O712 Zoning change from R2 to PD for 3775 Kennedale New Hope RoadORDINANCE NO. 712
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE , BY
REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY
OF KENNEDALE FROM "R2" RESIDENTIAL DISTRICT TO "PD" PLANNED
DEVELOPMENT DISTRICT; PROVIDING FOR THE AMENDMENT OF THE
OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Kennedale Texas is a Home Rule municipality acting under its
charter adopted by the electorate pursuant to Article XI of the Texas Constitution and Chapter 9
of the Local Government Code; and
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has
adopted a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential or other purposes for the
purpose of promoting the public health, safety, morals and general welfare, all in accordance
with a comprehensive plan; and
WHEREAS, the property described below is within an area designated as
Neighborhoods in the Future Land Use Plan within the comprehensive land use plan; and
WHEREAS, the City Council has determined that the "PD" Planned Development district
is the most suitable zoning district for the property described below, in accordance with the
comprehensive land use plan, and with the standards in the Unified Development Code; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of
the City of Kennedale on the 10th day of September, 2020 and by the City Council of the City of
Kennedale on the 15th day of September, 2020 with respect to the zoning changes described
herein; and
WHEREAS, all requirements of law dealing with notice to other property owner,
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 Unified Development Code as described herein.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THAT:
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 6 acres located at 3775 Kennedale New Hope Road, Robert C Richey
Survey, Abstract No 1327, Tract 2K and 2L, and 3771 Kennedale New Hope Road, Robert C
PAGE 1 OF 15
0712 CITY OF KENNEDALE, TX 2020
Richey Survey, Abstract 1359, Tract 1 D and 1 E, City of Kennedale, Tarrant County, Texas ("the
Property"), as more particularly described on Exhibit "A" attached hereto and incorporated
herein, is rezoned from "R3" Residential District to "PD" Planned Development district.
SECTION 2. The uses in the Planned Development ("PD") shall conform to the uses
permitted in the "R-4" single-family residential zoning district. The PD development shall be
subject to the restrictions, terms and conditions set forth in the Concept Plan, which consists of
the Site Plan and Development Regulations, attached hereto as Exhibit "C" and Exhibit "B"
respectively, all applicable regulations of the Unified Development Code, and all other
applicable ordinances of the City.. The Development Standards in Exhibit "B" shall supersede
those in the Unified Development Code in case of any conflict. All other standards shall meet
the Unified Development Code, as amended.
SECTION 3. The regulations adopted herein 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, and to
facilitate the adequate provisions of transportation water, sewerage, parks and other public
requirements. They have been made after a full and complete hearing with reasonable
consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of the buildings and encouraging the
most appropriate use of land throughout the community.
SECTION 4. The City Council further finds that the PD complies with the intent and all
qualifying conditions of Section 9.2 of the Unified Development Code; the uses conducted within
the proposed PD, the PD's impact on the community, and other aspects of the PD are
consistent with the Comprehensive Plan; the proposed PD is to be designed, constructed,
operated, and maintained in a manner harmonious with the character of adjacent property, the
surrounding uses of land, the natural environment, and the capacity of public services and
facilities affected by the development; the PD will not change the essential character of the
surrounding area; and the PD will not be hazardous to adjacent property or involve uses,
activities, materials, or equipment that will be detrimental to the health, safety, or welfare of
persons or property through the excessive production of traffic, noise, smoke, fumes, or glare.
SECTION 5. The City Secretary is hereby directed to amend the official zoning map to
reflect the changes in classifications approved herein.
SECTION 6. This Ordinance shall be cumulative of all provisions of ordinances and of
the Code of Ordinances of the City of Kennedale, Texas (1991), as amended, including but not
limited to all Ordinances of the City of Kennedale affecting zoning and land use, and shall not
repeal any of the provisions of such ordinances except in those instances where provisions of
such ordinances are in direct conflict with the provisions of this ordinance.
SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects, or
refuses to comply with or who resists enforcement of any of the provisions of this ordinance
shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that
a violation is permitted to exist shall constitute a separate offense.
SECTION 8. All rights or remedies of the City of Kennedale, Texas are expressly saved
as to any and all violations of any ordinances governing zoning or of any amendments thereto
that have accrued at the time of the effective date of this Ordinance as to such accrued
PAGE 2 OF 15
0712 CITY OF KENNEDALE, TX 2020
violations and all pending litigation both civil and criminal same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the Courts.
