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HomeMy WebLinkAboutCC 2002-09-23 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA SEPTEMBER 23, 2002 - 6:00 PM For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. I NUMBER I ITEM I ACTION I TAKEN 1. Discuss Items from Regular September 23,2002 City Council Meeting (5 Minutes) Update on Street Overlay and Major Construction Projects 2. IR 2002-131 (10 Minutes) 3. IR 2002-130 Update on Citicable Programs/Activities (10 Minutes) 4. *Executive Session - The Council may enter into closed Executive Session to discuss the following a) Consultation with Attorney as authorized by Local Government Code §551.071 Shelton v. NRH b) Consultation with Attorney as authorized by Local Government Code §551.071 Davis v. NRH c) Land Acquisition for City Facilities as authorized by Local Government Code Section §551.072 d) Personnel Matters Under Government Code §551.074- Fire Department 5. Adjournment *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. pOSTED q-!J.O~ Date ~:OÙ ~ lme 09/23/02 City Council Agenda Page 1 of 4 ~~- CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA SEPTEMBER 23, 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 - Green Valley Elementary, Anita Silva, Principal 3. Pledge - Green Valley Elementary, Anita Silva, Principal 4. Special Presentations Yard of the Month - John Paraskevas, Beautification Commission Member 5. Removal of Item(s) from the Consent Agenda 09/23/02 City Council Agenda Page 2 of 4 - - - -----_._-----"~_._--_._-----,_...,~.,..~-""---~---,,.- .,.._.".~~..---"--~_."._'--~-~~.~«_._.~~~~~-~_._~-,,~ NUMBER ITEM ACTION TAKEN 6. Consent Agenda a. Minutes of the Pre-Council Meeting September 09,2002 b. Minutes of the City Council Meeting September 09,2002 GN 2002-111 c. Authorize City Manager to Sign Settlement Documents - Resolution No. 2002-079 (Executive Session - Shelton Case) GN 2002-112 d. Resolution Authorizing City Manager to Purchase Land for Library (Hometown Area) - Resolution No. 2002-073 PU 2002-037 e. Award 2002 Jail Painting Project to Kurosky & Company in the Amount of $44,922 PU 2002-038 f. Approve Bid for Property Insurance - Resolution No. 2002-078 PW 2002-12 g. Approve CIP Budget Revision for Squire Court Drainage Improvements 7. PZ 2002-16 Public Hearing to Consider a Request from Revision 1 Rebel Properties III Ltd. for a Revision to the Approved PD Planned Development for the Glenwyck Villas Addition (7.379 acres)- Ordinance No. 2657 8. PZ 2002-17 Public Hearing to Consider an Appeal from Frank M. Pleasant for a Special Use Permit (SUP) for a Secondary Living Unit at 7213 Turner Terrace (Denied by Planning and Zoning Commission) - Ordinance No. 2656 9. LRC 2002-01 Public Hearing to Consider a Request by Sam Pack of Pack Properties for Approval of Variances from Ordinance No. 2473 Landscape Regulations 09/23/02 City Council Agenda Page 3 of 4 ----._------~_._.._-_."~,-,,-~"~_.~-_.._~-,~~-~"'~~--_.~-~> NUMBER ITEM ACTION TAKEN 10. PZ 2002-13 Public Hearing to Consider a Request by Sam Pack of Pack Properties for a Zoning Change from C-2 Commercial and 1-2 Medium Industrial to HC Heavy Commercial (Located at 6618 NE Loop 820) for 5 Star Ford Auto Dealership (Item Continued at the 8/26/02 City Council Meeting) - Ordinance No. 2646 11. PS 2002-29 Consideration of a Request by Russell Killen of Halff Associates Inc. for the Approval of a Final Plat of Lots 1, 2R and 3R of the Five Star Ford Addition (Located in the 6600 block of NE Loop 820) 18.78 acres (Item Continued at the 8/26/02 City Council Meeting) 12. PZ 2002-18 Consideration of a Request for Site Plan Approval by Five Star Ford at 6618 NE Loop 820 - (Item Continued at the 8/26/02 City Council Meeting) 13. PZ 2002-25 Public Hearing to Consider an Ordinance Amending the Comprehensive Zoning Ordinance and Adding a New Article IX, "Sexually Oriented Businesses" to Chapter 15 of the North Richland Hills Code of Ordinances - Ordinance No. 2659 Consideration of an Interlocal Agreement 14. GN 2002-113 Establishing the Northeast Transportation Services Urban Transit District (NETSUTD)- Resolution No. 2002-077 15. a) Citizens Presentation b) I nformation and Reports 16. Adjournment POSTED q--~O- 0;;; Date ó2,'¿)O P/17 , Time 09/23/02 City Council Agenda Page 4 of 4 City Secretary ~~ INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2002-131 ~ Date: T Subject: September 23, 2002 Preventive Street Maintenance Program - Status Report The purpose of this report is to update Council on the status of the 2002 Preventive Street Maintenance Program and some key CIP paving projects. The Preventive Street Maintenance Program developed this year consists of an asphalt overlay for 13 streets, slurry seal for 15 streets, crack seal for 24 streets and "whitetopping" of one intersection. The crack sealing is complete for all 24 streets. Only 6 streets are remaining to be slurry sealed and 4 are remaining to be overlaid. Staff is currently investigating the possibility of having the North Tarrant Parkway contractor perform the "whitetopping" project as a change order to his current project. If the contractor does not provide a "reasonable" price to perform the "whitetopping" staff will need to bid the project. The North Tarrant Parkway and Rumfield Road projects are two key CIP paving projects currently under construction. North Tarrant Parkway is on schedule to be completed by February 2003 (within the contract bid time). The County has Rumfield Road open to through traffic. The City's contractor has started the concrete curb and guttering. A more detailed report will be presented to Council during the Pre Council meeting on these projects as well as other key paving projects. Respectfully submitted, ;)Z{,~,L C~~·· Mike Curtis, P.E. Public Works Director L ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS,TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2002-130 ~ Date: T Subject: September 23, 2002 Citicable Update Over the past two years, Citicable ha$ made great strides in changing and updating its programming and on-air shows. We have created new programs and produced several PSA's that better reflect the departments and activities of the City. We have placed a special focus on airing shows that really highlight the City so residents will hopefully gain a better understanding of the benefits of living in North Richland Hills. We offer many great programs and activities in our City and Citicable can promote and advertise these items to our residents. We're excited about what we have been able to accomplish and want to share some of these items with you. Some of these accomplishments include: · New shows · New PSA's · Style of production · Assistance to Departments · New Equipment '- We look forward to sharing the progress of Citicablewith you. Respectfully ~ ~. Public Information Director '- ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS YARD-OF-THE-MONTH September 2002 AREA 1 Larry Harper, 5944 Tourist Dr. Sherry Morgan 589-7764 AREA 2 Rick & Rebecca Vinson, 4709 Deville Jerry Hilliard 577.3640 AREA 3 Jim & Beatrice Green, 6316 Skylark Cr. Tammy Joyce 281 .4882 AREA 4 Wilma Lee, 5009 Cumminas Cher S. Paris 581.1522 994.6778 AREA 5 Jeff & Janet DeHooah, 6116 Roarina Sprinas Rhonda Dolan 498.5963 AREA 6 Stephen & Cheryl Schwaebler, 6917 Meadow Rd. Charlie & Jerry Smith 577.9102 AREA 7 Todd & Sandy Olsen, 8216 Thornbush Dr. Tracy Andrews 514.6819 AREA 8 Rodney & Jody Broussard, 7813 Amy Ln. Scott Wood 253.0697 485-9250 (H) AREA 9 Rhodes & Julie Bolton, 7908 Chaddinaton Dr. Theresa Hampton 428.1672 (h) 972.915.9558 (w) Texas SmartScape Steve & Susan Phillips, 8305 Thornhill Dr. r , 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 - SEPTEMBER 09,2002 - 6:15 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 Paulette Hartman Patricia Hutson George Staples John Pitstick Larry Koonce Mike Curtis Jenny Mabry City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Asst. to City Manager City Secretary City Attorney Director of Development Finance Director Public Works Director Communications Director ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Pro Tem Metts called the meeting to order at 6:15 p.m. DISCUSS ITEMS Agenda Item No.8 - GN 2002-106 - Mr. FROM REGULAR Cunningham advised Council that they had SEPTEMBER 09, been given a revised ordinance, which they 2002 CITY would be taking action on during the regular COUNCIL MEETING meeting. The revised ordinance includes a section for the approval of the amended budget for fiscal year 2001/02. This section was inadvertently left out of the ordinance provided NAN to Council with their packets. Agenda Item 6g - PU 2002-036 - Councilwoman Johnson questioned if there were other companies who performed this type of work. Mr. Cunningham advised that bids were taken several years ago and the contract was awarded to the best bidder. The initial contract is complete and the City has the option to renew the contract for two one-vear terms. ~_...."_._.._____~_____.~_~_._._....~.._.._._____...~_.~.~.,~._,_¥__~______._'_~.o___._._'" __.... Pre Council Minutes September 09, 2002 Page 2 Mr. Cunningham advised that Southwest General Services has done a good job and staff feels it is desirable to extend the contract for an J additional year. NAN MAYOR TREVINO PRESENT AT 6:19 P.M. AND PRESIDED AS CHAIR. IR 2002-126 Mr. Cunningham updated the Council on the STATUS OF status of the Council goals and action items set TARGETS FOR by Council in June 2001 and April 2000. Mr. ACTION FROM Cunningham highlighted each of the goals and JUNE 2001 GOALS action items that have not been completed and RETREAT are still in progress. It was suggested that the June 2001 and April 2000 lists be available for Council at the upcoming Goals Retreat. L.Cunningham IR 2002-127 Mr. Pitstick advised that Council would be DISCUSSION OF meeting with the City's consultants from TIP DATES FOR Development Strategies on October 3 in a work ECONOMIC session with the Planning & Zoning Board and DEVELOPMENT Economic Development Advisory Committee to STRATEGIC PLAN discuss the economic development strategic plan. Council has expressed the desire to meet with the Planning & Zoning Commission on the same night to discuss specific issues. Staff is recommending Council meet from 4:00 to 6:00 p.m. with the Planning & Zoning Commission and meet from 6:00 p.m. to 8:00 p.m. to discuss the Economic Development Strategic Plan. Staff requested Council input on setting an agenda for the meeting with the Planning & Zoning Commission. Council agreed that they would like to discuss with the Planning & Zoning Commission planned development regulations, residential masonry standards and major City Council goals that will affect the Planning & Zoning Commission. Council was also asked to set a date for the second work session with the consultant on the Economic Development Strategic Plan. Consensus of Council was to set the second work session for October 22 at 6:00 p.m. S.Norwood/J.Pitstick Pre Council Minutes September 09,2002 Page 3 ADJOURNMENT Mayor Trevino adjourned the Pre-Council meeting at 6:51 p.m. " 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 - SEPTEMBER 09,2002 -7:00 P.M. 1. CALL TO ORDER Mayor Trevino called the meeting to order September 09, 2002 at 7:00 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 Tem Councilman Councilman Councilwoman Councilman Councilman Staff: Larry J. Cunningham Steve Norwood Greg Vick Patricia Hutson George Staples City Manager Assistant City Manager Assistant City Manager City Secretary Attorney 2. INVOCATION Mr. Greg Vick, Assistant City Manager, gave the invocation. 3. PLEDGE OF ALLEGIANCE Mr. Vick led the pledge of allegiance. 4. SPECIAL PRESENTATIONS PROCLAMATION - PATRIOT DAY - SEPTEMBER 11 Mayor Trevino and Councilman Tolbert presented a proclamation to Police Chief Shockley and Fire Chief Jones proclaiming September 11 as Patriot's Day. City Council Minutes September 09,2002 Page 2 PROCLAMATION - PROSTATE CANCER AWARENESS MONTH Councilman Whitson presented to Mr. Montelle Knapp, representing the American Cancer Society, a proclamation proclaiming September as Prostate Cancer Awareness Month. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE CITY COUNCIL BUDGET WORK SESSION AUGUST 2-3, 2002 B. MINUTES OF THE PRE-COUNCIL MEETING AUGUST 26, 2002 C. MINUTES OF THE CITY COUNCIL MEETING AUGUST 26, 2002 D. PS 2002-32 CONSIDERATION OF A REQUEST FROM WESTERN RIM INVESTORS FOR THE APPROVAL OF THE FINAL PLAT OF LOTS 1- 50, BLOCK B, LOTS 1-13, BLOCK C AND LOTS 1- 2, BLOCK D OF THE ESTATES AT NORTH RICHLANC HILLS ADDITION (LOCATED IN THE 6800 - 6900 BLOCKS OF MID-CITIES BOULEV ARC) 43.906 ACRES E. GN 2002-104 APPROVE A PORTION OF RIGHT-OF-WAY ABANDONMENT ON STARDUST DRIVE - ORDINANCE NO. 2653 F. PU 2002-035 AUTHORIZATION OF LAND ACQUISITION FOR PARK ZONE 16- RESOLUTION NO. 2002-074 G. PU 2002-036 AUTHORIZE CONTRACT EXTENSION WITH SOUTHWEST GENERAL SERVICES, INC. FOR THE BILLING AND COLLECTION OF EMS COUNCILMAN TOLBERT MOVED, SECONDED BY COUNCILMAN WELCH, TO APPROVE THE CONSENT AGENDA. Motion to approve carried 6-0. City Council Minutes September 09, 2002 Page 3 7. GN 2002-105 ADOPTING THE TAX RATE FOR TAX YEAR 2002- ORDINANCE NO. 2651 APPROVED J Ms. Karen Bostic, Managing Director of Administrative/Fiscal Services presented proposed ordinance. Ordinance No. 2651 adopts the tax rate of 57¢ for 2002-03 fiscal year. The tax rate is broken down as follows - 32.94¢ for purposes of operations and maintenance and 24.06¢ for the payment of principal and interest on debt of the City. The rate of 57¢ is a 3.71 % increase over the effective tax rate. Councilwoman Johnson moved, seconded by Councilman Welch, to approve GN 2002- 105, Ordinance No. 2651 setting the tax rate for the 2002-03 fiscal year at 57¢. Motion to approve carried 6-0. 8. GN 2002-106 ADOPTING THE 2002-03 BUDGET - ORDINANCE NO. 2652 APPROVED Ms. Karen Bostic, Managing Director of Administrative/Fiscal Services presented proposed ordinance. Ordinance No. 2652 adopts the proposed 2002-03 budget and revisions to the 2001-02 budget. COUNCILMAN WHITSON MOVED TO APPROVE GN 2002-106, ORDINANCE No. 2652 ADOPTING THE 2002-03 BUDGET FOR ALL FUNDS AND THE REVISIONS TO THE 2001-2002 BUDGET FOR ALL FUNDS. MAYOR PRO TEM METTS SECONDED THE MOTION. Motion to approve carried 6-0. Councilwoman Johnson advised the citizens of the city services and amenities that they receive from the 57¢ tax rate. 9. GN 2002-107 APPROVAL OF 2002 CERTIFIED TAX ROLL- RESOLUTION NO. 2002-072 APPROVED Ms. Karen Bostic, Managing Director of Administrative/Fiscal Services, presented item. Resolution No. 2002-072 certifies and accepts the tax roll. Tarrant Appraisal District has provided the City with the certified tax roll of $2,804,929,399. City Council Minutes September 09,2002 Page 4 COUNCILMAN WHITSON MOVED TO APPROVE GN 2002-107, RESOLUTION No. 2002-072 AND THE CERTIFIED TAX ROLL IN THE AMOUNT OF $2,804,929,399 FOR THE TAX YEAR 2002. MAYOR PRO TEM METTS SECONDED THE MOTION. Motion to approve carried 6-0. 10. GN 2002-108 AUTHORIZING HOMESTEAD, INCREASING OVER 65 AND DISABILITY EXEMPTIONS FROM AD VALOREM TAXES- ORDINANCE NO. 2650 APPROVED Ms. Karen Bostic, Managing Director of Administrative/Fiscal Services, advised the proposed ordinance includes a 15% exemption for residential homestead, a maximum $36,000 exemption from assessed value on residential homestead for persons over the age of 65 and a maximum $36,000 exemption from assessed value of property owned by a disabled person. The ordinance does not allow an exemption to be claimed for both over 65 and disability and no homestead will be subject to both the over 65 and disability exemption. COUNCILMAN WELCH MOVED TO APPROVE GN 2002-108, ORDINANCE No. 2650 PROVIDING EXEMPTIONS FOR HOMESTEAD, OVER 65 YEARS OF AGE, AND DISABLED PERSONS. COUNCILMAN WHITSON SECONDED THE MOTION. Motion to approve carried 6-0. 11. GN 2002-109 REVISING ECONOMIC DEVELOPMENT ADVISORY COMMITTEE - ORDINANCE NO. 2654 APPROVED Mr. John Pitstick, Director of Development, briefed the Council on the background of the ordinance creating the Economic Development Advisory Committee and the purpose of the committee. Mr. Pitstick advised Staff is recommending that the structure of the committee be revised from 13 to 10 members. The proposed ordinance will revise the structure of the committee. COUNCILMAN TURNAGE MOVED TO APPROVE GN 2002-109, REPEALING ORDINANCE No. 2290 AND CREATING ORDINANCE No. 2654 REVISING THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE FROM 13 MEMBERS TO 10 MEMBERS. COUNCILWOMAN JOHNSON SECONDED THE MOTION. City Council Minutes September 09, 2002 Page 5 Motion to approve carried 6-0. 12. GN 2002- 110 APPOINTMENTS TO ECONOMIC DEVELOPMENT ADVISORY COMMITTEE APPROVED Mr. John Pitstick, Director of Development, advised the Council of the names of the current members serving on the Economic Development Advisory Committee. Staff is recommending the appointment of the following 10 members to the Economic Development Advisory Committee to serve staggered terms, expiring in August 2003 & 2004. Janet Golightly (Golightly's Gallery) - term expires 8/2003 Paula Groman (Sir Speedy) - term expires 8/2004 Jim Makens (The Makens Company) - term expires 8/2003 Randy Moresi (North Hills Hospital) - term expires 8/2004 Don Waters (Summit Northeast Bank) - term expires 8/2003 Terry Willey (North Hills Mall) - term expires 8/2004 Alan Young (Alan Young Buick) - term expires 8/2003 Dan Quinto (HomeTown NRH) - term expires 8/2004 Phil Myhra (UICI) - term expires 8/2003 Linda Timmons (Bates Container) - term expires 8/2004. COUNCILWOMAN JOHNSON MOVED TO APPROVE THE APPOINTMENTS TO THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE AS OUTLINED BY STAFF (GN 2002-110) Motion to approve carried 6-0. 13. A. CITIZENS PRESENTATION None. B. INFORMATION AND REPORTS Councilwoman Johnson announced the following: Residents can recycle phone books with their regular recycling service or they can bring them to the Library parking lot. There is a Trinity Waste Services dumpster in the parking lot to recycle phone books. It will be there through September 15th. The library is located at 6720 NE Loop 820. City Council Minutes September 09, 2002 Page 6 Be sure to attend one of the most memorable events of the year---NRH Remembers. The City of North Richland Hills is proud to host this free event as a tribute to the heroes from September 11th. The event will take place on September 10th at 7:30 p.m. at Birdville Fine Arts/Athletic Complex. The Texas Boys Choir will be singing patriotic songs,ß special guest from the US Army will be present, we will be honoring local Police and Fire, along with other patriotic tributes during this memorable evening. For further information, call 817-427-6600. Candidate filing for Place 7 began today and will continue through October 7th. Residents can obtain information about how to file and obtain an application from the City Secretary's Office at 817-427-6060. The election for City Council Place 7 will be on November 5th. Volunteers are needed for Trash Bash 2002! Let's join together to clean up our community on Saturday, Sept. 21, 2002. Volunteers will gather at Fossil Creek Park to receive trash bags and Qloves. The first 75 volunteers will also receive caps and lanvards. A picnic will follow at 11 :30 a.m. along with games, door prizes and karaoke. Please pre-register by calling 817.427.6651 Mayor Pro Tem Metts presented the following information: September 14 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. 817-427-6570 September 17 Job Writing and Resume Workshop NRH Library 7:00 p.m. 14. ADJOURNMENT Mayor Trevino adjourned the meeting at 7:27 p.m. Oscar Trevino- Mayor ATTEST: Patricia Hutson - City Secretary .- . CITY OF NORTH RICHLAND HILLS \'-Oepartment City Council Council Meeting Date: 9/23/02 Subject: Act on Anv Matter Listed Under Executive Session Agenda Number: GN 2002-111 ~ The purpose of this agenda item is to provide authority for the City Council to take action related to the deliberation and discussion from the Executive Session on September 23, 2002. Recommendation: To take action, on any matters related to the Executive Session discussion of September 23,2002. ',,--- Finance Review Source of Funds: Bonds (GO/Rev.) Operatin B d Other Account Number Sufficient Funds Available "-- Finance Director Page 1 of ------~..,----- ^----~---,.__.-,._-_.__.._------- ~.. 4 6 , , 8 10 12 14 16 18 20 2" 24- 26 28 30 32 34 36 38 40 42 4" RESOLUTION NO. 2002-079 WHEREAS, the c;ty Council desires to authorize the City Manager to execute the settlement documents in litigation filed against the City by Ann Shelton; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RlCHLAND HILLS, TEXAS: Section 1: That the City Manager of the City of North Richland Hills is authorized to execute settlement documents in litigation styled as follows: 1. Civil Action No. 4-02CV -0036-A; ANN SHELTON v. THE CITY OF NORTH RlCHLAND HilLS 2. Consolidated Aupeal Title: Case No. 01-11315; ANN SHELTON, Plaintiff-Appellant v. TOM SHOCKLEY, etc., ET AL, Defendants, ALLEN L. HILL, Officer, J.A. Wallace, Officer, Individually, G. CRANE, Officer, Individually; TODD ESPY, Officer, Individually; JOE WALLEY, Officer, Individually, S. A. JOHNSON, Officer, Individually, L. W. IRVING, Officer, Invidually, A. 1. KANCEL, Individually, R. P. MURPHY, Officer, Individually, KEVIN BROWN, Officer, Defendants-Appellees --------------- Case No. 01-11439; ANN SHELTON, Plaintiff-Appellant v. TOM SHOCKLEY, Etc., ET AL, Defendants, TOM SHOCKLEY, Chief of Police, Individually and in his Official Capacity, Defendant-Appellee. AND IT IS SO RESOLVED. PASSED on the day of September, 2002. CITY OF NORTH RlCHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary w:\ General\ReSolutions\SheltonSettleDoCS. Exec. 2002-079wpd 1 4 6 APPROVED AS TO FORM AND LEGALITY: G~ w:\ General\Resolutions\SheltonSettleDocs.Exec.2002-079wpd 2 " -: ~ CITY OF NORTH RICH LAND HILLS Gepartment: City ManaQer Office Council Meeting Date: 09/23/02 Subject: AuthorizinQ City ManaQer to Purchase Land for Library - Home Town Area - Resolution No. 2002-073 Agenda Number: GN 2002-112 In October 1999, the City created TIF #2. This is the Hometown TIF and was designed to fund the library, recreation center, and the Tarrant County College Conference, Training and Performing Arts Facility. Also included in the financing was certain infrastructure costs. In accordance with the Developer Agreement, which was signed last year, the City would acquire a certain amount of land at a fixed price for the library. The land for the library site is not presently developed and has no streets, water or sewer fronting on it. To accommodate the TIF law requirements, and work within our approved Finance Plan, staff recommends the City acquire a small portion of that land at this time. This will meet the conditions of the TIF law and allow Arcadia time to get the utilities and street in place before the City closes on the balance of the property. Accordingly, this authorization will allow the City to acquire about 10,000 square feet of the estimated .,- 53,000 square feet of the library site. We anticipate the balance of the library land will be acquired in the first half of 2003, when all necessary infrastructure is in place. The price agreed upon in the Developer Agreement is $9.84 per square foot for the building site. The parking easement, as in all non-residential Home Town development, is included with the second and final transaction at no additional cost. In the event the streets and utilities are not installed, the City can require the developer to buy the land back at the same price. Recommendation: To adopt Resolution No. 2002-073 authorizing the City Manager to purchase land for the library in the Home Town area. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other P~n,.. 1 nf RESOLUTION NO. 2002-073 -- 4 WHEREAS, the City Council desires to authorize the City Manager to execute the contract for library land acquisition authorizing payment of purchase price; NOW, THEREFORE, 6 8 ~ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 10 Section 1: That the City Manager of the City of North Richland Hills is authorized to execute the attached contract for acquisition of land described therein for the library site, authorizing payment of the purchase price. 12 14 AND IT IS SO RESOLVED. 16 PASSED on the 23rd day of September, 2002. 18 CITY OF NORTH RICHLAND HILLS 20 By: 22 Oscar Trevino, Mayor ATTEST: 24 26 Patricia Hutson, City Secretary 28 APPROVED AS 0 FORM AND LEGALITY: 30 32 1 09117/2002 11:07 8174105757 EXECUTIUE SUITES PAGE 04 D 0 0 0 Q 0 i Cb - ~~ I I ~ 0 0 00 I D I 'iJ 0 ø 0 IJ a 0 . 00 . a ~-'J Il-. . 'J OCQ, "" "" - - JL r , '. R8caiv8d S8P-17-02 10:1Bam From-B174105757 To-City ot North Richla Pai8 04 CITY OF NORTH RICHLAND HILLS "- Department: Support Services / Finance Council Meeting Date: 09/23/2002 Subject: Award 2002 Jail Painting Project to Kurosky & Company Agenda Number: PU 2002-037 in the Amount of $44,922 In the 2001/02 Budget, Council appropriated funds for the painting of the jail in the Police Department. The project includes sand blasting and painting of all areas within the jail. The project will take three weeks and is scheduled to start October 2. During this period the Police Department will be utilizing the jail at the Hurst Police Department. Competitive sealed proposals were solicited and the results are outlined below. Kurosky & Company $44,922 The Rockaway Company $44,750 Burt & Associates $67,335 Using the competitive sealed proposal process, the city sent proposals to over 20 painting companies and contractors. Six attended the pre-bid meeting. The proposal evaluation criteria and points, as stated in the RFP, are [1] similar verifiable successful projects (15 points), [2] proposal cost/personnel assigned to project (20 points), [3] Complete support documentation (10 points), [4] current total bonding capacity/insurance limits/current ',- project activity/total personnel count (15 points), and [5] performance history with owner (5 points). The low cost bidder did not provide several of the above required items. Kurosky & Company submitted all required information and scored 58 out of a possible 65 points. The other companies scored more than 30 points below Kurosky & Company. Kurosky & Company has a successful history as a paint contractor in Tarrant County. Recommendation: To award the 2002 Jail Painting Project to Kurosky & Company in the amount of $44,922. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget ~~ø De artment Head Si nature GJ Budget Director Page 1 of ..L CITY OF NORTH RICHLAND HILLS MEMO TO: FROM: SUBJECT: City Council Members Patrick Hillis, Director of Human Resource9~ Revised Council Cover Sheet Agenda Item PU 2002-038 DATE: September 23, 2002 After submitting our recommendation to Council last week, the City's Risk Manager identified an error with tabulating the property bids. Applying the annual discount for payment of full-premium, TML's bid of $54,483.93 is the lowest bid. Therefore, staff is recommending to Council that the property insurance policy be awarded to TML in the amount of $54,483.93 for the policy term of 10.01.2002 to 09.30.2002. Attached is a "REVISED" cover sheet with the changes from the original cover sheet highlighted. This coverage is equally as broad as that provided by Hartford in our original recommendation; however, with a lower premium. """ '¡- CITY OF NORTH RICHLAND HILLS \ . Department: Human Resources/Risk Management Council Meeting Date: 09.23.02 Subject: Approve bid for Property Insurance Resolution No. 2002-078 Agenda Number: PU 2002.()38 REVISED The City secures commercial insurance for approximately $43 million in property exposures. This amount includes City structures and contents of those structures (furniture, office equipment, etc). Included in this value are twenty-three (23) main municipal locations (fire stations, municipal complexes, park structures, NRH20, senior citizen locations, police property/evidence areas, and booster pump stations/tanks). On September 30 of each year this property insurance policy expires; therefore, the City requested competitive bids for the purchase of this insurance. The Risk Manager involved various staff members in a comprehensive assessment of City structures and contents for this invitation to bid. New bid specifications were drafted to allow bidders the option of bidding property insurance at varying deductible levels. The City also included coverages for extra expense exposures, business income, and for our vehicle exposures while parked on city property. The bid requests were advertised in accordance with state law as well as sent to four brokers and the TML Intergovernmental Risk Pool (TML). One broker, Arthur J. Gallagher and TML submitted a total of eight (8) bids. The bids ranged in cost from $51,948 to $66,532. Bids were ~valuated using the following four (4) criteria: - 1. Insurance Coverage Specifications: Preference was given to bids with deductibles that produced the best cost/benefit ratio as well as bids that included additional coverages such to include business interruption, extra expense, and open lot storage of vehicles. 