Loading...
O470[01 N 01 L K43 Ll 14 q = Ll WHEREAS,, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article X1, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, in order to promote the public health, safety and general welfare the City Council desires to adopt the proposed amendments to its city code in order to add regulations governing convenience stores and to amend regulations governing service stations; and 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 public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on December 16, 2010 and by the City Council of the City of Kennedale on January 13, 2011, with respect to the zoning amendments approved 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. NOW, THEREFORE, BE: IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1. Sec. 17'-431 of the Kennedale City Code is hereby amended by adding the following definitions for convenience store and service bay and by amending the definition for service station as follows: Convenience store means a small retail store (not a grocery store) offering the sale of convenience goods such as prepackaged food products, household items, and other goods commonly associated with the same which may also provide gasoline / petroleum products as a primary or secondary use. Service station means a business establishment with at least one service bay where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail, and the servicing of vehicles occurs, but not including the major overhaul of automobiles, body work, or repair of heavy trucks and equipment. .A service station is sometimes referred to as a "gas station," "filling station," or "fuel service station." Service bay means a specific location on a site used for servicing one motor vehicle. SECTION 2. Section 17-421 of the Kennedale City Code is hereby amended by adding and amending uses in the Schedule of Uses, as follows: See attached Exhibit "A" Except as otherwise provided in this Ordinance, 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.(70) for all violations involving zoning and Five Hundred Dollars ($500.00) for all other offenses, and in addition shall pay all costs and expenses involved in the case. Each day a violation occurs is a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION 4. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of all existing ordinances and of the Kennedale City Code (19 as amended, including but not limited to all ordinances of the City of Kennedale affecting zoning, licenses, taxation, and businesses, or sale or consumption of alcoholic beverages, 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. SECTIOil' 5. 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 Counci'l without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. SAVINGS CLAUSE All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of the Kennedale City Code (1991), as amended, or any other ordinances regarding affecting zoning, licenses, taxation, and businesses, or sale or consumption of alcoholic beverages 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, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted unti'l final disposition by the courts. SECTION 7. The City Secretary of the City of Kennedale is hereby directed to publish in the official newspaper of the City of Kennedale the caption, penalty clause, publication clause and effective date clause of this ordinance as provided by Section 3.10 the Charter of the City of Kennedale. This ordinance shall be in full force and effect from and after its passage and publication and it is so ordained. I PASSED AND APPROVED this 10 day of ZM- 201 ATTEST: Kelly C C RR < �A Interihf City 'S Mdfia"ry APPROVED AS TO FORM AND LEGALITY: B/ r an Lankhorst, Mayor L -- Wayne Olson, City Attorney Exhibit A 17-421 Schedule of Uses Uses AG R-1 R-2 R-3 OT D MF MH C-0 C-1 C-2 I Parking Convenience x 1/400 G.F.A. Stores Service Stations X 4 Minimum INVOICE Star - Telegram Customer ID: CIT33 400 W. 7TH STREET Invoice Number: 313734001 FCRT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 12/30/2010 Federal Tax ID 26- 2674582 Terms: Net due in 21 days 1 Due Date: 12/31/2010 Bill To: V ° * 'PO Number: CITY OF KENNEDALE 405 MUNICIPAL DR Order Number: 31373400 KENNEDALE, TX 76060 -2249 Sales Rep: 073 Description: CITY OF KENNED Publication Date: 12/30/2010 �� �6H� Cot` De fhuaiapla eTl r atr�i+�lagll sacatibn Leg al o CITY OF .PU I3580 ��� - �� 1 41 41 LINE $6.18 $253.46 CITY OF KENNEDALE NOTICE OF PUBLIC HEARING(5) Mise Fee Notice is hereby given to alt inter - $ 10 . 00 ested`parties that the City Council of the City of Kennedale, Texas will conduct public hearing(s) on Thursday, January 13, 2011, at 7:00 PM in the Council Chambers of City' Hari, ,located at 405 Municipal Dr., Kennedale. Tx. to receive public ' Net Am ou nt: $263.46 THE ST. gbst 1260 Jesse B Renfro7Survey ■ease ®aes ®° County ( (100 E Kennedale Pkwy) from "C2 General Commercial to "Cl" ! Re- stricted Commercial. The zone Before n change Js requested by Ainasir; County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star- Dhalla of Lanar Inc. All citizens are rele ram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and sa encouraged to attend the hearings 9 tY 9 Y P y that the to offer public comments or may lent was publis In the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM provide written comments to the A ( 817 21 ricer Carratnru'c (9frp_:405 Mu A r !` SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Notary Publi( Thank You For Your Payment V INVOICE Star- Telegram Customer ID: CIT33 400 W. 7TH STREET Invoice Number: 313324281 FORT WORTH, TX 76102 Invoice Date: 12/1/2010 (817) 390 -7761 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 12/31/2010 Bill To: PO Number: CITY OF KENNEDALE Order Number: 31332428 405 MUNICIPAL DR KENNEDALE, TX 76060 -2249 Sales Rep: 073 Description: Legal Notice Notice o Pu Date: '12 pp �y y �N � �yy A �j?o4EF i p {. C�W l l'y he R3tV 7 5 A✓� e �i l.�.L LEGAL NOTICE LegalNotil Notice of Pubic Hearing I3580 1 32 32 LINE $6.22 $198.92 The Kennedate Planning & zoning Commission Witt hold a public hearing for the following cases on Misc Fee Thursday, December 16, 2010 at ", $10.00 7:00 P.M. in the City council Chambers, located at 405 Municipal Drive, Kennedale,, Texas 76060. CASE 4 vPz, gi1 iF - -to receive com- ments and consider action to amend Chapter 17, Section 17- 426(c)(2) of s q � Net Amount: $208.92 the Kennedale city code, by amending regulations governing distance between padsites and by amending the requirements for ' AA11i a — —it anniiratrnnc w .sal9$t'lll�l /89,. - THE STAi E vi i County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared, Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published i e above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 Signed o6 � zcpk __. SUBSCRIBED AND SWORN TO BEFORE ME, THIS Saturday, Decg1n ef/yt 1, 2010. Notary Publi Thank You For Your Payment