The URL can be used to link to this page

Home My WebLink AboutCC 2003-04-14 Agendas 1 \ . CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA APRIL 14, 2003 - 6:15 PM For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. Discuss Items from Regular April 14, 2003 City Council Meetinq (5 Minutes) 2. IR 2003-030 Update and Review of Planning and Zoning Schedule (10 Minutes) 3. IR 2003-032 Discuss Setting of Date for May Council Meeting and Special Budqet Worksession (5 Minutes) 4. Adiournment . *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 1./-1/·03 Date '-/:0.5 pm Time 04/14/03 City Council Agenda Page 1 of 6 Ci~y Secretary B~ . CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA APRIL 14, 2003 - 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 - Greg Vick, Assistant City Manager 3. Pledge - Greg Vick, Assistant City Manager 4. Special Presentations Proclamations: Child Abuse Prevention Month - S.A.V.E. Program and Alliance for Children - Mary E. Baudrau, Coordinator, S.A.V.E Program 50th Anniversary Celebration Certificate of Recognition Jeff Garner, Police Officer 5. Removal of Item(s) from the Consent Agenda . 04/14/03 City Council Agenda Page2of6 . . . NUMBER ITEM ACTION TAKEN 6. Consent Agenda a. Minutes of the Council Meeting March 13, 2003 b. Minutes of the Council Meeting March 24, 2003 PS 2002-41 c. Consideration of a Request from Northeast Tarrant Baptist Church for the Approval of the Final Plat of Northeast Tarrant Baptist Church Addition (Located in the 7000 Block of Smithfield Road - 6.2454 Acres) (Continued from the March 13,2003 City Council Meeting) PS 2003-02 d. Consideration of a Request from the City of North Richland Hills Parks Department for the Approval of the Final Plat of Lot 2- R, Block 37 Holiday North Addition, Section 11 (Located in the 5900 Block of Holiday Lane - 2.41 Acres) PS 2003-13 e. Consideration of a Request from William Chrastecky for the Approval of the Final Plat of Lots 1 & 2, Block 1 Rumfield Addition (Located in the 8900 Block of Rumfield Road - 2.53 Acres) GN 2003-047 f. Authorization to Participate in the Tarrant County Contract for the 2003 Street Wedge Milling Project GN 2003-048 g. Setting Council Meeting Date to Canvass May 3, 2003 Election PU 2003-022 h. Authorization to Participate in the City of Hurst Contract for the Annual Slurry Seal Application Program 04/14/03 City Council Agenda Page 3 of 6 . . . NUMBER ITEM ACTION TAKEN Consent Agenda Cont'd PU 2003-023 i. Award Bid for 2003-Year Model Self- Propelled Broom to Continental Equipment Company in the Amount of $28,995 PW 2003-005 j. Approve Agreement with TxDOT for Utility Relocations at Loop 820 and Rufe Snow Drive - Resolution No. 2003-040 PAY 2003-002 k. Approve Final Pay Estimate #5 to Green Scaping in the amount of $28,057.23 for Rumfield Road, Phase 3 Miscellaneous Improvements 7. PS 2003-07 Public Hearing to Consider a Request from Cambridge Homes Inc. for the Approval of the Final Plat of Lots 22-R, 23-R & 24-R, Block I, Lots 24-R, 25-R, 26-R & 27R, Block II, Lots 27- R, 28-R, 29-R & 30-R, Block LL, Lots 1-R, 2-R, 3-R, 4-R, 5-R, 6-R, 7-R & 8-R, Block NN of the Town Center Addition (Located East of Davis Boulevard and South of Mid-Cities Boulevard - 1.969 Acres) 8. PZ 2003-02 Public Hearing to Consider a Request from the Stinson Development Corporation for the Approval of a Zoning Change from "AG" Agricultural to "R-2" Residential and "NS" Neighborhood Services in the 7600-7700 Block of Precinct Line Road (10.56 and 5.95 acres respectively) - Ordinance No. 2698 9. PZ 2003-07 Public Hearing to Consider a Request from H&H Capital, Limited for the Approval of a Zoning Change from "C-2" Commercial to "1-1" Light Industrial at 5104 & 5112 Commercial Drive, 7723 & 7729 Maplewood Avenue (Approximately 1.94 Approximately Acres)- Ordinance No. 2701 04/14/03 City Council Agenda Page 4 of 6 . . . NUMBER ITEM ACTION TAKEN 10. PZ 2003-03 Public Hearing to Consider a Request from Rivercrown Investments on behalf of the Property Owners for the Approval of a Zoning Change from "R-2" Residential to "HC" Heavy Commercial at 4800, 4801, 4804, 4805, 4808, 4809 & 4813 Susan Lee Drive (1.35 acres approx.) - Ordinance No. 2699 11. PZ 2003-06 Public Hearing to Consider a Request from WWCP Properties Ltd. for the Approval of a Zoning Change from "AG" Agricultural to "R-2" Residential in the 7000 Block of Eden Road (5.48 acres) - Ordinance No. 2700 12. PZ 2002-23 Public Hearing to Consider an Appeal from Jeff McKinney for the Approval of a Zoning Change from "C-1" Commercial to "R-4-D" Duplex at 8023 Starnes Road (3.92 acres) - Ordinance No. 2697 (Denied by the Planning and Zoning Commission at their February 20, 2003 Meeting) 13. GN 2003-049 Public Hearing for 29th Year Community Development Block Grant 14. GN 2003-050 Approve 29th Year Community Development Block Grant Program - Resolution No. 2003-037 15. GN 2003-051 Amending Registration Requirements of Retail Electric Providers - Ordinance No. 2695 16. GN 2003-052 Approve Recommendation for Naming of Neighborhood Park Located in the Brandonwood Subdivision - Resolution No. 2003-039 17. PW 2003-006 Approve Engineering Agreement with Kimley- Horn Associates in the amount of $87,500 for the Traffic Signal Light Communication 2003 Project - Resolution No. 2003-041 18. Action on Any Item Discussed in Executive Session listed on Pre-Council Aqenda 04/14/03 City Council Agenda Page 5 of 6 . . e , NUMBER ITEM ACTION TAKEN 19. a) Citizens Presentation b) Information and Reports 20. Adjournment - POSTED L.¡..//.03 Date "" Q:051J1)1 Time 04/14/03 City Council Agenda Page 6 of 6 Cit» Secretary a~t!h- INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2003-030 Å Date: April 14, 2003 V Subject: Update and Review of Planning & Zoning Schedule Staff continues to try to streamline and provide accurate and helpful information to developers, builders, surveyors, architects and engineers. Following a series of meetings held last year with developers, builders and engineers regarding the Development Review Process in North Rich/and Hills, two primary concerns were expressed. The primary concern was establishing a realistic time frame for approving site plans and plats. The other concern was making sure all appropriate information was received at the time of the original application. As a result of developer input and City Council direction a new P&Z schedule was implemented in January 2003 with a 13 week schedule and one deadline each month. The new schedule has allowed applicants a realistic time frame for final approval and has given the Planning & Zoning Commission a separate planning workshop meeting each month to discuss planning items and cover outstanding issues. The P&Z Commission continues to be in favor of continuing the current schedule. The extra P&Z worksessions have included discussions on Traffic Impact Analysis, Comprehensive Planning and Discussion of Zoning Changes for Building Renovations. An attached summary of P&Z items shows that staff has processed 34 cases in the last 5 months. We are receiving approximately 7 new cases each month. The average time for completing cases includes: Preliminary Plats - 9.5 weeks, Final Plats - 10.4 weeks, Zoning Cases - 12 weeks. Only one case was longer than the 13 week schedule. Dr. Renan Williams dental clinic renovation required major revisions as a result of an additional 14 feet of right-of-way necessary for the future widening of Grapevine Highway. The 2003 Planning & Zoning Schedule is attached along with a 5 month summary of active cases. Staff will be available to answer any questions regarding the proposed Planning & Zoning schedule. Sincerely, ~Q~ John Pitstick Development Director ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS . . . City of North Richland Hills Planning & Zoning Commission Meeting 2003 Schedule This schedule is intended to be used for subdivision plats, site plan reviews, planned developments and specific use permit requests October 14, 2002 November 11 , 2002 December 9, 2002 January 13, 2003 February 10, 2003 March 10, 2003 April 14, 2003 May 12, 2003 June 9, 2003 July 14, 2003 August 11, 2003 September 8, 2003 October 13, 2003 November 10, 2003 December 8, 2003 December 19 2002 January 16, 2003 February 20, 2003 March 20, 2003 April 17 2003 May 15, 2003 June 19, 2003 July 17, 2003 August 21,2003 September 18, 2003 October 16, 2003 November 20,2003 December 18, 2003 January 15, 2004 February 19, 2004 January 13, 2003 February 5, 2003 March 13,2003 April 14, 2003 May 12, 2003 June 9, 2003 July 14, 2003 August 11, 2003 September 8, 2003 October 13, 2003 November 10, 2003 December 15,2003 January 12, 2004 February 9, 2004 March 11, 2004 I I I I * This date may change due to P&Z action such as postponing, tabling or continuing a request. NOTE: All applications submitted are required to be complete. Any application subsequently found to be incomplete will be returned to the applicant and will not be considered for processing until sufficient information has been submitted. . Summary of Planning & Zoning Schedule 34 cases in last 5 cut offs (December, 2002 - April, 2003) 23 Plats 4 9 2 8 Preliminary Plats - 9.5 week average Final Plats - 10.4 week average Waiting on Applicant Scheduled for May/June hearings 11 Zoning Cases . 8 Completed - 12 week average 1 Waiting on Applicant 2 Scheduled for May/June . . . . en W ~ o z c: o ~ CD :3 CT Q. :c I!? CD c: ð ë .rl ë. Q. III c: o en :S 'ï S enÆ! :::i: Q. CD ('t) wE'r"'r" W 0 ~ u o - OOooO)('t) 'r" 'r" 'r" O)oooo('t)oo('t)('t)('t)('t),.....('t) 'r" 'r" 'r" 'r" 'r" 'r" ..J ('t)('t) ('t) ('t) _ 00 0 0 Owoo 0 0 L-NN««N«N Zr-...................................._.................. ~<C('t)('t)ZZ('t)Z"'l;t O°:!::!: :!::!: O ('t)('t) ('t) "'I;t 00 0 0 ('t)('t)('t)('t) >- >- >- i;'('t) >- III III III III 0000 ~ ~ ~ ~O ~ 0000 .e ~ .e ~O ~ ~~~~~ .e .eN .e "U "U i "U ......... i Z('t)('t)"'I;t('t) CD CD .!!"'I;t 'r" 'r" 'r" 'r" :; :; :; :3'r" :; ..................-......... i "U "U "U......... "U ('t)('t)"'I;t('t) CD CD CD"'I;t CD .r:. .r:. .r:. 150 .r:. 0000 u u u U <II <II <II <II <II ('t)('t)('t)('t)('t)('t)('t)('t)('t)('t)('t) >- >- >- III III III 00000000000 ~ ~ "U ~ CD 00000000000 .e .e :; ~ ~~~~~~~~~~~ "U .e j "U CD "U 00000""""""""",.....0,..... CD .r:. CD u NNNNN'r"'r"'r"'r"N'r" :3 :; <II :; ...........................-.........-...........................-......... "U "U Õ i ('t)NN('t)N"'I;t"'l;t"'l;t"'l;t('t)"'I;t CD CD .r:. 15 c: .r:. 00000000000 u U <II <II <II NW oð~ a.. ° ('t)('t)('t)('t)('t)('t)('t) 0000000 0000000 ~~~~~~~ OOOOCDOO ~~~~!;;2~~ NNNN('t)('t)('t) 0000000 ..J <C ~W ~~ -<C ~O ~ en NNNN('t)('t)('t)('t)('t)('t)('t)('t)('t)('t) ('t)('t)('t)('t)('t)('t)('t)('t)('t) 00000000000000000000000 00000000000000000000000 ~~~~~~~~~~~~~~~~~~~~~~~ OOO)O)O)('t)('t)('t)('t)('t)('t)('t)('t)('t)'r"OOO"'l;t('t)OO"'l;tO) 'r"OOO'r"'r"'r"'r"'r"'r"'r"'r"'r"('t)'r"'r"'r"NO'r"'r"'r"'r" .........----.............................................--....................................-...................................................... 'r"NNN'r"'r"'r"'r"'r"'r"'r"'r"'r"'r"NNNNN('t)('t)('t)('t) 'r"'r"'r"'r"0000000000000000000 U) W U) c( o .... c( ..J C. (It) o o N NNNN('t)('t)('t)('t)('t)('t)('t)('t)('t)('t)('t)('t)('t)('t)('t)('t)('t)"'I;t('t) 00000000000000000000000 00000000000000000000000 ~~~~~~~~~~~~~~~~~~~~~~~ 0)0) 0) O)('t)('t) ('t) ('t)('t) ('t)('t)('t)('t)0000 00 00 "'I;t "'I;t 0000'r"'r"'r"'r"'r"'r"'r"'r"'r"'r" 'r"'r"'r"'r"'r"'r"'r" 'r"'r" -.................................................................................--.............................................-.........-........................... NNNN'r"'r"'r"'r"'r"'r"'r"'r"'r"NNNN('t)N('t)('t)"'I;t"'l;t 'r"'r"'r"'r"0000000000000000000 ~ ~ E ø mB ~,.....tU tU'r" -~~~ ~C ~ C~ C'r" Q)OotU - C-1tUC - 0 ·E- tU .- 0 g .... .... '1J õ.. -£ C ~ ~ g 0 tU Q) C 0 C mÆ C EQ)-~~tUQ)CO~--;£~Q);O ~~i~ ~OO~ø~Q)~tU;~~~~~~E~E W-æt~=.... ....~'1J ~U~ ....~~~='1J'1J Q) ëã'1J'1J ~OO Q)~~t«SEQ)~~'1J Q)««~ ~««'1J <C =....~Q)O ~- C~«~ø '1J.... ~C Z ~C)OZCtUOC)Q)Q) =....E-~~~tUc Z '1J ~ Q) C 0 o¡: C Q) e- 32 U - ~ ëD 0 tU ~ C ã5 C ; 0 ~~~O ~~~~~~C~i~Ii~SN~~~ ~ = J: ~ C '1J Q) Q) C ~ ~ 0 ..... 0 g .... ~ == ~ tU ~ .- o 0 .- 0 = t'n ~ Q) t 0 CI .... C> ~ ~ ~ ..... U C> .- I C I'n ~ 0 '-' ,,, U 0 '- - c:: 0'-' ==I .... Z'- .....W .... ~ C> IZ LL LLW O~ .....<C ~O o CDo)O'r"N'r"N('t)"'I;t~CD"""OOo)O'r"N('t)"'I;t~CD"""OO ~~~~~~000000000'r"'r"'r"'r"'r"'r"'r"'r"'r" W 1 1 I I I I I I I I I I I I I I I I I I I I I W~NNNNN('t)('t)('t)('t)('t)('t)('t)('t)('t)('t)('t)('t)('t)('t)('t)('t)('t)('t) en~OOOOOOOOOOOOOOOOOOOOOOO <c~00000000000000000000000 O~NNNNNNNNNNNNNNNNNNNNNNN Zæææææææææææææææææææææææ . c: c: 0 ." ." ... ... ã. ã. c: c: W .!! .!! .~ .~ I- ïñ c: ïñ ã. ã. ." Q. Q. 0 011 ã. 011 ." ." Z ãí .!! ãí c: c: ã. ëñ ã. 0 0 ~ ~ ~ 01 01 ~ c: c: c: c: :¡:¡ 8 8 0 ëii ëii 0 ~ ~ S 0 CD ~ã. WECO('l')('I')co('l') ('I') O)T"" WOT""T""T"" T"" T"" T"" 3: u S >- ('I') ('I') CD CD ('1')('1')('1')('1')('1')('1') ." c: c: ..J 000000 :E 00 ~ ~ ., ., -W 000000 ... 00 ... ... 01- ~~~~~~ .2 ~~ .2 .2 Z<c "0 "i "0 ('1')('1') ('I')1t).q-.q- CD .q-.q- CD :;)0 T""T""T""OT""T"" "3 T"" T"" "3 "3 0 ------ "0 -- "0 "0 ('I')('I')('I')N.q-.q- Q) .q-.q- Q) Q) 0 .s= .s= .s= 000000 0 00 0 0 <II <II <II ('1')('1')('1')('1')('1')('1')('1') ('I') ('I') >- >- ." ." 0000000 00 :E :E NW 0000000 00 ... ... oes!;( ~~~~~~~ NN .2 .2 -- "0 "i OOOCOOOf'o.. 00 Q) 0.0 ~~~~~~~ ~~ "3 "3 "i "i NNNT""('I')('I').q- ('I') ('I') .s= .s= 0000000 00 0 0 <II <II . ..J <c I-W 1-1- -<c ~O :;) o NNNN ('I') ('I') ('I') ('1')('1')('1')('1') ('I') 000000000000 000000000000 ~~~~~~~~~~~~ coO)O)O)('I')('I')ONf'o..COOf'o.. T""OOOT""T""T""NONT""N ------------ T""NNNT""T""T""T""NN('I') ('I') T""T""T""T""OOOOOOOO u.. u..w 01- I-<C :;)0 o NNNN ('1')('1')('1')('1')('1')('1')('1') ('I') 000000000000 000000000000 ~~~~~~~~~~~~ O)O)O)O)('I')('I')('I')oooo.q- OOOOT""T""T""T""T""T""T""T"" ------------ NNNNT""T""T""NN('I')('I').q- T""T""T""T""00000000 c: E () I.L. 0 C) c:>-Eo f) :¡:: c: tU () tU c: ::!!: .æ c: :a ~ ï:: æ Q. ~ J: ~ .§ CDtUo-o:>O- ..J () - - :¡:: « 0 N Q. () en ()- _ ~ f).- - _ c:-o W ~ W -0 .c. ¿u () () .- c: g .- -0 :E tU -0« 0 () a::: ~ en () tU tU « 0"8 c:~c:enc:-o"'~t: ~ -0 ~ § ~ () O~ >- ~ Wc:_ J-CD ë EtU c: ~ f) 0... .- ... tU . tU c:.JJ E tU e~ e tU-o t:...!. ~Æø~ð.~b.~~ æ~~ a:: ... a:: a:: w 13 w C) j:i:Z en w en « o C) z - z o N CW') o o N . a::~~;:~~8è!;~~t;~~ WIll 1 I I I I I I I I W""NNNN('I')('I')('I')('I')('I')('I')('I')N 0...000000000000 <c:E000000000000 O:;)NNNNNNNNNNNN Z~~~~~~~~~~~~ INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2003-032 ~ Date: T Subject: April 14, 2003 Discuss Setting of Date for May Council Meeting and Special Budget Worksession The second Council meeting in May is the Memorial Day Holiday (May 26). Since this meeting falls on Memorial Day, it is staffs recommendation that the meeting be moved to Tuesday, May 27. We are also planning a preliminary budget worksession to be held in May and need to determine which date works best for Council. The meeting will start at 5:30 p.m. and last two to three hours. The dates suggested for the budget work session are: Tuesday, May 20 Wednesday, May 21 Wednesday, May 28 Please bring your calendars and let us know your thoughts so we can arrive at a consensus. ~ Respectfully Submitted, '- . ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS · ~ecial Presentations · · Proclamation: Presenter: Recipient: Proclamation: Presenter: Recipient: Recognition: Presenter: Reason: Child Abuse Prevention Month Scott Turnage Mary Baudrau, Coordinator for SAVE Program and Alliance for Children 50th Anniversary David Whitson Tommy Brown and Celebration Committee Police Officer Jeff Garner Joe Tolbert Recognize him for his bravery and courage in the line of duty ,. e MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - MARCH 13, 2003 e PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 13th day of March, 2003 at 6:00 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino Frank Metts, Jr. Lyle E. Welch JoAnn Johnson David Whitson Joe D. Tolbert Timothy J. Welch Mayor Mayor Pro T em Councilman Councilwoman Councilman Councilman Councilman Councilman City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant to City Manager Assistant City Secretary City Attorney Director of Development Finance Director Public Works Director Communications Director Budget Manager Human Resources Director Assistant Director of Information Services Fire Chief City Secretary Mayor Trevi!",o called the Pre-Council meeting to order at 6:00 p.m. 1. Discuss items from Reaular March 13. 2003 City Council Meetina Agenda Item No. 11 - Councilman Whitson asked staff if the lot was designated as e R1S or R12 and if horses were on the property. Absent: Scott Turnage Staff Members: Larry J. Cunningham Steve Norwood Karen Bostic Paulette Hartman Alicia Richardson George Staples John Pitstick Larry Koonce Mike Curtis Jenny Mabry Clay Caruthers Patrick Hillis Carrie Poston Andy Jones Absent: Patricia Hutson Call to Order · þ City Council Minutes March 13, 2003 Page 2 e Mr. John Pitstick advised it is R 1 S with no horses on the lot. 2. IR 2003-021 Review Update ofTIF #2 and Library Plan for Home Town Area Mayor Trevino advised the agenda allotted ten minutes for discussion, but the item may require more time. Mayor Trevino suggested that council discuss this item for 40 minutes and hear the remaining items after the regular council meeting. Mr. Cunningham said he realized that all council members were not familiar with TIF#2 and its inception. Mr. Cunningham explained to council the inception of TIF #2, entities involved, public facilities to be built within TIF #2, and the financing of the public facilities and infrastructure within TIF #2. Mr. Cunningham informed council there are sufficient funds to begin the first project (library) and tonight Mr. Steve Brown and Larry Koonce will be presenting the design services and land acquisition. Mr. Cunningham reminded council that in addition to the new library; the city would still maintain a branch library on the south side of 820. Councilwoman Johnson asked if the performing arts center has been changed. e Mr. Cunningham advised council that the performing arts center had not been changed from what was included in the plan. Mr. Vick advised council that Tarrant County College was more interested in the conference and training applications, but were willing to have uses as performing arts. Councilwoman Johnson asked for an update on the performing arts/training center from Tarrant County College. Library Director Steve Brown presented council with a power point presentation that included figures, operating costs, project time line, and an update on the south branch library. Mayor Trevino advised council that item 4 on the pre council agenda would be postponed to the March 24 meeting and the remaining items on pre council would be heard after the regular council meeting. e Finance Director Larry Koonce advised council of the costs for the public facilities. (1) library - $2.2 million, (2) recreation center - budgeted $21.9 million, and (3) conference center - estimated $8.2 million. The participants in TIF #2 include Tarrant County, Tarrant County College, City of North Richland Hills and Tarrant County Hospital District. Birdville Independent School District was not included in the TIF because of the change in the "Robin Hood" laws. The combined tax rate of the four entities is about $1.20. The TIF #2 finance plan is separate and apart from the 2003 bond election. Each plan stands on its own and is not dependent on one another. Property e e City Council Minutes March 13, 2003 Page 3 e values and debt service do not overlap one another. TIF #2 is a 28-year plan, so the projects can be constructed in the first ten years of the plan and the debt service payments would be based over 20 years and beyond. Over the 28-year period there will be a growth around $450 million. This will include not only the Hometown development, but also Home Depot, UICI, Fountain Ridge, The Crossing Center arid Blue Line Ice. Staff estimates about $81 million dollars in property tax revenues over the life of the TIF. The property values must support the annual tax revenue stream, which will fund the public facility projects, before any debt will be issued. Mr. Koonce presented council with a schematic that illustrated the comparison of the original plan to actual development. Mr. Koonce advised council that the annual tax revenues of $673,875 would support debt service of over $8 million. The beginning of the project discussed tonight for $1.45 million will cover the remaining land that needs to be purchased as well as the design services. If the tax roll in July has at least $15 million additional growth the City will be able to fund the entire library project. Staff believes the City is in a good position to move forward with the land acquisition and design services. Mayor Trevino advised council that this item is a prelude to the next item on pre council. Mayor Trevino wants to be sure that council understands that the previous council made a promise to the south side of town to keep a library branch. Council concurred that they are in favor of keeping a library branch on the south side of town. Councilman Tolbert asked if the building where the library is currently located were to be sold would the money go back to the general fund. Mr. Koonce advised the money would go back to the general fund. Councilwoman Johnson voiced her concerns with selling bonds with the economy and state of the nation. Councilwoman Johnson asked if the Council should postpone the selling of the bonds for six months. Councilwoman Johnson wanted to know how it would affect the City's rating. Mr. Cunningham advised council that staff could postpone sale of the bonds and the postponement would not affect the City's rating. Council's consensus was to move forward with the library project (land acquisition and design services). Mayor Trevino recessed the pre council meeting at 6:52 p.m. 3. IR 2003-022 Review 2003 Proposed Bond Proqram City Council Minutes March 13, 2003 Page 4 e Item heard and discussed after the regular council meeting. 4. IR 2003-020 Leqislative Update Item postponed to the next pre council meeting. 5. Executive Session Adjournment REGULAR COUNCIL MEETING 1. CALL TO ORDER e Mayor Trevino called the meeting to order March 13, 2003 at 7:03 p.m. ROLL CALL Present: Oscar Trevino Frank Metts, Jr. Lyle E. Welch JoAnn Johnson David Whitson Joe D. Tolbert Timothy J. Welch Mayor Mayor Pro T em Councilman Councilwoman Councilman Councilman Councilman Absent: Scott Turnage Councilman e Staff: Larry J. Cunningham Steve Norwood Greg Vick Karen Bostic Alicia Richardson George Staples City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant City Secretary Attorney City Council Minutes March 13, 2003 Page 5 e Absent: Patricia Hutson City Secretary 2. INVOCATION Holiday Heights students gave the invocation. 3. PLEDGE OF ALLEGIANCE Holiday Heights students led the pledge of allegiance. 4. SPECIAL PRESENTATIONS AMERICAN RED CROSS MONTH - e Mayor Pro Tem Metts recognized and presented Tammy Rice with a proclamation for American Red Cross month. TEXAS SMARTSCAPE MONTH - Councilman Tim Welch presented Debbie York, Environmental Services Coordinator with the Texas Smartscape proclamation. 5. REMOVAL OF ITEM(S} FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE FEBRUARY 24, 2003 COUNCIL MEETINGS B. GN 2003-041 APPOINTMENT OF JUDGES AND ALTERNATE JUDGES FOR THE e MAY 3, 2003 CITY COUNCIL ELECTION e City Council Minutes March 13, 2003 Page 6 e C. GN 2003-035 APPROVAL OF IRON HORSE BEVCO LEASE AGREEMENT WITH THE CITY OF NORTH RICH LAND HILLS - RESOLUTION NO. 2003-026 D. PS 2002-28 CONSIDERATION OF A REQUEST FROM JOHN DICKERSON REPRESENTING JFD LAND, INC. FOR THE APPROVAL OF THE FINAL PLAT OF FOUNTAIN RIDGE ADDITION (LOCATED IN THE 6000 BLOCK OF DAVIS BOULEVARD - 46.5 ACRES) E. PS 2002-49 CONSIDERATION OF A REQUEST FROM HAROLD HEWITT FOR THE APPROVAL OF THE FINAL PLAT OF LOTS 1R-1 & 1R-2, BLOCK 34 HOLIDAY NORTH ADDITION, SECTION 7 (LOCATED AT 7504 CIRCLE DRIVE- .45 ACRES) F. PS 2003-05 CONSIDERATION OF A REQUEST FROM ERNEST HEDGCOTH CONSULTING ENGINEERS ON BEHALF OF CENTER POINT CHURCH FOR THE APPROVAL OF THE FINAL PLAT OF LOT 1, BLOCK 1 CENTER POINT CHURCH ADDITION (LOCATED IN THE 7800 BLOCK OF MID-CITIES BOULEVARD - 8.49 ACRES) G. PS 2003-06 CONSIDERATION OF A REQUEST FROM GREATER N.R.H. PARTNERS, LTD FOR THE APPROVAL OF AN AMENDED PLAT OF LOTS 19R, 20R, 22R, 23R, & 24R, BLOCK 1 OF THE NORTHRIDGE MEADOWS ADDITION (LOCATED IN THE 7000 BLOCK OF RIDGE CREST DRIVE) H. PS 2003-08 CONSIDERATION OF A REQUEST FROM LARRY AND LINDA KJELDGAARD FOR THE APPROVAL OF THE FINAL PLAT OF LOTS 1 & 2, BLOCK 1 DOUBLE K RANCH ADDITION (LOCATED IN THE 7300 BLOCK OF BURSEY ROAD - 5.2 ACRES) I. PU 2003-013 AUTHORIZE CONTRACT EXTENSION FOR POLICE DEPARTMENT UNIFORMS WITH DIRECT ACTION UNIFORMS - RESOLUTION NO. 2003-028 J. PU 2003-014 AUTHORIZE CONTRACT EXTENSION FOR ANNUAL UNIFORM CLEANING CONTRACT TO DRY CLEAN SUPER CENTERS - RESOLUTION NO. 2003-029 K. PU 2003-015 AWARD OF BID TO CROSS TELECOM/AVAYA FOR NETWORK REPLACEMENT EQUIPMENT - RESOLUTION NO. 2003-032 L. PW 2003-002 AWARD OF BID TO LONG CONSTRUCTION & ENGINEERING, INC. FOR THE MEANDERING DRIVE 24-INCH WATER TRANSMISSION MAIN e PROJECT City Council Minutes March 13, 2003 Page 7 e M. PW 2003-003 AWARD OF BID TO AUI CONTRACTORS, L.P FOR THE N.E. LOOP 820 UTILITY RELOCATIONS AT RUFE SNOW DRIVE Mayor Trevino asked Mike Curtis to bring council up to date on item 61 and 6m, per Councilman Lyle E. Welch's suggestion that staff should go into detail on major expenditures listed on the consent agenda. Public Works Director Mike Curtis advised council that 61 is the award of bid to Long Construction and Engineering Inc. for the Meandering Drive 24-inch transmission line project. This project is the replacement of an existing 24-inch transmission line that is currently located in Meandering Drive. The City has had a number of problems with the condition of the line and staff has made several emergency repairs. The public works construction division has recently completed the construction of a new 8-inch line so the construction of the 24-inch line should not impact the residential customers. Consent agenda item 6m is the award of bid to AUI Contractors for the Northeast Loop 820 utility adjustments. These utility adjustments are located around the Rufe Snow Drive bridge. This project is for the reconstruction and widening of Rufe Snow Drive bridge. e COUNCILMAN TIM WELCH MOVED, SECONDED BY MAYOR PRO TEM METTS TO APPROVE THE CONSENT AGENDA. Motion to approve carried 6-0. 7. PS 2000-10 CONSIDERATION OF A REQUEST FROM ARCADIA REALTY CORP. FOR THE APPROVAL OF THE FINAL PLAT OF NORTH RICHLAND HILLS TOWN CENTER LAKES ADDITION (LOCATED SOUTH OF MID-CITIES BOULEVARD BETWEEN DAVIS BOULEVARD AND GRAPEVINE HIGHWAY - 25.4 ACRES) APPROVED Mr. Jeff Miles, 1680 Dallas Parkway, representing applicant summarized item for council. Director of Development John Pitstick advised council this request is approximately a 26-acre linear park system that runs in our Hometown area. A bridge was recently constructed over this area and there is a series of three lakes with a park that is nearing completion. Mr. Pitstick informed council that Hometown Lakes would become a city park upon filing of plat. The Planning and Zoning Commission recommended unanimous approval. e e e City Council Minutes March 13,2003 Page 8 e Councilwoman Johnson asked staff if applicant was aware of the rules and regulations of having a park. Staff advised council that the park would be a city park. COUNCILMAN WHITSON MOVED TO APPROVE PS 2000-10. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 6-0. 8. PS 2002-041 CONSIDERATION OF A REQUEST FROM NORTHEAST TARRANT BAPTIST CHURCH FOR THE APPROVAL OF THE FINAL PLAT OF NORTHEAST TARRANT BAPTIST CHURCH ADDITION (LOCATED IN THE 7000 BLOCK OF SMITHFIELD ROAD - 6.2454 ACRES) CONTINUED Mayor Trevino informed the council and public that the City had received a letter from the applicant requesting an extension. Mr. Pitstick advised council the site has a detention pond and City ordinance requires a final landscape plan to be presented prior to the final plat. The applicant is working on the final landscape plan and requests an extension of 30 days not to exceed April 14, 2003. COUNCILWOMAN JOHNSON MOVED TO CONTINUE ITEM TO THE APRIL 14, 2003 MEETING. COUNCILMAN LYLE E. WELCH SECONDED THE MOTION. Motion to continue carried 6-0. 9. PS 2002-46 CONSIDERATION OF A REQUEST FROM CLASSIC CONCEPTS DEVELOPMENT FOR THE APPROVAL OF THE FINAL PLAT OF LOT 6, BLOCK F RICHLAND OAKS ADDITION 4TH FILING (LOCATED IN THE 8200 BLOCK OF GRAPEVINE HIGHWAY -.64 ACRES) APPROVED Mr. Alan Kerr, 462 Mid Cities Boulevard, summarized item for council. Mayor Trevino notified council that items 9 and 10 deal with the same property. Councilman Whitson asked applicant about the plans for the existing structure. City Council Minutes March 13, 2003 Page 9 e Mr. Kerr advised council that the building would be maintained as it is, with the exception of exterior paint. There are no plans for modifications or changes to building. Mr. Pitstick advised council applicant is replatting the property and with the replat the City would gain the necessary right-of-way for Grapevine Highway. The site plan is required due to improvements being more than 30 percent and within 200 feet of residential property. The Planning and Zoning Commission recommend approval of final plat and site plan. Councilman Whitson clarified that access to this property will only be from the north. Mr. Pitstick advised council that Eldorado is closed and will remain closed. The property will be accessed from the front. COUNCILMAN LYLE E. WELCH MOVED TO APPROVE, SECONDED BY COUNCILMAN WHITSON. Motion to approve carried 6-0. e 10. PZ 2002-39 CONSIDERATION OF A SITE PLAN APPROVAL REQUEST FROM CLASSIC CONCEPTS DEVELOPMENT FOR A DENTIST OFFICE (LOCATED IN THE 8200 BLOCK OF GRAPEVINE HIGHWAY - .64 ACRES) APPROVED Mayor Trevino advised item was discussed with previous item and entertained a motion. COUNCILMAN TIM WELCH MOVED TO APPROVE PZ 2002-39. COUNCILMAN LYLE E. WELCH SECONDED THE MOTION. Motion to approve carried 6-0. 11. PS 2002-52 CONSIDERATION OF A REQUEST FROM JOE OGGIER FOR THE APPROVAL OF THE FINAL PLAT OF LOT 1, BLOCK 1 OF OGGIER ESTATES (LOCATED IN THE 8600 BLOCK OF MARTIN DRIVE - 2.67 ACRES) APPROVED Mr. Joe Oggier, 5733 Jane Anne, summarized item for council and was available to answer questions. e Councilman Whitson asked applicant if he intended to keep livestock on property. City Council Minutes March 13, 2003 Page 10 e Mr. Oggier indicated that he did not plan to keep livestock on property. Mr. Pitstick advised council that item would have been on the consent agenda, but the Planning and 20ning Commission recently heard the request. The plat meets City requirements and the Planning and Zoning Commission recommended unanimous approval. COUNCILMAN TOLBERT MOVED TO APPROVE REQUEST. COUNCILMAN LYLE E. WELCH SECONDED THE MOTION. Motion to approve carried 6-0. 12. PZ 2002-40 PUBLIC HEARING TO CONSIDER A REQUEST FROM EMBREE CONSTRUCTION GROUP, INC. FOR A SPECIAL USE PERMIT (SUP) FOR AN OIL CHANGE FACILITY (VALVOLlNE) (LOCATED AT 8401 DAVIS BOULEVARD - .63 ACRE) - ORDINANCE NO. 2690 DENIED e Mayor Trevino opened the public hearing. Mr. Jim Makens, representing applicant, was available to answer council questions. Mr. Pitstick advised council this property is in the Albertson's Center (northwest corner of Davis) and due to the nature of the automobile uses a special use permit is required. The orientation of the building sets in a way that the bays will not be facing Davis Boulevard. The property to the south is zoned agricultural and a screening wall is not required. The Planning and Zoning Commission recommended unanimous approval for this item. Councilman Lyle E. Welch asked the City Attorney if the City could be sued if the special use permit was approved tonight, because the City Council denied a previous request for a lube/oil facility. City Attorney George Staples advised council that the City could not be sued. Councilman Whitson asked if this request is in compliance with the sign ordinance. Mr. Pitstick informed council that one sign can face any street or public entrance, but they are allowed two face walls. Councilman Tolbert asked what uses would be allowed if the special use permit is e approved tonight. City Council Minutes March 13, 2003 Page 11 e Mr. Pitstick advised council the only use is specific to the permit and site plan for an oil change facility. Any changes to the plan would come back to council. Councilman Tolbert asked Mr. Staples if council would need to limit it to oil change facility. Mr. Staples advised council that the ordinance specifically reads SUP for oil change facility. Mayor Trevino called for public comments and asked for anyone wishing to speak in favor of item to come forward. Danny Smith, 8050 Airport Road, spoke in favor of request. Jim Makens, representing applicant, spoke in favor of request. Councilwoman Johnson asked Mr. Smith if a fence had been discussed along the south side of the property. Mr. Smith advised council that a fence had not been discussed, but there is an existing barbwire fence and 35 existing trees on the fence line. e Councilwoman Johnson asked if the applicant would be willing to have a hard i-plank fence. Mr. Smith said that he would not be opposed to the hardi-plank, but part of the area is not his property. Mayor Trevino asked for anyone wishing to speak in opposition to come forward. Mayor Trevino advised council that he received a letter from L.C. Tubb, but since he was here that he would have him speak on his and his aunt's behalf. L.C. Tubb, 8331 Davis Boulevard, spoke in opposition. Mr. Tubb also spoke in opposition for his Aunt Clara Shivers who resides at 8351 Davis Boulevard. Councilwoman Johnson asked if this site would include state inspections. Mr. Smith advised council that he would be conducting state inspections, but the permit limits them to oil changes, fluid changes, windshield wiper blades and other items that are not done at typical stations. There will not be any mechanic work (automotive engine repairs, valve jobs, engine overhauls or transmissions, etc.) Councilman Tim Welch asked how many customers they would have on an average day. e Mr. Smith said there is about 35 vehicles a day over a ten-hour period. e e City Council Minutes March 13, 2003 Page 12 e Councilman Tim Welch asked if the majority of their income is from oil changes or inspections. Mr. Smith deferred question to the franchisee Philip Serpena. Mr. Serpena said the state inspections run about 15% of the total revenue. Mr. Serpena stated that this facility would be handling light fluid maintenance (coolant flushes, transmission flushes, wiper blades, etc.). Mayor Trevino clarified with Mr. Smith that the site would have 30-35 customers a day. Mr. Smith said that 30 to 35 customers would be a good day. Mayor Trevino asked what the charge is for an oil change. Mr. Smith said the charge was $27.99. Mayor Trevino asked if the facility could operate on $900.00 a day. Mr. Smith mentioned break even is $1,000.00 a day. Mayor Trevino asked why they would want the store if they would be losing money. Councilman Tolbert asked Mr. Staples about this specific use permit and it being limited to oil changes. Mr. Tolbert wanted to know if the ordinance indicates other uses for the oil change. Councilman Tolbert says that other uses are being mentioned and he wants to know how enforceable the ordinance is if it is an oil change facility. Mr. Staples advised that there might not be too many definitions of an oil change facility. Mr. Staples interpretation of an oil change is to mean anything that oil change facilities would do. There is no need to necessarily name every single activity, but if oil change facilities commonly do that kind of work the City can limit it. However, that does not mean that they can not carry on the same activities that oil change facility . customarily perform. Mr. Staples asked Mr. Pitstick if the City has a definition of an oil change facility. Mr. Pitstick confirmed that the City has a definition when it deals with heavy uses (transmission work). If council approves request tonight they would be approving an oil change and other similar uses which are specifically tied to the site plan. Councilman Tolbert clarified that the business would be able to do light maintenance or oil change, but if they began to do more intense automotive repair it would fall into another category. e e City Council Minutes March 13, 2003 Page 13 e Mayor Trevino asked if there was anyone else opposed. There being no one else wishing to speak Mayor Trevino closed the public hearing. COUNCILMAN LYLE E. WELCH MOVED TO DENY PZ 2002-40. MAYOR PRO TEM METTS SECONDED THE MOTION. Motion to deny carried 6-0. 