O202
ORDINANCE N0.202
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 18.64 ACRES ENCOMPASSING TRACTS 31K2A,
31K2, 31K2B, 31K1H, 3W, 31K1L AND 31K3B, ABSTRACT 1376, D.
STRICKLAND SURVEY; FROM "C-2" GENERAL COMMERCL~I,
DISTRICT TO "I" INDUSTRIAL 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 21, 2000 and by the City Council of the City of Kennedale
on the 12th day of October, 2000, 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:
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Approximately 18.64 acres, more particularly described as Tracts 31 K2A, 31 K2, 31 K2B,
31 K 1 H, 3 W, 31 K 1 L and 31 K3B, Abstract 1375, D. Strickland 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 "I"
Industrial 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
ordained.
this day of ~~.>(D.l~ 2000.
Mayor, Mark S. right
APPROVED AS TO FORM AND LEGALITY:
~/ko~
City Attorney
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City Secretary
METES AND BOUNDS DESCRIPTION
OF
PARCEL NO. 1
A 6.19 acre parcel of land out of the David Strickland Survey, A-1376, City of Kennedale,
Tarrant County, Texas, said parcel conveyed to FWT, Inc. by deed as recorded in volume
12570, page 2122, Deed Records, Tarrant County, Texas, said parcel being more
particularly described by metes and bounds as follows:
BEGINNING at a 5/8" iron found at the intersection of the south line of Gilman Road and
the east line of U. S. Highway 287;
THENCE North 47 degrees 50 minutes 00 seconds East along the south line of said
Gilman Road, 142.3 feet to a 5/8" iron found;
THENCE N 89 degrees 4l minutes 00 seconds E, along the south line of Gilman Road,
864.00 feet to a 5/8" iron and the corner of a Texas Electric Service Company Right of
Way as recorded in volume 2342, page 453, and volume 3954, page 412, Deed Records,
Tarrant County, Texas;
THENCE S 47 degrees 41 minutes 00 sec W, along the north line of said electric
R.O.W., 791.00 feet to a 5/8 iron found in the east R.O.W. of U. S. Highway 287;
THENCE N 42 degrees 43 minutes 00 seconds W, 113.2 feet to a THD monument;
THENCE N 39 degrees 10 minutes 00 sec W, 100.1 feet to a THD monument;
THENCE N 42 degrees Ol minutes 00 seconds W, 365.4] feet to the POINT OF
BEGINNING, and containing 6.19 acres of land.
PARCEL NO. 2
A 12.45 acre parcel of land in the David Strickland Survey, A-1376, City of Kennedale,
Tarrant County, Texas, said parcel conveyed to FWT, Inc. as recorded in volume 12570,
page 2122, Deed Records, Tarrant County, Texas, said parcel being more particularly
described by metes and bounds as follows:
BEGINNING at a 5/8" iron being the intersection of the east right of way line of U. S.
Highway No. 287 with the south line of a Texas Electric Service Company Right of Way
according to deed recorded in volume 2342, page 453; and volume 3954, page 412 Deed
Records, Tarrant County, Texas:
EXM~61t /~,
PUBLIC HEARING 1
THENCE N 47 degrees 4l minutes E, along the south line of said electric R.O.W.,
881.00 feet to a 5/8" iron found in the south line of Gilman Road (a 60' R. O. W.) and the
beginning of a curve to the left having a central angle of 23 degrees 39 minutes and a
radius of 237.1 feet;
THENCE along said curve to the left and the south line of Gilman Road a distance of
97.8 feet to a 5/8" iron;
THENCE N 53 degrees 25 minutes E, along the south line of Gilman Road, 2.8 feet to a
5/8" iron for a corner;
THENCE S 37 degrees 59 minutes 00 seconds E, 757.7 feet to a point in the approximate
center of Village Creek;
THENCE S 77 degrees 32 minutes 00 seconds W, 394.00 feet along the approximate
centerline of Village creek to a point for a corner;
THENCE S 64 degrees 56 minutes 00 seconds W, 331.1 feet along the approximate
centerline of Village Creek to a point for a corner;
THENCE S 62 degrees 13 minutes 00 seconds W, 151.9 feet along the approximate
centerline of Village Creek to a point for a corner;
THENCE S 89 degrees 21 minutes 00 seconds W, 183.00 feet to a 5/8" iron for a corner
said corner along being in the east right of way of U. S. Highway 287;
THENCE N 42 degrees 04 minutes 00 seconds W, 80.7 feet to a THD monument;
THENCE N 15 degrees 33 minutes 00 seconds W, 44.7 feet to a 5/8" iron;
THENCE N 41 degrees 55 minutes 00 seconds W, 99.9 feet to a THD monument;
THENCE N 45 degrees 2l minutes 00 seconds W, 112.1 feet to the POINT OF
BEGINNING and containing 12.45 acres of land.
Ex~-tglT A~
PUBLIC HEARING 1
PETITION FOR CHANGE
OF ZONING CLASSIFICATION
ZONING CASE: QO -- O 3
August 15, 2000
Planning and Zoning Commission
City Council
City of Kennedale
Kennedale, Texas 76060
HONORABLE MAYOR, COMMISSION MEMBERS AND MEMBERS OF THE CITY
COUNCIL:
I respectfully request that approval be granted for rezoning of the following properties
which are presently zoned "C-2", Commercial
PARCEL NO. 1: 6.19 acres. See attached legal description and exhibit. Rezone from
"C-2" to "I" Industrial.(Abstract 1376 -Tracts 31K2A, 31K2, 31K2B)
PARCEL NO. 2: 12.45 acres. See attached legal description and exhibit. Rezone from
"C-2" Commercial to "I" Industrial.(Abstract 1376-Tracts 31K1H, 31W, 31K3B and
31K1L).
Present use of the property is: Parcel 1 Outdoor sales (Temporary structure)
Parcel 2 vacant with no structures
OWNER: T. W. Moore
5901 Bay Club Drive
Arlington, Texas 76013
Phone 366-4444
APPLICANT: SAME AS ABOVE
AGENT: F. P. GREENHAW III, INC.
3332 WEST 7TH STREET
FORT WORTH, TEXAS 76107
THIS IS TO CERTIFY THAT T. W. MOORE IS THE SOLE OWNER OF THE
PROPE Y DESCRIBE IN THE ASSOCIATED EXHIBITS.
" ~~ ` f
F. W III, P.E. DATE
GENT FOR T.W. MOORE
PUBLIC HEARING 1
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