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Home My WebLink AboutCC 2002-11-11 Agendas ,. ----~-_.~--~-~---~-----'-----<._~-'--"'.. -,~-- CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA NOVEMBER 11, 2002 - 4:00 PM For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. IR 2002-148 Discussion of Proposals from Bond Study Committee (2 hours) 2. Discuss Items from Regular November 11 , 2002 City Council Meeting (5 Minutes) Recommended Location for Significant Public Art and Public 3. IR 2002-151 Art in Parks and City Facilities (15 Minutes) 4. IR 2002-149 Transportation Improvement Program (TIP); Updates and Impact on Future NRH CIP Program (5 Minutes) 5. IR 2002-150 Review Park and Recreation Board Recommendation Regarding Neighborhood Park Restroom Policy (15 Minutes) 6. *Executive Session - The Council may enter into closed Executive Session to discuss the following: Deliberation Regarding Real Property as Authorized by Government Code §551.072 Land acquisition for Fire Station Site in the North Davis Area Consultation with City Attorney as Authorized by Government Code §551.071 Davis vs. North Richland Hills 7. Adjournment . /1- y. 0 Ò' *Closed due to subject matter as provided by the Open Mee1ings Law. If any action is contemplated, it will be taken in open session. Date 1'.30 /J/l1.. , Time 11/11/02 City Council Agenda Page 1 of 4 City Secretary Ç?~ \1'_ CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA NOVEMBER 11, 2002 - 7:00 PM For the Meeting conducted at the North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 817-427-6060 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation - Elizabeth Meis and Kim Clark, Student Council Executive Board - Richland High School 3. Pledge - Elizabeth Meis and Kim Clark, Student Council Executive Board - Richland High School 4. Special Presentations 5. Oath of Office 6. Removal of Item(s) from the Consent Agenda 11/11/02 City Council Agenda Page 2 of 4 NUMBER ITEM ACTION TAKEN 7. Consent Agenda a. Approval of Minutes of October 22, 2002 Joint Work Session b. Minutes of the Pre-Council Meeting October 28,2002 c. Minutes of the City Council Meeting October 28, 2002 PS 2002-40 d. Consideration of a Request by the Hoover/Klein Group, Inc. for the Approval of the Final Plat of Lots 1-17, Block 1, Lot 1, Block 2, Lots 1-11, Block 3, Lots 1-10, Block 4 and Lot 1, Block 5, Ember Oaks Phase III Addition (Located at the Intersection of Bursey Road and Davis Boulevard) - 17.14 acres GN 2002-128 e. Cancellation and Rescheduling of December 23 City Council Meeting GN 2002-129 f. Ordinance Providing Limited Indemnification for Public Servants and Authorizing City Manager to Settle Suits & Claims - Ordinance No. 2668 8. PS 2002-33 Public Hearing to Consider a request by B. H. & L. Joint Venture for the Approval of the Final Plat of Lots 15-28, Block 5, Lots 21-26, Block 9, Lots 1-5, Block 10, Lots 1-28, Block 11, Lots 1-27, Block 12, Lots 1-18, Block 13, Lots 1-8, Block 14 and Lots 1-11, Block 15 of the Forest Glen East Addition Phase II (located in the 8000 block of Davis Boulevard); 37.29 acres 9. PZ 2002-15 Public Hearing to Consider an Appeal from Lanny Wilkinson for a Special Use Permit (SUP) request in the C-1 Commercial District for an Automobile Lubrication Center in the 6300 Block of Davis Boulevard; 0.37 acres- Ordinance No. 2669 (Denied by Planning and Zoning Commission at their October 10 Meeting) 11/11/02 City Council Agenda Page 3 of 4 NUMBER ITEM ACTION TAKEN 10. PS 2002-37 Public Hearing to Consider a Request by Lanny Wilkinson for the Approval of the Final Plat of Lot 22R, Block J of the Smithfield Addition (Located in the 6300 Block of Davis Boulevard); 0.37 acres (Denied by Planning and Zoning Commission at their October 10 Meeting) 11. PS 2002-38 Consideration of a Request by Russell Bruce for the Approval of the Final Plat of Lot 1, Block 1 Lil Wyo Addition (Located in the 6900 block of Smithfield Road); 2.024 acres 12. PZ 2002-31 Public Hearing to Consider a Request by Rebel Properties II for a Zoning Change from "1-2" Medium Industrial to "R-2" Residential (Located in the 6300 block of Browning Drive); 30.941 acres - Ordinance No. 2670 13. PZ 2002-35 Public Hearing to Consider Proposed Revisions to the Definition and Permitted Zoning Districts for Secondary Living Units - Ordinance No. 2671 14. GN 2002-130 Appointments to Planning & Zoning Commission & Capital Improvements Advisory Committee, and Park and Recreation Board (Place 5) 15. GN 2002-127 Appointment to Place 5 on the Teen Court Advisory Board 16. PU 2002-042 Approval of Architectural Contract for Fire Stations 4 & 1 - Resolution No. 2002-090 17. Action on Any Item Discussed in Executive Session listed on Pre-Council Agenda 18. a) Citizens Presentation PO ~TED b) Information and Reports J 1_ \? (,J c... t7 19. Adjournment D ~ /-30PrJt Time 11/11/02 City Council Agenda Page 4 of 4 8'~ INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2002-148 \:\ , ~ Date: T Subject: November 11, 2002 Discussion of Proposals from Bond Study Committee At the October 28th City Council meeting, it was agreed that we meet in a worksession format to discuss the recommendations of the Citizens bond Study Committee on November 11, 2002. City staff will be making presentations on each ofthe recommended projects and wll be using the book that was distributed to City Council at the last meeting. With only two hours to discuss the recommended projects, staff will keep each of the project presentations as concise as possible, while leaving time for council questions. The basic format will be for Mike Curtis to present those projects that fall under his direction, such as: all streets and drainage, miscellaneous projects consisting of signalization, intersection enhancements and the Rufe Snow Drive streetscape, and the facility expansion of the service center and service bay area. Then Fire Chief Andy J·ones will discuss the three fire department facility enhancement projects. Finally, Pam Bumey will end the project presentations with the expansion of the humane services center. To the extent practical, it would be helpful to arrive at consensus on the projects recommended as we go through each category. However, we want to be sure all questions are answered ànd all comments are received from Council. Once the project presentations are complete, Larry Koonce, Finance Director, will explain the financials that support the committee's recommendations that all $38.2 million worth of projects can be funded with no increase in the debt tax rate. As stated previously, the City's approach to how debt is structured has resulted in an aggressive debt reduction over the next 5 to 7 years. In fact, during these years over 70% of the City's debt will be reduced-paid off. This enables the City to incur additional debt with no increase in the rate. As we conclude with the presentations, staff will entertain any questions of City Council with regard to any projects or the financial plan to support these projects. If there are specific questions you have regarding any project that is recommended, please do not hesitate to contact Steve Norwood or myself. Also, if there. is anv proiectthat the committee did not recommend and that YOU would specificallv like an explanation about, please do not hesitate to contact staff prior to the meetinq on Monday, so that we can be prepared to respond to }Our questions at the meeting. Should we need additional work sessions to discuss these projects, staff will be happy to do so. There will not be any action required Monday; however, we would like general consensus on the recommended projects so that we can consider moving forward to calling the election in the near future. If there are some outstanding questions remaining, we will have those researched prior to the next City Council meeting and can discuss those in the pre..session. M>st imporiantly, City Council needs to be in agreement on the projects, along with the financial plan to support the necessary debt issuance. If you have any questions, please do not hesitate to contact the City Manager's office. Respectfully submitted, ~i~ r¡ L~ry7~nningham City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2002-151 ~ Date: --r Subject: November 11, 2002 Recommended Location for Significant Public Art and Public Art in Parks and City Facilities After a thorough review of possible locations for the City's first significant art work, the Public Art Internal Review Committee is recommending the Davis Bridge Flyover site as the preferred location. Listed below is an analysis of the three final locations that were considered: · Holiday Lane and Industrial future park site · Linda Spurlock Park · Davis Bridge Flyover site at Loop 820 and Highway 26. Site Advantages Disadvantages Holiday Located within a park site; relatively Parking, small site for a significant Lane/Industrial good visibility piece of art work, visibility, park may not be completed in 2003 Linda Located within a park site; relatively Curb parking, small site for a Spurlock good visibility; established park site significant piece of art work, visibility with landscaping Davis Bridge High visibility, opportunity to Would require cooperation with Flyover beautify the Grapevine HwylDavis TXDOT Blvd Interchange; Key entry into the City, Park and Ride Facility, Opportunity to have the most positive impact, Art would belong to the entire city as opposed to one neighborhood After review of the three locations the Public Art Internal Review Committee recommends the Davis Flyover Bridge site. This recommendation is based on the merits of the location and the positive visual impact to the City. Traffic counts are high for this area (29,316 vehicles daily) as compared to the other two locations. Additionally this site will represent the entire city as op~osed to a single neighborhood which will support our goal of unveiling the public art as a 50 h anniversary gift to our citizens. Public Art in Neighborhood Parks and New Facilities The Public Art Internal Review Committee has been working with the Parks and Recreation Department in introducing public art through the Neighborhood Park Initiative and upcoming capital projects. L ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS r [ Five new neighborhood parks will be introduced in 2003 with two others completed shortly after. The public art budget for each park site is $10,000. The committee felt it important to offer a variety of public art in the parks with input from the neighborhood associations and the school sites. The committee considered a central theme that would relate the art work in all the neighborhoods but ultimately found it 'limiting in responding to neighborhood interests and design possibilities. One of the goals of the public art program is to offer a diversity of mediums as a way of introducing the public to art in public places. Often times, art is unexpected and surprising in its location and what it represents. We therefore recommend figurative pieces and would like to introduce a traditional abstract piece composed of recognizable components. The committee is recommending the following possibilities for public art in three park sites and the upcoming new Fire Station. · Brandonwood - Bronze Marsh Heron · Amundson - Railroad/train theme- abstract with familiar railroad visuals · Foster Village_School Site - Wall with a mosaic · Fire Station - Bronze Firefighter These selections will represent a good variety of public art as an introduction to the City's public art program. Equally exciting is the ability to offer three oriainal pieces under the $10,000 budget guideline. The committee welcomes any input from Council regarding these recommendations. Staff would appreciate direction and consensus on the site location of the significant public art, and on the four types of art proposed for three park sites and the Fire Station on Hightower. Respectfully Submitted, V~~iWt;&e Assistant Director of Parks & Recreation Public Art Internal Review Committee S~~_ù--i "-2t~~~ Steve Brown Director of Library Services Public Art Internal Review Committee ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2002-149. ( ~ Date: --r Subject: November 11 , 2002 Transportation Improvement Program (TIP); Updates and Impact on Future NRH CIP Program Two projects have been added to the Council of Governments 2002-2004 Transportation Improvement Program (TIP) that are located within North Rich/and Hills. The projects are the NRH Home Town Traffic Signal (located on Mid-Cities Boulevard) and the NRH Park and Ride Lot (located at the Davis Boulevard/Bedford-Euless Road/IH 820 intersection). Both projects have been approved for federal grants but will require a 20% local match. The projects are summarized below. NRH Home Town Traffic SiQnal This project will consist of installing a new traffic signal along Mid-Cities Boulevard at the main (future) entrance into Home Town. The total estìmated cost of this signal is $150,000. A federal grantfor $120,000 has been approved if the City will pay a $30,000 local match. The local match will not be needed until late 2003 or early 2004, so if approved it will be included in next year's CIP budget. The current interlocal agreement between the City and the Home Town Developer requires the City to participate in the cost of the future traffic signal. Approving this project to be added into next year's CIP budget will reduce the City's overall cost for future traffic signal participation. NRH Park and Ride Lot This project will construct a Park and Ride Lot at the Davis Boulevard/Bedford-Euless Boulevard/IH820 area. The total estimated cost is $300,000. A federal grant for $240,000 has already been approved if the City agrees to pay $60,000 for a local match and TxDOT agrees to allow use of the right-of-way for the lot. TxDOT recently agreed to allow the Park and Ride Lot to be constructed within the TxDOT right-of- way. Participation by the City in this project will provide more opportunity to add "public art" and/or landscaping to the project. The City's local match would not be needed until late 2003 and would be added into next year's (2003/2004) CIP budget. Even though the local funding is not needed immediately, COG does need to know if the City is committed to participating in these two projects in the near future. If the City does not plan to participate, then the two projects will be removed from the TIP. Staff believes it will be able to provide the necessary funding if Council elects to participate in the projects. Respectfully submitted, '~}1/{;;L C;;t; Mike Curtis, P.E. Public Works Director ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. I R 2002-1 SO ~ Date: T Subject: November 11 , 2002 Review Park and Recreation Board Recommendation Regarding Neighborhood Park Restroom Policy At the August 26, 2002 meeting, the City Council approved the Master Development Plans for seven neighborhood parks. Two council members, in the course of discussion, requested consideration of restrooms for these facilities. Mayor Oscar Trevino directed staff to evaluate the issues related to introducing restroom buildings in neighborhood parks and take this issue back to the Park and Recreation Board to determine a position for recommendation to the City Council. Staff conducted a survey of 13 area cities regarding restrooms in neighborhood parks and compiled the results with budget and site considerations for the proposed neighborhood park sites into the attached position paper. The Park and Recreation Board discussed the survey results, at their October 7,2002 meeting, and the issues related to providing restrooms in neighborhood parks and discussed establishing a policy of only considering restrooms for community or metropolitan (city) parks and not for neighborhood parks. The Board discussed the construction costs, vandalism costs, maintenance costs and the intended function of neighborhood parks vs. the other park categories in our park system. One possible solution the Board favored for addressing special needs when groups want to have extended use of neighborhood parks for family reunions, weddings or neighborhood association events was staff facilitating arrangements for porta-potties and passing the cost through to the group making the reservation request. This approach was used by two of the cities in the survey and eliminated the capital construction, maintenance and vandalism costs. The Board voted unanimously to not include restrooms in neighborhood parks. Respectfully submitted, ~L~ Jim Browne Director of Parks & Recreation L ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS POSITION REPORT ON NEIGHBORHOOD PARK RESTROOMS This Position Report for consideration of the introduction of restroom buildings into neighborhood parks is based on: 1) the responses from a detailed survey of 13 area cities, 2) budget considerations, and 3) site considerations. SURVEY RESPONSES The following 13 area cities were surveyed: Lewisville Mesquite Irving Piano Benbrook Southlake Bedford Mansfield Carrollton Farmers Branch Haltom City Frisco Hurst Each was asked the following questions: 1. How many neighborhood parks are in your park system? 2. How many of your neighborhood parks have restroom buildings? 3. Do you have any problems with your restroom buildings? 4. Have you removed any restrooms because of problems? 