 240 Feet
739 W Kennedale Pkwy N
property within 200' of rezoning request
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F - Ri, A INO 4h, i z Me W. V 9 In. Ph,
DATE: ee_ ? 9 -.1-0J 0
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 th property described on Exhibit "A" attached, from its
current zoning classification of ( ) to that of t "
( ) in its entirety as shown on Exhibit "B" attached. The property totals
some
acres.
Legal Description is c1 `L bq e-
Present use of the property is �—' , ' �L- W i O'vl�"p Pi-Vows
Address of the property is
Property Owner's Name:
Address:
Telephone Number
Applicant's Name:
Address:
Telephone Number:
V
h �A
>2 1gk--
1 -2-�
THIS IS TO CERTIFY THAT IS THE SOLE
OWNER(S) OF THE PROPERTY DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT
"B ", ON THE DATE OF THIS APPLICATION.
74ww
caner Signature
Owner Signature
.m�mrNa:mra�
..• • 11 •. • •
1. Complete and submit the "Petition for Change of Zoning Classification" form, provided by
the City of Kennedale.
2. Attach to the Petition, Exhibit "A" which is a Legal Description of the property, identified by
Metes and Bounds as determined by a registered surveyor.
3. Attach to the petition Exhibit "B" which is a map of the vicinity in which the property is
located, and on which the property to be re -zoned is clearly identified by highlighter or by
heavy lines. (City Staff can provide a copy of that portion of the City of Kennedale's zoning
map, which applies, if so requested.)
4. Applicant shall attach, as part of his application packet, payment for the zone change
request fee, which is $500.00 for 0 -10 acres or $1,500.00 for 10 or more acres.
5. The Zone change request will be reviewed by both the Planning and Zoning Commission
and City Council - each will conduct a Public Hearing prior to rendering their decision. The
Planning and Zoning Commission meets on the third Thursday of each month. Planning
and Zoning Commission review must precede City Council action.
6. Applicants shall submit his "Petition for Change of Zoning Classification" packet along with
required exhibits and fee to the Permits /Planning Department at least thirty -five (35) days
prior to the Planning and Zoning Commission meeting date. The applicant and property
owners within two- hundred (200) feet of the site to be considered for a Zoning Change will
be advised of the Public Hearing dates by U.S. Mail and Public Notice of same will appear
in the City's official newspaper.
** An example of items 1 through 3 above is provided as part of this packet. **
4n
p �E
STATE OF TEXAS { }
COUNTY OF TARRANT f)
THAT, WHEREAS, Fred I. Smith is the owner of a tract of land in the David Strickland Survey,
Abstract No. 1376, Tarrant County, Texas, and being a portion of Swiney Estates, and Addition
to the City of Kennedale, Tarrant County, Texas, according to plat recorded in Volume 388 -10,
Page 93, Plat Records, Tarrant County, Texas, and according to deed recorded in Volume
8977, Page 830, Deed Records, Tarrant County, Texas, and being described by metes as
follows:
BEGINNING at a 1/2 " iron pin found in the West line of Bowman Springs Road, said point being,
the Northeast corner of Lot 1, Block 1, Swiney Estates, said Point also being, the Southeast
corner of Lot 1 -B, Block 1, A & A Addition according to plat recorded in Volume 88 -154, Page'
59, Plat Records, Tarrant County, Texas;
THENCE South 00 degrees 03 minutes 04 seconds West along the West line of Bowman
Springs Road and the East line of said Block 1, 18.45 feet to a: 1/2" iron pin found at the
Northeast corner of a 2.4 acre tract of land recorded in Volume 6961, Page 132, Deed Records,
Tarrant County, Texas;
THENCE South 88 degrees 48 minutes 51
tract 500.86 feet to a 3/8" iron pin found at its
THENCE South 88 degrees 55 minus
the Southeast corner of a tract of la
Tarrant County, Texas;
THENCE North 00 degrei
the Northeast corner of
recorded in Volume 8733,
ng the North line of said 2.4 acre
Is West 255.30 feet to a 1/2" iron pin found at
in Volume 6932, Page 1721, Deed Records,
s East 377.66 feet to a 1/2" iron pin found at
the South line of a 2.21 acre tract of land
Tarrant County, Texas;
THENCE South 88 degrees 57 minutes 59 seconds East 213.06 feet to a 5/8" iron pin found at
the Southeast corner of said 2.21 acre tract;
North 03 degrees 21 minutes 59 seconds East 45.19 feet to a 3/8" iron pin found for
ENCE North 88 degrees 21 minutes 11 seconds East 292.19 feet to a 5/8" iron pin found at
Southwest corner of said lot 1 -B, Block 1, A & A Addition;
THENCE North 88 degrees 32 minutes 29 seconds East along the South line of said Lot 1 -13,
247.68 feet to the POINT OF BEGINNING and containing 7.02 acres of land.
NOW, THEREFORE, know all men by these presents:
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.
