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2008_03.04 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 4th day of March 2008, 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 29th day of February 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 March 4, 2008, at 9:00 o'clock A.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) 478 -5418 five (5) work days prior to the meeting so that appropriate arrangements can be made.. Dated this the 29th day of February 2008. By: &to VO4 Cryst I M. Tort Board of Adjustment Secretary AGENDA BOARD OF ADJUSTMENT REGULAR MEETING - MARCH 4, 2008 KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR. COUNCIL CHAMBERS 7:00 PM CALL TO ORDER ROLL CALL A. 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. B. CONSIDER BOA CASE # 08 -01 An appeal to the City's Administrations decision to revoke the Certificate of Occupancy of T.F. Relocators, Inc. located at 6901 Mansfield Cardinal Rd based upon the determination that T.F. Relocators operates the property as a "motor freight terminal" and storage facility for company vehicles. The legal description of the property is Block Lot 4 of the Jesse Russell Survey per Plat B 1247 in the City of Kennedale, Tarrant County, Texas. 1) STAFF PRESENTATION OF CASE 2) PUBLIC COMMENTS 3) APPLICANT PRESENTATION OF CASE 4) STAFF RESPONSE AND SUMMARY OF CASE 5) ACTION ON CASE C. REGULAR ITEMS 1) Approval of Minutes dated July 10, 2007. 2) Discuss Board Appreciation Dinner 3) Results of the Citizen's Opinion Survey and Implementation Models 4) Discussion of roles, duties, expectations, and training for the Board of Adjustment Members D. ADJOURNMENT Staff Report To the Members of the Planning & Zoning Commission Date: February 29, 2008 Agenda Item No: B -1 Subject: Staff Presentation of BOA CASE# 08 -01 Originated by: Larry Hoover, Community Development Specialist Summary: Staff will present BOA CASE# 08 -01. An appeal to the City's Administrations decision to revoke the Certificate of Occupancy of T.F. Relocators, Inc. located at 6901 Mansfield Cardinal Rd based upon the determination that T.F. Relocators operates the property as a "motor freight terminal" and storage facility for company vehicles. Recommendation: Disposition by Commission: L 2 Prior Owners Legal Description: Russell, Jesse Blk Lot 4 Per Plat B 1247 Taxing Jurisdictions: 014 City of Kennedale 220 Tarrant County 224 Tarrant County Hospital Dist 225 Tarrant County College Dist 914 Kennedale ISD This information is intended for reference only and is subject to change. It may not accurately reflect the complete status of the account as actually carried in TAD's database. Market Value . Ajppy�a:!seq . V a I iu $0 $0 $0 Appro xemate Sete --, La n d A cres [_Land �§qFt — - — 86,�597 Appraised value may be less than market value due to state- mandated li ['0 itatiO 11S On value increases A zero Value indicates that the property record has not yet been completed for the indicated tax year Rounded Tax Yeaf XMPT A 2 0 07 ---- 2005 2006 � 000 ­ 666 --- 2604' 666 --- 2063 -- r 6 Exemptions: None Property Data Deed Date: 09/20/1996 Deed Vol: 012520 Deed Page: 0711 Year Built: 1995 TAD Map: 2090 348 MAPSCO: 108L Agent: None 5-Year Value History pp Impr� Appraised Total ` nAarket Land � Rflarket Impr � Market Tatal $69,8591 $99,679 $69,8 --- - I - $99, $99,6791 $29,829j $99 679 N 29,12 Protest Deadline: I Class: 102 State Code: F1 Commercial Garage Bays: 00 Central Air: Central Heat: Pool: N 3 4 W 0 S Feet E 0 100 2 � 0 400 600 800 1,000 9 200 FOOT LETTER RECIPIENT LIST BOA 08 -01 6901 MANSFIELD CARDINAL ROAD T.F. RELOCATORS, INC. Earl W Etux C L Etux & Carolyn Scholwinski 31956 E 237th Street 6920 Mansfield Cardinal Road Ridgeway, MO 64481 -9128 Kennedale, TX 76060 -7027 C L Etux & Carolyn Scholwinski 6920 Mansfield Cardinal Road Kennedale, TX 76060 -7027 Miguel Etux & Elvira Hurtado 6910 Mansfield Cardinal Road Kennedale, TX 7606 -7027 Thomas R Cogburn 1188 Pleasant Valley Road Mineral Wells, TX 76067 -1606 J Quentin & Beverly D Nichols 6280 Grauton Drive Mansfield , TX 76063 -5245 Rebecca J Holley 1228 Mansfield Cardinal Road Kennedale, TX 76060 -7002 Elvis Etux & Alicia Johnson 6911 Mansfield Cardinal Road Kennedale, TX 76060 -7007 Robert G Melican 1232 Mansfield Cardinal Road Kennedale, TX 7606 -7002 Judy Etvir & Alvis Thomason 6895 Mansfield Cardinal Road Kennedale, TX 76060 -7005 I September 19, 2007 T. F. Relocators Kirk Austin 6901 Mansfield Cardinal Rd Kennedale, Texas 76060 Dear Mr. Austin: The City. of Kennedale has received complaints about the truck traffic, noise, and other related issues concerning your business. As a result we reviewed the zoning ordinance and have determined that your use of the property is properly classified as a trucking freight terminal which is only permitted in an industrial zone. Thus your operation is not permitted and must cease on or before December 31, 2007. The City Staff had contact with you on these issues and inappropriately issued a conditional Certificate of Occupancy that expires on December 31, 2007. However, the City will not issue a Certificate of Occupancy to T. F. Relocators as it exists now, due to the conflict with the zoning ordinance. This letter is your notification that the Freight and Trucking use must terminate it's use of the property when your conditional C.O. expires on December 31, 2007. Should you have any questions regarding this decision, please do not hesitate to contact me at (817) 478 -5418 ext: 106. Sincerely, , Larry Hoover Community Development Specialist Cc: Bob Hart, City Manager Mark M. White, Community Development Director i James Cowey, Building Official File 440 North Ce ® Arlin Texas 76 ® 817 265 -0440 fax 817 265 -1440 J ONES CANNON joneseannon.cont ATTORNEYS 'A PROFESSIONAL CORPORATION - - L. Kelly Jones Board Certified - Commercial Real Estate Texas Board of Legal Specialization October 4, 2007 hjones6jowscan non. cotit CERTIFIED MAIL 7007 0710 0003.3368 0612 RETURN RECEIPT REQUESTED Mr. Larry I ioover, ,comb- iunity development specialist City of Kennedale 405 Municipal Drive Kennedale, Texas 760,60, re: 6901 Mansfield Cardinal Road, Kennedale, Texas (the "Property") Dear Mr. , Hoover; Please be advise d -that this firm serves as counsel to T.F. Relocators, Inc. ( "TFR ") concerning the above- referenced Property and the notice sent by you to TFR '(the "Notice ") terminating TFR's certificate of occupancy, effective December 31, 2007. Please be further advised that TFR desires to maintain a lawful environment, and denies any alleged zoning violation' that would support such denial Upon review of the Notice, it is evident that you have misplaced concerns about TFR's use and operation of the P operty, leading you to believe TFR is in violation of some municipal ordinance. Unfortunately, the origin of your concerns and the violations you allege are riot as clear. Along with several other businesses in the area, TFR makes lawful use of the public roadways as part - f its 'continuing business operations. Because TFR has only two shift changes throughout the day, it is unlikely that the noise associated with the resulting traffic is the cause of the City of Kennedale's current complaints. ' Further, such complaints_ do not support your contention that TFR is operating as a "motor freight terminal "=in violation of the "Zoning Ordinance of the City of - Kennedale, Texas" (the "Code ") In fact, after further review of applicable provisions of the Code, it is clear that your classification of the Property as a "motor freight terminal" is ` inappropriate. Such classification requires that freight is either brought to the Property by common carrier, or stored at the Property for intrastate or interstate commerce. In this matter, neither requirement is present. In fact, a r CERTIFIED MAIL 7007 0710 0003 3368 0612 - RETURN RECEIPT REQUESTED, Mr. Larry Hoover, community development specialist City of Kennedale October 4, 2007 page 2 TFR's business operation's utilize unloaded trucks intended solely for off -site pick -up and off -site delivery. TFR's trucks leave the Property each morning without freight, and return to the Property each evening without freight. The Property is ,simply used for the general administration of TFR's business affairs. Pursuant to section 17-431 of the Code, the Property's proper classification is "business office," which is an acceptable use under the Property's current C -2 zoning. As such we request.that you reconsider your denial of TFR's certificate of occupancy and retract the Notice. I look forward to hearing from you at your earliest convenience as to your suggestions as to how this matter should proceed. Ver rours L.. es LKJ / lb J999- TFRltr. cc. Kirk Austin, president T.F. Relocators, Inc. Mr. R. Scott Bauer (of the firm) 1 C� 6000 WESTERN PLACE, SurrE 200 1 -30 AT BRYANT -IRVIN ROAD FORT WORTH, TEXAS 76107 -4654 EMAIL: TOASE @TOASE.COM WEBSITE: WWW.TOASE.COM WAYNE K. OLSON EXT. 210 wolson(abtoasexom Ta�lor " ft lsoY r -a a lam I Attorneys Counselors November 5, 2007 Kelly Jones Jones & Cannon 440 North Center Arlington, Texas 76011 RE: T.F. Relocators, Inc. TELEPHONE: (817) 332 -2580 TOLL FREE: (800) 318 -3400 FAcsmaLE: (817) 332 -4740 DENTON: (940) 383-2674 DENTON METRO: (972) 434 -3834 Dear Kelly: I am writing on behalf of the City of Kennedale, in response to your letter to Larry Hoover dated October 4, 2007. In that letter, you disputed the City's determination that your client, T.F. Relocators, Inc. (TFR), is operating a motor freight terminal at 6901 Mansfield Cardinal Road. While I appreciate your client's stated desire to maintain a lawful environment at that address, I am unable to agree with you that TFR has done so. Under Kennedale's zoning ordinance, the City Manager or his designated representative is charged with interpreting and enforcing the terms of the ordinance. On investigation of TFR's use of the property, it was determined that TFR is operating a motor freight terminal as that term is defined in the ordinance. Because a motor freight terminal is a use that is permitted only in Industrial ( "I ") districts and the property is zoned General Commercial ( "C -2 "), TFR's operation at that location is prohibited. TFR was given notice of this determination. Under Section 17 -430 of the zoning ordinance, TFR's remedy if it was aggrieved by the City's determination was to file an appeal with the Board of Adjustment within the time specified in the ordinance. I should note that even if the City were to accept your characterization of TFR's use of the property as a business office combined with parking of large trucks, this is not a use that would be permitted in a C -2 district. Moreover, my understanding from speaking with City staff is that there has indeed been transportation and storage of freight at the property as a regular incident of TFR's business operations. In other words, TFR's operation has not been strictly as a business office. Under the circumstances, the City Manager and his representatives have a duty under the zoning ordinance to ensure that the use of C -2 property as a freight terminal is ceased. The City is willing to work with TFR toward developing a permitted and appropriate use of the property within the confines of the City's zoning regulations. This could potentially be done through TFR seeking to rezone the property to a different classification, although this is not the staffs recommendation and, of course, there is no W: \Kennedale \LETTERS \Jones.WKO- 001.wpd I November 5, 2007 Page 2 guarantee of success. Alternatively, if the property really will be used as a business office, with no associated use or parking of heavy trucks, this would be a permitted use in C -2 and upon showing compliance with these requirements TFR could seek a permanent certificate of occupancy on this basis. As to the temporary CO, the City has no plan to revoke or terminate it — rather, the City is amenable to allowing TFR to operate under the temporary CO until its expiration at the end of the year. This is subject, of course, to TFR's compliance with other City regulations applicable to use of the property. Please feel free to contact me if you have any questions, or if you would like to attempt once again to schedule a meeting with the City to discuss these issues. Very truly yours, Wayne K. Olson W KO /ke cc: Bob Hart City of Kennedale 405 Municipal Drive Kennedale, Texas 76060 Larry Hoover City of Kennedale 405 Municipal Drive Kennedale, Texas 76060 W: \Kennedale \LETTERS \Jones.WKO 001 .wpd . 13 �� &ID ` 440 North Center Arlington; Texas 76011 817 265 -0440 fax 817 265 -1440 JONES. & -CAN O1V jonescannon.com ATTORNEYS A PROPSSSIONAL CORPORATION L. Kelly Jones Board Certified - Commercial Real Estate Texas Board of Legal Specialization - October 4-, 2007 hjones@jon escanmon. coot CERTIFIED MAIL -7007 0710 0003 3368 0612 - RETURN RECEIPT REQUESTED Mr. Larry I-lo over, :comm,unity development specialist City of Kennedale 405 Municipal Drive - -r Kennedale, Texas 76060 re 6901 Mansfield Cardinal Road, Kennedale, Texas (the "Property") Dear Mr. Hoover; Please be advised -that this `firm serve's as counsel to T. F. Relocators, 'inc; ( "TFR ") concerning the above- referenced. Property and'the notice sent by you to TFR (the "Notice ") terminating'TFR's certificate; of occupancy, effective December � 1 2007. Please be further advised that TFR desires to maintain a lawful environment, and denies any alleged zoning violation that; would support such denial. Upon review of the Notice, it is evident that you have misplaced coincerns - about TFR's use and operation of the P operty, leading you to believe TFR is in violation of ,some municipal ordinance: Unfortunately, the origin of your concerns and the violations you allege are not as clear. Along with several' other businesses in the area, TFR makes lawful use of the public roadways as part of its continuing business. operation s. ; Because TFR has only two shift changes throughout the day, it is unlikely that the noise associated with the resulting traffic is'the cause of the City of Kennedale's current complaints. ` Further such complaints ,do not support your contention that TFR, is operating as a "motor freight. terminal "'in violation of the "Zoning Ordinance of the City of Kennedale, Texas" (the «Code" ): In fact, after further review of applicable provisions of the Code, it is clear that your classification of the Property as a "motor freight terminal" is inappropriate. Such classification requires that- freight is either brought to the Property by. common carrier, or stored at the Property for intrastate or: - interstate commerce. In this matter, neither requirement is present. In -fact, CERTIFIED MAIL. 7007 0710 0003 3368 061 -2 - RETURN RECEIPT REQUESTED. Mr. Larry Hoover, community development specialist City of Kennedale October 4, .2007 page 2 TFR's business operations utilize unloaded trucks intended solely for off -site pick -up and off, site delivery.. TFR'.s trucks leave the Property each morning without freight, and return to the Property each evening without freight. The Property is .simply used for the general administration of TFR's business affairs. Pursuant to section 17 -431 of the Code, the Property's proper classification'is "business office," which is an acceptable use under the Property's current C -2 zoning. As such, we request that you reconsider your denial of TFR's certificate of - occupancy and retract the Notice. I look�forward to hearing from you at your earliest convenience as to your suggestions as to how this matter should proceed. Very ruly ours, L Kelly . ones LKJ / lb . J999- TFRitr. cc: Kirk Austin, president T.Y. Relocators, Inc. Mr, R: Scott Bauer (of the firm) i P l r I c oD 440 North Center •Arlington, Tex as 76011 817 265 -0440 fax 817 265 -1440 rN J ONES & CAN NON - jonescannon.com ATTORNEYS A PROFESSIONAL CORPORATION j November 19 2007 VIA HAND DELIVERY and CERTIFIED MAIL 7007 0220 0000 4294 4823 RETURN RECEIPT REQUESTED Kathy Turner, city secretary, City of Kennedale 405 Municipal. Drive Kennedale, Texas 76060 VIA HAND DELIVERY and CERTIFIED MAIL 7007 0220 0000 4294 4830 -RETURN RECEIPT REQUESTED Zoning Board of Adjustment City of Kennedale 405 Municipal Drive Kennedale; Texas 76060 re:: NOTICE OF APPEAL Dear Ms. Turner and Board Members: This firm serves as counsel to T.F. Relocators, Inc. ( "TFR") concerning certain real property located at'6901 Mansfield Cardinal Road, Kennedale, Texas (the "Property "), and the notice sent to TFR (the "Notice ") terminating TFR's certificate'of occupancy; effective December 31, 2007. TFR desires to maintain a lawful, environment, denies any, alleged zoning'violation that would support the denial of TFR's certificate of occupancy, and respectfully requests that this letter serve as TFR's notice of appeal to the Zoning Board of Adjustment (the "Board ") pursuant to Section 17 -430 of the "Zoning Ordinance of the City of Kennedale, Texas" (the "Code"). As the Board may be aware, the City of Kennedale (the "City ") `has terminated TFR's certificate of occupancy based upon the City's determination that TFR operates the- Property as a "motor freight terminal" and storage facility 1 - e VIA DELIVERY and � CERTIFIED MAIL 7007 0220 0000 4294 4823 RETURN RECEIPT REQUESTED Kathy Turner, city secretary City of Kennedale VIA HAND DELIVERY and r CERTIFIED MAIL 7007 0220 0000 4294 4830 - RETURN RECEIPT REQUESTED Zoning Board of Adjustments City of Kennedale November 19, 2007 Page 2 for company vehicles. TFR vehemently denies both allegations and will conclusively prove to the Board that the City's erroneous determination is the result of an, obvious misunderstanding as, to the true nature of TFR's use and operation of the Property. To be classified as a "motor freight terminal," freight must be brought to. the subject property by common carrier, and subsequently, stored at the subject property for intrastate or interstate commerce. As the Board will find, no such activities occur at the Property. In fact, TFR's business operations utilize unloaded trucks intended solely for off= - site pick -up and off -site delivery. These trucks work on 12 hour shifts (6:00 a.m• and 6:00 p.m.), leaving the Property at the beginning of each shift without freight, and returning to the Property at the end of each shift without freight. Thus, since opening for business at this location in April of 2004, TFR has been in complete compliance with the Code, as neither freight nor company vehicles are stored at the Property. TFR uses the Property for the general administration: of its business affairs, and pursuant''to section 17 -431 of the Code, such use is properly classified as "business office," an acceptable use under'the Property's current C -2 zoning. Because TFR's use of the Property is in compliance with the Code, we request that the Board set this matter for hearing and reinstate TFR's certificate of occupancy. I look forward to hearing from you once a hearing has been set.' l Very' y'yours, V A L. Kell ones �V CITY OF KENNEDALE 405 MUNICIPAL DRIVE KENNEDALE, TX 76060 (817) 483 -1297 ADDRESS OF USE: 6901 Mansfield Cardinal Road To be used as a I= REkCHT - RELOCATORS , and has been inspected and found to : corrily v�rifih the; prowisi�no, of,the Zoning Ordinance and Building CodeA is pertaihirtg the�eta` '.l .d hereby approve and issue this Certificate of .0 SPECIAL COtDITiaN$ Property shall be scieen from, adjacent residential uses. DunQser attd Storage area shall be screened. Dust ConTrol shall be addressed as needed . Noise �tghts aria Truck Traffic shall be kept to a rn�ritmum with respect to adjacent resideritta�l proQerttes. This Certificate of Occupancy is vaird until December 31, 2007 Once a1i cond�fiobs: r® met a permanent Certificate of Occupancy inrtll�be issued. Tenanf a Name: Kirk Austin Address: 1301 CR .1021 Burleson, TX 76028 Phone Number: (817) 572 -9929 Buil i g Official �z— Fire Inspector 08/15/2007 Date Issued 08/15/2007 Date Issued 20 FOR OFFICE USE l � ONLY TENNANT & OWNER INFORMATIOM N 'C CD � C CD W fD v N I Q m Q N 3 . O CD r CL N O O C1, CD 0 n c KI m O N V O N 9 ap w C wit C �. O @ O W '� . : O +� O 3 O N 0 < N Q co N rn O h E o -n • � •. z m h M r ur � O m a; m -p cn S m I rz z O Y -u � � ltd r i 0 0 0 D r� m a 1 9, V m N Z R d -V 0 O' n 'a m ° tD � m N W S O k N JN NA zg x C" J �I h H v m "u o M so I~J v 1 I_ k W d 2 rL EE, 9 U) N _1 O co) d CD 6� 1 N ^l\ X V T) l u) a co z Q 3 �* m n N v 0 I` r ILI 0 m -n D m 0 0 00 Dz zm �m - o 'r D Z T CITY U ..E D, L 13. Will used goods be sold on the premises? 14. Will you be performing any of the following on the premise A 21 so, please circle )(, Manufacturing Routing Formulation /Mixing /Processing Vehicle Washin Welding 15. Will any liquid wastes or sludge be generated with are not dispose the sewer system? X 16. Will any forms of wastewater pre - treatment be utilized at this facility? If yes, describe. 17. Will combustible dust be generated? Woodworking Other 18. Are copies of MSDS Sheets Available? Hazardous Materials TYPE /NAME YES NO _ 1. Are you enlarging an existing tenant space by combing "Suites, or portions of suites? List lease spaces being combined 2. Will you store, use, dispose of, or min; flammable or combustible liquids for purposes other than; maintenance for operation of equipment? 4. If so, specify the type of product and projected quantities 3. Is there a spray booth or will one be installed? 4. Will you handle or use any hazardous or toxic chemicals such as, but not limited to, oxidizers, corrosive liquids, poisonous gases and radioactive materials? 5. Will the principal use of the building or tenant space be used for storage? X a. If yes, what materials will be stored? b. What percentage will be used for storage? c. How high will the materials be stacked? d. Will the materials be stored in racks? 6. Will the building be equipped with a fire sprinklef system or a standpipe system? 7. Will food or beverages be manufactured, packaged, stored distributed, sold or prepared in any manner other than vending machines? 8. Will Alcoholic beverages be sold for consumption on the premises? X 9. Will a swimming pool be located on the premises? x 10. Will a septic tank be used on the premises? X 11. Will any goods or merchandise be displayed outdoors? ' 12. Will any goods, merchandise, or raw materials be stored outdoors? 13. Will used goods be sold on the premises? 14. Will you be performing any of the following on the premise A 21 so, please circle )(, Manufacturing Routing Formulation /Mixing /Processing Vehicle Washin Welding 15. Will any liquid wastes or sludge be generated with are not dispose the sewer system? X 16. Will any forms of wastewater pre - treatment be utilized at this facility? If yes, describe. 17. Will combustible dust be generated? Woodworking Other 18. Are copies of MSDS Sheets Available? Hazardous Materials TYPE /NAME CLASS LOCATION 2 3. 4. 5. I hereby certify that I have completed this questionnaire and know the same to be true and correct. I�l7 ,� 3r Wt9 Printed Name signature narA CITY OF KENNEDALE CERTIFICATE OF OCCUPANCY QUESTIONNAIRE Hazardous Materiaals 1. 3. 4. 5. V I hereby certify that I have completed this questionnaire and. know the same to be true and correct. 2 .2 3,i6 YES NO _ 1. Are you enlarging an existing tenant space by combing. suites, or portions of suites? List lease spaces being combined 2. Will you store, use, dispose of, or mix flammable or combustible liquids for purposes other than; maintenance for operation of equipment? If so, specify the type of product and projected quantities 3. Is there a spray booth or will one be installed? 4. Will you handle or use any hazardous or toxic chemicals such as, but riot limited to, oxidizers, corrosive liquids, poisonous gases and radioactive materials? 5. Will the principal Use of'the building or tenant space be used for storage? X a. If yes, what materials will be stored?. b. What percentage will be used for storage? c. How high will the materials be stacked? d. Will the materials be stored in racks? 6. Will the building be equipped with a fire sprinkler system or a standpipe system? _ 7. Will food or beverages be manufactured, packaged, stored distributed, sold or n prepared in any manner other than vending mat;hines? 8. Will Alcoholic beverages be sold for consumption on the premises? y` Will a swimming pool be located on the premises? . 1 u. Will a septic tank be used on the premises? X 1. 11. Will any goods or merchandise be displayed outdoors? 12. Will any goods, merchandise, or raw materials be stored outdoors? 13. Will used goods be sold on the premises? 14. Will you be performing any of the following on the premise so, lease circle x Manufacturing Routing' Formulation /Mixing /Processing Vehicle Washin Welding 15. Will any liquid wastes or sludge be generated with are not dispose the sewer system? 16. Will any forms of wastewater pre-treatment be utilized at this facility? If yes, describe. 17. Will combustible dust be generated? �— 1$. Woodworking Other Are copies of MSDS Sheets Available? -- Hazardous Materiaals 1. 3. 4. 5. V I hereby certify that I have completed this questionnaire and. know the same to be true and correct. 2 .2 3,i6 No Certificate of Occupancy's will be issued until all of the information on the Industrial Waste Survey is filled out, per Code of Federal Regulations (section 403.8). This means that no electrical or water meters will be released until we receive this d'ocUMentation. If you have any questions, please call Chad Crafton, Supervisor of Water and Sewer Operations, at (817) 538 -7383. Thank you for your cooperation in this matter. CITY OF KENNEDALE INDUSTRIAL WASTE ASSESSMENT 4 ' : GENERAL INFORMATIO I. Company Name: - 1 . 2. Facility Contact: /l i r J C A t .CJi. 3. Physical Address: �11h t coo tt �L �LflC O 4. Mailing Address: 5. Phone Number: ' 4 6. When were operations begun at this location? 5-0 � 7. What is the average water usage for the entire facility (calculated from water utility bills for the last 12 months divided into gallons per day)? to 8. What products are produced or services rendered? F✓cTGj,}-," 9. Please describe the basic manufacturing or industrial processes: _mot O 1. Company Name: 2. Facility Contact: 3. Physical Address: 4. Mailing Address: I KI r 1541 9c / Jan 1� l rzi F 5. Phone Number: 6. When were operations begun at this location? 5' 0 7. What is the average water usage for the entire facility (calculated from water utility bills for the last 12 months divided into gallons per day)? 8. What products are produced or services rendered? Ev- : 5 Ica IA� 9. Please describe the basic manufacturing or industrial processes: Will you be connected to the public Sanitary sewer? Yes +- No SECTION D: WASTEWATER DISCHARGE INFORMATION 1. Does (or will) this facility discharge any wastewater other than domestic wastewater from the restrooms to the city's sewer? Yes ' * No (please skip to section E) 2.' Please indicate the types of wastes (other than sanitary) that your facility has the potential to discharge to the sewer. Attach MSD sheets if available. Cooling Water Boiler Blow Down Chemicals Oils and /or greases Pesticides Solvents Equipment cleaning Laundry wastes Rinse waters . Food Processing Photo /x -ray finishing wastes Medical Wastes Acidic or alkaline wastes Radioactive wastes PCB's Stripping compounds Equipment cooling Groundwater remediation wastes Other: 3. Are there any onsite wastewater treatment/pretreatment facilities? Yes No If yes, please describe: 25 1( 10. Does this facility hold any environmental permits? Yes No If yes, please list them below. AGENCY NUMBER SECTION B: WATER SUPPLY 1. Water Source: Private Well Municipal Water Utility What City? Surface Water other (specify) 2. Water service account number(s): SECTION C: SEWER INFORMATION 1 a. For an existing business Is the building presently connected to the public sanitary sewer system? Yes _ No 1 b. For a new business. Will you be occupying an existing building? Yes No If yes, will you be expanding it? Yes No Have you applied for a building. permit? Yes No 26 10. Does this facility hold any environmental permits? Yes No If yes, please list them below. AGENCY NUMBER SECTION S: WATER SUPPLY 1. Water Source: Private Well Municipal Water Utility What City? Surface Water other (specify) Na4km 2. Water service account number(s): SECTION C: SEWER INFORMATION 1 a. For an existing business: Is the building presently connected to the public sanitary sewer system? Yes No 1 b. For a new business: Will you be occupying an existing building? Yes No If yes, will you be expanding it? Yes No Have you applied for a building. permit? Yes No SECTION E: CERTIFICATION STATEMENT I am a representative of the industry.being surveyed. I have personally examined and am familiar with the information submitted in this document and attachments. Based upon my inquiry of those individuals responsible for obtaining the information reported herein, I believe that the submitted information is true, accurate and complete. n Name of Industry Representative Signature Date 21 Wednesday, August 15, 2007 To: Mark From: James & Lamy RE: 6901 Mansfield Cardinal Rd Mr. Kyle Austin & Mr. Kirk Austin have been operating a business at 6901 Mansfield Cardinal Rd known as Texas Freight Relocators since approximately April 2004. At this time they applied for a Certificate of Occupancy which was approved by Building Inspection and Fire Department but we can find no record of an actual Certificate Occupancy being typed up but they are aware of approval. They also have had a business licenses for this operation since that time. They have done substantial work on improvements of the property and the building during this time. The business consists of an office building for the operation of the business. They also have day to day, and night, use and storage of tractor trailer rigs in which they use to relocate different types of freight. Their main business currently is carrying water for the gas drilling operations in the area. At time some of their freight is on site for a short period. They some times store golf carts on their property until delivery can be made. They are in the process of buying the property and need an actual Certificate of Occupancy. They reapplied on March 16, 2007. We have had this on hold until we can make a determination of what we action we should take. The issues are as follows: 1. Previous staff allowed this operation and substantial investment has been made in the business and'property at this location. 2. We have received complaints from adjoining properties about the operation of this business, specifically dust, noise, truck traffic, drainage, etc. This property is zoned C -2 in area which in my opinion is really a residential neighborhood. 3. Section 22 -86, 22 -87, and 22 -88 which talks about truck routes does not allow truck traffic in this area. They need to close on the property, were in yesterday, and want an answer by this afternoon. f xc: File NN f � ,�' �/t �NI� ✓.e G�� Y'GI�C' jz% �e��c �f �- Csj (''C� 3 �r7 .S O�tC� 0 54vP- S c LD r Occupancy I Building Class Owner > <N d R. rt Cid ('1 G ❑ ❑ ❑ ❑ ❑ W x M Y C 0 ❑ ❑ ❑ ❑ W I . 1 011x c� d i 0 c f � C F O a � p ❑ ❑ G ❑ N Vi n 'd �i C , o kk ;P� ti ti o� 0 ►rl deg a�� v as ar4 a co C �d TENNANT INFORMATION co y � o 7V Cn � C s � C i p \- V N I H p � DS I CD C m b C ks rrJ �d O Fn C CD o ti � b W w C� C 6� O .. i \y CD CD � CD � z H � o a C' O CD 1 :A o NMI �d TENNANT INFORMATION co y � o 7V Cn � C s � C i p \- V N I H p � DS I CD C m b C ks rrJ �d O Fn C CD o ti � b W w C� C 6� O .. i \y d � � C\ t I H coi• a s a c � z cq � r n � G a s. .R� l k -N b Q ► O b p r CD CD � CD � z H � a C' O CD 1 :A d � � C\ t I H coi• a s a c � z cq � r n � G a s. .R� l k -N b Q ► O b p r City of Kennedale Certificate of Occupancy Questionnaire I. Are you enlarging an existing tenant space by combining suites, or portions of suites? Yes No List lease spaces being combined ❑ 2. Will you store, use, dispose of, or mix flammable or combustible liquids for purposes ` other than maintenance for operation of equipment? ❑ / If so, specify the type of product and projected quantities 3. Is there a spray booth or will one be installed? ❑ 4. Will you handle or use any hazardous or toxic chemicals such as, but not limited to, oxidizers, corrosive liquids, poisonous gases and radioactive materials? ❑ If so specify the type and projected quantities 5. Will the principal use of the building or tenan pace be used for storage? N/' ❑ a. If yes, what materials will be stored? l PV 40 b. What percentage will be used for stor c. How high will the materials be stacked? d. Will the.materials be stored in racks? 6. Will the building be equipped with a fire sprinkler system or a standpipe system? l-1 7. Will food or beverages be manufactured, packaged, stored distributed, sold or prepared in any manner ❑ other than vending machines? 8. Will Alcoholic beverages be sold for consumption on the premises? ❑ 9. Will a swimming pool be located on the premises? ❑ 10. Will a septic tank be used on the premises? 