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2017_07.20 PZ Packet ic KENNEDALE Planning and Zoning Commission www.cityofkennedale.com KENNEDALE PLANNING & ZONING COMMISSION AGENDA COMMISSIONERS - REGULAR MEETING July 20, 2017 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION - 6:00 PM REGULAR SESSION - 7:00 PM I. CALL TO ORDER II. ROLL CALL III. WORK SESSION A. Discuss any item on the regular session agenda B. Discuss regulations for shipping containers C. Discuss tree preservation regulations D. Discuss ideas for regulations concerning planned development districts for infill properties E. Discuss code enforcement regulations IV. REGULAR SESSION V. CALL TO ORDER VI. ROLL CALL VII. MINUTES APPROVAL A. Review and consider minutes from the June 15, 2017 Planning &Zoning Commission Regular Meeting VIII. VISITOR/CITIZENS FORUM At this time, any person with business before the Planning and Zoning Commission not scheduled on the Agenda may speak to the Commission, provided that an official `Speaker's Request Form'has been completed and submitted to the Commission Secretary prior to the start of the meeting. All comments must be directed towards the Chair, rather than individual commissioners or staff. All speakers must limit their comments to the subject matter as listed on the `Speaker's Request Form.' No formal action can be taken on these items. IX. REGULAR ITEMS X. REPORTS/ANNOUNCEMENTS XI.ADJOURNMENT In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable accommodations for persons attending City Council meetings. This building is wheelchair accessible, and parking spaces for disabled citizens are available. Requests for sign interpreter services must be made forty-eight(48) hours prior to the meetings. Please contact the City Secretary at 817.985.2104 or(TDD) 1.800.735.2989 CERTIFICATION I certify that a copy of the July 20,2017, Planning and Zoning Commission agenda was posted on the City Hall bulletin board next to the main entrance of the City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place convenient and readily accessible to the general public at all times and said agenda was posted at least 72 hours preceding the schedule time of said meeting,in accordance with Chapter 551 of the Texas Government Code. I�L)4�_�A�) Rachel Roberts, Board Secretary ic KENNEDALE Planning and Zoning Commission www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: July 20, 2017 Agenda Item No: WORK SESSION- A. I. Subject: Discuss any item on the regular session agenda II. Originated by: III. Summary: IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: VIII. Alternative Actions: IX. Attachments: [This page deliberately left blank] )c KENNEDALE Planning and Zoning Commission STAFF REPORT TO THE PLANNING & ZONING COMMISSION www.cityofkennedale.com Date: July 20, 2017 Agenda Item No: WORK SESSION ITEMS (B) I. SUBJECT Discuss regulations related to the use of shipping containers II. SUMMARY BACKGROUND Over the past several meetings, the Planning & Zoning Commission has been discussing possible regulations for shipping containers. The city currently has no regulations in place specifically regarding shipping containers (although we do have regulations for outside storage), and with the growing use of these containers nationwide for storage and occupancy purposes, staff recommends adopting regulations to govern their use. Staff had intended to have an ordinance prepared for public hearing and formal consideration by the Commission this month. Due to the absence of several Commission members at last month's meeting, however, staff has postponed this step for one month. Following this report is the draft ordinance based on previous discussions. After receiving feedback from the Commission on this draft, staff will prepare a final draft of the ordinance for formal consideration next month. ORDINANCE NO. 629 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF KENNEDALE, TEXAS BY AMENDING ARTICLE 11 SPECIFIC USE REQUIREMENTS TO ADD REGULATIONS REGARDING THE USE OF SHIPPING CONTAINERS AND BY AMENDING ARTICLE 32 GENERAL DEFINITIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City 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 August 17, 2017, and the City Council of the City of Kennedale, Texas held a public hearing on August 21, 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, Article 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: SECTION 1. Sub-section 11.2.0 of Section 11.2 "Accessory Buildings" of the Unified Development Code of the City of Kennedale, Texas is hereby amended to read as follows. C. Non-Residential Uses and Districts. The size of accessory buildings is subject to the spatial requirements for accessory buildings for the applicable zoning. 