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O464 ORDINANCE NO. 464 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 0.431 ACRES ENCOMPASSING LOT 2, BLOCK A, BOWERMAN ADDITION, CITY OF KENNEDALE, TARRANT COUNTY, TEXAS; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; 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; WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted a comprehensive zoning ordinance and map regulating 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 August 19, 2010 and by the City Council of the City of Kennedale on the 9th day of September 2010, 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. 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: Approximately 0.431 acres, being described as Lot 2, Block A, Bowerman Addition, City of Kennedale, Tarrant County, Texas, and more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes of this ordinance, is hereby rezoned from "AG" Agricultural District to that of "R- 3" Single Family Residential District. SECTION 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 facilitate the adequate provisions of transportation, water, sewerage, parks and other public requirements. They have been made after a full and complete hearing with reasonable consideration 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 appropriate use of land throughout the community. SECTION 3. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. SECTION 4. The use of the property hereinabove described shall be 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 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. 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, since the same would have been enacted by the City Council without the incorporation in this 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 and it is so ordained. ,‘%` EN ,,,,,,Kat§SED AND APPROVED this 9 day of September, 2010. * t.., L.‘04,etervr- ' . Mayor, Bryan Lankhorst ''ATTEST: Kathy Turn , City Secretary APPROVED AS TO FORM AND LEGALITY: C'� ttorney PETITION FOR CHANGE OF ZONING CLASSIFICATION ZONING CASE # -QZ l O — ( DATE: City Council City of Kennedale Kennedale, Texas 76060 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL: You are hereby respectfully requested to approve the following request for a change of zoning classification. To change the zoning classification of the property described on Exhibit "A" attached, from its current zoning classification of "467" ( r. cel!/r/ru.l ) to that of " / 3 ( 'n k 6,,: / a in it's entirety as shown on Exhibit "B" attached, The property totals some 0. y2 ( acres. / Legal Description is Led 2 /Pock 4 ei {ice /�'or"�P� -rt» geclr'4ar- r"'" Present use of the property is hh *,/ ,4/ /.Jr,' ,7O . - d649- - e S' Address of the property is .lap / er ? Property Owner's Name: w,e 1t.ta. h en( r l?a.5,, Address: C,.3()0. d q lecc. Place_, aide %70 rf I)or l 7x . 76116 Telephone Number: 87 ? - - 3 ? 9 l Applicant's Name: En AvrrrlZT? (a S, Address: r_ P t' Plme Sad 9 IL)0/41-i, TX Telephone Number: 7 -3F, - 3Oa THIS IS TO CERTIFY THAT &wor 11 j I)'- ias . n IS THE SOLE OWNER(S) OF THE PROPERTY DESCRIBED IN EXHIBIT "A" A ND DEPICTED IN EXHIBIT "B ", ON THE DATE OF THIS APPLICATION. 6 W -12 / 7(191(\--- Owner Signature Owner Signature ' �� �]�� 10-10 .����� / ^� _, . " , `�� ' ,/ '|, ~. . ' � ` .. ui�+ - - r -� / �-- � '�.^ | - � .' �! >�/ i "'^ � L^ � ' ! �/, `' '� �L- ' ` ' / -__� (�`- | /fy' ' '`= `��^''� ~ | - - ^ ' /-- - �� --,,,%-. - ___- ~ ^^ �_- =^ '_ �. " | ' _ . ,..' rl 1 . , . : , :F_ 1 _ .,.,, , "r" , ',.... . ,,,.: , 1 ' - .,, ', . ,.: ..:..,, r, ii : ,, , iz .:-- !,...,,: :,::,1_,,,,.::. , H ._ .. __ � -_ ° �.^ " ~ _�/__' �� ' ~_ -- -_r-- - - --1 � | .� ~~' .' | ' ' I,. \ -- -- -- ( / . �` � l -- ' -„� | _- ^ ' ���� [_ .5. ^~ � |`�^ .��� '^ / ,.. "_, °__ '' ---- � ! � ~^ ��� =~ '� � | � | � � i / - [�| -- -- � � — ■ -__ __. _ ___� ~ [~[- ��-���--- -- ��— - ' `-- — ' ---- � - -- -- -- � 7- - ~ -- ` - • � � /° ^ ^ " ' ;"1''' +~ \ � J -^ �~ ~�'� , ` ` = ° 0 ^ - ^ , � ` . / ' ' | ---- "° "=~� ^ | i � | | / ` � �� ~ ` . ' 11 ! � ---- -`!"^ '--- { '' 8 ' --' m`i • . , �� __ �`. 13 ��~ / �/ ~�^ | 0. / ~ ^ `� ° `__ . n i - ------ , - _. * , _ -_ _-__ ^ ' / t, | � ~~ - | ~ ~ . � ----- � - -- _ - ^ _ 1 ^ '` ° 41, \ , �� . � '~. � ' ' - -- - --- -- | -| ^- --1 ( >< � � } | ~ i ` . l 1.4 ' ^ / , '�- - ' _�_ | -- | | � / ^ ^ � Data from City ofKennedale and r'JCTCOG Legend New lot created by PZ 10-00 Note: property lines shown for PZ 10 Property replatted under PZ 10 and pZ1U are approximate. Pink = R-3 zoning Yellow = R-2 zoning Brown = R-1 zoning Green = AG zoning w s Blue = PD designation s White outside city limits 0 250 500 1.000 Feet