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2016_04.05 BOA Packet KENNEDALE Board of Adjustment www.cityofkennedale.com BOARD OF ADJUSTMENT & BUILDING BOARD OF APPEALS AGENDA REGULAR MEETING April 5, 2016 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 the November 3, 2015 Board of Adjustment regular 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 16-01 to hold a public hearing and consider action on a request by Tien Tran for a Special Exception as required by City Code Section 17-421, Schedule of Uses and Off-Street Parking Requirements, to allow a vehicle storage facility in an "I" Industrial zoning district at 7084 E Kennedale Pkwy, more particularly described as Elam Addition Block 1 Lots 1-3. B. Consider approval of changes to Board of Adjustment Rules of Procedure VII. REPORTS/ANNOUNCEMENTS VIII. ADJOURNMENT IX. WORK SESSION A. Training on new procedure manual 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 l certify that a copy of the April 5, 2016, Board of Adjustment&Building Board of Appeals agenda was posted on the City Hall bulletin board next to the main entrance of the City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place convenient and readily accessible to the general public at all times and said agenda was posted at least 72 hours preceding the schedule time of said meeting, in accordance with Chapter 551 of the Texas Government Code. ace o e s, oar ecre ary ic KENNEDALE Board of Adjustment www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: April 5, 2016 Agenda Item No: MINUTES APPROVAL - A. I. Subject: Consider approval of minutes from the November 3, 2015 Board of Adjustment regular meeting II. Originated by: Katherine Rountree, Permits Clerk III. Summary: Consider approval of minutes from the November 3, 2015 Board of Adjustment regular meeting IV. Recommendation: Approve V. Alternative Actions: VI. Attachments: 1. 111.03.2016 BOA Minutes 111.03.2015 BOA Minutes Final.docx KENNEDALE Board of Adjustment www.cityofl,cennedale.com BOARD OF ADJUSTMENT & BUILDING BOARD OF APPEALS MINUTES REGULAR MEETING November 3, 2015 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE REGULAR SESSION -7:00 PM I. CALL TO ORDER Mr. Clark called the meeting to order at 7:00 PM. II. ROLL CALL Present? Commissioner X John Clark X Brian Cassad X Jeff Madrid X Patrick Vader X Martin Young Alternates X Jeff Nevarez X Lana Sather Vacant There was a quorum. Staff present: Rachel Roberts (city planner); Katherine Rountree (board secretary). III. SWEARING IN OF SPEAKERS Ms. Rountree swore in those who wished to speak. IV. MINUTESAPPROVAL A. Consider approval of minutes from July 7, 2015 Board of Adjustment meeting. Mr. Vader motioned to approve the minutes. The motion was seconded by Mr. Madrid and passed with all in favor. B. Consider approval of minutes from October 6, 2015 Board of Adjustment meeting. Mr. Vader motioned to approve the minutes. The motion was seconded by Ms. Cassady and passed with all in favor. V. VISITOR/CITIZENS FORUM No one registered to speak. VI. REGULAR ITEMS A. BOA 15-07 to receive comments and consider action on a request by Sterling Adams for a Special Exception as required by City Code Section 17-421, Schedule of uses and off-street parking requirements, to allow a salvage yard in an "I" Industrial District at 7002 E Kennedale Parkway, more particularly described as Wade H Hudson Survey A 716 Tract 3C2A, 3D1 & 3D2. 1. Staff presentation Ms. Roberts said the property is zoned as Industrial and has been in operation since 1987 with the approval of special exceptions since then. Ms. Roberts went over the standards required to receive a special exception and she went over the surrounding properties and their uses. 2. Applicant presentation Tina Adams, 1020 Roaring Springs Rd. Fort Worth, TX, went over each standard that she needs to meet to be able to receive a special exception. 3. Public hearing No one registered to speak. 4. Applicant response There was no applicant response. 5. Staff response and summary Staff recommended certain conditions be applied to the special exception if granted. 6. Action by the Board of Adjustment Mr. Vader motioned to approve the special exception with the following conditions: 1. The special exception shall be granted for a maximum of two (2) years. 2. The applicant shall submit a site plan to the city, subject to review and approval of city staff, designating a fire lane meeting city standards. The fire lane shall be paved within six (6) months of the date the special exception is granted with asphalt/concrete suitable road base (minimum of hard- packed gravel) and must be maintained in good condition at all times. 3. Outdoor storage areas must be maintained in good condition, with adequate gravel fill in place at all times. No storage shall be permitted on grass or other areas that are unpaved or without gravel cover. 4. Stacked vehicles stored onsite shall not exceed a maximum height of fifteen (15) feet and shall be stored on the sides or rear of the property only. No stacked vehicles may be stored at the front of the property. 5. The customer parking area must be paved with asphalt or concrete within six (6) months of the date the special exception is granted. 6. The business must comply with all applicable TCEQ and EPA regulations. The motion was seconded by Mr. Madrid and passed with all in favor except Mr. Clark, who abstained from voting. VII. REPORTS/ANNOUNCEMENTS A. Updates from City Council Ms. Roberts said that the city is working with Halff associates on a grant application to FEMA. Keep Kennedale Beautiful will have a bird sanctuary clean-up from 9:00 AM to 1:00 PM on November 7, 2015. Parks Board will be holding the Tree Lighting ceremony from 5:30 PM to 8:00 PM on December 1, 2015. VIII. ADJOURNMENT Mr. Madrid motioned to adjourn the meeting. The motion was seconded by Mr. Young and passed with all in favor. The meeting adjourned at 7:36 PM. )c KENNEDALE Hoard of Adjustment www.cityofkennedaIe.com STAFF REPORT TO THE BOARD OF ADJUSTMENT Date: April 5, 2016 Agenda Item No: REGULAR ITEMS - A. I. Subject: CASE # BOA 16-01 to hold a public hearing and consider action on a request by Tien Tran for a Special Exception as required by City Code Section 17-421, Schedule of Uses and Off-Street Parking Requirements, to allow a vehicle storage facility in an "I" Industrial zoning district at 7084 E Kennedale Pkwy, more particularly described as Elam Addition Block 1 Lots 1-3. II. Summary: Background and Overview. Request: Special exception to operate a vehicle storage facility (note: RV storage is permitted by right; other vehicles require a special exception) Applicant: Tien Tran Location: 7084 E Kennedale Pkwy (south end of Kennedale Pkwy) Surrounding uses: commercial, industrial, and residential uses (described below) Future Land Use Plan designation: Light industrial; urban corridor Staff recommendation: approve for three years with conditions Current status of property This property is zoned Industrial. The building was likely