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HomeMy WebLinkAboutCC 2002-01-14 Agendas CITY OF NORTH RICH LAND HILLS PRE-COUNCIL AGENDA JANUAI~Y 14, 2002 - 6:00 PM For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. I NUMBER I ITEM ACTION TAKEN 1. Discuss Items from January 14, 2002 City Council Meeting (5 Minutes) 2. IR 2002-006 Shady Grove Road Traffic Issues (15 Minutes) 3. IR 2002-004 Discussion of New Commercial Zoning Districts (20 minutes) 4. I R 2002-002 Discuss Date for Meeting with Lyle Sumek (5 Minutes) \5. I Adjournment - 6:50 pm *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. POSTED j-/I- () d-- Dato d. liD ¡J IYJ Time ~_ Oty SecretMy p.it -;7 k5/¿¿~r-- "- 1/14/02 City Council Agenda Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA JANUARY 14, 2002 - 7:00 PM For the Meeting conducted at the North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 8'17-427-6060 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation - Fort Worth Christian Middle School Kent Hart - Principal 3. Pledge - Fort Worth Christian Middle School Kent Hart - Principal 4. Special Presentations Mayor for Day - Certificate of RecoQnition 5. Removal of Item(s) from the Consent Agenda I I 1/14/02 City Council Agenda Page 2 of 4 6. Consent Agenda a). Minutes of the Pre-Council Meeting December 10, 2001 b). Minutes of the City Council Meeting December 10,2001 c.) Minutes of the Special Pre Council Meeting December 17,2001 d.) Minutes of the Special Meeting December 1 jr, 2001 GN 2002-001 e.) Ordinance Requiring Registration of Local Retail Electric Agenda Number: Providers - Ordinance No. 2595 GN 2002-002 f.) Approve Interlocal Agreement with City of Keller for Animal Cremation Services - Resolution No. 2002-002 PW 2002-001 g.) Approve City-Developer Agreement for CIP Water and Sewer System Improvements with B.H. & L. Joint Venture for Forest Glenn East, Phase I - Resolution No. 2002-001 7. PS 2001-47 Consideration of a Request by Christian Brothers Automotive on behalf of the Property Owner, William Pruitt for the Approval of the Final Plat of Lot 1, Block 1, Rufe Snow Center Addition (Located in the 7800 Block of Rufe Snow Drive) 8. PS 2001-48 Consideration of a Request by John and Tina Mahon, John Stanley and Ronni Bell for the Approval of the Final Plat of Lots 54R & 55R, Block 8, Windcrest Addition (Located at 7204 and 7208 Windcrest Court East) 1/14/02 City Council Agenda Page 3 of 4 9. PS 2001-49 10. PS 2002-04 11. PZ 2001-36 12. PZ 2001-35 13. PZ 2001-19 14. 115. 1/14/02 City Council Agenda Page 4 of 4 Consideration of a Request by Arcadia Land Partners 16, Ltd. for the Approval of an Amended Plat of Lots 6R, 7R, & 8R, Block K, Lots 1 R & 2R, Block L, Lots 1 R, 2R & 3R, Block M and Lots 1 R, 2R, 3R, 4R, 5R, 6R & 7R, Block N of the North Richland Hills Town Center Addition Phase 1 (Located in the 6000 Block of Roaring Springs Drive and the 8200- 8400 Blocks of BridQe Street) Consideration of a Request by Kevin Smith for the Approval of the Final Plat of Lot 1, Block 1, Kevin Smith Addition (Located in the 8200 Block of Mid-Cities Drive) Public Hearing to Consider a Request by Patrick and Jennifer Burton for a Zoning Change from AG Agricultural to R-2 Residential at 8436 Franklin Court - Ordinance No. 2598 Public Hearing to Consider a Request by Carter & Burgess Inc. on behalf of Wal-Mart Inc. for a Special Use Permit (SUP) Identifying Existing/Future Parking, Storage, Loading, Outdoor Sales, and Display Areas for an Existing Retail Merchandise Store at 6401 NE Loop 820 - Ordinance No. 2597 Public Hearing to Consider an Appeal Request by Chester Ross on behalf of the Property Owner Kae Son Ko for a Zoning Change on .81 Acres from LR Local Retail to PD Planned Development and Site Plan Approval for all LR Local Retail Uses Plus a Convenience Store with Accessory Gasoline Sales (Located at 8015 Glenview Drive) - Ordinance No. 2596 a) Citizens Presentation b) Information and Reports J OSTED /-/1 ¿/)... DRto /J:¿jO pm Time Adjournment i"'t1 SecretMy af!? Pu;¿,~r---- .' INFORMAL REPORT TO MA VOR AND CITY COUNCIL No. IR 2002-006 ~ Date: T Subject: January 14, 2002 Shady Grove Road Traffic Issues Shady Grove Road has been experiencing an increase in traffic over the past few years because of new residential and commercial development occurring in Keller and North Richland Hills. The additional traffic has caused an increase in cut-through traffic in the Shady Oaks subdivision and significant delays for residents entering and/or exiting the Steeple Ridge subdivision. The City of North Richland Hills authorized Kimley-Horn and Associates, Inc. (KHA) to examine three (3) operational and alignment alternatives to address these problems and future congestion concerns along Shady Grove Road. KHA determined that the cut-through traffic and delays for the Steeple Ridge residents were caused by the increase in traffic and the unimproved intersections at both Shady Grove Road/Davis Boulevard and North Tarrant Parkway/Davis Boulevard. KHA concluded that the short-term solution for these problems would be to improve both intersections. The long-term solution may include examining alternate routes for the Shady Grove Road traffic. Short-Term Solution The KHA study indicated that adding an additional lane at the intersection of Shady Grove Road and Davis Boulevard to provide a right-turn only lane and a left-turn only lane would significantly improve the intersection. KHA estimated that the cost for this improvement would be approximately $45,000. City staff began moving forward to make these improvements (the North Tarrant Parkway project was already under design). During this same time a developer was going through the review process with the City to construct a bank at the corner of Shady Grove Road and Davis Boulevard. The developer was on a "fast track". He was required to construct one-half of Shady Grove Road to the City's standards. Staff approached the developer about entering into a City-Developer Agreement and allowing the City to pay for the other half of Shady Grove Road. This would allow more of the roadway to be improved with the City's share of the funds. The developer's timing for the new bank has changed. The developer is no longer on a "fast track" and now is saying that it will probably be another 4 to 6 weeks before construction begins on the site and possibly 6 to 8 weeks before construction would begin on Shady Grove Road. The North Tarrant Parkway project is continuing to move forward. It is currently being advertised with bids being opened this month. Lono-Term Solution: The long-term solution was to consider any alternate routes for the Shady Grove traffic. The KHA study recommended one alternate route. This alternate consisted of the extension of Clay 1 Hibbins Road. After further examination of this alternate ro" ute it was determined to not be economically feasible. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS , "- Currently, there is only one section of undeveloped land remaining between Shady Grove Road and North Tarrant Parkway within the City of North Richland Hills that could possibly provide an alternate route. This land does present some flood plain / drainage concerns that will need to be investigated to determine its feasibility as an alternate route. City Management and staff met with the City of Keller to discuss Keller's future thoroughfare plans and to examine other long-term options. The City Manager of Keller indicated that the closest east-west collector shown on the Keller thoroughfare plan was Bear Creek Parkway. After reviewing the Keller and North Richland Hills thoroughfare plans, both cities tentatively developed a long-term plan and agreed to make changes to their respective thoroughfare plans to reflect this plan. The plan will have a new street connecting Rapp Road to North Tarrant Parkway just west of Smithfield Road. The new street will direct the majority of the future Keller traffic over to North Tarrant Parkway. Both cities agreed to emphasize North Tarrant Parkway as the primary east-west collector street. The plan will be presented during the Pre- Council Meeting. Staff is needing direction from Council on the following: Short-term issues: 1. 00 we wait on the Summit Bank Development at the corner of Shady Grove Road/Davis Boulevard before we make any improvements to that intersection? 00 we make improvements now knowing that the contractor will need to remove these improvements when the bank improves Shady Grove Road? Lona-term issues: 1. Does staff begin implementing the NRH/Keller plan or do we authorize KHA to examine the feasibility of extending Shady Grove Road across the undeveloped land between Shady Grove Road and North Tarrant Parkway, west of the Shady Oaks subdivision? 2. Does staff authorize KHA to examine other alternatives to encourage motorists to use Smithfield Road instead of continuing along Shady Grove Road to Davis Boulevard? Respectfully submitted, Jvt~~-t¡ MIke Cùrtis, . . Public Works Director " INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR2002-004 '. . Date: January 14, 2001 Subject: New Commercial Zoning Districts Upon approval of the City's Comprehensive Plan in the spring of 2001 , the City Council directed the Staff to prepare new retail zoning districts, which more clearly reflect land use compatibility strategies depicted in the Comprehensive Plan. The Council also directed Staff to permit all property owners with land zoned LR, C1 and C2 to retain their existing zoning and development rights consistent with those districts. The new zoning districts are NS Neighborhood Services which replaces LR Local Retail, CS Community Services which replaces C1 Commercial and HC Heavy Commercial which replaces C2 Commercial. There will be no city initiated zoning to the new districts NS, CS, and HC. However on the effective date of this ordinance applicants will no longer be able to request the old retail districts. Staff will make a brief presentation to describe these changes at the Council briefing on January 14th. The Planning & Zoning Commission will make a formal recommendation this Thursday, January 10th. These zoning changes are scheduled to be brought forward for a formal vote before the City Council on January 28th. Sinc. erel~ 1\. -Jcf¿(:)d:;f\ John Pitstick Development Director llSSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS Zoning Regulations City of North Richland Hills. Texas Article 1 Section 176. ProDertv Zoned LR-Local Retail. C1 Commercial District. and C2 Commercial District A. Prior to January 29.2002. the City Council had established LR-Local Retail District. C-1 Commercial District. and C-2 Commercial District Zonina Districts. All Droœrtv zoned LR-Local Retail District. C-1 Commercial District. C-2 Commercial Districts as of January 29. 2002. shall retain such zonina classifications althouah such zonina classification is no lonaer a zonina classification under this Ordinance. unless and until the zonina classification for such Drocertv is chanaed by the City Council on its own motion. or by the City Council followina a reouest by the owner. or aaent of the owner of such Droœrtv. B. The develoDment standards. district reaulations and sUDDlemental district reaulations for LR Local Retail District. C-1 Commercial Zonina District and C-2 Commercial Zenina District in effect as of January 29. 2002. shall continue in full force and effect for Droœrtv zoned LR-Local Retail District. C-1 Commercial District and C-2 Commercial District as of January 29. 2002. includina any enlaraement. eXDansion. or reconstruction of any buildina. structure or use is abandoned or destroYed by fire or other elements exceedina fifty œrcent (50%) of the current reDlacement value or such use is abandoned. C. The lawful use of Drocertv and the lawful existence of buildinas and structures on Droœrtv zoned LR-Local Retail. C-1 Commercial District. C-2 Commercial District as of January 29.2002. althouah such do not conform to the Drovisions of this Ordinance. may be continued and are deemed leaal nonconforming buildinas. structures and uses which may be enlaraed. eXDanded or extended as set forth in this Section. D. Any lawful use on a Dlatted lot on DroDertv zoned LR-Local Retail. C-1 Commercial. C-2 Commercial District Drior to January 29. 2002. which may now be nonconformina due to stricter standards. shall be deemed in conformance with this Ordinance as lona as the use of the lot is allowed in such zoning district. Any existing lot Dlatted in DroDertv zoned LR-Local Retail. C-1 Commercial. and C-2 Commercial District Drior to January 29. 2002. which was leaally conformina shall be deemed a conformina lot. E. After January 29.2002. no Droœrtv shall be zoned LR-Local Retail. C-1 Commercial District. C-2 Commercial District. Article 3 Permitted Uses 011000 Page 3-3 NS Neighborhood Services Replaces the old LR Local Retail District NS Neighborhood Service District is intended to provide for the development of convenience retail shopping, services, and professional offices, principally serving the neighborhood needs, and compatible in scale with adjacent residential development. All uses in this district are limited to no more than 5000 square feet in size. - Uses permitted by rioht Uses permitted by SUP Residential No changes (NC) (NC) (NC) (NC) Utility (NC) Educational/Institutional (NC) Recreation/Entertainment Deleted Temp. carnival (NC) Permitted Health Studio AutolT ransportation Deleted auto parts sales Deleted Airport/Heliport (NC) Office Added Governmental office (NC) Retail/Service Added carpet & tile shop Deleted Produce market Commercial (NC) Deleted research lab Agriculture: Manufacture/lnd ustrial (NC) (NC) (NC) (NC) CS Community Service replaces the old C1 Commercial District CS Community Service District is intended to provide for development of retail service, and office uses principally serving community and regional needs. This district should be located on the periphery of residential neighborhoods and be confined to intersections of major arterial streets. It is also appropriate for major retail corridors as shown on the Comprehensive Plan. Uses permitted by riQht Uses permitted by SUP Residential No changes (NC) (NC) Utility (NC) (NC) Ed ucational/I nstitutional Added cemetary/ (NC) mausoleum Recreation/Entertainment Deleted bowling alley (NC) AutolT ransportation (NC) Deleted paint and body shop Office (NC) (NC) Retail/Service (NC) Deleted Farmer's market Deleted Produce marrket Commercial (NC) (NC) Agriculture (NC) (NC) Manufacture/Industrial: (NC) Deleted Assembly operation of commodities in fully enclosed building HC Heavy Commercial replaces the old C-2 District HC Heavy Commercial District is intended to provide for the development of retail and general business uses primarily to serve the community and region. Uses include a wide variety of business activity and may involve limited outside storage, service or display. This district should be located away from low and medium density residential development and should be used as a buffer between retail and industrial uses. The Heavy Commercial District is also appropriate along business corridors as indicated on the Comprehensive Plan. Uses permitted bv riQht Uses permitted bv SUP Residential (NC) (NC) (NC) Utility (NC) Educational/Institutional Added cernetary/ mausoleum Added business school Recreation/Entertainment (NC) (NC) AutolTransportation (NC) Deleted paint and body shop Allowed truck service center w/SUP not by right Office (NC) Retail/Service Deleted Pawn shop (NC) (NC) Commercial (NC) Added greenhouse/plant nursery Agriculture Man ufacture/lnd ustrial (NC) (NC) (NC) Deleted Storage of stone, rock, & gravel INFORMAL REPORT TO MAVOR AND CITY COUNCIL No. IR 2002- 002 ~ Date: T Subject: January 14, 2002 Discuss Date for Meeting with Lyle Sumek Lyle Sumek's office has contacted staff regarding a date for mEieting with the City Council to discuss the ~rocess for evaluation of the City Manager. He wilt be in the area on Tuesday February 12t , and would like to meet with the council from 6:00 PM to 9:00 PM that evening. . Please bring your calendars so we can determine the availabili~ of Council on this date. If it is not possible for all of the Council to be there on February f2th, we can determine other possible dates and contact Mr. Sumek's office to see if he is av~Iable. Respectfully Submitted, ~n~ City Manager \.. llSSUED av THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ,......-.>--'--.-"'-"'----'-_'_~__;o__________._ .§pecial Presentation Certificate of Recognition Recipient: Presented by: Reason: Linda Kjeldgaard, NRH Resident Mayor and Council Members She purchased a "Mayor for the Day" certificate at a silent auction at her child's school, Fort Worth Christian School. She chose to spend her time at the Council Meeting to meet all the Council Members and learn more about the responsibilities. 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 10, 2001 - 6:00 P.M. Present: Charles Scoma Russell Mitchell Lyle E. Welch Frank Metts, Jr. JoAnn Johnson David Whitson Joe D. Tolbert 1. Oscar Trevino, Jr. Mayor Mayor Pro T em Councilman Councilman Councilwoman Councilman Councilman Councilman Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Alicia Richardson Rex McEntire Paulette Hartman John Pitstick Jenny Kratz Larry Koonce Mike Curtis Penny Peterson Andy Jones Sean Hughes Donna Enos Thomas Powell City Manager Deputy City Manager Assistant City Manager Managing Director Community Services Assistant City Secretary City Attorney Asst. to the City Manager Director of Development Public Information Director Finance Director Public Works Director Acting Building Official Fire Chief Acting Emergency Management Coordinator Purchasing Agent Director of Support Services Absent: Patricia Hutson City Secretary ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 5:30 p.m. DISCUSS ITEMS Agenda Item No. 6h PW 2001-021 - FROM REGULAR Councilwoman Johnson was interested in what DECEMBER 10, process the city is taking to inspect the work as 2001 CITY it is being completed. . COUNCIL AGENDA Mr. Curtis advised council that staff would be contracting with an outside testing firm to do the testing on the tank repainting and rehabilitation Pre Council Minutes December 10, 2001 Page 2 work. The testing and oversight will be conducted throughout the process of the project. Councilwoman Johnson asked Mr. Cunningham to monitor the security around the storage tank. DISCUSS ITEMS FROM REGULAR Mr. Curtis advised council that the tank would DECEMBER 10, be drained and there would not be any water 2001 CITY and it will not be operating. COUNCIL AGENDA Councilman Trevino asked staff when the last (Continued) time the tank had been painted. Mr. Richard Albin of Knowlton-English-Flowers advised council it had been painted in 1982/1983. Councilman Trevino asked ,staff if they anticipated running into lead paint. Mr. Albin advised council a test would be performed to verify that there is no lead in the NAN under coatings. Agenda Item No. 6g PU 2001-047 - Councilman Trevino asked staff why the city accepted a bid from a vendor who has been removed from the bid list. Mr. Powell advised council that the bidder saw the ad in the paper and requested a bid package. Mr. Cunningham advised council that staff could remove an individual or business from the bid list, but could not preclude businesses from bidding. If a bid is submitted the city is obligated to open bid. In this particular case staff feels there is justification in not awarding the bid to this particular business due to their past NAN performance. ,. Agenda Item No.1 0 GN 2001-115 - Councilman Metts asked for clarification. It is his understanding that council is being asked to adopt and then extend it for a year. Pre Council Minutes December 10, 2001 Page 3 Mr. Cunningham advised council that the owners of the mall asked that the abatement be extended a year. Staff is recommending that council approve the abatements as originally recommended, and staff will come back next Monday and ask that the operating agreement be extended for one year. The extension will refer to the time the mall has to be leased up to NAN 75%. Agenda Item No.8 PZ 2001-30 . Councilman Whitson asked staff if they knew of any near or long term use of tract 1. Mayor Scoma advised council that they could NAN ask a representative of Birdville Independent School District durino the public hearing. IR 2001-185 Mr. Pitstick advised council that members of the DISCUSS VARIOUS committee from the Technical Code Review REVISIONS AND were present to recommend their findings. ADOPTION OF THE RESIDENTIAL Mr. Pitstick advised council that currently the CODE, city is under the 1991 Uniformed Codes ELECTRICAL (Plumbing, Building, and Mechanical) and the CODE, 1996 National Electrical Code. SUPPLEMENTAL DEVELOPMENT Mr. Pitstick introduced Penny Peterson, Acting CODE AND Building Official and Chairman Mark Alexander. BUILDING Mr. Alexander introduced members of the DEVELOPMENT Technical Code Review Committee who were FEE SCHEDULE present. Mr. Alexander advised council that the state has mandated that the 2000 International Residential Code and the 2000 International Energy Code be adopted. The Residential Code has to be adopted by January 1, 2002, which is one recommendation from the committee, and the Energy Code needs to be adopted by September 1, 2002. The committee proposes the following proposals to be effective January 1, 2002. . 