2019_10.22 CC Packet - Special
KENNEDALE CITY COUNCIL AGENDA
SPECIAL MEETING | OCTOBER 22, 2019 AT 7:00 PM
CITY HALL COUNCIL CHAMBERS
405 MUNICIPAL DRIVE, KENNEDALE, TX 76060
I. CALL TO ORDER
NOTE: Pursuant to Texas Government Code §551.071, the City Council reserves the right to adjourn into
Executive Session at any time during the Work Session or the Regular Session to discuss posted Executive
Session items or to seek legal advice from the City Attorney on any item posted on the agenda.
II. ROLL CALL
III. VISITOR AND CITIZEN FORUM
At this time, any person may address the City Council, provided that a ‘Speaker Request Form’ is submitted to the
City Secretary before the meeting begins. Speakers are allotted three (3) minutes, must limit their comments to the
subject indicated on the submitted form, and should address the Council as a whole, rather than individual
Councilmembers or staff. No formal action or discussion may be taken at this time. Those wishing to speak about an
agenda item should indicate as much on the “Speaker Request Form” and will be called upon to speak when the
Council considers that item.
IV. REGULAR ITEMS
A. Consider Ordinance 683, adopting a "fine-free" structure for the Kennedale Public Library and an
annual fee for those cardholders living outside the legal boundaries of the City of Kennedale
B. Receive a report and hold a discussion regarding types of past and future residential development
in relation to the Comprehensive Plan
C. CASE # PZ 19-07 — Continue a public hearing and consider Ordinance 680, regarding a request
by Trifecta Homes, LLC for a rezoning from “R3” Residential to “MF” Multi-Family for
approximately 4 acres located at 962 Corry A Edwards Drive, Emerald Crest Estates, Block 1, Lot
6, 968 Corry A Edwards Drive, Emerald Crest Estates, Block 1, Lot 5R, 1022 N. Bowman Springs
Road, Block 1, Lot 4R, 1028 N. Bowman Springs Road, Block 1, Lot 3R, 1034 N. Bowman
Springs Road, Block 1, Lot 2R, and 1040 N. Bowman Springs Road, Block 1, Lot 1R, City of
Kennedale, Tarrant County, Texas
D. CASE #PZ 19-08 — Continue a public hearing and consider Ordinance 681, regarding a request
by Trifecta Homes, LLC for a rezoning from “C1” Commercial to “MF” Multi-Family for
approximately 2.5 acres located at 801 Potomac Parkway, M. P. Lamar Survey, Abstract 987,
Tract 2, City of Kennedale, Tarrant County, Texas
E. CASE #PZ 19-09 — Continue a public hearing and consider Ordinance 682, regarding a request
by Devan Pharis for a rezoning from “R3” Residential to “MF” Multi-Family for approximately 11
acres located at 5306 Kennedale Sublett Road, Block 1, Lot 2, Vaquero Coker Addition, 5310
Kennedale Sublett Road, James R Hawkins Survey, Abstract 792, Tract 1L, 5308 Kennedale
Sublett Road, James R Hawkins Survey, Abstract 792, Tract 1G, 5308 Kennedale Sublett Road,
James R Hawkins Survey, Abstract 792, Tract 1G, 5306 Kennedale Sublett Road, James R
Hawkins Survey, Abstract 792, Tract 1K Homesite, 5306 Kennedale Sublett Road, James R
Hawkins Survey, Abstract 792, Tract 1J, 5306 Kennedale Sublett Road, James R Hawkins
Survey, Abstract 792, Tract 1M Homesite, 1996 Palm Arbor 28x66 LB #PFS411170& Palm
Harbor, 3176 Hawkins Joplin Road, James R Hawkins Survey, Abstract 792, Tract 1H, 3190
Hawkins Joplin Road, James R Hawkins Survey, Abstract 792, Tract 1F, 1989 High Chaparral 28
x 56, LB #Tex0340915 Tiffany, 3196 Hawkins Joplin Road, James R Hawkins Survey, Abstract
792, Tract 1E, City of Kennedale, Tarrant County, Texas
V. ADJOURNMENT
CERTIFICATION
I DO HEREBY CERTIFY THAT THE OCTOBER 22, 2019 KENNEDALE CITY COUNCIL AGENDA WAS POSTED INSIDE THE MAIN
ENTRANCE OF CITY HALL (405 MUNICIPAL DRIVE), IN A PLACE CONVENIENT AND READILY ACCESSIBLE TO THE GENERAL
PUBLIC AT ALL TIMES; AND THAT SAID AGENDA WAS POSTED AT LEAST SEVENTY-TWO (72) HOURS PRECEDING THE
SCHEDULED TIME OF SAID MEETING, IN ACCORDANCE WITH CHAPTER 551 OF THE TEXAS GOVERNMENT CODE.
_____________________________
LESLIE E. GALLOWAY, CITY SECRETARY
In compliance with the Americans with Disabilities Act (ADA), the City of Kennedale will provide for reasonable
accommodations for persons attending meetings. This facility is wheelchair accessible and accessible parking spaces
are available. Requests for sign interpreter services must be made forty-eight (48) hours prior to the meeting by
calling 817-985-2104 or (TTY) 1-800-735-2989.
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
DATE: October 22, 2019
AGENDA ITEM: REGULAR ITEMS ITEM A.
SUBJECT:
Consider Ordinance 683, adopting a "fine-free" structure for the Kennedale Public Library and an annual fee for those
cardholders living outside the legal boundaries of the City of Kennedale
ORIGINATED BY:
Amanda King, Library Director
SUMMARY:
A proposal regarding moving the Kennedale Public Library to a "fine free" structure, waiving all outstanding overdue
fines, and implementing a patron card fee for non-residents was originally presented to the City Council via an
Informal Staff Report on Friday, September 27.
Councilmember Chris Pugh requested further discussion, which occurred during the Work Session of the Tuesday,
October 15 Regular Meeting. Following that discussion, the City Council directed staff to draft an Ordinance
(attached) that incorporated the following staff recommendations:
Elimination of fines for late materials
Forgiveness of all outstanding overdue fines
Implementation of an annual $35.00 non-resident cardholder fee (with the exception of residents of the Cities
of Arlington and Mansfield, due to the existing consortium)
Continued collection of fines for lost materials
Continued blockage of additional patron card use when items are overdue
RECOMMENDATION: Approve
ATTACHMENTS:
1.O683 Fine Free Library and Non Resident Card Fees O683 Fine Free Library and Non Resident Card Fees.pdf
ORDINANCE NO. 683
AN ORDINANCE AMENDING THE KENNEDALE CITY CODE, AS AMENDED,
BY AMENDING EXHIBIT A “SCHEDULE OF FEES” OF SECTION 2-3, “FEES
FOR LICENSES, INSPECTIONS, PERMITS, ETC.” TO PROVIDE FOR
DIFFERENT LIBRARY RELATED FEES; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas, 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 offset costs associated with the administration,
investigation and implementation of ordinances and regulations applicable to
development and other activities, the city council has previously established a schedule
of fees; and
WHEREAS, the City Council now desires update its schedule of fees by
amending the library fees.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1.
The “Library” section of the Exhibit “A” “Schedule of Fees” in Section 2-3 “Fees
for licenses, inspections, permits, etc.” of the Kennedale City Code is hereby amended
to read as shown on the attached Exhibit A to this ordinance.
SECTION 2.
The fee for “Annual Library Card for Non-Residents” described in Exhibit A to this
ordinance will be deferred and not apply until January 1, 2020.
SECTION 3.
All outstanding overdue fines as of November 1, 2019 are waived.
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances of the City of
Kennedale, Texas, except where the provisions of this ordinance are in direct conflict
with the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
INCLUDING EXHIBIT A, PAGE 1 OF 10
O683 CITY OF KENNEDALE, TX 2019
SECTION 5.