constructed prior to annexation in 1998, as the city's files do not include any building permit information for new construction at this site; aerial imagery shows a building here since at least 2001. The site has been vacant for at least a year. If the building was built prior to annexation (as it appears), the city's overlay district regulations would not have been applied, and the building was therefore considered grandfathered from those regulations. Surrounding properties and neighborhood The surrounding uses are primarily commercial and industrial, although residential and vacant residential properties are located nearby (within 500-1,000 ft). A restaurant is located directly across the street. A salvage yard operates to one side of this site, and a contractor's yard (soil drilling and sampling) is adjacent on the other side. Another salvage yard is located diagonally across the street. Along Eden Rd nearby (across Kennedale Pkwy) are additional businesses (typically contractors) and residences. Al Special exception history The property received a special exception for a related but different land use, a vehicle impound facility, in 2002. The special exception was for three years and was renewed in 2004 for seven years and then again in 2011 for five years. The business closed before the special exception expired, and the property has not received another special exception since that time. Analysis. The special exception is a tool that allows a city to determine where and when a particular use is suitable. Kennedale's city code requires a special exception for any business owner wanting to operate a vehicle storage facility in an Industrial zoning district. Standards for granting a special exception. No application for a special exception shall be granted by the board of adjustment unless the board finds all of the conditions described below are present. The board must find that the establishment, maintenance or operation of the use Standard (1) will not be materially detrimental to or endanger the public health, safety, morals or general welfare. Mr. Tran's application should demonstrate that the proposed use will not have a negative effect on the public health, safety, or general welfare. Potential elements of a vehicle storage business that could affect general welfare include (but are not limited to) the following. • Lighting • Pollution (in soil, air, or storm water due to leaking vehicles or similar problems) • Crime (e.g., large number of vehicles sitting unattended could be an attractive site for car theft) • Light. The existing lighting provided onsite is not tall enough to have a negative effect on nearby residential uses, and the applicant does not have plans to install taller lighting. Existing commercial and industrial uses are not expected to be affected by the existing lighting. Pollution. As long as vehicles are parked only on areas that are properly paved, and as long as no repairs or salvage work is done at the site, the city's storm water staff does not expect pollution to be a problem stemming from this use. o If the special exception is granted, staff recommends requiring any areas where vehicles are to be stored be paved according to city standards (asphalt or concrete). • Crime. Kennedale Police Department staff does not expect crime to be an issue stemming from this use. The board must find that the requested use will not impair or diminish the Standard (2) establishment, maintenance, or operation of, or use, values, or enjoyment of other property in the neighborhood for purposes already permitted. This would include continuance of existing uses. A-2 Existing uses in the vicinity of this location: Commercial businesses (e.g., restaurant) —The proposed use will not impair or diminish the operation of any businesses provided all applicable city regulations (e.g., storm water regulations) are followed. Industrial/salvage operations —The proposed use will not impair or diminish the operation of any existing salvage or industrial operations provided all applicable city regulations (e.g., storm water regulations) are followed. Neighborhood — Generally, large-scale auto-related uses are not suitable to be located next to an existing neighborhood. However, this property is not adjacent to the nearby residences and, moreover, the intensity of the use is not expected to impair or diminish the enjoyment or operation of permitted residential uses nearby if all applicable city regulations are followed. The board must find that the establishment of the use will not significantly Standard (3) impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. Would the requested use be likely to impede the development and improvement of surrounding property for uses already permitted in the area but that don't exist there now? Would it impede improvement of property for existing uses? The area surrounding this location is zoned primarily for light industrial and commercial uses. The industrial zoning district was established to accommodate a number of industrial and manufacturing uses, provided such use is not noxious or offensive by reason of emission of odors, soot, dust, noise, fumes or vibrations. Permitted industrial uses include, but are not limited to: • commercial bakery; • distribution center; • electrical components manufacturing; • ice cream plant; • machine shop; • pottery manufacturing; • warehouse; and • welding shop. A vehicle storage facility stores vehicles (cars and trucks) only; no repairs or salvage would be permitted. Staff considers this to be a suitable use for a light industrial district, provided adequate site design measures have been taken (e.g., adequate screening, adequate storm water controls, lighting appropriate for the district, etc.). Some commercial uses are also permitted in the Industrial zoning district and in the nearby C-2 general commercial zoning district. The C-2 district was established to accommodate commercial activities that cannot generally be accommodated in the C-1 restricted district, which is a lighter zoning district more oriented toward retail and office uses. The C-2 district permits the storage of goods, materials, equipment, machinery and vehicles outside of enclosed buildings. A-3 The proposed use is not expected to generate significant amounts of traffic, noise, or crime, or to have other noxious effects such as pollution or odors. As long as adequate site control measures are in place, it is not expected that development of surrounding properties for most commercial uses would be impeded by the establishment of a vehicle storage lot at this location. The Future Land Use Plan shows this area to be light industrial and commercial, so the proposed use should not impede development under the city's long—term development plans. However, the types of facilities for light industrial and commercial uses envisioned in the comprehensive land use plan are of a higher development quality than the existing facilities. Market pressures will likely bring significant redevelopment