2014_03.04 BOA/BBA Packet*NOTE: Pursuant to Section 551.071, Texas Government Code, the Board of Adjustment
reserves the right to adjourn into Executive Session at any time during the regular session to
seek legal advice from the City Attorney on any item posted on the agenda or regarding matters
authorized by Section 551.071.
BOARD OF ADJUSTMENT & BUILDING BOARD OF APPEALS
AGENDA
REGULAR MEETING
March 4, 2014
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
REGULAR SESSION - 7:00 PM
I. CALL TO ORDER
II. ROLL CALL
III. SWEARING IN OF SPEAKERS
IV. MINUTES APPROVAL
A. Approval of minutes from the November 14, 2013 regular meeting, the January 29, 2014 new
member training, and the February 25, 2014 workshop
V. VISITOR/CITIZENS FORUM
At this time, any person with business before the Board of Adjustment not scheduled on the Agenda may
speak to the Board, provided that an official ‘Speaker’s Request Form’ has been completed and submitted
to the Board Secretary prior to the start of the meeting. All comments must be directed towards the Chair,
rather than individual board 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.
VI. REGULAR ITEMS
A. Case BOA 14-02 to receive comments and consider action on a request by Ron Sturgeon and
Randy Pool, manager at LKQ, for a Special Exception to the City Code Section17-421 Schedule of
uses and off-street parking requirements , to allow an auto salvage yard in an “I” Industrial zoning
district at 1206 and 1208 E Kennedale Pkwy, more particularly described as Kennedale Business Park
Block 1 Lot 1R1 and Greenleaf Addition Block 1 Lot 1.
1.Staff Presentation
2.Applicant Presentation
3.Public Hearing
4.Applicant Response
5.Staff Response and Summary
6.Action by the Board of Adjustment
VII. REPORTS/ANNOUNCEMENTS
VIII. ADJOURNMENT
In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable
accommodations for persons attending City Council meetings. This building is wheelchair accessible, and
parking spaces for disabled citizens are available. Requests for sign interpreter services must be made
forty-eight (48) hours prior to the meetings. Please contact Amethyst Cirmo, City Secretary, at
817.985.2104 or (TDD) 1.800.735.2989
CERTIFICATION
I certify that a copy of the March 4, 2014, Board of Adjustment & Building Board of Appeals agenda was posted on the City Hall
bulletin board next to the main entrance of the City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place
convenient and readily accessible to the general public at all times and said agenda was posted at least 72 hours preceding the
schedule time of said meeting, in accordance with Chapter 551 of the Texas Government Code.
________________________
Rachel Roberts, Board Secretary
Staff Report to the Board of Directors
Date: March 4, 2014
Agenda Item No: MINUTES APPROVAL - A.
I. Subject:
Approval of minutes from the November 14, 2013 regular meeting, the January 29, 2014 new member training,
and the February 25, 2014 workshop
II. Originated by:
Rachel Roberts, City Planner
III. Summary:
Attached to this message are the minutes from the November 2013 meeting, the January 2014 training, and
the February 2014 workshop for your review and consideration for approval.
IV. Recommendation:
Approve
V. Alternative Actions:
VI. Attachments:
1.11.14.2013 BOA Minutes 11.14.2013 BOA Minutes.doc
2.01.29.2014 BOA New Member Training Minutes 01.29.2014 BOA Minutes new member training.doc
3.02.25.2014 BOA Workshop minutes 02.25.2014 BOA Minutes workshop.doc
BOARD OF ADJUSTMENT
MINUTES
REGULAR MEETING
November 14, 2013
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
REGULAR SESSION - 7:00 PM
I. CALL TO ORDER
Chairman Adams called the meeting to order at 7:10 P.M.
II. ROLL CALL
Rachel Roberts called roll.
Members present: Rick Adams, Brian Cassady, Pat Vader, Martin Young, and Jeff Nevarez
(alternate)
Members absent: Jeff Madrid, Linda Elam (alternate), Lana Sather (alternate), and Richard
West (alternate)
With four members, a quorum was present.