11. Will any goods or merchandise be displayed outdoors? ❑ V ❑ 12. Will any goods, merchandise or raw materials be stored outdoors? 13. Will used goods be sold on the premises? ❑ H/"� � ❑ 14. Will you be performing any of the following on the premises? If so, please circle those activities. ❑ Manufacturing Routing Formulation/Mixing/Processing Vehicle Washing Welding 15. Will any liquid wastes or sludge be generated which are not disposed of in the sewer system? ❑ 16. Will any forms of wastewater pre - treatment be utilized at this facility? If yes, briefly de escribe 17. Will combustible dust be generated? ❑ Woodworking Other 18. Are copies of MSDS Sheets Available? ❑ Hazardous Materials Type/Name Class Location 1. 2. 3 4 5 I hereby certify that I have completed this questionnaire and know he same to be true and correct. Printed Name: � IrIZ AW51f Signature: C/� / DaO / r2 / 0 City of Kennedale Certificate of Occupancy Questionnaire Yes No l %.re you enlarging an existing tenant space by combining suites, or portions of suites? ❑ List lease spaces being combined = 2. Will you store, use, dispose of, or mix flammable or combustible liquids for purposes other than maintenance for operation of equipment? [] If so, specify the type of product and projected quantities 3. Is there a spray booth or will one be installed? ❑ 4. Will you handle or use any hazardous or toxic chemicals such as, but not limited to, oxidizers, corrosive liquids, poisonous gases and radioactive materials? ❑ If so specify the type and projected quantities El 5. Will the principal use of the building or tenan pace be used for storage? a. If yes, what materials will be stored? 1 ry LtS b. What percentage will be used for stor c. How high will the materials be stacked? d. Will the.materials be stored in racks? ❑ 6. Will the building be equipped with a fire sprinkler system or a standpipe system? 7. Will food or beverages be manufactured, packaged, stored distributed, sold or prepared in any ❑ manner [' other than vending machines? El 8. Will Alcoholic beverages be sold for consumption on the premises? 9. Will a swimming pool be located on the premises? ❑ E 10. Will a septic tank be used on the premises? , ❑,/ 1 t Till any goods or merchandise be displayed outdoors? ❑ u 12. Will any goods, merchandise or raw materials be stored outdoors? ❑ H 13. Will used goods be sold on the premises? ❑ of the following on the remises? If so, please circle those activities. ��51� ❑ 14.� Will you be performing any g P p Manufacturing Routing Formulation/Mixing/Processing Vehicle Washing 11Velding ' P J 15. Will any liquid wastes or sludge be generated which are not disposed of in the sewer system? / ❑ LV 16. Will any forms of wastewater pre - treatment be utilized at this facility? If yes, briefly describe ❑ 17. Will combustible dust be generated? ❑ Woodworking Other 18. Are copies of MSDS Sheets Available? ❑ Hazardous Materials I hereby certify that I have completed this questionnaire and know he same to be true and correct. printed Name: � Ir t & 11; Signature: L/ Date / r ti / 3d C� y n r 0 Pd l?i n 0 3 O o � 0 r�i� I OU c O rn p r� � ro r CIS . co Od .0, �Ot) 0 U W 0 0 tD 00 .. ►� 1 o two 5%694 N a � C'� Q l?� l' 0 b ea a CIS . co Od .0, �Ot) 0 U W 0 0 tD 00 .. ►� 1 o two 5%694 N a � C'� ARTICLE VI. ZONING* Farmer's market means two (2) or more stands or stalls that are owned, leased, or rented for the display or vending of fruit, vegetables, and other garden or farm crop. Feed store means a commercial establishment which sells animal feed; feeding troughs; animal cages, pens, and gates; fencing materials; pesticides; seeds; and other gardening farming, and ranching supplies. The sale of baby chicks, rabbits, guinea pigs, and other similar small or domesticated animals may be permitted only with a specific use permit and in accordance with all ordinances. Fence means a masonry wall or a barrier composed of posts connected by boards, rails, panels or wire for the purpose of enclosing space or separating parcels of land. The term "fence" does not include retaining walls. Fine arts means music, painting, sculpture, and including drawing, etchings, ceramics, inlays, needlework, knitting, weaving, and craftwork involving leather, wood, metal and glass. Flea market means a collection of two (2) or more stalls, booths, tables or other similar arrangements, used by individual vendors, for the display and sale of various items of new or used personal property. Floodplain means the area outside of the floodway which may be inundated with flood water with an average frequency of occurrence in the order of once in one hundred (100) years, normally referred to as the intermediate regional flood by the U.S. Corps of Engineers. Floodway means the channel of a stream and those portions of the flood plain adjoining the channel that are required to carry and discharge flood waters. Floor area means the area of a building, including the walls thereof, but excluding all porches, open breezeways and garages. -- --� [Freight terminal motor means a property or building in which freight is brought by common carriers wring and is stored for interstate or intrastate shipment by motor truck, including the necessary warehouse space for storage of transitory freight. Freight terminal, railroad means a property or building in which freight is brought by common carriers during and is stored for interstate or intrastate shipment by rail, including the necessary warehouse space for storage of transitory freight. Game hall means a facility open to the public and used primarily for the playing of games of chance, skill, sport or amusement. Such games include but are not limited to the following: dominoes, cards bingo, billiards, darts, and amusement machines. Garage, auto repair means a building or portion of a building used for the general repair and /or painting of motor vehicles. Garage, parking means a building or portion of a building used for the parking and storage of motor vehicles, other than a private garage or a auto repair garage, in which any sale of gasoline, oil, and accessories is only incidental to the storage of the vehicles. Garage, private means an accessory building or portion of a main building on the same lot and intended to be used for the parking and storage of private passenger motor vehicles, boats, or other vehicles. Garage sale means occasional sales at retail by residential owners or occupants conducted in the garage, patio, driveway or yard of the residential premises occupied by the person holding the sale, for the purpose of disposing surplus personal property accumulated incidentally in the regular course of residential occupancy. Government office means any building or facility either owned or leased for use by local, state or federal governments and in which the affairs of the governmental body are carried on. Grade means when used as a reference point in measuring height of building the "grade" shall 32 § 22 -86 RENNEDALE CITY CODE DIVISION 2. TRUCK ROUTES Sec. 22 -86. Use by vehicles over tern thousand pounds gross weight. (a) No person shall operate upon any public street or highway within the corporate limits of the city any commercial motor vehicle, truck - tractor, road tractor trailer, semitrailer, pole trailer, mobile home, modular home, manufactured housing or any combination thereof over ten thousand (10,000) pounds gross,weight, except on such streets and highways as are designated as truck routes by this division unless granted a permit as provided herein. (b) It shall be an affirmative defense to subsection (a) if a commercial vehicle was traveling to or from a truck route over the shortest practical route or to or from a truck terminal, garage, place of repair, place of performing a service, or a place of loading or unloading within the city limits. A commercial vehicle shall be permitted to proceed from a truck terminal, garage, place of repair, place of performing a service or a place of loading or unloading when such place is not on a designated truck route provided the operator of such commercial vehicle proceeds to the designated truck route by the shortest practical route. The operator of any commercial vehicle shall carry evidence of the location of its last stop and of its immediate destination in order for this defense to apply. (c) Notwithstanding the language in subsections (a) and (b), above, a person commits an offense if the person operates a commercial motor vehicle, truck- tractor, road tractor. trailer, semitrailer, pole trailer, mobile home, modular home, manufactured housing or any combina- tion thereof over ten thousand (10,000) pounds gross weight, on or upon any portion of Dick Price Road which was within the city limits on March 12, 2003, without a permit from the city. (Ord. No. 88 -3, § I, 3- 10 -88; Ord. No. 116, § 4, 9- 17 -96; Ord. No. 249, § 1, 3- 13 -03) Sec. 22 -87. Routes designated; erection of signs; alternate routes. (a) The following streets and parts of streets are designated truck routes under this division: (1) East and West Mansfield Highway, east to the city limits and west to the city limits. (b) The following streets and parts of streets are designated as commercial delivery routes under this division: (1) Eden Road. (2) Mansfield Cardinal from Eden to Tower'Drive. (3) Little School Road from the north city limits south to Pennsylvania Avenue. (c) The designated city official shall erect appropriate signs and markings to designate the truck and commercial delivery routes described in this section. (d) Whenever any street designated as a truck and/or commercial delivery route is being repaired or is otherwise temporarily out of use, the chief of police is authorized to designate alternate truck and/or commercial delivery routes for such period as might be necessary. (Ord. No. 88 -3, § I, 3- 10 -88; Ord. No. 88 -7, § I, 6- 22 -88; Ord. No. 116, § 5, 9- 17 -96) TRAEFIC AND MOTOR VEHICLES § 22 -105 Sec. 22 -88. Use for intercity travel. (a) No person shall operate or cause to be operated any truck - tractor, trailer, semitrailer, pole trailer, mobile home, modular home, manufactured housing or any combination thereof through the city in intercity travel, without a local destination or point of origin, except upon such streets as are designated as truck routes by this article. (b) No person shall operate or cause to be operated any commercial motor vehicle through the city in intercity travel without a local destination or point of origin, except upon such streets as are designated as truck routes or commercial delivery routes by this article. (Ord. No. 88 -3, § I, 3- 10 -88) Sec. 22 -89. Use required; exceptions. (a) Except as otherwise provided herein, no person shall operate or cause to be operated upon any public street within the city any commercial motor vehicle, truck - tractor, trailer, semitrailer, pole trailer, mobile home, modular.home, manufactured housing or any combina- tion thereof except on such streets as are designated as truck routes by this division. Such vehicles shall be operated on a truck route wherever reasonably practicable. (b) The provisions of subsection (a) shall not apply to: (1) Vehicles traveling on a public street (except that portion of Dick Price Road which was within the city limits on March 12, 2003) to or from a truck terminal, garage, place of repair, place of performing a service, or a place of loading or unloading within the city limits, over the shortest practical route to .a point on a truck route. Any such vehicle shall be permitted to proceed from one such point not on a truck route to another such point without returning to a truck route if to so return would unreasonably increase the distance to be traveled between such points. The operator of any such vehicle shall carry evidence of the location of its last stop and of its immediate destination in order for this exception to apply. (2) Emergency vehicles operating in response to any emergency call. (3) Vehicles operated by a public utility while cruising in an assigned area for the purpose of inspecting the facilities of the public utility and/or providing maintenance service to the facilities. (4) Vehicles used for collecting trash and garbage, limited to vehicles owned by the state, federal government, any political subdivision of the state and those vehicles operated by the contractor for refuse collection within the city. (Ord. No. 88 -3, § I, 3- 10 -88; Ord. No. 116, § 6, 9- 17 -96; Ord. No. 249, § 2, 3- 13 -03) Secs. 22.90 -22 -105. Reserved. § 22 -86 IENNEDALE CITE' CODE DIVISION 2. TRUCK ROUTES Sec. 22 -86. Use by vehicles over ten thousand pounds gross weight. (a) No person shall operate upon any public street or highway within the corporate limits of the city any commercial motor vehicle, truck - tractor, road tractor trailer, semitrailer, pole trailer, mobile home, modular home, manufactured housing or any combination thereof over ten thousand (10,000) pounds gross , weight, except on such streets and highways as are designated as truck routes by this division unless granted a permit as provided herein. (b) It shall be an affirmative defense to subsection (a) if a commercial vehicle was traveling to or from a truck route over the shortest practical route or to or from a truck terminal, garage, place of repair, place of performing a service, or a place of loading or unloading within the city limits. A commercial vehicle shall be permitted to proceed from a truck terminal, garage, place of repair, place of performing a service or a place of loading or unloading when such place is not on a designated truck route provided the operator of such commercial vehicle proceeds to the designated truck route by the shortest practical route. The operator of any commercial vehicle shall carry evidence of the location of its last stop and of its immediate destination in order for this defense to apply. (e) Notwithstanding the language in subsections (a) and (b), above, a person commits an offense if the person operates a commercial motor vehicle, truck - tractor, road tractor. trailer, semitrailer, pole trailer, mobile home, modular home, manufactured housing or any combina- tion thereof over ten thousand (10,000) pounds gross weight, on or upon any portion of Dick Price Road which was within the city limits on March 12, 2003, without a permit from the city. (Ord. No. 88 -3, § I, 3- 10 -88; Ord. No. 116, § 4, 9- 17 -96; Ord. No. 249, § 1, 3- 13 -03) Sec. 22 -87. Routes designated; erection of signs; alternate routes. (a) The following streets and parts of streets are designated truck routes under this division: (1) East and West Mansfield Highway, east to the city limits and west to the city limits. (b) The following streets and parts of streets are designated as commercial delivery routes under this division: (1) Eden Road. (2) Mansfield Cardinal from Eden to Tower'Drive. (3) Little School Road from the north city limits south to Pennsylvania Avenue. (c) The designated city official shall erect appropriate signs and markings to designate the truck and commercial delivery routes described in this section. (d) Whenever any street designated as a truck and/or commercial delivery route is being repaired or is otherwise temporarily out of use, the chief of police is authorized to designate alternate truck and/or commercial delivery routes for such period as might be necessary. (Ord. No. 88 -3, § I, 3- 10 -88; Ord. No. 88 -7, § I, 6- 22 -88; Ord. No. 116, § b, 9- 17 -96) 5 TRAFFIC = MOTOR Sec. 22 -88. Use for intercity travel. (a) No person shall operate or cause to be operated any truck - tractor, trailer, semitrailer, pole trailer, mobile home, modular home, manufactured housing or any combination thereof through the city in intercity travel, without a local destination or point of origin, except upon such streets as are designated as truck routes by this article. (b) No person shall operate or cause to be operated any commercial motor vehicle through the city in intercity travel without a local destination or point of origin, except upon such streets as are designated as truck routes or commercial delivery routes by this article. (Ord. No. 88 -3, § I, 3- 10 -88) Sec. 22.89. Use required; exceptions. (a) Except as otherwise provided herein, no person shall operate or cause to be operated upon any public street within the city any commercial motor vehicle, truck- tractor, trailer, semitrailer, pole trailer, mobile home, modular.home, manufactured housing or