O561ORDINANCE NO. 5 61
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED;
REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY
OF KENNEDALE FROM "R2" SINGLE FAMILY RESIDENTIAL 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, Delia Vela, who has a proprietary interest in said property being an
approximately 1.98 acre tract in the Jesse Russell Survey A -1361, more particularly described
as Jesse Russell Addition Lot 4, Tarrant County, Texas, has filed an application to rezone
the property from its present classification of "R2" Single Family Residential district to "PD"
Planned Development district; and
WHEREAS, the City of Kennedale's comprehensive land use plan envisions the property in
question to permit land use and development of a commercial nature when such uses are
compatible with surrounding residential uses; 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 20 day of November 2014 and by the City Council of the City of
Kennedale on the 19 day of January 2015 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
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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 1.98 acre tract in the Jesse Russell Survey A -1361, more
particularly described as Jesse Russell Addition Lot 4, Tarrant County, Texas
( "the Property "), as more particularly described on Exhibit "A" attached hereto
and incorporated herein, from "R -2" Single Family Residential District to "PD"
Planned Development District ( "Russell PD "), as more fully described on the
Concept Plan, attached hereto as Exhibit "B" and incorporated herein.
SECTION 2.
The use of the Property shall be subject to the restrictions, terms and conditions set
forth in the Concept Plan, attached hereto as Exhibit "B ", and the Concept Plan is hereby
approved. The use of the Property shall further be subject to all other applicable regulations
contained in the Zoning Ordinance, the Subdivision Regulations, 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.
a. The only permitted uses in the "Russell PD" shall be:
i. Finance, Insurance, and Real Estate establishments including banks, credit
unions, real estate, and property management services;
ii. Offices for business, professional, administrative, and technical services such
as accountants, architects, lawyers, and other non - medical professionals, etc.;
iii. Offices for contractor uses, with outdoor storage limited to 50% of the land area
not occupied by a structure(s);
iv. Health / Medical Clinics providing outpatient care, including physician offices,
dentists, chiropractors, optometrists, etc., with no drive -thru facility (e.g., for
attached pharmacy, glasses pick -up, etc.);
V. Food Service Uses such as full - service restaurants, fast food establishments,
cafeterias, bakeries, and snack bars, with no drive -thru facility;
vi. Art galleries, and art, antique, or furniture studio (retail, repair or light
fabrication);
vii. Business associations and professional membership organizations;
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viii. Child day care and preschools;
ix. Civic uses;
X. Religious institutions;
A. Home occupations (in accordance with Kennedale city code Section 17 -423);
xii. Single family detached residential;
xiii. Single family attached residential;
xiv. Veterinary clinic;
xv. Park, playground, or open space, including detention or retention facilities.
b. Drive -thrus are prohibited.
2. Hours of operation. Operating hours for any business located within the Russell PD shall
not begin earlier than 5 AM and shall not cease later 10 PM. Deliveries, moving of heavy
equipment, equipment repairs, vehicle loading or unloading, or other similar activities shall
be permitted only between 7 AM and 9 PM.
3. Lot size. Lot size requirements shall be as follows.
Minimum Lot
Minimum Lot
Minimum Lot Area
Width
Depth
(in square feet)
(ft.)
(ft.)
Minimum
50
110
5,000
4. Lot coverage Lot coverage shall not exceed seventy (70) percent of the lot. 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. Setbacks. The Russell PD herein approved shall require the following minimum
setbacks:
6. Building height. Buildings shall not exceed a height of two and one half (2 %) stories, at
a maximum of forty (40) feet in height.
7. Building materials. All primary structures constructed after the date this ordinance is
adopted shall have exterior buildings materials of 80% masonry. All primary structures
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Side Setback
Side Setback
Front Setback
Rear Setback
Minimum —
Minimum —
Minimum
Minimum
R -o -W Adjacent
Interior
(ft.)
(ft.)
(ft.)
(ft.)
25
20
15
10
6. Building height. Buildings shall not exceed a height of two and one half (2 %) stories, at
a maximum of forty (40) feet in height.
7. Building materials. All primary structures constructed after the date this ordinance is
adopted shall have exterior buildings materials of 80% masonry. All primary structures
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existing at the date this ordinance is adopted shall have a masonry veneer applied to at
least 80% of the exterior facades within three (3) years after the date this ordinance is
adopted. "Masonry" shall be as defined in Kennedale City Code Section 17- 405(f).
8. Glazing. Any primary structure constructed after the date this ordinance is adopted shall
have a minimum of twenty percent (20 %) glazing and a maximum of sixty percent (60 %)
glazing on the front fagade and a minimum of ten percent (10 %) and a maximum of sixty
percent (60 %) glazing on at least one other side.
a. Any structure in existence at the time this ordinance is adopted shall comply with
the glazing requirements of this section at such time when the building is
expanded by more than twenty -five (25) percent or when an existing building is
renovated, repaired, remodeled, or has structural alterations, with costs for such
improvements having a value of more than fifty (50) percent of the value of the
building.
b. Ground floor glazing shall have a maximum sill height of four (4) feet.