Staff present: Rachel Roberts (Planning Director)
III. SWEARING IN OF SPEAKERS
There were no speakers.
IV. MINUTES APPROVAL
A.Review and Consider Approval of Minutes from the June 4, 2013 Board of
Adjustment meeting
Mr. Vader made a motion to approve the minutes, seconded by Mr. Cassady. The motion
passed with all in favor.
V. VISITOR/CITIZENS FORUM
No one registered to speak.
VI. REGULAR ITEMS
A.Elect chair and vice-chair of the Board of Adjustment/Building Board of Appeals
Mr. Vader made a motion to elect Rick Adams as chair of the Board of Adjustment. Mr.
Cassady seconded the motion, and it passed unanimously.
Mr. Cassady motioned to elect Pat Vader as vice-chair, seconded by Mr. Young. The motion
passed unanimously.
Mr. Vader made a motion to have the same chair and vice-chair for both boards. Mr. Young
seconded the motion, and it passed unanimously.
VII. REPORTS/ANNOUNCEMENTS
Ms. Roberts said the Christmas Tree lighting would be held on December 3 rd . Mr. Nevarez said
Art in the Park will have a table at the event, and funding is not good this year, so please spread
the word.
VIII. ADJOURNMENT
Mr. Cassady motioned to adjourn, seconded by Mr. Vader. The motion passed with all in favor,
and the meeting adjourned at 7:15 P.M.
Rick Adams, Chair
Date
ATTEST:
Rachel Roberts, Board Secretary
BOARD OF ADJUSTMENT & BUILDING BOARD OF APPEALS
MINUTES
NEW MEMBER TRAINING
January 29, 2014
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
TRAINING SESSION - 6:00 PM
I. CALL TO ORDER
The training was called to order at 6:01 P.M.
II. ROLL CALL
Members present: Lana Sather, Martin Young, and Jeff Nevarez.
Staff present: Rachel Roberts, planning director.
Others present: Ashley Dierker, attorney at TOASE.
III. BOARD OF ADJUSTMENT TRAINING FOR NEW BOARD MEMBERS
Training was led by Ashley Dierker. Ms. Dierker went over the role and authority of the board of
adjustment and responded to questions from board members.
IV. ADJOURNMENT
The training adjourned at 7:29 P.M.
Rick Adams, Chair
Date
ATTEST:
Rachel Roberts, Planning Director
Date
BOARD OF ADJUSTMENT & BUILDING BOARD OF APPEALS
MINUTES
WORKSHOP
February 25, 2014
CITY HALL CONFERENCE ROOM, 405 MUNICIPAL DRIVE
I. CALL TO ORDER
The workshop was called to order at 6:03 P.M.
II. ROLL CALL
Rachel Roberts called roll.
Members present: Pat Vader (vice-chair); Brian Cassady, Jeff Madrid, Jeff Nevarez (alternate), Lana
Sather (alternate), Martin Young
Members absent: Rick Adams (chair); Richard West (alternate)
Also present were Mayor John Clark and City Councilman Charles Overstreet.
Staff present: Bob Hart (city manager); Rachel Roberts (planning director)
III. WORKSHOP
A.Strategic Discussion of Redevelopment of Kennedale Parkway
Bob Hart described the development activity that had been taking place or was expected to occur soon,
including the building of Link Street, the construction of an ambulance sales office where Meadowview
had been extended to Kennedale Pkwy, the landscaping installed through the TxDOT Green Ribbon
grant program, the sidewalks to be installed through the TIP grant program, the creation of a TIF district in
the New Hope Road area, and discussions with Arlington about the zoning near the Tierra Verde overlay
district.
Ms. Roberts distributed a map showing locations of properties along Kennedale Parkway with special
exceptions set to expire over the next several years. Mr. Hart described how the city had reached a
settlement agreement with Don’s Scrap Metal for it to close at the end of February 2017, with an
additional six months to clean up the property. Mr. Hart said this property would not have been eligible
for a renewal of its special exception, since the city had rezoned the property to a zoning district that did
not allow a special exception for that use.
