Loading...
2016_10.20 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 October 20, 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 September 15, 2016 regular 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 16-12 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 B. CASE # PZ 16-13 Public hearing and consideration of Ordinance approval regarding a request by John K. Dancer for change in zoning from R-3 (single family residential) to C-2 (general commercial) for .688 acres at 700 Mansfield Cardinal Rd, legal description of CA Boaz subdivision of JB Renfro, block 13, lots 4-7, Kennedale, Tarrant County, Texas. 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 October 20, 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: October 20, 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: October 20, 2016 Agenda Item No: MINUTES APPROVAL- A. I. Subject: Consider approval of minutes from the September 15, 2016 regular meeting II. Originated by: Rachel Roberts, City Planner III. Summary: The minutes from the September 15th meeting are attached to this message for your review. IV. Notification: V. Fiscal Impact Summary: VI. Legal Impact: VII. Recommendation: VIII. Alternative Actions: IX. Attachments: 1. 09.15.2016 PZ Minutes 109.15.2016 PZ Minutes.doc )c KENNEDALE Planning and Zoning Commission www.cityofi(ennedale.com KENNEDALE PLANNING & ZONING COMMISSION AGENDA COMMISSIONERS - REGULAR MEETING September 15, 2016 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE I. CALL TO ORDER Chairman Harvey called the work session to order at 6:15 P.M. II. ROLL CALL Commissioner Present Absent Ernest Harvey x Tom Pirtle x Stephen Brim x Harry Browne x Jeff Whitacre x Carolyn Williamson x vacant A quorum was present. Staff present: Rachel Roberts, community development director. III. WORK SESSION A. Discuss any item on the regular session agenda The Commission discussed PZ 16-03, including drainage and whether dirt work was already underway. Ms. Roberts said the engineers have reviewed the drainage several times and had approved the drainage plans. Regarding PZ 16-12, Mr. Harvey asked if there was a house there, and Ms. Roberts said there was. Mr. Harvey asked if rezoning would affect the house, and Ms. Roberts said it would not, but if the owner platted the property, he'd have to make a legal R-3 lot for that house if the rezoning were approved. Mr. Pirtle asked what the difference was between R-1 and R-3, and Mr. Brim said it was density, that R-3 is a smaller lot. Ms. Roberts said that additional right-of-way would be required, since the existing road doesn't meet code. Mr. Harvey said it makes a nice buffer between Shady Creek East and the school, growing in intensity from R-1 to R-3. Mr. Brim added that the Arlington subdivision just to the north looks to be about R-3 in density. The work session closed at 6:49 P.M. IV. REGULAR SESSION V. CALL TO ORDER Chairman Harvey called the regular session to order at 7:00 P.M. VI. ROLL CALL Commissioner Present Absent Ernest Harvey x Tom Pirtle x Stephen Brim x Harry Browne x Jeff Whitacre x Carolyn Williamson x vacant A quorum was present. Staff present: Rachel Roberts, community development director. VII. MINUTES APPROVAL A. Consider approval of minutes from the August 18, 2016 Planning &Zoning Commission meeting Mr. Pirtle motioned to approve the minutes as written. The motion was seconded by Ms. Williamson and approved with three members in favor and Mr. Brim abstaining. VIII. VISITOR/CITIZENS FORUM No one registered to speak. 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 Ms. Roberts described the surrounding land uses and zoning and said the requested plat conformed to the comprehensive land use plan and met all city requirements for plats. She recommended approval. Mr. Harvey asked if the fire department had looked at the plans, and Ms. Roberts said yes, the fire chief reviews all plats. 2. Applicant presentation Adlai Pennington said he was there to answer any questions the board might have. Mr. Harvey asked about the drainage easement. Mr. Pennington said the property owner to the east wants all the water he can get, so they have a letter from him accepting all the water outfall from the detention pond. The pond is designed to accommodate all the water from the area. The water is collected in a basin in the road and then is directed to the detention pond. Mr. Pirtle asked if there was an agreement on the neighbor taking the water, and Mr. Pennington said yes, that was one of the requirements of staff and the engineers. 3. Public Hearing Dennis Faulker, 1217 Swiney Hiett, said he is the property owner Mr. Pennington spoke of and said they want the water from the roads to go to their tank. He said with the fill dirt and the elevation of the homes, they're concerned about how much water they'll be getting. Mr. Harvey said he's not an engineer, so he can't really say, but he thinks the natural topography goes toward him. Mr. Harvey said he could just ask that that be addressed. Mr. Faulker said he'd lived there 50 years, and he's not against development, but they're just concerned about the water. Ken Brae said he owns a single-story fourplex in the area, and Mr. Harvey said we haven't gotten to that case yet [Case PZ 16-11]. Daniel Russell, 1181 Swiney Hiett, wanted to know how water that will come out of the lots will be routed when it comes out of his yard into the street. He also asked if there would be a brick retaining wall on the west side of the property and if there would be a brick wall all the way around it the development. Mr. Harvey said as the Commission doesn't have all those responses, because they're not looking at the subdivision plans, that they're only looking at the lots to be platted. He said he would ask Mr. Pennington to provide a response if he has one available. Mr. Harvey closed the public hearing. 4. Applicant response Mr. Pennington said he wanted to reiterate Ms. Roberts' comment earlier that if the plat meets all the requirements of state law, the Commission has to approve it. In response to comments from the hearing, he said historically the drainage area map is pretty large and the development would be capturing at the road a lot of the water that would have sheet flowed onto Mr. Faulkner's property. He said the yards are half acre lots with large setbacks, so it's going to have a negligible amount of runoff. He added that the road is lower than the elevation of the fence line, and they'll bring the water from the east and to the north onto their property. He also said they weren't building a wall. 5. Staff response and summary Ms. Roberts said that in terms of drainage, the city's engineers had reviewed the plan extensively and are comfortable with the approved plans. Regarding the subdivision wall, she said that would be worked out through a city-developer agreement approved by Council, but a subdivision wall doesn't typically go all the way around a subdivision. She said that on the west side, city staff preferred the line of trees be saved. She said that staff recommends approval. 6. Action by the Planning and Zoning Commission Mr. Pirtle made a motion to approve the plat, seconded by Mr. Brim. The motion passed unanimously. 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 Ms. Roberts described the surrounding land uses and zoning and said the requested plat conformed to the comprehensive land use plan and met all city requirements for plats. She said there were drainage problems in the area, but they did not originate at this property, and staff did not expect building on these lots to increase the problem. She said drainage on site would have to be addressed as part of permitting for new homes and added that the city's storm water staff are actively working on solutions to the drainage problem in the area. She recommended approval. 