1. Shipping containers used as accessory buildings. Shipping containers may be used as accessory buildings provided the containers meet all spatial requirements for structures within the zoning district, including height limits, maximum lot coverage requirement, and minimum masonry requirements. (a) A shipping container shall meet all building and fire codes for the accessory use before occupancy shall be permitted. (b) Shipping containers are not permitted as primary structures. (c) Shipping containers used to store flammable and/or hazardous materials shall be properly ventilated, and the materials stored in the structure must be properly identified on the container. (d) Shipping containers permitted within the city shall have a maximum height of nine and a half (9.5) feet unless otherwise stated in this Code and a maximum length of fifty-three (53) feet. SECTION 2. Section 11 .25 "Outdoor Storage, Commercial and Industrial (Accessory or Principal)" of the Unified Development Code of the City of Kennedale, Texas, as amended, is hereby amended to add sub-section "I" as follows. 1. Shipping Containers. In addition to the requirements listed above, use of shipping containers is permitted as stated below. 1. Shipping containers may be used on a temporary basis to store supplies and equipment for construction sites with an active construction permit. All shipping containers shall be removed before a final inspection will be authorized, and no occupancy of a shipping container is permitted. 2. Where outdoor storage is permitted in commercial or industrial zoning districts, shipping containers may be used on a permanent basis for storage as stated below. a. Such containers are only permitted as part of permitted land uses that include outdoor storage, such as General Offices & Services — Construction and Building Services. b. Shipping containers must comply with the requirements of this section, including screening and location requirements and shall meet all applicable building code requirements for accessory structures. c. The area of any shipping container used shall be included in the maximum allowed outdoor storage of 33 percent of the lot, as described in sub-section A. d. A permit shall be required for shipping containers to be used on a permanent basis, although one permit may be used for all shipping containers to be stores on a site. For the purposes of this requirement, "permanent" shall mean any shipping container that is not used for a construction project with an active construction permit issued for the site where the shipping container will be located. e. Shipping containers are prohibited within the Commercial Corridor Overlay district. f. No water, waste water, gas, or electrical connection shall be permitted for shipping containers used for storage. g. Storage of flammable or hazardous materials shall be in accordance with fire codes. SECTION 3. Section 32.2 "General Definitions" of the Unified Development Code of the City of Kennedale, Texas is hereby amended to add the following definition. Shipping container. A standardized, all-steel, reusable vessel originally intended for the intermodal shipment of goods, freight, or commodities and designed to be loaded onto a ship or rail car. SECTION 4. This Ordinance shall be cumulative of all provisions of ordinances and of the Unified Development Code of the City of Kennedale, Texas (2016), 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, clauses and sections of this ordinance are severable, and if any section, paragraph, sentence, 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 the development and use of property 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, 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 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 21St DAY OF AUGUST, 2017. APPROVED: MAYOR, BRIAN JOHNSON ATTEST: CITY SECRETARY, LESLIE GALLOWAY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY, WAYNE OLSON [This page deliberately left blank] )c KENNEDALE Planning and Zoning Commission www.cityofkennedale.com STAFF REPORT TO THE PLANNING & ZONING COMMISSION Date: July 20, 2017 Agenda Item No: WORK SESSION ITEMS (C) I. SUBJECT Discuss tree preservation regulations II. SUMMARY BACKGROUND OVERVIEW During the past several meetings, the Planning & Zoning Commission has been discussing possible changes to the tree preservation regulations. Last month, the conclusion of the Commission's discussion was that it is reasonable to exempt building pads from the requirements for tree preservation but not to exempt parking areas. The draft ordinance following this page is based on the Commission's discussions. If the ordinance meets the Commission members' intent, staff will place the ordinance on the Commission's agenda next month for formal consideration and public hearing. 