O587ORDINANCE N O. 5 8 7
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 "AG"
AGRICULTURAL ZONING 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 redevelopment of certain
property located near the Village Creek floodplain that would be appropriate for and
complementary to its location adjacent to a future park system, when such development is
consistent with the comprehensive land use plan; and
WHEREAS, Kennedale Economic Development Corporation, which has a proprietary
interest in said property being an approximately 8 -acre portion outside the floodplain of an
approximately 15.6 acre tract, belonging to Ethel Swiney and located in the David Strickland
Survey A -1376, Tarrant County, Texas, such property being mostly located west of the former
Williamson Drive as shown on the plat abandonment recorded in Tarrant County Clerk's
instrument number D214210746, wishes to encourage development of this property in keeping
with the goals and vision of the City of Kennedale in order to promote economic growth of the
city; and
WHEREAS, CHC Development wishes to pursue redevelopment of said property in
keeping with the Kennedale Economic Development Corporation's vision and goals; and
WHEREAS, the City of Kennedale believes the ordinance as proposed would help achieve
the vision set forth in the comprehensive land use plan; and
WHEREAS, the City Council has determined that a planned development zoning district is
the most appropriate zoning district to facilitate the development of the property; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the
City of Kennedale on the 17 day of December 2015 and by the City Council of the City of
Kennedale on the 18 day of January 2016 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 8 -acre portion outside the floodplain of an approximately 15.6
acre tract, belonging to Ethel Swiney and located in the David Strickland Survey
A -1376, Tarrant County, Texas, such property being mostly located west of the
former Williamson Drive as shown on the plat abandonment recorded in Tarrant
County Clerk's instrument number D214210746 ( "the property "), as more
particularly described on Exhibit "A" attached hereto and incorporated herein,
from "AG" Agricultural to "PD" Planned Development District ( "Swiney Estates
PD ") for single family residential use with modified restrictions, as more fully
described on the Concept Plan, attached hereto as Exhibit "B" and incorporated
herein.
SECTION 2.
The use of the Property shall be subject to the restrictions, terms and conditions set
forth in the Concept Plan, attached hereto as Exhibit "B ", and the Concept Plan is hereby
approved. The use of the Property shall further conform to the standards and regulations of the
"R2" Single Family Residential zoning 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:
1) Property location and size.
Kennedale Residential is established on property located west of Bowman Springs Rd.
and approximately 0.31 miles south of Interstate 20 with access off of Bowman Springs
Rd. This Planned Development is comprised of five (5) tracts of land consisting of
approximately 8.2 gross acres, more particularly described on Exhibit 'A' and shown
on the Exhibit 'C' Development Plan, which is attached hereto for all purposes.
2) Purpose
To create a Planned Development for thirty -five (35) single family residential lots. The
minimum gross density and a net density are as shown on the Development Plan. An
enhanced entry will be provided at the connection point to Bowman Springs Rd.
3) Development plan.
The proposed Development Plan as shown on Exhibit `B' will be in complete accordance
with the provisions of the approved Planned Development and shall be binding upon the
applicant thereof, his successors and assigns, and shall limit and control all building
permits.
4) Community Architectural Controls.
A) An Architectural Control Committee will govern the architectural attributes within
this Planned Development.
B) Architectural attributes for this residential development will consist of the following:
1) The front entry to a house will be well - defined and kept proportional to the
house. The front entry will be designed so as not to distract from the rest of
the house.
2) Only specialty windows such as box windows or circular windows may be
flush mounted to the exterior face of the house, all other windows are to be
inset to create relief on the elevations.
3) Facades will avoid large expanses of uninterrupted single exterior materials
and must be broken up by changes in plane through architectural
attenuation, accented with the effects of window placement, window trim, or
material type and color changes.
4) Shutters, if provided, will be sized and shaped to match the associated
openings.
5) Gutters, if provided, will be exposed or painted copper, galvanized steel, or
aluminum if exposed to the street.
