2017_01.19 PZ Packet ic
KENNEDALE
Planning and Zoning Commission
www.cityofkennedale.com
KENNEDALE PLANNING & ZONING COMMISSION
AGENDA
COMMISSIONERS - REGULAR MEETING
January 19, 2017
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. Presentation from OM Housing on possible project in Kennedale
C. Discuss items for future consideration, including regulations for food trucks
IV. REGULAR SESSION
V. CALL TO ORDER
VI. ROLL CALL
VII. MINUTES APPROVAL
A. Consider approval of minutes from the December 15, 2016 regular meeting of the Planning &
Zoning Commission
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.
A. Presentation and discussion with governmental delegation from Cambodia
IX. REGULAR ITEMS
A. Case# PZ 17-01 to hold a public hearing and consider approval of Ordinance 620 regarding a
zoning change from "C-1" Restricted commercial district and "R-3" Single family residential district to
"EC-2" Employment District Office and Service district for an approximately 2.54 acre tract located at
5400-5424 High Ridge Rd and 5401-5417 Kennedale St, legal description of Lot 1 R, Block 5, Oak
Crest, Kennedale, Tarrant County, Texas.
B. Case# PZ 17-02 to hold a public hearing and consider approval of Ordinance 621 regarding an
amendment to the Unified Development Code, as adopted by Ordinance 605, to amend Article 5
Village Districts Section 5.3 Form and Character to add building materials standards; to amend
Article 20 Natural Resource Management Sections 20.4.8 and 20.4.0 to amend tree protection
requirements; and to amend Article 13 Landscaping, Screening, and Lighting Section 13.6.C.3
Privacy Fence to amend regulations on buffering.
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 January 19, 2017, 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.
Rachel Roberts, Board Secretary
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KENNEDALE
Planning and Zoning Commission
www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS
Date: January 19, 2017
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:
Under this agenda item, the Commission members may discuss any item on the regular session
agenda. No public hearing may be held, and no action may be taken on any item.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
None
VIII. Alternative Actions:
IX. Attachments:
ic
KENNEDALE
Planning and Zoning Commission
www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS
Date: January 19, 2017
Agenda Item No: WORK SESSION- B.
I. Subject:
Presentation from OM Housing on possible project in Kennedale
II. Originated by:
III. Summary:
OM Housing is interested in developing a site in Kennedale (near TownCenter and the Downtown
Village character district) as a mixed-use development that would involve apartments, commercial
(office and retail), and possibly townhomes. They were interested in developing the site last year, but
at that time, the city did not have in place any standards for mixed-used districts. Now that the city has
adopted standards for mixed-used districts through the Unified Development Code, the developers
have a better idea of what the city would like to see built at this site. Representatives from OM
Housing will present their development concepts to the Commission in order to get input from you on
their ideas.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
VIII. Alternative Actions:
IX. Attachments:
ic
KENNEDALE
Planning and Zoning Commission
www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS
Date: January 19, 2017
Agenda Item No: WORK SESSION- C.
I. Subject:
Discuss items for future consideration, including regulations for food trucks
II. Originated by:
Rachel Roberts, City Planner
III. Summary:
Under this agenda item, the Commission may discuss items it would like to consider under future
agendas. No action may be taken on these items at this time, and no public hearing may be held.
One item on which staff would like input from the Commission is food trucks and similar mobile food
vendors. We field inquiries several times a year from vendors interested in operating food trucks or
other temporary food establishments (such as mobile snow cone stands or barbecue stands). At this
time, food trucks are only allowed at special civic events, such as Art in the Park and the food truck
events hosted by the Youth Advisory Council. But with the growing popularity of food trucks, many
cities have adopted regulations allowing these mobile establishments. Staff would like guidance from
the Commission on whether you would consider adopting similar regulations. If so, we will see what
regulations are working in other cities and will bring some regulations back to you.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
VIII. Alternative Actions:
IX. Attachments:
ic
KENNEDALE
Planning and Zoning Commission
www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS
Date: January 19, 2017
Agenda Item No: MINUTES APPROVAL - A.
I. Subject:
Consider approval of minutes from the December 15, 2016 regular meeting of the Planning &Zoning
Commission
II. Originated by:
Rachel Roberts, City Planner
III. Summary:
The minutes from last month's meeting are attached to this message for your consideration.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
Approve
VIII. Alternative Actions:
IX. Attachments:
1. 12.15.2016 PZ Minutes 112.15.2016 PZ Minutes draft . df
KENNEDALE
Planning and Zoning Commission
www.cityofkennedale.com
KENNEDALE PLANNING & ZONING COMMISSION
MINUTES
COMMISSIONERS REGULAR MEETING
December 15, 2016
CITY HALL COUNCIL CHAMBERS,405 MUNICIPAL DRIVE
I. CALL TO ORDER
Thomas Pirtle called the meeting to order at 6:03 P.M.
