2015_06.18 PZ Packet ic.
KENNEDALE
Planning and Zoning Commission
www.cityofkennedale.com
KENNEDALE PLANNING & ZONING COMMISSION
AGENDA
COMMISSIONERS - REGULAR MEETING
June 18, 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 draft ordinance for Neighborhood Center and Urban Village overlay districts
C. Discuss items for future consideration
IV. REGULAR SESSION
V. CALL TO ORDER
VI. ROLL CALL
VII. MINUTES APPROVAL
A. Consider approval of minutes from May 21, 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 15-02 Public hearing and consideration of Ordinance approval regarding a request by
Kennedale Seniors, Ltd. for a zoning change from "R-3" Single Family Residential district to "PD"
Planned Development district for residential use for senior citizens for an approximately 24-acre tract
at 332-370 S. New Hope Rd, more particularly described as C B Teague Survey A 1506 Tracts 4A,
413, 5, and 513, and Jesse B Renfro Survey A 1260 Tract 1 B, Kennedale, Tarrant County, Texas.
1. Staff presentation
2. Applicant presentation
3. Public hearing
4. Applicant response
5. Staff response and summary
6. 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 June 18,2015, 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.
Qn n ()
Rachel Roberts, Board Secretary
KENNEDALE
Planning and Zoning Commission STAFF REPORT TO THE COMMISSIONERS
Date: June 18, 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, you may discuss any item on the regular session agenda. No comments from the public
may be received, and no presentation may be given by an applicant with a case on the regular
agenda. The Commission may not vote on any agenda 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 STAFF REPORT TO THE COMMISSIONERS
Date: June 18, 2015
Agenda Item No: WORK SESSION- B.
I. Subject:
Discuss draft ordinance for Neighborhood Center and Urban Village overlay districts
II. Originated by:
Rachel Roberts, City Planner
III. Summary:
The attached ordinance is a draft based on comments from the Planning & Zoning Commission in past
work sessions. Due to budget limitations, we are not able to bring the case to you for a public hearing
at this time. However, if the Commission supports the ordinance as written, staff will schedule the
public hearing for ordinance adoption as soon as the budget permits. Please note that because you
are considering this item during a work session, you are not able to formally approve the ordinance or
receive comments from the public during discussion of the ordinance. Agreeing with the ordinance as
written at this time would be in concept only, and indicating approval at this time does not oblige
Commission members to approve the ordinance when it is considered formally.
You will see one or two places in the draft ordinance where an illstration is still needed, and some of
the numbering needs correcting. However, the text of the ordinance should have captured your
comments from past work sessions.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
None
VIII. Alternative Actions:
IX. Attachments:
1. draft ordinance Neighborhood Village and Urban draft ordinance establishing NC
Village idistrict.docx
DRAFT. subject to change pending review by city attorney and city council
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 17 OF THE
KENNEDALE CITY CODE (1991), AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF KENNEDALE, TEXAS BY AMENDING
SECTION 17-420 "OVERLAY DISTRICTS" BY ADDING A
NEIGHBORHOOD CENTER OVERLAY DISTRICT; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS 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 XI, Section 5, of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, in order to promote the public health, safety and general welfare the City
Council desires to adopt the proposed amendment to its city code in order to
establish regulations that allow for development in keeping with the character of the
Neighborhood Village and Urban Village character districts described in the
comprehensive land use plan; 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 Planning and Zoning Commission of the City of Kennedale, Texas held
a public hearing on [August 20, 2015], and the City Council of the City of Kennedale,
Texas held a public hearing on [DATE], with respect to the amendments described
herein; and
Whereas, the City has complied with all requirements of Chapter 211 of the Local
Government Code, Section 17-429 of the Zoning Ordinance, and all other laws dealing
with notice, publication, and procedural requirements for the approval of amending the
Schedule of Uses under Section 17-421 of the Kennedale City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, THAT:
SECTION 1.
Article VI, "Zoning", of Chapter 17, "Planning and Land Development", of the Code of
Ordinances of the City of Kennedale is hereby amended by amending existing text and
adding a new section to Section 17-420, "Overlay Districts" to read as follows:
DRAFT. subject to change pending review by city attorney and city council
(a) Location of overlay districts. In addition to any other applicable regulations, the
standards contained in this section shall govern the development of land and structures
along the Business 287 corridor and the Interstate 20/Loop 820 corridors.
(1) Business 287 overlay district. The Business 287 overlay district shall be that
corridor which is located along the entire length of Business 287 between southeast
Loop 820 (to the northwest) and F.M. 1187 (to the southeast) and passing through
the City of Kennedale. The overlay district shall include all property that has its
access to and is located within three hundred (300) feet of the centerline of Business
287 on both sides of the highway except for that portion which is in an
unincorporated area. Any area within these boundaries that is annexed into the city
after the adoption of this section shall automatically be included in the Business 287
overlay district.
(2) Interstate 20/Loop 820 overlay district. The Interstate 20/Loop 820 overlay
district shall be that corridor which is located along the south side of the entire length
of the Loop 820 and Interstate 20 access road adjacent to the Kennedale city limits,
between the Union Pacific railroad tracks to the west and the westernmost side of
the access road bridge over Village Creek to the east. The Interstate 20/Loop 820
overlay district shall include all property that has its access to and is located on the
south side of the road within three-hundred (300) feet of the centerline of the Loop
820 and the Interstate 20 access road adjacent to the Kennedale city limits.
(3) "NC" Neighborhood center overlay district. The "NC Neighborhood center
overlay district shall be located in areas identified in the comprehensive land use
plan identified as Neighborhood Village.
(4) "UV" Urban village overlay district. The "UV" Urban village overlay district shall
be located in areas identified in the comprehensive land use plan identified as Urban
Village.
(5) Employment center district. Notwithstanding anything in this section to the
contrary, the Business 287 and Interstate 20/Loop 820 overlay districts shall not be
deemed to extend into any area now or subsequently zoned as "EC" employment
center district.
(b) Purpose.
(1) The purposes of the Business 287 and the Interstate 20/Loop 820 overlay
districts are:
(a) To provide for the development of a combination of office, retail, service,
commercial, industrial and manufacturing uses in a consistent manner
throughout the overlay districts in the City of Kennedale; and
(b) To enhance the visual image of the corridors and maximize traffic safety.
(2) The purpose of the Neighborhood center overlay district is to serve the
surrounding neighborhood and community. Uses should include a dense mix of
residences and businesses. Neighborhood center districts should be very easily
DRAFT subject to change pending review by city attorney and city council
accessible by foot from the surrounding neighborhoods. Intensity of each district
should vary based on the surrounding context.
(3) The purpose of the Urban village overlay district is to act as gateways into the
"core" of Kennedale. These areas should include a dense mix of residences and
businesses in a walkable environment. They are similar to Neighborhood Villages,
yet larger and of a higher intensity. While Urban Villages should promote pedestrian
circulation and access from nearby neighborhoods and areas, it can be expected
that a significant number of visitors will access the urban village by car. A "park once
and walk everywhere" approach should be taken during the design phase of urban
villages to enable convenient and pleasant walking.
(c) Applicability in event of conflict. This section is to be superimposed in addition to
the regulations applicable to any approved underlying (or base) district. The existence
or use of any building or land in an overlay district shall be subject to the time limitations
and amortization provisions set forth in this section and in sections 17-428 and 17-430.
To the extent of any conflict between this section and any other provision in any city
ordinance, the more strict provision shall prevail. [no change from existing text]
(d) Permitted underlying (or base) district. Prior to the use of any land or building in
the overlay district, a permitted underlying (or base) zoning district shall be approved in
accordance with section 17-429 of this division in addition to the overlay district.
(1) Permitted underlying zoning districts in the Business 287 overlay district shall
include C-0, C-1, C-2 and I districts. AG, R-1, R-2, R-3, OT, D, MF, and MH districts
are not permitted as underlying districts. Sexually oriented businesses are not
permitted in the Business 287 overlay district.
(2) Permitted underlying zoning districts in the Interstate 20/Loop 820 overlay
district shall include R-3, MF, MH, C-0, C-1, C-2, and I districts. AG, R-1, R-2, OT,
and D districts are not permitted as underlying districts. Sexually oriented
businesses are not permitted in the Interstate 20/Loop 820 overlay district.
(3) Permitted underlying zoning districts in the Neighborhood center overlay district
and the Urban village overlay district are [list current zoning for those properties].
(4) Notwithstanding subsections (d)(1) and (2) above, a sexually oriented business
may be operated on the following sites:
a. Tract 31 C of Abstract 1376 in the David Strickland Survey (1.0 acre).
b. Tract 3G, Abstract 716, W.H. Hudson Survey (3.5 acres).
