O668ORDINANCE NO. 668
AN ORDINANCE AMENDING ORDINANCE NO, 561, BY REVISING
THE REQUIREMENTS FOR BUILDING MATERIALS IN THE "PD"
PLANNED DEVELOPMENT ZONING DISTRICT FOR PROPERTY
LOCATED AT 6901 MANSFIELD CARDINAL ROAD, LOT 4, JESSE
RUSSELL ADDITION IN THE CITY OF KENNEDALE; 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 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, the City Council has adopted a Unified Development Code that
regulates 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
that otherwise regulates the development and use of properties within the city limits of
the City of Kennedale; and
WHEREAS, the City of Kennedale, by Ordinance No. 561, previously approved a
Planned Development zoning district for property located at 6901 Mansfield Cardinal
Road, Lot 4, Jesse Russell Addition, City of Kennedale, Texas ("Property"); and
WHEREAS, the owner of the Property has applied for an amendment to the "PD"
Planned Development District to change the requirement for masonry requirements on
existing buildings; and
WHEREAS, a public hearing was duly held by the Planning and Zoning
Commission of the City of Kennedale on the 27th day of June, 2019, and by the City
Council of the City of Kennedale on the 16th day of July, 2019, 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 make the amendments described herein.
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0668 CITY OF KENNEDALE, TX 2019
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
Section 2 of Ordinance No. 561 is amended by revising subsection 2 7 to
read as follows:
7. Building Materials: All primary structures constructed after the date
this ordinance is adopted shall have exterior building materials of 80%
masonry, as that term is defined in Section 32 2 of the Kennedale
Unified Development Code.
SECTION 2.
This Ordinance shall be cumulative of all provisions of Ordinance No. 561, as
amended, and of the Code of Ordinances of the City of Kennedale, Texas, 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.
S ECTION 3.
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.
S ECTION 4.
All rights or remedies of the City of Kennedale, Texas are expressly saved as to
any and all violations of any ordinances governing land use 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.
S ECTION 5.
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
invalid or unconstitutional by the valid judgment or decree of any court of competent
jurisdiction such invalidity or 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 invalid or unconstitutional phrase, clause, sentence, paragraph,
or section.
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0668 CITY OF KENNEDALE, TX 2019
SECTION 6.
The City Secretary of the City of Kennedale is hereby directed to publish the
ordinance as required by law.
SECTION 7.
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 BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THIS THE 16T" DAY OF JULY, 2019.
ATTEST:
SECRETARY LESLIE E. GALLOWAY
APPROVED AS TO FORM AND LEGALITY:
CITY A ORNEY DREW LARKI
APPROVED:
MAYOR BRIAN JOHNSON
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0668 CITY OF KENNEDALE, TX 2019