Mr. Hart said that council and staff would like to see the other businesses with special exceptions shown
on the map be closed within a reasonable time frame, i.e., about five years. The board was told that of
course it had discretion in making the decision, but by that time frame, the city expects to have seen
some shift in terms of land use in the area. Mr. Hart added that the board would want to be sure not to be
arbitrary or capricious in its decisions. He said that five years seemed a sufficient time frame to grant an
extension of the special exceptions to avoid being arbitrary and capricious. Mayor Clark emphasized the
importance of having a consistent process and time frame for all of the businesses in question.
Mr. Vader asked if the council would like the board to extend the special exceptions. Mayor Clark said
yes, but they wanted the board to be fair in its time frame and treat everyone the same way.
Ms. Sather said she would be surprised if some of the business owners didn’t put up a fight. Mayor Clark
said there may be a fight, but they knew they had a certain time frame when they got their special
exceptions. Mr. Nevarez asked what the long-term vision was for this area, and Mr. Hart said it was light
manufacturing.
Mr. Vader asked if the board had to extend the special exceptions, and Mayor Clark said it did not
because the board operates independently of the council. He and Councilman Overstreet just wanted to
let the board know that if it wanted to extend the special exceptions, the council would support them.
IV. ADJOURNMENT
The workshop adjourned at 7:02 P.M.
Staff Report to the Board of Directors
Date: March 4, 2014
Agenda Item No: REGULAR ITEMS - A.
I. Subject:
Case BOA 14-02 to receive comments and consider action on a request by Ron Sturgeon and Randy Pool,
manager at LKQ, for a Special Exception to the City Code Section17-421 Schedule of uses and off-street parking
requirements , to allow an auto salvage yard in an “I” Industrial zoning district at 1206 and 1208 E Kennedale
Pkwy, more particularly described as Kennedale Business Park Block 1 Lot 1R1 and Greenleaf Addition Block 1
Lot 1.
1.Staff Presentation
2.Applicant Presentation
3.Public Hearing
4.Applicant Response
5.Staff Response and Summary
6.Action by the Board of Adjustment
II. Originated by:
Rachel Roberts, City Planner
III. Summary:
BACKGROUND & OVERVIEW.
Applicant : Ron Sturgeon (property owner) and Randy Pool (manager of LKQ, the business operating at the site
in question)
Location : 1206 and 1208 E Kennedale Pkwy; see map following this report
Zoning district : Industrial
Adjacent/surrounding uses : surrounding uses are primarily industrial , including other salvage yards, Speed
Fab-Crete, and an auto body repair shop, as well as some vacant land
The property has been home to salvage operations since at least 1994, when a special exception was
granted to Ron Sturgeon to operate a salvage yard for ten years, with conditions (listed below) and subject to
annual reviews. It was renewed in 2004 for an additional ten years, also with conditions. To the knowledge of
city inspection staff, all conditions have been met by the applicant with the exception of landscaping. And with
the installation of landscaping through a grant program, the landscaping provided is sufficient, with the
operations now in compliance with the conditions applied to the granting of previous special exceptions.
Since the special exceptions were granted originally,operations of the salvage yard were assumed by LKQ, a
company that operates salvage yards across the country. The property is still owned by Mr. Sturgeon.
Conditions applied to special exception expiring in 2004 :
1.Limited to strictly to the storage of automobiles -- no stacking.
2.No egress from the property onto 287 from the location of storage of automobiles.
3.The minimum requirements of the current zoning/287 overlay be met.
4.A buffer zone in front of the fenced area in the front of the property -- landscaping material and/or
trees.
5.Adequate space at the front of the lot location for a desired tenant to be evaluated by staff.
6.The time frame to a 10 year time frame with a one year, or annual, review for compliance by staff with
recommendations for approval or disapproval. In the event staff gives the recommendation of non-
compliance, the applicant will be required to re-apply.
7.An adequate topping material is to be installed on the premises.
Conditions applied to special exception expiring in 2014 :
1.All outside storage must continue to be screened from public view.
