O620ORDINANCE N O. 6 2 0
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED;
REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE
CITY OF KENNEDALE FROM "R -3" SINGLE FAMILY RESIDENTIAL
DISTRICT AND "C -1" RESTRICTED COMMERCIAL DISTRICT TO "EC -2"
EMPLOYMENT DISTRICT OFFICE AND SERVICE 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, the property described below is within an area designated as Employment
Center in the Future Land Use Plan within the comprehensive land use plan; and
WHEREAS, the City Council has determined that the "EC" Employment Center zoning
district is the most suitable zoning district for the property described below, in accordance with
the comprehensive land use plan and with the Employment Center Master Plan; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the
City of Kennedale on the 19 day of January 2017 and by the City Council of the City of
Kennedale on the 23` day of January 2017 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.
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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 2.54 acre tract in the David Strickland Survey A -1376, more
particularly described as Lot 1 R, Block 5, Oak Crest, Tarrant County, Texas ( "the
Property "), as more particularly described on Exhibit "A" attached hereto and
incorporated herein, "R -3" Single family residential district and "C -1" Restricted
commercial district to "EC -2" Employment District Office and Service 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
ordinances are in direct conflict with the provisions of this ordinance.
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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, 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 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 23 DAY OF JANUARY 2017.
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APPROVED:
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Mayor, Brian ohnson
ATTEST:
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City Secretary, Leslie Galloway
EFFECTIVE:
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APPROVED AS TO FORM AND LEGALITY:
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City Attorney, Wayne K. Olson
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METES AND BOUNDS DESCRIPTION
PROPOSED LOT 1R, BLOCK 5, OAK CREST
CITY OF KENNEDALE, TARRANT COUNTY, TEXAS
BEING A TRACT OF LAND SITUATED IN THE DAVID STRICKLAND SURVEY, ABSTRACT NO. 1376, CITY OF
KENNEDALE, TARRANT COUNTY, TEXAS, AND BEING ALL OF LOTS 1, 2, 3, 4, 5, 13, 14, 15, AND 16 AND A
PORTION OF LOTS 6 AND 12 ALL IN BLOCK 5 OF OAK CREST, AS RECORDED IN VOLUME 388 -C, PAGE 81
IN THE PLAT RECORDS OF TARRANT COUNTY, TEXAS AND AS CONVEYED TO KENNEDALE ECONOMIC
DEVELOPMENT CORPORATION BY INSTRUMENTS RECORDED IN COUNTY CLERK'S INSTRUMENT
NUMBERS: D216142741, D216142742, D213146389, D214022831, D216215916, D215215412,
D216085929, D214147258, AND D214174286 ALL IN THE OFFICIAL PUBLIC RECORDS OF TARRANT
COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING AT A 5/8 -INCH IRON ROD FOUND WITH BLUE PLASTIC CAP STAMPED "SHIELD
ENGINEERING" FOR THE NORTHERN CORNER OF SAID LOT 1 AND BEING AT THE INTERSECTION OF THE
SOUTHWEST RIGHT -OF -WAY LINE OF HIGH RIDGE ROAD (A 50 -FOOT RIGHT -OF -WAY) AND THE
SOUTHEAST RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY 20 (A VARIABLE WIDTH RIGHT -OF -WAY);
THENCE SOUTH 49 0 13'33" EAST, ALONG THE COMMON NORTHEAST LINE OF SAID LOT 1 AND SAID
SOUTHWEST RIGHT -OF -WAY LINE, AT A DISTANCE OF 109.62 FEET PASSING A 1 -INCH IRON PIPE FOUND
FOR THE COMMON EASTERN CORNER OF SAID LOT 1 AND THE NORTHERN CORNER OF SAID LOT 2 AND
CONTINUING IN ALL A TOTAL DISTANCE OF 168.26 FEET TO A 5/8 -INCH IRON ROD FOUND WITH BLUE
PLASTIC CAP STAMPED "SHIELD ENGINEERING" FOR AN ANGLE POINT IN SAID COMMON LINE;
THENCE SOUTH 53 °05'30" EAST, CONTINUING ALONG THE COMMON NORTHEAST LINE OF LOTS 2, 3, 4,