II. ROLL CALL
PLACE COMMISSIONER PRESENT ABSENT
1 Carolyn Williamson x
2 Chris Pugh x
3 Stephen Brim x
4 Thomas Pirtle,Vice-chair x
5 Harry Browne x
6 Ernest Harvey,Chair x
7 Patrick Filson x
8 Horace Young,Alternate x
9 Greg Adams,Alternate x
Mr. Pirtle served as chairman in Mr. Harvey's absence. Mr. Brown joined the group at 6:32 P.M.
Horace Young and Greg Adams served as regular members. A quorum was present.
Staff Present: Rachel Roberts (Community Development Director); Dale Gwak(Board Secretary)
III. WORK SESSION
A. Discuss any item on the regular session agenda.
The Commission discussed the proposed amendments to the Unified Development Code under Case PZ
16-16. Ms. Roberts said there would likely be additional changes requested later. Ms. Roberts gave a
brief overview of the proposed changes. She said the Employment Center master plan specifically
allowed for a hotel to be developed in the area in the future, and that it was always the intent to allow a
hotel there, but somehow it was omitted from the UDC as a permitted use.
Mr. Pirtle asked the reasons for the changes. Ms. Roberts said that the changes reflect inadvertent
omissions and errors. The Commission discussed at length the proposed changes about notifying
registered community groups. Ms. Roberts said that the UDC says that registered groups would be
notified just like property owners receiving notices if within 200 feet of a proposed change, but
Kennedale does not actually maintain a registry of community groups. Staff recommended
405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817.985.2135 1 Fax: 817-478-7169
removing this section from the UDC because it gives the impression that the city has a way for
community groups to register when in fact we do not.
Mr. Adams asked how much work it would be to create a system to register community groups. He
also suggested that even though that registry does not exist, that section should not be removed
because it can give the mistaken impression that the city government is becoming less transparent,
because someone who didn't know the city doesn't maintain a registry might think the city is just
eliminating one way of communicating with the public.
Regarding other proposed changes, Ms. Roberts also said that there is a section where a final
inspection for a subdivision is said to be conducted by the building inspector, but these inspections
are done by the Public Works department, and so the proposed change is to have the language in the
UDC reflect actual practice. And returning to the discussion of the Employment Center changes, Ms.
Roberts mentioned that the City is trying to make sure the residents of the Oak Crest neighborhood
do not feel they are being forced out by redevelopment.
Mr. Adams asked if some of the changes would be brought to the City Council on Monday. Ms.
Roberts said that it would. Mr. Adams asked if the changes to the UDC could be tabled. Ms. Roberts
said that it could be recommended to be tabled for now, and sections of the UDC could be changed
individually or tabled individually.
The Commission returned to the discussion regarding the section on registering community groups.
They discussed the benefits and disadvantages of keeping this section in the UDC. Ms. Roberts said
that if the decision is to keep that part of the UDC, then a system to register "community groups"
would have to be established.
Mr. Adams suggested that this decision should be tabled because there are many things to consider,
especially in terms of the public's impression on whether the government is being transparent or not.
He suggested that it is important that no one feels that the public is being left in the dark. Mr. Browne
noted that there are other ways to stay informed. Ms. Williamson asked how the public is notified
about cases that happen in the city. Ms. Roberts said that a letter is sent to owners of property within
200 feet of the geographic location in question, and a notice is published in the newspaper, as well as
the board agenda being posted on the city's website.
Mr. Pirtle closed the work session at 6:58 P.M.
B. Discuss items from the future Planning&Zoning Commission agendas.
The Commission did not have time to discuss this item.
IV. REGULAR SESSION
V. CALL TO ORDER
Mr. Pirtle called the regular session to order at 7:03 P.M.
VI. ROLL CALL
PLACE COMMISSIONER PRESENT ABSENT
1 Carolyn Williamson x
2 Chris Pugh x
3 Stephen Brim x
4 Thomas Pirtle,Vice-chair x
5 Harry Browne x
6 Ernest Harvey,Chair x
7 Patrick Filson x
8 Horace Young,Alternate x
9 Greg Adams,Alternate x
A quorum was present.
Staff Present: Rachel Roberts (Community Development Director); Dale Gwak(Board Secretary)
VII. MINUTES APPROVAL
A. Consider Approval of minutes from the Nov 17, 2016 Planning and Zoning Commission meeting.
Ms. Williamson made a motion to approve the minutes, seconded by Mr. Young. The motion passed
with all in favor.
VIII. VISITOR/CITIZENS FORUM
No one registered to speak.
