AGENDA BURLESON CITY COUNCIL MEETING December 7, 2009 BURLESON CITY HALL 141 W. RENFRO BURLESON, TX 76028

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1 AGENDA BURLESON CITY COUNCIL MEETING BURLESON CITY HALL 141 W. RENFRO BURLESON, TX Call to Order WORK SESSION 6:00 p.m. 1. Discussion of items listed on tonight s city council agenda. 2. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec Sec , Sec , Sec , Sec , Sec and Sec (f) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated here in. Executive Session may be held, under these exception, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. 3. Reconvene into open session for possible action resulting from any items posted and legally discussed in Executive Session. Proclamation and Certificates

2 Council Agenda Page 2 of 5 REGULAR SESSION 7:00 p.m. Call to Order Invocation Pledge of Allegiance Items to be continued or withdrawn Items to be withdrawn from the consent agenda for separate discussion. Consent Agenda All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of the items unless a Councilmember 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 City Manager to implement each item in accordance with staff recommendations. General 1. A. Approval of the minutes from the November 16, 2009 regular Council session. B. Financial Transactions. Ordinances & Resolutions C. Ordinance D , request for zoning change from Commercial (C) to Planned Development (PD) District for Burleson Crossing located at southeast corner of IH 35W and East Renfro Street. (Case ) (Final Reading) D. Ordinance B-582 (B1109), a request for an amendment to the Burleson Code of Ordinances, Appendix B: Zoning Ordinance, Article II, Section 12: Special Definitions and Explanations, changing the definition of Drop-in Child Care. (Case ) (Final Reading) Contracts & Agreements E. Renewal of a mutual aid agreement between the City of Burleson and the Tarrant County Emergency Services District. F. Award the contract for the Tech Package at the Burleson Recreation Center to Able Communications.

3 Council Agenda Page 3 of 5 Presentations 2. A. Citizen Appearances. (Citizens who have signed a card to speak to the City Council 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 City Council 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 Council has previously considered in a public hearing.) Public Hearings & Other Related Items 3. A. Public Hearing and consideration of a request by Chesapeake Operating, Inc., for a gas well drilling permit for one (1) gas well with a variance, known as the HOG B 3H and a variance from the setback distance waiver requirement for future gas wells on an existing pad site located at 755 SW Wilshire Boulevard (Case No ). Ordinances & Resolutions and Other Related Items 4. A. No items for consideration at this time. Contracts & Agreements and Other Related Items 5. A. No items for consideration at this time. Other Items for Consideration 6. A. Preliminary plat of Lots 2, 4, 5, and 6, Block 1 of Burleson Crossing, located at southeast corner of IH 35W and East Renfro Street. (Case )

4 Council Agenda Page 4 of 5 Reports & Discussion Items 7. A. Police Crime Statistical Report. B. Community Interest Items. Executive Session 8. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec Sec , Sec , Sec , Sec , Sec and Sec (f) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated here in. Executive Session may be held, under these exception, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. Reconvene into open session for possible action resulting from any items posted and legally discussed in Executive Session. CERTIFICATE I hereby certify that the above agenda was posted on this the 4 th day of December, 2009, by 5:00 p.m., on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas. Amanda McCrory Amanda McCrory City Secretary ACCESSIBILITY STATEMENT The Burleson City Hall 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 or TDD

5 Council Agenda Page 5 of 5 EXECUTIVE SESSION The City Council reserves the right to convene in Executive Session(s) during this meeting pursuant to the following Sections of the Government Code of the State of Texas: 1. Pursuant to Sec (1)a, (1)b, and (2), consultation with its Attorney: The City Council may conduct private consultations with its attorneys when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer; or a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code. This consultation includes, but is not limited to, the following: (1) Floyd Bartula, et al. vs. City of Burleson, Texas. (2) Kevin Schronk, Individually and as Representative of the Estate of Helen Schronk, Deceased, and Dustin Schronk vs. City of Burleson and Laerdale Medical Corp. Cause No. C In the 413P th District Court for Johnson County, Texas. (3) Advice concerning gas well ordinance provisions; (4) Advice concerning Burleson High School #2 Public Infrastructure Improvements (5) Impact Outdoor Advertising claim 2. Pursuant to Sec , deliberation regarding the purchase, exchange, lease, or value of real property. City of Burleson Mineral Rights Reed Park Right-of-Way 3. Pursuant to Sec , deliberation regarding a negotiated contract for a prospective gift or donation to the state or the governmental body. 4. Pursuant to Sec , personnel matters related to the appointment, employment, evaluation, and duties of the City Secretary, City Manager, and Municipal Court Judge. 5. Pursuant to Sec , deliberation regarding (1) the deployment, or specific occasions for implementation of security personnel or devices; or (2) a security audit. 6. Pursuant to Sec , deliberation regarding Economic Development Negotiations including: (1) discussion or deliberation regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; OR (2) deliberation of the offer of a financial or other incentive to a business prospect described in (1) above. 7. Pursuant to Section (f) of the Texas Government Code (Texas Disaster Act) regarding critical infrastructure.

6 Memorandum 1A - 1 To: From: Honorable Mayor Shetter and members of the Burleson City Council Amanda McCrory, City Secretary Date: Subject: Approval of the minutes from the November 16, 2009, regular Council session. Council Action Requested: Approve the minutes from the November 16, 2009, regular Council session. Background Information: Board/Citizen Input: Financial Considerations: Attachments: Minutes of the November 16, 2009, regular Council session. Staff Contact: Amanda McCrory City Secretary

7 Roll Call: Council present: Stuart Gillaspie Jim Wadlow Ken Shetter Dan McClendon Carter Mahanay Chip Stephens 1A - 2 BURLESON CITY COUNCIL WORK SESSION November 16, 2009 DRAFT MINUTES Council Absent: Matt Powell Staff Paul Cain, Deputy City Manager David Wynn, Deputy City Manager Allen Taylor, City Attorney WORK SESSION Call to order Time: 6:24 p.m. 1. Discussion of items listed on tonight s city council agenda. 2. Discussion of all items on tonight s meeting. No action will be taken and each item will be considered during the Regular Session. 3. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec , Sec , , , , , and Section (f) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated here in. Motion was made by Jim Wadlow and seconded by Stuart Gillaspie to convene into executive session. Motion passed 6-0. Matt Powell absent. Time: 6:25 p.m. 4. Reconvene into open session for possible action. Motion was made by Jim Wadlow and seconded by Carter Mahanay to reconvene into open session. Motion passed 6-0. Matt Powell absent. Time: 7:19 p.m.

8 1A - 3 BURLESON CITY COUNCIL REGULAR SESSION November 16, 2009 DRAFT MINUTES Roll Call: Council present: Stuart Gillaspie Jim Wadlow Ken Shetter Dan McClendon Carter Mahanay Chip Stephens Council Absent: Matt Powell Staff Paul Cain, Deputy City Manager David Wynn, Deputy City Manager Allen Taylor, City Attorney REGULAR SESSION Call to order Time: 7:20 p.m. Invocation Pastor Ken Davis with Calvary Chapel Southwest Metro Pledge of Allegiance Proclamations Items to be continued or withdrawn Items to be withdrawn from the consent agenda for separate discussion. 1C. Ordinance B , amending Chapter 34 Environment and Chapter 54 Miscellaneous Nuisances of the Code of Ordinances of the City of Burleson by deleting the definition of Graffiti from Section 34-2 Definitions of Article I of Chapter 34 and deleting subsection (23) relevant to graffiti of Section Specific Nuisances and mark such subsection (23) as "Reserved" of Article II of Chapter 34 and establishing a new Article VI Graffiti of Chapter 54 Miscellaneous Offenses. (Final Reading) 1D. Resolution R (A1109), casting votes for the Tarrant County Appraisal District Board.

9 1A - 4 Consent Agenda 1A. Approve the minutes from the November 2, 2009 regular Council session. Motion was made by Chip Stephens and seconded by Carter Mahanay to approve. Motion passed 6-0. Matt Powell absent. 1B. Financial Transactions. City of Burleson Financial Transactions Vendor / Description Amount Fund REQUISITIONS OVER $3,000: Sungard Public Sector - OSSI annual software support & learning pass maintenance 192, SS GT Distributors Inc Tasers for PD paid by grant 27, PS grant fund Brocade Maintenance for network switches 11, SS Portable Computer Systems Platescan mobile 3 Camera alpr system 32, GG SRF Lizzi s Lunchbox - food for council meetings 7, GF Netmotion Wireless software maintenance 4, SS Allied Tube sign posts 3, GF Jackson Construction CO to MIGG 1&2 project for site conditions for utilities 25, CO S&D, 2007 CO W&S Texas Highway Products Summercrest/Alsbury traffic signal 9, GOB Eng projects Siemens Industry Summercrest/Alsbury traffic signal 1, GOB Eng projects Consolidated Traffic Controls Summercrest Alsbury traffic signal 4, GOB Eng projects 3-way Janitorial cleaning for recreation center 6, Parks Performance LCM Properties John Jones waterline 8, CO WS

10 1A - 5 PAYMENTS OVER $3, Ellerbee Walczak Inc Lab testing 5, CO S&D, 2008 CO S&D, Cemetery fund NCTCOG regional storm water program 3, GF Motion was made by Chip Stephens and seconded by Carter Mahanay to approve. Motion passed 6-0. Matt Powell absent. 1C. Ordinance B , amending Chapter 34 Environment and Chapter 54 Miscellaneous Nuisances of the Code of Ordinances of the City of Burleson by deleting the definition of Graffiti from Section 34-2 Definitions of Article I of Chapter 34 and deleting subsection (23) relevant to graffiti of Section Specific Nuisances and mark such subsection (23) as "Reserved" of Article II of Chapter 34 and establishing a new Article VI Graffiti of Chapter 54 Miscellaneous Offenses. (Final Reading) * Removed from Consent Agenda 1D. Resolution R (A1109), casting votes for the Tarrant County Appraisal District Board. * Removed from Consent Agenda 1E. Resolution R (A1109), casting votes for the Johnson County Appraisal District Board. Motion was made by Chip Stephens and seconded by Carter Mahanay to approve. Motion passed 6-0. Matt Powell absent. 1F. Contract Amendment #2 with GSBS for Additional Work Associated with Construction of the Burleson Recreation Center in the amount of $2, Motion was made by Chip Stephens and seconded by Carter Mahanay to approve. Motion passed 6-0. Matt Powell absent.