5. Will any new neighborhood parks include restrooms? The survey data indicates: · 83% of the neighborhood parks do not have restroom buildings. · All cities surveyed experience significant problems with vandalism, graffiti, and criminal activity involving drugs and sex. · Southlake and Mansfield have established policies prohibiting restrooms in neighborhood parks. · Mesquite and North Richland Hills have removed restroom buildings in response to excessive criminal activity and requests from nearby residents. · None of the cities will include restroom buildings in future neighborhood parks. · Lewisville and Benbrook make arrangements for port-a-potties for 1-day special events if requested. The cost is assumed by the person or group reserving the facility. BUDGET CONSIDERATIONS Capital Costs Cost of Restroom - A basic restroom building will cost between $100,000 and $120,000 to design and construct. Between $300,000 and $350,000 is allocated for development of each of the neighborhood parks as a part of the Park and Recreation Facilities Development Capital Improvement Program. Current cost estimates for the construction of the seven neighborhood parks currently under design will not allow for the addition of restroom buildings. Including restroom buildings as a part of the construction of these neighborhood parks would consume approximately $770,000, or roughly 40% of the $1,993,000 total construction budget. While the adopted master development plans for each of the seven neighborhood parks currently under way can be amended to include restroom buildings, the Council would need to make budget amendments re-allocating funding from other projects or delaying other projects in order to fund the restroom building construction. Maintenance and Operations Costs A typical park restroom building requires approximately $5,000 annually to maintain. These costs include labor, cleaning, trash pick-up, and disinfection. Debris removal often includes syringes, spent condoms and used feminine hygiene products. Minor repairs and replacement of fixtures is included in this expenditure. Vandalism Repair Costs Examples for costs associated with repair of damage by vandals include replacements of stolen plumbing fixtures, replacement of broken light fixtures, and graffiti removal. Average annual costs range from $3,000 to $5,000 for vandalism repair. Problems with vandalism and extensive cleaning are inconsequential at restroom buildings at athletic complexes. These facilities are intensely trafficked and self policing. Additionally these buildings are locked in the evenings by the user groups after games. SITE CONSIDERATIONS Three Joint School Sites Three of the seven neighborhood parks currently underway are being developed through a joint use agreement with BISD. BISD will not allow the construction of restroom buildings on school campuses. Brandonwood Site The Brandonwood Homeowner's Associated is adamant that they too do not want a restroom building in their neighborhood. Forest Glen Funding for this project is through a TPWD grant. The approved site development plan, as a part of the grant, does not include a restroom building. Grant scoring is based on earning points for the provision of recreational amenities, not support facilities such as restrooms. STAFF RECOMMENDATION All cities surveyed have come to the conclusion, based on previous experience, that neighborhood parks should not include restroom buildings. Construction and maintenance costs dramatically impact long term capital project budgets and maintenance and operations budgets. The School District is opposed to restroom buildings near their elementary schools, and the Brandonwood Homeowners Association is opposed to having a restroom building in their neighborhood. As a result of the analysis and evaluation of the responses from the surveys, and considering long term budget impacts and additional site constraints, staff does not recommend the inclusion of restroom building in neighborhood parks. Park and Recreation Approved Minutes ITEM 6. PR 02-27 - DISCUSSION OF INTRODUCING RESTROOM BUILDING IN NEIGHBORHOOD PARKS City Council approved the Concept Development plans for seven new neighborhood parks as part of the Neighborhood Park Initiative. During the meeting, two City Council members expressed an interest in adding a restroom building into the neighborhood parks. City Council has requested that staff seek the Park and Recreation Board's view point and advice on whether restrooms are appropriate or not in neighborhood parks. Mr. Browne reviewed the Position Report on Neighborhood Park Restrooms. Staff surveyed 13 area cities. Each was asked the following questions: 1. How many neighborhood parks are in your park system? 2. How many of your neighborhood parks have restroom buildings? 3. Do you have any problems with your restroom buildings? 4. Have you removed any restrooms because of problems? 5. Will any new neighborhood parks include restrooms? All cities surveyed have come to the conclusion, based on previous experience, that neighborhood parks should not include restroom buildings. Construction and maintenance costs significantly impact long term capital project budgets and maintenance and operations budgets. The school district is opposed to restroom buildings near their elementary schools and the Brandonwood Homeowners Association is opposed to having a restroom building in their neighborhood. As a result of the analysis and evaluation of the responses from the surveys, and considering long term budget impacts and additional site constraints, staff does not recommend the inclusion of restroom buildings in neighborhood parks. Mr. Miller asked about the Linda Spurlock Park restroom building and if we track the cost of vandalism repair at that facility. Staff responded that we spend between $3,000 - $5,000 per year on vandalism repair at Linda Spurlock Park. The majority of vandalism that occurs is in park restrooms. Mr. Miller expressed concerns of adding restroom buildings in the new neighborhood parks, and the cost of vandalism maintenance alone would be cost prohibitive. MOTION: Mr. Greene, made a motion, seconded by Mr. Miller, to accept staff's recommendation and not put restrooms in neighborhood parks. Mr. Durko asked if the motion still gives the option to allow a site by site analysis so if it is determined a restroom is needed due to the park location, if the park includes a "trail head", has a significant piece of art or the park is categorized as a special purpose park, that we will have the option to request a restroom be included. Mr. Browne said there will always be the possibility to include a parking lot or restroom in special purpose parks that would have unique facilities such as a "trail head" or significant public art. Motion to approve carried 4-0. Park and Recreation Board Minutes October 7, 2002 3 CITY OF NORTH RICHLAND HILLS epartment: City Secretary Council Meeting Date: 11/11/02 Subject: Oath of Office Agenda Number: GN 2002-131 The Oath of Office will be administered to Council-elect Tim Welch. Donna Welch will be administering the oath of office. \........ . Source of Funds: Bonds (GO/Rev.) Operating Budget Other \ - g(}h2l¿¡¿~ Department Head Signature Finance Review Account Number Sufficient Funds Available Finance Director MINUTES OF THE JOINT WORK SESSION WITH THE CITY COUNCIL, PLANNING & ZONING COMMISSION, AND ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD AT THE BISD FINE ARTS COMPLEX, 9200 MID CITIES BLVD - 2ND FLOOR - OCTOBER 22,2002 - 6:00 P.M. 1. CALL TO ORDER Mayor Trevino called the joint work session to order on October 22, 2002 at 6:07 p.m. ROLL CALL Present: City Council: Oscar Trevino Frank Metts, Jr. Lyle E. Welch Scott Turnage JoAnn Johnson David Whitson Joe Tolbert Mayor Mayor Pro T em Council Member Council Member Council Member Council Member Council Member Planning & Zoning Commission: Don Bowen Chair George Tucker Commission Member William Schopper Commission Member Ted Nehring Commission Member James Laubacher Commission Member Brenda Cole Commission Member John Lewis Commission Member Economic Development Advisory Committee: Janet Golightly Committee Member Jim Makens Committee Member Dan Quinto Committee Member Linda Timmons Committee Member Terry Willey Committee Member Staff: Larry J. Cunningham Steve Norwood Greg Vick Karen Bostic Paulette Hartman City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant to City Manager . City Council Work Session Minutes October 22, 2002 Page 2 Patricia Hutson John Pitstick Ashley Stathatos City Secretary Director of Development Marketing & Research Coordinator Absent: Timothy Welch, P.E. Phil Myra Dan Quinto Paula Grohman Don Waters Randy Moresi Alan Young PZ Commission Member ED Committee Member ED Committee Member ED Committee Member ED Committee Member ED Committee Member ED Committee Member Mr. Makens present at 6: 15 p.m. 2. AGREEMENT ON MAJOR STRATEGIES Tom Stellman, TIP Development Strategies, briefly reviewed the agenda and then led the Council in a discussion on their agreement of the three proposed major strategies for economic development in the City and whether any changes were needed to the wording or description of the three strategies. Strategy #1 - Redevelopment & Reuse of Vacant and Underutilized Properties Councilman Tolbert suggested changing the wording to Redeveloping and Reusing of Vacant and Underutilized Properties so that consistent language is used for all three strategies. The consensus of the group was to change the language as suggested by Councilman Tolbert. Strategy #2 - Promoting a Positive Business Climate - no changes Strategy #3 - Developing and Promoting a Visually Attractive, Diversified and Thriving Community - no changes. 3. DISCUSSION AND AGREEMENT ON OBJECTIVES The objectives were discussed for each of the strategies and consideration given to whether any of the objectives should be removed, changed or added to and whether any of the objectives should be moved to another strategy. (Councilman Turnage left the meeting at 6:45 p.m.) City Council Work Session Minutes October 22, 2002 Page 3 STRATEGY #1 Redevelopment of North Hills Mall - no changes Targeting Reuse of Vacant Retail - no changes Redevelopment of South Grapevine Highway - no changes Redevelopment of Loop 820 Land Uses - change to: Evaluation of Highest and Best Use of Loop 820 Area Redevelopment of Existing Neighborhoods - no changes Strategy #2 Facilitating Street Reconstruction Projects - change to: Coordinating Capital Improvement Projects to Lesser Impact on Businesses Retention of Existing Businesses - no changes Supporting a Regional Approach for Business Recruitment - change to: Supporting a Diversified Business Recruitment Promoting Industrial Development - delete objective Strategy #3 Promoting High Development Standards - no changes Enhancement of Davis Blvd. - no changes Promoting the HomeTown Development - no changes Promoting the Smithfield Historical Area - no changes Support of the City Image Study - no changes Active Marketing to Improve the Image of North Richland Hills - change to: Establish an Image for North Richland Hills Promoting Commuter Rail Service - no changes 4. CITY COUNCIL CONSENSUS OF PRIMARY OBJECTIVES The City Council was asked to individually rate the top eight priorities to arrive at a consensus of the primary objectives. After rating by council the following was the consensus: Top 8 Objectives for Economic Development Strategy One: Targeting Reuse of Vacant Retail Redevelopment of South Grapevine Highway Strategy Two: Retention of Existing Businesses Supporting a Regional approach for Business Recruitment City Council Work Session Minutes October 22, 2002 Page 4 Strategy Three: Promoting High Development Standards Promoting Commuter Rail Service Enhancement of Davis Boulevard Support of the City Image Study The remaining objectives that did not make the top 8 will be listed as secondary objectives. Mr. Pitstick advised that a formal presentation with the implementation plan would be presented at the November 25 Council meeting. Mayor Trevino adjourned the work session at 8:00 p.m. APPROVED: Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 - OCTOBER 28,2002 - 5:30 P.M. Present: Oscar Trevino Frank Metts, Jr. Lyle E. Welch Scott Turnage JoAnn Johnson David Whitson Joe D. Tolbert Mayor Mayor Pro T em Councilman Councilman Councilwoman Councilman Councilman Larry J. Cunningham Steve Norwood Greg Vick Karen Bostic Patricia Hutson Alicia Richardson George Staples Paulette Hartman John Pitstick Larry Koonce Mike Curtis Jenny Mabry Andy Jones Pam Burney Patrick Hills Terry Kinzie Tom Shockley Clay Caruthers City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary City Attorney Assistant to City Manager Director of Development Finance Director Public Works Director Communications Director Fire Chief Environmental Services Director Human Resources Director Information Services Director Police Chief Budget Manager Tim Welch Council elect - Place 7 ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Trevino called the meeting to order at 5:30 p.m. DISCUSS ITEMS No questions from Council on regular agenda FROM REGULAR items. OCTOBER 28, 2002 Mayor Trevino advised that he would be CITY COUNCIL abstaining from participation on Pre-Council MEETING Agenda Item 6 because of possible conflict of interest. Mayor Pro Tern Metts will preside over -- meeting at that point in the agenda. Mayor Trevino further advised that on the regular agenda he would be moving agenda item 13 after aQenda item 15 because of oossible Pre Council Minutes November 11, 2002 Page 2 conflict of interest issues pertaining to the Rufe Snow projects. Mayor Pro Tem Metts will also preside during regular meeting when Council discusses and considers agenda item 13. NAN IR 2002-142 Mr. Norwood advised that the Citizens Capital DISCUSS WORK Improvements Study Committee would be SESSION DATES presenting their findings and recommendations TO BEGIN REVIEW to the Council during the regular meeting. Staff OF BOND is recommending that Council set a work COMMITTEE session date to discuss and review the PROPOSALS FOR recommended projects. The consensus of the CAP IT AL Council was to set a work session to review the IMPROVEMENTS Bond Committee proposals 4:00 p.m. to 6:00 p.m. on November 11, prior to the Pre-Council meeting. S.Norwood IR 2002-143 The City Secretary advised that the second - DISCUSS Council meeting in December is on December DECEMBER 23, 23 and Council may want to consider canceling 2002 CITY and possibly scheduling a special meeting for COUNCIL MEETING December 16. If Staff should determine later that the December 16 meeting is not needed, then it would not be held. The consensus of Council was to cancel the December 23 meeting, set a special meeting for December 16 and if determined by staff that the special meeting is not needed, then it will not be held. P.Hutson IR 2002-144 Mr. Patrick Hills briefly summarized the project UPDATE ON activities and introduced Ms. Ruth Ann COMPENSATION Edwards, Waters Consulting Group. Ms. AND Edwards provided a PowerPoint presentation CLASSIFICATION that gave an overview of the project. Council STUDY questioned and discussed the civil service and non-civil service structure and the relation of the study to the civil service structure. Ms. Edwards explained that the Police and Fire positions are not being reevaluated because they already have a good hierarchy of jobs in place. Ms. Edwards explained that market data will be collected for the Police and Fire positions to establish pay ranges. A recommendation will be placed on the pay structures to make sure they Pre Council Minutes November 11, 2002 Page 3 are market competitive. All other employees are going though a job evaluation process to establish a good hierarchy of jobs and pay grades. There was some disc'ussion on the process of surveying other cities for salary comparisons. Councilman Welch expressed a concern with employees not taking responsibility for problems outside their normal duties and questioned if it could be incorporated into the job descriptions. Ms. Edwards explained it can be addressed two ways in the compensation system - 1) job descriptions can indicate there is an empowerment to employees to identify issues and pass along to appropriate areas and 2) address in performance review process. Ms. Edwards advised that Councilman Welch's concern can be included as part of the review process being undertaken now and they can ensure that the job descriptions are broad enough to address his concern. There was a brief discussion on job descriptions being generic. Ms. Edwards explained if the essential functions are the same, the description will be under one title. In instances where the essential functions vary greatly from what other employees are doing, then a new description will be created for that individual. Ms. Edwards advised the next step is to complete the structure development by merging market and job evaluations, finalize the job descriptions and come back to Council with options for implementation. Council was advised they would be receiving a questionnaire to provide the consultant with their feedback and concerns to help finalize the project. P.Hillis IR 2002-146 Mr. Mike Curtis explained the request from the DISCUSSION OF Shady Oaks Homeowners Association to limit REQUEST FROM public access by closing Ivy Lane and installing SHADY OAKS a controlled access gate. Council discussed the HOMEOWNERS traffic cut-through issue and that the right-of-way ASSOCIATION TO for the addition was approved so that there LIMIT PUBLIC would be more than one entrance in to the ACCESS - IVY neighborhood. Mr. Curtis advised that there LANE would continue to be two entrances, but that one entrance would not be a public entrance. It would be qated. Mr. Curtis advised that the City Pre Council Minutes November 11, 2002 Page 4 Attorney brought up the issue of opening up the floodgates for requests to close streets and that Staff is seeking direction from Council on whether to bring the item to Council for consideration. Council discussed placing a time limit on the closing and revisiting the issue in five years to see if the traffic problem had been alleviated. There was discussion on the maintenance of the closed street and ensuring a mechanism was put in place so that the street would continue to be maintained 20 years from now. Council concurred that they would like for Staff to bring back a plan to close Ivy Lane with a joint street use agreement that would also outline the maintenance to be tied to the Homeowners Association. The City's consideration for the use of the street would be for the Homeowners Association to assume the maintenance. The initial agreement would be for a set period of time (five years) with the possibility of extending the agreement after five years if the Homeowners Association implemented everything in accordance with the agreement. Staff will obtain additional information from the Homeowners Association and will bring item back to Council for formal consideration. M.Curtis Mayor Trevino advised he would be abstaining from discussion on next item. Mayor Trevino left the Pre-Council meetinq at 6:11 p.m. IR 2002·145 RUFE Mayor Pro T em Metts presided over the SNOW DRIVE; meeting. Mr. Curtis briefed the Council on the DECORATIVE decorative traffic signals, streetlights, and other STREET LIGHTS streetscape proposed for Rufe Snow and the planned funding. Council was advised that the understanding of Staff is that the street light selected for North Tarrant Parkway will be the same light used on major thoroughfares outlined in the City Image Study. Staff is seeking Council confirmation that it is their desire to use the same light on Rufe Snow. Council concurred that it is their desire to use the street light selected for North Tarrant Parkway on Rufe Snow and major thoroughfares outlined in the City Image Studv. M.Curtis ---_._----_._----_._----~-_.._-----_.