2015_03.19 PZ Packet j('
KENNEDALE
Planning and Zoning Commission
www.cityofi(ennedale.com
KENNEDALE PLANNING & ZONING COMMISSION
AGENDA
COMMISSIONERS - REGULAR MEETING
March 19, 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 Employment Center district code
C. Discuss possible senior housing development on New Hope Rd
D. Discuss the use of overlay districts as a step toward implementing the
comprehensive plan
E. Discuss Items for Future Consideration
IV. REGULAR SESSION
V. CALL TO ORDER
VI. ROLL CALL
VII. MINUTES APPROVAL
A. Consider approval of minutes from 02/19/2015 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 15-03 Public hearing and consideration of Ordinance approval
regarding a request by the City of Kennedale for a zoning change from "C-2"
General Commercial district to "OT" Old Town district for approximately 1.15 acres
at 400 North Rd, legal description of Jacob Prickett Survey A-1225 Tract 3A.
1. Staff Presentation
2. Public Hearing
3. Staff Response & Summary
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 the City Secretary at 817.985.2104 or (TDD)
1.800.735.2989
CERTIFICATION
I certify that a copy of the March 19, 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 readily accessible to the general public at all times and said agenda was posted at least 72 hours preceding
the schedule time of said meeting,in accordance with Chapter 551 of the Texas Government Code.
Rach I Roberts, Board Secretary
ic
KENNEDALE
Planning and Zoning Commission Staff Report to the Commissioners
www.c ityofltenned�le.com
Date: March 19, 2015
Agenda Item No: WCW=OIV-A.
I. Subject:
Discuss any item on the F;bgular Sassion agenda
Ill. Originated by:
III. Summary:
Under this agenda item, the Commission may discuss any item(s)on the Fbgular Sassion agenda. You
may not take any action on the item(s), and no public hearing may be held.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
None
VIII. Alternative Actions:
IX. Attachments:
ic
KENNEDALE
Planning and Zoning Commission Staff Report to the Commissioners
www.c ityofltenned�le.com
Date: March 19, 2015
Agenda Item No: WCW=OIV- B.
I. Subject:
Discuss Employment Center district code
Ill. Originated by:
III. Summary:
The City isworking with a consultant to update and expand the Employment Center district code.
Under this agenda item, the Commission may let Mr. Harvey and Mr. Pirtle know of any issuesor
concerns it would like to see addressed through the update to the district code. Mr. Harvey and Mr.
Pirtle are the Commission's representatives on the advisory committee for updating the Code.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
VIII. Alternative Actions:
IX. Attachments:
ic
KENNEDALE
Planning and Zoning Commission Staff Report to the Commissioners
www.c ityofltenned�le.com
Date: March 19, 2015
Agenda Item No: WCW=OIV- C
I. Subject:
Discuss possible senior housing development on New Hope Rd
111. Originated by:
Rachel Fbberts, City Planner
III. Summary:
City staff have met with a developer interested in building senior housing under the state'stax credit
program. He is interested in an approximately 24-acre site located next to S:)nora Park(332 SNew
Hope Rd). If the developer's application is approved by the state, the developer will pursue a rezoning
request for the property from R-3 Sngle family to a planned development district. The City Council
recently approved a resolution in support of the developer's application to the state.
Astentatively planned so far, the development would include single-story buildings made up of
mostly 1-bedroom units(92 units), with some 2-bedroom units(22 units of 2 bedrooms each). The
units would be held by one owner and rented out to residents 55 years of age and older (not
individually owned).
Staff would like input from the Commission on standards it would like to see incorporated into the
district regulations if the rezoning request movesforward. For example, would you like the
regulationsto include standards on connectivity and walkability?I assume you would like the current
80%masonry requirement to be retained, but please let me know if this assumption is incorrect.
What development issueswould you like to see addressed through the planned development district
regulations?
Please note that while I would like as much feedback from you as possible, the rezoning is dependent
on state approval. If the state does not approve the tax credit application, the rezoning request will
not go forward, so a detailed discussion may not be necessary at thistime. In addition, if the rezoning
request were to go forward, the City Council would also review and approve a separate Oty-
Developer Agreement, which would lay out certain development responsibilities for the developer.