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
invalid or unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such invalidity or 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 invalid or unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6.
This ordinance shall be in full force and effect on November 1, 2019 and it is so
ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OFF THE CITY OF
KENNEDALE, TEXAS, THIS THE 22ND DAY OF OCTOBER, 2019.
APPROVED:
______________________________
MAYOR BRIAN JOHNSON
ATTEST: [ C I T Y S E A L ]
______________________________
CITY SECRETARY LESLIE E. GALLOWAY
APPROVED AS TO FORM AND LEGALITY: EFFECTIVE DATE:
______________________________ ______________________________
INCLUDING EXHIBIT A, PAGE 2 OF 10
O683 CITY OF KENNEDALE, TX 2019
EXHIBIT A | ORDINANCE 683 | TUESDAY, OCTOBER 22, 2019SERVICECOSTNOTESMunicipal Court and Permitting3.0%When payment of any fee, fine, court cost, or other charge related to Kennedale Permitting is made by credit card via phone, online or in-person, a fee equaling three (3) percent per fee, fine, or other charge paid by credit card will be added to the fee, fine, or other charge paid.Utility Billing2.8%When payment of any utility billing charge related to Kennedale Utility Billing is made by credit card via phone, mail, online or in‐person to City of Kennedale or Fathom Global, a fee equaling 2.8 percent per fee, fine or other charge paid by credit card will be added to the charge paid. Other Departments Not ListedNo ChargeWhen payment of any fee or other charge related to any other miscellaneous activity not listed department is made by credit card online, by phone (817‐985‐2120), or in‐person, no fee will be required.Returned Check/Declined Credit Transaction Fee (All Departments)$30.00Lien Assessment FeeActual CostPlus $100.00 administrative feeMowing, Cleaning, and/or Boarding Property (By Contractor)Actual CostPlus $100.00 administrative feeGeneral Reservations (Residents and Non-Residents)$25.00Per two (2) hour blockKennedale Youth Association (KYA) Annual Lease AgreementDeposit (applies to all Community Center rentals) $150.00May be returned, dependent upon satisfactory inspection by staff$40.00Per hour, during library's normal hours; Minimum of $100 charge per rental$50.00Per hour, during library's closed hours; Minimum of $100 charge per rental$30.00Per hour, during library's normal hours; Minimum of $100 charge per rental$40.00Per hour, during library's closed hours; Minimum of $100 charge per rentalDeposit (applies to all pavilion rentals)$50.00May be returned, dependent upon satisfactory inspection by staffNon-Residents$120.00For 2 Hours, $180 For 4 Hours, $230 For 6 Hours, $280 For 8 HoursResidents$60.00For 2 Hours, $90 For 4 Hours, $115 For 6 Hours, $140 For 8 HoursDeposit (Members)$75.00May be returned, dependent upon satisfactory inspection by staffMembers$75.00Per dayDeposit (Non-Members)$150.00May be returned, dependent upon satisfactory inspection by staffNon-Members$125.00Per daySERVICECOSTNOTESupdateOverdue Book$0.25 No ChargePhotocopies From Copier (Only Black and White Available) $0.10Per pagePrintouts From Computer$0.25Per pageSenior Center Banquet Room (420 Corry A. Edwards Dr. )LIBRARY Community Center (316 W Third St.; in the Kennedale Public Library Building)Non-ResidentsResidentsPavilions (TownCenter Park at 405 Municipal Drive; Sonora Park at 263 S. New Hope Rd.)ADMINISTRATIVECHECK AND CREDIT CARD TRANSACTIONSCredit Card PaymentsCODE ENFORCEMENTFACILITY RENTALS/RESERVATIONSBallfields (Village Street off of Averett Rd.; Subfacility of Sonora Park)Page 1 of 8INCLUDING EXHIBIT A, PAGE 3 OF 10 O683 CITY OF KENNEDALE, TX 2019
EXHIBIT A | ORDINANCE 683 | TUESDAY, OCTOBER 22, 2019Materials Lost or Damaged Beyond Repair$5.00Processing fee + listed retail priceRepair of Inventory MaterialActual CostReplace Lost or Damaged Audiobook Binder$5.00Replace Lost or Damaged CD Case$1.00Replace Lost or Damaged DVD Case$2.00Interlibrary LoanNo ChargenewInitial (New Account) Library Card for ResidentsNo ChargeFor residents of the Cities of Kennedale, Arlington, and MansfieldnewAnnual Library Card for Non-Residents $35.00Per yearupdateLibrary Card Replacement (Residents and Non-Residents)$2.00Per cardRepair of CD/DVD$1.00Transmittal Fax Only (Local)$1.00First page, $0.25 each additional pageTransmittal Fax Only (Long Distance)$2.00First page, $0.50 each additional pageFingerprinting of Residents for Background Checks$7.50Per CardVehicle Accident Report$6.00Per copyOffense or Arrest Report$1.50Per report, plus $0.10 per page for additional copiesSERVICECOSTNOTESNOTE: Minimum Fee For Any Single Permit or Inspection, Listed or Unlisted, Regardless of Department $ 55.00 Excluding signsBuilding Permit for Residential Construction(single family, two family and townhome) $ 0.85 Per square foot $1.00 to $500.00$23.50$501.00 to $2,000.00$23.50For the first $500.00, plus $3.05 for each additional $100.00, or fraction thereof, up to and including $2,000.00$2,001.00 to $25,000.00$69.25For the first $2,000.00, plus $14.00 for each additional $1,000.00, or fraction thereof, up to and including $25,000.00$25,001.00 to 50,000.00$391.25For the first $25,000.00, plus $10.10 for each additional $1,000.00, or fraction thereof, up to and including $50,000.00$50,001.00 to $100,000.00$643.75For the first $50,000.00, plus $7.00 for each additional $1,000.00, or fraction thereof, up to and including $100,000.00$100,001.00 to $500,000.00$993.75For the first $100,000.00, plus $5.60 for each additional $1,000.00, or fraction thereof, up to and including $500,000.00$500,001.00 to $1,000,000.00$3,233.75For the first $500,000.00, plus $4.75 for each additional $1,000.00, or fraction thereof, up to and including $1,000,000.00$1,000,001.00+$5,608.75For the first $1,000,000.00, plus $3.65 for each additional $1,000.00, or fraction thereofSERVICECOSTNOTESAccessory Building (Min. 175 ft2)VariesConsult Construction Table (above)Alterations and Repairs To Existing StructuresVariesConsult Construction Table (above)Building Code Appeal$100.00BUILDING CODE PERMITS, INSPECTIONS AND PLAN REVIEWSPOLICE DEPARTMENTPERMITS AND INSPECTIONSBuilding Permit for Non-Residential Construction Based on Total Valuation of Project (Used for Building Code Pricing Below)Page 2 of 8INCLUDING EXHIBIT A, PAGE 4 OF 10 O683 CITY OF KENNEDALE, TX 2019
