2015_01.15 PZ Packet ic.
KENNEDALE
Planning and Zoning Commission
www.cityofkennedale.com
KENNEDALE PLANNING & ZONING COMMISSION
AGENDA
COMMISSIONERS - REGULAR MEETING
January 15, 2015
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 meeting dates for Planning &Zoning Commission Regular Meetings
C. Update on Employment Center District code
D. Update on Downtown Village and zoning code update
E. Discuss future items for consideration by the Planning &Zoning Commission
IV. REGULAR SESSION
V. CALL TO ORDER
VI. ROLL CALL
VII. MINUTES APPROVAL
A. Consider approval of minutes from 12.18.2014 Planning and Zoning Commission 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
A. Case PZ 14-10 Consideration of Ordinance approval regarding a request by the City of Kennedale
to amend Section 17-430(1) "Authorized Special Exceptions" and Section 17-431 "Definitions" of
Article VI "Zoning" of Chapter 17 "Planning and Land Development" of the Kennedale City Code to
authorize the Board of Adjustment to grant special exceptions for special functions in single family
residential districts.
B. CASE # PZ 14-12 Public hearing and consideration of Ordinance approval regarding a request by
Kennedale Economic Development Corporation for a zoning change for approximately 19.46 acres
from "AG"Agricultural district to "PD" Planned Development district at 1001 Corry A Edwards Dr, an
unaddressed parcel on Bowman Springs Rd, 1021 Bowman Springs Rd, & 1083 Bowman Springs
Rd, legal description of Woodlea Acres Addn Blk 1 Lots 18A, 18B, 19R, and 20R1.
1. Staff presentation
2. Public hearing
3. Staff summary and response
4. Action by the Planning &Zoning Commission
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 Amethyst Cirmo, City Secretary, at
817.985.2104 or(TDD) 1.800.735.2989
CERTIFICATION
I certify that a copy of the January 15, 2015, 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
s�;;, h ge a1 public at all times and said agenda was posted at least 72 hours preceding the schedule time of
s Chapter 551 of the Texas Government Code.
Rachel Roberts, Board Secretary
KENNEDALE
Planning and Zoning Commission
www.c rtyo f I<e n n e d a l e.co m
Staff Report to the Commissioners
Date:January 15, 2015
Agenda Item No: WORK SESSION-A.
I. Subject:
Discuss any item on the regular session agenda
II. Originated by:
Rachel Roberts, City Planner
III.Summary:
At this time,the Commission may discuss any item on the regular session agenda. If the applicant for a case is
present, you may ask the applicant for information, but you may not ask the applicant for changes to the
request until the applicant presentation during the regular meeting. You may not hold a public hearing or
receive input from the public at this time, and you may not take action on any regular session item.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
None
VIII.Alternative Actions:
IX. Attachments:
KENNEDALE
Planning and Zoning Commission
www.c rtyo f I<e n n e d a l e.co m
Staff Report to the Commissioners
Date:January 15, 2015
Agenda Item No: WORK SESSION- B.
I. Subject:
Discuss meeting dates for Planning&Zoning Commission Regular Meetings
II. Originated by:
Rachel Roberts, City Planner
III.Summary:
Now that the City Council has changed its regular meeting date to the third Monday of each month,the
Planning&Zoning Commission has an opportunity to change its meeting date to the second Thursday of each
month, which is the Council's former meeting date. The advantage of changing the meeting date is that it
would streamline the applicant timeline, because in most months, the Commission would vote on a case one
week and the Council would vote on it the next week. This timeline would make Kennedale more in line with
what other cities can offer applicants, since many of the cities in this region have planning and zoning
commissions and city councils that meet more than once a month.The disadvantage would be that applicants
have less time between the Commission and Council meetings to make changes to their plans, if needed.
Staff would recommend changing the to the second Thursday, but we are aware you may not be able to do so
since you may have already set your schedules for the year based on the expected meeting date of the third
Thursday of each month.And please note that you are not obligated to change your meeting date based on the
staff recommendation.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
VIII.Alternative Actions:
IX. Attachments:
KENNEDALE
Planning and Zoning Commission
www.c rtyo f I<e n n e d a l e.co m
Staff Report to the Commissioners
Date:January 15, 2015
Agenda Item No: WORK SESSION-C.
I. Subject:
Update on Employment Center District code
II. Originated by:
Rachel Roberts, City Planner
III.Summary:
The advisory committee for expanding the Employment Center District has been formed, and the first meeting
will be held in February. The Planning&Zoning Commission representatives are Ernest Harvey and Tom Pirtle.
If you have any concerns or suggestions for the Employment Center District code, please be sure to let them
know so they can represent your ideas at the advisory committee meeting.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
VIII.Alternative Actions:
IX. Attachments:
KENNEDALE
Planning and Zoning Commission
www.c rtyo f I<e n n e d a l e.co m
Staff Report to the Commissioners
Date:January 15, 2015
Agenda Item No: WORK SESSION- D.
