10.21.2010 PZ PacketAGENDA
PLANNING & ZONING COMMISSION
OCTOBER 21, 2010
KENNEDALE MUNICIPAL BUILDING — 405 MUNICIPAL DR.
COUNCIL CHAMBERS
WORK SESSION - 6:00 PM
REGULAR MEETING — 7:00 P.M.
CALL TO ORDER
ROLL CALL
I. WORK SESSION, 6:00
A. Sandwich Board Signs
B. Maintenance Bonds for Subdivisions
C. Regulations Concerning Sales of Alcohol / Alcoholic Beverages
D. Form -based Codes
E. Comprehensive Land Use Plan Update
F. List of Items for Future Consideration
a. Green / Environmental Regulations
b. Bowman Springs
C. Incompatible Zoning Districts / Properties
d. Storm Water Ordinances and Creek Ordinances
e. Salvage Yard Ordinance
f. Overlay Zoning District
g. Outside storage regulations
REGULAR MEETING, 7:00 P.M.
II. VISITORS /CITIZENS FORUM
At this time, any person with business before the Planning and Zoning Commission not scheduled on the
Agenda may speak to the Commission, provided that a "Speaker's Request Form" has been completed
and submitted to the Planning and Zoning Commission Secretary prior to the start of the meeting. All
comments must be directed towards the Chair, rather than individual P & Z members or staff. All
speakers must limit their comments to the subject matter as listed on the "Speaker's Request Form." No
formal action can be taken on these items.
III. CASE PZ 10 -11 to receive comments and consider action to amend Chapter 17, Article
VII of the Kennedale city code by revising regulations governing sandwich board signs.
A.
Staff Presentation
B.
Applicant Presentation
C.
Public Hearing
D.
Applicant Response
E.
Staff Response and Summary
F.
Action on Agenda Item III
Page 1 of 2
IV. CASE PZ 10 -12 to receive comments and consider action to amend Chapter 17, Article V of
the Kennedale city code by revising regulations governing maintenance bonds and
subdivision guarantees.
A.
Staff Presentation
B.
Applicant Presentation
C.
Public Hearing
D.
Applicant Response
E.
Staff Response and Summary
F.
Action on Agenda Item IV
V. CASE PZ 10 -13 to receive comments and consider action to amend Chapter 17 of the
Kennedale city code by adding regulations governing the sale of alcohol and alcoholic beverages.
A.
Staff Presentation
B.
Applicant Presentation
C.
Public Hearing
D.
Applicant Response
E.
Staff Response and Summary
F.
Action on Agenda Item V
VI. MINUTES
Approval of minutes from the September 2010 Planning & Zoning Commission meeting
VII. STAFF REPORTS
Update on city projects
VIII. ADJOURNMENT
Page 2 of 2
NOTICE OF MEETING
KENNEDALE PLANNING & ZONING COMMISSION
KENNEDALE, TEXAS
Notice is hereby given that a Work Session will be held by the Planning &
Zoning Commission of the City of Kennedale, Texas at 6:00 P.M., and a
Regular Meeting and Public Hearing will be held at 7:00 P.M., on the 21 day of
October 2010, at 405 Municipal Drive, (Kennedale Municipal Building)
Kennedale, Texas, at which time the following subjects will be discussed to wit:
AGENDA
(SEE ATTACHED AGENDA)
Dated this the day of October 2010.
By: David Hunn, Chairman
I, the undersigned authority, do hereby certify that the above Notice of
Meeting for the Planning & Zoning Commission of the City of Kennedale, Texas
is a true and correct copy of said Notice and that I posted a true and correct copy
of said Notice on the bulletin board of City Hall of said City in Kennedale, Texas,
a place convenient and readily accessible to the general public at all times, and
said Notice was posted on October , 2010 by 5:00 o'clock P.M. and
remained so posted continuously for at least 72 hours preceding the scheduled
time of said Meeting.
Persons with disabilities who plan to attend this meeting and who may
need auxiliary aids or services such as interpreters for persons who are deaf or
hearing impaired, readers, large print, are requested to contact the undersigned
at (817) 985 -2135 five (5) work days prior to the meeting so that appropriate
arrangements can be made.
Dated this the day of October 2010.
By: Rachel Roberts
Rachel Roberts
Planner
Staff Report
to the Members of the Planning & Zoning Commission
Date:
September 29, 2010
Work Session Agenda Item No: I -A
Subject: Sandwich Board Signs
Originated by: Rachel Roberts, Planner
This item is on the work session agenda to provide the commission the
opportunity to discuss this item prior to the public hearing. No action may be
taken on the public hearing during the work session.
Staff Repoli
to the Members of the Planning & Zoning Commission
Date:
September 29, 2010
Work Session Agenda Item No: I -B
Subject: Subdivision Maintenance Bonds
Originated by: Rachel Roberts, Planner
This item is on the work session agenda to provide the commission the
opportunity to discuss this item prior to the public hearing. No action may be
taken on the public hearing during the work session.
Staff Report
to the Members of the Planning & Zoning Commission
Date:
September 29, 2010
Work Session Agenda Item No: I -C
Subject: Regulations Concerning Sales of Alcohol and Alcoholic Beverages
Originated by: Rachel Roberts, Planner
This item is on the work session agenda to provide the commission the
opportunity to discuss this item prior to the public hearing. No action may be
taken on the public hearing during the work session.
The city will be holding an election in November to decide whether to allow
sales of alcoholic beverages in Kennedale. The city should have an ordinance in
place in case the voters decide in favor of allowing alcohol sales. State law
grants cities only limited authority to regulate such sales. For example, cities
may require businesses selling alcohol to be located 300 feet from schools.
Cities may also limit in which zoning districts alcohol sales may occur, but cities
are not granted full discretion in this matter.
The proposed amendments to the city code are included with the staff
report for the public hearing agenda item on regulations governing sales of
alcohol.
Staff Report
to the Members of the Planning & Zoning Commission
Date:
September 29, 2010
Regular Meeting/Public Hearing I -D
Item No:
Subject: Form -Based Codes
Originated by: Rachel Roberts, Planner
The city is searching for someone who can provide training in form -based
codes. If we have found a good option by the meeting on Oct. 21, we will bring
that information to you then.
Staff Report
to the Members of the Planning & Zoning Commission
Date:
October 9, 2010
Work Session Agenda Item No: I -E
Subject: Comprehensive Plan update
Originated by: Rachel Roberts, Planner
We have not yet heard when the recipients for the HUD sustainable
communities grant will be released (this is the grant program we hope will help
fund part of our comprehensive plan update). Over 700 grant proposals were
submitted for the sustainable communities grant, so we have a lot of competition,
but we're still optimistic at this point.
Staff Report
To the Members of the Planning and Zoning Commission
Date: I October 9, 2010
Work Session Agenda Item No: I -F
Subject: List of Items for Future Consideration
Originated by: Rachel Roberts, Planner
The intent of this Agenda Item is to maintain a working and ongoing list of items that
staff and the Commission need to address. Items on this list will be placed on the agenda to
be considered individually as the Commission's schedule permits.
a. Green /Environmental Regulations
b. Bowman Springs
c. Incompatible Zoning Districts /Properties
d. Storm Water Ordinances and Creek Ordinances
e. Salvage Yard Ordinance
f. Overlay Zoning District
1
Staff Report
to the Members of the Planning & Zoning Commission
Date: September 28, 2010
Regular Meeting /Public Hearing III
Agenda Item No:
Subject: Sandwich Board Signs
Originated by: Rachel Roberts, Planner
Issue Summary Sandwich board signs are permitted by city code
and do not require a permit. Standards for such signs are
described in the code. City staff have noticed that certain
businesses using sandwich boards have been in violation of the
sign ordinance on a daily basis. Staff and the commission believe
that amending the sign ordinance to clarify regulations governing
sandwich board signs may reduce violations.
In the time since Kennedale adopted its sign ordinance in 2008, city staff
have noticed continual violations of the sections of the ordinance governing
sandwich boards. Although this problem is more an enforcement issue than a
zoning issue, staff and commission members were concerned that the ordinance
needed to be revised so that the standards governing sandwich board signs
would be clearer —both to staff and to businesses using this kind of sign. We
believe that clarifying the ordinance might reduce code violations.
The commission asked staff to draft recommended changes to the sign
ordinance, and the recommendations were discussed during the August and
September meetings. The commission voted informally (work session item; no
formal action was taken) on the proposed changes and asked staff to schedule a
public hearing on the amendments. For your reference, a summary of the
changes is provided below.
If passed, the revisions will do the following:
• Add language about what kind of materials may be used for the sign
• Specify that only one sandwich board sign may be used per tenant
• Clarify that digital signs are not permitted
A copy of the proposed amendments are included with this staff report.
•RT9 ►.►
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, AMENDING
SECTION 17 -514 "PROHIBITED SIGNS," AND SECTION 17 -516 "LIMITED
EXEMPTIONS," OF ARTICLE 6 "ZONING' OF CHAPTER 17 "PLANNING AND
LAND DEVELOPMENT" OF THE KENNEDALE CITY CODE OF ORDINANCES
(1991), AS AMENDED, BY AMENDING REGULATIONS REGARDING
SANDWICH BOARD SIGNS; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas (City) is a
home rule city acting under its charter adopted by the electorate pursuant
to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, the City has previously adopted
regulations governing signs in order to promote safety, protect the character and
stability of residential, commercial, and industrial areas, to conserve the value of
land, buildings, and neighborhoods, and to enhance the aesthetic and visual
image of the City; and
WHEREAS, in order to promote the public health,
safety and general welfare the City Council desires to adopt the proposed
amendments to its sign regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT:
SECTION 1.
Section 17 -514 of the Kennedale city code is hereby amended as follows:
Sec. 17 -514. - Prohibited signs.
In addition to signs not specifically described or allowed in this article the following
signs are specifically prohibited.
(7) Portable signs, with the exception of sandwich board signs which comply with the
regulations set forth in section 17 -516.
(a.) Digital sandwich board signs are prohibited.
(b.) Signs with swinging frames, permanent vinyl lettering or numbering or
reader boards with tracks for changeable letters and numbers, or three
dimensional letters and numbers are prohibited.
SECTION 2.
Section 17 -516 of the Kennedale city code is hereby amended as follows:
Sec. 17 -516. - Limited exemptions.
Type of Sign
Sign Standards
Number of Signs
Other Standards
Sandwich board sign
Ground Sign permitted
One (1) per l-as€
Sign shall be removed every
only on property behind
space tenant
day after the business is
ROW line. Maximum of
closed. Sign shall be
four (4) feet in height
anchored in some means to
Maximum sign area is
prevent displacement in high
eight (8) square feet
winds. A minimum of four
(4) feet of sidewalk shall
Signs must have an A-
remain clear. Chalkboards
frame constructed with
may be used for daily
chalkboard, marker
changing of messages. No
board, or dry-erase
reader boards may be used.
inserts. Frames must be
of weather - resistant
Signs are prohibited in the
material and must be
public right -of -way an in
SECTION 4.
PENALTY FOR VIOLATION
Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this
Ordinance shall be fined no more than Two Thousand Dollars ($2,000.00) for all
violations involving zoning and Five Hundred Dollars ($500.00) for all other offenses,
and in addition shall pay all costs and expenses involved in the case. Each day a
violation occurs is a separate offense. Nothing herein contained shall prevent the
City from taking such other lawful action as is necessary to prevent or remedy any
violation.
SECTION 4.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of all existing ordinances
and of the Kennedale City Code (1991), as amended, including but not limited to all
maintained. Digital signs
=parking spaces and must be
_
are prohibited.
Signs shall not be
placed on private property.
Signs shall not obstruct
traffic visibility and shall not
illuminated.
Signs with swinging
interfere with pedestrian
ingress or egress as required
by the Building Code.
frames, permanent vinyl
lettering or numbering, or
reader boards with tracks
for changeable letters and
numbers, or three
dimensional letters and
numbers are not
permitted.
SECTION 4.
PENALTY FOR VIOLATION
Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this
Ordinance shall be fined no more than Two Thousand Dollars ($2,000.00) for all
violations involving zoning and Five Hundred Dollars ($500.00) for all other offenses,
and in addition shall pay all costs and expenses involved in the case. Each day a
violation occurs is a separate offense. Nothing herein contained shall prevent the
City from taking such other lawful action as is necessary to prevent or remedy any
violation.
SECTION 4.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of all existing ordinances
and of the Kennedale City Code (1991), as amended, including but not limited to all
ordinances of the City of Kennedale affecting fencing and screening, and shall not
repeal any of the provisions of such ordinances except in those instances where
provisions of such ordinances are in direct conflict with the provisions of this
ordinance.
SECTION 5.
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 6.
SAVINGS CLAUSE
All rights and remedies of the City of Kennedale are expressly saved as to
any and all violations of the provisions of the Kennedale City Code (1991), as
amended, or any other ordinances regarding fencing and screening that have
accrued at the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court
i
or not, under such ordinances, same shall not be affected by this Ordinance but may
be prosecuted until final disposition by the courts.
SECTION 7.
PUBLICATION
The City Secretary of the City of Kennedale is hereby directed to publish the
caption penalty clause, publication clause and effective date clause of this
Ordinance in every issue of the official newspaper of the City of Kennedale for two
days or one issue of the newspaper if the official newspaper is a weekly newspaper
as authorized by Section 3.10 of the City of Kennedale Charter.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
Staff Report
to the Members of the Planning & Zoning Commission
Date: I September 29, 2010
Regular Meeting /Public Hearing IV
Item No:
Subject: Subdivision Maintenance Bonds
Originated by: Rachel Roberts, Planner
Issue Summary In Kennedale, subdivisions sometimes take years
to be developed, and it may therefore be long after the developer
has been cleared of responsibility for improvements that problems
with public improvements —due, for example, to poor workmanship
or use of inferior materials —are discovered. The commission
asked staff to research how to require developers to be more
responsible about the improvements they construct. Staff believes
the proposed amendments to the city's maintenance bond
requirements could ensure that developments are made to the
city's standards.
The City wants to ensure that subdivisions are completed as planned, in a
timely and safe manner, and there is concern that the maintenance bond
regulations in place may not be adequate to serve this purpose.
The City of Kennedale requires a city - developer agreement and requires
performance bonds, maintenance bonds, and payment bonds. Performance
bonds are intended to cover the cost of the improvements to be constructed or,
alternatively. Payment bonds are intended to cover the cost of any contracts
between the developer and its contractors. Maintenance bonds are intended to
insure the repair and replacement of all defects due to faulty materials or
workmanship that occur within a period of two (2) years from the date of
acceptance of the improvements by the city.
The Commission and staff believe that amending the maintenance bond
requirement will allow a greater guarantee that subdivision improvements will be
made to the standard of quality expected by the city.
Our current maintenance bond requirements have the following timeline:
❑ the developer secures a public works construction permit;
❑ the developer constructs the improvements;
❑ the city inspects the improvements during construction;
❑ if approved, a 2 -year maintenance bond is secured by the developer,
improvements are accepted, and building permits may be issued.
