O262CITY OF KENNEDALE
ORDINANCE N0.262
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 3.262 ACRES ENCOMPASSING THE NORTHERN
PORTION OF TRACT 1, B. JOPLING SURVEY, ABSTRACT 880;
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 October 16, 2003 and by the City Council of the City of Kennedale on
the 13th day of November, 2003, 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:
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Approximately 3.262 acres, being comprised of northern portion of Tract 1, B. Jopling Survey,
Abstract 880, 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 "R-1" 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,
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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.
,`~~~,,~~~"" ' S~F~D AND APPROVED this 13th day of November 2003.
of K'~'`nr , -~,
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G~ ' ~~~'s
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. *' Mayor, Mark S. Wri t
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APPROVED AS TO FORM AND LEGALITY:
City Attorney
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ZONING EXHIBIT „A„
BEING a tract of land out of the B. Jopling Survey, Abstract No. 880 and the B.
Jopling Survey, Abstract No. 886 in the City of Kennedale, Tarrant County, Texas,
and being more particularly described by metes and bounds as follows:
COMMENCING at a 1/2" iron rod with a plastic cap stamped "DiSciullo and~Terry" found
at the northeast corner of a tract of land conveyed to C. N. Hiett and recorded in Volume
583, Page 105, Deed Records of Tarrant County, Texas (DRTCT), said iron rod being
South a distance of 26.86 feet from an iron rod found at the northwest corner of a tract
of land conveyed to Penny and Danny Renfro, according to the deed recorded in
Volume 13406, Page 436, DRTCT and being on the west line of Lot 1, L. C. Rayburn's
Subdivision an addition recorded in Volume 388-F, Page 403, Plat Records of Tarrant
County, Texas (PRTCT), said iron rod also being on the south line of Swiney Hiett Road
(County Road No. 2149);
THENCE westerly with the south line of Swiney Hiett Road (County Road No. 2149) as
follows:
N 89° 50' 53" W a distance of 152.75 feet to a 1/2" iron rod with a plastic cap
stamped "DiSciullo and Terry" found for angle point;
S 73° 15' 07" W a distance of 11.35 feet to a 1/2" iron rod with a plastic cap
stamped "DiSciullo and Terry" found at the beginning of a curve to the right
having a radius of 502.47 feet, a central angle of 16° 54' 00" and a chord that
bears S 81 ° 42' 07" W 147.67 feet;
Westerly along said curve to the right, an arc distance of 148.21 feet to a 1/2"
iron rod with a plastic cap stamped "DiSciullo and Terry" found at the end of said
curve;
N 89° 50' 53" W a distance of 1174 feet to the current zoning delineation and the
previous location of the Kennedale City Limits as described in the City of
Kennedale Ordinance No. 172, recorded in Volume 13778, Page 337, DRTCT;
same being the POINT OF BEGINNING of the herein described tract of land;
THENCE S 00°09'07" W departing the south line of Swiney Hiett Road (County Road
No. 2149) and with the current zoning delineation and the previous location of the
Kennedale City Limits a distance of 225 feet to an ell corner of the previous Kennedale
City Limits and current zoning delineation;
THENCE N 89° 50' 53" W with the current zoning delineation and previous location of
the Kennedale City Limits and parallel to the south line of Swiney Hiett Road, passing
the common line a distance of 658 feet to the east line of a tract of land conveyed to
John Crawford as recorded in Volume 15727, Page 149, DRTCT;
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THENCE N 38°46'18" E departing the south line of the current zoning delineation and
with the east line of said Crawford tract a distance of 47.5 feet to a 1/2" iron rod with a
plastic cap stamped "DiSciullo and Terry" found for a comer;
THENCE N 00°27'39" W with the east line of said Crawford tract, a distance of 187.9
feet to a 1/2" iron rod with a plastic cap stamped "DiSciullo and Terry" found on the
south line of Swiney Hiett Road (County Road No. 2149) for a corner;
THENCE S 89° 50' 53" E with the south line of Swiney Hiett Road (County Road No.
2149) a distance of 630.3 feet to the POINT OF BEGINNING, containing a calculated
area of 3.262 acres of land.
"This document was prepared under 22 TAC 663.21, does not reflect the results of an
on the ground survey, and is not to be used to convey or establish interests in real
property except those rights and interests implied or established by the creation or
reconfiguration of the boundary of the political subdivision for which it was prepared. "
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