Loading...
07.21.2011 PZ PacketNotice 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 will be held at 7:00 P.M., on the 21 day of July 2011, at 405 Municipal Drive, (Kennedale Municipal Building) Kennedale, Texas, at which time the following subjects will be discussed to wit: AGENDA PLANNING & ZONING COMMISSION JULY 21, 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 P.M. A. Sexually Oriented Business Designated Locations B. Comprehensive Land Use Plan Update C. Noise (nuisance) regulations D. Oil and gas ordinance E. Form -based codes F. Bowman Springs Road intersection with Kennedale Pkwy G. Overlay District Zoning H. Incompatible zoning districts and properties I. Discuss and review any item on the agenda, if needed J. 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. Storm Water Ordinances and Creek Ordinances d. Salvage Yard Ordinance 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 -07 to receive comments and consider action on a final plat requested by McCaslin Holdings for approximately 3.776 acres located on Bowman Springs Road, more particularly described as a portion of Lot 1, Block 1 Gaona Addition and a tract in the J Prickett Survey A 1225 and the E R Mingus Survey A 1075, City of Kennedale, Tarrant County, Texas. Page 1 of 2 IV. MINUTES Approval of minutes from the June 2011 Planning & Zoning Commission meeting V. APPOINT CHAIR AND VICE -CHAIR VI. ANNOUNCEMENTS (A) Staff reports on city projects (B) Other announcements from staff or Planning & Zoning Commission members VII. ADJOURNMENT Dated this the 15 day of July 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 July 15, 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 15 day of July 2011. By. Guyj r — Rachel Roberts Planner Page 2 of 2 j KENNEDALE "ou're Here,Your Home Permits & Planning 405 Municipal Drive Kennedale, TX 76060 -,l - k 4 x� June 28, 2011 City of Kennedale 405 Municipal Dr Kennedale, TX 76060 -2249 Dear City of Kennedale, This letter is to notify you that the Kennedale Planning and Zoning Commission will conduct a public hearing on Thursday, July 21, 2011 at 7:00 PM in the City Hall Council Chambers at 405 Municipal Drive, to receive comments relative to a request for a final plat as described below. CASE # PZ 11 -05 to receive comments and consider action on a final plat requested by McCaslin Holdings for approximately 3.776 acres located on Bowman Springs Road, more particularly described as a portion of Lot 1, Block 1 Gaona Addition and a tract in the J Prickett Survey A 1225 and the E R Mingus Survey A 1075, City of Kennedale, Tarrant County, Texas. Any interested person will be allowed to provide input to the Planning & Zoning Commission during the public hearing. The Planning and Zoning Commission is a recommending body only; the City Council is authorized to approve or deny the request for a final plat and will hold a public hearing in the City Hall Council Chambers during its regular meeting in August 2011. You are receiving this letter because the Tarrant Appraisal District records indicate you are the owner of real property with 300 feet of the property for which the final plat has been requested. This letter 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 of or against the request for a final plat. www.cityofkennedale.com TEL 817.985.2130 FAX 817.483.0720 ) KENNEDALE You're Here,Your Home Permits & Planning 405 Municipal Drive Kennedale, TX 76060 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, r . Rachel Roberts Planner www.cityofkennedale.com TEL 817.985.2130 FAX 817.483.0720 Case PZ 11 -05 Showing approximate location of requested final plat 0 0 0 W Q 0 U ( :gend ® Approximate site of proposed plat 0 125 1 0 Feet N Property boundary data from Tarrant Appraisal District Work Session Roll Call if present Lori Bryan `i t v 2_" ( 0 g (� Ray Cowan Ernest Harvey A Thomas Pirtle Charles Overstreet Billy Simpson Adrienne Kay Randy Swiney Staff Report to the Members of the Planning & Zoning Commission Date: July 14, 2011 Agenda Item No: I -A Subject: Sexually Oriented Business Locations Originated by: Rachel Roberts, Planner SUMMARY. The city's existing sexually- oriented businesses will be closed by March 1 of next year, and new SOBs cannot open in those locations. We are required to allow SOBs within city limits and need to designate new locations for them to operate. As the Commission is aware, the existing sexually- oriented businesses in Kennedale will be closed in approximately seven months. The Supreme Court has said that cities are not allowed to prohibit sexually- oriented businesses. The current locations are deed - restricted against other SOBs opening there, so we must either allow SOBs in certain zoning districts (for example, Industrial zoning districts) or designate a reasonable number of locations where SOB's are allowed to operate. Staff recommends designating specific locations. These locations must be commercially viable and have adequate access. It is imperative to have new locations identified and officially designated by the time the existing SOBs close. At this time, we have five designated locations. Several of these locations are in the Oak Crest vicinity. With our efforts to redevelop this area, we would prefer not to designate SOB locations in Oak Crest. Instead, we recommend designating places elsewhere in the city. To be on the safe side, we would prefer to have the locations designated by early December. After discussions with our city attorney, we recommend designating i approximately six locations. We have identified three possible options, listed below. In addition to these locations, we will need to identify two or three more. • Vacant lot by Wal -Mart • Strip shopping center in front of Wal -Mart • Site behind Jazz Auto (already on list of designated locations) Criteria for designated locations: Sec. 11 -204. - Location. (a) Except as permitted in subsection (b) below, a person commits an offense if he establishes, operates or causes to be operated, or expands a sexually oriented business within one thousand (1,000) feet of any of the following uses or locations within the city limits or extraterritorial jurisdiction of the city: (1) A church or synagogue; (2) A public or private elementary or secondary school or licensed day -care center; (3) A boundary of a residential district (including, but not limited to, zoning classifications AG, R -1, R -2, R -3, OT, D, MF and MH); (4) A public park; (5) A public library; (6) The property line of a lot devoted to a residential use as defined in this article; or (7) Another sexually oriented business. (b) A person commits an offense if he establishes, operates or causes to be operated, or expands a sexually oriented business within the Business 287 Overlay District or the Interstate 20 /Loop 820 Overlay District as established in the Kennedale Zoning Ordinance. (c) Notwithstanding subsections (a) and (b), a person may establish, operate or cause to be operated, a sexually oriented business at the following sites, even if such sexually oriented business is within one thousand (1,000) feet of a protected use listed in subsection (a) above or within the Business 287 Overlay District or the Interstate 20 /Loop 820 Overlay District: (1) Tract 31C of Abstract 1376 in the David Strickland Survey (1.0 acre); (2) Lot 8, Block 14, Oakcrest Addition (1.056 acres); (3) Tract 3G, Abstract 716, W.H. Hudson Survey (3.5 acres); (4) Lot 1, T.W. Moore Addition; and (5) Tract 31 K1 F, David Strickland Survey, Abstract 1376. (d) A person commits an offense if he establishes, operates or causes to be operated, a sexually oriented business in any building, structure or portion thereof containing another sexually oriented business. We will bring the large zoning map and address map to the meeting next week to aid discussions. K �df' Staff Report to the Members of the Planning & Zoning Commission Date: July 11, 2011 Agenda Item No: I -g Subject: Comprehensive Land Use Plan update Originated by: Rachel Roberts, Planner The Comprehensive Plan Advisory Committee met on June 20 to review four future development concepts presented by Halff