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O714 One minmum Story for Buildings in Table 4.3 "Spatial Requirements: Old Town DistrictsORDINANCE NO. 714 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF KENNEDALE, TEXAS, BY AMENDING TABLE 4.3 "SPATIAL REQUIREMENTS: OLD TOWN DISTRICTS" BY ALLOWING FOR A MINIMUM OF ONE STORY FOR PRINCIPAL BUILDINGS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AND 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 the City of Kennedale Unified Development Code ("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 Planning and Zoning Commission of the City of Kennedale, Texas held a public hearing on September 10, 2020, and the City Council of the City of Kennedale, Texas held a public hearing on September 15, 2020, with respect to the amendments described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, Article 22 of the Unified Development Code, and all other laws dealing with notice, publication, and procedural requirements for amending the Unified Development Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1. Table 4.3 "Spatial Requirements: Old Town Districts" of the Unified Development Code is hereby amended to read as follows: PAGE 1 OF 3 0714 CITY OF KENNEDALE, TX 2020 Table 4.3 Spatial Requirements: Requirement OT-1 Old Town Districts OT-2 OT-3 OT-4 Lots Min. Area (s.f.) 8,000 5,000 5,000 5,000 Min. Width (ft.) 60 50 50 50 Depth (ft.) 120 80 100 100 Max. Impervious (%) 50 70 75 75 Setbacks.' Min. Front (ft.) Primary 20 10 5 5 Secondary 5 5 5 5 Min. Side (ft.) 5 5 5 5 Min. Rear (ft.) 15 15 5 5 Principal Buildings Max. Height (ft.) 35 35 50 50 Max. Stories (number) Sec. 4.4 Sec. 4.4 3 3 Min. Stories (number) 1 1 1 1 Min. GFA (s.f.) 1,500 1,500 1,000 1,050 Min. Masonry (%) Sec. 4.4 Sec. 4.4 Sec. 4.5 Sec. 4.5 Maximum GFA (s.f.) 5,000 5,000 - - Accessory Buildings (100 s.f. +) Max. Number 1 1 1 1 Max Size (% of rear yard) 10 10 10 10 Max. Height (ft.) 15 15 15 15 Max. Stories (number) 1 1 1 1 Min. Side Setback (ft.)Z 0 0 0 0 Min. Rear Setback (ft.)Z 0 0 0 0 Min. Setback from Principal (ft.) 5 5 5 5 SECTION 2. This Ordinance shall be cumulative of all provisions of ordinances and of the Unified Development Code of the City of Kennedale, Texas (2016), as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that in the event the sections, paragraphs, sentences, clauses, or phrases 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 sections, paragraphs, sentences, clauses, and phrases 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 section, paragraph, sentence, clause, or phrase. PAGE 2 OF 3 0714 CITY OF KENNEDALE, TX 2020 SECTION 4. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not more than Two Thousand Dollars ($2,000.00). Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of any ordinances governing development or land use 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, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Kennedale is hereby directed to publish in the official newspaper of the City of Kennedale the caption, the penalty clause, the publication clause, and the effective date clause of this ordinance as provided by Section 3.10 of the Charter of the City of Kennedale. SECTION 7. This Ordinance shall be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. DULY PASED, ADOPTED, AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, ON