O546ORDINANCE 5 4 6
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED;
REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE
CITY OF KENNEDALE FROM "C -2" GENERAL COMMERCIAL DISTRICT
TO "PD" PLANNED DEVELOPMENT 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, Oscar Rountree and Wanda Rountree, which have a proprietary interest
in said property being an approximately two acre tract in the Joel Snyder Survey A -1448,
more particularly described as Joel Snyder Survey A -1448 1 B, being a portion of a tract as
described in a deed to Oscar and Wanda Rountree, Instrument no. D190172874
Kennedale, Tarrant County, Texas, have filed an application to rezone the property from
its present classification of "C -2" General Commercial District to a "PD" Planned
Development District; and
WHEREAS, the comprehensive land use plan classifies said property as
"Neighborhood," which calls for residential use; and
WHEREAS, the City of Kennedale believes the request as proposed would help
achieve the vision set forth in the comprehensive land use plan; and
WHEREAS, the City Council has determined that a planned development zoning
district is the most appropriate zoning district to facilitate the development of the property;
and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of
the City of Kennedale on the 17 day of April 2014 and by the City Council of the
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City of Kennedale on the 8 th day of May 2014 with respect to the zoning changes
described herein; and
WHEREAS, all requirements of law dealing with notice to other property owners,
publication and all procedural requirements have been complied with in accordance with
Chapter 211 of the Local Government Code; and
WHEREAS, the City Council does hereby deem it advisable and in the public interest
to amend the City's Zoning Ordinance as described herein.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1:
The Comprehensive Zoning Ordinance is hereby amended so that the zoning
classification and the uses in the hereinafter described area shall be changed and or
restricted as shown and described below:
An approximately six acre tract in the Joel Snyder Survey, more particularly
described as Joel Snyder Survey A -1448 113, being a portion of a tract as
described in a deed to Oscar and Wanda Rountree, Instrument no.
D190172874 Kennedale, Tarrant County, Texas ( "the Property "), as more
particularly described on Exhibit "A" attached hereto and incorporated
herein, from "C -2" General Commercial District to Snyder Survey Planned
Development District No. — 1 ( "Snyder PD 1") for residential use with
modified restrictions, as more fully described on the Concept Plan, attached
hereto as Exhibit "C" and incorporated herein.
SECTION 2.
The use of the Property shall be subject to the restrictions, terms and conditions set
forth below. The use of the Property shall further conform to the standards and regulations
of the "R -1" Single Family Residential district and to Chapter 17, Division 10 Subdivision
Design Criteria of the City of Kennedale City Code, to the extent not modified in this
Ordinance and shall be subject to all other applicable regulations contained in the Zoning
Ordinance and all other applicable and pertinent ordinances of the City of Kennedale,
where not otherwise controlled by the regulations set forth below. The Property shall
conform to the following supplemental standards and regulations, which shall supersede
any other requirements to the extent of a conflict:
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1. Permitted Uses. The only permitted uses in the Snyder PD 1 shall be:
a. single family detached residential;
b. park, playground, or open space, including detention or retention facilities;
c. accessory building (other than a guest house), when such use does not exceed
fifteen (15) feet in height, is a subordinate building incidental to that of the main
building on the same lot, has a maximum area of 1,200 square feet, and is
constructed of masonry (as defined in Kennedale city code), stone, 3- coat/3-
step stucco, or Hardie -Plank or material equivalent to Hardie -Plank in quality
and durability, with city staff to determine whether alternative materials are
equivalent to Hardie - Plank;
d. guest house, when such use does not exceed fifteen (15) feet in height and is a
subordinate building incidental to that of the main building on the same lot, has
a maximum living space of fifteen (15) percent of the living space of the primary
structure, is constructed of masonry (as defined in Kennedale city code), stone,
3- coat /3 -step stucco, or Hardie -Plank or material equivalent to Hardie -Plank in
quality and durability, with city staff to determine whether alternative materials
are equivalent to Hardie - Plank, and is not used as a rental residence or
permanent living facility;
e. Home occupation, subject to the regulations under Section 17 -421 and 17 -423
of the Kennedale city code and any other applicable City of Kennedale
regulation regarding home occupations;
f. Orchard, as defined in Section 17 -431 of the Kennedale city code, when such
use is not for commercial purposes;
g. Any use permitted by right under the category Utility /Solid Waste Uses in
Section 17 -421 Schedule of Uses of the Kennedale city code;
h. Bed and breakfast shall be permitted only with a special exception authorized
by the board of adjustment.
2. Density. The number of lots shall not exceed two (2).
3. Lot size. Lot size requirements shall be as follows.
Minimum Lot
Minimum Lot
Minimum Lot
Maximum Lot
Area
Width
Depth
Coverage
(square feet)
(feet)
(feet)
(percent)
21,000
80
125
60%
4. Lot coverage means the percentage of the total area of a lot occupied by the first
story or ground floor of all buildings located on the lot.
5. Minimum livable area. The minimum livable area for all primary residential
structures is 1,500 square feet.
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6. Setbacks. The PD herein approved shall require the following minimum setbacks:
7. Building height. Primary structures shall not exceed a height of two and one half
(2 1 /2) stories, at a maximum of fifty (50) feet in height. Decorative elements such
cupolas and domes not intended for human occupancy, chimneys, and antennas
shall not be required to meet the height maximum of fifty feet, provided such
elements do not exceed the height limit by ten (10) feet.
8. Building materials. The following materials are permitted to be used for structures
within the district. Vinyl is prohibited for use on building exteriors.
a. Masonry as defined by Kennedale city code;
b. Hardie -Plank or material equivalent to Hardie -Plank in quality and durability,
with city staff to determine whether alternative materials are equivalent to
Hardie - Plank;
c. 3- coat/3 -step stucco.
9. Architectural style. All homes shall be consistent with architectural styles such as
Victorian /Queen Anne, Craftsman, and Prairie Bungalow. Examples of the
permitted architectural styles are shown i n Exhibit "D," attached hereto and
incorporated herein.
10. Front porches. All homes shall have a usable front porch of a minimum size of
sixty (60) square feet.
11. Parking. Parking spaces for at least two (2) motor vehicles shall be provided in an
enclosed garage for any single family dwelling constructed within the district. Front
entry garages are prohibited, except that a front entry garage shall be permitted
provided all of the following requirements are met:
a. The garage entry is screened by a porte - cochere; and
b. The vehicle entryway of the garage is located a minimum of eighty (80) feet
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Front
Side Setback
Side Setback
Lot Type
Setback
Rear Setback
Minimum —
Minimum —
Minimum
Minimum (ft.)
R -o -W
Interior (ft.)
(ft.)
Adjacent (ft.)
Residential
50
35
20
10
Any accessory building or guest house shall be a minimum of eight (8) feet
from the primary structure, a minimum of eight (8) feet from any side property
lines, and a minimum of eight (8) feet from the rear property line.
7. Building height. Primary structures shall not exceed a height of two and one half
(2 1 /2) stories, at a maximum of fifty (50) feet in height. Decorative elements such
cupolas and domes not intended for human occupancy, chimneys, and antennas
shall not be required to meet the height maximum of fifty feet, provided such
elements do not exceed the height limit by ten (10) feet.
8. Building materials. The following materials are permitted to be used for structures
within the district. Vinyl is prohibited for use on building exteriors.
a. Masonry as defined by Kennedale city code;
b. Hardie -Plank or material equivalent to Hardie -Plank in quality and durability,
with city staff to determine whether alternative materials are equivalent to
Hardie - Plank;
c. 3- coat/3 -step stucco.
9. Architectural style. All homes shall be consistent with architectural styles such as
Victorian /Queen Anne, Craftsman, and Prairie Bungalow. Examples of the
permitted architectural styles are shown i n Exhibit "D," attached hereto and
incorporated herein.
10. Front porches. All homes shall have a usable front porch of a minimum size of
sixty (60) square feet.