13. PZ 2002-41 PUBLIC HEARING TO CONSIDER A REQUEST FROM THE MAKENS COMPANY FOR THE APPROVAL OF A SPECIAL USE PERMIT (SUP) FOR A RETAIL TIRE FACILITY (DISCOUNT TIRE) IN THE 8700 BLOCK OF DAVIS BOULEVARD (1.55 ACRES) - ORDINANCE NO. 2691 APPROVED Mayor Trevino opened the public hearing. Councilman Tim Welch abstained from discussion and voting. Mr. Jim Makens was available to answer council questions. Mr. Makens acknowledged that he has opposition to his request. Mr. Makens informed council that Discount Tire is not erecting a monument sign on Precinct Line Road, but is allowing for an entry way sign on the north side of the building. Mr. Makens said that Discount Tire is willing to change the retaining wall at the back of the building to a solid rock retaining wall. Mr. Makens addressed concerns of erosion on the northeast corner of the property, which is being handled by underground drainage. Mr. Pitstick advised council that this location is the gateway to the City of North Richland Hills. There is a 20 X 30 foot easement that has been proposed for a sign easement for a city entryway sign. The Planning and Zoning Commission recommended unanimous approval with two stipulations: (1) the retaining wall (decorative) elevation shown at the Commission meeting is made a part of the applicant's site plan. (2) The Site Plan will indicate irrigation of the area comprising the slope along the eastern boundary of the site. Mr. Pitstick advised council that the stipulations were incorporated into the revised site plan. Councilman Tolbert asked if there would be any outside storage. City Council Minutes March 13. 2003 Page 14 e Mr. Pitstick said the only thing Discount Tire would be able to store is a customer's vehicle if there is a need to keep it over night. Mayor Trevino asked for commen~s for those in favor of the request. Mr. Ken Hefner (Discount Tire Manager), 8357 Emerald Circle, said that he is available to answer any questions related to storage. Councilman Tolbert asked if Discount Tire has over night storage vehicles and if they would ever store items outside. e Mr. Hefner said they generally complete vehicles the same day, even if cars are taken in before or after hours they are completed the same day. If cars happen to be dropped off they are not left outside, but locked up within the compounds of the building. Mr. Hefner said that all displays and sales are done within the confines of the building. Councilman Whitson asked if the. lighting could be addressed. Council was advised that all lights are mounted on the wall. Councilman Whitson asked if the lights are on 24 hours a day and if the illumination covers only the parking lot. Mr. Hefner said the present location has interior lights that are activated by sensor. The illumination only covers the parking lot and entryways. Council discussed the North Richland Hills entryway sign. Mayor Trevino asked for comments for those in opposition to the request. Dr. Roger Guthrie, 1200 W. Murphy in Colleyville, spoke in opposition. There being no else wishing to speak Mayor Trevino closed the public hearing. MAYOR PRO TEM METTS MOVED TO APPROVE PZ 2002-41 WITH PLANNING AND ZONING'S STIPULATIONS. COUNCILMAN LYLE E. WELCH SECONDED THE MOTION. Councilman Tolbert mentioned that Ordinance No. 2691 had a couple of errors. Section 1 is listed twice and there is nothing attached for the description. Councilman Tolbert wanted to know if council needed to modify the motion to include changes to the ordinance. e Mr. Staples informed council they could approve the ordinance because the surplus within the ordinance would be omitted. Motion to approve carried 5-0 with Councilman Tim Welch abstaining. e e City Council Minutes March 13, 2003 Page 15 e 14. GN 2p03-034 RESOLUTION URGING FEDERAL AND STATE LEGISLATIVE BODIES TO REAUTHORIZE TRANSPORTATION FUNDING AT CURRENT LEVELS FOR THE NETS PROGRAM - RESOLUTION NO. 2003-027 APPROVED Assistant to the City Manager Paulette Hartman summarized item for council. The resolution urges the federal and state legislative bodies to authorize funds at the current level. Staff is recommending approval of the resolution. A copy of the approved resolution will be forwarded to elected officials at the state and federal level. COUNCILWOMAN JOHNSON MOVED TO APPROVE GN2003.o34, RESOLUTION No. 2003.027. COUNCILMAN TIM WELCH SECONDED THE MOTION. Councilwoman Johnson asked staff if they are prepared in the event this funding not be approved. Ms. Hartman reminded council of the City's involvement with the NETS Urban Transit District. Ms. Hartman advised council that the board has hired a consultant and they are evaluating options should the funding be reduced for operations. Staff has also 'contacted North Central Texas Council of Government and Texas Department of Transportation representatives. Motion to approve carried 6-0. 15. GN 2003-036 RESOLUTION SUPPORTING EFFORTS TO PRESERVE EAGLE MOUNTAIN LAKE STATE PARK.. RESOLUTION NO. 2003-030 APPROVED Councilman Tim Welch abstained from discussion and voting. Ms. Hartman advisea council that Tarrant County Commissioners Court requested the support of Tarrant County cities for a resolution preserving Eagle Mountain Lake State Park as a public use recreational area. The property was purchased 23 years ago with the intent of making it a state park, but the Texas Parks and Wildlife Department is considering selling the park to land developers due to financial constraints. COUNCILMAN WHITSON MOVED TO APPROVE GN 2003-036, RESOLUTION No. 2003-030. MAYOR PRO TEM METTS SECONDED THE MOTION. Motion to approve carried 5-0 with Councilman Tim Welch abstaining. e e City Council Minutes March 13, 2003 Page 16 e 16. GN 2003-037 APPROVE "NO PARKING ANYTIME" ZONE ON HOLIDAY LANE AND N.E. LOOP 820 - ORDINANCE NO. 2692 APPROVED Public Works Director Mike Curtis advised council that staff sees a potential safety problem developing at N. E. Loop 820 and Holiday Lane. A residential home is currently being constructed and the width of Holiday Lane at this location is just wide enough for three lanes. Staff is recommending that no parking signs be erected along the west side of Holiday Lane from the intersection of N.E. Loop 820 (70 feet south measured from the curb line of the N. E. Loop 820 service road). Mayor Pro Tem Metts asked if there were any signs on the north side of N. E. Loop 820. Mr. Curtis advised there are no signs. Mayor Pro T em Metts said that staff might consider installing no parking signs north of N.E. Loop 820 on Holiday Lane by the school. COUNCILMAN WHITSON MOVED TO APPROVE GN 2003-037, ORDINANCE No. 2692. COUNCILMAN LYLE E. WELCH SECONDED THE MOTION. Motion to approve carried 6-0. 17. GN 2003-038 APPOINTMENT TO PLACE 2 ON THE KEEP NRH BEAUTIFUL COMMISSION APPROVED Assistant City Secretary Alicia Richardson advised council of the vacancy in Place 2 on the Keep North Richland Hills Beautiful Commission. Councilman Turnage is recommending that Mr. Scott Wood be appointed to place two, term expiring June 30, 2004. COUNCILMAN TIM WELCH MOVED TO APPROVE GN 2003-038. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 6-0. City Councif Minutes March 13, 2003 Page 17 e 18. GN 2003-039 APPROVE RECOMMENDATIONS FOR NAMING OF THE FOUR NEIGHBORHOOD PARKS - RESOLUTION NO. 2003-033 APPROVED Councilman Tolbert who serves as the chair on the public facility naming committee summarized item. The Public Facility Naming Committee met March 3, 2003 to review possible names for the remaining neighborhood parks. The Naming Committee's action was forwarded to the Park and Recreation Board who concurred unanimously with the recommendations. The Naming Committee's recommendations are that Amundson park site be named Dick Faram Park; Holiday Industrial park site be named Liberty Park; Forest Glenn East park site be named Tommy and Sue Brown Park; and that Mullendore Elementary site be named Kay Granger Park at Mullendore Elementary School. Councilman Lyle E. Welch asked Councilman Tolbert who serves on the Public Facility Naming Board Committee. Councilman Tolbert said that in addition to himself, Mayor Trevino and Mayor Pro Tern Metts serve on the committee and Mr. Greg Vick serves as staff liaison. e MAYOR PRO TEM METTS MOVED TO APPROVE GN 2003-039. COUNCILMAN LYLE E. WELCH SECONDED THE MOTION. Motion to approve carried 6-0. 19. GN 2003-040 ACCEPTANCE OF 4(F} REPORTS FOR COMMUNITY CENTER AND RICHLAND TENNIS CENTER - RESOLUTION NO. 2003-025 APPROVED Councilman Whitson left the meeting at 8:55 p.m. Mr. Vick summarized item stating that the Texas Department of Transportation (TxDOT) is required by Federal Regulations to do "4(F)" reviews when federal money is used on highway projects that take property from publicly owned recreation use land. e Councilman Whitson returned to the meeting at 8:57 p.m. The "4(F)" document is supposed to describe the property, its uses, and the impact the taking will have on its use. The document is also required to describe mitigation efforts as well as options and alternatives to the highway expansion. The reports have been reviewed by the City and and TxDOT. After the City takes action on these documents, TxDOT will have public hearings and begin right-of-way acquisition process. Mr. Vick e e City Council Minutes March 13, 2003 Page 18 e outlined action for the Community Center and Richland Tennis Center. Staff is recommending that council approve Resolution No. 2003-025 accepting the "4(F)" reports. COUNCILMAN TOLBERT MOVED TO APPROVE GN 2003..()4(). COUNCILMAN LYLE E. WELCH SECONDED THE MOTION. Motion to approve carried 6-0. 20. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE- COUNCIL AGENDA None. 21. A. CITIZENS PRESENTATION None. B. INFORMATION AND REPORTS Councilwoman Johnson made the following announcements. Improve your gardening smarts with the award winning Texas SmartScape program. Join us March 24th at 7:00 p.m. in the North Richland Hills Public Library located at 6720 NE Loop 820 for a brief presentation of this exciting landscaping program and receive a free CD. For further information, call 817-427-6650. Join us for our annual A Lotta Night Music concerts at Green Valle~ Park, 7701 Smithfield Road. Our first concert on March 28th will celebrate our 50 Anniversary. The Mighty Marvelous 4 will perform great Motown hits. The activities begin at 6:00 p.m. We will have 0 & 0 Rockin' Rods, 50's Dance Group, Kid's Comedian, Children's Activities and much more will make this event special. This event is FREE - so come early for great parking and a wonderful spot on the lawn. For details, please contact Stacy Smith at 817/427.6600. e e City Council Minutes March 13, 2003 Page 19 e March 15 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. March 24 City Council Meeting Council Chambers 7:00 p.m. Mayor Trevino reconvened to the pre council meeting at 9:14 p.m. with the same members present. 3. IR 2003-022 Review 2003 Proposed Bond Proqram Finance Director Larry Koonce advised council that staff is recommending issuance of $6,450,000. Mr. Koonce advised council that the bond capacity is available to do this at this time. Mr. Koonce d¡·scussed the timeline for the sale of the Certificates of Obligation. Councilwoman Johnson is supportive of the multi-level interactive complex at NRH20, but is concerned with the timing. Mayor Trevino stated that a number of extensive surveys have been conducted regarding NRH20 and if the council wants to continue growth at the park a new ride has to be implemented. Mayor Trevino advised council the improvement is not for the coming year, but for an attraction in 2004. Mr. Koonce informed council that the debt service for this project will be about $180,000 a year. NRH20 this past year had a net income of $500,000. Councilman Whitson asked about parking for the park and if money would be included for additional parking. Mr. Vick advised council that the parking lot was included. Councilman Whitson asked where the parking area would be located. Mr. Vick advised council that one of two locations would be used for additional parking (west end of the park or the north end toward the power lines). Councilman Tolbert asked Mr. Koonce to explain why the City is changing the financing on the NRH20 attraction. e e City Council Minutes March 13, 2003 Page 20 e Mr. Koonce explained that the bonds are being sold so the City would have the money to proceed with the contract construction in September. If the City waited until next spring to sell the bonds the City would not have the money available in time for the construction. The City did not want to use all its funds and not have any funds left in the reserve. Staff decided that the timing is better to sell the bonds and have the funds available for the construction. Councilman Tim Welch asked that the media and citizens of North Richland Hills be given information so they understand why the City is selling bonds. Council consensus was to proceed with the intent to sell Certificates of Obligation. 4. IR 2003-020 Leqislative Update Item was moved to the March 24, 2003 Council meeting. 5. Executive Session Mayor Trevino announced at 9:44 p.m. that the council would adjourn to Executive Session for 1) Deliberation regarding real property as authorized by Government Code §551.072 -land acquisition south of Loop 820 Councilman Tolbert left the meeting at 10:03 p.m. 2) Deliberation regarding economic development as authorized by Government Code §551.087 - discuss economic development incentives - south of Loop 820 Adjournment Mayor Trevino announced at 10:12 p.m. that the council would adjourn to the regular council meeting. Mayor Trevino reconvened the council meeting at 10:13 p.m. with all City Council members present except Councilman Tolbert. e e e City Council Minutes March 13,2003 Page 21 22. ADJOURNMENT Mayor Trevino adjourned the meeting at 10: 14 p.m. ATTEST: Oscar Trevino - Mayor Patricia Hutson - City Secretary MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST e LOOP 820 - MARCH 24, 2003 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 24th day of March, 2003 at 5:45 p.m. in the Pre-Council Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Frank Metts, Jr. Lyle E. Welch Scott Turnage JoAnn Johnson David Whitson Timothy J. Welch Joe D. Tolbert Absent: Staff Members: Larry J. Cunningham· Steve Norwood Karen Bostic Paulette Hartman Patricia Hutson George Staples Larry Koonce Mike Curtis Jenny Mabry Clay Caruthers Patrick Hillis Jim Browne Chris Swartz e Call to Order Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman Councilman City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant to City Manager City Secretary City Attorney Finance Director Public Works Director Communications Director Budget Manager Human Resources Director Park & Recreation Director Aquatic Park Manager Mayor Trevino called the Pre-Council meeting to order at 5:47 p.m. Mayor Trevino announced that Councilman Tolbert would be present at the Council meeting. 1. Discuss items from Reaular March 24. 2003 City Council Meeting Agenda Item 6a - Councilman Tim Welch asked that when the notice is published additional information be included in the publication notice so that the residents will have an understanding of the source of funding and the purpose of issuing the certificates of obligation for the land and architectural services for the new library at Hometown NRH and the construction of the multilevel interactive complex attraction at - City Council Minutes March 24, 2003 Page 2 e NRH20. It was also suggested that information could be placed on the city's web page to better inform the citizens. 2. IR 2003-010 Update on NETS Urban Transit District Mr. Cunningham advised that some time ago staff reported to Council regarding the formation of an Urban Transit District (UTD) for Northeast Transportation Services. Mr. Cunningham updated the Council on the funding of the NETS program, the activities of the UTD and the hiring of a consultant who performed a needs assessment and will assist in the solicitation of a service provider for the NETS program. Ms. Hartman presented a PowerPoint presentation of the consultant's findings and recommendations on funding scenarios, cost assumptions, demand management options, capital requirements, procurement options and funding strategies. Staff responded to questions from the Council on cost of rider fare, the authority of the UTD to enforce the contract, and state and federal funding for the program. Council was reminded that the UTD is not a taxing authority, but does have the authority to oversee and enforce the contract for the NETS program. 3. IR 2003-020 Update on Leaislation e Mr. Vick briefly updated the Council on legislation the City is tracking. Specific legislation mentioned and discussed included bills related to the over 65 property tax freeze, telecommunications infrastructure fund, photographic red-light enforcement, HB 200 & 901. 4. IR 2003-027 Discussion on Proposed Chanqes to Sian Ordinance - Non Conformina Sians Mr. Norwood advised staff is seeking directión from Council on resolving the issue on how to remove the non-conforming signs. Mr. Norwood presented two options for council consideration. Option A will encourage voluntary removal of non-conforming signs and Option B would force removal by setting up a Sign Control Board to require the removal of non-conforming signs. Option A will give the City the ability to work with businesses on a voluntary basis, rather than by force. An annual fund would be set up, similar to the Sidewalk fund, that would allow the City to begin to remove unwanted and unsightly signs throughout the City. Staff is recommending Option A. After brief discussion by Council, consensus was to proceed with Option A encouraging voluntary removal of non-conforming signs, and if Option A does not work council will take another look at Option B. 5. Executive Session e Mayor Trevino announced at 6:26 p.m. that the Council would adjourn to Executive Session for: City Council Minutes March 24,2003 Page 3 e 1) Consultation with City Attorney as Authorized by Government Code §551.071 to discuss a) Davis v. NRH and b) Explorer Pipeline v. NRH; and 2) Deliberation regarding real property as authorized by Government Code §551.072 for land acquisition for park site in North Davis area. Adjournment Mayor Trevino announced at 6:54 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING 1. CALL TO ORDER Mayor Trevino called the meeting to order March 24, 2003 at 7:02 p.m. ROLL CALL e Present: e Oscar Trevino Frank Metts, Jr. Lyle E. Welch Scott Turnage JoAnn Johnson David Whitson Joe D. Tolbert Timothy J. Welch Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman Councilman Staff: Larry J. Cunningham Steve Norwood Greg Vick Karen Bostic Patricia Hutson George Staples City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Attorney 2. INVOCATION Students from North Ridge Elementary gave the invocation. e e City Council Minutes March 24, 2003 Page 4 e 3. PLEDGE OF ALLEGIANCE Students from North Ridge Elementary led the pledge of allegiance. 4. SPECIAL PRESENTATIONS PROCLAMA TIONS: THE GREAT AMERICAN CLEANUP - Councilman Turnage presented a proclamation to Ms. Kathy Luppy, Chair of the Keep NRH Beautiful Commission, proclaiming the volunteers of Keep NRH Beautiful as participants in the 2003 Great American Cleanup. NORTHEAST RICH LAND LIONS CLUB - Councilman Tim Welch presented a proclamation recognizing the 40th anniversary of the Club to Mr. Mike Rigby, President, and Ms. Nancy Watkins, Northeast Richland Lions Club. RECOGNITION: RSPIRIT 2002 WINNERS Mr. Patrick Hillis, Human Resources Director, presented a PowerPoint presentation explaining the RSPIRIT program and its first year of implementation. Mayor Pro Tern Metts presented certificates of recognition to the six RSPIRIT Core Value Winners for 2002 - Tonja Tilley - Service; Ken Raney - Productivity; Clay Caruthers -Integrity; Alan Knapp - Responsibility; Rebecca Vinson - Innovation; Sharon Pruett - Teamwork. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED e e City Council Minutes March 24, 2003 Page 5 e A. GN 2003-042 AUTHORIZE THE PUBLICATION OF NOTICE OF INTENT TO ISSUE CERTIFICATES OF OBLIGATION, RESOLUTION NO. 2003-031 B. PU 2003-016 AUTHORIZE CONTRACT EXTENSION FOR AQUATIC CHEMICAL SUPPLIES TO D.C.C., INC. - RESOLUTION NO. 2003-034 C. PU 2003-017 AWARD BID FOR MINI EXCAVATOR TO NICHOLS MACHINERY COMPANY IN THE AMOUNT OF $40,026 D. PU 2003-018 AWARD BID FOR TRACTOR/LOADER TO LUBER BROTHERS IN THE AMOUNT OF $25,054 E. PU 2002-019 AWARD BID FOR PHASE 1 OF THE 2003 HV AC REPLACEMENT PROJECT TO AIRWISE HEAT & AIR IN THE AMOUNT OF $32,995 F. PU 2003-020 AUTHORIZE CONTRACT EXTENSION FOR THE MOWING OF RIGHTS-OF-WAY WITH VMC LANDSCAPE SERVICES - RESOLUTION NO. 2003-035 G. PU 2003-021 AWARD OF BID TO AMERICAN LOCKER SECURITY SYSTEMS, IN THE AMOUNT OF $87,464.00, FOR PURCHASE OF NRH20 LOCKERS COUNCILMAN TIM WELCH MOVED, SECONDED BY COUNCILMAN TURNAGE, TO APPROVE THE CONSENT AGENDA. Motion to approve carried 7-0. 7. GN 2003-043 APPROVE ORDINANCE AMENDING SUBDIVISION ORDINANCE TO CONFORM PROVISION ON REPLATS TO STATE LAW- ORDINANCE NO. 2693 APPROVED Attorney Staples explained the City's Subdivision Ordinance conflicts with State law. State law requires the public hearing for residential replats before the final board of authority. The Subdivision Ordinance states the public hearing will be held before the Planning and Zoning Commission, which is only a recommending body to the Council. Ordinance No. 2683 clarifies that the public hearing for residential replats will be held before the City Council. COUNCILMAN WHITSON MOVED, SECONDED BY COUNCILMAN TOLBERT, TO APPROVE GN 2003-043, APPROVING ORDINANCE No. 2693 AMENDING THE SUBDIVISION ORDINANCE RELATING TO RESIDENTIAL REPLATS TO CONFORM TO STATE LAw. e City Council Minutes March 24, 2003 Page 6 e Motion to approve carried 7-0. 8. GN 2003-044 CONFIRMATION OF APPOINTMENT TO PLACE 4 ON THE CIVIL SERVICE COMMISSION APPROVED The City Secretary advised Mayor Trevino was appointing Mr. Dick Bartek to Place 4 on the Civil Service Commission. The appointment is a mayoral appointment with confirmation by the Council. COUNCILMAN TURNAGE MOVED, SECONDED BY COUNCILWOMAN JOHNSON, TO APPROVE GN 2003-044, CONFIRMING MAYOR'S APPOINTMENT OF MR. DICK BARTEK TO PLACE 4 ON THE CIVIL SERVICE COMMISSION, TERM EXPIRING 6130/2004. Motion to approve carried 7-0. 9. GN 2003-045 CRITERIA AND GUIDELINES FOR SALES TAX REBATE AGREEMENTS (SOUTH GRAPEVINE HIGHWAY AREA) _ RESOLUTION NO. 2003-038 APPROVED Mr. Steve Norwood, Assistant City Manager, briefed the Council on proposed criteria and guidelines for sales tax rebate agreements for the South Grapevine Highway corridor to improve the marketability and viability of the corridor. Some of the criteria included in the proposed Sales Tax Rebate policy are as follows: · Would only apply to the area along South Grapevine Highway; · Would not be available to any of the tenants, new/existing, that are part of the North Hills Mall area; · Would only apply to those businesses that generate $5 million dollars or more in annual taxable sales in the City; · The business may receive a maximum of 20% rebate of sales tax from the 1 % General Fund tax; · The sales tax rebate is not eligible from the Parks & Recreation or Crime Control District sales taxes; and · The maximum 20% rebate will be an annual percentage, not to exceed a total of 5 _ years. e e City Councif Minutes March 24, 2003 Page 7 e Council questioned Staffs reasoning for placing the minimum eligible sales amount at $5 million dollars and discussed reducing the minimum eligible sales amount from $5 million dollars to a lower amount to further improve the viability of the corridor. COUNCILMAN TURNAGE MOVED, SECONDED BY COUNCILMAN l YLE WELCH, TO APPROVE GN 2003-045 WITH THE MINIMUM EUGIBLE SALES AMOUNT TO BE SET AT $2.5 MILUON DOLLARS. Councilman Tim Welch commented he would like for Council to have a report in six months on whether the minimum $2.5 million dollars is sufficient. Mr. Cunningham commented that it could be included with the South Grapevine Study. Motion to approve carried 7-0. 10. GN 2003-046 AMENDING SOLICITORS ORDINANCE PLACING RESTRICTIONS ON TIME OF SOLICITATION - ORDINANCE NO. 2694 APPROVED Mr. Norwood explained the proposed amendment will prohibit solicitation on federally designated holidays, Sundays, or any day when the Department of Homeland Security has declared an "orange" or "red" state of alert. AFTER BRIEF DISCUSSION BY COUNCIL, COUNCILWOMAN JOHNSON MOVED, SECONDED BY COUNCILMAN TOLBERT, TO APPROVE GN 2003-046, ORDINANCE No. 2694. Motion to approved carried 7-0. 11. PW 2003-004 APPROVE 2003 PREVENTIVE STREET MAINTENANCE PROGRAM APPROVED Mr. Curtis advised that the 2003 Preventive Street Maintenance Program consists of asphalt overlay of 16 streets, slurry seal of 22 streets and crack seal of 33 streets. The CIP Committee met on March 14, 2003 and approved the 2003 program. Staff was also requested to review the conditions of Clift and Walter Road and consider them for the program. The conditions of the street warrant an overlay, but the traffic volume is lower than the other streets proposed. Staff believes that there will be sufficient funds and time to include these streets in this year's program if approved by Council. If the City is not able to overlay Clift and Walter Road this year, necessary maintenance will be performed to improve their condition and they will be included in next year's program. The recommendation of Staff and the CIP Committee is to approve the 2003 City Council Minutes March 24, 2003 Page 8 e Preventive Street Maintenance program and include Clift and Walter Road, time permitting. COUNCILMAN TOLBERT MOVED, SECONDED BY COUNCILMAN LYLE E. WELCH, TO APPROVE PW 2003-004. Motion to approve carried 7-0. 12. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE-COUNCIL AGENDA No action needed. 13. A. CITIZENS PRESENTATION None. B. INFORMATION AND REPORTS e Councilman Tolbert made the following announcements: FREE Mulch for residents! Free Christmas tree mulch is available at Cross Timbers Park, 7680 Douglas Lane (in the parking lot). Bring your own shovel, truck or containers. The mulch will be available as long as it lasts or until the end of March 2003. The City is asking for suggestions for items to be placed in a time capsule commemorating the City's 50th Anniversary. If you have a suggestion for an item to be included, please contact Jenny Mabry by April 1st at 817-427-6125. Join us for our annual A Lotta Niaht Music concerts at Green Valley Park. Our first concert on March 28th will celebrate our 50th Anniversary. The Mighty Marvelous 4 will perform great Motown hits. The activities begin at 6:00 p.m. We will have 0 & 0 Rockin' Rods, 50's Dance Group, Kid's Comedian, Children's Activities and much more will make this event special. This event is FREE - so come early for great parking and a wonderful spot on the lawn. The City of NRH is hosting its spring community clean-up on Saturdav. April 5 from 9:00am - 12:00 Noon. Residents who live SOUTH of 820 can bring their items to Richland Business Center, 6331 Grapevine Hwy. Proof of residency must be presented. Only one load per customer. No hazardous waste products accepted (paints, acids, e solvents, etc). e e City Council Minutes March 24, 2003 Page 9 e The City of NRH is hosting its spring community clean-up on Saturday. April 12 from 9:00am - 12:00 Noon. Residents who live NORTH of 820 can bring their items to Richland Business Center, 6331 Grapevine Hwy. Proof of residency must be presented. Only one load per customer. No hazardous waste products accepted (paints, åcids, solvents, etc). Join us for our annual A Lotta Night Music Concert at Green Valley Park. April 11th will feature a Jazz Combo from 7pm-9pm. This event is FREE - so come early for great parking and a wonderful spot on the lawn. Join us at Green Valley Park for our annual Easter in the Park event on Saturday, April 12. This event is free and is for ages 0-10. Activities include a giant egg hunt at 10am, puppet show, petting zoo, train ride and bounce house. Information March 29 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. 14. ADJOURNMENT Mayor Trevino adjourned the meeting at 7:57 p.m. ATTEST: Oscar Trevino - Mayor Patricia Hutson - City Secretary ,," ....~." "....._ _"._.·.,;,.,_..M.,;.....~^" ,.;. ....,..;. '..__.. ''':,;..~... ,,_....'"'......~ CITY OF NORTH RICHLAND HILLS . Department: Planninq & Inspections Department Council Meeting Date: 4/14/03 Subject: Consideration of a Request from Northeast Tarrant Agenda Number: PS 2002-41 Baptist Church for the Approval of the Final Plat of Lot 1, Block 1 Northeast Tarrant Baptist Church Addition (Located in the 7000 block of Smithfield Road - 6.2454 acres). Continued from the 3/13/03 meeting. Case Summary: At the present time this site is not platted. The purpose of this plat is to bring the site into compliance with subdivision regulations. The site contains a large, single family residence that is now being utilized as a church facility. A site plan for this site (ref. PZ 2002-10) was approved in May of last year. A preliminary plat (ref. PS 2002-16) was approved by the Planning and Zoning Commission in May of last year. This plat was continued from the 3/13/03 Council meeting so that the applicant could provide a landscape plan for the drainage detention area. The applicant has provided a landscape plan that meets the city's criteria for landscaping the pond area. Current Zoning: The site is currently zoned R-1-S Special Single Family Residential. Comprehensive Plan: The Comprehensive Plan indicates low density residential uses for the area. The proposed use is consistent with the Plan in the sense that churches are accepted as a part of the fabric of a community and are considered appropriate uses in most areas. Staff Review: 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 from the Public Works Department stating that all plat issues have been resolved. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on, February 20,2003, recommended approval of PS 2002-41 by a vote of 7-0. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other = ~ ~~ Account Number Sufficient Funds AvaIlable Department Head Signature Finance Director CITY OF NORTH R/CHLAND HILLS RECOMMENDATION: To approve PS2002- 41, the Final Plat of Lot 1, Block 1, Northeast Tarrant Baptist Addition. Review Schedule: Application: 10/14/02 Final Hearing: 4/14/03 Total Review Time: 26 weeks * The Final Plat was delayed so that the applicant could prepare and sign a detention pond maintenance agreement and a landscape plan for the detention area. CITY COUNCIL ACTION ITEM N A NRH PS 2002-41 NORTHEAST TARRANT COUNTY BAPTIST CHURCH · · · City Council Minutes March 13, 2003 Page 8 park upon filing of plat. The Planning and Zoning Commission recommended unanimous approval. Councilwoman Johnson asked staff if applicant was aware of the rules and regulations of having a park. Staff advised council that the park would be a city park. COUNCILMAN WHITSON MOVED TO APPROVE PS 2000..10. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 6-0. 8. PS 2002-041 CONSIDERATION OF A REQUEST FROM NORTHEAST TARRANT BAPTIST CHURCH FOR THE APPROVAL OF THE FINAL PLAT OF NORTHEAST TARRANT BAPTIST CHURCH ADDITION (LOCATED IN THE 7000 BLOCK OF SMITHFIELD ROAD - 6.2454 ACRES) CONTINUED Mayor Trevino informed the council and public that the City had received a letter from the applicant. Mr. Pitstick advised council the site has a detention pond and City ordinance requires a final'andscape plan to be presented prior to the final plat. The applicant is working on the final landscape plan and requests an extension of 30 days not to exceed April 14, 2003. COUNCILWOMAN JOHNSON MOVED TO CONTINUE ITEM TO THE APRIL 14, 2003 MEETING. COUNCILMAN LYLE E. WELCH SECONDED THE MOTION. Motion to continue carried 6-0. 9. PS 2002-46 CONSIDERATION OF A REQUEST FROM CLASSIC CONCEPTS DEVELOPMENT FOR THE APPROVAL OF THE FINAL PLAT OF LOT 6, BLOCK F RICH LAND OAKS ADDITION 4TH FlUNG (LOCATED IN THE 8200 BLOCK OF GRAPEVINE HIGHWAY -.64 ACRES) APPROVED Mr. Alan Kerr, 462 Mid Cities Boulevard, summarized item for council. . . . PS 2002-41 CONSIDERATION OF A REQUEST FROM NORTHEAST TARRANT BAPTIST CHURCH FOR THE APPROVAL OF THE FINAL PLAT OF NORTHEAST TARRANT BAPTIST CHURCH ADDITION LOCATED IN THE 7000 BLOCK OF SMITHFIELD ROAD (6.2454 ACRES). APPROVED Zoning Administrator Dave Green summarized the case. This is the site of the Northeast Tarrant Baptist Church on Smithfield Road. For many years this was a large single family residence. The church purchased it approximately a year ago and is submitting a plat since the property has never been platted. During the past year, staff has reviewed the site plan for the church facility, and has also reviewed and approved the preliminary plat of the church. Public Works Department comments state that the applicant has addressed all items of concern. Staff recommends approval. The Chairman called for comments or questions. There were none and the Chairman called for a motion. John Lewis, seconded by Ted Nehring, motioned to approve PS 2002-41. the motion carried unanimously (7 -O). . . · · · · 700 1 Stllilbfielc1 Road NonII RicllJand Hills, TX76J~O 817.421.5955 Fu 1.'.48'-9:55" joIInnyfgcds-liviut!.c:on, NorthEast Tarrant Church March 7, 2003 City of North Rich1and Hills 7301 N.E. Loop 820 P.O. Box 820609 North RichIand Hills, TX 76182-0609 Dear Mr. Mayor and City Council of North Richland HiHs, We are scheduled to appear before you on March 13,2003 fOT a final plat review concerning our property located at 7001 Smithfield Road. We would request an extension of 30 days, not to exceed the April 14, 2003 meeting. This extension will give us the needed time to finalize our landscape plan for our detention pond. We thank you for your consideration of our request. Since~elY, ) . )d~~~:;j¿u~ Jolmny Bernstein, Pastor NorthEast Tammt Church ..... ........ ......-.... At NET cIlurch you wU/ jùul II real c1uuclJ for real people. 2'á SSSS SBy LtB UJ:.~SU"'.8 hUU~O(" ~2t:SO EO La ...ew NRH CITY OF NORTH RJCHLAND HILLS Public Works / Administration . February 12, 2003 MEMO TO: Donna Jackson, NRH Planner FROM: Andrea Jobe, EIT, Engineer Associate RE: NORTHEAST TARRANT BAPTIST CHURCH ADDITION; LOT 1, BLOCK 1 Public Works has reviewed the Final Plat submitted to this office on February 11 , 2003. All of Public Work's requirements have been met and we recommend its placement on the next Planning & Zoning meeting agenda. If you have any questions, please don't hesitate to contact me at 817-427-6400. . Andrea R. Jobe, E.t.T., ARJ/pwm2003-039 Cc: Lance Barton, PE, Assistant Public Works Director Dave Green. Zoning Coordinator Jason B. Rawlings, RPLS, David C. Moak Surveyors, Inc. . PO. Box 820609 .. North Richland rliil;; cexas 76 ~ 82-0609 7301 Northeast Loop 820 * (817) 427-6400 ' >Cax (817:: 42:'-6404 ,...,,"." --------- " .. CITY OF NORTH RICHLAND HILLS Department: Planninq & Inspections Department Council Meeting Date: 4/14/03 Subject: Consideration of a Request from the City of North Richland Agenda Number: PS 2003-02 Hills Parks Department for the Approval of the Final Plat of Lot 2-R, Block 37 Holiday North Addition, Section 11 (Located in the 5900 block of Holiday Lane - 2.41 acres). Case Summary: This site is one of several areas located throughout the community that are being developed as "pocket parks" by the Parks Department. The site is currently vacant and zoned "R-7-MF" Multi-Family. Comprehensive Plan: The Comprehensive Plan indicates Neighborhood Service uses for the site. Parks (similar to churches and schools) are seen as part of the community fabric and are considered as appropriate uses in most areas. Staff Review: 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 from the Public Works Department stating that all of staff concerns have been addressed. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on March 20, 2003 recommended approval of PS 2003-02 the Final Plat of Lot 2R, Block 37 Holiday North Addition, Section 11 by a vote of 4-0. Recommendation: To approve PS 2003-02 Final Plat of Lot 2R, Block 37 Holiday North Addition Section 11. Review Schedule: Application: 1/13/03 Final Hearing: 4/14/03 Total Review Time: 13 weeks Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ -' ) Other ~ {j ~~~ Account Number Sufficient Funds Available Department Head Signature Finance Director N A NRH PS 2003-02 HOLIDAY NORTH SECTION 11 < . . . PS 2003-02 CONSIDERATION OF A REQUEST FROM THE CITY OF NORTH RICHLAND HILLS PARKS DEPARTMENT FOR THE APPROVAL OF THE FINAL PLAT OF LOT 2-R, BLOCK 37 HOLIDAY NORTH ADDITION, SECTION 11 LOCATED IN THE 5900 BLOCK OF HOLIDAY LANE (2.41 ACRES). APPROVED Dave Green, Zoning Administrator, summarized the case. This is a 2.41 acre tract of land, located in the 5900 block of Holiday Lane, which is close to the Holiday Lane and Industrial Park intersection. This tract of land has been vacant for a number of years. The Parks Department purchased the property under a program that they instituted last year to bring in neighborhood parks to the areas of town that the Parks Department felt were under-served with park facilities. A memo from the Public Works Department states that all comments have been addressed. Staff recommends approval of this plat. Chairman Bowen asked if the current R-7 zoning would allow the development of a park. Mr. Green responded that the park would be permitted in that type of zoning. He explained that parks are like churches and schools. They are considered fabric of the community and the use is permitted anywhere. Chairman Bowen asked if there were any other questions. There were none and the Chairman called for a motion. Brenda Cole, seconded by Bill Schopper, motioned to approve PS 2003-02. The motion carried unanimously (4-0). .. . . . - , NRH CITY OF NORTH RICHLA'\JTI HILLS " Public Works 1 Administration March 5, 2003 MEMO TO: Donna Jackson, NRH Planner FROM: Andrea Jobe, EIT, Engineer Associate RE: HOLIDAY NORTH, SECTION11; LOT 2R, BLOCK 37 PS 2003-02 Public Works has reviewed the Final Plat submitted to this office on February 27,2003. All of Public Work's requirements have been met and we recommend its placement on the next Planning & Zoning meeting agenda. If you have any questions, please don't hesitate to contact me at 817-427-6400. '1LLd V~~ l A Andrea R. Jobe, E.I.T., Engineer /, 1-,/ ARJ/pwm2003-059 Cc: Lance Barton, PE, Assistant Public Works Director Dave Green, Zoning Coordinator - ,- '::;:;', ~=:::.:,,:-~. \;':'-'" :; :C.:ld:""": -ì:¡:: _,~ ~- -.-......- -~," \'C~~"'2S: _ cce 3:::': ~.-, ··V:--·'::'4r:- :.- ¡.- ~-- ,"::..:,....:. - -. -..- - -, ~ _.----- CITY OF NORTH RICHLAND HILLS . Department: PlanninQ & Inspections Department Council Meeting Date: 4/14/03 Subject: Consideration of a ReQuest from William Chrasteckv for the Agenda Number: PS 2003-13 Approval of the Final Plat of Lots 1 & 2, Block 1 Rumfield Estates Addition (Located in the 8900 block of Rumfield Road - 2.53 acres). Case Summary: The site is currently unplatted and consists of two residential structures and a metal barn-like structure on the eastern half of the site. The applicant wants to plat the site into two lots and sell the proposed Lot 1 (vacant - west side of site) to an individual for the purpose of constructing a single-family residence. The current "AG" Agricultural zoning of this proposed lot will have to be rezoned in order to build the residence. The purchaser understands that the lot will need to be rezoned. Comprehensive Plan: The Comprehensive Plan indicates low density uses for the area. The existing and proposed uses are consistent with the Plan. . Staff Review: 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 from the Public Works Department stating that all of staff concerns have been addressed. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on February 20, 2003 recommended approval of PS 2003-13 the Final Plat of Lots by a vote of 4-0. Recommendation: To approve PS 2003-13 the Final Plat of Lots 1 & 2, Block 1 Rumfield Estates Addition Addition. Review Schedule: Application: 2/27/03 Final Hearing: 4/14/03 Total Review Time: 6 weeks, 4 days Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other - 7i1J ~ )d2~ Department Head Signature Account Number Sufficient Funds AvaIlable Finance Director ~ ~ ¡' ~ ~ .....- - - - - -= f-- f-- - - - - t( I"" r tt -.Á ',r I .~ f- "- I f- / I N A ,. . --- . _~~_k__ ....~~~~-=:\.':;.~~li~:.~~\,~~~. / 1 T .-. ",'" ),~ '" 'e",.:,,'\',,'!Ii:;". .,;.',.".,... p r ~ "\ 1j1 t· ' ". ..am·· "'. .' ""'''1'''' .."'.:"'..:....".:. ~,," a <;~§.. , ':oS,.' ,'. " . '~~'èì; .. <:1L . 5:~ 'M' ~ ~5::."cjì ~'" "",,"< ,~ ..,.,.,...... ìò"'''''",,'''''''ji. ~;~':~:5i~~: '.:""3~ "..;..~:-...-¡;¡ ...:;t .. ~ o ·V d , '.! ~l.l \/1 ---' ", - . T M ~, .- ~ >-- I--- -j ,~/I II 11 ":~ /~V~~ ~~( LJ;I ~ žf) =þiþ')., '{ ,}~:"~i¡t..~~~ 1 I~;'I 17 NRH PS 2003-13 RUM FIELD ESTATES . - '-.......... ,t»,; bi ~ ~ '.f ~ ôZ¡ -, ì I I I I ,~ '~ )j ~,". ;:\ ~ ~ ~ . . . 11. PS 2003-13 CONSIDERATION OF A REQUEST FROM WILLIAM CHRASTECKY FOR THE APPROVAL OF THE FINAL PLAT OF RUMFIELD ADDITION LOCATED IN THE 8900 BLOCK OF RUMFIELD ROAD (2.53 ACRES). APPROVED Dave Green, Zoning Administrator, summarized the case. This is a final plat of Lots 1 and 2, Block 1 of the Rumfield Addition. The applicant is Mr. William Chrastecky. The Board saw the preliminary plat on this less than 2 months ago. The preliminary plat was approved. This tract of land is on Rumfield Road. It is a single unplatted tract at the moment. Mr. Chrastecky is planning to subdivide it into 2 lots. Lot 1 will be sold to an individual who wants to build a single-family residence on that site. It is currently zoned AG, and will require a zoning change. Public Works Department comments state that all concerns have been addressed. Staff recommends approval of this final plat. Chairman Bowen asked if there were any questions or comments. There were none and the Chairman called for a motion. Bill Schopper, seconded by James Laubacher, motioned to approve PS 2003-13. The motion carried unanimously (4-O). Page 9 3/20/03 P & Z Minutes -- "-"--.' ___'.~a__",",,",- - NRH CITY OF NORTH RJCHLAND HILLS . .. Public Works 1 Administration February 28,2003 MEMO TO: Donna Jackson, Planner FROM: Lance Barton, Public Works Assistant Director RE: Rumfield Addition, Lots1 and 2, Block 1 Final Plat Public Works has reviewed the Final Plat submitted to this office on February 27, 2003. All of Public Works' requirements have been met and we recommend its placement on the next Planning and Zoning meeting agenda. If you have any questions, please don't hesitate to contact me at 827-427-6400. · ~Battf: Public Works Assistant Director LJB/gs/pwm2003-054 cc: Dave Green, Zoning Coordinator . ::.::; 50x 32Q60S - \.or.:h ·~,C~larc: ~', . ~. _ -3C· \jcrtr.east _':)00 52': . 2"~' .l2-:;.!" --·-'-"""'·c-.',· - J.... CITY OF NORTH RICHLAND HILLS Department: Finance / Public Works Council Meeting Date: 4/14/2003 Subject: Authorization to Participate in the Tarrant County Contract Agenda Number: GN 2003-047 for the 2003 Street Wedge Milling Project As part of the approved 2003 Preventive Maintenance Program (PW 2003-004), Council appropriated funds for street wedge milling. Attached is a list of streets that will be included in this project. Council approved participation in the Tarrant County Cooperative Purchasing Program at the February 24,1997 meeting (PU 97-18). They have a contract with Dustrol, Inc. for this type of work. The cost for this project through the County contract will be $30,972.50. This will include $1.25 per square yard for the wedge milling and a one-time mobilization charge of $2,500. Dustrol has done satisfactory work for the City in the past and always completed projects for the bid amount and within the number of completion day's bid. All State competitive bidding requirements will be met by participating in the Tarrant County Cooperative Purchasing Program for this project. Recommendation: To authorize the street wedge milling project with Dustrol, Inc. in the amount of $30,972.50 through the Tarrant County Cooperative Purchasing Program. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 315-6003-603.43-45 Sufficient Fu Ava; a e U,t-fh...-- Budget Director ~ 71/(-;L(. C,^-ti Department Head Siqnature nance Director Paqe 1 of 2 , < . CITY OF NORTH RICHLAND HILLS ESTIMATED STREET DESCRIPTION QUANTITIES A. Wood Creek Court -Riviera Drive! Cul-de-Sac 325 SY B. Riviera Drive - Lariat Trail! Shady Lake Drive 6,235 SY C. Morgan Circle- Glenview Dr. ! Mackey Drive 836 SY D. Dawn Drive- Onyx Drive South! 3712 Dawn Drive 1,396 SY E. Dent Road - Denton Highway! North Hills Drive 1,036 SY F. Kandy Lane - Bursey Road! Continental Trail 2,369 SY G. Hunter Lane - Continental Trail! Kim Lane 769 SY H. Northfield Drive - Rumfield Road! Northfield Park 2,769 SY I. Ford Drive - Terrell Drive! Kirk Lane 1,263 SY J. Hickory Hollow Lane - Douglas Lane! Crosstimbers Lane 2,396 SY K. Oakfield Corner Court - Windhaven Rd.! Cul-de-Sac 658 SY L. Green Acres Drive - Crosstimbers Lane! Meadowview Terrace 1,036 SY M. Lincoln Lane - Wind haven Road! Dead End 1,690 SY TOTAL 22,778 SY CITY COUNCIL ACTION ITEM Paae 2 of 2 CITY OF NORTH RICHLAND HILLS .partment: City Secretary Council Meeting Date: 4/14/03 Subject: Settinq Council MeetinQ Date to Canvass May 3, 2003 City Agenda Number: GN 2003-048 Council Election The City Council will need to hold a special meeting following the May 3 City Council election for the purpose of canvassing the election. Pursuant to the Texas Election Code, the canvass can be held not earlier than the third day or later than the sixth day after Election Day. It is recommended that the City Council meet on Thursday, May 8 at 6:00 p.m. to perform the canvass. Recommendation: To schedule a special Council meeting on May 8,2003 at 6:00 p.m. for the canvass of the May 3, 2003 election. - Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds ÄvallaDle ~ttØ~à,~ Department Head Signature Finance Director P~ae 1 of " . . .- CITY OF NORTH RICHLAND HILLS Department: Finance / Public Works Council Meeting Date: 4/14/2003 Subject: Authorization to Participate in the City of Hurst Contract for the Annual Slurry Seal Application Program Agenda Number: PU 2003-022 At the March 24, 2003 meeting, Council approved the 2003 Preventative Street Maintenance Program (PW 2003-004). Slurry seal application was included as part of this program. Last year the City of Hurst bid an annual contract for this type of application program and the bid was awarded to Viking Construction, Inc. They have extended this contract for an additional year. At the January 8, 2001 meeting, Council authorized participation in an interlocal agreement with the City of Hurst. The City may take advantage of cost savings by participating in this contract with the City of Hurst. The list of streets that were included in the 2003 Preventative Street Maintenance Program for slurry seal application are attached. The City was able to get the same unit cost ($1.47 per square yard) for its streets. The total cost to North Richland Hills for this application through the City of Hurst contract with Viking Construction will be $94,383. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfies any State law that would require the City to solicit competitive bids. Participation in this program will be cost effective to the City as well as save Staff time. Recommendation: To authorize participation in the City of Hurst contract for the annual slurry seal application with Viking Construction in the amount of $94,383. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 315-6003-603.43-45 Sufficient Funds vai a e Budget Director . ~ I1A~,1^~ G--t~· Department Head Slqnature Paqe 1 of 2 "\ CITY OF NORTH RICHLAND HILLS PUBLIC WORKS DEPARTMENT YEAR 2003 PRELIMINARY SLURRY SEAL STREET LISTING . DICK LEWIS DRIVE Rufe Snow Drive/Woodview Drive 2,100 x 35 7,233 7,233 KAREN DRIVE 2 Redondo Street/Rufe Snow Drive 1,100 x 31 3,300 10,533 WEYLAND DRIVE 3 Bedford Euless RoadlAirport Freeway 1,900 x 31 5,700 16,233 WHEELWOOD DRIVE 4 Wondol Court/Hurst City Limits 450 x 31 1,350 17,583 JEFFREY STREET 5 Ashcraft Drive/Culdesac 300 x 31 1,033 18,616 MARTI LANE 6 Eden Road/Culdesac 1,000 x 31 3,000 21,616 SHADY LAKE DRIVE 7 Circleview Drive/Riviera Drive 1,000 x 31 3,000 24,616 BOCA RATON DRIVE 8 Rumtield Road/Hialeah Circle South 1,400 x 31 4,200 28,816 HIAL AH CIRCLE NORTH 9 Boca Raton Drive/Hialeah Circle West 600 x 31 1,800 30,616 TlMBERIDGE DRIVE 10 Starnes RoadlTimberlane Drive 1,700 x 31 5,100 35,716 TIMBERHILL DRIVE 11 Starnes Road/Forrest Lane 1,100x31 3,300 39,016 TOWNE PARK DRIVE 12 Chapel Park Drive/Garden Park Drive 350 x 31 1,050 40,066 BLENDE STREET . 13 Jerrell Street/Onyx Drive South 600 x 31 1,800 41,866 HUNTER LANE 14 Kim Lane/Bursey Road 1,000 x 31 3,000 44,866 LITTLE RANCH ROAD 15 Sandhurst Lane North/Chapman Road 1,100 x 31 3,300 48,166 HOLLAND TREET 16 Onyx Drive North/Diamond Loch East 280 x 31 840 49,006 KENDRA LANE 17 Kim Lane/Continental Trail 650 x 31 1,950 50,956 HOLIDAY LANE 18 Northeast Loop 820/Riviera Drive 1,600 x 31 4,800 55,756 OVERTON PARK 19 Hanover Lane/Windhaven Road 300 x 31 900 56,656 WENDELL DRIVE 20 Wendell Court South/Dead End 1,300 x 31 3,900 60,556 CHESWICK DRIVE 21 Driffield Circle East/Driffield Circle West 400 x 31 1,200 61,756 MEADOWRIDGE COURT 22 Lariat Trail/Culdesac 800 x 31 2,450 64,206 11.70 TOTAL Lane Miles 64,206 64,206 . 2003 proposed slurry seal.xls 4/4/2003 CITY OF NORTH RICHLAND HILLS . Department: Finance / Support Services . Council Meeting Date: 4/12/2003 Subject: Award Bid for 2003- Year Model Self-Propelled Broom to Agenda Number: PU 2003-023 Continental Equipment Company in the Amount of $28,995 In the 2002/2003 CIP budget, Council appropriated funds for the purchase of a self- propelled broom. The broom will be used by the Public Works Department to sweep debris and litter from City roadways, cleaning job sites at the completion of construction projects and clean-up after salt and sand operations due to bad weather. Formal bids were solicited and the results are outlined below. Continental Equipment Company ROMCO Equipment Company C&O Equipment Company $28,995 $29,692 $40,962 This equipment will replace a 1985 unit that meets the age and replacement criteria. Continental Equipment met the specifications and general conditions of the bid and was within the allocated budget of $53,000. The equipment can be delivered within 60 days. Recommendation: To award the bid for the 2003-year model self-propelled broom to Continental Equipment Company in the amount of $28,995. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget O~~}t (¡V Department Head Siqnature . nce Director Paqe 1 of . . CITY OF NORTH RICHLAND HILLS .partment: PublicWorks Council Meeting Date: 4/14/2003 Subject: Approve Aqreement with the Texas Department of Transportation for Utility Relocations at Loop 820 and . Rufe Snow Drive - Resolution No. 2003-040 Agenda Number: PW 2003.005 On March 13, 2003, Council awarded the construction contract for the relocation of North Richland Hills' water and sewer utility adjustments for the Rufe Snow Drive Bridge at Loop 820 to AUI Contractors, L.P. in the amount of $443,848.00. These relocations were necessitated by the future widening of Loop 820 and the reconstruction of the Rufe Snow Drive Bridge. All utility relocations located within the Loop 820 right-of-way are eligible for reimbursement of 100% of the cost. All utility relocations that fall outside of the Loop 820 right-of-way are the responsibility of the utility owner. This results in approximately $348,686.00 to be reimbursed back to the City by the Texas Department of Transportation (TxDOT). The remainder of the construction cost will be the responsibility of the City of North Richland Hills. _ The attached agreement establishes the portion of the project cost that will be reimbursed by the State and authorizes the City to proceed with the utility relocations. Recommendation: To approve Resolution No. 2003-040, Finance Review 02-02-64-026; 02-64-26-6000 - Account Number 405-0000-712.79-00 Sufficient Funds Available Finance Director Source of Funds: Bonds (GO/Rev.) ... Operating Budget ,., Other _ ~ ~C~- Department Head Signature Page 1 of _ -. e RESOLUTION NO. 2003-040 BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: 1. The City Manager be, and is hereby authorized to execute the attached Agreement with the Texas Department of Transportation for Utility Relocations at Loop 820 and Rufe Snow Drive, as an act and deed of the City. PASSED AND APPROVED this the 14th day of April, 2003. Oscar Trevino, Mayor _ ATTEST: e Patricia Hutson, City Secretary APPROVED AS TO LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: J1A;~ (;.1:; Mike Curtis, . ., Public Works Director :. GIS No: linance·0176-020315 AML; clp map.aml PLOT; rul. .now bridge ..p. AND/OR .rt! ::;:;:: w rn ;:;:.::; *:: A ~~ m ~ I ::::; ~':; Scala: 1" = 1200' GlStkcip'__.doc: _IiIe:CIPSTREETS ",,,L PARK BLVD ù",'1 +Q ... ".':. TRINIDAD D BROWNING DR II< C ~ o z '" w '" J II< DICK LEWIS DR t:I '" ... at l- I- ~ II< ... z u ... I- z -' :>- < Q ... o . RIVIERA DR :>- < Q ... o Utility '0.... Adjustments for Rufe Snow Dr. Bridge at I.H~ 820 (ISTEA TxDOT) N w E 5 z ... N$RTH RICHLAND HILLS > R f S>-·'-v....- D < ·u 'e- now- f·.> B.ridge I at: ~ I.H~1820 .1 CD Utility Adjustments ~\ ( 18 Deparlm.nt of Information Sarvic.. . Geographic Information Sy.tame IGIS) ~ CITY OF NORTH RICHLAND HILLS .partment: Public Works Council Meeting Date: 4/14/2003 Subject: Approve Final Pay Estimate #5 to Green Scapinq, L.P. Agenda Number: PAY 2003-002 in the Amount of $28,057.23 for Rumfield Road, Phase 3 Miscellaneous Improvements This project was awarded by Council on June 24,2002, PW 2002-009 for $227,895.80 to Green Scaping, L.P. Final payment will make the contractor's total earnings on the project $199,268.10, which is $28,627.70 under the contract amount. The cost savings are primarily due to unused costs associated with unused erosion control funds and unused contingency funds. The contractor completed the project within the contract completion time after the "approved" weather and utility conflict delays were considered. Sufficient funds are available. Recommendation: To approve final payment in the amount of $28,057.23 to Green Scaping, L.P., for Rumfield Road, Phase 3 Miscellaneous Improvements. . Finance Review Source of Funds: Bonds (GO/Rev.) . Operating Budget Other _ ~ -M(~ G-~1 Department Head Signature Account Number 20-02-07 -6000 Sufficient Funds Available Finance Director Page 1 of _ I I - __ '18 Jun 0221 :33:06 SundlY GIS No: flnlllu-017S0020316 AML: Dip mlp.aml PLOT: rumflllel pb IU I.pl AND/OR .rtl I II i I , I L· .~ ~l- rr- LJ I ~'Q II f L... /Ì t i I ,. Rumfield Rd. Street Improvements Phase III Eden Rd. to Davis Blvd. .. ð~ , 1$ . . ~ ê¡.- RÓ-Ra , ~ EN VALL Y DR 'f-ÐR ~ .. IIQCIIS';I -IÐ.-cr~ ,¡r;fi/ ~ '~H _~'ØI / ~ .K !;1 L Ø-I:N i I ~ I J p&tH.Cllt ~ II II II ~.\RK IN .ÐJ;IS-III I ~~ ~(IRIH:N -;I~l ~-ØI ~ I ËB N ... ... '<:II SA'I'DI5'UI I i ....,¡ c I > ~ \~~~'rtlDS-RÐ~ u;:: r.,~~ i ~ ,l 1 ....: , ...... ~ -'-'-, ~ .--~i ,. ~ L_ ~~-Ë II , I lU-eT ~ ~Å ~ , .!<.. HIGHTOW ~Lri 1 ëii ."'1fF0W¡-BR E R D z, . I I : I 1 ' -1IAR1I-;I ,,'~ II ,Ii'---" -~ " * ~ -~illl I ,) x.L"" -~ ~ I C, '1IIIJUE-~ \ . i / r\ I ~ L-~~J ~ URumfiél~Nð;WÒN ~. ... IIll! (-'Stre'éí é. t-HCllSt-f II L' ~ I-~' \ Ii! J IllllET'IHR I l 'c,. .m·proYem~ents-- II ~ ..Phase'llI.J I i \1 (D ~Eden Rd. to~~ L. <;, ..,,;}'; Q r.,\~t1£1I!?DII a vis B I v d. w' / ~ <\)~ It ~ w E "., i I .. s -, ! N$RTH RICHLAND HILLS .. -, i i ! "'" .., Project Location -) ¡ ~ J ST -1 J 1 , j SOI.I: 1" . 1000' Dlpartm.nt of Information Sarvlo.. . GlOgr.phlo InformltloA SYltlmIIGIS) GIS lie cIpl_-.œc _110: CIP S1REETS 46 CITY OF NORTH RICHLAND HILLS . Department: Planninq & Inspections Department Council Meeting Date: 4/14/03 Subject: Public HearinQ to consider a ReQuest from CambridQe Agenda Number: PS 2003-07 Homes Inc. for the Approval of a Final Plat of Lots 22-R, 23-R & 24-R, Block I, Lots 24-R, 25- R, 26-R, 27-R & 28-R Block II, Lots 27-R, 28-R, 29-R & 30-R, Block LL, Lots 1-R, 2-R, 3-R, 4- R, 5-R, 6-R, 7-R & 8-R, Block NN of the Town Center Addition (Located east of Davis Boulevard and South of Mid-Cities Boulevard - 1.969 acres). Case Summary: The lots involved in this request are grouped into four areas (see attached maps). AI/lots are located within Phase I of the Town Center Addition between Davis Boulevard and the Town Center Lakes. The purpose of this replat is to reduce the number of lots originally proposed for townhouse development (by the North Richland Hills Town Center Regulating Plan) to detached, single-family development instead. AI/lots included in this replat are located in the Center Zone of the Town Center Regulating Plan. This zone permits both townhouses and single family development, therefore, the change from townhouse to single family does not conflict with the adopted plan. The following is a break down of the proposed revisions by block. · Block I: 6 lots reduced to 3 lots · Block II: 8 lots reduced to 5 lots · Block LL: 7 lots reduced to 4 lots · Block NN: 13 lots reduced to 8 lots Total: 34 lots reduced to 20 lots Comprehensive Plan: The Comprehensive Plan indicates Town Center uses for this area. The proposed replat(s) are consistent with the existing development in the Home Town Development. Staff Review: 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 from the Public Works Department stating that all of staff concerns have been addressed. Public Hearing Requirement: This plat represents a residential replat of the original/y approved Town Center Addition. As such, the request requires a public hearing before the City Council. The request has been advertised according to State Law requirements. Finance Review Source of Funds: Bonds (GOlRev.) Operating Budget Other ~~ Department Head Signature Account Number Sufficient Funds AvaIlable F~ce Director · - - ~---"-- CITY OF NORTH RICH LAND HILLS Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on 3-20-03 recommended approval of PS 2003-07 the Final Plat of by a vote of 4-0. Recommendation: To approve PS 2003-07 Final Plat of Lots 22-R, 23-R & 24-R, Block I, Lots 24-R, 2S-R, 26-R, 27 -R & 28-R Block II, Lots 27 -R, 28-R, 29-R & 30-R, Block LL, Lots 1-R, 2-R, 3-R, 4-R, S-R, 6- R, 7 -R & 8-R, Block NN of the Town Center Addition. Review Schedule: Application: 1/13/03 Final Hearing: 4/14/03 Total Review Time: 13 weeks r CITY COUNCIL ACTION ITEM Block II Lot 24-31 Block I Lots 22-27 Block LL Lots 27-33 N A NI~H PS 2003-07 NRH TOWN CENTER ADDITION RE-PLA T - . PS 2003-07 CONSIDERATION OF A REQUEST FROM CAMBRIDGE HOMES INC. FOR THE APPROVAL OF THE FINAL PLAT OF LOTS 22-R, 23-R, BLOCK I, LOTS 24-R, 2S-R, 26-R & 27 -R, BLOCK II, LOTS 27 -R, 28-R, 29-R & 30-R, BLOCK LL, LOTS 1-R, 2-R, 3-R, 4-R, S-R, 6-R, 7 -R & 8-R, BLOCK NN OF THE TOWN CENTER ADDITION LOCATED EAST OF DAVIS BOULEVARD AND SOUTH OF MID-CITIES BOULEVARD (1.969 ACRES). APPROVED . The Zoning Administrator, Dave Green, summarized the case. This a request from Cambridge Homes. It involves four different areas of lots within the Home Town subdivision. Cambridge Homes wants to replat these areas into fewer, but bigger, number of lots. Instead of building townhouses, they want to build single- family detached residential structures. They already have a number of houses in the subdivision. They are taking 34 lots of townhouses and reducing them into 20 lots of single-family detached structures. The effect of this is very negligible. The Town Center plan has different development zones. In the center zone, townhouses, single family residence, apartments, or any number of types of uses are allowed. The applicant is requesting a change from one type of use to another, which would lower the density in the Home Town project. This product is very marketable. Public Works comments state that all platting issues have been addressed. Staff recommends approval of this replat. Chairman Bowen asked if there were any questions or comments. There were none. Chairman Bowen called for a motion. James Laubacher, seconded by Brenda Cole, motioned to approve PS 2003-07. The motion carried unanimously (4-O). . -.-.-.... NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS CITY COUNCIL . CASE #: PS 2003-07 Cambridge Homes Inc. Re-plat of Lots 22, 23, 24, 25, 26 & 27, Block I North Riehland Hills Town Center 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: Pursuant to Section 212.015 of the Texas Local Government Code, a public hearing is being held to consider a request from Cambridge Homes Inc. to replat the existing Lots 22, 23, 24, 25, 26 & 27 of Block I, North Richland Hills Town . Center Addition into lots 22-R, 23-R, & 24-R, Block I. The purpose of the re-plat is to create lots for single family detached dwellings. Public Hearina Schedule: Public Hearing Date: CITY COUNCIL MONDAY, APRIL 14, 2003 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Time: Location: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 . NEWMAN, ADA LETA 521 SEVEN HILLS DR NEWARK TX .71-9762 ARCADIA LAND PARTNERS 16 LTD, 5440 HARVEST HILL RD ST DALLAS TX 75230-6421 ARCADIA LAND PAR RS 16 LTD, 5440H DA 7 CAMBRIDGE HOMES INC, 2828 TRINITY MILLS STE CARROLL TON TX 75240-0000 &SON, JENNIFER M .'BRIDGE ST NORTH RICHLAND HILLS TX 76180-5534 WEEKLEY HOMES LP, 1111 N POST OAK RD HOUSTON TX 77055-7211 ARCADIA LAND PA RS 16 LTD, 5440 ST HILL RD ST D STX 75230-6421 -. ARCADIA LAND PARTN 16 LTD, 5440 HA DA 7 CAMBRIDGE HOM 2828 TRINI STE CAR 7 -0000 HAMPTON INTERESTS LP, 17060 DALLAS PKWY STE 2 DALLAS TX 75248-1900 BARNETT, CECIL L ETAL PO BOX 820765 NORTH RICHLAND HILLS TX 76182-0765 CAMBRIDGE HOM 2828 TRINI . CA 7 CAMBRIDGE H 2828 TR C TON TX 75240-0000 ARCADIA REALTY P, 5440 HARV L RD ST DAL 7 ARCADIA LAND P LTD, 544 DA S TX 75230-6421 ERS16 ARCADIA LAND PART S 16 LTD, 5440 H HILL RD ST D TX 7 230-6421 WEEKLEY HOMES LP, 1111 N P~ .~D ~2211 CAMBRIDGE HOM 2828 TRINI CA 7 CAM~RIDGE HO , 2828 TRI S STE CAR ON TX 75240-0000 CAMBRIDGE HOM 2828 TRI CA ON TX 75240-0000 CAMBRIDGE HO 2828 TR C TON TX 75 40-0000 ARCADIA REAL ~P, ~O ~Ap"9" I RD ST 7~-6421 ~EKLEYHO , 11 RD STON TX 77055-7211 NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS CITY COUNCIL . CASE #: PS 2003-07 Cambridge Homes Inc. Re-plat of Lots 24, 25, 26, 27, 28, 29, 30 & 31, Block II North Richland Hills Town Center Addition You are receiving this notice because you are a property owner of record within 200 feet of the above property. Purpose of Public Hearino: Pursuant to Section 212.015 of the Texas Local Government Code, a public hearing is being held to consider a request from Cambridge Homes Inc. to replat the existing Lots 24, 25, 26, 27, 28, 29, 30 & 31 of Block II. North Richland Hills . Town Center Addition into Lots 24-R, 25-R, 26-R, 27-R & 28-R, Block II. The purpose of the re-plat is to create lots for single family detached dwellings. Public Hearino Schedule: Public Hearing Date: CITY COUNCIL MONDAY, APRIL 14, 2003 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Time: Location: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 . . ARCADtA LAND PARTNERS 16 LTD, 5440 HARVEST HILL RD ST .iil:LASTX ~0-6421 CAMBRIDGE HOMES INC, 2828 TRINITY MILLS STE CARROLL TON TX 75240-0000 INC, LLS STE CA ON TX 7 ~O-OOOO ERS16 RTNERS16 ARVEST HILL RD ST DALLAS TX 75230-6421 .BRIDGE HO 2828 TRIN LS STE CAR ON TX 752 -0000 CAMBRIDGE HO C, 2828 TRIN LS STE CAR ON TX 75 -0000 ARCADIA LAND P LTD, 5440H OA TX 75230-6421 RS16 HOMES INC, INITY MILLS STE OLL TON TX 75240-0000 ARCADIA LAND PARTNERS 16 LTO, 5440 HA DAL 7 VEST HILL RO ST o LAS TX 75230-6421 RS16 VEST HILL RO ST DALLAS TX 75230-6421 NERS16 INC, MILLS RO C LLTON TX 75006-2356 WAISBURD, ANDREW C ETUX BETH S 6009 WINTER PARK DR NORTH RICHLANO HILLS TX 76180-0000 VILLAGE HOMES LP, 6300 RIOGLEA PL FORT WORTH TX 76116-5730 S 16 CAMBRIDGE HO NC, LS STE ONTX 0-0000 SINC, MILLS STE C LLTON TX 7 40-0000 RAMCO REALTY CO, 700 N PEARL ST STE 2400 DALLAS TX 75201-2832 INC, ARCADIA LAND P LTD, 5440 o STX 75230-6421 S 16 C, CAMBRIDGE 2828 T C LTON TX 75 40-0000 NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS CITY COUNCIL . CASE #: PS 2003-07 Cambridge Homes Inc. Re-plat of Lots 27, 28, 29, 30, 31, 32, & 33, Block LL North Richland Hills Town Center 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: Pursuant to Section 212.015 of the Texas Local Government Code, a public hearing is being held to consider a request from Cambridge Homes Inc. to replat the existing Lots 27, 28, 29, 30, 31 32, & 33 of Block LL, North Richland Hills . Town Center Addition into Lots 27 -R, 28-R, 29-R & 30-R Block LL. The purpose of the re-plat is to create lots for single family detached dwellings. Public Hearina Schedule: Public Hearing Date: CITY COUNCIL MONDAY, APRIL 14, 2003 7:00 P.M. Time: Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Planning Deparbnent City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 . RAMCO'REAL TY CO, 700 N PEARL ST STE 2400 DALLAS TX .01-2832 CAMBRIDGE HOMES INC, 2828 TRINITY MILLS RD S CARROLL TON TX 75006-0000 ARCADIA LAND PARTNERS 16 LTD, 5440 HARV DAL 75 ARCADIA LAND PARTNERS 16 LTD, 5440 HARVEST HILL RD ST DALLAS TX 75230-6421 CAMBRIDGE HOM 2828 TRINITY CARRO TX 752 WAISBURD, ANDREW C ETUX BETH S 6009 WINTER PARK DR NORTH RICHLAND HILLS TX 76180-0000 VILLAGE HOMES LP, 6300 RIDGLEA PL FORT WORTH TX 76116-5730 CAMBRIDGE HO NC, 2828 TRINI LS STE CARR N TX 752 - 000 AADIA LAND P RS 16 M: 5440 H THILL RD ST DAL X 75230-6421 CAMBRIDGE H INC, ILLS RD S CAR ON TX 750 -0000 ARCADIA LAND PARTNERS 16 LTD, 5440 HAR\l DAL 752 - 21 ARCADIA LAND PARTNERS 16 LTD, 544; ~rLL RD 51 DALLAS 75 21 CAMBRIDGE HOMES INC, 2828 TRINITY MILLS STE CA~~~~ 752~ CAMBRIDGE HOMES INC, 2828 T~INITY TE CARROL X 75240- CAMB¿i ~Z INC, 2828 TRINI S STE CARRO N TX 75240- 000 CAMBRIDGE HOMES INC, 2828 TRINITY MILLS STE CA~~~~ 752~ .IBRIDGE HOMES INC, TRI~S STE C R~N TX 75240-0000 ARCADIA LAND PARTNERS 16 LT~, 5449 ST HILL RD ST D TX 75230-6421 SINC, MILLS STE CA LTON TX 75240~0000 ARCADIA LAND PART ERS 16 LTD, 5440 HA DA X 75230-6421 VAHLE, KIRBY L ETUX NANCY C 8605 BRIDGE ST NORTH RICHLAND HILLS TX 76180-0000 CAMBRIDGE HOMES INC, 2828 TRINITY M TE CARROLL T 75240- CAMBRIDGE HOM 2828 TRINI STE CARRO 75 000 6 NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS CITY COUNCIL . CASE #: PS 2003-07 Cambridge Homes Inc. Re-plat of Lots 1-13, Block NN North Richland Hills Town Center Addition You are receiving this notice because you are a property owner of record within 200 feet ofthe above property. PurDose of Public Hearina: Pursuant to Section 212.015 of the Texas Local Government Code, a public hearing is being held to consider a request from Cambridge Homes Inc. to replat the existing Lots 1-13 of Block NN, North Richland Hills Town Center Addition . into Lots 1-R, 2-R, 3-R, 4-R, 5-R, 6-R, 7-R & 8-R, Block NN. The purpose of the re-plat is to create lots for single family detached dwellings. Public Hearina Schedule: Public Hearing Date: CITY COUNCIL MONDAY, APRIL 14, 2003 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Time: Location: Planning Deparbnent City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 . ARCADtA LAND PARTNERS 16 LTD, 5440 HARVEST HILL RD ST ~LAS TX .0-6421 CAMBRIDGE HOMES INC, 2828 TRINITY MILLS STE CARROLL TON TX 75240-0000 VAHLE, KIRBY L ETUX NANCY C 8605 BRIDGE ST NORTH RICHLAND HILLS TX 76180-0000 75 HAMPTON INTERESTS LP, 17060 DALLAS PKWY STE 2 DALLAS TX 75248-1900 ~DIA LAND P ERS 16 ~. 5440 HA THILL RD ST DAL TX 75 0-6421 ERS16 JANIS, JEFFREY R 5963 WINTER PARK DR FORT WORTH TX 76180-5310 ERS16 iEKLEY HOMES LP, 1 N POST OAK RD , TON TX 77055-7211 VILLAGE HOMES LP, 6300 RIDGLEA PL FORT WORTH TX 76116-5730 ARCADIA LAND P LTD, 5440 D TX 75230-6421 ARCADIA LAND P- LTD, 5440 DA S TX 75230-6421 CAMBRIDGE Z828TR CA 75 RS16 RS 16 ARCADIA LAND P S 16 LTD, 5440 EST HILL RD ST DAL S TX 75230-6421 ARCADIA LAND P LTD, 5440 D STX 75230-6421 RS16 ERS16 NC, CAMBRIDGE INC, 2828 TR ILLS STE CA TON TX 75 0-0000 ARCADIA LAND PARTNERS 16 LTD, 5440 D TX 75 30-6421 ERS16 ARCADIA LAND P LTD, 5440 D TX 75230-6421 ARCADIA LAND PARTNERS 16 LTD, 5440 HA~ HILL RD ST DA~ 75230-6421 S 16 . . _n.~. _ .__ _........ NI~H CITY OF NORTH RICHLAND HILLS .,' Public Works / Administration . March 11, 2003 MEMO TO: Donna Jackson, NRH Planner FROM: Andrea Jobe, EIT, Engineer Associate RE: REPLAT OF NORTH RICHLAND HILLS TOWN CENTER ADDTION; LOTS 22R - 24R, BLOCK I; LOTS 1 R - 8R, BLOCK NN; LOTS 24R _ 28R, BLOCK II; LOTS 27R - 30R, BLOCK LL (PS 2003-07) Public Works has reviewed the Replats submitted to this office on March 6, 2003. All of Public Work's requirements has been met. We recommend their placement on the next Planning & Zoning meeting agenda. . If you have any questions, please don't hesitate to contact me at 817-427-6400. . !V~v- Andrea R. Jobe, E.I.T., En ARJ/pwm2003-065 Cc: Lance Barton, PE, Assistant Public Works Director Dave Green, Zoning Coordinator . P.O. Box 820609 ,.. North Ric:t1land Hills. Texas 76182-0609 7301 Northeast Loop 820 ... (817) 427-6400 ,.. Fax (817) 427-6404 CITY OF NORTH RICHLAND HILLS . Department: PlanninQ & Inspections Department Council Meeting Date: 4/14/03 Subject: Public HearinQ To Consider a ReQuest From Stinson Agenda Number: PZ 2003-02 Development Corporation for the Approval of a Zoning Change from "AG" Agricultural to "R-2" Residential and "NS" Neighborhood Services in the 7600-7700 block of Precinct line Road (10.56 and 5.95 acres respectively) - Ordinance No. 2698 Case Summary: The applicant is proposing to develop a limited retail development along Precinct line Road frontage north of Kirk Lane. The area behind the commercial frontage (west) is proposed for development as a small residential subdivision. Existing Land Use/Site Attributes: The site is mostly vacant and is characterized by several fenced pastures for the keeping of horses. The site also contains several outbuildingslbarns and a single-family residence. Comprehensive Plan: The Comprehensive Plan indicates Neighborhood Service uses for this entire site. That portion of the site proposed for "NS" Neighborhood Service zoning (along the Precinct Line Road frontage) is consistent with the Plan. The area proposed for residential use is not. The request for residential zoning does, however, reflect a recent trend toward the downsizing of commercial/industrial areas for low-density residential development. Thoroughfare Plan: The site has approximately 1 073' of frontage on Precinct Line Road. Precinct Line Road is characterized by the Thoroughfare Plan as a seven-lane, undivided, Principal Arterial (P7U) of 130' ROW. All ROW dedications along this frontage have been met. The site also has approximately 725' of frontage on Kirk Road. Kirk Road is characterized by the Thoroughfare Plan as a Local Street with 50'ROW. The plat request submitted for this site notes a street ROW dedication of 25' along this frontage. Plat Status: A preliminary plat for this site (ref. PS 2003-04 Grace Meadows Addition) was approved by the Planning and Zoning Commission on March 20th. The plat proposes the entire frontage along Precinct Line Road for commercial uses with 30 single family lots proposed for the area behind this frontage. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other _ & ~cf2~ Account Number Sufficient Funds Available Finance Director Department Head Signature ~lfC~ . . Manager Si~a e PZ 2003-02 Stinson CC CITY OF NORTH RICHLAND HILLS . Adjacent Zoning/Land Use: North: "AG "Naca nt East: City of Colleyville, City of Hurst, Unincorporated Tarrant County South: "AG"/Large-Iot single family West: "AG"Nacant, RV storage Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on, March 20, 2003, recommended approval of PZ 2003-02 by a vote of 4-0. RECOMMENDATION: To uphold Planning & Zoning Commission recommendation and approve PZ 2003- 02. Review Schedule: Application: 1/13/03 Final Hearing: 4/14/03 Total Review Time: 13 weeks* * The applicant also submitted a preliminary plat request for this property. The review of this rezoning was held back so that the plat and zoning request could run concurrently to the Planning and Zoning Commission. .t"; N A c,_~~~~~ >,:;.~: NRH PZ 2003-02 GRACE MEADOWS RE-ZONING AG to NS and R-2 Prepared by Planning 03-06-03 o :""'.'\'~.~"""''¡: "--. City of Colleyville City of Hurst 200 400 600 800 Feet · · · PZ 2003-02 PUBLIC HEARING TO CONSIDER A REQUEST FROM THE STINSON DEVELOPMENT CORPORATION FOR THE APPROVAL OF A ZONING CHANGE FROM" AG" AGRICULTURAL TO "R-2" RESIDENTIAL AND "NS" NEIGHBORHOOD SERVICES LOCATED IN THE 7600-7700 BLOCK OF PRECINCT LINE ROAD (10.56 AND 5.95 ACRES RESPECTIVELY). APPROVED Dave Green, Zoning Administrator, summarized the case. This is a request to rezone approximately 16.50 acres located in the 7600-7700 block of Precinct Line Road. This tract is currently zoned Agricultural. This request is to take the frontage area from Agricultural to Neighborhood Services, which allows light retail type uses. The east side facing Kirk Lane is being requested from AG to R- 2 district. The Comprehensive Plan shows the entire site to be Neighborhood Services. However, in a number of cases in the last few months, there have been properties in this community down-zoned from industrial and commercial to single-family districts. Down zoning is generally a positive sign. It indicates less impact and less generation noise, such as dust and smoke, in the community. Staff recommends approval of this request for a zoning change. Chairman Bowen opened the public hearing. Abel Lajoie, 7909 Precinct Line Road, North Richland Hills, Texas, came forward. Mr. Lajoie questioned the zoning of the 5 acre frontage. He wanted to know why it couldn't be made residential. He feels that there is already too many service stations and restaurants on Precinct Line Road. Mr. Lajoie doesn't want Precinct Line Road to turn into another Rufe Snow. Chairman Bowen explained that Neighborhood Services would not allow service stations or restaurants. Dave Green added that NS Zoning is very limited. Mr. Green read a list of uses: 1) small grocery stores, 2) pharmacy, and 3) personal service shops (hair salons, dry cleaners, florists, day care centers, medical/dental offices, and financial institutions). A convenient store could be built, however, it could not have any gasoline services. Mr. Lajoie stated that his opposition still stands. He would rather have residential. Chairman Bowen closed the public hearing. Bill Schopper stated he believes that Precinct Line Road will develop out like Harwood with a lot of professional offices with classic concepts. He doesn't believe it is feasible for convenient stores. Chairman Bowen called for a motion. . Brenda Cole, seconded by Bill Schopper, motioned to approve PZ 2003-02. The motion ca"ied unanimously (4-0). . . . . . NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS CITY COUNCIL CASE #: PZ 2003-02 Northwest Corner of Precinct Line Road and Kirk Road a.k.a. 16.51 acres out of the S. Richard Survey Abstract No. 1266 and the W.C. Newton Survey, Abstract No. 1182 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 the Stinson Development Corporation to rezone 10.56 acres of the above tracts from "AG" Agricultural to "R-2" Residential for a single-family residential subdivision. The applicant is also requesting to rezone the remaining 5.95 acres of the above tracts from "AG" Agricultural to "NS" Neighborhood Services for retail development. This request has received a recommendation for approval from the Planning and Zoning Commission. Public Hearina Schedule: Public Hearing Dates: CITY COUNCIL MONDAY, APRIL 14, 2003 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 ®09t S Jas£!l LAJOI£ FAMILY TRUST, 7909 PRECINCT LINE RD FORT WORTH TX .6180-2530 JB & JB DEVELOPMENT FLP, 700 HARWOOD RD STE A HURST TX 76054-0000 STEVENS, LUCILLE H 9201 KIRK LN FORT WORTH TX 76180-2514 MCKINNEY, ROBERT 729 GRAPEVINE HWY # 410 HURST TX 76054-2805 . . ])09::; ..:G~ ~¡E1a Wi;l 35:- LAJOIE FAMILY TRUST, 7909 PRECINCT LINE RD FORT WORTH TX 76180-2530 JB & JB DEVELOPMENT FLP, 700 HARWOOD RD STE A HURST TX 76054-0000 DEVINE, LILLIAN R PO BOX 164 TIMBERON NM 88350-0164 MCKINNEY, ROBERT 6517 SMITHFIELD RD STE NORTH RICHLAND HILLS TX 76180-4695 s]aqel SSaJpP'l GÐAUMV8 LAJOIE FAMILY TRUST, 7909 PRECINCT LINE RD FORT WORTH TX 76180-2530 STEVENS, LUCILLE 9201 KIRK LN FORT WORTH TX 76180-2514 MILLER, DEE 0 7629 PRECINCT LINE RD FORT WORTH TX 76180-2526 MCKINNEY, ROBERT 6517 SMITHFIELD RD STE NORTH RICHLAND HILLS TX 76180-4695 _ 5::ô"u5 J",,~ ..J¡OOwS 2 . 4 6 8 10 12 14 16 18 20 22 24 .26 28 30 32 34 36 38 40 42 ORDINANCE NO. 2698 ZONING CASE PZ 2003-02 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND mLLS; AMENDING THE ZONING MAP AND OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 10.56 AND A 5.95 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) TO R-2 (RESIDENTIAL) AND NS (NEIGHBORHOOD SERVICES) ZONING; ESTABLISHING 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 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 the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, 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, 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 zoning map of the City of North Richland Hills are hereby amended byrezoning a 10.56 and 5.95 acre tract ofland located in the 7600-7700 Block of Precinct Line Road and described on Exhibit "An hereto, from AG Agricultural to R-2 Residential and NS Neighborhood Services zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. . Ordin ce No. 2698 Page f 2 W,\ eneral\Ordinances-Draft\Map Change.Rezone.R2 to NS.2698 1 ·4 .26 . 2 6 8 10 12 14 16 18 20 22 24 28 30 32 34 36 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. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED on this 14th day of April, 2003. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary S TO FORM AND LEGALITY: APPROVED AS TO CONTENT: Department Head eneral\Ordinances-Draft\Map Change.Rezone.R2 to NS.2698 2 CITY OF NORTH RICHLAND HILLS . Department: PlanninQ & Inspections Department Council Meeting Date: 4/14/03 Subject: Public HearinQ To Consider a ReQuest from H&H Capital Agenda Number: PZ 2003-07 Ltd. for the Approval of a Zoning Change from "C-2" Commercial to "I-I" Light Industrial at 5104 & 5112 Commercial Drive, 7723 & 7729 Maplewood Avenue (1.94 acres approx.) - Ordinance No. 2701 Case Summary: Applicant wants the ability to lease these addresses to industriallwarehouse-type users. The applicant contends that this category of use was permitted by the "C-2" District when the buildings were originally constructed. The current "C-2" District would either not permit these types of uses or at least require a Special Use Permit (SUP). Existing Land Use/Site Attributes: The site consists of four lots, all of which contain industrial/warehouse-type buildings of concrete block construction. The buildings fronting Commercial Drive are currently vacant (former location of Macco Auto Painting). Of the businesses that front Maplewood Avenue, one is occupied by an automotive paint supply, another by an auto transmission repair service and a third is vacant. Comprehensive Plan: The Comprehensive Plan indicates Commercial uses for this area. The applicant's request represents an increase in intensity that is not supported by the Plan. The applicant, however, maintains that the requested zoning reflects the type and character of uses that have occupied these addresses and adjacent properties for a number of years. The site's location is internal to a larger area of similar uses and is "back to back" with lower intensity retail uses that front Davis Boulevard. low-density residential uses are located some distance to the west of this site and are again separated from the subject site by other existing warehouse-type uses. As such, rezoning of the site would have little impact on these nearby lower-intensity uses. Thoroughfare Plan: The Thoroughfare Plan designates Commercial Drive as a local commercial street of 50' ROW. Maplewood Avenue is designated as a 2-lane, undivided collector street of 68' ROW. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other _ ~ ~¿}~ Account Number Sufficient Funds Available Finance Director Department Head Signature 'cIcw(J~ff~ PZ 2003-07 Hamm CC e· .- ..,-'.-. '-."-~-~-"'- CITY OF NORTH RICHLAND HILLS Adjacent Zoning/Land Use: North: "C-2"NVarehousing East: "C-2"/ Retail (fronts Davis Boulevard) South: "C-2"/Automotive painting and repair West: "C-2"NVarehousing Planning and Zoning Commission Recommendation:· The Planning and Zoning Commission at their meeting on, March 20, 2003, recommended approval of PZ 2003-07 by a vote of 4-0. RECOMMENDATION: To uphold Planning & Zoning Commission recommendation and approve PZ 2003- 07. Review Schedule: Application: 3/03/03 Final Hearing: 4/14/03 Total Review Time: 6 weeks "U__=~'"":,,~ "':-:_>~:2~.':=,~_ N A NRH PZ 2003-07 Lots C, 0, E1 & E2, Block 14 RICHLANO TERRACE Prepared by Planning 03-06-03 o 200 400 600 Feet . PZ 2003-07 PUBLIC HEARING TO CONSIDER A REQUEST FROM H&H CAPITAL, LIMITED FOR THE APPROVAL OF A ZONING CHANGE FROM "C-2" COMMERCIAL TO "1_1" LIGHT INDUSTRIAL AT 5104 & 5112 COMMERCIAL DRIVE, 7723 & 7729 MAPLEWOOD AVENUE (1.94 ACRES APPROX.). APPROVED Dave Green, Zoning Administrator, summarized the case. This is a tract of land located at the intersection of Maplewood and Davis Boulevard. The applicant is making an application to change the zoning of Commercial Drive from request "C-2" commercial to "1-1" industrial. For a number of years this area has been developed as a kind of industrially-based area. There is a lot of automotive related uses: paint and body, automotive repair, plumbing, air conditioning supplies, and storage. The area was developed with a certain type and intensity of use and yet the zoning doesn't match the use. The current zoning is C-2, which allows some of the uses that have been in this area for a number of years. In this particular case, however, due to the current ordinance, an SUP may be required. The applicant has owned this property for a long time. The applicant is concerned about the types of uses that have been there over the years, which are no longer permitted under the current zoning. This is the reason for the zoning change request. Around the property is a lot of retail, especially in the . front. The applicant is here if there are any questions. Mr. Laubacher asked Mr. Green to clarify the types of services that can go in light industrial as opposed to C-2. Mr. Green stated that there is little bit of difference between what is called heavy commercial and light industrial. Sometimes it is based on manufacturing, which is closer to medium industrial use. Industrial uses tend to have storage facilities, perhaps even open storage of trucks, or outdoor storage of materials. Business that have a little more intensity such as things that create noise, create fumes, possible storage issues with some of the materials that are being stored are generally going away from retail to a possible wholeseller type environment, with storage of material in the back and an office in the front. Automotive repair, motorcycle products and repair and fuels. Step away from a retail business and get more into manufacturing or assembly. Mr. Laubacher asked if the Board changed the zoning to light industrial would an assembly plant with pollutants be allowed according to the zoning? Mr. Green stated that type of use would be seen more in an 1-2 district, which is a much more heavier district. 1-2 is considered somewhat of a gray area. It is between commercial and industrial. . Mr. Schopper commented that businesses that deal with fumes have air scrubbers these days due to all the pollution. . . . Ms. Cole asked how the conflict came about with the zoning. Dave Green responded that sometimes there will be an ordinance that will allow these type of uses for a number of years and places get built purposely for that use under that zoning. Then the ordinances go through a zoning change. Chairman Bowen opened the public hearing. The applicant, Alan Hamm, 408 Woodbriar Court, Colleyville, Texas, came forward. This property was developed in consultation with the city. The City asked that it be zoned C-2 because C-2 allows all of these uses without getting into any industrial uses. Over a period of years, the basis of what was built are warehouses. There are a lot of uses that have gone away out of this zoning classification of C-2. The basic use, parking ratio, and the design do not allow most of the uses that are already there. If the zoning does not get changed, then the property will eventually become vacant. Chairman Bowen asked if Mr. Hamm had any plans to make changes on the west side. Mr. Hamm answered no. Mr. Hamm stated that he no longer owns that portion of the property. Carolyn Hyden, 5104 Roberta Drive, North Richland Hills, Texas came forward. Mrs. Hyden is concerned about what may end up on the property. She stated that there may be more noise, fumes, and brighter lights. Chairman Bowen reminded Mrs. Hyden that Mr. Hamm is not requesting a more intense district. The city ordinance has changed and Mr. Hamm just wants to be able to use his property. Debra Perez, 5124 Roberta, North Richland Hills, Texas came forward. Mrs. Perez stated that she has lived in her home for 15 years. She does not have problems with what is there now. However Mrs. Perez wants to know if there is going to be more intense noises, more fumes, brighter lights. Will there be anything coming in that will be open 24 hours? How does this affect vandals and thieves? Mrs. Perez stated that she is looking for a guarantee that it will not get worse. Mr. Schopper stated that if the zoning doesn't change, then the buildings become vacant. Vacant buildings attract vandals and thieves. Mr. Hamm is trying to get the buildings full so that there will be activity. Chairman Bowen encouraged Mrs. Perez that it shouldn't change. Chairman Bowen asked Dave Green if he had a list of permitted uses for Mrs. Perez. Dave Green showed Mrs. Perez the listing of the ordinance and uses that are permitted in light industrial. . . . Mr. Schopper stated that the only real difference between industrial zoning and commercial zoning was a metal building could be built. Mr. Green commented to Mrs. Perez that in regards to a business open 24 hours, Mr. Green stated that he couldn't think of anything that would limit that even at a convenience store. In order to keep that from happening, it could be written into the lease. It would be between the property owner and the person leasing the space. Chairman Bowen stated that Mr. Hamm said that he would limit some of the uses. The Chairman explained that the Board, however, could not limit the use because that would be considered conditional zoning. Mrs. Perez asked about 20% of a vote for property owners. Chairman Bowen stated that Mrs. Perez could come up with a petition so long as the petition had 20% of the owners of the property in a 200 feet area. Chairman Bowen pointed out that Mr. Hamm and his family own about 80% of the property within 200 feet. Mr. Laubacher stated that he would like to be able to give a guarantee to Mrs. Perez, however, that would not be realistic. Mr. Laubacher stated that Mr. Hamm is only trying to keep what is currently there, nothing more intense. Codes change and sometimes the codes make it more difficult and Mr. Hamm is trying to do what is right within the law. Ms. Cole stated that there would be more of a concern over property value if the zoning change was occurring on the west side of Commercial instead of on the east side, which is basically maintaining what has already been happening. There should not be a change in property value. Wanda Gebhart, 5108 Roberta Drive, North Richland Hills, Texas, came forward. Mrs. Gebhart explained that she backs up to the west side of Commercial. Mrs. Gebhart is concerned about the fumes that are already there. She explained that EPA visited the two body shops causing the excessive fumes, but never heard back from them. Mrs. Gebhart stated that she is worried that something else will come in with even more toxic fumes. Chairman Bowen stated that if any new business comes in, the City can make the business install air scrubbers. The business cannot get a certificate of occupancy until the City is satisfied with all ordinances. In an existing business it is more difficult. Mrs. Gebhart stated that she assumes the regulations were not in effect at the time those businesses came in. She wonders if there is anything that can be done now. Mrs. Gebhart stated that her husband is ill due to possible lung cancer. . Chairman Bowen asked Mr. Green who Mrs. Gebhart should talk to regarding this matter. Mr. Green stated that she should speak with the Building Official, David Pendley. Chairman Bowen closed the public hearing. Bill Schopper, seconded by Brenda Cole, motioned to approve PZ 2003-07. The motion carried unanimously (4-0). . . . . . NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS CITY COUNCIL CASE #: PZ 2003-07 H & H Capital, Limited 5104 & 5112 Commercial Drive, 7723 & 7729 Maplewood Avenue Lots C, D, E1 and E2, Block 14 Richland Terrace Addition 6th Filing 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 H&H Capital, Limited to rezone the above properties from "C-2" Commercial to "L-I" Light Industrial" for the purpose of permitting light industrial uses in the existing buildings. This request has received a recommendation for approval by the Planning and Zoning Commission. Public Hearina Schedule: Public Hearing Dates: CITY COUNCIL MONDAY, APRIL 14, 2003 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 ~09tS lasel , WOODBRIAR MANAGEMENT LTD, 5125 DAVIS BLVD ~RT WORTH TX .180-6873 MLS PRTNRS L TO & ALAN W HAMM, 5137 DAVIS BLVD FORT WORTH TX 76180-6873 MLS PRTNRS L TO & ALAN W HAMM, 5137 DAVIS BLVD FORT WORTH TX 76180-6873 MLS PRTNRS L TO & ALAN W HAMM, 5137 DAVIS BLVD FORT WORTH TX 76180-6873 GEBHART, WANDA LEE 51 08 ROBERTA DR FORT WORTH TX 76180-6864 ~EN,CAROLYNJEAN ~ ROBERTA DR FORT WORTH TX 76180-6864 BLACKBURN, JAMES ETUX N S EST 5016 ROBERTA DR NORTH RICHLAND HILLS TX 76180-6866 NORTHEAST PAINT & BODY, 7724 MAPLEWOOD AVE FORT WORTH TX 76180-6860 DAVIS BLVD CHURCH OF .ST, KINGSTON ST FORT WORTH TX 76180-0000 ?\ù9~ ~ lOi 31ElOwa: 35,- .-:.> . NORTH RICHLANO HILLS, CITY OF 00000-0000 MLS PRTNRS L TO & ALAN W HAMM, 5137 DAVIS BLVD FORT WORTH TX 76180-6873 WORTHEY,OAVIOW 100450 JACKSON RD KRUM TX 76249-0000 MLS PRTNRS L TO & ALAN W HAMM, 5137 DAVIS BLVD FORT WORTH TX 76180-6873 KING, J B III 5105 DAVIS BLVD FORT WORTH TX 76180-6872 ROCK HARBOR PROPERTIES INC, PO BOX 30 FORT WORTH TX 76101-0030 MAPLEWOOD BAPTIST CHURCH, 7708 MAPLEWOOD AVE FORT WORTH TX 76180-6858 NORTHEAST PAINT & BODY, 7724 MAPLEWOOD AVE FORT WORTH TX 76180-6860 GARTH CO, THE 5825 CAMP BOWIE FORT WORTH TX 76107 -0000 NORTHEAST PAINT & BODY. 7724 MAPLEWOOD AVE FORT WORTH TX 76180-6860 '~'....-._.. _..~---_.~._'.- -,_..._,.;.".:~,.~ s1aqel ssaJpp\f @AlJ3AVI1 MLS PRTNRS L TO & ALAN W HAMM, 5137 DAVIS BLVD FORT WORTH TX 76180-6873 PEREZ, DEBRA KAY 5124 ROBERTA DR FORT WORTH TX 76180-6864 HALE, RONNIE ETUX BEVERLY 5116 ROBERTA DR FORT WORTH TX 76180-6864 FRISQUE, JOHN ETUX RENETTA 5112 ROBERTA DR FORT WORTH TX 76180-6864 DORN, BOBBY ETUX WANDA 7709 MAPLEWOOD AVE FORT WORTH TX 76180-6861 GIFFORD, PAULA 0 5100 ROBERTA DR FORT WORTH TX 76180-6864 DA VIS BLVD CHURCH OF CHRIST, 2408 KINGSTON ST FORT WORTH TX 76180-0000 _ ~:òòwS Jò';: ~.lOOLUS -- ~--===.'-:.-... - -- - -, r " V.TlLlTY U'IMI~T i I . '5~rÇ) = ~J ~ ~ r .:) :4 ~ tS' ft"cS' ~ ØI 0.1 . CITy OF NæTH ...,. "It 0 I.. RICHLAND HILLS ai , N ..., . ---- !.---..!9'-!!L_:-__-..! g +--------, "- fErrA DRIVE ~ 't ; ~ . ~ ~ ---.-- I I ,........... ., I 8.'ð.'.A~.~ 15!1.0' . . , - -- -176.,·__"<!.o:,, . N89"5..V<I'i._ /70.0 N J ~~~_...:. . ;' ~.'"~':: I,-Ïõ'üToüñ-.,š..¡;'T - I - -..-'70.düilL¡;"""-g.!, - -- -r.::::~T--- gr' I Æ I I I~~ ----- I I:: ~_"' 8 ~ ~ I ; g ~ ~ ~o H ð a> ,'J Ñ.. .z , - - - -~ [ j ~~ ~ ø ~ 1 = ;~ ~ 7 I ~., I ~. - ---- I ,II< I I ØI I Ø'i 6 f ·crt - "0\ I 12l47' iii .-.~-~~:~ @23': ~¡ J ~I ~I -- I --- I -o~ ~j I~ I '28.7' N 890", 'f e . I ..... '4 ~ 2 I K 126.71' N 87°5800 W · MAPLE WOOD' ;i;; ~,!. -q o Ñ -Q o o N "N ID d .... ...J <t -- u a:: w :2 :2 o u -U) "I: II) ~ 3= -N o o '"0 "'Iri Z !!! Çl AVENUE . " I. . '.... ., ,. , ' · l....;-;I~ .., I '-; . ".. ,.' , .:- '.1. '. ''¡', '>;::; 1 .: '. "',"" ;'. ,': '''J. . :·..~.:':.i I .'. .;....: d_' . /........... t,. ';',: I . V'~~i;~\. >:'<. I , ... .... .... I "'/ '. '.. , ..\ . ....... ':' ("L .... j . " . .. ..,... , : ""ESTIEG EN~EnAS£S I . ,;'; '; I 5137 DAVIS BLVD. I ' I FT WORTH, TE)(AS. ; 16118 I G 8U) W cD 'P ot tV o F '"q ~ -~ ~ ----- I ~I . I ~ ,'. ~11 . __~I, --- ·0 .:t. .n ~F ,~ I ''0 :t\ 11), :ï!:1 , II 10 , -\0 , ~ I I') I !I~ I .... , -l A: I 14~!3' ---172.43' - 1 S 880/900 W 149.93 -,~ UTILITY EASEMENT .~ I I 10 ,.... I 5 8.11 0 r 9 'w I~ ~ .~ ..J . . ~ ~ALAN HMAM 8 J.B. SANDLIN 1 <\Í :'13~ DAVIS BLVD I 80 , Ft WORm, Tt::XAS I ~I~ 76118 ® a>f...... 14 :~- ;;r r~ ~ J8 KING I~ ò" 5105 ·'5109 DAVIS BL D. ' ~ ~ FT WORTH, TEXI\S I'" 76118 I '" lS?"PëboÉ ~ <'5.0' I rr----I I Ç) . ,~., ~ J II- 1 ~ I¿ L9 JULIAIII E. SI .::'1-- I~ ~þ~ ~IO' DAVIS BLVD. . ¡;:;. I 1- I g Ft WORTH, TEXAS 1'0 I '(b 76n8 'I I'" 1 ~ I ~ 114.8" 351.9 .n '07.66' 14978' 108.9 DRIVE S 89° 59' E '0' 10' 149.82 c ..~ (:) ..Ç) ·N ~ rriC\ ,.., 0 - "' ~ I S' D e: -- (60' R.O.W) '. . ...... - '. '.~ ... ."",., . '::'". <X> rt') m o. oCt o a: - j ø ~ >- ~ Z :J o U '-' c ~ Q) I ¡ en - > <t. o t ( ,~ 'j I, 'I 2 . 4 6 8 10 12 14 16 18 20 22 24 .26 28 30 32 34 36 38 40 42 ORDINANCE NO. 2701 ZONING CASE PZ 2003-07 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND IDLLS; AMENDING THE ZONING MAP AND OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 1.94 ACRE TRACT OF PROPERTY FROM C-2 (COMMERCIAL) TO 1-1 (LIGHT INDUSTRIAL) ZONING; ESTABLISmNG 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 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 the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, 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, 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 zoning map of the City of North Richland Hills are hereby amended by rezoning a 1.94-acre tract ofland located at5104 & 5112 Commercial Drive, 7723 & 7729 Maplewood Avenue, more particularly described as Lots C, D, El & E2, Block 14, Richland Terrace Addition, from C-2 (Commercial) to 1-1 (Light Industrial) zomng. Section 2: Any person, finn or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof tined 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. . Ordin ce No. 2701 Page f 2 w:\ eneral\Ordinances-Draft\Map Change.Rezone.C2 to Il.2701 1 2 . 4 6 8 10 12 14 16 18 20 22 24 .26 28 30 32 34 36 . 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. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED on this 14th day of April, 2003. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary ~¡¡¡¡¡¡AND ŒGALITY: / George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head Ordin ce No. 2701 Page of 2 w:\mu eneral\Ordinances-Draft\Map Change.Rezone.C2 to Il.2701 2 >,,' >"j¡¡¡~~~~ CITY OF NORTH RICHLAND HILLS . Department: Planning & Inspections Department Council Meeting Date: 4/14/03 Subject: Public Hearing To Consider a ReQuest from Rivercrown Agenda Number: PZ 2003-03 Investments on Behalf of the Property Owners for the Approval of a Zoning Change from "R-2" Residential to "HC" Heavy Commercial at 4800, 4801, 4804, 4805 4808, 4809 & 4813 Susan Lee Drive (1.35 acres approx.) - Ordinance No. 2699. Case Summary: The applicant is proposing an expansion of the existing Huggins Honda Auto Dealership. Last year the applicant received approval for an initial expansion of the auto dealership along Susan Lee Lane and Loop 820. This first expansion included the following approvals: · PS 2002-08 replat · PZ 2002-12 closing of Susan Lee Drive · PZ 2002-19 site plan approval · PZ 2001-26 rezoning to "C-2" Commercial This request seeks to add seven additional residential lots (all on Susan Lee Drive) to the expansion. Existing Land Use/Site Attributes: All seven lots contain single family residential structures except for 4808 Susan Lee Lane where the residence has been moved. Site Plan/Plat Status: Because of the expansion proposed by this rezoning request, the applicant is required to revise the approved site plan for this area. This revised site plan has been submitted and is currently undergoing staff review. Comprehensive Plan: The Comprehensive Plan recommends low-density residential uses for the area along Susan Lee Lane. The proposed zoning/use is not consistent with this depiction. The Plan, however, also recognizes the subject tract and surrounding areas as being situated within a Strategic Planning Area identified as the Freeway Business District. In this area the Plan encourages both the retention and expansion of existing businesses. To facilitate this, the Plan suggests that the city investigate the potential long-term redevelopment for the Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other , -ø; --1Q ~ Account Number Sufficient Funds Available Department Head Signature Finance Director PZ 2003-03 Huaains CC . ........ .', , .<.. .- .. -- .~- '-.....~....._.~..~. _,".~_4_.___...'.__~ > ". > .. . ~"~ - '.",~_... -....>.-----....~.. CITY OF NORTH RICHLAND HILLS . Richland Terrace Neighborhood. This includes assisting the neighborhood in achieving a buyout plan for redevelopment purposes. To that end, the Plan suggests that future transitions of land uses along the Freeway encompass a minimum of 25 acres of land in order to avoid or minimize curb cuts, provide for shared access and logical geographic development of the area while avoiding piecemeal development patterns. Thoroughfare Plan: Last year the applicant received permission to close Susan Lee Lane in the vicinity of the initial expansion of the auto dealership (ref. PZ 2002-12). The applicant's future site plan will shift the cul-de-sac termination of Susan Lee further north of the approved location. Adjacent Zoning/Land Use: North: "R-2"/ Single family residential neighborhood East: "R-2"/ Single family residential neighborhood South: "C-2"/Construction area for expansion of Huggins Honda West: "C-2"/Huggins Honda Dealership A number of citizens were present at the Commission's public hearing to speak in opposition to this request, however staff received only one letter of opposition (attached). No petitions of opposition have been received as of the writing of this report. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on, March 20, 2003, recommended approval of PZ 2003-03 by a vote of 4-0. RECOMMENDATION: Staff recommends that the applicant present a cohesive development plan that incorporates all the properties on both sides of Susan Lee up to Short Street. Review Schedule: Application: 1/13/03 Final Hearing: 4/14/03 Total Review Time: 13 weeks* * The applicant's original application included a revision of the site plan approved last year. The review of the site plan is on going. ~_. ..~'_'.ß-'" ¡.,~, N A NRH PZ 2003-03 Rivercrown Properties Lots 9,10 & 11, Block 4 Lots 15, 16, 17 & 18, Block 5 Richland Terrance Prepared by Planning 03-06-03 o 600 200 400 '~~~Ä-."'''''''':.c:"l'' . '!' " .,. I : ..;~ ,:,:~:" :;~ .~",,~.'~' ;'':;-,-;:,:':':'_ '·..:.:i·:~·~t. '~ ~ -,._--"·:'.._,,-.:.>.,-":.....,.;;-'",,,.....7f,ft~~! :..' .: ···../·'-;··:·';:,;··;.:\-:·':',..>,-:..:,:/~~t~:?:;,<:¥·,}':ili 800 Feet , . . . " PZ 2003-03 PUBLIC HEARING TO CONSIDER A REQUEST FROM RIVERCROWN INVESTMENTS ON BEHALF OF THE PROPERTY OWNERS FOR THE APPROVAL OF A ZONING CHANGE FROM "R-2" RESIDENTIAL TO "HC" HEAVY COMMERCIAL AT 4800, 4801, 4805, 4808, 4809 & 4813 SUSAN LEE DRIVE (1.35 ACRES APPROX.). APPROVED Dave Green, Zoning Administrator, summarized the case. This is a request from Rivercrown Investments to rezone from "R-2" residential to "HC" Heavy Commercial. The purpose of rezoning these 7 tracts is to expand Huggins Honda. Last year, this area along Nancy Lane and Susan Lee was rezoned and replatted. The Board approved the site plan and the closing of Susan Lee for this property. The applicant has purchased these 7 lots to take the cul-de-sac further up into the block and terminate the street. There will have to be a site plan approval on this property because Mr. Huggins has commercial zoning and development within 200 feet of residential zoning. The site plan for the property is currently being reviewed by staff and should be presentable to the Commission at our next monthly meeting (4/17/03). The applicant is here to answer any questions. Ms. Cole asked if the new site plan will actually show the cul-de-sac moving up and will that then come back to the Commission? Mr. Green explained that the site plan will include these same elements. It will show the adjacent residential and a required 6-foot masonry wall, a 15-foot landscape buffer, light standards, as well as a number of other issues. The cul- de-sac, which was approved by Council last year, will have an ornamental steel fence with brick columns with landscaping behind that. Chairman Bowen asked if anything has been built yet. Mr. Green responded that nothing has been built at this time. However, just in the last couple of weeks, this property has been completely cleared off. Susan Lee is blocked off up to Short Street for local traffic only. Mr. Laubacher commented that most of this property is C-2 and this new section is asking for HC, which has enough compatibility with C-2 that there shouldn't be a problem. Mr. Green agreed and stated that the reason the same district is not being requested is because an ordinance was adopted last year that changed the terminology of some of the cities districts. With the adoption of that ordinance, C- 2 was replaced with HC. . Chairman Bowen opened the public hearing. The applicant, Ron Huggins, 1503 New Castle Road, South lake, Texas, came forward. Mr. Huggins stated that he is asking for approval to move the cul-de- sac and the screening wall 3 property lines to the north. He explained that initially, when this was submitted he was under contract with these 3 properties. He has now closed on all the properties. Chairman Bowen asked if Mr. Huggins was going to purchase additional homes? Mr. Huggins responded that he could use more property. Johnnie Latham, 4824 Susan Lee, North Richland Hills, Texas, came forward. Mr. Latham stated that he lives on the east corner of Susan Lee and Short. He said that seven years ago, Huggins approached the Council and was denied. Mr. Latham quoted that Council as saying the City would not tear up the neighborhood. Since then, a new City Council has been elected who hold more pro-active views regarding allowing the neighborhood to be torn up. . Elisa Hediger, 4825 Susan Lee, North Richland Hills, Texas, came forward. Mrs. Hediger stated that she lives on the west comer of Susan Lee and Short. Ms. Hediger also quoted a past Council as saying the City would not tear up the neighborhood. Ms. Hediger feels that the City of North Richland Hills is turning against the citizens. She also feels if Mr. Huggins is going to tear up the neighborhood, he should take all the homes, not just a choice few. Steve Hediger, 4825 Susan Lee, North Richland Hills, Texas, came forward. Mr. Hediger stated that the noise from the Huggins Honda car lot is very loud as well as the noise from the highway. The houses that were there helped absorb most of that noise. He complained that there is no longer a buffer for the noise. Linda and Sonny Graham, 4805 Nancy, North Richland Hills, Texas, came forward. Mrs. Graham stated that the neighborhood is no longer being cleaned and is opposed to having her neighborhood torn up. Chairman Bowen read a list of names from cards that are opposed, but did not wish to speak: William Madsack, Sherie Latham, Ann Hanes, Maria Tijerina, Gilberto Tijerina, Nancy Tijerina, Ed Tijerina. Chairman Bowen also mentioned the letter of opposition from Gilberto Tijerina. Mr. Huggins returned to the podium to state that the reason neighborhood people are here is because they are homeowners who are asking for twice the amount their property is worth. Mr. Huggins stated that he has offered fair market value according to city tax statements. As far as keeping the site clean, Mr. Huggins stated that all rules, regulations, and ordinances are being followed to the letter. . Chairman Bowen closed the public hearing. . . . . " Ms. Cole stated that in regards to the letter that was received from Mr. Tijerina, it was never stated that Mr. Tijerina is opposed to the expansion. It only states that Mr. Tijerina and Mr. Huggins cannot agree on a price for Mr. Tijerina's properties. Ms. Cole further stated that this is not in the Commissions realm or control. Ms. Cole also stated that she was not on the Board seven years ago, however, with the expansion of Loop 820 things have changed. The use of this land has changed. As far as piecemeal, Ms. Cole is not sure of the definition. Chairman Bowen stated that it is an individual decision on whether or not it is piecemeal. Mr. Laubacher stated that he was on the Board at the time this was denied. It was denied due to Mr. Huggins wanting to piecemeal this together. At that time Mr. Huggins only had one lot. The Board provided Mr. Huggins with specific instructions on what he would need to do to come before this Board again. Mr. Huggins has done that. Mr. Laubacher also stated that he sympathizes with the citizens of this neighborhood. When it comes to the value of a home, it is personal. At the same time, no one likes to have something move in right up to the backyard, especially commercial. However, whether the community likes it or not, 820 is expanding and it is going to have a dramatic change on a lot of areas throughout this city. This is something that residential and business owners are going to have to accept. Mr. Schopper stated that when the City amends the master plan, he would not be surprised, that the whole area south of Short Street will be looked at as a commercial area. When Loop 820 is widened, a strip of land along the north side will be taken, even to the point that it will affect City Hall. The exits and entrances are going to be different and the flow of traffic will be different. That is going to stimulate all kinds of commercial activity along that whole area. It is something that is out of this Board's control. The Board is trying to make the best possible decisions to keep the businesses going and to try and help them prepare. Huggins' building is too close to the street as is because of the way things have widened there already. That is functionally obsolete on a dealership. All the dealerships that are being built now are building back from the road because that is their selling area. This Board is letting market forces work. The residences want the City to get involved in order to force Mr. Huggins to buy their property. The Board cannot do that. This is a logical progression, which is what happens when you have 1 O-Iane freeways. Chairman Bowen agreed with Mr. Schopper and stated that he feels that this is not piecemeal. At some point this whole area is going to be commercial due to a 10 lane 820. The main issues are strictly price. The City is not going to get involved with that. Chairman Bowen continued that not everyone has issues of price. For some, it is about losing their homes. Chairman Bowen called for a motion. . . . . Chairman Bowen, seconded by Bill Schopper, motioned to approve PZ 2003-03. The motion carried unanimously (4-0). Chairman Bowen asked Mr. Green to advise the citizens as to when this case will go to council. Mr. Green stated that this case will go to City Council on April 14th. The signs will stay up and notices will go out to the same people. Mr. Laubacher explained his vote of approval. Mr. Laubacher stated that this Board asked Mr. Huggins to come back with three to four lots at a time which would be the only way this Board could consider his request. That is what Mr. Huggins has done, combined with the fact that this is the natural progression of expanding 820. . . . . NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS CITY COUNCIL CASE #: PZ 2003-03 4800,4801,4804,4805,4808,4809, & 4813 Susan Lee Drive Lots 9, 10, & 11, Block 4 and Lots 15, 16, 17, & 18 Block 5 Richland Terrace 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 Rivercrown Investments on behalf of the property owners to rezone the above properties from "R-2" Residential to "HC" Heavy Commercial for the purpose of expanding an existing, adjacent automobile dealership (Huggins Honda). This request has received a recommendation for approval from the Planning and Zoning Commission. Public HearinQ Schedule: Public Hearing Dates: CITY COUNCIL MONDAY, APRIL 14, 2003 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 Smooth Feed Sheets™ HUGGINS, GENE ETAL POBOX 18300 N RICHLAND HILLS TX .118-0000 LATHAM, JOHNNIE LANE 4824 SUSAN LEE LN FORT WORTH TX 76180-6848 LEE, WILLIAM W 4821 NANCY LN FORT WORTH TX 76180-6890 MERCER, JOHN D ETUX BETTY K 3828 LONDON LN FORT WORTH TX 76118-5227 HANES, CHARLES E 417 MEADOWLARK TRL SPRINGTOWN TX 76082-2153 &VIN, BILLY RAY ~à QUAILS PATH COLLEYVILE TX 76034-0000 GRAHAM, SONNY & L WILLEFORD 4805 NANCY LN FORT WORTH TX 76180-6890 RIVERCROWN INVESTMENTS LLC, 1403 PECOS DR SOUTH LAKE TX 76092-5918 RIVERCROWN INVESTMENTS, LLC 1403 PECOS DR SOUTH LAKE TX 76092-5918 RIVERCROWN INVESTMENTS .OX 982002 NORTH RICHLANO HILLS TX 76182-8002 .AVERY~ Adaress Laoets BURCIE, IGNACIO J 132 OAK LEAF DR FORT WORTH TX 76180-2505 HEDIGER, STEVEN R ETUX ELISA A 4825 SUSAN LEE LN FORT WORTH TX 76180-6849 TIJERINA, EDUVIGES 4821 SUSAN LEE LN FORT WORTH TX 76180-6849 ROACH, RICHARD & FANNETTE 4633 HILLSIDE DR FORT WORTH TX 76180-8109 MARTINEZ, CHARLIE 1501 FAIRMOUNT AVE FORT WORTH TX 76104-4235 WORTHEY, SHELlA B 4805 SUSAN LEE LN FORT WORTH TX 76180-6849 BRACKETT, JOHNNY ETUX PEARLENE 4800 NANCY LN FORT WORTH TX 76180-6888 BRAKE, ALICE M 7308 DEAVER DR NORTH RICH LAND HILLS TX 76180-6330 RIVERCROWN INVESTMENTS LLC, 1403 PECOS DR SOUTH LAKE TX 76092-5918 RIVERCROWN INVESTMENTS LLC, 1403 PECOS DR SOUTH LAKE TX 76092-5918 .