to the area consistent with the comprehensive plan, and the existing buildings could present a development impediment at that time. But these pressures are not likely to occur for at least the next few years. Staff recommends allowing continued use of the existing facilities for now, provided the facilities meet all applicable building and fire codes, as well as any other relevant development codes. Standard (4) The board must find that adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided. Utilities According to the Public Works director, water and sewer facilities are available for this property. However, the property may not already be tied into the water and sewer lines, and if that is the case, the applicant will need to pay applicable costs and tie into the city utility system. Drainage The city's storm water coordinator has determined that the existing storm water facilities are adequate at this time, based on current improvements/paving. However, it should be noted that if additional areas of the property are paved, then additional storm water facilities will be required. If the special exception is granted, the applicant should note that it does not exempt the business or property owner from being required to install additional storm water facilities as needed. Parking lot and ingress/egress Mr. Tran (applicant) has indicated that there will not usually be an employee on site, as customers will have individual access to the storage area. Staff does not expect a large number of customers to visit the site at one time and have determined that the existing parking lot has a sufficient number and size of parking spaces for this use. However, the parking lot needs to be restriped. The streets department considers the ingress and egress facilities for the property to be adequate; however, one of the gates to the property should not be used to access the storage area until the lane into the storage area is paved (see photographs). Other site improvements The paved area to be used for parking is not marked to indicate individual storage locations for vehicles, and the concrete is cracked and in need of repair (see attached photographs). Before the site is used for vehicle storage, adequate customer parking spaces should be provided, and the cracks in the storage area paving should be repaired. Landscaping was provided as part of the TxDOT Green Ribbon grant program. As long as the landscaping is maintained, the current landscaping is sufficient for this site. A-4 The board must find that adequate measures have been or will be taken to Standard (5) provide ingress or egress so designed as to minimize traffic congestion in the public streets. "Adequate measures"would include an adequate drive approach, deceleration lane if needed, etc. The property has three drive approaches on Kennedale Pkwy. Two of the drive approaches (the second and third approaches heading south on Kennedale Pkwy) connect to paved surfaces. The other approach (the first one seen while heading south) connects to an unpaved area and should not be used for access. Public Works staff does not have concerns about traffic congestion due to this use at this location. The board must find that the use shall conform to all applicable area, yard, Standard (6). height, lot coverage, building size and exterior requirements and parking space regulations of the district in which it is located. Area, yard, height, lot coverage, building size, and exterior requirements The property has an existing grandfathered building, and the applicant does not plan to change the building footprint. Industrial zoning district The Industrial zoning district does not have a minimum requirement for lot area or building size and has no masonry requirement. Business 287 Overlay district The Business 287 overlay district (Sec. 17-420) requires that any building wall that faces Kennedale Pkwy shall have a minimum of eighty (80) percent of the surface area of the exterior walls constructed from an approved list of masonry materials, but the existing building was constructed before annexation and therefore before the overlay district regulations could regulate development on the property. The board may require compliance with the overlay district regulations as a condition of approval. Parking space regulations The building official has confirmed an adequate number of parking has been provided. However, please note that if the board grants the special exception, the board must specify the minimum number of spaces that must be provided. Staff recommends a minimum of six spaces (including handicapped spaces) be required. Additional requirements of the zoning district The existing pole sign is not in compliance with city regulations. If a new sign is to be installed, the new sign must meet city regulations. However, city code does not require the existing sign to be removed. Staff Recommendation Staff analysis is that the proposed use will meet the standards for a special exception under adequate site conditions. Staff recommends granting the special exception with the conditions listed below. A-5 However, because the applicant has not submitted a site plan or other supporting materials to document how the business and operations will be managed, and because staff does have any knowledge of the applicant's prior experience in managing operations under the standards of a special exception, staff recommends granting the special exception for a period of three (3) years only. Recommended conditions of approval: (1) The applicant shall tie into the city water and waste water systems if the property is not already connected. (2) The parking lot shall be restriped and approved by the city within 90 days of the special exception being granted. (3) The area to be used for vehicle storage shall be striped or otherwise marked (as approved by city staff during the certificate of occupancy permitting process) to allow for vehicle storage in an orderly and safe manner. (4) Only the areas paved with asphalt or concrete shall be used for storing vehicles, customer or employee parking, or any kind of access or circulation. No portions of the drive lanes, entry ways, storage areas, or any other areas accessed by motor vehicles shall be permitted to be used unless those areas are paved with asphalt or concrete as approved by the city. (5) If additional areas are paved, then the applicant shall provide additional storm water facilities subject to review and approval by the city's storm water department. (6) Applicant shall submit a site plan subject to city review and approval as part of his application for a business license and certificate of occupancy. (7) At least six (6) parking spaces shall be provided in the customer/visitor parking lot and maintained in good condition at all times. (8) The special exception shall expire in three (3) years from the date the special exception was granted. If the applicant does not re-apply for a special exception at expiration or if the board does not grant an additional