11 1A - 6 1G. Contract with McCreary, Veselka, Bragg and Allen for collection of Delinquent Municipal Court Fines and Fees. Motion was made by Chip Stephens and seconded by Carter Mahanay to approve. Motion passed 6-0. Matt Powell absent. 1H. Approve the use of Loan Star Libraries Grant funds in the amount of $11, to purchase six computers for public access and the furniture to house the computers at the Library and approve the Texas State Library and Archives Commission contract. Motion was made by Chip Stephens and seconded by Carter Mahanay to approve. Motion passed 6-0. Matt Powell absent. 1I. Award the bid for the construction of the Arnold Avenue Extension (Dead End to SH 174) in the amount of $446, and authorize the City Manager to approve change orders not exceeding $25, Motion was made by Chip Stephens and seconded by Carter Mahanay to approve. Motion passed 6-0. Matt Powell absent. 1J. Minute Order MO , ratifying the appointments of Don Kuhn as the Vice-Chair of the Library Board and Dale Dexheimer as the Lay Representative to the North Texas Regional Library System and Nancy Haggerty as the Alternate Lay Representative to the North Texas Regional Library System. Motion was made by Chip Stephens and seconded by Carter Mahanay to approve. Motion passed 6-0. Matt Powell absent. 1C. Ordinance B , amending Chapter 34 Environment and Chapter 54 Miscellaneous Nuisances of the Code of Ordinances of the City of Burleson by deleting the definition of Graffiti from Section 34-2 Definitions of Article I of Chapter 34 and deleting subsection (23) relevant to graffiti of Section Specific Nuisances and mark such subsection (23) as "Reserved" of Article II of Chapter 34 and establishing a new Article VI Graffiti of Chapter 54 Miscellaneous Offenses. (Final Reading)

12 1A - 7 Lisa Duello, Director of Neighborhood Services answered questions from council regarding ordinance B Motion was made by Dan McClendon and seconded by Carter Mahanay to approve. Motion passed 6-0. Matt Powell absent. 1D. Resolution R (A1109), casting votes for the Tarrant County Appraisal District Board. Paul Cain, Deputy City Manager presented to council the nominees for the Tarrant County Appraisal District Board. Motion was made by Carter Mahanay and seconded by Dan McClendon to cast votes for Mr. Joe Potthoff. Motion passed 6-0. Matt Powell absent. Presentations 2A. Citizens Appearance None. 7A. Discussion of Mobile Food Vendors. Danny Longoria, 247 SW Brushy Mound, Burleson requested a time frame to continue his mobile barbeque business. Shai Roos, Director of Community and Economic Development gave a presentation on existing regulations and future code amendments for special events and temporary uses. Public Hearings and Related Ordinances 3A. Public hearing and consideration of Ordinance B-582 (B1109), a request for an amendment to the Burleson Code of Ordinances, Appendix B: Zoning Ordinance, Article II, Section 12: Special Definitions and Explanations, changing the definition of Drop-in Child Care. (Case )( First Reading) Shai Roos, Director of Community and Economic Development gave a presentation of Ordinance B-582 (B1109), a request for an amendment to the Burleson Code of Ordinances, Appendix B: Zoning Ordinance, Article II, Section 12: Special Definitions and Explanations, changing the definition of Drop-in Child Care. (Case ) (First Reading)

13 1A - 8 Mayor Shetter opened the public hearing: Time: 8:04 p.m. No speakers Mayor Shetter closed the public hearing: Time: 8:04 p.m. Motion was made by Jim Wadlow and seconded by Chip Stephens to approve. Motion passed 6-0. Matt Powell absent. 3B. Public hearing and consideration of a request to replat Lots 8-16, Block 16 of Elk Ridge Estates, Phase III. (Case ) Shai Roos, Director of Community and Economic Development gave a presentation of a consideration of a request to replat Lots 8-16, Block 16 of Elk Ridge Estates, Phase III. (Case ) Mayor Shetter opened the public hearing: Time: 8:09 p.m. No speakers. Mayor Shetter closed the public hearing: Time: 8:09 p.m. Motion was made by Jim Wadlow and seconded by Chip Stephens to approve. Motion passed 5-0. Carter Mahanay abstained and Matt Powell absent. Ordinances & Resolutions 4A. No items for consideration at this time. Contracts & Agreements 5A. No items for consideration at this time. Other Items for Consideration 6A. Consideration of a development plan for proposed duplexes located at 228 E. Miller St., 225 S. Scott St., and 236 S. Scott St. (Case No ). Shai Roos, Director of Community and Economic Development gave a presentation of a development plan for proposed duplexes located at 228 E. Miller St., 225 S. Scott St., and 236 S. Scott St. (Case No ). Jim Bailey, 344 S. Warren St., Burleson asked when the city would set the standards for 2F zoning.

14 1A - 9 Motion was made by Stuart Gillaspie and seconded by Jim Wadlow to approve. Motion passed 6-0. Matt Powell absent. 6B. Consideration of a revised conveyance plat of Lot 1, Block 6 and Lot 1, Block 7, Reed Parke located at the southeast intersection of SH 174 and the future Arnold Avenue (Case No ). Shai Roos, Director of Community and Economic Development gave a presentation of a revised conveyance plat of Lot 1, Block 6 and Lot 1, Block 7, Reed Parke located at the southeast intersection of SH 174 and the future Arnold Avenue (Case No ). Carla Wadleton, Director of Real Estate with ALDI answered questions from the council. Motion was made by Stuart Gillaspie and seconded by Carter Mahanay to approve. Motion passed 4-2. Jim Wadlow and Dan McClendon against. Matt Powell absent. 6C. Consideration of a concept plan of Lot 1, Block 7R, Reed Parke located at the southeast intersection of SH 174 and the future Arnold Avenue (Case No ). Shai Roos, Director of Community and Economic Development gave a presentation of a concept plan of Lot 1, Block 7R, Reed Parke located at the southeast intersection of SH 174 and the future Arnold Avenue (Case No ). Motion was made by Stuart Gillaspie and seconded by Carter Mahanay to approve. Motion passed 4-2. Jim Wadlow and Dan McClendon against. Matt Powell absent. Break - 8:53 p.m. to 9:02 p.m. Reports 7A. Discussion of Mobile Food Vendors. *Moved up in the agenda following item 2A.

15 1A B. Discussion of FY General Fund Revenue Projections. Rhett Clark, Director of Finance gave a report on the General Fund Revenue Projections for FY C. Police Crime Statistical Report. *Moved up in the agenda following item 6B. Cindy Aaron, Police Commander answered questions of council regarding the monthly crime statistics report. 7D. Council report on NLC Will be placed on a future agenda. 7E. Community Interest Items. Councilmember Gillaspie commented on the great job by Dr. Rigsby at the Character Luncheon and congratulated Dano Strong for being the recipient of the Byron Black Character Award. Peter Krause, Director of Parks reminded council of the December 5 th Christmas events: Santa s Breakfast (moved to the Senior Activity Center to begin at 7:30 a.m.), Parade of Lights, Christmas Tree Lighting and Fireworks Show. Mayor Shetter reminded council of the November 30 th joint meeting with the BISD and the cancelation of the November JUC meeting. Lisa Duello, Director of Neighborhood Services reported that she has set up an Urban Wildlife Biologist to come out on December 8 th to do a Community Outreach Presentation. Information will be going out in the City s E-Newsletter, Facebook page and flyers will go out. Executive Session 8A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec , Sec , , , , , and Section (f) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated here in. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting.