-.-- .'-..-..- ~·-··_,-",<-,~".".,-,·.,."-_,,,,"C Use template for 5160® GATEWAY, 537 E PARK AVE TALLAHASSEE FL 32301-2524 JONES, DIANA SHELLY 4820 SUSAN LEE LN FORT WORTH TX 76180-6848 FOLEY, ANTHONY W ETUX MARCI 4816 SUSAN LEE LN FORT WORTH TX 76180-6848 TIJERINO, GILBERTO 4817 SUSAN LEE LN FORT WORTH TX 76180-6849 IMPACT FLOORS OF TEXAS LP, 4010 LAREUNION PKWY #13 DALLAS TX 75212-0000 BOCKMAN,ROBERTHENRY 4804 NANCY LN FORT WORTH TX 76180-6888 MADSACK, WILLIAM 4801 NANCY LN FORT WORTH TX 76180-6890 RIVERCROWN INVESTMENTS LLC 1403 PECOS DR SOUTH LAKE TX 76092-5918 HUDIBURG CHEVROLET L TO, PO BOX 820309 NORTH RICHLANO HILLS TX 76182-0309 RIVERCROWN INVESTMENTS LLC. PO BOX 982002 NORTH RICH LAND HILLS TX 76182-8002 _3se~ : :60'~ . . . . .. .....-. .... -".-" .~ .' -'. .-.".""'-- ',',,--,-- -..... i!'~' . CITY OF NORTIí RICHLAND HILLS PLANNING AND ZONING COMMISION CASE# PZ 2003-3 MY NAME IS GlLBERTO TIJERINA, I RESIDE AT 48147 SUSAN LEE LN. IN NORTH RlCHLANDIDlLS. I AM VERY MUCH OPPOSED IN THIS ZOING CHANGE. IN CHANGING THIS ZONIN YOU WILL ALLOW MR. HUGGIN TO PIECE MILL OUR NIEGBHOR HOOD AGAIN. YOU THE PLANNING AND ZOING CO.MÞ.1ISSION AND CITY COUNSEL AGREED THAT THIS WOULD NOT HAPPEN AGAIN, THAT MR RIGGIN WOULD HAVE TO PURCHASE ALL OF THE HOUSES ALL THE WAY DONE SHORT STREET. :MEMBERS IN THE CITY PLANNING AND ZOING CO.MÞ.1ISSION AS WELL AS :MEMBERS OF THE CITY COUNSEL TOOK AN OATH TO PROTECT AND DEFEND THE CITIZEN OF NORTH RICHLAND HILLS. IF YOU STOP MR. RIGGIN NOW. HE WILL BE FORCED IN BUYING OUR HOMES AT A FAIR MARKET PRlZE. MR. HUGGIN HAS APPROCH ME ABOUT SELLING MY HOIv1E. I LIKE MOST OF OUR NIEGHBORS ARE NOT OPPOSE IN SELLING. HE IS THE ONE NOT WANTING TO MEET OUR ASKING PRlZE. WE OWN TWO HOMES IN SIDE OF THE STREET, 4817 AN 4821 . I HAVE ASKED FOR $85,000. PER HOIv1E. I DON'T THINK I'M ASKING MORE THAN MARKET V ALOE PLUS RELOCATING EXPENSIVES, IF SO LET THE CITY GET A Iv1EDIA TOR AND SEE HOW MUCH MORE IT WIL COST MR. HUGGIN. ~L7 I / \h ..~~/r /. ~ ,..-oJ d1 / '¿;J- ./ \ ~3 - /:1 - ¿;3 ~, 2 . 4 6 8 10 12 14 16 18 20 22 24 .26 28 30 32 34 36 38 40 42 . ORDINANCE NO. 2699 ZONING CASE PZ 2003-03 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP AND OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 1.35 ACRE TRACT OF PROPERTY FROMR-2 (RESIDENTIAL) TO HC (HEAVY COMMERCIAL) ZONING; ESTABLISHING 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 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 the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, 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, 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 zoning map of the City of North Richland Hills are hereby amended by rezoning a 1.35-acre tract ofland more particularly described as Lots 9, 10 & 11, Block 4, Lots 15, 16, 17 & 18, Block 5, Richland Terrace Addition, from R2 Residential to HC Heavy Commercial zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Ordin ce No. 2699 Page f 2 w:\ eneral\OrdinanceS-Draft\Map Change.R2 to HC.2699 1 " " 2 . 4 6 8 10 12 14 16 18 20 22 24 .26 28 30 32 34 . 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. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED on this 14th day of April, 2003. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO CONTENT: Department Head ce No. 2699 f2 w:\ eneral\Ordinances-Draft\Map Change.R2 to HC.2699 2 c.~. _ _ . ___.~ - - "~A.....;..,-",*""",~_. _ .: .-'-" ~.--^.- - ~.~ ._-~ _~ ~_,,_,«. .~J CITY OF NORTH RICH LAND HILLS . Department: Planning & Inspections Department Council Meeting Date: 4/14/03 Subject: Public Hearina To Consider a Request from WWCP Agenda Number: PZ 2003-06 Properties Ltd. for the Approval of a Zoning Change from "AG" Agricultural to "R-2" Residential in the 7000 block of Eden Road (5.48 acres) - Ordinance No. 2700 Case Summary: The purpose of this rezoning is to prepare the site for residential development. The applicant is proposing to combine this site with adjacent property already zoned "R-2-1800" (north of site) for the purposes of developing a single family subdivision containing 37 lots (see attached zoning exhibit). However this request is for a straight "R2" Residential District which will require a minimum 2,000 sq. ft. residence. Plat Status: The applicant has not submitted a preliminary plat for review. Existing Land Use/Site Attributes: Portions of the site are characterized by a dense tree canopy and elevated topography from adjacent properties. Comprehensive Plan: The Comprehensive Plan indicates low density residential uses for this area. The proposed zoning/use is consistent with the Plan. Thoroughfare Plan: The site has frontage on along Eden Road. The Thoroughfare Plan designates Eden Road as a 4-lane, undivided, collector street with 68' of ROW. Adjacent Zoning/Land Use: North: "R-2-1800"! Large lot single family residences East: "AG" Agriculturall Single family residence South: "AG" Agriculturall Single family residences West: "AG" Agricultural! Single family residences Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget me>" _ ~ ~~~ Account Number Sufficient Funds Available Finance Director Department Head Signature ~~~~~~ ' City Manager Si ature ---.-/' PZ 2003-06 Eakman CC ·..--- CITY OF NORTH RICHLAND HILLS . Petition of Opposition: A petition of opposition was received on this request just prior to the Planning & Zoning Commission's public hearing. All those signing the petition are property owners of the existing adjacent residential subdivision south and west of this site. The petition is attached. Staff has reviewed the petition signatures and has determined that the petition is valid (contains the signatures of over 20% of the owners of land within 200') and will require a three-fourths Council vote to become effective or 6 affirmative votes. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on, March 20,2003, recommended approval of PZ 2003-06 by a vote of 4-0. RECOMMENDATION: To uphold Planning & Zoning Commission recommendation and approve PZ 2003- 06. Review Schedule: Application: 2/11/03 Final Hearing: 4/14/03 Total Review Time: 8 weeks 6 days . ~.\ t---""'t ~ I I µI - ~- rñi: ....- # I . r-- ~ - ~ .\.U. /i /-/~ :Y \'<'~I ':::'1 ~.. 'I ~ ~'. m·'~""Þ'. ...... ::)~:::53:'¡:'d-- ~ .~ t:~ ~ ) ~~~~~ V-' ~~';»' ,.... ~~~~:~ '~\~~":¡.,., i;J' ~ -u..w:tm_ ~ - -=~ 200' I-- -I-- Buffer I-- -I-- _ ......~ ~ - -f- to-- - -I-- - - < '--l- I-- -- to-- f-- r- - to--- ",' c>~' -~..' . ,~ ~-~~ ~ '. .~~. ..~~~~ _ ., 4 ~. '.~:¿~~~~ ~?~~~~~?~ H ~~ IJ I ~r I, I / I I i--- ~" f.!. -> -/' ~ ,~I.¿ 1·fL... N A ~,:;?1 \ I I ". ,> \ \ \ \ \:S"_\ I \ I \ I - ,riD I \\ -k 1 " \ f 1'1 I NRH PZ 2003-06 5.43 ACRE TRACT J. 8. EDENS SURVEY REZONING AG TO R-2 1- Prepared by Planning 03-07-03 ., . ,." ""..' :";';'':~--:';''':':''';:''~-':'":';-'~;;' "" '-'.... ~ . " ., "I '1 ~ v :::u ~ \~ c, .;~~,i1'f;'~.," ~ to-- .-- -,'1:f/t_ 1- r-- r-- -pc:;, I '-- \ - ~ \ "',. r J \ ~;~ It-- ~ )0- I w >- \'" .... 1£;,1 c. :¡:: ~ ~11 o 200 400 600 800 1000 1200 Feet . . . ....._,.~~._. .""'-, PZ 2003-06 PUBLIC HEARING TO CONSIDER A REQUEST FROM WWCP PROPERTIES LTD. FOR THE APPROVAL OF A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-2" RESIDENTIAL LOCATED IN THE 7000 BLOCK OF EDEN ROAD (5.48 ACRES) APPROVED The Zoning Administrator, Dave Green, summarized the case. This is a request to change the zoning of this tract of land from "AG" agricultural to "R-2" residential. The property is located in the 7000 Block of Eden Road. It is 5.48 acres in size. R-2 zoning requires a minimum 9000 sq. ft. lot and a minimum 2000 sq. ft. house. The applicant is present to answer any questions. Chairman Bowen opened the public hearing. The applicant, David Washington, 3905 Fossill Creek Boulevard, Fort Worth, Texas, came forward. The proposed zoning is R-2, which provides for a 9000 sq. ft. lot. The properties to the south and to the west are zoned R-3, providing for a minimum 7500 sq. ft. lot and 1600 sq. ft. houses. The property immediately to the north is currently zoned R-2. That property will be part of this proposed development. The proposed zoning is in accordance with the master plan use for this area. Darnell and Pat Cook, 7016 Michael, North Richland Hills, Texas came forward. Mr. Cook asked if the developer will utilize the existing ditch or will the developer put in a separate drainage ditch, and what size homes will be built there? Chairman Bowen responded that the minimum would be 2000 sq. ft. homes. He stated that the water is a platting issue. When the developer comes forward to plat, it will be reviewed by staff and will be built according to city ordinances. Chairman Bowen informed Mr. Cook that he can speak to staff at anytime regarding these issues. If this zoning change was to be approved, all the above issues would have to be addressed and approved by City staff before coming to this Board. Chairman Bowen asked for Mr. Laird to come forward. Chairman Bowen informed Mr. Laird that the petition has no bearing in this Commission, however it will be forwarded to the City Secretary and they will verify the petition. If it meets the requirements it would require super majority of the Council, which requires six votes. Danny Laird, 8649 Madison Drive, North Richland Hills, Texas, came forward. Mr. Laird moved into his residence in August of 1997 along with many other . __-"Lc".. . residents in the neighborhood, with the understanding that the surrounding property would stay undeveloped. Mr. Laird is concerned with the lot sizes, the size of the houses that will be built, the impact of the valuation of the neighborhood and drainage issues. Mr. Laird also questioned where the entrance of this subdivision would be, and whether there will only be one or multiple entrances. He also questioned if Eden would be widened to accommodate the extra flow of traffic and would Hightower be brought through to Eden? Mr. Laird also questioned what the rear setbacks would be and how close the new homes would be to the current neighborhood. Mr. Laird mentioned the Tree Ordinance in regards to replacing the trees that are taken down, however the trees do not have to be replaced in the subdivision. They can be placed anywhere. Mr. Laird also questioned utility issues. He would like to know if they will be extended or brought in from Eden. During the development of the current subdivision the transformers brought in were undersized causing problems with the current residence. Mr. Laird also complained that notices received did not reach everyone within the 200 feet requirement. . Chairman Bowen responded that in regard to the 200 feet notification, that City staff follows state ordinances. Dave Green added that the list is drawn from a computer of TAD listings. Also, Dave Green stated that state law provides three ways to notify people: 1) a sign is posted on the property site, 2) a notice is placed in the newspaper, and 3) notices sent by mail to all residents within 200 feet. Mr. Green stated if this case moves forward to City Council that City staff will doublecheck with TAD and make sure that staff has the most accurate information and addresses. Mr. Laird stated another concern would be the wildlife overrunning the neighborhood due to the development and construction. Chairman Bowen stated that many of the concerns are platting issues. The only issue that is being addressed tonight is the best use of this property. Chairman Bowen also mentioned that the applicant, the owner of this property, has the right to request whatever he wants in regards to the development of his property. The City cannot keep the applicant from developing his property. Chairman Bowen asked Dave Green to explain the Tree Ordinance. . Mr. Green stated the City does have a Tree Preservation Ordinance. He brought copies to hand out. There are trees that are protected trees, which has caliper inches per so many feet above the ground on the site. If it is not in the street, pad area or utility easement then they are protected trees. A developer cannot clear-cut the site. Any type of tree removal has to be done based on a tree preservation plan. The developer is trading caliper inches for caliper inches. Whatever protected tree comes out, however many caliper inches that is, the developer has to bring back that many caliper inches back into the site. Before anything can be done on this site, the developer has to prepare a tree . . . -. .. . , i,;,~. .::'"_,~-.,;2.. preservation plan. This includes logging the caliper inches for the trees on the site and show the staff which ones have to come out and then show the staff what is left and then show what portion of that will have to come out. Finally, the developer will have to show staff how it will be replaced. The developer does not have to replace all the trees on site. The City staff would like to see the developer replace as many as possible on site, however that is not always possible. In that case, the trees are replaced elsewhere with the Parks Departments discretion. Another way is for the developer to pay into a reforestation fund, which goes to the Parks Department. The difference is a mature tree will be taken out and replaced by three small trees. This will happen during the platting process. The developer cannot cut down trees or clear-cut until the developer has permission from the City Building Official. Chairman Bowen read a list of names from cards that are opposed to PZ 2003- 06, but did not wish to speak: Ruth and Don Fleming, David and Karen Reynolds, and Mary Adams. Rosemary Schember, 7012 Michael Drive, North Richland Hills, Texas, came forward. Mrs. Schember picked this piece of property because she was assured that nothing was going to be developed around her. Mrs. Schember questioned what would happen to all the dust and dirt that will be blown into her yard, the noise factor, and how long will the construction last? Chairman Bowen responded that there will not be any dust due to the practices that developers have to follow. Also, the City cannot guarantee the property will remain vacant forever, because the property owner has the right to develop it. According to the city master plan, this development fits. Gary Buckley, 8641 Madison, North Richland Hills, Texas, came forward. Mr. Buckley stated that he has the same gripes as everyone else. Also, Mr. Buckley stated that he was also informed that nothing would be built around them as well. Mr. Buckley also asked if there would be one entrance or multiple entrances? Mr. Buckley also stated that home sales are down and the economy itself is down. Why are there so many developments going up? Will the surrounding farms also be rezoned from Agricultural to R-2? Chairman Bowen stated that a plat has not been submitted, however, the concept has only one entrance off of Eden Road. A lot of developments these days, for security purposes, have only one entrance. Mr. Schopper stated that the area zoned AG does not mean it is being farmed. It is only a holding category for land where nothing yet is happening. Agricultural zoning for actual agricultural purposes ended about 10 years ago. . . . - Mr. Buckley asked if horses and cattle are allowed on property zoned AG? Mr. Schopper stated yes. Mr. Buckley also questioned if Hightower will be extended to Eden? Lance Barton, Assistant Director of Public Works, stated that the extension is on the Thoroughfare Plan. Chairman Bowen explained that the extension of Hightower mayor may not happen. The Thoroughfare Plan indicates what will be done in the interest of best flow of traffic. However, sometimes practicality does not allow that to happen. Chairman Bowen stated however, he could not state it either way. Mr. Buckley stated that again not everyone received a notice. He noted that the zoning change sign on Eden Drive could not be seen. He also questioned if the City was required to send everyone a notice. Chairman Bowen explained that it is state law that a notice has to go out to everyone within 200 feet. Mr. Schopper explained that a computer-generated map is generated by staff, with a list of names provided by TAD. That list of people is notified. He also stated that it is conceivable that everyone on the north side of Michael received something because they are within 200 feet, but the folks on the south side of Michael didn't. Mr. Buckley said that there were people on Madison and Michael that did not receive notices. Chairman Bowen stated that everyone on the north side of Madison and east of Michael should have received a letter. Chairman Bowen explained that TAD records may not be completely up-to-date. The notices go to the owners on record at TAD. Mr. Buckley asked if the other agricultural areas have been changed? Chairman Bowen stated that it is already zoned R-2. This request is continuous to the already existing R-2. Mr. Buckley asked why no one was notified of that change. Chairman Bowen explained that the property has been zoned R-2 for at least 10 years. D'Ann Mitcham, 8661 Madison, North Richland Hills, Texas, came fOlWard. Mrs. Mitcham asked about the large house that exists on the site. She wanted to know what the plans were for that house? Chairman Bowen stated the owner of that house at this time have no plans for it as far as the Board knows. James Miller, 7020 Michael, North Richland Hills, Texas, came fOlWard. Mr. Miller stated that he has concerns regarding the concrete flume that sits on his . . . .._~.._" property. Mr. Miller understands that water easements will be taken care by Planning & Zoning. Chairman Bowen stated that Lance Barton with Public Works would be responsible for that. Mr. Miller continued stating that the concrete flume is on his property, so the City cannot drain into his property. Mr. Barton stated that he would have to look at the particular circumstances of the property. Once the plans are in Mr. Barton stated that he would gladly sit down with Mr. Miller and go over it with him. The applicant, Mr. Washington came forward again. Mr. Washington stated how surprised he was at the number of people in opposition. The properties surrounding this property were looked at for the zoning and lot sizes. The current subdivision is zoned R-3 which provides for a minimum of 7500 sq. ft. lots. The lots being proposed run from 8000 sq. ft. to 14,500 sq. ft. The firm feels that the proposed development is very compatible with what already exists. The minimum square footage of the proposed homes will be 2000 sq. ft. Mr. Washington stated that the price of the homes are projected for $200,000 or more. Mr. Washington addressed the issue regarding drainage. There is an existing structure that comes from the street to the rear lot and there is a drop inlet. Drainage comes down from the north draining east, but there is no defined ditch. The firm has looked at the construction plans for this subdivision and the City always reviews the plans including the drainage. The firm plans to build onto the existing drainage. Mr. Washington addressed the issue regarding the trees. The developers will comply with the Tree Ordinance. Mr. Washington understands the value of trees. Lots are more valuable with trees. If the developer is required to plant trees, the developer will plant them on this property. The developer does not own any other land in North Richland Hills and it would not be cost effective to plant them anywhere but the property in question. The trees would be concentrated along Eden to enhance the entryway. The only entrance would be on Eden. Mr. Washington does not see any impact the traffic would have on the current subdivision. According to the City Master Plan, Eden is to be widened. The city ordinances require the developer to pay a portion of the cost of building Eden, or actually constructing the street. Mr. Washington addressed the building setbacks. The setback line on both streets are 20-ft. Mr. Washington also addressed the water. The water to this development would be by way of a water line in Eden or by tapping into an existing 24-inch water line that runs east and west through the property. Mr. Washington stated that in regard to the transformers not being large enough, the power company needs to be contacted. Mr. Washington also addressed the wildlife issue. He stated that if wildlife were to overrun the neighborhood, it would only be temporary, but he doesn't see that happening. Mr. Washington commented that he hopes he has addressed all questions and concerns. . . . Chairman Bowen closed the public hearing. Chairman Bowen stated that this request is in accordance with the master plan and believes it will not devalue the neighborhood , but, in fact, enhance it. Mr. Schopper commented on how impressed he was with how the developer addressed aI/ the different concerns, especially the drainage. The reason the flumes were built in the first place was because all that property was vacant. Now that it is all going to be tied into the storm sewage, there is no longer a need for the flumes. Mr. Schopper asked if the property owners can remove the flumes once it is all tied together. Lance Barton stated he did not know at this time. He would have to look at what Mr. Washington is proposing before he can answer that. Mr. Schopper stated that there is not a traffic concern either. All the traffic is going the other way. Mr. SChopper is empathetic and disappointed that someone represented to the neighborhood that trees were going to remain there forever. Mr. Laubacher stated that he is required to follow certain laws that are set forth by the state as well as by the City. Two years ago, the Board underwent an extensive process over an 18 month time period and looked at every piece of property in the City to make a determination of the best use for each piece of land. At this time the best use for this land is residential, which is no change from the master plan 10 years ago. The master plan is updated periodical/y. When the Board has a zoning issue come before it the master plan is followed and the master plan states that this area will be residential unless there is a dramatic reason as to why that doesn't fit. In this particular case it is residential that is being asked for and it is residential that surrounds this property. Ms. Cole stated that it disappoints her that this neighborhood was misled that the property would never be developed. However, a phone call could have clarified that information. Whenever a neighborhood backs up to a vacant lot, there is always a chance it will be developed. It would not be to the applicants benefit to take down trees that can be saved. Ms. Cole stated that the view will be changed, however, it is the best use for this property. Chairman Bowen called for a motion. James Laubacher, seconded by Bill Schopper, motioned to approve PZ 2003-06. The motion carried unanimously (4-0). Chairman Bowen asked Dave Green to let the citizens know when this will be going to council and to explain again the petition and the status of the petition. . Mr. Green stated that this request will go to City Council as a recommendation for approval, on April 14, 2003. Staff is required to give property owners within 200 feet 15 days notice of that meeting. Mr. Green asked for those who did not receive notice to call the City in order to make sure the City is notifying all of the appropriate people. Regarding the petition of opposition, it is not a petition that is considered at this body. The Board can consider it in the way that the Board makes a motion or how the Board thinks about something. It only comes into play when the petition goes to City Council. Staff will take the petition to City Council. A valid petition is signed by 20% of the owners of property, not 20% of the property owners within 200 feet. There is a state law that says that anytime there is a petition of opposition on a zoning case the City Council is required to have a super majority vote to approve the rezoning. . . . . . NOTICE OF PUBLIC HEARING CITY OF NORTH RIC'HLAND HILLS CITY COUNCIL CASE #: PZ 2003-06 WWCP Properties Ltd. 5.483 acre tract in the J.B. Edens Survey, Abstract No 499 a.k.a. 7000 block of Eden Road 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 WWCP Properties Ltd. to rezone the above tract from "AG" Agricultural to "R-2" Residential for the purpose of developing a single-family residential subdivision. This request has received a recommendation for approval from the Planning and Zoning Commission. Public Hearina Schedule: Public Hearing Dates: CITY COUNCIL MONDAY, APRIL 14,2003 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 Smooth Feed Sheets TM HOPE;ÐANIEL " ETUX DENISE A 7012 EDEN RD FORT WORTH TX ~180-3201 "'A THEW, V JOHN ETUX OMANA S 7037 MICHAEL DR FORT WORTH TX 76180-3663 SCHNIEDERS, C A III ETUX MISTY 7028 MICHAEL DR FORT WORTH TX 76180-3662 WILLIAMSON, BARBARA J 7024 MICHAEL DR FORT WORTH TX 76180-3662 JONES, ADIENE 7512 BURSEY RD FORT WORTH TX 76180-2201 .OK, CECIL 0 ETUX PATRICIA 7016 MICHAEL DR NORTH RICH LAND HILLS TX 76180-3662 LORENZ, FERNANDO ETUX JANET L 665 SHADOW MOUNTAIN DR PRESCOTT AZ 86301-5724 VICK, GREGORY T ETUX DIANE 8653 MADISON DR NORTH RICHLAND HILLS TX 76180-3670 BUCKLEY, GARY H ETUX LOIS A . MADISON DR T WORTH TX 76180-3670 rlAVERY'.v Address Labels MORRISON, TROY ETUX GAY LYNN 7013 EDEN RD FORT WORTH TX 76180-3202 HEFFERNAN, JIMMY ETUX KRISTINA 7032 MICHAEL DR NORTH RICHLAND HILLS TX 76180-3662 ASWAD, FRANK ETUX GRETCHEN R 7029 MICHAEL DR NORTH RICHLAND HILLS TX 76180-3663 PARRENT, MICHAEL R ETUX SANDRA 7025 MICHAEL DR NORTH RICHLAND HILLS TX 76180-3663 MILLER, JAMES W ETUX DANA R 7020 MICHAEL DR FORT WORTH TX 76180-3662 MCCRACKEN, DAIN M ETUX JAIME 7017 MICHAEL DR FORT WORTH TX 76180-3663 GILDEA, THOMAS L ETUX BARBARA 7008 MICHAEL DR FORT WORTH TX 76180-3662 REHDER, JOHN C ETUX DEBRA E 8661 MADISON DR FORT WORTH TX 76180-3670 LAIRD, DANNY C ETUX DARLA 0 8649 MADISON DR FORT WORTH TX 76180-3670 DEAN, JEFFREY L ETUX DEBORAH R 8637 MADISON DR NORTH RICHLAND HILLS TX 76180-3670 ----- ~""'----"""=-,,-""""'"-""""-- Use template for 5160® COOK, DENNIS J ETUX PATSY S 7036 MICHAEL DR NORTH RICH LAND HILLS TX 76180-3662 SIDHU, GURMEET S ETUX HARMOHIN 7033 MICHAEL DR FORT WORTH TX 76180-3663 ROBERSON, MARCUS H 7008 EDEN RD FORT WORTH TX 76180-3201 EAKMAN, BARBARA J 7005 EDEN RD FORT WORTH TX 76180-3202 ADAMS, MARY A 7021 MICHAEL DR FORT WORTH TX- 76180-3663 SCHEMBRA,ROSEMARY 7012 MICHAEL DR FORT WORTH TX 76180-3662 FLATT, JAMES R 7009 MICHAEL DR NORTH RICH LAND HILLS TX 76180-3663 FLEMING, RUTH E ETVIR DON R 8657 MADISON DR NORTH RICHLAND HILLS TX 76180-3670 ALFRIDO, FRANK ETUX ELEANOR 8645 MADISON DR FORT WORTH TX 76180-3670 WELTY. JACK W ETUX MADGE E 8633 MADISON DR NORTH RICHLAND HILLS TX 76180-3670 ;"aser 3160~ . . . Real Estate Display Page 1 of 1 Account Number: 06922597 Georeference: 40548-6-9 Property Location: 7005 Michael Dr, N RicWand Hills Owner Information: Arnold, Scott E Etux Shannon 7005 Michael Dr North RicWand Hills Tx 76180 2 Prior Owner{s) Legal Description: Stoney Ridge Addition Blk 6 Lot 9 http://www. tad. org/Datasearch/re. cfm? Account=%28%2E%21 %28CK%2D42I%40QL %0 03/24/2003 . . . Real Estate Display Page 1 of 1 Account Number: 06922600 Georeference: 40548-6-10 Property Location: 7001 Michael Dr, N Richland Hills Owner Information: Vo, Long 7001 Michael Dr North Richland Hills Tx 76180 2 Prior Owner(s) Legal Description: Stoney Ridge Addition Blk 6 Lot 10 http://www.tad.org/Datasearchlre.cfm? Account=%28%2E%21 %28CK%2D41 KPML %OA 03/24/2003 Real Estate Display Page 1 of 1 Account Number: 06921825 Georeference: 40548-3-17 . Property Location: 8625 Madison Dr, N Richland Hills Owner Information: Kunkel, Ralph K Etux Sharon 8625 Madison Dr Fort Worth Tx 76180 2 Prior Owner(s) Legal Description: Stoney Ridge Addition Blk 3 Lot 17 . . http://www.tad.orglDatasearchlre.cfm? Account=%28%2E%21 %28CK%2D8%3 FKOY%24 03/24/2003 . . . Real Estate Display Page 1 of 1 Account Number: 06921817 Georeference: 40548-3-16 Property Location: 8621 Madison Dr, N Richland Hills Owner Information: Soko1y, Steve Etux Leah 8621 Madison Dr North Richland Hills Tx 76180 2 Prior Owner(s) Legal Description: Stoney Ridge Addition Blk 3 Lot 16 http://www. tad. org/Datasearchlre. cfm ? Account=%28%2E%21 %28CK%2D8%3FK%40Q 03/24/2003 . . . Real Estate Display Page 1 of 1 Account Number: 06921833 Georeference: 40548-3-18 Property Location: 8629 Madison Dr, N Richland Hills Owner Information: Karsi, Ridvan Etux Mee Ly 8629 Madison Dr North Richland Hills Tx 76180 2 Prior Owner( s) Legal Description: Stoney Ridge Addition Blk 3 Lot 18 http://www. tad.org/Datasearchlre.cfm? Account=%28%2E%21 %28CK%2D8%3FK%20A 03/24/2003 N A NRH PZ 2003-06 5.483 ACRE TRACT REZONING AG TO R-2 22.7% OF 200' BUFFER IN OPPOSITION 2""" ......-... .......... .. '.".. -... . . . . . . . . . . ...., - ! In Opposition Within 200' In Opposition Outside 200' Buffer mTIIillJ" """ '-""\-'-\-'-"'. "'.""'."":. '-""'-""""'-, j¡i¡¡i¡1¡: J . . . MAR-20-2003 15:03 .........- -~ CITY OF KELLER 817 743 4195 P.01/03 DEVELOPMENT SERVICES DNISION P. O. Box 770 1100 Bear Creek Pkwy., Keller TX 76248 Phone: 817-743-4110 Fax: 817-743-4195 FAX COVER SHEET DATE: .3-2D-Ó3 FROM: UIfNN,/ LI'4JRD TO: PlANNING- Depn DAVE 6-tJee/\/) CO. I DEPT: /'I, R. ¡j,as FAX #: B I~- 1./£2:¡'!.J363 NO, OF PAGES: 3 Including Cover Sheet SUBJECT I COMMENTS: eAStE J:I íJ.z, :¿ðOS -IJ(P _ _ "ÍJI[ /JÞPI5¡rlol'l Lel/ER /s STRI(17¿Y,4 6,l/S'G é)V¡¡r¿i/"¡b"W of' eO/llt!ERN~ /IN]) '!JðeÚvr £N//~€l,.ý EX$pu,.$ /-IlL. t;uéS7ïtJlt/ ÓP¡NIOr(f ..¡. tLJN~i!.RN's , ~¡ 9£nr/otV ¿IS,"Í; IF it,q FffL. 77lis e/lf£ WILL. is£' TJr8l.€"D ~DI< ~f.¡JeRR17/)NJ·':·· ._ ~ QR to. ßc Pe-~CIIEf)ULEi) P¿éA~é ResPoND ~À /II'I #r ã¡:¡. - ~'3~- t¡lt¡~ 1I1JA/.. '1.:>. LAIRiJ ßý 3:1/> Pm 7ôDAY J~.2ô·()þ Sð We !J1RY N¡;711'Y ?eílr/ðlV£'( 5 IJ1ÓST n:'¿¿ /ØLL /1//-eA//) . -r~~ Please let us know if there are any problems with your receipt of this transmittãJ. . . MAR-20-2003 15:03 -':Y-c""--l.i:'-~:<'·'1,è:··,,"¡'r~; CITY OF KElLER 817 743 4195 P. 02/03 March 12, 2003 Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills TX 76180 RE: Case # PZ 2003-06 Please accept tlùs as a letter of opposition for the above referenced case #, a.k.a. 7000 block of Eden Road. The reasons for opposition are as follows: 1. The majority of homeowners moved into neighborhood between August, 1997 through January, 1998. The deciding factor for buying where we did was for the country-like setting that our builder, DR HortonIDiamond Homes, told us would not be developed. Some homeowners, such as myself, paid additional lot premiums for this setting along Madison and Michael. 2. Construction will drive various types or Iodents, such as mice and rats, along with opossums and skunks, into our neighborhood during development. 3. There will be a major loss of mature oak trees because of development. What is the City's tree ordinance and may we have copies? 