EXHIBIT A | ORDINANCE 683 | TUESDAY, OCTOBER 22, 2019Canopy - Larger than 400 ft2$55.00Carnival or Temporary Amusement $55.00CarportVariesConsult Construction Table (above)Contractor Registration, Initial (Article XIII, Chapter 4 Of City Code)$100.00Contractor Registration, Annual Renewal$50.00If not renewed within 30 days of expiration, renewal fee is $100.00.Detached GarageVariesConsult Construction Table (above)Demolition$55.00Drive Approach$55.00Fence, Retaining Wall, Screen WallVariesConsult Construction Table (above)FireplaceVariesConsult Construction Table (above)Moving Building into the City$100.00Patio CoverVariesConsult Construction Table (above)Portable Building (Min. 175 ft2)VariesConsult Construction Table (above)SignsVariesConsult Construction Table (above)Swimming Pool and/or Hot Tub (Above Ground)VariesConsult Construction Table (above)Swimming Pool and/or Hot Tub (In-Ground)VariesConsult Construction Table (above)Tent (Commercial) - Larger Than 200 ft2$55.00Tree Mitigation Fee $200.00Per caliper inchUnderground Storage Tanks (Includes Gas Lines To Tank) VariesConsult Construction Table (above)Reinspection Fee$55.00Plan ReviewNew, Addition, Remodel for Commercial, Industrial, and Multi-Family20%Of building permit feeNew, Addition, Remodel for Single or Two Family$55.00All Other Permits Requiring Plan Review$25.00Re-Review Fee$25.00SERVICECOSTNOTESApartments, Condominiums, Triplex, Etc.$0.05Per ft2; Minimum calculation of $55.00Commercial/Industrial New Construction$0.06Per ft2; Minimum calculation of $55.00Single Family, Duplex, Townhouse, Etc.$0.06Per ft2; Minimum calculation of $55.00Contractor Registration, Initial (Article XIII, Chapter 4 Of City Code)$100.00Contractor Registration, Annual Renewal$50.00If not renewed within 30 days of expiration, renewal fee is $100.00Electric Generators Used By Carnival, Circuses, Traveling Shows, Exhibits $55.00Electrical Code Appeal $100.00Fixed Residential Appliances, Receptacle Outlets, Etc. $55.00As Defined by City CodeMinimum For Any Single Permit $55.00Except Temporary Construction Pole ReconnectsSwimming Pool, In-Ground, Residential$110.00Receptacles, Switch, Lighting or Other Outlet Holding Devices$55.00Reinspection Fee$55.00ELECTRICAL CODE PERMITS AND INSPECTIONSServices of 600 Volts or LessPage 3 of 8INCLUDING EXHIBIT A, PAGE 5 OF 10 O683 CITY OF KENNEDALE, TX 2019
EXHIBIT A | ORDINANCE 683 | TUESDAY, OCTOBER 22, 2019Less than 200 Amps$55.00600+ Volts or 1,000+ Amps$55.00Each Power Apparatus (As Defined By City Code)$2.00Up To And Including 1, Each $55.00Over 1, Up To And Including 10, Each $55.00Over 10, Up To And Including 50, Each $55.00Over 50, Up To And Including 100, Each $55.00Over 100, Each $55.00One Branch Circuit, Each $55.00Additional Branch Outlets $55.00Temporary Power To Any Structure (Maximum Of Ninety (90) Days)$55.00SERVICECOSTNOTESContractor Registration, Initial (Article XIII, Chapter 4 Of City Code)$100.00Contractor Registration, Annual Renewal$50.00If not renewed within 30 days of expiration, renewal fee is $100.00.HVAC (Heating/Cooling Systems)$110.00$55 Per air handling unit (e.g. inside unit + outside unit = $110.00)Replacement of Furnaces, Condensing Unit or Cooling/Heating System $55.00Vent-A-Hood (Commercial)$55.00Re-Inspection Fee$55.00Mechanical Code Appeal$100.00SERVICECOSTNOTESApartments, Condominiums, Triplex, Etc.$0.05Per ft2; Minimum fee of $55.00Commercial/Industrial New Construction$0.06Per ft2; Minimum fee of $55.00Single Family, Duplex, Townhouse, Etc.$0.06Per ft2; Minimum fee of $55.00Contractor Registration, Initial (Article XIII, Chapter 4 Of City Code)-Not required for plumbers.Building Water Line$55.00EachBuilding Sewer Line$55.00EachFireplace Piping and Valve$55.00Gas Fired Applicable W/Special Vent Pipe$55.00Gas Piping System (1-4 Outlets)$55.00EachGas Piping System (5+ Outlets)$55.00EachIndustrial Waste Pre-Treatment Interceptor$55.00Installation/Repair of Water Piping and/or Water Treatment Equipment $55.00Lawn Sprinkler System On Any One Meter, Including Backflow Protection $55.00EachPrivate Sewage Disposal System$55.00Repair of Existing Piping$55.00Rating in Horsepower, Etc.Signs, Outline Lighting, or MarqueesMECHANICAL CODE PERMITS AND INSPECTIONSPLUMBING CODE PERMITS AND INSPECTIONSUnit Fee SchedulePage 4 of 8INCLUDING EXHIBIT A, PAGE 6 OF 10 O683 CITY OF KENNEDALE, TX 2019
EXHIBIT A | ORDINANCE 683 | TUESDAY, OCTOBER 22, 2019Repair or Alteration of Drainage or Vent Piping$55.00Gas Line Pressure Check$55.00 Plumbing Fixture, Trap or Set Fixture, Etc.$55.00EachYard Line Pressure Check$55.00Plumbing Code Appeal$100.00Reinspection Fee$55.00SERVICECOSTNOTESBusiness License$25.00Home Business License$25.00Certificate of Occupancy (CO)$55.00Contractor Registration, Initial (Article XIII, Chapter 4 Of City Code)$100.00Contractor Registration, Annual Renewal$50.00If not renewed within 30 days of expiration, renewal fee is $100.00Garage Sale Permit$10.00No more than three (3) garage sales per address per yearGathering Station Inspection$1,000.00Itinerant Vendor License$100.00Contact the Police Department Records Dept. at 817-985-2160, ext. 2219Sub-Division Construction Inspection Fee4%Of construction costTree Removal Permit$150.00Per acre; $150 minimum chargeSERVICECOSTNOTESPermit$100.00per each permit and renewal permitInspection and Reinspection$75.00Per each inspection or reinspectionSERVICECOSTNOTESAnnual Air Sampling And Reporting Fee Per Low-To-Moderate Impact Pad Sites (As Determined By City Official(s))$12,000.00Annual Air Sampling And Reporting Fee Per High Impact Pad Site (As Determined By City Official(s))$45,000.00May be paid in quarterly installmentsAnnual Air Sampling And Reporting Fee As Needed$12,000.00Per instance of additional monitoringAnnual Inspection Per Well$2,000.00$300 per additional well on same pad siteWell Requested On Application for Pad Site$5,000.00Per wellSERVICECOSTNOTESAnnexation, Request for$200.00Commercial Site Plan Review$500.00Engineering review fee; In additional to applicable permitting feesConditional Use Permit$500.00Easement or Right-Of-Way Abandonment, Request for$300.00Zoning Verification Letter$30.00Zoning Change or Amendment for Less Than 10 Acres, Request for$500.00Zoning Change or Amendment for 10+ Acres, Request for$1,500.00SHORT TERM RENTALOIL AND GAS WELLSPLANNING AND DEVELOPMENTZoningREGISTRATION AND MISCELLANEOUS PERMITSPage 5 of 8INCLUDING EXHIBIT A, PAGE 7 OF 10 O683 CITY OF KENNEDALE, TX 2019
EXHIBIT A | ORDINANCE 683 | TUESDAY, OCTOBER 22, 2019Rezone Less Than 10 Acres to Planned Development District (PD)$750.00Rezone 10+ Acres to Planned Development District (PD)$1,500.00Minor Plat, Vacated Plat, Amended Plat$300.00Plus $10.00 per lotMinor Plat Engineering Review Fee$200.00Preliminary Plat$300.00Plus $10.00 per lotPreliminary Plat Engineering Review Fee$1,000.00Replat (0-10 Acres) $500.00Replat (10+ Acres) $1,500.00Final Plat$300.00Plus $10.00 per lotFinal Plat, Replat Engineering Review Fee$2,500.00Placed in escrow; unused funds can be requested for returnRenotification$125.00Cost to republish legally required notifications after a request for date changeSpecial Exception, Request for$250.00Variance, Request for$250.00Printouts/Copies From Plotter$1.00Per Square Foot (ft2)SERVICECOSTNOTESResidential Water (Owner Occupied)$60.00Residential Sewer (Owner Occupied)$30.00Residential Water (Tenant Occupied)$90.00Residential Sewer (Tenant Occupied)$60.00Commercial/Industrial w/High ConsumptionVaries1/6 of annual consumptionCommercial Water$90.00Commercial Sewer$60.00Water for Cleanup (15 Day Temp Service)$30.00Per dayUse of Bulk Water Meter (Fire Hydrant)$600.00Plus $50 service feeUse of Bulk Water Meter (Gas Drilling)$1,000.00Plus $50 service feeUse of Bulk Unmetered WaterVaries(rate) X (estimated gallons)Disconnect Service At The MainActual CostLiquid Waste Permit$50.00Liquid Waste Trip Ticket Book$20.00Move City UtilitiesActual CostPrivate Water Well Permit And Inspection$75.00Water Administrative Fee $20.00Assessed when account appears on cut-off list; In addition to any late feeWater Transfer Fee$15.00Wrecker License/Permit$20.00Utility EquipmentActual CostMeter, meter base, MTU, register, bullhead, and any other associated equipment installed for water/sewer meteringIf an account is finaled out for nonpayment, re-establishment of service requires a deposit of 2X the normal fee. Accounts are associated with the name of the responsible party (or parties); not the address.The Building Inspection and Public Works departments regulate the installation, maintenance, and the transportation of liquid wastes. Questions? Call 817-985-2170.PlatsOther UTILITY BILLING | PUBLIC WORKS | WATER AND WASTEWATERView monthly utility rate information at www.cityofkennedale.com/waterratesDepositsPage 6 of 8INCLUDING EXHIBIT A, PAGE 8 OF 10 O683 CITY OF KENNEDALE, TX 2019
