O581ORDINANCE 581
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED;
REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY
OF KENNEDALE FROM "AG" AGRICULTURAL DISTRICT TO "R -1" SINGLE
FAMILY RESIDENTIAL 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, Summit Custom Homes, which has a proprietary interest in said property
being an approximately 2.07 acre tract in the J M Lilly Survey A -980, more particularly described
as Oliver Acres Addition Block 1 Lot 5 and the east half of Lot 4 and a portion of Block 1 Lot 6,
Tarrant County, Texas, has filed an application to rezone the property from its present
classification of "AG" Agricultural Zoning District to a "R -1" Single Family Residential Zoning
District; and
WHEREAS, the City Council has determined that single family residential zoning is the
most appropriate zoning district to facilitate the development of the property; and
WHEREAS, the requested zoning of "R -1" Single Family Residential Zoning District is in
compliance with the comprehensive land use plan for the City of Kennedale; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the
City of Kennedale on the 15 day of October 2015 and by the City Council of the City of
Kennedale on the 16 day of November 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
as shown and described below:
An approximately 2.07 acre tract in the J. M. Lilly Survey A -980, more particularly
described as Oliver Acres Addition Block 1 Lot 5 and the east half of Lot 4,
Tarrant County, Texas as conveyed through a warranty deed filed with Tarrant
County, Texas on June 11, 2010, instrument number D210140023, and a portion
of Oliver Acres Block 1 Lot 6, Tarrant County, Texas, as conveyed through a
warranty deed filed with Tarrant County, Texas on May 13, 2015, instrument
number D215099944 ( "the Property "), as more particularly described on
Exhibit "A" attached hereto and incorporated herein, from of "AG" Agricultural
Zoning District to a "R -1" Single Family Residential Zoning 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.
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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
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, Section 1, the penalty clause, the publication clause, and the effective date 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.
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PASSED AND APPROVED ON THIS 16 DAY OF NOVEMBER 2016.
ATTEST:
& c �
City Secretary, Leslie Galloway
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
,
A
City Attorney, Wayne K. Olson
Mavor Brian J
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L '-e ---
Page 5 of 6
EXHIBIT A 1
oaMn of Lot B, Book i, OiN++er Am, a aubtM4Mm now In the Clly of Kw mdaK Twwd
a000rdip 10 the Pfd recorded n Votmw 1383, Pages dG0 end 587. Dead Reoorde,
T beft mwe pulVA" dGKOW as fofbW
BE�i1Nt1 eat an t the ftMeW mm of saki Loth, Bkmk t OlhWAcne. eeid Iron betnp In
tfie tine and in the North Ina of 9WkW Hied Rad;
W 10 a North tkm of Swkwy Me Road, the smolkw of Lot 6, to on h+ m rod
for
THENCE mass Eae1,126A feet to an iron rat for oww,,
THENCE EsO tha Woof eafd tnmt desarbed in V4ms tl= Page 322, Dmd
Moo do Tarrant . T an for comer n ttww0m Km of CaMetl 8ubiett Road dw
bainp itm Ent tine B;
THENCE Soulh 00 deproas m 126 feet Wang ttm west in of OWW SOWN Road. On
Eset Ikta of trot 6, t3fadc i, nd =*W, g OA1 mu of t+lald, man or ImL
NOTE: THE COMPANY DOES
ACREAGE OR SQUARE FOOTAG
et
G.
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H79- 6791000039717 Alamo
Page 1 of 9
T CE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
9 Y kAY EMOVE OR STR IKE ANY OR ALL OF THE FOLLOWING
I O N FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
TY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
General Warranty Deed
ALL CASH
Bar of Texas form [2006) reproduced by word processor)
Date A
0
Grantor Karl MiM i capacity as Independent Executor of the Estate of Mabel
Beam Killgore, De s illgore; Francis Laverne Killgore Heath; Howard Cecil
Killgore; Clyde No Don Killgore; and Karl Mitchell Killgore, Individually
Grantor's Mailing Addi+es�
c/o Karl Mitchell Kill or
432 Arwine Drive
Hurst, Texas 76053
Grantee John R. Crouch and wife, Shari
Grantee's Mailing Address
1702 Queensborough Drive
Arlington, TX 76015
Consideration Ten and No /100---- - - - - --
Property (including any improvements
Being the East one -half (1/2) of L
Addition to the City of Kennedal
recorded in Volume 1383, Page 51
Reservations from Conveyance
Notwithstanding anything cont
reserves for Grantor and Grantor's h
other minerals in and under and that
estate is subject to existing productia
production, the lease, and all benefits f