16 1A - 11 Motion was made by Jim Wadlow and seconded by Carter Mahanay to convene into executive session. Motion passed 6-0. Matt Powell absent. Time: 9:30 Motion was made by Jim Wadlow and seconded by Stuart Gillaspie to reconvene into open session. Motion passed 6-0. Matt Powell absent. Time: 9:57 There being no further business Mayor Shetter adjourned the meeting. Time: 9:57 p.m. Cathy Bourg Deputy City Secretary

17 Memorandum 1B -1 To: From: Honorable Mayor Shetter and members of the Burleson City Council Rhett Clark, Director of Finance Date: Subject: Financial Transactions. Council Action Requested: Approve financial transactions. Background Information: All transactions requiring Council approval will be enclosed in Council folders the night of the Council meeting. Board/Citizen Input: Financial Considerations: Please review each individual financial transaction for financial considerations. Attachments: Staff Contact: Brenda Chrusciaki, Chief Accountant

18 1C- 1 Memorandum To: From: Honorable Mayor Shetter and members of the Burleson City Council Shai Roos, AICP Director of Community Development Date: Subject: Ordinance D , request for zoning change from Commercial (C) to Planned Development (PD) District for Burleson Crossing located at southeast corner of IH 35W and East Renfro Street. (Case ) (Final Reading) Council Action Requested: Approve Ordinance D , request for zoning change from Commercial (C) to Planned Development (PD) District for Burleson Crossing located at Southeast corner of IH 35W and E. Renfro Street. (Case ) (Final Reading) Background Information: City Council Public Hearing/First Reading date: October 19, 2009 City Council action: During the first reading, City Council voted unanimously to approve the zoning change. Planning Note: Staff would like to point out that even though the rendering of the proposed multi-family unit is attached with the Planned Development ordinance and has been made a part of the ordinance, there are no specific urban design standards for the proposed multi-family project in the ordinance that would deliver the aesthetic appearance as portrayed in the picture. In case the property is sold to a different developer, or the final design is not as expected the city will not have any tools to require them to change their design. Planning and Zoning Commission public hearing date: September 15, 2009 Planning and Zoning Commission Recommendation: Recommended approval of the zoning change with a 3-2 vote, subject to the following conditions:

19 1C- 2 Should a detention pond become necessary, it shall be aesthetically pleasing, landscaped, and prevented from becoming stagnant; Additional landscape screening should be added between the subject property and the AG Texas Farm Credit Services property; Limit potential uses to multi family, on Tract B-1, eliminating all other uses described in Article 4 of the PD ordinance as borrowed from Section 21 of the Burleson Zoning Ordinance B-582; and The street trees should be planted 25 center to center. All these recommendations have been incorporated in the Planned Development (PD) Ordinance (Attachment 6). Applicant and Owner: Stephen Eisner of Village Creek Equities LTD Area: acre tract Location: Southeast corner of IH-35W and E Renfro Street; : This Tract 28E is under David Anderson Survey Abstract 4; and : Is within IH-35 overlay Special Plan Area 1, Spinks that designates this area for commercial purposes in the future. Existing Condition of the property: The property is currently undeveloped and zoned Commercial (C), in an area dominated with intensive commercial and industrial development. It is surrounded by mostly undeveloped land. The properties north of Renfro are zoned Commercial (C) and properties to the south are zoned Industrial (I). IH-35W right-of-way is abutting the property to the west. Properties across IH-35W are also mostly zoned Commercial (C). Proposal: The development plan divides the property into 4 tracts. Tract A-1 and A-2 will have commercial development. Tract B-1 will have multi-family development and the fourth tract, approximately 2.8 acres is designated as parkland dedication (Zoning Exhibit Development Plan, Attachment 4). The parkland dedication tract shall be finally

20 1C- 3 dedicated to the City of Burleson during the final platting process subject to the conditions as stated in section 7 of the PD Ordinance (Attachment 6). Request: The applicant is requesting the base zoning be changed to Planned Development (PD) from Commercial (C). Reason for the Request: The applicant is proposing to develop this property with a horizontal mixed use development with multi-family and commercial components. Multifamily is not an allowed use under either the base commercial (C) zoning or the IH- 35 Overlay Ordinance, both of which are applicable to this property. The planned development district can supersede these restrictions by the virtue of having a comprehensive development plan, showing an efficient mix of uses and assuring compatibility among those uses. Planning Principles: As stated in the City of Burleson Zoning Ordinance Section 30: Planned Development District, planned development district is established to provide for greater flexibility and discretion in the application of a variety of land uses that might not be achievable under conventional zoning district regulations. Therefore, Planned Developments are most suitable for master planning large tracts of land and providing unified development with interconnected system of roads and side walks. Planned Developments can ensure higher quality through more restrictive design standards and by limiting allowable uses. Ideally, Planned Developments are meant to maximize efficient use of land, increase safety through neighborhood design principles and create an aesthetically pleasing development. The principles of mixed use development and the recent trends in area cities to connect employment centers to residences suggests that this proposed development may be a more sustainable approach toward allowing compatible land uses, promoting reduced travel time and connecting jobs to people.

21 1C- 4 More Details of the Proposal: Commercial lots in proposed Burleson Crossing PD follow the allowable use list from IH-35 Overlay ordinance special plan area 1. Besides the uses that are already prohibited by the overlay, the following uses are also prohibited. Auto, new, used auto sales: outdoors Gasoline Sales Mini-warehouse/self storage facility Parking Garage Swimming or tennis club This removes the future possibility of conflicting land uses (to multi-family residences) on the commercially designated lots. Following is a comparison of Proposed Burleson Crossing PD to the Conventional Zoning District regulations shows some of the differences in standards that are different than what is typically allowed. Detailed proposed standards are stated in the Planned Development Ordinance (Attachment 6). Minimum depth of rear yard (commercial/retail/office) Minimum depth of front yard (MF) Minimum depth of side yard (MF) Minimum depth of rear yard (MF) Maximum density Conventional Zoning District Burleson Crossing PD 10 feet (GR/C/NS, where adjacent 5 feet (where adjacent to MF) to Res) None (where adjacent to C or None (GR/C/NS, where adjacent to I) C or I) 40 feet (MF1/MF2) 25 feet 5 feet (MF1/MF2) 15 feet 30 feet (MF1/MF2) 20 feet 20 DU/Acre (MF2) 12 DU/Are (MF1) 24 DU/Acre Burleson Crossing PD ordinance (Attachment 6) also has additional standards for landscaping, building articulation and design along with monument sign requirements that exceed minimum standards of the City of Burleson code of ordinance.

22 1C- 5 For example, buildings that may back up to street right of way and the back of buildings facing the existing right-of-way shall be articulated and have elevation treatments similar to buildings facing the right-of-way. This ensures that parking is not the first thing seen from Renfro Street, giving the appearance of a more urban environment. Additionally, the applicant has supplied a rendering of the proposed multi-family development. This rendering will be attached to the planned development ordinance and the architectural qualities in the rendering will be the guiding design principles for the multi-family development. Board/Citizen Input: Newspaper Notice: published in the Burleson Star on Sunday, August 30, Notices mailed to properties within 200 feet: mailed to 13 property owners on Friday, August 28, Citizen Input: Two informational requests were made by citizens requesting clarification of the development. Kevin Canaday representing AG Texas Farm Credit Services (neighboring property owner), 117 Burleson Boulevard, spoke at the September 15, 2009, Planning and Zoning Commission public hearing regarding this item. He questioned the need for additional screening other than the proposed wrought iron fence to separate the properties. Jim Bailey resident of 344 S Warren, also spoke at the September 15, 2009, Planning and Zoning Commission public hearing regarding the item and questioned the necessity for the detention pond since the property is located next to a creek.

23 1C- 6 Board Input: Planning and Zoning Commission recommended approval of the zoning change with a 3-2 vote subject to certain conditions that have been incorporated in the Planned Development (PD) Ordinance (Attachment 6). Financial Considerations: There is no expenditure of municipal funds associated with this item. Attachments: 1. Location Map 2. Zoning Map 3. IH-35 Overlay Special Plan Area map 4. Zoning Exhibit Development Plan 5. Rendering of Proposed Multi-Family Development 6. Draft Planned Development (PD) Ordinance (D ) Staff Contact: Surupa Sen, Senior Planner ssen@burlesontx.com

24 Attachment 1 Location Map 1C- 7

25 Attachment 2 Zoning Map 1C- 8

26 Attachment 3 IH-35 Overlay Special Plan Area map 1C- 9

27 Attachment 4 Zoning Exhibit Development Plan 1C- 10

28 Attachment 5 Rendering of Proposed Multi-Family Development 1C- 11

29 1C- 12 Attachment 6 Draft Planned Development (PD) Ordinance Ordinance (D ) AN ORDINANCE AMENDING ORDINANCE B-582, THE ZONING ORDINANCE OF THE CITY OF BURLESON, TEXAS, BY AUTHORIZING ZONING CHANGE FROM COMMERCIAL ZONING DISTRICT (C) TO PLANNED DEVELOPMENT ZONING DISTRICT (PD) ON TRACT 28E, UNDER DAVID ANDERSON SURVEY ABSTRACT 4, TARRANT COUNTY; AT THE SOUTH EAST CORNER OF EAST RENFRO STREET AND INTERSTATE HIGHWAY 35 SOUTH, MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Mr. Steve Eisner of Village creek Equities on July 16, 2009, under Case Number ; and WHEREAS, the City of Burleson has complied with the notification requirements of the Texas Local Government Code and the Burleson Zoning Ordinance; and WHEREAS, the City Council and Planning and Zoning Commission have held a public hearing and the Planning and Zoning Commission has made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning ordinance amendment is in the best interest of the City of Burleson. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BURLESON, TEXAS:

30 1C- 13 SECTION 1 The Official Zoning Map is hereby amended insofar as it relates to certain land located in Burleson, Texas, as shown on the Development Plan attached as Exhibit 1 and described as Tract 28E, under David Anderson Survey Abstract 4, Tarrant County; by authorizing a zoning change from Commercial Zoning District (C) to Planned Development Zoning District (PD), subject to the following conditions: 1.0 Purpose/Vision Burleson Crossing PD is envisioned to create a complimentary mix of uses to allow for better flexibility and promote a mixture of complimentary land uses that includes housing, retail, office, commercial services, and civic uses and provides better pedestrian connectivity, promotes human scale design, ensures safety and security, and creates public open space. The proximity to a major interstate and access through E. Renfro Street will provide higher visibility to the property and ensure economic feasibility for high density residential, commercial and retail use as proposed in this ordinance. 2.0 Location & Applicability The site is located on the east side of Interstate 35W and on the south side of E. Renfro Street (F.M. 3391). The tract is located just north of Memorial Plaza. The site contains acres of land and is bounded on the north and east by E. Renfro St., to the west by I-35W and to the south by a creek. The site contains an area of floodway, designated on the Development Plan as Parkland Dedication, this area is to remain natural. This tract contains acres of land, whose boundaries and area may be adjusted at the time of final plat. 3.0 Planned Development District- Tracts A-1, and A-2 Commercial General Description: The Commercial tracts will provide the ability to encourage and accommodate the development of office, retail and commercial center(s). The provisions of this section shall apply to Tract A-1 and A-2 as designed on the Zoning Exhibit Development Plan.