IX. REGULAR ITEMS
A. Case#PZ 16-16 to hold a public hearing and consider approval of Ordinance 619 regarding an
amendment to the Unified Development Code, as adopted by Ordinance 605,to amend the
schedule of uses in Article 7, Employment Center Districts, to allow hotel/ motel as a permitted
use in the Employment District Office and Service (EC-2) district and the following uses with a
conditional use permit in Employment Center Commercial (EC-1) and Employment District Office
and Service (EC-2) districts: Restaurant with drive-through; Wind energy turbine; Solar energy
equipment; General office and services; bank/financial services with drive-through; General
offices and services-with a drive-through; Vehicle repair, minor; Vehicle sales and rental:
automobiles, light trucks, boats, and to amend Article 22 Review Procedure and Requirements by
eliminating Section 22.9.C.2.b., and to amend Article 26 Subdivision Review, Section 26.13
Construction Plans and Installation of Improvements.
Ms. Roberts said the City had recently adopted regulations for the Employment Center and Old Town
zoning districts, and there were some uses that permitted in those districts that were left out of the
UDC unintentionally. She also described the proposed changes to the section of UDC requiring the
city to notify registered community groups and the section regarding subdivision final inspections.
No one registered to speak at the public hearing.
Ms. Roberts recommended approval and said staff could make whatever changes the Commission
recommended in terms of the registry. Mr. Pirtle said he liked the idea of transparency and
encouraged a recommendation allowing the staff to research how long it would take to establish a
way to maintain a community group registry.
Mr. Adams made a motion to recommend approval of Case PZ 16-16 with the condition that staff
research section 3 of the ordinance [notifying registered community groups] and remove section 3
from the ordinance in the meantime. The motion was seconded by Mr. Young, and with no further
discussion, the motion passed with Mr. Pirtle, Mr. Adams, Ms. Williams, and Mr. Young in favor and
Mr. Filson and Mr. Browne opposed.
X. REPORTS/ANNOUNCEMENTS
Ms. Roberts told the Commission about the upcoming open house for Kennedale Family Dentistry.
She also said City Hall would be closed on the 23rd and 26th, and the library would be closed on the
23rd and 24tH
Mr. Pirtle said he'd been working on a building project in Kennedale and that the Unified
Development Code regulations help improve the city. He said we're doing great things for the city,
and what we do actually works.
Mr. Filson asked if they could get a copy of the Council minutes on the Commission's rezoning case
from the previous month, and Ms. Roberts said yes.
XI. ADJOURNMENT
Mr. Pirtle motion to adjourn, seconded by Ms. Williamson. The motion passed unanimously, and with
no further business to discuss, the meeting was adjourned at 7:23 P.M.
Attest:
Ernest Harvey, Chair Rachel Roberts, Community Development
Director
Date
ic
KENNEDALE
Planning and Zoning Commission
www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS
Date: January 19, 2017
Agenda Item No: VISITOR/CITIZENS FORUM - A.
I. Subject:
Presentation and discussion with governmental delegation from Cambodia
II. Originated by:
III. Summary:
The City of Kennedale will be hosting a delegation of government officials from Cambodia during the
week of January 16th. The delegation, which includes a provincial governor, will be attending the
Planning &Zoning Commission, and will give a report to the Commission concerning government in
Cambodia.
IV. Notification:
V. Fiscal Impact Summary:
VI. Legal Impact:
VII. Recommendation:
VIII. Alternative Actions:
IX. Attachments:
)c
KENNEDALE
Planning and Zoning Commission
www.cityofkennedale.com
STAFF REPORT TO THE PLANNING & ZONING COMMISSION
Date: January 19, 2017
Agenda Item No: REGULAR ITEMS (A)
I. SUBJECT
CASE # PZ 17-01 to hold a public hearing and consider approval of Ordinance
620 regarding a zoning change from "C-1" Restricted commercial district and
"R-3" Single family residential district to "EC-2" Employment District Office and
Service district for an approximately 2.54 acre tract located at 5400-5424 High
Ridge Rd and 5401-5417 Kennedale St, legal description of Lot 1R, Block 5,
Oak Crest, Kennedale, Tarrant County, Texas.
II. SUMMARY
BACKGROUND OVERVIEW
Request Rezone from C-1 and R-3 to EC-2
Applicant City of Kennedale
Location Oak Crest neighborhood; bounded by I-20 access road, High
Ridge Rd, Kennedale St, and Link St
Surrounding Uses Residential (single family and mobile home); vacant land;
commercial; industrial
Surrounding Zoning C-1, R-3, PD (commercial); EC; I (see map)
Future Land Use Plan Designation Employment Center
Staff Recommendation Approve
CURRENT STATUS OF •
The property is vacant. It is owned by the Kennedale Economic Development Corporation and was
recently cleared and replatted into one lot to help with redevelopment efforts.
SURROUNDING PROPERTIES & NEIGHBORHOOD
SURROUNDING PROPERTIES AND NEIGHBORHOOD
The property is adjacent to the I-20 frontage road to the north and by commercial uses to the west
and east. Residential uses abut the property to the south and southwest (single family residential and
mobile home). Zoning classifications on surrounding property are Employment Center, C-1 restricted
commercial (which permits mainly retail and office uses), the planned development district for QuikTrip,
and single family residential (R-3). To the south but not adjacent to the site are several industrial uses
(auto salvage).
