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ORDINANCE 5 6 6
5 90 ®1 ! 9N ORDINANCE AMENDING ORDINANCE NO. 40, AS D;
REZONING CERTAIN PROPERTY WITHIN THE CITY LIMP&MOT THE CITY
OF KENNEDALE FROM "C -0" RETAIL COMM E ISTRICT TO "C -1"
RESTRICTED COMMERCIAL DISTRICT; PRQMtWWG FOR THE AMENDMENT
OF THE OFFICIAL ZONING M REFLECT SUCH CHANGES;
PROVIDING THAT THIS OR CE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVI OR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A S S CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDIN R PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PRO G AN EFFECTIVE DATE
#*GVHEREAS, the City of Kennedale Texas is a Home Rule municipality acting under its
charter adopted by the electorate pursuant to Article XI, of the Texas Constitution and Chapter
9 of the Local Government Code; and
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, Wal -Mart Stores Texas LP which has a proprietary interest in said property
being an approximately 1.014 acre tract more particularly described as Southwest Crossing
Addition Block 1R Lot 2, Tarrant County, Texas, has filed an application to rezone the
property from its present classification of "C -0" Retail Commercial District to a "C -1 " Restricted
Commercial District; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the
City of Kennedale on February 19, 2 015 and by the City Council of the City of
Kennedale on March 16, 2015 with respect to the zoning changes 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 Council does hereby deem it advisable and in the public interest to
amend the City's Zoning Ordinance as described herein.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1:
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The Comprehensive Zoning Ordinance is hereby amended so that the zoning
classification and the uses in the hereinafter described area shall be changed and or restricted
as shown and described below:
An approximately 1.014 acre tract more particularly described as Southwest
Crossing Addition Block 1 R Lot 2, Tarrant County, Texas ( "the Property "), as
more particularly described on Exhibit "A" attached hereto and incorporated
herein, from "C -0" Retail Commercial District to "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 and with a view of conserving the value of the buildings and encouraging
the most appropriate use of land throughout the community.
SECTION 4.
The City Secretary is hereby directed to amend the official zoning map to reflect the
changes in classifications approved herein.
SECTION 5.
The use of the properties 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 6.
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, including but not limited to all
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 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists enforcement of any of the provisions of this ordinance shall be fined
not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation
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is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights or remedies of the City of Kennedale Texas are expressly saved as to any and
all violations of any ordinances governing zoning 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 9.
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 10.
The City Secretary of the City of Kennedale is hereby directed to publish the
caption penalty clause publication clause and effective date clause of this ordinance in every
issue of the official newspaper of the City of Kennedale for two days or one issue of the
newspaper if the official newspaper is a weekly newspaper as authorized by Section 3.10 of the
City of Kennedale Charter.
SECTION 11.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law and it is so ordained.
PASSED AND APPROVED ON THIS 16 DAY OF MARCH 2015.
APPROVED:
ATTEST:
City Seery, Leslie Galloway
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EFFECTIVE:
APPROVED AYTO FORM AND LEGALITY:
, Wayne K. Olson
Exhibit A
Legal Description
A tract of land being Lot 2 of the "Amended Plat of Southwest Crossing Addition" described
as follows:
Beginning at the Northeast corner of aforementioned lot being on the West right of way of
Little School Road travel along a curve with a chord bearing of S25" 31' 31'W- 204.80' with a
radius of 1174.92; thence S68" 33' 03"W-
-33.27', thence N67" 08'31'W- 166.47, thence N27" 01'35'W- 22.94' thence MY 05' 21 "E -
187.27' to the South right of way of U. S. Highway 287, thence along a curve with a chord
bearing of S79" 53'03"E- 147.95' with a radius of 924.93 thence S28" 56' 00 "E - 130.25' to
the point of beginning and containing 1.014 acres of land.