31 1C- 14 Permitted Uses: Uses identified in Section , Uses Allowed (#1 Spinks), of the IH 35 Overlay District, Ordinance B shall be permitted within Tracts A-1 and A-2 in the Planned Development District. The permitted uses are as allowed in the Overlay District with the exception of the following uses which are prohibited: Auto, new, used auto sales: outdoors Gasoline Sales Mini-warehouse/self storage facility Parking Garage Swimming or tennis club Additional uses allowed in the Planned Development: Restaurant or cafeteria with drive through service Accessory uses allowed in the Planned Development: Accessory building, (neighborhood service, commercial, business, or industry) Off-street parking Building Materials: All buildings shall have an exterior finish of glass, stone, stucco, brick, tile, concrete, exterior wood (cedar, redwood or oak) or similar materials of any combination thereof. The use of wood as a primary, exterior building material shall be limited to a maximum of twenty-five (25) percent of the total exterior wall surfaces. Construction of buildings will be in compliance with the provisions of the Burleson Masonry Ordinance B-743. Building Heights: The maximum permitted height of all buildings within the commercial tracts of the Planned Development District shall be two (2) stories. Additional restrictions of Section , Building Heights of the IH 35 Overlay District, Ordinance B shall apply to this section. Orientation: The buildings shall be orientated toward their parking area. This may allow some buildings to back up to the street right-of-way and face inward to break up the parking area along E. Renfro Drive. The back of buildings facing the existing right-of-

32 1C- 15 way shall be architecturally articulated and have elevation treatments similar to buildings facing the right-of-way. Front Yard: There shall be a front yard having a depth of not less than twenty-five (25) feet. Eaves and roof extensions may project into the required front yard for a distance not to exceed six (6) feet. Side Yard: Side yard requirements for commercial tracts shall be as follows: a. No side yard shall be required adjacent to any property or tract within the Burleson Crossing Planned Development that is designated for commercial development by the Zoning Exhibit Development Plan and Section 3.0 of this document. No side yard setback shall be required adjacent to industrially, or commercially zoned property located outside the Burleson Crossing Planned Development. This standard is not intended to regulate fire separation between buildings. b. A ten (10) foot side yard shall be provided adjacent to any property or tract that is designated for single family development. A ten (10) foot side yard shall be required adjacent to any property located outside the Burleson Crossing Planned Development that is zoned for residential use. c. A ten (10) foot side yard shall be provided adjacent to a dedicated street. d. Eaves and roof extensions may project into the required side yard for a distance not to exceed two (2) feet. Rear Yard: Rear yard requirements for commercial tracts shall be as follows: a. No rear yard shall be required adjacent to any property or tract within the Burleson Crossing Planned Development that is designated for commercial development by the Zoning Exhibit Development Plan and Section 3.0 of this document. No rear yard setback shall be required adjacent to industrially, or commercially zoned property located outside the boundaries of the Burleson Crossing Planned Development. If this requirement imposes fire safety issues or is in conflict with the fire or building codes, then the more restrictive code will prevail.

33 1C- 16 b. A five (5) foot rear yard shall be provided adjacent to any property or tract that is designated for multi-family development by the Zoning Exhibit Development Plan and Section 4.0 of this document. A ten (10) foot rear yard setback shall be required adjacent to any property located outside the Burleson Crossing Planned Development that is zoned for residential use. Required Parking: Parking shall be provided in accordance with Section , Parking and Onsite Circulation of the IH 35 Overlay District, Ordinance B Parking and driveways shall be permitted within all required yard areas and must be paved with asphalt or concrete. Special Off-street parking requirement: a. Shared Parking will be allowed within this District. b. Handicapped parking spaces: Handicapped parking shall be as set forth in the State of Texas Architectural Barriers Act. Land Area Permitted: the amount of acreage permitted in the commercial tracts shall be outlined in the attached Zoning Exhibit/Development Plan. 4.0 Planned Development District Multi-Family Residential Tract B-1 General Description: Multi-family units are attached units. Access shall be allowed from access drives or parking areas connecting to adjacent public or private streets. Requirements for multi-family development shall be governed by standards as described below. The provisions of this Section apply to Tract B-1 as designated on the Zoning Exhibit Development Plan. Permitted Uses: Land uses permitted with multi-family tracts are as follows: a. Permitted uses: Multiple family Density: Allowed densities for each of the multi-family tract shall be as follows: a. Tract B Acre 24DU/ Acre 196 Units b. Maximum number of units permitted with three or more bedrooms shall be 20 percent-40 units (24 U/Net Ac.)

34 1C- 17 Required Parking: Parking requirements for multi-family tracts developed for multifamily use shall be as follows: a. Two off-street parking spaces shall be provided for each multi-family dwelling unit. b. Parking shall be permitted within all required side and rear yard areas. c. No parking shall be permitted within the required front yard area. d. Parking and driveways shall be paved of asphalt or concrete, in accordance with paving standards established by the Burleson Zoning and Subdivision Ordinances. Building Materials: All multi-family structures shall have an exterior finish of glass, stone, stucco, brick, tile, exterior wood (cedar, redwood or oak), or similar materials or any combination thereof as in compliance with the Burleson Masonry Ordinance B-743, and in compliance with Section 4.08 of this ordinance. The use of wood as a primary, exterior building material shall be limited to a maximum of twenty-five (25) percent of the total exterior wall surfaces. Construction of buildings will be in compliance with the provisions of the Burleson Masonry Ordinance B-743. Minimum Dwelling Size: The minimum floor area for multi-family units as outlined in Section , Area Regulations, of the Burleson Zoning Ordinance shall govern area requirements within Tract B-1. Dwelling unit minimums shall be as follows: a. One bedroom unit 650 square feet Two bedroom unit 950 square feet Three bedroom unit 1250 square feet b. Minimum floor area shall exclude common corridors, basements, open and screened porches or decks, and garage. Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet. Side Yard: The minimum side yard on each side of the lot shall be fifteen (15) feet. A side yard adjacent to a street shall be a minimum of twenty-five (25) feet. A building separation of fifteen (15) feet shall be provided between multi-family structures.

35 1C- 18 Rear Yard: The minimum depth of the rear yard shall be twenty (20) feet. Nothing in this Section is intended to or shall eliminate or supersede any requirements of the Burleson building or fire codes that establish regulations dealing with building separations or fire resistive construction. If this requirement imposes fire safety issues or is in conflict with the fire or building codes, then the more restrictive code will prevail. Building Height: The permitted height of all multi-family structures shall not exceed three (3) stories. 5.0 Landscape Plans: Landscape Plan shall be prepared and submitted in accordance with the requirements of the Burleson Landscape Ordinance. Should a detention pond become necessary, it shall be aesthetically pleasing, landscaped, and prevented from becoming stagnant Street Trees: A minimum of one (1) street tree shall be required along the existing street parkway. One large street tree, 3 inches in caliper minimum shall be planted on twenty-five (25) feet center to center within the required landscaped areas. Suitable trees shall be from the following list: Bald Cypress Cedar Elm Live Oak Pecan Chinese Pastiche Red Oak Bradford Pear Burr Oak Texas Sophora Shumard s Oak Sweet Gum Deciduous Holly Street trees shall not be located in any of the following areas: a. Within an area that the mature canopy of the tree will interfere with overhead utility lines. b. Within an area that the mature root zone of the tree will interfere with underground public utility lines (including water lines, sewer lines, transmission lines or other utilities). c. Within ten (10) feet of a fire hydrant; or, d. Closer than twenty (20) feet to any street corner, measure from the point of nearest intersection curbs or curb lines.