2. Applicant presentation Adlai Pennington, 1375 Gilman Rd, Fort Worth [in Kennedale], addressed the Commission. He said he believes the plat meets all the requirements of the comprehensive plan and city requirements, and he respectfully requested approval. Mr. Harvey asked what the applicant was planning to do there. Mr. Pennington said the property is near Hilltop, and the builder has purchased the property and plans to build on it to show an example of what will be built in Hilltop. 3. Public Hearing Kenneth Brae, P. O. Box 1715, Aledo, Texas addressed the Commission. He said he owns property at 409 and 415 3rd, and with heavy rains, the front driveway is covered with water. He said that although there is a drainage easement along the side of 409 and the property in back going to 4t" St, the city allowed a house to be built on part of that drainage easement. He said he's spoken with the city manager and city staff, and he was assured five or six years that it was on the city's agenda, but every year it doesn't happen. Mr. Harvey said one advantage is that building there will slow some of the water down. He said that as staff said, that is a problem being addressed, but this would benefit Mr. Brae to some extent, because there'll be a structure there to slow down some of that water. He added that he could only say from the staff presentation that it is a priority for the city to address the issue. Vinita Thomas, 412 W 3rd St, addressed the Commission about drainage. She presented pictures to the Commission showing the lot in question, showing flooding on the property proposed to be platted. She said if they're going to build a house, they're first going to have to fix the drainage. Mary Salinas, 401 and 405 Corry A. Edwards, spoke against the replat. She asked what the lot sizes would be after the replat, and Mr. Harvey gave her the lot dimensions. Ms. Salinas said the lot floods and water from that lot comes into their backyards. She was concerned if the lots were built up, the water that now comes off the road onto that lot will remain on their properties and cause more flooding. She said when the fourplex was built, it stopped the natural progression of water to the creek, and she hoped that's going to be taken care of. Mr. Harvey said that this is just a replat, and it's not part of the building process; it's just saying to subdivide the property into two lots. He said what happens after that is an application to build. He added that he could take note of concerns and share that with city staff and the city manager. Mr. Harvey said he appreciated them coming out to speak and to please come back to the Council meeting Monday night to make sure they're heard. He added that in this replat, they're not changing existing conditions, so if there is an existing problem, they're not going to change that; all they can do is pass along the concerns. Lana Sather, 421 and 423 Corry A. Edwards, spoke against the replat with contingencies. She said they did ask that Hilltop not be rezoned, and that her properties don't have drainage issues, but they don't want them. She said they don't know that it's going to be single family homes. She also asked the staff to please make the developer abide by the construction times for Hilltop, because that is not happening. Mr. Harvey closed the public hearing. 4. Applicant response Mr. Pennington said the lots would be picking up water that would have sheet flowed south, which was all part of a lengthy analysis done for the Hilltop development. He said the Hilltop property has been lowered, so he feels confident that in no way would Hilltop be increasing the flow, and in fact the studies show it will be reducing flow to this property. He said the problem source is downstream of this property. He said that because it meets all of the requirements, he respectfully asked that the plat be approved. He added that they will comply with all requirements when permits are applied for. Ms. Salinas asked if there was no guarantee that it's going to be single family homes. Mr. Pennington said the zoning is for single family. Ms. Sather asked Ms. Roberts to confirm that. Ms. Roberts said that actually duplex is allowed, but the lots proposed were for single family use, and if duplex were wanted, the replat would be different. 5. Staff response and summary Ms. Roberts said that she is concerned about the construction hours at the Hilltop development not being followed, although that is outside of the replat case, and staff will be talking with the contractor about it. She also said she would let the city's storm water coordinator know specifically which property owners were concerned so he could get in touch with them about plans for the area. 6. Action by the Planning and Zoning Commission Ms. Williamson said that having heard the discussion and replies and the recommendations of staff, she made a motion that the plat be accepted as presented. The motion was seconded by Mr. Pirtle, and the motion passed unanimously. 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 Ms. Roberts described the surrounding land uses and zoning. She said staff considers the requested rezoning to be in compliance with the comprehensive land use plan. She said the recommendations of the strategic plan do not relate to the requested rezoning, and in terms of City Council priorities, only one of the Council's priorities as measured through the balance scorecard relates to this request, which is enhancing the business climate; 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. She said 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. Ms. Roberts recommended approval 2. Applicant presentation Joseph Boston, Jr., 1115 Border Lane, Kennedale, addressed the Commission. He said he bought the property in October 2013. The house is on a half acre, and the remaining acre is vacant, surrounded to the front and both sides by single family residential. He said he has no plans to use the property for agricultural purposes and requested approval. Mr. Harvey asked Mr. Boston what he thought his next steps would be. Mr. Boston said the property would be platted. Mr. Harvey asked how many homes Mr. Boston was planning, and Mr. Boston said the goal would be to fit as many as possible, and the road might be an issue, but if he has the opportunity, it might be three. Mr. Brim said that with the school on the east property line, there would need to be some screening. Mr. Boston said there would be minimum six foot privacy fence. He said at the existing home, a fence surrounds the whole yard for that reason, otherwise you have students walking through. Mr. Harvey asked if he would remove the existing home, and Mr. Boston said it would stay. 3. Public Hearing Azam Shaikh, 800 Shady Bend Drive, addressed the Commission. He said there was a retaining wall along his back yard, and if he's not mistaken, the city has a plan to expand the road before he puts in the property. He said his neighbor has a retaining wall with a big hole with water going through it. He said his biggest concern is having an R-3 district next to an R-1 district. He asked if we are talking about condominiums or duplexes? He added the drainage and road expansion are other concerns. Mr. Harvey said this was similar to the first two cases in that this is not a stage where they can address drainage, and they can only document his concerns. He said the road would have to be a proper road with the right width, and that's what the applicant indicated, he would have to work that out with staff, as the existing road would not be adequate. Mr. Harvey said in response to the comment about R-1 next to R-3, they look for transitions of density. He said right now, the R-1 district is backed up to a school, which is a high intensity use, and you would want an R-3 use, which would buffer the R-1 area from the practice facility at the high school. He said they look at it as having a nice transition in density to a high intensity use. Mike Muzyka, 1129 Border Lane, spoke against the rezoning. He was concerned with the comment about the R-1 and R-3 districts. He said R-3 opens the door for other things, and R-1 is what is consistent for what is being built in that area, half acre lots or above, and that all the existing older homes are over half acres. He says the houses will not be able to face the street, as there is a 50-foot public easement. 