SECTION 9. It is hereby declared to be the intention of the City Council that the
phrases, clauses, sentences, paragraphs and sections of this ordinance are severable and if
any phrase, clause, sentence, paragraph or section of this ordinance shall be declared 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 10. The City Secretary of the City of Kennedale is hereby directed to publish
the caption, Section 1, the penalty clause, the publication clause, and the effective date clause
of this ordinance in every issue of the official newspaper of the City of Kennedale for two days
or one issue of the newspaper if the official newspaper is a weekly newspaper as authorized by
Section 3.10 of the City of Kennedale Charter.
SECTION 11. This ordinance shall be in full force and effect from and after its passage
and publication as required by law and it is so ordained.
DULY PASED, ADOPTED, AND APPROVED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, ON THE 15th DAY OF SEPTEMBER, 2020.
APPROVED:
AYOR BRIA ` JOHNSON
ATTEST:
SECRETARY LESLIE E. GALLOWAIJ
APPROVED AS TO FORM AND LEGALITY: EFFECTIVE DATE:
CITY A OR Y D' W LARKIN
vo oie
U{' oKrV1����
PAGE 3 OF 15
0712 CITY OF KENNEDALE, TX 2020
ORDINANCE NO. 712
EXHIBIT "A"
BEING a part of the Robert C. Richey Survey, Abstract No. 1327, situated in the City of
Kennedale, Tarrant County, Texas, and embracing all of the Tracts 1 and 2 described in
the deed to Terry R. Scott and Eva J. Scott and recorded in Volume 6444, Page 344 of
the Deed Records of Tarrant County, Texas and more particularly described by metes
and bounds as follows:
BEGINNING at a 5/8" iron rod found for the northwest corner of said Tract 1 and the
southwest corner of the 2.46 acres tract described in the deed to Glen Ray Hinkel and
Betty Ann Hinkel, recorded in Volume 5914, Page 323 of the said Deed Records and
being in the east right-of-way line of S. New Hope Road;
THENCE N 87°36'04" E, along the north line of said Tract 1 and the south line of said
2.46 acres tract, generally along a fence, passing a 1/2" iron rod found at 554.11 feet and
S 02°23'56" E, 1.19 feet, and continuing along said line, in all, a distance of 1136.85 feet
to a 5/8" iron rod set with plastic cap stamped "MMA" for the northeast corner of said Tract
1, from which a cross -tie fence corner post bears S 87°36'04" W, 1.16 feet. Said iron rod
being by deed call South 193.00 feet and N 87°45'E, 360.8 feet from the southwest corner
of the E.C. Cannon Survey, Abstract No.378;
THENCE S 01°10'43" E, along the west line of said Tract 1, to and along the west line of
said Tract 2, a distance of 229.88 feet to a 5/8" iron rod set with plastic cap stamped
"MMA" for the southeast corner of said Tract 2 and the northeast corner of the tract
described in the deed to Kamel Soliman et al, recorded in Volume 8384, Page 1782 of
the said Deed Records. Said iron rod being by deed call SOUTH, 346.32 feet and N
87°45' E, 360.8 feet from the said southwest corner of Cannon Survey;
THENCE S 87°33'48" W, along the south line of said Tract 2 and the said north line of
Soliman tract, generally along a fence, a distance of 1136.85 feet to a 1/2" iron rod found
with yellow plastic cap stamped "GSI SURVEYING" for the southwest corner of said Tract
2 and the northwest corner of said Soliman tract, in the said east right-of-way line;
THENCE N 01 ° 10'57" W, along the west line of said Tract 2, to and along the west line of
said Tract 1, and continuing along the said east right-of-way, a distance of 230.63 feet to
the point of beginning and containing 6.008 acres (261,703 square feet more or less.
The basis of bearings is the Texas Coordinate System NAD83, North Central Zone 4202
having a combined scale factor of 1.000121668467, base point 0,0,0.
Page I 1 of 2
PAGE 4 OF 15
0712 CITY OF KENNEDALE, TX 2020
Field notes to accompany survey sketch of same date.
Stephen H. Roberson July 27, 2020
Registered Professional Land
Surveyor No. 4090
Mycoskie & Associates, Inc.
