O734 Zone change from R3 to TH for 6800 Oak Crest DrORDINANCE NO. 734
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE BY
REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF
KENNEDALE, BEING AN APPROXIMATELY 0.35 ACRE TRACT DESCRIBED
AS 6800 OAK CREST DRIVE W, OAK CREST ADDITION, BLOCK 1, LOT 26,
CITY OF KENNEDALE, TARRANT COUNTY, TEXAS, FROM "R-3" SINGLE-
FAMILY RESIDENTIAL DISTRICTS TO "TH" TOWNHOME DISTRICT;
PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO
REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS 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 municipality acting under its
charter adopted by the electorate pursuant to Article XI of the Texas Constitution and Chapter 9
of the Local Government Code; 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 "TH" Townhome 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
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of
the City of Kennedale on the 14th day of October, 2021 and by the City Council of the City of
Kennedale on the 19th day of October, 2021 with respect to the zoning changes described herein;
and
WHEREAS, all requirements of law dealing with notice to other property owner,
publication and all procedural requirements have been complied with in accordance with Chapter
211 of the Local Government Code; and
WHEREAS, the City Council does hereby deem it advisable and in the public interest to
amend the City's Unified Development Code as described herein.
INCLUDING EXHIBIT A, PAGE 1 OF 4
RELATED TO PZ CASE# 21-15 ORDINANCE NO. 734 CITY OF KENNEDALE. TX 2021
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THAT:
SECTION 1. The Comprehensive Zoning Ordinance is hereby amended so that the
zoning classification and the uses in the hereinafter described area shall be changed and/or
restricted as shown and described below:
An approximately 0.35 acre tract described as 6800 Oak Crest Drive W, Oak Crest
Addition, Block 1, Lot 26, City of Kennedale, Tarrant County, Texas ("the
Property"), as more particularly described on Exhibit "A" attached hereto and
incorporated herein, is rezoned from "R3" Single -Family Residential Districts to
"TH" Townhome 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, and 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 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 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. This Ordinance shall be cumulative of the Unified Development Code, as
amended, and all other ordinances of the City of Kennedale 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 5. 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 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 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
INCLUDING EXHIBIT A, PAGE 2 OF 4
RELATED TO PZ CASE# 21-15 ORDINANCE NO. 734 CITY OF KENNEDALE, TX 2021
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 and 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. The City Secretary of the City of Kennedale is hereby directed to publish this
ordinance or caption to the extent required by law.
SECTION 9. 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, ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, ON THE 16TH DAY OF NOVEMBER 2021.
APPROVED:
APir/-6k.
ta,CSAI
MAYOR LINDA RHODES
ATTEST:
CITY SECRETARY LESL1E E. GALLOWAY
APPROVED AS TO FORM AND LEGALITY: EFFECTIVE DATE:
CITY ATT2 NEY ' ' LARKI
INCLUDING EXHIBIT A, PAGE 3 OF 4
0734 CITY OF KENNEDALE, TX 2021
ORDINANCE NO. 734
EXHIBIT "A"
INCLUDING EXHIBIT A, PAGE 4 OF 4
RELATED TO PZ CASE# 21-15 ORDINANCE NO. 734 CITY OF KENNEDALE, TX 2021