AGENDA BURLESON PLANNING AND ZONING ... - City of Burleson

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Apr 15, 2014 - Irrigation required. 86-107 Landscape. Ordinance. Irrigation provided. In Conformance. Building material
AGENDA BURLESON PLANNING AND ZONING COMMISSION April 15, 2014 BURLESON CITY HALL 141 W. RENFRO BURLESON, TX 76028 WORK SESSION- 6:00 p.m. Call to Order 1.

Review of cases on the agenda.

2. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec.071, Sec. 551.072, Sec. 551.073, Sec. 551.074, Sec. 551.076, Sec. 551.087, and Sec. 418.183(f) of the Texas Government Code (Texas Disaster Act). Executive session may be held, under these exceptions, at any time during the meeting that a need arises for the Planning and Zoning Commission to seek advice from the City Attorney as to the posted subject matter of this Planning and Zoning Commission meeting. Adjourn. REGULAR SESSION – 7:00 p.m. Call to Order Invocation Pledge of Allegiance 1.

Consent Agenda All items listed below are considered to be routine by the Planning and Zoning Commission and will be enacted with one motion. There will be no separate discussion of the items unless a Commissioner or citizen so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence. Approval of the consent agenda authorizes the Development Services Director to place each item on the City Council agenda in accordance with the Planning and Zoning Commission’s recommendations. A.

Approve the minutes from April 1, 2014 Planning and Zoning Commission meeting.

B.

Consideration of a Replat of 0.923 acre, Lot 3, Block 1, being a portion of Block 1, G.W. Cummings Addition, located at 101 NW Renfro Street, City of Burleson, Johnson County. (Case No. 14-018)

C.

Consideration of a Commercial Site Plan for Pahanish Karate to be located at 1016 SW Alsbury Boulevard . (Case 14-021)

City of Burleson Planning and Zoning Commission April 15, 2014 Page 2 of 4

D.

Consideration of a Final Plat of 18.7912 acres for Plantation, Phase 3B, adding 65 residential lots and 1 open space lot to the Plantation Subdivision located off of E Hidden Creek Parkway east of Interstate 35W and south of E Renfro Street within the City of Burleson, Johnson County, Texas. (Case 14-022)

E.

Replat of Lots 24R and 25R1, Sparks-Dale Addition, containing 8.135 acres of land, being a replat of Lots 24 and 25R, located on CR 917, City of Burleson, Johnson County, Texas. The subject property is located to the south of CR 917 and east of Interstate 35W. (Case 14-026)

2.

Public Hearing A. Public hearing and consideration of an amendment to the Specific Use Permit approved as Ordinance C-737-13, to clarify wording of approved regulations and to request revisions to the fencing/screening requirements; and also, consider an amendment to the Commercial Site Plan to allow for modification of the tree preservation area due to a utility easement. The subject property is addressed as 3031 S. Burleson Boulevard. (Case 14-035)

3.

Other Items for Consideration A. Replat of Lots 1R1 and 2R, Block 6, Highpoint Business Park of Burleson, being 7.041 acres of land out of the H. Lewis Survey, Abstract 517, City of Burleson, Johnson County. (Case 13-072)

4.

B.

Consideration of a Commercial Site Plan for Stuart Industries to be located at within Highpoint Business Park at 5700 Highpoint Parkway. (Case 14-014)

C.

Consideration of a Preliminary Plat for Lots 1 and 1R, Block A, Villages of Wakefield Addition, being 14.283 acres containing two commercial lots. (Case 14-023);

D.

Consideration of a Final Plat for Lot 1, Block A, Villages of Wakefield Addition, being 6.034 acres containing one commercial lot. (Case 14-024);

E.

Consideration of a Commercial Site Plan for Lot 1, Block A, Villages of Wakefield Addition, being 6.034 acres containing one commercial lot. (Case 14-025).

F.

Discussion of regulations related to the use of temporary shipping storage containers

Community Interest Items This is a standing item on the agenda of every regular meeting of the Planning and Zoning Commission. (The Texas Open Meetings Act effective September 1, 2009, provides that “a quorum of the city council may receive from municipal staff, and a member of the governing body may make a report regarding items of community interest during a council meeting without having given notice of the subject of the report,

City of Burleson Planning and Zoning Commission April 15, 2014 Page 3 of 4

provided no action is taken or discussed.” The Open Meetings Act does not allow the Commission to discuss an item concerning pending Planning and Zoning Commission business unless it is specifically, appropriately posted on the agenda). An “item of community interest” includes the following:  expressions of thanks, congratulations, or condolence;  information regarding holiday schedules;  honorary recognitions of city officials, employees, or other citizens;  reminders about upcoming events sponsored by the city or other entity that is scheduled to be attended by a city official or city employee; and  announcements involving imminent public health and safety threats to the city.

5.

Citizen Appearance (Citizens who have signed a card to speak to the Commission will be heard at this time. In compliance with the Texas Open Meetings Act, unless the subject matter of the presentation is on the agenda, the city staff and Planning and Zoning Commission members are prevented from discussion of the subject and may respond only with statements of factual information or existing city policy. Public comment will not be taken on items that the Commission has previously considered in a public hearing.)

6.

Executive Session A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec.071 of the Texas Government Code (Texas Disaster Act). Executive session may be held, under these exceptions, at any time during the meeting that a need arises for the Planning and Zoning Commission to seek advice from the City Attorney as to the posted subject matter of this Planning and Zoning Commission meeting. Reconvene into open session for possible action resulting from any items posted and legally discussed in Executive Session.

Adjourn. Staff Contact Heather Shankle, Senior Planner 817-426-9610

CERTIFICATE I hereby certify that the above agenda was posted on this the 11th day of April, 2014, by 5:00 p.m., on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas.

City of Burleson Planning and Zoning Commission April 15, 2014 Page 4 of 4

Amanda McCrory Amanda McCrory City Secretary ACCESSIBILITY STATEMENT The Burleson City Hall facility is wheelchair accessible. The entry ramp is located in the front of the building. Accessible parking spaces are also available in that area. Sign interpretative services for meetings must be made 48 hours in advance of the meeting. Call the A.D.A. Coordinator at 817-426-9600 or TDD 1-800-735-2989.

April 15, 2014 1A-1

Memorandum To:

The Burleson Planning and Zoning Commission

From:

Peggy Fisher, Senior Administrative Assistant

Date:

April 15, 2014

Subject:

Minutes from the April 1, 2014 Regular Session Planning and Zoning Commission Meeting.

Commission Action Requested: Approve the minutes from the April 1, 2014 Regular Session of the Planning and Zoning Commission Meeting. Background Information: None. Board/Citizen Input: None. Financial Considerations: None. Attachments: Minutes of the April 1, 2014 Regular Session of the Planning and Zoning Commission. Staff Contact: Peggy Fisher Recording Secretary 817-426-9611

April 15, 2014 1A-2

PLANNING AND ZONING COMMISSION April 1, 2014 MINUTES Roll Call Commissioners Present Dan Boutwell Koy Killen Jack Eades Duaine Goulding John Young Brenda Gammon

Commissioners Absent Amanda Harris

Staff Fritz Quast, City Attorney Laura Voltmann, Planning Manager Heather Shankle, Senior Planner Michelle McCullough, P.E., CFM, Civil Engineer Joni Parsons, Development Coordinator Peggy Fisher, Administrative Assistant WORK SESSION Call to Order – 6:10 PM 1.

Review of cases on the agenda.

