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2015_04.16 PZ Packet ic. KENNEDALE Planning and Zoning Commission www.cityofkennedale.com KENNEDALE PLANNING & ZONING COMMISSION AGENDA COMMISSIONERS - REGULAR MEETING April 16, 2015 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 possible senior living development on New Hope Rd B. Discuss regulations for a Downtown Village zoning district C. Discuss any item on the regular session agenda D. Discuss establishing overlay districts for areas identified as Villages in the comprehensive land use plan and discuss regulations for these overlay districts E. Discuss properties with unsuitable or incompatible zoning IV. REGULAR SESSION V. CALL TO ORDER VI. ROLL CALL VII. MINUTES APPROVAL A. Consider approval of minutes from March 19, 2015 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 15-04 Public hearing and consideration of Ordinance approval regarding a city- initiated request for a zoning change for approximately 27 acres from "MH" Manufactured Home district to "C-2" General Commercial district at 7205 Hudson Village Creek Rd, legal description of Wade H Hudson Survey A-716 Tract 2. 1. Staff presentation 2. Public hearing 3. Staff response and summary 4. Action by the Planning &Zoning Commission B. CASE # PZ 15-05 Public hearing and consideration of approval of an ordinance establishing a new zoning district and district regulations for an area identified as the Downtown Village in the comprehensive land use plan. No rezoning will be considered under this ordinance. 1. Staff presentation 2. Public hearing 3. Staff response and summary 4. Action by the Planning &Zoning Commission 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 the City Secretary at 817.985.2104 or (TDD) 1.800.735.2989 CERTIFICATION I certify that a copy of the April 16, 2015, 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 accessible to the general public at all times and said agenda was posted at least 72 hours preceding the schedule time of said meeting,in accordance with Chapter 551 of the Texas Government Code. ��'l�� S� Rach'Iel Roberts, Board Secretary KENNEDALE Planning and Zoning Commission www.c rtyo f I<e n n e d a l e.co m Staff Report to the Commissioners Date:April 16, 2015 Agenda Item No: WORK SESSION-A. I. Subject: Discuss possible senior living development on New Hope Rd II. Originated by: III.Summary: Emanuel Glockzin, developer for the proposed senior housing project, will attend the work session to discuss his company's plans and to get feedback from the Commission. A preliminary site plan for the project is included in the board packet. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: None VIII.Alternative Actions: IX. Attachments: 1. JPreliminary site plan Isenior living preliminary site plan.pdf 4.0 .5d ff in F A P:L� C13 I L�lr� LE 1 1 z 2.- I P- I ----------------------- - - -------------- 1 14 4-1 IL ---- ------------------------ ------------------------- ------------------- I KENNEDALE Planning and Zoning Commission www.c rtyo f I<e n n e d a l e.co m Staff Report to the Commissioners Date:April 16, 2015 Agenda Item No: WORK SESSION- B. I. Subject: Discuss regulations for a Downtown Village zoning district II. Originated by: Rachel Roberts, City Planner III.Summary: Shai Roos will present the draft guidelines for the Downtown Village district. We would like your feedback on the guidelines during the work session; if no major changes are proposed,the Commission may adopt the regulations (if you are ready to do so) during the regular session. We will have a final version for you to review available on Monday. In the meantime, an overview of the regulations are provided below for you to begin your review. The district is proposed to be made up of four sub-districts, each allowing a different range of uses and varying in lot requirements.The sub-districts are: 1) Single family residential; 2) Single family residential and retail in single family design; 3)TownCenter; 4) Mixed use. In addition to standard zoning regulations such as permitted/prohibited uses, lot sizes, and setbacks,the district guidelines also calls for using historically-appropriate designs for new structures. Illustrated standards are provided to make it easier for both staff and the public to understand what is required. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: None VIII.Alternative Actions: IX. Attachments: 1. Sub-district illustration lExhibit A_1.pdf J o , CL Ob s x' Cu .J © aS uu oa! _1 } fi dvt�r•dg. ` aS�urE rJ� i 7 R uIvq tic +.. KENNEDALE Planning and Zoning Commission www.c rtyo f I<e n n e d a l e.co m Staff Report to the Commissioners Date:April 16, 2015 Agenda Item No: WORK SESSION-C. I. Subject: Discuss any item on the regular session agenda II. Originated by: III.Summary: Under this agenda item,the Commission may discuss any item on the regular session agenda. No public hearing may be held on the item(s) at this time, and no public hearing may be held. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: None VIII.Alternative Actions: IX. Attachments: KENNEDALE Planning and Zoning Commission www.c rtyo f I<e n n e d a l e.co m Staff Report to the Commissioners Date:April 16, 2015 Agenda Item No: WORK SESSION- D. I. Subject: Discuss establishing overlay districts for areas identified as Villages in the comprehensive land use plan and discuss regulations for these overlay districts II. Originated by: Rachel Roberts, City Planner III.Summary: At the Commission's meeting in March, you indicated you would consider staff proposals for creating overlay districts for the Neighborhood Village and Urban Village character districts. Attached to this report are the proposals. In addition to adopting overlay districts, if the Commission would recommend amending any of the Village boundaries as depicted in the Future Land Use Plan,we could take that recommendation forward, as well. For example,the Commission could recommend extending the boundaries of the Bowman Springs Urban Village up to the intersection or Bowman Springs and Corry A Edwards.The Urban Village on the north side of town could likewise be considered for extension across Potomac Pkwy(lower priority). Following the staff report is a document outlining proposed regulations for the Village districts. Note:these are not in ordinance format yet. If the Commission approves the concepts in the attachment, I will bring you the ordinance version of the regulations for a public hearing and official consideration for adoption. If the ordinance is approved, we will also begin the process of rezoning properties to be included in those overlay districts. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: VIII.Alternative Actions: IX. Attachments: 1. lVilla ge Overlay District ideas lNeighborhood Village & Urban Village overlay ideas.pdf 2. lBowman Spring Urban Village (from FLUP) IFLUP B Springs Urban Village addition.pdf N 8 GHBORHOOD VILLAGE OVEF;LAY Rr=GU LA-n ONS (PROPOSED) t AnR46+Evi§of ■CA■r 1prA56m • All new off-street parking must be located behind the main structure or to the side of the main structure, no parking is permitted between within the minimum front setback(see last page of Neighborhood Village section for illustration). • If off-street parking is constructed to the side of the primary structure, no more than forty percent (40%)of the frontage of the lot shall be used for off-street parking (residential or non- residential use). • Parking space minimumsand maximums: o Minimum: the city's standard requirements for parking minimums shall be used; o Maximum: no more than 50%more than the minimum number of required parking spaces peruse shall be permitted (1.5x[minimum number of parking spaces], e.g., if 50 spaces are required, no more than 75 maybe provided). • Off-street non-residential parking areas located next to a property with a residential primary use in existence before this overlay district was adopted shall be screened, except that breaks shall be provided in the screening, as needed, to accommodate pedestrian and cyclist connections across properties(if provided). • Stared parking and compact car parking are permitted for non-residential uses(using conditions established in the Employment Center district) • Bicycle parking shall be provided for every non-residential use using the standardsfrom the Employment Center district code. a j Amf a P&M ftdA'4 At thistime, maximum setbacksshould not beassmall asthe Commission had been discussing, since we don't know what the zoning code consultants will propose. For the setbacks listed below, "non- residential" means any property not located within a single family residential zoning district. Residential front yard setback, minimum (feet) 20 Residential front yard setback, maximum (feet) 40 Residential rear yard setback, minimum (feet) Per city code mac. 17-405 Residential front yard setback, maximum (feet) -- Residential sideyard setback, minimum (feet), interior lot 10 Residential side yard setback, maximum (feet), interior lot 15 Residential side yard setback, minimum (feet), corner lot (street side 30 or as sped fied by Public only) Works Design Manual Residential side yard setback, maximum (feet),corner lot (street side only) -- Non-residential front yard setback, minimum (feet) 20_F Non-residential front yard setback, maximum (feet) 25 Non-residential side yard setback, minimum (feet), interior lot* 8 Non-residential side yard setback, maximum (feet), interior lot* Non-residential side eyard setback, minimum (feet), corner lot Min. required by Public (street side only)* ** Works Design Manual Non-residential side yard setback, maximum (feet), corner lot (street side only)** 30 Non-residential rear yard setback, minimum (feet)* ** 10 Non-residential rear yard setback, maximum (feet)** 20 * Athirty-five(35)foot minimum side and rear setback is required from adjacent propertieswith existing residential use not located within the Neighborhood Village Overlay district. The setback is required on any side abutting an existing residential use not located within the Neighborhood Village Overlay, where the use was in existence prior to adoption of this district. ** Additional setback may be required to accommodate fire lanes, easements, or other uses. The minimum and maximum setback requirements shall not supersede other safety or public health requirementsof the Kennedale City Code that may require larger side or rear setbacks. Additional requirements: • Atwenty-five(25)foot setback from the floodplain is required for all structures. • Accessory structures shall have a minimum front setback of ten feet (10') from the primary structure. Sde and rear setbacksshall be the same asfor primary structures. . ja46 v fib. • Blank walls longer than forty(40)feet are prohibited for all uses(residential and non- residential). • For purposes of this district, "blank wall" means any building wall that is a portion of a building wall or facade without a window or door or similar architectural feature and is over four feet in height from ground level and longer than 40 feet, as measured horizontally, without having awindow, door, building modulation, or other similar architectural feature meant to lessen the apparent bulk or massing of a structure. D�Q66+'isijf A s■(E • For any primary structure, a minimum of 20%and a maximum of 60%of the primary facade shall have glazing. At least one other facade shall have a minimum of 10%glazing. • For non-residential uses, ground floor glazing on the primary facade shall have a maximum sill height of four (4)feet. (for non-single family residential uses) • Garbage, refuse and trash collection/storage areas shall be screened by a masonry enclosure on three (3)sides. greening 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. • The fourth side shall be screened by agate. The gate shall be made of wrought iron or architectural metal. • The masonry used must be of the same material asthe primary building. • Trash collection/storage areas or dumpstersshall be located behind the primary structure but shall not be placed within 35 feet of a residential use existing prior to the construction of a building intended for commercial use. . f-6J�+dA■dk�6■Amt t4:-bet6■ • Each primary structure shall have its primary entrance oriented to the front of the lot (toward the street right-of-way)on which it is located. Additional entry points may be provided on side or rear facades, but primary entries shall be oriented to the front of the lot. For corner lots, the primary entrance may be oriented toward the street intersection (corner). {* §6Aie • Sdewalks shall be a minimum of five feet (5') and a maximum of eight feet (8') in width. t,n3 LILAt j use baVd 06f4 CNj■rs'ra:I�+cmw6+40!N2awO-6+j emA'rs::rugJ6v 64JL6 Cis b s4kdrgmor 44L T::'o L'6r OJ"A b 9Ro'rAoor e�h cs 4jT 540 0NC#Via"T h os'rj jTf# Cl At oar t ms's rome#s'rsr A"tsE Auto Inspection nation Mini-Warehouse Auto Paint & Body Shop Movie Theater, drive-in Auto Parts Store Nightclub or Dance Hall Auto Fbpair Garage Paintball Sports, Survival Games Auto Sales Lot Parking Lot, CAmmercial (for a fee) Boat Sales Pawnshop Boat Storage Private Club Building materials establishment with Recreational Vehicle Sales outside storage Restaurant, Drive-In Cabinet Shop Service Station Car Wash Sexually Oriented Business Contractor Yard Taxidermist Farm Implement Sales Tool & equipment rental Golf Course Trailer sales& rental Gun Shooting Range Truck rental Gunsmith Shop Truck repair Heavy Equipment Sales Truck sales Large FetaiI Facility Truck wash Lumber Yard Vehicular raci ng faci I ity Manufacture Homes Sales Lot Notwithstanding the underlying zoning district, the following uses are permitted only by special exception. Auto Fental Auto Sales no outside storage or display[all vehiclesfor sale, display, or service must be stored inside an enclosed structure meeting the standardsof the Overlay district and the underlying zoning district] Bow I i ng AI ley Motorcycle Sales no outside storage or display[all vehiclesfor sale, display, or service must be stored inside an enclosed structure meeting the standardsof the Overlay district and the underlying zoning district] Plant Nursery Illustration showing no parking zone in minimum front setback F-- ---------- Primary structure Maximum I E front N 0 N setback 25 ft O I Minimum front setback 20 ft No parking in this zone U RBAN M LLAGE OVELAY FREGULAl1 ONS (PROPOSED) t AnR46+EiJV of ■CA■r 1p PA56m • All new off-street parking must be located behind the main structure or to the side of the main structure, no parking is permitted between within the minimum front setback.