O473CITY OF KENNEDALE
ORDINANCE NO. 473
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 2/3 ACRE
ENCOMPASSING JAMES A ARTHUR ADDN LOT 1R2; 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 XI, Section 5, of the Texas Constitution and Chapter 9 of the
Local Government;
WHEREAS, pursuant 4o 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 January 20, 2011 and by the City Council of the City of Kennedale on the 10th
day of February 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 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 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 10" DAY OF FEBRUARY 2011.
LA/Ak6rq�'--
Bryan Lankhorst, Mayor
ATTEST:
A
Amethyst G. Cirmo, City Secretary
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
63/c D4�"
Wayne Olson, City Attorney
Case PZ 11 -01
Legal Description of property
James A Arthur Addition
Blk Lot 1R2
Future Land Use Plan Showing 317 W Kennedale Pkwy
Approximate location of
317 W Kennedale Pkwy
FUTURE LAND USE LEGEND
\AaryLow CanEity Rat ids ntia I
Publit, I Sarnl-Publiti
Late Dancity Residential
Cn mrna rcial I Retail& Offia
Nled;urn Density Residential
, Light Ind utria I
hbnufaclurad Rousing
Industrial
h1jitilamily Riwd[trdW (Apt.)
M 2 "Lands caps BuffarAraa
Rarkt i Open Space