HomeMy WebLinkAboutCC 2003-01-13 Agendas
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CITY OF NORTH RICHLAND HILLS
PRE-COUNCIL AGENDA
JANUARY 13, 2003 - 6:10 PM
For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301
Northeast Loop 820.
I NUMBER I ITEM I ACTION I
TAKEN
1. Discuss Items from Regular January 13, 2003 City Council
MeetinQ (5 Minutes)
2. IR 2003-003 Discuss 2003 State Legislative Program (15 Minutes)
3. I R 2003-004 Council Meeting Schedule (5 Minutes)
4. *Executive Session - The Council may enter into closed
Executive Session to discuss the following:
Consultation with City Attorney as Authorized by Government
Code §551.071
Risheg v. North Richland Hills
Davis v. North Richland Hills
5. Adjournment
*Closed due to subject matter as provided by the Open Meetings Law. If any action is
contemplated, it will be taken in open session.
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City Council Agenda
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CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
JANUARY 13,2003 -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 - Larry J. Cunningham, City
Manager
3. Pledge - Larry J. Cunningham, City Manager
4. Special Presentations
Caralee Woods - Volunteer of the Year
Texas Animal Control
5. Removal of Item(s) from the Consent Agenda
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NUMBER ITEM ACTION TAKEN
6. Consent Agenda
a. Minutes of the Pre-Council Meeting
December 09,2002
b. Minutes of the Pre-Council Meeting
December 16, 2002
c. Minutes of the City Council Meeting
December 09,2002
d. Minutes of the City Council Meeting
December 16, 2002
PS 2002-43 e. Consideration of a Request from Rebel
Properties LLC for the approval of the
Final Plat of Lots 1A and 1 B, Block 1
Nob Hill Centre Addition (Located at
6605 Precinct Line Road - .91 Acres)
PS 2002-45 f. Consideration of a request from Davis
Boulevard Partners for the Approval of
the Final Plat of Lots 2R1 and 2R2,
Block 30 of the Holiday North Addition
(Located at 5583 and 5587 Davis
Boulevard - 1.67 acres)
GN 2003-001 g. Set Date for Public Hearing to Consider
Extending Ordinance No. 1994 Juvenile
Curfew Ordinance for Three Years-
Resolution No. 2003-001
GN 2003-002 h. Rescheduling February 10, 2003 City
Council Meeting to February 5, 2003
PU 2003-001 I. Award Bid for Four Mowers to
Saginaw Implement Company in the
Amount of $56,487
PU 2003-002 J. Award Purchase of IBM AS/400
Computer and Hardware Maintenance
to KS2 Technoloiges Approve
Resolution No. 2003-003
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NUMBER ITEM ACTION TAKEN
ConsentAgendaCon1
PU 2003-003 k. Award Annual Contract for the Printing
of Newsletter and Brochures
PAY 2003-001 I. Approve Final Pay Estimate #7 to Craig
Olden, Inc. in the Amount of $12,142.47
for Big Fossil Creek Erosion Control,
Phase II
7. PZ 2002-30 Consideration of a Request from Center Point
Church for Site Plan Approval of a Church
(Located in the 7700-7800 block of Mid-Cities
Boulevard - 8.5 Acres)
8. PZ 2002-38 Public Hearing to Consider a Request by Linda
and Larry Kjeldgaard for a Zoning Change
from "AG" Agricultural to "R-1-S" Special
Single Family Residential and "R-1"
Residential at 7300 Bursey Road - 5.9 acres-
Ordinance No. 2682
9. PZ 2002-32 Public Hearing to Consider a Request from
Mike Clark Representing Margaret Chase
Chambless and Cardinal Lane Investors LLC
for a Zoning Change from "I-L" Light Industrial
and "AG" Agricultural to "0-1" Office at 8901
Cardinal Lane 18.278 Acres - Ordinance No.
2677 (City Council Continued Item at their
December 9, 2002 Meeting)
10. PZ 2002-37 Public Hearing to Consider a Request by UICI
Insurance Company for a Revision to the
Thoroughfare Plan in the 8900 block of
Cardinal Lane - Ordinance No. 2678 (City
Council Continued Item at their December
9, 2002 Meeting)
11. PZ 2002-27 Public Hearing to Consider an Appeal by
Bobby Kuban for a Special Use Permit (SUP)
in the "C-1" Commercial District for a Gasoline
Service Station in the 6300 Block of Davis
Boulevard - Ordinance No. 2681 (Denied by
the Planning and Zoning Commission at
their December 19, 2002 Meeting)
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NUMBER ITEM ACTION TAKEN
12. GN 2003-003 Consideration of 2003 State Legislative
Program
13. GN 2003-004 Consider Resolution Urging State Legislators
to Provide Full Funding for the Texas
Emission Reduction Plan (TERP) or Senate
Bill 5 Enacted During the 77th Legislative
Session - Resolution No. 2003-002
14. GN 2003-005 Resolution of Support for February 1, 2003
Bond Election - Resolution No. 2003-005
15. Action on Any Item Discussed in Executive
Session listed on Pre-Council AQenda
16. a) Citizens Presentation
b) Information and Reports
17. Adjournment
POSTED
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City Council Agenda
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2003- 003
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Date:
Subject:
January 13, 2003
Discuss 2003 State Legislative Program
The state legislative session begins January 14, 2003. The purpose of this report is to
provide you with information regarding our legislative priorities for this session, as the 2003
State Program is on the City Council agenda for approval.
As in the past, we have used four guiding principles to determine positions on the city related
issues we expect will come forward during this session of the legislature. These guiding
principles are local control, a predictable and sufficient level of revenue to provide for our
citizens, opposition to unfunded state mandates, and quality of life. We expect the priorities
this session to included:
· Limiting further exemptions to the sales tax holiday,
· Keeping close tabs on further exemptions and/or freezes on property taxes,
· Fire department staffing issues,
· Public Safety collective bargaining,
· Transportation issues including a sufficient amount of state revenue for the Northeast
.. Transportation Service (NETS), and
,.,. Electric deregulation issues including cost controls.
We will bring you regular updates throughout the session, and will make you aware of any
legislative alerts or contacts that need to be made.
We look forward to discussing this with you Monday, and hearing whether you have any
additional items to add to the program.
:Q;:;(2
Greg Vick
Assistant City Manager
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Paulette Hartman
Assistant to the City Manager
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ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 03-004
~ Date:
T Subject:
January 13, 2003
Council Meeting Schedule
At the last Pre-council meeting, it was brought to Council's attention during the discussion of the
2003 Planning & Zoning Schedule that some of the Council meetings have a potential conflict
with scheduled Council conferences. Council needs to consider the scheduling of three Council
meetings so that the Planning & Zoning schedule can also be adjusted accordingly.
Meetings in conflict and suggested alternate dates are:
Scheduled Meetinq
Potential Conflict
Alternate Dates
March 10, 2003
NLC Conference
Washington, DC
March 7-11, 2003
March 13 (Thursday)
March 17 (third Monday)
December 8, 2003
NLC Conference
Nashville
December 9-13,2003
Not Reschedule
December 15 (third Monday)
March 8, 2004
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NLC Conference
Washington, DC
March 5-9, 2004
March 11 (Thursday)
March 15 (third Monday)
Because the NLC Conference does not begin until December 9, the December 8 meeting could
be held as scheduled. In the past the first day of the conference (December 9) has been
leadership institutes and the opening session is on the second day (December 10). If Council
does not plan to attend any of the Leadership Institutes, this meeting could remain as
scheduled.
Council is requested to review their calendars and provide input as to preference on the meeting
dates.
Respectfully submitted,
(!7tWùê/A- ~
Patricia Hutson
City Secretary
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ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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fu>ecial Presentations
Presenter:
Recipient:
Texas Animal Control Association Volunteer of the
Year Award
Pam Burney and Don Sharp
Caralee Woods
Our Humane Services Division nominated her for
the Outstanding Volunteer of the Year Award. She
did receive the award from the Texas Animal
Control Association.
Award:
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They nominated her for her dedicated efforts to
have the animals at the Animal Adoption and
Rescue Center adopted by loving families. One way
she does this is to take pictures of the adoptable
pets and post them on our Petfinder website. The
Internet exposure has been very beneficial for
adoption efforts. She and her husband, Jim, take
photos of the animals, give them a name, and then
upload their pictures to the website from their
computer at home. The couple also actively
coordinates rescue efforts, which has led to the
adoption of several animals from the Animal
Adoption and Rescue Center.
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MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE
PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST
LOOP 820 - DECEMBER 09,2002 - 6:00 P.M.
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Present:
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Absent:
ITEM
CALL TO ORDER
DISCUSS ITEMS
FROM REGULAR
DECEMBER 09,
2002 CITY
COUNCIL MEETING
Oscar Trevino
Frank Metts, Jr.
Lyle E. Welch
Scott Turnage
David Whitson
Joe D. Tolbert
Timothy J. Welch
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilman
Councilman
Councilman
Larry J. Cunningham
Steve Norwood
Greg Vick
Karen Bostic
Paulette Hartman
Patricia Hutson
Alicia Richardson
George Staples
John Pitstick
Larry Koonce
Mike Curtis
Jenny Mabry
Jim Browne
John Lynn
Clay Caruthers
Chris Swartz
Dave Pendley
City Manager
Assistant City Manager
Assistant City Manager
Managing Director Administrative/Fiscal Services
Assistant to City Manager
City Secretary
Assistant City Secretary
City Attorney
Director of Development
Finance Director
Public Works Director
Communications Director
Parks & Recreation Director
Assistant Police Chief
Budget Manager
Aquatic Manager
Building Official
JoAnn Johnson
Councilwoman
DISCUSSION
ASSIGNMENT
Mayor Trevino called the meeting to order at
6:00 p.m.
Agenda Item No. 10 - LRB 2002-04 -
Councilman Whitson questioned if the car wash
would be a public car wash. Staff advised that it
would be both public and private. Council was
advised that this item is a landscape variance
only and that the current zoning on the property
permits a car wash. There was some
discussion on the parking of used cars at the
site and Council did not favor this. Council was
advised that there is only adequate parking for
the car wash facilit .
NAN
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IR 2002-159
REVIEW
INFORMATION
STRATEGY FOR
BOND PROJECTS
Pre Council Minutes
December 09, 2002
Page 2
Agenda Item No. 11 - GN 2002-136 - Mr. LARRY K./ STEVE N.
Cunningham advised of a revision to the
ordinance calling the bond election. Mr.
Cunningham advised that Council had been
provided with a revised ordinance and explained
that the yellow highlighted portions of the
ordinance were changed from 40 years to 20
years. The City's bond counsel used boilerplate
information in the ordinance and used the 40-
year maximum as allowed by State Law. Staff
requested that it be changed to 20 years, which
are the years of the city's indebtedness.
Council was in favor of the revisions made to
the ordinance and took formal action at the
regular meeting to adopt the revised ordinance.
Agenda Item 13 - GN 2002-138 - Mr. Norwood JOHN P.
advised that on page 6 of the resolution, Staff is
recommending that Council revise (I) (2) to be
more specific. Recommendation is for it to read
"For an expanded, modernized facility, or
redeveloped facility...." There was some
discussion on the auditing of personal property.
Council was advised that it will be advantageous
to the property owner to keep the personal
property on the tax rolls.
Councilman Tolbert present at 6:08 p.m.
Staff reviewed the suggested ideas for informing NAN
and educating the citizens about the bond
election and the timeline provided to the Council
in their agenda packet. Staff is proposing to
prepare informative brochures that will be
distributed through utility bills, city facilities and
area businesses. Information will also be
included in the next newsletter and placed on
Citicable. Council was advised that the City
cannot spend any funds to promote the election,
but can only inform and educate. Staff's
understanding is that the Citizens Committee
that studied the bond issues is forming a
committee of representatives to market and
promote the bond projects. The committee is
allowed to use the City's printed educational
data to inform the ublic. Councilman Whitson
4
IR 2002- 161
UPDATE ON RUFE
SNOW MARKETING
PLAN
ADJOURNMENT
Pre Council Minutes
December 09,2002
Page 3
requested a copy of the Citicable schedule for
airing the information on the bond election.
Mayor Trevino advised that even though this
item did not affect his company or him directly,
he was opting to abstain from discussion.
Mayor Trevino abstained from discussion and
Mayor Pro Tern Metts presided over this item of
the meeting.
Mr. Pitstick advised the City was partnering with
the City of Watauga to assist businesses along
Rufe Snow during construction. A Rufe Snow
Savings Program is being introduced and the
Star Telegram, Northeast Newspaper and Val-
Pak are providing reduced advertising for
businesses along Rufe Snow. The City is in the
process of printing savings cards to be
distributed to the public. The cards will
advertise the Rufe Snow website that will
contain special savings, discounts and special
offers from Rufe Snow businesses. The
businesses will also be displaying a poster
advertising their participation in the program.
Mr. Pitstick advised that the businesses have
asked for less stringent sign regulations during
construction to help with business. Staff will be JOHN P. I STEVE N.
bringing to Council some revisions to the sign
ordinance to assist businesses during
construction. The proposed revisions will allow
two portable signs per year instead of one and
extra banners.
Mayor Trevino announced at 6:21 p.m. that the
Council would adjourn to Executive Session for
deliberation regarding economic development
as authorized by Government Code §551.087 to
discuss the offer of financial incentive to
business prospect which City is conducting
economic develo ment ne otiations to have
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Pre Council Minutes
December 09,2002
Page 4
such business locate in city limits and
consultation with City Attorney as authorized by
Government Code §551.072 for Davis vs. North
Richland Hills and to consult with City Attorney
concerning settlement of Gonzales case. Mayor
Trevino announced at 6:58 p.m. that the Council
would adjourn to the regular Council meeting
Oscar Trevino - Mayor
ATTEST:
Patricia Hutson - City Secretary
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MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY
OF NORTH RICH LAND HILLS, TEXAS, HELD IN THE
PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST
LOOP 820 - DECEMBER 16, 2002 - 6:10 P.M.
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Present:
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Absent:
ITEM
CALL TO ORDER
DISCUSS ITEMS
FROM SPECIAL
DECEMBER 16,
2002 CITY
COUNCIL MEETING
IR 2002-163
REVIEW
PROGRESS OF
NORTH HILLS
ALL EXPANSION,
EDEVELOPMENT
AND CONTRACT
ISSUES
Oscar Trevino
Lyle E. Welch
Scott Turnage
JoAnn Johnson
Joe D. Tolbert
Timothy J. Welch
Mayor
Councilman
Councilman
Councilwoman
Councilman
Councilman
Larry J. Cunningham
Steve Norwood
Greg Vick
Karen Bostic
Paulette Hartman
Patricia Hutson
Alicia Richardson
George Staples
John Pitstick
Larry Koonce
Mike Curtis
Jenny Mabry
Jim Browne
Chris Swartz
City Manager
Assistant City Manager
Assistant City Manager
Managing Director Administrative/Fiscal Services
Assistant to City Manager
City Secretary
Assistant City Secretary
City Attorney
. Director of Development
. Finance Director
Public Works Director
Communications Director
Parks & Recreation Director
Aquatic Manager
Frank Metts, Jr.
David Whitson
Mayor Pro T em
Councilman
DISCUSSION
ASSIGNMENT
Mayor Trevino called the meeting to order at
6:10 .m.
No discussion or questions.
Mr. Norwood gave an update on the status of
the North Hills Mall improvements. Council was
advised that Mr. Burk Collins and Mr. Steve
King were not able to be present tonight to
provide an update to Council. Mr. Norwood
gave a brief overview of the project and the key
components. Mr. Norwood explained that the
hold-up on the project is the financing; Mr.
Collins still has not obtained necessa
IR 2002 -165
UPDATE ON NEW
PLANNING AND
ZONING PROCESS
IR 2002-164
DISCUSS 2003
LEGISLATIVE
PROGRAM FOR
STATE AND
FEDERAL ISSUES
DJOURNMENT
Pre Council Minutes
December 16,2002
Page 2
financing but is still optimistic that financing will NAN
be a roved.
Mr. Pitstick presented to Council the 2003
Development Review Process Schedule. The
13-week schedule with one deadline each
month will give the applicants and City adequate
time to submit, review and revise plans. This
schedule is in response to concerns and input
received from a meeting with developers,
builders and engineers. All development items
will be presented at a single meeting each
month to the Planning & Zoning Commission
and the Council will also have one meeting per
month with development action items. Straight
zoning requests and simple plats will be brought
forward for action quicker than the 13-week
process. Council discussed extensively the new
process, and their concerns with the schedule
and meetings. Council agreed to proceed with
the new process on a trial basis. Staff will bring
it back to Council for review at the second
meeting in March. Staff brought to Council's
attention Council meeting dates on the schedule
that conflict with Council conferences. Staff was
instructed to survey for the Council by fax to
determine whether the conflicting meetings
should be rescheduled to a different date.
Council was advised that a decision needed to
be reached soon on the February 10 meeting.
Council agreed to reschedule the February 10
meeting to February 5. J.PitsticklS.Norwood
Mr. Vick presented the 2003 legislative program
for State and Federal issues. Mr. Vick briefly
highlighted anticipated issues and legislation the
City will be monitoring. Council concurred with
the program and Staff will place on action item
on a future agenda for formal Council approval
of the program. G.Vick
Mayor Trevino announced at 6:55 p.m. that the
Council would adjourn to the regular Council
meeting.
01"
Pre Council Minutes
December 16, 2002
Page 3
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Oscar Trevino - Mayor
ATTEST:
Patricia Hutson - City Secretary
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MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 - DECEMBER 09, 2002 - 7:00 P.M.
1.
CALL TO ORDER
Mayor Trevino called the meeting to order December 9, 2002 at 7:06 p.m.
ROLL CALL
Present:
Oscar Trevino
Frank Metts, Jr.
Lyle E. Welch
Scott Turnage
David Whitson
Joe D. Tolbert
Timothy J. Welch
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilman
Councilman
Councilman
Staff:
Larry J. Cunningham
Steve Norwood
Greg Vick
Karen Bostic
Patricia Hutson
Alicia Richardson
George Staples
City Manager
Assistant City Manager
Assistant City Manager
Managing Director Administrative/Fiscal Services
City Secretary
Assistant City Secretary
Attorney
Absent
Councilwoman
JoAnn Johnson
2.
INVOCATION
Daniel Arnold, Executive Board Student Council, Richland High School gave the
invocation.
3.
PLEDGE OF ALLEGIANCE
Kelly Hourihan, Executive Board Student Council, Richland High School, led the pledge
of allegiance.
4.
SPECIAL PRESENTATIONS
NE CHAMBER MEMBER OF THE YEAR - PHYL BALOGA
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City Council Minutes
December 09, 2002
Page 2
Mr. Bob Hamilton, Northeast Chamber, presented Ms. Phyl Baloga, Administrative
Secretary, Economic Development, with the Northeast Chamber of Commerce Member
of the Year award for 2002.
Mayor Trevino and Mayor Pro Tem Metts presented a Certificate of Recognition from
the City to Ms. Baloga recognizing her for receiving the Chamber award and her efforts
in representing the City at Chamber events. Mayor Trevino and Mayor Pro Tem Metts
also presented Ms. Baloga with a plaque from Senator Jane Nelson recognizing her
achievements. .
MOTHERS AND MORE BUSINESS AWARD
PRESENTED TO NRH RECREATION CENTER-
GINA SWANN, CO-LEADER OF MOTHERS & MORE
Ms. Gina Swann, Co-leader of Mothers and More, presented to the North Richland Hills
Recreation staff the Mothers and More Business Award for their role in involving
mothers and children in recreation activities.
KEEP NRH BEAUTIFUL CHRISTMAS LIGHTING AWARD CONTEST WINNERS
Councilman Whitson and John Paraskevas recognized the Keep NRH Beautiful
Christmas Lighting award contest winners:
Larry Harper, 5944 Tourist; Tod & Susie Brooks, 4605 Deville; Ron & Peggy Olman
6513 Meadow Lake Court; Curtis & Robyn Hodnett, 5527 Meadow Oak; Larry
Weatherby, 8101 Emerald Hills; Javier Esquivel, 7516 Chapman; Greg & Tina Clifton
8912 Amundson; Steve & Patti Wheeler, 7405 Windcrest and Kevin & Cynthia Keck,
8605 Saddle Ridge Trail.
5.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
6.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A. MINUTES OF THE PRE-COUNCIL MEETING NOVEMBER 25, 2002
B. MINUTES OF THE CITY COUNCIL MEETING NOVEMBER 25, 2002
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City Council Minutes
December 09, 2002
Page 3
C. GN 2002-141 AUTHORIZING THE PASS-THROUGH OF JUVENILE
ACCOUNTABILITY INCENTIVE BLOCK GRANT FUNDS $14,100 TO TARRANT
COUNTY JUVENILE SERVICES - RESOLUTION NO. 2002-093
COUNCILMAN TIM WELCH MOVED, SECONDED BY COUNCILMAN WHITSON, TO APPROVE THE
CONSENT AGENDA.
Motion to approve carried 6-0.
7.
PZ 2002-22 PUBLIC HEARING TO CONSIDER PROPOSED
REVISIONS TO THE MASONRY REQUIREMENTS OF
THE ZONING ORDINANCE - ORDINANCE NO. 2649
APPROVED
Mayor Trevino opened the public hearing.
Mr. John Pitstick, Director of Development, presented the recommendations of the
Planning & Zoning Commission. The Planning & Zoning Commission is recommending
a more detailed definition for residential and revising the masonry percentages from
75% to 85% on residential structures and will include the entire wall elevation, not just
the first floor. Non-residential masonry requirements include keeping the 100%
masonry with a change in the definition to allow 15% of any exterior wall to alternative
masonry systems above 8 feet from the ground.
Mr. Dave Pendley, Building Official was present with examples of masonry
requirements.
Mr. Pitstick read the definition of masonry requirements for residential and non-
residential.
Mayor Trevino called for those wishing to speak in favor to come forward.
There being no one wishing to speak Mayor Trevino called for anyone wishing to speak
in opposition to come forward.
There being no one wishing to speak Mayor Trevino closed the Public Hearing.
COUNCILMAN TOLBERT MOVED, SECONDED BY MAYOR PRO TEM METTS, TO APPROVE
ORDINANCE No. 2649.
Motion to approved carried 6-0.
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City Council Minutes
December 09, 2002
Page 4
8.
