O570ORDINANCE 570
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF KENNEDALE, TEXAS BY
REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY
OF KENNEDALE FROM "MH" MANUFACTURED HOME DISTRICT TO "C -2"
GENERAL COMMERCIAL 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 of Kennedale initiated a rezoning of property consisting of
approximately 27 acres of land described as Wade H. Hudson Survey, A -716, Tract 2, Tarrant
County, Texas (hereinafter referenced as the `Property") from its present classification of MH
Manufactured Home to C -2 General Commercial; and
WHEREAS, the City Council has determined that a commercial zoning district is the
most appropriate zoning district to facilitate the development of the Property; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of
the City of Kennedale on the 16 t day of April 201 5 and by the City Council of the
City of Kennedale on the 20 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.
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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
as shown and described below:
An approximately 27 -acre tract in the Wade H Hudson Survey, being that same
property conveyed by Warranty Deed from Luel and Allison Rash to Mike
Wagner, instrument number D206017824, more particularly described as Wade H
Hudson Survey A -716 Tract 2, Tarrant County, Texas ( "the Property "), a n d
more particularly described on Exhibit "A" attached hereto and incorporated
herein, from "MH" Manufactured Home district to "C -2" General 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 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.
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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.
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, Section 1, 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
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publication as required by law and it is so ordained.
PASSED AND APPROVED ON THIS 20 DAY OF APRIL, 2015.
ATTEST:
V"
City Secretary , Leslie Galloway
EFFECTIVE: Ap 1 1
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APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne K. Olson
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Exhibit "A"
Legal Description
Metes and Bounds Description Attached as Exhibit A to Warranty Deed Filed in Tarrant
County, Texas, D206017824
Exhibit A
G- F. No. 2324000559
61 d out of the W.H. Hudson Survey, Abstract No. 716, Tarrant County, Texas, and being a
PP to of t rac of land conveyed to Frederick MacNeil Dielman and wife, Anne B. Dielman by deed
rep de n V um 3307 Page 116, Deed Records, Tarrant County, Texas, and being more particularly
des rib me bo ds as follows:
BEGIN G a p ' ti terline of Hudson Village Creek Road, being the southeast corner of said
Dielman tr ct;
THENCE North de es 56 seconds West (called North 90 degrees 00 seconds West),
with the center e Hu on V' ge Greek Road and the south line of said Dielman tract, 570.61 feet to a
60D nail found f r th out as rner of a called 0.28 acre tract conveyed to Bud DeWolf by deed
recorded in Volum 10 age 4 Deed Records, Tarrant County, Texas;
THENCE North OQ degr es 0 mi ut 43 c nds West, with the east line of said 0.28 acre tract, 27.75
feet (called 28.60 feet) t a ch r nd in the apparent north right -of -way line of said Hudson
Village Creek Road and a u cor of a called 0.09 acre tract conveyed to Bud DeWolf by deed
recorded in Volume 10000, Pa 21 Q' ecords, Tarrant County, Texas;
THENCE North 07 degrees 64 ir} tes 2 e on s Eas with the east line of said 0.09 acre tract, 113.65
feet (called 113.60 feet) to a'1/2 i h ' on d fo _ d;
feet (called 92.43 feet) to a 1/2 inch iron rod set in th sai ielman tract and the east line of a
tract recorded in Volume 13563, Page 83, Deed Records, rra un , Texas, for the northwest corner
of said 0.09 acre tract, from which a 1/2 inch iron rod foun b rs ut. 00 degrees 05 minutes 59
., ,,1� Gno+ 4 Kr, 'Id faat n nri Nnr h A decrees 00 minut s eco s West, 185.00 feet;
THENCE North 85 degrees 35 minut 0 s rids est, continuing along the east line of said 0.09 acre
tract, 10.15 feet (called 10,00 feet) to a / rich ' n rod found;
THENCE North 06 degrees 29 minutes 22 seconds Ea ontinuin with the east line of said 0.09 acre
tract; 39.12 feet (called 38.35 feet) to a 1/2 inch iron d fou r th most northerly northeast corner of
said 0.09 acre tract;
THENCE North 86 degrees 28 minutes 19 second WeA�wit t, e north line of said 0.09 acre tract, 95.17
JGV.v1uv . -uv, vv -v .vv. .n. •.. ..�.... __ __,� - -__ -- - -.. -.