6) All asphalt roof shingles will be laminated architectural shingles with a three
dimensional appearance and warranted for at least thirty (30) years.
a) Roof Materials.
i. All roofs must be constructed with 3 tab /3 dimensional shingles
and must have ACC approval.
ii. Roof Colors must be submitted for ACC approval.
7) A minimum roof pitch of 6:12 (inches of rise per inches of run) from side to
side will apply to the predominant roof with the exception of a tile or slate roof
that may have a minimum roof pitch of 5: 12 from side to side. A variety of
roof pitches may be incorporated into the roof design provided that the
predominant roof has at least a 6:12 pitch. Porch roofs shall have a
minimum 4:12 pitch. See variation below.
8) In order to encourage variety on a continuous block, the exterior facades for
houses will vary within every 6 houses. Once a house is constructed the
same combination of brick, stone, masonry-like materials, and paint will not
be used within four (4) houses on either side of that house.
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9) Exterior facades will be 100% masonry on the front, a minimum of 80%
masonry on the sides and rear. Masonry materials shall be a required by
Kennedale City Code Section 17 -405. The exception to this are walls over
the roof, such as bay or dormer windows, chimneys, or fireplaces, which are
not required to be masonry.
10) Chimneys.
a) All chimneys must meet industry safety guidelines.
b) Chimneys on an exterior wall shall be constructed completely to the
ground so as not to appear cantilevered from the building.
c) Chimneys located on exterior wall must be 100% masonry.
d) Chimney color to match base or accent material of the house or
compliment color of roof.
e) No wood trim shall be allowed on the chimney.
f) Any other materials shall be masonry or cementitious materials. Non -
cementitious materials shall not be used without written approval from the
ACC.
11) All garages will be decorative wood, carriage style, or decorative color metal
doors. Design between garage and home shall use same or complementary
colors and materials.
12) All exposed wood accents and wooden garage doors will be double stained
and sealed or painted with two (2) coats for protection and regularly
maintained as enforced by the HOA.
13) Decorative street lighting will be utilized and will conform to Oncor and City of
Kennedale standards and include the following if approved by and available
from Oncor: low profiling lighting; or induction lights (LED), scotopic lumens
allowing street lights with lower wattages and lower photopic lumens. Lighting
shall be consistent with the design of the neighborhood and shall be
distinguished from lights on adjacent or nearby arterial streets.
14) Any home with a covered front porch shall have a minimum depth of five (5)
feet and shall be at least fifty (50) square feet in total size to allow this space
to be usable. A covered porch may encroach into area designated as front
yard or side yard not greater than five (5) feet to help improve the
architecture of the home and the character of the street. For wrap- around
porches or any other porch style whose full width is not located on the front
fagade, a minimum of fifty (50) percent of the front porch shall be located on
the front fagade.
15) The landscape design along Bowman Springs Road will utilize enhanced
brick or masonry screen walls, wrought iron, and architectural features at the
entrance to the subdivision.
16) All common open space, landscaping in open space areas, private roads,
and masonry screen walls will have a mandatory Home Owners' Association
(HOA) to maintain those improvements. Any final plats or replats for this
development district shall contain a note stating which retaining walls are to
be maintained privately, either by individual owners or the HOA.
17) All lots with rear yards or side yards facing Bowman Springs Rd. shall use
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wrought iron fencing or masonry walls that conform to the City of Kennedale
standards and will be installed by the developer and maintained by
Homeowners' Association (HOA)
18) All lots with rear yards or side yards facing the Village Creek open space
shall have six -foot (6') high wrought iron fencing that conforms to the City of
Kennedale standards and be installed by the builder as their primary option.
The homeowner may be given a choice of wrought iron or cedar fencing that
conforms to this PD, and the City of Kennedale standards. The fence is to be
installed by the builder, and if a cedar privacy fence is chosen as the fencing
option, the builder will contribute $500 to the Village Creek Parks fund at the
time the building permit is issued.
19) The side yards and rear yards of all residential lots that are not facing public
right -of -way or Village Creek open space shall have a minimum six -foot (6')
high cedar fence to be installed by the builder and maintained by
homeowner.