Heather Shankle presented a brief overview of the cases on the regular meeting agenda. 2.

Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec.071, Sec. 551.072, Sec. 551.073, Sec. 551.074, Sec. 551.076, Sec. 551.087, and Sec. 418.183(f) of the Texas Government Code (Texas Disaster Act). Executive session may be held, under these exceptions, at any time during the meeting that a need arises for the Planning and Zoning Commission to seek advice from the City Attorney as to the posted subject matter of this Planning and Zoning Commission meeting.

There being no further business Chair Dan Boutwell adjourned the work session. Time – 6:26 PM REGULAR SESSION

April 15, 2014 1A-3

Call to Order – 7:01 PM Invocation – John Young delivered the invocation. 1. Consent Agenda A.

Approve the minutes from March 18, 2013 Planning and Zoning Commission meeting.

B.

Minor plat of Lot 1, Block 1, Pickett Addition, being 1.24 acres of land out of the Smith T. Perkins Survey, Abstract 682, Johnson County, located on the north side of CR 711 at the intersection of CR 711 and CR 809 within the City of Burleson ETJ. (Case 14-012)

C.

Consideration of a Commercial Site Plan encompassing 4.7 acres out of the W. R. Shannon Survey, Abstract No. 85, City of Burleson, Johnson County, for the purpose of constructing an assisted living facility. (Case 13-055)

D.

Consideration of a Commercial Site Plan for Mariposa Apartment Homes to be located at 200 Elk Drive. (Case 14-016)

Motion was made by Commissioner Koy Killen and second by Commissioner Brenda Gammon to approve. Motion passed, 6-0. Commissioner Amanda Harris was absent. 2. Public Hearings A.

Public hearing and consideration of a Replat of 6.713 acres for Hidden Vistas, Phase 3B, Lots 4R-14, Block 11R, being a revision of Lot 4, Block 11R of Hidden Vistas, Phase 3, out of the Thomas Chandler Survey, Abstract No. 127, City of Burleson, Johnson County. (Case No. 14-015)

Heather Shankle presented the case to the Commission, reviewed the staff report, and answered questions from the Commission. Commission Chairman Dan Boutwell opened the public hearing at 7:08 p.m. Commission Chairman Dan Boutwell closed the public hearing at 7:08 p.m. Motion was made by Commissioner Brenda Gammon and second by Commissioner Jack Eades to approve.

April 15, 2014 1A-4 Motion passed, 6-0. Commissioner Amanda Harris was absent. B.

Public hearing and consideration of Ordinance C-XXX-14, a request for a zoning change from Agricultural (A) District to Commercial (C) District for 2.55 acres of land in the GW Parsons Survey, Abstract No. 689, City of Burleson, Johnson County, Texas. The subject property is located at 2915 S. Interstate 35W, being situated on the north side of CR 518. (Case 14-013)

Heather Shankle presented the case to the Commission, reviewed the staff report, and answered questions from the Commission. Commission Chairman Dan Boutwell pulled item 2B from the tabled to be heard at 7:12 p.m. Commission Chairman Dan Boutwell opened the public hearing at 7:12 p.m. Commission Chairman Dan Boutwell closed the public hearing at 7:14 p.m. Guy Kincaid, 149 Prairie Harvest Rd, Abilene, representative of applicant, answered question from the commissioners. Jenny Kincaid, 1337 Shelley Drive, applicant, answered questions from the commissioners. Motion was made by Commissioner Duaine Goulding and second by Commissioner John Young to approve. Motion passed, 6-0. Commissioner Amanda Harris was absent. 3. Other Items for Consideration A.

Consideration of a Preliminary Plat for Lots 1, 2 and 3, Block 1, Burleson/Alsbury Addition, being 3.851 acres containing three commercial lots. The lots are located at 1000 and 1016 SW Alsbury Boulevard. (Case 14-011)

Heather Shankle presented the case to the Commission, reviewed the staff report, and answered questions from the Commission. Motion was made by Commissioner John Young and second by Commissioner Koy Killen to approve. Motion passed, 6-0. Commissioner Amanda Harris was absent. 4. Community Interest Items

April 15, 2014 1A-5

None 5. Citizen Appearance None 6. Executive Session A.

Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, Sec. 551.073, Sec. 551.074, Sec. 551.076, Sec. 551.087, and Sec. 418.0183(f) of the Texas Government Code (Texas Disaster Act). Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the Planning and Zoning Commission to seek advice from the City Attorney as to the posted subject matter of the Planning and Zoning Commission meeting.

Adjourn.

There being no further business Chair Dan Boutwell adjourned the meeting. Time – 7:31PM

_____________________________ Peggy Fisher Administrative Assistant Recording Secretary

April 15, 2014 1B- 1

Memorandum To:

The Chair and Members of the Planning and Zoning Commission

From:

Heather Shankle, Senior Planner, Development Services

Date:

April 15, 2014

Subject:

Consideration of a Replat of 0.923 acres, Lot 3, Block 1, being a portion of Block 1, G.W. Cummings Addition, located at 101 NW Renfro Street, City of Burleson, Johnson County. (Case No. 14018)

Planning and Zoning Commission Action Requested: Recommend approval or denial of a Replat of 0.923 acres, Lot 3, Block 1, being a portion of Block 1, G.W. Cummings Addition, located at 101 NW Renfro Street, City of Burleson, Johnson County. (Case No. 14-018)

Background Information: On March 3, 2014, a replat application was submitted for Lot 3, Block 1, G.W. Cummings Addition. The lot is a 0.923 acre tract of land located at the corner of NW Renfro Street and SW Johnson Avenue within the City of Burleson. Block 1 was originally platted as one lot in 1909; therefore, the replat is required to establish Lot 3 within Block 1 of the G.W. Cummings Addition. The property owner is preparing Lot 3 for the construction of a building to be known as Centre of Burleson and located at 101 NW Renfro Street. The commercial site plan for Centre of Burleson was approved by City Council on March 3, 2014. Access to the lot will be provided off of Magnolia Street as the building frontage will run along both SW Johnson Avenue and NW Renfro Street. The City of Burleson services this property with both water and sanitary sewer service. Planning Analysis: Replat: The regulation of subdivision development is based upon government's legitimate interest in promoting orderly development, insuring that subdivisions

April 15, 2014 1B- 2 are constructed safely, and protecting future owners from inadequate police and fire protection, inadequate drainage and unsanitary conditions. To achieve this goal, the Planning and Zoning Commission appointees and the City Council members have the legislative authority to adopt a subdivision ordinance. A plat cannot be denied for a reason other than failure to comply with applicable regulations. This plat conforms to the requirements of all applicable sections of the City of Burleson Subdivision Ordinance.

Notification/Citizen Input: There is no public input required for this case.

Financial Considerations: There is no expenditure of municipal funds associated with these requests.

Attachments: 1. Location Map 2.

Aerial Map

3.

Lot 3, Block 1 G.W. Cummings Addition proposed Replat

Staff Contact: Heather Shankle Senior Planner Development Services 817-426-9610 [email protected]

April 15, 2014 1B- 3 ATTACHMENT 1 Location Map

April 15, 2014 1B- 4 ATTACHMENT 2 Aerial Map

April 15, 2014 1B- 5 ATT TACHMENT 3 Lot 3, Bloc ck 1 G.W. Cum mmings Additio on Proposed R eplat

April 15, 2014 1C - 1

Memorandum To:

The Chair and Members of the Planning and Zoning Commission

From:

Heather Shankle, Senior Planner, Development Services

Date:

April 15, 2014

Subject:

Consideration of a Commercial Site Plan for Pahanish Karate to be located at 1016 SW Alsbury Boulevard . (Case 14-021)

Planning and Zoning Commission Action Requested: Recommend approval or denial of a Commercial Site Plan for Pahanish Karate to be located at 1016 SW Alsbury Boulevard. (Case 14-021)

Background Information: On March 3, 2014, the property owner submitted a commercial site plan application for the construction of a commercial suite to be located on 1 acre on SW Alsbury Drive. The commercial site plan application proposes one building that will be 8,050 SF and will be divided into two suites.

