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O185OFFICIAL G11Y SEGREA COPY C ITY OF KEiD ORDINANCE No. 185 AN ORDINANCE AMENDING ORDINANCE No. 40, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE of THE CITY OF ENNEHALE ; BY CHANGING THE ZONING CLASSIFI of CERTAIN PROPERTIES WITHIN THE CITY of I ENNEIIALE, BEIN APPROXIMATELY 24A ACRES ENCOMPASSING ILLOW BROOK ADDITION, BLOCK 1; KENNEDALE, C ITY of ADDITION: BLOCK 59, LOTS 1 THRU 3, BLOCK 7 � BLOCK 74, LOTS I TAU 4, BLOCK 75, LOTS I THRU 4; BLOCK 80, LOTS I THRU 4; BLOCK 81, LOTS I THRU 4; BLOCK 82, LOTS 1 THRU 4; BLOCK 83, LOTS I THRU 3; BLOCK 91, LOTS 1 THRU 4; BLOCK 92, LOTS 1 THRU 4; BLOCK 93, LO'T'S I THRU 4; AND BLOCK 95, LOTS 1 THRU 4; FROM "R " SINGLE FAMILY RESIDENTIAL DISTRICT TO "AG" AGRICULTURE DISTRICT; PROVIDING FOR TIM AMENDMENT of THE OFFICIAL ZONING MAP TO REFLECT SUCH C HANGES; PROVIDING THAT THIS ORDINANCE SHALL DE CUMULATIVE of ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERADILITY C LAUSE; AND PROVIDING AN EFFECTIVE DATE$ WHEREAS, the City of Kenncdale, 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; WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted a comprehensive zoning ordinance and reap 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 I ennedale on February 17, 2000 and by the City Council of the City o f &ennedale on the 9th day of March, 2000, 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 11 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, ICE IT ORDAINED BY THE CITY COUNCIL of THE CITY of KENNEDALE, TEXAS c-,1cityscolcounctl\ard\zonechgOO- 01(02- 28 -00) Page 1 SECTION 1* Ordinance Igo. 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: ZONING CASE_M .00 -01 Approximately 6.398 acres, more particularly described as Block 1, willow Brook Addition, 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-3" Single Family Residential to "AG" Agriculture District, Approximately 18 acres, more pafficularly described as Block 59, Lots 1 thru 3; Block 7 , Block 74, lots 1 thru 4; Blau 75, Lots 1 thru 4; Block 80, Lots 1 thru 4; Block 81, lets 1 thru 4; Block 82, lots 1 thru 4; Block 83, Lots I thru 4; Block 91, Lots 1 thru 4; Block 92, Lots 1 thru 4} Block 93 rots I thru 4; Bloch 94 ,dots 1 thru and Bloch ,Fats 1 thru 4 Ken pity of Addition, Tarrant County, Texas, and more particularly described on B hibit "B" attached hereto and incorporated herein for all purposes of this ordinance, is hereby rezoned from "R Single Family Residential to "AG" Agriculture 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 34 The City Secretary is hereby directed to amend the official zoning reap 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 sball be cumulative of Ordinance Igo. 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. o: \citysec\councillorc ones gOO -01(0 -28 -00 ) Page 3 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 thl"s 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, 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 lull force and effect from and after its passage and it is so M ED AND APPROVED this 9th day of March, 2000. '* '# Mayor, Mark S. Wrigh ) Iloilo City Secreta APPROVED ED TO FORM AND LEGALITY: City Attorney cAcitysecNcounelI\ard cncct gOO -o1 02 -28 -00 Page 3 PUBLIC.. HEARING NO I CITY OF KENNEDALE PUBLIC HEARING SIGN -IN FORM rcf � , ]D MAR - 9 7000 I� By SUBJECT: TO RECEIVE CITIZENS COUNTS REGARDING ZONE CHANGE 00- 01 FROM "R_3" SINGLE FAMILY DISTRICT TO "AG" AGRICULTURE DISTRICT, THE PROPERTY IS IDENTIFIED AS BLOCK 1 PLC BROOK ADDITION, AND BLOCK 59,73, 74, 75, 80. 