STAFF REVIEW
COMPREHENSIVE LAND USE PLAN
This property is shown as Employment Center in the Future Land Use Plan.
The Employment Center district is designed for major office development for corporate headquarters
or multiple smaller offices. The comprehensive plan notes that ideally a mix of land uses—including
office and retail—would occupy this site, with an emphasis on employment.
The comprehensive plan's Principal # 2 – Economic Prosperity is related to this rezoning. This principal
includes goals to create job opportunities in Kennedale that help stabilize the local tax base and allow
residents to work close to home. The Employment Center zoning district was intended to provide a
location for such opportunities.
SUMMARY
The rezoning request conforms to the comprehensive land use plan.
COMPLIANCE WITH CITY GOALS AND RELATED PLANS
STRATEGIC PLAN
REDEVELOPMENT OF OAK CREST. Although no specific steps were recommended, one section of
the strategic plan section is focused on business development, and that section recommends giving
high priority to the improvement and development of the Oak Crest area. The requested rezoning
would allow for the kind of redevelopment desired by the city.
CITY COUNCIL ENDS STATEMENTS AND GOALS
S2 - BE A SUSTAINABLE AND ATTRACTIVE CITY. Goal S2 of the balanced scorecard goals relates
to this request. The EC district regulations require a higher standard of development than the city's
other commercial zoning district, which means that redevelopment occurring under the EC regulations
should be more attractive than would be developed under Kennedale's straight commercial zoning
districts. For example, properties within the EC-2 district are required to have 90% masonry, whereas C-
0, C-1, and C-2 districts only require 80% masonry. In addition, the district has blank wall limitations
and controls drive-through access.
STAFF RECOMMENDATION
Based on the above analysis, staff recommends approval of the rezoning.
ACTION BY THE PLANNING • ZONING COMMISION
Approval: Based on the information presented, I find that the request meets city requirements and is
in compliance with the comprehensive land use plan and make a motion to approve Case PZ 17-01.
Approval with Conditions: Based on the information presented, I find that [state findings] and make a
motion to approve Case PZ 17-01 with the following conditions [list conditions].
Deny: Based on the information presented, I find that the request does not meet
[list standards or requirements not met] and make a motion to deny Case PZ 17-01.
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CATEGORIES
Town Center Neighborhood Corridor Conservation Overlay
Downtown Village Neighborhoods Potential Commuter Train
ocrc Urban Village Employment Center or Park&Ride Sta tion
IMI Urban Corridor Light Industrial District Schools
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February 27,2012
ORDINANCE N O . 6 2 0
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED;
REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE
CITY OF KENNEDALE FROM "R-3" SINGLE FAMILY RESIDENTIAL
DISTRICT AND "C-1" RESTRICTED COMMERCIAL DISTRICT TO "EC-2"
EMPLOYMENT DISTRICT OFFICE AND SERVICE 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 property described below is within an area designated as Employment
Center in the Future Land Use Plan within the comprehensive land use plan; and
WHEREAS, the City Council has determined that the "EC" Employment Center zoning
district is the most suitable zoning district for the property described below, in accordance with
the comprehensive land use plan and with the Employment Center Master Plan; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the
City of Kennedale on the 1 91" day of January 2017 and by the City Council of the City of
Kennedale on the 23rd day of January 2017 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
1
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 2.54 acre tract in the David Strickland Survey A-1376, more
particularly described as Lot 1 R, Block 5, Oak Crest, Tarrant County, Texas ("the
Property"), as more particularly described on Exhibit "A" attached hereto and
incorporated herein, "R-3" Single family residential district and "C-1" Restricted
commercial district to "EC-2" Employment District Office and Service district.
SECTION 2.
The zoning districts and boundaries as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety,
morals and general welfare of the community. They have been designed to lessen congestion
in the streets, to secure safety from fire, panic, flood and other dangers, to provide adequate
light and air, to prevent overcrowding of land, to avoid undue concentration of population,
to facilitate the adequate provisions of transportation, water, sewerage, parks and other
public requirements. They have been made after a full and complete hearing with reasonable
consideration among other things of the character of the district and its peculiar suitability for
the particular uses and with a view of conserving the value of the buildings and encouraging
the most appropriate use of land throughout the community.
SECTION 3.
The City Secretary is hereby directed to amend the official zoning map to reflect the
changes in classifications approved herein.
SECTION 4.
The use of the properties hereinabove described shall be subject to all the applicable
regulations contained in the Comprehensive Zoning Ordinance and all other applicable and
pertinent ordinances of the City of Kennedale, Texas.
SECTION 5.
This Ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Kennedale, Texas (1991), as amended, including but not limited to all
Ordinances of the City of Kennedale affecting zoning and land use, and shall not repeal any of
the provisions of such ordinances except in those instances where provisions of such
ordinances are in direct conflict with the provisions of this ordinance.
