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2014_07.17 PZ Packet ic KENNEDALE Planning and Zoning Commission www.cityofkennedale.com KENNEDALE PLANNING & ZONING COMMISSION AGENDA COMMISSIONERS - REGULAR MEETING July 17, 2014 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION - 6:00 PM REGULAR SESSION - 7:00 PM I. CALL TO ORDER II. ROLL CALL III. WORK SESSION A. Discuss any item on the regular session agenda B. Discuss item for future consideration 1. Subdivision standards for infill lots 2. Zoning standards for Old Town 3. Neighborhood districts C. Update on revisions to the zoning code, including plans for establishing zoning for Urban Villages and Neighborhood Centers IV. REGULAR SESSION V. CALL TO ORDER VI. ROLL CALL VII. MINUTES APPROVAL A. Consider approval of minutes from June 19, 2014 Planning and Zoning Commission meeting. VIII.VISITOR/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 an official `Speaker's Request Form'has been completed and submitted to the Commission Secretary prior to the start of the meeting. All comments must be directed towards the Chair, rather than individual commissioners 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. IX. REGULAR ITEMS A. CASE # PZ 14-06 to receive comments and consider approval on an ordinance amending Chapter 17, Article VI, "Zoning", of the code of ordinances of the City of Kennedale, Texas, as amended, by amending Section 17-415A "EC" employment center district of the Kennedale City Code and Exhibit"A"for same. 1. Staff Presentation 2. Public Hearing 3. Staff Response and Summary 4. Action by Planning and Zoning Commission B. CASE # PZ 14-07 Public hearing and consideration of Ordinance approval regarding a request for a city-initiated zoning change from "C-2" General commercial district to "EC" Employment Center district for approximately 3.1 acres located at 5411 Kennedale Pkwy, 1298 & 1302 W Kennedale Pkwy, 5500 E IH 20, and an unaddressed parcel on E IH 20, legal description of David Strickland Survey A1376 Tr 32B01 &32D, M J Freeman Addn Blk 1 Lot 1, Broyles Addn Blk 1 Lot 1 & Part of closed street, and Dunlap Subdivision Blk 1 Lot 1, Kennedale, Tarrant County, Texas. 1) Staff presentation 2) Public hearing 3) Staff response and summary X. REPORTS/ANNOUNCEMENTS XI.ADJOURNMENT In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable accommodations for persons attending City Council meetings. This building is wheelchair accessible, and parking spaces for disabled citizens are available. Requests for sign interpreter services must be made forty-eight (48) hours prior to the meetings. Please contact Amethyst Cirmo, City Secretary, at 817.985.2104 or(TDD) 1.800.735.2989 CERTIFICATION I certify that a copy of the July 17,2014, Planning and Zoning Commission agenda was posted on the City Hall bulletin board next to the main entrance of the City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place convenient and readily aWEkssibl to t er I p is at all times and said agenda was posted at least 72 hours preceding the schedule time of said m i a rda ter 551 of the Texas Government Code. Rachel Roberts, Board Secretary ic KENNEDALE Planning and Zoning Commission Staff Report to the Commissioners www.c rtyo f I<e n n e d a l e.co m Date:July 17, 2014 Agenda Item No: WORK SESSION-A. I. Subject: Discuss any item on the regular session agenda II. Originated by: Rachel Roberts, City Planner III.Summary: Under this agenda item,the Commission may discuss any item on the regular session agenda, but no public hearing may be held and not action may be taken. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: None VIII.Alternative Actions: IX. Attachments: ic KENNEDALE Planning and Zoning Commission Staff Report to the Commissioners www.c rtyo f I<e n n e d a l e.co m Date:July 17, 2014 Agenda Item No: WORK SESSION- B. I. Subject: Discuss item for future consideration 1. Subdivision standards for infill lots 2. Zoning standards for Old Town 3. Neighborhood districts II. Originated by: III.Summary: The items on this list are items that the Commission would like to discuss at a future work session. For item 2, zoning standards for Old Town, please note that we are slowly making progress toward being ready to bring you something on this item. By the time you receive your packet, we will have met with a consultant to discuss options for implementing the Downtown Village component of the comprehensive land use plan. At the meeting, I should be able to provide more information about when and how we expect to move forward. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: None VIII.Alternative Actions: IX. Attachments: ic KENNEDALE Planning and Zoning Commission Staff Report to the Commissioners www.c rtyo f I<e n n e d a l e.co m Date:July 17, 2014 Agenda Item No: WORK SESSION-C. I. Subject: Update on revisions to the zoning code, including plans for establishing zoning for Urban Villages and Neighborhood Centers II. Originated by: Rachel Roberts, City Planner III.Summary: Progress on this item has been slow, as we have been largely focused on other tasks since the June meeting. As I mentioned at the June meeting, we have requested that funds be included in the budget for the next fiscal year to allow us to hire consultants for updating the zoning code. Having the services of consultants would greatly speed up the process of revising the zoning code.The Neighborhood district included in the list of Future Items to Consider,for example, could be developed with consultants at a faster pace than if staff were to develop the code revision in-house only. In addition, we are still planning to move ahead with extending the Employment Center code into the Oak Crest area after receiving comments from the public. We are in the process of setting a schedule with Livable Plans& Codes, our consultant from the first EC district phase. We'll let you know as soon as we're ready to move forward on this project. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: None VIII.Alternative Actions: IX. Attachments: ic KENNEDALE Planning and Zoning Commission Staff Report to the Commissioners www.c rtyo f I<e n n e d a l e.co m Date:July 17, 2014 Agenda Item No: MINUTES APPROVAL-A. I. Subject: Consider approval of minutes from June 19, 2014 Planning and Zoning Commission meeting. II. Originated by: Katherine Rountree, Permits Clerk III.Summary: The minutes are attached for approval. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: Approve VIII.Alternative Actions: IX. Attachments: 1. une 19, 2014 Minutes 106 19 2014 PZ Minutes final.doc ic KENNEDALE Planning and Zoning Commission www.cityofkennedale.com KENNEDALE PLANNING & ZONING COMMISSION MINUTES COMMISSIONERS - REGULAR MEETING June 19, 2014 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE I. CALL TO ORDER Chairman Harvey called the meeting to order at 6:07 P.M. II. ROLL CALL Commissioner Present Absent Ernest Harvey x Tom Pirtle x vacant Stephen Brim x Katie McFadden x Don Rawe x vacant Alternates Carolyn Williamson x vacant A quorum was present. Ms. Williamson was asked to serve as a regular member in place of Tom Pirtle, who was absent. III. WORK SESSION A. Discuss regulations for a proposed new Neighborhood Center zoning district Ms. Roberts explained that she has updated the documents. She described the changes she had made, including replacing the approval process flow chart and adding a separate glazing requirement for non- residential versus residential uses. The Commission discussed the illustrations, and Mr. Harvey suggested adding additional examples and illustrations for glazing, landscaping, masonry, etc. Ms. McFadden thought that it would even benefit the residents. The Commission discussed the sign requirements and Ms. Roberts proposed allowing blade signs. The Commission suggested adding requirements about sign height and pedestrian clearance and requirements to avoid sign clutter. Ms. Roberts suggested some restrictions on neon lighting. Mr. Harvey suggested putting the topic of blade signs in further review. Mr. Brim explained that three different tree species, from a developer's standpoint, is slightly restrictive. He said that two tree species would be fine and would be more eye appealing rather than different species of trees growing together. Mr. Harvey said that he understands why staff would suggest using at least three but wants to reduce the number to two. Ms. Roberts suggested that if developers get written consent from the Zoning Administrator, the number can be reduced to two species. Ms. McFadden explained it might be a good idea to suggest to developers to include bigger trees. The Commission discussed whether buildings with parking in the back would be required to have an entrance in the back and said that developers should be given the option for both a front and back entrance. Ms. Roberts and Ms. McFadden stated that A streets have parking in the back and that B streets can have a little parking in the front and parking in the back. Ms. McFadden suggested including better illustrations to explain to developers the parking and entrance requirements. B. Discuss item for future consideration 1. Green/environmental regulations- The Commission discussed how green regulations should be incorporated into the city's other regulations to allow residents to use more environmentally friendly items. Mr. Harvey said the City should have a reward system for developers who wanted to incorporate green elements. Mr. Brim said that Fort Worth offers a Storm Water Credit. Mr. Harvey suggested also including different variables in the reward process such as possibly setbacks, trees, irrigation modifications, etc. Mr. Harvey stated that more review on the subject will be at hand. 2. Subdivision standards for infill lots- Ms. Roberts suggested leaving this item on the agenda, in case the City is not able to add consultants into the budget and the City has to develop these regulations in-house. 3.Zoning standards for Old Town- Ms. Roberts explained the City has received quotes from consultants about moving forward with doing the downtown village code, which will require public input. So far one quote has been offered but she is waiting on a response as to whether to continue with this consultant or keep looking. She explained that she would like to put consultants in the budget to help get this phase done. This Commission moved this item up to a regular work session agenda item. 4. Employment Center district- Ms. Roberts said the Employment Center district will be extended across Business 287, which Council wants to see on their agenda in August. She said it will also be extended into Oak Crest but wants to see resident input on the project before that part begins. Ms. Roberts requested that the Employment Center district extension into Oak Crest move to a work session agenda item rather than a future session item and said that the extension across Business 287 will be on the next regular session agenda. C. Discuss regulations for a proposed new Urban Village zoning district The Commission did not have time to discuss this item IV. REGULAR SESSION V. CALL TO ORDER Chairman Harvey called the regular session to order at 7:08 P.M. VI. ROLL CALL Commissioner Present Absent Ernest Harvey x Tom Pirtle x vacant Stephen Brim x Katie McFadden x Don Rawe x vacant Alternates Carolyn Williamson x vacant A quorum was present. Ms. Williamson continued to serve as a regular member in place of Tom Pirtle. Staff present: Rachel Roberts (Planning Director); Katherine Rountree (Board Secretary) VII. MINUTES APPROVAL A. Review and consider approval of minutes from the May 15, 2014 Planning &Zoning Commission regular meeting Mr. Rawe made a motion to approve the minutes as written, seconded by Ms. Williamson. The motion passed with all in favor except Mr. Brim, who abstained. B. Minutes from the June 7, 2014 Planning &Zoning Commission work session Ms. McFadden made a motion to approve the minutes as written, seconded by Mr. Rawe. The motion passed with all in favor, except Mr. Harvey, who abstained. VIII.VISITOR/CITIZENS FORUM There were no visitors who registered to speak IX. REGULAR ITEMS X. REPORTS/ANNOUNCEMENTS Ms. Roberts explained the Bird Identification Workshop would be held on Saturday, June 28th, 2014 meeting at 8:00 A.M. in the Jury Room. If you can't make it by 8:00 A.M., meet at South West Nature Preserve around 8:30 A.M. Mr. Brim explained the Adopt-A-Spot program is progressing. There will be a formal document allowing citizens and groups to sign up to take care of an area in Kennedale. XI.ADJOURNMENT Ms. McFadden made a motion to adjourn, seconded by Mr. Brim. The motion passed with all in favor. The meeting adjourned at 7:16 P.M. ic KENNEDALE Planning and Zoning Commission Staff Report to the Commissioners www.c rtyo f I<e n n e d a l e.co m Date:July 17, 2014 Agenda Item No: REGULAR ITEMS-A. I. Subject: CASE#PZ 14-06 to receive comments and consider approval on an ordinance amending Chapter 17, Article VI, "Zoning", of the code of ordinances of the City of Kennedale,Texas, as amended, by amending Section 17-415A "EC" employment center district of the Kennedale City Code and Exhibit "A"for same. 1. Staff Presentation 2. Public Hearing 3. Staff Response and Summary 4. Action by Planning and Zoning Commission II. Originated by: Rachel Roberts, City Planner III.Summary: Request: amend the Employment Center district regulations Location: not applicable Applicant: City of Kennedale Background/Overview The City adopted the first phase of the Employment Center("EC") district in November 2013.The ordinance under you are considering would add to the Employment Center by creating a second Corridor Commercial sub-district. Please note that no properties are rezoned by amending the Employment Center, but the code is intended to apply (after rezoning)to properties on the northeast side of Kennedale Pkwy near the FWT property. The new Corridor Commercial sub-district would require new development to be consistent with the character established through the first sub-district regulations and would encourage redevelopment within the sub- district, while recognizing that the presence of existing structures will present challenges. The City would prefer the structures be used rather than sit vacant, so staff recommends adding some provisions to make it easier for non-conforming structures to be renovated (see additions to the EC code regarding non-conforming uses). As you'll notice when reading through the proposed amendments to the code,very little has been changed. The most notable changes were made to accommodate existing uses and encourage redevelopment of properties with existing buildings, as noted above. For example,the revised version of the code permits additional pole signs in the newly-created Corridor Commercial sub-district 2 and, also as noted above, permits existing, non-conforming buildings to have structural renovations without approval from the Board of Adjustment. Please note the these buildings would not be permitted to be enlarged or expanded without approval from the BOA. Staff Recommendation. Staff recommends approval of Case PZ 14-06. Action by the Planning&Zoning Commission. Section 17-423(e) of the City Code states the Commission's role in cases where a zoning amendment is requested. You must conduct a public hearing on the request and then report your recommendations to Council. You may recommend approval or that the request be denied, with or without prejudice. Sample Motions. I recommend approval of Case PZ 14-06. 