Planning Analysis: Commercial Site Plan Request:

The proposed building will be constructed of a

combination of stone and stucco. Metal canopies will be located above the glazing located across the front elevation. The building is proposed as two suites, but the property owner has the ability to adjust the building up to four suites. As proposed, one suite is 4,000 SF and will be the future location of Pahanish Karate Studio. The second suite is proposed at 4,050 SF with an undetermined future tenant. Access to the site is through an access easement provided by Members Credit Union located directly adjacent to the property on the south. A 24’ access easement runs along with property to provide access to the adjacent lot to the north.

A tabulated listing of site plan

requirements is presented below that reflects the level of conformance to design standard requirements as depicted on the applicant’s site plan submittal.

April 15, 2014 1C - 2 Provided by

Applicable Ordinance

Ordinance

Provision

Requirements

Landscaping required for

86-103 Landscape

8712 SF req’d

20% of total site area.

Ordinance

8755 SF prov’d

40% landscaping in front yard. Irrigation required. Building material requirement

86-105 (a) 86-107 Landscape Ordinance Sec 10.602 (b)

Applicant on Site Plan

3484 SF req’d 3696 SF prov’d Irrigation provided In excess of the 75% masonry

Conformance to Design Standards

In conformance

In conformance

In Conformance

In conformance

Parking required: 1 space/200 SF of total

134-110

floor area retail;

(16 and 18)

Studio/Fitness suite – 1

Zoning Ordinance

34 spaces required 35 spaces provided

In conformance

space/4 max occupancy Front Yard Setback min 20’

Sec 78-120 (b)

20’

In conformance

Maximum Height 35’

Sec 78-115

24’

In conformance

Notification/Citizen Input: There is no public input required for this case.

Financial Considerations: There is no expenditure of municipal funds associated with these requests

Attachments: 1.

Location Map

2.

Aerial Map

3.

Zoning Map

4.

Site Plan

5.

Building Elevations

April 15, 2014 1C - 3 6.

Landscape Plan

Staff Contact: Heather Shankle Senior Planner Development Services 817-426-9610 [email protected]

April 15, 2014 1C - 4 ATTACHMENT 1 Location Map

April 15, 2014 1C - 5 ATTACHMENT 2 Aerial Map

April 15, 2014 1C - 6

ATTACHMENT 3 Zoning Map

April 15, 20 014 1C - 7 ATT TACHMENT 4 Site Plan

April 15, 20 014 1C - 8 ATT TACHMENT 5 Build ding Elevations

April 15, 20 014 1C - 9 ATTACH HMENT 5 conttinued Build ding Elevations

April 15, 20 014 1C - 10 ATT TACHMENT 6 Landscape Plan

April 15, 2014 1D- 1

Memorandum To:

The Chair and Members of the Planning and Zoning Commission

From:

Heather Shankle, Senior Planner, Development Services

Date:

April 15, 2014

Subject:

Consideration of a Final Plat of 18.7912 acres for Plantation, Phase 3B, adding 65 residential lots and 1 open space lot to the Plantation Subdivision located off of E Hidden Creek Parkway east of Interstate 35W and south of E Renfro Street within the City of Burleson, Johnson County, Texas. (Case 14-022)

Planning and Zoning Commission Action Requested: Recommend approval or denial of a Final Plat of 18.7912 acres for Plantation, Phase 3B, adding 65 residential lots and 1 open space lot to the Plantation Subdivision located off of E Hidden Creek Parkway east of Interstate 35W and south of E Renfro Street within the City of Burleson, Johnson County, Texas. (Case 14-022)

Background Information: On March 3, 2014, the property owner submitted an application for a Final Plat of Phase 3B for Plantation. The plat consists of approximately 18.7912 acres of land located south of E Hidden Creek Parkway located within the City of Burleson. The plat will add 65 residential lots and 1 open space lot to the Plantation subdivision. The preliminary plat for Plantation Phases 3A-3F was approved by City Council on January 22, 2013. The final plat for Plantation Phase 3B does conform to the preliminary plat. The property is zoned SF-7 (single-family residence 7). The City of Burleson services this property with both water and sanitary sewer service.

Planning Analysis: Final Plat:The regulation of subdivision development is based upon government's legitimate interest in promoting orderly development, insuring that subdivisions are

April 15, 2014 1D- 2 constructed safely, and protecting future owners from inadequate police and fire protection, inadequate drainage and unsanitary conditions. To achieve this goal, the Planning and Zoning Commission appointees and the City Council members have the legislative authority to adopt a subdivision ordinance. A plat cannot be denied for a reason other than failure to comply with applicable regulations. This plat conforms to the requirements of all applicable sections of the City of Burleson Subdivision Ordinance.

Notification/Citizen Input: There is no public input required for this case.

Financial Considerations: There is no expenditure of municipal funds associated with these requests.

Attachments: 1.

Location Map

2.

Aerial Map

3.

Plantation Phase 3B Final Plat

Staff Contact: Heather Shankle Senior Planner Development Services 817-426-9610 [email protected]

April 15, 2014 1D- 3 ATTACHMENT 1 Location Map

April 15, 2014 1D- 4 ATTACHMENT 2 Aerial Map

April 15, 20 014 1D D- 5 ATT TACHMENT 3 Plantation Phase 3B Fina al Plat

April 15, 2014 1E- 1

Memorandum To:

The Chair and Members of the Planning and Zoning Commission

From:

Heather Shankle, Senior Planner, Development Services

Date:

April 15, 2014

Subject:

Consideration of a Replat of Lots 24R and 25R1, Sparks-Dale Addition, containing 8.135 acres of land, being a replat of Lots 24 and 25R, located on CR 917, City of Burleson, Johnson County, Texas. The subject property is located to the south of CR 917 and east of Interstate 35W. (Case 14-026)

Planning and Zoning Commission Action Requested: Recommend approval or denial of a Replat of Lots 24R and 25R1, Sparks-Dale Addition, containing 8.135 acres of land, being a replat of Lots 24 and 25R, located on CR 917, City of Burleson, Johnson County, Texas. The subject property is located to the south of CR 917 and east of Interstate 35W. (Case 14026)

Background Information: On March 3, 2014, an application was made by Mouser Family Limited, as the owner of the property, requesting a replat of Lots 24R and 25R1 of Sparks-Dale Addition. The replat is for the ROW dedication of 0.313 directly adjacent to the previous ROW dedication to be known as Enterprise Drive, which will be the main entry point for any future development within Sparks-Dale Addition..

The

additional ROW is to allow for the placement of the drive to E FM 917. A replat of Lots 24 and 25R was approved by City Council on December 9, 2013. SparksDale Addition was originally platted March 1, 1954. Lot 24R will be 1.406 acres. It will be the future site of a Dollar General store. The remaining 6.729 acres will be replatted into Lot 25R to allow for future development.