2
SECTION 6.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists enforcement of any of the provisions of this ordinance shall be fined
not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION 7.
All rights or remedies of the City of Kennedale Texas are expressly saved as to any and
all violations of any ordinances governing zoning or of any amendments thereto that have
accrued at the time of the effective date of this Ordinance and as to such accrued violations
and all pending litigation both civil and criminal same shall not be affected by this Ordinance but
may be prosecuted until final disposition by the Courts.
SECTION 8.
It is hereby declared to be the intention of the City Council that the phrases
clauses sentences paragraphs and sections of this ordinance are severable and if any phrase
clause sentence paragraph or section of this ordinance shall be declared unconstitutional by
the valid judgment or decree of any court of competent jurisdiction such unconstitutionality
shall not affect any of the remaining phrases clauses sentences paragraphs and sections of
this ordinance since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase clause sentence paragraph
or section.
SECTION 9.
The City Secretary of the City of Kennedale is hereby directed to publish the
caption, 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 10.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law and it is so ordained.
PASSED AND APPROVED ON THIS 23RD DAY OF JANUARY 2017.
APPROVED:
Mayor, Brian Johnson
ATTEST:
3
City Secretary, Leslie Galloway
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne K. Olson
4
EXHIBIT"A"
METES AND BOUNDS DESCRIPTION
PROPOSED LOT 1R, BLOCK 5, OAK CREST
CITY OF KENNEDALE, TARRANT COUNTY, TEXAS
BEING A TRACT OF LAND SITUATED IN THE DAVID STRICKLAND SURVEY, ABSTRACT NO. 1376, CITY OF
KENNEDALE, TARRANT COUNTY, TEXAS, AND BEING ALL OF LOTS 1, 2, 3, 4, 5, 13, 14, 15, AND 16 AND A
PORTION OF LOTS 6 AND 12 ALL IN BLOCK 5 OF OAK CREST, AS RECORDED IN VOLUME 388-C, PAGE 81
IN THE PLAT RECORDS OF TARRANT COUNTY,TEXAS AND AS CONVEYED TO KENNEDALE ECONOMIC
DEVELOPMENT CORPORATION BY INSTRUMENTS RECORDED IN COUNTY CLERK'S INSTRUMENT
NUMBERS: D216142741, D216142742, D213146389, D214022831, D216215916, D215215412,
D216085929, D214147258, AND D214174286 ALL IN THE OFFICIAL PUBLIC RECORDS OF TARRANT
COUNTY,TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING AT A 5/8-INCH IRON ROD FOUND WITH BLUE PLASTIC CAP STAMPED "SHIELD
ENGINEERING" FOR THE NORTHERN CORNER OF SAID LOT 1 AND BEING AT THE INTERSECTION OF THE
SOUTHWEST RIGHT-OF-WAY LINE OF HIGH RIDGE ROAD (A 50-FOOT RIGHT-OF-WAY)AND THE
SOUTHEAST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 20 (A VARIABLE WIDTH RIGHT-OF-WAY);
THENCE SOUTH 49°13'33" EAST, ALONG THE COMMON NORTHEAST LINE OF SAID LOT 1 AND SAID
SOUTHWEST RIGHT-OF-WAY LINE, AT A DISTANCE OF 109.62 FEET PASSING A 1-INCH IRON PIPE FOUND
FOR THE COMMON EASTERN CORNER OF SAID LOT 1 AND THE NORTHERN CORNER OF SAID LOT 2 AND
CONTINUING IN ALL A TOTAL DISTANCE OF 168.26 FEET TO A 5/8-INCH IRON ROD FOUND WITH BLUE
PLASTIC CAP STAMPED "SHIELD ENGINEERING" FOR AN ANGLE POINT IN SAID COMMON LINE;
THENCE SOUTH 53°05'30" EAST, CONTINUING ALONG THE COMMON NORTHEAST LINE OF LOTS 2, 3, 4,
5, 6 AND SAID SOUTHWEST RIGHT-OF-WAY LINE,AT A DISTANCE OF 46.30 FEET PASSING A 1-INCH IRON
PIPE FOUND FOR THE COMMON EASTERN CORNER OF SAID LOT 2 AND THE NORTHERN CORNER OF
SAID LOT 3 AND CONTINUING IN ALL A TOTAL DISTANCE OF 377.69 FEET TO A 5/8-INCH IRON ROD SET
WITH BLUE PLASTIC CAP STAMPED "SHIELD ENGINEERING"IN THE FUTURE NORTHWEST LINE OF LINK