2000 International Residential Code with a couple minor exceptions Pre Council Minutes December 10, 2001 Page 4 · 2002 Supplemental Development Code · 1999 National Electrical Code · 2002 Fee Schedule The committee voted unanimously to adopt the four proposals presented to council tonight. The committee also approved a code adoption agenda. Due to the vastness of the task before the committee and the city the committee proposes to implement the code adoptions in phases. In March 2002 staff plans to bring forward for adoption the 2000 International Plumbing and Mechanical Codes. In June 2002 staff will bring forward the 2000 International Building, Fire, Energy Codesal']d}he2001 International Energy Supplement. Mr. Alexander advised council that the city will be in line with other municipalities. Mr. Pitstick gave council an overview of the code adoption agenda. January 1, 2002 2002 International Residential Code 2002 NRH Supplemental Development Code 1999 National Electrical Code 2002 Fee Schedule March 2002 2000 International Plumbing Code - 2000 International Mechanical Code June 2002 2000 International Building Code 2000 International Energy Conservation Code 2001 International Energy Supplement 2000 International Fire Code Mr. Pitstick reminded council of an ordinance passed last year that would allow the Finance Director to upgrade the fees by the consumer price index. Currently the city is 10%-12% behind on fees. The committee has meet and is Pre Council Minutes December 10, 2001 Page 5 recommending a 5% maximum increase for the basic building permit fees. Mayor Scoma asked Mr. Pitstick if the fee study done earlier in the year included building fees. Mr. Cunningham advised council on the building codes the city was behind on the adoption of the actual code and staff went to the next code (1997) and adopted those fees, with the understanding that a committee would be appointed to review the codes and fees. Staff felt it best to increase the fees in conjunction with adopting the new codes. Councilman Welch asked staff if the city needs the money to substantiate the increase in fees. Mr. Cunningham advised council that an outside firm did a cost of services so the city can have an objective view. The city was behind not only in the cost of service recovery, but also behind in the codes itself. The current fee is below the city's cost. Councilwoman Johnson would like to know if the builders could be invited to a meeting to advise them of the new codes. Mr. Pitstick advised council that staff was considering an open house for the builders when the codes get adopted. Mr. Pitstick advised council that the 1999 - National Electrical Code has a requirement for a circuit breaker, and the committee is asking that this requirement not be included in the code until it can be tried, which at a later time it can J.Pitstick be adopted in the code. EXECUTIVE Mayor Scoma announced at 6:01 p.m. that the SESSION & Council would adjourn to Executive Session for ADJOURNMENT personnel matters under Government Code Section 551.074 - Appointment of City Attorney. Mayor Scoma announced at 6:57 p.m. that the Council would adjourn to the regular Council meeting. Pre Council Minutes December 10, 2001 Page 6 Charles Scoma - Mayor ATTEST: Alicia Richardson - Assistant City Secretary 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 10, 2001 -7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order December 10, 2001 at 7:03 p.m. ROLL CALL Present: Charles Scoma Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson David Whitson Joe D. Tolbert T. Oscar Trevino, Jr. Mayor Councilman Mayor Pro Tem Councilman Councilwoman Councilman Councilman Councilman Staff: Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Alicia Richardson Rex McEntire City Manager Deputy City Manager Assistant City Manager Managing Director of Community Services Assistant City Secretary Attorney Absent: Patricia Hutson City Secretary 2. INVOCATION Students from Smithfield Middle School led the invocation. 3. PLEDGE OF ALLEGIANCE Students from Smithfield Middle School led the pledge. 4. SPECIAL PRESENTATIONS City Council Minutes December 10, 2001 Page 2 CHRISTMAS LIGHTING AWARDS CONTEST Mayor Scoma and Patsy Tucker presented certificates to the following recipients of the Christmas Lighting Awards Contest. Concezio & Dolores Casilio, 3617 Holland; David & Gloria Herrera, 6908 Corona; Lanny & Ethel Wadleigh, 4913 Tamra; Mike & Dari Jones, 7121 Bahama Ct.; Cody Martin, 5641 Cork Lane, Ed & Betty Jones, 7208 Chapman; Mike & Anita Noah, 8213 Kentwood Dr.; Bob, Carolyn & Corky Waterson, 7332 Tipperary Ct.; and David & Cheryl Mobley, 7925 Christina RECOGNITION: "NIGHT OF HOLIDAY MAGIC COMMITTEE" Mr. Cunningham thanked and recognized the following members for an outstanding job. Vickie Loftice, Pam Burney, Stacy Smith, Steve Brown, Debbie Durko, Ken Raney, Jenny Kratz, Paulette Hartman, Clifton Beck, Sharon Davis, Gary Bechthold, Rob Elder, Andy Kancel, Cary King, Debbie York, and Jimmy Cates. 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 26, 2001 B) MINUTES OF THE CITY COUNCIL MEETING NOVEMBER 26, 2001 C.) PU 2001-043 APPROVE UPGRADE OF OUTDOOR EMERGENCY WARNING SIREN SYSTEM TO AMERICAN COMMUNICATIONS IN THE AMOUNT OF $25,525.00 AND AMEND CIP BUDGET D) PU 2001-044 APPROVE PURCHASE OF A NEW TYPE 1 AMBULANCE TO FRAZER, INC., IN THE AMOUNT OF $124,145.00 E) PU 2001-045 AWARD ANNUAL CONTRACT FOR TOP SOIL, SAND AND FLEX BASE TO HJG TRUCKING IN THE AMOUNT OF $58,900 F) PU 2001-046 AWARD BID FOR ANNUAL SHIRT CONTRACT TO ACTIVE IMPRESSIONS City Council Minutes December 10. 2001 Page 3 G) PU 2001-047 AWARD BID FOR POLICE DEPARTMENT HVAC REPLACEMENT TO KLUND SERVICES IN THE AMOUNT OF $27,650 H) PW 2001-021 AWARD OF BID TO CHAMPION COATINGS, INC., IN THE AMOUNT OF $375,600 FOR THE DAVIS BOULEVARD ELEVATED STORAGE TANK REPAINTING AND REHABILITATION 2001 Mayor Pro Tem Mitchell moved, seconded by Councilman Whitson to approve the consent agenda. Motion to approve carried 7-0. 7. PS 2001-29 CONSIDERATION OF A REQUEST BY EARNEST HEDGCOTH REPRESENTING THE PROPERTY OWNERS FOR THE APPROVAL OF A FINAL PLAT OF LOTS 1-11, BLOCK 1 & LOT 1-7, BLOCK 2, ROYAL OAKS ADDITION AT THE SOUTHWEST CORNER OF THE INTERSECTION OF RUMFIELD ROAD AND SPRING OAK DRIVE APPROVED Mr. Hedgcoth advised council he was proposing to construct 20 lots along the five-acre tract of land. A street will be constructed, which will be tied into Spring Oak on the east side and come into Rumfield on the north side. An existing pond on the property will be drained, after which will be compacted and filled. Mayor Scoma inquired about the draining of the pond. Mayor Scoma wanted to know if the pond would be drained under or above ground and where the water will drained. Mr. Hedgcoth advised council that the initial draining would consist of cutting a hole into the existing pond. The pond will drain under Spring Oak Drive into the creek that runs into Little Bear Creek. Mr. Hedgcoth advised council there were (2) two fifty-inch pipes under Spring Oak Drive that will carry the water. Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances and summarized recommendations of staff and the Planning and Zoning Commission. Mr. Pitstick advised council that there is one lot that will be dedicated to the parkland dedication, which will be used to tie into the trail system in lieu of the parkland dedication fee. Councilwoman Johnson moved to approve PS 2001-29 a final plat of Lots 1-11, Block 1 and Lots 1-7, Block 2 Royal Oaks Addition. Councilman Welch seconded the motion. City Council Minutes December 10, 2001 Page 4 Councilman Trevino advised council that staff had not received any information pertaining to the status of tree preservation and proposed landscaping. Councilman Trevino asked if council should include in their motion. Mr. Pitstick advised council that staff has information on the tree preservation and proposed landscaping, but have not formally received it. Mr. Pitstick advised council there are trees on the far southern side on the back lot. If the grading portion does not disrupt the trees staff will work with applicant to preserve the trees. In the event the trees are removed, they will have to be replaced per the tree ordinance. Motion to approve carried 7-0. 8. PZ 2001·30 PUBLIC HEARING TO CONSIDER A REQUEST FROM THE BIRDVILLE INDEPENDENT SCHOOL DISTRICT FOR ZONING CHANGES ON TWO TRACTS OF LAND LOCATED IN THE JOHN C. YATES SURVEY, ABSTRACT NO. 1753, TRACT NO.1 (10.67 ACRES) FROM C-1 RETAIL TO U-INSTITUTIONAL AND TRACT NO.2 (1.87 ACRES) FROM C-1 RETAIL TO L-1 LIGHT INDUSTRIAL (LOCATED SOUTH OF MID-CITIES BOULEVARD AND EAST OF RUFE SNOW DRIVE) - ORDINANCE NO. 2588 APPROVED Councilman Trevino stated that he was signator to the agreement on item number 8 with BISD and is a partner with the construction company on item 9, and as such he will abstain from the discussion and the vote for both items. Councilman Trevino left the room at 7:35 pm. Dr. David Brewer, Associate Superintendent with Birdville Independent School District (BISD), advised council the request for a zoning change for the 10-acre tract from C-1 Retail to U Institutional is in preparation for the potential of an elementary school being constructed on the site sometime in the future. The request for the second change is for a temporary agreement that BISD has had with J.L. Steel for a temporary batch plant for two years which will revert back to C-1, at which time BISD will approach council and ask for a change in zoning to U Institutional. Dr. Brewer and staff have discussed the possibility of including an automatic change from 1-1 Light Industrial to U Institutional at the end of 24 months. Dr. Brewer reiterated that BISD plans to construct an elementary school on the site. The BISD board has not designated when that construction time will begin. Mayor Scoma asked Dr. Brewer if the board and administrative staff is receptive to the idea of having an automatic reversal of the zoning within two years or the date which has been established. City Council Minutes December 10, 2001 Page 5 Mayor Scoma noted for the record that "should action be taken to automatically reverse this zoning at a future time that there will be a process that the city, staff would go through from a public notification standpoint." Mr. Pitstick advised council the current property which is owned by the school is all zoned C-1 Commercial. There is a portion around 250 feet along the frontage of Mid Cites Boulevard that is being left as C-1 Commercial. A request has been made on Tract 1 for U Institutional, which would be appropriate for school use. BISD is also requesting 1.87 acres on the property closest to the railroad tracks for a temporary concrete batch plant (item 9). BISD has also indicated that at the end of two years they would be willing to request that zoning be converted to U Institutional. This property is listed as U Institutional on the Comprehensive Land Use Plan. Mr. Pitstick advised council that staff would not normally be in favor of rezoning property for Light Industrial in this location, but based on a temporary and as long as staff can come back and rezone as Institutional. The Planning and Zoning Commission recommend approval of request. Councilman Whitson asked for clarification whether the property to the west is zoned as Mulit-Family. Councilman Whitson wanted to know if staff is aware of any near term development of the property. Mr. Pitstick advised council that staff has talked to developers in that area, but have not received any formal applications. Mayor Scoma asked Mr. Pitstick if he could foresee any negative impact for any future development to the west side of the property. Mr. Pitstick advised council there would be an engineering and zoning approval that would be required. In addition to the approval, streets would need to be constructed and Mr. Pitstick did not think there would be anyone living there within two years. However, there could be construction going on during the time frame that the cement batch plant is located on the property. Councilman Tolbert asked Mr. Pitstick if he was aware of any agreement between J.L. Steel and the school district. Mr. Pitstick advised council it was his understanding that there is an agreement. Mayor Scoma opened the public hearing and asked for anyone wishing to speak in favor of the zoning change to come forward. There being no one wishing to speak, Mayor Scoma asked for anyone wishing to speak in opposition to come forward. The following people spoke in opposition: Morris Wright, 5708 Puerto Vallarta, and William Maserang, 3320 Bewley, Haltom City. There being no one else wishing to speak Mayor Scoma closed the public hearing. City Council Minutes December 10, 2001 Page 6 Mayor Pro Tem Mitchell asked Dr. Brewer how the school district would look at building a school so close to a gas and oil line. Dr. Brewer advised council that they asked the opinion of an engineering firm. They were told that the line runs onto a residential area and that the risk does not appear to be any greater for the school than for those in the residential area. Councilman Metts expressed that he is in favor of the changing the zoning for the 1.87 acres on Tract 2 if it automatically reverts to U Institutional. Councilwoman Johnson moved to pass PZ 2001-30, Ordinance No. 2588 changing Tract 1, 10.6 acres from C-1 Retail to U Institutional and Tract 2, 1.87 acres from C-1 Retail to L-1 Light Industrial and returning Tract 2, 1.87 acres from L-1 Light Industrial to U Institutional in 24 months from the date of this change. Councilman Metts seconded the motion. Councilman Whitson asked City Attorney Rex McEntire what would happen if item 9 is approved and the Rufe Snow project last longer than two years. Mr. McEntire advised council that a request for extension would be required. Mayor Pro Tem Mitchell asked Councilwoman Johnson to consider the following amendment that the zoning would be reverted the day that the Rufe Snow project is completed or two years from the date of change whichever being the least amount of time. Councilwoman Johnson accepted the amendment. Councilman Metts seconded the amendment. Motion to approve carried 6-0, with Councilman Trevino abstaining. 9. PZ 2001-33 PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT (SUP) REQUEST BY J.L. STEEL, L.P. FOR A TEMPORARY CONCRETE BATCH PLANT OPERATION NOT TO EXCEED 24 MONTHS ON 1.87 ACRES OUT OF THE JOHN C. YATES SURVEY ABSTRACT NO. 1753 - ORDINANCE NO. 2589 APPROVED Mr. Pat Pace, representing applicant, advised council that J.L. Steel and Birdville Independent School District (BISD) have an agreement contingent upon approval from council, TNRCC, and Texas Air Control Board. Mr. Pace advised council that the dollar amount agreed upon by both parties is $35,000 for temporarily using BISD's property. Mr. Pace advised and addressed concerns from the Planning and Zoning Commission. The first concern was environmental - there has been an environmental test performed City Council Minutes December 10, 2001 Page 7 on the property. J.L. Steel, L.P. has agreed to use the same company who performed the test and return the site to equal or better condition received by J.L. Steel. Second concern was storm water run-off and air quality. Mr. Pace advised that the TNRCC and Texas Air Control Board are in the process of evaluating and J.L. Steel is waiting approval. Third concern was dust control. The Fire Marshall will monitor the site, have authority to review the watering, and ability to shut down the plant if he felt the dust was not properly treated. Mr. Pace advised council that the aggregate stockpile will have a sprinkler system. The sprinkler system will control the moisture and temperature control. Mr. Pace mentioned there would be a water truck on site. Mr. Pace also mentioned that the area will be rocked and flex base. Another concern was the truck traffic on Dick Fisher. Mr. Pace met with Mr. Curtis, Mr. Pitstick, Mr. Powell and a representative from the Fire Department. Prior to J.L. Steel opening the temporary concrete batch plant it was agreed that Mr. Curtis and Mr. Pace would walk the path of the trucks to assess the state of the land, road, and property. The property will be checked intermittently throughout the 24 months, and as items are found they will be fixed. Mr. Pace informed council that every road that leads up to the project or batch site is concrete pavement. Mr. Pace advised council the primary hours of operation will be from 7:00 am to 5:00 pm, but would like the ability to operate during the hours which is allowed by city ordinance. Councilman Whitson wanted to be sure that the trucks would be using the stop light signal on Mid Cities Boulevard and Technol and not the flashing light on Mid Cities Boulevard and Dick Fisher. Mr. Pace advised council that the trucks would be using the signal at Mid Cities Boulevard and Technol. Councilman Whitson asked Mr. Pace if he has received any negative or positive comments from the west or south neighbors. Mr. Pace advised council that he was not aware of any opposition from the City or Kimberly Clark. Councilman Welch asked Mr. Pace if the waste on the site would be removed on a regular basis. Councilman Welch wanted to be sure that Dick Fisher would be clear of debris and that the trucks stay off Technol. Mr. Pace advised council that the waste would be removed on a regular basis. Mr. Pace also informed council that Dick Fisher would also be cleaned on a regular basis. Mr. Pace assured council that he would do everything in his power to make sure that the trucks do not go the wrong way. Councilman Tolbert asked to clarify what Councilman Welch was asking with regards to Technol. Councilman Tolbert asked if the concern was keeping trucks off Techriol to the south. City Council Minutes December 10, 2001 Page 8 Councilman Welch confirmed that he was concerned with trucks staying off Technol to the south. Councilman Tolbert wanted to clarify