Associates. The consultants are using feedback from the advisory committee and the public input meeting, as well as information from previous plans, to create a draft comprehensive plan. City staff will review the draft plan and check for errors, for example, if the consultants failed to address an issue we know to be of concern to the advisory committee members or to the general population in Kennedale. We hope to have a third advisory committee meeting and a second public input meeting in late summer or early fall. Staff Report to the Members of the Planning '& Zoning Commission Date: July 13, 2011 Agenda Item No: I -C Subject: Noise (nuisance) regulations Originated by: Rachel Roberts, Planner SUMMARY. This agenda item is a continued topic from last month's meeting. The Commission has been reviewing the city's nuisance noise regulations with an eye toward updating the noise regulations in the oil & gas code and moving these regulations to the city's nuisance code. The Commission asked staff to develop recommendations for regulating low frequency sounds and other nuisance noises that are not specifically addressed in our current code, and these recommendations are described below. Possible changes to the noise ordinance: • Moving some or all of the noise - related regulations from the oil and gas code (in Chapter 17 of the city code) to the nuisance code (in Chapter 15) • Adding stipulations about when it may be better to use weighting /filter other than A weighting • Adding stipulations about low frequencies and high frequencies or tones Low Frequency Noise. Several cities in the DFW area regulate pure tones and low- frequency sounds for oil and gas operations. Fort Worth, Mansfield, Grand Prairie, and Burleson use similar standards for pure tones and low- frequency sounds. The Fort Worth standards were developed with the help of a consultant and after conducting a study in their city. The process Fort Worth used for creating these regulations seems sound, and I recommend we use similar regulations. In addition, there are several acoustic engineers in the region who could provide assistance in drafting our standards, if needed. 1 The Fort Worth regulations are as follows: Regulation for pure tones. An operator shall not drill or redrill a well or operate any equipment in such a manner so as to create pure tones where one -third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of two contiguous one- third octave bands by five (5) dB for center frequencies of five hundred (500) hertz and above, and by eight (8) dB for center frequencies between one hundred sixty (160) and four hundred (400) hertz, and by fifteen (15) dB for center frequencies less than or equal to one hundred twenty -five (125) hertz. Regulation for low- frequency sounds. An operator shall not drill or redrill a well or operate any equipment in such a manner so as to create low- frequency outdoor noise levels that exceed the following decibel levels: 16 hertz octave band 65 dB 32 hertz octave band 65 dB 64 hertz octave hand 65 dB How oil & gas - related noise regulations could fit into the city's loud noise/ nuisance code: Sec. 15 -151. - Definitions. The following definitions shall apply in this article, unless otherwise indicated: C- weighted sound level means the sound pressure level in decibels as measured on a sound level meter using the C- weighing network. The level so read is designated dB(C) or dBC. Frequency means the time of repetition of a periodic phenomenon, measured in Hertz (Hz). Octave band means an interval in Hertz between two frequencies having a ratio of 2:1. For purposes of this section, octave band sound pressure levels shall be measured at any of the following center frequencies: 31.5, 63, 125, 250, 500, 1,000, 2,000, 4,000 and 8,000 Hz. Sec. 15 -154. - Nuisance if causes distress, discomfort, annoyance, or injury. 2 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: (7) Any activity or operation of equipment that creates pure tones where one -third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of two contiguous one -third octave bands by five (5) dB for center frequencies of five hundred (500) hertz and above, and by eight 8) dB for center frequencies between one hundred sixty (160) and four hundred (400) hertz, and by fifteen (15) dB for center frequencies less than or equal to one hundred twenty -five (125) hertz. (8) Any activity conducted in such a manner or equipment operated in such a manner so as to create low- frequency outdoor noise levels that exceed the following decibel levels: 16 hertz octave band 65 dB 32 hertz octave band 65 dB 64 hertz octave hand 65 dB 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: (5) Noise levels during fracing, drilling, production, or other oil or gas operations in excess of 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., or in excess of sixty (60) decibels at any point within three hundred (300) feet from the boundary of the drill site. 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 3 is used to measure sound levels, time periods for averaging shall not exceed three (3) minutes. Sec. 15 -159 (or other section to be added by city attorney) Measurements for low - frequency sounds. When low- frequency sounds are suspected, sound levels shall be taken using both A- weighted and C- weighted scales. If the difference between the A- weighted and C- weighted Lea values is greater than 20 dB, then a low frequency noise may be present, and maximum sound levels should not exceed the levels set by Sec. 17- 154(8). NOTE: this proposed new section, 15 -159, will need to be reviewed by an expert in acoustics, but it is provided here to give Commission members an idea of the kind of regulation we are likely to recommend in the final draft. If the amendments suggested in this report are in line with what the Commission wanted, we will schedule this matter for a city council work session. When we have direction from Council, we will create a final draft for Commission review and will schedule the public hearing. 11 Staff Report to the Members of the Planning & Zoning Commission Date: July 12, 2011 Agenda Item No: I -D Subject: Oil and gas ordinance Originated by: Rachel Roberts, Planner SUMMARY. The Commission is in the process of revising the oil & gas code to correct problems stemming from or not addressed by the revisions adopted last year. These issues are described below. Waivers to allow reductions in required distances between drilling and habitable structures or property lines. The Board of Adjustment requested the Planning & Zoning Commission to consider making revisions to the oil & gas code so that we have a different process for considering exceptions to the 100% waiver requirement for habitable structures /property lines. After discussion during the June meeting, the P &Z asked staff for revisions that would remove the exceptions entirely. A draft code amendment is shown below for your consideration. Number of wells per padsite. P &Z asked staff to research what other cities are considering in terms of number of wells per padsite. I meet monthly with a group of city employees in the Metroplex who are responsible for overseeing gas operations. I checked with several group members from different cities, including a representative from Fort Worth. They said that limiting the number of wells per padsite was not a concern at this time but that instead, the concern was limiting the number of padsites. The Fort Worth staff person I spoke with said they are not looking at limiting the number of wells per padsite because it could become a takings issue, given that they are concerned about limiting the number of padsites (limiting the number of padsites + limiting the number of wells per padsite means limiting access to minerals). Required distance between gathering stations /compressor stations and habitable structures. In last year's amendment to the oil & gas code, the city adopted a requirement that gathering stations (compressor stations) may not be located closer than 2,000 feet to a habitable structure or protected use, with the operator able to reduce the distance to 1,000 feet if all affected property owners agree in writing to the distance reduction. However, an earlier part of the code states that no drilling, production, compressors, compressor station or gathering station may be located within 600 feet of a habitable structure or protected use, with the opportunity to reduce the distance to 300 feet if all affected property owners agree in writing. This part of the code should be corrected to reflect the intent of city council, which is to require the greater distance (2,000 ft) between compressor stations and protected uses. Draft code amendments. The code amendments would do the following: • Remove the option for operators to seek an exception from the 100% requirement for reducing distance from drilling to the property line; removing the option for an exception would require operators to have 100% of waivers in order to reduce distance between drilling and a property line. • Remove the option for operators to seek an exception from the 100% requirement for reducing distance from drilling to habitable structures, removing the option for an exception would require operators to have 100% of waivers in order to reduce distance between drilling and a habitable structure. 