81, 82, 83,91 92 93.94, AND 95, OF THE CITY OF IENNEDALE, AIIIII'TION* REQUESTED E S# SICNE EDWARDS. I AM APPEARING BEFORE THIS BODY TO TESTIFY (FOR {)AGAINST TFIE PROPOSED ZONE CHANGE 00 -01, IN SO APPEARING, I HEREBY MAKE THE FOLLOWING STATEMENTS: MY NAME IS: MY HOME ADDRESS IS: MY TELEPHONE NUMBER IS: MY OCCUPATION, PROFESSION, OR BUSINESS IS: MY BUSINESS ADDRESS IS: IN APPEARING BEFORE THIS BODY, I REPRESENT: MYSELF THE FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: .... THEIR BUSINESS ADDRESS IS c •. a SICNAT • DATE+ Ma 2, 2 000 FUBLIG HEARING NO. D - CITY OF KENNEDALE MAR �' z ° °° PUBLIC HEARING SIGN -IN FORM SU T O RECEIVE C COMM REGARDING ZONE CHANGE 00- 01 FROM " R - 3" SINGLE FAMILY DISTRICT TO " AG" AGRICULTURE DISTRICT. THE PROPERTY IS IDENTIITED AS BLOCK 1 SLOW BROOK ADDITION, AND BLOCK 59, 7 , 74, 75 82 83 91,92 93.94 AND 9 5, OF THE CITY OF RENNEDALE, ADDITION. REQUESTED B MS. S I NE EDWARD S. I AM APPEARING BEFORE THIS BODY TO TESTIFY (+'FOR OAGAINST THE PROPOSED ZONE CHANGE 00-010 W SO APPEARING, I HEREBY THE FOLLOWING STATEMENTS MY NAME IS: J el-� t� It Cl 9Q I'ObO It MY HOME ADDRESS IS : _ 9�, _!_ f3 z-90 MY TELEPHONE NUMBER IS: 3 3 2� if HIV - O CCUPAT ION, PROFESSION, OR BUSINESS IS: It __, rtod L,�.ac.A_er_ MY BUSINESS ADDRESS IS I. .�'Oo7e, IN APPEARING BEFORE THIS BODY I REPRESENT: ) M SELr' FOLLOWING PERSONS, FIRMS, CORPORATIONS, CLASSES OR GROUPS: Jr Eol s TH BUSINESS AD I ■ io o SI NATURM DATE: March 9 ,2000 Wayne &Darlene Winters P.O. BOX 1151 KENNEDALE, TX, 76064 February 8, 2000 RE: onm'g Change bequest fi -orn { - Y to "AG" Honorable Mayor, Council Members and on Cotes sioners, D M nR. s zoos I.) By FAX 8176336388 I am in receipt of a Notice of public Nearing which informs me that Ms. Signe Edwards has requested to have property she owns near me rezoned. I live on Viflage Street-Just south and west of the subject property. As you may be aware VRIage Street is a dead end street, ending just south of the City Ballfields. The area between the r air - oad tracks and Dick price Road where we live is ah rural Mn nature and bar- and - lane, most owners in this area own livestock,, ennedale is considered rural and one of the attractions for people to come to our city to live has been an open atmosphere where some of the residents owned several acres and had a few cows or horses. The agricultural uses and specifically the agricultural zoning adds a quality of life that many people seek. It is my op on that Agricultural Zoning is appropriate for this particular property for several reasons including the following: 0 the bulb of the 24 acres lies iu the 100 year flood plain a the entire eastern portion of the property is bordered by the rails - oad Please make my support of this zoning ease a part of the public record. irreerely, V ayneiinters D ECEI �//E MAR ° J 2000 1,) 0 February 12, 2000 E: Zoning Change Request from " - 3 " to " Honorable Mayor, Council Members and Zoning Commissioners, We are in receipt of a Certified Latter — Notice of Public Hearing, which inform us that Ms. Signe E dwards has requested to have property she owns re We as prope owners adjacent to S igne Edwards' 18 acre tract bounded b varatt on the n orth , Village Street on the prat and the railroa track on th east, support her in her request for rezoning this property, and her residence on + acres (Dillow Brook Addition at 500 Averett):, We feel "AG" zoning (single family, residential, livestock allowed) is more appropriate than the currant zoning R3. Being primarily in the floadplain, these large tracts are not sub - dividable, have been used for many years for horses and cattle, would he consistent with other acreage in the neighborhood already zoned "AG" and maintain the rural atmosphere. Please make my support of this zoning change a part of the public record. S incerely, e-111, a c3d 40 IAI9 Fri M, A R n { 9 2 rul 0 0 February 12, 2000 RE: Zoning Change Request from " R-T to « a; Honorable Mayor, Council Members and Zoning om i si oner , We are in receipt of a Certified Letter •— Notice of public Hearing, which informs us that Ms. Signe Edwards has requested to have property she owns rezoned. We, as property owners adjacent to s i ne Edwards' 18 acre tract bounded by Averett on the north, Village Street on the crest and the railroad track on the east, support herin her request for rezoning this property and her residence