O569ORDINANCE 569
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED;
REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY
OF KENNEDALE FROM "C -2" GENERAL COMMERCIAL DISTRICT TO "OT"
OLD TOWN 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 FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, 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, the City Council has determined that a zoning change at the above - described
property is necessary to protect the public health and general welfare; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the
City of Kennedale on the 19 day of March 2015 and by the City Council of the City of
Kennedale on the 20th day of April 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:
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
1
as shown and described below:
An approximately 1.15 acre tract in the Jacob Prickett Survey A -1225, more
particularly described as Jacob Prickett Survey A -1225 Tract 3A, Tarrant County,
Texas ( "the Property "), as more particularly described on Exhibit "A" attached
hereto and incorporated herein, from "C -2" General Commercial District to "OT"
Old Town 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 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 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 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, 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 6.
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
is permitted to exist shall constitute a separate offense.
0)
SECTION 7.
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 8.
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 9.
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 10.
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 20 DAY OF APRIL 2015.
ATTEST:
04g��
Leslie Galloway, City Secretary
APPROVED:
Bri n Johnson, ayor
®a ?m=
9, L •. ;
" 11 11111 %1
3
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY
�
Wayne K. Olson, City Attorney
Exhibit A
Map and Legal Description
SS
a
x
W
Page 5 of 5
Excerpt from deed, D214136286
Exhibit "
Being a 1.01 acr of and situated in the Jacob Prickett Survey," Tarrant_
County, Te s, bin a p t' n of a called 3.26 acre tract of land recorded in
Volume 1352, ag 85 D e R .,ords, Tarrant County, Texas, (DRTCT), being that
certain tract la c• d in a, deed to Casa Santa, L.P., as recorded in
Instrument No. 0 31 , Official Public Records, Tarrant County, Texas,
(OPRTCT), SAVE AND XC art or portion in the use or occupancy of any public
road or highway, as re r d in fume 8254, page 56, Deed Records, Tarrant County,
Texas, and being mor p ti ly described by metes and bounds as follows:
BEGINNING at a 1" spi e rk southeast corner of the herein described
tract of land, and bei ou est corner of a tract of land described in.a
deed to Don Kemp, as reco + d ument No. D212136170, (OPRTCT), and being
in a non - tangent curve to r' t e northeast line of North Road, (variable width
THENCE in a northwesterly di r io ng nd with the northeast line of said
North Road and said curve to th t, at has a delta angle of 24 36' 12 ", a
radius of 215.92 feet, a chord o N 7 41' 54" 92.01 feet, for an arc
distance of 92.72 feet to•a 1/2 " i rod set cor er of the herein described tract
of land; r�
THENCE N 54 48' 32" W, along and with
tract of.land and the northeast line of
1/2" iron rod set for corner of the herein
THENCE N 38° 00' 22" W, along and with the
tract of "land and the northeast line of said
1/2" iron rod set for corner of the herein desc
beginning of a non-tangent curve to the right;
THENCE in a northwesterly direction, along and wi no`xA s
North Road and said curve to the right, that has a d to a gl of
radius of 1667.65 feet, a chord of N 29 42' 44" W, 204.1 e , f a
204.29 feet to a 3/4" iron rod found for the northwest corne of h e
tract of land, and being the southwest corner of a tract of and scr'
Raymundo Guerrero, as recorded in Instrument No. D197025012, TC
THENCE S 87 58' 20 E, along and with the north line of the here de
land and the.south line of said Guerrero tract, a distance of 252. n f
rod found for the northeast corer of the herein described tract of n
northwest corner of said Kemp tract;
t
THENCE SOUTH, (bearing bAsis), along and with the east line of the here:
of land and the west line of said hemp tract, a distance of 253.37 feet
BEGINNING, and containing 1.017 acres, (44,.301 sq. ft.),. of land, "
, 1
dine of the herein described
a distance of 26.64 feet to a
.t_, of land;
fl' e of the herein described
distance of 63.48 feet to a
�, and being the
line of said .,
01, Q71 a
rc distance of
r n described
e in a deed to
r' ed tract of
to a 4" #ron
d,, n be ng the
ri
r,
A