ORDER NO. ..5734 AP'P'ROVAL OF SAFETY ~:ONCERN AT THE CORNER OF HIGHWAY 7 ANd FIERFIANN SONS ROAD On this the 5th day of Jan~_iary 19~`3y ~_ipon motion made by Commissioner Lets, seconded by Commissioner Baldwin, the Co~_irt unanimously approved by a vote of 4-0-0, onr.e Co~_inty Right of Way i:, define, the Co~_irt directs Road and Bridge depar°tment to p~_it ~.~p g~_~ardrail along Hermann Sans Road at F:ing Sal.vac~e. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURMSH ONE ORIGINAL AND FIVE COPIES OF THIS RE VEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jonathan Letz OFFICE: Commissioners' Court MEETING DATE: January 2 , 999 TIlVIE PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss safety concerns at the corner of Highway 27 and Herman Sons Road (Kings Surplus). EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Commissioner Pct. #3 Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be apprepiated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court, Court Order No. 25722. 5:00 P.M. previous Tuesday. Thea From: Jonathan Letz To: Thea Cc: Truby Subject: agenda back up Date: Tuesday, January 19, 1999 7:33 AM C/D Encroachment info ROW by King Salvage Hermann Sons Road at Hwy 27. Back up: King Salvage is a junk yard loaded at the comer of Hwy 27 and Hermann Sons Road. This business was "grandfathered" before our current rules and regulations concerning junk yard regulations. Therefore, the business is not fenced and as a result debris continually is located on the edge of Hermann Sons Road, in the county ROW. This situation is and has been causing a safety concern. This past fall we placed no parking signs along the road, but this had no effect keeping the debris out of the ROW. I believe we have several options to address this safety concern: a. Pass a court order specifically directing King Salvage to keep the ROW clear. b. Put a fence along the ROW, at county expense, to define the ROW. Note this is not a deeded ROW. Page 1 -~- i~ -ys RERR COUNTY OUTDOOR BUSINE88 CODE WHEREAS, Chapter 238 has been added to the Local Government Code allowing the regulation of certain outdoor businesses; and, WHEREAS, the Commissioners Court of Kerr County, Texas, feels that it is in the best interest of the citizens of Kerr County to adopt an order in accordance with said Chapter 238; IT IS, THEREFORE, ORDERED that the Kerr County Outdoor Business Code is enacted and adopted as follows: Section I. DEFINITIONB As used in this order: 1. "Automotive wrecking and salvage yard" means a business that stores three or more wrecked vehicles outdoors for the purpose of dismantling or otherwise wrecking the vehicles to remove parts for sale or for use in an automotive repair or rebuilding business. 2. "Demolition business" means a business that demolishes structures, including houses and other buildings, in order to salvage building materials and that stores those materials before disposing of them. 3. "Flea market" means an outdoor market for selling secondhand articles or antiques. 4. "Junkyard" means a business that stores, buys, or sells materials that have been discarded or sold at a nominal price by a previous owner and that keeps all or part of the materials outdoors until disposing of them. 5. "Outdoor resale business" means a business that sells used merchandise, other than automobiles, logging equipment, or other agricultural equipment, and stores or displays the merchandise outdoors. 6. "Recycling business" means a business that is primarily engaged in: ~ a. converting ferrous or non-ferrous metals or other materials into raw-material products having prepared grades and having an existing or potential economic value; b. using raw-material products of that kind in the production of new products; or Outdoor Business Code Passed by Kerr Cowity Comnissioners~ Court 7/18/95 Page 2 of 5 c. obtaining or storing ferrous or non-ferrous metals or other materials for a,purpose described in paragraph 6a or 6b. I 7. "Person" means an individual, corporation, or association. 8. "Solid", as used in reference to a fence, wall, door, or gate, means constructed and maintained so that the outer surface is continuous and without interstices, gaps, spaces, or holes. For the purpose of this order, a properly constructed and maintained chain-link fence with strips or slats is a solid fence. 9. "Public road" means the entire width between. property lines of a road, street, way, thoroughfare, bridge, public beach, or park in this state, not privately owned or controlled, if any part of the road, street, way, thoroughfare, bridge, public beach, or park is opened to the public for vehicular traffic, is used as a public recreational area, or is under the state's legislative jurisdiction through its police power. 