STREET(A PROPOSED 50-FOOT RIGHT-OF-WAY);
THENCE SOUTH 47°26'09" WEST, ALONG SAID FUTURE NORTHWEST RIGHT-OF-WAY LINE, A DISTANCE
OF 50.10 FEET TO A 5/8-INCH IRON ROD SET WITH BLUE PLASTIC CAP STAMPED "SHIELD ENGINEERING"
FOR A POINT OF CURVATURE OF A CURVE TO THE LEFT IN SAID NORTHWEST RIGHT-OF-WAY LINE;
THENCE WITH THE ARC OF SAID CURVE TO THE LEFT AND CONTINUING ALONG SAID NORTHWESTERLY
RIGHT-OF-WAY LINE, AN ARC DISTANCE OF 165.16 FEET TO A 5/8-INCH IRON ROD SET WITH BLUE
PLASTIC CAP STAMPED "SHIELD ENGINEERING" IN THE COMMON SOUTHWEST LINE OF SAID LOT 12
AND THE NORTHEAST RIGHT-OF-WAY LINE OF KENNEDALE STREET(A 50-FOOT RIGHT-OF-WAY), SAID
CURVE TO THE LEFT HAVING A DELTAANGLE OF 18°01'44", A RADIUS OF 524.88 FEET, AND A CHORD
BEARING AND DISTANCE OF SOUTH 38°27'07" WEST, 164.48 FEET;
THENCE NORTH 61°27'26" WEST, ALONG SAID COMMON SOUTHWEST LINE OF LOT 12 AND SAID
NORTHEAST RIGHT-OF-WAY LINE, A DISTANCE OF 19.87 FEET TO A 5/8-INCH IRON ROD SET WITH BLUE
PLASTIC CAP STAMPED "SHIELD ENGINEERING" FOR A POINT OF CURVATURE OF A CURVE TO THE RIGHT
IN SAID COMMON LINE;
THENCE WITH THE ARC OF SAID CURVE TO THE RIGHT AND ALONG THE COMMON SOUTHWEST LINE OF
SAID LOT 12, 13, 14 AND CONTINUING ALONG SAID NORTHEAST RIGHT-OF-WAY LINE, AT AN ARC
DISTANCE OF 28.40 FEET PASSING A 1-INCH IRON PIPE FOUND FOR THE COMMON WEST CORNER OF
SAID LOT 12 AND THE SOUTH CORNER OF SAID LOT 13, AND AT A CUMULATIVE ARC DISTANCE OF
148.20 FEET PASSING A 5/8-INCH IRON ROD FOUND WITH BLUE PLASTIC CAP STAMPED "SHIELD
ENGINEERING" FOR THE COMMON WESTERN CORNER OF SAID LOT 13 AND THE SOUTHERN CORNER OF
SAID LOT 14, FROM WHICH A 1/2-INCH IRON ROD FOUND BEARS NORTH 75°05'55" EAST, A DISTANCE
OF 4.18 FEET AND CONTINUING IN ALL, A TOTAL ARC DISTANCE OF 192.10 FEET TO A 5/8-INCH IRON
ROD SET WITH BLUE PLASTIC CAP STAMPED "SHIELD ENGINEERING", SAID CURVE TO THE RIGHT
HAVING A DELTA ANGLE OF 15°17'49", A RADIUS OF 719.53 FEET, AND A CHORD BEARING AND
DISTANCE OF NORTH 54°11'54" WEST, 191.53 FEET;
THENCE NORTH 46°00'47" WEST, ALONG THE COMMON SOUTHWEST LINE OF SAID LOT 14, 15, 16 AND
SAID NORTHEAST RIGHT-OF-WAY LINE, AT A DISTANCE OF 76.12 FEET PASSING A 1-INCH IRON PIPE
FOUND FOR THE COMMON WESTERN CORNER OF SAID LOT 14 AND THE SOUTHERN CORNER OF LOT 15,
AT A DISTANCE OF 166.46 FEET PASSING A 5/8-INCH IRON ROD FOUND WITH BLUE PLASTIC CAP
STAMPED "SHIELD ENGINEERING" FOR THE COMMON WESTERN CORNER OF SAID TRACT DESCRIBED IN
INSTRUMENT NO. D214147258 AND THE SOUTHERN CORNER OF SAID TRACT DESCRIBED IN
INSTRUMENT NO. D214174286,AT A DISTANCE OF 187.18 FEET PASSING A 1-INCH IRON PIPE FOUND
FOR THE COMMON WESTERN CORNER OF SAID LOT 15 AND THE SOUTHERN CORNER OF SAID LOT 16,
AT A DISTANCE OF 213.79 FEET PASSING A 5/8-INCH IRON ROD FOUND WITH BLUE PLASTIC CAP
STAMPED "SHIELD ENGINEERING" FOR THE COMMON WESTERN CORNER OF SAID TRACT DESCRIBED IN
INSTRUMENT NO. D214174286 AND THE SOUTHERN CORNER OF SAID TRACT DESCRIBED IN
INSTRUMENT NO. D216142742 AND CONTINUING IN ALL,A TOTAL DISTANCE OF 308.49 FEET TO A 5/8-
INCH IRON ROD FOUND FOR THE WESTERN CORNER OF SAID LOT 16 AND BEING AT THE INTERSECTION
OF SAID NORTHEAST RIGHT-OF-WAY LINE WITH THE AFOREMENTIONED SOUTHEAST RIGHT-OF-WAY
LINE OF INTERSTATE HIGHWAY 20;
THENCE NORTH 32°34'13" EAST, ALONG THE COMMON NORTHWEST LINE OF SAID LOT 16, LOT 1 AND
SAID SOUTHERLY RIGHT-OF-WAY LINE, AT A DISTANCE OF 87.12 FEET PASSING A 5/8-INCH IRON ROD
FOUND FOR THE COMMON NORTHERN CORNER OF SAID LOT 16 AND THE WESTERN CORNER OF SAID
LOT 1, AND CONTINUING IN ALL, A TOTAL DISTANCE OF 194.15 FEET TO THE POINT OF BEGINNING AND
CONTAINING 110,791 SQUARE FEET OR 2.543 ACRES OF LAND, MORE OR LESS.
