11.18.2010 PZ PacketAGENDA
PLANNING & ZONING COMMISSION
NOVEMBER 18, 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. Branding & Imaging Task Force — Progress Report
B. Comprehensive Land Use Plan Update
C. Discussion on ambiguity in outside storage, outdoor display regulations
D. 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
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. MINUTES
Approval of minutes from the October 2010 Planning & Zoning Commission meeting
IV. STAFF REPORTS
Update on city projects
V. ADJOURNMENT
Page 1 of 1
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 18 day of
November 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 (l t-1 day of November 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 o the general public at all times, and
said Notice was posted on November II, 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 November 2010.
By: Rachel Roberts
Rachel Roberts
Planner
..- %V/VEa4LE
December 1, 2010
City Of Kennedale
405 Municipal Dr
Kennedale, TX 76060
Dear City Of Kennedale,
The Kennedale Planning and Zoning Commission will conduct a Public Hearing on
Thursday, December 16, 2010 at 7:00 PM in the City Hall Council Chambers at 405 Municipal
Drive to receive comments relative to a request for a rezoning of the property described below.
CASE # PZ 10 -16 to receive comments and consider a request for a zone change
of approximately 0.2 acres at Tr 3E Abst 1260 Jesse B Renfro Survey (100 E
Kennedale Pkwy) from "C2" General Commercial to "Cl" Restricted
Commercial. The zone change is requested by Alnasir Dhalla of Lanar, Inc..
Any interested person will be allowed to appear and speak at the public hearing. The
Planning and Zoning Commission is a recommending body only; the City Council is authorized
to approve or deny the request and will hold a public hearing in the City Hall Council Chambers
during its regular meeting in January 2011.
This is not a summons to appear at the Public Hearing, but if you wish to attend, you will
have the opportunity to speak either in favor of or against the request for a Zone Change.
If you have any questions, please feel free to call me at (817) 985 -2135.
Sincerely,
Rachel Roberts
Planner
405 Municipal Drive www.cityofkennedale.com PH 817.985.2130
Kennedale, TX 76060 FX 817.483.0720
Staff Repoli
to the Members of the Planning & Zoning Commission
Date:
November 7, 2010
Regular Meeting/Public Hearing
Item No: I -A
Subject: Branding & Imaging Task Force Update
Originated by: Rachel Roberts, Planner
Reed Iwami and Bryan Scott from World Web Resources will give a presentation
about the progress of the Branding & Imaging Task Force. The task force has been
discussing the city's mission, vision, and logo.
Staff Re p oll
to the Members of the Planning & Zoning Commission
Date: I November 7, 2010
Regular Meeting/Public Hearing
Item No: I -B
Subject: Comprehensive Land Use Plan
Originated by: Rachel Roberts, Planner
The city council authorized the city manager to execute a contract with Halff &
Associates for the comprehensive land use plan update. The council also discussed
the makeup of the comprehensive plan advisory committee. The council is
accepting applications for service on the advisory committee; if you are interested in
serving on the committee, please let me know, and we will send you the application.
According to the scope of services approved by the council, the advisory committee
will meet two times during the plan update process, with the first meeting likely to be
held in January.
We are checking with the city attorney about what we can enforce now and what
changes he suggests we so that the ordinance better addresses the city's concerns and goals.
Chapter 12. Miscellaneous Provisions and Offenses.
Sec. 12 -4. - Outdoor display of merchandise.
(a) It shall be unlawful for any person to display any goods, wares or merchandise for sale
[emphasis added] 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.
Chapter 4. Buildings and Building Regulations.
Sec. 4-201. Definitions
Outdoor /outside storage means the keeping or storing as an accessory/incidental use of any
merchandise ( items intended for sale [emphasis added] service, lease, or rent), equipment,
machinery, commodities, raw or semi - finished materials, wrecked or dismantled vehicles, and /or
building materials which are not within a fully enclosed building. Other types of waste /surplus
materials, such as construction /demolition byproducts (e.g., carpet remnants, scrap
lumber /metal /masonry materials, leftover /surplus display shelving components or other
furnishings, demolition materials, etc.), shipping materials (e.g., boxes, foam packaging, pallets,
etc.), automotive components (e.g., old tires, salvaged parts, etc.), and other similar byproducts
are not generally considered to be included under this definition and must be properly disposed
of (i.e., removed from the site; not stored) in a timely manner.
Staff Report
to the Members of the Planning '& Zoning Commission
Date: I November 9, 2010
Work Session Agenda Item No.: I -C
Subject: Inconsistent regulations on outside storage and outside display
Originated by: Rachel Roberts, Planner
The Commission recently revised the city's outside storage requirements, intending to
improve how displays are done by businesses here. However, we missed some parts of the
code when reviewing our existing ordinance and now there are inconsistencies, namely,
definitions for "outside storage" and "outside display" both include items intended for sale. This
overlap makes it harder for us to enforce the city code concerning storage and display outside.
Both definitions are typed below, for your reference. As you'll see, the definition we
created for outside storage is in conflict with the definition for outdoor display, as both definitions
include items intended for sale I believe the definition and regulations for "outside storage" are
intended to prohibit the use of the outdoors for storing materials that will eventually be sold
indoors. In other words, instead of building a warehouse, the business owner simply stores
everything outside, and this is the kind of activity the recent ordinance amendment is intended
to prohibit. I believe outside display was seen more as a way of drawing customers to a store
by displaying some of the business' wares available for sale, but these items would not be
stored outside indefinitely. The intent in these cases is display, not storage. The items would
be brought inside at the close of business each day. The outdoor display definition addresses
this issue, stating that items may only be outside during hours when the business is open and a
representative or agent of the business is on site.
Date:
November 7, 2010
Work Session Agenda Item No:
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
Date: November 7, 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 October 2010 meeting for your
review and consideration for approval.
Date: November 7, 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 and TownCenter, at the meeting.