The Planning & Zoning Commission asked staff to draft changes to the
subdivision regulations that would allow for extensions of the maintenance bond
and would provide a build -out requirement. Staff proposed amendments to the
subdivision regulations during the commission's September meeting, and the
commission asked staff to bring those amendments forward to a public hearing
for consideration and possible action by the commission.
The proposed amendments are included with this staff report. Please let
us know if you have any questions about the amendments.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, AMENDING SECTIONS
17 -248 "CITY- DEVELOPER AGREEMENTS," 17 -250 "MAINTENANCE BOND
REQUIREMENTS," AND 17 -251 "PUBLIC WORKS CONSTRUCTION PERMIT
REQUIRED" OF ARTICLE 5 "SUBDIVISION REGULATIONS" OF CHAPTER 17
"PLANNING AND LAND DEVELOPMENT" OF THE KENNEDALE CITY CODE OF
ORDINANCES (1991), AS AMENDED, BY AMENDING REGULATIONS REGARDING
MAINTENANCE BONDS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas (City) is a home
rule city acting under its charter adopted by the electorate pursuant to Article XI,
Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code;
and
WHEREAS, the City has previously adopted regulations
governing maintenance bonds in order to promote safety, protect the character and
stability of residential, commercial, and industrial areas, to conserve the value of land,
buildings, and neighborhoods, and to enhance the aesthetic and visual image of the
City; and
WHEREAS, in order to promote the public health, safety
and general welfare the City Council desires to adopt the proposed amendments
to its subdivision regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT:
SECTION 1.
Section 17 -248 of the Kennedale city code is hereby amended as follows:
Sec. 17 -248. - City - developer agreements.
(c) Bonds; escrow agreement.
(3) Maintenance bond. Prior to acceptance by the city of any improvements, a
maintenance bond will be furnished in an amount equal to the cost of the construction
of any public improvements (and /or private improvements being constructed in lieu
thereof) insuring the repair and replacement of all defects due to faulty materials or
workmanship that occur within a period of two (2) years from the date of acceptance of
the improvements by the city. At the end of this period, maintenance bonds may be
renewed in the event that construction, materials, or workmanship are deemed
substandard or if a certain percentage of lots have not yet been built upon. (Refer to
Section 17.250.)
SECTION 2.
Section 17 -250 of the Kennedale city code is hereby amended as follows:
Sec. 17 -250. Maintenance bond requirements.
The developer's contractor shall be required to file a maintenance bond with the
director of development and enforcement, prior to beginning construction by the city, in
an amount and form satisfactory to the public works director, in order to assure the
satisfactory condition of the required improvements for a period of two (2) years after
the date of their acceptance by the city.
(1) Extension of maintenance bond requirement. At the end of the two -year period,
the City will inspect the improvements and the maintenance bond shall be extended if:
a. the lots are not fifty (50) percent built or,
b. construction materials or workmanship of the improvements is deemed
unacceptable by the public works director
A maintenance bond may be extended if the lots are not seventy (70) percent built, as
determined by the director of public works. A maintenance bond may be renewed for an
additional two (2) years until all improvements are deemed acceptable by the City or until
the minimum build -out requirement is met.
(2) Reduction in maintenance bond coverage. At the discretion of the public works
director, the amount of coverage for maintenance bonds may be reduced based on the
percentage of lots built at the end of the initial two (2) year period. The maintenance bond
may be reduced to an amount equal to fifty (50) percent of the cost of the construction of
any public improvements (and /or private improvements being constructed in lieu thereof) if
more than fifty (50) percent of the lots are built after the initial two (2) year period covered
by the maintenance bond. If, after the first extension the minimum build -out requirement is
not vet met the maintenance bond may be renewed on an annual basis not exceeding an
additional two (2) years.
(3) Definitions. For the purposes of this section a lot shall be considered "built" if the
required public improvements have been made and accepted by the city and if a permanent,
primary structure has permitted constructed and passed a final inspection to city standards.
MXA Il [elm
Section 17 -251 of the Kennedale city code is hereby amended as follows:
Sec. 17 -251. - Public works construction permit required.
Construction shall not start on any street, sidewalk, drainage, utility or public
improvement until a public works construction permit and an acceptable two -year
maintenance bond has been issued for all facilities in the subdivision or the approved
phase of the said subdivision. (Provisions regarding maintenance bonds requirements
are set forth in Section 17.250.)
PENALTY FOR VIOLATION
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this Ordinance shall
be fined no more than Two Thousand Dollars ($2,000.00) for all violations involving zoning
and Five Hundred Dollars ($500.00) for all other offenses, and in addition shall pay all costs
and expenses involved in the case. Each day a violation occurs is a separate offense.
Nothing herein contained shall prevent the City from taking such other lawful action as is
necessary to prevent or remedy any violation.
SECTION 5.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of all existing ordinances and of
the Kennedale City Code (1991), as amended, including but not limited to all ordinances of
the City of Kennedale affecting fencing and screening, and shall not repeal any of the
provisions of such ordinances except in those instances where provisions of such
ordinances are in direct conflict with the provisions of this ordinance.
SECTION 6.
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 7.
SAVINGS CLAUSE
All rights and remedies of the City of Kennedale are expressly saved as to any and
all violations of the provisions of the Kennedale City Code (1991), as amended, or any
other ordinances regarding fencing and screening that have accrued at the time of the
effective date of this Ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall
not be affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 8.
PUBLICATION
The City Secretary of the City of Kennedale is hereby directed to publish the
caption penalty clause, publication clause and effective date clause of this Ordinance
in every issue of the official newspaper of the City of Kennedale for two days or one
issue of the newspaper if the official newspaper is a weekly newspaper as authorized
by Section 3.10 of the City of Kennedale Charter.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
Staff Report
to the Members of the Planning & Zoning Commission
Date:
October 4, 2010
Regular Meeting/Public Hearing I V
Item No:
Subject: Public Hearing to Consider An Ordinance Regulating Alcoholic
Beverages
Originated by: I Rachel Roberts, Planner
The proposed ordinance amendment included with this staff report was
drafted to be in accordance with the Texas Alcoholic Beverages Code. There
may be additional details to add to the amendments before the hearing at the city
council, pending changes suggested by our attorneys (they have not yet
reviewed the attached ordinance).
The ordinance amendment proposed for your consideration would allow
for alcohol sales in non - residential areas, and it establishes hours of operation
and a licensing /permitting process. It also restricts sales of alcohol within 300
feet of churches, schools, and public hospitals, using distance regulations
established by the state.
The ordinance amendment allows for public consumption at festivals, fair,
and events and allows for the operation of wineries.
We have not yet determined parking standards for certain uses, such as
wineries, and these will be added to the ordinance and distributed to you at or
prior to the public hearing on Oct. 21.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, ADOPTING
ARTICLE 11 "ALCOHOLIC BEVERAGES" OF CHAPTER 11 "LICENSES,
TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS" OF THE
KENNEDALE CITY CODE OF ORDINANCES (1991), AS AMENDED, BY
ADDING PROVISIONS REGARDING SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES; AMENDING SECTIONS 17 -421 AND 17 -431 OF
ARTICLE VI "ZONING" OF CHAPTER 17 "PLANNING AND DEVELOPMENT ";
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Kennedale, Texas (City) is a
home rule city acting under its charter adopted by the electorate pursuant
to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, in order to promote the public health,
safety and general welfare the City Council desires to adopt the proposed
amendments to its city code in order to add regulations governing the sale of
alcoholic beverages;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT:
SECTION 1.
The Kennedale city of code is hereby amended by adding to Chapter 11
Licenses, Taxation and Miscellaneous Business Regulations an article governing
alcoholic beverages, as follows:
Article XI. Alcoholic Beverages
Sec. 11 -269. State Law to Control.
Nothing in this chapter shall be construed or interpreted to conflict with the
V.T.C.A., Alcoholic Beverage Code. The provisions of this chapter shall be
subject to the limitations of such code and such code shall control. The municipal
court of Kennedale shall have jurisdiction of any offense under this chapter and
under state law only where the constitution and the general law of this state
confer such jurisdiction thereon.
Sec. 11 -270. Permit required.
(a) Application for permit or license -- Content.
Any person applying for a permit or license issued by authority of the Texas
Alcoholic Beverage Code, or a renewal of such permit or license or to change the
location of the place of business designated in such permit or license, shall
deliver to the city secretary, for filing, one copy of the appropriate forms
prescribed by the Texas Alcoholic Beverage Commission, together with scale
drawings showing the proposed location of applicant's business in relation to
streets, property lines, the nearest church, public or private school or public
hospital. The officials with primary responsibilities for enforcing the zoning,
building and health laws shall determine the use district in which such business is
located, the distance to the nearest church, public or private school, or public
hospital and any deficiencies in the building proposed or planned for use. Such
person applying for a permit or license shall also provide a statement of his name,
current address, addresses for the previous ten years, age, all other city permits
or licenses held and the names and addresses of all persons with an interest in
such business, which statement shall include an affidavit that the information
given is true and correct. The applicant shall give permission for his fingerprints,
photo, height, weight, coloring, and other description to be obtained by the police
department.
Sec. 11 -271. Investigation of applicant.
The city secretary shall direct the applicant to deliver such information to the
police department, which shall cause an investigation to be made as to the
applicant's reputation as well as those of his business associates and also as to
the applicant's criminal record, if any. On completion, the police department shall
forward such application and information together with the investigative findings
to the city secretary's office.
Sec. 11 -272. Objections to issuance of license or permit.
If such use is permitted by local and state law, the city secretary shall certify on
the application that the sale of alcoholic beverages, as applied for, is or is not
prohibited at the location of the applicant's place of business. If from the city
secretary's examination, it appears that the applicant is disqualified, or that the
applicant's place of business is inadequate, unsafe, unsanitary or does not
comply with the terms of this chapter and the Texas Alcoholic Beverage Code, or
that any lawful reason exists why the permit or license should not be issued, it
shall be the duty of a representative of the city to file objections to the issuance of
the permit or license with the Texas Alcoholic Beverage Commission or with the
county judge.
Sec. 11 -273. Fees.
There is hereby levied and assessed and shall be collected a license or permit
fee from every person pursuing or engaging in any business for which a permit or
license is required under V.T.C.A., Alcoholic Beverage Code 1.01 et seq., in an
amount equal to one -half of the state fee charged for such permit or license, as
such fee now exists or shall from time to time be established pursuant to such act.
Such license or permit fee shall not be applicable to the holder of a mixed
beverage permit during the first, second, and third years of their existence.
No person or entity shall engage in the business of storing, selling, possession or
serving of alcoholic beverages without first having paid to the city the fee or fees
levied by this chapter. A separate license as required by this chapter shall be
obtained for every place of business where the business of alcoholic beverage
manufacture, distribution or sale is conducted, and fees for each such license
shall be paid.
Sec. 11 -274. License issuance.
Upon approval of the application and payment of the fees prescribed, the city
secretary shall issue a license in the name of the city which shall acknowledge
receipt of such amount and shall contain the number, name and expiration date
of the state permit or license, the name of the permittee or licensee, the trade
name of such permittee or licensee, the address of the business and the date of
issuance.
Sec. 11 -275. License display.
The license issued by the city secretary shall be displayed at all times in a
conspicuous place within the licensed place of business.
Sec. 11 -276. Refund of fees.
No refund of any license fee paid the city under the terms of this chapter shall be
made for any reason except when the permittee or licensee is prevented from
continuing in business by reason of the result of a local option election or an
amendment of the zoning regulations of the city concerning the property on
which the place of business is situated.
Sec. 11 -277. Gross receipts report.
All establishments engaging in the sale of alcoholic beverages within the city
shall submit to the city secretary a sworn affidavit showing gross receipts and
sales of the business. The affidavit shall contain a breakdown between the gross
food sales and the gross sales of alcoholic beverages. The permittee or licensee
shall also file with the city secretary on a quarterly basis, the gross receipts and
figures furnished to the state for sales tax and alcoholic beverage tax purposes.
This provision applies to restaurants, cafes, cafeterias, eating establishments,
and private clubs. Permittees or licensees under this chapter shall supply such
copies with applications for renewal. Private clubs shall supply such copies on or
before January 15th of each year thereafter. Such records shall cover the most
recent calendar year.
Sec. 11 -278. Hours of Operation.
Hours of sale for alcoholic beverages.
(a) Off - premises consumption of beer or wine.
Legal hours of sale of beer and wine for off - premises consumption with off -
premise beer /wine license or permit are as follows:
(1) Monday through Saturday: 9:00 A.M. to 10:00 P.M.;
(2) Sunday: 12:00 noon to 5:00 P.M.;
(3) Wine with more than 17 percent alcoholic content shall not be sold on
any day after 10:00 p.m. or on Sunday.
(b) On- premises consumption of beer or wine.
Legal hours of sale of beer or wine for on- premises consumption with on- premise
beer /wine license or permit are as follows:
(1) Monday through Saturday: 10:00 A.M. to 10:00 P.M.;
(2) Sunday: 12:00 noon to 6:00 P.M..
(3) Wine with more than 17 percent alcoholic content shall not be sold on
Sunday.
(c) Package store /liquor store
Legal operating hours for package store /liquor store with required permits shall
be as follows:
(1) Monday through Saturday: 10:00 A.M. to 9:00 P.M.
(2) Closed on Sunday, Thanksgiving Day, Christmas Day, New Year's
Day. If Christmas Day or New Year's Day falls on a Sunday, store shall
be closed the following Monday.
(d) Mixed beverage permittee.
The hours of sale for mixed beverages shall be as established by Section
105.03, Texas Alcoholic Beverage Code.
(1) Monday through Saturday: A mixed beverage permittee may sell and
offer for sale mixed beverages between the hours of midnight and 2:00
a.m. and between the hours of 7:00 a.m. and midnight.
(2) Sunday: A mixed beverage permittee may sell and offer for sale
mixed beverages between midnight and 1:00 a.m. and between 10:00 a.m.
and midnight, except that an alcoholic beverage served to a customer
between 10:00 a.m. and 12 noon on Sunday must be provided during the
service of food to the customer.
(e) Festival, Fair, or Concert.
In addition to any other period during which the sale of alcohol is authorized, a
licensed or permitted premises located at a festival, fair, or concert may sell
alcoholic beverages between 10 a.m. and noon on Sunday.
(f) Wineries.
(1) Monday- Saturday: 8:00 A.M. to 12:00 midnight
(2) Sunday: 10:00 A.M. to 12:00 midnight
(g) Any person selling any alcoholic beverages during times other than the legal
hours of sale will be in violation of this section and will be deemed guilty of a
class C misdemeanor punishable by a fine not to exceed the limit set out in
section 1 -6 of the Kennedale city code.
(h) Any person found purchasing any alcoholic beverage being sold in violation
of sections (a) or (b) above shall be deemed guilty of a class C misdemeanor
punishable by a fine not to exceed the limit set out in section 1 -6 of the
Kennedale city code.
Sec. 11 -279. Proximity to churches, public or private schools, and
public hospitals.
(a) It shall be unlawful for any person or entity who is engaged in the business
of selling alcoholic beverages to sell the same at a place of business that is
within:
(1) Three hundred feet of a church, public or private school, or public
hospital; or
(2) One thousand feet of a private school if the city council receives a
request from the governing body of the private school, and deems it
appropriate given all circumstances.
