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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,; ~. ,~.. .* -~ ' Mayor, Mar S. Wrig ;~. ' y: =~: 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 -FgvK~~~/ Y1ov-~Lfo~ ~,e,9ers ~3F,.,~,d .s~~ ae ~- i37s- t,.2 P1 C_ fl~~~ tpricc. Rnri __ „~.e,nv.e~ale~_~le~Cob _ ~ l?-- 4b5~ 4 42q Applicant's Name: ~, Address: 1 Telephone No: 8 -~ N 732.. 8 K ~1 q ~,,,y h h w pau.~a Ir~lo w-,Met av,o~ 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 ~r (Owner Signature) • Q ~ j M 1 , . ® P ~ ~l NI i N a ~ oa ~~o - S.89°44~E., 236.35 ` ' O) P. 0.8. / j 2!1.35 2 .0~ . I I ro i. ~i 3 !, 35 6 SQ. FT. = 0.720 AC. GROSS =' 3,360 SQ. FT.= 0.077AC.in I/2 ROAD "~ ~ 1~1~t"~'`- 27, 996 SQ. FT. =O~~AC. NET. ! J `~ P~ ` ~ I ~ a N o W _a .~ ~ ~° ' ~ z o ~ Syr„ * Ppa la No~~,~ ~epe~ty { ~ . ~ ~ Q ~ o ! !. 3 ~ t~°a 5.0' f ~ . ~~oa BARN -~ ---_-N 88 d47 ~04 ~~W,, 236.38 - I ~' Cho;n Link Fence ~ ~I W ~ ~ ~; U ~ _ . ~ ~ Q ~ ~ ~ Q. O q-j ~ j ul t°., " Q Ol ~ Qj ~ ~ ~\ m ~ - la1 `° ` \` ib ~ pp ~ ~\ z ~ •~ ~ ~~~ ~p ~~ ~ i! ~ I~ i; j \ ~~` ~ ~\ ~~ Q.Qe r 211. 35 ~ ~• Q`Qe N . 8 9 ~49~W. , 2 3 6. 35 II "~ ~~ ~, q ppR I i h ~ Dec D,4- ( ~ ~~ , ~`"~ R ~ ~o ~ o Eq ` `, \` v f /3 ~ k S M . oC k'4 p ~ ~'~ oR . TF . 54 65 . p ~., R ~ /N CFO . , G, ~ q R ' 3 4 4 `~\ ~~ I ` ~ }t 1: ': '~~ 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, * ~ ~' ~ .......................::... M. S.KEETOiV .. ...:.................... X01 {i GB~,C i Sl~lRV~~o gIJFiVBYOR'S CJgfiTl f=iCATE ~ $. Ks+con. s t~v6iie Sw+rwo* f..r+ev ~~ tl~t the P~ y~ ss~~- from sn aarw swwr +~• on ch. oro+~ ued~- ~v ,r+•r~++~f upoR+, and thas sr+R no sr,orosti. confiia:s or rdetwioetis s, >tl+own.. swwlra SURVEY PLAT -% A PART OF BLOCK 53 SHELBY COUNTY S-CHOOL LAND SURVEY, ASST. NO. 1375 TARRANT COUNTY , TEXAS H. 8. KEETON REGISTERED PUBLIC SURVEYOR 2037 DAL-NORTH ST. F.O. BOX 204 641-0843 GRAND PRAIRIE, TEXAS 75451 Metro 647-0154 Date 5 _ 2/ - 88 Scale ~ ~~_ 40 ~ Fue No. G F. T.C. 1_9n-59 'E x In i b i t .. _ , ~ y ~~ ~dvanc~ Surver~«g ~ ,~f app«rg G'o. ,'B'tu E/~sr s6~`1.w~fcy rl,e~ue ~/.TE ~Ju ~IZ3' S/G~ /s PHONE ~ ~,2. FORT WORTH, TEXAS 7611 - ^~~Erc S3, <~-~ SuR~Ey37S r Ae,, ~ Q N o~5~N~00 = ~/$~6 Qc. ~ropsri'y c~ ay„M ~ PaKla Ho~~t ~t~' ~ Poo. _ \ 0 \ 0 ~~~ ~~; ti ~' ~. I . ~ 0 b ~ ~ a0 ~ ~6ASiM6NT FAR Gf04 ~ V1 YYY i `~ ~~~K ti/.orca t.~vE \. O.27Z.9C. f L Z ~~ -- ' " `~-v---- f---~--~ ~ P' EG/NNr~J . T ~-~ ~._ I ~ _ , ~, ~ . I: 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. 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