special exception at that time, the use shall be deemed illegal, and the business shall be required to cease operations. Action by the Board of Adjustment The board may grant or deny the request or postpone its vote until a later date. If you postpone your decision, you should state in your motion when the case will be heard by the board again. Sample motions. Sample motions are provided for your reference below. You are not required to use either of the motions provided, but your motion should state why you are granting or denying the request. Approval with conditions Based on the evidence and testimony provided, I find that the proposed use can meets the standards for a special exception under certain conditions and make a motion to approve the requested special exception with the following conditions [list conditions l. A-6 Deny Based on the evidence and testimony provided, I find that the proposed use does not meet [list standards for a special exception not met] and make a motion to deny the request. A-7 sjuewuianoE)jo 1iounoo sexeL lequeo UPON woiJ/f/e5ewl/euae R elep peod les.ieiddy�uet4iW,,y; woad elep lGepunoq le ie ( N D o LL . o Lo x O r r 7 LO z N W W I F, r is 1 f �I a li � 1 O �r AA, . rte, n a to eL LV i 4 i eT 1 ° ma�'R �`• `+t; C,K` ^ T std�, � � � �` `� E 1 4•+ 0 — a N � O 7 O O N r O o ° N CO 0- Y 0_' cn tV L r� d: e � r fl tom' l� yLy r -a G POW IL jot MW Ali kX 3 _ �! d h . �1 S L µ IL IN Q � Q O O LL a O a a� ca Q Q 3U) � M � Z)Q as aoo_nn o 'lvJ o -0 O a O LO Q Q a Q 0 Q 0 a O a d a Q o o J LL 0 U U O LL a con es ♦ �/ 0 o a M Q Q v� Q Q LL a a Q Q Q Q a LL 0 a Q Q_ a a Q o ry OU U U U c) LL U U U LL LL LL LL LL LL LL U O LL � U U LL LL LL LL LL U _ U LL U � U � LL 5 LL J LL LL _ U U LL Q m a Q a Q a LL LL Q Q a s U LL LL LL a a a Q a a a a LL LL LL U STATE USE CODES A RESIDENTIAL F COMMERCIAL/INDUSTRIAL Al Single-Family F1 Commercial A2 Mobile Homes F2 Industrial A3 Condominiums F3 Billboards A4 Townhomes A5 Planned Unit Development (PUD) G OIL/GAS/MINERAL RESERVES A9 Interim use IG11 Oil/Gas/Mineral Reserves B RESIDENTIAL J UTILITIES B1 Multi-Family J1 Water Systems B2 Duplex J2 Gas Companies B3 Triplex J3 Electric Companies B4 Quadraplex J4 Telephone Companies J5 Railroads C VACANT PLATTED LOTS/TRACTS J6 Pipelines C1 Residential J7 Cable Companies C2 Commercial J8 Other C3 Rural C6 Vacant Exempt (Right-of-Way) L COMMERCIAL/INDUSTRIAL L1 Commercial BPP D ACREAGE L2 Industrial BPP D1 Ranch Land D2 Timberland M MOBILE HOMES D3 Farmland M2 Private Aircraft D4 Undeveloped M3 Mobile Home M4 Other Tangible PP E FARM/RANCH E1 House + Limited Acres O RESIDENTIAL INVENTORY E2 Mobile Home + Limited Acres 01 Vacant E3 Other Improvements 02 Improved Standard Distribution Data, 2013 Appendix C BOA 16-01: map showing surrounding zoning 0 o m 00 0 Q LL 28� eG s Legend BOA 16-01 site Property boundaries PD-Industrial tIndustrial - C-2 General Commercial Manufactured Home R-3 Single Family Residential R-2 Single Family Residential R-1 Single Family Residential ELOR RD City Limits 0 500 1,000 Feet Standards for Special Exceptions (1) Will the establishment, maintenance, or operation of the use you are requesting be materially detrimental to or endanger the public health, safety, morals or general welfare? N0 , V4va,- Try�,e r l�1 VJA\ �A e_ci c�� o"4) Oovk. -°o 4a� . � �1��� �o.e L>-Iv ('u-&'A Uwe(1 ov-,C G\" 0-,Vd~S VvA I (2) Will the uses, values and enjoyment of other property in the neighborhood for purposes already permitted be in any foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the use for you are requesting a special exception? c V\(\ �\,)�O`Jy,\.yv i- V_, �t/ 'V�(1�'\�1 �?'��i,� �-�llk. �UC�V�JV�(,uAJY``'L,� ��r' -�'�/��,,. ��('(��-(;rf" ��. `.-`•".�� , (3) Will the establishment of the use you are requesting significantly impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district? N0, ��s 1 W;1 A �-(,ujwk Y1 w !4��r� Uv'Vv"Vk UV(V"S 0 t cue �� �v��l �'W-VO A (vc- "-C-S �-C;Cm�W Ck A (4) Have adequate utilities, access roads, drainage and other necessary site improvements been (or wi I'� be)' provided? (If adequate improvements are not already in place, you must demonstrate what improvements You will make and how/when.) A ) �\AA- V\9-C& `:WMV(�e (5) Have adequate measures been taken or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets? VAA \ V�k, off- Vv\-U 9 4 �.e� e�n� ,s '\- OVA- o Ji-e inn �'Vo'u, . i (6) Does the use conform to all applicable area, yard, height, lot coverage, building size and exterior requirements and parking space regulations of the district in which it is located (see Sections 17-405, 17-421, I and 17-424 of Kennedale city code)? Sy-m�ox V'-V.. i i revised 2.1.2013 Page 5 O O (D -0 U O U O U }' C6 � O 0 a : � �L !�, r (D —o N O f c O Y _0 0 _0 .� pl � ` �O O U) C: O !E(1) U r7� •� O O _i _ 4 O O i Q > p 0) N C: Q U) X -I.- O —0 —0 O C: O 0 — L � � N Q— Q- 0 C: y C: s � O U U 0O U O O cn L O 14- - '. O C: U LDa) i i w C6 C6 Y 0 U � O i L M1 U N N N O O �I a� jI o Y e' \O W Cpl+ i i Y I . � I a r C � i O 4 cn cn � I cn 0) cn ' U L O O r � {� P r � X i " Y 0 I "'ill C: }0 Y L .. I Y U 4 . I '• �y_- _y X1.6 cn w O C6 i II o 0) • �U I � Y L I O Y Y Y U I I Q) f � � O Q OL "I Q- 0 EwaL:= 1 T , 1 dr _- a VA f SAS, M t. v ' f ^ � 11 1 � I L j I 1� + a� a� + Q' 3 � m � U N O pa U ++ Q, U +� ! 4—i O O � +� O0 LI-4 > H 4-a �4 + O 'o +I 3 m � H ƒ \� e � � m ■ @ Q » � / � [ � , ? , . . . . . � m .. Q / \ a .w g / [ � @ / Q4 @ / . Q » Q @ o o » Q \ / @ Q . e .\ \ . � . . a Q Q . 2 2 u \ ` ® ~ / / j d \\ • 4 © - »©«\ / / / II I W r� �I rd _ • ti i i+ 1 • • Q4 U • 1 � • • • • • j I � n I� x, ic KENNEDALE Board of Adjustment www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: April 5, 2016 Agenda Item No: REGULAR ITEMS - B. I. Subject: Consider approval of changes to Board of Adjustment Rules of Procedure II. Originated by: III. Summary: The Board of Adjustment Rules of Procedure has not been updated for a number of years, and the procedures outlined in the handbook are now out-of-date. City staff and our attorney have revised the procedure manual and are submitting to the Board for its consideration. IV. Recommendation: V. Alternative Actions: VI. Attachments: 1. JBOA rules of procedure (updated) BOA handbook updated March 2016. df 61_ t4NEDA 4 EST. 1887 YOU'RE HERE YOUR HOME BCaARD OF ADLUSTM ENT RULES CF PROCEDURE Updated March 2016 FORWARD The Kennedale Board of Adjustment is a quasi-judicial body appointed by the City Council as provided in the Texas Local Government Code, Chapter 211. Composition of the Board and operating authority are promulgated in strict compliance with the State enabling act. The Board is empowered to make special exceptions to the terms of the City Zoning Ordinance that are consistent with the general purpose and intent of the ordinance and with any applicable rules contained therein. These FUles of Procedure are adopted in order to assure inclusion of the above consideration into the above consideration into the efficient operation of this Board. i Tableof Contents =ON SJB,ECT PAGE 1 Organization and Officers 1 2 Meetings 2 3 Official Fbcords 4 4 Appeal Procedures 5 5 Hearings and Decisions 8 6 Certifications and Amendments 11 AppendixA Action on Zoning Decisions 13 Appendix B gDecial Exceptions 14 Appendix C Variances 16 ii SECTI ON 1 : ORGAN I ZATI ON AN D OFFI CERS 1.1 Organization The Board of Adjustment shall consist of those members appointed by the City Council and shall be organized under the laws of the State of Texas and the Zoning Ordinance of the City. 1.2 Officers A Chairman and Vice-Chairman shall be appointed annually by the City ODuncil and as such other times as these offices may become vacant. The Gay's chief administrative officer shall designate his representative to serve the Board as Board Secretary. 