(e) Building setback regulations.
(1) Setbacks for the Business 287 and the Interstate 20/Loop 820 overlay districts.
(1) — (4) [no change except renumber as (a) — (d)]
(2) Setbacks for the Neighborhood center overlay district.
DRAFT subject to change pending review by city attorney and city council
Setbacks for the Neighborhood center overlay district shall be as set forth in the
following table. Conforming residential uses in existence at the date this ordinance
is adopted [or insert date] shall be considered conforming in terms of setbacks after
this ordinance is adopted.
Front (in feet) Side (in feet) Rear (in feet)
Minimum Maximum Minimum Maximum Minimum Maximum
Per
Residential 20 40 10 15 underlying n/a
base
district
30, or as
Residenti specified Per
al corner 20 40 by Publ n/a underlying n/a
lot design district
manual
Non- 20 25 8 ' n/a ' 10 ',2 202
residential
As 30, unless
Non- specified otherwise
residentia by Public specified 2 2
1 corner 20 25 Works by Public 10 20
lot design Works
manual design
manual 2
Additional requirements:
(a) A twenty-five (25) foot setback from the 100-year floodplain is required for all structures.
(b) Accessory structures shall have a minimum front setback of ten feet (10') from the
primary structure. Side and rear setbacks shall be the same as for primary structures.
1 A thirty-five (35) foot minimum side and rear setback is required from adjacent properties
with existing residential use not located within the Neighborhood center overlay district. The
setback is required on any side abutting an existing residential use not located within the
overlay district, where the use was in existence prior to adoption of this district.
2 Additional setback may be required to accommodate fire lanes, easements, or other uses.
The minimum and maximum setback requirements shall not supersede other safety or
public health requirements of the Kennedale City Code that may require larger side or rear
setbacks.
(3) Setbacks for the Urban village overlay district.
Setbacks for the Urban village overlay district shall be as set forth in the following
table. Conforming residential uses in existence at the date this ordinance is adopted
[or insert date] shall be considered conforming in terms of setbacks after this
ordinance is adopted.
Front (in feet) Side (in feet) Rear (in feet)
DRAFT subject to change pending review by city attorney and city council
Minimum Maximum Minimum Maximum Minimum Maximum
Per
Residential 20 40 10 20 underlying n/a
base
district
20, or as
Residenti specified Per
al corner 20 40 by Publ 40 underlying n/a
lot design district
manual
Non- 15 25 10 ' n/a ' 10 ',2 202
residential
As 45, unless
Non- specified otherwise
residentia by Public specified �,2 1,2
1 corner 15 25 Works by Public 10 20
lot design Works
manual design
manual 2
Additional requirements:
(a) A twenty-five (25) foot setback from the 100-year floodplain is required for all structures.
(b) Accessory structures shall have a minimum front setback of ten feet (10') from the
primary structure. Side and rear setbacks shall be the same as for primary structures.
1 A thirty-five (35) foot minimum side and rear setback is required from adjacent properties
with existing residential use not located within the Neighborhood center overlay district. The
setback is required on any side abutting an existing residential use not located within the
overlay district, where the use was in existence prior to adoption of this district.
2 Additional setback may be required to accommodate fire lanes, easements, or other uses.
The minimum and maximum setback requirements shall not supersede other safety or
public health requirements of the Kennedale City Code that may require larger side or rear
setbacks.
(f) Parking regulations.
(1) Parking regulations for the Business 287 and the Interstate 20/Loop 820 overlay
districts. [no change except renumbered]
(a) For each permissible use in an overlay district, all off-street parking shall be
regulated in accordance with the regulations of section 17-424 of this article.
(b) Any building or use not in an overlay district before the effective date of this
article shall be required to comply with the parking regulations of this subsection
by September 9, 2000. All other uses shall be required to comply immediately
with this subsection.
(2) Parking for the Neighborhood center overlay district. [
DRAFT. subject to change pending review by city attorney and city council
(a) All off-street parking created after the date this ordinance is adopted [or
supply date] shall be located behind the main structure or to the side of the main
structure. No parking shall be permitted within the minimum front setback.
(b) If off-street parking is constructed to the side of the primary structure, no
more than forty percent (40%) of the lot frontage (lot width) shall be used for off-
street parking (residential or non-residential use). The Zoning Administrator is
authorized to permit up to fifty (50) percent of the lot frontage to be used for off-
street parking when requested, in writing, to permit construction of parking for
irregular-shaped parcels where the shape of the parcel prohibits the construction
of sufficient parking behind the main structure to meet the minimum parking
requirements.
(c) Parking minimums and maximums.
(i) Minimum. For each permissible use in a Neighborhood center overlay
district, all off-street parking shall be regulated in accordance with the
regulations of section 17-424 of this article.
(ii) Maximum. No more than fifty percent (50%) more than the minimum
number of required parking spaces per use shall be permitted.
(d) Where off-street parking areas for non-residential uses are located adjacent
to a property with a residential primary use in existence before this overlay
district was adopted, the off-street parking areas shall be screened in accordance
with Sec. 17-425, except that breaks in the screening structure shall be provided,
as needed, to accommodate pedestrian and cyclist connections across
properties (if provided). Screening shall be maintained in good condition at all
times.
Break in screening wall
for pedestrian path
Illustration [x]. Example of break in screening wall.
(e) Shared parking. Shared parking is permitted if a shared parking agreement
has been signed and notarized by all users/parties who intend to share parking.
The shared parking plan will be subject to review and approval of the
Administrator, and the parking agreement must be filed with the Tarrant County
DRAFT. subject to change pending review by city attorney and city council
Clerk. A reduction of up to twenty percent (20%) of the required parking may be
permitted. Parking may be shared by different uses on a shared or adjacent site,
but the parking facility must be located within six hundred (600) feet of the
primary structure for each use. The Administrator is not required to approve a
reduction in the required number of parking spaces.
(f) Compact car parking. Up to fifteen percent (15%) of the required parking may
be designed and sized for compact vehicles.
(g) Bicycle parking. Bicycle parking shall be provided for every non-residential
use.
(i) Parking amount. Bicycle parking shall be provided at a minimum amount
of 5% of the number of spaces provided for car parking.
(ii) Design of bicycle parking spaces. For each required bicycle parking space,
a stationary object shall be provided to which a user can secure a bicycle with
at least two points of contact with a 6-foot cable and lock. The stationary object
shall be either a freestanding bicycle rack or a wall-mounted bracket.
Freestanding bicycle racks shall be inverted "U," post and ring, or some other
form of bicycle rack providing at least two points of contact. Grid/fence-type
racks and wave/ribbon-type bicycle racks are prohibited. Objects for securing
bicycles must be dedicated for that purpose and may not be primarily for any
other purpose (e.g., signage, traffic safety).
(iii) Location of bicycle parking. The bicycle rack shall be located within 60 feet
of the main entrance of the building it serves, and may be located between the
street curb and the building, subject to the approval of the Development
Services Director. Each bicycle parking area shall be separated from motor
vehicle parking and maneuvering areas by a barrier, post, or bollard or by at
least five (5) feet of open space.
(iv) Shared bicycle parking. Up to two (2) bicycle parking spaces may be
shared by different uses on a shared or adjacent site, but the parking facility
must be located within six hundred (600) feet of the primary entry for the
primary structure for each use.
(3) Parking for the Urban village overlay district.
(a) All off-street parking created after the date this ordinance is adopted [or
supply date] shall be located behind the main structure or to the side of the main
structure. No parking shall be permitted within the minimum front setback.*
(b) Parking located to the side of a primary structure. [add illustration]
(i) Non-residential uses. If off-street parking is constructed to the side of the
primary structure, no more than twenty-five percent (25%) of the lot frontage
(lot width) shall be used for off-street parking for non-residential uses. The
Zoning Administrator is authorized to permit up to thirty-five (35) percent of the
lot frontage to be used for off-street parking when requested, in writing, to
permit construction of parking for irregular-shaped parcels where the shape of
DRAFT. subject to change pending review by city attorney and city council
the parcel prohibits the construction of sufficient parking behind the main
structure to meet the minimum parking requirements.