(b) The measurement of the distance between the place of business where
alcoholic beverages are sold and the church or public hospital shall be along the
property lines of the street fronts and from front door to front door, and in direct
line across intersections.
(c) The measurement of the distance between the place of business where
alcoholic beverages are sold and the public or private school shall be:
(1) In a direct line from the property line of the public or private school to
the property line of the place of business, and in a direct line across
intersections; or
(2) If the permit or license holder is located on or above the fifth story of a
multistory building, in a direct line from the property line of the public or
private school to the property line of the place of business, in a direct line
across intersections, and vertically up the building at the property line to
the base of the floor on which the permit or license holder is located.
(d) Every applicant for an original alcoholic beverage license or permit for a
location with a door by which the public may enter the place of business of the
applicant that is within 1,000 feet of the nearest property line of a public or private
school, measured along street lines and directly across intersections, must give
written notice of the application to officials of the public or private school before
filing the application with the city and the Texas Alcoholic Beverage Commission.
A copy of the notice must be submitted to the city and the Texas Alcoholic
Beverage Commission with the application. This subsection does not apply to a
permit or license covering a location where minors are prohibited from entering
the premises under V.T.C.A. Alcohol Beverage Code § 109.53.
(e) Subsection (a)(1) does not apply to the holder of a license or permit covering
a premises that is located within 300 feet of a private school if the permit holder
also holds a food and beverage certificate for the covered premises or if the
permit covers a premises where minors are prohibited from entering under
V.T.C.A. Alcohol Beverage Code § 109.53.
(1) In this section, "private school" means a private school, including a
parochial school, that offers a course of instruction for students in one or
more grades from kindergarten through grade 12 and has more than 100
students enrolled and attending courses at a single location.
(f) Subsection (a)(1) and (2) of this section do not apply to the holder of:
(1) A retail on- premises consumption permit or license if less than 50
percent of the gross receipts for the premises is from the sale or service of
alcoholic beverages; or
(2) A retail off - premises consumption permit or license if less than 50
percent of the gross receipts for the premises, excluding the sale of items
subject to the motor fuels tax, is from the sale or service of alcoholic
beverages.
(g) Subsection (a)(2) does not apply to the holder of a permit issued under
V.T.C.A. Alcohol Beverage Code Ch. 27, 31 or 72 who is operating on the
premises of a private school or a permit covering a premises where minors are
prohibited from entering under V.T.C.A. Alcohol Beverage Code § 109.53 and
that is located within 1,000 feet of a private school.
(h) To the extent applicable under V.T.C.A. Alcohol Beverage Code § 109.331,
the provisions of subsection (a)(1) relating to a public school also apply to a day-
care center and child -care facility as those terms are defined in V.T.C.A. Human
Resources Code § 42.002.
(i) As authorized by V.T.C.A. Alcohol Beverage Code § 109.36, the city council
may allow a variance to this section if it determines that the enforcement of the
regulations in a particular instance is not in the best interest of the public,
constitutes waste or inefficient use of land and resources, creates an undue
hardship on the applicant for a license or permit, does not serve its intended
purpose, is not effective or necessary, or for any other reason the city council
determines, after consideration of the health, safety and welfare of the public and
the equities of the situation, that the variance is in the best interest of the
community.
(1) No variance may be granted hereunder except after a public hearing
for which notice has been given to owners of real property within 300 feet
of the location of the place of business seeking a variance.
(2) Such notice must be provided, not less than ten days before the date
set for hearing, to all such owners who have rendered said property for
city taxes, as the ownership appears on the last approved city tax roll.
Sec. 11 -280. Sale of liquor, beer and wine prohibited in residential
areas.
The sale of liquor, beer, or wine in residential areas is hereby prohibited. For the
purpose of this section, the term "residential area" shall include any property
located in the following districts as described in the comprehensive zoning
ordinance of the city, and any property located in an area hereinafter so zoned
residential, provided that this section shall not apply to any permit issued for
premises zoned commercial at the time of such issuance and subsequently
rezoned residential:
R -1 Single Family Residential
R -2 Single Family Residential
R -2 Single Family Residential
OT Old Town
MH Manufactured Home
DH Two Family (Duplex) Residential
MF Multi Family District
Sec. 11 -281. Certain establishments prohibited.
An establishment that derives 75 percent or more of its gross revenue from the
on- premises sale of alcoholic beverages is prohibited from operating within the
city, in accordance with Section 109.57(d), Texas Alcoholic Beverage Code.
Sec. 11 -282. Definitions.
Alcoholic beverage means alcohol or any beverage containing more than
one -half (%) of one (1) percent of alcohol by volume, which is capable of use for
beverage purposes, either alone or when diluted.
Food means nutriment for human consumption in solid form and beverages
which have no alcohol content but the meaning of food shall not include any
beverages having any alcoholic content, alcoholic beverage mixes or other
ingredients used for the preparation of alcoholic beverages.
Mixed beverage means one (1) or more servings of a beverage composed in
whole or part of an alcoholic beverage in a sealed or unsealed container of any
legal size for consumption on the premises where served or sold by the holder of
a mixed beverage permit.
SECTION 2.
Sec. 17 -431 of the Kennedale city code is hereby amended by adding the
following definitions:
Retail Sales, Alcohol means establishments, except nightclubs and
restaurants as defined, engaged in selling beer, wine, or other alcoholic
beverages for where more than 75% of sales is derived from the sale of such
beverages for off - premise consumption. Exempt from this definition are
temporary retail sales of alcohol associated with special events, or events held
on City -owned property.
Vineyard means the cultivation or planting of grapes.
Winery, with vineyard means a facility as defined by Winery, without
vineyard, except that the facility shall also be located on the site of a working
vineyard and under the same ownership and operation as the onsite vineyard.
Winery, without vineyard means a facility used for manufacturing, bottling,
labeling and packaging of wine containing not more than 24 percent alcohol by
volume from grapes, fruits and berries grown on premise or imported, and to
include the manufacturing and importation of grape brandy for fortifying purposes
only, and Winery, without vineyard further means by a business that holds a
winery permit from the State of Texas and that may engage in any activity
authorized under Section 16.01 of the Texas Alcoholic Beverage Code. Retail
sales to ultimate consumers in unbroken packages for off - premise consumption
may not exceed an amount of 25,000 gallons annually. A winery may include the
following accessory uses; a tasting room to dispense wine for on- premise
consumption, meeting /banquet facilities, restaurants and retail sales area of wine
- for off - premise consumption.
SECTION 3.
Section 17 -421 of the Kennedale city code is hereby amended by adding the
following uses to the Schedule of Uses:
See attached Exhibit "A"
SECTION 4.
PENALTY FOR VIOLATION
Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of
this Ordinance shall be fined no more than Two Thousand Dollars ($2,000.00) for
all violations involving zoning and Five Hundred Dollars ($500.00) for all other
offenses, and in addition shall pay all costs and expenses involved in the case.
Each day a violation occurs is a separate offense. Nothing herein contained shall
prevent the City from taking such other lawful action as is necessary to prevent
or remedy any violation.
SECTION 5.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of all existing
ordinances and of the Kennedale City Code (1991), as amended, including but
not limited to all ordinances of the City of Kennedale affecting fencing and
screening, and shall not repeal any of the provisions of such ordinances except
in those instances where provisions of such ordinances are in direct conflict with
the provisions of this ordinance.
SECTION 6.
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 7.
SAVINGS CLAUSE
All rights and remedies of the City of Kennedale are expressly saved as to
any and all violations of the provisions of the Kennedale City Code (1991), as
amended, or any other ordinances regarding fencing and screening that have
accrued at the time of the effective date of this Ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by
this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 8.
PUBLICATION
The City Secretary of the City of Kennedale is hereby directed to publish the
caption penalty clause, publication clause and effective date clause of this Ordinance
in every issue of the official newspaper of the City of Kennedale for two days or one
issue of the newspaper if the official newspaper is a weekly newspaper as authorized
by Section 3.10 of the City of Kennedale Charter.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
r'
a,
N
r�-
O
N
'd
U
N
d'
aH
HH
H
N
U
�
�
U
k
0
U
A
H
O
M
N
.—I
N
tai id
�
� •>
� •�
W
O
4-i
O
N
U
N
d
°o o �
(rl
�`.a�
°o o
C7
N �. V Y O
O n
N Cl, v + 0
[�
o
O
O p o N
O
O
O va p o N
-
~
o 0
O
O
a
w N o
W
F�
a
O
C�
U
C7
C7 C
N°
o
o
cd
o
M �.
o ¢ �, c,
M 4i c o ,
O
M
O 4- s0
O
O O f-l. cd
U5
U
k
x
X
U
0
U
�
A
H
O
M
a
N
X
k
. 0
Q
Cd
N
a3
N
�,
N
O
O
Staff Report
To the Members of the Planning and Zoning Commission
Date:
September 9, 2010
Regular Meeting/ III
Public Hearing Agenda Item No:
Subject: Minutes
Originated by: Rachel Roberts, Planner
Following this report is a draft of the minutes from the August 2010 meeting for your
review and consideration for approval.
1
Staff Report
to the Members of the Planning and Zoning Commission
Date: September 9, 2010
Regular Meeting Agenda Item
No: N
Subject: Update on city projects
Originated by: Rachel Roberts, Planner
Staff will provide information about other city projects, including progress on
road projects, at the meeting.
I,, II
•
•
1
• •
•
1t
1
•
•
•
1
C
O
0
I
®
I
O
i
o
�
O
CD
O
3
CD�
CD
cn
�-
O
CD
�
�
:3
CD
0-
O
<■
CD
�+
♦W
C
CD
3
■
cn
CD
CD
CD
.._ ■
O
c
"
O
I
cn
0
�
O
CD
CD
3
CD�
0
CD
.
CD
0-
- -
CD
�+
CD
e
CD
3
■
cn
CD
.._ ■
c
O
n
0.0
/�.
3
3
Y
_
-IN
c
r-.1-
3
— -
cD
CD
.
v
3
� T
Y
O
3
(D
71
Z
O
0
7
` ®
[ O
c
/
0
/y
O
f
O
3
3
C:
O
3
�o
CD
w
V
O
CD
V
■
■
7n
0
on
3
1t
1
r�
•
•
I
•
I I I
rn
N a) <
0 o-
CD
CD cn
O CD
: n
CD C
CD
o n CD
CL
0 o Q
3 o
CD
o (D
CD �-
N
CD
CD
O
O CD
3
CD
t
I I I I —n Q
O
CD �� 3
CD 0 CD
O ® W
.� �"' Cp CD �-
�
° Q �_ �
D CD
CCD o rn Q- �- : C7
�• C ( 0 Cl
�•
En V-0 CD
1-4- CD CD cn 0
CD CD
C7
< \ o cQ' CL
`— n 3 M -� : CD
- 0 o
3
CD CD --� �-
r"
CD CD
® CD
cn c: O CD 0
Q,
3
cn- CD
3
n' CD
cn
Cn
0
I I
Cn
O a z CD
•
CD
3, cD o cn
O CD
CD CD
O *C I
�(n
(n 3
CD o
CD
=T CD
CO CD
m
CD
CD
CD CD
Q :�
Q) CD
CD
CD
�-
O
k:�
O
-
Z
O
3
O
CD
CD
w
; rks O
CD �
O O
C
O I
�-
O
n
I
I
�
�-
o
c
O
�
O
� o
CD
0 •
�
C)
c
<
CD'c-
CD
cCD.0
n
_.
o
o
CD
o
r-+-
O
1
C:
C.
-�
o
C
o
(.
O
.
cn
m
CD
CD
CD CD
Q :�
Q) CD
CD
CD
�-
O
k:�
O
-
Z
O
3
O
CD
CD
w
; rks O
CD �
O O
C
O I
�-
O
n
C
C
O
�-
-10
CD -�
n
CL
e
Cr
W
CD
�.
o
(D
3
CD,
C ^
M
"�
rl'�
n
?s/
+�
0
i++
3
0
Cn
CD
n
CD
CD
O
Q.
CD
c
(D
Q
\V
\
_
CD
cn
®
CD
D
r-f-
Y1J
F.
Q
:3
(D
'^
(n
O
n
°Q
N
0
x-(
3
cn
,-j.
rf
CD
(D
�.
' 3
cn
C
Cl)
`V
:3
^
0
''c^n
�a
\V
C
C
CD -�
n
e
Cr
W
CD
�.
o
(D
3
;F-
0
"�
Vi.L
?5
+�
i++
3
0
Cn
CD
C
c
- a
\V
\
CD
cn
CD
cn
/71
/CD
r-f-
Y1J
Q
0
'^
(n
l
O
3
cn
rf
CD
�.
' 3
cn
n
ON
Cj)
-1
Is
X_
Cn
COD
��.t
CD
`C
- O
Sy
,..,_
®
O —
� n
CD
w
O
C (D'
CD
(D to
=3
Q O_
o '
CD
--s
(D
Q O
�
CD
<
C
�
v
!=
O
�
C
O
CD
3
(n
O
C
CD
_O
C ' -
o
cn
n
ON
--I C/)
CD
(n �
Q
O O_
�_- (A
0
O
3
3
CD
• _.
1
Do
o �
CO CD
S� 0
� CQ
CD
:3 cr
Q F
cn =r
�-
:3 C:
o CD
CD
n
m
X
r-l-
CD
CD
n
11
O
0
CD
3
CD
o '
CD
--s
(D
cn
�
(n
<
C
�
!=
O
�
C
O
CD
3
(n
O
C
CD
_O
C ' -
o
A
(E °
=3
CD
::3
CD
0-
�
nQ)
CD
n
--I C/)
CD
(n �
Q
O O_
�_- (A
0
O
3
3
CD
• _.
1
Do
o �
CO CD
S� 0
� CQ
CD
:3 cr
Q F
cn =r
�-
:3 C:
o CD
CD
n
m
X
r-l-
CD
CD
n
11
O
• •
:7
rW
L
O
nc3
3
e
c
CD
0
W
CD
CD
�
Cr
'1
0
0
CD
CD
�.
�
=3
Q
Q.
(D
0)
=3
2
0
O
C
(Q
O
CD
CD
®
CDL
o
,.�
o
CD
Cn CD
O
®
O
o
Q)
0
CD
CL
=3
C
C:
Ci
CL
�=-+-
n.
CD
r-�-
CD
(n
0
U
CD
CD
:3
n
e-t
O
�
X�
3
CD
�.
3
(D
�--�
CD
n
FT
�
:7
rW
L
• •
O
nc3
3
e
3—
CD
(n C �
�.
CD
0
Cr
'1
0
0
CD
_.
�.
cn
Q
Q.