April 15, 2014 1E- 2 Planning Analysis: Replat: The regulation of subdivision development is based upon government's legitimate interest in promoting orderly development, insuring that subdivisions are constructed safely, and protecting future owners from inadequate police and fire protection, inadequate drainage and unsanitary conditions. To achieve this goal, the Planning and Zoning Commission appointees and the City Council members have the legislative authority to adopt a subdivision ordinance. A plat cannot be denied for a reason other than failure to comply with applicable regulations. This plat conforms to the requirements of all applicable sections of the City of Burleson Subdivision Ordinance.

Notification/Citizen Input: There is no public input required for this case.

Financial Considerations: There is no expenditure of municipal funds associated with these requests.

Attachments: 1.

Location Map

2.

Aerial Map

3.

Sparks-Dale Addition proposed Replat

Staff Contact: Heather Shankle Senior Planner Development Services 817-426-9610 [email protected]

April 15, 2014 1E- 3 ATTACHMENT 1 Location Map

April 15, 2014 1E- 4 ATTACHMENT 2 Aerial Map

April 15, 2014 1E- 5 ATT TACHMENT 3 Sparks-Dale S Addition A Propos sed Replat

April 15, 2014 2A– 1

Memorandum To:

The Chair and Members of the Planning and Zoning Commission

From:

Heather Shankle, Senior Planner, Development Services

Date:

April 15, 2014

Subject:

Public hearing and consideration of an amendment to the Specific Use Permit approved as Ordinance C-737-13, to clarify wording of approved regulations and to request revisions to the fencing/screening requirements; and also, consider an amendment to the Commercial Site Plan to allow for modification of the tree preservation area due to a utility easement. The subject property is addressed as 3031 S. Burleson Boulevard. (Case 14035)

Planning and Zoning Commission Action Requested: 1.

Conduct a public hearing; and

2.

Recommend approval or denial of an amendment to the Specific Use Permit approved as Ordinance C-737-13, to clarify wording of approved regulations and to request revisions to the fencing/screening requirements; and also, consider an amendment to the Commercial Site Plan to allow for modification of the tree preservation area due to a utility easement. The subject property is addressed as 3031 S. Burleson Boulevard. (Case 14-035)

Background Information: On May 20, 2013, Ordinance C-737-13 was adopted by City Council authorizing a Specific Use Permit (SUP) to allow LKQ Corporation, Inc. to operate an Open Salvage Yard as defined in Section 79-110 of Part II – Code of Ordinances, Burleson, Texas, Appendix B, Zoning. This request is to amend wording of approved regulations within Ordinance C-737-13 to allow the applicant to remain compliant with operating under current business processes for the open salvage yard as was presented during the Planning and Zoning and City Council meetings.

April 15, 2014 2A– 2 Planning Analysis: Amendment request regarding wording of approved regulations including the addition of fencing/screening requirements. Within the SUP are several conditions that regulate the open salvage yard. During the review and hearing of the case, it was determined by the applicant and staff that some of the wording within the draft ordinance was in direct conflict with the business operations of LKQ. It was agreed that no draining of fluids would occur on or within the open salvage yard. Fluids are drained from the vehicles when they arrive at the site. This process occurs within the building. Once the vehicles are drained, they are moved to the open salvage area for storage. LKQ employees may cut or remove parts from vehicles stored in the open salvage area. Examples of those types of parts would be a headlamp or a bumper; parts that would not contain fluids.

While the case was

presented as such to the Planning and Zoning Commission and City Council, the draft ordinance was not updated and the draft that included the regulation prohibiting any work in the open salvage yard was inadvertently signed and approved at the final reading.

In addition, the regulation limiting noise from construction and operations to the hours of 6am to 7pm if a residence was located within 300’ is to be modified to include the phrase “existing at the time of issuance of the certificate of occupancy.". Currently, no residences are located within 300’ of the open salvage yard.

Lastly, the applicant has requested an addition to the fencing/screening requirements. The original site plan required an 8-foot tall Hardi-plank fence with trees planted either every 30 or 60 feet on center. The applicant is requesting an amendment to allow a 10foot tall electric fence located inside the main screening wall for security measures. The fence cannot be scaled, and the wires cannot be cut. The electric fence delivers a “safe but memorable” shock upon contact.

April 15, 2014 2A– 3 SECTION 2 SPECIFIC USE PERMIT For operation of an Open Salvage Yard in an Industrial (I) zoning district, the following conditions are hereby established as part of this SUP ordinance:

1.

All construction and maintenance of building, paving, fencing and landscaping improvements shall conform to the City Council approved Commercial Site Plan incorporated herein as Exhibit “C”.

2.

No vehicle sales shall be permitted on the property.

3.

The Open Salvage Yard area shall be completely screened from all adjacent properties and public thoroughfares by a minimum eight (8) foot high cementitous fiberboard screening fence, supported by pressure treated wood posts, with a ten (10) foot wide landscape buffer to be installed outside of said screening fence.

4.

The Open Salvage Yard component, as delineated on the Commercial Site Plan as shown in the attached Exhibit “C”, shall be used only for the storage and cataloging of reclaimed automotive parts for sale and delivery to wholesale clients only. a. No storage of any parts with regulated wastes shall occur on or within the Open Storage Yard Area. b. No draining operations shall occur on or within the Open Salvage Yard area. c. No retail customers shall be permitted on or within the Open Salvage Yard area for the purpose of purchasing auto parts under a “pick-and-pull” arrangement. d. Only authorized employees of the Open Salvage Yard operation shall be

allowed to enter the Open Salvage Yard. 5.

It shall be unlawful for any person, owner, tenant or employee to commit such acts as listed below:

April 15, 2014 2A– 4 a.

Discharge or deposit, upon any public or private property, any industrial, chemical, hazardous or other regulated waste.

b.

Permit crankcase or radiator drainage, vehicle engine wash or other oils, greases, vehicle fuels or like material to be discharged or deposited into the open ground within any area of the property defined by this SUP Ordinance.

6.

No operations, buildings, construction or activities shall be allowed that may cause water to pond and result in mosquito harborage.

7.

All noise created during the construction and subsequent operational activities conducted on the subject property shall be limited to daytime hours between six o’clock a.m. and seven o’clock p.m. for all outdoor operations occurring within 300 feet of an occupied residence existing at the time of issuance of the certificate of occupancy.

8.

Stacked storage occurring in the Open Salvage Yard area shall not exceed eight (8) feet in height as measured to the top of product being stored. a. Racked storage assemblies shall be permitted at the location depicted in the attached Exhibit ‘C’ at a maximum permitted height of fourteen (14) feet as measured to the top of product being stored.

9.

A 10-foot tall electric fence may be located inside the screening wall for security purposes.

Amendment to the Commercial Site Plan to allow for modification of the tree preservation area due to a utility easement On the approved landscape plan submitted with the commercial site plan for LKQ Corporation, Inc., a tree preservation area was established in the northwest corner of the lot at the intersection of CR 518 and I-35W Frontage Road. A 30’ utility easement requested by UCS that was dedicated by the plat that was approved by City Council December 9, 2013 and is in the tree preservation area was not indicated on the landscape plan. The trees in the 30’ strip of the utility easement have been removed by

April 15, 2014 2A– 5 UCS. LKQ has submitted a revised landscape plan that increases the amount of trees to be planted in other areas on the site to account for the trees that were removed. The revised landscape plan adds 28 newly planted canopy trees in various locations throughout the site.

