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O671ORDINANCE NO. 671 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 6 ACRES DESCRIBED AS ABSTRACT 792, TRACT 1, LESS HS, JAM ES R HAWKINS SURVEY, FROM "R-3" SINGLE FAMILY RESIDENTIAL DISTRICT TO "C-2" GENERAL COMMERCIAL 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, Texas, on July 30, 2019, and by the City Council of the City of Kennedale, Texas, on August 20, 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 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: PAGE 1 OF 4, INCLUDING "EXHIBIT A" 0671 CITY OF KENNEDALE, TX 2019 S ECTION 1. The Unified Development Code, as amended, is hereby amended so that the permitted uses in the hereinafter described area shall be altered, changed and amended as shown and described below: Approximately 6 acres, located at 5306 Kennedale Sublett Road, and being described as Abstract 792, Tract 1, Less HS, James R Hawkins Survey, Tarrant County, Texas, on the illustration attached hereto as Exhibit "A" and incorporated herein for all purposes of this ordinance, is hereby rezoned from "R-3" Single Family Residential District to "C-2" General Commercial District. S ECTION 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. S ECTION 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 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. S ECTION 5. This Ordinance shall be cumulative of the Unified Development Code, as amended, and all other Ordinances of the City of Kennedale, Texas, 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 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. PAGE 2 OF 4, INCLUDING "EXHIBIT A" 0671 CITY OF KENNEDALE, TX 2019 S ECTION 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 u nconstitutional 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 u nconstitutional phrase, clause, sentence, paragraph or section. S ECTION 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. S ECTION 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 o rdinance 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 BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THIS THE 20T" DAY OF AUGUST, 2019. APPROVED: ATTEST: CITY SECRETARY LESLIE . GALLOWAY IOHNSON APPROVED AS TO FORM ANQ LEGALITY: EFFECTIVE DATE: A To'NEY CITY DREW LARKIN Fktkc%t1t ?0, R) Ki o° e / • c > a' C+s o �o IQ 1. ft ` J . fe coae700000 iv • " • o d<e) tP O. ct � u O� " �. °"a J s ca 0 00 4i as A t O J (.4_,(.4_, cpi o a'.� o '.•e PAGE 3 OF 4, INCLUDING "EXHIBIT A" 0671 CITY OF KENNEDALE, TX 2019 ORDINANCE NO. 671 EXHIBIT A . .,.,,,,a. I •, I II Ill PAGE 4 OF 4, INCLUDING "EXHIBIT A" 0671 CITY OF KENNEDALE, TX 2019 Star -Telegram MEDAL Arlington Citizen -Journal I The Keller Citizen I La Estrella Mansfield News -Mirror Star -Telegram Northeast I Weatherford Star -Telegram star-telegram.com 1808 Throckmorton St. I Ft Worth, Tx. 76102,-6315 Customer CITY OF KENNEDALE Customer Account 600629 Customer Address 405 MUNICIPAL DR KENNEDALE TX 760602249 USA Customer Phone 817-478-5418 Customer Fax Sales Rep agrisham@mcclatchy.com Order Confirmation Payor Customer CITY OF KENNEDALE Payor Account 