1 recommend denial of Case PZ 14-06. 1 recommend denial of Case PZ 14-06 without prejudice. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: Approve VIII.Alternative Actions: IX. Attachments: 1. Employment Center district code (draft) lEmployment Center Code Phase 2 (draft).doc 2. JPZ 14-06 EC district ordinance JPZ 14-06 ordinance amending EC district (draft).docx Employment Center District Code City of Kennedale Adopted [date] KENNEDALE You're Here,Your Home 11 Page EMPLOYMENT CENTER CODE TABLE OF CONTENTS SECTION PAG E SECTION 1. PURPOSE & INTENT 3 SECTION 2. REGULATING PLAN (WITH MAP) 5 SECTION 3. ADMINISTRATION 8 SECTION 4. BUILDING MASS AND PLACEMENT 13 Build-to lines/setbacks Minimum frontage requirements Mass & height SECTION 5. BUILDING DESIGN 17 Entry Orientation Glazing/Fenestration Fagade Articulation Building Materials SECTION 6. SITE DESIGN STANDARDS 22 Parking placement Parking amount Parking screens Sidewalk standards Curb cuts Landscape standards Lighting SECTION 7. SIGNS 36 21 age SECTION 8. PERMITTED USES 42 EXHIBITS Exhibit A Regulation Plan and Description of Boundaries APPENDICES Appendix A. Definitions Appendix B. Native Plants Appendix C. Irrigation Appendix D. Photo & Illustration Credits 31 Page SECTION 1 . PURPOSE & INTENT In 2012, the City of Kennedale adopted a revised Comprehensive Land Use Plan. The new Comprehensive Plan establishes a long-term vision and goals for the city and serves as a policy guide and framework for land use decisions. The Plan supports a need for changing zoning and development standards for many areas of the city, including the Oak Crest area, which is located at the entrance to the city at Kennedale Parkway and I-20. In addition, recent studies and plans for Oak Crest and adjacent areas suggest the need for sidewalks, trails and green spaces, environmental cleanup, consolidation of lots that could support newer forms of development with a mix of uses that can leverage the potential of this critical location. The Oak Crest area plays an important role in establishing the city's image in the region and locally. The Comprehensive Plan and the related Employment Center Concept Plan recognize the area's importance to community image and also note its potential desirability for businesses needing easy access to downtown Fort Worth, I-20, I-820, and surrounding communities. Based on the area's assets, the Comprehensive Land Use Plan envisioned this area as an Employment Center, a district with a vibrant mix of retail, office (corporate and small), lodging, and residential uses. Ideally, a mix of land uses—including office and retail—will eventually occupy this district, with an emphasis on employment and possible transit park & ride supportive uses. Development on the interior of the Employment Center should be designed to encourage and accommodate pedestrians. While it is understood that development on the exterior of the district will need to contend with a more auto-oriented reality, pedestrian safety, access, and comfort should not be ignored. The Employment Center Concept Plan is an extension of the Comprehensive Plan. It lays out sub-zones that are intended to serve different purposes but are also related to and supported by the other sub-zones. The uses envisioned in the concept plan are retail/restaurant, hotel, office/flex space, senior living, a green corridor, a nature preserve/natural area and related outdoor activity center, and a park and ride stop. This Code is intended to implement the Comprehensive Plan as it pertains to the Employment Center character district and also draws from the concept plan. The Employment Center is a redevelopment district; most of the properties have previously been developed, and many of these properties are now vacant lots or buildings awaiting reuse. The Employment Center is envisioned as a series of sub-districts, each implementing a specific redevelopment vision based on the context of the site. Standards for the entire Employment Center will be developed in phases, with this first phase addressing the part of the 41 Page district with the most visibility: properties located along Kennedale Parkway and along High Ridge Road. The Code will be updated and expanded at a later date to include the remaining segments of the Employment Center. The development standards in this District have four main goals. • Move toward development patterns that are closer to the vision of the comprehensive plan while taking advantage of frontages along major regional corridors such as Kennedale Parkway and Interstate-20; • Serve as a transition between development along the Parkway and development in the interior of the Employment Center district, which will be more accommodating to pedestrians and a mix of uses, along with the potential for higher intensity development; • Ensure new development and improvements to existing development support the City's vision of the Employment Center as a gateway to Kennedale; and • Provide a high level of predictability, both for the development community and the public. 5 Page a� i Existing Industrial Facility C G: , T O _ w Site r? v'.kwne C%te Green Corridor along Escarpment Village Creek Mature Preserve )Future Park Development) legend W RetaW Restaurant — 111111111 Hotel Offlceflex Space t Senior Cottages t% _ Future Urban Senior Manor Village Park and Ride r OF' Outdoor Activity Center Village Greek Gateway —Proposed Road Future village6an —Existing Road ! G� �• g Road to he Removed Kennedale Employment �{ KFNNFnAI F. FIGURE 1. EMPLOYMENT CENTER MASTER PLAN 6 Page SECTION 2 . REGULATING PLAN The Employment Center character district shall ultimately consist of five districts: Corridor Commercial; Transition Zone; Flex Zone; Neighborhood Zone; and Green Corridor. Where not controlled by this Code, the Employment Center shall be governed by the Kennedale Code of Ordinances to the extent the Code of Ordinances is not in conflict with the intent or text of the this Code. Employment Center District Symbols Employment Center districts _Corridor Commercial Sub-District 1 -Corridor Commercial Sub-Zone 2 ®Green Corridor Sub-District 1 m 000mM Parkway Roadway Type 00-0 Street Roadway Type:"A" ryo A Street Roadway Type:"B" lb City Limits 2, U r C W a2 i 2 n (\ c --- 0 150 300 Disclaimer:The locations shown a.tenal and approxim ate.This m ap does notindicate Feet any future plans by the City"f Kennedale t,acquire property or change zoning w permitted uses. FIGURE 2. REGULATING PLAN BOUNDARIES 7 Page 2.1 CORRIDOR COMMERCIAL The purpose of the Corridor Commercial district is to encourage commercial development consistent with the vision for this important gateway into Kennedale, creating a hybrid development context that merges the predictability provided through some form-based code elements with the land use control provided through more traditional zoning tools. This zone creates a unified streetscape and landscape context for an area that is both a major gateway to the city and a major suburban thoroughfare. The district as proposed currently consists of two sub-districts (shown in the illustration above): Corridor Commercial Sub-District 1, located on the south/west side of Kennedale Parkway, and a second sub-district located on the north/east side of Kennedale Parkway. This Code is intended to set forth regulations for the Corridor Commercial (Sub-Districts 1 and 2) and Green Corridor Sub- District 1 (described below) only. 2.2 GREEN CORRIDOR The Green Corridor district provides a green belt to buffer land located on either side of an escarpment running through the Employment Center and provides a transition between the residential uses of the Neighborhood district and the more commercial uses to be located north of the Green Corridor. The Green Corridor has two sub-districts: Green Corridor Sub-District 1 bisects the Commercial Corridor Sub-District 1; Green Corridor Sub-district 2 runs between the Transition and Flex districts and the Neighborhood district. This Code is intended to set forth regulations for Corridor Commercial Sub-District 1 (described above) and Green Corridor Sub-District 1 only. 2.3 OTHER SUB-DISTRICTS Additional sub-districts will be established as this Code is updated in the future. The sub-districts will be drawn from the Employment Center Master Plan and will create a flex zone, a transition zone, and a neighborhood zone, as well as an additional corridor commercial district. The Flex Zone will provide for office uses, light manufacturing or small-scale distribution, live/work units, and light commercial. The Transition Zone will provide a buffer between the more auto-centric development patterns of the Corridor Commercial zone and the adjacent parts of Oak Crest that will likely redevelop over time into a more urban character. The Neighborhood Zone is intended for residential development for seniors; residences may take the form of single-family residential or small, context-sensitive multi-family residential. It is intended that all of the properties within the Employment Center will eventually be regulated by this Code, after the Code has been updated to include additional standards fitting the other sub-districts and maintaining the desired character of the district. 81 Page 2.4 ROADWAY CONTEXT The Employment Center is bounded by Kennedale Pkwy to the east, the 1-20 frontage road to the north, a rail line to the west, and Village Creek to the south. The area is therefore not only the major gateway to Kennedale, but it is also disconnected from the rest of the city. New land development tools adopted for the Employment Center must be realistic about what kind of development can be expected but should also encourage or, at times, require building, site, and infrastructure design standards that help connect the neighborhood to other areas. And given that this area is physically separated from the rest of the city, and this separation can make residents and businesses more reliant on each other for success, intra-neighborhood connections are also important. Connections can be enhanced through a well-designed transportation system. The comprehensive plan's Future Transportation Plan describes the kind of transportation options (automobile-based and pedestrian) that should be established for the Employment Center and notes that roadways should be designed using a Complete Streets approach. Complete streets are designed with a goal of balancing the safety and convenience of everyone using the road. Roadway design varies by location, topography, types of users, and a variety of other factors that may change from site to site. For example, areas intended to have heavy foot traffic should have a different roadway design than an interstate highway would have. The Future Transportation Plan indicates that Kennedale Pkwy should be designed as a Parkway or Multiway Parkway roadway type. The Parkway type has two lanes of traffic in each direction separated by a 16-18-foot wide median and with sidewalks a minimum of five (5) feet in width. The Multiway Parkway type also has two travels lanes in each direction and has a 12-18-foot wide median, with sidewalks a minimum of 5 feet in width. The Multiway Parkway can also be designed with an access/slip lane. This Code includes a 6 foot minimum sidewalk width and sets a minimum front setback of twenty (20) feet, which falls within the 18-25 foot range for the Parkway roadway type; it also sets forth streetscape standards that will establish a quasi-slip lane along Kennedale Pkwy. Interstate 20 runs along the northern border of the Employment Center, and the frontage road for 1-20 may be an access point for properties located along the roadway. The Future Transportation Plan does not address how frontage roads should be designed, since the city is not authorized to build or maintain frontage roads. However, development with the district along these roads is within the city's review authority and, as such, this Code addresses site design standards for properties along frontage roads. Properties along the frontage road should be designed to the same streetscape and site design standards as Parkways. The interior roadways in the Employment Center are classified as Streets. Streets typically have two travel lanes and no median. The Employment Center has two Street roadway types: "A" Streets and "B" Streets. Sidewalks for Streets should be 5-8 feet in width, and travel lanes should accommodate bicycle traffic safely and 91 Page comfortably. "A" Streets are considered primary thoroughfares on the interior of the district. These streets shall have higher standards for pedestrian-oriented design and access, ensuring that the relationship between buildings and the street and between the pedestrian and auto-oriented realms enforce the desired character for the district. "B" Streets are minor streets within the district. While design is less important for these streets, it still plays an important role in establishing community character and ease of access and connectivity. 