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2016_01.21 PZ Packet ic KENNEDALE Planning and Zoning Commission www.cityofkennedale.com KENNEDALE PLANNING & ZONING COMMISSION AGENDA COMMISSIONERS - REGULAR MEETING January 21, 2016 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 and presentation by LSL Planning IV. REGULAR SESSION V. CALL TO ORDER VI. ROLL CALL VII. MINUTES APPROVAL A. Consider approval of minutes from December 17, 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 15-14 Public hearing and consideration of approval on a request by Linda Miller for a minor replat of approximately 1 acre from Lot 9 of the J. M. Estes Home Tracts, Kennedale, Tarrant County, Texas. A variance from the cul-de-sac requirements of Section 17-303(a)(8) is requested. 1. Staff presentation 2. Applicant presentation 3. Public hearing 4. Applicant response 5. Staff response and summary 6. Action by the Planning &Zoning Commission B. CASE # PZ 15-17 Consider approval of a final 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. A preliminary plat was approved in November 2015. 1. Staff presentation 2. Applicant presentation 3. Staff summary and response 4. 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 January 21, 2016, 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. O�Lu�03 Rach I Roberts, Board Secretary ic KENNEDALE Planning and Zoning Commission www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: January 21, 2016 Agenda Item No: WORK SESSION- A. I. Subject: Discuss any item on the regular session agenda II. Originated by: III. Summary: 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: January 21, 2016 Agenda Item No: WORK SESSION- B. I. Subject: Discuss items for future consideration II. Originated by: III. Summary: 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: January 21, 2016 Agenda Item No: WORK SESSION- C. I. Subject: Discuss joint work session with City Council and presentation by LSL Planning II. Originated by: Rachel Roberts, City Planner III. Summary: The Commission held a joint work session with City Council on January 18th. The zoning code update was discussed at that time. In case the Commission members would like to revisit the discussion during the joint work session, this item was added to the agenda. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: None VIII. Alternative Actions: IX. Attachments: ic KENNEDALE Planning and Zoning Commission www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: January 21, 2016 Agenda Item No: MINUTES APPROVAL - A. I. Subject: Consider approval of minutes from December 17, 2015 Planning and Zoning Commission meeting II. Originated by: Katherine Rountree, Permits Clerk III. Summary: Consider approval of minutes from December 17, 2015 Planning and Zoning Commission meeting IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: Approve VIII. Alternative Actions: IX. Attachments: 1. 12.17.2015 PZ Minutes 112.17.2015 PZ Minutes Final.docx ic KENNEDALE Planning and Zoning Commission www.cityofl(ennedale.com KENNEDALE PLANNING & ZONING COMMISSION MINUTES COMMISSIONERS- REGULAR MEETING December 17, 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 6:00 PM. II. ROLL CALL Commissioner Present Absent Ernest Harvey X Tom Pirtle X Harry Browne X Stephen Brim X Jeff Whitacre X vacant Carolyn Williamson X Alternates Billy Gilley X vacant There was a quorum. Mr. Gilley was asked to serve as a regular member for the work session. Mr. Whitacre joined the meeting at 6:22 PM. Staff present: Rachel Roberts (city planner); Katherine Rountree (board secretary). III. WORK SESSION A. Discuss any item on the regular session agenda Ms. Roberts said that Mike Bennett with the city engineering firm was going to discuss the proposed cases if the commission needed the input. Mr. Bennett and Ms. Roberts said they want the commission to go over conditions with the applicants for case PZ 15-15. Ms. Roberts said the developers for case PZ 15-13 addressed changes that the commission recommended from the last meeting in November. The commission went over those items. B. Discuss items for future consideration The commission wanted to see which direction City Council wants to go on the incompatibility in zoning districts and the overlay district. They also want to take recommendations from City Council on what cases to consider for the future. The work session closed at 6:55 PM. IV. REGULAR SESSION V. CALL TO ORDER Mr. Harvey called the meeting to order at 7:00 PM. VI. ROLL CALL Commissioner Present Absent Ernest Harvey X Tom Pirtle X Harry Browne X Stephen Brim X Jeff Whitacre X vacant Carolyn Williamson X Alternates Billy Gilley X vacant There was a quorum. Mr. Gilley was asked to join the commission. Staff present: Rachel Roberts (city planner); Katherine Rountree (board secretary). VII. MINUTES APPROVAL A. Consider approval of minutes from November 19, 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 and Mr. Whitacre, who abstained from voting. VIII.VISITOR/CITIZENS FORUM No one signed up to speak. IX. REGULAR ITEMS A. PZ 15-10 -- ITEM WITHDRAWN BY THE APPLICANT 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 east 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 Ms. Roberts said that the commission postponed the case from last month with many recommendations on changes made to the developers. She said the request is in compliance with the comprehensive land use plan. She said the proposed development falls within City Council priorities, and staff recommended approval. 