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2015_11.19 PZ Packet ic KENNEDALE Planning and Zoning Commission www.cityofkennedale.com KENNEDALE PLANNING & ZONING COMMISSION AGENDA COMMISSIONERS - REGULAR MEETING November 19, 2015 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION - 6:00 PM REGULAR SESSION - 7:00 PM I. CALL TO ORDER II. ROLL CALL III. WORK SESSION A. Discuss any item on the regular session agenda B. Discuss items for future consideration C. Discuss joint work session with City Council IV. REGULAR SESSION V. CALL TO ORDER VI. ROLL CALL VII. MINUTES APPROVAL A. Consider approval of minutes from the October 15, 2015 Planning and Zoning Commission meeting. VIII. VISITOR/CITIZENS FORUM At this time, any person with business before the Planning and Zoning Commission not scheduled on the Agenda may speak to the Commission, provided that an official `Speaker's Request Form'has been completed and submitted to the Commission Secretary prior to the start of the meeting. All comments must be directed towards the Chair, rather than individual commissioners or staff. All speakers must limit their comments to the subject matter as listed on the `Speaker's Request Form.' No formal action can be taken on these items. IX. REGULAR ITEMS A. CASE # PZ 15-12 Consider approval of a preliminary plat requested by Emanuel Glockzin for 332-370 S. New Hope Rd, more particularly described as an approximately 23-acre tract in the C. B. Teague Survey A 15-06 and Robert C. Richey Survey A-1358, Tarrant County, Texas, conveyed from C D Fincher Estate to Emanuel Glockzin as recorded in instrument number D215220118. 1. Staff presentation 2. Applicant presentation 3. Staff summary and response 4. Action by the Planning &Zoning Commission B. CASE # PZ 15-13 Public hearing and consideration of Ordinance approval regarding a request by Kennedale Economic Development Corporation for a zoning change from "AG"Agricultural to "PD" Planned Development zoning district for single family residential use for that approximately 8-acre portion outside the floodplain of an approximately 15.6 acre tract, belonging to Ethel Swiney and located in the David Strickland Survey A-1376, Tarrant County, Texas. The property is mostly located west of the former Williamson Drive as shown on the plat abandonment recorded in Tarrant County Clerk's instrument number D214210746. Addresses include 1201, 1305, & 1307 Bowman Springs Rd. 1. Staff presentation 2. Applicant presentation 3. Public Hearing 4. Applicant response 5. Staff response and summary 6. Action by the Planning &Zoning Commission X. REPORTS/ANNOUNCEMENTS XI.ADJOURNMENT In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable accommodations for persons attending City Council meetings. This building is wheelchair accessible, and parking spaces for disabled citizens are available. Requests for sign interpreter services must be made forty-eight(48) hours prior to the meetings. Please contact the City Secretary at 817.985.2104 or(TDD) 1.800.735.2989 CERTIFICATION I certify that a copy of the November 19, 2015, Planning and Zoning Commission agenda was posted on the City Hall bulletin board next to the main entrance of the City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place convenient and readily accessible to the general public at all times and said agenda was posted at least 72 hours preceding the schedule time of said meeting,in accordance with Chapter 551 of the Texas Government Code. Rachel Roberts, Board Secretary ic KENNEDALE Planning and Zoning Commission www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: November 19, 2015 Agenda Item No: WORK SESSION- A. I. Subject: Discuss any item on the regular session agenda II. Originated by: Rachel Roberts, City Planner III. Summary: Under this agenda item, the Commission may discuss any item on the regular session agenda. No action may be taken on any item, and no public comments may be heard. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: VIII. Alternative Actions: IX. Attachments: ic KENNEDALE Planning and Zoning Commission www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: November 19, 2015 Agenda Item No: WORK SESSION- B. I. Subject: Discuss items for future consideration II. Originated by: Rachel Roberts, City Planner III. Summary: Under this agenda item, the Commission may discuss items it would like to have placed on future work session agenda. No action may be taken on these items. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: VIII. Alternative Actions: IX. Attachments: ic KENNEDALE Planning and Zoning Commission www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: November 19, 2015 Agenda Item No: WORK SESSION- C. I. Subject: Discuss joint work session with City Council II. Originated by: Rachel Roberts, City Planner III. Summary: For the benefit of any commissioners who were not able to attend the joint work session, the Commission may discuss the joint work session with City Council from Monday, Nov. 16th. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: VIII. Alternative Actions: IX. Attachments: ic KENNEDALE Planning and Zoning Commission www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: November 19, 2015 Agenda Item No: MINUTES APPROVAL - A. I. Subject: Consider approval of minutes from the October 15, 2015 Planning and Zoning Commission meeting. II. Originated by: Katherine Rountree, Permits Clerk III. Summary: Consider approval of minutes from the October 15, 2015 Planning and Zoning Commission meeting. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: Approve VIII. Alternative Actions: IX. Attachments: 1. 10.15.2015 PZ Minutes 110.15.2015 PZ Minutes Final.docx ic KENNEDALE Planning and Zoning Commission www.cityofl(ennedale.com KENNEDALE PLANNING & ZONING COMMISSION MINUTES COMMISSIONERS- REGULAR MEETING October 15, 2015 CITY HALL COUNCIL CHAMBERS,405 MUNICIPAL DRIVE WORK SESSION - 6:00 PM REGULAR SESSION -7:00 PM I. CALL TO ORDER Mr. Harvey called the meeting to order at 6:03 PM. II. ROLL CALL Commissioner Present Absent Ernest Harvey X Tom Pirtle X Harry Browne X Stephen Brim X Jeff Whitacre X Don Rawe X Carolyn Williamson X Alternates Billy Gilley X vacant There was a quorum. Mr. Browne joined the commission at 6:33 PM. Staff present: Rachel Roberts (city planner); Katherine Rountree (board secretary) III. WORK SESSION A. Presentation and discussion with staff from CHC Development concerning a possible planned development district application for property located along Bowman Springs Rd This lot is the Swiney property located on approximately fifteen (15) acres located on Bowman Springs Rd. Rian McGuire, 916 Bryant Ave. Fort Worth, TX, & Ryan Hill, 1600 West 7th St. Suite 200, Fort Worth, said they want to make a subdivision with 28 single family residences with a home owners' association. They went over the different lot sizes and said they believe the development will be more creative with the unusual lots. They went over what requirements they would want and what the commission would want them to have. B. Discuss any item on the regular session agenda The commission did not have time to discuss this item. C. Select items for discussion future agendas The commission did not have time to discuss this item. The work session closed at 7:01 PM. IV. REGULAR SESSION V. CALL TO ORDER Mr. Harvey called the meeting to order at 7:01 PM. VI. ROLL CALL Commissioner Present Absent Ernest Harvey X Tom Pirtle X Harry Browne X Stephen Brim X Jeff Whitacre X Don Rawe X Carolyn Williamson X Alternates Billy Gilley X vacant There was a quorum. Mr. Gilley was asked to serve as a regular member on the commission. Staff present: Rachel Roberts (city planner); Katherine Rountree (board secretary). VII. MINUTES APPROVAL A. Consider approval of minutes from September 17, 2015 Planning and Zoning Commission meeting Mr. Pirtle motioned to approve the minutes. The motion was seconded by Ms. Williamson and passed with all in favor except Mr. Harvey, who abstained from voting. VIII. VISITOR/CITIZENS FORUM No one signed up to speak IX. REGULAR ITEMS A.CASE# PZ 15-09 to receive comments and consider approval on an ordinance amending Chapter 17, Article VI, "Zoning", of the code of ordinances of the City of Kennedale, Texas, as amended, by establishing new zoning districts, "Neighborhood Village overlay district" and "Urban Village overlay district," and regulations for same, including regulations on permitted uses, building design,site design, landscaping, and signs. 1. Staff presentation Ms. Roberts said this is the final product from what the commission has been working on. She went over the regulations that were proposed to the commission in the staff report and made edits from suggestions from the commission. 