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2007_05.01 BOA PacketNOTICE OF KENNEDALE BOARD OF `t 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 1St day of May 2007, 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 27th day of April 2007. 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 April 27, 2007, at 12:00 o'clock P.M., and remained so posted continuously for at least 72 hours preceding the scheduled time of said Meeting. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, are requested to contact the undersigned at (817) 483 -1297 five (5) work days prior to the meeting so that appropriate arrangements can be made. 14 n Dated this the 27th day of April 2007. M Lisa °Dawn Cabrera Board of Adjustment Secretary AGENDA BOARD OF ADJUSTMENT REGULAR 11 MUNICIPAL KENNEDALE BUILDING 405 MUNICIPAL . COUNCIL 11 PM CALL TO ORDER ROLL CALL A. EXECUTIVE SESSION The BOA will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meeting Act, including discussion of any item posted on the agenda and legal issues regarding amortization of nonconforming uses; and litigation, settlement offers, and /or claims regarding the follow matters: a. Orientation of New Members b. Compliance of Business 287 District Overlay c. Non - Compliance Issues B. RECONVENE INTO CHAMBERS Reconvene into chambers for regular session and consider action, if any, on items discussed in Executive Session. C. VISITORS /CITIZENS FORUM At this time, any person with business before the Board of Adjustment not scheduled on the Agenda may speak to the Commission, 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 Chairman, 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. D. PUBLIC HEARING 1) BOA 07 -03 to receive citizen's comments for a Special Exception to the City Code Section 17 -421 to allow for a temporary construction office trailer in C -1 (Restricted Commercial) at 4800 W Interstate 20. Legal description being the proposed lots 1 - 4, Block 1 of the Southwest Crossing Addition, in the Cities of Arlington and Kennedale, Tarrant County, Texas and the current legal description being a portion of Lot 3, Block 2 of the Treepoint Addition in the Cities of Arlington and Kennedale, Tarrant County, Texas and also being a 21.497 acre tract of land situated in the MP Lamar Survey, Abstract 987, the Lawrence Ramey Survey, Abstract 1336, and the David Strickland Survey, Abstract 1376, Cities of Arlington and Kennedale, Tarrant County, Texas, as requested by Emerson Construction Company, Inc. 2) BOA 07 -04 to receive citizen's comments for a Special Exception to the City Code Section 17 -421 to allow for a convenience store with a gas station in C -1 (Restricted Commercial) at 105 W Kennedale Parkway. Legal description being Lot 1A, Block 23 in the City of Kennedale Addition in the City of Kennedale, Tarrant County, Texas as requested by VRV Corporation. E. REGULAR ITEMS 1) Approval of Minutes dated March 6, 2007. PAGE 3 2) BOA 07 -03 to consider approval of a Special Exception to the City Code Section 17 -421 to allow for a temporary construction office trailer in C -1 (Restricted Commercial) at 4800 W Interstate 20. Legal description being the proposed lots 1 - 4, Block 1 of the Southwest Crossing Addition, in the Cities of Arlington and Kennedale, Tarrant County, Texas and the current legal description being a portion of Lot 3, Block 2 of the`Treepoint Addition in the Cities of Arlington and Kennedale, Tarrant County, Texas and also being a 21.497 acre tract of land situated in the MP Lamar Survey, Abstract 987, the Lawrence Ramey Survey, Abstract 1336, and the David Strickland Survey, Abstract 1376, Cities of Arlington and Kennedale, Tarrant County, Texas, as requested by Emerson Construction Company, Inc. PAGE 7 3) BOA 07 -04 to consider approval of a Special Exception to the City Code Section 17 -421 to allow fora convenience store with a gas station in C -1 (Restricted Commercial) at 105 W Kennedale Parkway. Legal description being Lot 1A, Block 23 in the City of Kennedale Addition in the City of Kennedale, Tarrant County, Texas as requested by VRV Corporation. PAGE 19 F. ADJOURNMENT W Date: April 20, 2007 Item: E -1 Subject: Approval of Minutes Attached for your review are the minutes from the Regular Meeting dated March 6, 2007. Originated by: Disposition by Board Lisa Dawn Cabrera BOA Secretary -3� Chairman Adams called the meeting to order at 7:00 p.m. Members present: Rick Adams, Charles Overstreet, Charles Gray, Patrick Vader, and Linda Elam Members absent: Brian Cassady, Cheryl Abbott, 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. REGULAR ITEMS 1) Approval of Minutes dated February 6, 2007. Mr. Vader made a motion to approve the minutes, seconded by Mrs. Elam. Motion passed. 