2. Applicant presentation Rian McGuire, 916 Bryant Ave. Fort Worth, TX, and Ryan Hill, 1600 West 7t" St. Suite 200, Fort Worth, TX, went over the changes proposed by the commission and presented the development concept. 3. Public Hearing No one signed up to speak. 4. Applicant response The applicant said they will apply all recommendations by the commission and will put them into their plans for the future development. 5. Staff response and summary Staff recommended approval with the following conditions made by the commission: • Increased masonry requirement for side and rear fagades • Require that any non-cementitious materials used for chimneys be subject to approval by Architectural Control Committee (ACC) • Require street lighting to be consistent with overall neighborhood design and distinguished from lighting on arterial streets • Require front porches to have at least 50% of porch located on the front fagade • Require final plat to note which retaining walls shall be maintained by HOA/property owners • Require ACC to require builder(s) provide at least two one-story home options • Specified areas where developer is required to install landscaping and required HOA to maintain landscaping installed by developer • Required public access to public park from development to comply with fire code 6. Action by the Planning &Zoning Commission Mr. Pirtle motioned to approve with the conditions read by the planning director. The motion was seconded by Mr. Brim and passed with Mr. Whitacre, Ms. Williamson, Mr. Brim and Mr. Pirtle in favor except Mr. Gilley who opposed and Mr. Harvey who abstained from voting. C. CASE# PZ 15-15 Consider approval of a preliminary plat for Lots 1-5 Block 1 Village Creek Business Park requested by Harrell Mitchell &Brad Hardy for 7205 Hudson Village Creek Rd, more particularly described as an approximately 24.58-acre tract in the Wade H. Hudson Survey A-716, Tarrant County, Texas, conveyed from Mike &Audrey Wagner to Harrell Mitchell as recorded in instrument number D215177714, deed records, Tarrant County. 1. Staff presentation Ms. Roberts said the plat is for five (5) lots and zoned as "C2" General Commercial. She said the commission has received a list of items to be changed on the plat drawing that were completed. She said there are some additional corrections that can be fixed in the final plat. She said this plat is in line with the comprehensive land use plan and will be used as a buffer to the residential and industrial uses on each side of the location. 2. Applicant presentation Brad Hardy, 18716 Amador Ave. Dallas, TX, 75252, said he wants to use the property in its current zoning. He said the property will have a detention pond, and the drainage will be regulated to the center of the property and off the front. He said the buildings will be about 5,000 square feet, and the property will allow about 6-8 buildings. He said the primary use for this property would be administrative offices and storage. 3. Staff summary and response Staff recommended approval with regards that items listed for drawings one (1), two (2) and three (3) on the engineer's comment letter will be completed in the final plat. 4. Action by the Planning &Zoning Commission Mr. Whitacre motioned to approve with regards that the items listed above will be completed in the final plat. The motion was seconded by Mr. Pirtle and passed with all in favor except Mr. Harvey, who abstained from voting. D. CASE# PZ 15-16 Public hearing and consideration of Ordinance approval regarding a city- initiated rezoning from"C-2"General Commercial District to "AG"Agricultural District on a 29.43 acre lot located at 3925 Kennedale New Hope Rd., legal description of Joel Snider Survey A1448 Tr 1 A. 1. Staff presentation Ms. Roberts said that the primary uses in the area are residential. She said that Oncor inspected the site in 2012, and the site failed the inspection. She said that city staff inspected the site, as well, and the violations were never corrected, and the race track was never reopened. She said that City Council directed city staff to rezone the property and that the rezoning is in compliance with the comprehensive land use plan. 2. Public hearing Nina Pyles, 3901 &3903 Kennedale New Hope Road Kennedale, TX 76060, said that she is in favor of the rezoning of the property. She wanted to know if there were any tax advantages or disadvantages if a property was zoned as Agricultural. 