4. The existing concrete flumes along Madison and Michael don't handle drainage now; what is the City's proposed plan for these and future drainage issues? What is the City's drainage po1icy? 80-20 Rule? Currently, the effected areas are 8621-8625 8w:zQ I"~t'/ 51- "1/1 m þIJ ISÓ.A/ 16ðIl11"-~.I(, I ~ÖI .:2 h11{!.1fr1/;"l- D¡e/ll'G 5. The increase oftraftic within and sur.rounaing the neigli orhooà. 6. Because of the minimal space for development, it appears that the lots would be substantially smaller than the surrounding properties, therefore decreasing the property value of the existing homes in the already developed neighborhood. There are several questions about future development plans of this proposed area: 1. Are there any future plans to bring Hightower through to Eden and if so, what is the t1meframe? - - 2. Axe there any future plans to widen Eden to accept additional traffic? 3. How many lots are proposed to be deveIoped? 4. What will be the proposed lot sizes / square footage oflots? 5. What will be the minimum square footage ofhornes? 6. What will be the proposed entry access? Will there be one or more entrances? What is the proposed plan for accomplishing this? 7. Will additional electrical utilities be established or will existing service Jines be" extended? The existing utilities along Madison and Michael are not adequate at this time. F'1ßt.;1R' (,,-Þv ~.q..¡v5~ t:l/'Y1 GJ'ð Sincerely, . Danny C. Laird 8649 Madison Dr. MAR-2Ø-2ØØ3 15: 03 CITY OF KElLER CASE # PZ 2003-06 700 Block of Eden Road 5.483 Acre tract in the ] B Edens Survey, Abstract # 499 HOMEOWNER OPPOSITION PETITION UST Address I Phone ## Signature ?t, Q) /YkJ,'!;o,., &. PJì·tf.)r-.r?~"1 d1izA? .,J~~ 'f1:.2I1-J.7,'f - A L._~ 1'1141 p?o.d,S()'Lij/l. _ ,,-<,~ .....~ ði (7 J?}¿:; þçlJH J'J?,qS"'O~f 9~ I)) /l..- Y(P~ ~4J~*~ ~ ~ 7ð/~ ~¥r-(;fIY -fJ~ 'r.-'\ Q ,.J () ~ u...~. l 'l...J^-, _. .. ., . Name 1. .5+':,.:.'!!''''' P S;/...· ~ 2.fla/lIf ~ L4/s &c~ 3. ..J...!1J.: r= w.. Dr; IZ !S J ~ Dt r,ç¡.;I ~ 4. 5. 7. . 8. ..l-:.--~ 'r-\e..~~~:'I:.."";>~ 9. '111 a.,u,,).. û....d /hna" (j 1O.~~Jc. JA-cI- ~('?",:-) ( Cook 11. .iu..~".J Gcµ-zf!'t.. P,,? 12"£If.~~K A!,,{R.':J.~ 13. ~ L ßr:fkr E \0CèLJYÎ1 14.þ;Ç¿)¿j) /l ;''I"..,drJ ¿,.¡) S 15.}):Ä n... M~+c..~o..-. - 16. 11 D v"PrrJ J'..Çttrl 17. fl-A1 N Ë vJ&.-t\I lS.J)n R~1' 19. D)!}NMj LI4 íe)) 20. 21. 22. 23. 24. .?- -~. 71 (J () ~lC.wAli... "E.!---' j03z- -i:~~__,,- ~1l.. 7Ó2./~-~ 7p/(,p 1Á1(..6A-E! ~G 4 D ~ 14 ~?51 cc..... ¡/¿,r.r ;t71146.; S "..J r? ~3' 1ŸJ¡J{J,50A) . &"d, ~ """4,.,/1 S ...:;,...! ~ hl,. I M a ~ .. SO" ÏY; \I e AI K * , :;629 ;f!1J.LìJI! Dr Alttir ~'33 ~1~àNM<H ith7 Ai~ (). ¡V/4f é6fr 7J1A/:>IS()lV O~ . --" - -. -"'·~,'·;_:~~.u~'~:~~1i7~:~~~~ 817 ;'743 4195 . -"P.æ...1D)~f --..,.."'. - -,- 2 . 4 6 8 10 12 14 16 18 20 22 24 .26 28 30 32 34 36 38 40 42 ORDINANCE NO. 2700 ZONING CASE PZ 2003-06 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP AND OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 5.48 ACRE TRACf OF PROPERTY FROM AG (AGRICULTURAL) TO R-2 (RESIDENTIAL) ZONING; ESTABLISHING 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 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 the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, 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, 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 zoning map of the City of North Richland Hills are hereby amended by rezoning a 5.48 acre tract ofland located in the 7000 Block of Eden Road and described on Exhibit "A" hereto, from AG Agricultural to R-2 Residential zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. . Ordin ce No. 2700 Page f2 w:\ eneral\Ordinances-Draft\Map Change.Rezone.AG to R2.2700 I 2 . 4 6 8 10 12 14 16 18 20 22 24 .26 28 30 32 34 . 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. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED on this 14th day of April, 2003. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO CONTENT: Department Head Ordin ce No. 2700 Page f 2 w:\ eneral\Ordinances-Draft\Map Change.Rezone.AG to R2.2700 2 . . . ZONING METES & BOUNDS BEING oil that certain tract of land located in the J.B. EDENS SURVEY, Abstract No. 499, Tarrant Count ,y, Texas, and more porticulorl .y described as follows; BEGINNING at a Y2 inch steel rod found in the southeosterl e ,y com r of of Stoney Ridge Addition as recorded in Cabinet A, Slide 3161 of said deed records; Thence N 00 degrees OB minutes 31 seconds W, JBJ.38 feet along the east boundor ,y line of said Stoney Ridge Addition to a point, Thence N 89 degrees 17 minutes 58 seconds E, B87.79 feet along the south line of Troy Morrison Tract 4C and the north line of said Barbara Eckman Tract 4 and Tract 4F to a point; Said point being in the West Right of Way of Eden Rood. Said point also being on the East line of said Barbara Eckman tract; Thence S 00 degrees 44 minutes 51 seconds E, 43.83 feet along the West Right of Way of Eden Rood and along the East line of said Barbara Eckman tract to 0 point, Thence S 89 degrees 14 minutes 34 seconds W, leaving the West Right of Way of Eden Rood and the East line of said Barbara Eckman tract, 308.23 feet to a point, Thence S 00 degrees 08 minutes 31 seconds E, J49.41 feet to a point; Thence N 89'41'47"W 580.02 feet along the north property line of said Stoney Ridge Addition and the South line of Barbara J. Eckman Tract 4 and Tract 4F as recorded in Volume 6J27, Page 428 of said deed records to the POINT OF BEGINNING, and containing 5.48J acres of land (238,858 square feet), more or less. I EXHIBIT \' A" . CITY OF NORTH RICHLAND HILLS . Department: Planning & Inspections Department Council Meeting Date: 4/14/03 Subject: Public Hearina To Consider an ADDeal from Jeff McKinnev Agenda Number: PZ 2002-23 For the Approval of a Zoning Change from "C-1" Commercial to "R-4-D" Duplex at 8023 Starnes Road (3.92 acres) - Ordinance No. 2697 (Denied by the Planning and Zoning Commission at their February 20, 2003 meeting). Case Summary: The applicant is proposing a duplex development for the site. Last year the applicant submitted a request to rezone this site from "C-1" Commercial to "R-6-T" Townhouse. However, at the Commission Public Hearing on September 26, 2002, the applicant verbally withdrew this request (prior to opening the hearing) and indicated that he would rather apply for "R-4-D" Duplex instead. However, only in January of this year did the applicant submit a letter formally requesting that the zoning change be revised for duplexes rather than townhouses. Existing Land Use/Site Attributes: The site is vacant with a large stand of trees along the Starnes Road frontage. The site is located in the Little Bear Creek Watershed. A small tributary of the creek parallels the northern boundary of the site. . Comprehensive Plan: The Comprehensive Plan indicates PubliC/Semi-public uses for this site. At the time that the current Plan was being revised (2000-2001) this site was owned by the Northeast Tarrant Baptist Church and a church facility was planned for the future, hence the current designation. NET Church has now re-Iocated to a site on Smithfield Road (ref. PZ 2002-10 site plan). A rezoning of this site from commercial to medium-density residential does offer a transition in the intensity of land uses between the former Winn Dixie site and the low-density, detached, single family residences to the west. A number of nearby residents were in attendance at last year's Commission meeting concerning the applicant's townhouse request. The majority of these citizens voiced concerns regarding either townhouse or duplex development on this site. Because of this, staff would recommend that the applicant consider a PO Planned Development for this site. A Planned Development would require the applicant to provide detailed information concerning among other things; the number of Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget 000>" _ # ~J2~ Department Head Signature Account Number Sufficient Funds Available Finance Director ~~~ City Manager Si ature PZ 2002-23 Starnes Duolexes CC ·...-~,-..,.,~:---..--~:..:..--..."~;--~.;_;.;..........::.,.¡.;.___~..--'-''''':;,...a~~.'''' CITY OF NORTH RICH LAND HILLS . duplexes (density), configuration of lots, proposed access, building elevations, building materials/design . . . etc. Thoroughfare Plan: The site fronts onto Starnes Road a C2U (two-lane, undivided collector street) with 60' of ROW. Adjacent Zoning/Land Use: North: Vacant (drainage way)/C-1 Commercial East: Vacant commercial building (Winn Dixie)/C-1 Commercial South: R-2/Single family detached residences West: R-2/Single family detached residences Although a large number of citizens were present at the Commission's public hearing to speak in opposition to this request, only one letter of opposition has been submitted (attached). No petition of opposition has been submitted on this request at the time of writing of this staff report. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on, February 20, 2003, recommended denial of PZ 2002-23 by a vote of 6-1. RECOMMENDATION: To uphold Planning & Zoning Commission recommendation and encourage the applicant to resubmit the request as a PD Planned Development. Review Schedule: Application: 1/27/03 Final Hearing: 4/14/03 Total Review Time: 11 weeks* * The applicant's request was denied by the Planning and Zoning Commission on February 20th. In his appeal to the Commission's recommendation, the applicant requested that his appeal go to the first Council meeting in April rather than March. This caused a 4 week delay in processing the applicant's request. ~ T\ - ~ f-- - f-- ~ - I--- - I--- ~ ~ I - f.--- -~ - I-- ~ 16 117 "Ii' ri\, "- 743 ~1~6:~ 4 --174 741 4 74 - ~1 40 - 4 74 4 40 - ~ 1 T I I 200' )~ Buffer I--- 7513 7512 1--- 7 10 - w 7~nA - --- ---- - 7501 7501 I ~ ~ ~I \j --- - - I----- 37 88 ~ 2 u:: - - 3 >--- - ~ _8* '--- f----- I-- ~ I-- f- -I-- - _f-- __ _f-- L/1 __ == I 1·1./- -I~ \ f-- f-- N A NRH PZ 2002-23 8203 Starnes Rd. Prepared by Kellie Smith/Planning Dept. 9/12/02 o 200 400 Feet I I FEB-26-2003 11:41A FROM: TO:B1742763Ø3 P:1 · JEFF MCKINNEY .......................................................................·..·..··........··..···.......··.....·..............................11.........,...,....................,.............................................................. 7428 Hightower Dr. North Ricbland Hills, Texas 76180 Phone (817) 808-0609 Fax (817) 605-0373 j.mckinney@cbarter.net February 26, 2003 Dear Dave GreeD, I would like to appeal my mning request for 1023 Starnes R.d. to the City Council. Please note tbat I win not be able to attend the March meeting, the April meeting wi)) be fine. Sincerely, Jeff McKinney · · · · · PZ 2002-23 PUBLIC HEARING TO CONSIDER A REQUEST FROM JEFF McKINNEY FOR THE APPROVAL OF A ZONING CHANGE FROM "C-1" COMMERCIAL TO "R-4-D" DUPLEX LOCATED AT 8023 STARNES ROAD (3.92 ACRES). DENIED Zoning Administrator Dave Green summarized the case. The applicant came forward last year with a request for townhouses, but he was also considering doing duplexes. The applicant withdrew the request for townhouses and is now bringing forward a request for duplexes. The applicant is requesting a rezone from "C-1" Commercial to "R-4-D" Duplex. The site is located off Davis Boulevard behind the closed Winn Dixie store site and beside a residential area. A fire station is located nearby. Northeast Tarrant Baptist Church originally intended to build a church facility on this location. The Comprehensive Plan reflects that intention and calls for public or semi-public use. Staff has no comment as to whether or not this fits with the Comprehensive Plan. What is being proposed is up to this Commission to decide whether it is proper for this location. Based on planning principals, it does fit in terms of a step down in intensity before reaching the adjacent single-family area. The only other comment that staff has is that the applicant has not submitted a street or lot pattern, or how many duplexes would be placed on the site. That information will take place later at the platting stage. The Commission members have a letter that was received when this case came up previously. Another letter was received this afternoon that was handed out during the pre-session. Both are concerns from individuals in the adjacent subdivision. Mr. Laubacher asked if there are any plans for the Winn Dixie property. Mr. Green answered that he did not know of any. Nothing has been introduced to the Planning Department. Mr. Laubacher asked about the property to the north. Mr. Green responded that there was an inquiry by phone from an individual interested in a residential use. Mr. Green stated that he did not personally take the call, but was aware of it. There has not been further contact from the individual. The applicant, Jeff McKinney, 7428 Hightower, stated that he is trying to mimic what Hurst has done on Mountain View. He explained that they have duplexes that separate a residential neighborhood to the north and at the south end of the street is a retail strip center. He stated that he intends to build approximately 12 duplexes. Mr. Horton (Travis Horton & Associates, a real estate appraiser and consultant) did a study and determined that the "C-1" zoned vacant property is devaluing the residential property next to it at this time. The study indicates that a duplex development will not further devalue the adjacent residential property. · · · Ms. Cole asked if the duplexes will be single story with two-car garages. Mr. McKinney responded that he plans to build 100% brick, single story duplexes with two-car garages. He stated that he could go rear entry or front entry. He has three bedroom, two bath, and two-car garage plans. Ms. Cole asked if he had any idea on the roof pitch. Mr. McKinney stated that he did not. Mr. Davis asked if Mr. McKinney had the planned square footage of each unit? Mr. McKinney stated that he did not. He guessed that it would be anywhere from 1350 to 1550 sq. ft. per site. Mr. Davis inquired as to the existing zoning requirements for a duplex minimum. Mr. Green responded it would be a 3500 sq. ft. lot. Chairman Bowen added that he believed the minimum to be 1100 sq. ft. per side. Mr. Davis asked Mr. McKinney if he was willing to commit to a square footage minimum tonight. Mr. McKinney indicated he would. Mr. Davis explained that he believes that the main thing the neighbors are concerned about is how the duplexes are going to look. Are they going to look like residential homes? Are they 3000 sq. ft. with just a dividing wall? That is fairly larger than some of the houses to the west. Mr. Davis suggested that the neighbors are looking for whether or not the duplexes are going to enhance the neighborhood. He suggested that the applicant give the neighbors and this Commission some assurance or he would be fighting an uphill battle. Mr. McKinney responded that he does not have a problem stating that he will put a minimum of 1350 sq. ft. per side. Mr. Lewis commented that if rezoning to R-4-D, the applicant would have to design his duplexes within those limits. He stated that if it is a PO, then this Commission, and the neighbors too, would have an opportunity to look at it before it occurs. He asked if the applicant is willing to consider a planned development. Mr. McKinney explained that with a planned development he has to spend a lot of money up front and then still take the chance of getting turned down. He stated that he would rather know now and then come back with plans and let this Commission approve the plat. Mr. Lewis asked Mr. Green for verification of plat approval if R-4-D is approved. Mr. Green stated it would be considered later along the same guidelines as every other plat. · Mr. Schopper commented that he is not in favor of zoning this for duplexes. He hypothesized that if the applicant decided he did not want to meet the criteria set out for the development, he could sell it to another duplex developer and the process would start over again. He suggested a planned development. Mr. Davis commented that house size controls the value and that 1100 sq. ft. is too small. He suggested 1400 sq. ft. He asked if a minimum square footage could be designated. Chairman Bowen stated that he did not think the Commission could do that, although a recommendation could be made to the Council. Mr. Green added that he has some reservations about that. He would want an opinion from the City Attorney. Mr. Green believes that conditional zoning is not permissible thus a conditional stipulation could not be added. Mr. Davis stated that as a recommending body on zoning his goal is to make the homeowners feel more comfortable. The square footage is what concerns the neighbors. If this body cannot recommend that it be approved with a minimum of some square footage, then the recommendation should be for denial. · Mr. Nehring asked if a minimum square footage would apply to a new owner if the current owner sold it? Mr. Davis stated that the zoning would stay with the property. Chairman Bowen reminded the Commissioners that they are a recommending body and minimum square footage cannot be made a stipulation. Mr. Laubacher mentioned an example of down zoning. Mr. Green suggested that what Mr. Laubacher was eluding to is the ability to change in one direction, but not the other direction, at a public meeting. Generally speaking, that can be done when going to a less intense district. It would not be possible to go in the opposite direction because that would be more intense than what was advertised. Last year, the Ember Oaks Estates subdivision came before the P&Z Commission with a request for R-3 and there were concems about the minimum house size. That case was forwarded to the City Council and Council stopped it. In this case, because of the opinion of the adjacent neighborhood, staff would rather see a PO or R-3 lots with R-2 size houses on it. There is still room to maneuver between here and Council. Mr. Green also clarified that the minimum size allowable for duplexes is 1200 sq. ft. Mr. Davis remarked that 1200 per side would be a 2400 sq. ft. home. He stated that he did not believe the neighbors want a shopping center behind them with truck traffic and dumpsters. However, the applicant is asking for a free reign whereas the neighbors and Mr. Davis are asking for some commitments. Mr. Davis stated that he feels a recommendation of a square footage size can be given to Council. · . . . Mr. McKinney responded that he has no problem committing to a minimum square footage. He stated that one concern that many people had is they did not want two-story buildings. Once you get into 1500 sq. ft. per side there is the potential of having to go up depending on how the lot sits. Mr. Davis responded that the applicant has the potential of needing a bigger lot. Mr. Lewis commented that this is where planned development might come in handy. There could be single story along the fence line and two story configurations on the opposite side. Mr. Davis added that two story would be better because it would block the Winn Dixie. Mr. Lewis further stated that the applicant wants to be assured that he is not wasting his time. Mr. Lewis does not have a problem with duplexes being allowed there, but he would like to see it as a planned development so the residents can be assured that it will have quality, particularly on the fence side for the adjacent property owners. Chairman Bowen opened the public hearing. The following were in favor, but did not wish to speak: Thomas Blessing, 6963 Lowery Lane, Rick Figueroa, 8800 Kirk Lane, Laverne Howard, 6721 Fair Meadows, and Paula Howard, 6736 Fair Meadows. The Chairman announced that a letter was received from Tim and Elisa Darnell. He explained that it states that they encourage the Commission to maintain its commitment to single family residences in this case. Jeff Holden, 8312 Juniper Drive, stated that he considers duplexes to be an eyesore and that they usually end up being rental property. He stated that there are already several rental homes in the neighborhood and he believes that most of the rental homes have created, and continue to create, problems for the neighborhood. He gave specific examples and expressed his displeasure with the response he has received from the City of North Richland Hills in trying to resolve these problems. He believes the City has ignored the problems in the neighborhood and that if duplexes are built there will be additional problems that will be ignored by the City. He further suggested that there is a shantytown along Davis Boulevard. He stated that graffiti is showing up on the empty Winn Dixie building and that trucks are starting to use it for overnight parking. The Chairman asked Mr. Holden to get back to the property in question. Mr. Holden stated that he believes duplexes would further devalue his property. He would like to see single-family residences. He stated that one of the City . Council goals, listed on the website, is security. If anything other than single family residences are allowed, he believes the neighborhood will lose what little security they have and that crime will increase in the neighborhood. Aaron Reale, 8204 Starnes Road, lives directly across the street from this property. He stated that he has many of the same concerns as Mr. Holden. He stated that most of the houses that back up to this property are around 1600 sq. ft. with an appraisal of about $100,000. He has about 2300 sq. ft. and the people on both sides of him are similar. They both have swimming pools. His tax appraisal was $139,000 last year. He believes the City might have an opportunity to make this a win-win situation by purchasing the property and developing a park or a small library. Mr. Reale stated that the applicant has bought a piece of property that he can't do anything with, but Mr. Reale does not want the applicant's bad investment to adversely affect the property value of Mr. Reale's home. . Allan Fitzwater, 7409 Forrest Lane, stated that his property value has gone up every year since he moved into the house in 1998. He stated that there have been about three or four houses sold on his street at $110,000. He believes one sold about a year ago at $125,000. He does not believe his property value has decreased since the Winn Dixie moved out, but he stated that it does not help having the grocery store empty. With 12 duplexes coming in, that means 24 families, and with only 1200 sq. ft. per side, those are small units. He would prefer to see single-family dwellings. He suggests 12 homes instead of 12 duplexes. He stated that he would really like to see a nice, quiet, doctors office go in there or single-family residences. . Penny Sherley, 7404 Forrest Lane, stated that her property directly backs up to the vacant piece of property owned by Mr. McKinney. She is an underwriting manager in the mortgage business and she looks at appraisals everyday in the North Richland Hills area. She is familiar with appraisal values and what situations cause a derogatory in an area. She stated that one of the things that attracted her to her home is that her house directly backs up to a lot of trees that buffer the vacant lot from Starnes. In the summertime she can sit out on her porch at night and it is quiet. If trees are removed, the aesthetics of the neighborhood will change. She stated that the whole North Richland Hills area is being built up at $200,000 and up. Her property values are increasing. Currently her home is worth $135,000. She paid $104,000 for it in 1997. She stated that if the buffer is taken away and duplexes are built, her neighborhood will lose homebuyers. The duplexes on the other side of Davis on the corner of Rumfield have been in foreclosure and HUD notices have been issued. Duplexes are typically rental property and rental property means potential burglaries in the area. Only investors buy rental property. They buy duplexes and they buy town homes because they are like apartments and that is what turns over. In the current zoning of C-1 Commercial it is going to take a select type of business or church to build on this lot. They are less likely to dispose of the trees and it will only be one-story. If that happened, she would not have to lose her privacy. She · asked that the petition for Mr. McKinney be denied. Jack Vise, 7420 Forrest Lane, stated that he lives directly against the property in question. He stated that his neighbors have covered everything, but he would like to point out one thing. He went onto the North Richland Hills website and pulled off the goals and values of the City Council. He assumes that every other department in the City supports these goals and values. One item that caught his eye was protection of home value and ownership, and below that, protect and maintain property values. Back to the top again it says community pride and identity, increase our image unto others and ourselves outside the community. He stated that he completely supports that as a member of the North Richland Hills community. He feels that duplexes devalue property value. Something commercial that operates during the day when they are all at work is not going to matter to them. He believes there is plenty of room for single-family residences even if it is on a cul-de-sac type situation. He is opposed. · Tami Gieder, 7428 Forrest Lane, stated that when she purchased her house in 1999, she did not buy in a particular neighborhood over on Holiday Lane because there were duplexes in the neighborhood. She said they were nice duplexes and they fit in with the homes that were over there, but they didn't buy because they were rental properties. She stated that statistics show that sex offenders live in rental properties; people who commit crimes live in rental properties. She has two small children and she does not want to live backed up to a duplex. She would rather look at the empty field and empty Winn Dixie. She hopes the Commission does not approve this request. Joe Gieder, 7428 Forrest Lane, stated that in 1979 he lived about 8 blocks away from the current house he lives in. He is proud of the City. He and his wife lived in Euless, but came back to North Richland Hills for the family feel available here. He feels they are not getting the right deal. He believes the right deal is putting houses in there. Carlos Garcia, 7336 Timberidge Drive, stated that like everyone else here, he is worried about the value on his house. He has been living there for 7 years. The people across the street rent and do not take care of their yard. He said that he works hard on his yard to make it look nice. He does not want this case to be approved. · Tammie Hussey, 7328 Timberidge Drive, stated that every evening she sits in the front yard. All of the neighborhood kids play with her children. She has a perfect view of that property. She was excited about the church coming in and extremely disappointed when that fell through. She works for a civil engineering firm, and is familiar with the process. She is surprised that Mr. McKinney was not better prepared for this evening. She is concerned that he is not sharing some information. She stated that in her opinion he wants to get this passed without · giving the Commission and neighbors what he knows. She would not buy property without knowing minimums and maximums up front, especially not a commercial deal. She believes the fire station is about to go empty too. She went to Smithfield Elementary and this area has always been her home. She wants to stay there. Day Spring Day Care went right up against her property 30 days after she bought it. They completely cleared that property. She asked the Commission, "please don't let this happen again." Janie Jackson, 7324 Timberidge Drive, stated that she has been in her home for 20 years and has seen a lot of changes. She loves the idea of a park and wonders if there is any way that idea could be implemented. She stated, "I beg you not do this." Orville Crow, 7432 Forrest Lane, stated that his property backs up to the vacancy. He said that it is an ideal situation for a park. He does not want to be ducking bullets, and people fighting and screaming in the middle of the night. He has lived around duplexes before and that is the atmosphere. He is very much against it. If the applicant wants to build a 12-foot brick wall around that property with a gated area, Mr. Crow would support that idea, but he realizes that wouldn't be feasible. However, he also cannot afford to take a beating because of this situation. Addressing Mr. SChopper, he stated that he believes Mr. Schopper lives in the neighborhood. He very strongly encourages Mr. Schopper to vote against this. · The Chairman read from the remaining cards stating that they were against this matter: James Henson, 7441 Timberhill Drive, Susan Fitzwater, 7409 Forrest Lane, and Martha Bertram of 7400 Forrest Lane. He explained that the Commission members have a letter in opposition from the Bertram's in their packets. The Chairman called for any others who wished to speak. James Henson, 7441 Timberhill Drive stated that he is opposed to duplexes because of the duplexes on Davis Boulevard. He stated that they really don't look that bad from the street, but he drove behind them and they are not attractive back there. The applicant, Mr. McKinney, returned to the podium to comment that everyone is comparing his project to the duplexes on Davis. He agrees that those are not the prettiest duplexes. He stated that the difference is how much those rent for versus his selling price. In his proposed project, people will be paying $1,100 or $1,200 a month per unit. It will be a mortgage payment. Typically, those people will take care of their property. Right now on C-1 Commercial, the only thing that can be built there is a retail center. He would rather have duplexes than a retail strip center. · · · · Chairman Bowen closed the public hearing. Ms. Cole asked for a recess. Chairman Bowen called for a 5-minute recess. After the recess, the Chairman called the meeting back into session and called for comments from the Commission members. Mr. Schopper stated that he lived in a neighborhood off Timerhill for 17 years before moving to his current home. He stated that he still owns houses in that area. He keeps the houses very nice, immaculate, security system, and the whole nine yards. The applicant believes he will get $1,100 or $1,200 a month on a duplex. Mr. Schopper stated that he has 1500 sq. ft. homes in that area and the most he can get is $1,050 and that includes paying the security alarm. He explained to the applicant that the numbers may not work out the way he wants. Typically when you buy a piece of property like this, the sale is subject to the zoning being approved. Mr. Schopper stated that what really concerns him is the empty Winn Dixie. Taking this parcel of land behind the Winn Dixie really lessens the flexibility of marketing the Winn Dixie site. Some of the users that would buy are not going to be regular supermarkets. They might need the additional lot parcels. Even the old Food Lion on Rufe Snow just sold and nobody ever thought anyone would do anything with that. There are folks working diligently trying to get that done. Getting scared and down zoning this property from commercial to residential is just not appropriate. Right now there is just a temporary dip in the road. Mr. Schopper stated that he would like to say to the neighbors that he knows all about the aesthetics and trees, but that's not really something that the Commission can do anything about. He stated that he was heartbroken when they put the ChevronlMcDonalds up and cut down all those trees. Whoever owns that property has the right to do stuff with that property. It is their dirt. If they need to cut down the trees, all the City can do is make them put the trees back as part of a plan. The City has the most control over a commercial development, because when those guys come in and cut down all the trees, the City can make them put them back. This needs to be left commercial. It will develop out and something else will go in that Winn Dixie and will all be a part of a development there. Duplexes are not appropriate at this time. The numbers just don't work. Ms. Cole stated that the current zoning is commercial. The neighbors keep talking about the trees and the vacant land and that it's wonderful to look at. They are gambling everyday that a commercial doesn't pop up behind there and take away those trees and that vacant land. They would prefer to back up to the vacant land and single family. They don't want to back up to duplexes, but want to put single family there. It is emotional when it is your property. Ms. Cole stated that she was involved in a subdivision in North Richland Hills that got into the same heated debate for years over a park going in behind them. In that case, they didn't like the kind of park. She recommended that the neighbors not think of the Davis Boulevard duplexes as typical duplexes because they are not. · · · She is not saying that she is for this. She stated that she is asking the neighbors to get a little less emotional and think about it. With the Mountain View duplexes and some of the other ones, just half of each duplex will sell for more than the neighbor's entire house. She stated that these are not going to be $50,000 or $60,000 duplexes. These are three bedrooms, two baths, and two-car garage duplexes. The applicant is not going to be able to do it at 1200 square feet. It is going to have to be larger. There is a high demand for owner/occupant duplexes. There is nothing to keep those from going to rental, just as there is nothing to keep the guy next door from going rental. There is no control over single family or duplex from being owner/occupant or not. Based on history in northeast Tarrant County in these types of duplexes, again the PO would help to have a little more control, value is not going to go down. Mr. Schopper and Ms. Cole exchanged comments regarding duplexes, and then the Chairman yielded the floor to Mr. Nehring. Mr. Nehring stated that as far as he was concerned the duplexes are not the best use of the property at this time. He understands that the current zoning is C-1 and some type of commercial development could go in there, but he is not sure when or if that would happen. It could also be neighborhood services, which would be doctors, dental or something like that. At this time, he cannot see that this is the right use for this property even though it is commercial. He stated that he would vote against it. Mr. Lewis commented that he is leaning more towards Ms. Cole's statements. He would like to see this as a PO, so that the quality of the duplexes can be controlled. He would like to say to the residents that he knows it is very emotional for them, but it is unreasonable to expect the property to remain undeveloped. Mr. Lewis stated that he does not own properties in North Richland Hills, but he is an investor and has owned income properties, many of them duplexes, for 20 years. As an investor, he does not want to see his property devalue. Because of that, he maintains his duplexes at a high level, anticipating growth. Mr. Lewis would anticipate that anyone buying a duplex at the values that the applicant is likely to be selling them at would behave as Mr. Lewis. He stated that he would vote against the zoning as it is presented but he would encourage it as a PD. Mr. Laubacher commented that about eight years ago he became involved in local activities because a developer wanted to put something on a piece of property next to where Mr. Laubacher lived and he did not