101 Page SECTION 3 . ADMINISTRATION 3.1 Authority The code shall be administered by: the Kennedale City Council ("Council"); the Planning & Zoning Commission ("Commission"); the Zoning Administrator ("Administrator"); the Director of Planning ("Planning Director"); Director of Development Services ("Development Director"); the Director of Public Works ("Public Works Director"); the Permits & Planning Department ("Department"); and other City bodies and officials as identified in this Development Code. 3.2 Responsibility for Administration This Employment Center District Code shall be administered by the Zoning Administrator ("Administrator") and the other decision-making authorities as identified in this Code and the zoning ordinance. Administration of this Code shall follow the process established in Section 3.11 of this Code and Section 17-403 of the Kennedale City Code. 3.3 Interpretation and appeals Interpretation and appeals of this Code shall follow the process established in Section 17-405 of the Kennedale City Code. 3.4 City Council duties. The City Council shall consider and adopt, modify, or reject proposed amendments to this article or of its repeal after recommendation from the Planning &Zoning Commission. 3.5 Applicability. This Code applies to all development, subdivisions, and land uses within the Regulating Plan boundaries, as shown in Figure 2 and more particularly described in Exhibit A. Where not controlled by the Employment Center code, the Employment Center shall be governed by the Kennedale Code of Ordinances to the extent the provisions in the Code of Ordinances are not in conflict with the intent or text of the Employment Center code. Signs specifically prohibited in the zoning ordinance or by City Code are prohibited in the Employment Center District unless specifically stated otherwise herein. 111 Page All private and public development and redevelopment projects are subject to review by the Permits & Planning Department for compliance with this Code, as defined below. Table 3.1. Review Authority Zoning Planning &Zoning Board of Type of Project Administrator or Commission/City Adjustment City Staff Review Council Review Required Required Review Required New construction meeting the standards set forth in this Code Minor Modifications (see Section 3.11.8) Major Modifications (see Section 3.11.C) Variance Request (other than Minor Modifications) Expand, renovate, or repair an existing building meeting the standards of this Code Expand an existing, non-conforming building, not to exceed 25% of the existing area of the land being occupied by the non-conforming use Renovate an existing, non-conforming building without making structural alterations Renovate or repair an existing, non- conforming building, with renovations or repairs to include structural alterations Repair an existing, non-conforming building without making structural alterations Appeal a decision made by the Zoning Administrator Request an amendment to this Code 3.6 Non-conforming buildings. Notwithstanding the regulations in this Code and in Section 17-428 of the Kennedale City Code regarding non- conforming buildings, a non-conforming building may be renovated or repaired, with such renovations or repairs to include structural alterations, without approval from the Board of Adjustment, provided: 121 Page • A building permit application meeting all City requirements for building permits, is submitted to the City and is reviewed and approved by City staff, and • A building permit is subsequently issued by the City; and • The non-conforming building is not enlarged or expanded in any way; and • Any non-conforming use within the building is not enlarged or expanded; and • The renovations or repairs are in conformance with Kennedale City Code, including any masonry requirements, screening requirements, and landscaping requirements. 3.7 Building permits. No building permit shall be issued by the City of Kennedale for any new structure or addition unless the structure conforms to the provisions of this Code. No certificate of occupancy shall be issued for new development unless the structure conforms to the provisions of this Code. 3.8 Shall, should, may. Provisions of this Code preceded by "shall" note regulations or standards that are required, "should" when recommended and encouraged, and "may" when optional. 3.9 Conflict with other city codes. Where provisions of this Code conflict with other City of Kennedale codes, ordinances, or regulations, the provisions of this Code shall prevail. 3.10 Conflict with illustrations and text. Where provisions of this Code provided through illustration conflict with provisions provided in text, the provisions provided in text shall prevail. Photographs used to illustrate text are for illustration purposes only unless otherwise noted. 3.11 Rules for interpretations of boundaries. Where uncertainty exists as to the boundaries of zoning districts as shown on the official zoning map, boundaries shall be determined in accordance with Section 17-404(c) of the Kennedale City Code. 3.12 Development review process. A. Administrative Review. Projects that comply with all standards of this Code shall be processed administratively by the Department. Projects that require interpretation shall be forwarded to the Administrator 131 Page for review, and the Administrator may direct the Planning Director to forward such projects to the Planning & Zoning Commission and City Council for interpretation. See Figure 3 (flow chart) for more information on the process for development review under this Code. The Zoning Administrator shall be responsible for the following: i) Approving minor modifications to the Regulating Plan or minor modifications from the standards set by this Code. ii) Forwarding to the Planning and Zoning Commission projects requiring or requesting major modifications. The Planning Director shall be responsible for the following: i) Reviewing site plan applications for compliance with this Code. ii) Approving site plan applications that are in compliance with this Code and all applicable City regulations and ordinances. iii) Approving modifications or revisions to previously approved site plans that are in compliance with this Code and all applicable City regulations and ordinances. iv) Coordinating any necessary review of projects with other departments within the City of Kennedale. v) Forwarding to the zoning administrator projects requiring interpretation. vi) Forwarding to the Board of Adjustment requests for variances. The Development Services Director shall be responsible for the following: i) Approving building permits for projects that are in compliance with this Code. B. Minor Modifications. The Zoning Administrator is authorized to approve minor modifications to this Code. Permitted minor modifications are as follows: 141 Page i) alternative masonry materials when new materials have been developed and are not yet listed in the Code but clearly meet the intent of the Code; ii) change in landscaping plants to similar plants that meet the intent of the Code and achieve the same effect; iii) minor changes in the site plan that do not significantly alter building orientation, vehicle or pedestrian traffic flow, location of parking areas, or building placement, or does not allow an increase in building height; and iv) changes to a site plan (including landscaping and lighting plans) or building plan that require a modification of any numerical standard in this Code by no more than ten percent (10%) (increase or decrease) with the exception of additional building stories. C. Major Modifications. The City Council is authorized to approve major modifications to this Code. Major modifications are changes that are beyond minor modifications specifically listed above in subsection B. Major modifications are considered an amendment to this Code and as such are subject to the procedures, notifications, public hearings, and other standards for zoning amendments as set forth in the Kennedale City Code Section 17- 429. D. Variances. The Board of Adjustment is authorized to approve variances beyond Minor Modifications as permitted by City Code section 17-430. E. Required Documents. In general, the following information is required, as applicable: i) Site Plans (which may include, but are not limited to, landscaping plans, lighting plans, grading and drainage plans, and utility plans) ii) Building Plan(s) and Elevations iii) Landscape Plan iv) Material Specifications v) Plans and Specifications for Proposed Signs vi) Description of Proposed Scope of Work vii) Photographs of Site and Existing Conditions City staff may ask for additional documentation to confirm compliance with this Code. 15 Page § I A » CU § ) / )2 \ \k ƒ §7 ) § ) r 2 / § \ § j k � _ « R ) 77& ±5 m � � � = I \ § § § \ ƒ © fu d@e > \] \ §\ ) 2] § \2 < Q \ } ƒ ® 7Qr 0 /) \\ Q / w� ) =7 m C j / � EL /\ N > E < $ j 2 \ ) \ /> � r 22) \ ) ±2 & E � f} ) § C2} j / j § T;, IV jdo = IV u \ ] — f \ « &| ¥// $ Figure y Approval proce 3. 161Page SECTION 4. BUILDING PLACEMENT & FRONTAGE 4.1 REQUIRED SETBACKS FOR CORRIDOR COMMERCIAL Properties regulated by this Code shall adhere to the setback requirements set forth below. Table 4.1 Properties oriented toward or having primary access from Parkway roadway types Minimum setback Maximum setback Primary structures (in feet) (in feet) Front (from Parkway)' 20 (see Figure 10) 60 (see Figure 10) Side (from side property line) 02 -- Rear(from rear property line) 8 -- Accessory structures Minimum setback(in feet)from Maximum setback(in feet) primary structure Front (setback from primary 8 structure) Side (from side property line) 02 -- Rear(from rear property line) 8 -- 1 Front setback for a primary structure is the distance between the front fagade of a structure and the street right-of-way. 2 Side setback is 0', subject to fire code. Table 4.2.Properties oriented toward or having primary access from "A"type streets Minimum setback Maximum setback Primary structures (in feet) (in feet) Front (from "A" Street) 20 25 Side (from side property line) 0 -- Rear(from rear property line) 8 -- Accessory structures Minimum setback(in feet) Maximum setback(in feet) Front (setback from primary 8 structure) Side (from side property line) 0 -- Rear(from rear property line) 8 -- 1 Front setback for a primary structure is the distance between the front fagade of a structure and the street right-of-way. 2 Side setback is 0', subject to fire code. 17 Page Table 4.3. Properties oriented toward or having primary access from "8"Street roadway types Minimum setback Maximum setback Primary structures (in feet) (in feet) Front (from "B" Street) 20 25 Side (from side property line) 0 -- Rear(from rear property line) 8 -- Accessory structures Minimum setback(in feet) Maximum setback(in feet) Front (setback from primary 8 structure) Side (from side property line) 0 -- Rear(from rear property line) 8 -- 1 Front setback for a primary structure is the distance between a structure and the street right-of-way. 2 Side setback is 0', subject to fire code. Table 4.4. Properties oriented toward or having primary access from the 1-20 frontage road Minimum setback Maximum setback Primary structures (in feet) (in feet) Front (from 1-20 frontage 20 75 road) Side 0 -- Rear 8 -- Accessory structures Minimum setback(in feet) Maximum setback(in feet) Front (setback from primary 8 structure) Side (from side property line) 0 -- Rear(from rear property line) 8 -- 1 Front setback for a primary structure is the distance between a structure and the street right-of-way. 2 Side setback is 0', subject to fire code.- The terms "front setback," "side setback," and "rear setback" have the same meaning as "setback," "front yard," "side yard," and "rear yard" as defined in Kennedale City Code Section 17-431. 4.2 GREEN CORRIDOR SUB-DISTRICT 1 181 Page Structures are prohibited within the Green Corridor. Retaining walls are permitted when required for safety or stabilization purposes. 4.3 FRONTAGE REQUIREMENTS 4.3.1 Minimum frontage requirement for "A" Type streets Building frontage covering at least fifty percent (50%) of the lot shall be required at the front build-to zone (see Figure 5). The "Build-to zone" is the range of allowable distances from a street right-of-way that a building may be built. The principal building fagade line shall be located within this area (see Figures 4). The Build-to Zone for properties along Parkways in the Corridor Commercial Sub-Districts, for example, is 20-60 feet from the street right-of-way. a I Y r � Figure 4. Percent of building facade required to be constructed within the build-to zone. 19 Page I I I I I � I I I I I I I I I I Building footprint I �, Building facade line I I I I Build-to Zone '1L Max.setback (Hatched Area) ' Min.setback , Property Line J Street Figure 5. Illustration of build-to zone. 4.3.2 Corridor Commercial (Sub-Districts 1 & 2) A. Properties with primary access from or primary orientation toward Link St For rectangular buildings, the longer length of the building shall be oriented toward Link St. Additional orientation standards are controlled by Section 5.1 "Building Orientation" in this document. B. All other properties Building orientation is controlled by Section 5.1 "Building Orientation" in this document. 4.4 BUILDING HEIGHT 4.4.1 Corridor Commercial (Sub-Districts 1 & 2) A. Maximum height. Primary structures shall not exceed five (5) stories in height. B. Finish floor height. Buildings shall have a minimum floor-to-floor height of twelve (12) feet on ground floors and nine (9) feet on upper floors. The ground floor finish level shall be a maximum of twelve (12) inches above the sidewalk. 201 Page C. Accessory structure size. Accessory structures shall clearly be secondary to the primary structure(s) in size and use. 4.4.2 Green Corridor Sub-District 1 Structures are prohibited with Green Corridor Sub-District 1. 211 Page SECTION 5 . BUILDING DESIGN STANDARDS 5.1 BUILDING ORIENTATION The orientation of buildings has a large impact on the character of a district. In the Employment Center, it is important to recognize the auto-oriented nature of this district while also accommodating visitors who come to the Employment Center by bike or on foot. The regulations in this sub-section are intended to ensure building orientation provides for a variety of access options and supports the district character. 