O425ORDINANCE NO. 425
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THF. CITY OF KENNEDALE;
BY CHANCING THE ZONING CLASSIFICATION OF CF,RTAIN PROPERTIES
WITHIN THE CITY OF KENNEDALE, BEING APPROXIMATELY il.l ACRES
ENCOMPASSING ABSTRACT 1361, TRACTS l 1, 11A, 11 A1, AND 12, OUT OF
THE JESSE RUSSELL SURVEY, CITY OF KENNEDALE., TARRANT COUNTY,
TEXAS; PROVIDING FOR THF. AMF.NDMF,NT OF THE OFF1ClAL ZONING
MAP TO RF.FLF.CT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE
SHALL BF. CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHF.RF.AS, 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;
WHF,REAS, 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 initiated by
the City of Kennedale in order to encourage the most appropriate use of the property: and
WHEREAS, a public hearing was duly held by the Planning and Zoniug Commission of the City
of Kennedale on January 15, 2009 and by the City Council of the City of Kennedale on the 12th day of
February 2009, 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
Goy ernment Code; and
WHEREAS, the City of Kennedale, Texas does hereby deem it advisable and in the public
interest to amend Ordinance No. 4Q, as amended, as described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THF. 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:
c:Akturner~~council\ord\zonechg09-Ol(02-U4-09) Page 1 of4
Absu~act 1361, Tracts 11, 11A, 11A1, and 12, out of the Jesse Russell Survey, City of Kennedale,
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 "R-3" Single
Family Residential District to that of "C-2" 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 ether 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.
fhe 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 Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the
Cih of Kennedale, Texas.
SECTION 5.
This Ordinance shall be cumulative of Ordinance No. 4Q 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.
c:AkturncrAcouncillord\wnechg09-01(02-04-09) Page 2 of 4
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.
"Phis ordinance shall be in full force and effect from and after its passage and it is so ordained.
AND APPROVED this 12r~' day of February 2[)09.
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ayor, Bryan Lankhorst
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Kathy Turner, C y Secretary
APPROVED AS TO FORM AND LCGALITY:
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Way ne K. Olson, City Attorney
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EXHIBIT "A"
LEGAL DESCRIPTION
1For Waenda Sanforel's Property:
Approximate 5.0 Acres (217,800 square feet) described as a Five (5 ac) tract at 3850
Eden Road, Kennedale, Texas 76060, and being part of the Jesse Russell Survey A1361,
1 and al.
For Wallia~ l~tave9s Property:
Approximate 6.0 Acres (261,360 square feet) described as Tract 6 in the Jesse Russell
Survey, A1361, tr l la and tr12, Tarrant, County, Texas, ("Property"), 4161 Kennedale
Parkway, Texas, 76060.
Pace 4 of 4
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an~Bever°~yy
Robtnaon
KENNEDALE
CLASSIFIEDS
LEGAL NOTICES
City of Kennedale
Notice of Public Hearings
The Kennedale City Council will hold
public hearings on the following Planning
and Zoning Cases scheduled for Thursday,
February 12, 2009 at T00 PM in the
Council Chambers, Kemtedale Ciry Hall,
405 Municipal Dr., Kemmedale, TX 76060.
Citizen's comments will be received during
the hearings regarding the following city
initiated and/or individual requested zone
changes:
Case #PZ 08-26 - Stock I, Lot 3,
Southwest Crossing Addition. Physical
Address is 4900 US 287 Hwy. City initiated
zone change from that of "C-1" Restricted
Commercial District to that of "C-0" Retail
Commercial.
Case #PZ 08-27 - Block I, Lot 4,
Southwest Crossing Addition. Physical
Address is 4970 US 287 Hwy. City initiated
zone change from that of "C.-1" Restricted
Commercial District to that of "C-0" Retail
Commercial.
Case #PZ 09-O1 -Abstract 1361, Tracts
11, 11A, 11A1, and 12, Jesse Russell
Survey. Physical addresses are 3850 South
Eden Road, 7141 Kennedale Parkway, and
7161 Kennedale Parkway. Zone change
request from that of "R-3" Single Family
Residential District to that of "C-2" General
Commercial District by Thomas S. Mackie
on behalfof RPC Industrial.
Case #PZ 09-02 -Abstract 1361, Tract
9A04, Jesse .Russell Survey. Physical
address is 6867 Mansfield Cardinal Rd. Ciry
initiated zone change from that of "C-2"
General Commercial District to that of
"R-2" Single Family Residential District.