2 • Correct the error that accidentally left in place a statement that compressor stations could be located as close as 600 feet to a protected use. The revised section could read as follows: Sec. 17 -426. Oil & gas. (c) Oil and gas well drilling and production by special exception. (2) No drilling, or production, semPFessor6, —Gernpress^r stati„r, or gather'rn statien 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... No drilling, production, compressor, compressor station, or gathering station shall be permitted within three hundred (300) feet of a neighboring property line r unless all affected property owners agree in writing. If eight„ (80 nernent O affen+ed property ewRer6 agree an WF tG permit dFiIIiRg within 300 feet E)f a neighbo i property line, then the operator may apply to the G GeunG fqF a varianGe the requirement that all affeGted preperty Owners must agree On writing. VV four (4) or feewe waivers are requ if al bu o ne (1) property Fs agFee "'``11``^^�� `"' f then rer irement that all affeGted property owners must agree in WFitiRg (c -1) Gathering stations and compressor stations by special exception. 3 (3) Gathering stations shall be subject to the following on -site operation requirements: a. No gathering station shall be permitted within the floodway or 500 -year floodplain as defined by FEMA or within two thousand (2,000) feet of any cultural, historic or archeological resources, or groundwater recharge areas, or environmentally sensitive areas, excluding floodplain and floodways; or within two thousand (2,000) 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 inspector, provided, however, that this minimum setback may be reduced to one thousand (1,000) feet if all affected property owners agree in writing. No gathering station shall be permitted closer than one thousand (1,000) feet to a neighboring property line unless all affected property owners agree in writing. if eight„ (80) perE;ent of affeGted prepeFty owners agree on writing to permit a gatheF'Rg station as Glese as one thousand (1,000) feet, theR the E)peFateF may apply to the BE)aFd ofo JtFnont for a SpeGiol except f rorn rthe Tequi-meat that all f feGCed p Fo p orty E)wnoro must agre in writing When four (4) or fewer waivers are A , if all but one (1) property owners agree in writing to Permit a gatheFing E)wnore must aurae in writing-. Staff Report to the Members of the Planning and Zoning Commission Date: July 11, 2011 Work Session Agenda Item No: I I -E Subject: I form -based codes Originated by: Rachel Roberts, Planner We are excited about the possibility of developing form -based codes for parts of the city and to be moving forward on this issue with the P &Z Commission. Although we advise against creating and implementing a form -based code prior to adoption of the comprehensive plan update, we can begin the preparatory work that will smooth the way for developing an FBC after the comprehensive plan is adopted and council approves going in that direction. The Form -Based Codes guide' lays out the steps to take in preparing for developing an FBC. A lot of groundwork must be done first. The preparation includes doing the following: Scoping, including selecting the process • Documenting background data and existing conditions • Conduct macro -scale site visit. Prior to visiting the site, analyze the data collected Conduct micro -scale site visit • Visioning A more detailed description of the preparation process is at the end of this report. When you read it, you will see that developing a form -based code requires extensive preliminary work. Because of the amount of technical information and the kind of details required to develop a good code, the manual recommends hiring FBC experts to do this work, or at the very least, to supervise the work of city planning staff. Our budget likely will not include funding for specialist help, but it may be that we can at least afford to hire consultant to review our preliminary work to check for any missed steps. I am confident that 1 Parolek, Daniel G., Karen Parolek, and Paul C. Crawford. 2008. Form -based codes: a guide for planners, urban designers, municipalities, and developers. John Wiley & Sons, Inc. Page 1 of 3 at least some of this work can be done by city staff and possibly with the help of UTA students. Over the next several months, I will be collecting and preparing the information called for in the FBC manual. I hope to have as much background information as possible prepared by the time the comprehensive plan is adopted and will keep the Commission updated monthly on progress. Detailed list of preliminary work to be done before developing a form -based code: Scoping • Selecting the process • Determining the application area • Determining the implementation method • Selecting an approach to developing a form -based code (e.g., use the smart code as a template) Documenting • Collecting relevant background data • Identifying the neighborhood framework • Identifying and analyzing the role of different corridors • Identifying the existing transect levels • Selecting sampling areas for the micro -scale documentation • Identifying the typical conditions within each sampling area that will be the foundation of the Building Form Standards Conduct macro -scale site visit. • Prior to visiting the site, analyze the data collected, which should include the following material: • maps of existing conditions • existing planning documents • streets master plan • parks plan • historic conservation plans • historic maps • figure - ground maps • maps with lot lines • building footprints • curbs and sidewalk locations Page 2 of 3 • public rights -of -way • creek corridors or other natural features that will impact development • special conditions analysis (e.g., slope analysis) • historic growth analysis diagram • Visit the site • Identify micro elements to be studied during the micro site visit, for example, thoroughfare types, frontage types, building types, and architectural styles • Organize data • Analyze the data post -visit • Present to stakeholders Conduct micro -scale site visit • Select sampling areas • Prepare site visit materials • Visit the site • Organize the data • Analyze the data Visioning Page 3 of 3 Staff Report to the Members of the Planning & Zoning Commission Date: July 14, 2011 Agenda Item No: I -F Subject: Bowman Springs Road intersection with Kennedale Pkwy Originated by: Rachel Roberts, Planner SUMMARY: During the past several work sessions, the Commission has been discussing the new intersection of Bowman Springs and Kennedale Pkwy in terms of existing zoning and whether zoning changes should be made. The Commission asked staff to bring a zoning map and other information to help the members have a better idea of existing conditions. The requested background information is attached to this page. As you will see, all of the properties at the new intersection are zoned for