O400ORDINANCE NO. 400
AN ORDINANCE AMENDING ORDINANCE NO. 40, THE ZONING
ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, AS AMENDED,
BY AMENDING THE AUTHORITY OF THE PLANNING AND ZONING
COMMISSION AND THE CITY COUNCIL TO ALL THE
CONSIDERATION OF DIFFERENT ZONING CLASSIFICATIONS WHEN
REVIEWING A ZONING APPLICATION; PROVIDING FOR NOTICE
FOR PUBLIC HEARINGS ON ZONING AMENDMENTS; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR PUBLICATION IN PAMPHLET FORM; 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 of Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City of Kennedale heretofore adopted Ordinance No. 40 as the
Comprehensive Zoning Ordinance of the City of Kennedale, providing for the regulation
of land uses within the city limits; and
WHEREAS, the City Council deems it necessary and in the best interest of the
pubic health, safety and welfare to provide the Planning and Zoning Commission and
the City Council with greater flexibility when evaluating zoning applications.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1.
Section 17-429 of the Kennedale Zoning Ordinance is hereby amended to read
as follows:
Sec. 17-429. Amendments.
(a) General. The zoning regulations, restrictions and boundaries may
from time to time be amended, supplemented, changed, modified or
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repealed. An amendment to this article may be initiated at the request of
the owner or his or her agent, the city manager, the planning and zoning
commission, or the city council on its own motion when it finds that the
public may benefit from the consideration of such matter.
(b) Procedure. All requests for amendments to zoning district
boundaries shall be submitted, together with required fees, to the city
manager or his or her designated administrative official, who shall cause
notices to be sent and the petition or application placed on the planning
and zoning commission agenda. Requests for changes in zoning districts
shall include the proposed designation or designations for the area
concerned. Alternative proposals may be made at the time of filing the
original request for amendment, however all hearings and deliberations
shall be limited to the request as submitted by the applicant at the time of
original filing.
(c) Posting sign. The city manager, or his or her designated
administrative official, shall have at least one (1) sign erected on the
property to be rezoned which sign shall have a total area of at least four
(4) square feet. This sign shall, if possible, be located adjacent to a street
and in a conspicuous place. The sign shall be erected on or before the
first date of the first notice to property owners and shall be removed
immediately after final action by the city council or when the applicant
withdraws the request, whichever comes first. The sign shall state that a
zoning change has been requested on that particular property and the
telephone number of the city offices from where dates of public hearings
and more information about the zoning request may be obtained. The
erection or continued maintenance of sign shall not be deemed a condition
precedent to the granting of any zoning change or holding of any public
hearing.
(d) Hearings and notices. Any supplement or change to the
boundaries of the districts or the regulations herein established shall only
be effective upon the adoption of an ordinance by the city council after
receiving a report thereon from the planning and zoning commission. A
public hearing on such amendment, supplement, or change shall be held
by both the planning and zoning commission and the city council. Written
notice of the public hearing before the planning and zoning commission
shall be sent to the applicant and all other persons who are owners of real
property lying within two hundred (200) feet of the property on which the
zoning request is made. Such notice shall be given more than ten (10)
days before the date set for hearing to all such owners who have rendered
their property for city taxes as the ownership appears on the last city tax
roll. Such notice may be given by depositing the same properly addressed
and postage paid in the United States post office. Notice of the public
hearing before the city council shall be given by publication one (1) time in
the official newspaper of the city, stating the time and place of such
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hearing, which time shall be more than fifteen (15) days from the date of
publication. Publication of such change shall be accomplished by
publishing a descriptive statement of the proposed change.
(e) Planning and zoning commission consideration and report. The
planning and zoning commission, after conducting a hearing on a zoning
request, shall report its recommendations on the zoning request to the city
council for their consideration. The planning and zoning commission may
recommend favorable approval of the request or that the request be
denied, with or without prejudice. The recommendation of the planning
and zoning commission shall automatically be forwarded to the city council
for public hearing and consideration. When the planning and zoning
commission recommends that the proposal should be denied, it shall
report the same to the city council and the applicant. Furthermore,
notwithstanding any provision to the contrary, the planning and zoning
commission in considering a rezoning application shall have the authority
to consider and recommend approval of any zoning classification set forth
in the Zoning Ordinance having a lesser intensity and being more
restrictive than the zoning designation requested by the applicant.
(f) Application not to be considered for ninety (90) days after denial of
request for rezoning. No application for rezoning shall be considered
within ninety (90) days of denial of a request by the city council for the
same classification on the same property.
(g) Protesf against change. In case of a protest against such change
signed by the owners of twenty (20) percent or more either of the land
included in such proposed change, or of the land within two hundred (200)
feet thereof, such amendment shall not become effective except by the
favorable vote of three-quarters (3/4) of all members of the city council.
(h) Action on application. The proponent of any zoning change shall
satisfy the city council that either the general welfare of the portion of the
city affected by the area to be changed will be enhanced, or that the
property is unusable for the purposes allowed under existing zoning. If
such is proved to the council's satisfaction, it may grant the requested
zoning change; or it may change the zoning designation on a portion of
such property; or it may initiate a request to consider changing all or a
portion of such property to a district other than that requested and of a
different character. Furthermore, not withstanding any provision to the
contrary, the City Council acting on the recommendation of the Planning
and Zoning Commission or on its own initiative, in considering a rezoning
application may consider and approve any zoning classification set forth in
the City's adopted Zoning Ordinance having a lesser intensity and being
more restrictive than the zoning designation requested by the applicant.