4. Applicant response Mr. Boston said he understood the concerns and that he believes he's going to be improving the area. He said he'll have to explore the road width and setbacks. He added that he hopes the Commission will approve the rezoning. Mr. Harvey asked what if it were rezoned to R-2? Mr. Boston said he hadn't thought about that. 5. Staff response and summary Ms. Roberts said R-3 districts only allow for single family residential, not condominiums. She also said the Commission has the authority to recommend approval of a less intense residential zoning district. Mr. Pirtle asked if the Commission had the option to table the case to get more information. Ms. Roberts said if it's not a plat, the Commission does have that option. Mr. Harvey said he would like more information about the road. Ms. Roberts said she had found a plat that showed a 12-foot public right-of- way, but not the 50 feet Mr. Muzyka had mentioned. Mr. Brim asked in terms of the entitlement process, if Mr. Boston owned the property outright, and Mr. Boston said he did. Mr. Brim said sometimes when you buy property, it's contingent on getting zoning, but in this case it doesn't apply because Mr. Boston already owns it. Mr. Pirtle added that it would impact Mr. Boston's property if the road is wider than expected, that it changes what can be done on the property. 6. Action by the Planning and Zoning Commission Mr. Harvey said the Commission would like to consider a little further with additional information. He said they're encouraged about the development but would like more information. Mr. Pirtle made a motion continue this case in one month at the next meeting. Ms. Williamson seconded the motion, and the motion passed with all in favor. X. REPORTS/ANNOUNCEMENTS Ms. Roberts told the Commission about Keep Kennedale Beautiful's upcoming annual clean-up event on October 22 from 9 to 11 AM in TownCenter. The library will host Trunk or Treat& Pumpkin-Palooza also on October 22 at 5 PM in TownCenter. She said the police department will be holding the prescription drug take-back event that day, as well, and the Kennedale Historical Society will be having a member event that evening. XI. ADJOURNMENT Mr. Pirtle motion to adjourn, seconded by Ms. Williamson and Mr. Brim at the same time. The motion passed with all in favor, and the meeting adjourned at 8:17 P.M. )c KENNEDALE Planning and Zoning Commission www.cityofkennedale.com STAFF REPORT TO THE PLANNING & ZONING COMMISSION Date: October 20, 2016 Agenda Item No: REGULAR ITEMS (A) 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-K 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 UPDATED STAFF REPORT (CASE CONTINUED FROM SEPTEMBER) When the Commission considered this case last month, the Commission heard from a neighboring property owner about the possibility of a 50-foot easement that could affect development on the property and might have bearing on whether the R-3 zoning designation was practical. Staff has searched our records for information about this easement, and the only 50-foot easement we could find a record of is a sanitary control easement surrounding the city's water well on the adjacent property (see attached document). This easement does not appear to extend onto the property requested for rezoning; this will need to be verified by the property owner's surveyor, however, prior to platting. Although the presence of easements could restrict lot placement or infrastructure placement, and could in turn affect how many lots could be created, it should not affect zoning, since no lot lines are drawn during rezoning and site design is not done at this stage. Zoning establishes the minimum lot size permitted but does not prohibit lots from exceeding the minimum, if needed, in order to avoid easements or other site restrictions. Another concern raised during the public hearing last month was allowing an R-3 zoning district next to the Shady Creek East neighborhood, which is an R-1 zoning district. Kennedale has an example already of how R-3 and R-1 neighborhoods can be compatible. Falcon Wood Estates has an R-3 neighborhood next to it, the Beacon Hill neighborhood. Falcon Wood's property values and neighborhood character have not been negatively affected by the R-3 neighborhood. In addition, Shady Creek East already has lot sizes similar to R-3 zoning in the Arlington neighborhood bordering Shady Creek East to the north, and Shady Creek East remains a highly valued neighborhood. Staff's recommendation is still to approve the rezoning. The staff report from last month is shown below for your reference. 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 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. (6 N O N (6 (0 (6 O N — m 41 U, U J J � OI C O L N Z C j N C C N a� s c +� ao c 3 too c ° N 'a� 3 W 0 Lon m Y U O m m a 2 'Ln C7 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 t co . ,. Yf7 CN - fo a, Go eJ I r _ i c 2i 3 ."E 'Okl rn YEY 7 06 OD o w r r= mY it µ r 5 u 5 i m o a � S-Z s s s a ez o ,f Q J � � ate-+ y y Co LL rIA VIM IOOHOS P-111,11 � ; i i --, THE STATE OF TEXAS 'fL�J COUNTY OF TARRANT e KNOW ALL MEN BY THESE PRESENTS= That Jerry J.Floyd and Penny L.Floyd are the owners of Lot 3,Block 1,Floyd Addition in the W.E. Haltom Survey,Abstract 731 in Tarrant County,Texas,as shown on the plat,recorded in Cabinet A,Slide 4844 ofthe Deed Records of Tarrant County,Texas,do hereby declare such property bound by the hereinafter set out restrictions and covenants and agree that said purchasers and subsequent owners of said lots or parts thereof shall comply with same.These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for two years from the date that these covenants are recorded,after which time said covenants shall be automatically extended until the use of this water well as a source of water for a public water system ceases. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. Invalidation of any one of these covenants by judgement or court order shall not in any way affect any of the other provisions which shall remain in full force and effect. Such restrictions are as follows,to wit: 1. Sanitation control upon all of that area of land included within a 150 foot radius of a proposed deep water well as shown on Exhibit "A" of this easement and specifically prohibiting the construction and/or operation of underground petrochemical storage tanks, stock pens,feed lots,dump grounds,privies,cesspools,septic tank drainfxelds,drilling of improperly constructed water wells of any depth and all other construction or operation that could create an insanitary condition within,upon or across the above described tract of land; 2. Tile or concrete sanitary sewers, sewer appurtenances,septic tanks and storm sewers are specifically prohibited within a 50 foot radius of the deep water well described and located above. 