2. Public hearing No one signed up to speak. 3. Staff response and summary Staff recommended approval with the following edits completed: 1. Correct typos 2. Restaurant parking should be doubled from what is provided in the draft ordinance. 3. Remove arrows showing traffic flow on illustrations of drive-throughs site design. 4. Add text that site plans must minimize conflict between pedestrians and drive way access. 5. Make sure some allowance is made for building setbacks to allow for patios for cafes and restaurants. 6. For the illustration showing temporary drive ways for drive-throughs, clarify that the temporary drive is only allowed until the properties develop and an alley or rear street access is possible. 7. In the table on setbacks, clarify that the 10' setback for accessory buildings is 10' from the rear of the primary structure. 8. Under definitions, move over the words being defined so that this section is easier to read. 9. In the section on bike parking, specify that at least 1 space is required. 10. Move the illustration on screening walls to the definitions section. 4. Action by the Planning &Zoning Commission Mr. Pirtle motioned to approve with the changes that were read during the staff summary response. The motion was seconded by Ms. Williamson and passed with all in favor except Mr. Harvey, who abstained from voting. B.CASE# PZ 15-11 Public hearing and consideration of Ordinance approval regarding a request by Summit Custom Homes for a zoning change for 2.07 acres from "AG" Agricultural zoning district to "R1" Single family residential zoning district at 1033— 1041 Swiney Hiett Rd and 1149 Swiney Hiett, legal description of Oliver Acres block 1 lot 5 and '/2 of lot 4 and lot 6D, Kennedale, Tarrant County, Texas. 1. Staff presentation Ms. Roberts said the area is zoned agricultural but the primary use in the area is a more standard single family residential. She went over the requirements for both agricultural and single family residential. She said the comprehensive land use plan says this area is intended to be residential in character and these lots are in compliance with the plan. 2. Applicant presentation Adlai Pennington, 1375 Gilman Rd, said that he has previously developed houses on the same street and described the kind of homes that would be developed if the rezoning were approved. 3. Public hearing No one signed up to speak. 4. Applicant response There was no applicant response. 5. Staff response and summary Staff recommended approval. 6. Action by the Planning &Zoning Commission Mr. Pirtle motioned to approve. The motion was seconded by Mr. Browne and passed with all in favor except Mr. Harvey, who abstained from voting. X. REPORTS/ANNOUNCEMENTS The Bird Workshop will be from 8:00 AM to 10:00 AM on Saturday, October 171h at City Hall. The Public Safety Open House will be from 10:00 AM to 12:00 PM on Saturday, October 17th at the fire house. The Bring It! event will be from 9:00 AM to 11:00 AM on Saturday, October 24th at City Hall. Trunk-or-Treat& Movie in the Park will be from 5:00 PM to 9:OOPM on Saturday, October 24th in TownCenter Park. The Kennedale Historical Society's annual membership meeting will be on Sunday, October 18t" The Bird Habitat Clean-Up will be from 9:00 AM to 1:00 PM on Saturday, November 7t" XI. ADJOURNMENT Mr. Brim motioned to adjourn. The motion was seconded by Mr. Browne and passed with all in favor except Mr. Harvey, who abstained from voting. The meeting adjourned at 8:10 PM ic KENNEDALE Planning and Zoning Commission WWW.Cityofi(ennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: November 19, 2015 Agenda Item No: REGULAR ITEMS - A. I. Subject: CASE # PZ 15-12 Consider approval of a preliminary plat requested by Emanuel Glockzin for 332- 370 S. New Hope Rd, more particularly described as an approximately 23-acre tract in the C. B. Teague Survey A 15-06 and Robert C. Richey Survey A-1358, Tarrant County, Texas, conveyed from C D Fincher Estate to Emanuel Glockzin as recorded in instrument number D215220118. 1. Staff presentation 2. Applicant presentation 3. Staff summary and response 4. Action by the Planning & Zoning Commission II. Originated by: Rachel Roberts, City Planner III. Summary: Request: preliminary plat Location: Kennedale New Hope Rd, immediately south of(adjacent to) Sonora Park Requested by: Emanuel Glockzin Staff Review and Recommendation. City staff and our engineers reviewed the preliminary plat for compliance with the comprehensive plan and with city standards and regulations. Comprehensive plan. The Future Land Use Plan shows this area to be within a Neighborhood character district. This district is primarily residential in nature. Neighborhoods should have defined boundaries, a clear center, and be easily accessible to day-to-day goods and services... The center of a neighborhood should be a civic, public, or community use in which people can come together— such as a park, school, or neighborhood amenity center. The proposed plat is for residential use that includes community gathering places, and staff therefore considers the plat to be in compliance with the comprehensive land use plan. City standards and regulations. Staff reviewed the preliminary plat and asked the applicant to make several changes. Revisions were received at the end of the business day on 11/12. Engineering staff have reviewed the plans and have a few follow-up comments that need to be addressed. These comments can all be addressed through the final plat, however. None of the comments are significant enough to withhold approval of the preliminary plat, so long as it is understood that final engineering plans will need to be designed according to the forthcoming water and sewer studies, and the design Engineer for New Hope Road may require additional right-of-way dedication as part of the final plat (in addition to any other comments that will need to be addressed). A few minor changes are needed on the plat drawing. First, two of the adjoining lots still show incorrect zoning. Also, the owner's name on the plat will need to be changed to match deed records, and the setback lines will need to be labeled. We have notified the applicant of these necessary changes. The preliminary civil plans have not been included with the packet but will be available to the Commission members at the meeting. Staff recommendation. Staff recommends approval of the preliminary plat with the following conditions. 1. The final engineering plans will need to be designed according to the forthcoming water and sewer studies. 2. The preliminary plat should include a note that additional right-of-way dedication may be required as part of the final plat. 3. The correct zoning classification should be shown on the two properties that still show incorrect information. 4. The owner's name should match the deed records for the property. 5. The setback lines should be shown on the plat drawing. Action by the Planning &Zoning Commission. Preliminary plats do not require a public hearing and are not considered by the City Council. After the Commission has reviewed the preliminary plat, the applicant will be advised of any required changes and/or additions. Upon satisfactory completion of any requirements imposed by the Commission, the applicant may proceed with the submittal of a final plat. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: VIII. Alternative Actions: IX. Attachments: 1. PZ 15-12 plat drawing on inal 15-1008 PRELIMINARY PLAT-Si ned. df 2. staff comments, PZ 15-12 preliminary plat Kennedale Seniors staff& engineering plat comments. df 3. PZ 15-12 response letter 695-001 Rs Ltr RRoberts 15-1112 AS. df 4. IPZ 15-12 revised preliminary plat PZ 15-12 revised preliminary plat.pdf 5. PZ 15-12 application PZ 15-12 application.pdf 6. PZ 15-12 revised application PZ 15-12 revised application.pdf 7. Future Land Use Plan showing site to be PZ 15-12 future land use plan.pdf -platted 8. Easement doc 1 IRelease of Easement. df 9. jEasement doc 2 Access Easement Exhibits. df 2 E— E E 2 o W� 58 t -M E 0 Aq boxPmmv v .......... sos�oN nsnans 3nEVS�a'E��� I _ o�� zem ° "Pae Y xoo WD OHE --- KENNEDALE Planning Department www.cityofkennedale.com October 23, 2015 Emanuel Glockzin 4500 Carter Creek, Suite 101 Bryan,TX 77800 Staff review of preliminary plat for Kennedale Seniors LTD. Addition Dear Mr. Glockzin, City staff have reviewed the preliminary plat drawing and plans for Kennedale Seniors LTD Addition and request the following changes or additions be made. Comments from our engineers and Public Works are listed separately. 