Surrounding Land Uses: North:

Property zoned Agricultural (A) zoning district containing a church facility owned by Shepherds Valley Cowboy Church. An occupied residence is situated east of the church property inside Burleson’s extraterritorial jurisdiction. To the northeast are vacant rural properties (some containing gas wells) that are also situated within Burleson’s extraterritorial jurisdiction.

South:

Property zoned Agricultural (A) zoning district containing an existing single family residence. To the southeast are vacant rural properties (some containing gas wells) situated within Burleson’s extraterritorial jurisdiction. An existing platted residential subdivision (Oakview Farms) is situated south and east of the subject property within Burleson’s extraterritorial jurisdiction.

East:

Vacant rural properties (some containing gas wells) situated within Burleson’s extraterritorial jurisdiction.

West:

A vacated TxDOT rest stop along the northbound frontage of Interstate Highway 35W. The City of Burleson’s 159-acre HighPoint Business Park is across the highway further west.

Imagine Burleson: Roadmap to 2030 Comprehensive Plan: The zoning area is designated as an Industrial/Employment Growth Center in the Imagine Burleson: Roadmap to 2030 Comprehensive Plan. Industrial Growth Centers offer important employment opportunities, occupy large areas of land and are generally located near major roads and heavy rail lines. The Industrial Growth Center area in Burleson shall be marketed to industries with strong potential for upward mobility of

April 15, 2014 2A– 6 skilled workers such as logistics and warehousing. This land use element will include a mix of low and medium density industrial buildings and industrial yards and have large surface parking for cars and trucks. The Industrial Growth Center shall rely on quality road access and may be linked to rail for freight purposes. This land use shall need wide street lanes and large intersections. Transit, sidewalks and other pedestrian improvements shall be limited. Board/Citizen Input: On March 28, 2014, staff mailed twelve (12) public notices to ten (10) adjacent property owners whose land is located within 200’ of the proposed zoning area. Notice was also published in the Burleson Star on April 2, 2014. Financial Considerations: There is no expenditure of municipal funds associated with this item.

Attachments: 1.

Location Map

2.

Aerial Map

3.

Zoning Map

4.

Amended Landscape Plan

Staff Contact: Heather Shankle Senior Planner Development Services 817-426-9610 [email protected]

April 15, 2014 2A– 7 Attachment 1 Location Map

April 15, 2014 2A– 8 ATTACHMENT 2 Aerial Map

ZONING AREA

April 15, 2014 2A– 9 Attachment 3 Zoning Map

April 15, 2014 2A– 10 Attachment 4 Landscape Plan

April 15, 2014 2A– 11 Attachment 4 Landscape Plan (Cont’d)

April 15, 2014 3A- 1

Memorandum To:

The Chair and Members of the Planning and Zoning Commission

From:

Heather Shankle, Senior Planner, Development Services

Date:

April 15, 2014

Subject:

Consideration of a Replat of Lots 1R1 and 2R, Block 6, Highpoint Business Park of Burleson, being 7.041 acres of land out of the H. Lewis Survey, Abstract 517, City of Burleson, Johnson County. (Case 13-072)

Planning and Zoning Commission Action Requested: Recommend approval or denial of a Replat of Lots 1R1 and 2R, Block 6, Highpoint Business Park of Burleson, being 7.041 acres of land out of the H. Lewis Survey, Abstract 517, City of Burleson, Johnson County. (Case 13-072)

Background Information: Highpoint Business Park consists of approximately 159 acres of land owned by the Burleson 4A Economic Development Corporation. The property, purchased in 2005, is intended to be developed into an employment growth center and business park. A final plat was approved by the City of Burleson’s City Council in December of 2010 and filed with the county in February of 2011. A replat was completed in 2012 to provide for necessary addition of drainage and utility easements identified during the construction of the sewer and drainage. The proposed replat will divide Lot 1R, Block 6 into Lot 1R1 and Lot 2R. Lot 1R1 is proposed as 3.772 acres and is the future site for construction of Stuart Industries. Lot 2R is proposed to be 3.269 and will remain undeveloped at this time.

Planning Analysis: Replat: The regulation of subdivision development is based upon government's legitimate interest in promoting orderly development, insuring that subdivisions

April 15, 2014 3A- 2 are constructed safely, and protecting future owners from inadequate police and fire protection, inadequate drainage and unsanitary conditions. To achieve this goal, the Planning and Zoning Commission appointees and the City Council members have the legislative authority to adopt a subdivision ordinance. A plat cannot be denied for a reason other than failure to comply with applicable regulations. This plat conforms to the requirements of all applicable sections of the City of Burleson Subdivision Ordinance.

Notification/Citizen Input: There is no public input required for this case.

Financial Considerations: There is no expenditure of municipal funds associated with these requests.

Attachments: 1.

Location Map

2.

Aerial Map

3.

Highpoint Business Park proposed Replat

Staff Contact: Heather Shankle Senior Planner Development Services 817-426-9610 [email protected]

April 15, 2014 3A- 3 ATTACHMENT 1 Location Map

April 15, 2014 3A- 4 ATTACHMENT 2 Aerial Map

April 15, 2014 3A- 5 ATT TACHMENT 3 Hig ghpoint Busine ess Park Propo osed Replat

April 15, 2014 3B - 1

Memorandum To:

The Chair and Members of the Planning and Zoning Commission

From:

Heather Shankle, Senior Planner, Development Services

Date:

April 15, 2014

Subject:

Consideration of a Commercial Site Plan for Stuart Industries to be located at within Highpoint Business Park at 5700 Highpoint Parkway. (Case 14-014)

Planning and Zoning Commission Action Requested: Recommend approval or denial of a Commercial Site Plan for Stuart Industries to be located at within Highpoint Business Park at 5700 Highpoint Parkway. (Case 14-014)

Background Information: On March 3, 2014, Nationwide Construction, representing the property owner, submitted a commercial site plan application for the construction of a building to be located at 5700 Highpoint Parkway within Highpoint Business Park. The commercial site plan application proposes one building that will be 36,719 SF that will be the future site of Stuart Industries. Stuart Industries is an aerospace fastener distributor.

Planning Analysis: Commercial Site Plan Request: The proposed 36,719 SF building will be constructed of concrete tilt wall and metal panels with EIFS accents. The subject property is located within the (BP) Business Park Overlay District established by Ordinance B-582(K1110). A tabulated listing of site plan requirements is presented below that reflects the level of conformance to design standard requirements as depicted on the applicant’s site plan submittal. The regulations requiring waivers are highlighted.

April 15, 2014 3B - 2 Applicable Ordinance Provision 40’ Building setback at Highpoint Pkwy. Sheet or corrugated aluminum, asbestos, iron, wood or steel is prohibited Tilt panels shall require a minimum of three reveal lines.

Section Citation from Article VII Busn. Park Std’s. 103.6 (e) (Zoning Ord.) 7-50(a)(1)

7-50(a)(3)

Massing of building by varying maximum building depth and/or width.

7-50 (b)(1)

Variation in heights of the external wall surfaces.

7-50 (b)(2)

Provide landscaping along the building facade. A minimum of one large or a small tree for every 20 parking spaces and one small tree for every 30 parking spaces. All parking spaces shall be located within 150 feet from a tree. Loading areas or loading doors shall not face IH35W or Type "A" street section; and, Shall not be located within 100-feet of a public street. Parking required

7-50 (b)(4)

Provided by Applicant on Site Plan Setback greater than 40’ A portion of the west and south elevations are proposed as metal panel Reveal lines present Variation provided along the north and east elevations Variation provided along the north and east elevations Landscaping provided

Conformance to Design Standards In conformance

Waiver required

In conformance

In conformance

In conformance

In conformance

7-51 (j)(2)1

14 large trees 3 small trees provided

In conformance

7-51 (j)(2)3

Spaces located within required distance.

