O621ORDINANCE NO. 621
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF
THE CITY OF KENNEDALE, TEXAS BY AMENDING ARTICLE 20,
NATURAL RESOURCES MANAGEMENT, SECTION 20.4 NEW
DEVELOPMENTS; BY AMENDING ARTICLE 13 LANSCAPING,
SCREENING, AND LIGHTING, SECTION 13.6 BUFFERING; AND BY
AMENDING ARTICLE 5 VILLAGE DISTRICTS, SECTION 5.3 FORM
AND CHARACTER; 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, the City Council has adopted a Unified Development Code that
regulates 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
that otherwise regulates the development and use of properties within the city limits of
the City of Kennedale; and
WHEREAS, in order to promote the public health, safety and general welfare the
City Council desires to amend the Unified Development Code as provided in this
ordinance; and
WHEREAS, the Planning and Zoning Commission of the City of Kennedale,
Texas held a public hearing on January 19, 2017, and the City Council of the City of
Kennedale, Texas held a public hearing on January 23, 2017, 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 22 of the Unified Development Code, and all other
laws dealing with notice, publication, and procedural requirements for amending the
Unified Development Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, THAT:
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SECTION 1.
Sub - section 13.6.C.3 "Privacy Fence" of Article 13, "Landscaping, Screening,
and Lighting" of the Unified Development Code of the City of Kennedale, Texas, as
amended, is hereby amended to read as follows:
C. Privacy Fence.
1. A privacy fence may be used to supplement landscaping. For the linear
footage a privacy fence is used, the minimum landscaping requirement
shall be reduced by 75 percent, except as noted under sub - section (3),
below. Minimum buffer width must be maintained.
2. To qualify for the reduction in minimum landscaping requirement,
privacy fences must meet the following requirements:
a. Six (6) foot minimum height.
b. Placed at least five (5) feet from the property line.
c. Gaps between pickets must be no greater than one -half (' /z) of an
inch.
3. For development within an "I" Industrial zoning district or within a "C -2"
general commercial zoning district adjacent to a Type 1 zoning district (as
shown in Table 13.6), a solid screening fence is required, and the
minimum landscaping requirement shall be reduced by 50 percent.
a. The fence shall have a minimum height of six (6) feet and a
maximum height of eight (8) feet.
b. The fence shall be of the following materials: wood, exposed
aggregate tilt wall, fired masonry, or other approved masonry
material. Wood screening fences must have metal framing.
c. A person erecting a wood screening fence shall ensure that the
smooth side faces adjoining streets and the posts and rails face the
interior of the lot.
SECTION 2.
Section 5.3.E.1 `Building Form Standards" of Article 5, "Village District," of the
Unified Development Code of the City of Kennedale, Texas, as amended, is amended
to add sub - section d, to read as follows:
d. Materials. A minimum of 80 percent masonry material is required on
facades all facades, with masonry defined as brick, stone, cast stone, or
stucco (3- step). Masonry materials not specifically listed above, such as
cementitious fiber, granite, or glass block, may be used if permitted in
writing by the director of development or designee and will be reviewed by
the City according to quality, durability, and whether it fits the character of
the district.
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Section 20.4.13 "Residential Developments" of Article 20, "Natural Resources
Management' of the Unified Development Code of the City of Kennedale, Texas, as
amended, is hereby amended to read as follows:
B. Residential Developments. All areas within street rights -of -way, utility or
drainage easements as shown on a preliminary plat approved by the
Planning & Zoning Commission shall be exempt from the tree protection
and replacement requirements specified herein. The developer may
request the Administrator to allow trees within potential building pad areas
to be included in the exemption described herein. All other area shall be
subject to these requirements. If trees are removed from exempt areas
based on an approved preliminary plat, and a revised preliminary plat or a
final plat is later approved such that the trees original exempt would no
longer be exempt if still in place, such trees shall be replaced in
accordance with Section 20.8.
SECTION 4.
Section 20.4.0 "Nonresidential Developments" of Article 20, "Natural Resources
Management' of the Unified Development Code of the City of Kennedale, Texas, as
amended, is hereby amended to read as follows:
C. Nonresidential Development. All areas within street rights -of -way and
utility or drainage easements as shown on a preliminary plat approved by
the Planning & Zoning Commission, plus fire lanes, parking areas to meet
minimum parking requirements, and building pad as shown on an
approved site plan, shall be exempt from the tree protection and
replacement requirements specified herein. Any parking areas in excess
of the minimum parking requirements shall not be exempt from the tree
protection and replacement requirements. In addition, trees exempted
from the protection and replacement requirements due to being located in
an exempt area shown on an approved preliminary plat shall be replaced
in accordance with Section 20.8 if they are removed and the areas shown
as exempt on the preliminary plat are no longer exempt as shown on a
revised preliminary plat or a final plat.
SECTION 5.
This Ordinance shall be cumulative of all provisions of ordinances and of the
Unified Development Code of the City of Kennedale, Texas (2016), 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.
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SECTION 6.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clause, or phrase of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction
such unconstitutionality shall not affect any of the remaining sections, paragraphs,
sentences, clause, and phrases of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of any such
unconstitutional section, paragraph, sentence, clause, or phrase.
Any person, firm, or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this
Ordinance shall be fined not more than Two Thousand Dollars ($2,000.00). Each day
that a violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of the provisions of any ordinances governing zoning that have
accrued at the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, 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.
SECTION 10.
This Ordinance shall be in full force and effect from and after the date of its
passage and publication as required by law, and it is so ordained.
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PASSED AND APPROVED ON THIS 23 DAY OF JANUARY, 2017.
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MAYOR, BRIAN JOHNSON
ATTEST:
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CITY SECRETARY, LESLIE GALLOW
EFFECTIVE: r-bb "(.a l/ , 20�
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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