(ii) Residential uses. If off-street parking is constructed to the side of the
primary structure, and no more than forty (40%) of the frontage of the lot shall
be used for off-street parking. Off-street parking requirements shall be in
accordance with the parking schedule found in section 17-421 hereof. Parking
spaces for at least two (2) motor vehicles shall be provided in an enclosed
garage for any single family dwelling constructed after the date of adoption of
this section. A front entry garage is prohibited unless the vehicle entryway is
screened from view from the front public right-of-way by the dwelling or other
structure. For the purposes of this section, a porte-cochere shall constitute
sufficient screening of a front entry garage provided the vehicle entryway of
the garage is located no less than eighty (80) feet from the front property line.
Regardless of the orientation of the garage required by this section, any gate
or door to a porte-cochere must be of wrought iron construction and must not
screen more than twenty-five (25) percent of its entryway.
(c) Parking minimums and maximums.
(i) Minimum. For each permissible use in a Neighborhood center overlay
district, all off-street parking shall be regulated in accordance with the
regulations of section 17-424 of this article.
(ii) Maximum. No more than fifty percent (50%) more than the minimum
number of required parking spaces per use shall be permitted.
(iii) The area used for off-street parking may not exceed fifty percent (50%)
of the total lot area. Travel lanes serving the parking lot will count as part of
the lot area used for parking spaces; travel lanes function primarily as drive
lanes rather than parking lanes, however, will not count toward the lot area
used for parking spaces.
(d) Where off-street parking areas for non-residential uses are located adjacent
to a property with a residential primary use in existence before this overlay
district was adopted, the off-street parking areas shall be screened in accordance
with Sec. 17-425, except that breaks in the screening structure shall be provided,
as needed, to accommodate pedestrian and cyclist connections across
properties (if provided). Screening shall be maintained in good condition at all
times.
Break in screening wall
for pedestrian path
DRAFT. subject to change pending review by city attorney and city council
Illustration [x]. Example of break in screening wall.
(e) Shared parking. Shared parking is permitted if a shared parking agreement
has been signed and notarized by all users/parties who intend to share parking.
The shared parking plan will be subject to review and approval of the
Administrator, and the parking agreement must be filed with the Tarrant County
Clerk. A reduction of up to twenty percent (20%) of the required parking may be
permitted. Parking may be shared by different uses on a shared or adjacent site,
but the parking facility must be located within six hundred (600) feet of the
primary structure for each use. The Administrator is not required to approve a
reduction in the required number of parking spaces.
(f) Compact car parking. Up to fifteen percent (15%) of the required parking may
be designed and sized for compact vehicles.
(g) Bicycle parking. Bicycle parking shall be provided for every non-residential
use.
(i) Parking amount. Bicycle parking shall be provided at a minimum amount
of 5% of the number of spaces provided for car parking.
(ii) Design of bicycle parking spaces. For each required bicycle parking space,
a stationary object shall be provided to which a user can secure a bicycle with
at least two points of contact with a 6-foot cable and lock. The stationary object
shall be either a freestanding bicycle rack or a wall-mounted bracket.
Freestanding bicycle racks shall be inverted "U," post and ring, or some other
form of bicycle rack providing at least two points of contact. Grid/fence-type
racks and wave/ribbon-type bicycle racks are prohibited. Objects for securing
bicycles must be dedicated for that purpose and may not be primarily for any
other purpose (e.g., signage, traffic safety).
(iii) Location of bicycle parking. The bicycle rack shall be located within 60 feet
of the main entrance of the building it serves, and may be located between the
street curb and the building, subject to the approval of the Development
Services Director. Each bicycle parking area shall be separated from motor
vehicle parking and maneuvering areas by a barrier, post, or bollard or by at
least five (5) feet of open space.
(iv) Shared bicycle parking. Up to two (2) bicycle parking spaces may be
shared by different uses on a shared or adjacent site, but the parking facility
must be located within six hundred (600) feet of the primary entry for the
primary structure for each use.
(g) Building construction.
(1) Setbacks for the Business 287 and the Interstate 20/Loop 820 overlay districts.
[no change except renumbering]
(a) Any building wall that faces Business 287 or the access road to Interstate
20/Loop 820 shall have a minimum of eighty (80) percent of the surface area of
DRAFT. subject to change pending review by city attorney and city council
the exterior walls from the grade to the eave area, excluding doors and windows,
constructed from one (1) or more of the following permanent building materials:
i. Glass or natural stone;
ii. Face brick or face tile;
iii. Concrete; or
iv. Split face concrete masonry units (haydite block) or decorative pattern
concrete block masonry units.
(b) Any building or use not in an overlay district before the effective date of
Ordinance No. 187 shall be required to comply with the building construction
regulations of this subsection when new building construction increases the
overall gross square footage of the structures on the entire lot by thirty (30)
percent or more of the square footage existing on the effective date of the
ordinance.
(h) Outside storage regulations.
(1) Outside storage regulations for the Business 287 and the Interstate 20/Loop 820
overlay districts. [no change except renumbering]
(a) All outside storage, when permitted by the regulations of both the underlying
zoning district and the overlay district, shall be regulated in accordance with
section 4-226 of the City Code.
(b) Any building or use not in an overlay district before the effective date of this
article shall be required to comply with the outside storage by the earlier of the
following dates:
i. March 9, 2002; or
ii. When the land use or ownership changes.
(2) Outside storage regulations for the Neighborhood center overlay district.
(a) All outside storage, when permitted by the regulations of both the underlying
zoning district and the overlay district, shall be regulated in accordance with
section 4-226 of the City Code and any other applicable codes and regulations.
(3) Outside storage regulations for the Urban village overlay district.
(a) All outside storage, when permitted by the regulations of both the underlying
zoning district and the overlay district, shall be regulated in accordance with
section 4-226 of the City Code and any other applicable codes and regulations.
(i) Screening regulations.
(1) Screening regulations for the Business 287 and the Interstate 20/Loop 820
overlay districts. [no change except renumbering]
(a) Screening shall be in accordance with the underlying zoning district and with
section 17-425 of the City Code, except for salvage yards. When a conflict
occurs between the underlying zoning district and section 17-425, the stricter
regulations shall prevail.
DRAFT. subject to change pending review by city attorney and city council
(b) Special screening regulations for salvage yards are described in subsection
(m) (special conditions for salvage yards) hereof.
(c) Any building or use not in an overlay district before the effective date of
Ordinance No. 187 shall be required to comply with the screening regulations by
the earlier of the following dates:
a. March 9, 2003; or
b. When the land use or ownership changes.
(2) Screening regulations for the Neighborhood center overlay district.
(a) Screening for single family residential uses. Screening shall be in
accordance with Sec. 17-425.
(b) Screening for all other uses. Screening shall be in accordance with Sec. 17-
425 except where otherwise regulated below.
i. Garbage, refuse and trash collection/storage areas shall be screened by
a masonry enclosure on three (3) sides. Screening walls and fences
shall not be greater than eight (8) feet in height. Materials being stored
shall not be stored higher than one (1) foot below the screening provided.
ii. The fourth side shall be screened by a gate. The gate shall be made of
wrought iron or architectural metal.
iii. The masonry used must be of the same material as the primary building.
iv. Trash collection/storage areas or dumpsters shall be located behind the
primary structure but shall not be placed within 35 feet of a residential
use existing prior to the construction of a building intended for
commercial use.
(3) Screening regulations for the Urban village overlay district.
(a) Screening for single family residential uses. Screening shall be in
accordance with Sec. 17-425.
(b) Screening for all other uses. Screening shall be in accordance with Sec. 17-
425 except where otherwise regulated below.
i. Garbage, refuse and trash collection/storage areas shall be screened by
a masonry enclosure on three (3) sides. Screening walls and fences
shall not be greater than eight (8) feet in height. Materials being stored
shall not be stored higher than one (1) foot below the screening provided.
ii. The fourth side shall be screened by a gate. The gate shall be made of
wrought iron or architectural metal.
iii. The masonry used must be of the same material as the primary building.
DRAFT. subject to change pending review by city attorney and city council
iv. Trash collection/storage areas or dumpsters shall be located behind the
primary structure but shall not be placed within 35 feet of a residential
use existing prior to the construction of a building intended for
commercial use.
(j) Reserved.
(k) Sign regulations. The sign regulations set forth in chapter 17, article VII, "Signs,"
of this Code shall apply to all uses located in the Business 287 and Interstate 20/Loop
820 overlay districts and in the Neighborhood Center and Urban Village overlay districts
except where otherwise regulated under sub-sections (n) and (o) below.
(1) Loading dock regulations for new construction. The following applies to new
construction:
(1) For each permissible use in an overlay district, all off-street parking shall be
regulated in accordance with the regulations of section 17-424 of this article.
(m) Special conditions for salvage yards. [no change from existing text]
(n) Additional regulations for Neighborhood center overlay districts.
