O393 (DENIED)CITY OF KENNEDALE
ORDINANCE N0. 393
AN ORDINANCE AMENDING ORDINANCE 40, AS AMENDED,
THE COMPREHENSIVE ZONING ORD N OF THE CITY OF
KENNEDALE; BY CHANGING T Z G CLASSIFICATION OF
CERTAIN PROPERTIES WITHIN E Y OF NEDALE, BEING
APPROXIMATELY 23.84 S NCOMPAS LOT 3A, A.C.
BOLEN ADDITION; ABST T 1376, T A06 AND 13A09,
DAVID STRICKLAN R Y; AND TS lA THRU 4A,
5A2, AND 1 R , SWINEY ITY OF KENNEDALE,
TARRANT TY, TEXAS• PR FOR THE AMENDMENT
OF THE OF L ZON REFLECT SUCH CHANGES;
PROVIDING HAT TH CE SHALL BE CUMULATIVE OF
ALL ORDINANC ; P G A SAVINGS CLAUSE; PROVIDING
A SEVERABILIT IjA E; AND PROVIDING AN EFFECTIVE DATE.
WHEREA t ~i~y of Kennedale,. Texas is a home rule city acting under its charter
adopted by the elect e pursuant to Article XI, Section S, of the Texas Constitution and Chapter
9 of the Local Government;
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 on March 20, 2008 and by the City Council of the City of Kennedale on
the 10th day of April 2008, 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 of Kennedale, Texas does hereby deem it advisable and in the
public interest to amend Ordinance No. 40, as amended, as described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS:
SECTION 1.
Ordinance No. 40, 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:
c:lkturnerlcouncillordlzonechg08-01(04-04-08) Page 1 of 18
Approximately 23.84 acres, being comprised of Lot 3A, A.C. Bolen. Addition; Abstract 1376,
Tracts 13A06 and 13A09, David Strickland Survey; and Block 2, Lots 1 A thru 4A, SA2, and 1 B 1
thru SB 1, Swiney Estates, City of Kennedale, Tarrant County, Texas, and more particularly
described on Exhibit "A" attached hereto.
The property is hereby rezoned from "AG" Agriculture and "R-1" Single Family Residential
District to "PD-C-1"Planned Development District subject to the following conditions:
I. All Development Standards in the C-1 Zoning District shall apply; and
2. The use of the property shall be limited to one administrative office building
and two rehabilitation program related buildings for use by Volunteers of
America; and
3. The existing water line will be sufficient for the administrative office
building; however, a water line meeting projected fire-flow must be
constructed prior to the granting of a certificate of occupancy for one or both
rehabilitation program buildings. The water line will be extended under the
City of Kennedale water line extension policy with the City paying 60% of
the project (water line construction, engineering design, easements, and
inspection) cost and VOA paying 40%; and
4. Approved fencing shall be provided to prevent children from exiting the
property to the South with a gate and to prevent children from exiting the
property to the North; and
5. Construction on the administrative building must be initiated within two (2)
years of April 10, 2008; and
6. A Site Plan must be submitted to and approved by City Staff prior to the
issuance of a building permit; and
7. VOA will convey approximately 13 acres (the land that lies in the FEMA
designated flood way) to a land bank designated by the City for the benefit of
the City; and
8. The Landscaping Standards set forth in Exhibit "B" attached hereto shall be
met.
SECTION 2.
The zoning districts and boundaries as herein established have been made in accordance
with the comprehensive plan for the purpose of promoting the health, safety, morals, and general
welfare of the community. They have been designed to lessen congestion in the streets, to secure
safety from fire, panic, flood and other dangers, to provide adequate light and air, to prevent
overcrowding of land, to avoid undue concentration of population, to facilitate the adequate
provisions of transportation, water, sewerage, parks and other public requirements. They have
been made after a full and complete hearing with reasonable consideration among other things of
the character of the district and its peculiar suitability for the particular uses allowed and with a
view of conserving the value of the buildings and encouraging the most appropriate use of land
throughout the community.
c:lkturnerlcouncillordlzonechg08-01(04-04-08) Page 2 of 18
'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 Comprehensive Zoning Ordinance and all other applicable and
pertinent ordinances of the C ity of Kennedale, Texas.
SECTION 5.
This Ordinance shall be cumulative of Ordinance No. 40, as amended, and all other
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
indirect 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 Ordinance No. 40 or of any amendments thereto that have accrued at the time of
the effective date of this Ordinance and as to such accrued violations and all pending litigation,
both civil and criminal, same shall not be affected by this Ordinance but may be prosecuted until
final disposition by the Courts.
