2009_01.06 BOA PacketNOTICE OF MEETING
KENNEDALE BOARD OF ADJUSTMENT
KENNEDALE, TEXAS
Notice is hereby given that a ❑ Workshop, ® Public Hearing,. ❑
Special Meeting, and /or ® Regular Meeting will be held by the Board of
Adjustment of the City of Kennedale, Texas at 7:00 p.m., on the 6'" day of
January 2009, 405 Municipal Drive, (Kennedale Municipal Building) Kennedale,
Texas at which time the following subjects will be discussed to wit:
AGENDA
(SEE ATTACHED AGENDA)
Dated this the 31 st day of December 2008.
By: Rick Adams, Chairman
I, the undersigned authority, do hereby certify that the above Notice of
Meeting for the Board of Adjustment of the City of Kennedale, Texas is a true
and correct copy of said Notice and that I posted a true and correct copy of said
Notice on the bulletin board of City Hall of said City in Kennedale, Texas, a place
convenient and readily accessible to the general public at all times, and said
Notice was posted on December 31, 2008, at 12:00 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 this 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 31 st day of December 2008.
By:
C�ryS-tadk Tort
Board of Adjustment Secretary
AGENDA
BOARD OF ADJUSTMENT
REGULAR MEETING - JANUARY 6, 2009
KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR.
COUNCIL CHAMBERS
7:00 PM
CALL TO ORDER
ROLL CALL
I. VISITORS /CITIZENS FORUM
At this time, any person with business before the Board of Adjustment not scheduled on the
Agenda may speak, provided that a "Speaker's Request Form" has been completed and
submitted to the Board of Adjustment Secretary prior to the start of the meeting. All,
comments must be directed towards the Chair, rather than individual BOA 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.
II. CONSIDER BOA CASE # 08 -07
A request for a Special Exception to the City Code Section 17 -421, to allow a tires
sales, repair, and installation business to be located at 1125 W Kennedale Parkway in a
C -1 Zoning District as required by this section. Legal description is Block 4, Lot 8, of
the Oak Crest Addition in the City of Kennedale, Tarrant County, Texas as requested by
Gustavo Castro.
a) STAFF PRESENTATION OF CASE
b) APPLICANT PRESENTATION OF CASE
c) PUBLIC HEARING ON BOA CASE #08 -07
d) APPLICANT RESPONSE
e) STAFF RESPONSE AND SUMMARY OF CASE
0 ACTION ON CASE
III. REGULAR ITEMS
a) Approval of Minutes dated December 9, 2008.
IV. STAFF REPORTS
a) City's Water System
V. ADJOURNMENT
Staff Report
To the Members of the Board of Adjustment
Date: December 31, 2008
Agenda Item No: II
Subject: BOA Case # 08 -07 -- Special Exception to allow a Tire Sales, Repair and
Installation Business
Originated by: Crystal Tort, Board of Adjustment Secretary
Summary:
Mr. Gustavo Castro is seeking a Special Exception to allow a Tire Sales, Repair, &
Installation Business at 1125 W. Kennedale Parkway with the legal description being Block
4, Lot 8 of the Oak Crest Addition. According to Section 17 -421 Schedule of Uses, a tire
sales, repair, and installation shop is permitted in a C -1 Restricted Commercial District with
a Special Exception.
The lot is currently not in use, but has a vacant metal building. The building was previously
used as a mechanic shop. Please see attached, photos of the building.
James E. Cowey, Building Official and Jay Hinkle, Fire Marshal are scheduled to meet with
Mr. Castro on Monday, January 5t" to discuss a detailed use of the building along with
Building and Fire Regulations for this type of Business.
At the Meeting, the Applicant and Staff will be able to give a more detailed overview of the
proposed Business.