1.) The owner application states that Emanuel Glockzin is the property owner, but the plat drawing states that Kennedale Seniors, LTD is the owner. If Kennedale Seniors is the owner, then the application will need to be amended. If Mr. Glockzin is the owner, the plat drawing will need to be amended. 2) Preliminary plats are not reviewed by City Council, so please remove the signature block for the Council. 3) Please enlarge the title block. City code requires that the name of the proposed subdivision within the title block be shown with predominantly larger letters than those used elsewhere on the drawing. (Sec. 17- 299(15)) 4) The title block should include the total gross acreage. 5) The surveyor's statement should include a statement that the surveyor certifies that the plat is "true and correct and prepared from an actual survey made under [his] supervision on the ground." (Sec. 17- 299(18)). 6) The zoning designation of the property to be platted should be shown as Senior Living PD zoning district rather than Planned Development District—95. 7) The adjacent properties to the east and south are zoned R-3 Single Family Residential, not Planned Development District—95. 8) The lot and block numbers on the properties to be platted should be enlarged so that they can be located and read easily. 10) One sliver of property is labeled as Oliver S Kennedy&John D. Hudson, v. 37, p. 270, D.R.T.C.T. Is that label reflecting the ownership? Kennedy and Hudson were two ofthe original founders of Kennedale, and it seems unlikely the parcel would still be under their ownership. 11) In the owner dedication, please add a comma after"its duly authorized agent." 12) While structures should be shown on the plat drawing,the fence does not need to be shown. Sincerely, -�DL C�UQ V�&— Rachel Roberts I Community Development Director 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2135 1 Fax: 817-483-0812 E � .zncroscncruy.ucszcc,,.erv�.z.c.rvn.v-vv+,__.'c*�ss'ay.�.avx�vmzmFxz-1¢r,x. v�xa-.uf<-..s.xc..ccrcxx. um�s-.c_. antu� __-- c .._..ae��� ze October 22, 2015 Ms. Rachel Roberts City of Kennedale 405 Municipal Drive Kennedale,Texas 76060 RE: Senior Center-Civil Plan Review— Preliminary Plat Submittal Dear Ms. Roberts: The following is a list of our comments and observations regarding the Preliminary Plat Submittal we received on 10/13/15: Preliminary Plat 1. The plat shows an existing pond. Are there 404 permit considerations? Overall Site Plan, C1 1. A letter from the property/easement owner granting permission for the roadway crossings will be required. 2. 2 Easements are called out to Texas Electric Service Co., but are not shown on the Preliminary Plat. Buildings are shown within the easements. Please review and explain their purpose. 3. Please provide a water study to verify the 2" domestic waterline is adequate. 4. Please provide a sanitary sewer study to verify the increase in density has not impacted the sewer study prepared by Freese and Nichols. 5. The Fire Chief needs to verify all private roads meet the City's fire access needs. Overall Grading Plan,C2 1. Please provide adequate outfall when preparing the final engineering plans. Please feel free to ccntact me with any questions or comments at 817.810.0696. We are available to meet with the Engineer in order to discuss the comments if requested. WSincerel Mike Bennett, P.E. Shield Engineering Group, PLLC Shield Engineering Group, PLLC 1600 W, 7th St., Suite 200, Fort Worth, TX 76102 • office (817) 810-0696 • fax (844) 273-2180 Email: info @segpllc.com • www.shieldengineeringgroup.com T MJT No. 695-001 November 12, 2015 City of Kennedale Attn: Rachel Roberts 405 Municipal Drive Kennedale,TX 76060 Re: Preliminary Plat &Civil Plan Review Kennedale Senior Center Ms. Roberts, Please see the red lettering below to find our responses to the preliminary plat and civil plan review comments. Preliminary Plat Review 1. The owner application states that Emmanuel Glockzin is the property owner, but the plat drawing states that Kennedale Seniors, LTD is the owner. If Kennedale Seniors is the owner, then the application will need to be amended. If Mr. Glockzin is the owner, the plat drawing will need to be amended. The owner application has been corrected to show Kennedale Seniors LTD as the owner. 2. Preliminary plats are not reviewed by City Council, so please remove the signature block for the Council. Council signature block has been removed. 3. Please enlarge the title block. City code requires that the name of the proposed subdivision within the title block be shown with predominantly larger letters than those used elsewhere on the drawing. (Sec. 17-299(15)). Text size has been enlarged. 4. The title block should include the total gross acreage. Gross acreage has been added to the title block. 5. The surveyor's statement should include a statement that the surveyor certifies that the plat is "true and correct and prepared from an actual survey made under[his] supervision on the ground." (Sec. 17-299(18)). Surveyors Certification has been modified. 3973 W. Vickery Boulevard, Suite 103 P: (817)732-9839 Fort Worth, Texas 76107 F: (817)732-9841 Registration #F-9435 Comment Response Letter Kennedale Senior Center November 12, 2015 6. The zoning designation of the property to be platted should be shown as Senior Living PD zoning district rather than Planned Development District—95. Zoning designation has been changed to Senior Living PD. 7. The adjacent properties to the east and south are zoned R-3 Single Family Residential, not Planned Development District—95. The zoning of the adjacent properties have been corrected. 8. The lot and block numbers on the properties to be platted should be enlarged so that they can be located and read easily. Text of Lot and Block Number have been enlarged. 9. One sliver of property is labeled as Oliver S Kennedy&John D. Hudson, v. 37, p. 270. D.R.T.C.T. IS that label reflecting the ownership? Kennedy and Hudson were two of the original founders of Kennedale, and it seems unlikely the parcel would still be under their ownership. A gap was discovered between the 2 properties. Based on the title search and monuments in the field, Oliver S Kennedy& John D. Hudson appear to own this portion of land. 10. In the owner dedication, please add a comma after"its duly authorized agent". A comma has been added. 11. While structures should be shown on the plat drawing, the fence does not need to be shown. Fence has been removed from the plat drawing. Civil Plan Review Preliminary Plat 1. The plat shows an existing pond. Are the 404 permit considerations? Refer to attached wetlands report. Overall Site Plan, C1 1. A letter from the property/easement owner granting permission for the roadway crossings will be required. Refer to attached easement exhibits granting access. 2. 2 easements are called out to Texas Electric Service Co., but are not shown on the Preliminary Plat. Building are shown within the easements. Please review and explain their purpose. These easements have been abandoned. Refer to attached release of easement. 3. Please provide a water study to verify the 2" domestic waterline is adequate. MJ Thomas Engineering, LLC. Page 2 of 3 Comment Response Letter Kennedale Senior Center November 12, 2015 We are currently working the water study, and will submit letter once it is complete. 4. Please provide a sanitary sewer study to verify the increase in density has not impacted the sewer study prepared by Freese and Nichols. We are currently working on the sewer study to verify there is not an adverse impact on the existing sewer line. We will submit letter once it is complete. 5. The Fire Chief needs to verify all private roads meet the City's fire access needs. We will coordinate with the Fire Chief to verify the private roads meet the City's fire access needs. Overall Grading Plan, C2 1. Please provide adequate outfall when preparing the final engineering plans. Adequate outfall will be provided. Existing drainage is discharging into the existing creek to the west. In the proposed condition, a series of inlets will be constructed to discharge drainage into the existing creek. Refer to attached drainage study for additional information on the existing creek. Please contact us with any questions. Sincerely, !./ Brad A. Lehman, E.I.T. BAL/as 695-001_RspLtr_RRoberts_15-1112_AS Enclosure cc: File MJ Thomas Engineering, LLC. Page 3 of 3 m a - - z .9govR ° 3HO -_L2 L2 ry soy -21 O Mip, oRe um oil mom, ful RION 04 q m oil 05011 Q S-P MOM MY -,K; if T V! nag I all . KUM A M Rl NO Ma d - on so lag ly yj I j j w n-- oil 1 hen BPI mi JAW oil log Mal [ WIN 112 j v 1 1 1MI 0 RK 0 91 15 off N -W '51 oil Ell, 1 lit 1i 1 R a MIT 1 Q V LM 9 Raw k";was GA PIMA,, -H -7 2 i t Cit y of Kennedale i Preliminary Plat Application ,.a i i E I t I APPLICANT NAME: ) manuel Glockzin DATE:. October 7.2015 14.638 acres located in the C.B.Teague Survey,Abstract No.1506,TCT CURRENT LEGAL DESCRIPTION: 8383 acres located in the Robert C.Tichey Survey,Abstract No. 1358 and the C.B.Teague Survey,Abstract 1506,TCT i E 3 BEING PLAITED AS: SUB-DIVISION NAME: Kennedale Seniors,LTD;Addition,,,,,,.,, i LOTS:. 