any combina- tion thereof except on such streets as are designated as truck routes by this division. Such F , vehicles shall be operated on a truck route wherever reasonably practicable. (b) The provisions of subsection (a) shall not apply to: (1) Vehicles traveling on a public street (except that portion of Dick Price Road which was within the city limits on March 12, 2003) to or from a truck terminal, garage, place of repair, place of performing a service, or a place of loading or unloading within the city limits, over the shortest practical route to a point on a truck route. Any such vehicle shall be permitted to proceed from one such point not on a truck route to another such point without returning to a truck route if to so return would unreasonably increase the distance to be traveled between such points. The operator of any such vehicle shall carry evidence of the location of its last stop and of its immediate destination in order for this exception to apply. (2) Emergency vehicles operating in response to any emergency call. (3) Vehicles operated by a public utility while cruising in an assigned area for the purpose of inspecting the facilities of the public utility and/or providing maintenance service to the facilities. (4) Vehicles used for collecting trash and garbage, limited to vehicles owned by the state, federal government, any political subdivision of the state and those vehicles operated by the contractor for refuse collection within the city. (Ord. No. 88 -3, § I, 3- 10 -88; Ord. No. 116, § 6, 9- 17 -96; Ord. No. 249, § 2, 3- 13 -03) Secs. 22.90 - 22.106. Reserved. CUSTOMER INFORMATION: T.F. RELOCATORS INC 6901 MANSFIELD CARDINAL RD 2007 BUSINESS PERMIT DCR #: DATE COLLECTED: 3/21/2007 e r BUILDING PERMIT 01- 4155 -00 -00 STREET IMPACT FEE 45- 4215 -00 -00 WATER IMPACT FEE 61- 4201 -00 -00 SEWER IMPACT FEE 62- 4201 -00 -00 WATER DEPOSIT- METER SIZE: 3/4 10- 2165 -00 -00 t.' a #ate _ , _:: 0, SEWER TAP 10- 4070 -00 -00 WATER TAP 10- 4060 -00 -00 £ t METER INSTALLATION 10- 4061 -00 -00 '' _;; ,� = ; ;v - - SUBMITTED BY: MANDI STUCKS RECEIVED BY: CASH $ - CHECK $ 15.00 TOTAL TOTAL DEPOSITED: $ 15.00 CITY OF KENNEDALE Building Permits Department f , F Receipt 7428 Date 3/20/2007 Permit 0 Account Description 01- 4101 -0 BUSINESS LICENSE TOTAL Check Amt $15.00 Cash Amt $0.00 Check No 005527 Paid by T.F. RELOCATORS INC 2007 BUSINESS PERMIT 6901 MANSFIELD CARDINAL RD PAYMENT TAKEN AT WATER COUNTER Received by: .... ........... Amount 15.00 $15.00 is s cn m CD w 0) O -o co m ca O O 2 5 Q co U) CA) 3 N N O O 4 51 O � 1 i CITY OF KENNEOALE ANNUAL BUSINESS PERMIT APPLICATION FOR 2005 lit-' v BUSINESS NAME PHYSICAL BUSINESS A MAILING ADDRESS (IF �. TEXAS DRIVER'S LICENSE ,t:.' BUSINESS (VIf}I�J BUSINESS CIRCLE ONE . IN& HOME OCCUPATION 5- _ -, DATES LENGTH 017 -:571? 9 9 9 A T BUSINESS PHONE # p ful to operate at �s tnthe her retail, whatesate, manufacturing, of , without having first di gttttdcitePniit from the City of Kennedale Permt _r ? , n , anitual� and serve To r' g seer a ustviess wttn the CtTy ana da suc it ,acs not rrwa eyuvay �nserT`et�e, pry. — aipF os- conrncT' with any or requirements to State or Federal Licenses which certain types of Businesses may be required to obtain. After Rr OV information above please return this form along with your $12.00 permit fe to: CITY OF KENNEDALE PUBLIC WORKS DEPARTMENT ° 405 MUNICIPAL DRIVE KENNEDALE, TX. 76060 ` on , ' receipt of this form and fee, your Business Permit will be mailed to you. Businesses not Permitted within 21 days of receipt of s notification will be issued a Citation and a fine of up to $200.00 If You have closed business or moved out of the City, please advise on this application and return. �i r, P 46 c s 6 1 1 - 3601016 BUSINESS NAME BUSINESS PHONE # PHYSICALBU5INE55 ADDRESS Wn y Kara MOl )-f 4 l j -r - 76 ©C, 73 MAILING ADDRESS (IF DIFFERENT FROM ABOVE) 46?31D TEXAS DRIVER'S LICENSE TAX ID # BUSINESS OWNER(S) NAME AND ADDRESS BUSINESS MANAGERS (5) NAME AND ADDRESS r&rc1C- 14 BUSINESS DESCRIPTION AND NATURE OF PRODUCT SOLD CIRCLE ONE: RETAIL WHOLE5ALE MANUFACTURING HOME OCCUPATION OTHER 64;6 ✓Ct `l - e - G ( f DATE OF COMMENCEMENT 3/,-5 LENGTH dF DURATION Per section 11 -41 of the City Code, it is unlawful to operate any business, whether retail, wholesale, manufacturing, home occupation or otherwise, from any premises within the City, without having first acquired a permit from the City of Kennedole. Permits are renewable annually and serve to register a business with the City and, as such, do not in any way interfere, pre -empt or conflict with any regulations or requirements to State or Federal Licenses which certain types of Businesses may be required to obtain. After providing the information above, please return this form along with your $12.00 permit fee to: CITY OF KENNEDALE PUBLIC WORKS DEPARTMENT 405 MUNICIPAL DRIVE KENNEDALE, TX. 76060 n receipt of this form and fee, your Business Permit will be mailed to you. Businesses not Permitted within 21 dovs of receipt of t his n o tif ication will be issued a Citation and a fine of up to-$200.00. If you have closed business or moved out of the City. please advise on this application and return. if CERTIFIED MAIL #70022030000697348364 November 20, 2003 DAIGH, JUDY 6895 MANSFIELD CARDINAL RD KENNEDALE TX 760607005 During routine inspection by the Kennedale Code Compliance Officer, it was noticed that your property located at 6895 MANSFIELD CARDINAL R RUSSELL, JESSE SURVEY Block Number 9A03, Lot number is in violation of the Kennedale City Code. This will be the last notice you will receive for the year 2003: SECTION 22-86 USE BY VEHICLES OVER 10,000 POUNDS GROSS WEIGHT No person shall operate any commercial vehicle, truck, truck tractor, road tractor, mobile home, modular home, manufactured housing or any combination thereof, except on such streets and highways as are designated as truck routes. SECTION 14-424 -b40 TANDEM PARKING IS PROHIBITED UNLESS SPECIFICALLY AUTHORIZED BY VARIANCES GRANTED BY THE BOARD, OF ADJUSTMENTS, The parking of the truck and trailer is located on the premises of 36797 RUSSELL, JESSE LOT 4 PER PLAT B 1247, commonly known as 6901 Mansfield Cardinal Rd. Kennedale, Texas. On 1 December 2003 you could be issued a citation each day until compliance is made. The fine for this citation shall not exceed $2,000.00 for each citation. Any question concerning this violation can be answered at 405 Municipal Dr. Kennedale, Texas 76060. Sincerely, C. B. Lancaster r � % p, 1 . s f •• C • ERT,IF.IED -MAIL #7002203110-0.0007371904 ...April 8, 2003 - -- _ - -- - = - -- -- -- DAVIS, WAYNE 6901 MANSFIELD CARDINAL RD KENNEDALE TX 760607028 Lv During routine inspection by the Kennedale Code Compliance Officer, it was noticed that your property located at 6901 MANSFIELD CARDINAL R RUSSELL, JESSE Block Number Lot number 4 is in violation of the Kennedale City Code. _X_ SECTION 15.3 - Certain cars, appliances declared nuisance (a7 IYshall'be unlawful and•w nuisance person to leave, park or stand for - • • a •period longer than fifteen (15) days, except as provided for in subsection (c), in any front, side or rear yard of any lot or tract of land in the city, any motor vehicle or any refrigerator, clothes washer or dryer or household appliance of similar nature, hereinafter referred to as appliance, which is in a -condition such - to -make-it incapable of being driven or operated. UPDATE THE TAGS AND INSPECTION ON THE 1985 CHEV. VAN TEXAS 5523WY ' On 19 April 2003 this office will remove the Chevrolet Van and issue you a citation. Any question concerning this violation can be answered at 405 Municipal Dr. Kennedale, Texas 76060.. Sincerely, C. B. Lancaster T,F. RELOCATORS 4/12/2004 6901 MANSFIELD CARDINAL RD BUSINESS LICENSE AND CERTIFICATE OF OCCUPANCY CHARGE SUMMARY FOR WALK -IN CUSTOMER DESCRIPTION CODE FUND ACCT DEBIT CREDIT BUILDING PERMIT BLDPR 01 4155 $ - STREET IMPACT FEE STIMP 01 4215 $ - WATER IMPACT FEE WIMO2 61 4201 $ - SEWER IMPACT FEE SIMO2 62 4210 $ - WATER DEPOSIT: WSDEP 10 2165 $ - METER SIZE: SEWER TAP STAP 10 4070 $ - WATER TAP WTAP 10 4060 $ - METER INSTALLATION MTIST 10 4076 $ - "Contractor need to make sure meter box is uncovered within 2 days" PARK DEDICATION PKDED 14 4010 $ - RETURNED CHECKS NSFCK 01 1045 $ - BUSINESS LICENSE BUSLI 01 4101 $ 12,00 ELECTRIC LICENSE ELELI 01 4120 $ - CERT, OF OCCUPANCY CERT 01 4150 $ 55,00 ELECTRICAL ELEPR 01 4160 $ - PLUMBING PLBPR 01 4165 $ - MECHANICAL MECPR 01 4175 $ - WEIGHT WEIGH 01 4180 $ - MISCELLANEOUS MISPR 01 4190 $ - GARAGE SALE GSPR 01 4190 $ - PLAT FEES PLAT 01 4191 $ - ZONE CHANGES ZONE 01 4192 $ - PLAN REVIEW FEES PLRFE 01 4193 $ - ANIMAL IMPOUNDING FEES ANIMP 01 4195 $ - MOWING FEES MOWFE 01 4198 $ - REINSPECTION FEES REINS 01 4199 $ - MISC INCOME - TAXABLE MT01 01 4410 $ - MISC INCO - NON TAXABLE MNT01 01 4411 $ - / E ,/ TOTAL $ 67.00 V\lz- kisIk2 CASHIER -FRONT DESK PX2MIT STAFF �I 1 CITY OF KENNEDALE Building Permits Department Receipt 2766 Date 4/12/2004 Permit 0 Account Description 01-4101-0 BUSINESS LICENSE TOTAL Check Amt $0.00 Cash Amt $12.00 Check No CASH Paid by T.F. RELOCATORS 2004 BUSINESS PERM PAYMENT TAKEN AT WWATER COUNTER Received by:. .......... f e-- City of Kelffledule. 0-4/12/200 10:52"53 CR Rtneij.lt Nlyfilber: 106394 N ('71, Acct : 0141500000 CERTIFICATE or OCCUANCY 55.00 GL kcct; 0141010000 051WESS LICOW's 12.00 Total: 67.00 CW-'. 55.00 Teider Rlefereure: 7782 17,74,F) FREIGErr REUXATT16 Chezk 12.00 Teridex Reference: 7783 TEWS FREIGHT 010CAT01- il Amount 12.00 $12.00 CITY OF KENNEDALE Building Permits Department Receipt 2767 Date 4/12/2004 Permit 0 Account Description 01- 4150 - 0 CERTIFICATE OF OCCUPANCY Check Amt $0.00 Check No CASH Paid by T.F. RELOCATORS CERTIFICATE OF 0 CUPANCY 6901 MANSFIELD INAL RD PAYMENT TAK&N NT JN I , RfjCOUZ Received by: / ... k- .' . Cash Amt ER TOTAL $55.00 Amount 55.00 $55.00 M1 CITY OF KENNEDALE Building Permits Department t Receipt 3773 Date 2/22/2005 Permit 0 Account Description 01- 4101 -0 BUSINESS LICENSE Check Amt $0.00 Cash Amt Check No CASH Paid by T.F. RELOCATORS, INC 2005 BUSINESS P M IT 6901 MANSFIELD CA RD PAYMENT TAKIVN IAL R AO(4JNTER Received by: /..... 11A W- I_ Amount 12.00 TOTAL $12.00 $12.00 SEP /29/2005/THU 02,11 PM XENNEDALE FIRE DEPT FAX No.8175612103 P. 003 You are here by required to corn tthe ab? conditions. An inspection to determine compliance with this order will be conducted on or alter the minspection date off-094F Failure to comply may render you Qable to penilities provided by law, - OCCUPANT r tNSPEGTIN OFFICER 51 T.F. RELOCATORS 4/12/2004 6901 MANSFIELD CARDINAL RD BUSINESS LICENSE AND CERTIFICATE OF OCCUPANCY CHARGE SUMMARY FOR WALK -IN CUSTOMER DESCRIPTION CODE FUND ACCT DEBIT CREDIT BUILDING PERMIT BLDPR 01 4155 $ - STREET IMPACT FEE STIMP 01 4215 $ - WATER IMPACT FEE WIMO2 61 4201 $ - SEWER IMPACT FEE SIMO2 62 4210 $ - WATER DEPOSIT. WSDEP 10 2165 $ - METER SIZE: SEWER TAP STAP 10 4070 $ - WATER TAP WTAP 10 4060 $ - METER INSTALLATION MTIST 10 4076 $ - * *Contractor need to make sure meter box is uncovered within 2 days ** PARK DEDICATION PKDED 14 4010 $ - RETURNED CHECKS NSFCK 01 1045 $ - BUSINESS LICENSE BUSLI 01 4101 $ 12.00 ELECTRIC LICENSE ELELI 01 4120 $ - CERT. OF OCCUPANCY CERT 01 4150 $ 55.00 ELECTRICAL ELEPR 01 4160 $ - PLUMBING PLBPR 01 4165 $ - MECHANICAL MECPR 01 4175 $ - WEIGHT WEIGH 01 4180 $ - MISCELLANEOUS MISPR 01 4190 $ - GARAGE SALE GSPR 01 4190 $ - PLAT FEES PLAT 01 4191 $ - ZONE CHANGES ZONE 01 4192 $ - PLAN REVIEW FEES PLRFE 01 4193 $ - ANIMAL IMPOUNDING FEES ANIMP 01 4195 $ - MOWING FEES MOWFE 01 4198 $ - REINSPECTION FEES REINS 01 4199 $ - MISC INCOME - TAXABLE MT01 01 4410 $ - MISC INCO(U - NON TAXABLE MNT01 01 4411 $ - ✓ TOTAL $ 67.00 t" i PERMIT STAFF ) CASHIER -FRONT DESK 5 A 1 CITY OF KENNEDALE Building Permits Department Receipt 2766 Date 4/12/2004 Permit 0 Account Description 01- 4101 -0 BUSINESS LICENSE Check Amt $0.00 Cash Amt Check No CASH Paid by T.F. RELOCATORS 2004 BUSINESS PERMIT PAYMENT TAKEN AT =fiVATER COUNTER Received by:.....::a... TOTAL $12.00 Amount 12.00 $12.00 2 0 CITY OF KENNEDALE Building Permits Department l F Receipt 2767 Date 4/12/2004 Permit 0 Account Description 01- 4150 - 0 CERTIFICATE OF OCCUPANCY TOTAL Check Amt $0.00 Cash Amt $55.00 Check No CASH Paid by T.F. RELOCATORS CERTIFICATE OF O CUPANCY 6901 MANSFIELD VAR INAL RD PAYMENT TAKEN A T COUNTER Receivedby: .... • .. .... ..... Amount 55.00 $55.00 City of KeDnedale 04/12/z0m 10;57., ;;:3 CR Reveipt Number; 106394 11 GL al w 0141500000 CERTIFIC0 Of OCCUPANCY 5 5,00 GL Ixet: 0141010000 BUSINESS LICENSES 12.00 Total, 67,00 Check 55,00 Tender Reference: 7782 MAS FREIGHT RELOCATORLIS Ch(. 12.00 Tender Reference. 7783 TEXAB FREIGHT RELOCAVALIS Change Due: DO KWAHANK YOU K!"" 0 46 �os 4 p e-x4- j Inkl - /III 1 , -' �g m Page 1 of 2 Larry Hoover From: Mark White Sent: Tuesday, April 17, 2007 2 :21 PM To: Larry Hoover Subject: FW: Road Conditions Read this and come see me Mark White Community Development Director City of Kennedale - - - -- Original Message---- - From: Bob Hart Sent: Tuesday, April 17, 2007 2:07 PM To: Mark White Subject: FW: Road Conditions Mark, Could you review and help me formulate a response ..................... Also, we need to visit about the XXX Video sign and having it removed, the sign ordinance amendment for Crystals, and the Ft. Worth sewer agreement. Bob From: Dorian Johnson [mailto:daj1953 @charter.net] Sent: Tuesday, April 17, 2007 9:37 AM To: Bob Hart Subject: Road Conditions Greetings Mr. Hart, Just so you know, I did attempt to find an e-mail address for Mark White because this issue probably needs to be addressed by him, but hopefully, you can put me on the right track. I have been concerned to a point of extreme aggravation for quite some time about the terrible condition of Mansfield Cardinal Road from about the point of its intersection with Swiney -Hiett all the way up to the part of Mansfield Cardinal that belongs to Arlington (which, by the way, is in excellent shape the rest of the way out to Kennedale Parkway). I have lived on Mansfield Cardinal Road since July of 1984, and neither the county nor Kennedale have ever done anything to this road except fill potholes, a band - aid fix that lasts only until the next rain, and I might add, causes an extremely excessive amount of "bumpiness" to the road - enough that it would jar a good set of dentures loose - not to mention what might be jarred loose on my vehicle each time I drive into town and back home that way. Not only are the potholes a problem, but the road is actually broken apart and disintegrating at Mansfield Cardinal's intersection with Eden Road where the propane tanks are located. I am sure much of this is caused by the excessive big -rig, over - the -road vehicles that are pulling in and out day and night from their location at Texas Freight on our mostly "residential" single -lane road. I am still wondering how this company got permission to use this small residential road to bring high traffic heavy tractor- trailer vehicles in mass quantities through a mostly residential neighborhood. Not only is this company degrading the roads and the adjacent properties around it, it is causing its neighbors added sleepless nights with all the big truck lights shining into residential bedroom windows in the middle of 5g Page 2 of 2 the night and is causing traffic problems when trucks line up on this single -lane residential road waiting to gain entry into the truck lot. This company should have never been given permission to operate in this area. It is better suited for a location on the main highway. Well, Mr. hart, you have heard my issues. Now I need you to tell me how I can best find relief from these issues that continue to push me to many..limits. Like I said earlier, I have lived in this neighborhood for almost twenty -three years, and we have been paying city taxes since we were incorporated into the city limits of Kennedale. Since our incorporation, we haven't seen much of what Kennedale can do for all of its citizens, just the rich folks for whom all the new houses are being built, and for whom all the new water and sewer lines are being installed, and for all the new commercial businesses that are tearing up what roads and neighborhoods we used to have, but for us folks who like to live the "simple" life, Kennedale sure is making it hard on all of us. Is there no loyalty? Is there no compassion for Christian folk who are taught "it is not what you have; it is who you are "? We are good people back here on Mansfield Cardinal Road, and we always have been. I think we are being over- looked because we don't live in the fancy new houses or own trucking companies. When is the city going to do something for us? Sincerely, Dorian Johnson 6911 Mansfield Cardinal Road Lot F Kennedale, Texas 76060 817.478.4866 PS Yes, I live at the back end of Cactus Acres Mobile Home Park (which is owned and operated by my uncle, Tommy Cogburn), but I own my own property and pay taxes just like he does, so I would appreciate someone getting me to the right people so we can address some of these issues. Also, I talked with Mr. White a long time ago about getting on the city's water and sewer lines. He was going to check into that and get back to me, but I haven't heard anything else from him. So, if you put this e-mail into someone else's hands, would you please follow -up to make sure that our situations have been addressed and steps have been taken to fix the problems? Thanks again! a f M Ln Er Postage M C3 C:] Certified Fee ru Return Receipt Fee (U (Endorsement Required) Q Restrioted Delivery Fee C3 (Endorsement Required) Q Total Postage & Fees ru Ln Re tent's Name C3 greet, ° Apt 7 r O lT it Postage - a Certliled Fee 0 0 c3 Return Reolept Fee Requlred) (Endorsement a Restrioted Delivery Fee Req(ulred) M (Endorsement C3 N Total Postage & Fees � A z �� r te..; Fl e: ApQ N Po.'13uy's $00 "- Hone (: 185: x933 6635 4420 =1881 N 441,a: m - h a o NIL � O �.,' Z C 0w 0 t- w}-X zzi-p 0 . fi W 0"' a m o �� 0 co o .