PZ 2002-32 PUBLIC HEARING TO CONSIDER A REQUEST FROM MIKE CLARK
REPRESENTING MARGARET CHASE CHAMBLESS AND CARDINAL LANE
INVESTORS LLC FOR A ZONING CHANGE FROM "I-L" LIGHT INDUSTRIAL AND
"AG"AGRICULTURAL TO "0-1" OFFICE (LOCATED IN THE 8900 BLOCK OF
CARDINAL LANE) 18.278 ACRES - ORDINANCE NO. 2677
CONTINUED TO JANUARY 13. 2003
Mayor Trevino opened the Public Hearing and asked City Council for a motion to
continue to the January 13, 2003 meeting as requested by the applicant.
COUNCILMAN WHITSON MOVED TO CONTINUE THE PUBLIC HEARING FOR PZ 2002..32 TO THE
JANUARY 13, 2003 COUNCIL MEETING. COUNCILMAN LYLE WELCH SECONDED THE MOTION.
Motion to continue carried 6-0.
9.
PZ 2002-37 PUBLIC HEARING TO CONSIDER A REQUEST BY UICIINSURANCE
COMPANY FOR A REVISION TO THE THOROUGHFARE PLAN (LOCATED IN THE
VICINITY OF THE 8900 BLOCK OF CARDINAL LANE) - ORDINANCE NO. 2678
CONTINUED TO JANUARY 13. 2003
Mayor Trevino opened the Public Hearing and asked City Council for a motion to
continue to the January 13, 2003 meeting as requested by the applicant.
COUNCILMAN LYLE WELCH MOVED TO CONTINUE THE PUBLIC HEARING FOR PZ 2002-37 TO
THE JANUARY 13, 2003 COUNCIL MEETING. COUNCILMAN WHITSON SECONDED THE MOTION.
Motion to continue carried 6-0.
10.
LRB 2002-04 PUBLIC HEARING TO CONSIDER A VARIANCE
REQUEST BY FRAN MCCARTHY ON BEHALF OF
ALAN YOUNG BUICKJPONTIAC/GMC FROM ORDINANCE NO. 2473
LANDSCAPE REGULATIONS AT 7700 GRAPEVINE HIGHWAY
APPROVED
Mayor Trevino opened the Public Hearing.
Mr. Fran McCarthy, representing Alan Young, appeared before the Council. Mr.
McCarthy, advised council that Mr. Young is wanting to enhance his dealership and
provide additional services to the community by building a car wash and oil change
center. Mr. McCarthy advised that because of the configuration of the property, Mr.
Young is not able to meet the required 15-foot landscape setback. Mr. McCarthy
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City Council Minutes
December 09, 2002
Page 5
explained they are able to obtain 2,900 square feet of landscape buffer with an
additional 5,100 feet of landscape in the greenbelt area outside of the property line in
the right-of-way and 4,300 square feet of landscaping to the south and west of the
property.
Mr. Pitstick summarized the case, and presented staff recommendations. Mr. Pitstick
advised that the landscape plan proposes a minimum 15 feet of landscaping in the
Loop 820 right-of-way beginning at the northeast corner and extending to 22 feet along
the Grapevine Highway frontage. Staff does not object to the proposed landscape plan
as long as the applicant obtains permission from TXDOT to landscape the highway
right-of-way.
Mayor Trevino called for anyone wishing to speak for or against to come forward.
Mayor Trevino advised that Roselle Abarca, owner of Car Painters Collision, wished to
go on record as being opposed to the request.
Mr. Henry Schuman, Jr., owner of property directly behind proposed request, Schuman
Automotive, was opposed to the request. Mr. Schuman advised he had talked with Mr.
Curtis, Public Works Director, about his concerns, and requested that Mr. Curtis come
forward to present his concerns.
Mr. Curtis advised Mr. Schuman is concerned with the access easement. The
Landscape Plan does show an access easement to serve several other properties.
According to documents received tonight from Mr. Schuman the easement appears to
be private and not a public access easement. Mr. Schuman is concerned that driveway
will be utilized for another development and he personally controls the driveway access.
Staff has not had time to review the documents, but does not see access to the site as
an issue. At the time the site plan is submitted, Public Works will review and evaluate
access at that time. Mr. Schuman is opposed to the easement being used by the
general public.
Mr. Cunningham advised council that the request under consideration is a landscape
variance request. If the variance were to be impacted by the access easement it could
be considered with request. Mr. Cunningham advised the landscape plan does not
impact the easement and that the easement will have to be considered under the site
plan review.
Mr. Norwood clarified that this will not come back to Council as a site plan; that Mr.
Curtis was referring to an internal site plan review. The site plan review will be handled
at staff level.
Mr. Schuman addressed the Council and voiced his opposition to the request. Mr.
Schuman felt that the proposed landscape in the right-of-way would cause traffic
problems.
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City Council Minutes
December 09, 2002
Page 6
Mayo Trevino called for anyone wishing to speak in favor to come forward.
Mr. Alan Young, owner, spoke in favor of the request. Mr. Young advised his objective
was to improve the corner aesthetically and that when the Enterprise Rent Car business
moves to the new building, most likely the vacated building will be demolished which will
improve visibility at the site.
There being no one else wishing to speak Mayor Trevino closed the public hearing.
COUNCILMAN TOLBERT MOVED TO APPROVE LRB 2002..Q4, WITH THE PROVISION THAT IF
TXDOT DOES NOT GRANT THE 15-FOOT SETBACK TO ALLOW FOR LANDSCAPING IN THE RIGHT-
OF..WAY, THAT THE APPLICANT BE REQUIRED TO FOLLOW NORMAL LANDSCAPE REQUIREMENTS.
Motion to approve carried 6-0.
11.
GN 2002-136 ORDERING BOND ELECTION FOR FEBRUARY 1, 2003 -
ORDINANCE NO. 2679
APPROVED
Mr. Norwood presented the proposed Ordinance calling for a bond election for February
1, 2003.
COUNCILMAN TURNAGE MOVED, SECONDED BY MAYOR PRO TEM METTS, TO APPROVE GN
2002-136, ORDINANCE No. 2679, CALLING FOR A BOND ELECTION FOR FEBRUARY 1, 2003~
Motion to approve carried 6-0.
Mayor Trevino advised that Councilwoman Johnson could not be present tonight but
wished to go on record as being in support of the bond election.
12.
GN 2002-137 TXU ELECTRIC AND GAS FRANCHISE FEE SETTLEMENT
AGREEMENT - RESOLUTION NO. 2002-095 AND ADOPTION OF
IMPLEMENTATION ORDINANCES - ORDINANCE NO'S. 2675 AND 2676
APPROVED
Mr.Greg Vick briefed the Council on the TXU Electric and Gas Franchise settlement
agreement.
COUNCILMAN WHITSON MOVED TO APPROVE RESOLUTION No. 2002-095 AUTHORIZING THE
EXECUTION OF THE SETTLEMENT AGREEMENT AND APPROVE ORDINANCE NUMBERS 2675 AND
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City Council Minutes
December 09,2002
Page 7
2676 AMENDING THE CITY'S ELECTRIC AND GAS FRANCHISES. COUNCILMAN LYLE WELCH
SECONDED THE MOTION.
Motion to approve carried 6-0.
13.
GN 2002-138 RESOLUTION REVISING GUIDELINES AND CRITERIA FOR
GRANTING TAX ABATEMENTS IN REINVESTMENT ZONES CREATED IN THE
CITY OF NORTH RICH LAND HILLS - RESOLUTION NO. 2002-097
APPROVED
Mr. Pitstick presented the proposed resolution updating the guidelines and criteria for
granting tax abatements in reinvestment zones. Primary change is to allow for the
redevelopment of existing properties. The proposed resolution will allow the city to
develop tax abatement for either real or personal property by adding a definition for
redevelopment. As discussed in Pre-Council, (I) (2) has been revised to read "For an
expanded, modernized facility, or redeveloped facility..."
MAYOR PRO TEM METTS MOVED, SECONDED BY COUNCILMAN TURNAGE, TO APPROVE GN
2002..138, RESOLUTION No. 2002..Q97. COUNCILMAN TURNAGE SECONDED THE MOTION.
e Motion to approved carried 6-0.
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14.
GN 2002-139 APPOINTMENTS TO NAMING BOARD
APPROVED
Ms. Patricia Hutson, City Secretary, advised that the ordinance establishing the Naming
Board states that appointments are to be made annually by the Mayor, subject to City
Council approval. Mayor Trevino is recommending that Mayor Pro Tem Metts,
Councilman Tolbert, and Mayor Trevino be appointed to the Naming Board.
COUNCILMAN LYLE WELCH MOVED TO APPROVE GN 2002-139, APPROVING THE MAYOR'S
APPOINTMENTS TO THE NAMING BOARD. COUNCILMAN TIM WELCH SECONDED THE MOTION.
Motion to approve carried 6-0.
15.
GN 2002-140 PLACE 7 APPOINTMENTS TO KEEP NORTH RICHLAND HILLS
BEAUTIFUL COMMISSION AND BOARD OF ADJUSTMENT
APPROVED
The City Secretary advised Council of the vacancies for Place 7 on the Keep North
Richland Hills Beautiful Commission and Board of Adjustment. Councilman Tim
Welch's recommendation is to appoint Ms. Holly Bullington to Place 7 on the Keep
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City Council Minutes
December 09, 2002
Page 8
North Richland Hills Beautiful Commission and Mr. Ken Sapp to Place 7 on the Board
of Adjustment, terms expiring 6/30/2003.
COUNCILMAN TURNAGE MOVED, SECONDED BY COUNCILMAN LYLE WELCH, TO APPROVE THE
PLACE 7 APPOINTMENTS OF Ms. HOLLY BULLINGTON TO THE KEEP NORTH RICHLAND HILLS
BEAUTIFUL COMMISSION AND MR.. KEN SAPP TO THE BOARD OF ADJUSTMENT.
Motion to approve carried 6-0.
16.
PW 2002-016 AWARD OF BID TO SRO IN THE AMOUNT OF $1,357,775.00 FOR
THE CRANE ROAD PAVING AND DRAINAGE IMPROVEMENTS AND REVISE THE
2002-03 CAPITAL PROJECTS BUDGET
AWARDED TO MCCLENDON CONSTRUCTION IN THE
AMOUNT OF $1.105.574.72
Mr. Norwood presented the project and the bids received for the project. Council was
advised that the project was bid as a base bid consisting of paving, street, drainage and
sidewalks and also as an alternate consisting of off-site drainage improvements.
McClendon Construction has the lowest bid for the base bid and SRO has the lowest
bid for the alternate bid. Staff has reconsidered the need to move funds to finance the
project and is recommending that Council approve the base bid of McClendon
Construction in the amount of $1,105,574.72. The offsite drainage can be done at later
time without an immediate impact.
COUNCILMAN TOLBERT MOVED TO AWARD THE BASE BID TO MCCLENDON CONSTRUCTION
COMPANY. COUNCILMAN TURNAGE SECONDED THE MOTION.
Motion to approve carried 6-0.
17.
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION
LISTED ON PRE-COUNCIL AGENDA
No action needed.
18.
A. CITIZENS PRESENTATION
None.
B. INFORMATION AND REPORTS
e Councilman Turnage made the following announcements.
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City Council Minutes
December 09,2002
Page 9
Bring your pets and family to the Animal Adoption and Rescue Center on Thursday,
December 12, and have your pet's photos taken with Santa.
Enjoy a live woodturning demonstration at the NRH Public Library on Saturday,
December 14 from 9:00 a.m. -1 :00 p.m.
We will have our last City Council meeting of the year on December 16 at 7:00 p.m.
Register for winter recreation classes.
Critter Connection open at North Hills Mall December 21 - 1 0:00am - 6:00pm
NRH20 2002 ANNUAL REPORT
Mr. Chris Swartz, NRH20 Manager, presented a PowerPoint presentation of the 2002
NRH20 Season Report.
19.
ADJOURNMENT
e Mayor Trevino adjourned the meeting at 8:35 p.m.
e
Oscar Trevino - Mayor
ATTEST:
Patricia Hutson - City Secretary
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\
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 - DECEMBER 16, 2002 -7:00 P.M.
1.
CALL TO ORDER
Mayor Trevino called the meeting to order December 16, 2002 at 7:04 p.m.
ROLL CALL
Present:
Oscar Trevino
Lyle E. Welch
Scott Turnage
JoAnn Johnson
Joe D. Tolbert
Timothy J. Welch
Mayor
Councilman
Councilman
Councilwoman
Councilman
Councilman
Staff:
Larry J. Cunningham
Steve Norwood
Greg Vick
Karen Bostic
Patricia Hutson
Alicia Richardson
George Staples
City Manager
Assistant City Manager
Assistant City Manager
Managing Director Administrative/Fiscal Services
City Secretary
Assistant City Secretary
Attorney
Absent:
Frank Metts, Jr.
David Whitson
Mayor Pro T em
Councilman
2.
INVOCATION
Students from Snow Height Elementary gave the invocation.
3.
PLEDGE OF ALLEGIANCE
Students from Snow Height Elementary led the pledge.
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City Council Minutes
December 16,2002
Page 2
4.
SPECIAL PRESENTATIONS
SNOW HEIGHTS ELEMENTARY CHOIR -
Councilman Turnage presented a certificate to Snow Heights Elementary for their
participation in the council meeting.
RECOGNITION OF NIGHT OF HOLIDAY MAGIC COMMITTEE
Mr. Cunningham and Mayor Trevino recognized the following members of the Night of
Holiday Magic Committee for their time and effort.
Vickie Loftice, Event Chair; Pam Burney, Event Co-Chair; Debbie Durko, Thomas
Powell, Jenny Mabry, Stacy Smith, Sharon Davis, Paulette Hartman, Debbie Privett,
Jimmy Cates, Lisa Juren, Andy Kancel, Kirk Marcum, Steve Brown and Gary
Bechthold.
5.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
6.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A. PW 2002-017 AWARD OF BID TO SMITH CONTRACTORS INC. IN THE AMOUNT
OF $67,317 FOR THE JESTER COURT/SQUIRE COURT DRAINAGE
IMPROVEMENTS PROJECT
COUNCILMAN TOLBERT MOVED, SECONDED BY COUNCILMAN LYLE E. WELCH
TO APPROVE THE CONSENT AGENDA.
Motion to approve carried 5-0.
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City Council Minutes
December 16, 2002
Page 3
7.
GN 2002 - 142 SUPPORTING THE TEXAS PARKS AND WILDLIFE PROGRAM FOR
PARKLAND ACQUISITION AND DEVELOPMENT OF PARKS AND RECREATION
FACILITIES - RESOLUTION NO. 2002- 096
APPROVED
Mr. Jim Browne, Director of Parks and Recreation, advised council that the resolution
supports the management of the Texas Recreation and Parks account by the Texas
Parks & Wildlife Department and Commission. The Park and Recreation Board
discussed and voted unanimously in favor of resolution.
Councilman Tim Welch asked Mr. Browne how much money the City has received in
the last few years.
Mr. Browne advised council that the City has received 2.6 million from this particular
program.
COUNCILMAN TURNAGE MOVED TO APPROVE GN 2002-142. COUNCILMAN LYLE E. WELCH
SECONDED THE MOTION.
Motion to approved carried 5-0.
8.
GN 2002 - 143 AMENDING SIGN REGULATIONS TO ALLOW ADDITIONAL
PORTABLE SIGNS FOR BUSINESSES DURING MAJOR ROADWAY
CONSTRUCTION - ORDINANCE NO. 2680
APPROVED
Mr. John Pitstick, Director of Development, advised council that the current sign
ordinance only allows for one portable sign per year for a total of 10 days. Staff has
met with business owners to determine what additional signs would provide the best
help to their businesses. The business owners advised staff that additional portable
signs would provide the best advertising. Staff has prepared an amendment to the sign
ordinance that would help businesses during major roadway construction. The
suggested change would allow business owners two portable signs per year per
business for a total of 16 days for each sign.
Councilman Tim Welch asked Mr. Pitstick if the entire length of Rufe Snow would be
included under this amendment.
Mr. Pitstick advised council that currently it would be where the current construction
activity is located (Mid Cities to NE Loop 820). This ordinance would apply to any
construction in the City that would last more than six months.
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City Council Minutes
December 16, 2002
Page 4
Councilman Lyle E. Welch asked Mr. Pitstick if businesses in strip centers would be
allowed to have a sign between three or four tenants.
Mr. Pitstick advised council that it would be possible for multiple tenants to use the sign
for sixteen days.
Councilman Turnage asked if there were any thoughts or consideration to extend
beyond Mid Cities Boulevard on Rufe Snow.
Mr. Pitstick advised council that staff was looking at a citywide ordinance.
COUNCILWOMAN JOHNSON MOVED TO PASS GN 2002-143, ORDINANCE No. 2680.
COUNCILMAN TIM WELCH SECONDED THE MOTION.
Councilman Turnage asked staff how they intended to notify businesses along Rufe
Snow.
Mr. Pitstick advised council that literature would be mailed to Rufe Snow businesses.
Motion to approve carried 5-0.
9.
PU 2002 - 048 APPROVE PROFESSIONAL SERVICES CONTRACT WITH KIMLEY-
HORN FOR WATER PARK PROJECT - RESOLUTION NO. 2002 - 099
APPROVED
Ms. Karen Bostic, Managing Director Administrative/Fiscal Services advised council that
18 requests for proposals were issued to consultants for the NRH20 water attraction
project. The project involves the installation and construction of a themed multi-level
interactive complex (MLlC) for a total cost of 2.9 million. Staff received five proposals
from the following consultants: Brinkley Sargent Architects, C.T. Brannon Corporation,
Kimley-Horn and Associates, Inc., North Beach Engineering, Inc. and Water
Technology, Inc.
A committee was appointed to review the proposals. Those serving on the committee
were Karen Bostic, Chris Swartz, Lance Barton, Ken Raney, Ashley Stathatos, Sharon
Davis and Ton Van Hooser. The committee evaluated the proposals on the following
criteria:
e
Previous experience with similar projects
- Qualification of the project manager and key staff
Proven ability to meet specifications and deadlines
- Quality of previous work based on references
City Council Minutes
December 16, 2002
Page 5
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Past record with the City
Evidence that the firm is active and financially stable
Firm's current workload
Degree of responsibility accepted by the firm for technical aspects of the
project
Reasonableness of approach to management of the project
The committee interviewed Brinkley Sargent Architects, Kimley-Horn and Associates,
Inc. and Water Technology. Staff negotiated a construction administration contract with
Kimley-Horn Associates, Inc. not to exceed the amount of $275,000. Kimley-Horn will
oversee all elements of the engineering, design and actual construction coordination.
Kimley-Horn will be the primary engineer that will be coordinating and managing all of
the design elements in working with Counsilman-Hunsaker (pool planning and design)
and Davis and Davis (theme elements). In addition to the new structure the negotiated
amount includes the expansion of the existing parking lot to the west.
COUNCILMAN LYLE E. WELCH MOVED TO APPROVE PU 2002-048. COUNCILMAN TOLBERT
SECONDED THE MOTION.
Motion to approve carried 5-0.
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10.
PW 2002 - 018 APPROVE ENGINEERING AGREEMENT WITH FREESE AND
NICHOLS, INC. IN THE AMOUNT OF $48,255 FOR THE DESIGN OF THE
MEANDERING DRIVE 24 -INCH WATER LINE - RESOLUTION NO. 2002 - 098
APPROVED
Mr. Steve Norwood, Assistant City Manager, advised council that the project would
consist of constructing a new 24-inch water line within the Meandering Drive right-of-
way. The existing 24-inch waterline has split which caused a water outage for two days
last year. The water line provides a major source of Trinity River Authority (TRA) water
to the City and it is critical that the line be operational by July 1, 2003. Public Works'
staff will be constructing a new 8-inch water line and relocating the existing residential
water services from the 24-inch water line prior to the contractor beginning the
construction of the new 24-inch water line.
Staff received 19 letters of interest from engineering firms and staff selected three firms
that provided the most aggressive design schedule. The three firms interviewed were
Freese and Nichols, Inc., Graham Associates, Inc. and Turner Collie and Braden, Inc.
Staff is recommending Freese and Nichols be awarded the engineering agreement.
Freese and Nichols agreed to a 10% charge if they do not complete their engineering
e by February 2003.
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City Council Minutes
December 16, 2002
Page 6
Councilman Lyle E. Welch asked staff if Freese and Nichols have worked for the City.
Mr. Norwood advised council that Freese and Nichols have not worked for the City.
Councilman Tim Welch asked Mr. Norwood for the total length of the 24-inch line.
Mr. Norwood advised council that the portion being replaced is from Precinct Line to
Amundson.
COUNCILMAN TIM WELCH MOVED TO APPROVE PW 2002..018, RESOLUTION No. 2002..098.
COUNCILMAN TOLBERT SECONDED THE MOTION.
Motion to approve carried 5-0.
11.
A. CITIZENS PRESENTATION
None.
B.INFORMATION AND REPORTS
Councilwoman Johnson announced the following.
This will be the last City Council meeting of the year. The next City Council meeting will
be on January 13th.
The City of North Richland Hills Offices will be closed on Wednesday, December 25th in
observance of the Christmas Holiday. We will re-open on Thursday, December 26th.
The City of North Richland Hills Offices will be closed on Wednesday, January 1S\ in
observance of the New Year's Day holiday. We will re-open on Thursday, January 2nd.
Be sure to register for winter recreation classes! We now have online registration at
www.recxpress.nrhtx.com or you can call the Recreation Center at 817-427-6600.
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December 21
Critter Connection
North Hills Mall
10:00 a.m. - 6:00 p.m.
817-427-6570
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City Council Minutes
December 16, 2002
Page 7
12.
ADJOURNMENT
Mayor Trevino adjourned the meeting at 7:51 p.m.
ATTEST:
Oscar Trevino - Mayor
Patricia Hutson - City Secretary
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CITY OF
NORTH RICHLAND HILLS
. Department: Planning & Inspections Department
Council Meeting Date: 1/13/03
Subject: Consideration of a Request from Rebel Properties LLC Agenda Number: PS 2002-43
for the approval of the Final Plat of Lots 1A and 1B, Block 1 Nob Hill Centre Addition
located at 6605 Precinct Line Road (.91 acres).
Case Summary:
The purpose of this replat is to subdivide an existing .91 acre lot into two lots, i.e. Lots 1A and
1 B. The applicant is proposing an office development consisting of one building on each lot.
The site has frontage on Precinct Line Road.