2) BOA 06 -20 to consider approval of a Variance to the City Code Section 17 -508 (a), to allow for a marquee sign in R -3 District (Single Family Residential) at James A Arthur Intermediate School located at 100 Mistletoe Drive. Legal description being Tract 2133 & 2138 of the E R Mingus Survey, Abstract 1075 and Lots 7 -12, Block K of the Crestdale Addition, and Lot 1A, Block L of the Crestdale Addition in the City of Kennedale, Tarrant County, Texas as requested by Kennedale Independent School District. This item was tabled at the February 6, 2007 meeting. Mr. Biondi, 100 Mistletoe, Kennedale, Tx, representing the School District addressed the Board with a new design for the sign and explained the differences between the proposed sign and f the sign at the High School. Mr. Ford, informed the Board about the construction of the sign and the materials that will be used to make the sign. -14- After much discussion among the Board and the applicants a motion was made. Mr. Vader made a motion to approve the sign as presented at tonight's meeting. This motion was seconded by Mrs. Elam. Motion passed with a vote of four (4) to one (1) with Mr. Gray opposing. E. ADJOURNMENT Chairman Adams adjourned the meeting at 7:18 pm. ATTEST: Lisa Dawn Cabrera Board of Adjustment Secretary Chairman, Rick Adams Board of Adjustment Monday, April 10, 2007 / Date: April 20, 2007 Item: E -2 Subject: BOA 07 -03 - Special Exception - 4800 W. Interstate 20 :•� 1 1 Emerson Construction is requesting, a "Special Exception" to allow a Temporary Construction Office per Sec. 17 -421 (Schedule of Uses and Off - Street Parking Requirements). This proposed temporary construction office will be located in Lot 2, Block 1 of Southwest Crossing Addition per attached site plan. This is located at the development site of the new Wal -Mart at the southwest corner of Little Road and Interstate 20 with Lot 2 being one of the three pad sites that will be available for future development along Little Road. The property is zoned C -1 (Restricted Commercial). The proposed building will be a 12' X 70' modular construction trailer normally used at construction sites ! of this nature. It will be used as a typical construction office along with a controlled access to the construction site. This is for the site development and the Wal -Mart building construction with a planned removal date of January 31, 2008. Attached and highlighted is a copy of the referenced ordinance for your information. Originated by: Disposition by Board James E. Cowey Building Official _q ®. lk • ` - 9 • - Jffiffi APPLICATION FOR SPECIAL EXCE Name Emerson Construction Company, Inc. Work Phone 254- 534 -0866 Cell Home Office 254 -939 -1863 Mailing Address 4502 Twin City Blvd /PO Box 1888, Temple, TX 76503 Owner: Name Wal -Mart Stores, Inc. Work Phone 479 - 426 -0087 Home N/A Mailing Address 2001 SE 10th Street, Bentonville, AR 72716 4V Wy Property Location '' '�_� ' T ; t_ }' L _ -' /nlimhcr anti .�'frP.Ptl Legal Description Lots 1, 2, 3, and 4. Block 1 Southwest Crossing Addition /i .+ Rlnrlc R Giihrlivisionl Note: Attach metes and bounds description if property is not platted. Zoning District Describe Special Exception requested: To allow temporary office trailer for Emerson personnel during the construction of the .new - Hi previous application or appeal been filed on this property? Yes No X Date: Identify any requirements of Section 17 -422, Kennedale City Code that cannot be met. Give reason (s) why the requirement (s) cannot be met. Use back of this form if additional space is needed. I declare that the above is true and correct. nature of Applicant FOR STAFF USE ONLY Indicate any potential injurious affect on the public health, safety, or welfare. 4 -2 -07 Date ndicate if the uses, values or enjoyment of other property in the neighborhood would be impaired or diminished Dy he proposed use Will the proposed use: impede normal and orderly development? include adequate utilities, access roads, drainage and other necessary site improvements? provide ingress or egress so as to minimize traffic congestion in public streets? conform to all applicable area, yard, height, lot coverage, building size and exterior requirements and parking space regulations of the district in which it is located? Comments prova give reason: Admi If you are seeking a special exception to the zoning ordinance we need the following information to process the application; The permitted exceptions for seeking a Special Exception are uses not allowed in the district for which you are seeking the following; • Masonry requirements. • Signage. • Landscaping. 1. Is this a use not allow in the district you are seeking? Yes or No 2. Is this a remodel of an existing structure? Yes o No 3. Is this new construction? 8or No 4. Please explain the reason and circumstances for the Special Exception requested. This exception is requested to allow Emerson Construction to places an office trailer on the new Wal -Mart Store 43284 construction site wh; h is currently permitted under a City of Kennedale Conditional Use Permit and a interlocal agreement with the City of Arlington, TX. Date: April 2, 2007 Phone # (254 ) 939 -1863 0 • I • A . 0 e 2' Case #BOA Property Address: U.S. Highway 287 & Little School Road (Proposed Wal -Mart Supercenter) Legal Description: Lots 1 -4 - Southwest Crossing Addition/ M.P. Lamar Abst 987, Lawrence Ramey Survey, Abst. 1336, David Strickland Survey, Abst. 1376 Applicant: Emerson Construction Type of BOA request: Permission for use of Office Trailer during Construction I , 62AvO 6, Tl^ U/?, , current owner of above mentioned property, authorize the applicant or his authoVized .representative to make application for the Kennedale Board of Adjustment to consider granting the above reference request on my behalf and to appear before the Board. Owner Signature: Date: 3 "NOTARYSEAL" C LEY State of A k ®s s, Be ® on County My Commission Expires 11/1/2015 LO co r63 �r N r O CIS C� s L°nI Vo cli C v { N M co ED a ( M C Q ! Qa Q /^ Ln Inn a ti t N L. co < 'UDiA 9 A U 11 S �F _00 c� Of p� *�vNv7 a z 1 =- yT_LL —! :KENfy —ALE CITY 4i 1 . F ARLINGT N CITY LIMITS 4 x to a *� K v to d ui a U a ; Un N r[O r co f e' F- I- N M d F N I N 1 P � r � a e � N B 'o r M N 4 ,I Notes to schedule of uses: (1) Allowed with mini - warehouse use only. (2) Home occupations are permitted when in accordance with section 17 -423 hereof. Home