ORDINANCE NO. 467
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 THE
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 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 and consumption of alcoholic beverages;
and
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City
has adopted a comprehensive zoning ordinance and map regulating the location and
use of buildings, other structures and land for business, industrial, residential or other
purposes, for the purpose of promoting the public health, safety, morals and general
welfare, all in accordance with a comprehensive plan; and
WHEREAS, additions to the zoning ordinance definitions and schedule of uses
tables has been made necessary due to the approval of alcohol sales in the City; and
WHEREAS, a public hearing was duly held by the Planning and Zoning
Commission of the City of Kennedale on October 21, 2010 and by the City Council of
the City of Kennedale on November 11, 2010, with respect to the zoning amendments
approved herein; and
WHEREAS, all requirements of law dealing with notice to other property owners,
publication and all procedural requirements have been complied with in accordance with
Chapter 211 of the Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
Page 1
SECTION 1.
The Kennedale City 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 article shall be construed or interpreted to conflict with the
V.T.C.A., Alcoholic Beverage Code. The provisions of this article 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 article and under state law only where
the constitution and the general law of this state confer such jurisdiction thereon.
Sec. 11 -270. Definitions
In this article:
"Alcoholic beverage" shall mean alcohol or any beverage containing more than one -half
(Y2) of one (1) percent of alcohol by volume, which is capable of use for beverage
purposes, either alone or when diluted.
"Food" shall mean 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" shall mean 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, 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.
"Private School" shall mean 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.
Sec. 11 -271. Materials Required and City Fee Required.
(a) 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
Page 2
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, public hospital, or day -care center and child -care facility as
those terms are defined in V.T.C.A. Human Resources Code § 42.002. 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, public hospital, or day -care center and child -care facility
as those terms are defined in V.T.C.A. Human Resources Code § 42.002 and any
deficiencies in the building proposed or planned for use.
(b) The City hereby levie s
manufacture, store or deliver
located within the City, to th e
Code § 11.38.
and shall collect a fee for
liquor, wine or beer for each
fullest extent authorized by
every state permit to sell,
permit issued for premises
Texas Alcoholic Beverage
(1) The fee shall be one -half of the charge made by the state for each state
permit or the maximum amount permitted by law, whichever is greater.
(2) The following shall be exempt from the fee authorized by this section:
a. agent's, airline beverage, passenger train beverage, industrial,
carrier's, private carrier's, private club registration, local cartage,
storage, and temporary wine and beer retailer's permits;
b. a wine and beer retailer's permit issued for a dining, buffet, or club
car; and
C. mixed beverage permit during the three -year period following the
issuance of the state permit.
(c) The City hereby levies and shall collect a fee for the holder of every state license
to sell, manufacture, store or deliver liquor, wine or beer for each license issued for
premises located within the City, to the fullest extent authorized by Texas Alcoholic
Beverage Code §61.36. The fee shall be one -half of the charge made by the state for
each state license or the maximum amount permitted by law, whichever is greater.
(d) The city permit and license fee required by this section shall be collected in full
on the same cycle as state permit fee, every two years.
(e) Notwithstanding Section 11- 271(d), the city fee for the mixed beverage permit
(including mixed beverage restaurant permit with food and beverage) shall be collected
in the beginning of the third year after the issuance of the state permit and shall be
collected again upon the second renewal with the state. From thereon, the city fee for
Page 3
the mixed beverage permit is due in full on the same cycle as the renewal for the state
permit, every two years..
(f) The city secretary shall report to the Texas Alcoholic Beverage Commission any
state licensee or state permittee who sells an alcoholic beverage who has not paid a fee
levied under this section.
(g) A holder of a state permit or license to sell, manufacture, store or deliver liquor,
wine or beer who sells an alcoholic beverage in the City without first having paid a fee
levied under this section commits a misdemeanor punishable by a fine of not less than
$10 nor more than $200.
(h) Upon approval of the application and payment of the city fee prescribed, the city
secretary shall issue a receipt 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.
(i) No refund of any fee paid to the City under the terms of this section 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 -272. Objections to issuance of state license or state permit.
If from the city secretary's examination, it appears that a holder of a permit or
license to sell, manufacture, store or deliver liquor, wine or beer is disqualified for a
state permit, or that the permittee's or licensee's place of business is inadequate,
unsafe, unsanitary or does not comply with the terms of this article 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. 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 by January 15 every year. The affidavit shall contain a breakdown
between the gross sales of the establishment not including the gross sales of alcoholic
beverages and the gross sales of alcoholic beverages.
Page 4.
Sec. 11 -274. 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 three
hundred feet of a church, public or private school, or public hospital.
(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) Subsection (a) 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.
(e) Subsection (a) of this section does not apply to the holder of:
(1) A retail on- premises consumption
of the gross receipts for the pr
alcoholic beverages; or
permit or license if less than 50 percent
;mises is from the sale or service of
(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.
(f) To the extent applicable under V.T.C.A. Alcohol Beverage Code § 109.331, the
provisions of subsection (a) 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.
Page 5
(g) 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.
SECTION 2.
Section 11 -4(b) of the Kennedale City Code shall be amended to read as follows:
(b) A "bar" is defined as an establishment or facility that derives 75 percent or more
of its gross revenue from the on- premises sale of alcoholic beverages.
SECTION 3.
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. Temporary retail sales of alcohol associated with special events and
events held on City -owned property are exempt from this definition.
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.
Micro - winery, with vineyard means a Winery, with vineyard as defined by this
section, with annual production not exceeding 20,000 gallons, in bulk and bottles
combined.
Page 6
Winery, without vineyard means a facility, without an onsite vineyard, used for
manufacturing, bottling, labeling and packaging of wine containing not more than 24
percent alcohol by volume from grapes, fruits and berries, and to include the
manufacturing and importation of grape brandy for fortifying purposes only, and Winery,
without vineyard further means 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. 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, subject to all
other sections of the city code regulating such uses.
Micro - winery, without vineyard means a Winery, without vineyard as defined in this
section, with annual production not exceeding 20,000 gallons, in bulk and bottles
combined.
Micro - brewery means a facility for manufacturing, bottling, labeling and packaging
of beer, ale, or malt liquor, with annual production not exceeding 20,000 gallons.
SECTION 4.