* • If off-street parking is constructed to the side of the primary structure, no more than twenty- five(25%)of the frontage of the lot shall be used for off-street parking for non-residential uses and no more than forty(40%)of the frontage of the lot shall be used for off-street parking for residential uses(must be provided in an enclosed garage).* • Parking space minimumsand maximums: o Minimum: the city's standard requirements for parking minimums shall be used; o Maximum: no more than 50%more than the minimum number of required parking spaces per use shall be permitted (1.5 x[minimum number of parking spaces], e.g., if 50 spaces are required, no more than 75 may be provided). o The area used for off-street parking may not exceed 50%of the total lot area. Travel lanes serving the parking lot will count as part of the lot area used for parking spaces; travel Ianesfunction primarily as drive lanes rather than parking lanes, however, will not count toward the lot area used for parking spaces. • Off-street non-residential parking areas constructed next to a property with a residential primary use in existence before thisoverlay district was adopted shall be screened, except that breaks shall be provided in the screening, as needed, to accommodate pedestrian and cyclist connect ions across properties(if provided). • Shared parking and compact car parking are permitted for non-residential uses(using conditions established in the Employment Center district) • Bicycle parking shall be provided for every non-residential use using the standardsfrom the Employment Center district code. *The ordinance adopted for the overlay district should make provisionsfor odd-shaped parcels, such as pie-shaped corner lots or other lots that don't have standard (square or rectangular) lot shapes and would have difficulty meeting the parking location requirements. a j No Amf a P&Mj 0 ftdA'4 At thistime, maximum setbacksshould not beassmall astheOommission had been discussing, since we don't know what the zoning code consultants will propose. For the setbacks listed below, "non- residential" means any property not located within a single family residential zoning district. Fbsidential front yard setback, minimum (feet) 20 Residential front yard setback, maximum (feet) 40 R-,sidential rear yard setback, minimum (feet) Per city code mac. 17-405 Residential front yard setback, maximum (feet) -- Fesidential side yard setback, minimum (feet), interior lot 10 Residential side yard setback, maximum (feet), interior lot 20 Residential side yard setback, minimum (feet), corner lot (street side 20 or as specified by Public only) Works Design Manual Residential side yard setback, maximum (feet),corner lot (street side only) 40 Non-residential front yard setback, minimum (feet) 15 Non-residential front yard setback, maximum (feet) 25 Non-residential side yard setback, minimum (feet), interior lot* ** 10 Non-residential side yard setback, maximum (feet), interior lot* ** Non-residential side eyard setback, minimum (feet), corner lot Min. required by Public (street side only)* ** Works Design Manual Non-residential side yard setback, maximum (feet), corner lot (street sideonly)* ** 45 Non-residential rear yard setback, minimum (feet)* ** 10 Non-residential rear yard setback, maximum (feet)* ** 20 * A thirty-five(35)foot minimum side and rear setback is required from adjacent properties with existing residential use not located within the Urban Village Overlay district. The setback is required on any side abutting an existing residential use not located within the Urban Village Overlay, where the use was in existence prior to adoption of this district. ** Additional setbacks may be required to aocommodatefire lanes, easements, or other uses. The minimum and maximum setback requirements shall not supersede other safety or public health requirementsof the Kennedale City Code that may require larger side or rear setbacks. Additional requirements: • Atwenty-five(25)foot setback from the floodplain is required for all primary structures. • Accessory structures shall have a minimum front setback of ten feet (10') from the primary structure. Sde and rear setbacksshall be the same asfor primary structures. • Blank walls longer than forty(40)feet are prohibited for all uses(residential and non- residential). • For purposes of this district, "blank wall" means any building wall that is a portion of a building wall or facade without a window or door or similar architectural feature and is over four feet in height from ground level and longer than 40 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. Dj0L+'isijf As s■(! • For any primary structure, a minimum of 20%and a maximum of 60%of the primary facade shall have glazing. At least one other facade shall have a minimum of 20%glazing. • For non-residential uses, ground floor glazing shall have a maximum sill height of four (4)feet. (for non-single family residential uses) • Garbage, refuse and trash collection/storage areas shall be screened by a masonry enclosure on three (3)sides. greening 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. • The fourth side shall be screened by agate. The gate shall be made of wrought iron or architectural metal. • The masonry used must be of the same material asthe primary building. • Trash collection/storage areas or dumpstersshall be located behind the primary structure but shall not be placed within 35 feet of a residential use existing prior to the construction of a building intended for commercial use. . f��+dry■O�db■ Each primary structure shall have its primary entrance oriented to the front of the lot (toward the street right-of-way)on which it is located. Additional entry points may be provided on side or rear facades, but primary entries shall be oriented to the front of the lot. For corner lots, the primary entrance may be oriented toward the street intersection (corner). O t(Aie • 9dewalksshall be a minimum of five feet (5') and a maximum of eight feet (8') in width. t,n3 LILAt j ae boVd�Ol■r4+Nj■rs'ra:I�+cnw6+40!N2aNC6+1 emA'rs:-vuq'J6'r 64JL6 Cis (I" e }s n as'r�i�r c C�ss�'s. ACA■��s 4rsL T:Jrn LV 61t o A■h o§4T540 6NC�,9 Wk T ss C�■I's At A"is ACN s Cis h os4Tf#0C#k o.Xr t ms's/'o■e#s'rsr A"PsE Auto Inspection nation Mini-Warehouse Auto Paint & Body Shop Movie Theater, drive-in Auto Parts acre Nightclub or Dance Hall Auto Fbpair Garage Paintball forts, Survival Games Auto Sales Lot Parking Lot, CAmmercial (for a fee) Boat Sales Pawnshop Boat Storage Private Club Building materials establishment with Fbcreational Vehicle Sales outside storage Fbstaurant, Drive-In Cabinet Shop Service Station Car Wash Sexually Oriented Business Contractor Yard Taxidermist Farm Implement Sales Tool & equipment rental Golf Course Trailer sal es& rental Gun Shooting Range Truck rental Gunsmith Shop Truck repair Heavy Equipment Sales Truck sales Lumber Yard Truck wash M an ufact u re Homes Sales Lot Veh icu lar raci ng faci I ity When the following uses are permitted within the underlying zoning district, they are permitted within the Overlay District by special exception.Any use prohibited within the underlying zoning district is also prohibited within the Overlay District. Auto Fbntal Auto Fbpair Auto Paint & Body Shop Auto Sales Indoor display only; no outside storage or display and no repairs permitted [all vehiclesfor sale, storage, or display must be stored inside an enclosed structure meeting the standardsof the Overlay district and the underlying zoning district] Bow I i ng AI ley Motorcycle Sales Indoor display only; no outside storage or display and no repairs permitted [all vehicles for sale, storage, or display must be stored inside an enclosed structure meeting the standards of the Overlay district and the underlying zoning district] Plant Nursery with outside sales, storage, or display When the following uses are permitted within the underlying zoning district, they are permitted within the Overlay District by conditional use permit. Any use prohibited within the underlying zoning district is also prohibited within the Overlay District. Large Retail Facility [A■rer"+ • The city's existing landscaping requirements will be used, except: o Only native or adaptive, non-invasive plants may be used,with city staff to determine which plants are acceptable or unacceptable. Etaff will use the Lady Bird.bhnson Wildflower Center, the Texas Park&Wildlife Department, and the TexasAgril-ife Agency as references and will have handouts available from these agenciesto guide developers/ builders in determining which plants to use. o Xeriscaping is encouraged. o Preservation of on-site existing treesand native vegetation isencouraged and may be used to fulfill the landscape requirements. / o■ 'CO- L. j RJ�sff 9„ h 6s'4T 540'6 In the event of a conflict between the regulations of the Business287 Overlay District and the Urban Vi llage Overlay District,the provisionsof the Urban Vi llage Overlay District shall prevail. E -�� ilVp�l73� Y � r 4 ZI CL _ rte Bsf bt t i pxo j o n7 hi u cm✓f dpvrre cf dpot j of sf e gps j odm✓ej oh j o ui f Vscbo Vy rrrrb h f / Y til 4 C KENNEDALE Planning and Zoning Commission www.c rtyo f I<e n n e d a l e.co m Staff Report to the Commissioners Date:April 16, 2015 Agenda Item No: WORK SESSION- E. I. Subject: Discuss properties with unsuitable or incompatible zoning II. Originated by: Rachel Roberts, City Planner III.Summary: At the March meeting, I mentioned that city staff had identified some properties that had zoning designations that were incompatible with surrounding areas or were otherwise unsuitable.The Commission asked me to prepare of list of these properties, which is attached to this report for your review. I've also attached four maps showing the properties. Please note that the list includes properties that appear to have unsuitable zoning, but we have not visited each of the properties to confirm. If we recommend any of the properties to be rezoned, we would first need to visit the properties to get a better idea of context and use on the site and in the area. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: VIII.Alternative Actions: IX. Attachments: 1. List, properties with unsuitable zoning List-- Properties with unsuitable zoning.pdf 2. Map 1 Map-- Properties with unsuitable zoning (1 of 4).pdf 3. Map 2 Map-- Properties with unsuitable zoning (2 of 4).pdf 4. 