EXHIBIT A | ORDINANCE 683 | TUESDAY, OCTOBER 22, 2019Fire Hydrant Fee (Construction Meter)$79.50Monthly base chargeMeter Calibration Fee (When Executed By City Staff)$45.00Meter Calibration Fee (When Executed By Independent Contractor)$125.00Meter Set Reinspection Fee$100.00 Meter Tampering, Tampering With Lock, Or Cutting Lock On Meter $200.00Per offense, plus actual cost of repair or replacement¾” (.75")$475.00Plus $300 meter set fee; plus cost of meter1”$525.00Plus $350 meter set fee; plus cost of meter1½” (1.5")$950.00Plus $550 meter set fee; plus cost of meter2”$1,075.00Plus $700 meter set fee; plus cost of meter3” or LargerActual CostPlus actual cost of meter set fee; plus cost of meter¾” (.75")$925.00Plus $300 meter set fee; plus cost of meter1”$975.00Plus $350 meter set fee; plus cost of meter1½” (1.5")$1,400.00Plus $550 meter set fee; plus cost of meter2”$1,525.00Plus $700 meter set fee; plus cost of meter3” or LargerVariesPlus actual cost of meter set fee; plus cost of meter4”$425.006”$600.008” or Larger Actual Cost4”$875.006”$1,050.008” or Larger Actual CostSERVICECOSTNOTESAmbulance FeesActual CostEstablished according to reasonable and customary reimbursement allowances of applicable insurance carriers; reviewed and approved quarterly by the City ManagerBuilding/Fire Plan Review$55.00EMS Report$15.00False Alarm (3rd+)$55.00Beginning with the 3rd, the fee doubles for each subsequent false alarmFire Code Appeal$100.00Annual, Bi-Annual of Certificate of Occupancy (CO)No ChargeRe-InspectionNo Charge2nd Re-Inspection$55.003rd+ Re-InspectionVariesBeginning with the 3rd, the fee doubles for each subsequent re-inspectionFire Suppression Systems$55.00Water and Wastewater FeesCharges not incurred if meter is found to be inaccurate.Water Tap Fee (No Street Cut)Water Tap Fee (With Street Cut or Bore)Sewer Tap Fee (No Street Cut)Sewer Tap Fee (With Street Cut or Bore)FIRE DEPARTMENTFire InspectionsPage 7 of 8INCLUDING EXHIBIT A, PAGE 9 OF 10 O683 CITY OF KENNEDALE, TX 2019
EXHIBIT A | ORDINANCE 683 | TUESDAY, OCTOBER 22, 2019Fire Report$15.00Site Plan Review$55.00Brush Truck$75.00HourlyEngine$150.00HourlyFire Marshall$40.00HourlyHazMat Squad$300.00HourlyParamedic$30.00HourlyNOTE: Minimum fee for any single permit or inspection, listed or unlisted, regardless of department$55.00Excluding signsSERVICECOSTNOTESSingle Sided, Black & White, 8.5x11" Paper$0.10Per paper copy11x17" or Other Oversized Paper, Not Including Maps & Photographs$0.50Per paper copyPlat Page$3.00Per plat pageCompact Disc (CD)$1.00Per CDDigital Video Disc (DVD)$3.00Per DVDPersonnel Time for Locating, Compiling and Reproducing Records$15.00Mailing Expenses, Speciality Papers (including but not limited to mylar, blueprints, maps, and photos), Off‐Site Storage RetrievalActual CostOff‐site storage costs (currently $16.00 truck charge + $2.00/box) per retrieval and returnCHARGES ASSOCIATED WITH A PUBLIC INFORMATION REQUEST VARY DEPENDING ON THE AMOUNT OF RESPONSIVE DOCUMENTS AND PERSONNEL TIME REQUIRED.GENERAL CHARGES ARE OUTLINED BELOW.Charges not outlined here will be calculated according to the regulations and recommendations of the Texas State Library and Archives Commission, the Texas Attorney General, and the Texas Administrative CodeStandbyREQUEST FOR PUBLIC INFORMATION/OPEN RECORDS REQUESTS/REQUESTS UNDER THE PUBLIC INFORMATION ACT (PIA)The City Secretary's Office encourages communication and transparency between the City of Kennedale and its residents by serving as the primarv office responding to Public Information Reguests. In an effort to save requestors time and money, freguently requested documents are available online, including: • Laserfiche: Ordinances, Resolutions, Agendas, Packets. Minutes, and Press Releases • MuniCode: Code of Ordinances and Copies of Individual Ordinances • Monthly Reports: Building Permits, Fires, and Substandard BuildingsIf what you need is not available online, you can make a Qublic information reguest. Reguests are processed in the order they are received, and should be for existing documents or information. Staff may not ask why you want the information, but may ask for clarification if needed. please be aware that some records are exempt from disclosure or reguire redaction.Requests may incur a fee, and the City of Kennedale may require prepayment. Charges vary depending on the number of responsive documents and personnel time required. Vaguely-worded or broad requests return more results. The more specific your request, the quicker it can be fulfilled. Generally, the city will charge $0.10 per page and $15.00 an hour for labor. Requests for standard-sized documents that will be delivered via email usually do not incurcharges, unless the request: • is for more than fifty (50) pages, • requires more than thirty (30) minutes of personnel time to locate, compile, manipulate data, and reproduce the information, or • includes documents that are stored off-site.If the estimated charges exceed $40.00, the requestor must approve an itemized estimate before work begins. When estimated costs exceed $100.00, the requestor is required to make a deposit (typically 100% of the estimate) before work begins. If a requestor (or their organization) has a balance exceeding $100.00 for past requests, the City of Kennedale will not process additional requests until the account is paid in full. You must approve any estimate of charges within ten (10) business days of the date the estimate is sent or the request will be considered withdrawn.Page 8 of 8INCLUDING EXHIBIT A, PAGE 10 OF 10 O683 CITY OF KENNEDALE, TX 2019
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
DATE: October 22, 2019
AGENDA ITEM: REGULAR ITEMS ITEM B.
SUBJECT:
Receive a report and hold a discussion regarding types of past and future residential development in relation to the
Comprehensive Plan
ORIGINATED BY:
Melissa Dailey, Director of Planning & Economic Development
SUMMARY: Staff will provide background information regarding the types of residential development that have
occurred in Kennedale over the past 10-15 years, residential trends and demographics, and Comprehensive Plan
data and goals related to residential development.
