Loading...
O716 Zoning Change from AG to NV for 980 E. Kennedale Sublett RoadORDINANCE NO. 716 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 1 ACRE DESCRIBED AS 900 E. KENNEDALE SUBLETT ROAD, LILLY, J M SURVEY ABSTRACT 980 TRACT 4A1 & A 985 TR 1A1, CITY OF KENNEDALE, TARRANT COUNTY, TEXAS, FROM "AG" AGRICULTURAL DISTRICT TO "NV" NEIGHBORHOOD 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, Texas, on September 10, 2020, and by the City Council of the City of Kennedale, Texas, on September 15, 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: PAGE 1 OF 4 0716 CITY OF KENNEDALE, TX 2020 Approximately 1 acre, located at 900 E. Kennedale Sublett Road, LILLY, J M SURVEY Abstract 980 Tract 4A1 & A 985 TR 1A1, 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 "AG" Agricultural District to "NV" Neighborhood Village 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. 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, 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. SECTION 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. 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, 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. PAGE 2 OF 4 0716 CITY OF KENNEDALE, TX 2020 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 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 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. DULY PASED, ADOPTED, AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, ON THE 15TH DAY OF SEPTEMBER, 2020. APPROVED: MAYOR BRIAN JOHNSON ATTEST: CITY SECRETARY LESLIE E. GALLOW APPROVED AS TO FORM AND LEGALITY: EFFECTIVE DATE: CITY AT DREW LAR IN PAGE 3 OF 4 0716 CITY OF KENNEDALE, TX 2020 ORDINANCE NO. 716 EXHIBIT "A" 824 1081 1080 1088 1096 11041 t'd:1 t rr,Li.1 III, 804 908 440 436 1000 Ve.1/1111011.1 08 02 10 1610/2020, 5 13 29 AM TAD Parcels City Limits 1:2,257 0 001 003 006 it_ 0 0.03 0.05 0.1 P.m PAGE 4 OF 4 0716 CITY OF KENNEDALE, TX 2020 Star-Te1egp,i Arlington Citizen -Journal I The Keller Citizen La Estrella Mansfield News -Mirror I Star -Telegram Northeast Weatherford Star -Telegram star-telegram.com 1808 Throckmorton St. I Ft Worth, Tx. 76102-6315 Customer Order USA Confirmation Payor 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 Payor 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 $136.83 $0.00 $136.83 $0.00 $136.83 Ad Order Number Order Source Ordered By Special Pricing 0004761991 Invoice Text LESLIE E. GALLOWAY Promo Type Package Buy Materials 9/21/2020 2:1020PM Page 1 of 3 _FRAI_OrderContirmralhn rpl Ad Order Information Ad Number Ad Type 0004761991-01 FTW-Legal Liner Production Method Production Notes AdBooker External Ad Number Ad Attributes Ad Size Color 1 X 93 li Ad Released No Pick Up Product Placement FTW- Star -Telegram 0300 - Legals Classified Run Schedule Invoice Text Position CITY OF KENNEDALE ORDINANCE NO. 716 AN C 0301 - Legals & Public Notices Run Dates 09/23/2020 Times Run Schedule Cost 1 $121.83 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. 716 AN C 0301 - Legals & Public Notices Run Dates 09/23/2020 9/21/2020 2. 10 20PM Page 2 of 3 _FRIA..ouiRrconfrmation.rpt CITY OF KENNEDALE ORDINANCE NO. 716 AN ORDINANCE AMEND- ING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF KENNEDALE, TEXAS, BY CHANG- ING THE ZONING CLASSIFICA- TION OF CERTAIN PROPERTY WITHIN THE CITY OF KENNEDALE, BEING APPROXI- MATELY 1 ACRE DESCRIBED AS 900 E. KENNEDALE SUBLETT ROAD, LILLY, J M SURVEY AB- STRACT 980 TRACT 4A1 & A 985 TR 1A1 CITY OF KENNEDALE, TARRANT COUNTY, TEXAS, FROM "AG" AGRICULTURAL DISTRICT TO "NV" NEIGHBORHOOD VIL- LAGE DISTRICT; PROVIDING FOR THE AMENDMENT OF THE OFFI- CIAL ZONING MAP TO REFLECT SUCH CHANGE; PROVIDING THAT THIS ORDINANCE SHALL BE CU- MULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVID- ING FOR PUBLICATION IN THE OF- FICIAL NEWSPAPER; AND PRO- VIDING AN EFFECTIVE DATE. 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 1 ACRE, LOCAT- ED AT 900 E. KENNEDALE SUBLETT ROAD, LILLY, J M SUR- VEY ABSTRACT 980 TRACT 4A1 & A 985 TR 1A1, CITY OF KENNEDALE, TARRANT COUNTY, TEXAS ON THE ILLUSTRATION ATTACHED HERETO AS EXHIBIT "A" AND INCORPORATED HEREIN FOR ALL PURPOSES OF THIS OR- DINANCE, IS HEREBY REZONED FROM "AG" AGRICULTURAL DIS- TRICT TO "NV" NEIGHBORHOOD VILLAGE DISTRICT. ANY PERSON, FIRM OR CORPORATION WHO VI- OLATES, DISOBEYS, OMITS, NE- GLECTS OR REFUSES TO COMPLY WITH OR WHO RESISTS EN- FORCEMENT 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 OF- FENSE. THE CITY SECRETARY OF THE CITY OF KENNEDALE IS HEREBY DIRECTED TO PUBLISH THE CAPTION, SECTION 1, PENAL- TY 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 NEWSPAPER IF THE OFFICIAL NEWSPAPER IS A WEEKLY NEWSPAPER AS AU- THORIZED BY SECTION 3.10 OF THE CITY OF KENNEDALE CHAR- TER. 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 PASED, ADOPTED, AND AP- PROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, ON THE 15TH DAY OF SEPTEM- BER, 2020. APPROVED /S/ MAYOR BRIAN JOHNSON / ATTEST /S/ CITY SECRETARY LESLIE E. GAL- LOWAY / APPROVED AS TO FORM AND LEGALITY /S/ CITY ATTORNEY DREW LARKIN 9/2I/2020 2. 10:20PM Page 3 of 3 Fam_ordaiconfrmallon_rpl