O471ORDINANCE NO. 471
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF KENNEDALE; BY
CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY
WITHIN THE CITY OF KENNEDALE, BEING APPROXIMATELY 0.2 ACRES
OUT OF THE JESSE B RENFRO SURVEY, ABSTRACT 1260, TRACT 3E;
PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO
REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY 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 Xl, Section 5, 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 December 16, 2010 and by the City Council of the City of
Kennedale on the 13th day of January 2011 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 I.
Ordinance No. 40, as amended, the comprehensive zoning ordinance of the City of
Kennedale, is hereby amended to rezone the following property from "C -2" General
Commercial District to that of "C -1" Restricted Commercial District as shown and described
below:
See Exhibit "A" and Exhibit "B"
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 ether 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 Comprehensive Zoning Ordinance and all other applicable and
pertinent ordinances of the City of Kennedale, Texas.
SECTION S.
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 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 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.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this Ordinance shall be fined
no more than Two Thousand Dollars ($2,000.00) for all violations involving zoning and Five
Hundred Dollars ($500.00) for all other offenses, and in addition shall pay all costs and
expenses involved in the case. Each day a violation occurs is a separate offense. Nothing
herein contained shall prevent the City from taking such other lawful action as is necessary
to prevent or remedy any violation.
SECTION 9.
This ordinance shall be in full force and effect from and after its passage and it is so ordained.
PASSED AND APPROVED THIS 13 DAY OF ltijlGc<Y✓t7% 2011.
Bryan Lankhorst, Mayor
ATTEST:
Kelly Tr r, Interifn City Secretary
EFFECTIVE: JCty� i 3" z O l l
APPROVED AS TO FORM AND LEGALITY:
Wayne Olson, City Attorney
INVOICE
Star- Telegram Customer ID: CIT33
400 W. 7TH STREET Invoice Number: 313324411
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 12/2/2010
Federal Tax ID 26- 2674582 Terms:" Net due in 21 days
Due Date: 12/31/2010
Bill To: PO Number:
CITY OF KENNEDALE
405 MUNICIPAL DR Order Number: 31332441
KENNEDALE, TX 76060 -2249 Sales Rep: 073
Description: Legal Notice Notice o
Publication Date: 12/2/2010
LEGAL NOTICE
Notice of Public Hearing
Legal Notice The Kennedale Planning & Zoning 13580 1 34 34 LINE $6.21 $211.04
Commission will hold, a public
hearing for the following case on
Misc Fee Thursday, J3edember 16, 2010 at $10.00
7:00 "P.M. in the City Council
Chambers, located at 405 Municipal !
Drive, Kennedale, Texas 76060. Any
interested person will be allowed
to appear and speak at the public
hearings. The Planning and Zoning Net Amount: $221.04
Commission is a recommending I
body only; the City Council is
authorized to approve or deny the
request.
C ments f and con der a for ��� ® ® ®��1a ®181L 1111! /f ® ®® ® ®��
a zone change of approximately 0.2 ®°a� 'S�`6 ®m NO �j ® �
acres at Tr 3E Abst 1260 Jesse 6 0 \�J , • • ®�
Renfro Survey (100 'E Kennedale �p9X P(7�•4
Pkwy) from C2" General Com-
mercial to "Cr Restricted Com- °C)�
mercial. The zone change isre - �®
quested by Alnasir Dhalla of Lanar,
Inc. c
All interested persons are encqur -,. '
or may furnish written comments
p or t me t p Cit f' ���
aged to attend the public hearing
Kennedale, TX, 75060. Any other � ® ® ®0861i31it891 ® ® ®®
THE STATE ir(formation may be acquired by,.
County
calling (817) 985 -2135.
of
Before me, a Notary Public in and for said County and State, this day personally appeared, Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was published IpAe above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 -2323
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Saturday, Decyfn jej01, 2010.
Notary
Thank You For Your Payment
INVOICE
Star - Telegram
Customer ID:
CIT33
400 W. 7TH STREET
Invoice Number:
313734001
FCRT WORTH, TX 76102
(817) 390 -7761
Invoice Date:
12/30/2010
Federal Tax ID 26- 2674582
Terms:
Net due in 21 days
1 Due Date:
12/31/2010
Bill To:
V °
* 'PO Number:
CITY OF KENNEDALE
405 MUNICIPAL DR
Order Number:
31373400
KENNEDALE, TX 76060 -2249
Sales Rep:
073
Description:
CITY OF KENNED
Publication Date:
12/30/2010
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Cot` De fhuaiapla
eTl
r atr�i+�lagll
sacatibn
Leg al o
CITY OF .PU I3580
��� - ��
1 41 41 LINE
$6.18 $253.46
CITY OF KENNEDALE
NOTICE
OF PUBLIC HEARING(5)
Mise Fee Notice is
hereby given to alt inter -
$ 10 . 00
ested`parties
that the City Council
of the City of Kennedale, Texas will
conduct public hearing(s) on
Thursday, January 13, 2011, at 7:00
PM in the Council Chambers of City'
Hari, ,located at 405 Municipal Dr.,
Kennedale. Tx. to receive public '
Net Am ou nt:
$263.46
THE ST. gbst 1260 Jesse B Renfro7Survey ■ease ®aes ®°
County ( (100 E Kennedale Pkwy) from "C2
General Commercial to "Cl" ! Re-
stricted Commercial. The zone
Before n change Js requested by Ainasir; County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star- Dhalla of Lanar Inc. All citizens are rele ram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and sa
encouraged to attend the hearings 9 tY 9 Y P y
that the to offer public comments or may lent was publis In the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
provide written comments to the A
( 817 21 ricer Carratnru'c (9frp_:405 Mu A r !`
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday,
Notary Publi(
Thank You For Your Payment V