2022_05.10 BOA PacketBOARD OF ADJUSTMENT AGENDA
REGULAR MEETING | MAY 10, 2022 AT 5:30 PM
CITY HALL COUNCIL CHAMBERS | 405 MUNICIPAL DRIVE, KENNEDALE, TX 76060
I. CALL TO ORDER
To address the Board of Adjustment regarding an agenda item, submit a ‘Request to Speak’ form before the meeting
begins. Speakers are allotted three (3) minutes, must limit their comments to the subject indicated on the form, and
should address the Board of Adjustment as a whole, rather than individual members or staff. Pursuant to Texas
Government Code §551.071, the Board of Adjustment reserves the right to adjourn into Executive (Closed) Session
at any time during the meeting to seek legal advice from the City Attorney on any item posted on the agenda.
A.ROLL CALL
II. REGULAR SESSION
A.SWEARING IN OF SPEAKERS
B.ITEMS FOR INDIVIDUAL CONSIDERATION
1.Consider approval of the minutes from the October 12, 2021 regular meeting
2.CASE #BOA 22-01 — Public Hearing and consider action on a request for a
variance by JD Design & Developer, LLC to permit more than the allowable
impervious area as permitted by Section 6.3 of the Unified Development
Code for 801 Potomac Parkway, Lot 1, Block1 situated in the M.P. Land
Survey, Abstract 987, City of Kennedale, Tarrant County, Texas
III. ADJOURNMENT
CERTIFICATION
I DO HEREBY CERTIFY THAT THE MAY 10, 2022 BOARD OF ADJUSTMENT 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.
_____________________________
ROSIE Q. ERICSON, 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 Board of Adjustment
MEETING DATE: MAY 10, 2022
AGENDA ITEM NUMBER: INDIVIDUAL CONSIDERATION ITEM II.B.1.
SUBJECT
Consider approval of the minutes from the October 12, 2021 regular meeting
ORIGINATED BY
Rosie Ericson, Board Secretary
SUMMARY
The minutes will be provided before the meeting.
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
to the Board of Adjustment
MEETING DATE: MAY 10, 2022
AGENDA ITEM NUMBER: INDIVIDUAL CONSIDERATION ITEM II.B.2.
SUBJECT
CASE #BOA 22-01 — Public Hearing and consider action on a request for a variance by JD Design & Developer,
LLC to permit more than the allowable impervious area as permitted by Section 6.3 of the Unified Development Code
for 801 Potomac Parkway, Lot 1, Block1 situated in the M.P. Land Survey, Abstract 987, City of Kennedale, Tarrant
County, Texas
ORIGINATED BY
Chance LeBlanc, Planning Consultant with Dunaway
SUMMARY
BACKGROUND AND OVERVIEW
Request Variance request to allow 70% of impervious area instead of the permitted 60%
maximum per C1 Zoning
Applicant JD Design & Developer, LLC
Location 801 Potomac Parkway
Surrounding Uses Single-Family Residential, Mini-Storage, and Church
Surrounding Zoning R2 Residential & C1 Commercial
Future Land Use Plan
Designation
Neighborhoods (Adjacent Urban Village)
Staff Recommendation Approve
CURRENT STATUS OF PROPERTY
This vacant property is located at the southwest corner of the intersection of Potomac Parkway and Little School
Road. The applicant would like to develop a retail center with one primary building containing seven (7) individual
units.
SURROUNDING PROPERTIES & NEIGHBORHOOD
The subject property is located north of the Old School Primitive Baptist Church. Along the east side of the property is
Little School Road and Highpoint Residential Addition. The property along the west is a residential lot with half of the
lot situated within the City of Arlington and the remainder within the City of Kennedale.
STAFF REVIEW
Future Land Use Plan
The Future Land Use Plan indicates this property as neighborhoods with an adjacent Urban Village.