~----------_. .._~-_.._---.~ Pre Council Minutes November 11, 2002 Page 5 Mayor Trevino returned to the meeting. ADJOURNMENT Mayor Trevino announced at 6:18 p.m. that the Council would adjourn to Executive Session for Consultation with Attorney as authorized by Government Code §551.071 for Venne v. City of North Richland Hills and Davis v. City of North Richland Hills. Mayor Trevino announced at 6:49 p.m. that the Council would adjourn to the regular Council meeting. Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary -------------,.~-_.~._,,_._..~-_._._--_..~._....- -.-..-,'-....,-- MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - OCTOBER 28, 2002 . 7:00 P.M. 1. CALL TO ORDER Mayor Trevino called the meeting to order October 28, 2002 at 7:08 p.m. ROLL CALL Present: Oscar Trevino Frank Metts, Jr. Lyle E. Welch Scott Turnage JoAnn Johnson David Whitson Joe D. Tolbert Mayor Mayor Pro T em Councilman Councilman Councilwoman Councilman Councilman Staff: Larry J. Cunningham Steve Norwood Greg Vick Karen Bostic Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary Attorney 2. INVOCATION Mr. Ray Thompson, Principal, North Richland Middle School introduced Chris Bower and Debaney Baker. Chris Bower from North Richland Middle School gave the invocation. 3. PLEDGE OF ALLEGIANCE Debaney Baker from North Richland Middle School led the pledge. City Council Minutes October 28,2002 Page 2 4. SPECIAL PRESENTATIONS YARD OF THE MONTH Mr. John Paraskevas, Beautification Commission member and Councilwoman Johnson recognized the following Yard of the Month recipients: Curtis & Betty Cheek, 6600 Briley; Robert Harper, 4928 Carol Court; Terry & Karen Weiss, 6516 Cliffside; Tommy & Sue Martin, 5425 Susan Lee; Anita Berry, 7540 Buck Street; Trena and David Wilson, 7633 Jill Court; Mike & Jo Ella Johnson, 7832 Old Hickory Drive; and Ken & Dorothy Wilkowski, 8501 Castle Creek Road. Mr. Paraskevas informed council there was no recipient for the Texas SmartScape award. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Tolbert removed item 6D, GN 2002-122 from the consent agenda. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE PRE-COUNCIL MEETING OCTOBER 14, 2002 B. MINUTES OF THE COUNCIL MEETING OCTOBER 14, 2002 C. GN 2002-121 CERTIFICATION OF UNOPPOSED CANDIDATE, CANCELING ELECTION AND DECLARING UNOPPOSED CANDIDATE ELECTED TO OFFICE - ORDINANCE NO. 2667 D. REMOVED E. PU 2002-040 AWARD CONTRACT FOR TELECOMMUNICATION SERVICES TO TIME WARNER TELECOM AND APPROVE RESOLUTION NO. 2002-085 F. PW 2002-014 APPROVE CIP BUDGET REVISION FOR SQUIRE COURT DRAINAGE IMPROVEMENTS City Council Minutes October 28, 2002 Page 3 G. PAY 2002-009 AUTHORIZE PAYMENT TO MOTOROLA FOR ANNUAL MOBILE DATA TERMINAL SERVICE AGREEMENT - RESOLUTION NO. 2002-084 H. PAY 2002-010 AUTHORIZE PAYMENT TO MOTOROLA FOR RADIO MAINTENANCE AGREEMENT - RESOLUTION NO. 2002-083 MAYOR PRO TEM METTS MOVED, SECONDED BY COUNCILMAN WHITSON TO APPROVE THE REMAINING ITEMS ON THE CONSENT AGENDA. Motion to approve carried 6-0. 60. GN 2002-122 APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES CONTRACT - RESOLUTION NO. 2002-089 COUNCILMAN TOLBERT MOVED, SECONDED BY MAYOR PRO TEM METTS TO APPROVE RESOLUTION No. 2002-089. Councilman Tolbert received a compliment on North Richland Hills and Councilman Tolbert believes it is due to the direction of City Manager Larry J. Cunningham. Councilman Tolbert is very proud of the statement and is proud to extend Mr. Cunningham's contract an additional five years. Motion to approve carried 6-0. 7. GN 2002-123 BOND COMMITTEE REPORT AND RECOMMENDATIONS REGARDING CAPITAL IMPROVEMENTS PROJECTS - CHARLES BRINKLEY APPROVED Chairman Charles Brinkley acknowledged and introduced the following bond committee members: Brenda Cole, Vice Chair, Brent Barrow, Jim Billingsly, Rhonda Brown, Richard Davis, Sandra Durbin, Dr. Jed Ford, Brad Greene, Mark Haynes, Bill Lemming, Dyann McCully, Eva Pereira, Charles Scoma, Ruth Ann Smith, Dr. Jack D. Terry, Tim Welch, Fred Wilson, Mark Wood and Ronna Hunt. Mr. Brinkley advised council that the bond committee held their first meeting on July 2, 2002 and concluded their last meeting on October 15, 2002. Mr. Brinkley informed council that the recommendations would not increase the tax rate for North Richland Hills. The following are the bond committee's recommendations. Street and Drainaqe Proiects City Council Minutes October 28, 2002 Page 4 Rufe Snow Drive North Tarrant Parkway Glenview Drive Grapevine Hwy/Harwood Rd Intersection Grapevine Hwy Widening Trinidad Drive Lola Drive Starnes Road Douglas Lane Briley Drive Colorado Blvd. Yarmouth Avenue Unspecified Streets Tabor Street Flory Street Galway Lane Cloyce Court Terry Drive Mackey Drive Holiday West Channel Meadowview Estates Channel Miscellaneous Projects Rufe Snow/Bursey Signalization Davis Blvd/Mid-Cities Blvd Intersection Holiday/Chapman/Meadow Signalization Rufe Snow Drive Streetscape Facility Projects Service Center Expansion Fire Training Facility Expansion and Upgrade Public Safety Facility Upgrade Fire Facility Upgrade Animal Adoption and Rescue Center Mr. Brinkley informed council the total amount for the suggested projects would be $38,210,000. The bond committee is recommending that council accept the Bond Study Committee's report and begin review of their recommendation as soon as possible. COUNCILWOMAN JOHNSON MOVED, SECONDED BY MAYOR PRO TEM METTS TO ACCEPT THE BOND STUDY COMMITTEE'S REPORT. Motion to approved carried 6-0. 8. GN 2002-124 CONSIDER APPROVAL OF JOINT CONTRACT WITH CITY OF RICH LAND HILLS FOR CONSULTING SERVICES WITH LELAND CONSULTING GROUP FOR SOUTH GRAPEVINE HIGHWAY STUDY - RESOLUTION NO. 2002- 088 APPROVED \-... City Council Minutes October 28, 2002 Page 5 Mr. John Pitstick, Director of Development, advised council that the City of North Richland Hills and Richland Hills have formed a partnership to develop a strategy to renew and reinvigorate the South Grapevine Highway corridor. The corridor includes Grapevine Highway south of Loop 820 and related portions of Rufe Snow and Glenview Drives. The cities wish to support redevelopment in the area, encourage further investment, and establish a new identity for the area. The strategy has four phases; a market analysis, community consensus building, feasibility study, and redevelopment plan. The anticipated time frame for the phases are; market analysis - four months, community consensus building - two to three months, feasibility study - two months and redevelopment plan - one to two months. Mr. Pitstick informed council the total project costs would not exceed $88,000. The cost of the project will be split equally by the City of North Richland Hills and the City of Richland Hills, with each city paying $44,000 towards the cost of the project. Mr. Pitstick informed council that the City of Richland Hills has reviewed the proposal and would like to proceed with the project. Mr. Bill Cunningham of Leland Consulting Group gave council a brief overview of his firm and how the firm will conduct the project. COUNCILMAN TURNAGE MOVED, SECONDED BY COUNCILMAN WELCH TO APPROVE RESOLUTION No. 2002-088. Motion to approve carried 6-0. 9. PZ 2002-20 CONSIDER AN ORDINANCE AMENDING AND REVISING THE PLANNED DEVELOPMENT REGULATIONS OF THE CITY OF NORTH RICH LAND HILLS (TABLED AT THE AUGUST 26 CITY COUNCIL MEETING) - ORDINANCE NO. 2647 APPROVED Mayor Trevino informed the public that council held the public hearing and tabled this item at their August 26 City Council meeting. Mr. Pitstick advised council that staff met with the Planning and Zoning Commission and they now understand that this is a stop gap mechanism. The Planning and Zoning Commission know they will have a chance to hear this item at a later time and forward their formal recommendation to council. Staff is recommending three new categories - redevelopment of existing sites, single family development and multi-family development and commercial. Mr. Pitstick did bring to council's attention that there is one change from the original ordinance presented to council at their August 26 meeting City Council Minutes October 28, 2002 Page 6 is the stipulation that the minimum dwelling unit size could not be varied based on each district as previously requested by council. COUNCILMAN TOLBERT MOVED TO APPROVE ORDINANCE No. 2647. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approve carried 6-0. 10. GN 2002-125 RENAMING OF THE BEAUTIFICATION COMMISSION- ORDINANCE NO. 2665 APPROVED Ms. Pam Burney, Environmental Services Director, advised council that the Beautification Commission has redefined their mission. The Beautification Commission is recommending that their name be changed to Keep North Richland Hills Beautiful. Ms. Burney informed council that the City of North Richland Hills has been a Keep Texas Beautiful (KTB) affiliate community for years and the KTB encourages its affiliates to adopt the Keep Texas Beautiful name to show program unity. The Beautification Commission feels that the name change may better enable them to compete with other communities for the KTB Governor's Community Achievement Award. The recipient of the award (nine categories) share $1 million in landscape prize money to be used towards highway landscaping projects in their community. Ms. Burney displayed the new logo to council. Staff is recommending that council pass Ordinance No. 2665 which changes the name of the Beautification Commission to Keep North Richland Hills Beautiful. MAYOR PRO TEM METTS MOVED, SECONDED BY COUNCILMAN WELCH TO APPROVE ORDINANCE No. 2665. Motion to approve carried 6-0. 11. GN 2002 -126 CONSIDER ADOPTION OF THE 2002 GOALS - RESOLUTION NO. 2002-087 APPROVED \~ Mr. Larry J. Cunningham, City Manager, advised council that Resolution No. 2002-087 adopts the goals for the City of North Richland Hills as revised by council at their City Council Minutes October 28, 2002 Page 7 September 12 and 13 Goals Work Session. Mr. Cunningham read the goals established by staff and council. Goal 1: Goal 2: Goal 3: Goal 4: Goal 5: Goal 6: Safety and Security Quality Development Quality Redevelopment and Reinvestment Financially Responsible City Government Quality of Life Amenities for the Community Effective Transportation System COUNCILWOMAN JOHNSON MOVED, SECONDED BY COUNCILMAN WHITSON TO APPROVE RESOLUTION No. 2002-087. Motion to approve carried 6-0. 12. GN 2002-127 APPOINTMENT TO PLACE 5 ON THE TEEN COURT ADVISORY COMMITTEE NO ACTION TAKEN Ms. Patricia Hutson informed council that Mr. Whitson is requesting that council not take action on this item. No ACTION TAKEN BY COUNCIL. Mayor Trevino requested that council discuss item 13 and after item 15 14. PU 2002-041 AWARD CONTRACT FOR WRECKER SERVICE- RESOLUTION NO. 2002-080 APPROVED Mr. Larry Koonce, Finance Director, informed council that the city solicited companies for request for proposals for wrecker service, tow truck service, and vehicle storage facilities. The city received proposals from three companies. A committee was formed with representatives from the departments of Finance, Police, City Manager, Legal and Risk Management. The committee was formed to evaluate the proposals and to ensure that all criteria were met. The request for proposal included evaluation criteria such as company experience, location and efficiency, performance of bidder with similar contracts, equipment owned by bidder, experience in operation of storage facility, proof of financial going concern and total bid price. The contract included the following: City Council Minutes October 28, 2002 Page 8 . furnish all equipment, material, labor and personnel in an efficient and timely manner for tow truck services on a 24 hour, 7 days a week, 365 days a year basis responsible for handling police ordered tows (non-consent tows) and tows where the person in charge of the vehicle makes no selection of a tow truck operator (no- choice tows) responsible for all tows requested for city-owned vehicles provide a storage facility for vehicles pursuant to the requirements of the contract provide, at contractor's expense, for the disposal of unclaimed vehicles maintain specified insurance in force for the duration of the contract contractor shall not exceed charges for towing and storage as contained in contractor's proposal and set forth in the contract, or charge any additional fees for service whether listed or not contractor agrees to pay the City of North Richland Hills for contract administration the equivalent of six percent (6%) of gross revenues resulting from all city directed pulls contract will be a three-year period from November 12, 2002 through November 11, 2005, with the option to extend the contract for two additional one-year terms, and is in compliance with Ordinance No. 2630 contract is subject to cancellation upon 30 day written notice by the City of North Richland Hills without cause and without liability to the City of North Richland Hills The committee evaluated the top two bidders criminal, financial, and civil background checks, operations and quality of service. The top two bidders met all criteria and ABC Wrecker Service proposed the lowest rate and were consistently the lowest in all the rates that were submitted. COUNCILMAN WELCH MOVED TO AWARD THE CONTRACT FOR TOW TRUCK SERVICES TO AA WRECKER SERVICE. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 6-0. 15. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE- COUNCIL AGENDA NO ACTION TAKEN City Council Minutes October 28, 2002 Page 9 Mayor Trevino announced to council that he was going to ask Mayor Pro Tem Metts to lead the council in discussion of item 13. Mayor Trevino is abstaining and recusing himself from item 13. Mayor Trevino further stated that he would be leaving the meeting and that Mayor Pro Tem Metts would handle item 13 and the balance of the meeting. Mayor Trevino stated the reason for him abstaining from item 13 is that it action may lead to something on the Rufe Snow project and it would be a conflict of interest. 13. PW 2002-15 APPROVE ENGINEERING AGREEMENT WITH KNOWL TON-ENGLlSH- FLOWERS, INC. FOR CONSTRUCTION ADMINISTRATION ON RUFE SNOW DRIVE (IH 820 TO MID CITIES BLVD.) - RESOLUTION NO. 2002-086 APPROVED Mr. Mike Curtis, Director of Public Works, informed council that contract approved on August 28, 1995 was for the design of Rufe snow Drive (IH 820 to Mid-Cities Boulevard). The contract did not include any engineering that may be involved during the construction phase of the project. The basis for this omission is that this was the first ISTEA grant project for the city. City staff was not aware at the time that the Texas Department of Transportation (TxDOT) relied on the design engineer for design interpretations on minor field changes and shop drawing reviews. The City's definition "construction administration" covers the issues. However, TxDOT does not have the same definition for construction administration. Lastly, the engineer was unaware of the additional engineering required by TxDOT during the construction phase. Due to the difference in interpretation of construction responsibilities, the city will see additional costs for field changes, supplemental agreements or additional work orders that may become necessary subsequent to the award of the construction contract. Since the agreement does not define the amount of engineering that TxDOT would require for any plan changes and the number of plan sheets required to revise each change, this would be an additional cost to the city. Staff has received a letter from Mark Schluter, P.E., TxDOT Area Engineer reiterating TxDOT's position. Mr. Curtis informed council that the agreement before council tonight includes the approval of additional engineering that TxDOT is requiring from the City and the design engineer during the remainder of the construction process. Also included is the design work necessary to have the decorate traffic signal poles with the back lit street signs included in the Rufe Snow widening project as a change order. Mr. Curtis advised council that the fee for the engineering agreement would not exceed $150,100. Mr. Curtis informed council that funds are available in the existing Rufe Snow Drive budget to cover the cost for the additional required engineering. City Council Minutes October 28,2002 Page 10 COUNCILMAN WELCH MOVED TO APPROVE PW 2020-015, RESOLUTION No. 2002-086. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approved carried 6-0. 16. A. CITIZENS PRESENTATION Mr. Doug Lewis, 4020 Flory, voiced his dismay with council awarding the wrecker service contract to AA Wrecker Service. Mr. Lewis is a consultant to ABC Wrecker Service. B. INFORMATION AND REPORTS Councilman Tolbert made the following announcements. November 3-9 is Animal Shelter Appreciation Week and the Animal Adoption and Rescue Center is hosting the second annual Open House on November 3. The Open House will be held from 1-5 p.m. and there will be tours and refreshments. Come learn more about your Animal Shelter and the great staff that serve and protect our animals. The Animal Adoption and Rescue Center is located at 7200 Dick Fisher. November 5 Election Day Call 817-884-1115 to determine your polling location. November 9 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. 817 -427 -6570 17. ADJOURNMENT Mayor Pro Tem Metts adjourned the meeting at 8:27 p.m. ATTEST: City Council Minutes October 28.2002 Page 11 Oscar Trevino - Mayor Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS " "--..- Department: Planning & Inspections Department Council Meeting Date: 11/11/02 Subject: Consideration of a ReQuest from the Hoover/Klein Group Agenda Number: PS 2002-40 for the approval of the Final Plat of Lots 1-17. Block 1, Lot 1, Block 2, Lots 1-11. Block 3, Lots 1-10, Block 4 and Lot 1, Block 5, Ember Oaks Phase III Addition (located at the intersection of Bursey Road and Davis Boulevard) 17.14 acres. Case Summary: Mr. Brian Klein, representing the Hoover/Klein Group, is requesting approval of the Final Plat of Lots 1-17, Block 1, Lot 1, Block 2, Lots 1-11, Block 3, Lots 1-10, Block 4 and Lot 1, Block 5, Ember Oaks Phase III Addition. The purpose of this plat is to prepare the site for 38 residential and 2 commercial lots. The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The proposed final plat matches the layout of the approved PD site plan and the approved preliminary plat. Attached isa memo concerning this plat from the Public Works Department. \"-.- Current Zoning: The site is currently zoned "PD" Planned Development. Comprehensive Plan: The Comprehensive Plan was effectively revised to support the proposed uses with the approval of the existing PD Planned Development earlier this year. Right Of Way: No additional ROW dedications are necessary with this plat. Utilities: No issues concerning thè extension of utilities to the site have been identified. Flood or Drainage: No portion of this lot is located within the 100-year floodplain. No drainage issues have been identified by staff. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission at their meeting on, October 24, 2002, recommended approval of PS 2002-40 by a vote of 6-0. RECOMMENDATION: To approve PS 2002- 40 Lots 1-17, Block 1, Lot 1, Block 2, Lots 1-11, Block 3, Lots 1-10, Block 4 and Lot 1, Block 5, Ember Oaks Phase III Addition. Finance Review Source of Funds: Bonds (GOlRev.) _ ~ Operating Budget Other - ~cJ2~ Account Nwnber Sufficient F\B1ds AV8uable Department Head Signature Finance Director ~~ \... N A NRH PS 2002-40 Ember Oaks III Final Plat Prepared by Kellie Smith/Planning 10/18/02 (") o c Z -I ::u -< o I 300 600 Feet I PZ 2002-40 CONSIDERATION OF A REQUEST BY THE HOOVER/KLEIN GROUP, INC. FOR THE APPROVAL OF THE FINAL PLAT OF EMBER OAKS ADDITION PHASE III LOCATED AT THE INTERSECTION OF BURSEY ROAD AND DAVIS BOULEVARD (17.14 ACRES). APPROVED Zoning Administrator Dave Green summarized the case. This is a final plat. It is a combination of residential and commercial and is located primarily at the intersection of Bursey Road and Davis Blvd. A portion of the development is on the north side of Bursey Road and another portion is on the south side. The applicants approached staff earlier this year with a rezoning of the site from commercial to residential for these two portions of the site, reducing the size of the original commercial tracts fronting Davis. The use was approved as a PD. The applicants recently obtained preliminary plat approval from the Commission and are now requesting finalization of the platting process. There are no outstanding issues with the final plat. Staff recommends approval. Chairman Bowen called for questions. There were none and the Chairman called for a motion. Mr. Lewis, seconded by Mr. Laubacher, motioned to approve PZ 2002-40. The motion carried unanimously (6-0). '·--'··"·"'·--~---""_·~~.''''·''''___''____'____.^''W__'''-''''_'_h_'_ NRH Public Works 1 Administration CITY OF NORTH RICH LAND HILLS October 17, 2002 MEMO TO: Dave Green, Planner FROM: Andrea Jobe, EIT, Engineer Associate RE: PS 2002-40 EMBER OAKS ADDITION, PHASE 3; BLOCK 1, LOTS 1-17; BLOCK 2, LOT 1; BLOCK 3, LOTS 1-11; BLOCK 4, LOTS 1-10 Public Works has reviewed the Final Plat submitted on October 9, 2002. The surveyor has addressed all comments from the Public Works department concerning the Final Plat. Public Works suggests that the Final Plat be taken to Planning and Zoning for their recommendation to City Coucil. ARJ/pwm2002-104 Cc: Stanley Morris Engineering, via fax 915-235-9696 Hoover Klein Group, via fax 817-283-9189 P.O. Box 820609 * North Richland Hills, Texas 76182-0609 7301 Northeast Loop 820 * (817) 427-6400 * Fax (817) 427-6404 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11/11/02 Subject: Cancelling & Rescheduling December 23,2002 City Council Agenda Number: GN 2002-128 Meeting At the October 28 Pre-Council meeting, Council discussed canceling and rescheduling the December 23 Council meeting due to holiday activities. Staff suggested that Council consider a special meeting for December 16 to handle any uncompleted business before the end of the year. The consensus of Council was to cancel the December 23 meeting, schedule a special meeting for December 16 and should it be determined later by Staff that the December 16 meeting will not be needed, then the special meeting will be cancelled. Recommendation: To cancel the December 23,2002 City Council meeting, schedule a special meeting for December 16, and if determined at a later date by Staff that the special meeting is not needed then the December 16 meeting will not be held. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available Department Head Signature Finance Director CITY OF NORTH RICHLAND HILLS epartment: LeQal Council Meeting Date: 11/11/02 GN 2002-129 Agenda Number: Subject: Indemnification of Public Servants and AuthorizinQ City Manager to Settle Suits & Claims; Ordinance No. 2668 Ordinance 2668 addresses two issues: Section 2-50 indemnifies officers and employees to the extent necessary to limit damages for non-Federal suits to $100,000. Damages otherwise would be unlimited. Section 2-51 will authorize the City Manager to settle suits and claims up to $50,000 without requiring a vote of the City Council after consideration in executive session. RECOMMENDATION: Approve Ordinance No. 2668. Source of Funds: Bonds (GO/Rev.) Operating Budg t Othe Finance Review Account Number Sufficient Funds AvallaDle ~ Finance Director ~M~ Page 1 of 10 12 14 16 18 20 22 2-. 26 28 30 32 34 36 38 40 42 44 41... ORDINANCE NO. 2668 4 AN ORDINANCE AMENDING CHAPTER 2 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND PROVIDING FOR LIMITED INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES AND AUTHORIZING THE CITY MANAGER TO SETTLE CLAIMS AND SUITS INVOLVING PAYMENTS NOT IN EXCESS OF FIFTY THOUSAND ($50,000) DOLLARS. 6 8 WHEREAS, Section 108.002, Texas Civil Practice and Remedies Code, provides for a limitation on liability of public servants if such public servants are provided indemnification up to such amounts; and WHEREAS, Section 102.002, Texas Civil Practice and Remedies Code, limits the authority of municipalities to indemnify public servants and prohibits payments for gross negligence or exemplary damages; and WHEREAS, the City Council desires to authorize the City Manager to settle claims and suits within limits; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS. Section 1: That Chapter 2 of the North Richland Hills Code of Ordinances is amended by adding a new Article IV which shall read as follows: "ARTICLE IV. LAWSUITS Sec. 2-50. Indemnification. Except for actions arising under the constitution and laws of the United States, every officer and employee of the City, other than a provider of health care as that term is defined in Section 108.002(c) TEX. CIV. PRAC. & REM. CODE, is hereby indemnified, to the extent allowed by Section 102.002 TEX. Clv. PRAC. & REM. CODE, for damages not exceeding $100,000 for personal injury, death or deprivation of a right, privilege or immunity if the damages are the result of a negligent act or omission by such officer or employee in the course and scope of such person's office, employment or contractual performance of duties for or on behalf of the City of North Richland Hills. This provision is enacted in order to limit the liability of public servants under Section 108.002 TEX. Clv. PRAC. & REM. CODE. Sec. 2-51. Authority of City Manager. The City Manager is authorized to settle matters involving payment by the City of up to $50,000.00, and to execute all settlement documents necessary to resolve claims and suits upon the recommendation of the city's attorney after settlement is discussed with the council in C\WINDOWS\Temporary [nlernet File"IContcnl.IE!i\AM370LW6\Scrtl,m_nl Authoriry. wpd Page] 4 6 8 10 12 14 16 18 20 22 2... 26 executive session." Section 2: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. Passed November 11, 2002. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney C',WINIX)WSITempuf.ry Internet FilcslConlenllE5IAM370L W6\<)cuJemenl Audlorily_""P'1 Page 2 ,0 _~ l' ,¡,¡,"" CITY OF NORTH RICHLAND HILLS '''-... Department: Planning & Inspections Department Council Meeting Date: 11/11/02 Subject: Public hearing to consider of a request from B. H. & L. Joint Agenda Number: PS 2002-33 Venture for the approval of the Final Plat of Lots 15-28, Block 5, Lots 21-26, Block 9, lots 1-5, Block 10, Lots 1-28, Block 11, Lots 1-27, Block 12, Lots 1-18, Block 13, Lots 1-8, Block 14 and Lots 1-11, Block 15 of the Forest Glen East Phase II Addition (located in the 8000 block of Davis Boulevard) 37.285 acres. Case Summary: Mr. Doug Long, representing B. H. & L. Joint Venture, is requesting approval of the Final Plat of Forest Glen East Phase II Addition. The purpose of this plat is to prepare the site for development of 115 residential and 2 commercial lots. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission at their meeting on, October 24, 2002, failed to make a recommendation as a motion to approve (3-3) and a separate motion to deny (3-3) did not pass. While no formal action was taken by the Planning & Zoning Commission, the City Attorney has stated that action will need to be taken by the City Council at this meeting to conform to the 30 day rule or this plat will automatically be approved. As a result of the 30 day rule and ongoing discussions regarding this plat, the applicant Owen D. Long has requested a continuation of this hearing until November 25, 2002. RECOMMENDATION: To continue PS 2002-33 to the November 25, 2002 City Council meeting. Finance Review Source of Funds: Bonds (GO/Rev.) g::ting Budget _ ~ .~of¿ f)~ Department Head Signature Account Number Sufficient Funds A vaUíible Finance Director ~t~ PS 2002-33 Forest Glen East Phase II Addition CC Page 1 of 1 10 aBed e14~IH 4~JON ~O ~~I~-Ol ~£6~ IBZl.I B-WOJ:I Wdz~:eo ZO-90-^ON pe^le~eH I.H. & L Joint lenhlre ... 1515 Precinct LIne Road Suite # 106 . Hurst, Texas 76054-3:345 Phone (817) 281-8121 . Fax (817) 281-4934 ~ovember 7,2002 Mr. Mayor and City Council Members City of North Rich1and Hills 7301 Northeast Loop 820 North Rich1and Hills, Texas 76118 Re: FOREST GLENN EAST Phase 2 Addition North Ricbland Hills, Texas Dear Mayor and City Council Members: We are requesting the city council to postpone the hearing on the Final Plat consideration of Forest Glenn East Phase 2 Addition ftom the November 11, 2002 City Council agenda to your next City Council meeting on November 25,2002. Your cooperation will be appreciated. erelf. Q . :Cong cc: John Barfield T . d irESirTS2¿TS OOSSI::I'I'UO,auamo d2E:EO 20 90 ^O~ ." .! CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 11/11/02 '-..-/ Subject: Public Hearing to consider an appeal by Lanny Wilkinson Agenda Number: PZ 2002-15 for an Special Use Permit (SUP) request in the "C-1" Commercial District for an automobile lubrication center in the 6300 block of Davis Boulevard (0.37 acres). Ordinance No. 2669 Case Summary Lanny Wilkinson is proposing to construct an automotive lubrication center in the 6300 block of Davis Bouleyard. This use is permitted in the "C-1" Commercial District with the approval of a Special Use Permit (SUP). All SUPs are required to include a site plan as part of the reyiew and approval process. Site Plan Status: Attached are the staff's DRC comments to the applicant concerning the site plan. The applicant, to this date, has not submitted a proper revised site plan based on these comments. Plat Status: This site is located on a portion of Lot 22, Block J Smithfield Addition. The applicant has submitted a replat request (ref. PS 2002-37) which is also on this agenda. Existing Land Uses: The site is currently vacant and is characterized by a relatively flat terrain with grass and '-, trees situated along the lot boundaries. Comprehensive Plan: The Plan indicates retail uses for this site as well as the three other comers surrounding this intersection. The proposed use is automobile-related which is considered by the Plan as a commercial use, more intensive than retail. The adjacent Davis-Mid-Cities Boulevard intersection represents one of the last undeveloped areas in this community. As such the character of proposed development becomes extremely important. At the present time the northeast comer of this intersection is already developed with an automotive-related use (Texaco), the southeast comer with a retail use (Walgreen's). The approval of another automotive-related use near this Source of Funds: Bonds (GO/Rev.) Operating Budget Oilier -ø JK~ Department Head Signature Finance Review Account Number Sufficient Funds Available \- PZ 2002·15 Davis Lube Center CC sum. Page 1 of 2 "j CITY OF NORTH RICHLAND HILLS " intersection would set the tone for similar uses and ^ potentially jeopardize future retail development. In addition, the lotting patterns in the northwest corner of the Davis-Mid- "-_ Cities intersection are such that cohesive, comprehensive development is difficult. The current patterns actually dictate piece-meal approach. The. intersection would benefit from a consolidation of lots and a comprehensive approach to development. Thoroughfare Plan: The tract fronts onto Davis Bouleyard which is proposed by the Thoroughfare Plan as a 6- lane, divided, principal arterial street with 120' ROW. See additional ROW comments in the attached letter from the Public Works Department. Adjacent Zoning I Land Use: North: "1-2" I Vacant East: "C-1" I Texaco Station (SUP approved in 1997) South: "C-1" I Vacant West: "1-2" I Vacant PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission at their meeting on, October 10, 2002, recommended denial of PZ 2002-15 by a vote of 4-2. RECOMMENDATION: To deny PZ 2002·15 and Ordinance No. 2669 for a Special Use Permit (SUP) for an automotive lube center in the 6300 block of Davis Boulevard. .'-- PZ 200215 Davis Lube Center CC sum. Page 2 of 2 ~._._~..,--,_._----,._.~_.~--~"-"'.--"._..