(1) Blank wall limitation.
(a) Blank walls longer than forty (40) feet are prohibited for all uses (residential
and non-residential).
(b) For purposes of this district, "blank wall" means any building wall that is a
portion of a building wall or fagade without a window or door or similar
architectural feature and is over four (4) feet in height from ground level and
longer than forty (40) 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.
(2) Glazing requirements.
(a) For any primary structure, a minimum of twenty percent (20%) and a
maximum of sixty percent (60%) of the primary fagade shall have glazing. At
least one other fagade shall have a minimum of ten percent (10%) glazing.
(b) For non-residential uses, ground floor glazing on the primary facade shall
have a maximum sill height of four (4) feet.
(3) Building orientation and disposition. Each primary structure shall have its
primary entrance oriented to the front of the lot (toward the street right-of-way) on
which it is located. Additional entry points may be provided on side or rear fagades,
but primary entries shall be oriented to the front of the lot. For corner lots, the
primary entrance may be oriented toward the street intersection (corner).
(4) Sidewalks. Notwithstanding the requirements of Sec. 17-243, sidewalks within
this district shall be a minimum of five feet (5) and a maximum of eight feet (8') in
width.
DRAFT subject to change pending review by city attorney and city council
(5) Prohibited uses. Notwithstanding the underlying zoning district, the following
uses are prohibited within this district, except that any use hereby prohibited within
this district that is already in existence as a legal use at the time this district is
adopted shall be considered a legal use as permitted by and in accordance with Sec.
17-428.
(a) Auto Inspection Station
(b) Auto Paint & Body Shop
(c) Auto Parts Store
(d) Auto Repair Garage
(e) Auto Sales Lot
(f) Boat Sales
(g) Boat Storage
(h) Building materials establishment with outside storage
(i) Cabinet Shop
0) Car Wash
(k) Contractor Yard
(1) Farm Implement Sales
(m)Golf Course
(n) Gun Shooting Range
(o) Gunsmith Shop
(p) Heavy Equipment Sales
(q) Large Retail Facility
(r) Lumber Yard
(s) Manufacture Homes Sales Lot
(t) Mini-Warehouse
(u) Movie Theater, drive-in
(v) Nightclub or Dance Hall
(w)Paintball Sports, Survival Games
(x) Parking Lot, Commercial (for a fee)
(y) Pawnshop
(z) Private Club
(aa) Recreational Vehicle Sales
(bb) Restaurant, Drive-In
(cc) Service Station
(dd) Sexually Oriented Business
(ee) Taxidermist
(ff) Tool & equipment rental
(gg) Trailer sales & rental
(hh) Truck rental
(ii) Truck repair
DRAFT. subject to change pending review by city attorney and city council
(jj) Truck sales
(kk) Truck wash
(II) Vehicular racing facility
(6) Uses by special exception. When the following uses are permitted within the
underlying zoning district, they are permitted within this district only by special
exception. Any use prohibited within the underlying zoning district is also prohibited
within this district.
(a) Auto Rental
(b) Auto Sales (indoor display only; no outside storage or display and no repairs
permitted; all vehicles for sale, storage, or display must be stored inside an
enclosed structure meeting the standards of the overlay district, the
underlying zoning district, and all other applicable codes and regulations)
(c) Bowling Alley
(d) Motorcycle Sales (indoor display only; no outside storage or display and no
repairs permitted; all motorcycles for sale, storage, or display must be stored
inside an enclosed structure meeting the standards of the overlay district, the
underlying zoning district, and all other applicable codes and regulations)
(e) Plant Nursery
(o) Additional regulations for Urban Village overlay districts.
(1) Blank wall limitation.
(a) Blank walls longer than forty (40) feet are prohibited for all uses (residential
and non-residential).
(b) For purposes of this district, "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 (4) feet in height from ground level and
longer than forty (40) 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.
(2) Glazing requirements.
(a) For any primary structure, a minimum of twenty percent (20%) and a
maximum of sixty percent (60%) of the primary fagade shall have glazing. At
least one other facade shall have a minimum of twenty percent (20%) glazing.
(b) For non-residential uses, ground floor glazing on the primary facade shall
have a maximum sill height of four (4) feet.
(3) Building orientation and disposition. Each primary structure shall have its
primary entrance oriented to the front of the lot (toward the street right-of-way) on
which it is located. Additional entry points may be provided on side or rear facades,
but primary entries shall be oriented to the front of the lot. For corner lots, the
primary entrance may be oriented toward the street intersection (corner).
DRAFT. subject to change pending review by city attorney and city council
(4) Sidewalks. Notwithstanding the requirements of Sec. 17-243, sidewalks within
this district shall be a minimum of five feet (5) and a maximum of eight feet (8') in
width.
(5) Prohibited uses. Notwithstanding the underlying zoning district, the following
uses are prohibited within the Urban Village Overlay district, except that any use
hereby prohibited within this district that is already in existence as a legal use at the
time this district is adopted shall be considered a legal use as permitted by and in
accordance with Sec. 17-428.
(a) Auto Inspection Station
(b) Auto Paint & Body Shop
(c) Auto Parts Store
(d) Auto Repair Garage
(e) Auto Sales Lot
(f) Boat Sales
(g) Boat Storage
(h) Building materials establishment with outside storage
(i) Cabinet Shop
0) Car Wash
(k) Contractor Yard
(1) Farm Implement Sales
(m)Golf Course
(n) Gun Shooting Range
(o) Gunsmith Shop
(p) Heavy Equipment Sales
(q) Lumber Yard
(r) Manufacture Homes Sales Lot
(s) Mini-Warehouse
(t) Movie Theater, drive-in
(u) Nightclub or Dance Hall
(v) Paintball Sports, Survival Games
(w)Parking Lot, Commercial (for a fee)
(x) Pawnshop
(y) Private Club
(z) Recreational Vehicle Sales
(aa) Restaurant, Drive-In
(bb) Service Station
(cc) Sexually Oriented Business
(dd) Taxidermist
(ee) Tool & equipment rental
DRAFT subject to change pending review by city attorney and city council
(ff) Trailer sales & rental
(gg) Truck rental
(hh) Truck repair
(ii) Truck sales
(jj) Truck wash
(kk) Vehicular racing facility
(6) Uses by special exception. When the following uses are permitted within the
underlying zoning district, they are permitted within this district only by special
exception. Any use prohibited within the underlying zoning district is also prohibited
within this district.
(a) Auto Rental
(b) Auto Repair
(c) Auto Paint & Body Shop
(d) Auto Sales (indoor display only; no outside storage or display and no repairs
permitted; all vehicles for sale, storage, or display must be stored inside an
enclosed structure meeting the standards of the overlay district, the
underlying zoning district, and all other applicable codes and regulations)
(e) Bowling Alley
(f) Motorcycle Sales (indoor display only; no outside storage or display and no
repairs permitted; all motorcycles for sale, storage, or display must be stored
inside an enclosed structure meeting the standards of the overlay district, the
underlying zoning district, and all other applicable codes and regulations)
(g) Plant Nursery with outside sales, storage, or display
(7) Uses by conditional use permit. When the following uses are permitted within the
underlying zoning district, they are permitted within this district by conditional use
permit. Any use prohibited within the underlying zoning district is also prohibited
within this district.
(a) Large Retail Facility.
SECTION 2.
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, except when
the provisions of this Ordinance are in direct conflict with the provisions of such
ordinances and such code, in which event the conflicting provisions of such ordinances
and such code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clause, or phrase of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction
DRAFT. subject to change pending review by city attorney and city council
such unconstitutionality shall not affect any of the remaining sections, paragraphs,
sentences, clause, and phrases of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of any such
unconstitutional section, paragraph, sentence, clause, or phrase.
SECTION 4.
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 5.
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, 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 6.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, Section 1 , the penalty clause,
the publication clause, and the effective date clause of this ordinance as provided by
Section 3.10 of the Charter of the City of Kennedale.
SECTION 7.
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 [DATE].
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
DRAFT. subject to change pending review by city attorney and city council
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
KENNEDALE
Planning and Zoning Commission STAFF REPORT TO THE COMMISSIONERS
Date: June 18, 2015
Agenda Item No: WORK SESSION- C.
I. Subject:
Discuss items for future consideration
II. Originated by:
III. Summary:
Under this agenda item, the Commission may discuss items members would like added to future
agendas.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
None
VIII. Alternative Actions:
IX. Attachments:
KENNEDALE
Planning and Zoning Commission STAFF REPORT TO THE COMMISSIONERS
Date: June 18, 2015
Agenda Item No: MINUTES APPROVAL - A.
I. Subject:
Consider approval of minutes from May 21, 2015 Planning and Zoning Commission meeting
II. Originated by:
Katherine Rountree, Permits Clerk
III. Summary:
Minute's approval for May 21, 2015
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
Approve
VIII. Alternative Actions:
IX. Attachments:
1. 105.21.2015 minutes 105.21.2015 PZ Minutes Final.docx
ic
KENNEDALE
Planning and Zoning Commission
www.cityofl(ennedale.com
KENNEDALE PLANNING & ZONING COMMISSION
MINUTES
COMMISSIONERS- REGULAR MEETING
May 21, 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
Jeff Whitacre X
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).
III. WORK SESSION
A. Discuss items on the regular session agenda
Ms. Roberts said that in the proposed zoning regulations, the consultant has added all remarks from the
previous Planning and Zoning Commission meeting. The commission went through the ordinance with
comments about revisions.
B. Discuss items for future consideration
The commission did not have time to discuss this item.
The work session ended at 7:01 P.M.
IV. REGULAR SESSION
V. CALL TO ORDER
Mr. Harvey called the meeting to order at 7:02 P.M.
VI. ROLL CALL
Commissioner Present Absent
Ernest Harvey X
Tom Pirtle X
Harry Browne X
Stephen Brim X
Jeff Whitacre X
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 April 16, 2015 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 and Mr. Whitacre, who abstained from voting.
VIII.VISITOR/CITIZENS FORUM
No one registered to speak.
IX. REGULAR ITEMS
A. CASE# PZ 15-05 Public hearing and consideration of approval of an ordinance establishing a new
zoning district and district regulations for an area identified as the Downtown Village in the
comprehensive land use plan.
1. Staff presentation
Shia Roos, 4429 Emerson Ave, went through the presentation of the Downtown Village proposed
regulations in the ordinance. She said that she has conducted different meetings to get public opinions
on the regulations and used those in the proposed ordinance.
2. Public hearing
Naseem Patel, 317 W. Kennedale Parkway, said he has already been through five zoning changes.
He said that he is against the new regulations.
James Whitt, 126 W Kennedale Parkway, wanted to ask the commission if they could expand sub-
district one to the railroad tracks.
Mr. Harvey said he would close the public hearing but one more person wanted to speak.
Ed Posey, 2026 Rockcreek Ct, said that he owns a property in sub-district three and has not been able
to do anything with it because of the size of his property and where it is located.
3. Staff response and summary
Ms. Roos stated that the only business that would be located in sub-district two would be specific uses
that would be required to look like a residence. The commission went through the ordinance with
revisions.
4. Action by the Planning &Zoning Commission
Mr. Pirtle motioned to approve the ordinance with alterations. The motion was seconded by Ms.
Williamson and passed with all in favor except Mr. Harvey, who abstained from voting.
B. CASE # PZ 15-06 Public hearing and consideration of Ordinance approval regarding a city- initiated
zoning change for various properties within an approximately 170-acre tract in the City of Kennedale
Addition, George A Lowery Addition, Gregory Addition, Prather Subdivision, Jacob Prickett Survey
A-1225, Roberson Addition, Sather Addition, Soto Addition, C B Teague Survey A- 1506, Woodlea Acres
Addition, James A Arthur Addition, Cazanda Rose Survey A-1285, B T Webb Subdivision, Municipal
Addition, C A Boaz Subd of J B Renfro Survey, Carol Heights, Jacob Prickett Addition, and Jesse B
Renfro Survey A-1260, Tarrant County, Texas, to a sub-district with the "OT" Old Town zoning district.
1. Staff presentation
Ms. Roberts said the rezoning includes about 259 properties. She said that this rezoning would fall in
line with the Comprehensive Land Use Plan. She said that the rezoning will preserve historic areas and
allow future businesses to be allowed in the area. She said this is to propose a more family friendly
area and allow pedestrians to be able to gain better access to surrounding properties. She said that
any existing buildings or houses are to be grandfathered in.
2. Public hearing
John Goss, 445 True Gunn Rd, said that he owns two vacant lots in the area and wanted to know what
they would be rezoned as.
Naseem Patel, 317 W. Kennedale Parkway, wanted to know exactly what would apply if his property is
grandfathered.
Hal Thurow, 1204 Oakmont Ct. Mansfield, TX, was speaking on behalf of Kennedale First Methodist
Church. He wanted to know if he could do a retail business in an existing home.
3. Staff response and summary
Staff recommended approval.
4. Action by the Planning &Zoning Commission
Mr. Pirtle motioned to approve as written pending Council approval for PZ Case# 15-05. The motion
was seconded by Mr. Rawe and passed with all in favor except Mr. Harvey, who abstained from voting.
X. REPORTS/ANNOUNCEMENTS
The City Wide Garage Sale is on May 22-23, 2015.
The City Wide Cleanup is on May 30, 2015 from 8:00 A.M. to 12:00 P.M.
City Hall will be closed on May 25, 2015 for Memorial Day.
XI. ADJOURNMENT
Mr. Rawe motioned for the meeting to adjourn. The motion was seconded by Mr. Pirtle and passed with all
in favor except Mr. Harvey, who abstained from voting.
The meeting adjourned at 8:38 P.M.
Ernest Harvey,Chair Date
ATTEST:
Rachel Fbberts,Ranner/Board Secretary Date
KENNEDALE
Planning and Zoning Commission STAFF REPORT TO THE COMMISSIONERS
Date: June 18, 2015
Agenda Item No: REGULAR ITEMS - A.
I. Subject:
CASE # PZ 15-02 Public hearing and consideration of Ordinance approval regarding a request by
Kennedale Seniors, Ltd. for a zoning change from "R-3" Single Family Residential district to "PD"
Planned Development district for residential use for senior citizens for an approximately 24-acre tract
at 332-370 S. New Hope Rd, more particularly described as C B Teague Survey A 1506 Tracts 4A,
413, 5, and 513, and Jesse B Renfro Survey A 1260 Tract 1 B, Kennedale, Tarrant County, Texas.
1. Staff presentation
2. Applicant presentation
3. Public hearing
4. Applicant response
5. Staff response and summary
6. Action by the Planning &Zoning Commission
II. Originated by:
Rachel Roberts, City Planner
III. Summary:
Request: rezone property to a planned development district to allow development of tax-credit (rental)
housing for senior citizens
Requested by: Kennedale Seniors, Ltd.
Location: Kennedale New Hope Rd, south of the rail lines (see attached map)
Surrounding land uses: public park (Sonora Park); duplex residential (across New Hope Rd to the
east); commercial (race track to the south; scheduled to close by the end of 2016 and later convert to
single family residential); single family residential; ranch land; utilities
Background and Overview.
The property is located on New Hope Rd south of the railroad lines. Sonora Park is adjacent to the
property to the north, and an Oncor electrical transmission line bisects the property. In addition, a
portion of the property is within the floodplain. The site is mostly undeveloped; it is zoned as R-3 single
family and is used mainly for keeping a few cattle.
The requested rezoning would allow for development of a tax-credit housing development for senior
citizens. The proposed redevelopment would be restricted to residents 55 years of age and older. The
ordinance also allows for single family residential in case plans for the senior housing development
were to fall through.
The comprehensive land use plan allows for small-scale multi-family at this site (see below), but
because the city's existing duplex and multi-family zoning districts do not meet the intent of the
comprehensive plan, the applicant has applied for rezoning as a planned development district based
on the goals of the comprehensive plan.
The applicant proposes to build 34 quad-plex buildings. Twenty-three buildings would have one-
bedroom units, and eleven buildings would offer two-bedroom units.
Additional features:
• The development would be built on 17 acres, which does not include the land within the
floodplain.
• Each residential building would be constructed of 90% masonry.
• At the request of city staff, the proposed site plan includes the minimum amount of parking
expected to be needed for a development of this kind (senior living is not expected to have an
excessive demand for parking).
• The main entry for each unit will face either another unit or green space (or both).
• The development will have a clubhouse and gazebo available for use of the community.
Please note that the site plan contains one error; it states that the driveway on the north side of the
development would be built on land obtained from the City of Kennedale. While the driveway will be
built across this land as shown, the land will remain the property of the City of Kennedale.
Compliance with the comprehensive land use plan.
The comprehensive plan classifies each part of the city into a type of character district. The character
districts incorporate multiple compatible land uses in an attempt to create dynamic places that
advance the plan's three planning principles—Connected City, Economic Prosperity, and Thriving
Community.