SECTION 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 unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance,
since the same would have been enacted by the City Council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 8.
This ordinance shall be in full force and effect from and after its passage and it is so
ordained.
c:lkturnerlcouncillordlzonechg08-01(04-04.08) Page 3 of 18
PASSED AND APPROVED this 10~' day of Aril 2008.
Mayor, Bryan Lankhorst
ATTEST:
Kathy Turner, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Wayne K. Olson, City Attorney
c:lkturnerlcouncillordlzonechg08-01(04-04.08) Page 4 of 18
Exhibit "A
c:lkturnerlcouncillordlzonechg08-01(04-04-08) Page 5 of 18
PE'fIT10N FOR
CHANGE OF ZONING CLASSIFICATION
ZONING CASE #
DATE:
City CQUncal
City of #Cennedaie
~ennedale, Te~cas 764fio
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCit,:
reb res cifull req~~ested ~ ~ppr~ve the fol~o~ring reQuest #or a change of zoning
You are he y Pe Y
classifcativn.
chap a the zanin ciassificatian a# the property desoribed ~n Exhibit "A~ attached, ~rorn it's
To
9 n ~ x. to that of ~ ~
current zon~nq class~ficat~on of ~~ ~ )
~a~a t ~ in ~'s entirety es shown on exhibit "B~ attached. The property totals
Some TRH' ~°'~ aCrE'.S.
Legal Descrip#ion is
s~ ~~~~ c
Present use of tl~e property is ~"~ Re~ae~ i ~'- ~
Address of the property is s~ Sxhibll c -
Propertjr Owner's Name;
Address:
Telephone Nu~t~er;
Applicant's Name:
Address:
T e~ephQne Number:
Sue Exhibit G
Yol~mtee~ cif Am~c:e Tex (l~tnnty (`,ernentACa
14Z~ Street ,~,,,_„_,_.,.,_.~,._ ._._......_.._ . _ .__ .__
Port Wctttt. ~oCas 79101
THIS lS TQ CERTIFY Ti~lAi' Jerry xaa~re ~, c~,r~ . ~ ~t awc~» ask 1S Tl-lE SOt.I~
QWNER~S} OF THE PROPERTY DESCRIBED IN EXHIBIT ~A~ AND DEPICTED iN EXHiBiT
"B~, ~N THE DATE ~~ Ti`f~S APPLiCAT~ON.
n -~
~ ner Sign~ure
Jarcy Mdlnra alai
.r S~gnatt~
Floit Bu~ar-e dmrk
1Rrry ldcfxt~ mil, Gharla~ 1~tcClura ate! T~dt ~SUnene Clark ...
see Sx~dMt C .~..,._......_..._
see gx~t c
t
_ ~f
i~ ~~«
Page 6 of 18
Feb 06 08 Q?:57a fader Cammercia~ B1?w~~7~-8881
Letter of Authorization
~r
The undersigned beEng the current owners of praperNes with legal descriptions of
AC $olen Addition, Biodc ~t 3A, ?.35 acres, laavid Stclckiand Survey, A137~, Tracts 13A06 & 13A09,14.21 acres
and Swiney Estates, Block 2r dots 1A thru 4A, SA7, lots iB1 thru 581, 2.38 acres (praperties~.
1Nhereas fihe owners has entered into a contract for the sale of the properties tp Volunteers of America T~cas
Development Corporation, Inc. (guyerj.
The Contract is condifiiona[ on the approval of zoning and Preliminary Plat from the City of Kennedale.
`she application for the ~dning and Preliminary Ptat bath require written authorization from the owners to
proceed.
Therefore #or the purpose of acquiring the needed authorisations and perfnfts as a tond'~tion of the contract t#~e
Owners hereby grant authorization for the Buyer to submit such. farms and documents as necessary in the
fulfillment of scrch appl'~cations and ~ermifis.
Agreed and Accepted By:
S'~gnature ~ ~ Signature ~ C
~e McC1 re, alai X~C~ ~'ej~ Charles McClure
'~
Date ~ ~ C~ C' ~ Gate
K!M PRINCE
Notary,; NOTARY PUBLIC
county of ~.... ~'- ~`~:~ .. ~,.`,.~_ STATE OF COLC~ADO
~ , My commission Expires 511612011
State of C~
ferry McClure and Charles McClure personally appeared known as
Signature ____~~.___ ,~,..
