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2016_09.15 PZ Packet )c KENNEDALE Planning and Zoning Commission www.c i tyof kenn eda I e.com KENNEDALE PLANNING & ZONING COMMISSION AGENDA COMMISSIONERS - REGULAR MEETING September 15, 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 IV. REGULAR SESSION V. CALL TO ORDER VI. ROLL CALL VII. MINUTES APPROVAL A. Consider approval of minutes from the August 18, 2016 Planning &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 16-03 Public hearing to receive public comments and consider approval of a request by Hickman Consulting Engineers for MKP Associates, Inc. for a replat of approximately 5.005 acres at 1209 Swiney Hiett Rd, being a replat of C C Swiney's Subdivision Lot 1, Kennedale, Tarrant County, to create Falcon Crest Estates Block 1 Lots 1-7. 1. Staff presentation 2. Applicant presentation 3. Public Hearing 4. Applicant response 5. Staff response and summary 6. Action by the Planning and Zoning Commission B. CASE # PZ 16-11 Public Hearing to receive public comments and consider approval of a request by Ashton Holdings for a replat of approximately 0.988 acres at 408 3rd St, being a replat of Soto Addition Block 1 Lot 1 R, Kennedale, Tarrant County, to create Soto Addition Lot 1 R-1 and 1 R-2. 1. Staff presentation 2. Applicant presentation 3. Public Hearing 4. Applicant response 5. Staff response and summary 6. Action by the Planning and Zoning Commission C. CASE# PZ 16-12 Public hearing and consider approval of Ordinance No. 609 regarding a request by Joe Boston, Jr for SOS Renovations, LLC for a zoning change from "AG"Agricultural to "R-3" Single-family residential for approximately 1.5 acres in the W E Haltom Survey A-731 and described in a deed recorded as D213282537 in the Tarrant County deed records and located at 1115 Border Ln. 1. Staff presentation 2. Applicant presentation 3. Public Hearing 4. Applicant response 5. Staff response and summary 6. Action by the Planning and 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 September 15,2016, 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. Rach I Roberts, Board Secretary )c KENNEDALE Planning and Zoning Commission www.cityofkennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: September 15, 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: )c KENNEDALE Planning and Zoning Commission www.cityofkennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: September 15, 2016 Agenda Item No: MINUTES APPROVAL- A. I. Subject: Consider approval of minutes from the August 18, 2016 Planning &Zoning Commission meeting II. Originated by: Rachel Roberts, City Planner III. Summary: Minutes from the August meeting are attached to this page for your review. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: Approve VIII. Alternative Actions: IX. Attachments: 1. 08.18.2016 PZ Minutes 108.18.16 PZ minutes. df )c KENNEDALE Planning and Zoning Commission www.cityofkennedale.com KENNEDALE PLANNING & ZONING COMMISSION MINUTES COMMISSIONERS - REGULAR MEETING August 18, 2016 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION - 6:00 PM REGULAR SESSION - 7:00 PM I. CALL TO ORDER Chairman Harvey called the meeting to order at 7:05 P.M. 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 [A quorum was not present until 7:00 P.M.] Staff present: Rachel Roberts (planning director). Also present: Mike Bennett, city engineer(Shield Engineering) and Dave Jirousek, LSL Planning. III. WORK SESSION IV. REGULAR SESSION V. CALL TO ORDER Chairman Harvey called the meeting to order at 7:00 P.M. 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 VII. MINUTES APPROVAL A. Consider approval of minutes from June 16, 2016 Planning and Zoning Commission meeting Mr. Pirtle made a motion to approve the minutes as written, seconded by Ms. Williamson. The motion passed with all in favor except Mr. Harvey, who abstained. VIII. VISITOR/CITIZENS FORUM No one registered to speak. IX. REGULAR ITEMS A. CASE# PZ 16-09 To consider approval regarding a request by CHC Development for a final plat of the Glen of Village Creek (formerly Swiney Estates, plat abandoned by instrument numbers D214210746 and D216057891, PRTC) for approximately 15.982 acres located on Bowman Springs Rd, generally located south of Swiney Estates Block 1 Lot 4R, west of Bowman Springs Rd, north of Winding Creek Rd, and east of 1141 Bowman Springs Rd. The plat will create 35 residential lots and 3 open space parcels. Property addresses include 1201, 1305, & 1307 Bowman Springs Rd. Ms. Roberts said the plat and plans conform to city regulations and recommended approval. Mr. Harvey had a question about visibility corridor along Bowman Springs. Mike Bennett, engineer for the city, said there was an open space there that would help; he added that he didn't see that anything would need to be done by the developer. He said they could look at the visibility issue, and maybe if it came to it, put up a warning sign. He said the question is, does someone see the intersection in time at the posted speed limit? Mr. Harvey asked about the intersection width. Mr. Bennett said that usually the turn radius is set by traffic you're going to get turning in, and there is a 30-foot radius planned, which a larger radius. Mr. Harvey asked about the roadway going through the floodplain. Mr. Bennett said that is looked at in drainage calculations, and there will be a letter of map revision submitted to FEMA, but that is after construction is completed. He said