O1504 y / \ ~
~~ 1`~
QF~ICIAL CITY
sECR~TaR~"'s ~~~'~
CITY OF KENNEDALE
ORDINANCE NO. 150
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
KENNEDALE; BY CHANGING THE ZONING CLASSIFICATION OF
CERTAIN PROPERTIES WITHIN THE CITY OF KENNEDALE, BEING
APPROI~IIMATELY 5.985 ACRES ENCOMPASSING TRACTS 31K1J,
31KC3, 31X, 31Y, 31K1K, AND 31K3, ABSTRACT 1376, DAVID
STRICKLAND SURVEY; FROM "PD" PLANNED DEVELOPMENT
DISTRICT TO "I" INDUSTRIAL DISTRICT; APPROXIMATELY 6.19
ACRES ENCOMPASSING TRACTS 31K2A, 31K2, AND 31K2B,
ABSTRACT 1376, DAVID STRICKLAND SURVEY; FROM "PD"
PLANNED DEVELOPMENT DISTRICT TO "C2" GENERAL
COMMERCIAL DISTRICT; AND APPROXIMATELY 12.45 ACRES
ENCOMPASSING TRACTS 31K1H, 31W, 31K3B, AND 31K1L,
ABSTRACT 1376, DAVID STRICKLAND SURVEY; FROM "PD"
PLANNED DEVELOPMENT DISTRICT TO "C2" GENERAL
COMMERCIAL 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 A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; 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;
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 on March 19, 1998 and by the City Council of the City of Kennedale on
the 9th day of April, 1997, 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 of Kennedale, Texas does hereby deem it advisable and in the
public interest to amend Ordinance No. 40, as amended, as described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS:
SECTION 1.
Ordinance No. 40, 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:
ZONING CASE N0.98-O1
Approximately 5.985 acres, more particularly described as Tracts 31K1J, 31K3C,
31X, 31Y, 31K1K, and 31K3, Abstract 1376, David Strickland Survey, Tarrant
County, Texas, and more particularly described on Exhibit "A" attached hereto
and incorporated herein for all purposes of this ordinance, is hereby rezoned from
"PD" Planned Development District to "I" Industrial District.
Parcel Z
Approximately 6.19 acres, more particularly described as Tracts 31 K2A, 31 K2,
and 31K2B, Abstract 1376, David Strickland Survey, Tarrant County, Texas, and
more particularly described on Exhibit "B" attached hereto and incorporated
herein for all purposes of this ordinance, is hereby rezoned from "PD" Planned
Development District to "C2" General Commercial District.
Parcel 3
Approximately 12.45 acres, more particularly described as Tracts 31K1H, 31W,
31K3B and 31K1L, Abstract 1376, David Strickland Survey, Tarrant County,
Texas, and more particularly described on Exhibit "C" attached hereto and
incorporated herein for all purposes of this ordinance, is hereby rezoned from
"PD" Planned Development District to "C2" General Commercial District
SECTION 2.
The zoning districts and boundaries as 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 properties hereinabove described shall be subject to all the applicable
regulations contained in the Comprehensive Zoning Ordinance and all other applicable and
pertinent ordinances of the City of Kennedale, Texas.
SECTION 5.
This Ordinance shall be cumulative of Ordinance No. 40, 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 6.
All rights or remedies of the City of Kennedale, Texas are expressly saved as to any and
all violations of Ordinance No. 40 or of any amendments thereto 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 unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such 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 unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 8.
This ordinance shall be in full force and effect from and after its passage and it is so
ordained.
PASSED AND APPROVED this 9th day of Apri1,1998.