10. "Arecked vehicle" means a discarded, abandoned, junked, wrecked, or worn-out automotive vehicle, including an automobile, truck, tractor-trailer, or bus, that is not in a condition to be lawfully operated on a public road. Section 2. VISUAL AESTHETIC BTANDARDB The following standards are established for visual aesthetics: Section 2.1 Screening Requirement: a. A person who operates an outdoor business shall screen it by natural objects, plantings, fences, or other appropriate means so that the screen is at least eight feet in height alongside that portion of the outdoor business that faces a public road or family residence so that it is not visible from said public road or family residence. b. Any side of the business that extends generally parallel to and within 100 feet of any public road right-of- way shall be bounded by a solid fence or wall at least eight feet in height. Outdoor Business Code Passed by Kerr County Conmissioners~ Court 7/18/95 Page 3 of 5 Section 2.1.1 Construction, maintenance of fence or wall: a. A fence or wall required by this order shall be constructed and maintained as follows: 1. All fences shall be constructed of wood, masonry, corrugated sheet metal, chain link, or any combination, but any one side of an outdoor business may be bounded by a fence or wall constructed of only one of those materials. 2. Chain link fences shall be constructed of galvanized chain link fencing with wood or metal slats or strips run through all links of the chain link fence. 3. All fences or walls shall extend downward to within three inches of the ground and shall test plumb and square at all times. The fence must be painted a natural earthtone color and may not have any signs appearing on its surface, other than signage indicating the business name, which sign shall not exceed 4~ x 8~ in size. b. Any part of a fence or wall required by this order may consist in whole or part of a solid wall and door, or walls and doors of any completely enclosed buildings or premises, if the wall or door meets all construction requirements set forth in this order. c. Openings as defined in paragraph (b), or other openings in fences or walls that are necessary to permit reasonable access to an outdoor business shall be equipped with a solid gate constructed and maintained in accordance with the requirements for a fence or wall set forth in this order. The gates shall be closed and securely locked at all times except during normal daytime business hours. Section 2.2 Location a. An outdoor business established after the effective date of this order may not be established within 300 feet of an existing church, school or residence, measured from the wall of the structure that is closest to the outdoor business to the fence or wall of the yard required under Section 2.1 unless both the residence and the outdoor business are owned by the same person. b. Outdoor business screening other than a junkyard or automotive wrecking and salvage yard used exclusively for farm Outdoor Business Code Passed by Kerr County Commissioners Court 7/18/95 Paye 4 of 5 equipment, may not be located within 50 feet of the right-of- way of a public or state highway or residence. Section 2.3 Materials and Oss of Premises a. Materials associated with an outdoor business may not be allowed to accumulate or be stacked to a height above eight feet from ground level. b. All materials from or associated with an outdoor business shall not be displayed, stored, or worked upon outside or above the screening requirements of this Order. Section 3. EBCEPTIONs This Order does not apply to the following: a. farm machinery owned or operated by the person on whose property that machinery is located and kept on that property for purposes other than sale; b. An outdoor business subject to a screening requirement under Tex. Rev. Cfv. Stat. Ann. art. 2372dd (County population 2 million or more), art. 2372dd-1 (County population less than 2 million), or art.4477-9a (junkyard or automobile graveyard near a highway or interstate) that was in compliance with that screening requirement on August 26, 1991, is exempt from a screening requirement adopted under this order; c. Operable construction equipment, provided, however, that businesses selling such equipment may not display merchandise other than operable construction equipment in a manner that would otherwise violate this Order; or d. A junkyard or an automotive wrecking yard that began operation before June 1, 1987. Section 4. CIVIL PENALTY a. The County Attorney or any appropriate attorney representing the county in civil cases may file a civil action to recover a civil penalty from an outdoor business that violates a visual aesthetic standard established under this order. The penalty may not exceed $50.00 each day for the first ten days of violation, $100.00 each day for the next ten days, $250.00 for the next ten days, and $1,000.00 for each Outdoor Business Code Passed by Kerr County Cortmissioners' Court T/18/95 Pape 5 of 5 day thereafter. In determining the amount of the penalty, the court shall consider the seriousness of the violation. b. A penalty recovered under this section shall be deposited in the general fund of the county. Section 5. AUTHORITY TO RE(iIILATE a. This Order applies to outdoor businesses both existing and future in the unincorporated area of Kerr County, Texas. b. A time period of 6 months from the adoption date of this order is provided to an existing outdoor business to comply with the visual aesthetic standards. c. The effective date and adoption date are the same.