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O673ORDINANCE NO. 673 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF KENNEDALE, TEXAS, BY INCLUDING ADDITIONAL MULTI -FAMILY REGULATIONS BY ADDING A NEW SECTION 3.6 "ADDITIONAL MULTI -FAMILY REGULATIONS", AMENDING SECTION 12.8 "REQUIRED OFF-STREET PARKING" AND TABLE 13.6 "BUFFER AREA LANDSCAPE REQUIREMENTS"; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AND EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas, is a home rule city acting under its charter adopted by the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council has adopted the City of Kennedale Unified Development Code ("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, the City Council deems it necessary and in the best interest of the public health, safety and welfare to adopt additional multi -family regulations for future multi -family developments that locate within the city; and WHEREAS, the Planning and Zoning Commission of the City of Kennedale, Texas, held a public hearing on August 15, 2019, and the City Council of the City of Kennedale, Texas, held a public hearing on August 20, 2019, 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, TEXAS, THAT: SECTION 1. Article 3 "Agricultural and Residential Zoning Districts" of the Unified Development Code is hereby amended by adding a new Section 3.6 to read as follows: PAGE 1 OF 9 0673 CITY OF KENNEDALE, TX 2019 3.6 Additional Multi -Family Regulations A. Purpose. To require a higher standard of development for new multi -family developments by utilized a form -based code similar to Village zoning. These modifications are consistent with the Comprehensive Plan Economic Prosperity principle of "Promoting access to housing", providing housing options for people of varying financial means and residential preferences, while ensuring quality development in the City. B. Form and Character. Multi -family developments should have an urban building form and street frontage. The primary building form is street -oriented with windows across the facade and one or more entrances along the street. Buildings sit behind a landscaped dooryard and may be configured around a courtyard. The buildings define the street space and typically provide private open space through a combination of balconies, roof decks and spaces interior to the lot. C. Building Form Standards. All buildings shall meet the following standards: 1. Height. a. The height of all buildings is measured in stories, with an ultimate building height in feet, measured to the top of the wall plate. At no time may a building exceed the prescribed maximum height in stories or in feet. b. All heights are measured from the average fronting sidewalk elevation (at the required building line) unless otherwise noted. c. A half -story (or attic story), defined as habitable space within a pitched roof, does not count against the maximum height in stories or feet, but may provide no greater than 75 percent of the square footage of the floor immediately below. d. The prescribed minimum story clear height shall be met within 30 feet of the required building line (RBL) and by at least 80 percent of each story floor area. e. The required ground story finished floor level shall be measured within 30 feet of any RBL. f Residential entrances may be at grade, with transitions to meet the minimum finished floor elevation within the building interior. PAGE 2 OF 9 0673 CITY OF KENNEDALE, TX 2019 2. Siting. a. Building facades shall be built to the RBL. b. The building facade shall be built to the RBL within 30 feet of a block corner. c. No part of any building or structure may encroach beyond the RBL or into any required setback except overhanging eves, awnings, balconies, bay windows, stoops, steps or barrier free ramps approved by the Administrator. d. There are no side setbacks e. The parking setback line is generally 20 or 30 feet behind the RBL. Vehicle parking shall be located behind the parking setback line, except where parking is provided below grade, on street, or otherwise indicated. f. All lots, including corner lots and through lots, shall satisfy the build - to requirements for any and all of their RBL frontages. 