The plan identifies the area under consideration primarily as Neighborhood. A portion of the property is
within the floodplain, and that area is designated as Park & Open Space in the Future Land Use Plan.
The Neighborhood character district is intended to be 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. The center of a neighborhood should be a
civic, public, or community use in which people can come together—such as a park, school, or
neighborhood amenity center.
Sample development types include:
• Single family
• Townhome/Rowhouse
• Cluster development
• Context-sensitive small-scale multifamily
• Clearly marked centers that include public gathering space, school, small park, or other civic use
The proposed development would fall under the category of"context-sensitive small-scale multifamily,"
one of the sample development types mentioned in the comprehensive plan as suitable for the
Neighborhood character district. In addition, the clubhouse/community center and gazebo for the
development will provide the gathering spaces that the plan encourages to be built.
Staff considers the rezoning to be in compliance with the comprehensive land use plan.
Compliance with the strategic plan.
The strategic plan calls for encouraging residential development in the part of Kennedale south and
west of the railroad tracks, which includes the site considered under this rezoning case.
Staff considers the rezoning to be in compliance with the strategic plan.
Compliance with City Council priorities.
The Council has made it a priority to encourage residential development in this part of the city to
increase the number of residents to support local businesses. The requested rezoning would allow for
an increase in the population in this part of the city.
Staff considers the rezoning to be in compliance with City Council priorities.
Additional factors.
The property's current zoning as single family is not the most suitable zoning designation, given the
site constraints. The Oncor transmission line that bisects the property can be unappealing for single
family development. In addition, the amount of floodplain on the property reduces the number of lots
that can be developed and sold. Fewer lots available can reduce the profit available for a typical single
family development, which can also reduce the likelihood this site would be used as single family
residential. For a multi-family development, however, the presence of floodplain and the transmission
line are easier obstacles to work around, since individual lots are not necessary for development.
Staff Recommendation.
The rezoning is in compliance with the comprehensive land use plan and with other planning and
policy documents. Staff recommends approval.
Recommendation by the Planning &Zoning Commission.
City 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 Sec. 17-429 of the City Code)
Sample Motions.
The motions provided below are examples, and you are not required to use them.
Approval
I find the rezoning to be in compliance with the comprehensive land use plan and make a motion to
recommend approval of Case PZ 15-02.
Denial
I find the rezoning to be in conflict with the comprehensive land use plan and make a motion to
recommend denial of Case PZ 15-02.
Postponement
I make a motion to postpone Case PZ 15-06 until (state date).
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
VIII. Alternative Actions:
IX. Attachments:
1. PZ 15-02 map showing location PZ 15-02 map of site -- com ressed. df
2. PZ 15-02 map of surrounding land uses PZ 15-02 land uses. df
3. PZ 15-02 preliminary site plan Senior living revised site plan.pdf
4. PZ 15-02 concept drawings & elevations PZ 15-02 -- concept drawings, elevations. df
PZ 15-02 photos of similar project PZ 15-02 -- illustration, similar project.pdf
PZ 15-02 Ordinance Ordinance PZ 15-02.docx
PZ 15-02 Ordinance Exhibit B site Ian Senior living revised site plan.pdf
Kennedale Seniors application PZ 15-02 application.pdf
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STATE USE CODES
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
B1 Multi-Family J1 Water Systems
B2 Duplex J2 Gas Companies
B3 Triplex J3 Electric Companies
B4 Quadraplex J4 Telephone Companies
J5 Railroads
C VACANT PLATTED LOTS/TRACTS J6 Pipelines
C1 Residential J7 Cable Companies
C2 Commercial J8 Other
C3 Rural
C6 Vacant Exempt (Right-of-Way) L COMMERCIAL/INDUSTRIAL
L1 Commercial BPP
D ACREAGE L2 Industrial BPP
D1 Ranch Land
D2 Timberland M MOBILE HOMES
D3 Farmland M2 Private Aircraft
D4 Undeveloped M3 Mobile Home
M4 Other Tangible PP
E FARM/RANCH
E1 House + Limited Acres O RESIDENTIAL INVENTORY
E2 Mobile Home + Limited Acres 01 Vacant
E3 Other Improvements 02 Improved
Standard Distribution Data, 2013 Appendix C
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ORDINANCE
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED THE
ZONING ORDINANCE OF THE CITY OF KENNEDALE, TEXAS BY
REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS FROM "R-3"
SINGLE FAMILY 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 City of Kennedale desires to promote the development of a range of
housing types to fulfill a need in the community for housing variety, in compliance with the
comprehensive land use plan;
WHEREAS, the city's housing stock does provide options for senior citizens who are no
longer able to live in single family housing or no longer wish to do so; and
WHEREAS, Kennedale Seniors, Ltd wishes to develop the property described below as a
Planned Development District, in compliance with the comprehensive land use plan; and
WHEREAS, the City of Kennedale believes the development as proposed would help
achieve the vision set forth in the comprehensive land use plan; and
WHEREAS, the C D Fincher Estate, owner of the property described below, which is an
approximately 23-acre tract in the C B Teague Survey and Jesse B Renfro Survey, more
particularly described as C B Teague Survey A 1506 Tracts 4A, 413, 5, and 513, and Jesse B
Renfro Survey A 1260 Tract 1A, has filed with the City of Kennedale a signed affidavit
permitting Kennedale Seniors, Ltd to submit a request to rezone the property from its present
classification of"R-3" Single Family District to a "PD" Planned Development District; and
WHEREAS, the City Council has determined that a planned development zoning district is
the most appropriate zoning district to facilitate the development of the property; and
1
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the
City of Kennedale on the 181h day of June 2015 and by the City Council of the City of
Kennedale on the 161h day of July 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
as shown and described below:
An approximately 23 acre tract in the C B Teague Survey and Jesse B Renfro
Survey, more particularly described as C B Teague Survey A 1506 Tracts 4A, 413,
5, and 513, and Jesse B Renfro Survey A 1260 Tract 1A, Tarrant County, Texas
("the Property"), as more particularly described on Exhibit "A" attached hereto
and incorporated herein, from "R-3" Single Family Residential District to the
Kennedale Seniors Planned Development District ("Senior Living PD") for
residential use with modified restrictions, as more fully described on the
Concept and Site Plan, attached hereto as Exhibit"B" and incorporated herein.
SECTION 2.
The use of the Property shall be subject to the restrictions, terms and conditions set
forth in the Concept Plan, attached hereto as Exhibit "B", and the Concept Plan is hereby
approved. The use of the Property shall further conform to the standards and regulations of the
"R-3" Single Family Residential District and to Chapter 17, Division 10 Subdivision Design
Criteria of the City of Kennedale City Code, to the extent not modified in this Ordinance and the
document attached as Exhibit "B", 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:
2
1. Permitted Uses. The only permitted uses in the "Senior Living PD" shall be:
a. single family detached residential;
b. four-family residential,
c. community center,
d. gazebo, pavilion, and similar structures to serve as meeting or gathering places for
residents of the community,
e. park, playground, or open space, including detention or retention facilities.
2. Density. If used for four-family residential, the Senior Living PD shall have a maximum
of 140 primary structures. If used for single family residential, the density shall be the
maximum allowed by the "R-3" Single Family Residential District.
3. Lot coverage Lot coverage for four-family residential use shall not exceed sixty (60)
percent of the lot. Lot coverage for single family residential use shall not exceed
seventy (70) percent of the lot.
4. Minimum livable area.
a. Four-family residential. The minimum livable area for four-family residential units
shall be 800 square feet for one-bedroom units and 900 square feet for two-
bedroom units.
b. Single family residential. The minimum livable area for all primary residential
structures shall be the minimum required by the "R-3" Single Family Residential
District.
5. Setbacks. The setbacks in the Senior Living PD herein approved shall be governed by
the minimum setback requirements of the "R-3" Single Family Residential District.
6. Building height.
a. Four-family residential. Primary structures for four-family residential use shall not
exceed a height of one and one half (1 '/2) stories, at a maximum of twenty-five (25)
feet.
b. Single family residential. Single family residential primary structures shall not
exceed a height of two and one half(2 '/2) stories, at a maximum of forty (40) feet in
height.
c. Accessory buildings. Height of accessory buildings shall be as required by
Kennedale city code.
7. Building materials. All structures (primary and secondary) shall be a minimum of 90%
masonry. Masonry materials shall be as defined in Kennedale city code, except that if
stucco is used, only 3-coat/3-step stucco shall be permitted. EIFS shall be prohibited.
8. Primary entries. Primary entries for four-family residential shall face other dwelling unit
primary entries or green space / open space. Primary entries for dwelling unit shall not
face parking areas. Primary entries for single family residential primary structures shall
3
face the street.