CITY OF KENNEDALE
BOARD OF ADJUSTMENT
APPLICATION FOR SPECIAL EXCEPTION
Name (; U, W Ta "/ C) CA 0
Work Phone g(7 f _ Z (g Home i& I Z ZC_( 3 (It 9
Mailing Address
Owner:
Name _ S (, W L
Work Phone Home
Mailing Address
Property Location
(Number and Sfreet)
Legal Description f3t_tcck t_o-r 1 Lt_s5 i20W 6 C —L-+ QA(G�cR -EST ADD tT(n !N
(Lot, Block & Subdivision)
Note: Attach metes and bounds description if property is not platted.
Zoning District % Describe Special Exception requested: "Ti 2 E -S la l G}s )o d I7z,
". ,!- KA -ka' i e vL
Has a previous application or appeal been filed on this property? Yes No
Date: /A —/0 — e:;&
Identify any requirements of Section 17 -422, Kennedale City Code that cannot be met. Give reason (s) why the requirement (s)
cannot be met. Use back of this form if additional space is needed.
I declare/that the above is true and correct.
�u��� 12--10-0
Signature of Applicant Date
FOR STAFF USE ONLY
Indicate any potential injurious affect on the public health, safety, or welfare.
Indicate if the uses, values or enjoyment of other property in the neighborhood would be impaired or diminished by
the proposed use
Will the proposed use: impede normal and orderly development? include adequate utilities, access roads, drainag
and other necessary site improvements? provide ingress or egress so as to minimize traffic congestion-in publ
streets? conform to all applicable area, yard, height, lot coverage, building size and exterior requirements and parkin
space regulations of the district in which it is located?
Comments
Recommendation Approval Disapproval If disapproval give reason:
APPLICATION FOR SPECIAL EXCEPTION
If you are seeking a special exception to the zoning ordinance we need the
following information to process the application: The permitted exceptions for
seeking a Special Exception are uses not allowed in the district for which you
are seeking the following;
• Masonry requirements.
• Signage.
• Landscaping.
1. Is this a use not, allow in the district you are seeking?
Yes qKN o
2. Is this a remodel of an existing structure?
Yes o o
3. Is this new construction?
Yes r N
4. Please explain the reason and circumstances for the Special
Exception requested.
/5 ZeWS Z
A y 6--e-,Or1, -5 &-1z�// ( 5 �'
Ee4
Date: -4-�f
Phone # 1- Z/ �-`-(
CITY OF KENNEDALE
BOARD OF ADJUSTMENT
OWNER AFFIDAVIT
Case #BOA
Property Address: 11z 5 (,cJ
Legal Description: L67` LC%Ss /ZC�W 6C fc �F
a A (� C2 e9 (����
Applicant: 6o 4t S7 14 v u Cel-s 7`M d
Type of BOA request: c.- 6�7 7( (/."1)
S � tj G,q2 �-sLa , current owner of above mentioned property, authorize
the applicant or his authorized representative to make application for the Kennedale
Board of Adjustment to consider granting the above reference request on my behalf and
to appear before the Board.
Owner Signature:
Date: / Z —"/ d — Z-? a
SWORN TO and Subscribed before me by Z;ust-;q yy C' -467`r- O
ON THIS / `� DAY OF 20
GUILLERMO P. IBANEZ If Notary Public, Tarrant County, Texas
MY COMMISSION EXPIRES
June 13,2010
§ 17 -421 KENNEDALE CITY CODE
Supp. No. 13 1066
AG
R -1
R -2
R -3
OT
D
MF
MH
C -0
C -1
C -2
I I
PARKING
Recreational vehicle sales
X
X
Recreational vehicle stor-
age
X
X
1/400 G.F.A.
Rental store
X
X
X
1/400 G.F.A.
Restaurant or cafe (Inside)
X
X
X
X
1/3 Seats
Restaurant (drive -in)
X
X
X
X
1/100 G.F.A.
Restaurant (kiosk)
X
X
X
X
1 /100 G.F.A.
Secondhand store
X
X
X
X
1/200 G.F.A.