Q
CD
Z)
`C
O
C
CD
O
L
(n
CDL
CD
CD
Cn CD
O
o
r-4-
�
• •
n
r
e
3—
CD
(n C �
3
V,
CL
e
Q
CD
=r
Z)
`C
O
C
O
c
(n
CD
Cn CD
O
o
r-4-
�
CL
=3
Ci
CL
(n
CD
r-�-
(n
0
Q
CD
n
:3
e_-h
�
X�
CD
0-
D
Cl)
CD
CtM (D
(n CD :3
CD r-
Q 0
CD 2)
0
0 CD CD
3
Cp CD 0
W 0
CD CD<
X -
cr
Co
Cr CD
C: 0
in cn
5 . 0
CD �
Cn 0
Cn
CD CD
cn
,5n -,
cn I
CD
3
57
0
c
W
C:
CD L
0 (n
3 9
cD 3 w
X C (D CD 0
D ch -n 0
CD ( 3 -
cn
:3 U)
CD
75- :3
:3 cn
o cn CD
cn Q :
CD Cr
cr
:3
CD cc
cn
cn
CD
cn
CD
Q.
0
a.
CD
CD
(n
(n
0 P
•
•
cn C7 CQ
Q
N CD CD
Cn
O-(Q'
CD
CL�
CD
cr
CD
cn
CD
cn
0-
c
m
cn
,-t-
(D
CD
O
"�
(n
3
,
2)
CD
CD
0
w"
CD
N O
0
o Xi
(
-
3t
c�
M
=r
cr
N.
0
O
CD
X. (D
�- N
�o
4
cr
rn
(nCD
NCn
_. cn
CD
3
Cn CD
rn
rns
o
0
cn —
=
CD
Oy
vv
_
O
w
(n
CD
CD
•
cn C7 CQ
Q
N CD CD
Cn
O-(Q'
CD
CL�
CD
cr
CD
cn
CD
cn
0-
c
m
Q
0
(
3
S
NCn
",_
*w
3
w
o
0
'-1
=
CD
Oy
n
CD
_
O
w
(n
CD
CD
<
CD
��
_
cD
v
0
N
O
O
U)
`C
v
0
rn
CD
CD
cn
D
CD
CD
CD
(a
CD
(Q
O
m
CD
Cr
CD
M
n
N
2)
su
Q
n
= )
�.
cn
O
v"
CD
cQ
3.
�
0
U
CD
CD
c
O
O
3
o
I� I W I I O I; I z
X� CD CDC? �r �n CD n
CD (n ° _
_ �_
CD �� �� cn rn (D < O
c�v, N c n �O °
� CD sv CD CD � CD _. o' cn � CD
� ° � (_n 3 ,, :3 :7 CD 0
clo cn
CD \CD �
C W 4 c o ccn C CD _
_`' ®o 3 C/)
p rn 0 `< m
CD ° �.
°.
I n a) < n• �-CD
CD U) � �
o -
n� � Q�
CD V) : CD
70 0 CD
0
3
. CD
:3 c
N
• ® •
•
1t
•
•
•
1
U)
N
Dear Business Owner,
Due to a lack of compliance with the city's ordinance, the city is working to make
businesses aware of the regulations governing their signs, especially sandwich
board signs. As part of this effort, we are providing to you information about what
kinds of sandwich board signs are permitted (and which are not).
On the other side of this notice is a checklist of the sandwich board sign
regulations. Please use the checklist to make sure your sign is in compliance.
Businesses found to have signs that are not in compliance may be faced with
code violation proceedings, so we encourage you to use the checklist and to ask
questions about any part of the regulations that may be unclear.
Please note that sandwich board signs were permitted by ordinance to give
businesses the opportunity to let the public know about the products and services
they provide. A continued lack of compliance by businesses in general may lead
to a modification of the sign ordinance that would completely prohibit the use of
this kind of sign.
If you do have any questions, please call the Permits & Planning Department at
817 - 985 -2130 or stop by our office in City Hall; we will be glad to answer any
questions you may have.
Sincerely,
James Cowey
Director of Development Services
817- 538 -7359
405 Municipal Drive www.cityofkennedale.com PH 817.985.2130
Kennedale, TX 76060 FX 817.483.0720
Sandwich Board Sign Regulation Checklist
Sandwich board signs are permitted only on property behind the
right -of -way line.
Your sign may be a maximum of four (4) feet in height and may
have a maximum sign area of eight (8) square feet.
For example, if your sign is 4 feet in height, it may not be more than
two (2) feet in width.
Only one (1) sign is allowed per lease space
Sign shall be removed every day after the business is closed.
Sign shall be anchored in some means to prevent displacement in
high winds.
If your sign is placed on (or protrudes onto) a sidewalk, a minimum
of four (4) feet of sidewalk shall remain clear.
Chalkboards may be used for daily changing of messages.
No reader boards may be used.
Updated 9 -9 -2010 RR
405 Municipal Drive www.cityofkennedale.com PH 817.985.2130
Kennedale, TX 76060 FX 817.483.0720
Examples of acceptable sizes for sandwich board sign: maximum 8' in area
4' T
2
3' �
2.65' H
Examples of chalkboard sandwich board signs:
Image from
http://www.flickr.com/photos/spine/2063660133/;
http://creativecommons.org/licenses/by/2.5/
405 Municipal Drive www.cityofkennedale.com PH 817.985.2130
Kennedale, TX 76060 FX 817.483.0720
Image from
http://www.everystockphoto.com/photo.php?ima
geld= 2267808;
http://creativecommons.org/licenses/by/2.5/
Staff Report
to the Members of the Planning & Zoning Commission
Date:
October 20, 2010
Regular Meeting/Public Hearing
Item No: V
Subject: Alcoholic beverage ordinance
Originated by: Rachel Roberts, Planner
After reviewing information from our attorneys, we have made some
changes to the draft ordinance we sent in the P &Z packets. The changes are
underlined for your reference.
101VQI► /_W "i!lei
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, ADO
ARTICLE 11 "4 LCOHO I cr BEVERAGES O F CHAPTER 11 " L I CENSES,
TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS" OF THE
KEN NEDALE CITY (`ODE OF ORDINANCES, CES S AMENDED, BY ADD
PROVISIONS REGARDING ING CAI E AND CONSUMPTION OF ALCOHOLIC
IC
PROVIS
BEVERAGE-9 AMENDING SECTIONS 17 -421 AND 17 -431 OF ARTICLE VI
"ZONING" OF CHAPTER 17 "PLANNING AND DEVELOPMENT," AND
ADOPTING ARTICLE IX "ALCOHOLIC BEVERAGES" OF CHAPTER 17 OF
THE KENNEDALE CITY CODE OF ORDINANCES AS AMENDED BY
ADDING PROVISIONS REGARDING SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas (City) is a home rule city acting
under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, in order to promote the public health, safety and general welfare
the City council desires to adopt the proposed amendments to its city code in order to add
regulations governing the sale of alcoholic beverages;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS, THAT:
SECTION 1.
The Kennedale city code is hereby amended by adding to Chapter 17, Planning and Land
Development, Chapter 11, L-Icenses Taxation and MiSGeflaneetsEusiness- Regulatian6 an
article governing alcoholic beverages, as follows:
Article IX. ArtaGle XI. Alcoholic Beverages.
Sec. 17 -614 Ses.1 -269. State Law to Control.
Nothing in this chapter shall be construed or interpreted to conflict with the V.T.C.A.,
Alcoholic Beverage Code. The provisions of this chapter shall be subject to the limitations of
such code and such code shall control. The municipal court of Kennedale shall have
jurisdiction of any offense under this chapter and under state law only where the constitution
and the general law of this state confer such jurisdiction thereon.
Sec. 17 -615 Seeal -2-78 Permit required.
(a) Application for permit or license— Content.
Any person applying for a permit or license issued by authority of the Texas Alcoholic
Beverage Code, or a renewal of such permit or license or to change the location of the
place of business designated in such permit or license, shall deliver to the city secretary, for
filing, one copy of the appropriate forms prescribed by the Texas Alcoholic Beverage
Commission, together with scale drawings showing the proposed location of applicant's
business in relation to streets, property lines, the nearest church, public or private school or
public hospital. The officials with primary responsibilities for enforcing the zoning, building
and health laws shall determine the use district in which such business is located, the
distance to the nearest church, public or private school, or public hospital and any
deficiencies in the building proposed or planned for such use. Such person applying for a
permit or license shall also provide a statement of his name, current address, addresses for
the previous ten years, age, all other city permits or licenses held and the names and
addresses of all persons with an interest in such business, which statement shall include an
affidavit that the information given is true and correct. The applicant shall give permission
for his fingerprints, photo, height, weight, coloring, and other description to be obtained by
the police department.
Sec. 17 -616 See. ms 11 -1.271 Investigation of applicant.
The city secretary shall direct the applicant to deliver such information to the police
department, which shall cause an investigation to be made as to the applicant's reputation
as well as those of his business associates and also as to the applicant's criminal record, if
any. On completion, the police department shall forward such application and information
together with the investigative findings to the city secretary's office.
Sec. 17 -617 SeG. 11.272 Objections to issuance of license or permit.
Is such use is permitted by state law, the city secretary shall certify on the application that
the sale of alcoholic beverages, as applied for, is or is not prohibited at the location of the
applicant's place of business. If from the city secretary's examination, it appears that the
applicant is disqualified, or that the applicant's place of business is inadequate, unsafe,
unsanitary or does not comply with the terms of this chapter and the Texas Alcoholic
Beverage Code, or that any lawful reason exists why the permit or license should not be
issued, it shall by the duty of a representative of the city to file objections to the issuance of
the permit or license with the Texas Alcoholic Beverage Commission or with the county
judge.
Sec. 17 -618 SeG.11.273 Fees.
There is hereby levied and assessed and shall be collected a license or permit fee from
every person pursuing or engaging in any business for which a permit or license is required
under V.T.C.A., Alcoholic Beverage Code 1.01 et seq., in an amount equal to one -half of
the state fee charged for such permit or license, as such fee now exists or shall from time to
time be established pursuant to such act. Such license or permit fee shall not be applicable
to the holder of a mixed beverage permit during the first, second, and their years of their
existence.
No person or entity shall engage in the business of storing, selling, possession or serving of
alcoholic beverages without first having paid to the city the fee or fees levied by this chapter.
A separate license as required by this chapter shall be obtained for every place of business
where the business of alcoholic beverage manufacture, distribution or sale is conducted,
and fees for each such license shall be paid.
Sec. 17 -619 Ses:- 11.274 License issuance.
Upon approval of the application and payment of the fees prescribed, the city secretary
shall issue a license in the name of the city which shall acknowledge receipt of such amount
and shall contain the number, name and expiration date of the state permit or license, the
name of the permittee or licensee, the trade name of such permittee or licensee, the
address of the business and the date of issuance.
Sec. 17 -620 SeG. 11.275 License display.
The license issued by the city secretary shall be displayed at all times in a conspicuous
place within the license place of business.
Sec. 17 -621 SeG. 11.276 Refund of fees.
No refund of any license fee paid the city under the terms of this chapter shall be made for
any reason except when the permittee or licensee is prevented from continuing in business
by reason by reason of the result of a local option election or an amendment of the zoning
regulations of the city concerning the property on which the place of business is situated.
Sec. 17 -622 Sec. 11:277- Gross receipts report.
All establishments engaging in the sale of alcoholic beverages within the city shall submit to
the city secretary a sworn affidavit showing gross receipts and sales of the business. The
affidavit shall contain a breakdown between the gross food sales and the gross sales of
alcoholic beverages. The permittee or licensee shall also file with the city secretary of a
quarterly basis, the gross receipts and figures furnished to the state for sales tax and
alcoholic beverage tax purposes. This provision applies to restaurant, cafes, cafeterias,
eating establishments, and private clubs. Permittees or licensees under this chapter shall
supply such copies with applications with renewal. Private clubs shall supply such copies
on or before January 15 of each year thereafter. Such records shall cover the most recent
calendar year.
Sec. 17 -623 See. 11:278 Hours of operation.
Hours of sale for alcoholic beverages.
(a) Off - premises consumption of beer or wine.
Legal hours of sale of beer and wine for off - premises consumption with off - premise
beer /wine license or permit are as follows:
(1) Monday through Saturday: 9:00 A.M. to 10:00 P.M.
(2) Sunday: 12:00 noon to 5:00 P.M.
(3) Wine with more than 17 percent alcoholic content: hours of sale for off - premises
consumption shall be as established by the Texas Alcoholic Beverage Code.
Wine with more than 17 PeFGent a'G()hE)'iG Gentent shall not be seld on aRy day afte-r
(b) On- premises consumption of beer eFw in .
Legal hours of sale of beer OF wine for off - premises consumption with off - premise beer /wine
license or permit are as follows:
(1) Monday through Saturday: 10:00 A.M. to 10:00 P.M.
(2) Sunday: 12:00 noon to 6:00 P.M. 10:00 P.M.
(3) Wine with more than 17 percent alcoholic content: hours of sale for on- premises
consumption shall be as established by the Texas Alcoholic Beverage Code.
Wine with more than 17 neFGeF1t aIGeh91fG Gentent shal Ret be Sunday
(c) Package store /liquor store.
Legal operating hours for package store /liquor store with required permits shall be as
follows:
(1) Monday through Saturday: 10:00 A.M. to 9:00 P.M.
(2) Closed on Sunday, Thanksgiving Day, Christmas Day, New Year's Day. If
Christmas Day or New Year's Day falls on a Sunday, store shall be closed the
following Monday.
(d) Mixed beverage permittee.
The hours of sale for mixed beverages shall be as established by Section 105.03, Texas
Alcoholic Beverage Code.
(1) Monday through Saturday: A mixed beverage permittee may sell and offer
for sale mixed beverages between the hours of midnight and 2:00 A.M. and between
the hours of 7:00 A.M. and midnight.
(2) Sunday: A mixed beverage permittee may sell and offer for sale mixed
beverages between midnight and 1:00 A.M. and between 101-00 A.M. and midnight,
except that an alcoholic beverage served to a customer between 10:00 A.M. and
12:00 noon on Sunday must be provided during the service of food to a customer.
(e) Festival, Fair or Concert.
In addition to any other period during which the sale of alcohol is authorized, a licensed or
permitted premises located at a festival, fair, or concert may sell alcoholic beverages
between 10:00 A.M. and noon on Sunday.
(0 Wineries.
Legal operating hours for wineries with required permits shall be as follows:
(1) Monday through Saturday: 8:00 A.M. to 12:00 midnight
(2) Sunday: 10:00 A.M. to 12:00 midnight
(g) Any person selling any alcoholic beverages during times other than the legal hours
of sale will be in violation of this section and will be deemed guilty of a class C
misdemeanor punishable by a fine not to exceed the limit set out in section 1 -6 of the
Kennedale city code.
(h) Any person found purchasing any alcoholic beverage being sold in violation of
sections (a) or (b) above shall be deemed guilt of a class C misdemeanor punishable by a
fine not to exceed the limit set out in section 1 -6 of the Kennedale city code.
Sec. 17 -624 Sec. 11.279 Proximity to churches, public or private schools,
and public hospitals.
(a) It shall be unlawful for any person or entity who is engaged in the business of selling
alcoholic beverages to sell the same at a place of business that is within:
(1, ,) T"rep three hundred feet of a church, public or private school, or public hospital; or
(2) One thousand feet of a private 6GhGOI of the G GOunG F- i quest from
(b) The measurement of the distance between the place of business where alcoholic
beverages are sold and the church or public hospital shall be along the property lines of the
street fronts and from front door to front door, and in direct line across intersections.