519 E. Border Street
Arlington, Tx 76010
A
..-----� 'O TeR'F TF
Q-:G15gqe..
o..'.eo..woe........... naive
STEPHEN H. ROBERSON ►
4090 P
Page 12 of 2
PAGE 5 OF 15
0712 CITY OF KENNEDALE, TX 2020
III OYN 376.1 i1)
OS 3iO 3dOH d3N 'S
ORDINANCE NO. 712
EXHIBIT "B"
MODERNO — Development Standards
The use of the Property shall be subject to the restrictions, terms and conditions set
forth in the Planned Development standards stated below.
1) Property location and size.
Moderno Development (Subject Property) is established on property located at
3775 and 3771 Kennedale New Hope Road. This Planned Development is
comprised of 2 tracts of land consisting of approximately 6 acres, more
particularly shown on the Site Plan, which is attached hereto for all purposes.
2) Purpose
To create a Planned Development for fifty (50) single family residential lots. The
minimum gross density and a net density are as shown on the Site Plan. An entry
feature will be provided at the connection point to Kennedale New Hope Road.
This neighborhood will meet at least 5 of the qualifying conditions as laid out in
Section 9.2.0 of the Unified Development Code (UDC). These conditions include:
2) a pedestrian -oriented design, 3) high quality architectural design beyond the
site plan requirements of this article; 4) extensive landscaping beyond the site
plan requirements of this article; 7) provision of open space or public plazas and
features.
3) Development plan.
The proposed Site Plan will be in complete accordance with the provisions of the
approved Planned Development and shall be binding upon the applicant thereof,
his successors and assigns, and shall limit and control building permits.
4) Lot composition and layout.
The lot layout and composition shall conform to the Site Plan and the
requirements of Table 1 below.
Table 1: Lot Composition
Min Standard Lot Size
(ft)
Minimum Lot Area (sf)
Minimum Corner Lot Area
(sf)
35x65
2,275
2241
5) Unless specifically provided by this Planned Development Ordinance, the
development standards stipulated by the Single -Family Residential District (R-4)
are applicable to all development on the Subject Property. The maximum
permissible density for the Subject Property shall not exceed 10 dwelling units
per gross acre of land; however, in no case should the proposed development
exceed 50 units. All lots shall conform to the standards depicted in Table 2,
which is as follows:
PAGE 7 OF 15
0712 CITY OF KENNEDALE, TX 2020
Table 2: Lot Dimensional Requirements
Minimum Standard Lot Width/Frontage
35
Minimum Lot Depth
65
Minimum Lot Area
2,275
Minimum Corner Lot Area
2,241
Minimum Front Setback
5
Minimum Side Setback
5
Maximum Height
35
Minimum Rear Setback
0
Minimum Area/Dwelling
750
Maximum Lot Coverage
70%
6) Community Architectural Controls.
Home elevations allowed in this community are represented in elevation plans
depicted in Exhibit C. Additional elevations in a similar style are allowed.
A) Architectural attributes for this residential development will consist of the
following:
a.
Architectural design will be as shown in elevations depicted below.
b. Shutters, if provided, will be sized and shaped to match the associated
openings.
c. Gutters, if provided, will be exposed or painted copper, galvanized steel,
or aluminum if exposed to the street.
d. All asphalt roof shingles will be laminated architectural shingles with a
three-dimensional appearance and warranted for at least (30) years.
i. Roof Materials.
1. All roof shingles shall be an architectural or dimensional
shingle (3-Tab Roofing Shingles are prohibited).
e. A minimum of overall 4:12 roof pitch is required on all structures with the
exception of sunrooms, covered patios, and porches, which shall have a
minimum of a 2:12 roof pitch.
f. In order to encourage variety on a continuous block, the exterior facades
for houses will vary throughout the development utilizing at least five
designs consistent with those depicted in Exhibit C throughout the
community.
PAGE 8 OF 15
0712 CITY OF KENNEDALE, TX 2020
g. The exterior facades of all buildings shall be cementaceous fiberboard,
horizontal lap -siding, board and baton, shake, or similar material. Brick or
stone is also allowed but not required. Metal and vinyl siding are not
allowed.
h. All homes shall incorporate a covered front porch as indicated on below
elevations.
i. Parking shall be provided at the rear for two spaces for each home with a
porte-cochere that is architecturally designed as part of each home.
j. Decorative lighting is required along all walkways and sufficient to provide
for well -lit walkways at night.
k. The landscape within the development shall be consistent with the
landscape plan and landscape materials depicted below.
