O224CITY OF KENNEDALE
ORDINANCE N0.224
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
KENNEDALE; BY CHANGING THE ZONING CLASSIFICATION OF
CERTAIN PROPERTIES WITHIN THE CITY OF KENNEDALE, BEING
APPROXIMATELY 2.6 ACRES ENCOMPASSING TRACTS 53F1, 53F2,
53P, 53Q, 53F and 53L, ABSTRACT 1375, SHELBY COUNTY SCHOOL
LAND SURVEY; FROM "C-2" GENERAL COMMERCIAL DISTRICT
TO "R-3" SINGLE FAMILY RESIDENTIAL 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 September 20, 2001 and by the City Council of the City of Kennedale
on the 11th day of October, 2001, 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:
c:\citysec\council\ord\zonechg(10-OS-01) Page 1
Approximately 2.6 acres, more particularly described as Tracts 53F1, 53F2, 53P, 53Q,
53F and 53L, Abstract 1375, Shelby County School Land Survey, Tarrant County, Texas, and
more particularly described on Exhibit "A" attached hereto and incorporated herein for all
purposes of this ordinance, is hereby rezoned from "C-2" General Commercial District to "R-3"
Single Family Residential 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.
c:\citysec\council\ord\zonechg(10-OS-01) Page 2
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.
This ordinance shall be in full force and effect from and after its passage and it is so
ordained.
••.••••~F KENj~~AJSSED AND APPROVED this 11th day of October 2001.
`; ~y ..............09,;
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-~ ' Mayor, Mar S. Wrig
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APPROVED AS TO FORM AND LEGALITY:
City Attorney
c:\citysec\council\ord\zonechg(10-OS-O1) Page 3
1~
PETITION FOR
CHANGE OF ZONING CLASSIFICATION
ZONING CASE ~ ~-' ~Z-
DATE:
City Council
City of Kennedale
Kennedale, Texas 76060
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL:
You are hereby respectfully requested to approve the following request for a change of Zoning
classification.
To change the Zoning classification of the property described on Exhibit "A" attached, from it's
current Zoning classification of "C o1" (C o w-v+~e r`c ~ a ~ ) to that of "R3"
Re s'tde~ntio-l) in it's entirety as shown on Exhibit "B" attached. The property totals some
~$Q_ acres.
Present use of the property is r eS~c~eK~' iat~ s~t+ns~e
~.}crs ~f.1, s3~2, 53~,~*+cS3Q eFA-/37S
Property Owner's Name: ~~ -t~ ~a • ~~ too nn w- ~
Address: 5 LLB S. Dic,~ PM:~e Ron..
~c P~~,.,1,.1e_'T'~c. 'tleolno
Telephone No: R 1?- 418 -~ 8 K Kq
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Applicant's Name: ~,
Address: 1
Telephone No: 8 -~ N 732.. 8 K ~1 q
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THIS IS TO CERTIFY THAT $,,,~sqn Jvic.Ino1S ~ Vie.ki L,.a,v~nb
OWNER(S) OF THE PROPERTY DESCRIBED IN EXHIBIT "A" AND
EXHIBIT "B", ON THE DATE OF THIS APPLICATION.
IS THE SOLE
DEPICTED IN
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FIELD NOTES
BEING A TRACT UR PARCEL OF LAND OUT OF BLOCK 53, SHELBY COUNTY SCHOOL
LAND SURVEY, ABSTRACT No. 1375 S7.TUATF.D IN TARRANT COUNTY, TEXAS, AND
MORE PARTICULARLY ALL OF THOSE CERTAIN TRACTS CONVEYED TO LYNN H,OMMEL
AND WIFE, PAULA HOMMEL IN VOLUME' 6979, PAGF. 2113, D. R. T. C. T., VOLUME
6345, PAGE 600, D. R. T. C. T., AND VOLUti1F.09284, PAGE: ~7yQ D. R. T.