Current Zoning
The site is currently zoned "C-1" Commercial
Comprehensive Plan
The Comprehensive Plan indicates retail uses for the area. The proposed use is consistent
with the Plan as business offices are generally accepted as low intensity nonresidential uses.
Thoroughfare Plan
The site has frontage on Precinct Line Road, a 6 lane, divided arterial of 120' of ROW. No
additional ROW is required for this replat.
.
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 relevant issues have been resolved.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission at their meeting on, December 19, 2002, recommended
approval of PS 2002-43 by a vote of 5-0.
RECOMMENDATION:
To approve PS 2002-43 Lots 1A and 1B, Block 1, Nob Hill Centre Addition.
Finance Review
.
Source of Funds:
Bonds (GOlRev.)
Operating Budget
Other = øJ
~d2~
Account Number
Sufficient Funds A vallaôle
Finance Director
Department Head Signature
~c~
PS 2002-43 Nob Hill Centre Addition CC
·
·
·
7.
PS 2002-43
CONSIDERATION OF A REQUEST FROM REBEL PROPERTIES LLC FOR THE
APPROVAL OF THE FINAL PLAT OF LOTS 1A AND 18, BLOCK 1 NOB HILL
CENTRE ADDITION LOCATED AT 6605 PRECINCT LINE ROAD (.91 ACRES).
APPROVED
Zoning Administrator Dave Green summarized the request. Mr. Green noted that this
property is located on the west-side of Precinct Line Road and is zoned "C-1 n
Commercial. There is a second lot behind this property (to the west) which is accessed
by an easement that runs along the northern boundary of the subject site. This request
involves subdividing the existing lot into two lots and moving the access easement from
the northern boundary line to between the two proposed lots. Staff recommends
approval.
Chairman Don Bowen called for a motion.
Mr. Nehring, seconded by Mr. Laubacher, motioned to approve PS 2002-43. The
motion carried unanimously (5-0).
Page 5 12/19102
P & Z Minutes
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PS 2002-43
Lot 1 A & 1 B
Nab Hill Addition Replat
Prepared by Kellie Smith/Planning Dept.
12/12/02
o
I
300
600 Feet
NI~H
CITY OF NORTH RICHLAND HILLS
.
Public Works 1 Administration
November 22, 2002
MEMO TO: Donna Jackson, Planner
FROM:
Lance Barton, Assistant Public Works Director
RE:
NOB HILL PLAT
We have reviewed the plat submitted to this office on November 8,2002 and have the
following comments:
. 1. All public works comments have been addressed.
b-P&
Lance J. Barton, P.E.
Assistant Public Works Director
LJB/gslpwmemo2002-127
cc: Mike Curtis, P. E., Public Works Director
.
P.O. Box 820609 * North Richland Hiils, Texas 76182-0609
7301 Northeast Loop 820 * (817) 427-6400 * Fax (817) 427-6404
.-
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department
Council Meeting Date: 1/13/03
Subject: Consideration of a ReQuest from Davis Boulevard Partners Agenda Number: PS 2002-45
for the approval of the Final Plat of Lots 2R1 and 2R2, Block 30 of the Holiday North
Addition, Section 8 located at 5583 and 5587 Davis Boulevard (1.67 acres ).
Case Summary:
The existing lot contains two fairly new office buildings. The purpose of this replat is to place
each of the buildings on an individual lot for the purpose of sale.
Current Zoning
The lot is currently zoned "C-2" Commercial.
Comprehensive Plan
The Comprehensive Plan indicates retail uses for the area. The proposed use is consistent
with the Plan as business offices are considered as low intensity nonresidential uses.
Thoroughfare Plan
The site has frontage on Davis Boulevard, a proposed 6 lane, divided arterial of 120' of ROW.
No additional ROW is required for this replat
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 relevant issues have been resolved.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission at their meeting on, December 19, 2002, recommended
approval of PS 2002-45 by a vote of 5-0.
RECOMMENDATION:
To approve PS 2002- 45 Lots 2R1 and 2R2, Block 30 Holiday North Section 8 Addition.
Finance Review
Source of Funds:
Bonds (GOlRev.)
Operating Budget
Other = ~
~C£~
Account Number
Sufficient Funds A vaIJable
Department Head Signature
Finance Director
.
.
.
9.
PS 2002-45
CONSIDERATION OF A REQUEST FROM DAVIS BOULEVARD PARTNERS FOR
THE APPROVAL OF THE FINAL PLAT OF LOTS 2R1 AND 2R2, BLOCK 30 OF THE
HOLIDAY NORTH ADDITION LOCATED AT 5583 AND 5587 DAVIS BOULEVARD
(1.67 ACRES).
APPROVED
Zoning Administrator Dave Green summarized the case. This involves an existing
development along Davis Boulevard, which contains two recently built, very nice, office
complexes. This is a replat to add a property line in the center, splitting the two office
buildings into separate lots for the purpose of transferring title to those properties. Staff
recommends approval.
There were no questions and the Chairman called for a motion.
Mr. Schopper, seconded by Mr. Laubacher, motioned to approve PS 2002-45. The
motioned carried unanimously (5-0).
Page 7 12/19/02
P & Z Minutes
.... .......... ......_..__, ..... _.___ .__M·
NRH
CITY OF NORTH RICHLAND HILLS
.
Public Works 1 Administration
December 11, 2002
MEMO TO: Donna Jackson, Planner
FROM: Lance Barton, P.E., Assistant Public Works Director
SUBJECT: HOLIDAY NORTH ADDITION, SEC. 8;
Block 30, Lots 2R1 and 2R2
Replat
PS 2002-45
Public Works has reviewed this replat submitted on December 5, 2002. All relevant
issues have been addressed and the replat meets Public Works' requirements.
~~1i:a
.
cc: Jon Lovell, EIT, Engineer Associate
.
P.O. Box 820609 * North Rich/and Hills, Texas 76182-0609
7301 Northeast Loop 820 * (817) 427-6400 * Fax (817) 427-6404
.. ·.·"Ø_·....._.._..___~~~___,............_...""
N
A
NRH
PS 2002-45
Lots 2R1 & 2R2 Blk 30
Holiday North Section 8
Final Plat
repared by Kellie Smith/Planning
12/11/02
800 Feet
I
o
I
400
. .
CITY OF
NORTH RICHLAND HILLS
· Department: Police Department
·
·
Council Meeting Date: January 13, 2003
Subject: Set Date for Public Hearing to Consider Extending Ordinance No. 1994 Agenda Number: GN 2003-001
Juvenile Curfew Ordinance for Three Years - Resolution No. 2003-001
On July 11, 1994 the North Richland Hills City Council unanimously passed Ordinance No.
1994 adopting a curfew for juveniles. On February 14, 2000 Ordinance No. 2453 was
approved extending this legislation for three years.
Section 370.002 of the Local Government Code adopted by the 74th Legislature on May
31, 1995 requires that:
(a) Before the third anniversary of the date of adoption of a juvenile curfew
ordinance by a general-law municipality or a home-rule municipality or an order of a
county commissioner's court, and every third year thereafter, the governing body of
the general-law municipality or home-rule municipality or the commissioner's court
of the county shall:
(1) review the ordinance or order's effects on the community and on
problems the ordinance or order was intended to remedy;
(2) conduct public hearings on the need to continue the ordinance or order;
and
(3) abolish, continue, or modify the ordinance or order.
(b) Failure to act in accordance with subsections (a) (1) - (3) shall cause the
ordinance or order to expire.
The North Richland Hills Police Department has found that Ordinance No. 1994 has had a
positive effect on the safety of our youth and has reduced the probability that unsupervised
juveniles will become involved in crimes during late night and early morning hours.
Recommendation:
To pass Resolution No. 2003-001 setting a public hearing on the Curfew Ordinance for
January 27,2003.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
~~ature
Finance Review
Account Number
Sufficient Funds Available
Budget Director
Page 1 of 1
.
.
.
Resolution No. 2003-001
WHEREAS, the City Council has reviewed Ordinance No. 1994's effect upon the community
and on problems the curfew ordinance was intended to remedy.
NOW THEREFORE, IT IS ORDERED that a public hearing be held on January 27, 2003 at
7:00 p.m. in the City Council Chambers at City Hall, on the need to continue Curfew Ordinance
No. 1994. The continuation, abolishment, or modification of the ordinance will be considered
and acted upon at said time.
PASSED AND APPROVED this 13th day of January 2003.
APPROVED:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO LEGAL FORM AND CONTENT:
George Staples, City Attorney
APPROVED AS TO CONTENT:
CITY OF
NORTH RICHLAND HILLS
_epartment: City Secretary
Council Meeting Date: 1/13/03
Subject: ReschedulinQ February 10, 2003 City Council MeetinQ
to February 5, 2003
Agenda Number: GN 2003-002
At the December 16 Pre-Council meeting the City Council discussed the need to
reschedule the February 10 Council meeting to a different date. The consensus of the
Council was to reschedule the February 10 meeting to February 5.
Recommendation:
To reschedule the February 10, 2003 City Council meeting to February 5, 2003.
e
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds ÄvallaDle
7A/}~/J;/u' ~/~. 1-. .
:. '~·'J·"·,//¿/ÍÁ/Ul(/r~ I~
'-,
Department Head Signature
Finance Director
P:::Iae 1 of
CITY OF
NORTH RICHLAND HILLS
· Department: Finance / Support Services
Subject: Award Bid for Four Mowers to Saginaw Implement
Company in the Amount of $56,487
·
·
Council Meeting Date: 1/13/2003
Agenda Number: PU 2003-001
In the 2002/2003 budget, Council appropriated funds for the replacement purchase of four
front deck mowers to be used by the Parks and Recreation Department. Formal bids were
solicited and the results are outlined below.
Foreman's, Inc.
AG Power, Inc.
Saginaw Implement
Jones Tractor Sales
Premier AG & Lawn
David's Stove Shop
Pettit Machinery
Lawson Implement
Luber Brothers
Bailey Implement Co.
$52,644 (does not meet specs)
$54,668 (withdrew bid)
$56,487
$57,780
$57,886
$59,654
$60,063
$61 ,284
$63,128
$63,991
The bid submitted by Foreman's does not meet the minimum specifications. The
specifications required the mower to be equipped with a steering wheel type of steering.
The equipment bid by Foreman's has a twin stick steering that requires the operator to
hold a steering handle in both hands at all times. This type of steering is very tiring to the
operator's arms and wrists. This equipment is also designed differently and it would be
necessary to maintain a separate parts inventory to perform the equipment maintenance.
AG Power formally withdrew their bid because they were notified by John Deere that they
are not eligible to participate in the Governmental Discount Program in Tarrant County and
could not provide the equipment for the amount bid. Saginaw Implement is offering John
Deere equipment that is identical to equipment presently in the fleet. The bid submitted by
Saginaw Implement met the specifications and general conditions of the bid and can
deliver the equipment within 60 days.
Recommendation: To award the bid for four front deck mowers to Saginaw Implement in
the amount of $56,487.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
~f2:ø
Department Head Signature
Finance Review
Account Number 510-7032-712.74-10
Sufficient Funds Av i a e
Budget Director
Finance Director
Page 1 of L
CITY OF
NORTH RICHLAND HILLS
. Department: Information Services
.
.
Council Meeting Date: 1/13/03
Subject: Award Purchase of IBM AS/400 Computer and Hardware Agenda Number: PU 2003-002
Maintenance to KS2 Technologies and Approve Resolution # 2003-003
In the FY 2002/2003 Capital Projects Budget, Council approved $132,000 in funding for the
purchase of a replacement IBM AS/400 mid-range computer. The existing computer is over
five years old and is used primarily to run the core business and financial software
applications used by Finance, as well as other City departments.
The Request For Proposals (RFP) was advertised in the Fort Worth Star Telegram, on the
City's website and sent to five Vendors. The following companies responded:
VENDOR AS/400 IBM 3-YEAR
NAME PRICE MAINTENANCE
1. HTE VAR $ 92,992.60 Not Quoted
2. KS2 Technologies $ 98,563.00 $11,999.00
3. MMI InterNetworking $102,687.00 $11,974.00
Preliminary evaluation of the proposals revealed that HTE VAR, a Georgia company,
submitted a significantly incomplete response containing several errors; consequently, HTE
VAR was disqualified.
Best and Final Offers were provided by KS2 and MMI as follows:
VENDOR
NAME
AS/400
PRICE
IBM 3-YEAR
MAINTENANCE
TOTAL
PRICE
$111,524.50
$112,187.00
1. KS2 Technologies
2. MMllnterNetworking
$ 99,525.50
$100,213.00
$11,999.00
$11,974.00
KS2 and MMI are both located in the DFW area and scored well overall. References for KS2
and MMI were equally as good. KS2 provided the lowest cost proposal for the hardware and
MMI provided the lowest cost proposal for the hardware maintenance. However, KS2
provided the lowest cost overall for both of the requested items.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
Other
Finance Review
Account Number 310-0000-601.79-00
Sufficient Funds Available
Finance Director
\\.~'--
\
CITY COUNCIL ACTION ITEM
Page 1 of2
..
CITY OF
NORTH RICHLAND HILLS
It should be noted that the "3-year" hardware maintenance, even though purchased
through KS2, will be performed solely by IBM. By entering into a three-year maintenance
agreement, the City can save an estimated $9,000 or 43 percent versus purchasing the
maintenance on an annual basis. The $11,999 is a "one-time" cost for the 3 years of
hardware maintenance.
Rècommendation: To approve Resolution # 2003-003 allowing the City Manager to
proceed with executing an agreement with KS2 Technologies to purchase the replacement
IBM AS/400 at a price not to exceed $99,525.50 and the applicable three-year hardware
maintenance (performed solely by IBM) at a "one-time" cost of $11 ,999.
CITY COUNCIL ACTION ITEM
Page 2 of2
.. . .,
.
.
.
RESOLUTION No. 2003-003
BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH
RICHlAND HillS, TEXAS, that:
WHEREAS, the City of North Richland Hills proposes to enter into an agreement
with KS2 Technologies to purchase a replacement IBM AS/400 mid-range computer, at
a price not to exceed $99,525.50 and the applicable three-year hardware maintenance
(performed solely by IBM) at a "one-time" cost of $11 ,999;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, that:
The City Manager is hereby authorized to proceed with executing an agreement with
KS2 Technologies.
PASSED AND APPROVED this 13th day of January 2003.
APPROVED:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George Staples, City Attorney
APPROVED AS TO CONTENT:
,.
CITY OF
NORTH RICHLAND HILLS
epartment: Finance / Communications Council Meeting Date: 1/13/2003
Subject: Award Bid for Annual Contract to Print Various City Agenda Number: PU 2003-003
Newsletters and Brochures
In the 2002/2003 approved budget, Council appropriated funds for the printing of various
brochures and newsletters. Formal bids were solicited for an annual contract to include all
layout and design services, printing and delivery of four different publications. The
publications included in the bid are the City Newsletter and NRH News and Notes for the
Communications Department, NRH Upclose for Economic Development and the Time of
Your Life Brochure for the Parks and Recreation Department. Because the content of
each issue will vary depending on the information to be included, vendors were requested
to submit a quote for printing one issue of each newsletter or brochure as a sample.
Attached is a spreadsheet detailing the bids submitted with the recommended bid award
for each publication highlighted. Awarding the contracts separately will result in
approximately $8,000 savings this budget year.
Gateway Graphics and Dallas Offset have previously done work for the City and have
always produced quality work. The references checked on HurstlEuless Printing all
responded favorably.
e
Recommendation: To award the bid for an annual contract to print the City Newsletter to
Gateway Graphics, NRH News and Notes and NRH Upclose to HurstlEuless Printing and
Time of Your Life Brochure to Dallas Offset.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number Various
Sufficient Funds Avai a e
t6
~ '.
Budget Director
Finance Director
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CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 1/13/2003
Subject: Approve Final Pay Estimate #7 to CraiQ Olden, Inc. in the Agenda Number: PAY 2003-001
Amount of $12,142.47 for Big Fossil Creek Erosion
Control, Ph. II
This project was awarded by Council on January 8, 2001, PW 2001-001 for $617,847.00 to
Craig Olden, Inc. Final payment will make the contractor's total earnings on the project
$602,713.68, which is $15,131.32 under the contract amount. The cost savings are
primarily due to unused costs associated with unknown field conditions and unused
contingency funds.
The contractor completed the project within the contract completion time after the
"approved" delays were considered. The delays were due to the U.S. Army Corps of
Engineers acceptance of the project. The Corps of Engineers would not accept the project
until a specified amount of vegetation had been established. All conditions of the Corps of
Engineers have been met and project is complete.
Recommendation: To approve final payment in the amount of $12,142.47 to Craig Olden,
Inc. for Big Fossil Creek Erosion Control, Ph. II.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number 20-50-03-6000/99-20-50-003
Sufficient Funds ÄvallaDle ;j;.W-UUUU-öU;j./~-UU
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Finance Director
Page 1 of _
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CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department
Council Meeting Date: 1/13/03
Subject: Consideration of a request from Center Point Church for Agenda Number: PZ 2002-30
approval of a site plan request for a church located in the 7700-7800 block of Mid-Cities
Boulevard (8.5 acres).
Case Summary
The applicants are proposing to construct a new church on the subject tract located in the
"C-1" Commercial District. The Zoning Ordinance permits churches by right without any
special conditions in all zoning districts except AG Agricultural and MH1 Manufactured
Home. Churches, however, have been considered (by administrative policy) as non-
residential uses requiring a site plan approval when residential adjacency exists. This site
is bounded by a residential neighborhood along the southern boundary. The Church is
proposing to develop this site in phases with each phase requiring separate approval. This
plan reflects Phase I.
Comprehensive Plan:
The Comprehensive Plan indicates retail uses for this site. Churches are generally
accepted as part of the community fabric and as such are appropriate uses in most areas.
The location of a church on this site is consistent with the Plan.
Plat Status:
The Planning and Zoning Commission, at their December 19th meeting, approved a
Preliminary Plat of Lot 1 Block 1 Center Point Addition for this site.
Existing Use I Site Attributes:
The site is vacant and is characterized by a relatively flat, grass surface with several small
trees.
Building Design and Materials:
The site plan for Phase I of this development proposes a single-story, all masonry, worship
facility of approximately 15, 641 square feet in size. The total height of the structure is
approximately 34'-35'. The structure's overall size makes it subject to the Architectural
Standards of the Zoning Ordinance. Proposed building materials consist of concrete tilt-
wall panels with split-face CMU, cast-stone, and metal accents. The north elevation of the'
building (oriented toward Mid-Cities Boulevard) includes a large glass entryway. The
proposed materials and building design, i.e. articulation, entryway features and accents,
are consistent with required architectural standards. The site plan also proposes a
dumpster enclosure constructed with split-face CMU and opaque gates that meet
Finance Review
Source of Funds:
Bonds (GOlRev.)
Operating Budget
Other
--»2.~&
Department Head Signature
Account Number
Sufficient Funds AvaIlable
Finance Director
CITY OF
NORTH RICHLAND HILLS
screening standards.
Access and Parking:
Access to the site includes two, 35' full-access points, one each from Mid-Cities Boulevard
and Abbott Avenue. The access point on Mid-Cities Boulevard does not propose a median
break, therefore, access is limited to east-bound traffic only. The applicant will be required
by the Public Works Department to submit a Traffic Impact Analysis (TIA) prior to the
submittal of the final plat for this site.
Proposed parking consists of 152 spaces (145 req.) distributed through two parking areas
located along the Mid-Cities Boulevard and Abbot Avenue frontages. A small parking area
consisting of 15 spaces is located on the rear of the building.
Landscaping I Screening:
This site requires a 15' landscape setback along both the Mid-Cites Boulevard and Abbott
Avenue frontages. The proposed landscape plan shows this required setback with the
proper number of street trees. In addition to the street trees, the plan utilizes both shrubs
and landscape berms to screen parking areas. A 15' landscape buffer with evergreen
trees is provided along the southern boundary of Phase I to screen the site from adjacent
residential uses. Future building phases will require extension of this landscape screen.
Parking lot landscaping is consistent with ordinance requirements.
A minimum 6' masonry screen is required along the south boundary of this site due to the
adjacent residential uses. The site plan proposes a 6' concrete panel fence with brick
pattern relief extending from the west property line eastward to the boundary of the
proposed Phase I development. Future development phases in this area will require
extension of this screening wall.
Signage I Lighting:
Proposed signage consists of a single monument sign located near the intersection of Mid-
Cities and Abbott and a wall sign located on the Mid-Cities building façade. The
monument sign is approximately 60 square feet in size with 28 square feet in sign surface
area. The sign has split-face CMU surrounds with cast stone accents. Both signs are
consistent with Sign Ordinance standards.
The Photometric Plan indicates two, 250-watt single-mounted fixtures on 20' poles along
the front building façade. Two wall-mounted 250-watt wall packs are attached to the rear
of the building. Parking lot lighting consists of four, double-mounted, 250-watt light fixtures
on 20' poles. Two of these light standards are situated along the Mid-Cities Boulevard
frontage and two along the Abbott Avenue frontage. The Plan indicates that the proposed
lighting does not extend into the adjacent residential area.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission met on Thursday, December 19, 2002 and voted 5
to 0 to recommend approval of this request.
RECOMMENDATION:
If the Council determines that this site plan is acceptable, the following motion is
recommended: Approval of PZ 2002-30.
CITY COUNCIL ACTION ITEM
·
·
·
5.
PS 2002-42
CONSIDERATION OF A REQUEST FROM CENTER POINT CHURCH FOR THE
APPROVAL OF THE PRELIMINARY PLAT OF LOT 1, BLOCK 1 CENTER POINT
ADDITION LOCATED IN THE 7700-7800 BLOCK OF MID CITIES BLVD. (8.5
ACRES).
APPROVED
6.
PZ 2002-30
CONSIDERATION OF A REQUEST FROM CENTER POINT CHURCH FOR SITE
PLAN APPROVAL OF A CHURCH LOCATED IN THE 7700-7800 BLOCK OF MID
CITIES BLVD. (8.5 ACRES).
APPROVED
Zoning Administrator Dave Green summarized the two cases. The property is located
near the intersection of Mid-Cities Boulevard and Smithfield Road and is just under 8.5
acres. The tract is currently unplatted and the applicant is requesting a preliminary plat
and site plan approval for Center Point Church. The property is zoned C-1 Commercial
which would permit this type of activity. The comments from Public Works indicate that
all issues have been addressed by the plat. The church itself is a multi-phase project.