RECOMMENDATION:
ATTACHMENTS:
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
DATE: October 22, 2019
AGENDA ITEM: REGULAR ITEMS ITEM C.
SUBJECT:
CASE # PZ 19-07 — Continue a public hearing and consider Ordinance 680, regarding a request by Trifecta Homes,
LLC for a rezoning from “R3” Residential to “MF” Multi-Family for approximately 4 acres located at 962 Corry A
Edwards Drive, Emerald Crest Estates, Block 1, Lot 6, 968 Corry A Edwards Drive, Emerald Crest Estates, Block 1,
Lot 5R, 1022 N. Bowman Springs Road, Block 1, Lot 4R, 1028 N. Bowman Springs Road, Block 1, Lot 3R, 1034 N.
Bowman Springs Road, Block 1, Lot 2R, and 1040 N. Bowman Springs Road, Block 1, Lot 1R, City of Kennedale,
Tarrant County, Texas
ORIGINATED BY:
Melissa Dailey, Director of Planning & Economic Development
SUMMARY:
This item originally appeared on the Tuesday, October 15, 2019 Regular Meeting agenda, at which time the Council
began the Public Hearing. At that time, it was the consensus of the Council to continue the Public Hearing and further
consideration of this item to this Special Meeting so that all members of the Council could be present to consider the
adoption of the related Ordinance.
BACKGROUND AND OVERVIEW
Request Rezone from R3 Single Family (Residential) to MF (Multi-Family Residential)
Applicant Trifecta Homes, LLC
Location Multiple lots at Bowman Springs Road and Corry A Edwards Drive
Surrounding Uses Schools, Single-Family Residential, Commercial, Industrial
Surrounding Zoning PD-UV, UV, R1, R3, C2, I
Future Land Use Plan Designation Residential
Staff Recommendation Approve
CURRENT STATUS OF PROPERTY
The property is currently vacant land.
SURROUNDING PROPERTIES & NEIGHBORHOOD
The property fronts Bowman Springs Road and is located at the Corry A Edwards intersection. Bowman Springs is
identified in the Future Transportation Plan as a Boulevard and a priority bicycle/pedestrian project. The corridor is
characterized by a variety of uses, including Kennedale Junior High School, Fellowship Academy, single family homes
and subdivisions, a golf driving range, commercial buildings, industrial buildings, undeveloped land, and the
Southwest Nature Preserve.
STAFF REVIEW
Future Land Use Plan
The Future Land Use Plan indicates this property as residential.
Related Goals From the Comprehensive Land Use Plan
The comprehensive plan goal related to this rezoning request falls under:
PRINCIPLE 1: CONNECTED CITY. SUPPORTING A WALKABLE BUILT ENVIRONMENT.
As land development creates the demand to travel, ensure that it reduces the need to drive by providing
ample direct connections for pedestrians, bicycles, and transit.
PRINCIPLE 2: ECONOMIC PROSPERITY. PROMOTE ACCESS TO HOUSING.
Providing housing options for people of varying financial means and residential preferences. Provide the
regulatory framework and developer support to provide quality housing for residents. Create job opportunities
in Kennedale that help stabilize the local tax base and allow residents to work close to home.
PRINCIPLE 3: THRIVING COMMUNITY. CREATE VIBRANT CENTERS.
Promote social integration and economic activity through the development of different scale centers
throughout the community.
City Council Ends Statements and Goals
Business uses are compatible with residential areas.
Sidewalks and landscaping are integral to the community.
Financially responsible and sustainable.
Well planned community based on principles of a connected city, economic prosperity, and a thriving
community.
Connected city with a multi-modal transportation system designed and maintained to reduce auto congestion,
increase accessibility and accommodate pedestrians and cyclists safely and comfortably.
SUMMARY
This property has been vacant for many years. The growth in the area along with the surrounding development in the
immediate vicinity has made this property viable for development, particularly for multi-family planned for the site.
Surrounding uses are highly mixed with institutional, commercial and residential development.
The developer plans to build townhomes in a walkable, sustainable development on this 4-acre site, providing for an
optimal transitional use for adjacent residential and commercial development. The development will be required to
meet the new building and street form recently adopted for Multi-Family zoning that requires a quality, walkable
development in an urban form. The location on an arterial street that connects to Kennedale Parkway and to Arlington
and Interstate-20 is ideal for a higher density residential development.
Townhomes are in high demand by those wanting a different type of housing with less maintenance, and this
development will provide quality housing for that market, while adding to the diversity of housing options in
Kennedale.
The Planning & Zoning (P&Z) Commission recommended approval of this request with a 4-2 vote at their meeting on
October 10, 2019.
STAFF RECOMMENDATION
Based on the above analysis, staff recommends approval of the rezoning.
ACTION BY THE CITY COUNCIL
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 the request for rezoning.
Deny: Based on the information presented, I find that the proposed use does not meet (list standards or
requirements not met) and make a motion to deny the request.
RECOMMENDATION:
ATTACHMENTS:
1.19-07 PZ19-07 1022 Bowman Springs Maps.pdf
2.O680 PZ 19-07 962 Corry A Edwards Ordinance
FINAL
O680 PZ 19-07 962 Corry A Edwards Ordinance
FINAL.pdf
PZ 19-07
Location Map
PZ 19-07
Zoning Map
PZ 19-07
Future Land Use Map Property location
PAGE 1 OF 4
O680 CITY OF KENNEDALE, TX 2019
ORDINANCE NO. 680
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF
THE CITY OF KENNEDALE, TEXAS, BY CHANGING THE ZONING
CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE CITY OF
KENNEDALE, BEING APPROXIMATELY 4 ACRES DESCRIBED AS
962 CORRY A EDWARDS DRIVE, EMERALD CREST ESTATES,
BLOCK 1, LOT 6, 968 CORRY A EDWARDS DRIVE, EMERALD CREST
ESTATES, BLOCK 1, LOT 5R, 1022 N. BOWMAN SPRINGS ROAD,
BLOCK 1, LOT 4R, 1028 N. BOWMAN SPRINGS ROAD, BLOCK 1,
LOT 3R, 1034 N. BOWMAN SPRINGS ROAD, BLOCK 1, LOT 2R, AND
1040 N. BOWMAN SPRINGS ROAD, BLOCK 1, LOT 1R FROM “R-3”
SINGLE FAMILY RESIDENTIAL DISTRICT TO “MF” MULTIFAMILY
RESIDENTIAL DISTRICT; PROVIDING FOR THE AMENDMENT OF
THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGE;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY 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 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; 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, a change in the zoning classification of the property listed below was
requested by a person or entity having a proprietary interest in said property; and
WHEREAS, a public hearing was duly held by the Planning and Zoning
Commission of the City of Kennedale, Texas, on October 10, 2019, and by the City
Council of the City of Kennedale, Texas, on October 15, 2019 (continued to October 22,
2019), with respect to the zoning change 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 of the City of Kennedale, Texas, does hereby deem
it advisable and in the public interest to amend the Unified Development Code, as
amended, as described herein.
PAGE 2 OF 4
O680 CITY OF KENNEDALE, TX 2019
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
The Unified Development Code, as amended, is hereby amended so that the
permitted uses in the hereinafter described area shall be altered, changed and
amended as shown and described below:
Approximately 4 acres, located at 962 Corry A Edwards Drive, and being
described as Emerald Crest Estates, Block 1, Lot 6, 968 Corry A Edwards
Drive, Emerald Crest Estates, Block 1, Lot 5R, 1022 N. Bowman Springs
Road, Block 1, Lot 4R, 1028 N. Bowman Springs Road, Block 1, Lot 3R,
1034 N. Bowman Springs Road, Block 1, Lot 2R, and 1040 N. Bowman
Springs Road, Block 1, Lot 1R on the illustration attached hereto as
Exhibit “A” and incorporated herein for all purposes of this ordinance, is
hereby rezoned from “R-3” Single Family Residential District to “MF”
Multifamily Residential District.