Service station
S
X
X
4 Minimum
Sexually oriented business
X
X
11100 G.F.A.
Shoe or boot store
X
X I
X
1/200 G.F.A.
Sigri shop
X
X
X
1/400 G.F.A.
Skating rink
X
X
X
1/400 G.F.A.
Snow cone stand
S
X
X
2 Minimum
Sporting goods store
X
X
X
1/200 G.F.A.
Tack store
X
X
X
1/400 G.F.A.
Tailor or seamstress shop
X
X
1/300 G.F.A.
Tanning salon
S
X
X
X
1/200 G.F.A.
Tattoo shop
S
X
1/200 G.F.A.
Taxidermist
S
X
1/400 G.F.A.
Tire sales, repair, & in-
stallation
S
X
X
1/400 G.F.A:
Title & abstract office
X
X
1/200 G.F.A.
Tool & equipment rental
X
X
1/400 G.F.A.
Trailer sales & rental
X
X
1/1000 Site area
Travel agency
X
X
1/300 G.F.A.
Truck rental
X
X
1/400 G.F.A.
Truck repair
X
X
1/400 G.F.A.
Truck sales
X
I X
1/1000 Site area
Truck wash
X
X
2/Wash bay
Upholstery shop
X
X
X
1/400 G.F.A.
Vehicle storage facility
S
Specified by
Special Exception
Vehicular racing facility
S
S
Specified by
Special Exception
Veterinary clinic
X
X
X
1/300 G.F.A.
Veterinary hospital
S
S
1/300 G.F.A.
Video store
CUP
X
X
X
1/200 G.F.A.
Washateria (self - service)
X
X
X
X
X
1/Wash machine
Industrial
Airport
S
S
Specified by
Special Exception
Ammonia manufacturing
S
See subsection
17- 416(e)
Amusement complex
X
1 per 4 occupant
load
Supp. No. 13 1066
m
CA
R
LEGAL NOTICE
Notice of Public Hearing
The . Kennedale Board of
Adjustments will hold ,a
Public Hearing on Tuesday,
January 6, 2009 at 7:00
PM at the Kennedale City
Hall; 405 Municipal Drive,
Kennedale, Texas, 76060 for
the following case:
BOA 08 -07 to receive
citizen's comments for a
Special Exception to the
City Code Section 17 -421, to'
allow a tires sales, repair, and
installation business to i be
located at 1125 W Kennedale
Parkway in a C -1 Zoning
District, as required by this
section. Legal description
is 'Block 4, Lot .8,, of the
\Oak Crest Addition in the
City : of _ Kennedale, Tarrant
County, Texas as requested
by Gustavo Castro.
All interested persons are
encouraged to attend the
Public Hearing or may
furnish written comments
prior to the meeting to the
City, of Kennedale, 405
Municipal Drive, Kennedale,
TX, 76060. Any other
information may be, acquired'
by calling (817) 985 - 2135.
�3
200 FOOT LETTER RECIPIENT LIST
BOA 08 -07 1125 W. Kennedale Parkway Gustavo Castro
Gustavo and Ivonne Castro
11 Par Court Devine Development Corp
Mansfield , TX 76063 PO Box 677
Joshua, TX 76058
Robert C Moren
1303 Woodvine Drive
Euless, TX 76040
Harry Freeman
1350 Stoney Creek Drive
Cedar Hill, TX 75104
Mary Corwson Fox
5409 High Ridge Road
Fort Worth, TX 76140
Reliable Consultants Inc
11218 N Lamar Blvd
Austin , TX 78753
14
Michael W Hamilton
7910 Fox Chase Drive
Arlington, TX 76001
JV Leggett Inc
6816 Camp Bowie W Ste D
Fort Worth, TX 76116
Jerry Coyel
5500 Kennedale Parkway
Fort Worth, TX 76140
Staff Report
To the Members of the Board of Adjustment
Date: December 31, 2008
Agenda Item No: III -a
Subject: Minutes
Originated by: Crystal Tort, Board of Adjustment Secretary
Summary: Attached are the minutes for the Regular Meeting dated December 9, 2008.