Example Development Types: Multifamily
RELATED GOALS FROM THE COMPREHENSIVE LAND USE PLAN
The comprehensive plan goal related to this request falls under:
PRINCIPLE 3: THRIVING COMMUNITY. CREATE VIBRANT CENTERS.
Promote economic activity through the development of different scale centers throughout the community.
City Council Ends Statements and Goals
Financially responsible and sustainable.
Economically prosperous with an excellent business climate to support light industrial, employment centers and
distribution facilities that are compatible with the Kennedale vision.
ANALYSIS
Requirements for a Variance
1.Is the request owing to a special condition inherent in the property itself? No.
2.Is the condition unique to the property for which a variance is created? No. The goal of this development
project is to maximize the amount of impervious cover on the site.
3.Is the conditioned self-created? No. To provide adequate parking as required by the UDC per Article 12, an
increase over the permitted maximum of 60% impervious needs to be increased to 70%.
4.Will strict enforcement of the zoning ordinance create a hardship above that suffered by the general
public? It would limit the availability of retail options and reduce the potential revenue generation that retail
services might provide for the City.
5.Will the hardship deprive the property owner of the right to use his/her property? It would greatly reduce the
amount of leasable space.
6.Would granting the variance be contrary to the public interest? No. The increase in impervious coverage
would not impact the public interest negatively.
7.Is the request within the spirit of the ordinance and further substantial justice? Yes. To provide adequate
parking as required by the UDC per Article 12, an increase in the permitted impervious coverage is
needed.
RECOMMENDATION
Approve
This location is a great opportunity to provide the City of Kennedale with additional retail and/or commercial services
and the sales tax revenue provided by these types of development. To maximize this opportunity, relief from the
maximum impervious coverage permitted in C1 Commercial is recommended. Based on the above analysis, staff
respectfully recommends that the Board consider approval of the request.
POTENTIAL ACTION BY THE BOARD OF ADJUSTMENT
Approval: Based on the information presented, I find that the request does meet City requirements and the
standards for a variance and make a motion to approve the requested variance.
Deny: Based on the information presented, I find that the proposed use does not meet the standards for a
variance and make a motion to deny the request.
ATTACHMENTS
1.BOA - Site Plan BOA - Site Plan.pdf
2.BOA -Potomac Impervious Area BOA -Potomac Impervious Area.pdf
3.BOA - Plat BOA - Plat.pdf
CALLED 2.4460 ACRESTRIFECTA HOMES, LLCDOC. NO. D219198097O.P.R.T.C.T.LOT 1BLOCK 1POTOMAC PARKCAB, B, PG. 1238P.R.T.C.T.LOT 1BLOCK 1PRIMITIVE CHURCH ADDITIONDOC. NO. D214071450P.R.T.C.T.N 00°04'13" W 243.76'S 88°52'46" W185.18'M. P. LAMAR SURVEYABSTRACT NO. 987CIRS5/8" IRFPOTOMAC PARKWAY(60' RIGHT-OF-WAY)LITTLE SCHOOL ROAD
(ALSO KNOWN AS "KENNEDALE LITTLE
SCHOOL ROAD, RIGHT-OF-WAY WIDTH VARIES
S 00°43'36" E 246.80'N 88°52'46" E 433.08'1/2" IRFN:6925638.82E:2365989.48S 89°17'02" W 435.86'10' TEXAS UTILITIES ELECTRIC EASEMENTVOLUME 9052, PAGE 947, O.P.R.T.C.T.1/2"IRFCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLPOBCL CL CL CL CL CL CL CL CL CL CL CL CL CL CL CL"X" CUTSETAPPROXIMATE
CENTERLINE
LOCATIONBLOCK 1"X" CUT SETN:6925891.05E:2366422.1813.5'13.7'CONCRETE
CONCRETE
CURB & GUTTER