1 ORDINANCE NO. 632 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF KENNEDALE, TEXAS BY AMENDING ARTICLE 20 NATURAL RESOURCES MANAGEMENT TO AMEND TREE PROTECTION REQUIREMENTS; 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 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 tree protection requirements of 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 August 17, 2017, and the City Council of the City of Kennedale, Texas held a public hearing on August 21, 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, Article 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: SECTION 1. Sub-section 20.4.0 of Section 20.4 "New Developments" of the Unified Development Code of the City of Kennedale, Texas is hereby amended to read as follows. Nonresidential Developments. 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 to meet minimum requirements and building pads 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 2. This Ordinance shall be cumulative of all provisions of ordinances and of the Unified Development Code of the City of Kennedale, Texas (2016), 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 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and sections of this ordinance are severable, and if any section, paragraph, sentence, 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 4. 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 5. 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 the development and use of property 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 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, 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 7. 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 21St DAY OF AUGUST, 2017. APPROVED: MAYOR, BRIAN JOHNSON ATTEST: CITY SECRETARY, LESLIE GALLOWAY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY, WAYNE OLSON Artie T.O.C... dfiry. ; U,eS [Excerpt from UDC showing current tree preservation regulations] Section 20.4 New Developments A. Applicability. All new developments that have not yet made application to the city for development or plat approval as of the effective date of this article shall be subject to the requirements for tree protection and replacement set forth herein. E 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 areas shall be subject to these requirements. If trees are removed from exempt areas based on an approved preliminary plat, and a p revised preliminary plat or a final plat is later approved such that the trees originally exempt would no longer be exempt if still in place, such trees shall be replaced in ry accordance with Section 20.8. C. Nonresidential Developments. All areas within street rights-of-way and utility or p drainage easements as shown on a preliminary plat approved by the Planning z & 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. D. Permit Requirements. A tree removal permit shall not be required for removal of a protected tree within an area noted in subsections (1) and (2) of this section. However, a permit must be obtained prior to the removal of any other protected tree on the property. E. Administrator Review. 1. Residential Development. A developer shall be required to furnish a tree survey showing all proposed improvements (for example, right-of-ways, easements, lot patterns, cut/fill and the like) with the submittal of a site plan, development plan, preliminary plat or final plat, whichever occurs first. The tree survey shall submitted J , in accordance with the requirements set forth in Appendix D to Ordinance No. 268 and shall be prepared on a sheet drawn to the scale of one (1) inch equal to 100 feet (1 :100) or on a computer disk in the format of a commonly used computer-aided design (CAD) program. 2. Nonresidential Development. A developer shall be required to furnish a tree survey showing all proposed improvements (for example, right-of-ways, easements, lot patterns, cut/fill, fire lanes, parking areas and building pads and CO) the like) with the submittal of a site plan, development plan, construction plan, plot plan or building permit application, whichever occurs first. The tree survey shall submitted in accordance with the requirements set forth in Appendix D to Ordinance No. 268 and shall be prepared on a sheet drawn to the scale of OC) one (1) inch equal to 100 feet (1 :100) or on a computer disk in the format of a commonly used computer-aided design (CAD) program. 