Recommendation: Staff recommends approval
Disposition by Commission:
15
167
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - DECEMBER 9, 2008
KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR.
COUNCIL CHAMBERS
7:00 PM
Chairman Adams called the meeting to order at 7:01 PM.
Members present: Rick Adams, Brian Cassady, Patrick Vader, Richard West, Donnie Graham,
Jeremy Redding, and Linda Elam.
Members absent: Cheryl Abbott, Mike Walker, and Donnie Graham
Staff Present: James E. Cowey, Building Official, Mike McMurray, Fire Chief, Glenn Greenwood,
Code Enforcement Officer, and Crystal Tort, Board of Adjustment Secretary.
Mr. West was moved to a regular voting member for the purpose of this meeting.
Ms. Tort performed the swearing in of the citizens that would like to address the Board.
I. VISITORS /CITIZENS FORUM
No one wished to speak.
II. CONSIDER BOA CASE # 08 -06
A request for a Special Exception to the City Code Section 17 -426 (c), to allow gas well
drilling and production to be located at 212 Village Street as required by this section.
Legal description is Abstract 1450 Tract 1 of the M.F. Scott Survey in the City of
Kennedale, Tarrant County, Texas as requested by XTO Energy Incorporation.
(a) STAFF PRESENTATION OF CASE
James E. Cowey explained to the Board that XTO Energy has filed for a special exception to drill
six (6) gas wells from one pad site located at 212 Village Street. Mr. Cowey explained that XTO
hasImet all requirements of the City Code including the wells being more than six hundred (600)
feet away from any existing residential dwelling. Mr. Cowey presented the zoning map to the Board
and pointed out the location of the gas well site and explained the Truck Route. Mr. Cowey notified
the Board that XTO Staff and the City Staff have been working out an agreement to rebuild a new
and better Ballpark Parking lot. Also, XTO is working with the City to coordinate truck traffic with
the Kennedale Youth Association to reduce heavy truck traffic while the Ballpark is in use.
(b) APPLICANT PRESENTATION OF CASE
Mr. Walter Dueease, 810 Houston Street, Fort Worth, TX, representative of XTO Energy
Corporation, explained his request for approval of the special exception to drill six gas wells on one
pad site. Mr. Dueease presented the Land Use Plat to the Board and briefly explained the location
and the 600 foot radius. Mr. Dueease also explained that the fire hydrant that would be used for
this site would be the hydrant that is due West of the site. Mr. Dueease then discussed the Truck
14
it-WE
Route that would start from Dick Price Road to Averett to Village Street and then through the
Ballpark parking lot and end onto the Love Property. Mr. Dueease also explained that XTO will
modify their Frac and truck schedules in order to accommodate the Ballpark schedules. Mr.
Dueease notified the Board that he would arrange for Carter Burgess to conduct drainage studies
of the area in order for the production not to impact the current water flow and also direct the flow
of water to the east towards Village Creek. Lastly, Mr. Dueease discussed noise suppression and
explained that XTO will contract with Liberty Services to test noise levels to tailor sound blankets.
(c) PUBLIC HEARING ON BOA CASE #08 -06
Wayne Winters, 215 S. Village Street, Kennedale, TX addressed the Board in favor of the Special
Exception but would like to address a few concerns. Mr. Winters began by saying that he lives
directly adjacent to the original proposed entry to the site and did not receive notice from the City
regarding the gas drilling. He than read a letter submitted by Mr. and Mrs. Charles N. Easton, P.E..