SECTION 2.
The zoning districts and boundaries 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
allowed 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 property hereinabove described shall be subject to all the
applicable regulations contained in the Unified Development Code, as amended, and all
other applicable and pertinent ordinances of the City of Kennedale, Texas.
PAGE 3 OF 4
O680 CITY OF KENNEDALE, TX 2019
SECTION 5.
This Ordinance shall be cumulative of the Unified Development Code, as
amended, and all other Ordinances of the City of Kennedale, Texas, affecting zoning
and land use, and shall not repeal any of the provisions of such ordinances except in
those instances where provisions of such ordinances are in direct conflict with the
provisions of this ordinance.
SECTION 6.
All rights or remedies of the City of Kennedale, Texas, are expressly saved as to
any and all violations of the Unified Development Code, as amended, 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 7.
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
invalid or unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same
would have been enacted by the City Council without the incorporation in this Ordinance
of any such invalid or unconstitutional phrase, clause, sentence, paragraph, or section.
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.
The City Secretary of the City of Kennedale is hereby directed to publish the
caption, Section 1, penalty clause, publication clause and effective date clause of this
Ordinance in every issue of the official newspaper of the City of Kennedale for two days
or one issue of the newspaper if the official newspaper is a weekly newspaper as
authorized by Section 3.10 of the City of Kennedale Charter.
SECTION 10.
This Ordinance shall be in full force and effect from and after its passage and
publication as required by law and it is so ordained.
PAGE 4 OF 4
O680 CITY OF KENNEDALE, TX 2019
PASSED AND APPROVED BY THE CITY COUNCIL OFF THE CITY OF
KENNEDALE, TEXAS, THIS THE 22ND DAY OF OCTOBER, 2019.
APPROVED:
______________________________
MAYOR BRIAN JOHNSON
ATTEST: [ C I T Y S E A L ]
______________________________
CITY SECRETARY LESLIE E. GALLOWAY
APPROVED AS TO FORM AND LEGALITY: EFFECTIVE DATE:
______________________________ ______________________________
CITY ATTORNEY DREW LARKIN
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
DATE: October 22, 2019
AGENDA ITEM: REGULAR ITEMS ITEM D.
SUBJECT:
CASE #PZ 19-08 — Continue a public hearing and consider Ordinance 681, regarding a request by Trifecta Homes,
LLC for a rezoning from “C1” Commercial to “MF” Multi-Family for approximately 2.5 acres located at 801 Potomac
Parkway, M. P. Lamar Survey, Abstract 987, Tract 2, City of Kennedale, Tarrant County, Texas
ORIGINATED BY:
Melissa Dailey, Director of Planning & Economic Development
SUMMARY:
This item originally appeared on the Tuesday, October 15, 2019 Regular Meeting agenda, at which time the Council
began the Public Hearing. At that time, it was the consensus of the Council to continue the Public Hearing and further
consideration of this item to this Special Meeting so that all members of the Council could be present to consider the
adoption of the related Ordinance.
BACKGROUND AND OVERVIEW
Request Rezone from C1 (Commercial) to MF (Multi-Family Residential)
Applicant Trifecta Homes, LLC
Location 801 Potomac Parkway
Surrounding Uses Commercial, Single-Family Residential, Institutional (church)
Surrounding Zoning C1, R2, R1, UV, single family (Arlington)
Future Land Use Plan Designation Residential
Staff Recommendation Approve
CURRENT STATUS OF PROPERTY
The property is currently vacant land.
SURROUNDING PROPERTIES & NEIGHBORHOOD
The property is located at Potomac and N. Little School Road. North Little School Road is identified in the Future
Transportation Plan as a Boulevard and a priority bicycle/pedestrian project. The corridor is characterized by a variety
of uses, including a self-storage facility, various neighborhood commercial uses, a church, single family residential,
and vacant land. A 12-acre property zoned Urban Village is located 300 feet north and is planned for townhomes and
neighborhood commercial.
STAFF REVIEW
Future Land Use Plan
The Future Land Use Plan indicates this property as residential.
Related Goals From the Comprehensive Land Use Plan
The comprehensive plan goal related to this rezoning request falls under:
PRINCIPLE 1: CONNECTED CITY. SUPPORTING A WALKABLE BUILT ENVIRONMENT.
As land development creates the demand to travel, ensure that it reduces the need to drive by providing
ample direct connections for pedestrians, bicycles, and transit.
PRINCIPLE 2: ECONOMIC PROSPERITY. PROMOTE ACCESS TO HOUSING.
Providing housing options for people of varying financial means and residential preferences. Provide the
regulatory framework and developer support to provide quality housing for residents. Create job opportunities
in Kennedale that help stabilize the local tax base and allow residents to work close to home.
PRINCIPLE 3: THRIVING COMMUNITY. CREATE VIBRANT CENTERS.
Promote social integration and economic activity through the development of different scale centers
throughout the community.
City Council Ends Statements and Goals
Business uses are compatible with residential areas.
Sidewalks and landscaping are integral to the community.
Financially responsible and sustainable.
Well planned community based on principles of a connected city, economic prosperity, and a thriving
community.
Connected city with a multi-modal transportation system designed and maintained to reduce auto congestion,
increase accessibility and accommodate pedestrians and cyclists safely and comfortably.
SUMMARY
This property has been vacant for many years. The growth in the area along with the surrounding development in the
immediate vicinity has made this property viable for development, particularly for multi-family planned for the site.
Surrounding uses are mixed with institutional, commercial and residential development.
The developer plans to build townhomes in a walkable, sustainable development on this 2.5-acre site, providing for an
optimal transitional use for adjacent residential and commercial development. The development will be required to
meet the new building and street form recently adopted for Multi-Family (MF) zoning that requires a quality, walkable
development in an urban form.
The location on an arterial street that connects Kennedale and Arlington is ideal for a higher density residential
development. Townhomes are in high demand by those wanting a different type of housing with less maintenance,
and this development will provide quality housing for that market, while adding to the diversity of housing options in
Kennedale.
The Planning & Zoning (P&Z) Commission recommended approval of this request with a 4-2 vote at their meeting on
October 10, 2019.
STAFF RECOMMENDATION
Based on the above analysis, staff recommends approval of the rezoning.
ACTION BY THE CITY COUNCIL
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 the request for rezoning.
Deny: Based on the information presented, I find that the proposed use does not meet (list standards or
requirements not met) and make a motion to deny the request.
RECOMMENDATION:
ATTACHMENTS:
1.19-08 PZ19-08 801 Potomac Maps.pdf
2.O681_PZ19-08 801 Potomac Parkway Ordinance
FINAL
O681_PZ19-08 801 Potomac Parkway Ordinance
FINAL.pdf
PZ 19-08 801 Potomac Parkway
Location Map
PZ 19-08 801 Potomac Parkway
Zoning Map Property location
PZ 19-08 801 Potomac Parkway
Future Land Use Map Property location
PAGE 1 OF 4
O681 CITY OF KENNEDALE, TX 2019
ORDINANCE NO. 681
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF
THE CITY OF KENNEDALE, TEXAS, BY CHANGING THE ZONING
CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE CITY OF
KENNEDALE, BEING APPROXIMATELY 2.5 ACRES LOCATED AT 801
POTOMAC PARKWAY, M. P. LAMAR SURVEY, ABSTRACT 987,
TRACT 2, CITY OF KENNEDALE, TARRANT COUNTY, TEXAS FROM
“C-1” RESTRICTED COMMERCIAL DISTRICT TO “MF” MULTIFAMILY
RESIDENTIAL DISTRICT; PROVIDING FOR THE AMENDMENT OF
THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGE;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY 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 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; 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, a change in the zoning classification of the property listed below was
requested by a person or entity having a proprietary interest in said property; and
WHEREAS, a public hearing was duly held by the Planning and Zoning
Commission of the City of Kennedale, Texas, on October 10, 2019, and by the City
Council of the City of Kennedale, Texas, on October 15, 2019 (continued to October 22,
2019), with respect to the zoning change 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 of the City of Kennedale, Texas, does hereby deem
it advisable and in the public interest to amend the Unified Development Code, as
amended, as described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
PAGE 2 OF 4
O681 CITY OF KENNEDALE, TX 2019
SECTION 1.