5.1.1 Corridor Commercial (Sub-Districts 1 & 2) A. Pedestrian-oriented entrance required. For each primary building whose primary entrance is oriented toward an off-street parking area, a pedestrian-oriented entrance shall be provided on at least one street-facing side of the building (at least one side of the building not oriented toward the off-street parking area). The entrance shall provide a connection to the closest street or sidewalk (or a farther street/sidewalk if another street or sidewalk is more pedestrian-oriented). B. Additional regulations for properties "A"Streets. For properties with primary access from an "A" type roadway or where the primary building is oriented toward Link St, the primary building shall be oriented so that the primary entrance is along the "A" Street. The entrance shall provide a connection to the closest street or sidewalk. A second entrance shall be provided to the building from the side facing the off-street parking area. C. Location of uses within buildings. Buildings shall foster a strong connection to the street by placing internal uses that require window openings and pedestrian entrances (such as offices) in the front of the building. Other internal uses (such as warehousing and storage) shall be placed in the back of the building. 5.2 FENESTRATION/GLAZING The use and design of windows on a structure can have a significant impact on the character of a district, including appeal to pedestrians and to potential visitors driving by in cars, feeling of safety, and 221 Page approachability of a particular building. This section regulates fenestration in order to provide the desired character for the Employment Center. 5.2.1 Corridor Commercial (Sub-Districts 1 & 2) A. Required glazing for primary structures with primary entrance on or oriented toward Parkways or "A"Street roadways (a) Structures accessible/visible to the public on four (4) or more sides. Primary structures shall have a minimum twenty percent (20%) glazing and a maximum of sixty percent (60%) glazing on at least two (2) sides and a minimum ten percent (10%) glazing (60% maximum) on at least one (1) other side. (b)Structures accessible/visible to the public on three (3) or fewersides. Primary structures shall have a minimum twenty percent (20%) glazing and a maximum of 60% glazing on at least one (1) side and a minimum ten percent (10%) glazing (60% maximum) on at least one (1) other side. B. Required Glazing for primary structures with primary entrance on or oriented toward "B" Street roadways Primary structures must have a minimum of twenty percent (20%) and a maximum of sixty percent (60%) glazing on the front (street-facing) fagade and a minimum of ten percent (10%) and a maximum of sixty percent (60%) glazing on at least one other side. C. Blank walls not permitted. Blank walls longer than sixty (60) feet are prohibited. For purposes of this section, "blank wall" means any building wall that is a portion of a building wall or fagade without a window or door or similar architectural feature and is over four feet in height from ground level and longer than 60 feet, as measured horizontally, without having a window, door, building modulation (as defined in Appendix A Definitions, below), or other similar architectural feature meant to lessen the apparent bulk or massing of a structure. D. Visible Transmittance. Glazing on ground-floor facades shall have a visible transmittance of 0.6 or higher. Glazing cannot be mirrored or darkly tinted glass that obscures visibility. For this section, "visible transmittance ('vt')" means the amount of light transmitted through a window. VT is expressed as a number between 0 and 1; the closer the number is to 1, the higher the potential for daylighting. E. Minimum height of glazing. Ground floor glazing shall have a maximum sill height of four(4) feet. 23 Page 5.3 FACADE ARTICULATION Articulation adds to the visual interest of a building and can make a building more appealing to pedestrians and other passers-by. This sub-section is intended to establish articulation standards reflecting the desired character of the Employment Center. 5.3.1 Corridor Commercial (Sub-Districts 1 & 2) For all new structures (for which a building permit application is submitted to the City after the date the Employment Center code is adopted), primary building fagades must be articulated every 40 feet, with a horizontal or vertical articulation of at least 24" (2 feet). New additions to existing buildings shall also be required to have articulation every 40 feet, with a horizontal or vertical articulation of at least 24" (2 feet). Examples of articulation. Examples of acceptable articulation are as follows. 1. Construction of building entrances, display windows, storefronts, balconies, columns, and arcades (obstructing of sidewalks or frontage zones is prohibited); 2. Inclusion of awnings meeting the requirements of Section 7-Signs of this Code; 3. Inclusion of a roof element projecting a minimum of five (5) feet from the building; 4. Additional architectural elements may be used to meet this requirement. Elements not listed above require written approval from the Administrator. 24 Page Figure 6. Not permitted: Blank wall is longer than 60 feet, and no articulation is provided along the facade. z 3 s�sr � ...: It J t a a 3 t t z — t t c is �1 Figure 7. Illustration showing articulation along the building facade 5.4 BUILDING MATERIALS 5.4.1 Primary Structures A. Corridor Commercial(Sub-Districts 1 & 2) 1. Parkways and "A" Streets. All new primary structures shall be constructed of 100% masonry. A minimum of 50% of the masonry material shall be similar in color and style to Acme brand Burgundy type brick (see illustration), with contrasting color permitted for trim and/or cornice and other architectural details. a. The remaining fifty percent (50%) materials used may be determined by the builder/developer subject to the following, so long as masonry (as defined in Section 17-405 of Kennedale City Code) is used. i. Board and batten, vinyl siding, and corrugated metal are prohibited. ii. Hardie-Plank TM (or equivalent) shall be permitted on upper floors of residential buildings or lodging uses only iii. EIFS shall only be permitted on facades ten (10) feet or more above the finished grade of the sidewalk along that fagade. 25 Page 2. "B"Streets. All new primary structures must be constructed of a minimum of 80% masonry. Masonry materials used shall include a minimum 50% brick and the remaining materials permitted to be other masonry materials. For example, materials may be 40% brick, 40% stone, and 20% non-masonry materials such as cedar or architectural metal. The primary color shall be similar in color and style to Acme brand Burgundy brick (see illustration), with contrasting color permitted for trim and/or cornice and other architectural details. a. The remaining twenty percent (20%) accent materials used may be determined by the builder/developer subject to the following: i. Board and batten, vinyl siding, and corrugated metal shall not be used for the remaining 20%. ii. Hardie-PlankTM (or equivalent) shall be permitted on fagades ten (10) feet or more above the finished grade of the sidewalk along that fagade. iii. EIFS shall only be permitted on fagades ten (10) feet or more above the finished grade of the sidewalk along that fagade. Figure 8. Acme Burgundy brick, as seen in TownCenter 5.4.2 Secondary Structures A. Corridor Commercial(Sub-Districts 1 & 2) Secondary or accessory structures must complement the primary structure. Secondary/accessory buildings must be 80% masonry as defined in Section 17-405 of the Kennedale City Code. 261 Page SECTION 6 . SITE DESIGN STANDARDS 6.1 PARKING 6.1.1 Off-Street Parking Placement A. Corridor Commercial(Sub-Districts 1 & 2) 1. Properties oriented toward or with primary access from "A"Street roadways No off-street parking is permitted between the primary structure and the street (all parking must be behind or to the side of the primary structure). Off-street parking areas must be screened (see Parking Screens, below). 2. Properties oriented toward or with primary access from Parkways or"8"Street roadways Off-street parking is permitted along the public street. Off-street parking must be setback from the right-of-way a minimum of six (6) feet and must be screened by masonry or vegetation (see Sub-Section 6.1.2). rl Figure 9. Off-street parking area provided behind the primary structure (secondary building entrances shown) 6.1.2 Screening of Off-Street Parking A. Corridor Commercial(Sub-Districts 1 & 2) Off-street parking visible from a public street must be screened in accordance with the table below. 271 Page Table 6.2 Minimum Height Maximum Height Location of of Screening of Screening Permitted Screening Materials Off-Street Parking (in feet)' (in feet) A combination of masonry and vegetation "A" Street types 3 4 (maximum 50%of screening materials may be masonry) Vegetation (evergreen) or a combination of All other streets 3 4 vegetation and masonry(maximum 50%of screening materials may be masonry) ' If requirements for maintaining a sight triangle do not permit a minimum of three (3) feet, screening must be the maximum height allowed by the sight triangle. z For this sub-section, "masonry" is defined per Section 17-405 of the Kennedale City Code. 3 If masonry is used for screening, it must be of the same material as the primary building. 4 Vegetated screening must be in compliance with Section 6.5.4 of this Code and, where applicable, Section 17-425 and Chapter 17,Article VIII of the Kennedale City Code (where not in conflict with this Code). 5 When masonry is used for screening, no section of masonry screening shall exceed twenty(20)feet in length. 6.1.3 Off-Street Parking Amount A. Corridor Commercial(Sub-Districts 1 & 2) 1. For each of the use types listed below, the parking requirement listed is the minimum amount required. Table 6.3 Use Type Minimum Number of Spaces Required All non-residential except lodging 1 per 250 square feet of building area Residential 1 per unit Lodging 1 per guest room 2. Shared Parking. Shared parking is permitted if a shared parking agreement has been signed and notarized by all users/parties who intend to share parking. The shared parking plan will be subject to review and approval of the Administrator, and the parking agreement must be filed with the Tarrant 28 Page County Clerk. A reduction of up to 20% of the required parking may be permitted. Parking may be shared by different uses on a shared or adjacent site, but the parking facility must be located within six hundred (600) feet of the primary structure for each use. The Administrator is not required to approve a reduction in the required number of parking spaces. 3. Compact Car Parking. Up to fifteen percent (15%) of the required parking may be designed and sized for compact vehicles. 4. Handicapped Accessible Parking. Number and size of handicapped parking spaces provided shall comply with the Americans with Disabilities Act, the Texas Accessibility Standards, and any other applicable federal, state, or local regulations. 6.1.4 Bicycle Parking Parking for bicycles must be provided for every non-residential use. A. Parking amount. Bicycle parking shall be provided at a minimum amount of 5% of the number of spaces provided for car parking. B. Design of bicycle parking spaces. For each required bicycle parking space, a stationary object shall be provided to which a user can secure a bicycle with at least two points of contact with a 6-foot cable and lock. The stationary object shall be either a freestanding bicycle rack or a wall-mounted bracket. Freestanding bicycle racks shall be inverted "U," post and ring, or some other form of bicycle rack providing at least two points of contact. Grid/fence-type racks and wave/ribbon-type bicycle racks are prohibited. Objects for securing bicycles must be dedicated for that purpose and may not be primarily for any other purpose (e.g., signage, traffic safety). C. Location of bicycle parking. The bicycle rack shall be located within 60 feet of the main entrance of the building it serves, and may be located between the street curb and the building, subject to the approval of the Development Services Director. Each bicycle parking area shall be separated from motor vehicle parking and maneuvering areas by a barrier, post, or bollard or by at least five (5) feet of open space. 29 Page 6.1.5 Landscaping for Off-Street Parking A. Corridor Commercial(Sub-Districts 1 & 2) All parking lots and drive areas shall be designed and landscaped in accordance with the following provisions: 1. Where off-street parking is permitted between the primary structure and a public road, all parking or drive areas shall be located a minimum of six (6) feet from right of way lines along public streets. 2. Off-street parking located between the primary structure and the property line or street pavement edge shall be screened. 3. Landscaped areas in a parking lot shall be in addition to all other landscape requirements of this Code and shall be provided in any parking lot of five (5) spaces or more in accordance with the following requirements. 4. One (1) tree shall be provided for each ten (10) parking spaces in all developments, however, no car parking space shall be located greater than seventy-five (75) feet from the center of a tree. Trees shall be a minimum of three (3) inch caliper measured one (1) foot from the ground and planted within a planting island with a minimum dimension of five feet in width. The tree-planting island shall be further planted with a ground cover, grass, or shrubs. B. Vehicle protection. All required landscape areas, planters, walls, and/or fences adjacent to vehicle use areas shall be protected by wheel stops, curbs, or other physical barriers. In no instance shall a parking area be designed so as to permit the encroachment or overhang of a vehicle beyond the required setback line(s) set out above in this sub-section. 