O441 (WITHDRAWN)ORDINANCE NO. 441
AN ORDINANCE AMENDING
COMPREHENSIVE ZO
BY CHANGING THE Z
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WITHIN THE CITY O h
ACRES ENCOMPASSI `.4
ACRES ADDITION, CITI' OF
PROVIDING FOR THE A~'IENI
REFLECT SUCH CHANGES; P
BE CUMULATIVE OF ,11,
CLAUSE: t'~tifAVlDl~t:; A
the elecl6t'~
Government:
1A 'E i~O. 4t1, AS AMENDED, THE
OF 'THI; CITY OF KENNEDALE;
TION OF CERTAIN PROPERT[ES
EING APPROXIMATELY 10.323
F LOT i R, BLOCK 1, OLIVER
.DALE, TARRANT COIiNT~'_ T1:N
OF THE DFFICL~LllJNING !l1;1P
c'tf Kennedale, Texas is a home rule city acting under its charter adopted by
to Article XI, Section 5, of the Texas Constitution and Chap[er 9 of the Local
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted a
comprehensive inning ordinance and map regulatin, the location and use of buildings, other structures and
land for business, industrial, residential or other purposes, for the purpose of promoting the public health,
safety, morals and general welfare, all in accordance with a comprehensive plan; and
WHEREAS, a change in the zoning classification of the property listed below was requested by a
person or entity having a proprietary interest in said property: and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City
of Kennedale on September 17. 2009 and by the City Council of the City of Kennedale on the 8th day of
October 2009, 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 211 of the Local
Government Code; 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.
NOR', 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.'~kwrner~aiuncil\ord\zonechg09-22(1(1-08-09) Page 1 of4
10..'_3 acres out of Lot 1 R, Block 1, Oliver Acres Addition, City of Kennedale, Tarrant County,
Texa;. and more particularly described on Exhibit "A" attached hereto and incorporated herein
for all purposes of this ordinance, is hereby rezoned from "A-G" Agriculture to that of "R-3"
Sim_le Family Residential District.
SF,CTION 2.
The 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 tacilitate the adequate provisions of u•ansportation, water, sewerage, parks
and other public requirements. They have been made after a full and complete hearing with reasonable
con,ideration 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
appr~~priate use of land throughout the community.
SECTION 3.
The City Secretary is hereby directed to amend the official coning map to reflect the changes in
clas.ilications approved herein.
SECTION d.
The use of the property hereinabove described shall he 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 S.
This Ordinance shall be cumulative of Ordinance No. 40, as amended, and all other Ordinances of
the C ity 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
pro. i~ions 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 anv amendments thereto that have accrued at the time of the effective
date ~~f 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.
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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, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
pa~~acraph or section.
SECTION 8.
This ordinance shall be in full force and effect from and after its passage and it is so ordained.
PASSED AND APPROVED this day of
Mayor, Rryan Lankhorst
AT"I I ST:
Kathy "i~urner, City Secretary
API'kOVID AS lY) PONM AND LF;(iAI,I1~Y:
Way ne K. Olson, City Attorney
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EXHIBIT "A"
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