occupations not specifically permitted in section 17 -423 may be permitted only with a specific use permit. (3) Allowed for a period of one (1) year or until the development is sold out, whichever is longer. (4) "Large retail facility" shall mean: A facility offering retail sales and/or services, whether occupied by one or multiple tenants, that is comprised of more than fifty thousand (50,000) square feet of floor area, which includes gross floor area, outdoor storage areas, and any outside area that provides associated services to the public, including without limitation outdoor merchandise display. The floor area does not include outdoor motor vehicle parking or loading areas. In addition to other parking regulations that apply, parking for a large retail facility is permitted only as an accessory use, and is allowed only when immediately adjacent to a large retail facility that is located within the corporate limits of the city. This requirement may be waived by the city council at the time of approval of the conditional use permit for the large retail facility and/or parking area where the large retail facility is to be developed pursuant to an interlocal agreement which places development controls on the facility. (Ord. No. 40, 9 -9 -93; Ord. No. 108, § 3, 10- 10 -96; Ord. No. 134, § 1, 6- 12 -97; Ord. No. 133, § 3, 7- 20 -97; Ord. No. 169, § 5, 1- 18 -99; Ord. No. 187, § 3, 3 -9 -00; Ord. No. 197, §§ 1 -3, 9- 14 -00; Ord. No. 212, § 1, 4- 12 -01; Ord. No. 286, § 1, 1- 13 -05) Sec. 17.422. Special exceptions. (a) Standards. No application for a special exception shall be granted by the board of adjustment unless the board finds all of the following conditions are present: (1) That the establishment, maintenance or operation of the use will not be materially detrimental to or endanger the public health, safety, morals or general welfare; AG R -1 R -2 R -3 OT D MF MH C -1 C -2 I Parking Television transmitting station See Sec, 17- S S S 416(e) Temporary construction office S "S" S S S S S S S S '> X None Textile manufacturing See Sec. 17- X 416(e) Tire manufacturing See Sec. 17- S 416(e) Tire recapping plant See Sec. 17- S 416(e) Vehicle conversion facility See Sec. 17- X X 416(e) Warehouse See Sec. 17- S X 416(e) Welding Shop See Sec. 17- S X 416(e) Notes to schedule of uses: (1) Allowed with mini - warehouse use only. (2) Home occupations are permitted when in accordance with section 17 -423 hereof. Home occupations not specifically permitted in section 17 -423 may be permitted only with a specific use permit. (3) Allowed for a period of one (1) year or until the development is sold out, whichever is longer. (4) "Large retail facility" shall mean: A facility offering retail sales and/or services, whether occupied by one or multiple tenants, that is comprised of more than fifty thousand (50,000) square feet of floor area, which includes gross floor area, outdoor storage areas, and any outside area that provides associated services to the public, including without limitation outdoor merchandise display. The floor area does not include outdoor motor vehicle parking or loading areas. In addition to other parking regulations that apply, parking for a large retail facility is permitted only as an accessory use, and is allowed only when immediately adjacent to a large retail facility that is located within the corporate limits of the city. This requirement may be waived by the city council at the time of approval of the conditional use permit for the large retail facility and/or parking area where the large retail facility is to be developed pursuant to an interlocal agreement which places development controls on the facility. (Ord. No. 40, 9 -9 -93; Ord. No. 108, § 3, 10- 10 -96; Ord. No. 134, § 1, 6- 12 -97; Ord. No. 133, § 3, 7- 20 -97; Ord. No. 169, § 5, 1- 18 -99; Ord. No. 187, § 3, 3 -9 -00; Ord. No. 197, §§ 1 -3, 9- 14 -00; Ord. No. 212, § 1, 4- 12 -01; Ord. No. 286, § 1, 1- 13 -05) Sec. 17.422. Special exceptions. (a) Standards. No application for a special exception shall be granted by the board of adjustment unless the board finds all of the following conditions are present: (1) That the establishment, maintenance or operation of the use will not be materially detrimental to or endanger the public health, safety, morals or general welfare; i, Q cr O H O II� Q 1 � aw s r+) 0�:rn Loa � M ~ O 4 W U h LO 0 e ® a 1 1 <0 1 N 1 1 1 U 1 Q � cli < I, oll 1 � N 1 M ♦ . OW RCS Very Low Density Residential Low Density Residential Medium Density Residential C=-) Housing Multifamily Residential (Apt.) C" > Parks / Open Space � Public / Semi - Public GEM Commercial / Retail & Office Light Indutrial Industrial NMI W14 Landscape Buffer Area —)S q ,At -Grade Railroad Crossing Alternative designs need to be researched & an optimal location for a grade separated Railroad Grossing needs to be determined Entry Feature Dear «Title» ((Last —Name)): The Kennedale Board of Adjustment will hold a Public Hearing on Tuesday, May 1, 2007 at 7:00 pm at the Kennedale City Hall, 405 Municipal Drive, Kennedale, TX, 76060. BOA 07 -03 to receive citizen's comments for a Special Exception to the City Code Section 17- 421 to allow for a temporary construction office trailer in C -1 (Restricted Commercial) at 4800 W Interstate 20. Legal description being the proposed lots 1 - 4, Block 1 of the Southwest Crossing Addition, in the Cities of Arlington and Kennedale, Tarrant County, Texas and the current legal description being a portion of Lot 3, Block 2 of the Treepoint Addition in the Cities of Arlington and Kennedale, Tarrant