(c) The measurement of the distance between the place of business where alcoholic
beverages are sold and the public or private school shall be:
(1) In a direct line from the property line of the public or private school to the
property line of the place of business, and in a direct line across intersections; or
(2) If the permit or license holder is located on or above the fifth story of a
multistory building, in a direct line from the property line of the public or private
school to the property line of the place of business, in a direct line across
intersections, and vertically up the building at the property line to the base of the
floor on which the permit or license holder is located.
(d) Every applicant for an original alcoholic beverage license or permit for a location with
a door by which the public may enter the place of business of the applicant that is within
1,000 feet of the nearest property line of a public or private school, measured along street
lines and directly across intersections, must give written notice of the application to officials
of the public or private school before filing the application with the city and the Texas
Alcoholic Beverage Commission. A copy of the notice must be submitted to the city and the
Texas Alcoholic Beverage Commission with the application. This subsection does not apply
to a permit or license covering a location where minors are prohibited from entering the
premises under VTCA., Alcohol Beverage Code § 109.53.
(e) Subsection (a)04 does not apply to the holder of a license or permit covering a
premises that is located within 300 feet of a private school if the permit holder also holds a
food and beverage certificate for the covered premises or if the permit covers a premises
where minors are prohibited from entering under V.T.C.A, Alcohol Beverage Code § 109.53.
(1) In this section, "private school' means a private school, including a parochial
school, that offers a course of instruction for students in one or more grades from
kindergarten through grade 12 and has more than 100 students enrolled and
attending courses at a single location.
(f) Subsection (a) (11) - and -(2) of this section do not apply to the holder of:
(1) A retail on- premises consumption permit or license if less than 50 percent of
the gross receipts for the premises is from the sale or service of alcoholic beverages;
or
(2) A retail off - premises consumption permit or license if less than 50 percent of
the gross receipts for the premises, excluding the sale of items subject to the motor
fuels tax, is from the sale or service of alcoholic beverages.
19�S Sentin 2) deer � holder of a p issued under \/ T G �
�7zr°cv — rtvra cn- rm— r m'rcrcr — v—i —o :� r
A Bev erage Cede 27,31 or 72 who is oper e th e promises of a private pieniises
\ter^ p ., ARGG)hGI Beverage Code s 109 and that is IGGated wi +hip 4 r p feet of a_ rivate
sGGh 69E:
LgJN To the extent applicable under V.T.C.A Alcohol Beverage Code § 109.331, the
provisions of subsection (a)(1) relating to a public school also apply to a day -care center
and child -care facility as those terms are defined in V.T.C.A. Human Resources Code §
42.002.
(i) As authorized by V.T.C.A. Alcohol Beverage Code § 109.36, the city council may
allow a variance to this section if it determines that the enforcement of the regulations in a
particular instance is not in the best interest of the public, constitutes waste or inefficient use
of land and resources, creates an undue hardship on the applicant for a license or permit,
does not serve its intended purpose, is not effective or necessary, or for any other reason
the city council determines, after consideration of the health, safety and welfare of the public
and the equities of the situation, that the variance is in the best interest of the community.
(1) No variance may be granted hereunder except after a public hearing for
which notice has been given to owners of real property within 300 feet of the location
of the place of business seeking a variance.
(2) Such notice must be provided, not less than ten days before the date set for
hearing, to all such owner who have rendered said property for city taxes, as the
ownership appears of the last approved city tax roll.
Sec. 17 -625 SeG. 11.280 Sale of liquor, beer and wine prohibited in
residential areas.
The sale of liquor, beer, or wine in residential areas is hereby prohibited. For the purpose of
this section, the term `residential area" shall include any property located in the following
districts as described in the comprehensive zoning ordinance of the city, and any property
located in an area hereinafter so zoned residential, provided that this section shall not apply
to any permit issued for properties zoned commercial at the time of such issuance and
subsequently rezoned residential:
R -1 Single Family Residential
R -2 Single Family Residential
R -3 Single Family Residential
OT Old Town
MH Manufactured Home
DH Two Family (Duplex) Residential
MF Multi Family District
'. ON - e— WIN e ......... N. IM
WMVI F - - MrArm -
Sec. 17 -626 SeG. 11.281- Definitions.
Alcoholic beverage means alcohol or any beverage containing more than one -half (1/2) of
one (1) percent of alcohol by volume, which is capable of use for beverage purposes, either
alone or when diluted.
Food means nutriment for human consumption in solid form and beverages which have no
alcohol content but meaning of food shall not include any beverages having any alcoholic
content, alcoholic beverage mixes or other ingredients used for the preparation of alcoholic
beverages.
Mixed beverage means one (1) or more servings of a beverage composed in whole or
part of an alcoholic beverage in a sealed or unsealed contain of any legal size for
consumption on the premises where served or sold by the holder of a mixed beverage
permit.
SECTION 2.
Sec. 17 -431 of the Kennedale city code is hereby amended by adding the following
definitions:
Bar means an establishment or facility that derives 75 percent or more of its gross
revenue from the on- premises sale of alcoholic beverages.
Retail sales, alcohol means establishments eXGept RightGlubs and restaurants as
defined, engaged in selling beer, wine, or other alcoholic beverages where more than 75
percent of sales is derived from the sale of such beverages for off - premise consumption.
Exempt from this definition are temporary retail sales of alcohol associated with special
events, or events held on city -owned property.
Vineyard means the cultivation or planting of grapes.
Winery, without vineyard means a facility used for manufacturing, bottling, labeling and
packaging of wine containing not more than 24 percent alcohol by volume from grapes,
fruits and berries ^r^,^,,, on p — imported and to include the manufacturing and
importation of grape brandy for fortifying purposes only, and Winery, without vineyard
further means by a business that holds a winery permit from the State of Texas and that
may engage in any activity authorized under Section 16.01 of the Texas Alcoholic Beverage
Code. Retail consumption sales to ultimate consumers in unbroken packages for off -
premise consumption may not exceed an amount of 25,000 gallons annually. A winery may
include the following accessory uses: a tasting room to dispense wine for on- premise
consumption, meeting /banquet facilities, restaurants and retail sales are of wine for off -
premise consumption subject to all other sections of the city code regulating such uses
Micro - winery, without vineyard means Winery, without vineyard as defined by this
section, where annual production does not exceed 20,000 gallons, in bulk and bottles
combined.
Winery, with vineyard means a facility as defined by Winery, without vineyard except
that the facility shall also be located on the site of a working vineyard and under the same
ownership and operation as the onsite vineyard.
Micro - winery, with vineyard means Winery, with vineyard as defined by this section,
where annual production does not exceed 20,000 gallons, in bulk and bottles combined.
Micro - brewery means a facility used for manufacturing, bottling, labeling and
packaging of beer, ale, or malt liquor, where annual production does not exceed 20,000
gallons, in bulk and bottles combined.
SECTION 3.
Section 17 -421 of the Kennedale city code is hereby amended by amending the Schedule
of Uses as follows:
See attached "Exhibit A"
PENALTY FOR VIOLATION
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this Ordinance shall be fined
no more than Two Thousand Dollars ($2,000.00) for all violations involving zoning and Five
Hundred Dollars ($500.00) for all other offenses, and in addition shall pay all costs and
expenses involved in the case. Each day a violation occurs is a separate offense. Nothing
herein contained shall prevent the City from taking such other lawful action as is necessary
to prevent or remedy any violation.
SECTION 5.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of all existing ordinances and of the
Kennedale city code (1991), as amended, innh ding b net limited to all ordinances of toe
City of Kennedale feRGing and r,nreening and shall not repeal any of the
provisions of such ordinances except in those instances where provisions of such
ordinances are in direct conflict with the provisions of this ordinance.
SECTION 6.
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 incorporation in this Ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 7.
SAVINGS CLAUSE.
All rights and remedies of the City of Kennedale are expressly saved as to any and all
violations of the provisions of the Kennedale City Code (1991), as amended, or any other
ordinances regarding fonnin„ and careening zoning, licenses, taxation, and businesses, or
sale or consumption of alcoholic beverages that have accrued at the time of the effective
date of this Ordinance; and, as to such accrued violations and all pending litigation, both
civil and criminal, whether pending in court or not, under such ordinances, same shall not
be affected by this Ordinance but may not be prosecuted until final disposition by the courts.
SECTION 8.
PUBLICATION.
The City Secretary of the City of Kennedale is hereby directed to publish the caption penalty
clause, publication clause, and effective date clause of this Ordinance in every issue of the
official newspaper of the City of Kennedale for two days or one issue of the newspaper if
the official newspaper is a weekly newspaper as authorized by Section 3.10 of the City of
Kennedale Charter.
SECTION 9.
EFFECTIVE DATE.
This Ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
Municode http: // library. municode .com /print.aspx ?clientlD= 12367 &HTNMequest...
Sec. 12 -4. - Outdoor display of merchandise.
(a) It shall be unlawful for any person to display any goods, wares or merchandise for sale to the public on the outside
of a building or enclosed structure except during hours that the business establishment or owner or custodian of
such goods, wares or merchandise offering the same for sale is open for business and available at the scene of
display, either in person or through an agent or employee, to conclude a sale of same.
(b) This section shall not apply to the display of automobiles, motor vehicles or industrial equipment of comparable
size or larger, so long as same is displayed for sale in conformity with other applicable ordinances of the city.
(Code 1977, § 4 -82)
1 of 1 10/18/2010 2:38 PM
Regular Meeting & Public Hearing Roll Call
if present
Lori Bryan
Ray Cowan
Frank Fernandez
Ernest Harvey
V----David Hunn
a6vvt� Charles Overstreet
46CA-- Billy Simpson
I
o rv , ,ko - 7� ofo
Jason Galloway
V Thomas Pirtle
Work Session Roll Call
if present
Lori Bryan
Ray Cowan
,//
Frank Fernandez
V/ Ernest Harvey
David Hunn
Charles Overstreet
/ Billy Simpson
Jason Galloway
Thomas Pirtle
CITY OF KENN'EDALE
PUBLIC HEARING
��
Case PZ 10 -11 to receive comments and consider action to amend Chapter 17, Article
VII of the Kennedale city code by revising regulations governing sandwich board signs.
NAME:
ADDRESS:
PHONE NUMBER:
I hereby:
❑ Wish to address the Commission
❑ Do not wish to address the Commission, but I would like to register the
following opinion:
I am registering ❑ for ❑ against the agenda item.
In registering, I represent ❑ myself ❑ the following person(s), firm(s), corporation(s),
class(es), or group(s):
Their business address is:
Signature: Date: Oct. 21 2010
6000 WESTERN PLACE, SUITE 200 Taylor Olson Adkins Sralla Elam TELEPHONE: (817) 332 -2580
I -30 AT BRYANT -IRVIN ROAD L.L.P. TOLL FREE: (800) 318 -3400
FORT WORTH, TEXAS 76107 -4654 FACSIMILE: (817) 332 -4740
EMAIL: TOASE @TOASE,COM Attorneys Counselors WEBSITE: WWW.TOASE.COM
JENNY GRAVLEY
EXT. 224
iRravley @toase.com
September 23, 2010
Bob Hart
City of Kennedale
405 Municipal Drive
Kenmedale, Texas ?6060
Re: Alcoholic Beverage Regulations
Dear Bob:
You have asked our office to clarify to what extent the City may regulate establishments that
sell alcoholic beverages, in the event the upcoming local option election allowing alcohol sales is
passed. .
( Iii g6neral, a city's ability to regulate the sale of alcoholic beverages within the' limits is
severely limited by the Texas Alcoholic Beverage Code ( "the Code").- Section 1.06 of the Code
specifically states:
"[u]nless otherwise specifically provided by the terms of this code, the
manufacture, sale, distribution, transportation, and possession of alcoholic
beverages shall be governed exclusively by the provisions of this code."
Therefore, the Code preempts the field of regulation of alcoholic beverages in Texas and a city may
only enact an ordinance as specifically permitted by the Code. The Texas Alcoholic Beverage
Commission ( "TABC "), not the City, is granted the primary responsibility for regulating the
possession and sale of alcoholic beverages.
A. Could the City restrict the hours of operation?
The hours of the sale of alcoholic beverages is set out generally in Chapter 105 of the Code.
However, Section 109.32 of the Code authorizes a cityto prescribe the hours when beer maybe sold,
except that the city may not permit the sale of beer during hours when the sale is prohibited by the
TABC. In exercising this authority, the City may distinguish between retailers selling beer for on-
premise consumption and retailers, manufacturers or distributors who do not sell beer for on- premise
consumption.
Section 26.04 of the Code governs the issuance of a wine and beer retailer's off - premise
permit by the TABC. Under this section, a city may regulate the sale of wine for off - premises
W:\Kennedale\LETTERS\Bob Hart (Alcohol Regulations),wpd
September 23, 2010
Page 2
consumption pursuant to a provision which says: "The restrictions relating to beer as to the
application of local restrictions... apply to the sale of alcoholic beverages by a wine and beer
retailer's off - premise permittee." Therefore, the City could regulate the hours of sale of wine for off -
premises consumption; however, there is no similar provision authorizing a city to regulate the hours
of sale of wine for on- premise consumption.
The proposition on the ballot would allow the sale of alcoholic beverages, including mixed
beverages, in the City. There are no provisions in the Code regarding the sale of mixed beverages
which would allow the City to regulate the hours of sale of mixed beverages. Mixed beverages may
be sold during the hours allowed by the type of TABC license the premises has (either a Mixed
Beverage or a Mixed Beverage Late Hours Permit).
B. What distance regulations may the City adopt?
The City may enact an ordinance or regulation which prohibits the sale of any alcoholic
beverage by a dealer whose place of business is within three - hundred (3 00) feet of a church, public
or private school, or public hospital'. In certain circumstances, the three hundred foot buffer for
public schools also applies to day -care centers and child -care facilities'. If there are any private
schools in the City, the prohibition zone maybe increased to one thousand (1,000) feet surrounding
the private school upon a request of the governing body of the private scho01 With respect to
public schools, there is a provision that allows the buffer zone to be increased to 1,000 feet around
public schools upon the request of the school board'. Unfortunately, however, it only applies to
school districts that have a majority of their area within a city with a population of 900,000 or more
and thus, would not apply to the City.
C. Can the City prohibit or restrict bars or the location of bars?
Some cities have tried to regulate the location of establishments that sell alcoholic beverages
by requiring a Specific Use Permit (SUP) for such establishments. There were three lawsuits
involving the Colony in which the courts found that the city was preempted by the Alcoholic
Beverage Code from requiring an SUP fora liquor store. The city eventually settled the cases. One
basis for the decisions was that requiring an SUP for a liquor store violates Section 109.57 (a) of the
Alcoholic Beverage Code which states that:
' § 109.33(a)(1). The methods for measuring distances between public hospitals, churches, and schools establishments
differ slightly. Id. § 109.33(b). The TABC has developed specific guidelines on how these distances are measured.
' TEx. ALco. BEv. CODE Alva. § 109.33l(a), (b).
3 Id. § 109.33(a)(3).
'Id. § 109.33(a)(2).