on + acres (Dillow Brook Addition at 500 Averett). We feel "A" zoning (single family, residential, livestock allured) is more appropriate than the current zoning R3. Being primarily in the fleedpiain, these large tracts are not sub - dividable, have been used for many years for horses and cattle, would be consistent with ether acreage in the neighborhood already zoned 'SAG" and maintain the rural atmosph Please make my support of this zoning charge a part of the public record, Sincerely, F I W E s� N4 2000 B February 12, 2000 E; Zoning Change Request from "R-3$ to "AG" Honorable Mayor, Council Members and Zoning Commissioners, We are in receipt of a Certified Letter -- Notice of Public Hearing, which informs us that Ms. Signe Edwards has requested to have property she owns rezoned. we, as property owners adjacent to Signe Edwards' residence on 6+ acres (Willow Brook Add ition at 5 00 Ave tt), support her i n her request for rezoni this property, and her 18 acre tract bordered by Averett on the north, Village Street on the west and the rai lroad track o the east. We feel "AG" z oning (single family, residential, livestock allowed ) is more appropriate than the current zoning 1. Being primarily in the floodplain, these large tracts are net sub- dividable, have been used for many years for horses and eattle,� could he consistent with other acreage in the neighborhood already zoned "AG" and maintain the rural atmosphere. Please make my support of this zoning change a part of the public record. S incerely, off r � f� �f r r' /Yrr MAR 9 z000 February 1, 2000 RE. Zoning Change Request from "R4) to 11 A G)) Honorable Mayor, Council Members and Zoning Commissioners, We are in receipt of a Certified Letter — Notice of Public bearing, which informs us that lids. Signe Edwards has requested to have property she owns rezoned. we, as property owners adjacent to Signe Edwards' 18 acre tract bounded b area on the north, pillage Street on the west and the railroad track on the east, support her in her request for rezoning this property, and her residence on + acres (Dillow Brook Addition at 500 Averett). We faai "AG" zoning (single family, residential, livestock allowed) is more appropriate than the current zoning R3. Being primarily in the flandp ain, these large tracts are not sub- dividable, have been used for many gears for horses and cattle, would be consistent with other acreage in the neighborhood already zoned "AG" and maintain the rural atmosphere. Please make my support of this zoning change a part of the public record. Sincerely, 0 qo E C E M A 1--� u:x 9 2000 February 12, 2000 RE: Zoning Change Request from " R-3" to "AG" Honorable Mayor, council Members and Zoning Commissioners, We are in receipt of a certified Letter — Notice of Public Tearing, which informs us that M. Signe Edwards has requested to have property she owns rezoned. We, as property owners adjacent to Signe Edwards' residence on + acres (Willow Brook Addition at 600 verett ), support her in her request for rezoning this property, and her 1 acre tract bordered by erett on the north, Village Street on the west and the rai lroad track o the east. We feel UAG' Zoni (single family residential, livestock allowed) is more appropriate than the current zoning R3. Being primarily in the flood lain, these large tracts are not sub- dividable, have been used for manor years for horses and cattle, would he consistent with other acreage in the neighborhood already zoned " and maintain the rural atmosphere. Please make my support of this zoning change a part of the public record. Sincerely, M"tef ('0 j�� r E-2 �. MA R 2 00 0 •rwyy;pw`YF4Ymwx.lnY.+*.y�.