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O592 - DENIEDORDINANCE 5 9 2 AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED; REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE OF KENNEDALE FROM "C -1" RESTRICTED COMMERCIAL DISTRI e TO "R- 1" SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING t OR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFCT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE/ UMULATIVE 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 Punicipality acting under its charter adopted by the electorate pursuant to Article XI, of the T xas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, pursuant to Chapter 211 of th Local'°G V7nment Code, the City has adopted a comprehensive zoning ordinance and map,fegulating th location and use of buildings, other structures and land for business, industrial, `re eytial, or other purposes, for the purpose of promoting the public health, safety, moral and ge ral welfare, all in accordance with a comprehensive plan; and WHEREAS, Adam Blow has filed 4n,.,applica on to rezone the property described below and on Exhibit "A" (attached) fr / its present classification of "C -1" Restricted Commercial District to "R -1" Single Family Re6i pntigf Distri t; and WHEREAS, the City q6uncil has deter fined that the requested rezoning is consistent with the comprehensive land use; and � 7 WHEREAS, a public hear ng "'as my held by the Planning and Zoning Commission of the City of Kennedale on the 17th A da of March 2016 and by the City Council of the City of Kennedale on the 21 st day of Mar g 2016 with respect to the zoning changes described herein; and WHEREAS, all requirem7`nts of law dealing with notice to other property owners, publication and all procedural require ents have been complied with in accordance with Chapter 211 of the Local Government Code:nd WHEREAS, the Pity Council does hereby deem it advisable and in the public interest to amend the City's Zoeiing Ordinance as described herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: 1 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 0.5 acre portion of Tract 6 in the J M Lilly Survey A -980, Tarrant County, Texas ( "the Property "), as more particularly described on Exhibit "A" attached hereto and incorporated herein and as shown on Exhibit "B" attached hereto, from "C -1" Restricted Commercial District to "R -1" Single Family Residential 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. 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. 2 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 17th DAY OF OCTOBER 16. Brian Johns ATTEST: City Secretary, Leslie Galloway EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney, Wayne K. Olson Exhibit A Description of Property An approximately 0.5 acre portion of Tract 6 in the J M Lilly Survey A -980, Tarrant County, Texas, as more particularly described as a portion of that property described in a warranty deed to Clyde Bedford, filed in the Tarrant County Clerk's Office records as instrument number D205383312. Exhibit B Map showing location of the property