that applicant was requesting hours of operation from 7:00 am to 5:00 pm. Mr. Pace advised council that the primary hours of operation would be 7:00 am to 5:00 pm. However, they would like the option to work under the city's current ordinance that would allow them to work 7:00 am to 7:00 pm (standard time) and 6:00 am to 8:00 pm (day light savings time). Councilman Tolbert asked Mr. Pace if he would put up signs or some type of instructions for the truckers that they should exit out Dick Fisher South and up Technol to the light at Mid Cities Boulevard. Mr. Pace advised council he would not have a problem with Councilman Tolbert's suggestion. Mayor Scoma wanted to know if he understood that city staff would evaluate the condition of the route in the beginning and not just the area that the trucks would be entering, but also the area the trucks would be traversing. Should there be any damage to the road, J.L. Steel would replace and not to the condition it is in now, but would be replaced in new condition. Mr. Pace advised council that it would be replaced in new condition. Mayor Scoma also had a question with regards to indemnification to the city. If there were to be a legal action brought forth because of dust in the air, accident, or exposure would J.L. Steel be willing to indemnify the city against all legal suits, claims, and actions. Mr. Pace believes that the indemnification is included in the contract. Mr. Pace knows he does that for Texas Department of Transportation and he believes that the city is a part of it. Mayor Scoma thinks it is a very important aspect and the city would not want to take on any liabilities that would be caused as a result of a contractor. Mayor Scoma advised Mr. Pace that the city has this type of an agreement with anyone who enters into a contract with the city. Mayor Scoma acknowledged that J.L. Steel is entering into an agreement with BISD. Mayor Scoma asked if BISD is indemnified against any claims or losses that might occur on the property. Dr. Brewer said that he did not know specifically. Mr. Pitstick advised the request is for a special use permit for a temporary concrete batch plant not to exceed 24 months. Staff received a letter from the school district City Council Minutes December 10, 2001 Page 9 requesting permission on their property for a temporary concrete batch plant. The applicant will have to acquire the necessary Texas Natural Resource Conservation Commission (TNRCC) permits. Staff was concerned with the blowing debris that may affect the service center. The primary concern in the Development Review Committee was access to the site, concerns over dust, and extending water to site. Staff understands that J.L. Steel will have a water truck on site almost all times, and the stockpile/rock/gravel will be sprinkled. The Development Review Committee has commented that the Fire Marshall shall have the right to require watering or closing the batch plant to eliminate any dust or blowing debris. Mr. Pitstick advised council the normal construction hours of operation within the City of North Richland Hills are 7:00 am to 7:00 pm (central standard time) and 6:00 am to 8:00 pm (daylight savings times) Monday - Saturday only. Mr. Pitstick believes that is what applicant is requesting. Mr. Curtis has met with J.L. Steel and is concerned about the roadway. Staff would like to see a designated specific route for deliveries at that location using Dick Fisher Drive. J.L. Steel is required to obtain a TNRCC permit. Staff is requesting that applicant be responsible for repairing or replacing any damaged portions of any city street related to batch plant operation as determined by the Public Works Director upon final completion of plant operation. The Planning and Zoning Commission recommended approval of request. Mr. Pitstick said he believes that staff will have a good working relationship with applicant. Mr. Pitstick informed council that the ordinance did not have the stipulations that addressed the Development Review Committee's concerns. If council elects to approve ordinance they would need to include stipulations. Mayor Scoma suggested that applicant be required to repair any damage to city roads that it be taken care of at the time it has been determined rather than waiting until the end of the project. Councilman Whitson asked Mr. Curtis to clarify the hours of operation. Councilman Whitson understood that the hours of operation where Monday - Friday with special permission to operate on Saturday and no operation on Sunday. Mr. Curtis confirmed the hours of operation. Councilman Whitson asked Mr. Curtis if the truck route could be kept on south Dick Fisher to keep them away from the front of the fire station. Mr. Curtis advised council that the route Councilman Whitson recommended was considered but the proximity of fire station #4 and the other city buildings are closer to the road on Dick Fisher south. Mr. Curtis informed council that the majority of municipal employee traffic going to and from the service on Dick Fisher south. Mr. Curtis believes that the path being suggested by the applicant to be most appropriate. Mr. Curtis advised council he would be looking at methods that staff could use or implement to slow the truckers. .__._.."_~'W"".___"_~.=~___<~___~________~_ City Council Minutes December 1 0, 2001 Page 10 Councilman Tolbert voiced his concern that council may be restricting time that the applicant can use to facilitate the Rufe Snow Project. Mr. Curtis advised council that the applicant would be able to work on Saturday. Staff only asks that applicant make the city aware of their intent to work on Saturday. This will allow the city to have the appropriate people on Saturday. Mayor Scoma opened the public hearing and asked for anyone wishing to speak in favor to come forward. There being no one wishing to speak Mayor Scoma asked for anyone wishing to speak in opposition to come forward. The following people were in opposition: Don Wiethorn, 5737 Puerto Vallarta Drive, William Maserang; 3320 Bewley, Haltom City; Cecil L. Benningfield Jr., 5732 Acapulco Drive; Ed & Wilette Reed, 7112 Bermuda Court; Joan Hockenberry, 5704 Bermuda Drive; Charlotte Timmons, 7112 Lancashire Drive; Susan Thomas, 5713 Acapulco Drive; Morris Wright, 5708 Puerto Vallarta Drive; Karen White, 5736 Bermuda Drive; John Yarbrough, 7133 Barbados; Janette Chandler, 6908 Arborbrook; Gene Thomas; 5713 Acapulco; Daniel Branscum, 7100 Chatham Road; Ray Rei, 6907 Sierra Drive; Betty Carr, 7220 Lancashire; Darilyn Jones, 7121 Bahama Court; Katherine Kraft, 7228 Chatham Road; Myrtis M. Gray, 6316 Buckingham; Jack D. McFarland, 5128 Holiday Lane; Lori McFarland, 7129 Barbados Drive; and Tony Wells, 7112 Barbados. Councilman Metts left the room at 8:40 pm. Councilman Metts returned at 8:45 pm. Councilwoman Johnson asked how the residents were notified of the public hearing. Council was advised that they had received a flyer on their doors. Councilman Tolbert asked that the letter that was circulated to the area residents be entered into record (Attachment A), prior to the public hearing being closed. There being no one else wishing to speak Mayor Scoma closed the public hearing. Councilman Tolbert moved to approve PZ 2001-33, Ordinance No. 2589 with the following stipulations: if at any time during the pendency of this Special Use Permit if there is any damage to the city streets related to the operation of the batch plant as determined by the head of public works of the city of North Richland Hills J.L. Steel will either promptly repair the damage or reimburse the city if the city is forced to make the repairs, this will be in effect not only during the pendency of the SUP but also that work must be completed promptly after the completion of the SUP; the hours of operation would be limited to 7:00 am and not extend beyond the city ordinance for ending times; the weekend operations would only be with approval of the head of public works of the City of North Richland Hills; trucks will be required to follow an ingress/egress route as approved by the head of public works of the City of North Richland Hills; the SUP will ~ . ~---'-'~~-~-~'-~'-"'--~--------~-'-"-------~'--'''^--- City Council Minutes December 1 0, 2001 Page 11 end when the zoning ended as amended per Mayor Pro Tem Russ Mitchell from item number 8; operations would not be allowed unless all operations were approved by the TNRCC, and at any time that the TNRCC finds that this is not meeting environmental standards then the use and operation will immediately be ceased and not be allowed to operate again until such time as it has approval from TNRCC and all other environmental government agencies. Councilman Metts seconded the motion. Mayor Scoma reminded council of stipulations recommended from staff that were not included in the motion. The Fire Marshall's right to control the watering of the plant and the indemnification for all legal costs that the city might be exposed to. Councilman Tolbert advised council that he spoke with the city attorney and he is not inclined to include the indemnification in his motion. Councilman Tolbert did amend his motion to include the Fire Marshall's right to close down operations for excessive dust. Motion to approve carried 5-1 with Councilmen Welch, Metts, Wh.itson, Tolbert and Councilwoman Johnson voting for, Mayor Pro Tem Mitchell voting against and Councilman Trevino abstaining. Councilman Trevino returned to the meeting at 9:25 pm. 10. GN 2001-115 PUBLIC HEARING FOR CONSIDERATION OF ESTABLISHING AN 87 ACRE REINVESTMENT ZONE AND AUTHORIZATION OF A PROPERTY TAX ABATEMENT BY NORTH HILLS MALL L.P. - ORDINANCE NO. 2594 AND RESOLUTION NO. 2001-070 APPROVED Mr. John Pitstick advised council that staff has been working with North Hills Mall for a couple of years to redevelop their property into a first class entertainment facility. Staff currently has a signed tax incentive agreement that was signed on August 16, 2000. The agreement calls for the proposed improvements to the North Hills Mall to make a minimum $66 million dollars in improvements which includes retaining 379 jobs and adding 321 new jobs; renovation of an existing 580,000 square foot mall with the addition of 200,000 square feet new additional space; an ice skating rink, expanded food court, and a multi-screen movie theatre, a fountain plaza, and additional retailers and restaurants. Under the current agreement it does call for the city to pass the appropriate property tax, sales and beverage tax rebate. The property tax agreement includes a 50% real property tax abatement on the $66 million dollar improvements for a portion of 10 years. The current tax rate of .57 cents per $100 evaluation is _ "_"'~'__'H_~._""~"C'.'·,A·'_·.__~__'Ü""_"'__""__._________'____ City Council Minutes December 10, 2001 Page 12 approximately $180,000 per year over the life approximately 1.8 million dollars. The agreement does require a 75% occupancy requirement and 50% of the gross revenues from the fountain plaza area to be to the city for 15 years. The maximum sales and beverage tax rebate is capped. The public hearing before council tonight is to establish an 87 -acre reinvestment zone and authorizing a property tax abatement for North Hills expansion. Mr. Pitstick informed council that staff received a letter from North Hills Mall representative. They are requesting a one-year extension on the agreement. Staff is recommending that council move forward with the existing agreement that would begin in effect January 1 , 2002 for property tax agreement and sales and beverage tax rebate agreement. Staff is recommending that they bring back the tax incentive agreement that was signed in August of 2000 to council on December 17, 2001 to change the initial lease up period to be January 1, 2001 - January 1, 2004. Mr. King was available to answer any questions from council. Mayor Scoma opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. Mayor Pro Tem Mitchell moved, seconded by Councilman Welch to approve GN 2001- 115, Ordinance No. 2594 and Resolution No. 2001-070. Motion to approve carried 7-0. 11. GN 2001-116 CONSIDER RESOLUTIONS AUTHORIZING THE EXECUTION OF AN ECONOMIC DEVELOPMENT AGREEMENT BY AND BETWEEN NORTH HILLS CREEK MALL, L.P. AND THE CITY OF NORTH RICHLAND HILLS FOR SALES AND BEVERAGE TAX REBATE GRANT - RESOLUTION NO. 2001-071 APPROVED Mr. Pitstick summarized request. Councilman Metts moved, seconded by Councilwoman Johnson to approve GN 2001- 116, Ordinance No. 2001-071. Motion to approve carried 7-0. ~.__.._._"-,..._--~._--_.~'-~-----_.~,-~,>...........---...._---.~ City Council Minutes December 10, 2001 Page 13 12. GN 2001-117 ACTION ON ANY MATTER LISTED UNDER EXECUTIVE SESSION (PERSONAL MATTERS - APPOINTMENT OF CITY ATTORNEY) APPROVED Mayor Scoma advised council a committee was created to select a law firm to represent the city. The committee is recommending Taylor, Olsen, Adkins, Scralla, and Ellum for the city attorney. Mr. George Staples will be the primary attorney for the city of North Richland Hills. Councilman Tolbert moved, seconded by Councilman Trevino to approve GN 2001- 117. Motion to approve carried 6-1 with Mayor Pro Tem Mitchell, Councilmen Welch, Metts, Whitson, Tolbert, Trevino and Councilwoman Johnson voting for and Councilman Welch voting against. 13. CITIZENS PRESENTATION None. INFORMATION & REPORTS Announcements: · City Offices closed for Christmas Holiday - December 25,2001 · City Offices closed for New Year Holiday - January 1,2002 18. ADJOURNMENT Mayor Scoma adjourned the meeting at 9:38 pm. Charles Scoma - Mayor ATTEST: City Council Minutes December 10, 2001 Page 14 Patricia Hutson - City Secretary MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 . DECEMBER 17, 2001 - 6:00 P.M. Present: Charles Scoma Russell Mitchell Lyle E. Welch Frank Metts, Jr. JoAnn Johnson David Whitson Joe D. Tolbert T. Oscar Trevino, Jr. Mayor Mayor Pro T em Councilman Councilman Councilwoman Councilman Councilman Councilman Larry J. Cunningham Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire Paulette Hartman John Pitstick Jenny Kratz Larry Koonce Patrick Hillis Bill Thornton Steve Brown Mike Curtis Penny Peterson City Manager Assistant City Manager Managing Director Community Services City Secretary Assistant City Secretary City Attorney Asst. to the City Manager Director of Development Public Information Director Finance Director Director of Human Resources Assistant Parks Director Library Director Public Works Director Assistant Building Official Absent: Randy Shiflet Deputy City Manager ITEM DISCUSSION ASSIGNMENT ~'. -;..-. ............ CALL TO ORDER Mayor Scoma called the meeting to order at 6:00 p.m. DISCUSS ITEMS Agenda Item 6a, PU 2001-048 - Councilman FROM REGULAR Whitson questioned if annual contracts are DECEMBER 17, normally bid in this manner. Staff advised that 2001 CITY the printing contract for the various newsletters COUNCIL AGENDA and brochures had been bid a little different than in the past. The City realized savings by bidding all the publications together as separate items and awarding the bid for each publication. NAN Agenda Item 7 - PS 2001-42 - There were questions from several of the Council on the Pre Council Minutes December 17, 2001 Page 2 DISCUSS ITEMS applicant's request for a variance to the FROM REGULAR driveway spacing. Council questioned the DECEMBER 17, distance of the driveway spacing on the 2001 CITY proposed plat request and the relation of the COUNCIL AGENDA driveways to the Wal Mart driveways. There (Continued) was also discussion that Council would not have any input on the building design and other site plan issues of the proposed Target. The property is already properly zoned and unlike Wal Mart, Target is not a planned development and is not requesting variances. Council suggested that Staff ask the developer to meet with the surrounding community to inform them of the project and explain what is proposed for S.Norwood/J .Pitstick the property. Agenda Item 9 - GN 2001-119 - Staff was asked if the proposed code would allow for aluminum wire in residential homes. Staff advised that the Technical Review Committee was recommending that the current North Richland Hills requirement for copper conductors only be left in the revision. NAN IR 2001-188 Mr. Norwood presented to Council two options DISCUSS OPTIONS for decorative street lighting on North Tarrant FOR DECORATIVE Parkway. STREET LIGHTING . Option 1 - "Archetype" fixtures along ON NORTH parkways on both sides of the thoroughfare TARRANT on 30' poles and decorative Hadco fixtures PARKWAY along the walking trail and entry drives on 16' poles. . Option 2 - "Era" style fixture by Kim for lighting of the thoroughfare and the additional decorative lighting. Mr. Norwood reviewed the pros and cons of each of the proposed options. There was extensive discussion by the Council on the two options presented and the maintenance cost to the City. Council suggested a third option - a standard TXU shoebox-style cobra fixture along the thoroughfare and decorative lighting along the walkways. After considerable discussion on the pros and cons of the three options, Council directed staff to bid the three options so Council Pre Council Minutes December 17, 2001 Page 3 could evaluate all costs involved, including electrical and true operating costs, before making a decision. M.Curtis/S.Norwood IR 2001-187 JOINT The consensus of the Council was to set a work WORK SESSION session with the Planning & Zoning Commission WITH CITY for January 15 at 6:00 p.m. J.Pitstick COUNCIL AND THE PLANNING & ZONING COMMISSION EXECUTIVE Mayor Scoma announced at 6:47 p.m. that the SESSION & Council would adjourn to Executive Session for ADJOURNMENT personnel matters under Government Code Section 551.074 - City Attorney Agreement. Mayor Scoma announced at 7:03 p.m. that the Council would adjourn to the regular Council meetinq. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - DECEMBER 17, 2001 -7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the special meeting to order December 17, 2001 at 7:09 p.m. ROLL CALL Present: Charles Scoma Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson David Whitson Joe D. Tolbert 1. Oscar Trevino, Jr. Mayor Councilman Mayor Pro T em Councilman Councilwoman Councilman Councilman Councilman Staff: Larry J. Cunningham Steve Norwood Greg Vick Patricia Hutson Rex McEntire City Manager Assistant City Manager Managing Director of Community Services City Secretary Attorney Absent: Randy Shiflet Deputy City Manager 2. INVOCA TION Girl Scout Troop 1262 gave the invocation. 3. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Girl Scout Troop 1262. 4. SPECIAL PRESENTATIONS City Council Minutes December 17, 2001 Page 2 Mr. Tom Fleming, representing SCORE Chapter 120, presented to Linda Draz, NRH Library Adult Services Supervisor, the Award of Excellence for the Library's assistance to SCORE. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A) AWARD BID FOR ANNUAL CONTRACT TO PRINT VARIOUS CITY NEWSLETTERS AND BROCHURES - RESOLUTION NO. 2001-074 (Annual Contract to print the City Newsletter to Printing Arts, NRH News and Notes to Print Central and NRH Up close and Time of Your Life Brochure to Global Group & Authorizing City Manager to Execute the Contracts) Mayor Pro Tem Mitchell moved, seconded by Councilman Trevino, to approve the Consent Agenda. Motion to approve carried 7-0. 