Section 17 -421 of the Kennedale City Code is hereby amended by adding and
amending uses in the Schedule of Uses, as follows:
See attached Exhibit "A"
SECTION 5.
PENALTY FOR VIOLATION
Except as otherwise provided in this Ordinance, 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 6.
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 zoning, licenses, taxation, and businesses,
or sale or consumption of alcoholic beverages, 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.
Page 7
SECTION 7.
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 8.
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 affecting 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 be prosecuted until final
disposition by the courts.
SECTION 9.
This ordinance shall be in full force and effect from and after its passage and
publication and it is so ordained.
PASSED AND APPROVED this 11 day of November, 2010.
Mayor, Bryan Lankhorst
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Page 8
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ZONING CHANGES
PROCEDURE /PROCESS FOR ZONE CHANGES
APPLICATION FOR ZONING CHANGES
PROCEDURE /PROCESS FOR REQUESTING A ZONE CHANGE
1. Complete and submit the "Petition for Change of Zoning Classification" form, provided by
the City of Kennedale.
2. Attach to the Petition, Exhibit "A" which is a Legal Description of the property, identified by
Metes and Bounds as determined by a registered surveyor.
3. Attach to the petition Exhibit "B" which is a map of the vicinity in which the property is
located, and on which the property to be re -zoned is clearly identified by highlighter or by
heavy lines. (City Staff can provide a copy of that portion of the City of Kennedale's zoning
map, which applies, if so requested.)
4. Applicant shall attach, as part of his application packet, payment for the zone change
request fee, which is $500.00 for 0 -10 acres or $1,500.00 for 10 or more acres.
5. The Zone change request will be reviewed by both the Planning and Zoning Commission
and City Council - each will conduct a Public Hearing prior to rendering their decision. The
Planning and Zoning Commission meets on the third Thursday of each month. Planning
and Zoning Commission review must precede City Council action.
6. Applicants shall submit his "Petition for Change of Zoning Classification" packet along with
required exhibits and fee to the Permits /Planning Department at least thirty -five (35) days
prior to the Planning and Zoning Commission meeting date. The applicant and property
owners within two - hundred (200) feet of the site to be considered for a Zoning Change will
be advised of the Public Hearing dates by U.S. Mail and Public Notice of same will appear
in the City's official newspaper.
** An example of items 1 through 3 above is provided as part of this packet. **
PETITION FOR
CHANGE OF ZONING CLASSIFICATION
ZONING CASE # Pz 10 — I (P
DATE:
City Council
City of Kennedale
Kennedale, Texas 76060
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL:
You are hereby respectfully requested to approve the following request for a change of zoning
classification.
To change the zoning classification of the property described on Exhibit "A" attached, from it's
current zoning classification of " C-. " ( ) to that of " 0, 1 "
( ) in it's entirety as shown on Exhibit "B" attached. The property totals
some o . a acres.
Legal Description is 7C)5( 6 e yrf(o F I �� -�I g(a 0 Ty 3 ,5
Present use of the property is L o t-- *J l C- N 5 T o� w iT H ST 0 7 1 D t -J
Address of the property is ° o C lx.� 0 t 9A 1-E f V - , - J I
Property Owner's Name: fir N A5 l it- J> N RL-L4
Address: V3 °1 5ajT itz%94 c- CT
O orlrH P—; K LAS t o "rX .. - 7 6 1 $ `L
Telephone Number:
Applicant's Name:
Address:
Telephone Number: 1 -r a�aJe
THIS IS TO CERTIFY THAT � L a A 5' 1 R- -- HA U—A- IS THE SOLE
OWNER(98 OF THE PROPERTY bESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT
"B ", ON THE DATE OF THIS APPLICATION.
wner ignature
Owner Signature
ZONING REGULATIONS
SECTION 17 -429. AMENDMENTS
(a) Genera /. The zoning regulations, restrictions and boundaries may from time to time be
amended, supplemented, changes, modified or repealed. An amendment to this
article may be initiated at the request of the owner or his or her agent, the City
Manager, the Planning and Zoning Commission, or the City Council on its own motion
when it finds that the public may benefit from the consideration of such matter.
(b) Procedure. All requests for amendments to zoning district boundaries shall be
submitted, together with required fees to the city manager or his or her designated
administrative official, whom shall cause notices to be sent and the petition placed on
the Planning and Zoning Commission agenda. Requests for changes in zoning
districts shall include the proposed designation or designations for the area concerned.
Alternative proposals may be made at the time of filing the original request for
amendment, however all hearings and deliberations shall be limited to the request as
submitted by the applicant at the time of original filing.
(c) Posting sign. The city manager, or his or her designated administrative official, shall
have at least one (1) sign erected on the property to be rezoned which sign shall have
a total area of at least four (4) square feet. This sign shall, if possible, be located
adjacent to a street and in a conspicuous place. The sign shall be erected on or before
the first date of the first notice to property owners and shall be removed immediately
after final action by the City Council or when the applicant withdraws the request,
whichever comes first. The sign shall state that a zoning change has been requested
on that particular property and the telephone number of the city offices from where
dates of public hearings and more information about the zoning request may be
obtained. The erection or continued maintenance of signs shall not be deemed a
condition precedent to the granting of any zoning change or holding of any public
hearing.
(d) Hearings and notices. The City Council may from time to time amend, supplement or
change by ordinance the boundaries of the districts or the regulations herein
established after receiving a report thereon from the Planning and Zoning Commission.
A public hearing on amendment, supplement, or change shall be held by both the
Planning and Zoning Commission and the City Council. Notice of hearings shall be
given by publication one (1) time in the official newspaper of the city, stating the time
and place of such hearing, which time shall not be earlier than fifteen (15) days from
the date of publication. Publication of such change shall be accomplished by
publishing a descriptive caption of the proposed change. Also, written notice of such
public hearings shall be sent to the applicant and all other persons who are owners of
real property lying within two hundred (200) feet of the property on which the zoning
request is made. Such notice shall be given no less than ten (10) days before the date
set for hearing to all such owners who have rendered their said property for city taxes
as the ownership appears on the last city tax roll. Such notice may be serviced by
depositing the same properly addressed and postage addressed and postage paid in
the United States post office.