want it there. Having a similar experience to what the audience members are currently going through, he can understand exactly how they feel. He stated that the two lessons he has learned in this field in the last 8 years is, first, to keep looking and asking because no one knows what is going to happen. Mr. Laubacher explained that they won the battle and the development did not occur, but the whole approach and attitude that were trying to accomplish was to elevate the standards in North · · · Richland Hills. He did not feel they were successful in that battle. What they have is not what they really envisioned and he is not sure the neighbors in this case will necessarily end up with something dramatically better either. The second lesson he learned is that the obligation of this board is to enhance and protect the community. The proposed zoning for this property does not allow enough control. Generally speaking, a property owner has the right to do what they want with their property as long as it doesn't affect others. In this case, this particular request does affect others. Without proper controls, Mr. Laubacher stated he has to go against it. He would entertain a planned development type scenario. Mr. Davis commented that the Commission's responsibility is for a zoned property's highest and best use. Churches can go in any type of zoning - a church would have been great. The highest and best use of this property is commercial. It has been zoned commercial for a long time. The subdivision these people live in was zoned commercial. As Mr. Schopper pointed out, flexibility is lost of what could and should happen to a major street. Starnes and Davis are both collector streets. Mr. Davis admits that he would not want commercial behind me, but he also wouldn't have bought that house in the first place because, eventually, something is going to go there. Duplexes sound better than commercial. But really, the City has more control over commercial development than over duplex development. They will have to do a site plan that will require approval because it is adjacent to residential property. There would be screening fences. We could do things in regards to outside lighting. There is a 15-foot landscaping buffer. Maybe it is not time to develop it. This guy wants to, but the church may have sold him a bill of goods too soon. I think we can control it and help the neighborhood if it is commercial and we get some control over that site plan and what is going to be there. I am not even sure I would be in favor of a PD. Then again all you are doing is taking the lesser of two evils here and maybe make it smell better. Remember that whenever we vote. Chairman Bowen commented that a duplex is not the best use of this property. He stated that he does not think it will ever be a commercial piece of property unless it is in conjunction with the Winn Dixie. He does not believe it has the visibility to be commercial. It is C-1, which is retail, neighborhood services or office. He stated that he is like a lot of the neighborhood people in the audience. When he bought his house and moved into the city, he had a nice empty field out there. He fought against duplexes and won. He believes the best use for this property is in conjunction with the Winn Dixie. There were no other comments and the Chairman called for a motion. Bill Schopper, seconded by Ted Nehring, motioned to deny PZ 2002-23. The denial carried (6-1) with Brenda Cole voting against. · · · The Chairman reminded the applicant that he has the right to appeal to the City Council. Mr. Green explained that if the applicant wished to appeal his case would go to City Council on March 13. This is not a typical Council night, but the March 10 City Council meeting has been rescheduled to March 13. The applicant has the right to appeal within the next ten days for that meeting date. The Chairman advised Mr. McKinney to contact Mr. Green if he would like to appeal. Mr. Davis asked that the following comment be included in the minutes if the applicant appeals to the City Council: Mr. Davis would like to suggest to the City Council that if they decide to allow this applicant to move forward with duplexes that the City Council consider a PD. That way, Planning & Zoning would get a chance to look at it. If the City Council does not want to do a PO, Mr. Davis suggests that they consider a minimum of 3000 sq. ft. footprint as 1200 is not enough for each side. That will bring the values up and take away the passive investors that don't care about how the property is maintained. Chairman Bowen asked Dave Green if the neighborhood would receive notice if the applicant decides to appeal. Mr. Green responded yes. Fifteen day notice is required prior to council. Even though the applicant has 10 days to appeal, the timeframe for it to actually go on the March 13 agenda is getting rather short. If the applicant were to take 10 days to decide to appeal, it may be necessary to shift this to the first Council meeting in April. The same people who were notified of this meeting will receive a new notice of the appeal meeting date. The sign that has been placed on the property will remain there if the applicant decides to appeal. If he withdraws, the sign will be pulled. · NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS CITY COUNCIL CASE #: PZ 2002-23 Jeff McKinney 8203 Starnes Road Lot 11 A, Block 6 Crestwood Estates 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 Jeff McKinney to rezone the above property from "C-1" Commercial to "R-4-D" Duplex Residential. The Planning and Zoning Commission has recommended denial of this request. The applicant has requested an appeal of this recommendation to the City Council. · The appeal has been scheduled for the date, time, and place listed below. Public Hearina Schedule: Public Hearing Date: CITY COUNCIL MONDAY, APRIL 14, 2003 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 Deparbnent City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 CLARK, CHARL 8124 SAYER FORTW H TX 76180- 03 . BRIGGS, EMMETT 0 EST 7512 DAVIS BLVD NORTH RICHLAND HILLS TX 76180-2402 HOLMES, HOWARD & TERRY PETRICK 3145 ESTERS RD IRVING TX 75062-2837 INGRAM, SCOTTIE ETUX SANDI 7424 FORREST LN FORT WORTH TX 76180-3002 GIPSON, JONATHAN H ETUX LORI R 7468 TIMBERHILL DR FORT WORTH TX 76180-3016 ~RISON. K A & C W SMITH ~4 SPANISH TRL ROANOKE TX 76262-6890 ENDICOTT, MICHAEL J ETUX MARY 7340 TIMBERIDGE DR FORT WORTH TX 76180-3021 YARRISON, CHESTER L 12405 FILERA RD SAN DIEGO CA 92128-3112 3ARC/A, CARLOS JR ETUX A.NTONIA 7336 TIMBERIDGE DR =ORT WORTH TX 76180-3021 JOHNSON, MARK D ETUX §-' L YN X 1035 -\ URN VA ~0146-1035 CROW, ORVILLE G ETUX JANICE 7432 FORREST LN FORT WORTH TX 76180-3005 GIEDER, JOSEPH E JR ETUX TAMI 7428 FORREST LN FORT WORTH TX 76180-3005 DBT PORCUPINE WD2, 801 GRAND AVE DES MOINES IA 50392-0001 VISE, JACK W 7420 FORREST LN FORT WORTH TX 76180-3002 MIZELL, TERRY E ETUX DENNA S 7417 FORREST LN NORTH RICH LAND HILLS TX 76180-3003 SHERMAN, RA YLENE J 7413 FORREST LN FORT WORTH TX 76180-3003 SHERLEY, PENNY S 7404 FORREST LN NORTH RICHLAND HILLS TX 76180-3002 GRIMES, MARYELLEN E 8208 STARNES RD FORT WORTH TX 76180-3037 DOUGLAS, NORMA A 7111 SNYDER RD MEMPHIS TN 38125-2636 CURRY, DOUGLAS A ETUX DONNA A 7469 TIMBERHILL DR FORT WORTH TX 76180-3017 WOODBRIAR MANAGEMENT LTD, 5125 DAVIS BLVD NORTH RICHLAND HILLS TX 76180-6873 WCJ DAVIS 99 LTD, 500 W 13TH ST STE 100 FORT WORTH TX 76102-4655 WEBER, SCOTT A & CYNTHIA 7421 FORREST LN FORT WORTH TX 76180-3003 WILSON, JENNIFER ETVIR JOHNNY 7412 FORREST LN NORTH RICHLAND HILLS TX 76180-3002 MCMINN, BRADFORD L 7408 FORREST LN FORT WORTH TX 76180-3002 FITZWATER, ALLAN ETUX SUSAN M 7409 FORREST LN FORT WORTH TX 76180-3003 BERTRAM, ALBERT & MARTHA J 7400 FORREST LN FORT WORTH TX 76180-3002 CRAIG, PHILIP D 8121 STARNES RD FORT WORTH TX 76180-3034 _RADLEY, BRIAN E ETUX DONNA G 7316 FORREST CT NORTH RICHLAND HILLS TX 76180-3006 . . DUNCAN, NANCY & ROY 7320 FORREST CT FORT WORTH TX 76180-3006 SAUNDERS,KARENJO 7329 TIMBERIDGE DR FORT WORTH TX 76180-3022 BISHOP, AUDRA G 7321 FORREST CT FORT WORTH TX 76180-3006 · · · ¡. Planning Department City of North Richland Hills 7301 Northeast Loop 820 NRH, 76180 Attn. Donna Jackson or Holly Blake Tim and Elisa Darnell 7321 Timberidge :NRH, 76180 30 Fe" ~ RE: PZ 2002-23 Rezoning Request Planning and Zoning/City Council: I understand that it is being proposed that 8203 Starnes be rezoned from C-l to Duplex. My concern is the same that everyone always has in such cases, that surrounding property value will be adversely affected. I realize there already are some duplexes nearby (on Oak, Elm, and Davis), but these of course have been there a long time. NRH's commitment to limit new housing to single family was influential in our ~oving here. Indeed, we made numerous calls to Planning and Zoriing to gauge the possibility of adverse affects of new development near certain properties we were considering, and it was precisely that potential which dissuaded us from continuing to pm-sue several properties. We were pleased at that point to see that the property at 8203 Starnes looked to become a church. Ever since this fell through, we have been concerned. We encourage the commission/council to maintain its commitment to single family residences in this case. Thanks, Tim and Elisa Darnell Jw, MÞ1.' Elr'R ø~ 2 . 4 6 8 10 12 14 16 18 20 22 24 .26 28 30 32 34 36 38 40 42 . --..--. ._,~--"'-"'~"" - _.~._.....;;-.......;. ... ORDINANCE NO. 2697 ZONING CASE PZ 2002-23 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP AND OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 3.92 ACRE TRACT OF PROPERTY FROM C-l (COMMERCIAL) TO R-4-D (DUPLEX) ZONING; ESTABLISIDNG 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 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 the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, 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, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section I: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 3.92-acre tract of land more particularly described as Lot IIA, Block 6, Crestwood Estates, located at 8023 Starnes Road, from C-I Commercial to R-4-D Duplex zoning. Section 2: Any person, fIrm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon fInal conviction thereof fIned in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. ce No. 2697 f2 1'1:\ eneral\Ordinances-Draft\Map Change.Rezone.Cl to R4D.2697 1 . 2 .4 6 8 10 12 14 16 18 20 22 24 .26 28 30 32 34 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. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED on this 14th day of April, 2003. CITY OF NORTH RICHLAND IDLLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED S TO FORM AND LEGALITY: APPROVED AS TO CONTENT: Department Head . Ordin ce No. 2697 Page f 2 W:\ eneral\Ordinances-Draft\Map Change.Rezone.Cl to R4D.26972 NI~H .ITY OF NORTH RICHLAND HILLS Economic Development MEMORANDUM TO: City Council City Manager's Office FROM: John Pitstick, Development Director DATE: Thursday, April 10, 2003 J. PZ 2001-23 -Applicants Appeal to City Council from P&Z Recommendation RE: An appeal document on the above mentioned case was received in the Planning Office at 2:00 p.m. on Thursday after Council packets had already been completed and sent out. We have visited with George Staples regarding the legal implications of this document and he has stated that this document has no legal standing but should simply be e forwarded to the City Council prior to the hearing. Please find attached an I8-page document from Earl McKinney the applicant and owner ofa zoning request from C-I (Commercial) to R4D (Duplex) on 3.92 acres behind the closed Winn Dixie on Starnes Road. Mr. McKinney documents the entire P&Z Commission discussion and presents his legal opinion on this case. e P.O. Box 820609 * North Richland Hills, Texas 76182-0609 7301 Northeast Loop 820 * (817) 427-6090 * Fax (817) 427-6099 " ., ~.... _.~.,-.- ~ e In Re Request for Zoning Change from C-I tp R-4-D * P2 2002-23 , , , * 8023 Starnes Road (3. 92 acres) * ¡ ! " ; ; ¡ ~.~ L~ . ,-,_.~., '" * * * * * * APPEAL TO CITY COUNCIL FROM DECISION OF LOCAL ZONING BOARD APPLICANT'S MEMORANDUM This is an appeal to the City Council from the decision of the local zoning board to deny the application for down-zoning from C-I to R-4-D on a 3.92 acres parcel known as 8023 Starnes Road (hereinafter "the subject property"). For the following reasons, the Council should reverse the decision of the Board and grant the requested zoning change. Statement of Material Facts e . The subject property sits behind commercially developed property that fronts on Davis Boulevard. The commercially developed parcel consists of a large building, formerly occupied by a Winn Dixie grocery store that is now vacant, fronted by a large expanse of paved parking area. The subject property is otherwise surrounded by residentially improved properties which abut the rear and right-hand (north) side (facing the subject property from Davis Boulevard) and face the left-hand (south) side from across Starnes Road. The commercial (C-I) zoning runs very deep at this location, deeper than at adjacent properties along Davis Boulevard. When the developers of the Winn Dixie site, which is approximately 834 feet deep, purchased their property, they elected not to acquire the subject property, having determined that the front portion of the overall tract was more than sufficiently deep e for the commercial development. A portion of the Winn Dixie site, an area approximately 238 feet · . " wide and 834 feet deep north of the store, is undeveloped; at one point, it was contemplated that this area might be developed with a strip of stores facing the Winn Dixie, sideways to Davis Boulevard. The property to the right (north) of this unimproved portion of the Winn Dixie site, fronting on Davis Boulevard, is only a bit over 592 feet deep and abuts residential lots to the rear. Summary of Arguments The Board's decision should be reversed and the zoning change requested should be granted by the Council because the denial of the zoning request was not supported by the evidence presented, the current commercial zoning is not consistent with the highest and best use of the subject property and renders it so unusable as to constitute a government taking without compensation, and the Board hearing was tainted by lack ofimpartiality, in violation of the due process requirements of the United States Constitution. e The testimony presented and comments by Board members indicated that C-I zoning and allowable commercial development of the subject property would be more detrimental to the value of the adjacent residential properties than the proposed r-4-D zoning and allowable duplexes. Such testimony and comments further indicated that commercial development of the subject property is highly unlikely and that there is a shortage of available quality-built duplexes in North Richland Hills e despite a desire for such type of residences. Moreover, the unrefuted presentation of the applicant revealed that a duplex development comparable to the one proposed for the subject property has successfully been used in neighboring Hurst as a buffer between commercial development and single family homes and that such duplexes are well maintained over sixteen years after their construction. During the testimony, it was disclosed by a witness in opposition to the requested zoning change that one of the Board members (Bill) currently owns residential property in the neighborhood e 2 .' e adjacent to the subject property and has a personal interest in the outcome ofthe case. Only after this disclosure by the witness did that Board member admit that he still owns, and rents out, his former residence in the neighborhood and also owns a second leased residence a few houses up the same street. Not only do these admissions create a semblance of lack of impartiality on the part of this Board member, who made no effort to recuse himself, but his comments during the hearing revealed his lack of impartiality. Such bias on the part of an adjudicator violates the due process requirements of a fair and impartial tribunal. Summary of Testimony Presented The applicant, Earl McKinney, presented the written opinion of a licensed real estate appraiser, Travis Horton, that the highest and best use of the subject property would be residential, not commercial. Mr. Horton opined that "the current zoning in place becomes a detriment to the e homeowners along the east side of Forrest Lane, which affects their property values and marketability due to the various types of possible businesses allowed under C-l zoning." He noted that the proposed duplex development of the subject property would create a buffer between the Forrest Lane residents and the commercial property facing Davis (the vacant Winn Dixie store). Mr. Horton noted that an example of the proposed duplex development exists in Hurst, namely the Mountain View Court development, which serves as a buffer between the commercially improved property and the single family homes. Mr. Horton included, with his written opinion, photographs of the "quality built duplexes" in Mountain View reflecting well-maintained homes with attractively landscaped and manicured yards. These duplexes were constructed around 1986-1987. The applicant's representative, Jeff McKinney, testified that the proposed development of the subject property is intended to mimic the Mountain View development; that approximately 12 single-story e 3 .' J duplexes are intended to be built, with brick exteriors, three bedroom, two bathrooms, and two-car garages. When asked by one Board member about minimum square footage, Mr. McKinney stated that the proposed duplexes would range between 1350 to 1550 square feet per side. The Boards' staff member, in response to a Board member's query, stated that the minimum square footage per side required by the R-4-D zoning is 1200. A couple of the Board members, during the questioning of the applicant's representative and later during their pre-vote comments, stated that they would be likely to approve the zoning change if a planned development were presented for consideration. As is discussed hereafter, the subject property is not qualified to be a "Planned Development District." The Board chairman indicated that the Board had received cards from four neighbors of the subject property stating that they were in favor of the zoning change but did not wish to testify. The e chairman then called for testimony from those who wished to speak in opposition to the requested e e zoning change. Twelve persons testified, as hereinafter summarized, and the chairman then indicated that cards had been submitted by three other neighbors who opposed the zoning change but did not wish to testify in person. The first witness was Jeff Holden who lives on Juniper Drive. I Juniper Drive does not in any way touch upon or face the subject property. At its east end, Juniper Drive runs off Davis Boulevard a couple of blocks south of the Winn Dixie and is across the Boulevard from the duplexes built in approximately 1977 on the east side of Davis Boulevard; at its west end, Juniper Drive runs off Timberidge Drive, which, in turn, runs south off Starnes Road. Mr. Holden stated that some of the single family homes in his neighborhood that are rented and known drug houses, have trash in the 4 " yards, and/or are the location of domestic disputes; he further testified that the duplexes across the street on Davis Boulevard have uncut lawns. Mr. Holden did not explain why the purchasers or renters of the proposed upscale duplexes proposed by the applicant would be comparable to the owners or renters of the Davis Boulevard duplexes or those renting single family homes in his neighborhood. Mr. Holden expressed the view that the subject property should be zoned and developed as single family homes or left as it is. He opined that ifthe owners of the subject property put offices on the property, they'll be throwing good money after bad because the offices won't rent. The second witness, Aaron Real, lives on Starnes Road across from the south side of the subject property. He opined that the proposed development of the subject property would hurt him and his immediate neighbors more than those owning homes directly behind the subject property (on Forrest Lane) because he and his neighbors have larger homes (approximately 2300 square feet) than the e Forest Lane houses (approximately 1600 square feet) and he and a few of his neighbors have swimming pools. Mr. Real did not explain how a residential duplex development would harm his property more than a commercial development under the current C-l zoning. It appears that his e e assessment was based on a comparison of the proposed duplex development against no development at all. He expressed sympathy for the applicants as having "bought property they can't do anything with," thus echoing the sentiment of the first witness that commercial development of the subject property is unfeasible. Mr. Real suggested that the City should purchase the subject property and develop it as a park or small library; the Board chairman pointed out that such a use is not under consideration. I Names of witnesses are spelled phonetically and, thus, may not be exact spellings. 5 " e Of the next ten witnesses, eight (witnesses 3 through 8, and 11) live on Forrest Lane or Court directly behind the subject property. Witness number three, Allen Fitzwater2 stated that his property value has gone up over the years, that one home in the neighborhood recently sold for $110,000 and another for $120,000. He stated that his home is approximately 1600 square feet. He opined that his property value would go down if duplexes are built on the subject property, but offered no explanation why such duplexes, with market prices equal to or greater than the current value of the single family homes on his street, would have such a detrimental effect or why commercial development of eh subject property consistent with its C-l zoning would not have a detrimental effect. Mr. Fitzwater commented that he would really like to see a nice quiet doctor's office type place or single family residences on the subject property. Witness number four, Penny Shirley, testified that she and her husband were attracted to the e neighborhood because of the vacant lot and trees (referring to the subject property); she opined that some of the aesthetic value of the neighborhood would be lost if the trees were removed. Mrs. Shirley referred to the duplexes on Davis Boulevard as examples of the type of development that devalues properties and implied that all rental properties cause problems. She expressed the view that the subject property would be suitable for a small business that operates during the day, when the residents of the single family homes are at work, or a church. The fifth witness, Jack Vise, called attention to the City Council's published goals and values 2 Of the three cards that the chairman indicated the Board had received from opponents of the zoning change who did not wish to testify in person, one was from "Susan Fitzwater." It is unknown if this was Allen Fitzwater's wife. e 6 .' relative to protection of home value and ownership. He opined that development of the subject property with duplexes would devalue his property. The sixth witness, Tammy Geeter, admitted that there are nice duplexes off Holiday that fit in with the single family homes. However, she commented that statistics (unidentified) show that sex offenders live in rental properties and more crimes are committed by people who live in rental properties. She opined that renters do not take care of their residences or have the same pride in their homes as owners. She stated that she liked the pretty trees on the subject property. The seventh witness was Joe Geeter, Tammy's husband. He opined that duplexes were not the "right deal." He acknowledged that North Richland Hills does not have many duplexes, but opined that "that" (duplexes) is not what Richland Hills is about. Witness number eight, Carlos Garcia, stated that he was worried about property value. He e opined that renters do not take care of their yards. e The ninth witness, Tammy Hussey, lives on Timberidge Drive. Unless her property is on the comer of Timberidge Drive and Starnes Road, it neither abuts nor faces the subject property. She stated that she was excited when the former owner contemplated building a church on the subject property. She also expressed her personal view that more planning should have been done by the applicant before the hearing. The tenth witness, Janie Jackson, indicated that she lives next door to Tammy Hussey, therefore on Timberidge. She stated that she loved the idea of a park on the subject property. The eleventh witness, Orville Crow, lives on Forrest Lane behind the subject property. He testified that he does not want to be dodging bullets, listening to people yelling and screaming during the night; he stated that he has lived around duplexes and that is the atmosphere you get with e 7 " duplexes. Addressing himself to a particular Board member, Mr. Crow stated: "I believe, Bill, you lived over there in the neighborhood, and I know that it would affect you." The twelfth and last witness, James Henson, lives on Timberhill Drive, which neither abuts nor faces the subject property. It is one block west of Forrest Lane; it intersects Forrest Lane at its north end and Starnes Road at its south end. Mr. Henson indicated that he is opposed to the proposed development of the subject property mainly because of the duplexes on Davis Boulevard. He indicated that he had driven behind those duplexes and witnesses an old dryer lying on the premises and "beware of dog" signs. After the conclusion of the testimony of the opponents, the chairman of the Board asked the applicant's representative if he wished to respond. Mr. McKinney pointed out that the Davis Boulevard duplexes referenced by the opponents are not comparable to those proposed for the subject e property. Not only will the proposed duplexes be larger than the ones on Davis Boulevard, but also the monthly rent or mortgage payments for the proposed upscale duplexes will be approximately $1,100 to $1,200; he opined that persons paying that amount are going to take care of their units. e e The conclusion of the hearing consisted of the Board members' discussion and voting. Most likely because his personal interest in the neighborhood had been disclosed by Mr. Crow, the eleventh witness in opposition, the Board member named Bill commence the pre-voting comments by acknowledging that he had lived in the neighborhood abutting the subject property for seventeen years, still owns that residence, which he rents out, and owns another residence down the street that also is rented. He disputed Mr. McKinney's estimate of the monthly rent that could be obtained for the proposed duplexes, stating that he is able to get only $1,050, inclusive of the security alarm payment, for his single family residences which are about 1500 square feet; apparently, he believes 8 .' e square footage alone, without consideration of such factors as age, quality, amenities, etc., is determinative of fair market rental value. This Board member further commented that he is concerned that if the subject property is not kept commercially zoned, the marketability of the empty Winn Dixie property will be limited. He did not offer any rationale for this theory or explain why he assumes that anyone would want to build retail or other commercial establishments behind the large building formerly occupied by the grocery store, as distinguished from building next to it on the unimproved portion of the Winn Dixie site and forward towards the Boulevard. This Board member stated that the Board has the most control over commercial development; he did not indicate how maximizing Board control relates to determining highest and best use of property. Opining that the zoning change was not appropriate at this time, this Board member stated that "the numbersjust don't work." The meaning of this statement is completely obscure as there was no antecedent reference for e "the numbers." The next Board member to proffer comments was the lone female member, named Brenda. She was the only member to subsequently vote in favor of the requested zoning change, although a couple of the other members indicated that they would be inclined to vote for the change if a planned development were submitted for consideration. What these Board members apparently did not know, and the Board staff member did not call to their attention, is that the subject property, consisting of 3.92 acres, does not qualify to be a "Planned Development District." Section 520, subsection C, of the City's Zoning Regulations provides that "the PD district shall have at least 4 acres in area." In expressing her views, Board member Brenda remarked to the opponents of the zoning change that she understood the emotional impact on them of a proposed change, but noted that by opposing the proposed duplex development they were risking commercial development ofthe subject e 9 " property as allowed under the current zoning which, she opined, no one would dispute would be more detrimental to the single family homes. She also noted that those opponents who expressed a desire to have single family homes built on the subject property were inconsistently objecting to duplexes next to their own single family homes while suggesting construction of new single family homes backing up to the Winn Dixie. This Board member also remarked that the Davis Boulevard duplexes are atypical and certainly not the quality of the ones envisioned for the proposed development of the subject property, which are more comparable to the Mountain View duplexes in Hurst and other similar developments, one half of which duplexes sell for more than the opponents' single family homes. She remarked that there is a high demand for owner-occupied duplexes, and while there is nothing to keep duplexes from becoming rental properties, there likewise is nothing to keep single family homes from going rental. She opined that, based on the history in Tarrant County, the value of e the neighboring homes would not go down by reason of the construction on the subject property of the . e type of duplexes contemplated. In response to Brenda's comments in favor of the requested zoning change and proposed duplex development, Board member Bill interjected that he, at least, was willing to dispute her view that commercial zoning of the subject property was more detrimental to the neighboring single family home values than residential zoning of the type requested. He then proffered as a "point of information" that the duplexes the folks opposing the zoning change were talking about were not necessarily the ones on Davis Boulevard and remarked that those are just "icing on the cake." He proffered that the duplexes that the witnesses were talking about are south on Starnes Road; he stated that there are little cuI de sacs that come in off Davis Boulevard and that the duplexes there back up to the folks who front on Timberidge. Ifhis personal ownership of properties in the neighborhood that 10 abuts the subject property were not sufficient to create the semblance of lack of impartiality on the part of this Board member, his blatant attempt to recharacterize the testimony given should foreclose any doubt on the matter. None of the witnesses who referred to existing duplexes as the basis of their concern indicated anything to suggest that they were referring other than to the duplexes on Davis Boulevard. The next member to offer comments, a gentleman wearing glasses, remarked that he did not know when and if a commercial development could go onto the subject property. This comment echoed the view expressed by a few of the opposing witnesses that commercial development of the subject property is not feasible. The Board member seated next to Brenda commented next and stated that he would like to see this as a planned development. He acknowledged that he has owned duplexes as investment e properties and has maintained them at a high level; he stated that he would anticipate that anyone buying the duplexes at the value that the applicant would be selling likely would maintain them at the same high level that he would. He reiterated that he would like a planned development so that the Board members could compromise with the opponents. The next member to comment, another gentleman with glasses, complained that the zoning requested does not give the Board enough control; he stated that he would entertain a planned development type of scenario. . e The Board member seated next to Bill, named Richard, was the next to comment. Noting that the Board's objective was to zone the property to its highest and best use, he then summarily concluded that commercial is the highest and best use for the subject property. While admitting to the objectors that he personally would not have bought property in the neighborhood knowing that it 11 . backed up to commercial property and that if something is going to go onto the subject property, duplexes sound better than commercial, he nonetheless expressed the view that the current commercial zoning should be retained. As a rationale for this conclusion, this Board member stated that the Board has more control over commercial, parroting Bill's comments. Again, no explanation was proffered for using the level of Board control as the benchmark for determining highest and best use of a property. The last Board member to make comments was the chairman. He stated: "I personally don't think that it (the subject property) will ever be a commercial piece of property unless it is in conjunction with the Winn Dixie; I don't think that it has the visibility." He continued: "I think probably the best thing that we can use this property for is in conjunction with the Winn Dixie; I'm not sure that will happen." . The Board members then voted, all but one, Brenda, voted to deny the requested change; Brenda voted in favor of the change. Arguments I. Denial of the Requested Zoning Change Was Not Supported by the Evidence Presented. In denying the requested zoning change from C-l, the Board implicitly held that the highest and best use of the subject property is commercial. This holding was not supported by the evidence. Several witnesses in opposition, and several Board members, opined that the subject property was not suited for commercial development. Even the Board chairman opined that the subject property could only be reasonably developed commercially if developed in conjunction with the Winn Dixie site and stated that he was not sure that would ever happen. As a practical matter, any future commercial development in conjunction with the now vacant Winn Dixie would reasonable run alongside the e 12 Winn Dixie, parallel with Davis Boulevard, or sideways to the Winn Dixie, perpendicular to Davis Boulevard, on the unimproved portion of the Winn Dixie site. It is not reasonable to expect a future developer of the Winn Dixie site to build retail stores or offices behind the existing building fom1erly used as a grocery store. In other words, any commercial development in conjunction with the Winn Dixie would be no deeper than the Winn Dixie site and would not include the subject property. While the latter backs up to commercial property, it is not visible from Davis Boulevard. Further, it is surrounded by residential properties on its other three sides. Retaining C-I zoning on the subject property