These responsibilities typically relate to improvements such as streets, sidewalks, and storm water
facilities.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
None
VIII. Alternative Actions:
IX.Attachments:
1. R--solution 444 JR444.pdf
i
i
c
CITY OF KENNEDALE, TEXAS
RESOLUTION NO.444
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE,TEXAS
REGARDING KENNEDALE SENIORS AT S.NEW HOPE RD FOR SUPPORT,
REVITALIZATION EFFORTS,AND LOCAL POLITICAL SUBDIVISION FUNDING
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WHEREAS, Kennedale Seniors, Ltd has proposed a development for a Senior-only
affordable unit complex located on 332 S. New Hope Rd,named Kennedale Seniors, in
the city of Kennedale, Tarrant County, Texas;
WHEREAS, Kennedale Seniors, Ltd has advised that it intends to submit an application
to the Texas Department of Housing and Community Affairs (TDHCA) for 2015
Competitive 9% Housing Tax Credits for Kennedale Seniors;
WHEREAS, Chapter 380 of the Texas Local Government Code authorizes municipalities
to administer programs to establish and provide for the making of loans and grants of
public funds for the purpose of promoting state and local economic development and to
stimulate business and commercial activity in the municipality;
It is hereby RESOLVED, that the City of Kennedale, acting through its governing body,
hereby confirms that it supports the proposed development of Kennedale Seniors located
on 332 S New Hope Rd in the City of Kennedale, Tarrant County, Texas and its
application to the TDHCA.
V
FURTHER RESOLVED,that the city of Kennedale, acting through its governing body, t
hereby confirms that the proposed Kennedale Seniors development located on 332 S New
Hope Rd, Kennedale, Texas most significantly contributes to the concerted revitalization
efforts of the City of Kennedale and
u
FUTHER RESOLVED, that the City of Kennedale, acting through its Governing Body,
will through a development agreement provide off-site street and utility line extensions in
excess of One Hundred Thirty Nine Thousand($139,000) to serve the proposed
Kennedale Seniors development located on 332 S.New Hope Road, Kennedale, Texas.
4
FURTHER RESOLVED,that the funds committed by the City of Kennedale for this
project shall not be funds passed through by the Applicant, Developer, Consultant,
Related Party, or any entity acting on behalf of the proposed Application; C
FUTHER RESOLVED,that for and on behalf of the Governing Body, Mayor Brian
Johnson is hereby authorized, empowered, and directed to certify these resolutions to I'
TDHCA. This formal action has been taken to put on record the opinion expressed by
the City of Kennedale on 16th day of February, 2015.
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PASSED AND APPROVED by the City Council of the City of Kennedale, Texas on the
16th day of February, 2015.
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Brian Johnson, or
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Leslie Galloway, City Secret,4y ,oi�0 IO U N ;e``%"
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APPROVED AS TO FORM AND LEGALITY:
Wayne K. Olson, City Attorney
ic
KENNEDALE
Planning and Zoning Commission Staff Report to the Commissioners
www.c ityofltenned�le.com
Date: March 19, 2015
Agenda Item No: WCW=OIV- D.
I. Subject:
Discussthe use of overlay districts as a step toward implementing the comprehensive plan
111. Originated by:
Rachel Fbberts, Oty Planner
III. Summary:
Asthe Commission isaware, we are in the processof selecting a consultant to help the Oty update
the zoning code . The process of updating the code is expected to take at least a year. In the
meantime, any new development will take place under the existing zoning code. Our current code,
though, does not encourage development that fits the city's long-term vision as described in the
comprehensive land use plan.
Would the Commission consider recommending adoption of overlay districtsasa stop-gap measure
before the zoning code can be updated?These districtswould be restricted to areaswhere form is
especially important, such as Neighborhood Villagesand Urban Villages.And the additional
regulations adopted through the overlay districtscould be limited tojust afew keyform-related
regulations, such as requiring parking behind or beside the main buildingsor prohibiting blank walls
over acertain size. Other requirementsyou might consider are:
* prohibiting some of the commercial usesthat are permitted in commercial districts but are not
compatible with existing nearby residential uses; examples include truck washes, contractor yards,
and cabinet shops
• providing maximum and minimum setbacks
• requiring bicycle parking
• requiring sidewalksof at least 5 feet in width, rather than 4 feet
• setting minimum glazing requirements
• setting a maximum height or upper floor stepback requirement for commercial uses built next to
existing residential uses
* requiring main entriesfor buildingsto have a pedestrian-oriented entrance.
