O513BORDINANCE 513 -B
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 17 OF THE
KENNEDALE CITY CODE (1991), AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF KENNEDALE, TEXAS BY APPROVING
A CONDITIONAL USE PERMIT ON CERTAIN PROPERTY IN THE CITY
OF KENNEDALE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Kennedale 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 Code; and
WHEREAS, in accordance with Section 17 -422.1 and Section 17 -429 of the Zoning
Ordinance, an application has been filed for a Conditional Use Permit for Ice Sales —
Retail for the property located at 198 E Broadway, otherwise known as Lot 36E, C A
Boaz Subdivision of J B Renfro Survey, containing approximately .25 acres of land, and
the owner of the property has agreed in writing to allow the applicant to request a
Conditional Use Permit for such use; and
WHEREAS, the Planning and Zoning Commission of the City of Kennedale, Texas held
a public hearing on October 18, 2012, and the City Council of the City of Kennedale,
Texas held a public hearing on November 7, 2012, with respect to the Conditional Use
Permit described herein; and
Whereas, the City has complied with all requirements of Chapter 211 of the Local
Government Code, Section 17 -429 of the Zoning Ordinance, and all other laws dealing
with notice, publication, and procedural requirements for the approval of a Conditional
Use Permit on the property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, THAT:
SECTION 1.
The Zoning Ordinance of the City of Kennedale, Texas, as amended, is hereby
amended to permit the following conditional use on the hereinafter described property
and area as shown below:
An approximately .25 acre tract of land situated in CA Boaz Subdivision of
JB Renfro Survey, Tarrant County, Texas and described by metes and
bounds description in Exhibit "A" attached hereto and incorporated herein.
A Conditional Use Permit for Ice Sales — Retail, as shown on the site plan
shown in Exhibit "B" attached hereto and incorporated herein.
SECTION 2.
The Conditional Use Permit as herein established has been made in accordance
with a comprehensive plan for the purpose of promoting the health, safety, morals, and
general welfare of the community.
SECTION 3.
The official map of the City of Kennedale is amended and the City Secretary is
directed to revise the official zoning map to reflect the approved Conditional Use Permit
as set forth above.
SECTION 4.
The use of the property described above shall be subject to all restrictions, terms,
and conditions contained in Exhibit "B" as well as the applicable regulations contained in
the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances
of the City of Kennedale.
SECTION 5.
This Ordinance shall be cumulative of all provisions of ordinances and of the
Code of Ordinances of the City of Kennedale, Texas (1991), as amended, except when
the provisions of this Ordinance are in direct conflict with the provisions of such
ordinances and such code, in which event the conflicting provisions of such ordinances
and such code are hereby repealed.
SECTION 6.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clause, or phrase 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 sections, paragraphs,
sentences, clause, and phrases of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of any such
unconstitutional section, paragraph, sentence, clause, or phrase.
SECTION 7.
Any person, firm, or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this
Ordinance shall be fined not more than Two Thousand Dollars ($2,000.00). Each day
that a violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of the provisions of any ordinances governing zoning 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, whether pending in court or
not, under such ordinances, same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, penalty clause, publication
clause and effective date clause of this ordinance as provided by Section 3.10 of the
Charter of the City of Kennedale.
SECTION 10.
This Ordinance shall be in full force and effect from and after the date of its
passage and publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS DAY OF 7 NOVEMBER 2012.
T IOR
ATTEST:
KEN ( '�i
V :' :• to
CITY SECRE ARY
;b,®
r .
EFFECTIVE: II " Z Z " zo / 2 , /��� 0�
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Exhibit A
Property Metes and Bounds
.A t r
EXHIBIT "A"
Being a0,239 acre tract of land situated in the J. B. Renfro Survey, Abstract No. 1260, Tarrant
County, Texas, and being a portion of Lot 36, C, A: Boaz Subdivision, Second Piling; as
recorded in Volume 388 -A Page 97, Plat Records, Tarrant County, Texas, and being that certain
tract of land as deeded to First Assembly of God, as recorded In Volume 11801 Page 1617 and
Volume 11801 Page 1820, . Deed Records, Tarrant County, Texas, and being more particularly
described by metes and hounds as follows;
Beginning at a 112 Inch iron rod found in the North line of said Lot 36 and being East 360,00
feet t`rom the Northwest corner of said Lot 36 and being the Northwest norner•of a tract of land
as deeded to the First Assembly of God, as recorded In Volume 11801 Page 1520, sold Deed
Records and being in the South line of East Broadway Street;
Thence E=ast, along the salt! North line of the said Lot 36, 104.00 feet to a 1/2 inch Iron rod
found and being the Northeast corner of a tract of land as deeded to, the First Assembly of God
Church, as recorded in Volume 11801 Page 1617, said Dead Records;
Thence South, along the East line of said Church tract, 100;00 feet to a 1/2 inch iron rod found
and being the Southeast corner of the said Church tract, from which a 1I2 Inch iron rod found
bears N 24 °19 E, 21 29 feet;
Thence West, along the South line of the Church traots, 104,00 foot to a 1I2 Inch Iron rod
found;
Thence North, along the West line of said First Assembly of God tract, 100.00 feet to the Point
of Beglnoino and containing 0,239 acre of land, more or less,
. ! •E1t`
TARRANT, Doc: .0003441021110412004, VIP. .000000000000 Page 3 of 4
EXHIBIT "B
SITE PLAN AND ELEVATIONS
X BROADWAY STREET
i
20 Lnndeoepe
26'
21=11'
Iv4
RETAIL ICE AND WATER SALES
ONE STORY
SELF .CONTAINED STRUCTURE
BRICK FACADE.
m
METAL. SOFFIT
APPROX. 236 S.F.