2. Insurance Company Services: Insurers were evaluated on accessibility and management of 9.I.ªi.rt:l.~...~.~.~~..I.!~.9~...Iºss control services, and policyholder rating as reported by either .@i~;i:~:ªt Iløgïl:::I:::¡I.r~*' 3. Agent/Broker Services: Agent/brokers were evaluated on the experience of the service team that would be handling the account. In addition, municipal references were preferred. The agent/broker also had to submit proof of Errors & Omissions insurance coverage and financial statements. 4. Compliance Inform~tion: Purchasing required that all bidders submit a Non-collusion Affidavit and a Statement of Residency. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget -X- ~~s~n.wre Finance Director Page 1 of 2 CITY OF NORTH RICHLAND HILLS ,I \ Staff recommends that the City's 2002-2003 property insurance be awarded to 111~ provided as follows: · All-risk property coverage with replacement cost provision, blanket limit of $43,691,083 and a 0% coinsurance clause · .~Îi:::::?:w"."""""" . ..... ':::::::::::::"':::::' ·····::::::11¡¡1ItBI.JJII¡¡¡1¡_1~11:1¡.¡¡:1:¡II~II.¡¡¡¡I;¡¡¡li¡¡¡¡IIBm :-- · .¡g'sübmittëd the lowest bid with the addition of loss of income, open lot storage of vehicles, and extra expense coverages. By approving this contract, the City continues its insurance coverage for all of its fixed assets, and acquires insurance coverage for its loss of income exposures due to the inability to operate the water park for a season, its open lot storage of vehicles at any location within the city, and extra expense coverage in the event of a loss that requires the city to rent/lease another building while returning to normal operations. Values have been increased by 6% and the above insurance coverages have been added. Attached is a comparison of current coverage to recommended coverage. Recommendation: To award contract for property insurance to111~ in the amount of I.~IIJ.~II for the policy term of 10.01.2002 to 09.30.2003 as recommended by staff and ,~- aÚthoriz'et'he City Manager to execute the policy agreement. . . '-- CITY COUNCIL ACTION ITEM Page 2 of 2 Attachment.to City Council Property Insurance Yes Yes Yes Yes No No No Yes. Includes media, hardware, data and reproduction costs Yes Yes Yes Yes Yes Yes Yes Yes. Includes media, hardware, data and reproduction costs Ødï::Ät'\t\ æiisYiQ9Q $5,000 $25,000 $10,000 $.083 $10,000 $25,000 $.12 CITY OF NORTH RICHLAND HILLS '--- Department: Human Resources/Risk Management Council Meeting Date: 09.23.02 Subject: A~prove bid for Property Insurance Resolution No. 2002-078 The City secures commercial insurance for approximately $43 million in property exposures. This amount includes City structures and contents of those structures (furniture, office equipment, etc). Included in this value are twenty-three (23) main municipal locations (fire stations, municipal complexes, park structures, NRH20, senior citizen locations, police property/evidence areas, and booster pump stations/tanks). On September 30 of each year this property insurance policy expires; therefore, the City requested competitive bids for the purchase of this insurance. The Risk Manager involved various staff members in a comprehensive assessment of City structures and contents for this invitation to bid. Agenda Number: PU 2002-038 New bid specifications were drafted to allow bidders the option of bidding property insurance at varying deductible levels. The City also included coverages for extra expense exposures, business income, and for our vehicle exposures while parked on city property. The bid requests were advertised in accordance with state law as well as sent to four brokers and the TML Intergovernmental Risk Pool (TML). One broker, Arthur J. Gallagher and TML submitted a total of eight (8) bids. The bids ranged in cost from $51,948 to $66,532. Bids were evaluated using the following four (4) criteria: , "-- 1. Insurance Coverage Sp~cifications: Preference was given to bids with deductibles that produced the best cost/benefit ratio as well as bids that included additional coverages such to include business interruption, extra expense, and open lot storage of vehicles. 2. Insurance Company Services: Insurers were evaluated on accessibility and management of claims handling, loss control services, and a Best's general policyholder rating of "A" and a financial rating of class "XI" or better. 3. Agent/Broker Services: Agent/brokers were evaluated on the experience of the service team that would be handling the account. In addition, municipal references were preferred. The agent/broker also had to submit proof of Errors & Omissions insurance coverage and financial statements. 4. Compliance Infol'f11E,:1tiQn: Purchasing required that all bidders submit a Non-collusion Affidavit and a Statement of Residency. Finance Review "~- Source of Funds: Bonds (GO/Rev.) Operating Budget -X- ~~~~~ Departme"nt Head Signature Account Number 515-9310-712.52.11 Sufficient Funds Availab /liLt-IS Page 1 of 2 CITY OF NORTH RICHLAND HILLS Staff recommends that the City's 2002-2003 property insurance be awarded to Hartford Insurance Company provided as follows: · All-risk property coverage with replacement cost provision, blanket limit of $43,691,083 and a 0% coinsurance clause · Flood/quake coverage with a sublimit of $5,000,000 per occurrence/aggregate · Electronic Data Processing with a sublimit of $3,000,000 per occurrence/aggregate · $50,000 per occurrence deductible for all perils except flood/quake which carries a $25,000 per occurrence deductible · Insurance company, Hartford, has an excellent service and financial rating (A XII) · Hartford submitted the lowest bid with the addition of loss of income, open lot storage of vehicles, and extra expense coverages. The lowest actual bid was submitted by TML at a premium of $51,948. TML's quote adding loss of income, open lot storage of vehicles, and extra expense coverages exceeded Hartford's quote of $55,318. "'-- - By approving this contract, the City continues its insurance coverage for all of its fixed assets, and acquires insurance coverage for its loss of income exposures due to the inability to operate the water park for a season, its open lot storage of vehicles at any location within the city, and extra expense coverage in the event of a loss that requires the city to rentllease another building while returning to normal operations. Values have been increased by 6% and the above insurance coverages have been added. Attached is a comparison of current coverage to recommended coverage. Recommendation: To award contract for property insurance to Arthur J. Gallagher in the amount of $55,318 for the policy term of 10.01.2002 to 09.30.2003 as recommended by staff and authorize the City Manager to execute the policy agreement. "- CITY COUNCIL ACTION/rEM Page 2 of 2 ...,~"-_._.."-'-"._._~~'--.".~'^---~--~~._------ Yes Yes Yes Yes Yes Yes Yes Yes No Yes No Yes No Yes Yes. Yes. Includes media, hardware, Includes media, data and reproduction hardware, data and costs reproduction costs $5,000 $50,000 $25,000 $10,000 $10,000 $25,000 $.083 $.12 RESOLUTION No. 2002-078 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1 : THAT the City Manager is hereby authorized to execute an agreement with the Hartford Insurance Company for the purchase of property insurance for the City of North Richland Hills. AND IT IS SO RESOLVED. PASSED AND APPROVED on the 23rd day of September 2002. CITY OF NORTH RICHLAND HILLS By: T. Oscar Trevino, Jr., Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, Attorney APPROVED AS TO CONTENT: Patrick Hillis, Director of Human Resources CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 9/23/2002 Subject: Approve CIP BudQet Revision for Squire Court Drainage Improvements This project was originally approved by Council in the 2000-2001 Capital Projects Budget. It consisted of constructing a concrete flume along the back property line of several property owners located on Squire Court and Jester Court. Two residents on Squire Court and three residents on Jester Court have been experiencing flooding problems on a regular basis. Agenda Number: PW 2002-012 The impacted property owners originally informed City staff that all necessary drainage easements would be dedicated to the City if the City would fund the needed improvements. The 2000-2001 budget was developed based on this commitment from the property owners. After the project was designed, staff discovered that one property owner was not willing to dedicate the required drainage easement. City staff and the adjacent property owners met with this individual several times over the next 12 months, but were unsuccessful in persuading him to dedicate or even sell the easement to the City. '-- Staff instructed the engineer to investigate other options. The next "reasonable" option would consist of moving the concrete flume so that it is not located on the property owned by the individual not willing to provide the easement. This option is more expensive because it causes more damage to other properties and requires a valley gutter to be constructed in the Jester Court cul-de-sac. The original project cost and revised project cost are summarized below. Desi n Construction Total Original Cost $ 9,000 $ 31,000 $ 40,000 Revised Cost $ 20,000 $ 90,000 $ 110,000 Difference $ 11,000 $ 59,000 $ 70,000 The additional funds for this project will come from the Calloway Branch Assessment (Billy Graham settlement - $40,000) and from completed projects savings ($30,000). Recommendation: To approve the CIP budget revision for the Squire Court Drainage Improvements project. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number 13-53-16-6000/99-13-53-016 Sufficient Funds ÄvallaDle 305-0000-603.79-00 M~I:riC.-i:.' Departme Head Signature Finance Director Budget Director Page 1 of _ ·~_^·_·,·~~_,·..~,__=~~__~_o,_,.___~,~______, Drainage Capital Projects Squire Court Drainage Improvements PROJECT DESCRIPTION & JUSTIFICATION This project consists of constructing an 8-foot wide concrete flume along the back property line of two properties that are located on Squire Court. Two residents on Squire Court have been experiencing flooding problems on a regular basis. The new flume and some minor grading will help to mitigate this problem. Since the flume will be located along the back property line, new fences will need to be installed along both sides of the flume. PROJECT STATUS Original 2002/2003 Original 2002/2003 Start Date Revision End Date Revision Engineering 10/2000 10/2002 02/2001 11/2002 Construction 03/2001 01/2003 07/2001 OS/2003 REVISION EXPLANATION The original project budget of $41,000 was developed with the understanding that the impacted property owners would dedicate a drainage easement for the necessary improvements. One property owner has decided not to dedicate or sell the easement to the City. As a result, the project was redesigned and the concrete flume will not be located on the property owned by the individual not willing to provide the easement. This new design will increase the cost of the project mainly due to the required addition of a valley gutter to be constructed in the Jester Court cul-de-sac. Additionally, no project expenditures were included in the 2002/2003 adopted budget. Therefore, this revision is also required to gain Council approval of fund appropriation. FINANCIAL DATA Total Funding Source Amount to 2002/2003 2002/2003 Remaining Project Date Adoþted Budget Budget Cost Existing: Drainage Utility Fund $40,000 $0 $0 $0 $40,000 Proposed: Calloway Branch Assessment 0 0 40,000 0 40,000 G.O. Bonds, 2000 Series ('85) 0 0 22,071 0 22,071 Drainage Utility Fund 0 0 7,929 0 7,929 Total $40,000 $0 $70,000 $0 $110,000 Project Expenditures Engineering $9,000 $0 $11,000 $0 $20,000 Right-of-Way 0 0 0 0 0 Construction 0 0 90,000 0 90,000 Total $9,000 $0 $101,000 $0 $110,000 IMPACT ON OPERATING BUDGET Maintenance of drainage improvements. Annual Operating Impact Pro'ected · .', ._"----_._,~~-"- ,.---_.._..'-..,~,'.'-~-..- ,~ CITY OF NORTH RICH LAND HILLS Department: Plannina & Inspections Department Council Meeting Date: 9/23/02 \,-, Subject: Public hearina to consider a request from Rebel Properties Agenda Number: PZ 2001-16 R1 III Ltd. for a revision to the approved PD Planned Development for Glenwyck Villas Addition (7.379 acres). Ordinance No. 2657. Case Summary Rebel Properties III Ltd. is requesting approval of a revision to the approved Glenwyck Villas Planned Development Site Plan (ref. PZ 2001-16). The approved plan shows three areas as open space/common areas with the remainder of the site proposed for 37 single family residences. One of these open space areas, Lot 22, Block 2 was proposed as a drainage detention site for the development. As the applicant proceeded with the engineering of the site for the preliminary and final plats (both subsequently approved) revisions were made to the development's overall drainage plan. These improvements channeled the development's drainage through off- site easements to an existing system east of the site. The result of these changes has made the use of Lot 22 as a detention facility unnecessary. The applicant is now proposing that the approved development plan be revised to show residential uses for Lot 22. Attached is a memo from the Public Works Department supporting this revision. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission at their meeting on September 12, 2002, recommended approval of the request subject to the following stipulation; 1) Note No. 4 on the site plan will be revised to reflect 30 lots will have a minimum size of 1800 square feet. SITE PLAN UPDATE: Commission's motion. The applicant has revised the site plan in accordance with the FinanCè Review Source of Funds: Bonds (GOlRev.) Operating Budget Other Account Number Sufficient Funds Available ---l£2 ~ W Finance Director Department Head Signature ~..~~ - (ty Manager Si l PZ 2001-16 R1Glenwvck Villas CC. M.·". ..__. _ ,._..,."~, ~._. ....'_~__...__...'".. ._~___. ..... ._~.__,.¥___. _ .. CITY OF NORTH RICH LAND HILLS ."- If the Council determines that this Plan revision is acceptable, the following motion is recommended: Approval of PZ 2001-16 R1 and Ordinance No. 2657. 3921 3917 3913 3909 6470 6504 6508 6512 6516 6520 6520 N A NRH PZ 2001-16 R1 3901 Glenwyck Dr. Lot 22, Block 2 Glenwyck Villas Addit. Prepared by Kellie Smith/Planning Dept. 8/29/02 o 100 200 Feet I NRH Public Works / Administration CITY OF NORTH RICHLAND HILLS September 5, 2002 MEMO TO: Dave Green, Planner FROM: RE: Andrea Jobe, EIT, Engineer Associate September 12, 2002 P&Z Agenda Items Reviewed By Public Works Public Works has reviewed the following items for the current P&Z Agenda and offer the following comments: 1. Preliminary Plat for GREEN VALLEY ADDITION. PHASE 2; BLOCK 1. LOT 2; PS 2002-31 ~ All Preliminary Plat comments from Pubüc Works have been addressed. 2. REVISED GLENWYCK VILLAS PD; PZ 2001.16 R1 > Only one item remains outstanding, the drainage easement filing information has not been provided for the 20' X 90' section on Tract 2G07 of Abstract 953, part of the Lynch, Mahaly Survey. All other Public Works comments have been satisfied, and we recommend this information be provided before this case goes to City Council. ARJ/pwm2002-093 cc: Mike Curtis, P.E., Public Works Director Lance Barton, P. E., Assistant Public Works Director po. Box 820609 * North Richland Hills. Texas 76182-0609 ¡301 Northeast Loop 820 ... (817) 427-6400 * Fax (817) 427-6404 PZ 2001-16 Rl PUBLIC HEARING TO CONSIDER A REQUEST BY REBEL PROPERTIES III LTD. FOR A REVISION TO THE APPROVED PD SITE PLAN FOR THE GLENWYCK VILLAS ADDITION LOCATED IN THE 6400 BLOCK OF GLENVIEW DRIVE (7.379 ACRES). APPROVED Zoning Administrator Dave Green summarized the case. This was a planned development that was approved by P&Z and City Council last year. The preliminary plat and a fInal plat were also reviewed and approved during the past year. At the time that the PD Site Plan was put together by the applicant, there was a proposal to make Lot 22, Block 2 a common open space/detention pond. Since then, the applicant has obtained offsite drainage easements that will exit this subdivision and travel to the east to an existing system. That drainage does not require a detention pond on Lot 22, therefore, the applicant is requesting that Lot 22, Block 2, be approved as a residential lot. If approved, a change will be required to the notes on the plat. Note number 4 references the number oflots and particular size of residential structure to be built on all of the lots in the Glenwyck Villas Addition. Staff requires that note number 4 change from 29 lots with a minimum of an 1800 sq. ft. size house to 30 lots that will have a minimum 1800 sq. ft. house size. P&Z recommendation ~hould note approval subject to that staff comment. Chairman Bowen called for questions. Mr. Welch stated that the Public Works comments indicate that the drainage easement has been fIled at the Courthouse, but Mr. Welch asked for confIrmation that the easement has been acquired. Mr. Green affIrmed that the easement has been acquired. There were no further comments or questions of staff and the Chairman opened the public hearing and asked for anyone wishing to speak for or against this request to come forward. Mark Howe, 3100 Court, Colleyville, Texas, one of the partners in the Rebel III development came forward. He stated that as they went through this process earlier last year, P&Z and Council asked for the elimination of the detention pond, if possible. Mr. Howe stated that they went to the adjacent property owners to acquire easements, at some expense, so the detention pond could be eliminated and turned into a residential lot. He stated that the easements have been acquired. Mr. Schopper asked if the note at the top of the plat that states "38 lots total" needs to be corrected to 39 total lots, in addition to the correction to note number 4. Chairman Bowen explained that the total of38 at the top of the original plat was an error, it should have been 37 total and the additional Lot 22 now makes it 38 overall so 38 is correct. There were no further requests to speak and the Chairman closed the public hearing. There were no further comments ITom Commission members and the Chairman called for a motion. Mr. Schopper, seconded by Mr. Tucker, motioned to approve PZ 2001-16 Rl, making a revision to note number 4 to reflect 30 lots. The motion carried unanimously (7-0). 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 ORDINANCE NO. 2657 ZONING CASE PZ 2001-16 Rl AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND COMPREHENSIVE PLAN OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, BY AMENDING THE PLANNED DEVELOPMENT SITE PLAN ON CERTAIN PROPERTY IN THE CITY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners wi thin 200 feet ofthe 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 of the 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 ofthe citizens ofthe City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Zoning Ordinance and Comprehensive Plan of the City of North Richland Hills are hereby amended by adopting the amended C-l PD site plan for that property located at 5901 Glenwyck Drive and containing approximately 7.379 acres ofland, being more fully described as Lot 22, Block 2, Glenwyck Villas Addition, North Richland Hills, Tarrant County, Texas, described by metes and bounds as set forth on Exhibit "A" hereto, as set forth on the site plan attached hereto and incorporated herein as Exhibit "B." W :IN GeneraIIOrdinances·DraftIPD. GlenwyckVillas.2657. wpd Page 1 1 3 5 7 9 11 13 15 17 19 21 ',3 25 27 29 31 33 35 37 39 41 43 Section 2: Section 3: Section 4: Section 5: Section 6: Section 7: Section 8: The zoning districts as herein established have been made in accordance with a Comprehensive Land Use Plan for the purpose of promoting the health, safety, morals and general welfare of the community. The official zoning map, of the City of North Richland Hills is hereby amended and the City Secretary is hereafter directed to revise the zoning map to reflect the amendments as set forth above. 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 ofthe remaining phrases, clauses, sentences, paragraphs and sections oftrus 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. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances affecting health and safety which have accrued at the time of the effective date ofthis ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final disposition by the courts. Any person, firm 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. 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. This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. PASSED AND APPROVED this 23rd day of September, 2002. W:IN GeneraIIOrdinances-DraftIPD. GlenwyckVillas.2657. wpd Page 2 1 3 5 7 9 11 13 15 17 19 ATTEST: Patricia Hutson, City Secretary W:IN GeneraIIOrdinances-DraftIPD. GlenwyckVillas.2657. wpd By: CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor Page 3 0:. CITY OF NORTH RICHLAND HILLS ,'¡ Department: Planning & Inspections Department Council Meeting Date: 9/23/02 '--- Subject: Public hearing to consider an appeal from Frank M. Pleasant Agenda Number: PZ 2002-17 for a Special Use Permit (SUP) for a Secondary Living Unit at 7213 Turner Terrace (Denied by Planning and Zoning Commission). Ordinance No. 2656. Case Summary In November of last year, the City Council made a revision to the Zoning Ordinance (ref. Ordinance No. 2577) permitting Secondary Living Units otherwise known as a mother-in- law unit or granny flat in single family residential zoning with a Special Use Permit (SUP). This case represents the first request for this type of use. The proposed dwelling unit will be 27' X 16" (432 sq. ft.) and be located in the right rear portion of the lot behind the existing residence (see bottom attached photo). The unit will have it's own living, sleeping, bathroom and kitchen facilities. A covered porch is provided on the side facing the main residence. The following is comparison of the requirements of the Secondary Living Unit criteria and the applicant's proposal. · A secondary unit may be permitted in any single family residential district after approval of a Special Use Permit (SUP). The applicant's property is zoned R-2 Residential. "- · The unit is to be used by the property owner and their families or a relative of the occupants of the primary residence. The applicant is constructing this unit for his father-in-law. · The unit shall not be rented or leased. The applicant understands this condition. · On lots less than % acre in size, a walkway or similar feature shall connect the primary and secondary structures. The applicant's site plan shows a 6' sidewalk from a deck at the rear of the fTÎain house to the proposed unit. Finance Review Source of Funds: Bonds (GOlRev.) Operating Budget Oili~ === ~ -~ ).w Account Number Sufficient'Funds Available Finance Director Department Head Signature -~~ ~ ~~ . - . .. City Manager Si~ ',,-- PZ 2002-17 Frank Pleasant SUP cc. CITY OF NORTH RICHLAND HILLS · The unit must meet the same architectural style as the primary structure. The proposed dwelling is a very simple design with masonry construction on all four sides and an asphalt single roof with 4/12 pitch. This is similar in style to the existing house. · All standards except for: minimum gross living area, requirement for a garage/carport, and off-street parking must be met. The dwelling and it's location meet all requirements for residential development except for those mentioned above. · The unit shall not have a separate utility meter. The unit will utilize existing water and electrical meters. Comprehensive Plan - The Comprehensive Plan recommends low density single family uses for this site and the surrounding neighborhood. Zoning/Land Use - The site is currently zoned R-2 Residential. North: East: South: West: R-2/Singlefamily residences R-2/Single family residences R-2/Single family residences R-2/Single family residences ',,- PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission at their meeting on August 22, 2002, recommended denial of PZ 2002-17 by a vote of 4-3. REQUEST STATUS: The Zoning Ordinance permits applicants who have received a recommendation of denial from the Planning and Zoning Commission to appeal that decision to the City Council. Appeals must be received from the applicant within 10 days of the Commission's decision. Attached is an appeal letter from Mr. Pleasant received within the required timeframe. Staff has become aware of subdivision deed restrictions for this neighborhood that would not permit the proposed structure. The City Attorney has reminded staff that deed restrictions are agreements between private property owners within the subdivision and are not enforced by the City. In addition there has been some discussion concerning the renting of a unit once the family no longer needs it. Staff is reviewing enforceable options to preclude such units to be commercially rented to a non-family member. There are ways to enforce this including receiving neighborhood complaints or annual registration and inspections. A Petition of Opposition was submitted on this case just prior to the Commission's public hearing (see attached map). Staff has reviewed the petition and has found it to meet the state law conditions for requiring a three-fourths Council vote to approve the appeal. "-- If Council determines that this Special Use Permit Is acceptable, the following motion is recommended: Approval of PZ 2002-17 and Ordinance No. 2656. PZ 2002-17 Frank Pleasant SUP CC Page 2 of 2 .~_·_,~_~~·n ~~~~~r-··~·--··T:-V-:- ill ~ .H~J(UUN-=-- RECISTERED PROFESSIONAL LAND SURVEYOR SERVINC TEXAS FOR 35 YEARS - 1960 - 1995 ) 6717 CALMONT AVENUE FORT WORTH. TEXAS 76116 817-731-0587 FAX 817-732-2014 Lot 8. Block la, North Richland Hills Addition, Tarrant County, Texas according to the Plat and Dedication recorded in Volume 388- I, Page 72, Plat Records, Tarrant County, Texas. Bearings are based on recorded plat LOT 15 1/2" TRS N 90·00'00" E 100.00' 5' UT LITY EASEME -- :r- ~ FENCE CORNER &' a a a a li) l.r) /:'-.. /:'-.. ..... ~ k¡ : LOT 9 a a LOT 7 a a \~ a a ~ ~ a i a a \ a ~ - \ C/J '<'i ONE STORY BRICK &: FRAME '" . ~ 7.6 '" ~ ) . . co, ~ 15.6 35' B. L. ~ -'CRTI-¡' i ~~ " .,: ..?- 1 /z"-W ~ ',¡..r-, . (ÇMy.... ... 1.,'/.. ". . .-' -'.':.-."", ~ \ ." ~ .....,...../; /.,..... ~}. \ .. "_' ~'...~-{""; t::::. \ . iI', ..../ '-' I ~ .,..) . '<, !:; ~~. 1;;; ", ,",4. ", .{~.'-'~, ¡::: ...,~!. c-, ·:1t-/A . (, "~ '/~~ .. ~ .,,,,..:~ ,; . " v Æ -;';" ~- "," ',.,/' '~-:~.:..-" ~ Eo-. c.r:: ~ 1/2" IRF (CM) N 90'00' 00" W 100.00' ;.J,^"r<.1" f"\<t-rt.- 7 213 TURNER TERRACE 1 " =30 ' ACCORDING TO THE FIRJI PREPARED BY FEJlA THIS PROPERTY IS NOT TN THE 100 YEAR FLOOD ZONE. COMMUNITY PANEL NUMBER 480607 0303 H DATED AUGUST 2. 1995 (LiES "ITHIN ZONE X ) I 00 HEREBY CERTIFY THAT THIS SURVEY I,IAP REPRESENTS AN ON THE GROUNO SURVEY OF THE PROPERTY LEGALLY DESCRIBED HEREON. ANO TO THE BEST OF IoIY KNOWLEDG£ ....... ~..., .~t"' ,~ "''''OOC',..T "1011"'\ n~A.T TWS'Ø~ AQJ' Nn ~ -o-.CHAIM._ FENCE -x..wooo FENCE ·E· -ELECTRIC LINE !I IoIEMBER T el05 SOcIety 01 .----.& ?'ate~slonOI ( TITLE CO. SOUTH1fEST ) I r '" IV" Q¡;n.'wn.94 NI~H Public Works I Administration CITY OF NORTH RICHLAND HILLS July 30, 2002 MEMO TO: Dave Green, Planner FROM: RE: Andrea Jobe, EIT, Engineer Associate NORTH RICHLAND HILLS ADDITION; BLOCK 10, LOT 8 Public Works has reviewed the plans submitted on July 24, 2002 for the Special Use Permit and offers no comments. All requirements have been met by the applicant and I recommend putting this item on the next possible P&Z agenda. ARJ/pwm2002-083 POBox 820609 1r North Richland Hills, Texas 76182-0609 7301 Northeast Loop 820 1r (817) 427-6400 1r Fax (817) 427-6404 NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CASE #: PZ 2002-17 Frank M. Pleasant 7213 Turner Terrace Lot 8, Block 10 North Richland Hills Addition You are receiving this notice because you are a property owner of record within 200 feet of the above property. PurDose of Public Hearina: A public hearing is being held to consider a request from Frank M. Pleasant, for a Special Use Permit (SUP) for a Secondary Living Unit also known as a mother-in-law unit or granny flat. This secondary dwelling will be occupied by an elderly relative of the " applicant and will be located in the rear of the existing residence at the above address. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, AUGUST 22, 2002 CITY COUNCIL MONDAY, SEPTEMBER 9, 2002 7:00 P.M. Time: Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS 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 NOTICE OF REVISED PUBLIC HEARING DATE NORTH RICHLAND HILLS CITY COUNCIL CASE #: PZ 2002-17 Frank M. Pleasant 7213 Turner Terrace Lot 8, Block 10 North Richland Hills 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: A public hearing is being held to consider a request from Frank M. Pleasant, for a Special Use Permit (SUP) for a Secondary Living Unit also known as a mother-in-law unit or granny flat. This request was recommended for denial by the Planning & Zoning Commission on August 22, 2002. The 'applicant has requested an appeal to the City Council. This appeal will be heard at a public hearing scheduled for the date and time listed below. Revised Public Hearina Schedule: New Public Hearing Date: CITY COUNCIL MONDAY, SEPTEMBER 23, 2002 Time: 7:00 P.M. Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS 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 NI~H N A PZ 2002-17 SUP (Secondary Living) 7213 Turner Terrace Prepared by Kellie Smith/Planning Dept. 8/9/02 o 200 400 Feet MCWORTER, PATRICE A 7300 BRILEY DR NORTH RICHLAND HILLS TX "7~180-8268 BARNES, GREGORY 0 & LISA 7212 BRILEY DR NORTH RICHLAND HILLS TX 76180-8266 BY AS, MARCY 7301 TURNER TER FORT WORTH TX 76180-8683 BROOKS, DELORES 7205 TURNER TER FORT WORTH TX 76180-8617 MALLOY, MICHAEL ETUX KIMBERL Y 7216 TURNER TER NORTH RICHLAND HILLS TX 76180-8618 CKER,KENNETHETUXJUDY L.YNN 319 FM 407 RHOME TX 76078-3056 MORRIS, MARION E JR & DOROTHY 7304 BRILEY DR FORT WORTH TX 76180-8268 HENLEIN, J JEAN 7208 BRILEY DR FORT WORTH TX 76180-8266 BULLARD, NICKI S 7217 TURNER TER FORT WORTH TX 76180-8617 HARDISTY, MARY LOU 7201 TURNER TER FORT WORTH TX 76180-8617 CLARK, DENNIS M ETUX VICKI K 7212 TURNER TER FORT WORTH TX 76180-8618 ALBAUGH, THOMAS 7216 BRILEY DR FORT WORTH TX 76180-8266 DENNIS, KENNETH ETUX MARIL YN 7204 BRILEY DR NORTH RICH LAND HILLS TX 76180-8266 BUTLER, ELIZABETH A 7211 TURNER TER FORT WORTH TX 76180-8617 MASSEY, CATHERINE L 7300 TURNER TER FORT WORTH TX 76180-8681 HAMILTON, JOHN & MELANIE 7208 TURNER TER FORT WORTH TX 76180-8618 PZ 2002-17 PUBLIC HEARING TO CONSIDER A REQUEST FROM FRANK M. PLEASANT FOR A SPECIAL USE PERMIT (SUP) FOR A SECONDARY LIVING UNIT AT 7213 TURNER TERRACE. DENIED Dave Green, Zoning Administrator, summarized the case. This is the fIrst request of its type since Council passed a revision to the Zoning Ordinance permitting secondary living units with a Special Use Permit (SUP). The proposed unit will be approximately 27' X 16' (432 square feet). All four sides will be brick and the roofwill have a 4/12 pitch with asphalt shingles. Mr. Green also noted that a petition of opposition has been submitted on this case. Chairman Bowen opened the public hearing. Frank M. Pleasant, applicant, 7213 Turner Terrace, asked for this request for his father- in-law who is ill, yet independent, and wants his privacy. He stated that he has abided by all the requirements that City staff requested. Mr. Tucker asked why the applicant didn't attach this unit to the house, rather than keeping it separate. Mr. Pleasant repeated that his father-in-law wants privacy. Mr. Nehring commented that he likes the idea of the separate unit but has problems with it should that family member not live in the unit any longer. He asked Mr. Pleasant ifhe would then rent it out. Mr. Pleasant assured Mr. Nehring that would not happen as long as he owned the home, and he further stated that he plans to live at that address for a long time. Mr. Welch commented that he has the same concerns as Mr. Nehring. He stated that if the applicant retires in a few years and decides to move elsewhere, there is no control over who is going to rent or sublease that area behind the house. He stated that as far as marketability, it makes more sense to attach it to the existing structure. Mr. Tucker commented that the Homeowners Association rules take precedence over the City regulations. He commented that depending on how the subdivision deed restrictions are written the issue of having a second living area could become a civil matter. Chairman Bowen added that even without a Homeowners Association, but with deed restrictions, the neighbors could take action. Mr. Pleasant responded that there is a secondary living unit at 4224 Ken Michael that is bigger than the one he wants to build. He stated that there are several such structures around the City. Chairman Bowen responded that those were probably not permitted since up until the time of this ordinance, structures of this type were not legal. Mr. Pleasant replied that the City has not taken action against any of those homeowners who built secondary living units without obtaining a permit. He stated that he is being burdened by trying to do this by the book. He stated that he feels it is unfair and he wishes the City Council wouldn't put ideas in people's heads and then take it away &om them. Chairman Bowen explained that part of the reason for this being a special use permit request and not a use permitted by right is to allow the City to look at each request and decide if it is appropriate in that single instance. The purpose of this hearing is to detennine if it is appropriate in this instance to allow this facility. Mr. Welch explained that if the applicant attached this structure to his main structure he would only need a building permit, not an SUP. Mr. Pleasant asked if it would be allowed without an SUP if he put a covered breezeway between the two buildings. Chairman Bowen advised him that he would have to discuss that with staff. Chairman Bowen called for others in favo.r of this request to come forward to speak. Nicki Bullard, 7217 Turner Terrace, spoke in favor ofthe request. She lives next door to Frank and Brenda Pleasant and she feels she will be impacted the most in the neighborhood by this structure. She stated that they have the nicest house on the block. The yard is beautiful. They maintain the house and yard to perfection. She does not feel this will adversely impact the neighborhood. Mr. Welch asked if she had an outdoor storage shed on her property. Ms. Bullard responded that she did. Shannon Jones, 7211 Turner Terrace, is in favor of the request. Ann Butler, 7211 Turner Terrace, is in favor of the request. Chairman Bowen asked for those opposed to this request to come forward to speak. Dorothy Hill, 7309 Turner Terrace, lives four doors down &om the Pleasant's. She agreed with Ms. Bullard that the Pleasant's house is kept very nice. She does not know the Pleasant's but she is sure they are very nice people. She and her late husband bought their home on a half-acre at 7309 Turner Terrace 45 years ago. She likes the restrictions. She is against the ordinance that was passed in 2001. She stated that although she lives just four doors down fÌ'om the Pleasant's, she did not receive notice of the SUP. She understands that the City, by State law, only has to notify within 200 feet, but she feels that's unfair since this request does impact her because she lives close by on the same block. She would be upset to see secondary living units springing up throughout the City and she is concerned that it will lower property values. Mr. Welch asked if she had any type of outside storage facility on her property. She responded that she has a 10 x 12 red metal barn, which she uses to store tools. It sits toward the back of her property and is partially hidden by shrubs. Mr. Welch stated that he is asking because some of the resident's concerns are that they do not want Mr. Pleasant to put this structure in his backyard and yet quite a few of the neighbors have structures in their own backyards. E. Austin Wright, 7200 Turner Terrace, lives down the street :&om the Pleasant's. She stated that they have a very, very nice yard. They appear to already have one large outbuilding in their backyard. She stated that she also has an outbuilding in her backyard. In 10 years, when her children are teenagers, she is concerned about who will be living in this structure. Lisa Barnes, 7212 Briley Dr., lives directly behind Mr. Pleasant. She stated that he keeps his yard well kept and she doesn't have a problem with that, but her concern is that he already has a trailer, metal shed and large workshop on one side of his yard. Ifhe places this structure in the other corner, he will not have any yard left. She does not want to police who lives in the structure. How will she know whether or not it's family? The deed restrictions state that these are not acceptable guidelines for these types of premises to be built. She stated that the two neighbors who live on either side of her also object to this request. She has spoken to some appraisers by telephone and they told her that if her neighbor builds onto the house it would increase property values, but a separate structure would decrease property values. She also stated that she has a 4-year old daughter and a dog who run and play in the backyard and could disturb her neighbor's elderly father's resting and nap times. She opposes this request. She also stated that she does not have any buildings in her backyard. As there were no further requests to speak, Chairman Bowen closed the public hearing and asked for questions or comments :&om Commission members. Mr. Nehring stated that he is opposed to the request because it will decrease property values in the area and because the City has no way to control who lives in the unit in the future. Mr. Welch stated that his concern is to preserve the quality of the neighborhood, which consists oflarge half-acre lots that are 100' wide x 175'. He noted that most ofthe residents have some kind of shed in the backyard, but they also have a lot of open space. Mr. Pleasant is requesting to build a 432 sq. ft. structure which Mr. Welch feels should be added onto the existing 1200-1300 sq. ft. home which would enhance the value of the home. He believes it could be built in such a way as to give the father-in-law his own private entrance. Mr. Welch stated that he will vote against this request. Ms. Cole stated that she is basing her decision in part on the fact that in November the SUP was granted by City Council and this case seems to fit the purpose of the SUP. She stated that the lot size will accommodate the separate unit as evidenced by the 22-ft. that will exist behind the building after it is built. There is no driveway or sidewalk access :&om the :&ont of the property to the secondary living unit, so it will not have the appearance of a garage apartment. She stated that, with confidence, she knows that it will not detract :&om the resale value of the house or the neighboring houses although Mr. Pleasant may not recoup the money that he is putting into the property. She believes this case fits the SUP and that Mr. Pleasant shouldn't be penalized for following procedures. Mr. Laubacher agreed with Ms. Cole. He believes a revision to the current ordinance is needed which will allow the City to have some control over policing the future use of these structures. Mr. Laubacher stated that as it stands right now, Mr. Pleasant has done everything that the City has asked him to, therefore, Mr. Laubacher doesn't see any reason to say no to this request. Mr. John Lewis, P&Z Commission Member Alternate, is not a voting member at this meeting. However, he offered the comment that several other neighboring homes had large outbuildings, a few of which were in need of repair or replacement. He believes Mr. Pleasant's structure is an attractive building and will not detract :&om the neighborhood.' Mr. Schopper stated that he spent 12 years on the Zoning Board of Adjustment granting variances and he always had a problem with penalizing the people who were trying to apply all of the laws to get something built when there were plenty of other structures in neighborhoods in the City that seemed to show up overnight without proper permitting. For no other reason than that, he supports this request. Chairman Bowen stated that Mr. Pleasant has a very nice plan, and if it were attached to the house, it would be a nice addition. However, the Chairman opposes the concept of a second living unit, and will vote against this request. Ms. Cole commented that the SUP states that the secondary living unit just has to be attached by a walkway. She wondered ifP&Z had adequate reason to deny the applicant's request. If denied, P&Z should make it clear to the applicant why he is being denied. Mr. Tucker responded that the purpose of an SUP is to decide on a case-by-case basis, which allows P&Z the right to say yes or no. Mr. Welch further commented that an SUP is a discretionary action. Mr. Schopper pointed out that this is the first SUP case involving a secondary living unit that P&Z has heard. He stated that the great deliberation that the Council made in coming up with this ordinance is lost when it comes to real people trying to get things built. He believes Mr. Pleasant has done diligent work to try to get this thing pulled together and he isn't sure that P&Z could give him a reason why it's not approved other than that P&Z isn't in agreement with what the Council decided to do. He reminded Mr. Pleasant that he can appeal to the City Council ifhe is denied by P&Z. Mr. Nehring commented that even though Council has put their blessing, in a sense, on this, P&Z still has a right to vote as a recommending body. Therefore, he is going to vote his conviction. There were no other comments and the Chairman called for a motion. Ms. Cole, seconded by Mr. Laubacher, motioned to approve PZ 2002-17. The motion failed (3-4) with Chairman Bowen, George Tucker, Ted Nehring and Tim Welch voting against the motion to approve. Mr. Nehring, seconded by Mr. Welch, motioned to deny PZ 2002-17. The motion carried (4-3) with Mr. Schopper, Mr. Laubacher, and Ms. Cole voting against the motion to deny. Chairman Bowen explained to the applicant that, within 10 days, he has the right to appeal to City Council. He explained that if the petition of opposition is valid then the Council's vote in the appeal process must be a super majority vote. Zoning Administrator Dave Green advised the applicant that ifhe wishes to appeal he should submit a letter of appeal to the Planning Department. TO: DAVE GREEN CITY PLANNER 7301 N. E. LOOP 820 N. RICHLAND HILLS, TEXAS 76180 FROM: FRANK AND BRENDA PLEASANT 7213 TURNER TERRACE N. RICHLAND HILLS, TEXAS 76180 August26,2002 .-" ....~. ~!í'~: .,.'. ..', Cor I ·~".....Ji\ ¡ ).., /$:"\ ,":; ',- ' "I.~~~. / .- "/~, ''')~~: ""'" '4:.~:,,' "-~">;:;") '~:. ~:-:Jo ~ '-~ c,! , ~:':'?"""" , ~. .. -..~~:."/ ", ~:;.:~/ ,-,;.,"'.. ,.".:...... ,- .~ -. .. ./ .~.-.,.-,/ ,,.'" SUBJECT: Letter of Formal Appeal involving Case # PZ 2002 -17 that was heard on August 22, 2002 by the Planning and Zoning Commission. My wife and I have lived in this neighborhood for about 6 1/2 years. We have spent a lot of time and money to make sure that our house would always have curb appeal when anyone drove down our street. We are very proud of our home and the work that we have done. We received the Yard of the Month in July a couple of years ago. My wife's Father has been in bad health for several months now and we need to move him from Brady, Texas to this area so his children can look after him better. Brady is a 3/1/2-hour drive from this area. The plans for building him a home on our property was began in April of this year. He wanted to have a separate unit so he could have his privacy and he could come and go as he pleased. In early July I met with you Mr. Green and asked if we could build something that would accomplish our needs. You said that it just so happens that the City Counsel had passed the Ordinance 2577 in November of 2001 that allowed a home owner in certain zones to build a Secondary Living Unit [ Granny Flat] on their property if they follow all the City guidelines and codes. I began gathering all the paperwork and blueprints and plats that the City needed in order to get this Special Permit before the Zoning Commission as soon as possible. I followed all the guidelines and instructions that you gave me and those of Penny Peterson and Kellie Smith. I must add that it has been a real pleasure working with such nice and caring people. On August 22, 2002 we went before the Planning and Zoning Commission and you presented my case to them. I was allowed to speak to the Commission on behave of myself and my wife who was also present along with several of my neighbors who were in favor of my building. From this point on this whole ordeal became a nightmare. I answered all the questions that the Members of the Board asked of me to the best of my ability. There were 7 members on the Commission and 1 alternate. I believe 3 members and the alternate listened to my replies and the other 4 didn't hear a word I said. They had already formed an opinion when they walked into the Counsel Chambers. . Place 1, George Tucker voted against my Case because he was worried what might happen to my property if I decided to sell my home in 15 or 20 years. If we all made personal decisions based on the future then nothing would ever get accomplished because no one can predict the future let alone have a crystal ball and tell what events might happen. I for one live from day to day and make my decisions for my family and friends based on present day life. Place 3, Chairman Don Bowen's decision to vote against my Case was based on personal opinion because he was not in agreement with the law that-his own City Counsel had passed. Hear again someone not dealing with the facts of the Case and thinking down the road. Frankly I don't think he heard a word I said. Place 4, Ted Nehring and Place 5, Tim Welch voted against my Case based on the same argument as Don Bowen. The other 3 Places and the alternate, Brenda Cole, Bill Schopper, James Laubacher and alternate John Lewis was in favor of my Case because I had done my homework and was trying to do something by City Codes and doing it legally. The vote was cast and we lost 4 to 3. Now that I have gotten this off my chest let me tell you what damage has been done. I now have to change all my plans and come up with an alternative that will satisfy not only the City but some of my neighbors that have a nose problem. The money that I have spent on this project is all but lost because I was told that it is non- refundable. I wonder what the City needs it for? Another thing that no one has probably thought of is the message that was sent out to the other of thousands of home owners of this City who will read about this Case or hear about it from a neighbor. How many people would go through the channels that I have taken just to be shot down by an opinionated few of the Commission. I have learned a great lesson about City politics. If any Secondary Living Units are to be built in this City they will be done without the City's knowledge, which I must add there are some in existence already in the City, or some of the Members of the Zoning Commission have to change their minds are be replaced. I knew all along that this was the first Case of this kind to be tried and I had high expectations that this would be passed because I followed all the rules. I just even today have a sick feeling in my stomach because of the way I had the rug pulled out from under me. I feel cheated, railroaded, waylaid and humiliated. ~'n rely, ( '..A~ F ra feasant _.....__.~--- }<: ~ ~ August 21, 2002 Ladies and Gentlemen of the North Richland Hills City Council and Zoning Board: My name is Catherine Massey and I reside at 7300 Turner Ten-ace in North Richland Hills. My husband, the late C. W. Massey, Jr. and myself purchased our home on July 6, 1956 and moved into this area with our 11- year-old daughter. We moved here from a home and area that had no restrictions and were thrilled to move to a beautiful new addition and area in what we felt was the country, as al1 of the land north of our addition was vacant land. We had lovely new schools for our daughter. Our home was only two years old and had only one previous owner-a young couple. We have lived here 46 years and raised our daughter in what we felt was and is the best part of Tan-ant County you could live in. When our daughter was 15 we felt we needed more room to entertain her friends and the youth that we worked with at our church. We, at that time in 1960, secured a building permit and converted our attached double-car garage into a den with fireplace, half bath and utility room while at the same time building a 2-112 car garage in our backyard, all I must say, al10wed by our restrictions. In the summer of 1976, we had a need to move my widowed 84-year-old mother close-to us to care for her. We thought ofbuilding a garage apartment but remembered it was against our restrictions, so we started looking for a home in our area, when the very house under this case hearing, came up "For Sale". I backed out of my driveway going to work one morning when I noticed the sign mentioned. I was so excited that I even stopped and tried to pull the sign up. I got to work and immediately cal1ed the realtor and told them we had never been inside that particular house and I didn't know the asking price but to draw up the contract as "it was sold"... we must have the house! My family purchased the house on July 13, 1976 and my mother was moved within a week to ten days. What a blessing to have her close, just across the street and two houses west of me; my mother lived there until 1992 when at 100 Y2 she passed away, and al1 during that time she was so happy in this neighborhood; we did not sel1 this house for two years after her death as my sister would come in on the weekends from Midland with everything left the same until 1994. We had owned the house for 18 years when we resold it to the original owners' daughter who was raised as a child there. She kept it for about two years and then sold it to the present owners Frank and Brenda Pleasant, the applicants in this case. They have been wonderful neighbors, taking such good care of the house and yard, and doing quite a lot of remodeling to the house as well. It has been a pleasure to have them às neighbors in "Mother's house". Two years ago my younger and only living sister who, living in Midland for 40 years and under a doctor's care, was advised that she must move closer to her family, as her health condition would not improve. Last February I moved her to North Richland Hills in an apartment close to my home, then in June we got a building permit to add on to my present dwelling, an attached 25 x 29 master suite for her and her things. Since my husband had passed away, our daughter and her family lived in Richland Hills and I was alone, it seemed the best solution for both of us. V'l e did not consider building "separate" quarters because that would have been in violation of 'ur city's restrictions, and we did not want to be far away from each other especially with the progression of her condition. The add-on was completed in October and we got her moved in. She is so happy and we both have peace of mind because she and I are together. I tell you this long story to let you know that my family and many of the adjoining residence owners in our neighborhood have always complied with our restriction codes, never even thinking to ask to rezone our property or get special permits in the middle of our residential area. We did not want to violate, amend or attempt to rezone our wonderful addition. My neighbors east of me, the Millers, have added a master suite to their home, my neighbors across the street, the Bias', added a master suite to the back of their home for her terminally ill husband. Nicki Bullard, across the street and next to the subject property, built an add-on sun room to her house and my neighbors east of me are contemplating converting their double car ~arage into a suite for her mother as well as building a garage in the back. The property across from the subject residence has an add-on, as do many of our other homeowners in this block and behind the subject property. We do not feel it is in the best interest of anyone to start rezoning or giving "special permits" in our addition for a second separate familv dwelling, after all you can only have so many "granny and mother-in-Iaws". Is there an underlying reason for building an expensive separate building? Rental of such property would be out of the question, and in strict violation of our restrictions. We believe the Pleasant's intensions to be honorable at this time, that they want living quarters for their terminally iII family member and past experience shows that add-on remodeling does help with the increased value of our property. We are not against them securing a building permit for this task, quite the contrary; as others of us have complied with our restriction codes we ask they also comply. What we are against is a building permit for "separate living quarters"...in order for us to comply with your restrictions we even bought other property for our loved ones. We stress again that we just do not want our restrictions changed in anyway; if you allow just one resident to change the restrictions you have set forth for this addition, say in the form of multi-dwelling residences our area would change perhaps for the worse.. .and I for one believe that our City of North Richland Hills has more important things to do than to police separate living units in peoples' backyards. Attached, hereto, you will find a petition from many joining property owners and we pray you, as our City Council and Zoning Board, wiII not allow our restrictions be changed, violated or amended in any way. We purchased our property because of these restrictions in the first place, to enjoy our beautiful and lovely neighborhood and we don't want those same restrictions changed. Thank you for your time and consideration to this request. Sincerely, Q ~~ }'Ì'\C~ Catherine Massey Ó City resident since 1956 Planning Zoning & City Council City of North Richland Hills 7301 Northeast Loop 820 North Richland HiI1s, Texas 76180 - ~ ----- P~cD g - /.1 - 0 ~. - RE: CASE#: PZ2002-17 Frank M. Pleasant 7213 Turner Terrace Lot 8, Block 10 N. Richland Hills Addition To 'Wnom It May Concern: We the undersigned are property owners in the city of North Richland Hil1s on Turner Terrace and Briley Drive, close to the above property under question in this case. W; ~ Ifi· ~ ~ / (J: I if) ~J\J/;M- ~J~~tJi~~A I We purchased our property with certain restrictions covering our Addition and we DO NOT want our restrictions violate~ amended or rezoned. ð-8' j - 9.. ) ~t -(})Œ~~ ~~ Þ¡?\Oõ ~ ~,FWí!rJI'ðO @4~;2þ¿ L! 15191 ctt-~:~~,cW 1tj1ó '111- 'j.. ~- 1 'J '} '" . - ":J2o rJ/1/\ J ~t'¿ ø, 7G/fO ~/ ¿- /ZCJ'f '%/~__M: .Ã~_, 7?/%~ Æ /'.æ - 51o_,-~J5 ~ ct¿{)it4'tU:::T~ 'l:26 / /,(Þ71er 7-irrlUR 7 :-, d ¿,~~ ' .8~ 19~-~r;¡.3 7.;;-./2.. J)r,1e d<-1~~-Cq03 à~'-~4-91 /&/c?O 7tc , )7JZQ ï3~~t~'r I1. 7~/80 . ~ ~ ~~1-~7S''' 7 3ó/ / t-{,. ¡Ý L ( /'(' l( Ie. . ~ õ ( ,.-, ~51..- q c¡. 7 J..j "f/ /2 Jþ ~6¡ZLI ð. v. 7J/lJ _ ___~~" ~ . ._~) 'þ/ º-O__- . / (5'?)·lf7/0 t) ~ -7?(~9 , JI. '?: ,. IJII C -16/8<.0 . - 1M pfZ/¡ .!f?¿... - . __._ _ -J'ð--Od-.. / C) 5 T f..,.../ II ~/ T //CI...C ~ ?~<5-'7~~.;z... 7619ú ~t . 8-¡Q-fJ;}-" 72.0(9 ~~ 'ty, M,.----4.2a-=8.380_---7(¿¡ LBo PJanning loning &; City Council City of North Richland Hills 7301 :'-Iortheast Loop 820 North Richland Hills, Texas 76 180 , I ---~ - -..,.. --- p~Œ RE: CASE#: PZ2002.17 Funk :\1. Pleasant 7213 Turner Terrace Lot 8~ Block 10 'S. Richland HiUs Addition To \Vhc·m It May Concern: We tbe undersigned are propc=ny owners in the city of~orth Richland Hills on Turner Terrace and Briley Dnv~, c!ose to the above property under question in this case. We purchased our property with certain restrictions covering our Addition and we DO NOT want our restrictions "¡alated. amended or rezoned. {} ~ )S)~)~ ~ í 7 - .5 1«1 -7 ~ 0:3 ~ -I 9 - 0 ~ 7j 17- rØ/'/ f kr- 7t It D ~-) c¡ -C ~ 7-¿J:~o ~ rl r~ )),.\ 7 [0 !SV ~~_u_._ --- -- '.-- - - .----..-- ----------- ---------- ---- --- ~-- "-- ----------- - -- - '-- .-. .. -- - - - - 200' Buffer N A NI~H Property Owners in opposition to request. PZ 2002-17 SUP (Secondary Living) 213 Turner Terrace f¡!!~I!1 ::::m:~~'~~: ::::::e:::::e land within 200' buffer. Result - 42% in opposition· Prepared by Planning Dept. AV:Zoning2apr AV layoutTurner Terrace Protest 9/17/02 . All calculations are based on property ownership. o I 100 200 Feet 2 ORDINANCE NO. 2656 ZONING CASE PZ 2002-17 4 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP AND CHANGING THE ZONING OF PROPERTY KNOWN AS 7213 TURNER TERRACE BY GRANTING AN SUP; APPROVING A SITE PLAN THEREFOR; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND ESTABLISHING 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 ofthe property herein described at least 10 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 North Richland Hills at least 15 days before such hearing; and, 18 20 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, 22 24 26 WHEREAS, the City Council is of the 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, 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 Official Zoning Map of North Richland Hills are hereby amended by changing the zoning of7213 Turner Terrace, more fully described as on Block 10, Lot 8, North Richland Hills Addition ofthe City of North Richland Hills, Texas, by granting an SUP to allow for a secondary living unit, and approving the site plan attached hereto. 34 36 38 40 Section 2: Any person, finn or corporation violating any provision of the comprehensive zoning ordinance as amended by this ordinance shall b~ 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. 42 44 1 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. 2 4 Section 4: This ordinance shall be in full force and effect immediately upon passage. 6 AND IT IS SO ORDAINED. 8 Passed on this 23rd day of September, 2002. 10 CITY OF NORTH RICHLAND HILLS 12 14 By: 16 Oscar Trevino, Mayor 18 ATTEST: 20 22 Patricia Hutson, City Secretary 24 26 28 w:\ General\Ordinances-Draft\Mapchange&SUP.Pleasant.2656.wpd 2 CITY OF NORTH RICHLAND HILLS y;. Department: Planning & Inspections Department Council Meeting Date: 9/23/02 "- Subject: Public Hearing to Consider a Request by Sam Pack of Agenda Number: LRB 2002- 01 Pack Properties for Approval of Variances from Ordinance No. 2473 Landscape Regulations at Five Star Ford (6618 NE Loop 820) Case Summary - Five Star Ford Dealership is proposing an expansion of the existing facilities involving pre-owned vehicles and vehicles being serviced. This expansion would create two new display/parking areas, one located on a vacant tract situated in the northeast corner of the site along the service road frontage (pre-owned vehicles) and a vacant tract located directly east of the service facilities. These parking areas are located within the existing boundaries of the dealership. No expansion is proposed outside of the existing dealership boundaries. Five Star Ford is also loosing land along Loop 820 for the future expansion of the freeway. Mr. Pack is requesting a public hearing before the Landscape Review Board (City Council) for 4 specific landscape variances. The Landscape Ordinance at10ws a hearing for variances in specific cases when the variances are not contrary to the public interest and where, because of special conditions, the enforcement of the Ordinance would result in an unnecessary hardship. Requested Variances: 1) Requesting variance on required 15' landscape buffer adjacent to residential .'-....- property. 2) Requesting variance on required landscape islands in new parking lot 3) Requesting variance on required 15' landscape buffer on 800 linear feet adjacent to Loop 820 frontage 4) Requesting variance on required trees every 50 feet on 800 linear feet adjacent to Loop 820 The primary reason for the above mentioned variance requests according to the applicant has to do with the loss of property and almost 300 parking spaces as a result of the Loop 820 widening. While Five Star Ford will be compensated for any loss of property by the State, Mr. Pack has stated that he could not afford to lose additional parking spaces without affecting the viability of his dealership. Finance R1::view Source of Funds: Bonds (GOlRev.) Operating Budget - .I.' Other ~ fJ'I ~ )rR Department Head Signature Account Number ~~ . .; Manage Si sture ~ LRB 2002-01 Five Star Ford Landscape Plan CC sum. Page 1 of 3 CITY OF NORTH RICHLAND HILLS Variance Request #1 - Waiver of 15' Landscape Buffer Adjacent to Residential ',- Property- Five Star Ford is requesting that the existing landscape buffer and berm that serves as the landscaped entryway into the Meadow Lakes subdivision serve as the required 15 foot landscape buffer. The applicant has met with the homeowners association and has proposed to plant 8 additional live oaks on the existing berm. From a practical standpoint a 20' landscape buffer does currently exist, however the maintenance of the buffer would be on Meadow Lakes property and have to be maintained by the homeowners association. Staff supports this arrangement as long as the Homeowners Association of the adjacent Meadow Lakes Subdivision is in agreement with the proposal and maintenance responsibility of the landscaping is clearfy defined. Variance Request #2 - Waiver of Required Landscape Islands in New Parking Lot - Five Star Ford is requesting to eliminate the requirement for landscape tree islands in the new parking lot. The applicant can pick upan additional 8 parking spaces and parking lot would be consistent with the existing parking lots. Staff sees no real hardship on this requested variance. Landscape tree islands are only being required on the new parking lot areas. '''"-, Variance Request #3 - Waiver of Required 15' landscape buffer on 800 linear feet adjacent to Loop 820 frontage - Five Star Ford is losing from 50' to 72' of depth along the Loop 820 frontage and almost 300 parking spaces. They are requesting to provide an irrigation system onsite that could provide water into the future freeway right of way. Five Star Ford is requesting to use the grass portion of the future freeway as the required 15' landscaped buffer. Staff has contacted TXDOT and understands that they would allow landscaped areas to be maintained by adjacent owners provided that the State approves the final landscape plan. Staff supports this request. A landscape buffer is being provided along the Five Star Ford frontage in the State right of way and staff confident that the property owner would properly maintain the landscaping in front of their business. Variance Request #4 - Waiver of Required trees every 50 feet on 800 linear feet adjacent to Loop 820 - Five Star Ford is requesting to provide trees in'islands every 100 feet rather than every 50 feet. They are concerned about the additional loss of parking spaces and have concerns over the trees blocking the automobile display areas on the Loop 820 frontage. Five Star Ford will be providing a landscape buffer and trees every 50 feet on the eastern 600 feet of frontage with a request to utilize state frontage for trees every 100 feet on the western 800 feet of frontage. '- LRB 2002-01 Five Star Ford Landscape Plan cc. Page 2 of 3 CITY OF NORTH RICHLAND HILLS ',,- Adjacency to Rufe Snow - Proposed landscaping along the Rufe Snow frontage of the service lot exceeds minimum requirements by providing 5 Bur Oaks spaced approximately 30' apart (50' spacing) and the inclusion of a low shrub row. Staff has inquired as to whether the applicant would extend the ornamental iron fence along the Rufe Snow frontage. A screening wall is only required on the rear of a commercial lot facing a thoroughfare. The parking lot screening ordinance requires a 30 inch screen of one or a combination of shrubs, walls or berms. The applicant has stated that he would limit the type of parking to display and service with no damaged cars or equipment allowed on the parking area adjacent to Rufe Snow. They will also be providing a shrub screening along Rufe Snow. PLANNING AND ZONING COMMISSION RECOMMENDATION ON SITE PLAN: The Planning and Zoning Commission at their meeting on, August 8, 2002, recommended approval of PZ 2002-18· by a vote of 7-0 with the following conditions: 1) A total of 8 landscape islands to be placed at 100' intervals along the service road frontage west of the existing entrance; 2) The addition of an irrigation system along this boundary with the capability of covering a maximum 15' width of TXDOT ROW; 3) Elimination of the four landscape islands along Rufe Snow to create 8 parking spaces. The eight trees removed from these parking islands to be used to along the 820 frontage, one landscape island for each 100 feet of frontage west of the existing entrance. "- UPDATE: The applicant has revised the site plan to include the items recommended by the Planning and Zoning Commission. The Planning & Zoning Commission cannot recommend changes to the landscape ordinance. This is the reason for the Landscape Review Board case. Staff is supportive of the general landscape plan as recommended by the P&Z Commission with the exception of the variance from parking lot islands on the new parking lot. We do not see an unnecessary hardship on this request. RECOMMENDATION: Staff recommends approval of Variance Requests #1, #3 and f4 for a Landscape Site Plan Approval for Five Star Ford at 6618 NE Loop 820. "'--r LRB 2002-01 Five Star Ford Landscape Plan CC sum. Page 3 of 3 NOTICE OF PUBLIC HEARING OF THE CITY OF NORTH RICH LAND HILLS LANDSCAPE REVIEW BOARD (CITY COUNCIL) CASE #: LRB 2002-01 Five Star Ford Dealership 6618 NE Loop 820 Because you are a property owner within 200 feet of the above address, you have received this notice. Purpose of ReQuest: A public hearing is being held to consider several variance requests by Sam Pack of Pack Properties from Ordinance No. 2473 Landscape Regulations. The applicant is requesting variances from required landscape setbacks, buffers and parking lot landscaping due to the· proposed expansion of Loop 820 and a proposed expansion of the existing automobile dealership. Public HearinQ Date: When: MONDAY, SEPTEMBER 23,2002 Time: 7:00 P.M. Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS 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 -"-"._._..__._---.~'"""-_._----"-------_._~~,._-,._~'~ C-2 C-2 PD 1-2 C-2 œ NRH LRB 2002-01 Five Star Ford Prepared by: Planning Dept. 9/16/02 AV Layout: 5 Star Ford LRB Project: Zoning2_orig o I 200 400 Feet I Smooth Feed Sheets TM TE:TCC STORES LP, PO BOX 171720 SAN ANTONIO TX 78217-1020 RICHLAND HILLS CH OF CHRIST, 6300 NE LOOP 820 FORT WORTH TX 76180-0000 DRUMMOND, TIM ETUX CAROL 5008 SURREY CT FORT WORTH TX 76180-7810 MEADOWLAKES COMM IMP ASSN, 6350 GLENVIEW DR STE 10 FORT WORTH TX 76180-8540 SEALE, RANDY R ETUX CINDY K 6529 MEADOW LAKES DR FORT WORTH TX 76180-7807 ~KEY, GOLDEN I & ARTHA M Cí.)17 MEADOW LAKES DR FORT WORTH TX 76180-7807 WILLIAMS, WARNER L 6505 MEADOW LAKES DR NORTH RICHLAND HILLS TX 76180-7807 URQUIA, MIGUEL ETUX MARIA 6701 LARUE CIR FORT WORTH TX 76180-7923 FRANK, ROBERT J 3732 FENTON AVE FORT WORTH TX 76133-2916 MEADOW LAKES COM IMP ASSN, r-~ \L \. J GLENVIEW DR STE 10 FORT WORTH TX 76180-8540 8 AVERY® Address Labels EXXON CORP, #7356 PO BOX 4388 HOUSTON TX 77210-4388 PEREZ, JULIAN T ETUX FIRA 6705 CORONA DR FORT WORTH TX 76180-7909 HONEYSUCKER,ROBERT& SHIRLEY 5017 SURREY CT FORT WORTH TX 76180-7810 HUFFMAN,CLARENCEETUX FAYE 6537 MEADOW LAKES DR FORT WORTH TX 76180-7807 HAMEED PARTNERS L TO 205 LAKEVIEW DR ROCKW ALL TX 75087-5112 KOHLHEPP, KEITH 0 6513 MEADOW LAKES DR FORT WORTH TX 76180-7807 BUCK, RICHARD ETUX MELANIE 6501 MEADOW LAKES DR FORT WORTH TX 76180-7807 URBANOVSKY, DAVID E ETUX MITZI 5004 SURREY CT FORT WORTH TX 76180-7810 WRIGHT, ROBERT 0 ETUX BARBARA 4916 DELTA CT FORT WORTH TX 76180-7831 DUNLAP, LARRY W ETUX JUDY A 4916 TAMRA CT FORT WORTH TX 76180-7832 Use template for 5160® RINEY, TERRY L ETUX GAIL C 9530 SAINT JOHNS CT PILOT POINT TX 76258-6624 CHAMBLEE, VIRGINIA M 6700 CORONA DR FORT WORTH TX 76180-7908 HUNT, SCOTT P ETUX BRENDA K 6533 MEADOW LAKES DR FORT WORTH TX 76180-7807 CARAM, ABDALLA SR ETUX GLORIA 6521 MEADOW LAKES DR FORT WORTH TX 76180-7807 CONTE, FRANK ETUX RA YDA 6509 MEADOW LAKES DR NORTH RICH LAND HILLS TX 76180-7807 WALTZ, MARVIN K ETUX DONNA J 6705 LARUE CrR FORT WORTH TX 76180-7923 TAYLOR, DONALD ETUX PEGGY 5000 SURREY CT NORTH RICHLAND HILLS TX 76180-7810 HOFFMAN, CHARLES ETUX WANDA 4917 DELTA CT FORT WORTH TX 76180-7831 AUGE, STEPHEN ETUX GLORIA o 4917 T AMRA CT FORT WORTH TX 76180-7832 Laser 5160<8> ®09tS Jase, s)aqe, ssaJpPV GÞA~3AY. TURNEY, A L ETUX PATRICIA 4916 LARIAT TRL FORT WORTH TX 76180-7830 ®09tS JOJ a~eldwa¡ asn VIIJ.s~aa4S paa.:l 4~oowS \. ). .." ...' CITY OF NORTH RICHLAND HILLS Department: PlanninQ & Inspections Department Council Meeting Date: 9/23/02 '-- Subject: Public HearinQ to Consider a Request by Sam Pack of Pack Agenda Number: PZ 2002-13 Properties for a zoning change from C-2 Commercial and 1-2 Medium industrial to HC Heavy Commercial (Located at 6618 NE Loop 820) for Five Star Ford Auto Dealership. (Item continued at the 8/26/02 City Council meeting) - Ordinance No. 2646 Case Summary Mr. Sam Pack, owner of Five Star Ford is requesting a rezoning of his dealership and adjacent retail from C-2 Commercial and 1-2 Medium Industrial to HC Heavy Commercial. Although the dealership is proposing a new used car display area and a paved area for vehicles being serviced (see PZ 2002-18), no expansion of the dealership is proposed beyond the current boundaries. The purpose of the rezoning is to consolidate the current zoning of the site into one district and eliminate the existing 1-2 Medium Industrial zoning along the western boundary of this site. This zoning consolidation is being requested along with the replat (ref. PS 2002-29) and site plan approval (ref. PZ 2002-18) for the new parking areas mentioned above. As of last year, the C-2 Commercial District was renamed HC Heavy Commercial as a means to better describe the uses permitted in the district. This request represents the first request for this district. Comprehensive Plan - The Comprehensive Plan indicates commercial uses for the majority of this site. A small portion of the sit~ immediately adjacent Rufe Snow is shown "'-- as retail. The existing uses are consistent with the Plan. . Plat Status - The applicant has a replat request on this agenda (ref. PS 2002-29) to consolidate the site consolidating from 5 lots into 3. Site Zoning/Land Use - All of the proposed Lot 3 and the western 600' of proposed Lot 2 are currently zoned 1-2 Medium Industrial. The balance of proposed Lot 2 and all of proposed Lot 1 are zoned C-2 Commercial. The majority of the site is related to the Five Star Ford dealership including the showroom, service and paint and body facilities. A very small area (proposed Lot 1) is devoted to an auto rental agency and a paint and wallpaper store. FinanCe Review Source of Funds: Bonds (GOlRev.) Operating Budget Other -ç,J ~~ Account Number Sufficient Funds Available Finance Director . Department Head Signature ~ / .J · . Mmagcr Si,"atur \-1 PZ 2002-13 Five Star Ford CC sum. ',,>-,,", CITY OF NORTH RICHLAND HILLS Surrounding Zoning ILand Use '-~ North: East: South: West: C-2/ Loop 820, Vacant R-2, LR / Single family residences, vacant gas station R-2 / Single family residences R-2, PD I Single family residences, Richland Hills Church of Christ PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission at their meeting on, August 8,2002, recommended approval of PZ 2002-13 by a vote of 7..;0. RECOMMENDATION: To approve PZ 2002-13 and Ordinance No. 2646 changing the zoning of Five Star Ford Auto Dealership at 6618 NE Loop 820 from C-2 Commercial and 1-2 Medium industrial to HC Heavy Commercial. "-- PZ 2002-13 Five Star Ford CC sum. Page 2 of 2 2 ORDINANCE NO. 2646 PZ 2002-13 8 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP AND CHANGING THE ZONING OF PROPERTY OF FIVE STAR FORD LOCATED AT 6618 N.E. LOOP 820 TO HC HEAVY COMMERCIAL ZONING DISTRICT; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. 4 6 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 10 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 North Richland Hills at least 15 days before such hearing; and, 18 20 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, 22 24 26 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, 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 Official Zoning Map of North Richland Hills are hereby amended by changing the zoning of Lots 1, 2R and 3R, Five-Star Ford Addition, City of North Richland Hills, Tarrant County, Texas, to HC Heavy Commercial Zoning District. 34 36 38 Section 2: 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. 40 42 1 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. 2 4 Section 4: This ordinance shall be in full force and effect immediately upon passage. 6 AND IT IS SO ORDAINED. 8 Passed on this 23rd day of September, 2002. 10 CITY OF NORTH RICHLAND HILLS 12 14 By: 16 Oscar Trevino, Mayor 18 ATTEST: 20 22 Patricia Hutson, City Secretary 24 26 28 W:\ General\Ordinances-Draft\Map Change.5-Star Ford.2646.wpd 2 _._-_.._------,~->--'- C-2 C-2 PD FIVE STAR FORD 1-2 C-2 R-2 (j) NRH PZ 2002-13 Five Star Ford Rezone (From 1-2 & C-2 to H.C.) 0 I 200 400 Feet I Prepared by: Planning Dept. 8/02102 ----"-_.,."'--_._._---..._.._------~'~-_.~.._--'-~.- PZ 2002-13 PUBLIC HEARING TO CONSIDER A REQUEST BY SAM PACK OF PACK PROPERTIES FOR A ZONING CHANGE FROM C-2 COMMERCIAL AND 1-2 MEDIUM INDUSTRIAL TO HC HEAVY COMMERCIAL AT 6618 NE LOOP 820 FOR FIVE STAR FORD AUTO DEALERSHIP (18.78 ACRES). APPROVED Dave Green, Zoning Administrator, summarized the three items on the agenda that involve Five Star Ford. The first item is a replat of the site. Currently, the site (the entire Five Star development) exists as 5 lots. The property is being replatted so that the 5 lots will be reduced to 3 lots. Another reason for the replat is that the Texas Highway Department has purchased additional right-of-way along the frontage of Five Star Ford for the future expansion of Loop 820. The replat reflects the new right-of-way line. Secondly, at the present time, the dealership is zoned in two different categories. Part is zoned 1-2 (industrial) and part is zoned C-2 (commercial). There is no need for the 1-2 zoning and it is not supported in our comprehensive plan. The applicant's rezoning request takes the entire site and rezones it to a new category that was adopted last year called Heavy Commercial (HC). The HC zoning designation is the ideal district for this type of use. The comprehensive plan supports that type of use. This will be the fIrst property in North Richland Hills to carry ,this zoning designation. The third item on the agenda regarding Five Star Ford is for site plan approval. The dealership wants to expand in a couple of new directions. There will be a new entrance into the dealership. The existing entrance is in front of the main display building. The new proposed entrance is a little to the east of the existing entrance. There is also a proposal to expand on a vacant area. This is inside the boundaries of the existing dealership. There is no expansion proposed outside of that boundary. This will become the pre-owned automobile sales area. The area directly east of the service facility will be used to park vehicles that are in for servicing. Because these two expansions are within 200 feet of residential zoning, site plan approval is required. Staff has reviewed the plat and it is consistent with the City's subdivision rules and regulations. There are no outstanding issues. The applicant's request to go to the HC zone is consistent with the Comprehensive Plan and removes the industrial zoning that exists in the area. There is a landscaping issue with the site plan. The boundary along the south on the adjacent service parking lot is adjacent to an existing entryway into the Meadowlakes Subdivision. At the present time, there is a certain amount of landscaping on this property as it enters the neighborhood. There is a berm that is approximately 5 to 8 feet in height which visually separates the area where the service parking lot will be from the residential area to the south. There are some existing trees along this right-of-way. The applicant is proposing to put ornamental iron fencing along this southern boundary in-between the berm and the parking lot and they are proposing to add 8 trees along this area. Staff supports that but feels that the Meadowlakes Homeowners Association should be involved in this request because this landscaping would be occurring on property that is offsite from the dealership and would be in the Meadowlakes Subdivision. The applicant may be able to address this issue at their meetings with that homeowners association. Staff would support additional landscaping along this particular boundary. The other - -_.._._-,-~._----'----- landscaping issue is along the new right-of-way line for 820 along the north boundary of the site. The plans are consistent with City regulations in terms of landscaping ftom the very east property line up to the existing entryway. From the existing entryway to the western portion of the property (approximately 800 feet), no landscaping is proposed. Staff feels it is necessary, as Loop 820 is widened, to continue to invoke those rules and regulations that would require landscaping. Perhaps in this case the applicant might be able to visit with TXDOT to fmd out ifthere is an opportunity to show some sort of landscaping on the Five Star property, or possibly, what might be available within the TXDOT right-of-way to show some continuation oflandscaping along that entire ftontage. Mr. Welch asked if the 75-ft TXDOT right-of-way line is included with the replat? Will the applicant put a save and accept on the legal description? Has the Rufe Snow Drive right-of-way been acquired by the City? The applicant responded that the Rufe Snow right-of-way was dedicated on a previous plat. The TXDOT right-of-way has not yet been acquired. Mr. Welch requested that in the future when the right-of-way is acquired a 25-foot setback line be part of the new plat. The applicant needs to understand that once that acquisition of property occurs, there is no, setback line. This plat shows the 25-foot setback along the portion that is being replatted tonight. Mr. Green stated that those are all items that will be addressed before this goes to City Council. Mr. Lewis asked if the proposed improvements were going to be made in conjunction with the roadway work so that there could be a condition placed on the approval of the project if the applicant obtained landscaping ftom TXDOT. Mr. Green stated that staff understands that Sam Pack (owner of Five Star Ford) has lost a certain amount offtontage that has displaced his display area and we are recommending an agreement between the property owner and TXDOT to include something along there in terms of landscaping. Mr. Lewis asked if the timing of the improvements will permit that? Mr. Green responded yes. Ms. Cole asked ifthere is traffic impact since the entrance is being moved closer to Rufe Snow. Andrea lobe, Public Works Engineer Associate, responded that the driveway meets the minimum distance requirements ftom Rufe Snow. Chairman Bowen opened the public hearing portion of this case (PZ 2002-13). -~~.....,----_.-._~,~~.._..,_.._._~ Oscar Mohkamkar, ASM Architects, stated that they are not doing any improvements on the existing property other than extending the parking. He does not understand why they have to be responsible for landscaping for the portion impacted by the State expansion. He explained that there will be some green space between the state right-of-way and the Five Star property and they are proposing to have irrigation installed in order to maintain those spaces. Chairman Bowen asked if they had discussions with the Meadowlakes Homeowners Association regarding the maintenance and irrigation ofthe trees along the Meadowlakes side of the property. Mr. Mohkamkar responded that Five Star has proposed about 8 new trees on the south side of the property. There is no irrigation to the north of the berms so the HOA wanted to place the trees just to the south of the berms because there is existing irrigation at that location. Five Star has no objection to that. Charles Hawthorne, 4917 Delta Court, came forward in favor of this project. He stated that his house lies just south of where Five Star Ford's shops end so he is interested in this matter and 100% in favor of it. He stated that if Five Star says they are going to plant trees, they'll do it. He said he has ~ught seven cars ftom Five Star and ftom experience he knows they are honest and have integrity and if they say they are going to do something, they will. Sam Pack, the owner of Five Star Ford came forward to make the comment that the dealership is willing to provide landscaping in the easement area ifthe State will allow it. Tim Welch asked Mr. Pack if he had any idea of when they would know that information ftom the State. Mr. Pack responded that he didn't know. He stated that they weren't having a lot of luck trying to get anything meaningful in the way of information ftom the State. Five Star objects to dedicating an additional 15 ft of landscaping. As it currently is, they are losing 274 parking places. Ifan additional 15-ft is taken, then it further cripples Five Star's operation, therefore, they don't mind the expense of landscaping on State property. As there were none others wishing to speak, Chairman Bowen closed the public hearing and called for a motion on the final plat portion ofthis case (PS 2002-29). Tim Welch, seconded by Ms. Cole, motioned to approve PS 2002-29 subject to the following: That the legal description include a save and except clause since the TESCO land is already a separate ownership; a general note stating that once TXDOT acquires the right-of-way dedication there is an understanding that there is a 25-ft setback along the frontage of the service road; and, prior to going to City Council, clean up of general notes, · ....._---,.-~--,_._-----_._._'-_._~...,_...-....._".---...-~,~..~- such as lot numbers, on the plat. The motion was approved unanimously (7 -0). Ted Nehring, seconded by James Laubacher, motioned to approve PZ 2002-13. The motioned was approved unanimously (7-0). NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CASE #: PZ 2002-13 Five Star Ford Dealership 6618 N E Loop 820 Lots 1, 2, 3, 4 & 5 Five Star Ford 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: This public hearing is being held to consider a request from Sam Pack of Pack Properties for a zoning change from C-2 Commercial and 1-2 Medium Industrial to HC Heavy Commercial. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, AUGUST 8, 2002 CITY COUNCIL MONDAY, AUGUST 26, 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 -------~-_._---~ --- - ---~ ---~------------- TETCO STORES LP, PO BOX 171720 SAN ANTONIO TX SNOW HEIGHTS ADDITION BLK 25 LOT 2 5036 RUFE SNOW DR EXXON CORP, #7356 PO BOX 4388 HOUSTON TX NORTH 820 COMMERCIAL ADDITION BLK 3 LOT 1 5037 RUFE SNOW DR RICHLAND HILLS CH OF CHRIST, 6300 NE LOOP 820 FORT WORTH TX BARTON, R P SURVEY A 175 TR 2 6400 NE LOOP 820 PEREZ, JULIAN T ETUX FIRA 6705 CORONA DR FORT WORTH TX SNOW HEIGHTS ADDITION BLK 22 LOT 10 6705 CORONA DR RINEY, TERRY L ETUX GAIL C 9530 SAINT JOHNS CT PILOT POINT TX SNOW HEIGHTS ADDITION BLK 22 LOT 11 6701 CORONA DR DRUMMOND, TIM ETUX CAROL 5008 SURREY CT FORTWORTHTX MEADOW LAKES ADDITION BLK 1 LOT 3 5008 SURREY CT ~--~~"._-----_.^---_._~~--- /'-, HONEY SUCKER, ROBERT & SHIRLEY 5017 SURREY CT FORT WORTH TX MEADOW LAKES ADDITION BLK 1 LOT 4 5017 SURREY CT CHAMBLEE, VIRGINIA M 6700 CORONA DR FORT WORTH TX SNOW HEIGHTS ADDITION BLK 24 LOT 2 6700 CORONA DR MEADOWLAKES COMM IMP ASSN, 6350 GLENVIEW DR STE 104 FORT WORTH TX FOSSIL CREEK TRAILS ADDITION BLK 12 LOT A 6601 MEADOW LAKES DR HUFFMAN, CLARENCE ETUX F AYE 6537 MEADOW LAKES DR FORT WORTH TX MEADOW LAKES ADDITION BLK 9 LOT lOR 6537 MEADOW LAKES DR HUNT, SCOTT P ETUX BRENDA K 6533 MEADOW LAKES DR FORT WORTH TX MEADOW LAKES ADDITION BLK 9 LOT 9R 6533 MEADOW LAKES DR SEALE, RANDY R ETUX CINDY K 6529 MEADOW LAKES DR FORT WORTH TX MEADOW LAKES ADDITION BLK 9 LOT 8R 6529 MEADOW LAKES DR -"_._._-_.~,---._..__.-------"-,.,.. - -""-~~---~--_.~----~~.~."._._". HAMEEDPARTNERSLTD 6525 MEADOW LAKES DR FORT WORTH TX MEADOW LAKES ADDITION BLK 9 LOT 7R 6525 MEADOW LAKES DR CARAM, ABDALLA SR ETUX GLORIA 6521 MEADOW LAKES DR FORT WORTH TX MEADOW LAKES ADDITION BLK 9 LOT 6R 6521 MEADOW LAKES DR DICKEY, GOLDEN I & ARTHA M 6517 MEADOW LAKES DR FORT WORTH TX MEADOW LAKES ADDITION BLK 9 LOT 5 6517 MEADOW LAKES DR KOHLHEPP, KEITH D 6513 MEADOW LAKES DR FORT WORTH TX MEADOW LAKES ADDITION BLK 9 LOT 4 6513 MEADOW LAKES DR CONTE, FRANK ETUX RA YDA 6509 MEADOW LAKES DR NORTH RICHLAND HILLS TX MEADOW LAKES ADDITION BLK 9 LOT 3 6509 MEADOW LAKES DR WILLIAMS, WARNER L 6505 MEADOW LAKES DR NORTH RICHLAND HILLS TX MEADOW LAKES ADDITION BLK 9 LOT 2 6505 MEADOW LAKES DR .-_.~-----~.~-.-.--.------'"--"~ .-._-,---------_._-_._._'-'~._._.- BUCK, RICHARD & MELANIE 6501 MEADOW LAKES DR FORT WORTH TX MEADOW LAKES ADDITION BLK 9 LOT 1 6501 MEADOW LAKES DR WALTZ, MARVIN K ETUX DONNA J 6705 LARUE CIR FORT WORTH TX SNOW HEIGHTS ADDITION BLK 24 LOT 4 6705 LARUE CIR nCE, TERRY S 6701 LARUE CIR FORT WORTH TX SNOW HEIGHTS ADDITION BLK 24 LOT 3 6701 LARUE CIR URBANOVSKY, DAVID E ETUX MITZI 5004 SURREY CT FORT WORTH TX MEADOW LAKES ADDITION BLK 1 LOT 2 5004 SURREY CT T AYLOR, DONALD ETUX PEGGY 5000 SURREY CT NORTH RICHLAND HILLS TX MEADOW LAKES ADDITION BLK 1 LOT 1 5000 SURREY CT FRANK, ROBERT J 3732 FENTON AVE FORT WORTH TX MEADOW LAKES ADDITION BLK 6 LOT 1R1 4913 RUFE SNOW DR WRIGHT, ROBERT D ETUX BARBARA 4916 DELTA CT FORT WORTH TX MEADOW LAKES ADDITION BLK 6 LOT 3R 4916 DELTA CT HOFFMAN, CHARLES ETUX WANDA 4917 DELTA CT FORT WORTH TX MEADOW LAKES ADDITION BLK 6 LOT 7R 4917 DELTA CT MEADOWLAKES COM IMP ASSN, ETAL 6350 GLENVIEW DR STE 104 FORT WORTH TX FOSSIL CREEK TRAILS ADDITION BLK 1 LOT Al 4917 RUFE SNOW DR DUNLAP, LARRY W ETUX JUDY A 4916 TAMRA CT FORT WORTH TX MEADOW LAKES ADDITION BLK 6 LOT 8R 4916 TAMRACT AUGE, STEPHEN ETUX GLORIA D 4917 TAMRA CT FORT WORTH TX MEADOW LAKES ADDITION BLK 6 LOT 12R 4917 TAMRACT TURNEY, A L ETUX PATRICIA 4916 LARIAT TRL FORT WORTH TX FOSSIL CREEK TRAILS ADDITION BLK 1 LOT 1 4916 LARIAT TR ---~ I- ,I !I ~ ¡ 'I I ! : I I I I j 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 ORDINANCE NO. 2646 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP AND CHANGING THE ZONING OF PROPERTY OF FIVE STAR FORD LOCATED AT 6618 N.E. LOOP 820 TO HC HEAVY COMMERCIAL ZONING DISTRICT (PZ 2002-13); PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. 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 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance, and the Official Zoning Map ofN orth Richland Hills are hereby amended by changing the zoning of Lots 1, 2R and 3R, Five-Star Ford Addition, City of North Richland Hills, Tarrant County, Texas, to HC Heavy Commercial Zoning District. Section 2: 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. 