5 TEx. EDUC. CODE ANN. § 38.007(b).
W:\Kennedale\LETTERS\l3ob Hart (Alcohol Regulations).Nvpd
September 23, 2010
Page 3
"[e]xcept as is expressly authorized by this code, a regulation, charter, or ordinance
promulgated by a government entity of this state may not impose stricter standards
on premises or businesses required to have a license or permit under this code than
are imposed on similar premises or businesses that are not required to have such a
license or permit."
This language essentially prevents a city from placing a restaurant that sells alcohol in a
different zoning district, or placing more restrictive terms and conditions on the restaurant that sells
alcohol (such as requiring an SUP, distance from protected uses, or limited hours of operation) than
it requires of restaurants that don't sell alcohol. The same prohibition would apply to any other use,
such as a convenience store that sells beer. Such a store would be subject to only the same
regulations that apply to a convenience store that doesn't sell alcohol.
Section 109.57(d) of the Code specifically allows the City to regulate, in a manner as
otherwise permitted by law, the location of an establishment that "derives 75 percent or more of the
establishment's gross revenue from the on- premise sale of alcoholic beverages" (typicallythis would
be a bar). While the term "on- premise sale" appears to apply regardless of whether the alcohol is
to be consumed on or off premises, the Texas Attorney General has issued an opinion that the term
"on- premise sale" means the same thing as "on- premise consumption." Under this interpretation,
the City could adopt special zoning regulations for bars, but not liquor stores. The City is preempted
from prohibiting bars altogether; however, the City may regulate them to a certain extent.
For the purposes of simplicity, I am referring to this provision as one that allows regulation
of the location of "bars." But understand that there are some businesses that you and I would
normally think of as a "bar" that might not actually meet the seventy -five percent threshold,
especially if the business is only selling beer as opposed to liquor. There is likely to be difficultly
in interpreting and applying an ordinance or regulation enacted under this provision. Specifically,
it can be difficult trying to factually ascertain or predict, if it is a new business, whether a certain
percentage of a business's gross revenue will come from the sale of alcohol. Even if it is an existing
business, owners might try to sell a number ofperipheral items or services, including cigarettes from
vending machines, games, pool tables, t- shirts; snacks etc., in order to get below the seventy -five
percent threshold. If the City desires to enact regulations under this provision, I believe it would be
wise to place in the ordinance the specific documentation required to be submitted with an
application showing a business's total gross revenue and gross revenue from alcohol.
Just as the power to require an SUP has been struck down, the City should be aware that any
impediment the City places on the ability of bars to locate in certain sections of the City is likely to
be challenged. The City is not preempted from doing so under Section 109.57 of the Code, but a
challenge may ensue nonetheless.
W:T_ennedale\LETTERS\Bob Hart (Alcohol Regulations).wpd
September 23, 2010
Page 4
Please feel free to contact me with any further questions regarding this matter.
ncerely,
J y Gravley
JG /ke
W:\Kennedale\LETTERS\Bob Hart (Alcohol Regulations).wpd
4.
'41 O ""
0 a "I T O PT v ro
O
A
0 O
O N O v a y A O
y
A
q
d
O
•0
•d tC
O
V O P 4 "'' A p N :� O �
°
5 �
v
W •�
.
T
„O, U b A y rx b e' U O
v w
a'>
b
d w
0 V N 7 h Q
N q
v p
0 0
2 ro
a N
� q ° �
N d
P4
O O
3
b td y O
0 0 O p A
°°
O. m . y
Q g C y a
b
❑ °
ro oO 0
v o N u
y
y O N N N U T° b go
0
'� °
d ti oo
a"i a
.a
❑
y U '0 tV .d VS
i+' A �•
PP
0
b0
� • v� Q'� O
O 9A
h a
43 w
o w o ^ °� 0 x
w
a a
8 o 8 g '° ° °
o �
yo ro o 0
O Nb
p
❑ � ❑ �
q b N O ni n� 0 0
P O
O
5
b
a a
`d, tC t ❑ d
❑q
cd t�tl U N y t+` • U ,q
> o
v 4n m
b b 0
p
0 a P h vz
a �� � oo�d
�'-
o�. 0
o� °. o• y o 0 1 p0
H
o o°
q °
° 41 O
U
v ❑° °'� 4 v R q T w
... O y O
O
q
w b °
M
•
U O t� N O
O
N
d
0A A o 'cy . q y �' OD •i7 b Q
A O ? O O A q •' '.� '� :d .� Vl
m
p
W
Q
O p tt�JJ
ti U 5 .
A
i
q
0 N O y W N O N
8u
N o q N O O A O
o o cn
°
O
'" v
.�
�
0 v a 'O � a�i a a � o
t 'o
o1
�
o
O
0 a "I T O PT v ro
O
A
v
T
V7 C
y
A
q
d
O
•0
•d tC
O
e� O y
5 �
v
W •�
.
a'>
b
d w
•� �n c
b Q
d 0
v p
0 0
2 ro
a N
� q ° �
O D A
W t
W q�
O O
3
b td y O
0 0 O p A
°°
O. m . y
o�;;°
❑ °
ro oO 0
v o N u
o. o
0
'� °
d ti oo
a"i a
.a
J;' t
. o
i+' A �•
PP
0
b0
� • v� Q'� O
O 9A
O T
�o'
V T A O Q w
F
� CQ' O N'
O �' A U0 OC4
oo �oQ
o O [w
O O
h Q
N
> o td AAA
b
o 1 o v
O O N U S
" az xx�p
4
o
�`°a�b
v v
10 i T y '� q
° O
E O q
N tC
"• T
0 a "I T O PT v ro
O
. 0 A
. d c
'°O O O O
W
O N O
q w O N
q a N q
O
•0
•d tC
O
e� O y
� .•�- p• YX �
A •p �d O
~ b
80
•� �n c
c o � ti
,0. O id '.0 >' 0
q v g
q � � B q y
42 o O U �+ b O
O ppN r p
B
0 4i
A, N n O n b ai q 'b
O O
b q
,
�b O Q •p U
o °v
N
� ,, N
v N q O I O 'G
° pg0009, 3o N z 0 05
a
r U tC N fL (� O eC
0
o v A itl o 4°. °'
yA ❑ O OA T '.� .
A O ttl 5 b O C�,p
N " V 9
t ob�o�. d b a.9b bq
R p O r o=— O' 'p O�' y U u c-4
o
o T M c,
q q 0 5 a
N a y a �y .q
0
W
N tC
"• T
d °
'0 C b O
R,
O
. 0 A
. d c
'°O O O O
W
O N O
q w O N
q a N q
•0
•d tC
o
O
L R
O
u � .L7 A
� .•�- p• YX �
O F- �
~ b
80
ON
o � ^�
•o � �
eo v a y C C U v
� ° v
� q ° �
O U GaT.I .0 y p
W v a, �
W q�
.n
U •p b' .
0
b td y O
0 0 O p A
°°
O. m . y
o�;;°
❑ °
ro oO 0
v o N u
o. o
0
'� °
°
.0 °
' O
•�
J;' t
. o
i+' A �•
PP
0
b0
� • v� Q'� O
O 9A
p ° aA a�
>5
'a °w .��
o� TS
o 0
a oCS
yo ro o 0
O Nb
p
" O
O
5
b
a a
•� n ❑
N' >
a .O g
> o
v 4n m
b b 0
p
0 a P h vz
O o p v
7a n dd
a
g � a
b q
O
W O
h ow°
O C y
ti � td O
a o0
O
v
A
z � � •
Wo o
�a
Ty i
�b o
CA a
N b
� X
a�0.1
a a
h
° a
Y O ^ N
A T q
N b N
:� ❑ T L
b q A
coo m a �iy b E P P'
rn
N �. o do z 0•`Z �+ o
yb �a
otrQ �77 gip"
0
:;�mov,t pow
0 •o .. g°oo��F� �r
a •�j, o ❑ ❑ p 8.�.��' a ate. �' ° @
rA CL
G U ' p O w � Q 0 p O O
p �i p Ry O
(ado 0 o pg .w f
—0 0 (� p O 9 C y
. o
v, p
0
° aw c �aG<m oZ a
w ° c r
Grapevine:
'Vinery
5 plus 1 for each 1,000 sq. ft. of production floor area
1 for each 50 sq. ft. of area designated to public assembly
1 for each 2 visitors, to be determined by the number of visitors per hour (visitors per hour determined by tour
frequency and tasting room capacity)
Plus 100% of any required parking for each additional use
Wine tasting facility
2 for each 3 persons (maximum occupant load for a building)
Placer County, CA:
Small Wineries. If public tasting is proposed, a minimum of five permanent parking spaces shall be provided.
Large Wineries. The minimum number of required parking spaces as indicated below shall be provided.
Areas for use by or for
One space per
patrons, including tasting
300 square feet
~ooms and reception
areas
Offices or administration
One space per
areas
300 square feet
Production, storage or
One space per
warehousing areas
1,500 square feet
Promotional event
One space per
parking
2.5
persons
Butte County, CA
C. Definitions: The following definitions shall apply in connection with the
interpretation and application of this Section:
(1) Small winery - commercial facilities: A commercial winery producing seven
thousand five hundred (7,500) or f ewer ca of wine per ye ar with on -site wine
grape production. Y ._�
(2) Large winery - commercial facilities: A commercial winery producing less than
fifteen thousand (15,000) cases, and more than seven thousand five hundred
(7,500) cases of wine per year with on -site wine grape production.
(3) Very large winery - commercial facilities: A commercial winery producing
fifteen thousand (15,000) or more cases of wine per year with on -site wine grape
production.
(4) Winery- industrial: A winery located on a parcel that has no active on -site wine
grape production.
Perhaps allow for two types of wineries, in addition to those found with vineyards:
Micro - winery: a facility meeting the definition of a winery as defined in this
10,000 square feet gross floor area [check square footage with James, other cities]
Winery: [use definition of winery with onsite vineyard]
Winery, industrial: [use definition of winery without onsite vineyard]
Micro - winery, retail or industrial: [for micro - wineries associated with restaurants]
Add also micro - brewery
From TABC:
section and having less than
C) , "A �
"Mixed beverage" means one or more servings of a beverage composed in whole or part of an alcoholic
beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or
sold by the holder of a mixed beverage permit, the holder of a daily temporary mixed beverage permit, the
holder of a caterer's permit, the holder of a mixed beverage late hours permit, the holder of a private club
registration permit, or the holder of a private club late hours permit.
Placer Co, CA defines winery as follows:
" "Small winery" refers to a winery with annua production less than twenty thou sand (20,000) cases."
"Winery" means a bonded winery facility comprising the building or buildings used to convert fruit juices (all
or part of which are produced on the property) to wine, and to age, bottle, store, distribute and sell said wine. A
winery, for the purposes of this section, includes crushing, fermenting and refermenting, bottling, blending, bulk
and bottle storage, aging, shipping, receiving, laboratory equipment and maintenance facilities, sales, and
administrative office functions, and may include tasting and promotional events.
San Joaquin Co, CA defines wineries as follows:
Large wineries shall be subject to the following development standards:
(a) Production Capacity. A large winery shall have a minimum production capacity of more than 555.1 tons of
grapes or approximately one hundred thousand (100,000) gallons of wine per year. One (1) case of wine is
equivalent to 2.377 gallons of wine and one (1) ton of grapes yields approximately one hundred eighty (180)
gallons of wine.
9- 1075.4 MEDIUM WINERIES.
Medium wineries shall be subject to the following development standards:
(a) Production Capacity. A medium winery shall have a minimum production capacity of two hundred one
(201) tons of grapes or approximately thirty -six thousand (36,000) gallons of wine and a maximum production
capacity of five hundred fifty -five (555) tons of grapes or approximately ninety -nine thousand nine hundred
ninety -nine (99,999) gallons of wine per year. One (1) case of wine is equivalent to 2.377 gallons of wine and
one (1) ton of grapes yields approximately one hundred eighty (180) gallons of wine.
Small wineries shall be subject to the following development standards:
(a) Production Capacity. A small winery shall have a minimum production capacity of 1.1 tons of grapes or
approximately two hundred one (201) gallons of wine and a maximum production capacity of two hundred (200)
tons of grapes or approx t hirty -six wine thousand gallo o f wine per year. One (1) case of wine is
equivalent to 2.377 gallons of and o ne (1 ton of grapes yields approximately one hundred eighty (180) gallons
of wine.
Boutique wineries shall be subject to the following development standards:
(a) Production Capacity. A boutique winery shall have a minimum production capacity of 1.1 tons of grapes or
approximatel two h one (2 01) gall of wine and a maximum production capacity of twenty (20) tons
of grapes or approximately three thousand six hundred (3,600) gallons of wine per year. One (1) case of wine is
equivalent to 2.377 gallons of wine and one (1) ton of grapes yields approximately one hundred eighty (180)
gallons of wine.
Solano County, CA defines winery as follows:
Winery. An agricultural processing facility used for the commercial purpose of processing grapes, berries, or
other fruit products, to produce wine or similar wine products. Processing includes wholesale sales, crushing,
fermentation and refermentation, blending, bottling, packaging, storage, aging, handling, shipping, and
receiving of such products. Includes related accessory uses such as: office, laboratory, wine tasking facilities,
retail sales of wine and other agricultural products produced on the premises or off -site by the winery operator,
retail sales of wine and agricultural related promotional and /or educational items, and winery tours.
Winery, small. A winery with annual production not exceeding 20,000 gallons, in bulk and bottles combined.
Winery, large. A winery with annual production greater than 20,000 gallons, in bulk and bottles combined.
' J,<
7_
�M
Date: October 14, 2010
Workshop Agenda Item No: III -A
Subject: Review and discuss Comprehensive Land -Use plan update process and Land Use
Composition
Originated by: Bob Hart
Summary: The newly adopted budget contained funding for an update to our comprehensive land
use plan. Based on our prior discussions and work, staff is recommending the city engage Halff and
Associates to lead the planning effort. Francois de Kock will be the principal in charge of the
Kennedale project. Francois will be present during the work session to discuss the project.
The work session is designed to discuss the project generally and to provide direction as to the task
force composition. In our cursory survey of other cities, we found most use task forces of 15 to 30
residents. Essentially, the task force should be composed of residents that represents a variety of
interest and would (a) give us a good idea of the community's concerns and ideas and (b) build
support from the community, since they would know it was their opinions that helped drive the comp
plan process. Hence, our recommendation would be to form a task force along the following:
■ 2 from city council (with one of the two serving as chair or both as co- chairs
■ 3 from P &Z (members and alternates)
■ 1 member from BOA
■ 1 or 2 members from the Parks and Recreation Board
■ 1 or 2 members from the EDC
■ at least 1 chamber of commerce or business community member
■ at least 1 realtor or developer familiar with Kennedale and with the region
■ 1 transportation planner or engineer (this could be from a P &Z alternate member or
elsewhere)
■ 1 YAC member
■ 1 member who is a long -time resident
■ 1 member who is anew resident
■ Non - voting: representative from COG
■ Non - voting: representative from Tarrant County
■ Neighborhood representatives:
Oak Crest or Gilman area
New Hope or Dick Price or Danny Drive area
Brookstone or Beacon Hill (Frederick White is willing to serve)
Pennsylvania or Oak Hill Park
Falcon Wood or Steeplechase
Swiney Hiett / Joplin area ( NOT Falcon Wood or Steeplechase)
Staff support will be led by Rachel Roberts with support from me and others.