3. This sanitation control permits the construction of homes or buildings upon same,provided, however,that all underground petrochemical storage tanks,stock pens,feed lots,privies,tile or concrete sanitation sewers,cesspools,septic tanks,storm sewers,septic tank draintields, drilling of improperly constructed wells of any depth and other construction and/or operations that could create an insanitary condition within, upon or across same are specifically prohibited within the designated distances. 4. Normal farming and ranching operations are permitted except that livestock shall not be allowed within 50 feet of the proposed well. 5. IN WITNESS WHEREOF the said owners have executed this instrument this day of 19!79 . la Fenny Ric y Floyd 7 d THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared R..Oyt, + pc uy Z 6 M pt&b,known to me to be the person(s)whose name(s)are subscribed to the foregoing instrument and acknowledged to me that the(he/she)executed the same z; for the purpose and consideration therein expressed. = GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the day of 19-. ° KA'f KFUNE A.TURNER � �} i My COWMON ems 3 ' April za,2oae Notary Public in and for County,Texas Recorded at Courthouse, Texas on AFTER RECORDING MIURN TO: CITY SECEMARY`S OFFZcE CITY OF EENNEDALE P.O. BOX 268 KRUEDALE, `PEYAS 76060-4268 EXHIBIT SANITARY CONTROL EASEMENT PUBLIC WATER WELL CITY OF KENNEDALE,TRINITY WELL No.. 4 BORDER STREET SITE MARCH 30,1999 PROJECT No.015-503 BORDER LANE (50' R.O.W.) 6915914011w IRON TROD ©•�.J /Z" P.Ox ROD ! oQ Q� f cn I/ I S 8915210511w 1 L, IRO ROD iT,t7 IR N ROD I of Q NEU 19t FUTURE x I I o= 500,000 GAL. I TANK ! ! f z FOUR D.3 ES Q DON S:�AL-lNIE F Q ! p (�13N•3GING P.3RTATERI S r I YOL u WE J.Ts60,0G O(1! (DR.T.C.TI TR S CT 131. I ABSTRACT 11 ZONED j PROPOSED p 500,000 GAL. TANK x I PROPOSED 350 G.P.M. DEEP WATER WELL 30, ! i gENNED.3LE HIGH ,5'C11OOL t I x I LOT 1,BLOCg 1 f I I AYSID,•3DD1T1ON RECORDED IN C.3BINET 3, j SLIDc --f'50 1 T3RR.31VT COUNTY I I31.3 T RECORDS T ? PROPOSED SANITARY CONTROL EASEMENT AREA - 4,784 S.F. w I (0.11{3 AC.) FLOYD 4DD1rfo v ! LOT .i BLOCB' 1 RECORDED IN CABINET A, SLIDE 4-" CHEATHAM AND ASSOCIATES SCALE-1" - 50' TARRANT COUNTY 1601 E.LAMAR BLVD SUITE 200 PLAT RECORDS ARLINGTON,TEXAS 76011 �O 5 503�Sa3 exha3-dqn (817)548-0696 Metro (617)2$5-8838 5 D199103805 CITY OF KENNEDALE CITY SECRETARY'S OFFICE 3 P O BOX 268 } KENNEDALE TX 76060 r� ()-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D R S T R O Y U I N D E X E D -- T A R R A N T C O U N T Y T E X A S S U Z A N N E H E N D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I P T T 0: CITY OF KENNEDALE RECEIPT NO REGISTER RECD--BY PRINTED DATE TIME 199231293 DR96 A I 04/26/1999 09:29 INSTRUMENT" FEECD INDEXED TIME 1 D199103805 WD 19990426 09:29 CK 34651* T O T A L : DOCUMENT'S: 01 F E E S: 13.00 B Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL, PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. )c KENNEDALE Planning and Zoning Commission www.cityofkennedale.com STAFF REPORT TO THE PLANNING & ZONING COMMISSION Date: October 20, 2016 Agenda Item No: REGULAR ITEMS (B) I. SUBJECT CASE # PZ 16-13 Public hearing and consideration of Ordinance approval regarding a request by John K. Dancer for change in zoning from R-3 (single family residential) to C-2 (general commercial) for .688 acres at 700 Mansfield Cardinal Rd, legal description of CA Boaz subdivision of JB Renfro, block 13, lots 4-7, Kennedale, Tarrant County, Texas II. SUMMARY BACKGROUND OVERVIEW Request Rezone from R-3 to C-2 Applicant John Dancer (on behalf of property buyer) Location Address location is Mansfield Cardinal; actual lot location is Meadowview Dr, between Kennedale Pkwy and Mansfield Cardinal Rd Surrounding Uses Primarily single family residential and commercial Surrounding Zoning C-2 general commercial, R-2 & R-3 single family residential Future Land Use Plan Designation Urban Corridor and Neighborhood Staff Recommendation Approve CURRENT STATUS OF • The property is vacant and has never been developed. The maps included with this report show one single property, but the property is actually made up of seven lots platted in 1960, all of which are oriented toward Meadowview Dr. Only lots 4-7 (shown in the attached plat drawing) are requested for rezoning. The three lots closest to Mansfield Cardinal are proposed to remain as R-3 single family residential. SURROUNDING • PERTIES & NEIGHBORHOO SURROUNDING PROPERTIES AND NEIGHBORHOOD The surrounding land uses are primarily residential and commercial. Please note that although the attached map shows that the Tarrant Appraisal District classifies several of the other properties on Meadowview / Kennedale Pkwy as single family residential, these classifications are not entirely accurate. Of the two properties shown as 705 E Kennedale Pkwy (adjacent to 700 Mansfield Cardinal), one is vacant and the other is a commercial building. The property shown as 713 E Kennedale Pkwy is in commercial use, and the property shown as 709 E Kennedale Pkwy is vacant. STAFF REVIEW COMPREHENSIVE LAND USE PLAN The property is located in an area divided between Urban Corridor and Neighborhood. As mentioned above, the property at 700 Mansfield Cardinal consists of seven (7) lots under single ownership, only four (4) of which are requested for rezoning. Lots 1 through 3 are clearly within the area designated as Neighborhood; these lots are not requested for rezoning. Lots 4 through 7, however, are on the edge of the boundary between Urban Corridor and Neighborhood and could be interpreted either way. The comprehensive plan describes the Urban Corridor district as follows. This corridor typology assumes a higher intensity of activity in terms of traffic and commerce than other corridor types. Given the existing character and regional positioning of the corridor, it can be expected that it will remain auto-oriented, and development patterns will reflect that reality. RELATED GOALS FROM THE COMPREHENSIVE LAND USE PLAN The comprehensive plan goal's related to this rezoning request fall under principle # 2, Economic Prosperity. These goals are: "Promote Access to Jobs" and "Create a Stable and Equitable Tax Base" (by expanding the commercial tax base and decreasing reliance on residential property taxes). SUMMARY City staff considers the rezoning in compliance with the comprehensive land use plan. COMPLIANCE WITH CITY GOALS AND RELATED PLANS STRATEGIC PLAN The strategic plan has one related goal: "...assist existing businesses to expand." CITY COUNCIL ENDS STATEMENTS AND GOALS The goals measured through the balanced scorecard process include one relevant goal, "Balance the Tax Burden." ADDITIONAL FACTORS TO CONSIDER When considering rezoning requests, the City may also consider the appropriateness of current zoning and whether a rezoning would have an adverse impact on surrounding properties. In this case, there are residential areas located close to this property, and if the property is zoned for commercial purposes, there is a potential for an adverse impact on nearby residential uses. The comprehensive plan, however, nevertheless calls for residential and commercial uses to be located in close proximity in this area, with the understanding that the city's regulations will limit adverse impacts and ensure compatibility. The recently-adopted UDC has increased restrictions and regulations for businesses in terms of landscaping, lighting, and buffering from adjacent residential areas. With these in mind, staff considers a rezoning to commercial use appropriate at this location. 