36 1C Screening: A minimum six (6) foot decorative aluminum or metal screening fence shall be provided where any property or tract designated for single family (detached) residential development abuts the development. The property owner shall be responsible for the construction and maintenance of the screening. Screening fence shall be decorative aluminum or metal, with a maximum spacing between vertical elements being 5, and be maintained in good repair. The design or materials used in construction of the wall shall not be modified when repairs are made on the wall. Along the south and west boundary lines of adjoining Lot 1, Block 1, Burleson Crossing, AG Texas Farm Credit Services property, additional living screening will be provided. This will consist of evergreen shrubs that mature at a height of 2-3 feet being placed along the fence spaced at 3 foot intervals. Small decorative trees or shrubs (i.e. crepe myrtles) will be placed on 20 center-to-center along the fence line. Screening fence plans shall be included as a component of required site plans and will be subject to approval at the time of site plan approval. 7.0 Planned Development District General Conditions Conformance to All Applicable Ordinances of the Burleson Zoning Ordinance: The requirements established by the Burleson Crossing Planned Development District Development Standards and all exhibits thereof, including but not limited to the Zoning Exhibit Development Plan constitute the Planned Development Standards that apply to the Property that has been zoned to create the Burleson Crossing Planned Development. If these standards do not regulate a particular aspect of development, then such particular aspect of development shall be treated as follows: a. If the type of land use affected by the ambiguity in regulation or lack of regulation is related to the development of commercial development then the standards applied for resolving the issue shall be those that would be applicable if property in question was zoned C Commercial. b. If the land use proposed on the tract affected by the ambiguity in regulation or lack of regulation is related to the development of multi-family housing the regulations to be applied shall be those that would affect if the property had a base zoning of MF-1 - Multi-Family 1.

37 1C- 20 Development Plan: A Development Plan is hereby attached and made a part of the ordinance as Exhibit A. It establishes the most general guidelines for the district by identifying the land use types, approximate thoroughfare locations and project boundaries and illustrates the integration of these elements into a master plan for the whole district. If the land uses as shown on the plan or as outlined within this document are to be changed, such change shall be processed as a change in zoning. No site plan prepared for a construction project within the Planned Development shall be inconsistent with the Zoning Exhibit Development Plan or any City Council approved Zoning Exhibit Development Plan updates. Streets: All streets will be designed and constructed in accordance with the specifications of the Burleson Subdivision and Development Ordinance. The configuration of the entry gates, escape turn-arounds, stack of cars and configuration will be approved at the time of platting. Any residential use tract may be gated with the approval of a specific site plan for the tract. All private road construction will be in accordance with that of public roads and will be in accordance with the specifications of the Burleson Subdivision and Development Ordinance (B-622). Conformance to Subdivision Regulations: Unless outlined herein, this Planned Development shall adhere to all sections of the Subdivision and Development Ordinance (B-622) as amended, unless granted a waiver, or variance procedures established by said Ordinance. Architectural and Miscellaneous Development Standards Office, Retail and Commercial District: a. Masonry: Structures shall be constructed of masonry, stone, or other cementatious product. Concrete tilt walls may be appropriate as the principal component of office, retail and commercial construction. Concrete tilt walls shall have a finish or texture of pebble or stucco, or shall have a brick or stone pattern as part of the wall created in the stage of formation. Masonry may be brick or stone of earth tone colors, if color and pattern are added to the form. However, it

38 1C- 21 would be consistent to permit other brick colors, as accent brick, provided that in combination accent brick and non-masonry materials do not exceed the 25 percent non-masonry benchmark. Stone shall not be painted. Brick shall be painted only for the purpose of covering an inappropriate brick color with an earth-tone color. b. Concrete Surfaces and Surfaces Other Than Masonry: Exterior concrete wall surfaces and wall surfaces other than masonry shall consist of no more than three colors a base color, and/or a trim color, and/or an accent color. The City shall permit a base color on up to a 100% of the surface area of any one façade of a building. However, the City shall permit other than a secondary color on up to only 15% of the surface area of any one façade, and an accent color on up to only 10% of the surface area of any one facade. For calculation purposes, wall surfaces shall include eaves, gables and parapets, but should exclude roofs, awnings or signs. c. Attached Signs: Signs attached to walls shall consist of individually mounted channel letters. There should be no restriction on the form they take, or on their typestyle, but colors should be restrained and, in unified developments, the same. Back-lit plastic in white, black, or neutral colors is appropriate, as well as back-lit metal in natural finishes or painted in white, black or neutral colors. d. Monument Signs: Monument signs shall be allowed but shall not exceed 8 feet in height and 10 feet in length, and shall be architecturally compatible with the primary building. e. Awnings: Adding accent color through the use of awnings is appropriate within the commercial environment. Awnings shall be canvas, or a lusterless material which closely resembles canvas, at least 80 percent of which is a single deep or neutral solid color, the remaining up to 20 percent, if different, shall be contrasting. For example, if the majority is a deep solid, the trim shall be a neutral solid. If the majority is a neutral solid, the trim shall be a deep solid. Awnings shall not be back-lit. Lettering and logos shall be limited to a monogram. f. Lights: Parking lot light standards shall not exceed 30 feet in height. Lighting shall be required to minimize glare onto adjacent single family residential developments.

39 1C- 22 g. Roofs: Flat roofs and parapet walls around flat roofs shall have a cornice, cap or other detail with a vertical dimension equal to at least 3 percent of the height of the building. Pitched roofs shall have roofing material of a lusterless neutral color. Green colors shall be limited to dark forest greens, slate greens, pale bluish-gray greens and copper patinas. Metal roofs shall be standing seam either with a baked-on lusterless finish. h. Windows: Glass shall not exceed 50 percent of any one façade of a building. It shall be clear or tinted, including art glass and stained glass, but not mirror reflective. If used for advertising purposes, stained glass on any facade shall be limited to 10 percent of the total glass area on the facade. i. Pavement: Pavement shall be concrete or asphalt installed in accordance with the Burleson standards. Institutional Uses: Unless a specific exception is granted by the City Council, materials for institutional buildings shall follow the same standards as those for office, retail and commercial development. Exceptions may be granted for the use of stucco for Romanesque and Spanish Colonial styles and use of reflective metal if appropriate for the spires and domes of landmark institutional buildings at the time of site plan approval. Multi-Family Residential Development: Apartment complexes shall observe all the design standards set for office, retail and commercial development. Trail Development and Parkland Dedication: General Notes The city and the developer recognize that trail development located on the developer s property is a desirable park amenity. The city will allow the trail to be constructed by the developer in lieu of paying park development funds. The city will accept the developer s park property (when dedicated to the city) upon the acceptance of the final plat of the multi-family tract and park dedication tract, which are

40 1C- 23 indicated on the attached Development Plan Exhibit. The dedicated property must meet the current standards in the city s Park Land Dedication Ordinance with the exception of Section 8.1.A.7 & Section 8.1.A.8. Section 8.1.A.7 (the slope requirement) may be waived by the Director of Parks and Recreation subject to the developer demonstrating that the slopes will be maintainable through the use of retaining walls, benching or other construction methods for the trail at those locations. Section 8.1.A.8 is waived in this Planned Development as a trail improvement is a permitted facility within the floodplain/way. If the trail is not constructed by the developer at the time of or prior to construction of the multi-family project, all current parkland dedication requirements and development fees as stated in the city s Park Land Dedication Ordinance will be collected from the developer. Trail design requirements The trail must be a minimum of 10 in width and constructed to AASHTO standards as defined in the Bike and Pedestrian Design Guidance Manual (1999). The trail must also conform to the design requirements as set forth in the Texas Accessibility Standards. The city recognizes that at a minimum of two locations along the trail s alignment, the trail s width may be required to be reduced to a minimum of 8. These areas are to be as limited in length as possible. At no point shall the trail width be reduced to less than 8. a. The trail shall be constructed of 5 of reinforced concrete. b. Adjacent areas to trail shoulders must be maintainable. c. Trail must be aligned in such a way that it can be joined by future trails at both ends of the development. If a trailhead is utilized at Renfro, its design shall be appropriate and inclusive of future expansion of Renfro as well as future sidewalk development along Renfro. d. Trail must provide access into the Burleson Crossing development. e. Trail s design and alignment must be approved by the Director of Parks and Recreation.

41 1C- 24 SECTION 2 CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Burleson, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. To the extent that the provisions of the City of Burleson s various development ordinances conflict with this ordinance, the terms of this ordinance shall control. SECTION 3 SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4 PENALTY CLAUSE Any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined, upon conviction, not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of other remedies provided by State Law, and the power of

42 1C- 25 injunction as provided in V.T.C.A. Local Government Code and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed. SECTION 5 EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and publication as provided by law. PASSED AND APPROVED this the day of ATTEST: MAYOR City Secretary First Reading:

43 Exhibit 1 Zoning Development Plan 1C- 26

44 Exhibit 2 Multi-Family Rendering 1C- 27

45 1D - 1 Memorandum To: From: Honorable Mayor Shetter and members of the Burleson City Council Shai Roos, AICP Director of Community Development Date: Subject: Ordinance B-582 (B1109), a request for an amendment to the Burleson Code of Ordinances, Appendix B: Zoning Ordinance, Article II, Section 12: Special Definitions and Explanations, changing the definition of Drop-in Child Care. (Case ) (Final Reading) Council Action Requested: Approve Ordinance B-582 (B1109) a request for an amendment to the Burleson Code of Ordinances, Appendix B: Zoning Ordinance, Article II, Section 12: Special Definitions and Explanations, changing the definition of Drop-in Child Care. (Final Reading) Background Information: City Council Public Hearing/First Reading date: November 16, 2009 City Council action: During the first reading, City Council voted (6-0) unanimously to approve the ordinance amendment. Planning and Zoning Commission public hearing date: November 3, 2009 Planning and Zoning Commission Recommendation: The Commission recommended approval with a 6 0 vote after a public hearing on November 3, 2009 meeting. Staff has not received any citizen comments on this item and no citizens spoke at the public hearing. Applicant: City of Burleson Area: Citywide