� o m 0 nj nu ® o 0 m " _ a �, LLJ cap - a m ! f\7 /) k Ooi OO } \ ? e / [ 2 2 /& . / �/ \9 \��� � \ f k { o o ƒ © / f §f }■) }�� � | 2 / �k ad \` a OOH!\, ¥ c CD / . ql a) • q �$W0E \k \/2 'k \ 642 R R § =�£A . C\r ca R / §ƒ {/ E E - a 7/ ($ƒ/ f f ' EE££ °§ la+a\& «f cq li m Ln ;RE a - m 0 ru nj M 0 1 ni d Ln 1:3 C3 M Ni co 0 6 0 x CL 3 J � y� Q� ; a , f§ƒ) § n ! . � \% \ J9 ®- \ \k E\\}k %(D k)7 f 7 - \3�_§ - `OOO� ƒ ' . . � /k}4/ 0 o� § __ / $ Cam \ C6 I D . _ �@� = r . : f a, # a .. ® k §f \4 \ \ . §G § 0 J g | ® •��$/) f kim =- 7 Z .0 'ar- g o ) 7 k \� «�m <�\� � < . . . / T F Relocators, Inc (Texas Freight Relocators) - Mansfield, Texas (TX) I Company Profile Page 1 of 2 Home I About Us I myManta I FAQ I View Cart COMPANIES: U.S., Canada, Worldwide, U.S. Public, Australia RESOURCES: Jobs, Publishers, News , White Papers, Free Business Magazines Login: Not a member ?'Learn more. Pay - per -view premium reports from top publishers Enter U.S. Companv Name BUSINESS CENTERS: Travel, Small Biz, Career Company Profiles > rind_ Companies > Mansfield, TX > Consumer Products & Se rvices > Passenyer_Car_Lea > Arrangement of Transportation of Freight and Cargo > Freig fo _Rvard ng > T F Relocators, Inc Company Profile • • - • • I 1009 Yukon Dr, Mansfield, TX 76063 -6349, United States (Map) (Add Company Info) Phone: (617) 572 -9929 Also Does Business As: Texas Freight Relocators SIC: Arrangement of Transportation of Freight and Cargo Line of Business: Freight Transportation Arrangement Ads by Google Freight Forwarder Complete Solutions for Freight Forwarding and Logistics Companies Freight Forwarding Find Customs Brokers & Freight Forwarding Services on Business.com Freight Shipping Business freight shipping. All transportation modes. The ads are not affiliated with T F Relocators, Inc Detailed T F Relocators, Inc Company Profile This company profile is for the private company T F Relocators, Inc, located in Mansfield, TX. Texas Freight Relocators's line of business is freight transportation arrangement. Company Profile: T F Relocators, Inc Year Started: 1994 State of Incorporation. TX LIRL: N/A Location Type: Single Location Stock Symbol: N/A Stock Exchange: N/A Also Does Business As: Texas Freight Relocators NAICS: N/A SIC #Code: ° :j View Details Est. Annual Sales: View Details Est. Employees: 28 Est. Employees at Location: 28 Contact Name: Kirk Austin Contact Title: Vice President Data above provided by D &e. This site is blocked by the SonicWALL Content Filter Service. Additional T F Relocators, Inc Company Information Have some information to add about T F Relocators, Inc? Manta allows you to make additions and corrections to the information available for the T F http: / /www. manta .com /coms2 /dnbcompany_967lmj 61 Find logs in Mansfield, TX 12/27/2007 T F Relocators, Inc (Texas Freight Relocators) - Mansfield, Texas (TX) I Company Profile Page 2 of 2 Relocators, Inc company profile. »Learn More Add Company Information Set Company Alert Stay in the know. Sign up to receive email alert notification when new information about T F Relocators, Inc is available. Set Company Alert Looking for reports & articles on T F Relocators, Inc? Manta also provides financial reports, credit reports, news articles, and market research reports on T F Relocators, Inc. View Reports & Articles Copyright 2007 Dun and Bradstreet, Inc. All Rights Reserved. Sony_ ad Get a $100 card cro it with Find other T F Relocators, Inc companies More Companies in: This Industry Mansfield, TX Privacy Policy I Refund Policy I Contact Us I Advertise I Local Ads I Terms Et Conditions I Site Map I Manta Partners Copyright Co 2007, ECNexL, Inc. All Rights Reserved b http: / /www. manta .com /cotns2 /dnbcompany_967lmj 12/27/2007 sonycard soay.com Ads by Gooda Find reports and articles on T F Relocators, Inc SAFER Web - Company Snapshot T F RELOCATORS INC y USDOT Number MG /MX Number ;Name Enter Value: 702239 Search Pagel of 3 T F RELOCATORS INC USDOT Number: 702239 ID /Operations I Inspections/Crashes I Safety ati_n ( Insurance Carriers: If you would like to update the following ID /Operations information, please complete and submit form MCS -150 which can be obtained online or from your State FMCSA office. If you would like to challenge the accuracy of your company's safety data, you can do so using FMCSA's DataQs system. Other Information for this Carrier 9 SafeStat Results Licensing Insurance Carrier and other users: FMCSA provides the Company Safety Profile (CSP) to motor carriers and the general public interested in obtaining greater detail on a particular motor carrier's safety performance then what is captured in the Company Snapshot. To obtain a CSP please visit the CSP order page or call (800)832 -5660 or (703)280 -4001 (Fee Required). For help on the explanation of individual data fields, click on any field name or for help of a general nature go to SAF_ER_General Help. The information below reflects the content of the FMCSA management information systems as of 12/26/2007. MCS -.150 1 1112712006 MCS -150 1 1,500,000 (2004) Form Date: Mileage (Year): Operation -Classification: Auth. For Hire Priv. Pass.(Non- State Gov't Exempt For Hire business) Local Gov't Migrant 69 http: / /www. safersys. org /query. asp ?searchtype = ANY& query _type= queryCarrierSnapshot... 12/27/2007 Out of Service k . *, T F RELOCATORS TEXAS FREIGHT RELOCATORS Physical 6901 MANSFIELD CARDINAL ROAD Address: KENNEDALE, v 76060 'I ", 707 Address: CROWLEY, TX 76036 USDOT_ ■ MC I or _.., ■ DUNS Number: Numb MCS -.150 1 1112712006 MCS -150 1 1,500,000 (2004) Form Date: Mileage (Year): Operation -Classification: Auth. For Hire Priv. Pass.(Non- State Gov't Exempt For Hire business) Local Gov't Migrant 69 http: / /www. safersys. org /query. asp ?searchtype = ANY& query _type= queryCarrierSnapshot... 12/27/2007 SAFER Web - Company Snapshot T F RELOCATORS INC Private(Property) U.S. Mail Indian Nation Priv. Pass. (Business) Fed. Gov't 65 Carrier poratio 1 Out of Service Interstate Intrastate Only (HM) Intrastate Only (Non - Out of Service % 16,9% HM) Cargo Carried Nat'l Average % (2005 -2006) 23.14% General Freight Liquids /Gases Chemicals Household Goods Intermodal Cont. Commodities Dry Bulk Metal: sheets, coils, Passengers Refrigerated Food rolls Oilfield Equipment Beverages Motor Vehicles Livestock Paper Products Drive/Tow away Grain, Feed, Hay Utilities Logs, Poles, Beams, Coal /Coke Agricultural /Farm Lumber Meat Supplies Building Materials Garbage /Refuse Construction Mobile Homes US Mail Water Well Machinery, Large XFLOWBACK Objects Fresh Produce Page 2 of 3 ID/Operations. Inspections /Crashes I Safety- Rating I insurance Inspection results for 24 months prior to: 12126/2007 Total inspections: 70 Note: Total inspections may be less than the sum of vehicle, driver, and hazmat inspections, Go to Inspections Help for further information. TIT-11ITTMIN M, Inspection Type Vehicle Driver Hazmat Inspections 65 70 1 Out of Service 11 7 1 Out of Service % 16,9% 10% 100% Nat'l Average % (2005 -2006) 23.14% 6.80% 5.39% Crashes reported to FMCSA by states for 24 months prior to: 12/26/2007 Q', Type Fatal Injury Tow Total Crashes 0 1 1 2 10 http:// www. safersys .org /query.asp ?searchtype= ANY &query type= queryCarrierSnapshot... 12/27/2007 SAFER Web - Company Snapshot T F RELOCATORS INC Page 3 of 3 ID/O per a-tions I Inspections/Crashes I Safety Rating I Insurance The Federal safety rating does not necessarily reflect the safety of the carrier when operating in intrastate commerce. Carrier SafetyRating: The rating below is current as of: 12126/2007 Review Information: For the most current information on the status of operating authority and insurance for this carrier, go to the.FMCSA Licensing & Insurance site. SAFER Links Skip Links I Home I Feedback I Contact. I DataQs I FAQ I Accessibility I Privacy Notice I Related Links I Ac_ robat Reader Download - 11 http://www.safersys.org/query.asp?searchtype=ANY&query_type=- 12/27/2007 Rating date: 01110/2007 I Review Date: 01/09/2007 Rating: Satisfactory I Type: lCompliance Review For the most current information on the status of operating authority and insurance for this carrier, go to the.FMCSA Licensing & Insurance site. SAFER Links Skip Links I Home I Feedback I Contact. I DataQs I FAQ I Accessibility I Privacy Notice I Related Links I Ac_ robat Reader Download - 11 http://www.safersys.org/query.asp?searchtype=ANY&query_type=- 12/27/2007 FMCSA Motor Carrier USDOT Number: 702239 Docket Number: MC391677 lal Name: T. F. RELOCATORS, INC. DBA (Doing - Business -As) Name TEXAS FREIGHT RELOCATORS I A Jai Addresses Business Address: 6901 MANSFIELD CARDINAL ROAD KENNEDALE, TX 76060 Business Phone: (817) 572.9929 Business Fax: Fax: (817) 561 -5156 Mail Address: P O BOX 707 CROWLEY, TX 76036 Mail Phone: (8 572 -9929 Mail Fax: Fax: (817) 5 61 -5 155 Und M ail : N [Authorities: — - - -- -- - - - - - Common Authority: NONE Application Pending: NO Contract Authority: ACTIVE Application Pending: YES Broker Authority: NONE Application Pending: NO Property: YES Passenger: NO Household Goods: NO Private: NO Enter NO Insurance Requirements: BIPD Exempt: NO BIPD Waiver: NO BIPD Required: $750,000 BIPD on File: $750,000 Cargo Exempt: NO Cargo Required NO Cargo on File: NO BOC -3: YES Bond Required: NO Bond on File: NO nket Company: EVILSIZOR TRANSPORTATION SERVICES - -- - c om me nts : - -- - -- -� ding Insurance: Form: 91X Type: BIPD /Primary Posted Date: 10/16/2007 Policy /Surety Number: 1337246019 Coverage From: $0 To: $750,000 Effective Date: 10/1512007 Cancellation Date: Insurance Carrier: UNITED STATES FIRE INSURANCE CO. Attn: TO REPORT A CLAIM CALL 888 -890 -1500 Address: 305 MADISON AVE. MORRISTOWN, NJ 07962 -1973 US Telephone: (973) 490 - 6000 F ax : (9 4 - 6 448 Rejected Insurances: Form: Type: Policy /Surety Number: Coverage From: $0 To: $0 Received: Rejected: Rejected Reason: Run Date: December 27, 2007 Page 1 of 5 Run Time: 09:35 Data Source: Licensing and Insurance li carrier in Insurance History: Form: 91X Type: BIPD /Primary Policy /Surety Number: TP 9896780 Coverage From $0 To: $1,000,000 Effective Date From: 05128/2007 To: 11101/2007 Disposition: Cancelled Insurance Carrier NEW HAMPSHIRE INSURANCE CO. Attn: RIMA DEMARAIS, DBG LEGAL SERVICES Address: 70 PINE STREET NEW YORK, NY 10270 US Telephone: (212) 770 - 7000 Fax: (212) 820 - 4849 Form: 91X Type: BIPD /Primary Policy /Surety Number: TP 9896780 Coverage From $0 To: $1,000,000 Effective Date From: 05/28/2007 To: 10/15/2007 Disposition: Replaced Insurance Carrier NEW HAMPSHIRE INSURANCE CO. Attn: RIMA DEMARAIS, DBG LEGAL SERVICES Address: 70 PINE STREET NEW YORK, NY 10270 US /nAn %' - M '7Ann E7-- 1 1 ]47X 07n AOAr 1 V1VP1IVIIC. kG 14) 1 IV - 1 VVV 10A. Form: 91X Type: BIPD /Primary Policy /Surety Number: AST5003922 Coverage From $0 To: $1,000,000 Effective Date From: 05/28/2004 To: 05/2812005 Disposition: Cancelled Insurance Carrier OLD AMERICAN COUNTY MUTUAL FIRE INS COMPANY Attn: DEBI FEUERBACHER Address: 4201 SPRING VALLEY, STE 400 DALLAS, TX 75244 US Telephone: (972) 661 - 0400 Fax: (972) 774 - 0706 Form: 91X Type: BIPD /Primary Policy /Surety Number: AST5005107 Coverage From $0 To: $1,000,000 Effective Date From: 05/28/2005 To: 05/28/2006 Disposition: Cancelled Insurance Carrier OLD AMERICAN COUNTY MUTUAL FIRE INS COMPANY Attn: DEBI FEUERBACHER Address: 4201 SPRING VALLEY, STE 400 DALLAS, TX 75244 US Telephone: (972) 661 - 0400 Fax: (972 Run Date: December 27, 2007 Page 2 of 5 Run Time: 09:35 13 Data Source: Licensing and Insurance li carrier FMCSA Motor Carrier USDOT Number: 702239 Docket Number: MC391677 qal Name: T. F. RELOCATORS, INC. uBA (Doing- Business -As) Name TEXAS FREIGHT RELOCATORS Insurance History: Form: 91X Type: BIPD /Primary Policy /Surety Number: AST5001972 Coverage From $0 To: $1,000,000 Effective Date From: 05/28/2002 To: 08/19/2002 Disposition: Cancelled Insurance Carrier OLD AMERICAN COUNTY MUTUAL FIRE INS COMPANY Attn: DEBI FEUERBACHER Address: 4201 SPRING VALLEY, STE 400 DALLAS, TX 75244 US Telephone: (972) 661 - 0400 Fax: (972) 774 - 0706 Form: 91X Type: BIPD /Primary Policy /Surety Number: AST5001972 Coverage From $0 To: $1,000,000 Effective Date From: 05128/2002 To: 08/09/2002 Disposition: Replaced Insurance Carrier OLD AMERICAN COUNTY MUTUAL FIRE INS COMPANY Attn: DEBI FEUERBACHER Address: 4201 SPRING VALLEY, STE 400 DALLAS, TX 75244 US Telephone: (972) 661 - 0400 Fax: (972) 774 - 0706 corm: 91X Type: BIPD /Primary Policy /Surety Number: AST5002871 Coverage From $0 To: $1,000,000 Effective Date From: 05/28/2003 To: 05/28/2004 Disposition: Cancelled Insurance Carrier OLD AMERICAN COUNTY MUTUAL FIRE INS COMPANY Attn: DEBI FEUERBACHER Address: 4201 SPRING VALLEY, STE 400 DALLAS, TX 75244 US Telephone: (972) 661 - 0400 Fax: (972) 774 - 0706 Form: 91X Type: BIPD /Primary Policy /Surety Number: DCT000007847 Coverage From $0 To: $1,000,000 Effective Date From: 05/2812006 To: 05/28/2007 Disposition: Cancelled Insurance Carrier CLARENDON AMERICA INSURANCE COMPANY Attn: DANNY GREEN Address: 466 LEXINGTON AVENUE, SUITE 1900 NEW YORK, NY 10017 US Telephon (212) 790 - 9700 Fax: ( 21 2 ) 805 - 98 Riau. Jate: December 27, 2007 Page 3 of 5 Data Source: Licensing and Insurance li carrier Run Time: 09 :35 — 1z FMCSA Motor Carrier USDOT Number: 702239 Docket Number: MC391677 gal Name: T. F. RELOCATORS, INC. uBA (Doing- Business -As) Name TEXAS FREIGHT RELOCATORS M IA re. Insurance Form: 91X Type: BIPD /Primary Policy /Surety Number: AST5001500 Coverage From $0 To: $1,000,000 Effective Date From: 05/28/2001 To: 05/28/2002 Disposition: Replaced Insurance Carrier OLD AMERICAN COUNTY MUTUAL FIRE INS COMPANY Attn: DEBI FEUERBACHER Address: 4201 SPRING VALLEY, STE 400 DALLAS, TX 75244 US Telephone: (972) 661 - 0400 Fax: (972) 774 - 0706 Form: 91X Type: BIPD /Primary Policy /Surety Number: AST5001972 Coverage From $0 To: $1,000,000 Effective Date From: 08/09/2002 To: 05/02/2003 Disposition: Cancelled Insurance Carrier OLD AMERICAN COUNTY MUTUAL FIRE INS COMPANY Attn: DEBI FEUERBACHER Address: 4201 SPRING VALLEY, STE 400 DALLAS, TX 75244 US Telephone: (972) 661 - 0400 Fax: (972) 774 - 0706 corm: 91X Type: BIPD /Primary Policy /Surety Number: 6929 56 97 Coverage From $0 To: $1,000,000 Effective Date From: 05/28/2000 To: 06/08/2001 Disposition: Cancelled Insurance Carrier TRUCK INSURANCE EXCHANGE Attn: JERRY REX Address: 3041 COCHRAN ST. SIMI VALLEY, CA 93065 -2771 US Telephone: (323) 306 - 8488 Fax: (805) 306 - 6646 Form: 34 Type: CARGO Policy /Surety Number: WI 67 36 38 Coverage From $0 To: $5,000 Effective Date From: 05/28/2001 To: 01/25/2002 Disposition: Cancelled Insurance Carrier OCCIDENTAL FIRE AND CASUALTY CO. OF N.C. Attn: KEN SIFFORD Address: 702 OBERLIN ROAD., P. O. BOX 10800 RALEIGH, NC 27604 US Telephone: (919) 833 -1600 Fax: (919) 834 - 0855 * If a carrier is in compliance, the amount of coverage will always be shown as the required Federal minimum ($5,000 per vehicle, $10,000 per occurrence for cargo insurance and $10,000 for bond /trust fund). The carrier may actually have higher leve of c over ag e. Ru, Date: December 27, 2007 Page 4 of 5 Data Source: Licensing and Insurance Run Time: 09:35 li_carrier 15 FMCSA Motor Carrier USDOT Number: 702239 Docket Number: MC391677 gal Name: T. F. RELOCATORS, INC. ` L/dA (Doing - Business -As) Name TEXAS FREIGHT RELOCATORS i 7 AWL Authority History: Sub No. Authority Type Original Action Disposition Action MOTOR PROPERTY CONTRACT CARRIER GRANTED 11/14/2000 Pending Application: Authority Type Filed Status Insurance BOC -3 i MOTOR PROPERTY CONTRACT CARRIER 10/22/2003 Rejected OK OK Revocation History: 1 Authority Type 1st Serve Date 2nd Serve Date Reason I r Ru . Date: December 27, 2007 Page 5 of 5 Data Source: Licensing and Insurance Run Time: 09:35 li_ carrier 91 Trucking Company Detail on Jobs.Truck.Net Page 1 of 2 Truck Driving lobs I Trucking Jobs I Truck Driver Jobs i Truck Technician Jobs i Owner Operator Truck Driving Jobs - Site Map Home - > Trucking lobs by State -> Trucking Company Info � s Copyright © 1995 -2007 Truck.Net 11 http: / /jobs.truck.net/index/Trucking- Jobs -by- State /Trucking- Company - Info ?company =7 12/27/2007 Search ®s. �J F Retocators Inc k fruck Driving Jobs by State �dba Texas Freight Relocators i wncir —Opisr 4or,-i Trucking !abs by State DOT# 702239 Trucking Jobs by Position 20673 Yukon Sobs by Trucking Cosmpary ; Mansfield, Texas 7606 Links Phone: (817) 477 - 3096 Over The i5a[� >� Pax Not Provided 9 a D il § V e-6 ,View Google Map 1 Trucking Link Truck,Net :Types of Cargo: General Freight, Metal, Sheets, Coils, Logs, Poles The Drivers' RoundTable Lumber Building Materiais Trucking Classifieds Number of Company Driver Trucks, r � Trucking PcdCasts - �. z wtwvt.a�psjo6s.COro 7i Trucki „_aazires Number of Owner Operator Trucks. 