R481RESOLUTION NO. 481
A RESOLUTION OF THE CITY COUNCIL THE CITY OF KENNEDALE,
TEXAS AUTHORIZING THE BOARD OF ADJUSTMENT TO INITIATE
AMORTIZATION PROCEEDINGS FOR THE PROPERTY LOCATED
AT 6737 HUDSON VILLAGE CREEK ROAD FOR THE PURPOSE OF
DISCONTINUING THE NONCONFORMING USE BY A DATE
CERTAIN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the property located at 6737 Hudson Village Creek Road, known as the
Kennedale Speedway, has been a nonconforming use under the provisions of the City's Zoning
Ordinance since 1998; and
WHEREAS, Section 17 -428 of the Kennedale, Texas Code of Ordinances (the "Code ")
provides that nonconforming uses and structures should be eventually discontinued and the use
of such premises shall be required to conform to the regulations prescribed in the Code having
due regard for the investment in such nonconforming use; and
WHEREAS, the City Council has determined that the continuing use of Kennedale
Speedway is detrimental to the orderly growth and development of the City and adversely affects
the public health, safety and welfare; and
WHEREAS, the Board of Adjustment has the authority under Section 17.4280) of the
Code to determine whether the property owner has been given an opportunity to recover its
investment in the nonconforming use from the time such property became nonconforming; and
WHEREAS, the City Council now deems it necessary to authorize the Board of
Adjustment to initiate amortization proceedings in order to discontinue the nonconforming use of
the above referenced property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS:
SECTION 1.
The City Council of the City of Kennedale, Texas, hereby finds and determines that the
recitals made in the preamble of this Resolution are true and correct, and incorporates such
recitals herein.
SECTION 2.
The City Council of the City of Kennedale, Texas hereby finds and determines that it is
in the best interest of the health, safety and welfare of the citizens of Kennedale that the property
HACity Council\Resolutions\Resolution 481.docx (02/11/16) Page 1
located at 6737 Hudson Village Creek Road, known as Kennedale Speedway, should be
amortized as a nonconforming use and that thereafter the property should be utilized in
accordance with applicable regulations of the Code.
SECTION 3.
The City Council hereby authorizes the Board of Adjustment to initiate amortization
proceedings under Section 17 -4280) of the Code for the discontinuance of the nonconforming
use of the above referenced property by conducting a hearing to determine a reasonable date for
termination of the nonconforming use based upon the recovery of the owners investment in the
nonconforming use and any othq,factors that should be considered in determining a reasonable
termination date.
SECTION 4.
This Resolution shall take effect upon its adoption.
ADOPTED this 15 day of February, 2016.
ATTEST:
CITY SECRETARY
MAYOR
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