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O358 CITI( SECRt ~ ARY ®F~~C~~~L ~=1~~ CQ~'Y ' CITY OF KENNEDALE ORDINANCE N0.358 AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF KENNEDALE; BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF KENNEDALE, BEING APPROXIMATELY 48 ACRES ENCOMPASSING TRACT 2, J.M. LILLY SURVEY, ABSTRACT 980, AND TRACT 3, J.M. LILLY SURVEY, ABSTRACT 985; 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 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; 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 Zoning Commission of the City of Kennedale on January 18, 2007 and by the City Council of the City of Kennedale on the 8th day of February, 2007, 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 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 permitted uses in the hereinafter described area shall be altered, changed and amended as shown and described below: c:\citysec\council\ord\zonechg06-14(02-07-07) Page 1 of 3 Approximately 48 acres, being comprised of Tract 2, J.M. Lilly Survey, Abstract 980, and Tract 3, J.M. Lilly Survey, Abstract 985, 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 "AG" Agriculture District to "R-2" Single Family Residential 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 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 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, c:\citysec\council\ord\zonechg06-14(02-07-07) Page 2 of 3 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 8th day of Februarv. 2007. ,````t4NrunNrri.; L ~1~`_`•'~_~t ~ ~ Mayor, Bryan Lankhorst • ~ u ATT~ST.,. I\~'/ ~ Kathy Turner, City Secretary APPROVED AS TO FORM AND LEGALITY: W ~D,~ Wayne K. Olson, City Attorney c:\citysec\council\ord\zonechg06-14(02-07-07) Page 3 of 3 Jahn L. Harper [9031 574-36t'_3 p•t MKP_TURNER PAGE 02 • 12/12/2006 00:07 00000000000 p~7lTION FOF~ CHANGE OF ZONING CLASSIFICATION ZONING CASE # ~~o - ~4' oATi~: December Z~, 20~~ City Council City of Kennedale Kennedale, Texas 760 HONORABLE MAYOR AND MEMBERS OF THt CITY COUNCIL: You are hereby respectfully requested to approve the following request for a change of zoning classification. Ta change the zoning classificati fn of the property deb s~cr~d on Exhibit "A" attacl~ed, from it's ~ ( ) to that of " t~-2 " current zonin clas ification o ( ~ ~Om; 5' ) in it's entirety as sho non Exhibit "B" attached. The property totals som~+ ~(p.,_I ~ acres, -~ to al Description is ~~n I A~~~S IYl~!°~.l"t r 9S0 _~~9~ 9 Tarrant Giy. , Vo I. 5 l 42 Pg. 3~. Present use of the property is ~12Yl2~ IQ'b-d - r Ktvvat~~~~ ~ Address of the property is ~ ~ I + ' Property Owner s Name: ~;,~~n, ,tent' 4~ ~ ~ ~r - ~or~~~ Telephone Number: 90 3 . ~ 5~f . 3 3 q5 N1 K. P ~ ,~~s[?Gi cif e s 1 he " Applicant's Name: ~ Address: ~3~5 (~QN Y t•~ . TX p Telephone Number: g ~ 1.~~ ~ ' lS THE S41_E THIS IS TO CERTIFY THAT ~ h h ~ ' H aY~~4P OWNER(S) OF THE PROPERTY iDCAT ON. ED IN XHIBIT "A" ANDAND DEPICTEi~ IN EXHIBIT '"S", ON THE DATE OF THIS APP c.,... _/r- "-''`' ~ / " "~!X~`-°- Owner Signature ~ Owner Signature - GF No. 06-78000945 • EXHIBIT "A" All that certain tract or parcel of land lying in the County of Tarrant and State of Texas, described as follows, to-wit: Being 46.192 acres of land in the J. M. Lil?y Survey, Abstract Number 980 and the J. M. Lilly Survey, Abstract Number 985, Tarrant County, Texas and being all of that certain tract of land conveyed to John L. Harper according to the deed recorded in Volume 5162, Page 37, Deed Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a "pk" nail found, being the southwest corner of said Harper tract and the center of North Little School Road, said pk nail also being approximately 307 feet north of the southwest corner of said J. M. Lilly Survey, Abstract Number 980; THENCE, North 00 degrees 01 minutes 42 seconds East, generally along the center of said North Little School Road, 1 157.95 feet to a 1 /2" iron rod set for corner with a red cap stamped "CSI"; THENCE, South 89 degrees 58 minutes 20 seconds East, at 26.67 feet passing a 1 /2" iron rod found for corner being the southwest corner of a tract of land conveyed to Jaunita Russell Truitt according to the deed recorded in Volume 12766, Page 254, D.R.T.C.T. and continuing in all, along the north line of said harper tract, 1605.46 feet to a 1 /2" iron rod set for corner with a red cap stamped "CSI"; THENCE, South 00 degrees 03 minutes 58 seconds West, along the West line of Lots 7-11, Block 1, Oliver Acres according to the plat recorded in Volume 1383, Page 587, D.R.T.C.T., 1226.29 feet