the developer will build up the dirt and compact it before they get to the road and that the roadway design is not something really unique. Mr. Pirtle asked if there would be a retaining wall, and. Bennett said there is a retaining wall to protect the road, so there would be no slope to worry about in the road. Mr. Pirtle made a motion to recommend approval but asked Ms. Roberts if the Commission could add conditions. Ms. Roberts said the Commission could but Council cannot. Mr. Harvey said they can add conditions but can't say that something has to be added to the development or the development agreement between the city and the developer. Mr. Pirtle clarified that he recommended approval on the condition that the City gets a response from the streets department on whether additional signage is needed. The motion was seconded by Mr. Browne, and the Commission voted to recommend approval, with all in favor except Mr. Harvey, who abstained. B. CASE# PZ 16-01 Public hearing and consideration of Ordinance approval regarding a request by Adam Blow for a zoning change from "C-1"General Commercial to `R-1"Single Family Residential located on 0.5 acre at 600 Little School Rd. legal description of J M Lilly Survey, A 980 Tr 6A. Ms. Roberts said the Commission had considered this case in March. The applicant had not submitted information in his application supporting the city's approving a rezoning that does not conform to the comprehensive land use plan, and he did not attend the hearing to provide any additional information, so the Commission had postponed the case until August to allow the applicant time to provide something. She said since then, the applicant had not been in touch with staff, and after talking with the property owner, it appeared as though the applicant was no longer interested in buying the property. The applicant was not present, and no one registered to speak at the public hearing. Mr. Pirtle made a motion to deny Case PZ 16-01, seconded by Mr. Browne. There was no discussion, and the motion passed with all in favor except Mr. Harvey, who abstained. C. CASE# PZ 16-10 To receive public comments and consider Ordinance No. 605, adopting a Unified Development Code to regulate land use within the City of Kennedale; establishing zoning districts to regulate and restrict the use of property for residential, commercial, industrial and other purposes; regulating parking, landscaping, screening, lighting, signs, building design and materials;providing for the submission of site plans, subdivision plats and other development applications;providing regulations for flood damage prevention, stormwater protection, erosion and sediment control,and providing for procedures for review, approval and administration of these regulations. Ms. Roberts gave a brief overview and then added there was one more item they were proposing to change from the version the Commission had received already, which is to require all monument sign bases to have a minimum height of 18 inches to make the requirement consistent between both single- family residential and commercial districts. Then, with additional comments from Mr. Jirousek, she talked about input from the public forum and discussed how to resolve issues raised at that forum concerning the proposed center neighborhood village. For example, the city could adopt mapped village districts as regulating plans rather than going ahead and rezoning them. The Commission discussed the pros and cons of the different options and the different perspectives, from property owner concerns about value and being able to sell, and developer concerns about predictability. Mr. Jirousek said the UDC adoption is ahead of rezoning property, so one way or another, rezoning is happening after the UDC is adopted. Adopting regulating plans would solidify the city's position a bit more by adopting language that the maps will be general guidance on rezoning, whether that's one month for now or six months from now. He said that adopting the maps as exhibits embraces the concepts in general but does not tie the City into these specific boundaries. Mr. Jirousek then gave a presentation to the Commission covering the UDC process from start to finish, the background of the project, and information on major changes since the last draft the Commission had seen. He also gave more details about the proposed regulations for the Neighborhood and Urban Village districts. Ms. Roberts showed the Commissioners a list of ordinances that were proposed to be repealed from the city code and included in the UDC. Mr. Browne asked if the City adopted the village district maps, did that set the boundaries for those districts. Mr. Jirousek said that if the maps are adopted as part of the UDC, then they would serve as guidelines, but the City could work the boundaries on a case by case basis. He added that the City could build in flexibility. Mr. Jirousek pointed out the new maximum setback proposed for buildings in the Urban Corridor overlay district, stating that the steering committee thought it was important to limit parking in front of some buildings along the urban corridor so you don't have buildings pushed way back with a sea of parking. He said the regulations also promote cross access easements to promote traffic management while cars are moving with greater speeds. Mr. Harvey noted that the proposed Employment Center regulations don't have a green belt. Mr. Jirousek said LSL suggested removing the green belt