2015_11.16 CC Packet KENNEDALE
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KENNEDALE CITY COUNCIL AGENDA
REGULAR MEETING
November 16, 2015
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION at 5:30 PM
REGULAR SESSION at 7:00 PM
I. CALL TO ORDER
II. WORK SESSION
*NOTE:Pursuant to Section 551.071, Texas Government Code, the City Council reserves the right
to adiourn into Executive Session at any time during the work session or the regular session to
discuss posted executive session items or to seek legal advice from the City Attorney on any
item posted on the agenda.
A. Review Impact Fee parameters through a joint work session with Impact Fee Committee (P&Z)
B. Discuss the need to consider at a future meeting regarding an ordinance to regulate payday and
auto title lenders
C. Discussion of items on regular agenda
III. REGULAR SESSION
IV. ROLL CALL
V. INVOCATION
VI. UNITED STATES PLEDGE
VII. TEXAS PLEDGE
"Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible."
VIII. VISITOR/CITIZENS FORUM
At this time, any person with business before the Council not scheduled on the agenda may speak to the
Council. No formal action can be taken on these items at this meeting.
IX. REPORTS/ANNOUNCEMENTS
405 Municipal Drive, Kennedale, TX 76060 1 Telephone; 817-985-2100 1 Fax: 817-478-7169
In addition to any specific matters listed below, the city council may receive a report about items of
community interest, including but not limited to recognition of individual officials, citizens or departments,
information regarding holiday schedules, upcoming or attended events, etc.
A. Updates from City Council
B. Updates from the Mayor
C. Updates from the City Manager
X. MONITORING INFORMATION
A. Executive Limitations
B. Monthly Financials
C. Ends Review
Balanced Scorecard
XI. INCIDENTAL ITEMS (CONSENT)
All matters listed under incidental items (consent) have been previously discussed, require little or no
deliberation, or are considered to be routine by the council. If discussion is desired, then an item will be
removed from the consent agenda and considered separately.
A. Consider approval of minutes from October 26, 2015 meeting
B. Consider approval of an Interlocal Agreement with Tarrant County, Texas for the reconstruction of
Village Street
C. Consider authorizing the Mayor to sign an Interlocal Agreement with the Fort Worth Transportation
Authority for Administrative Cost Funding for Section 5310 Program
XII. REQUIRED APPROVAL ITEMS
A. Consider the casting of votes for the Board of Directors for the Tarrant Appraisal District
XIII. DECISION ITEMS
A. City Council to consider making appointments to the TownCenter Development District, the Tax
Increment Reinvestment Zone
B. Consider approval of Ordinance 580 authorizing a No Parking Zone in the 1300 block of
Kennedale Parkway.
C. CASE #PZ 15-11 Public hearing and consideration approval of Ordinance 581 regarding a
request by Summit Custom Homes for a zoning change for 2.07 acres from"AG"Agricultural zoning
district to "RV Single family residential zoning district at 1033— 1041 Swiney Hiett Rd and 1149
Swiney Hiett, legal description of Oliver Acres block 1 lot 5 and 'h of lot 4 and lot 6D, Kennedale,
recently replatted as Oliver Acres block 1 lots 4R1, 5R1, & 5R2, Tarrant County, Texas.
1. Staff presentation
2. Applicant presentation
3. Public hearing
4. Applicant response
5. Staff response and summary
6. Action by the City Council
D. CASE # PZ 15-09 to receive comments and consider approval of Ordinance 582 amending
Chapter 17, Article VI, "Zoning", of the code of ordinances of the City of Kennedale, Texas, as
amended, by establishing new zoning districts, "Neighborhood Village overlay district" and "Urban
Village overlay district," and regulations for same, including regulations on permitted uses, building
design, site design, landscaping, and signs.
1. Staff presentation
2. Public hearing
3. Staff response and summary
4. Action by the City Council
E. Direct city staff to initiate a rezoning of Joel Snider Survey A-1448 Tract 1A, an approximately 30-
acre tract at 3925 Kennedale New Hope Rd
F. Consider approval of Ordinance 583 amending Chapter 19 of the code of ordinances of the City of
Kennedale, Texas, as amended, by amending Article 1-In General, to establish cases for senior
citizen fee exemption
G. Consider approval of Ordinance 584 amending Chapter 23 of the code of ordinances of the City of
Kennedale, Texas, as amended, by amending Article 1-In General, to establish a method for starting
water services and the procedures needed
H. Consider approval of Ordinance 585 amending Chapter 23 of the code of ordinances of the City of
Kennedale, Texas, as amended, by amending Article 1-In General, to establish a billing period and
calculate delinquencies
I. Consider approval of Ordinance 586 amending Chapter 23 of the code of ordinances of the City of
Kennedale, Texas, as amended, by amending Article 1-In General, to establish a method for billing
commercial accounts for stormwater
XIV. EXECUTIVE SESSION
A. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government
Code to deliberate the purchase, exchange, lease, or value of real property for the following:
1. 5401 High Ridge Road
2. 5400 and 5404 Kennedale Road
3. 6900 Block Kennedale Parkway
4. 300 and 304 New Hope Road
XV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO
EXECUTIVE SESSION, IF NEEDED
XVI. 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 November 16, 2015, 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.
Leslie Galloway, City ecretary
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 16, 2015
Agenda Item No: WORK SESSION -A.
I. Subject:
Review Impact Fee parameters through a joint work session with Impact Fee Committee (P&Z)
II. Originated by:
III. Summary:
Freese and Nichols will provide a presentation covering Impact Fees in a joint work session with City
Council and the Impact Fee Committee (P &Z).
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 16, 2015
Agenda Item No: WORK SESSION - B.
I. Subject:
Discuss the need to consider at a future meeting regarding an ordinance to regulate payday and auto title
lenders
II. Originated by:
III. Summary:
This has been placed on the workshop agenda to determine the level of interest in adopting an ordinance
regulating payday lenders.
The Texas Municipal League indicated that"in response to the state legislature's failure to adopt any
substantive statewide regulation of credit access businesses, a handful of cities have adopted ordinances
aimed at ending the cycle of debt and helping borrowers to be successful in paying back their loans. As of
the spring of 2013, the cities that adopted ordinances were Austin, Balcones Heights, Dallas, Denton, El
Paso, and San Antonio. There are likely to be more at the time of this publication. All of these cities—
except for Balcones Heights— have been sued by the credit access business industry, with the industry
claiming that the cities are preempted from regulating credit access businesses since the legislature gave
the OCCC some authority to regulate in 2011. (Balcones Heights has suspended enforcement of its
ordinance pending the outcome of the San Antonio lawsuit.)
When payday and auto title lenders argued before the legislature for preemption of all city ordinances
regulating credit access businesses, chief among their policy arguments was the notion that it would be
too administratively difficult to keep track of the different"patchwork of regulation"that exists from city to
city. This argument falls flat in two ways. First, only six out of roughly 1,200 Texas cities have adopted
ordinances. Second, the ordinances adopted by these six cities are all but identical in how they regulate
the lending practices of credit access businesses. Key features of all six ordinances include the following
provisions:
•A credit access business must apply for and receive a certificate of registration from the city.
•A credit access business must maintain complete records of all loans made by the business for at least
three years and make the records available to the city for inspection upon request.
• The amount of a payday loan may not exceed 20 percent of the consumer's gross monthly income.
• The amount of an auto title loan may not exceed the lesser of three percent of the consumer's gross
annual income or 70 percent of the retail value of the motor vehicle.
•Any loan from a credit access business that provides for repayment in installments may not be payable
in more than four installments, and the proceeds from each installment must be used to repay at least 25
percent of the principal amount of the loan. No renewals or refinancing of installment-payment loans are
permitted.
•Any loan from a credit access business that provides for a single lump sum repayment may not be
refinanced or renewed more than three times, and the proceeds from each refinancing or renewal must
be used to repay at least 25 percent of the principal amount of the loan.
•Any loan made to a consumer within seven days of a previous loan has been paid by the consumer
constitutes a refinancing or renewal.
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
Cities contemplating the adoption of an ordinance regulating the lending practices of credit access
businesses should consider adopting substantially similar regulations to those adopted by the six cities
mentioned above. If Texas cities that wish to regulate in this area continue to adopt essentially uniform
ordinances, credit access businesses will not be able to use the argument that city ordinances vary from
city-to-city if they seek preemption legislation in 2015.
City officials should be aware that adoption of any ordinance regulating credit access businesses will
likely cause stakeholders representing the payday and auto title lending industry to file a lawsuit.
Each city should consult with local legal counsel prior to adopting any ordinance. That is particularly true
in this instance".
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
1. Sam Ie Ordinance jordinance Exam Ie. df
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SETTING FORTH
REGISTRATION REQUIRMENTS AND CREDIT EXTENSION GUIDELINES
FOR CREDIT ACCESS BUSINESSES AND PROVIDING A PENALTY.
WHEREAS, certain credit access businesses engage in abusive and predatory lending
practices, offering easy money to those members of our community who are in a tight
spot with onerous terms and fees; and
WHEREAS, the practices of certain access businesses cause members of our community
to become trapped in a cycle of short term, high interest loans resulting in large debt and
huge payments; and
WHEREAS, the Pew Charitable Trusts, in their publication entitled Payday Lending in
America: Who Borrows, Where they Borrow, and Why, (July 2012), wrote that "payday
loans are sold as two-week credit products that provide fast cash, but borrowers are
actually indebted for an average of five months per year." The report further noted that
"on average, a borrower takes out eight loans of$375 each per year and spends $520 on
interest;"and
WHEREAS, the Pew Charitable Trusts, in their publication entitled Payday Lending in
America: Who Borrows, Where they Borrow, and Why, (July 2012), also noted: "How
much borrowers spend on loans depends heavily on the fees permitted by their state. The
same $500 storefront loan would generally cost about $55 in Florida, $75 in Nebraska,
$87.50 in Alabama, and $100 in Texas, even if it were provided by the same national
company in all those states. Previous research has found that lenders tend to charge the
maximum permitted in a state;"and
WHEREAS, the Pew Charitable Trusts, in their publication entitled Payday Lending in
America: Who Borrows, Where they Borrow, and Why, (July 2012), also stated that "the
vast majority of borrowers use the loans on a long-term basis, not temporary one. Thus it
seems that the payday loan industry is selling a product few people use as designed and
that imposes debt that is consistently more costly and longer lasting than advertised;"and
WHEREAS, the Community Financial Services Association of America (CFSA), the
national trade association for companies that offer small dollar, short-term loans or
payday advances includes the following in the "Member Best Practices" as listed on its
internet site (htlp://cfsaa.com/cfsa-member-best-practices.aspx): "Members shall not
allow customers to rollover a payday advance (the extension of an outstanding advance
by payment of only a fee) unless expressly authorized by state law, but in such cases
where authorized will limit rollovers to four or the state limit, whichever is less." The
need for consumer understanding was also outlined on this website: "A contract between
a member and the customer must fully outline the terms of the payday advance
transaction. Members agree to disclose the cost of the service fee both as a dollar amount
and as an annual percentage rate ("APR");" and
WHEREAS, the Center for Responsible Lending, a non-profit, non-partisan
organization, states on its internet site (http://www.responsiblelending.org/other-
consumer-loans /tools-resources/fast-facts.html) that: "car title loans are based on the
value of a borrower's car - the ability to repay the loans is not factor in the lending
decision..."; "loan rates for a car title are typically 20-30 times that of rates charged by
credit card issuers..."; "the average car title customer renews their loan 8 times..."; and,
"on a $500 title loan, this average customer will pay back $650 in interest over eight
months; the principal borrowed will be in addition;" and
WHEREAS, lenders hold onto the motor vehicle title and when borrowers cannot
continue to pay the fees, they can lose their vehicles, which can drastically affect the
borrower's means of transportation for work and other essential household functions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF
Section 1. Chapter -CREDIT ACCESS BUSINESSES
.010- Short Title and Purpose.
(a) This article may be known and cited as "Credit Access Businesses Regulation."
(b) The purpose of this article is to protect the welfare of the citizens of the City of
by monitoring credit access businesses in an effort to reduce abusive and
predatory lending practices. To this end, this article establishes a registration program for
credit access businesses, imposes restrictions on extensions of consumer credit made by
credit access businesses, and imposes recordkeeping requirements on credit access
businesses.
.020-Definitions.
As used in this chapter:
(1) CERTIFICATE OF REGISTRATION means a certificate of registration issued by
the director under this article to the owner or operator of a credit access business.
(2) CONSUMER means an individual who is solicited to purchase or who purchases
the services of a credit access business.
(3) CONSUMER'S LANGUAGE OF PREFERENCE is the language the consumer
understands best.
(4) CREDIT ACCESS BUSINESS has the meaning given that term in Section
393.601 of the Texas Finance Code.
(5) DEFERRED PRESENTMENT TRANSACTION has the meaning given that term
in Section 393.601 of the Texas Finance Code.
(6) DIRECTOR means the director of the department designated by the City Council,
City Manager, or City Councilor City Manager's Designee, to enforce and
administer this chapter.
(7) EXTENSION OF CONSUMER CREDIT has the meaning given that term in
Section 393.001 of the Texas Finance Code.
(8) MOTOR VEHICLE TITLE LOAN has the meaning given that term in Section
393.601 of the Texas Finance Code.
(9) PERSON means any individual, corporation, organization, partnership,
association, financial institution, or any other legal entity.
(10)REGISTRANT means a person issued a certificate of registration for a credit
access business under this chapter and includes all owners and operators of the
credit access business identified in the registration application filed under this
chapter.
(11) STATE LICENSE means a license to operate a credit access business issued by
the Texas Consumer Credit Commissioner under Chapter 393, Subchapter G of
the Texas Finance Code.
.030-Violations; Penalty
(a) A person who violates a provision of this chapter, or who fails to perform an act
required of the person by this chapter, commits an offense. A person commits a separate
offense for each and every violation relating to an extension of consumer credit, and for
each day during which a violation is committed,permitted, or continued.
(b) An offense under this chapter is punishable by a fine of not more than$500.
(c) A culpable mental state is not required for the commission of an offense under this
article and need not be proved.
(d) The penalties provided for in Subsection (b) are in addition to any other remedies that
the city may have under city ordinances and state law.
.040-Defenses
It is a defense to prosecution under this article that at the time of the alleged offense the
person was not required to be licensed by the state as a credit access business under
Chapter 393, Subchapter G, of the Texas Finance Code.
.050-Registration Required
A person commits an offense if the person acts, operates, or conducts businesses as a credit
access business without a valid certificate of registration. A certificate of registration is
required for each physically separate credit access business.
.060-Registration Application
(a) To obtain a certificate of registration for a credit access business, a person must submit
an application on a form provided for that purpose to the director. The application must
contain the following:
(1) The name, street address, mailing address, facsimile number, and telephone
number of the applicant.
(2) The business or trade name, street address, mailing address, facsimile number,
and telephone number of the credit access business.
(3) The names, street addresses, mailing addresses, and telephone numbers of all
owners of the credit access business, and the nature and extent of each person's
interest in the credit access business.
(4) A copy of a current, valid state license held by the credit access business
pursuant to Chapter 393, Subchapter G of the Texas Finance Code.
(5) A copy of a current, valid certificate of occupancy showing that the credit
access business is in compliance with the City of Code.
(6)A non-refundable application fee for the amount established.
(b) An applicant or registrant shall notify the director within 45 days after any material
change in the information contained in the application for a certificate of registration,
including, but not limited to, any change of address and any change in the status of the
state license held by the applicant or registrant.
.070-Issuance and Display of Certificate of Registration; Presentment upon
Request.
(a) The director shall issue to the applicant a certificate of registration upon receiving a
completed application under Section_.060
(b) A certificate of registration issued under this section must be conspicuously
displayed to the public in the credit access business. The certificate of registration must
be presented upon request to the director or any peace officer for examination.
.080-Expiration and Renewal of Certificate of Registration.
(a)A certificate of registration expires on the earliest of:
(1) One year after the date of issuance; or
(2) The date of revocation, suspension, surrender, expiration without renewal, or
other termination of the registrant's state license.
(b) A certificate of registration may be renewed by making application in accordance
with Section _.060. A registrant shall apply for renewal at least 30 days before the
expiration of the registration.
.090-Non-transferability.
A certificate of registration for a credit access business is not transferable.
.100-Maintenance of Records.
(a) A credit access business shall maintain a complete set of records of all extensions of
consumer credit arranged or obtained by the credit access business, which must include the
following information:
(1)The name and address of the consumer.
(2)The principal amount of cash actually advanced.
(3)The length of the extension of consumer credit, including the number of installments
and renewals.
(4)The fees charged by the credit access business to arrange or obtain an extension of
consumer credit; and
(5) The documentation used to establish a consumer's income under Section .110
of this ordinance.
(b) A credit access business shall maintain a copy of each written agreement between the
credit access business and a consumer evidencing an extension of a consumer credit
(including,but not limited to, any refinancing or renewal granted to the consumer).
(c)A credit access business shall maintain copies of all quarterly reports filed with the Texas
Consumer Credit Commissioner under Section 393.627 of the Texas Finance Code.
(d)The records required to be maintained by a credit access business under this section must
be retained for at least three years and made available for inspection by the city upon request
during the usual and customary business hours of the credit access business.
.110-Restriction on Extension of Consumer Credit.
(a) The cash advanced under an extension of consumer credit that a credit access business
obtains for a consumer or assists a consumer in obtaining in the form of a deferred
presentment transaction may not exceed 20 percent of the consumer's gross monthly
income.
(b) The cash advanced under an extension of consumer credit that a credit access business
obtains for a consumer or assists a consumer in obtaining in the form of a motor vehicle title
loan may not exceed the lesser of:
(1)Three percent of the consumer's gross annual income;or
(2)70 percent of the retail value of the motor vehicle.
(c) A credit access business shall use a paycheck or other documentation establishing
income to determine a consumer's income.
(d) An extension of consumer credit that a credit access business obtains for a consumer or
assists a consumer in obtaining and that provides for repayment in installments may not be
payable in more than four installments. Proceeds from each installment must be used to
repay at least 25 percent of the principal amount of the extension of consumer credit. An
extension of consumer credit that provides for repayment in installments many not be
refinanced or renewed.
(e) An extension of consumer credit that a credit access business obtains for a consumer or
assists a consumer in obtaining and that provides for a single lump sum repayment may not
be refinanced or renewed more than three times. Proceeds from each refinancing or renewal
must be used to repay at least 25 percent of the principal amount of the original extension of
consumer credit.
(f) For purposes of this section, an extension of consumer credit that is made to a consumer
within seven days after a previous extension of consumer credit has been paid by the
consumer will constitute a refinancing or renewal.
.120-Requirement of Consumer Understanding of Agreement.
(a) Every agreement between the credit access business and a consumer evidencing an
extension of consumer credit (including, but not limited to, any refinancing or renewal
granted to the consumer), must be written in the consumer's language of preference. Every
credit access business location must maintain on its premises, to be available for use by
consumers, agreements in the English and Spanish languages.
(b) For every consumer who cannot read, every agreement between the credit access
business and a consumer evidencing an extension of consumer credit (including, but not
limited to, any refinancing or renewal granted to the consumer) must be read to the
consumer in its entirety in the consumer's language of preference, prior to the consumer's
signature.