I. Subject:
Update on Downtown Village and zoning code update
II. Originated by:
Rachel Roberts, City Planner
III.Summary:
As you are aware,the visual community survey for the Downtown Village will be held on January 27th (6 PM at
the Community Center). We should have preliminary results from the survey by the time you meet in February.
We are still writing the Request for Proposals for the zoning code update and hope to have the RFP published
early this year.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
None
VIII.Alternative Actions:
IX. Attachments:
KENNEDALE
Planning and Zoning Commission
www.c rtyo f I<e n n e d a l e.co m
Staff Report to the Commissioners
Date:January 15, 2015
Agenda Item No: WORK SESSION- E.
I. Subject:
Discuss future items for consideration by the Planning&Zoning Commission
II. Originated by:
Rachel Roberts, City Planner
III.Summary:
Under this agenda item,the Commission may notify staff of any items they would like placed on a future
agenda for discussion or consideration by the Commission. No action may be taken on these items at this time.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
None
VIII.Alternative Actions:
IX. Attachments:
KENNEDALE
Planning and Zoning Commission
www.c rtyo f I<e n n e d a l e.co m
Staff Report to the Commissioners
Date:January 15, 2015
Agenda Item No: MINUTES APPROVAL-A.
I. Subject:
Consider approval of minutes from 12.18.2014 Planning and Zoning Commission meeting
II. Originated by:
Katherine Rountree, Permits Clerk
III.Summary:
Review and approve minutes from 12.18.2014 Planning and Zoning meeting
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
Approve
VIII.Alternative Actions:
IX. Attachments:
1. 101.15.2015 PZ Minutes 112.18.2014 PZ Minutes Final.docx
ic
KENNEDALE
Planning and Zoning Commission
www.cityofkennedale.com
KENNEDALE PLANNING & ZONING COMMISSION
MINUTES
REGULAR MEETING
December 18, 2014
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
WORK SESSION - 6:00 PM
REGULAR SESSION - 7:00 PM
I. CALL TO ORDER
Mr. Harvey called the meeting to order at 6:04 P.M.
II. ROLL CALL
Commissioner Present Absent
Ernest Harvey x
Tom Pirtle x
Harry Browne x
Stephen Brim x
Katie McFadden x
Don Rawe x
Carolyn Williamson x
Alternates
Billy Gilley x
vacant
A quorum was present
Staff present: Rachel Roberts (city planner); Katherine Rountree (board secretary)
III. WORK SESSION
A. Update on the Downtown Village project
Ms. Roberts said the city will be holding a visual preference survey for the Downtown Village project on
January 7, 2015 at 6:00 P.M. in the Community Center. She said the consultant will be visiting businesses to
get their involvement, sending out letters to property owners, and posting the survey on the website. At the
meeting, the community will view images and rate them accordingly to what they would like to have in that
specific area.
B. Discuss any item on the regular session agenda
Ms. Roberts and Mr. Harvey went over several corrections in the proposed ordinance. The commission
discussed the special function request in residential communities and existing entities that this will affect.
C. Discuss any items to add to future agendas
The commission did not have time to discuss this item.
The work session ended at 7:04 P.M.
IV. REGULAR SESSION
V. CALL TO ORDER
Mr. Harvey called the meeting to order at 7:04 P.M.
VI. ROLL CALL
Commissioner Present Absent
Ernest Harvey x
Tom Pirtle x
Harry Browne x
Stephen Brim x
Katie McFadden x
Don Rawe x
Carolyn Williamson x
Alternates
Billy Gilley x
vacant
A quorum was present.
Staff present: Rachel Roberts (city planner); Katherine Rountree (board secretary)
VII. MINUTES APPROVAL
A. Consider approval of minutes from 11.20.2014 Planning and Zoning Commission meeting
Mr. Pirtle motioned to approve the minutes. The motion was seconded by Mr. Rawe and passed with all in
favor except Mr. Harvey, who abstained from voting.
VIII.VISITOR/CITIZENS FORUM
No one registered to speak
IX. REGULAR ITEMS
A. Case PZ 14-10 Public hearing and consideration of Ordinance approval regarding a request by the
City of Kennedale to amend Section 17-430(1) "Authorized Special Exceptions"and Section 17-
431 "Definitions"of Article VI "Zoning"of Chapter 17 "Planning and Land Development"of the
Kennedale City Code to authorize the Board of Adjustment to grant special exceptions for special
functions in single family residential districts.
1. Staff presentation
Ms. Roberts said that she would like to make several existing and future uses compatible with the city code
with suggested conditions. Mr. Harvey asked if City Council had any resolutions for existing properties. Ms.
Roberts said that Council did not have any suggestions and that the property owners are willing to comply
with conditions to stay in business.
2. Public hearing
No one registered to speak.
3. Staff summary and recommendation
Staff recommended approval with conditions.