6.2 SCREENING 6.2.1 Screening required between incompatible uses A. Screening must be erected, placed, grown and maintained along the common boundary line of any commercial or industrial uses sharing a common boundary with an existing residential use before any commercial or industrial use is made of the property. This screening requirement shall be the responsibility of the owner of the commercial or industrial use. For the purposes of this section, "commercial or industrial use" means any use that is not primarily used for residential use. For example, a business with a caretaker living on site would not be considered a primarily residential use, nor would a hotel. However, a residence with an approved home 301 Page occupation would be considered a primarily residential use for purposes of this Code, even though some business may be transacted at the home. B. No screening wall or fence shall be constructed of materials not manufactured or designed for the primary purpose of wall or fence construction. Gates shall be steel and painted in color corresponding to the primary stru ctu re. 6.2.2 Screening for garbage, refuse and trash collection/storage areas A. Garbage, refuse and trash collection/storage areas shall be screened by a masonry enclosure on three (3) sides. Screening walls shall be a minimum of one (1) foot in height above the materials being stored, and screening walls and fences shall not be greater than eight (8) feet in height. Materials being stored shall not be stored higher than one (1) foot below the screening provided. B. The fourth side shall be screened by a gate. The gate shall be made of wrought iron or architectural metal. C. The masonry used must be of the same material as the primary building. 6.2.3 Screening for loading docks Loading docks shall be screened according to Section 17-424 of the Kennedale City Code. 6.2.4 Screening for parking areas Screening of parking areas is controlled by Sub-section 6.1.2, "Screening of Off-Street Parking," above. 6.2.5 Screening for service bays Service bays shall not face public streets unless screened according to the standards for parking areas, in Sub- section 6.1.2. 6.3 STREETSCAPE STANDARDS The sidewalk widths as specified in Kennedale's Future Transportation Plan were established based on known best practices for pedestrian facilities, and they are the basis of sidewalk width requirements for this Code. The Future Transportation Plan states that Streets (the classification of roadways on the interior of the Employment Center) shall have a minimum sidewalk width of five (5) feet and a maximum sidewalk width of eight (8) feet. Sidewalks along Parkways or Multiway Parkways (the classifications applicable to Kennedale Pkwy) shall have a minimum sidewalk width of five (5) feet. In addition, sidewalks shall be designed to meet the requirements of the 311 Page Americans with Disabilities Act, the Texas Accessibility Standards, and any other applicable federal, state, or local regulations. 6.3.1 Kennedale Parkway frontage requirements The following standards shall apply to all development with frontage along Kennedale Parkway (see Figure 10). A. If surface parking is located between the building and the street right of way, a pedestrian walkway of at least six (6) feet clear width shall be located immediately adjacent to the building. In addition, canopy trees shall be located within this walkway in tree planting strips (minimum 5'x5') at a rate of one (1) tree per thirty (30) linear feet of building frontage. Pedestrian scale lighting shall be added at a rate of one (1) per fifty (50) linear feet of building frontage. B. This walkway shall be clearly linked (through pavers or pavement markings and h/c ramps) to the public sidewalk within the right-of-way of Kennedale Parkway and to the walkway in front of any adjoining building. 6.3.2 Sidewalk requirements A. Sidewalks are to be installed by the developer or builder. Notwithstanding any written agreement between the City and any other person or entity, in no case is the City obligated to install sidewalks. Where it is not feasible to install sidewalks at the time of development, the developer or builder shall pay a fee in lieu of installation. B. Sidewalks shall be installed according to the standards in the Kennedale City Code and the Public Works Design Manual. Notwithstanding the above, sidewalks may be installed using Low-Impact Development Standards if approved, in writing, by the Director of Public Works. Requests to use Low- Impact Development standards must be made in writing. The Director of Public Works shall grant approval to use Low-Impact Development standards only when the Director of Public Works is satisfied the proposed standards will meet the same durability and safety standards as expected from sidewalk construction materials and construction practices required by Kennedale City Code and the Public Works Design Manual. The Director of Public Works is not required to approve the use of Low-Impact Development standards. C. Sidewalks shall be installed at the minimum widths and additional requirements shown in the table below. 32 Page �ltiu 1I 11 d K al Tow I.Row sm- _0 ilk ..MMM "row- . III, x III . I MOM ROOM I. Figure 10. Example of parking area showing required streetscape and site design for properties along Parkway street type. 33 Page Table 6.5 Sidewalk location Minimum Width(in feet) Additional Requirements Street trees shall be installed by the developer/builder when sidewalks are installed, if Parkways 6 permitted by TxDOT.* If street trees are not permitted,then alternative landscaping plans shall be submitted to the City for review and approval. Street trees shall be installed when a curb and gutter "A" streets 5-8 or approved alternative storm water conveyance system is installed. Minimum sidewalk width varies from 5 to 8 feet, depending on available right-of-way. Street trees shall be installed by the developer/builder when sidewalks are installed, if Frontage road 6 permitted by TxDOT.* If street trees are not permitted,then alternative landscaping plans shall be submitted to the City for review and approval. "B" streets 5 Street trees shall be installed by the developer/builder when sidewalks are installed.* * Street trees may be installed after sidewalk installation in order to prevent damage to tree roots during construction. However, sidewalk improvements will not be accepted by the City until street trees are also installed, inspected, and accepted. Figure 11. Example of sidewalk between planting strip and parking lot driveway (along Parkways). 341 l � S' Sidewalk Figure 12. Example of sidewalk location along "A" street types. 1 5' lip m Sidewalk Figure 13. Example of sidewalk(location along "B" street types. 6.3.3 Connections Pedestrian walkways shall be connected across properties to ensure safe, comfortable, and easily- accessible pedestrian connections are present throughout the Employment Center District. 351 Page 6.4 CURB CUTS Poor design and placement of parking lots and driveways can impede traffic flow and can also inhibit connectivity among sites and may reduce pedestrian safety. To enhance connectivity and increase safety, therefore, parking lots and driveways shall be planned to reduce the number of curb cuts and shall be designed to support pedestrian safety, connections, and comfort. The sub-sections below establish criteria for curb cuts within the property regulated by this Code. The following regulations apply to any new curb cuts within the Employment Center and any existing curb cuts within the Employment Center for which a change in location or size is proposed. A. Primary driveways should be designed as streets. This includes designing pedestrian sidewalks and appropriate traffic control measures, as well as providing streetscape improvements and lighting to improve way-finding. B. Parking lots and driveways shall provide pedestrian connections to storefronts. Dedicated walkways through parking lots and sidewalks shall be included in the design of access roadways. C. Traffic calming techniques shall be employed in parking and driveway areas to support pedestrian circulation concepts. D. Drive approach size and construction standards shall be governed by the City of Kennedale Public Works Design Manual. X Figure 14. Primary driveway designed as a street, leading to off-street parking located behind the primary structure. Primary driveways should be designed as streets and should include pedestrian facilities such as sidewalks. 6.4.1 Kennedale Parkway Placement and dimensions of curb cuts along Kennedale Pkwy shall be determined by the Texas Department of Transportation (TxDOT). To the extent authorized by TOOT, cross access or shared access easement shall be 36 1 required. No new certificate of occupancy or building permit will be issued until cross or shared access is in place. 6.4.2 "A" Streets A. Curb cuts on "A" Streets shall be limited to 1 per 500 feet. B. Cross access or shared access easements shall be required. No new certificate of occupancy or building permit will be issued until cross or shared access is in place. 6.4.3 "B" Streets A. Curb cuts on "B" Streets shall be limited to 1 per 250 feet. B. Cross access or shared access easements shall be required. No new certificate of occupancy or building permit will be issued until cross or shared access is in place. 6.5 LANDSCAPING Landscaping shall adhere to the requirements of Kennedale City Code except where modified by this Code. 6.5.1 Kennedale Parkway Development along Kennedale Pkwy shall follow the landscaping plans approved for the City of Kennedale's landscaping on the TxDOT green ribbon grant program. 6.5.2 "A" Streets Street trees are required along roadways classified as "A" Streets. One (1) tree is required a minimum of every forty (40) feet and a maximum of fifty (50) feet, center to center, on average, but can vary to accommodate signage, topography, or other site conditions. For "A" Streets without curb and gutter storm water systems in place at the time of development, placement of street trees is deferred while existing storm water controls are in place. Until such time as curb and gutter or an approved alternative storm water conveyance system is installed, developers may pay a fee in lieu of planting trees. 6.5.3 "B" Streets Street trees for roadways classified as "B" Streets shall follow the requirements of Kennedale City Code in terms of number of trees, size required, placement of trees, and care during construction, as well as any other requirement not in conflict with this Code. 371 Page 6.5.4 Tree and Plant Selection A. Street trees. Street trees shall be selected from the list of approved street trees in Chapter 17, Article VIII, Section 17-605, Table A (b) of the Kennedale City Code, except that Chinese Pistache (Pistachio Chinensis) is prohibited. B. Landscaping plants. Landscaping plants shall be selected from the list of approved plants in Chapter 17, Article VIII, Section 17-605, Table A of the Kennedale City Code, except that the following plants are prohibited: • Japanese Honeysuckle/ Purple Leaf Honeysuckle (LoniceraJaponica/Lonicera Japonica Halliana) • Vinca/ Bigleaf Periwinkle (Vinca Major) C. Other permitted plants. Notwithstanding the above, a landscaping plant not on the approved list may be used if it is demonstrated to be drought tolerant and is a native Texas plant suitable for growing in this area. A list of native plants suitable for North Central Texas is available online at the Lady Bird Johnson Wildflower Center website (www.wildflower.org), and a list of plants suitable for Tarrant County is available from the Texas Parks &Wildlife Department website (tpid.tpwd.state.tx.us). A list of plants recommended by these organizations is attached to this Code as an appendix. Non-invasive, native plants from these lists may be used for landscaping required by this Code. 6.5.5 Landscaping Used as Screening For regulations governing use of landscaping to screen parking areas, see Sub-section 6.2.2 of this Code governing parking, above. For regulations governing use of landscaping for screening other uses, see Section 6.3. 6.5.6 Irrigation Applicable regulations. Except where otherwise in Appendix C, irrigation shall be regulated as set forth in Kennedale City Code. 6.6 LIGHTING Adequate lighting is important to ensure safety for employees who work in the Employment Center District, for customers, and for residents who live nearby. Proper lighting design can also add to the attractiveness and visibility of a property. Poor lighting design, however, can diminish the attractiveness of a site and can also impede 381 Page safety. This section is intended to regulate lighting in the Employment Center to ensure public health, safety, and general welfare and to ensure lighting contributes to the desired character of the district. 6.6.1 Requirements for Exterior Lighting A. Lighting for each property shall be designed for the context of traffic (automobile, bicycle, or pedestrian) on the surface streets abutting the property, rather than for visibility from Interstate 20. B. All luminaries used primarily for illuminating off-street parking areas, lighted canopies for commercial uses, and similar lighting needs shall have a maximum height of twenty(20) feet. C. All luminaires used primarily for walkways, trails, security, decorative effects, lighting equipment or storage areas, fountains, art work, building walls, or similar lighting needs shall have a mounting height no higher than fourteen (14) feet. D. Light trespass shall be minimized; light levels at the property line should not exceed 2 footcandles (fc). Footcandle means the unit of measure expressing the quantity of light received on a surface. One footcandle is the illuminance produced by a candle on a surface one foot square from a distance of one foot. E. Fixtures for decorative lighting must be selected, located, aimed, and shielded so that direct illumination is focused solely on the building fagade, plantings, and other intended site feature, and away from adjoining properties and the public street right-of-way. F. The operation of searchlights for advertising purposes is prohibited between the hours of 9:00 P.M. and 7:00 A.M. 39 Page SECTION 7 . SIGNS 7.1 Purpose of Sign Regulations The purpose of this section is to create the legal framework for a comprehensive and balanced system of signage in the Employment Center District. These regulations are intended to provide an easy and pleasant communication between people and their environment and avoid visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance. In addition to protecting the health, welfare, and safety of the community, these standards are adopted in order to: • Maintain and enhance the aesthetics of our community; • Enhance automobile and pedestrian safety; • Encourage the integration of signage with landscaping and building design; • Protect and enhance scenic views and natural landscapes; • Protect and enhance economic viability of the city's commercial corridors by assuring aesthetic appeal to businesses and residents alike; • Promote the use of aesthetically pleasing sign materials, colors, and types; and • Require safe and effective signage. 