�. �--f h+wvy�..Y� o...w. o... —_x- - � 4p'{�•^+���a�r•ixY w. February 12, 2 000 E: Zoning Change Request from " {� �, to Honorable Mayor, Council Members and Zoning Commissioners, We are in receipt of a Certified Letter — Notice of Public Hearing, which informs us that Ms. s ne Edward ha requested to have property she owns rezoned. We, as property owners adjacent to Signe Edwards' residence on 6+ acres (Willow Brook Addition at 500 A verett), support her in her request for rezonin th property, and her 18 a cre tract bordered by A verett on the no V Street on the west and the railroad track on the east, !e feel "AG" z oni ng (single family, residential, livestock allowed) is more appropriate than the current zoning R3. Being primarily in the fioedplain, these large tracts are not sub- d ividable, have be en used for many years for h orses and cattle, wou be consistent with other acreage in the neighborhood already zoned "AG and maintain the rural atmosphere. Please make my support of this zoning change a part of the public record. Sincerely, � r . ,iFy :v� y r Y �! ��r•'' � w'r-� f � ..� r rr•::.:: '4y Y r �. •� r 's r � 4y rr kr FE MIT - s 2000 By February 12, 2000 RE: Zoning C Requ from "R,3" to "A Honorable Mayor, Council Members and Zoning Commissioners, We are in receipt of a Certified Letter — Notice of Public Hearing, which informs us that Ms. S igne Edwards has requested to have property she owns rezoned,, We as property owners adjacent to S igne Edwards residence on + acres (Willow Brook Addition at 500 Averett), support her in her request for rezoning this property, and her 18 acre tract bordered by Averett on the north, Village S treet on the west and the rai lroad tra ck on the east. We feel "AG" Zonin (single family, residential, livestock allowed) is more appropriate than the current zoning R3, Being primarily in the tloodplath, these large tracts are not sub - dividable, have been used for many years for horses and cattle, would be consistent with other acreage in the neighborhood already zoned "AG" and maintain the rural atmosphere. Please make my support of this zoning charge a part of the public record. Sincerely, S - � 6 2 41 // V,::� 'r, - "r. f c- � 1K, 1A, w -�� .�- .- -.0�-- a2 �/ �I// r c / /- FCL 9 2000 MAR February By- Feb ruary 12, 2 000 RE: Zoning Change Request from "P_ T to "AG" Honorable Mayor, Council Members and Zoning Commissioners, We are in receipt of a Certified Letter — Notice of Public Hearing, which informs us that Ms. Signe Edwards has requested to have property she owns rezoned. We as property owners adjacent to Signe Edwards' 18 acre tract bounded b Ave rest on the north, Village Street on the west and the railroad track on the east, support her in her request for rezoning this property, and her residence on 6+ acres (Willow Brook Addition at Soo Averett). We feel "AG" zoning (single family, residential, livestock allowed) is more appropriate than the current zoning R3. Being primarily in the fleodplain, these large t racts are not sub - dividable, have been used for many gears for horses and cattle, would he consistent with other acreage in the neighborhood already zoned "T and maintain the rural atmosphere, Please male nay support of this zoning change a part of the public record. Sincerely, 14 I.. - I- e (a 0I U. G c MAR 9 2000 ____ February 1, 2000 E. Zoning Change Request from "R to "AGO Honorable Mayor, Council Members and Zoning commissioners, We are in receipt of a Certified Letter ,- Notice of Public Hearing, which informs us that lbs. si ne Edwards has requested to have property she owns rezoned. We as property owners adjacent to si ne Edwards' residence on + acres (Willow Brook Addition at 500 Averett), support her in her request for rezonin this property, and her 18 acre tract bordered by Averett on the north, Village Street on the west and the railroad track on the east. We feel "AG" zonin (single family, residential, livestock allowed) is more appropriate than the current zoning R3. Being primarily in the fioodplain, these large tracts are not sub- dividable, have been used for many gears for horses and cattle, would he consistent with other acreage in the neighborhood already zoned "AG" and maintain the rural atmosphere. Please make nay support of this zoning change a part of the public record. Sincerely, J 76o4o