County, Texas and also being a 21.497 acre tract of land situated in the MP Lamar Survey, Abstract 987, the Lawrence Ramey Survey, Abstract 1336, and the David Strickland Survey, Abstract 1376, Cities of Arlington and Kennedale, Tarrant County, Texas, as requested by Emerson Construction Company, Inc. According to Tarrant County Tax Records, you are the owner of real property within the area or within two hundred feet thereof. This is not a summons to appear at the Public Hearing, but if you so desire to attend; you will have the opportunity to speak either in favor or against the request for the Variance. If you have any questions, please feel free to contact me at (817) 483 -1297. Thank you, Lisa Dawn Cabrera BOA Secretary ®/ 405 Municipal Drive, Kennedale, TX 76060 Phone: (817) 478 -5418 Fax: (817) 483 -0720 BOA 07 -03 4800 W INTERSTATE 20 EMERSON CONSTRUCTION COMPANY Emerson Construction Company, Inc. Wal -Mart Stores, Inc Tealwood Apartments Co. Ltd PO Box 1888 2001 SE 10th Street 2331 Gus Thomasson Rd, Ste 126 Temple, TX 76503 Bentonville, AR 72716 Dallas, TX 75228 Wayne & Kari Wilson 3332 Thorntree Court Arlington, TX 76016 Wal -Mart Stores Texas, LP % Re Property Tax Dept. Mail Stop 0555 Bentonville, AR 72716 National Conv Stores, Inc PO Box 690110 San Antonio, TX 78269 Commercial Net Lease Realty LP 450 S Orange Ave, Ste 900 Orlando, FL 32801 M- Date: April 20, 2007 Item: E -3 Subject: BOA 07 -04 - Special Exception - 105 W. Kennedale Parkway Rajinder Sharma with VRV Corporation is requesting a Special Exception for an existing Service Station located at 105 W. Kennedale Parkway per Sec. 17 -421 (Schedule of Uses and Off - Street Parking Requirements). The applicant is the new owner. The original owner had a Special Exception which was to expire on April 2, 2005 or until the highway widening was complete. That Special Exception was granted to Darrell Winn on April 2, 2002 to allow a service station in C -1 (Restricted Commercial) Zoning. A copy of the referenced ordinance is attached and highlighted for your information. Also, attached is the original decision notice for your review. Originated by: Disposition by Board James E. Cowey Building Official CITY OF KENNEDALE BOARD OF ADJUSTMENT .. j I • • - -r r -- - - -_. Name _ Cg-,,\Q()oK -rl Do\J Dr A Work Phone _ s ,. . Home Mailing Address i Owner: Name 5-3 Work Phone 1-7 `7 � �` Home K, i Mailing Address® Property Location I C,)5 L1 (Number and Street) C" E, J'eo V Legal Description C%c) t� �,i- e; " I � - l °� ` \ �� ° r -� r�r V "rte (Lot, Block & Subdivision) Note: Attach metes and bounds description if property is not platted. - �x-�to- (- 'dAqc1Vz -f -O Zoning District �, ��' Describe Special Exception requested: °j �, ��c �a-.( �_� �9� =% 411V L tee. -9�tk, c 0&1ry HF'` previous application or appeal been filed on this property? Yes vate: Identify any requirements of Section 17 -422, Kennedale City Code that cannot be met. Give reason (s) why the requirement (s) cannot be met. Use back of this form if additional space is needed. r--\ I t IW6111 I declare that the above is true and correct. Signature of Applicant Date FOR STAFF USE ONLY ndicate any potential injurious affect on the public health, safety, or welfare. Indicate if the uses, values or enjoyment of other property in the neighborhood would be impaired or diminished by the proposed use Will the proposed use: impede normal and orderly development? include adequate utilities, access roads, draina and other necessary site improvements? provide ingress or egress so as to minimize traffic congestion in put streets? conform to all applicable area, yard, height, lot coverage, building size and exterior requirements and parki space regulations of the district in which it is located? Comments emendation Approval Disapproval If disapproval give reason: inq Officia =a> i ® . e If you are seeking a special exception to the zoning ordinance we need the following information to process the application: The permitted exceptions for seeking a Special Exception are uses not allowed in the district for which you are seeking the following; • Masonry requirements. • Signage. • Landscaping. 1. Is this a use not allow in the district you are seeking? Yes o No 2. Is this a remodel of an existing structure? Yes o No 3. Is this new construction? Yes dr No`s 4. Please explain the reason and circumstances for the Special Exception requested. Name: �S IN` e I� Phone # (07) 417R— r OL N Date: C? Fri, Mar 30, 2007 at 12:34 Hello Friends, My name is-raj moved to kennedale from California. I was looking for new opportunities and i ended up In this small town the reason-was, When i came here i met with people like ronnie , Maria.. .Very nice people that -made me think that 1 am at right place. i also realized that this is growing town and 1 can grow -with the town. How 1 can do that is by creating new, businesses and by getting more customer to Maria gas station. I want to improve the look and feel of the station by putting new pumps, new paint, more lights, better landscaping and even changing the interior of the store. * P -c&j ILA-e- - Ore- I can also see that there are not good restaurants in town and may be we need a hotel and may be more. That's the way this city can grow, that's the way i can grow and i need your help. Please give me the 1 am making on the gas station, help me making the Station beautiful, help me making this city beautiful. C 7•�Ca X C �(J� /a�0 7M� �� r, L C>Wi C•� L�_� ct�`� �L �/� b _c' 1A V1 __- �Q czj� 9 Case #0]A - 0 � - k/ Property Address: 1 »- � /7 Legal Description: Applicant: )99�t / Type of BOA request: current owner of above mentioned property, authorize ipplicant or his authorized representative to make application for the Kennedale Board of Adjustment to consider granting the above reference request on my behalf and to appear before the Board. Owner Signature: Date: 12- J 0 SWORN TO and Subscribed before mebv / ON THIS ° DAY OF a c3A 120 �� M CY 00 m 0 CY ,It LO (D (2D Cl) Cl) MU O O tl- C) CAD w C5 Lf) C) O� < 9 OD U)C) w in < (Y- L,O� w F- Wilillicts UJ C) CO @ 0) C) N O to U) C4 Luc"! o Lo < LO -- — - — - — - — - Lf) cli LO Cl) ,HflHalfis (0 IM ti 00 Wilillicts idNHdins N 230 3ddIDINnn 0 6 15 2331 IIdS fi IMM-l[9]hM a r .K .» IN x. adl � -r �y a of e ICU_ 0 M� �E CITY KX1 Of EN April 17, 2007 ((First_Name)) ((Last—Name)) «Address Line 1» ((City)) RE: Legal Notice of Public Hearing Dear «Title» ((Last —Name)): The Kennedale Board of Adjustment will hol 7 :00 pm at the Kennedale City Hall, 405 Mun a Public Hearing on Tuesday, May 1, 2007 at ;ipal Drive, Kennedale, TX, 76060. BOA 07 -04 to receive citizen's comments for a Special Exception to the City Code Section 17 -421 to allow for a convenience store with a gas station in C -1 (Restricted Commercial) at 105 W Kennedale Parkway. Legal description being Lot 1A, Block 23 in the City of Kennedale Addition in the City of Kennedale, Tarrant County, Texas as requested by VRV Corporation. According to Tarrant County Tax Records, you are the owner of real property within the area or within two hundred.feet thereof. This is not a summons to appear at the Public Hearing, but if you so desire to attend; you will have the opportunity to speak either in favor or against the request for the Variance. If you have any questions, please feel free to contact me at (817) 483 -1297. Thank you, Lisa Dawn Cabrera BOA Secretary �s BOA 07 -04 VRV Corporation )a Kennedale Filling Station PO Box 425 Kennedale, TX 76060 State of Texas PO Box 6868 Fort Worth, TX 76115 Wayne & Luann Hull PO Box 1242 Kennedale, TX 76060 City of Kennedale 405 Municipal Drive Kennedale, TX 76060 105 W KENNEDALE PARKWAY Rajinder Sharma PO Box 425 Kennedale, TX 76060 First Baptist Church of Kennedale PO Box 295 Kennedale, TX 76060 Joshua & Hollee Reed 108 W 5th Street Kennedale, TX 76060 Lanar, Inc PO Box 189 Kennedale, TX 76060 Tri -State Commercial Association JV PO Box 833009 Richardson, TX 75083 VRV Corporation PO Box 175663 Arlington, TX 76006 Eva Scott PO Box 267 - Kennedale, TX 76060 2005 II LLC 2635 E Millbrook Rd Raleigh, NC 27604 4 A Id The )30ard of Adjustment of the City of Kennedale does hereby grant/ de" a Specific USO Permit .according to the City Code, -Section 17-421 to: Case. #BOA-0�0 NANE: Nlr. Darrell A. Winn ADDRESS: P.O. Box 425 Kennedale, Texas 76060 PROPERTY ADIMESSI.- Lot !A BIk 23 City of Kennedale Addition PROPERTY OWNER. I mada Allred FOR THE FUR-POSE OV: To.Allow a service station in C-1 Restricted Commercial District CONDMONS: Passed inoppa, sepion of the Board of Adjustment of the City, of Xe"edloe- T,", on the _rd day .of.A�pril, A!LO_2. The Board's decision is 0frIciaHY rdcd ibis .4.th day Of-Ag-011 - L002 In the Board of i a Adjustment Secretary's oft ith! 10 tee. Any appeal to this decision most be made w Calendar days after the decision of the board and not thereafter. APPROffl'b: U e I B ,toV)-liNyes, 13QA Vice aiwrmafl ATTEST: c .Sec fret Eihelber�er, A A,; . retary MM-0-1-8d, ff"LANNING AND LAND DEVELOPMENT § 17-421 Medical clinic or office Mini - warehouse Manufactured home sales lot AG R -1 R -2 R -3 OT D NIF Nils C -1 x C -2 X X X I X x Parking 1/300 g.f.a. 1/600 g.f.a. 1 /1000 site area Massage establishment S S 1/200 g.f.a. Mortuary or funeral home SFx x 1/3 sanctuary seats Motorcycle sales X X 1/200 g.f.a. Movie theater (drive -in) X X 1 /employee Movie theater (indoor) X X X 1/3 seats Musical instrument store X X' 1/200 g.f.a. Newspaper office X X 1 1/200 g.f.a. Newsstand Nightclub or dance hall X S X x X 1/200 g.f.a. 1 /100 g,f.a. Office supply store X X 1/200 g.f.a. Optical clinic or office X X 1/200 g.f,a. Optical dispensary store X X 1/200 g.f.a. Paint sales store (retail) X X 1/2 1/200 g.f.a. Paintball sports, survival games S X X 1/500 site area Parking lot (commercial, for fee) S S S X Pawnshop S X 1/200 g.f.a, Pet grooming shop X X 1/200 g.f.a. Pet shop x X 1/200 g.f.a. Pharmacy or drug store X X 1/200 g.f.a. Photography studio X X 1/200 g.f.a. Picture framing shop X X 1/200 g.f.a. Plant nursery S X X 1/400 g.f.a. Plumbing "ales and service X X X 1/400 g.f.a. Pool or billiard hall S X X 1/100 g.f.a, Print shop X X X 1/400 g.f.a. Private club (serving alcohol) S X X 1 /100 g.f.a, Professional offices x X X 1/300 g.f.a, Racquetball court X X X 2 /court Real estate or leasing office (3) (3) (3) (3) (3) (3) (3) (3) X X X 11300 g.f.a. Recording studio x X 1/300 g.f.a. Recreational vehicle sales x x Recreational vehicle storage X X 1/400 g.f.a. Rental store X X X 11400 g.f.a. Restaurant or cafe (inside) X X X 1/3 seats Restaurant (drive -in) X X X 1/100 g,f a. Restaurant (kiosk) X X x 1 /100 g.f.a Secondhand store X X X 1/200 g.f.a. Service station S X X 4 minimum Sexually oriented business X X 1/100 g.f.a. Shoe or boot "tore x x 1/200 g.f.a. dc ilL ON 0r APRIL 2, 2002 BOA 02 -07: SPECIAL EXCEPTION TO CITY CODE UNDER SECTIONS 17 -421 TO ALLOW A SERVICE STATION IN "C -1" RESTRICTED COMMERCIAL DISTRICT. DARRELL WINN & MARIA ALLRED 105 B W MANSFIELD HWY LOTS A, BLOCK 23, CITY OF KENNEDALE ADDITION. GRANTED 3 YEARS SPECIAL EXCEPTION OR UNTIL THE HIGHWAY WIDENING PROJECT IS COMPLETED, WHICHEVER IS LONGER, AND AT THAT TIME A REVIEW WILL BE REQUIRED FOR POSSIBLE FURTHER BOARD ACTION. EXPIRES APRIL 2005 OR UNTIL THE HIGHWAY WIDENING IS COMPLETE. I • Ld w® 0 D rn 0 z 0 z "t x PM U) NOTICE 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 1St day of May 2007, 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 27th day of April 2007. 