ATTEST:
City Secreta
APPROVED AS TO FORM AND LEGALITY:
~~.~~'~
Mayor Robert P. Mundy
City Attorney
Metes and Bounds Description
For
Tracts 31K1J, 31K3C, 31X, 31Y, 31K1K, and 31K3,
Abstract 1376, David Strickland Survey
A 5.985 acre tract of land in the David Strickland Survey, A-1376, City of Kennedale,
Tarrant County, Texas, being all that certain tract of land conveyed to Winifred Whitman
Templeton and wife, Evelyn Inez Templeton, by deed recorded in Volume 4738, Page
890, corrected in deed recorded in Volume 5575, Page 663, Deed Records, Tarrant
County, Texas, said tract thus conveyed to T.W. Moore:
BEGINNING at a 5/8" iron found in the southeasterly line of Gilman Road (a 60'
R.O.W.) being the most northeast corner of that certain tract of land conveyed to FWT,
Inc., by deed recorded in Volume 12570, Page 2122, Deed Records, Tarrant County,
Texas, said point being (per deed call) North 47 degrees 58 minutes 00 seconds East,
1022.2 from the northeasterly line of U.S. Highway No. 287;
THENCE North 53 degrees 37 minutes 21 seconds East, along the southeasterly line of
said Gilman Road 299.57 feet to a '/2" iron found at the northeast corner of the herein
described tract and the northwest corner of that certain tract of land conveyed James G.
Brown, by deed recorded in Volume 4770, Page 553, Deed Records, Tarrant County,
Texas;
THENCE South 37 degrees 41 minutes 16 seconds East, along the southwesterly line of
said Brown tract, 895.41 feet to a point in the approximate centerline of Village Creek;
THENCE South 59 degrees 17 minutes 03 seconds West, along the approximate
centerline of said Village Creek, 225.99 feet;
THENCE North 78 degrees 17 minutes 03 seconds West continuing along the
approximate centerline of said Village Creek, 115.20 feet;
THENCE North 37 degrees 42 minutes 00 seconds West along the northeasterly line of
said FWT, Inc. tract, at 113.41 feet passing a 5/8" iron found, and continuing in all,
787.40 feet to the POINT OF BEGINNING, and containing 5.985 acres of land.
Exhibit "A"
Metes and Bounds Description
For
Tracts 31K2A, 31K2, and 31K2B,
Abstract 1376, David Strickland Survey
A 6.19 acre tract of land out of the David Strickland Survey, A-1376, City of Kennedale, Tarrant
County, Texas, said tract conveyed to FWT, Inc. by deed as recorded in Volume 12570, Page
2122, Deed Records, Tarrant County, Texas, said tract being more particularly described by
metes and bounds as follows:
BEGINNING at a 5/8" iron found at the intersection of the south line of Gilman Road and the
east line of U.S. Highway 287;
THENCE North 47 degrees 50 minutes 00 seconds East along the south line of said Gilman
Road, 142.3 feet to a 5/8" iron found;
THENCE North 89 degrees 41 minutes 00 seconds East, along the south line of Gilman Road,
864.00 feet to a 5/8" iron and the corner of a Texas Electric Service Company Right-of--Way as
recorded in Volume 2342, Page 453, and Volume 3954, Page 412, Deed Records, Tarrant
County, Texas;
THENCE South 47 degrees 41 minutes 00 seconds West, along the north line of said electric
R.O.W., 791.00 feet to a 5/8" iron found in the east R.O.W. of U.S. Highway 287;
THENCE North 42 degrees 43 minutes 00 seconds West, 113.2 feet to a THD monument;
THENCE North 39 degrees 10 minutes 00 seconds West, 100.1 feet to a THD monument;
THENCE North 42 degrees O1 minutes 00 seconds, West, 365.41 feet to the POINT OF
BEGINNNING, and containing 6.19 acres of land.
