Loading...
O54OFFICI~,C CITY SECRETAR'~'S Cvl'Y CITY OF KENNEDALE ORDINANCE NO. 54 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 60 ACRES OUT OF THE DAVID STRICKLAND SURVEY, ABSTRACT NO. 1376, FROM °PD" PLANNED DEVELOPMENT AND "R-1" SINGLE FAMILY RESIDENTIAL DISTRICT TO "I" INDUSTRIAL WITH A 200 FOOT BUFFER OF "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 tkie 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, and to amend said ordinance and map 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 properties 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 16th day of June, 1994, and by the City Council of the City of Kennedale on the 11th day of August, 1994, 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 requireme~its 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, 8E IT ORDAINED SY THE CITY COIINCIL 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 areas shall be altered, changed and amended as shown and described below: AREA: An approximately 60 acre area as shown on the 1994 Tarrant Appraisal District Tax Map as Tracts 31, 31D, 31F2, 31J, 31K6A and 31K12, David Strickland Survey, Abstract No. 1376, as more particularly descried on Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein for all purposes of this ordinance. From "PD" Planned Development and "R-1" Single Family Residential District to "I" Industrial District, save and except that portion lying adjacent to and within 200 feet from the right-of-way of Highway 287 and Interstate Highway 20 (as more particularly described on Exhibit "A" attached hereto and incorporated herein) which is hereby zoned "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 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 the 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 2 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 11th day of August, 1994. ~ ..r ,9/ Ma or Bill Abbott ATTEST: Kath Tu er, City Secretary APPROVED AS TO FORM AND LEGALITY: ~,~ /c d ~~ City Attorney Date: ( FO ~' rI ADOPTED: O • ~~• ~4 EFFECTIVE: Q •~/' 9~ 3 ~ ~x~~~~ ~ 6EPJG o tract 07 lord wt of 11x Dovld Slrickbnd Survey, Abstract tJo. 1]76, in Ihe'Clly of Kasrsedole, Tarrml County, 7errn:, o-,rt beirsg o txxlim of tlr texts derv Rxd In Natures ]529, Poge I7, Volume 202h, Doge 411, and Yolurx 3001, Pope 551, of llx Deal Records of TarSOnl County, Tesos, and txlrvq more tsaticvlrulY r7escribed as lotlowst E3EGMNING at o h" Irm pin tr,t at Ilx Inlerser lion of tlx mrtlvrly line of ~,ILnon fipal, ns shown m tl,e plot recur dcJ In Yolune 627h, p3sgc 7]2 of the Deed ii Bawds of 1Qronl County, Team, asd the rorlf,coslerly Zinc of U.S. [iusincss FliglnaY Fb. 207; i THENCE North 41 drgrert 4J ntinute3 DO seconds West with tla mr1lrusteriY liar nl sold ~ Hi ~l nvoy No. 207, 264.40 feet to o h"iron pin set nt the swll,crly conscr of o 1 ucre Irxt; THENCE North 40 depren I] minutes CJ sccorwls Eost with Ile. srnstl.east line of sad'I are lrx t, 207.40 Ieel to a h" Iron pier set of its eoslerlY career; THENCE tJorth 41 degrees 47 minutes W seconds West with Ile. rxxtlxnsl linen! saW I are Irocl, 210.00 lecl Io 0 4^ iron pin set ct its nurthrrly corner; iF#.NCE South 40 rkgrees I3 minutes 00 ace,x,As West wUh Ile, nortlswrst lire, of Sad I acre Iral, 201.40 feel l0 0 7i iron pin set nl its westerly cunrr, Lring in IFx rwrlheost line of sudHigtsvray Tfa Iell 71-1CNQ North 41 J-genes 41 minx,{ea 07 sec o-xls Wr3I with q.r rx~r tlxntt lien of Said Hiyfwroy No. 281, 411.21 Ittl to a 1i Iron ry'n found in IIx crest lire. of a I arc Irrsct owned by Sore ASb,ru; ' THENCE North 46 degrees U rninnes (a7 seconds Eost with IIx mst line of sad Adorns tract, IIB.S3 Ieet to a b• iron pin set; THEtJCE North W degrees IS minrl.:s 16 seennds ea 31 310.79 Irrt1 to a !i Iron pin louxf in the east tine of a Majestic Liquor Store Iroct; THEt+ICE North 21 d-green 02 minutes 