20-4 City of Kennedale,TX- Unified Development Code [This page deliberately left blank] ic KENNEDALE Planning and Zoning Commission STAFF REPORT TO THE PLANNING & ZONING COMMISSION www.cityoflcennedale.com Date: July 20, 2017 Agenda Item No: WORK SESSION ITEMS (D) I. SUBJECT Discuss concept of planned development district for infill parcels II. SUMMARY BACKGROUND For the past several months, the Commission has been discussing the idea of planned development districts for infill properties. These regulations are needed because while infill parcels are often challenging to develop and could benefit from use of planned development districts, many of these properties do not meet the minimum five acre requirement for PD districts. Attached to this report is a draft ordinance that would adopt regulations for planned development districts on infill parcels. After receiving feedback from Commission members, staff will revise the ordinance and will be prepared to bring it to the Commission with a public hearing next month. The attached ordinance shows new language in red font to make it easier for you to review. Please note that the draft ordinance does not distinguish between commercial use and residential use; if adopted, the ordinance would permit both zoning categories to make use of infill planned development districts. The maps included with this report show possible infill sites throughout Kennedale. Note that some of the properties already have a structure or structures but could be redeveloped with additional ic KENNEDALE Planning and Zoning Commission STAFF REPORT TO THE PLANNING & ZONING COMMISSION www.c ityof I<en n eda le.com structures after replatting. Also note that the properties were included based on size, shape, and development status, not based on whether the property owner is interested in redevelopment. In many cases, the current owner is probably not interested in selling for development at this time, so inclusion on the map just indicates where infill planned development districts might be used, not where they are likely to be used. ORDINANCE NO. 631 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF KENNEDALE, TEXAS BY AMENDING ARTICLE 9 PLANNED DEVELOPMENT DISTRICTS TO ADD REGULATIONS REGARDING THE INFILL PLANNED DEVELOPMENT DISTRICTS AND BY AMENDING ARTICLE 27 PLANNED DEVELOPMENT PROCEDURES AND ARTICLE 32 GENERAL DEFINITIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City 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 August 17, 2017, and the City Council of the City of Kennedale, Texas held a public hearing on August 21, 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, Article 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: SECTION 1. Sub-section 9.1 .13 of Section 9.1 "Purpose" of Article 9 Planned Development Districts of the Unified Development Code of the City of Kennedale, Texas is hereby amended to add the following. 11 . Provide the opportunity for the full and effective development of infill parcels that may be difficult to develop under existing zoning district regulations due to their shape, size, topography, or other similar factors inherent to the property itself, but with requirements and restrictions set by ordinance that are intended to ensure appropriate and compatible use and development of the property. SECTION 2. Section 9.2 "Qualifying Conditions" of Article 9 Planned Development Districts of the Unified Development Code of the City of Kennedale, Texas is hereby amended to read as follows. The following criteria shall apply to all PDs: A. Unified Control. The development shall be under the control of one (1) owner or group of owners and shall be capable of being planned and developed as an integral unit. B. Minimum Acreage. The gross area of a tract of land to be developed in a Planned Development District shall be a minimum of five (5) acres. For infill planned development districts, the gross area shall be greater than one (1) acre but less than ten (10) acres. C. Recognizable Benefit. The applicant shall demonstrate that the PD provides at least four (4) of the following site design elements, which could not be attained through a project designed under conventional zoning: 1 . Mixed-use development with residential and non-residential uses, or a variety of housing types; 2. Pedestrian/transit-oriented design with buildings oriented to the sidewalk and parking to the side or rear of the site; 3. High quality architectural design beyond the site plan