O706 Zoning change from R2 to R3 for 5869 Eden roadORDINANCE NO. 706
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 8 ACRES LOCATED AT 5869 EDEN
ROAD, JESSE RUSSELL SURVEY, ABSTRACT 1361, TRACTS 9F
IMPROVEMENT, 9D, 9F01A, 9D01, 9F01 and 9D02, CITY OF KENNEDALE,
TARRANT COUNTY, TEXAS FROM "R2" SINGLE FAMILY RESIDENTIAL
DISTRICT TO "R3" SINGLE FAMILY RESIDENTIAL 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 May 21, 2020, and by the City Council of the City of
Kennedale, Texas, on June 16, 2020, 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:
SECTION 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:
INCLUDING EXHIBIT "A", PAGE 1 OF 4
0706 CITY OF KENNEDALE, TX 2020
Approximately 8 acres located at 5869 Eden Road, Jesse Russell Survey,
Abstract 1361, Tracts 9F Improvement, 9D, 9F01A, 9D01, 9F01 and 9D02, City
of Kennedale, Tarrant County, Texas on the illustration attached hereto as
Exhibit "A" and incorporated herein for all purposes of this ordinance, is hereby
rezoned from "R2" Single Family Residential District to "R3" Single Family
Residential District.
SECTION 2.
The zoning districts and boundaries 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.
S ECTION 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 the 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.
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 invalid or unconstitutional
INCLUDING EXHIBIT "A", PAGE 2 OF 4
0706 CITY OF KENNEDALE, TX 2020
by the valid judgment or decree of any court of competent jurisdiction, such invalidity or
u nconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, or 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
n ot 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 caption,
Section 1, penalty clause, publication clause and 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
n ewspaper 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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, ON THE 16T" DAY OF JUNE, 2020.
ATTEST:
Cam- C �CG
CITY SECRETARY LESLIE E GALLOWAO
APPROVED:
AY • R BRIAN JO SON
APPROVED AS TO FORM AND LEGALITY: EFFECTIVE DATE:
r
CITTORNY DREW LARFCIN
JUJCU 2�? 7,€) 7,0
INCLUDING EXHIBIT "A", PAGE 3 OF 4
0706 CITY OF KENNEDALE, TX 2020
ORDINANCE NO. 706
EXHIBIT "A"
INCLUDING EXHIBIT "A", PAGE 4 OF 4
0706 CITY OF KENNEDALE, TX 2020