commercial or industrial and are used as commercial or industrial. Existing uses, Bowman Springs and Kennedale Parkway intersection based on State Use Codes assigned by the Tarrant Appraisal District (see attached zoning map) Al Single Family Residential A2 Mobile Homes B2 Duplex C1 Vacant residential C2 Vacant commercial F1 Commercial F2 Industrial See attached document for pictures of existing conditions. Intersection of Kennedale Parkway and the new alignment of Bowman Springs Intersection of Kennedale Parkway and the new alignment of Bowman Springs Northeast corner Intersection of Kennedale Parkway and the new alignment of Bowman Springs Southwest corner Intersection of Kennedale Parkway and the new alignment of Bowman Springs Southeast corner Zoning at New Intersection Bowman Springs / Dick Price and Kennedale Pkwy Staff Report to the Members of the Planning & Zoning Commission Date: July 14, 2011 Agenda Item No: I -F Subject: Bowman Springs Road intersection with Kennedale Pkwy Originated by: Rachel Roberts, Planner SUMMARY: During the past several work sessions, the Commission has been discussing the new intersection of Bowman Springs and Kennedale Pkwy in terms of existing zoning and whether zoning changes should be made. The Commission asked staff to bring a zoning map and other information to help the members have a better idea of existing conditions. The requested background information is attached to this page. As you will see, all of the properties at the new intersection are zoned for commercial or industrial and are used as commercial or industrial. Existing uses, Bowman Springs and Kennedale Parkway intersection based on State Use Codes assigned by the Tarrant Appraisal District (see attached zoning map) Al Single Family Residential A2 Mobile Homes B2 Duplex C1 Vacant residential C2 Vacant commercial F1 Commercial F2 Industrial See attached document for pictures of existing conditions. Staff Report to the Members of the Planning & Zoning Commission Date: July 11, 2011 Agenda Item No: I I -G Subject: I Overlay District Zoning Originated by: I Rachel Roberts, Planner Following this report is a comparison of regulations in the Overlay Districts and other /underlying zoning districts. The comparison browns down the regulations into the following issues governed through the Overlay Districts: ➢ parking; ➢ building materials; ➢ outside storage; ➢ screening; ➢ sign regulations; ➢ loading docks; and ➢ special regulations for salvage yards. As you will read, in many cases the regulations for the Overlay Districts and underlying zoning districts are the same or very similar. Now that so many of the Overlay District standards apply throughout the city, it may be worthwhile to remove the Overlay District regulations in order to remove redundancy. However, I recommend waiting on this course of action until after the comprehensive plan is amended, in case the consultants recommend implementing other regulations that would apply to the Overlay Districts only. Comparison of regulations in Overlay District and Other Zoning Districts This document provides excerpts from the city code governing the Overlay District(s) and non- overlay districts. In some cases, the regulations for these two kinds of district are the same. These sections are shown in bold, underlined type Also, in some cases, the regulations vary but are still similar. These sections are underlined Parking Overlay district regulations (f) Parking regulations. (1) For each permissible use in an overlay district, all off - street parking shall be regulated in accordance with the regulations of section 17 -424 of this article (2) No parking facility, paved surface, or sealed surface shall occupy any portion of a required landscape setback except as indicated in subsection I (Loading dock regulations for new construction). (3) On- street parking and parking in any right -of -way is prohibited except for emergency Other districts Regulated by city code Section 17 -424 As in the overlay districts, parking is prohibited in public streets and rights -of -way This section does not include a statement prohibiting parking facilities from occupying a portion of a required landscape setback. However, this prohibition is included in the landscaping regulations: No parkin facility acility shall be permitted within any landscape setback except as provided below (see 16 -607, below) Sec. 17 -603. Landscaping Requirements. (6) No landscape setback shall be covered with any impervious surface, permeable pavers, gravel, or other paving materials except for those limited areas to be used for driveways or access - ways for ingress and egress to the property. Sec. 16 -607. Landscaping of Parking Lots. (4) No parkin facility acility shall be permitted within any landscape setback except as provided below 1 a. Where a deceleration /acceleration lane and transition area are dedicated, a parking facility may encroach into the required landscape setback area abutting such lane and transition area, provided that no parking facility shall be located within five (5) feet of the nearest right -of -way line. 2 Building Materials Overlay district regulations (g) Building construction regulations. (1) Any building wall that faces Business 287 or the access road to Interstate 20 /1-oop 820 shall have a minimum of eighty (80) percent of the surface area of the exterior walls from the grade to the eave area, excluding doors and windows, constructed from one (1) or more of the following permanent building materials: a. Glass or natural stone; b. Face brick or face tile; c. Concrete; or d. Split face concrete masonry units (havdite block) or decorative pattern concrete block masonry units Other districts Regulated by Section 17 -405 of the city code. All zoning districts except Mobile Home and Industrial are required to have 80% masonry construction as follows: (f) For the purposes of this requirement, the following materials shall be considered "masonry": glass, natural stone, face brick, face tile, concrete, split face concrete masonry units (havdite block) decorative pattern concrete block masonry unit masonry veneer, and cement stucco In determining the percentage of masonry required, the surface of the exterior walls exclusive of the doors and windows shall be measured, up to the eave area or up to a maximum of twelve (12) feet in height, whichever is less. 3 Outside Storage Overlay district regulations (h) Outside storage regulations. (1) All outside storage, when permitted by the regulations of both the underlying zoning district and the overlay district, shall: a. Not be located within twenty -five (25) feet of the nearest right -of -way line to Business 287 or the access road to Interstate 20 /Loop 820; and b . Be screened in accordance with subsection li) (Screening regulations) so that the storage cannot be seen from public streets and adjacent properties. (2) Any building or use not in an overlay district before the effective date of this article shall be required to comply with the outside storage by the earlier of the following dates: a. March 9, 2002; or b. When the land use or ownership changes. Other districts Contractors' yards with outside storage are permitted in C -2 and I zoning districts (Sec. 17 -421) (see also Screening Requirements for outdoor storage in next section on Screening, below) Sec. 4 -226. - Outside /outdoor storage regulations. (a) All outside /outdoor storage, when permitted, shall: (1) Not be located within twenty -five (25) feet of the nearest right -of -way line to a public street and (2) Be screened in accordance with section 17 -425 of this Code (screening requirements), except where regulated by overlay districts; and (3) Not be located within any required setbacks or within any required landscaped areas; and (4) Not block or restrict sidewalks or other pedestrian or required handicapped - accessible paths and access ways for safety; and (5) Not block or restrict required parking spaces or vehicular flow within parking lots; and (6) Not block or restrict fire lanes or fire lane visibility; and (7) Not block or restrict access to building entrances and