(c) For every consumer who cannot read, every disclosure and notice required by law must
be read to the consumers in its entirety in the consumer's language of preference,prior to the
consumer's signature.
.130-Referral to Consumer Credit Counseling.
A credit access business shall provide a form, to be prescribed by the Director, to each
consumer seeking assistance in obtaining an extension of consumer credit which references
non-profit agencies that provide financial education and training programs and agencies
with cash assistance programs. The form will also contain information regarding extensions
of consumer credit, and must include the information required by .100(a)(1)-(5) of this
ordinance specific to the loan agreement with the consumer. If the Director has prescribed a
form in the consumer's language of preference, the form must be provided in the
consumer's language of preference.
Section 2. Should any article, section, part, paragraph, sentence, phrase, clause, or word of
this ordinance, for any reason be held illegal, inoperative, or invalid, or if any exception to
or limitation upon any general provision herein contained be held to be unconstitutional or
invalid or ineffective,the remainder shall, nevertheless, stand effective and valid as if it had
been enacted and ordained without the portion held to be illegal, inoperative,
unconstitutional,invalid,or ineffective.
Section 3.This ordinance shall take effect ,2013
ADOPTED THIS day of 2013.
CITY OF
ATTEST:
Mayor
City Clerk
APPROVED AS TO FORM:
City Attorney
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 16, 2015
Agenda Item No: REPORTS/ANNOUNCEMENTS -A.
I. Subject:
Updates from City Council
II. Originated by:
City Council, City Council
III. Summary:
Updates and information from Council members .
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII.Alternative Actions:
VIII.Attachments:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 16, 2015
Agenda Item No: REPORTS/ANNOUNCEMENTS - B.
I. Subject:
Updates from the Mayor
II. Originated by:
III. Summary:
Updates and information from the Mayor.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII.Alternative Actions:
VIII.Attachments:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 16, 2015
Agenda Item No: REPORTS/ANNOUNCEMENTS - C.
I. Subject:
Updates from the City Manager
II. Originated by:
Bob Hart
III. Summary:
Updates and information from City Manager, if any.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 16, 2015
Agenda Item No: MONITORING INFORMATION -A.
I. Subject:
Executive Limitations
II. Originated by:
III. Summary:
Reports are attached for review.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
1. Executive Limitations lExecutive Limitations 11.2015.docx
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
POLI CY TYPE: EXECUTIVE LIMITATIONS
POLICY TITLE: GLOBAL EXECUTIVE CONSTRAINT
The City Manager shall not cause or allow any organizational practice, activity, decision, or
circumstance that is either unlawful, imprudent, or in violation of commonly accepted business and
professional ethics
Overall, City operations are i n compliance with the global constraint policy.
POL ICY TYPE: EXECUTIVE LIMITATIONS
POLICY TITLE: TREATM ENT OF CUSTOM ERS OF CITY SERVICES
With respect to interactions with customers, the City Manager shall not cause or allow conditions,
procedures,or decisions that are unsafe, untimely, undignified, or unnecessarily intrusi ve.
The City Manager wi I I not:
1. Elicit informationfor which there is no clear necessity.
2. Use methods of col I ecti ng, revi ewi ng, transmi tti ng, or stori ng customer i nformati on that fai I to
protect agai nst i mproper access to the materi al
3. Operate faci I i ti es wi thout appropri ate accessi bi I i ty and pri vacy.
4. Operate without establishing with customers a dear understanding of what may be expected and
what may not be expected from the servi ce off ered.
5. Operate wi thout i nformi ng customers of thi s pol i cy or provi di ng a way to be heard for persons
who beli eve that they have not been accorded a reasonabl e i nterpretati on of their rights under this
pol i cy.
Cyber security issues area major concern in compliance with point 2. The ci ty backs up files on a daily basis
to avoid more common hacking attempts. Limitations have been placed on what websi tes can be accessed.
Both the city manager and IT analyst are members of I nfraGard to better understand the risks involved.
POLICY TYPE: EXECUTIVE LIMITATIONS
POLICY TITLE: TREATM ENT OF STAFF
With respect to the treatment of paid and volunteer staff, the City Manager shall not cause or allow
conditions that are unfair, undignified, disorganized, or unclear.
The Ci ty M anager wi I I not
1. Operate without written personnel rules that (a) clarify rules for stair, (b) provide for effective
handling of grievances,and (c) protect against wrongful conditions, such as nepotism and grossly
preferential treatment for personal reasons.
2. Retal i ate agai nst any staff member for non-disruptive express on of dissent.
3. Allow staff to beunaware of City Manager's interpretations of their protections under this pol icy.
4. Allow staff to be unprepared to deal with emergency situations.
The ci ty maintains current personnel policy and orientation booklet. City operations are in compliance with the
treatment of staff policy. Staff was heavily involved in the preparati on of an asset management plan. In
addition staff i s i nvol ved in the i ntervi env process consistent with our desired culture.
POLICY TYPE: EXECUTIVE LIMITATIONS
POLICYTITLE: EMERGENCY CITY MANAGERSUCCESSION
In order to protect the Council from sudden loss of the City Manager Services, the City Manager shall not
permit there to be less than one other person familiar enough with Council and City Manager i ssLas and
procedures to be able to maintain organization services
Kel I y Cooper i sthe most informed of staff members.Thedepartment heads collectively are aware of
on-goi ng acti vi ti esand proj ects, and I have been more attenti ve to thi s i n staff meeti ngs.
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 16, 2015
Agenda Item No: MONITORING INFORMATION - B.
I. Subject:
Monthly Financials
II. Originated by:
III. Summary:
Overview of the City's revenues/expenditures for all funds compared to budget and previous year.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
1. Monthl Financials- October Imonthly Financials October. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
FY14-15 FY14-15 FY15-16 CURRENT FY14-15 CY-PY %OF BUDGET BUDGET
REVENUES YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING
GENERAL FUND 217,450 5,975,983 6,091,420 223,926 99,090 436,952 1.6% 5,992,330
OTHER GENERAL FUNDS 23,935 1,390,103 1,263,639 35,823 35,823 28,620 2.8% 1,227,816
GENERAL FUND 241,385 7,366,086 7,355,059 259,750 134,914 465,572 1.8% 7,220,145
GENERAL DEBT SERVICE FUND 78,929 1,352,687 1,403,111 79,380 79,380 43,928 5.7% 1,323,732
WATER/SEWER FUND 265,331 3,445,237 5,672,328 310,291 310,291 2,194,373 5.5% 5,362,037
STORMWATER UTILITY FUND 15,056 195,158 247,825 21,502 21,502 (17,700) 8.7% 226,323
WATER IMPACT FUND 9,215 172,370 116,040 11,754 11,754 30 10.1% 104,286
SEWER IMPACT FUND 2,592 44,619 6,682 2,425 2,425 (1) 36.3% 4,256
WATER IMPROVEMENT FUND - - - - - - 0.0% -
WATER/SEWER FUND 292,194 3,857,384 6,042,875 345,972 345,972 2,176,703 5.7% 5,696,903
EDC413 FUNDS 12,162 607,685 912,036 216 216 10,331 0.0% 911,820
CAPITAL FUNDS 5,279 821,536 1,141,107 4,194 4,194 (107,523) 0.4% 1,136,913
SPECIAL REVENUE FUNDS 0 32,127 126,801 0 0 125,000 0.0% 126,801
TOTAL REVENUES $ 629,949 $14,037,505 $16,980,989 $ 689,512 $ 564,676 $2,714,011 3.3% $ 16,416,314
FY14-15 FY14-15 FY15-16 CURRENT FY14-15 CY-PY %OF BUDGET BUDGET
EXPENDITURES YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING
GENERAL FUND 290,263 5,631,233 6,153,516 440,080 365,455 327,692 5.9% 5,788,061
OTHER GENERAL FUNDS 48,511 1,094,576 1,320,248 32,430 32,430 22,385 2.5% 1,287,818
GENERAL FUND 290,263 5,631,233 6,153,516 440,080 365,455 327,692 5.9% 5,788,061
GENERAL DEBT SERVICE FUND 36,759 1,338,313 1,363,867 35,959 35,959 20,759 2.6% 1,327,908
WATER/SEWER FUND 114,706 4,245,921 6,093,228 142,792 142,792 1,032,549 2.3% 5,950,436
STORMWATER UTILITY FUND 49,178 334,932 264,273 2,658 2,658 (307,954) 1.0% 261,615
WATER IMPACT FUND - 174,916 171,200 - - (3,716) 0.0% 171,200
SEWER IMPACT FUND 22,396 - (22,396) 0.0% -
WATER IMPROVEMENT FUND - - - 0.0% -
WATER/SEWER FUND 163,884 4,778,165 6,528,701 145,450 145,450 698,483 2.2% 6,383,251
EDC413 FUNDS 91,744 715,745 711,842 84,494 84,494 (24,127) 11.9% 627,348
CAPITAL FUNDS - 746,846 1,283,626 - - (53,843) 0.0% 1,283,626
SPECIAL REVENUE FUNDS - 48,852 126,800 - - (55,000) 0.0% 126,800
TOTAL EXPENDITURES $ 582,650 $13,259,154 $16,168,352 $ 705,983 $ 631,358 $ 913,965 3.9% $ 15,536,994
FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY-PY %OF BUDGET BUDGET
GENERAL FUND YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING
CITY MANAGER 13,874 275,402 267,466 17,374 4,448 (14,454) 1.7% 263,018
MAYOR/CITY COUNCIL 2,612 77,128 88,476 2,657 1 (5,630) 0.0% 88,475
CITY SECRETARY 3,965 124,118 135,923 5,613 2,306 (12,421) 1.7% 133,617
MUNICIPAL COURT 9,450 129,204 151,701 9,272 4,752 12,884 3.1% 146,949
HUMAN RESOURCES 7,530 112,356 113,473 7,479 1,788 (4,369) 1.6% 111,685
FINANCE 14,014 349,477 300,367 15,753 14,203 (120,033) 4.7% 286,163
POLICE 102,463 2,009,458 2,207,069 165,575 103,515 154,875 4.7% 2,103,554
FIRE 96,799 1,620,210 1,728,014 58,994 58,993 79,246 3.4% 1,669,021
COMMUNITY DEVELOPMENT 22,289 321,358 439,480 16,845 34,923 57,053 7.9% 404,556
SENIOR CITIZEN CENTER 727 50,569 54,077 2,200 2,206 (32) 4.1% 51,871
LIBRARY 14,173 217,519 239,079 15,442 15,442 9,989 6.5% 223,638
NONDEPARTMENTAL 2,367 344,434 428,392 122,875 122,875 170,585 28.7% 305,517
TOTAL EXPENDITURES $ 290,263 $5,631,233 $ 6,153,516 $ 440,079 $ 365,453 $ 327,692 5.97. $5,788,063
FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY-PY OF BUDGET BUDGET
WATER/SEWER FUNDS YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING
UTILITY BILLING 3,931 1,326,251 1,360,981 4,537 4,537 14,824 0.3% 1,356,444
WATER OPERATIONS 52,734 1,840,710 3,156,143 40,222 40,222 1,374,731 1.3% 3,115,921
DEBT - 186,683 505,473 - - 1,373 0.0% 505,473
NONDEPARTMENTAL 58,041 892,277 1,070,631 98,033 98,033 (358,379) 9.2% 972,598
TOTAL EXPENDITURES $ 114,706 $4,245,921 $ 6,093,228 $ 142,792 $ 142,792 $1,032,549 2.3% $5,950,436
FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY-PY 7.OF BUDGET BUDGET
STREET IMPROVEMENT FUND YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING
STREETS 29,671 673,440 1,042,405 22,532 22,532 213,729 2.2% 1,019,873
PARKS MAINTENANCE 9,914 117,568 84,000 5,538 5,538 7,000 6.6% 78,462
TOTAL EXPENDITURES $ 39,585 $ 791,008 $ 1,126,405 $ 28,070 $ 28,070 $ 220,729 2.5% $1,098,335
FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY-PY 7.OF BUDGET BUDGET
EDC4B FUNDS YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING
ADMINISTRATION 6,050 239,791 176,466 6,050 6,050 (85,995) 3.4% 170,416
DEBT SERVICE 78,575 323,315 319,893 71,507 71,507 (3,475) 22.4% 248,385
TOWN SHOPPING CENTER 7,120 51,447 50,484 6,937 6,937 - 13.7% 43,547
TOWN CENTER REDEVELOPMENT - - 90,000 - - 90,000 0.0% 90,000
TX LEVERAGE - 101,192 50,000 - - (60,000) 0.0% 50,000
TOTAL EXPENDITURES $ 91,744 $ 715,745 $ 686,842 $ 84,494 $ 84,494 $ (59,471) 12.3% $ 602,348
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 16, 2015
Agenda Item No: MONITORING INFORMATION - C.
I. Subject:
Ends Review
Balanced Scorecard
II. Originated by:
III. Summary:
Reports are attached for review.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
1. Balanced Scorecard 113alanced Scorecard. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
KEVN®ALE
F-Kennedale family oriented, economically prosperous, 13-1
KENNEDALE
conveniently opportunities to live,work and play October 2015
You're Here,YOUr Home
S1 Achieve a Thriving
Community -------
S2 Be a Sustafnabfe S3 Be Family
&Attractive City Oriented
IMP A
v
I1 Provide Excellent
Services
I2 Enhance I3 Expect Operational I4 Ensure Public I5 Enhance
Business Climate Excellence Health & Safety Partnerships
E1 Build Exceptional E2 Foster Pride in E3 Leverage
Talent Ownership AL Technology
F1 Balance the F2 Expect Fiscal F3 Leverage
Tax Base Responsibility Resources
CORE VALUES I NTEGRITYA000UNTAB UTY TEAM WORK I NNOVA-nON OOM M ITM ENT
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 16, 2015
Agenda Item No: INCIDENTAL ITEMS (CONSENT) -A.
I. Subject:
Consider approval of minutes from October 26, 2015 meeting
II. Originated by:
III. Summary:
Please see the attached minutes for your approval.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
Fl----Fc—itY Council Meeting Minutes - October 26, 2015 JOctober 26, 2015. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
)c
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com KENNEDALE CITY COUNCIL
MINUTES
REGULAR MEETING
October 26, 2015
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION - 5:30 PM
REGULAR SESSION - 7:00 PM
I. CALL TOORDER
Mayor.bhnson called the meeting to order at 6:27 p.m.
11.WORK SESS ON
*NO7Z--- Pursuant to Section 551.071, Texas Government Code, the City Coundl reserves the right to
adjourn into Executive Session at any time during the work session or the regular session to discuss
posted exeaitive session items or to seek legal advice from the C1tyAttorney on any item posted on the
agenda.
A. Discusswater delivery and billing/collection issues
City Manager, Bob Hart provided an overview on the water service delivery, billing and collection issues,
he stated that Kennedale has a quality water, sewer, stormwater drainage, and solid waste utility
system. Bob touched on several issues including Texas water issues, DFW population growth and the
water supply to handle the growth, the challenges to reduce consumption, and conservation strategies.
Lastly, there was discussion concerning billing issues with the city's public private partnership, Fathom
Water Management.
B. Discussion of items on regular agenda
No items were discussed at this time.
111. RBGU LAR SESSI ON
Mayor.bhnson opened the regular session at 7:07 p.m.
IV. ROLLCALL
Present: Frank Fernandez, Brian .bhnson , Kelly Turner, Liz Carrington, Charles Overstreet, Michael Walker
Absent: None
V. I NVOCATION
V1. UNITED STATES PLEDGE
VII.TEXAS PLEDGE
"Honor the Texas Rag; I Redge Allegiance to Thee,Texas, One Gate under God; One and Indivisible."
VIII.VISITORI CITIZENS FORUM
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
At this time, any person with business before the Council not scheduled on the agenda may speak to the
Counci l. No formal action can betaken on these items at this meeting.
There was no one present requesting to speak.
IX REPORTS ANNOUNCBVI BUTS
In addition to any specific matters listed below, the city council may receive a report about items of
community interest, including but not limited to recognition of individual officials, citizensor departments,
information regarding holiday schedules, upcoming or attended events,etc.
A. Updates from City Counci l
Councilman, Kelly Turner stated that he had recently attended an Emergency Preparedness Planning
Council (EPPC)meeting. He added that they hold mock scenarios each year, with several planned for
2016.
B. Updatesfrom the Mayor
-Monarch Migration Day Proclamation
-Arbor Day Proclamation
Mayor Johnson read aloud a proclamation in recognition of Monarch Migration Day.
Mayor Johnson read aloud a proclamation in recognition of Arbor Day, November 7, 2015, stating
that the City of Kennedale has planted trees within the medians of Little School Fbad and Sublet Fbad in
support of the Arbor Day Foundation and Tree City USA programs; and the Keep Kennedale Beautiful
Commission is also planting trees within the Qty Parks and the community in support of the Arbor Day
Foundation and Tree City USA programs.
G Updates from the Qty Manager
Qty Manager, Bob Hart informed the Council that the October 24, 2015 "Bring It" event was canceled
due to the weather; he noted that it will be rescheduled in the Spring.
X M ONI TORT NG I N FORM A11ON
A. Executive Limitations
B. Ends
- Balanced S:)orecard
There was no discussion on these items. Updated information was in the agenda packet for review.
)Q. I Na DENTAL ITBVI S(CONSENT)
All matters listed under incidental items (consent) have been previously discussed, require little or no
deliberation, or are considered to be routine by the council. If discussion is desired, then an item will be
removed from the consent agenda and considered separately.
A. Consider the selection of Halff Associates to prepare a grant application through FBVIA for federal
funding of the purchase and removal of flood prone structures under the Hazard Grant Mitigation
Program; and to assist the Qty of Kennedale in the implementation of a Hazard Grant Mitigation
Program Plan; and to authorize the Qty Manager to execute a contract
Page 2of7
B. Consider approval of contract with Freese and Nichols to conduct an Impact Fee 9udy
Q Approve Schedule of Investment Activity for quarter ending Saptember 30, 2015
Motion To approve all Incidental Items on (Consent) agenda. Action Approve, Moved By Charles
Overstreet, Seconded By Liz Carrington.
Motion passed Unanimously
A 1. RBC)UI R®APPROVAL ITBN S
All. DIB1190N ITBVIS
A. Consider approval of minutesfrom Sapt ember 21,2015 meeting
Motion To approve the minutesfrom the,139ptember 21, 2015 regular meeting. Action Approve, Moved
By Frank Fernandez, Seconded By Liz Carrington.
Motion passed Unanimously
B. Consider approval of minutesfrom October 6,2015 Special Interview meeting
Motion To approve the minutes from the October 6, 2015 special interview meeting. Action Approve,
Moved By Charles Overstreet, Seconded By Kelly Turner.
Motion passed Unanimously
Q Consider approval of minutesfrom October 7, 2015 Special Interview meeting
Motion To approve the minutes from the October 7, 2015 special interview meeting. Action Approve,
Moved By Liz Carri ngton, Seconded By Charles Overst reet.
