O286ORDINANCE N0.286 -
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 17 OF THE
KENNEDALE CITY CODE (1992), AS AMENDED, THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF KENNEDALE, BY PROVIDING
REGULATIONS FOR LARGE RETAIL FACILITIES; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET
FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
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, 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, as a part of the comprehensive zoning ordinance, the City has adopted
regulations regarding the development of large retail facilities; and
WHEREAS, the City desires to amend these regulations to allow for the approval
of parking lots for large retail facilities that are developed pursuant to an interlocal
agreement which places development controls on the facility; and
WHEREAS, a public hearing was duly held bythe Planning and Zoning Commission
of the City of Kennedale on the 11th day of January, 2005, and by the City Council of the
City of Kennedale on the 13th day of January, 2005, with respect to the zoning amendments
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
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the comprehensive zoning ordinance and 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 the Comprehensive Zoning Ordinance, as described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE,TEXAS:
SECTION 1.
Section 17-421 of the Kennedale Zoning Ordinance ("schedule of uses and off-street
parking") is amended by revising note 4 to the "notes to schedule of uses" following the
table to read as follows:
(4) "Large Retail Facility" shall mean: A facility offering retail sales and/or
services, whether occupied by one or multiple tenants, that is comprised of
more than 50,000 square feet of floor area, which includes gross floor area,
outdoor storage areas, and any outside area that provides associated
services to the public, including without limitation outdoor merchandise
display. The floor area does not include outdoor motor vehicle parking or
loading areas. In addition to other parking regulations that apply, parking for
a large retail facility is permitted only as an accessory use, and is allowed
only when immediately adjacent to a large retail facility that is located within
the corporate limits of the city. This requirement may be waived by the city
council at the time of approval of the conditional use permit forthe large retail
facility and/or parking area where the large retail facility is to be developed
pursuant to an interlocal agreement which places development controls on
the facility.
SECTION 2.
Section 17-422.1 of the Kennedale Zoning Ordinance is amended by adding a new
paragraph (e), "Waivers", to read as follows:
(e) Waivers. In granting an application for a conditional use permit for
large retail facilities, the city council may waive the specific
requirements set forth in this section when the city council determines
that the other conditions and criteria placed on the development are
adequate to protect the public health, safety, and welfare.
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SECTION 3.
This Ordinance shall be cumulative of 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 when provisions of such ordinances are in direct
conflict with the provisions of this ordinance, in which event the conflicting provisions of
such ordinances are hereby repealed.
SECTION 4.
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 5.
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 zoning
ordinance shall be fined, upon conviction, not more than Two Thousand Dollars ($2,000.00)
for each offense. Each day that a violation is permitted to exist shall constitute a separate
offense.
SECTION 6.
All rights or remedies of the City of Kennedale, Texas are expressly saved as to any
and all violations of the Comprehensive Zoning Ordinance or of any amendments thereto
that have accrued at the time of the effective date of this Ordinance and as to such accrued
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violations and all pending litigation, both civil and criminal, whether pending in court or not,
same shall not be affected by this Ordinance but may be prosecuted until final disposition
by the Courts.
SECTION 7.
The City Secretary of the City of Kennedale is hereby authorized to publish this
ordinance in book or pamphlet form for general distribution among the public, and the
operative provisions of this ordinance as so published shall be admissible in evidence in
all courts without further proof than the production thereof.
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 Charter of
the City of Kennedale.
SECTION 9.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED this 13th day of J uary, 2005.
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CITY SECRE ARY
APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY
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