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 meets city requirements and is in compliance with the comprehensive land use plan and make a motion to approve the request for rezoning. Approval with Conditions: Based on the information presented, I find that the request meets city requirements and is in compliance with the comprehensive land use plan and make a motion to approve the request for rezoning 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 the request. PETITION FOR CHANGE OF ZONING CLASSIFICATION ZONING CASE # P I I b—13 (assigned by city staff) DATE: City Council City of ICennedale ICennedale,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. I, the applicant, request to change the zoning classification of the property described on Exhibit "A" attached, from its current zoning classification of ., .. " { C� +���+[ ►dy Ze-S e 1'AA that of C` " QCwe-,ca\ (�6nbke—(Ck6 , in its entirety as shown on Exhibit "B" attached. The property totals some#41Y acres. A statement of why the zoning change should be approved is attached to this application. 1 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. 11,, Legal Description is h* S �' jrl�tvi 540 QT �, t� Present use of the property is ^*%-- Address of the property is #7o c , 'C'J 4-L [ AS see Property Owner's Name: .s e. �•� � }G ievesC-. S4 li�' ' � Me c� 4 t Address: 1A00je. ;!. ejj( C &-r, ` C—Ke uoe-A•-i,� VF r4.ueA4.(,e 1 (1 G wvtk � Ix ?bola v Telephone Number: -)- S1.1 —;`fig .5I-7` q13-Lgz-4, Applicant's Name: b Address: !] 'aeR r- r� . r-1�1\ , t�rj '7(a6 3 Telephone Number: l - iqq a.- s.3 8 If applicant is not the owner, an owner's affidavit must be submitted with this application. I, 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. 1 further certify that l~Tc\7e.1tmAW24) c�0? T r`-x` 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. Applicant Signature Date ............................................................................................................................................................................................................................................................................................................................... Items to be submitted with this application: iV, Owner affidavit (if applicant is not the property owner) V Application fee Statement of why the zone change should be approved M"'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. .................................................................................................................................................................................................................................................................................................................................................... Opq&" ADVANTAGE Meetiiig All Your teal Estate Needs FilENTERPRISES Froi-ri Start to F- ii,isl, City of Kennedale Zoning Change Request 700 Mansfield Cardinal/Meadowview Block 13, Lots 4-7 Boaz, CA Subdivision of JB Renfro The above zoning request is from R-3 SFR to C-2 General commercial. The total property under contract consists of lots 1-7 block 13 Boaz. Lots 4-7 abut the existing property and C-2 zoning of PU Tech Industries existing distribution facilities which was zoned to C-2 within the last 3 years. The request and subsequent re-plating to combine the existing property to lots 4-7 to allow for the expansion of PU Techs Existing Warehouse to accommodate the growth of the business since building the existing facility in Kennedale. The expansion will be designed to tie in and match the existing facility to the South. The rezoned portion is approximately 30,000 sf or .688 of an acre. The remainder 3 lots to East will be left R-3 Residential to stay with the City future-master plan to keep Residential along Mansfield Cardinal. Also to accommodate the owner of PU Techs plans to build His and family homes on those lots to live close to his business. The property is currently owned by Arvel Dunaway etux Teresa, and is under contract to 721 Kennedale Realty LLC, the owners of PU Tech, Distribution. Re-platting will commence upon zoning approval if so agreed. Utilities are to the existing and proposed sites. We feel that the proposal works well with the overall plan discussed with staff, and accommodates the expansion of growing business in Kennedale. Sincerely, J hn K. Dancer Broker, Authorized Representative for Owner Arvel Dunaway. KENK NNEDALE Yau 30 Home CITY OF KENNEDALE PLANNING & ZONING COMMISSION OWNER AFFIDAVIT Case#PZ Property Address: -7 0C) s;�CA& a .A, '-j'_ TX -7 606 O Legal Description: - 13W(,- 13 L_a's q--71 � tlsiSim-^' Q'C rya Applicant: '_j 'i:>&"-'4.2 r- Type of P&Z request: 0 Rezoning ❑ Conditional Use Permit U Final Plat 1 71 Replat I, �(weA b, m o'' _ current owner of above mentioned property, authorize the applicant or his authorized representative to make application for the Kennedale Planning & Zoning Commission to consider granting the above reference request on my behalf and to appear before the Commission. Owner Signature: Date: SWORN TO and Subscribed before me by III DlA'nayL GLt� _ ON THIS DAY OF h' IZ , 20 b KASSY M17NTAE STEELE-LANE u 1hRY•PUB l. Nolnry Public.Skate of Texas Comm.Expires 01-12.2020 Nvlary iQ 330493063 y w Notary Public,Tarrant County,Texas 405 Municipal Drive www.cilyofkennedale.com PH 817.985.2130 Kennedale,TX 76060 FX 817.483.0720 9109L xf 'No39NI4YV `ASNnO') SNVYJVS lArraa AVM LAINSIN 9I0 ONI '891V1'JO'54V n sswvrv•rlvnox� XS C3�iVd3NN 371 .yel6 Ari 61.0 suspi€p,uro L6Z qnQ - AVM'I�iVd 11VOINNII SSVI 91L °•y o-s .1 :trfs y3SNl7 NO I wg I X151 O 11VOINNIN }.�fqf ^'IYRP15')SAO WY2G BZ h a Z J Z Aml ag � 1 T � I III o f I _ � = I _ b avl,aiy.�are � I I I I I r•�e I � CMOl3 ,053 8unl >LUIV I ,I c IA 7 o I z II Q° I I 1 _ I P I I PZ 16-13: site of rezoning request 426 1201 1209. 1217 ,�1.22$E -1233 J 1241 L 1249 1255 1 1265 1273 281 1289 1297 i" 438 f,l. FOREST GREEN 44 ` 601 00 4 _ 1224,. 4,23 1240 1248 1256 1272 1280 1288 1296 { c 452 503 608 I �, 609 608 ` _ -, _-.. +n _ 509 616 12 - 116 500 617 616 • r a V - r, 502 511 - "- 624. 53 504 625 700 —.,,-�;CLEARBROOK 500 .P, 701 1208 1216 1224 1232 1240 1248 1256 1264 f 508 512 70 A 715 F AFT 1317 1325 1333 1341 1 1355 520 716 I 1363 503 + 505 , 1 725 1309 ct- 724 ���W 1301 A�0\1 V 0 509 M E 1332 1340 1348 1356 1364 732 1308 517 .� 7 604 40 608 1300 1433 1441 1447 1455 1463 619 U 800 1401 808 612 1432 901 900 C` `; '► 816 520`,*a 1400 909 908 824 916 p 917 916 E j 708 +�I 924 925 924 "608 Z 712 930 932 .9 618 ¢ 705 721 940 624 _ 949 7 . 948 09 698 ", ! - 213 713 nH. + :• �tg�4 S' .. / 632 73 812 r 700 804 317 30 8 Symbols Y 734 824 PZ 16-13 site 804 Kennedale city limits a-Al sot , i 1001 808 N E D /r ` 0 200 400 Feet N a f ► 'jam" IE+�■L , 1001 YOU`RE HERE YO R HOME Parcel boundary data from the Tarrant Appraisal District Road data from North Central Texas Council of Governments 15 212 208 199 1513 Y 133b1S iEM3ddVH0 �pz L 1509 N N N N N N O N c y� o v 0 N M N y/ �bI < 924 �y �O N a0 R O N N F M 1505 Q N N N N N N N N ON N Q x 3nIMd nd3 H0 z m szz � � z _ Z31 N W [n N N 1 N N O) 1� O SOS u N 0 U) N N �1T N N N N N N �g.L6 ~ 0 Q i L W!r•, , F m Q of m Q all HOS 3-1111-1 M �� of °m oo °w °w w C, C, 9 3si�]Nns 1363 1364 1463 O w O O N U1 W m O) m u 4-j LU 1355 > 1356 1455 �£s �k� z8 4-j 1347 1348 1447 V) w Q 10 3NONVO0 j pi's C''1 9 1341 > 1340 1441 Z 3: O 1432 1333 0 1332 1433 1400 6 G r� w 1325 °'° ° O 3� ^30 N ^309 610, 0" o 6' 1\ 0, LO 10 ° 0� d A ao0M C6 O° O 6 CO 6 rl rl \ a \ F. 04 0 0° 122 q N O� R 120 w 208 3� M LL [ I p 1 118 M PZ 16-13: land uses surrounding site of rezoning request 426 449 516 1201 1209 1217 1225 1233 1241 1249 1255 1265 1273 1281 1289 1297 JJ 438 451 440 501 600 601 FOREST GREEN 444 600 1224 1232 1240 1248 1256 1272 1280 1288 1296 608 452 500 503 609 608 616 509 1201 1209 1217 1225 1233 1241 1249 1255 1265 116 617 616 502 511 624 53 504 625 700 C L EARB ROO K 500 701 1208 1216 1224 1232 1240 1248 1256 1264 512 708 508 633 715 1317 1325 1333 1341 1347 1355 1363 505 520 716 �� 725 1309 503 G ,"n' 724 0 1301 EADO V`O 509 732 M 1308 604 608 1332 1340 1348 1356]1364 517 . 