2.All outside storage must be positioned and/or set back at least 50 feet from the right-of-way.
3.Outside storage cannot be stacked above the screening fence.
4.No advertising can be painted or attached to the screening fence.
5.All salvage and/or parts must continue to be stored on a hard surface.
6.The location must comply with all Business 287 Overlay District requirements, including landscaping,
when Business 287 is widened.
7.The covered storage area that extends into the 287 Overlay setback must be removed within three (3)
months.
8.All maintenance, repair, installation of parts, storage, repair, and parts must take place behind the
screening fence.
STANDARDS FOR GRANTING A SPECIAL EXCEPTION.
No application for a special exception shall be granted by the board of adjustment unless the board finds all of
the following required conditions are present. These six standards are listed in Section 17-422 of the
Kennedale city code and are addressed in the staff review section, below.
Section 17-422 also authorizes the board to add conditions as part of granting a special exception: "Prior to the
granting of any special exception, the board of adjustment may stipulate such conditions and restrictions upon
the establishment, location, construction, maintenance and operation of the special exception as deemed
necessary to protect the public health, safety and general welfare of the community and to secure compliance
with the standards and requirements specified above. In all cases in which special exceptions are granted, the
board of adjustment shall require such evidence and written guarantees as it may deem necessary as proof that
the conditions stipulated in connection therewith are being and will be complied with."
STAFF REVIEW AND RECOMMENDATION.
The property is zoned Industrial, and surrounding uses are generally industrial in nature. The Future Land
Use Plan envisions this area will continue to be industrial in use under the character district of "Light
Industrial." The comprehensive plan describes the character of the light industrial district as an area
designated for the growth and relocation of industrial uses that currently exist in Kennedale. This area could
house small, “incubator” type spaces for smaller business, as well as larger industrial complexes. The goal
should be a tidier version of Kennedale’s existing industrial area that will attract more high-value companies.
The city does not anticipate that the neighborhood will transition to a light industrial district in the immediate
future. The Future Land Use Plan is part of the comprehensive land use plan, a document that establishes a
long-term vision for the city, and it is expected that the city will need about 10-20 years to fully implement the
plan city-wide. With that in mind, a salvage yard that can meet the special exception standards for the area as
it is now could be compatible with the city's future plans on a short-term basis. The section below outlines the
staff's review of whether the requested use meets the standards for a special exception.
(1) Will the establishment, maintenance or operation of the use be materially detrimental to or endanger the
public health, safety, morals or general welfare?
Due to the nature of the materials and processes involved in operating a salvage yard, such uses can be
detrimental to the public health, safety, or general welfare, but salvage yards can be also be run in a way that
does not negatively effect public health, safety, or general welfare. Staff do not believe the yard run by LKQ is
posing a threat to general welfare or public health or safety. Most of the uses surrounding it are also industrial
in nature and do not have large numbers of employees who could be subject to any negative effects of the
salvage yard. Moreover, this particular business appears to be a well-run operation, and staff does not believe
public health, safety, or general welfare is in danger.
We have received no complaints about LKQ concerning noise, lighting, air quality, traffic, or other elements
of land use that may effect health, safety, or general welfare. In addition, staff has no observed any aspects of
the operations at the site that would raise concerns about the operator's ability to meet this standard.
Staff consider the requested use to meet this standard for a special exception.
(2) Will the uses, values and enjoyment of other property in the neighborhood for purposes already
permitted be in any foreseeable manner substantially impaired or diminished by the establishment,
maintenance or operation of the use for which a special exception is requested?
As noted above, most of the uses already permitted in the neighborhood are industrial in nature and would
not be substantially impaired or diminished by the continuation of LKQ's operation. Many commercial and
retail uses are permitted in the Industrial zoning district, but this neighborhood is unlikely to attract such uses
at this time, regardless of whether LKQ continues operations. Staff does expect to see a transition to more
commercial uses in the future as the comprehensive plan is implemented, but at this time, a salvage yard will
not substantially impair or diminish the use or enjoyment of property in the neighborhood for uses already
permitted.