district and replacing it with steep slope regulations instead so that the City doesn't have a district type that doesn't allow development. Mr. Jirousek said they hadn't removed a lot of regulations, but had mainly moved around and consolidated existing regulations. They also applied good regulations done recently to city-wide regulations. The chairman opened the public hearing. Cecil Bedford, who owns 600 Little School Rd, addressed the Commission. He said he'd had a contract for someone to buy his property, but that person backed out because he wanted to build and didn't want to wait until August. He asked if what LSL had done [proposed through the mapping] is the way it's going to be done. Mr. Harvey said he thinks the Commission's stance is through using a regulating plan, and not changing what it is today, then if Mr. Bedford wanted to submit for a rezoning again, the desire is that to be based on the regulating plan, but the Commission would have an opportunity to hear his justification for why it shouldn't be C-1 or what the regulating plan. He said that's kind of what their decision earlier [PZ 16-01] was, they needed to hear why it shouldn't be C-1, and then the Commission can make a decision. Mr. Bedford asked why the previous applicant [Mr. Blow] was told it couldn't be rezoned. Mr. Harvey said he couldn't answer why he would have been told that, but that if Mr. Bedford and other property owners see an opportunity to come in together to say why they think it should be rezoned, if various property owners want different zoning, if there are competing factions, the Commission has a harder time making that decision, and it's probably a better opportunity if they could provide a view of a better plan. Mr. Bedford said that the property owners around his property don't live in Kennedale, so how do they all get down to City Hall for the hearing. Ms. Roberts said they could use an owner affidavit, which would be signed by the property owners and notarized, and one person could represent all the property owners. Mr. Bedford asked about the rezoning application fee, and Ms. Roberts said that if all the property owners applied together on one application, they would have one fee. Mr. Bedford asked if the UDC was all decided on, and Mr. Harvey said they hadn't voted yet. He said if the Commission approved it, it will go to City Council, and Mr. Bedford would have another opportunity to give comments. Brett Clifton, who owns property behind Mr. Bedford's, also 600 Little School Rd, addressed the Commission. He had a copy of the Center neighborhood village proposed by LSL Planning and asked what the "general" area is, and Mr. Jirousek said the general area is a sub-area of the village district, and it's the most flexible area. He said it allows residential buildings, office buildings, commercial buildings, or a mix within the same structure. He said the more restrictive are transition and center sub-areas. Mr. Clifton asked if there are restrictions for the residential buildings. Mr. Harvey asked if Mr. Jirousek was talking multi-unit, and Mr. Clifton asked if meant duplex. Mr. Jirousek said yes, and Ms. Roberts added that townhomes would be an example. Mr. Harvey explained by saying if someone had an acre, he could build multiple condominium homes within that acre and create some density but also create a buffer next to the adjacent neighborhoods. Mr. Clifton asked what the projected timeline was in terms of going from current zoning to rezoning. Mr. Harvey said first the unified development code has to be passed. Mr. Jirousek said it was up to the city's discretion. The maps regulating maps will be available, but the timing is up to the city or to someone who wants to request the rezoning. Mr. Havey ask Mr. Jirousek if he had any response to comments from LSL the public hearing. Mr. Jirousek said that in terms of access management concerns raised by some property owners in the Central Neighborhood Village, you'll have a lot of the same issues and issues of assembling property in any zoning district, whether it's C-1, C-2, or village districts. This code provides more predictability, which makes it more attractive to developers. Ms. Roberts recommend approval of the UDC and also adopting maps as either regulating plans or guidance documents. She said the city had been working on this document for a long time, and she was very excited to bring this before the Commission. She said she is hoping it will provide flexibility for property owners but also predictability for the city and developers. Mr. Pirtle described the nice walkable downtown of Fredericksburg and said that's what they were working toward. Mr. Harvey agreed but added that Kennedale is working from a downtown that burned down, and that's what we're struggling with, getting residents to see the vision. He said Fredericksburg was able to embrace their downtown, and they've done a tremendous job, but they had a structure to build from. Mr. Pirtle said the UDC is easy to read. He said as an architect, he hates going through code, and this is pretty to-the-point. He said he liked its organization and simplicity. Mr. Harvey said it will be hyperlinked and online, and even a pdf version online will be hyperlinked, and he thought it was going to be a very useful document. Mr. Browne made a motion to adopt the UDC pending review by the city attorney and recommending the Village District maps be adopted as regulatory plans. The motion was seconded by