740 1300 1433 1441 1447 1455 619 800 1401 808 605 612 901 900 816 1432 520 1400 909 908 617 700 824 '704 916 917 916 623 708 924 925 924 608 <705 712 930 932 Symbols 705 721 940 PZ 16-13 site 949 < 1 709 948 Kennedale parcels �'L,1 713 Use Codes (from TAD) �� 731 812 700 804 A y,A By 714 C1 801 820 822 F1 730 813 F2 734 824 J3 804 Q 901 1001 oily 808 0 200 400 Feet N 812 ► ST.1887 1001 YOU-RE HERE *YOUR HOME Parcel boundary data from theTarrant Appraisal District 916 Road data from North Central Texas Council of Governments 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 r� t � 4-j �. IF ct r--4 ct w N . d _ pLATIUCORI];cL U ,988,28 FLAT 3HOWPPJG 5t)89V1510N OF $LK5.12�f3 i 80AZz 5 5U50lV151ON T. 5 REWPO 5URVEY xru+CoALt,'rsxws � �..�___s n___....�I.u_ .._ .. .. _._s� _aa^.� pp _ p _rs• __ __sa___ __a -- --W.7—�° i 1a 9 S 7 Gs 3. an• aa' ie' _ ae' as• ss• +n as `T n. snr• co I4 fv LANE: �� � iro.a• � .. ae• - a sa• a. aa• �q L• � � a n a pg 7! 10 'a 7 6 5 4 2 1 q - rea AFwROVC.�Q.Lr,S.�9�P CLAUD W. E5TE5 ENGINEERING CO. �. 9rrw�yad undo r+y �.^t+er•.a Mi,l7sWyrl:.9 � �A;a�r•� . " p y% •'.TdN.�wuf L'..1f.y:...v.k Mn Yd99 29 ORDINANCE NO . AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED; REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF KENNEDALE FROM "R-3" SINGLE FAMILY RESIDENTIAL DISTRICT TO "C-2" GENERAL COMMERCIAL 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, John Dancer, representing PU Tech Industries, has filed an application to rezone the property from its present classification of"R-3" Single Family Residential District to a "C-2" General Commercial District; said property being an approximately .93 acre tract in the J B Renfro Survey, more particularly described as Lots 4-7, Block 13, C A Boaz's Subdivision out of the J B Renfro Survey, Kennedale, Tarrant County, Texas; and WHEREAS, the City Council has determined that the rezoning conforms to the city's comprehensive land use plan; and WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the City of Kennedale on the 20th day of October 2016 and by the City Council of the City of Kennedale on the 21s' day of November 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. 1 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1: The Comprehensive Zoning Ordinance is hereby amended so that the zoning classification and the uses in the hereinafter described area shall be changed and or restricted as shown and described below: An approximately .93 acre tract more particularly described as Lots 4-7, Block 13, C A Boaz's Subdivision out of the J B Renfro Survey, Kennedale, Tarrant County, Texas ("the Property"), being a portion of the property described as Tract II in Tarrant County Clerk's Office instrument number D206178932, shown as Exhibit "A" attached hereto and incorporated herein, from "R-3" Single Family Residential District to "C-2" General Commercial 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 4. The City Secretary is hereby directed to amend the official zoning map to reflect the changes in classifications approved herein. SECTION 5. The use of the properties hereinabove described shall be subject to all the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the City of Kennedale, Texas. SECTION 6. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Kennedale, Texas (1991), as amended, including but not limited to all 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. 2 SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights or remedies of the City of Kennedale Texas are expressly saved as to any and all violations of any ordinances governing zoning or of any amendments thereto that have accrued at the time of the effective date of this Ordinance and as to such accrued violations and all pending litigation both civil and criminal same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. SECTION 9. It is hereby declared to be the intention of the City Council that the phrases clauses sentences paragraphs and sections of this ordinance are severable and if any phrase clause sentence paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction such unconstitutionality shall not affect any of the remaining phrases clauses sentences paragraphs and sections of this ordinance since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase clause sentence paragraph or section. SECTION 10. The City Secretary of the City of Kennedale is hereby directed to publish the caption, Section 1, the penalty clause, the publication clause, and the effective date clause of this ordinance in every issue of the official newspaper of the City of Kennedale for two days or one issue of the newspaper if the official newspaper is a weekly newspaper as authorized by Section 3.10 of the City of Kennedale Charter. SECTION 11. This ordinance shall be in full force and effect from and after its passage and publication as required by law and it is so ordained. PASSED AND APPROVED ON THIS 2 1 s ' DAY OF NOVEMBER 2016. APPROVED: Mayor, Brian Johnson 3 ATTEST: City Secretary, Leslie Galloway EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney, Wayne K. Olson 4 EXHIBIT "A" 5 &tfVb*ally Recorded Tarrant County Texas Official Public Records 2006 Jun 14 10:11 AM D206178932 Fee: $ 52.00 Sabmitter: ACS INC CLOSER'S CERTIFICATION Suzanne Henderson CORRECTION RE-FILING ACKNOWLEDGMENT O CO O BY ION OF THE UNDERSIGNED HERMY ACKNO S A T THE ATTACHED DOCUMENT IS BEING REFILED IN C IT NOT IN LIEU OF THAT CERTAIN FILED FOR RECORD IN THE OFFICE OF THE COUNTY F COUNTY,TEXAS O ZT Z IN VOLUME/CAB T PAGE ,OR UNDER-CLERK'S FILE NO. PR ERTY RECORDS, DENTON COUN'T'Y, TEXAS, IS G OR THE SOLE PURPOSE OF: PJC)dc ALL OTHER TERMS,PROVISIONS F DOCUMENT REMAIN UNCHANGE 0 N O ES E LO W CO. COMMO N ACKNOWLEDG THE STATE OF TEXAS COUNTY OF ha l� THIS STRUMENT WAS ACKNOWLEDGE BETO O DAY OF QWk 20029 BY njjj FOR THE PURPOSES AND IN THE CAPACITY HE STA ► •;; KELLY JAMES , S TE OF rf °'= Notary Public ri iy; State of Texas My Comm.Exp. 10-13-07 AFFYDAVIT IED COPY OF O BECAUSE THE ORIGINAL THE STATE OF rr COUNTY OF Ill C> THIS INS A OWLE D G ED BEFORE ME ON THIS TR DAY O 20 NO P T TE OF TEXAS KELLY JAMES Notary Public t ''i State of Texas �. -mow' My Coma+_Exp. 10 13 a7 G. F.No.2226000665 Exhibit A A E G=cd lock 12, of Boaz's Subdivision, an Addition to the City of Kennedale, TARRANT County, Te as, i or plat thereof recorded in Volume 388-144, Page 90, of the Plat Records of TA RANT C Tex s d being a portion of that tract of land described in deed to Ed E. Harden as recor me 69 2043, Deed Records, TARRANT County, Texas; BEGINN G a f nd 31 I on rod (a controlling monument) at the North corner of Lot 1 R on the Southwest ine Old -C dinal Road (variable width right-of-way), said iron rod being the East corner of a tr ct o nd scrl d in deed to Jack J. Robinson as recorded in Volume 9449, Page 2384, of said Deed ord , THENCE South 4 eg es in es 22 seconds East, a distance of 173.99 feet to a set 112 inc iron rod at the East corner f s d L 1 andie Southwest line of said Old Mansfield-Cardinal Road and being on the Northwes lin Al L 5 oot undeveloped right-of-way)from which a found 518 inch iron rod bears South 81 ree 3 inu 