4.Action by the Planning&Zoning Commission
Mr. Pirtle motioned to move the case to next month with the following discussion points:
(1) Number of events per year;
(2) Better definition of who can use the property for personal use and what counts as a special event
requiring a special exception and what does not;
(3) Requirements for parking for special events;
(4) Number of people permitted to attend an event;
(5) Ensure suitable requirements for lighting, screening, and noise;
(6) Consider using density in the area around the property as a basis for determining frequency of events
and number of people who can attend;
(7) Consider adding language to the ordinance that indicates special exception application will need to meet
all TABC requirements if alcohol will be served at the event;
(8) Consider adding language requiring that first special exception for granted for a maximum of one year,
which later special exception to be permitted for longer time periods;
(9) Clarify permitted hours of operation;
(10)Consider requiring special events facility operator(home owner)to get a permit (no fee) for each special
event, which would allow the City to keep track of how many events are held on a property.
The motion was seconded by Ms. Williamson and passed with all in favor except Mr. Harvey, who abstained
from voting.
B. Case PZ 14-11 Public hearing and consideration of Ordinance approval regarding a request by the
City of Kennedale to amend Section 17-421 "Schedule of uses and off-street parking requirements"of
Article VI "Zoning"of Chapter 17 "Planning and Land Development"of the Kennedale City Code and
Section 17-431 "Definitions"of Article VI "Zoning"of Chapter 17 "Planning and Land Development"of the
Kennedale City Code.
1. Staff presentation
Ms. Roberts gave an overview of the case and said that the proposed changes would affect future use of
properties but would not eliminate any current uses.
2. Public hearing
No one registered to speak.
3. Staff summary and recommendation
Staff recommended approval.
4. Action by the Planning&Zoning Commission
Mr. Pirtle motioned to approve as written. The motion was seconded by Mr. Rawe and passed with all in
favor except Mr. Harvey, who abstained from voting.
X. REPORTS/ANNOUNCEMENTS
City Hall will be closed on December 24 and 25, 2014 for the Christmas holiday.
XI.ADJOURNMENT
Mr. Brim motioned to adjourn. The motion was seconded by Mr. Browne and passed with all in favor except
Mr. Harvey, who abstained from voting.
The meeting adjourned at 8:05 P.M.
ic
KENNEDALE
Planning a nd Zoning Commission
www.c i tyo fke n n edale. o m Staff Report to the Commissioners
Date:January 15, 2015
Agenda Item No: REGULAR ITEMS-A.
I. Subject:
Case PZ 14-10 Consideration of Ordinance approval regarding a request by the City of Kennedale to amend
Section 17-430(1) "Authorized Special Exceptions" and Section 17-431 "Definitions" of Article VI "Zoning" of
Chapter 17 "Planning and Land Development" of the Kennedale City Code to authorize the Board of Adjustment
to grant special exceptions for special functions in single family residential districts.
II. Originated by:
Rachel Roberts, City Planner
III.Summary:
Request: amend two sections of the city code--definition and the list of special exceptions the Board of
Adjustment is authorized to grant
Location: n/a
Applicant: City of Kennedale
Background and overview.
The Commission considered this item and held a public hearing during its meeting in December. At that time,
the Commission voted to postpone making a decision on this case until its meeting in January.
This case was considered by the Commission during its meeting in December. At that time,the Commission
postponed action on the case and asked staff to provide more information to help the Commission in making
its decision and to improve the ordinance under consideration.The ordinance you are considering now
addresses the comments and concerns mentioned at the meeting in December. A summary of the changes to
the ordinance are described below.
Number of events authorized per year
The Commission felt that 4 events per year is too few, but 12 events is too many. Staff recommends
authorizing the Board of Adjustment to permit up to nine events per year, with no two events scheduled within
14 days of each other.
Number of people who may attend an event
Staff recommends this number be set by the Board based on a recommendation from the fire chief and the
building official,with the recommendation determined on a case-by-case basis (per property).The fire chief
and the building official regularly determine maximum occupancy rates as part of issuing certificates of
occupancy and are well-qualified to make a recommendation for these special events, but if the Commission
would prefer, you could add a "not to exceed" number to the ordinance.
Parking
The Commission was concerned about requiring paved parking for special events, given that for most of the
year the property would be used for single family residential purposes. However, it's difficult to justify not
requiring the property owners to meet the same regulations that everyone else (whether residential or
commercial use) is required to meet, especially considering that the special functions are not for personal use
but for commercial use.Therefore, staff cannot recommend waiving the requirement for paved parking. On the
other hand, since the properties would not be used for commercial purposes more than nine times per year(or
other number set by the Commission/Council in adopting the ordinance), staff believes the general welfare of
the city would not be negatively affected by a reduction in the number of paved parking spaces that would
normally be required.
Staff recommends that a minimum of 1 paved space be required for every 10,000 square feet of site area of a
property for which a special exception is requested. For comparison purposes, a park or playground is required
to have 1 space for every 2,000 square feet of site area, an amusement park requires 1 per 500 square feet,
and most retail stores require 1 per every 300-400 square feet (of building, not site area). Please note that
although the required number of parking spaces would be reduced,this ordinance would not permit parking on
grass or in required front yard areas. For example, if a property in an R-1 zoning district has 100 feet between
the property line and the house,the required,the first 50 feet from the property line could not be used for
parking, whether paved or unpaved. And in the remaining 50 feet, parking would be still be permitted on
paved surfaces only.