ZONING REGULATIONS
SECTION 17 -429. AMENDMENTS
(a) Genera /. The zoning regulations, restrictions and boundaries may from time to time be
amended, supplemented, changes, modified or repealed. An amendment to this
article may be initiated at the request of the owner or his or her agent, the City
Manager, the Planning and Zoning Commission, or the City Council on its own motion
when it finds that the public may benefit from the consideration of such matter.
(b) Procedure. All requests for amendments to zoning district boundaries shall be
submitted, together with required fees to the city manager or his or her designated
administrative official, whom shall cause notices to be sent and the petition placed on
the Planning and Zoning Commission agenda. Requests for changes in zoning
districts shall include the proposed designation or designations for the area concerned.
Alternative proposals may be made at the time of filing the original request for
amendment, however all hearings and deliberations shall be limited to the request as
submitted by the applicant at the time of original filing.
(c) Posting sign. The city manager, or his or her designated administrative official, shall
have at least one (1) sign erected on the property to be rezoned which sign shall have
a total area of at least four (4) square feet. This sign shall, if possible, be located
adjacent to a street and in a conspicuous place. The sign shall be erected on or before
the first date of the first notice to property owners and shall be removed immediately
after final action by the City Council or when the applicant withdraws the request,
whichever comes first. The sign shall state that a zoning change has been requested
on that particular property and the telephone number of the city offices from where
dates of public hearings and more information about the zoning request may be
obtained. The erection or continued maintenance of signs shall not be deemed a
condition precedent to the granting of any zoning change or holding of any public
hearing.
(d) Hearings and notices. The City Council may from time to time amend, supplement or
change by ordinance the boundaries of the districts or the regulations herein
established after receiving a report thereon from the Planning and Zoning Commission.
A public hearing on amendment, supplement, or change shall be held by both the
Planning and Zoning Commission and the City Council. Notice of hearings shall be
given by publication one (1) time in the official newspaper of the city, stating the time
and place of such hearing, which time shall not be earlier than fifteen (15) days from
the date of publication. Publication of such change shall be accomplished by
publishing a descriptive caption of the proposed change. Also, written notice of such
public hearings shall be sent to the applicant and all other persons who are owners of
real property lying within two hundred (200) feet of the property on which the zoning
request is made. Such notice shall be given no less than ten (10) days before the date
set for hearing to all such owners who have rendered their said property for city taxes
as the ownership appears on the last city tax roll. Such notice may be serviced by
depositing the same properly addressed and postage addressed and postage paid in
the United States post office.
(e) Planning and Zoning Commission consideration and report. The Planning and Zoning
Commission, after conducting a hearing on a zoning request, shall report its
recommendations on the zoning request to the City Council for their consideration.
The Planning and Zoning Commission may recommend favorable approval of the
request or that the request be denied, with or without prejudice. The recommendation
of the Planning and Zoning Commission shall automatically be forwarded to the City
Council for public hearing and consideration. When the Planning and Zoning
Commission recommends that the proposal should be denied, it shall report the same
to the City Council and the applicant.
(f) Application not to be considered for ninety (90) days after denial of request for
rezoning. No application for rezoning shall be considered within ninety (90) days of
denial of a request by City Council for the same classification on the same property.
(g) Protest against change. In case of a protest against such change signed by the
owners of twenty (20) percent or more either of the land included in such proposed
change, or of the land within two hundred (200) feet thereof, such amendment shall not
become effective except by the favorable vote of three - quarter (3/4) of all the members
of the City Council present and qualified to vote.
(h) Action on application. The proponent of any zoning change shall satisfy the City
Council that either the general welfare of all the city affected by the area to be changed
will be enhanced, or that the property is unusable for the purposes allowed under
existing zoning. If such is proved to the council's satisfaction, it may grant the
requested zoning change; or it may change the zone's designation of a portion of such
property; or it may initiate a request to consider changing all or a portion of such
property to a district other than the requested and of a different character.
(i) Site plan and supporting documents required, petition for zoning district change or
specific use permit. When, in the opinion of the city administrator or his or her
designated official, the Planning and Zoning Commission, the City Council, or the
Board of Adjustment, greater information is required from the applicant concerning the
nature, extent and impact of his or her request than supplied with his or her application
for a change in zoning, variance, or specific use permit, in order to properly review and
evaluate all relevant factors thereof, the Planning and Zoning Commission, City
Council, or the Board of Adjustment may require the applicant to submit a site plan
and /or supporting documents conforming with all or a portion of the requirements set
forth in this section, prior to rendering a decision thereon. The applicant is encouraged
to meet with the city administrator or his or her designated official in an informal work
session to ascertain the exact extent of plans and documents required, if any, prior to
the city initiating the advertisement for public hearing on the petition. The general type
and extent of plans and supporting documents which may be required of the petitioner
include, but are not necessarily limited to:
(1) Site plan. Meeting all of the requirements of a "preliminary plat," as described in
the city's subdivision regulations, except that topographic and drainage map
information provisions may be waived by the reviewing body when the inclusion of
such data would not materially contribute to the necessary evaluation of the
project's petition. Additional site plan drawing information which the reviewing
body may require include:
a. Existing and proposed zoning district;
b. A tabular summary schedule indicating:
1. The gross acreage and percent of each type of zoning category
proposed;
2. The gross acreage and percent of each type of land use proposed, with
streets and open space categories listed separately, and residential uses
further stratified as to type, i.e., single - family, two- family, multi - family,
townhouse, etc., including the total gross project acreage;
3. The gross residential density of each type of residential land use
proposed, expressed in. dwelling units per acre; and based on net
residential land use plus one -half (1/2) of any abutting street only;
4. The quantitative number of dwelling units proposed for each residential
dwelling type, i.e., single - family, two- family, etc.; and
5. Proposed maximum lot coverage by building and land use types, i.e.,
"AG," "R -1," "R -2," "OT," "D," "MF," C -1," "C -2," and "I" expressed in terms
of percent or floor area ratio of the lot or site;
c. General outline of extensive tree cover areas;
d. Drainage ways and one - hundred year floodplain limits;
e. Proposed treatment for screening the perimeter of the land embraced by the
petition, including screening of internal separations of land use, where
required;
f. Proposed internal non - vehicular circulation linkages, such as: pedestrian
paths and hike trails; bike trails; and equestrian bridle paths, where
applicable, including their interrelationships with vehicular circulation systems
and proposed handling of points of conflict; and
(2) Architectural drawings. Elevations, concept sketches, or renderings depicting
building types and other significant proposed improvements, including the
treatment and use of open spaces, etc., where the submission of such drawings
would more clearly portray the nature and character of the applicant's land use
and development proposals; and
(3) Written documents. In narrative form on eight and one -half inch by eleven -inch
sheets, including;
a. Statement (s) on planning objectives to be achieved in use /development
proposal, including a narrative description of the character of the proposed
development and rationale behind the assumptions and choices made by the
applicant, including use and ownership of open spaces, etc.;
b. Legal description of the total site area proposed for rezoning, development, or
conditional use permit;
c. A development schedule indicating the approximate date (s) when -
construction of the proposed development, and subsequent stages or phases
thereof, if any, can be expected to begin and be completed to the best of the
applicant's knowledge and belief;
d. A statement as to the present and proposed ownership of the site or parcels
thereof embraced by the application;
e. Economic feasibility and /or market analysis studies, when deemed necessary
by the reviewing body to adequately assess the necessity for zoning certain
parcels to the sizes indicated by the applicant, or to evaluate the need for
granting a conditional use permit;
Environment assessment statement, prepared pursuant to the National
Environmental Policy Act of 1969, and any subsequent amendments thereto,
when deemed necessary by the reviewing body to properly assess the impact
of the proposed development/land use on the existing environment;
g. Statement(s) as to how and when the applicant proposes to provide water and
sewer to the development; and
h. Signature, title and date of the applicant, at the conclusion of the written
documents certifying the information presented in the plans and supporting
documents reflecting a reasonably accurate portrayal of the general nature
and character of the proposals.
PETITION FOR
CHANGE OF ZONING CLASSIFICATION
DATE: Pas" 21, 1992
City Council
City of Kennedale
Kennedale, Texas 76060
ZONING CASE #
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL:
You are hereby respectfully requested to approve the f lowing request
classification.
The
zoning
hed, from it's
r 702 acres.
04 a
Telephone Number:
4.14
Tele
THIS IS TO CERTIFY THAT Va a sm a4 IS THE SOLE
OWNER(S) OF THE PROPERTY DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT
"B ", ON THE DATE OF THIS APPLICATION.
57wd sma4
Owner Signature Owner Signature
E .
{
STATE OF TEXAS { }
COUNTY OF TARRANT { }
THAT, WHEREAS, Fred I. Smith is the owner of a tract of land in the David Strickland Survey,
Abstract No. 1376, Tarrant County, Texas, and being a portion of Swiney Esta , and Addition
to the City of Kennedale, Tarrant County, Texas, according to plat recorde lume 388 -10,
Page 93, Plat Records, Tarrant County, Texas, and according to dee rded in Volume
8977, Page 830, Deed Records, Tarrant County, Texas, and being _ ribed by etes as
follows:
BEGINNING at a 112 "iron pin found in the West line of Bowman Springs point bein
the Northeast corner of Lot 1, Block 1, Swiney Estates, said Point also e_ Southe
corner of Lot 1 -B, Block 1, A & A Addition according to p at recorded in Vol 8 54, , -
59, Plat Records, Tarrant County, Texas;
THENCE South 00 degrees 03 minutes 04 seco Wes the West line o � owman
Springs Road and the East line of said Bloc eet 112" iron p' and at the
Northeast corner of a 2.4 acre tract of land re in a 69 ge 1 ed Records,
Tarrant County, Texas;
THENCE South 88 degrees 48 minut s 51 ds W - ong the Nort ine of said 2.4 acre
tract 500.86 feet to a 3/8" iron pin fo t its N ner:
THENCE South 88 degrees 55 mina - onds 255.30 feet to a 1/2" iron pin found at
the Southeast corner of a tract of Ian c in a 6932, Page 1721, Deed Records,
Tarrant County, Texas;
THENCE North 00 degre t s24 - and t 377.66 feet to a 1/2" iron pin found at
the Northeast corner of sa c ei . in the outh line of a 2.21 acre tract of land
recorded in Volume 8733, Pag De ds, Tarrant County, Texas;
THENCE Sou s 57 min 9 seconds East 213.06 feet to a 5/8" iron pin found at
the Southeast er o 1 acre
THEUGE North O r 1 59 seconds East 45.19 feet to a 3/8" iron pin found for
THENCE N 88 d es 21 minutes 11 seconds East 292.19 feet to a 5/8" iron pin found at
the So r o 'd lot 1 -B, Block 1, A & A Addition;
CE North 8 grees 32 minutes 29 seconds East along the South line of said Lot 1 -B,
247.68 feet to the INT OF BEGINNING and containing 7.02 acres of land.
NOW, E, know all men by these presents:
EY,WbIT A
Tarrant Appraisal District
Real Estate
11/30/2010
Account Number: 04105192
Georeference: Al260 -3E
Property Location: 100 E Kennedale Pkwy, Kennedale
Owner Information: Lanar Inc
Dba Three Corners Food Store
PO Box 189
Kennedale Tx 76060 -0189
2 Prior Owners
Legal Description: Renfro, Jesse B Survey
A 1260 Tr 3E
Taxing Jurisdictions: 014 City of Kennedale
220 Tarrant County
224 Tarrant County Hospital Dist
225 Tarrant County College Dist
914 Kennedale ISD
This information is intended for reference only and is subject to change. It may not accurately reflect the complete status of the account as actually
carried in TAD's database.
