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O335 (DENIED) CITY OF KENNEDALE ORDINANCE N0.335 AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED, THE COMPRF,HF.NSIVF, ZONING ORDINANCE OF THE CITY OF KENNEllALE; BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF KENNEllALE, BEING APPROXIMATELY 11.0878 ACRES ENCOMPASSING LOTS 35 AND 36, BLOCK 1, OAK CREST ADDITION; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFL SUCH CHANGES; PROVIDING THAT THIS ORUINANCE S L BE CUMULATIVE OF ALL ORDINANCES; PROVIDING VINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AN IDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas ho city acting under its charter adopted by the electorate pursuant to Article XI, Sect 5; o exas Constitution and Chapter 9 of the Local Government: WHF.RF,AS, pursuant to Chan of the Local Gove~ the City has adopted a comprehensive zoni other structures and ~ nd t~x~ promoting the y' ~ Iliculr e of buildings, or the purpose of accordance with a m of the property listed below was in said propem~; and WHEREAS, a the City of Kennedale the 13th day ol~il,' fly held by the Planning and Zoning Commission of )6 and by the City Council of the City of Kennedale on to the zoning change described herein; and airements of law dealing with notice to other property owners, requirements have been complied with in accordance with Chapter Codc; 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, BE 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:AcitysecAcouncil\ord~zonechg04-13(03-30-06) Page I of3 Approximately 1 1.0878 acres, being comprised of Lots 35 and 36, Block I, 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 f m "R-1" Single Family District to "['' Industrial District. SECTION 2. 1'he zoning districts and boundaries as herein tabus a be made in accordance with the comprehensive plan for the purpose of prom g th ,safety, morals, and general welfare of the community. They have been designed Jesse gestion in the streets, to secure safety from fire, panic, flood and other dan rs, to ovide adequate light ir, to prevent overcrowding of land, to avoid undue ~ trati f population, to fa the adequate provisions of transportation, water, sew arks and other publi i They have been made after a full and com hear h reasonable co ~d i they things of the character of the district a ecul suitability for t r wed and with a view of conservi vale buildings and ene:~ ~ nproariate use of land throughout the ity. I N The City Secretary is e dire changes in classifications~pp>~rjr~re~ regulations pertinent or the official zoning map to reflect the ~~d~erty hereinabove described shall be subject to all the applicable d m the Comprehensive Zoning Ordinance and all other applicable and of the City of Kennedale, Texas. SF,CTION 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 arry 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 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, c:Acityseclcouncil\ord~zonechg04-13(03-30-U6) Page 2 of 3 since the same would have been enacted by the City Council without the in tion in this ordinance of any such unconstitutional phrase, clause, sentence, para ors SECTION 8. This ordinance shall be in full force an feet and after its passa it is so ordained. PASSEll ANll APPROV 's day of , 2006. or, Jim Norwood ATTEST: 0 Kathy Turner, APPROVED AS "f0 FORM AND LEG.AL11'Y: Wayne K. Olson, City Attorney c:\citysec\council\ord\zonechg04-13(03-30-06) Page 3 of 3 TION THE STATE OF TEXAS ', COUNTY OF TARRANT BEFORE ME, a notary person whose name is subs authorized officer or emplt above named county, devo interest, published ~.~,r county where pub] hi?rs~v prior to the makil '~(>T~ newspaper on the ."E,l3t.rc't he~ c;ty c itv of Ke~ ~a-.~ SUBSC'RTBED A as ~ above named County, on this day personally appeared the Pat wing been duly sworn, says upon oath that he orshe is a-duly rant Star, which is a newspaper of genera] circulation in the ~' ° `-`~ ~..,al column lineage to the;carrying ofitems of general PRZ 0~-13 rot rezoning of ~k, entered as periodical permit postal matter in the nd 3fi; >3tnc~ (. tlarly and continuously for not less than 12 months st Addition, in or Kcnneaaie, attached to this Affidavit was published in said cip;il llr-, Kenne- -.~.. tndu,atrial, as TX' in order ur requested by Cody ce citir_enti• Nicholson. rents on the Case #P&Z 06-O1 ~ing~ Request forrewningof -.LllilOilZvC1 ~illC°_i Oi'~,n:p10y'e~~ #tP% UA-OK Tract 2, being 25.61 - r>t for rezoning oY acres of land oaf of the ns of l..ols 4, S and W.H. Hudson Survey, A Li,i Ci, Block 10, ~ i ~. City of Kennedale, iS da}' Of 2~~ 'rest Addition. in Tarrant County, Texas. ih' of ke'nneda(e, T'he property is located a1 (.-ouN~~. "!'etas. ut 7205 i-ludson V"illaQe nq~:~•ir; iti I,.x•atal Creels Ur. The zoning at m ~>`%.~Kenne+dalc dte presem w„e is °c- J. A yne Middleton ay. The zoning nt '-~ General Commercial T went three is "R_ and is pruR-~~sed to ~Otary PUb11C O~PpY AGd J. ALLYNE MIDDLETON ®+ Notary Publ(c STATE OF TEXAS pF My Comm. Exp. pyt7~pppg