1&2 1&2 BLOCKS: I 2 : PHASES: 1 ACRES: 14.638 and 8.383 3 I i CURRENTZONING: PD-95 PROPOSED ZONING: NA I I f PROJECT.CONTAC7 INFORMATION OWNER OF RECORD: Emanuel Glockzin,Jr ADDRESS: 4500 Carter Creek,Suite 101 PHONE: (979)846-8878 (mailing) E CITY:man STATE: TX ZIP: 77802 E s E SURVEYOR: Herbert S.Beasley Land Sulveyars ADDRESS 3025)?orestAvenue PHONE: (mailing) CITY: grt Worth• STATE TX ZIP: '7 1 I ENGINEER: M1 Thomas Engineering, LLC. - Michael Thomas I ADDRESS: 3973 W,Vickery Boulevard,Suite 103 PHONE: (817)732-9839 (mailing) j CITY: Fart Worth STATE: TX ZIP: 76107 DEVELOPER: Emanuel Glockzin Jr 1 ADDRESS: 4500 Carter Creek,Suite 101 PHONE: (979)846-8878 (mailing) CITY: Bryan STATE: TX ZIP: 77802 1 3 1 rev.7.24.2015 rr i i FANDION OF THE PROJECT FOR WHICH THE PLAT 15 SOUGHT,INCLUDING PROPOSED LAND USES R LOCATIONS: I i 1 i fi I Who is the primary contact for this project? j All communication regarding this plat application will be made with the primary contact. 974.84(:.A&78 emam�el(nZedgprnperties.ncE Owner Phone Email evelaper Phone 979'S4fM78 Email Cnlnnucl(r etl}Elropertics.nct ---- i 7sidrveyor Phone 817.429_DIY4 Email icLcasrcyrQamatl,rnsr�.com Engineer Phone (817)732-9839 Email mickeyt@mJthomwng,com � i � I APPLICANT SIGNATURE: DATE: d OWNER SIGNATURE: DATE: / i f > SURVEYOR SIGNATURE: DATE; 7 ENGINEER SIGNATURE, DATE: DEVELOPER SIGNATURE:1 — '� DATE: { 1 I I 1 r i I � E } I ! rcv.7.24.2015 rr I i i I City of Kennedale Preliminary Plat Application APPI J CANT NAM E Fn bovf rrH rpol {j o-It DATE Opd n cf s 23-3126 25/749 bdsf t rpdbLf e j o if D/C/Uf bhvf TvsAf z-B ct ubduOp/2617-UDU aJfENT LEGAL DEKRFnON: 9/494 bdsft rpdbrfe jo if SpcfsaD/Ujd fz TvsAfz-BctubduOp/2469 boe if D/C/Ufbhvf Tva4z-Bctubdu2617-UD BB NG PLATT®AS SJB-DIMJONNAME LfoofebfiTfojpst-WE/Beejypo LOTS 2' 3 -2' 3 BLOCKS 2 -3 PHASES 2 ACS 25/749 boe 9/494 a1FfENTZONING: CE.: 6 PROFbJDZONING. OB PROB37 CONTACT INFORM All ON OWNBROF RE)ORD: L f oof ebrfi Tf of pst IVUE ADDRESS 5611 Dbsf s Dsf f I -Tvj Lf 212 PHONE. ): 8:*957.9989 (mailing) CITY Cs7-bo STATE UY 21 P. 88913 J.JRV/EYOR I f scf suT/Cf bt rfv-IVboe Tvsdzpst ADDRESS 4136 C2sf t uB\Af ovf PHONE 1928*53: .12: 5 (mailing) CITY CDSUX psu STATE uy ZP 87223 ENGINEER MI Thomas Engineering, LLC. - Michael Thomas ADDRESS 3973 W,Vickery Boulevard, Suite 103 PHONE (817) 732-9839 (mailing) CITY: Fort Worth STATE TX ZIP 76107 DEVELOPER Fn bovf nM n 3dl f i o-IE ADDRESS 5611 DbsJs Dsf f I -Tvi J 212 PHONE ): 8:*957.9989 (mailing) CITY Cs7-bo STATE UY ZP` 88913 rev.7.24.2015 rr DES0R Fn ON OF THE PRO,ECT FOR WHI CH THE PLAT I S SOUGHT, INCLUDING PROPOSED LAND USES AND THD R LOCAT ONS Who is the primary contact for this project? All communication regarding this plat application will be madewith the primary contact. Owner Phone 8:/957/9989 Email f n bovf A f ehgsgf ajf t/of L VDeveloper Phone 8./957/9989 Email fnbovfAfehgSpgfajft/Of L Vsurveyor Phone 928/53:/12:5 Email i tcfbtrfizA fn b r/n to/cpn VEngineer Phone (817) 732-9839 Email mickeyt @mjthomaseng.com APPLICANT9GNATURE DATE OWNEt9GNATURE DATE StJRV-YOR9GNATURE DATE ENGI NEER9GNATURE DATE DEVELOPER 9GNATURE DATE NN DA1 , F- rev.7.24.2015 rr � � � 11111 III ooh WE LLL L Q a � i••l o !4 i o� •� R ' t z Q Q v y Z w� — _ W w w � � � � � � �' 11 o � y \ o V c3 oa y MEN S S S y O MEN fl ::�s 4s z z z v v� ¢ ° � ■■■ w � z -lb C sc C6 _0 Cc - O � — +r C6 � N p O I \ N 3Dltld M010 d' District: ABC 1 Kennedale Easement No. 13427 (TESCO) Request # 2015 — 159 JLT RELEASE OF EASEMENT STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, by instrument dated February 23, 1945, appearing of record in Volume 1706, Page 238, Deed Records of Tarrant County, Texas, Mrs. Annie Moffat, a widow, did grant, sell and convey unto Texas Electric Service Company, predecessor to Oncor Electric Delivery Company LLC, a Delaware limited liability company, an easement and right of way for the construction, maintenance, and operation of an electric transmission, distribution and communication system, or part thereof, through and upon that certain tract of land situated in Tarrant County, Texas; said tract of land and said easement and right of way being more fully described in the aforesaid instrument, to which reference is here made for all purposes; and WHEREAS, it is the desire of Oncor Electric Delivery Company LLC, a Delaware limited liability company to release the property covered by the aforesaid easement and right of way. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That Oncor Electric Delivery Company LLC, a Delaware limited liability company, acting herein and by and through its attorney-in-fact or its duly authorized officer, does hereby release any and all easements and rights of way that it may have or might be entitled to by virtue of the instrument appearing of record in Volume 1706, Page 238, Deed Records of Tarrant County, Texas. EXECUTED this day of 6 e,[ rrr 66,v-- 2015. Oncor Electric Delivery Company LLC, a Delaware lim'tl liabilit company By: Roger Lindsey Attorney-In-Fact STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared ROGER LINDSEY, ATTORNEY-IN-FACT for Oncor Electric Delivery Company LLC, a Delaware limited liability company, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the said Oncor Electric Delivery Company LLC, a Delaware limited liability company, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this A day of 6609khh� 2015, SHERRI PAULETTE KINSEY Natary Public,State of Texas ^ � .y 9 My Commission Expires Notary Public in an f r the State of Texas "P' August 20, 2019 i MARY LOUISE GARCIA •••. COUNTY CLERK 100 West Weatherford Fort Worth,TX 76196-0401 r • .• PHONE (817) 884-1195 ONCOR ELECTRIC DELIVERY CO LLC SHERRY G SMITH 115 W 7TH STREET 1017 FT WORTH, TX 76102 Submitter. ONCOR ELECTRIC DELIVERY COMPANY LLC DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 9/11/2015 10:21 AM Instrument#: D215206312 R 3 PGS $20.00 By: _6711 1 D215206312 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Forest Hill-Cedar Hill 345kv D-1677 and D-1675 2015-0284 RR ACCESS EASEMENT E , Ooo c) C� STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TEXAS § That ONCOR ELECTRIC DELIVERY COMPANY LLC, a Delaware limited liability company, hereinafter referred to as Grantor, for and in consideration of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to it in hand paid by Patricia Ann Fincher, Mica Lane Fincher a/k/a Mica Useleton, Misti Luan Fincher, now known as Misti Luan Fincher Oakes and Shane Carroll Fincher hereinafter referred to as Grantee, has granted, sold and conveyed and by these presents does hereby grant, sell and convey unto said Grantee two nonexclusive 50 foot wide easement and right of way for the purpose of constructing, maintaining and operating two access drives, hereinafter referred to as Grantee's Facility, in, over, under, across and along the following described property: SEE ATTACHED EXHIBITS "A" and "B" (which is made a part hereof) Such use shall not interfere with Grantor's use of such property in the operation of its business and Grantee shall properly maintain such property during operation and construction and at the conclusion of such construction remove all debris and other materials from such property and restore such property to the same condition it was in prior to the commencement of Grantee's construction thereon or in proximity thereto. Additional general construction limitations on easement are described and listed, but not limited to, in Exhibit "C", attached hereto and by reference made a part hereof. Use of draglines or other boom-type equipment in connection with any work to be performed on Grantor's property by the Grantee, its employees, agents, representatives or contractors must comply with Chapter 752, Texas Health and Safety Code, the National Electrical Safety Code and any other clearance requirements. Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen feet of Grantor's power lines situated on the aforesaid property. Grantee must notify Grantor's Fort Worth Transmission Office, 817-496-2746, 48 hours prior to the use of any boom-type equipment on Grantor's property except in an emergency. Grantor reserves the right to refuse Grantee permission to use boom-type equipment. Grantee shall locate said Grantee's Facility within the easement so as not to interfere with any of Grantor's facilities. Grantee shall reimburse Grantor for any and all costs and expenses incurred by Grantor for any relocation or alteration of its facilities located on or near the easement that Grantor, in its sole discretion, determines are subject to interference from the said Grantee's Facility or from the exercise by Grantee of any of its rights hereunder. Retum M Oncor Electric CJellvery Company Right of Way Services Attn: Laura DeLaPax 115 W.7th Street, Suite 505 Fort Worth,TX 76102 This easement is granted upon the conditions that Grantee's Facility to be constructed shall be maintained and operated by Grantee at no expense to Grantor and Grantor shall not be responsible for any costs of construction, reconstruction, operation, maintenance or removal of the Grantee's Facility. Grantor shall not be liable to Grantee for any damage to said easement or Grantee's Facility or other contents thereof. Grantee understands that its Facility will be constructed and operated near electric utility lines of Grantor and, accordingly, it is the intent of Grantee and Grantee expressly agrees to indemnify and hold harmless Grantor from and against any and all claims, damages, costs, expenses, losses, demands, judgments and causes of action, including all reasonable litigation expenses and attorneys' fees, by whomever brought, arising out of or incident to the construction, maintenance, operation, repair or replacement of Grantee's Facility or Grantee's performance or failure of performance under the Easement, regardless of any cause or fault or negligence (including sole, joint, concurrent or gross) of Grantor, and Grantee further expressly agrees to indemnify and hold harmless Grantor for any claim resulting from Grantors own negligence or fault, Grantee shall, at its own cost and expense, comply with all applicable laws, including but not limited to existing zoning ordinances, governmental rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental authorities for the correction, prevention and abatement of nuisances in or upon or connected with said premises because of Grantee's use thereof. This easement, subject to all liens of record, shall continue only so long as Grantee shall use this right of way for the purpose herein described and the same shall immediately lapse and terminate upon cessation of such use. Upon termination of this easement or right of way for any reason, Grantee shall remove its Facility and restore the property hereinabove described to the same condition that such property was in at the beginning of the term of this agreement, ordinary wear and tear for the purpose herein authorized excepted. Grantee shall not assign this easement without the prior written consent of Grantor. TO HAVE AND TO HOLD the above described easement and rights unto the Grantee, its successors and assigns, for the purposes aforesaid and upon the conditions herein stated until the same shall be abandoned for use by the Grantee for the purpose herein stated, then and thereupon this conveyance shall be null and void and the use of said land and premises shall absolutely revert to Grantor herein, its successors and assigns, and no act or omission on the part of them shall be construed as a waiver of the enforcement of such condition. AND Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the above described easement and rights unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor but not otherwise. fL EXECUTED as of this day of --3-u r)E 2015. GRANTOR: Oncor Electric Delivery Company lic By::-- t✓ Dennis L. Patton Attorney-in-Fact GRANTEE: Patricia Ann Fincher Mica Lame Fincher alkla Mica Useleton Misti Luan Fincher now known as Mist! LuFin Fincher Oakes Shane Carroll Fincher Print Name: / Signature: Print Name r - L G�N� Se f �/ f� jG/Cal Signature: Print Name: 7�•�/�f� Jam ! Signature: Print Name: 4hana r;;rrni 7 Pi ncher acting by and throng L� cay agent in fact /��l¢¢t� �f�rX /I/ O Mic incher [J elton 1kz'1 Signatu7 STATE OF § COUNTY OF r)A-- § BEFORE ME, the undersigned authority, on this day personally appeared Patricia Aran Pincher, Mica Lane Fincher alkla Mica Useleton, Misti Luan Fincher now known as Misti Luan Fincher Oakes and Shane Carroll FincheWs the land owners, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed, in the capacity therein stated and they are authorized to do so. ,, . GIVEN UNDER MY HAND AND SEAL OF OFFICE this - ��-1 day of �t}t1ti A.D_20'15. Notary Public in 'nd for the State of Texas NIKKf JACKSOtd ! . Notary Public,State of Texas My CO-mission Exp-res J Febrwry 16, 2016 STATE OF TEXAS § COUNTY OFTARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Dennis L. Patton, Attorney-in-Fact of ONCOR ELECTRIC DELIVERY COMPANY LLC, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of Oncor Electric Delivery Company LLC, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 5 day of A.D.2015. `,411111 frlrl tARA S. DALE Notary Putgic.state of Texas .G .� My CommISSion Expires --Notary Public in and for the State of Texas '•;;;,;;r March 11, 2019 Exhibit A Being 0.309 acres of land located in the C.B. Teague Survey, Abstract No_ 1506, Tarrant County,Texas, being a portion of the tract of land described in the deed to Texas Electric Service Company, recorded in Volume 3953, Page 36, Deed Records, Tarrant County,Texas. Said 0.309 acres of land being more particularly described as follows: BEGINNING at a point in the North line of said Texas Electric Service Company tract, lying S89 054'30"W 297.90 feet from a 112"iron rod stamped `Beasley RPLS 4050"set at the Northeast corner of said Texas Electric Service Company tract; THENCE S00032'40"W, a distance of 118.07 feet to a point at the beginning of a curve to the right, having a radius of 225.00 feet, a central angle of 15°41'28"and a chord bearing S08°23'24"W 61.43 feet; THENCE Southerly, along said curve to the right, a distance of 61.62 feet to a point; THENCE S16'1 4'08'W, a distance of 47.33 feet to a point at the beginning of a curve to the left, having a radius of 175.00 feet, a central angle of 14'07'15'and a chord bearing S09°10'30"W 43.02 feet; THENCE Southerly, along said curve to the left, a distance of 43,13 feet to a point in the South line of said Texas Electric Service Company tract, from which a 112"iron rod found at the Southeast corner of said Texas Electric Service Company tract bears S88°17'54"E 260.34 feet; THENCE N88°17'54"VV,along said South line, a distance of 50.00 feet to a point at the beginning of a non tangent curve to the right, having a radius of 225.00 feet, a central angle of 14°12'46"and a chord bearing N09°07'45"E, 55.67 feet; THENCE Northerly, along said curve to the right, a distance of 55.81 feet to a point; THENCE N16°14'08"E, a distance of 47.33 feet to a point at the beginning of a curve to the left, having a radius of 175.00 feet, a central angle of 15°41'28"and a chord bearing N08°23'24"E 47.78 feet; THENCE Northerly, along said curve to the left, a distance of 47.93 feet to a point; THENCE N00°32'40"E, a distance of 117.52 feet to a point in said North line; THENCE N89°54'30"E, along said North line, a distance of 50.00 feet to the point of beginning, containing 0.309 acres of land. The bearings recited hereon are oriented to NAD 83, Texas North Central Zone. Kenneth R. Rogers IT �o+ Registered Professional .. ". and Surveyor No. 6066 R.reoe.