While the overlay district would adopt some of the regulations the Commission has proposed during
itsworkon Neighborhood and Urban Villages, it would not include the full set of regulations discussed
before, since the codesfor these character districtswill be more fully written during the code update
process.
At the meeting, please give me your comments on this concept.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
None
VIII. Alternative Actions:
IX. Attachments:
ic
KENNEDALE
Planning and Zoning Commission Staff Report to the Commissioners
www.c ityofltenned�le.com
Date: March 19, 2015
Agenda Item No: WCW=OIV- E
I. Subject:
Discuss Itemsfor Future Consideration
Ill. Originated by:
III. Summary:
Under this agenda item, the Commission discusseswhat work session itemsyou would like to see on
future agendas.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
None
VIII. Alternative Actions:
IX. Attachments:
ic
KENNEDALE
Planning and Zoning Commission Staff Report to the Commissioners
www.c ityofltenned�le.com
Date: March 19, 2015
Agenda Item No: MINUTESAPPROVAL-A.
I. Subject:
Consider approval of minutesfrom 02/19/2015 Planning and Zoning Commission meeting
Ill. Originated by:
Kat heri ne Fbu nt ree, Permits Clerk
III. Summary:
Minutes approval for 02/19/2015
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
Approve
VIII. Alternative Actions:
IX.Attachments:
1. 102/19/2015 102.19.2015 Minutes Final.docx
ic
KENNEDALE
Planning and Zoning Commission
www.cityofl(ennedale.com
KENNEDALE PLANNING & ZONING COMMISSION
MINUTES
COMMISSIONERS - REGULAR MEETING
February 19, 2015
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 6:17 P.M.
II. ROLL CALL
Commissioner Present Absent
Ernest Harvey X
Tom Pirtle X
Harry Browne X
Stephen Brim X
Vacant
Don Rawe X
Carolyn Williamson X
Alternates
Billy Gilley X
vacant
A quorum was present.
Mr. Gilley was asked to join the commission as a regular member.
Mr. Browne joined the commission at 6:30 P.M.
Staff present: Rachel Roberts (city planner); Katherine Rountree (board secretary)
III. WORK SESSION
A. Update on Status of Plat Application for Hilltop Development
Ms. Roberts discussed the status of the application and said that the developers are currently revising
plans.
B. Update on Downtown Village project
Shai Roos, with SJR Planning, presented the community input results to the commission for the survey
that was given to high school students and at the town hall meeting for residents. Ms. Roos would like to
meet with the commission during a work session to discuss ideas for boundaries and uses for the
Downtown Village on March 2, 2015 at 6:00 P.M. The commission agreed to meet at that time.
C. Discuss Any Item on the Regular Session Agenda
The commission did not have time to discuss this item.
D. Discuss Meeting Dates for Planning &Zoning Commission Regular Meetings
The commission did not have time to discuss this item.
E. Discuss Items for Future Consideration
Mr. Harvey said that at the next Planning and Zoning meeting, he would like to revise the signs code
and edit what is in place regarding height and allow approval of plans at staff level for the Employment
Center Code.
The work session ended at 7:00 P.M.
The work session reopened at 8:05 P.M.
The work session ended at 8:14 P.M.
IV. REGULAR SESSION
V. CALL TO ORDER
Mr. Harvey called the meeting to order at 7:11 P.M.
VI. ROLL CALL
Commissioner Present Absent
Ernest Harvey X
Tom Pirtle X
Harry Browne X
Stephen Brim x
Vacant
Don Rawe X
Carolyn Williamson x
Alternates
Billy Gilley X
vacant
A quorum was present
Mr. Gilley was asked to join the commission as a regular member.