Screening
The proposed ordinance states that "adequate screening provided to protect the neighbors from adverse
effects of the special function." If this requirement is too vague, the Commission could consider adding
language incorporating the screening requirements already required between incompatible screening districts.
Modifying that language to fit this case,the requirement would be as follows.
Insofar as practical, screening must be erected, placed, grown and maintained along the common
boundary line of a property for which a special events special function is granted and adjoining
properties.This screening requirement shall be the responsibility of the owner of the property for which
the special exception is granted.
Such screening shall not be less than six(6)feet in height nor greater than eight (8)feet in height.
However, no fence, wall, or hedge on a corner lot shall have a height in conflict with the regulations
governing visibility at intersections as prescribed in Section 17-405(c)(6) of the Kennedale City Code.
Such screening shall also be in conformance with Article VIII of Chapter 4 of Kennedale City Code that
addresses fencing and screening.
For the Commission's reference, Section 17-405(c)(6) reads as follows.
Visibility at intersections required. On a corner lot, nothing shall be erected, placed, planted, or allowed
to grow in such a manner as materially to impede vision between a height of two (2) and one-half(2%)
feet to ten (10)feet above ground level extending thirty(30)feet from the corner intersection. Public
utility structures,traffic signs, or other items approved by the city manager are exempt from this
provision.
And for your reference,the section of Article VIII Chapter 4 related to incompatible zoning districts reads as
follows.
Sec. 4-211. -Same—Incompatible zoning districts. Insofar as possible, screening must be erected, placed,
and/or grown along the common boundary line of incompatible zoning districts before use is made of
the property. Before a building permit may issue for construction on property which is adjacent to
property which is zoned for a more restrictive use, as defined by section 17-425 of this Code,the
applicant shall construct or place screening along the common boundary line of the properties.The
screening fence shall be constructed of solid wood or masonry and shall be not less than six(6)feet in
height nor more than eight(8)feet in height. A person may plant large screening shrubs in lieu of
constructing a fence, if the screening shrubs meet the requirements set forth in section 17-431 of this
Code.
Lighting
Lighting is already addressed through the ordinance, but if the Commission feels this is insufficient, the
ordinance could adopt the lighting standards required for the Employment Center District, which is intended to
ensure lighting at new businesses is compatible with surrounding residential uses. If the Commission would like
this lighting standard to be added to the ordinance, you will need to include that statement in your motion. For
your reference,the section of the Employment Center District code is shown below.
Requirements for Exterior Lighting
A. Lighting for each property shall be designed for the context of traffic (automobile, bicycle, or
pedestrian) on the surface streets abutting the property, rather than for visibility from Interstate 20.
B. 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.
C. 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 fourteen (14)feet.
D. 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.
E. Fixtures for decorative lighting must be selected, located, aimed, and shielded so that direct
illumination is focused solely on the building facade, plantings, and other intended site feature, and
away from adjoining properties and the public street right-of-way.
F.The operation of searchlights for advertising purposes is prohibited between the hours of 9:00 P.M.
and 7:00 A.M.
NOTE: If these standards are incorporated into the ordinance for special functions, staff recommends
prohibiting the search lights entirely.
Noise
The City has noise nuisance standards in place already, which are incorporated into the proposed ordinance.
For example,the city's noise regulations prohibit the following activities.
(1)The playing of any radio, audio equipment or other musical instrument between the hours of 10:00 p.m.
and 7:00 a.m. in such manner or with such volume as to annoy or disturb the quiet, comfort, or repose of
persons of ordinary sensibilities in any dwelling.
(2)The use of any loudspeaker or amplifier.
An alternative is to require any applicant applying for more than, say, 4 events per year to file a sound
mitigation plan, subject to review and approval by the City, as part of the application for a special exception.
I've added language reflecting this concept to the proposed ordinance for your consideration.
Hours of operation
The proposed ordinance states that the Board of Adjustment will determine what the hours of operation shall
be. If the Commission would prefer,you can amend the ordinance to provide guidelines for hours of operation
(e.g.,the Board may not allow any event to run past 2 AM).
Consider using density in the area around the property as a basis for determining frequency of events and
number of people who can attend
City staff does not have the tools to accurately calculate the density of areas surrounding a particular parcel,
so specific standards based on density may not be possible. For example,the city may not be able to set a
standard that areas with a density of 5 dwelling units per acre shall have no more than 6 special events per
year. However, we can tell from building permit and plat information and from aerial imagery the general
developed character of an area, such as whether it's rural in character or more suburban. With that limitation
in mind, we could amend the ordinance to require the Board of Adjustment to consider density/population in
the surrounding area as part of the basis for how many special events are authorized per year, with more
events authorized for properties not located in well-developed parts of the city and with more people (and
therefore noise) also allowed in areas with little development.
When alcohol is provided at special events
The Commission wanted to be sure applicants for special exceptions are aware they have to meet TABC
regulations if alcohol is to be served at any special events held on their property. I've added language to the
proposed ordinance to address this item.
Permit for each event
Per the Commission's request, I have added a statement to the ordinance that a permit must be granted for a
special function before a special function may be held.