25 seconds West with the oust line of swd Mo)ntic Uquor afore Irxl, 2h197 (eel 10 o h" Irm pin loud in tlx soutlxrlY Ilnc of lntcrslalc Highway 1Jo. 20; THENCE North 45 degrrea f l minutes 00 seconds Emt wtlh the southerly llrsr of tnterstatr Mglnvoy No. 20, 1]7.54 lest to a monunrnt louxl, briny the Deglming of o wrva Ja t}r right, hwlnq o radius o) 1,182.06 legit, whose ctwrd beors~hsorth 49 drgees ~ 12 minute tb seconds East, 249.76 leer; THENCE alma sad curve ord southerly firs of fret crstote Highway No. 20, ittrovgh o erntrol ongla of 08 degree 02 rrsinvies W records, m ore distance of 249.77 leer to o h" iron Din set at the swthwest eorrxr of a tract of lord owned by Holly r7ufrfsor, Inc.; THEN South 89 degrees ]3 mirsvtcs 00 seconds Eost with Itx swth line of soid Holly Outdoor, I+Sc., trod, 290.03 feet to a h" iron pin found of its soutJ.east cornerl Tl-ENCE North t>D degrees 52 mirwta 25 seconds Emt with the cost fine of soid Holly Outdoor, Inc., Iroe4 orsd the east line of a-host of land owned t>y Mgtan 8. 8rayl es, 180.10 feet to o monunrnt found in the swtlxrlr line of soid tntersrore. Hlgtrway No. ZD, oad being tM begiminq o(a curve to the right haling o roditn of 1,782.86 fort, whose ~ rJnrd bears North 70 degrees 41 mirwles 48 seconds cost, 400.8] feet; T1-EnICE olmq soid curve and sarthcrb line of Intcntate "•ighwaY No. 28, though o central male of 12 degree 54 mirwtes JG seconds, m we aisroncc of 401.72 Ices to a b" iron pin set; . 7F~£F1CE tJorth 89 degrees 44 mirartes CO seeo++ds Emt +ith the sovtt,erly line of sad Inlerstete Higtswoy P1o. Z0, 552.43 feet tc a 5" Teen pin set at the nortflwest cor*scr oI o tract of lad emveyed b J. ,orrd Adoau, os recorded in Vplune I286,, Pope 109, of Iha ' Deed Records of Tarrvtt County, Texoa; TtiEFlCE South 00 degrees 19 minrtes W areords Eosr with t:Y west lira of soid Adorns , Tract, 379.]0 lest to a 7r" Teen pin set at its sovthwnt corner; THENCE North B9 degrees 44 minuln 00 seconds Emt with the south line of sad Adorra trod, (2400 fttf to a h" Irm pin set of its sovthenst corner; TYENCE'Nath OO dagrces,i9 minrle~ iX7 ieccrds Wean w{th,thr .cost Ilrsr of add Adorn l tract, 379.70 Iret la o h• Irm pin set at 11s norlhcoal corner, and briny !n Ihr tosKh.rly Ire of Intrrttalc Hlylrwoy No. 20t . . ,I :THENCE t+latlr B9 I deproes 44 minutes 00 seconds cost with tiro tovlherly line of abld hteralolc lilpl,woy No. 20, 1 i 7.37 lee! to a 518' Jrm pin found for Ilse norllxast corner of INs Iroctf .TI-IEtJCE South 00 degrees !9 mlrsvlet W trcasds~eost al 409A0 feel paw o 5/0" iron pin ' loured, of 459.40 Ittt poor o h" Iron pin act ord In all 1,747.87 Iect to 0 b" Irm pin set In the nortlrweslcrly lire of o TS toot Texas Eictlric Scrvlce ComponY (T.ES.CoJ iroctl THENCE South 47 degrees 57 minutes 19 seconds West with the norlbweaterly Ilse of aald T.E.S.Co. Irocl, 23.1A (act to a b' {yen plnscl In If>e north Ilne of sdd Gllmtirt 12ood{, THavNCE South 09 rkgrees 58 nslrgrlo CO seconds Wrsl with the north line of wld C14rw, .fiord. 954.49 fret to o S• iron ptn.set„ arsd Swlh A] degrees S6 minulm 44 aeeondt Wnt_, 207JI (rat to llx t OftTf Oi lIEGiNN1NG, and cmtdnlrq 59.it186 acres of fond. N. ~O 1 ' ' n n m' fi 0 H N O U] (D n C N• n m 0 a a .~ 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: EVERMAN TIMES KENNEDALE NEWS FOREST Hn.L NEws SOUTA CouNTV 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: Zoning Change; 60 Acres of David Strickland Survey, Abstract 1376 which is attached to this affidavit, was published in said newspapers on the following date(s): to wit JULY 21, 1994 EXECUTED THIS, THE 2nd, DAY OF AUGUST, 1994 _,~ NNIFER HE SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 2nd, DAY OF AUGUST, 1994 ,-~ ~~••• sd'OHN EDD BLESSING :;~+'~ JDtiN EDD BI.ESSINO NOTARY PUBLIC ~d :"~ MY COMMNS510N f~(PIRES '~x%;•: ~~ jury io, ~ssr TEXAS ,.4,,.,