Staff present: Rachel Roberts (city planner); Katherine Rountree (board secretary)
VII. MINUTES APPROVAL
A. Consider approval of minutes from 01.15.2015 Planning and Zoning Commission meeting
Mr. Pirtle motioned to approve. Mr. Browne seconded. The motion passed with three members voting in
favor and Mr. Harvey and abstaining. Mr. Rawe abstained because he wasn't at the previous meeting.
VIII.VISITOR/CITIZENS FORUM
No one signed up to speak
IX. REGULAR ITEMS
A. CASE# PZ 15-01 Public hearing and consideration of Ordinance approval regarding a request by
Wal-Mart Stores, Inc. for a zoning change from"C-0" Retail commercial district to "C-1" Restricted
commercial district for approximately 1.014 acres at 4850 US 287 Hwy, legal description of
Southwest Crossing Addition Block 1 R Lot 2.
1. Staff presentation
Ms. Roberts said that when the Wal-Mart property was proposed to for development, Wal-Mart had
indicated to the city that all pad sites would be used for retail use but then sold one pad site to a bank.
The City then rezoned this lot to "C-0" Retail commercial to ensure that it would be used for retail.
Wal-Mart is now requesting the rezoning to "C-1" Restricted commercial to allow a convenience store
with gas sales on the property.
2. Applicant presentation
David Van Leer, with Cochran Engineering, spoke on behalf of Wal-Mart. Wal-Mart wants to develop
a convenience store and gas station. Mr. Van Leer stated that this is the only remaining "C-0" Retail
commercial zoning that is left. He stated that Wal-Mart is currently working on new plans to develop
this specific lot to conform to a "C-1" zoning. Mr. Harvey said that he believes the specific lot in
question is too small to suit the use being presented and that the traffic coming through the location
would be impacted and congested.
3. Public hearing
No one registered to speak.
4. Applicant response
No one signed up to speak
5. Staff response and summary
Staff recommended approval but added that if this location is rezoned and Wal-Mart decides not to
develop it, then any "C-1" Restricted commercial use can go there.
6. Action by the Planning &Zoning Commission
Mr. Browne motioned to deny the zoning change. The motion was seconded by Mr. Pirtle and
passed with all in favor to deny except Mr. Harvey, who abstained from voting. The final decision will
move to City Council with the commission's recommendation to deny the motion.
X. REPORTS/ANNOUNCEMENTS
Ms. Roberts said she posted a Request for Qualifications online to hire a consultant for the zoning code
update.
Ms. Roberts said that the historical society will have a pie eating contest at the Art in the Park Brickworks
festival on April 18, 2015 at 2:00 P.M.
XI. ADJOURNMENT
Mr. Pirtle motioned to adjourn. The motion was seconded by Mr. Rawe and passed with all in favor except
Mr. Harvey, who abstained from voting.
The meeting adjourned at 8:05 P.M.
icStaff Report to the Commissioners
Planning and Zoning Commission
www.cityofi(ennedale.com
Date: March 19, 2015
Agenda Item No: REGULAR ITEM S-A
I. Subject:
Case#PZ 15-03 Public hearing and consideration of Ordinance approval regarding a request by the City of
Kennedale for azoning change from"G2" General Commercial district to"OT' Od Town district for approximately
1.15 acres at 400 North Rd, legal description of Jacob Prickett Sirvey A-1225 Tract 3A.
1. Elaff Presentation
2. Public Hearing
3. Elaff F;L-sponse& Simmary
4.Action by the Planning&Zoning Commission
11. Originated by:
F?achel Fbberts, Oty Planner
Ill. Summary:
Request: rezone from"G2" to"OT'
Location:400 North Rd (corner of North Fd.1 and 3rd Elreet in Old Town)
Applicant: city-initiated zoning change
Surrounding uses:surrounding usesare residential, primarily single-family
Background.
This property is located within the CAd Town zoning district.At one time,this property and the adjacent and
surrounding propertiesto the west and north were zoned"G2" General Commercial. In 1995,the ownersof the
surrounding properties petitioned the Oty to rezone their propertiesto"OT' Old Town. The Council granted their
request.The owner of the property at the corner of Third El and North Fb, however, did not join that request, and
the property retained its G2 zoning designation.
Lately, Kennedale has been of increasing interest to developersand the business community, and staff have
noticed an increase in interest in commercial properties available for heavy commercial and light industrial use.