Motion passed Unanimously
D. Consider approval of minutesfrom October 19,2015 meeting
Motion To approve the October 19, 2015 minutes from the work session only. No quorum for regular
meeting.Action Approve, Moved By Frank Fernandez, Seconded By Charles Overstreet.
Motion passed Unanimously
E Qty Council to consider making appointmentsto the Board of Adjustment/Building Board of Appeals,
Keep Kennedale Beautiful Commission, Kennedale Economic Development Corporation, Parks and
Pecreation Board, Planning and Zoning Commission and Library Advisory Board
Motion To reappoint all members who interviewed for the Board of Adjustment/Building Board of
Appeals, Keep KEnnedale Beautiful Commission, Kennedale Economic Development Corporation, Parks
and Facreation Board, Panning and Zoning Commission, and the Library Board. Action Approve, Moved
By Kelly Turner, Seconded By Frank Fernandez
Motion passed Unanimously
Page 3of7
Motion T o appoint Cesar Guerra t o t he K e e p Kennedale Beautiful Commission,A z a m tot he Parks
and Recreation Board, and John Clark to the Board of Adjustment/Building Board of Appeals.
Action Approve, Moved By Frank Fernandez Seconded By Kelly Turner.
Motion passed Unanimously
It was noted that appointments to the TownCenter Development District (TDD)and to the Tax Increment
Reinvestment Zone(TTRZ)will be made at the November meeting.
Motion To appoint John Clark as the Chairman for the Board of Adjustment/Building Board of Appeals,
and Ernest Harvey as the Chairman for the Ranning and Zoning Commission. Action Approve, Moved
By Charles Overstreet, Seconded By Frank Fernandez
Motion passed Unanimously
F. Consider appointment of an Impact Fee Advisory Board
City Manager, Bob Hart informed the Council that it has been eight years since the impact fees have
been reviewed. Bob stated that staff recommendsthe Ranning and Zoning Board members be
appointed to the Impact Fee Advisory Board. He added that an additional person is needed with
property in the extraterritorial jurisdiction, and staff is recommending Delbert Rainesto fill that position.
In dosing, Bob stated that Freese and Nicholswill provide atraining class for the Advisory Board and
Council titled"Impact Fees 101" to be held during the regular Council work session in November.
Motion To approvethe appointment of the Ranning and Zoning Board membersand Delbert Rainesto
the Impact Fee Advisory Board.Action Approve, Moved By Charles Overstreet, Seconded By Michael
Walker.
Motion passed Unanimously
G. Consider Resolution 463 authorizing participation in various cooperative purchasing programs
Decision agenda items"G-Q' covering policy amendmentswere previously discussed,where updatesto
the policies were provided by Finance Director Krystal Crump. Resolutions 463 - 473 were approved as
one motion.
Motion To approve policy amendments on Resolutions 463 through 473. Action Approve, Moved
By Michael Walker, Seconded By Liz Carrington.
Motion passed Unanimously
H. Consider Resolution 464 adopting an amended Oty of Kennedale Financial Management Fblicy
Decision agenda items"G-Q' covering policy amendments were previously discussed,where updates to
the policies were provided by Finance Director Krystal Crump. Fesolutions 463 -473 were approved as
one motion.
Motion To approve policy amendments on Resolutions 463 through 473. Action Approve, Moved
By Michael Walker, Seconded By Liz Carrington.
Page 4of7
Motion passed Unanimously
I. Consider Fbsolut ion 465 adopting an amended Qty of Kennedale Identity Theft Prevention Program
Policy
Decision agenda items"G-Q' covering policy amendments were previously discussed, where updates to
the policies were provided by Finance Director Krystal Crump. Resolutions 463 - 473 were approved as
one motion.
Motion To approve policy amendments on Resolutions 463 through 473. Action Approve, Moved
W Michael Walker, Seconded W Liz Carrington.
Motion passed Unanimously
J. Consider Resolution 466 adopting an amended Qty of Kennedale Grant Submission &Acceptance
Policy
Decision agenda items"G-Q' covering policy amendmentswere previously discussed,where updatesto
the policies were provided by Finance Director Krystal Crump. Resolutions 463 - 473 were approved as
one motion.
Motion To approve policy amendments on Resolutions 463 through 473. Action Approve, Moved
W Michael Walker, Seconded W Liz Carrington.
Motion passed Unanimously
K Consider Resolution 467 adopting an amended Qty of Kennedale Fraud Policy
Decision agenda items"G-Q' covering policy amendments were previously discussed, where updates to
the policies were provided by Finance Director Krystal Crump. Resolutions 463 - 473 were approved as
one motion.
Motion To approve policy amendments on Resolutions 463 through 473. Action Approve, Moved
W Michael Walker, Seconded W Liz Carrington.
Motion passed Unanimously
L Consider Resolution 468 adopting an amended Qty of Kennedale Unclaimed Property Policy
Decision agenda items"G-Q' covering policy amendments were previously discussed,where updates to
the policies were provided by Finance Director Krystal Crump. Resolutions 463 - 473 were approved as
one motion.
Motion To approve policy amendments on Resolutions 463 through 473. Action Approve, Moved
W Michael Walker, Seconded W Liz Carrington.
Motion passed Unanimously
M. Consider Resolution 469 adopting an amended Qty of Kennedale Purchasing Policy
Page 5of7
Decision agenda items"G-Q' covering policy amendments were previously discussed,where updates to
the policies were provided by Finance Director Krystal Crump. Fasolutions 463 - 473 were approved as
one motion.
Motion To approve policy amendments on Fasolutions 463 through 473. Action Approve, Moved
By Michael Walker, Seconded By Liz Carrington.
Motion passed Unanimously
N. Consider Fesolution 470 adopting an amended City of Kennedale Procurement Card Program Policy
Decision agenda items"G-Q' covering policy amendmentswere previously discussed,where updatesto
the policies were provided by Finance Director Krystal Crump. Resolutions 463 - 473 were approved as
one motion.
Motion To approve policy amendments on Resolutions 463 through 473. Action Approve, Moved
By Michael Walker, Seconded By Liz Carrington.
Motion passed Unanimously
O. Consider Resolution 471 adopting an amended Qty of Kennedale Investment Policy
Decision agenda items"G-Q' covering policy amendmentswere previously discussed, where updatesto
the policies were provided by Finance Director Krystal Crump. Resolutions 463 - 473 were approved as
one motion.
Motion To approve policy amendments on Resolutions 463 through 473. Action Approve, Moved
By Michael Walker, Seconded By Liz Carrington.
Motion passed Unanimously
P. Consider Resolution 472 adopting an amended Qty of Kennedale Internal Controls& Cash Handling
Policy
Decision agenda items"G-Q' covering policy amendmentswere previously discussed, where updatesto
the policies were provided by Finance Director Krystal Crump. Resolutions 463 - 473 were approved as
one motion.
Motion To approve policy amendments on FL-solutions 463 through 473. Action Approve, Moved
By Michael Walker, Seconded By Liz Carrington.
Motion passed Unanimously
Q. Consider Resolution 473 adopting an amended Kennedale Fund Balance Policy
Decision agenda items"G-Q' covering policy amendmentswere previously discussed, where updatesto
the policies were provided by Finance Director Krystal Crump. Resolutions 463 - 473 were approved as
one motion.
Page 6of7
Motion To approve policy amendments on Resolutions 463 through 473. Action Approve, Moved
W Michael Walker, Seconded W Liz Carrington.
Motion passed Unanimously
R Consider approval of an Ordinance 579 amending the city's schedule of administrative fees
Finance Director, Krystal Crump provided an update for all new fees added to the current administrative
fee schedule. Krystal noted that the additions to the fee schedule encompass several fees that are not
currently being recovered.
Motion To approve Ordinance 579 amending the city's schedule of administrative fees. Action Approve,
Moved By Charles Overstreet, Seconded W Kelly Turner.
Motion passed Unanimously
)QV.ADJDURNM ENT
Council members agreed that due to the Christmas Holiday the December meeting should be moved to
December 14,2015.
Motion To adjourn.Action Adjourn, Moved W Kelly Turner, Seconded W Liz Carrington.
Motion passed Unanimously
The meeting was adjourned at 7:19 p.m.
APPROVED: ATTEST
Brian bhnson, Mayor Leslie Calloway,City Secretary
Page 7of7
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 16, 2015
Agenda Item No: INCIDENTAL ITEMS (CONSENT) - B.
I. Subject:
Consider approval of an Interlocal Agreement with Tarrant County, Texas for the reconstruction of Village
Street
II. Originated by:
III. Summary:
The adopted budget included the reconstruction of Village Creek. Funding for the reconstruction will come
from a Tarrant County Interlocal agreement and EOG. This item has been placed on the agenda
requesting approval of the interlocal agreement with Tarrant County.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
1. Tarrant County Interlocal Agreement JILA_Tarrant'County.pdf
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
THE STATE OF TEXAS
INTERLOCAL AGREEMENT
COUNTY OF TARRANT
This Interlocal Agreement is between Tarrant County, Texas ("COUNTY"), and the City of
Kennedale("CITY").
WHEREAS, the CITY is requesting the COUNTY's assistance in the reconstruction of
Village Street at a width of 24 feet and a length of approximately 760 feet (the"Project").
WHEREAS, the Interlocal Cooperation Act contained in Chapter 791 of the Texas
Government Code provides legal authority for the parties to enter into this Agreement; and
WHEREAS, during the performance of the governmental functions and the payment for
the performance of those governmental functions under this Agreement, the parties will make the
performance and payment from current revenues legally available to that party; and
WHEREAS, the Commissioners Court of the COUNTY and the City Council of the CITY
each make the following findings:
a. This Agreement serves the common interests of both parties;
b. This Agreement will benefit the public;
C. The division of costs fairly compensates both parties to this Agreement; and
d. The CITY and the COUNTY have authorized their representative to sign this
Agreement.
NOW, THEREFORE, the COUNTY and the CITY agree as follows:
TERMS AND CONDITIONS
1. COUNTY RESPONSIBILITY
The COUNTY will furnish the labor and equipment to assist the CITY in completing the Project.
The reconstruction will consist of the following:
1.1 Stabilize and compact sub-grade at a depth of ten (10) inches;
1.2 Apply asphalt emulsion prime coat;
1.3 Place and compact four(4) inches of Type B Hot Mix Asphalt Concrete; and
1.4 Place and compact three (3) inches of Type D Hot Mix Asphalt Concrete.
2. CITY RESPONSIBILITY
2.1 CITY will furnish all materials for the Project and pay trucking charges.
2.2 CITY will furnish a site for dumping waste in close proximity to job site for
materials generated during this Project.
2.3 CITY will furnish all rights of way, plan specifications and engineering drawings.
2.4 CITY will furnish necessary traffic controls including Type A barricades to redirect
traffic flow to alternate lanes during the construction phase of the Project; and
2.5 CITY will provide temporary driving lane markings.
2.6 If a Storm Water Pollution Prevention Plan is required, the CITY will be
responsible for the design and development of the Plan. CITY will pay for all cost
1
(including subcontractor materials, labor and equipment) associated with the
implementation and maintenance of the Plan.
2.7 CITY will ensure that the Project is cleared of obstructions which could damage
COUNTY equipment during construction.
2.8 CITY will verify the location of all utility locations, mark those locations and then
remove the utilities that will interfere with the progress of the Project.
2.9 CITY will provide any soil lab testing needed for the Project.
3. PROCEDURES DURING PROJECT
COUNTY retains the right to inspect and reject all materials provided for this Project.
If the CITY has a complaint regarding the construction of the Project, the CITY must complain in
writing to the COUNTY no later than 30 days of the date of Project completion. Upon expiration
of 30 days after Project completion, the CITY will be solely responsible for maintenance and
repairs of Village Street.
4. NO WAIVER OF IMMUNITY
This Agreement does not waive COUNTY rights under a legal theory of sovereign immunity. This
Agreement does not waive CITY rights under a legal theory of sovereign immunity.
5. OPTIONAL SERVICES
5.1 If the CITY requests application of permanent striping by the COUNTY, a
separate interlocal agreement must be entered into by the parties.
5.2 If necessary, the CITY will furnish flag persons.
5.3 If required, the CITY will pay for engineering services, storm water run-off plans,
and continuation of services and plan.
6. TIME PERIOD FOR COMPLETION
The CITY will give the COUNTY notice to proceed at the appropriate time. However, the
COUNTY is under no duty to commence construction at any particular time.
7. THIRD PARTY
The parties do not enter into this Agreement to protect any specific third party. The intent of this
Agreement excludes the idea of a suit by a third party beneficiary. The parties to this Agreement
do not consent to the waiver of sovereign immunity under Texas law to the extent any party may
have immunity under Texas law.
8. JOINT VENTURE &AGENCY
The relationship between the parties to this Agreement does not create a partnership or joint
venture between the parties. This Agreement does not appoint any party as agent for the other
party.
9. EFFECTIVE DATE
This Agreement becomes effective when signed by the last party whose signing makes the
Agreement fully executed.
2
10. TERMINATION OF AGREEMENT
This Agreement will automatically terminate upon completion of the Project or September 30,
2016, whichever date occurs first. This Agreement may be renewed prior to its expiration upon
the mutual consent of the parties in writing.
TARRANT COUNTY, TEXAS CITY OF KENNEDALE
COUNTY JUDGE Authorized City Official
Date: Date:
COMMISSIONER, PRECINCT 2
Andy Nguyen
Attest: Attest:
APPROVED AS TO FORM* APPROVED AS TO FORM AND LEGALITY
Criminal District Attorney's Office* City Attorney
* By law, the Criminal District Attorney's Office
may only approve contracts for its clients. We
reviewed this document as to form from our
client's legal perspective. Other parties may not
rely on this approval. Instead those parties
should seek contract review from independent
counsel.
3
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 16, 2015
Agenda Item No: INCIDENTAL ITEMS (CONSENT) - C.
I. Subject:
Consider authorizing the Mayor to sign an Interlocal Agreement with the Fort Worth Transportation
Authority for Administrative Cost Funding for Section 5310 Program
II. Originated by:
III. Summary:
This is an annual agreement with the Fort Worth Transportation Authority that allows for FTA paratransit
services in Kennedale. This agreement covers the service period of January 1, 2016 through December
31, 2016.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. Fort Worth Transportation Authority Interlocal Agreement JILA- FWTA Section 5310.doc
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
T Contract No.
City Secretary Contract No.
I NTERLOCAL AGREEM ENT
FOR ADM I NI STRATI VE COSTS FUNDI NG FOR
SECTION 5310 PROGRAM
BETWEEN
THE FORT WORTH TRANSPORTATION AUTHORITY
AND
THE CITY OF KENNEDALE, TEXAS
The Fort Worth Transportation Authority ("T") and the City of Kennedale, Texas
("City") are both local governmental entities as that term is used in Chapter 791, I nterl oval
Cooperation Contracts, V.T.C.A., Government Code. They shall sometimes be referred to
collectively as the"Part ies".
WHEREAS, the City of Kennedale desires to provide door-to-door paratransit services
for elderly and personswith disabilitieswithin Tarrant County and does not have a transportation
service nor is a member of a transportation authority; and
WHEREAS, the Fort Worth Transportation Authority is a federal grantee of the Federal
Transit Administration and the Federal Transit Administration provides funding to States under
Section 5310 of Title 49 of the United States Code, and the goal of the Section 5310 program is
to provide transportation for elderly and disabled persons residing in cities that do not have
publ is transportation avai Iable to them; and
WHEREAS, the Texas Department of Transportation (TxDOT) asked the T to develop
and implement a Section 5310 program (TCTS) for otherwise under served communities in
Tarrant County; and
WHEREAS, the Fort Worth Transportation Authority has been awarded the grant for
this area and the City of Kennedale is contributing $1,288.00 towards the administrative costs of
the Section 5310 service(TCTS); and
WHEREAS, the monies will support a portion of administrative costs for the
transportation servi ces to the descri bed peopl es duri ng a 12 month peri od;
I nterlocal Jarrant County Transportation Services Section 5310 program—City of Kennedale and The —Page 1
The parties pursuant to City of Kennedale action and Fort Worth Transportation
Authority action agrees as follows:
1. This program is called Tarrant County Transportation Services (TCTS). This
transportation is provided for a variety of purposes such as medical appointments,
shoppi ng or recreation.
2. Each party represents to the other that the delegated costs of the project under the
Agreement, as wel I as any payments made by it pursuant to this Agreement, wi I I be made
from current revenues and/or specified grant funds. Further, each Party warrants and
represents to the other party that each Party has been authorized by it respective
governing body to do so. Each party further represents and warrants to the other Party
that any renewal of, deletion, or change to this Agreement will be in writing and
authorized by its respective governing body.
3. The Fort Worth Transportation Authority will administer transportation services to the
citizens of the City of Kennedale under the program known as Tarrant County
Transportation Services from January 1, 2016 through December 31, 2016.
4. The Fort Worth Transportation Authority will administer demand responsive
transportation services for the seniors and persons with disabilities of Kennedale
according to the federal requirements of the Section 5310 grant and according to the
relevant State of Texas statutes.
5. The City of Kennedale will pay the authorized amount to the Fort Worth Transportation
Authority within 30 days of receipt of invoice.
6. Fort Worth Transportation Authority will provide access upon request to the Section
5310 records to the City of Kennedale.
7. Parties will comply with all applicable State of Texas and federal statutes and regulations
as required by their status as a federal grantee and transit authority of the State of Texas,
and federal grantee and munici pal ity of the State of Texas, respectively.
8. The term of thi s agreement wi I I begi n January 1, 2016 and end December 31, 2016.
9. The City of Kennedale will be considered a participating community and the qualifying
residents of Kennedale wi I I be entitled to ride TCTS for a one-way tri p fare of $2.50.
I nterl oval-Tarrant County Transportation Services Section 5310 program—City of Kennedale and The T—Page 2
CITY OF KENNEDALE, TEXAS FORT WORTH
TRANSPORTATION AUTHORITY:
By: By:
Mayor Paul J Ballard
Presi dent & CEO
ATTEST:
APPROVED AS TO FORM:
City Attorney
City of Kennedale, Texas
I nterlocal Jarrant County Transportation Services Section 5310 program—City of Kennedale and The —Page 3
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 16, 2015
Agenda Item No: REQUIRED APPROVAL ITEMS -A.
I. Subject:
Consider the casting of votes for the Board of Directors for the Tarrant Appraisal District
II. Originated by:
III. Summary:
Taxing entities elect members to the Tarrant Appraisal District Board of Directors every two years. Votes
are allocated by the total amount of tax funds collected. 5000 votes are available county wide. Kennedale
has 7 votes. Eight individuals have been nominated for five positions on the board. Council will need to
determine the candidate for whom the seven votes should be cast.
Letter and voting form attached
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
1. Tarrant Appraisal District Election JTDD Attachment. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
Jeff Law
Executive Director
Tarrant Appraisal District Chief Appraiser
October 27, 2015
Mr. Brian Johnson
Mayor
City of Kennedale
405 Municipal Drive
Kennedale, Texas 76060
Dear Mr. Johnson:
The terms of service for the five (5) elected Directors of the Tarrant Appraisal
District expire December 31, 2015. The deadline for nominations has passed. Enclosed
is a list of nominees for these five(5)positions and an official ballot.