The first phase is the primary worship located on the western two-thirds of the site from
Abbott to the west and Smithfield to the east. There is a single-story church facility with
adjacent parking facilities along the west towards Abbot. The proposed structure is
larger than 10,000 square feet which requires particular architectural standards. The
applicant's building elevations and architectural features meet City standards. Due to
the request being a non-residential use, landscape setbacks are required along Abbott
and Mid Cities. There is residential zoning within 200 ft. behind the site which requires
approval of a site plan. The applicant has done a very good job of expanding the tree
line along both frontages and along the rear line. The applicant has also met the
requirement of a 6 ft. masonry wall along the back of the property. In addition, staff
appreciated the applicant's use of berms interspersed with shrubbery along the frontage
area to break up a monotonous look. Staff recommends approval of both the
preliminary plat and the site plan.
Chairman Bowen called for questions or comments from the Commission members.
There were none and the Chairman called for a motion.
Mr. Lewis, seconded by Mr. Nehring, motioned to approve PS 2002-42. The
motioned carried unanimously (5-0).
Regarding the site plan (PZ 2002-30), Chairman Bowen asked if the concrete panel
fence would look like regular brick. Mr. Green responded that it is considered to be a
Page 3 12/19/02
P & Z Minutes
·
·
·
thin masonry wall that has the look of brick. It is a panel that slides down in-between
columns. It meets City standards.
Mr. Schopper stated that there is old right-of-way in the area. He wondered if the fence
would make old Watauga Road go away. Mr. Green explained that it splits. A portion
will be on church property and a portion will be on the adjacent residential.
Mr. Schopper, seconded by Mr. Lewis motioned to approve PZ 2002-30. The
motion carried unanimously (5-0).
Page 4 12/19102
P & Z Minutes
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PZ 2002-30
Site Plan Approval
Centerpoint Church
Prepared by Kellie Smith/Planning Dept.
1 11/ 2
o
I
300
600 Feet
·
·
·
5.
PS 2002-42
CONSIDERATION OF A REQUEST FROM CENTER POINT CHURCH FOR THE
APPROVAL OF THE PRELIMINARY PLAT OF LOT 1, BLOCK 1 CENTER POINT
ADDITION LOCATED IN THE 7700-7800 BLOCK OF MID CITIES BLVD. (8.5
ACRES).
APPROVED
6.
PZ 2002-30
CONSIDERATION OF A REQUEST FROM CENTER POINT CHURCH FOR SITE
PLAN APPROVAL OF A CHURCH LOCATED IN THE 7700-7800 BLOCK OF MID
CITIES BLVD. (8.5 ACRES).
APPROVED
Zoning Administrator Dave Green summarized the two cases. The property is
located near the intersection of Mid-Cities Boulevard and Smithfield Road and is just
under 8.5 acres. The tract is currently unplatted and the applicant is requesting a
preliminary plat and site plan approval for Center Point Church. The property is
zoned C-1 Commercial which would permit this type of activity. The comments from
Public Works indicate that all issues have been addressed by the plat. The church
itself is a multi-phase project. The first phase is the primary worship located on the
western two-thirds of the site from Abbott to the west and Smithfield to the east.
There is a single-story church facility with adjacent parking facilities along the west
towards Abbot. The proposed structure is larger than 10,000 square feet which
requires particular architectural standards. The applicant's building elevations and
architectural features meet City standards. Due to the request being a non-
residential use, landscape setbacks are required along Abbott and Mid Cities. There
is residential zoning within 200 ft. behind the site which requires approval of a site
plan. The applicant has done a very good job of expanding the tree line along both
frontages and along the rear line. The applicant has also met the requirement of a 6
ft. masonry wall along the back of the property. In addition, staff appreciated the
applicant's use of berms interspersed with shrubbery along the frontage area to
break up a monotonous look. Staff recommends approval of both the preliminary
plat and the site plan.
Chairman Bowen called for questions or comments from the Commission members.
There were none and the Chairman called for a motion.
Mr. Lewis, seconded by Mr. Nehring, motioned to approve PS 2002-42. The
motioned carried unanimously (5-0).
Regarding the site plan (PZ 2002-30), Chairman Bowen asked if the concrete panel
fence would look like regular brick. Mr. Green responded that it is considered to be
a thin masonry wall that has the look of brick. It is a panel that slides down in-
between columns. It meets City standards.
Page 3 12/19/02
P & Z Minutes
·
·
·
Mr. Schopper stated that there is old right-of-way in the area. He wondered if the
fence would make old Watauga Road go away. Mr. Green explained that it splits. A
portion will be on church property and a portion will be on the adjacent residential.
Mr. Schopper, seconded by Mr. Lewis motioned to approve PZ 2002-30. The
motion carried unanimously (5-0).
Page 4 12/19/02
P & Z Minutes
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department
Council Meeting Date: 1/13/03
Subject: Public Hearing to Consider a Request by Linda and Larry Agenda Number:PZ 2002-38
Kjeldgaard for a zoning change from "AG" Agricultural to "R-1-S" Special Single Family
Residential and "R-1" Residential in the 7300 Bursey Road (5.9 acres). Ordinance No.
2682
Case Summary:
Linda and Larry Kjeldgaard are requesting a rezoning of a 5.9 acre tract that fronts the
7300 block of Bursey Road. The property is currently zoned "AG" Agricultural. A single
family residence is located near the Bursey Road frontage. The tract does have several
horses and out-buildings. The Kjeldgarrds are proposing to sell the existing house and
build a new house near the southern portion of the tract. This would require a platting of
the tract into two lots (one for the existing and one for the new house). The Kjeldaards
have submitted a preliminary plat for this purpose. The plat was approved by the Planning
and Zoning Commission last year. The purpose of this request is to rezone the existing
house and surrounding property to "R-1" Residential to validate the current use. The
proposed "R-1-S" zoning is for the area immediately surrounding the site of the new
residence. This zoning will permit the new house and the continued keeping of horses by
the owner.
Existing Land Uses:
A single family residence is located on the site near the Bursey Road frontage. The site
also contains several out-buildings used for the keeping of horses.
Comprehensive Plan:
The Comprehensive Plan promotes this area for low density residential uses. The existing
and proposed use is consistent with the Plan. The keeping of livestock (horses) is
consistent with other nearby "AG" agricultural-zoned properties to the west of this site.
Plat StatuslThoroughfare Plan:
A preliminary plat (ref. PS 2002-36 Kjeldgaard Addition) was approved by the Planning
and Zoning Commission on August 8th of this year. The site fronts onto Bursey Road, a
proposed four-lane, undivided collector of 68' ROW.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _ \
Other ~
--»1- ~
Account Number
Sufficient Funds Available
Finance Director
.
Department Head Signature
~M~
PZ 2002-38 Kjeldgaard CC
CITY OF
NORTH RICHLAND HILLS
Adjacent Zoning and Land Use:
North: City of Keller
East: R-11 Single family subdivision
South: R-3 1 Cross Timbers Park
West: AG 1 single family residences on large lots
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission at their meeting on, December 19, 2002,
recommended approval of PZ 2002-38 by a vote of 5-0.
RECOMMENDATION:
If the Council determines that this zoning change is acceptable, the following
motion is recommended: Approval of PZ 2002-32 and Ordinance No. 2682.
PZ 2002-38 Kjeldgaard CC
Page 2 of2
.
.
.
11.
PZ 2002-38
PUBLIC HEARING TO CONSIDER A REQUEST BY LINDA AND LARRY
KJELDGAARD FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1-S"
SPECIAL SINGLE FAMILY RESIDENTIAL AND "R-1" RESIDENTIAL AT 7300
BURSEY ROAD (5.9 ACRES).
APPROVED
Zoning Administrator Dave Green summarized the case. When the applicant brought in
the preliminary plat, staff recommended a zoning change prior to the submittal of a final
plat. The preliminary plat took an existing house that faces Bursey Rd. and placed it on
Lot 1, and the balance of the property became Lot 2. Both are zoned "AG" Agriculture.
Staff recommended rezoning Lot 1 from "AG" to "R-1" Residential since the AG zoning
leaves the lot in a non-conforming status. The applicant wants to build a single family
residence on Lot 2, and keep horses and outbuildings. Staff recommends a zoning
change for Lot 2 from" AG" to "R-1-S" in order to maintain livestock.
Chairman Bowen asked if there were or are plans to extend Londonderry Drive. Mr.
Green explained that the Fire Department gave permission for Londonderry to be a
turnaround. Mr. Green stated that the applicant will maintain the private turnaround.
Chairman Bowen opened the public hearing. No one wished to speak and the
Chairman closed the public hearing. The Chairman called for comments from the
Commission members.
Mr. Schopper asked if access for Lot 2 would be off of Bursey. Mr. Green stated there
is no proposed access off Bursey.
Chairman Bowen asked for clarification on who would have access to the turnaround on
Londonderry. Chairman Bowen stated that he is concerned that Londenderry Drive is a
long stretch of road without a valid turnaround or cul-de-sac. Mr. Green stated that the
turnaround is considered to be a private drive, but the design provides adequate pull-in
and turning radius for the Fire Department trucks.
Mr. Lewis, seconded by Mr. Schopper, motioned to approve PZ 2002-38. The
motion carried unanimously (5-0).
Page 9 12/19102
P & Z Minutes
·
200'
Buffer
NRH
PZ 2002-38
7300 Bursey Rd.
Zoning Change From AG to R-1
Zoning Change From AG to R-1-S
o 400
I
N
A
Prepared by Kellie Smith/Planning Dept.
12/02/02
800 Feet
I
·
·
·
NOTICE OF PUBLIC HEARING
NORTH RICHLAND HILLS
PLANNING AND ZONING COMMISSION
Case #:
Applicant:
Location:
PZ 2002-38
Linda and Larry Kjeldgaard
7300 Bursey Road aka 5.9 acres in the
John Condra Survey, Abstract 310
You are receiving this notice because you are a property owner of record
within 200 feet of the above property.
PUl'Dose of Public Hearina:
A public hearing is being held to consider a request from Linda and Larry
Kjeldgaard for a zoning change on the above property from "AG" Agricultural to
"R-1-S" Special Single Family Residential and "R1" Residential. The applicant
wants to bring an existing residential structure into conformance on a portion of
the site and build a new residence and keep livestock on another portion.
Public Hearina Schedule:
Public Hearing Dates:
PLANNING AND ZONING COMMISSION
THURSDAY, DECEMBER 19, 2002
CITY COUNCIL
MONDAY, JANUARY 13, 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
NORTH RICH LAND HILLS, CITY MARTIN, LOYD GENE MARTIN, LOYD GENE ETUX
OF 7300 CONTINENTAL TRL LINDA
7301 NE LOOP 820 FORT WORTH TX 7300 CONTINENTAL TRL
. WORTH TX 76180-1718 FORT WORTH TX
-0000 76180-1718
NORTH RICHLAND HILLS, CITY SMITH, MARVIN 0 BROWN, RANDY ETUX SANDY
OF PO BOX 821516 7308 BURSEY RD
7301 NE LOOP 820 FORT WORTH TX NORTH RICHLAND HILLS TX
FORT WORTH TX 76182-1516 76180-2119
76180-0000
GRIFFIN, GARY ETUX CINDY MOON, COY B ETUX BILLIE
7228 BURSEY RD 7301 WEXFORD CT
NORTH RICHLAND HILLS TX FORT WORTH TX
76180-2100 76180-2110
WILHELMSON, PATRICK N & HERRERA, VINCENT R & PHILLIPS, GLADYS M
JUDITH VICTORIA 7308 WEXFORD CT
7305 WEXFORD CT 7300 WEXFORD CT FORT WORTH TX
FORT WORTH TX NORTH RICHLAND HILLS TX 76180-2109
76180-2110 76180-2109
STANDIFER, MONTY R & LINE, JOHN W ETUX LINDA A TOWNSEND, TIMOTHY ETUX
GLENDA 7309 TIPPERARY CT LINDA
4032 PIRATES BCH FORT WORTH TX 7305 TIPPERARY CT
GALVESTON TX 76180-2106 FORT WORTH TX
14-8036 76180-2106
0, TIMOTHY ETUX BRENDA SHEFFIELD, JOHN CAMPBELL, KEVIN E ETUX
7301 TIPPERARY CT 7300 TIPPERARY CT MELBA S
FORT WORTH TX FORT WORTH TX 7304 TIPPERARY CT
76180-2106 76180-2105 FORT WORTH TX
76180-2105
WEST, CURTIS A GRAVES, RICHARD ETUX NANCY WALLER, LYNN R ETUX JOYCE
7900 DOUGLAS LN 7305 LONDONDERRY DR 7301 LONDON DERRY DR
FORT WORTH TX FORT WORTH TX FORT WORTH TX
76180-2008 76180-2114 76180-2114
CROMWELL, ROBERT HAZEN, ROBERT J & SONORA K DAVIS, KURT L
RR 1 BOX 192A 7308 LONDONDERRY DR 7304 LONDONDERRY DR
GIDDINGS TX FORT WORTH TX FORT WORTH TX
78942-9801 76180-2113 76180-2113
SCHEXNAYDER, F JR ETUX NORTH RICHLAND HILLS, CITY
CONNIE OF
7300 LONDONDERRY DR POBOX 820609
FORT WORTH TX FORT WORTH TX
76180-2113 76180-0000
.
·
·
·
11.
PZ 2002-38
PUBLIC HEARING TO CONSIDER A REQUEST BY LINDA AND LARRY
KJELDGAARD FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-
1-5" SPECIAL SINGLE FAMILY RESIDENTIAL AND "R-1" RESIDENTIAL AT
7300 BURSEY ROAD (5.9 ACRES).
APPROVED
Zoning Administrator Dave Green summarized the case. When the applicant
brought in the preliminary plat, staff recommended a zoning change prior to the
submittal of a final plat. The preliminary plat took an existing house that faces
Bursey Rd. and placed it on Lot 1, and the balance of the property became Lot 2.
Both are zoned "AG" Agriculture. Staff recommended rezoning Lot 1 from "AG" to
"R-1" Residential since the AG zoning leaves the lot in a non-conforming status.
The applicant wants to build a single family residence on Lot 2, and keep horses and
outbuildings. Staff recommends a zoning change for Lot 2 from "AG" to "R-1-S" in
order to maintain livestock.
Chairman Bowen asked if there were or are plans to extend Londonderry Drive. Mr.
Green explained that the Fire Department gave permission for Londonderry to be a
turnaround. Mr. Green stated that the applicant will maintain the private turnaround.
Chairman Bowen opened the public hearing. No one wished to speak and the
Chairman closed the public hearing. The Chairman called for comments from the
Commission members.
Mr. Schopper asked if access for Lot 2 would be off of Bursey. Mr. Green stated
there is no proposed access off Bursey.
Chairman Bowen asked for clarification on who would have access to the turnaround
on Londonderry. Mr. Green explained that the turnaround is a private drive.
Chairman Bowen stated that he is concerned that Londenderry Drive is a long
stretch of road without a valid turnaround or cul-de-sac. Mr. Green explained that
the design provides adequate pull-in and turning radius for the Fire Department
trucks.
Mr. Lewis, seconded by Mr. Schopper, motioned to approve PZ 2002-38. The
motion carried unanimously (5-0).
Page 5 12/19/02
P & Z Minutes
2
- 4
6
8
10
12
14
16
18
20
22
24
-26
28
30
32
34
36
38
40
42
44
-
ORDINANCE NO. 2682
ZONING CASE PZ 2002-38
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 mLLS, TEXAS, AND REZONING A PORTION OF A 5.9
ACRE PARCEL OF PROPERTY FROM "AG" AGRICULTURAL TO "R-I-S"
SPECIAL SINGLE FAMILY RESIDENTIAL AND "R-l" 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
mLLS, TEXAS:
Section 1:
THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the
zoning map of the City of North RicWand Hills are hereby amended by rezoning
property described as Block 1, Lot 1, from "AG" Agricultural to "R-I"
Residential, and Block 1, Lot 2, from "AG" Agricultural to "R-I-S" Special
Single Family Residential, the subject property being more particularly described
on Exhibit "A" hereto.
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.
Ordinance No. 2682
Page 1 of 2
C:\Documents and Settings\phutson\Local Settings\Temp\MapChange.Rezone AG.2ds2
2
e4
e24
26
e
Section 3:
The City Secretary is hereby authorized and directed to cause the publication of
the descriptive caption and penalty clause of this ordinance two times.
Section 4:
This ordinance shall be in full force and effect immediately after passage.
6
AND IT IS SO ORDAINED.
8
PASSED AND APPROVED on this 13th day of January, 2003.
10
CITY OF NORTH RICHLAND HILLS
12
14
By:
Oscar Trevino, Mayor
16
ATTEST:
18
20
Patricia Hutson, City Secretary
22
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
28
APPROVED AS TO CONTENT:
30
32
Department Head
34
Ordinance No. 2682
Page 2 of 2
C:\Documents and Settings\phutson\Local Settings\Temp\MapChange.Rezone AG,2~2
.
.
.
Exhibit A to Ordinance No. 2682
Page 1 of B
PROPOSED
LOT 1 DESCRIPTION
ALL that certain tract or parcel of land situated in the JOHN CONDRA SURVEY,
ABSTRACT NO. 310, Tarrant County, Texas and containing the tract described in
the deed to Larry Kjeldgard and wife, Linda Kjeldgaard as recorded in Volume
14889, Page 311, Deed Records, Tarrant County, Texas and being more particularly
described by metes and bounds as follows:
BEGINNING at a 3/8 inch steel rod found for the northeast corner of said
Kjeldgaard and tract and being the northwest corner of Lot 1, Block 3,
Londonderry Addition, an Addition to the City of North Richland Hills, Tarrant
County, Texas as recorded in Volume 388-124, Page 98, Plat Records, Tarrant
County, Texas, said point being in the southerly right-of-way line of Bursey
Road (a variable width right-of-way);
THENCE South 01 degrees 07 minutes 52 seconds West with the common easterly
boundary line of said Kjeldgaardand tract and the westerly boundary line of said
Londonderry Addition, 307.28 feet to a 1/2 inch capped steel rod stamped "MOAK
SURV INC" set;
THENCE North 88 degrees 55 minutes 48 seconds West, 45.66 feet to a 1/2 inch
capped steel rod stamped "MOAK SURV INC" set;
THENCE South 20 degrees 51 minutes 36 seconds West, 36.03 feet to a 1/2 inch
capped steel rod stamped "MOAK SURV INC";
THENCE North 89 degrees 56 minutes 39 seconds West, 11.85 feet to a 1/2 inch
steel rod set;
THENCE North 85 degrees 14 minutes 11 seconds West, 41.10 feet to a 1/2 inch
steel rod set;
THENCE North 00 degrees 21 minutes 09 seconds East, 337.33 feet to a 1/2 inch
steel rod set in said southerly right-of-way line of Bursey Road;
Thence South 89 degrees 38 minutes 51 seconds East with said southerly right-of-
way line, 115.28 feet to the PLACE OF BEGINNING and containing 0.8416 acres of
land, more or less.
Exhibit A to Ordinance No. 2682
Page 2 of 3
.
PROPOSED
LOT 2 DESCRIPTION
ALL that certain tract or parcel of land situated in the JOHN CONDRA SURVEY,
ABSTRACT NO. 310, Tarrant County, Texas and containing the tract described in
the deed to Larry Kjeldgaard and wife, Linda Kjeldgaard as recorded in Volume
14889, Page 311, Deed Records, Tarrant County, Texas and being more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2 inch capped steel rod stamped "MOAK SURV INC" found for the
northeast corner of said Kjeldgaard tract and being the northeast corner of Lot
1, Block 1, Griffin Addition, an Addition to the City of North Richland Hills,
Tarrant County, Texas as recorded in Cabinet A, Slide 3904 of said Plat Records,
said point being in the southerly right-of-way line of Bursey Road (a variable
width right-of-way);
THENCE South 89 degrees 38 minutes 51 seconds East with said southerly right-of-
way line, 113.52 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC"
set;
THENCE South 00 degrees 21 minutes 09 seconds West, 337.33 feet to a 1/2 inch
capped steel rod stamped "MOAK SURV INC" set;
THENCE South 85 degrees 14 minutes 11 seconds East, 41.10 feet to a 1/2 inch
capped steel rod stamped "MOAK SURV INC" set;
.
THENCE South 89 degrees 56 minutes 39 seconds East, 11.85 to a 1/2 inch
capped steel rod stamped "MOAK SURV INC" set;
THENCE North 20 degrees 51 minutes 36 seconds East, 36.03 feet to a 1/2 inch
capped steel rod stamped "MOAK SURV INC" set;
THENCE South 88 degrees 55 minutes 48 seconds East, 45.66 feet to a 1/2 inch
capped steel rod stamped "MOAK SURV INC" set in the westerly boundary line of
Lot 21, Block 3, Londonderry Addition, an Addition to the City of North Richland
Hills, Tarrant County, Texas as recorded in Volume 388-124, Page 98, Plat
Records, Tarrant County, Texas;
THENCE southerly with the westerly boundary line of Londonderry Addition the
following calls:
South 01 degrees 07 minutes 52 seconds West, 69.77 feet to a 1/2 inch
capped steel rod stamped "MOAK SURV INC" set;
South 86 degrees 46 minutes 10 seconds East, 41.21 feet to a 1/2 inch
capped steel rod stamped "MOAK SURV INC" set;
South 01 degrees 20 minutes 05 seconds East, 82.60 feet to a 1/2 inch
steel rod found;
South 51 degrees
steel rod found;
. South 19 degrees
steel rod found;
South 01 degrees
21 minutes 35 seconds West, 40.90 feet to a 1/2 inch
09 minutes 42 seconds West, 38.80 feet to a 1/2 inch
04 minutes 17 seconds West, 481.85 feet to a 1/2 inch
.
.
.
Exhibit A to Ordinance No. 2682
Page 3 of 3
steel rod found for the southeast corner of said Kjeldgaard tract and
being the southeast corner of Lot 12, Block 2 of said Londonderry
Addition;
THENCE North 89 degrees 52 minutes 32 seconds West with the southerly boundary
line of said Kjeldgaard tract, 481.85 feet to a 1/2 inch steel rod found for the
southeast corner of same and being the southeast corner of the tract described
to Robert Cromwell as recorded in Volume 13392, Page 153 of said Deed Records;
THENCE North 00 degrees 11 minutes 53 seconds East with the westerly boundary
line of said Kj eldgaard tract, 1006.78 feet to the PLACE OF BEGINNING and
containing 4.3777 acres of land, more or less.