11. Parking. Parking spaces for at least two (2) motor vehicles shall be provided in an
enclosed garage for any single family dwelling constructed within the district. Front
entry garages are prohibited, except that a front entry garage shall be permitted
provided all of the following requirements are met:
a. The garage entry is screened by a porte - cochere; and
b. The vehicle entryway of the garage is located a minimum of eighty (80) feet
4
from the front property line; and
c. the vehicle entryway of the garage is set back from the front fagade of the
primary structure by a minimum of fifteen (15) feet.
d. 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.
12. Frontage onto streets classified as collector streets or larger. Notwithstanding the
requirements of Section 17 -303 of the Kennedale city code, lots may have frontage
onto or derive access directly from an existing or proposed street considered to be
a collector street or larger but only when said public street is accessed from the lot
by a circular driveway that allows vehicles to enter the public street facing forward.
A circular driveway is a private driveway on private property having one or more
points of access to one public street and providing an area in the front yard for
turning around or parking a vehicle. A circular driveway shall only be approved
under the following conditions:
a. No circular driveway shall be installed unless the location and spacing of the
driveway and drive approaches have been approved, in writing, by the
Director of Public Works;
b. The circular driveway must connect to or provide access to the required off -
street parking;
c. No lot shall have more than two (2) circular driveway connections to the
public street;
d. A circular driveway may not take up more than thirty percent (30 %) of the
required front yard area. Even if the front yard area is larger than the
minimum required, a circular driveway shall not take up more than thirty
percent of the required front yard area;
e. A circular driveway shall be at least ten (10) feet in width and not more than
twelve (12) feet in width.
13. Landscaping. Landscaping shall be regulated by the Kennedale City Code except
as otherwise controlled by this ordinance.
a. Lawns. All lawns shall have permanent ground cover, as described in
Kennedale city code. Use of native or adaptive xeriscape landscaping
materials is encouraged.
b. Plants. Use of native or adaptive xeriscape plants is encouraged.
Landscaping shall be maintained in good condition.
c. Street trees. A minimum of one (1) tree of three (3) inch caliper or greater
shall be required for each residential lot, to be planted centered between the
sidewalk and the curb and shall be installed at such time as sidewalks are
installed. The developer shall be responsible for installation of all street
5
trees and shall ensure tree selection and installation are sufficient to ensure
a long tree life. The developer shall be responsible for maintenance and
replacement of trees, as needed, for a period of two (2) years after the
development's public improvements have been accepted by the city. Use of
native or adaptive trees is required.
d. Irrigation. If sprinkler systems are installed, such systems shall be controlled
by an automatically controlled timer, unless the use of the property would
otherwise prohibit use of a timer. Irrigation systems shall be installed with a
rain shut off sensor. The irrigation system shall be designed so that
overspray onto structures, streets, sidewalks, windows, walls, and fences is
minimized.
i. High- efficiency irrigation systems, such as (but not limited to) drip or
soaker hose systems, are required for non -turf areas.
ii. Manual shut -off valves (such as a gate valve, ball valve, or butterfly
valve) shall be required as close as possible to the point of
connection of the water supply to minimize water loss in case of an
emergency (such as a main line break) or routine repair.
iii. The use of rain cisterns is permitted.
iv. Cisterns must be located in the rear yard or side yard and must be
screened so as not to be seen from the public street. Screening must
meet the screening materials regulations of the Kennedale City Code.
1. Cisterns may not exceed ten (10) percent coverage in any
required yard.
2. A cistern of less than three (3) feet in diameter may be placed
anywhere in the rear yard. A cistern with diameter of three (3)
feet or more shall be a minimum of eight (8) feet from any side
lot line and eight (8) feet from any rear lot line.
3. A cistern may not be greater than six (6) feet in height.
e. Protection of quality trees. The Zoning Administrator may approve a
deviation from the required front, rear, or side setback of up to ten percent
(10 %) in order to retain and protect an existing quality tree, as defined in the
Chapter 16, Article VI of the Kennedale City Code. Permission to deviate
from the required setback must be requested, in writing, by the developer.
14. Driveways and Access. All entry and exit points shall conform to the standards of
the City of Kennedale public works design manual and the City of Kennedale
subdivision design criteria of Chapter 17, Division 10 of the City of Kennedale
Code of Ordinances, unless otherwise regulated by this ordinance.