7. PS 2001-42 CONSIDERATION OF A REQUEST BY MICHAEL CLARK OF WINKELMANN & ASSOCIATES, INC. FOR THE APPROVAL OF THE FINAL PLAT OF DAVIS TOWNE CROSSING ADDITION FOR A PROPOSED SUPER TARGET STORE AND RELATED RETAIL USES (LOCATED AT THE INTERSECTION OF DAVIS BOULEVARD AND PRECINCT LINE ROAD) **APPROVED Mr. Michael Clark, Winkelmann & Associates, presented the proposed final plat of Davis Towne Crossing Addition which would include a proposed Super Target along with other retail. Mr. Clark advised the plat complied with the zoning and subdivision ordinances with two exceptions. Variances are being requested for three detention ponds on the site and a variance from the minimum 500-foot driveway spacing requirement. Mr. Winkelmann explained the request for the driveway spacing. Mr. Winkelmann requested approval of the plat along with the two requested variances. City Council Minutes December 17, 2001 Page 3 Mr. John Pitstick, Director of Development, addressed the request as it relates to city ordinances and regulations. The Planning and Zoning Commission recommended approval of the proposed plat subject to staff and engineering comments on November 20, 2001. Staff is additionally recommending that truck traffic be restricted from an entrance and exit on Davis Boulevard as it is restricted for the adjacent Wal-Mart and that the requested variance from the 500-foot driveway entrances be allowed only if adequate designs are provided to prohibit major truck traffic access from Davis Boulevard. There was discussion and questions from the Council regarding right-in and right-out access to Precinct Line Road and Davis Boulevard and the design of the right-in/right- out. Several of the Council questioned the amount of impact the additional traffic would have on Shady Grove and the surrounding area. Concern was also expressed on any possible impact the proposed signal light to Davis would have to Shady Grove. The Mayor suggested that Target work with Wal-Mart to obtain cross-access with the Wal-Mart property. Mr. Clark advised that he could not make a commitment on the connectivity to Wal- Mart, but they were willing to work with Wal-Mart. The Public Works Director addressed Council's concerns regarding the additional traffic and the potential impact of the proposed signal light to Shady Grove Road and the surrounding area. Mr. Curtis reviewed with Council the level of service before improvements, after improvements to North Tarrant Parkway and Wal-Mart and after improvements associated with Target to the intersections at North Tarrant and Davis, North Tarrant and Precinct, Shady Grove and Davis and Shady Grove and Precinct. Mr. Curtis explained how the Super Target and the proposed traffic light would not significantly impact the level of service to the major intersections. Council asked Brian Shamburger and Brad Tribble, Kimley-Horn and Associates, to address Shady Grove traffic impact concerns and the traffic benefits of connectivity between the Wal-Mart and Target properties. Councilman Trevino moved, seconded by Councilman Tolbert, to deny PS 2001- 42. Councilman Trevino advised he did not feel the infrastructure was in place at this time. Councilman Trevino expressed concerns with the driveway spacings and detention ponds. Motion to deny failed 3-4; Mayor Pro Tern Mitchell, Councilmen Tolbert and Trevino voting for approval and Councilwoman Johnson, Councilmen Welch, Metts and Whitson voting against. City Council Minutes December 17, 2001 Page 4 Councilman Metts moved, seconded by Councilwoman Johnson, to approve PS 2001-42 as recommended by the Planning & Zoning Commission and Staff. There was additional discussion on the detention ponds. Councilman Whitson requested an amendment to the motion that the applicant resolves the drainage issue other than having onsite detention ponds. Mr. Curtis addressed some of the possible options to resolve the drainage issue. Mr. Clark was not in favor of other options and felt the detention ponds as requested was the best option. Councilman Trevino reminded Council of their discussion in Pre-Council to ask the developer to meet with the surrounding neighborhoods to inform the residents of Target's plans for the property. After Council discussion, Councilwoman Johnson advised as the second to the motion, she would not accept the amendment. Councilman Metts advised as maker of the motion he would not accept the amendment. Mayor Pro Tem Mitchell asked for an amendment to the motion for right out exits on all exits (two exits). Mayor Pro Tem Mitchell clarified his amendment would include that the exit onto Davis Boulevard would be a right out if no signal light is installed at that location. If the signal light is approved, the plan as presented on Davis Boulevard is acceptable. The middle exit to Precinct Line Road would be a right-out exit. Mr. Clark was not agreeable to the restrictions. Councilman Metts did not accept the amendment. City Attorney advised if amendment to the motion was accepted, the motion would probably be invalid. City Attorney advised that imposing to the motion a right out when there is no rule requiring a right-out, makes the motion subject to being void. Motion on floor failed 3-4; Councilmen Welch, and Metts and Councilwoman Johnson voting for and Councilmen Whitson, Trevino and Tolbert and Mayor Pro Tem Mitchell voting against. **Note: Attorney Rex McEntire issued a legal opinion the following day on the Council's votes to the two motions. The legal opinion was concurred with by the City's new attorney, George Staples. The legal opinion stated that the Council did not take action on the plat and that the plat is still alive. If the Council does not act to approve or disapprove the plat within the 3D-day period, the plat will be automatically approved by operation of law. The plat will be automatically approved on December 20, 2001. The operation of law referenced by the Attorneys is pursuant to the Local Government City Council Minutes December 17, 2001 Page 5 Code, Section 212.009(b). The plat was subsequently approved on December 20,2001 under the 30-day rule. 8. GN 2001-118 CONSIDER ADOPTION OF 2000 INTERNATIONAL RESIDENTIAL CODE - ORDINANCE NO. 2590 APPROVED Mr. Pitstick presented the proposed ordinance. Recent state legislature requires mandatory adoption for the 2000 International Residential Code by January 1,2002. The Technical Review Committee approved the North Texas Council of Government amendments to the International Residential Code and is recommending adoption of the code. Mr. Mark Alexander, Chair of the Technical Review Committee, was present to answer questions from Council. Councilwoman Johnson moved, seconded by Councilman Trevino, to approve GN 2001-118, Ordinance No. 2590 adopting the 2000 International Residential Code. Motion to approve carried 7-0. 9. GN 2001-119 CONSIDER ADOPTION OF THE 1999 NATIONAL ELECTRICAL CODE - ORDINANCE NO. 2591 APPROVED Mr. Pitstick presented the proposed ordinance adopting the 1999 National Electrical Code. The code is an update from the 1996 version. Council was advised it has been redesigned in format and some code reference numbers have changed. The overall content is the same. Council was advised that the code requires Arc-Fault Circuit Interrupters. The Technical Review Committee is recommending to delay the enforcement of this requirement until the next adopted electrical code due to the lack of availability of the breakers and the cost. The Technical Review Committee is recommending adoption of Ordinance No. 2591. Mayor Pro Tem Mitchell moved, seconded by Councilman Metts, to approve GN 2001- 119, Ordinance No. 2591, adopting the 1999 National Electrical Code. Motion to approve carried 7-0. City Council Minutes December 17, 2001 Page 6 10. GN 2001-120 CONSIDER ADOPTION OF 2002 NRH SUPPLEMENTAL DEVELOPMENT CODE- ORDINANCE NO. 2592 APPROVED Mr. Pitstick presented the proposed code. The Technical Review Committee is recommending adoption of the 2002 NRH Supplemental Development Code, Ordinance No. 2592. Councilwoman Johnson moved, seconded by Mayor Pro Tem Mitchell, to approve GN 2001-120, Ordinance No. 2592 adopting the 2002 NRH Supplemental Development Code. Motion to approve carried 7-0. 11. GN 2001-121 CONSIDER ADOPTION OF 2002 BUILDING & DEVELOPMENT FEE SCHEDULE - ORDINANCE NO. 2593 APPROVED Mr. Pitstick presented the proposed ordinance adopting the fee schedule. The Technical Review Committee is recommending adoption of the 2002 Fee Schedule, Ordinance No. 2593. Councilman Tolbert moved, seconded by Mayor Pro Tem Mitchell, to approve GN 2001-121, Ordinance No. 2593. Motion to approve carried 7-0. 12. GN 2001-122 APPROVAL OF COMPENSATION PLAN MARKET ADJUSTMENT APPROVED Mr. Patrick Hillis, Human Resources Director, gave a brief summary of the resolution adopted in 1996 requiring a formal market survey be performed in the fall of each year with any necessary adjustments to the compensation system made in January of the City Council Minutes December 17, 2001 Page 7 following year. Mr. Hillis advised that after the market analysis, the recommendation to Council is to approve a 3.66% market adjustment. Councilman Metts moved, seconded by Councilwoman Johnson, to approve GN 2001- 122, approving a 3.66% market adjustment increase to all full-time pay plans effective the first payroll period beginning January 2002. Motion to approve carried 7-0. 13. GN 2001-123 INTERLOCAL AGREEMENT WITH THE CITY OF HURST FOR TRAFFIC SIGNAL SYNCHRONIZATION AND MONUMENT SIGN _ RESOLUTION NO. 2001-073 APPROVED Mr. Vick briefed the Council on the City's request to the City of Hurst for an agreement to install a monument sign at the east end of Glenview Drive near 820. The City of Hurst requested that North Richland Hills'consider an agreement that would allow a monument sign to be placed on the median and also allow North Richland Hills and Hurst to synchronize all the signals on Precinct Line Road, including two that are currently operated by North Richland Hills at Martin and Mid Cities. The agreement before Council contains various requirements for the management of the synchronization of the project and the signals including all maintenance and operation of the facilities by the City of Hurst, including the Opticom System and is contingent upon receiving any required approvals from TxDOT for the entry sign. Councilwoman Johnson moved, seconded by Councilman Trevino, to approve GN 2001-123, approving Resolution No. 2001-073 authorizing City Manager to execute the interlocal agreement with the City of Hurst. Motion to approve carried 7-0. 14. GN 2001-124 REGULATING THE USE OF SKATEBOARDS, ROLLER SKATES, ROLLERBLADES AND BICYCLES IN PROHIBITED PUBLIC AREAS - ORDINANCE NO. 2587 APPROVED Mr. Steve Brown, Library Director, presented the proposed ordinance giving the City the authority to prohibit skating, skateboarding or cycling in designated areas of public property. City Council Minutes December 17, 2001 Page 8 Councilman Trevino moved, seconded by Councilman Metts, to approve GN 2001-124, Ordinance No. 2587. Motion to approve carried 7-0. 15. GN 2001-125 CONSIDER APPROVAL OF CONTRACT WITH TAYLOR, OLSEN, ADKINS, SRALLA AND ELAM, LLP FOR LEGAL SERVICES APPROVED Councilman Tolbert moved, seconded by Councilman Trevino, to approve GN 2001- 125, approving the contract with TOASE for legal services. Motion to approve carried 7-0. 16. GN 2001-126 CONSIDER AMENDMENT TO ORIGINAL TAX INCENTIVE AGREEMENT WITH NORTH HILLS MALL FOR EXPANDING INITIAL LEASE UP PERIOD AND OCCUPANCY FAILURE DA TE TO JANUARY 1, 2004 APPROVED Mr. John Pitstick, Director of Development, briefed the Council on the reason for amending the original tax incentive agreement with North Hills Creek Mall, LLP. The only changes to be made to the original agreement from the August 16, 2000 approval are on page 3, Initial Lease-Up Period and Occupancy Failure. Underneath these subheadings, the year has been changed from 2003 to 2004. Mr. Steven King and Mr. Burk Collins, representing North Hills Creek Mall, LLP, were present to address any questions from the Council. Councilman Tolbert moved, seconded by Councilman Metts, to approve GN 2001-126, amending original Tax Incentive Agreement with North Hills Mall for expanding initial lease-up period and occupancy failure date to January 1, 2004. Motion to approve carried 7-0. 17. CITIZENS PRESENTATION None. City Council Minutes December 17,2001 Page 9 INFORMATION & REPORTS Announcements: · City Offices closed for Christmas Holiday - December 25,2001 · City Offices closed for New Year Holiday - January 1,2002 · Recycle Christmas Trees at NRH Fire Administration Building - December 27 - January 7. 18. ADJOURNMENT Mayor Scoma adjourned the meeting at 9:38 pm. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS I 'II Department: Administration Council Meeting Date: 01/14/02 Subject: Ordinance ReQuirino Reoistration of Local Retail Electric Agenda Number: GN 2002-001 Providers - Ordinance No. 2595 In 1999 Texas adopted deregulation of electricity, effective January 1, 2002. Part of that legislation included the ability of cities to require retail electric providers (REP's) to register with all cities in which they have customers. Cities also have the ability to suspend a REP's ability to do business in its community based on poor customer service relations as specified in the state legislation. The attached ordinance requires that all REP's in North RichJ2nd Hills register in accordance with requirements set forth in the ordinance. The benefit to a city for this registration is that it will allow cities to have information on the REP's doing business in their city in the event the city government receives customer's complaints. This would allow us to deal with customer complaints in a more efficient manner by having up-to-date information on file in the event complaints are received by the city from REP customers. This ordinance provides for this registration. The attached ordinance is being sent by CAPP to all of its member cities. RECOMMENDATION: To recommend adoption of Ordinance No. 2595 providing for requiring registration of retail electric providers in the City of North Richland Hills. Source of Funds: Bonds (GO/Rev.) Operating Budget ~- J (L~ ~ent Head Signature Finance Review Account Number Sufficient Funds AvallaCle Finance Director ~Y~e Page 1 of " . ._-~_.~-"-~---~---~-- ORDINANCE NO. 2595 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, TO PROVIDE FOR THE REGISTRATION OF RETAIL ELECTRIC PROVIDERS, REQUIRING LOCAL REGISTRATION OF RETAIL ELECTRIC PROVIDERS PURSUANT TO SECTION 39.358 OF THE PUBLIC UTILITY REGULATORY ACT; PROVIDING FOR A REGISTRATION FEE; PROVIDING FOR THE SUSPENSION OR REVOCATION OF REGISTRATION FOR NONCOMPLIANCE WITH THIS ORDINANCE OR CHAPTER 39 OF THE PUBLIC UTILITY REGULATORY ACT; AND PROVIDING A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, in the 76th Legislative Session, the Texas Legislature adopted Senate Bill 7 and thereby set in motion electric deregulation, and the competitive retail electricity market is scheduled to open in Texas on January 1, 2002; and WHEREAS, under the provisions of Senate Bill 7 and the rules of the Public Utility Commission of Texas ("PUC") adopted to implement Senate Bill 7, customers will deal directly with a retail electric provider ("REP") in order to obtain electricity for their premises and accounts; and WHEREAS, Section 39.358 of the Public Utility Regulatory Act specifically provides for local registration of REPs, as well as the assessment of a reasonable administrative fee for such registration; and WHEREAS, Section 39.358 of the Public Utility Regulatory Act further provides for the suspension or revocation of a REP's registration and operation within a City for significant violations of Chapter 39 of the Public Utility Regulatory Act or the rules adopted by the PUC to implement Senate Bill 7; and WHEREAS, registration will facilitate the City of North Richland Hills having accurate information concerning each REP that will be serving North Richland Hills' residents and businesses in the event that North Richland Hills' customers experience problems with a REP; and WHEREAS, the City Council of the City of North Richland Hills, Texas, hereby finds that REPs should be registered by the City of North Richland Hills and that an initial administrative fee of $25 should be charged for each REP registration and that similar fees should be assessed annually; and WHEREAS, the City Council also finds it in the best interest of the City of North Richland Hills and its citizens to allow the city to monitor REPs to ensure compliance with PUC certification and timely resolution of customer complaints; and W~~_ ·._'~'~~'---~~'-------~-~'__'-___H". WHEREAS, the City Council finds that the REP serving as electric provider for the City of North Richland Hills' electric accoúnfs should be exempt from registration requirements unless that REP is serving end use customers within municipal limits other than the city and that the REP serving the city should be exempt from the registration fee; and WHEREAS, the City Council further finds that a REP should be permitted to appeal to the City Council the decision of the City Manager to revoke registration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: Section 1. Reqistration, Fees. Annual Renewal. (a) Reoistration. No retail electric provider, without first registering with the city and then paying the registration fee required by this section, may serve residents of the city. (b) Form. Registration under this section shall be submitted on a form provided by the City of North Richland Hills. The registration shall be accompanied by any additional documents required therein or in rules issued by the City Manager. These forms shall include, but not be limited to, the following: (1) The name and legal status of the registrant, including any affiliates who are required to register pursuant to this section; (2) The name, address and telephone number of an officer, agent or employee who will serve as the contact point for the registrant; (3) The name(s), address(es), and telephone number(s) of the individual(s) designated to receive, process, and resolve customer complaints. (c) Reoistration Fee. Each retail electric provider required to register under this section shall pay to the city an initial registration fee in the amount of $25. The subsequent annual registration fee shall be initially set at $20 but may be changed from time to time by the City Manager based upon the City Manager's assessment of the amount necessary to recover all of the city's costs incurred in processing the registration. Such fee and the registration form shall be submitted to the City Secretary's office. (d) Reoistration Fee Requirements. Each retail electric provider registered in the city shall pay an annual registration fee comprised of administrative costs as set forth in subsection (c) for maintenance of its registration. (1) The annual registration fee shall be paid to the city by January 31 of each year. Ordinance No. 2595 Page 2 of 6 (2) For good cause, the city may extend for not to exceed one month, the time for making payment. (3) No acceptance by the city of any payment hereunder shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of such payment be construed as a release of any claim the city may have for additional sums payable. (4) The payments hereunder are not a payment in lieu of any tax, fee or other assessment except as specifically provided in this section, or as required by applicable law. (5) Notwithstanding the foregoing, in the event a registrant that is obligated to pay a fee ceases to provide service for any reason, such registrant shall make a final payment of any amounts owed to the city within ninety (90) calendar days of the date its operations in the city cease. (e) Exemption. The REP serving as electric provider for the City of North Richland Hills' municipal electric needs is exempt from the filing requirement during the term of service unless that REP serves end users within municipal limits other