Initial special exception to be granted for no longer than one year
The Commission wanted the first special exception to be granted for no more than one year. In reviewing the
proposed ordinance, I saw that that requirement was already included in the ordinance, so this item has
already been addressed.
Clarify what counts as personal use of a property
The Commission wanted to make sure that it was clear that a property owner would be permitted to use their
property for personal use (e.g., hosting a party for a family member or friend)without having to get a special
exception. I've amended the definitions for special functions to better separate out the personal use from the
non-personal,which would require a special exception. Please note that even after P&Z review and approval,
the definition will be subject to change, as needed, based on recommendations from our attorney.
Staff recommends approval of the ordinance, as amended.
Action by the Planning&Zoning Commission.
The city code describes the Commission's role in requests to amend the zoning code [in Sec. 17-429(e)]: after
conducting a hearing, you shall report your recommendation to the City Council. You may recommend
approval or denial, with or without prejudice.
For your reference, sample motions are listed below.
* I make a motion to recommend approval of Case PZ 14-10.
* I make a motion to recommend approval of Case PZ 14-10, with the following changes to the ordinance{list
changes}.
* I make a motion to recommend denial of Case PZ 14-10.
* I make a motion to recommend denial of Case PZ 14-10, without prejudice.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
Approve
VIII.Alternative Actions:
IX.Attachments:
1.
PZ 14-10 ordinance (draft)
PZ 14-10 ordinance rev.docx
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 17, ARTICLE VI, "ZONING",
OF THE CODE OF ORDINANCES OF THE CITY OF KENNEDALE,
TEXAS, AS AMENDED, BY AUTHORIZING SPECIAL EXCEPTION
APPROVAL OF SPECIAL FUNCTIONS IN SINGLE FAMILY
RESIDENTIAL DISTRICTS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR
VIOLATIONS; PROVIDNG A SAVINGES 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 X1, Section 5 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, the City Council has determined that it is appropriate to amend the
Comprehensive Zoning Ordinance to allow a limited number of special functions at single family
residences within the City, subject to reasonable terms and conditions established by the Board
of Adjustment; and
WHEREAS, public hearings were held by the Planning and Zoning Commission of the
City of Kennedale, Texas, on December 18, 2014, and by the City Council of the City of
Kennedale, Texas, on 2015, with respect to the amendments described
herein; and
WHEREAS, all requirements of law dealing with notice and publication and all
procedural requirements have been complied with in accordance with the Comprehensive Zoning
Ordinance and Chapter 211 of the Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS:
SECTION 1.
Chapter 17, Article VI, Section 17-431 of the Kennedale City Code is hereby amended by
adding the following definition:
Special Function means a gathering, party or other event held on a limited occasion at a
single family residence, including but not limited to, wedding/anniversary receptions,
graduation/birthday parties, and benefits. Special Functions other than for persons or families
that reside at the residence shall only be allowed upon approval of a special exception by the
Page 1
Board of Adjustment. In no case shall a special exception be required for a person residing at the
residence to hold a special function for himself or another person residing at that residence, or
for a family member or personal friend of a person residing at the residence, provided that no fee
is charged or donation required as part of the special function.
SECTION 2.
Chapter 17, Article VI, Section 17-430 of the Kennedale City Code is hereby amended by
adding a new subsection (i)(3)to read as follows:
(i) Authorized special exceptions.
(3) Special Functions in Single Family Residential Districts. A special function as
defined in Section 17-431 may be permitted in an R-1, R-2 or R-3 Residential
District. The maximum term of initial special exception approval will be for a
period of one year. The special exception may thereafter be renewed for longer
periods of time if the use is in compliance with all applicable conditions. A
special function approval is subject to the following conditions:
a. Regardless of the granting of a special exception for special functions, no
special function shall be permitted unless the recipient of a special function
special exception has applied for and received a special function permit from
the City at least 14 days prior to any pecial function,
b. Maximum of feu nine events per year;
c. The Board of Adjustment shall designate the maximum number of persons
allowed per function based on the recommendation of the building official or
fire department on a case by case basis;
d. Each function may only occur during hours specifically prescribed by the
Board;
e. Parking shall be in compliance with Section 17-424. Parking in the yard is
prohibited. The number of paved parking spaces required shall be set by
Board of Adjustment, with a minimum of one paved space required per
10,000 square feet of site area of the property for which the special exception
is to be granted;
f. Applicant must send notice of each function to adjacent property owners and
to the City at least 10 days in advance of the special function;
g. Adequate screening is provided to protect the neighbors from adverse effects
of the special function;
h. The special function shall not create noise levels that are in violation of City
noise regulations. No single event maximum sound disturbance shall exceed
70db, measured from the property line. In addition, the owner of any property
on which more than four special events per starting from the date the
special exception is granted) is permitted to be held shall be required to
submit a sound mitigation plan under Section 15-158 of the Kennedale City
Code, as approved by City staff, as part of the special exception application;
i. There must be at least 14 days between special functions;
Page 2
j. If alcohol is to be served at a special function, the property owner shall submit
to the City documentation that appropriate permissions from the Texas
Alcoholic Beverage Commission have been received, with the documentation
to be submitted at least three days before the special function;
k. Special exceptions for special events shall only be granted to non-profit
organizations or for events for which all proceeds benefit a non-profit
organization. The applicant for a special exception for special functions shall
submit documentation with the application sufficient to demonstrate that the
special event will meet this requirement, and
1. Such other reasonable terms and conditions as may be prescribed by the Board
of Adjustment to assure that the special function will not unreasonably impact
the use and enjoyment of adjoining properties.