17 Trucking Rath Trucking TV .Trucking Company Snapshot from SaferSys.org Click Here Trucking News ,Trucking Company Information from SafeStat Online Click Equipment Resources Trucking Associations ' Here Company 800 its Truck Co Data isplayed here was rece!ved frog a GOT regist rauon database Truck Companies Qnl €roe under the freedom of inforrnation act Truck. Net rr ?viySpace Unless company is, sis €ed under Trucking lobs by Trucking Company they n y or may not have trucking lobs available. --R <- Back Copyright © 1995 -2007 Truck.Net 11 http: / /jobs.truck.net/index/Trucking- Jobs -by- State /Trucking- Company - Info ?company =7 12/27/2007 Trucking Company Detail on Jobs.Truck.Net Page 2 of 2 19 http: / /jobs.truck.net/index/Trucking- Jobs -by- State /Trucking - Company- Info ?company =70... 12/27/2007 Staff Report To the Members of the Planning & Zoning Commission Date: February 29, 2008 Agenda Item No: C -1 Subject: Minutes Originated by: Crystal Tort, Planning & Zoning Secretary Summary: Attached are the minutes for the Regular Meeting dated July 10, 2007. Recommendation: Staff recommends approval Disposition by Commission: 0 144 f MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JULY 10, 2007 KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR. COUNCIL CHAMBERS 7:00 PM Chairman Adams called the meeting to order at 7:00 p.m. Members present: Brian Cassady, Rick Adams, Cheryl Abbott, Charles Gray, Patrick Vader, and Linda Elam. Members absent: Charles Overstreet, Richard West, and Tom Collins Staff Present: James E. Cowey, Building Official; and Lisa Cabrera, BOA Secretary. Ms. Cabrera performed the swearing in of the citizens that would like to address the Board. A. EXECUTIVE SESSION No executive session was called. B. RECONVENE INTO CHAMBERS No executive session was called. C. VISITORS /CITIZENS FORUM No one wished to speak. D. PUBLIC HEARING 1) BOA 07 -05 to receive citizen's comments for a Special Exception to the City Code Section 17 -426 (c), to allow oil and gas well drilling and production to be located at 6915 Hudson Village Creek Road as required by this section. Legal description is Lot 1, Block 1 of the Harrison Jet Guns Addition in the City of Kennedale, Tarrant County, Texas as requested by XTO Energy. Walter Dueease, 810 Houston Street, TX addressed the Board in favor of the Special Exception. A discussion ensued among the applicant and the members of the Board. No one else wished to speak. Chairman Adams closed the public hearing at 7:35 pm. E. REGULAR ITEMS 1) Approval of Minutes dated June 6, 2006, July 11, 2006, and May 1, 2007. Mr. Gray made a motion to approve the minutes as presented, seconded by Mr. Vader. it 145 Motion passed unanimously. 2) BOA 07 -05 to consider approval of a Special Exception to the City Code Section 17 -426 (c), to allow oil and gas well drilling and production to be located at 6915 Hudson Village Creek Road as required by this section. Legal description is Lot 1, Block 1 of the Harrison Jet Guns Addition in the City of Kennedale, Tarrant County, Texas as requested by XTO Energy. Mr. Gray made a motion to approve the Special Exception, and seconded by Mrs. Elam. Motion passed without opposition. F. ADJOURNMENT Mr. Adams made a motion to adjourn the meeting, seconded by Mr. Gray. Motion passed unanimously. Chairman Adams adjourned the meeting at 7:38 pm. Chairman, Rick Adams Board of Adjustment ATTEST: Crystal M. Tort Board of Adjustment Secretary r E:I' Staff Report To' the Members of the Planning & Zoning Commission Date: February 29, 2008 Agenda Item No: C -2 Subject: Board Appreciation Dinner Originated by: Bob Hart, City Manager Summary: The City Council will conduct a Board Appreciation Dinner, March 27, 2008 at 6:30PM. Please mark your calendars and plan to attend with a guest. Recommendation: Disposition by Commission: AM Staff Report To the Members of the Planning & Zoning Commission Date: February 29, 2008 Agenda Item No: C -3 Subject: Results of the Citizen's Opinion Survey Originated by: Bob Hart, City Manager Summary: There will be an Open Discussion on the results of the Citizen's Opinion Surveys and Implementation Models. Recommendation: Disposition by Commission: Citizen Input The* City of Kennedale December 2007 Early in 2007 the recently hired City Manager of Kennedale, Texas, approached the Dean and several professors at the School of Urban and Public Affairs, and asked if the School could assist the city in researching several new action initiatives. He was accompanied by the Mayor and a City Councilman- reflecting a new leadership that had been elected by the citizens of Kennedale and who had hired Bob Hart, one of the most outstanding professionals in the field to be their new City Manager. Their request fit perfectly into the community action teaching philosophy practiced at SUPA, and immediate plans were made to focus two fall 2007 classes on the Kennedale concerns. First, Professor James Kunde's class on Communication- assisted by Dean Richard Cole, designed a Water Bill citizen survey that could be sent out and tested for citizen interests and concerns. Second, the Communication Class conducted three focus groups to test out community interest and support for potential new action initiatives, At the same time, Professor Sherman Wyman utilized his Economic Development class to interview community business leaders and employ the results to guide the creation and deliberations of Kennedale Industry Council, The following summarizes the findings of the SUPA classes. CITIZEN SURVEY In general, public safety is most supported and appreciated and street maintenance most criticized, Most important, the survey has established a benchmark by which future efforts to improve services can be evaluated, Also important, was the response rate. The survey was enclosed with the water bill sent directly to approximately 2,500 households. The analysis was done on only returns received two weeks later - approximately 200. That is an amazing response rate. Kennedale is predominately a coininuter community — similar to its neighbors - e.g: Arlington and Mansfield; Typical voter turnouts in local elections are less than 10 percent and presence at most community events very sparse considering the population. The response rate to this survey suggests that Kennedale residents are very interested in what is going on in their community and are ready to have their opinions included. It also suggests that the water bill survey could become a successful ongoing annual analysis too, and maybe -it's a community ready to develop an exemplary interactive Web site. Analysis is presented in the body of this report. FOCUS GROUPS Included below are five separate focus group summary reports, each done by the Communication Class students after they were trained in how to facilitate and analyze focus groups. It is worthwhile to review each report separately for their specific insights into clues as to how future initiatives should be shaped. Taken as a whole, there are three distinct conclusions one can draw from the group interactions. First, the race track is a strongly perceived community asset that can be built upon to strengthen community image and build enthusiasm for related development. It was expected that the racetrack and the noise associated with it would be very controversial. This is not the case, and there is a strong base of enthusiasm for more promotion of the track and its events. Second, there is a clear opportunity to move aggressively toward a more "green community" through starting a recycling program similar to Arlington, and interestingly, pulling salvage yards into an aggressive recycling image rather than simply trying to get rid of them. Of course, there is support to clean up the pollution causing elements in the yards, but there is a clear feeling that the yards don't have to be all negative. Third, there is a real interest in establishing a vibrant town center — a la Granbury or Southlake, with an entrance way along 287 business bypass improved with medians, street lighting and family type restaurants. There was not a clear consensus on what the "center" itself could attract — except the image of a hardware store like Arlington Hardware (as contrasted to another Lowes or Home Depot). There are many other possibilities as noted by the students, but, clearly, the strong turnout and enthusiasm demonstrated by the focus group participants supports the survey result indications that Kennedale is ready to move forward. ECONOMIC DEVELOPMENT STRATEGIES Students from the University of Texas at Arlington conducted 17 interviews in October throughout Kennedale. The interview process was the first step in fostering a working relationship between the city and local industry representatives. The second step in the process was to bring business leaders together as an Industry Council to discuss common concerns and to create working relationships among industries. The City hopes to enlist the help of this group to move these recommendations forward into demographics, issues with city services, expectations of the city in the future and thoughts about an industry council. The aggregated responses to the interviews are reported in the Industry Interviews in the body of this report. CITIZEN SURVEY ANALYSIS One specific area for thoughtful attention is "parks." In the focus groups, parks also came into the spotlight — with some quite different opinions on the status of current efforts. This seems to suggest that parks could be an important opportunity area to focus on to achieve early visible results — especially in the further development of the central park area at the city center. In question 1 of the survey citizens were asked to grade the services provided by the City of Kennedale. Responses were combined into excellent/good and fair /poor categories. Following is a table of the responses. Service Excellent/Good Fair /Poor Police Services 79% 14% Fire & emergency Services 82% 4.5% Utility Services 54% 37% Streets /Transportation 27% 64% Library Services 57% 13% Animal Control 47% 34% Planning & Zoning 37% 45% Inspections 45% 26% Parks & Recreation 45% 40% Code Enforcement 39% 41% Police, Fire, and Emergency Services were highly regarded scoring 79% and 82% respectively. Streets and Transportation were scored Fair/Poor by 64% of the respondents. Parks and Recreation and Code Enforcement had almost equal percentages rating them excellent/good as those rating them Fair/Poor, . - - 910 In question 2 citizens were asked. to compare Kennedale with Arlington, Mansfield and Fort Worth. Responses were combined into Better /Same and Lower categories. Following is a table of the responses. Service Better /Same Lower Police Services 62% 12% Fire & emergency Services 61% 8% Utility Services 41% 33% Streets/Transportation 30% 44% Library Services 37% 26% Animal Control 44% 16% Planning & Zoning 36% 26% Inspections 36% 11% Parks & Recreation 30% 41% Code Enforcement 35% 22% Police and Fire/Emergency Services were comparable to ratings on nearby cities at 62% and 61 %. The two services that were perceived to be lower in Kennedale were Streets /Transportation and Parks and Recreation with a 44% and 41 % response rate. Responses to the questions about the quality and delivery of services reflected to the responses to the first two questions. Police, Fire and Emergency Services were rated Excellent /Good between 59% and 76% for all categories. Responses for Utility Services in particular for quality of garbage collection was 73 %, however for water quality, drainage, and resolution the response were evenly divided between Excellent /Good and Fair /Poor. Streets were rated Fair/Poor by a higher percentage of respondents than the, percentage of. ratings for Excellent /Good. Maintenance, Responsiveness, and Light Rail had Fair /Poor Responses of 69 %, 40 %, and 27% respectively. These are compared to an Excellent /Good percentage response of 29 %, 24 %, and 14 %. Library Services and Animal Control were rated on the positive side for all categories. r Planning and Zoning had Plus ratings for courtesy and residential development, but had a S2% Fair/Poor response rate for parkway development and a Fair/Poor response rate for appropriateness of city development. Inspections and Parks and Recreation both had response rates that were on the positive side although location of parIcs quality and availability of parks had Fair/Poor responses that were close in percentage to the Excellent /Good category. Code Enforcement received an Excellent/Good Response for Courtesy of 37% and a Fair /Good Response of 22 %. In the area of resolution the Excellent/good responses were 20% and the Fair/Poor responses were 30 %. Because only half of the citizens responded to this question it is difficult to extrapolate to the general population about the satisfaction or dissatisfaction with Code Compliance. Perhaps this is a question that could use some further research. Graphs which depict the results to each question are included in the appendix. f _ FIWI •1 rm_- a FOCUS GROUP SUMMARY By Avis Chaisson On Thursday, September 20, 2007 representatives from the City of Kennedale, City Manager Bob Hart and Councilman John Clark, met with graduate students from the University of Texas Arlington's School of Urban & Public Affairs to discuss issues concerning the following: v Race track — Community divided over development surrounding and noise generated by events. Is noise an issue? w City image — Sexually Oriented Business (SOBS) and junkyards; what is Kennedale's image? im Town center — What type of uses, architectural design? ig Provision & adequacy of services — How is the City of Kennedale performing and in comparison to neighboring cities? In order to determine how the citizenry of Kennedale feel about the abovernentioned issues, a two -prong approach was utilized to deliver quantitative and qualitative results. First, the students designed a survey that was mailed with Kennedale residents' water bill. The survey produced figures relating to services such as police, fire, utilities, library and the quality of streets /transportation. The survey not only allowed for understanding of how the City of Kennedale is performing but also provided perspective on Kennedale's performance in comparison to neighboring cities Arlington, Mansfield and Fort Worth. Next, to garner qualitative outcomes; three focus groups sessions were held on Thursday, November 8, 2007. Students under Professor Kunde's guidance devised questions regarding three main topics that are to initiate conversation: m Racetrack m Gateway into Kennedale (Business 287) m Town Center This report is a summary of the key metaphors (bold) that were introduced during the focus group sessions held on Thursday, November 8, 2007. Race Track: Interestingly, many