1 j I_ 2 4 6 8 10 12 14 16 18 20 22 24 26 28 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. Section 3: Section 4: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. Passed on this 26th day of August, 2002. By: ATTEST: Patricia Hutson, City Secretary ! ! II I ~ Ii 11 I I :1 Ii "''ij'Gon'O.''OOd'''OO'''",P ,",og..'·',.o Food."".wpd I, CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor 2 ¡. CITY OF NORTH RICHLAND HILLS '--.. Department: Planning & Inspections Department Council Meeting Date: 9/23/02 Subject: Consideration of a ReQuest from Russell Killen of Halff Agenda Number: PS 2002-29 Associates for the Approval of the Final Plat of Lots 1 R, 2R, and 3R of the Five Star Ford Addition (located in the 6600 block of NE Loop 820) 18.78 acres (Item continued at the 8/26/02 City Council Meeting) Case Summary: Mr. Russell Killen of Haliff Associates Inc. is requesting approval of the Final Plat of Lots 1, 2R and 3R of the Five Star Ford Addition. The purpose of this replat is to revise the existing lot pattern from 5 lots to 3 lots and to reflect the future NE Loop 820 ROW line (based on proposed TXDOT Loop 820 expansion plans). The applicant has a rezoning request (ref. PZ 2002-13) and a request for site plan approval (ref. PZ 2002-18) atso on this agenda. The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. Attached is a memo concerning this plat from the Public Works Department. Current Zoning: The current zoning of the site is C-2 Commercial and 1-2 Medium Industrial. The applicant has a request on this agenda (ref. PZ 2002-13) to rezone the entire '- site to HC Heavy Commercial. Comprehensive Plan: The Comprehensive Plan indicates commercial uses for this area. The existing/proposed use is consistent with the Plan Right Of Way: No additional street ROW is required for this development. 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. Traffic/Access: The site is accessed by an ingress/egress point to the eastbound Loop 820 service road that parallels the north boundary of the site. A second ingress/egress point is provided from the east property line to Rufe Snow. Finance Review \...- Source of Funds: Bonds (GOlRev.) Operating Budget Other ~ ~~ Department Head Signature Account Nwnber Sufficient Funds A vauaDle Finance Director ',--, '",-- ~I CITY OF NORTH RICHLAND HILLS Tree Preservation: The applicant has submitted a landscape plan as part of a site plan approval request also on this agenda (ref. PZ 2002-18). PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission at their meeting on, August 8, 2002, recommended approval of PS 2002-29 subject to the following stipulations by a vote of 7-0. 1) The legal description to include a save and except clause for the existing TESCO land. 2) A general note placed on the plat that once TXDOT obtains the Right of Way dedication, there will be a 25' setback from the Service Road. 3) A clean up of the general notes including lot numbers. UPDATE: The applicant has made revisions to the plat that satisfies the above stipulations. RECOMMENDATION: To approve PS 2002-29 a Final Plat of Lots 1R, 2R, and3R of the Five Star Ford Addition. CITY COUNCIL ACTION ITEM œ NI~H PS 2002-29 Proposed Five Star Ford Fi nal Plat 0 I 200 Feet I Prepared by: Planning Dept. 9/16/02 NI~H Public Works / Administration CITY OF NORTH RICHLAND HILLS July 30, 2002 MEMO TO: Dave Green, Planner FROM: RE: Andrea Jobe, EIT, Engineer Associate P&Z Agenda Items Reviewed By Public Works Public Works has reviewed the plats submitted for the August 8,2002 P&Z Agenda and offer the following comments: 1. FIVE STAR FOOD ADDITION: BLOCK 1. LOTS 1-5 REPLAT All of Public Works comments have been satisfied. 2. KJELDGAARD ADDITION: BLOCK 1. LOTS 1 & 2 PRELIMINARY PLAT All of Public Works comments have been satisfied. ARJ/pwm2002-082 PO Box 820609 ... North Richland Hills, Texas 76182-0609 7301 Northeast Loop 820 ... (817) 427-6400 ... Fax (817) 427-6404 The first three cases for consideration on the agenda concern Five Star Ford. These items were discussed concurrently. 4. PS 2002-29 CONSIDERATION OF A REQUEST BY RUSSELL KILLEN OF HALFF ASSOCIATES INC. FOR THE APPROVAL OF A FINAL PLAT OF LOTS 1,2R AND 3R OF THE FIVE STAR FORD ADDITION IN THE 6600 BLOCK OF NE LOOP 820 (18.78 ACRES). APPROVED 5. PZ 2002-13 PUBLIC HEARING TO CONSIDER A REQUEST BY SAM PACK OF PACK PROPERTIES FOR A ZONING CHANGE FROM C-2 COMMERCIAL AND 1-2 MEDIUM INDUSTRIAL TO HC HEAVY COMMERCIAL AT 6618 NE LOOP 820 FOR FIVE STAR FORD AUTO DEALERSHIP (18.78 ACRES). APPROVED 6. PZ 2002-18 CONSIDERATION OF A SITE PLAN APPROVAL REQUEST FOR FIVE STAR FORD LOCATED AT 6618 NE LOOP 820. APPROVED Dave Green, Zoning Administrator, summarized the three items on the agenda that involve Five Star Ford. The fIrst item is a replat of the site. Currently, the site (the entire Five Star development) exists as 5 lots. The property is being replatted so that the 5 lots will be reduced to 3 lots. Another reason for the replat is that the Texas Highway Department has purchased additional right-of-way along the 1Ìontage of Five Star Ford for the future expansion of Loop 820. The replat reflects the new right-of-way line. Secondly, at the present time, the dealership is zoned in two different categories. Part is zoned 1-2 (industrial) and part is zoned C-2 (commercial). There is no need for the 1-2 zoning and it is not supported in our comprehensive plan. The applicant's rezoning request takes the entire site and rezones it to a new category that was adopted last year called Heavy Commercial (HC). The HC zoning designation is the ideal district for this type of use. The comprehensive plan supports that type of use. This will be the first property in North Richland Hills to carry this zoning designation. The third item on the agenda regarding Five Star Ford is for site plan approval. The dealership wants to expand in a couple of new directions. There will be a new entrance into the dealership. The existing entrance is in 1Ìont of the main display building. The new proposed entrance is a little to the east of the existing entrance. There is also a proposal to expand on a vacant area. This is inside the boundaries of the existing dealership. There is no expansion proposed outside of that boundary. This will become the pre-owned automobile sales area. The area directly east of the service facility will be used to park vehicles that are in for servicing. Because these two expansions are within 200 feet of residential zoning, site plan approval is required. Staff has reviewed the plat and it is consistent with the City's subdivision rules and regulations. There are no outstanding issues. The applicant's request to go to the HC zone is consistent with the Comprehensive Plan and removes the industrial zoning that exists in the area. There is a landscaping issue with the site plan. The boundary along the south on the adjacent service parking lot is adjacent to an existing entryway into the Meadowlakes Subdivision. At the present time, there is a certain amount of landscaping on this property as it enters the neighborhood. There is a berm that is approximately 5 to 8 feet in height which visually separates the area where the service parking lot will be :&om the residential area to the south. There are some existing trees along this right-of-way. The applicant is proposing to put ornamental iron fencing along this southern boundary in-between the berm and the parking lot and they are proposing to add 8 trees along this area. Staff supports that but feels that the Meadowlakes Homeowners Association should be involved in this request because this landscaping would be occurring on property that is offsite :&om the dealership and would be in the Meadowlakes Subdivision. The applicant may be able to address this issue at their meetings with that homeowners association. Staffwould support additionallandscapmg along this particular boundary. The other landscaping issue is along the new right-of-way line for 820 along the north boundary of the site. The plans are consistent with City regulations in terms of landscaping :&om the very east property line up to the existing entryway. From the existing entryway to the western portion ofthe property (approximately 800 feet), no landscaping is proposed. Staff feels it is necessary, as Loop 820 is widened, to continue to invoke those rules and regulations that would require landscaping. Perhaps in this case the applicant might be able to visit with TXDOT to find out if there is an opportunity to show some sort of landscaping on the Five Star property, or possibly, what might be available within the TXDOT right-of-way to show some continuation of landscaping along that entire :&ontage. Mr. Welch asked if the 75-ft TXDOT right-of-way line is included with the replat? Will the applicant put a save and accept on the legal description? Has the Rufe Snow Drive right-of-way been acquired by the City? The applicant responded that the Rufe Snow right-of-way was dedicated on a previous plat. The TXDOT right-of-way has not yet been acquired. Mr. Welch requested that in the future when the right-of-way is acquired a 25-foot setback line be part of the new plat. The applicant needs to understand that once that acquisition of property occurs, there is no setback line. This plat shows the 25-foot setback along the portion that is being replatted tonight. Sam Pack, the owner of Five Star Ford came forward to make the comment that the dealership is willing to provide landscaping in the easement area if the State will allow it. Tim Welch asked Mr. Pack ifhe had any idea of when they would know that information fÌ'om the State. Mr. Pack responded that he didn't know. He stated that they weren't having a lot ofluck trying to get anything meaningful in the way of information fÌ'om the State. Five Star objects to dedicating an additional 15 ft oflandscaping. As it currently is, they are losing 274 parking places. If an additional 15-ft is taken, then it further cripples Five Star's operation, therefore, they don't mind the expense oflandscaping on State property. As there were none others wishing to speak, Chairman Bowen closed the public hearing and called for a motion on the fmal plat portion of this case (PS 2002-29). Tim Welch, seconded by Ms. Cole, motioned to approve PS 2002-29 subject to the following: That the legal description include a save and except clause since the TESCO land is already a separate ownership; a general note stating that once TXDOT acquires the right-of-way dedication there is an understanding that there is a 25~ft setback along the frontage of the service road; and, prior to going to' City Council, clean up of general notes, such as lot numbers, on the plat. The motion was approved unanimously (7 -0). Ted Nehring, seconded by James Laubacher, motioned to approve PZ 2002-13. The motioned was approved unanimously (7-0). Mr. Lewis began to make a motion for approval ofPZ 2002-18 but Mr. Schopper interrupted to make a comment. Mr. Schopper suggested that the Commission either approve the request as written or add an amendment for a 15-foot setback in order to give Mr. Pack a clear idea of how to negotiate with the State. Mr. Schopper suggested that if P&Z insists on the setback, then the State is going to have to pay more for the right-of- way since the damage to the remainder would be greater. If the setback goes right to the property line, then the State is not going to have to pay as much for the right-of-way since the remainder would not be as damaged. Mr. Schopper suggested that if Mr. Pack has to wait for an answer fÌ'om the State regarding the right-of-way, he could be waiting for a couple of years. Mr. Schopper suggested that the City shouldn't stop Mr. Pack's ability to progress while waiting on an answer fÌ'om the State but provide Mr. Pack with knowledge to negotiate with the State by passing this the way it is written or passing it with the amendment that requires a 15-ft setback. Mr. Lewis withdrew his motion. Mr. Welch asked Mr. Schopper to clarify what he means by "as written," Mr. Schopper replied that as it is written now, there is no setback. The applicant could build to the curb, which could look very bad when this project is completed. Mr. Schopper stated that it is going to make a difference in value whether it is taken up to the curb or whether it complies with the City ordinance for a 15-ft buffer. An additional 90 parking spaces will be lost if the 15-ft setback is required, but Mr. Pack should be compensated by the State for that loss by showing the State an ordinance that shows that he is required to have the 15-ft setback. Mr. Mohkamkar, ASM Architects, Inc., stepped to the podium to comment. He stated that they would be willing to place a landscaping island every 10 to 20 parking spaces to accommodate a tree in order to not lose the entire row of parking along the :&ont. Mr. Schopper responded that during the plat approval there would have been the latitude to do that sort of thing, but during approval of the site plan, P&Z is restricted to dealing with what is submitted. Mr. Mohkamkar asked if approval could be given with the exception of adding the landscape islands every so often. Chairman Bowen pointed out that P&Z does have the latitude to make changes to the site plan. He asked for confirmation :&om John Pitstick, Director of Development, as to whether or not an exception can be given '"during site plan approval. Mr. Pitstick responded that approval could be given to add the landscape island with a tree every 20 spaces or whatever the commission wanted. Mr. Laubacher asked if the applicant could be allowed to appeal to the Zoning Board of Adjustment in the future? For instance, ifP&Z recommends approval with the 15-ft landscape buffer and then the State takes the land, which leaves Mr. Pack unable to comply with the 15-ft buffer requirement, could he then appeal to ZBA as a hardship case? Mr. Schopper responded that he has had a lot of negotiations with the State and in his dealings with the State, he has found that they won't give something unless they have to. Mr. Schopper suggested that if the State were informed that the City was going to enforce the 15-ft setback unless Mr. Pack was allowed to landscape on the State's part of the land, the State would then be more motivated to allow Mr. Pack to landscape on that land so that the State would not have to pay damages for the remaining parking spaces. Mr. Laubacher stated that it seems like it would be the best route to require the 15-ft because it would meet the City ordinance and give the owner an opportunity to work out something with the State. Mr. Pitstick stated that the primary issue with the landscaping is the requirement of trees every 50 feet. To meet the ordinance requirements, he suggested P&Z approve it with the exception of having an open area every 50 feet with a 3-inch caliper tree, and give the owner the option of providing this in a landscape island every 50-ft, or in the State right- of-way. Chairman Bowen called for any other questions or comments. Mr. Welch asked the engineer if they had a driveway permit yet fÌ'om TXDOT and whether or not they were in compliance with the new access management policy. Russell Killen, Halff Associates, stated that they have not acquired the permit but they feel they are in compliance with the new policy and plan on submitting for that permit in the near future. Mr. Schopper motioned to approve PZ 2002-18 as written. Chairman Bowen called for a second. There was none. Mr. Welch began to make a motion but asked John Pitstick for direction on the fÌ'equency of the landscape requirements. Mr. Pitstick reminded the members that the ordinance requires a tree every 50 feet. He stated that a landscape island creates a little bit of a hardship because Five Star would lose a full parking space to the island. Mr. Welch withdrew his motion. Mr. Laubacher, seconded by Mr. SChopper, motioned to approve PZ 2002- 18 with the stipulation that a 15-ft landscape buffer zone extend all the way to the extreme western end of the property. The buffer could be on Mr. Pack's property or on State property if the State agrees to it. [Motion Later Withdrawn] Mr. Pack stepped to the podium and asked for an explanation of how this motion would impact him. Mr. Schopper repeated his explanation of negotiating with the State. Mr. Pack stated that with all due respect, that is not what they want. He stated that they will lose an additional 90 parking spaces and they do not want that to happen. Mr. Schopper argued that it's possible they won't lose those spaces if properly negotiated with the State. Mr. Pack stated that he didn't want to take that risk. He has already lost 274 spaces and he doesn't want to lose another 90 spaces. Mr. Schopper repeated his explanation of the State's taking and that Mr. Pack would be paid damages. Mr. Pack stated that it is not about money at this stage. He needs the parking spaces. If he loses those parking spaces, he is unwilling to go forward. Mr. Schopper asked Mr. Pitstick whether or not Mr. Pack could get relief through a variance? Mr. Pitstick stated that, in the future, he could request a variance, or change the zoning, but he believes Mr. Pack would like to settle this now rather than burden him with additional zoning or variance requests in the future. Mr. Schopper stated that the desired end result is for Mr. Pack to keep the 90 parking spaces and for the City to get landscaping and the only way to do that is to motivate the State to help Mr. Pack. Mr. Pack stated that he has been to a commissioner's hearing and gone to mediation and accomplished very little at this point with the State. He stated that he wants to work with the City but he can't be the victim of another 90 parking spaces. Mr. Nehring asked Mr. Pack what he is willing to do ifhe can't get pennission to landscape ITom the Highway Department? Mr. Pack replied that he is willing to give the City an island tree every 100 feet. The ITontage is about 1600 feet. Mr. Pack is landscaping 800 of that 1600. He would be willing to place a tree island every 100 feet on the remaining 800 feet of ITontage, which means he would lose 8 parking spaces. He stated that he understands what Mr. Schopper is saying regarding being paid damages by the State, but he can't take that money and spend it to get parking spaces anywhere else. There is no place to go. The only way to get those spaces back would be to create a parking garage and that's not a viable option. At the end of the day, every parking space is a premium to the dealership. Mr. Laubacher asked if there is a way that the site plan can be approved with the 15-ft buffer and, in addition, adding some type'ofautomatic variance that kicks in if the State refuses to cooperate. Mr. Pitstick stated that the best way to protect the City and Mr. Pack is to get the trees on Mr. Pack's site. Mr. Pack could put in an irrigation system that fans out onto the State property, and the State right-of-way could be counted as part of the landscape buffer. Mr. Nehring asked if 100 feet is allowed? Mr. Pitstick responded that 50-ft is the current ordinance but P & Z could recommend 100- ft if the State provides some parkway area. He agrees with Mr. Schopper that there is no way to predict what the State will do, but he considers it unlikely that the State will run the ITontage road right up to the property line. There should be some parkway area. By putting trees on Mr. Pack's property, the City guarantees that the trees will be there, and then counting the State's parkway area, it should look nice. From a precedent standpoint, 5 or 10 years ITom now when the road is completely done, we want the landscaping to look consistent as you drive down 820 and the consistency could be the combination of trees on Mr. Pack's property and State right-of-way landscaping that is irrigated by the irrigation system that Mr. Pack installs and maintains. Chairman Bowen stated that he believes 50-ft would be too close. It would hide the cars, which defeats the purpose ofa car lot, so 100-ft seems to be more appropriate for this site. " - . ...... -., - ._,~..-~ Mr. Green stated that those are all items that will be addressed before this goes to City Council. Mr. Lewis asked if the proposed improvements were going to be made in conjunction with the roadway work so that there could be a condition placed on the approval of the project if the applicant obtained landscaping rrom TXDOT. Mr. Green stated that staff understands that Sam Pack (owner of Five Star Ford) has lost a certain amount ofrrontage that has displaced his display area and we are recommending an agreement between the property owner and TXDOT to include something along there in terms of landscaping. Mr. Lewis asked if the timing ofthe improvements will permit that? Mr. Green responded yes. Ms. Cole asked if there is traffic impact since the entrance is being moved closer to Rufe Snow. Andrea lobe, Public Works Engineer Associate, responded that the driveway meets the minimum distance requirements rrom Rufe Snow. Chairman Bowen opened the public hearing portion of this case (PZ 2002-13). Oscar Mohkamkar, ASM Architects, stated that they are not doing any improvements on the existing property other than extending the parking. He does not understand why they have to be responsible for landscaping for the portion impacted by the State expansion. He explained that there will be some green space between the state right-of-way and the Five Star property and they are proposing to have irrigation installed in order to maintain those spaces. Chairman Bowen asked if they had discussions with the Meadowlakes Homeowners Association regarding the maintenance and irrigation of the trees along the Meadowlakes side of the property. Mr. Mohkamkar responded that Five Star has proposed about 8 new trees on the south side of the property. There is no irrigation to the north of the berms so the HOA wanted to place the trees just to the south of the berms because there is existing irrigation at that location. Five Star has no objection to that. Charles Hawthorne, 4917 Delta Court, came forward in favor of this project. He stated that his house lies just south of where Five Star Ford's shops end so he is interested in this matter and 100% in favor of it. He stated that if Five Star says they are going to plant trees, they'll do it. He said he has bought seven cars rrom Five Star and rrom experience he knows they are honest and have integrity and if they say they are going to do something, they will. Mr. Welch suggested a compromise. The new parking spaces along Rufe Snow have landscape islands. He suggested getting rid of those landscape islands and putting those trees along the south on the berm providing more of a buffer on that side of the dealership. This would allow Five Star Ford to gain parking spaces along Rufe Snow. They could then add landscape islands along the :&ontage road which would result in the loss of some parking spaces along the :&ontage road, which would be offset by the gain of parking spaces along Rufe Snow. Mr. Pitstick and the other Commission members agreed that this is a good idea. Mr. Welch, seconded by Ms. Cole, motioned to approve PZ 2002-18 with a recommendation of 8 landscaping islands with trees spaced every 100-ft along the 800 ft section west of the main entrance. The four landscape islands along Rufe Snow will be eliminated to create 8 parking spaces. The trees and landscaping from those four islands will be placed on the south side of the property on the adjacent berm for additional landscape coverage. Chairman Bowen added a comment that the landscaping and trees on the south side of the property adjacent to Meadowlakes Drive must be in conjunction with Homeowner Association approval. Mr. Welch amended his motion to include Chairman Bowen's comment. Mr. Nehring suggested adding a comment regarding TXDOT property as part of the buffer. Mr. Welch amended his motion to include an irrigation system for maximum coverage of 15-ft width éllong the buffer, which would incorporate TXDOT right-of-way. The motion was approved unanimously (7-0). Prior to voting on the motion, Ms. Cole reminded the Commission that there was a previous motion on the floor :&om James Laubacher. Mr. Laubacher withdrew that motion. Mr. Schopper withdrew his second of Mr. Laubacher's motion. CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 9/23/02 '''-..- Subject: Consideration of a Request for Site Plan Approval by Five Agenda Number: PZ 2002-18 Star Ford at 6618 NE Loop 820 - (Item continued at the 8/26/02 City Council Meeting) Case Summary - Five Star Ford Dealership is proposing an expansion of the existing facilities involving pre-owned vehicles and vehicles being serviced. This expansion would create two new display/parking areas, one located on a vacant tract situated in the northeast corner of the site along the service road frontage (pre-owned vehicles) and a vacant tract located directly east of the service facilities. These parking areas are located within the existing boundaries of the dealership. No expansion is proposed outside of the existing dealership boundaries. Because the proposed parking areas are located within 200' of residential zoning, site plan approval is required. Building Design and Materials - The proposed expansion does nòt include any new structures, only new paved areas. Both parking/display areas will consist of 5" concrete pavement. Access and Parking - Current access to the dealership is provided by a centralized entry/exit pointfrom the east-bound service road of Loop 820 and a right in/right out point along the eastern boundary of the dealership to Rufe Snow Boulevard. The existing service road entry/exit will be closed and relocated approximately 320' east of the current location. ",,- Access to both new parking areas will be from a centralized access easement. Signage/Lighting - An existing pre-owned vehicle sign will be relocated to a new location along the service road frontage. Both parking/display areas show extensive lighting. An elevation of the proposed lighting standard indicates a 24' single pole, double light fixture. No information is given concerning the wattage of these proposed lights. In the service parking lot, the closest light standard to the adjacent residential area is approximately 50'. A note on the site plan states that these lights will feature a cut-off lamp. Comprehensive Plan - The Comprehensive Plan indicates commercial uses for the majority of this site. A small portion of the site immediately adjacent Rufe Snow is shown as retail. The existing uses are consistent with the Plan. Finance Review Source of Funds: Bonds (GO/Rev.) r¡,J Operating Budget - 00" JQ~ Department Head Signature Account Number Sufficient Funds Available \. --..- ~~~ Manage igna e PZ 2002-18 Five Star Ford Site Plan CC sum. Page 1 of 3 CITY OF NORTH RICHLAND HILLS Zoning/Land Use - The site is currently zoned C-2 Commercial. and 1-2 Medium Industrial. \...... The applicant is also requesting a rezoning of the entire site to HC Heavy Commercial (ref. PZ 2002-13) North: East: South: West: C-2/ Loop 820, Vacant R-2, LR / Single family residences, vacant gas station R-2 / Single family residences R-2, PD / Single family residences, Richland Hills Church of Christ PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission at their meeting on, August 8, 2002, recommended approval of PZ 2002-18 by a vote of 7-0 with the following conditions: 1) A total of 8 landscape islands to be placed at 100' intervals along the service road frontage west of the existing entrance; 2) The addition of an irrigation system along this boundary with the capability of covering a maximum 15' width of TXDOT ROW; "- 3) Elimination of the four landscape islands along Rufe Snow to create 8 parking spaces. The eight trees removed from these parking islands to be used to along the 820 frontage, one landscape island for each 100 feet of frontage west of the existing entrance. UPDATE: The applicant has revised the site plan to include the items recommended by the Planning and Zoning Commission except for an approval from the Meadow Lake Homeowners Association and the creation of 8 landscaped tree islands along the west frontage of 820. RECOMMENDATION: To approve PS 2002-18 a request for Site Plan Approval for Five Star Ford at 6618 NE Loop 820 with a stipulation that the site plan follow the Landscape Review Board approved site plan. \..