Loading...
O522� f! ►�► _ ►• AN ORDINANCE AMENDING CITY OF KENNEDALE ORDINANCE NO. 434 BY AMENDING REGULATIONS GOVERNING SIGNS IN THE KENNEDALE TOWNCENTER PLANNED DEVELOPMENT DISTRICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale 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, 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, the City of Kennedale previously adopted Ordinance No. 434 creating the Kennedale TownCenter Planned Development District (KTCPDD) in order to facilitate the development of retail and service based businesses in the Kennedale TownCenter; and WHEREAS, in order to enhance business opportunities in the Kennedale TownCenter and promote the public health, safety and general welfare the City Council desires to amend Ordinance No. 434 by revising the regulations governing monument signs within the Kennedale TownCenter Planned Development District; and WHEREAS, the Planning and Zoning Commission of the City of Kennedale, Texas held a public hearing on May 16, 2013, and the City Council of the City of Kennedale, Texas held a public hearing on June 13, 2013, with respect to the amendments described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, Section 17 -429 of the Zoning Ordinance, and all other laws dealing with notice, publication, and procedural requirements for amending the regulations governing monument signs within the Kennedale TownCenter Planned Development District. NOW, THEREFORE, ORDAINED OF OF The supplemental standards and regulations of the Kennedale TownCenter Planned Development District set forth in Section 3 of Ordinance No. 434 of the City of Kennedale, Texas are hereby amended by revising Paragraph 12.a, Monument Signs, to read as follows: 12. Signs a. Monument signs. Monument signs, as defined in Section 17 -502 of the City of Kennedale Code of Ordinances shall be allowed in the KTCPDD subject to the following requirements: i. Height. Monument signs may be placed atop a base of a maximum of seven (7) feet six (6) inches and a maximum width of eleven (11) feet. Sign face shall have a maximum height of fifteen (15) feet six (6) inches, excluding the base and the frame. ii. Sign face area. Sign face area shall not exceed a maximum of 145 square feet per side, excluding sign frame, with a maximum of two (2) sides. iii. Illumination. Monument signs, if illuminated, shall be internally illuminated. No exposed neon is permitted. Signs must be sited so as to minimize visibility in nearby residential areas. iv. Address numbers. Address numbers are required on business. monument signs. Address numbers will not count toward the maximum sign face area. The address numbers can be placed in or encroach into the masonry perimeter. V. Non - conforming signs. Monument signs existing in place at the KTCPDD site at the time of approval of Ordinance No. 434 shall not be required to conform to the regulations established by said Ordinance. vi. City -owned signs. Monument signs owned by the City may also be located within the allowable space for electronic message boards or electronic message signs. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Kennedale, Texas (1991), as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. All provisions of Ordinance No. 434 which were not amended herein shall remain in full force and effect until repealed. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clause, or phrase 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 sections, paragraphs, sentences, clause, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause, or phrase. 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 not more than Two Thousand Dollars ($2,000.00). Each day that a violation is permitted to exist shall constitute a separate offense. All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of any ordinances governing zoning 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. The City Secretary of the City of Kennedale is hereby directed to publish in the official newspaper of the City of Kennedale the caption, penalty clause, publication clause and effective date clause of this ordinance as provided by Section 3.10 of the Charter of the City of Kennedale. This Ordinance shall be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. 4 d P SECRETARY EFFECTIVE: 6 — / I APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY INVOICE Star - Telegram Customer ID: CIT33 808 Throckmorton St. Invoice Number: 326018231 FORT WORTH, TX 76102 `+ July 31, 2016 (817) 390 -7761 Invoice Date 6/18/2013 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 6/30/2013 Bill To: PO Number: CITY OF KENNEDALE 405 MUNICIPAL DR Order Number: 32601823 KENNEDALE, TX 76060 -2249 Sales Rep: 073 Description: CITY OF KENNED Publication Dates: 6/17/2013 - 6/18/2013 CITY OI� � Legal �1 ®tl<a' JO I3580 1 48 _ 48 LINE $6.11 $586.76 105 111111130 } THE Coy B ef( the that (81 SUE $14.00 Net Amount: $600.76 y and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for m, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say s publislyed,�n the above named paper on the listed dates: BIDS & LEGAL DEPT, STAR TELEGRAM Signed, THIS Friday, Jun /211203. Notary Pu Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT33 P.O. BOX 901051 Customer Name: CITY OF KENNEDALE FORT WORTH, TX 76101 -2051 Invoice Number: 326018231 Invoice Amount: $600.76 PO Number: Amount Enclosed: CHRISTY LYNNE HOLLAND r Notary Public, State of Texas My Commission Expires `+ July 31, 2016 y and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for m, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say s publislyed,�n the above named paper on the listed dates: BIDS & LEGAL DEPT, STAR TELEGRAM Signed, THIS Friday, Jun /211203. Notary Pu Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT33 P.O. BOX 901051 Customer Name: CITY OF KENNEDALE FORT WORTH, TX 76101 -2051 Invoice Number: 326018231 Invoice Amount: $600.76 PO Number: Amount Enclosed: