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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. 1 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. Pa 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. 3 APPROVED: 7 jl��- Mayor, Brian ohnson ATTEST: j a wv ' � City Secretary, Leslie Galloway EFFECTIVE: 0'Igl 17 APPROVED AS TO FORM AND LEGALITY: � City Attorney, Wayne K. Olson 11111" illdrA 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.