1.3 Dut i es A. The Chairman, or in his absence the Vice-Chairman, shall preside at all meetings, shall decide all points of order or procedure, and as necessary shall swear in witnesses or compel their attendance. B. In the absence of both the Chairman and the Vice-Chairman, the Acting Chairman shall preside. The Acting Chairman shall be a regular member (or if no regular member is present then an alternate member)whose last name is closest to the beginning of the alphabet. C The Board Secretary shall be custodian of the minutes and other official records, shall attend to the correspondence of the Board, and shall cause to be given noticesas are required and in the manner prescribed by law. 1.4 Riles of Order Fbberts Riles of Oder, latest revision, shall be the Board's final authority on all questions of procedures and parliamentary law not covered by these FUles of Procedure. A failure to strictly adhere to the procedures set forth in Fbbert's FUles of Oder shall not constitute grounds for the invalidation of any motion or order made by the Board. - 1 - SECTI ON 2: M EETI NGS 2.1 Quorum A quorum shall consist of four members present. Each member, including the chair, is entitled to one (1) vote. No proxies shall be allowed to establish a quorum or to transact business of the Board. In the absence of a quorum, the following persons (in the noted order) shall call the meeting to order. The Chairman, the Vice- Chairman, the Acting Chairman, or (if no Member is present) a Staff member may call the meeting to order, announce the absence of a quorum, and announce the adjournment of the meeting until a specific date, time, and place when the scheduled agenda items/ public hearingswould be resumed. Should the absence of a quorum be known in advance of a scheduled meeting, the Chairman authorizes the Board Secretary, or other Staff member, to preside at the meeting by rescheduling the meeting/ hearing to a date certain. 2.2 Agenda An agenda shall be prepared by the Board Secretary for each meeting of the Board. The agenda shall include appeals and other matters scheduled for consideration by the Board. There shall be attached to the agenda a list of matters pending further action by the Board and pending report of disposition by the Board Secretary. A copy of the agenda shall be posted at the City Hall as required by law for at least 72 hours prior to the start of the meeting. 2.3 Board Meetings Board meetings will be held at least four (4) times per year on a regular day and time selected by its members. Should no matters be scheduled for consideration by the Board, no meeting shall be held except as directed by the Chairman of the Board. The chair may call special meetings as necessary. All special meetings shall be subject to the notice requirementsof state law. The Board may schedule work sessions to address administrative matters or proposed ordinance revisions. These sessions are for discussion purposes only. No decisions on case-related matters shall be made at a work session. The Board may convene into executive section pursuant to Section 551.071 to seek the advice of the Town Attorney about pending or contemplated litigation or to seek or receive the attorney's advice with regard to legal issues relative to a case pendingthe Board's consideration. - 2 - 2.4 Public Meetings Al meetings shall be held in full compliance with the provisions of state law, the Zoning Ordinance of the City, and these Fbles of Procedure. Any party in interest may appear in his own behalf or be represented by counsel. - 3 - SECTI ON 3: OFFI 0 AL RECORDS 3.1 Definition The official recordsshalI include these rules and regulations, and them inutes of the Board together with all findings, decisions, and other official actions. Stenographic notes of the Board Secretary and tape recordings of proceedings and discussions shall not constitute the official record of the Board. 3.2 Recording of Vote The minutes of the Board's proceedings shall show the vote of each member on each decision of the Board, or if absent or failing to vote shall indicate that fact. 3.3 Files-F;btention Al appeals and other matters coming before the Board shall be filed in the City's records. Original papers of all appeals shall be retained along with other special mattersas required to meet records disposition and retention schedules. 3.4 Public Fbcord The official record, appeals accepted for filing, and other matters presented to the Board in regular or special meeting shall be on file in City Hall and shall be available in accordance with the Texas Open FbcordsAct. 3.5 Written Decision Al decisions of the Board shall be in writing, shall indicate the decision of the Board and shall be filed in City Hall no later than the following business day after such decision has been made. However, the failure to timely file the decision shall not have any effect on the validity of the decision. - 4 - SECTI ON 4: APPEAL PROCEDU RES 4.1 Types of Appeals The Board shall consider only three types of appeals as are authorized under Local Government Code, Chapter 211, as amended and under the Zoning Ordinance: (1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of Local Government Code, Chapter 211, or any ordinance adopted pursuant thereto. (2) To hear and decide special exceptions to the terms of the ordinance upon which the Board is required to pass under such ordinance. (3) To authorize upon appeal in specific cases such variance from the terms of the ordinance aswiII not be contrary to the public interest, where owing to special conditions, a literal enforcement of the ordinance will result in unnecessary hardships, and so that the spirit of the ordinance shall be observed and substantial justice done. 4.2 Refusal Required No appeal shall betaken to the Board until and unless the Enforcing Officer has first refused a permit for plans submitted or has rendered an interpretation of the Zoning Ordinance. 4.3 Application Required Every appeal shall be filed on application forms provided by the City, shall be accompanied by the prescribed fee, and shall be complete in all respects before being accepted for filing. The application shall bear the signature of the owner of the property under appeal or shall be accompanied by a letter from the owner acknowledging taking of the appeal. An incomplete application or a communication purporting to be an application and not made in the form prescribed shall be regarded only as a notice of intent to appeal, and shall not be considered or acted upon by the Board. 