Mr. Winters notified the Board that he and his neighbors have maintained the private road of
Village Street. Mr. Winters also made the Board aware that Mr. Dueease and Mr. Cowey have met
with him and addressed many of his concerns. Mr. Winters then handed out to the Board a list of
suggested stipulations to the Special Exception. Mr. Winters, explained to the Board that he should
have been notified of the special exception and requested the Board to possibly change the
ordinance in order for notification to owners associated by access and production be notified. Mr.
Winters also explained that the application did not provide a metes and bounds description for the
site. He also identified a few more issues that need attention, which included minimizing storm
water to drain to the Creek, require landscape screening of the entry area, and require a dust free
surface, including maintenance of an erected silt fence,. Mr. Winters also requested a chain link
fence be used for the site in order to see kids if they go into the fields. Mr. Winters lastly expressed
the need for security for this site, since it is near the park.
Alan Phillips, 111 Village Street, Kennedale, TX addressed the Board in favor of the Special
Exception. Mr. Phillips explained that he lives adjacent to the ballfields and did not receive notice
either. Mr. Phillips explained that his main concern is the navigation of the S Turn, but realizes that
this problem seems to be addressed by XTO. Mr. Phillips also expressed his concern about dust
and the need for a dust free road. Mr. Phillips also requested a sound buffer be placed on this site.
Another concern is the access road to the Love property will add an additional volume of run -off.
Mr. Phillips also explained his concern for the children playing at the ballpark during truck traffic.
He also explained that when all ballfields are in use the parking space is limited and is concerned
in reducing the size of the parking lot. Lastly Mr. Phillips explained his concern that trucks will tear
up Village Street and would like XTO to repave the road.
(d) APPLICANT RESPONSE
Mr. Dueease explained that he overlooked submitting a metes and bounds description and can
provide if needed. Mr. Dueease also notified the Board that the Truck Route was changed after
submittal of the application and he could have an updated route submitted. He also, explained that
he will get an engineer field study regarding storm water for this site. Mr. Dueease also expressed
that XTO could not agree to limit drilling activity to the mineral leases associated with the D. Love
site. Mr. Dueease explained that XTO can put a silt fence if desired. XTO will also maintain the
natural vegetation and buffer, and would keep the entry gate maintained. Mr. Adams asked if a
compression station would be on site. Mr. Dueease said that XTO uses the station in Rendon. Mrs.
Elam expressed her concern that XTO will work jointly with the KYA to schedule drilling around the
KYA schedule and organize the repaving of the parking lot.
(e) STAFF RESPONSE AND SUMMARY OF CASE
107
169
James E. Cowey explained that truck routes are not taken into consideration when notifying
property owners. The special exception requires the property owners to be notified within 200 feet
of the property where the operation is taken place. Mr.Cowey briefly went through the stipulations
made by Mr. Walters. Mr. Cowey then listed the stipulations that he saw were priority, (1) Truck
Safety, regarding truck hours and traffic agreement with KYA. (2) Re- Surface Parking Lot in
Ballpark (3) Drainage Run -off to the Creek. (4) Dust Control (5) Sound Blankets (6) Landscaping
addressed as needed.
(f) ACTION ON CASE
Mr. Vader made a motion to table Case # 08 -06 until the following issues are addressed: (1) No
compressor station on this location, (2) Specifications on how the parking lot will be increased and
striped (3) Engineered report accepted by the City on the water flow (4) response that the
Kennedale Youth Association has met with XTO (5) Fence specifications are outlined (6)
Clarification on the Access turn on Village Street on through the Parking lot. The motion was
seconded by Mrs. Elam.
Motion passed without opposition.
III. REGULAR ITEMS
1) Approval of Minutes dated September 2, 2008.
Mr. Vader made a motion to approve the September 2nd minutes as presented, seconded by Mr.
Cassady.
Motion passes without opposition.
IV. STAFF REPORTS
(a) Staff Update on City Projects
James E. Cowey updated the Board on Reconstruction of Pennsylvania. He explained that the
majority of the concrete has been laid and the next step is driveways to be tied onto the road and
then sidewalks. Mr. Cowey said the projected completion date will be February.
