O121dFi";~9?~I ~~`~~
SECRET~R'>f'~ Gv''
ORDINANCE NO.121
AN ORDINANCE AMENDING ORDINANCE N0.40, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
KENNEDALE; BY ESTABLISHING THE REGULATION OF LAND IN A
"MH/PD" MANUFACTURED HOUSING/PLANNED DEVELOPMENT
DISTRICT WITHIN THE CITY OF KENNEDALE, BEING
APPROXIMATELY 10.0 ACRES KNOWN AS LOT 1, BLOCK 1, KIM
ADDITION; PROVIDING FOR THE AMENDMENT OF THE OFFICIAI.
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 Type A general-law municipality located in
Tarrant County, created in accordance with the provisions of Chapter 6 of the Local Government
Co~_le and operating pursuant to the enabling legislation of the State of Texas; and
WHERF,AS, pursuant to Chapter 211 of the Local Government Code, the Cit}~ has adoptezl
a comprehensive zoning ordinance and map regulating the location and use of buildin~Ts. onc~~r
structures and land for business, industrial, residential or other purposes, and to ai~'~erx! ~~aici~
ordinance and map for the purpose of promoting the public health, safety, morals and gcner,~i
welfare, all in accordance with a comprehensive plan; and
WHIJ;REAS, a specific regulation of land on the property described below was redii~~~tt~~<l
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 Commissi~,n ~~(
the City of Kennedale on the 21st day of November, 1996, and by the. City Council of the Cit~;~ ;.~!~
Kenne.dale on the l 2th day of December, 1996, with respect to the zoning changes 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
21 I 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 ana t~~r
uses in the hereinafter described area shall be changed and or restricted as shown and described
below:
Zoning Case No. 96-]0
An approximately 10.0 acre tract, more particularly described as Lot 1, Block 1.
Kim Addition to the City of Kennedale.
Fmm a R3 single family residential use to "MH-PD Manufacture
Housing/Planned Development District for single family manufactured home
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) Only one (l) manufactured housing unit may be placed on the property
described above for residential uses only.
2) Lot is adversely limited in usability so as to preclude normal use under any
authorized zoning district without special provisions available under the planned
development provisions of the City Code.
2
3) Minimum main structure floor area of at least 800 square feet, not to exceed
a single story in height with one garage being allowed not to exceed two car
capacity, single story, and no living space allowed.
4) Minimum requirements:
Minimum lot size - 10 acres.
Front yard setback - 30 feet.
Rear yard setback - 25 feet
Side yard setback -eight feet
For issues not addressed above, the provisions of the "MH"
Manufactured home 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 r.1
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 ol~
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 cif
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.
3
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 to
comply with or who resists the enforcement of any of the provisions of this ordinance shall he fined
not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 7.
All rights or remedies of the City of Kennedale, Texas are expressly saved as to any and till
violations of Ordinance No. 40 or of any amendments thereto that have accrued at the time of the
effective date of this Ordinance and as to such accrued violations and all pending litigation. hoth
civil and criminal, same shall not be affected by this Ordinance but may be prosecuted until final
disposition by the Courts.
SECTION 8.
It is hereby declared to be the intention of the City Council that the phrases, clauses.
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause.
4
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation in this ordinance
of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 9.
The City Secretary of the City of Kennedale is hereby directed to publish the caption.
penalty clause, publication clause and effective date clause of this ordinance in every issue of the
official newspaper of the City of Kennedale for two days, or one issue of the newspaper if the
official newspaper is a weekly newspaper, as authorized by Section 52.011 of the Local
Government Code.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PFISSED AND APPROVED this 16th day of December, 1996.
r'~~ t Y
MAYOR ~"
ATTEST:
~-EGG/`7~-
CITY SECR TARY
APPROVED AS TO FORM AND LEGALITY:
W~
CITY ATTORNEY
5
_ ~;'~~.
•' _ ~ ~.
~ ~ ~ . 4 ~~ ~ ~ .) ~ t,r Y~ w:#~ii ~i~j~~ 7 }~$ 3 n+ -2 r"~S~ 77,r ]5 ~ ~? ).
- ' .~.
~ ~ i ti ,.tL~h" ~ F' 1 ,rt kk ~'~ b 5• 4 r ~S
1 y 4 O ~ ~r,s at ~J ,~`P4 .P~ y phi
`` f •
4 '3 ~ ' ~ ~,
?, "° ~ ~ '~ ~ ,~ • ,~~, ~ F ,
,_~ _. b ~ "
,~ ~ ~ Oo
~ ,~ ~ ~ O N
~ ~ :
ti ~ Z~ ~'~, ~ Ce /
'~'. '~. it O 9 G4
a ~ p 2 ,~~-.. /O ,W 4 ~ tiw
-: N -~. ,~ I I ~ ..:
O ~o ~ I ~~ ~ D r.
7 "~ n t''i
ri ,Qy ~ ~~+ ' ~~~ t t I I 0 n.` ,l
,`
~ I
a ,
`~a ~ ~ (1t ' b ~ I I
y ~ ,~ b -- J a` ~~
~ ~ o ~ ~ ;
~ ~ ~ , '~
V ~
~ , ~,. ,~
~, y y ~ A ` tip'.;:
•. ~ ,~ ~,,,• sy _ o
f ~ ~ ~ ~
(~ '~
•.. ~ ;~ , a
W ~ ~ r *~` ',,fit t'! ~. . ~ ~
~ t R ~ n '9' 4 7.~
4 ; !~ r 1 ~.
~~I G ~
B ;& B Publishing, Inc. Publishers Of:
833 Eaast Enon EVERMAN TIMES
P.O. BOX 0230 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:
Ordinance #121
which is attached to this affidavit, was published in said newspapers on the
following date(s): to wit
DECEMBER 26, 1996
EXECUTED THIS, THE 7TH, DAY OF JANUARY, 1997
JENNIFER THEY
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 7TH, DAY OF JANUARY, 1997
J HN EDD BLESSING
NOTARY PUBLIC
TEXAS
Br - ~ *~ 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 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:
Pub Hrg re: R-3 to MH Zoning request - 501 S New Hope Rd,
which is attached to this affidavit, was published in said newspapers on the
following date(s): to wit
NOVEMBER 07, 1996
EXECUTED THIS, THE 3RD, DAY OF DECEMBER, 1996
A..
JENNIFER CATHEY
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 3RD, DAY OF DECEMBER, 1996
.7 ~ ~',
JC%YHN EDD BLESSING
NOTARY PUBLIC
TEXAS