The Board shall have the authority to revoke the special exception upon a
determination that the special functions are being conducted in a manner that
adversely impacts the use and enjoyment of adjoining properties.
SECTION 3.
This Ordinance shall be cumulative of all other ordinances of the City of Kennedale, and
shall not repeal any of the provisions of such ordinance except in those instances when
provisions of such ordinances are in direct conflict with the provisions of this ordinance, in
which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, 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 5.
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 6.
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 zoning that have accrued at the time of
the effective date of this Ordinance; and, as to such accrued violations and all pending litigation,
Page 3
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 7.
The City Secretary of the City of Kennedale is hereby directed to publish in the official
newspaper of the City of Kennedale the caption, penalty clause, publication clause and effective
date clause of this ordinance as provided by Section 3.10 of the Charter of the City of Kennedale.
SECTION 8.
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 day of , 2014.
MAYOR
Page 4
Attest:
CITY SECRETARY
Effective Date:
Approved As To Form And Legality:
CITY ATTORNEY
Page 5
KENNEDALE
Planning and Zoning Commission
www.c rtyo f I<e n n e d a l e.co m
Staff Report to the Commissioners
Date:January 15, 2015
Agenda Item No: REGULAR ITEMS- B.
I. Subject:
CASE#PZ 14-12 Public hearing and consideration of Ordinance approval regarding a request by Kennedale
Economic Development Corporation for a zoning change for approximately 19.46 acres from "AG" Agricultural
district to "PD" Planned Development district at 1001 Corry A Edwards Dr, an unaddressed parcel on Bowman
Springs Rd, 1021 Bowman Springs Rd, & 1083 Bowman Springs Rd, legal description of Woodlea Acres Addn Blk
1 Lots 18A, 18B, 19R, and 20R1.
1. Staff presentation
2. Public hearing
3. Staff summary and response
4. Action by the Planning&Zoning Commission
II. Originated by:
Rachel Roberts, City Planner
III.Summary:
Request: rezone from AG to PD
Location:various properties on Bowman Springs, near intersection with Corry A Edwards Dr
Applicant: City of Kennedale
Surrounding land uses: commercial, industrial, educational, residential (see attached map)
Background.
The properties in question are zoned Agricultural and are identified in the Future Land Use Plan as
Neighborhood, Park&Open Space, and School (see attached excerpt from the Future Lane Use Plan). Several
of the properties are undeveloped. The property located at 1021 (Lot 20R1) Bowman Springs Rd is owned by
and is in use by Fellowship Academy, a private school. The property at 1083 Bowman Springs was acquired by
the City of Kennedale as part of the Bowman Springs Rd realignment, and the remaining, unneeded portion was
later conveyed to the Kennedale Economic Development Corporation, its current owner. The property at 1001
Corry A Edwards is in use as a residence, and the unaddressed parcel is classified by Tarrant Appraisal District as
vacant commercial.
Suitability of Existing Zoning
The surrounding land uses are a blend of residential, commercial, and industrial. The largest property
included in the rezoning request(recently replatted; shown on your map as two lots) is already developed with
a private school. Of the remaining three parcels, only one could meet the size requirements for keeping of
livestock. And although these parcels are permitted to be used for farming (no livestock),their small size
makes it unlikely they would be used for any kind of farming other than hobby farming incidental to other uses.
In addition, due to the location of these properties,they are unlikely to be developed for residential use.
Bowman Springs is a busy thoroughfare not designed for residential frontage, and moreover, most of the
properties are surrounded by or abut non-residential uses. For example,the unaddressed property on
Bowman Springs is between a school and an industrial complex. 1001 Corry A Edwards is across the street from
the junior high, across the street from Fellowship Academy, and next to a church. 1083 Bowman Springs is
located at an intersection between a residential and non-residential street, and the kind of traffic generated on
Bowman Springs makes this property unattractive for residential use. And unlike the undeveloped property on
the other corner across Corry A Edwards (Emerald Crest, a 5-lot, undeveloped subdivision),this property does
not abut a residential subdivision, which would help lend a residential feel to the property. If theses properties
were large, it might be possible to develop a small residential subdivision in a way that would be buffered from
the major street and surrounding non-residential uses, but the size of these properties greatly limits that
option.
Staff Review.
Compliance with Comprehensive Land Use Plan.
The comprehensive land use plan describes the Neighborhood and Park&Open Space categories as follows
(excerpts).
Neighborhoods
This district is primarily residential in nature. Neighborhoods should have defined boundaries, a clear
center, and be easily accessible to day-to-day goods and services, such as those provided at
Neighborhood Villages.