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 April 27, 2007, at 12:00 o'clock P.M., and remained so posted continuously for at least 72 hours preceding the scheduled time of said Meeting. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, are requested to contact the undersigned at (817) 483 -1297 five (5) work days prior to the meeting so that appropriate arrangements can be made. 4 In Dated this the 27th day of April 2007. Lisa DaWn Cabrera Board of Adjustment Secretary AGENDA BOARD OF ADJUSTMENT REGULAR MEETING - MAY 1, 2007 KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR. COUNCIL CHAMBERS 7:00 PM CALL TO ORDER ROLL CALL A. EXECUTIVE SESSION The BOA will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meeting Act, including discussion of any item posted on the agenda and legal issues regarding amortization of nonconforming uses; and litigation, settlement offers, and /or claims regarding the follow matters: a. Orientation of New Members b. Compliance of Business 287 District Overlay c. Non - Compliance Issues B. RECONVENE INTO CHAMBERS Reconvene into chambers for regular session and consider action, if any, on items discussed in Executive Session. C. VISITORS /CITIZENS FORUM At this time, any person with business before the Board of Adjustment not scheduled on the Agenda may speak to the Commission, 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 Chairman, 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. D. PUBLIC HEARING 1) BOA 07 -03 to receive citizen's comments for a Special Exception to the City Code Section 17 -421 to allow for a temporary construction office trailer in C -1 (Restricted Commercial) at 4800 W Interstate 20. Legal description being the proposed lots 1 - 4, Block 1 of the Southwest Crossing Addition, in the Cities of Arlington and Kennedale, Tarrant County, Texas and the current legal description being a portion of Lot 3, Block 2 of the Treepoint Addition in the Cities of Arlington and Kennedale, Tarrant County, Texas and also being a 21.497 acre tract of land situated in the MP Lamar Survey, Abstract 987, the Lawrence Ramey Survey, Abstract 1336, and the David Strickland Survey, Abstract 1376, Cities of Arlington and Kennedale, Tarrant County, Texas, as requested by Emerson Construction Company, Inc. 2) BOA 07 -04 to receive citizen's comments for a Special Exception to the City Code Section 17 -421 to allow for a convenience store with a gas station in C -1 (Restricted Commercial) at 105 W Kennedale Parkway. Legal description being Lot 1A, Block 23 in the City of Kennedale Addition in the City of Kennedale, Tarrant County, Texas as requested by VRV Corporation. E. REGULAR ITEMS 1) Approval of Minutes dated March 6, 2007. PAGE 3 2) BOA 07 -03 to consider approval of a Special Exception to the City Code Section 17 -421 to allow for a temporary construction office trailer in C -1 (Restricted Commercial) at 4800 W Interstate 20. Legal description being the proposed lots 1 - 4, Block 1 of the Southwest Crossing Addition, in the Cities of Arlington and Kennedale, Tarrant County, Texas and the current legal description being a portion of Lot 3, Block 2 of the Treepoint Addition in the Cities of Arlington and Kennedale, Tarrant County, Texas and also being a 21.497 acre tract of land situated in the MP Lamar Survey, Abstract 987, the Lawrence Ramey Survey, Abstract 1336, and the David Strickland Survey, Abstract 1376, Cities of Arlington and Kennedale, Tarrant County, Texas, as requested by Emerson Construction Company, Inc. PAGE 7 3) BOA 07 -04 to consider approval of a Special Exception to the City Code Section 17 -421 to allow for a convenience store with a gas station in C -1 (Restricted Commercial) at 105 W Kennedale Parkway. Legal description being Lot 1A, Block 23 in the City of Kennedale Addition in the City of Kennedale, Tarrant County, Texas as requested by VRV Corporation. PAGE 19 F. ADJOURNMENT f STAFF REPORT TO BOARD OFADJUSTMENT Date: April 20, 2007 Item: E -1 Subject: Approval of Minutes Attached for your review are the minutes from the Regular Meeting dated March 6, 2007. Originated by: Disposition by Board Lisa Dawn Cabrera BOA Secretary -5- MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - MARCH 6, 2007 KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR. COUNCIL CHAMBERS ►A1I111h Chairman Adams called the meeting to order at 7:00 p.m. Members present: Rick Adams, Charles Overstreet, Charles Gray, Patrick Vader, and Linda Elam Members absent: Brian Cassady, Cheryl Abbott, 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. REGULAR ITEMS 1) Approval of Minutes dated February 6, 2007. Mr. Vader made a motion to approve the minutes, seconded by Mrs. Elam. Motion passed. 