Case #PZ 09-D3 -Abstract 1361, Tract
9A06, Jesse Russell Survey. Physical
address is 6867 Mansfield Cardinal Rd.
City initiated zone change from that of
"C-2" General Commercial District to
that of "R-2" Single Family Residential
District.
Case #PZ 09-04 -Abstract 1361, Tract
9A07, Jesse Russell Survey. City initiated
zone change from that of "C-2" General
Commercial District to that of "R-2" Single
Family Residential District.
Case #PZ 09-05 -Abstract 1361, Tract 9A,
Jesse Russell Survey. Physical address is
6875 Mansfield Cardinal Rd. City initiated
zone change from that of "C-2" General
Commercial District to that of "R-2" Single
LEGAL. NOTICES
Family Residerrtial District.
Case #PZ 09-06 -Abstract 1361, Tract 9A03,
Jesse Russell Survey. Physical address is
6895 Mansfield Cardinal Rd. City initialed
zone change from that of "C-2" General
Commercial District to that of "R-2" Single
Family Residential District.
Case#PZ09-07- Block LLol4,JesseRussell
Addition. Physical address is 6901 Mansfield
Cardinal Rd. City initiated zone change from
that of "C-2" General Commercial District
to that of "R-2" Single Family Residential
District.
Case #YZ D9-08 -Abstract 1361, Tract 9A05,
Jesse Russell Survey. Physical address is 5900
Eden Rd. East. City initiated zone change
fi~om that of "C-2" General Commercial
District to that of "R-2" Single Family
Residential District.
Case #PZ 09-09 -Abstract 1361, Tract
9AOl, Jesse Russell Survey. City initiated
zone change from that of "C-2" General
Commercial District to that of "R-2" Single
Family Residential District.
Case #PZ 09-10 -Abstract 1361, "Tract 9FOI,
Jesse Russell Survey. Physical address is 5840
Eden Rd. East. City initiated zone change
ti~om that of "C ?" Geneml Commercial
District to that of "R-2" Single Family
Residential District.
Case #PZ 09-11 - Absbacl 1361, Tract
9FOIA, Jesse Russell Survey. Physical
address is 8040 Eden Tap Rd. City initiated
zone change from that of "C-2" General
Commercial District to that of "R-2" Single
Family Residential District.
Case #PZ 09-12 -Abstract 1361, Tract 9F,
Jesse Russell Sutvey. Physical address is 5869
Eden Rd. East. City initiated zone change
from that of "C-2" General Commercial
District to that of "R-2" Single Family
Residential District.
Case #PZ 09-13 Abstract 1361, Tract 9D03,
JCSSe Russell Sutvey. Physical is 5844 Eden
Rd. East. City initiated zone change from'lhat
of "C-2" General Commercial District w thaC
of"R-2" Single Family Residential District.
Case #PZ 09-14-Abstract 1361, Tract 9D01,
Jesse Russell Survey. Physical address is 5640
Eden Rd. East. City initiated zone change tiom
that of "C-2" General Commercial District
to that of "R-^_" Single Family Residential
District.
Case #PZ 09-15 - .Abstract 1361, Tract 9D,
LEGAL NOT[CES
Jesse Russell Sm•vey. Physical address is 5844
Eden Rd. East. City initiated zone change fi'om
that of "C-2" General Commercial District to that
of"R-2"Single Family Residential District.
All interested persons are encouraged to attend the
hearings or may furnish written comments prior
to the hearings to the City Secretary's OtTice, City
of Kennedale, 405 Municipal Dr.. Kennedale, 1.l
76060. To obtain additional information please
City of heuuedale
Notice of Pnblie Hearing
The Kennedale City Council will hold a public
hearing on Thursday, February 12, 2009 at 7:00
p.m. in the Council Chambers, Kennedale City
Hall, 405 Municipal Dr., Kemtedale, T7C 76060.
•fhe purpose of the hearing is to receive citizen's
comments regarding projects to be funded under
the Community Development Block Grant (CDBG)
Program. This grant program is generally limited
to street, drainage, water or sewer improvements
within the approved target area fm• the benefit of low
tomoderate-income neighborhoods. Projects will be
identified for the 35th Year CDBG. All interested
persons are encouraged to attend the hearing or may
tiunish woitlen comments prior to the hearing to
the City Secretary's Otnce, City of Ketmedale, 405
Municipal Dr., Kennedale, TY 76060.
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