O598ORDINANCE NO 598
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 17 OF THE
KENNEDALE CITY CODE (1991), AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF KENNEDALE, TEXAS BY AMENDING
ORINANCE 587 ESTABLISHING THE SWINEY ESTATES PLANNED
DEVELOPMENT DISTRICT BY AMENDING THE CONCEPT PLAN;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; 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, 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, a change in the zoning classification of the property described below was
approved by Ordinance 587 on January 18, 2016, which established the Swiney Estates
Planned Development District; and
WHEREAS, a concept plan was approved as an Exhibit to Ordinance 587, and that
concept plan is no longer feasible or practicable due to site topography, the location and
size of floodplain on the property, and other existing development constraints, and CHC
Development has requested a revised concept plan be approved to address those
constraints; and
WHEREAS, the Planning and Zoning Commission of the City of Kennedale, Texas held
a public hearing on May 19, 2016, and the City Council of the City of Kennedale, Texas
held a public hearing on June 27, 2016, with respect to the amendments described
herein; and
Whereas, the City has complied with all requirements of Chapter 211 of the Local
Government Code, Section 17 -429 of the Zoning Ordinance, and all other laws dealing
with notice, publication, and procedural requirements for the approval of amending the
Schedule of Uses under Section 17 -421 of the Kennedale City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, THAT:
SECTION 1.
The Swiney Estates Planned Development District concept plan is hereby amended as
follows:
See Exhibit "A ".
SECTION 2.
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, except when
the provisions of this Ordinance are in direct conflict with the provisions of such
ordinances and such code, in which event the conflicting provisions of such ordinances
and such code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clause, or phrase 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 sections, paragraphs,
sentences, clause, and phrases of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of any such
unconstitutional section, paragraph, sentence, clause, or phrase.
SECTION 4.
Any person, firm, or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this
Ordinance shall be fined not more than Two Thousand Dollars ($2,000.00). Each day
that a violation is permitted to exist shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of the provisions of any ordinances governing zoning 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, whether pending in court or
not, under such ordinances, same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, Section 1, the penalty clause,
the publication clause, and the effective date clause of this ordinance as provided by
Section 3.10 of the Charter of the City of Kennedale.
SECTION 7.
This Ordinance shall be in full force and effect from and after the date of its
passage and publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 27 DAY OF JUNE 2016.
BRIAN JOHN UN, MAYOR
APPROVED AS TO FORM AND LEGALITY:
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