2015_05.05 BOA Packet KENNEDALE
Board of Adjustment
www.cityofkennedale.com
BOARD OF ADJUSTMENT & BUILDING BOARD OF APPEALS
AGENDA
REGULAR MEETING
May 5, 2015
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
REGULAR SESSION - 7:00 PM
I. CALL TO ORDER
II. ROLL CALL
III. SWEARING IN OF SPEAKERS
IV. MINUTES APPROVAL
A. Consider approval of minutes from April 7, 2015 Board of Adjustment meeting.
V.VISITOR/CITIZENS FORUM
At this time, any person with business before the Board of Adjustment not scheduled on the Agenda
may speak to the Board, provided that an official `Speaker's Request Form' has been completed and
submitted to the Board Secretary prior to the start of the meeting. All comments must be directed
towards the Chair, rather than individual board members or staff. All speakers must limit their comments
to the subject matter as listed on the `Speaker's Request Form.'No formal action can be taken on these
items.
VI. REGULAR ITEMS
A. CASE# BOA 15-03 to receive comments and consider action on a request by Ross Carmichael
for a Special Exception as required by City Code Section 17-421, Schedule of uses and off-street
parking requirements, to permit a private stable (keeping of horses) in an "R-2" Single family
residential zoning district at 901 N Little School Rd, more particularly described as T R Rodger
Survey A-1363 Tract 7C.
VII. REPORTS/ANNOUNCEMENTS
VIII.ADJOURNMENT
In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable
accommodations for persons attending City Council meetings. This building is wheelchair accessible, and
parking spaces for disabled citizens are available. Requests for sign interpreter services must be made
forty-eight (48) hours prior to the meetings. Please contact the City Secretary at 817.985.2104 or (TDD)
1.800.735.2989
CERTIFICATION
I certify that a copy of the May 5, 2015, Board of Adjustment & Building Board of Appeals agenda was posted on the City Hall
bulletin board next to the main entrance of the City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place
c enient and r cc ble to the general public at all times and said agenda was posted at least 72 hours preceding the
s du sai ccordance with Chapter 551 of the Texas Government Code.
Rachel Roberts, Board Secretary
KENNEDALE
Board of
www.c i tyo f<enne d a l e.co m Staff Report to the Board of Directors
Date: May 5, 2015
Agenda Item No: MINUTES APPROVAL-A.
I. Subject:
Consider approval of minutes from April 7, 2015 Board of Adjustment meeting.
II. Originated by:
Katherine Rountree, Permits Clerk
III.Summary:
Minutes approval of April 7, 2015.
IV. Recommendation:
Approve
V. Alternative Actions:
VI. Attachments:
1. JApril 7, 2015 minutes 104.07.2015 - BOA Minutes Final.docx
)c
KENNEDiALE
Board of Adjustment
www.cityofl,Lennedale.com
BOARD OF ADJUSTMENT& BUILDING BOARD OF APPEALS
MINUTES
REGULAR MEETING
April 7, 2015
CITY HALL COUNCIL CHAMBERS,405 MUNICIPAL DRIVE
REGULAR SESSION -7:00 PM
I. CALL TO ORDER
Mr. Vader called the meeting to order at 7:00 P.M.
II. ROLL CALL
Present? Commissioner
Rick Adams
X Brian Cassady
X Jeff Madrid
X Patrick Vader
X Martin Young
Alternates
X Jeff Nevarez
Lana Sather
Vacant
A quorum was present.
Staff present: Rachel Roberts (city planner); Katherine Rountree (board secretary); Sandra Johnson
(building official); Charles Comeaux (code enforcement officer).
III. SWEARING IN OF SPEAKERS
Ms. Rountree swore in those who wished to speak.
IV. MINUTESAPPROVAL
A. Consider approval of minutes from October 7, 2014 Board of Adjustment meeting.
Mr. Madrid motioned to approve the minutes. The motion was seconded by Mr. Cassady and passed with all
in favor.
V. VISITOR/CITIZENS FORUM
No one registered to speak.
VI. REGULAR ITEMS
A. CASE#BOA 15-02 to receive comments and consider action on a request by Fellowship Academy
for a variance from the requirements of the Bowman Springs Urban Village Planned Development
district ordinance to allow four(4)temporary portable classrooms for a period of four
(4)years. The variance is requested for 1021 N Bowman Springs Rd, more particularly described as
Woodlea Acres Block 1 Lot 20-R-1.
