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O496ORDINANCE NO. 496 AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF KENNEDALE; BY AMENDING THE QUIKTRIP PLANNED DEVELOPMENT 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 January 19, 2011 and by the City Council of the City of Kennedale on March 8, 2012, 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: Page 1 of 4 SECTION 1. The QuikTrip Planned Development District is hereby amended so that the District includes the property described below: Approximately 2.6 acres, being described as Oak Crest Addition, Block 4, Lots 1A, 2A, 3A, 4, 5A, 6, and 7, a part of Lot 27, Lot 28A (the Well Lot), and Lot 28, Tarrant County, Texas, on the illustration attached hereto as Exhibit "A" and incorporated herein for all purposes of this ordinance, is hereby rezoned from C -1 Restricted Commercial District to QuikTrip Planned Development District District. SECTION 2. Not withstanding the requirements adopted under Ordinance No. 433 of the City of Kennedale, the following signs shall be allowed in the QuikTrip Planned Development District: a. Pole signs. A maximum of one 1 pole sign, as defined in Section 17- 502 of the City of Kennedale Code of Ordinances, shall be allowed. The pole sign shall not exceed seventy -five (75) feet in height and width at the top of the sign shall not exceed eighteen (18) feet. The pole sign face shall not exceed four hundred ten (410) square feet per face. b. Monument signs. Monument signs, as defined in Section 17502 of the City of Kennedale Code of Ordinances, shall be allowed in the QTPDD and shall conform to all requirements in Ordinance No. 433 except that two (2) monument signs may be installed. Monument signs shall not exceed eighteen (18) feet in height and shall not exceed one hundred thirty five (135) square feet each. Monument signs owned by the City may vary from these requirements. SECTION 3. Parking requirements shall be amended as follows: Parking. Parking areas shall be constructed of reinforced concrete or of equivalent strength concrete and shall have a minimum of 35 parking spaces. SECTION 4. Landscaping requirements shall be amended as follows: Landscaping. Landscaping shall conform substantially to the Concept Plan approved with Ordinance No. 433 and attached thereto as Exhibit B. The use of native or adapted plants is encouraged. Landscaping shall be maintained in good condition a SECTION 5. 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 6. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. SECTION 7. 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 8. 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 9. 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 10. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are 3 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 11. This ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED this 8th day of March. 4 0 1 tt L041W. Ma or, Bryan Lankhorst ATTEST: l k - Aid 6 1/11�) City Secretar ` r KENNF� APPROVED AS TO FORM AND LEGALITY: ���y'• q� City Attorney �'9 coUN��' I'11nn11110 %� 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 N Misc INVOICE Customer ID: Invoice Number: Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: Publication Date: n � \ av `?ii �,'w y . , a I3580 1 60 60 LINE CIT33 319044001 11/29/2011 Net due in 21 days 11/30/2011 31904400 073 Legal Notice Notice o 11/29/2011 RE $6.14 $368.60 $14.00 Net Amount: $382.60 i THE P % e��.4. sir' z s dk y i • �'•.FXPiR • •' Before for approximately 16 acres located Id County and State this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Sta Jop n Rd, and 3196 H wkins Joplin �- Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the Rd, 3 unaddressed parcels on '�ment was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 2 Kennedale Sublett Rd, and 1 un addressed parcel on Hawkins Joplin Kennedale, Tarrant County, Texas, ` �� �� t1✓�.J��l Texas, more particularly described Signed as James R Hawkins Survey A -792 Tr 1, lE 1E 1G, 1H, 1J, 1K, 1L, & SUBS Vera T lyn nl ARE ME, THIS Monday, Dec b 2011. Judith Coker Helms, Donald Coker, Martin & Maria Guevara, and James MCDufff. Notary Public All interested persons are encour- aged to appear and may speak at INVOICE R J 11 2011 Star- Telegram Customer ID: CIT33 808 Thro _:morton St. Invoice Number: 319395871 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date 12/23/2011 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 12/31/2011 Bill To: PO Number: CITY OF KENNEDALE 405 MUNICIPAL DR Order Number 31939587 KENNEDALE, TX 76060 -2249 Sales Rep: 073 Description: Legal Notice Notice o Publication Date: 12/23/2011 ; a r aO .^ Legal Notice Notice of Public 13580 1 73 73 LINE $6.13 $447.38 Misc Fee i $12.00 Net Amount: $459.38 ``��' o r <� ► t a t u u i i���� f L • N OF.� vo FXPtRES.� THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County, and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was publishe 'n the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 Rinnarl SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, J$uajr 0jy, 2012. Notary Thank You For Your Payment INVOICE Star - Telegram 808 Throckmorton St. 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: 320096041 Invoice Date: 2/27/2012 Terms: Net due in 21 days Due Date: 2/29/2012 PO Number: Order Number: 32009604 Sales Rep: 073 Description: City of Kennedale No Publication Date: 2/27/2012 Lmage ; KILT Rate Arnculnt 1 60 60 LINE $6.14 $368.60 $12.00 Net Amount: $380.60 R1 r said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say rtisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM Sio RE ME, THIS Thursda Notary Publi Thank You For Your Payment Remit To: Star- Telegram Customer ID: CIT33 P.O. BOX 901051 ` Customer Name: CITY OF KENNEDALE FORT WORTH, TX 76101 -2051 Invoice Number: 320096041 Invoice Amount: $380.60 PO Number: Amount Enclosed: