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O333 (DENIED)CITY OF KENNEDALE ORDINANCE N0.333 AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AME THE CO_'VIPREHENSIVE ZONING ORDINANCE OFT CI KENNEDALE; BY CHANGING THE ZONING CLASS TI F ~ CERTAIN PROPF,RTIF.S WiTHiN THF, CITY O EN E, BEING ~ AYYROXIMATELY 14.6349 ACRES ENCOMPA ING 37 ANll 38, BLOCK 1, OAK CREST ADDITION; P VID FOR THE AMENDMENT OF THE OFFICIAL ZONING TO LECT SUCH CHANGES; PROVIDING THAT THI O ANCE SHALL CUMULATIVE OF ALL ORDINAN P H)ING A SAVIN CLAUSE; PROVIDING A SEVERA CL . F.; AND PRO AN EFFECTIVE DATE. WHEREAS, the City of Ken , Te a home rule ci t harter adopted by the electorate pursuant to i X1, ction 5, of the Te u Chapter 9 of the Local Government WHEREAS, u to er 211 of the t de, the City has adopted a comprehensi o g ordinance and map regu and use of buildings, other structures and la r sines, industrial, re ~ nt 1 or r oses, for the purpose of promoting the public safety, morals a~ I e, all in accordance with a comprehensive plan; ar ~ `l WHEREAS, a change in requested by a person or entity hav WHEREAS, a public the City of Kennedale on Ma the 13th day of April, 2~ w; publication and all 211 of the Local G Code; and public interest to id'n of the property listed below was tin said property; and / h~[d by the Planning and Zoning Commission of by the City Council of the City of Kennedale on zoning change described herein; and of law dealing with notice to other property owners, nts have been complied with in accordance with Chapter ~ City of Kennedale, Texas does hereby deem it advisable and in the Ordinance No. 40, as amended, as described herein. NOW, THEREFORE, BF, 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:lcitysec\councillord\zone~;hg04-Il(03-30-06) Page I of3 Approximately 14.6349 acres, being comprised of Lots 37 and 38, Block Tarrant County, Texas, and more particularly described on Exhibit " incorporated herein for all purposes of this ordinance, is hereby re~ Family District to "C-I"Restricted Commercial District. The zoning districts and boundaries as with the comprehensive plan for the purpose of welfare of the community. They have been des safety from fire, panic, flood and other dange overcrowding of land, to avoid undue cer provisions of transportation, water, s , 1 been made after a full and complete i wit the character of the district and its p i uit view of conserving the valu the d gs a throughout the community o g other things of s owed and with a t t> xiate use of land zoning map to reflect the The use of the regulations contained in pertinent ordinances ofjth ascribed shall be subject to all the applicable Zoning Ordinance and all other applicable and Texas. all be cumulative of Ordinance No. 40, as amended, and all other ennedale affecting zoning and land use, and shall not repeal any of the ances except. in those instances where provisions of such ordinances are the provisions of this ordinance. All rights or remedies of the City of Kenuedale, 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 wiconstitutional 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:AcitysecAcouncil\ord\zonechg04- 11(03-30-06) Page 2 0l 3 Crest Addition, hed hereto and n "R-1" Single have been made in accordance Ith, safety, morals, and general gestion in the streets, to secure provide adequate ligh d air, to prevent n of population, to ate the adequate and other public re r eats. They have since the same would have been enacted by the City Council without the incorporation in his 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 a i so ordained. PASSED AND APPROVED this day of , 2006. ATTEST: Kathy'fun~er, City Secretary APPROVED AS'f0 FORM AND Wayne K. Olson, City Attorney / c:AcitysecAwunci Nord\zonechgU4-1 I (03-30-U6) Page 3 of 3