20) Utility, Service and Mechanical Equipment
a) All equipment related to utilities intended to serve one Lot shall be
installed by the Owner of the Lot and shall be located underground if
possible.
b) All services to the Lot, including pre- wiring for cable television, must be
installed underground if available.
c) Ground - mounted mechanical equipment, such as HVAC units, shall be
screened from view and grouped together away from street and public
view. Private, surface- mounted mechanical equipment, air conditioners,
condensers, compressors, pool equipment, switches, etc. should be
placed behind the side yard fence of a Lot.
21) All cedar fencing will comply with the following requirements:
a) Use all cedar wood, 1" x 6" cedar planks, minimum 2" x 4" cedar
horizontal stringers, and 2" x 4" baseboards.
b) Treated on both sides with cedar tinted preservative or equal quality
stain, double stained.
C) Fence planks or panels must be at least five- eighths of one inch (5/8 ")
in thickness. Fence planks or panels must have a gap between the
ground and the wood to prevent rotting and decay.
d) All vertical posts, stringer brackets, all other hardware to construct
wooden fencing and gates will be galvanized steel.
e) All vertical post shall be set at a maximum distance of eight feet (8')
apart. All posts shall be set at a minimum depth of twenty -four inches
(24 ") deep incased in concrete and caped.
fl All materials will be securely fastened (i.e. vertical boards to horizontal
stringers, stringers to vertical posts) and be free from rot, rust,
vandalism, and other sources of decay.
g) Cedar fencing shall include a baseboard that is located within 6" from
the bottom of the fence.
22) The ACC shall require builder(s) to provide at least two (2) single -story
options for homebuyer consideration.
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5) General conditions.
A) Landscaping and Open Space.
1) The City's Landscaping ordinance will supersede where this ordinance is
silent. This ordinance will supersede to resolve any conflicts.
2) There will be a minimum of two 3" caliper trees per residential lot located in
the front yard and installed by the homebuilder. All tree locations and types
will conform to the City of Kennedale ordinances.
3) There will be a minimum of 6 three - gallon (3 gal) shrubs per residential lot
located in the front yard. All shrub locations and types will conform to the City
of Kennedale ordinances.
4) There will be a minimum of one three -inch (3 ") caliper trees or two five- gallon
(5 gal) shrubs in backyards for lots with the rear of the property adjacent to a
thoroughfare, park, park land or open space.
5) All lawns and landscaping will be irrigated.
6) Landscaping will be installed by the developer at the entry to the subdivision
and in common areas, including within the right -of -way for Bowman Springs
Road and along the subdivision screening wall and along the right -of -way on
Bowman Springs Road adjacent to the planned development district.
a) Landscaping shall be irrigated
b) Plants shall be conducive to the Southwest Nature Preserve and Village
Creek green belt, as to blend the entry and the community into the natural
surroundings.
c) The following plant types shall be included in the landscaping along the
Bowman Springs Rd right -of -way:
i. Irrigated climbing vines;
ii. 4- Five - gallon (5 gal) shrubs;
iii. 7- three -inch (3 ") caliper trees.
7) Landscaping installed by the developer shall be maintained by the
Homeowners' Association (HOA).
8) Right -Of -Way. Street right -of -way will be equal to 50' in width.
9) Lot Area and Setbacks. Lot areas and setbacks will be as shown on the
Exhibit'C' Development Plan.
10) Minimum Floor Area per dwelling unit. All lots will have a minimum of 1,800
square feet of dwelling space.
11) Perimeter Walls /Screening. The perimeter walls adjacent to Bowman Springs
Road will be a minimum of 6' in height and constructed of 100% masonry or
wrought iron.
B) Sidewalk Requirements.
1) A. Sidewalks will be required throughout the development. If not installed by
the developer, sidewalks along residential lots are to be constructed by the
home builder at the time of home construction for each residential lot.
2) Sidewalks shall be a minimum of five (5) feet in width.
Q Access to the public park will be provided within the development.
1) Access shall comply with accessibility standards and fire code.
2) A gate with lock will be provided at the access point to the subdivision.
6) Homeowners' Association.