600629 Payor Address 405 MUNICIPAL DR KENNEDALE TX 760602249 USA Payor Phone 817-478-5418 Customer EMail rericson@cityoficennedale.com Order Taker agrisham@mcclatchy.com PO Number Payment Method ORDINANCE NO. 671/CITY OF KI Invoice Blind Box Tear Sheets 0 Proofs 0 Affidavits 1 Net Amount $625.46 Tax Amount $0.00 Total Amount $625.46 Payment Amount $0.00 Amount Due $625.46 Ad Order Number 0004351250 Order Source Ordered By Melissa Dailey, AICP Invoice Text ORDINANCE NO. 671/CITY OF KENNEDALE ORDINANCE NO. 672 Package Buy Special Pricing Promo Type Materials 8/21 /2019 11:26:34AM Page 1 of 4 _FRP,M1_ordarConfrmation.rpt Ad Order Information Ad Number 0004351250-01 Ad Type FTW-Legal Liner Production Method Production Notes AdBooker External Ad Number Ad Attributes Ad Size 1 X 200 li Color Ad Released No Pick Up Product Placement Times Run Schedule Cost FTW- Star -Telegram 0300 - Legals Classified 2 $610.46 Run Schedule Invoice Text Position CITY OF KENNEDALE ORDINANCE NO. 671 AN Run Dates 08/23/2019, 08/30/2019 0301 - Legals & Public Notices Product Placement Times Run Schedule Cost FTW-Upsell ST.Com 0300 - Legals Classified 2 $15.00 Run Schedule Invoice Text Position CITY OF KENNEDALE ORDINANCE NO. 671 AN Run Dates 08/23/2019, 08/30/2019 0301 - Legals & Public Notices 8/21/2019 11:26:34AM Page 2 of 4 _FRM_OrderConfirmation.rpt CITY OF KENNEDALE ORDINANCE NO. 6fl API ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF K.ENNEDAiE, TEXAS, BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE CITE OF KENNEDALE, BE- ING APPROXIMATELY 6 ACRES DESCRIBED AS ABSTRACT 792, TRACT 1, LESS HS, JAMES R HA WKINS SURVEY, FROM "Rs tom" SINGLE FA?aY RESIDEN- TIAL DISTRICT TO '\C-2" GEN- ERAL COMMERCIAL DISTRICT; PROVIDING FOR THE AMEND- MENT OF THE OFFICIAL ZON- ING MAP TO REFLECT SUCH CHANGE` PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI• NANCES; PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDs ING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATIONS IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE, / SECTION 1, THE UNI- FIED DEVELOPMENT CODED AS AMENDED, IS HEREBY AMEND- ED SO THAT THE PERMITTED USES RI THE HEREINAFTER DESCRIBED AREA SHALL BE ALTERED CHANGED AND AMENDED AS SHOWN AND DE- SCRIBED BELOW, // APPROXI• MATELY 6 ACRES LOCATED AT 5306 KENNEDALE SUBLETT ROAD, AND BEING DESCRIBED AS ABSTRACT 792r TRACE 15 LESS HS, JAIOES R HAWE INs SURVEY, TARRANT COUNTY, TEXAS, ON THE ILLUSTRATION ATTACHED HERETO AS EXHIB- IT '"A" AND INCORPORATED HEREIN FOR ALL PURPOSES OF THIS ORDINANCE, 1$ HEREBY REZONED FROM "Ra3» SINGLE FAMILY RESIDENTIAL DIS- TRICT To "C-r GENERAL COM- MERCIAL DISTRICT. / SECTION 8. ANY PERSON, FIRM OR COR- PORATION WHO VIOLATES, DISOBEYS, OMITS, NEGLECTS OR REFUSES TO COMPLY WITH OR WHO RESISTS ENFORCE- MENT OF ANY OF THE PROVI- SIONS OF THIS ORDINANCE SHALL BE FINED NOT MORE THAN TWO THOUSAND DOL- LARS. ($2,000,00) FOR EACH OFFENSE- EACH DAY THAT A VIOLATION IS PERMITTED TO EXIST SHALL CONSTITUTE A SEPARATE OFFENSE, j SEC- TION 9. THE CITY SECRETARY OF THE CITY OF KENNEDALE IS HEREBY DIRECTED TO PUBLISH THE CAPTION, SECTION 1 PEN- ALTY CLAUSE, PUBLICATION CLAUSE