2) BOA 06 -20 to consider approval of a Variance to the City Code Section 17 -508 (a), to allow for a marquee sign in R -3 District (Single Family Residential) at James A Arthur Intermediate School located at 100 Mistletoe Drive. Legal description being Tract 2133 & 2138 of the E R Mingus Survey, Abstract 1075 and Lots 7 -12, Block K of the Crestdale Addition, and Lot 1A, Block L of the Crestdale Addition in the City of Kennedale, Tarrant County, Texas as requested by Kennedale Independent School District. This item was tabled at the February 6, 2007 meeting. Mr. Biondi, 100 Mistletoe, Kennedale, Tx, representing the School District addressed the Board with a new design for the sign and explained the differences between the proposed sign and the sign at the High School. F Mr. Ford, informed the Board about the construction of the sign and the materials that will be used to make the sign. -14- After much discussion among the Board and the applicants a motion was made. Mr. Vader made a motion to approve the sign as presented at tonight's meeting. This motion was seconded by Mrs. Elam. Motion passed with a vote of four (4) to one (1) with Mr. Gray opposing. E. ADJOURNMENT Chairman Adams adjourned the meeting at 7:18 pm. ATTEST: Lisa Dawn Cabrera Board of Adjustment Secretary Chairman, Rick Adams Board of Adjustment f Monday, Aprri! 16, 2007 1 S, • CITY OF KENNEDALE PUBLIC HEARING SIGN-IN FORM SUBJECT: BOA 07 -03 to receive citizen's comments for a Special Exception to the City Code Section 17 -421 to allow for a temporary construction office trailer in C -1 (Restricted Commercial) at 4800 W Interstate 20. Legal description being the proposed lots 1 - 4, Block 1 of the Southwest Crossing Addition, in the Cities of Arlington and Kennedale, Tarrant County, Texas and the current legal description being a portion of Lot 3, Block 2 of the Treepoint Addition in the Cities of Arlington and Kennedale, Tarrant County, Texas and also being a 21.497 acre tract of land situated in the MP Lamar Survey, Abstract 987, the Lawrence Ramey Survey, Abstract 1336, and the David Strickland Survey, Abstract 1376, Cities of Arlington and Kennedale, Tarrant County, Texas, as requested by Emerson Construction Company, Inc. 1. NAME: 11 ADDRESS:,``` zip PHONE NUMBER::Y , . , , t rt�x 2. 1 HEREBY ❑ WISH TO ADDRESS THE COMMISSION. "0 NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. 1 AM REGISTERING E-FOR ❑ AGAINST THE PROPOSED SPECIAL EXCEPTION. Mot"')1 �1(,( d 4. IN REGISTERING, I REPRESENT: ❑ MYSELF 14,THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 5. THEIR BUSINESS ADDRESS IS: SIGNATURE: DATE: May 1, 2007 CITY OF KENNEDALE SPEAKER REQUEST FORM WELCOME If you wish to address the Board of Adjustments (BOA), a Speaker's Card must be filled out and given to the BOA Secretary prior to the start of the meeting. Please follow the suggestions listed below: 1. Please read and provide the required information in order that the Chairman may recognize you promptly at the appropriate time on the agenda. Please note that speakers may not comment on agenda items. 2. Please state your full name and address when you begin your remarks in order that the official minutes will record your appearance before the Board of Adjustments. 3. Please make sure that your comments are directed towards the Presiding Officer rather than Individual BOA members or Staff. All speakers must limit their comments to the subject matter as listed on their request and must refrain from using any profane language. THANK YOU FOR YOUR COOPERATION ------------------------------------------------------------------------------------------- APPEARANCE BEFORE BOA COMMISSION DATE: 0 NAME OF SPEAKER: � �)1-4 ADDRESS: CA rA--1P , PHONE: SUBJECT: I Q , HAS THIS SUBJECT BEEN DISCUSSED WITH ANY MEMBER OR ADMINSTRATIVE STAFF? YES NO IF YES, PLEASE LIST NAME AND DATE: SPEAKING IK- FAVOR --- -"AGAINST Presentations are limited to three (3) minutes for individuals and six (6) minutes for group presentations if representing 10 or more individuals are present. Speakers must address their comments to the Presiding Officer rather than individual BOA members or Staff. All speakers must limit his /hers comments to the specific subject matter as noted above and must refrain from personal attacks towards any individual. f PUBLIC HEARING NO. 2 105 W KENNEDALE PARKWAY CITY OF KENNEDALE PUBLIC HEARING SIGN -IN FORM SUBJECT: BOA 07 -04 to receive citizen's comments for a Special Exception to the City Code Section 17 -421 to allow for a convenience store with a gas station in C -1 (Restricted Commercial) at 105 W Kennedale Parkway. Legal description being Lot 1A, Block 23 in the City of Kennedale Addition in the City of Kennedale, Tarrant County, Texas as requested by VRV Corporation. 1. NAME:��lot/h� 7 J�)7 ADDRESS: / 13zfL ,_) C C (� Ito Lei �l ZIP 7 fit') 6,r_D PHONE NUMBER: 6 -7 i 2. 1 HEREBY ❑ WISH TO ADDRESS THE COMMISSION. ❑ DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. 1 AM REGISTERING ❑ FOR ❑ AGAINST THE PROPOSED SPECIAL EXCEPTION. 4. IN REGISTERING I REPRESENT: /MYSELF ❑ THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 5. THEIR BUSINESS ADDRESS IS: SIGNATURE: DATE: May 1, 2007 AGENDA BOARD OF ADJUSTMENT REGULAR MEETING- MAY 1, 2007 KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR. COUNCIL CHAMBERS 7:00 PM ROLL CALL r BRIAN CASSADY t-" CHARLES GRAY Tolvreettitts- CHARLES OVERSTREET PATRICK VADER r *W44* -^ HX)TT LINDA ELAM RICHARD WESTi----P A A. EXECUTIVE SESSION The BOA will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meeting Act, including discussion of any item posted on the agenda and legal issues regarding amortization of nonconforming uses; and litigation, settlement offers, and /or claims regarding the follow matters: a. Orientation of New Members b. Compliance of Business 287 District Overlay c. Non - Compliance Issues B. RECONVENE INTO CHAMBERS Reconvene into chambers for regular session and consider action, if any, on items discussed in Executive Session. C. VISITORS /CITIZENS FORUM At this time, any person with business before the Board of Adjustment not