O214
CITY OF KENNEDALE
ORDINANCE N0.214
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 7.94 ACRES ENCOMPASSING TRACTS 9F AND
9D, ABSTRACT 1361, JESSE RUSSELL SURVEY; FROM "R-3" SINGLE
FAMILY DISTRICT TO "C-2" GENERAL 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 June 21, 2001 and by the City Council of the City of Kennedale on the
12th day of July, 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(07-OS-O1) Page 1
Approximately 7.94 acres, more particularly described as Tracts 9F and 9D, Abstract
1361, Jesse Russell 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 "R-3" Single Family District to "C-2" General 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.
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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
~~~ • SED AND APPROVED this 12th day of July 2001.
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'99 ~. ~,~Q'; Mayor, Mark S. Wright
' =9'9 •''•~TTE •~C'~.-''
City Secretary
APPROVED AS TO FORM AND LEGALITY:
(M`-~%~~
City Attorney
c:\citysec\councillord\zonechg(07-OS-O1) Page 3
TITLE INSURANCE COMPANY OF AMERICA
EXHIBIT A
All those certain treats or parcels of land situated in Tarrant Count
Texas, each tract containing five acres of fend more or less aggrega~inq
ten acres, more or less ou of the Jesse Russell survey, A-1361 and being
described by metes and {pounds, as follows:
FIRST TRACTS
Beginning at a stake in the South line of Cofpeland Road, cams being a
cornercof said$jes~RussellnSurveystAbatract Nof~1361t~th of the Aarthwset
THENCE Bast along the South line of Copeland Road, s distance of 300 fast
to a stake for corner in the Northwest corner of a 5 acre tract of sand out
of said survey as conv~~ ~y Deed dated September 12, 1946, from Thomas P.
Randall and wife, Lucy Vada Randall to Otis Floyd and recorded in Volume
1855, Page 8, of the Deed Records of Tarrant County, Texas=
THENCE South along the West lice of said Otis Floyd 5 acre tract, a
distanae of 726 fast to a :take for corner in the Southwest corner of said
Otis Floyd 5 acre tract]
THENCE West a distance of 300 feet to a stake for corners
THENCE North a distance of 726 feet to the PLACE OF $SGINNING.
SECOND TRACTS
Beginning at a stake in the South line of Copeland Road same being a
distance of 989 feet Sast and a distance of 25 feet Sough of the Northwest
corner of said Jesse Russee~ll survey, Abstract No. 1361, same also being the
Northeast corner of a 8-1/2 acre tract of land out of said Su as
conveyed by Did dated SSPte~mbsr 11 ey19a45n, fra~m Thomas P. Reaynd and wif®,
Lucy VVada Randall, to295roflthe Deed Recordsiof~Ta~rrant~Cnounnty, Texas=orded
in Volume 1731, Page
THENCE Bast along the South line of Copeland Road, a distance of 300 feet
to a stake for carnsrj
THENCE South a dietaries of 726 fast to a stake for corned
THENCE West a distance of 300 feet to a stake for corner in the southeast
corner of said Virgil H. Conley and wife, Alice Conley, 8-1/2 acre tract of
land]
THENCE Nort~ along the East line of said Vir it B. Cowley and_ wife Alias
Conley, 8-1 2 acre tract, a distance of 726 ~eet to the PLACE OF B~GINNING.
SAYS ANA EXCEPT FROM BOTH TRACT ONE AND TRACT TWO that certain 2.060/1000
ears treat as desaribed in deed from Clarence Starks and wife, Ann Starks
Volumea3878e Page 251,iDeed RecorclsofsTar=antCoun~y19Texa d recorded in
Case No. 95 HR 380193-R (00613} DOC# 1
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