Staff consider the requested use to meet this standard for a special exception.
(3) Will the establishment of the use significantly impede the normal and orderly development and
improvement of the surrounding property for uses permitted in the district?
At the present time, this salvage yard will not impede the normal and orderly development and
improvement of the surrounding property for other industrial uses already permitted in the district. Kennedale
Pkwy is one of the first priorities for implementing the Future Land Use Plan, and commercial uses may be
reluctant to open next to or near a salvage yard; however, city staff do not anticipate that this area will attract
many commercial uses over the next several years, even if this business were to cease operations. Therefore, a
short term renewal of the special exception should impede the normal and orderly development of
surrounding property.
Staff consider the requested use to meet this standard for a special exception.
(4) Have adequate utilities, access roads, drainage and other necessary site improvements been (or will be)
provided?
Adequate utilities, access roads, drainage, and other necessary site improvements have been provided.
Staff consider the requested use to meet this standard for a special exception.
(5) Have adequate measures been taken or will be taken to provide ingress or egress so designed as to
minimize traffic congestion in the public streets?
Staff consider the ingress and egress facilities already provided by the use to meet this standard for a special
exception.
(6) Does the use conform to all applicable area, yard, height, lot coverage, building size and exterior
requirements and parking space regulations of the district in which it is located?
The Industrial zoning district does not have a minimum requirement for lot area or building size and has no
masonry requirement. The existing structures do not exceed the maximum permitted lot coverage of 60% and
do not exceed the height limit of 45 feet. The property has existing structures, and no new buildings are
proposed as part of this special exception request. Any new buildings proposed for the site would be required
to meet yard requirements for the Industrial zoning district.
City staff have deemed the amount of parking provided for this use to be sufficient.
Staff consider the use to meet this standard for a special exception.
Staff recommendation.
Staff recommends granting a renewal of the special exception. However, a renewal for a period longer than
five (5) years could hinder the normal and orderly development of surrounding properties for non-industrial
uses already permitted in the district, and for the transition to uses envisioned in the comprehensive plan.
Staff therefore recommends granting a renewal of the special exception for a period of five (5) years, with no
renewal after that period has ended, and with the following conditions .
1. The operator of the salvage yard shall be required to maintain the landscaping from the front of the building
to the curb. If the business were to close for any reason, the property owner shall be required to maintain the
landscaping.
2. The operator will submit to the City a copy of its storm water permit from the Texas Commission on
Environmental Quality and its storm water plan.
3. Effective March 31, 2019, the operator or the property owner shall begin cleanup of the property in a
reasonable manner that will provide for the complete removal of all automobile parts, recycling products, scrap
metal, junk, trash, debris, and other waste material, and any storage materials used for storing parts or
equipment outdoors, by September 30, 2019. The property shall be left in a neat and presentable condition
and not in violation of any City ordinances.
BOARD ACTION ON CASE 14-02.
The board can approve the request, deny the request, or approve it with conditions.
You may also postpone/continue the case until a later date, but you must specify when the case will be
continued.
If you approve or deny the request, your motion should state why you are doing so (i.e., it meets all standards
for a special exception, it doesn’t mean the standard concerning …).
Sample motions are provided below for your reference; please note that you are not required to use one of the
sample motions.
APPROVE
I find that the use meets the standards and requirements for a special exception and make a motion to grant
the request .
APPROVE WITH CONDITIONS
I find that the use will meet the standards for a special exception with the addition of conditions to secure
compliance with the standards and requirements of Section 17-422 of the city code and make a motion to
approve the request for a special exception for a period of , with the following conditions...
DENY
I find that the use does not meet the standards and requirements for receiving a special exception and make a
motion to deny the request for a special exception.
IV. Recommendation:
Approve
V. Alternative Actions:
VI. Attachments:
1.BOA 14-02 application BOA 14-02 application.pdf
2.Map showing location of request, BOA 14-02 BOA 14-02.pdf
3.BOA 14-02 aerial view BOA 14-02 aerial view.pdf
4.BOA 14-02 site photos BOA 14-02 site photos.pdf
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