O107CITY OF KENNEDALE
ORDINANCE NO. 107
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF KENNEDALE; BY
CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY
WITHIN THE CITY OF KENNEDALS, BEING APPROXIMATELY 1.0 ACRES
ENCOMPASSING TRACT 31C, DAVID STRICKLAND SURVEY, ABSTRACT
1376; FROM "R1" SINGLE FAMILY 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 CUMIILATIVE 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, a change in the zoning classification of the property
listed be 1 ow 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 June 20, 1996, and by the City
Council of the City of Kennedale on the 11th day of July, 1996, and on
the 12th day of August, 1996 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 GoverrunenC
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 NO. 96-07
An approximately 1.00 acre tract known as Tract 31C, David
Strickland Survey, Abstract No. 1376, 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 "R1" Single Family
Residential 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 7oni_ng
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.
A11 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.
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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 12th day of September, 1996.
~ti~/u _
Mayor Ro ert Mundy
ATTEST:
~~~~~
City Sec tary
APPROVED AS 'PO FORM AND LEGALITY:
1~ oN~
City Attorney
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EXHIBIT "A"
TRACT I:
A 0.903 acre situated in the DAVID STRICKLAND SURVEY,
ABSTRACT N0. 1376, City of KENNEDALE, TARRANT COUNTY,
TEXAS, and being a portion of that certain tract of
land conveyed to Sam`s Music, Inc., (a Texas
Corporation) by deed recorded in Volume 6972, Page
1537, Deed Records, TARRANT COUNTY, TEXAS, said 0.903
acre being more particularly described by metes and
bounds as follows:
BEGINNING at a bent 1" iron found at the Northwest
corner of said Sam's Music, Inc. tract in the east line
of Wrey Crest Road, (R.O.W. varies) (per deed call),
East, 3492.8 feet and North, 1869.0 feet from the
called Southwest corner of said Strickland Survey;
THENCE South 89 degrees 26 minutes
167.02 feet along the north line of
Inc. tract to a steel post found in
that certain tract of land conveyed
deed recorded in Volume 10551, Page
TARRANT COUNTY, TEXAS;
?6 seconds East,
said Sam's Music,
the East line of
to FWT, Inc., by
165, Deed Records,
THENCE South 00 degrees 39 minutes 57 seconds West,.
along the common line of said Sam's Music, Inc. and
FWT, Inc. tracts, 176.39 feet to a bentpipe found at
the most northerly corner of that certain tract of land
conveyed to Raymond Rufus Swiney, et ux, by deed
recorded in Volume 1563, Page 434, Deed Records,
TARRANT COUNTY, TEXAS;
THENCE South 47 degrees 14 minutes 04 seconds, West
along the Northwesterly line of said Swiney tract,
168.12 feet to a Highway monument found at the most
Westerly corner of said Swiney tract, said point being
in the Northeasterly line of Pansfield Highway (State
Highway Spur No. 496, U.S. Highway No. 287, - R.O.W.
varies);
THENCE North 43 degrees 34 minutes 24 seconds West,
along the Northeasterly line of said Mansfield Highway,
26.03 feet to a highway monument found in the east line
of said Wrey Crest Road, said point being the beginning
of a non-tangent curve to the right whose radius is
224.00 feet and whose long chord bears North 09 degrees
11 minutes 10 seconds West, 79.14 feet;
Page 1
THENCE along the east line of said Wrey Crest Road, as
follows:
Along said curve in a northerly direction,
through a central angle of Twenty degrees 21
minutes O1 seconds, a distance of 79.56 feet
to a 34 inch iron set;
North 08 degrees 56 minutes 39 seconds West
101.40 feet to a 34 inch iron set;
North 02 degrees 51 minutes 16 seconds East,
95.12 feet to the POINT OF BEGINNING and
containing 0.903 acre of land, more or less.
Page 2
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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:
tag . 8
EVERMAN TQV1E6
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: Zoning Change Request - 5415 W. Mansfield Hwy.
which is attached to this affidavit, was published in said newspapers on the
following date(s); to wit
AUGUST 22, 1996
EXECUTED THIS, THE 3RD, DAY OF SEPTEMBER, 1996
JENNIFER ATHEY
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 3RD, DAY OF SEPTEMBER, 1996
_ HN EDD BLESSING
- -:,
°`'~«~- JOkNE~ll6lE&SlNG NOTARY PUBLIC
?ti~t~~°"e MY COt~AiS5iCR EXPIRES TEXAS
P"C~"~+~= JWy 10, 1997