4.4 Guidelinesfor Application and Decision Every appeal shall be prepared by the applicant and shall be considered by the Board according to the guidelines contained in the Appendices to these Rules for the types of appeal under consideration. Where two or more different types of appeals are included in the same application, each set of guidelines shall apply to the consideration of the appeals. 4.5 Fling Deadline An appeal shall be filed with the Board within fifteen (15) days after the date of decision of the Enforcing Officer. - 5 - 4.6 Notice The Board of Adjustment shall hold a public hearing on all appeals made to it and written notice of such public hearing shall be sent in accordance with the provisions of state law and the zoning ordinance. 4.7 aibmission of Evidence Evidence supporting the grant or denial of an appeal shall be submitted only through the Board Secretary or to the Board in public hearing. Decisions of the Board may be based on any credible evidence, including a member's own familiarity with a site. However, members of the Board should refrain from conducting independent investigations into any appeal and should consider only the evidence and testimony introduced at the meeting through the public hearing process and the background information presented by City staff through the information packet. Where deemed necessary, the Board may request City staff to obtain any additional relevant information for the Board's consideration. The Chairman shall have the authority to compel the attendance of witnesses concerning any action before the Board. Any member of the Board may request that the Chairman compel the attendance of a witness to provide testimony and answer questions. A request from a member of the Board must include an explanation asto how the requested testimonywould aid the members in deciding a case before it. A request shall not be considered complete if it does not contain an explanation related to the need for the testimony. Upon receipt of a completed request, the Chairman may sign a document compelling the attendance of the requested witness. The document signed by the Chairman must be hand-delivered to the witness. 4.8 Withdrawal of Appeal Any appeal may be withdrawn upon written notice to the Board Secretary; but no appeal shall be withdrawn after giving notice and prior to Board action thereon without formal consent of the Board. No feesshall be refunded. 4.9 Appeal After Board Denial No appeal to the Board of Adjustment for the same or related variance, special exception, or decision on an appeal for the same piece of property shall be allowed prior to the expiration of one hundred and eighty (180) days from a previous ruling by the Board unlessother property in the immediate vicinity haswithin the said one hundred and eighty (180) day period, been changed or acted on by the Board of Adjustment or City Council so as to alter the facts and conditions on which the previous Board action was based. Such change of circumstances shall permit the rehearing of an appeal by the Board of Adjustment prior to the expiration of the - 6 - one hundred and eighty (180) day period, but such conditions shall in no way have any force in law to compel the Board of Adjustment, 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. 4.10 Expiration of Granted Appeal Any special exception or variance granted or authorized by the Board of Adjustment under the provisions of this ordinance shall authorize the issuance of a building permit or a 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 in the minutes of its action. If the building permit and/or Certificate of Occupancy shall not have been applied for within said ninety (90) 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 specified for the original appeal. - 7 - SECTION 5: HEARINGSAND DECISIONS 5.1 Public Hearings Hearings on all matters on which a decision of the Board is required bylaw shall be open to the public. The applicant may appear in his own behalf or be represented by council or agent. 5.2 Order of Business Prior to the beginning of the hearing, the Board will attempt to record those present at the meeting. The Chairman shall call the Board to order and the Board Sacretary shall record the members present and absent. The Chairman shall publicly advise those present of the procedures and any special procedures followed in the hearing and disposition of appeals; he/she shall call each appeal in the order listed on the agenda and shall announce the name of the applicant, the location of the property involved, and the nature of the request. The Board Sacretary shall publicly advise the Board of any communications received. Supporting evidence for and against each case shall be presented to the Board. Each case may be taken under advisement until all have been heard. 5.3 Proceduresfor Hearing A. Before opening the hearing, the Chairman shall ask the Board S9cretary to swear in all those in attendance who wish to speak at the hearing. After opening the public hearing, the Chairman shall first call upon the applicant, if present, to present the applicant's case and all evidence supporting the applicant's request. Atrue and correct copy of all written evidence, documents, photographs, and audio or videographic evidence presented at the hearing shall be included in the record of t he case. B. The applicant will have fifteen (15) minutesto present his case and all supporting evidence, including presentations by witnesses or supporters brought by the applicant. The applicant may ask for one(1)extension of a maximum of five (5) minutes, if needed, to complete his presentation. The Board may then ask questions of the applicant. The Board'squestionsand the applicant's responses shall not be counted towardsthe applicant's fifteen minutes, but responses must be directly related to and on point for the Board's questions. The response period shall not be used to raise issues not raised during the presentation or present evidence not presented during the presentation unlessthe Board specifically asks for such evidence. C The Chairman shall then call upon those members of the public who wish to express their support for the granting of the applicant's request. Each person who wishes to speak shall state their name and address for the record. Each speaker will have a maximum of three(3)minutesto addressthe Board. The Chairman may establish - 8 - other reasonable time-limits for the members of the public as deemed necessary by the Chairman. D. The Chairman shall next call on those members of the public who wish to express their opposition to the granting of the applicant's request. Each person who wishes to speak shall state their name and addressfor the record.. E Each