9. Front porches.
a. All four-family residential dwelling units shall have a usable front porch of a
minimum size of nine (9) square feet. Front porch supports or columns shall be
masonry. Other durable, attractive materials may be used with written
permission from the Zoning administrator, except that unpainted wood is
prohibited. If wood supports are permitted by the Zoning Administrator, supports
shall be painted or treated to ensure durability and shall be maintained in good
condition and appearance at all times.
b. All single family residential primary structures shall have a usable front porch of
a minimum size of forty-eight (48) square feet.
10. Parking.
a. Four-family residential. Parking for one (1) motor vehicles shall be provided for
each one-household dwelling unit and parking for one and one-half (1 '/2) motor
vehicles shall be provided for each two-household dwelling unit. A maximum of
210 spaces shall be provided within the Senior Living PD.
b. Single family residential. Parking spaces for at least two (2) motor vehicles shall
be provided in an enclosed garage for any single family dwelling constructed
within the Senior Living PD. Front entry garages are prohibited. J-swing garages
that accommodate more than two (2) vehicles are prohibited.
11. Landscaping. Landscaping shall be regulated by the Kennedale City Code except as
otherwise controlled by this ordinance.
a. Lawns.
i. Four-family residential. All common areas without structures shall be sodded or
shall have alternative landscaping such as landscaped beds or ground covers.
Sodded areas shall be sprinklered.
ii. Single-family residential. All single family residential lots that are sodded shall be
fully sprinklered. If lawns are not sodded, other landscaping such as landscaped
beds or ground covers shall be provided across the entire front and rear lawns.
The Zoning Administrator may permit other types of landscaping if requested in
writing, except that paving of required front or rear yards and artificial turf are
prohibited.
b. Plants. Use of native or adaptive xeriscape plants and grasses is required.
Landscaping shall be maintained in good condition.
c. Street trees.
i. Four-family residential. Four-family residential development shall be governed
by the street tree requirements of Kennedale city code, except that native or
drought-tolerant adaptive trees are required.
ii. Single-family residential. A minimum of one (1) tree of three (3) inch caliper or
greater shall be required for each residential lot, to be planted centered between
the sidewalk and the curb. The developer shall be responsible for installation of
4
all street trees and shall ensure tree selection and installation are sufficient to
ensure a long tree life. The developer shall be responsible for maintenance and
replacement of trees, as needed, for a period of two (2) years after the
development's public improvements have been accepted by the city.
d. 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
as not to be seen from the public street. Screening must meet the screening
materials regulations of the Kennedale City Code.
1. Cisterns shall not exceed ten (10) percent coverage in any required yard for
single family residential use. For four-family residential, a cistern shall not
exceed 2,500 gallon capacity, and a maximum of six (6) cisterns shall be
permitted. Cisterns shall not exceed eight (8) feet in height.
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.
4. Cisterns shall be subject to the City of Kennedale's water quality and water
protection regulations, as applicable.
e. Protection of quality trees. The Zoning Administrator may approve a deviation from
the lot layout or street layout shown Exhibit "C" in order to retain and protect an
existing quality tree, as defined in the Chapter 16, Article VI of the Kennedale City
Code. Permission to deviate from the approved Site Plan must be requested, in
writing, by the developer.
12. Driveways and Access. All entry and exit points shall conform to the approved Concept
Plan and supporting documents, as depicted in Exhibit "B", and shall conform to the
standards of the City of Kennedale public works design manual and the City of
Kennedale subdivision design criteria of Chapter 17, Division 10 of the City of
Kennedale Code of Ordinances, unless otherwise regulated by this ordinance.
Notwithstanding the above, it is understood that the exact location of entry and exit
points for the Senior Living PD may need to be adjusted due to topographic, soil, or
other similar development constraints, and therefore the entry and exit point may be
5
modified with written approval of the Director of Public Works. The Director of Public
Works may approve such requests if they are made in writing and present evidence of
development constraints that would prohibit the safe ingress or egress of traffic at the
location approved in the Concept Plan, but the Director is not required to grant such
requests.
13. Sidewalks. Sidewalks or walkways are required within the Senior Living PD to provide
pedestrian access within the development and shall be constructed according to the
requirements of the City of Kennedale Code of Ordinances, the City of Kennedale
Public Works Design Manual, and any other applicable regulations, where not
otherwise controlled by this ordinance. Sidewalks may be constructed of permeable
materials and may be designed and constructed using low-impact development
standards if approved, in writing, by the Director of Public Works. Review and approval
of low-impact infrastructure or public facilities shall follow the process for review and
approval of standard infrastructure or public facilities as set forth in the codes,
regulations, and design manuals of the City of Kennedale. Low-impact development
standards shall not be approved unless the Director of Public Works is satisfied the
materials and construction methods used will meet the same standards for safety and
durability as used in standard sidewalk construction within the City of Kennedale.
14. Street lighting. Street lighting shall be decorative and shall be aesthetically compatible
with the character of the district. Street lighting shall be shielded or placed to minimize
light from street lamps entering bedrooms of any residential unit.
15. Drainage. The developers shall adequately address storm water run-off resulting from
developing property within the district. Construction plans submitted to the city shall
include detailed drainage plans.
16. Maintenance of drainage facilities and common areas through a home owners'
association or property management company. For single family residential
development, the developer shall establish a home owners' association, which shall be
responsible for maintaining drainage facilities and common areas within the district. For
four-family residential, the property owner shall be responsible for maintaining drainage
facilities and common areas within the district. The owner may use the services of a
property management company for this purpose, but in case, the owner shall be
responsible for ensuring that drainage facilities and common areas are maintained.
17. Fencing & screening. Where the property abuts existing single family residential uses,
privacy fencing shall be installed by the developer. Fencing materials and height for
privacy fencing shall be governed by the Kennedale city code. Where the property
abuts existing park land, fencing shall be installed by the developer and shall be
wrought iron with masonry columns placed a minimum of six (6) feet and a maximum of
ten (10) feet apart. Columns shall not exceed six (6) feet in height. Where the property
abuts existing floodplain, fencing materials are not required, but if fencing is installed, it
6
shall be open metal materials meeting the fencing regulations of Kennedale city code.
Such materials shall include, but are not limited to, wrought iron and chain link. Barbed
wire is prohibited.
SECTION 3.
The following terms shall have the following definitions when used in this Ordinance.
Community center means a building used primarily for the social or recreational
activities serving the city, neighborhood, or apartment complex.
Four-family residential means a building which is intended, designed, or occupied as
the home or residence of up to four (4) households living independently of each other and
maintaining separate cooking facilities.
Household means one (1) or more persons living together as a single housekeeping
unit, in which not more than two (2) individuals are unrelated by blood, marriage or adoption,
but not including a group occupying a hotel, motel, boarding house, club, dormitory, fraternity
or sorority house.
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.
SECTION 4.
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 5.
The City Secretary is hereby directed to amend the official zoning map to reflect the
changes in classifications approved herein.
SECTION 6.
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.
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SECTION 7.
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 8.
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 9.
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 10.
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 11.
The City Secretary of the City of Kennedale is hereby directed to publish the
caption, Section 1, the penalty clause, the publication clause, and the 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 12.
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.
8
PASSED AND APPROVED ON THIS 20TH DAY OF JULY 2015.