46 1D - 2 Request: Modify the definition of drop-in child care center in the Zoning Ordinance. Reason for the Request: The definition of a drop-in child care center as currently written is ambiguous and does not distinguish a drop-in child care facility from a child care center. Commercial C zoning district only allows drop-in child care, while General Retail GR and Neighborhood Services NS zoning districts only allows child care centers. Therefore, for staff to give permits for child care facilities in these three zoning districts it is important to be able to distinguish between the drop-in child care and child care centers. The three types of child care services currently defined in the Zoning Ordinance are as follows: 1. Child Care as a Home Occupation (in single-family dwelling unit) - The use of a single-family home for the purpose of caring for more than three but not exceeding 12 children, other than the care givers own. 2. Drop-in Child Care - An establishment where more than three children are housed for care or training during the day or portion of the day, where enrollment is not required and children may be dropped off for a short-term, intermittent stay. All dropin child care centers shall be licensed under the provisions of the State of Texas. 3. Child Care Center - An establishment where more than three children are housed for care or training during the day or portion of the day under State of Texas licensing provisions. As evident from the definitions above, Drop-in Child Care meets all requirements of Child Care Centers making a distinction impossible. Additional Information: In 2006 City Council considered a code amendment on child care regulations in the context of a particular case Play Time Child Care. During a joint public hearing on May 16, 2006,

47 1D - 3 staff proposed to allow child care centers in commercial zoning district due to the emergence of hourly day cares as a legitimate use. The final recommendation by the City Council was to distinctly define drop-in day care and allow this use by right in the Commercial C zoning district. Key factors in the decision included the nature of drop-in child care centers, as well as sensitivity to traffic, safety, parking, and accessibility issues. An amendment to the Zoning Ordinance was approved by City Council on June 22, 2006, establishing the current definition of a drop-in child care center and creating it as an allowed use with the Commercial C zoning district. Since 2006, Play Time Child Care has operated as the only drop-in child care center in the City. It is located in the Burleson Town Center shopping center located at the northeast corner of Alsbury and IH-35W. Staff analysis of the current definitions raised concern that the definition is vague and doesn t adequately distinguish between drop-in child care centers and child care centers. In 2006 The City Council had directed staff to research the current child care center definitions in the Zoning Ordinance and ensure their consistency with Texas Department of Family & Protective Services (DFPS) regulations. Staff coordinated with DFPS to discuss appropriate options to define and distinguish the types of day care services. The findings were presented during a City Council worksession on October 5, City Council advised staff to make the drop-in child care center definition in the Zoning Ordinance match DFPS definition of Alternate Care Program which matches the intent of City Council direction from The proposed definition of drop-in child care center, if approved, will read as follows: Drop-in child care center: An establishment where no child is in care for more than five consecutive days, and no child is in care for more than 15 days in one calendar month, regardless of the duration of each stay. All drop-in child care centers shall be licensed under the provisions of the Alternate Care Program of the Texas Department of Family & Protective Services.

48 1D - 4 As this definition matches DFPS definition, the state will monitor these facilities for annual compliance just like they regularly inspect Play Time Child Care center, thus adding another layer of enforcement to this type of centers. Board/Citizen Input: Newspaper Notice: published in the Burleson Star on Sunday, October 17, Board Input: The Planning and Zoning Commission recommended approval of this Ordinance Amendment with a 6 0 vote after a public hearing on November 3, Financial Considerations: There is no expenditure of municipal funds associated with this item. Attachments: 1. Draft Ordinance B-582 (B1109) Staff Contact: Surupa Sen, Senior Planner ssen@burlesontx.com

49 1D - 5 Attachment 1 Draft Ordinance B-582 (B1109) AN ORDINANCE AMENDING ORDINANCE B-582, THE ZONING ORDINANCE OF THE CITY OF BURLESON, TEXAS, BY AMENDING SECTION 12, SPECIAL DEFINITIONS & EXPLANATIONS; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Burleson approved Ordinance B- 582 on amending Section 12, Special Definitions & Explanations, specifically the definition of drop-in child care center, within the Zoning Ordinance for the City of Burleson, Texas; and; and WHEREAS, the City Council desires to amend a portion of the Special Definitions & Explanations section within the Zoning Ordinance for the purpose of clarifying the definition of drop-in child care center within the City of Burleson Code of Ordinances; and WHEREAS, notice of a hearing before the Planning and Zoning Commission and City Council was published in a newspaper of general circulation in Burleson at least 15 days before such hearing; and WHEREAS, the Planning and Zoning Commission has forwarded its recommendation to the City Council for consideration; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BURLESON, TEXAS:

50 1D - 6 SECTION 1 This ordinance shall modify the City of Burleson Code of Ordinances, Appendix B: Zoning Ordinance, Article II, Section 12, Special Definitions & Explanations, specifically, definition of drop-in child care center with the following text. Drop-in child care center: An establishment where no child is in care for more than five consecutive days, and no child is in care for more than 15 days in one calendar month, regardless of the duration of each stay. All drop-in child care centers shall be licensed under the provisions of the Alternate Care Program of the Texas Department of Family & Protective Services. SECTION 2 CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Burleson, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. To the extent that the provisions of the City of Burleson s various development ordinances conflict with this ordinance, the terms of this ordinance shall control. SECTION 3 SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.

51 1D - 7 SECTION 4 PENALTY CLAUSE Any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined, upon conviction, not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of other remedies provided by State Law, and the power of injunction as provided in V.T.C.A. Local Government Code and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed. SECTION 5 EFFECTIVE DATE This Ordinance shall be in full force and effect after its publication as provided by law. PASSED AND APPROVED this the day of, ATTEST: MAYOR City Secretary First Reading:

52 1E - 1 Memorandum To: From: Honorable Mayor Shetter and members of the Burleson City Council Gary A. Wisdom, Fire Chief Date: Subject: Renewal of a mutual aid agreement between the City of Burleson and the Tarrant County Emergency Services District. Council Action Requested: Approve the renewal to a mutual aid agreement between the City of Burleson and the Tarrant County Emergency Services District. Background Information: This is an annual renewal which would continue to allow the fire department, on large scale incidents, to receive mutual aid from various departments in Tarrant County. We have received mutual aid from them in the past on major brush fires and on some commercial structures. In turn, we would send mutual aid to areas in Tarrant County when we are available to respond. The wording in this document is exactly the same as the wording in previous years documents. This agreement has been in place since FY Board/Citizen Input: Financial Considerations: Under this agreement, the City of Burleson would receive $7,500 dollars which would be deposited in the General Fund in account number , County ESD Fire Funds. Attachments: 1. The mutual aid agreement between the City of Burleson and the Tarrant County Emergency Services District is attached. Staff Contact: Gary A. Wisdom, Fire Chief Ga1wisfd@burlesontx.com

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57 Memorandum 1F - 1 To: From: Honorable Mayor Shetter and members of the Burleson City Council Dalan Walker, Senior Park Planner Date: Subject: Award the contract for the Tech Package at the Burleson Recreation Center to Able Communications. Council Action Requested: Authorize the execution a contract with Able Communications in the amount of $220, for the installation of technical equipment and cabling in the Burleson Recreation Center. Background Information: The Tech Package is comprised of technical systems to be installed in the Burleson Recreation Center including audio/video, telephone, data, surveillance and security. The initial design provided by GSBS and subsequently to the Construction Manager at Risk did not include these specifications as a bid item as the city had not yet determined the type or vendor of the city s new phone system. An RFP was issued and opened August 17, 2009 with three responses received from: Able Communications, ComNet Communications and Fisk Technologies. In accordance with Sections (c), , and (b) of the Local Government Code, after evaluation of the responses and discussions with respondents, staff determined Able Communications could provide the best value to the City based on the price quoted, the reputation of the vendor and of the vendor's goods or services, and the extent to which the goods or services meet the city's needs. The timeframe for the work will occur in stages with the initial cabling and conduit installation being completed within 30 to 45 days. Subsequent installation of the televisions, telephones, card access readers and projectors will not be installed until the interior of the center is substantially completed. Able Communications has performed similar work for other projects on which Hill Wilkinson (the Construction Manager at Risk for the Recreation Center) has worked.