Ms. Williamson. Mr. Pirtle said he would like to add to the motion that all of the areas marked in yellow in the UDC [edits to be done] get completed prior to recommendation to City Council. Ms. Williamson seconded the amendment. The motion passed with all in favor except Mr. Harvey, who abstained. X. REPORTS/ANNOUNCEMENTS Ms. Roberts said a groundbreaking for Dickey's BBQ was held earlier this month. She said coming up in October will be the beginner's bird workshop and a historical society event with Melvin Cooper as the speaker, talking about the Cooper family history in Kennedale. She said the Council will hold budget hearings in September, and coming up is the 6" annual Brooke Hester Hustle. She also said that on October 22nd will be KKB's Bring It! Recycling Event, the KPD Drug Takeback, and the Public Safety Open House. Mr. Browne asked if there was a way to put out information about citizens, since there was a resident who recently saved a couple in Joe Pool Lake. Ms. Roberts said there might be a way to put the information in the city newsletter, and she could give the information to the communications coordinator. XI. ADJOURNMENT Mr. Pirtle made a motion to adjourn, seconded by Ms. Williamson. The motion passed with all in favor except Mr. Harvey, who abstained. The meeting adjourned at 9:06 P.M. )c KENNEDALE Planning and Zoning Commission www.cityofkennedale.com STAFF REPORT TO THE PLANNING & ZONING COMMISSION Date: September 15, 2016 Agenda Item No: REGULAR ITEMS (A) I. SUBJECT CASE # PZ 16-03 Public hearing and consider approval of a request by Hickman Consulting Engineers for MKP Associates, Inc. for a replat of approximately 5.005 acres at 1209 Swiney Hiett Rd, being a replat of C C Swiney's Subdivision Lot 1, Kennedale, Tarrant County, to create Falcon Crest Estates Block 1 Lots 1-7. II. SUMMARY BACKGROUND OVERVIEW Request Replat Applicant Hickman Consulting for MKP Associates, Inc. Location Swiney Hiett Rd between Joplin and Collett Sublett Rds (see map) Surrounding Uses Single-family residential Surrounding Zoning Agricultural, R-1 single family residential, R-3 single family residential Future Land Use Plan Designation Neighborhood Staff Recommendation Approve CURRENT STATUS OF • The property is zoned R-2 residential (PD-R2, which has R-2 zoning district regulations), and no zoning change is proposed. The property is surrounded by other single-family residential uses. Previously, the property was used for one single-family residence. SURROUNDING PROPERTIES & NEIGHBORHOOD As stated above, the surrounding properties are all single-family residential. HISTORY PLATTING C C Swiney's Subdivision was platted in 1946. Many of the other original lots have been subdivided since then, but this property has remained unchanged (in terms of lot divisions). STAFF REVIEW The City Council shall approve a plat if it conforms to the comprehensive land use plan and platting regulations. COMPREHENSIVE LAND USE PLAN The Future Land Use Plan shows this area as part of a Neighborhood character district. 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 plat is for residential development as called for in the future land use plan, and the proposed street is not included in the future transportation plan (the city's standard street requirements would therefore apply). The replat conforms to the comprehensive land use plan. CITY DEVELOPMENT REQUIREMENTS City staff and the city's engineers reviewed the plat for compliance with the city's regulations for replats. Revisions to the first submitted plat and associated plans were required, in particular for meeting drainage requirements. The applicant has made the required revisions. PLANNING REQUIREMENTS TECHNICAL SPECIFICATIONS FOR PLAT DRAWINGS. The replat drawing meets the technical requirements for replat drawings. ZONING DISTRICT LOT REQUIREMENTS. The proposed plat meets the requirements of the R-2 single family residential zoning district. SUBDIVISION REGULATIONS & PUBLIC WORKS DESIGN MANUAL PLANS REQUIRED. All required plans were submitted by the applicant. The plans have been reviewed by Public Works Department staff and the city engineers and have been approved, except for a few minor items that do not require revision prior to plat approval. Staff considers the plan requirement to be met by the applicant. STAFF RECOMMENDATION Based on the above analysis, staff recommends approval of the replat. ACTION • NING COMMISION The Planning & Zoning Commission may recommend approval, approval with conditions, or denial of the replat. Sample motions are provided below (you are not required to use one of these motions). Approval: Based on the information presented, I find that the replat is in compliance with the comprehensive land use plan and meets city requirements for replats. I make a motion to approve Case PZ 16-03. Approval with Conditions: Based on the information presented, I find that the replat is in compliance with the comprehensive land use plan and meets city requirements except for [state requirement that needs to be met]. I make a motion to approve Case PZ 16-03 with the following conditions [list conditions]. Deny: Based on the information presented, I find that the proposed replat does not meet [list standards or requirements not met]. I make a motion to deny Case 16-03. LLI 1. U- po �,4 2 t UJ < o 0,� wl 8.g C-i On og 7 0 P t5 T OZ LLL ZZI.LUOS pa -------- --- ------- -- ------ Fw . 