O547ORDINANCE 5 4 7
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, Patricia Beatty and Johnny Byrd, which have a proprietary interest in said
property being an approximately four acre tract in the Joel Snyder Survey A -1448, more
particularly described as Joel Snyder Survey A -1448 1C, being a portion of a tract as described
in a deed to Patricia Beatty, Instrument no. D198096319, 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 City of
Kennedale on the 8 th day of May 2014 with respect to the zoning changes described herein;
and
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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 four acre tract in the Joel Snyder Survey, more particularly
described as Joel Snyder Survey A -1448 1C, being a portion of a tract as
described in a deed to Patricia Beatty, Instrument no. D198096319, Kennedale,
Tarrant County, Texas ( "the Property "), as more particularly described on Exhibit
"A" and Exhibit "B" attached hereto and incorporated herein, from "C -2" General
Commercial District to Snyder Survey Planned Development District No. — 2
(Snyder PD 2) for residential use with modified restrictions, as more fully
described on the Concept Plan, attached hereto as Exhibit "C" and incorporated
herein.
01C01LIF-A
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:
1. Permitted Uses. The only permitted uses in the Snyder PD 2 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
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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 a maximum of three (3) lots.
3. Lot size. Lot size requirements shall be as follows.
Minimum Lot
Minimum Lot
Minimum Lot
Maximum Lot
Area
Width
Depth
Coverage
(feet)
(feet)
(percent)
1 acre
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.
6. Setbacks. The PD herein approved shall require the following minimum setbacks:
3
7. Building height. Buildings shall not exceed a height of two and one half (2'/2) stories, at
a maximum of fifty (50) feet in height.
8. Building materials. All primary structures shall be constructed of a minimum of 80%
masonry, as defined in Section 17 -405 of the Kennedale city code. The remaining 20%
may be of masonry materials or of 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, or 3- coat/3 -step stucco. Architectural metals or woods may
be used for architectural accents. Vinyl is prohibited for use on building exteriors.
9. 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 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.
10. 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 street is accessed from the lot by a circular driveway
that allows vehicles to enter the 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:
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Front Setback
Side Setback
Side Setback
Lot Type
Minimum (ft.) —
Rear Setback
Minimum —
Minimum —
primary structure
Minimum (ft.)
R -o -W ft Adjacent
Interior (ft.)
(
Residential
40
35
20
15
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. Buildings shall not exceed a height of two and one half (2'/2) stories, at
a maximum of fifty (50) feet in height.
8. Building materials. All primary structures shall be constructed of a minimum of 80%
masonry, as defined in Section 17 -405 of the Kennedale city code. The remaining 20%
may be of masonry materials or of 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, or 3- coat/3 -step stucco. Architectural metals or woods may
be used for architectural accents. Vinyl is prohibited for use on building exteriors.
9. 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 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.
10. 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 street is accessed from the lot by a circular driveway
that allows vehicles to enter the 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:
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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.
11. 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. The developer shall be responsible for installation of all street 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
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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.
12. 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.
13. 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 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.
14. 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.
15. 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.
0
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.
SECTION 4.
The City Secretary is hereby directed to amend the official zoning map to reflect the
changes in classifications approved herein.
SECTION 5.
The use of the properties hereinabove described shall be subject to all the applicable
regulations contained in the Comprehensive Zoning Ordinance and all other applicable and
pertinent ordinances of the City of Kennedale, Texas.
SECTION 6.
This Ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Kennedale, Texas (1991), as amended, including but not limited to all
Ordinances of the City of Kennedale affecting zoning and land use, and shall not repeal any of
the provisions of such ordinances except in those instances where provisions of such
ordinances are in direct conflict with the provisions of this ordinance.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists enforcement of any of the provisions of this ordinance shall be fined
not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 8.
All rights or remedies of the City of Kennedale Texas are expressly saved as to any and
all violations of any ordinances governing zoning or of any amendments thereto that have
accrued at the time of the effective date of this Ordinance and as to such accrued violations and
all pending litigation both civil and criminal same shall not be affected by this Ordinance but may
be prosecuted until final disposition by the Courts.
7
SECTION 9.
It is hereby declared to be the intention of the City Council that the phrases clauses
sentences paragraphs and sections of this ordinance are severable and if any phrase clause
sentence paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction such unconstitutionality shall not
affect any of the remaining phrases clauses sentences paragraphs and sections of this
ordinance since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase clause sentence paragraph or
section.
SECTION 10.
The City Secretary of the City of Kennedale is hereby directed to publish the caption
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:
Q"�
K ayor"John Clark
ATT ST:
City Secretar , Amethyst Sloane
EFFECTIVE: 5"._ t 3 2
APPROVED AS TO FORM AND LEGALITY:
1, i � .
City Attorney, Wayne K. Olson
Exhibit "A"
Legal Description
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Exhibit "B"
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Exhibit "C"
Concept Plan
11
INVOICE
Star - Telegram
Customer ID:
CIT33
808 Throckmorton St.
Invoice Number:
329749431
FORT WORTH, TX 76102 Mq Y ® 6
Invoice Date:
4/22/2014
(817) 390 -7761
2014
Federal Tax ID 26- 2674582
Terms
Net due in 21 days
Due Date:
4/30/2014
Bill To:
PO Number:
CITY OF KENNEDALE
Order Number:
32974943
405 MUNICIPAL DR
KENNEDALE, TX 76060 -2249
Sales Rep:
073
Description:
Notice of Public Hear
Publication Date:
4/22/2014
:r Descrip
- "�IVOTICE OF`P06ItC'HC4 [u,
Notice of Public I The tennedale city rouncd will hold 13580 1 37
a public hearing far the foilawing
37 LINE
$6.20 $229.22
case(s) an Thursday, May 8" 20,14
at 7:00 P.M. in the KennedA6,City
Mlsc Fee Council Chambers, located 1: 405 1
$10.00
Municipal Drive, Kennedale, Tarrant y
County, Texas 76060. CASE # PZ
14 -04 to receive comments and i
consider action an a request by 1
Oscar and Wanda Rountree and j
Patricia Beatty and Johnny Byrd ;
CA. � �.� .hen Vr nr -911 i
Net Amount
$239.22
IdIIU dS UUWAR10U 111 ;d UUUU - 1V { - sevsa.e� wow
Patricia Beatty, Instrument no.I '-- -
D198096319, Kennedale, Tarrant i CHRISTY LYNNE HOLLAND
County. All citizens are encouraged
to attend the hearing(s) to offer NOtary Public, SiCItO OI lexas
public comments or may provide I *r My Commission Expires
written comments to the City ; FO�a'�
Secretary's Office, 405 'Municipal %; o'll or duly y 31 31 , 2016
THE STATE OF T Dr.,;Kennedale, TX 76060, prior to -
Count of Tarrant the hearing. For additional infor
Y mation, please call Amethyst
Sloane City Secretary at ,
Before me, a Nota 817`985 2104 ld 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: BIDS & LEGAL D PT. STAR TELEGRAM
(817) 215 -2323
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, Ap , 014.
Notary Public AA
Thank You For Your Payment
---------------------------------------------
Remit To: Star - Telegram
P.O. BOX 901051
FORT WORTH, TX 76101 -2051
Customer ID: CIT33
Customer Name: CITY OF KENNEDALE
Invoice Number: 329749431
Invoice Amount: $239.22
PO Number:
Amount Enclosed: $