3. Elements. a. Fenestration is regulated as a percentage of the facade between floor levels. Fenestration is measured as a glass area (including mullions, muntins, and similar window frame elements with a dimension less than one inch) and/or open area. b. At least one (1) functioning entry door shall be provided along each ground story facade. The maximum distance between functioning facade entrances shall not be exceed. c. In no case shall a garage door be located at or face the RBL. d. No privates fences may be constructed forward of the RBL. e. A garden wall may be used to define the street edge, to secure a pedestrian passage, to enclose a courtyard space, on rear lot lines, or to screen building service elements. PAGE 3 OF 9 0673 CITY OF KENNEDALE, TX 2019 Height Max Building 3 stores and 38' Minimum ground floor clear height 9' Minimum upper story clear height 9' Max Garden Wall Height 10' Max Privacy Fence Height 7' Siting Min Build -To 75% Min Parking Setback 30' Side setbacks None required Min rear setback with alley 3' Min rear setback with no ally 20' Garden wall Permitted on unbuilt RBL Privacy fence Permitted on common and rear lot lines only Elements Min/Max Ground floor Facade Fenestration 33 to 80% Min/Max Upper Story Fenestration 20 to 70% Max Blank Wall Limitation 30' Max Distance between Facade Entrances 60' Balconies Permitted 4. Parking. a. Parking may be located on the street, in a surface lot or in a structure. b. No parking shall be located between the building facade and the back of curb. c. All off-street parking shall be located behind the parking setback line, typically 25' feet or more behind the back of sidewalk. d. All surface parking (as well as loading areas) shall be placed to the rear or to the side of the buildings, but in no case shall more than 60 feet of the property frontage (along the required building line) be used for surface parking. e. All surface parking and loading areas shall be screened from public areas, public sidewalks, and abutting residentially zoned properties by landscaping and a four (4) foot solid wall or a combination masonry and a wrought iron or metal fence. PAGE 4 OF 9 0673 CITY OF KENNEDALE, TX 2019 f. When parking is above grade within a structure, a fagade treatment that is consistent (in terms of materials and design) with the building facade shall be provided for the parking floors/levels. Parking structures shall be constructed so that commercial uses occupy the ground floor level on all street frontages. Automobile parking spaces are to be provided as required in this section and configured according to Sections 12.8 and 12.9. h. Residential minimum reserved parking spaces per unit: Up to 1,000 square feet, regardless of bedroom count: one (1) space/unit. Above 1,000 square feet: one and a quarter (1.25) spaces per unit. 5. Bicycle Parking. a. Sites and/or projects over 10,000 square feet in land area require one (1) tenant bicycle parking rack (2-bike capacity) per ten (10) units. Buildings under four (4) units shall have no requirement. b. Bicycle parking facilities shall be visible to intended users. The bicycle parking facilities shall not encroach on any area in the public right-of-way designated as the clear walkway nor shall they encourage on any required fire egress. c. On -street bicycle parking spaces (typically along the street tree alignment line) may be counted toward the minimum customer/visitor bicycle parking requirement. For areas with constrained street -space, an optional approach is to consolidate public bicycle parking in a single (1) dedicated on -street parking space per block. d. Bike rack design shall meet the requirements of Section 12.4D. 6. Permissive Parking and Loading Facilities. Nothing in this ordinance shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings, in accordance with all regulations herein governing the location, design and operation of such facilities. 7 On -Street Parking. A parking space located on a public street may be included in the calculation of parking requirements if it is adjacent to the building site (where more than 50 percent of the space is fronting). Each on -street parking space may only be counted once. PAGE 5 OF 9 0673 CITY OF KENNEDALE, TX 2019 8. Loading Facilities. If provided, loading zones shall be located to the rear and/or alley side of buildings. 9. Parking Lot Plantings for New Development. a. Trees. For any surface parking lot not separated from the street or public realm by a building, the space between the RBL and the parking setback line shall be planted with canopy shade trees. Trees shall be planted at an average distance not to exceed 30 feet on center and aligned parallel three (3) to seven (7) feet behind the RBL or garden wall. b. Edge. The edge of any surface parking lot adjacent to a single- family lot shall: Be planted with canopy shade trees placed at an average distance not to exceed 40 feet on center and aligned parallel three (3) to seven (7) feet behind the common lot line; and ii. Have a garden wall or privacy fence along the common lot line at least three (3) feet in height. c. Streets & Streetscape — Public Realm. The street graphic below illustrates the recommended typical configuration for street spaces within multi -family developments. The plans and sections specify ideal vehicular travel lane widths, curb radii, sidewalks, tree planting areas, and on -street parking configurations. The streets must work in conjunction with the building form standards to create the type of walkable place envisioned by the Comprehensive Plan. Streets must balance the needs of all forms of traffic — auto, bicycle and pedestrian. PAGE 6 OF 9 0673 CITY OF KENNEDALE, TX 2019 J L I' 1 L. • ',T IT _;1- r" ITT-: I r ' , 1,1 rI'-,• SECTION 2. Section 12.8 "Required Off -Street Parking" of the Unified Development Code is amended by amending Section 12.8.A.6. to read as follows: "6. NIF District. Parking spaces must be enclosed or covered in compliance with Section 3.6 of this Code". PAGE 7 OF 9 0673 CITY OF KENNEDALE, TX 2019 SECTION 3. Table 13.6 "Buffer Area Landscape Requirements" of the Unified Development Code is hereby amended to read as follows: Table 13.6 Buffer Area Landscape Requirements District Type Min. Width Min. Landscaping Requirements per 50 Linear Ft. AG, R-1, R-2, R-3, D, MH (non- agricultural and residential principal uses) 1 10 ft. O 1 canopy tree or 1 evergreen tree O 1 ornamental tree or 12 shrubs MF In compliance with Section 3.6 C-0, C-1, C-2 2 10 ft. O 1 canopy tree O 1 evergreen tree or 1 ornamental tree 0 8 shrubs 3 25 ft. O 2 canopy trees O 1 evergreen tree or 1 ornamental tree O 12 shrubs 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, or phrases of this Ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction such invalidity or unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, 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 invalid or 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, Texas, are expressly saved as to any and all violations of the provisions of any ordinances governing development that have accrued at the time of the effective date of this Ordinance; and, as to such accrued PAGE 8 OF 9 0673 CITY OF KENNEDALE, TX 2019 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 BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THIS THE 20TH DAY OF AUGUST, 2019. APPROVED: ATTEST: CITY SECRETARY LESLIE E. GALLOWA(L APPROVED AS TO FORM. LEGALITY: EFFECTIVE DATE: PAGE 9 OF 9 0673 CITY OF KENNEDALE, TX 2019 -T 1 tar e e ram MEDIA Arlington Citizen -Journal I 'i'iie 6{eller Citizen La Estrella MansField News -Mirror Star -Telegram Norih easi 1 Weatherford Star -Telegram star-telegram.com 1 808 Throckmorton St. Ft Worth, Tx. 76102-6315 Order Confirmation Customer Payor Customer CITY OF KENNEDALE Customer Account CITY OF KENNEDALE Pavor Account 600629 Customer Address 600629 Pavor Address 405 MUNICIPAL DR KENNEDALE TX 760602249 USA Customer Phone 405 MUNICIPAL DR KENNEDALE TX 760602249 USA Payor Phone 817-478-5418 Customer Fax 817-478-5418 Customer EMail Sales Rep rericson@cilyofkennedale.com Order Taker agrisham@mcclatchy.com agrisham@mcclatchy.com PO Number Payment Method Blind Box Tear Sheets Proofs Affidavits ORDINANCE NO. 673/ORDINANC Invoice 0 0 1 Net Amount Tax Amount Total Amount Payment Amount Amount Due $215.43 $0.00 $215.43 $0.00 $215.43 Ad Order Number Order Source Ordered By Special Pricing 0004351286 Invoice Text Melissa Dailey, AICP Promo Type ORDINANCE NO. 673/ORDINANCE NO. 674 Package Buy Materials Page 1 0(4 FR :5_OrdeiCothrmelrnr re' Ad Order Information Ad Number 0004351286-01 Ad Type FTVV-Legal Liner Production Method Production Notes AdBooker External Ad Number Ad Attributes Ad Released Pick Up No 0004351250 Ad Size Color 1X1531i Product Placement Times Run Schedule Cost FTW- Star -Telegram 0300 - Legals Classified 1 $200.43 Run Schedule Invoice Text Position CITY OF KENNEDALE ORDINANCE NO. 673 AN Run Dates 08/23/2019 0301 - Legals & Public Notices Product Placement Times Run Schedule Cost FTW-Upsell ST.Com 0300 - Legals Classified 1 $15.00 Run Schedule Invoice Text Position CITY OF KENNEDALE ORDINANCE NO. 673 AN Run Dates 08/23/2019 0301 - Legals & Public Notices Page 2 of 4 CITY OF RENNEDALE ORDINANCE NO.673 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMrN7 CODE OF THE CITY OF KENNEDALE, TEXAS BY INCLUDING ADDI- TIONAL MULTI -FAMILY REGU- LATIONS BY ADDING A NEW SECTION 3.6 "ADDITIONAL MULTIFAMILY REGULATION- S", AMENDING SECTION 12.8 "REQUIRED OFF•STREET PAR. KING" AND TABLE 13,6 '''BUFF- ER AREA LANDSCAPE REQUIR- EMENTS'; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES' PROVIDING A SEVERABILITY CLAUSE' PRO- VIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVED. LNG A SAVINGS CLAUSE PRO- VIDING FOR PUBLICATION; AND PROVIDING AND EFFEC- TIVE DATE. / SECTION 6, ANY PERSON FIRMA OR CORPORA- TION WINO VIOLATES, DISO- BEYS, OMITS, NEGLECTS OR REFUSES TO COMPLY WITH OR WHO RESISTS THE ENFORCE- MENT OF ANY OF THE PROVI- SIONS OF THIS ORDINANCE SHALL BE FINED NOT 4IORE THAN TWO THOUSAND DOL. LARS (F2,0(10.00). EACH DAY THAI' A VIOLATION IS PERMIT- TED TO EXIST SHALL CONSTI• TUTE A SEPARATE OFFENSE. / SECTION 8, THE CITY SECRETARY OF THE CITY OF KENNEDALE IS HEREBY DI- RECTED TO PUBLISH IN THE OFFICIAL NEWSPAPER OF THE CITY OF KENNEDALE THE CAP- TION, 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 ANO AFTER THE DATE OF ITS PASSAGE AND PUBLI- CATION AS REQUIRED BY LAW, AND IT 15 50 ORDAINED. / PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THIS THE 2OTH DAY OF AU- GUST, 2019, APPROVED /S/ NIAYOR BRIAN JOHNSON AT- TEST /5/ CITY $ECkETAR LE- SLIE E. GALLOWAY / AP. PROVED AS TO FORM AND LE- GALITY /S/ CITY ATTORNEY DREW LARKIN CITY OF KENNEDALE ORDINANCE NO. 674 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF KENNEDALE, TEXAS, BY ADDING A NEW "R- 4" SINGLE-FAMILY DISTRICT AND PROVIDING FOR NEW R-4 DISTRICT REGULATIONS BY AMENDING SECTION 3,1 "PUR- POSE", TABLE 3-2 "SCHEDULE OF USES: AGRICULTURAL AND RESIDENTIAL DISTRICTS' TA- BLE 3.3 'SPATIAL REQUIRE- MENTS: AGRICULTURAL AND RESIDENTIAL DISTRICTS", SECTION 10,9. C.1, "DWEL- LINGS PER LOT", SECTION 11,2 "ACCESSORY BUILDINGS", SECTION 11,30 "RESIDENTIAL SALES", SECTION 11.36 "SEXU- ALLY ORIENTED BUSINESSES", SECTION 11,34 "TEMPORARY USES", SECTION 12.8 "RE- QUIRED OFF-STREET PARKIN- G", SECTION 13,2 "GENERAL. LANDSCAPING REQUIREMENT- S", TABLE 13,E "BUFFER AREA LANDSCAPE REQUIREMENTS" AND SECTION 29.5 "BOARD Of ADJUSTMENT"; PROVIDING THAT TFIIS ORDINANCE SHALL RE CUMULATIVE OF ALL ORDI- NANCES; PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING FOR, PENALTY FOR Page 3 of 4 VIULN I I1J113 nciccur; YISUVIu• ING A SAVINGS CLAUSE; PRO- VIDING FOR PUBLICATION; AND PROVIDING AND EFFEC• TIVE DATE, / SECTION 15, ANY PERSON, KvMI oR CbRPORA- TION WHO VIOLATES, DISO- BEYS, OMITS, NEGLECTS OR REFUSES TO COMPLY WITH OR WHO RESISTS THE ENFORCE- MENT OF ANY OF THE PROVI- SIONS or THIS ORDINANCE SHALL DE FINED NOT MORE THAN TWO THOUSAND DOL- LARS 02,O00.00). EACH DAY THAT A VIOLATION IS PERMIT- TED TO EXIST SHALL CO/NSTI• TUTE A SEPARATE OFFENSE. / SECTION 17. THE CITY SECRE- TARY OF THE CITY OF KENNEDALE 15 HEREBY DI- RECTED TO PUBLISH IN THE OFFICIAL NEWSPAPER OF THE CITY OF KENNEDALE THE CAP- TION, THE PENALTY CLAUSE, THE PUBLICATION CLAUSE, AND THE EFFECTIVE DATE CLAUSE or THIS ORDINANCE AS PROVIDED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF KENNEDALE. SECTION i3. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS PASSAGE AND PUBLI- CATION AS REQUIRED BY LAW, AND IT IS SO ORDAINED, / PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE TEXAS, THIS THE 20TH DAY Y OF AU- GUST, 2019, APPROVED /5/ MAYOR BRIAN JOHNSON AT- TEST /S/ CITY SECRETARY LE- SLIE E. GALLOWAY / AP- PROVED AS TO FORM AND LE- GALITY /S/ CITY ATTORNEY DREW LARKIN Page 4 of 4