58 1F - 2 Board/Citizen Input: N/A Financial Considerations: The cost of the Technical Package is $220, and is available in the FFE budget account number Attachments: Contract Staff Contact: Peter Krause Director of Parks and Recreation (817) pkrause@burlseontx.com Dalan Walker Senior Park Planner (817) dwalker@burlesontx.com

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70 Memorandum 2A -1 To: From: Honorable Mayor Shetter and members of the Burleson City Council City Manager s Office Date: Subject: Citizen Appearances. Council Action Requested: Background Information: Citizens who have signed a card to speak to the City Council 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 City Council members are prevented from discussing 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 Council has previously considered in a public hearing. Board/Citizen Input: Financial Considerations: There is no expenditure of municipal funds associated with this item. Attachments: Staff Contact: City Manager s Office City Secretary s Office

71 3A-1 Memorandum To: From: Honorable Mayor Shetter and members of the Burleson City Council Aaron Russell, P.E., Director of Public Works Date: Subject: Public Hearing and consideration of a request by Chesapeake Operating, Inc., for a gas well drilling permit for one (1) gas well with a variance, known as the HOG B 3H and a variance from the setback distance waiver requirement for future gas wells on an existing pad site located at 755 SW Wilshire Boulevard (Case No ). Council Action Requested: 1. Conduct a public hearing 2. Approve or deny a gas well drilling permit with a variance for one (1) gas well, known as the HOG B 3H on an existing pad site located at 755 SW Wilshire Boulevard (Case No ). 3. Approve or deny a variance from the setback distance waiver requirement for future gas wells on the HOGA/HOGB/Unicorn pad site from 724 Ash Street when wells are no closer than 410 from the platted property line. Background Information: Chesapeake Operating, Inc. is the owner of three (3) gas lease units, the HOG A, HOG B and Unicorn and has applied for a permit to drill one (1) well in the HOG B unit. The HOG B 3H wellhead will be located approximately 30 east of the approved HOB B 1H wellhead, on the existing pad site located at 755 SW Wilshire Boulevard. Chesapeake has also requested a variance from setback distance waiver requirement of the Ordinance as part of the permit package. A map showing the location of the drill site and wells is attached. In addition, Chesapeake has requested a variance from the setback distance waiver requirement for future wells on this pad site. This would allow future wellheads that have no encroachments closer than 410 feet from 724 Ash Street to go through the

72 3A-2 administrative approval process and not require additional public hearings. Proposed wellheads that encroach on any additional properties would require a new variance and would require a public hearing at a City Council meeting. On September 8, 2009, the City Council approved a permit for four (4) wellheads with a variance on this site. At that meeting, Council was presented two (2) options for a pad site location, one close to SW Wilshire Boulevard that would minimize future commercial development potential, and one location set back from SW Wilshire Boulevard frontage that maintained future development potential but required a variance from the setback distance for two (2) residential properties. After much debate and resident support for maintaining development potential, Council voted to approve the location requiring the variance from residential properties. Those wells are the HOG A 1H and 4H, the HOG B 1H and the Unicorn 1H. Chesapeake has begun construction on the pad site and is preparing to drill wells in the coming month. Chapter 14, Article VII of the Burleson Code of Ordinances establishes the procedures for considering gas well drilling permits and requirements for the operation of the drill site and wells. All drilling permits requiring a variance must be approved by the City Council. The permit application has been reviewed by the Gas Well Review Committee (GWRC) and is summarized below. Drill Site. The existing drill site is located on an otherwise vacant tract of land zoned commercial and located on the east side of SW Wilshire Boulevard just south of the S.E. Gardens Boulevard intersection. The tract is surrounded by commercial development to the south and residential to the north and east. Distance Setback Issues for the B3H Wellhead. The proposed location of the B3H wellhead is within 500 feet of eight (8) residentially platted lots and two (2) commercial structures (Jett Express Car Wash and Aaron s Rents). Waivers letters to allow drilling within the setback limits were submitted with the first permits from one (1) commercial and seven (7) residential property owners. Since that time, a waiver letter has been received from the second commercial property (Aaron Rents). There remains one (1)

73 3A-3 residential property within the 500 setback distance whose owner has not signed a waiver. This property, 724 Ash Street, is one of the two (2) properties for which the variance was granted for the first four (4) wells. The other property, 801 Ash Street, owned by Wells Fargo Bank at the time, has since been sold and the new owners have provided a waiver letter. The B3H wellhead is approximately 451 feet from the property line of 724 Ash Street. This is 26 feet farther than the approved Unicorn 1H wellhead, which is 425 feet from the property line. Chesapeake has submitted a request for a variance from the setback distance waiver requirement portion of the Ordinance for the HOG B3H wellhead. It is important to point out that had the pad site been located at the alternate location, closer to SW Wilshire Boulevard, no additional waiver, and therefore no variance, would be required for the B3H permit. Variance Request and Distance Setback Issues for Future Wellheads. With the first permit and variance issued, there were encroachments on one (1) commercial structure and two (2) residential properties whose owners had not signed waivers. As stated above, Aaron Rents and 801 Ash Street have since provided waiver letters. The only property that has not provided a waiver letter is 724 Ash Street. Chesapeake has additional wells planned at the site that will also encroach on the 500 setback distance from 724 Ash Street, and has requested a variance be granted from the setback distance waiver requirement for future wells that are not closer than 410 feet to the property line of 724 Ash Street. This distance is the closest any planned well will be and will allow those future permits to be processed administratively, with the standard Gas Well Review Committee approval and Council review, rather than through the public hearing process required for individual permit variances. Council members would of course have the opportunity to ask that any permit be brought to a public hearing, as is standard in the administrative approval process. However, unless Council places stipulations on this variance, the variance would not be subject to a public hearing. A map showing the buffer from 724 Ash Street is attached. 724 Ash Street is a non-owner occupied residential property. The lot line is approximately 425 feet from the first permitted wellheads and 451 feet from the proposed B3H wellhead. Chesapeake is requesting a variance for future wells that are

74 3A-4 no closer than 410 feet to the property line. The structure is an additional approximate 43 feet from the property line. The property is owned by John Cashion, whose address is in Joshua. Mr. Cashion requested at the August 17 City Council meeting that the wells not be allowed to encroach within 500 feet of his property. Mr. Cashion has signed a gas lease and his property is included in the Unicorn lease unit. A map showing the subject property is attached. Letters from Chesapeake requesting the variances from the wavier requirement and a summary of Chesapeake s attempts to obtain the required waiver is also attached. Variance Request. Chesapeake is requesting a variance from the setback distance waiver requirement for properties within 500 feet of the wellheads. Specifically, the variance is requested from the following language in the Ordinance: Sec Technical Regulations. C. Well setback and sound attenuation wall requirements. 1. It shall be unlawful to drill any well, the center of which, at the surface of the ground, is located: a. Within five hundred (500) feet from any building or outdoor facility used, or designed and intended to be used, for a residence, religious institution, public building, public gathering area, hospital building or public or private school unless a notarized distance waiver request is submitted by the surface owner. For pad sites existing as of the effective date of this Ordinance, a notarized distance waiver request will not be required from owners that are within the lease unit where no waiver was required on previous Gas Well Permits issued by the City of Burleson; b. Within five hundred (500) feet of a residential lot line as shown on a recorded final plat or an approved and unexpired preliminary plat unless a notarized distance waiver request is submitted by the surface owner. For pad sites existing as of the effective date of this Ordinance, a notarized distance waiver request will not be required from owners that are within the lease unit where no waiver was required on previous Gas Well Permits issued by the City of Burleson;

75 3A-5 c. On new pad site locations, within five hundred (500) feet from any building not included in (a.) above, unless a notarized distance waiver request is submitted by the surface owner, except that an industrial use building shall not require a waiver request. d. Within one-hundred (100) feet of any public street, road, highway or future street, right-of-way. Also contained within this Section of the Ordinance is the following language regarding the issuance of a variance: 4. The distances set out in this subsection may be increased by the City Manager or City Council as part of the approval of a Gas Well Permit. Any decreases in the distances set out in this subsection shall be approved by the City Council by Variance. Site Specific Requirements. The following will be made conditions of this permit, if granted. These conditions were also placed on the first permit issued for this site. Sound attenuation walls shall be erected on all four sides of the pad site. These walls shall be at a minimum of 32. Due to the highly commercial area of the location, security cameras will be required at the site. A shared access easement, 24 in width along the entire SH174 frontage of the property, must be dedicated by separate instrument and recorded in the Tarrant County records prior to any development on the property. The frac pond shall be fenced in accordance with Ordinance requirements. The following two (2) conditions of the first permit have been completed, and will not be included as conditions of this permit: Due to the existing adjacent development, construction of a 24 concrete shared access drive from the entrance off SH174 to the south property line

76 3A-6 will be required. Construction of the drive shall be concurrent with initial gas well development activities. A concrete drive, meeting fire lane standards, must be constructed from the entrance off of SH 174 to the pad site. Street Access. The site is accessed using a private entrance to the site that ties to Wilshire Boulevard (SH174). Chesapeake has constructed this access of concrete from SH174 to the pad site. In addition, Chesapeake has constructed the concrete shared access drive required under the first permit to tie to the Car Wash drive. A Road Damage Remediation fee will not be required for the haul route. An exhibit showing the access route is attached. Floodplain. The drill site is not located within a regulatory floodplain or floodway. Fire and Emergency Access. Arrangements have been made with the fire marshal to allow for access to the site on a 24-hour basis. Access may be achieved through the use of a Knox lock system on the gate. The access road will be constructed of an allweather material and maintained during the course of operations on the site. The access roads on the site will be maintained in a condition to allow emergency vehicles to enter the site in all weather conditions. As per the new gas well ordinance, the operator will be required to install foam lines on the production site to accommodate wellhead fire protection. Security, Fencing and Landscaping. When the well is complete, the drilling company is required to fence and landscape the pad site as per the new gas well ordinance. Access to the site will be made with a keypad entry gate system which will record who accesses the site. A landscape plan meeting the Ordinance requirements has been submitted to the city and is attached. All plant selections for the sites are acceptable adapted or native plant species, from the pre-approved list in the Ordinance, and are well suited for the native landscape conditions and climate of the area. The proposed plantings will not match the existing vegetation of grass and mesquite trees.