Exhibit "B"
Metes and Bounds Description
For
Tracts 31K1H, 31W, 31K3B, and 31K1L,
Abstract 1376, David Strickland Survey
A 12.45 acre tract of land in the David Strickland Survey, A-1376, City of Kennedale, Tarrant
County, Texas, said tract conveyed to FWT, Inc. as recorded in Volume 12570, Page 2122, Deed
Records, Tarrant County, Texas, said tract being more particularly described by metes and
bounds as follows:
BEGINNING at a 5/8" iron being the intersection of the east right-of--way line of U.S. Highway
No. 287 with the south line of a Texas Electric Service Company Right-of--Way according to deed
recorded in Volume 2342, Page 453; and Volume 3954, Page 412 Deed Records, Tarrant County,
Texas:
THENCE North 47 degrees 41 minutes East, along the south line of said electric R.O.W., 881.00
feet to a 5/8" iron found in the south line of Gilman Road (a 60' R.O.W.) and the beginning of a
curve to the left having a central angle of 23 degrees 39 minutes and a radius of 237.1 feet;
THENCE along said curve to the left and the south line of Gilman Road a distance of 97.8 feet to
a 5/8" iron;
THENCE North 53 degrees 25 minutes East, along the south line of Gilman Road, 2.8 feet to a
5/8" iron for a corner;
THENCE South 37 degrees 59 minutes 00 seconds East, 757.7 feet to a point in the approximate
center of Village Creek;
THENCE South 77 degrees 32 minutes 00 seconds West, 394.00 feet along the approximate
centerline of Village Creek to a point for a corner;
THENCE South 64 degrees 56 minutes 00 seconds West, 331.1 feet along the approximate
centerline of Village Creek to a point for a corner;
THENCE South 62 degrees 13 minutes 00 seconds West, 151.9 feet along the approximate
centerline of Village Creek to a point for a corner;
THENCE South 89 degrees 21 minutes 00 seconds West, 183.00 feet to a 5/8" iron for a corner
said corner along being in the east R.O.W. of U.S. Highway 287;
THENCE North 42 degrees 04 minutes 00 seconds West, 80.7 feet to a THD monument;
THENCE North 15 degrees 33 minutes 00 seconds West, 44.7 feet to a 5/8" iron;
THENCE North 41 degrees 55 minutes 00 seconds West, 99.9 feet to a THD monument;
THENCE North 45 degrees 21 minutes 00 seconds West, 112.1 feet to the POINT OF
BEGINNING and containing 12.45 acres of land.
Exhibit "C"
B & B Publishing, Inc.
833 East Enon
P.O. Box 40230
Everman, TX 76140 -0230
Phone (817) 478 -4661
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
COUNTY OF TARRANT:
CITY OF KENNEDALE
Publishers Of:
EVERMAN TIMES
KENNEDALE NEWS
FOREST DILL NEWS
SOUTH COUNTY NEWS
BEFORE ME, the undersigned authority, on this day personally appeared SHARON RAINS
who having been duly sworn, says upon her oath:
That she is the Typographer of the newspapers for B &B PUBLISHING, INC, which are
weekly newspapers published in Tarrant County, Texas with a general
circulation in the cities of Everman, Forest Hill, Kennedale, and south Tarrant County
and that a copy of:
P &Z Hrng re: Zoning Change Request by T.W. Moore
which is attached to this affidavit, was published in said newspapers on the
following date(s): to wit
FEBUARY 26, 1998
EXECUTED THIS, THE 9TH DAY OF MARCH, 1998
SHARON RAINS
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 9TH DAY OF MARCH, 1998
V
J0141\1 EDD BLESSING
NOTARY PUBLIC
TEXAS
DA
I( I( C &
Presaiption Plan
Low Affordable Monthly Rates
MATTRESS SALES
YEW ECHOSTAR SATELLITE DISH
$199.95
, m 40 Prouramming ® $19.95/month
DAUGHTER GOING AWAY to school. Must sell AFFORDABLE TRANSPORTATION SERVICE
1992 GEO Storm, rebuilt transmission, new tires, for students to and from school needs depend-
auto, cold air, $3,750.483 -8857 ffn able van driver. Call 551-1514 ffn
i`BU_ _
YCARS and trucks, fo_reign_, and Am`eric — CONSERVATION — CAREERS : FORE —
ST rangers,
Thursday, February 26,1998