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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 a w 0 U t/1 N d' a 1 0 00 0 o �b o o .. o 0 o 010 y 0 U N 3 N o o o V o r O O � O O � N N cd ~ ch 4 p 0 .fl Q O O W W 0 W W 0 C7 C7 � C7 C7 a�i .fl C7 C7 ,9 O 0 O p 0 O 0 O o O O O O y N +� M p M M p 0 a� a� a un Con U o A F O aM aN a� 00 d 0 p p > + A p p a 1 0 00 0 CITY OF KBIWED4LE 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: Pool: N U� Q i s N r- 4 ~ W U Q im� LO OD M U Q W LO N F - LO w U Lo a F— N ([H rAdOH Ac UN ICI N w I , V N� �N c V M U 1.3 M � � N HflHdlfls N IIN LO c� im� N 0 lz�- \TI7rwrTT TC1 0 � Z� 9L � 6 _ 06 _ LL 6 OL LL _ Z6 E� r 96 _ 96 N G w Q C 0- C ++ v1 y a C Z E C o � � C Lit C a C y ' C 41 = F 0 c�c c to a (D R `o C ry 0 a C E to W o c 0. C E BIT 6 LO 9 4 m N \| : : J 4 : � �/ � ! � �! §§ ) q } \ � § < 0 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 � m O m Z a'�ivv � x E a w LL LL a ■■■ mom ■■■ Y�I � O n Z uo E LL K U. 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