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CITY OF KENNEDALE $E.CR~-~ PAY; S G
ORDINANCE NO. 126
AN ORDINANCE AMENDING ORDINANCE N0.40, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
KENNEDALE; BY CHANGING THE REGULATION OF LAND IN A "R1"
SINGLE FAMILY RESIDENTIAL DISTRICT TO "PD/126" SINGLE
FAMILY RESIDENTIAL DISTRICT WITHIN THE CITY OF
KENNEDALE, BEING APPROXIMATELY 5.63 ACRES KNOWN AS
LOTS 1R THROUGH 7, BLOCK 1, CLAIREMONT COURT ADDITION
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
F,FFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas is a Type A general-law municipality located in
Tarrant County, created in accordance with the provisions of Chapter h of the Local Government
Code and operating pursuant to the enabling legislation of the State of Texas; and
WHEREAS, pursuant to Chapter 2l 1 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, and to amend said
ordinance and map 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 regulation of land on the property described below watt
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 the 20th day of February, 1997, and by the City Council of the City of
kenAnrdinancAPD136 (031197) 1
Kennedale on the 13th day of March, 1997, with respect to the zoning changes described herein:
and
WHEREAS, all requirements of law dealing with notice to other property owners.
puhlication and all procedural requirements have been complied with in accordance with Chapter
21 1 of the Local Government Code; and
WHEREAS, the city council 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 zoning classification and the
uses in the hereinafter described area shall be changed and or restricted as shown and described
below:
An approximately 5.63 acre tract, more particularly described as Lots 1 R through 7,
Block 1, Clairemont Court Addition to the City of Kennedale.
From "R 1 " Single Family Residential District to "PD/126" Planned Development
District for a single family residential use with modified restrictions.
The use of the above property shall be in accordance with the approved concept plan
attached hereto as Exhibit "A" and shall be subject to the following conditions.
restrictions and limitations:
1) Single family residential uses only.
2) Minimum lot size of 18,000 square feet with a minimum lot width of 90
feet.
3) Minimum main structure air conditioned floor area of 2,500 square feet, not
to exceed two stories in height.
kenA~~rdinancAPD12fi (031?97) 2
4) Building exterior of not less than 80% masonry.
5) Minimum yard requirements:
Front yard setback - 50 feet.
Rear yard setback - 40 feet with exception for separate garage
structures not to exceed three car capacity when,- a rear yard setback of 20
feet will apply.
Side yard setback -minimum combination total of 18 feet (both
sides) provided no two houses are closer (side by side) than 18 feet.
6) If a fence is constructed along the front and/or sides of the front yard (within
the 50 foot front yard setback) on any lot it shall be black wrought iron with brick.
cohrmns.
For issues not addressed above, provisions of "R2" Single Family Residential district shall
apply.
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 and with a view of conserving the value of
the buildings and encouraging the most appropriate use of land throughout the community.
ken\rndinanc\PD136 (031397) 3
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.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses t~
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) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
kcnAorciinancAPD126 (031397) 4
SECTION 7.
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 Lentil final
disposition by the Courts.
SECTION 8.
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 9.
The City Secretary of the City of Kennedale is hereby directed to publish the caption.
penalty clause, publication clause and effective date cause 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 52.011 of the Locai
Government Code.
kenAoniinancAPD 1261031397) S
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.
PASSED AND APPROVED this 13th day of March, 1997.
~~~
Mayor Robert P. un y
ATTEST:
~~~,
City Secre ary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
kenAnnlinancAPDI?6 (031397)
F,C ~, ~ Publishing, Inc.
833 East Enon
P.O. Box 40230
Everman, TX 76140-0230
Phone (817) 478-4661
STATE OF TEXAS:
COUNTY OF TARRANT:
CITY OF KENNEDALE
AFFIDAVIT OF PUBLICATION
Publishers Of:
EVERMAN TIMES
KENNEDALE MEWS
FOREST HILL NEWS
SOUTH COUNTY NEWS
BEFORE ME, the undersigned authority, on this day personally appeared JENNIFER CATHEY
who having been duly sworn, says upon her oath:
That she is the Circulation Manager 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 Pub. Hrng. re: Lots 1 R-7, Block 1, Clairemont Addition
which is attached to this affidavit, was published in said newspapers on the
following date(s): to wit
FEBRUARY Ob, 1997
EXECUTED THIS, THE 4TH, DAY OF MARCH, 1997
JENNIFER ATHEY
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 4TH,
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J'~~~ E.DT! BLESSING
MY CpMMISS{4':, EXPIRES
J°W!'~ 14.1°97
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DAY OF MARCH, 1997
.~HN EDD BLESSING
NOTARY PUBLIC
TEXAS
B & B Publishing, Inc Publishers Of
833 East Enon EVERMAN TIMES
P.O. Box 40230 KENNEDALE NEWS
Everman, TX 76140 - 0230 FOREST HILL NEWS
SOUTH COUNTY NEWS
Phone (817) 478 -4661
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
COUNTY OF TARRANT:
CITY OF KENNEDALE
BEFORE ME, the undersigned authority, on this day personally appeared JENNIFER CATHEY
who having been duly sworn, says upon her oath:
That she is the Circulation Manager 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:
Bid Notice re: Sale of Vehicles
which is attached to this affidavit, was published in said newspapers on the
following date(s): to wit
FEBRUARY 06, 1997
FEBRUARY 13, 1997
EXECUTED THIS, THE 4TH, DAY OF MARCH, 1997
JENNIFER" CATHEY '
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 4TH, DAY OF MARCH, 1997
HN EDD BLESSING
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