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O305ORDINANCE N0.305 OFF~C~gZ CITY SECRETARY'S COPY AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 17 OF THE KENNEDALE CITY CODE (1991), AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF KENNEDALE, TEXAS BY APPROVING A CONDITIONAL USE PERMIT ON CERTAIN PROPERTY IN THE CITY OF KENNEDALE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale 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 Code; and WHEREAS, the City Council of the City of Kennedale heretofore adopted Ordinance No. 40 enacting a new Article VI of Chapter 17 of the Kennedale City Code (1991), as amended, the Zoning Ordinance of the City of Kennedale, which Ordinance regulates and restricts the location and use of buildings, structures and land fortrade, industry, residence and other purposes, and provides for the establishment of zoning districts of such number, shape and area as may be best suited to carry out these regulations; and WHEREAS, in accordance with Section 17-422.1 and Section 17-429 of the Zoning Ordinance, the owner of the property located at the southwest corner of the I H 20/U.S. 287 access road and Little School Road, containing approximately 9.856 acres of land has filed an application for a Conditional Use Permit for a Large Retail Facility in a "C-1"Restricted Commercial District; and WHEREAS, the Planning and Zoning Commission of the City of Kennedale, Texas held a public hearing on July 21, 2005, and the City Council of the City of Kennedale, Texas, held a public hearing on July 28, 2005, with respect to the Conditional Use Permit described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local W:\Kennedale\ORDINANC\Wal-Mart CUP.wpd (07/28/05) Page 1 Government Code, Section 17-429 of the Zoning Ordinance, and all other laws dealing with notice, publication and procedural requirements for the approval of a Conditional Use Permit on the property. NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1. The Zoning Ordinance of the City of Kennedale, Texas, as amended, is hereby amended to permit the fallowing conditional use on the hereinafter described property~and area as shown below: A 7.688 acre tract of land situated in the M.P. Lamar Survey, Abstract Number 987, Tarrant County, Texas and described by metes and bounds description in Exhibit "A" attached hereto and incorporated herein. A Conditional Use Permit for a parking area for a large retail facility, as more fully described on the site plan shown in Exhibit "B" attached hereto and incorporated herein. SECTION 2. The Conditional Use Permit as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. SECTION 3. The official map of the City of Kennedale is amended and the City Secretary is directed to revise the official zoning map to reflect the approved Conditional Use Permit as set forth above. In accordance with the written application attached hereto and incorporated herein as Exhibit "C", the City Council finds it necessary to extend the effective term of this Conditional Use Permit. In accordance with the foregoing, this Conditional Use Permit shall expire twelve (12) months from the date both the City of Kennedale and the City of Arlington accept the construction improvements to Little School W:\Kennedale\ORDINANC\Wal-Mart CUP.wpd (07/28/05) Page 2 Road unless, priorto that date, a building permit is issued and construction is commenced on the actual use. SECTION 4. In accordance with Section 17-421, Note 4, of the Kennedale Zoning Ordinance, the City Council waives the requirement that the large retail facility and accessory parking area be located within the city limits of Kennedale because the large retail facility is being developed pursuant to an interlocal agreement which places adequate development controls on the facility. SECTION 5. The City Council further waives the specific parking requirements applicable to the approval of the conditional use permit for the large retail facility because the landscaping, design and layout of the parking area as shown on Exhibit "B"places additional conditions and criteria on the development which adequately protect the public health, safety and welfare. SECTION 6. The use of the property described above shall be subject to all restrictions, terms and conditions contained in Exhibit "B" as well as the applicable regulations contained in th Comprehensive Zoning Ordinance and ?ll other app!icable and pprt!nPnt ordinances of the City of Kennedale. The use of the property is further subject to the following specific conditions and limitations: 1. Adherence to the requirements of the City of Arlington Landscaping Ordinance, as if the requirements of said ordinance were set forth in full herein; W:\Kennedale\ORDINANC\Wal-Mart CUP.wpd (07/28/05) Page 3 2. Adherence to the requirements set forth in City of Arlington Ordinance P05- 051 approving Planned Development zoning forthe limited commercial uses set forth therein, including large scale retail and minor automotive repair; 3. No outside storage is permitted on the subject property; 4. The large retail facility store shall not be opened for business until both the City of Kennedale and the City of Kennedale Arlington accept the improvements to Little School Road; and 5. The property shall be patrolled by multiple (more than one) security guards twenty-four hours a day, every day of the year. SECTION 7. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Kennedale, Texas (1991), as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. SECTION 8. It is hereby declared to be the intention of the City Council that the sections, paragraphs-sentences. clat.~ses, and phrases of this: OrdinancQ are severable, and if .any section, paragraph, sentence, clause, or phrase 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 sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. W:\Kennedale\ORDINANC\Wal-Mart CUP.wpd (07/28/05) Page 4 SECTION 9. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not more than Two Thousand Dollars ($2,000.00). Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 10. All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of any ordinances gov~:rning zoning that have accrued atthe time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 11. The City Secretary of the City of Kennedale is hereby directed to publish in the official newspaper of the City of Kennedale the caption, penalty clause, publication clause and effective date clause of this ordinance as provided by Section 3.10 of the Charter of the City of Kennedale. SECTIOR 12. This Ordinance shall be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS 28th DAY OF JULY, 2005. .~~ p ~ ~ ~ . . . . . . ~ F pq • , , . ~~ AYOR `.: :V. • • • *: .*. • .~_ :~ : %Q= :9 . :,~ • •~- -~q ~'•••....••~~~ •'~ ~rb~ni¢~,:i~~~~ ATTEST: CITY SECR ARY W:\Kennedale\ORDINANC\Wal-Mart CUP.wpd (07/28/05) Page 5 - ~ f EFFECTIVE: - /~'= -~f. C." APPROVED AS TO FORM AND LEGALITY: ~1~ o,~ CITY ATTORNEY W:\Kennedale\ORDINANC\Wal-Mart CUP.wpd (07/28/05) Page 6 METES AND BOUNDS DESCRIl'TION BEING a 9.856 acre tract of saana.d 91856t acre trac of land b i~ng more partic~ulart y~ber 987, Tarrant County, Texas, described as follows: BEGINNING at a 5/8 inch iron rod with a yellow plastic cap stamped "Dunaway Assoc, Inc." found in the westerly right-of--way line of Little Road (a variable width right-of- way) for the northeasterly ~ oethe lat re orded in Volume 388118$, Page 82~Plato the City of Kennedale according p Records of Tarrant County, Texas; THENCE North 89° 36' S7" West a distance of 464.37 feet to a 1/~ inch iron rod found for the northwesterly corner of Lot therBof recorded in Volume $8-211dPage 25 pl tl~ of Kennedale according to the plat Records of Tarrant County, Texas; THENCE South I S° 37' 55" East a distance of 159.17 feet to a %a inch iron rod found in the northerly right-of--way line of Treepoint Drive (a 70 foot wide right-of-way); THENCE with the northerly right-of-way line of Treepoint Drive the following: North 89° 34' 34" West a distance of 93.66 feet to a found capped '/z inch iron rod for the beginning of anon-tangent curve to the right, the radius point of said curve being situated North 00° 24' S3" East a distance of 565.00 feet from said iron rod; Northwesterly along said curve through a central angle of 18° 34' S2" an arc distance of 183.23 feet with a chord bearing of North 80° 17' 41" West and a chord distance of 182.43 feet to a point for comer; THENCE departing the northerly right-of-way line of Treepoint Drive, North 00° 38' 10" West a distance of 607.87 feet to a iron rod at a fence post found for corner; THENCE North 89° 21' S0" East a distance of 907.69 feet to a TxDOT monument found for corner in the curving westerly Sght Eases ~i~ce of 1,174.92 fe t from s a t of said curve being situated South 61 0 monument; THENCE with the westerly right-of--way line of Little Road the following: Southwesterly along said curve through a central angle of 8° 22' 38" an arc distance of 171.79 feet with a chord bearing of South 24° 42' S0" West and a chord distance of 171.63 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Dunaway Assoc, Inc." found for the end of said curve; EXHIBIT "A" South 20° 31' 47" West a distance of 189.06 feet to a TXDOT monument found for corner; South 22° 12' 47" West a distance of 179.55 feet to the POINT OF BEGINNING; CONTAINING a computed