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Originated by: Katherine Rountree, Permits Clerk III.Summary: Minutes approval for March 19, 2015 IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: Approve VIII.Alternative Actions: IX. Attachments: 1. IMarch 19, 2015 minutes 103 19 2015 PZ Minutes Final.doc ic KENNEDALE Planning and Zoning Commission www.cityofl(ennedale.com KENNEDALE PLANNING & ZONING COMMISSION MINUTES COMMISSIONERS - REGULAR MEETING March 19, 2015 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION - 6:00 PM REGULAR SESSION - 7:00 PM I. CALL TO ORDER Mr. Harvey called the meeting to order at 6:26 P.M. II. ROLL CALL Commissioner Present Absent Ernest Harvey X Tom Pirtle X Harry Browne X Stephen Brim X Vacant Don Rawe X Carolyn Williamson X Alternates Billy Gilley X vacant A quorum was present. Mr. Gilley was asked to join the commission as a regular member. Staff present: Rachel Roberts (city planner); Katherine Rountree (board secretary). III. WORK SESSION A. Discuss any item on the Regular Session agenda Mr. Harvey asked if the city was going to have any upcoming cases about properties that have zoning not suitable to their surrounding properties and Ms. Roberts said that we are. Mr. Harvey asked Ms. Roberts to prepare a list of the properties for the commission. B. Discuss Employment Center district code Mr. Harvey said that he wanted to evaluate the sign code and parking for the Employment Center district code. C. Discuss possible senior housing development on New Hope Rd Ms. Roberts said that there is a developer wanting to put in a tax credit senior housing development but he is currently waiting for state approval and will be coming in front of the board in the future for rezoning of a property if the state approves. Ms. Roberts asked the commission what standards they would like to see for the potential development. Mr. Harvey recommended for the applicant to appear at a work session. D. Discuss the use of overlay districts as a step toward implementing the comprehensive plan Mr. Harvey said that the overlay districts might conflict other districts that are already in place. He said that it is the right approach but the city needs to keep the other properties in mind. E. Discuss Items for Future Consideration The commission did not have time to discuss this item. The work session closed at 7:13 P.M. IV. REGULAR SESSION V. CALL TO ORDER Mr. Harvey called the meeting to order at 7:13 P.M. VI. ROLL CALL Commissioner Present Absent Ernest Harvey X Tom Pirtle X Harry Browne X Stephen Brim X Vacant Don Rawe X Carolyn Williamson X Alternates Billy Gilley X vacant A quorum was present. Mr. Gilley was asked to join the commission as a regular member. Staff present: Rachel Roberts (city planner); Katherine Rountree (board secretary). VII. MINUTES APPROVAL A. Consider approval of minutes from 02/19/2015 Planning and Zoning Commission meeting Mr. Browne motioned to approve the minutes. The motion was seconded by Ms. Williamson and passed with all in favor except Mr. Harvey, who abstained from voting. VIII.VISITOR/CITIZENS FORUM No one registered to speak. IX. REGULAR ITEMS A. Case# PZ 15-03 Public hearing and consideration of Ordinance approval regarding a request by the City of Kennedale for a zoning change from "C-2" General Commercial district to "OT" Old Town district for approximately 1.15 acres at 400 North Rd, legal description of Jacob Prickett Survey A-1225 Tract 3A. 1. Staff Presentation Mr. Roberts said that at one time the properties surrounding the specific property also were zoned C-2, but the property owners petitioned for a rezoning to "OT" Old Town district and that the lot in question was not included. With C-2 zoning, this site is available for heavy commercial uses, and these uses are not suitable for or compatible with the surrounding residential uses. Ms. Roberts said by rezoning the property it prevents any future uses that are too intense for the area. Ms. Roberts said that the current zoning is not suitable for the surrounding properties. 2. Public Hearing Don Kemp, 528 W. Third St, has two adjacent lots to the property. He stated the current owner of the property wants to put in a cabinet shop and he opposes the current zoning of"C-2" General Commercial district. 3. Staff Response &Summary Staff recommended approval. 4. Action by the Planning &Zoning Commission Ms. Williamson motioned to approve. The motion was seconded by Mr. Browne and passed with all in favor except Mr. Harvey, who abstained from voting. X. REPORTS/ANNOUNCEMENTS Walmart has removed their rezoning request. There will be a Bird and Butterfly Garden workday on March 28, 2015. XI. ADJOURNMENT Mr. Brim motioned to adjourn. The motion was seconded by Mr. Gilley and passed with all in favor except Mr. Harvey, who abstained from voting. The meeting adjourned at 7:34 P.M. KENNEDALE Planning and Zoning Commission www.c rtyo f I<e n n e d a l e.co m Staff Report to the Commissioners Date:April 16, 2015 Agenda Item No: REGULAR ITEMS-A. I. Subject: CASE#PZ 15-04 Public hearing and consideration of Ordinance approval regarding a city-initiated request for a zoning change for approximately 27 acres from "MH" Manufactured Home district to "C-2" General Commercial district at 7205 Hudson Village Creek Rd, legal description of Wade H Hudson Survey A-716 Tract 2. 1. Staff presentation 2. Public hearing 3. Staff response and summary 4. Action by the Planning&Zoning Commission II. Originated by: Rachel Roberts, City Planner III.Summary: Applicant: City of Kennedale (city-initiated rezoning request) Current zoning: "MH" Manufactured housing Requested zoning: "C-2" General commercial Surrounding uses: Industrial and Manufactured housing (mobile home) Background and Overview. Most of the property is unused, but part of the site has been used as an ATF-permitted fireworks storage facility.The property is adjacent to a mobile home neighborhood to the west, an industrial development to the west, and railroad tracks and additional industrial uses to the north.To the south is Hudson Village Creek Rd, and across the street is an unincorporated area. Staff Review. City staff considers the current zoning to be ill-suited for this site. Although the Future Land Use Plan categorizes the area as Neighborhood (see Compliance with Comprehensive Land Use Plan, below), additional manufactured housing in this area does not fit the vision in the city's long-range plans. But because the property is immediately adjacent to industrial uses, a rezoning to one of the city's residential zoning district classifications is not suitable, either. The property is on the edge of the area designated as Neighborhood and immediately adjacent to an area designated as (and zoned/in use as) Industrial. A commercial zoning designation would serve as a good transitional zoning district between the existing industrial uses to the east and the existing residential uses to the west. Of the city's commercial zoning districts, C-2 is the most suitable. Compliance with the Comprehensive Land Use Plan. As the Commission is aware,the City has some flexibility in implementing the comprehensive land use plan, particularly where character districts designated for an area are either no longer unsuitable, given current conditions or community vision, or for properties at the edge or a character district, where it is reasonable to assume the designated character is unfitting. Staff therefore considers a commercial zoning designation for this property to be in keeping with the comprehensive land use plan. Compliance with the Strategic Plan. No recommendations from the strategic plan are directly related to this rezoning request, but several recommendations may affect development of property nearby. One strategy in the plan is to reduce the residential tax burden by developing retail and commercial districts; an implementation action for this strategy is to adopt a TIF zone (TIRZ) for the area south of the railroad tracks, which has been completed. A rezoning of the property is unlikely to impede achieving the TIRZ goals and may help raise TIRZ funding, depending on the kind of development that occurs here in the future. Another goal of the plan is to encourage existing race tracks to relocate, allowing for residential zoning and development of the race track properties. The City has a development agreement with the owners of one of the tracks, and the requested rezoning from MH to C-2 should not impede the future residential development of the race track site. Compliance with City Council Priorities. One priority of the Council is to balance the tax base by attracting more commercial development to Kennedale. A rezoning to commercial would assist with achieving this goal. Staff Summary and Recommendation. The requested rezoning does not conflict with the comprehensive land use plan,the strategic plan, or City Council priorities.The rezoning is not expected to have an adverse impact on surrounding properties, and staff considers the current zoning to be unsuitable. Staff therefore recommends approval of the rezoning. IV. Notification: Notices were send to property owners within 200 ft of the site, notice was published in the paper, and a sign was posted on the property. V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: VIII.Alternative Actions: IX. Attachments: 1. PZ 15-04 site of request PZ 15-04 site of request.pdf 2. PZ 15-04 aerial view PZ 15-04 aerial view.pdf 3. PZ 15-04 surrounding land uses PZ 15-04 surrounding land uses.pdf 4. State Use Codes (TAD) State Use Codes (TAD).pdf PZ 15-04 ordinance jPZ 15-04 ordinance with exhibit A.pdf V) Q.) Q.) di N o o -0 _0 a N CD LL of Lo 14-4 E t v cn 0 t o sjuawuJano-9 to punoo sexal leiluao yyoN woo ejep peoa pujslp jes/ejddy l—elagj woy elep Aiepunoq p-ed 02l N303 �J a2]NIC]Vd WOXO-18 0 z O U) 0 x N-1,k,cin1N3O V) Q.) o T o -0 _0 a N CD U- 14-4 E 0 v cn o s;uauauaanoo}o pounoo sexal lequeo quo/ moat eaep peob pu;sio lesieaddV peuela g wor}a;epr(aepunoq poied Ito N d3 T �- i eb f r - Y f � £ C Q R I a A Wk IL = f k '� �_ . vi XF, o + 5 b , .s :e r� > if 4 y�, riNaf - V) Q.) Q.) di N o o -0 _0 a N CD LL of Lo 14-4 E t v cn 0 t o sjuawuJano-9 to punoo sexal jeiluao yyoN woo ejep peoa pujsjp jesjejddy l—elagj woy ejep AiLpunoq/9-ed U LL LLLL LL Q U U Q Q Q Q a a Q 02l N303 �J LL LL LL LL LL LL Q LL N U N U N LL U LL LL LL LL LL N U U U LL U N LL LL U U LL a2]N2]f/d WOX0-18 LL LL LL LL LL LL _ LL N N LL N U U U U U U U LL LL LL U LL LL LL LL z U 0 U D 2 LL N U N LL a N U m m C14 C14 C14 C14 C14 Q Q Q Q Q Q LL a Q Q N a C14 C14 N a Q Q Q Q Q U Q Q N Q U Q a N-1,k,cin1N30 N LL STATE USE CODES A RESIDENTIAL F COMMERCIAL/INDUSTRIAL Al Single-Family F1 Commercial A2 Mobile Homes F2 Industrial A3 Condominiums F3 Billboards A4 Townhomes A5 Planned Unit Development (PUD) G OIL/GAS/MINERAL RESERVES A9 Interim use IG11 Oil/Gas/Mineral Reserves B RESIDENTIAL J UTILITIES B1 Multi-Family J1 Water Systems B2 Duplex J2 Gas Companies B3 Triplex J3 Electric Companies B4 Quadraplex J4 Telephone Companies J5 Railroads C VACANT PLATTED LOTS/TRACTS J6 Pipelines C1 Residential J7 Cable Companies C2 Commercial J8 Other C3 Rural C6 Vacant Exempt (Right-of-Way) L COMMERCIAL/INDUSTRIAL L1 Commercial BPP D ACREAGE L2 Industrial BPP D1 Ranch Land D2 Timberland M MOBILE HOMES D3 Farmland M2 Private Aircraft D4 Undeveloped M3 Mobile Home M4 Other Tangible PP E FARM/RANCH E1 House + Limited Acres O RESIDENTIAL INVENTORY E2 Mobile Home + Limited Acres 01 Vacant E3 Other Improvements 02 Improved Standard Distribution Data, 2013 Appendix C ORDINANCE 570 AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED; REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF KENNEDALE FROM "MH" MANUFACTURED HOME DISTRICT TO "C-2" GENERAL COMMERCIAL 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, the City Council has determined that a commercial zoning 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 16 t h day of April 201 5 and by the City Council of the City of Kennedale on the 20th day of April 2015 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. 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 9 classification and the uses in the hereinafter described area shall be changed and or restricted as shown and described below: An approximately 27-acre tract in the Wade H Hudson Survey, being that same property conveyed by Warranty Deed from Luel and Allison Rash to Mike Wagner, instrument number D206017824, more particularly described as Wade H Hudson Survey A-716 Tract 2, Tarrant County, Texas ("the Property"), a n d more particularly described on Exhibit "A" attached hereto and incorporated herein, from "MH" Manufactured Home district to "C-2" General Commercial district. SECTION 2. 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 3. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. SECTION 4. 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 5. 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. 9 SECTION 6. 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 7. 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 8. 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 9. The City Secretary of the City of Kennedale is hereby directed to publish the caption penalty clause publication clause and effective date clause of this ordinance in every issue of the official newspaper of the City of Kennedale for two days or one issue of the newspaper if the official newspaper is a weekly newspaper as authorized by Section 3.10 of the City of Kennedale Charter. SECTION 10. 