I. All common open space, landscaping in open space areas, private roads,
drainage areas and masonry columns will have a mandatory
Homeowners' Association (HOA) to maintain those improvements.
m. Utility, Service and Mechanical Equipment
i. All equipment related to utilities intended to serve one Lot shall be
installed by the Owner of the Lot and shall be located underground
if possible.
ii. All services to the Lot, including pre -wiring for cable television, must
be installed underground if available.
n. Walkway Requirements
i. Walkways shall be provided in accordance with the landscape plan
in Exhibit C.
o. Homeowners' Association
i. Homeowners' Association (HOA). A Homeowners' Association shall
be created to enforce the restrictions established in accordance
with the HOA requirements of the City of Kennedale UDC. The
HOA shall also maintain all neighborhood parks, trails, open space
and common areas, irrigation, landscaping, amenity centers,
screening fences associated with this development.
PAGE 9 OF 15
0712 CITY OF KENNEDALE, TX 2020
ORDINANCE NO. 712 - EXHIBIT C
DEVELOPMENT STANDARDS
0
P-2
PD (SINGLE FAMILY RESIDENIAL-
DEEATCHED)
BUILDING -STANDARDS REAR LOADED ENTRY
.
n c
MINIMUMWIDTH
MINIMUM OEPEH
1
SIDE URI) SETBACK
REARYARDSETBAD(
a
SINGLE FAMILY PARKING TABLE
PROVIDED
vlsrtoR- D 13
ON STREET
SINGLE FAMILY LAND USE SUMMARY
z d
3
` i
V8
Q
REQUIRED
3
g
N
a
1
3
a
'
F
13
a
a
S
d
3
k
a
a
a
5
13
i
a
c
1]
a
el'
I
\,t
Fie^
31."xw ASago
}FfJI mn �u
2
pI to
d �
csz_
asN a�
,*w"3ea
L
eta
Np
EZG
Ir
35
1e•
g
N
1
1
I
3
rt
aroff 9dOX 1191,1 97Y09NN99
co
co
co
>,
= C ,...3 ("Z5 rE .g, (945 U) CZ 00 0) 0 C 0 a)
E D.It Q 2 :.'i-f.i :„.... I
cmL!!
as 0
=
E=i Va C6
3c-
al 0 CD
-0 0- ol- 63 g § = LLIC Ri)it 435 ,,; ac ;: l..!5. .;il
a- c?-.) N g 2E ,t13- SS .23 w al E EE :Er 3„ :2 2 0;53 2 ;5 -R
-,
a) a) >< as EE >< a) == 0 0 a) (3 T5 :3 (
F-. 0 <1( 1222 :E < 12C LL- 2 cr) (.9 on LL-
ID)
c
crs
as
E
a)
-cp
-07-12-C TY OF K
Presented By
BAN
•-07-o7P-0EL
101M=MMENMOIMMOMMIN
0712 CITY IF
Presented By
A
00te
N
•
MODERN,0
Presented By
Star -Telegram
MEDIA
Arlington Citizen -Journal The Keller Citizen La Estrella
Mansfield News -Mirror Star -Telegram Northeast Weatherford Star -Telegram
star-telegram.com 1808 Throckmorton St. I Ft Worth, Tx. 76102-6315
Customer
Order
USA
Confirmation
Payor Customer
CITY OF KENNEDALE
Customer Account
CITY OF KENNEDALE
Pavor Account
600629
Customer Address
600629
Pavor Address
405 MUNICIPAL DR
KENNEDALE TX 760602249
Customer Phone
405 MUNICIPAL DR
KENNEDALE TX 760602249 USA
Pavor Phone
817-360-0522
Customer Fax
817-360-0522
Customer EMail
Sales Rep
rericson@cityofkennedale.com
Order Taker
agrisham@mcclatchy.com
agrisham@mcclatchy.com
PO Number
Payment Method
Blind Box Tear Sheets Proofs
Affidavits
Invoice
0 0
1
Net Amount
Tax Amount Total Amount
Payment Amount
Amount Due
$131.59
$0.00 $131.59
$0.00
$131.59