Following your discussion and general direction as to the Task Force composition, an agenda item
will be posted at a future meeting to appoint the various members.
It is important to consider training for the task force. Jerry Miller raised the issue of training needs
that may be desired for the Task Force, such as Form Based Codes, Conservation Districts, etc.
Such training is not done through NCTCOG. Generally this sort of training is provided through the
Urban Land Institute, the Form Based Codes Institute, Placemakers for SmartCodes, or consultants.
Scott Polikov of Gateway Planning Group provides training for many of these organizations. We
have contacted him about providing training for our Task Force. He is willing to do so and appears
to be the most convenient and cost effective way to obtain such training.
The general scope of work will include a Comprehensive Plan Update, including a Village Creek
Concept Plan and a Trails Plan for the City (an amendment or update to the Parks Plan. A copy of
the proposal is included in the packet. It will be placed on the agenda for consideration in the near
future. The City has a grant application pending to help pay for an expanded study.
Recommendations: Staff recommends authorizing the city manager to execute the contract.
;;p HALFF
June 30, 2010
1008 -10 -7416
City Manager
405 Municipal Drive
Kennedale
Texas, 76060
Attention: Bob Hart
Re: Comprehensive Plan Update
Dear Mr. Hart:
1201 N. Bowser
Richardson, Texas 75081
(214) 346 -6200
Fax(214)739 -0095
Halff Associates is pleased to present the following proposal and fee schedule to provide
planning services for the City of Kennedale. This proposal includes the preparation of three items:
Comprehensive Plan Update, Village Creek Concept Plan, and a Trails Plan.
The Planning effort will be accomplished as follows: Exhibit `A', the Scope of Services describes
the various project tasks. Exhibit `B', the Basis of Compensation describes the Fee Structure.
The fees quoted in this proposal will be honored for up to 45 days from the date of this proposal.
Respectfully,
Francois de Kock
Senior Project Manager
Kennedale Comprehensive Plan Update — Exhibit A - Scope of Services Draft 06 -30 -2010
Halff Associates Inc. Page 1 of 12
MEN HALFF
City of Kennedale
Comprehensive Plan Update
Scope of Services
Introduction
Comprehensive Plan
1201 N. Bowser
Richardson, Texas 75081
(214) 346 -6200
Fax (214) 739 -0095
The City of Kennedale has tremendous potential to be developed into one of the prime destinations
in the DFW metroplex. Kennedale has easy access and is located right at the midpoint between the
downtowns of four surrounding cities including Fort Worth, Arlington, Mansfield and Burleson.
Historically, development seems to have "leapfrogged" Kennedale, but recent interest by developers
and a concerted effort by the City Council and staff have moved the City in a stronger position with
road improvements, park development and improvements to downtown Kennedale.
It is this "new energy" that necessitates the need for a new comprehensive plan to ensure the
implementation of sound planning principles that support new and sustainable growth for the City.
This Scope and Fee will produce such a comprehensive plan for the City.
Village Creek Concept Plan
Village Creek and its associated floodplain are severely impacted by various human activities. Other
than impacts on the riparian ecology, development that encroaches on the creek's floodplain has
resulted in flooding that cause severe damage to property along the creek. Halff Associates has a
project proposal underway whereby the US Army Corps of Engineers ( USACE) will help fund the
restoration and clean -up of the creek and its floodplain as it flows through Kennedale. The proposal
includes the suggested relocation of certain businesses and industries including salvage yards.
In anticipation of the approval of the project proposal to the USACE and in order to be ahead of the
curve, the City Manager of Kennedale foresees the need for a Concept Plan that describes
restoration and protection for Village Creek as it flows through the City. With current USACE
policies, it is anticipated that the USACE will support very little if any reclamation work within the 100
year floodplain. Consequently it is expected that the programmatic elements for the Village Creek
Restoration and Improvement area will be limited to low impact improvements including (but not
limited to) the following:
• Trails,
• Small structures - e.g. pavilions, look -out areas, and trail gateways,
• Protection of natural areas,
• Restoration of prairie and riparian vegetation,
• Passive parks — low impact and passive in character;
• Active parks - ball fields limited to areas already disturbed so as to minimize tree removal
and on relatively flat areas to minimize the need for grading.
Trails Plan
A Parks Master Plan was produced for the City of Kennedale in 2005. A cursory review reveals that
the plan does not include recommendations for specific trail alignments. Instead it refers generally
to the utilization of creek corridors for trails. The Comprehensive Plan Update provides the
opportunity to consider trail connections, which will be done by means of a Trails Plan for the City.
Kennedale Comprehensive Plan Update — Exhibit A - Scope of Services Draft 06 -30 -2010
Halff Associates Inc. Page 2 of 12
;;p HALFF
Exhibit A
City of Kennedale
Comprehensive Plan Update
Scope of Services
1201 N. Bowser
Richardson, Texas 75081
(214) 346 -6200
Fax (214) 739 -0095
The scope of work for this planning effort comprises the preparation of an update of the 2005 City of
Kennedale Comprehensive Land Use Plan, including public participation; a review of the existing
comprehensive plan; an update of existing conditions and projections; a review and
recommendations as appropriate of current zoning and subdivision regulations; a review and update
of the vision and goals; an update of plan elements (future land use, transportation, parks and
recreation); development of a new land use plan; and identification of specific implementation
strategies. One (1) final original copy of the plan will be printed, and five (5) copies will be provided
on CD -ROM. Original document digital files will be provided to the City of Kennedale in Word and /or
PDF formats.
PROJECT ASSUMPTIONS
The scope of services for this proposal has been prepared using the following assumptions as a basis for
its preparation:
1. The City of Kennedale will be referred to as City in this document, and Halff Associates Inc. will be
referred to as the Planning Team.
2. The project planning area will encompass the existing Kennedale city limits, and current
extraterritorial jurisdiction (ETJ).
3. The planning effort will build on the data assembled during the preparation of the currently approved
City of Kennedale Comprehensive Plan.
4. The City will appoint a contact person to work with the Planning Team, and to act as an intermediary
with the Planning Team, and other city, county and state government staff persons as required. The
Planning Team will take direction from the city- appointed contact person only.
5. The City will coordinate facilities, refreshments and advertising for all public meetings.
6. The City will provide information from all previous planning studies and master plans that may have
an affect on the outcome of the long -range City Comprehensive Plan. This information will be
provided in digital format when possible and available. This information may include, but not be
limited to, existing land -use plans; existing transportation and street master plans; existing water or
sanitary, sewer planning documents; economic and demographic studies; open space plans; other
pertinent planning or policy documents.
7. The City will provide the Planning Team with the most recently updated digital base map of the
planning area with city limit lines, school district lines, municipal utility district boundaries, roadway
centerlines (rights -of -way are optional), water and sewer facilities; dry utilities; public facilities
(including police, fire, hospital, library and other major public facilities); park and open space facilities;
and rivers, lakes and other major drainage ways for use and reference during the master plan
preparation process. These files will be in the form of GIS shape files as available.
8. Data gathering and stakeholder input planning activities will occur concurrently during the initial
phases of the plan preparation process. The extent to which either of these activities ultimately
proceeds will be determined from stakeholder input as the plan progresses.
9. Tasks prepared as part of this planning effort may occur concurrently where appropriate, or in some
cases may deviate from the sequence shown in this Scope of Services document.
Kennedale Comprehensive Plan Update — Exhibit A - Scope of Services Draft 06 -30 -2010
Halff Associates Inc. Page 3 of 12
®
1201 N. Bowser
mm HALFF
®�� Richardson, Texas 75081
(214) 346 -6200
Fax (214) 739 -0095
SCOPE OF SERVICES
The planning effort Scope of Services is shown below.
PHASE I PRE- PLANNING
Task 1.1 Project Initiation Meeting
a. The Planning Team will conduct a work session with City staff to accomplish several pre-
planning objectives, including:
• Become familiar with the project team structure and organization and arrive at a
complete understanding of the roles and responsibilities of all project participants.
• Establish the organizational hierarchy of the Planning Team and City staff related to
preparation and execution of the planning exercises.
• Identify the general program and parameters for planning efforts, including review of
criteria, methodology projected timeframe and schedule, and public input process.
• Identify key stakeholders in the community.
Product by Planning Team — Attend initiation meeting; produce a final work schedule.
Number of meetings — One (1)
Task Components by City of Kennedale Staff — Attend initiation meeting; review work
program tasks and schedule.
Task 1.2 Collect Studies and Data
a. The City staff will assemble relevant studies, GIS files, plans, and maps for the Planning
Team (in digital format where feasible) including but not limited to:
• Current Comprehensive Plan
• Land Use Plan
• Transportation Plan
• Parks Master Plan
• Downtown Planning information
• Development agreements
• Zoning map and regulations
• County subdivision regulations (if any)
• Subdivision regulations
• Capital Improvements Plan
• Current and prior budgets for upcoming and last three years
• Any other relevant planning or policy documents
• Relevant plans from adjacent cities (Mansfield, Burleson, Fort Worth and Arlington)
Product by Planning Team — List of studies and planning documents required of City.
Number of meetings — None
Task Components by City of Kennedale Staff— Provide digital copies of previous
comprehensive plan and all other plans and relevant studies.
Kennedale Comprehensive Plan Update — Exhibit A - Scope of Services Draft 06 -30 -2010
Halff Associates Inc. Page 4 of 12
HALFF'
1201 N. Bowser
Richardson, Texas 75081
(214) 346 -6200
Fax (214) 739 -0095
=PHASE II TECHNICAL ANALYSIS (BASELINE STUDIES)
Task 2.1 Review Existing Planning Documents
a. The Planning Team will review past or ongoing efforts that may influence the Comprehensive
Plan Update, including:
• Current Comprehensive Plan
• Land Use Plan
• Transportation Plan
• Parks Plan
• Downtown Plan
• Development agreements
• Zoning plan and regulations
• Subdivision regulations
• Capital Improvements Plan
• Current and prior budgets
Product by Planning Team — Summarize review findings of planning documents.
Number of meetings — None
Task Components by City of Kennedale Staff— Provide digital format of planning documents.
Task 2.2 Prepare Population and Demographic Review
a. Review available population estimates and projections, demographic data, and socio-
economic conditions from currently available sources, including the 2010 Census Bureau
information (if available in a timely fashion) and NCTCOG.
b. Update current population estimates to more accurately reflect current conditions in
Kennedale. Population projections will be based on those developed by others.
Product by Planning Team — Summarize demographic review in report format, including text,
tables, charts, images, and maps.
Number of meetings — None
Task Components by City of Kennedale Staff— Provide most recent population and
demographic data; provide data on recent growth patterns trends throughout the city; review and
comment on analysis.
Task 2.3 Conduct Baseline Analysis of the Following Elements
a. Existing Land Uses
• The Planning Team will establish baseline categories of land use types to be included,
and will submit to the City for review and approval.
• The Planning Team will conduct a windshield survey of the categories of land use. The
existing land use map will be updated to reflect current conditions.
• Compare the land use inventory with previous land use studies, as provided by the City,
to determine spatial changes in development patterns from the previous plan.
• Analyze the relationship among existing land uses, major roadways, and environmental
constraints and effect on potential future and uses.
Kennedale Comprehensive Plan Update — Exhibit A - Scope of Services Draft 06 -30 -2010
Halff Associates Inc. Page 5 of 12
HALF F'
1201 N. Bowser
Richardson, Texas 75081
(214) 346 -6200
Fax (214) 739 -0095
b. New Planned Developments
• Identify all planned developments, including those currently under construction or platted
but not yet developed.
• Compile information on planned developments, including proposed uses and other
information that may affect elements of the comprehensive plan.
c. Transportation
• Collect and review past transportation plans, traffic impact reports and other related
information.
• Update transportation map to reflect changes that have occurred since plan approval.
• Incorporate known future transportation initiatives for the area.
d. Parks and Recreation
• Update current level of service calculations and identify system deficiencies or surpluses.
e. Zoning, Subdivision, and Annexation Review
• Meet with the City staff regarding concerns and issues related to the updated zoning and
subdivision ordinances and development agreements
Product by Planning Team — Graphically depict baseline analysis on a map; summarize
baseline analysis and present findings to City for review.
Number of meetings — One (1) windshield survey
Task Components by City of Kennedale Staff— City to provide an inventory of land use,
housing, streets and roads, and all recreation facilities, ball fields and amenities present in each
City Park. Review and comment on findings of baseline analysis; review baseline analysis
maps.
Task 2.4 Baseline Analysis Report Review
a. Upon completion of the Technical Analysis, a conference call shall be scheduled with City
staff to review the Baseline Analysis Report.
Product by Planning Team — Baseline Analysis Report with text, tables, charts, images, and
maps summarizing results of Phase 2 analysis.
Number of meetings — One (1) conference call
Task Components by City of Kennedale Staff— Participate in conference call.
Kennedale Comprehensive Plan Update — Exhibit A - Scope of Services Draft 06 -30 -2010
Halff Associates Inc. Page 6 of 12
ONE HALFF
1201 N. Bowser
Richardson, Texas 75081
(214) 346 -6200
Fax (214) 739 -0095
Public participation is an essential component of the planning process. Not only does it make the
process more transparent, but it engages the community to create a plan that reflects their goals and
vision and generates support in the end product.
Meetings listed below are included in the fees for the planning effort. Additional meetings may be
conducted as an additional charge.
Task 3.1 Interviews with Key Stakeholders
a. Prepare a list of questions for interviews and stakeholder meetings.
b. Conduct a maximum of two (2) interviews with key stakeholder groups identified by City staff
in Phase I. Stakeholder meetings will be scheduled concurrently over a one day period.
c. Prepare written summary of each interview and stakeholder meeting.
Product by Planning Team — List of interview questions; summary of interviews and meetings.
Number of interviews — Two (2)
Task Components by City of Kennedale Staff— List of key stakeholders or entities for
interviews and meetings; schedule interviews and meetings; notify attendees; Staff to attend
interviews.
Task 3.2 Public Input Meetings/Workshops
a. A public input meeting is typically 3 hours long and is designed to gather ideas and input
from the public. Participants will break out into small group organized around plan elements
(housing, transportation, parks, etc) to discuss issues and work to develop a desired future.
b. Two public input meetings will be held over the duration of the planning process to gather
public input. The meeting will be held at a central citywide location.
Product by Planning Team — Agenda of public input meeting; facilitate all public input
meetings; facilitate small groups at public input meetings; prepare summary of all public input
findings for inclusion in comprehensive plan document.
Number of meetings — Two (2)
Task Components by City of Kennedale Staff — Publicize public input meetings; reserve
meeting space; assist in meeting planning and facilitation; review analyses provided by Planning
Team and comment as appropriate.