7.2 Definitions Terms in this section use the definitions provided in Section 17-502 of the Kennedale City Code unless otherwise specified in this section. 7.3 Administration and Enforcement Administration and enforcement of this Section shall follow the administration and enforcement provisions of Section 17-503 of the Kennedale City Code. 7.4 Applicability. Unless otherwise expressly prohibited under this section or regulated in this section, Sections 17-504 through 17-516 of the Kennedale City Code shall apply to all signs proposed in the Employment Center Zoning District. 7.5 Signs to be located on private property All signs must be wholly located on private property. EDC-owned signs shall be located within an easement dedicated for the purpose of allowing installation, maintenance, and replacement of such signs. 7.6 Prohibited signs 401 Page Except as otherwise stated in this Code, any sign prohibited in Chapter 17 Section 17-514 of the Kennedale City Code is also prohibited within the Employment Center District. In addition, Electronic Reader Board/Message Board signs and Changeable Electronic Variable Message signs (CEVMS) (as defined in the Kennedale City Code) are also prohibited. 7.7 Sign Height and Location Sign height, type, and location shall be as set forth in the tables below. Figures shown are for illustration purposes only. The illustrations used do not necessarily show signs meeting the standards of this Code. i Figures 15 and 16. Pole signs,various heights. TABLE 7.1 POLE SIGNS Location Maximum height Maximum sign face area (in feet) (in square feet) Permitted on High Ridge Rd and Wrey Crest Rd 75 360 Additional Requirements: 1) A total of two (2) pole signs are permitted within the Sub-District 1, and two (2) signs are permitted with Sub- District 2. No more than one (1) pole sign shall be permitted per lot. Pole signs on High Ridge Rd shall be located between the 1-20 frontage road and Link St, but shall not be located within one hundred (100) feet of Link St. Pole signs on Wrey Crest shall not be located within one hundred (100) feet of Kennedale Pkwy. Pole signs in existence before adoption of this Code shall be considered non-conforming under Section 17-513 of Kennedale City Code. 2) Pole signs in Sub-District 1 shall be shared between at least two tenants/businesses within the Employment Center District. 3) Pole signs in Sub-District 1 shall not be permitted without a signed, recorded agreement as described in Section 17-510(e) of the Kennedale City Code concerning unified sign agreements. 4) Pole signs in Sub-District 1 shall not be permitted without an approved sign plan as described in Section 17- 510(d) of the Kennedale City Code concerning unified sign agreements. 41 Page i Figure 17. Example of monument sign. PARK O } ENTRAKE } i TABLE 7.2 MONUMENT SIGNS Location Maximum Height Maximum sign face area (in feet) (in square feet) All parcel S6 122 100 Additional Requirements: 1) The sign base and sign structure shall be brick, stone, or masonry material matching the front facade of the primary building. The sign face shall be framed on the sides by a minimum of six (6) inches of brick, stone, or masonry material matching the front facade of the primary building. 2) Address numbers are required on business monument signs. If the area of the address number is five (5) square feet or less, the area will not count toward the maximum sign face area. The address numbers can be placed in or encroach into the masonry perimeter. 3) A maximum of one (1) monument sign is permitted per lot. A monument sign may not be located on the same lot as a KEDC-owned multi-tenant monument sign. 4) KEDC-owned monument signs shall follow regulations in Table 7.3. 421 Page I Viresmirie Jj Figure 18. Example of brick multi-tenant sign. r, TABLE 7.3 KEDC*-OWNED MULTI-TENTANT MONUMENT SIGNS Location Maximum Height Maximum sign face area (in feet) (in square feet) To Be Determined 15 150 (each side) 1) One (1) sign of this height and area is permitted within the Employment Center Corridor Commercial sub- district. 2) The purpose of the sign is to permit multiple businesses to reserve space on a monument sign not located on the businesses' property, with design and maintenance of the sign to be the responsibility of the EDC. 3) The sign base and sign structure shall be brick, stone, or masonry material matching the front facade of the building. The sign face shall be framed on the sides by a minimum of six (6) inches of brick, stone, or masonry material matching the front facade of the building. *KEDC= Kennedale Economic Development Corporation 431 Page The following illustrations are not intended to show signs that meet the requirements of this Code, but rather are intended to illustrate the general concept of a district identification sign. All 1 Of Figures 19-21. Examples of district identification signs. Images courtesy WikiCommons users. See Appendix D for credit information. TABLE 7.3 KEDC-OWNED DISTRICT IDENTIFICATION SIGNS Location Maximum Height Maximum sign face area (in feet) (in square feet) Kennedale Pkwy 27 135 (each side) Additional Requirements: 1) On property owned by the Kennedale Economic Development Corporation (KEDC), the KEDC is permitted to install and manage one (1) identification sign,the purpose of which is to identify the Employment Center District. The sign shall serve as a gateway feature and may also be used to provide way-finding information for sub- districts and features within the District. The sign shall not be used to identify or promote individual tenants of the District but may be used to indicate the location of particular businesses or sub-districts. Sign listings shall have a consistent font type, color, and size so as not to promote individual tenants. 2) The sign(s) must be designed and maintained as an entry feature for the city and the district. 3) The sign base and sign structure shall be brick, stone, or masonry material matching the primary design theme for the District. 441 Page e KENNEDALik Figure 22. Example of an attached sign. ---- - — — — — --------- ---- --= —r ---TABLE 7.4 ATTACHED SIGNS Location Maximum height Maximum sign face area Permitted on all properties Shall not exceed 75%of facade Maximum four hundred (400) square feet Additional Requirements: 1) Attached signs facing existing residential or lodging uses shall be shielded or use lighting techniques that prevent the illumination from intruding into structures on adjacent or other properties at night. 2) A maximum of two (2) attached signs is allowed per business. Every sign should be an integral, subordinate element within the overall building and site design. The scale and proportion of the signage shall not overpower the building or obscure the building's architectural features. 3) The direct painting of signs on buildings shall be prohibited except for signs less than a three-square-foot area used for building identification (such as the street address). 4) In no case shall an attached sign project above the roof line of any building, except those attached to parapet walls, and the sign may not extend above the parapet wall. 5) Signs may be illuminated with internal lighting. No exposed neon is permitted. 6) For multi-tenant buildings,the following regulations apply: (a) Each lease or tenant space shall be permitted only one attached sign per street front with a maximum of two attached signs per tenant/lease space. (b) The dimensions of each of the two signs shall be based upon the street typology that the respective building facade faces. (c) Signs may be illuminated with internal lighting. No exposed neon is permitted. 451 Page "I 4iM F t L,�I Figure 23. Example of an awning sign. Photo courtesy Gary Halvorson, Oregon State Archives. TABLE 7.5 AWNING SIGNS Location Minimum height Maximum sign face area Permitted on all properties 8 ft above sidewalk/clear zone See below Additional Requirements: • Awnings may encroach into the sidewalk to within 2 feet of the curb (or within 2 feet of the edge of the clear zone, if building is not adjacent to the sidewalk) but must clear the sidewalk/clear zone vertically by at least 8 feet. • Permitted materials shall be canvas cloth or equivalent (no shiny or reflective materials), metal, or glass. • Awnings shall have a minimum depth of three (3)feet. • No internal illumination is permitted through the awning/overhang. • Except for wall signs permitted to be attached to canopies, lettering and/or logos on awning and canopies shall be limited to 5 inches tall on the vertically hanging fabric/face at the curb side of the awning or canopy. • Lettering on awnings or canopies is limited to the business logo, business name, and/or slogan. Phone numbers, website addresses, and other additional wording that would clutter the lettering space are prohibited. 46 Page Figure 24. Example of off-premises pole-type directional sign. IN 0 Figure 25. Example of off-premises monument-type directional sign. TABLE 7.6 OFF-PREMISES DIRECTIONAL SIGNS Sign Type Maximum Height Maximum sign face area (in feet) (in square feet) Pole—Street Sign Type Pole height—10 Sign blade—.5 (6") 1.5 (see Additional Requirements) Monument 4 16 Additional Requirements: 1) For monument signs, the sign base and sign structure shall be brick, stone, or masonry material matching the front facade of the primary building. The sign face shall be framed on the sides by a minimum of six (6) inches of brick, stone, or masonry material matching the front facade of the primary building. 2) A maximum of one (1) monument directional sign is permitted per lot. A maximum of one (1) pole type directional sign is permitted per Corridor Commercial sub-district. A directional sign may not be located on the same lot as a KEDC-owned multi-tenant monument sign. Lettering shall not exceed fifty percent (50%) of the sign height. 3) Sign blades for directional pole signs shall be a maximum of 6" (.5 feet) in height and three (3) feet in length. If sign blades extend on both sides of the sign pole, maximum sign blade length is one-and-a-half(1.5)feet. 471 Page 7.8 Measurement of sign height As applied to a sign, height shall be measured as the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and final finished grade at the center of the base of the sign. Final finished grade means the top compacted and leveled earth for the purposes of constructing a slab foundation, as shown on the approved site plan for the development for which a sign is requested. 7.9 Master Sign Plan The owner(s) of a tract or tracts of land may file a master sign plan request in order to ask for a multi-tenant sign to be permitted or for a modification of any requirements that may apply to a sign under this Code. To request a multi-tenant sign, the property or properties in question must qualify under a unified sign agreement under Section 17-510 of the Kennedale City Code and must follow the process for requesting a unified sign agreement as stated in Section 17-510. 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T t0 O Q U E m U bo m ± a a O p p v a p or O o 'E v v >.� `o p o 'E o v v 3 m Q N GL w � aa' by ab)l >Y T 0 O U N w L .�+ io `O L v tea, O 'w^ a, O m m 00 'c u r Q ° a \ ba ba ° ° ° °°° a, T u ° > cL' ° ° E E 'C aJ N aJ m � bo C a) a) C '� bo 0 -p 3 = a) `p a U a, a) bo Q a, a, U O aJ w N 0 U C .0 O O +O+ O 3 > p O m ~ cn °' °' m o Q +° N 0'2 p a, bD o O w w L Q Q s Q 0 o =o Q o n Q n Q v O It • • • • • • • • • • • • • • • • ti U ° m m m m m 7 a) co vco vco vco vco v� E E E E E p E E E E E N O v V vOi V vOi V vOi V vOi V vOi (7 T O by � O N '6 U = U O m � N O a, N U °- E E ba 0 2- Q C o cL v C al bo bbD a) om W O O a, O — v p O v Q a) O j Q 0 Q m t°n LA EXHIBITS A District boundaries: property regulated by this Code 551 Page Exhibit A Property Regulated by This Code The boundaries of the Employment Center district are, approximately: Kennedale Parkway to the east, the Union Pacific rail line to the west, the IH-20 frontage road to the north, and Village Creek to the south. The Corridor Commercial Sub-District 1 is bisected by the Green Corridor Sub-District 1. The boundaries of the northern section are, approximately: the QuikTrip Planned Development District to the north, the Green Corridor Sub-District 1 to the south, High Ridge Road to the west, and Kennedale Pkwy to the east. The boundaries of the southern section are, approximately: the Green Corridor Sub-District 1 to the north, Oak Crest Drive to the south, High Ridge Road to the west, and Kennedale Pkwy to the east. The boundaries of the Green Corridor Sub-District 1 are, approximately: Corridor Commercial Sub-District 1 to the north and to the south, High Ridge Rd to the west, and Kennedale Pkwy to the east. More specific boundaries shall be established as properties are re-zoned under this Code. 561 Page APPENDICES A. Definitions B. Native plant lists C. Irrigation requirements D. Photo credits 571 Page APPENDIX A. DEFINITIONS Blank wall means any building wall that is a portion of a building wall or fagade without a window or door or similar architectural feature and is over four feet in height from ground level and longer than 60 feet, as measured horizontally, without having a window, door, building modulation, or other similar architectural feature meant to lessen the apparent bulk or massing of a structure. Build-to zone means range of allowable distances from a street right-of-way that a building may be built. Footcandle means the unit of measure expressing the quantity of light received on a surface. One footcandle is the illuminance produced by a candle on a surface one foot square from a distance of one foot. Frontage zone means the area between the pedestrian walkway or sidewalk and primary structure (or property line, for structures where no front setback is required). Pedestrians tend to avoid walking close to barriers such as buildings, storefronts, walls, or fences, in the same way that they tend to avoid walking close to the roadway. For this reason, some sub-districts in the Employment Center have a minimum frontage zone width in order to provide more comfort for pedestrians. Typically, the frontage zone is also the area in which sidewalk entertainment, such as street cafes and vendors, are located. Sometimes also referred to as a clear zone, the frontage zone buffers pedestrians from appurtenances, doorways, and similar obstacles. Harvested rainwater means storm water that is conveyed from a building roof, stored in a cistern or rain barrel, and disinfected and filtered before being used. Modulation means the stepping back or projecting forward of parts of a building. Structure means anything constructed or erected having location on or under the ground or attached to something having location on or under the ground, but not including fences or screening walls required by this Code. Visible Transmittance means the amount of light transmitted through a window. VT is expressed as a number between 0 and 1; the closer the number is to 1, the higher the potential for daylighting. 