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department
Council Meeting Date: 1/13/03
Subject: Public Hearing to Consider a Request by Mike Clark for Agenda Number: PZ 2002-32
Margaret Chase Chambless and Cardinal Lane Investors L.L.C. for a zoning change
from "I-L" Light Industrial and "AG" Agricultural to "0-1" Office in the 8900 block of
Cardinal Lane (18.278 acres). Ordinance No. 2677 (Postponed from 12/09/02)
Case Summary:
The applicant is requesting the rezoning to accommodate an expansion of the existing
UICI Insurance development located immediately to the east of this site.
Existing Land Uses:
The site is vacant and characterized as mostly grass with some trees along the adjacent
roadways. A small stock pond is located on the interior of the site.
Comprehensive Plan:
The Comprehensive Plan indicates retail uses for this vicinity. The proposed office-
campus setting is consistent with the non-residential nature of the Plan.
Plat StatuslThoroughfare Plan:
In addition to the rezoning request, the applicant has submitted a Preliminary Plat and a
request to revise the Thoroughfare Plan in this vicinity. The Preliminary Plat and the
Thoroughfare Plan revision were both approved by the Planning and Zoning Commission.
The Thoroughfare Plan revision (ref. PZ 2002-37) is also on this agenda.
Adjacent Zoning and Land Use:
North: "U" / Birdville High School track & baseball fields
East: "0-1" / Drainage detention area, UICI (Mega Life) office complex
South: "C-2, "1-1" / Vacant (future location of City library), industrial-type out-buildings
West: "TC","1-1 "/ Vacant (Home Town), industrial-type out-buildings
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission at their meeting on, November 14, 2002,
recommended approval of PZ 2002-32 by a vote of 7-0.
Finance Review
Source of Funds:
Bonds (GOlRev.)
Operating Budget
Other
Account Number
Sufficient Funds Available
~¡¿~~
Finance Director
Department Head Signature
~~c~
Ity Manager igna e
PZ 2002-32 UICI CC
.
.
CITY OF
NORTH RICHLAND HILLS
This case was originally taken to City Council on December 9,2002 and postponed by the
applicant to January 13, 2003.
RECOMMENDATION:
If the Council determines that this zoning change is acceptable, the following
motion is recommended: Approval of PZ 2002-32 and Ordinance No. 2677.
PZ 2002-32 UICI CC
Page 2 of 2
,,'.\t.,::,_,_,,~~
200'
Buffer
9100
9151
9000
9121
N
A
NRH
PZ 2002-32
UICI Rezoning
From L-1 & AG to 0-1
Prepared by Kellie Smith/Planning Dept.
10/18/02
o
I
300 600 Feet
·
5.
PZ 2002-32
PUBLIC HEARING TO CONSIDER A REQUEST FROM MIKE CLARK
REPRESENTING MARGARET CHASE CHAMBLESS AND CARDINAL LANE
INVESTORS LLC FOR A ZONING CHANGE FROM "I-L" LIGHT INDUSTRIAL
AND" AG" AGRICULTURE TO "0-1" OFFICE AT 8901 CARDINAL LANE
(18.278 ACRES). (POSTPONED FROM THE OCTOBER 24TH MEETING)
APPROVED
6.
PZ 2002-37
CONSIDERATION OF A THOROUGHFARE PLAN REVISION FROM MIKE
CLARK IN THE 8900 BLOCK OF CARDINAL LANE.
APPROVED
·
7.
PS 2002-39
CONSIDERATION OF A REQUEST FROM MIKE CLARK TO APPROVE THE
PRELIMINARY PLAT OF LOTS 1 AND 2, BLOCK 1 UICI ADDITION LOCATED
IN THE 8900 BLOCK OF CARDINAL LANE (19.78 ACRES).
APPROVED
Zoning Administrator Dave Green summarized the three requests. He stated
that these cases are related and generated by a proposed future westward
expansion of the UICllnsurance development located immediately to the east.
The applicant's first request is to rezone the site from "I-L" Light Industrial and
"AG" Agricultural to the "0-1" Office District. The second request is to revise the
street system in this area of the proposed expansion by the elimination of two
future streets. The third request was the approval of a preliminary plat of the site
known as Lots 1, 2, 3, & 4, Block 1 UICI Addition. Mr. Green pointed out that the
Public Works Department has requested a minor revision to the wording of a
detention area on the plat, otherwise the proposed plat satisfies all staffs
comments.
Chairman Don Bowen opened the public hearing.
Michael Clark, Winkleman & Associates, 6750 Hillcrest Plaza, #100, Dallas
75230 representing the landowners as well as a proposed purchaser B-3 Realty
and UICI. Mr. Pat Fox from B-3 Realty and Mr. Makens were present. Mr. Clark
commented as far as their zoning request it is the same as what Mr. Green
stated. As far as the thoroughfare amendment is concerned, they have worked
with staff on an agreement to eliminate the part of the roadway leg that goes to
· the east property line and dead ends. This roadway is on the Thoroughfare Plan
Page 11 11/14/02
P & Z Minutes
·
·
·
and is an encumbrance for UICI from a security stand point as It creates a no-
mans land from the alignment with Walker Drive. As a solution, the applicant is
proposing a covenant restriction on this roadway (designated roadway liB") that
would run with the land. The covenant will stipulate that roadway "B" would not
be deleted from the Thoroughfare Plan unless there was contiguous ownership
of the two developments and a single lot development were proposed that
included a cui de sac on road "A". This situation allows UICI and B-3 Realty to
purchase the property with the knowledge that they can develop it like they want
to and gives the city the hammer to have the roadway shown on the preliminary
plat. The applicants are in agreement with Staffs comments on the preliminary
plat and will make the change.
Chairman restated that this is an open hearing and asked if there was anyone
wishing to speak in favor or against the zoning request.
Chairman Don Bowen closed the public hearing.
Mr. Nehring, seconded by Mr. Schopper, motioned to approve PZ 2002-32.
The motion carried unanimously (7-0).
Mr. Tucker, seconded by Chairman Don Bowen motioned to approve PZ
2002-37. The motion carried unanimously (7-0).
Mr. Tucker, seconded by Ms. Cole motioned to approve PZ 2002-39 to
include engineer's comments. The motion carried unanimously (7-0).
Chairman Don Bowen announced that the next two cases are connected.
9.
PZ 2002-33
PUBLIC HEARING TO CONSIDER A REQUEST FROM CHARLES SMITH ON
BEHALF OF NORTH HILLS HOSPITAL FOR A ZONING CHANGE FROM "R-
2" RESIDENTIAL TO "NS" NEIGHBORHOOD SERVICE AT 7800 ROGAN
DRIVE.
DENIED
10.
PZ 2002-34
CONSIDERATION OF A SITE PLAN APPROVAL REQUEST FOR NORTH
RICHLAND HILLS HOSPITAL AT 7800 ROGAN DRIVE.
DENIED
Page 12 11/14102
P & Z Minutes
·
NOTICE OF RESCHEDULED PUBLIC HEARING
NORTH RICH LAND HILLS
PLANNING AND ZONING COMMISSION
Location:
PZ 2002-32
Mike Clark for Margaret Chase Chambless
and Cardinal Lane Investors LLC
8901 Cardinal Lane (18.278-acre tract out
of the L.C. Walker Survey, Abstract No.
1652)
Case #:
Applicant:
Recently you received a public hearing notice concerning this zoning
request. The purpose of this notice is to inform you that the applicant has
requested a postponement of the Planning & Zoning Commission Public
Hearing to November 14,2002.
Purpose of Public Hearina:
A public hearing is being held to consider a request from Mike Clark on behalf of
property owners Margaret Chase Chambless and Cardinal Lane Investors LLC
· for a zoning change on the above property from "1-1" Light Industrial and "AG"
Agricultural to "0-1" Office. The applicant is proposing an expansion of the
existing UICI Insurance Company development.
Public Hearina Schedule:
Location:
PLANNING AND ZONING COMMISSION
THURSDAY, NOVEMBER 14, 2002
CITY COUNCIL
MONDAY, DECEMBER 9, 2002
7:00 P.M.
CITY COUNCIL CHAMBERS
7301 N. E. LOOP 820
NORTH RICH LAND HILLS, TEXAS
Public Hearing Dates:
Time:
If you have any questions or wish to submit a petition or letter concerning
the above request, please contact:
·
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
®09t 5 JaSe1
MEGA LIFE & HEALTH INS CO,
9151 GRAPEVINE HWY
NORTH RICHLAND HILLS TX
.180-5605
MEGA LIFE & HEALTH INC CO,
9151 GRAPEVINE HWY
NORTH RICH LAND HILLS TX
76180-5605
.
-
@09tS JO a¡eldwa¡ asn
GREEN, CURTIS J
9025 CARDINAL LN
NORTH RICHLAND HILLS TX
76180-5406
RAMCO REAL TV ICN,
700 N PEARL ST STE 2400
DALLAS TX
75201-2832
BIRDVILLE ISO,
6119 E BELKNAP ST
FORT WORTH TX
76117-4204
slaqe1 ssaJPPV @AlI3AW.
GREEN, CURTIS J ETUX
CATHLEEN
1211 RIDGEWOOD CIR
SOUTH LAKE TX
76092-9236
NORTHEAST CROSSING LP,
301 COMMERCE ST STE 306
FORT WORTH TX
76102-4143
RAM CO REAL TV INC,
700 N PEARL ST STE 2400
DALLAS TX
75201-2832
wJ,s¡aa4S paa:f 4¡OOWS
2
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24
.
26
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6
8
10
12
14
16
18
20
22
28
30
32
34
36
38
40
42
ORDINANCE NO. 2677
ZONING CASE PZ 2002-32
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 PORTION OF AN
18.278 ACRE TRACT OF PROPERTY FROM 11 (LIGHT INDUSTRIAL) AND
AG (AGRICULTURAL) TO 01 (OFFICE) 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 ofthe opinion that the zone change herein effectuated furthers
the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and
is in the best interest of the citizens of the City of North Richland Hills; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section I:
THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the
zoning map ofthe City of North Richland Hills are hereby amended by rezoning
an 18.278-acre tract of land located at 8901 Cardinal Lane and described on
Exhibit "A" hereto, from II Industrial and AG Agricultural to 0 I Office zoning.
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 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.
W:\NR General\Ordinances-Draft\Mapchange.Rezone.2677.wpd
I
Section 3:
The City Secretary is hereby authorized and directed to cause the publication of
the descriptive caption and penalty clauses of this ordinance as an alternative
method of publication provided by law.
2
e4
Section 4:
This ordinance shall be in full force and effect immediately after passage.
6
AND IT IS SO ORDAINED.
8
PASSED on this 13th day ofJanuary, 2003.
10
CITY OF NORTH RICHLAND HILLS
12
14
By:
16
Oscar Trevino, Mayor
18
ATTEST:
20
22
Patricia Hutson, City Secretary
24
e26
APPROV D S TO FORM AND LEGALITY:
28
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VOLUME 09796, PAGE 1375
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ZONED C-2
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ZONING EXHIBIT
NW CORNER of PRECINCT LINE RD.
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FIELD NOTE DESCRIPTION
ZONING EXHIBIT 1
STATE OF TEXAS
COUNTY OF TARRANT
BEING a tract of land situated in the L.C. WALKER SURVEY, Abstract No. 1652 and being a
portion of TRACT 1 and all of TRACT 2 conveyed to James Darrell Potts as recorded in
Volume 9305, Page 305 of the Deed Records of Tarrant County, Texas
( DRTCT ) and being more particularly described as follows;
BEGINNING at a 1/2 inch iron rod set at the intersection of the northerly Right-of-Way line of
CARDINAL ROAD ( variable width Right-of-Way) and the easterly line of Block 1 of the
HANSARD-LEWIS SUBDIVSION recorded in Volume 388-15, Page 409 of the Plat Records of
Tarrant County, Texas ( PRTCT );
THENCE departing the northerly line of said CARDINAL ROAD and along the easterly line of
said Block 1 North 00°43'23" West a distance of 639.92 feet to a 1/2 inch iron rod set for
corner in the southerly line of a tract of land conveyed to Charles D. Chambless as recorded
in Volume 4194, Page 663 ( DRTCT );
THENCE departing the easterly line of said BLOCK 1 and along the southerly line of said
Charles D. Chambless tract North 89°30'07" East a distance of 549.10 feet to a 1/2 inch
iron rod found for corner in the westerly line of a tract of land conveyed to the Mega life and
Health Insurance Company as recorded in Volume 12321, Page 538 ( DRDCT );
THENCE departing the southerly line of said Charles D. Chambless tract and along the
westerly line of said MCGA life and Health Insurance Company tract South 00°34'32" East a
distance of 665.03 feet to a 1/2 inch iron rod set for corner in the northerly line of a tract of
land conveyed to the National Old line Insurance Company as recorded in Volume 09796,
Page 1375 ( DRTCT );
THENCE departing the westerly line of said MCGA life and Health Insurance Company tract
and along the northerly line of said National Old line Insurance Company tract North
88°48'54" West a distance of 397.39 feet to a 3/8" inch iron rod found for corner in the
northerly Right-of-Way line of said CARDINAL ROAD;
THENCE departing the northerly line of said National Old line Insurance Company tract and
along the northerly Right-of-Way line of said CARDINAL ROAD North 85°23'08" West a
distance of 150.87 feet to the POINT OF BEGINNING;
CONTAINING within these metes and bounds 8.253 acres or 359,518 square feet of land
more or less. Bearings contained within this field note description are based upon an on the
ground survey preformed in the field on the 17th day of July, 2002 utilizing the bearings
found in a Substitute Trustee's Deed recorded in Volume 9305, Page 305 ( DRTCT ).
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CH ARLES D, CHAIIBLESS. ET UX
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NOT A BUILDABLE LOT
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DESIGN: M.D.C.
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FIELD NOTE DESCRIPTION
ZONING EXHIBIT 2
STATE OF TEXAS
COUNTY OF TARRANT
BEING a tract of land situated in the L.C. WALKER SURVEY, Abstract No. 1652 and being all
of a tract of land conveyed to Charles D. Chambless and Margaret L. Chambless as recorded
in Volume 4194, Page 663 of the Deed Records of Tarrant County, Texas ( DRTCT ) and
being more particularly described as follows;
BEGINNING at a point in the easterly right-of-way line of SIMMONS DRIVE (50' Right-of-
Way), said point being the southwest corner of Lot 1, Block 1 of the BIRDVILLE HIGH
SCHOOL ADDITION, an addition to the City of North Richland Hills, Texas, as recorded in
Volume , Page of the Plat Records of Tarrant County, Texas
( PRTCT );
THENCE departing the easterly right-of-way line of said SIMMONS DRIVE and along the
southerly line of said BIRDVILLE HIGH SCHOOL ADDITION South 89°50'58" East, a distance
of 1,319.36 feet to a point for corner bearing North 00°30'22" West, a distance of 0.59 feet
from the northwest corner of Lot 1, Block 1 of the AEGON OFFICE PARK ADDITION, an
addition to the City of North Richland Hills, Texas as recorded in Cabinet A, Slide 384 of the
Plat Records of Tarrant County, Texas (PRTCT );
THENCE departing the southerly line of said BIRDVILLE HIGH SCHOOL ADDITION and along
the westerly line of said Lot 1, Block 1 South 00°30'22" East, a distance of 332.20 feet to a
point for corner;
THENCE departing the westerly line of said Lot 1, Block 1 South 89°30'07" West, a distance
of 649.73 feet to a point in the northeast corner of Block 1 of the HANSARD-LEWIS
SUBDIVISION as recorded in Volume 388-15, Page 409 of the Plat Records of Tarrant
County, Texas ( PRTCT );
THENCE North 89°58'23" West, a distance of 672.74 feet to a point for corner in the
easterly right-of-way line of said SIMMONS DRIVE and being the northwest corner of a tract
of land conveyed to WILLIE HAROLD GRAY, et ux, as recorded in Volume 3347, Page 288 of
the Plat Records of Tarrant County, Texas ( PRTCT );
THENCE along the easterly right-of-way line of said SIMMONS DRIVE North 00°01 '37" East,
a distance of 340.98 feet to the POINT OF BEGINNING;
CONTAINING within these metes and bounds 10.253 acres or 446,560 square feet of land
more or less.
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.
.
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department
Council Meeting Date: 12/09/02
Subject: Public Hearing to Consider a Request by UICI Agenda Number: PZ 2002-37
Insurance Company for a revision to the Thoroughfare Plan in the vicinity of the 8900
block of Cardinal Lane. Ordinance No. 2678
Case Summary:
As a result of a proposed zoning change by UICI on approximately 18 acres adjacent to
the current office facilities, UICI is requesting abandonment of a portion of a proposed
commercial street (Road "A"). Since the proposed zoning and platting request
encompasses both sides of the proposed road "A", staff is in favor of removing this section
of street from the Thoroughfare Plan (see attached map).
UICI has also received preliminary plat approval from the Planning & Zoning Commission
for the 18-acre parcel and is requesting a thoroughfare revision ordinance for future
abandonment of a perimeter street. Staff has agreed in concept that if the major portion of
this land is used in a campus type setting with a single user then the commercial street
could be removed from the Thoroughfare Plan in the future.
If UICl's new property is platted as a single lot as shown in exhibit "B" the proposed
ordinance would obligate the City to remove proposed Road B from the thoroughfare plan.
If UICI subdivides the lot in any other manner Road B would remain on the thoroughfare
plan.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission at their meeting on, November 14, 2002,
recommßnded approval of PZ 2002-37 by a vote of 7-0.
RECOMMENDATION:
If the Council determines that this Thoroughfare Plan revIsion is acceptable, the
following motion is recommended: Approval of PZ 2002-37 and Ordinance No. 2678.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds Available
-oJ
~or¿~
Finance Director
Department Head Signature
~~
PZ 2002-37 UICI Thoroughfare Plan CC
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5.
PZ 2002-32
PUBLIC HEARING TO CONSIDER A REQUEST FROM MIKE CLARK
REPRESENTING MARGARET CHASE CHAMBLESS AND CARDINAL LANE
INVESTORS LLC FOR A ZONING CHANGE FROM "I-L" LIGHT INDUSTRIAL
AND" AG" AGRICULTURE TO "0-1" OFFICE AT 8901 CARDINAL LANE
(18.278 ACRES). (POSTPONED FROM THE OCTOBER 24TH MEETING)
APPROVED
6.
PZ 2002-37
CONSIDERATION OF A THOROUGHFARE PLAN REVISION FROM MIKE
CLARK IN THE 8900 BLOCK OF CARDINAL LANE.
APPROVED
·
7.
PS 2002-39
CONSIDERATION OF A REQUEST FROM MIKE CLARK TO APPROVE THE
PRELIMINARY PLAT OF LOTS 1 AND 2, BLOCK 1 UICI ADDITION LOCATED
IN THE 8900 BLOCK OF CARDINAL LANE (19.78 ACRES).
APPROVED
Zoning Administrator Dave Green summarized the three requests. He stated
that these cases are related and generated by a proposed future westward
expansion of the UICI Insurance development located immediately to the east.
The applicant's first request is to rezone the site from "I-L" Light Industrial and
"AG" Agricultural to the "0-1" Office District. The second request is to revise the
street system in this area of the proposed expansion by the elimination of two
future streets. The third request was the approval of a preliminary plat of the site
known as Lots 1, 2, 3, & 4, Block 1 UICI Addition. Mr. Green pointed out that the
Public Works Department has requested a minor revision to the wording of a
detention area on the plat, otherwise the proposed plat satisfies all staffs
comments.
Chairman Don Bowen opened the public hearing.
·
Michael Clark, Winkleman & Associates, 6750 Hillcrest Plaza, #100, Dallas
75230 representing the landowners as well as a proposed purchaser B-3 Realty
and UICI. Mr. Pat Fox from B-3 Realty and Mr. Makens were present. Mr. Clark
commented as far as their zoning request it is the same as what Mr. Green
stated. As far as the thoroughfare amendment is concerned, they have worked
with staff on an agreement to eliminate the part of the roadway leg that goes to
the east property line and dead ends. This roadway is on the Thoroughfare Plan
Page 11 11/14102
P & Z Minutes
:.
·
and is an encumbrance for UICI from a security stand point as It creates a no-
mans land from the alignment with Walker Drive. As a solution, the applicant is
proposing a covenant restriction on this roadway (designated roadway "B") that
would run with the land. The covenant will stipulate that roadway "B" would not
be deleted from the Thoroughfare Plan unless there was contiguous ownership
of the two developments and a single lot development were proposed that
included a cui de sac on road "A". This situation allows UICI and B-3 Realty to
purchase the property with the knowledge that they can develop it like they want
to and gives the city the hammer to have the roadway shown on the preliminary
plat. The applicants are in agreement with Staff's comments on the preliminary
plat and will make the change.
Chairman restated that this is an open hearing and asked if there was anyone
wishing to speak in favor or against the zoning request.
Chairman Don Bowen closed the public hearing.
Mr. Nehring, seconded by Mr. Schopper, motioned to approve PZ 2002-32.
The motion carried unanimously (7-0).
Mr. Tucker, seconded by Chairman Don Bowen motioned to approve PZ
2002-37. The motion carried unanimously (7-0).
· Mr. Tucker, seconded by Ms. Cole motioned to approve PZ 2002-39 to
include engineer's comments. The motion carried unanimously (7-0).
Chairman Don Bowen announced that the next two cases are connected.
9.
PZ 2002-33
PUBLIC HEARING TO CONSIDER A REQUEST FROM CHARLES SMITH ON
BEHALF OF NORTH HILLS HOSPITAL FOR A ZONING CHANGE FROM "R-
2" RESIDENTIAL TO "NS" NEIGHBORHOOD SERVICE AT 7800 ROGAN
DRIVE.
DENIED
10.
PZ 2002-34
CONSIDERATION OF A SITE PLAN APPROVAL REQUEST FOR NORTH
RICHLAND HILLS HOSPITAL AT 7800 ROGAN DRIVE.
DENIED
·
Page 12 11/14/02
P & Z Minutes
·
·
·
PLANNING & ZONING COMMISSION
STAFF REPORT
NOVEMBER 14, 2002
CASE NO. PZ 2002-37
Revising Thoroughfare Plan
APPLICANT:
Mike Clark for Margaret Chase Chambless and Cardinal Lane Investors L.L.C.