than the city. The REP serving municipal accounts is exempt from the registration fee. Section 2. Monitorinq (a) The city may, in its discretion, monitor the registration and certification status of an REP. Monitoring may include: (1) Confirming with the PUC every six (6) months that certification is current; and (2) Referring all customer complaints to both the REP and the PUC. (b) All registered REPs must file a quarterly report regarding each complaint from a resident of North Richland Hills until resolution is achieved. Such report shall include: (1) the name and address of the complainant; (2) the date the complaint originated; (3) the nature of the complaint; (4) resolved matters; and (5) unresolved matters. Ordinance No. 2595 Page 3 of 6 Section 3. Penalties. (a) Any registrant who has not been granted an extension of time for remittance of a fee due and who fails to remit any fee imposed under subsection (d) of Section 1 prior to January 31 shall pay a penalty of $10. (b) Any registrant who has not been granted an extension of time for remittance of a fee due, and who fails to pay any delinquent remittance on or before a period of 30 days following the date on which the remittance first becomes delinquent shall pay a second delinquency penalty of $15 plus the amount of the fee and the amount of the penalty first imposed. (c) Any REP that remains delinquent in the payment of annual registration fees after March 31 shall be subject to having registration suspended. Section 4. Suspension and Revocation (a) The city may suspend or revoke a retail electric provider's registration and operation in the city for significant violations of PURA Chapter 39 or the rules of the Public Utility Commission of Texas adopted under that chapter, or for the retail electric provider's failure to comply with any provision of this section. (c) Significant violations include, but are not limited to, the following: (1) Providing false or misleading information to the PUC or the City of North Richland Hills; (2) Engaging in fraudulent, unfair, misleading, deceptive, or anti- competitive business practices or unlawful discrimination; (3) Switching, or causing to be switched, the retail electric provider for a customer without first obtaining the customer's permission; (4) Billing an unauthorized charge, or causing an unauthorized charge to be billed to a customer's retail electric service bill; (5) Failure to maintain continuous and reliable electric service to its customers pursuant to this section; (6) Failure to maintain the minimum level of financial resources as required by the PUC; (7) Bankruptcy, insolvency, or the inability to meet financial obligations on a reasonable and timely basis; (8) Failure to timely remit payment for invoiced charges to a transmission and distribution utility pursuant to the terms of the statewide standardized tariff adopted by the PUC; Ordinance No. 2595 Page 4 of 6 (9) Failure to observe any scheduling, operating, planning, reliability, and settlement policies, rules, guidelines, and procedures established by the independent system operator of the transmission grid; (10) A pattern of not responding to PUC or City of North Richland Hills inquiries or customer complaints in a timely fashion; (11) Suspension or revocation of a registration, certification, or license by any state or federal authority; (12) Conviction of a felony by the registrant or principal employed by the registrant, of any crime involving fraud, theft or deceit related to the registrant's service; (13) Not providing retail electric service to customers within 24 months of the certificate being granted by the PUC; (14) Failure to serve as a provider of last resort if required to do so by the PUC pursuant to PURA § 39.1 06(f); and (15) Failure, or a pattern of failures to meet the conditions of this ordinance or PUC rules or orders. (d) Initiation of Revocation Process. (1) Upon information and belief, the City Manager or a designated representative may give notice to a registrant that, based upon alleged or perceived violations of this ordinance, registration is to be revoked in not less than 30 days from the date the notice is deposited in the U.S. Mail. The registrant will have not less than 10 days from the date the notice is mailed to respond to the notice and show why revocation should not occur. (2) Notice. The notice letter shall specifically identify the alleged or perceived violations and indicate the scheduled date for revocation. (3) Not less than 7 days prior to the date scheduled for revocation, the City Manager or his designated representative will issue a written ruling that revokes the registration, dismisses the action or extends the process of review of registration according to an identified schedule. (4) Appeal. If registration is to be revoked, a registrant may file an appeal to the City Council with the City Manager. If the appeal is filed prior to the date scheduled for revocation, the action will be stayed for 30 days to provide an opportunity for the City Council to consider the appeal. If the Council agrees to entertain the appeal, the registrant may submit written materials to the Council prior to the Council's consideration of the matter in a noticed public hearing. However, oral presentations Ordinance No. 2595 Page 5 of 6 ".; _...._._.~-~.~---~ related to the appeal are a matter of Council discretion and not a matter of the REP's right. Section 5 Severability It is the intention of the City Council that this Ordinance, and every provision hereof, shall be considered severable, and the invalidity or unconstitutionality of any section, clause, provision or portion of this Ordinance shall not affect the validity or constitutionality of any other portion of this Ordinance. Section 6. Effective Date This Ordinance shall become effective upon its passage and publication as required by law. DULY PASSED AND APPROVED this the 14th day of January, 2002. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO CONTENT: Q~)(b Greg Vic, anaging Director of Community Services and Facilities APPROVED AS TO FORM AND LEGALITY: City Attorney Ordinance No. 2595 Page 6 of 6 LOCAL REGISTRATION FORM FOR RETAIL ELECTRIC PROVIDERS FOR THE PROVISION OF SERVICE IN THE CITY OF NORTH RICHLAND HILLS 1. Legal Name of the Applicant:: 2. Authorized representative to contact: Name: Title: Address: Telephone: Fax: E-mail Address: 3. Customer Complaint representative: Name: Title: Address: Telephone: Fax: E-mail Address: 4. Type of Legal Structure Individual _ Partnership Other _ Limited Liability Company _ Corporation 5. Affiliates. Provide, and label as "attachment 1," the name and relationship of each of the Registrant's affiliates and subsidiaries that may provide utility related services, such as telecommunications, electric, gas, water, or cable services, if any. 6. PUC Certification of REPs. Please provide and label as "attaè1'lment2,· the application form filed with the Public Utility Commission of Texas, or any other proof of certification with the Commission. Local Registration Form -\..., " '. . ;- CITY OF NORTH RICHLAND HILLS Department: Environmental Services Council Meeting Date: 01/14/02 Subject: Interlocal Aoreement with City of Keller for Animal Cremation Agenda Number: GN 2002-002 Services - Resolution No. 2002~002 The attached Resolution 2002'-002 authorizes the City Manager to sign an Interlocal Agreement for North Richland Hills Animal Services to provide animal cremation services to the City of Keller. This Interlocal Agreement was drawn up at the request of the City of Keller Police Department to provide a way for them to dispose of dead animals that they pick up on the streets as well as animals that they euthanize in their shelter. This request came about due to changes announced by the Humane Society of North Texas who has been providing housing and euthanasia and disposal services to the City of Keller and will no longer provide these services beginning in 2002. "'"" - The Interlocal Agreement provides for the following fees: · Cremation of animals euthanized by Keller Animal Control: $30 per animal o Estimated number of animals per month: 50 o Estimated monthly fees: $1500.00 ." ,0 Estimated annual fees: $18,000.00 · Cremation of dead animals picked up off the streets: $20.00 o Estimated number of animals per month: 1 0 o Estimated monthly fees: $200.00 o Estimated annual fees: $2400.00 The fee differential of $10 has been added to the cost of cremating animals euthanized by animal control due to the added wear and tear on our cremation unit. As you may be aware, every 6-7 years, we are required to replace the firebrick in the unit at a cost of approximately $6,000 - $7,000. We anticipate the additional load on the unit would step up the time frame for this firebrick replacement. It should be noted that since the unit was purchased and installed in 1992, we have done one replacement of the firebrick in 1999. Recommendation: To approve Resolution 2002-002 authorizing the City Manager to sign an Interlocal Agreement with the City of Keller for Animal Cremation Services. Finance Review Source of Funds: Bonds (GO/Rev.) \,' Operating Budget =_.A' '\ Other _ ~ ~~ Department ~d Signature Account Number Sufficient Funds AvallaOle Finance Director Page 1 of Resolution No. 2002-002 Be it resolved by the City Council of the City of North Richland Hills, Texas that: The City Manager is fully authorized to execute the attached Interlocal Agreement dealing with providing crematory services to the animals furnished by the City of Keller, as the act and deed of the City. PASSED AND APPROVED this 14TH day of January 2002. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney '---------- .~,~ STATE OF TEXAS 3 3 INTERLOCALAGREEMENT 3 COUNTY OF TARRANT 3 Pursuant to the authority granted in chapter 791 of the Texas Local Government code, this document shall constitute an Interloca/ Agreement with each local government agency accepting its term. 1. The City of North Richland Hills is the owner of a Municipal Crematorium for animals and the City of Keller does not posses such a facility. 2. The City of Keller is in need of a means for disposing of dead animals picked up off the streets and for of animals euthanized by Keller Animal Control. 3. The parties have agreed that the North Richland Hills Animal Shelter will provide crematorium services on animals brought to the City of North Richland Hills by the animal control department of the City of Keller for the following consideration: A. Cremation of animals euthanized by Keller Animal Control, $30 per animal. B. Cremation of dead animals picked up off the streets, $20 per animal. 4. The City of North Rich/and Hills will bill The City of Keller for the services rendered pursuant to this agreement on a quarterly basis and the City of Keller will remit payment in full to the City of North Richland Hills, C/O Animal Control Shelter, 7200-B Dick Fisher Dr. South, North Richland Hills, TX 76180 within 30 days from receipt of each bill. This contract may be terminated by either party by giving the other party 60 days notice. Signed this _ day of ,200_. City of North Richland Hills by: City Manager City of Keller by: City Manager ;¡. CITY OF NORTH RICHLAND HILLS Department: Public Works CounCil Meeting Date: 1-14-02 Subject: Approve Citv-Developer Aqreement for CIP Water Agenda Number: PW 2002-001 and Sewer System Improvements with B.H.&L. Joint Venture for Water and Sewer Lines located in Forest Glenn East, . Phase I - Resolution No. 2002-001 B.H. & L. Joint Venture, John Barfield, Trustee (Developer) is r~ady to install the water and sewer lines which will serve portions of Forest Glenn East, Pha$e I. The proposed water and sewer lines are included in the Water and Wastewater Imp$ct Fee Study dated July 31, 1997 by Knowlton-English-Flowers, Inc. The 8" water lines are identified as 8218, 8219,8856 and 8922. The 10" water lines are identified as 8216, 8222, 8223, 8242 and 8922. The 8" sewer line~ are identified as LB-1.1 and LB-1.2. These improvements as outlined in the study are eligible for reirobursement based on a maximum total cost of up to $278,673.45 for water and $101,211.00 for sewer. Using the appropriate percentages and the actual bid amounts, the reimb4rsement calculates to a maximum amount of $134,212.24 for water and $87,665.40 for sewer, for a total amount of $221,877.64. Upon Council's approval of this agreement and in accordance with the Impact Fee Ordinance No. 2241, the Developer will receive the reimbursement upon completion and acceptance of the improvements. The final reimbursement amolJnt will not exceed $134,212.24 for water and $87,665.40 for sewer. Sufficient funds are available for the reimbursements. Recommendation: To pass Resolution No. 2002-001. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ I Other ~ tJd:k ~b.t; epartment Head Signature Account Number 401-0000-462.10-00 Sufficient Funds AvallaDle 4Ul-UUUU-4ö;¿.;¿U-UU nance Director Page 101_ RESOLUTION NO. 2002-001 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager be, and is hereby, authorized to execute the attached City- Developer Agreement with B.H.&L. Joint Venture concerning impact fee reimbursement for water and sewer main construction to serve Forest Glenn East, Phase I as the act and deed of the City of North Richland Hills, Texas. PASSED AND APPROVED this the 14th day of January, 2002. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney APPROVED AS TO CONTENT: " CITY OF NORTH RlCHLAND HILLS, TEXAS CITY DEVELOPER AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS THE COUNTY OF TARRANT: That B. H. & L. Joint Venture, John W. Barfield, Trustee, of the County of Tarrant, State of Texas, hereinafter called "Developer" and the City of North Richland Hills, Tarrant County, State of Texas, hereinafter called "City", enter into the following contract: In consideration of the mutual covenants herein contained and for the purpose of providing water and sewer system improvements as indicated in the construction documents titled "Forest Glenn East Phase I Addition" the Developer and the City hereto agree: I. The Developer has paid to the City all processing fees and has furnished the necessary permits, easements, and right-of-way as required for the construction of the above referenced facilities. In addition, the developer has delivered construction plans, specifications and all other necessary contract documents prepared by a registered professional engineer, and will also furnish construction surveying, cut sheets and field adjustments. 2. The Developer has entered into a contract with the Contractor who will perfonn the work and who will be paid by the Developer as specified in the construction contract documents. Monthly pay estimates shall be subject to City's review. 3. The Developer agrees to provide, at no cost to the City, all testing necessary to insure that the construction is in accordance with the project specifications and the City standards. 4. The Developer understands and agrees that he has no authority to cancel, alter or amend the tenns of the construction contract without specific written authority of the City, and that he shall be responsible for paying the costs of any cancellations, addition, alterations or amendments to the contract unless specifically provided otherwise by written authorization from the City. 5. The Contractor has provided to the City on City fonns, maintenance bonds in the amount of twenty (20%) percent of the contract price. 6. The City agrees to participate in the cost of the facilities after construction is complete and accepted. The description and amount of participation is as follows: In accordance with Ordinance No. 2241, the Water and Wastewater Impact Fee Ordinance, the City will reimburse the Developer the eligible impact fee funds for the proposed improvements. The City shall only reimburse the Developer the amount agreed upon below, after construction of the improvements is complete and accepted by the City. If the actual amount paid to the Contractor is less than the bid amount, the City participation will be reduced accordingly. Forest Glenn East Phase I Page 1 of4 WATER AND W ASTEW ATER IMPACT FEE STUDY : bated July 31, 1997; FACILITIES WATER 10" Water lines: 8216,8222,8223,8242, & 8922 - North Tarrant Parkway, Valley Oaks Drive, Glenmont Drive, Spence Drive, Shadywood Lane, Westwind Lane and Forest Glenn Drive 8" Water lines: 8218,8219,8856, & 8927 Valley Oaks Drive, Channel Crossing, Vinewood Drive, Park Brook Drive, and Shadywood Lane SEWER Eligible Amount Eligible Percent Bid Amount Participation $159,818.45 73.38% $114,402.75 $83,948.74 $118,855.00 73.38% $68,497.55 $50,263.50 8" Sewer line: $101,211.00 86.18% LB-1.1 & LB-1.2 Shadywood Lane, Vinewood Drive, Park Brook Drive, and Cross North Tarrant Parkway $101,723.60 $87,665.40 Total $379,884.45 $284,623.90 $221,877.64 Total Max. Reimbursement $221.877.64 7. The City will provide the inspection as required and upon satisfactory completion of the wor~ the City will accept ownership and operation of the system subject to the tenns of the maintenance bonds. 8. The Developer further covenants and agrees to, and by these present does hereby, fully indemnify, hold hannless the City, its officers, agents, and employees from all suites, actions, or claims of any character, whether real or asserted, brought for or on account of any injuries or Forest Glenn East Phase I Page 2 of4 ;.damages sustained by any persons (including death) or to any property, resulting ITom or in ;'connection with the construction, design, performance or completion of any work to be -performed by said developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said developer, his contractor, subcontractors, officers, agents, or employees, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of North Richland Hills, its officers, agents, servants, employees, contractors or subcontractors. 9. Upon completion of the work, good and sufficient title to all facilities constructed warranted fÌ'ee of any liens or encumbrances is here by vested in the City of North Richland Hills. 10. Special provisions: NONE IN WITNESS WHEREOF, the parties to these present have executed th; ~ntract in four (4) c unterparts, each of which shall be deemed an original on this the day of , 2002. STATE OF TEXAS: COUNTY OF TARRANT: This instrument was acknowledged before me on W. Barfield, Trustee, B. H. & L. Joint Venture. }-¡-oa- by John Commission Expires: e SANDRA ROBERTS Notary Public, State 01 Texas My Commisaion Expires 10·28·2005 ø~~~~ Notary Public Signature Notary Public Printed Name Forest Glenn East Phase I Page 3 of4 .' .. CITY OF NORTH RICHLAND HILLS " ., Larry J. 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S!! a: ° ... ~ oz- t", fy¡. y,- CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Coun¢il Meeting Date: 1/14/02 Subject: Consider the request from Christian Brothers Automotive Agenda Number: PS 2001-47 On behalf of the property owner, William Pruitt, to approve the Final Plat of Lot 1, Block 1, Rufe Snow Center Addition located in the 7800 block of R~e Snow Drive. (1.23 acres) CASE SUMMARV: Christian Brothers Automotive, on behalf of the property 'owner, William Pruitt has submitted a Final Plat of Lot 1, Block 1, Rufe Snow Center Acfdition. The purpose of this request is to plat the location of the recently approved Sp.