�s Y.......6066..y I ;.. See 8 Y" x 11"exhibit attached suR,4 m t0 C 6 0 U3 O aj Q � 1 o~ K � gi .v H. r°6 ° CCeC w I. $ SSA. M En p7 m W ® " Ix C s 0 M1 r)C3 [vD Old } rnO MOM i In M �. n t lmn :-u0i I �; a 0 Cu CO 4l o C x o _p C C N C oD J dCD L 0 4 C4 J �o�'vmcb'b• f Q 91i,haV N v �cvvn IZ W Z M m'MOvl �p,309 acres QD Z En w 0 cc 00 m 7 tUF �.Q•q O Ft!HOC '� N �V�mnm auto � yry W'°� J JJJJJ1 _ iG�� 70 Z � D c yy [s v i�F �eiap 3 0 O pis a� Y$` E4� �MNrm LL c e a4� f� m m C C m n V L` m 0 \ Y 19 6t O= w 7 In �f ° ° L C m Z Z 0 V7 V M C.M1 i7 = P N O N Co ff� rcs U O G O O m !1 V7 Z Z L r _ W v ty M M J (5 n nn m n un N YI ri¢ Id- t0 d• Ln r ry m = o 9 0 O 0 m y1 vl u7 lCl 'i 'xo.3on = ° s r- r, P �V•F cv in _ ¢ YpM fti n V�pp y ° a '1' 1'TQ'04C 'd'LC 'A 802 'ON A A .10 g v cy cy c3 NOSORH "q NHOf' nUV31 �•� E ti A NN N '00L ON 'A A11f40 a g y g !l 96 '21 VA °a LI u o �bv u� PYb x o w y _ a` N❑ _ 130 Exhibit A Being 0.172 acres of land located in the C.B. Teague Survey,Abstract No. 1506,Tarrant County, Texas, being a portion of the tract of land described in the deed to Texas Electric Service Company, recorded in Volume 3872, Page 354, Deed Records, Tarrant County,Texas. Said 0.172 acres of land being more particularly described as follows: BEGINNING at a point in the North line of said Texas Electric Service Company tract, lying S88°19'20"E 160.32 feet from a 518"iron rod found at the Northwest corner of said Texas Electric Service Company tract; THENCE S88°19'20"E, along said North line, a distance of 50.02 feet to a point; THENCE South, a distance of 39.00 feet to a point at the beginning of a curve to the left having a radius of 175.00 feet, a central angle of 05°07'13"and a chord bearing S02°33'76"E 15.63 feet; THENCE Southerly, along said curve to the left, a distance of 15.64 feet to a point; THENCE S05 007'13"E, a distance of 35.73 feet to a point at the beginning of a curve to the right, having a radius of 225.00 feet, a central angle of 05°39'53"and a chord bearing S02°17'17"E 22.24 feet; THENCE Southerly, along said curve to the right, a distance of 22.25 feet to a point; THENCE S00°32'40"W, a distance of 37.62 feet to a point in the South line of said Texas Electric Service Company tract; THENCE N88°17'54"W, along said South line, a distance of 50.01 feet to a point from which a 112" iron rod found at the Southwest corner of said Texas Electric Service Company tract bears N88°17'54"W 169.05 feet; THENCE N00 032'40"E, a distance of 36.61 feet to a point at the beginning of a curve to the left, having a radius of 175.00 feet, a central angle of 05 039'53"and a chord bearing NO2 017'17"W 17.30 feet; THENCE Northerly, along said curve to the left, a distance of 17.30 feet to a point; THENCE N05 007'13"W, a distance of 35.73 feet to a point at the beginning of a curve to the right, having a radius of 225.00 feet, a central angle of 05°07'13"and a chord bearing NO2°33'37"W 20.10 feet; THENCE Northerly, along said curve to the left, a distance of 20.11 feet to a point; THENCE North, a distance of 40.47 feet to the point of beginning, containing 0.172 acres of land. The bearings recited hereon are oriented to NAD 83, Texas North Central Zone. {EJT, rF Kenneth R. Rogers `` +� Registered Professional EMNETH R'ROGEliS Land Surveyor No. 6066 " suss"�;? r''•°mac s sw°r'p? See 8 1W x 11" exhibit attached i c moA q O� U rc S (> ° c a�~g L �, k g i«r e U�Z I U x O W KF�mm9 s?M 00 yr r Nc rc° } J;dd Lr o z 4 \O =p wig rci co q 0 t d �wm c.a �u °i � 4•y 7 R v v 6 ce�N m w U1 n r� w?*`!� C �� • 5 �e fps 0 e n [� } N U ") LL)H -i < Y-J e m °. v. ZS � ¢ C 0 i$ 0 LLI M � m a y '0 6 pC7 0 O G ul to . ~ Apo N0 L_ ]%a m L+ T_ i�Jm� m cu U o 0 3 p Ua d 0 W O a H F- Z O O C ZZ ov) 00 co D V d � L C N 1 _ a L N I 0 N N ° N 'm`oor W a� S �v • �Zm ~SON 0 L W W m c a s o un u w E l rM1j n �aU �4� 0 x0=zo o a) 00 1°') f rry v°�N� �0_b �0�dmr wm O 2] r_ -°C:!] U 0_;N 0G " �"E m� N N N LV o own �7K o Tp, c 0)> V c c t°-� Q o D O L N CL m rj L5 `0 > O CJ m 3 A= — O C EZ� ~ Z J J �. N r7 -ORS A�66 fl� A�a$�I�I IN30OH - u g� a '� I 1! �I�fl� NNO to N � � � r �!) O O U v O C? 0 D ` epO M U) ro r7 © 0 0 0 0 0 = (T3 P N ti Ld o 0 0 Z r Z m J `m u Z� - c� �a° ih N7 � r� `"o c sm U (O _ 0«NX N 172 ❑ c 7 d ; 0�o r7 �� w w F- n W w 0 0 n rn o ' o�j 61 c) LB v J o o � Q v a � � "v N p in Ir1 u� to n m N o >n O Lo w CJ �i F U ch m(A nO N r N'.. O Z � oo 0, o m c Y W Z 00 co � p 06 D � �6 �a a w- o a 0 v u Z 00 c6 C? C) p m y 0.- O L 0 c a U) U7 U) Lo Z Z Z Z �O ~ L _ C u W LLJ u� C oYtl1 �4V V J C 3 c p+ n n Q 07 u 0 a ° o u U U U U u F 0 um0.S w DO '�N u 2 N y co p m a w J f*) I") V IY) t0 d, Co M 0 D N m !n o J J J 'J J'J J J M 4 N J ❑ v e 7 r'0 v Z U m LLJ o 0 \ Z C3 z II W at 0 U� w m 0 v Ul Ica uj CD cc a u L �9 N V V1 m(�V ic KENNEDALE Planning and Zoning Commission www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: November 19, 2015 Agenda Item No: REGULAR ITEMS - B. I. Subject: CASE # PZ 15-13 Public hearing and consideration of Ordinance approval regarding a request by Kennedale Economic Development Corporation for a zoning change from "AG" Agricultural to "PD" Planned Development zoning district for single family residential use for that approximately 8-acre portion outside the floodplain of an approximately 15.6 acre tract, belonging to Ethel Swiney and located in the David Strickland Survey A-1376, Tarrant County, Texas. The property is mostly located west of the former Williamson Drive as shown on the plat abandonment recorded in Tarrant County Clerk's instrument number D214210746. Addresses include 1201, 1305, & 1307 Bowman Springs Rd. 1. Staff presentation 2. Applicant presentation 3. Public Hearing 4. Applicant response 5. Staff response and summary 6. Action by the Planning &Zoning Commission II. Originated by: Rachel Roberts, City Planner III. Summary: Request: Rezone from "AG" to "PD" for single-family residential use Applicant: Kennedale Economic Development Corporation, in partnership with CHC Development Location: Bowman Springs Rd near Winding Creek subdivision and Southwest Nature Preserve (see map) Surrounding land uses: single family residential; park/open space; floodplain; golf driving range Staff recommendation: approve Background and overview. This property is located near the Kennedale city limits along Bowman Springs and is part of a larger tract that include approximately seven acres of floodplain. Across Bowman Springs to the east are the Southwest Nature Preserve and Pennsylvania and Winding Creek(roads leading into the Winding Creek and Oak Hill Park subdivisions). To the north are two additional single family properties, also zoned Agricultural. To the south and west are a golf driving range and the approximately 7 acres of floodplain property mentioned above, which will eventually become part of the city's Village Creek parks system. The Kennedale Economic Development Corporation is in the process of purchasing the property; the KEDC wants only the floodplain portion, but the floodplain and non-floodplain parcels were being sold together. The KEDC has met with several developers to search for one that would be interested in buying the non-floodplain portion and that could develop the property in a way that maintains Kennedale goals and standards for development. The KEDC is proposing to work with CHC Development; because the property is to be purchased by KEDC, KEDC is the applicant, but the proposed development standards were submitted by CHC. Representatives from CHC Development have met with the Commission in previous work sessions to discuss this proposal. Comments from the Commission at that time included requests to make more effort to tie into existing and planned green space and parks and to ensure the subdivision's open spaces would be managed by a home owners' association. The ordinance the Commission is considering has added provisions to address those concerns. Staff Review. Compliance with the comprehensive land use plan. The Future Land Use Plan shows this area as Neighborhood and as Open Space, with the portions in the floodplain to be open space and the portions outside the floodplain to be used for residential purposes. The comprehensive plan states that the Neighborhood character district should be primarily residential in nature. Neighborhoods should have defined boundaries, a clear center, and be easily accessible to day-to-day goods and services...The center of a neighborhood should be a civic, public, or community use in which people can come together—such as a park, school, or neighborhood amenity center. The proposed rezoning would provide for single family residential development that connects to existing and planned/future parks and open space, which complies with the comprehensive plan. Compliance with the strategic plan. The strategic plan's recommendations do not relate to this property, the neighborhood, or the rezoning request. Compliance with City Council priorities. The Council priority"Enhance the Business Climate" relates to this rezoning request in that bringing in more residential development allows for more residents to support local businesses. Additional Factors to Consider. When considering rezoning requests, the City may also consider the appropriateness of current zoning and whether a rezoning would have an adverse impact on surrounding properties. The current zoning, AG, is not an appropriate use this close to the floodplain, as runoff from agricultural use is likely to have a negative effect on nearby Village Creek. Environmental factors aside, the City is moving toward lots sizes smaller than those called for in Agricultural zoning districts as both a water conservation measure and an effort to make neighborhoods more pedestrian-friendly, and therefore Agricultural zoning is no longer the most suitable zoning district for this property. Surrounding properties are primarily single family residential and open space,which would not be affected by the addition of another single family neighborhood. Staff Recommendation. The requested rezoning complies with the comprehensive land use plan as well as city goals and priorities, and it will not have an adverse effect on surrounding properties. Staff recommends approval. Action by the Planning &Zoning Commission. The Commission may approve, approve with conditions, deny, or deny without prejudice the request for rezoning. You may also postpone the case; if you postpone consideration, you must state when the case will be considered again. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: Approve VIII. Alternative Actions: IX. Attachments: 1. PZ 15-13 map of site JPZ 15-13 ma -- com ressed. df 2. PZ 15-13 future land use plan 1PZ 15-13 Future Land Use Plan. df 3. PZ 15-13 Ordinance with exhibits JPZ 15-13 ordinance PD with exhibits. df s uawuaano o rouno sexa ea ua o woa"faa6ewr euae e e eo w - � - - _ aouasip�esierddy aue�aelay�wo�{e�ep/✓epunoq famed x i CD U- 0 rz co CD 0 r � M Z Q I � } o � z z w a 0 rS-1 O O O N ," N MOW7 Min 4-1 CU SJNRjdS NyWMOB O (B N _0 -0 cu X � U �- C " O -r-U) U) - U) Fu bA C Q CU a 3 Z � 0 � �CU o m N I fB e--i v C N C N c _ °' :L- a Y E >, o U 2 21 � N C fB M fB T 1 Q r 0 E I I I L L ii � _E w v N w v LL W LL O fi h•- v° F-I OJ MEN MEN u u N m o } 'F'V�• � S� � � Z Z Z 1�-� � � 1, i1 lf\ Q MEN Cc 'W U v a `- 0 - cr ,...: (c Q N C6 „ �< N if ` \u V ORDINANCE N O . AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED THE ZONING ORDINANCE OF THE CITY OF KENNEDALE, TEXAS BY REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS FROM "AG" AGRICULTURAL ZONING DISTRICT TO "PD" PLANNED DEVELOPMENT 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 FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Kennedale Texas is a Home Rule municipality acting under its charter adopted by the electorate pursuant to Article XI, of the Texas Constitution and Chapter 9 of the Local Government Code; 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 City of Kennedale desires to promote the redevelopment of certain property located near the Village Creek floodplain that would be appropriate for and complementary to its location adjacent to a future park system, when such development is consistent with the comprehensive land use plan; and WHEREAS, Kennedale Economic Development Corporation, which has a proprietary interest in said property being an approximately 8-acre portion outside the floodplain of an approximately 15.6 acre tract, belonging to Ethel Swiney and located in the David Strickland Survey A-1376, Tarrant County, Texas, such property being mostly located west of the former Williamson Drive as shown on the plat abandonment recorded in Tarrant County Clerk's instrument number D214210746, wishes to encourage development of this property in keeping with the goals and vision of the City of Kennedale in order to promote economic growth of the city; and WHEREAS, CHC Development wishes to pursue redevelopment of said property in keeping with the Kennedale Economic Development Corporation's vision and goals; and WHEREAS, the City of Kennedale believes the ordinance as proposed would help achieve the vision set forth in the comprehensive land use plan; and WHEREAS, the City Council has determined that a planned development zoning district is the most appropriate zoning district to facilitate the development of the property; and 9 WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on the 19th day of November 2015 and by the City Council of the City of Kennedale on the 14th day of December 2015 with respect to the zoning changes 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 does hereby deem it advisable and in the public interest to amend the City's Zoning Ordinance as described herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1: The Comprehensive Zoning Ordinance is hereby amended so that the zoning classification and the uses in the hereinafter described area shall be changed and or restricted as shown and described below: An approximately 8-acre portion outside the floodplain of an approximately 15.6 acre tract, belonging to Ethel Swiney and located in the David Strickland Survey A-1376, Tarrant County, Texas, such property being mostly located west of the former Williamson Drive as shown on the plat abandonment recorded in Tarrant County Clerk's instrument number D214210746 ("the property"), as more particularly described on Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "PD" Planned Development District ("Swiney Estates PD") for single family residential use with modified restrictions, as more fully described on the Concept Plan, attached hereto as Exhibit "C" and incorporated herein. SECTION 2. The use of the Property shall be subject to the restrictions, terms and conditions set forth in the Concept Plan, attached hereto as Exhibit "C", and the Concept Plan is hereby approved. The use of the Property shall further conform to the standards and regulations of the "R2" Single Family Residential zoning district and to Chapter 17, Division 10 Subdivision Design Criteria of the City of Kennedale City Code, to the extent not modified in this Ordinance and the document attached as Exhibit "C", and shall be subject to all other applicable regulations contained in the Zoning Ordinance and all other applicable and pertinent ordinances of the City of Kennedale, where not otherwise controlled by the regulations set forth below. The Property shall conform to the following supplemental standards and regulations, 9 which shall supersede any other requirements to the extent of a conflict: 1) PROPERTY LOCATION AND SIZE. Swiney Estates Planned Development District is established on property located west of Bowman Springs Rd. and approximately 0.31 miles south of Interstate 20 with access off of Bowman Springs Rd. This Planned Development is comprised of five (5) tracts of land consisting of approximately 8.2 gross acres, more particularly described on Exhibit 'A' and shown on the Exhibit 'C' Development Plan , which is attached hereto for all purposes. 2) PURPOSE. To create a Planned Development for twenty-eight (28) single family residential lots. The minimum gross density and a net density are as shown on the Development Plan. An enhanced entry will be provided at the connection point to Bowman Springs Rd. 3) DEVELOPMENT PLAN. The proposed Development Plan as shown on Exhibit 'C' will be in complete accordance with the provisions of the approved Planned Development and shall be binding upon the applicant thereof, his successors and assigns, and shall limit and control all building permits. 4) COMMUNITY ARCHITECTURAL CONTROLS. An Architectural Control Committee will govern the architectural attributes within this Planned Development. Architectural attributes for this residential development will consist of the following: The front entry to a house will be well -defined and kept proportional to the house. The front entry will be designed so as not to distract from the rest of the house. Only specialty windows such as box windows or circular windows may be flush mounted to the exterior face of the house, all other windows are to be inset to create relief on the elevations. Facades will avoid large expanses of uninterrupted single exterior materials and must be broken up by changes in plane, window placement, window trim, or color changes. Shutters, if provided, will be sized and shaped to match the associated openings. Gutters, if provided, will be copper, galvanized steel, aluminum or painted if exposed to the street. All asphalt roof shingles will be laminated architectural shingles with a three dimensional appearance and warranted for at least thirty (30) years. A minimum roof pitch of 6:12 (inches of rise per inches of run) from side to side will apply to the predominant roof except a tile or slate roof may have a minimum roof pitch of 5: 12 from side to side. A variety of roof pitches may be incorporated into the roof design provided that the predominant roof has at least a 6:12 pitch. Porch roofs shall have a minimum 4: 12 pitch. In order to encourage variety on a continuous block, the exterior facades for houses will vary within every 6 houses. Once a house is constructed the same combination of brick, stone, masonry-like materials, and paint will not be used within four (4) houses on either side of that house. Exterior