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SUBJECT CASE # PZ 16-11 Public Hearing to receive public comments and consider approval of a request by Ashton Holdings for a replat of approximately 0.988 acres at 408 3rd St, being a replat of Soto Addition Block 1 Lot 1R, Kennedale, Tarrant County, to create Soto Addition Lot 1R-1 and 1R-2. II. SUMMARY BACKGROUND OVERVIEW Request Replat 1 lot into 2 lots Applicant Ashton Holdings Location 3rd Street (Old Town) near intersection with Corry A Edwards Dr Surrounding Uses Single family residential; park; civic uses; multi-family (duplex, quadplex) Surrounding Zoning Old Town sub-districts 2 and 3 Future Land Use Plan Downtown Village Designation Staff Recommendation Approve CURRENT STATUS OF • The property has been vacant for some time, except for some outbuildings that have recently been removed. It has been subject to drainage problems, which will be addressed as required through development of the property. SURROUNDING • PERTIES & NEIGHBORHOO The properties surrounding it are primarily single family residential, but there are duplex and quadplex residences located nearby. Old Town is an older neighborhood, with many of the nearby lots being larger than required by the zoning district regulations. HISTORY PLATTING The property was platted as Soto Addition Block 1 Lot 1R in 1996. )c KENNEDALE Planning and Zoning Commission www.cityofkennedale.com STAFF REPORT TO THE PLANNING & ZONING COMMISSION STAFF REVIEW The City Council shall approve a plat if it conforms to the comprehensive land use plan and platting regulations. COMPREHENSIVE LAND USE PLAN The Future Land Use Plan shows this area as part of the Downtown Village character district. The comprehensive plan states that the Downtown Village character district should be based on the original downtown street grid and block pattern. Uses should include a relatively dense mix of residences and businesses. The village should be easily accessible by pedestrians from the Towncenter and nearby. The proposed replat preserves the existing block pattern. The street on which the proposed lots front, 3rd Street, has a 50-foot right-of-way, in compliance with the future transportation plan portion of the comprehensive land use plan. The proposed lots are for residential purposes, which also conforms to the comprehensive plan. The replat complies with the comprehensive land use plan. CITY DEVELOPMENT REQUIREMENTS In addition to compliance with the comprehensive land use plan, plats must also be in compliance with applicable city regulations in order to be approved. PLANNING REQUIREMENTS TECHNICAL SPECIFICATIONS FOR PLAT DRAWINGS. The plat drawing meets the technical requirements for replats. ZONING DISTRICT LOT REQUIREMENTS. The proposed plat meets the requirements of the Old Town sub-district 2 zoning district. SUBDIVISION REGULATIONS & PUBLIC WORKS DESIGN MANUAL PLANS REQUIRED. No plans were required by the Public Works Department or the city engineers. STAFF RECOMMENDATION Based on the above analysis, staff recommends approval of the replat. )c KENNEDALE Planning and Zoning Commission www.cityofkennedale.com STAFF REPORT TO THE PLANNING & ZONING COMMISSION ACTION • NING COMMISION The Planning & Zoning Commission may recommend approval, approval with conditions, or denial of the replat. Sample motions are provided below (note: you are not required to use one of these motions). Approval: Based on the information presented, I find that the replat meets city requirements and is in compliance with the comprehensive land use plan. I make a motion to approve the Case PZ 16-11. Approval with Conditions: Based on the information presented, I find that the request meets city requirements except for [list requirement(s) not met] and is in compliance with the comprehensive land use plan. I make a motion to approve Case PZ 16-11 with the following conditions [list conditions]. Deny: Based on the information presented, I find that the proposed use does not meet [list standards or requirements not met] and make a motion to deny Case PZ 16-11. sluewuaano9 Jo PunOO sexeL lealueO UPON u1OJJ elep peon{ joujsio 1esieaddy juearelayj to ep IGepunoq/aoae S3/�33b M31/�1S3b0 3NMEION11 �QJPy .13NN3�1 J� SULPHUR vl nvd g1 Q W � 7 T- V11ONEWN s--� Tdd I OI N n W O � O � od MJVAAa 3`d.12J 0 O NI` N Q m CO (6 0 Q p N o C) 0 N NO 0 s o s +-- o � N O LL o 0 o O N 2 O _ M O cn E N c 0 9Dd NI 109 J VIM 90i-9I/NOIIIUUV VIOS 90i-9I/9IOZ 9Dd 56 vpm NwOWa .¢aa,o o°ax$ " o °es" esm a. eT �8' �sv °. 6ava w ao�o o?o H �1 013� d q. am FaP. wwoa'yzaa'�g� � " o ti ov Cc) F y ov Ff4 Q IF-'aa°a g a " a°a4q A °� H O � M wwWw�x s°re O 5 a �eAF a° av s w�q Moa•os •xa SaHVM(IH•v AIJH03 a Awe 0069 a-,AMZo00N 00'OL M,AOSfo00S T ,Of'LS[ MA00[o00S � W .a ate' ° 3F�F w m a: -98 d 'P a o � e °omF w a�o z H z w f4 _ F. 0 I a o a ealo••ul-- 75'O.E_ A791 A3�,9S,LOo00 S ala..ul -------------------------- :S-Ilol,----__-133.80!