Park&Open Space
Parks and Open Space follow Kennedale's "green infrastructure" system—a composite of the city's
existing and new parks, open spaces, and linear greenways along the creeks and floodplain corridors in
the city.The greenways offer an opportunity to enhance the city's recreational and transportation
networks by connecting parks, neighborhoods, and destinations throughout the community.
The proposed ordinance would continue to allow single-family residential as a permitted use, but it would
also allow for commercial uses that fit the surrounding educational uses (Kennedale Junior High and Fellowship
Academy). Such uses would fit with the neighborhood character of surrounding properties and would be
compatible with nearby parks and open spaces, as well.
Compliance with the strategic plan.
One recommendation from the strategic plan relates to this rezoning request, albeit indirectly. The plan
describes the need for a community recreation center and recommends that steps be taken to establish a
youth recreation center in Kennedale. While this rezoning would not create a recreation center, it could
facilitate attracting a recreation center through establishment of a district meant for this kind of use.
Compliance with City Council priorities.
The Council's priorities do not directly address this case, but at least two of the Council's priorities relate to
the rezoning request. Leverage resources is one of the Council's financial goals; if the rezoning leads to
development of an after-school facility of some sort,the City may be able to partner with the business to
provide a youth recreation center, boys' or girls' club, or similar facility. Of course,this depends on a relevant
business opening in Kennedale, but the establishment of the requested PD could help the City's economic
development efforts to attract this kind of business. And encouraging after-school and educational uses fits
with another Council goal, Be Family Oriented.
Staff Recommendation.
Staff considers this rezoning request to be in compliance with the comprehensive land use plan. While the
City is required to be guided by the comprehensive land use plan in making decisions on rezoning requests, it is
not required to strictly follow the boundaries of the character districts shown in the Future Land Use Plan.
These boundaries are guidelines, and while they are not to be taken lightly,the City is allowed some flexibility
in interpreting them in cases such as this--when the character districts indicated in the FLUP are not in line
with what is really feasible. Given the size of the properties in question and their location, development as
residential neighborhoods or parks is unrealistic.The proposed planned development district allows for single
family residential use, in keeping with the Neighborhood character district, but it also allows for more feasible
non-residential uses.The restricted list of permitted uses helps to ensure compatibility with surrounding
residential and educational uses.
Staff recommends approval.
Action by the Planning&Zoning Commission.
The city code describes the Commission's role in requests for rezoning [in Sec. 17-429(e)]: after conducting a
hearing, you shall report your recommendation to the City Council. You may recommend approval or denial,
with or without prejudice.
For your reference, sample motions are listed below.
* I make a motion to recommend approval of Case PZ 14-12.
* I make a motion to recommend approval of Case PZ 14-12, with the following changes to the ordinance{list
changes}.
* I make a motion to recommend denial of Case PZ 14-12.
* I make a motion to recommend denial of Case PZ 14-12, without prejudice.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
Approve
VIII.Alternative Actions:
IX. Attachments:
1. PZ 14-12 map showing site of request PZ 14-12 site of request.pdf
2. PZ 14-12 aerial view PZ 14-12 aerial view compressed.pdf
3. PZ 14-12 surrounding land uses PZ 14-12 surrounding land uses.pdf
4. State Use Codes TAD state use codes.pdf
FLUP excerpt jPZ 14-12 FLUP excerpt.pdf
PZ 14-12 ordinance (draft) jPZ 14-12 ordinance (draft).docx
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A RESIDENTIAL F COMMERCIAL/INDUSTRIAL
Al Single-Family F1 Commercial
A2 Mobile Homes F2 Industrial
A3 Condominiums F3 Billboards
A4 Townhomes
A5 Planned Unit Development (PUD) G OIL/GAS/MINERAL RESERVES
A9 Interim use IG11 Oil/Gas/Mineral Reserves
B RESIDENTIAL J UTILITIES
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B2 Duplex J2 Gas Companies
B3 Triplex J3 Electric Companies
B4 Quadraplex J4 Telephone Companies
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E3 Other Improvements 02 Improved
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ORDINANCE
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED;
REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY
OF KENNEDALE FROM "AG" AGRICULTURAL 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, the Future Land Use Plan of the comprehensive land use plan designates
character districts, with certain areas designated as Neighborhood or Park& Open Space; and
WHEREAS, certain properties within these character districts located near schools or other
commercial or industrial uses are not suitable for residential or park use but are suitable for
educational and related uses; and
WHEREAS, the City Council has determined that a planned development zoning district
would allow for suitable development of these properties in keeping with the goals and intent of
the comprehensive land use plan and compatible with existing surrounding residential land
uses; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the
City of Kennedale on the 1 5th day of January 2015 and by the City Council of the City of
Kennedale on the 19th 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
WHEREAS, the City Council does hereby deem it advisable and in the public interest to
1
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 19.46 acre tract in the J Prickett Survey, more particularly
described as Woodlea Acres Addn Blk 1 Lots 18A, 1813, 19R, 20R1, Tarrant
County, Texas ("the Property"), as more particularly described on Exhibit "A"
attached hereto and incorporated herein, from "AG" Agricultural District to
Planned Development District 14-12 ("PD 14-12") for residential and
educational-related uses.