THENCE North 00 degrees 05 minutes 59 seconds West (called rth gr es 00 minutes West }, with
the common west line of said Dielman tract and the east lines of et cts r co ded in Volume 13563,
Page 83, Volume 11954, Page 2326, Volume 5980, Page 117, V Lim 05, 1849, Volume 5334,
Page 787, Volume 5115, Page 48, Volume 6321, Page 94, Volume 10 22 olume 8735, f age
1096 and Volume 13701, Page 130, Deed Records Tarrant County, Tex 11 . 0 t to a 1/2 inch iron
rod found for the northeast corner of said tract recorded in Volume 1370 , P e 0, a e southwest
corner of a tract of land conveyed to Gene Miller and Dorothy Miller by d ecord i fume 12211,
Page 2406, and corrected in Volume 13315, Page 273, Deed Records, Ta ant o , T
THENCE South 89 degrees 09 minutes 04 seconds East, with the south line o 7sald0l i tra , 34.78
feet (called 135 feet} to a metal fence post for the southeast corner of said Mill THENCE North 00 degrees 05 minutes 59 seconds West, with the east line of rac 7 feet passing a 518 inch iron rod found a distance of 174.24 feet in all to a 318 in d for the
northeast corner of said Miller tract;
THENCE North 89 degrees 09 minutes 04 seconds West, 134.78 feet (called 135 feet) to aX
pipe found in the west line of said Dielman tract for the northwest corner of said Miller tract a
Exhibit A Legal Description (Short)
comer of a tract of land recorded in Volume 12844, Page 181, Deed Records, Tarrant County,
E 00 degrees 05 minutes 59 seconds West (called North 00 degrees 00 minutes West), with
th mon we line of said Dielman tract and east lines of the tracts recorded in Volume 12844, Page
81 01 e 43 5, Page 454 and Volume 5898, Page 97, at 399,40 feet passing a 1/2 inch iron rod
fou d, di nc o feet in all to a 112 inch iron rod set for the northwest corner of said Dielman
trac an the east m of said tract recorded in Volume 5898, Page 97, in the southwest right -of-
way o C. R
THENCE o 48 gree . utes 49 seconds East, with the common north line of said Dielman
tract and south st ri - lin of said H. & T.C.RR, 250.90 feet to a 1/2 inch iron rod set;
THENCE SoutPt-'E
Dielman tract and
for the northeast
Page 498, Deed Reco
minutes 58 seconds East, continuing with the common north line of said
-way line of said H. & T.C. RR, 616,05 feet to a 1/2 inch iron rod set
el n tract and northwest corner of a tract recorded in Volume 14518,
a C my ^as;
fni es 0 seconds West (record bearing), with the common east line of
of twrgd§ recorded in Volume 14518, Page 498, Volume 14251, Page
g2!,[?ezq 1 18, age 500, Volume 7917, Page 880, Volume 14777, Page
e ge 302, Volume 10974, Page 992, Volume 10974, Page
co s, T t rt County, Texas, at 313,57 feet passing a 318
5.5 a tali 1472 feet) to the POINT OF BEGINNING and
rr
THENCE South 00 degas 15
said Dielman tract and west in
92, Volume 14777, Page 125
125,Volume 8055, Page 1910,
996, and Volume 7168, Page 2
inch Iron rod found, a total dist,
containing 25.61 acres of land,
SAVE AND EXCEPT the following tract hic as been con
February 22, 2005 and recorded under C rk's file Numb D20
being more particularly described as follows;
BEING 1.000 acre of land out of the W.H. HUD ON RV ,
and being a portion of the tract of land conveyed Fr . ick
by deed recorded in Volume 3307, Page 116, Dee ecor ,
of a tract of land conveyed to Todd Rash by deed recorde ' V
being more particularly described by metes and bounds a 1oP6
BEGINNING at a 1/2" iron rod found in the West line of said D
called 0.555 acre tract described by deed recorded in Volume
line of a tract recorded in Volume 13315, Page 273, DRTCT;
to Herbert Wood, by Deed dated
j0630, filed February 23, 2005, and
ct No. 716, Tarrant County, Texas,
Dielman and wife, Anne B. Dielmart
County, Texas; also being a portion
"x,6472, Page 118, DRTCT, and
gh Northeast corner of a
13Q, DRTCT, and in the South
THENCE South 89 degrees 02 minutes 04 seconds East, with th outh ine sail
Volume 13315, Page 273, 134.35 feet to a metal fence post for the st c
THENCE South 00 degrees 05 minutes 59 seconds East, 324.28 feet t al
THENCE North 89 degrees 02 minutes 04 seconds West, 134.35 feet to a ii
line of said Dielman tract and in the East line of a tract recorded in Volume 87 P
THENCE North 00 degrees 05 minutes 59 seconds West, with the East fine of sal
Volume 8735, Page 1096 and the East line of said 0.555 acre tract and the West lit
tract, 324.28 feet to the POINT OF BEGINNING and containing 1.000 acre of land,
Exhibit "A" Legal Description
A recorded in
said tract;
I comer;
he West
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