The Property Tax Code requires that votes be in an open meeting by resolution.
All votes may be cast for one candidate or distributed among any number of candidates
listed on the official ballot. There is NO provision for write in candidates. Votes cast for
someone other than the candidates listed on the ballot cannot be counted.
The deadline for voting is December 15, 2015. You may mail the ballot
resolution, fax to (817) 595-6198 or email to mmccoy @tad.org. The five (5) candidates
receiving the most votes are elected to a two (2)year term beginning January 1, 2016.
All tax units will be notified of the results of the election before December 31,
2015.
Sincerely,
J Law
Executive Director
Chief Appraiser
JL:mm
Encl.
Tarrant Appraisal DlsMct
ELECTION OF MEMBERS TO THE BOARD OF DIRECTORS
We, the governing body of City of Kennedale having been advised by the Chief Appraiser of Tarrant Appraisal
District that we are entitled to cast 7 votes collectively or separately for the following nominees for the Board
of Tarrant Appraisal District:
Mr. Johnny Bennett
Ms. Karina Davis
Mr. John Eubanks Mr. Eubanks has notified TAD that he withdraws his name from
consideration for reelection to TAD's Board of Directors.
Mr. Don Funderlic
Mr. John Marshall Mr. Marshall has notified TAD that he withdraws his name from
consideration for election to TAD'S Board of Directors.
Mr. John Mol neaux
Mr. Terry Moore
Mr. Michael O'Donnell
Mr. Joe Potthoff
Mr. Mark Wood
do hereby resolve and order that City of Kennedale cast and does hereby cast its votes as follows:
VOTES
FOR
Mr. Johnny Bennett
Mr. Karina Davis
Mr. John Eubanks Mr. Eubanks has notified TAD that he withdraws his name
from consideration for reelection to TAD's Board of
Directors.
Mr. Don Funderlic
Mr. John Marshall Mr. Marshall has notified TAD that he withdraws his name
from consideration for election to TAD's Board of Directors.
Mr. John Mol neaux
Mr. Terry Moore
Mr. Michael O'Donnell
Mr. Joe Potthoff
Mr. Mark Wood
Passed this day of , 2015
Presiding Officer
ATTEST
Secretary or Clerk, City of Kennedale
IMPORTANT: This ballot should be returned by December 15, 2015 to Jeff Law, Chief Appraiser, Tarrant
Appraisal District, 2500 Handley-Ederville Rd., Fort Worth, Texas, 76118
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 16, 2015
Agenda Item No: DECISION ITEMS-A.
I. Subject:
City Council to consider making appointments to the TownCenter Development District, the Tax
Increment Reinvestment Zone
II. Originated by:
City Council, City Council
III. Summary:
Current members with expiring terms:
TownCenter Development District(TDD):
Robert Mundy to Place 1
Brian Johnson to Place 3
Frank Fernandez to Place 5
Tax Increment Reinvestment Zone (TIRZ):
Robert Mundy (Chair)to Place 1
Pat Turner(Vice Chair) to Place 3
Jeni McGarry to Place 5
Mark McClendon to Place 7
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. ttendance Records [ATTENDANCE RECORDS. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
ATTENDANCE RECORDS
TOWNCENTER DEVELOPMENT DISTRICT
October 28, 2014
Robert Mundy Present
Brian Johnson Present
Frank Fernandez Present
Kelly Turner Present
Mark Yeary Present
October 27, 2015
Robert Mundy Present
Brian Johnson Present
Frank Fernandez Absent
Kelly Turner Absent
Mark Yeary Present
TAX INCREMENT REINVESTMENT ZONE ONE
June 18, 2014
Robert Mundy Present
Frank Fernandez Present
Rebecca Mowell Present
Pat Turner Present
Mark McLendon Absent
Scott Rule Absent
Jeni McGarry Absent
June 15, 2015
Robert Mundy Present
Frank Fernandez Present
Rebecca Mowell Present
Pat Turner Present
Mark McLendon Present
Scott Rule Present
Jeni McGarry Present
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 16, 2015
Agenda Item No: DECISION ITEMS- B.
I. Subject:
Consider approval of Ordinance 580 authorizing a No Parking Zone in the 1300 block of Kennedale
Parkway.
II. Originated by:
Tommy Williams, Police Chief
III. Summary:
Since the opening of the QT and the two neighboring restaurants, we have experienced problems with
traffic issues in that portion of the parkway. We have had a number of accidents related to site distance
limitations on Kennedale Parkway as the businesses sit at the crest of a hill. Adding to this issue is the
fact that often large trucks are parked on the emergency shoulder of the parkway while the drivers use
the businesses to eat. This further reduces drivers abilities to see to the south as they try to maneuver out
of or into the parking lots in that area. The police department is requesting a no parking zone on both
sides of the road extending to the bottom of the hill in order to enhance driver safety for the area.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. Ordinance 580 JOrdinance 580.doc
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
ORDINANCE NO. 580
AN ORDINANCE AMENDING CHAPTER 22- TRAFFIC AND MOTOR
VEHI CLES OF THE CODE OF ORDINANCES OF THE CITY OF KENNEDALE
TEXAS BY ADDING A NEW SECTION 22-48 — NO PARKING ZONE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING
FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale Texas is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code, and
WHEREAS, the City has previously enacted ordinances now codified in Chapter
22 of the Kennedale Code of Ordinances and regulating the movement of traffic and
motor vehi cl es, and
WHEREAS, the City Council has determined that it is in the best interest of the
citizens to amend theexisting ordinanceto regulateparking on Kennedale Parkway, and
WHEREAS, the City Council has determined that this amendment to the City
Code of Ordinances will advance the health, safety, and general welfare of the citizens of
the City of Kennedale.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS.
SECTION 1.
ARTICLE III. STOPPING, STANDING AND PARKING.
Sec. 22—48 No Parking Zones
(1) No person shal I stand or park any vehi cl e upon or al ong:
(a) The west side of the 1300 block of West Kennedale Parkway, from the south
curb line of the 1-20 Access Road, ending at a point 990 feet south of that
boundary at the Oak Crest Drive intersection.
(b) The east side of the 1300 block of West Kennedale Parkway, from the south
curb I i ne of the 1-20 Access Road, endi ng at a poi nt 1,350 feet south of that
boundary at the Gilman Road intersection.
SECTION 2.
This ordinance shall be cumulative of all provisions of the City of Kennedale Texas
except wherethe provisionsof this ordinance are in direct conflict with the provisionsof
other ordinances in which event the conflicting provisions of the other ordinances are
hereby repealed.
SECTION 3.
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 a phrase, clause,
sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the
valid judgment or decree of a court of competent jurisdiction, such unconstitutionality
shall not affect 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 the unconstitutional phrase clause sentence paragraph
or section.
SECTION 4.
All rights and remedies of the City of Kennedale are expressly saved as to any and all
violations of the provisions of Chapter 3 of the Code of Ordinances of the City of
Kennedale Texas or any other ordinances regulating animals which 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 5.
Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance
shall be f i ned not more than Two Thousand Dollars$2,000.00 for each offense. Each day
that aviolation is permitted to exist shall constitute a separate offense.
SECTION 6.
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 two 2 days as authorized by Section 50123 of the
Local Government Code.
SECTION 7.
This ordinance shall be in full force and effect from and after its passage and publication
as required by law and it i s so ordained.
PASSED AND APPROVED THI S 16th DAY OF NOVEM BER, 2015.
ATTEST: APPROVED:
L esl i e Gal I oway, Ci ty Secretary Mayor, Brian Johnson
APPROVED AS TO LEGALITY AND FORM :
City Attorney, Wayne Olson
ic
KENNEDALE
Planning and Zoning Commission
www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS
Date: November 16, 2015
Agenda Item No: DECISION ITEMS - C.
I. Subject:
CASE # PZ 15-11 Public hearing and consideration approval of Ordinance 581 regarding a request by
Summit Custom Homes for a zoning change for 2.07 acres from "AG" Agricultural zoning district to
"R1" Single family residential zoning district at 1033 — 1041 Swiney Hiett Rd and 1149 Swiney Hiett,
legal description of Oliver Acres block 1 lot 5 and %2 of lot 4 and lot 6D, Kennedale, recently replatted
as Oliver Acres block 1 lots 4R1, 5R1, & 5R2, Tarrant County, Texas.
1. Staff presentation
2. Applicant presentation
3. Public hearing
4. Applicant response
5. Staff response and summary
6. Action by the City Council
II. Originated by:
Rachel Roberts, City Planner
III. Summary:
Request: rezoning from "AG" to "R-1"
Location: north side of Swiney Hiett
Applicant: Summit Custom Homes
Surrounding uses: single-family residential: Beacon Hill and Falcon Wood are across Swiney Hiett,
The Vineyard is directly behind one of the properties, and the larger lot single family homes on Collett
Sublett are also nearby.
Planning &Zoning Commission recommendation: approve
Staff Recommendation:
approve
Background and Overview.
These properties are part of the Oliver Acres addition, originally dedicated in 1940. The properties are
zoned "AG," which requires a minimum of 1 acre for development. The area is primarily single family
residential.
Summit Custom Homes applied for a minor plat, which staff mistakenly approved, believing the area to
be zoned R-1 single family (other properties on Swiney Hiett where Summit has been building are
zoned R-1). On the recommendation of city staff, Summit Homes has requested the properties in
question be rezoned from their current zoning of"AG" Agricultural to "R-1" Single Family Residential.
Surrounding properties are zoned agricultural and single family residential (R-1, R-3, and The
Vineyard PD).
Development Standards for AG and R-1 Districts.
A summary comparison of the development standards for each district is as follows: minimum lot area
under AG zoning is 1 acre, whereas R-1 lots are required to be at least 1/2 an acre. A change in
zoning would increase the potential number of lots from 4 to 8. Minimum lot width is smaller in AG
districts than in R-1 districts, but minimum lot depth is the same in the two districts. Front and side
setback minimums are the same in AG and R-1, but required rear setbacks are smaller in R-1 than in
AG districts. The minimum living area for homes and the masonry requirements are the same in both
districts.
Staff Review.
Compliance with the comprehensive land use plan.
The comprehensive land use plan identifies this area as Neighborhood and Neighborhood Corridor
(the immediate frontage along Swiney Hiett is Neighborhood Corridor, while the bulk of the acreage is
Neighborhood; see attached illustration). The Neighborhood district is intended to be residential in
character; a full description of the character district is included with this report. R-1 zoning is in
compliance with the character district description (or as close as any of our residential zoning districts
can come to it).
The Neighborhood Corridor district is intended to provide commercial uses along particular roadways
within the city. While this area may transition to including some commercial uses in the future, the
kinds of commercial uses intended for the Corridor districts will need to develop over time as density
increases in the area. At this time, a Neighborhood use is the most suitable development pattern for
area.
Staff considers the requested zoning to be in compliance with the comprehensive land use plan.
Compliance with the strategic plan.
The strategic plan's recommendations are not applicable to this rezoning request.
Compliance with City Council priorities.
The Council has two priorities related to this rezoning request: (1) Enhance the Business Climate --
Increasing resident population was noted as part of enhancing the business climate; and (2) Balance
the Tax Burden -- Creating higher density housing was identified as one way to balance the tax
burden. The proposed rezoning increases potential density (reducing minimum lot size from 1 acre to
Y2 acre) and increases potential number of new residents while also maintaining the neighborhood
character of the area.
Staff Recommendation.
The requested rezoning is in compliance with the comprehensive plan and Council priorities and does
not conflict with the strategic plan. Staff recommends approval.
Recommendation from the Planning &Zoning Commission.
The Planning&Zoning Commission considered this case during its regular meeting in October.After holding a public hearing,the
Commission voted to recommend approval. No one spoke at the public hearing.
Action by the City Council.
City code sets forth the Council's options in rezoning cases. You may approve, deny, or postpone
consideration of the request/ ordinance. If you postpone consideration, you must state when you will
consider the case again.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
Approve
VIII. Alternative Actions:
IX. Attachments:
1. Ordinance 581 Ordinance 581. df
2. Neighborhood character district Neighborhood Character District (excerpt from
description comprehensive Ian). df
3. Future Land Use Plan Kennedale Future Land Use 11x17 3-28-12. df
PZ 15-11 map of site IPZ 15-11 aerial (compressed) site of rezoning re uest. df
ORDINANCE 581
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED;
REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY
OF KENNEDALE FROM "AG" AGRICULTURAL DISTRICT TO "R-1" SINGLE
FAMILY RESIDENTIAL 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, Summit Custom Homes, which has a proprietary interest in said property
being an approximately 2.07 acre tract in the J M Lilly Survey A-980, more particularly described
as Oliver Acres Addition Block 1 Lot 5 and the east half of Lot 4 and Block 1 Lot 6D, Tarrant
County, Texas, has filed an application to rezone the property from its present classification
of"AG" Agricultural Zoning District to a "R-1" Single Family Residential Zoning District; and
WHEREAS, the City Council has determined that single family residential zoning is the
most appropriate zoning district to facilitate the development of the property; and
WHEREAS, the requested zoning of "R-1" Single Family Residential Zoning District is in
compliance with the comprehensive land use plan for the City of Kennedale; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the
City of Kennedale on the 15th day of October 2015 and by the City Council of the City of
Kennedale on the 16th day of November 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
1
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
classification and the uses in the hereinafter described area shall be changed and or restricted
as shown and described below:
An approximately 2.07 acre tract in the J. M. Lilly Survey A-980, more particularly
described as Oliver Acres Addition Block 1 Lot 5 and the east half of Lot 4,
Tarrant County, Texas as conveyed through a warranty deed filed with Tarrant
County, Texas on June 11, 2010, instrument number D210140023, and a portion
of Oliver Acres Block 1 Lot 6, Tarrant County, Texas, as conveyed through a
warranty deed filed with Tarrant County, Texas on May 13, 2015, instrument
number D215099944 ("the Property"), as more particularly described on
Exhibit "A" attached hereto and incorporated herein, from of "AG" Agricultural
Zoning District to a "R-1" Single Family Residential Zoning 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 4.
The City Secretary is hereby directed to amend the official zoning map to reflect the
changes in classifications approved herein.
SECTION 5.
The use of the properties hereinabove described shall be subject to all the applicable
regulations contained in the Comprehensive Zoning Ordinance and all other applicable and
pertinent ordinances of the City of Kennedale, Texas.
2
SECTION 6.
This Ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Kennedale, Texas (1991), as amended, including but not limited to all
Ordinances of the City of Kennedale affecting zoning and land use, and shall not repeal any of
the provisions of such ordinances except in those instances where provisions of such
ordinances are in direct conflict with the provisions of this ordinance.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists enforcement of any of the provisions of this ordinance shall be fined
not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights or remedies of the City of Kennedale Texas are expressly saved as to any and
all violations of any ordinances governing zoning or of any amendments thereto that have
accrued at the time of the effective date of this Ordinance and as to such accrued violations
and all pending litigation both civil and criminal same shall not be affected by this Ordinance but
may be prosecuted until final disposition by the Courts.
SECTION 9.
It is hereby declared to be the intention of the City Council that the phrases
clauses sentences paragraphs and sections of this ordinance are severable and if any phrase
clause sentence paragraph or section of this ordinance shall be declared unconstitutional by
the valid judgment or decree of any court of competent jurisdiction such unconstitutionality
shall not affect any of the remaining phrases clauses sentences paragraphs and sections of
this ordinance since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase clause sentence paragraph
or section.
SECTION 10.
The City Secretary of the City of Kennedale is hereby directed to publish the
caption, Section 1, the penalty clause, the publication clause, and the effective date 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 11.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law and it is so ordained.
3
PASSED AND APPROVED ON THIS 16th DAY OF NOVEMBER 2015.
ATTEST: APPROVED:
City Secretary, Leslie Galloway Mayor Brian Johnson
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne K. Olson
4
Page 5 of 6
EXHIBIT A
0~ of Lot 6,Book 1,ONwer Awes,a eubd Maon now In the CUy of Kemedak Tarrant
among b the Plat recorded in Vdmw IM Pages 566 end 687.Deed Pteeoorde,
T bdv mole gwtt uMV dembo asbtowe;
at an I the Southeeet flamer of seld Let 8.Bock t;Oliver Ames.aid iron b9 g In
the W the and In do NoM Nne of MW HIM Rand;
W 10 a Kwth lins of Swhny HIM Road,the Sculhlhe of Lot 6,10 an trop rnd
for
THENCE mdu East,126.0 feet to an iron rod for owner;
THENCE EPA he South the of aetd tract doamrt&d in Nokm 6625.Peps 322,Deed
Reooide.Tammt T an br axrw In the West Nne of Ocdstt SUbkd Road do
being the Ernst the
THENCE Souh 00 dogma m 126 fast along the Writ Im of Cavan Su6bft Read.the
East bm of Lot G.Block 1, and ocnI CAI eves of Land,more or less.
NOTE: THE COMPANY DOES NOT REPRESENT THAT THE
ACREAGE OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT.
r Page 1 of 9
G LPH79-67910000397 JT Alamo
OT CE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
Y AY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
I O ATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
ERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
R_5qC L SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
General Warranty Deed
ALL CASH
e Bar of Texas fDTM[2006)reproduced by word processor)
Date: April 0
Grantor: Karl it el it or in hi capacity as Independent Executor of the Estate of Mabel
Beam Killgore, De as d- E s illgore; Francis Laverne Killgore Heath; Howard Cecil
Killgore; Clyde Nol Kill or ; er Don Killgore; and Karl Mitchell Killgore, Individually
Grantor's Mailing Add s .
c/o Karl Mitchell Kill or
432 Arwine Drive
Hurst, Texas 76053
Grantee: John R. Crouch and wife, Sharon 1. uch
Grantee's Mailing Address:
1702 Queensborough Drive
Arlington, TX 76015
Consideration: Ten and No/100------------Dollars d of o a d valuable consideration.
Property (including any improvements):
Being the East one-half(1/2) of Lot 4, and all of Lot ck f IVER ACRES, an
Addition to the City of Kennedale, Tarrant County, Te as, cc in o the plat thereof
recorded in Volume 1383, Page 586 and 587, Plat Recor arra n , Texas.
Reservations from Conveyance:
Notwithstanding anything contained in this deed to the con a ant r hereby
reserves for Grantor and Grantor's heirs, successors and assigns forev , al and
other minerals in and under and that may be produced from the Prope th in al
estate is subject to existin g production or an existing leas e, t his rese ry ati n ' lames he
production, the lease, and all benefits from it.
i
KENNEDALE COMPREHENSIVE PLAN
Neighborhood Village
i� These villages serve the surrounding neighborhood and community. They are
smaller and less intense than Urban Villages. Uses should include a dense mix
of residences and businesses. Neighborhood Villages should be very easily
accessible by foot from the surrounding neighborhoods. Intensity of each
Neighborhood Village will vary based on the surrounding context.