$Cial Use permit (SUP) for Christian Brothers Automotive Repair facility. The Development Review Committee has reviewed the pl.t for compliance with the Subdivision Rules and Regulations. The plat complies with both the Zoning Ordinance and the Subdivision Ordinance. Attached is a memo from the Public Works Department with comments concerning this plat. Also attached is a response to these comments from the applicant's engineer. Current Zoning: C-1 Retail with a Special Use Permit (SUP) ~pproved for an automotive repair facility by the City Council on November 26th. Comprehensive Plan: The Plan indicates retail uses for the site. The proposed use is ',,-" consistent with the Plan. Right Of Way: No additional right of way dedication is required! by this plat. Ingress/egress to Rufe Snow Drive will be via a mutual access point south of this lot. A mutual access easement is attached (Exhibit "A") which will be filed as a sep$rate instrument along with this plat. Utilities: No issues concerning the extension of utilities to the $ite have been identified by staff. Flood or Drainage: No issues concerning drainage or flooding have been identified by staff. Traffic/Access: No issues concerning traffic have been identified by staff. Finance Review ~~ Source of Funds: Bonds (GO/Rev.) Operating Budget Other. 1ØJ ._.-Y0~~ Department. Head Signature Accòunt Number Sufficient Funds A valláble Finance Director ~i~ PS 2001-47 Rufe Snow Center CC Page 1 of 2 f , CITY OF NORTH RICHLAND HILLS Tree Preservation: .The site does not exhibit any mature trees. '--.. Parkland Dedication Fee: A Park Dedication Fee will be required. RECOMMENDATION: The Planning and Zoning Commission at their meeting on December 13, 2001, recommended approval of PS 2001-47 subject to staff and engineering comments by a vote of 5-0-1. To approve PS 2001-47 a Final Plat of Lot 1, Block 1, RuføSnow Center Addition as recommended by the Planning and Zoning Commission. . \.... . CITY COUNCIL ACTlON/TEM PS 2001-47 Rufe Snow CenterCC Page 2 of 2 ·-. . e.,j.JI..J "'=' I City of Keller:~3fDAc , TR lAlA .Ø32 AC 1A KELU R : TR. 1 A 1 2.91 AC cD <r ; C\ ~r\Ot1\AS ONCt.'{ SP~Up\J~gg 0-1 ~--\ TR.IA5 7.86 8) , N ¡ 4 3 2 10 q 8 7 6 5 3 , .779 @ ,.-, ___________11jJ____..:.::____..2.North Tarrant Parkway ______ 6800 _._.--_._._-_._._-_._.~-_.-._-_._._-_.-._-_._._-_._._--.-.-.-.-.-.-.-.-.-.- TY IMITS 19 €.~ 67ØØ 18 1AlA 01 TH RICHL ,=,1"nÄ~31 TR lA2A Ra~AJt' ~1 ~ . 11~ TR. 1A TR.1A2 ~ 1.3 AC 3.02 AC 40 3q 38 37 36 35 34 33 32 31 3ri1 2C! 28 ..,..., 5588 ~'lJ. 7 6 5 ~'lJ. ~ 2 o(~'l> o C;~~ 11 12 13 1 4 15 8 16 a: o 66ØB UJ W ~ WILLOW VIEW OR C! 8 7 6 5 4 3 2 :L 1ri1 11 12 13 14 15 16 17 æ IS> CI:I 18 MOSS LN 6688 q 8 7 6 5 4 3 2 1 7 Ir- f'-I 10 11 12 13 14 15 16 17 18 56BØ REDBUO OR _I ~I ¡;;i ¡:;I 41 312\ r _ ~ TR.IA7 22.7178 aI ,-- TR. 3A 4.9 AC PS 2001-47 Final Plat Lot 1, Block 1 Rufe Snow Center Addition I . _J Q) > .- ... C ~ o s:: en Q) 'to- ~ ðO::: 8 - I~ ! D~æn !lGIt'I ~ 1 ~ 8 q ~ U 671JØ 17 18 1C! 2Ø 1 2 3 4 5 6 7 8 9 10 1 1 12 01 I ..I. 24 23 22 21 20 19 18 17 16 15 14 - 6788 I 1 2 1:.1 4 I 5 617~~ NRH DtiOI:C jiVe s ,Adn:ìnIS~í,~_-it;\)n CITy \JF \:ORTH FrCELAND HILLS December 7,2001 MEMO TO: Dave Green, Planner FROM: Mike Curtis, Public Works Director SUBJECT: RUFE SNOW CENTER ADDITION; Block 1, Lot 1 Final Plat Public Works has reviewed the plat submitted on December 3,2001. We offer the following comments. 1. GPS Coordinates - State Plane Coordinates (Texas NAD83) will need to be provided for at least two property corners. 2. Offsite Sanitary Sewer Easement - An offsite sanitary sewer easement is required for this development. The offsite easement documents (metes & bounds and exhibit) will need to be provided to the Public Works Department. '{\ ~ Jû Œtvl~ RMC/smm/pwm2001-178 ,- r'- J )3,'=<S'.,~J)i~(,tl:, '" \j(; ~ '¡ :-11 :Rxa * 7hî82-0ßO;) -'(I' ~I(:"" ,:32:) * HI7~12--,ì":OC ·~f\X 817·427~h4U- . ~~:,::r; "~.;~~...'~:.o.\ . 'W''R.J CH ENGINEERJNG. INC. CONSUL 77NG €'NGINE'E'RS December 7, 2001 Dave Green CITY OF NORTH RICHLAND·HILLS P.O. Box 820609 North Richlimd Hills, Texas 76180 REF: FINAL PLAT SUBMITTAL FOR RUFE SNOW CENTER ADDITION, LOTS 1, BLOCK 1 Mr. Green: In response to your letter dated, December 7,2001, we'have addressed those concerns with the following comments: 1. GPS Coordinates: State Plan Coordinates will be added to the final plat for at least two comers. 2. An off-site sanitary sewer easement will be prepared per city standards and submitted to Public Works. The above mentioned will be completed and submitted by Grant Engineering prior to being schedtùed for the January 2002 Council meeting. If you have any questions, please contact me. Thank you for your assistance on this project. Sincerely, WELCH ENGINEERING, INC. ~d(' Timothy 1. W dch, P .E. cc: CBAC- Lewis Ten Have Grant Engineering Jack Pruitt c:\ WEI\Jub\200 14 7\200 147 _t1nal]lat_ commenli_12-7-0 I. wpd 4109 Cagle Drive, Suite D· North Richland Hills, rx 76180· 817-284-1175 · Fax 8J7-589-0990. Metro 817-589·2900 C;~~Vd tis: t t (I~j) tooc: "1..0 ·na PS 2001- 47 CONSIDERATION OF A REQUEST BV CHRISTIAN BROTHERS AUTOMOTIVE ON BEHALF OF THE PROPERTY OWNER, WILLIAM PRUITT, FOR THE APPROVAL OF THE FINAL PLAT OF LOT 1, BLOCK 1, RUFE SNOW CENTER ADDITION LOCATED IN THE 7800 BLOCK OF RUFE SNOW DRIVE. APPROVED Zoning Administrator Cathy Horton summarized the case by stating that Christian Brothers Automotive has submitted a Final Plat for the purpose of platting the location of the recently approved Special Use permit for their repair facility. The Development Review Committee has reviewed the plat for compliance with the Subdivision Rules and Regulations. The plat complies with both the Zoning Ordinance and the Subdivision Ordinance and Comprehensive plan. Staff recommended approval of the final plat subject to meeting Public Works comments. Doug Blue, seconded by Scott Turnage, motioned to approve PS 2001-47. The motion carried (5-0-1) with Tim Welch abstaining from the vote. EXHBff -A- S I"e- SPIRIT" '"CitES 1,.&41 P ,S34 ~ Q \.. ~ ?:.4t '. 'c . T : \ 550.SO' N 8752'13- E "tP ~ ~ \ \ H _LA W N\~ RAe Etf-'\ \Z- ~~ \ \0 \~ ~ ~ 1'10 ~"" at'" '?A"'~ ....~..,. ~ . 'So. CS'~ '- t.) ~ ~ '- '- to) 5" E '4 E c· st~\"GE.R 8.556 "C '401...93,6, p. 297 I) . R ." . c . ,. . POINT 0 F BEG/NNI N 8T52'13. E NG / /_' 58.30' ~ ,~W~~ ~ /~ // ,~.; './ V/'" ~ v:W~~·~· />/~~.. ~ . ~ &/ ~ "'^' 5f!J·uv 4.1 '- ~ Q: t.) Q' ~ HIG T E R ." \'0 a ... 0) - ('to,¡ . I.u It) e" It) : FOSiER '4 \ I..I.."GE sECiIO" \6 368-\30. ~ 0 1... p. 9 7 ( . It. i . C ." . ~ .,,- o co CIS co L = 260.18' ð. - 13"4.]'38· ~ o -J <::I - ~ '- ~ o Q.. 40' SCAlE: 1- ~ = o 10 20 ~ 50 40' I 100 eo POINT OF COWMENC/NG 1..0" ;\I..I.."GE fOS~\~'" ,9 p- 27 388-\,8. vol..- !I.R.t.C.,.· Being a portion of a tract or parcel of land out of the TIiOMAS SPROUSE SURVEY, Abstract No. 1399. situated in Tarrant County. Texa.. and being a portlon at that certain 55.296 acre tract. being the second part at Tract 1 deecribed in that certain co-ownership ag....ment between ea.. Brathers Land, Inc. and Miller Properti.., Inc.. as recorded in Volume 6985, page 1-405. Deed Record. of Tarrant County. Texas, and thl. portion being more particularly described as tollo..: COMMENCING at a set 1/2- steel rod in the easteriy right-of-way line of Rute Snow Drive a. described in the RIght-of-Way Deed to the City at North Rfctlland Hills, recorded in Volume 14138, Page 205 at the Deed Record. of Tarrant County. Texas, sold point being North 89"32'13- West 15.86 feet from a found 1/2- steel rod at the northwest comer at Lot .... Block 92. Foster Village, Section 19. an Addition to the City of North Rlchland Hills, Tarrant County, Texas, accord'ng to the plat recorded in Volume 388-198, Page 27, Plat Records, Tarrant County, Texas; TIiENCE along said easterly right-of-way fine at Rute Snow Drive, along a curve to the left having a radius of 1085.96 feet, an arc distance at 260.18 feet (long chord North 15'08'13- West, 259.56 feet) to a 1/2- iron rod at the Paint of Beginning¡ TIiENCE North 87'52' 1 3- East, 58.30 feet to a point at the beginning at a curve to the right whoae radius point bears South 68"59'40- West, 1 140.96 feet: TIiENCE southeasterly along soid curve to the right an arc distance of 25.94 feet (long chord South 20'21 '15 - East. 25.94 feet) to a point; TIiENCE South 87'52'13- West, 55.00 feet to a point in the east right-at-way line of sold Rute Snow Drive¡ TIiENCE northwesterly along said easteriy right-at-way line at Rut. Snow Drive, .043.55 feet to the Point of Beginning and contoining 1910 square feet of land, more or I.... ---~-"'--' -. --..------..-.-.-----.----------... -, ". ,,-->..~:"'-_.,"- .... ';e CITY OF NORTH R/CHLAND H/LLS .-..........-~- Department: Planning & Inspections Department Cou~il Meeting Date: 1/14/02 Subject: Consider the request from John and Tina Mahon, John Agenda Number: PS 2001-48 Stanley, and Ronni Bèll for the approval of the Final Plat of Lots 54R & 55R, Block 8, Windcrest Addition located at 7204 and 7208 Windcrest Court East. CASE SUMMARV: John and Tina Mahon, John Stanley and Ronni Bell have sub~itted a Final Plat of lots 54R and 55R, Block 8, Windcrest Addition for approval. The purp~se of this replat is to move the common lot line (between these lots) 5' west of the þurrent location. This will accommodate the desire of the owners of lot 54R to build a garage on the west side of the lot and still meet minimum side yard building setback requir~ments. The resulting lots meet all minimum lot standards required by the Zoning Ordinance. The Development Review Committee has reviewed the plat for compliance with the Subdivision Rules and regulations. Attached is a memo from t~e Public Works Department concerning this plat. The applicant's surveyor has revised the plat accordingly. "'-.." Current Zoning: Lot 55R is zoned R-2-1400. Lot 54R is ~oned R..,2-1600. The only difference between these zoning districts is the required minihlum house size, i.e. 1400 square feet vs 1600 square feet. Comprehensive Plan: The Plan indicates residential uses for 'the site. The existing uses are consistent with the Plan. Right Of Way: No additional right of way is required by this replat. Utilities: No issues concerning the extension of utilities to the site have been identified by staff. Flood or Drainage: No issues concerning drainage or floodi~g have been identified by staff. Traffic/Access: No issues concerning traffic have been identifiéd by staff. Tree Preservation: Both lots are developed with residential stn'¡ctures. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other - ~ --.Jot¿ ~ Department Head Signature Account Num~ Sufficient Fund~ A vallaðle "'---. . Finance Director ~c~ PS 2001-48 Windcrest Addn CCCC Page 1 of 2 CITY OF NORTH RICH LAND HILLS RECOMMENDATION: The Planning and Zoning Commission at their rheetin9 on December 13, 2001, recommended approval of PS 2001-47 subject to staff and engineering comments by a vote of 6-0. To approve PS 2001-48 a Final Plat of Lots 54R & 55R BI*k 8, Windcrest Addition as recommended by the Planning and Zoning Commission. ''-..- '-I CITY COUNCIL ACTION ITEM PS 2001-48 WindcrestAddn. CC Page 2 of 2 ----m:¿ z .5 AC <[ cr· a II 2 15 l' TR.2H 33 1.5 AC æ ~ 32 2 " , .... " .. I" .. STARNES neB STARNES RD 7288 z 6 .....J 2 3 4 5 6 7 8 9 rJ) 5 TR.2E <[ -.J 2.25 AC CJ 10 z :J 15 14 13 12 11 -.J 0 4 0 3 0 I!I GREENHILL TR 7røf1 .....J ~ .....J 3 " 0 I 6 >- 2 0 7 8 108 <[ 7 I 88 U) 8 WUODBENO PK ~ 72ØØ 9 ~ 14 56 57 TR.2C . ~ 10 1 AC 12 11 N 58 48 49 ~ ---- PS 2001-48 Final Plat Lot 54R & Lot 55R, Block 8 Wind crest Addition 'a ~ 601 1 16 ;::;: TRACT 6 TRACT 6 IAL-~ 7 15 6 TRACT 5 TRACT 5 14 PL 7see TR.4D 1 H TRACT 4 2.8 AC 13 '< 12 12 S 3 TRACT 3 0 , , TR.4E & 1 1 2.8 AC <SI TRACT 2 ;::;: 2 [\H 70Øf1 108 I n TRACT 1 I U PS 2001-48 CONSIDERA TION OF A REQUEST BV JOHN AND TINA MAHON, JOHN STANLEY AND RONNI BELL FOR THE APPROVAL OF THE FINAL PLA T OF LOTS 54R & 55R, BLOCK 8, WINDCREST ADDITION LOCATED AT 7204 AND 7208 WINDCREST COURT EAST. APPROVED Zoning Administrator Cathy Horton summarized the case stating that this property is zoned R-2-1400. Lot 54R is zoned R-2-1600. The difference between these zoning districts is the required minimum house size of 1400 square feet and 1600 square feet. Staff recommended approval of the final plat. Scott Turnage, seconded by James Laubacher, motioned to approve PS 2001- 48. The motion carried unanimously (6-0). CITY OF NORTH RICHLAND HILLS '- Department: Planning & I nspections Department Council Meeting Date: 1/14/02 Subject: Consider the request from Carter & Burgess, Inc. i Agenda Number: PS 2001-49 representing the property owner, Arcadia Land Partners 16 Ltd. to approve an Amended Plat of Lots 6R, 7R, & 8R, Block K, Lots 1 R & 2R, Block l, Lots 1 R, 2R, & 3R, Block M and Lots 1 R, 2R, 3R, 4R, 5R, 6R & 7R,Block N of the North Richland Hills Town Center Addition Phase I located in the 6000 block of Roaring Sp~ngs Drive and the 8200-8400 blocks of Bridge Street. CASE SUMMARY: Terry Mitchell of Carter & Burgess Inc.; on behalf of the propEj)rty owner, has submitted a Amended Plat of the North Richland Hills Town Center Addition Phase I. The purpose of this amended plat is to make minor corrections to lot dimensiQns for fifteen lots that were previously platted (2/16/01). The Development Review Committee has reviewed the pl$t for compliance with the Subdivision Rules and regulations. The plat complies with both the Zoning and Subdivision Ordinances. RECOMMENDATION: "-.. The Planning and Zoning Commission at their meeting! on December 13, 2001, recommended approval of PS 2001-49 subject to staff and engineering comments by a vote of 6-0. To approve PS 2001- 49 an Amended Plat of Lots 6R, 7R,¡& 8R, Block K, Lots 1R & 2R, Block L, Lots 1 R, 2R, & 3R, Block M and Lots 1 R, 2R, 3R, 4R, 5R, 6R, & 7R, Block N, North Richland Hills Town Center Addition, Phase 1 Adc¡lition as recommended by the Planning and Zoning Commission. Finance Review \ '-...-. Source of Funds: Bonds (GO/Rev.) g:;,e,:;"mg Budget _ ~ ~)Æ~ Department Head Signature Account Number Sufficient Funds A vailable Finance Director ~Ci~ PS 2001-49 NRH Town CenterCC Page 1 of 2 pa I r:;?. J, (ll.I I D~',£ ~ ~.__ 0 n ?r :::2 ì..~ T /, ¡.- \) ) R I IT!r : ~ I 1~~...:~:HAUGA í rr 1..1 If I I II I ~ ~"'" / I "" ì PmIDC " .tY . / " ~I= I Co ~ ,~ I h" ~, t= I ~~~ \ ~fÈ~ j ~/'-::tt""'-.." II h--- ¡-. ' '" ' "Yf"",~ 7 III .$ ~, "'" <Q~~,~~ I V II ~/~~,~j"S;~T -ø.~. ~p" I ~~~: Y,~:~~ ~JZJ '~re:B0 Jj 8 ~ iii, _ LA' ,r, ,or': In: -~ -Q/1 v u ~~B~ d h ~~WL'~"'-H-i' Am:~d~~~~~for ~~~'2 Ir:dP~~~;?' ~: :f~ TownN~::t:,!~~:~~~i~~asel ~_ ~~.~ 't:::j ,",r::~';'r, ~'r I I::iP' r; -; "/ ''-'L ¡MJ,~c,;' ".. ) .. _~ ~ I ~/ "~~!!:::;-1 , '., ~ I ¡.:, < -' _2"",,, '~!T~ " .~\~,W.2 ",-' "" !-,'~-' #. 'f f-- T I " ' , , ' II ,I I -. - (.i)..,.. ~~, I ['T , ~ ',,__~ .--¡ , L ~ T ' I f--= I ~ ' / í 1J.1J/7 [ ì T ;, ,.I! '~.I D HfblLs ~ ,~.;. ill, · - 'ERAL ~-,OJ. ! ;~/]=:t. .~ , '. .., ", l.LL-, '" 17r~ '~~r ,.v - 'LJ ' ',-1 r , ~ ¡}K¡:: I I \.". ~ !::ir 'T! 'II, lit:: H/I: ',' I II Ii. 1 ",', rJJ ~ a; 1 ",t:: IHh'TI-'<I~þ ~' Iii , I ¡'.."ç\ ¡ I I \. I, ,¡ 1/-'Ziñ-\1 ~ ~~~!, I. , TlTTII 'TI T I j i i .\ "~~~, , H ~ '/''Ö çY" x', /p \7- =- r7K;:: 4?I":R R i " '. ..-' = ,. .., .I ~-c , ..-<; --\ D t=:=!} _,. r -*-i 1/ " :/. "" '1-" it ,if ~ RD ""- - E' I ' I J-,-:= / ~_ I ~ c---, f-- ~ '\17 < _ I E~'~J '---.;~ ¡:::r i I T IT.f--jRtfR Þ \ I, I ~~ ~ I " IP/=:¡¡ ill Ij lJ, \ '. \J ~<-..L :.. ~C":'" lL¡j E§?79~ ~' \ :::7~ ~." ~-'RE F~.~~~'E~~,. ~'§ \ -~~-{rí', I : ~ ~ 11=3 ¡--,--¡;u:h J.L. ,~~y.Q TI 11 ["(jI -;:: 'PÇ:=J~--cr;-L....;~1~1 !! Ii li~ 1,1..J1LŒ. 0 '. . I' _ v ...("\, ~~~ .'---\. .=,,~. ;, ,) ~.... . _ (' H ..,--<--C:-- 'J '~~. -!-:'--~"¡"I .. ~I, ì 1,.-_''''......... ............ I ~I' 2 ~ II CRaD' li J~ u I-- ~ ¡ L1---- I- l o a HA - ;7 ) /' /' ~ ~ - (f- ,(_ PS 2001-49 CONSIDERATION OF A REQUEST BY ARCADIA LAND PARTNERS 16, LTD. FOR THE APPROVAL OF AN AMENDED PLAT OF LOTS 6R, 7R, & 8R, BLOCK K, LOTS 1 R & 2R, BLOCK L, LOTS 1 R, 2R, & 3R, BLOCK M AND LOTS 1 R, 2R, 3R, 4R, 5R, 6R, & 7R, BLOCK N, NORTH RICHLAND HILLS TOWN CENTER ADDITION, PHASE 1 LOCATED IN THE 6000 BLOCK OF ROARING SPRINGS DRIVE AND THE 8200-8400 BLOCKS OF BRIDGE STREET. APPROVED Zoning Administrator Cathy Horton summarized the case by stating that the purpose of this amended plat is to make minor corrections to lot dimensions for fifteen lots that were previously platted. The plat complies with both the Zoning and Subdivision Ordinances. Staff recommended approval of the amended plat. Scott Turnage, seconded by Don Pultz, motioned to approve PS 2001-49. The motion carried unanimously (6-0). CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Couneil Meeting Date: 1/14/02 Subject: Consider the request from Kevin Smith for the approval of Agenda Number: PS 2002-04 Lot 1, Block 1 Kevin Smith Addition located in the 8200 block of Mid-Cities Drive. (.441 acres) CASE SUMMARV: Kevin Smith has submitted a Final Plat of Lot 1, Block 1 Kevin i Smith Addition for approval. A zoning change to 0-1 Office (ref. PZ 2000-49), site plan approval (ref. PZ 2001-31) and a preliminary plat (ref. PS 2001-32) were all recently approved' on this site. The purpose of this final plat is to prepare the site for development. The Development Review Committee has reviewed the pl~t for compliance with the Subdivision Rules and Regulations. The plat complies ~ith both the Zoning and Subdivision Ordinances. Attached is a memo from the. Public Works Department concerning this plat. Also attached is a letter from the applicant responding to these comments. Current Zoning: 0-1 Office. ',-. Comprehensive Plan: The Plan indicates office uses for the site. The proposed use is consistent with the Plan. Right Of Way: No additional ROW is required for this development. Utilities: No issues concerning the extension of utilities to the :site have been identified. Flood or Drainage: No drainage issues have been identified. Traffic/Access: A site plan request for this site was approve~ on 11/12/01 (ref PZ 2001- 31). The plan indicated one access point from Mid-Cities BoulØvard. Tree Preservation: The site exhibits little or no foliage. A I$ndscape plan was recently approved for this site as part of a site plan approval request. I The landscape plan did not indicate the preservation of any existing trees. Parkland Dedication Fee: Park fee in the amount of $440.00 ts required. Finance Review ~ Source of Funds: Bonds (GO/Rev.) Operating Budget Other - 'fiJ - )Q~ Department Head Signature Account Num~er Sufficient Funds A va11able Finance Director ~~I~~ " PS 2002-04 Kevin Smith CC Page 1 of 2 CITY OF NORTH RICHLAND HILLS RECOMMENDATION: The Planning and Zoning Commission at their meeting on December 27, 2001, recommended approval of PS 2002-04 subject to staff and engineering comments by a vote of 7-0. To approve PS 2002-04 a Final Plat of Lot 1, Block 1i Kevin Smith Addition as recommended by the Planning and Zoning Commission. \-----" CITY COUNCIL ACTION ITEM PS 2002-04 Kevin Smith CC Page 2 of 2 _.. ---.----- R I I II I IT I;==I'!----- ~\. ~ ~~n~~~ ~ " 5J:£WA cq'C '--IT f1 v~ ~ ,; . r-\I VJt~/ I~œ, . ~dj ~ ~II t-Q h~( I I f7 -'~ . - rr-:-\c:: ~;j I Ff ~,--.ri[¡ I ····Tl)::: 'W""I,,-¡.ÞYetll ---"'OJ ~ ~ ., " .. nl=: ,\ / r /¡¡: I I r- ?'/',~ I.j~' r I r>- ~f I r t:fr:::"._ ---1;; I I 8?1.~ ~ I" . _ -x III II T 1'¡fI- ~ -,.,.,o^"..I ST ZJ \1 '" .....'-' l '_.!: I ~~~U R ~I~ 'Z.-\_LJID."..q;~ ~ T ~~ _..~ ~~-=ç.~~111 IIY' 1"" i I ~ J J I L -Q" -!f- J I T 1 µ./. / "',-""po ~ ~~.o" /;.~ f ~ U; ) -fii ~ ~ ~ = . ~'~:Ti-} nl if ¡::j -- ~~=" ;L. ~ ~ ;:::--P ~~ I 1/ -CJP I ~~ ¡..;~_ 1. - - ~ '\~~ I ,..... _ - w."':ìD,NI\Il IN ~f_ ~:¡ .~ 1 - riO' I c~ TI=]f- Q n \7 I I '4{;. ~'~~;::~ I ~ ~ ~ -1 -~ I ¡pi I¡"!!t '" Mld-Clti.. Boulevanl ~ !iAID-C ~DlrnI t ¡ PS 2002-04 Final Plat Kevin Smith Addition .44 acres NRH ·Ju OIIC liVe r '. .,:::' -...¡;r'ì :r: l,en CITY OF >;CRTH R ~CHL,~,~';D HILLS December 20, 2001 MEMO TO: Dave Green, Planner FROM: Jon Lovell, Engineer Associate RE: KEVIN SMITH ADDITION, BLK 1, LOT 1; PS2002-04, Final Plat Public Works has reviewed the plat submitted on December 14,2001. We offer the following comments. 