to a 1 /2" iron rod set for corner with a red cap stamped "CSI"; THENCE, North 89 degrees 16 minutes 07 seconds West, along the North line of Lots 1-5, Block 1 of said Oliver Acres, 1000.90 feet to a fence post found for corner, said f3ence post being the northwest corner of Lot 1-R, Block 1, Oliver Acres according to the plat recorded in Cabinet B, Slide 1785, P.R.T.C.T.; THENCE, South 00 degrees 43 minutes 53 seconds West, along the West lin eof said Lot 1-R, Block 1, Oliver Acres, 245.98 feet to a 1 /2" iron rod set for corner with a red cap stamped "CSI"; THENCE, North 63 degrees 17 minutes 05 seconds West, along the most southerly line of said Harper tract and along Mansfield Cardinal Road, 672.44 feet to the POINT OF BEGINNING. The tract of land herein described contaiunes 46.192 acres of land, more or less. NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATION ARE CORRECT. 2 ~ a ~ ~ ~ i ~ ? ~ ~ ~ r " i~_, R i r r 4 118~~ ~a~..~s{ . 3 ~a ~C:=:+~a G?: ~ ~ "r t:al°~T. ~'i ?r; ;a P3 r. o K; ' v ~ i ~~ggg 1- ~Jc t - ; ail{:. 4 6 ~ f A~ ~e z, 1J~yY S~^'990 ~ MRpaS tplMB --_z A~ '"'•t f3 r'F` F~ i~ ` ~em~w ioaosap ~^Je ' ~o ~ t ~c h; ~ c j ZOfJt':r, ~ ~ ~F ~ ~ t t~ + ' ~.-z ° .- ~ ~.s..~..,e..~=aa.. _.a...~SrIEY IETi'ROIID s_,..~ ~w,w. ~ ekEar s a ~ ^e., ~6JiJIPt.o f ~ ~ ~ i f,o _P:. EXHIBIT "A" c c u c U 1 C ivi ISoI utions engineers Surveyors Planners ~P.O. Box 100247, Fort Worth, Texas, 76185 z ~ (817) 423-0060 (817) 346-0520 Fax _ I i Copyright ©2006 CivilSolutions Inc EXHIBIT "B" DESCRIPTION OF PROPERTY BEING 46.192 acres of land in the J.M. LIILLY SURVEY, ABSTRACT NUMBER 980 and the J.M. LILLY SURVEY, ABSTRACT NUMBER 985, Tarrant County, Texas and being all of that certain tract of land conveyed to John L. Harper according to the deed recorded in Volume 5162, Page 37, Deed Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a "pk" nail found, being the southwest corner of said Harper tract and the center of North Little School Road, said pk nail also being approximately 307 feet north of the southwest corner of said J.M. Lilly Survey, Abstract Number 980; THENCE, North 00 degrees O1 minutes 42 seconds East, generally along the center of said North Little School Road, 1157.95 feet to a 1/2" iron rod set for corner with a red cap stamped "CSI"; THENCE, South 89 degrees 58 minutes 20 seconds East, at 26.67 feet passing a 1/2" iron rod found for corner being the southwest corner of a tract of land conveyed to Jaunita Russell Truitt according to the deed recorded in Volume 12766, Page 254, D.R.T.C.T. and continuing in all, along the north line of said Harper tract, 1605.46 feet to a 1 /2" iron rod set for corner with a red cap stamped "CSI"; THENCE, South 00 degrees 03 minutes 58 seconds West, along the West line of Lots 7- 11, Block 1, Oliver Acres according to the plat recorded in Volume 1383, Page 587, D.R.T.C.T., 1226.29 feet to a 1/2" iron rod set for corner with a red cap stamped "CSI"; THENCE, North 89 degrees 16 minutes 07 seconds West, along the north line of Lots 1- 5, Block 1 of said Oliver Acres, 1000.90 feet to a fence post found for corner, said fence post being the northwest corner of Lot 1-R, Block 1, Oliver Acres according to the plat recorded in Cabinet B, Slide 1785, P.R.T.C.T.; THENCE, South 00 degrees 43 minutes 53 seconds West, along the west line of said Lot 1-R, Block 1 Oliver Acres, 245.98 feet to a 1/2" iron rod set for corner with a red cap stamped "CSI"; THENCE, North 63 degrees 17 minutes OS seconds West, along the most southerly line of said Harper tract and along Mansfield Cardinal Road, 672.44 feet to the POINT OF BEGINNING. The tract of 1 d herein des 'bed ontains 46.192 acres of land. ~E OF TF,~, ~''~~'.~G\STfigFO'9c$' William L. Boomer, R.P.L.S. No. 2559 ° Wil l qM~ ' OOMER CivilSolutions Inc '•A ~ v•~ P.O. Box 100247 ~ Fort Worth, Texas 76185 (817)423-0060 (817) 346-0520 fax ~'t . j ~ ~ bill@civilsoltx.com tp~ t 1 ml Ni va7n ~ ~ ~ e. ~ dYS~- ~ q I j fr 6, . - - ,C ND~03lA SSDJJ~ - R ^ F , mI F ; y J D I N 1~ 3c' ~ a n N ~ ~ ; ~ W J ' • f O _Nl A'YJ3d _ ~ I ~ Y} ^3: 3 N : I ~ 3 II i m' _- _-.-_ _- _ W~ ~ 8 3a <Y I ~ _ yea'` I & ~ _ _ --- -_e - ~ I ~ ~ ° - - --- ---sg ~i ~ a~ ~ 6 ~ - -- - ---~-_-_ __- - -~ a ---- -- _ _ - __~1.1131ffiIS_L3f7o~--._ I ~ R o~ N a„ 'fig; ~ry ~ ~ i ~ S~, m~ -~---- 7 ~ ~ ^ 6 ~ O - -.'-_- E. 1-- oC ~ s a _ pag 9, ~ N ~ i ___.- __.._..-____ N _..._-~~_- ~ _ - - E ~ I ~ ~ ~ ~`a i ~ ce ~ - ' ~-- ~- ; - n _ c" y_. ay~ I r a ~ s9a~ p c~ 5t ~ F . ~ ~ m ~ ~ W ?e ~ wn I U Y ~ 2 N6 . i aG~-.a.. 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