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ORDINANCE NO. 66
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF RENNEDALE; BY
CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY
WITHIN THE CITY OF RENNEDALE, BEING APPROXIMATELY 11.4069
ACRES ON RENNEDALE SUBLETT ROAD TO SE PLATTED AS LOTS 1, 2
AND 3, BLOCK 1, MIDDLETON ESTATES, FROM "PD/R3" PLANNED
DEVELOPMENT/SINGLE FAMILY RESIDENTIAL DISTRICT TO "R1"
SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING FOR THE
AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SIICH
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 Zoning
Commission of the City of Kennedale on the 20th day of October, 1994,
and by the City Council of the City of Kennedale on the 10th day of
November, 1999, with respect to the zoning changes 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
RENNEDALE, 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:
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ZONING CASE NO. 94-OS
An approximately 11.4069 acre tract out of the W. E. Haltom
Survey, Abstract 1791, known as Tract 2B, according to the
plat recorded in Volume 8715, Page 198 and Page 201, Plat
Records, Tarrant County, Texas (being replatted as Lots 1, 2
and 3, Block 1, Middleton Estates) and being more
particularly described as follows: '
BEGINNING at the Southwest corner of Lot 2 said point being
in the centerline of Kennedale Sublett Road;
THENCE, North with the
distance of 947.30 feet
said West line of said
said W.E. Haltom Survey
limits line of the Ci
Kennedale;
West
to a
Lots
said
ty of
line of Lot 2 and Lot 3 a
point said point being where
intersects the North line of
point also being in the city
Arlington and the City of
THENCE, East with said North line of said survey and city
limits line a distance of 536.30 feet to a point said point
being the Northeast corner of said Haltom Survey said point
also being the Northwest corner of the part of Lot 3 that
lies in said Haltom Survey, Abstract No. 1791;
THENCE, South DO Degrees 33 Minutes West with the East line
of said Lot 3 and Lot 1 and the city limits line of the City
of Arlington and the City of Kennedale a distance of 938.90
feet;
THENCE, South 89 Degrees 05 Minutes West with the South line
of Lots 1 and 2 a distance of 529.37 feet to the PLACE OF
BEGINNING and containing 11.4069 acres of land more or less.
From "PD/R3" Planned Development/Single Family Residential
District to "Rl" 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.
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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.
SECTION B.
This ordinance shall be in full force and effect from and after
its passage and it is so ordained.
PASSED AND APPROVED this 10th day of November, 1994.
Mayor Bi 1 Abbott
P.TTEST:
City Secr ary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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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:
EvEx~rAN Trn~s
1KENNEDALE NEWS
FoRES1• Hu.L NEws
Soup Couty~ 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:
Public Hearing re: 11.7 Acres of W.E. Haltom Survey
which is attached to this affidavit, was published in said newspapers on the
following date(s): to wit
OCTOBER 20, 1994
EXECUTED THIS, THE 8TH, DAY OF NOVEMBER, 1994
JENNIFER C T
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 8TH, DAY OF NOVEMBER, 1994
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HN EDD BLESSING
•"F~'^iti., JOHN EDD BLESSING NOTARY PUBLIC
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.,:~~a July 10,1997