Nat Eugene Clark
Gate 1 ~ ~ '' o Y
NotBry~ .r-
County of
State of ~,._,
~~ Y n .,:wi-f~~
~ ~t~ ~~, AMY TODD
~ ~ * Notary Public
~ STATE OF TEXAS
`'~~~.~, ~~' My Comm. Exp. 04-17-2008
Holt Eugene Clack persahailY appeared known as
V v~
Page 7 of 18
Property #1 AC Bolen Addition, Block Lot 3A, 7.25 acres
Owner: Jerry McClure etal
12443 W. Green Mountain Circle
Lakewood, CO.80228
303-763-8321 Phone/Fax
Property #2 David Strickland Survey, A13T6, Tract 13A06, 9.00 acres
Owner: Charles H McClure
12443 W. Green Mountain Circle
Lakewood, CO.80228
Property #3 Davis Strickland Survey, A1376, Tract 13A09, 5.21 acres
Owner: Hoit Eugene Clark
1453 Joyce Rd.
Kaufman, TX, 75142
Property #4 Swiney Estates, Block 2, Lots 1A thru 4A ~ 5A2,1.38 acres
Owner: Hoit Eugene Clark
1453 Joyce Rd.
Kaufman, TX. 75142
Property #5 Swiney Estates, Block 2, Lots 1 B1 thru 5B1,1.OOacres
Owner: Hoit Eugene Clark
1453 Joyce Rd.
Kaufman, TX. 75142
(Please reference ownership and property numbers with next map)
Page 8 of 18
t
~'
. ~ ~-
.r ~F
• ~ ~ ~' P #I
~ ,
~~ ,~~" Jerry 1VICCIU~rG
~ ~ ~ ~•
~¢ ~~ ~ ~ w
.~
a ,r ~I'~ ~ ` ~ ,
~~, , ~ t
~.
. , ' Property #2
' Charles H. McClure '~,
• 9.00 Acres
~ ~ ,
~~
: ~ ..
•`~.1~ •
. ~ FtTOpe~l@S
~ ~ Froperty #3 #4 #5
Ho~it Eugene Clark Holt Euge Clark
a.21 Acres
a~
1.38 Ac. 1.00 Ac. , .
1~ ~ , ~
. ;
,.
~~-
~,~ ~
i
. ~
~'
;1~~ ~,
~~
i ~ ~,
>a
~~~
~._..
k ".." S ~-, _.,.
~T~ ~tf" * r~ ''' 11 ~~ ~ tl t
a ~ ~ tft t~
r a }~
'~ t~ ~ 7R tab
~~ ~ ~ ~~
a, ~~ ~ ~ ~ ~
~, ~ ~~ ~
' ~.. .._ ~ 9tP ~~~ - 1DtfE 6C 33 AG ~
~. ~ ~~
~~ ~ '
~3t ~2~ ~ ~
t ~ nt ~
~t1~' ~ • tR 3f ~ S.~ ~ ~'' 3~1 ~ ~ r ~ I
~~ ~
~~ s ~ ..~ ~
r r y,........, ~.....
1R 3ficty 1 ~ ~+~ ~- ~ ~
Page 9 of 18
~ti~ s~~~~~en~ ~~ ~~ ~f~rii~ ~h~ ~r~~~~ a~~r~rs~ip end ~~~~~s~~ ~~~~~~~ ~~~ 24. s ~ ~~~;~~ ~~~~~
~a~a~e~ i~~ ~ ~~rr:~t~~~~,'~~~~,~s i~~~ ~~~ ~I~in~ a~~ ~~~~rip~tii~~s.
Present Ownership:
~~erry ~c~i~r~, ~~~i 7.~~ acres A~ B~i~~ Ad~~i~~r, ~i~G~~ ~~~ 3~
C~arie~ ~c~E~ar~ 9.~~ acres ~a~~d S~r~C~~r~r~ Surrey! A~~~~~, ~g~~ ~~A-~
~a~ ~~~~~e C~ar~ 5,2~ a~t•es ~a~s~ ~~ric~ci~~d ~~r~~,1~~.~`~'~~ Trek; i~~ag
~~I~ ~s~~e~e ~a- ~ ~..~~ er~e~~ ~~~ne~ ~~-~s, ~~a ~, i.a~~ 1i~ ~:~cr~; ~~, ~A~
h~oi~ ~u~e~~e C~ar~ ~., acres ~~iney ~s~ac~s, B~oc;f 2, lobs s~~ t~r~ SBA
Proposed Ownership of All Properties:
~a~~n'~~~rs ~~ ~~~~~ica ~~~as ~t~elC~~-~~~` ~arpv~~~~c~~, ircc, ~'~~,~~~ a~~•~s
Page 10 of 18
Zoning Classifications
Present Zoning: "AG" Agricultural and "R1" Residential
Proposed Zoning: "PD" Planned Development (Office and Social Program Bldgs)
Ail Flood area will be open space
Acreage Information
Total Gross Acreage: 24.860 acres
Total Development Acreage: Approx. 7 acres
Total Flood Area: Approx. 17.86 acres
Gross Acreage to "PD": 100%
Page 11 of 18
~ F7
f
,,
r
4
i
r
,~
r
f,
~,
ISM 4 ..~ , ,
20 to ~~~
Page 12 of 18
Ezhibit "B"
Landscaping Standards
Page 13 of 18
LANDSCAPE STANDARDS
(1) Landscaping requirements. Landscaping shall be required qn the
pro~rty in accordance w~h the terms and provisions set forth below.