With G2 zoning,this site isavailable for heavy commercial uses, and these usesare not suitable for or compatible
with the surrounding residential uses. Elaff requeststhe Oty rezone the property to"OT' to ensure that whatever
usesare developed at this site are compatible with the surrounding usesand with the long-term vision for the
neighborhood.
Staff Fbview.
Compliance with the Comprehensive Land Use Ran.
The Future Land Use Plan identifies this area as Downtown Village.According to the comprehensive plan,the
Downtown Village:
..preserves and expands the original downtown street grid and block pattern. Uses should include a
relatively dense mix of residences and businesses. The village should be easily accessible by
pedestrians from the Towncenter and other nearby areas. This village will serve as a gateway into
the center of Kennedale, distinguishing it from neighboring communities.
Sample development types
• Professional office • Attached single-family
• Specialized retail • Townhome/rowhouse
• Live-work units • Accessory dwelling unit
• Cafe/coffee shop • Plazas/pocket parks
• Small-lot single family • Community
theater
The City is working with aconsultant to develop regulations and guidelinesthat will govern site and building
design for the Downtown Village area, but until those regulations are developed and adopted,the City
should look for ways to ensure that at least the uses(if not their site designs)fit the desired character of the
area.While some commercial usescould be compatible with adjacent residential uses--if designed and built
to fit the context--the uses permitted in the G2 district are not suitable without additional regulations in
place.A less intensive commercial zoning might be suitable, but because the compatibility of a commercial
use next to a residential use depends greatly on how the site and buildi ng of the commercial use are
designed, and because we have not yet adopted the appropriate site design standards to ensure
compatibility, staff are reluctant to recommend a rezoning to G1 or GO districts.A residential use, however,
would be compatible with the character of the Downtown Village.
Compliance with the Srategic Ran.
The Strategic Ran does not indude goals or action steps that directly relate to this rezoning request.
Compliance with Oty Council priorities
The Council's priorities(identified through the balanced scorecard process)do not directly relate to this
rezoning request. One priority, "Ensure Public Health & Safety," indirectly relates.A number of the types of
business permitted in a G2 zoning district have the potential to be incompatible with nearby residential
uses,which could affect the health or safety of people living nearby. For example, a number of automotive
usesare permitted in G2 districts, asare contractor yardswith outside storage. Some of these kinds of
businesses do not have a negative impact on the health and safety of the area,depending on operations and
other factors. But other businesses may create a nuisance from noise of equipment or other operational
elements or could pose a safety hazard. It is impossible to restrict the use of this property to only those G2
usesthat would not pose any nuisance or hazard. For this reason, staff considersthe requested rezoning to
work toward achieving the Council's priority of ensuring public health and safety.
Staff Fboommendation.
The request rezoning is in compliance with the comprehensive land use plan. It also is in line with (or does
not obstruct achievement of)the City Council's priorities. Staff recommends approval of the rezoning.
Please note that because the property is currently zoned G2,then unless and until the property is rezoned,
the property owner would be able to apply for a building permit under the requirements(setbacks, etc.)of
the G2 zoning district. In addition, if the property is platted,the permit issued, and a building is constructed
prior to a rezoning,then a G2 use would be able to occupy the building. If the property were to be rezoned,
the occupying use would then become a legal non-conforming use.
Action by the Planning&Zoning Commission.
Qty code describes the Commission's authority in approving requests for rezoning.
You may:
• recommend granting the requested zoning change; or
• recommend denying the requested zoning change; or
• recommend changing the zoning designation on a portion of the property for which zoning is requested; or
• recommend initiating a request to consider changing all or a portion of such property to a district other
than that requested and of a different character; or
* consider and recommend approval of any zoning classification in the adopted zoning ordinance having a
lesser intensity and being more restrictive than the zoning designation requested by the applicant.
(from Sac. 17-429 of the Qty Code)
Sample Motions
The motions provided below are examples, and you are not required to use them.
I make a motion to recommend approval of Case PZ 15-03.
I make a motion to recommend denial of Case PZ 15-03.
I make a motion to postpone Case PZ 15-03 until (state date).