1. GPS COORDINATES GPS coordinates, referenced to a City GPS monument, need to be shown at two property corners of the development. The City GPS monument used to establish the coordinates should also be noted on the plat. 2. METES AND BOUNDS DESCRIPTION Curve and chord data shown on the plat drawing does not match what is shown in the metes and bounds description. The volume and page numbers of easements and plats need to be added where blanks are currently shown. 3. APPROVAL CERTIFICATE The City Council approval certificate needs to be added to the final plat. 4. EXISTING SANITARY SEWER EASEMENT Show and label the existing 5.25 foot wide sanitary sewer easement adjacent to Mid-Cities Boulevard. This memo should be used in conjunction with the mark up of the plat. Jrl/pwm2001-188 cc: Mike Curtis, P. E., Public Works Director Andrea Jobe, Engineer Associate .. '--, ,.... '-, .. .-:....;, \ - -- ,,, WASHINGTON & ASSOCIATES A Gutierrez, Smouse, Wilmut & Assoc.. Inc. Affiliate CivilÆnvironmental Engineers· Planners 3950 Fossil Creek Blvd., Suite 210. Fort Worth, Texas 76137 817/306-1444· Fax 817/306-1555 December 20,2001 City of North Richland Hills Mr. Dave Green, Planning Department 7301 N.E. Loop 820 North Richland Hills, TX 76180 RE: Kevin Smith Addition - Final Plat Comments Dear Mr. Green: In reply to the list of comments on the Final Plat of Lot 1, Block 1 Kevin Smith Addition that we received December 20,2001, we offer the following response: 1. The surveyor is in the process of obtaining the GPS coordinates for two property comers. This will be on the plat prior to going to City Council. 2. The typographical errors in the metes and bounds description will be corrected and the volume and page numbers of the easements will be added prior to going to City Council. 3. The City Council approval certificate will be added prior to going to City Council. 4. The 15' Water & Sanitary Sewer Easement is shown and labeled adjacent to Mid- Cities Boulevard, There is not a 5.25' Sanitary Sewer Easement in this area. Please feel free to contact us with any other questions or comments. Sincerely, Washington & Associates u~~ Wayne Flores Dallas. Texas' Fort Worth. Texas' Midland. Texas PS 2002-04 CONSIDERA TION OF A REQUEST BY KEVIN SMITH TO APPROVE THE FINAL PLAT OF LOT 1, BLOCK 1, KEVIN SMITH ADDITION LOCA TEe IN THE 8200 BLOCK OF MID-CITIES BOULEVARD. APPROVED Zoning Administrator Cathy Horton summarized the case stating that Kevin Smith had submitted a final plat of Lot 1 Block 1, Kevin Smith Addition for approval. A zoning change to 0-1 Office, site plan approval and a preliminary plat were all recently approved on this site. The purpose of the final plat is to prepare the site for development. Staff recommended approval of the final plat subject to staff comments. Ted Nehring, seconded by Don Pultz, motioned to approve PS 2002-04 with staff comments. The motion carried unanimously (7-0). , .. CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date:1/14/02 ,,-. Subject: Public Hearing tocorisider a.request by Patrick and Jennifer Agenda Number: PZ 2001-36 Burton for a zoning change from AG Agricultural to R-2 Residential at 8436 Franklin Court. Ordinance no. 2598 CASE SUMMARV: Patrick and Jennifer Burton have submitted a request to rezone .23 acres from AG Agricultural to R-2 Residential for the construction of a single r.mily residence. The site is located at 8436 Franklin Court and is platted as Lot 20 of the Thomas Peck Addition. Comprehensive Plan - The Comprehensive Plan recommend. low density residential use for the site. The proposed use is consistent with the Plan. Site Zoning/Land Use - 'The site is curreotlyzoned AGAgricu'ural and is vacant. Surrounding Zoning /Land Use . North: East: South: West: City of KellerNacant AGNacant AG/mobile home residence AG/mobile home· residence '-../ The Planning and Zoning Commission met on Thursday, Dece~ber 27,2001 and voted 7- o to recommend approval of this request. . If the Council determines that this zoning is acceptable~ the following motion is recommended: Approval of PZ 2001-36 and Ordinance No. 2~98. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other - tJf/ ~))~ Account Numb¢r Sufficient Fund$ Available Finance Director Department Head Signature ~~c~ '--- PZ 2001-33 CC sum. i!I TR IH. '. 2. ø AC: . TR õ!! ~ 1-'-' øq AC I ,.. ,.. . ~ TR lG Q.578 AC ~ TR 1 HI; 1 . Ø2 AC 211!1 ,... -''II!'' . - 'n.- - ~"t~ . 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TR 10 ~~ . .. 1 . 702 AC .. æ I- S~ . ! : f TR IE cj ! 1.7Ø2 AC ~ ~ I. .-. ¡..-_.~._.- -·-·_·ÑÓ~·'-~ ",cr¿ ~r' r¿S ~C~ 1 . ~ ! 1 ~2.Ø23 0 '1.510- '3\~ TR :2 11.42 f I - TR .3C 2.00 ." ~ TR 3 8.0 ~ ; North Tarrant ParkVJay ~~F """ "- ~_._._...~"_......~'-----'-~~._,,-,-~._---- NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CASE #: PZ 2001-36 8436 Franklin Court Lot 20 Thomas Peck Addition You are receiving this notice because you are a property owner of record within 200 feet of the above property. PurDose of Public Hearina: The public hearing is being held to consider a request from Patrick and Jennifer Burton for a zoning change from AG Agricultural to R-2 Residential for the purpose of constructing a single family residence at the above address. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, DECEMBER 27, 2001 CITY COUNCIL MONDAY, JANUARY 14, 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 Fred F. Willhite, 8432 Gifford Ln. Fort Worth, TX 76180 Mellisa K. Collins 8436 Gifford Ln. Fort Worth, Texas 76180 Clifton & Linda Jackson 8424 Franklin Ct. Fort Worth, TX 76180-1225 Malcom & Cleota Brown 8432 Franklin Ct. Fort Worth, TX 76180 Bruce & Bethany Harris 8320 Shady Grove Rd. Fort Worth, TX 76180 Larry Wells 8316 Shady Grove Rd. Fort Worth, TX 76180 Robert L. Davis 3233 Oakdale Dr. Hurst, TX 76054 Billy Burton 8437 Franklin Ct. Fort Worth, TX 76180 Fred Spradlin 6919 Glen Hills Rd. Fort Worth, TX 76118 City of Keller Planning & Zoning P.O. Box 770 Keller, TX 76244 PZ 2001-36 PUBLIC HEARING TO CONSIDER THE REQUEST BY PATRICK AND JENNIFER BURTON FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R-2 RESIDENTIAL. THE PROPERTY LOCATED AT 8436 FRANKLIN COURT. APPROVED Zoning Administrator Cathy Horton summarized the case by stating that Jennifer and Patrick Burton have submitted a request to rezone .23 acres from AG Agricultural to R-2 Residential for the construction of a single family residence. The site is located at 8436 Franklin Court and is platted as Lot 20 of the Thomas Peck Addition. Staff recommended approval of request. Acting Chairman Doug Blue opened the public hearing. Applicant Patrick Burton, 6929 McCoy Drive, Watauga, Texas was available for questions from the Commission. There were none. Acting Chairman Doug Blue closed the public hearing. James Laubacher, seconded by Scott Turnage, motioned to approve PZ 2001- 36. The motion carried unanimously (7-0). ORDINANCE NO. 2598 AN ORDINANCE REZONING OF A TRACT OF LAND KNOWN AS LOT 20, THOMAS PECK ADDITION FROM AG AGRICULTURAL TO R-2 RESIDENTIAL IN ACCORDANCE WITH THE CITY OF NORTH RICHLAND HILLS ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received a request for a change in zoning district boundaries; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Zoning Ordinance and the Official Zoning Map by rezoning certain property as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 2001-36, the following described tract as shown on Exhibit "A" shall be rezoned: A Tract of Land containing .22 acres of land from AG Agricultural to R-2 Residential. THAT, the Official Zoning Map be redrawn to incorporate these zoning district boundary amendments and the herein described ordinance number be affixed to the property described herein. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, 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 decree 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. Ordinance No. 2598 Page lof2 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 14th DAY OF JANUARY 2002. Mayor Charles Scoma City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: Development Director APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2598 Page 2 of2 -þ' . t1:4 CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 1/14/02 ',-- Subject: Public Hearing to consider a request by Carter & Burges$ Agenda Number: PZ 2001-35 Inc. on behalf of Wal-Mart Inc. for a Special Use Permit ($UP) identifying Existing/Future parking, Storage, Loading, outdoor Sales, and Display Areas for an Existing retail merchandise Store at 6401 NE Loop 820 - Ordinance no. 2597 CASE SUMMARV: Thomas Green of Carter & Burgess Inc. representing Wal-Mart Stores Inc. has submitted a request for a Special Use Permit to identify areas for customer parking, loading, outdoor storage, outdoor sales and display areas for an existing Wal-Mart store at 6401 Northeast Loop 820. Under current regulations, the applicant is allowed to utilize up to 10% of the total lot area for outdoor storage and display. The size ancllocation of these activities have never been clearly defined or approved. This site plan request represents an effort by the applicant to clarify and specifically define the location$ for these various storage, loading, and display areas as previously approved under thE ) regulations at the time of original development. This request is similar to a request approved earlier this year for the Home Depot located east of this site (ref PZ 2001-10). A site plan has been submitted with this request which, UpOr!l approval, will become the official plan for these outdoor activities. The plan notes the following: ~ · A new 29,300 square foot Outside Garden Sales and Storage area (area 1) located in front of the existing garden enter along .he Boulder Drive frontage. This area will be for seasonal items and will be cordoned off by concrete blocks and landscape timbers. · Additional container storage areas totaling 12,917 square feet (areas 2 and 7). Both areas are located behind the main building and are screened from adjacent areas by an existing 8' stockade fence. · The existing Garden Center totaling 13,977 square feet in size (area 4) along the southeast corner of the main building). Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other _ ~ .~~ Account Number Sufficient Funds Available Finance Director Department Head Signature ~}~e PZ 2001-35 Wal-Mart SUP CC sum. j:' CITY OF NORTH RICHLANDHILLS ~ · The elimination of 5,363 square feet of the existing Outside Garden Storage and Display area located east of the main building along! the Boulder Drive frontage (area 5). This area will be restored as parking. · The existing 5,355 square foot Sidewalk Storage and Display (area 6). These areas total 70,343 square feet in size (including elimination of the current Outside Garden Storage and Display area) accounting for 6.43% Qf the total lot area (10% maximum). As noted on the plan, the present development requires 1,140 parking spaces. The amount of parking spaces provided with the proposed plan is 1,138 (a reduction of 2 spaces from the minimum). The plan proposes no changes to the existing signage, landscaping, buildings, driveways or pavement although a note has been added that all existing dead or damaged landscaping shall be replaced. Surrounding Zoning & Land Use North: South: East: West: Current Zoning C-2 Commercial, R-7-MF/ Vacant, multi-family development Loop 820 C-2 Commercial wSUP/ Home Depot C-2 Commercial/ Sam's Wholesale Club \...... The Comprehensive Land Use Plan indicates that this tract is best suited for retail development. The existing use is consistent with the Plan. The Planning and Zoning Commission met on Thursday, December 13, 2001 and voted 5- 0-1 to recommend approval of this request with the following stipulation: 1) Add to the site plan a note that the areas identified for storage, loading, and display will be clearly identified on the ground by painting, striping, or both. The applicant has submitted a revised site plan that includes this statement. If the Council determines that this zoning is acceptable, . the following motion is recommended: Approval of PZ 2001- 35 and Ordinance No. 2597. . "- PZ 2001-35 Wal-Mart SUP CC sum. - , I -- I ~ \-\a\tol'O C\t'J ~ ¡ c , , : ' : ! L-. ,I : ,- ~\~ ./- " ./ '- r\a\\oro C\t'I ,- PZ 2001-35 PUBLIC HEARING TO CONSIDER A REQUEST BY CARTER & BURGESS, INC., ON BEHALF OF WAL-MART INC., FOR A SPECIAL USE PERMIT (SUP) IDENTIFYING EXISTING/FUTURE PARKING, STORAGE, LOADING, OUTDOOR SALES, AND DISPLA V AREAS FOR AN EXISTING RETAIL MERCHANDISE STORE AT 6401 NE LOOP 820. APPROVED Zoning Administrator Cathy Horton summarized the case by stating that this is an SUP request to delineate outside storage and display areas. The proposal results in the loss of two required spaces. Under current regulations, the applicant is allowed to utilize up to 10% of the total lot area for outdoor storage and display. The proposed revisions are as follows: 1. A new 29,300 square foot Outside Garden Sales and Storage area (area 1) located in front of the existing garden center on the Boulder Drive frontage. This area will be for seasonal items and will be cordoned off by concrete blocks and landscape timbers. 2. Additional container storage areas totaling 12,917 square feet (areas 2 and 7). Both areas are located behind the main building and are screened from adjacent areas by an existing 8' stockade fence. 3. The existing Garden Center totaling 13,977 square feet in size (area 4) is shown at the southeast corner of the main building. 4. The elimination of 5,363 square feet of the existing Outside Garden Storage and Display area located east of the main building along the Boulder Drive frontage (area 5). This area will be restored as parking. 5.) The existing 5,355 square foot Sidewalk Storage and Display (area 6). Staff recommended a note added to the site plan stating that only those areas identified as such may be used as storage. Loading and display areas. This area should be clearly identified on the ground on the site. Chairman Don Bowen opened the public hearing. Tom Green, representing Carter & Burgess Engineering, 3001 Meacham Blvd. spoke in favor of the request. Mr. Green was requested by Wal-Mart to amend an area on the plan to be used for container storage. He requested that area #7 in the back of the store be enlarged as shown on a new exhibit. He indicated that the outside storage area will be below the 10% requirement. Jim Sprinkle, General Manager representing Wal-Mart, spoke in favor of the request. Don Pultz confirmed with Mr. Sprinkle the plans to use concrete blocks and landscape timbers to cordon off the seasonal areas. Chairman Don Bowen closed the public hearing. Tim Welch, seconded by Scott Turnage, motioned to approve PZ 2001-35 including an amendment by applicant for Council, and adding to the site plan a note that these areas identified for storage, loading, and display will be clearly identified on the ground by painting, striping, or both. The motion carried (5-0-1) with Don Pultz voting against the motion to approve PZ 2001-35. NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CASE #: PZ 2001-35 6401 Northeast Loop 820 Lots 1 Rand 2, Block 6, Tapp Addition You are receiving this notice because you are a property owner of record within 200 feet of the above property. Purpose of Public Hearinq: A public hearing is being held to consider a request by Carter & Burgess Inc. on behalf of Wal-Mart Inc. for a Special Use Permit (SUP) identifying existing and future parking, storage, loading, outdoor sales and display areas for an existing retail merchandise store. Public Hearinq Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, DECEMBER 13, 2001 CITY COUNCIL MONDAY, JANUARY 14, 2002 7:00 P.M. Time: Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone(817)427~300 Fax (817)427-6303 I\NRH_CITY _HALL2\VOL 110ATAIPZIProperty Owner NotificationlPZ\2001lPZ 2001-35 Wal-Mart SUP.doc CASE #: PZ 2001-35 Wal-Mart SUP The following property owners are listed in the 2001 Tarrant Appraisal District tax rolls. They fall within 200 feet of the subject tract and have been notified. Rufe Snow Loop 820, Peskind Development Co. P.O. Box 835183 Richardson, TX 75083-5183 Alliance PK Portfolio LLC 221 N. Lasalle St. FL 3700 Chicago, fL 60601-1508 Sam's Real Estate Bus. Trust Attn: Prop Tax Dept. #8268 1301 S. E. 10th St. Bentonville, AR 72716-0001 HD Development Properties, LP Attn: Home Depot USA 2455 Paces Ferry Rd. SE Atlanta, GA 30339-4024 Wal-Mart Real Estate Bus, TR 702 SE 8th St. Bentonville, AR 72716 State Of Texas P.O. Box 6868 Fort Worth, TX 76115 PZ 2001-35 PUBLIC HEARING TO CONSIDER A REQUEST BY CARTER & BURGESS, INC., ON BEHALF OF WAL-MART INC., FOR A SPECIAL USE PERMIT (SUP) IDENTIFYING EXISTING/FUTURE PARKING, STORAGE, LOADING, OUTDOOR SALES, AND DISPLAY AREAS FOR AN EXISTING RETAIL MERCHANDISE STORE AT 6401 NE LOOP 820. APPROVED Zoning Administrator Cathy Horton summarized the case by stating that this is an SUP request to delineate outside storage and display areas. The proposal results in the loss of two required spaces. Under current regulations, the applicant is allowed to utilize up to 10% of the total lot area for outdoor storage and display. The proposed revisions are as follows: 1. A new 29,300 square foot Outside Garden Sales and Storage area (area 1) located in front of the existing garden center on the Boulder Drive frontage. This area will be for seasonal items and will be cordoned off by concrete blocks and landscape timbers. 2. Additional container storage areas totaling 12,917 square feet (areas 2 and 7). Both areas are located behind the main building and are screened from adjacent areas by an existing 8' stockade fence. 3. The existing Garden Center totaling 13,977 square feet in size (area 4) is shown at the southeast corner of the main building. 4. The elimination of 5,363 square feet of the existing Outside Garden Storage and Display area located east of the main building along the Boulder Drive frontage (area 5). This area will be restored as parking. 5.) The existing 5,355 square foot Sidewalk Storage and Display (area 6). Staff recommended a note added to the site plan stating that only those areas identified as such may be used as storage. Loading and display areas. This area should be clearly identified on the ground on the site. Chairman Don Bowen opened the public hearing. Tom Green, representing Carter & Burgess Engineering, 3001 Meacham Blvd. spoke in favor of the request. Mr. Green was requested by Wal-Mart to amend an area on the plan to be used for container storage. He requested that area #7 in the back of the store be enlarged as shown on a new exhibit. He indicated that the outside storage area will be below the 10% requirement. Jim Sprinkle, General Manager representing Wal-Mart, spoke in favor of the request. Don Pultz confirmed with Mr. Sprinkle the plans to use concrete blocks and landscape timbers to cordon off the seasonal areas. Chairman Don Bowen closed the public hearing. Tim Welch, seconded by Scott Turnage, motioned to approve PZ 2001-35 including an amendment by applicant for Council, and adding to the site plan a note that these areas identified for storage, loading, and' display will be clearly identified on the ground by painting, striping, or both. The motion carried (5-0-1) with Don Pultz voting against the motion to approve PZ 2001-35. ORDINANCE NO. 2597 AN ORDINANCE BY THE CITY OF NORTH RICH LAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE, TO AUTHORIZE A SPECIAL USE PERMIT (SUP) IDENTIFVING PARKING, STORAGE, LOADING, OUTDOOR STORAGE, OUTDOOR SALES AND DISPLA V; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of the Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in case number PZ 2001-35, a Special Use Permit adopting a site plan identifying specific parking, loading, outdoor storage, outdoor sales and display areas on property known as Lot 1-R & 2, Block 6, Tapp Addition located at 6401 Northeast Loop 820 in the C-2 Commercial District subject to the following conditions: 2. THAT, development of this property shall be consistent with the site plan attached as Exhibit "A." 