O365-,
CITY OF KENNEDALE
ORDINANCE NO. 365
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 2.4636 ACRES ENCOMPASSING LOT 14R4, C.A.
BOAZ SUBDIVISION; 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 2l 1 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 April 19, 2007 and by the City Council of the City of Kennedale on the
l 0th day of May, 2007, 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:Acitysec\council\ord\zonechg 07-02 (05-09-07) Page 1 of 3
c:\citysec\council\ord\zonechg 07-02 (05-09-07) Page 3 of 3
Approximately 2.4636 acres encompassing Lot 14R2, C.A. Boaz Subdivision, 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 and
"R-3" Single Family Residential District to that of "C-1" Restricted 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.
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,
c:\citysec\council\ord\zonechg 07-02 (05-09-07) Page 2 of 3
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.
PASSED AND APPROVED this 10`h day of May, 2007.
\\\i 1111tl li;i _,
:.~ `...... -F..
``°`~a t~ ' * ~..
f e
` } ~
• ~'
e`~~.~.~
Kathy Turner, City Secretary
APPROVED AS TO FORM AND LEGALITY:
w~.~
Wayne K. Olson, City Attorney
c:\citysec\council\ord\zonechg 07-02 (05-09-07)
~ar~ ~~ ~GVW`~'Sfi
Mayor, Bryan Lankhorst
Page 3 of 3