exits; and (8) Not impede vehicular traffic flow on adjacent streets or restrict or block the line of sight for incoming and outgoing vehicles; and (9) Not block or restrict required lighting... [note: development director is allowed to grant exceptions in some cases] Screening Regulations Overlay district regulations (i) Screening regulations. (1) Screening shall be in accordance with the underlying zoning district. (2) No fencing shall be permitted in any required landscape setback or building setback abutting a public street. (3) All dumpsters shall be screened so that they cannot be seen from public streets. Such screening shall be accomplished by either enclosing the dumpster with a six -foot screening device or planting large screening shrubs (at least five - gallon containers) with a maximum spacing of four (4) feet on center (4) All outside storage, when permitted by the underlying zoning district, shall be enclosed by a screening device at least as tall as the materials stored outside. (5) All required screening and fencing shall be a minimum of six (6) feet in height unless otherwise specified in this article (6) Special screening regulations for salvage yards are described in subsection (m) (Special conditions for salvage yards) hereof... Other districts Sec. 17 -425. Screening Requirements. (a). Screening required between incompatible zoning districts. Insofar as practical, screening must be erected, placed, grown and maintained along the common boundary line of incompatible zoning districts before any use is made of the property. This screening requirement shall be the responsibility of the owner of the less restrictive district, with the agricultural and single - family residential districts (AG, R -1, R -2, and R -3 districts) being the most restrictive and the industrial district being the least restrictive district... Such screening shall not be ' -6) feet in height_ nor greater than eight (8) feet in height. However, no fence, wall, or hedge on a corner lot shall have a height in conflict with the regulations governing visibility at intersections as prescribed in subsection 17- 405(c)(6) of this article. Such screening shall also be in conformance with article VIII of chapter 4 of this Code that addresses fencing and screening. Parking lots, playgrounds, ballfields, tennis courts and swimming pools to be screened. Any commercial parking lot, playground, ballfield, tennis court, or swimming pool when adjacent to any residential use or district, shall be suitably screened from view with screening shrubs or masonry wall. Such screening shall be at least two (2) feet in height. (c) Garbage, refuse and trash collection /storage areas to be screened. Garbage, refuse, and trash collection /storage areas in any multifamily residential district, condominium or townhouse project, or nonresidential district or use, shall be screened on at least three (3) sides to adequately screen such area from view of the surrounding area (see subsection 17- 405(c)(8)). Such screening shall be accomplished by either enclosing the dumpster with screening device of height in accordance with subsection (4) hereof, or vegetation great enough in height and volume to screen collection /storage areas from view of the surrounding area (1) Screening materials. Except where otherwise permitted in the City Code, screening walls shall be constructed of masonry or pre -case stamped concrete, and screening materials shall be consistent with the exterior finish of the main building in material and color. No screening wall or fence shall be constructed of materials not manufactured or designed for the primary purpose of wall or fence construction. Gates shall be steel and painted in color corresponding to the primary structure. (2) Vegetation. If vegetation is used for screening, native and adapted, drought tolerant plants are I preferred. (3) Maintenance of screening. Every screening wall and screening fence shall be adequately maintained by the property owner. All plant materials used for screening shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Maintenance shall include watering, trimming, pruning, etc. Plant materials that die shall be replaced with plant material of similar variety and size. (4) Height of screening materials. Screening walls, fences, and vegetation shall be a minimum of one U foot in height above the materials being stored, and screening walls and fences shall not be ,greater than eight (8) feet in height Materials being stored shall not be stored higher than one (1) foot below the screening provided. (5) Approval of screening design. Screening designs must be approved by the director of development before construction or installation of screening may begin. (d) Maintenance of screening devices. All screening devices shall be perpetually maintained by the owner of the property. (e) Outside storage to be screened. (1) Screening device. Outside storage, when permitted, shall be screened on all sides to adequately screen such from view of the surrounding area. Such screening shall be accomplished by ►/ either enclosing the materials to be stored with a screening device with height in accordance with subsection (5) hereof, or vegetation great enough in height and volume to screen stored materials from view of the surrounding area. The director of development shall determine whether vegetative screening meets the requirements of this section. (2) Salvage yards. Special screening regulations for salvage yards are prescribed in subsection 17- 420(m). (3) Screening materials. Screening materials shall comply with the following provisions: a. Except where otherwise permitted in the City Code, screening walls shall be constructed of masonry or pre -case stamped concrete, and screening materials shall be consistent with the exterior finish of the main building in material and color. No screening wall or fence shall be constructed of materials not manufactured or designed for the primary purpose of wall or fence construction. Gates shall be steel and painted in color corresponding to the primary structure. b. If vegetation is used for screening, native and adapted, drought tolerant plants are preferred. 8 Sign Regulations Overlay district regulations (k) Sign regulations. The sign regulations set forth in chapter 17, article VII, "Signs ", of this Code shall apply to all uses located in the Business 287 and Interstate 20 /1-oop 820 overlay districts. Other districts All zoning districts are regulated by the sign code referenced above. E Loading Docks Overlay district regulations (1) Loading dock regulations for new construction. The following applies to new construction: (1) No loading dock shall be located or constructed facing Business 287 or the access road to Interstate 20 /1-oop 820, except that loading docks for the delivery of finished goods to retail businesses shall be permitted All loading docks which are so permitted to face Business 287 or the access road to Interstate 20 /1-oop 820: a. Shall be totally screened from view from Business 287 or the access road to Interstate 20 /1-oop 820, by an eight -foot high screening wall constructed of a permanent building material as set forth in subsection (g) hereof, with no openings except for driveway access; and b. Shall not be located within fifty (50) feet of the nearest right -of -way line of Business 287 or the access road to Interstate 20 /1-oop 820 (2) No loading dock on the side wall of any building shall be located or constructed within fifty (50) feet of the nearest right -of -way line of Business 287 or the access road to Interstate 20 /1-oop 820. When permitted, loading docks on such side walls shall be screened from Business 287 or the access road to Interstate 20 /1-oop 820 by an eight -foot high screening wall constructed of a permanent building material as set forth in subsection (g) hereof, with no openings except for driveway access. The following diagram provides an illustration of these regulations as applied to the loading dock permitted on a side wall: C OF—= r O 2 v z Eight foot high O opaque screen n x 50' Loading Dock Setback IF 25' Building Setback F 