44 seconds East, 1.05 feet; THENCE South 48 degrees 0 ' utes 0 se onds West, a distance of 175:76 feet along the Northeast line of said Alma Lane to a s 1 inc o ro at the South corner of said Lot 1 R and being the East corner of Lot 4, of aforesaid Bloc 120 z s S div on Vol. 388-23, Pg. 29); THENCE North 41 degrees 34 min es on est, a distance of 174.76 feet along the common line of said Lot 1R and Lot 4 to a se / nch ' n rod at the est corner of said Lot 1 R and the North corner of said Lot 4 and being on the So the line of afore Id obinson tract; THENCE North 48 degrees 15 minutes 00 seconds st, a ' nc of 175.00 feet along the common line of said Robinson tract and said Lot 1 R to the P T O EG NI G and containing 30,660 square feet or 0.704 of one acre of land, more or less. TRACT 11: BEING Lots 1-7, Block 13, of Boaz's Subdivision, an Addi on the i of Kennedale, TARRANT County, Texas, according to the map or plat thereof recorded in olu 88- 3, Page 29, of the Plat Records of TARRANT County, Texas, and being a portion of that tra f la cribe in deed to Ed A. Harden as recorded in Volume 6992, Page 2043, Deed Records, TAR T n Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8 inch iron rod (a controlling monument n th S we line of Old Mansfield- Cardinal Road (variable width right-of-way), said iron rod being the Ea cor of t 1, Block 13, and being the North corner of Lot 14-R-1, Boaz's Subdivision, an addition to the Ity a dale, TARRANT County, Texas, according to the plat thereof recorded in Cabinet nger Plat Records, TARRANT County, Texas, same being that tract of land described in deed o B ilder Inc., a Texas corporation, as recorded in Doc. No. D204198661, of said Deed Records; THENCE South 48 degrees 00 minutes 00 seconds West, passing the West or of , Lo 14-R-1 and the North corner of a tract of land described in deed as Lot 14-R-4 to Maxine . T on re rded in Volume 14714, Page 274, of said Deed Records, and continuing a total distance of 7 fe o and 112 inch iron rod (a controlling monument) at the South corner of Lot 7, of said Block 2o orthw t line of said Lot 14-R-4 and being the East corner of a tract of land described as Lot 8, oc 13 toa e Davidson as recorded in Volume 12117, Page 1965, of said Deed Records; THENCE North 41 degrees 34 minutes 06 seconds West, a distance of 175.00 feet along on Exhibit A Legal Description(Short) Page 1 of 2 Rev. 7/ I' of aid Davidson tract and said Lot 7 to a set 112 inch iron rod at the North corner of said Lot 8 and bei on a Southeast line of Alma Lane (50 foot undeveloped right-of-way), and being the West corner s ' Lo 7; TH o 48 degrees 00 minutes 00 seconds East, along the Southeast line of said Alma Lane a st ce 7. 3 feet to a set 112 inch iron rod at the North corner of aforesaid Lot 1 on the Southwest lin of for aid OI field-Cardinal Road from which a found iron pipe bears North 54 degrees 53 mi to se s ast, . 1 feet; THENCE th s 31 inutes 22 seconds East, a distance of 175.01 feet along the Southwest line of say OI an eld-C i Road to the POINT OF BEGINNING and containing 71,340 square feet or 1.637 a s of nd, or or es TRACT III: BEING Lots 4-7, 1 of Bo 's Subdivision, and Addition to the City of Kennedale, TARRANT County, Texas, accord' g t he ma or p t thereof recorded in Volume 388-23, Page 29, of the Plat Records of TARRANT ou ty T bei g a portion of that certain tract of land described in deed to Ed E. Harden as recor ed in olu 6 Page 2043, Deed Records, TARRANT County, Texas, and being more particularly de s fol s: BEGINNING at a found 112 in nt Iling monument) at the West corner of said Lot 7 and the North corner of a tract of land d cri I ee as A to Gloria Price as recorded in Volume 15755, Page 542, Deed Records, TAR Nun e s, a being on the Southeast line of a tract of land described in deed to Amber Bigham re d in V me 17315, Page 317, of said Deed Records; THENCE North 48 degrees 00 minutes 0 s nds East, a nce of 175.69 feet to a set 112 inch iron rod at the East corner of said Bigham tra nd being the uth c ner of a tract of land described in deed to Bettie L. Smith and Bettie Jo Smith as recorded in um e 952, Page 416, of said Deed Records and being on the Northwest line of Lot 4, of said Block ; THENCE North 48 degrees 15 minutes 00 secon s E dista a of 56.31 feet to a set 112 inch iron rod at the North corner of said Lot 4 and the West corn r of Lot 's Subdivision, an addition to the City of Kennedale, TARRANT County, TExas, according t p thereo corded in Volume 388-144, Page 90, Plat Records, TARRANT County, Texas, and being o th ou e t line of a tract of land described in deed to Jack J. Robinson as recorded in Volume 9449, ag 2 4, said Deed Records; THENCE South 41 degrees 34 minutes 06 seconds East, a t Northea line of said Lot 4 and the Southwest line of said Lot 1 R, a distance of 174.76 feet to a set 112 ' ch i on od at the South comer of said Lot 1 R and the East corner of said Lot 4 and being on t N rt we n of Alma Lane (50 foot undeveloped right-of-way); THENCE South 48 degrees 00 minutes 00 seconds West, a distance o 32Af f al ng the Northwest line of said Alma Lane to a set 112 inch iron rod at the South corner f of aid being the East corner of a tract of land described in deed as Lot 8B to Robert Edward B r an i d Lewis Baker as recorded in Volume 6523, Page 553, of said Deed Records, from which f n 12 inch it rod bears North 00 degrees 49 minutes 30 seconds West, 0.75 feet; THENCE North 41 degrees 34 minutes 06 seconds West, a distance of 175.0 eet t PO T OF BEGINNING and containing 40,594 square feet or 0.932 of one acre of land, more s Exhibit"A"Legal Description Page 2 of 2 Rev. /2005 16:09 972-245-2917 COMMOMEALTH LAND TL PAGE Q2/06 ' Electronicaify Recorded Tarrant County Texas �#i lic Records 2005 Jul 27 01,54 PM 226000665 Fee: $ 22.00 D205217808 �.� Submitter: ACS INC arzt:1tAju vv,f+RRANTY DEED Suzanne HMMVENDOWS LIEN " CEO CONFIDENTIALITY RIGHTS:IF YOU ARE A NAURAL PERSON,YOU 1 Y O 'E OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM T S BEFORE IT IS FILED FOR RECORD IN THE PUBLIC : O AL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMB THE STATE j COUNTY O T ) The Undersigned, PL S I ALTH MANAGE-N E"NT, A TRUST COP 4PANY, AS TRUSTJEE OF EN TRUST, CREATED UNDER THE WILL C-F ED E. HARDIN (.herein called " an in consideration of the sum of Ten ane-No/l 00 Dollars ($10.00)and other go al"ua id tion paid by ARVEL D. DUNAWA,Y, JR AND TERESA DUNAWAY ( t ca u "Grantee"), the receipt of which E hereby acknowledged and confessed, and th her cons' radon of the execution and delivery by Grantee of Grantee's one certain promissory n (her - c ed a "Note-), described as follo,nl: being in the principal sum of One H the oufand One Hundred Thin y Seven and No/100 Dollars($109.13 7,00 , t erewith,payable to do order of First American Home Lenders, terms said Note. 0 the payment of the Note being secured by the s L' ein retained, au id being N additionally secured by a deed of trust of even date herewith o t to Dermis �chwartz, Trustee, has GRANTED. SOLD and CONVEYED, and by es ese o GRANT, SELL and CONVEY unto Grantee whose mailing address is 612 Mans dI , Kcnnedale; Texas 76060, all of the reW properW located in Tarrant County, as follows (herein called the "Property"): SEE ATTACHED EXHIBIT 'A' t�aaahT fRUEANCCOT?R_7 L w ORIGINAL RECORD TARRANI 00J,'j­y, T XA;: 5UZANNE HE"iC1=�S f", Special Warranty Deed with Veador'q Lien—Page i ,1 07/'1 2005 16:09 972-245-2917 COMMONWEALTH LAND TL PAGE 03/06 2226000665 sub' however,to the exceptions to title shox%m on Exhibit "B" attached hereto (the "Permitted epti ns"), to HAVE AND TO HOLD the Property, together with all and si.noar the rights purten races thereto in anywise belonging unto the said Grantee and Graate:s heirs. sqj�ppre d assigns forever. and Grantor does hereby Lind Grantor and irantor's su assi t WARRANT AND FOREVER DEFEND, subject to the Permitted Except ns sing title to the Property unto Grantee and Grantee's heirs, personal representa ' s as nst every person whomsoever lawfully claiming or to -.laim the I same or any p er OUGH OR UNDER GRANTOR, BUT NOT OTHERWISE, subject however, to e P i ed nc antes. It is expressly agr d !h"e or's Lien, as well as the superior title in aid to the above described Property, is t th operty and improvements thereon until the Note and all interest thereon is ly d co to the face, tenor and effect them of, when this Deed shall become absolute. DATED to be effective this day of rlL 05. CAP AL WEALTH MANAGEMENT,A TR A BY. STATE OF TEXAS } COUNTY OF ,G 6,VBL.