(d) Hearings and notices. The City Council may from time to time amend, supplement or
change by ordinance the boundaries of the districts or the regulations herein
established after receiving a report thereon from the Planning and Zoning Commission.
A public hearing on amendment, supplement, or change shall be held by both the
Planning and Zoning Commission and the City Council. Notice of hearings shall be
given by publication one (1) time in the official newspaper of the city, stating the time
and place of such hearing, which time shall not be earlier than fifteen (15) days from
the date of publication. Publication of such change shall be accomplished by
publishing a descriptive caption of the proposed change. Also, written notice of such
public hearings shall be sent to the applicant and all other persons who are owners of
real property lying within two hundred (200) feet of the property on which the zoning
request is made. Such notice shall be given no less than ten (10) days before the date
set for hearing to all such owners who have rendered their said property for city taxes
as the ownership appears on the last city tax roll. Such notice may be serviced by
depositing the same properly addressed and postage addressed and postage paid in
the United States post office.
(e) Planning and Zoning Commission consideration and report. The Planning and Zoning
Commission, after conducting a hearing on a zoning request, shall report its
recommendations on the zoning request to the City Council for their consideration.
The Planning and Zoning Commission may recommend favorable approval of the
request or that the request be denied, with or without prejudice. The recommendation
of the Planning and Zoning Commission shall automatically be forwarded to the City
Council for public hearing and consideration. When the Planning and Zoning
Commission recommends that the proposal should be denied, it shall report the same
to the City Council and the applicant.
(f) Application not to be considered for ninety (90) days after denial of request for
rezoning. No application for rezoning shall be considered within ninety (90) days of
denial of a request by City Council for the same classification on the same property.
(g) Protest against change. In case of a protest against such change signed by the
owners of twenty (20) percent or more either of the land included in such proposed
change, or of the land within two hundred (200) feet thereof, such amendment shall not
become effective except by the favorable vote of three - quarter (3/4) of all the members
of the City Council present and qualified to vote.
(h) Action on application. The proponent of any zoning change shall satisfy the City
Council that either the general welfare of all the city affected by the area to be changed
will be enhanced, or that the property is unusable for the purposes allowed under
existing zoning. If such is proved to the council's satisfaction, it may grant the
requested zoning change; or it may change the zone's designation of a portion of such
property; or it may initiate a request to consider changing all or a portion of such
property to a district other than the requested and of a different character.
(i) Site plan and supporting documents required; petition for zoning district change or
specific use permit. When, in the opinion of the city administrator or his or her
designated official, the Planning and Zoning Commission, the City Council, or the
Board of Adjustment, greater information is required from the applicant concerning the
nature, extent and impact of his or her request than supplied with his or her application
for a change in zoning, variance, or specific use permit, in order to properly review and
evaluate all relevant factors thereof, the Planning and Zoning Commission, City
Council, ' or the Board of Adjustment may require the applicant to submit a site plan
and /or supporting documents conforming with all or a portion of the requirements set
forth in this section, prior to rendering a decision thereon. The applicant is encouraged
to meet with the city administrator or his or her designated official in an informal work
session to ascertain the exact extent of plans and documents required, if any, prior to
the city initiating the advertisement for public hearing on the petition. The general type
and extent of plans and supporting documents which may be required of the petitioner
include, but are not necessarily limited to:
(1) Site plan. Meeting all of the requirements of a "preliminary plat," as described in
the city's subdivision regulations, except that topographic and drainage map
information provisions may be waived by the reviewing body when the inclusion of
such data would not materially contribute to the necessary evaluation of the
project's petition. Additional site plan drawing information which the reviewing
body may require include:
a. Existing and proposed zoning district;
b. A tabular summary schedule indicating:
The gross acreage and percent of each type of zoning category
proposed;
2. The gross acreage and percent of each type of land use proposed, with
streets and open space categories listed separately, and residential uses
further stratified as to type, i.e., single - family, two- family, multi - family,
townhouse, etc., including the total gross project acreage;
3. The gross residential density of each type of residential land use
proposed, expressed in dwelling units per acre; and based on net
residential land use plus one -half (1/2) of any abutting street only;
4. The quantitative number of dwelling units proposed for each residential
dwelling type, i.e., single - family, two- family, etc.; and
5. Proposed maximum lot coverage by building and land use types, i.e.,
"AG," "R -1," "R -2," "OT," "D," "MF," C -1," "C -2," and "I" expressed in terms
of percent or floor area ratio of the lot or site;
c. General outline of extensive tree cover areas;
d. Drainage ways and one - hundred year floodplain limits;
