ORDINANCE NO. 789 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF KENNEDALE, TEXAS, BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE CITY OF KENNEDALE, BEING FIVE PARCELS OF LAND, LOCATED AT 426 S DICK PRICE RD, 500 S DICK PRICE RD, 516 S DICK PRICE RD, 520 S DICK PRICE RD, 606 S DICK PRICE RD FROM "C-2" GENERAL COMMERCIAL AND "R-3" SINGLE FAMILY RESIDENTIAL TO "I" INDUSTRIAL DISTRICT; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas (the "City"), 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; 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, the property owners of a certain tract or parcel of land have requested a zoning classification change on the property from its current classification of "C-2" General Commercial and "R-3" Single Family Residential to "I" Industrial District; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City on July 24, 2025, and the City Council of the City of Kennedale held a public hearing on August 19, 2025, 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 Council of the City does hereby deem it advisable and in the public interest to amend the Unified Development Code, as amended, as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1. The Unified Development Code, 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: Being five parcels of land, located at 426 S DICK PRICE RD, 500 S DICK PRICE RD, 516 S DICK PRICE RD, 520 S DICK PRICE RD, 606 S DICK PRICE RD, City of Kennedale, Tarrant County, Texas, 76060 (the "Properties"), as more fully depicted in attached figures 1, 2, and 3, (attached and incorporated herein) shall be rezoned from "C-2" General Commercial and "R-3" Single Family Residential to "I" Industrial District. SECTION 2. The zoning district and boundaries 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 use of the Property described above shall conform to all applicable regulations contained in the Uniform Development Code and all other applicable and pertinent ordinances of the City. Any further amendments to the permitted standards and regulations of the standards shall require public hearings and approval by the Planning and Zoning Commission and the City Council. SECTION 4. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. SECTION 5. This Ordinance shall be cumulative of the Unified Development Code, as amended, and all other ordinances of the City of Kennedale, Texas, 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 the Unified Development Code, as amended, 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 of the City of Kennedale 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 invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 8. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists enforcement of any of the provisions of this Ordinance shall be fined 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 9. The City Secretary of the City of Kennedale is hereby directed to publish the caption, the penalty clause, the publication clause, and the effective date clause of this Ordinance as provided by Section 3.10 of the Charter of the City of Kennedale. SECTION 10. 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 BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THIS THE ON THIS 27 DAY OF August 2025. APPROVED: /s/ MAYOR, BRAD HORTON ATTEST: /s/ CITY SECRETARY, BARBARA DAHL IPL0269048 Sep 3 2025