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CITY OF KENNEDALE
ORDINANCE N0.266
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CIT`I OF
KENNEDALE; BY CHANGING THE ZONING CLASSIFICATION OF
CERTAIN PROPERTIES WITHIN THE CITY OF KENNEDALE, BEING
APPR07~IIMATELY 12.691 ACRES ENCOMPASSING TRACT 2, E.R.
MINGUS SURVEY, A-1075; 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 December 18, 2003 and by the City Council of the City of Kennedale
on the 8th day of December, 2004, 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:
c:\citysec\council\ord\zonechg03-06(12-02-03) Page 1 of 3
Approximately 12.691 acres, being comprised of Tract 2, E.R. Mingus Survey, Abstract 1075,
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 "R-1" Single
Family Residential District to "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,
c:\citysec\council\ord\zonechg03-06(12-02-03) Page 2 of 3
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.
,., , ~. ~ ~Ft48SED AND APPROVED this 12th day of February 2004.
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- Mayor Mark S. Wrig
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APPROVED AS TO FORM AND LEGALITY:
(N~~-~/
City Attorney
c:\citysec\council\ord\zonechg03-06(12-02-03) Page 3 of 3
lP'ETITION FOR
CHAIlTGE OF ZOl~tING CLASSIFICATION
ZONING CASE ~ - G' C
DATE: ~ ~ ~ 1 t O~
City Council
City Of Kennedale
Kennedale, TX. 76060
HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL:
You are hereby respectfully requested for a change of Zoning classification.
To change the Zoning classification of the grope described in Exhibit "A" attached,
from it's current Zoning classification of" " (~-- , ) to that of
" " (~ - 3 ) in it's entirety as shown on Exhibit `B" attached.
The property tots some _~~%~- acres. 's property is identified on the Tax Roll as
being 4 ~
Present use of the property is:
1
Property Owner's Name: ~~~ ~ SoG~a~1 mac.. .
Property Owner's Address:
Telephone No:
l ~1
THIS IS TO CERTIFY THAT o C• IS
THE SOON NER(S PROPERTY DESCRIB D IN EXHIBIT "A"
AND IC;x~:D "B" ON T$E DATE OF 'TffiS APPLICATION.
Signature)
~.
~ `
(Owner Signature)
LAWYERS TITLE INSURANCE CORPORATION
EXHIBIT A
Being a portion of the HUEYJEN LU and TIEN-EN LIU ( LU ) 86.552 acre tract
of land in the E.R. MINGUS SURVEY, A-1075, City of Kennedale Tarrant
County, Texas, according to the deed recorded in Volume 1097 Pagge 320,
Deed Records, Tarrant County, Texas, and being further descried by metes
and bounds as follows:
BEGINNING at a wooden fence corner post in the South line of Bowman Sprin s
Road, ( County Road 2065 ) said fence post being the Westernmost Nortpwes~
_ corner of the Lu tract;
THENCE North 68 Degrees 24 Minutes 51 Seconds East with the South line of
Bowman Springs Road, 120.25 feet to an iron rod set in the center of a
creek;
THENCE Southerly with the center of a creek;
South 36 Degrees 58 Minutes 20 Seconds East 4614 feet to a point from
which an iron rod stands South 43 Degrees 02 Minutes 35 Seconds West 50.10
feet;
North 84 Degrees 56 Minutes 40 Seconds East 177.57 feet to a oint from
whcih an iron rod stands South 12 Degrees 03 Minutes 40 Seconds West 83.88
feet;
South 34 Degrees 45 Minutes 20 Seconds East 86.14 feet to an iron rod set;
North 59 Degrees 49 Minutes 20 Seconds East 132.38 feet to an iron rod set;
South 59 Degrees 26 Minutes 20 Seconds East 217.56 feet to an iron rod set;
North 89 Degrees 52 Minutes 25 Seconds East 47.94 feet to an iron rod set;
South 22 Degrees 48 Minutes 05 Seconds East 124.06 feet to an iron rod set;
South 62 Degrees 38 Minutes 30 Seconds East 62.12 feet to a nail set;
North 58 Degrees 10 Minutes 20 Seconds East 89.96 feet to a nail set;
North 80 Degrees 44 Minutes 00 Seconds East 82.16 feet to a nail set;
South 09 Degrees 53 Minutes 15 Seconds East 153.52 feet to a nail set;
South 36 Degrees 24 Minutes 45 Seconds West 53.50 feet to a point;
South 00 Degrees OS Minutes 39 Seconds East 270.83 feet to a point at the
Northeast corner of a 6.703 acre Tract II conveyed to Kennedale Independent
School District by deed recorded in Volume 11133, Page 1996, Deed Records,
of Tarrant County, Texas;
THENCE South 89 Degrees 33 Minutes 04 Seconds West 100.92 feet to a point
at the Northeast corner of the Kennedale Independent School District tract
recorded in Volume 5981, Page 457, Deed Records of Tarrant County, Texas;
THENCE North 00 Degrees 14 Minutes 15 Seconds East 20.88 feet to a one half
inch iron rod found for the interior ell corner of the LU tract;
THENCE South 89 Degrees 30 Minutes 17 Seconds West 869.88 feet to a one
half inch iron rod found at fence corner for the Westernmost Southwest
corner of the LU tract;
THENCE North 0 Degrees 02 Minutes 15 Seconds West with fence 626.51 feet to
the PLACE OF BEGINNING and containing 12.691 acres (552,807 square feet )
of land, more or less.
Case No. 2003 JE 779574-V (00781) DOC# 1
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