)c
KENNEDALE
Planning and Zoning Commission
www.cityoMennedale.com STAFF REPORT TO THE PLANNING & ZONING COMMISSION
Date: January 19, 2017
Agenda Item No: REGULAR ITEMS (B)
I. SUBJECT
CASE # PZ 17-02 to hold a public hearing and consider approval of Ordinance 621
regarding an amendment to the Unified Development Code, as adopted by Ordinance
605, to amend Article 5 Village Districts Section 5.3 Form and Character to add
building materials standards; to amend Article 20 Natural Resource Management
Sections 20.4.6 and 20.4.0 to amend tree protection requirements; and to amend
Article 13 Landscaping, Screening, and Lighting Section 13.6.C.3 Privacy Fence to
amend regulations on buffering.
II. SUMMARY
BACKGROUND OVERVIEW
Request Amend UDC
Applicant City of Kennedale
Staff Recommendation Approve
BACKGROUND OVERVIEW
As city staff have been working with the new Unified Development Code (UDC), we have discovered
some errors and some sections that are not as clear as they should be in order to have an easy-to-use
document. Staff may bring additional changes to the Planning & Zoning Commission and the City
Council as needed. We expect that after this year, any remaining errors of this kind will have been
identified already, and the number of amendments needed will decrease.
STAFF REVIEW
Description of recommended changes
Vi//age District standards
The Village District regulations in the Unified Development Code do not include building materials
standards. We confirmed with LSL Planning that they had not intended to leave these standards out
of the UDC, and they were left out in error. The proposed ordinance would add the missing building
materials standards to the UDC. The standards are based on work done by the Planning & Zoning
Commission on development regulations for Village districts prior to the code update undertaken by
LSL Planning.
Tree Protection
The city's existing tree protection requirements were incorporated into the UDC as written (adopted in
2004). Since adoption of the UDC, we have had an opportunity to take a closer look at these
requirements while reviewing development plans in the past few months. It has become clear that our
tree protection requirements are conflicting and also do not allow the city to accomplish the goals
desired through tree protection regulations.
Conflicting regulations: The current code says that grading of a site is permitted to begin after a
preliminary plat has been approved. However, site grading almost always involves removing
some trees, and tree removal isn't permitted for grading until after a final plat has been
approved. In these cases (which applies to most site development), grading cannot actually be
permitted after preliminary plat approval.
Allowing clear cutting: One of the main goals of the tree protection regulations is to prevent
clear-cutting and to encourage trees to be saved during development as much as possible.
However, our regulations allow trees to be removed without any penalties (no tree replacement
or fees-in-lieu are required) if the trees are within an area labeled as cut or fill on an approved
grading plan. But usually the entire site under development will require at least some grading,
which ends up allowing a site to be clear-cut after all; this is the opposite of what the
regulations were intended to achieve.
The attached ordinance would remove the conflicting requirements and be more effective at
preventing clear-cutting.
Fencing between incompatible districts
Prior to adopting the UDC, city regulations required a screening fence to be installed whenever
development occurred next to a property zoned for a less intensive use. For example, if a property
zoned C-1 were to be developed and was adjacent to a property zoned R-3, then the developer of the
C-1 zoned property would be required to install a screening fence along the property line with the R-3
zoning. The UDC requires that instead, buffering and landscaping should be used. Staff agreed with LSL
Planning's recommendation to require buffering and landscaping, as these techniques can sometimes
be more effective at minimizing impacts on neighboring properties. However, we unfortunately did not
realize that the fence requirement was proposed to be eliminated through the UDC. Staff recommends
adding a requirement that a fence must be used when a property zoned "C-2" General commercial or
"I" Industrial is located next to an agricultural or residential zoning district.
STAFF RECOMMENDATION
Staff recommends approval.
ACTION • NING COMMISION
Approval: Based on the information presented, I find that the request meets city requirements for
amending the UDC and make a motion to approve Ordinance 621.
Approval with Conditions: Based on the information presented, I find that the request meets city
requirements for amending the UDC and make a motion to approve Ordinance 621.