V. ADJOURNMENT
Mr. Cassady made a motion to adjourn the meeting, seconded by Mr. Vader.
Motion passed unanimously.
Chairman Adams adjourned the meeting at 8:57 PM.
ATTEST:
Chairman, Rick Adams
Board of Adjustment
Crystal M. Tort
Board of Adjustment Secretary
11
170
AGENDA
i BOARD OF ADJUSTMENT
REGULAR MEETING — JANUARY 6, 2009
KENNEDALE MUNICIPAL BUILDING — 405 MUNICIPAL DR.
COUNCIL CHAMBERS
7:00 PM
CALL TO ORDER
XluWWW-111113/
ROLL CALL
BRIAN CASSADY— �CASS� 03@ �ahoo.um
RICK ADAMS �D�2AI1
PATRICK VADER LINDA ELAM
CHERYL ABBOTT RLC
..1E8EMY D 1 N G
I. VISITORS /CITIZENS FORUM
At this time, any person with business before the Board of Adjustment not scheduled on the
Agenda may speak, provided that a "Speaker's Request Form" has been completed and submitted
to the Board of Adjustment Secretary prior to the start of the meeting. All comments must be
directed towards the Chair, rather than individual BOA 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
ICIO ors, sad tko
II. CONSIDER BOA CASE # 08 -07
A request for a Special Exception to the City Code Section 17 -421, to allow a tires
sales, repair, and installation business to be located at 1125 W Kennedale Parkway in a
C -1 Zoning District as required by this section. Legal description is Block 4, Lot 8, of
the Oak Crest Addition in the City of Kennedale, Tarrant County, Texas as requested by
Gustavo Castro.
Isu
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a) STAFF PRESENTATION OF CASE
b) APPLICANT PRESENTATION OF CASE
GM1 Uo CO3WO - sure- rnewar gsod +fires
c) PUBLIC HEARING ON BOA CASE #08 -07
w i StiQ S tD
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d) APPLICANT RESPONSE
e) STAFF RESPONSE AND SUMMARY OF CASE
t�Grv�5, W% +l,[_ ofiPula-Hon `4wt a,(I okfro-Hon
C+71) V-A -A o i C 1-, ,,V f VI Call 9 (Yl r 1 7..4
fl ACTION ON CASE
CaWki Allow
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III. REGULAR ITEMS
a) Approval of Minutes dated December 9, 2008.
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IV. STAFF REPORTS
a) City's Water System
" 1 i n,c- oh Sw i 11; &tt , i S a, d earl pAd I ii rUe / fe4 01'eed to
_dall uAk( ivy can produce I. -2SMlj
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w9 ,save bu kuShi na � w - i'a6 �Dohd. � o 4U Vey►i eS will rtlw) roA -or' .
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VI. ADJOURNMENT
kin C4 v o r Y)' 17 otyl
BOA CASE # 08 -07
SPECIAL EXCEPTION TO ALLOW A TIRE SALES, REPAIR BUSINESS
CITY OF KENNEDALE
PUBLIC HEARING
SIGN - INFORM
SUBJECT: BOA 08 -07 to receive citizen's comments for a Special Exception to the City
Code Section 17 -421, to allow a tires sales, repair, and installation business to be located
at 1125 W Kennedale Parkway in a C -1 Zoning District as required by this section. Legal
description is Block 4, Lot 8, of the Oak Crest Addition in the City of Kennedale, Tarrant
County, Texas as requested by Gustavo Castro.
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 AOR ❑ AGAINST THE SPECIAL EXCEPTIOIN
4. IN REGISTERING, I REPRESENT: ❑ MYSELF ❑ THE FOLLOWING PERSONS, FIRMS,
CORPORATIONS, CLASSES OR GROUPS:
5. THEIR BUSINESS ADDRESS IS:
DATE: January 6, 2009
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