In conformance

7-52 (e)(1)(2)

Both regulations met.

In conformance

7-52 (g) Whse.=1/5,000 SF Ofc. = 1/400 SF

21 spaces req’d 21 spaces prov’d

Notification/Citizen Input: There is no public input required for this case.

In conformance.

April 15, 2014 3B - 3

Financial Considerations: There is no expenditure of municipal funds associated with these requests

Attachments: 1.

Location Map

2.

Aerial Map

3.

Zoning Map

4.

Site Plan

5.

Building Elevations

6.

Landscape Plan

Staff Contact: Heather Shankle Senior Planner Development Services 817-426-9610 [email protected]

April 15, 2014 3B - 4 ATTACHMENT 1 Location Map

April 15, 2014 3B - 5 ATTACHMENT 2 Aerial Map

April 15, 2014 3B - 6 ATTACHMENT 3 Zoning Map

April 15, 20 014 3B - 7 ATT TACHMENT 4 Site Plan

April 15, 2014 3B - 8 ATTACHMENT 5 Building Elevations

April 15, 20 014 3B - 9

ATT TACHMENT 6 Landscape Plan

April 15, 2014 3C, 3D and 3E - 1

Memorandum To:

The Chair and Members of the Planning and Zoning Commission

From:

Laura Voltmann, Planning Manager, Development Services

Date:

April 15, 2014

Subject:

Consideration of a Preliminary Plat for Lots 1 and 1R, Block A, Villages of Wakefield Addition, being 14.283 acres containing two commercial lots. (Case 14-023); and,

Consideration of a Final Plat for Lot 1, Block A, Villages of Wakefield Addition, being 6.034 acres containing one commercial lot. (Case 14-024); and,

Consideration of a Commercial Site Plan for Lot 1, Block A, Villages of

Wakefield

Addition,

being

6.034

acres

containing

one

commercial lot. (Case 14-025) Planning and Zoning Commission Action Requested: 1. Recommend approval or denial of a Preliminary Plat for Lots 1 and 1R, Block A, Villages of Wakefield Addition, being 14.283 acres containing two commercial lots. (Case 14-023); and, 2. Recommend approval or denial of a Final Plat for Lot 1, Block A, Villages of Wakefield Addition, being 6.034 acres containing one commercial lot. (Case 14-024) 3. Recommend approval or denial of a Commercial Site Plan for Lot 1, Block A, Villages of Wakefield Addition, being 6.034 acres containing one commercial lot. (Case 14-025)

April 15, 2014 3C, 3D and 3E - 2 Background Information: On March 3, 2014, Kimley-Horn, representing the property owner, submitted three applications for consideration: a revised preliminary plat, final plat, and commercial site plan application for the construction of a 41,117 SF Walmart Neighborhood Market building, located at the southeast corner of Alsbury Blvd. and John Jones Dr., near the planned Transit Oriented District. The property is located within the Villages of Wakefield Planned Development (PD) District. Many of the development standards in the PD district are comparable to standards applied in General Retail or Commercial zoning districts. The PD also contains language in Section 4.01 requiring conformance with standards applied in Commercial zoning if there is any ambiguity in the regulations within the PD.

Planning Analysis: Plat: The regulation of subdivision development is based upon government's legitimate interest in promoting orderly development, insuring that subdivisions are constructed safely, and protecting future owners from inadequate police and fire protection, inadequate drainage and unsanitary conditions. To achieve this goal, the Planning and Zoning Commission appointees and the City Council members have the legislative authority to adopt a subdivision ordinance. A plat cannot be denied for a reason other than failure to comply with applicable regulations. The proposed plats conform to the requirements of all applicable sections of the City of Burleson Subdivision Ordinance.

Commercial Site Plan Request: The proposed site layout, including setbacks, landscaping, and parking, complies with the PD district language. However, the application of the masonry ordinance, which is separate from the zoning ordinance, creates ambiguity. The proposed building material is primarily spiltface concrete masonry units (CMU) with some EIFS and stone veneer accents. The masonry ordinance specifies that CMU is not considered to be a masonry material. Many smooth-face and split-face CMU is painted following construction.

April 15, 2014 3C, 3D and 3E - 3 The CMU as described/depicted on the site plan are integrally colored, instead of painted. This will minimize the aesthetic impact of the use of CMU.

Staff has discussed the proposed design with the applicant and architect. The original submission included both smooth and split face CMU, painted in two different shades of brown. The updated proposal includes three shades of brown, including a darker band located at the base of the building. The banding and façade articulation provide more visual interest than the original submission. Additionally, the architect has included stone veneer and large windows on the front façade. The windows along with the change in CMU color provide a break in the front façade that serves to break up the overall massing of the building.

Notification/Citizen Input: There is no public input required for this case.

Financial Considerations: There is no expenditure of municipal funds associated with these requests.

Attachments: 1.

Location Map

2.

Aerial Map

3.

Villages of Wakefield Block 16 proposed Preliminary Plat

4.

Villages of Wakefield Block 16 proposed Final Plat

5.

Site Plan

6.

Building Elevations

7.

Landscape Plan

Staff Contact: Laura Voltmann Planning Manager Development Services 817-426-9614 [email protected]

April 15, 2014 3C, 3D and 3E - 4 ATTACHMENT 1 Location Map

April 15, 2014 3C, 3D and 3E - 5 ATTACHMENT 2 Aerial Map

April 15, 2014 3C, 3D and 3E - 6 ATTACHMENT 3 Villages of Wakefield Block 16 Proposed Preliminary Plat

April 15, 2014 3C, 3D and 3E - 7 ATTACHMENT 4 Villages of Wakefield Block 16 Proposed Final Plat

April 15, 2014 3C, 3D and 3E - 8 ATTACHMENT 5 Site Plan

April 15, 2014 3C, 3D and 3E - 9 ATTACHMENT 6 Building Elevations

April 15, 2014 3C, 3D and 3E - 10 ATTACHMENT 7 Landscape Plan

April 15, 2014 3F -1

Memorandum To:

The Chair and Members of the Planning and Zoning Commission

From:

Lisa Duello, Director of Neighborhood Services

Date:

April 15, 2014

Subject:

Discussion of regulations related to the use of temporary shipping storage containers

Planning and Zoning Commission Action Requested: Discussion of regulations related to the use of temporary shipping storage containers. Background Information: In January 2013 Neighborhood Services staff received a concern regarding a shipping storage container being used a CVS Pharmacy. Researched indicated that that there were several businesses in the COB that used the shipping storage containers for various reasons. Furthermore, many of the shipping containers have existed for 5-10 years. Although, the use of shipping storage containers do not comply with current regulations staff stayed enforcement until further examination and input could be made.

In March 2013 staff discussed the issues with City Council and they recommended that Planning and Zoning (P & Z) Commission make recommendations. On April 16, 2013 staff discussed the concerns and options with the P & Z Commission. The Planning and Zoning Commission suggested staff that we receive input from the 25+ businesses before moving forward with any formal recommendations.