area of 9.856 acres (429,310 square feet) of land. EXHIBIT "A" EXHIBIT B Feet fGmley-Horn and Associates, Inc. July 14, 2005 iraMail mTdFacsimile (817) 483-0720 Mr. Mark White Community Development Director City of Kennedale 405 Municipal Drive Kermedale, TX 76060 Re: Wal-Mart Supercenter Traffic Impact Study Review Little Road, Arlington/Kennedale, TX Dear Mark: Over the past seven months, we have worked in conjunction with Wal-Mart's traffic engineer and the City of Arlington to review the proposed Wal-Mart Supen.enter along Little Road. Prior to the opening of the Wal--Mart, the following improvements have been proposed in or near the City of Kennedale: • Little Road will be widened to a six lane divided facility adjacent to the proposed site, allowing for a dedicated southbound left-turn lane from Little to Treepoint (City of Arlington, Wal-Mart); • Little Road will be widened south of Treepoint to allow for a dedicated northbound Left-turn lane on Little at Treepoint (Wal-Mart); • A hooded northbound left turn lane will be Provided on Little Road at the Wal- Martmain entry (City of Arlington, Wal-Mart); • Right-tum deceleration lanes will be constructed at all site driveways along Little Road and the US 287 Frontage Road (Wal-Mart); • The eastbound approach on Potomac Pazkway at Little School Road will be re- striped for exclusive left-tum and right-turn lanes (Wal-Mart); • The eastbound and westbound approaches on Pennsylvania Avenue at Little School Road will be re-striped for one exclusive right-tum lane and one shared through/left-turn lane (Wal-Mart). While there will be an increase in traffic volumes with the Wal-Mart development, the proposed capacity improvements summarized above will allow the study area roadways and intersections to operate at an acceptable level of service when the Wal-Mart is open. We appreciate the opportunity to be of service to the City of Kennedale. Should you have any additional questions, please do not hesitate to call me at (817) 335-6511. Sincerely, KIlvILEY--HORN AND A.SS(X:IATES. INC. l~~ ~~~~ ~~~ Aaron W. Nath~ui. P.E. P.~D61156.OOOAwai~a[t_'IiA ceviewlKennedde Wa1Mar_'fYa~e_Summerydoc Td 817 3356511 FAX 817 335 5070 EXHIBIT ~~ C ~~ 5rrik 1025 sot ~stl~, ul, Fort Wortl-, Texas 7sto2-sso3 CITY OF KENNEDALE PLANNING & ZONING COMMISSION APPLICATION POR CONDITIONAL USE PERMIT Applicant: Name Tom Galbreath Work Phone 817-335-1121 Home Mobile 817-296-6486 Address 1501 Merrimac Circle, Suite 100 Fort Worth, Texas 76107 Name Wal-Mart Stores Texas, L.P. c/o Tim Scott Work Phone 479-273-4859 Home Mailing Address 2001 S.E. 10th Street Bentonville, Arkansas 72712-6489 Location Southwest comer IH-20 / US 287 & Little Roadumberand treat) Legal Description A portion of Lot 3 Block 2 Treepoint & Unsubdivideii ( ot, Block & Vote: Attach metes and bounds description if property is not platted. District C-1 fu Yes ~O x Has a previous application or appeal been filed on this property? Date: wh the re uiremer Identify any requirements of Section 17-422.1, Kennedale City Code that cannot be met. Give reason (s) y q cannot be met. Attach additional sheets if space is needed. ,_~____..... ,.. ..,,~~r`Innr will be limited to 20 feet however standard .~ ~ ~~~rrPnt Standard for retail to ensure footcandle on the pavement surface will ran a from 2-5 footcandles. This attached Describe Conditional Use Permit requested: Conditional Use Permit is being reques the above Is true and correct. - fS Date CITY OF KENNEDALE PLANNING & ZONING COMMISSION OWNER AFFIDAVIT Case: #PZ ' 1 1 ~ ~ ( ~. Property Address: ~oGl~~.~~9s'~ ~~-.[ ~"~~ ~uS ~' ~ ~' t~~ G ~ Legal Description: ~L ut~lS Zvi Applicant: Type of P & Z request: ~,Yi t'01~1) L. .u.~ I, j ; ~,,~~j~p'~'" ,current owner of above mentioned property, authorize the applicant or his authorized representative to make application for the Kennedale Planning & Zoning Commission/City Council to consider granting the above reference request on my behalf and to ear before the Commission/Council. ~ ~_~~~~~ Owner Signature: ~/~p,, L Date: ~i~~~/aS ****~*~*********~****~r*~x~r******~r******~*~tnk*~c*****~*~r***~c*~r~re~fnk~k SWORN TO and Subscribed before me by~b/j~^O~ ON THIS ~ _ ~8~' DAY OF ~L , _, 20 ~_ --- .::;.: Mlzist~ iNlteFi~n ~'-t ~u4 ic, State of Texas ieelpn Exp ~" ,~`~pt~MY ~0mm kea ~} 1 2005 . ~~ .. ~: of Pu ic, Tarrant County, Texas METES AND BOUNDS DESCRIPTION BEING a 9.856 acre tract of land situated ~ act of land being more panic larlyumber 987, Tarrant County, Texas, said 9.856 acre tr described as follows: BEGINNING at a 5/8 inch iron rod with a yellow plastic cap stamped "Dunaway Assoc, Inc." found in the westerly right-of--way line of Little Road (a variable