Agenda Packet - City of Burleson

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.
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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
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ATTACHMENT 2
Aerial Map
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ATT
TACHMENT 3
Lot 3, Bloc
ck 1 G.W. Cum
mmings Additio
on Proposed R eplat
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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
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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
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ATTACHMENT 2
Aerial Map
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ATTACHMENT 3
Zoning Map
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014
1C - 7
ATT
TACHMENT 4
Site Plan
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014
1C - 8
ATT
TACHMENT 5
Build
ding Elevations
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014
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ATTACH
HMENT 5 conttinued
Build
ding Elevations
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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
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ATTACHMENT 2
Aerial Map
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014
1D
D- 5
ATT
TACHMENT 3
Plantation Phase 3B Fina
al Plat
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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
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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
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ATTACHMENT 2
Aerial Map
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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]