O105 (DENIED)CITY OF KENNEDALE
ORDINANCE NO. 105
~~~ q~
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF TfiE CITY OF KENNEDALE; HY
CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY
WITHIN THE CITY OF KENNSDALE, BEING APPROXIMATELY 6.94 ACRES
ENCOMPASSING TRACTS lE, lEl, AND 3B, ABSTRACT 1285, CAZANDA
ROSE SURVEY; FROM "C1" RESTRICTED COMMERCIAL 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 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, a change in the zoning classification of the property
listed below 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 Zonincr
Commission of the City of Kennedale on June 2D, 1996, and by the City
Council of the City of Kennedale on the 11th day of July, 199 F„ cvit':~
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
comp~iied with in accordance with Chapter 211 of the Local Government
Code; and
WHEREAS, the City of Kennedale, Texas does hereby deem it
ad?~isable and in the public interest to amend Ordinance No. 40, a=
amended, as described herein.
NOW, THEREFORE, SE 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-OS
An approximately 6.94 acre tracts known as Tract lE, lEl,
and 3B, Cazanda Rose Survey, Abstract No. 1285, Tarrant
County, Texas, and more particularly described on Exhibits A
through C attached hereto and incorporated herein for all
purposes of this ordinance, is hereby rezoned from "C1"
Restricted Commercial 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 facili-fate 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 vie~s~
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 zc~nir~?
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 C';_+;~
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 Plo. 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.
2
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 ser_tion.
SECTION 8.
'Phis ordinance shall be in full force and effect from and after
its passage and it is so ordained.
PASSED AND APPROVED this 11th day of July, 1996.
Mayor Robert P. Mundy
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
3
10 si<
~]o
11
TA
~, 301
`
~ .58
AC
fR 2 ~
~
41 A CJ+> ~~'
ir° h
. v `
~
TR SD " . ~1 TR 1
_.89 AC ~ \~. ~a2a
~ A 1E
~~°
TR 3D
5.89 AC
TR 3A
7.0 AC
~..
~~
THIRD ST
3 ~ I ~ 4-R 3R
4R2 4R1 3R2
~ °G 3 1~] 113
6 F- 1W
1~] ^ 113 l1]
2A 2 s 1 I 2 s SR 2A ~ iRi iR2 2R1
f] _ 3
~~~ FOURTH ST
6• 5
8 7 5R w
a
_8 7 ~Jr'R
D
Z
H
a H
m
~
3
]0 J
i°° goo H
~;3~ 4 1 2 3 r a ~ 1A 3R U
2~Gj~
2 FIFTH
'] a 23 - 23 33 23 ~] 2] 23 Z3 }3
~~ ~,
Y ~ P ~ ~ ti
N
"II
.. O
~r1 p m ~~~ ~ ~ ~] ~ MITI
ST
DIY
13-R ° ^~ =
~~,- _
~ 8 7 6=~ 5~ Q
J _ _
w IL_.JI ~
J
H D-
a J
> ~
~ °1 2 Nr 4 ~
~ ~
~;~
>o ~
C
t
~~
1-A
23
>a ]° ]°
Z 8 7~ o_
Z
w -
Y
1 = 2 ~ 3'=
,°
CLOVERLANE
~.~
DR
August 12, 1996
Mr. Coy Quine, President
Tri-State Commercial Associates, JV
P.O. Box 833009
Richardson, Texas 75083-3009
RE: Zone Change 96-OS
Dear Mr. Quine:
Please let this letter serve notice that the City of Kennedale
City Council took action at their Regular Meeting held on August 8, 1996
to deny the referenced zoning change request for Tracts lE, lEl, and 3B,
Rose Cazanda Survey, Abstract 1285.
This letter is for filing purposes only, and should you have any
questions please feel free to contact me at (817) a83-1296.
Sincerely,
c~~i~/"!
Kathy Turner
City Secretary
209 N. New Hope Road, P. O. Box 268. Kennedale, Texas 76060 . (817) 478-541 B
B~ c'4~ 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:
EVERMAN TIMES
KENNEDALE NEWS
FOREST RILL 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; Rezoning - Cazanda Rose Survey
which is attached to this affidavit, was published in said newspapers on the
following date(s): to wit
MAY 30,1996
EXECUTED THIS, THE 4TH, DAY OF JUNE, 1996
-~
~~-~ ~'
JENNIFER CATH
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 4TH, DAY OF JUNE, 1996
,.~;~r' ° JOHN EDD 6LESSlNf HN EDD BLESSING
3<: :a IpY CQNMAISSIGN IXPIRES
~;•.. ;~ a~ly ~o, ias~r NOTARY PUBLIC
'gyp'"~ - TEXAS
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:
EVEKMAN TuvlEs
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; Rezoning - Cazanda Rose Survey
which is attached to this affidavit, was published in said newspapers on the
following date(s): to wit
MAY 30,1996
EXECUTED THIS, THE 4TH, DAY OF JUNE, 1996
1,~,
JENNIFER C
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 4TH, DAY OF JUNE, 1996
`,
_ 4 ,~
a~'w''• JOHN EDD BLESSING OHN EDD BLES ING
•*- MY COMMISSIGN EXPIRES
'~~~ ~= NOTARY PUBLIC
~. .e ` July 10, ~ss~ TEXAS
:, o<,