APPROVED:
Brian Johnson, Mayor
ATTEST:
Leslie Galloway, City Secretary
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
Wayne K. Olson, City Attorney
9
EXHIBIT "A"
Legal Description
Tract 1:
Being 14.638 acres of land located in the C.B.Teague Survey,Abstract No.1506,Tarrant County,Texas,being a portion
of the tract of land described as"First Tract,Parcel No.1"in the deed to CD.Fincher and Mary Lane Fincher,recorded in
Volume 6928,Page 119,Deed Records,Tarrant County,Texas.Said 14.638 acres of land being more particularly
described as follows:
BEGINNING at a 314"iron rod found at the Northeast corner of said Fincher tract,being in the South line of a tract of land
described in the deed to the City of Kennedale,recorded in Volume 6003,Page 710,Deed Records,Tarrant County,
Texas,from which a 1/2"iron rod found bears N 76°33'38"E 0.51 feet;
THENCE S 00"01'16"E,along the East line of said Fincher tract,a distance of 590.76 feet to a 1/2"iron rod found at the
Southeast corner of said Fincher tract,being at the most Northerly Northeast corner of a tract of land described in the
deed to Texas Electric Service Company,recorded in Volume 3872,Page 354,Dead Records,Tarrant County,Texas;
THENCE along the South line of said Fincher tract as follows:
1.N 88°19'20"W,along the North line of said Texas Electric Service Company tract,a distance of 325.56 feet to a 518"
iron rod found at the Northwest corner of said Texas Electric Service Company tract and in the East line of a tract of land
described in the deed to Texas Electric Service Company,recorded in Volume 3953,Page 36,Deed Records,Tarrant
County,Texas;
2.N 01°37'32"E,along the East line of said Texas Electric Service Company tract recorded in Volume 3853,Page 36,a
distance of 125.22 feet to a 1/2"Iron rod stamped"Beasley RPLS 4050"set;
3.S 89"54'30"W,along the North line of said Texas Electric Service Company tract recorded in Volume 3853, Page 36,
a distance of 686.70 feet to a 1/2"iron rod stamped"Beasley RPLS 4050"set at the Southeast corner of a tract of land
described in the deed to the City of Konnedale,recorded in Instrument No,D209227306, Deed Records,Tarrant County,
Texas;
THENCE along the East line of said City of Kennedale tract recorded in Instrument No.D209227306 as follows:
1.N 43"43'57"W,a distance of 68.95 feet to a 1/2"iron rod stamped"Beasley RPLS 4050"set;
2.N 46"41'59"W,a distance of 74.26 feet to a 1/2"iron rod stamped"Beasley RPLS 4050"set;
3.N 57"13'55"W,a distance of 102.11 feet to a 1/2"iron rod stamped"Beasley RPLS 4050"set;
4.North,a distance of 93.25 feet to a 1/2"iron rod stamped"Beasley RPLS 4050"set;
5.N 17"18'39"E,a distance of 153.16 feet to a 1/2"iron rod stamped"Beasley RPLS 4050"set;
6.N 14"56'08"W,a distance of 77.83 feet to a 1/2"iron rod stamped"Beasley RPLS 4050"set;
7.N 31" 13'03"W,a distance of 58.62 feet to a 1/2"iron rod stamped"Beasley RPLS 4050"set In the West line of said
Fincher tract,being the North corner of said City of Kennedale tract recorded in Instrument No.0209227306;
THENCE N 00°18'59"W,along the West line of said Fincher tract,a distance of 71.21 feet to a 3/8"iron rod found at the
Northwest corner of said Fincher tract and in the South line of said City of Kennedale tract recorded in Volume 6003,Page
710;
THENCE along the North line of said Fincher tract and the South line of said City of Kennedale tract recorded In Volume
6003,Page 710 as follows:
1.N 89"38'01"E,a distance of 142.67 feet to a 1/2"iron rod found;
10
EXHIBIT"A"
Legal Description
2.S 00"49'19"E,a distance of 34.96 feet to a 112"iron rod found;
3.S 84"33'22"E,a distance of 1,062.80 feet to the point of beginning,containing 14.638 acres of land.
The bearings recited hereon are oriented to NAD 83,Texas North Central Zone.
Tract 2:
Being 8.383 acres of land located'in the Robert C.Richey Survey,Abstract No.1358,and the C,B.Teague Survey,
Abstract No. 1506,Tarrant County,Texas,being the tracts of land described as"First Tract,Parcel No.2"and"Second
Tract"in the deed to C.D.Finoher and Mary Lane Fincher,recorded in Volume 6928,Page 119,Deed Records,Tarrant
County,Texas.Said 8.383 acres of land being more particularly described as follows: -
BEGINNING at a PK Nail set at the Northeast corner of said"First Tract,Parcel No.2",being the Southeast corner of a
tract of land described In the deed to Texas Electric Service Company,recorded In Volume 3872, Page 354,Deed
Records,Tarrant County,Texas;
THENCE.S 14"00'54"E,along the East line of said"First Tract,Parcel No.2"a distance of 109.79 feet to a PK set at the
Southeast corner of said"First Tract,Parcel No.2",from which a 1/2"iron rod found bears S 23°38'36"E 2.46 feet;
THENCE S 88°09'23"W,along the South line of said"First Tract,Parcel No.2",a distance of 477.29 feet to a 112"iron
rod stamped"Beasley RPLS 4050"set at the most Easterly Northeast corner of said"Second Tract",being the Northwest
corner of a tract of land described in the deed to Exempt Trust FBO Stephen R.Hunsaker,recorded in Instrument No.
D207082608,Deed Records,Tarrant County,Texas;
THENCE S 02°44'19"W,along the most Easterly East line of said"Second Tract"and the West line of said Exempt Trust
FBO Stephen R.Hunsaker tract,a distance of 125.67 feet to a 112"iron rod stamped'Beasley RPLS 4050"set at the
Southeast comer of said"Second Tract",being at the Northeast corner of a tract of land described as"Tract 2"in the deed
to James Eugene Kite and Joyce Elizabeth tote,recorded in Instrument No.0212194840,Deed Records,Tarrant County,
Texas;
THENCE N 89°27'20"W,along the South line of said"Second Tract'and the North line of said Kite tract,at a distance of
208.49 feet passing a bent 314"iron rod found at the Northwest corner of said Kite tract and at the Northeast corner of a
tract of land described in the deed to Cindi McMillan,recorded in Instrument No.D210013627,Deed Records,Tarrant
County,Texas,continuing along the North line of said McMillan tract,in all,a distance of 1,128.60 feet to a 1/2"iron rod
found at the Southwest corner of said"Second Tract",being the Northeast corner of a tract of land described in the deed
to Texas Electric Service Company,recorded in Volume 4204,Page 66,Deed Records,Tarrant County,Texas and the
Southeast corner of a tract of land described in the deed to Texas Electric Service Company,recorded in Volume 4185,
Page 473,Deed Records,Tarrant County,Texas;
THENCE N 000 43'33'*W,along the West line of said"Second Tract`and the East line of said Texas Electric Service
Company tract recorded in Volume 4185,Page 473,a distance of 283.90 feet to a 3/8"iron rod found Inside a 5/8"iron
pipe found at the Northwest corner of said"Second tract"and at the Northeast corner of said Texas Electric Service
Company tract recorded in Volume 4185,Page 473;
THENCE S 88"17'54"E,along the North line of said"Second Tract",at a distance of 804,77 feet passing a 1/2"iron rod
found at the most Northerly Northeast corner of said"Second Tract'and at the Northwest corner of said"First Tract,
Parcel No.2"tract,continuing in all a distance of 1,589.31 feet to the point of beginning,containing 8.383 acres of land.
The bearings recited hereon are oriented to NAD 83,Texas North Central Zone.
NOTE, COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE
CALCULATIONS ARE CORRECT.
11
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Exhibit "B"
Concept and Site Plan
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PETITION FOR
CHANGE OF ZONING CLASSIFICATION
ZONING CASE # f 5- C)
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(assigned by city staff)
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DATE: 2/26/2015
City Council
City of Kennedale
Kennedale, Texas 76060
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL:
- You are hereby respectfully requested to approve the following request for a change of zoning
classification. I, the applicant, request to change the zoning classification of the property described on
Exhibit "A" attached, from its current zoning classification of
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,• R--3 » ( Single Family Residential Dortiat of
3
kits, entirety as shown on Exhibit "B»
attached. The property totals some 23 acres.
A statement of why the zoning change should be approved is attached to this application. I
understand that I must satisfy. the Council that either the general welfare of all the city affected by the
area to be changed will be enhanced, or that`the property is,unusable for the purposes allowed under
existing zoning.
Robert C. Richey Survey Abstract 41358 CB 'league Survey Abstract #1506
Legal Description is City of Kennedale, Tarrant County, Texas
Present use of the property is Vaccant Land
Address of the property is 332370 S. New Hope Road, Kennedale, Texas 77606
Property Owner's Name: C.D. Fin.cber and Mary Lane )iincher — Estate of C D Fincher
3
Address: 322 S. New Hope Road
Kennedale, TX 77606
Telephone Number:
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Applicant's Name: Kennedale Seniors, Ltd.
Address: 4500 Carter Creek Parkway, Suite 101
Bryan, TX 77802
Telephone Number: 979-846-8878
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If applicant is not the owner, an owner's affidavit must be submitted with this application.
1, the applicant, understand that city staff, the Planning & Zoning Commission, or the City Council may
request from me a site plan or other supporting documents concerning the nature, extent, and impact
of my request for rezoning, in addition to what I supply with my application for a change in zoning.
33
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I further certify that is the sole owner(s) of the property
described in the legal description and shown in the map attached to this application, as of the date'of
this application.
Applicant Signature ate
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