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O331 (DENIED)CITY OF KENNEDALE ORDINANCE NO. 331 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 2.9217 ACRES ENCOMPASSING LOTS 9, 10A, LlA THRU 13A, 14 THRU 18, 19A, AND 20 THRU 22, BLOCK 4, OAK CREST ADDITION; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGF,S; PROVIDING THAT THIS ORDINANCE SHALL BF. CUMULATIVE OF ALL ORllINAN '; PROVH)ING A SAVINGS CLAUSE; PROVIDING A SEVE CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a home r ~ actin adopted by the electorate pursuant to Article X1, Section 5, of th 'onsti 9 of the Local Government; WHEREAS, pursuant to Chapter 2 of th ocal ment Code, adopted a comprehensive zoning ordina e a ap r sting t e location and u;~ other structures and land for business, resid 1 or other purposes, to promoting the public health, fety, nd ge feral welfare, all comprehensive plan; and ~ _ WHEREAS, requested by~son the City the 13th WHEREAS, publication and all pr 21 1 of the Local Govt public CITY its charter and Chapter I~~ and Zoning Commission of ~unal of the Ciri~ of Kennedale on described herein; and Pealing with notice to other property owners, been complied with in accordance with Chapter of Kennedale, Texas does hereby deem it advisable and nce No. 40, as amended, as described herein. iRE, BE IT ORDAINF,D 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: a ~61ic hearing was on March 16, 200 2006, with reject c:AcitysecAcouncil\ord~zoncchg04-09(03-30-06) Page 1 of3 Approximately 2.9217 acres, being comprised of Lots 9, 10A, 1 1 A thru 13A, 14 thru 18, 19A, and 20 thru 22, Block 4, Oak Crest Addition, Tarrant County, Texas, and more particularly described nn Exhibit "A" attached hereto and incorporated herein for all purposes of this ordinance, is hereby rezoned from `C- I" Restricted Commercial District to "[" In~ District. The zoning districts and boundaries as herein establisl with the comprehensive plan for the purpose of promotin the welfare of the community. They have been designed t sen safety from fire, panic, flood and other dangers.. to ide overcrowding of land, to avoid undue con ration por Rfety, n~la s, and general m the streets, to secure Might and air, to prevent to facilitate t}u~adequate provisions of transportation, water, se g arks a ther public req been made after a full and complete h reas le consideration the character of the district a is pe bility for the particular view of conserving the ~ the b in d encouraging t~o throughout the commun' changes regulations pertinent o~ SECTION 2. have es of zoning map to reflect the described shall be subject to all the applicable Zoning Ordinance and all other applicable and Texas. "1•6rdinance 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 anv of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct cunllict 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, r.AcilysecAcouncillord\zonechg04-09103-30-06) Page 2 of 3 since the same would have been enacted by the City Council without the incorpor 'n this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or secti SECTION 8. This ordinance shall he in full force and effect from and passa and it is so ordained. PASSED AND APPROVED this ATTEST: Kathy Turn~City Secretary APPROVED Wayne K. O~City Attorney 3~ c:AcitysecAcouncillord\~onechg04-09(03-30-06) Page 3 of 3