Certified Values for Tax Year 2010
* Appraised value may be less than market value due to state - mandated limitations on value increases
" A zero value indicates that the property record has not yet been completed for the indicated tax year
* ** Rounded
5 -Year Value History
Tax Year
Land
Impr
2010 Total"
Market Value
$11,478
$157,635
$169,113
Appraised Value*
$11,478
$157,635
$169,113
Approximate Size * **
$11,478
$163,101
1,812
Land Acres
000
$11,478
0.2108
Land `S Ft `
$11,478
$176,726
9,182
* Appraised value may be less than market value due to state - mandated limitations on value increases
" A zero value indicates that the property record has not yet been completed for the indicated tax year
* ** Rounded
5 -Year Value History
Tax Year
XMPT
Appraised Land
Appraised Impr
Appraised Total
Market Land
Market Impr
Market Total
2009
000
$11,478
$163,101
$174,579
$11,478
$163,101
$174,579
2008
000
$11,478
$176,726
$188,204
$11,478
$176,726
$188,204
2007
000
$11,478
$176,726
$188,204
$11,478
$176,726
$188,204
2006
1 000
1 $11,478
$176,726
$188,204
$11,478
$176,726
$188,204
2010 Notice Sent: 04/30/2010
Exemptions: None
Property Data
Deed Date: 10/25/2001
Deed Vol: 015224
Deed Page: 0337
Year Built: 1955
TAD Map: 2084 356
MAPSCO: 108A
Agent: None
Protest Deadline: 06/01/2010
Class :097
State Code: F1 Commercial
Garage Bays: 00
Central Air:
Central Heat:
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Staff Report
to Honorable Mayor and City Council
Date:
November 2, 2010
Regular Meeting/Public Hearing
Item No:
Subject: Case PZ 10 -11
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 city
code. City staff have. noticed that some businesses using sandwich
board signs have been in violation of the sign ordinance on a daily basis.
Amending the sign ordinance to clarify regulations governing sandwich
board signs so that standards for these signs are better understood by
staff and by businesses using the signs may reduce violations and will set
a higher standard for these signs that better fits the original intent of the
sign ordinance.
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 regulations governing sandwich board
signs were unclear (to staff and to businesses using these signs) and needed to be
revised. In addition, members of the Planning & Zoning Commission have noted that the
sandwich board signs often in use were not the kind of sign envisioned when the original
sign ordinance was drafted. In other words, while such signs may meet the
requirements under the city code, the intent of the code was not met.
The Planning & Zoning Commission asked staff to recommend changes to the
sign ordinance, and the recommendations were discussing during the August and
September meetings. The Commission held a public hearing on the proposed
amendments during its October meeting and voted to recommend approval to council.
If passed, the revisions will do the following:
Add language about what kind of materials may be used for sandwich
board signs
■ Clarify that digital or illuminated sandwich board signs are not permitted
■ Emphasize that such signs are not permitted in the public right -of -way
and are not permitted to block parking spaces or pedestrian ingress and
egress
• Clarify that only one sandwich board sign is permitted per tenant
• Require sandwich board signs to be maintained
A copy of the proposed amendments is included with this staff report.
Staff Report
to the Honorable Mayor and City Council
Date:
November 5, 2010
Regular Meeting/Public Hearing
Item No:
Subject: CASE PZ 10 -13
Originated by: Rachel Roberts, Planner
Kennedale voters recently approved the legal sale and consumption of alcoholic
beverages within the city, and the city code should be amended to reflect this change.
The ordinance amendment proposed for your consideration restricts sales of alcohol
within 300 feet of churches, schools, and public hospitals, using distance regulations
established by the state, and allows for the operation of vineyards, wineries, micro -
wineries, and micro - breweries. The hours of operation for business that sale alcoholic
beverages are regulated almost entirely by the Texas Alcoholic Beverages Code, and
the proposed ordinance follows TABC guidelines.
The Planning & Zoning Commission held a public hearing on this item during its
October meeting and voted to recommend approval of the proposed amendments.
However, after discussions with the city attorney, we are making a number of changes to
the draft ordinance. We will send the proposed ordinance to you as soon as we have
the changes from the attorney.
Staff Report
to the Honorable Mayor and City Council
Date:
November 2, 2010
Regular Meeting/Public Hearing
Item No:
Subject: Sale and Consumption of Alcohol in Parks
Originated by: Rachel Roberts, Planner
This agenda item is a proposed amendment to the city code that would
regulate the sale and consumption of alcohol in parks. Sale and consumption of
alcohol is already prohibited in city parks, and the amendment would retain this
prohibition but allow an exception for special events for which a temporary permit
has been issued by the city council. The city council would be authorized to grant
such permits to non - profit groups and organizations. The ordinance defines special
events and authorizes the council to charge a fee for the special events permit.
Staff presented the parks - related part of the proposed alcohol ordinance as a
non - action item on the Park Board agenda on November 3. Board members asked
whether fees collected (if fees are charged) would be credited to the parks
department. We don't have a fee structure established yet, but generally, when the
city charges fees for using a park facility, those fees go to the parks department
budget.
The Board also asked whether people using the parks for weddings would be
allowed to serve alcohol or champagne.. The ordinance is drafted so that only non-
profit organizations are allowed to obtain a special events permit, so weddings would
not be eligible for the permit.
The city attorney is reviewing the proposed ordinance, so it is not included
with this report, but we will send it to you as soon as possible.
Staff Report
to Honorable Mayor and City Council
Date: I November 5, 2010
Regular Meeting /Public Hearing
Item No:
Subject: Approval of contract with Halff & Associates
Originated by: Rachel Roberts, Planner
Kennedale will soon begin the process of updating its comprehensive land use
plan. The city's current comprehensive plan does not reflect the city's vision, and
updating the comprehensive plan is crucial to the success of achieving the city's long-
term goals. The updated plan will include sections on future land use plan, transportation
plan, and parks, as does our current plan, but the updated plan will reflect Kennedale's
current planning policies and philosophies. In addition, because an important part of the
city's vision is a restored, accessible Village Creek connected to a city -wide trail system,
our comprehensive plan consultant will also develop a trails plan and concept plan for
Village Creek as part of the update. We are still developing the timeline for the whole
project, but we will begin preliminary work in December and have the official kick -off,
including the first advisory committee meeting, in January. And although we don't have
yet have the timeline developed, we do have an outline of the steps needed and the
order in which we will proceed, which are provided in the scope of services.