facades will be 100% masonry on the front, a minimum of 80% masonry on the sides, and a minimum of 50% masonry on the rear. Masonry includes brick, stone, and stucco. The exception to this is walls over the roof, such as bay or dormer windows, chimneys, or fireplaces. All garages will be decorative wood, carriage style, or decorative color metal doors. Design between garage and home shall use same or complementary colors and materials. All exposed wood accents and wooden garage doors will be stained and sealed or painted for protection and regularly maintained as enforced by the HOA. Decorative street lighting will be utilized and will conform to City of Kennedale standards. Any home with a covered front porch shall have a minimum depth of five (5) feet and shall be at least fifty (50) square feet in total size to allow this space to be usable. The landscape design along Bowman Springs Road will utilize enhanced brick or masonry screen walls, wrought iron, and architectural features at the entrance to the subdivision. All common open space, landscaping, private roads, and screen walls will have a mandatory Home Owners Association (HOA) to maintain those improvements. All lots with rear yards or side yards facing public right-of-way shall use wrought iron fencing or masonry walls that conform to the Town of Kennedale standards and will be installed by the builder. The side yards and rear yards of all residential lots that are not facing public right-of-way shall have a six-foot (6') high wood privacy fence to be installed by the builder. All wood privacy fencing will comply with the following requirements. i. Use all cedar boards Is ii. Treated on both sides with cedar tinted preservative or equal quality stain. iii. Fence planks or panels must be at least five-eighths of one inch (5/8") in thickness. Fence planks or panels must have a gap between the ground and the wood to prevent rotting and decay. iv. All vertical posts will be galvanized steel. V. All materials will be securely fastened (i.e. vertical boards to horizontal stringers, stringers to vertical posts) and be free from rot, rust, vandalism, and other sources of decay. 5) GENERAL CONDITIONS. A) Landscaping and Open Space: a. There will be a minimum of two three-inch (3')' caliper trees per residential lot located in the front yard. All tree locations and types will conform to the Town of Kennedale ordinances. There will be a minimum of ten (10) three (3) gallon shrubs located in the front yard. C All lawns and landscaping will be irrigated. cal Landscaping will be provided for by the developer at the entry off of Bowman Springs Road. Minimum number of trees to be planted are as follows- i. 2 — 3" caliper trees per residential lot X 28 lots = 56 trees (by home builder). ii. 7 — 3" caliper trees planted within open space areas (by developer). B) Right-Of-Way- a. Street right-of-way will be equal to 50' in width. C) Lot Area and Setbacks: a_ Lot areas and setbacks will be as shown on the Exhibit 'C' Development Plan. D) Minimum Floor Area per dwelling unit: a. All lots will have a minimum of 1 ,800 square feet of dwelling space. E) Perimeter Walls/Screening- The perimeter walls adjacent to Bowman Springs Road will be a minimum of six feet (6') in height and constructed of one hundred percent (100%) masonry or wrought iron. F) Sidewalk Requirements A Sidewalk will be required along all public Right-of-Way throughout the development on a minimum of one side of the road. Proposed sidewalks along residential lots are to be constructed by the home builder at the time of home construction each residential lot. All residential lots will have a sidewalk at the front of the lot. Sidewalks shall be a minimum of five (5) feet in width. Access to the public park will be provided within the development. 6) HOMEOWNERS ASSOCIATION A mandatory homeowners association will be responsible for the maintenance of the common landscape areas and exterior retaining walls within the development that are built by the Developer (any landscaping and retaining walls built by the homebuilder will be maintained by that property owner). B) The homeowners association will have rules and regulations to ensure the proper maintenance of home exteriors and common areas. C) The homeowners association will include an architectural control committee (the "ACC') to review and approve all proposed home plans prior to construction. D) Developer will maintain control of the HOA and the ACC until one hundred percent (100%) of the lots have been sold and at least seventy percent (70%) of the building permits have been issued. SECTION 3. 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 and with a view of conserving the value of the buildings and encouraging the most appropriate use of land throughout the community. SECTION 4. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. SECTION 5. The use of the properties 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 6. 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, including but not limited to all 4 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 7. 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 8. All rights or remedies of the City of Kennedale Texas are expressly saved as to any and all violations of any ordinances governing zoning 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 9. 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 10. The City Secretary of the City of Kennedale is hereby directed to publish the caption, Section 1, the penalty clause, the publication clause, and the effective date clause of this ordinance in every issue of the official newspaper of the City of Kennedale for two days or one issue of the newspaper if the official newspaper is a weekly newspaper as authorized by Section 3.10 of the City of Kennedale Charter. SECTION 11. 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 ON THIS 1 9th DAY OF DECEMBER 2015. APPROVED: Brian Johnson, Mayor ATTEST: Leslie Galloway, City Secretary EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: Wayne K. Olson, City Attorney Legal Description Being that approximately 8.2 acre portion not within the floodplain of atract of land situated in the D. Etrickland Survey,Abstract No. 1376 in the City of Kennedale,Tarrant County,Texas, said tract of land being a portion of that certain "Tract 1" and 'Tract 2" as described to Leon Swiney and wife, Ethel M. 9iviney as recorded in Volume 11497, Page 1305 Deed Reoordsof Tarrant County,Texas(DRTCT), and a portion of the remainder of that certain tract of land described to Raymond F;Ufus Siviney and wife Folly Leodia Siviney by instrument recorded in Volume 2637, Page 584, DR C7F, said tract of land also being a portion of Lots 19 through 21, Block 1 and Lots 5 through 11, Block 2, Siviney Estates Addition, an addition to the City of Kennedale as recorded in Volume 388-10, Page 93, Rat Fecordsof Tarrant County,Texas(RFTCT),the remaining portionsof said SivineyAddition which thistract encompasses having been previously vacated by instrument recorded in Instrument Number D214210746, DRTCT. ROBERT C.ETUX BETTY J.LEE LOT 1—R,BLOCK 1 S'MN EY ESTATES DAVID L.ETUX DIANA K.HUNN CABINET B,SLIDE 1113,P.R.T.C.T. COUNTY CLERKS FILING No. D208377639,D.R.T.C.T. N UUAM C.AND MARION E.SYKORA \ LOT 4—R,BLOCK 1 \ SWINEY ESTATE \ CABINET B.SLIDE 2572,P.R.T.C.T. \ WNEL ESTATE SI-10, ESTATES \ VOLUME 388-10, AGE 9 3,P.R.T.C.T. `-s ,APPROXIMAT REMAINDER t8. CRES Q G TED v \ \ \ vn \ \ \ 50'UTILITY AND TRAIL 1 COUNTY CLERK'S NFILING No. \\\ \ EASEMENT 43 0212319874,O.R.T.C.T. \ \ 00 \ S 3�6 4a 1 � w �� �� n 0 200 400 EXHI BIT 9--QN NGA FRCPCSED 7.464 ACRE TRACT OF LAND SITUATED IN THE DAVID STRICKLAND SURVEY, ABSTRACT No. 1376 a Ty OF KBVNEDALE TARRANT 03UNTY,TDCAS Shield Engineering Group,PLLC Civil Engineering&Land Surveying T111 F-11039 T891 10193890 1600 Nest 71h Street Suite 200 Fort North,Texas 7602 817.810.0696 L:\Jabs\2014034.00 Ken EDR\22 Swiney Survey\SEG Survey\Drawings\Exhibits\1403422 EX-1.dwg COPYRIGHT Q 2015 by SHIELD ENGINEERING GROUP PEG,TBPE F-11039&TBPLS 10193890 U J J a m U) Q o o w ~� U) C7 F- w0 H~ P LU Oo c�m z —i }w E LU �J W w Y Wm Zof LL Lo u� =Q U) U) U) U o cU LL od 0 o ° o J J J I� N CO f Z TTI U U N1E- ] ❑ C, Q Z a ,OL 0 0 w zQ iZ �w wg �o m Y Z U U Um az_ m z Im QFD o� U) zzOZ w o z F g w n m ❑ E �> w lo lo w a a a _ x oy 03 ao� �0 N Www gZ�2 ww <z00 yz OOZ x 900 7 p 0 a U r a m 0 7: j N p� O v0i Q U= H K ¢l J w a°w °w w 00 \1 O< �,,. \ ❑W a o °1 1 a I � I U � w I o¢ =0 O 1 \ m U �o sol ao a o � o f I° U — ✓ / w a / I I am 6 U U Q P. 3c i g m o ° ° O 0 ¢w 0 0 a Y tt O c a wm a a� E 0 0 / 00 a0 i po aLL / i