A. Staff Presentation
Ms. Roberts said that the same case has come in front of the board before. They want to temporarily
allow portable buildings for the property while building a gymnasium and classrooms for the students.
The board discussed the proposed case.
B. Applicant Presentation
Scott Oldenburgh, 1021 N. Bowman Springs Kennedale, TX 76060, stated that the portable buildings
continue education for the growth of the school. He said that the school is about one hundred students
away from its goal. He said that he wanted to finish out the gymnasium and then add on more
classrooms for the students and needs the portable buildings to complete the goal.
Monica Collier, 5705 Vandalia Trail, Arlington, TX, is the principle of Fellowship Academy. She said that
each portable building will have two classrooms. She said they they will get rid of the portable buildings
after the four years.
C. Public Hearing
No one registered to speak.
D. Applicant Response
No one registered to speak so there was no response.
E. Staff Response and Summary
There was no applicant response so there was no staff response.
F. Action by the Board of Adjustment
Mr. Madrid made a motion to approve the request for a variance for a period of four years for four
portable buildings until April of 2019. The motion was seconded by Mr. Cassady and passed with all in
favor.
VII. REPORTS/ANNOUNCEMENTS
The Brickworks Festival is being held from April 17 to 19, 2015.
The Bird Habitat Workday is being held on May 9, 2015.
The City Wide Garage Sale is being held from May 22 to 23, 2015.
The City Wide Cleanup is being held on May 30, 2015 from 8am-12pm.
VIII.ADJOURNMENT
Mr. Young motioned to adjourn. The motion was seconded by Mr. Madrid and passed with all in favor.
Meeting adjourned at 7:18 P.M.
JC
KENNEDALE
Board oi(enr? dale. Staff Report to the Board of Directors
www.cityofi(enr?edale.com
Date: May 5, 2015
Agenda Item No: REGULAR ITEM S-A
I. Subject:
CASE#BOA 15-03 to receive comments and consider action on a request by Foss Carmichael for a Special
Exception as required by City Code Section 17-421, Schedule of uses and off-street parking requirements,to
permit a private stable(keeping of horses)in an "R2" 9ngle family residential zoning district at 901 N Little
School P d, more particularly described asT RFdbdgers Survey A 1363 Tract 7C
11. Originated by:
Rachel Fbberts, City Ranner
III.Summary:
Request:special exception to allow keeping of horses in an R2 zoning district
Applicant: Fdbss Carmichael
Location:901 Little 5rhool Fd.1 Oust north of Woodland Ct and east of the 9iady Creek subdivision; located
across from Greenfield Ct on Little School Fb)
Background.
Mr. Carmichael is a prospective buyer of 901 Little School Rd. Before he buysthe property, he would like to get
permission to keep livestock horses on the property.
Surrounding uses are all residential. Immediately to the south is Woodland Ct (duplex residential), immediately
to the north isa large-lot single family residence, and behind it isthe Shady Creek neighborhood (single family
residential).Across Little School Rd is Greenfield Ct (also single family residential).
The property is approximately 4.68 acres.The plot plan submitted by the applicant is not drawn to scale(or a
scale is not shown),so we don't know the precise amount of acreage to be used for keeping horses, but it
appearsto be approximately 2.5-3 acres.
The property slopes slightly downward from Little School Fd.1 side toward surrounding properties(from an
elevation of about 670 to an elevation of 660; see attached illustration).
STANDARDS FOR GRAN-n NG A SPECIAL EKCEPrnON.
From Section 17-422 of the Kennedale city code:
Sandards. No application for a special exception shall be granted by the board of adjustment unlessthe 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;
(2)That the uses,values and enjoyment of other property in the neighborhood for purposes already permitted
shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or
operation of the use;
(3)That the establishment of the use will not significantly impede the normal and orderly development and
improvement of the surrounding property for uses permitted in the district;
(4)That adequate utilities, access roads, drainage and other necessary site improvements have been or are
being provided;
(5)That adequate measures have been or will be taken to provide ingress or egress so designed asto minimize
traffic congestion in the public streets; and
(6)That the use shall 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.
Staff Review.
(1)Will the establishment, maintenance,or operation of the use be materially detrimental to or endanger
the public health,safety, morals or general welfare?
