O294-i
ORDINANCE NO. 294
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 17 OF THE
KENNEDALE CITY CODE (1991), AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF KENNEDALE, TEXAS BY CHANGING
THE ZONING CLASSIFICATION ON CERTAIN PROPERTY IN THE
CITY OF KENNEDALE; REVISING THE OFFICIAL ZONING MAP IN
ACCORDANCE THEREWITH; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS
HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Kennedale 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, 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, the owner of the property located on Lot 1 R2, James A. Arthur
Addition, and containing approximately .6397 acres, has filed an application to rezone
the property from its present classification of "C-1" Restricted Commercial to "C-2"
General Commercial; and
WHEREAS, the Planning and Zoning Commission of the City of Kennedale,
Texas held a public hearing on April 21, 2005, and the City Council of the City of
Kennedale, Texas, held a public hearing on May 12, 2005, with respect to the zoning
change described herein; and
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Page 1
. WHEREAS, the City has complied with all requirements of Chapter 211 of the
Local Government Code, and all other laws dealing with notice, publication and
procedural requirements for the rezoning of the property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1.
The Comprehensive Zoning Ordinance, as amended, is hereby amended by
rezoning the hereinafter described property and area:
Lot 1 R2, James A. Arthur Addition, containing approximately .6397 acres,
as more particularly described on Exhibit "A" attached hereto and
incorporated herein:
from "C-1" Restricted Commercial District to "C-2" General Commercial District.
SECTION 2.
The zoning district as herein established has been made in accordance with a
comprehensive plan for the purpose of promoting the health, safety, morals and general
welfare of the community.
SECTION 3.
The official zoning map of the City of Kennedale is amended and the City
Secretary is directed to revise the official zoning map to reflect the approved zoning as
set forth above.
SECTION 4.
This Ordinance shall be cumulative of all provisions of ordinances and of the
Code of Ordinances of the City of Kennedale, Texas (1991), as amended, except when
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.
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SECTION 5.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if
any section, paragraph, sentence, clause, or phrase 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 sections, paragraphs,
sentences, clauses, and phrases of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of any such
unconstitutional section, paragraph, sentence, clause or phrase.
SECTION 6.
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 not more than Two Thousand Dollars ($2,000.00). Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 7.
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of the provisions of any ordinances governing zoning 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 until final disposition by the courts.
SECTION 8.
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 of the
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~ Charter of the City of Kennedale.
SECTION 9.
This Ordinance shall be in full force and effect from and after the date of its
passage and publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 12th D OF MAY, 2005.
OR
ATTEST:
CITY SECRE ARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
l/l~(~ ~~
CITY ATTORNEY
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EXHIBIT "A"
$T`AT~ OF TEXAS § '
GOUIaIYY OF TARRANT
yeas, we, Shawn and Suzanne Noble and N.M. and Elizabeth D. Patel being the owners. of Lot 1 R1 and Lot 1 a2,
,..:.
James A. Arthur Addition as recorded in the revised plat to Volume 388-159, Page 68, Plct Recorda. Tarrant County
Texae and described in warranty deeds recorded in Volume 12004, Page 2139, and Volume 11642, page 1592. Deed
Records, Tarrant County, Texas. and being more particularly described by metes and bounds os follows;
Beginning of a set ~" iron Rod at the nortl~eost corner of Lot 1 R1, being in the west line of Mansfield Highway, (U
Highway 287 Business) and also being S 41'52'00" E o distance of 150.25 feet from the interoect of the west line
of U,S. Highway 287 Business and the east line of Bowman Springs Road (County Road 2065);
THENCE S 41'52'00" E, with the west line of Mansfield:' Highway, a distance of 274.87 feet too set '~!" iron rod for
corner and being the northeast comer of Lot 4, J.A. Arthur Addition;
THENCE S 5T05'12" W, with the northerly line of Lot 4, J.A Arthur Addition, a distance of 161.70 feet to a found ~/,
iron rod for comer,
THENCE N 2T05'43" W, with o tract described in Voluir~re. 4135. Page 664, Deed Recorda, Tarrant County, Texas,
a di~tanee of 82.15 feet to o found ~" iron rod fora corner,
THENCE S 85'29'23" W, continuing with that tract of land described In Volume 4135, Page 664. Dead Records, Terror
Dou .city. Texas, 'a distance of 116.40 feet to a set . ~" iron rod for o comer, said point being in the east line of
BowrCtan Springs Road;
THENCE N 00'52'26' E, with the Bost.line of Bonrman Springs Rood. a distance of 135.75 feet to a found ~/" iron
rod (or o aomer.
T! ~E N 48'0'T44' E, with- the south line of a tract described in Volume 8170. Page U49, Deed Recorda. Tarrant
~oun!ty, Texas, a distance of 139.09 feet to the Point of Beginning and containing 1.042 acros of land more or less:
certificate of Dedication as follows:
<NOW AL,L MEN BY THESE PRESENTS:
t
that; we. Shhawn and Suzanne Noble and M.N. and Elizabeth D. Patel do beroby certify that we oro the legal owners
if tfle obave described tracts of land and do heroby convey to the public for public ;use; the streets. alleys. `
-ight3-of-ways, easements, .and any other public arose shown on this plat.
>how.n Noble M.N. Patel
a4zgnne Noble Elizabeth D. Noble
~~!f 4 rtie. ~fi~1#~ undersigned Notary Public in and for said county and State on this day personally appearod
known to me to be the person whose name is subscribed to the foregoing instrument and ''
~. ~~
~. ~ ~yl-~~~~#~ . •to .rne `that he executed the same for the 'purpose and considerations therein expressed, and ir1 the ~>
+~!?,~~e~~eiin stated.. r ~+
s.
~ >=ri ~9rt~1 drill seal of office this day of ~ ~;
=~ _~_