The contract and the scope of services from Halff & Associates follow this report.
The total base fee for the project is $48,750, with additional reimbursable expenses (not
to exceed without prior approval) of $1,000. Halff & Associate's work will encompass all
three components of the update process (comprehensive plan, trails plan, Village Creek
concept plan). The scope of services will also include a minimum of two stakeholder
meetings and two public input meetings, as well as recommendations on how to
implement the comprehensive plan update.
This agenda item is for the city council to authorize the council or the city
manager to execute a contract with Halff & Associates for the comprehensive land use
plan update, including a trails plan and Village Creek concept plan.
STANDARD FORM OF AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF KENNEDALE (CLIENT) AND HALFF ASSOCIATES, INC. (ENGINEER)
I. SCOPE
Halff Associates, Inc. (hereinafter "Engineer ")
agrees to perform the services described in the
attached Scope of Services which incorporates
these terms and conditions. Unless modified in
writing by the parties hereto, the duties of Halff
shall not be construed to exceed those services
specifically set forth in the Scope of Services.
The Scope of Services and these General Terms
and Conditions, when executed by the City of
Kennedale (hereinafter "Client "), shall
constitute a binding Agreement on both
parties.
II. COMPENSATION
Client agrees to pay monthly invoices or their
undisputed portions within 30 days of receipt.
Payment later than 30 days shall include
interest at 1 -1/2 percent per month or lesser
maximum enforceable interest rate, from the
date the Client received the invoice until the
date Engineer receives payment. Such interest
is due and payable when the overdue payment
is made.
It is understood and agreed by the parties that
Engineer's receipt of payment(s) from Client is
not contingent upon Client's receipt of
payment, funding, reimbursement or any other
remuneration from others.
Time - related charges will be billed as specified
in this Agreement. Unless stated otherwise in
this Agreement, direct expenses, subcontracted
services and direct costs will be billed at actual
cost plus a service charge of 10 percent.
Mileage will be billed at current IRS rates.
III. RESPONSIBILITY
Engineer is employed to render a professional
service only, and any payments made by Client
are compensation solely for the services
rendered and the recommendations made in
carrying out the work. Engineer shall follow the
standard practices of the engineering
profession to make findings, provide opinions,
make factual presentations, and provide
professional advice and recommendations.
Engineer shall not be required to provide any
certification, assignment or warranty of its work
but, upon request and for a separate fee and at
Engineer's sole discretion, Engineer may agree
to provide certain written statements regarding
its services. Such statements shall be in a form
acceptable to Engineer and shall be requested
with sufficient advance notice to allow Engineer
to review the documents and prepare a suitable
statement.
Engineer's review or supervision of work
prepared or performed by other individuals or
firms employed by Client shall not relieve those
individuals or firms of complete responsibility
for the adequacy of their work. It is understood
that any resident engineering or inspection
provided by Engineer is for the purpose of
determining compliance with the technical
provisions of the project specifications and
does not constitute any form of guarantee or
insurance with respect to the performance of a
contractor. Engineer does not assume
responsibility for methods or appliances used
by a contractor, for safety of construction work,
or for compliance by contractors with laws and
regulations.
IV. SCOPE OF CLIENT SERVICES
Client agrees to provide site access, and to
provide those services described in the
attached Scope of Services.
V. OWNERSHIP OF DOCUMENTS
Upon Engineer's completion of services and
receipt of payment in full, Engineer grants to
Client a non - exclusive license to all drawings,
instruments and data produced in connection
with Engineer's performance of the work under
this Agreement. Said drawings, instruments and
data may be copied, duplicated, reproduced,
used and disclosed by Client for any purposes
Client deems appropriate in connection with
the work under this Agreement. Client agrees
that such documents are not intended or
represented to be suitable for reuse by Client
or others for purposes outside the Scope of
Services of this Agreement. Any reuse by
Client, or by those who obtain said information
from or through Client, without written
verification or adaptation by Engineer, will be at
Client's sole risk and without liability or legal
exposure to Engineer, Engineer's
subconsultants or independent associates.
Client agrees to indemnify Engineer, Engineer's
subconsultants and independent associates for
all damages, liability or cost arising from such
reuse. Engineer may reuse all drawings, reports,
data and other information developed in
performing the services described by this
Agreement in Engineer's other activities.
VI. INDEMNIFICATION
Engineer agrees to indemnify and hold Client
harmless from any actual damages, liability or
costs, including reasonable attorney's fees and
expenses, to the extent caused directly by the
negligent act or omission or willful misconduct
of Engineer, Engineer's subconsultants or those
for whom Engineer is legally liable, in the
performance of the professional services which
are the subject of this Agreement.
In the event that Client is found to be
concurrently negligent, Engineer shall not
indemnify for the proportionate negligence of
Client, but shall only indemnify for the portion
of negligence solely attributable to Engineer, its
agents, servants, employees, and
subcontractors of any tier, their agents,
servants and employees.
Neither party shall be liable to the other for
incidental or consequential damages, whether
or not the possibility of such damages has been
disclosed or could have been reasonably
foreseen.
The parties agree to indemnify one another
against damages of third parties recoverable
from the indemnitee to the extent caused by
the comparative negligence of the indemnitor.
Such negligence shall be measured by
standards in effect at the time services are
rendered, not by later standards.
Client acknowledges that Engineer may perform
work at facilities that may contain hazardous
materials or conditions, and that Engineer had
no prior role in the generation, treatment,
storage, or disposition of such materials and
shall be indemnified and defended by Client for
any and all claims arising out of the presence of
hazardous materials or conditions' except for
those claims as determined by final judgment
of a court of competent jurisdiction to arise out
of the sole negligence of Engineer.
VII. INSURANCE
Engineer shall maintain during the life of the
Agreement the following minimum insurance:
Commercial general liability insurance,
including personal injury liability, blanket
contractual liability, and broad form property
damage liability. The limit shall be not less than
$1,000,000.