CONCRETE LOT 12.304 ACRES100,369 SQ. FT.407.98'25.10'RIGHT-OF-WAYDEDICATION(BY THIS PLAT)0.142 ACRES6,191 SQ.FT.410.77'N 00°43'36" W 246.62'25.09'NDrafterProjectDate1.) The purpose of this plat is to create a lot of record from an unplatted tract of land.2.) This property is located in Non-Shaded Zone "X" as scaled from the F.E.M.A.Flood Insurance Rate Map dated September 25, 2009 and is located inCommunity Number 485454 as shown on Map Number 48439C0340K.3.)The grid coordinates shown on this plat are based on GPS observations utilizingthe AllTerra RTK Network. North American Datum of 1983 (AdjustmentRealization 2011).4.)Selling a portion of this addition by metes and bounds is a violation of CityOrdinance and State Law, and is subject to fines and/or withholding of utilitiesand building permits.5.)The bearings shown on this plat are based on GPS observations utilizing theAllTerra RTK Network. North American Datum of 1983 (Adjustment Realization2011).6.) This property may be subject to charges related to impact fees, and the applicantshould contact the City regarding any applicable fees due.7.) Visibility Triangles shall be provided at the intersections of all public and privatestreets in accordance with City Ordinances. All landscaping within the visibilitytriangles shall comply with the visibility triangle ordinance.GENERAL NOTESBE03-22-20222201.029-03VICINITY MAP(NOT TO SCALE)MINOR PLATPRC ADDITIONLOT 1, BLOCK 12.446 ACRESBEING ALL OF A CALLED 2.4460 ACRE TRACTOF LAND DESCRIBED IN SPECIAL WARRANTY DEEDTO J.D. DESIGN & DEVELOPER LLC RECORDED INDOCUMENT NUMBER D222037000, O.P.R.T.C.T.,M.P. LAMAR SURVEY, ABSTRACT No. 987,CITY OF KENNEDALE, TARRANT COUNTY, TEXASDATE OF PREPARATION: MARCH 21, 2022EAGLE SURVEYING, LLC222 S. Elm Street, Suite: 200Denton, TX 76201(940) 222-3009TX Firm #10194177OWNER'S CERTIFICATE & DEDICATIONSTATE OF TEXASCOUNTY OF TARRANTWHEREAS, J.D. DESIGN & DEVELOPER, LLC, is the owner of a 2.446 acre tract or parcel of land situated in the M. P. Lamar Survey, Abstract Number987 in the City of Kennedale, Tarrant County, Texas and being all of a called 2.4460 acre tract of land described in the Special Warranty Deed to J.D.Design & Developer, LLC., recorded in Document Number D222037000 of the Official Public Records of Tarrant County, Texas, and being moreparticularly described by metes and bounds as follows:BEGINNING at a 1/2" iron rod with an illegible cap found at the Southwest corner of said 2.4460 acre tract and the common Southeast corner of PotomacPark an addition to the City of Kennedale, recorded in Cabinet B, Page 1238 of the Plat Records of Tarrant County, Texas and being in the North line ofPrimitive Church Addition an addition to the City of Kennedale, recorded in Document Number D214071450 of the Plat Records of Tarrant County, Texas;THENCE North 00°04'13" West, with the West line of said 2.4460 acre tract and the common East line of said Potomac Park, a distance of 243.76 feet toa capped 1/2" iron rod stamped “EAGLE SURVEYING” set at the Northwest corner of said 2.4460 acre tract and the common Northeast corner of saidPotomac Park and being in the South right-of-way line of Potomac Parkway, from which a 5/8 iron rod found at the Northwest corner of said PotomacPark bears South 88°52'46" West, a distance of 185.18 feet;THENCE North 88°52'46" East, with the North line of said 2.4460 acre tract and the common South right-of-way line of said Potomac Parkway, a distanceof 433.08 feet to a x-cut set at the Northeast corner of said 2.4460 acre tract and being in N. Little School Road;THENCE South 00°43'36" East, with the east