581 Page APPENDIX B . NATIVE PLANTS APPROPRIATE FOR THE KENNEDALE REGION 591 Page APPENDIX B Native Plants The following plants are recommended by the Lady Bird Johnson Wildflower Center for use in the North Central Texas area. Scientific Name Common Name Duration Habit Sun Water Acer negundo Ash-leaf maple, Ash-leaved maple, Box Perennial Tree Sun Moist elder, Boxelder, Fresno de guajuco Aesculus glabra Ohio buckeye, Texas buckeye, Fetid Perennial Tree Sun, Moist buckeye, Horse chestnut Shade, Part- shade Amblyolepis setigera Huisache daisy, Butterfly daisy, Honey Annual Herb Part- Dry daisy shade Amorpha fruticosa Indigo bush, False indigo bush, False Perennial Shrub Sun, Moist indigo, Desert false indigo Part- shade Andropogon gerardii Big bluestem, Turkeyfoot Perennial Grass/Grass-like Sun, Moist Part- shade Anisacanthus Flame acanthus, Hummingbird bush, Perennial Shrub Sun, Moist, quadrifidus var. Wright's desert honeysuckle, Wright Part- Dry wrightii acanthus, Mexican flame, Wright's shade Mexican flame Aquilegia canadensis Eastern red columbine, Wild red Perennial Herb Shade, Moist, columbine Part- Dry shade Asclepias tuberosa Butterflyweed, Butterfly milkweed, Perennial Herb Sun, Moist, Orange milkweed, Pleurisy root Part- Dry shade Bignonia capreolata Crossvine Perennial Vine Sun, Moist, Part- Dry shade Bouteloua Sideoats grama Perennial Grass/Grass-like Sun, Moist, curtipendula Part- Dry shade Bouteloua Buffalograss, Buffalo grass Perennial Grass/Grass-like Sun Dry dactyloides Bouteloua gracilis Blue grama Perennial Grass/Grass-like Sun Dry Callicarpa American beautyberry, French Perennial Shrub Part- Moist americana mulberry shade Callirhoe digitata Finger poppy-mallow, Poppy mallow, Perennial Herb Sun Dry Standing winecup, Wine cup, Winecup Callirhoe Winecup, Purple poppy mallow Perennial Herb Sun, Moist, involucrata Part- Dry shade 601 Page Campsis radicans Trumpet creeper, Trumpet vine, Perennial Vine Sun Moist Common trumpet creeper, Cow vine Dry Carya illinoinensis Pecan Perennial Tree Sun Moist Carya texana Black hickory Perennial Tree Part- Dry shade Castilleja indivisa Entireleaf indian paintbrush, Texas Annual Herb Sun Dry paintbrush, Indian paintbrush, Scarlet paintbrush, Entire-leaf indian- paintbrush Centaurea American basket-flower, American Annual Herb Part- Dry americana star-thistle, Basket-Flower, Star thistle, shade Shaving brush Cephalanthus Common buttonbush, Buttonbush, Perennial Shrub Shade, Wet, occidentalis Button willow Part- Moist shade Cercis canadensis Texas redbud Perennial Tree Sun, Dry var. texensis Part- shade Chromolaena Jack in the bush, Fragrant boneset, Perennial Shrub Part- Dry odorata Fragrant mistflower, Crucita, Blue shade mistflower Clematis pitcheri Purple clematis, Purple leatherflower, Perennial Vine Sun, Moist Leatherflower, Bluebill Part- shade Conochnium Blue mistflower Perennial Herb Sun, Moist coelestinum Part- shade Cooperia Evening rain lily, Evening star rain lily Perennial Herb Sun, Moist, drummondii Part- Dry shade Coreopsis tinctoria Plains coreopsis, Golden tickseed, Annual Herb Sun, Moist Goldenwave, Calliopsis Part- shade Diospyros texana Texas persimmon, Mexican Perennial Tree Sun, Dry persimmon, Black persimmon, Part- Chapote, Chapote prieto shade Echinacea Black Sampson, Black Samson Perennial Herb Sun, Dry angustifolia echinacea, Narrow-leaf Coneflower Part- shade Echinacea purpurea Eastern purple coneflower, Purple Perennial Herb Sun, Dry coneflower Part- shade Engelmannia Engelmann's daisy, Engelmann Daisy, Perennial Herb Sun Dry peristenia Cutleaf Daisy Eryngium Leavenworth's eryngo, Eryngo Annual Herb Sun, Moist leavemvorthii Part- shade Eustoma exaltatum Texas bluebells, Texas bluebell, Annual, Herb Sun Moist 611 Page ssp. russellianum Bluebell, Showy prairie gentian, Prairie Biennial, gentian Perennial Frangula Carolina buckthorn, Carolina false Perennial Tree Part- Moist caroliniana buckthorn, Indian cherry shade Fraxinus americana White ash Perennial Tree Sun, Moist, Shade, Dry Part- shade Gaillardia pulchella Firewheel, Indian Blanket Annual Herb Sun, Dry Part- shade Glandularia Prairie verbena, Purple prairie verbena, Annual, Herb Sun, Dry bipinnatifida var. Dakota mock vervain, Dakota vervain Perennial Part- bipinnatifida shade Helianthus Maximilian sunflower, Max sunflower Perennial Herb Sun Moist, maximiliani Dry Hesperaloe Red yucca, Coral yucca, Red flowered Perennial Cactus/Succulent Sun Dry parviflora false yucca, Redflower false yucca, Samandoque, Yellow yucca Hibiscus laevis Halberdleaf rosemallow, Halberdleaf Perennial Shrub Sun, Moist hibiscus, Scarlet rose mallow Part- shade Hilaria belangeri Curly-mesquite Perennial Grass/Grass-like Sun Dry var. belangeri Ilex decidua Possumhaw, Possumhaw Holly, Perennial Shrub Sun, Moist Deciduous Holly, Winterberry, Part- Deciduous yaupon shade Ilex vomitoria Yaupon, Yaupon holly, Cassina Perennial Shrub, Tree Sun, Moist, Shade, Dry Part- shade Juglans nigra Black walnut, Eastern black walnut Perennial Tree Sun, Moist Part- shade Juniperus ashei Ashe juniper, Ashe's juniper, Mountain Perennial Tree Part- Dry cedar, Blueberry juniper shade Juniperus virginiana Eastern red cedar, Eastern redcedar, Perennial Tree Sun, Dry Virginia juniper Shade, Part- shade Lantana urticoides Texas lantana, Calico bush, West Perennial Shrub Sun Dry Indian shrub-verbena Leptochloa dubia Green sprangletop Perennial Grass/Grass-like Part- Dry shade Liatris elegans Blazing star, Gay feather, Pink-scale Perennial Herb Sun Dry gayfeather, Pinkscale blazing star Liatris mucronata Cusp gayfeather, Gayfeather, Blazing Perennial Herb Sun Dry star, Narrow-leaf gayfeather, Texas 621 Page gayfeather, Cusp blazing star Lobelia cardinalis Cardinal flower Perennial Herb Sun, Wet, Shade, Moist Part- shade Lonicera albiflora Western white honeysuckle, Texas Perennial Vine Sun, Moist, honeysuckle, White honeysuckle, Part- Dry White shrub honeysuckle, White shade limestone honeysuckle Lonicera Coral honeysuckle, Trumpet Perennial Vine Sun, Moist sempervirens honeysuckle, Woodbine Part- shade Lupinus texensis Texas bluebonnet, Bluebonnet, Texas Annual Herb Sun Dry lupine, Buffalo clover, Wolf-flower Machaeranthera Tanseyleaf tansyaster, Tahoka Daisy, Annual Herb Sun, Dry tanacetifolia Tansy Aster Part- shade Mahonia swaseyi Texas barberry, Texas Oregon-grape Perennial Shrub Sun Mahonia trifoliolata Agarita, Agarito, Algerita, Laredo Perennial Shrub Sun, Moist, mahonia, Laredo Oregon-grape, Part- Dry Trifoliate barberry shade Melampodium Blackfoot Daisy, Rock daisy, Plains Perennial Herb Sun, Dry leucanthum blackfoot Part- shade Monarda citriodora Lemon beebalm, Horsemint, Purple Annual Herb Sun, Dry horsemint, Lemon mint, Plains Part- horsemint, Lemon horsemint shade Muhlenbergia Lindheimer's muhly, Big muhly, Perennial Grass/Grass-like Sun Moist, lindheimeri Lindheimer muhly Dry Muhlenbergia Seep muhly Perennial Grass/Grass-like Sun Moist, reverchonii Dry Oenothera Bigfruit evening-primrose, Fluttermill, Perennial Herb Sun, Dry macrocarpa ssp. Missouri evening primrose Part- macrocarpa shade Oenothera speciosa Pink evening primrose, Showy evening Perennial Herb Sun Moist, primrose, Mexican evening primrose, Dry Showy primrose, Pink ladies, Buttercups, Pink buttercups Palafoxia callosa Small palafox, Small palafoxia Annual Herb Sun Dry Panicum virgatum Switchgrass, Wand panic grass Perennial Grass/Grass-like Sun, Moist, Part- Dry shade Parthenocissus Virginia creeper Perennial Vine Sun, Moist quinquefolia Shade, Part- shade Passiflora incarnata Purple passionflower, Purple passion Perennial Vine Sun, Moist, vine, Maypop, Apricot vine Part- Dry 631 Page shade Penstemon cobaea Wild foxglove, Prairie penstemon, Perennial Herb Sun, Dry Foxglove penstemon, False foxglove, Part- Large-flowered beardtongue, Large- shade flowered penstemon, Prairie beardtongue, Cobaea penstemon Phlox drummondii Annual phlox, Phlox, Drummond phlox Annual Herb Sun, Dry Part- shade Physostegia Beautiful false dragon-head, Showy Perennial Herb Part- Moist pulchella false dragonhead shade Platanus occidentalis American sycamore, Buttonwood, Perennial Tree Sun, Moist Plane-tree, Sycamore Shade, Part- shade Poa arachnifera Texas bluegrass, Texas blue grass Perennial Grass/Grass-like Sun, Moist Part- shade Prosopis glandulosa Honey mesquite Perennial Tree Sun Dry Prunus mexicana Mexican plum, Bigtree plum Perennial Tree Sun, Moist, Part- Dry shade Quercus fusiformis Escarpment live oak, Plateau live oak, Perennial Tree Sun, Dry Texas live oak, Scrub live oak, Hill Part- country live oak, Plateau oak shade Quercus macrocarpa Bur oak, Burr oak, Savannah oak, Perennial Tree Sun, Wet, Overcup oak, Prairie oak, Mossy-cup Shade, Moist, oak, Mossy-overcup oak, Blue oak Part- Dry shade Quercus marilandica Blackjack oak, Barren oak, Black oak, Perennial Tree Part- Dry Jack oak shade Quercus Chinkapin oak, Chinquapin oak, Perennial Tree Sun, Dry muehlenbergii Chestnut oak, Yellow chestnut oak, Part- Yellow oak, Rock chestnut oak, Rock shade oak Quercus shumardii Shumard oak, Shumard's oak, Shumard Perennial Tree Sun, Moist, red oak, Southern red oak Part- Dry shade Quercus stellata Post oak Perennial Tree Part- Dry shade Quercus texana Nuttall Oak, Texas red oak, Texas oak, Perennial Tree Part- Spanish oak, Rock oak shade Ratibida columnifera Mexican hat, Prairie coneflower, Perennial Herb Sun Moist, Upright prairie coneflower, Red-spike Dry mexican-hat, Long-headed coneflower, Thimbleflower Rhus aromatica Fragrant sumac, Aromatic sumac, Perennial Shrub Sun, Moist, Lemon sumac, Polecat bush Shade, Dry Part- 641Page shade Rhus lanceolata Prairie flameleaf sumac, Flame-leaf Perennial Tree Sun Dry sumac, Prairie sumac, Lance-leaf sumac Rudbeckia hirta Black-eyed Susan, Common black-eyed Annual Herb Sun, Moist, Susan, Brown-eyed Susan Shade, Dry Part- shade Salvia azurea Pitcher sage, Big blue sage, Azure sage, Perennial Herb Part- Dry Giant blue sage, Blue sage shade Salvia farinacea Mealy blue sage, Mealy sage, Perennial Herb Sun Moist Mealycup sage Salvia greggii Autumn sage, Cherry sage, Gregg Perennial Shrub Sun Dry salvia Salvia regla Mountain sage, Royal sage Perennial Shrub Shade, Dry Part- shade Salvia roemeriana Cedar sage Perennial Herb Part- Dry shade Sapindus saponaria Western soapberry, Soapberry Perennial Tree Sun, Moist, var. drummondii Part- Dry shade Schizachyrium Little bluestem Perennial Grass/Grass-like Sun, Dry scoparium Part- shade Sorghastrum nutans Indiangrass, Yellow indian grass Perennial Grass/Grass-like Sun, Moist, Shade, Dry Part- shade Styphnolobium affine Eve's necklace, Eve's necklacepod, Perennial Tree Part- Dry Texas sophora shade Taxodium distichum Bald cypress, Baldcypress, Common Perennial Tree Sun, Moist bald cypress, Southern bald cypress, Part- Deciduous cypress shade Thelesperma Stiff greenthread, Greenthread Annual Herb Sun Dry filifolium Tradescantia Prairie spiderwort, Western Spiderwort, Perennial Herb Sun, Dry occidentalis Spiderwort Part- shade Jiipsacum Eastern gamagrass Perennial Grass/Grass-like Part- Moist dactyloides shade Ulmus americana American elm, White elm Perennial Tree Sun, Moist Part- shade Ulmus crassifolia Cedar elm, Fall elm, Olmo Perennial Tree Part- Moist shade Ungnadia speciosa Mexican buckeye Perennial Tree Sun, Dry Part- 65 1 Page shade Vernonia baldwinii Baldwin's ironweed, Western Ironweed, Perennial Herb Sun Moist Ironweed Viburnum rufidulum Rusty blackhaw viburnum, Rusty Perennial Tree Part- Dry blackhaw, Southern blackhaw, Downy shade viburnum Wedeha texana Zexmenia, Orange zexmenia, Wedelia, Perennial Herb Sun, Moist, Hairy wedelia, Texas creeping-oxeye Part- Dry shade Yucca rupicola Twistleaf yucca, Twisted-leaf yucca, Perennial Cactus/Succulent Sun, Dry Texas yucca Part- shade 661 Page APPENDIX C . IRRIGATION 1. Control by automated irrigation system. Landscaped areas shall be controlled by an automatically controlled timer, unless the use of the property would otherwise prohibit use of a timer. Irrigation systems shall be installed with a rain shut off sensor. (a) The irrigation system shall be designed so that overspray onto structures, streets, sidewalks, windows, walls, and fences is minimized. (b) High-efficiency irrigation systems, such as (but not limited to) drip or soaker hose systems, are required for non-turf areas. (c) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required as close as possible to the point of connection of the water supply to minimize water loss in case of an emergency (such as a main line break) or routine repair. ll. Cisterns. The use of cisterns for rainwater harvesting is permitted. (a) Harvest rainwater shall be used for irrigation only. Piping for rainwater harvesting systems shall be separate from and shall not include any direct connection to any potable water piping or to the city's sanitary sewer system. Cisterns shall not be used to provide potable water. Filter systems are required to remove solids and debris and shall be treated or controlled to prevent mosquito breeding. (b) Cisterns shall be located in the rear yard or side yard and must be screened so as not to be seen from the public street. Screening must meet the screening regulations of this Code. (c) Cisterns shall not exceed ten (10) percent coverage in any required yard. The maximum height of any cistern shall be ten (10) feet. (d) Cisterns shall be located a minimum of eight (8) feet from any side lot line and a minimum of eight (8) feet from any rear lot line. (e) Cisterns shall be made of durable materials sufficient to withstand weight and pressure from water storage and resist leaking or corrosion. (f) Every irrigation outlet shall be permanently