O476CITY OF KENNEDALE
ORDINANCE NO. 476
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 1 ACRE ENCOMPASSING LOT 8R1 BLK 1
TRIANGLE BUSINESS PARK ADDN; FROM "I" INDUSTRIAL
DISTRICT TO "C -1" RESTRICTED COMMERCIAL DISTRICT;
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; 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 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 17, 2011 and by the City Council of the City of Kennedale on
April 14, 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 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:
Approximately I acre, being described as Lot 8111 Blk 1 Triangle Business Park
Addn, Tarrant County, Texas, on the illustration attached hereto as Exhibit "A"
6citysec \counci1\ord\7.oncchg03 - 02(06- 05 -03) Page 1
and incorporated herein for all purposes of this ordinance, is hereby rezoned from
"I" Industrial District to "C -I" Restricted Commercial District.
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.
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.
Page 2
SECTION 8.
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 Ap011.
/Mayor, Bryan Lankhorst
ATTEST: I
City Seer etary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Page 2
INVOICE
Star- Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817) 390 -7761
Federal Tax ID 26- 2674582
Bill To:
CITY OF KENNEDALE
405 MUNICIPAL DR
KENNEDALE, TX 76060 -2249
Customer ID:
CIT33
Invoice Number:
315073431
Invoice Date:
4/5/2011
Terms:
Net due in 21 days
Due Date:
4/30/2011
PO Number:
Order Number:
31507343
Sales Rep:
073
Description:
NOTICE OF PUBLI
Publication Dates:
3/29/2011 - 4/5/2011
7Fi4'e i5 nereoy green ro aaymr:r- '1%%ji rugjtgCltambers 1 62 62 LINE $6.10 $756.44
is Rarties that the City C664cil' wajry kteated at 4 y5- Mil cipal Cdr„
zf th City of 1 Kenriedale Texaswill kennedal T , to receive public
and a gublte hearlag on 9npu r -4.14" the following sub- $10.00
ee � C1 P 11 Ito review,
13C Jects
�ree�iy�orrffn irtS,"and consider a
requestby Anarkali Enterprises,
Inc. for azone change of approxi-
mately 1 acre at Triangle Business
Park Addn Blk 1 Lot 8111 (739 W
Kennedale Pkwy) from "I" Indus-
et Amount: $766.44
trial to 11 Restrjcted Commercial `
2 CABS -f tZ ;1 (I3 'to review,
receive comments and consider S o
action an a request for a change
in zoning from 11 C-1 11 Restricted
Commercial to "C-2 General
Commercial" for approximately 2.5 � 7 � ?
acres located at 716 E Kennedale L.
Pkwy, Kennedale, Tarrant `County _-A
Texas more particularly described
as C A Boaz Subdivision of J B err
Renfro Survey Blk Lot 14114. The
rezoning is requested by See'Ean9
Eng. 3 CASE # PZ 11 -04 to review,
receive comments, and consider 6 �
action on a proposed ordinance m q
vacating and abandoning a portion
of Gilman Road in the City of
Kennedale Tarrant County Texas, such property is
and declaring
County Ta at ERAS rright of way and g a public ® ail �
utinty. mar .f.... P—i m , M h.
Before me, a Notary Public in < particularly aescribea as a u.z55 s day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
acre strip of land in the David
the Star - Telegram, published t Strickland Survey, A -1376, being a Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of ar portion of a tract of land conveyed khe above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
to the City of Kennedale by deed
( 817 ) 215 recorded in volume 10552, Page
1622 Deed Records of Tarrant'
County,` Texas, said strip of land
being used as right -of -way for
Gilman Road. The land is adjacent
to pro erty with physical address
SUBSCRIBED AND SWORN'
1384 Gelman Road. pril 4 , e
Thank You For Your . ayrrient
INVOICE
Star - Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817) 390 -7761
Federal Tax ID 26- 2674582
Bill To:
CITY OF KENNEDALE
405 MUNICIPAL DR
KENNEDALE, TX 76060 -2249
Legal
Misc Fee
I3580 1 30
Customer ID:
CIT33
Invoice Number:
314633931
Invoice Date:
3/2/2011
Terms:
Net due in 21 days
Due Date:
3/31/2011
PO Number:
Order Number:
31463393
Sales Rep:
073
Description:
Legal Notice Notice o
Publication Date:
3/2/2011
Linage '` IV�II
Rate; Am>utat
30 LINE
$6.23 $186.80
$12.00
Net Amount $198.80
THE STATE OF TEXAS
County of Tarrant
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 i n the above named pa on the listed dates: BIDS & LEGAL ` DEPT. S AT R TELEGRAM
(817) 215-2323 Cirri all /1W \s
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday,
Notary
Thank You For Your Payment