Keeping of horses and its effect on public health,safety, and general welfare depends on context (the property
where the horses are kept and the surrounding properties and uses)and on the conditions in which the horses
are kept (how many horses there are,where they are allowed to roam and to graze, maintenance of pastures,
etc.).
• Generally, a mature horse of about 1,100 pounds in weight will need 2-4 acres for foraging if the
pasture is not irrigated and if the horse does not have supplemental feeding.
• Horses in well-tended, irrigated pastures or with sufficient supplemental feeding can get by on less
(generally around 1 acre per horse,with less than 1 acre provided only with really excellent pasture
care).
If pasturesare not maintained well, horsescan over-graze,which can lead to soil erosion and dust problems. In
addition, poor maintenance or lack of adequate space could cause storm water run-off to pick up pollutants
from horse manure. If this run-off were to cross onto neighboring properties or were to run into creeks or
streams, it could be a detriment to public health. Snce the property has a slight downward slope toward the
neighboring properties,the run-off presents real problem during heavy rain events.
It is possible to keep a few horses on property of this size without having a negative impact on public health,
safety, or general welfare.At thistime,though, we don't know enough about the applicants plansto verify that
no detriment to public health, safety, or general welfare will be created. Therefore,staff recommends that if a
special exception is granted,several conditions be applied to control for negative externalities from soil
erosion,odors, and storm water pollution (see staff recommendation below).
(2)Will the uses,valuesand enjoyment of other property in the neighborhood for purposes already
permitted be in any foreseeable manner substantially impaired or diminished bythe establishment,
maintenance or operation of the use for which a special exception is requested?
The property to the north is used for a large-lot single family residence. This property is unlikely to be
negatively affected by the keeping of afew horses on a neighboring lot.
The propertiesto the west, south,and east are already developed into residential lots, and the lots have
already been built on. Too many horses kept near neighboring properties could lead to unwanted odors that
may impede the ability of neighbors to have full use and enjoyment of their properties. In addition, if the
pasture areas are over-grazed, soil erosion and dust could affect the enjoyment of surrounding properties.
If proper measures are taken,the property can hold a few horseswithout having a negative impact on the
owners/residentsof neighboring properties having full use and enjoyment of their properties. If the Board
grants a special exception as requested,staff recommends applying conditionsto ensure the standard can be
met (see staff recommendation for recommended conditions).
(3)Will the establishment of the use significantly impede the normal and orderly development and
improvement of the surrounding property for uses permitted in the district?
The surrounding properties have already been developed, so the keeping of horses here would not impede
development. However, if the horses are not kept properly,the use could impede selling of properties or
further improvements.
If the special exception is granted, conditions should be applied that would prevent soil erosion from over-
grazing,would prevent polluted storm water from running onto adjacent properties, and would prevent odors
from the horsesor from manurefrom reaching neighboring properties.
(4) Have adequate utilities, access roads, drainage and other necessary site improvements been(or will be)
provided?
Keeping of horses does not require much in the way of site improvements or utilities. Drainage will be reviewed
as part of the building permit application, but in this case, additional attention to how much drainage runs off
the property and where will need to be considered.The drainage/runoff must be planned in such a way as to
keep storm water polluted from horse manure from running onto neighboring properties, and polluted run-off
should be prevented from entering streams and creeks.
(5) Have adequate measures been taken or will be taken to provide ingress or egress so designed asto
minimize traffic congest ion in the publicstreets?
The Public Works department has determined that the keeping of afew horses and the building of a barn are
not expected to increase traffic congestion on the public streets. Elaff from public works have also determined
that the use would not need special ingress or egress facilities.
(6) Doesthe use conform to all applicable area,yard, height, lot coverage, building size and exterior
requirements and parking space regulations of the district in which it is located?
City staff have not seen building plans fort he proposed barn. However,the applicant has stated he will abide
by all building regulations. In addition,the City will not issue a building permit unless the plans meet all
requirements.
Staff Recommendation.
The property appears to be able to support 1-3 horses, depending on a variety of factors(how quickly the
grass/forage re-grows,whether the pasture is irrigated,whether horses are rotated throughout the pasture,
whether supplemental feeding isprovided, etc.). Ingress/ egress,traffic congestion and access, and utilities
are not a concern for the requested use.
Any problemsthat arise when the applicant wants building permit will be resolved separately.