48' ACCESS ROAD TO 1 -20 /BUSINESS 287 (3) No loading dock shall be permitted or approved unless it is shown that it is set back a sufficient distance from any public street and right -of -way so that all loading operations, parking, storage, and 10 vehicular maneuvering into or out of loading dock spaces shall take place outside of any public street or right -of -way Other districts Sec. 17 -424. - Off - street parking and loading requirements generally. (e) Off - street loading requirements. All commercial and industrial uses shall be provided with off - street facilities for receiving and loading merchandise, supplies and materials within a building or on the lot or tract. Such off - street loading space may be adjacent to a public street or alley, private service drive, or may consist of a truck berth within the structure. No loading docks shall be constructed facing on any public street or highway unless said loading dock is at least seventy -five (75) feet from the right -of -way line of the street or highway on which said loading dock fronts Such off - street loading space or truck berth shall consist of a minimum area of ten (10) feet by forty -five (45) feet and such spaces or berths shall be provided in accordance with the following schedule: Square Feet of Gross Floor Minimum Area in Structure Required Spaces or Berths 0 to 5,000 0 5,000 to 25,000 1 25,000 to 45,000 2 45,000 to 65,000 3 65,000 to 100,000 4 Each additional 50,000 or portion thereof The existence of a twenty -foot alley adjacent to the property shall be construed as equivalent to one (1) berth. All off - street loading spaces shall have an all- weather surface of asphalt or concrete construction and shall be accessible by a street, driveway or alley. (f) Counting parking and loading space twice prohibited. No part of any off - street parking or loading space required in connection with any building for the purpose of complying with these zoning regulations shall be included as a part of any off - street parking or loading space similarly required for any other building. (g) Loading docks which are permitted to face a public street: 11 (1) Shall be totally screened from view from the public street by an eight -foot high screening wall constructed of a permanent building material as set forth in subsection (i) hereof, with no openings except for driveway access; and , (2) Shall not be located within seventy -five (75) feet of the nearest right -of -way line of the public street The following diagram provides an illustration of these regulations as applied to the loading dock permitted on a side wall: Eight foot nigh O il opaque sorsen � W Loading book Setbach 26' Building Setback 8%M Mpq kid+[ am eeaaeee qw" a� amwar ®a®e sre W oea.iou mean ORM iw "d ic- 'o— ROAD mmna t-4 µye WIP Wo" ' hw..s a s 6 — * /+- w &.o f­ ar taomo sacra ame+s aa.r.. sneer � (h) No loading dock shall be permitted or approved unless it is shown that it is set back a sufficient distance from any public street and right -of -way so that all loading operations, parking, storage, and vehicular maneuvering into or out of loading dock spaces shall take place outside of any public street or right -of -way. The director of development shall determine whether the setback distance is sufficient. (i) Loading dock screening materials. Except where otherwise permitted in the City Code, screening walls shall be constructed of masonry or pre -case stamped concrete, and screening materials shall be consistent with the exterior finish of the main building in material and color. No screening wall or fence shall be constructed of materials not manufactured or designed for the primary purpose of wall or fence construction. Gates shall be steel and painted in color corresponding to the primary structure. Q) Approval of screening design. Screening designs must be approved by the director of development before construction or installation of screening may begin. 12 Special considerations for salvage yards Overlay district regulations (m) Special conditions for salvage yards. The following requirements shall apply to salvage yards that are located, in whole or in part, within the overlay district: (1) There shall be no outside storage or display located within fifty (50) feet of the nearest right -of- way line of Business 287 or the access road to Interstate 20 /Loop 820. (2) All outside storage, salvage, and scrap shall be screened from view by an eight -foot high solid fence or wall that complies with the following requirements: a. All fences and walls shall form an opaque, solid barrier, without gaps or openings, except as provided in subsection c., below. b. All fences and walls shall be constructed of wood or a permanent building material as set forth in subsection (g) hereof, with no openings except for driveway access. c. Only openings in fences and walls that are necessary for reasonable access to the salvage yard shall be permitted, but shall be equipped with a solid gate or door constructed and maintained in accordance with the requirements for fences and walls set forth in this subsection. All openings so permitted shall be closed and securely locked at all times except for needed access. d. All fences and walls shall extend downward to within three (3) inches of the ground and shall also test plumb and square at all times. e. Any painting, staining, coating, covering, or other coloring of any fence or wall shall be of a uniform color in earth tones, except rust. f. No signs or advertising shall be attached to or otherwise appear on any fence or wall. (3) Outside storage, salvage, and /or scrap shall not be stacked, accumulated, kept, or otherwise placed above the solid fence or wall described above... Other districts There are no separate restrictions for salvage yards not located in an overlay district. Sec. 17 -425. Screening requirements. (e) Outside storage to be screened. (2) Salvage yards. Special screening regulations for salvage yards are prescribed in subsection 17- 420(m). 13 Staff Report to the Members of the Planning & Zoning Commission Date: July 14, 2011 Agenda Item No: I -H Subject: Incompatible Zoning Districts Originated by: Rachel Roberts, Planner In the June P &Z meeting, the Commission considered postponing further discussions of this item until after adoption of the comprehensive plan update. With the Commission's permission, I will remove this item from further agendas until the revised comprehensive plan has been adopted. Staff Report to the Members of the Planning & Zoning Commission Date: July 13, 2011 Agenda Item No: I I -I Subject: I Discuss and review any item on the agenda, as needed Originated by: I 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: July 13, 2011 Agenda Item No: I J Subject: List of Items for Future Consideration Originated by: Rachel Roberts, Planner In addition to the items listed below, the Commission may add items to the list for future discussion. Commission members may discuss each item in order to determine how to direct staff to bring it to the Commission as a future action item, but no action may be taken at this time. a. Alcohol Ordinance b. Green / Environmental Regulations C. Storm Water Ordinances and Creek Ordinances d. Salvage Yard Ordinance / �;I 4f ?, U p ('1_ Regular Meeting & Public Hearing Roll Call if present v Lori Bryan ` Ray Cowan Ernest Harvey Thomas Pirtle Charles Overstreet Billy Simpson V Adrienne Kay Randy Swiney Staff Report to the Members of the Planning & Zoning Commission Date: July 14, 2011 Agenda Item No: III Subject: Case PZ 11 -07 Originated by: Rachel Roberts, Planner CASE # PZ 11 -07 to receive comments and consider action on a final plat requested by McCaslin Holdings for approximately 3.776 acres located on Bowman Springs Road, more particularly described as a portion of Lot 1, Block 1 Gaona Addition and a tract in the J Prickett Survey A 1225 and the E R Mingus Survey A 1075, City of Kennedale, Tarrant County, Texas. Background and Overview. The Bowman Springs Road realignment project took out a small part of the Gaona Addition and left two small parcels from the old road alignment. The proposed plat