The Unified Development Code, as amended, is hereby amended so that the
permitted uses in the hereinafter described area shall be altered, changed and
amended as shown and described below:
Approximately 2.5 acres located at 801 Potomac Parkway, M. P. Lamar
Survey, Abstract 987, Tract 2, City of Kennedale, Tarrant County, Texas
on the illustration attached hereto as Exhibit “A” and incorporated herein
for all purposes of this ordinance, is hereby rezoned from “C-1” Restricted
Commercial District to “MF” Multifamily Residential District.
SECTION 2.
The zoning districts and boundaries 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
allowed 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 property hereinabove described shall be subject to all the
applicable regulations contained in the Unified Development Code, as amended, and all
other applicable and pertinent ordinances of the City of Kennedale, Texas.
SECTION 5.
This Ordinance shall be cumulative of the Unified Development Code, as
amended, and all other Ordinances of the City of Kennedale, Texas, 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.
PAGE 3 OF 4
O681 CITY OF KENNEDALE, TX 2019
SECTION 6.
All rights or remedies of the City of Kennedale, Texas, are expressly saved as to
any and all violations of the Unified Development Code, as amended, 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 7.
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
invalid or unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same
would have been enacted by the City Council without the incorporation in this Ordinance
of any such invalid or unconstitutional phrase, clause, sentence, paragraph, or section.
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.
The City Secretary of the City of Kennedale is hereby directed to publish the
caption, Section 1, penalty clause, publication clause and effective date clause of this
Ordinance in every issue of the official newspaper of the City of Kennedale for two days
or one issue of the newspaper if the official newspaper is a weekly newspaper as
authorized by Section 3.10 of the City of Kennedale Charter.
SECTION 10.
This Ordinance shall be in full force and effect from and after its passage and
publication as required by law and it is so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OFF THE CITY OF
KENNEDALE, TEXAS, THIS THE 22ND DAY OF OCTOBER, 2019.
PAGE 4 OF 4
O681 CITY OF KENNEDALE, TX 2019
APPROVED:
______________________________
MAYOR BRIAN JOHNSON
ATTEST: [ C I T Y S E A L ]
______________________________
CITY SECRETARY LESLIE E. GALLOWAY
APPROVED AS TO FORM AND LEGALITY: EFFECTIVE DATE:
______________________________ ______________________________
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
DATE: October 22, 2019
AGENDA ITEM: REGULAR ITEMS ITEM E.
SUBJECT:
CASE #PZ 19-09 — Continue a public hearing and consider Ordinance 682, regarding a request by Devan Pharis for
a rezoning from “R3” Residential to “MF” Multi-Family for approximately 11 acres located at 5306 Kennedale Sublett
Road, Block 1, Lot 2, Vaquero Coker Addition, 5310 Kennedale Sublett Road, James R Hawkins Survey, Abstract
792, Tract 1L, 5308 Kennedale Sublett Road, James R Hawkins Survey, Abstract 792, Tract 1G, 5308 Kennedale
Sublett Road, James R Hawkins Survey, Abstract 792, Tract 1G, 5306 Kennedale Sublett Road, James R Hawkins
Survey, Abstract 792, Tract 1K Homesite, 5306 Kennedale Sublett Road, James R Hawkins Survey, Abstract 792,
Tract 1J, 5306 Kennedale Sublett Road, James R Hawkins Survey, Abstract 792, Tract 1M Homesite, 1996 Palm
Arbor 28x66 LB #PFS411170& Palm Harbor, 3176 Hawkins Joplin Road, James R Hawkins Survey, Abstract 792,
Tract 1H, 3190 Hawkins Joplin Road, James R Hawkins Survey, Abstract 792, Tract 1F, 1989 High Chaparral 28 x 56,
LB #Tex0340915 Tiffany, 3196 Hawkins Joplin Road, James R Hawkins Survey, Abstract 792, Tract 1E, City of
Kennedale, Tarrant County, Texas
ORIGINATED BY:
Melissa Dailey, Director of Planning & Economic Development
SUMMARY:
This item originally appeared on the Tuesday, October 15, 2019 Regular Meeting agenda, at which time the Council
began the Public Hearing. At that time, it was the consensus of the Council to continue the Public Hearing and further
consideration of this item to this Special Meeting so that all members of the Council could be present to consider the
adoption of the related Ordinance.
BACKGROUND AND OVERVIEW
Request Rezone from R3 (Single-Family Residential) to MF (Multi-Family Residential)
Applicant Devan Pharis
Location Various lots at Kennedale Sublett Road and Joplin Road
Surrounding Uses Commercial and single-family residential
Future Land Use Plan Designation Urban Village
Staff Recommendation Approve
CURRENT STATUS OF PROPERTY
The property is vacant land.
SURROUNDING PROPERTIES & NEIGHBORHOOD
This property is located at the southwest corner of Kennedale Sublett and Joplin Roads. Kennedale Sublett Road is
identified in the Future Transportation Plan as a Boulevard and a priority bicycle/pedestrian project. The corridor is
characterized by a variety of uses, including a self-storage facility, two large garage stores, fast food restaurants and
other neighborhood commercial uses, and single family residential. Commercial uses are planned for the site
immediately adjacent to the north. A new retail strip center and fitness club are currently under construction directly
across Kennedale Sublett Road from this site.
STAFF REVIEW
Future Land Use Plan
The Future Land Use Plan indicates this property as Urban Village.
Related Goals From the Comprehensive Land Use Plan
The comprehensive plan goal related to this rezoning request falls under:
PRINCIPLE 1: CONNECTED CITY. SUPPORTING A WALKABLE BUILT ENVIRONMENT.
As land development creates the demand to travel, ensure that it reduces the need to drive by providing
ample direct connections for pedestrians, bicycles, and transit.
PRINCIPLE 2: ECONOMIC PROSPERITY. PROMOTE ACCESS TO HOUSING.
Providing housing options for people of varying financial means and residential preferences. Provide the
regulatory framework and developer support to provide quality housing for residents. Create job opportunities
in Kennedale that help stabilize the local tax base and allow residents to work close to home.
PRINCIPLE 3: THRIVING COMMUNITY. CREATE VIBRANT CENTERS.
Promote social integration and economic activity through the development of different scale centers
throughout the community.
City Council Ends Statements and Goals
Business uses are compatible with residential areas.
Sidewalks and landscaping are integral to the community.
Financially responsible and sustainable.
Well planned community based on principles of a connected city, economic prosperity, and a thriving
community.
Connected city with a multi-modal transportation system designed and maintained to reduce auto congestion,
increase accessibility and accommodate pedestrians and cyclists safely and comfortably.
SUMMARY
significant growth in the area, along with the surrounding development in the immediately vicinity, has made this
property viable for development, particularly for multi-family planned for the site. Over the past several years, a new
grocery store and multiple restaurants have been built, with more being constructed at this time adjacent to this
property. Interstate 287 is approximately 1,100 feet to the east.
The developer plans to build high-end apartments in a walkable, sustainable development on this 11-acre site,
providing an optimal transitional use for adjacent single family to the intense commercial uses to the north and east.
The development will be required to meet the new building and street form recently adopted for Multi-Family (MF)
zoning that requires a quality, walkable development in an urban form. The location on an arterial street that connects
Kennedale and Arlington is ideal for a higher-density residential development.