requirements of this article; 4. Extensive landscaping beyond the site plan requirements of this article; 5. Preservation, enhancement, or restoration of natural resources (trees, slopes, wetland areas, views, etc.); 6. Preservation or restoration of significant or historic resources; 7. Provision of open space or public plazas or features; 8. Efficient consolidation of poorly dimensioned parcels or property with difficult site conditions (e.g. topography, shape etc.); 9. Effective transition between higher and lower density uses, and/or between nonresidential and residential uses; or allowing incompatible adjacent land uses to be developed in a manner that is not possible using a conventional approach; 10. Shared vehicular and pedestrian access between properties or uses; 11. Mitigation to offset impacts on public facilities (such as street improvements); or 12. Significant use of sustainable building and site design features such as: water use reduction, water efficient landscaping, innovative wastewater technologies, low impact stormwater management, optimize energy performance, on-site renewable energy, passive solar heating, reuse/recycled/renewable materials, indoor air quality, or other elements identified as sustainable by established groups such as the US Green Building Council (LEED) or ANSI National Green Building Standards. 13. In addition, infill planned development districts shall also provide each of the following elements: a. minimum masonry requirement at least 10% higher than the base zoning district when the base zoning district does not already require 100% masonry on all facades; b. establishment of a Home Owners' Association for residential infill districts; c. where lot areas are less than the required area of the base district, the developer shall dedicate by plat an area of contiguous open space, which shall be available and accessible to all property owners or residents within the development by means of a street, sidewalk, or drive. The open space must be usable and not occupied by streets, drives, parking areas, or above-ground utility structures. The open space shall be at least 5,000 square feet in size. D. Compatibility with Adjacent Uses. The proposed location of uses or structures that are of a significantly different scale or character than the abutting residential districts, such as access drives, parking areas, waste receptacles, swimming pools, tennis courts, and facilities of a similar nature, shall not be located near the perimeter of the PD or so as to negatively impact the residential use of adjacent lands. For infill planned development districts, building height shall not exceed that permitted in the adjacent properties that are already developed. SECTION 3. Sub-section 27.2.D of Section 27.2 "Zoning Requirements" of Article 27 Planned Development Procedures of the Unified Development Code of the City of Kennedale, Texas is hereby amended to read as follows. D. Modifications. To encourage flexibility and creativity consistent with the intent of the PD, the City Council, after recommendation from the Planning and Zoning Commission, may permit modifications from the density, area, height, and placement requirements for the stated district(s). 1. Any regulatory modification shall be approved through a finding by the City Council, after recommendation by the Planning and Zoning Commission, that the modification results in a higher quality of development than would be possible using conventional zoning standards or that the modification allows for development of an infill parcel in a manner meeting the requirements of Article 9 and Article 27. 2. All deviations from dimensional requirements shall be listed in a Table of Modifications. Unless modifications are specifically requested and approved by the City Council, the site plan shall comply with the appropriate requirements of the identified zoning districts. 3. For infill planned development districts, lot sizes smaller than 5,000 square feet shall not be permitted for residential zoning districts. SECTION 4. Section 32.2 "General Definitions" of the Unified Development Code of the City of Kennedale, Texas is hereby amended to add the following definitions. Infill parcel. An undeveloped or underdeveloped property that is larger than one (1) acre in size but smaller than ten (10) acres and that is abutted on at least two sides by properties that have already has development. Infill planned development district. A planned development district located on an infill parcel. 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), 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 6. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and sections of this ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clause, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause, or phrase. SECTION 7. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not more than Two Thousand Dollars ($2,000.00). Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of any ordinances governing the development and use of property 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. PASSED AND APPROVED ON THIS 21St DAY OF AUGUST, 2017. APPROVED: MAYOR, BRIAN JOHNSON ATTEST: CITY SECRETARY, LESLIE GALLOWAY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY, WAYNE OLSON ,y �F !F v r r III qF- lop • 00 !r LO Fad!! wi i- V 1w, Lo f CA r � •�--1 � Lo Lo will Me- f ,J�, bRw LL- vo -� �' � �"` 'M�` '4 �` ��r-st=y ��-1 •� N :o ®� • � f � x LO c O LO LO ® N r� N 0 Lo Lo Lo ® � o - �� - = `I �• ��®® ®111. 1 111 �� .�.. .-� P �-.�� - N ® ® ® ® 4--j Lo Lo CL WEll -coo 0 ■ �� V N m s N O C N a Y 00 Qk7 PONa a � a O <= _ LO / V-,v is hill N MENEM a .nslFF _��i97 a® T` ®■®® :Room ■� r■■■1®� _ I _ Lo Ln Lo `i� J = o CL � f ■ i Via_ � ■■ � a Qo O U pR■■ w (3Q) ANNEX � Z LO � a O qF- I II L IFLIT LO m 11 ............. 11 161 J1 I "IE -. _- Eli x y : a; y z � M W ' . , t" ?F. 1 vsns r , �dIII mill 4 3OV77/ IM U i Y' 1 1 t o IE FEW f II " yN � • s d r� I Ill qF- c L 11 �•+ 'r` Lwr � wNNEDALE NEW d .. , R Y N � ryCN 11 rim id � µ yf - �I �L 7� A377VA L—LL , a LO LO LO m 0 FFH �l I I 1� i j 757- • N ® . U i y ! _ . ' "ilk m prf MOM Ln � C N . Lo Lo coo 'LL IN IT il .� W-Ir fun o II�' < IR IN- ?`_ ' 111::::�.�1�� o = o p .E LO m O LO o 0 M Q m N N s� ® LO Ln �� wv ♦, 0 0 ° 111 ° N Pli LO sr � >.� ifil , r ; a U G m ■� 4—J i W y ■, U 4U O � z •• O LO a ' Y it'r. a m PUP CQ O a a & 'snow=" Lo �I �a • Q M KAP N Q U i Q - U IBMco C� •�--� Lo ,SON f■� r--4 Q Lo Lo coo C� -! yr r Bad LL Lo Fay �✓ t � � t'� . •��. o w a ..$ Ut �C a � ic KENNEDALE Planning and Zoning Commission www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: July 20, 2017 Agenda Item No: WORK SESSION- E. I. Subject: Discuss code enforcement regulations II. Originated by: III. Summary: This agenda item was added at the request of Chairman Harvey on behalf of a Planning & Zoning Commissioner. During this agenda item, the Commission will discuss current code enforcement regulations and how they might affect new regulations being considered by the Commission. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: None VIII. Alternative Actions: IX. Attachments: [This page deliberately left blank] ic KENNEDALE Planning and Zoning Commission www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: July 20, 2017 Agenda Item No: MINUTES APPROVAL- A. I. Subject: Review and consider minutes from the June 15, 2017 Planning &Zoning Commission Regular Meeting II. Originated by: Alicia Santos, Permit Clerk III. Summary: Minutes from the June 2017 meeting are enclosed for your review and consideration for approval. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: Approve VIII. Alternative Actions: IX. Attachments: 1. 06.15.2017 PZ Minutes 106.15.2017 PZ Minutes. df HENNEDALE Planning and Zoning Commission www.CityoMennedalexom KENNEDALE PLANNING & ZONING COMMISSION MINUTES COMMISSIONERS - REGULAR MEETING June 15, 2017 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION - 6:00 PM REGULAR SESSION - 7:00 PM I. CALL TO ORDER Vice-Chairman Pirtle called the work session to order at 6:07 P.M. II. ROLL CALL PLACE COMMISSIONER PRESENT ABSENT 1 Stephen Brim X 2 Harry Browne X 3 Patrick Filson X 4 Ernest Harvey, Chair X 5 Thomas Pirtle, Vice-chair X 6 Chris Pugh X 7 Carolyn Williamson X 8 Greg Adams, Alternate X 9 Horace Young, Alternate X A quorum was present. As Chairman Harvey was not present, Thomas Pirtle, vice-chair, acted as chairman for this evening's board meeting. Alternate Mr. Adams was asked to serve as regular member for the work session. Staff present: Rachel Roberts, Development Director, and Alicia Santos, Board Secretary. III. WORK SESSION A. Discuss any item on the regular session agenda Ms. Roberts said the minutes were the only item on the regular session agenda, so there were no items staff needed to discuss with the Commission. B. Discuss tiny house concept Ms. Roberts said the Thibodeaus had not arrived and may have mistaken the time for the work session. The Commission then discussed the use of shipping containers. Maria Thibodeau arrived at 6:30, and the Commission returned to this work session item. Ms. Thibodeau told the Commission about a workshop she had recently attended about tiny homes. She gave a