O588ORDINANCE NO. 588
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 ZONING DISTRICT
TO "AG" AGRICULTURAL ZONING 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 Xl, 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 adopted a comprehensive land use plan that designates
certain parts of the city as Neighborhood character district, and these areas are intended to be
primarily residential in nature; and
WHEREAS, the property described below is within an area designated as Neighborhood in
the Future Land Use Plan in the comprehensive land use plan; and
WHEREAS, the City Council has determined that a residential zoning district is the most
appropriate zoning district to facilitate the development of the properties described below in
accordance with the comprehensive land use plan; and
WHEREAS, the City Council has determined that the "AG" Agricultural zoning district is a
residential zoning district suitable for areas in transition to residential use and where significant
single - family residential development has not yet occurred, in line with the AG district's purpose
of allowing land to be used for agricultural or open space purposes until needed for urban
purposes in conformity with the orderly growth of the city; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the
City of Kennedale on the 17 day of December 2015 and by the City Council of the City
of Kennedale on the 18 day of January 2016 with respect to the zoning changes described
herein; and
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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 29.43 acre tract in the Joel Snider Survey Survey A -1448
described in a Warranty Deed from Helen Jean Cash to Billy Joe Swiney et ux
Johnie Ruth Swiney as recorded in Volume 8025, Page 1494, Deed Records,
Tarrant County, Texas ( "the Property "), as shown on Exhibit "A" attached
hereto and incorporated herein, from "C -2" General Commercial Zoning District
to "AG" Agricultural 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 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 18 DAY OF JANUARY 2016.
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Mayor Brian Jo nson
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
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City Attorney, Wayne K. Olson
E A me tes n d bounds desc
® Prepared by the State Bar of Texas for use by Lawyers only" Reviewed 1 -1 -76.
N 0 T I C E
7a select the proper form, fill in blank spaces, strike out farm provisions ur
insert special terms constitutes the practice of law. No "standard form" can'
meet all requirements.
WARRANTY DEED
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F ANG FORM) ;
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jS - iit(I 44. L Su u4 s
1 ATE F .TEXAS
KNOW ALL MEN BY THESE PRESENTS:
CO F . TAR NT
That. I, LEN CASH formerly HELEN JEAN LEACHMAN)
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and State o£. ' Texas for and in t
.Of4he County of rra t;
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consideration of the sum N NO 00 ($10.00) ----------------------------------------
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and other Valuable considerati , to rsi paid by the grantee herein named, the -receipt of which
hereby acknowledged, and the nve c by Warranty Deed of'even date herewith the
is
Ffiollowing. described property i n Hi 1 County, Texas t
RAl1 that certain tract o rcel an situated in Hill County, Texas,
and being 3/4 of Lot 25 of th vi on he F.M. Weatherred Leaque
and Labor Survey, Patent N 19W , Vo Abs .act no. 931 W.'corner of
BEGINNING 672 vrs S. 30 E. a 860 . r fi .from the N
- said Weatherred survey being c er of Lot No. 23;
:THENCE S. `30 E. 336 vrs to a s a �in a West line of said 1.0t.119
- ':the N. W. corner 'of John Green' 20 cre tract;
THENCE N. 60 E. 336 vrs to the N. .-corner of id G en tract •; ,
„THENCE S. 30 E. 336 vrs to Green's. S. `E, co er: i S. .'ne of Lov_ - 2 =
THENCE 60 E. 336 vrs to the S. E. cor of
`THENCE N. 30 W. 672 vrs to the S -E c of o.
THENCE S- 60 W..:572 yrs %to the - begi nni. ,:. n a'.. ng' acres Of Viand, f
more or less.
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And being the same and identical propert descr' Deed from Li111aR
Lucille Mundy et al to B. J. .Christian et d Aug 2, 1966 and
i recorded in Volume 468, page 240 of: the Hi 11 C nEe! d ecords j
t - AND EXCEPT, HOWEVER, all that certain tr t be in a Right -of -Way"
eed in favor of the State of Texas from W. A. Ro. ux, dated January..
956;and recorded :in. Volume 401, page 595. oft Hill: ed Recgrds,
ilavg GRANTED. SOLD: AND CONVEYED, and by these presents do GRA , S L D. NVEY unto.
'.BILLY JOE SWINEY et ux JOHNIE RUTH SW
' .545 Barbara,. Burleson ., :Texas 76028' .
o(, -the : County 01 Johnson
and .State o£ Te S of
the•following described real property in Tarrant C my ex , to it:
y,A tract of land out of the JOEL SNIDER SURVEY,, Abstract No. 1448,
in Tarrant County, Texas, described by metes and bounds as follows:
T EGINNING'at - an Iron �pgst; -said- past = being the orr �tast_cor._aer d _.-
Joel'Sni der Survey;
:THENCE South 00 East along the East line of said Snider Survey, 1]0 .2
feet to an iron pin for corner;
;THENCE North 89 West, 1237.64 feet to an iron. pin "for'.corner in the
4 Easterly: line:uf'County Road, 2025,
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