- è PZ 2002-18 Five Star Ford Site Plan cc. Page 2 of 2 C-2 C-2 PD (¡) NRH PZ 2002-18 Five Star Ford Site Plan Prepared by: Planning Dept. 8/02102 o I 200 400 Feet I PZ 2002-18 CONSIDERATION OF A SITE PLAN APPROVAL REQUEST FOR FIVE STAR FORD LOCATED AT 6618 NE LOOP 820. APPROVED Mr. Lewis began to make a motion for approval ofPZ 2002-18 but Mr. Schopper interrupted to make a comment. Mr. Schopper suggested that the Commission either approve the request as written or add an amendment for a 15-foot setback in order to give Mr. Pack a clear idea of how to negotiate with the State. Mr. Schopper suggested that if P&Z insists on the setback, then the State is going to have to pay more for the right-of- way since the damage to the remainder would be greater. If the setback goes right to the property line, then the State is not going to have to pay as much for the right-of-way since the remainder would not be as damaged. Mr. Schopper suggested that if Mr. Pack has to wait for an answer ftom the State regarding the right-of-way, he could be waiting for a couple of years. Mr. Schopper suggested that the City shouldn't stop Mr. Pack's ability to progress while waiting on an answer ftom the State but provide Mr. Pack with knowledge to negotiate with the State by passing this the way it is written or passing it with the amendment that requires a 15- ft setback. Mr. Lewis withdrew his motion. Mr. Welch asked Mr. Schopper to clarify what he means by "as written." Mr. Schopper replied that as it is written now, there is no setback. The applicant could build to the curb, which could look very bad when this project is completed. Mr. Schopper stated that it is going to make a difference in value whether it is taken up to the curb or whether it complies with the City ordinance for a 15-ft buffer. An additional 90 parking spaces will be lost if the 15-ft setback is required, but Mr. Pack should be compensated by the State for that loss by showing the State an ordinance that shows that he is required to have the 15-ft setback. Mr. Mohkamkar, ASM Architects, Inc., stepped to the podium to comment. He stated that they would be willing to place a landscaping island every 10 to 20 parking spaces to accommodate a tree in order to not lose the entire row of parking along the ftont. Mr. Schopper responded that during the plat approval there would have been the latitude to do that sort of thing, but during approval of the site plan, P&Z is restricted to dealing with what is submitted. Mr. Mohkamkar asked if approval could be given with the exception of adding the landscape islands every so often. Chairman Bowen pointed out that P&Z does have the latitude to make changes to the site plan. He asked for confIrmation ftom John Pitstick, Director of Development, as to whether or not an exception can be given during site plan approval. Mr. Pitstick responded that approval could be given to add the landscape island with a tree every 20 spaces or whatever the commission wanted. Mr. Laubacher asked if the applicant could be allowed to appeal to the Zoning Board of Adjustment in the future? For instance, ifP&Z recommends approval with the 15-ft landscape buffer and then the State takes the land, which leaves Mr. Pack unable to comply with the 15- ft buffer requirement, could he then appeal to ZBA as a hardship case? Mr. Schopper responded that he has had a lot of negotiations with the State and in his dealings with the State, he has found that they won't give something unless they have to. Mr. Schopper suggested that if the State were informed that the City was going to enforce the 15-ft setback unless Mr. Pack was allowed to landscape on the State's part of the land, the State would then be more motivated to allow Mr. Pack to landscape on that land so that the State would not have to pay damages for the remaining parking spaces. Mr. Laubacher stated that it seems like it would be the best route to require the 15-ft because it would meet the City ordinance and give the owner an opportunity to work out something with the State. " Mr. Pitstick stated that the primary issue with the landscaping is the requirement of trees every 50 feet. To meet the ordinance requirements, he suggested P&Z approve it with the exception of having an open area every 50 feet with a 3-inch caliper tree, and give the owner the option of providing this in a landscape island every 50-ft, or in the State right- of-way. Chairman Bowen called for any other questions or comments. Mr. Welch asked the engineer if they had a driveway permit yet fÌ'om TXDOT and whether or not they were in compliance with the new access management policy. Russell Killen, Halff Associates, stated that they have not acquired the permit but they feel they are in compliance with the new policy and plan on submitting for that permit in the near future. Mr. Schopper motioned to approve PZ 2002-18 as written. Chairman Bowen called for a second. There was none. Mr. Welch began to make a motion but asked John Pitstick for direction on the fÌ'equency of the landscape requirements. Mr. Pitstick reminded the members that the ordinance requires a tree every 50 feet. He stated that a landscape island creates a little bit of a hardship because Five Star would lose a full parking space to the island. Mr. Welch withdrew his motion. Mr. Laubacher, seconded by Mr. SChopper, motioned to approve PZ 2002-18 with the stipulation that a 15-ft landscape buffer zone extend all the way to the extreme western end of the property. The buffer could be on Mr. Pack's property or on State property if the State agrees to it. [Motion Later Withdrawn] Mr. Pack stepped to the podium and asked for an explanation of how this motion would impact him. Mr. Schopper repeated his explanation of negotiating with the State. Mr. Pack stated that with all due respect, that is not what they want. He stated that they will lose an additional 90 parking spaces and they do not want that to happen. Mr. Schopper argued that it's possible they won't lose those spaces if properly negotiated with the State. Mr. Pack stated that he didn't want to take that risk. He has already lost 274 spaces and he doesn't want to lose another 90 spaces. Mr. Schopper repeated his explanation ofthe State's taking and that Mr. Pack would be paid damages. Mr. Pack stated that it is not about money at this stage. He needs the parking spaces. Ifhe loses those parking spaces, he is unwilling to go forward. Mr. Schopper asked Mr. Pitstick whether or not Mr. Pack could get relief through a variance? Mr. Pitstick stated that, in the future, he could request a variance, or change the zoning, but he believes Mr. Pack would like to settle this now rather than burden him with additional zoning or variance requests in the future. Mr. Schopper stated that the desired end result is for Mr. Pack to keep the 90 parking spaces and for the City to get landscaping and the only way to do that is to motivate the State to help Mr. Pack. Mr. Pack stated that he has been to a commissioner's hearing and gone to mediation and accomplished very little at this point with the State. He stated that he wants to work with the City but he can't be the victim of another 90 parking spaces. Mr. Nehring asked Mr. Pack what he is willing to do ifhe can't get pennission to landscape ftom the Highway Department? Mr. Pack replied that he is willing to give the City an island tree every 100 feet. The ftontage is about 1600 feet. Mr. Pack is landscaping 800 of that 1600. He would be willing to place a tree island every 100 feet on the remaining 800 tèet of ftontage, which means he would lose 8 parking spaces. He stated that he understands what Mr. Schopper is saying regarding being paid damages by the State, but he can't take that money and spend it to get parking spaces anywhere else. There is no place to go. The only way to get those spaces back would be to create a parking garage and that's not a viable option. At the end of the day, every parking space is a premium to the dealership. Mr. Laubacher asked ifthere is a way that the site plan can be approved with the 15-ft buffer and, in addition, adding some type of automatic variance that kicks in if the State refuses to cooperate. Mr. Pitstick stated that the best way to protect the City and Mr. Pack is to get the trees on Mr. Pack's site. Mr. Pack could put in an irrigation system that fans out onto the State property, and the State right-of-way could be counted as part of the landscape buffer. Mr. Nehring asked if 100 feet is allowed? Mr. Pitstick responded that 50-ft is the current ordinance but P & Z could recommend 100-ft if the State provides some parkway area. He agrees with Mr. Schopper that there is no way to predict what the State will do, but he considers it unlikely that the State will run the ftontage road right up to the property line. There should be some parkway area. By putting trees on Mr. Pack's property, the City guarantees that the trees will be there, and then counting the State's parkway area, it should look nice. From a precedent standpoint, 5 or 10 years ftom now when the road is completely done, we want the landscaping to look consistent as you drive down 820 and the consistency could be the combination of trees on Mr. Pack's property and State right-of-way landscaping that is irrigated by the irrigation system that Mr. Pack installs and maintains. Chairman Bowen stated that he believes 50-ft would be too close. It would hide the cars, which defeats the purpose of a car lot, so 100- ft seems to be more appropriate for this site. Mr. Welch suggested a compromise. The new parking spaces along Rufe Snow have landscape islands. He suggested getting rid of those landscape islands and putting those trees along the south on the berm providing more of a buffer on that side of the dealership. This would allow Five Star Ford to gain parking spaces along Rufe Snow. They could then add landscape islands along the ftontage road which would result in the loss of some parking spaces along the ftontage road, which would be offset by the gain of parking spaces along Rufe Snow. Mr. Pitstick and the other Commission members agreed that this is a good idea. Mr. Welch, seconded by Ms. Cole, motioned to approve PZ 2002-18 with a recommendation of 8 landscaping islands with trees spaced every 100-ft along the 800 ft section west of the main entrance. The four landscape islands along Rufe Snow will be eliminated to create 8 parking spaces. The trees and landscaping from those four islands will be placed on the south side of the property on the adjacent berm for additional landscape coverage. Chairman Bowen added a comment that the landscaping and trees on the south side of the property adjacent to Meadowlakes Drive must be in conjunction with Homeowner Association approval. Mr. Welch amended his motion to include Chairman Bowen's comment. Mr. Nehring suggested adding a comment regarding TXDOT property as part of the buffer. Mr. Welch amended his motion to include an irrigation system for maximum coverage of 15-ft width along the buffer, which would incorporate TXDOT right-of-way. The motion was approved unanimously (7 -0). ~ ;(. J ~' > 'I CITY OF NORTH RICH LAND HILLS ',,--- Department: Planning & Inspections Department Council Meeting Date: 9/23/02 Subject: Public Hearing to Consider an Ordinance Amending the Agenda Number: PZ 2002-25 Comprehensive Zoning Ordinance and adding a new Article IX, "Sexually Oriented Businesses" to Chapter 15 of the North Richland Hills Code of Ordinances. Ordinance. No. 2659 Case Summary The City Attorney has recommended that the City's regulations be revised regarding "Sexually Oriented Businesses". Our current terminology and ordinance speak to "adult entertainment establishment" rather than "sexually oriented businesses". The proposed new ordinance follows Texas statutes and takes advantage of state and federal cases which have litigated the constitutional issues and provide guidance and precedent. The proposed new ordinance incorporates the numerous studies by other cities which provide a basis for restricting such businesses. Statutory and case law establish that cities cannot prohibit but may regulate the location of sexually oriented businesses. While these businesses have some constitutional protection, this protection is limited. t Following are the basic provisions of the new ordinance. \'-...' 1) 2) 3) 4) 5) 6) Provisions in the ordinance restricted these businesses to the Industrial Zoning District, at least 1,000 feet from the nearest church, school, park, residence, residentially zoned property, and other SOB's. The definition of "principal" as used to define the principal use of a business as a SOB is 35% of the sale volume, stock in trade or display areas. Registered massage therapists are excepted from the definition of sexually oriented businesses consistent with State law requirements. The terms "adult bookstore" and "adult video store" are redefined to eliminate confusion concerning items which cannot logically or legally be difined as books or videos. Sexually oriented businesses are prohibited within 500 feet of Loop 820. The new ordinance specifies an annual license with a $500 fee. All other provisions are identical to the previous ordinance. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget 00.. - &J -J¿¿,,~ Account Number Sufficient FUJ!ds A vail'able Finance Director "--- Department Head Signature ~~.. .. City Manag.. s~ PZ 2002-25 SOS's CC sum. þ. '.",:",,~~~-..,';'.'.'~ t CITY OF NORTH RICHLAND HILLS , RECOMMENDATION: ',-- The Planning & Zoning Commission met on Thursday, September 12 and voted 7-0 to recommend changing the nomenclature from "Adult Entertainment Establishment" to "Sexually Oriented Businesses" and permitting them only in the 12 Industrial zoning district. Staff recommends approval of Ordinance No. 2659. , ',- PZ 2002-25 SOB's CC sum Page 2 of 2 PZ 2002-25 PUBLIC HEARING TO CONSIDER AN ORDINANCE REVISING THE TERMINOLOGY OF THE ADULT ENTERTAINMENT ESTABLISHMENT DEFINITION IN THE ZONING ORDINANCE. APPROVED Dave Green, Zoning Administrator, summarized the case. The legal staff of the City of North Richland Hills is currently reviewing and requesting revisions to what is now known as the Adult Entertainment Establishment Ordinance for the City of North Richland Hills. The primary change is a change in terminology or nomenclature. "Adult entertainment establishment" will change to "sexually oriented business". The reason for this change is that the current State statutes refer to these types of uses as "sexually oriented businesses". It also is a terminology that is used in current case law. If this item is approved, the Zoning Ordinance would not change other than the terminology. There is a zoning ordinance for "adult entertainment establishment," which would now become "sexually oriented business." The definition will remain the same, it is only the title that will change. On the zoning use matrix, "adult entertainment establishments" are permitted in the 1-2 medium industrial district. This will not change. Staff is recommending that these revisions be approved. They would become part of an overall ordinance revision that will be passed ontp the City Council. Chairman Bowen called for comments or questions ITom the Commission members. There were none and the Chairman opened the public hearing. There was no one wishing to speak and the Chairman closed the public hearing and called for a motion on PZ 2002- 25. Mr. Nehring, seconded by Ms. Cole, motioned to approve PZ 2002-25. The motion carried unanimously (7-0). '-"'--"-_.-~'"~_._------------------.-" Zonina Reaulations City of North Richland Hills. Texas ARTICLE 11 DEFINITIONS Section 1100. DEFINITIONS A ABANDONED - When a building, lot or structure has become vacant or out of use for a continuous period as specified in this Ordinance, or when the intention of the owner to permanently discontinue occupancy of the premises is apparent. ABUTTING PROPERTY - Property sharing a common boundary with an adjacent property; however, property abutting upon a street, railroad, or lake shall not be considered as abutting property. ACCESSORY BUILDING OR STRUCTURE - A building or structure detached from the principal building, the use of which is incidental and subordinate to the principal building. Ord. 2367, 02/11/99 ACCESSORY USE - A use subordinate to and incidental to the primary use of the main building or to the primary use of the premises. ADJACENT - In close proximity to; "next to" or "closest to" but not necessarily "touching". ADULT ENTERTAINMENT ESTABLISHMENT SEXUALLY ORIENTED BUSINESS II a. An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult theater, adult motion picture theater, escort agency, nude model business or sexual encounter center; and I or b. Any establishment whose principal business is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to its customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; or whose employees or customers appear in a state of nudity. c. The term "adult entertainment" sexually oriented business shall not be construed to include: 1. Any business operated by or employing licensed psychologists, licensed physical therapists, registered nurses, licensed athletic trainers; 2. Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts; 3. Any retail establishment whose principal business is the offering of wearing apparel for sale to customers and does not exhibit merchandise on live models; or 4. Any activity conducted or sponsored by any Texas independent school district, licensed or accredited private school or public or private college or University. AIRPORT OR LANDING FIELD - Any area of land designed and set aside for the landing and take-off of aircraft, including all necessary facilities for the housing and maintenance of aircraft. ALLEY - A public or private way which affords only a secondary means of access to abutting property. AMENDMENTS - Changes made in the text or map of the zoning ordinance. Article 11 Definitions 11/22/99 Page 11-1 Zoning Regulations City of North Richland Hills, Texas RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS en ro 0) ro a:= c: ro ro ro :; 0 ~ :; :; :; ro c: :; c: c: c: :; 0) 0) =ª Section 310 E 0) 0) 0) c: en E "0 ro "0 "0 "0 ro 0) 0) ëi) "~ û) m "0 '0 '0 :; "0 a:= 0 0) c: u.. 0) 0) 0) c: "0 u.. J: a:= 0) ro 0) a:= a:= a:= 0) 0) CJ) "0 ~ E oð "0 a:= .~ Table of Permitted "§J ~ ~ ~ "0 ~ "Ë E ro ..... .r; 0) en e c: 'Ë 0) 0) c: ~ ro ro 0 "~ ~ è:ñ E E a:= E ::J ..... m ïü U ..... "0 ~ ~ 0 u.. "~ .~ en m m m 0 J!! ..... £ .r; ~ ro x ..... I 0) ... ~ u.. u.. u.. 0) .r; 0 ~ :; a:= 0) 0) 0 "0 U ..... ·õ 0) 0) 0) Ci ~ ...J c: "3 0) E E 0 c: E "3 Uses .~ "ª æ æ m ~ 0 ro E E "0 - ~ 8 0 ~ ~ ~ == 0 ..... ..... '6 "~ c: c: c: Q ~ .r; en è:ñ è:ñ è:ñ I- 0) u.. 0 0 0 0 0 C) 0) .r; « CJ) Q l- N ...... ~ ...J U U ::J :E 0 ...... ...... N (") ~ co co J: " ...... a:= ...... N U CJ) CD a:= a:= a:= a:= a:= a:= a:= ~ a:= 0 ...J U U 0 ...... ~ ~ « - D. RECREATIONAL & ENTERTAINMENT USES Adult Entertainment EstablisAment (18) p Sexually Oriented Business (18) p Amusement Arcade (indoor( (5) C C C S S S Billiard Parlor (6) S C C S S Bingo Hall S C C S S Bowling Lanes p p p p p Carnival, Circus or Special Fund p p p p p p p p p p p p p p p P Fund Raising Event (Temporary) (7) Children's Entertainment Center p p Commercial Recreation (outdoors) S p Country Club S P P Dance Studio or Martial Arts Studio P P P P Drive-in Theater C S Golf Course S p P Golf Driving Range S p Miniature Golf Course S p Movie Theater (indoor) p p p p p Park or Playground p p p p p p p p p p p p p p p p p Private Club/Night Club S S S S Race Track S S S Rodeo Ground (8) S S P Roller or Ice Skating Rink C C p S S Spa, Health Studio, Fitness or p p p p Recreation Center Stable (commercial) S S S Swim or Tennis Club S P P Article 3 Permitted Uses 011000 Page 3-4 20 22 24 26 28 30 32 34 36 38 40 42 '4 8 10 12 14 16 18 2 ORDINANCE NO. 2659 4 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ADDING A NEW ARTICLE IX, "SEXUALLY ORIENTED BUSINESSES" TO CHAPTER 15 OF THE NORTH RlCHLAND HILLS CODE OF ORDINANCES; PROVIDING FOR THE LICENSING OF SEXUALLY ORIENTED BUSINESSES; PROVIDING LOCATIONAL REQUIREMENTS; PROVIDING ADDITIONAL REGULATIONS APPROPRIATE TO DIFFERENT TYPES OF SEXUALL Y ORIENTED BUSINESSES; PROVIDING FOR APPEALS; PROVIDING FOR AMORTIZATION OF NONCONFORMING SEXUALL Y ORIENTED BUSINESSES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE 6 WHEREAS, the City of North Richland Hills, Texas is a home rule municipality located in Tarrant County, created in accordance with the provIsions of Chapter 9 of the Texas Local GoverriÍnent Code and operating pursuant to the Constitution and laws of the State of Texas; and, WHEREAS, Chapter 243 of the Texas Local Government Code authorizes cities to adopt regulations concerning the licensing and pennitting of sexually oriented businesses; and, WHEREAS, the City Council ofthe City of North Richland Hills, Texas, heretofore adopted regulations restricting the location of adult entertainment establishments within the City of North Richland Hills; and, WHEREAS, based upon studies, reports, and findings regarding the harmful effects of sexually oriented businesses on surrounding land uses the city council deems it necessary and advisable to amend these regulations and to provide for the licensing and other regulation of sexually oriented businesses; and, WHEREAS, studies, reports, and findings conducted by the cities of Austin, El Paso, and Indianapolis regarding the harmful effects of sexually oriented businesses on surrounding land uses have been presented to and reviewed by the city council; and WHEREAS, studies, reports, and findings conducted by the cities of Los Angeles, Las Vegas, Houston, Amarillo, and Beaumont were presented to the city council and made part of the public record; and, W:',"IU l'OnJ~tt\SOB."""" Page 1 10 12 14 16 18 20 22 26 28 30 32 34 36 38 40 42 44 ---~- ._~---~-~.. 2 WHEREAS, the city finds that churches, synagogues, licensed day care centers, public parks, schools and public libraries are centers of family oriented activities and therefore enhance the quality of life in surrounding areas; and, 4 6 WHEREAS, there is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on surrounding land uses, causing increased crime and the downgrading of property values; and, 8 WHEREAS, the city council desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality oflife; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight; and, WHEREAS, convincing documented evidence regarding the physiological and sexual distinctions between male and female breasts has been reviewed; and, WHEREAS, Section 243.001 (b) ofthe Texas Local Government Code does not diminish the authority of a municipality to regulate sexually oriented businesses with regard to any matters; and, 4 WHEREAS, the twenty-first amendment to the United States Constitution delegates broad powers to the states to regulate alcoholic beverages; and, WHEREAS, Section 109 .57{ d) ofthe Texas Alcoholic Beverage Code allows a municipality to regulate the location of sexually oriented businesses; and WHEREAS, the city council finds that sexually oriented businesses are frequently used for activities such as prostitution or sexual liaisons of a casual nature; and, WHEREAS, the concern over sexually transmitted diseases is a legitimate health concern of the city which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens; and, WHEREAS, the city council finds that these amendments will promote the public health, safety, morals and general welfare of the citizens of the city; and, WHEREAS, the city council finds that these amendments have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials, nor do these amendments have the effect of restricting or denying access by adults to sexually oriented materials protected by the First Amendment, or deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market; and, Page 2 W:\'I.I Dnft\SOR......-pd --.---,"- .""':'..: 2 WHEREAS, the city council further finds that the adoption of these amendments will still leave available reasonable alternative locations for the location of sexually oriented businesses; and, 4 6 WHEREAS, public hearings were duly noticed and held before the Planning and Zoning Commission and City Council after notices were posted and published as required by law prior to enactment of the regulations imposed by this ordinance; NOW, THEREFORE, 8 10 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFNORTHRICHLAND HILLS, TEXAS: 14 Section I: THAT Chapter 15 of the North Richland Hills Code of Ordinances is hereby amended by adding an new Article IX which shall read as follows: 16 "ARTICLE IX. SEXUALLY ORIENTED BUSINESSES 18 Sec. 15-171 Adoption of Preamble. 20 The findings contained in the preamble of the ordinance adopting this article are detennined to be true and cÓrrect and are adopted as a part of this article. Sec. 15-172. Purpose and Intent. 22 It is the purpose of this article to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and unifonn regulations to prevent the concentration of sexually oriented businesses within the city. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. 24 26 28 30 Sec. 15-173. Definitions. 32 34 The words and tenns used in this article that are not defined herein shall have the meanings commonly ascribed to them. Words used in the present tense include the future tense. Words in the singular number include the plural number and words in the plural number include the singular number. The word he shall be defined to include the word she. 36 38 ) (a) Adult arcade means any place to which the public is pennitted or invited wherein coin-operated, token-operated or electronically, electrically or W·'~R1Nì NJrd..--.Dra.ftlSOllwpd Page 3 2 4 6 8 10 12 14 16 18 20 22 4 26 28 30 32 34 36 38 40 42 44 s W:I..~RJ . na--DNtt\SORwpd -".._..~~'---~~~~ -..~._~.--..:.....-......:.:-_._._--~....:.-- mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at anyone (I) time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas. (b) Adult bookstore means a commercial establishment which as one of its principal business purposes offers for sale or rental for any fonn of consideration books, magazines, periodicals or other printed matters which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas. (c) Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly features persons who appear in a state of nudity or give live perfonnances which are distinguished or characterized by an emphasis on the exposure of specified anatomical areas or by an emphasis on specified sexual activities. (d) Adult motel means a hotel, motel or similar commercial establishment which: (1) Offers accommodations to the public for any fonn of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other pornographic reproductions which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or (2) Offers a sleeping room for rent for a period of time that is less than ten hours; or (3) Allows a tenant or occupant of a sleeping room to sub rent the room for a period of time that is less than ten hours. ( e) Adult movie theater means a commercial establishment where, for any fonn of consideration, films, motion pictures, video cassettes, video reproductions, slides or other visual representations are regularly shown which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas. (f) Adult video store means a commercial establishment which as one of its principal business purposes offers for sale or rental for any fonn of consideration photographs, films, motion pictures, video cassettes, video Page 4 2 4 6 8 10 12 14 16 18 20 22 4 26 28 30 32 34 36 38 40 42 44 J W:I."i HJn1__ar.msoB. wpd reproductions, slides or other visual representations which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas. (g) Chief of Police means the chief of police of the City of North Richland Hills or the chiefs designated representative. (h) Customer means any person who: (1) Is allowed to enter a sexually oriented business in return for the payment of an admission fee or any other fonn of consideration or gratuity; or (2) Enters a sexually oriented business and purchases, rents, or otherwise partakes of any merchandise, goods, entertainment, or other services offered therein; or (3) Is a member of and on the premises of a sexually oriented business operating as a private club. (i) Employee means any person who renders any service whatsoever to the customers of a sexually oriented business or who works in or about a sexually oriented business and who receives compensation for such service or work from the operator or owner of the sexually oriented business or from its customers. (j) Escort means a person who, for consideration, agrees or offers to act as a companion or date for another person, or who agrees or offers to privately model lingerie or to privately perfonn a striptease for another person. (k) Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as its principal business purpose, for a fee, tip, or other consideration. (1) Licensee means a person in whose name a license to operate a sexually oriented business has been issued, as well as any and all individuals listed as applicants on the application for a license. (m) Licensed day-care center means a child care center as defined in Section 1100 ofthe North Richland Hills Zoning Ordinance, which is licensed by the state of Texas. (n) Love parlor means an establishment that is operated for the purpose of giving massages at the establishment or on a home call basis that are intended to provide sexual stimulation or sexual gratification in combination with a massage. Page 5 2 4 6 8 10 12 14 16 18 20 22 4 26 28 30 32 34 36 38 40 42 44 .5 W:\N ____Orvt\o;;QB. wpd "~" ··'·_"-'LO_.___ .__.....____.