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 20TH DAY OF APRIL 2015. APPROVED: Mayor, Brian Johnson ATTEST: City Secretary, Leslie Galloway EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney, Wayne K. Olson Is Exhibit "A" Legal Description Metes and Bounds Description Attached as Exhibit A to Warranty Deed Filed in Tarrant County, Texas, D206017824 0_F.No. 2324000559 Exhibit A 61 d out of the W.H. Hudson Survey, Abstract No. 716, Tarrant County, Texas, and being a fo of t rac of land conveyed to Frederick MacNeil Dielman and wife, Anne B. Dielman by deed re c de in V um 3307 Page 116, Deed Records, Tarrant County, Texas, and being more particularly des rib me bo ds as follows: BEGIN G a p ' t' terline of Hudson Village Creek Road, being the southeast corner of said Dielman tr ct; THENCE North de es 56 seconds West(called North 90 degrees 00 seconds West), with the center' e Hu on V age Creek Road and the south line of said Dielman tract, 570.61 feet to a 60D nail found f r th out as rner of a called 0.28 acre tract conveyed to Bud DeWolf by deed recorded in Volum 10 age 4 Deed Records, Tarrant County, Texas; THENCE North 00 degr es 0 mi ut 43 c nds West, with the east line of said 0.28 acre tract, 27.75 feet(called 28.00 feet)t a ch r nd in the apparent north right-of-way line of said Hudson Village Creek Road and a u cor of a called 0.09 acre tract conveyed to Bud DeWolf by deed recorded in Volume 10000, Pa 21 D ecords, Tarrant County, Texas; THENCE North 07 degrees 54 i tes 2 e on s Eas with the east line of said 0.09 acre tract, 113,65 feet (called 113.60 feet) to a 112 i h (on! d fo d; THENCE North 85 degrees 35 minut s nds est, continuing along the east line of said 0.09 acre tract, 10.15 feet (called 10.00 feet) to a ! nch i n rod found; THENCE North 06 degrees 29 minutes 22 seconds Ea , ontinuin with the east line of said 0.09 acre tract, 39.12 feet (called 38.35 feet) to a 1l2 inch iron d fou r th most northerly northeast corner of said 0 09 acre tract; THENCE= North 86 degrees 28 minutes 19 second West, with a north line of said 0.09 acre tract, 95.17 feet (called 92.43 feet)to a 112 inch iron rod set in th sal ielman tract and the east line of a tract recorded in Volume 13563, Page 83, Deed Records, r un , Texas, for the northwest corner of said 0.09 acre tract, from which a 112 inch iron rod fioun b rs ut 00 degrees 05 minutes 59 seconds East, 155.34 feet and North 90 degrees 00 inut s eco s West, 185.00 feet; THENCE North 00 degrees 05 minutes 59 seconds West(called rth gr es 00 minutes West), with the common west line of said Dielman tract and the east lines of et cts r coded in Volume 13563, Page 83, Volume 11954, Page 2326, Volume 5980, Page 117, V um 05, 1849, Volume 5334, Page 787, Volume 5115, Page 48, Volume 6321, Page 94, Volume 10 22 olume 8735, Page 1096 and Volume 13701, Page 130, Deed Records Tarrant County, Tex , 11 . 0 t to a 112 inch iron rod found for the no corner of said tract recorded in Volume 1370 , P e 0, a e southwest corner of a tract of land conveyed to Gene Miller and Dorothy Miller by d record i lume 12211, Page 2406, and corrected in Volume 1 331 5, Page 273, Deed Records, Ta ant okmryl T THENCE South 89 degrees 09 minutes 04 seconds East, with the south line o a' i tra 34.78 feet (called 135 feet)to a metal fence post for the southeast corner of said Mille r THENCE North 00 degrees 05 minutes 59 seconds West, with the east line of said ill rac 7 feet passing a 518 inch iron rod found a distance of 174.24 feet in all to a 318 inch iron d for the northeast corner of said Miller tract; THENCE North 89 degrees 09 minutes 04 seconds West, 134.78 feet(called 135 feet) to a 14 it pipe found in the west line of said Dielman tract for the northwest corner of said Miller tract an Exhibit A Legal Description(Short) Re .7 uth corner of a tract of land recorded in Volume 12844, Page 181, Deed Records, Tarrant County, T ; E 00 degrees 05 minutes 59 seconds West(called North 00 degrees 00 minutes West),with th mon we line of said Dielman tract and east lines of the tracts recorded in Volume 12844, Page 81 0l e 43 5, Page 454 and Volume 5898, Page 97, at 399,40 feet passing a 112 inch iron rod fou d, di nc o feet in all to a 112 inch iron rod set for the northwest corner of said Dielman trac an the r. .east rn of said tract recorded in Volume 5898, Page 97, in the southwest right-of- way o C. R THENCE o 48 gree utes 49 seconds East, with the common north line of said Dielman tract and south st ri - lin of said H. & T.C.RR, 250.90 feet to a 112 inch iron rod set; THENCE Sout 0 ree 4 minutes 58 seconds East, continuing with the common north line of said Dielman tract and out a rg - -way line of said H. &T.C. RR, 616.05 feet to a 112 inch iron rod set for the northeast c er sal 'el n tract and northwest corner of a tract recorded in Volume 14518, Page 498, Deed Recor, s, rra r4C nty as; THENCE South 00 deg s 15 i es 0 seconds West(record bearing), with the common east line of said Dielman tract and west [in of t r s recorded in Volume 14518, Page 498,Volume 14251, Page 92, Volume 14777, Page 12 Vol e 1 18, age 500, Volume 7917, Page 880,Volume 14777, Page 125,Volume 8055, Page 1910, o e ge 302,Volume 10974, Page 992,Volume 10974, Page 996, and Volume 7168, Page 20 2, co s, T r t County, Texas, at 313.57 feet passing a 318 inch iron rod found, a total distan o5.5 e call 1472 feet)to the POINT OF BEGINNING and containing 25.61 acres of land, mor r SAVE AND EXCEPT the following tract hic as been con to Herbert Wood, by Deed dated February 22, 2005 and recorded under C rk's file Numb D205 0630, filed February 23, 2005, and being more particularly described as follows; BEING 1.000 acre of land out of the W.H. HUD ON RV , Ab ract No. 716, Tarrant County, Texas, and being a portion of the tract of land conveyed Fr . ick Neil Dielman and wife,Anne B_ Dielman by deed recorded in Volume 3307, Page 116, Dee eeor , County, Texas; also being a portion of a tract of land conveyed to Todd Rash by deed recorde i Vol e 6472, Page 118, DRTCT, and being more particularly described by metes and bounds a foe ws: BEGINNING at a 112" iron rod found in the West line of sa Dielm he Northeast corner of a called 0.555 acre tract described by deed recorded in Volume 7 P 1 , DRTCT, and in the South line of a tract recorded in Volume 13315, Page 273, DRTCT; THENCE South 89 degrees 02 minutes 04 seconds East, with th outh ine sai tract recorded in Volume 13315, Page 273, 134.35 feet to a metal fence post for the st c er f said tract; THENCE South 00 degrees 05 minutes 59 seconds East, 324.28 feet t a 1 " ron for comer; THENCE North 89 degrees 02 minutes 04 seconds West, 134.35 feet to a i rod et in he West line of said Dielman tract and in the East line of a tract recorded in Volume 87 , P e 96, RTCT; THENCE North 00 degrees 05 minutes 59 seconds West, with the East line of sa' tra ec rded in Volume 8735, Page 1096 and the East line of said 0.555 acre tract and the West Ii of Id D' man tract, 324.28 feet to the POINT OF BEGINNING and containing 1.000 acre of land, re o Exhibit"A"Legal Description Re KENNEDALE Planning and Zoning Commission www.c rtyo f I<e n n e d a l e.co m Staff Report to the Commissioners Date:April 16, 2015 Agenda Item No: REGULAR ITEMS- B. I. Subject: CASE#PZ 15-05 Public hearing and consideration of approval of an ordinance establishing a new zoning district and district regulations for an area identified as the Downtown Village in the comprehensive land use plan. No rezoning will be considered under this ordinance. 1. Staff presentation 2. Public hearing 3. Staff response and summary 4. Action by the Planning&Zoning Commission II. Originated by: Rachel Roberts, City Planner III.Summary: UPDATE: The draft ordinance for the Downtown Village district is attached to this message for your review.The ordinance would establish four sub-districts for Old Town, which would include the current Old Town district, TownCenter, and two additional sub-districts. If adopted,this ordinance would establish new regulations for Old Town, but it would not yet apply to properties within the district boundaries.The city will next need to rezone the affected properties into the appropriate sub-districts. The ordinance covers historically-appropriate design for new development, uses allowed per sub-district, and lot standards for each of the sub-districts. The original staff report for this agenda item (below) provides the staff recommendation. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * This item is also on the Commission's work session agenda. We have placed it on the regular session,too, in case the Commission is ready to move forward with adoption. The final draft of the ordinance for your consideration is still under revision and will be sent out on Monday. In the meantime, we have attached the proposed boundaries and a description of the ordinance to the work session item on this topic. Many of the concepts you'll see in the proposed guidelines will be familiar to you, as they have been discussed in previous work sessions. You'll see in the guidelines that sub-districts are proposed, with some areas expected to remain as single family residential, other areas expected to remain as commercial uses, and other areas designated for mixed uses or uses not currently permitted. Design guidelines are intended to ensure that, whatever the land use, new development fits the desired character of the area. The ordinance adopting the standards are organized to be able to fit into our existing code of ordinances, but it also improves on our standard codes by including a number of illustrations intended to make the regulations easier to understand. Compliance with the comprehensive land use plan. Establishing a zoning district and adopting standards for a Downtown Village is clearly in compliance with the comprehensive land use plan. We have proposed a set of standards that are intended to encourage development and redevelopment fitting the character described in the comprehensive plan, with new development expected to occur overtime and with redevelopment (more likely to occur sooner than new development)to help the area maintain a downtown village character in the meantime. Compliance with the Strategic Plan. The strategic plan calls for establishing a historic district in Kennedale.The proposed guidelines establish the Downtown Village area as a place important to Kennedale history and also provide a means for new development to embrace the city's history. Compliance with City Council Priorities. The proposed ordinance would help ensure new development is attractive and suitable for the area, as well as more pedestrian-and family-friendly, which is in line with the council's priorities. Staff Recommendation. Staff recommends approval. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: Approve VIII.Alternative Actions: IX. Attachments: 1. JPZ 15-05 ordinance jPZ 15-05 Ordinance.docx ORDINANCE AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 17 OF THE KENNEDALE CITY CODE (1991), AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF KENNEDALE, TEXAS BY AMENDING SECTIONS 17-405 ZONING DISTRICTS GENERALLY BY AMENDING THE REQUIREMENTS FOR THE "OT" OLD TOWN DISTRICT, 17-410 "OT" OLD TOWN DISTRICT BY ESTABLISHING SUB-DISTRICTS AND REGULATIONS FOR SAME, 17-421 SCHEDULE OF USES AND OFF-STREET PARKING REQUIREMENTS BY AMENDING THE USES PERMITTED IN THE "OT" OLD TOWN ZONING DISTRICT, AND 17- 431 DEFINITIONS BY ADDING DEFINITIONS; 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 establish regulations that allow for development in keeping with the character of the Downtown Village and TownCenter character districts described in the comprehensive land use plan; 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 April 16, 2015, and the City Council of the City of Kennedale, Texas held a public hearing on May 21, 2015 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 the Schedule of Uses under Section 17-421 of the Kennedale City Code. Page 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, THAT: SECTION 1. Section 17-410 of the Zoning Ordinance of the City of Kennedale, Texas, as amended, is hereby amended to read as follows: Sac. 17-410. -"OT' old town district. (a) Purpose. This district shall be used in the general area depicted as the downtown village and town center in the 2012 Comprehensive Plan and specifically as shown in exhibit A and described in exhibit B attached with this ordinance. This District has a unique character as it contains a wide range of mixed uses that include potential historical structures, older single-family residences and existing new single-family residences, duplexes, multifamily, institutional, and commercial uses. This area has been in transition for over thirty (30) years and will continue to redevelop with a mix of uses on the remaining undeveloped lots. The purpose of the regulations in this section is to promote a central place for civic activity in Kennedale as well as to preserve and expand the original old town area to serve as a gateway into the center of Kennedale, in a manner that distinguishes it from neighboring communities. The regulations in this section are intended to encourage a relatively dense mix of residences and businesses that create a built environment which is both aesthetically pleasing, and which encourages walkability and public gatherings. (b) Subdistricts. This district shall be divided into four subdistricts as depicted in exhibit A. Subdistrict 1 (SD-1) shall preserve the existing single family residential uses and promote historic residential building designs in this area. Subdistrict 2 (SD-2) shall promote a mix of single family residential and low intensity retail in this area, to be housed in residential structures that are similar to the building designs and materials allowed in subdistrict 1. Subdistrict 3 (SD-3) shall promote mainly institutional uses in historical or the modern interpretation of storefront type building designs in the area. Subdistrict 4 (SD-4) shall promote a mix of residential and non-residential uses in historical or the modern interpretation of storefront type building designs in the area. (c) Permitted uses. The uses permitted in the "OT" district include those listed in the "schedule of uses" found in section 17-421 hereof. Any use not expressly authorized and permitted herein is expressly prohibited in this district, unless otherwise allowed in conformance with section 17-427 of this article dealing with new and unlisted uses. (d) Special exception uses. In order to allow for certain uses which, because of their nature or unusual character, cannot be unconditionally permitted in this district, yet would or could be an appropriate or compatible use under certain controlled circumstances and locations, the board of adjustment may, after public hearing thereon, authorize and grant the issuance of a special use permit for such special exception uses allowed in the "schedule of uses" in section 17-421 of this article. The issuance of the permit by the board shall be contingent upon reasonable and appropriate conditions and safeguards, including the length of time, so as to properly protect any adjacent property, use or neighborhood character, as well as insure the appropriate conduct of the special exception use of the land and buildings granted. See section 17-422 of this article. Page 2 (e) Area;yard;height;lot coverage;and building size. The requirements regulating the minimum lot size, minimum yard sizes (front, side and rear), maximum building height, maximum percent of lot coverage by buildings and the minimum size of buildings, as pertains to this district, shall conform with the provisions of the "schedule of district regulations" found in subsection 17-405(d) and any other applicable regulations as herein provided. (f) Building Design. The requirements regulating building design for all new structures and substantial (50% or more of existing square footage) renovations to existing structures in this district are as follows: A.) Subdistrict 1 - Single Family Residential subdistrict and Subdistrict 2 - Single Family Residential and Retail Mixed Use subdistrict. In these subdistricts the building designs shall conform to one of the following five architectural styles provided below: a. Prairie Style (1900s to 1920) If choosing this style the following elements shall be followed: 1 W1 (i) Building Form Elements required: 1. Maximum two stories in height. 2. Exhibit solid geometric forms with minimal ornamentation. 3. Complex massing, usually two stories with one-story wings. 4. Horizontal lines and massing (intended to unify the structure with the native prairie landscape)with masonry belt-courses between the stories. 5. Oversized front entry porch minimum of eighty square feet (80 SF) in area and covering 80% of the front fagade. Minimum depth of the porch shall be 5 feet. 6. Masonry or stucco with cast stone accents on exterior. Clad Lap siding or shingles (Cementatious Fiber Board shall be permitted) may be used on rest of the fagade. 7. Massive central chimney constructed of kiln-fired masonry is optional. (ii) Roof Elements required: 1. Hipped or gabled roof. 2. Roof pitch - Max. = 5:12, Min. =2:12. 3. Wide, over-sized eaves extending up to 48 inches out from exterior wall. These eaves are allowed within the required setback. Page 3 (iii) Windows and Door Elements required: 1. Casement-style windows grouped in bands with shared projecting sills that appear to wrap around the building. 2. Clerestory windows. 3. Windows and doors surrounded by large 4" to 6" moldings that set them apart from the plane of the wall. 4. Doors stained in a natural color and punctuated with a glass opening. b. Bungalow (1900s to 1925). If choosing this style the following elements shall be followed: t (i) Building Form Elements required: 1. Maximum two stories in height. 2. Clad Lap siding or shingles (Cementatious Fiber Board shall be permitted) may be used on 80% of the fagade. 3. Prominent entrance with a covered porch containing a minimum of sixty square feet (60 SF) in area and covering minimum 40% of the front fagade. Minimum depth of the porch shall be 5 feet. 4. Porch columns shall be optional features. If such are provided, at least two street facing columns, in which at least the lower forty percent (40%) of said column height is clad in brick masonry or stone at a finished thickness at column of no less than 16 inches in width. (ii) Roof Elements required: 1. Hip roof with overhang. 2. A gable pediment or roof dormer feature shall be above the porch structure. 3. Roof pitch max. = 6:12, min. =2:12. 4. Gabled dormers. 5. Painted exposed roof rafters at eave. Page 4 (iii) Windows and Door Elements required: 1. Symmetrical placement of doors and windows. 2. Entrance door located in the center of wide houses, or at the side corner of narrow houses 3. Double hung windows depicting multiple panes. 4. At least one tripartite window used on front fagade. c. Craftsman (19`00s to 1930). If choosing this style the following elements shall be followed: f IF9 P a 7:1 IPA 40ppr 04r (i) Building Form Elements: 1. Maximum two stories in height. 2. Clad lap siding or shingles (cementatious fiber board shall be permitted) shall be allowed over 80%of the fagade. 3. Decorative corbels (bracket work). 4. Prominent entrance with a covered porch containing a minimum of eighty square feet (80 SF) in area and covering minimum 90% of the front fagade. Minimum depth of the porch shall be 5 feet. 5. Porch shall be supported by tapered square columns or pedestals extending to ground level of porch floor. 6. At least two-thirds (2/3) of the street facing edge(s) of the porch structure shall be enclosed with vertical wood or iron railing, or solid masonry bulkhead that has a minimum height of 36 inches. 7. At least two street facing columns, in which at least the lower forty percent (40%) of said column height is clad in brick masonry or stone at a finished thickness at column of no less than 16 inches in width. (ii) Roof Elements required: Page 5 1. Hip roof type with overhang. 2. 12"-24" maximum overhang. 3. Roof pitch Max.= 8:12, Min.=3:12. 4. Gabled or single pitched dormers. Low-pitched, gabled roof (occasionally hipped) with wide, unenclosed eave overhang. 5. Roof Rafters to be exposed; or provide false decorative beams or braces under gables. (iii) Windows and Door Elements required: 1. Asymmetrical placement of doors and windows. 2. Double-hung (tripartite)windows with decorative crowns depicting multiple panes. d. American Foursquare (1900s to 1930) If choosing this style the following elements shall be followed: Rod Do"ner Of0m one-oyw-am or Craftnun styye windows 0 1-story Porch (i) Building Form Elements required: 1. Minimum two stories in height. 2. Square shape in plan and usually symmetrical fagades. 3. Brick, stone, cast stone used at base of structure minimum of 5 feet in height. The remaining fagade shall be masonry except simulated or engineered wood (with a fire rating complying with the adopted building code) siding and shakes may be used on 40% of the second story exterior(cementatious fiber board shall be permitted). 4. A water table composed of a 2"x 12" board, or cast stone string course element, with a continuous drip cap which separates the masonry base from the upper cladding materials. 5. Prominent entrance with a covered porch containing a minimum of eighty square feet (80 SF) in area and covering minimum 50% of the front fagade. Minimum depth of the porch shall be 5 feet. 6. At least three street-facing columns, in which at least the lower forty percent (40%)of said column height is clad in brick masonry or stone at a finished thickness at column of no less than 16 inches in width. (ii) Roof Elements required: 1. Hipped roof with dominant projecting dormers. Page 6 2. Minimum of one roof dormer with a minimum base width of 5 feet. 3. Composition, wood shingle, slate or cementatious tile roof. (iii) Windows and Door Elements required: 1. Double-hung windows with various patterns of glazing. 2. Boxed or bay windows shall be permitted. e. Colonial Revival (1910s to 1935) If choosing this style the following elements shall be followed: fWVt"?vIAr riffli Alt 0 odt 17 N[J]m UULU Wry EEEOM ;.Ott Jw7mill—il. toi FIgLIre 4.10 - Wasik design elem-eats (i) Building Form Elements required: 1. One, one and a half, or two stories in height. 2. Fagade shall be symmetrical, but may have side porches or sunrooms on either or both sides. 3. Rectangular building mass. 4. Dominant, masonry chimney on side fagade is optional. 5. Entrance is centered and accented with columns, pilasters, pediment, and/or hooded cover to create a covered porch minimum of forty square feet (40 SF) in area and covering minimum 30% of the front fagade. Minimum depth of the porch shall be 5 feet. 6. Simulated or engineered wood (with a fire rating complying with the adopted building code) clapboard (6") siding most common exterior wall material (Cementatious Fiber Board and brick masonry shall be permitted as well). 7. Classical columns, two-story pilasters, dentils under eaves. (ii) Roof Elements: 1. Steep roof, with side-facing gables. Page 7 2. 6"-18" max overhang. 3. Roof pitch Max. = 12:12, Min.= 6:12. 4. Hipped roof and dormers are occasionally evident and are optional. (iii) Windows and Door Elements: 1. Fanlight or transom, sidelights built with paneled door. 2. Multi-pane, double-hung windows with shutters. 3. Palladian accent windows shall be permitted. B.) Subdistrict 3 - Town Center subdistrict and Subdistrict 4 - Mixed Use subdistrict. In these subdistricts the building design shall conform to the following regulations: a. Architectural Styles: An applicant shall choose one of the following architectural styles. A modern interpretation of these styles using clean lines and newer materials will be allowed as long as the massing and fagade articulation follows the style elements below: (i) The Vernacular Commercial Storefront (1860s to 1920). This style maybe used for nonresidential buildings, condominiums, multifamily apartment buildings, and for live/work units. If choosing this style the following elements shall be followed: f 1. Vertical ordering of front fagade into a definitive base, body and bap, where: (I) Base: Is the ground level, where the building makes contact with the earth, (II) Body: Is the upper middle portion of the architecture, forming the majority of the structure, and (III) Cap: Is the parapet, entablature or roofline, where the building meets the sky. 2. Larger display windows with a window pediment or base. 3. First floor transom windows. 4. Recessed street entry. 5. Double street entry doors. 6. Tall second-story windows. 7. Cornice molding and accents at roof parapet. Page 8 Italianate (1850s to 1885). This style maybe used for nonresidential buildings, multifamily apartment buildings, and for live/work units. If choosing this style the following elements shall be followed: 1. Double-hung, narrow windows, often with round arch heads. 2. Window panes are either one-over-one or two-over-two. 3. Ornate treatment of the eaves, including the use of brackets, medallions and dentil courses. 4. Quoins (projecting square surface pattern) at building corners. 5. Flat roof or sloped with a maximum 3:12 pitch. 6. Exaggerated roof parapet molding. 7. Transom, often curved, above the front door. 8. Brackets, modillions and dentil courses. 9. Overall, a vertical emphasis in building proportions. Art Deco/Moderne (1930s to 1950). This style maybe used for nonresidential buildings and for live/work units. If choosing this style the following elements shall be followed: 77" ■ _.. i ` P t' NT 1. Variety of colors and textures. 2. Molded metal panels or grills. 3. Stucco and tile combined. 4. Stylized floral patterns. 5. Rounded corner windows. 6. Repetitive geometric forms. 