__-_- ealo••ul o v S 03°05'04"E 299.55' W Pa a zecFi - �" was®dam °I _ F �I —_—_____— a I _- sala..al .. __________ ____ 7.5 ----------------- N 03°05'04"W 30215' g o a --- °d N� yooszs wwa15�r 2G`5 zro aawE ysq �o zyy�z o ¢N �°`�H�w oa I z¢ A as o xN °ham w wzw 00 I V eV '8 OFF S01°34'19"E 102.54' oz Q - W � W I � ° �o°i III fed .a e x o'xn a FO moo a = tea,, v zw �}°zo Ta I y� i Ilk;;_- , .. Y , a — _ - - .10 ' e mks WT, qqq � a w a, r f I{ f� . n • �"' t'}a fir!' _ b''�- ' - Aft vil F " 4 i r ge s ,a Jl Property owners notified Owner—Last—Name Owner—First—Name Owner_Addr Owner—City BOYD ALICE LOREE 321 W 3RD ST KENNEDALE, TX BRAY KENNETH J ETAL PO BOX 1715 ALEDO, TX CAMP PERRY RAY 4900 MARBLE FALLS RD FORT WORTH, TX CHAVEZ DOMINGO 412 W 4TH ST KENNEDALE, TX CRAWFORD CAROLE JEAN 424 W 4TH ST KENNEDALE, TX JOBLON HAYLEY& CHRISTOPHER 417 CORRY A EDWARDS DR KENNEDALE, TX GONZALES EDWARD M 320 W 4TH ST KENNEDALE, TX GONZALES PAUL 400 W 4TH ST KENNEDALE, TX GONZALEZ DOMINGO 429 CORRY A EDWARDS DR KENNEDALE, TX KENNEDALE CITY OF 405 MUNICIPAL DR KENNEDALE, TX KEYES CORNELIUS M ETAL 25474 VIA ESCOVAR VALENCIA, CA LEACH RAMONA R 401 W 3RD ST KENNEDALE, TX RHODES KELLY N 421 W 3RD ST KENNEDALE, TX SALINAS MARY ALICE BARRON 405 CORRY A EDWARDS DR KENNEDALE, TX SALINAS JUAN 405 CORRY A EDWARDS DR KENNEDALE, TX SALINS RACHEL A 329 W 3RD ST KENNEDALE, TX SATHER JERRY D 421 CORRY A EDWARDS DR KENNEDALE, TX SATHER JERRY D 421 CORRY A EDWARDS DR KENNEDALE, TX PENNINGTON ADLAI THOMAS RICHARD D 416 W 3RD ST KENNEDALE, TX THOMAS VINITA ANN 412 W 3RD ST KENNEDALE, TX VILLAIRE SEAN 500 HILLSIDE DR KENNEDALE, TX WISE RICHARD 417 W 3RD ST KENNEDALE, TX P" Owner_Zip Owner_Zip4 76060 2203 76008 1715 76103 1220 76060 2215 76060 2215 76060 4436 76060 2213 76060 2215 76060 76060 2249 91355 2914 76060 76060 2205 76060 4436 76060 4436 76060 2203 76060 4436 76060 4436 2230 76060 2204 76060 76060 2607 76060 2205 u I I�x L -4Zk IZ CID A-V 1. )c KENNEDALE Planning and Zoning Commission www.cityofkennedale.com STAFF REPORT TO THE PLANNING & ZONING COMMISSION Date: September 15, 2016 Agenda Item No: REGULAR ITEMS (C) I. SUBJECT CASE # PZ 16-12 Public hearing and consideration of Ordinance approval regarding a request by Joe Boston, Jr for SOS Renovations, LLC for a zoning change from "AG" Agricultural to "R-3" Single-family residential for approximately 1.5 acres in the W E Haltom Survey A-731 and described in a deed recorded as D213282537 in the Tarrant County deed records and located at 1115 Border Ln. II. SUMMARY BACKGROUND OVERVIEW Request Rezone Applicant Joe Boston for SOS Renovations Location Border Lane, behind Shady Creek East neighborhood (see map) Surrounding Uses Single family residential; educational Surrounding Zonings R-1 single family residential to the east and west; Agricultural to the north, and R-3 and R-2 single family residential to the south Future Land Use Plan Neighborhood Designation Staff Recommendation Approve CURRENT STATUS OF • The property is approximately 1.5 acres in size and has one house; the property is owned by the applicant. SURROUNDING • PERTIES & NEIGHBORHOO SURROUNDING ZONING CLASSIFICATIONS All of the zoning districts surrounding this property are for single family residential use: R-1, R-2, and R-3 single family residential, as well as Agricultural. SURROUNDING LAND USES The majority of properties surrounding this one are single-family residential in use. The exception is the east side, which is the high school property. STAFF REVIEW COMPREHENSIVE LAND USE PLAN The Future Land Use Plan shows this area as part of a Neighborhood character district. 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, which conforms to the comprehensive land use plan. The property is surrounded by existing residential development, so it can't feasibly connect to an existing community or civic use, and providing such a space would be difficult in a site this size. Staff considers the requested rezoning to be in compliance with the comprehensive land use plan. COMPLIANCE WITH OTHER CITY PLANS AND POLICIES STRATEGIC PLAN The recommendations of the strategic plan do not relate to the requested rezoning. CITY COUNCIL PRIORITIES MEASURED THROUGH THE BALANCED SCORECARD Only one of the Council's priorities as measured through the balance scorecard relates to this request, which is enhancing the business climate relates to this rezoning request. Increasing the number of residents who can use Kennedale businesses was identified as one way to enhance the business climate, and the R-3 zoning district allows for more residences – and therefore more people – than the Agricultural zoning district does. ADDITIONAL FACTORS TO CONSIDER Id 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. In this case, the current zoning is no longer appropriate. The area is primarily suburban in character, and agricultural operations permitted under current zoning would not be suitable. STAFF RECOMMENDATION Based on the above analysis, staff recommends approval of the rezoning. ACTION • NING COMMISION Approval: Based on the information presented, I find that the request conforms to the comprehensive land use plan and meets city requirements for rezoning. I make a motion to recommend approval of Case PZ 16-12. Approval with Conditions: Based on the information presented, I find that the request conforms to the comprehensive land use plan and meets city requirements for rezoning, except for [list exception]. I make a motion to recommend approval the Case PZ 16-12 with the following conditions [list conditions]. Deny: Based on the information presented, I find that the proposed use does not conform to the comprehensive land use plan [or does not meet requirements for rezoning, state which one] and make a motion to deny Case PZ 16-12. SOS Renovations LLC P.O. Box 591 Mansfield Tx 76063 Phone 817-477-3222- Fax 917-200-7565 SOSRenovationsLLC@gmaii.com 8/12/2016 Dear City of Ken nedale—Planning and Zoning, am requesting a zoning change for the property located at 9995 Border Lane, Kennedale Tx. 76060 from (AG) agricultural to (113) single family residential. I am the sole