109.20
SITE PLAN. REQUIREMENTS:
Plan meets the 60% Mdxium lot coverage requirement for
c2 zoning.
Plan meets the 80% Masonry requirement for c2 zoning.
LANDSCAPE REQUIREMENTS.
Total 'area: 10,320 8 -f-
15% landscape area required: 1548 s.f.
Provided 1899 a.f.
50% of required landscape In front of building.
Require 4 trees for 1648 s,f.
Require 3 trees for 10S of front buffer
Require 24" high solid landscape scoen hedge for
parking loopted within 6o of front property line
N
P.L.
r >ccr
198 E. BROADWAY STREET "' I''A'I
i'nit
IVACE,, mL ICE
l tt�Y Y „at rain �s� o;R—Yt n IVVm:Fn rt o+=fIMn
r{rnnt aaa�rr.urnt ni,_r -,o -zt 7 n10 In "I r,r-,ma.L'--
1e:-e / N-r,
old
STREE 0 MIMI
C,J F1 ti 198 E. BROADWAY .*JIC_ VIM
oil -1-!4m
SIDE VIEW
FRONT VIE W
REAR VIEW SIDE VIE W
scale V= 1/4"
- !" �
� o S
SIDE VIEW
FRONT VIE W
REAR VIEW SIDE VIE W
scale V= 1/4"
The use of the property authorized under this Conditional Use Permit is further subject
to the following specific conditions and limitations:
signage must be provided for handicapped parking.
INVOICE
Star - Telegram
808 Throckmorton St.
FORT WORTH, TX. 76102
(817) 390 -7761
Federal Tax ID 26- 2674582
Bill To:
CITY OF KENNEDALE GQ �� N
405 MUNICIPAL DR R
KENNEDALE, TX 76060 -2249
NOTIPE
Mise Fee
I3580 1
Customer ID:
CIT33
Invoice Number:
323113051
Invoice Date:
10/15/2012
Terms:
Net due in 21 days
Due Date:
10/31/2012
PO Number:
- N. y� M Commission Expires
y
Order Number:
32311305
Sales Rep:
073
Description:
NOTICE OF PUBLI
Publication Date:
10/15/2012
th I7rna AMU Ra Amy int %
44 44 LINE .
$6.17 $271.64
$11.00
Net Amount:
$282.64
Before mE av cnr a.aY �eneaSY� v�[4ce yy�.
Municipal Dr I<ennedate; 7X76060; unty and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star pnoi to the �fgaring Eor`additicnat egram, Irlc, at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the at info "rmatron please cailllmehystt was ublished in the above named paper on the listed dates: BIDS &LEGAL DEPT. STAR TELEGRAM
Cirmo City Sec[etaryr a2 i P
(817} 215 �lv.�as xxrfa_;..
p p
- - —
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Octo er ?,/,h012r
Notary
Thank. You For Your Payment
Remit To: Star - Telegram Customer ID: CIT33
P.O. BOX 901051 Customer Name: CITY OF KENNEDALE
FORT WORTH, TX 76101-2051 Invoice Number: 323113051
Invoice Amount: $282.64
PO Number:
Amount Enclosed:
� ._..._........_e........_ _
t - d M i d e Y a c t i d n on a r e quest by ASE "
Ice for a Conditions[ Use Per�it as
3n;Sectmn.17 -421 of the "
��,a�'fill,
,,
�.�..� CHRISTY LYNNE HOLLAND
f required
Kehnedale city code "td allouu Ice"
, o.• ,:
2: �' Notary Public, State of Texas
Sale "s Retail "at 198 "E ""6roadwajr°
C
- N. y� M Commission Expires
y
legal descriPtton o f A Boaz
Subdivision "Lot" 36E;" KennedaIt;
to Texas.
' %' ""� +�' _ July 31, 201 b
THE STA
Count Of
Y
Tarrant Ail citizens
ar'e ; encouraged= to " attend�� the
hearingAof: offer dubr. comments "
Before mE av cnr a.aY �eneaSY� v�[4ce yy�.
Municipal Dr I<ennedate; 7X76060; unty and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star pnoi to the �fgaring Eor`additicnat egram, Irlc, at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the at info "rmatron please cailllmehystt was ublished in the above named paper on the listed dates: BIDS &LEGAL DEPT. STAR TELEGRAM
Cirmo City Sec[etaryr a2 i P
(817} 215 �lv.�as xxrfa_;..
p p
- - —
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Octo er ?,/,h012r
Notary
Thank. You For Your Payment
Remit To: Star - Telegram Customer ID: CIT33
P.O. BOX 901051 Customer Name: CITY OF KENNEDALE
FORT WORTH, TX 76101-2051 Invoice Number: 323113051
Invoice Amount: $282.64
PO Number:
Amount Enclosed:
� ._..._........_e........_ _