15. Sidewalks. Sidewalks are required within the district and are the responsibility of
the developer to install. Installation of sidewalks shall be required when a curb and
gutter or approved alternative storm water conveyance system is installed, and
II
shall be constructed according to the requirements of the City of Kennedale Code
of Ordinances, the City of Kennedale Public Works Design Manual, and any other
applicable regulations, where not otherwise controlled by this ordinance.
Sidewalks may be constructed of permeable materials and may be designed and
constructed using low- impact development standards if approved, in writing, by the
Director of Public Works. Review and approval of low- impact infrastructure or
public facilities shall follow the process for review and approval of standard
infrastructure or public facilities as set forth in the codes, regulations, and design
manuals of the City of Kennedale. Low - impact development standards shall not be
approved unless the Director of Public Works is satisfied the materials and
construction methods used will meet the same standards for safety and durability
as used in standard sidewalk construction within the City of Kennedale.
16. Drainage. The developer(s) shall adequately address storm water run -off resulting
from developing property within the district. If required by the Director of Public
Works, construction plans submitted to the city shall include detailed drainage
plans. If storm water detention facilities are constructed, the facilities shall be
designed to include natural features, such as plants or grasses, so that the
detention facility also serves as a neighborhood amenity.
17. Non - conforming uses. Non - conforming uses shall be regulated by Section 17 -428
of the Kennedale city code where not otherwise controlled by this ordinance.
SECTION 3.
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.
The City Secretary is hereby directed to amend the official zoning map to reflect the
changes in classifications approved herein.
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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.
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.
l�•�X �l;�]�E:�
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
3
caption penalty clause publication clause and effective date clause of this ordinance in
every issue of the official newspaper of the City of Kennedale for two days or one issue
of the newspaper if the official newspaper is a weekly newspaper as authorized by Section
3.10 of the City of Kennedale Charter.
SECTION 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.
PASSED AND APPROVED ON THIS 8 DAY OF MAY 2014.
APPROVED:
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City Secretary, 4methyst Sloane
EFFECTIVE: 5 - p Z
APPR OVED AS TO FORM AND LEGALITY
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City Attorney, Wayne K. Olson
(2-d �IA
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Exhibit "A"
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Exhibit "B"
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Exhibit "C"
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Exhibit "D"
Illustration of Permitted Architectural Styles
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Craftsman / Bungalow
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Exhibit "D"
Queen Anne / Victorian
Exhibit "D"
Queen Anne / Victorian
INVOICE
Star - Telegram
808 Throckmorton St.
FORT WORTH, TX 76102
(817) 390 -7761
Federal Tax ID 26- 2674582
RE. I
0620
Bill To:
CITY OF KENNEDALE
405 MUNICIPAL DR
KENNEDALE, TX 76060 -2249
Notice of Public F1 ' ne xnnneaa a L'„ fL ouno Fwill Al —M2 I3580
Misc Fee
THE STATE OF T
County of Tarrant
Ll
Customer ID: C
CIT33
Invoice Number: 3
329749431
Invoice Date: 4
4/22/2014
Terms: N
Net due in 21 days
Due Date: 4
4/30/2014
PO Number:
Order Number: 3
32974943
Sales Rep: 0
073
Description: N
Notice of Public Hear
Publication Date: 4
4/22/2014
th Linage. °,;;;MIT Rate Amount
37 37 LINE $
$6.20 $229.22
$10.00
Net Amount: $
$239.22
HOLLAND
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Notary Public, stato of texas
My Commission, Expires
July 31, 2 01 6
Before me, a Notal, 03 " °' L _ A State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star -
Telegram, published by the Star - Telegram, Inc, at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the
attached clipping of an advertisement was published in the o named paper on the listed dates: BID$ & LEGAL DEPT, STAR TELEGRAM
(817) 215 -2323 P_ C Q_
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, Apyif3 ,"014.
Notary P
Thank You For Your Payment
Remit To: Star - Telegram
P.O. BOX 901051
FORT WORTH, TX 76101 -2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
CIT33
CITY OF KENNEDALE
329749431
$239.22