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 "C-1" General Commercial 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 "PD 14-12" shall be:
a. single family detached residential;
b. guest house, subject to the requirements under Section 17-421 of the Kennedale
City Code and any other applicable regulations;
c. accessory building;
d. park, playground, or open space, including detention or retention facilities;
e. kindergarten or pre-kindergarten;
f. elementary, middle, or high school (public or private);
g. child day care;
h. after school care;
i. tutoring or learning center,
j. gymnastics facility, where persons under the age of 18 are the primary users;
k. gymnasium, where persons under the age of 18 are the primary users; and
I. dance instruction, where persons under the age of 18 are the primary users.
2
2. Lot size. Lot size requirements shall be as follows.
Minimum Lot Minimum Lot Minimum Lot
Lot Type Width Depth Area
(feet) (feet) (square feet)
Residential 75 100 8,750
Non- 50 100 5,000
residential
3. Lot coverage. Lot coverage shall not exceed sixty (60) 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.
4. Minimum livable area. The minimum livable area for all primary residential structures is
1,250 square feet.
5. Setbacks. The Hilltop PD herein approved shall require the following minimum
setbacks:
Front Setback Side Setback
Side Setback
Minimum (ft.) Rear Setback Minimum—
Lot Type Minimum-
- primary Minimum (ft.) R-o-W Adjacent
structure (ft) Interior(ft.)
Residential 25 20 15 8
Non-residential* 10 10 15 8
*Where a new commercial structure is proposed to be built on a lot adjoining a property
with an existing residence as the primary use, the setbacks for non-residential use shall
be as follows for the property line adjoining the residential use. For the sides of the
property not adjoining an existing residential primary use, the setbacks shall be as shown
above.
a) Rear setback: 25 feet
b) Side setback(interior): 20 feet
6. Building height. Buildings shall not exceed a height of two and one half (2 %2) stories,
at a maximum of forty-five (45) feet in height.
7. Building materials. All primary structures shall be constructed of stone, 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. All
primary structures shall use a minimum of 80% masonry.
3
8. Pedestrian-oriented entrance. The primary entrance for primary structures shall be
oriented toward the street, whenever feasible. If site design constraints require a primary
entrance to be oriented toward an off-street parking area rather than a public street, a
pedestrian-oriented entrance shall be provided on at least one street-facing side of the
building (at least one side of the building not oriented toward the off-street parking area).
The entrance shall provide a connection to the closest street or sidewalk (or a farther
street/sidewalk if another street or sidewalk is more pedestrian-oriented).
9. Glazing. Primary structures shall have a minimum twenty percent (20%) glazing and a
maximum of sixty percent (60%) glazing on at least one (1) elevation and a minimum
ten percent (10%) glazing (60% maximum) on at least one (1) other elevation.
10. Parking for residential use. Parking spaces for at least two (2) motor vehicles shall be
provided in an enclosed garage for any single family dwelling constructed within PD 14-
12. Front-entry garages are prohibited. J-swing garages that accommodate more than
two (2) vehicles are prohibited.
11. Blank walls not permitted. Blank walls longer than sixty (60) feet are prohibited for any
wall visible from a public street. For purposes of this ordinance, "blank wall' means any
building wall that is a portion of a building wall or facade 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.
12. Landscaping. Landscaping shall be regulated by the Kennedale City Code except as
otherwise controlled by this ordinance.
a. Lawns. All residential lots shall have sodded front and rear lawns and shall be fully
sprinklered.
b. Plants. Use of native or adaptive xeriscape plants is required for all new
development permitted after the date the ordinance is adopted.
c. 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,
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
4
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.
13. 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 fourteen (14) 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 facade, 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.
14. Sidewalks. Sidewalks are required and shall conform to the Kennedale City Code, the
Kennedale Public Works Design Manual, and any other applicable city regulations or
requirements. Notwithstanding the requirements of Kennedale City Code and other
applicable requirements, 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.
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
5
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.
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
6
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 19TH DAY OF JANUARY 2015.
APPROVED:
Brian Johnson, Mayor
ATTEST:
Leslie Galloway, City Secretary
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney
7
Exhibit A
Legal Description
Tract 1:
Woodlea Acres Addition, Block 1, Lot 20R1, conveyed to Fellowship Academy by Warranty
Deed filed on May 26, 2011, instrument number D211124250, by Warranty Deed filed on July
3, 2014, instrument number D214141700.
Tract 2:
Woodlea Acres Addition, Block 1, Lot 19R, conveyed to the Kennedale Economic
Development Corporation by Warranty Deed filed on January 11, 2013, instrument number
D213009152.
Tracts 3 & 4:
Woodlea Acres Addition, Block 1, Lots 18A & 18B, conveyed to Mychele Tran and Hiep
Nguyen by Warranty Deed filed on November 1, 2007, document number D207391013, save
and except that portion acquired by the City of Kennedale for right-of-way.
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