O330 (DENIED)
WHEREAS, the City of
adopted by the electorate pursuant
9 of the Local Government; ~
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENllEll,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
KENNEDALE; BY CHANGING THE ZONING CLASSIFICATION OF
CERTAIN PROPERTIF,S WITHIN THE CITY OF KENNEDALE BEING
APPROXIMATELY 11.6090 ACRES ENCOMPASSING POR NS OF
LOTS 4 AND 5, AND ALL OF LOT 6, BLOCK 10, C1tEST
ADDITION; PROVIDING FOR THE AMENDMENT OFT FICIAL
ZONING MAP TO REFLECT SUCH CHANGES• O THAT
THIS ORDINANCE SHALL BE CUMULA VE L O INANCES;
PROVIDING A SAVINGS CLAUSE; PR~ID SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECT D ~
adopted a compreh v oning ordi~
other structures and or business,
promoting the pub c health, salei~
comprchcnsive plan; and ~ ~ ~~ ~
requested by a
CITY OF KENNEDALE
OKll1NANCE N0.330
;r its charter
and Chapter
er~ment Code, the City has
e location and use of buildings,
or other purposes, for the purpose of
welfare, all in accordance with a
zoning classification of the property listed below was
a proprietary interest in said property; and
WHEpublic hearing was duly held by the Planning and Zoning Commission of
the City of Kenn eon March 16, 2006 and by the City Council of the City of Kenncdale on
the 13th day of April, 2006, 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
21 1 of the Local Goverunent Code; and
WHEREAS, the City of Kenncdale, 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:
SE.CTTON 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:lcityseclcouncil\ord\z~onechg04-08(U3-30-U6)
Page 1 of 3
Approximately 11.6090 acres, being comprised of portions of Lots 4 and _>, and all of Lot 6,
Block 10, Oak Crest Addition, 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 "R-1" Single Family District to "1" Industrial District.
SECTION 2.
T'he 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 criminate 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, paragn-aph 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:\cilysec\council\ord\zonechg04-08103-30-06) 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 ANll APPROVED this day of , 2006.
Mayor, Jim Norwood
ATTEST:
Kathy Turner, City Secretary
ANPROVED.4S'f0 FORM AND LIiGAI,I'I'1':
Wayne K. Olson, City Attorney
c:\citysec\cowicil\ord\zonechg04-08(03-30-06) Page 3 of 3