7. Colored brick or tile. 8. Zigzag or chevron moldings. Page 9 b. Building Fapades. (i) Any building located on a lot with frontage on the public ROW, must place the primary surface of the front wall of the building on the front building line for at least 60 percent of the length of the frontage. (ii) Building fapades that face a public ROW (Type A Primary Fapade) and shall be designed as the primary front plane of the building and shall contain the primary building entrance. Building fapades that face internal parking and alley areas (Type B Secondary Fapade) may contain a secondary or rear entrance. See Figure below for articulation of primary and secondary facades. TYpc A Prirnazy _.. Facade Type E stomdary Facade (iii) The proportions of walls, windows, and portions of walls shall be predominately vertical. Areas that are predominately horizontal shall be subdivided by pilasters, mullions, columns, trim work, or other architectural elements to achieve a balanced or vertical appearance. Vertical stripes, however, are undesirable. (iv) Pilasters and columns should be used as an expression of the actual or imaginary structural system on the exterior of the building. These elements shall divide the horizontal fapade into smaller, more vertical panels. Pilasters should be placed no farther apart than they are tall and should extend to the eave or above the parapet. (v) The major entry to the building is required to be placed on the public ROW fapade and requires at least one entry into the building for each 50 feet of frontage on the property line. (vi) One-story buildings shall be maximum one-half block long with a single building fapade design. Two or more stories may be unlimited in length. (vii) Corner Treatment: oil Page 10 1. Buildings shall reinforce a strong protruding corner condition at street intersections. 2. Angled corner clips (or other building conditions which do not form a protruding corner) are not permitted at street intersections, but shall be permitted where such building corner contains a minimum of three (3) of the following five (5) architectural elements: a. Stone appliques, masonry banding features or attaching architectural building elements that are constructed with a stone finish of a different color and surface texture used for the main structure. b. Architectural canopy above the sidewalk with masonry canopy supports or pilasters that extend outward a minimum of eight (8) inches from the base of the building. C. Public doorway entrance feature with a glazed transom window above doorway, with said transom being substantially equal in width with the door frame, with glazed portion of transom measuring a minimum sixteen (16) inches in height. d. A cornice element at the parapet wall that is either constructed integrally with the parapet structure, or attached to the surface of the parapet, and shall extend above the parapet a minimum of eighteen inches (18") higher than those parapets that are attached to exterior walls that are built parallel to the street. EFIS/Stucco shall be a permitted material for the parapet cornice specified herein. e. Variations to the roof profile for those sections of a corner fagade that contain at least one or more curvilinear, domed or arched formations at the roofline. 3. Buildings will be designed to accommodate City of Kennedale's required visibility triangles without compromising the corner design. (viii) Storefront- Storefront regulations apply to type A facades and are optional for type B facades. 1. Base (where building makes contact with the earth) shall be a part of all storefronts and shall establish a visible base for the material above. 2. Window pediment (a section of wall under the display window elevating the glass above the sidewalk) materials may include any materials from the materials section of these standards except glass. The minimum height of a window pediment shall be six inches and maximum height shall be 36 inches. 3. The intent of the regulations is to provide as much opportunity for observation as possible, achieving the maximum visibility into the display window. Clear, single pane glass shall be permitted, insulated glass is permitted, light tinting for UV protection is permitted, and heavy tinting is prohibited. Glass panels should have a generally vertical proportion. 4. Display Window sills must be sloped to drain over the window pediment. 5. The minimum return from the primary wall surface to the display window jamb shall be three inches. A trim or panning shall be permitted. 6. The design of the display window incorporating transom window elements above door height shall be permitted. Above the glass and frame, unit masonry walls must have a visible masonry lintel above the glass. Stucco-style walls do not require a visible masonry lintel. Page 11 7. Awnings on all street level windows are required. Awnings are to be made of predominantly natural or natural-appearing fabric. The bottom of the awning must be placed below the top of the window. Awnings may project into the public ROW but may not interfere with the accessible route of the sidewalk. 8. An awning or canopy over the entry doors may extend into the public R.O.W. and may be supported on columns. However, the columns may not interfere with the accessible route of the sidewalk. 9. Entry doors shall be a minimum of 30 percent glass, and may be 100 percent glass. 10. Trim, panning, or a section of wall is required between the entry doorjamb and the adjacent jamb of the display window. 11. A transom or transom-type panel shall be permitted above the entry door(s). (ix) Sign band. Sign band regulations do not apply to type B facades. The sign band is designed to display the identity of the business within and express in graphic form the character of the business. Highly expressive graphics are encouraged; A sign band that is too long or too tall is not consistent with the intended character. 1. Location. The top of the head of the display window is the bottom of the sign band, and the bottom of the second floor window sills or the bottom of the cornice is the top of the sign band. The band ends horizontally either at a pilaster, a tower, or an adjacent fagade. 2. The maximum height allowed that is uninterrupted by a change in plane, change in material or a change in color shall be five feet. 3. The maximum length allowed that is uninterrupted by a change in plane, change in color or a change in material is 50 feet on a one story building, unlimited on two or more stories. 4. Indirect lighting of the signage and identity graphics shall be permitted. (x) Upper stories. The regulation of the fagade design of the building above the first floor allows for wide latitude to encourage dignified, beautiful, creative, and gracious design. The following shall apply to all upper story facades: 1. Windows. Window sizes may range from eight percent of the wall surface area to 80 percent of the wall surface area as measured from the head of the first floor windows to the bottom of the eave or cornice across the length of the type A fagade. Windows shall align with windows above or below and left to right, creating a regular pattern within each fagade design. 2. Windows, sills. Permitted materials shall include masonry, metal or wood, sloped to drain away from the window. 3. Windows, jambs. Trim or panning shall be permitted. The jamb must be recessed from the primary wall plane a minimum of three inches unless trim or panning is used. 4. Window, heads. In unit masonry construction, a visible masonry header is required. Stucco does not require a masonry header. 7. Balconies, floors. Floors must be a solid, concrete surface; metal grates are prohibited. Floors may project upto 24 inches into the public ROW. 8. Balconies, railings. Ornamental railings are required and should be consistent with the architectural character of the fagade. The top of the railing shall be convex shaped to prevent placement of objects on the railing. Page 12 9. Cornice%ave/parapet. Shall be tall enough to conceal the rooftop equipment, otherwise an added screen compatible with the fagade design will be required behind the parapet to do so. (xi) Roof. 1. Roofing materials. Materials used on flat roofs with parapet fagades are not restricted. Sloping roofs visible from the front of the building may be standing seam metal, slate, simulated slate, tile or simulated tile. Asphalt shingles are prohibited on roofs over 3,000 square feet in area. Mansard roofs are generally prohibited unless allowed by special exception. 2. Eaves. The surface of the soffit under the overhang is to be treated as a finished surface. Trim is required at least at the intersection of the soffit and wall surfaces. Paint or other finish is required. Venting is to be incorporated into the design of the soffit surface. 3. Gutters and downspouts. If gutters and downspouts are to be visible on the type A fagade, they must be incorporated into the fagade design. (xii) Visible interior. The portion of the building interior that is, or is intended to be, part of the pedestrian experience visible from the public ROW. 1. Window display. The window display is to be visible at least one foot into the interior. The display should be lighted, clean and organized. 2. Window display floor. A raised floor shall be permitted. 3. Window display lighting. Lighting should be warm in color and either LED or metal halide bulbs. Fluorescent lighting is prohibited. 4. Window display window coverings. No coverings should be applied that eliminate visibility into the display space such as blinds, medium or heavy tinting or draperies. c. Materials. The material lists are divided into materials that are unrestricted, materials that are desirable in small quantities, and materials that are undesirable unless used in an unusual or artistic fashion. (i) Unrestricted siding materials. These materials may be used, in a manner consistent with the chosen architectural style, without limits for walls in type A or type B fagades: brick, stone, cast stone, ceramic tile and stucco. (ii) Restricted siding materials. These materials may be used without limits for walls in type A or type B fagades, provided the architecturally appropriate detailing is used in a manner consistent with the chosen architectural style and is consistent with high quality stucco construction: concrete tilt-wall, exterior insulation and finish system (EIFS) and stucco. (iii) Limited siding materials. The use of the following materials is encouraged provided the material is appropriate with the chosen architectural style: Simulated or engineered wood (with a fire rating complying to the adopted building code), hardiplank clapboard siding, fiberglass, and ceramic-faced concrete block. 1. Decorative or stamped architectural metal wall panels shall be utilized as an accent surface material for no more than fifteen percent (15%) of any single type A or type B fagade. (iv) Type B fagade siding material. The following material may be used on type B fagades: concrete masonry units, and EIFS. (v) Restricted siding materials. The following material may be used for buildings subject to these standards with a conditional use permit: aluminum siding, vinyl Page 13 siding, vertical wood siding, and corrugated metal siding. All other material not specifically listed above falls into this category. (vi) Colors for siding material shall be low reflectance, neutral, or earth tone colors. The use of high intensity primary, metallic, or fluorescent colors is prohibited. Painted trim colors may be selected from the list of colors for historic structures recommended by the National Trust for Historic Preservation. Bright colors may be used on trim or decorative elements. (g) Site Design. A.) Subdistrict 1 - Single Family Residential subdistrict and Subdistrict 2- Single Family Residential and Retail Mixed Use subdistrict. In these subdistricts the site design for all parcels shall conform to the following standards below: a. Building placement. Main entrance of all structures shall be oriented towards the primary street. For the purposes of locating the main entrance, if a street has 60% of the existing structures with a main entryway facing it then that street shall be considered a primary street. (i) porch entrance, steps, and stoops must also be oriented to the primary street. b. Parking requirements. Off-street parking space requirements shall be in accordance with the parking schedule found in section 17-421 hereof. Except for: (i) parking spaces for only two (2) motor vehicles shall be provided on-site in an enclosed garage or under a carport for structures constructed after May 2015. Additional on-site parking shall require a conditional use permit. (ii) additional off-street parking space requirements for retail uses found in section 17-421 shall be provided through shared parking agreements and off street parking spaces within 1,000 feet of the property. (iii) carport or garage shall be no closer to the street than the face of the enclosed air- conditioned space of the main structure or when the carport and the front porch have a common roof then the carport can extend as far as the foundation of the porch. b. Landscape requirements. shall be in accordance with Chapter 17. Article VIII. Landscape Standards of the Kennedale Code of Ordinances. Requirements for R-1 district shall apply to single family residential or duplex uses. All other uses shall comply with the requirements in Chapter 17. Article VIII. Landscape Standards of the Kennedale Code of Ordinances. Except for: (i) all uses other than single family residential uses, the Planning Director may substitute