(2) implementation and application of landscape requireements.
a. The following shall be required prior to the issuance of a certificate
of occupancy for any structure on the property:
1. A scaled landscape plan shall be submitted to the building
official. The plan shall comply with the provisions of these standards and shall indicate
all landscaping features to meet the minimum #urf andlor screening requirements. If
there are no landscaping requirements to be fu~illed other than the requirement for turf,
the landscape plan shall be waived.
2. Alf required landscaping shall be in place prior to the
issuance of a certificate of occupancy unless the building official determines that
weather or seasonal conditions warrant delay, in which case a reasonable time for the
delay will be allowed.
b. Existing concrete drive areas are not required to comply with the
landscaping requirements until all or part of the concrete is replaced.
(3) Landscaping requirements. All landscaping required or permitted by
these standards shall comply with the following provisions:
a. Required Landscape Area ~ Ten percent (10°~) of the total land
area in any proposed, developmen# shall be landscaped. For every 500 square feet of
required landscape area, or fraction #hereof, one Street tree from Table B below of three
inch caliper or larger is required. Landscaping shall be located on the site such that at
least fifty percent (50%) of the total required landscape area and landscape vegetation
shall be located between the front property line and the building(s) being constructed.
The remaining required landscaping may be located throughout the site.
b. Street trees and parking Cot trees are in addition to the total
landscape requirements. Trees may NOT be planted beneath utility lines.
c. Up to 50°~ of the required number of trees may be replaced by
five gallon shrubs at the rate of one tree equals 10 shrubs. Existing trees of three inch
caliper or greater (measured at a height of one (1) foot above the ground) may be
substituted for required landscaping trees, on a one tree for one tree basis. There shall
be no adjustment for existing trees having a caliper of more than three inches.
d. In addition to the landscape requirement set forth above, there
shall be provided along all street frontages Street trees as listed in Table B below,
planted at the rate of one (1) tree for every 50 linear feet or fraction thereof, of street
frontage as measured at the property line. Street trees shall be planted a minimum of 25
linear feet apart and a maximum of 50 linear feet apart. Comer and Double-Frontage lots
Page 14 of 18
shall provide for street trees along all street frontages in the same manner as set forth
herein.
e. A minimum landscape setback of ten (10) feet from the nearest
right-of~way line shall be required. However, this landscape setback may be reduced to
seven (7) feet, six (6) inches if:
1. Either a row of large screening shrubs (at least five-gallon
containers) with a required maximum spacing of four (4) feet on center, or small
screening shrubs {at least one-gallon containers) with a required maximum spacing of
two (2) feet on center is planted within the landscape setback; or
2. A three-foot, high masonry unit wall is built along the
landscape setback to screen the parking facilities. This wall shall be measured vertically
from the finished grade of the parking surface nearest to the wall.
f. No parking facility shall be permitted within any landscape setback
except as provided below:
1. Where a decelerationJacceleration lane and transition area
are dedicated, a parking facility may encroach into the required landscape setback area
abutting such land and transition area, provided that no parking facility shall be located
within five (5) feet of the nearest right-of-way line.
2. Nothing herein provided shall be construed as permitting
any obstruction to view which may constitute a traffic hazard upon any public street. It
shall be unlawful for any person, owner, or business to erect or place or cause to be
erected or placed on any property under his possession or control any hedge, plant,
tree, shrub, or other growth or any fence, wall, or other structure in such a manner or at
such location as to constitute an obstruction to view creating a traffic hazard. on
comers, when doubts may exist regarding site obstructions, approval of the city engineer
will be required. All landscaping shall comply with these visibility requirements.
g. No landscape setback shall be covered with any impervious
surface, permeable pavers, gravel, or other paving materials except for those limited
areas to be used for driveways or accessways for ingress and egress to the property.
h. At a minimum, turf shall be placed and maintained in all landscape
setback areas unless otherwise specified in these standards.
i. The property owner shall regularly mow, irrigate, fertilize, prune,
replace, and care for all planting located in the landscape setback areas. The property
owner shall also ensure that landscaping is maintained in a healthy growing condition.