REQUEST:
As a result of a proposed zoning change by UICI on approximately 18 acres
adjacent to the current office facilities, UICI is requesting abandonment of a portion
of a commercial street. Since the proposed zoning and platting request
encompasses both sides of the proposed street, staff is in favor of removing this
section of street from the thoroughfare plan.
UICI is also providing a preliminary plat for the 18 acre parcel and is requesting a
developer covenant agreement for future abandonment of a perimeter street. Staff
has agreed in concept that if the major portion of this land is used in a campus type
setting with a single user then the commercial street could be removed from the
thoroughfare plan in the future. A developers agreement or covenant is being
drafted that would require City Council approval as part of this request.
Please refer to the enclosed thoroughfare map. Staff will be prepared to discuss
this issue at the meeting as part of the zoning and platting requests.
PROPOSED USE:
Expansion of the UICI Insurance development (Mega Life) located immediately to
the east of this site.
PLAT & THOROUGHFARE INFORMATION:
In addition to the rezoning request, the applicant has also submitted a Preliminary
Plat and a request to revise the Thoroughfare Plan in this vicinity (see attached
map). A Traffic Impact Analysis, submitted by the applicant, is currently being
reviewed by the Staff and will be discussed at the P&Z work session.
LOCATION:
8901 Cardinal Lane (Mapsco 38Z).
ORDINANCE NO. 2678
· AN ORDINANCE OF THE CITY OF NORTH RICH LAND HILLS, TEXAS;
AMENDING THE MASTER THOROUGHFARE PLAN OF THE CITY OF NORTH
RICH LAND HILLS, TEXAS, PASSED, APPROVED AND ADOPTED BY THE CITY
COUNCIL IN DECEMBER 2002; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills has
forwarded a recommendation to the City Council for amendment of the Master
Thoroughfare Plan of the City of North Richland Hills, Texas; and
WHEREAS, the City Council has conducted a Public Hearing to consider said revision, and
after hearing, determines that such revisions shall be adopted; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS:
Section 1 : THAT the Master Thoroughfare Plan is hereby amended by removing the
eastern portion of Road "A" a Modified CS 70-40 street as described in
Exhibit "A".
·
Section 2: THAT Road "B" a Modified CS 70-40 street as described in Exhibit "A" remain
on the Master Thoroughfare Plan. The City of North Richland Hills agrees
to delete Road "B" in its entirety from the Master Thoroughfare Plan if a final
plat is approved for Lot 1, Block 1, UICI Addition as shown on Exhibit "B".
Section 3: THAT the Master Thoroughfare Plan be redrawn to incorporate this
amendment.
Section 4: It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section
of this ordinance shall be declared invalid or unconstitutional by the valid
judgment or degree of any Court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this ordinance, since the
same would have been enacted by the City Council without the
incorporation in this ordinance of any such invalid or unconstitutional
phrase, clause, sentence, paragraph or section.
Section 5: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances
·
Ordinance No. 2678
Page 1 of 2
·
·
·
affecting health and safety which have accrued at the time of the effective
date of this ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under
such ordinances, same shall not be affected by this ordinance, but may be
prosecuted until final disposition by the courts.
Section 6:
This ordinance shall be in full force and effect immediately upon passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED this 13th of January, 2003.
CITY OF NORTH RICH LAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
Approved as to form and legality:
George A. Staples, Attorney
Ordinance No. 2678
Page 2 of 2
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CORNER OF PRECINCT LINt RD. & S.H. 26
NORTH RICH lAND HillS, TEXAS
DESIGN: M.D.C.
DRAWN: R.D.L.
DATE: 12/11/02
REV: 1/7/03
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CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department
Council Meeting Date: 1/13/03
Subject: Public hearing to consider an appeal request by Bobby Kuban Agenda Number:PZ 2002-27
for a Special Use Permit (SUP) in the "C-1" Commercial District for a gasoline service
station in the 6300 block of Davis Boulevard. Ordinance No. 2681
Case Summary
The applicant is requesting a Specific Use Permit in the "C-1" Commercial District for a
QuickTrip Convenience Store and self-service gasoline station containing 24 gasoline
pumps. The development would be located on 2.45 acres at the southwest corner of the
intersection of Mid-Cities and Davis Boulevards. The applicant intends to sell beer from
this location. The location does meet all distance regulations required for selling beer.
The Zoning Ordinance defines any gasoline facility having less then 9 pumps as being a
secondary or accessory use (in this case) to a convenience store. Any facility having 9 or
more pumps is considered a service station with the convenience store becoming the
secondary or accessory use. The proposed 24-pump facility, by definition, places this
development in the category of a service station. The current zoning of the site ("C-1"
Commercial) requires all service stations to have a Special Use permit (SUP) for
operation.
Comprehensive Plan:
The Comprehensive Plan recommends retail uses for this intersection. The proposed use
is considered an automobile-oriented use which the Comprehensive Plan says is best
suited to a commercial area, not retail. The intersection of Mid-Cities and Davis
Boulevards represents one of the last undeveloped commercial areas in North Richland
Hills. As such, the character of any proposed development should be given careful
consideration to make sure that it is consistent with the City's Plan for the area. Approval
of the proposed use with its automotive-based character along with the existing Shell
(former Texaco) station located on the opposite corner (northeast) of the intersection will
set the tone in this area for automotive rather than retail uses. The applicant also owns the
adjacent property immediately to the west and south of this site. Staff believes it is highly
important that a site plan be included on this tract so that a more comprehensive, rather
than piece-meal approach to development, be considered.
Surrounding Zoning I Landuse:
North: C-1/ Vacant
East: C-1/ Walgreen's Drug Store
South: C-1/ Vacant
West: C-1/ Vacant
Finance Review
Source of Funds:
Bonds (GOlRev.)
Operating Budget
Other - ~
~~~
Account Number
Sufficient Funds A vaIlable
Finance Director
Department Head Signature
~~nue
Page 1 of 4
.. ~......,~ ~^_._'"-,,
CITY OF
NORTH RICHLAND HILLS
Plat Status:
The proposed site is not platted. The applicant has submitted a preliminary plat that is
currently being reviewed by staff. This preliminary plat will be ready for consideration by .
the Planning and Zoning Commission at their upcoming January 16th meeting.
Existing Use /Site Attributes:
The site is vacant with only grass as vegetation. The site exhibits a gentle slope rising
from the Davis I Mid-Cities Boulevard intersection upwards toward the southwest.
Building Design and Materials:
The proposed convenience store and gasoline pump canopy are oriented toward Davis
Boulevard. The single-story, flat-roof design building is constructed of all masonry
materials. The building has a public access doorway and parking on the rear of the
building (facing Mid-Cities Boulevard). The proposed gasoline canopy is 191' long, 62'
wide (11,842 square feet) and stands approximately 23' high covering a total of 24
gasoline pumps. The proposed canopy is a flat design with 4' fascia band around all four
sides. Canopy support columns are masonry-clad per city requirements.
Over the past three years the City Council has adopted a number of Ordinance revisions
designed to "raise the bar" with regard to building aesthetics. One such revision was to
require pitched-roof designs for residential carports. These characteristics have
consistently been applied to commercial designs as well. Recent examples approved by
the city include RaceTrack (Grapevine Highway), Murphy Oil (Wal-Mart), Glenview
Quickmart (Mr. Ko) and the Rufe Snow Car Wash. The QuickTrip Corporation has built
examples of convenience store I gasoline canopies with and without a pitch-roof design
throughout the Metroplex. A pitched-roof design has been suggested to QuickTip
representatives for this location should this case be approved, however, QuickTrip
representatives have stated that they prefer the flat-roof design. One such example of a
pitched-roof design is located on South lake Boulevard in South lake. Because the canopy's
proposed size makes it a visually significant structure for this location and City Council has
been consistent in requiring pitch roof canopies for gas stations, staff would recommend
that a 4:12 pitch roof (such as noted in Southlake) be made a condition for approval of this
SUP.
Access and Parking:
Parking spaces proposed by the site plan are consistent with city regulations. As noted
earlier, the building will have a public entrance on the rear of the building from Mid-Cities
Boulevard. Fifteen parking spaces have been provided at this entrance for customers.
Access to the site as shown on the attached drawings includes two 35' full access points
from Mid-Cities Boulevard, one 35' right-in, right-out access drive from Davis Boulevard
and one 35' right-in, right-out access drive from Smithfield Road. The Mid-Cities and
Smithfield Road access points are connected to the site via a 35' access easement.
Staff has held several meetings with the applicant and their representatives to discuss
among other design issues; traffic access and circulation. The applicant has submitted
several Traffic Impact Analyses for staff to review. Attached is the executive summary of
the final, revised Traffic impact Analysis (TIA) and comment letters from both the applicant
and the Public Work's Department concerning access to and circulation around this site.
CITY COUNCIL ACTION ITEM
Page 2 of4
- _._..~.._,---_.,
CITY OF
NORTH RICHLAND HILLS
The applicant, following the Commission's denial of this request, submitted a revised
access plan and TIA to staff. This revised plan is not attached to this report as it was not ,
part of the Commission's deliberation in their recommendation of denial.
Landscaping and Screening:
The proposed landscaping meets and in some respects exceeds Landscape Ordinance
requirements. This includes 15' setbacks along Mid-Cities and Davis Boulevards with
street trees, perimeter screening shrubs. Parking Lot Trees, perimeter shrubs, and the
total amount of overall landscaping exceeds city requirements.
Signage and Lighting:
The site plan indicates two monument signs, one each for Mid-Cities and Davis
Boulevards. Sign elevation details indicate that both signs are consistent with Sign
Ordinance requirements. The proposed gasoline canopy contains QuickTrip logos on
three of four sides. In addition, logos and signs are proposed on both the front and rear
facades of the building. These signs are also consistent with the Sign Ordinance.
The applicant has submitted a Photometric Plan for review. The plan shows very little
"bleed-over" effect of lighting on adjacent properties or public streets.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission at their meeting on December 19. 2002.
recommended denial of PZ 2002-27 by a vote of 3-2. The applicant immediately submitted
a letter requesting an appeal of this recommendation to the City Council.
The following issues represent planning concerns with this request.
. The intersection of Mid-Cities and Davis Boulevards represents not only one of the few
remaining undeveloped areas in the community but its location is of strategic
importance as well. Within one-half mile of this location are several significant existing
and future developments such as; Home Town NRH, the Smithfield historical area, and
the DART rail line and future rail station location. Davis Boulevard (FM 1938) is a
major northlsouth thoroughfare connecting Loop 820 with adjacent communities in
Northeast Tarrant County. Mid-Cities Boulevard is part of a continuous major
thoroughfare stretching from 1-35 in Fort Worth to SH360 in Euless. Because of these
factors, the character of development at this intersection is extremely important as it
reflects an image of the community not only to it's citizens but to large numbers of
passersby as well.
. At the present time a convenience store with less than 9 fueling pumps would be
permitted on this site without the requirement of a Special Use Permit (SUP). This is
because the principal use (convenience store) is considered retail rather than an
automobile-based use. The applicant's request represents a three-fold increase in the
number of fueling pumps (24) that could be permitted thereby substantially changing
the character and intensity of the development. The Comprehensive Plan does not
support this level of intensity.
CITY COUNCIL ACTION ITEM
Page 30f4
, -,~...--,.-,,~...-........_'_"""--"-
.
.
.
CITY OF
NORTH RICHLAND HILLS
. The applicant owns 7.18 Acres at this intersection. The proposed QuickTrip
development accounts for approximately 2.45 acres. The applicant has never·
submitted a formal development plan for the remaining acreage. Approval of this
request without considering or taking into account the impact of the proposed gasoline
station on future access, circulation and intensity of land uses on adjacent properties is
a piece-meal approach to development.
. The large canopy represents a significant structure at this intersection both in terms of
aesthetics and scale. The topography of this site rises from the intersection of Mid-
Cities and Davis Boulevards back toward the southwest. In addition, this corner is
elevated above the other corners of this intersection. Structures built on this southwest
corner will tend to dominate or overshadow other development at this intersection. This
is a significant factor when considering the scale of the proposed fueling canopy.
RECOMMENDATION:
To uphold the recommendation of the Planning and Zoning Commission to deny
this request based on the intensity of the proposed use and the lack of an over-all
cohesive development plan for the entire 7.18 acre tract owned by the applicant.
CITY COUNCIL ACTION ITEM
Page 4of4
- '--.>------..--
.
.
.
10.
PZ 2002-27
PUBLIC HEARING TO CONSIDER A REQUEST BY BOBBY KUBAN FOR A
SPECIAL USE PERMIT (SUP) IN THE "C-1" COMMERCIAL DISTRICT FOR A
GASOLINE ~ERVICE STATION IN THE 6300 BLOCK OF DAVIS BOULEVARD.
DENIED
Zoning Administrator Dave Green summarized the case. This site is located at the
southwest corner of the intersection of Davis Boulevard and Mid-Cities. This will be a
typical Quiktrip type of gasoline facility. How this site is treated, based on City
ordinance, is that it will be defined as a convenience store with gasoline facilities
covered by a canopy. City ordinance allows that a facility that services eight or less
automobiles simultaneously is considered to be a convenience store with gas facilities
as an accessory use. A facility with nine or more pumps that can serve nine or more
automobiles at the same time is defined as a gasoline facility, therefore, under the
definitions in City ordinance, this request is for a gasoline facility. In this particular
situation there is a total of 24 pumps.
The applicant has included a site plan, landscape plan and building elevations. The
applicant has met, and in some cases exceeded, the City landscape requirements. The
building is all masonry with a flat roof design canopy with brick along the support
columns.
The facility is oriented toward Davis Blvd. with an access point off of Davis Blvd. which
currently is a right-in, right-out. Since Davis Blvd. is a State Highway, TXDOT must
agree to allow the right-in, right-out to become a full access point onto Davis Blvd.
There are full access points from two different locations on Mid-Cities Blvd., but there
are no median breaks on Mid-Cities so these two locations function as eastbound-only
access points. There is a right-in, right-out off of Smithfield Road.
The entire site of approximately 7 -acres is owned by the applicant, but the applicant is
only bringing forward plans for the corner of the site, which concerns staff. The
character of the corner of this site will set the precedent for the remaining development
of the site. The canopy of the proposed structure is large and will make a visual impact
since this corner is raised higher than the other three corners. In addition, over the last
few years, the City has been requiring gasoline canopies to have pitched roofs. Staff
asks for the additional requirement of a pitched roof if this request is approved.
An additional concern is the incompatibility with the Comprehensive Land Use Plan.
The Comp Plan calls for retail use for this site. Automotive use is considered a
commercial use which is more intense than retail. Since this is a stand-alone request,
staff feels that it is too intense for this intersection.
Chairman Bowen opened the public hearing.
Page 10 12/19/02
P & Z Minutes
·
·
·
Chad Stanford, 8220 Pecan Ridge Dr., North Richland Hills, is the Real Estate Manager
for Quiktrip Corporation. He pointed out engineers, consultants, and other attending
members of the Quiktrip family in the audience. He thanked the Commission for tabling
this project last month in order to allow Quiktrip to address some issues, particularly
regarding traffic and the traffic impact analysis (TIA).
Mr. Stanford explained that Quiktrip is one ofthe Forbes top 100 companies, which
opened 44 years ago in Tulsa. Currently they have 400 stores nationally; 18 of which
are in the metroplex area. Mr. Stanford feels they have a quality business and that their
facility would raise the bar for development of this type in North Richland Hills.
He stated that the property is zoned C 1 Commercial which allows a convenience store
with eight fueling positions or less. Quiktrip is required to seek an SUP because they
have more than eight fueling positions.
Quiktrip is purchasing seven acres at this site, of which a little less than two acres will
be the Quiktrip facility itself. The remainder will be developed in the future. Quiktrip is
proposing a 5,000 sq. ft. masonry building with masonry columns under the gas canopy.
He stated that this is not a typical Quiktrip store in that there is a rear entry to the store,
much more landscaping than is typical, and architectural modifications to comply with
the City standards for presentation on this prominent corner.
Mr. Stanford reviewed, on the site plan, the access points pointed out by Mr. Green. He
stated that they do not wish for median breaks and they have no intention of requesting
median breaks in the future. The applicant's site plan shows a 50' right-of-way
dedication on Mid-Cities and a 12' right-of-way dedication along Davis Blvd., in
anticipation of future widening of those roads. In addition, at the recommendation of the
TIA and City engineer's, Quiktrip is willing to install a thru-Iane on Mid-Cities.
Mr. Stanford explained that Quiktrip's site plan does not show a connection to Newman
because TXDOT has indicated that Quiktrip will be allowed a full access point on Davis
if Newman is abandoned. If Newman is not abandoned, Quiktrip would like to come
back in the future and tie into Newman Rd.
To refute staffs comment that the use is too intense, Mr. Stanford showed the
Commission members an architect's concept plan, which illustrated some ideas of how
the remainder of the site could be developed around the Quiktrip so that the overall
theme of the site is not automotive use. The rendering suggested a bank, restaurant
and office complex. Mr. Stanford further stated that the TIA does not suggest that
Quiktrip will adversely impact traffic at that corner. He suggested that the Quiktrip store
could help with the traffic problem in that area since Quiktrip's business captures pass-
by traffic as opposed to generating new trips from across town. Mr. Stanford also stated
that it is not their experience in the DFW area that they will attract other auto uses close
to their facility. He showed the Commission members examples of other Quiktrip stores
and their surrounding businesses.
Page 11 12/19102
P & Z Minutes
_____w__·___ .--- -. -
.
.
.
Mr. Stanford stated that Quiktrip feels that they are the best in their industry. He
mentioned that their landscaping is well in excess of the ordinance. He stated that they
brought forward a flat canopy in order to match the historical look wanted in the
neighboring historic Smithfield area, i.e., back in the 1900's the roof was a flat design.
Quiktrip is willing to add ornamental light poles (similar to their store in Keller) to match
the historical theme. Mr. Stanford showed a picture of the Southlake store. Chairman
Bowen asked how many pumps are at their Southlake store? Mr. Stanford responded
that there are 12 pumps (24 fueling positions).
Mr. Stanford summarized Quiktrip's presentation with three points: 1) proper land use;
2) compatible architecture; and 3) driveway access on Davis.
The Chairman called for comments or questions.
Mr. Lewis commented that south of this site a convenience storelgas station was in
operation for only two to three months. North of the site at the intersection of Precinct
Line and Davis sits a closed convenience store facility. Mr. Lewis stated that he lives
north of this site, but based on traffic patterns at this site, he would not be invited to use
this facility because he would not be able to exit and continue north on Davis Blvd. Mr.
Lewis pointed out that in Quiktrip literature sent to the Commission members there is a
message from Quiktrip's Chairman that states that he will not hesitate to close a store
that is not measuring up to Quiktrip's expectations. Considering the history of
convenience stores in this general area, Mr. Lewis is concerned that the City will have a
vacant facility in a short period of time.
Mr. Stanford replied that small convenience stores with a small number of fuel pumps
cannot survive in today's market. They cannot compete against Wal-Mart and
Albertson's fuel centers. He believes that there is a need for a large, modern fueling
facility along Davis Blvd.
Mr. Schopper commented that he is more comfortable with Quiktrip owning 7-acres
rather than just the 2-acre portion where the convenience store is proposed. He said
the access along Mid-Cities is okay, but he is concerned with the access on Davis. He
stated that it is not convenient access for people traveling north on Davis Blvd.
Mr. Stanford responded that full access on Davis is very important. They hope that staff
and TXDOT will allow abandonment of Newman Rd. and full access on Davis Blvd.
Mr. Schopper asked if they could do the Newman access and eliminate the Davis curb
cut? Mr. Stanford responded that they do not wish to do that. He repeated that they
prefer full access off of Davis Blvd.
Farman Shir, Civil Engineer, CEI, came forward. CEI prepared the traffic impact study
for Quiktrip. He stated that the driveway locations meet the corner clearances for both
streets. He supports the abandonment of Newman Road and full access on Davis
because there is an expectation of a low volume of traffic making left turns in and out of
Page 12 12/19102
P & Z Minutes
.
the Quiktrip driveway. The traffic impact study indicated that ten vehicles will turn left
out of the facility at a.m. or p.m. peak hours. That translates into one car every five or
six minutes making a left turn from the drive. Based on this volume, he stated that they
do not see a public safety issue with a full access drive.
Mr. Laubacher commented that he is torn. He stated that he believes Quiktrip is a
wonderful organization and that most of their stations look nice. He said their
explanation of the look of the Southlake store versus the one proposed here makes
sense, however, besides being somewhat adjacent to the historical district area, this
store is also very close to Home Town, which uses a great deal of Austin Stone. He
hopes Quiktrip will keep that in mind. He believes the Quiktrip is too intense for this
critical intersection that will set the tone for a lot of aspects of the City for the next 10-15
years. He would have preferred to see a full development of the 7 -acres rather than
speculation. He would like to see a definite decision on Newman Rd. rather than just a
presumption. He has great concern with the right-in, right-out. At Davis and North
Tarrant Parkway, he sees people turning left out of the right-in, right-out at Wal-Mart.
He sees people make U-turns because of the right-in, right-out. He isn't opposed to this
project, but needs to feel better about certain aspects before he can support it.
.
Mr. Nehring commented that he likes Quiktrip facilities. He believes this use might be a
little intense for this corner. He appreciates the effort Quiktrip has made to go beyond
City regulations on this project, such as with landscaping. He has some traffic
concerns, but if Newman is abandoned and straight access is given off of Davis, Mr.
Nehring believes that drive will work out. He likes the South lake store and would like to
see that type of unit built at this site.
Mr. Schopper commented that he has traffic concerns. The abandonment of Newman
depends on the property owner on the south side. He believes that if Newman is
abandoned, Quiktrip should place the curb cut there, which would allow for a signal. He
stated that he also likes the look of the Southlake store -- for the City of Southlake, not
North Richland Hills. He would like to see a historical, period look for this site. A flat
canopy would work better than a pitched canopy because the flat canopy would be less
noticeable. He said the trees and berms are good and create good camouflage.
.
