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
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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