does not promote its highest and best use; rather, it all but ensures no development of the property at all, a clear preference of the witnesses opposing the requested zoning change. The testimony of the opponents revealed that they were not contrasting the proposed duplex development with potential, viable commercial development of the subject property; rather they were contrasting . the proposed duplex development with no development at all, if the current C-I zoning is retained, or with single family homes under an R-3, -2, or -1 zoning. As Brenda Cole noted, the opponents were being emotional and unrealistic in their expectations that their existing single family homes should be buffered from the Winn Dixie site by new single family homes built on the subject property. In addition to not being consistent with the highest-and-best-use-of-property standard, the . - Board's decision, based on the evidence presented, did not satisfy the City's goals and objectives, as pointed out by the fifth opposing witness, Jack Vise, of promoting home value and home ownership. The expert testimony of Travis Horton, licensed real estate appraiser, presented by the applicant indicated the commercial development of the subject property as allowed under its current zoning would be detrimental to the value of the existing single family homes on the adjacent properties and that the proposed duplex development, comparable to the Mountain View duplexes in neighboring 13 .' Hurst, would not harm those vales. With the possible exception of Board member Bill, who has a personal interest in the outcome of the requested zoning and should have recused himself, the Board members did not concur with the emotional views of the opposing witnesses that all duplex developments become run down, occupied by renters that do not take care of their residences and yards and engage in criminal conduct and/or domestic disputes that impact the neighbors. Such a derogatory assessment of renters of homes is not factually sound, not to mention being highly insulting to the many upstanding citizens who, for personal reasons, rent their homes. As Board member Brenda remarked, there is a high demand for owner-occupied duplexes. This would include individuals who want more living space and less yard for their money and those who purchase duplexes to use one side for their own residence and the other side for the residence of an aging parent or other family member, among others. Brenda also expressed the view, reiterated by other Board .. members, that duplexes of the quality envisioned for the subject property would be well maintained, . . whether occupied by the owners or renters. Thus, the evidence presented supported a finding that the requested zoning change is consistent with the highest and best use of the subject property and will not cause harm to the neighbors, whereas the current zoning is not consistent with highest and best use of the property and, at least hypothetically, would allow development that would be detrimental to the value of the neighboring homes. II. Commercial Zoning of the Subject Property Constitutes Inverse Condemnation Without Compensation Arguably the original zoning of the subject property as commercial, because of its distance from Davis Boulevard, was ill suited to any economically feasible development of the property. Even 14 if the original C-I zoning, as applied to the subject property, did not per se render the property essentially unusable, the segregation of the property by the purchase and development of the Winn Dixie site rendered it undevelopable absent a change in its zoning. Therefore, the Board's denial of the requested zoning change and retention of the C-I zoning constitutes a government taking of the property without compensation. Government regulations, including zoning, that deny a property owner all economically viable use of his land for the common good are examples of "inverse condemnation" in violation of the Fifth Amendment of the United States Constitution. In Pennsylvania Coal Co. v. Mahon, 260 U.S. 393, 415 (1992), the Court noted that "while property my be regulated to a certain extent, if a regulation goes too far it will be recognized as a taking." In Lucas v. South Carolina Coastal Council 505 U.S. 1003, 1015 (1992), the Court held that a regulation which "denies all economically beneficial or . productive use of land" will require compensation under the Takings Clause. In Penn Central . Transportation Co. v. City of New York, 438 U.S. 104, 124 (1978), the Court noted that even when a regulation imposes limitations on land that fall short of eliminating all economically beneficial use of the property, a taking nonetheless may have occurred depending on several factors including the regulation's economic effect on the property owner, the extent to which the regulation interferes with reasonable investment-backed expectations, and the character ofthe government action. In Palazzolo v. Rhode Island, 533 U.S. 606 (2001), the Court held that a claim that a government regulation has rendered the property economically idle "is not barred by the mere fact that title was acquired after the effective date of the state-imposed restriction." Id. At 630. In his concurring opinion in Palazzolo, quoting from the Penn Central decision, Justice Scallia noted that "a use restriction on real property may constitute a 'taking' if not reasonably necessary to the effectuation of the substantial public . 15 . purpose, (citations omitted), or perhaps if it has an unduly harsh impact upon the owner's use of the property," Id. At 634. In the instant case, the retention ofC-l zoning on the subject has an unduly harsh impact on the owner of the property as it renders the property virtually incapable of being economically developed. As on opposing witness, Jeff Holden, commented, building offices on the subject property would be throwing good money after bad as the offices would not be rentable. Another opposing witness, Aaron Real, opined that the owners of the subject property bought property with which they can't do anything with. One Board member commented that he was not sure when and if commercial property could go into the subject property, and the Board chairman opined that commercial development of the subject property was likely only if done in conjunction with development of the Winn Dixie site and, even then, was in doubt. . The only alleged government purpose proffered by any of the Board member who voted to deny the requested zoning change was maximizing Board control over the development of the property. Board members Bill and Richard both commented that C-I zoning allowed the most control over the development of the subject property. In fact, retaining a zoning that renders the property economically and realistically undevelopable renders the government control absolute; there simply will be no development. A couple of the Board members who voted to deny the requested zoning change did so not because they believed C-I zoning was the highest and best use of the property, or that duplexes were ill suited for the subject property, but because they would prefer a planned development as that would afford more Board control over the project and would allow them to compromise with the opponents. As explained earlier, a "Planned Development" is not available for the subject property which does not meet the minimum acreage requirement. . 16 .. . During the presentation made by the applicant's representative, the Board members discussed whether they could impose binding restrictions on the proposed duplex development, such as requiring a higher minimum per-side square footage than required by the zoning regulations. The Board's staff person advised the Board member that they could make recommendations but not impose binding restrictions and that the minimum per-side square footage required under the current regulations is 1200. The existing regulations adopted by the City impose a variety of restrictions and requirements on the property zoned R-4-D that is being developed, such as: minimum area of district; minimum street frontage; minimum lot area, width, and depth; minimum dwelling unit size; minimum front, side, and rear building lines; rear yard open space area: maximum height; and maximum lot coverage. If the Board members believe the current regulations are insufficient, they should pursue adoption of . amendments to the regulations, rather than trying to compel a property owner who has requested a . change to R-4-D zoning to submit a planned development or to deny the requested change and retain a zoning that is completely incompatible with the subject property and renders it economically idle. III. The Applicant Was Denied a Fair and Impartial Hearing As Required by the Due Process Clause Procedural due process, as guaranteed by the United States Constitution, requires access to an impartial tribuna. In re Murchson, 349 U.S. 133 (1955); Withrow v. Larkin, 421 U.S. 35 (1975). To allow due process, members of zoning boards and appeals boards who have an interest in a project, for example, a financial interest as a neighbor whose property value would be affected, must not take part in the discussion, nor vote. In some states, such members are required to recuse themselves from the proceeding. 17 ! . . . , In the instant case, Board member Bill had such a financial interest in the project. He is the owner of two neighboring residences, a fact he did not voluntarily disclose until one of the opposing witnesses, Orville Crow, who lives on the street that abuts the back of the subject property, commented: "I believe, Bill, you live over there in the neighborhood, and I know that it would affect you." Not only did this Board member not recuse himself, he actively and aggressively participated in the discussion and, at one point, attempted to recharacterize the testimony of the opposing witness. He also participated in the vote. As a result, the Board's hearing was tainted with lack of impartiality. That due process violation cannot be cured by simply disregarding Bill's vote as it is impossible to ascertain what impact his active participation in the discussion may have had on the other Board members who voted to deny the requested change. Conclusion For the reason stated, the Council should reject the decision of the Board and should grant the requested zoning change. Respectfully submitted, C. Earl McKinney 18 CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 04/14/2003 Subject: 29th Year Community Development Block Grant Proç¡ram Agenda Number: GN 2003-049 Public Hearing In 1996 the United States Department of Housing and Urban Development (HUD) designated the City as a metropolitan city to receive direct entitlement of Community Development Block Grant (CDBG) funds. On June 24, 1996 the City Council accepted the direct entitlement designation and entered into an agreement with Tarrant County for the administration of the City's CDBG program. As a result of this designation, the City is allocated a net amount of approximately $292,800 each year from the Department of Housing and Urban Development (HUD) under the CDBG program. Each program year, the City must prepare and submit a CDBG program outlining the use of these funds in accordance with HUD guidelines. Staff has prepared a program for the 29th CDBG program year that proposes to use the 29th Year CDBG funds for the reconstruction of Roberta Drive and to provide operating assistance to the Northeast Transportation Services (NETS). HUD requires a public hearing so that the City can receive comments and input from citizens regarding the proposed 29th year CDBG program project. Recommendation To conduct the public hearing and receive public comments regarding the 29th Year CDBG program. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available . &Ah=s4A{. ) Department Head Signature Budget Director Finance Director Page 1 of _ CITY OF NORTH RICHLAND HILLS epartment: Administration Council Meeting Date: 4/14/2003 Subject: 29th Year (2003/2004) Community Development Block Grant Program - Resolution No. 2003-37 Agenda Number: GN 2003-050 Following the public hearing from the previous agenda item, it is necessary for Council to take action regarding the project(s) they wish to be included in the 29th year (2003/2004) CDBG entitlement program. The proposed 29th Year CDBG project is the completion of the reconstruction of Roberta Drive. The completion of this project will be bid spring 2004 with reconstruction to be completed summer 2004. Eligibility of this project under the CDBG criteria has already been verified by Tarrant County via a survey of the residents on Roberta and 2000 block level Census data. The final estimate for this project is $487,941. Staff originally proposed completing this project with the 28th year CDBG allocation and remaining CDBG funds from previous projects. However, the remaining funds were spent for the reconstruction of Susan Lee Lane. As a result, we are requesting that this project be funded with the $292,800 28th year CDBG allocation (approved by the City Council March 25, 2002), and the 29th year CDBG allocation of $292,800. This would leave some funds remaining from the 29th year CDBG allocation. We would propose using $55,000 of the remaining amount to help fund the Northeast Transportation Service, which provides on demand transportation for the elderly and disabled in eight northeast Tarrant County ¡ties. $55,000 is within the 15% cap that HUD places on use of CDBG funds for public service projects. The attached resolution transmits the City's proposed 29th year (2003/2004) CDBG program. The proposed program consists of the completion of one street reconstruction project: and operating assistance to Northeast Transportation Services (NETS). Proiect Estimated Cost 1. Roberta Drive $487,941 (from Clenis to Lola Drive) 2. Northeast Transportation Services $ 55,000 Recommendation: To approve Resolution No. 2003-37 outlining the 29th Year CDBG program. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Available / !~-c- ~ i L t~~....J ~. Departmetl ead Signature Budget Director Finance Director Page 1 of _ . . . Resolution No. 2003-037 WHEREAS, the City of North Richland Hills will receive direct entitlement of Community Development Block Grant (CDBG) funds for the 29th (2002/2003) CDBG program year; ~nd WHEREAS, the schedule below represents the City's requested program for the 29th (2002/2003) CDBG program year; and Proiect Roberta Drive (from Clenis to Lola Drive) Estimated Cost $487,491 NETS Operating Assistance $55,000 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, THAT The schedule above represents the City's CDBG program for the 29th funding year, 2002/2003. PASSED BY THE CITY COUNCIL on this the 14th day of April 2003. APPROVED: Oscar Trevino, Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY City Attorney CITY OF NORTH RICHLAND HILLS .partment: Administration Subject: Approve Ordinance No. 2695 Amendinq Reqistration Requirements of Retail Electric Providers Council Meeting Date: 4/14/03 Agenda Number: GN 2003-051 Backqround: In January 2002 the City adopted Ordinance No. 2595 requiring registration and other acts in accordance with Public Utility Commission (PUG) rules for retail electric providers (REP). A number of cities adopted similar ordinances across Texas as we began to see additional REP's coming into our cities and doing business with our citizens and businesses. TXU and Reliant challenged the validity of those ordinances with the PUC. After extensive discussion, the PUC ruled in favor of the Utilities. As result, many cities including North Richland Hills are bringing forth a revised registration ordinance, which is attached. We believe this ordinance complies with the new guidelines set forth by PUC as a result of the appeal process. The primary differences in the two ordinances are as follows. The original ordinance required a $25.00 registration fee and a $20.00 renewal fee for each year. The proposed ordinance requires no renewal fee. The existing ordinance provided a process for the City to suspend and revoke a REP's ability to do business in the community based upon certain violations by the REP. The new ordinance only allows the City to revoke after findings by the PUC. The new ordinance also has some modifications and reductions of required data e to be submitted to the City in their registration. Finally, the original ordinance had non- compliance financial penalties attached to it and the new ordinance does not have financial penalties. This addresses the most significant changes. Recommendation: To approve Ordinance No. 2695. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Ävallable Finance Director ~l/i::i£ P::InP 1 nf 1 e ORDINANCE NO. 2695 AN ORDINANCE OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, AMENDING ORDINANCE NO. 2595, TO PROVIDE FOR THE REGISTRATION OF RETAIL ELECTRIC PROVIDERS, REQUIRING LOCAL REGISTRATION OF RETAIL ELECTRIC PROVIDERS PURSUANT TO SECTION 39.358 OF . THE TEXAS UTILITIES CODE; PROVIDING FOR A REGISTRATION FEE; PROVIDING FOR THE SUSPENSION OR REVOCATION OF REGISTRATION FOR SIGNIFICANT VIOLATIONS OF CHAPTER 39 OF THE TEXAS UTILITIES CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in the 76th Legislative Session, the Texas Legislature adopted Senate Bill 7 and thereby set in motion electric deregulation, and the competitive retail electricity market in Texas that opened on January 1,2002; and WHEREAS, under the provisions of Senate Bill 7 and the rules of the Public Utility Commission of Texas ("PUCT") adopted to implement Senate Bill 7, customers will deal directly with a retail electric provider ("REP") in order to obtain electricity for their premises and accounts; and - WHEREAS, Section 39.358 of the Texas Utilities Code and PUC Substantive Rule § 25.113 specifically provides for local registration of REPs, as well as the assessment of a reasonable administrative fee for such registration; and WHEREAS, Section 39.358 of the Texas Utilities Code further provides for the suspension or revocation of a REP's registration and operation within a city for significant violations of Chapter 39 of the Texas Utilities Code or the rules adopted by the PUC to implement Senate Bill 7; and WHEREAS, registration will facilitate the City of North Richland Hills having accurate information concerning each REP that will be serving North Richland H ills residents and businesses in the event that North Richland Hills customers experience problems with a REP; and WHEREAS, the City Council of the City of North Richland Hills Texas, hereby finds that REPs should be registered by the City of North Richland Hills and that an administrative fee of $25 should be charged for each REP registration; and WHEREAS, the City Council also finds it in the best interest of the City of North Richland Hills and its citizens to allow the City to monitor REPs to ensure compliance with PUC certification; and - · WHEREAS, the City Council finds that the REP serving as electric provider for the City of North Richland Hill's electric accounts should be exempt from registration requirements unless that REP is serving end use customers within municipal limits other than the municipality; and NOW, THEREFORE, BE IT ORDAINED BY· THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS TEXAS, THAT: REGISTRATION OF RETAIL ELECTRIC PROVIDERS Section 1 General Provisions A. Purpose. The City of North Richland Hills City Council finds that it is in the best interest of the public to require that a Retail Electric Provider (REP) register as a condition of serving City residents. This ordinance establishes a "safe harbor" process for registration of REPs to standardize notice and filing procedures, deadlines, and registration information and fees. The "safe harbor" registration process provides certainty to City and REPs, thereby facilitating the development of. a competitive retail electric market in Texas. B. Repeal of Existinq Ordinance Addressino REP Reoistration. To the extent that an existing ordinance or ordinances of the City of North Richland Hills address REP registration, such other ordinance or ordinances are hereby repealed. C. Definitions. The following words and terms, when used in this Article, shall have the following meanings, unless the context clearly indicates otherwise: e "Commission" or "PUC" shall mean the Public Utility Commission of Texas. "PURA" shall mean the Texas Public Utility Regulatory Act, as amended. "REP" shall mean Retail Electric Provider. "Registration Form" shall mean the registration form approved by the Commission in accordance with Commission Substantive Rule §25.113 and available on the Commission's website or from the Commission's Central Records division. e "Resident" shall mean any electric customer located within the City of North Richland Hills, regardless of customer class. "Revocation" shall mean the cessation of all REP business operations within City, pursuant to Commission order. "Suspension" shall mean the cessation of all REP business operations within City associated with obtaining new customers, pursuant to Commission order. (2) J . D. Non-discrimination in REP reaistration reauirements. The registration requirements apply equally to all REPs and types of REP. However, the City may exclude from its registration requirement the REP that provides service only to the City's own electric accounts as long as the REP providing service to the City does not serve any residents of the municipality. . Section 2 ReQistration A. Standards for reaistration of REPs. Registrations will be processed administratively by City. 1. A REP shall register within 30 days after the effective date of this Ordinance or 30 days after providing retail electric service to any resident of City, whichever is later. 2. A REP shall register with City by completing the Registration Form approved by the Commission, and signed by an owner, partner, officer, or other authorized representative of the registering party. Forms may be submitted to City by mail or facsimile. City shall review the submitted Registration Form for completeness, including the remittance of the registration fee. Within 15 business days 0 f receipt 0 fan incomplete registration, City shall notify the registering party in writing of the deficiencies in the registration. The registering party shall have 20 business days from the issuance of the notification to cure the deficiencies. If the deficiencies are not cured within 20 business days, City shall notify the registering party that the registration is rejected without prejudice. 3. B. Information. City shall require a REP to provide only the information set forth in the Registration Form. C. Reqistration fees. REPs shall pay a reasonable administrative fee for the purpose of registration. 1. Each retail electric provider required to register under this Article shall pay to the City a one-time registration fee in the amount of $25. 2. A REP shall pay a late fee of $15 if the REP fails to register within 30 days after this ordinance requiring registration becomes effective or 30 days after providing retail electric service to any resident of the municipality, whichever is later. D. Post-reqistration requirements and re-reaistration. 1. A REP shall notify City within 30 days of any change in information provided in its registration. In addition, a REP shall notify City within ten days if it discontinues offering service to residents of City. - (3) .. . 2. If a REP's registration is revoked and the REP subsequently cures· its defects and resumes operations it must re-register. In that circumstance, the REP may register in the same manner as a new REP. Section 3 Suspension and Revocation City may suspend or revoke a REP's registration and authority to operate within the municipality upon a Commission finding that the REP has committed significant violations of PURA Chapter 39 or rules adopted under that chapter. City will not suspend or revoke the registration of the affiliated REP or provider of last resort (POLR) serving residents in City. City shall not take any action against a REP other than suspension or revocation of a REP's registration and authority to operate in the municipality, or imposition of a late fee in accordance with this Article. 1. City may provide a REP with a warning prior to seeking to suspend or revoke a REP's registration. 2. City shall provide the REP with at least 30 calendar days written notice, informing the REP that its registration and authority to operate shall be suspended or revoked. The notice shall specify the reason(s) for such suspension or revocation. City may order that the REP's registration be suspended or revoked only after the notice period has expired. 3. - 4. In its suspension order, City shall specify the reasons for the suspension and provide a date certain or provide conditions that a REP must satisfy to cure the suspension. Once the suspension period has expired 0 r the reasons for the suspension have been rectified, the suspension shall be lifted. 5. In its revocation order, City shall specify the reasons for the revocation. 6. A REP may appeal a suspension or revocation order to the Commission. Section 4 Notice and Effective Date Upon adoption of this ordinance, The City shall file the ordinance with the Commission in a docket established by the Commission for the purpose of submitting municipal REP registration ordinances. The filing of this ordinance in such docket in accordance with Commission rules relating to the filing of pleadings, documents, and other materials shall serve as notice to all REPs of the requirement to submit a registration to the City. The ordinance will become effective 31 days after the ordinance has been filed with the Commission in accordance with this section. - (4) - " . . DULY PASSED AND APPROVED this the _day of 2003. ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney e APPROVED: Mayor (5) ~~. -- CITY OF NORTH RICHLAND HILLS .partment: Administration Council Meeting Date: April 14, 2003 Subject: Approve Recommendation for NaminQ of NeiQhborhood Park Agenda Number: GN 2003-052 located in the Brandonwood Subdivision - Resolution No. 2003-039 On March 24, 2003, the Public Facility Naming Board met to consider names for neighborhood parks. They received input that had previously been requested from the Parks Board and considered all of the names presented from their discussion as well as input from citizens. After discussion, the Board recommended that the Dark being constructed in the Brandonwood subdivision be named Founders Park. The discussion centered along the concept that this would be a good way to recognize founders of the community through the use of plaques and other name designations within the park. The Brandonwood Homeowners Association had sent a letter recommending the name be Brandonwood Park. The Naming Board has also asked staff to prepare guidelines that could be used to allow City founders to be honored in this park. The Facilities Naming Board also recommended names for two other elementary school park sites which will be reviewed by B.I.S.D., before being presented to the City Council. Recommendation: To Approve Resolution No. 2003-039 . Finance Director Source of Funds: Bonds (GO/Rev.) Operating Budget . Other - 4)( 2~..{ . artment Head Signature Finance Review Account Number Sufficient Funds ÄvallaDle t£~ P::In¡:> 1 nf r , . . . .Þ ...... Resolution No. 2003-039 . Whereas, the Public Facility Naming Board met and reviewed park names for neighborhood parks; and Whereas, the recommendations of the Park and Recreation Board and input from citizens were forwarded to the Public Naming Facility Board for discussion and consideration; and Whereas, the Public Naming Facility Board selected and unanimously recommends the following name for the Brandonwood park site: Founders Park and Whereas, the City Council concur with the recommendation. NOW THEREFORE, BE IT RESOLVED that City Council approves the recommendations of the Public Facility Naming Board. e' PASSED BY THE CITY COUNCIL this 14th day of April 2003. APPROVED: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO CONTENT: Greg Vick, Assistant City Manager e -, rÞ CITY OF NORTH RICHLAND HILLS 'partment: Public Works Subject: A rove En ineerin A reement with Kimle -Horn Agenda Number: PW 2003-GCJ6 Associates, Inc. in the amount of $87,500 for the Traffic Signal Light Communication 2003 Project _ Resolution No. 2003-041 Councif Meeting Date: 4/14/2003 This project consists of the City upgrading all traffic signals currenlly not located in a planned reconstruction area (i.e. Rufe Snow Drive) with a Spread Spectrum System. This system is a radio communication system that will allow the Public Works Department to monitor the operations of a specific traffic signal light from the Service Center. Rufe Snow Drive (from Meadow Lakes Drive to Starnes Road) is not included in this project because of either current or future plans to reconstruct the road. The Rufe Snow Drive traffic lights will be upgraded as the project is reconstructed. Request for qualifications was sent to nine local traffic engineering firms to provide the necessary engineering for the project. A selection committee consisting of Mike Curtis, Director of Public Works and Jimmy Cates, Public Works Superintendent reviewed the 4 proposals submitted to the City for consideration. All four 'seemed very qualified for the project. Two of the four had performed traffic engineering work for the City previously (KimreY-Hom Associates and Lee Engineering, Inc.). After meeting with representatives ... from Kimley-Horn and Lee Engineering, staff is recommending that Kimley-Horn be ... awarded the project. Kimrey-Horn Associates, Inc. has developed and designed several Spread Spectrum Radio Communication Systems in the metroplex, with the most recent one being in the city of Hurst. They are also familiar with the North Richland Hills' traffic signal operations. The fee negotiated by City staff is an amount not to exceed $87,500. Finance Director The Scope of services will include: · Design of the Spread Spectrum Radio Communication System (for 39 traffic signal lights). · Prepare the timing plans for 22 traffic signal lights by creating three "Closed Loop Systems" (process by which traffic signal lights communicate with each other using time based coordinated plans). This project will include a closed loop system for 3 major arterials (See Attachment "A"): = Finance Review Source of Funds: Bonds (GO/Rev.) .a Operating Budget ... Other ~ ~'/ ,1 ~ Q~ ) ( ./ \....- (! . . , . I .... _ Department Head Signature 13-23-35-6000; 03-13-23-035- Account Number 305-0000-603.79_00 Sufficient Funds Available Page 1 of_ '" CITY OF NORTH RICHLAND HILLS e Grapevine Hiohway (Rufe Snow Dr. to Walker Blvd.) _ 12 traffic signals Davis Boulevard (Maplewood Ave. to Main St.) - 7 traffic signals Mid-Cities Boulevard (Davis Blvd. to Tecnol Blvd.) _ 3 traffic signals The remaining 3 signal timing· corridors shown on Attachment "A" (Labeled as Future Timing Plans) will be optimized in the future. This project has been delayed by several months. Staff has been working with the North Central Texas Council of Governments (NTCOG) on a potential pilot program for signal timing optimization on Grapevine Highway. It now appears that NCTCOG may choose an arterial street located in another City. Staff will continue to work with NCTCOG in seeking funding for signal timing upgrades on major arterials in North Richland Hills. Sufficient funds are available in the 200212003 Capitallmprovemenls BUdget for this project. Recommendation: To approve Resolution No.2003-041, authorizing the City Manager to sign the agreement for engineering services with Kimley-Horn Associates, Inc. in the amount of $87,500 for the Traffic Signal Light Communication 2003 Project. e Page_of _ e CITY COUNCIL ACTION ITEM , e RESOLUTION NO. 2003-041 that: BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, 1. The City Manager be, and is hereby authorized to execute the attached Agreement for Engineering Services for the Traffic Signal Light Communication 2003 Project, as an act and deed of the City. PASSED AND APPROVED this the 14th day of April, 2003. Larry Cunningham, City Manager e ATTEST: Patricia Hutson, City Secretary APPROVED AS TO LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Public Works Director e ,-1 . e, :. Attachment" A" , · EJdsting Signal - City Maintained I-- ED b. Â Existing Signal_ TxDOT Owned I Chy Maintained ProPOSed TxDOT Signal Proposed City Signal ./ NRH City of North Richland Hills Traffic Signal System Potential Signal Timing COrridors ~=~ ~ n:. JTlµ' ~ I 'J' . . \ ~~^l;;JJTltJ fi--i 00; '\ Prf= ª TnV,L F f-.I I · · 1 ¡; f - j;::[(\ í q ........-;.. ' ~I_~ - ci~1~1L- IIU; ,\', l'j".LLJ, I ~C= . J .lß!-- ~ ~ "'f"\ M )!ill :; ,ff':¡ =- ~ 1 I ,., ~ ~ ~ ftLt=:r- i I \ 117: _~ f ¡:L, t=:= - Iif r J -= "1111 J 'J 1'- _ ni r L1 I=c." "'-i:'.:L. L' /J " - 8<"- '" n-:::':J-.,., 1 [ ,'S' L·\\\~. W ::Il ~ I If ! I ri [f-= -~ r b-r-t\1 II ~ Rl ~ "l ... _ ______ '..... _ K.,I I' " ~~rr. - ~ ~ ,..c ~ '''' Proposed Timing Plans (3 ~ ' I-t-- -I h ~ ba rr.r-,lJ. r.r..' .¡._ t- ., ¡:: S 1""----=1 c--- Y'.....1' " ~ ,qr, ~ - -, 1= ~~WOD "i fìi;=;,r.Vt=¡ ,~~C"< _ =-..f\ (}. .. ~ r r ~ i r.'f;;; I" Future Timing Plans ,'[', h , , i\ .L -L t;¡;;1 Ir [ r /Jl trJ... r ~ -+- ~ I'~ .¡ It'b/r....:r:: ~-= ':I. l..-t \ x: _lo -I--~ ' 8'-1=3 ""~ ~r-'F~..,.,. ~S¿ V / I ,I- I ) /F ~,."...~ JeIJ '-~ - 'Y F. r¡ "- I~Rc9',1f¢' ¡,- ~".ç, *l .,f ~ / ~ ~ '\1=\ I=~" .:1,'~"f ,....~ :/'" · = 'oJ 5 ,..., '." Ie' 1Pò1--1¡ v' .-" J I}ß;" It!lf =:; ~ ~1 I ",.. ,-'i rl~.. V/ '-' ~ \Y V ~'ræ~== ''-'J'~ ~ IJ'.- Fh Á '-0 I-t f ~\ ~ iT'(T i'- Hrr,= ....~ - / . H .u xc- I] _ -H """- I"è::\ L " , II 'T' t.i r "'" /~..- T t:-- h. ~0~ \.cH) lH~ \jIU 4-~Y H~ 7'JKA'/ßJ~lpg} I ~ I - ! r-1" """" I- r::f! .., ./ V\I ./Z'I. Jj .- ~ .<q - r-- ù'>;"" _ '" " . ~ -,. " ,I µ ~J ~ ~ ~ ~r\ Proposed Timing Plans l Future TllDIDg Plans I!!.. rr-./ ~ f- .. _ _ 'L;'- "'- . _ . ~ b ~ .]," ~- ...p. Jf~ t1 ?'~ Ipl Pf7 ;:=¡:;-l%:' Iv U'C..... vW / Legend ¡:::Of= V ê"\. II i7p!!.~>- ""~¿; O-....,"""'''''''''~ : I L~m ~ If I r I I ~¡;;¡(,.. I- Sign..... "'-"'..... :3fá-\ i I I I-~j, ~ll fl'" fTrr "I---~/-" IT -Ir¡..:: f:::::......~ ¡JJ' ~p /; - 4~c-ì If! VI ( I + - Announcements and Information April 14, 2003 Announcements-Council Member Tim Welch The City is asking for suggestions for items to be placed in a time capsule commemorating the City's 50th Anniversary. If you have a suggestion for an item to be included, please contact Jenny Mabry by April 1st at 817-427-6125. Join us for our annual A Lotta Niqht Music concerts at Green Valley Park on Friday, April 25. The Glenn Dorsey Orchestra will be performing from 7:00-9:00 p.m. The concert is free so bring your lawn chairs and blankets for a great evening in the park. Don't forget to vote on Saturday, May 3 for Council Place 1. Polling locations will be open from 7:00 a.m. - 7:00 p.m. Earl~ voting begins this Wednesday, April 16 through April2gfu. Early voting will be held at Ci1y Hall, Monday-Friday, from 8:00am-5:00pm. For further information, call 817-427-6060. The annual Pet Walk-a- Thon will be held on Saturday, May 3"'. Residents can bring their animals to the Animal Adoption and Rescue Center at gam. Animals that are seven years of age will be placed in a special drawing since they will be 50 years in dog/cat years, which is the same age as North Richland Hills! Register at the Animal Adoption and Rescue Center. . Information April 26 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. ,e