the requirements in Chapter 17. Article VIII. Landscape Standards of the Kennedale Code of Ordinances in lieu of one of the following - public park, courtyard, or public plaza that have: 1. a combination of at least three of the following amenities: seating, water feature, landscaping, decorative paving or patterned concrete paving, sculptures and/or other public art; and 2. minimum 500 square feet in size or 25% of the total property square feet, whichever is greater, with public access and visibility from the street. d. Sales displays prohibited. (i). Garage sales shall be permitted in accordance with section 11-5 of the Kennedale Code of Ordinances. (ii) It shall be unlawful for any person to display or allow to be displayed for sale or lease on any lot any motor vehicle, boat or vessel subject to registration under V.T.C.A., Parks and Wildlife Code, ch. 31, or camper shell designed for use on a motor vehicle Page 14 unless such vehicle is owned by the actual occupant of the premises. However, no person or family shall at any time be permitted to display more than two (2) of the following, or combination thereof, per lot: motor vehicles, boats or other similar vessels subject to registration under V.T.C.A., Parks and Wildlife Code, ch. 31, or camper shells per lot at any time. B.) Subdistrict 3 - Town Center subdistrict and Subdistrict 4 - Mixed Use subdistrict. In these subdistricts the site design for all parcels shall conform to the following standards below: a. Building placement. (i) Main entrance of all structures shall be oriented towards the primary street. For the purposes of locating the main entrance, if a street has 60% of the existing structures with a main entryway facing it then that street shall be considered a primary street. (ii) Buildings shall be located on the property line along the primary street. b. Parking requirements. Off-street parking requirements shall be in accordance with the parking schedule found in section 17-421 hereof. Except for: (i) off-site parking requirements for non residential uses found in section 17-421 may be provided through shared parking agreements and off street parking spaces within 1,000 feet of the property. (ii) off--site parking that exceeds the minimum requirements in the parking schedule found in section 17-421 shall require a conditional use permit. (iii) off-street parking shall not be located adjacent to the primary street. (iv) off-street parking shall be located behind or between structures such that only the driveways are visible from the street. c. Landscape requirements. shall be in accordance with Chapter 17. Article VIII. Landscape Standards of the Kennedale Code of Ordinances. Requirements for R-1 district shall apply to single family residential or duplex uses. All other uses shall comply with the requirements in Chapter 17. Article VIII. Landscape Standards of the Kennedale Code of Ordinances. Except for: (ii) all uses other than single family residential uses, the Planning Director may substitute the requirements in Chapter 17. Article VIII. Landscape Standards of the Kennedale Code of Ordinances in lieu of one of the following - public park, courtyard, or public plaza that have: 1. a combination of at least three of the following amenities: seating, water feature, landscaping, decorative paving or patterned concrete paving, sculptures and/or other public art; and 2. minimum 500 square feet in size or 25% of the total property square feet, whichever is greater, with public access and visibility from the street. d. Sales displays prohibited. (i). Garage sales shall be permitted in accordance with section 11-5 of the Kennedale Code of Ordinances. (ii) It shall be unlawful for any person to display or allow to be displayed for sale or lease on any lot any motor vehicle, boat or vessel subject to registration under V.T.C.A., Parks and Wildlife Code, ch. 31, or camper shell designed for use on a motor vehicle unless such vehicle is owned by the actual occupant of the premises. However, no person or family shall at any time be permitted to display more than two (2) of the following, or combination thereof, per lot: motor vehicles, boats or other similar vessels Page 15 subject to registration under V.T.C.A., Parks and Wildlife Code, ch. 31, or camper shells per lot at any time. C.) Public land and rights-of-way (ROW). If required to upgrade or construct streets, sidewalks or other public amenities as a part of the development in the Old Town District, the following requirements shall apply: a. Drive lanes. The paving section of a roadway supporting the travel lanes for vehicles. (1) Number of lanes.All roads will be built in accordance with the thoroughfare plan. (II) Material specifications. Street construction specifications shall comply with the city standards. (III) Width. The intent to calm traffic and the desire of motorists to use on-street parking or to tour the town requires slower speeds. The use of slightly narrowed street widths helps to slow traffic. Lane widths may be reduced to 11 feet where appropriate subject to city review and approval. b. Parking lanes. The paving section of roadways supporting parking for automobiles, motorcycles, or bicycles. (1) Material specifications. Street construction specifications shall comply with the city standards for parking areas. (II) Dimensions. Parking spaces shall comply with the city standards. c. Curbs. The vertical separation between the roadway and the pedestrian section of the public ROW. (1) Accessibility. Standards shall comply with city regulations, Texas Accessibility Standards (TAS)and the Americans with Disabilities Act(ADA). (II) Material specifications. Construction specifications shall comply with the city standards for parking areas. (III) Dimensions. Height shall comply with city standards. Steps may be required to transition between sidewalk and the street. d. Parkways. The part of the pedestrian section of the public ROW that supports plantings, green-space and open-space. (1) Width. The parkway is a continuous or intermittent strip of land between the street and the sidewalk to allow for planting. The parkway and the sidewalk together must be at least ten feet wide. (II) Landscape materials. In the absence of sidewalk paving, the minimum planting schedule requires trees evenly spaced over the length of the block, approximately 40 feet apart with grass or ground cover. Tree species must comply with the permitted species list in Chapter 17. Article VIII. landscape standards. (III) Street lights. The streetlights must be of historical design and approved by the Planning Director to maintain similar/compatible streetlight design in a subdistrict. All light fixtures must be full cut-off fixtures. Streetlights shall have a minimum output of 300 lumens per fixture and maximum output of 600 lumens per fixture. The fixtures are to be evenly spaced over the length of the block, but not more than 50 feet apart and shall be a maximum of 20 feet in height. Fixtures must be equipped with two banner arms on each pole, placed perpendicular to the street. (IV)Street furniture. Benches, trash receptacles and drinking fountains must be maintained by the owner of the street furniture. (V) Displays. Temporary displays are permitted for seasonal or commercial activity, with the approval of the Planning Director. Page 16 e. Sidewalks. The part of the pedestrian section of the public ROW that supports the hard surfaced sidewalks for pedestrian use. (1) Width. The sidewalks plus parkway shall not be less than ten feet wide. Sidewalk widths must conform to requirements of the commercial activity within the building: restaurants need wide sidewalks for dining areas, retailers need medium width sidewalks to permit window-shopping without impeding pedestrian traffic, and office areas only require minimal width to accommodate the pedestrian traffic. In no case shall sidewalk width be less than five feet. (11) Accessibility. Standards shall comply with city regulations, Texas Accessibility Standards (TAS)and the Americans with Disabilities Act (ADA). (111) Material specifications. Construction specifications shall comply with the city standards for sidewalks. Sidewalks pavers may be used subject to approval by the Public Works Director. f. Public amenities. Green space and open space owned and operated by the public for the use and enjoyment of the public are desirable amenities for the residents and patrons of the town. They are subject to review and approval by the City Council and are reviewed individually as required. g. Alleys. Public ROW roadways for vehicles to access the sides and rear of buildings and parking lots. (1) Width. Commercial alley ROW widths shall be between 20 feet and 30 feet. Paving may cover entire ROW width. (11) Material specifications. Alley construction specifications shall comply with the city standards. Page 17 �y`.c•N -. ..-- - --Tti-'o1 5-I�l i�l'c eel:f x U �,r m � h cu � fff 11 _ Exhibit A 3 = Bus ict 2 7 r�;jF #� U MW Sibdistrict Page 18 SECTION 2. Section 17-421 of the Zoning Ordinance of the City of Kennedale, Texas, as amended, is hereby amended by replacing the uses permitted in the "OT" Old Town district with the following four sub-districts as follows: Use OT SD-1 SD-2 SD-3 SD-4 SF residential & retail in SF SF residential design Town Center Mixed Use Residential Uses: Single-family dwelling X X Two-family dwelling X X Three-family dwelling X Four-family dwelling X X Apartment or multi-family building X Manufactured home Industrialized housing Manufactured home park Townhouse X Condominium X Recreational vehicle park Boarding (rooming) house X X Child day care home X X Group home Group day care home Halfway house Accessory building X X X X Basketball court (private) X X X X Tennis court (private) X X X X Swimming pool (private) X X X X Home occupation (2) X X X Agricultural/Ranch Uses: Page 19 Farm orranch Farmer's market CUP CUP CUP Grainery or gin CUP CUP Micro-winery, with vineyard CUP CUP Orchard Produce stand X S X Use OT SD-1 SD-2 SD-3 SD-4 SF residential & retail in SF SF residential design Town Center Mixed Use Rodeo ground, arena (public) Stable, private CUP CUP Stable, public Vineyard CUP CUP Winery, with vineyard CUP CUP Utility/Solid waste uses: Cable TV lines X X X X Electric substations S S S S Gas regulations/gate station S S S S Gathering station S S S S Microwave tower S S S S Radio &television tower S S S S Railroad freight terminal S S S S Railroad yard S S S S Recycling collection facility Refuse transfer station S S S S Sewer lift station X X X X Telephone exchange S S S S Utility poles and lines X X X X Utility mains and lines X X X X Water pump station X X X X Water storage tank X X X X Water treatment plant S S S S Water well S S S S Page 20 Government & Institutional Uses: Athletic field or stadium S S S S Auditorium or amphitheater S S S S Basketball courts (public) S S S S Baseball/softball (public) S S S S Cemetery or mausoleum S S S S Page 21 Use OT SD-1 SD-2 SD-3 SD-4 SF residential & retail in SF SF residential design Town Center Mixed Use Church or rectory X X X X College or university S S X S Community center S S X S Convalescent center S S S X Fire station S S X X Government office S S X X Hospital S S X X Library S X X X Museum or art gallery S X X X Park or playground X X X X Police station S X X X Post office S X X X Prison or penitentiary Sanitarium S X S X School (nursery or kindergarten) S S X X School (trade or business) S S X X School (elementary or middle) S S X X School (high school) S S X X Soccer fields (public) S S S S Swimming pool (public) S S S S Tennis court (public) S S S S Commercial Uses: Animal shelter Antique shop X X X Apparel or clothing store X X X Appliance repair shop X X X Appliance store (retail) X X X Arcade X X Art supply store X X X Athletic or fitness club X X X Page 22 Use OT SD-1 SD-2 SD-3 SD-4 SF residential & retail in SF SF residential design Town Center Mixed Use Auction X X X Audio store (retail) X X X Auto inspection station X Auto paint& body shop S Auto parts store X X Auto rental X Auto repair garage S Auto sales lot Bakery (retail) X X X Bank or financial institutions X X X Bed & breakfast accommodations X S X Barber or beauty shop X X X Bicycle sales and repair X X X Boat sales Boat storage Book store X X X Bowling alley S Brewery S S S Building materials/lumber yard Bus terminal S Business office X X X Cabinet shop S S S Camera store (retail) X X X Carnival or circus S S Carpet store (retail) X X X Cemetery monument sales X X X Child care center or facility X X X Christmas tree sales S S S Computer store (retail/service) X X X Contractor yard (outside storage) Page 23 Use OT SD-1 SD-2 SD-3 SD-4 SF residential & retail in SF SF residential design Town Center Mixed Use Convenience stores X X X Dental clinic or office X X X Department store CUP CUP Electrical sales & service S X X Electronics store (retail) X X X Employment agency X X X Farm implement sales X Feed store X Feed store with animal sales S Firewood