Major concerns here are:
1)impact on neighbors--any odors, noise, runoff, or other negative externalities. Noise is unlikely to be a big
issue from one to three horses. Odor, however, hasthe potential to be a major problem, especially from horse
manure. R.inoff from this property onto neighboring properties could pose a problem depending on whether
the runoff crosses a large amount of horse manure before moving onto surrounding properties.This can and
should be controlled for in placement and management of horse pasture areas(see also item 3, below).
2)adequate forage for horses--the pasture areas could potentially support up to three or four horses,
depending on pasture conditions and management. Because staff aren't able to adequately monitor to make
sure good pasture conditions are maintained enough to prevent soil erosion and to adequately feed the horses,
and since it's difficult for staff to monitor whether livestock are adequately fed, and considering the dose
proximity of residential subdivisions,two(2) horses is a more suitable maximum number.
3)drainage and runoff--this is mentioned under point (1), above.The city's storm water coordinator has
stated that drainage is already a problem in this area and recommended a maximum of two horses be
permitted on the property.
Recommendation.
Because a small number of courses could be kept on this lot without a negative impact on surrounding
properties, staff reoom mends approval with the following conditions.
• permit a maximum of two horses
• fencing or other means must be used to ensure horses are not permitted within 100 feet of the south
or west property lines
• the special exception may be revoked (after BOA review) if the horses are creating a nuisance situation
(e.g., confirmed neighbor complaints, reasonable concerns about polluted runoff).
• In addition,the plot plan shows the barn located away from the west and south property lines; staff
recommends the proposed location be a requirement of approval, a t least t o t he extent that the barn
would be required to be located away from the southern and western property lines.
o Acondition along these lines would be to require the barn to be located no closer t o t he
southern property line than the center of the property(running north-south)and be located at
least 200 feet away from the western property line.
o The barn location shall be coordinated with building permit staff and storm water staff to
ensure proper siting with respect to drainage.
Action by the Board of Adjustment.
• The board can approve the request, deny the request, or approve it with conditions.
• You may also postpone/continue the case until a later date, but you must specify when the case will be
continued.
• If you approve or deny the request,your motion should state why you are doing so(i.e., it meets all
standards for a special exception, it doesn't mean the standard concerning ..).
Sample motions are provided below for your reference; please note that you are not required to use one of the
sample motions.
Appro
I find that the use meets the standards and requirements for a special exception and make a motion to grant
the request.
Approve with conditions
I find that the use will meet the standards for a special exception with the addition of conditionsto secure
compliance with the standards and requirements of Section 17-422 of the city code and make a motion to
approve the request for a special exception [if you would like to set a time period after which the special
exception expires, state that time period here],with the following conditions...
Deny
I find that the use does not meet the standards and requirements for receiving a special exception and make a
motion to deny the request for a special exception.
K"
1NNEDAI E APPLICAMN FOR SPECIAL EXCEPTION
Special Exception Use Requested* Stable, Private& Utilization of the property to house livestock (horses)for
private enjoyment and use
Nate:the use must be listed as a special exception use in Kennedale City Code Section 17-421.
Applicant
NAME: Ross Carmichael
PHONE: EMAIL OR ALTERNATE PHONE:
MAILING ADDRESS:
(Street). 7578 Dick Price Rd.
(City, State,Zip Code): Mansfield,TX 76463
Property for which a Special Exception is requested
ADDRESS: 901 North Little School Rd.
LEGAL DESCRIPTION: RODGERS,TF SURVEY-Abstract: 1363 Tract: 7c
NOTE-: Attach metes and bounds description if property is not platted.
Property Oviner
NAME: Rashad Elqutob
PHONE: EMAIL OR ALTERNATE PHONE:
MAILING ADDRESS:
(Street): 3801 Park Manor
(City, State, Zip Code):Arlington, TX 76017
revised 2.J..ZC Page 3
1. Has a previous application or appeal been filed on this property? ❑Yes ❑ No
1.a. If yes,when was the application or appeal filed? 0
2. Identify any requirements of section 17-422 of the Kennedale city code that cannot be met. Give reason(s)why the
requirement(s) cannot be met. Use the back of this form or attach a separate page if additional space is needed.
There are no requirements of Section 17-422 of the_Kennedale city code that cannot be met.
