O111~~r~n~^~ ~+T~~
SECttt iHRY'S COPY,
ORDINANCE NO. 111
AN ORDINANCE AMENDING ORDINANCE NO 40, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
KENNEDALE; BY EXTENDING THE BOUNDARIES OF THE BUSINESS
287 OVERLAY DISTRICT TO INCLUDE THE FOLLOWING PROPERTIES
WHICH WERE ANNEXED INTO THE CITY OF KENNEDALE, BEING AN
APPROXIMATELY 1.0 ACRE TRACT OUT OF THE DAVID STRICKLAND
SURVEY; AN APPROXIMATELY 9.775 ACRE TRACT OUT OF THE
KENNEDALE BUSINESS PARK, AND AN APPROXIMATELY 138 ACRE
TRACT OUT OF DAVID STRICKLAND SURVEY; PROVH)ING 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 Type A general-law municipality
located in Tarrant County, created in accordance with the provisions of Chapter 6 of the
Local Government Code and operating pursuant to the enabling legislation of the State of
Texas; 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, as a part of its zoning regulations, the city created a Business 287
C+verlay District which is located the entire length of Business 287 Highway (to the
northwest) and F.M. 1187 (to the southeast); and
WHEREAS, the properties described below are located adjacent to Business 287
Highway but were annexed into the city after the adoption of the comprehensive zoning
ordinance and map, and therefore, the city council desires to extend the boundaries of the
Business 287 Overlay District by ordinance to include those properties; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission
of the City of Kennedale on the 15th day of August, 1996 and by the City Council of the
City of Kennedale on the 12th day of September, 1996, with respect to the zoning changes
described herein; and
f:Miles\kennedale\ordinance\zonechg.006(OS-22-96) Page 1
~r
. ~
WHEREAS, all requirements of law dealing with notice to other property owners,
publication and all procedural requirements have been complied with in accordance with the
comprehensive zoning ordinance and 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 following properties
shall be included in the Business 287 Overlay District:
Tract 1
An approximately 1.0 acre tract of land out of the David Strickland Survey,
Abstract 1376, Tarrant County, Texas, which is identified as Tract 31C.
An approximately 9.775 acre tract of land identified as Lots 1R1, and 2R1,
Block 1, Kennedale Business Park, and Tract 3H, W.H. Hudson Survey,
Abstract 716, Tarrant County, Texas.
Tract 3
An approximately .138 acre tract of land out of the David Strickland Survey,
Abstract 1376, Tarrant County, Texas, identified as Tract 32D.
The underlying zoning on these three tracts as previously adopted by ordinance, shall
remain unchanged.
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,
f:\files\kennedale\ordinance\zonechg.006(08-22-96) Page 2
.+' ;
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.
f:\riles\kennedale\ordinance\zonechg.006(08-22-96) Page 3
..
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 12th day of September, 1996.
Vii:, .,. ..
..
r^,ti
rc~
ATTEST:
~~ct--~~ur/wf~
City Secretary
G~~ /~~, ~
Mayor Robert .`Mundy
APPROVED AS TO FORM AND LEGALITY:
(~t_J I ~ ~~
City Attorney
f:\61es\kennedale\ordinance\zonechg.006(08-22-96)
Page 4