e. Proposed treatment for screening the perimeter of the land embraced by the
petition, including screening of internal separations of land use, where
required;
f. Proposed internal non - vehicular circulation linkages, such as: pedestrian
paths and hike trails; bike trails; and equestrian bridle paths, where
applicable, including their interrelationships with vehicular circulation systems
and proposed handling of points of conflict; and
(2) Architectural drawings. Elevations, concept sketches, or renderings depicting
building types and other significant proposed improvements, including the
treatment and use of open spaces, etc., where the submission of such drawings
would more clearly portray the nature and character of the applicant's land use
and development proposals; and
(3) Written documents. In narrative form on eight and one -half inch by eleven -inch
sheets, including;
a. Statement (s) on planning objectives to be achieved in use /development
proposal, including a narrative description of the character of the proposed
development and rationale behind the assumptions and choices made by the
applicant, including use and ownership of open spaces, etc.;
b. Legal description of the total site area proposed for rezoning, development, or
conditional use permit;
c. A development schedule indicating the approximate date (s) when
construction of the proposed development, and subsequent stages or phases
thereof, if any, can be expected to begin and be completed to the best of the
applicant's knowledge and belief;
d. A statement as to the present and proposed ownership of the site or parcels
thereof embraced by the application;
e. Economic feasibility and /or market analysis studies, when deemed necessary
by the reviewing body to adequately assess the necessity for zoning certain
parcels to the sizes indicated by the applicant, or to evaluate the need for
granting a conditional use permit;
f. Environment assessment statement, prepared pursuant to the National
Environmental Policy Act of 1969, and any subsequent amendments thereto,
when deemed necessary by the reviewing body to properly assess the impact
of the proposed development/land use on the existing environment;
g. Statement(s) as to how and when the applicant proposes to provide water and
sewer to the development; and
h. Signature, title and date of the applicant, at the conclusion of the written
documents certifying the information presented in the plans and supporting
documents reflecting a reasonably accurate portrayal of the general nature
and character of the proposals.
DATE: PaWAIV 21, 1992
City
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THIS IS TO CERTIFY THAT 7 W,d SOU'! IS THE SOLE
OWNER(S) OF THE PROPERTY DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT
"B ", ON THE DATE OF THIS APPLICATION. \� - i re-
-
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Owner Signature
Code section
Zoning District
Regulation
Comments
17 -413A
C -O
Description of zoning district states
Sidewalk sales permitted with permit
that regulations are "not intended to
from city council
prohibit the outside display of
merchandise in the normal course of
retail business"
17 -414
C -1
Description of zoning district states
Sidewalk sales permitted with permit
that outside storage of new goods
from city council
and materials, and new or used
vehicles and equipment is prohibited
17 -415
C -2
Zoning district description states that
See also 17 -421, below
the district permits the outside
storage of goods, materials,
equipment, machinery and vehicles
outside of enclosed bldgs
17 -416
1
No mention of outside storage or
display
17 -421
Schedule of uses lists "contractor
See also 17 -415, above
yard (outside storage)" as permitted
in C -2 districts; no other outside
storage use is specifically listed
12 -4
n/a (all
States that outdoor display of
Exceptions: the display of
districts)
merchandise is permitted only during
automobiles, motor vehicles or
the hours the business is open
industrial equipment of comparable
size or larger.
Indicates that display is allowed as
long as it is only during open hours of
the business.
Overlay
All outside storage must be screened
See Notes from city attorney, below.
District
from view.
4 -227
n/a (all
Does not define outside display but
Not yet codified
districts)
establishes additional regulations
g overning outside display.
• Notes from city attorney, 2005: Overlay district regulations require all `outside storage' be screened
from view by neighboring properties and the street, but since `outside storage,' isn't defined, it is difficult
to tell what was intended. It would appear that any merchandise or materials stored outside of an
enclosed building needs to be screened.
Amended fencing and screening regulations adopted 2010: Outdoor /outside storage means the
keeping or storing as an accessory /incidental use of any merchandise (items intended for sale, service,
lease, or rent), equipment, machinery, commodities, raw or semi - finished materials, wrecked or
dismantled vehicles, and /or building materials which are not within a fully enclosed building. Other
types of waste /surplus materials such as construction /demolition byproducts (e.g., carpet, remnants,
scrap lumber /metal /masonry materials, leftover /surplus, display shelving components, or other
furnishings, demolition materials, etc.) shipping materials (e.g., boxes foam packaging pallets, etc.),
automotive components (e.g., old tires, salvaged parts, etc.), and other similar byproducts are not
generally considered to be included under this definition and must be properly disposed of (i.e.,
removed from the site not stored in a timely manner.)
Work Session Roll Call
if present
Lori Bryan
Ray Cowan
Frank Fernandez CA -
Ernest Harvey
V David Hunn
)< Charles Overstreet
� Billy Simpson
Jason Galloway
Thomas Pirtle
Regular Meeting & Public Hearing Roll Call
if present
Lori Bryan
Ray Cowan
Frank Fernandez
Ernest Harvey
David Hunn
Charles Overstreet
Billy Simpson
.�.
c9 - 1'7,
X Jason Galloway
V /
Thomas Pirtle