Mr. Stanford stated that if Newman is not abandoned, Quiktrip will tie-in at that point, but
retain the existing right-in, right-out. Mr. Schopper and Mr. Stanford exchanged
comments and ideas regarding traffic issues, abandonment of Newman, and Davis
access which concluded with Mr. Jeff Thoene, Director of Real Estate, Quiktrip, coming
to the podium to explain that if the drive is moved to Newman, eliminating the Davis
Blvd. right-in, right-out it will kill this project. He stated that over the years Quiktrip has
developed a business model that works in the industry. They know what to expect from
their customers. He stated that if it isn't convenient for people to turn in they will pass
Quiktrip and go to a store that is convenient. He said that Quiktrip knows that at peak
periods, people going northbound or westbound will use the Texaco station rather than
the Quiktrip because it will be more convenient for them to use the Texaco at peak
periods. However, people going east on Mid-Cities and south on Davis will use this
Page 13 12/19102
P & Z Minutes
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.
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Quiktrip. He also mentioned that when Quiktrip puts the thru-Iane in and dedicates the
right-of-way, this intersection's traffic flow will be improved, at Quiktrip's expense,
saving the City a large amount of money. Mr. Thoene referred to Mr. Lewis's concerns
regarding the possibility of Quiktrip closing this store location in the future. He stated
that the Phoenix and Dallas divisions are three years old and have had no store
closings. The next newest divisions, Atlanta and St. Louis, which are 15-year old
divisions, have had four store closings - three in Atlanta and one in St. Louis.
Mr. Schopper asked if there are any Quiktrip stores in historical areas.
Mr. Thoene stated that there are two - the Keller store and one in Kansas City. The
Kansas City store is similar to the look of the Southlake store. It has darker brick and a
flat canopy. It does not have ornamental lights. The Keller store is as close a match to
this proposed location -- modern to match Home Town yet historical to match
Smithfield.
Chairman Bowen asked how many curb cuts would be allowable for the entire site. Mr.
Barton, Public Works, said the ordinance reads 500' between driveways and major
arterials.
Chairman Bowen asked if there is 500' between the two curb cuts on Mid-Cities. Mr.
Barton responded yes.
Chairman Bowen asked if the curb cuts serve the remainder of the property. Mr. Barton
responded that the proposed 24' access easement could serve both lots, but the full
access on Davis as currently proposed by Quiktrip would serve only the Quiktrip, not the
remainder of the property.
Mr. Thoene restated that they will have full access if Newman is abandoned. TXDOT
has already given Quiktrip a letter that they will support full access if Newman is
abandoned. The landowner to the south has, in the past, expressed support for the
abandonment of Newman. Quiktrip plans to meet with that property owner soon. If it
doesn't happen, Quiktrip will come back and connect to Newman, and have a right-in,
right-out on Davis, and a left-in from Davis. Mr. Thoene and the Commission members
discussed the concept plan and other possibilities of curb cuts based on the concept
plan.
Mr. Schopper inquired as to the height of the landscaped trees. Mr. Thoene stated that
they will be to City standards - 3" caliper. John Pitstick stated that 3" caliper is about
7'-8' tall.
Jonathon Vinson, who does land use and zoning law work for Quiktrip, summarized
how, in his opinion, this use is much more retail in character, rather than automotive.
Chairman Bowen asked if there was anyone else wishing to speak. There were none
and he closed the public hearing.
Page 14 12/19102
P & Z Minutes
·
·
·
Mr. Schopper, seconded by Mr. Nehring motioned to approve PZ 2002-27 with
stipulations that historical architecture is used and the trees along the roadways
are 12' minimum in height
Mr. Laubacher commented that he would have to vote no because planning is the P&Z
Commission members job and on this project there are too many unknowns.
Mr. Lewis stated that this is not the use he would like to see at this intersection. He
would like to see multi-tenant retail use so the project has the ability to withstand the
economy as tenants come and go.
The Chairman stated that he believes Mr. Schopper's motion is headed in the right
direction, but the Chairman would like to see the entire area under plan.
The Chairman called for the vote and the motion was defeated (2-3) with
Chairman Bowen, Mr. Lewis, and Mr. Laubacher voting against the motion.
Mr. Lewis, seconded by Mr. Laubacher, motioned to deny PZ 2002-27. The motion
carried (3-2) with Mr. Schopper and Mr. Nehring voting against the motion.
Chairman Bowen instructed the applicant that they have the right to appeal, within ten
days, to the City Council.
Page 15 12/19/02
P & Z Minutes
.- -- .,~-~ -- -------.--..-«
N
A
NI~H
PZ 2002-27
SUP
Service Station/Convenience Store
Prepared by Kellie Smith/Planning Dept.
10/31/02
o
I
200
400 Feet
I
·
·
·
NOTICE OF NEW PUBLIC HEARING DATE
NORTH RICHLAND HILLS
PLANNING AND ZONING COMMISSION
CASE #: PZ 2002-27
6300 Block of Davis Boulevard
A portion of Tracts 5, 5A, 5B, and 5C of the John H.
Barlough Survey, Abstract 130
You are receiving this notice because you are a property owner of record
within 200 feet of the above property.
Purpose of Public Hearing:
Bobby J. Kuban, on behalf of the property owner, is requesting a Special Use Permit
(SUP) on the above tracts for a service station development in the current C-1
Commercial District. The applicant is proposing to develop a QuicKTrip Convenience
Store with 12 gasoline pumps.
Public Hearing Schedule:
Public Hearing Dates:
PLANNING AND ZONING COMMISSION
THURSDAY, DECEMBER 19, 2002
CITY COUNCil
MONDAY, JANUARY 13, 2002
7:00 P.M.
CITY COUNCil CHAMBERS
7301 N. E. lOOP 820
NORTH RICHlAND HillS, TEXAS
Time:
Location:
If you have any questions or wish to submit a petition or letter concerning
the above request, please contact:
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Phone (817) 427-6300
Fax (817)427-6303
--- -." "-.---.
.
.
.
/ REMCOREALTYINC,
DALLASTX
BARLOUGH, JOHN H SUR
A 130 TR 5C01
6400 SMITHFIELD
700 N PEARL ST STE 2400
REMCO REALTY INC,
DALLASTX
BARLOUGH, JOHN H SUR
A 130 TR 5C
6301 DAVIS
700 N PEARL ST STE 2400
REMCO REALTY INC,
DALLAS TX
BARLOUGH, JOHN H SUR
A 130 TR 5B
6320 SMITHFIELD
700 N PEARL ST STE 2400
REMCO REALTY INC,
DALLASTX
BARLOUGH, JOHN H SUR
A 130 TR 5B
6320 SMITHFIELD
700 N PEARL ST STE 2400
REMCO REALTY INC,
DALLASTX
BARLOUGH, JOHN H SUR
A 130 TR 5A
6300 SMITHFIELD
700 N PEARL ST STE 2400
REMCO REALTY INC,
DALLASTX
BARLOUGH, JOHN H SUR
A 130 TR 5
6301 DAVIS
700 N PEARL ST STE 2400
REMCO REALTY INC,
......,'~~.
._. _ ___ ..,__,.... _._. n _ _.' .-.._..-, "." ._._,~ m._'" ._.~>_,__.~___._,.__-:-_~__,.._~____
PETERS & ASSOCIATES
ENGINEERS, INC.
December 12, 2002
Mr. John Lovell
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, TX 76182
E-mail: JLOVELL@nrhtx.com
RE: P877
Traffic Study - QT Store
Third Addendum Executive Summary Letter
North Richland Hills, Texas
Dear Mr. Lovell:
As requested, Peters and Associates Engineers, Inc. has prepared this Executive Summary for the
Third Addendum to our traffic impact study report dated October 2, 2002 for a proposed Quick
Trip convenience store and gas station development located on the south side of Mid-Cities
Boulevard, on the west side of Davis Boulevard (FM 1938) and on the north side of Newman
Drive in North Richland Hills, Texas. The site is just east of Smithfield Road. The commercial
site is proposed to consist of a convenience store with gas pumps as indicated on the project site
plan (a reduced copy of the revised updated site plan is included in this letter for reference).
EXECUTIVE SUMMARY FOR THIRD ADDENDUM
This Third Addendum addresses the projected traffic conditions in the vicinity of the site
proposed to be developed as reflected on the revised attached site plan dated December 2002.
The changes on the revised site plan include the following:
o The elimination of the access drive intersecting Newman Drive
o The access drive intersecting Davis Boulevard is proposed to be constructed as a right-
inlright-out only access drive
o The access drive intersecting Smithfield Road is proposed to be constructed as a right-
inlright-out only access drive.
All of other access drives and site plan layout are as studied in the original traffic study dated
-October 2, 2002.
Current average daily traffic count volumes in the vicinity of the development were provided by
the City of North Richland Hills.
.--. ---.--.
Mr. John Lovell
December 12,2002
Page 2
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Other traffic count data collected as a part ofthis study includes AM and PM peak hour vehicle
turning movement counts at the following intersections:
· Mid-Cities Boulevard and Davis Boulevard*
· Mid-Cities Boulevard and Smithfield Road*
· Davis Boulevard and Newman Drive.
*Counts provided by the City of North Richland Hills made in 200 I by others.
Projected traffic volumes for the proposed development were calculated. These projected site
generated trips were added to the existing traffic volumes, which resulted in total projected
traffic volumes at development of the Quick Trip convenience store and gas station.
Existing conditions at the aforementioned intersections were analyzed and compared to projected
traffic conditions and projected traffic conditions at these same intersections, as well as the
access drives proposed to serve the site. Additional analysis has been done to include a five-year
growth factor at a rate of 3 percent per year for the existing traffic volumes and combined with
the projected site generated volumes. Results of the analysis have indicated:
o No reductions in Level of Service (LOS) are projected to occur as a result of the revised
site plan dated December 2002, compared to the original traffic study dated October 2,
2002 for projected traffic conditions as well as projected traffic conditions with the five
year growth factor applied, except the eastbound right-turn movement on the access drive
intersecting Davis Boulevard during the PM peak hour. This movement is projected to
operate at an improved acceptable LOS in the AM peak hour, but is projected to operate
at LOS "E" in the PM peak hour during the projected traffic conditions and LOS "F" for
the projected traffic conditions with the five year growth factor applied. The reduced
LOS during the PM peak hour is attributed to the high traffic volume on Davis
Boulevard that causes delay to the few vehicles turning right fÌ"om the access drive.
o Although the revised site plan depicts the access drive intersecting Davis Boulevard
serving right-in/right-out movements only, previous analysis indicates that satisfactory
operation of this driveway is projected with all vehicle turning movements allowed.
Recommendations of this Addendum are summarized as follows:
o It is recommended that the driveways be constructed as shown on the revised site plan
dated December, 2002 or, if Newman Drive is abandoned, the access drive intersecting
Davis Boulevard be constructed to serve all vehicle turning movements as described in
the recommendation of Texas Department of Transportation letter dated December 6,
2002.
o It is recommended that the existing northbound right-turn movement on Davis Boulevard
at Mid-Cities Boulevard be converted fÌ"om a permissive movement to a permissive plus
overlap with eastbound and westbound left-turn movements.
o It is recommended that the existing eastbound right-turn lane on Mid-Cities Boulevard at
Davis Boulevard be converted fÌ"om a right-turn only lane to a thru/right turn lane. The
- -.--.---.."--- ..... --".-. -..---..-- -..
,·1',
.
Mr. lohn Lovell
December 12,2002
Page 3
intersection improvements at this location are proposed to be completed by the City
within the next five years. The City has already recognized the need for the
improvements under current traffic operating conditions and has already approved for
funding. This traffic study concurs with the recommendation that this intersection be
improved by the City as planned with or with the development of the QT site.
Please call if you have further questions or require additional infonnation.
Sincerely,
PETERS & ASSOCIATES ENGINEERS, INC.
4rr g 12~ ~'
Gregory B. Simmons
Vice President
.-- -
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CITY OF NORTH RICHLAND HILLS
·
Public Works I Administration
December 11, 2002
MEMO TO: Donna Jackson, Planner
FROM:
Jon Lovell, E.IT., Engineer Associate
RE:
QT. 855 ADDITION
Proposed Quiktrip-Site Plan Review
Public Works has reviewed the site plan submitted to this office on December 6,
2002. We offer the following comments.
TxDOT PERMIT-DRIVEWAYS:
·
~ A letter from TxDOT was transmitted to Public Works by the Developer on
December 11, 2002. This letter states that the right-inlright-out driveway onto
Davis Boulevard from the site is acceptable as shown on the site plan. The
letter also states that a full access driveway to the site from Davis Boulevard
is acceptable only if Newman Drive is "no longer a dedicated street." To
vacate Newman Drive, the Developer must obtain permission from all
property owners adjacent to Newman Drive and submit street vacation
documents to Public Works for approval. The vacation must then be
approved by the City Council.
SITE PLAN:
~ Revise the configuration of the right-in/right-out driveways. See the attached.
~ Remove the note stating that the right-in/right-out driveway at Davis
Boulevard is "... subject to change based on TxDOT approval". Any revision
to the driveway layouts as shown on the current site plan must be reflected by
the traffic impact analysis and approved by Public Works.
~ Revise the south property line of the proposed Lot 1. The Public Works
Design Manual requires driveway approaches to be located entirely within the
frontage of the development the driveway serves. As shown, the driveway
approach onto Davis Boulevard does not meet this requirement.
~ Label the existing storm inlet located at the north side of the existing island at
the intersection of Mid Cities Boulevard and Davis Boulevard. The inlet and
·
P.O. Box 820609 * North Richland Hills, Texas 76182-0609
7301 Northeast Loop 820 * (817) 427-6400 * Fax (817) 427-6404
·
·
·
Q.T. 855 Addition
Proposed Quiktrip
December 11 , 2002
storm sewer will also need to be relocated for the proposed through/right turn
lane.
).- As noted on the red-line of the plan, several off-site easements will be
required. These easements will need to be dedicated by separate instrument.
Easement documents, including an exhibit and metes and bounds description
should be submitted with the final plat.
These comments are to be used in conjunction with the marked up site plan. I
may be reached at 817-427-6400 to address questions or comments regarding
this review.
Sincerely,
JRUpwl2003-004
cc:
Mike Curtis, P.E., Public Works Director
Lance Barton, P.E. Assistant Public Works Director
·
·
·
Mitchell Planning Group, LLC.
7813 Nine Mile Bridøe Road
Fort Worth. T ecas 761 35
Office· (817) 1~ 7 -4467
Fax . (817) 238·1444
Mobl1e- (8 17) 797 ·9134
December 12, 2002
Mr. David Green, Planning Manager
City of North Richland Hills
North Richland Hills, Texas
RE: Proposed QT site
Dear Mr. Green:
Mer speaking with Mr. John Pitstick earlier today he requested that we address the comments
made by Mr. Jon Lovell dated December 11 2002 by way of this letter. Below are the City
comments wîth our responses
1. Revise the configuration of the right-inlright-out driveways.
We have revised the site plan to reflect the City's standards and specifications.
2. Remove the note stating that the right'¡nlright-out driveway at Davis is
"...subject to change based on TxDot approval- ...
Walt McMennamy with aT spoke with Mr. Mike Curtis this morning and it was agreed that
we could revise the note to say · ...subject to change based on TxDot and City approval:
We have made this change to the note on the site plan.
3. Revise south property Une of the proposed Lot 1. The PubIc Works Design Manual
requires driveway approaches to be located entirely within the frontage of the
development the driveway serves.
I spoke with Mr. Jon Lovell this afternoon and requested if we could add a 0018 to the plan
that shows this drive approach as a mutual access easement to the proposed Lot 2 and if
this would suffice. Mr. LoveD indicated that this would work. We have made this change to
the site plan by providing a note.
4. Label the exil1Jng storm inlet located at the north side of the existing island at the
intersection of Mid C'ltIes and Davis. The inlet stann sewer will also need to be
relocated for the proposed through/right tum lane.
We have revised the site plan to reflect this change.
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5. As noted on the red·6ne of the plan, several off·site easements will be required.
These easements will need to be dedicated by separate instrument. Easement
documents, including an exhibit and metes and bounds description shou,ld be
submitted with the final plat.
Mr. Lovell stated to me that this was an FYI comment and would be addressed at time of
plauing; therefore. no changes to the site plan are warranted regarding this comment
Should you have any questions, please feel free to contact me.
Sincerely, ....'
~~I!dddf
Cc: Walt McMennamy, Development Engineer, aT
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NI~H
CITY OF NORTH RICHLAND HILLS
·
Public Works 1 Administration
December 13, 2002
MEMO TO: Donna Jackson, Planner
FROM:
Jon Lovell, E.I.I., Engineer Associate
RE:
Q.I. 855 ADDITION
Proposed Quiktrip-Site Plan Review
Public Works has reviewed the site plan submitted to this office on December 12,
2002. All comments have been addressed.
·
Jrl/pwm2002-142
cc: Mike Curtis, P. E., Public Works Director
Lance Barton, P. E. Assistant Public Works Director
·
P.O. Box 820609 * North Richland Hills, Texas 76182-0609
7301 Northeast Loop 820 * (817) 427-6400 * Fax (817) 427-6404
.
.
.
Mitchell Planning Group, l.l.C.
7823 Nine Mile Bridge Road
Fort Worth, Texas 76135
Office . (817) 2374467
Fax . (817) 238·1444
Mobile- (817) 797 ·9134
December 20,2002
Mr. John Pitstick, Director of Economic Development
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, Texas 76180
RE: Request for Appeal of case # PZ 2002·27
Dear Mr. Pitstick:
As you are aware, at last nights Planning and Zoning Commission meeting, our case was denied
on a 3-2 vote. In accordance with the City's adopted zoning regulations and on behalf of my clien~
QuikTrip Corporation, I respectfully request that this determination be appealed to the City Council
at its January 13, 2003 meeting.
~
Sincerely, I, . /1 _ /J 11 ()
~.~
Karen K. Mitchell
Cc: Chad Stanford, QuikTrip Corporation
Walt McMennamy, QuikTrip Corporation
~~-.
ij¿' *
I Texas Department of Transportation
P.O. BOX 6868. FORT WORTH, TEXAS 76115-0868' (817) 370-6500
Decem:l.ber 6, 2002
CONTACT: NTCAEO
Quiktril' #855 Access
Ms. Karen Mitchell
Mitchell Planning Group
7823 Nine Mile Bridge Road.
Fort Worth, Texas 76135
Dear Karen:
I have reviewed your request for driveway access on PM t 938 (Davis Blvd) in North RiQbland
Hills. Per our conversation. I am willing to allow acces$ with the following stipulations:
1. Right in, right out, left in with no provisiotU
2. Full Access, no restrictions, with the provision that Newman Street is no longer a
dedicated street. '
Please let me know which option you would like to pursue. It Will be necessary to resubmit your
application for driveway once the detaiJ$ have been worked out. If you should have any
questions concerning tbis matter, please contact this office at (817) 238-5900.
Sincerely,
~,..... '-- c...~, \- G.~" V
Mark C. Schluter, P.E.
Area Engine," '
Fort Worth District
MCS
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2
ORDINANCE NO. 2681
ZONING CASE PZ 2002-27
6
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
NORTH RICHLAND HILLS; AMENDING THE ZONING MAP AND
CHANGING THE ZONING OF PROPERTY IN THE 6300 BLOCK OF
DAVIS BOULEVARD BY GRANTING A SPECIAL USE PERMIT;
PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND
EST ABLISIDNG AN EFFECTIVE DATE.
8
10
12
WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real
property owners within 200 feet of the property herein described at least 10 days
before such hearing; and,
14
16
WHEREAS, notice of a public hearing before the City Council was published in a newspaper
of general circulation in North Richland Hills at least 15 days before such
hearing; and,
18
20
WHEREAS, public hearings to change the zoning on the property herein described were held
before both the Planning and Zoning Commission and the City Council, and the
Planning and Zoning Commission has heretofore made a recommendation
concerning the zone change; and,
22
28
WHEREAS, the City Council is ofthe opinion that the zone change herein effectuated furthers
the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and
is in the best interest of the citizens of the City of North Richland Hills; NOW,
THEREFORE,
30
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
32
Section 1:
THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance, and the
Official Zoning Map ofNorth Richland Hills are hereby amended by changing the
zoning of property currently zoned Commercial ("C-l ") and described as Block
A, Lot 1, Q.T. 855 Addition of the City of North Richland Hills, Texas, and more
fully described in Exhibit A hereto, by granting an SUP to allow for a gasoline
service station.
34
36
38
40
Section 2:
Any person, finn or corporation violating any provision of the comprehensive
zoning ordinance as amended by this ordinance shall 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.
42
44
Ordinance No. 2681
Page 1 of2
C, \Documents and Settings\phutson\Local Settings\Temp\MapChange. SUP .GasSta. 1;81
·4
24
.6
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2
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.
6
Section 4:
This ordinance shall be in full force and effect immediately upon passage.
8
AND IT IS SO ORDAINED.
10
Passed on this 13th day of January, 2003.
12
CITY OF NORTH RICHLAND HILLS
14
16
By:
Oscar Trevino, Mayor
18
ATTEST:
20
22
Patricia Hutson, City Secretary
Approved as to fonn and legality:
28
George A. Staples, Attorney
30
APPROVED AS TO CONTENT:
32
34
Department Head
c: \Documents and Settings\phutson\Local Settings\Temp\MapChange.SUPoGassta.åsl
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Exhibit A to Ordinance No. 2681
LOT 1, BLOCK A
Q.T. 855 ADDITION
106,597.81 SQ. FT.
2.4471 ACRES
PROPERTY DESCRIPTION
BEING a tract ofland situated in the John H. Barlough Survey, Abstract No. 130, City of
North Richland Hills, Tarrant County, Texas, and being the same tract of land conveyed
to Ramco Realty, Inc. by deed recorded in Volume 14702, Page 375, Deed Records,
Tarrant County, Texas, and being more particularly described by metes and bounds as
follows:
COMMENCING at a 5/8 inch iron rod set with yellow plastic cap stamped (D.C.A.,
INC.) (from which a ~ inch iron rod found bears North 89 degrees 20 minutes 56
seconds West, a distance of3.05 feet) at the intersection of the North right-of-way line of
Newman Drive (variable width right-of-way) and the Northwest right-of-way line of
Davis Boulevard (variable width right-of-way);
THENCE North 30 degrees 50 minutes 06 seconds West, along the Northwest right-of-
way line of said Davis Boulevard, a distance of 131.05 feet to a point for comer;
THENCE North 60 degrees 41 minutes 00 seconds West, a distance of268.95 feet to a
point for comer;
THENCE North, a distance of 204.51 feet to a point for comer;
THENCE North 80 degrees 14 minutes 31 seconds West, a distance of 448.82 feet to a
point for comer, said point being in a curve to the right having a central angle of 125
degrees 58 minutes 51 seconds, a radius of 60.00 feet, a chord bearing of South 36
degrees 46 minutes 03 seconds East and a chord length of 106.91 feet;
THENCE along said curve to the right, for an arc length of 131.93 feet to a point for
comer, said point being in a curve to the right having a central angle of 03 degrees 07
minutes 02 seconds, a radius of 1836.84 feet, a chord bearing of South 27 degrees 46
minutes 53 seconds West and a chord length of99.92 feet;
THENCE along said curve to the right, for an arc length of 99.93 feet to a point for
comer;
THENCE South 24 degrees 46 minutes 17 seconds West, a distance of 128.99 feet to a
point for comer in the Northwest right-of-way line of said Davis Boulevard;
THENCE South 30 degrees 50 minutes 06 seconds West, along the Northwest right-of-
way line of said Davis Boulevard, a distance of 118.95 feet to the POINT OF
BEGINNING and containing 106,597.81 square feet or 2.4471 acres ofland.