3. Staff response and summary Staff recommended approval. 4. Action by the Planning &Zoning Commission Mr. Pirtle motioned to approve. The motion was seconded by Ms. Williamson and passed with all in favor except Mr. Harvey, who abstained from voting. X. REPORTS/ANNOUNCEMENTS City hall will be closed Christmas Eve, Christmas, and January 1St The Bird Identification Workshop will be held on January 16, 2016. XI. ADJOURNMENT Mr. Brim motioned to adjourn. The motion was seconded by Mr. Whitacre and passed with all in favor except Mr. Harvey, who abstained from voting. The meeting adjourned at 8:48 PM. ic KENNEDALE Planning and Zoning Commission www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: January 21, 2016 Agenda Item No: REGULAR ITEMS - A. I. Subject: CASE # PZ 15-14 Public hearing and consideration of approval on a request by Linda Miller for a minor replat of approximately 1 acre from Lot 9 of the J. M. Estes Home Tracts, Kennedale, Tarrant County, Texas. A variance from the cul-de-sac requirements of Section 17-303(a)(8) is requested. 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: minor replat with a variance from the cul-de-sac requirements in the subdivision regulations Location: dead-end of Kevin Miller Rd Zoning: Agricultural Requested by: Linda Miller Staff recommendation: approve Background. This property was originally platted in 1946 as part of a larger lot within the J M Estes Home Tracts Addn. Most of the original lot has been subdivided and replatted over the years, but a portion of the original lot remains and is owned by the applicant, Ms. Miller. Ms. Miller would like to build a new house, but since she already has one house on the property, a new lot is required before the new house can be permitted (city code prevents having two homes on one lot in this zoning district). Application requirements. Applications for a minor plat typically only require a plat drawing. Additional plans are required, as needed, such as a drainage plan, grading plan, or engineering/construction drawings. Staff Review and Recommendation. City staff and engineers reviewed the minor plat for compliance with the comprehensive plan and with city standards and regulations. Compliance with the comprehensive land use 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. Staff considers the plat to be in compliance with the comprehensive land use plan. Compliance with city regulations. In addition to being in compliance with the comprehensive land use plan, plats must also comply with all applicable city regulations. These regulations include the subdivision design regulations, the Public Works design manual criteria for public improvements, and the regulations governing Agricultural zoning districts under Section 17-405 of Kennedale city code. City staff and the consulting engineers have reviewed the proposed plat for compliance with these regulations. In addition to minor corrections that are needed to the plat drawing, there are two requirements that need to be addressed. (1) Kevin Miller Rd is a dead-end street that was built prior to the city's annexing the area and prior to the city adopting regulations prohibiting dead-end streets, require a cul-de-sac for streets that would otherwise dead-end. The property to be platted is part of a larger property located at the end of the street. In this case, dedicating a cul-de-sac would normally be required. But because this street has been in place since before the property was annexed, and because the street is low in density and does not have much traffic, staff would approve dedicating a hammerhead for the fire department vehicles to use instead. However, staff is not authorized to approve variances to plat requirements. In addition, the street would be longer than 600 feet, which would not be permitted (either with a cul-de-sac or a hammerhead) without a variance. The property for the hammerhead would need to be dedicated as part of this plat or through a separate instrument to be filed with the plat. (2) City utilities (water and sewer) are not available at this property but are located nearby to the north along Kevin Miller Rd. In this case, as part of the plat application, the applicant would normally be required to submit engineering plans showing how the property would be connected to the city water and sewer lines to the north. Kevin Miller is a dead-end water line, however, and the City would prefer to connect that line to a dead-end line in the Vineyard development to the south. The applicant is dedicating a water line easement across this property and the property to the south, which she also owns, which will allow for the connection. This easement is shown on the plat but is not shown at the correct location. The correct location must be shown on the plat, and a separate instrument must be provided for the easement off-site from the property to be platted. We have given comments to the developer's surveyor, and revisions are underway. City staff have not yet received a revised plat drawing, so we will have a final recommendation for you at the Commission meeting. If all requested changes are made, staff will recommend approval. Action by the Planning &Zoning Commission. After the Planning and Zoning Commission has reviewed the plat, the Commission may either: (1) Approve the plat as presented; (2) Approve the plat with conditions; or (3) Disapprove the plat. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: Approve VIII. Alternative Actions: IX. Attachments: 1. PZ 15-14 ma of site PZ 15-14 ma of site reduced size . df P. 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P-E rn 11 cP z -z w3°' 4 ° _ �w� � ry o of w r �wmw m ~wa w o8 +ozswz A. amz � F o -�P �a� zRa `F °?v°in�rc°o�< xws°a °zo waaww O p X T C C j z ~ZmOaa°oz xOF zioi r _°p;Q�=J W OZ°2 apw m°armr a w �Ojrca S U� i3'��O x. �26 dOrc°wOZ �N roW��a Q� z m ° i°Na ua5miw swn z'wawrw z o�rz�ozzr �m°rsm�:aaa °z�poaa a r m �ar=INwwN�� � wr r ° ° a vL �a= �x��z a N rcovi�rc� z z°3wrc�owp 3��u>wa� aka°N. oww Gc°=i mz°axzm,-awl c�'�o z xrro°..aa mom° _)c KENNEDALE Planning and Zoning Commission www.cityofkennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: January 21, 2016 Agenda Item No: REGULAR ITEMS - B. I. Subject: CASE # PZ 15-17 Consider approval of a final 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. A preliminary plat was approved in November 2015. 1. Staff presentation 2. Applicant presentation 3. Staff summary and response 4. Action by the Planning & Zoning Commission II. Originated by: III. Summary: Request: Final Plat, Kennedale Seniors, Ltd Addn Location: Kennedale New Hope Rd, immediately south of(adjacent to) Sonora Park Applicant: Emanuel Glockzin Timeline: 12/11/2015 Plat application submitted without all applicable fees 12/14/2015 Fees paid 12/22/2015 Plat application deemed incomplete (some plans or information missing); comments sent to applicant based on preliminary City review begun of plans that were submitted with the plat application 1/8/2016 Revised/completed plans submitted to the City for review Background. The Commission approved a preliminary plat for Kennedale Seniors, Ltd Addition in November last year. The property is zoned as a planned development district. Application requirements. Applications for a final plat shall include a plat drawing, a drainage study, and engineering/construction drawings. In addition, final plats require a city-developer agreement, which will be brought forward for approval by City Council at a later date. 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. Compliance with the comprehensive land use 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. Compliance with city regulations. In addition to being in compliance with the comprehensive land use plan, plats must also comply with all applicable city regulations. These regulations include the subdivision design regulations, the Public Works design manual criteria for public improvements, and the zoning ordinance governing the planned development district. In addition, the final plat must substantially conform to the preliminary plat. City staff and the consulting engineers have reviewed the proposed plat and construction plans for compliance to these regulations. We have given comments to the developer's engineers, and they have revised the plans and resubmitted, along with plans that had been missing from the original application and therefore not reviewed with the original submittal. Public Works staff and our engineers are now reviewing the revised plans to ensure compliance with city requirements. Based on initial reviews, thought, the plans do not appear to meet our requirements, and it is likely that staff will recommend denial of the final plat. However, we will have a final recommendation for you at the Commission meeting. Action by the Planning & Zoning Commission. After the Planning and Zoning Commission has reviewed the plat, the Commission may either: (1) Approve the plat as presented; (2) Approve the plat with conditions; or (3) Disapprove the plat. 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 KENNEDALE Planning Department www.cityofkennedale.com January 5, 2016 Emanuel Glockzin P. O. Box 3189 Bryan,TX 77800 Staff review of final plat for Kennedale Seniors LTD. Addition Dear Mr. Glockzin, City staff have reviewed the final 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 lot and block numbers on the properties to be platted should be enlarged so that they can be located and read easily. 2) The name of the subdivision within the title block should be enlarged to be more easily readable. 3) The date in the approval signatures should be changed to 2016. 4) Please provide an instrument number for the document referenced in the first paragraph of the metes and bounds description. 