speaker will have a maximum of five (5) minutes to address the Board. The Chairman may establish other reasonable time-limits for the members of the pu bl is as deemed necessary by t he Chairman. F. The applicant shall have the opportunity to cross examine any adverse witness immediately after that person provides the testimony or evidence. The applicant shall have a maximum of five (5) minutesto cross examine adverse witnesses. The applicant shall be given the opportunity to rebut the arguments and evidence presented by adverse witnesses at the conclusion of the public hearing and after all evidence has been heard. The applicant shall have a maximum of five (5) minutes to rebut. Following the rebuttal, the Chairman shall order the hearing closed. G. Each person speaking shall proceed without interruption by any other person, and all arguments and pleadings shall be addressed to the Board. It shall be the responsibility of the Chairman, or Vice Chairman in the Chairman's absence, or the Acting Chairman in the Vice Chairman's absence, to maintain order and proper decorum during the hearing. No questioning or arguments between individual witnesseswill be permitted. During the hearing, no member shall argue an issue with the applicant, nor indicate the member'sfinal vote on the applicant's request until such time asthe vote iscalled. Nothing herein shall be construed to prohibit a member from expressing hisor her opinion asto the meritsof the applicant's request or asto the existence of any hardship. H. Following the applicant's rebuttal, the Chairman shall order the public hearing closed. After the hearing is closed, the members may deliberate regarding the merits of the applicant's request and may vote on a motion made and seconded with respect to the disposition of the request. I. f. The Board may act on any request for which the applicant fails to appear after conducting the pre-scheduled public hearing. The Board may not continue (postpone) a hearing on any appeal for which the applicant fails to appear unless the applicant has requested in writing that the Board act without his/her being present at the hearing; provided, however, the Board shall hear those persons appearing in response to the notice of hearing. 5.4 Board's Questions The Chairman may direct any question to the applicant or any persons speaking in order to bring out all relevant facts, circumstances, and conditions affecting the appeal, and shall call for questions from other members of the Board and from the staff before closing the hearing on each appeal. - 9 - 5.5 Decision After all appeals have been heard, each separate appeal shall be reviewed and acted upon in order. During its review, the Board may call back any applicant for clarification of fads presented in the hearing. Normally decisionson appealswill be given within thirty (30) days after the required public hearing or after receipt of all evidence or information. 5.6 Disposition of Appeals The Board may grant, may grant with modifications, or may deny any appeal. The Board may also defer action on any appeal whenever it concludes that additional evidence is needed or that alternate solutions need further study. An appeal may be dismissed when the Board finds that the appeal has been improperly filed or, upon notification by the Enforcing Officer, that permits have been issued for a conforming use or development of the property. 5.7 Vote Required The concurring vote of four members shall be necessary to grant, or to grant conditionally, any matter appealed to the Board. When a motion in favor of an applicant fails to receive four affirmative votes, the Board secretary shall record that fact in the minuteswith an entry stating that the Board has denied the appeal. A motion to deny a request shall pass on the vote of a simple majority of the members. should a motion to deny fail to receive a majority vote, another motion must be made (e.g., "motion to approve", "motion to postpone", etc.)to dispose of the case. A simple majority vote of the members shall be required to approve any motion other than a motion to approve a request. All motions must receive a second to be considered by the Board. 5.8 Reconsideration: Fling of Request Any appeal which has received final action may be reconsidered by the Board only upon the filing of a written request. Provided, however, such a request to reconsider shall state clearly (1) how the Board may have erred in its determination and (2) why the action should be reconsidered. The request shall be accompanied by any new evidence not available to the applicant or the Board at the time of original consideration. - 10 - SECTION 6: CERTIFICATION AND AMENDMENTS 6.1 Certified Copy A certified copy of these Rules of Procedure and of any subsequent amendments thereto will be placed on record in the office of the City Secretary within ten (10) days following date of adoption. 6.2 Repealing Clause All previously adopted rules of procedure of the Board shall be and the same are hereby expressly repealed. 6.3 Amendment Procedure Amendments to these FUles of Procedure may be made by the Board at any meeting upon the affirmative vote of four members, provided any such amendment is proposed at a preceding meeting and spread on the minutes of such meeting. By unanimous consent of five members, amendments may be adopted at the meeting at which introduced but shall not become effective until the next regular meeting. 6.4 Informal Advice The Board or its individual members shall not consider a request (informal or not) for advice on theoretical or actual situations which potentially may later come before the Board asan appeal or application. - ll - ADOPTED: THIS DAY OF , 20 Board of Adjustment Chairman ATTEST: Board of Adjustment SBcretary ************ Fled in the Office of the City SBcretary this day of , 20 Oty SBcretary City of Kennedale, Texas. - 12 - APPENDIX A BOVU CF ADJJSTM ENT RULES OF PROCURE ACTI ONS ON ZONI NG DEC!S ON A-1- Basisfor Fling Whenever it is alleged that action is required on any determination or application of the requirements of the Zoning Fbgulations, an appeal for interpretation of the regulations of map designations may be filed with the Board. A-2- Papers Required An appeal shall include: 1) Two site plans, drawn to scale (illustrating the erroneous and the proper application of the map or text provisions). 2) A STATEMENT by the Applicant describing the way it is alleged the Pbegulation should be interpreted. 3) The STATBMBNTbythe administrative official upon which the appeal is based. A-3- Basisfor Action A. Before acting on an appeal for interpretation, the Board shall consider: 1) the facts and statements filed in the application; 2) the testimony presented at the public hearing; 3) the City staff's technical report on the appeal. B. The appeal may be approved provided the applicant has demonstrated to the satisfaction of the Board that one or more of the following conditions exist and that the decision of the Board would be in the best interest of the community and would carry out the spirit and intent of the Zoning F;bgulations. 