O182CITY OF KENNEDALE 01" C
ORDINANCE NO, 182 S F G R E I'A RY'S C 0 P
AN ORDINANCE AME NDING ORDINANCE No, 40 AS A ENDS%
THE COMPREHENSIVE ZONING ORDINANCE of TIRE CITY of
RENNEDALE; BY CHANGING THE ZONING CLASSIFICATION OF
CERTAIN PROPER'T'IES WITHIN THE CITY OF KENNE DALE, BEING
APPROXIMATELY *96 ACRES ENCOMPASSING TRACTS 54A3 AND
54A A, ABSTRACT 1375 SHELBY C01JNTY SCHOOL LAND SURVEY;
FROM 11 R-1 1 ' TEMPORARY SINGLE FAMILY RESIDENTIAL
DISTRICT TO "C -211 GENERAL COMMERCIAL DISTRICT;
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 SEVE RARILITY
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 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 neap 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
ITEREA, a public hearing was duly Meld by the Planning and Zoning Cornmisslon of
the City of Kennedale on September 1, 1999 and by the City Council of the City of Ienncdale
on the 14th day of October, 1999, 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 I ennedale, 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 TIRE CITY COUNCIL of THE
CITY OF KENNEDALE, 'TEXAS
SECTION 1.
Ordinance No. 40, as amended, is hereby amended so that the per uses in the
hereinafter described area shall be altered, changed and amended as shown and described below:
o:lci secicouncll\ordlzonechg99- 03(11- 05 -99) Page I
ZONING SASE NO, 99
Approximately .96 acres, more particularly described as Tracts 54A3 and 54A3A,
Abstract 1375, Shelby County School Land Survey, Tarrant County, Texas, and more particularly
described on Exhibit "A "' attached hereto and incorporated herein for all purposes of this
ordinance, is hereby rezoned fi'orr Temporary "R- V Single Family residential to "C-2" General
Commercial 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
Nvelfare 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 tbings of
the cbaracter 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 Iennedale, Texas.
SECTION 5,
This Ordinance shall be cumulative of Ordinance No. 40, as amended, and all other
Ordinances of the City oflennedale 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 eights or remedies of the City of Kennedule, Texas are expressly saved as to any and
all violations of Ordinance Igo. 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.
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SuCTION 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 decrce 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 full force and effect from and after its passage and it is so
ordained.
PASSED AND APPROVED this 11th day of November ear 1 999.
ATTEST:
City Seeretalye
APPROVED AS TO FORM AND LEGALITY:
City Attorney
U a4 I L-L)
Mayor, Mark S.. Wright
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