would combine these remainders with the Gaona Addition, and the combined parcels would be subdivided into five lots. The plat would thus combine a property from an existing subdivision, plus two unplatted properties (remainders from the old road right -of -way). Staff view the plat therefore as both a final plat and a replat. The plat drawing is marked as a final plat, but the stricter processing procedures for replats were followed to ensure compliance with state law. Plat Review. Staff reviewed the plat for compliance with the subdivision regulations and with the comprehensive plan. The plat meets the lot size requirements specified for lots in this zoning district, as stated in Section 17 -405 of the city code. The Future Land Use Map shows this area as single family residential, and the proposed plat is in compliance with that designation. Our engineers also reviewed the plat drawing and noted some minor changes to be made to the plat drawing, namely some corrections need to be made to the metes and bounds description for the property to be platted, and the point of beginning needs to be labeled. Corrections are also required before the construction plans can be approved, but these can be handled separately, outside of the platting process but before development begins. Kennedale city code provides the following guidance for reviewing plats: After the planning and zoning commission has reviewed the plat, the commission may either: (1) Approve the plat as presented; (2) Approve the plat with conditions; or (3) Disapprove the plat. Summary and Staff Recommendation. Because the plat drawing general conforms to subdivision regulations, including lot size, lot width, and lot depth, staff recommend the Commission forward to Council a recommendation for approval, on the condition that the changes to the plat drawing and the changes to the construction plans mentioned above are made prior to the next Council meeting. j KENNEDALE CITY OF KENNEDALE PUBLIC HEARING SIGN -IN FORM CASE # PZ 11 -07 to receive comments and consider action on a final plat requested by McCaslin Holdings for approximately 3.776 acres located on Bowman Springs Road, more particularly described as a portion of Lot 1, Block 1 Gaona Addition and a tract in the J Prickett Survey A 1225 and the E R Mingus Survey A 1075, City of Kennedale, Tarrant County, Texas. im,I_11Vi11 ADDRESS: PHONE NUMBER: 2. 1 HEREBY WISH TO ADDRESS THE COMMISSION. ZIP ❑ DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. 1 AM REGISTERING ❑ FOR ErA"GAINST THE PLAT. 4. IN REGISTERING, I REPRESENT: /MYSELF El FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 5. THEIR BUSINESS ADDRESS IS: SIGNATURE. (, DATE: j KENNEDALE CITY OF KENNEDALE PUBLIC HEARING SIGN -IN FORM CASE # PZ 11 -07 to receive comments and consider action on a final plat requested by McCaslin Holdings for approximately 3.776 acres located on Bowman Springs Road, more particularly described as a portion of Lot 1, Block 1 Gaona Addition and a tract in the J Prickett Survey A 1225 and the E R Mingus Survey A 1075, City of Kennedale, Tarrant County, Texas. 1. NAME: �'e 0--try e- 3 ADDRESS: ZIP PHONE NUMBER: 2. 1 HEREBY ❑ WISH TO ADDRESS THE COMMISSION. ❑ DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. 1 AM REGISTERING ❑ FOR ❑ AGAINST THE PLAT. 4. IN REGISTERING, I REPRESENT: ❑ MYSELF ❑ THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 5. THEIR BUSINESS ADDRESS IS: i i ;. ` ­ 4 � SIGNATURE:, DATE: I KENNEDALE CITY OF KENNEDALE PUBLIC HEARING SIGN -IN FORM CASE # PZ 11 -07 to receive comments and consider action on a final plat requested by McCaslin Holdings for approximately 3.776 acres located on Bowman Springs Road, more particularly described as a portion of Lot 1, Block 1 Gaona Addition and a tract in the J Prickett Survey A 1225 and the E R Mingus Survey A 1075, City of Kennedale, Tarrant County, Texas. 1. NAME: 1" m A _ s -e-/m ADDRESS: I 190 /J04 [.L ,iGC I r I!Y 4 v 5 r( i :i . - ZIP — 26 3 PHONE NUMBER: el l . 11�2 ' 07 1 7 . 7 2. 1 HEREBY WISH TO ADDRESS THE COMMISSION. ❑ DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. 1 AM REGISTERING 19 FOR ❑ AGAINST THE PLAT. 4. IN REGISTERING, I REPRESENT: ❑ MYSELF ❑ THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 5. THEIR BUSINESS ADDRESS IS: SIGNATUR • DATE: 7 .1 7- 7- ° 2- j KENNEDALE CITY OF KENNEDALE PUBLIC HEARING SIGN -IN FORM CASE # PZ 11 -07 to receive comments and consider action on a final plat requested by McCaslin Holdings for approximately 3.776 acres located on Bowman Springs Road, more particularly described as a portion of Lot 1, Block 1 Gaona Addition and a tract in the J Prickett Survey A 1225 and the E R Mingus Survey A 1075, City of Kennedale, Tarrant County, Texas. 1. NAME: ADDRESS: PHONE NUMBER: 2. 1 HEREBY ❑ WISH TO ADDRESS THE COMMISSION. ❑ DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. 1 AM REGISTERING R ❑ AGAINST THE PLAT. 4. IN REGISTERING, I REPRESENT: [I MYSELF UGHE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 5. THEIR BUSINESS ADDRESS IS: SIGNATURE. DATE: {� ZIP ` � - , . - 7J IJ120d July 13, 2011 Rachel Roberts Permits & Planning 405 Municipal Drive Kennedale, TX 76060 Ref: Case PZ 11 -05 Dear Ms. Roberts In response to your notice regarding the plat request, I have two(2) major concerns that directly affect the integrity of my property. Since I will be unable to attend the public hearing scheduled for July 21, 2011, 1 want to make known my concerns at this time. My concerns are, (1), unencumbered access for the maintenance and repair to my rock retaining wall that lies adjacent to the property that is the subject of the plat request and, (2), the effective drainage of runoff water that presently flows past the existing retaining wall. The retaining wall is critical to maintaining the soil slope of my back yard and is subject to ocassional cracking. Repair is necessary to prevent future problems and possible total failure. It is imperative that legal physical access is ensured regarding future ownership of the property. Just as important as repair is, it is far more important that adequate water drainage be maintained. I applaude the rear driveway design but, as the submitted design shows, the drainage system for the last 231 feet is clearly undefined. Without a formal concrete drainage culvert or pathway mechanism, I forsee the possibility of a serious periodic flooding problem especially if a large flow is channeled near or against the wall. I cannot allow such an event to undermine and destroy the wall structure. As the plat design suggests, this drainage area could simply be a low lying area transversing someone's back yard, around obstructions, and under fences. This is clearly unacceptable. Your consideration in this matter is greatly appreciated. Yours truly, erry 2amleft (Telephone: 817 -451 -5220) t + , . < � z ii _ !._ ,. li � �` ., "P � ( ._ �, � !. f s �� ". - .. � :, r ti '� � ,, ., a i, e :� =:i i� ?: � 7 = : 't �r � _ �'� ' a .i � 5�. 3i. `F �1 f i�� �'., t 3x ,� �4 . i�s,. 1 ,F�� t Page 1 of 2 Rachel Roberts From: J.D. Farmer/ Metro Eng [mengineersinc @Tx.Twcbc.Com] Sent: Monday, July 18, 2011 9:06 AM To: Rachel Roberts Cc: Bob McCaslin Subject: Re: comments from engineer on Emerald Crest plat Attachments: fire turn.pdf Thank you, I looked at the comments and don't see anything of concern. 