handout to the Commission about the benefits of a tiny home community with demographic information about the typical tiny home buyer. She said she would like to have a tiny home development on New Hope Rd. The Commission asked about how she proposed to handle parking and landscaping and proposed lot sizes, and Ms. Thibodeau went over some of her ideas. Ms. Roberts advised Ms. Thibodeau that the Commission would not be able to say whether they would vote for or against a rezoning request and can only ask questions about the proposed project at this time. Ms. Thibodeau responded to questions from the Commission about the potential development. C. Discuss regulations related to the use of shipping containers Ms. Roberts told the Commission staff would recommend approaching the use of shipping containers two different ways, with one set of regulations if the container were used for storage only and another for containers that would be occupied She then went through regulations that staff might propose for the Commission's official consideration and asked for feedback. The Commission agreed they would be willing to officially consider the ordinance next month. The Commission did not have time to discuss the other work session agenda items at this time. The Work Session closed at 7:01 P.M., and Chairman Pirtle opened the Regular Session at that time. IV. REGULAR SESSION V. CALL TO ORDER Chairman Pirtle called the regular session to order at 7:02 P.M. VI. ROLL CALL PLACE COMMISSIONER PRESENT ABSENT 1 Stephen Brim X 2 Harry Browne X 3 Patrick Filson X 4 Ernest Harvey, Chair X 5 Thomas Pirtle, Vice-Chair X 6 Chris Pugh X 7 Carolyn Williamson X 8 Greg Adams, Alternate X 9 Horace Young, Alternate X A quorum was present. Staff present: Rachel Roberts, Development Director, and Alicia Santos, Board Secretary. VII. MINUTES APPROVAL A. Consider approval of minutes from May 18, 2017 Planning and Zoning Commission Meeting. Mr. Pirtle called for the vote. Ms. Williamson made a motion to approve, seconded by Mr. Pugh. The motion passed with all in favor and none opposed, except Mr. Adams abstained. VIII. VISITOR/CITIZENS FORUM No one registered to speak. IX. REGULAR ITEMS There were no regular items before the Commission. X. REPORTS/ANNOUNCEMENTS Ms. Roberts announced that the summer reading program was going on and that the library was hosting movies on Saturdays. She said the summer bird watching workshop would be held next month. XI. ADJOURNMENT Mr. Pugh made a motion to adjourn, second by Adams, and the motion was passed with all in favor. The regular session adjourned at 7:06 P.M. The Commission reopened the Work Session at 7:06 P.M. D. Discuss concept of planned development district for infill parcels Ms. Roberts advised the Commission there were several elements to consider, and she described the kinds of regulations staff would likely propose for allowing planned development districts for infill properties. She recommended they be allowed only for properties that are at least one acre in size but not larger than ten acres. The Commission discussed setbacks for this kind of development. Ms. Roberts said there are a number of properties that are long but narrow, making standard development difficult. The Commission members determined they would like more time to discuss and to see examples of what areas would benefit from this type of zoning district. Ms. Roberts said she would bring some maps to the Commission's next work session. E. Discuss tree preservation regulations Ms. Roberts described current regulations, which exempt building pads from the tree preservation requirements. She said the Commission could consider not exempting the building pads but continuing to exempt the required parking areas, and she also mentioned that Kennedale's location within the Cross Timbers means this area would typically have more trees than in surrounding cities. The Commission discussed penalties for removing trees and whether there were options for penalizing property owners when trees were cut down illegally. Ms. Roberts said she would check with the city attorney. After some discussion, the Commission decided that it is reasonable to exempt trees within a proposed right-of-way but not in parking areas. The Commission asked Ms. Roberts to bring forward an ordinance amending the tree protection requirements that would retain the exemption for building pads but no longer exempt parking areas. Mr. Adams made a motion to adjourn, seconded by Mr. Filson. The motion passed unanimously, and the meeting adjourned at 7:28 PM. ATTEST: Ernest Harvey, Chair Alicia Santos, Board Secretary Date Date