of the participants described the race track as a source of comfort versus a nuisance in regards to noise levels with the exception, of residents, living in the Shady Creek neighborhood. The race track is considered a resource and efforts should be made to market the track and promote development (restaurants & hotels) surrounding the track in cooperation with owners. The race track can be a tremendous source of revenue. The participants find that the racetrack is an identifiable attraction for the City of Kennedale and when one thinks of Kennedale the first thought is race track. Finally, an element of participation can be introduced for families. RON Gateway (Business 287): In regards to junk & wrecking yards, the focus group attendees stated that the businesses themselves are not an issue and have paid their dues to the city; however for aesthetic purposes perhaps a uniform appearance could be applied tluough the use of fences. Concern was expressed with the possibility of contamination of groundwater by those who violated city codes. Businesses that do violate city code and contribute to pollution should be punished but those who are clean can be leaders in city beautification initiatives. Efforts stalled when discussing the possibility of developing a parkway such as River Legacy in Arlington to welcome visitors into the city. Participants; however, were interested in signage such as that displayed in Benbroolc and Burleson to welcome visitors. Also, consideration was given to improving intersections with lampposts, vegetation, and signage. Participants suggested that perhaps the city can partner with the independent school district for community service projects whereby students maintain intersections. Finally, dialogue focused on the fact that visitors do not stop in Kennedale along Business 287 because there are not any businesses to cater to traffic that flows through which mainly consists of thick drivers. Town Center: Many of the participants stated that the City of Kennedale does not have any historic . resources to develop a town center. However, if a town center were feasible, consideration should be given to ensuring that the development is representative of the city promoting small town feel and what is special to Kennedale and does not replicate a South Lake, Texas model. Attendees were quite adamant with the fact that the commercial activity should be quaint and not contain big box, chain or franchise development. Town Center should contain local businesses such as Mom & Pop's, a real hardware store, and family style dining. Consideration was given to the location specifically with the town center being sited near the Municipal Complex. Apprehension, mainly, centered on the fact that residential is concentrated toward the northeast heading out of the city and population is not dense enough to support retail. Other Topics of Discussion Provision of sidewalks is a_concern especially near schools. Partakers in the focus group express concern for safety and connectivity. One particular topic that generated much discussion is recycling. Many cited the Arlington program as a model example. Participants indicated the necessity for Kennedale to be leader in the green initiative. Next, code enforcement or the lack thereof, generated deep conversation. Many of the focus group contributors were unsure if code compliance officers existed. They also expressed frustration with lack of response from city hall and the inability to reach a live voice when complaining of code violations such. as height of grass or illegal dumping. Another complaint regarding city staff is the inability to see visible signs of progress. Participants expressed there is much effort to plan however many of the planning and activities involved are in vain because plans are never implemented. Attendees also expressed concern with city staff, especially key individuals such as fire chief, not f residing in Kennedale. If staff does not live in city, why would they care with appearance? Recommended Actions 1. Implementing a recycling program should be a priority because it would be a visible result or sign of progress. 2. Install a system where the citizenry can address complaints and /or concerns and not feel receiving the run around. Perhaps, employing an individual who is familiar with all departments or can direct customers to the appropriate individual to handle queries. A hot line where citizens can call to hear a live voice could also be a possible solution. This action will improve response levels at city hall. 3. Publicize completion or implementation of major plans or initiatives so residents can celebrate and observe signs of progress. t qZ. f i Some Observations: Preference for newer, contemporary design homes in low density neighborhoods, with house size not being a significant factor High level of attraction for older, bungalow style homes in established neighborhoods "McMansions" not highly desirable Do not like higher density single - family housing (Townhouse, ZLL, etc.) or older, smaller ranch style homes Some Observations: Preference for higher quality design and building materials Use of more than one primary building material, both vertical and horizontal articulation and architectural detailing desired Attention to landscape and sign design important Visual appeal and interest is a priority Some Observations: • Newer, larger scale facilities are preferable • Use of more muted colors appears to be an important factor influencing the appeal of the business • Modest landscaping and signage create a higher level of preference 93 1 Some Observations: Building design and architectural detail appear to be of greater importance than materials in determining preference Landscaping and the absence of parking at the front of a building improve the overall attractiveness and level of approval of the facility Some Observations: Newer, larger sites with well designed structures and parking areas, having landscape improvements are more desired for Auto Sale uses Prefer well screened Salvage Yard operations with paved parking and landscaping Noise and traffic problems are of greater concern for Race Tracks than visual quality Some Observations: Prefer solid, masonry fencing that effectively shields intended activities Fences having a design pattern are preferable Landscaped parking lots (both internal and at edge) containing well placed tree islands are preferred Landscape areas having trees and shrubs in front of buildings and between street and parking lots receive highest approval ratings 9N 0 i i Some Observations: Most desired Streetscapes have landscaped medians, street trees and a minimum of overhead utilities and wires Love scale, individual tenant free standing signs are preferred Multiple signs per site or large, garish signs receive lows ratings M 3 Parks Plan i Strongly Dlelike: 2 2% % Strongly Dislike: Dislike; 9 13% OK: 32 47% Prefer: 12 17% strongly Prefer: 5 7% 3 Comments: Would like a trail connecting existing parks; — — it Need more parks; Main City _ i Park in in an unsafe, low rent district M 3 Staff Report To the Members of the Planning & Zoning Commission Date: February 29, 2008 Agenda Item No: C -4 Subject: Discussion of roles, duties, expectations, and training of the Board of Adjustment Members. Originated by: Bob Hart, City Manager Summary: The Council through the Governance Guidance Team has requested each board to generate a job description for Board Members in order to clarify roles, expectations, and training for each member of the different Boards. Among the issues which the staff anticipates, needs to be a discussion on training, orientation, intercity cooperation, and scope of responsibilities of the Board of Adjustment Members. Recommendation: Disposition by Commission: f fro In T.1 gll a �' '4 G L 7 -1 qq 41 1 Lu �q F� 0 V tj cu 'to q r. A ty MW Y(C�7i Idl �,.= ate Ml 0 4& 'm MO.- -P N Ll F M F7 lb 576 i 7� it R fit. 5 4A C) 0 6 :43 7-- . �p ta lcr a- k. 3 :5 6 U I - w v 77' m im C3 SD Z. r 4b M a4c sr ET 9 . - R tiw C-4 M 0 fp ILI, CP A 'D m - c � -b q ?r a 0 jr a '70 5 -M CL "p TV ET W S fD ' a 3m 0 O CL n In f IT 7T w 77 17 ml :I -�j 21 ta to 157 kit -r- 66 a 7T M a ta wb ;T it, 0 77 to FIR fit 10 it vo it t 5 CL P6 4v C P j pv� X 7 (p :E NX. a AT 2 U 1 4� Q4 73 9 0 =r 7 n 5; J1 CL El r ,. F — a v ut 21 Cr 42� 93 ru 'a IME - EF gg - �tg 25"u tt 0 t ca 2i fl, E 71 Ll c 21 Egi C7 7 -. tu 3 Ell R- c 5 fit 2-1 El -C d, IT t" Li u j7 lJT I- Eli ul CL ` rm 66 fa 99 - Sec. 17 -430. Board of adjustment. (a) Organization of board of adjustment. (1) There is hereby created a board of adjustment which shall consist of five (5) members who are residents of the city, each to be appointed by the city council for a staggered term of two (2) years and removable for cause by the city council. The city council shall designate one (1) member as chairperson. Vacancies shall be filled for the unexpired term of any member whose place becomes vacant for any cause, in the same manner as the original appointment was made. Provided, however, that the city council mayappoint up to four (4) alternate members of the board who shall serve in the absence of one (1) or more of the regular members when requested to do so by the chairperson of the board, the city manager or the mayor. All cases to be heard by the board will always be heard by a minimum of four (4) members. Alternate members shall serve a term of two (2) years and any vacancy shall be filled in the same manner. Alternate members are subject to removal the same as the regular members. (2) The board shall adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this article or state law. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine, and in accordance with the Texas Open Meetings Law. The chairperson, or in his or her absence, the vice - chairperson or acting chairperson, may administer oath and compel the attendance of witnesses. (3) The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep record of its examinations and other official actions, all of which shall be immediately filed in the office of the city secretary and shall be a public record. (b) Appeals to the board. (1) Appeals to the board can be taken by any person aggrieved by any zoning decision of the city manager or his or her designated zoning administrator or by any officer or department of the city. Such appeal shall be filed within fifteen (15) days after the decision has been rendered by the city manager or administrative officer by filing with the city secretary and with the board of adjustment, a notice of appeal specifying the grounds thereof. The administrative officer or department from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the records upon which the action appealed from was taken. (2) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the city manager or designated administrative officer from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him or her, that by reasons of facts stated in the certification, a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown. (3) No appeal to the board for the same or related special exception or variance on the same piece of property shall be allowed prior to the expiration of one hundred eighty (180) days from a previous ruling of the board on any appeal to such body unless other property in the immediate vicinity has, within the said one - hundred - eighty -day period, been changed or acted on by the board or city council so as to alter the facts and conditions on which the previous board action was based. Such change of circumstancesshall permit the re- hearing of an appeal by the board, prior to the expiration of one - hundred - eighty -day period, but such conditions shall in no way have I i any force in law to compel the board, after a hearing, to grant a subsequent appeal. Such subsequent appeal shall be considered entirely on its merits and the peculiar and specific conditions related to the property on which the appeal is brought. (4) At a public hearing relative to any appeal, any interested party may appear in person or by his or her agent or attorney. The burden of proof shall be on the applicant to establish the necessary facts to warrant favorable action of the board on any appeal or variance request. Any special exception or variance granted or authorized by the board under the provisions of this article shall authorize the issuance of a building permit or certificate of occupancy, as the case may be, for a period of ninety (90) days from the date of the favorable action of the board unless said board shall have in its action approved a longer period of time and has so shown such specific longer period in the minutes of its action. If the building permit and /or certificate of occupancy shall not have been applied for within said ninety -day period or such extended period as the board may have specifically granted, then the special exception or variance shall be deemed to have been waived and all rights thereunder terminated. Such termination and waiver shall be without prejudice to a subsequent appeal and such subsequent appeal shall be subject to the same regulation and requirement for hearing as herein specified for the original appeal. (c) Actions of the board. (1) In exercising its powers, the board may, in conformity with the provisions of the statutes of the State of Texas, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination as ought to be made and shall have all the powers of the city manager or other administrative official from whom the appeal is taken. The board shall have the power to impose reasonable conditions to be complied with by the applicant. (2) The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of the city manager or other administrative official, or to decide in favor of the application for a specific use permit on any authorized special exception use., or to effect any variance. (d) Notice of hearing before board required. The board shall hold a public hearing on all appeals, requests for special exception uses, and variance requests made to it and written notice of such public hearings shall be sent to the applicant and all other persons who are owners of real property lying within two, hundred (200) feet of the property on which the appeal is made. Such notice shall be given no less than ten (10) days before the date set for hearing to all such owners who have rendered their said property for city taxes as the ownership appears on the last city tax roll. Such notice may be served by depositing the same properly addressed and postage paid in the United States post office. Notice shall also be given by publishing the same in the official publication of the city at least ten (10) days prior to the date set for hearing, which notice shall state the time and place of such hearing. Additionally, the city manager should erect a sign on the property on which a specific use permit or variance has been requested. The sign shall be erected adjacent to a street if possible and in a conspicuous place. The sign should have an area of four (4) or more square feet. The sign should state that a request for a special exception or variance has been made on that particular property and the telephone number of the city offices from where dates of public hearings and more information about the zoningrequest may be obtained. The sign should be erected prior to the hearing as early as possible and convenient. The erection and continued maintenance of this sign, however, shall not be deemed a condition precedent to the granting of any zoning variance, special exception, or the holding of any public hearing. (e) Jurisdiction of board. When, in its judgment the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the board may, in specific cases, after public notice and public hearing 106 and subject to appropriate conditions and safeguards, take the following action: (1) Hear and decide appeals where it is alleged there is error on any order, requirement, decision or determination made by the city manager, the other zoning administrator, or other city official in the enforcement of this article; (2) Hear appeals on zoning boundary disputes; (3) Initiate on its motion or cause presented by interested property owner's action to abate, remove, limit or terminate a nonconforming use; (4) Require the discontinuance of a nonconforming use or building under a reasonable plan whereby the owner's investment in the nonconforming use or building can be recouped through amortization over