Ad Order Number
Order Source
Ordered By Special Pricing
0004761975
Invoice Text
LESLIE E. GALLOWAY
Promo Type
Materials
Package Buy
9/21/2020 2:0-1 59PM
Page 1 of 3 _FRha_ord=.rConfirmalion.rpl
Ad Order Information
Ad Number Ad Type
0004761975-01 FTW-Legal Liner
Production Method Production Notes
AdBooker
External Ad Number Ad Attributes
Ad Size Color
1 X 89 li
Ad Released
No
Pick Up
Product Placement Times Run Schedule Cost
FTW- Star -Telegram 0300 - Legals Classified 1 $116.59
Run Schedule Invoice Text Position
CITY OF KENNEDALE ORDINANCE NO. 712 AN C
Run Dates
09/23/2020
0301 - Legals & Public Notices
Product Placement Times Run Schedule Cost
FTW-Upsell ST.Com 0300 - Legals Classified 1 $15.00
Run Schedule Invoice Text Position
CITY OF KENNEDALE ORDINANCE NO. 712 AN C 0301 - Legals & Public Notices
Run Dates
09/23/2020
9/2 02020 2 0 .56PN1 Page 2 of 3 _PR1/1_01,1arconfirrnalion rpl
CITY OF KENNEDALE ORDINANCE
NO, 712 AN ORDINANCE AMEND-
ING THE UNIFIED DEVELOPMENT
CODE , BY REZONING CERTAIN
PROPERTY WITHIN THE CITY LIM-
ITS OF THE CITY OF KENNEDALE
FROM "R2" RESIDENTIAL DIS-
TRICT TO "PD" PLANNED DEVEL-
OPMENT DISTRICT; PROVIDING
FOR THE AMENDMENT OF THE
OFFICIAL ZONING MAP TO RE-
FLECT SUCH CHANGES; PROVID-
ING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING FOR A
PENALTY FOR VIOLATIONS HERE-
OF; PROVIDING A SAVINGS
CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVID-
ING FOR PUBLICATION IN THE OF-
FICIAL NEWSPAPER; AND PRO-
VIDING AN EFFECTIVE DATE. THE
COMPREHENSIVE ZONING ORDI-
NANCE IS HEREBY AMENDED SO
THAT THE ZONING CLASSIFICA-
TION AND THE USES IN THE
HEREINAFTER DESCRIBED AREA
SHALL BE CHANGED AND/OR RE-
STRICTED AS SHOWN AND DE-
SCRIBED BELOW: AN APPROXI-
MATELY 6 ACRES LOCATED AT
3775 KENNEDALE NEW HOPE
ROAD, ROBERT C RICHEY SUR-
VEY, ABSTRACT NO 1327, TRACT
2K AND 2L, AND 3771 KENNEDALE
NEW HOPE ROAD, ROBERT C RI-
CHEY SURVEY ABSTRACT 1359,
TRACT 1D AND 1E CITY OF
KENNEDALE, TARRANT COUNTY,
TEXAS ("THE PROPERTY"), AS
MORE PARTICULARLY DESCRIBED
ON EXHIBIT "A" ATTACHED
HERETO AND INCORPORATED
HEREIN IS REZONED FROM "R3"
RESIDENTIAL DISTRICT TO "PD"
PLANNED DEVELOPMENT DIS-
TRICT. 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 PERMIT-
TED TO EXIST SHALL CONSTI-
TUTE A SEPARATE OFFENSE. THE
CITY SECRETARY OF THE CITY OF
KENNEDALE IS HEREBY DIRECTED
TO PUBLISH THE CAPTION, SEC-
TION 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. THIS OR-
DINANCE SHALL BE IN FULL
FORCE AND EFFECT FROM AND
AFTER ITS PASSAGE AND PUBLI-
CATION AS REQUIRED BY LAW
AND IT IS SO ORDAINED. DULY
PASED, ADOPTED, AND AP-
PROVED BY THE CITY COUNCIL OF
THE CITY OF KENNEDALE, TEXAS,
ON THE 15TH DAY OF SEPTEM-
BER, 2020. APPROVED /S/ MAYOR
BRIAN JOHNSON / ATTEST /S/
CITY SECRETARY LESLIE E. GAL-
LOWAY / APPROVED AS TO
FORM AND LEGALITY /S/ CITY
ATTORNEY DREW LARKIN
9/21 /2020 2:01:93PM Page 3 of 3
_FR0.4_arderconormanon. rpl