5,6 AND SAID SOUTHWEST RIGHT -OF -WAY LINE, AT A DISTANCE OF 46.30 FEET PASSING A 1 -INCH IRON
PIPE FOUND FOR THE COMMON EASTERN CORNER OF SAID LOT AND THE NORTHERN CORNER OF
SAID LOT 3 AND CONTINUING IN ALL A TOTAL DISTANCE OF 377.69 FEET TO A 5/8 -INCH IRON ROD SET
WITH BLUE PLASTIC CAP STAMPED "SHIELD ENGINEERING "IN THE FUTURE NORTHWEST LINE OF LINK
STREET (A PROPOSED 50 -FOOT RIGHT -OF -WAY);
THENCE SOUTH 47 °26'09" WEST, ALONG SAID FUTURE NORTHWEST RIGHT -OF -WAY LINE, A DISTANCE
OF 50.10 FEETTO A 5/8 -INCH IRON ROD SET WITH BLUE PLASTIC CAP STAMPED "SHIELD ENGINEERING"
FOR A POINT OF CURVATURE OF A CURVE TO THE LEFT IN SAID NORTHWEST RIGHT -OF -WAY LINE;
THENCE WITH THE ARC OF SAID CURVE TO THE LEFT AND CONTINUING ALONG SAID NORTHWESTERLY
RIGHT -OF -WAY LINE, AN ARC DISTANCE OF 165.16 FEET TO A 5/8 -INCH IRON ROD SET WITH BLUE
PLASTIC CAP STAMPED "SHIELD ENGINEERING" IN THE COMMON SOUTHWEST LINE OF SAID LOT 12
AND THE NORTHEAST RIGHT -OF -WAY LINE OF KENNEDALE STREET (A 50 -FOOT RIGHT -OF -WAY), SAID
CURVE TO THE LEFT HAVING A DELTA ANGLE OF 18 °01'44 ", A RADIUS OF 524.88 FEET, AND A CHORD
BEARING AND DISTANCE OF SOUTH 38 °27'07" WEST, 164.48 FEET;
THENCE NORTH 61 °27'26" WEST, ALONG SAID COMMON SOUTHWEST LINE OF LOT 12 AND SAID
NORTHEAST RIGHT -OF -WAY LINE, A DISTANCE OF 19.87 FEETTO A 5/8 -INCH IRON ROD SET WITH BLUE
PLASTIC CAP STAMPED "SHIELD ENGINEERING" FOR A POINT OF CURVATURE OF A CURVE TO THE RIGHT
IN SAID COMMON LINE;
THENCE WITH THE ARC OF SAID CURVE TO THE RIGHT AND ALONG THE COMMON SOUTHWEST LINE OF
SAID LOT 12, 13, 14 AND CONTINUING ALONG SAID NORTHEAST RIGHT -OF -WAY LINE, AT AN ARC
DISTANCE OF 28.40 FEET PASSING A 1 -INCH IRON PIPE FOUND FOR THE COMMON WEST CORNER OF
SAID LOT 12 AND THE SOUTH CORNER OF SAID LOT 13, AND AT A CUMULATIVE ARC DISTANCE OF
148.20 FEET PASSING A 5/8 -INCH IRON ROD FOUND WITH BLUE PLASTIC CAP STAMPED "SHIELD
ENGINEERING" FOR THE COMMON WESTERN CORNER OF SAID LOT 13 AND THE SOUTHERN CORNER OF
SAID LOT 14, FROM WHICH A 1/2 -INCH IRON ROD FOUND BEARS NORTH 75 °05'55" EAST, A DISTANCE
OF 4.18 FEETAND CONTINUING IN ALL, A TOTAL ARC DISTANCE OF 192.10 FEET TO A 5/8 -INCH IRON
ROD SET WITH BLUE PLASTIC CAP STAMPED "SHIELD ENGINEERING", SAID CURVE TO THE RIGHT
HAVING A DELTA ANGLE OF 15 °17'49", A RADIUS OF 719.53 FEET, AND A CHORD BEARING AND
DISTANCE OF NORTH 54 °11'54" WEST, 191.53 FEET;
THENCE NORTH 46 °00'47" WEST, ALONG THE COMMON SOUTHWEST LINE OF SAID LOT 14, 15, 16 AND
SAID NORTHEAST RIGHT -OF -WAY LINE, AT A DISTANCE OF 76.12 FEET PASSING A 1 -INCH IRON PIPE
FOUND FOR THE COMMON WESTERN CORNER OF SAID LOT 14 AND THE SOUTHERN CORNER OF LOT 15,
AT A DISTANCE OF 166.46 FEET PASSING A 5/8 -INCH IRON ROD FOUND WITH BLUE PLASTIC CAP
STAMPED "SHIELD ENGINEERING" FOR THE COMMON WESTERN CORNER OF SAID TRACT DESCRIBED IN
INSTRUMENT NO. D214147258 AND THE SOUTHERN CORNER OF SAID TRACT DESCRIBED IN
INSTRUMENT NO. D214174286, AT A DISTANCE OF 187.18 FEET PASSING A 1 -INCH IRON PIPE FOUND
FOR THE COMMON WESTERN CORNER OF SAID LOT 15 AND THE SOUTHERN CORNER OF SAID LOT 16,
AT A DISTANCE OF 213.79 FEET PASSING A 5/8 -INCH IRON ROD FOUND WITH BLUE PLASTIC CAP
STAMPED "SHIELD ENGINEERING" FOR THE COMMON WESTERN CORNER OF SAID TRACT DESCRIBED IN
INSTRUMENT NO. D214174286 AND THE SOUTHERN CORNER OF SAID TRACT DESCRIBED IN
INSTRUMENT NO. D216142742 AND CONTINUING IN ALL, A TOTAL DISTANCE OF 308.49 FEETTO A 5/8-
INCH IRON ROD FOUND FOR THE WESTERN CORNER OF SAID LOT 16 AND BEING AT THE INTERSECTION
OF SAID NORTHEAST RIGHT -OF -WAY LINE WITH THE AFOREMENTIONED SOUTHEAST RIGHT -OF -WAY
LINE OF INTERSTATE HIGHWAY 20;
THENCE NORTH 32 °34'13" EAST, ALONG THE COMMON NORTHWEST LINE OF SAID LOT 16, LOT 1 AND
SAID SOUTHERLY RIGHT -OF -WAY LINE, AT A DISTANCE OF 87.12 FEET PASSING A 5/8 -INCH IRON ROD
FOUND FOR THE COMMON NORTHERN CORNER OF SAID LOT 16 AND THE WESTERN CORNER OF SAID
LOT 1, AND CONTINUING IN ALL, A TOTAL DISTANCE OF 194.15 FEETTO THE POINT OF BEGINNING AND
CONTAINING 110,791 SQUARE FEET OR 2.543 ACRES OF LAND, MORE OR LESS.