Apartments are in high demand by those wanting a different type of housing with less maintenance, and this
development will provide that quality housing for that market, while adding to the diversity of housing options in
Kennedale. The future land use plan calls for this site to be Urban Village. This developer plans commercial on the
site immediately north of the multi-family, and the multi-family to be developed in accordance with the building/site
form that emulates the urban village requirements.
The Planning & Zoning (P&Z) Commission recommended approval of this request with a 4-2 vote at their meeting on
October 10, 2019.
STAFF RECOMMENDATION
Based on the above analysis, staff recommends approval of the rezoning.
ACTION BY THE CITY COUNCIL
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 the request for rezoning.
Deny: Based on the information presented, I find that the proposed use does not meet (list standards or
requirements not met) and make a motion to deny the request.
RECOMMENDATION: Approve
ATTACHMENTS:
1.19-09 PZ 19-09 5306 Kennedale Sublett Maps.pdf
2.O682 PZ19-09 5306 Kennedale Sublett FINAL O682 PZ19-09 5306 Kennedale Sublett FINAL.pdf
PZ 19-09
Location Map
PZ 19-09
Zoning Map Property location
PZ 19-09
Future Land Use Map Property location
PAGE 1 OF 4
O682 CITY OF KENNEDALE, TX 2019
ORDINANCE NO. 682
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF THE
CITY OF KENNEDALE, TEXAS, BY CHANGING THE ZONING
CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE CITY OF
KENNEDALE, BEING APPROXIMATELY 11 ACRES LOCATED AT 5306
KENNEDALE SUBLETT ROAD, BLOCK 1, LOT 2, VAQUERO COKER
ADDITION, 5310 KENNEDALE SUBLETT ROAD, JAMES R HAWKINS
SURVEY, ABSTRACT 792, TRACT 1L, 5308 KENNEDALE SUBLETT ROAD,
JAMES R HAWKINS SURVEY, ABSTRACT 792, TRACT 1G, 5308
KENNEDALE SUBLETT ROAD, JAMES R HAWKINS SURVEY, ABSTRACT
792, TRACT 1G, 5306 KENNEDALE SUBLETT ROAD, JAMES R HAWKINS
SURVEY, ABSTRACT 792, TRACT 1K HOMESITE, 5306 KENNEDALE
SUBLETT ROAD, JAMES R HAWKINS SURVEY, ABSTRACT 792, TRACT 1J,
5306 KENNEDALE SUBLETT ROAD, JAMES R HAWKINS SURVEY,
ABSTRACT 792, TRACT 1M HOMESITE, 1996 PALM ARBOR 28X66 LB
#PFS411170& PALM HARBOR, 3176 HAWKINS JOPLIN ROAD, JAMES R
HAWKINS SURVEY, ABSTRACT 792, TRACT 1H, 3190 HAWKINS JOPLIN
ROAD, JAMES R HAWKINS SURVEY, ABSTRACT 792, TRACT 1F, 1989
HIGH CHAPARRAL 28 X 56, LB #TEX0340915 TIFFANY, 3196 HAWKINS
JOPLIN ROAD, JAMES R HAWKINS SURVEY, ABSTRACT 792, TRACT 1E,
CITY OF KENNEDALE, TARRANT COUNTY, TEXAS FROM “R-3” SINGLE
FAMILY RESIDENTIAL DISTRICT TO “MF” MULTIFAMILY RESIDENTIAL
DISTRICT; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING
MAP TO REFLECT SUCH CHANGE; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY 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 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; 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, a change in the zoning classification of the property listed below was
requested by a person or entity having a proprietary interest in said property; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of
the City of Kennedale, Texas, on October 10, 2019, and by the City Council of the City of
Kennedale, Texas, on October 15, 2019 (continued to October 22, 2019), with respect to
the zoning change 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
PAGE 2 OF 4
O682 CITY OF KENNEDALE, TX 2019
WHEREAS, the City Council of the City of Kennedale, Texas, does hereby deem it
advisable and in the public interest to amend the Unified Development Code, as amended, as
described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
The Unified Development Code, as amended, is hereby amended so that the permitted
uses in the hereinafter described area shall be altered, changed and amended as shown and
described below:
Approximately 11 acres located at 5306 Kennedale Sublett Road, Block 1, Lot 2,
Vaquero Coker Addition, 5310 Kennedale Sublett Road, James R Hawkins
Survey, Abstract 792, Tract 1L, 5308 Kennedale Sublett Road, James R Hawkins
Survey, Abstract 792, Tract 1G, 5308 Kennedale Sublett Road, James R
Hawkins Survey, Abstract 792, Tract 1G, 5306 Kennedale Sublett Road, James
R Hawkins Survey, Abstract 792, Tract 1K Homesite, 5306 Kennedale Sublett
Road, James R Hawkins Survey, Abstract 792, Tract 1J, 5306 Kennedale Sublett
Road, James R Hawkins Survey, Abstract 792, Tract 1M Homesite, 1996 Palm
Arbor 28x66 LB #PFS411170& Palm Harbor, 3176 Hawkins Joplin Road, James
R Hawkins Survey, Abstract 792, Tract 1H, 3190 Hawkins Joplin Road, James R
Hawkins Survey, Abstract 792, Tract 1F, 1989 High Chaparral 28 x 56, LB
#Tex0340915 Tiffany, 3196 Hawkins Joplin Road, James R Hawkins Survey,
Abstract 792, Tract 1E, City of Kennedale, Tarrant County, Texas on the
illustration attached hereto as Exhibit “A” and incorporated herein for all purposes
of this ordinance, is hereby rezoned from “R-3” Single Family Residential District
to “MF” Multifamily Residential District.
SECTION 2.
The zoning districts and boundaries 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
allowed 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.
PAGE 3 OF 4
O682 CITY OF KENNEDALE, TX 2019
SECTION 4.
The use of the property hereinabove described shall be subject to all the applicable
regulations contained in the Unified Development Code, as amended, and all other applicable
and pertinent ordinances of the City of Kennedale, Texas.
SECTION 5.
This Ordinance shall be cumulative of the Unified Development Code, as amended, and
all other Ordinances of the City of Kennedale, Texas, affecting zoning and land use, and shall
not repeal any of the provisions of such ordinances except in those instances where provisions
of such ordinances are in direct conflict with the provisions of this ordinance.
SECTION 6.
All rights or remedies of the City of Kennedale, Texas, are expressly saved as to any
and all violations of the Unified Development Code, as amended, 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 7.
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 invalid or unconstitutional
by the valid judgment or decree of any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, or sections of this Ordinance, since the same would have been enacted by the City
Council without the incorporation in this Ordinance of any such invalid or unconstitutional
phrase, clause, sentence, paragraph, or section.
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.
The City Secretary of the City of Kennedale is hereby directed to publish the caption,
Section 1, penalty clause, publication clause and effective date clause of this Ordinance in
every issue of the official newspaper of the City of Kennedale for two days or one issue of the
newspaper if the official newspaper is a weekly newspaper as authorized by Section 3.10 of the
City of Kennedale Charter.
SECTION 10.
This Ordinance shall be in full force and effect from and after its pas sage and publication
as required by law and it is so ordained.
PAGE 4 OF 4
O682 CITY OF KENNEDALE, TX 2019
PASSED AND APPROVED BY THE CITY COUNCIL OFF THE CITY OF
KENNEDALE, TEXAS, THIS THE 22ND DAY OF OCTOBER, 2019.
APPROVED:
______________________________
MAYOR BRIAN JOHNSON
ATTEST: [ C I T Y S E A L ]
______________________________
CITY SECRETARY LESLIE E. GALLOWAY
APPROVED AS TO FORM AND LEGALITY: EFFECTIVE DATE:
______________________________ ______________________________