A) A mandatory homeowners association (HOA) will be responsible for the
maintenance of the common landscape areas and exterior retaining walls within
the development that are built by the Developer (any landscaping and retaining
walls built by the homebuilder will be maintained by that property owner).
B) The homeowners association will have rules and regulations to ensure the proper
maintenance of home exteriors and common areas.
C) The homeowners association will include an architectural control committee (the
"ACC ") to review and approve all proposed home plans prior to construction.
D) Developer will maintain control of the HOA and the ACC until 100% of the lots
have been sold and at least 70% of the building permits have been issued.
SECTION 3.
The zoning districts and boundaries as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety,
morals and general welfare of the community. They have been designed to lessen congestion
in the streets, to secure safety from fire, panic, flood and other dangers, to provide adequate
light and air, to prevent overcrowding of land, to avoid undue concentration of population,
to facilitate the adequate provisions of transportation, water, sewerage, parks and other
public requirements. They have been made after a full and complete hearing with reasonable
consideration among other things of the character of the district and its peculiar suitability for
the particular uses and with a view of conserving the value of the buildings and encouraging
the most appropriate use of land throughout the community.
SECTION 4.
The City Secretary is hereby directed to amend the official zoning map to reflect the
changes in classifications approved herein.
SECTION 5.
The use of the properties hereinabove described shall be subject to all the applicable
regulations contained in the Comprehensive Zoning Ordinance and all other applicable and
pertinent ordinances of the City of Kennedale, Texas.
SECTION 6.
This Ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Kennedale, Texas (1991), as amended, including but not limited to all
Ordinances of the City of Kennedale affecting zoning and land use, and shall not repeal any of
the provisions of such ordinances except in those instances where provisions of such
ordinances are in direct conflict with the provisions of this ordinance.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists enforcement of any of the provisions of this ordinance shall be fined
not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights or remedies of the City of Kennedale Texas are expressly saved as to any and
all violations of any ordinances governing zoning or of any amendments thereto that have
accrued at the time of the effective date of this Ordinance and as to such accrued violations
and all pending litigation both civil and criminal same shall not be affected by this Ordinance but
may be prosecuted until final disposition by the Courts.
SECTION 9.
It is hereby declared to be the intention of the City Council that the phrases
clauses sentences paragraphs and sections of this ordinance are severable and if any phrase
clause sentence paragraph or section of this ordinance shall be declared unconstitutional by
the valid judgment or decree of any court of competent jurisdiction such unconstitutionality
shall not affect any of the remaining phrases clauses sentences paragraphs and sections of
this ordinance since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase clause sentence paragraph
or section.
SECTION 10.
The City Secretary of the City of Kennedale is hereby directed to publish the
caption, 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 11.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law and it is so ordained.
PASSED AND APPROVED ON THIS 18 DAY OF JANUARY 2016.
APPROVED:
Brian Johnson, Mayor
Wayne K. Olson, City Attorney
Exhibit A
METES & BOUNDS DESCRIPTION (EAST PART —OUTSIDE FLOODPLAIN)
Being a tract of land situated in the D. Strickland Survey, Abstract No. 1376 in the City of
Kennedale, Tarrant County, Texas, said tract of land being a portion of that certain
"Tract 2" as described to Leon Swiney and wife, Ethel M. Swiney as recorded in Volume
11497, Page 1305 and 1309, Deed Records of Tarrant County, Texas (DRTCT), said
tract of land also being a portion of Block 1, Swiney Estates Addition, an addition to the
City of Kennedale as recorded in Volume 388 -10, Page 93, Plat Records of Tarrant
County, Texas (PRTCT), said tract of land being more particularly described by metes