width right-of- way) for the northeasterly corner of Lot 2 corded in Volume 3 8181188, Page 821 Plato the City of Kennedale according to the plat re Records of Tarrant County, Texas; THENCE North 89° 36' S7" West a distance of 464.37 feet to a'/Z inch iron rod found for the northwesterly corner of Lot lA, Block 1, NCS Subdivision, an addition to the City of Kennedale according to the plat thereof recorded in Volume 3 88-211, Page 25, Plat Records of Tarrant County, Texas; THENCE South 15° 37' S5" East a distance of 159.17 feet to a'/2 inch iron rod found in the northerly right-of--way line of Treepoint Drive (a 70 foot wide right-of--way); THENCE with the northerly right-of--way line of Treepoint Drive the following: North 89° 34' 34" West a distance of 93.66 feet to a found capped '/2 inch iron rod for the beginning of anon-tangent curve to the right, the radius point of said curve being situated North 00° 24' S3" East a distance of 565.00 feet from said iron rod; Northwesterly along said curve through a central angle of 18° 34' S2" an arc distance of 183.23 feet with a chord bearing of North 80° 17' 41" West and a chord distance of 182.43 feet to a point for corner; THENCE departing the northerly right-of--way line of Treepoint Drive, North 00° 38' 10" West a distance of 607.87 feet to a iron rod at a fence post found for corner; THENCE North 89° 21' S0" East a distance of 9me of Little Road the' ra.di s point of said for corner in the curving westerly right-of--way curve being situated South 61° OS' S1" East a distance of 1,174.92 feet from said monument; THENCE with the westerly right-of--way line of Little Road the following: Southwesterly along said curve through a centraSloantg124 f42,250,3West and a distance of 171.79 feet with a chord beanng of chord distance of 171.63 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Dunaway Assoc, Inc." found for the end of said curve; South 20° 31' 47" West a distance of 189.06 feet to a TxDOT monument found for corner; South 22° 12' 47" West a distance of 179.55 feet to the POINT OF BEGINNING; CONTAINING a computed area of 9.856 acres (429,310 square feet) of land. ~ N W ~ s v ~ N a w :~ -~ cr ~ a ~ =..~ - R . LAM W N . SURVEY °°D o A - 9 ~ '~ ~ W --~ !~ ~i O ® ~ ~/ ~ ~ yG ~~ ln~ ~ / ~ ~' f ~~ ~ 2 m ~ ~ ~ ~ N W N --I ~ ~~ ~ N~ ~ i ~, t ~ `- ~J1 W ~ ~ ~ ~ ~ ~~ / + ~ ~ ~ ~ ~~ ~~ / { `~~ ~ 1 + ~• ~ • ` ~ ~ it ~I -1 [~ iCl W nv ~n ~ ~~ ~~ :~ ~~ a ~ ~~ oo ~~-- w -~ ~o~ ~~ GI J ~ D~ .~ Cn n CTt "'~ Oo ,~ U7 ~ ~D D, v n~ PLANNING AND LAND DEVELOPMENT § 17-422. i (2) That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the use; (3) That the establishment of the use will not significantTyo imps for uses ~eram'tted n the development and improvement of the surrounding p p rtY P district; (4) That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided; (5) That adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets; and (6) That the use shall conform to all applicable area, yard, height, lot coverage, building size and exterior requirements and parking space regulations of the district in which it is located. (b) Conditions and guarantees. Prior to the granting of any special exception, the board of adjustment may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special exception as deemed necessary to protect the public health, safety and general welfare of the community and to secure compliance with the standards and requirements specified in subsection (a) above. In all cases in which special exceptions are granted, the board of adjustment shall require such evidence and written guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. (c) Effect of denial of application. No application for a special exception which has been denied wholly or in part by the board of adjustment shall be resubmitted for a period of ninety (90) days from the date of said denial. (Ord. No. 40, 9-9-93; Ord. No. 197, § 4, 9-14-00) Sec. 17-422.1. Conditional use permits. (a) General provisions. Any use that requires a conditional use permit is prohibited in the city unless and until the city council grants a conditional use permit for such use in accordance with the requirements and procedures set forth in this section. (b) Hearing and procedure. (1) A conditional use permit may only be granted following a public hearing before the planning and zoning commission and the city council in accordance with the same notice and hearing requirements as for zoning changes as set forth in section 17-429(d) of this article. However, approval of a conditional use permit shall not be considered a change in zoning and shall not be subject to the protest procedures set forth in section 17-429(g) of this article.