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O334 (DENIED)CITY OF KENNEDALE ORDINANCE N0.334 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 18.6846 ACRES ENCOMPASSING LOTS 1, 2 AND 3, BLOCK 10, OAK CREST ADDITION; PROVIDING FOR THE AMENllMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCF. SHALL BE CUMULATIVE OF ALL ORDINANCF,S; PROVIDING A 'AVINGS CLAUSE; PROVIDING A SEVEI2ABILITY CLAUSE; AND P VIDING AN F,FFECTIVE llATE. WHEREAS, the City of Kennedale, Texas is a home a ci under its charter adopted by the electorate pursuant to Article Xl, Sectjfm 5, o exas nstitution and Chapter 9 of the Local Government; WHEREAS, pursuant to Chapter 11 of e Local Government ,the City has adopted a comprehensive zoning ordin d ma gulating the locatio se of buildings, other structures and land for business, ' al, residential or othe the purpose of promoting the public health ety, r and general fa rdance with a comprehensive plan; and WH a c in the zoning t t property listed below was requested by r or entity having a pr ie r es id propert} ;and WH AS, a public he g I h the Planning and Zoning Commission of the City of Kennedale on M c , 20 _ the City Council of the City of Kennedale on the 13th day of April, 2~6, ~ pe a zoning change described herein; and WHE A r uire~nts of law dealing with notice to other property owners, publication 1 I requirements have been complied with in accordance with Chapter 2 I I of the c nt Code; and WAS, 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 ORDAINF,D 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 arca shall he altered, changed and amended as shown and described below: c:AcitysecAcouncil\ord\zonechg04-12(03-30-06) Page I of3 Approximately 18.6846 acres, being comprised of Lots 1, 2 and 3, Block 10, Oak Crest Addition, Tarrant County, Texas, and more particularly described on Exhibi~attached hereto and incorporated herein for all purposes of this ordinance, is hereby rezo from "R-1" Single Family District to "I" Industrial District. SECTION 2. The zoning districts and boundaries as in e with the comprehensive plan for the purpose of moti welfare of the community. 'hhey have b desi d to lessen safety from fire, panic, flood and nge o provide overcrowding of land, to avoid u e ncentration of pop provisions of transportati ater, age, parks and been made after a full a lete Baring with reaso the charac dis d its peculiar suits ' t view of cr fthe e of the buildine~l a The City changes in classic zoning map to reflect the se of the property hereinabove described shall be subject to al regulat ontained in the Comprehensive Zoning Ordinance and all other pertinent ordinances of the City of Kennedale, Texas. the applicable applicable and 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. SF.CTiON 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. SF,CTION 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 w~constitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, c:Acityseclcounci]\ordlzonechg04-12(03-30-06) Page 2 of 3 fbd have been rnadc in accordance health, safety, morals, and general congestio ~ e streets, to secure tde to nd air, to prevent u Tate the adequate b ents. They have d ti mong other things of ar uses allowed and with a e most appropriate use of land since the same would have been enacted by the City Council without incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragr section. SECTION 8. This ordinance shall be in full force ar~effec nd after its passage and it is so ordained. PASSF,D AND ATTEST: 3~~ Wayne K. Olson, City Attorney c:\citysec\council\ord\zonechg04-IZ(03-30-06) Page 3 of 3