9. Blank walls not permitted. For any structure constructed after the date this ordinance is
adopted, blank walls longer than sixty (60) feet are prohibited. For purposes of this
section, "blank wall' means any building wall that is a portion of a building wall or fagade
without a window or door or similar architectural feature and is over four feet in height
from ground level and longer than' 60 feet, as measured horizontally, without having a
window, door, building modulation or other similar architectural feature meant to lessen
the apparent bulk or massing of a structure.
10. Parking. Number of parking spaces and parking surfaces for vehicles shall be provided as
required by Kennedale city code.
11. Paving for equipment stored outside. Equipment stored outside shall be stored on a
paved, all- weather surface of asphalt or concrete as approved by city staff after review for
compliance with storm water and other applicable city regulations.
12. Size of trailers and equipment. No vehicle larger than a Class 3 pickup truck (as classified
by the Federal Highway Administration and illustrated in Exhibit "C, attached) shall be
stored on site at any time, and no trailer (of any kind: flatbed, tractor - trailer, RV -type, etc.)
larger than twenty -two (22) feet in length shall be stored on site at any time.
13. Landscaping. Landscaping shall be regulated by the Kennedale City Code except as
otherwise controlled by this ordinance.
a. Plants. Use of native or adaptive xeriscape plants is encouraged. Landscaping
shall be maintained in good condition.
b. Irrigation. Sprinkler systems should 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,
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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.
14. Screening. Any area outside of a structure where equipment or other materials are stored
shall be screened from view from all public street rights -of -way and adjacent properties
for the entire length of the property lines except for points of necessary access. Screening
shall be accomplished as follows.
a. Fencing. Within one year of the date this ordinance is adopted, a wooden
privacy fence or masonry screening wall shall be installed along the perimeter of
any area designated for outside storage. The fencing or screening wall shall be
approximately eight (8) feet in height, sufficient to screen all equipment to be
stored outside.
b. Landscaping. Within one year of the date this ordinance is adopted, landscaping
shall be installed along the perimeter of any area designated for outside storage
sufficient in height and width to screen any equipment, trailers, or other
materials that exceed the height of the screening wall or fence. Such
landscaping materials shall be maintained in good, living condition at all times.
Because smaller, younger plants are more likely to survive transplanting,
landscaping materials shall not be required to screen all equipment at time of
planting, however, materials shall be required to be of sufficient size to screen
materials and equipment stored outside within five (5) years of the date this
ordinance is adopted.
15. Sidewalks. Sidewalks are required within the Russell PD and shall be constructed when
new development occurs 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.
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a. Sidewalks shall be a minimum of five (5) feet in width.
b. For the purposes of this Code, "new development" means when an application is
filed for any new primary structure or when a building already existing when this
ordinance is adopted is expanded by more than twenty -five (25) percent or when an
existing building is renovated, repaired, remodeled, or has structural alterations,
with costs for such improvements having a value of more than fifty (50) percent of
the value of the building.
c. 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.
d. In lieu of constructing sidewalks at the time of development, the City may approve
placing funds for constructing the sidewalks into an escrow account to be used for
installing sidewalks at a later time, as approved by the City.
16. Lighting.
a. All luminaries used primarily for illuminating off - street parking areas, lighted
canopies for commercial uses, and similar lighting needs shall have a maximum
height of twenty (20) feet.
b. All luminaires used primarily for walkways, trails, security, decorative effects, lighting
equipment or storage areas, fountains, art work, building walls, or similar lighting
needs shall have a mounting height no higher than twelve (12) feet.
c. Light trespass shall be minimized; light levels at the property line should not exceed
2 footcandles (fc). Footcandle means the unit of measure expressing the quantity of
light received on a surface. One footcandle is the illuminance produced by a candle
on a surface one foot square from a distance of one foot.
d. Fixtures for decorative lighting must be selected, located, aimed, and shielded so
that direct illumination is focused solely on the building fagade, plantings, and other
intended site feature, and away from adjoining properties and the public street right -
of -way.
e. The operation of searchlights for advertising purposes is prohibited.
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,
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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.
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
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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 Imo` DAY OFa_ 2015.
APPROVED:
ATT &t�u EST
City Secretary
EFFECTIVE: 011,30115
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Mayor /
0 `I , D F . K 4
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MNNEDALE
Planning Department
wwwAtyofkenn edal e.co m
EXHIBIT "A"
Lot 4, Jesse Russell Addition, an addition to the City of Kennedale, Tarrant County, Texas, according to the plat
recorded in Cabinet B, Slide 1247, Plat Records, Tarrant County, Texas.
405 Municipal Drive, Kenneclale, TX 76060 1 Telephone: 817 -985 -7135 1 Fax: 817 -483 -0812
Exhibit "B"
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Exhibit "C"
Illustration from Traffic Recorder Instruction Manual,
Appendix A: Vehicle Classification Using FHWA 13- Category Scheme
published by Texas Department of Transportation (effective February 1, 2012),
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