___ (0) Nude modeling studio means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided or allowed to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. (P) Nudity or state of nudity means less than completely and opaquely covered: (1) Human genitals, pubic region, or pubic hair; (2) All portions of a female breast below a point immediately above the top of the areola continuing downward to the lowest portion of the breast; (3) Human buttock; or (4) Any combination of the above. (q) Operated or causes to be operated means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually"oriented business whether or not that person is an owner, part owner, licensee, or manager of the establishment. (r) Person means and individual, firm, association, organization, partnership, trust, foundation, company or corporation. (s) Principal means over 35 percent of customers, volume of sales, stock in trade, display areas, or presentation time in any three-month increment period beginning from the date of issuance of a certificate of occupancy. Stock in trade shall be measured with all titles or objects available on the premises for sale or rental including those that are identical, considered a separate title or object. (t) Regularly means featuring, promoting, or advertising a happening or occurrence on a recurring basis. (u) Residen tial district means a district zoned for residential uses under the Zoning Ordinance of the City of North Richland Hills. (v) Residential use means a use for single family dwelling, townhome, duplex dwelling, triplex dwelling, fourplex dwelling, mobile home, manufactured housing or manufactured home, or multiple family dwelling as defined in the Section 1100 of the Zoning Ordinance of the City of North Richland Hills. Page 6 12 14 16 18 20 22 26 28 30 32 34 36 38 40 42 44 2 4 6 8 10 4 w·\1rr, I'ON~Draft\SOB.""'Pd (w) Sexually oriented business means an adult arcade, adult bookstore, adult cabaret, adult motel, adult movie theater, adult video store, love parlor, nude modeling studio or other commercial enterprise, the primary business of which is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to its customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or whose employees or customers appear in a state of nudity. The term sexually oriented business shall not be construed to include: (1) Any business operated by or employing licensed psychologists, licensed physical therapists, registered massage therapists, registered nurses, or licensed athletic trainers engaged in practicing such licensed professions; (2) Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts; (3) Any retail establishment whose principal business is the offering of wearing apparel for sale to customers and which does not exhibit merchandise on live models; or (4) Any activity conducted or sponsored by any Texas independent school district, licensed or accredited private school, or public or private college or universit;y. (x) Specified anatomical areas means human genitals, pubic regions, buttocks and female breast below a point immediately above the top of the areola. (y) Specified sexual activities means and includes any of the following: (1) The fondling or other erotic touching of human genitals, pubic region, pubic hair, perineum, buttocks, anus, or female breasts; (2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy, or bestiality; (3) Masturbation, actual or simulated; or (4) Excretory functions. Page 7 12 14 16 18 20 22 '4 26 28 30 32 34 36 38 40 42 44 2 4 6 8 10 W"\' --.or.1t\SOB. wpl Sec. 15-174. Location of Sexually Oriented Businesses. (a) A person commits an offense ifhe establishes, operates or causes to be operated, or expands a sexually oriented business within 1000 feet, without regard to city boundaries, of: (1) A church or synagogue; (2) A public or private elementary or secondary school or licensed day-care center; (3) A boundary of a residential district; (4) A public park; (5) A public library; (6) The property line of a lot devoted to a residential use as defined in this article; or (7) Another sexually oriented business. (b) A person commits an offense ifhe establishes, operates or causes to be operated, or expands a sexually oriented business within 500 feet of Loop 820. (c) A person commits an offense ifhe establishes, operates, or causes to be operated, a sexually oriented business in any building, structure or portion thereof containing another sexually oriented business. (d) For the purposes of subsection (a), measurement shall be made in a straight line, without regard to intervening structures or obj ects, ITom the nearest portion ofthe building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a residential use, church, synagogue, public or private elementary or secondary school, licensed day-care center, public library, or to the nearest boundary of a public park, residential district, residential lot or sexually oriented business. ( e) For purposes of subsection ©) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, trom the closest exterior wall of the structure in which each business is located or fÌ'om the wall of the tenant space occupied, as applicable. Page 8 12 14 16 18 20 22 26 28 30 32 34 36 38 40 42 44 2 4 6 8 10 4 w:\.... >rv__DnINi09.wpI ~ - <.~ . -- --.-.--.-. .-.----...- (f) Any sexually oriented business lawfully operating on the effective date of this article that is in violation of the location requirements of Subsections (a), (b) or (c) shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed 180 days from the effective date of this article unless sooner terminated for any reason. A nonconforming use under this subsection shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming. (g) Any sexually oriented business lawfully operating after the effective date of this article that later becomes a nonconforming use because of a change in zoning or an amendment to the regulations in this article or any other ordinance or law shall be permitted to continue for a period not to exceed 180 days from the date it becomes nonconforming, unless sooner terminated for any reason. A nonconforming use under this subsection shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. (h) A person operating a sexually oriented business that is a nonconforming use who believes that 180 days, when added to previous time in operation, is not sufficient time to amortize the investment the person has in the business, may apply to the city council for up to two additional extensions of 180 days each. In order to give the city council time to adequately consider the application, the person must file the application with the city secretary at least ninety (90) days before the expiration of the amortization period. The application for extension shall set forth the following information: (I) The date and amount of the owner's initial investment in the existing business; (ii) The amount of the owner's investment in the existing business through the effective date of this article or the date the business becomes nonconforming; (iii) The amount of such investment that has been or will be realized through the 180 day amortization period; (iv) The source of funds to be used to recoup the owner's investment; (v) The life expectancy of the existing business; and (vi) The existence or nonexistence oflease obligations, as well as any contingency clauses therein permitting termination of the lease. Page 9 2 4 6 8 10 12 14 16 18 20 22 '4 26 28 30 32 34 36 38 40 42 44 5 W,'~o,, RJI\C -.-Dntt'SOB.wpd This infonnation shall be supported by relevant documentary evidence such as financial statements, tax records and lease agreements, which shall be attached to the application. The city council shall call a public hearing at which the council shall hear evidence from interested parties. The decision of the city council is final. (i) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconfonning use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, synagogue, public or private elementary or secondary school, licensed day-care center, public park, public library, residential district or a residential lot within 1000 feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked. G) Nothing contained in this article shall be construed to limit the amortization of a nonconfonning sexually oriented business under the North Richland Hills Zoning Ordinance as provided therein. Sec. 15-175. License Req"uired. (a) A person commits an offense if he operates or causes to be operated a sexually oriented business without a valid license, issued by the city for the particular type of business. (b) The applicant must be qualified according to the provisions of this article. (c) The fact that a person possesses other types of state or city permits or licenses does not exempt the person fÌ'om the requirement of obtaining a license for a sexually oriented business. Sec. 15-176. License Application. (a) Any person desiring to obtain a sexually oriented business license shall make application on a form provided by the chief of police. The application must be accompanied by a sketch or diagram showing the configuration ofthe premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. (b) If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a license as applicant. If a person Page 10 14 16 18 20 22 ">4 26 28 30 32 34 36 38 40 42 44 2 4 6 8 10 12 W:IN n-Dnlt\SOa""", who wishes to operate a sexually oriented business is other than an individual, each individual who has a 20 percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under Section 15-177 and each applicant shall be considered a licensee if a license is granted. (c) All applications for a license under this article shall be accompanied by a nonrefundable application fee of$500. An application shall not be considered to have been filed until the fee is paid and all infonnation required by the application fonn has been submitted. Sec. 15-177. License Issuance. (a) The chief of police shall approve the issuance of a license to an applicant within 30 days after filing of an application unless the chief of police finds one or more of the following to be true: (1) The location of the sexually oriented business is or would be in violation of Section 15-174 of this article. (2) The applicant failed to supply all ofthe infonnation requested on the application. (3) The applicant gave false, rraudulent, or untruthful infonnation on the application. (4) An applicant is under 18 years of age. (5) An applicant or an applicant's spouse is overdue in payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to a sexually oriented business. (6) An applicant or an applicant's spouse has been convicted of a violation of a provision of this article, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect on the denial of a license. (7) The application or renewal fee required by this article has not been paid. Page 11 2 4 6 8 10 12 14 16 18 20 22 4 26 28 30 32 34 36 38 40 42 44 j W':SRJ I'(mi--.-.Dnft'SOllwplf (8) The applicant has not demonstrated that the owner of the sexually oriented business owns or holds a lease for the property or the applicable portion thereof within which the sexually oriented business will be situated or has a legally enforceable right to acquire the same. (9) An applicant or the proposed establishment is in violation of or is not in compliance with Section 15-178 or 15-173 of this article. (10) An applicant or an applicant's spouse has been convicted of a cnme: (A) Involving: (i) Any of the following offenses as described in Chapter 43 of the Texas Penal Code: (aa) Prostitution; (bb) Promotion of prostitution; (cc) Aggravated promotion of prostitution; (dd) Compelling prostitution; (ee) Obscenity; (ft) Sale, distribution, or display of harmful material to a minor; (gg) Sexual perfonnance by a child; (hh) Possession of child pornography; (aa Any of the following offenses as described in Chapter 21 of the Texas Penal Code: (aa) Public lewdness; (bb) fudecent exposure; (cc) fudecency with a child; (ii) Sexual assault or aggravated sexual assault as described in Chapter 22 of the Texas Penal Code; Page 12 2 4 6 8 10 12 14 16 18 20 22 "'\4 26 28 30 32 34 36 38 40 42 44 5 W:\N' ~tt\SOB.'Nf'd (iii) Incest, solicitation of a child or harboring a runaway child as described in Chapter 25 of the Texas Penal Code; (iv) Possession or distribution of a controlled substance; or (v) Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses; and (B) For which: (i) Less than two years have elapsed since the date of conviction, or the date of release from the tenns of probation, parole, or deferred adjudication, or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; (ii) Less than five years have elapsed since the date of conviction, or the date of release from the tenns of probation, parole, or deferred adjudication, or the date of release from confinement for the conviction, whichever is the later date, ifthe conviction is of a felony offense; or (iii) Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, ifthe convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any two year period. (b) The fact that a conviction ofthe applicant or applicant's spouse is being appealed shall have no effect on the disqualification. (c) An applicant who has been convicted or whose spouse has been convicted of an offense listed in Section 15-177(a)(10)(A) may qualifY for a sexually oriented business license only when the time period required by Section 15-177(a)(10)(B) has elapsed. (d) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. (e) The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. Page 13 16 18 20 22 26 28 30 32 34 36 38 40 42 44 2 4 6 8 10 12 14 4 W'\,"iRJ -Dn;tt\SOB.wpU - - Sec. 15-178. Inspection and Maintenance of Records. (a) An applicant or licensee shall pennit representatives of the police department, health department, fire department, and building inspections division to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time during the 3D-day application period or after it is occupied or open for business. The provisions ofthis section do not apply to areas of an adult motel which are currently being rented by a customer for use as a pennanent or temporary habitation. (b) A person who operates a sexually oriented business or his agent or employee commits an offense ifhe refuses to pennit a lawful inspection of the premises by a representative of the police department, health department, fire department, or building inspections division at any time during the 3D-day application period or after it is occupied or open for business. (c) A person who operates a sexually oriented business or his agent or employee commits an offense if he operates the establishment without maintaining a current list of all employees employed by the business, along with a complete updated employment application. Each employment application shall include a copy of a valid driver's license, state identification card, or passport, all with a photo. Sec. 15-179. Expiration of License. (a) Each license shall expire one year from the date of issuance. (b) A license may be renewed by submission to the chief of police of an application on the fonn prescribed by the chief of police and payment of a nonrefundable renewal processing fee of$500. (c) Application for renewal shall be made at least 30 days before the expiration date of the license. When application is made less than 30 days before the expiration date, the new expiration date will not be affected. Sec. 15-180. Suspension. (a) The chief of police shall suspend a license for a period not to exceed 30 days if he detennines that a licensee or an employee of a licensee: (1) Has violated or is not in compliance with Section 15-174, 15- 178(b), or 15-183 of this article. (2) Is in a state of public intoxication while on the sexually oriented business premises; Page 14 2 4 6 8 10 12 14 16 18 20 22 4 26 28 30 32 34 36 38 40 42 44 W:'.'I r..onhnanœÞDn.lI\SOD. wpd (3) Refuses to allow an inspection of the sexually oriented business premises as authorized by this article; or (4) Knowingly pennits gambling by any person on the sexually oriented business premises. (5) Is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the sexually oriented business. (b) When the chief of police is authorized to suspend a license under this section, he shall give the licensee the opportunity to pay a reinstatement fee of $200 rather than have the license suspended. (1) Payment of this reinstatement fee shall be considered an administrative admission of the violation. However, this shall not be used as an admission of guilt in a criminal prosecution under this article. (2) If the licensee does not pay the reinstatement fee before the expiration of the third working day after notification, he loses the opportunity to pay it and the chief of police shall impose the suspension. " (3) Each day in which a violation is permitted to continue shall constitute a separate cause for suspension. Sec. 15-181. Revocation. (a) The chief of police shall revoke a license if a cause of suspension in Section 15-180 occurs and the license has been suspended or a reinstatement fee paid within the preceding 12 months. (b) The chief of police shall revoke a license if he determines that: (1) A licensee gave false or misleading information in the material submitted to the chief of police during the application process; (2) A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the sexually oriented business premIses; (3) A licensee or an employee has knowingly allowed prostitution on the sexually oriented business premises; (4) A licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended; Page 15 2 4 6 8 10 12 14 16 18 20 22 '4 26 28 30 32 34 36 38 40 42 44 5 W-'N )n _Ond\~OliwpJ (5) A licensee has been convicted ofan offense listed in Section 15- 177(a)(IO) for which the time period required has not elapsed; (6) On two or more occasions within a 12-month period, an employee of the establishment committed in or on the licensed premises an offense listed in Section 15-177(a)(IO) for which a conviction has been obtained; or (7) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the sexually oriented business premises. The term "sexual contact" shall have the same meaning as it is defined in Section 21.01, Texas Penal Code. (c) The fact that a conviction is being appealed shall have no effect on the revocation of the license. (d) Section 15-181(b)(7) does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public,þlace or within public view. ( e) When the chief of police revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the chief of police finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. Ifthe license was revoked under Section 15-181(b)(5), an applicant may not be granted another license until the appropriate number of years required under Section 15- 177(a)(10) has elapsed. Sec. 15-182. Appeal. (a) If the chief of police is authorized to deny the issuance of a license, or suspend or revoke a license as provided in this ordinance, the chief of police shall give written notice to the applicant or licensee of such intention. (1) The notice shall provide that the denial of issuance, suspension, or revocation shall take effect at the expiration of the third working day after notification unless the licensee provides a written response to the chief of police before the expiration of the third working day. (2) If a written response from the applicant or licensee is received by the chief of police before the expiration of the third working day, the Page 16 2 4 6 8 10 12 14 16 18 20 22 '4 26 28 30 32 34 36 38 40 42 44 w.'....RJ I'OnJ._DnIt'SOB.wpoJ suspension, denial of issuance or revocation will be stayed pending a decision by the chief of police. The chief of police shall review the response before the rendering of a decision. (3) The chief of police shall give written notice of this decision to the applicant or licensee. (4) The decision by the chief of police is effective immediately and final pending any appeal. (5) Notice shall be deemed delivered by hand delivery to a licensee, owner, or employee of the establishment or by a posting ofthe notice at the usual business entrance of the establishment. Notice may also be sent by certified mail, return receipt requested. Such notice shall be mailed to the address listed in the license application for receipt of notice. (b) Upon receipt of written notice of the denial, suspension, or revocation, the licensee whose application for a license has been denied or whose license has'been suspended or revoked shall have the right to appeal to an appropriate court. (c) An appeal to the appropriate court must be filed within 30 days after the receipt of notice of the decision of the chief of police. (d) The licensee or applicant shall bear the burden of proof in court. Sec. 15-183. Transfer of License. (a) A person commits an offense ifhe transfers his license to another person or operates a sexually oriented business under the authority of a license at any place other than the address designated in the application. (b) A person commits an offense ifhe counterfeits, forges, changes, defaces, or alters a license. Sec. 15-184. Additional Regulations for Adult Cabarets. (a) An employee of an adult cabaret while appearing in a state of nudity, semi-nudity, or simulated nudity commits an offense if he touches a customer or the clothing of a customer. (b) A customer at an adult cabaret commits an offense if he touches an employee appearing in a state of nudity, semi-nudity, or simulated nudity. Page I 7 2 4 6 8 10 12 14 16 18 20 22 '4 26 28 30 32 34 36 38 40 42 44 ; W:\"" roru___Onœsoawpd (c) A licensee or employee of an adult cabaret commits an offense if he pennits any customer access to an area of the premises not visible fÌ"om the manager's station or not visible by a walk through of the premises without entering a closed area, excluding restrooms. Sec. 15-185. Additional Regulations for Escort Agencies. (a) A person commits an offense if he employs at an escort agency any person under the age of 18 years. (b) A person commits an offense if he acts as an escort or agrees to act as an escort for any person under the age of 18 years. Sec. 15-186. Additional Regulations for Nude Model Businesses. (a) A person commits an offense ifhe employs at a nude model business any person under the age of 18 years. (b) A person under the age of 18 years commits an offense ifhe appears in a state of nudity, semi-nudity, or simulated nudity in or on the premises of a nude model business. It is a defense to prosecution under this subsection ifthe person under 18 years was in a restroom not open to public view or persons of the opposite sex. (c) A person commits an offense if he appears in a state of nudity, semi- nudity, or simulated nudity, or knowingly allows another to appear in a state of nudity, semi-nudity, or simulated nudity, in an area of a nude model business premises which can be viewed from the public right-of-way. (d) A person commits an offense if he places or pennits a bed, sofa, or mattress in any room on the premises of a nude model business except that a sofa may be placed in a reception room open to the public. ( e) A licensee or employee of a nude model business commits an offense ifhe pennits any customer access to an area of the premises not visible from the manager's station or not visible by a walk through of the premises without entering a closed area, excluding restrooms. (f) An employee of a nude model business, while appearing in a state of nudity, semi-nudity or simulated nudity, commits an offense if he touches a customer or the clothing of a customer. (g) A customer at a nude model business commits an offense ifhe touches an employee appearing in a state of nudity, semi-nudity or simulated nudity. Page I 8 16 18 20 22 26 28 30 32 34 36 38 40 42 44 . ) 2 4 6 8 10 12 14 4 W·':);RJ«· __CftI\,&)B.~ Sec. 15-187. Additional Regulations for Adult Theaters and Adult Motion Picture Theaters. (a) A person commits an offense ifhe knowingly allows a person under the ~ge of 18 years to. appear in a state of nudity, semi-nudity, or simulated nudity m or on the premIses of an adult theater or adult motion picture theater. (b) A person under the age of 18 years commits an offense ifhe knowingly appears in a state of nudity, semi-nudity, or simulated nudity in or on the premises of an adult theater or adult motion picture theater. (c) It is a defense to prosecution under subsections (a) and (b) of this section if the person under 18 years was in a restroom not open to public view or persons of the opposite sex. Sec. 15-188. Additional Regulations for Adult Motels. (a) Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as'that tenn is defined in this article. (b) A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, he rents or sub rents a sleeping room to a person and, within 10 hours fÌ'om the time the room is rented, he rents or subrents the same sleeping room again. (c) For purposes of Subsection (b) of this section, the tenns "rent" or "subrent" mean the act of pennitting a room to be occupied for any fonn of consideration. Sec. 15-189. Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos. A person who operates or causes to be operated a sexually oriented business other than an adult motel, which exhibits on the premises in a viewing room ofless than 150 square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements: (a) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which Page 19 18 20 22 26 28 30 32 34 36 38 40 42 44 2 4 6 8 10 12 14 16 4 W:\N __Dr.a\SOB. a-pd .~.__..~..,...-----~._---- customers will not be pennitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the pennit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The chief of police may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. (b) The application shall be sworn to be true and correct by the applicant. (c) No alteration in the configuration or location of a manager's station may be made without the prior approval of the chief of police or his designee. (d) The licensee commits an offense ifhe pennits a manager's station to be unattended by an employee at any time a customer is present on the premises. (e) The interiorbfthe premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any customer is pennitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any customer is pennitted access for any purpose, excluding restrooms, from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. (f) The licensee commits an offense if he pennits access to a customer of any area of the premises that is not visible from the manager's station for any purpose, excluding restrooms. (g) The owners, operator, and any agents and employees present on the premises shall ensure that the view area specified in Section 15-189(e) remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times that any customer is present in the premises and to ensure that no customer is pennitted access to any area of the premises which has been designated as an area in which customers will not be pennitted in the application filed pursuant to Section 15-189(a) of this section. (h) The premises of an adult bookstore, adult video store, adult novelty store, adult service establishment, nude model business, sex parlor, and sexual Page 20 18 20 22 26 28 30 32 34 36 38 40 42 44 4 6 8 10 12 14 16 4 2 W:\"RH d'SOa.... _.. ~""""_h_ ..._~. .._,~.~~~,. encounter center shalI be equipped with overhead lighting fixtures of sufficient intensity to ilIuminate every place to which customers are pennitted access at an illumination of not less than 20 footcandles as measured at the floor level. (i) The licensee commits an offence ifhe pennits illumination of any area of the premises to which customers have access to be less than 20 footcandles. Sec. 15-190. Additional Regulations for Sexually Oriented Businesses. (a) Public and employee restrooms in a sexualIyoriented business shalI not, at any time, contain or be used for sexualIy oriented business activity, video reproduction equipment, or sexually oriented merchandise. (b) An adult arcade, adult bookstore, adult video store, adult novelty store, adult service establishment, adult cabaret, adult theater, adult motion picture theater, nude model business, sex parlor, and sexual encounter center shalI at alI times maintain at least one legible sign posted in a conspicuous place at each public entrance easily visible by all persons prior to entry into the establishment with lettering of at least one inch in height in English and Spanish which contains the following statement: "THIS IS A SEXUALLY ORIENTED BUSINESS EST ABLISfTh1ENT WHICH REGULARL Y FEATURES [description ofthe type of activity licensed to be conducted]. IF NUDITY OR ACTIVITY OF A SEXUAL NATURE OFFENDS YOU DO NOT ENTER. NO PERSONS UNDER EIGHTEEN YEARS OF AGE ALLOWED ENTRY [or "NO PERSON UNDER TWENTY-ONE YEARS OF AGE ALLOWED ENTRY," if alcohol is served]. (c) During hours of darkness when a sexually oriented business is in operation, alI required parking and all outdoor pedestrian areas on the premises of the sexually oriented business shalI be lighted to an intensity of not less than five footcandles measured at ground level. Sec. 15-191. Violation a Misdemeanor. Any person who violates any of the provisions ofthis article shall be guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed $2,000 for each offense affecting zoning, fire safety or public health and sanitation, and $500.00 for all other offenses. Each day that a violation is pennitted to exist shall constitute a separate offense. Page 21 18 20 22 '4 26 28 30 32 34 36 38 40 42 44 ) 2 4 6 8 10 12 14 16 W·\.