Sample Development Types:
• Town home/Rowhouse • Restaurant
• Context-sensitive small-scale • Cafe/coffee shop
multifamily • Community theater
Hirp'Ert Massy lm, s • Neighborhood-serving retail
w :k and services
Neighborhoods
This district is primarily residential in nature. Neighborhoods should have
-� defined boundaries, a clear center, and be easily accessible to day-to-day goods
and services, such as those provided at Neighborhood Villages. The center of a
neighborhood should be a civic, public, or community use in which people can
come together—such as a park, school, or neighborhood amenity center.
Sample Development Types:
• Single family • Context-sensitive small-scale
TheKlboda-r� Tel • Attached single-family multifamily
• Town home/Rowhouse • Clearly marked centers that
include public gathering
• Accessory dwelling unit space, school, small park, or
• Cluster development other civic use
Conservation Overlay
This area is intended to preserve the rural and cultural landscape of Kennedale
and serve as a buffer between adjacent communities. This will provide a
greenbelt gateway into Kennedale and help the city retain a geographic identity
distinct from surrounding areas.
Sample Development Types:
Mang nBryFam}Alle7, Teas
• Conservation subdivision
• Agriculture
• Open space preservation
5-8 CHAPTER 5-FUTURE LAND USE PLAN
KENNEDALE
"r,,— COMPREHENSIVE
PLAN UPDATE
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287
FUTURE LAND
USE PLAN
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Down Center
t. 3
1287 Downtown Villaqe GOO
Urban Village
Urban Corridor mom
Neighborhood Village
mti i Neighborhood Corridor
/ Neighborhoods
Dmplogment Center O
/ Uight Industrial District mom
f ark&Open Space
Conservation Overlag
Potential Commuter frain or
oEN Park&We 5tation
5choole
A comprehensive plan shall not
i constitute zoning regulations or
establish zoning district boundaries.
Feet
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8,2012
/ flR�oN KENNEDALE
You're Here,Your Home
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KENNEDALE
Planning and Zoning Commission
www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS
Date: November 16, 2015
Agenda Item No: DECISION ITEMS - D.
I. Subject:
CASE # PZ 15-09 to receive comments and consider approval of Ordinance 582 amending Chapter
17, Article VI, "Zoning", of the code of ordinances of the City of Kennedale, Texas, as amended, by
establishing new zoning districts, "Neighborhood Village overlay district" and "Urban Village overlay
district," and regulations for same, including regulations on permitted uses, building design, site
design, landscaping, and signs.
1. Staff presentation
2. Public hearing
3. Staff response and summary
4. Action by the City Council
II. Originated by:
Rachel Roberts, City Planner
III. Summary:
Request:adopt regulations for mixed-uses districts identified as Neighborhood Village and Urban Village in the future land use plan
Recommendation from the Planning&Zoning Commission:approve
Recommendation from city staff: approve
NOTE:This ordinance does not change the zoning of any property.
Background.
The Planning &Zoning Commission has been discussing the overlay ordinances for the Neighborhood
Village and Urban Village character districts for a number of months (character districts are areas
identified in the comprehensive land use plan as having a particular character, with each district
having characteristics that distinguish it from the other districts). The ordinance under consideration is
the result of those discussions. The proposed ordinance does not adopt all of the regulations the
Commission had originally considered, since it is not intended to be the final ordinance to regulate the
properties within these character districts. Instead, the ordinance would put standards in place for
these character districts until the full zoning code update is completed. The ordinance will likely be
revised when the full code update is done.
The Village character districts are intended to provide walkable, mixed-use districts at different scales.
The Neighborhood Village district, meant to serve neighborhoods, would be smaller in size, have lower
building heights, and will provide space for residents to have goods and services provided in a family-
accessible environment. It is envisioned that many visitors to the Neighborhood Village will walk or
bike from surrounding neighborhoods, although some visitors will drive, and parking will need to be
provided for those visitors.
The Urban Village will be large in scale, have higher building heights, and serve a wider segment of
the community, rather than just adjacent neighborhoods. It is envisioned that some people will walk to
the Urban Village, but many visitors will drive there and then walk to the various destinations within the
district.
Additional Information.
• The ordinance places a lot of emphasis on making development more friendly for pedestrians
while also recognizing the auto-oriented nature of many of Kennedale's neighborhoods and the
need for adequate parking. The ordinance also requires a build-to zone, rather than a
traditional minimum setback regulation. A setback regulation will require a building to be set
back a certain distance from the right-of-way but does not typically control where the building is
placed on the property beyond the setback line. A build-to zone, on the other hand, establishes
a zone within which the front facade of a building must be located. This kind of minimum and
maximum setback can be very important in establishing a welcoming environment for
pedestrians and is suitable for a mixed-use district.
• The ordinance was drafted based on much discussion with the Commission and on comments
from one of our consultants. It will establish new overlay districts but does not change the
zoning on any property. The city or property owners would next have to rezone properties in
order for the overlay districts to be in effect.
• Please note that the Commission's earlier work on the Village character districts included
language requiring a mix of uses for new development in these areas. This component was
accidentally omitted from the version the Commission recommended for approval and has
been added to the version the Council is considering.
• Several of the images are still being edited. The images you see in the ordinance may be
changed before the ordinance is codified.
Action by the Planning &Zoning Commission
The Planning &Zoning Commission considered this ordinance during its meeting in October after
holding a public hearing. No one from the public spoke or registered an opinion at the hearing. The
Commission recommended approval on the condition that several changes be made. These changes
have been made and are part of the document Council is considering for adoption.
Action by the City Council.
After holding a public hearing, the Council may approve, deny, or postpone consideration of the
ordinance.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
Approve
VIII. Alternative Actions:
IX. Attachments:
1. Ordinance 582 draft Ordinance 582. df
ORDINANCE NO. 582
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
SECTION 17-420 "OVERLAY DISTRICTS" BY ADDING A
NEIGHBORHOOD CENTER OVERLAY DISTRICT AND AN URBAN
VILLAGE OVERLAY DISTRICT; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS
HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has
adopted a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential or other
purposes, for the purpose of promoting the public health, safety, morals and general
welfare, all in accordance with a comprehensive plan; and
WHEREAS, 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
Neighborhood Village and Urban Village character districts described in the
comprehensive land use plan; and
WHEREAS, the Planning and Zoning Commission of the City of Kennedale, Texas held
a public hearing on October 15, 2015, and the City Council of the City of Kennedale,
Texas held a public hearing on November 16, 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
Article VI of the Kennedale City Code.
1
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, THAT:
SECTION 1.
Article VI, "Zoning", of Chapter 17, "Planning and Land Development", of the Code of
Ordinances of the City of Kennedale is hereby amended by adding a new section,
Section 17-420.1, "Neighborhood Center Overlay District" to read as follows:
(a) Location of overlay district. The standards contained in this section, in addition to
any other applicable regulations, shall govern the development of land and
structures in areas identified in the comprehensive land use plan identified as
Neighborhood Village.
(b) Purpose and character. The purpose of the Neighborhood Center overlay district is
to provide a dense and diverse mix of residences and businesses that serve
adjacent and nearby neighborhoods at a neighborhood scale. Neighborhood
Center districts should be very easily accessible by foot from the surrounding
neighborhoods. Intensity of each district should vary based on the surrounding
context, but each district may include a blend of attached and detached buildings,
with shallow or no setbacks and buildings oriented toward the street. The uses and
character should have less intensity than the Urban Village overlay district. Fitting
the character of surrounding neighborhoods, a Neighborhood Center overlay
district should have one- to two-story buildings, although some portion of the
district could include three-story buildings if designed appropriately. Frontages
may include stoops, porches, storefronts, and arcaded walkways.
(c) Applicability in event of conflict. This section is to be superimposed in addition to
the regulations applicable to any approved underlying (or base) district. The
existence or use of any building or land in an overlay district shall be subject to the
time limitations and amortization provisions set forth in this section and in sections
17-428 and 17-430. To the extent of any conflict between this section and any
other provision in any city ordinance, this ordinance shall prevail.
(d) Permitted underlying (or base) district. Prior to the use of any land or building in the
overlay district, a permitted underlying (or base) zoning district shall be approved in
accordance with section 17-429 of the Kennedale City Code in addition to the
overlay district. Permitted underlying zoning districts in the Neighborhood Center
overlay district are "AG" Agricultural, "R-1" Single Family Residential, "R-2" Single
Family Residential, "R-3" Single Family Residential, "C-0" Retail Commercial, "C-1"
Restricted Commercial, and "C-2" General Commercial.
2
(e) Mix of uses required.
(1) Regardless of the underlying base district, a mix of residential and commercial
uses is required for any new development permitted within a Neighborhood
Center overlay district. The mix of uses may within the same building or on the
same lot, or within the same block if the block is developed as one
development. Although a development may include primarily either residential
or commercial, a minimum of fifteen (15) percent of the gross floor area of any
new development shall be used for the secondary use type, as shown in the
table below.
MIXED USE REQUIREMENTS (COMMERCIAL & RESIDENTIAL)
MINIMUM REQUIRED MAXIMUM PERCENTAGE
TYPE OF USE 2 PERCENTAGE OF LAND OF PERMITTED LAND
USE PER USE TYPE USE PER USE TYPE
Residential —any of the
following or any
combination of the 15 85
following residential use
types
Residential uses shall be single family attached / townhome or a combination any
of the following residential use types. If a combination of residential types is
used, the minimum and maximum percentages for the single family attached use
still applies.
Multi-family 0 25
Single family
attached, 15 75
townhome/condo
Single family 0 25
detached
Live/work 0 25
Non-residential 15 85
It is not required that each permitted residential use type be included in the
development mix.
2 Residential uses may be single family attached, townhome/condo, single family
detached, or multi-family, or any combination thereof. Non-residential uses may be
office, retail, restaurant, services, or any combination thereof, as permitted by this
ordinance. Live/work units are also permitted as a maximum of 25% of the gross floor
3
area of a development.
(2) For new residential development on lots of record smaller than two (2) acres in
size, a development will be considered mixed use under the following conditions:
a. if the new development is adjacent to an existing commercial development
that complies with this ordinance; and
b. if the new development and existing development have both pedestrian and
vehicular connections that allow access between the residential and the
commercial development without entering a public street; and
c. the existing commercial development and the new residential development
have complementary site designs so that both the residential and commercial
components appear to be part of the same development.
d. Site plans for residential-only development shall be permitted only with
approval from the zoning administrator upon a recommendation from the
director of development and the building official.
(f) Definitions. For purposes of this section, certain terms herein are defined as
follows:
Frontage shall have the meaning established in Section 17-310 of the Kennedale
City Code.
Frontage street means the street from which a primary building's front setback is
measured. This is usually also the street on which a building is addressed. A
frontage street may be a primary or secondary street.
Live/work or Live/work unit means a use that provides space for a commercial
use on the ground floor and provides residences on the upper floor(s) in the
same structure, or to the side or in back of the office/retail component, provided
that the residential and non-residential spaces are attached and have internal
access. The same tenant shall occupy both the non-residential and residential
space in a live/work structure, no portion of the live/work unit may be rented or
sold separately. Live/work units are designed for multiple uses and should be
designed to include adequate soundproofing and safety measures between
residential and non-residential uses. The primary use of a live/work unit is non-
residential, and live/work units shall not be designed or built with the residential
use as the primary use. Residential use shall be prohibited on the ground floor,
and residential use is prohibited when the non-residential use is not occupied.
Outside storage is prohibited for live/work units except as otherwise permitted by
city code for residential uses.
4
Primary building shall have the meaning established in Section 17-310 of the
Kennedale City Code.
Primary entrance means the main point of access into a building. If the main
point of access for employees is different than the main point of access for
visitors, the primary entrance shall be the main point of access for patrons or
other pedestrians into a building.
Primary street means a street and its frontage designed to higher standards for
pedestrian-oriented design and access, ensuring that the relationship between
buildings, the pedestrian realm, and the street enforces the desired character for
the district. These streets shall have few, if any, gaps in the "street wall" and limit
the frontage of off-street parking and service functions. For purposes of this
section, Kennedale Sublett Rd, Little School Rd, New Hope Rd, and Dick Price
Rd are considered primary streets. These streets are typically located on the
perimeter of a Neighborhood Village; new streets on the interior of a
Neighborhood Village may also be designated as primary streets. The streets
identified here as primary streets can instead be classified as secondary streets
under the following conditions.
a. No new development under this code, which would create a street wall
along a primary perimeter street, has already occurred or been permitted; and
b. Streets interior to a development will be built and classified as primary
streets in terms of this code; and
C. New primary structures built on property having access to the new interior
primary street will be oriented to the new street and will be subject to the
regulations for primary structures along primary streets.
Screening wall shall be defined as a solid fence or wall as described under
Screening (device) under Section 17-431, "Definitions," of Kennedale city code.
Permitted mat eriai
(rnawury) -
M iururu 3 ft
in height
■
Illustration of a screening wall for a parking lot.
5
Screening wall break means a gap provided in a screening wall to allow passage
of pedestrians, bicyclists, and other non-vehicle traffic.
Break in screening wall
for pedestrian path
Illustration of break in screening wall.
(g) Building placement and height regulations.
Setbacks for the Neighborhood Center overlay district shall be as set forth in the
following table. Setbacks shall conform to a "build-to" zone established through
minimum and maximum setbacks. The "build-to zone" shall be the area from the
"build-to line" (the minimum setback line) and the maximum setback. At least eighty
(80) percent of the front fagade of a building shall be located within the front build-to
zone.
Conforming residential uses in existence or permitted for construction on or before
the date this ordinance is adopted shall be considered conforming in terms of
setbacks after this ordinance is adopted as long as the structure remains in use as a
residence and as the primary use on the property.
Front (in feet) Side (in feet) Rear (in feet)
Minimum Maximum Minimum Maximum Minimum Maximum
Per
Residential 10 25 10 15 underlying n/a
base
district
20, or as
specified Per
Residential 20 35 by Public n/a underlying n/a
corner lot Works base
design district
manual
6
Non-residential 10 25 3 81 n/a 1 10 1,2 202
As 30, unless
specified otherwise
Non- specified
residential 10 35 3 by Public by Public 10 �°2 20 2
corner lot Works Works
design
manual 1,2 design
manual 2
Additional requirements:
(a) No structures are permitted within the 100-year floodplain.
(b) Accessory structures shall have a minimum front setback of ten feet (10') from the rear
elevation of the primary structure. Side and rear setbacks shall be the same as for primary
structures.
(c) When a new building is intended to house a mix of residential and commercial uses, the
setbacks shall follow the requirements for the non-residential use.
A thirty-five (35) foot minimum side and rear setback is required from adjacent properties
with existing residential use not located within the Neighborhood Center overlay district. The
setback is required on any property line abutting an existing residential use not located
within the overlay district, where the use was in existence prior to adoption of this district.
2 Additional setbacks may be required to accommodate fire lanes, easements, or other
requirements. The minimum and maximum setback requirements shall not supersede other
safety or public health requirements of the Kennedale City Code that may require larger
side or rear setbacks.
3 The zoning administrator is authorized to permit an additional five (5) feet, as needed and
if requested in writing by the developer, in order to accommodate outdoor seating or dining
areas.
Building Height
Minimum height Maximum height
As specified in building code for 1- 2* (stories)
story buildings 35 (feet)
* A height of 3 stories (50 feet) may be permitted
through a conditional use permit, provided,
however, that no 3-story building may be built
adjacent to a lot with a residential structure existing
prior to the date this code is adopted.
(h) Lot size and lot coverage.
Lot Size
7
Minimum Maximum
Residential 5,000 15,000
Non-residential 10,000 35,000
Maximum Lot Coverage
For lots less than 8,000 square feet: no maximum except
the amount required to meet landscaping, parking, and
Residential other site requirements
Maximum 80% lot coverage for lots between 8,000 and
15,000 square feet
Non-residential No maximum except the amount required to meet
landscaping, parking, and other site requirements
(i) Parking regulations.
(1) All off-street parking created after the date this ordinance is adopted shall be
located behind the main structure or to the side of the main structure. No off-
street parking shall be permitted in front of the primary structure unless
located within the public right-of-way (on-street parking). Parking located in
the right-of-way shall not be permitted when it obstructs the flow of traffic on
the street or creates a traffic hazard or is otherwise prohibited by city
regulations. Parking in the right-of-way shall not count toward the required
minimum off-street parking amount unless approved by the City as part of a
site plan.
(2) Parking to the side of a primary structure.
a. Non-residential uses. If off-street parking is constructed to the side of the
primary structure, no more than forty-five (45) feet of the lot frontage (lot
width) shall be used for off-street parking for non-residential uses, or the
minimum width required for one row of standard parking (as required by
the Public Works Design Manual) and the minimum width fire lane/drive
aisle to meet fire code, whichever is greater. No part of the side parking
area shall be within the required front setback.
i. The Zoning Administrator is authorized to permit up to an additional ten
(10) feet of the lot frontage to be used for off-street parking when
requested, in writing, to permit construction of parking for irregular-
8
shaped parcels where the shape of the parcel prohibits the
construction of sufficient parking behind the main structure to meet the
minimum parking requirements. However, the Zoning Administrator
shall not permit additional lot width to be used for parking if the addition
would result in more than fifty (50) percent of the lot width to be used
for parking.
ii. For parking located entirely behind the primary structure, there is no
limit on the amount of lot width that may be used for parking.
Alley or secondary street
. . . . . . . -
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Parking permitted behind the primary structure
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Primary
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structure
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(b)
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Required front setback
Primary street
(a) 45 ft maximum allowed width for parking row and aisle
(b) Side parking shall be set back at least 5 ft behind front facade of the primary structure
(c) Side parking is not permitted within the minimum front setback(between the build-to
line and the right-of-way)
b. Residential uses. Off-street parking requirements shall be in accordance
with the parking schedule found in section 17-421 and 17-424 hereof
where not otherwise controlled by this section.
9
i. Parking to the side of the primary structure is permitted for multi-family
residential uses only. If off-street parking is constructed to the side of
the primary structure, no more than forty (40%) of the frontage of the
lot shall be used for off-street parking.
ii. For single family (attached and detached) and townhome or condo
uses, parking spaces for at least two (2) motor vehicles shall be
provided in an enclosed garage for any dwelling constructed after the
date of adoption of this section.
iii. A front entry garage is prohibited unless the vehicle entryway is
screened from view from the front public right-of-way by the dwelling or
other structure or is located at least eight (80) feet from the front
property line and located entirely behind the primary structure. For the
purposes of this section, a porte-cochere shall constitute sufficient
screening of a front entry garage provided the vehicle entryway of the
garage is located no less than eighty (80) feet from the front property
line.
iv. Regardless of the orientation of the garage required by this section,
any gate or door to a porte-cochere must be of wrought iron
construction and must not screen more than twenty-five (25) percent of
its entryway.
V. A J-swing garage or side-entry garage is not permitted unless located
entirely behind the rear elevation of the primary structure.
(3) Number of parking spaces.
a. Minimum. For each permissible use in a Neighborhood Center overlay
district, all off-street parking shall be regulated in accordance with the
table below.