AND EFFECTIVE DATE CLAUSE OF THIS ORDINANCE IN EVERY ISSUE OF THE OFFI- CIAL NEWSPAPER OF THE CITY or gtweiEDALE IOR 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 F30M AND AFTER ITS PASSAGE AND PUBLICATION AS REQUIRED BY LAW AND IT IS 50 ORDAINED, / PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE TEXAS, THIS THE 20TH DAY OF AUGUST, 2019, APPROVED /5/ MAYOR BRIAN JOHNSON f ATTEST /5/ CITY SECRETARY LESLIE E. GALLO- WAY / APPROVED AS TO FORM AND LEGALITY /5) CITY ATTORNEY DREW LARKIN CITY OF KENNEDALE ORDINANCE NO.672 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE Ttw }C DIVTY OF M C i'�E[� 1ud 8/21 /2019 11: 23:34AM Page 3 of 4 _FRM_orderConfirmation.rpt 1 LAM./ L1 I i I IIaItU1i'IU 1 1 IL ZONING CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE CITY OF KENNEDALE, BE- ING APPROXIMATELY 2 ACRES DESCRIBED AS ABSTRACT 378, TRACT 1DDO1, E C CANON SURVEY, FROM "I" INDUSTRI• AL DISTRICT TO "C-2" GENER- Ai. COMMERCIAL DISTRICT: PROVIDING FOR THE AMEND• MENT OF THE OFFICIAL ZON- ING MAP TO REFLECT SUCH CHANGE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES; PROVIDING A SAV• INGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVID- ING A SEVEPABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE QFFlCI.AL NEWSPAPER: AND PROVIDING AN EFFECTIVE DATE, f SECTION 1, THE UNI- FIED DI;VI LOPMIINT CObE AS AMENDED, IS HEREBY AMEND- ED SO THAT THE PERMITTED USES IN THE HEREINAFTER DESCRIBED AREA SHALL BE ALTERED, CHANGED AND AMENDED AS SHOWN AND DE- SCRIBED BELOW: APPROXI- MATELY 2 ACRES, LOCATED AT 1170 E KENNEDALE PARKWAY, AND BEING DESCRIBED AS AB- STRACT 378, TRACT 1DDO1, E C CANNON SURVEY, �rTA+R(}RANT COUNTY, T, TEXAS, ON ! HE IL- LUSTRATION ATTACHED HERE* TO AS EXHIBIT "AR AND IN- CORPORATED HEREIN FOR ALL PURPOSES OF THIS ORDI' NANCE, IS HEREBY REZONED FROM "I" INDUSTRIAL DIS- TRICT TO "Ca2" GENERAL COME MERCIAL DISTRICT, / SECTION 8. ANY PERSON, FIRM OR CORPO- RATION WHO VIOLATES DISQ- BEYS, OMITS, NEGLECTS OR REFUSES TO COMPLY WITH OR VINO RE$ISTs ;UFORcEMENT OF ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE FINED NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH 0F• FI2NSE, EACH DAY THAT A VI- OLATION IS PERMITTED TO EX- IST SHALL CONSTITUTE A SEP, AR ATE OFFENSE, / SECTION 9, THE CITY SECRETARY OF THE CITY OF KENNEDALE, TEXAS, IS HEREBY DIRECTED TO PUB- LISH THE CAPTION SECTION 1, PENALTY CLAUSE, PUBLICA• TION CLAUSE AND EFFECTIVE DATE CLAUSE OF THIS ORDI- NANCE IN EVERY ISSUE OF THE OFFICIAL NEWSPAPER OF THI; CITY of KENNEDALE FOR TWO DAYS OR ONE ISSUE OF THE NEWSPAPER IF THE OFFI, CIA', NEWSPAN1=R IS A WEEK- LY NEWSPAPER AS AUTHOR- IZED BY SECTION 3,10 OF THE CITY OF KENNEDALE CHAR.WER, SECTION 10. THIS ORDI- NANCE SHALL BE IN FULL FORC..5. AND EFFECT FROM AND AFTER ITS PASSAGE AND PUB- LICATION AS REQUIRED BY LAW AND IT IS SO ORDAINED, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE TEXAS, THIS THE 20TH DAY OF AU- GUST, 2019, APPROVED /S} MAYOR BRIAN JOHNSON AT- TEST /S/ CITY SECRETARY LE- SLIE E. GALLOWAY / AP= PROVED AS TO FORM AND LE- GALITY /Si CITY ATTORNKY DREW LARKIN 8/21/2019 1 1.26:34AM Page 4 of 4 _FRM_orderConfirmation.rpt