- 4. PZ 2002-15 PUBLIC HEARING TO CONSIDER A REQUEST FROM ISRAEL JOBERT REQUESTING A SPECIAL USE PERMIT (SUP) FOR AN AUTOMOBILE LUBRICATION CENTER IN A C-1 COMMERCIAL DISTRICT (.37 ACRES). DENIED Zoning Administrator Dave Green summarized the case. Mr. Green stated that this is a special use permit request. The proposed use is an auto lubrication center. It is located on a .37-acre tract of land in the 6300 block of Davis Blvd. at the NW corner of the Davis Blvd. and Mid-Cities intersection. The current zoning on this site is C-1 Commercial and the zoning ordinance allows auto lubrication type uses in C-1 with a special use permit. This intersection merits special consideration on the part of the staff and the Commission. This is a major intersection for regrowth or redevelopment, so it is very important to look at each case to consider how it sets the character for this intersection. Staff would like to point out that there are issues with the particular location from the standpoint of the lot pattern in this NW corner. The lot pattern does not promote cohesive development. The reason for that is there are lots of varying degrees and size. Some are very narrow and very long. Some are very short and narrow. As project development occurs, it is obvious that each one of these lots can be individually purchased and a different use proposed for each one. That leads to a piece meal type of development. Staff would like to see a consolidation of properties in this area, either property lines, tracts or lots. A more cohesive and comprehensive type of retail or commercial type of development can be proposed. Staff does not support , this request. Chairman Bowen opened the public hearing. Lanny Wilkinson, 1705 Altacrest Drive, Grapevine, the developer for this project, stated that the area to the north of this site is Bates property and the area to the south is E- Systems property which gives this corner three owners. The SE corner is Walgreens and the NE corner is a Texaco. Mr. Wilkinson stated that this corner interested him because it is industrial behind this location. The property backs up to properties that have the opportunity to be industrial. He stated that his use would work best in an area that does not interrupt other development. Once he determined that this is the highest and best use of the property, he realized there was a problem. Mr. Wilkinson stated that the corner curb cut should be just east of the property. Mr. Wilkinson spent over a month with another contractor trying to talk with the people from Bates and with E-Systems. Mr. Wilkinson stated that Bates was interested in leasing the property, not selling it. He spoke to the people who control the family trust. He was told that the trust will not allow the property to be sold, only leased. Mr. Wilkinson added that what makes sense, if you look at this property as a whole and what is going to happen down the road, and it may be 100 years from now, this will develop. It may develop into industrial. Mr. Wilkinson stated that Bates fought for that Page 2 10/10/02 P & Z Minutes for a long time. Because of the way the family trust is and some of the legal issues going on there, this is not going to happen. Mr. Wilkinson stated that when he gets to Councilor P&Z, it should be part of the restrictions that a curb cut is granted to develop this property. Mr. Wilkinson offered to develop the curb cut, and share it with Bates for their future use, but they said no. Mr. Wilkinson then looked towards E-Systems and spoke with Dan Quinto. E-Systems property is about 300 feet in length, and gets to a depth of about 150 feet. Mr. Wilkinson would like to purchase part of the property to put in a lube center with an option to put in an exterior wash. E-Systems is controlled by some sort of trust as well, but they said they would present his proposal. Mr. Wilkinson also suggested another proposal which was to swap or buy and put in cross access all the way down wherever the curb cut needs to be for Planning & Zoning. He stated that this is the highest, best use. However, E-Systems explained to Mr. Wilkinson that they are not going to break apart the property until they sell a big chunk of it or all of it. Mr. Wilkinson stated that he was a little upset and his biggest frustration in this whole thing was Dan Quinto told Mr. Pitstick that they were willing to work with Mr. Wilkinson. He went to Mr. Quinto afterwards and said it sounds like we are going to work. Mr. Wilkinson stated that he was willing to go back to the seller of this property, and try to renegotiate something and put his money into this lot. According to Mr. Wilkinson nothing has changed and he still can't do anything. Mr. Wilkinson stated that now we're sitting here with a corner and he understands that it makes sense to tie this together, nothing is ever going to happen over here. Mr. Wilkinson added that the way the litigation is, the way the Bates are, and the way the lease is written, nothing is ever going to happen there. Not at $20.00 a square foot, not $30.00 a square foot, there is not a price that Bates is willing to break the lease. So as long as Bates is in business or until they go bankrupt, which Mr. Wilkinson stated he does not see happening in the near future, that property will stay just like it is. Given those things, this became the highest and best use of this property. Mr. Wilkinson agreed that we would all like to see this property developed, we all would like to get something here generating sales tax or increasing property value. Nothing is going to happen here, and if it does it is going to be industrial. Mr. Wilkinson stated that he is convinced of it, and was convinced of it 2 months ago, and is even more convinced of it today, the more people he talks with. Mr. Wilkinson added that people he knows, who know the whole inside information of what is going on there, it is not going to happen. So that leaves us with another problem. P&Z, staff, and City Council, this corner shows a need to develop. Mr. Wilkinson agrees with everything that is being said here by staff. They have shown a need to sell, they have shown a desire as a group to sell at the right price, the whole nine yards. Mr. Wilkinson stated that if he doesn't develop this, then it is going to just sit there. The only thing that could happen is Mr.Quinto may have a buyer for this. Those are the issues that came up in April and that is the issue I understood. Lube centers are approved in industrial. This is as close as you get, and the only thing that makes sense is if E-Systems would do a swap. However, they are not willing to do that. But, what is going to happen, is this will someday be approved for something and Bates will end up selling to E-Systems or vice versa. They are going to sell it at about $6.00 a square foot. That is reality. The rest of this is pie in the sky. Page 3 10/10/02 P & Z Minutes · ._----_................-"--~--'--'-" The SW corner has already been approved for a grocery store. Those people are willing to sell theirs. If you mess it up, that's fine. Mr. Wilkinson continued stating that the first guy that comes across with an industrial project that is looking for something in will put it on that back property. It is a buyer deal. He stated that they are not like him, they don't look at the corner. If they were, they would have originally said, yes swap me for this, put the corner together and at least we have part of this together. Mr. Wilkinson suggests that the project be approved contingent upon the City agreeing that if the Bates property ever desires a curb cut, they provide cross access. Mr. Wilkinson has no problem with that and stated that he would have made the suggestion anyway. Mr. Tucker told Mr. Wilkinson that he made a good presentation. Mr. Tucker agreed that the City may wish for all that to become one part. He stated that he is familiar with E-Systems and the Bates property and he agrees with Mr. Wilkinson that nothing is going to happen. Thus, there is one lot stuck right there. Mr. Tucker stated that at first, he was somewhat opposed, but he now feels that this would be a good use for this property. However, Mr. Wilkinson is going to have to rework his plans because he doesn't show the 17-1/2 ft. that are going to be cut off his property to make it work. Chairman Bowen commented that he doesn't believe this is the best use for this piece of property. He stated that if it doesn't develop right now, it will eventually. He stated that he has consistently, and will always consistently, oppose piece meal development. He stated that even though it may not develop anytime soon, P&Z should look at the entire piece of property and develop it cohesively, rather than piece meal because with piece meal development, you do not get good development. In addition, staff is beginning to concentrate on the Smithfield redevelopment area and this is the entrance to that area. For these reasons, Chairman Bowen cannot support this request. Mr. Lewis commented that he agreed with Chairman Bowen. He stated that he has great compassion for the property owner and for Mr. Wilkinson for the time and effort that he has placed on the project, but in the long range it doesn't fit what the City is looking for in this neighborhood. There were no further comments and the Chairman called for a motion. Mr. Lewis, seconded by Ms. Cole, motioned to deny PZ 2002-15. The motion carried (4-2). Mr. Schopper and Mr. Tucker voted in opposition to the denial. Chairman Bowen asked Mr. Green to inform Mr. Wilkinson of his rights to appeal. Page 4 10/10/02 P & Z Minutes 10/14/2ßß2 ß3:ß3 +8173295293 WILKINSONATTORNEV PAGE ß2 r'è LölYL-1 S- Lanny & Traci Wilkinson 1280 South Main Street; Suite 104 Grapevine Texas 76051 817-329-7474 October 14, 2002 Dave Green, Planner City of North Richland Hills 7301 Northeast Loop 820 Roth Richland Hills, Texas 76182-0609 Mr. Green, As per the code for North Rich'.nd Hills, I "am requesting an appeal to the City Coundl of North Richland Hills for both the SUP and the Replste of Smithfield Addition, Blk J, Lot 22R-Lube Center. Please notify me of the date and time of the City CoundJ meeting at Mobil.. 817-875-4011 and Fax # 817-329-5293. Sincerely, ~~ Lenny L Wilkinson Owner/General Manager /" --"" -"-_..._._---_._~-_..--.__.---."---.--~~---_..._._--~---_._"-~-~~-,.,----,- RENOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CASE #: PZ 2002-15 6300 block of Davis Boulevard Lot 22, Block J Smithfield Addition You are receiving this notice because you are a property owner of record within 200 feet of the above property. Purpose of Public Hearina: Israel Jobert on behalf of the property owner, John Hay, is requesting a Special Use Permit (SUP) for an automobile lubrication center in the current C-1 Commercial District. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, OCTOBER 10, 2002 Location: 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Time: If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 ---,.,-.,-- -"._-,_..._._-_._.~_._~-----~-_.-.__."._---_.._.- ..~ LOT 22 BLKJ œ NRH PZ 2002-15 SUP LOT 22 BLK J SMITHFIELD ADDIT. o 200 400 Feet I I Prepared by: Planning Dept. 7/26/02 .... ._._"_'__'_______._.~_~_______U__,__H_._'_'___<~ BATES REALTY LP, 700 AMANDA LN CLEBURNE TX 'ì loo '33- go 10 SMITHFIELD ADDITION BLK J LOT 17R 6305 DAVIS BLVD MOTlY A ENTERPRISES LLC, 1100 LOUISIANA ST HOUSTON TX \ '\ OD '- - S ¿z, I E-SYSTEMS ADDITION BLK 1 LOT 1 8200 CARDINAL LN REMCO REALTY INC, 700 N PEARL ST STE 2400 DALLAS TX 1520 I ~ 2. &'3 L BARLOUGH, JOHN H SURVEY A 130 TR 5C01 6400 SMITHFIELD RD REMCO REALTY INC, SAmŒ 700 N PEARL ST STE 2400 DALLAS TX 'ì ') ¿ol- L~3L BARLOUGH, JOHN H SURVEY A 130 TR 5C 6301 DAVIS BLVD _._.._~.·~_U..___'___"_^___·_'_~·___·_'_~'~·__·______·-...--- ....- NRH CITY OF NORTH RICHLAND HILLS Planning & Inspection Services July 23, 2002 TO: Bill Ingle FROM: Dave Green, Zoning Administrator RE: Staff comments for PZ 2002-15 SUP request for Express Care Lube Center Dear Bill: Staff has reviewed the above site plan and has submitted the following comments. Comments from the Public Works Department (Jon Lovell 817-427- 6406) should be available by early tomorrow. Bill, I'm going to advertise the request this coming Friday for the meeting on August 8th. If you could give me 2 revised sets of plans (based on the attached and Public Works comments) as soon as possible, myself and Public Works staff will review one last time before we place this item on the P&Z agenda. At that time (no later than Thursday, August 1st) we'll need 20 complete sets for the P&Z agenda packets. Parks (Bill Thornton 817-427-6625): · No comments Police/Fire (Dean Bray 817-427-6959): · Label Fire Lanes Building Inspections (Penny Peterson 817-427-6300): · No comments Planning (Dave Green 817-427-6301): · What is the purpose of the metes and bounds description on the second page? Are you subdividing Lot 22 into two parcels (replat required) or just developing a portion of Lot 22? · Note ownership of all adjacent tracts. · Note the existing zoning of the site and all adjacent tracts. · Revise the plat boundary calls on all pages to eliminate the "?". · Note the number of parking spaces required vs. those provided. · Note the 25' front building setback on the site plan. P.O. Box 820609 * North Richland Hills. Texas * 76182-0609 7301 Northeast Loop 820 * Planning & Zoning * 817-427-6300 * FAX 817-427-6303 Building Inspections * 817-427-6330 * Code Enforcement * 817-427-6335 ___~+_<___,~,.o,_"____-.~~~·___~,__·___~__·__·~____~__'."--.-..- · Delineate the 15' Landscape Setback along Davis Boulevard on both the site plan and landscape plan. · Minimum required tree size is 3" caliper. · Provide the name, address, and telephone number of the person or firm responsible for the preparation of the Landscape Plan. · Place the following notes on page C-2 landscape Plan; All required landscape areas shall be permanently maintained and shall be irrigated with an automatic conventional irrigation system equipped with rain and freeze sensor controls. A licensed irrigator or master plumber shall install the irrigation system. Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants that are not a part of the landscaping. All plant materials shall be maintained in a healthy and growing condition as appropriate for the season of the year. The property owner is responsible for regular weeding, mowing of grass, irrigation, fertilizing, pruning, and other maintenance of all plantings as needed. Plant materials which die shall be replaced by the owner within a six-month period with plant material of similar variety and size. · On page A-1 Building Elevations, note that all roof-mounted HVAC units will be screened by the parapet wall. All ground mounted units will be screened by landscaping. · Place an elevation of any proposed freestanding signage on page A-1. As of 7/22 signage is limited to a monument sign not to exceed 7' tall, 75 square feet max. sign structure area with a maximum of 50 square feet of sign message area. Sign must be have a minimum of 8" of masonry surround. Note the location of any signs on both the site and landscape plan pages. · Are any wall signs proposed? If so, note dimensions and location on elevations page. · Place the "Landscaping required" vs. "Landscaping Provided" on the page C-2 Landscape Plan. Just note how much total square footage is required vs. how much provided. /, July 23, 2002 MEMO TO: Dave Green, Planner FROM: Jon Lovell, E.I.T., Engineer Associate RE: SMITHFIELD ADDITION, BLOCK J, LOT 22 SITE PLAN REVIEW PROPOSED LUBE CENTER PZ2002-15 Public Works has reviewed the site and landscape plans submitted to this office on June 5, 2002. We offer the following comments. SITE PLAN: ~ Dimension all curb radii. ~ Revise the driveway configuration. Public Works will require the angle between the street and driveway centerlines to be 90 degrees. Dimension the width of the proposed driveway at the property line. >- Show and label the proposed sign location. ~ Show and label the proposed water meter. Show the proposed sanitary sewer manholes. ~ Relocate the proposed fire hydrant. Public Works requires both hydrants and water meters to be located in an easement or in the public right-of-way. ~ Relocate the proposed sidewalk. TxDOT will require the sidewalk to be located 4' off the property line, This memo shall be used in conjunction with the mark up of the plans. Sincerely, jrl cc: Mike Curtis, P.E., Public Works Director 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 , '- ORDINANCE NO. 2669 ZONING CASE PZ 2002-15 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICH LAND HILLS; AMENDING THE ZONING MAP AND OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND AMENDING ZONING OF PROPERTY KNOWN AS LOT 22, BLOCK J, SMITHFIELD ADDITION, CITY OF NORTH RICHLAND HILLS, TEXAS, BY GRANTING A SPECIFIC USE PERMIT FOR AN AUTOMOBILE LUBRICATION CENTER; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in North Richland Hills at least 15 days before such hearing; and, WHEREAS, public hearings to change the zoning on the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is ofthe opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section I: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance, and the Official Zoning Map of North Richland Hills are hereby amended by changing the zoning on Block J, Lot 22, Smithfield Addition of the City of North Richland Hills, Texas, and granting a specific use permit for an automobile lubrication center. Section 2: Any person, firm or corporation violating any provision ofthis ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Ordina e No. 2669 Page 1 2 2 4 6 8 10 12 14 16 18 20 22 24 26 Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. AND IT IS SO ORDAINED. Passed November 11, 2002. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney Ordina e No. 2669 Page 2 2 ""_. '" CITY OF NORTH RICHLAND HILLS .''