O669ORDINANCE NO. 669
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF
THE CITY OF KENNEDALE, TEXAS, BY CHANGING THE ZONING
CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE CITY OF
KENNEDALE, BEING APPROXIMATELY 12 ACRES LOCATED AT 406
CRESTVIEW DRIVE, BLOCK 2, LOT 1, HAMMACK CREEK ADDITION,
121 E KENNEDALE PARKWAY, BLOCK 2, LOT 2, HAMMACK CREEK
ADDITION, 129 E. KENNEDALE PARKWAY, BLOCK 2, LOT 3,
HAMMACK CREEK ADDITION, 220 KENNEDALE SUBLETT RD,
BLOCK 2, LOT 4, HAMMACK CREEK ADDITION, 337 KENNEDALE
SUBLETT ROAD, JESSE B RENFRO SURVEY, ABSTRACT 1260,
TRACT 3D, AND 345 KENNEDALE SUBLETT ROAD, JESSE B
RENFRO SURVEY, ABSTRACT 1260, TRACT 3D01, CITY OF
KENNEDALE, TEXAS, FROM "AG" AGRICULTURAL DISTRICT TO
"UV" URBAN VILLAGE DISTRICT; PROVIDING FOR THE
AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH
CHANGE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY 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; 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, a change in the zoning classification of the property listed below was
requested by a person or entity having a proprietary interest in said property; and
WHEREAS, a public hearing was duly held by the Planning and Zoning
Commission of the City of Kennedale on June 27, 2019, and by the City Council of the
City of Kennedale on July 16, 2019, with respect to the zoning change 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
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0669 CITY OF KENNEDALE, TX 2019
WHEREAS, the City Council of the City of Kennedale, Texas does hereby deem
it advisable and in the public interest to amend the Unified Development Code, as
amended, as described herein.
N OW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1.
The Unified Development Code, as amended, is hereby amended so that the
classification and permitted uses in the hereinafter described area shall be altered,
changed and amended as described below:
Approximately 12 acres located at 406 Crestview Drive, Block 2, Lot 1,
Hammack Creek Addition, 121 E Kennedale Parkway, Block 2, Lot 2,
Hammack Creek Addition, 129 E Kennedale Parkway, Block 2, Lot 3,
Hammack Creek Addition, 220 Kennedale Sublett Rd, Block 2, Lot 4,
Hammack Creek Addition, 337 Kennedale Sublett Road, Jesse B Renfro
S urvey, Abstract 1260, Tract 3D, and 345 Kennedale Sublett Road, Jesse
B Renfro Survey, Abstract 1260, Tract 3D01, City of Kennedale, Tarrant
County, Texas, is hereby rezoned from "AG" Agricultural District to "UV"
U rban Village 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
allowed 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.
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0669 CITY OF KENNEDALE, TX 2019
SECTION 4.
The use of the property hereinabove described shall be subject to all the
applicable regulations contained in the Unified Development Code, as amended, and all
other applicable and pertinent ordinances of the City of Kennedale, Texas.
SECTION 5.
This Ordinance shall be cumulative of the Unified Development Code, as
amended, and all other 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 6.
All rights or remedies of the City of Kennedale, Texas are expressly saved as to
any and all violations of Unified Development Code, as amended, 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 7.
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.
SECTION 8.
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 9.
The City Secretary of the City of Kennedale is hereby directed to publish the
ordinance as required by law.
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0669 CITY OF KENNEDALE, TX 2019
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 BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THIS THE 16TH DAY OF JULY, 2019.
ATTEST:
CITY SECRETARY LESLIE E. GALLOWAY
APPROVED AS TO FORM AND LEGALITY:
CITY ATT a RN EY DEW LARKIN
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APPROVED:
MAYOR BRIAN JOHNSON
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0669 CITY OF KENNEDALE, TX 2019