and bounds as follows:
BEGINNING at a 5/8 -inch iron rod found for the southwest corner of Lot 4 -R, Block 1,
Swiney Estates, an addition to the City of Kennedale as recorded in Cabinet B, Slide
2572, PRTCT;
THENCE North 88 degrees 13 minutes 57 seconds East, a distance of 230.61 feet to an
angle point in the south line of said Lot 4 -R;
THENCE South 08 degrees 14 minutes 03 seconds East, a distance of 0.60 feet to an
angle point in the south line of said Lot 4 -R;
THENCE North 88 degrees 19 minutes 51 seconds East, at a distance of 245.95 feet
passing a 1/2 -inch iron rod found for the southeast corner of said Lot 4 -R and continuing
a total distance of 265.96 feet to a 5/8 -inch iron rod set with plastic cap stamped "Shield
Engineering" on the westerly right -of -way line of Bowman Springs Road (a variable width
right -of -way), said iron rod also being the northeast corner of Lot 6 in the aforementioned
Block 1;
THENCE South 00 degrees 33 minutes 12 seconds East, with the common easterly line
of said Block 1 and said westerly right -of -way line, a distance of 307.31 feet to a 518 -inch
iron rod set with plastic cap stamped "Shield Engineering" at the northeast corner of
"Parcel No. 2" as described to the City of Kennedale by instrument recorded in
Instrument Number D211140987 DRTCT;
THENCE South 89 degrees 26 minutes 53 seconds West, with the northerly line of said
Parcel No. 2, a distance of 15.41 feet to a 5/8 -inch iron rod found for the northwest
corner of said Parcel No. 2;
THENCE South 00 degrees 33 minutes 07 seconds East, with the westerly line of said
Parcel No. 2, a distance of 18.19 feet to a 5/8 -inch iron rod found for the point of
curvature of a curve to the right in the westerly line of said Parcel No. 2;
THENCE with the arc of said curve to the right, at a distance of 75.59 feet passing a 5/8-
inch iron rod being the common southwest corner of "Parcel No. 2" and the northwest
corner of "Parcel No. 3 Pt 1" as described to the City of Kennedale by instrument
recorded in Instrument Number D211140987 DRTCT, and continuing in all a total arc
distance of 517.74 feet, said curve to the right having a central angle of 31 1 33'27 ", a
radius of 940.00 feet, and a chord bearing and distance of South 15 0 13'37" West, 511.22
feet to a 5/8 -inch iron rod found stamped "Gorrondona & Assoc" for the southwest corner
of "Parcel No. 3 Pt 1" at the intersection of westerly right -of -way line of Bowman Springs
Road (a variable width right -of -way) and the northerly right -of -way line of Williamson
Drive (a 50 -foot right -of -way);
THENCE South 56 degrees 16 minutes 14 seconds West, crossing the right -of -way of
Williamson Drive, a distance of 76.43 feet to the intersection of said westerly right -of -way
line of Bowman Springs Road (a variable width right -of -way) and the southerly right -of-
way line of said Williamson Drive (a 50 -foot right -of -way), said point being the point of
curvature of a non - tangent curve to the right and also being the northernmost northwest
corner of "Parcel No. 3 Pt 2" as described to the City of Kennedale by instrument
recorded in Instrument Number D211140987 DRTCT;
THENCE with the are of said non - tangent curve to the right and said westerly right -of-
way line and the northwesterly line of said "Parcel No. 3 Pt 2 ", a distance of 132.89 feet,
said curve to the right having a central angle of 8 0 22'01 ", a radius of 910.00 feet, and a
chord bearing and distance of South 39 1 32'44" West, 132.77 feet to a 5/8 -inch iron rod
set with plastic cap stamped "Shield Engineering ";
THENCE North 30 degrees 02 minutes 09 seconds West, departing said right -of -way
line and along the general vicinity of contour elevation 570, a distance of 297.12 feet to a
5/8 -inch iron rod set with plastic cap stamped "Shield Engineering" for an angle point in
the westerly line of the tract described herein;
THENCE North 02 degrees 22 minutes 03 seconds West, continuing along the general
vicinity of contour elevation 570, a distance of 494.52 feet to a 5/8 -inch iron rod set with
plastic cap stamped "Shield Engineering" for an angle point in the westerly line of the
tract described herein;
THENCE North 09 degrees 21 minutes 19 seconds West, continuing along the general
vicinity of contour elevation 570, a distance of 200.79 feet to the POINT OF BEGINNING
and CONTAINING 357,724 square feet or 8.212 acres of land area, more or less.
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