!':. , ',,-... Department: Planning & Inspections Department Council Meeting Date: 11/11/02 Subject: Public hearing to consider of a request from Lanny Wilkinson Agenda Number: PS 2002-37 for the approval of the Final Plat of Lot 22 R, Block J of the Smithfiled Addition (located in the 6300 block of Davis Boulevard) 0.37acres. Case Summary: Mr. Lanny Wilkinson, is requesting approyal of the Final Plat of Lot 22R, Block J of the Smithfield Addition. The purpose of this plat is to validate a situation whereby a small portion of the original Lot 22 was sold to an adjacent property owner without the benefit of replatting the site. This request is connected with the Special Use Permit (SUP) request (also on this agenda) for an auto lube center (ref. PZ 2002-15). The Development ReYiew Committee has reviewed the plat and has determined that the plat does not comply with the Zoning and Subdivision Ordinances. The applicant is proposing a replat of property, but leaving a portion of a previous lot without platting it into a lot. Attached are two memos from the Public Works Department concerning this plat. Plat Status: Attached are the staffs DRC comments concerning this plat. The applicant, to this date, has not submitted a revised plat for review based on these comments. Public Hearing Requirement: Because this request involyes the replating of a portion of an existing residential subdivision (Smithfield Addition), state law requires that a public hearing be held prior to the adoption of this plat. A newspaper notice of this hearing as well as a notice to all property owners within 200' of this subdivision was prepared and published/mailed 15 days prior to this City Council meeting. Current Zoning: The site is currently zoned C-1 Commercial. Comprehensive Plan: The Plan indicates retail uses for this site as well as the three other comers surrounding this intersection. The proposed use is automobile-related which is considered by the Plan as a commercial use, more intensive than retail. Finance Review Source of Funds: Bonds (GO/Rev.) _ # ' Operating Budget Other - ",- ~~ Department Head Signature Account Number Sufficient Funds A vattlíble ¡nance Director ... PS 2002-37 Lot 22R, Block J Smithfield Addition CC Page 1 of 2 ..~- .-_........ -'--...,-~._. ,- ,,' '''.,......".--.-.-.... _·_·~..._.4.~,_. ...~ CITY OF NORTH RICHLAND HILLS " PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their meeting on, October 10, 2002, voted to recommend denial of PS 2002-37 by a 6-0 yote. RECOMMENDATION: To deny PS 2002-37 the Final Plat of Lot 22R, Block J of the Smithfield Addition. 'CITY COUNCIL ACTION ITEM PS 2002-37 Lot 22R, Block J Smithfield Addition CC Page 2 of 2 - --Y'--. PS 2002-37 CONSIDERATION OF A REQUEST FROM ISRAEL JOBERT FOR THE FINAL PLAT OF LOT 22R, BLOCK J SMITHFIELD ADDITION (.37 ACRES). DENIED Zoning Administrator Dave Green explained that this is a replat that goes with the project that was just discussed. While reviewing this project, an issue arose where some property along the south property line of the project had been sold some time in the past without benefit of platting the property. A portion of a lot was left over, so it became paramount that a replat occur. The point of this plat was to address the re-platting of the site for the lube center. There are a couple of comments in your staff report concerning this particular plat. Staff is recommending that this plat be denied because there is going to be additional right of way necessary on this particular site. Chairman Bowen called for questions and comments. There were none and the Chairman called for a motion. Mr. Tucker, seconded by Ms. Cole, motioned to deny PS 2002-37. The motion carried unanimously (6-0). /..,,- NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS CITY COUNCIL CASE #: PS 2002-37 Replat Lot 22R, Block J Smithfield Addition 6300 Block of Davis Boulevard You are receiving this notice because you are a property owner of record within 200 feet of the above property. PurDose of Public Hearina: Pursuant to Section 212.015 of the Texas Local Government Code, a public hearing is being held to consider a request from Lanny Wilkinson I CTL Properties to replat the existing Lot 22, Block J of the Smithfield Addition. The purpose of the replat is to prepare the site for commercial development. Public Hearina is Scheduled For: Public Hearing Date: CITY COUNCIL MONDAY, NOVEMBER 11, 2002 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Time: Location: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 , ~'- -^,,-.-.- .... - "_".'n __ ___._ 200' Buffer .'" .,. .;-..<,." c' ~ c ". 'C"'. :.f.Ot;22 R::' -····BlkJ .. '-7..' '" .. "':¡::f-J';· '; . > N A NRH PS 2002-37. Lot 22-R, Blk J Smithfield Addition Prepared by KeJ/ie Smith/Planning Dept. 10/24/02 o I 200 400 Feet I NRH Public Works 1 Administration CITY OF NORTH RICHLAND HILLS August 27, 2002 MEMO TO: Dave Green, Planner FROM: RE: Jon Lovell, EIT, Engineer Associate SMITHFIELD ADDITION; BLOCK J, LOT 22R; PS2002-37; Replat Public Works has reviewed the plat submitted to this office on August 6, 2002. We offer the following comments. 1. STATE PLANE COORDINATES NAD 83 coordinates, referenced to a City GPS monument, are required at two property corners. The description of the City GPS monument used to establish the coordinates at the site should also be shown on the plat. 2. RIGHT -OF-WAY Verify the layout of the Davis Boulevard right-of-way along the east property line of the development. 3. EXISTING EASEMENTS Show and label the existing utility easements adjacent to the north and west property lines. Show the existing 15' alley right-of-way south of the development. 4. BUILDING SETBACK LINE Show and label the building setback line adjacent to Davis Boulevard. This memo shall be used in conjunction with the mark up of the plat. Sincerely, , J RUgs/pwm2oo2-o89 cc: Lance Barton, P.E., Assistant Director of Public Works Mike Curtis, P.E., Director of Public Works PO Box 820609 * North Richland Hills, Texas 76182-0609 7301 Northeast Loop 820 * (817) 427-6400 * Fax (817) 427-6404 NI~H J{tLWIl <j1f Public Works / Adr.1:nlstration ('TTY OF NORTH RICHLAND HILLS September 26,2002 Mr. Lanny Wilkinson 1280 S. Main Street, Suite 104C Grapevine, TX 76051 Fax: 817329-5293 RE: SMITHFIELD ADDITION, Block J, Lot 22R Proposed Lube Center Dear Mr. Wilkinson: In review of the plat and special use permit submittals for the October 10, 2002 Planning and Zoning Commission meeting, senior Public Works staff has identified the additional issues that significantly affect the proposed Lube Center development. TRAFFIC IMPACT ANALYSIS A trip generation form was submitted to Public Works as required by Ordinance 2461. While the generation form showed that a relatively low number of vehicle trips will be produced, Public Works feels that a traffic impact analysis is warranted primarily due to the location of the facility. Because the driveway to the site will be located within 100 feet of the intersection of Davis Boulevard and Mid-Cities Boulevard, staff feels that vehicles will have difficulty turning left into the facility due to queuing at the intersection. Vehicles attempting to enter the site may also adversely affect the operation of the intersection. An impact analysis will identify these problems and suggest improvements to the site plan to minimize traffic congestion and prevent accidents. RIGHT-OF-WAY The Regional Transportation Committee recently approved a plan to widen Davis Boulevard. The plan includes intersection improvements at Mid-Cities Boulevard. To allow for an additional right turn lane and dual left turn lanes onto Mid-Cities Boulevard, a 17.5 foot wide strip of right-of-way will need to be dedicated from the east side of your property. The site layout should be modified to account for future improvements to the intersection. P.O Box 820609 .. Ncr.:- ~;cr3"'C Hills Texas 76182-0609 7301 Northeast Loop 820 .. \8~7ì ~<::--6400 .. Fax (817) 427-6404 Smithfield Addition, Block J, Lot 22R Page 2 of 2 September 26, 2002 Please contact my office at 817 427-6400 if you would like to discuss these items or if you have questions. Public Works will continue to work with you to resolve these and any other items affecting the development. ~ ~.ðd- ~.-P.E. Assistant Public Works Director LJB/smm/pwI2002-145 cc: Mike Curtis, P.E., Public Works Director .»..,-_."~-~'~_._'~~--'""~~~-~~~._--".__._.,- NI~H Public Works 1 Administration CITY OF NORTH RICHLAND HILLS October 9,2002 MEMO TO: Dave Green, Planner FROM: Jon Lovell, EI.T., Engineer Associate RE: SMITHFIELD ADDITION; BLOCK J, LOT 22R; PS2002-37; Replat Public Works has reviewed the plat and construction plans submitted to this office on October 3, 2002. We offer the following comments. 1. RIGHT-OF-WAY DEDICATION The Regional Transportation Council has recently approved a plan to widen Davis Boulevard. To accommodate additional traffic lanes, 17.5 feet of the property along Davis Boulevard needs to be dedicated as right-of- way on the plat. Additionally, verify the layout of the existing Davis Boulevard right- of-way as shown on the plat. 2. PROPOSED UTILITIES Due to the improvement of Davis Boulevard, the proposed water and sewer lines should be constructed west of the proposed right-of-way line on the development property. Easements dedicated by separate instrument will be required. 3. STATE PLANE COORDINATES NAD 83 coordinates, referenced to a City GPS monument, are required at two property comers. The description of the City GPS monument used to establish the coordinates at the site should also be shown on the plat. 4. EXISTING EASEMENTS Show the existing 15' alley right-of-way south of the development. 5. BUILDING SETBACK LINE Show and label the building setback line adjacent to Davis Boulevard. This memo shall be used in conjunction with the mark up of the plat. Sincerely, JRUgs/pwm2002-100 cc: Lance Barton, P.E, Assistant Director of Public Works Mike Curtis, P.E, Director of Public Works P.O. Box 820609 * North Richland Hills, Texas 76182-0609 7301 Northeast Loop 820 * (817) 427-6400 * Fax (817) 427-6404 ~. CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 11/11/02 Subject: Consideration of a .Reauestfrom Russell Bruce for the Agenda Number: PS 2002-38 approval of the Final Plat of Lot 1, Block 1 Lil Wyo Addition (located in the 6900 block of Smithfield Road) 2.024 acres Case Summary: Mr. Russell Bruce is requesting approval of the Final Plat of lot 1,Block 1 of the Lil Wyo Addition. The purpose of this plat is to prepare the site for residenti$1 development. The applicant intends to construct a single family residence on the site. The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. Attached are two memos from the Public Works Department concerning this plat. Also attached is a response letter from the applicant's surveyor. Current Zoning: The site is currently zoned R-2 Residential. Comprehensive Plan: The Comprehensive Plan indicates low density residential uses for this area. The proposed use is consistent with the Plan "- Right Of Way: Approximately 1 0' of ROW along Smithfield Road is being dedicated by this plat. Utilities: No issues concerning the extension of utilities to the site have been identified. Flood or Drainage: No portion of this lot is located within the 100-year floodplain. No drainage issues have been identified by staff. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission at their meeting on, October 24, 2002, recommended approval of PS 2002- subject to staff comments by a vote of 6-0. RECOMMENDATION: To approve PS 2002-38 Lot 1, Block 1 Lit Wyo Addition subject m staff comments. Finance Review \..- Sourèe of Funds: Bonds (GOlltev.) _) Operating Budget Other - ~0t2~ Department Head SignatW"e Account Numba' Sufficient Fmds Avalfable FÍDaDce Director ~ 200' Buffer N A NI~H PS 2002-38 Lot 1 Blk 1 Little Wyo Final Plat Prepared by Kellie Smith/Planning o I 200 400 Feet PZ 2002-38 CONSIDERATION OF A REQUEST BY RUSSELL BRUCE FOR THE APPROVAL OF THE FINAL PLAT OF LlL WYO ADDITION LOCATED IN THE 6900 BLOCK OF SMITHFIELD ROAD (2.024 ACRES). APPROVED Zoning Administrator Dave Green summarized the case. This is a two-acre tract of land on Smithfield Road. It is being platted for the purpose of building a single family residence on the site. P&Z approved the preliminary plat. The final plat is in conjunction with the approved preliminary plat. Public Works Department attached a letter making two comments, and staff has responses from the engineer and surveyor. Public Works wants to delete comment #1 on their letter dated October 17,2002. A response is needed for Public Works Comment #2. Staff recommends approval of this plat with the stipulation that Comment #2 was be met. There were no questions and the Chairman called for a motion. Mr. Laubacher, seconded by Ms. Cole, motioned to approve PS 2002-38 subject to staff comments with the understanding that staff comments includes Item #2 only. The motion was approved unanimously (6-0). Mr. Tucker asked for a five minutes recess. The Chairman granted the recess and then resumed the meeting at 8:08 p.m. NRH Public Works / Administration CITY OF NORTH RICHLAND HILLS October 17, 2002 MEMO TO: Dave Green, Zoning Coordinator FROM: RE: Andrea Jobe, EIT, Engineer Associate LlL WYO ADDITION; LOT 1 BLOCK 1 Public Works has reviewed the Final Plat received on October 14, 2002 and offer the following comments: 1. Provide the names of property owners with 100' of the development on the Final Plat. Some of the names provided were incorrect according to the most current TAD records. See the marked up copy of the plat for details. 2. Provide the separate instrument for the offsite sanitary sewer easement. The easement is shown on the Final Plat is a 10' easement, and will be allowed for this development. Also, it is not yet determined that this easement shouldn't also be used for drainage. Depending on the grading and drainage plan that needs to be turned in with the next submittal, this offsite easement may need to be used for offsite drainage as well. o e, E!. T., Engineer Associate ARJ/pwm2002-103 cc: Mike Curtis, P.E, Public Works Director Lance Barton, P.E, Assistant Public Works Director P.O. Box 820609 * North Richland Hills, Texas 76182-0609 7301 Northeast Loop 820 * (817) 427-6400 * Fax (817) 427-6404 LOVD BRANSOM SURVEYORS INC. . CHARLES B. HOOKS JR. REGISTERED PROFESSIONAL LAND SURVEYOR 1028 NOATH SYLVANIA AVE. FT. WORTH, TEXAS 78111 834-3477 FAX 831·9818 October 18, 2002 City OfNoJ1h Richland Hill:; Andrea Jobe, BIT REF: Lot 1, Block 1, Lit Wyo Addition, North Rklútmd NOLf, TCT RESPONSE TO REVIEW COMMENTS OF OCTOBER J 7,2002 1. It has aJways been the understancling of myself an.d everyone I have talked with previously at the City of North. RichJand Hills, that the adjacent properties were shown by names and deed recordings for Unplatted property, and fAt, Block, Subdivision and plat recording for Platted land. Please expwn your intelp1'etation of Section A, Article 9, of the Subdivision regulations. 2. According to. lackey Fluitt, Washington & Associates, the separate instruments have been submitted. At this time we request that the plat ofLil Wyo Addition be put on the next agenda for appropriate action. Thank you, ~~411s .. ,~_ -~"'-._____"_M_'_~"_._~~__._,,___.__~_..~ NI~H Public Works 1 Administration CITY OF NORTH RICHLAND HILLS October 18, 2002 Loyd Bransom Surveyor's, Inc. 1028 North Sylvania Avenue Fort Worth, Texas 76111 Attention: Charles B. Hooks, Jr RE: LlL WYO; Lot 1, Block 1 Paragraph A, Section 900, Article 9 of the North Richland Hills Subdivision Regulations states: All property lines, streets and easements on lands immediately adjacent to and contiguous with the perimeter of the proposed subdivision and extenõmg one hundred (100) feet shan be shown with the names of the owners as shown in the most current Tax Assessor's files; if the adjacent properties are platted, the names of adjoining subdivisions and the names of adjoining streets are to be shown. I interpret this to mean that all properties within 100 feet shall be shown with names of property owners, regardless of platted or unplatted. Subdivision information is to be provided in addition to property owner names if the property is platted. If you have any questions, please contact the Public Works Department at (817) 427- 6400. Andrea Roso Jobe, EIT Engineer Associate ARJ/pwl2002-161 cc: Lance Barton, PE, Assistant Public Works Director Dave Green, Zoning Administrator Jackie Fluitt, Washington and Associates, via fax 817-306-1555 \'---.- '~ CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 11/11/02 Subject: Public Hearing to Consider a Request by Rebel Properties Agenda Number: PZ 2002-31 II for a zoning change from "1-2" Medium Industrial to "R-2" .Residential in the 6300 block of Browning Drive (30.941 acres). Ordinance No. 2670 Case Summary Rebel Properties II is requesting the rezoning of approximately 31 acres of land from "1-2" Medium Industrial to "R-2" Residential. The applicant has been unsuccessful in marketing the site for industrial uses and now wants to develop a single family subdivision instead. The site is located on the western boundary of the city and shares a common boundary with the both the City of Haltom City (on the west) and The City of Watauga (on the north). A tributary of Big Fossil Creek parallels the western boundary of the site while a smaller tributary bisects the site. Plat Status: The applicant has not, as yet, submitted a residential plat for the site. However, the applicant has previously submitted and received approval of a preliminary plat (ref. PS 2001-04 Browning Industrial) for industrial development of the entire tract in question. Following this, the applicant submitted and received approval for a final plat (ref. PS 2002- 20 browning Industrial) of a portion of the site earlier this year. The applicant has never submitted this final plat for filing. Existing Land Uses: The site is currently vacant. Foliage consists primarily of grass with some small trees along a tributary of Big Fossil Creek that bisects the site in an east to west manner. Another tributary of Big Fossil Creek parallels the western boundary of the site. The site topography exhibits a distinct descending slope from east to west. Comprehensive Plan: The Comprehensive Plan indicates industrial uses for the entire site. The applicant's proposed rezoning is not consistent with the Plan. Approval of this request would be a significant change to the recently approved Comprehensiye Plan. In addition, approval of this request will also place screening and· buffering requirements on the existing Industrially-zoned properties located to the east. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget I Other - [þJ -)£~ Account Number Sufficient Funds Available Finance Director Department Head Signature ~1~~ PZ 2002-31 Browning Industrial CC sum. CITY OF NORTH RICHLAND HILLS Doskocil Foods owned by Tyson Foods is located directly east of the proposed zoning request. Doskocil Foods is the city's second largest heavy industry with 378 jobs. Staff ',,- has concerns over the future conflicts with single family homes backing up to a large industrial user and the hardship placed on Doskocil if they choose to expand their operation in the future. Thoroughfare Plan: The south property line is adjacent to Browning Drive a C2U (two lane, undivided, collector street) with 60' of ROW. ADJACENT ZONING/LAND USE: North: City of Watauga I Single family subdivision East: "1-2" Medium Industrial/Industrial (Tyson Foods) & vacant South: "PD" / Apartment complex West: City of Haltom City I Drainage channel of Big Fossil Creek PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission at their meeting on, October 24, 2002, recommended approval ofPZ 2002-31 by a vote of 6-0. Areas of City Council consideration should include: · The Comprehensive Land Use Plan updated in 2001 identified this land for industrial uses. · A major industrial food plant is located directly adjacent to the requested zoning with no '-- buffers and screening provided or required under this request. Land use planning would suggest either a compatible buffer such as office or the requirement for a setback and a masonry screening wall to separate these incompatible uses. · A letter of opposition has .been received by Doskocil Foods stating concerns over potential conflicts with residential housing adjacent to the existing facility. · The approval of this zoning request could limit future expansion of the Doskocil facility. Any consideration of plant expansion for Doskocil could be costly by causing a masonry screening wall and landscape buffer to be placed on the industrial side. · Doskocil is currently the City's 4th largest overall tax payer providing a taxable value of more than $26 million and 378 jobs to the community on approximately 11 acres of land. Comparable value per acre for residential homes on a 31 acre tract zoned R2 would require over 100 homes valued at more than $700,000 each. RECOMMENDATION: If the Council determines that this zoning change Is acceptable, the following motion is recommended: Approval of PZ 2002-31 and Ordinance No 2670. PZ 2002-31 Browning Industrial CC sum. Page 2 of 2 ,..-....... ,.,.~-----~--,._.~~,-~-~--~~~_.'~""- '- 200' Buffer N A NRH PZ 2002-31 6300 Block of Browning Dr. Zoning Change From 1-2 to R-2 Prepared by NRH Planning Dept. 10/11/02 o I 500 1000 Feet I ------------¡o-v~--- 6· 2 Û Û 2 5 : Û Û P M D"~L't"'¡L F""D SER"'¡ V~r\U\'¡ V1J I \ V No· 73 Û 8 p. 4/4 DOSKOCIL FOODS 1br!oJl~_Fooås Ftunily Mr. John Pitstick City of North Richland Hills P.O. Box 820609 North Richland Hirls, TX 76182 Dear Mr. Pitstick, It has been brought to our attention there is a rezoning effort currenlfy in effect on adjacent property to our facility. As Manager of Doskocil Food Service Company- Texas, LP located at 6350 Browning Court. North Richland Hills. I am very concerned about any approach to convert existing Industrial zoned property to Residential zoning. Our facility that exists on Lot A-R1, Block 3 in the Indusbial Park Addition has continuously developed and expanded in the past three years since being purchased from H&M Foods. With this growth we have continued to add valued jobs to this area and continue to be a competitive partiåpant in the Food Service Industry. Currently, Doskocil Food Service Company and Orkin Pest Control utilize the Browning Court Street. We upgraded our current employee parking lot to the north side of Browning Court. Proposed residential access adjacent to our facility puts our employees and guests into a street with increased residential traffic. Seafy Manufacturing, Dish Network and Tyson utilize Wuliger Way with constant heavy truck traffic in the area. As with any heavy industrial facilities there has the potential of higher noise level pattems. commercial security lighting and other non-conforming issues that are not conducive to residential living. As a p~rt of Tyson FOods,lnc, we pride ourselves in continuing to be an integral partner and good neighbor in all communities. We would be apposed to any residential development adjacent to or near any industrial sector. The rezoning initiative would not be advantageous to possible continued growth for our company and we feel would deter families from wanting to invest so close to an industrial setting. I would like to participate in any additional discussions you or anyone else at the City of North Richland Hills office would like to have concerning this matter. Please feel free to contact me at any time. ~~ Kevin Pentz General Manager Doskocil Food ServIce Company-Texas, LP North Richland Hills, TX DOSKOCIL Foods 6350 Browmng Court North RichIand. Hills, TX 76180 (817) 65~507 Fax: (811) ~!1548 PZ 2002-31 PUBLIC HEARING TO CONSIDER A REQUEST FROM REBEL PROPERTIES II FOR A ZONING CHANGE FROM "1-2" MEDIUM INDUSTRIAL TO "R2" RESIDENTIAL IN THE 6300 BLOCK OF BROWNING DRIVE (30.941 ACRES). APPROVED Zoning Administrator Dave Green summarized the case. This site is a 30-acre tract located on the west end of the City. The property immediately to the southwest is in Haltom City. The City of Watauga shares a property line to the north. The property is vacant and shows a pronounced slope from the east side down to the west side of the property. Big Fossil Creek parallels to the western boundary of the site and a small tributary provides drainage for this area. In the past year, a preliminary plat, Browning Industrial, was approved, as well as a final plat, but the final plat has never been filed. Therefore, the property still exists as a metes & bounds description tract. The Comprehensive Plan shows the area as industrial use property. The applicant is requesting R-2 zoning, which calls for 9,000 square foot lots with minimum 2,000 square foot houses. Approval will change the Comprehensive Plan. If approved as a residential property, there will then be a large industrial development to the east, Doskocil, a food preparation plant. If this residential rezoning request is approved, it will impact Doskocil's property. The current ordinance requires a screening wall and a 15-ft. landscape setback or buffer when industrial is adjacent to residential. The residential is following the industrial and will create a nonconforming situation on the industrial areas. This may not be a factor now or in the near future, but it's possible that at some point in time expansion of the industrial areas will come up. If Doskocil wanted to expand, they would need to meet these standards before expansion would be allowed. Mr. Schopper stated that it would be a benefit to the property owners to erect a fence to separate the subdivision from the industrial site. Mr. Green replied that the burden is usually placed on the industrial property. The intent of the regulations was to provide a physical buffer or break when industrial is built close to residential. Usually the residential is there first, followed by industrial. The reverse has occurred in this case. Chairman Bowen opened the public hearing. Mark Wood, 6317 Riviera Dr., North Richland Hills, came forward and stated that he and his partner, Mark Howe, are the owners of this 30-acre tract located on the north side of Browning Drive, west of the railroad tracks, and across from the north end of Iron Horse Golf course and the new apartments (The Bluffs of Iron Horse) on the south side of Browning Drive. He stated that they are requesting a change from 1-2 to R-2. He stated that this is not a speculative zoning request. They have the lots under contract and 100% of the lots are to be sold pending _.,,'____<^'~._.._..__~_,~___~_"_,.___~~~~'__~_~_û_."""_."_,~~~_~.._,,~___' '-'~ being able to develop and deliver them. He stated that their contract does include putting up an 8-ft. wood fence on metal poles down the eastern property line. Mr. Wood stated that he and his partner have owned the property for nine years. There was no street access to the site at that time and they have been trying to sell or develop it for industrial uses since purchase. He explained that they entered into an agreement with the City and surrounding property owners to put in Browning Drive, with the City paying for the bridge just west of the site. He stated that the City benefited by gaining new access to retail areas in North Richland Hills. It also improved traffic on 820 and Watauga Road, as well as providing a secondary point of access to North Richland Hills from Denton Highway via Browning Boulevard that previously did not exist. Unfortunately, as soon as Browning Drive was completed, Haltom City banned through truck traffic on Browning, which did not help to promote commercial or industrial use in that area. Mr. Wood went on to explain that he and his partner have worked with the industrial developer who created the final plat that was never filed. They worked on the project for two years, trying to create a 10,000-15,000 sq. ft. industrial building. Unfortunately, the project failed due to market conditions and the developer eventually backed out. Mr. Wood stated that the market has softened significantly and there is virtually no demand for new industrial properties. He stated that there is quite a bit of vacant industrial on Wuliger Way. He said that with the exception of the expansion of H&M Foods (Doskocil), the only new construction of an industrial-type west of the railroad tracks occurred in 1994 on Browning Court. Nothing new has happened since that time. In summary, he stated that based on the inability to market this property as an industrial project, and based on the strong demand for it as a residential project, he respectfully requested approval for his request. Mr. Lewis stated that he has a concern about the processing plant and the odor that emits from it. Should residential homes be put adjacent to that environment? Mr. Wood stated that it is a valid concern. There were grease issues clogging up the sewers. The city worked diligently to clean up the problems, which have been solved. As H&M continued to grow, they created more concrete, which created more drainage. Mr. Wood stated that he gave H&M a 20-ft. easement on the east property line from the north end to the south cross ditch. They put in a 22-ft. wide drop inlet to pick up a 100-year flood plain to alleviate some of the drainage issues. Chairman Bowen commented that if it were an existing problem there probably would have been complaints from the City of Watauga, which has many single- family residences in the area. The Chairman asked Mr. Woods if the property to the west owned by the City of Watauga is in the flood plain? ~"~-"--_.__._,-_._.._.._~..-._.-.._~-"._.-----"~~--~'----_._~,-"'_.. Mr. Woods stated that most of it probably is. He stated that there is an area west of the creek at the southern end that fronts Browning, where they came in and did some fill. The existing houses were developed up to the (then) current conditions of the flood plain. Since Watauga bought it, they have filled in a good portion of that area. Everything north is in the flood plain. Mark Howe stated that there is a little bit of land along the east side of the creek that is not in the 100-year flood. He stated that the City of Watauga doesn't have access to it and the applicants can't use it because they don't own it. He stated that they plan to back lots up to it. Chairman Bowen called for anyone else wishing to speak for or against this case. There were none and the Chairman closed the public hearing. He called for comments from the Commission. Mr. Schopper commented that this is not just an island of residential surrounded by industrial. There is the Iron Horse Golf Course and apartments nearby. He stated that it is contiguous to other uses and that residential makes sense there. Chairman Bowen stated that he does not believe it will ever develop as an industrial use. Mr. Laubacher commented that although the Comprehensive Plan calls for industrial use, a very good argument was made for making it residential. Ms. Cole, seconded by Mr. Schopper, motioned to approve PZ 2002-31. The motion was approved unanimously (6-0). Mr. Laubacher asked if anything needed to be done to amend the land use plan. Mr. Pitstick explained that if the ordinance is passed by City Council, a stipulation is placed in the zoning ordinance to revise the comprehensive plan. NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION Case #: Applicant: Location: PZ 2002-31 Rebel Properties II, LTD. 6300 Block of Browning Drive (30.941 acres) You are receiving this notice because you are a property owner of record within 200 feet of the above property. Purpose of Public Hearina: A public hearing is being held to consider a request from Rebel Properties II LTD. for a zoning change on the above property from 1-2 Medium Industrial to R-2 Residential. The applicant is proposing to develop the site as a single family residential subdivision. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, OCTOBER 24, 2002 CITY COUNCIL MONDAY, NOVEMBER 11, 2002 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Time: Location: If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 DOSKOCIL FOOD SERVICE, PO BOX 26724 OKLAHOMA OK 7". 26-0000 GHW INVESTMENTS LLC, 2550 S PRECINCT LINE RD FORT WORTH TX 76118-7601 BLUFFS IRON HORSE L TD, 16200 DALLAS PKWY STE 1 DALLAS TX 75248-2667 ND HILLS, CITY - ¿fT'r" OF \-\AL:ïo M. ~\\\ - ¿rrr or ~í7rùGtb t\fpQì~G{l-\- 2 ORDINANCE NO. 2670 ZONING CASE PZ 2002-31 4 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP AND OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 30.941 ACRE PARCEL OF PROPERTY FROM "12" INDUSTRIAL TO "R-2" RESIDENTIAL ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 6 8 10 12 WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 1 0 days before such hearing; and, 14 16 WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, 18 20 WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, 22 24 WHEREAS, the City Council is ofthe opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens ofthe City of North Richland Hills; NOW, THEREFORE, 26 28 30 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 32 Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map ofthe City of North Richland Hills are hereby amended by rezoning a 30.941-acre parcel ofland described on Exhibit "A" hereto, from I2 Industrial to R-2 Residential zoning. 34 36 Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. 38 40 42 Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. 44 Ordinance No. 2670 Page 1 of 2 Section 4: This ordinance shall be in fullforce and effect immediately after passage. 2 AND IT IS SO ORDAINED. 4 PASSED AND APPROVED on this 11th day of November, 2002. 6 CIlY OF NORTH RICH LAND HILLS 8 10 BY: 12 OSCAR TREVINO, MAYOR 14 ArrEST: 16 18 PATRICIA HUTSON, CITY SECRETARY APPROVED AS TO FORMANDYEGALITY: 20 22 24 GEORGE A STAPLES, AITORNEY Ordinance No. 2670 Page 2 of 2 EXHIBIT "A" . ..... -'..~' PROPfRTY DESCRIP170N BEING all that certain tract, parcel, or lot of land located in the TABATHA AKERS'.> SURVEY, Abstract No. 19, Tarrant County, Texas, the remainder of 31.483 acrès recorded in Volume 12276, Page 2073 after R.O.W. dedication for north 1/2 of, " Browning Drive (dedication furnished by client, not found to be recorded) plus '",: 0.222 of an acre received by exchange deed recorded in Volume 899J, Page 1951. and more particularly described as follows; BEGINNING at a point for the beginning of a curve to the right, with a central angle of 11 degrees 46 minutes 12 seconds, a radius of 692.59 feet. a tangent length of 71.39 feet. and a long chord which bears N 84 degrees 14 minutes 08 seconds W, 142.03 feet; Thence an arc length of 142.28 feet to 0 point; Thence N 78 degrees 21 minutes 02 seconds W, 74.60 feet to the beginning of 9:., curve to the left. with a centrol angle of 11 degrees 41 minutes OJ seconds, a:: ',> radius of 767.01 feet. a tangent length of 78.51 feet. and 0 long chord which bears N 84 degrees 11 minutes 40 seconds W, 156. 14 feet; Thence an arc length of 156.41 feet to 0 point; Thence 5 89 degrees 57 minutes 48 seconds W. 481.00 feet to a point; Thence N 00 degrees J9 minutes J5 seconds W, 1574.67 feet to 0 point; Thence N 89 degrees 41 minutes J9 seconds E. 126.82 feet to a point; Thence N 89 degrees 54 minutes 16 seconds E, 723.46 feet to a point; Thence 5 00 degrees 39 minutes 22 seconds E, 1621.37 feet to the POINT OF, BEGINNING, and containing 30.941 acres of land (1,J47,770 square feet), mor~ Of;:;, less. - '., 'f', ., ' s~"" :.0;......'.[ , ""'P- < ·'t .- " " . '. '~"::.~ , .'.:' {;t~·..'~'. . '.;;~~, , .: ')-ti;:'-:, '..,~. ..... .~ ~,. . ;:~~~ :. .~. I, : #·t~;:~t;'" . ':,?',. , ,~:'~ - " ~'.' . . , . ./,...,~ .'