owner of this 9.5 acre property and 1 acre of the property currently sits vacant. The current zoning for the property is (AG) agricultural. This is primarily due to the original land owner receiving that designation many years ago. Obviously, since that time the majority of lots and land that reside next to that location were sold and rezoned residential. Currently, (AG) agricultural zoning does not comply with the property or any resident near that location. Frankly, it will never be used for that purpose. The fut use of the property will be for single family residential usage. fa VP r r ' s, s 1g�ph W. Boston Jr for SOS renovations LLC PETITION FOR CHANGE OF ZONING CLASSIFICATION CONING CASE # i (assigned by city staff) DATE: 9-- I Z 6 City Council City of Kennedale Kennedale,Texas 76060 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL: You are hereby respectfully requested to approve the following request for a change of zoning classification. 1, the applicant, request to change the zoning classification of the property described on Exhibit "A" attached, from its current zoning classification of l _ y to that of JZS1dt4k1j in its entirety as shown on Exhibit "B" attached. The property totals some acres. A statement of why the zoning change should be approved is attached to this application. I understand that I must satisfy the Council that either the general welfare of all the city affected by the area to be changed will be enhanced, or that the property is unusable for the purposes allowed under existing zoning. Legal Description is J1 AL7-0-44, L42 & Su,y ye-cj, pb-�.+rac7t j V9-Ac7-,- IG C f Present use of the property is yaco-4- /" 4 Address of the property is �S FarzQ& 2 4A1. 0 10 Property Owner's Name: �QSc j'f�f BOS-6,7 J)0- ,r-�w G4� c— Address: G T e 7X' -7-;7eo6-3 Telephone Number: ' ' Applicant's Name: -/-V/t t �/G +vJc"l�ypfl 1� Address: I G14L C nGt1 ;! C Telephone Number: If applicant is not the owner,an owner's affidavit must be submitted with this application. XI, the applicant, understand that city staff, the Planning& Zoning Commission, or the City Council may request from me a site plan or other supporting documents concerning the nature, extent, and impact of my request for rezoning, in addition to what I supply with my application for a change in zoning. I further certify that —�015 l2ef-laziJ7ai S LLL is the sole owner(s) of the property described in the legal description and shown in the map attached to this application, as of the date of this application. Applippant Signature Date Items to be submitted with this application: ❑ Owner affidavit (if applicant is not the property owner) ❑ Application fee ❑ Statement of why the zone change should be approved ❑ Map showing the property requested to be rezoned ❑ Legal description (metes and bounds) for the property to be rezoned. o If you do not have a current survey with a metes and bounds description, you may submit the most recent deed for the property if it includes a metes and bounds description. ..--------------------------------------------------------------- - . .-.--..---------....---. ...-.. .. ......................-..................I..........._..- ......-...-...-.. .............................__.................4......................._....................................._....... Oil a} M. �f:�'R ExF�u6� � •.�� �'�a e.ERit•��5$ as �9E Ea jJ M4ll�npd lfa�T �' !% �jv Mist €= C9 ' F ! i� M �' m• � � 4 x - R A 1 t3a - _. 'FI11..5iO4YAN VdfYd �._ C p[� � NnAwIA rn rt I cc F � R.A' • � D P ��' � ZJe�q fI ^.� _ �•E�T �` Hua1i89AW16 � d W� � I � ' i Ham •+ �\,� ale E a zls a�� Ul • °i ,.py. ^• �ry � L'� irtll.s tl ie E G f i tl.�--.1 3 6�,•i � xpe� i =d sluewuieAoE)jo Iiounop sexeL lequej UPON w0,'J elep peod louqs.0 sieaddy�ueaaelayj woij elep Aiepunoq le ie > m w LU w N m WILDCAT J � Lu 4 LU J Z m u D k W (n 3 H-l-mi—v—o 2:13d000 SHADY BEND Aor w LiPt- m N m N " A31llHM N Q � o o00 M< Q c +J Mx o ii U) m m O - C N o N Q � D cl EEO cn 1001-10S 31llll slueuruaano910 PunOO sexeL lealueO UPON uroaJ elep peod jou�sio sieaddV�uearelayl uroij elep lUepunoq wore a a U a a a a a a a a a a a a a MOCIV3N NMd3 a aaaaaa a a U a a a a a a a a a a a a a a a a a a a a a W O a N � a a � a a a ma a a w w a a a a j a s a U LU a W <a a a a a Oa W < a a Q J� a a d a a 0 a O a (D a a s a z a a s a a Za p a a s a w a a a a a a a a a Ya a a 0 LL a a a a a a a a a 1`dOaIIM � o a a a � a a a a S2E]H1f12jvo a a a a a a a 4� �I 3 d OOO `n a Q a a a a a a a a a a a a a a a a o ca a a a a E a BEN D a a s a s SHADY .10f a �. a a o G�1 a UJ a a a a a a a a a a a a a a a a 6 a Cp a a a m a a a a a a a a) r� a L a a N a a a a a a a a a a p, > a A� a .l31l I HM 6 a o Z N a Ua a a a a a a U O U a U a a U N a O a a a s a _ 0 U a N a U a a Q a O U) Go = (U 0- — a a a a a a o T a) cu N a a a a a a +� U LL a a N O to a a a a a a a C4 � 70 U a a a Y a a a OU a a a a Q a a a O N a °O a) a a a O a a a Y N E Eo a a U Q U a a cu a a a U c= a a cj � ° U) a a U a a a s U a) U U U +-' a O IOOHOS 31llll z STATE USE CODES A RESIDENTIAL F COMMERCIAL/INDUSTRIAL Al Single-Family F1 Commercial A2 Mobile Homes F2 Industrial A3 Condominiums F3 Billboards A4 Townhomes A5 Planned Unit Development (PUD) G OIL/GAS/MINERAL RESERVES A9 Interim use IG11 Oil/Gas/Mineral Reserves B RESIDENTIAL J UTILITIES B1 Multi-Family J1 Water Systems B2 Duplex J2 Gas Companies B3 Triplex J3 Electric Companies B4 Quadraplex J4 Telephone Companies J5 Railroads C VACANT PLATTED LOTS/TRACTS J6 Pipelines