5) Is Kennedale Seniors now the owner of the property?Tarrant County deed records online do not show a transfer of the property from Emanuel Glockzin to Kennedale Seniors. Please provide a copy(certified copy not required) of the deed conveying the property from Emanuel Glockzin to Kennedale Seniors LTD. These changes are in addition to any changes required by our public works or fire departments, which were sent in a separate letter dated 12/22/2016. Please note that your application is still considered incomplete, but we have moved ahead with reviewing the plat to ensure processing in a timely manner once the application is deemed complete. Once the application is complete, we may have additional or amended comments based on what is submitted to complete the application. Sincerely, Rachel Roberts Community Development Director Cc: M J Thomas Engineering 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2135 1 Fax: 817-483-0812 December 22, 2015 Ms. Rachel Roberts City of Kennedale 405 Municipal Drive Kennedale,Texas 76060 RE: Senior Living Center-Civil Plan 1" Review Dear Ms. Roberts: We have completed our review of the Senior Living Center engineering plans and final plat submitted on 12/11/15. Please note that the plans appear to be incomplete. The plans do not include storm drain alignments and sizing, whereas the grading plans indicate drainage inlets are needed and the storm drain details indicate that drainage facilities are to be included with the project. Additionally, the plans do not explain how storm water runoff is picked up from the residential properties on the east boundary of the development and conveyed through the site to the drainage channel on the west boundary of the development. Due to the questions raised regarding the storm drain design, we are unable to verify a proposed storm drain system would be out of conflict with the proposed water and sewer facilities and that the storm drain outfalls would avoid negatively impacting the drainage channel. Please note that the absence of the storm drain information with the V submittal could result in the need for additional reviews. The following is a list of our comments and observations from the plan review: Cover Sheet 1. Add Final Pla:to the sheet index and plans. 2. Add Owner information. 3. Add Month,Year to cover. 4. Add lighting Plan/details to plan set. Final Plat 1. Add minimum Finished Floors to the two lots being developed. 2. Adjust the line work so the lot lines do not conflict with the metes/bounds text. 3. Provide recording information of access easements across Oncor electric easement. 4. Please provide different line styles for different flood zones(Zone AE vs. Floodway) S. Move the New Hope Road text out so it is easier to read. 6. Add the document number to the metes and bounds. 7. Add the words "dedicated by separate instrument" to the Access, Drainage and Utility easement. General Notes, 01.01 1. General notes are too hard to read. Please provide spaces between the lines. 2. General notes state standard waterline depth is 42" which conflicts with notes elsewhere in the plans. Please clarify. Shield Engineering Group, PLLC 1600 IN, 71r' Sr. _ North, >lt)2 • office (817) 810-0696 . fax (844) 273-21803 Email: info@seglollc•com • www.shleidengineeringgroup.com Demolition Plan, C1.04 1. Coordinate the Demolition plan with the free Survey/Tree Preservation plan. Trees being removed and saved need to match on both plans. Dimension Control Plan, 01.05 1. Please provide dimension of north access drive. 2. Please review the dimension control plan to ensure all proposed elements are tied down. It appears that some side walk and paving may need additional dimensions. Overall Paving Plan, 01.06 1. Continue paving hatch t h r u dumpster areas in order to identify paving section. 2. The center island needs to be pulled out of the right-of-way. Paving Quad 1,01.07 1. Continue paving hatch t h r u dumpster areas in order to identify paving section. Paving Quad 2,C1.08 1. Continue paving hatch thru dumpster areas in order to identify paving section. Paving Quad 1,C1.09 1. Identify non-,abeled dashed line. Paving Quad 1,C1.10 1. identify non-abeled dashed lines. 2. Pull island out of right-of-way. 3. it appears that there may be a paving conflict with a power pole. Please clarify.. Grading Quad 1, 01.12 1. It appears that low points have been created in the grading plan, but the plans do not include inlets. Please clarify the plans. 2. Identify limits of grading. 3. Show proposed contours tying into existing contours. 4. Add directional flow arrows. S. Provide grading spot shot elevations to ensure proper grading. 6. How does storm water runoff exit the proposed development? Grading Quad 2, C1.13 I. It appears that low points have been created in the grading plan, but the plans do not include inlets. Please clarify the plans. 2. Identify limits of grading. 3. Show proposed contours tying into existing contours. 4. Add directional flow arrows. 5. Provide grading spot shot elevations to ensure proper grading. 