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
Approve
VIII. Alternative Actions:
IX. Attachments:
1. JFZ 15-03 aerial view JFZ 15-03 map (aeria[).pdf
k. PZ 15-03 ordinance JFZ 15-03 ordinance.docx
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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 "C-2" GENERAL COMMERCIAL DISTRICT TO "OT"
OLD TOWN 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 City Council has determined that a zoning change at the above-described
property is necessary to protect the public health and general welfare; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the
City of Kennedale on the 1 9t" day of March 2015 and by the City Council of the City of
Kennedale on the 20th day of April 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
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
1
as shown and described below:
An approximately 1.15 acre tract in the Jacob Prickett Survey A-1225, more
particularly described as Jacob Prickett Survey A-1225 Tract 3A, Tarrant County,
Texas ("the Property"), as more particularly described on Exhibit "A" attached
hereto and incorporated herein, from "C-2" General Commercial District to "OT"
Old Town District.
SECTION 2.
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 3.
The City Secretary is hereby directed to amend the official zoning map to reflect the
changes in classifications approved herein.
SECTION 4.
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 5.
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 6.
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.
2
SECTION 7.
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 8.
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 9.
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 10.
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 201h DAY OF APRIL 2015.
APPROVED:
Brian Johnson, Mayor
ATTEST:
Leslie Galloway, City Secretary
3
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
Wayne K. Olson, City Attorney
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Page 5 of 5
Excerpt from deed, D214136286
Exbibit"A"
Being a l.ol acr of and situated in the Jacob Prickett Survey, Tarrant
county, Te s, ein a p _t n of a called 3.26 acre tract of land recorded in
Volume 1352, _aga 85 e R ords, Tarrant County, Texas, (DRTCT), being that
certain tract la C' d in a.deed to Casa Santa, h.P., as recorded in
Instrument No. 0 31 , Official Public Records, Tarrant County, Texas,
(OPRTCT), SAVE AND C art or portion in the use or occupancy of any public
road or highway, as re r d in lume 8254, Page 56, Deed Records, Tarrant County,
Texas, and being mor p ti ly described by metes and bounds as follows:
BEGINNING at a 1" spi e nd southeast corner of the herein described
tract of land, and bei ou est corner of a tract of land described in.a
deed to Don Kemp, as reco d rument No. D212136170, (OPRTCT), and being
in a non-tangent curve to r' t e northeast line of North Road, (variable width
THENCE in a northwesterly dir is ng nd with the northeast line of said
North Road and said curve to th t, at has a delta angle of 24° 36' 12", a
radius of 215.92 feet, a chord o N 7 1" 54 92.01 feet, for an arc
distance of 92.72 fleet to a 1/2" i rod set r cor er of the herein described tract
of land;
THENCE N 54° 4$' 32" W, along and wit the out es line of the herein described
tract of,land and the northeast line of s id h R d, a distance of 26.64 :feet to a
1/2" iron rod set for corner of the herein d cribs of land;
THENCE N 38° 00' 22" W, along and with the no th e of the herein described
tract of land and the northeast line of said No th B. d, distance of 63.48 feet to a
1/2" .iron rod set for corner of the herein descri d tra and being the
beginning of a non-tangent curve to the right;
THENCE in a northwesterly direction, along and wi no t line of said
North Road and said curve to the right, that has a d to a gl of Ol' 07", a
radius of 1667.65 feet, a chord of N 29° 42' 44" W, 204.1 e f a rc distance of
204.29 feet to a 3/4" iron rod found for the northwest corne of h er 'n described
tract of land, and being the southwest corner of a tract of and scr' a in a deed to
Raymundo Guerrero, as recorded in Instrument No. D197025012, TC
THENCE 5 87° 58' 20" E, along and with the north line of the here' de r' ed tract of
land and the.south line of said Guerrero tract, a distance of 252. f to a 4" iron
rod found for the northeast coriier of the herein described tract of nd, n being the
northwest corner of said Kemp tract;
i
THENCE SOUTH, (bearing LAsis), along and with the east line of the here i e cri t act
of land and the west line of said Kemp tract, a distance of 253.37 feet to he VN
BEGINNING, and containing 1.017 acres, (99,,301 sq. ft.),, of land. .
it
6