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, 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 decree 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. Ordinance No. 2557 Page 1 of 2 4. SAVINGS CLAUSE. That the Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this Ordinance. 5. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 14th DAY OF JANUARY, 2002. Charles Scoma, Mayor City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: Development Director APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2557 Page 2 of 2 ·_··~__'~'M..,~~.__~_~._.__ £€UlSé?~ ORDINANCE NO. 2597 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE, TO AUTHORIZE A SPECIAL USE PERMIT (SUP) ON WAL-MART PROPERTY IDENTIFVING PARKING, STORAGE, LOADING, OUTDOOR STORAGE, OUTDOOR SALES AND DISPLA V; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of the Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITV COUNCIL OF THE CITV OF NORTH RICHLAND HILLS, TEXAS: 1. In case number PZ 2001-35, a Special Use Permit is hereby adopted, together with a site plan identifying specific parking, loading, outdoor storage, outdoor sales and display areas on property known as Lot 1-R & 2, Block 6, Tapp Addition located at 6401 Northeast Loop 820 in the C-2 Commercial District. 2. Development of this property shall be consistent with the site plan attached as Exhibit "A." 3. PENALTY CLAUSE. Violation of the zoning herein amended shall constitute a Class C misdemeanor and shall be punished by fine. Each day such violation continues shall be deemed a separate offense. 4. SEVERABILlTV CLAUSE. That it is hereby declared to be the intention of the City Council that the section, 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 decree 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. Ordinance No. 2597 Page1of2 '--'-"~" -.....--...-..----..--.-..-.......--~~~..-.-__.~"_'<=w__.._________ 5. SAVINGS CLAUSE. That the Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this Ordinance. 6. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED BV THE CITY COUNCIL THIS 14th DA V OF JANUARY, 2002. Charles Scoma, Mayor City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: Development Director APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2597 Page2of2 ...-r';' CITY OF NORTH RICHLAND HILLS \..... Department: Planning & Inspections Department Coumcil Meeting Date: 1/14/02 Subject: Public hearing to consider an appeal from Chester Ross Agenda Number: PZ 2001-19 on behalf of the property owner, Kae Son Ko for a zoni"g change on .81 acres of land from LR Local retail to PO Planned Development and Sit~ Plan approval for all LR Local Retail Uses plus a Convenience Store with Accessory Gasoline Sales (located at 8015 Glenview Drive) Ordinance no. 2596 - CASE SUMMARV: '- Chester Ross, representing the property owner, Kae Son Ko, is requesting to rezone .81 acres from LR Local Retail to PO Planned Development. The,property is located at 8015 Glenview Drive. The purpose of this request is to permit the ¡construction of a self-serve gasoline facility (six pumps total) as an accessory use to an ~xisting convenience store. The existing buildings in this development (and their config~ration) are non-conforming with regard to: use (convenience store requires a SUP with site plan approval), screening, buffering, landscaping, and parking. Because the proposed gasoline facility is an expansion of a non-conforming' use and that expansion ex¢eeds 30% of the existing development, this plan development request triggers numerous variance requests. These requests are based on the site's existing circumstances and conditions (as mentioned above). Mr. Ko's proposed new improvements to the site i.e. gasoline canopy and landscaping along the Glenview Drive frontage, both meet current city codes. Mr. Ko's overall proposal, therefore, represents an effort to upgrade the existing development at this location. To facilitate this upgrade staff suggests that because the site's surface pavement is currently in poor condition that it be resurfaced in addition the improvements noted on the site plan. The P&Z tabled this request on two different occasions prior to denying the request at their November 20th meeting. These actions were due in part because of the lack of sufficient and timely site plan information provided by the applicant. Comprehensive Plan - The Comprehensive Plan recommends retail uses for this site. The proposed use is consistent with the plan. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Numbet Sufficient Funds Available Finance Director \ '---- Department Head Signature City Manager Signature PZ 2001·19 Mr. Ko CC sum. ~.""'"-'-. CITY OF NORTH RICHLAND HILLS Zoning/Land Use - The site is currently zoned LR Local Retail. North: East: South: West: R-7 / Apartment complex LR I Denryy's restaurant and parking Cities of Richland Hills and Hurst / Retail development R-2 / Single family residential Variances Requested - The following variances are requested by this Planned Development. · A 9' rear bUilding setback instead of the 35' required along the west side of Building A and the north side of Building B. (1 Variance) · Waive the required 15' landscape buffer and 6' masonry screening wall requirement along the west and north property boundaries in favor of the existing 6' wood fence. Waive the requirement for 1 tree (within the parking area) per every 20 parking spaces (3 variances). · Waive the requirement for masonry screening of the dumpster location. (1 variance) · Waive the requirement of 35 parking spaces for the existing uses in favor of the 24 existing spaces. (1 Variance) \~. The note on the canopy elevation stating II For Bid only - not to be used for construction or permit II should be removed . The Planning and Zoning Commission met on Thursday, November 20, 2001 and voted 5- 2 to recommend denial of this request. Mr Ko filed a petition (att$ched) within the required 10 days following the Commission's denial seeking to be heard by the City Council. At the time of this report the applicant had not submitt.d a revised site plan, landscape plan, or building elevation for analysis. Sta~ recommends that the request either be continued until the applicant can provide siufficient information for Council consideration or denied. \ -1 PZ ¿uu 1- 1 ~ IVII. rw I.A... sum. ,w_..~._,.,_~'_..,_~.______ ORDINANCE NO 2596 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE ZONING ORDINANCE TO ESTABLISH A PLANNED DEVELOPMENT DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has reviewed a rezoning request on a tract of land identified in Case Number PZ 2001-19; and WHEREAS, the developer has indicated an interest in establishing the proposed development as a Planned Development District under the guidelines of the North Richland Hills Zoning Regulations; and WHEREAS, the City Council has determined that the development conditions of this tract of land do not provide adequate opportunities for development under available existing zoning district regulations; and WHEREAS, after appropriate notice and public hearing, the City Council of the City of North Richland Hills has approved an amendment of the Zoning Ordinance by establishing a Planned Development District and by changing said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 2001-19, the following described property, attached as Exhibit A, Location Map, shall be rezoned from LR Local Retail to Planned Development District with specific development regulations on .81 acres of land 2. THA T, the purpose of this Planned Development District is to provide for all LR Local Retail uses including a convenience store with accessory gasoline sales. The permitted uses and development regulations for this planned development district shall be as follows: 1. Permitted Uses: All LR Local Retail uses including a convenience store with accessory gasoline sales. Ordinance no. 2596 Page 101'2 3. THAT, the development regulations are hereby amended, and specifically, the LR Local Retail District regulations which are not in conflict with the terms of this Planned Development District shall govern development on said property, except as follows. 1. Waiver of the required 35' rear building setback along the west and north property lines. All existing building setbacks as noted on the attached plan will be considered conforming under the current Zoning Ordinance. 2. Waiver of the required 15' landscape buffer along the west and north property lines. 3. Waiver of the required 6' masonry screening wall along the west and north property lines in lieu of the existing 6' wooden fence. 4. Waiver the requirement for one parking lot tree per every 20 parking spaces. 5. Waiver of the requirement for 35 parking spaces for the existing uses in favor of the 24 existing spaces. 6. Waiver of the requirement for masonry screening of the dumpster pad site. 4. THA T, all provisions of the Zoning Regulations of the City of North Richland Hills, as amended, which are not in conflict with the terms of this Planned Development shall remain applicable on said property, and the provisions of the C1 Zoning District shall apply to this property to guide development, except where amended herein. 5. THA T, the Zoning Map of the City of North Richland Hills be amended to reflect this planned development district. 6. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, 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 decree 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. Ordinance no. 2596 Page 2 of2 "-~._"~---._--_.,. .._,..~'-~.._-,.~.~----~._._-- 7. SA VINGS CLAUSE. That the Comprehensive Zoning Ordinance of the City of North Rich/and Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 8. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. PASSED AND APPROVED BV THE CITY COUNCIL THIS 14th DAY OF JANUARY, 2002. Mayor, City of North Richland Hills, Texas ATIEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT Department Head APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance no. 2596 Page 3 of2 1 \p1\1 -- riA Y~~y ! S · suR _71 ø þ.- a: l.q a: 10 w I- Z 20 z q >- ...J 21 a 7 TR 11830 9.53 AC ~\ lq 20 q a: 21 0 a a: w S2: I- 7 W w :::¿ 23 6 24 5 25 4 26 3 27 2 TR. lIE q.53 TR 11 93D I .28 . I~ ... ~~ (n f- ¿ 26 3 ...J TR 1183A 6.59 AC >- 27 2 TR. I: 6.5Q 28 æ ... æ ... 28 CONN OR 4 3 1 2 2 a: o a: w ~ TR. TR. lØA3 ~ 11M2 1 . ø 1 MC :::¿ . 36 g 0 ;: ¡¡'A2a R. \8A TR. lØAS AC . 6 AC ..------------------ i . TR. I A2A TR. 4A .32 AC IA2 AC . 32 A ¡¡ TRACT - Al 15 1) 111 161 TRACT 01 TRACT E lØ 12 11 13 TRACT AlA ~ 7q88 LESLIE OR 2 6 7 q 8 ORír1 7qøØ NORMA LN 0P~ TRACT 2 3 4 5 HR2 5.394 II z IS) (\/ CD 0_ o o -1 LLJ ~ ._----~._.._- ( }. ~ HI L ~AR 1 Pi C 152 1n '3¿ ~ r M OT~ACT Al r¿5r 1n · TRACT alA CASE #: PZ 2001-16 8015 Glenview Drive Towne Oaks Addition The following property owners are listed in the 2001 Tarrant Appraisal District tax rolls. They fall with in 200 feet of the subject tract and have been notified. City of Hurst 7925 Glenview Drive Wallace, William W Survey Abstract 1606, Tract 10A02 Hybarger, Jack A 7925 Glenview Drive Fort Worth, Texas 76180-7361 7929 Glenview Drive Wallace, William W Survey Abstract 1606, Tract 10A02A Williams, Sue Ann Region 4904 Delta Court Fort Worth, Texas 76180-7831 Glenview Drive Wallace, William W Survey Abstract 1606, Tract 1 OA02A 1 State of Texas PO Box 6868 Fort Worth, Texas 76115 Glenview Drive Wallace, William W Survey Abstract 1606, Tract 10A02B State of Texas PO Box 6868 Fort Worth, Texas 76115 8017 Glenview Drive Wallace, William W Survey Abstract 1606, Tract 11 B03 Ko, Kae Son 12916 Conifer Lane Euless, Texas 76040-7161 4401 Glenview Court Wallace, William W Survey Abstract 1606, Tract 11 B03A & 11 B03D TVO Southwest Partners LP 6090 Surety Drive, Suite 102 EI Paso, Texas 79905 4120 Glenview Court Wallace, William W Survey Abstract 1606, tract 1 B03E Harrison, B G 4924 Benbrooke Road Fort Worth, Texas 76116 8015 Glenview Drive Wallace, William W Survey Abstract 1606, Tract 11 B03F Ko, Kae Son 12916 Conifer Lane Euless, Texas 76040-7161 Glenview Drive Wallace, William W Survey Abstract 1606, Tract 11 B03F1 A State of Texas PO Box 6868 Fort Worth, Texas 76115 Glenview Drive Wallace, William W Survey Abstract 1606, Tract 11 B03F2 State of Texas PO Box 6868 Fort Worth, Texas 76115 Glenview Drive Wallace, William W Survey Abstract 1606, Tract 11 B3F3 & 11 B3J Anderson, E & Pat Rev Liv TR 95-476 Ipupai Place Mililani, HI 96789-1864 Glenview Court Wallace, William W Survey Abstract 1606, Tract 11 B03G Baker Jones & Crow 4600 Glenview Court Fort Worth, Texas 76180-7388 8025 Glenview Drive Wallace, William W Survey Abstract 1606, Tract 11 B03H Denny's Realty Inc. 803 E Main Spartanburg, SC 29319 4200 Keeter Drive Richland Heights Addition Block 6, lot 1 Helton, Hollis E 4200 Keeter Drive Fort Worth, Texas 76180-7322 8025 Glenview Drive Towne Oaks Addition Block 1, Lot 1 Denny's Realty Inc. Attn: Tax Department PO Box 15390 Irvine, CA 92623-5390 8101 Glenview Drive Towne Oaks Addition Block 2, Lot 1 A Harrison, Brad G Attn: Property Tax Service 616 Roaring Springs Road Fort Worth, Texas 76114-4402 Glenview Drive Towne Oaks Addition Block 2, lot 1 B State of Texas PO Box 6868 Fort Worth, Texas 76115 -~----._-------'--~..~--_.~~._'----_. . PS 2001-19 CONTINUED PUBLIC HEARING TO CONSIDER A REQUEST BV CHESTER ROSS ON BEHALF OF THE PROPERTY OWNER, KAE SON KO, FOR A ZONING CHANGE ON .81 ACRES OF LAND FROM LR LOCAL RETAILS TO PD PLANNED DEVELOPMENT FOR ALL LR LOCAL RETAIL USES PLUS A CONVENIENCE STORE WITH ACCESSORV GASOLINE SALES AND SITE PLAN APPROVAL AT 8015 GLENVIEW DRIVE. DENIED Zoning Administrator Cathy Horton summarized the case by stating the case was continued at the last meeting to allow the applicant to show the canopy over the island in greater detail with a pitched roof and move the pumps back. The applicant shows a pitched roof for the canopy, however the pump islands have not been moved back. There are many variances requested for this submittal. Some are mandated because the site is built. A list of the variances being requested is as follows: 1.) A 9' rear building setback instead of the 35' required along the west side of Building A and the north side of Building B. (1 Variance) 2.) Waive the required 15' landscape buffer and 6' masonry screening wall requirement along the west and north property boundaries in favor of the 6' wood fence. Waive the requirement for 1 tree (within the parking area) per every 20 parking spaces. (3 variances). 3.) Waive the requirement of 35 parking spaces for the existing uses in favor of the 24 existing spaces. (1 Variance). 4.) Waive the requirement for masonry screening of the dumpster location. (1 Variance). Also the note on the canopy elevation states "For Bid only - not to be used for construction or permit" should be removed. Chairman Don Bowen opened the public hearing and asked Mr. Ross a question regarding why the canopy was not moved back. Chester Ross, 3437 Wendell Dr. representing this request stated they can certainly move it back if required by zoning purposes. He states that he has been on vacation. Chairman Don Bowen closed the public hearing. George Tucker, seconded by Ted Nehring, motioned to deny PZ 2001-19 due to too many variances for this particular site and that it appears the site is being over built. The motion carried (5-2-0) with Chairman Don Bowen and Scott Turnage voting in opposition. November 30, 2001 Dave Green City of North Richland Hills P.O. Box 820609 North Richland Hills, TX 76182-0609 Re: Site Plan, Glenview Qulckmart Towne Oaks Addition Dear Mr. Green: I do hereby respectively appeal the denial of my plan by the Planning and Zoning Commission to the City Council. I have made a few changes to the plan, which I believe will address the commission's concerns. I feel that once these and the other issues are explained to the Council, that the Council will approve my plan. Please Schedule this appeal for the next available councH meeting. Sincerely, C;IM, Daannont$III",.I9t\8r.doc Announcements and Information January 14, 2002 Announcements The City Council and Planning and Zoning Commission will have a work session on Tuesday, January 15th at 6:00 p.m. The work session will be held in the Fire Training Room at the Fire Administration. The Second Annual Parenting Solutions Seminar will be held on January 26th at Birdville High School. The seminar will be held from 8:00 a.m. to 2:00 p.m. To register, call 817-427-6600. The 2002 City Calendars are available to citizens in any of the city facilities. They are free and provide valuable information about the city budget, special events and even a schedule for trash service. Information January 17 Citizens Police Academy Begins January 19 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. 817 -427 -6570 _ . .'_.~_"'_~~_'__'~_~__~_'___'_<"_'~"__~"_>~"___~'__M""_ CITY OF NORTH RICH LAND HILLS JOINT CITY COUNCIL & PLANNING & ZONING COMMISSION WORK SESSION JANUARY 15, 2002 - 6:00pm AGENDA The City Council of the City of North Richland Hills will hold a joint work session with the Planning & Zoning Commission on Tuesday, January 15, 2002 at 6:00 p.m. at the North Richland Hills Fire Administration Training Room, 7202 Dick Fisher Drive, North Richland Hills, Texas. AGENDA: 1. Call to Order 2. Review and Discussion on Direction and Priorities for Zoning and Planning in the City 3. Adjournment POSTED /- II {J ,}, Date ~. éjä IJ Ilt Time -.-.,-.- B~9Ikt;;::~_ .__ NIt.H CITY OF NORTH RICHLAND HILLS MEMO TO: Mayor and City Council Members FROM: Larry J. Cunningham, City Manager SUBJECT: Reminder - Joint Work Session with Planning and Zoning Commission January 15 DATE: January 10, 2002 REF: CMM#2002-008 Recently Steve Norwood sent you a memorandum and a list of discussion points that could possibly be used with your joint work session with the Planning and Zoning Commission on Tuesday January 15. We have not had any feedback from Council on these so we are assuming that the$e are still valid discussion points. Attached is an agenda for the joint work session with the Planning and Zoning Commission. As stated before this will be at 6:00pm Tuesdav January 15 at the Fire Trainino Center. We will have a light meal for you and the Planning and Zoning Commission that evening. ~~~ Larry J. ingham City Manager LJC/ld AGENDA Joint Work Session: City Council and Planning and Zoning Commission 6:00 p.m., Tuesday, January 15, 2002 North Richland Hills Fire Training Center 7202 Dick Fisher Drive 1. Call meeting to order: Charles Scoma, Mayor 2. Purpose of meeting: Mayor Scoma 3. General discussion points: · What expectations does City Council have of the Planning and Zoning Commission · What are the critical issues that need to be resolved either at the Planning and Zoning Commission level or staff level when approving site plans, special use permits or planned developments · Do the current ordinances we have in place adequately address what the City Council is trying to support for new development or do we need to adopt new regulations · What direction or priorities does the Planning and Zoning Commission need from City Council 4. Other comments / discussion related to directions for planning and zoning activities 5. Adjourn