6. Please review the grading along the east boundary line. It appears that existing trees may be saved if the grading can be revised. Shield Engineering Group, PLL.sC 1644 V; 7, Fort worth, TX 76142 - office (817} X110-0696 e fax (844) 273-21801 Email: info(asegi-)Plc.com • www.shieldengineeringgroup.cor Grading Quad 3, 01.14 1. It appears that low points have been created in the grading plan, but the plans do not include inlets. Please clarity the plans. 2. Identify limits of grading. 3. Show proposed contours tying into existing contours. 4. Add directional flow arrows. 5. Provide grading spot shot elevations to ensure proper grading. Grading Quad 4,01.15 1. It appears that low points have been created in the grading plan, but the plans do not include inlets. Please clarify the plans. 2. Identify limits of grading. 3. Show proposed contours tying into existing contours. 4. Add directional flow arrows. 5. Provide grading spot shot elevations to ensure proper grading. Grading Quad 5,01.16 1. Identify limits of grading. 2. Show proposed contours tying into existing contours. 3. Add directional flow arrows. 4. Provide grading spot shot elevations to ensure proper grading. Grading Quad 6,01.17 1. identify limits of grading. 2. Show proposed contours tying into existing contours. 3. Add directional flow arrows. 4. Provide grading spot shot elevations to ensure proper grading. Grading Quad 7, C1.18 1. Identify limits of grading. 2. Show proposed contours tying into existing contours. 3. Add directional flow arrows.. 4. Provide grading spot shot elevations to ensure proper grading. Utility Plan, C1.19 1. Identify/ Label lines. Water Plan North, C1.20 I. Please provide each building with its own meter and service. 2. Add legend. 3. Provide at least 2 benchmarks. 4. Add pigging plan (locations of pig insert and cleaning wye's.) 5. Call out paving repair at New Hope Road. Water Plan South, C1.21 I. Please provide each building with its own meter and service. 2. Add legend. 3. Provide at least 2 benchmarks. 4. Add pigging plan (locations of pig insert and cleaning Wye's.) S. Call out paving repair at New Hope Road. DIN Shield Engineering Group, PLLC 7!h St., Suite 20 ort worth, u102 • c '- -;6 • fax (844) 2-/3 180 Email: infoCsegpllc.com • www.shielriengineeringgroup.com 6. Label lines. Sanitary Sewer Plan-North, C1.24 1. Add legend. Sanitary Sewer Plan-South, 01.25 1. Add legend. 2, Complete sewer service call outs. 3. Label lines. Existing Drainage Area Map, C1.28 1. Add existing contours. 2. It appears so ne flow arrows maybe pointed in wrong direction. 3. Add flow arrow to legend. Proposed Drainage Area Map,01.29 1. Show proposed contours. 2. Add more flow arrows to clarify proposed drainage patterns. 3. No underground storm drain is shown. How does runoff exit the property? Sediment Control Plan,01.31 1. The plan calls for inlet protection, but the plans do not show inlets or a storm drain system. Please clarify. Paving Details, C2.02 1. Details appear to conflict. Please clarify. Paving Details,02.03 I. It appears there are redundant details shown previously in the plans. Please verify and remove redundant details. 2. It appears that some of the information on the paving profile contradicts the paving detail shown on sheet C2.02. Please review and clarify. Embedment Details, C2.06 1. Are the pavement repair details needed? The standard City details have been added on C2.07 and C2.08. If additional information is shown on C2.06 details, then verify details do not conflict. Water Details, 02,09 1. Revise water service detail to show 1"service with%"angle stops. Sanitary Sewer Details, 02.11 1. All new manholes need 30" lids. 2. All new manholes require exterior mastic coating. Storm Drain Details,C2.12 1. All new manholes need 30" lids. General Comments: 1. The Traffic Control Plan may be provided by the contractor; however, the plan must be approved prior to construction. Please allow for 10-15 days of review time for the Traffic Control plan. Shield Engineering Group, RLLC 76102 • office (8' ') 810-0696 • fax f844) 273-2180 -mail: infogsegpllc.com • www.shieldengineeringgroup.cor� 2. Per comments provided during the preliminary plat review, water and sewer studies must be submitted. 3. Identify locations of fire lane and call out fire lane marking. 4. The tree survey which was previously submitted will need to match the demolition plan that was submitted wth this plan set prior to plan approval. 5. The landscape plan previously submitted will need to be approved prior to plan approval. 6. If a detail shown in the plans is not required for the development, please remove the detail from the plan set. 7. Per the Senior Living Facility PC ordinance, ornamental lighting is to be a part of the project. Please provide a plan and details. Please feel free to contact me with any questions or comments at 817.810.0696 Sincerel s MikeJ8enne t, P.E, Shield Engineering Group, PLLC Shield Engineering Group, PLLC St., Suite 200, Fort Worth, TX 76102 • office (817; fax (844) 273-2180 Email: info@Dsegpllc.com ■ www.shieldengineeringgroup.com