Deny: Based on the information presented, I find that the request does not meet city requirements
and make a motion to deny the request.
ORDINANCE NO. 621
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF
THE CITY OF KENNEDALE, TEXAS BY AMENDING ARTICLE 20,
NATURAL RESOURCES MANAGEMENT, SECTION 20.4 NEW
DEVELOPMENTS; BY AMENDING ARTICLE 13 LANSCAPING,
SCREENING, AND LIGHTING, SECTION 13.6 BUFFERING; AND BY
AMENDING ARTICLE 5 VILLAGE DISTRICTS, SECTION 5.3 FORM
AND CHARACTER; 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, the City Council has adopted a Unified Development Code that
regulates 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
that otherwise regulates the development and use of properties within the city limits of
the City of Kennedale; and
WHEREAS, in order to promote the public health, safety and general welfare the
City Council desires to amend the Unified Development Code as provided in this
ordinance; and
WHEREAS, the Planning and Zoning Commission of the City of Kennedale,
Texas held a public hearing on January 19, 2017, and the City Council of the City of
Kennedale, Texas held a public hearing on January 23, 2017, 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 22 of the Unified Development Code, and all other
laws dealing with notice, publication, and procedural requirements for amending the
Unified Development Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, THAT:
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SECTION 1.
Sub-section 13.6.C.3 "Privacy Fence" of Article 13, "Landscaping, Screening,
and Lighting" of the Unified Development Code of the City of Kennedale, Texas, as
amended, is hereby amended to read as follows:
C. Privacy Fence. A privacy fence may be used to supplement
landscaping. For the linear footage a privacy fence is used, the minimum
landscaping requirement shall be reduced by 75 percent. Minimum buffer
width must be maintained. For development within an "I" Industrial zoning
district or within a "C-2" general commercial zoning district adjacent to a
Type 1 zoning district (as shown in Table 13.6), a privacy fence is
required, and the minimum landscaping requirement shall be reduced by
50 percent. To qualify for the reduction, privacy fences must meet the
following requirements:
a. Six (6) foot minimum height.
b. Placed at least five (5) feet from the property line.
c. Gaps between pickets must be no greater than one-half ('/2) of an inch.
SECTION 2.
Section 5.3.E.1 "Building Form Standards" of Article 5, "Village District," of the
Unified Development Code of the City of Kennedale, Texas, as amended, is amended
to add sub-section d, to read as follows:
d. Materials. A minimum of 80 percent masonry material is required on
facades all facades, with masonry defined as brick, stone, cast stone, or
stucco (3-step). Masonry materials not specifically listed above, such as
cementitious fiber, granite, or glass block, may be used if permitted in
writing by the director of development or designee and will be reviewed by
the City according to quality, durability, and whether it fits the character of
the district.
SECTION 3.
Section 20.4.13 "Residential Developments" of Article 20, "Natural Resources
Management" of the Unified Development Code of the City of Kennedale, Texas, as
amended, is hereby amended to read as follows:
B. Residential Developments. All areas within street rights-of-way, utility or
drainage easements as shown on a preliminary plat approved by the
Planning & Zoning Commission shall be exempt from the tree protection
and replacement requirements specified herein. The developer may
request the Administrator to allow trees within potential building pad areas
to be included in the exemption described herein. All other area shall be
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subject to these requirements. If trees are removed from exempt areas
based on an approved preliminary plat, and a revised preliminary plat or a
final plat is later approved such that the trees original exempt would no
longer be exempt if still in place, such trees shall be replaced in
accordance with Section 20.8.
SECTION 4.
Section 20.4.0 "Nonresidential Developments" of Article 20, "Natural Resources
Management" of the Unified Development Code of the City of Kennedale, Texas, as
amended, is hereby amended to read as follows:
C. Nonresidential Development. All areas within street rights-of-way and
utility or drainage easements as shown on a preliminary plat approved by
the Planning & Zoning Commission, plus fire lanes, parking areas to meet
minimum parking requirements, and building pad as shown on an
approved site plan, shall be exempt from the tree protection and
replacement requirements specified herein. Any parking areas in excess
of the minimum parking requirements shall not be exempt from the tree
protection and replacement requirements. In addition, trees exempted
from the protection and replacement requirements due to being located in
an exempt area shown on an approved preliminary plat shall be replaced
in accordance with Section 20.8 if they are removed and the areas shown
as exempt on the preliminary plat are no longer exempt as shown on a
revised preliminary plat or a final plat.
SECTION 5.
This Ordinance shall be cumulative of all provisions of ordinances and of the
Unified Development Code of the City of Kennedale, Texas (2016), 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 6.
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
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.
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SECTION 7.
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 8.
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 9.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, 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 10.
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 23RD DAY OF JANUARY, 2017.
MAYOR, BRIAN JOHNSON
ATTEST:
CITY SECRETARY, LESLIE GALLOWAY
EFFECTIVE:
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APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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