October 23, 2013 staff discussed the following at the Development Assistance Committee (DAC) meeting: 

If temporary shipping containers are allowed, the following items should be considered:

April 15, 2014 3F -2  Timeframe for existing businesses to comply  Permit/ fees  Setbacks  Size limitation  Time limitation  Number of containers  Zoning  Screening requirements  Attachment/stabilization requirements  Limit/inventory items being stored, fire protection concerns  Parking requirements maintained  Site plan requirements  Variance for extenuating circumstances  SUP for permanent use On February 13th, 2014 the Neighborhood Services and Development Services staff conducted a public input meeting with local businesses who currently utilize shipping / storage containers at their store locations. The meeting was to discuss the future use of shipping storage / containers in the COB.

PROPOSED PROVISIONS Based on the feedback from the February 13, 2014 public meeting and DAC feedback it is recommended that the following provisions are proposed for regulating shipping storage containers in the COB:

Definitions Shipping storage container shall be defined as a pre-fabricated transportable, fully-enclosed, box-like containers other than an accessory building or shed that is (i) Designed for temporary storage of personal property, households items, wares, article, goods, commodities, building materials or merchandise, (ii) Typically rented to owners or occupants of property for their temporary use, and (iii) Delivered and removed by truck.

April 15, 2014 3F -3 (iv) Does not exceed 40 feet in length, 9 feet in height and 9 feet in width.

Such containers are uniquely designed for their ease of loading to and from a transport vehicle.

Existing business compliance time. Businesses or properties that have existing shipping storage containers as of the effective date of this article shall have two (2) years to comply with the requirements of this chapter.

Permit required; fees; and submittal requirements.

(a) No person shall place a shipping storage container in the City of Burleson without having first obtained permit therefor as provided in this chapter.

(b) A permit fee as set forth in the Fee Schedule of this Code must be paid prior to the issuance of a permit for the placement of temporary shipping storage container.

(c) Submittal Requirements. The following shall be submitted along with an application for a permit for a temporary shipping storage container placement:

1.

A site plan to a standard scale showing the proposed location(s), the setbacks and other distances specified, and the number and dimensions of the container(s) and the building (s) to which it is appurtenant; and

2.

Photograph of the container(s) to be placed on the property; and

3.

The proposed date for the commencement of the permit and date of expiration of the most recent permit issued under this section.

April 15, 2014 3F -4 4.

A statement of what will be stored in the container(s), for review by the Fire Marshal and / or Building Official.”

General requirements. (a) General requirements. The following general requirements shall apply to all temporary shipping storage containers: 1. Shall be located on an improved surface, when an improved surface is not available the Building official shall review…… 2. Shall not be used as a principle use or structure; 3. Shall not be stacked; 4. Shall be located in such a manner as to not impair a motor vehicle operator’s view of motor vehicles, bicycles or pedestrians upon entering or exiting a right-of-way; 5. Shall be located in such a manner as to not obstruct the flow of pedestrian or vehicular traffic. 6. Cannot be located in visibility triangle as defined in Sec.??? 7. Shall not be located in a Fire lane. 8. Shall not be located on or over a required parking space. 9. Shall not be located in the rights-of way, including but not limited to streets, alleys or sidewalks. 10. Shall not be located in any requires open space, landscape area or trail. 11. Shall not be located in the floodplain or flood way. 12. Shall not be located in an easement. 13. Shall not be located on a vacant lot. 14. Shall not be modified or retrofitted for habitation. 15. Shall not store animals or toxic/hazardous materials (as determined by the Fire Marshal and /or the Building Official) 16. Shall not have electricity. 17. Shall not store solid waste, construction debris, recycling materials or demolition debris. 18. Shall not be used for bulk liquid storage.

April 15, 2014 3F -5 19. Shall be maintained in good condition, no rust.

Number of containers and duration.

a. Buildings less than ten thousand (10,000') square feet shall not have more than one (1) shipping storage container for fourteen (14) consecutive days on two occasions per calendar year (January 1 through December 31).

b. Buildings of ten thousand and one square feet (10,001) to fifty thousand (50,000) square feet shall not have more than two containers for twenty-one (21) consecutive days on three (3) occasions per calendar year (January 1 through December 31).

b. Buildings of fifty thousand and one (50,001) square feet to one hundred thousand (100,000) square feet shall not have more than six (6) containers for ten (10) consecutive weeks during any calendar year (January 1 through December 31).

d. Buildings in excess of one hundred thousand and one (100,001) square feet shall not have more than ten (10) containers for ten (10) consecutive weeks for any calendar year (January 1 through December 31).

Size limitation. Shipping storage containers shall not exceed 40 feet in length, 9 feet in height and 9 feet in width.

Setback. No shipping storage container shall be located nearer to a street than the front of the building to which the shipping container is an accessory. OR Shipping storage container shall be located a minimum three feet (3’) from property lines and the main building. (similar to accessory structure requirements)

April 15, 2014 3F -6 Variance request. (1) Any business who cannot fully meet all requirements of the shipping storage containers except for the temporary status/time limitation or duration may file a request for a variance.

(2) A request for a variance shall be made in writing and shall clearly state the nature and reason for the requested variance.  

(3) The applicant must file his or her request with the city manager or his or her designee.  

(4) The Development Assistance Committee (DAC) may approve or deny the requested variance as it deems appropriate. The DAC may place conditions on approval of any variance granted under this section.

(5) The decision made by the DAC shall be final.

Specific Use Permit Required for the Permanent Use of Shipping Storage Containers. Any business requesting to use shipping storage containers on permanent basis must have an approved specific use permit as provided in section 130 of the Appendix B Zoning.

Construction sites. Shipping storage containers associated with construction at a property where a building permit has been issued are permitted for the duration of construction activities on the property and shall be removed from the property within fourteen (14) days of the issuance of a certificate of occupancy. Shipping storage containers are exempt from sections XX.

Agricultural property.

April 15, 2014 3F -7 Bonafide agricultural zoned properties are permitted to have one (1) shipping storage containers per five (5) acres of agricultural tax exempt acres of land, with no minimum acreage being required. Notification/Citizen Input: On January 21, 2014 staff sent invitations (see attachment) to 27 businesses (see attached list) that currently use shipping / storage containers at their locations. Ten (10) people attend the meeting with eight (8) different businesses represented and one (1) business sent their survey opinion via email. The following is a list of businesses represented: 

Bennett’s Grocery



Wal- Mart (2 attendees)



Steel Containers.net



Sealcom, Inc. (2 attendees)



HEB (2 attendees)



Victory Family Church



Black Eagle Co.



Yamaha

Staff provided the attendees with a six (6) question survey (see attachment) relevant to compliance time, number, timeframe, setbacks, location, safety appearance and maintenance.

The results of the survey indicate that the majority of the meeting

attendees would like the city to consider allowing the storage containers on a permanent basis with some restrictions.