.~' ~. ..~, ' L~' :¡... '. \. i. " '¡ 'J": ',~. ~ ;.>;, , ... ! '" .",\ "'. . < ~. ~, " ";'. "',:. .:-:':~',~~. '. ,~"~~' '! . . ..." . :¡;.;. .., ...... ;'. CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 11/11/02 '--- Subject: Public Hearing to Consider Proposed Revisions to·the Agenda Number: PZ 2002-35 definition and permitted zoning districts for Secondary Living Units. Ordinance No. 2671 Case Summary A new permitted use of "Secondary Living Unit" was added to the zoning district in 2001 when the new zoning districts were added. This type of use was allowed in the Town Center zoning district and there was a consensus to this use as a SUP (Special Use Permit) in the residential zoning districts. Secondary Living Units are by definition a second single family residential living unit also known as a mother-in-law unit or granny flat, located on the same lot as the primary living unit. The secondary living unit is only for use by domestic persons and their family and cannot be rented or leased. ',,- A recent case for an SUP for a Secondary Living Unit was recommended for denial by the Planning & Zoning Commission and then approved by City Council with stipulations that the secondary living unit be attached at the roof line by a breezeway. There were several issues that came up at the P&Z meeting and Council meeting regarding the use of secondary living units. Staff gave a presentation at a Council briefing on October 14 and City Council recommended that this item be brought back to P&Z for a formal recommendation. Please see the attached survey of area cities and the proposed new definition for "Secondary Living Unit". After discussion the P&Z Commission recommended that the "Secondary Living Unit" be allowed by right in the R1S, R1 and R2 zoning districts as long as they were connected at the roof line by a breezeway and the unit is not to exceed a maximum of 600 square feet. The Commission felt that the maximum square footage and connection to the main house would discourage these units from being rented in the future. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other -~ ~}2~ Account Number Sufficient Funds Available Finance Director Department Head Signature ~ }§:::::t$i. "'-- PZ 2002-35 Secondary Living Unit CC sum. Page 1 of 2 CITY OF NORTH RICHLAND HILLS RECOMMENDATION: '--.- The Planning & Zoning Commission met on October 24, 2002 and voted 6-0 to recommend that "secondary living units" be permitted by right in the R1S, R1 and R2 residential zoning districts with the following stipulations: 1) all secondary living units be constructed no more than 25 feet from the primary living quarters and be connécted by a breezeway a minimum of 6 foot wide attached to the roof line. 2) The secondary living unit must be of the same architectural style as the primary structure and meet all standards as applied to the primary structure except for the minimum gross living area, the requirement for a garage/carport and off street parking requirements. 3) The maximum square footage of a secondary living unit shall be 600 square feet. To approve Ordinance No. 2671 regarding new regulations for secondary living units. "- PZ 2002-35 Secondary Living Unit CC sum. Page 2 of 2 ,_.---..^".--"-~--.------'~~-'----'~--.'-'.'-- Secondary Living Units Comparison of Area Cities Allows Secondary Units Keller Yes SUP Hurst Yes By right Euless Yes By right Bedford Yes By right Watauga Yes SUP Grapevine No Richland Hills No Regulations 1.5 acre lot 500 sq. ft. max Proposed NRH Yes By right 600 sq. ft. max Connection to House No No No No No Yes Exhibit A Secondary Living Unit - A second single-family residential living unit with kitchen facilities, also known as a mother-in-law unit or granny flat, located on the same lot as the primary living unit. The secondary living unit is only for use by domestic persons and their family or a relative of the occupants of the primary living unit. This unit shall not be rented or leased. All secondary living units shall be constructed no more than 25 feet from the primary living quarters and be connected by a breezeway a minimum of 6 foot wide attached to the roof line. This unit must be of the same architectural style as the primary structure and meet all standards as applied to the primary structure except: the requirement for minimum gross living area; the requirement for a garage/carport; and the off street parking requirements. All secondary living units shall be a maximum of 600 square feet. The unit shall not have a separate utility meter. I RESIDENTIAL DISTRICTS NON·RESIDENTIAL DISTRIC en ro a> ëã a::: c ëã ëã ëã :;:; 0 ëã c ~ :;:; :;:; ~ a> ª Section 310 c c :;:; en a> "t: 'E a> a> a> c E ro "t: "t: "t: ëã a> a> ïñ û) (t ïñ ïñ ïñ :;:; "t: a::: 0 a> ï3 E LL. c ïñ :J: a::: .... a> a> a> a> LL. a> ro a> a::: a::: a::: a> (J) "t: ~ E oð C> "t: a::: ~ ï:: Table of Permitted ~ ~ ~ ïñ a> E E ëã - .J::. C a> UJ (.) 'E 'E a> c ::J ëã ëã 0 .:: ::J .... ëi5 E a::: E :::¡ t5 (t ëã Ü - "1: ::J (t (t (t 0 .e LL. - 'f;? 'f;? UJ E .J::. ëã LL. LL. LL. X ..c Õ I a> .... ::J Ü a> ::J :;:; a::: a> a> 0 "1: '(3 a> a> a> c.. c ..J C :; a> E E 0 E E Uses a> C> C> C> ::J ~ e (t ::E (.) ëã E E "1: .:2 Õ a. - (J) c c c 0 ::E !E (.) ::J 1: "1: 0 ëi5 ëi5 ëi5 I- a> u. 0 0 0 0 0 C) a> .J::. (J) 0 l- N ..- ::E ..J Ü Ü :.::¡ ::E (.) ..- ..- N ('t) ~ <0 CIO :J: ,.... ..- a::: ..- N Ü C/) a::: a::: a::: a::: a::: a::: ::E a::: 0 ..J Ü Ü 0 .- ~ :J - A. RESIDENTIAL USES Single Family Detached Dwelling Unit P P P P P Duplex Dwelling Unit P Triplex or Fourplex Dwelling Unit P P HUD Code Manufactured Home P Multi-Family Dwelling Unit P Boarding or Rooming House S S Townhome P P Ranch and Farm Dwelling necessary to Agricultural use Zero Lot Line SF Dwelling Unit P Personal Care Home and Community Home For S S S S S Disabled Persons (16) Ord. No. 2393 ~ssisted Living Center Ord. No. 2357 S S S S S S S S S S P S S S S B. UTILITY, ACCESSORY & INCIDENTAL USES Accessory Building (1) P P P P P P P P P P P P P P P Home Occupation (2) P P P P P P P P Public and Private Utility Use (Not P P P P P P P P P P P P P P P Office) Communication Tower under 65' in C C C C C C C Height S S S S S S S Communication Tower 65' to 130' in S S S S S S S Height Outdoor Recreation Areas with Elevated Lights S S S S S S S S S S S S S S S Railroad Right-Of-Way (no yards or P P P P P P P P P P P P P P P Stations Secondary Living Unit (Granny Flat) P P P Swimming Pool, Tennis Court and other Outdoor P P P P P P P Recreation Areas without Elevated Lights Telephone Exchange, Switching, Relay Station S S S S S S S S C C C C C C C S S S S S S S TV Satellite Disc Receiver (3) P P P P P P P P P P P P P P P Water Reservoir, Water Pumping P P P P P P P P P P P P P P P Station, Water Well 2 4 6 8 10 ORDINANCE NO. 2671 AN ORDINANCE AMENDING SECTIONS 310 AND 1100 OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE DEFINITION OF THE TERM "SECONDARY LIVING UNIT" AND THE TABLE TO ALLOW USE ON WITH SPECIAL USE PERMIT IN RPS, R1 AND R2 DISTRICTS; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has received the recommendations of the Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission on such matters; and 12 14 WHEREAS, notice has been published of the time and place of a public hearing held before the City Council concerning the changes herein made, which public hearing has been duly held; and, 16 18 WHEREAS, the City Council has detennined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of North Richland Hills; NOW, THEREFORE, 20 22 24 26 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 28 Section 1 : 30 32 Section 2: 34 Section 3: 36 38 40 Section 4: 42 44 Ordinance No. 2671 Page 1 of 2 THAT Section 1100 ofthe Comprehensive Zoning Ordinance of North Richland Hills be amended by amending the definition of "Secondary Living Unit" to read as set forth on Exhibit A hereto. THAT Section 310, the Table ofPennitted Uses, be amended to allow Secondary Living Units only with a Special Use Pennit in RPS, Rl and R2 zoning districts. Any person, finn or corporation violating any provision of the comprehensive zoning ordinance as amended by this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases ofthis ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the 2 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 invalid phrase, clause, sentence, paragraph or section. 4 6 Section 5: This ordinance shall be in full force and effect immediately upon passage. 8 AND IT IS SO ORDAINED. 10 Passed on this 11 th day of November, 2002. 12 CITY OF NORTH RICHLAND HILLS 14 16 By: Oscar Trevino, Mayor 18 ATTEST: 20 22 Patricia Hutson, City Secretary 24 APPROVED AS TO FORM AND LEGALITY: 26 28 George A. Staples, Attorney 30 Ordinance No. 2671 Page 2 of 2 CITY OF NORTH RICHLAND HILLS ?epartment: City Secretary Council Meeting Date: 11/11/02 Subject: Appointments to Planning & Zoning Commission & Capital Agenda Number: GN 2002-130 Improvements Advisory Committee (Place 5) and Park and Recreation Board (Place 5) The position of Place 5 on the Planning & Zoning Commission and the Capital Improvement Advisory Committee is vacant due to the election of Mr. Tim Welch to the City Council. Councilman Whitson is recommending that the alternate, Mr. John Lewis, be appointed to fill the unexpired term of Place 5 on these two boards. The Place 5 position on the Park and Recreation Board is currently vacant. Councilman Whitson is recommending that Ms. Marty Kusmierski be appointed to fill the Place 5 unexpired position on the Park and Recreation Board. Recommendation: To consider the following appointments: 1) Mr. John Lewis to Place 5 on the Planning & Zoning Commission and the Capital Improvement Advisory Committee, term expiring 6/30/2003 2) Ms. Marty Kusmierski to Place 5 on the Park and Recreation Board, term expiring 6/30/2003 Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available Finance Director CITY OF NORTH RICHLAND HILLS department: City Secretary Council Meeting Date: 11/11/2002 Subject: Appointment to Place 5 on the Teen Court Advisory Board Agenda Number: GN 2002-127 The position of Place 5 on the Teen Court Advisory Board is vacant due to the resignation of Ms. Kathy Graves. Councilman Whitson is recommending that Ms. Cheri Walker be appointed to fill the unexpired term of Place 5. Recommendation: To consider the appointment of Ms. Cheri Walker to Place 5 on the Teen Court Advisory Board, term expiring 6/30/2003. ""'""--"" Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available Finance Director ~~ (!YatMiuti ~ Department Head Signature CITY OF NORTH RICHLAND HILLS \.... Department: Fire Council Meeting Date: November 11, 2002 Subject: Approval of Architectural Firm Contract for Fire Stations #4 and #1 - Resolution No. 2002-090 Agenda Number: PU 2002-042 In accordance with City policy, the staff requested proposals for architectural services for the two new fire stations that are to be located on Hightower and the North Davis Boulevard area. The City received 15 proposals from architectural firms. A Fire Station Architect Selection Committee was appointed by the City Manager to evaluate the firms responding to the City's Request for Qualifications for an architect to design the two new fire stations in North Richland Hills. The Committee consisted of the following individuals: 1. Greg Vick, Assistant City Manager 2. Karen Bostic, Managing Director of Administration & Fiscal Services 3. Andy Jones, Jr., Fire Chief 4. Danny Taylor, Assistant Fire Chief 5. Steve Brown, Library Director 6. Ken Raney, Project Manager 7. Gary Bechthold, Park Superintendent ,,-. The Fire Station Architect Selection Committee went through an extensive, multi step process to evaluate Architectural firms that provided the City packets expressing interest in designing the two new fire stations. After an extensive four-phase evaluation process, the committee identified three firms as best responding to the city's RFQ and that would best fit the City's needs. The evaluation phases included site visits to fire stations designed and constructed by the top two firms. The final scoring of the three included consideration of all four phases of the evaluation process. The following three firms were ranked based on the scoring methodology used by the Committee: 1. Randall Scott Architects, Inc. in association with Wiginton Hooker Jeffry Arch itects 2. Petrelli Associates, Inc. 3. Phillips Swager Associates Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds AvallaCle oJ Finance Director Page 1 of _ CITY OF NORTH RICHLAND HILLS '- Randall Scott Architects (RSA) is a 16 year old Architectural, Interiors and Planning firm, based out of Dallas with a municipal architecture background. Principal Randall B. Scott directs this firm as its President and CEO. The firm of Wiginton Hooker Jeffry Architects (WHJ), also out of Dallas, is Randall Scott's fire station design consultant and associate architects for this project and who have designed and programmed 28 fire station projects. Jim Wiginton and Anthony Jeffry are both Principals and Partners in WHJ. Jim and Anthony have designed some 14 fire stations together. Petrelli Associates is a multifaceted design firm out of Arlington, offering services in Architecture, Planning and Interior Design for 15 years. The Principal of the firm, J.W. "Bill" Petrelli, Jr., has 31 years of experience and together with his Project Architect Tom Mills, have completed some 24 municipal facilities including a state of the art fire station in Arlington, Texas and several public safety facilities. Phillips Swager Associates (PSA) is a 48 year old Architectural, Engineering and Planning firm based out of Dallas. Principal-in-Charge Dirk Dalhausser and Project Architect/Project Manager John Main together have designed some 23 fire stations. PSA has total staff resources of 30 people. The selection committee recommended negotiating a contract with the Randall Scotti Wiginton Hooker Jeffry Architect Team. With that in mind, negotiations began and a contract has been developed with Randall Scott/Wiginton Hooker Jeffry Architects. We '-- believe the fees to be reasonable and justifiable. The fees of $282,500 are based upon 8% for Station #4 and 7% for Station #1, plus engineering fees for site work. This is based on a construction budget of $3.75 million for both stations. If construction prices exceed the $3.75 million, the architect will be compensated 7%% for costs over this amount. We anticipate six months for design of each station, and construction time to be about 9 to 12 months. Based upon recent conversations with the architect, the original square footage estimates may be too low. Rather than change at this time, we suggest bidding these and instruct the architect to make every effort to work within this budget. Bidding both together could produce some savings. We also have some contingency plans in the pay-as-you-go reserves that can be allocated for additional funds needed, if any. Recommendation: Authorize the City Manager to sign a professional service contract with the team of Randall Scott Architects and Wiginton Hooker Jeffry Architects to design the City's two new fire stations. ~ CITY COUNCIL ACTION ITEM P::tn... nf RESOLUTION No. 2002-090 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: WHEREAS, in order to protect the public health and safety of the citizens of North Richland Hills, the North Richland Hills City Council finds it necessary to build two new fire stations in the City, WHEREAS, the City has gone through a review process and selected an architectural firm to design these two stations, WHEREAS, the City Council finds that the contract attached hereto will provide for the construction at the best rate and under the best terms available, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. THAT the City Council does hereby adopt the above findings. Section 2. THAT the contract attached hereto and made a part hereof, be and is hereby approved with the firm of Randall Scott Architects, Inc. Section 3. THAT the City Manager is hereby authorized to execute the contract attached hereto, as act and deed of the City. PASSED AND APPROVED this 11th day of November 2002. APPROVED: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: Greg Vick, Assistant City Manager Announcements and Information November 11, 2002 Presented by Councilwoman Johnson Announcements Everything Old is New again at the 3rd Annual Northeast Recycles Day Flea Market! This event will be held on Saturday, November 16th, 8:00a.m. to 3:00p.m. at Richland Business Centre, 6357 Grapevine Highway. Sponsored in part by Northeast Environmental Team (NEET)- a non-profit group of concerned citizens from North Richland Hills,Haltom City, Richland Hills and Watauga. Library cardholders can access nearly 23,000 netLibrary eBooks, electronic versions of printed books that can be read from any personal computer connected to the Internet. Checking out the eBook gives you exclusive use of the book for one day. At the end of 24 hours, the eBook will check itself back in. If you need more time, just check it out again. To access eBook, just follow the link to the netLibrary website. The eBook collection is made possible by the Texas State Library. Citizens Police Academy graduates another class on November 21st. Congratulations to these graduates! The next Citizens Police Academy begins on January 23, 2003, so any citizen interested in signing up can do so by calling 817-427-7000. Information November 23 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. 817 -427 -6570