1) that there is reasonable doubt that the interpretation of the administrative official reflectsthe specific intent of the regulationsor map; 2) that an approval of the appeal would clearly permit a use which is in character with the uses enumerated for the various zones and with the objectives of the zone in question; and 3) that the resulting interpretation will not grant a special privilege to one property inconsistent with other propertiesor uses similarly situated. - 13 - APPENDIX B BOVU OF AEWSTM ENT RULES OF PROCEDUF;E SPEGAL EXCEP11 ONS B-1: Special Exception: Basisfor Fling Whenever zoning regulations require specific approval by the Board for the development of use of property, an application for a special exception shall be approved by the Board before the Enforcing Officer shall issue a permit for the proposed construction or use. The application shall be made using forms provided by the City, shall be accompanied by the prescribed fee, and shall be complete in all respects before being accepted for filing. The application shall bear the signature of the owner of the property under appeal or shall be accompanied by a signed, notarized letter from the owner acknowledging taking of the appeal. An incomplete application or a communication purporting to be an application and not made in the form prescribed shall be regarded only as a notice of intent to file an application, and shall not be considered or acted upon bythe Board. B-2: Special Exception: Papers F;bquired An application for aspecial exception shall include: 1) Two 9TER-AN$ drawn to scale, showing all lot dimensions, and the location and dimensionsof all exiting and proposed lot improvements; 2) A STATEMENT by the Enforcing Officer citing the reason for referral of the proposal to the Board; and 3) A STATEMENT by the applicant describing the way in which all conditions prescribed by zoning regulationsand bythese ruleswill be or have been met. B-3: Special Exception: Basisfor Action A. Before aging on the application, the Board shall consider: 1) the facts filed with the application; 2) the testimony presented at the public hearing; 3) the City staff's technical report on the application. B. The Board will grant the application, subject to such special terms and conditions as it deems necessary to ensure compatibility of the proposed use or development with adjacent and similarly zoned properties, provided the applicant has demonstrated to the satisfaction of the Board: 1) that all conditions enumerated in the Fagulations for the gDecial Exception use or development will be complied with; 2) that the proposed use will not obnoxious, dangerous, or hazardous to persons or property at or near such location; - 14 - 3) that, where the Board finds it necessary, provisions will be made for the installation and maintenance of the best practical means known for the abatement of obnoxious or offensive fumes, gas, dust, smoke, odor, water carried waste, noise, vibration, or similar nuisance; and 4) that the granting of the exception will further the objective, spirit, and intent of the zoning regulations. - 15 - APPENDIX C BOVU CF ADJJSTM ENT RULES CF PROCURE VARIANCES G1: Variance: Basisfor Fling Whenever, due to exceptional and extraordinary conditions, the literal enforcement of the provisions of the zoning regulations will result in unnecessary hardship in the development of the property, an appeal for a variance may be filed with the Board of Adjustment. G2: Variance: Papers Required An appeal for variance shall include: 1) An APPLICATION on forms provided by the Oty, accompanied by the prescribed fee, and complete in all respects. The application shall bear the signature of the owner of the property under appeal or shall be accompanied by a signed, notarized letter from the owner acknowledging taking of the appeal. An incomplete application or a communication purporting to be an application and not made in the form prescribed shall be regarded only as a notice of intent to file an application, and shall not be considered or acted upon bythe Board. 2) Two SITEPLAN$ drawn to scale, showing all lot dimensions, and the location and dimensionsof all exiting and proposed lot improvements; and 3) A STATEMENT OF FACTSAND REASDNSwhy the zoning regulations should not be applied to the property in question and how the standards governing the Board's actions would be satisfied; and 4) A STATEMENT by the Enforcing Officer citing the reasons for refusing to issue a permit under the plans submitted. G3: Variance: Basisfor Action A. Before aging on an appeal for variance, the Board shall consider: 1) the facts filed with the application; 2) the testimony presented at the public hearing on the appeal; 3) the City staff's technical report on the application. B. The Board will grant the appeal, subject to such terms and conditions as it may fix, provided the applicant has demonstrated to the satisfaction of the Board that the conditions governing the granting of a variance as set forth in the zoning regulations are satisfied and that the decisions of the Board would be in the interest of the community and would carry out the spirit and intent of the zoning regulations. C The Board must find that the following requirements are met in each application which is approved. (Note: SDme requirements may be difficult to determine - 16 - accurately; however, an approving motion should refer to at least three requirements specifically being met.) Approval would be appropriate isthere is 1. Finding of hardship. 2. Finding that literal enforcement of the ordinance would work an unnecessary hardship. 3. Finding that the piece of property is unique and contains properties or attributes not common to other similarly situated properties. 4. Finding that the need for the variance was not created by the applicant. 5. Finding that the hardship isfinancial alone. 6. Finding that the granting of a variance will not be injurious to the public health, safety, and welfare or defeat the intent of the philosophy contained in the zoning ordinance. G4: Variance: Special Information Fbquired A. When an appeal is based upon hardship resulting from sharp changes in topography or unusual terrain features, the SITE PLAN shall include topographic information related to know base point or surveys, and profiles of the particular problem involved, including relationship to topographic features of adjoining properties. B. When an appeal is submitted for variance of side or rear yard requirements, the applicant shall provide the same information for the properties adjoining the common lot line as may be applicable to the appealed requirements. C When an appeal is submitted for a variance from front yard setback, or for side yard setback on a side street, the applicant shall furnish a strip map showing the setback of main walls of all buildings on the same side of the street within a distance of 200 feet of the applicant's property. - 17 -