C1 Residential J7 Cable Companies C2 Commercial 08 Other C3 Rural C6 Vacant Exempt (Right-of-Way) L COMMERCIAL/INDUSTRIAL L1 Commercial BPP D ACREAGE L2 Industrial BPP D1 Ranch Land D2 Timberland M MOBILE HOMES D3 Farmland M2 Private Aircraft D4 Undeveloped M3 Mobile Home M4 Other Tangible PP E FARM/RANCH E1 House + Limited Acres O RESIDENTIAL INVENTORY E2 Mobile Home + Limited Acres 01 Vacant E3 Other Improvements 02 Improved Standard Distribution Data, 2013 Appendix C ORDINANCE 609 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 OF THE CITY OF KENNEDALE FROM "AG" AGRICULTURAL DISTRICT TO "R-3" SINGLE FAMILY RESIDENTIAL 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, SOS Renovations, having a proprietary interest in the property described below, has requested a zoning change as described below; AND WHEREAS, the City Council has determined that the current Agricultural zoning designation is no longer suitable for said property, given the character of surrounding development; and WHEREAS, a public hearing was duly held by September 2016 and by the City Council of the City of Kennedale on the 19th day of September 2016 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: 1 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 1.5-acre tract in the W. E. Haltom Survey, Tarrant County, Texas, being that same property conveyed by Warranty Deed from Donna Kay Geter to SOS Renovations LLC, instrument number D213282537 ("the Property"), more particularly described on Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural zoning district to "R-3" Single family residential district. SECTION 2. The zoning districts and boundaries as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and general 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 3. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. SECTION 4. The use of the 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 5. 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 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 6. 2 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 7. 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 8. 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 9. The City Secretary of the City of Kennedale is hereby directed to publish the caption, Section 1, penalty clause, publication clause and 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 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law and it is so ordained. PASSED AND APPROVED ON THIS 19TH DAY OF SEPTEMBER, 2016. Mayor, Brian Johnson 3 ATTEST: City Secretary, Leslie Galloway EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney, Wayne K. Olson 4 Exhibit "A" Legal Description Metes and Bounds Description Attached as Exhibit A to Warranty Deed Filed in Tarrant County, Texas, D206017824 5 Page 3 of 4 ATTACHMENT A TR I ein at certain lot,tract or parcel of land located in the W.E. HALTOM SURVEY ABSTRACT 1 arr t County,Texas and being the same land described in Deed to Thurman R. Henry nd . ra Henry, recorded in Volume 4051, Page 444, Deed Records,Tarrant County, x an ing ore particularly described as follows: The ce ort deg. 7 in. 17 sec. West, along the said common line of the W.E. Haltom Survey,Ab act a E. Haltom Survey,Abstract 1791, a distance of the 114.69 feet to a % in me iron t at the most Southernly Southeast corner of a tract of land described in ed t e d and Wife, Penny L. Floyd, recorded in Volume 13154, Page 409, Deed Re tls rra County,Texas; THENCE North,a t ce 8. feet to a 3/8 inch diameter iron rod found at the "ell" corner of said Floyd t a THENCE South 89 deg.57mi se , a distance of 114.69 feet to a% inch diameter rod with plastic cap stamped : the most Northerly Southeast corner of said Floyd tract,said point being in the est fix o sai Lo , lock 1, K.I.S.D.Addition; THENCE South (basis of bearing d i m rementioned Deed to Henry), along the West line of said Lot 1, Block 1, KISD,Addi on, istance of 0 feet to the PLACE of BEGINNING and containing 1.500 acres of land. TRACT 11 Easement estate from Merle M. Caruthers an ife . Caruthers to Thurman R. Henry and wife, Barbara Henry in deed recorded in Volume 05 e 47, Deed Records,Tarrant County,Texas,described as follows: BEGINNING at a point 171.7 feet E. and 2640 feet S.of the c r o said Haltom Survey, thence East 50 feet; THENCE N 568.17 feet to a point for corner; THENCE West 50 feet to a pin for corner; THENCE South 568.17 feet to the Point of Beginning A.P.N. 04469569 Rt N N rl m M 00 00 00 00 00 c-1 Q M r-I r-I lO Rt r-I M r- r, r, r- r, N 00 00 00 Rt N 00 Ol Rt Rt Rt Rt Rt 00 N Ln Ln Ln N Ln N Ln Ln Ln Ln Ln Ln LI C 3 O CL O O O O O O �O 0 0 0 0 0 0 0 �O �O �O �O �O �O r-I Qo Qo Qo Qo Qo Qo Qo N O O O O O O O O O O O O O O LI tO tO tO tO tO tO tO tO tD to tO tO tO tO C 3 O X X X X X X X X X X X X X 76 76 76 76 76 76 76 76 76 76 76 76 76 I N N N N N N N N N N N N N -a -a -a -a -a -0 0 -0 -0 -0 -0 -0 -0 -0 N N N N N N 0o N N N N N N N 3 c c C C C C c C C C C C C C O c c C C C C c c c c c c c oo (1) (1) c Q O N a � a N L N O Q CL LI C j a� O O J C C C N C C C C C C C J J J N N N N N N +) 3 a m m m m m m O C C � C g a c L Q Q •� Q c o O O o O m O O X O Ln U U O U N N N N N N Ln C r-1 O lO m Ln ri O O 00 to -:i- N O ri r-1 N r-1 O O N lD r-I O O O O O r-1 s ri lO lO d -:I- l0 M 00 00 00 00 00 00 ri a-+ •3 a� � � U Q L O LL L L I d z O s a� a) = s c 4- H `� p m � c °� s J L E (L6 E s a� E c L S U c (6 +1 4. 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