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O715 Minimum 20 Front Setback for R-3 and R-4 Table 3.3 " Spatial Requirements: Agriculture and Residential Districts"ORDINANCE NO. 715 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF KENNEDALE, TEXAS, BY AMENDING TABLE 3.3 "SPATIAL REQUIREMENTS: AGRICULTURAL AND RESIDENTIAL DISTRICTS" TO ALLOW FOR A MINIMUM 20 FRONT SETBACK FOR R-3 AND R-4 DISTRICTS; 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 3.3 "Spatial Requirements: Agricultural and Residential Districts" of the Unified Development Code is hereby amended to read as follows: PAGE 1 OF 3 0715 CITY OF KENNEDALE, TX 2020 Table 3.3 Spatial Requirement Requirements: AG Agricultural and R-1 R-2 R-3 Residential R-4 Districts D MF MH Lots Min. Area (s.f.) Sewer 43,560 21,780 15,000 8,750 5,000 8,750 2,750/ unit 5,000 Septic 43,560 43,560 43,560 43,560 43,560 43,560 43,560 43,560 Max. Density (units per acre) - - - - - - 16 - Min. Width (ft.) 80 100 100 80 50 70 75 50/lot Min. Depth (ft.) 125 125 125 100 100 125 125 100/lot Max Impervious (%) 50 50 50 50 50 50 50 50 Setbacks Min. Front (ft.)1 Primary 50 50 40 20 20 30 30 10/lot Secondary 20 20 20 15 15 15 15 10 Min. Side (ft.) Total2 30 30 30 20 5 16 16 8 Least 10 10 10 8 2 8 8 4 Min. Rear (ft.)3 45 30 30 15 15 15 15 10/lot Principal Bui dings Max. Height (ft.) 50 50 40 40 40 35 30 22.5 Max. Stories (number) 2.5 2.5 2.5 2.5 2.5 2.5 2 1.5 Min. GFA (s.f.) 1,500 1,500 1,500 1,250 1,000/ unit 1,000/ unit - 320 Min. Multi- Family Bedroom Area Efficiency - - - - - - 600 - One BR - - - - - - 800 - Two BR - - - - - - 900 Three BR - - - - - - 1,000 - Min. Masonry (%) 80 80 80 80 80 80 80 Accessory Buildings (100 s.f. +) Max. Number - 3 2 1 1 2 - 1 Max. Size (% of rear yard) 20 10 10 10 10 10 10 10 Max. Height (ft.) - 15 15 15 15 15 - - Max. Stories (number) 1 1 1 1 1 1 1 1 Min. Side Street Setback - - - - - - 15 - Min. Side Setback (ft.) 8 8 8 8 8 8 8 - Min. Rear Setback (ft.) 8 8 8 8 8 8 25 - Min. Setback from Principal (ft.) 5 5 5 5 5 5 15 - 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. PAGE 2 OF 3 0715 CITY OF KENNEDALE, TX 2020 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. 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: CITY SECRETARY LESLIE E. GALL AY APPRO - 1. S TO FO' w ND LEGALITY: CI APPROVED: MAYOR BRIAN JOHNSON EFFECTIVE DATE: 0118886W, �e .1 OF KCN®'ee om /I1B84m0000 PAGE 3 OF 3 0715 CITY OF KENNEDALE, TX 2020 Star-Te1egp Arlington Citizen -Journal The Keller Citizen 1 La Estrella Mansfield News -Mirror Star -Telegram Northeast 1 Weatherford Star -Telegram star-telegram.com 1808 Throckmorton St. I Ft Worth, Tx. 76102-6315 Customer Order USA Confirmation Pavor Customer CITY OF KENNEDALE Customer Account CITY OF KENNEDALE Pavor Account 600629 Customer Address 600629 Pavor Address 405 MUNICIPAL DR KENNEDALE TX 760602249 Customer Phone 405 MUNICIPAL DR KENNEDALE TX 760602249 USA Pavor Phone 817-360-0522 Customer Fax 817-360-0522 Customer EMail Sales Rep rericson@cityofkennedale.com Order Taker agrisham@mcclatchy.com agrisham@mcclatchy.com PO Number Payment Method Blind Box Tear Sheets Proofs Affidavits Invoice 0 0 1 Net Amount Tax Amount Total Amount Payment Amount Amount Due $92.29 $0.00 $92.29 $0.00 $92.29 Ad Order Number Order Source Ordered By Special Pricing 0004761986 Invoice Text LESLIE E. GALLOWAY Promo Type Package Buy Materials 9/21/2020 2.08:00PM Page 1 of 3 _FRA9_OrderConfirmnlion.rpl Ad Order Information Ad Number Ad Type 0004761986-01 FTW-Legal Liner Production Method Production Notes AdBooker External Ad Number Ad Attributes Ad Size Color 1 X 59 1i Ad Released No Pick Up Product Placement Times Run Schedule Cost FTW- Star -Telegram 0300 - Legals Classified 1 $77.29 Run Schedule Invoice Text Position CITY OF KENNEDALE ORDINANCE NO. 715 AN C 0301 - Legals & Public Notices Run Dates 09/23/2020 Product Placement Times Run Schedule Cost FTW-Upsell ST.Com 0300 - Legals Classified 1 $15.00 Run Schedule Invoice Text Position CITY OF KENNEDALE ORDINANCE NO. 715 AN C Run Dates 09/23/2020 0301 - Legals & Public Notices 9/21/2020 2 08:00Pd9 Page 2 of _FF'a M_Orde rCon firrnation. rp( CITY OF KENNEDALE ORDINANCE NO. 715 AN ORDINANCE AMEND- ING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF KENNEDALE, TEXAS, BY AMEND- ING TABLE 3.3 "SPATIAL RE- AUIREMENTS: AGRICULTURAL ND RESIDENTIAL DISTRICTS" TO ALLOW FOR A MINIMUM 20 FRONT SETBACK FOR R-3 AND R- 4 DISTRICTS; PROVIDING THAT THIS ORDINANCE SHALL BE CU- MULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PEN- ALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AND EFFECTIVE DATE. ANY PERSON, FIRM, OR CORPORATION WHO VIOLATES, DISOBEYS, OMITS, NEGLECTS OR REFUSES TO COMPLY WITH OR WHO RESISTS THE ENFORCE- MENT OF ANY OF THE PROVI- SIONS OF THIS ORDINANCE SHALL BE FINED NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00). EACH DAY THAT A VIOLATION IS PERMITTED TO EX- IST SHALL CONSTITUTE A SEPA- RATE OFFENSE. THE CITY SECRE- TARY 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 PUBLICA- TION CLAUSE, AND THE EFFEC- TIVE DATE CLAUSE OF THIS OR- DINANCE AS PROVIDED BY SEC- TION 3.10 OF THE CHARTER OF THE CITY OF KENNEDALE, THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS PAS- SAGE AND PUBLICATION AS RE- QUIRED 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 SEPTE .4BER, 2020. JNSOS/S/OHSN / ATTET CITY SEC- RETARY LESLIE E. GALLOWAY / APPROVED AS TO FORM AND LE- GALITY /S/ CITY ATTORNEY DREW LARKIN 9/21/2020 2:08:00PM Page 3 of 3 _FRf.4_ord=.i0onfirmaurttn rpt