(4) Information regarding landscape plants.
a, Ground covers. The following list of ground covers and any other
ground covers which are demonstrated to be drought resistant and provide a dente
covering are recommended in all landscape setbacks.
Page 15 of 18
TABLE INSET:
Common Name otanical Name
reeping Liriope iriope Spicata
uonymous uonymous Fortunie Kewenis
urple Leaf Honeysuckle onicera Japonica Halliana
sian Jasmine rachelosspennum Asiaticum
hinese Juniper uniperus Chinesis Sargentii
hore Juniper uniperus Conferta
amarix Juniper uniperus Sabina
an#olina antolina Chamaecyparisus
antolina Virens
Inca Inca Major
ondograss phiopogon Japonicus
b. Street trees. The street trees named below and any other street
tree which, when mature will attain a minimum height of twenty (20} feet and asix-inch
caliper, which can be demonstrated to be drought resistant and possess compact root
systems posing minimum danger to the integrity of public utilities are recommended in all
landscape setbacks.
TABLE B
Common Name otanical Name
humard Red Oak uercus Shumardii
exas Red Oak uercus Exana
ive Oak uercus Virginian
ur Oak uercus Macrocarpa
edar Elm Imus Crassifolia
ald Cypress axodiurn Distichum
and Cypress axodiurn Distichum
var. Nutans}
ecan Carya Illinoionenses
istachio istachio Chinensis
acebark Elm Imus Paryifolia
c. Flowering and ornamental trees. The fallowing list of flowers and
ornamental trees and any other flowering or ornamental trees which are demonstrated to
~ draught resistant and possess compact root systems posing minimum danger to the
integrity of public utilities are recommended in all landscape setbacks.
TABLE C
Page 16 of 18
Common Name otanical Name
reps Myrtle acterstroemia Indira
radford Pear yrus Calleryana Bradford
exican Plum runus Mexicana
eciduous Holly Ilex Dedicua
edbud-Oklahoma ercis Canadensis Oklahoma
apanese Black Pine inus Thunbergiana
ustrian Pine Pinus Nigra
esert Willow hilopsis Linearis
its Saucer Magnolia agnolia Heptapeta
fgan Pine inus Eldarica
d. Tree. A tree is a woody single or multiple trunk stern which, at
maturity, will obtain a minimum four-inch caliper.
e. Tree caliper. The tree caliper of any tree shall be determined by
measuring the trunk caliper (diameter} twelve (12) inches from existing grade.
(5) Parking Lot Location and Screening Requirements.
In addition to all other landscape requirements provided by these standards, ali
parking lots and areas shall be designed and landscaped in accordance with the
following provisions:
a. All parking or drive areas shall be located a minimum of twenty-.
five (25) feet from right of way lines along public streets. The area inside, thetwenty-five
25}foot parking setback shall be credited towards the landscaping requirement.
(
b. All parking located within 50' of the front property line or 60' from
the edge of street pavement, whichever is less, shall be screened from public rights-of-
way using a solid screen in the landscape strip. The screen shall be at least thirty six
(36) inches in height, located within 5' of the edge of the parking surface and be
achieved through one of the following methods:
1. A berm;
2. A planting screen (hedge};
3. A wall, using masonry materials similar to those used
in the main building facade; or
4. A combination of the above.
(6) lntemal Parking Lot landscaping Standards. Landscaped areas in a
parking lot shall be provided in accordance with the following requirements.
a. One tree shall be provided for each 20 parking spaces in all non-
residential developments, however, no car parking space shall be located greater than
10o feet from the center of a tree. Trees shall be a minimum of three inch caliper
measured one foot from the ground and planted within a planting island with a minimum
Page 17 of 18
dimension of five .feet in wid#h. The tree-planting island must be further planted with a
ground cover, grass, or shrubs and may be counted toward the total required square
footage of required landscaping.
b. Parking areas shall be screened along all streets by a minimum
three foot high solid shrub hedges when mature), berm, fence, or combination of these.
The height shall be measured from the finished grade of the parking lot.
(7) Vehicle Protection. All required landscape areas, planters, walls, andlor
fences adjacent to vehicle use areas shall be protected by wheel stops, curbs, or other
physical barriers. In no instance shall a parking area be designed so as to permit the
encroachment or overhang of a vehicle beyond the required setback line set out in
subsection 5 above.
Vehicle Protection
<NOTE: The following issues are not addressed by these standards:
• Preparatign of i~andscape plans by a Registered Professional
• Tree Credits /Preservation
• Irrigation & Maintenance>
Page 18 of 18