sales S Florist shop X X X Flea market (inside) S S S Flea market (outside) Fraternity/sorority lodge X X X Furrier Furniture store (retail) X X X Game hall X X X Gift or novelty shop X X X Golf course Golf course, miniature S Golf driving range S Grocery store X X X Gun shooting range (indoor) S Gunsmith shop S S X Hardware store X X X Heavy equipment sales S Hobby shop X X X Hotel or motel X X Impounded vehicle storage facility Insurance sales office X X X Page 24 Use OT SD-1 SD-2 SD-3 SD-4 SF residential & retail in SF SF residential design Town Center Mixed Use Jewelry store X X X Kennel S Laboratory, medical or dental X Large retail facility4 CUP CUP Laundry or dry cleaners X X X Lawnmower sales &service X X Leather goods shop (retail) X X X Lithographic shop X X X Locksmith shop X X X Meat, poultry&fish market X X X Medical clinic or office X X X Micro-brewery X X Micro-winery, without vineyard X X X Mini-warehouse Manufactured home sales lot Massage establishment S X X Mortuary or funeral home X X Motorcycle sales Movie theater(drive-in) S S S Movie theater(indoor) X X Musical instrument store X X X Newspaper office X X X Newsstand X X Nightclub or dance hall X X Office supply store X X Optical clinic or office X X X Optical dispensary store X X X Paintball sports, survival games S S S Parking lot (commercial, for fee) S S Pawnshop S S Page 25 Use OT SD-1 SD-2 SD-3 SD-4 SF residential & retail in SF SF residential design Town Center Mixed Use Pet grooming shop X X X Pet shop X X X Pharmacy or drug store X X X Photography studio X X X Picture framing shop X X X Plant nursery X X X Plumbing sales and service X X X Pool or billiard hall X X Print shop X X X Private club (serving alcohol) X X X Professional offices X X X Racquetball court S S Real estate or leasing office X X X Recording studio X X X Recreational vehicle sales Recreational vehicle storage Rental store S S S Restaurant or cafe (inside) X X X Restaurant(drive-in) Restaurant(kiosk) X X X Retail sales, alcohol X X X Secondhand store X X X Service station S S Sexually oriented business Shoe or boot store X X X Sign shop X X X Skating rink X X Snow cone stand X X X Sporting goods store X X Tailor or seamstress shop X X X Page 26 Use OT SD-1 SD-2 SD-3 SD-4 SF residential & retail in SF SF residential design Town Center Mixed Use Tanning salon X X X Tattoo shop S X X Taxidermist Tire sales, repair, & installation X Title & abstract office X X X Tool &equipment rental X X X Trailer sales & rental Travel agency X X X Truck rental Truck repair Truck sales Truck wash Upholstery shop X X X Vehicle storage facility Vehicular racing facility Veterinary clinic X X X Veterinary hospital X Video store X X X Washateria (self-service) X X Winery, without vineyard X X X Industrial Uses: Airport Ammonia manufacturing Amusement complex Apparel manufacturing Appliance manufacturing Artificial limb manufacturing Asphalt batching plant Bakery, commercial X Bleach manufacturing Page 27 Use OT SD-1 SD-2 SD-3 SD-4 SF residential & retail in SF SF residential design Town Center Mixed Use Bookbinding & publishing Box manufacturing Brick or tile manufacturing Canning operation S S X Carpet manufacturing Chemical storage or manufacturing Chlorine manufacturing Cold storage plant Composite manufacturing Composting (commercial) Concrete batching plant Concrete product casting plant Contractor yard (outside storage) Creamery S S X Creosote manufacturing Distribution center(small) Distribution center(large) Distillation plant Dyeing plant Electrical components manufacturing Electroplating Envelope manufacturing Explosives manufacturing Fertilizer manufacturing Fiberglass manufacturing Fireworks manufacturing Food processing Foundry Freight terminal, motor Page 28 Use OT SD-1 SD-2 SD-3 SD-4 SF residential & retail in SF SF residential design Town Center Mixed Use freight terminal, railroad Furniture manufacturing Garment manufacturing Glue manufacturing Grainery or gin Gypsum manufacturing Heliport or helistop Ice cream plant Ice plant Incinerator Insecticide processing Junk yard Laundry plant Light fabrication plant Machine shop S X Marble manufacturing Mattress manufacturing Meat, poultry& fish processing Metal fabrication Metal plating Metal stamping and extrusion Mining, extraction operation Monument works Packaging operation Paint manufacturing Pallet manufacturing Paper mill Paper products manufacturing Pesticide processing Petroleum products (wholesale) Page 29 Use OT SD-1 SD-2 SD-3 SD-4 SF residential & retail in SF SF residential design Town Center Mixed Use Petroleum refinery or storage Pharmaceutical manufacturing Planing mill Plastic product manufacturing Pottery manufacturing Recycling processing plant Rendering plant Rock crushing plant Salvage yard Smelter plant Tanning plant Television transmitting station Temporary construction office Textile manufacturing Tire manufacturing Tire recapping plant Vehicle conversion facility Warehouse Welding shop S S Page 30 SECTION 3. The district regulations for the "OT" Old Town district in Section 17-405(d) of the Zoning Ordinance of the City of Kennedale, Texas, as amended, are hereby amended to read as follows: OT SD-1 SD-2 SD-3 SD-4 9=residential 9=residential & Town Center Mixed Use retail in 9=de§gn Lot Area (sq. ft.) 8,000 5,000 5,000 5,000 Minimum lot width (feet)(d) 60 50 50 50 Minimum lot depth (feet) 120 80 100 100 Front yard setback(feet) 20 10 5 5 Fear yard setback(feet), 15 15 5 5 interior lot ,9 de yard setback(feet), 5 5 5 5 interior lot ,9 de yard setback(feet), 5 5 5 5 corner lot (street side only) Minimum height (stories) Based on selected Based on selected 2.0 2.0 building design building design Maximum height (stories) 3.0 3.0 Maximum height (feet) 35 35 50 50 Maximum lot coverage 50% 70% 75% 75% Masonry requirement Sae sec.17-410 Sae sec.17-410 Sae sec.17-410 Sae sec.17-410 (e)(A): (e)(A.): (e)(B.)(c.) (e)(B.)(c.) (a.)(i)(6); (a.)(i)(6); (b.)(i)(2); (b.)(i)(2); (c.)(i)(2); (c.)(i)(2); (d.)(i)(3); & (d.)(i)(3); & Page 31 (e)(i)(6) (e)(i)(6) Minimum Main building living 1,500(k) 1,500(k) 1,000 1,000 area(square feet)(h)(i)0> .. Require minimum 8 ft.with a total of 20 ft.side yard. (a) The minimum lot area for multifamily dwellings shall be two thousand seven hundred fifty (2,750) square feet per apartment unit.There shall be a maximum of sixteen(16)units per acre. (b) For manufactured home parks, the minimum lot area shall be not less than five thousand (5,000) square feet per manufactured home lot when a public sewer system serves the park. Where no public sewer system is available and septic tanks are used for sewage disposal, the minimum lot area shall be one (1)acre per manufactured home. The minimum size of any manufactured home park shall be five(5)acres. (c) The minimum living area per unit or apartment shall be six hundred (600)square feet for an efficiency, eight hundred (800) square feet for one (1) bedroom, nine hundred (900)square feet for two (2) bedrooms, and one thousand one hundred (1,100)square feet for three (3)or more bedrooms. However, the average living area for all apartments in an apartment building must be a minimum of seven hundred(700)square feet. (d) Whenever any lot is located on a cul-de-sac, the lot width shall not be less than eighty (80) percent of the required lot width at the building line. (e) Whenever any lot is located on a cul-de-sac,the rear yard setback shall be fifteen(15)feet. (f) For the purposes of this requirement, the following materials shall be considered "masonry": glass, natural stone, face brick, face tile, concrete, split face concrete masonry units(haydite block), decorative pattern concrete block masonry unit, masonry veneer, and cement stucco. In determining the percentage of masonry required, the surface of the exterior walls exclusive of the doors and windows shall be measured, up to the eave area or up to a maximum of twelve (12)feet in height,whichever is less. (g) The minimum setback for one(1)side yard of an interior lot may be ten(10)feet,however the total side yard setback for both side yards must equal thirty(30)feet. (h) The minimum living area excludes garage,porch,and breezeways. (i) Accessory buildings are those structures that are subordinate to the main residence, on the same lot. Accessory buildings may not exceed fifteen (15) feet in height and include detached garages, bathhouses, greenhouses, bomb/fallout shelters, and barns. Storage buildings that contain more than one hundred seventy-five (175)square feet of space are included in this category. Accessory buildings shall be located at least five (5) feet from the residence, eight (8) feet from the side lot line and eight (8)feet from the rear yard line, public easement or drainage easement. Accessory buildings shall be of new construction and have exterior walls made of masonry,wood, stone, brick, or vinyl siding, except in OT district where an accessory building shall be located only in the rear yard and may be built on the property lines when not adjacent to a primary street, If adjacent to a street the accessory building will be setback 5 feet from the property line.Accessory buildings shall be compatible in design and materials to the primary structure. Q) The water's edge of swimming pools must be located at least eight(8)feet from the main building, eight(8)feet from the side lot lines, and eight(8)feet from the rear lot line. Swimming pools may not be placed in the required front yard, public utility easements,or drainage easements. (k) The maximum main building living area in subdistricts 1 and 2 of OT district shall be 5,000 square feet. Page 32 SECTION 4. Section 17-431 Definitions of the Zoning Ordinance of the City of Kennedale, Texas, as amended, is hereby amended to add the following definitions: Brackets A projection from a vertical surface providing structural or visual support under cornices, balconies, or any other overhanging member. 1.i_ r Massing.The exterior shape and volumetric view of a building is called massing. It refers to the general shape and size of a buildi ng. Example-The Arts Tower in Sheffield shown below can be considered as a simple upright cuboid shape. 3)lid geometric forms. Fbfersto three dimensional geomet ri c forms. Oerestory windows. An upperstory row of windows; windows in the part of a wall rising above the adjacent roof with windows admitting light. - 1: O Oad lap siding. Wall and roof covering of thin horizontal boards. Cable. That part of the wall immediately under the end of a pitched roof, cut into a triangular shape by the sloping sidesof the roof. A - Page 33 Gabled roof. A pitched roof having a gable at each end. Hipped Fbof. It is a type of roof where all sides slope downwards to the walls, usually with a fairly gentle slope.Thus it is a house with no gables or other vertical sidesto the roof. Pilasters. Apilaster is narrowly protruding column attached to awall,giving the illusion of areal free standing support column. W. .Y Dentils.Asmall rectangular block-atooth-like cube- used in a series forming amolding under a cornice. Dentil molding is the exact shape of a toothy dental smile on ajack-o'-lantern. Cornice. The projection that forms thetop band of an entablature(horizontal band of el ement s above the column capitals in classical architecture)or wall. Page 34 RrICornice Frieze hitrave Tripartite window.Awindow composed of three parts. Double hung window.Windows divided into two main sections. One section can slide up and down past the other one. Dormer.Asmall structure that projectsfrom asloping roof,with awindow in the fagade face. t Eaves The projecting overhang at the lower edge of a roof. Fanlight.Asemi-circular (fan shaped)window placed atop a door, commonly seen in Federal and Colonial Revival style buildings Transom. Asmall window placed above a door or window 9delights Narrow windows flanking an entry door. Page 35 Palladian window. A three-part, round-arched window, named for the 15th century Italian architect Andreas Palladino, also known as a Venetian Window and common in the Geor ian and Colonial Revival styles. long a lose _. ■ soon ■ ■ Boom I I soon ■ Baywindow. Awindow that sticksout from the outer wall of a house and usually has three sides. to Window head. A brick oriented with the smaller end exposed on the face of the wall and smaller dimension vertical placed over window openings. Quoin. Alarge rectangular block of stone or brick(sometimeswood) used to accentuate an outside corner of a building; typically in atoothed form with alternate quoins projecting and receding from the corner. SECTION 5. 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. Page 36 SECTION 6. 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 7. 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 8. 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 9. 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 10. 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 21s' DAY OF MAY 2015 Page 37 MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Page 38