1. the plat comments involve decimal round off by two different programs, I've fixed that 2. on the construction plans, a. I was told water service bullheads were okay since they are going to be bored under Bowman Springs, I'll change those. b. Comment to submit drainage improvement plans. The water flows to the driveway then in a drainage easement to the existing bar ditch on Bowman Springs, for storm water it is a good practice to filter the water through a grass area, we had not intended to construct anything new. If he's talking about a detailed grading plan, this is not tract housing, these are custom home sites and until actual building footprints are determined, detailed grading is not practical. c. The turn around shown is for a standard hammerhead in common practice. See attached from Arlington J.D. Farmer, P.E., R.P.L.S. Metro Engineers, Inc. 1101 W. Abram St. Arlington, Texas 76013 817- 860 -1000 - - - -- Original Message - - - -- From: Rachel Roberts To: J.D. Farmer/ Metro Eng Cc: Bob McCaslin Sent: Friday, July 15, 2011 5:25 PM Subject: comments from engineer on Emerald Crest plat Good afternoon. We received comments back from our engineers the other day, and I'm attaching them to this message. There are some minor changes that need to be made to the plat drawing, but they're not significant enough to postpone the public hearing. I'm sending you the staff report for your case, PZ 11 -07 (originally number as PZ 11 -05 by mistake, which was the case number for the preliminary plat). You'll see that we're recommending approval of the plat on the condition that required changes are made before it goes to city council next month. The engineers also had comments on the construction plans, so we'll need to have those changes made, too. We can schedule a meeting with our engineer to discuss if that would be preferable. Our development director was planning to schedule a meeting with you, but his work has continually kept him out of the office the past several weeks, and 7/21/2011 Page 2 of 2 he was unable to do so. We apologize. If you would like to meet with our engineer, I will schedule the meeting. Also, in the comments on the construction plans, our engineer said that a water line will need to be constructed in order to provide fire protection for the subdivision. Since there is already a water line being construction along Bowman Springs, I asked him if a new water line were really necessary. He replied that we need a fire hydrant on the plat side of Bowman Springs, and that he would leave it up to the developer to get the fire protection to that side of the street. He said that boring across Bowman Springs is an option, and another option is tying to the 12 "water line behind the curb at the Bowman / Old Bowman intersection. Also, I checked with our fire department. Once again, I apologize for the delay in sending these comments to you. Sincerely, Rachel Roberts Planner City of Kennedale 817.985.2135 (tel) 817.483.0182 (fax) rroberts @cityofkennedale.com 7/21/2011 & d of //� / � ) Oj f b- q City of Kennedale � Final Plat Application APPLICANT NAME: McCaslin Holdings, Inc. DATE: SUB -D) ISION NAME: Emerald Crest Estates a portion of Lot 1, Block 1 Gaona Addition„ and a tract in the J. Prickett Survey Abstract No. 1225 and the E.R. LEGAL DESCRIPTION: Mingus` Survey, Abstract No. 1075, CityofKennedale , Tarrant County, Texas ACRES: 3.776 CURRENT ZONING: R3 PROPOSED ZONING: R3 BEING`PLATTED AS: LOTS; 1 thru 5 13LOCKS: 1. � PHASES: OWNER OF RECORD: ADDRESS; N. M CIn Mansfield SURVEYOF ADDRESS: CITY: Arlin tchell Road " PHONE: 817- 477 -0797 STATE: Texas zip: 76063 ENGINEER: Metro En( ADDRESS: 1101 W. A CITY: Arlinqton DEVELOPER: MCCasli ADDRESS: 100 Mitche CITY: Mansfield APPLICANT SIGN OWNER SIGN E� SURVEYOR SIGNATURE: ENGINEER SIGNATURE:s DEVELOPER SIGNATURE Staff Report to the Members of the Planning & Zoning Commission Date: July 13, 2011 Agenda Item No: IV Subject: Minutes from the June 2011 meeting Originated by: Rachel Roberts, Planner Please find with this report the draft minutes from the June meeting for your review and consideration. DI SCIULLO & TERRY, INC. CONSULTING ENGINEERS REGISTERED PROFESSIONAL LAND SURVEYORS P. O. Box 506 Phone: (817) 275 -3361 401-A West Abram Street Fax: (817) 275 -8920 Arlington, Texas 76004 TRANSMITTAL TO: FALCON WOOD ESTATES INC. DATE: July 6, 2011 (TO BE PICKED UP) RE: REPLAT - LOT 6R & LOT 8R BLOCK 7 FALCON WOOD ESTATES - PHASE TWO KENNEDALE TEXAS WE ARE SENDING: QUANTITY DESCRIPTION 14 FULL SIZE PRINTS 1 11" x 17" PRINT 2 SETS DRAINAGE & UTILITY PLANS 1 APPLICATION For Your: X FOR YOUR USE APPROVAL REVIEW /COMMENTS INFORMATION OTHER Sent By: REGULAR MAIL FEDERAL EXPRESS FAX COURIER X PICKED UP IN PERSON COMMENTS: BY: Jim D. Nichols, RPLS GENERAL INFORMATION Acceptable scale: 1" = 50', 1" = 100', or 1" = 200'. North Arrow, graphic & written scale in close proximity V Vicinity Map r l Appropriate Title, i.e. "Minor Plat of. 4_6 Title includes City, County, Ste, Survey Name, Total Gross Acreage, & Preparation Date V a Name & Address of Owner of Record, Sub- divider, Engineer, Surveyor, & PIa"nner vii ' 4 2 k, City Limits boundaries (where applicable) Surveyor's certification h/Q Certificate of approval box for City Administration ADJACENT PROPERTY (within 100) J� Adjacent Property, platted & unplatted property with legal description P ht owner of reco recorded ✓ Existing Zoning label for plat and adjacent property Existing easements T' v`Eh.'f "( o1of and dimensioned 1 VQ`APtl order ( 1 volume & page deed REVIEWED BY (Please attach comments): C.D. Secretary: C.D. Director: City Secretary: Building Official: C.D. Specialist:. City Manager: — CONFORMS WITH COMPREHENSIVE PLAN? Y N City of Kennedale Re -Plat Application Ilk r APPLICANT NAME: Di Sciullo -Terry, Stanton & Associates, Inc. DATE: July 1, 2011 SUB- DIVISISION NAME: Falcon Wood Estates - Phase Two LEGAL DESCRIPTION: Lots 6 -8 Block 7 ACRES: 1.679 CURRENT ZONING: R1 PROPOSED ZONING: R1 BEING PLATTED AS: LOTS :': 6R & 8R BLOCKS: 7 PHASES: 2 OWNER OF RECORD: Falcon Wood Estates Inc. ADDRESS: 2309 Roosevelt Drive Suite B PHONE: 817- 860 - .9800 CITY: Arlington STATE: Texas ZIP 76016 -5866 SURVEYOR: 'Di Sciullo -Terry, Stanton & Associates, Inc. ADDRESS: 401 -A West Abram Street PHONE: 817- 275 -3361 CITY: Arlington S TATE: Texas ZIP': ` 76010 ENGINEER: 'Di Sciullo -Terry, Stanton & Associates, Inc. ADDRESS: 401 -A West Abram Street _ PHONE: 817275 -3361 CITY: Arlington STATE: Texas ZIP: 76010 DEVELOPER: Falcon Wood Estates Inc. ADDRESS: 2309 Roosevelt Drive, Suite B PHONE: 817 - 860 -9800 CITY: Arlington STATE: Texas ZIP: 76016 -5866 APPLICANT SIGNATURE: DATE: I I OWNER SIGNATURE: ' DATE: SURVEYOR SIGNATURE: DATE: f /% ENGINEER SIGNATURE: ��` DATE: (e ` DEVELOPER SIGNATURE: An DATE: City of Kennedale Re -Plat Plat Check List If the following is on the Preliminary Plat, please put an "X ", if it is not applicable please write in N /A. GEN ERAL INFORMATION V / Acceptable scale: 1" = 50', 1" = 100', or 1" = 200'. V North Arrow, graphic & written scale in close proximity Vicinity Map Appropriate Title, i.e. `Re -Plat Plat of..." Title includes City, County, State, Survey Name, Total Gross Acreage, & Preparation Date I/ Name & Address of Owner of Record, Sub - divider, Engineer, Surveyor, & Planner City Limits boundaries (where applicable) ✓' / Surveyor's certification s/ Certificate of approval box for Planning and Zoning Commission ADJACENT PROPERTY (within 100') a, Adjacent Property, platted & unplatted property with legal description with owner of record, volume & page deed recorded Existing Zoning label for plat and adjacent property I,/ Existing easements V✓ / Adjacent street intersections shown Existing structures (note whether to remain or not) Existing Right of Ways shown PROPOSED INFORMATION ✓ Sub- division boundary in heavy lines rainage & Utility Easements labeled and dimensioned treet Right of Way dimensioned Lot and Blocks labeled in consecutive order Setback lines labeled or noted Proposed Zoning Changes labeled Flood Plain Features shown Staff Report to the Members of the Planning & Zoning Commission Date: July 15, 2011 Agenda Item No: V Subject: Appoint chair and vice -chair Originated by: Rachel Roberts, Planner The city council re- appointed David Hunn, Billy Simpson, and Ray Cowan to the Planning & Zoning Commission during last night's meeting. The council is also developing an attendance policy for boards and commissions, which they hope to adopt later this year. Council is placing great emphasis on attendance, and because Mr. Hunn's work requires him to miss several meetings a year, the council is requesting P &Z to appoint a new chair of the Planning & Zoning Commission. Staff Report to the Members of the Planning and Zoning Commission Date: July 13, 2011 Agenda Item No: LT 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 invited to make those announcements under this agenda item (Item V -B).