O744ORDINANCE NO. 744
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 0.612 ACRES LOCATED AT
7100 HUDSON VILLAGE CREEK ROAD AND 4349 DANNY LANE,
BEING TRACT 2818 OF W.H. HUDSON SURVEY, CITY OF
KENNEDALE, TARRANT COUNTY, TEXAS FROM "MH" MOBILE
HOME DISTRICT TO "I" INDUSTRIAL 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, the City Council has determined that the "I" Industrial District is the
most suitable zoning district for the property described below, in accordance with the
comprehensive land use plan, and with the standards in the Unified Development Code;
and
WHEREAS, the requested change in zoning classification is consistent with the
City's comprehensive plan and any applicable adopted plans and the City Council has
weighed plan goals, policies, and strategies and finds that the requested change provides
a public benefit; and
WHEREAS, the requested change in zoning classification protects the existing
character of neighboring properties and uses, and does not cause significant adverse
impacts on surrounding properties; and
WHEREAS, the requested change in zoning classification will not result in
significant adverse fiscal or economic impacts on the City; and
INCLUDING EXHIBIT A, PAGE 1 OF 5
RELATED TO PZ CASE# 23-01 ORDINANCE NO. 744 CITY OF KENNEDALE. TX 2023
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 January 19, 2023 and by the City Council
of the City of Kennedale, Texas, on February 21, 2023, 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, THAT:
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:
Approximately 0.61 acres located at 7100 Hudson Village Creek Road,
Tract2B18 of the W.H. Hudson Survey, Abstract No. 716, 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 "MH" Mobile Home District to "I" Industrial 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. The recitals of this Ordinance are incorporated into this
Ordinance by reference as findings of fact as if expressly set forth herein, and the City
Council further finds that all special review criteria and general review criteria of the
INCLUDING EXHIBIT A, PAGE 2 OF 5
RELATED TO PZ CASE# 23-01 ORDINANCE NO. 744 CITY OF KENNEDALE. TX 2023
Unified Development Code, including section 22.7, have been reviewed and the change
in zoning classification complies with all applicable review criteria.
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 all provisions of ordinances and of the City
of Kennedale, Texas Unified Development Code, 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 6.
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 7.
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 8.
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 zoning 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
INCLUDING EXHIBIT A, PAGE 3 OF 5
RELATED TO PZ CASE# 23-01 ORDINANCE NO. 744 CITY OF KENNEDALE, TX 2023
ordinances, same shall not be affected by this Ordinance but may be prosecuted until
final disposition by the courts.
SECTION 9.
The City Secretary of the City of Kennedale is hereby directed to publish this
ordinance as required by law.
SECTION 10.
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.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, ON THIS 21st DAY OF FEBRUARY 2023.
APPROVED:
ATTEST:
CITY SECRETAR RA'iA N t*:YINGTON
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY CARVAN E. ADKINS
INCLUDING EXHIBIT A, PAGE 4 OF 5
RELATED TO PZ CASE# 23-01 ORDINANCE NO. 744 CITY OF KENNEDALE, TX 2023
/§
}}
WWI
|
LEGEND'
Exhibit A
co
\
/
■
o
�)
DANNY
r, - ,
�
§
j�
§
THENCE South 01 degrees 32 minutes 00 seconds East, e d
spumes 12 swum [C seek6ep L0
/
/
2