Use Type Minimum Number of Spaces Required
Non-residential
Retail or medical / dental office 1 per 250 square feet of gross building area
Restaurant 1 space per 125 square feet of gross building area
Office (except medical or dental) 1 per 300 square feet of gross building area
Residential
10
2 off-street spaces per unit OR 1 off-street space and
Single family (attached or detached, 1 on-street space per unit (on-street parking must be
townhome/condo)
provided within 100 feet of the primary structure)
Multi family 1.5 per unit
1.25 per unit of residential and
Live/work 1 per 250 square feet of non-residential building area
(gross)
For each single-family (attached or detached) or live-work structure, an enclosed garage behind
the primary structure shall be provided to accommodate at least the minimum required off-street
parking spaces. Off-street parking for multi-family uses may be a mix of covered and uncovered
parking, but all such parking shall be located behind the residential structures and screened
according to the requirements of this code for parking and auto-oriented uses.
b. Parking provided above the minimum requirements. All parking provided
in excess of the minimum required by city code shall be located behind the
primary structure.
c. Lot area for off-street parking. The area used for off-street parking may not
exceed fifty (50) percent of the total lot area. Travel lanes serving the
parking lot will count as part of the lot area used for parking spaces; travel
lanes functioning primarily as drive lanes to reach the rear of the lot rather
than as parking lanes (such as drive lanes along parking to the side of the
structure), however, will not count toward the lot area used for parking
spaces.
(4) Where off-street parking areas for non-residential uses are located adjacent
to a property with a residential primary use in existence before this overlay
district was adopted, the off-street parking areas shall be screened in
accordance with Sec. 17-425, except that breaks in the screening structure
shall be provided, as needed, to accommodate pedestrian and cyclist
connections across properties (if such connections are provided). Screening
shall be maintained in good condition at all times. A break in the screening
wall wide enough to accommodate both pedestrians and cyclists will be
permitted but shall be restricted from automobile access.
(5) Shared parking. Shared parking is permitted if a shared parking agreement
has been signed and notarized by all users/parties who intend to share
parking. The shared parking plan will be subject to review and approval of the
Administrator, and the parking agreement must be filed with the Tarrant
11
County Clerk. A copy of the filing document from the County Clerk shall be
submitted to the City before a certificate of occupancy will be issued to any
use requesting shared parking. A reduction of up to twenty percent (20%) of
the required parking may be permitted. Parking may be shared by different
uses on a shared or adjacent site, but the parking facility must be located
within six hundred (600) feet of the primary entrance to the primary structure
for each use. The Administrator is not required to approve a reduction in the
required number of parking spaces.
(6) Bicycle parking. Bicycle parking shall be provided for every non-residential
use.
a. Parking amount. Bicycle parking shall be provided at a minimum amount
of five (5) percent of the number of spaces provided for car parking. If
fewer than one (1) space would be provided under this percentage, a
minimum of one (1) bicycle parking space is required.
b. Design of bicycle parking spaces. For each required bicycle parking space,
a stationary object shall be provided to which a user can secure a bicycle
with at least two points of contact with a 6-foot cable and lock. The
stationary object shall be either a freestanding bicycle rack or a wall-
mounted bracket. Freestanding bicycle racks shall be inverted "U," post
and ring, or some other form of bicycle rack providing at least two points of
contact. Grid/fence-type racks and wave/ribbon-type bicycle racks are
prohibited. Objects for securing bicycles must be dedicated for that
purpose and may not be primarily for any other purpose (e.g., signage,
traffic safety).
c. Location of bicycle parking. The bicycle rack shall be located within 60 feet
of the main pedestrian entrance of the building it serves and may be
located between the street curb and the building (within the sidewalk area),
subject to the approval of the Director of Development. Each bicycle
parking area shall be separated from motor vehicle parking and
maneuvering areas by a barrier, post, or bollard or by at least five (5) feet
of open space.
d. Shared bicycle parking. Up to two (2) bicycle parking spaces may be
shared by different uses on a shared or adjacent site, but the parking
facility must be located within a hundred (100) feet of the primary entry for
the primary structure for each use.
(j) Blank wall limitation.
(1) Blank walls longer than forty (40) feet are prohibited for all uses (residential
and non-residential).
12
(2) For purposes of this district, "blank wall" means any building wall that is a
portion of a building wall or fagade without a window or door or similar
architectural feature and is over four (4) feet in height from ground level and
longer than forty (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.
(k) Glazing requirements.
(1) For any primary structure, a minimum of twenty percent (20%) and a
maximum of sixty percent (60%) of the primary fagade shall have glazing. At
least one other fagade shall have a minimum of ten percent (10%) glazing on
all floors.
(2) For non-residential uses, ground floor glazing on the primary facade shall
have a maximum sill height of four (4) feet.
(1) Building orientation and disposition. 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 fagades, 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).
(1) Drive-through lanes or other auto-oriented site elements, where permitted
under Section 17-421 of the Kennedale City Code, shall not be located with
frontage along any primary street. Auto-oriented site elements shall be
hidden behind a three (3) high street screen along all other frontages (see
illustration below). The street screen shall be made up of (i) a living screen or
(ii) a combination living and primary building material screen (see Section 17-
425 of the Kennedale City Code and sub-section (n) of this ordinance for
details).
(2) Access to drive-throughs from a primary street. Drive-throughs accessed from
primary streets is prohibited in the Neighborhood Center overlay district. If
access to a secondary street is not available at the time a lot of record is
developed, then a drive-through may be accessed from a primary street on a
temporary basis until one of the following is made available:
a. access to a secondary street by means of a cross-access easement
across the rear or side of the property and an adjacent property with
access to a secondary street; or
b. a rear shared driveway that provides access to a secondary street; or
13
c. access to a secondary street by means of a rear access alley connecting
the property to an adjacent property or properties with access to a
secondary street.
Site design must allow for a transition to rear access for drive-throughs,
including but not limited to dedication of cross-access easements prior to
development.
(3) No more than 70% of a lot's frontage along a non-primary street may be
dedicated to drive-through lanes, canopies, service bays, and other auto-
related site elements. There shall be no such limitation along alleys and
internal block frontages.
(4) All off-street loading, unloading, and trash pick-up areas shall be located
internal to the site, along alleys, or along non-primary streets only. If a site
has no frontage on a non-primary street or alley access, off-street loading,
unloading, and trash pick-up areas may be permitted along the side of a
building or along a primary street.
(5) All off-street loading, unloading, or trash pick-up areas along any street
frontage shall be screened as required by this section. Any use permitted with
a conditional use permit shall be required to be screened as required by this
section.
-- --------------------------,
I s
Loading zone
s i J or other
-a I p aut o-oriented I Co
-. - site element
O o - > II _0
J I VI I o
, U
I I �
Pedestrian
Street Entrance Lobby,Office or ,
Screen Storefront I
I I
--
-——- -- ------- —Olk- —J
Sidewalk
Primary Street
Illustration: Image illustrating the appropriate design of auto-related site
elements (e.g., loading zones, bank drive-throughs)
14
- — Property Line
Street Screen
Vehicular
Drive Thru Menu Board _ Entrance
I b
V
C^ r
�r P r
m
Drive Thru Lane ———
Drive Through
Retail/Restaurant
v
u3
- - - -
-L - - — - — — - — — - J
Entrance
Primary Street
Illustration of the appropriate design of retail/restaurant drive-throughs (Corner Lot)
rniriary auee4
e,destr
#ran
I I Sidew 1k
l Drive Through
Outd(Tor cafe RetaillRestaurant
� jeatingl
emporary I I
oss ay ess I I
Toss access I I Drive Thru
•asement is built I I Menu Board 9
I ° I
I P P I
I � I
I I
�——+-Cross Access Vehiculg;T—Fyat on �-
-—�) Easement - — —
Prnrnarty I ina
Illustration of the appropriate design of retail/restaurant drive-throughs (Interior Lot)
15
(m) Outside storage regulations. All outside storage, when permitted by the regulations
of both the underlying zoning district and the overlay district, shall be regulated in
accordance with section 4-226 of the City Code and any other applicable codes
and regulations.
(n) Screening regulations.
(1) Screening for single family residential uses. Screening shall be in accordance
with Sec. 17-425.
(2) Screening for all other uses. Screening shall be in accordance with Sec. 17-
425 except where otherwise regulated below.
a. Screening of garbage, refuse, and trash collection/storage areas.
i. Garbage, refuse and trash collection/storage areas shall be screened
by a masonry enclosure on three (3) sides. Screening walls and fences
shall not be greater than eight (8) feet in height. Materials being stored
shall be stored at least one (1) foot below the screening provided.
ii. The fourth side shall be screened by a gate. The gate shall be made of
wrought iron or architectural metal.
iii. The masonry used must be of the same material as the primary
building.
iv. Trash collection/storage areas or dumpsters shall be located behind
the primary structure but shall not be placed within thirty-five (35) feet
of a residential use existing prior to the construction of a building
intended for commercial use.
b. Screening of parking lots.
i. Screening for parking lots shall be at least three (3) feet in height.
ii. If requirements for maintaining a sight triangle do not permit a
minimum of three (3) feet, screening must be the maximum height
allowed by the sight triangle.
iii. Permitted materials for screening shall be masonry, a combination of
masonry and wrought iron, or a combination of masonry and
vegetation.
iv. If vegetation is used, no more than fifty (50) percent of the screening
shall be made of vegetation. Vegetation must be evergreen and
maintained in good condition at all time.
(o) Reserved.
16
(p) Sign regulations. The sign regulations set forth in Chapter 17, Article VII, "Signs,"
of this Code shall apply to all uses located in the Neighborhood Center overlay
districts except where otherwise regulated.
(q) Loading dock regulations for new construction. For each permissible use in an
overlay district, all off-street parking shall be regulated in accordance with the
regulations of section 17-424 of the Kennedale City Code.
(r) Sidewalks. Notwithstanding the requirements of Sec. 17-243, sidewalks within this
district shall be a minimum of six feet (6') in width. Where sidewalks are located
next to the curb along a parkway or boulevard (as designated in the Future
Transportation Plan), the minimum sidewalk width shall be eight feet (8'). Site
plans must demonstrate how the conflict between sidewalk traffic and drive
approach traffic will be minimized with the least impact to pedestrians.
(s) Landscaping. Landscaping shall be in accordance with Chapter 17, Article VIII
Landscape Standards of the Kennedale City Code except where otherwise
required below.
(1) Requirements for single family residential districts shall apply to single family
residential (attached or detached), except that no part of any required front
yard for single family residential uses shall be paved, drip irrigation is required
for all landscaping, and artificial turf shall be prohibited.
(2) All other uses shall comply with the requirements in Chapter 17, Article VIII,
Landscape Standards of the Kennedale City Code, except the Zoning
Administrator may substitute the requirements in Chapter 17, Article VIII,
Landscape Standards of the Kennedale City Code in lieu of one of the
following - public park, courtyard, or public plaza that have:
a. 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
b. minimum five hundred ( 500) square feet in size or twenty five ( 25)
percent of the total property square feet, whichever is greater, with public
access and visibility from the street.
(3) Street trees.
a. Street trees are required along roadways classified as primary streets.
One (1) street tree is required a minimum of every twenty feet (20') and a
maximum of thirty feet (30'), center to center, on average, but can vary to
accommodate signage, topography, or other site conditions, or if tree
species used need additional spacing. If additional spacing beyond 40' is
17
needed, the spacing shall be requested, in writing, and is subject to
approval by the City.
b. The minimum vertical clearance for tree branches shall be eight feet (8')
above the sidewalk and at least thirteen feet (13') from the top of the curb.
If necessary to preserve safe or convenient passage for pedestrians along
sidewalks, street trees may be planted in curb extensions between on-
street parking bays.
c. No tree shall be planted within twenty feet (20') of an intersection or within
ten feet (10') of a fire hydrant (unless otherwise approved, in writing, by
the fire chief), or within five feet (5) of underground utilities or a driveway
(unless otherwise approved, in writing, by the public works director). It
shall be unlawful for any person, owner, or business to erect or place or
cause to be erected or placed on any property under his possession or
control any hedge, plant, tree, shrub, or other growth or any fence, wall, or
other structure in such a manner or at such location as to constitute an
obstruction to view creating a traffic hazard.
(t) Topography protection.
In addition to any requirements for mass grading in the Kennedale City Code,
applications for a grading permit or request for site grading in a Neighborhood
Center Overlay district shall be subject to the following regulations.
(1) Mass grading operations shall be conducted so as to expose the smallest
practical area of soil.
(2) The proposal shall contain reasonable provisions for the preservation of
natural land and water features, vegetation, drainage and other indigenous
natural features of the site.
(3) The grading shall not create or contribute to flooding, erosion, or increased
turbidity, siltation or other forms of pollution in a watercourse.
(4) The grading shall be undertaken in such a manner as to preserve and
enhance the district's aesthetic character. Vegetative screens or buffer strips
shall be maintained or reestablished in a timely manner with approved
plantings consistent with this Code.
(5) Development shall be initiated or a vegetative screen or buffer established
within twelve months of the date of initiation of mass grading or clearing
activities.
18
(6) Mass grading shall not occur on land greater than ten acres.
(7) Mass grading shall not occur thirty feet beyond the building envelope.
(8) Mass grading activities shall be done in accordance with all applicable federal,
state, and local laws, rules, and regulations, including those pertaining to air
and water pollution.
(u) Prohibited uses. Notwithstanding the underlying zoning district, the following uses
are prohibited within this district, except that any use hereby prohibited within this
district that is already in existence as a legal use at the time this district is adopted
shall be considered a legal use as permitted by and in accordance with Sec. 17-
428.
(1) Auto Inspection Station
(2) Auto Paint & Body Shop
(3) Auto Parts Store
(4) Auto Repair Garage
(5) Auto Sales Lot
(6) Boat Sales
(7) Boat Storage
(8) Building materials establishment with outside storage
(9) Cabinet Shop
(10) Car Wash
(11) Contractor Yard
(12) Farm Implement Sales
(13) Golf Course
(14) Gun Shooting Range
(15) Gunsmith Shop
(16) Heavy Equipment Sales
(17) Large Retail Facility
(18) Lumber Yard
(19) Manufactured Homes Sales Lot
(20) Mini-Warehouse
(21) Movie Theater, drive-in
(22) Nightclub or Dance Hall
(23) Paintball Sports, Survival Games
(24) Parking Lot, Commercial (for a fee)
(25) Pawnshop
(26) Private Club
(27) Recreational Vehicle Sales
19
(28) Restaurant, Drive-In
(29) Service Station
(30) Sexually Oriented Business
(31) Taxidermist
(32) Tool & equipment rental
(33) Trailer sales & rental
(34) Truck rental
(35) Truck repair
(36) Truck sales
(37) Truck wash
(38) Vehicular racing facility
(v) Uses by special exception. When the following uses are permitted within the
underlying zoning district, they are permitted within this district only by special
exception. Any use prohibited within the underlying zoning district is also prohibited
within this district.
(1) Auto Rental (indoor display only; no outside storage or display and no repairs
permitted; all vehicles for rent must be stored inside an enclosed structure
meeting the standards of the overlay district, the underlying zoning district,
and all other applicable codes and regulations)
(2) Bowling Alley
(3) Plant Nursery
(w) Uses by conditional use permit. For any use permitted by this section and by
Section 17-421, a drive-through shall be permitted only with a conditional use
permit.
SECTION 2.
Article VI, "Zoning", of Chapter 17, "Planning and Land Development", of the
Code of Ordinances of the City of Kennedale is hereby amended by adding a new
section, Section 17-420.2, "Urban Village Overlay District" to read as follows:
(a) Location of overlay district. The standards contained in this section, in addition to
any other applicable regulations, shall govern the development of land and
structures in areas identified in the comprehensive land use plan identified as
Urban Village.
(b) Purpose and character. The purpose of the Urban Village overlay districts is to act
as gateways into the "core" of Kennedale and to provide high-intensity nodes of
activity with a dense mix of residences and businesses in a walkable environment.
20
The Urban Village overlay district is similar to the Neighborhood Center overlay
district, yet larger and of a higher intensity. Buildings should be attached, multi-
story structures oriented toward the street with no setback or shallow setbacks.
Similar to the Neighborhood Center districts, frontage types within an Urban Village
overlay district may be stoops, porches, storefronts, and arcaded walkways, but
with building heights typically ranging from three- to five stories. While Urban
Villages should promote pedestrian circulation and access from nearby
neighborhoods and areas, it can be expected that a significant number of visitors
will access the urban village by car. A "park once and walk everywhere" approach
should be taken during the design phase of urban villages to enable convenient
and pleasant walking.
(c) Applicability in event of conflict. This section is to be superimposed in addition to
the regulations applicable to any approved underlying (or base) district. The
existence or use of any building or land in an overlay district shall be subject to the
time limitations and amortization provisions set forth in this section and in sections
17-428 and 17-430. To the extent of any conflict between this section and any
other provision in any city ordinance, the more strict provision shall prevail.
(d) Permitted underlying (or base) district. Prior to the use of any land or building in the
overlay district, a permitted underlying (or base) zoning district shall be approved in
accordance with section 17-429 of the Kennedale City Code in addition to the
overlay district. Permitted underlying zoning districts in the Urban Village Overlay
district are "AG" Agricultural, "R-1" Single Family Residential, "R-2" Single Family
Residential, "R-3" Single Family Residential, "C-0" Retail Commercial, "C-1"
Restricted Commercial, "C-2" General Commercial.
(e) Mix of uses required.
(1) Regardless of the underlying based district, a mix of residential and
commercial uses is required for any new development permitted within an
Urban Village overlay district. The mix of uses may within the same building
or on the same lot, or within the same block if the block is developed as one
development. Although a development may include primarily either residential
or commercial, a minimum of fifteen (15) percent of the gross floor area of
any new development shall be used for the secondary use type, as shown in
the table below.
21
MIXED USE REQUIREMENTS (COMMERCIAL & RESIDENTIAL)
MINIMUM REQUIRED MAXIMUM PERCENTAGE
TYPE OF USE 2 PERCENTAGE OF LAND OF PERMITTED LAND
USE PER USE TYPE ' USE PER USE TYPE
Residential 15 85
Multi-family 0 25
Single family
(attached), 15 85
townhome/condo
Live/work 0 25
Non-residential 15 85
' It is not required that each permitted residential use type be included in the
development mix.
Residential uses may be single family attached, townhome/condo, or multi-family, or
any combination thereof. Non-residential uses may be office, retail, restaurant, services,
or any combination thereof, as permitted by this ordinance. Live/work units are also
permitted as a maximum of 25% of the gross floor area of a development.
(3) For new residential development on lots of record smaller than two (2) acres in
size, a development will be considered mixed use under the following conditions:
a. if the new development is adjacent to an existing commercial development
that complies with this ordinance; and
b. if the new development and existing development have both pedestrian and
vehicular connections that allow access between the residential and the
commercial development without entering a public street; and
c. the existing commercial development and the new residential development
have complementary site designs so that both the residential and commercial
components appear to be part of the same development.
d. Site plans for residential-only development shall be permitted only with
approval from the zoning administrator upon a recommendation from the
director of development and the building official.
(f) Definitions. For purposes of this section, certain terms herein are defined as
follows:
22
Frontage shall have the meaning established in Section 17-310 of the Kennedale
City Code.
Frontage street means the street from which a primary building's front setback is
measured. This is usually also the street on which a building is addressed.