THE 15TH DAY OF SEPTEMBER, 2020. ATTEST: (gv/a/7 CITY SECRETARY LESLIE E. GALLoWJ Y APPROVED AS TO FORM AND LEGALITY: CITY EY DREW LARKIN APPROVED: MAYOR BRIAN JOHNSON EFFECTIVE DATE: a° 053 "a03@@OF " ,`' B B97 94`� PAGE 3 OF 3 0714 CITY OF KENNEDALE, TX 2020 StarTelegra MEDIA Arlington Citizen -Journal IThe Keller Citizen ILaEstrella Mansfield News -Mirror IStar-Telegram Northeast IVVuathnrford Star -Telegram Customer ���� ��uv���� USA Confirmation PaVor ovvmmv, CITY oFKENNsDALE Customer Account CITY oFKeNNsoALE pavv,Avvount on0000 Customer Address onnazn puvv,Auumso 4O5MUNICIPAL om KENNeoALETX70000uo4o Customer Phone 4onMUNICIPAL on KeNNeo^LETXrsOooux4nUSA Puvo,p»one 817-360-0522 Customer Fax 817-360'0522 ouommo,emvn Sales Rep mhouvn@oityofkennoda|v.00m Order Taker aghoham@moo|utohy.cmm aghohum@modotchy.00m PO Number Payment Method Blind Box Tear Sheets pmvm xffmuwts Invoice o o 1 wetAmvunt Tax Amount Total Amount Payment Amount Amount Due $90.98 $0.00 $80.98 $0.00 $90.*8 xuOrder Number Order Source Ordered By Special Pricing 0004701983 Invoice Text LenL|E E. GALLnVVA( Promo Type Package Buy Moov,/u/x Ad Order Information Ad Number 0004761983-01 Ad Type FTW-Legal Liner Production Method Production Notes AdBooker External Ad Number Ad Attributes Ad Size Color 1 X 58 li Ad Released No Pick Up Product Placement Times Run Schedule Cost FTW- Star -Telegram 0300 - Legals Classified 1 $75.98 Run Schedule Invoice Text Position CITY OF KENNEDALE ORDINANCE NO. 714 AN C 0301 - Legals & Public Notices Run Dates 09/23/2020 Product FTW-Upsell ST.Com Placement 0300 - Legals Classified Run Schedule Invoice Text Position CITY OF KENNEDALE ORDINANCE NO. 714 AN C 0301 - Legals & Public Notices Run Dates 09/23/2020 Times Run Schedule Cost 1 $15.00 9/21/2020 2.C.19PN1 Page2of3 _FR9_nrdaiconrirmation.rpt CITY OF KENNEDALE ORDINANCE NO, 714 AN ORDINANCE AMEND- ING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF KENNEDALE, TEXAS, BY AMEND- ING TABLE 4.3 "SPATIAL RE- QUIREMENTS: OLD TOWN DIS- TRICTS" BY ALLOWING FOR A MINIMUM OF ONE STORY FOR PRINCIPAL BUILDINGS; PROVID- ING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILIT{ CLAUSE; PROVID- ING FOR A PENALTY FOR VIOLA- TIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVID- ING AND EFFECTIVE DATE, ANY PERSON, FIRM, OR CORPORATION WHO VIOLATES, DISOBEYS OMITS, NEGLECTS OR REFUSES TO COMPLY WITH OR WHO RE- SISTS THE ENFORCEMENT OF ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE FINED NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00). EACH DAY THAT A VIOLATION IS PERMITTED TO EXIST SHALL CONSTITUTE A SEPARATE OF- FENSE. THE CITY SECRETARY OF THE CITY OF KENNEDALE IS HEREBY DIRECTED TO PUBLISH IN THE OFFICIAL NEWSPAPER OF THE CITY OF KENNEDALE THE CAPTION, THE PENALTY CLAUSE, THE PUBLICATION CLAUSE, AND THE EFFECTIVE DATE CLAUSE OF THIS ORDINANCE AS PROVIDED BY SECTION 3,10 OF THE CHAR- TER OF THE CITY OF KENNEDALE. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS PASSAGE AND PUBLICATION AS REQUIRED BY LAW, AND IT IS SO ORDAINED. DULY PASED, ADOPT- ED, AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, ON THE 15TH DAY OF SEPTEMBER, 2020. APPROVED /S/ MAYOR BRIAN JOHNSON / ATTEST /S/ CITY SEC- RETARY LESLIE E. GALLOWAY / APPROVED AS TO FORM AND LE- GALITY /S/ CITY ATTORNEY DREW LARKIN 9/21 /2020 2.01,3.19PM Page 3 of 3 _FRA4_OrdaiCon Orrnahon rpi