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(i) Site plan and supporting documents required; petition for zoning
districf change, conditional use permit or special exception. When, in the
opinion of the city manager or his or her designated administrative official,
the planning and zoning commission, the city council, or the board of
adjustment, greater information is required from the applicant concerning
the nature, extent and impact of his or her request than supplied with his
or her application for a change in zoning, variance, conditional use permit
or special exception, in order to properly review and evaluate all relevant
factors thereof, the applicant may be required to submit a site plan and/or
supporting documents conforming with all or a portion of the requirements
set forth in this section, prior to a decision being rendered thereon. The
applicant is encouraged to meet with the city manager or his or her
designated administrative official in an informal work session to ascertain
the exact extent of plans and documents required, if any, prior to the city
initiating the advertisement for public hearing on the application. The
general type and extent of plans and supporting documents which may be
required of the applicant include, but are not necessarily limited to:
(1) Site plan. Meeting all of the requirements of a "preliminary
plat," as described in the city's subdivision regulations, except that
topographic and drainage map information provisions may be
waived by the reviewing body when the inclusion of such data
would not materially contribute to the necessary evaluation of the
project's scope. Additional site plan drawing information which the
reviewing body may require includes:
a. Existing and proposed zoning district;
b. A tabular summary schedule indicating:
1. The gross acreage and percent of each type of
zoning category proposed;
2. The gross acreage and percent of each type of
land use proposed, with streets and open space
categories listed separately, and residential uses further
stratified as to type, i.e., single-family, two-family, multi-
family, townhouse, etc., including the total gross project
acreage;
3. The gross residential density of each type of
residential land use proposed, expressed in dwelling
units per acre; and based on net residential land use
plus one-half (1/2) of any abutting street only;
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4. The quantitative number of dwelling units
proposed for each residential dwelling type, i.e., single-
family, two-family, etc.; and
5. Proposed maximum lot coverage by building
and land use types, i.e., "AG," "R-1 ," "R-2," "R-3,"
"OT," "D," "MF," "C-0," "C-1," "C-2," and "I" expressed
in terms of percent or floor area ratio of the lot or site;
c. General outline of extensive tree cover areas;
d. Drainageways and one-hundred-year floodplain limits;
e. Proposed treatment for screening the perimeter of the
land embraced by the application, including screening of
internal separations of land uses, where required;
f. Proposed internal non-vehicular circulation linkages,
such as: pedestrian paths and hike trails; bike trails; and
equestrian bridle paths, where applicable, including their
interrelationships with vehicular circulation systems and
proposed handling of points of conflict; and
(2) Architectural drawings. Elevations, concept sketches, or
renderings depicting building types and other significant proposed
improvements, including the treatment and use of open spaces,
etc., where the submission of such drawings would more clearly
portray the nature and character of the applicant's land use and
development proposals; and
(3) Written documents. In narrative form on eight and one-half-
inch by eleven-inch sheets, including:
a. Statement(s) on planning objectives to be achieved in
the proposed use/development of the property, including a
narrative description of the character of the proposed
development and rationale behind the assumptions and
choices made by the applicant, including use and ownership of
open spaces, etc.;
b. Legal description of the total site area proposed for
rezoning, development, or conditional use permit;
c. A development schedule indicating the approximate
date(s) when construction of the proposed development, and
subsequent stages or phases thereof, if any, can be expected
to begin and be completed, to the best of the applicant's
knowledge and belief;
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d. A statement as to the present and proposed ownership
of the site or parcels thereof embraced by the application;
e. Economic feasibility and/or market analysis studies,
when deemed necessary by the reviewing body to adequately
assess the necessity for zoning certain parcels to the sizes
indicated by the applicant, or to evaluate the need for granting
a conditional use permit;
f. Environmental assessment statement, prepared
pursuant to the National Environmental Policy Act of 1969,
and any subsequent amendments thereto, when deemed
necessary by the reviewing body to properly assess the
impact of the proposed development/land use on the existing
environment;
g. Statement(s) as to how and when the applicant
proposes to provide water and sewer to the development; and
h. At the conclusion of the written documents, a
certification that the information presented in the plans and
supporting documents reflects a reasonably accurate portrayal
of the general nature and character of the proposal, with the
signature and title of the applicant and the date of the
application.
SECTION 2.
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.
SECTION 3.
tt 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,
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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 4.
The City Secretary of the City of Kennedale is hereby authorized to publish this
ordinance in book or pamphlet form for general distribution among the public, and the
operative provisions of this ordinance as so published shall be admissible in evidence in
all courts without further proof than the production thereof.
SECTION 5.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 20T" DAY OF MAY, 2008.
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cs°';' :~~~a- ATTEST:
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.~'`~~TGC~ti~~~,~;'`, CITY SECR ARY
APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY
DATE: S- ~-I V y K
ADOPTED: ~ Zd • D~
EFFECTIVE: ~- 3a
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