Live/work or Live/work unit means a use that provides space for a commercial
use on the ground floor and provides residences on the upper floor(s) in the
same structure, or to the side or in back of the office/retail component, provided
that the residential and non-residential spaces are attached and have internal
access. The same tenant shall occupy both the non-residential and residential
space in a live/work structure; no portion of the live/work unit may be rented or
sold separately. Live/work units are designed for multiple uses and should be
designed to include adequate soundproofing and safety measures between
residential and non-residential uses. The primary use of a live/work unit is non-
residential, and live/work units shall not be designed or built with the residential
use as the primary use. Residential use shall be prohibited on the ground floor,
and residential use is prohibited when the non-residential use is not occupied.
Outside storage is prohibited for live/work units except as otherwise permitted by
city code for residential uses.
Primary building shall have the meaning established in Section 17-310 of the
Kennedale City Code.
Primary entrance means the main point of access for a building. If the main point
of access for employees is different than the main point of access for visitors, the
primary entrance shall be the main point of access for patrons or other
pedestrians into a building.
Primary street means a street designed to higher standards for pedestrian-
oriented building design and access, ensuring that the relationship between
buildings, the pedestrian realm, and the street enforces the desired character for
the district. These streets shall have few, if any, gaps in the "street wall" and limit
the frontage of off-street parking and service functions. For purposes of this
section, Kennedale Sublett Rd, Little School Rd, New Hope Rd, and Dick Price
Rd are considered primary streets. These streets are typically located on the
perimeter of an Urban Village; new streets on the interior of an Urban Village
may also be designated as primary streets. The streets identified here as primary
streets can instead be classified as secondary streets under the following
conditions.
23
a. No new development under this code, which would create a street wall
along a primary perimeter street, has already occurred or been permitted;
and
b. Streets interior to a development will be built and classified as primary street
in terms of this code; and
C. New primary structures built on property having access to the new interior
primary street will be oriented to the new street and will be subject to the
regulations for primary structures along primary streets.
Screening wall shall be defined as a solid fence or wall as described under
Screening (device) under Section 17-431, "Definitions," of Kennedale city code.
A
Permitted material
............. t -
M. ilnuni 3 R
in height
Illustration of screening wall for a parking lot.
Screening wall break means a gap provided in a screening wall to allow passage
of pedestrians, bicyclists, and other non-vehicle traffic.
Break in screening wall
for pedestrian path
Illustration of break in screening wall.
(g) Building placement and height regulations. Setbacks for the Urban Village Overlay
district shall be as set forth in the following table. Setbacks shall conform to a
"build-to" zone established through minimum and maximum setbacks. The "build-to
zone" shall be the area from the "build-to line" (the minimum setback line) and the
24
maximum setback. At least eighty (80) percent of the front fagade of a building
shall be located within the front build-to zone.
Conforming residential uses in existence or permitted for construction on or before
the date this ordinance is adopted shall be considered conforming in terms of
setbacks after this ordinance is adopted.
Front (in feet) Side (in feet) Rear (in feet)
Minimum Maximum Minimum Maximum Minimum Maximum
Residential 10 15 10 15 151 n/a
10, or as
specified
Residential 10 25 by Public 40 151 n/a
corner lot Works
design
manual
Non-residential 10 15 3 101 n/a 1 10 1,2 202
10, or as 45,
specified unless
Non- by Public otherwise
residential 10 25 3 Works specified 10 1,2 20 1,2
design by Public
corner lot manual 1,2 Works
(whichever design
is greater) manual 2
Additional requirements:
(a) No structures are permitted within the 100-year floodplain.
(b) Accessory structures shall have a minimum front setback of ten feet (10') from the
rear elevation of the primary structure. Side and rear setbacks shall be the same as for
primary structures.
(c) When a new building is intended to house a mix of residential and commercial
uses, the setbacks shall follow the requirements for the non-residential use.
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 overlay district, where the use was in existence prior to adoption of
this district.
2 Additional setback may be required to accommodate fire lanes, easements, or other
site requirements. The minimum and maximum setback requirements shall not
supersede other safety or public health requirements of the Kennedale City Code that
may require larger side or rear setbacks.
25
The zoning administrator is authorized to permit an additional five (5) feet, as needed
and if requested in writing, in order to accommodate outdoor seating or dining areas.
Building Height
Minimum height Maximum height
As specified in building code for 1-story 3* (stories)
buildings 50 (feet)
* A height of 4 stories (65 feet) may be
permitted through a conditional use permit,
provided, however, that no 4-story building
may be built adjacent to a lot with a residential
structure existing prior to the date this code is
adopted.
(h) Lot size and lot coverage.
Lot Size
Minimum Maximum
Residential 5,000 15,000
Non-residential 5,000 40,000
Maximum Lot Coverage
For lots smaller than 8,000 square feet: no maximum
except the amount required to meet landscaping, parking,
Residential and other site requirements
Maximum 80% lot coverage for lots between 8,000 and
15,000 square feet
Non-residential No maximum except the amount required to meet
landscaping, parking, and other site requirements
(i) Parking regulations.
(1) All off-street parking created after the date this ordinance is adopted shall be
located behind the main structure or to the side of the main structure. No off-
26
street parking shall be permitted in front of the primary structure unless
located within the public right-of-way. Parking located in the right-of-way shall
not be permitted when it obstructs the flow of traffic on the street or creates a
traffic hazard or is otherwise prohibited by city regulations. Parking in the
right-of-way shall not count toward the required minimum off-street parking
amount unless approved by the City as part of a site plan
(2) Parking located to the side of a primary structure.
i. Non-residential uses. If off-street parking is constructed to the side of the
primary structure, no more than forty-five (45) feet of the lot frontage (lot
width) shall be used for off-street parking for non-residential uses, or the
minimum width required for one row of standard parking (as required by
the Public Works Design Manual) and the minimum width fire lane/drive
aisle to meet fire code, whichever is greater. No part of the side parking
area shall be within the required front setback.
i. The Zoning Administrator is authorized to permit up to an additional ten
(10) feet of the lot frontage to be used for off-street parking when
requested, in writing, to permit construction of parking for irregular-
shaped parcels where the shape of the parcel prohibits the
construction of sufficient parking behind the main structure to meet the
minimum parking requirements. However, the Zoning Administrator
shall not permit additional lot width to be used for parking if the addition
would result in more than fifty (50) percent of the lot width to be used
for parking.
ii. For parking located entirely behind the primary structure, there is no
limit on the amount of lot width that may be used for parking.
27
L - — - — - — - — - — - — - — - — - — - —Alley or secondary street
. . . . . . . ,
I
I
Parking permitted behind the primary structure
I
I
I
I
" o
n
! 4
o
r
ro
Primary
0
structure s
rb
I
I
I
I
I
I
I
I '
s ft I
Required front setback %j j�, (c)
Primary street
(a) 45 ft maximum allowed width for parking row and aisle
(b) Side parking shall be set back at least 5 ft behind front facade of the primary structure
(c) Side parking is not permitted within the minimum front setback(between the build-to
line and the right-of-way)
b. Residential uses.
Off-street parking requirements shall be in accordance with the parking
schedule found in section 17-421 and 17-424 hereof where not otherwise
controlled by this section.
i. Parking to the side of the primary structure is permitted for multi-family
residential uses only. 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.
ii. For single family (attached) and townhome or condo uses, parking
spaces for at least two (2) motor vehicles shall be provided in an
28
enclosed garage for any dwelling constructed after the date of adoption
of this section.
iii. A front entry garage is prohibited unless the vehicle entryway is
screened from view from the front public right-of-way by the dwelling or
other structure or is located at least eight (80) feet from the front
property line and located entirely behind the primary structure. For the
purposes of this section, a porte-cochere shall constitute sufficient
screening of a front entry garage provided the vehicle entryway of the
garage is located no less than eighty (80) feet from the front property
line.
iv. Regardless of the orientation of the garage required by this section,
any gate or door to a porte-cochere must be of wrought iron
construction and must not screen more than twenty-five (25) percent of
its entryway.
V. Regardless of the orientation of the garage, any garage shall be
located behind rear facade of the primary structure.
(3) Number of parking spaces.
a. Minimum. For each permissible use in an Urban Village overlay district, all
off-street parking shall be regulated in accordance with the table below.
Use Type Minimum Number of Spaces Required
Non-residential
Retail, medical / dental office 1 per 300 square feet of gross building area
Restaurant 1 space per 125 square feet of gross building
area
Office (except medical or dental) 1 per 400 square feet of gross building area
Residential
2 off-street spaces per unit OR 1 off-street space
Single family (attached) and 1 on-street space per unit (on-street parking
must be provided within 200 feet of the primary
structure) '
Multi family 1.5 per unit
1.25 per unit of residential and
Live/work 1 per 300 square feet of non-residential building
area (gross)
29
For each single-family (attached) or live-work structure, an enclosed garage behind the
primary structure shall be provided to accommodate at least the minimum required off-
street parking spaces. Off-street parking for multi-family uses may be a mix of covered and
uncovered parking, but all such parking shall be located behind the residential structures
and screened according to the requirements of this code for parking and auto-oriented
elements.
b. Parking provided above the minimum requirements. All parking provided
in excess of the minimum required by city code shall be located behind the
primary structure.
c. Lot area for off-street parking. The area used for off-street parking may not
exceed fifty (50) percent of the total lot area. Travel lanes serving the
parking lot will count as part of the lot area used for parking spaces; travel
lanes functioning primarily as drive lanes to reach the rear of the lot rather
than as parking lanes (such as drive lanes along parking to the side of the
structure), however, will not count toward the lot area used for parking
spaces.
(4) Where off-street parking areas for non-residential uses are located adjacent
to a property with a residential primary use in existence before this overlay
district was adopted, the off-street parking areas shall be screened in
accordance with Sec. 17-425, except that breaks in the screening structure in
accordance with Section 17-420.1(4) shall be provided, as needed, to
accommodate pedestrian and cyclist connections across properties (if such
connections are provided). Screening shall be maintained in good condition at
all times.
(5) Shared parking. Shared parking is permitted if a shared parking agreement
has been signed and notarized by all users/parties who intend to share
parking. The shared parking plan will be subject to review and approval of the
Administrator, and the parking agreement must be filed with the Tarrant
County Clerk. A copy of the filing document from the County Clerk shall be
submitted to the City before a certificate of occupancy will be issued to any
use requesting shared parking. A reduction of up to twenty percent (20%) of
the required parking may be permitted. Parking may be shared by different
uses on a shared or adjacent site, but the parking facility must be located
within six hundred (600) feet of the primary structure for each use. The
Administrator is not required to approve a reduction in the required number of
parking spaces.
30
(6) Bicycle parking. Bicycle parking shall be provided for every non-residential
use.
a. Parking amount. Bicycle parking shall be provided at a minimum amount
of five (5) percent of the number of spaces provided for car parking. If
fewer than one (1) space would be provided under this percentage, a
minimum of one (1) bicycle parking space is required.
b. Design of bicycle parking spaces. For each required bicycle parking space,
a stationary object shall be provided to which a user can secure a bicycle
with at least two points of contact with a 6-foot cable and lock. The
stationary object shall be either a freestanding bicycle rack or a wall-
mounted bracket. Freestanding bicycle racks shall be inverted "U," post
and ring, or some other form of bicycle rack providing at least two points of
contact. Grid/fence-type racks and wave/ribbon-type bicycle racks are
prohibited. Objects for securing bicycles must be dedicated for that
purpose and may not be primarily for any other purpose (e.g., signage,
traffic safety).
i. Location of bicycle parking. The bicycle rack shall be located within 60
feet of the main entrance of the building it serves, and may be located
between the street curb and the building, subject to the approval of the
Director of Development. Each bicycle parking area shall be separated
from motor vehicle parking and maneuvering areas by a barrier, post,
or bollard or by at least five (5) feet of open space.
ii. Shared bicycle parking. Up to two (2) bicycle parking spaces may be
shared by different uses on a shared or adjacent site, but the parking
facility must be located within a hundred (100) feet of the primary entry
for the primary structure for each use.
(j) Blank wall limitation.
(1) Blank walls longer than forty (40) feet are prohibited for all uses (residential
and non-residential).
(2) For purposes of this district, "blank wall" means any building wall that is a
portion of a building wall or fagade without a window or door or similar
architectural feature and is over four (4) feet in height from ground level and
longer than forty (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.
31
(k) Glazing requirements.
(1) For any primary structure, a minimum of twenty (20) percent and a maximum
of sixty (60) percent of the primary fagade shall have glazing. At least one
other fagade shall have a minimum of twenty (20) percent glazing on all floors.
(2) For non-residential uses, ground floor glazing on the primary facade shall
have a maximum sill height of four (4) feet.
(1) Building orientation and disposition. 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 fagades, 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).
(1) Where permitted under Section 17-421 of the Kennedale City Code, drive-
through lanes, auto service bays, and gas station canopies for commercial
uses shall not be located with frontage along any primary street. Drive-
through lanes, auto service bays, and gas station canopies shall be hidden
behind a three (3) foot high street screen along all other frontages (see
illustration below). The street screen shall be made up of (i) a living screen or
(ii) a combination living and primary building material screen (see Section 17-
425 of the Kennedale City Code and sub-section (n) of this ordinance for
details).
(2) Access to drive-throughs from a primary street. Drive-throughs accessed from
primary streets is prohibited in the Urban Village overlay district. If access to a
secondary street is not available at the time a lot of record is developed, then
a drive-through may be accessed from a primary street on a temporary basis
until one of the following is made available:
a. access to a secondary street by means of a cross-access easement
across the rear of the property and an adjacent property with access to a
secondary street; or
b. a rear shared driveway that provides access to a secondary street, or
c. access to a secondary street by means of a rear access alley connecting
the property to an adjacent property or properties with access to a
secondary street.
Site design must allow for a transition to rear access for drive-throughs,
including but not limited to dedication of cross-access easements prior to
development.
32
(3) No more than seventy (70) percent of a lot's frontage along a non-primary
street may be dedicated to drive-through lanes, canopies, service bays, and
other auto-related site elements. There shall be no such limitation along
alleys and internal block frontages.
(4) All off-street loading, unloading, and trash pick-up areas shall be located
internal to the site, along alleys, or along non-primary streets only. If a site
has no frontage on a non-primary street or alley access, off-street loading,
unloading, and trash pick-up areas may be permitted along the side of a
building or along a primary street.
(5) All off-street loading, unloading, or trash pick-up areas along any street
frontage shall be screened as required by this section. Any use permitted with
a conditional use permit shall be required to be screened as required by this
section.
I J
I
CD
rvice Bays r I 2
a Canopies LL
V) m
I
I ! t�
Pedestrian
Street Entrance Lobby,Office or
Screen Storefront !
I I
-------- --- --- ------ --olk-------
A
Sidewalk
Street with Type'A Frontage
Illustration: Image illustrating the appropriate design of auto-related site
elements
(Gas stations, auto-service uses, and bank drive-throughs)
33
- — Property Line —
I Street Screen
Vehicular
Drive Thru Menu Board _ Entrance
I
I � I
I ' I
Drive Thru Lane ---
I
Drive Through
Retail/Restaurant o
� cs
rn
— — - - — — - — — - — — - J
Sidewalk edest
Entrance
Primary Street
Illustration of the appropriate design of retail/restaurant drive-throughs (Corner Lot)
Primary Street
ran - - - - -
I 10� I
Drive Through
Outu6lor'c6fe Retail/Restaurant '
leating'
Temporary /1 0
driveway until ceoss access i Drive Thru �
easement is�uilt i i Menu Board Z
I ° I
I P P r
I � I
I I
(-- -Gross Access VehicuIPUTr fation
Easement -- ! -- -
Property Line
Illustration of the appropriate design of retail/restaurant drive-throughs (Interior Lot)
34
(m) Outside storage regulations. All outside storage, when permitted by the regulations
of both the underlying zoning district and the overlay district, shall be regulated in
accordance with section 4-226 of the City Code and any other applicable codes
and regulations.
(n) Screening regulations.
(1) Screening for single family residential uses. Screening shall be in accordance
with Sec. 17-425.
(2) Screening for all other uses. Screening shall be in accordance with Sec. 17-
425 except where otherwise regulated below.
a. Screening of garbage, refuse, and trash collection/storage areas.
i. Garbage, refuse and trash collection/storage areas shall be screened
by a masonry enclosure on three (3) sides. Screening walls and fences
shall not be greater than eight (8) feet in height. Materials being stored
shall be stored at least one (1) foot below the screening provided.
ii. The fourth side shall be screened by a gate. The gate shall be made of
wrought iron or architectural metal.
iii. The masonry used must be of the same material as the primary
building.
iv. Trash collection/storage areas or dumpsters shall be located behind
the primary structure but shall not be placed within thirty-five (35) feet
of a residential use existing prior to the construction of a building
intended for commercial use.
b. Screening of parking lots.
i. Screening for parking lots shall be at least three (3) feet in height.
ii. If requirements for maintaining a sight triangle do not permit a
minimum of three (3) feet, screening must be the maximum height
allowed by the sight triangle.
iii. Permitted materials for screening shall be masonry, a combination of
masonry and wrought iron, or a combination of masonry and
vegetation.
iv. If vegetation is used, no more than fifty (50) percent of the screening
shall be made of vegetation. Vegetation must be evergreen and
maintained in good condition at all time.
(o) Reserved.
35
(p) Sign regulations. The sign regulations set forth in chapter 17, article VII, "Signs," of
this Code shall apply to all uses located in the Urban Village Overlay districts
except where otherwise regulated.
(q) Loading dock regulations for new construction. For each permissible use in an
overlay district, all off-street parking shall be regulated in accordance with the
regulations of section 17-424 of the Kennedale City Code.
(r) Sidewalks. Notwithstanding the requirements of Sec. 17-243, sidewalks within this
district shall be a minimum of six feet (6'). Where sidewalks are located next to the
curb along a parkway or boulevard (as shown in the future transportation plan),
minimum sidewalk width shall be eight feet (8'). Site plans must demonstrate how
the conflict between sidewalk traffic and drive approach traffic will be minimized
with the least impact to pedestrians.
(s) Landscaping. Landscaping shall be in accordance with Chapter 17. Article VIII.
Landscape Standards of the Kennedale Code of Ordinances except where
otherwise required below.
(1) Requirements for single family residential districts shall apply to single family
residential (detached), except that no part of any required front yard for single
family residential uses shall be paved, drip irrigation is required for all
landscaping, and artificial turf shall be prohibited.
(2) All other uses shall comply with the requirements in Chapter 17, Article VIII,
Landscape Standards of the Kennedale City Code, except the Zoning
Administrator may substitute the requirements in Chapter 17, Article VIII,
Landscape Standards of the Kennedale City Code in lieu of one of the
following - public park, courtyard, or public plaza that have:
a. 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
b. minimum five hundred ( 500) square feet in size or twenty five ( 25)
percent of the total property square feet, whichever is greater, with public
access and visibility from the street.
(3) Street trees.
a. Street trees are required along roadways classified as primary streets.
One (1) street tree is required a minimum of every twenty feet (20') and a
maximum of thirty feet (30'), center to center, on average, but can vary to
accommodate signage, topography, or other site conditions, or if tree
36
species used need additional spacing. If additional spacing beyond forty
feet (40') is needed, the spacing shall be requested, in writing, and is
subject to approval by the City.
b. The minimum vertical clearance for tree branches shall be eight feet (8')
above the sidewalk and at least thirteen feet (13') from the top of the curb.