EXHIBIT
I \~ A /I
CITY OF
NORTH RICHLAND HILLS
eepartment: Administration
Council Meeting Date: 1/13/2003
Subject: ApprovinQ 2003 State LeQislative ProQram
Agenda Number: GN 2003-003
Attached is the proposed State Legislative Program for the 2003 session of the State
Legislature. Staff has put each of the issues into a specific category based on the four guiding
principles used to determine positions on each issue. These four guiding principles are:
1. We will vigorously oppose any legislation that erodes the authority to govern our own
local affairs.
2. Cities represent the level of government closest to the people. We bear primary
responsibility for the provision of capital infrastructure and for ensuring our citizens'
health and safety. Thus, we must be assured of a predictable and sufficient level of
revenue and must resist efforts to diminish those revenues.
3. We will oppose the imposition of any state mandates, which do not provide for a
commensurate level of compensation.
4. We will support any legislation that increases the quality of life for our citizens. This
includes legislation that will not only provide an equitable amount of revenue for our city,
but also provide equitable services that will encourage pride and growth in our
community.
This program is intended to be a guide to our legislators to inform them of the City's position on
issues we expect will be raised during the session. The document will be modified and issues
will be changed as needed throughout the session. We expect the workload of the 78th Texas
Legislature to be the same if not more than last session in which more than 5,700 bills were
introduced, 1,200 of which would have had a significant impact on cities. In the end, when the
7yth Legislative session adjourned in June 2001, 1,600 bills had been passed, 150 of them
impacted cities. As of January 6th, 465 House Bills and Senate Bills have been pre-filed for
consideration in the upcoming legislative session.
Staff is monitoring City related bills and issues, and will provide regular updates throughout the
session. We will also keep you informed regarding any legislative alerts or contacts that need to
be made throughout the session.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
t4A~:~~tÞ~~( 11
Department He uœ
Finance Review
Account Number
Sufficient Funds Available
Budget Director
Finance Director
~~ture
Page 1 of 2
I .'
CITY OF
NORTH RICHLAND HILLS
Upon approval, staff recommends presenting this document to our State legislative delegation
eëry soon after the legislative session begins Tuesday, January 14, 2003. Our intention is to
present this information to our State Representative and our State Senator, and to point out the
City's key issues. .
Recommendation
Approve the North Richland Hills 2003 State Legislative program
CITY COUNCIL ACTION ITEM
P~nø ? nf ?
NRH
e
City of North Rich/and Hills
2003 State Legislative Positions
e
'anuary 2003
e
INTRODUCTION
Throughout the history of Texas, our legislators have created laws and policies that greatly effect the
administrative and political decisions of the municipalities within the state. As the next Texas State
legislative session begin, the City officials of North Richland Hills would like to state our position on
some of the issues we expect our state legislators to face in the 78th Legislative Session. This paper
is intended to provide our positions as well as a small portion of background and reasoning for such
positions.
The City of North Richland Hills uses four primary principles in rendering its opinions on legislative
issues. These are:
1.
We will vigorously oppose any legislation that erodes the authority to govern our own local
affairs.
e
Cities represent the level of government closest to the people. We bear primary responsibility
for the provision of capital infrastructure and for ensuring our citizens' health and safety. Thus,
we must be assured of a predictable and sufficient level of revenue and must resist efforts to
diminish those revenues.
2.
3.
We will oppose the imposition of any state mandates, which do not provide for a
commensurate level of compensation.
4.
We will support any legislation that increases the quality of life for our citizens. This includes
legislation that will not only provide an equitable amount of revenue for our city, but also
provide equitable services that will encourage pride and growth in our community.
Other issues will arise as the legislative session progresses. If an issue arises that is not included
herein, we urge the legislature to keep our guiding principles in mind as they make important
decisions concerning our future.
e
January 13, 2003
2
Principle One: Local Control
.. City of North Richland Hills will oppose any legislation that erodes the authority to govern our
own local affairs. This includes legislation that would:
· Erode a city's ability to regulate the location of manufactured and/or industrialized housing;
· Erode a city's current condemnation authority including allowing the future value of natural
resources to be included in the calculation of land value in a condemnation proceeding;
· Further restrict a city's ability to adopt or amend zoning regulations, or vest or otherwise create
a property right in a zoning classification;
· Adversely amend the permit vesting statute;
· Require that a city perform housing affordability impact analysis on any municipal action that
affects housing;
· Erode a city's authority to regulate the possession of firearms in public buildings;
· Enact detrimental amendments to the Open Meetings Act;
.
Enact detrimental amendments to the Public Information Act;
· Eliminate the requirement that collective bargaining be adopted by popular vote.
The City of North Richland Hills will support any legislation that enhances our ability to govern our
own local affairs. This includes legislation that would:
· Amend current law to (a) allow a city to withhold sensitive security information including
information related to the location of key facilities existing in the public rights-of-way, (b) make
changes in Chapter 551 and 552 of the Government Code to assist municipalities in protecting
significant details, from both private and public sources, relating to anti-terrorist responses,
activities, and plans developed as a result of the September 11, 2001 tragedy in New York City
from potential terrorist groups;
· Allow security briefings for any appointed body to be conducted in executive session.
e
January 13. 2003
3
f
Principle Two: Predictable & Sufficient Level of Revenue
--
North Richland Hills will oppose legislation that would diminish the City's ability to maintain a
predictable and sufficient level of revenue to provide for our citizens. This includes legislation that
would:
· Erode the property tax base through property tax exemptions;
· Further expand the Sales Tax Holiday;
· Further expand sales tax exemptions;
· Increase or impose additional state fees collected by municipal courts;
· Elimination of the Telecommunications Infrastructure Fund;
· Streamline the state's sales tax system in a way that would negatively affect municipal
revenue, municipal authority to impose sales tax, or the flexibility cities currently have to
impose various sales tax rates for various purposes.
rath Richland Hills will support legislation that would allow the City to maintain a predictable and
_cient level of revenue to provide for our citizens. This includes legislation that would:
· Provide direct funding to local governments (first responders) to enhance local homeland
security efforts with incentives for regional collaboration and without any match requirements;
· Continue the Telecommunications Infrastructure Fund (TIF) fee and TIF grants to libraries;
· Add a right-of-way compensation escalator to the electric deregulation statute (specifically,
Section 33.008 of the Texas Utilities Code);
· Allow cities to collect the technology fee in municipal court after September 2005, the date on
which authority to impose the fee will expire under current law;
· Allow cities to obtain from the state comptroller information relating to sales tax remittances
made by a specific remitter and to review this information in a closed meeting in order to
preserve the confidentiality of the information;
· Create funding alternatives that will provide for local transportation funding for cities and other
local governments to address construction, repair and maintenance of local streets, roads,
bridges and other related transportation infrastructure that will support transportation modes
such as bikes, or other non-motorized options, buses, rail and light rail systems;
e.
Provide adequate funding, at or exceeding current levels, for Small Urban Transportation
Providers (5307 Transportation providers) such as the Northeast Transportation Service
January 13, 2003
4
(NETS), and appropriate all funds from the state general fund instead of providing a portion
from Oil Overcharge funds;
.
Amend section 321.002(a)(3) of the Tax Code in a manner that would eliminate the ability of
companies to change situs in an attempt to either avoid or intentionally divert the payment of
local sales taxes;
. Amend current law to (a) require telecommunications providers to submit to an independent,
verifiable audit of access lines in cities, (b) make certified telecommunications providers
(CTPs) liable to cities for erroneous access line reports through civil penalties or treble
damages and attorneys fees enforceable at the PUC or in a court of competent jurisdiction,
and (c) prohibit the certification of telecommunications companies as CTPs if they do not have
access lines to retail end users within the cities.
e
e
January 13, 2003
5
Principle Three: State Mandates
-.
North Richland Hills will oppose State mandates that do not provide for a commensurate level of
compensation, which have the affect of forcing local governments to spend local funds to address
state concerns. This includes legislation that would:
· Increase state fees collected by municipal courts;
· Impose any environmental mandate that exceeds the requirements of federal law;
· Impose the requirements of NFPA 1710 or any other mandatory staffing or response time
requirements in Texas.
North Richland Hills will support legislation that would assist cities in complying with State
requirements as well as legislation that would provide funding for transportation. This includes
legislation that would:
· Consolidate state court fees not currently consolidated, and provide that all payments from
e cities to the state be quarterly payments;
· Dedicate state revenue to the Texas Mobility Fund.
· Retain programs, currently operated by the Texas Department of Economic Development, that
are beneficial to cities.
· Retain a state level presence in economic development efforts.
e
January 13, 2003
6
Principle Four: Quality of Life
--
The City of North Richland Hills will support any legislation that increases the quality of life for our
citizens. This includes legislation that would:
· Require an analysis of builder practices or litigation practices that affect the cost of housing;
· Give cities discretionary authority to require builders to create an affordable housing set aside
or pay a fee into an affordable housing fund;
· Impose a state water resources development fee on all new subdivisions;
· Allow a city to impose a civil penalty on the owner of a vehicle if the vehicle's license plate is
photographed while the vehicle is running a red light;
· Add rate and cost control measures to the electric deregulation statute;
· Amend Section 39.202(1) of the Texas Utilities Code to allow regulatory authorities, including
municipalities, to initiate proceedings to reduce Price to Beat fuel factors when market
conditions warrant;
e·
Amend Chapter 418 of the Government Code to allow the Governor's Division of Emergency
Management to provide technical and financial tools to assist municipal governments with
implementing emergency management plans and services;
· Allow citizens to request a city to purchase electricity on the behalf of its residents through an
election;
· Provide adequate funding, at or exceeding current levels, for the Texas Recreation and Parks
Account to meet the future needs and demands of citizens of the state.
· Allow the Texas Parks & Wildlife Department to manage the Texas Recreation and Parks
Account in a fair manner to preserve the integrity of the grant program and not approve funds
for projects utilizing funds from the Texas Recreation and Parks Account that have not gone
through the grant process established and approved by the Texas Parks and Wildlife
Department and Commission
The City of North Richland Hills will oppose any legislation that would negatively impact the quality of
life of our citizens. This includes legislation that would:
. Restrict the use of revenue from any development related municipal fee beyond the provisions
e of current law.
. Require cities to participate in the purchase of development rights.
January 13, 2003
7
Contacts
e of North Richland Hills
7301 N E Loop 820
P.O. Box 820609
North Richland Hills, Texas 76180
(817) 427-6000
Fa~ (817)427-6016
http://www.nrhtx.com
Larry J. Cunningham
City Manager
817-427-6007
Email: Icunningham@nrhtx.com
Steve Norwood
Assistant City Manager
817-427-6006
Email: snorwood@nrhtx.com
Greg Vick **
Assistant City Manager
817 -427 -6009
¡ail: gvick@nrhtx.com
Karen Bostic
Managing Director of Fiscal and Administrative Services
817- 427-6005
Email: kbostic@nrhtx.com
Paulette Hartman **
Assistant to the City Manager
817-427-6015
Email: phartman@nrhtx.com
North Richland Hills Mavor and City Council
817-427-6061
Oscar Trevino - Mayor
Lyle E Welch - Place 1
Scott Turnage - Place 2
Frank Metts, Jr. - Place 3
JoAnn Johnson - Place 4
David Whitson - Place 5
Joe D. Tolbert - Place 6
Tim Welch - Place 7
~reg Vick is the primary legislative contact for North Richland Hills. If Greg Vick is unavailable,
contact Paulette Hartman.
January 13, 2003
8
(
CITY OF
NORTH RICHLAND HILLS
'"
_epartment: Administration
Council Meeting Date: 01/13/03
Subject: Resolution UrQinq State LeQislators to Provide Full Agenda Number: GN 2003-004
Funding for the Texas Emission Reduction Plan (TERP)
Or Senate Bill 5 Enacted During the 7yth Legislative Session
- Resolution No. 2003-02
The attached resolution deals with air quality issues which are of extreme importance to North
Richland Hills, North Texas, and the entire State of Texas. The purpose of the resolution is to
urge our state legislators to provide full funding for the Texas Emission Reduction Plan (TERP)
or Senate Bill 5 which was enacted during the last legislative session. TERP provides incentives
for owners and operators of heavy construction equipment to replace or retrofit this equipment
with new technology that will drastically cut polluting emissions. The resolution also requests
modifications to TERP that will make it easier and more conducive for people to participate in
the program. Other provisions call for more scientific research to be done on the air quality
problem so that its cause can be better defined and so the most effective and cost efficient
methods for remedying the problem can be determined.
Funding TERP is important because the Environmental Protection Agency (EPA) has notified
the State of Texas that failure to fully fund the TERP will most likely result in the Dallas/Fort
Worth area State Implementation Plan (SIP) for air quality mitigation not being approved. If the
SIP is not approved, the EPA will begin the sanctions clock, which will threaten economic
evelopment as well as the flow of federal transportation funds to this region because we are
currently in nonattainment status of the federal ozone standard.
If this resolution is approved, staff will forward it to our State Legislators so they are aware of the
City's position on this issue.
Recommendation
Approve Resolution No. 2003-02 Urging Legislators to fully fund the Texas Emission Reduction
Plan (TERP) or Senate Bill 5 Enacted During the 7yth Legislative Session.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other - L2.
~'~1M~-' ~) ?LI,
Department Head Signa
Finance Review
Account Number
Sufficient Funds Available
Budget Director
Finance Director
~}/:::;;i;tire
¥
RESOLUTION NO. 2003-002
e
WHEREAS, air quality impacts the public health as well as the economic health of our
entire state; and,
WHEREAS, federally designated non-attainment areas and near non-attainment areas
of Texas include thirty-eight counties, and all of the largest, cities which
represent 70% of the state's population; and
WHEREAS, attaining compliance with the Federal Clean Air Act is essential for Texas
to achieve long-term growth and prosperity and to continue to provide a
high quality of life for its citizens, and,
WHEREAS, air quality compliance continues to be among the most important and
difficult challenges facing Texas; and
WHEREAS, given the integrated nature of the Texas economy, all parts ofthe state will
benefit when air quality compliance is achieved or will suffer if it is not;
and,
WHEREAS, the Texas Legislature in 2001 enacted the Texas Emissions Reduction
Plan (Senate Bill 5 - TERP) to provide incentives to induce the voluntary
replacement or retrofitting of older and high polluting diesel and gasoline
engines with newer and cleaner ones; and,
-
WHEREAS, the Environmental Protection Agency (EPA) accepted this strategy to
substitute for a construction time shift that would have kept heavy-duty
construction equipment from operating until '10:00 a.m. from May to
October of each year and to also substitute for a requirement that owners
of heavy-duty equipment would have to completely modernize their fleet
by 2007 with new engines being introduced in 2005 and 2007; and,
WHEREAS, for the DallaslFort Worth area, the TERP was to be given credit for
reducing 16.3 tons per day of ozone causing emissions; and,
WHEREAS, no alternative strategy has been identified which could feasibly or
economically achieve this same level of reductions; and,
WHEREAS, the major funding source of the TERP was successfully challenged in legal
proceeding and therefore resulted in this strategy not reaching its full
potential and thereby not creating the emissions reductions intended; and,
WHEREAS, without the reductions, EPA has given notice that it will not approve the
DallaslFort Worth attainment demonstration SIP, will find that the
previously approved Houston SIP has failed, and will eliminate a future
e source of reductions in the near non-attainment areas; and
1
,
e
e
-
WHEREAS, failure of these SIPs and the lack of potential reductions in the near non-
attainment areas will trigger several sanctions in those affected areas that
will negatively impact the entire Texas economy; NOW, THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1.
Section 2.
Section 3.
Section 4.
THAT the 78th Texas Legislature is hereby urged to adopt the following
initiatives, in priority order, to preserve Texas air quality, enhance public
health, and promote economic prosperity:
First and foremost, provide full funding for the next biennium for the Texas
Emissions Reduction Plan to make up for the shortfall in the anticipated
funding from last session;
Maintain the integrity of the Texas Emissions Reduction Plan (TERP) by
ensuring that clean up legislation improves the effectiveness of the TERP
programs by accepting the recommendations included in the Texas
Commission Environmental quality's TERP Report to the Legislature and
authorize the following provisions:
· Enable gasoline, propane, and natural gas engines to participate in
the Emissions Reduction Incentive Grant program
· Include a simplified rebate program for low cost emissions control
technologies in the TERP programs
· Enable stationary engines to participate in the Emissions
Reduction Incentive Grant program
· Remove the funding floor in the Light Duty Purchase and Lease
Incentive program
· Establish one primary and four satellite regional emission testing
centers for heavy-duty vehicles and machines.
Support state funding for research and air planning activities:
. Approve the Texas Commission on Environmental Quality's
Legislative Appropriations Request for the 2003-2004 biennium, for
1) ozone modeling research in the state's non-attainment areas;
and 2) air quality planning activities in the state's near non-
attainment areas, including those activities necessary to support
voluntary SIP submittals, ozone flex programs and early action
compacts.
2
e
. Approve legislative appropriations to the Houston-Galveston-
Brazoria and Dallas/Fort Worth Quality Research Initiative to carry
out air quality research in support of the mid-course review with
regard to those region's SIPs and to support the development of
early attainment plans in these regions for the new ozone and
particulate standards.
Section 5.
Affect a change in building codes relative to roofing standards in urban
areas in order to improve the state's "urban heat islands."
Section 6.
Support an investigation of and, if merited, development of a pilot "pay as
you save" program to encourage implementation of permanent energy
efficiency improvements.
Section 7.
In light of existing emission reduction gaps and the advent of the new
federal 8-hour and five particulate standards, consider other measures as
they are developed that have emission reduction potential. Some may
include increased energy efficiency programs, fuel cell programs and
clean fleet and engine improvements.
AND IT IS SO RESOLVED.
e PASSED AND APPROVED on the day of , 2003.
CITY OF NORTH RICH LAND HILLS, TEXAS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
e
3
CITY OF
NORTH RICHLAND HILLS
eartment: Administration
Council Meeting Date: 1/13/03
Subject: Resolution of Support for February 1 , 2003 Bond Election Agenda Number: GN 2003-005
Resolution No. 2003-005
A 20-member Citizen's Capital Improvement Study Committee was appointed to review
and determine areas of our city that needed the most improvement and attention. After
careful analysis, they determined that 22 streets, two drainage projects and five facility
projects needed immediate attention as they will need repair over the next five years.
The total cost for the projects will be $38,210,000. Street improvements alone will be
$30,010,000.
The committee also evaluated the City's capacity to finance the proposed projects. City
staff performed an analysis assuming that the tax rate would remain at $.57. With a
combination of debt retirement on existing debt, moderate growth in the property tax base,
and new construction, the analysis indicated that the proposed projects of $38.2 million
could be financed without increasing the tax rate.
It is proposed that the City Council support the Bond Referendum of $38,210,000 being
e placed before the citizens on February 1, 2003.
RECOMMENDATION: To approve Resolution No. 2003-005
Finance Review
Department Head Signature
Finance Director
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
.~
/ /_:~
U¿4~'-2~,--"
. y Manager ~ig na re
Page 1 of L
·
~
Resolution No. 2003-005
~HEREAS, the City Council appointed a Citizen's Capital Improvement Study Committee to
-"iew numerous streets, drainage, and facility projects that will need repair in the next 5-7
years; and
WHEREAS, the Committee presented their final recommendations to the Council to include
eight arterial streets, six collector streets, eight residential streets, two drainage projects and
five facility projects; and
WHEREAS, the Committee gave serious consideration to maintain the current tax rate at $.57
and after careful analysis, concluded that the proposed $38.2 million capital improvement
projects could be financed without increasing the existing tax rate; and
WHEREAS, the City Council reviewed the recommended projects and financial assumptions to
determine if they were in the best interest of the citizens; and
WHEREAS, it has been determined that the recommendations are in accordance with the
Council's vision and goals to insure quality development and redevelopment, financially
responsible government and a superior quality of life;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, THAT, it is deemed desirable and advantageous to the City in all respects
that the Bond Referendum merits the full and complete support of the City Council.
e PASSED BY THE CITY COUNCIL this 13th day of January 2003.
APPROVED:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO LEGAL FORM AND CONTENT:
George Staples, City Attorney
APPROVED AS TO CONTENT:
.~
Steve Norwood, Assistant City Manager
.
.
-
Announcements and Information
January 13, 2003
Announcements
A Bond Election has been called for Saturday, February 1. Earlv votina
begins this week on Wednesday, January 15th and will continue through
January 28th. Registered voters can vote at City Hall, Monday through
Friday from 8:00 a.m. - 5:00 p.m. For more information, call 817-427-6060.
MasterWorks Concert Series 2003 begins in the NRH Public Library!
Colleen Mallette will kick off the season by performing American Cabaret
on Tuesday, January 14th. The concert is FREE and begins at 7pm. The
NRH Public Library is located at 6720 NE Loop 820. For further
information, call 817-427-6800.
A Parentina Seminar will be held on Saturday, January 25th at Birdville High
School. The seminar will be from 8:30 a.m. - 2:30 p.m. Interested
participants must register by Friday, January 1 ih . To register, call 817-427-
6600.
The annual Enviro Fair will be held on Saturday, January 25th at the
Birdville Fine Arts/Athletic Complex. It is FREE and will be held from 10:00
a.m. - 2:00 p.m. For more information, call 817-427-6650.
Information
January 18
Critter Connection
North Hills Mall
10:00 a.m. - 6:00 p.m.
817 -427 -6570
January 23
Citizens Police Academy Class #17 begins