Automobile bodily injury and property damage
liability insurance with a limit of not less than
$1,000,000.
Statutory workers' compensation and
employers' liability insurance as required by
state law.
Professional liability insurance (Errors and
Omissions) with a limit of $1,000,000 per
claim /annual aggregate.
VIII. SUBCONTRACTS
Engineer shall be entitled to subcontract any
portion of the work described in the Scope of
Services.
IX. ASSIGNMENT
This Agreement is binding on the heirs,
successors, and assigns of the parties hereto.
Neither this Agreement, nor any claims, rights,
obligations or duties associated hereto, shall be
assigned or assignable by either Client or
Engineer without the prior written consent of
the other party.
X. INTEGRATION
These terms and conditions and the letter
agreement (Scope of Services) to which they
are attached represent the entire
understanding of Client and Engineer. No prior
Kennedale Comprehensive Plan Update — Exhibit C — Standard Form of Agreement Draft 10 -26 -2010
Halff Associates Inc. Page 1 of 2
oral or written understanding shall be of any
force or effect with respect to those matters
covered herein. The Agreement may not be
modified or altered except in writing signed by
both parties.
XI. JURISDICTION AND VENUE
This Agreement shall be administered and
interpreted under the laws of the State Texas. If
any part-of the Agreement is found to be in
conflict with applicable laws, such part shall be
inoperative, null and void insofar as it is in
conflict with said laws, but the remainder of the
Agreement shall be in full force and effect.
Exclusive venue shall lie in Tarrant County,
Texas.
XII. SUSPENSION OF SERVICES
If work under this Agreement is suspended for
more than thirty (30) calendar days in the
aggregate, the Engineer shall be compensated
for services performed and charges incurred
prior to receipt of notice to suspend and, upon
resumption, an equitable adjustment in fees to
accommodate the resulting demobilization and
mobilization costs and there also shall be an
equitable adjustment in the work schedule
based on the delay caused by the suspension.
If work under this Agreement is suspended for
more than ninety (90) calendar days in the
aggregate, the Engineer may, at its option,
terminate this Agreement upon giving notice in
writing to the Client. Engineer may request
that the work be suspended by notifying Client,
in writing, of circumstances that are interfering
with normal progress of the work.
If the Client fails to make payments when due
or otherwise is in breach of this Agreement, the
Engineer may suspend performance of services
upon five (5) calendar days notice to the Client.
The Engineer shall have no liability whatsoever
to the Client for any costs or damages as a
result of such suspension caused by any breach
of this Agreement by the Client.
XIII. TERMINATION OF WORK
Either the Client or the Engineer may terminate
this Agreement at any time with or without
cause upon giving the other party ten (10)
calendar days' prior written notice. Client
agrees that termination of Engineer for Client's
convenience shall only be utilized in good faith,
and shall not be utilized if the purpose or result
is the performance of all or part of Engineer's
services under this Agreement by Client or by
another service provider. The Client shall within
ten (10) calendar days of termination pay the
Engineer for all services rendered and all costs
incurred up to the date of Engineer's receipt of
notice of termination, in accordance with the
compensation provisions of this contract.
XIV. TAXES
The fees and costs stated in this Agreement,
unless stated otherwise, exclude all sales,
consumer, use and other taxes. Should
regulations, laws, rules or other requirements
be promulgated following execution of this
Agreement Client agrees to fully reimburse
Engineer and its subconsultants for those taxes
paid or assessed that were not enforceable as
of the date of this Agreement.
XV. ALTERNATIVE DISPUTE
RESOLUTION
Any conflicts or disputes that arise under or
through this Agreement or following the
completion thereof shall be discussed at a
meeting of one senior management person
from Client and one from Engineer. This
meeting shall be a condition precedent to the
institution of any legal or equitable
proceedings, unless such meeting will infringe
upon schedules defined by applicable statutes
of limitation or repose. Should such a situation
arise the parties agree that such meeting shall
still be required but the institution of
proceedings shall not be precluded for failure
to meet this specific meeting requirement.
XVI. SEVERABILITY
Should any one or more of the provisions
contained in this Agreement be determined by
a court of competent jurisdiction or by
legislative pronouncement to be void, invalid,
illegal, or unenforceable in any respect, such
voiding, invalidity, illegality, or unenforceability
shall not affect any other provision hereof and
this Agreement shall be considered as if the
entirety of such void, invalid, illegal, or
unenforceable provision had never been
contained in this Agreement.
XVII. TIMELINESS OF PERFORMANCE
Client recognizes that Engineer must perform
its professional services with due and
reasonable diligence consistent with sound
professional practices.
XVIII. LIMITATION OF LIABILITY.
In recognition of the relative risks and benefits
of the Project to both the Client and the
Consultant, the risks have been allocated such
that the Client agrees, to the fullest extent
permitted by law, and notwithstanding any
other provisions of this Agreement or the
existence of applicable insurance coverage, that
the total liability, in the aggregate, of the
Consultant and the Consultant's officers,
directors, employees, agents, and
subconsultants to the Client or to anyone
claiming by, through or under the Client, for
any and all claims, losses, costs or damages
whatsoever arising out of, resulting from or in
any way related to the services under this
Agreement from any cause or causes of the
Consultant or the Consultant's officers,
directors, employees, agents, and
subconsultants, shall not exceed twice the total
compensation received by the Consultant under
this Agreement or $50,000, whichever is
greater. Higher limits of liability may be
negotiated for additional fee.
XIX. WAIVER
Any failure by Engineer to require strict
compliance with any provision of this
Agreement shall not be construed as a waiver
of such provision, and Engineer may
subsequently require strict compliance at any
time, notwithstanding any prior failure to do so.
APPROVED:
Engineer: HALFF ASSOCIATES, INC.
Signature:
Name:
Title:
Date:
APPROVED:
Client: City of Kennedale
Signature:
Name:
Title:
Date:
Kennedale Comprehensive Plan Update — Exhibit C — Standard Form of Agreement Draft 10 -26 -2010
Halff Associates Inc. Page 2 of 2
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