a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this article; (5) Permit the expansion or extension of a nonconforming use in accordance with the provisions of section 17 -428; (6) Within the limits prescribed in section 17 -428, the board may review nonconforming uses which have been abandoned or discontinued to determine whether such uses should be allowed to resume operation. Such action by the board shall consider any unnecessary hardship on the property owner if the use is discontinued and shall have due regard for the public welfare, the character of the area surrounding such use, and the conservation, preservation and protection of surrounding properties and their values. (7) Permit the repair or reconstruction and occupancy of a nonconforming building or a building containing a nonconforming use where the building has been destroyed in excess of fifty (50) percent but less than the total value as provided in section 17 -428, provided such reconstruction does not, in the judgment of the'board, prevent the return of such property to a conforming use or increase the nonconformity of a nonconforming building beyond what is permitted by section 17 -428. Such action by the board of adjustment shall have due regard for the property rights of the person or persons affected, when considered in light of the public welfare, the character of the area surrounding such structure, and the conservation, preservation and protection of surrounding properties and their values. (8) Require the vacation and demolition of a nonconforming structure which is deemed to be obsolete, dilapidated or substandard; (9) Permit variances to the development regulations in this article such as the front yard, side yard, rear yard, lot width, lot depth, lot coverage, minimum setback, off - street parking, off - street loading, lot area, maximum height, or other building regulations, where the literal enforcement of the provisions of this article would result in an unnecessary hardship, or where such variance is necessary to permit the reasonable development of a specific parcel of land which differs from other parcels of land in the same district by being of such area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district; and (10) To hear and decide any special exceptions authorized by this article. a. Construction of an accessory building in the R -1, R -2, R -3, Duplex and Old Town districts with an exterior building material other than wood, stone, brick or vinyl siding. (11) Allow the continuance for a specified amount of time of a nonconforming building or use of a building or land for more than three (3) years after the date the building or use becomes nonconforming in accordance with the provisions of section 17 -428, upon a showing that the owner has not recouped the owner's investment in the nonconforming t� building or use over the three -year period. (f) Appeals of board action. Any person or persons, jointly or severally aggrieved by any decision of the board, any taxpayer or any officer, department, or board of the municipality may present to a court of record (district court) a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality. Such petition shall be presented to the court within ten (10) days after the decision of the board and not thereafter. (g) Authorized special exceptions. In addition to those special exception uses authorized in section 17 -421, the board may consider the following special exceptions, subject to the standards and requirements of this section and section 17 -422: (1) Accessory building with an exterior building material other than wood, stone, brick or vinyl siding. Districts where permitted: R -1, R -2, R -3, D, OT. (2) Satellite antennas (whether receive -only or transmission) that exceed one (1) meter in diameter in a residential zoning district or two (2) meters in diameter in a non- residential zoning district, subject to the following conditions: a. A satellite antenna may be placed on the roof of a residential structure provided it is not placed on the side of the roof that faces a public street unless this would cause an unreasonable increase in the cost of installing, maintaining or using the antenna or would prevent reception of an acceptable quality signal. A satellite antenna may be placed on the roof of a nonresidential structure if screened from public view from line of sight at ground level from the property line. b. The satellite antenna shall not be permitted in front or side yards. The satellite antenna shall be permitted in the rear yard provided it meets the minimum setback as is required for accessory buildings in residential districts and as for all buildings in nonresidential districts. c. Satellite antennas shall not be permitted in easements. d. No auxiliary or outdoor lighting shall be allowed on the satellite antenna except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission. e. No part of an antenna, or any attachment thereto may extend beyond the property lines of the owner of such antenna site. (Ord. No. 40, 9 -9 -93; Ord. No. 51, § 2, 6 -6 -94; Ord. No. 169, § 10, 1- 18 -99; Ord. No. 187, § 5, 3 -9 -00; Ord. No. 198, § 2, 8- 14 -00; Ord. No. 199, §§ 1, 2, 8- 14 -00) 10 2 LOCAL GOVERNMENT CODE TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY CHAPTER 211. MUNICIPAL ZONING AUTHORITY SUBCHAPTER A. GENERAL ZONING REGULATIONS 103 § 211.008. BOARD OF ADJUSTMENT. (a) The governing body of a municipality may provide for the appointment of a board of adjustment. In the regulations adopted under this subchapter, the governing body may authorize the board of adjustment, in appropriate cases and subject to appropriate conditions and safeguards, to make special exceptions to the terms of the zoning ordinance that are consistent with the general purpose and intent of the ordinance and in accordance with any applicable rules contained in the ordinance. (b) A board of adjustment must consist of at least five members to be appointed for terms of two years. The governing body must provide the procedure for appointment. The governing body may authorize each member of the governing body, including the mayor, to appoint one member to the board. The appointing authority may remove a board member for cause, as found by the appointing authority, on a written charge after a public hearing. A vacancy on the board shall be filled for the unexpired term. (c) The governing body, by charter or ordinance, may provide for the appointment of alternate board members to serve in the absence of one or more regular members when requested to do so by the mayor or city manager. An alternate member serves for the same period as a regular member and is subject to removal in the same manner as a regular member. A vacancy among the alternate members is filled in the same manner as a vacancy among the regular members. (d) Each case before the board of adjustment must be heard by at least 75 percent of the members. (e) The board by majority vote shall adopt rules in accordance with any ordinance adopted under this subchapter. Meetings of the board are held at the call of the presiding officer and at other times as determined by the board. The presiding officer or acting presiding officer may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. (f) The board shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The board shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the board's office and are public records. (g) The governing body of a Type A general -law municipality by ordinance may grant the members of the governing body the authority to act as a board of adjustment under this chapter. Acts 1987, 70th Leg., ch. 149, 9 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 126, § 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 724, § 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 363, § 1, eff. Sept. 1, 1997. § 211.009. AUTHORITY OF BOARD. (a) The board of adjustment may: (1) hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this subchapter or an ordinance adopted under this subchapter; (2) hear and decide special exceptions to the terms of a zoning ordinance when the ordinance requires the board to do so; (3) authorize in specific cases a variance from the terms of a zoning ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done; and (4) hear and decide other matters authorized by an ordinance adopted under this subchapter. (b) In exercising its authority under Subsection (a)(1), 104 the board may reverse or affirm, in whole or in part, or modify the ' administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official. (c) The concurring vote of 75 percent of the members of the board is necessary to: (1) reverse an order, requirement, decision, or determination of an administrative official; (2) decide in favor of an applicant on a matter on which the board is required to pass under a zoning ordinance; or (3) authorize a variation from the terms of a zoning ordinance. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 126, § 2, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 724, § 2, eff. Aug. 28, 1995. § 211.010. APPEAL TO BOARD. (a) Except as provided by Subsection (e), any of the following persons may appeal to the board of adjustment a decision made by an administrative official: (1) a person aggrieved by the decision; or (2) any officer, department, board, or bureau of the municipality affected by the decision. (b) The appellant must file with the board and the official from whom the appeal is taken a notice of appeal specifying the grounds for the appeal. The appeal must be filed within a reasonable time as determined by the rules of the board. On receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record of the action that is appealed. (c) An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the board facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the board or a court of record on application, after notice to the official, if due cause is shown. (d) The board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The board shall decide the appeal within a reasonable time. (e) A member of the governing body of the municipality who serves on the board of adjustment under Section 211.008(g) may not bring an appeal under this section. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 363, § 2, eff. Sept. 1, 1997. § 211.011. JUDICIAL REVIEW OF BOARD DECISION. (a) Any of the following persons may present to a district court, county court, or county court at law a verified petition stating that the decision of the board of adjustment is illegal in whole or in part and specifying the grounds of the illegality: (1) a person aggrieved by a decision of the board; (2) a taxpayer; or (3) an officer, department, board, or bureau of the municipality. (b) The petition must be presented within 10 days after the date the decision is filed in the board's office. (c) On the presentation of the petition, the court may grant a writ of certiorari directed to the board to review the board's M decision. The writ must indicate the time by which the board's return must be made and served on the petitioner's attorney, which must be after 10 days and may be extended by the court. Granting of the writ does not stay the proceedings on the decision under appeal, but on application and after notice to the board the court may grant a restraining order if due cause is shown. (d) The board's return must be verified and must concisely state any pertinent and material facts that show the grounds of the decision under appeal. The board is not required to return the original documents on which the board acted but may return certified or sworn copies of the documents or parts of the documents as required by the writ. (e) If at the hearing the court determines that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence as directed. The referee shall report the evidence to the court with the referee's findings of fact and conclusions of law. The referee's report constitutes a part of the proceedings on which the court shall make its decision. (f) The court may reverse or affirm, in whole or in part, or modify the decision that is appealed. Costs may not be assessed against the board unless the court determines that the board acted with gross negligence, in bad faith, or with malice in making its decision. (g) The court may not apply a different standard of review to a decision of a board of adjustment that is composed of members of the governing body of the municipality under Section 211.008(8) than is applied to a decision of a board of adjustment that does not contain members of the governing body of a municipality. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 363, § 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 646, § 1, eff. Aug. 30, 1999. § 211.012. ENFORCEMENT; PENALTY; REMEDIES. (a) The governing body of a municipality may adopt ordinances to enforce this subchapter or any ordinance or regulation adopted under this subchapter. (b) A person commits an offense if the person violates this subchapter or an ordinance or regulation adopted under this subchapter. An offense under this subsection is a misdemeanor, punishable by fine, imprisonment, or both, as provided by the governing body. The governing body may also provide civil penalties for a violation. (c) If a building or other structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or if a building, other structure, or land is used in violation of this subchapter or an ordinance or regulation adopted under this subchapter, the appropriate municipal authority, in addition to other remedies, may institute appropriate action to: (1) prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; (2) restrain, correct, or abate the violation; (3) prevent the occupancy of the building, structure, or land; or (4) prevent any illegal act, conduct, business, or use on or about the premises. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. § 211.013. CONFLICT WITH OTHER LAWS; EXCEPTIONS. (a) If a zoning regulation adopted under this subchapter requires a greater width or size of a yard, court, or other open space, 00 requires a lower building height or fewer number of stories for a building, requires a greater percentage of lot to be left unoccupied, or otherwise imposes higher standards than those required under another statute or local ordinance or regulation, the regulation adopted under this subchapter controls. If the other statute or local ordinance or regulation imposes higher standards, that statute, ordinance, or regulation controls. (b) This subchapter does not authorize the governing body of a municipality to require the removal or destruction of property that exists at the time the governing body implements this subchapter and that is actually and necessarily used in a public service business. (c) This subchapter does not apply to a building, other structure, or land under the control, administration, or jurisdiction of a state or federal agency. (d) This subchapter applies to a privately owned building or other structure and privately owned land when leased to a state agency. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 476, § 1, eff. June 18, 1999. 101 AGENDA BOARD OF ADJUSTMENT REGULAR MEETING - MARCH 4, 2008 KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR. COUNCIL CHAMBERS 7:00 PM CALL TO ORDER ROLL CALL BRIAN CASSADY CHARLES GRAY V RICK ADAMS TO- PATRICK VAD7EJ LINDA ELAM A. 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 B. CONSIDER BOA CASE # 08 -01 An appeal to the City's Administrations decision to revoke the Certificate of Occupancy of T.F. Relocators, Inc. located at 6901 Mansfield Cardinal Rd based upon the determination that T.F. Relocators operates the property as a "motor freight terminal" and storage facility for company vehicles. The legal description of the property is Block Lot 4 of the Jesse Russell Survey per Plat B 1247 in the City of Kennedale, Tarrant County, Texas. 1) STAFF PFE , ENTATION OF CASE hk In 2) PUBLIC COMMENTS �� '�,� � �� ��aSe 1 a \n I No S® OLUM fl � �bc IrS vs qucsl -6 a exk Vlsi wnSt - �aafi�rs 3) APPLICANT PRESENTATION OF CASE i 4) STAFF RESPONSE AND SUMMARY OF CASE 5) ACTION ON CASE u#-_, Moboy) `)naa mks 3 C. REGULAR ITEMS 1) Approval of Minutes dated July 10, 2007. f 3) Results of the Citizen's Opinion Survey and Implementation Models 9H�� k T O�� 4) Discussion of roles, duties, expectations, and training for the Board of Adjustment Members ®� do nVIV) Ht" --- cmc A DF r, a un(D I , )Ud fdod b oa0 -°7 not w Li, y--► now,