O609ORDINANCE 609
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF KENNEDALE, TEXAS BY
REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY
OF KENNEDALE FROM "AG" AGRICULTURAL DISTRICT TO "R -2" and "R -3"
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, SOS Renovations, having a proprietary interest in the property
described below, has requested a zoning change as described below; AND
WHEREAS, the City Council has determined that the current Agricultural zoning
designation is no longer suitable for said property, given the character of surrounding
development; and
WHEREAS, a public hearing was duly held by the Planning & Zoning Commission on
the 20th day of October 2016 and by the City Council of the City of Kennedale on the 21st
day of November 2016 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:
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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:
The south half -acre of an approximately 1.5 -acre tract in the W. E. Haltom Survey,
Tarrant County, Texas, being that same property conveyed by Warranty Deed
from Donna Kay Geter to SOS Renovations LLC, instrument number
D213282537 ( "the Property "), more particularly described on Exhibit "A"
attached hereto and incorporated herein, is rezoned from "AG" Agricultural
zoning district to "R -2" Single family residential zoning district, and the remainder
of the property is rezoned from "AG" Agricultural zoning district to "R -3" 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 3.
The City Secretary is hereby directed to amend the official zoning map to reflect the
changes in classifications approved herein.
SECTION 4.
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 5.
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
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SECTION 6.
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 7.
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 8.
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 9.
The City Secretary of the City of Kennedale is hereby directed to publish the
caption, Section 1, penalty clause, publication clause and 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 10.
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 21 DAY OF NOVEMBER, 2016.
Mayor, Brian 4ohnson
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ATTEST:
a2t�
City Secretary, Leslie Galloway
EFFECTIVE: I l - Z - 5 — 1 4
APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne K. Olson
Exhibit "A"
Legal Description
Metes and Bounds Description Attached as Exhibit A to Warranty Deed Filed in Tarrant
County, Texas, D206017824
Page 3 of 4
ATTACHMENT A
ngat certain lot, tract or parcel of land located in the W.E. HALTOM SURVEY ABSTRACT
L 6t County, Texas and being the same land described in Deed to Thurman R. Henry
ra Henry, recorded in Volume 4051, Page 444, Deed Records, Tarrant County,
:� anfi --bgin ore particularly described as follows:
The ce Wort deg. 7 in. 17 sec. West, along the said common line of the W.E. Haltom
Survey, Ab act a E. Haltom Survey, Abstract 1791, a distance of the 114.69 feet
to a % in me iron t at the most Southernly Southeast corner of a tract of land
described in ed t e d and Wife, Penny L. Floyd, recorded in Volume 13154, Page
409, Deed Re a ds rra ounty, Texas;
THENCE North, a i ist n 8. 40 feet to a 3/8 inch diameter iron rod found at the "ell"
corner of said Floyd t a
THENCE South 89 deg.57mi se , ast,..�a distance of 114.69 feet to a 34 inch diameter rod
with plastic cap stamped :I- rte the most Northerly Southeast corner of said Floyd
tract, said point being in the esto sai Lo lock 1, K.I.S.D. Addition;
THENCE South (basis of bearing d i m rementioned Deed to Henry), along the West
line of said Lot 1, Block 1, KISD, Add! on, !stance of 6$ 0 feet to the PLACE of BEGINNING
and containing 1.500 acres of land.
TRACT II
Easement estate from Merle M. Caruthers an ife r ti Caruthers to Thurman R. Henry
and wife, Barbara Henry in deed recorded in Volume O 47, Deed Records, Tarrant
County, Texas, described as follows:
BEGINNING at a point 171.7 feet E. and 2640 feet S. of the c r o said Haltom Survey,
thence East 50 feet;
THENCE N 568.17 feet to a point for corner;
THENCE West 50 feet to a pin for corner;
THENCE South 568.17 feet to the Point of Beginning
A.P.N. 04469569