Kennedale Comprehensive Plan Update — Exhibit A - Scope of Services Draft 06 -30 -2010
Halff Associates Inc. Page 7 of 12
mom HALF F'
1201 N. Bowser
Richardson, Texas 75081
(214) 346 -6200
Fax (214) 739 -0095
PHASE IV COMPREHENSIVE PLAN UPDATE REVISIONS
Task 4.1 Plan Update Elements
a. Future Land Use Plan
• Develop future land use categories (if different from current categories) and review with
staff for comment and approval.
• Include and consider Kennedale Downtown as a distinct destination and the center of the
community.
• Produce future land use scenario based on existing land use ratios and population
projections.
• Review with staff and modify per comments received.
• Update mapping with land use projections.
b. Transportation
• Develop recommendations for planning purposes to include updates, future areas of
study, and right of way dedication ordinances to assist the City's future transportation .
needs.
• Update existing Thoroughfare Plan with street classifications.
• Update graphic map with transportation recommendations.
c. Parks and Recreation
• Recommend facility improvements, and associated order of magnitude cost, for each
recommendation.
• Based upon population projections and the future land use scenario, project potential
future facility requirements and general geographic areas of need.
• Prepare a ten -year summary action plan that prioritizes recreation facility needs.
• Recommend changes to the dedication ordinance and to operations as necessary.
• Incorporate concept and recommendations for Village Creek.
d. Trails Plan
• Incorporate the Trails Plan recommendations as part of the Comprehensive Plan Update.
e. Zoning, Subdivision and Developer Agreements
• Recommend potential code changes to better enable plan implementation.
• Identify potential city- initiated re- zonings to better achieve plan compliance.
Implementation
• Recommend updates to current five -year CIP and a twenty -year plan with long -range
objectives, based on Plan Update Elements and implementation.
• Prepare recommendations regarding revisions to the City's zoning and subdivision
ordinances.
• Incorporate recommendations regarding enhancing sustainability initiatives within the
City.
• Identify financial requirements associated with the proposed CIP.
• Identify potential funding sources and prepare recommendations regarding use fees and
other methods of financing required improvements.
• Provide general Citywide recommendations pertaining to rehabilitation and /or
preservation of existing neighborhoods.
• Prepare a policy and procedure for maintaining and updating the Comprehensive Plan.
• Prepare a report and exhibits describing the implementation plan.
Kennedale Comprehensive Plan Update — Exhibit A - Scope of Services Draft 06 -30 -2010
Halff Associates Inc. Page 8 of 12
" HALFF
1201 N. Bowser
��� Richardson, Texas 75081
(214) 346 -6200
Fax (214) 739 -0095
Task 4.2 Preliminary Draft Plan
a. Compile technical analysis and public participation results into a preliminary draft of the
comprehensive plan.
b. Submit one electronic copy for review by Staff.
c. Review draft over one working session with Staff.
Product by Planning Team — Preliminary draft of plan update; work with Staff to review draft
and make necessary modifications.
Number of meetings — One (1)
Task Components by City of Kennedale Staff— Schedule work session and reserve location;
distribute materials; notify attendees; attend if desired.
Task 4.3 Final Draft Plan
a. Incorporate staff comments and draft a final comprehensive plan document. Submit an
electronic copy for review by Staff.
Product by Planning Team — Final draft of plan update.
Number of meetings — None
Task Components by City of Kennedale Staff — Staff to receive and review final draft.
;PHASE V TRAILS PLAN
Task 5:1 Prepare a Trails Plan
a. Prepare a Trails Plan to be incorporated into the Comprehensive Master Plan Update. The
Trails Plan shall include the following steps:
A. Map key destinations including:
1)
Key city and civic facilities;
2)
Parks;
3)
Schools (by classification and type);
4)
Major retail /shopping /commercial centers;
5)
Key entertainment centers (i.e. Downtown);
6)
Key destinations in adjacent cities; and
7)
Key regional destinations as applicable.
B. Denote opportunities to create connections to key destinations where feasible.
C. Utilize natural drainage and riparian corridors and maximize R.O.W. property.
D. Map key linkages to trails /key destinations in adjacent cities.
E. The information compiled will be combined into a summary chapter of the
Comprehensive Plan Update report, suitable for review by City Staff and approval by City
Council.
1) Preparation of Report and Submittal of Draft to City Staff for review.
Kennedale Comprehensive Plan Qpdate — Exhibit A - Scope of Services Draft 06 -30 -2010
Halff Associates Inc. . Page 9 of 12
®;® HALFF
1201 N. Bowser
Richardson, Texas 75081
(214) 346 -6200
Fax (214) 739 -0095
2) As part of the Comprehensive Plan, conduct a final City Council public hearing.
Product by Planning Team — Prepare a draft for staff review. Upon approval, prepare the final
Trails Plan.
Number of meetings — Concurrently with Comprehensive Plan Update meetings.
Task Components by City of Kennedale Staff — Review and comment as appropriate.
PHASE VI VILLAGE CREEK CONCEPT PLAN
Task 6.1 Development of a Concept Plan
a. Prepare a Draft Concept Plan in sketch plan format that describes the restoration and
enhancement opportunities for the Village Creek corridor as it flows through the City of
Kennedale.
b. Submit one electronic copy for review by Staff.
c. Review draft during a conference call with Staff.
d. Excluded from this scope is a Hydrology and Hydraulics study and environmental restoration.
Product by Planning Team — Preliminary draft of plan update; work with Staff to review draft
and make necessary modifications.
Number of meetings — One (1) conference call
Task Components by City of Kennedale Staff— Participate in conference call to review
concept plan.
Task 6.2 Final Concept Plan
a. Based on comments and input received for the Draft Concept Plan, prepare the Final
Concept Plan for Village Creek corridor.
Product by Planning Team — Prepare a Concept Plan graphic of the Village Creek. Concept
Plan as it flows through Kennedale.
Number of meetings — Concurrently with Comprehensive Plan Update meetings
Task Components by City of Kennedale Staff— Review and approval of the concept plan.
Kennedale Comprehensive Plan Update — Exhibit A - Scope of Services Draft 06 -30 -2010
Halff Associates Inc. Page 10 of 12
MEN HALFF
1201 N. Bowser
Richardson, Texas 75081
(214) 346 -6200
Fax (214) 739 -0095
PHASE VII ` FINAL PLAN UPDATE ADOPTION AND PRODUCTION
Task 7.1 Planning and Zoning Commission Approval
a. Assist City staff to present the final draft plan to the Planning and Zoning Commission for
approval.
b. Submit one (1) final draft copy on CD for approval.
Product by Planning Team — Prepare final draft of plan update; attend commission meeting to
answer questions.
Number of meetings — One (1)
Task Components by City of Kennedale Staff— Present final draft of plan update to Planning
and Zoning Commission.
Task 7.2 City Council Adoption
a. Assist City staff to present the final draft plan to the City Council for adoption.
b. Submit one (1) final draft copy on CD for approval.
Product by Planning Team — Final draft of Comprehensive Plan Update; attend City Council
public hearing.
Number of meetings — One (1)
Task Components by City of Kennedale Staff— Present final draft of plan update to City
Council during a public hearing.
Task 7.3 Report Production
a. Following the presentation to City Council and adoption, the Planning Team will provide one
(1) final copy of the Plan report, five (5) copies on CD ROM.
Product by Planning Team — One (1) copy of final Plan; and five (5) CD Rom copies of the
report.
End of Scope of Services
Kennedale Comprehensive Plan Update — Exhibit A - Scope of Services Draft 06 -30 -2010
Halff Associates Inc. Page 11 of 12
®u® H,ALFFf
1201 N. Bowser
®NE Richardson, Texas 75081
(214) 346 -6200
Fax (214) 739 -0095
Exhibit B
Fee Schedule
KENNEDALE COMPREHENSIVE PLAN UPDATE
City of Kennedale, Texas
Fee Summary
Consultant fees for this project are based on a lump sum amount for tasks identified as a part of the
project. Efforts will be invoiced monthly, on a percent complete basis.
In accord with Exhibit A, the Scope of Services, our proposed fees to complete the project are as
follows:
Base Fees
Phases I II III IV and VII: $38,750
Phase V: Trails Plan $5,000
Phase VI: Village Creek Concept Plan $5,000
TOTAL BASE FEE
$48,750
Reimbursable Expenses — (estimated, may vary, not to exceed w/o prior approval) $1,000
1. Out of pocket expenses related to travel, mileage, courier expenses, printing, postage and
graphic reproduction shall be reimbursed at cost.
2. Reimbursable fee includes printing of one (1) final full color copy and five (5) CD's.
Kennedale Comprehensive Plan Update — Exhibit B — Fee Schedule Draft 06 -30 -2010
Halff Associates Inc. Page 12 of 12
(b) Outdoor Display. The placing of merchandise in an outdoor area that is open to the
general public when the merchandise on display is removed from its shipping package
and is representative of merchandise that is available for purchase inside the building
and /or is available for purchase by the general public directly from the display area.
(c) Outdoor Storage. The keeping, in an area outside of a building, of any goods,
materials, or merchandise in the same place for more than 24 hours, except for
merchandise placed in an area for outside display.
(Ord. No. 910 -05. Passed 7- 13 -05, eff. 8- 22 -05)
City of Kennedale
F-101 6; 1 Plat Application
APPLICANT NAME:
SUB-DIVISION NAME:.
LEGAL DESCRIPTION:
CURRENT ZONING:
BEING PLATTED AS:
�
OWNER OF RECORD: 6 C__
ADDRESS: 8 --'1 1-
PHONE: 8 1 7 -
�i
CITY: 4) STATE: 7;;* 2"$
zip: T& 4-c)
SURVEYORJVI� n
ADDRESS: W1
PHONE: 817 - 4-tof
CITY: — STATE: 2
zip:
ENGINEER:
ADDRESS:
PHONE:
CITY: STATE:
ZIP:
DEVELOPER: A
PHONES tr-:64i *7°)4
- ADDRESS:
CITY: —STATE:. 7'.r-.-.-
zip: C9 1
APPLICANT SIGNATURE:
DATE:
OWNER SIGNATURE:
DATE:
✓
SURVEYOR SIGNATURE: DATE:
ENGINEER SIGNATURE:
DATE:
DEVELOPER SIGNATURE:
DATE:
�.
a � > °• "t
City of Kennedale
Re -Plat Plat Check List
If the following is on the Preliminary Plat, please put an "X ", if it is not applicable please write in N /A.
GENERAL INFORMATION
Acceptable scale: 1" = 50', 1" = 100', or 1" = 200'.
North Arrow, graphic & written scale in close proximity
Vicinity Map
Appropriate Title, i.e. "Re -Plat Plat of..."
Title includes City, County, State, Survey Name, Total Gross Acreage, & Preparation Date
Name & Address of Owner of Record, Sub - divider, Engineer, Surveyor, & Planner
City Limits boundaries (where applicable)
Surveyor's certification'
Certificate of approval box for Planning and Zoning `Commission
ADJACENT PROPERTY (Within 100')
Adjacent Property, platted & unplatted property with legal description with owner of record, volume & page deed
recorded'
Existing Zoning label for plat and adjacent property,, i
Adjacen
Existing
Existing
PROPOSED)
Sub -divi
not)
Itility Easements labeled and dimensioned
if Way dimensioned
<s labeled in consecutive order"
labeled or noted
ning Changes labeled
Flood Plain Features shown
Page 1 of 2
Rachel Roberts
From: Bazbaz, Stephanie [Stephanie. Bazbaz @edelman.com]
Sent: Thursday, July 15, 2010 2:16 PM
To: Rachel Roberts
Subject: A Special Invitation from the Barnett Shale Energy Education Council
Hi Rachel,
Could you please forward this invitation to Chairman David Hunn, Ernest Harvey, Billy Simpson, Lori Bryan, Frank
Fernandez, Ray Cowan, Charles Overstreet, Jason Galloway and Lana Sather? I've been trying to get a hold of
their individual emails and I was told you were the person that could send this invite out to members of the
planning and zoning commission.
Thank you!
Stephanie Bazbaz
Ak
Barnett Shale
ner Education Council
Recognizing the community's need for more information about natural gas drilling and air quality,
the Barnett Shale Energy Education Council (BSEEC) commissioned an ambient air quality study to
provide the public with scientifically sound data and fact -based information surrounding air
emissions in the Barnett Shale. Yesterday, we released the full report, and we would like to share
the results with you. The full report can be found at bseec.org
You are cordially invited to attend a special presentation of the findings of the air
emissions study on Wednesday, July 21.
Featured presenters will include Doug Canter principal of TITAN Engineering and lead of the air
study, and American Board of Toxicology- certified toxicologist Janet Kester Ph.D., D.A.B.T.
Wednesday, July 21
11:30am- 1:00pm
City Club of Fort Worth
301 Commerce Street
Lunch will be served
Should you have any questions, please do not hesitate to contact us at 817- 338 -3305. Please RSVP
to facts @bseec.org
Due to limited space, this invitation is non - transferrable
Sincerely,
7/15/2010
Page 2 of 2
Ed Ireland, Ph. D.
Executive Director
Barnett Shale Energy Education Council
817 - 505 -9284
About the Barnett Shale Energy Education Council
The Barnett Shale Energy Education Council (BSEEC) is a non - profit community resource that
provides information to the public about natural gas drilling and production in the Barnett Shale
region in North Texas. Established in 2007, the members of BSEEC account for 90 percent of
natural gas production in the region and have established a commitment to the public to be honest,
communicate and perform in a way that minimizes the impacts on the environment and the
surrounding communities. Further, these companies have developed responsible principles and
operations.
The members of BSEEC are committed to developing the Barnett responsibly and ensure the
community's safety. Together, they have established Responsible Principles and Operations
outlining guidelines for air quality, sound mitigation, water management, safety and training,
minimizing surface impact and aesthetics
Stephanie Bazbaz
EDELMAN
701 Brazos Street, Suite 950 1 Austin, TX 78701 1 512.634.3643 office 1512.478.5335 fax 1 281.798.9211 mobile
www.edelman.com
PR Week's "2009 Agency of the Year"
7/15/2010
Work Session Roll Call
4 if present
./ Lori Bryan
/ Ray Cowan
V/ Frank Fernandez
t Z Ernest Harvey
,--' David Hunn
Charles Overstreet
Billy Simpson
AJason Galloway
O A (YI '
t-(t-d V-ej
A q c (d e
Staff Report
To the Members of the Planning and Zoning Commission
Date: October 5, 2010
Regular Meeting/ VI
Public Hearing Agenda Item No:
Subject: Minutes
Originated by: Rachel Roberts, Planner
Following this report is a draft of the minutes from the September 2010 meeting for
your review and consideration for approval.
1
Regular Meeting & Public Hearing Roll Call
if present
Lori Bryan
Ray Cowan
Frank Fernandez
Ernest Harvey
_David Hunn
0,0'VVLk Charles Overstreet
Billy Simpson
0�-e -0 - - 0
0� S Jason Galloway
V Thomas Pirtle
Work Session Roll Call M
if present
Lori Bryan
V Ray Cowan
V Frank Fernandez
Ernest Harvey
V David Hunn
Charles Overstreet
Billy Simpson
ckaud (4�
Jason Galloway
V Thomas Pirtle