3. If the special exception request is for a land use, is the request for a use not allowed in the zoning district?
❑ Yes No
3.a. is this a remodel of an existing structure? ❑ Yes No
3.b. Is this new construction? Yes ❑ No
4. If the special exception request is for oil or gas well drilling,how many wells are requested for this location? N/A.
5. Special exceptions may be granted by the Board of Adjustment only if all of the conditions listed
on the Notice to Special Exception Applicant are present.
On a separate page(s), please describe haw your requested use
will meet all of the six conditions stated above.
Signature of applicant bate
revised 2.1.2013 Page 4
(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;
This request is for a private stable to be built on the property in conjunction with a primary
residence and the utilization of the property to house livestock (horses) for private enjoyment
and use. Any area used to contain livestock will be secured and not accessible by the public.
Additionally, all warning signs required by the state regarding livestock will be prominently
displayed. The number of livestock shall not exceed what is permitted in the Municipal Code.
(2) That the uses, valves and enjoyment of other property in the neighborhood for purposes already
permitted shall be in no foreseeable manner substantially impaired or diminished by the
establishment, maintenance or operation of use;
The stable will be set back from any additional properties as required by the Municipal code
and will meet all building requirements of the Code. The primary residence will be built by a
custom home builder and will meet or exceed all requirements of Code. Please see attached
site plan.
(3) That the establishment of the use will not significantly impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the district;
The construction of a private stable will not significantly impede nor affect_the normal and
orderly development and improvement of the surrounding property for uses permitted in the
district.
(4) That adequate utilities, access roads, drainage and other necessary site improvements have been
or are being provided;
All utilities, access roads, drainage and other site improvements shall meet or exceed all
requirements of Code.
(5) That adequate measures have been or will be taken to provide ingress or egress so designed as
to minimize traffic congestion in the public streets; and
Ingress and egress will be for private, residential purposes only. It will not affect traffic
congestion in the public streets. All parking requirements in the Municipal Code shall be met.
(6) That the use shall conform to all applicable area, yard, height, lot coverage, building size, and
exterior requirements and parking space regulations of the district in which it is located.
The stable shall 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. It shall
not exceed fifteen feet in height, shall be at least 50 feet from the residence ei ht feet from
the side lot line, and eight feet from the rear yard line, public easement or drainage easement.
It shall be of new construction and have exterior walls made of wood, stone, brick, or vinyl
siding.
revised 2.1.2013 Page 5
2015102127 10:32:48 1 /4
CITY OF KENNEDALE
ttisNNEDu.1¢ BOARD OF,ADJUSTMENT s
OWNER AFFIDAVIT
CASE#BOA
PROPERTY ADDRESS:
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LEGAL DESCRIPTION:
APPLICANT:Ross CZ-Lt'VV,-1�j,
TYPEQF BOA REQUEST(E.(3.,SPECIAL EXCEPTION,VAR LANCE):
i, Z(hnaj Llnat)�)urrent owner of above mentioned property, authorize
the applicant or his authorized representative to Make application for the Kennedale Board of
AdfustMent to consider granting the above reference request on my behalf and tO appear
Before the Board.
Owner Signature:L�
Dgte: �Ir
1z)
_ r
SWORN TO and Subscribed before me byte+ �se
ON THIS !Aq DAY OF G 20�
MARCUS GIVENS
idOTOry PtlbIIC•6I012 x T6x05 .
My Oorrmission @xpifes i
Augusl 23,toy 7 Notary Public,Tarrant County,Texas
i
405 Municipal Win w*w4y0#kennedal8.0em P14 817.885,2130
Kennedale,7%76060 F)(817.483.0720
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1 C=JJC5G , JN 0 T H A M
City of Kemiedale
Board of Adjustment
405 Municipal Drive
Keimedale, Texas 76060
To Whom It May Concern,
My wife and I are submitting the included Special Exception Application in Hopes
that we may build a private residence and private stable and to be able to maintain a shall
number of horses on a 4.8 acre tract of land Iocated at 901 North Little School Road. We
will take steps to make slue that all structures meet or exceed the regulations(including
setbacks) contained in the Municipal Code, and that the horses are not any sort of
nuisance to the surrounding propel-ties. We have already had the land surveyed, ordered a
soil test, and commissioned an architect and builder to build a custom single story
residence. However, our contract to purchase this property is Contingent upon the Board's
approval of this special exception request. We appreciate the Board's time and
consideration and look forward to becoming residents of Kermcdale.
Sincerely,
Ross Carmichael and Amanda Thomas
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