~RH Illalll,:U-LlnuilSOB. wpd Sec. 15-192. Defenses. It is a defense to prosecution under Sections 15-174, 15-175, and 15-186 that a person appearing in a state of nudity, semi-nudity, or simulated nudity did so in a modeling class operated: (a) By a proprietary school licensed by the State of Texas; a college, junior college, or university supported entirely or partly by taxation; (b) By a private college or university which maintains and operates educational programs in which credits are transferrable to a college, junior college, or university supported entirely or partly by taxation; or (c) In a structure: (1) Which has no sign or other advertising visible from the exterior of the structure indicating a nude, semi-nude or simulated nude person is available for viewing; and (2) Where in order to participate in a class a student must enroll at least three days in advance of the class; and (3) Where no more than one nude, semi-nude or simulated nude model is on the premises at anyone time. Sec. 15-193. License Appeal Board; Exemptions From Location Restrictions of SexuaIly Oriented Businesses. (a) A license appeal board is hereby created. The license appeal board shall have the power to rule upon the appropriate disposition of applications for exemptions ITom the location restrictions for sexually oriented businesses set forth in Section 15-174. (b) If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business is in violation of Section 15-174, then the applicant may, not later than 10 calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption ITom the location restrictions. (c) If the written request is filed with the city secretary within the 1 a-day limit, a license appeal board shall consider the request. The city secretary shall set a date for the hearing within 60 days ITom the date the written request is received. (1) The license appeal board shall consist of five members. Page 22 20 22 26 28 30 32 34 36 38 40 42 44 2 4 6 8 10 12 14 16 18 4 w:......RH <'-'.."--"...-^'.~"...~-~-----..~-~-~- (2) The city council shall by majority vote appoint five members to the board and may appoint as many as two alternate members. (3) Board members shall be appointed to two-year tenns. (4) All members shall be residents of the City of North Richland Hills. (d) A hearing by the board may proceed only if five of the board members or alternates are present. The board shall hear and consider evidence offered by any interested person. The fonnal rules of evidence do not apply. (e) The license appeal board may grant an exemption fÌ'om the location restrictions of Section 15-174 ifit makes the following findings: (1) That the location ofthe sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare; (2) That the location of the sexually oriented business will not downgrade the property values or quality oflife in the adjacent areas or encourage the development of urban blight; (3) That the location of the sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and (4) That all other applicable provisions of this article will be observed. (f) In making the findings specified in Section 15-193(e), the board shall take into account, among other things: (1) Crime statistics ofthe location and its 1 OOO-foot radius, without regard to city boundaries, maintained by the appropriate law enforcement agency for the previous six-month period; (2) Tarrant County Appraisal District appraisals for the location and its 1000-foot radius, without regard to city boundaries, taking into account any decline or increase in property values; (3) Vacancy rates of residential, commercial, or office space within the surrounding 1000- foot radius, without regard to city boundaries; and --or.rt\SOawpù Page 23 2 (4) Any evidence regarding the award or denial of any public or private grants for neighborhood conservation, urban renewal, or restoration for any property located within a 1000- foot radius, without regard to city boundaries. 4 6 8 (g) The board shall grant or deny the exemption by a majority vote. Failure to reach a majority vote approving the exemption shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance ofthe evidence. The decision of the license appeal board is final. 10 12 (h) If the board grants the exemption, the exemption is valid for one year from the date of the board's action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of Section 15-174 until the applicant applies for and receives another exemption. 14 16 18 (i) If the board denies the exemption, the applicant may not reapply for an exemption until at least 12 months have elapsed since the date of the board's action. 20 22 (j) The grant of an exemption does not exempt the applicant from any provisions of this article other than the locational restrictions. 24 Sec. 15-194. Amendment of this Article. 26 Section 15-174 may be amended only after compliance with procedures required to amend a zoning ordinance. All other sections of this article may be amended by an ordinance approved by the city council." 28 Section 2: Section 310, "TABLE OF PERMITTED USES," of the North Richland Hills Zoning Ordinance is hereby amended to allow sexually oriented businesses as a permitted use in the 1-2 zoning districts, eliminating the classification "Adult Entertainment Estab lishment." 30 32 34 Section 3; Section 1100, "Definitions", of the North Richland Hills Zoning Ordinance is hereby amended by eliminating the definition of Adult Entertainment Establishment and adding the definition of sexually oriented business to read as follows: 36 38 40 "Sexually oriented business - an establishment as defined in Section 15-173 of the North Richland Hills Code of Ordinances." 42 Section 4; This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, w·'....R.H'G N:Ini__...OoII\\SOawpJ Page 24 2 4 6 8 10 12 14 16 18 20 22 '4 26 28 30 32 34 36 38 40 42 Section 5: Section 6: Section 7: Section 8: Section 9: except when the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event, the conflicting provisions of such ordinances and such Code are hereby repealed. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this 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 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. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense affecting zoning, fire safety or public health and sanitation, and Five Hundred Dollars ($500.00) for all other offenses. Each day that a violation is permitted to exist shall constitute a separate offense. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any other ordinance or code provision affecting sexually oriented businesses which have accrued at the time ofthe effective date ofthis ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. The City Secretary of the City of North Richland Hills is hereby directed to publish the caption, penalty clause, and publication clause of this ordinance in every issue of the official newspaper of the City of North Richland Hills, as authorized by Section 52.013 of the Texas Local Government Code. This ordinance shall be in full force and effect immediately after its passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 23rd day of September, 2002. W·"...RHII:ìc ton1..-OnItN>Oa WJId Page 25 --~_.-._--_._- 2 4 6 8 10 12 14 16 18 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVE ASO FORM AND LEGALITY: George A. Stap es, Atomey w:\.....RJi'(.' -..-Dntt\SOll""Jld Page 26 CITY OF NORTH RICHLAND HILLS . . '-Department: Administration Council Meeting Date: 9/23/2002 Subject: Consideration of an Interlocal AQreement EstablishinQ the Agenda Number: GN 2002-~13 Northeast Transportation Services Urban Transit District (NETSUTD) - Resolution No. 2002-077 The purpose of this Resolution and Interlocal Agreement is to establish an Urban Transit District to provide on demand transportation services to the elderly and disabled in Northeast Tarrant County, specifically within the cities of Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst, Keller and North Richland Hills. As you know, this service is being provided through the Northeast Transportation Service (NETS) currently operated by the Urban Services YMCA, and the cities listed in the previous sentence participate in this program. However, because of changes in the way this program is receiving Federal funds,· the Federal Transit Administration (FTA) and the Texas Department of Transportation (TXDOT) recommended that these cities form an Urban Transit District in order to cooperatively oversee this program. The City Manager and members of the Management Staff of each of these cities have been meeting periodically over the last several months to address NETS funding and operational issues, and to discuss the formation of an Urban Transit District (l:JTD) as recommended by TXDOT and the FT A. The general consensus is that the formation of a ~. UTD would be beneficial for several reasons. First, the formation of this district would formally distribute responsibility for the NETS program among all of the participating cities. Second, the formation of the UTD will include the establishment of a board that will oversee the management and operation of the NETS service, which will give the participating cities direct and formal oversight of this transportation service. Finally, the UTD board w.iII be able to set and enforce operational standards for the program. Generally, the Interlocal Agreement provides the following: · The geographic area of the UTD is the corporate city limits of all the participating cities. · The UTD shall supervise the performance of the interlocal agreement and the operation of the NETS program. · The UTD shall be governed by a board. The first year, the board will be made up of the City Manager of each participating city. In future years, the City Council of each participating city will appoint a member to the board (an elected official or a member of City Staff). Finance Review Account Number Sufficient Funds Available Source of Funds: Bonds (GO/Rev.) Operating Budget Other \~¡¡.bAA:; ~Ä-' Department Hea Signature Budget Director Finance Director ~~G# Page 1 of ~ CITY OF NORTH RICHLAND HILLS · The City of Grapevine and the City of North Richland Hills will serve as co-lead agencies. Grapevine will serve as the lead agency with respect to Federal issues. North Richland Hills will serve as the lead agency with respect to State issues. · The UTD board shall select a contractor to operate NETS. · The Contractor will assume all operational responsibilities of the transportation service. · The UTD Board can seek grants to support the service. · The participating cities can provide cash or in kind contributions to support NETS. · The cities ean·contract for services to support NETS including fueling and other support services. For your information, the Federal guidelines do require open procurement for the operation of this service. However, the YMCA shall remain the contractor for the next fiscal year, October 1, 2002 through September 30, 2003. The City Managers of each participating city are in the process of reviewing open procurement options, and are evaluating the current service and developing means to improve the service. Recommendation Approve Resolution No. 2002-077 authorizing an Interlocal Agreement with the cities of Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst and Keller establishing the Northeast Transportation Services Urban Transit District. "- CITY COUNCIL ACTION ITEM P=anø ? nf ? RESOLUTION NO. 2002-077 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITIES OF BEDFORD, COLLEYVILLE, EULESS, GRAPEVINE, HURST, HALTOM CITY, AND KELLER TO PROVIDE ON DEMAND TRANSPORTATION SERVICES FOR THE ELDERLY AND DISABLED IN NORTHEAST TARRANT COUNTY; ESTABLISHING THE NORTHEAST TRANSPORTATION SERVICES URBAN TRANSIT DISTRICT; AUTHORIZING THE CITY OF GRAPEVINE TO ACT AS THE LEAD AGENCY WITH REGARD TO FEDERAL FUNDING; AUTHORIZING THE CITY OF NORTH RICHLAND HILLS TO ACT AS THE LEAD AGENCY WITH REGARD TO STATE FUNDING; AND DECLARING AN EFFECTIVE DATE WHEREAS, the Cities of Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst, Keller and North Richland Hills desire to enter into an interlocal agreement to establish the Northeast Urban Transit District as an urban transportation system provider under Chapter 458 of the Texas Transportation Code; and WHEREAS, the intent of this agreement is to provide for an on demand transportation service for the elderly and disabled in the Northeast Tarrant County area; and WHEREAS, the City of Grapevine, Texas agrees to be the co-lead agency and recipient of Federal funds; and WHEREAS, the City of North Richland Hills, Texas agrees to be the co-lead agency and recipient of State funds; and WHEREAS, the North Richland Hills City Council finds that the agreement serves a beneficial public purpose; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION ONE. That the Mayor is hereby authorized to execute, on behalf of the City, an interlocal agreement with the Cities of Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst, and Keller related to providing transportation services in the Northeast Tarrant County area, substantially in the form attached as Exhibit "A". 1 SECTION TWO. That the establishment of the Northeast Transportation Services Urban Transit District is approved. SECTION THREE. That the City of Grapevine is designated as a co-lead agency and authorized to be the liaison with all contractors and Federal regulatory agencies, and for the City Manager of Grapevine, or the City Manager's designee, to execute all Federal grants and contracts related to Federal funding on behalf of the Northeast Transportation Services Urban Transit District. Before any contract is effective, it must be reviewed by the City Manager, or designee, of each member city. SECTION FOUR. That the City of North Richland Hills is designated as a co-lead agency and authorized to be the liaison with all contractors and State regulatory agencies and for the, City Manager of North Richland Hills, or the City Manager's designee, to execute all State grants and contracts related to State funding on behalf of the Northeast Transportation Services Urban Transit District. Before any contract is effective, it must be reviewed by the City Manager, or designee, of each member city. SECTION FIVE. That this resolution shall be in effect at the time of its adoption. Passed and approved this 23rd day of September, 2002. Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary 2 RECOMMENDED AND APPROVED: Larry J. Cunningham, City Manager APPROVED AS TO FORM: George Staples, City Attorney 3 Exhibit A INTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement") is being made between the local governments of Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst, Keller, and North Richland Hills (the "local governments") to create an urban transit district (UTD) and to operate a public transportation system within this UTD to be named the Northeast Transportation Services Urban Transit District ("NETSUTD"). PREAMBLE WHEREAS, the local governments agree to create an urban transit district ("UTD") under Chapter 458 of the Texas Transportation Code to be called the Northeast Transportation Services Urban Transit District ("NETSUTD"); and WHEREAS, federal and state urbanized public transportation funds may be used to provide transportation services within the described area; and WHEREAS, the NETSUTD boundaries shall initially be within, but not wholly inclusive of, the Northeast Tarrant County area and may be changed in the future through growth of the area or withdrawal of a local government entity from this Agreement; and WHEREAS, the newly created NETSUTD is a political subdivision district under the laws of the State of Texas as defined by Chapter 458 of the Texas Transportation Code and Chapter 791 of the Texas Government Code; and WHEREAS, the Agreement is made under the authority of the Interlocal Cooperation Act of 1971, as amended and codified in Chapter 791 of the Texas Government Code; and WHEREAS, the governing bodies of the local governments have authorized their undersigned representatives to enter into this Agreement; THEREFORE, for and in consideration of the mutual promises and covenants contained in this Agreement, it is agreed that: SECTION I. Purpose The purpose of this Agreement is to provide for an on demand transportation service for the elderly and disabled to be operated within the Northeast Tarrant County area as recognized by the local governments, TxDOT, and the Governor of the State of Texas. SECTION II. Creation of an Urban Transit District 1. Northeast Transportation Services Urban Transportation District is hereby created as an urban transit district, and the geographical area to be served by the NETSUTD shall be within, but not wholly inclusive of, the northeast portion of Tarrant County including the 1 Exhibit A corporate city limits of each participating local government, or as the area may be changed in the future by approval of the local governments. 2. NETSUTD shall supervise the performance of this Agreement and operate an on demand transportation service for the elderly and disabled within the UTD. SECTION III. Governance 1. The NETSUTD shall be exclusively governed by a board of directors (the "Board"), composed as follows: during the first year of this Agreement, the City Manager of each of the participating local governments shall serve on the Board. After the first year of this Agreement, the City Council of each participating local government shall appoint one member to the Board, which may be a member of City staff or a member of the City Council. The Board shall be authorized to oversee the operation and management of the provision of transportation services within the NETSUTD. 1. The City of Grapevine shall be designated as the lead agency with regard to Federal funding and authorized to act as the liaison with all contractors and Federal regulatory agencies and for the City Manager of Grapevine, or the City Manager's designee, to execute all Federal contracts and grants on behalf of the Northeast Transportation Services Urban Transit District. All Federal contracts and grants must first be approved by the NETSUTD Board. 2. The City of North Richland Hills shall be designated as the lead agency with regard to State funding and authorized to act as the liaison with all contractors and State regulatory agencies and for the City Manager of North Richland Hills, or the City Manager's designee, to execute all Federal contracts and grants on behalf of the Northeast Transportation Services Urban Transit District. All State contracts and grants must first be approved by the NETSUTD Board. SECTION IV. Rights and Duties 1. Management and Operation of the System a. The Board shall select an Independent Contractor ("Contractor") to manage and operate an on demand transportation service for the elderly and disabled which includes all properties, equipment, facilities, routes, and services now or hereafter existing for such purposes. b. The Board shall establish operational and performance standards for the transportation service including but not limited to usage, on-time pick up, mileage, and priorities of service. c. The Contractor shall submit quarterly operational and performance standard reports to the Board. 2 Exhibit A d. The Contractor shall employ, furnish, and supervise employees necessary for the operation of this system. e. The Contractor shall assume the active direction of the system including transportation, maintenance, schedule preparation, accounting, purchasing and contracting, public relations, and human resources. f. Management and operation of the system shall be provided from one or more principal offices located within the UTD and approved by the Board. g. The use of public streets within the geographical area of the local governments shall be subject to the control of the local governments and such local governments may require the UTD to comply with city ordinances. h. Contractor shall submit a NETSUTD budget for approval by the local governments on an annual basis in the same form and manner as required for City Departments. The budget shall include a general budget for cost to be allocated between the participating local governments. i. Contractor shall maintain complete and accurate financial records of each expenditure. An audit of the funds and activities under this contract shall be made annually. The auditors performing the above described audit shall have access to and the right to examine all records and accounts and such other Contractor records and accounts as may be reasonably necessary to conduct and complete the audit. 2. Routes, Schedules, and Fares a. The Contractor shall manage, supervise, and operate the on demand transportation service in an efficient and economical manner. b. The service shall be operated on the schedule and with fares approved by the Board. 3. NETSUTD to Seek Grants a. The local governments shall pursue and apply for appropriate grant funding to support the system. The Board may designate one or more persons to be solely responsible for executing grant agreements and receiving and managing grant funds. b. The NETSUTD shall be responsible for complying with the obligations and responsibilities under all grants and all accompanying certifications, assurances, and agreements made or given by the Federal Transit Administration, or the Texas Department of Transportation or other entity. c. The NETSUTD shall comply with all applicable laws, regulations, ordinances, rules, guidelines, and requirements of the United States and the State of Texas and the local governments within which it provides on demand transportation service. 3 Exhibit A 4. Contributions to the NETSUTD a. The local governments may provide contributions, in funds or in-kind, to the NETSUTD for the enhancement of the system. The NETSUTD may use such contributions as matching funds as allowed by law. b. If any funds or in-kind contributions are provided by a local government, said funds or in-kind contributions may be specified by the local government to be used solely to enhance and support the transportation services in the contributing local government geographical area. NETSUTD shall maintain accounting records that will track how the funds are used to support the public transportation service in the contributing local government geographical area. The local governments shall have the right to inspect the financial records of the NETSUTD during regular business hours to assure compliance with this Agreement. c. It is understood that any local share contribution shall constitute a current expense of the local government during the year in which the contribution is made and shall not be considered or construed as a debt of the local governments in contravention of a constitutional, statutory, or charter provision. 5. Contracting With the NETSUTD a. NETSUTD may contract with local governments for the provIsion of support services such as fueling stations. The local governments may contract with the NETSUTD for services which the NETSUTD cannot provide through normal funding sources. The local governments may contract with NETSUTD for special services such as special event shuttle services that are not included in the day- to-day operations of the public transportation services. Each local government paying for such special services shall make these payments from current funds and the local governments hereby affirm that funds to pay such payments to the NETSUTD are available for the current fiscal year. NETSUTD's provision of any special contractual services shall not interfere with or reduce the quality of service being provided by the public transportation system within the NETSUTD. 6. Specific Powers a. The NETSUTD shall have the powers of the UTD to operate the system including, but not limited to, the power to contract, to acquire and own real and personal property, and to accept and expend grant funds from governments, legal entities and individuals. b. The NETSUTD shall not have the power to tax, to obligate local governments, to assess local governments, or to adopt ordinances, laws, or regulations. c. The NETSUTD shall have the power to enter into agreements that exceed one year only with prior approval of all participating local governments. 7. Legal Liability 4 Exhibit A a. The NETSUTD shall be a government unit performing as an institution of the local governments and as authorized by Chapter 458 of the Government Code, and shall have the immunities and liabilities as provided under the Texas Civil Practices and Remedies Code. b. The Contractor selected by the NETSUTD shall indemnify NETSUTD and the local governments and hold them harmless from any claims, causes of action, damages, attorney fees, costs, suits, or liability. The Contractor shall obtain and maintain insurance, naming NETSUTD and the cities of Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst, Keller, and North Richland Hills as additional insureds, in an amount sufficient to cover the maximum joint and several liability (if any) of all parties under the Texas Tort Claims Act (as amended) for all claims, suits, causes of action, damages, attorney fees, and costs, arising out of or related to acts or omissions in the maintenance or operations for the provision of transportation services. The Contractor shall obtain and maintain Workers' compensation insurance in an amount sufficient to cover the statutory requirements. The Contractor shall provide certificates of insurance to parties upon request. 8. Interruption of Service a. The NETSUTD shall not be liable to the local governments for any failure, delay, or interruption of service or for any failure or delay in the performance of any duties and obligations under this Agreement or similar acts beyond the control of the NETSUTD. 9. Captions and Severability a. The descriptive captions of this Agreement are for informational purposes only and shall not limit nor affect the terms and conditions of the paragraphs. b. The sections, paragraphs, sentences, clauses, and phrases of this Agreement are severable, and if any designated portion is declared invalid, such invalidity shall not affect any remaining portions of this Agreement. SECTION V. Dissolution and Amendment 1. Any local government may withdraw from this Agreement for the coming fiscal year upon written notice to the NETSUTD on or prior to July 1 of each year. Should a local government withdraw from this Agreement, the boundaries of the NETSUTD service area shall be revised the first day of the fiscal year (October 1) to exclude the corporate city limits of that local government. When a local government withdraws from this Agreement, the local government will forfeit its share of net assets and capital equipment acquired by NETSUTD with funds or matching funds provided through 49 United States Code, Section 5307 during the time in which the local government was a party to this Agreement. 2. The UTD, as a government unit, may be dissolved by withdrawal of all local governments. Upon dissolution, the net assets of the UTD shall be disposed in 5 Exhibit A accordance with the agreement of the cities and laws of the State of Texas and the United States. 3. This Agreement may be amended by the approval of the City Councils of each participating local government. SECTION VI. Effective Date and Term 1. This Agreement shall take effect when adopted by both the City Councils of each of the participating local governments. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duty authorized representatives. SIGNED AND AGREED TO this 23rd day of September 2002. LOCAL GOVERNMENTS: CITY OF BEDFORD CITY OF COLLEYVILLE By: John F. Murphy, Mayor By: Donna Arp, Mayor CITY OF EULESS CITY OF GRAPEVINE By: Mary Lib Saleh, Mayor By: William D. Tate, Mayor CITY OF HALTOM CITY CITY OF HURST By: Calvin White, Mayor By: William D. Souder, Mayor CITY OF KELLER CITY OF NORTH RICHLAND HILLS By: Dave Phillips, Mayor By: Oscar Trevino, Mayor 6 Announcements and Information September 23, 2002 Announcements - COUNCILMAN TOLBERT The Fire Department will host their annual Open House on Saturday. October 5th. There will be great entertainment and educational information for families to learn about fire safety. Kids especially love the big fire trucksl So bring your family to this fun. free event starting at 10:00 a.m. at Fire Station 4, 7202 Dick Fisher Drive. Candidate filina for Place 7 will continue through October 7th. Residents can obtain an application from the City Secretary's Office at 817-427-6060. The election for City Council Place 7 will be on November 5th. MasterWorks will perform its final performance of the season at the NRH Library on October 8th. 4 Ever Young, an a capella/doowop vocal group, will begin their show at 7:00 p.m. Information - COUNCILWOMAN JOHNSON September 28 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. 817 -427 -6570