identified with an indelibly marked placard stating: "CAUTION: HARVESTED RAINWATER; DO NOT DRINK." (g) Installation and repair of cisterns requires an irrigation permit or plumbing permit, as applicable, from the City of Kennedale. Cisterns larger than 175 square feet require an accessory building permit. (h) Rain barrels with capacity of 100 gallons or less shall not require an irrigation or plumbing permit but shall meet all other requirements of this sub-section. (i) The design, maintenance, and use of rainwater harvesting systems are the responsibility of the individual system owners 67 Page APPENDIX D. IMAGE CREDITS All images in this document are courtesy City of Kennedale or Livable Plans &Codes unless otherwise stated below. Figure 17. Morpho Landscape Architecture Figure 19. Dsafdy (GFDL or CC-BY-SA-3.0-2.5-2.0-1.0, via Wikimedia Commons) Figure 20. Xnatedawgx (Own work) [(CC-BY-SA-3.0 or GFDL), via Wikimedia Commons] Figure 21. Stacalusa (Own work) (Public domain), via Wikimedia Commons Figure 23. Gary Halvorson, Oregon State Archives 681 Page ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 40, THE ZONING ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, AS AMENDED, BY AMENDING SECTION 17-415A OF ARTICLE VI ZONING BY EXTENDING THE DISTRICT PURPOSE AND BOUNDARIES AND BY AMENDING `EXHIBIT A'; 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, in order to promote the public health, safety and general welfare the City Council desires to adopt the proposed amendment to its city code in order to continue implementing the comprehensive land use plan adopted in March 2012; 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 Planning and Zoning Commission of the City of Kennedale, Texas held a public hearing on July 17, 2014, and the City Council of the City of Kennedale, Texas held a public hearing on August 14, 2014, 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 the approval of amending Article VI of the Kennedale City Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, THAT: SECTION 1. Section 17-415A, Article VI, "Zoning", of Chapter 17, "Planning and Land Development", of the Code of Ordinances of the City of Kennedale is hereby amended by replacing section (a) Purpose, as follows: Sec. 17-415A.- "EC" employment center district. (a) Purpose. The "EC" employment center district is intended to be utilized in the neighborhoods and districts of Kennedale north of Village Creek to encourage redevelopment of the area with a mix of land uses, including retail/restaurant, hotel, office/flex space, senior living, a green corridor, a nature preserve/natural area and related outdoor activity center, and a park and ride stop. SECTION 2. The Employment Center District Code attached to this ordinance as Exhibit "A" is hereby adopted as Exhibit "A" to the Zoning Ordinance. SECTION 3. 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. SECTION 4. 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. SECTION 5. 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. SECTION 6. 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. SECTION 7. 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. SECTION 8. 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. PASSED AND APPROVED ON THIS 14TH DAY OF AUGUST 2014. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY ic KENNEDALE Planning and Zoning Commission Staff Report to the Commissioners www.c rtyo f I<e n n e d a l e.co m Date:July 17, 2014 Agenda Item No: REGULAR ITEMS- B. I. Subject: CASE#PZ 14-07 Public hearing and consideration of Ordinance approval regarding a request for a city-initiated zoning change from "C-2" General commercial district to "EC" Employment Center district for approximately 3.1 acres located at 5411 Kennedale Pkwy, 1298& 1302 W Kennedale Pkwy, 5500 E IH 20, and an unaddressed parcel on E IH 20, legal description of David Strickland Survey A1376 Tr 32B01& 32D, M J Freeman Addn Blk 1 Lot 1, Broyles Addn Blk 1 Lot 1 & Part of closed street, and Dunlap Subdivision Blk 1 Lot 1, Kennedale,Tarrant County,Texas. 1) Staff presentation 2) Public hearing 3) Staff response and summary II. Originated by: Rachel Roberts, City Planner III.Summary: Case#: PZ 14-07 Request: rezone from C-2 to EC Location: I-20 & Kennedale Pkwy; see attached map Requestor: City of Kennedale Property Owner: various Background &Overview. The properties in this case are at the entrance to Kennedale at I-20/820 and Kennedale Pkwy. Three of the properties have structures, two of which are not in use. The other two properties are very small, and are not large enough for buildings, as you'll see on the attached map and ordinance exhibit "A." One of the existing buildings used to house a sexually-oriented business and was sold to a medical practice.The medical practitioners originally intended to open an urgent care clinic at that location, but we understand that their plans have since changed, and we believe they intend to sell the property. The former Majestic Liquor building is currently vacant and is available for sale. Last year,the City rezoned properties across the street as Employment Center("EC") district, and staff is now requesting the City rezone the properties in this case as EC, as well. Staff Summary. Compliance with the Comprehensive Land Use Plan. The Future Land Use Plan identifies this area as Employment Center. The Employment Center is intended to have a mix of uses, including office, retail, restaurant, hotel, or multi-family. The EC zoning district was created to allow implementation of the comprehensive plan in this part of Kennedale, and staff considers the EC code to be in compliance with the comprehensive plan. Because the requested zoning change is in compliance with the comprehensive plan's Future Land Use Plan and because staff considers the EC district code to be also in compliance with the comprehensive plan, staff believes the requested rezoning complies with the comprehensive plan. Compliance with other plans. As noted during the first phase of rezoning properties as EC, the Strategic Plan does not directly address the idea of developing new zoning standards for Oak Crest, but it does recognize the Oak Crest area as being in need of redevelopment.The plan recommends taking steps to attract new businesses to Kennedale. Having a more predictable zoning code is helpful in business recruitment, so the EC district rezoning supports this recommendation. Compliance with City Council priorities. One of the Council's goals is for Kennedale to be a sustainable, attractive city.The EC code sets a higher standard for building form and site design than our zoning code requires, and development under this code is expected to be more attractive than would be expected under the regular zoning code. In addition,two of the Council's other goals also relate to this case. One goal, Achieve a Thriving Community, calls for providing more options for the community in terms of appropriate, desired businesses, as well as creating an environment where residents will want to live in Kennedale throughout their lives.The Employment Center code relates to this goal by setting standards that make this gateway area more attractive for residents and by establishing predictable development codes that are more attractive to potential businesses. Predictability and attractiveness to potential new businesses is related to another Council goal, Balance the Tax Burden, which calls for diversifying land uses and attracting and retaining appropriate businesses. And finally, the City is encouraged to make clarity and flexibility available to the business community in the goal Enhance the Business Climate.This goal is addressed also by having a more predictable development code with more authority at the administrative level. Staff Recommendation. The rezoning is in compliance with the comprehensive land use plan and with City Council goals and priorities. Staff recommends approval. Action by the Planning&Zoning Commission. Sec. 17-423(e) of the City Code states the Commission's role in reviewing rezoning cases. The Commission shall conduct a public hearing and then make a recommendation to the Council for its consideration.You may recommend approval or that the request be denied, with or without prejudice. Also,you may recommend approval of any zoning classification set forth in the zoning ordinance having a lesser intensity and being more restrictive than the zoning designation requested by the applicant. Sample motions. For your reference, sample motions are provided below. I make a motion to recommend approval of Case PZ 14-07. 1 make a motion to recommend approval of Case PZ 14-07, with the following changes to the ordinance ... I make a motion to recommend denial of Case PZ 14-07 without prejudice. I make a motion to recommend denial of Case PZ 14-07. IV. Notification: We sent letters to owners of real property within 200 feet of the rezoning request, published notice in the Fort Worth Star-Telegram, and posted signs on site, as required by City Code. In addition, we also sent letters to the owners of the property for which the City requests rezoning, explaining what was proposed and including a copy of the proposed EC district code. We received no responses to the letters. V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: Approve VIII.Alternative Actions: IX. Attachments: 1. PZ 14-07 ordinance JPZ 14-07 ordinance (draft) (rezoning).docx 2. JPZ 14-07 map JPZ 14-07 site.pdf ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED; REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF KENNEDALE FROM "C-2" GENERAL COMMERCIAL DISTRICT TO "EC" EMPLOYMENT CENTER DISTRICT; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Kennedale Texas is a Home Rule municipality acting under its charter adopted by the electorate pursuant to Article XI, 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, #e-e—G#, desirRl; te-#1e-deVelGPFneR4 Gf-r`° r � PFE)PeFty ef-Kenned le, was pla#ed-tee than- years- ago-buf-never-develeped `"mss + Qnnsistent fand- i use plan; aR 0 WHEREAS, redeyelopmen4 9f-th s-perty provides-a+��Fty t,-iFnPl,�,eFneRt plan's e- 7 GOMprehensive WHEREAS, the City Council has determined that the Employment Center district is the most appropriate zoning district to facilitate the development of the property; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on the 1 7t" day of July 2014 and by the City Council of the City of Kennedale on the 14th day of August 201 with respect to the zoning changes described 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; and WHEREAS, the City Council does hereby deem it advisable and in the public interest to amend the City's Zoning Ordinance as described herein. 1 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1: The Comprehensive Zoning Ordinance is hereby amended so that the zoning classification and the uses in the hereinafter described area shall be changed and or restricted as shown and described below: An approximately 3.1 acre tract, more particularly described as David Strickland Survey A1376 Tr 32B01 & 32D, M J Freeman Addn Blk 1 Lot 1, Broyles Addn Blk 1 Lot 1 & Part of closed street, and Dunlap Subdivision Blk 1 Lot 1, Kennedale, Tarrant County, Texas, as shown on Exhibit "A" attached hereto, from "C-2" General commercial district to "EC" Employment center district. SECTION 2. The use of the Property shall be subject to the restrictions, terms and conditions set forth in the Employment Center District Code and to Chapter 17, Division 10 Subdivision Design Criteria of the City of Kennedale City Code, to the extent not modified in this Ordinance and the Employment Center District Code, and shall be subject to all other applicable regulations contained in the Zoning Ordinance and all other applicable and pertinent ordinances of the City of Kennedale, where not otherwise controlled by the regulations set in the Employment Center Code. SECTION 3. The zoning districts and boundaries as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. They have been designed to lessen congestion in the streets, to secure safety from fire, panic, flood and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provisions of transportation, water, sewerage, parks and other public requirements. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of the buildings and encouraging the most appropriate use of land throughout the community. SECTION 4. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. 2 SECTION 5. The use of the properties hereinabove described shall be subject to all the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the City of Kennedale, Texas. SECTION 6. 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, including but not limited to all Ordinances of the City of Kennedale affecting zoning and land use, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights or remedies of the City of Kennedale Texas are expressly saved as to any and all violations of any ordinances governing zoning or of any amendments thereto 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 same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. SECTION 9. 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 10. The City Secretary of the City of Kennedale is hereby directed to publish the caption penalty clause publication clause and effective date clause of this ordinance in every issue of the official newspaper of the City of Kennedale for two days or one issue of the newspaper if the official newspaper is a weekly newspaper as authorized by Section 3.10 of the City of Kennedale Charter. 3 SECTION 11. This ordinance shall be in full force and effect from and after its passage and publication as required by law and it is so ordained. PASSED AND APPROVED ON THIS 14TH DAY OF AUGUST 2014. APPROVED: Mayor Brian Johnson ATTEST: City Secretary, Amethyst Sloane EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney, Wayne K. Olson 4 Exhibit "A" Map of Properties to be Re-Zoned % PZ 14-07 Site of Rezoning Request Ordinance No IV i ssa,�ti9 i dd (t Broyles Addition Blk 1 Lot 1&Pt Closed Street : % 1 4 / Dunlap Subdivision-Kennedale 1 % Blk 1 Lot 1 j i / I 1 I I � 1 Freeman,M J a Blk 1 Lot 1 E Symbols •� N OKennedale city limits O PZ 14-07 site of request 0 25 50 .o mommE=Feet 5 sauew—E)}o liounoj—el Iejuej quoN woy eaep peon aouasi4 les-ddy au—I eqa wwj eaep Ajepunoq leaed y-► L LO 0 �A O ' N i •� N ,` % •� ` 70 O '� '♦ �� oo C