scheduled on the Agenda may speak to the Commission, 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 Chairman, 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 D. PUBLIC HEARING 1) BOA 07 -03 to receive citizen's comments for a Special Exception to the City Code Section 17 -421 to allow for a temporary construction office trailer in C -1 (Restricted Commercial) at 4800 W Interstate 20. Legal description being the proposed lots 1 - 4, Block 1 of the Southwest Crossing Addition, in the Cities of Arlington and Kennedale, Tarrant County, Texas and the current legal description being a portion of Lot 3, Block 2 of the Treepoint Addition in the Cities of Arlington and Kennedale, Tarrant County, Texas and also being a 21.497 acre tract of land situated in the MP Lamar Survey, Abstract 987, the Lawrence Ramey Survey, Abstract 1336, and the David Strickland Survey, Abstract 1376, Cities of Arlington and Kennedale, Tarrant County, Texas, as requested by Emerson Construction 2) BOA 07 -04 to receive citizen's comments for a Special Exception to the City Code Section 17 -421 to allow for a convenience store with a gas station in C -1 (Restricted Commercial) at 105 W Kennedale Parkway. Legal description being Lot 1A, Block 23 in the City of Kennedale Addition in the City of Kennedale, Tarrant County, Texas as requested by VRV Corpora i n. E. REGULAR ITEMS 1) Approval of Minutes dated March 6, 2007. 2) BOA 07 -03 to consider approval of a Special Exception to the City Code Section 17 -421 to allow for a temporary construction office trailer in C -1 (Restricted Commercial) at 4800 W Interstate 20. Legal description being the proposed lots 1 - 4, Block 1 of the Southwest Crossing Addition, in the Cities of Arlington and Kennedale, Tarrant County, Texas and the current legal description being a portion of Lot 3, Block 2 of the Treepoint Addition in the Cities of Arlington and Kennedale, Tarrant County, Texas and also being a 21.497 acre tract of land situated in the MP Lamar Survey, Abstract 987, the Lawrence Ramey Survey, Abstract 1336, and the David Strickland Survey, Abstract 1376, Cities of Arlington and Kennedale, Tarrant County, Texas, as requested by Emerson Construction Company, Inc. - ) , I r 4 ��►��(oc) all f 3) BOA 07 -04 to consider approval of a Special Exception to the City Code Section 17 -421 to allow for a convenience store with a gas station in C -1 (Restricted Commercial) at 105 W Kennedale Parkway. Legal description being Lot 1A, Block 23 in the City of Kennedale Addition in the Citv of Kennedc-Ae, Tarrant County, Texas as requested by VPAI Corporation. F. ADJOURNMENT PUBLIC HEARING NO. 1 4800 W INTERSTATE 20 CITY OF KENNEDALE PUBLIC HEARING SIGN -IN FORM SUBJECT: BOA 07 -03 to receive citizen's comments for a Special Exception to the City Code Section 17 -421 to allow for a temporary construction office trailer in C -1 (Restricted Commercial) at 4800 W Interstate 20. Legal description being the proposed lots 1 - 4, Block 1 of the Southwest Crossing Addition, in the Cities of Arlington and Kennedale, Tarrant County, Texas and the current legal description being a portion of Lot 3, Block 2 of the Treepoint Addition in the Cities of Arlington and Kennedale, Tarrant County, Texas and also being a 21.497 acre tract of land situated in the MP Lamar Survey, Abstract 987, the Lawrence Ramey Survey, Abstract 1336, and the David Strickland Survey, Abstract 1376, Cities of Arlington and Kennedale, Tarrant County, Texas, as requested by Emerson Construction Company, Inc. PHONE NUMBER: 2dl- 2. 1 HEREBY H-�VISH TO ADDRESS THE COMMISSION. ❑ DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE TO REGISTER THE FOLLOWING OPINION. 3. 1 AM REGISTERING P*OR ❑ AGAINST THE PROPOSED SPECIAL EXCEPTION. 4. IN REGISTERING, I REPRESENT: ❑ MYSELF B"NE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: 5. THEIR BUSINESS ADDRESS IS: SIGNATURE: / / 3_1w_ r DATE: May 1, 2007 CITY OF KENNEDALE SPEAKER REQUEST FORM WELCOME If you wish to address the Board of Adjustments (BOA), a Speaker's Card must be filled out and given to the BOA Secretary prior to the start of the meeting. Please follow the suggestions listed below: 1. Please read and provide the required information in order that the Chairman may recognize you promptly at the appropriate time on the agenda. Please note that speakers may not comment on agenda items. 2. Please state your full name and address when you begin your remarks in order that the official minutes will record your appearance before the Board of Adjustments. 3. Please make sure that your comments are directed towards the Presiding Officer rather than Individual BOA members or Staff. All speakers must limit their comments to the subject matter as listed on their request and must refrain from using any profane language. THANK YOU FOR YOUR COOPERATION ------------- ----------- ---------- --- ---------- - ---- ---- ---------- - - - - - -- APPEARANCE BEFORE BOA COMMISSION DATE: / /® v NAME OF SPEAKER: ADDRESS: r .A PHONE: SUBJECT: Fd HAS THIS SUBJECT BEEN DISCUSSED WITH ANY MEMBER OR ADMINSTRATIVE STAFF? YES NO IF YES, PLEASE LIST NAME AND DATE: SPEAKING IN: FAVOR AGAINST __- Presentations are limited to three (3) minutes for individuals and six (6) minutes for group presentations if representing 10 or more individuals are present. Speakers must address their comments to the Presiding Officer rather than individual BOA members or Staff. All speakers must limit his /hers comments to the specific subject matter as noted above and must refrain from personal attacks towards any individual. f,.