O342OFFiCiAL CITY
SECRETARY'S COPY
ORDINANCE NO. 342
AN ORDINANCE AMENDING ARTICLE V, CHAPTER 17 OF THE
KENNEDALE CITY CODE, THE SUBDIVISION ORDINANCE OF THE
CITY OF KENNEDALE, TEXAS; MAKING CERTAIN PERMISSIVE
LANGAUGE MANDATORY; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City has adopted uniform regulations for the development and
subdivision of land within the city; and
WHEREAS, compliance with several of the current regulations for the
development and subdivision of land are optional; and
WHEREAS, the City desires to require mandatory compliance with some of the
currently optional regulations for the development and subdivision of land.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
Section 17-256 of the Kennedale City Code, is hereby amended to read as
follows:
Sec. 17-256. General development plan.
When a proposed development is a portion of a larger tract under
one (1) ownership or is to be developed in phases, the developer shall
submit a general development plan for review to obtain conceptual
approval by the planning and zoning commission in conjunction with or
prior to submittal of a preliminary plat. When appropriate, more than one
(1) tract or subdivision may be included with the general development
plan. The general development plan will allow the planning and zoning
commission to review proposed major thoroughfare street patterns, land
uses and relationships with adjoining areas. A general development plan
shall be construed to be a detailing of the comprehensive land use plan.
The general development plan shall contain the following information:
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(1) Proposed land uses by area with a tabulation summary of acres
and units per acre densities.
(2) A layout of adjacent properties showing existing platted properties
and the names of owners of unplatted tracts.
(3) Locations of all existing features such as streets, drainage
channels, easements or other physical features which may
Influence the development pattern of the property.
(4) The locations of any collector or arterial streets as shown on the
master thoroughfare plan.
SECTION 2.
Section 17-303(2) of the Kennedale City Code, is hereby amended to read as
follows:
(2) Block depths. Blocks shall have sufficient depth to provide for two
(2) rows of lots of appropriate depths. Exceptions to this prescribed
block depth may be permitted in blocks adjacent to major streets,
railroads, waterways or city limit lines. The use of a public alley
shall be limited to nonresidential subdivisions.
SECTION 3.
Section 17-303(7) of the Kennedale City Code, is hereby amended to read as
follows:
(7) Corner lots. Additional lot width shall be provided for corner lots to
allow for one (1) full size and one-half (1/2) size front yard setback
areas.
SECTION 4.
Section 17-303(12)a. of the Kennedale City Code, is hereby amended to read as
follows:
a. A proposed intersection of two (2) new streets at an
angle of less than seventy-five (75) degrees shall not
be acceptable. An oblique street intersection or
curved street approaching an intersection shall be at
right angles for at least fifty (50) feet from the
intersection.
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SECTION 5.
This Ordinance shall be cumulative of all provisions of ordinances and of the
Code of Ordinances of the City of Kennedale, Texas, as amended, except where the
provisions of this ordinance are in direct conflict with the provisions of such ordinances
and such code, in which event the conflicting provisions of such ordinances and such
Code are hereby repealed.
SECTION 6.
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, phrase, clauses,
sentences, paragraphs or sections of this Ordinance since the same would have been
enacted by the City Council without incorporation in this Ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 7.
All rights and remedies of the City of Kennedale, Texas, are expressly saved as
to any and all violations of the provisions of the Kennedale City Code or other
ordinances relating to development and subdivision of land which 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, whether pending in court or not, under such
ordinances same shall not be affected by this Ordinance but may be prosecuted until
final disposition by the courts.
SECTION 8.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this Ordinance
shall be fined no more than Two Thousand Dollars ($2,000.00) for all violations
involving zoning, fire safety or public health and sanitation, including dumping or refuse,
and shall be fined not more than Five Hundred Dollars ($500.00) for all other violations
of this Ordinance. Each day that a violation is permitted to exist shall constitute a
separate offense.
SECTION 9.
The City Secretary of the City of Kennedale is directed to publish the caption,
penalty clause, publication clause and effective date of this Ordinance as required by
Section 3.10 of the Charter of the City of Kennedale.
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SECTION 10.
This Ordinance shall be in full force and effect form and after its passage and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED ON THIS ~~ DAY OF ~I9Ly , 2006.
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APPROVED AS TO FORM AND LEGALITY:
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City Attorney
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