77 3A-7 The City Council has the power and authority to refuse any permit to drill any well at any particular location with the city limits, based on any of the following findings: 1. It is determined that drilling at a particular location would have a detrimental effect on the character and value of the improvements. 2. It is determined that drilling at a particular location would constitute a hazard to residences, commercial activities, schools, hospitals, parks, or civic purposes existing in the area surrounding the proposed drill site. 3. It is determined that drilling at a particular location would be detrimental to the public health, safety, morals or general welfare of the city. Board/Citizen Input: Public Notice. Notice of the public hearing was published in the Burleson Star. Staff has mailed notices to all property owners within 1,000 feet of the proposed drill site. There may be interested parties that speak at the required public hearing. Public Meeting. As the wellhead locations are within 1000 feet of residential lots, the operator was required to hold a public meeting with the surrounding property owners. A meeting was held on November 12, There were six (6) attendees at the meeting. A representative from the City also attended. There were some complaints about noise from the construction equipment constructing the pad site and concrete drive. There were also concerns raised about air quality, vibrations and earthquakes. Financial Considerations: There is no expenditure of municipal funds associated with this item.

78 3A-8 Attachments: 1. Location Map 2. Approved Well Locations (HOG A1H, A4H, B1H and Unicorn 1H) 3. Setback and Distances for HOG B3H 4. Buffers for Proposed Variance for Future Wells 5. GWRC Permit Conditions, if approved 6. Letter from Chesapeake Variance Request HOG B3H 7. Letter from Chesapeake Variance Request for Future Wells 8. Transportation Route 9. Setback Distance Waiver Letters Aaron s Rents Staff Contact: Laura E. Melton, P.E., Civil Engineer lmelton@burlesontx.com

79 Attachment 1: Location Map 3A-9

80 3A-10 Attachment 2: Approved Well Locations: HOG A1H, A4H, B1H and Unicorn 1H Aaron Rents 724 Jett Express Car Wash 801 Distance Waiver Letters provided H Distance Waiver Letter required

81 Attachment 3: Setback and Distances from HOG B3H 3A Setback for HOG B3H 500 Setback for HOG A1H A4H, B1H & Unicorn 1H 724 Aaron Rents has now provided a waiver Distance Waiver Letter required 801 Distance Waiver Letters provided

82 3A-12 Attachment 4: Buffer for 724 Ash Street for Proposed Variance for Future Wellheads Wellheads in this area would be covered by future wells variance and could be approved through Gas Well Review Committee with Council Review process Wellheads in this area would require a public hearing and new variance

83 3A-13 Attachment 5: GWRC Permit Conditions, if approved. 24 wide concrete drives have been constructed Sound walls required all sides

84 Attachment 6: Variance Request Letter HOG B 3H 3A-14

85 Attachment 7: Variance Request Letter FUTURE WELLS 3A-15

86 3A-16

87 Attachment 8: Transportation Route 3A-17

88 Attachment 9: Waiver Letter from Aaron Rents 3A-18

89 Memorandum 4A -1 To: From: Honorable Mayor Shetter and members of the Burleson City Council City Manager s Office Date: Subject: Ordinances & Resolutions and Other Related Items. Council Action Requested: Background Information: No items at this meeting. Board/Citizen Input: Financial Considerations: Attachments: Staff Contact: City Manager s Office City Secretary s Office

90 Memorandum 5A -1 To: From: Honorable Mayor Shetter and members of the Burleson City Council City Manager s Office Date: Subject: Contracts & Agreements and Other Related Items. Council Action Requested: Background Information: No items at this meeting. Board/Citizen Input: Financial Considerations: Attachments: Staff Contact: City Manager s Office City Secretary s Office

91 6A - 1 Memorandum To: From: Honorable Mayor Shetter and members of the Burleson City Council Shai Roos, AICP Director of Community Development Date: Subject: Preliminary plat of Lots 2, 4, 5, and 6, Block 1 of Burleson Crossing, located at southeast corner of IH 35W and East Renfro Street. (Case ) Council Action Requested: Approve or deny a request for preliminary plat of Lots 2, 4, 5, and 6, Block 1 of Burleson Crossing, located at southeast corner of IH 35W and E. Renfro Street. (Case ) Background Information: Planning and Zoning Commission meeting date: September 15, 2009 Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of the preliminary plat by a 3 2 vote at its September 15, 2009 meeting. Applicant and Owner: Stephen Eisner of Village Creek Equities LTD Area: acre tract Location: Southeast corner of IH-35W and E Renfro Street; : This Tract 28E is under David Anderson Survey Abstract 4; and : Is within IH-35 overlay Special Plan Area 1 (Spinks) that designates this area for commercial purposes in the future. Existing Condition of the property: The property is currently undeveloped and zoned Commercial C, in an area dominated with intensive commercial and industrial development. It is surrounded by mostly undeveloped land. The properties north of Renfro are zoned Commercial C and properties to the south are zoned Industrial I.

92 6A - 2 IH-35W right-of-way is abutting the property to the west. Properties across IH-35W are also mostly zoned Commercial C. Request: The applicant is requesting preliminary platting for the entire tract, subdividing it into 4 lots (Lots 2, 4, 5, and 6). The applicant has also submitted a zoning change request for this property, requesting the zoning be changed to Planned Development PD. The City Council approved the zoning change request by a unanimous vote at the October 19, 2009 meeting. A final reading authorizing the zone change will occur on. The purpose of the zone change request is to allow flexibility, stipulate more restrictive design standards to assure quality horizontal mixed use development. Reason for the Request: The applicant is proposing to develop this property with a horizontal mixed use development with multi-family and commercial components. Lot 2 will have the proposed multi-family development; Lot 4 & 5 will have commercial development. More Details of the Proposal: A significant portion of the eastern boundary is included in the 100 year flood plain and flood-way. This portion, indicated as Lot 6, will be dedicated to the City of Burleson Parks and Recreation Department during the final platting process. Specific requirements related to trail construction in the parkland dedication area and design standards for the trail are stipulated in the Planned Development (PD) ordinance as negotiated between the developer and the Parks and Recreation Department. Development in this area is required to be reviewed for compliance with the Fort Worth Spinks Airport height restriction zone. The applicant has provided letter from airport authority stating that the applicant will be required to file a Notice of Proposed Construction with the Federal Aviation Administration (FAA) prior to receiving a building permit (Attachment 6).

93 6A - 3 Development Information: Access: As demonstrated in the Access Management Diagram (Attachment 5), the site will be served by two access points, both of which provide left and right turn ingress/egress from/to E. Renfro. The main access will align with the future Stone Road to the north. An additional western egress only will allow for access to the IH-35W service road from the apartment complex. Additionally, there are two shared access easements to promote internal site connectivity to the existing and future commercial uses. The developer submitted a traffic impact analysis (TIA) for this site. The TIA shows that a signal is not warranted by this development alone. An escrow agreement with the developer will be executed for the installation of the fourth leg of a future traffic signal. The traffic impact analysis showed that a deceleration lane is required for the main entrance. A TIA is currently being prepared for the Stone Road extension. It has not yet been determined whether a signal will be installed with the construction of Stone Road. The exit-only driveway to the IH-35W service road does not meet the TXDOT minimum spacing requirements. The developer has stated that this approach has been discussed with TXDOT and that they will allow it. The developer has stated that if this approach location is not approved by TXDOT, it will be shifted to the south to meet the spacing criteria. The shift will have negligible effect on the layout of the site and the approved location will be shown on the final plat. They are requesting exit-only due to the apartment use. All driveways serving the site must be coordinated with and permitted by TXDOT. Drainage: Most of this site is covered by floodplain and there is floodway covering most of Lot 6. A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA for the reclamation of the floodplain so that it will be contained generally within Lot 6. A Letter of Map Revision (LOMR) for the fill that has already been placed on the site has been received. The developer will be required to submit a LOMR for the final grading of the site. This will remove most of the site from the floodplain, thereby allowing the development of the site. A shared storm water detention pond, if needed, is proposed on Lot 5. Detailed flood studies and detention analysis will be reviewed prior to the

94 6A - 4 approval of the final plat. It is possible that the detention pond will be removed due to the site s proximity to the creek. The flood study will determine if the pond is needed and its characteristics. Utilities: Water and sewer service will be provided by the City of Burleson. The preliminary plat conforms to the requirements of the Subdivision Regulations and other City of Burleson development ordinances. Board/Citizen Input: Newspaper Notice: published in the Burleson Star on Sunday, August 30, Notices mailed to properties within 200 feet: mailed to 13 property owners on Friday, August 28, Board Input: The Planning and Zoning Commission recommended approval of the preliminary plat by a 3 2 vote at its September 15, 2009 meeting. Financial Considerations: There is no expenditure of municipal funds associated with this item. Attachments: 1. Location Map 2. Zoning Map 3. IH-35 Overlay Special Plan Area Map 4. Preliminary Plat 5. Access Management Diagram 6. Letter from Spinks Airport authority Staff Contact: Surupa Sen, Senior Planner ssen@burlesontx.com

95 Attachment 1 Location Map 6A - 5

96 Attachment 2 Zoning Map 6A - 6

97 Attachment 3 IH-35 Overlay Special Plan Area map 6A - 7

98 Attachment 4 Preliminary Plat 6A - 8

99 Attachment 5 Access Management Diagram 6A - 9