The questions and the results of the survey are the following:

1. Do you think two (2) years is a reasonable time frame to comply with new temporary regulations for shipping/ storage containers? Yes

Results

No

Other___________

April 15, 2014 3F -8 4 or 36% said Yes 7 or 64% said No

Specific comment to this question: “If it is used all year, it should not be temporary”

2. How many shipping / storage containers should businesses be allowed? Total 10 % of the sq. ft. of main building with no more than 15 containers (Typical large container 360 sq. ft.) Total 30 % of lot coverage

 

Sliding scale – 1 container per 10,000 sq. ft. main building 2 containers per 10,001 – 50,000 sq. ft. main building 6 containers per 50,001 – 100,000 sq. ft. main building 10 containers maximum per 100,001+ sq. ft. main building

Other______________________________________________________________________

Results 1 or 9% said 10% sq. ft. main building with no more than 15 containers 2 or 18% said 30% of lot coverage 5 or 46% said sliding scale 3 or 27% said Other

Specific comments to this question: “No limits” “As needed” 3. How long should temporary shipping / storage containers remain on a property? 45 consecutive days in a calendar year

60 consecutive days in a calendar year

90 consecutive days in calendar year

180 consecutive days in calendar year

Sliding scale – 1 container per 10,000 sq. ft. main building - 14 days, 2x per calendar year 2 containers per 10,001 – 50,000 sq. ft. main building – 21 days, 3x per calendar year 6 containers per 50,001 – 100,000 sq. ft. main building – 10 weeks, per calendar year 10 containers maximum per 100,001+ sq. ft. main building - 10 weeks per calendar year Other _______________________________________________________________

Results

April 15, 2014 3F -9 3 or 27% said 180 days 1 or 9% had no opinion 7 or 64% said Other

Specific comments to this question: “More permanently with fence, painted and presented well” “If it is used all year, it should not be temporary” “Case by case” “Grandfather in for as long as needed” “As needed” “365 Days/ yr” 4. What is a reasonable set back requirement for shipping / storage containers? 3 feet from property lines and main building

15 feet from property lines and main building

Cannot be nearer to the street than the front main building Cannot be adjacent to major road Other ____________________________________________________________________

Results 1 or 9% said 15 ft 1 or 9% said cannot be adjacent to major road 2 or 18% said 3 ft 5 or 46% said cannot be nearer to the street than the front main building

Specific comment to this question: “Every condition needs to be reviewed” “As needed” “Case by case”

5. Should there be location and safety rules for the placement of shipping container such as; must be located on an improved surface; cannot be located in fire lane, required parking space, in public right-of –way, in visibility triangle, in floodplain/floodway, required open space, on a sidewalk; on a vacant lot, cannot store toxic/ hazardous material; cannot be stacked, cannot store animals; cannot be bulk liquid storage; no electricity; cannot use for living quarters?

April 15, 2014 3F -10 Yes

No

Other ________________________________________________

Results 4 or 36% said Yes 4 or 36% said No 3 or 27% said Other

Specific comment to this question: “Some of the above should be done and some not” “Common sense” “Do not require container to be located on improved surface” “Exception for placement of improved surface”

6. Should there be rules for appearance, maintenance /screening of shipping containers such as; no refrigerated containers; no open storage containers; no flat rack type containers; cannot have signs; must be maintained; must be same neutral color as building; cannot store solid waste; cannot be a manufactured home or truck trailer? Yes

No

Other ______________________________________________________

Results 8 or 73% said Yes 2 or 18% said No 1 or 8% said Other

Participant General Comments: “No property rights? Ordering the loss of Freedom.

If you outlaw the rights of an

American citizen from ownership and freedom of usage. Then you steal their sole and spirit of choice.”

“Thanks for asking for our input”

“Need to consider permanent use in Industrial areas for storage of items which are used periodically”

April 15, 2014 3F -11

“Consider different requirements based on zoning with business, industrial with proper appearance requirements met to have more permanent usage.”

“I would like to continue using my containers all year. It is not a “temporary” of my business”

Financial Considerations: There is no expenditure of municipal funds associated with this request. Attachments: 1. January 21, 2014 invitation to the February 13 public meeting 2. List of businesses notified who currently use shipping storage containers 3. Survey 4. March 25, 2014 invitation to the April 15 P & Z meeting

Staff Contact: Lisa Duello Director of Neighborhood Services 817-426-9841 [email protected]

April 15, 2014 3F -12     141 West Renfro Burleson, TX 76028 817.426.9841 fax 817.426.9377 www.burlesontx.com

January 21, 2014

RE: Public Meeting - Shipping Storage Containers Dear Burleson business owner: The City of Burleson will be conducting a meeting on Thursday, February 13th, 2014 to discuss the use of temporary shipping containers in the City. As a stakeholder, your input would be invaluable at this time and it is your opportunity to help guide how Burleson moves forward in this process. Your attendance and participation would be greatly appreciated as we begin to evaluate the policies related to the use of temporary shipping containers in Burleson. The meeting will be: Thursday, February 13, 2014 at 6:30 PM – light dinner will be served Burleson High School Cafeteria 100 Elk Dr. Burleson, TX 76028

Please RSVP by February 3rd, 2014, by calling or emailing me using the information below. If you have any questions in this matter or you cannot attend the meeting, feel free to contact me directly. Thank you in advance for your input.

Regards,

Lisa Duello Director of Neighborhood Services 817-426-9841 [email protected]

April 15, 2014 3F -13

Storage Containers Business

Address

Zoning

Abco Steel

2130 S Burleson Blvd

Agricultural

Cosper Tractor

3456 S Burleson Blvd

Commercial

Sealcom

3600 S Burleson Blvd

Agricultural

Hidden Creek Golf course

555 E Hidden Creek Pkwy

Agricultural

SPJST

1150 S Burleson Blvd

Agricultural

JC Penney

877 NE Alsbury Blvd

Commercial

Black Eagle Co

324 N Rudd St

Industrial

Trinity Mission Rehab

600 Maple St

Multi Family 1

Kerr Middle School

517 SW Johnson Ave

Single Family 7

Bonnie & Clyde's Swim Center

251 SW Wilshire Blvd Suite 107

General Retail

Magic Moments/ Going Apes

209 NE Wilshire Blvd

Commercial

Wal‐Mart

951 SW Wilshire Blvd

Commercial

CVS

100 SW Wilshire Blvd

General Retail

Yamaha

1636 SW Wilshire Blvd

Commercial

Cash America Pawn

254 SW Wilshire Blvd

Commercial

Auto Zone

540 SW Wilshire Blvd

General Retail

Hobby Lobby

620 SW Wilshire Blvd

General Retail

Felts Family Car Care

1500 E Renfro St

Agricultural

Bennets 

1465 E Renfro

General Retail

Hughes Middle School

316 SW Thomas

School

McClendon Construction

548 Memorial Plaza

Industrial

Spice Rack

133 S Wilson St

Centra l Commercial

I‐35 Mini Storage

 

2121 S Burleson Blvd              

Agricultural

Whites Auto

1157 NW John Jones

Commercial

HEB Grocery

165 NW John Jones                  

Commercial

Target 

200 NW John Jones

Commercial

Blossom's on the Blvd

2201 SW Wilshire Blvd

RS1

April 15, 2014 3F -14

April 15, 2014 3F -15     141 West Renfro Burleson, TX 76028 817.426.9841 fax 817.426.9377 www.burlesontx.com

March 25, 2014

RE: Shipping Storage Containers - Planning and Zoning Commission Dear Burleson business owner: This letter is a follow-up from the February 13, 2014 meeting regarding the use of temporary shipping containers in Burleson. City staff will be presenting the information to the Planning and Zoning Commission on Tuesday, April 15, 2014. Staff will be requesting the Commission make recommendations on the regulations related to the use of temporary shipping containers in Burleson. As a stakeholder, you are invited to attend this meeting as we move forward in evaluating the policies related to the use of temporary shipping containers in Burleson. The Planning and Zoning Commission meeting will be: Tuesday, April 15, 2014 at 7:00 PM City of Burleson City Hall 141 West Renfro, Burleson, TX 76028

If you have any questions in this matter or you cannot attend the meeting, feel free to contact me directly. Thank you in advance for your input.

Regards,

Lisa Duello Director of Neighborhood Services 817-426-9841 [email protected]