If necessary to preserve safe or convenient passage for pedestrians along
sidewalks, street trees may be planted in curb extensions between on-
street parking bays.
c. No tree shall be planted within twenty (20) feet of an intersection or within
ten (10) feet of a fire hydrant (unless otherwise approved, in writing, by the
fire chief), or within five (5) feet of underground utilities or a driveway
(unless otherwise approved, in writing, by the public works director). It
shall be unlawful for any person, owner, or business to erect or place or
cause to be erected or placed on any property under his possession or
control any hedge, plant, tree, shrub, or other growth or any fence, wall, or
other structure in such a manner or at such location as to constitute an
obstruction to view creating a traffic hazard.
(t) Topography protection.
In addition to any requirements for mass grading in the Kennedale City Code,
applications for a grading permit in an Urban Village overlay district shall be
subject to the following regulations.
(1) Mass grading operations shall be conducted so as to expose the smallest
practical area of soil.
(2) The proposal shall contain reasonable provisions for the preservation of
natural land and water features, vegetation, drainage and other indigenous
natural features of the site.
(3) The grading shall not create or contribute to flooding, erosion, or increased
turbidity, siltation or other forms of pollution in a watercourse.
(4) The grading shall be undertaken in such a manner as to preserve and
enhance the district's aesthetic character. Vegetative screens or buffer strips
shall be maintained or reestablished in a timely manner with approved
plantings consistent with this Code.
(5) Development shall be initiated or a vegetative screen or buffer established
within twelve months of the date of initiation of mass grading or clearing
activities.
37
(6) Mass grading shall not occur on land greater than ten acres.
(7) Mass grading shall not occur thirty feet beyond the building envelope.
(8) Mass grading activities shall be done in accordance with all applicable federal,
state, and local laws, rules, and regulations, including those pertaining to air
and water pollution.
(u) Prohibited uses. Notwithstanding the underlying zoning district, the following uses
are prohibited within the Urban Village overlay district, except that any use hereby
prohibited within this district that is already in existence as a legal use at the time
this district is adopted shall be considered a legal use as permitted by and in
accordance with Sec. 17-428.
(1) Auto Inspection Station
(2) Auto Parts Store
(3) Auto Sales Lot
(4) Boat Sales
(5) Boat Storage
(6) Building materials establishment with outside storage
(7) Cabinet Shop
(8) Car Wash
(9) Contractor Yard
(10) Farm Implement Sales
(11) Golf Course
(12) Gun Shooting Range
(13) Gunsmith Shop
(14) Heavy Equipment Sales
(15) Lumber Yard
(16) Manufactured Homes Sales Lot
(17) Mini-Warehouse
(18) Movie Theater, drive-in
(19) Nightclub or Dance Hall
(20) Paintball Sports, Survival Games
(21) Parking Lot, Commercial (for a fee)
(22) Pawnshop
(23) Private Club
(24) Recreational Vehicle Sales
(25) Service Station
(26) Sexually Oriented Business
38
(27) Taxidermist
(28) Tool & equipment rental
(29) Trailer sales & rental
(30) Truck rental
(31) Truck repair
(32) Truck sales
(33) Truck wash
(34) Vehicular racing facility
(u) Uses by special exception. When the following uses are permitted within the
underlying zoning district, they are permitted within this district only by special
exception. Any use prohibited within the underlying zoning district is also prohibited
within this district.
(1) Auto Rental
(2) Auto 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, the
underlying zoning district, and all other applicable codes and regulations)
(3) Bowling Alley
(4) Motorcycle Sales (indoor display only; no outside storage or display and no
repairs permitted; all motorcycles for sale, storage, or display must be stored
inside an enclosed structure meeting the standards of the overlay district, the
underlying zoning district, and all other applicable codes and regulations)
(5) Plant Nursery with outside sales, storage, or display
(v) Uses by conditional use permit. When the following uses are permitted within the
underlying zoning district, they are permitted within this district by conditional use
permit. Any use prohibited within the underlying zoning district is also prohibited
within this district.
(1) Large Retail Facility
(2) Auto Repair
(3) Auto Paint & Body Shop
(4) Restaurant, Drive-In
(5) Any other permitted non-residential use with drive-through.
SECTION 3.
Article VI, "Zoning", of Chapter 17, "Planning and Land Development", of the
Code of Ordinances of the City of Kennedale is hereby amended by renaming Section
17-420, "Overlay Districts" to read as follows:
39
Sec. 17-420. — Business 287 Overlay and Interstate 20/Loop 820 Overlay
districts.
SECTION 4.
This Ordinance shall be cumulative of all provisions of ordinances and of the
Code of Ordinances of the City of Kennedale, Texas (1991), as amended, except when
the provisions of this Ordinance are in direct conflict with the provisions of such
ordinances and such code, in which event the conflicting provisions of such ordinances
and such code are hereby repealed.
SECTION 5.
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 6.
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 7.
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 8.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, Section 1 , the penalty clause,
the publication clause, and the effective date clause of this ordinance as provided by
Section 3.10 of the Charter of the City of Kennedale.
40
SECTION 9.
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 16" DAY OF November 2015.
ATTEST: APPROVE:
City Secretary, Leslie Galloway Mayor, Brian Johnson
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne Olson
41
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 16, 2015
Agenda Item No: DECISION ITEMS- E.
I. Subject:
Direct city staff to initiate a rezoning of Joel Snider Survey A-1448 Tract 1A, an approximately 30-acre
tract at 3925 Kennedale New Hope Rd
II. Originated by:
III. Summary:
The property in question is the site of Cowtown Speedway. The future land use plan calls for this area to
be residential, but the property is currently zoned for commercial use. At the City Council's request, staff
placed this item on the agenda for Council consideration.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
1. Future Land Use Plan showing site IFLUP showing Cowtown Speedway-- reduced size. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
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KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 16, 2015
Agenda Item No: DECISION ITEMS- F.
I. Subject:
Consider approval of Ordinance 583 amending Chapter 19 of the code of ordinances of the City of
Kennedale, Texas, as amended, by amending Article 1-In General, to establish cases for senior citizen
fee exemption
II. Originated by:
III. Summary:
Consider approval of Ordinance 583 amending Chapter 19 of the code of ordinances of the City of
Kennedale, Texas, as amended, by amending Article 1-In General, to establish cases for senior citizen
fee exemption to update to the City's current policy.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII.Alternative Actions:
VIII.Attachments:
1. Ordinance 583 JOrdinance 583. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
ORDINANCE NO. 583
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS,
AMENDING CHAPTER 19 OF THE KENNEDALE CITY CODE OF
ORDINANCES (1991), AS AMENDED, BY AMENDING ARTICLE I. -
IN GENERAL, TO ESTABLISH CASES FOR SENIOR CITIZEN FEE
EXEMPTION; PROVIDING A CUMULATIVE CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PAMPHLET FORM CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS , the City of Kennedale, Texas (City) 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, within the City there exists billing procedures for water service for new homes as
well as new move in's; and
WHEREAS, proper notice has been given and a public hearing has been held regarding the
adoption of this Ordinance, as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THAT:
SECTION 1.
Section 19-26 "Frequency; fees; senior citizen fee exemption":
(c) Exemption. Notwithstanding subsection (b), The senior citizen exemption where seniors
as determined by the city tax roll receive free residential garbage service, but only if a
reasonable amount of garbage is all that is located at such citizens' residences, respectively has
been removed for the exemptions that Kennedale offers. All of the accounts that were placed
under this exemption must re-verify account information and once the owner who receives the
exemption is deceased or no longer the home owner, the credit will be removed from the
account. No new participants will be added to this program.
SECTION 2.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of all existing ordinances and of the
Kennedale City Code (1991), as amended, including but not limited to all ordinances of the City
of Kennedale affecting application for service and payment of deposits, and shall not repeal any
of the provisions of such ordinances except in those instances where provisions of such
ordinances are in direct conflict with the provisions of this ordinance.
SECTION 3.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since
the same would have been enacted by the City Council without the incorporation in this
Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
SAVINGS CLAUSE
All rights and remedies of the City of Kennedale are expressly saved as to any and all violations
of the provisions of the Kennedale City Code (1991), as amended, or any other ordinances
regarding application for service and payment of deposits 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 5.
PAMPHLET FORM CLAUSE
The City Secretary of the City is hereby authorized to publish this Ordinance in book or
pamphlet form for general distribution among the public, and the operative provisions of this
Ordinance as so published shall be admissible in evidence in all courts without further proof
than the production thereof.
SECTION 6.
EFFECTIVE DATE
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 DAY OF , 2015.
CITY OF KENNEDALE:
Mayor, Brian Johnson
ATTEST:
City Secretary, Leslie Galloway
EFFECTIVE DATE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne Olson
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 16, 2015
Agenda Item No: DECISION ITEMS- G.
I. Subject:
Consider approval of Ordinance 584 amending Chapter 23 of the code of ordinances of the City of
Kennedale, Texas, as amended, by amending Article 1-In General, to establish a method for starting
water services and the procedures needed
II. Originated by:
III. Summary:
Consider approval of Ordinance 584 amending Chapter 23 of the code of ordinances of the City of
Kennedale, Texas, as amended, by amending Article 1-In General, to establish a method for starting
water services and the procedures needed to the City's current policy.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
1. Ordinance 584 JOrdinance 584. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
ORDINANCE NO. 584
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS,
AMENDING CHAPTER 23 OF THE KENNEDALE CITY CODE OF
ORDINANCES (1991), AS AMENDED, BY AMENDING ARTICLE I. -
IN GENERAL, TO ESTABLISH A METHOD FOR STARTING
WATER SERVICES AND THE PROCEDURES NEEDED;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PAMPHLET FORM CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS , the City of Kennedale, Texas (City) 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, within the City there exists billing procedures for water service for new homes as
well as new move in's; and
WHEREAS, proper notice has been given and a public hearing has been held regarding the
adoption of this Ordinance, as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THAT:
SECTION 1.
Section 23-4 "Application for service; payment of deposit":
(a) Applications for water service are not required though lease agreements may be.
Properties that have an active account balance that is past the due date by 30 days or more and
is $45.00 or greater or because service is currently shut off due to non-payment and a balance
is still owed require a lease agreement and government issued ID in order to secure service. A
deposit in the amount established by ordinance shall be paid by all customers before water
service is begun, regardless of the size of the meter to be installed; provided, however,
contractors and builders making application for temporary water service at a new construction
site shall at the option of the city either pay the meter deposit for meter installation and be billed
on the basis of actual water used, or have a jumper without meter installed at a monthly charge
established by ordinance. Such temporary service shall stop once a meter set request is
initiated and the meter is completely set, and only be allowed during construction.
(b) This deposit will be an ongoing deposit and will only be used should the payment not
cover the charges against that service connection. Such deposit shall be carried in a special city
fund; and unless applied to water, sewer or garbage bill shall be refunded by the city when
service is terminated.
SECTION 2.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of all existing ordinances and of the
Kennedale City Code (1991), as amended, including but not limited to all ordinances of the City
of Kennedale affecting application for service and payment of deposits, and shall not repeal any
of the provisions of such ordinances except in those instances where provisions of such
ordinances are in direct conflict with the provisions of this ordinance.
SECTION 3.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since
the same would have been enacted by the City Council without the incorporation in this
Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
SAVINGS CLAUSE
All rights and remedies of the City of Kennedale are expressly saved as to any and all violations
of the provisions of the Kennedale City Code (1991), as amended, or any other ordinances
regarding application for service and payment of deposits 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 5.
PAMPHLET FORM CLAUSE
The City Secretary of the City is hereby authorized to publish this Ordinance in book or
pamphlet form for general distribution among the public, and the operative provisions of this
Ordinance as so published shall be admissible in evidence in all courts without further proof
than the production thereof.
SECTION 6.
EFFECTIVE DATE
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 DAY OF , 2015.
CITY OF KENNEDALE:
Mayor, Brian Johnson
ATTEST:
City Secretary, Leslie Galloway
EFFECTIVE DATE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne Olson
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 16, 2015
Agenda Item No: DECISION ITEMS- H.
I. Subject:
Consider approval of Ordinance 585 amending Chapter 23 of the code of ordinances of the City of
Kennedale, Texas, as amended, by amending Article 1-In General, to establish a billing period and
calculate delinquencies
II. Originated by:
III. Summary:
Consider approval of Ordinance 585 amending Chapter 23 of the code of ordinances of the City of
Kennedale, Texas, as amended, by amending Article 1-In General, to establish a billing period and
calculate delinquencies to the City's current policy.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
1. Ordinance 585 JOrdinance 585. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
ORDINANCE NO. 585
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS,
AMENDING CHAPTER 23 OF THE KENNEDALE CITY CODE OF
ORDINANCES (1991), AS AMENDED, BY AMENDING ARTICLE I. -
IN GENERAL, TO ESTABLISH A BILLING PERIOD AND
CALCULATE DELINQUENCIES; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PAMPHLET FORM CLAUSE;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS , the City of Kennedale, Texas (City) 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, within the City there exists billing procedures for water service delinquencies and
billing periods; and
WHEREAS, proper notice has been given and a public hearing has been held regarding the
adoption of this Ordinance, as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THAT:
SECTION 1.
Section 23-5 "Billing; delinquency penalties":
All bills for city utilities rendered by the city shall be paid on the designated due date. If the bill is
not paid by the designated date, the service shall be subject to discontinuance, and the bill shall
contain a notice to this effect. Water and sewer services are indivisible so that nonpayment for
either service will justify discontinuance of both services. No additional notice will be given of
discontinuance of service for failure to timely pay the bill. The customer may request a hearing,
at a time designated not less than five (5) days after the mailing or other personal delivery of the
notice, to show just cause why the service should not be discontinued for failure to pay the bill.
Such hearing shall be conducted at the city hall by the city manager and city water
superintendent or, in the event of necessary absence of either, by the other of the two officials.
If the customer fails to appear for the hearing, or appearing fails to show just cause for the
delay, the service shall thereafter be promptly disconnected until the delinquencies are all paid.
If good cause for delay is shown, the hearing officials may withdraw the discontinuance notice,
or defer discontinuance under conditions deemed fair and just in light of the evidence presented
at such hearing. If such bills are not paid by the designated due date each month, a ten-percent
penalty will be added for late payment.
SECTION 2.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of all existing ordinances and of the
Kennedale City Code (1991), as amended, including but not limited to all ordinances of the City
of Kennedale affecting application for service and payment of deposits, and shall not repeal any
of the provisions of such ordinances except in those instances where provisions of such
ordinances are in direct conflict with the provisions of this ordinance.
SECTION 3.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since
the same would have been enacted by the City Council without the incorporation in this
Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
SAVINGS CLAUSE
All rights and remedies of the City of Kennedale are expressly saved as to any and all violations
of the provisions of the Kennedale City Code (1991), as amended, or any other ordinances
regarding application for service and payment of deposits 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 5.
PAMPHLET FORM CLAUSE
The City Secretary of the City is hereby authorized to publish this Ordinance in book or
pamphlet form for general distribution among the public, and the operative provisions of this
Ordinance as so published shall be admissible in evidence in all courts without further proof
than the production thereof.
SECTION 6.
EFFECTIVE DATE
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 DAY OF , 2015.
CITY OF KENNEDALE:
Mayor, Brian Johnson
ATTEST:
City Secretary, Leslie Galloway
EFFECTIVE DATE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne Olson
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 16, 2015
Agenda Item No: DECISION ITEMS- I.
I. Subject:
Consider approval of Ordinance 586 amending Chapter 23 of the code of ordinances of the City of
Kennedale, Texas, as amended, by amending Article 1-In General, to establish a method for billing
commercial accounts for stormwater
II. Originated by:
III. Summary:
Consider approval of Ordinance 586 amending Chapter 23 of the code of ordinances of the City of
Kennedale, Texas, as amended, by amending Article 1-In General, to establish a method for billing
commercial accounts for stormwater to the City's current policy.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII.Alternative Actions:
VIII.Attachments:
1. Ordinance 586 JOrdinance 586. df
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169
ORDINANCE NO. 586
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS,
AMENDING CHAPTER 23 OF THE KENNEDALE CITY CODE OF
ORDINANCES (1991), AS AMENDED, BY AMENDING ARTICLE I. -
IN GENERAL, TO ESTABLISH A METHOD FOR BILLING
COMMERICAL ACCOUNTS FOR STORMWATER; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PAMPHLET
FORM CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS , the City of Kennedale, Texas (City) 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, within the City there exists billing procedures for commercial accounts and
stormwater fees; and
WHEREAS, proper notice has been given and a public hearing has been held regarding the
adoption of this Ordinance, as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THAT:
SECTION 1.
Section 23-506 "Stormwater (drainage) utility fee, billing policies, and procedures":
(b) Responsible Party
(3) If there is no active customer account for a benefitted property recorded in the City's
utility billing system, the benefitted property is vacant, either on a temporary or permanent basis,
or when a benefitted property is not served by other municipal utility service the Director shall
establish a "Stormwater Only Account" and shall bill the owner of the benefitted property for the
stormwater (drainage) utility fee. The owner of the benefitted property shall be responsible for
payment of fees imposed via a Stormwater Only Account. Commercial accounts will have tenant
and owner accounts at all times in which owners are charged for stormwater only and tenants
receive all other applicable charges such as water, sewer, and rubbish.
SECTION 2.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of all existing ordinances and of the
Kennedale City Code (1991), as amended, including but not limited to all ordinances of the City
of Kennedale affecting application for service and payment of deposits, and shall not repeal any
of the provisions of such ordinances except in those instances where provisions of such
ordinances are in direct conflict with the provisions of this ordinance.
SECTION 3.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since
the same would have been enacted by the City Council without the incorporation in this
Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
SAVINGS CLAUSE
All rights and remedies of the City of Kennedale are expressly saved as to any and all violations
of the provisions of the Kennedale City Code (1991), as amended, or any other ordinances
regarding application for service and payment of deposits 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 5.
PAMPHLET FORM CLAUSE
The City Secretary of the City is hereby authorized to publish this Ordinance in book or
pamphlet form for general distribution among the public, and the operative provisions of this
Ordinance as so published shall be admissible in evidence in all courts without further proof
than the production thereof.
SECTION 6.
EFFECTIVE DATE
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 DAY OF , 2015.
CITY OF KENNEDALE:
Mayor, Brian Johnson
ATTEST:
City Secretary, Leslie Galloway
EFFECTIVE DATE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne Olson
KENNEDALE
You're Here,Your Home
www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council
Date: November 16, 2015
Agenda Item No: EXECUTIVE SESSION -A.
I. Subject:
The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code
to deliberate the purchase, exchange, lease, or value of real property for the following:
1. 5401 High Ridge Road
2. 5400 and 5404 Kennedale Road
3. 6900 Block Kennedale Parkway
4. 300 and 304 New Hope Road
II. Originated by:
Bob Hart
III. Summary:
At this time the City Council will meet in Executive Session.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
None
VII.Alternative Actions:
VIII.Attachments:
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169