line of said 2.4460 acre tract, a distance of 246.80 feet to a x-cut set at the Southeast corner of said 2.4460acre tract and being in said N. Little School Road;THENCE South 89°17'02" West, with the South line of said 2.4460 acre tract , passing at a distance of 25.10 feet a 1/2" iron rod found at the Northeastcorner of said Primitive Church Addition, continuing on said course and with the South line of said 2.4460 acre tract and the common North line of saidPrimitive Church Addition, a total distance of 435.86 feet to the POINT OF BEGINNING and containing 2.446 acres of land more or less.KNOW ALL MEN BY THESE PRESENTS:THAT, J.D. DESIGN & DEVELOPER, LLC, acting by and through its duly authorized agent, the undersigned, does hereby adopt this plat, designatingherein described property as PRC ADDITION, an addition to the City of Kennedale, Tarrant County, Texas, and does hereby dedicate to public useforever all streets, alleys, rights-of-way, easements, and any other public areas shown on this plat.OWNER: J.D. DESIGN & DEVELOPER, LLCBY:_______________________________________________ Signature DateBY:__________________________ Printed Name/ TitleSTATE OF TEXASCOUNTY OF _________BEFORE ME, the undersigned authority, on this day personally appeared ____________________, known to me to be the person whose name issubscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed andin the capacity therein stated.GIVEN UNDER MY HAND AND SEAL OF THE OFFICE this ______ day of ____________________, 2022._________________________________________Notary Public in and for the State of TexasCERTIFICATE OF SURVEYORSTATE OF TEXASCOUNTY OF DENTONKNOW ALL MEN BY THESE PRESENTS:That I, MATTHEW RAABE, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that this plat is true and correct and was preparedfrom an actual survey under my supervision on the ground._____________________________________________________________Matthew Raabe R.P.L.S. # 6402 DatePhone: (940) 222-3009STATE OF TEXASCOUNTY OF DENTONBEFORE ME, the undersigned authority, on this day personally appeared MATTHEW RAABE known to me to be the person whose name is subscribed to theforegoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity thereinstated.GIVEN UNDER MY HAND AND SEAL OF THE OFFICE this ________ day of _________________________, 2022.___________________________________________Notary Public in and for the State of TexasSURVEYOREagle Surveying, LLCContact: Brad Eubanks222 S. Elm Street, Suite: 200Denton, TX 76201(940) 222-3009ENGINEERCivil Point Engineers9101 LBJ FreewayDallas, TX 75243(972) 554-1100CITY MANAGEER CERTIFICATE OF APPROVAL= DOCUMENT NUMBERDOC. NO.= CAPPED IRON ROD FOUNDCIRFPLAT RECORDS,P.R.T.C.T.= VOLUMEVOL= PAGEPGTARRANT COUNTY, TEXAS=OFFICIAL PUBLIC RECORDS,O.P.R.T.C.T.TARRANT COUNTY, TEXAS=LEGEND= POINT OF BEGINNINGPOB= IRON ROD FOUNDIRFOWNERJ.D. Design & Developer, LLC2316 Shackleford Trail,Grand Prairie, TX 75052PAGE 1 OF 11" = 30'030151/2" CAPPED IRON ROD SETCIRS"EAGLE SURVEYING"=PRELIMINARYthis document shall not be recordedfor any purpose and shall not beused or viewed or relied upon as afinal survey documentTHIS MINOR PLAT IS APPROVED BY THE CITY OF KENNEDALE,TEXAS VOTED AFFIRMATIVE ON THIS _________ DAY OF_________________, 2022, TO RECOMMEND APPROVAL OF THISPLAT BY CITY COUNCIL.______________________________________CITY MANAGER, CITY OF KENNEDALE______________________________________ATTEST: CITY SECRETARYThis plat is recorded in instrument number _______________, dated __________SITEINTERSTATE HWY 30HWY 287POTOMACPKWYLITTLESCHOOL ROADBOWMAN SPRINGSPENNSYLVANIAAVE