& ) This instrument was acknowledged before me on -the �-- o 2005,by Pat Fletcher, in her capacity as Vice President of P1 ins p' a ealth Management, a Trust Company. LeNc�ryPWl�Stsln otuy Public, Staff of T a �r F•-,�.�... � `y�,(� fir, ! �c 1>a +tiT TRUE AND CORRECT CCP F DRIGINRL RECORD FIL IN Special Warranty Deed with Vendor's Lien-Page 2 ^� TARRANT COUNTY.TFXA Y SUZANNE HENRERSON,{NOUN CLER' 07/ /2095 16: 39 972-245-2917 COMMONIoZALTH LAND TL PAGE 05/06 G.F.No.'22600%65 Exhibit A TI: B IN R 2, 008Z'S Subdivision, an Addition to the City of Kennedale, TARRANT County, Te , acc # to th or plat thereof recorded In Volume 388-144, Page 90, of the Plat Records of TAR my T sing a portion of that tract of land described In deed to Ed E. Flarden as records ' Vol a 92. Pa 3, Deed Records, TARRANT County, Texas; BEGINNING a fou I n rod (a controlling monument) at the North corner of Lot ' R on the Southwest Ii of d she ard'inal Road (variable width right-of-way), said Iron rod beinc the East comer of a tr of 1 1 d d r'bed in deed to Jack J. Robinson as recorded in Volume 9449, Page 2384, of said Deed Re cis: THENCE South 41 de re 31 in s 2 rids East, a distance of 173.99 feet to a set 112 inc iron rod at the East comer t s t a Southwest line of said Old Me nsfield-Cardinal Road and being on the Northwest ' of I ane foot undeveloped right-of-way)from which a foun.f 518 inch iron rod bears South 81 de s m' es 44 seconds East, 1.05 feet: THENCE South 46 degrees I ds West, a distance of 175.76 feet along the Vortheast line of said Aima Lane to a se, 2 ! it r at th I to of said Lot iR and beinc the East comer of Lot 4, of aforesaid Bloc 12, 's S on I, 388-23, Pg. 29); THENCE North 41 degrees 34 rnin co aril. a distance of 174.76 feet along ft common line of said Lot 1R and Lot 4 to a set 1 Inc " on rod at the t mor of said Lot 1R and the North corner of said Lot 4 and being on the Sou t line of afo �d R i tunson tract; THENCE North 48 degrees 15 minutes 00 seconds st, a ' to ce o 175.00 feet along the common line of said Robinson tract and said Lot 1R to the P T O EG NI and containing 30,660 square feet or 0.704 of one acre of land, more or less. TRACT II: BEING Lots 47, Block 12, of Boaz's Subdivision, and dd n th City of Kennedale, TARRANT Count-y, Texas, according to the reap or plat thereof re rde of a 388-23, Page 29, cf the Plat Records of TARRANT County, Texas, and being a portion hat ct land described n deed to Ed E. Harden as recorded in Volume 6992, Page 2043, De a rds R County, T:xas, and being more particularly described as follows: BEGINNING at a found 1/2 inch iron rod(a controlling monument) the at ner said Lot 7 and the North comer of a tract of land described In deed as Lot 8A to Gloria rec Volurle 15755, Page 542, Deed Records, TARRANT County, Texas, and being on the out as ne a tr ct of land described in deed to Amber Bigham as recorded in Volume 17315, Page 17, aid u rds; THENCE North 49 degrees 00 minutes 00 seconds East, a distance of 175_ e o a t 1 " inch Iron rod at the East comer of said Bighorn tract and being the South corner of a tra I e ribs in deed to Bettie L. Smith and Bettie Jo Smith as recorded In Volume 1952, Page 416, ed Re:o and being on the Northwest line of Lot 4, of said Block 12; THENCE North 48 degrees 15 minutes 00 seconds East,a distance of 56.31 feet to a s 12 i . ro at the North corner of said Lot 4 and the West comer of Lot 1R, Boaz's Subdivision, an d'' n thely of Kennedale,TARRANT County. TExas, according to the plat thereof recorded in Volume 3 1 le 90, Plat Records, TARRANT County, Texas, and being on the Southeast Ilns of a tract of la d e bed in deed to Jack J, Robinson as recorded In Volume 9449, Page 2384, of said Deed Records; RaAtiT TRUE AND l,u scC! t,i�r Ur Exhibit Legal Descriphon(Shor) Pop 1 of 2 ° 4R#GINAL RECORD FELETI IN " TARRANT COUNTY.-FEXF.ReY.71 r1 5UZPANE HENDERSON,COUNT �J 51+ ' 07! /2065 16:09 972-245-2917 COWONWEALTH LAUD TL PAGE 05/06 T NC South 41 degrees 34 minutes 06 seconds East, along the Northeast line of said Lot and the out of said Lot 1R, a distance of 174.76 feet to a set 112 Inch iron rod at the South corner of s ' t 1R an the East comer of said Lot 4 and being on the Northwest line of Alma Lane (50 foot un ►+ a rig -at-way); N S 8 deg s 0 minutes 00 seconds West, a distance of 232.01 feet along the northwest line a Lan a t 112 inch iron rod at the South comer of aforesaid Lot 7 being the East comer of act scrib in deed as Lot 8B to Robert Edward Baker and wife Edna Le•uls Baker as recd i olu 652 553,of said Deed Records, from which a found 1/2 inch iron od bears North 00 gree 9 mi se nds West,0.75 feet; THENCE No d ees minutes 06 seconds West, a distance of 175.00 feet to the P DINT Of BEGINNING and tai ' square feet or 0.932 of one acre of land, more or less. 0 C T RL'E AND CORE'; ORIGINAL KMRD F1LEE7 TARRANT COUNTY.TF Euhibit'A'Legal DesrripUpn Pape 2 of 2 °,� � SUZANNE HENDER50N,CO Y K O J 5� 97/ /2605 16: 85 972-245-2917 IMMMOWEALTH LAND TL PAGE 94/06 2226000665 Exhibit "B" Exce lions to Wamanty of i#le oy« A vkk&Q,- Ma Nei s 1. Al l s ' ve. ve is appearing of record. 2. Visible d ent ease ents on or across She property. 3. Other liens o en br es- 0T 0 C> Grantee's Mailing Address: 612 Mansfield/Cardinal Rd. Kennedale, TX 76060 After recording return to: Commonwealth Land Title Company 1221 N. IH 35E Carrollton, TX 75006 �r�i n'Ati TRUE AND COHR-c-r v G ORIGINAL REGORD FILED IN' TARRANT COUNTY.TEXAS Speeial Warranty Deed with vendor's Lien—Page 3 �y�oJ *� SUZANNE NENO[RSGN CO CL E tvHa''Nr V � Y GERTI D OpY, ATTEST: ^i s UZAN c :NDEN,Co S arr t .n ty.Te a� BY: 00 4 M } I 4 . �r es• I .00/ ��;t rr ", ►� _ aP 1 Yry X11 ysg F'y.•� r fYy. 7 { .fie.• �� ., .. r� r tUG �t I ' n 111111MI ONO It I �,a i �4 M1 ]i -* 11 ��. �� ^R; �k.� u.� .`} 1 �}. Y7` •I� .,�.? y �� ��; .�;. .� }, ?. .k h - .. "�� a �+ 'S a� yie_�'r3 �y `'` •TM ..�-;�- _ '��' ..<.. ,. ;.. _ .:iF: .. y �` `. � _, ,- ,�_ �'R:. ',r i k .. :p,. w � C '@ ;k � � k.;* Margaret Stoval David Easley John Babb 732 Lakewood Dr Kennedale,TX 76060 740 Lakewood Dr. 824 Lakewood Dr Kennedale,TX 76060 Kennedale,TX 76060 Salvador Mariscal Larisa Beyle Johnny Shackelford 816 Lakewood Dr. 808 Lakewood Dr. 800 Lakewood Dr. Kennedale,TX 76060 Kennedale,TX 76060 Kennedale,TX 7606 Steve Radakovich Kennedale MHP LLC Jason Biles 712 Mansfield Cardinal Rd. PO BOX 384 716 E Kennedale Pkwy Kennedale,TX 76060 Kennedale,TX 76060 Kennedale,TX 76060 Boyd Builders Inc. Arvel D Dunaway Dale K Davidson Street Address 612 Mansfield Cardinal Rd. 2601 Forest Ridge Ct. Arlington,TX 76016 Kennedale,TX 76060 Arlington,TX 76016 Martin Becerra Esparza Carolyn Headrick 4C's L&G LP 713 E Kennedale Pkwy 2012 Handley Dr 1032 Kennedale Sublett Rd Kennedale,TX 76060 Fort Worth,76112 Kennedale,TX 76060