C. T., AND DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT IN T1iE FAST LINE OF SAID BLOCK 53, SOUTH 0° 18'
WEST, FOR A DISTANCE OF 926.59 FEET FROM IT'S NORTHEAST CORNER SAID
POINT BEING IN THE CENTERLINE OF DICK PRICE ROAD;
TNF.NCE SOUTH 0° 18' WEST, ALONG THE EAST LINE Oc BLUCK 53, AND ALONG
THE CENTERLINE OF DICK PRICE ROAD, FOR A DISTANCE OF ].34.62. FEET TO
A POINT FOR CORNER;
THENCE NORTH 88° 47' 04" WEST, AT 25.0 FEET TO AN IRON ROD IN THE WEST
LINF. OF SAIll ROAD, IN ALL A DISTANCE OF 236.38 FEET TO AN IRON RUD FUR
CORNER;
THENCE NORTH- 0 ° 18' EAST ALONG A CHAIN LINK FENCE FOR A DISTANCE OF
1.30.71 FEET TO AN IRON ROll FOH CURNi;R;
THENCE SOUTH 89° 44' EAST AT 211.35 FEET TO AiV IRON ROD IN THE WEST
LINE OF SAID ROAD IN ALL A DISTANCE OF 236.35 FEET' TU THE POINT OF
BEGINNING AND CONTAINING 0.720 ACRES OF LAND GROSS, OE WHICH 0.077 ACRES
IS IN SAID ROAD, i.EAVING~ACRES OF LANll NET. '-^
Poepe~ty of {.ynh ~ Peala l~o~+~t ~
~Q~~ of rF fig,
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.......................::...
M. S.KEETOiV
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upoR+, and thas sr+R no sr,orosti. confiia:s or
rdetwioetis s, >tl+own..
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SURVEY PLAT -%
A PART OF BLOCK 53
SHELBY COUNTY S-CHOOL
LAND SURVEY, ASST. NO. 1375
TARRANT COUNTY , TEXAS
H. 8. KEETON
REGISTERED PUBLIC SURVEYOR
2037 DAL-NORTH ST. F.O. BOX 204 641-0843
GRAND PRAIRIE, TEXAS 75451 Metro 647-0154
Date 5 _ 2/ - 88 Scale ~ ~~_ 40 ~ Fue No. G F. T.C.
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FORT WORTH, TEXAS 7611 - ^~~Erc S3,
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F IF.L.D NOTF,S
BRING A TRACT OR y~-RCFL OF LAND OUT OF BLOCK 53, SHELBY COUNT ~ S 0}OL IsA.NP.
SL7RVTTY, ABST. N0. 1375, TARRANT COUNTY, TEXAS, HF.ING A PORTIO~ OF A ~?.F9?.
ACRF. TRACT OF LAND DF.SCRIBF,D IN A DF.F.D RECORDF,D IN VOL. 2604, PAGE 61 ,
DFFI3 FiF'CORDS, TAi3RAh'T COUNTY, TFs'XAS AND BEING DESCRIBED BY MF.TRS AND
30UNTDS AS FOLLOWSr
BEGINNING at an iro~t pin at the Southwest corner of a 0.27? acre tract of
land described in s. deed recorded in Vol. 57?.0, pap;e 485, Deed Records,
Tarrant County, Teias, said point being South i7 deg. lA min. QO sPC. West
1?_62.44 feet and North 89 deg. 44 min. 00 sec. West 236.30 Peet from the
Northeast corner of said 91ock 53s I
THENCF. North 89 deg. 44 min. 00 sec. West 200.00 feet to nn iron pin for
cornett
THENCF North 0 deg. 18 min. 00 sec. Fast ?.$j,80 feet to r~r. 4ron p17 for
cornett
ThBNCF South 89 deq. 44 min. 00 sec. Fast ?,00.00 feet to an iron pin for
corner ~
Tr~F.NCF. South 0 deg. 18 rein. 00 sec. West 2A3,80 feet to the POI^IT OF BF-
GINNINt', any? containing- 1~3~~ acres of land more or less.
~.
..............................
~ `~' ~'" ~~ ....... certify thrs
plat is true and correct according to a survey made on
the ground and there are no vnrroachments except as
shown .
Date ... ~G:v.~(~1....~ ~ f . ~.7 ~.° ...............
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