HomeMy WebLinkAboutCC 2001-07-23 Agendas
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CITY OF NORTH RICH LAND HILLS
PRE-COUNCIL AGENDA
JULY 23, 2001 - 5:00 PM
For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301
Northeast loop 820.
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NUMBER ITEM ACTION
TAKEN
1. Discuss Items from Regular July 23, 2001 City Council
MeetinQ (5 Minutes)
2. IR 2001-097 Update on TEX-21 Activities and Membership Status (5
Minutes)
3. IR 2001-101 Review Options Regarding Drainage Projects at Iron Horse
Golf Course (20 Minutes)-(RandY Shiflet)
4. IR 2001-099 Discuss Possible Charter Amendment (10 Minutes)
5. IR 2001-100 Review the Northeast Family Fun Fourth Celebration (15
Minutes)
6. IR 2001-098 Review Final Legislative Report - 77th Legislature
(10 Minutes)
*Executive Session (45 minutes) - The Council may enter
into closed executive session to discuss the following:
a. Consultation with City Attorney Under Government
Code §551.071 - Report of Negotiations Case No. 01-
0017-2,NRH v. Rosina-Ludwig et al
7.
b. Deliberation Regarding Real Property Under
Government Code §551.072 - Consideration of Offer
on Property for Rufe Snow Expansion
c. Personnel Matters Under Government Code §551.074
- Fire Department
8. Adjournment - 6:50 pm POSTED
*Closed due to subject matter as provided by the Open Meetings Law. If f:l. ac~n i~
contemplated, it will be taken in open session. ~ " ~(e ("')
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Time
7/23/01
City Council Agenda
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CITY OF NORTH RICHLAND HILLS
CITY·COUNCIL AGENDA
JULY 23, 2001 - 7:00 PM
For the Meeting conducted at the North Richland Hills City Hall Council Chambers 7301 Northeast
Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or
action.
1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for
separate discussion.
2. The Council reserves the right to retire into executive session concerning any of the items
listed on this Agenda, whenever it is considered necessary and legally justified under the Open
Meetings Act.
3. Persons with disabilities who plan to attend this meeting and who may need assistance should
contact the City Secretary's office at 817-427-6060 two working days prior to the meeting so
that appropriate arrangements can be made.
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NUMBER ITEM ACTION TAKEN
1. Call to Order
2. Invocation -
Tommy Teague, North Richland Hills Baptist
Church
3. Pledge
4. Special Presentations
Proclamation - National Kids Day
Lisa Olvy, Northeast YMCA
Yard of the Month
5. Removal of Item(s) from the Consent Agenda
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NUMBER iTEM ACTION TAKEN
6. Consent Agenda:
a. Minutes of the Pre-Council Meeting
July 09, 2001
b. Minutes of the City Council Meeting July
09,2001
7. PS 2000-11 Consideration of the Final Plat of Forest Glenn
East Addition, Phase I Requested by Doug
Long on 43.63 Acres of Land Located in the
8500 Block of North Tarrant Parkway (Tabled
at the May 14 and Postponed at the June
11, and June 25, 2001 City Council
Meetinas)
8. PS 2000-27 Consideration of the Final Plat of Lot 1 R, Block
34 Holiday North, Section 7 by Ernest
Hedgcoth Consulting Engineers at the
Southeast Corner of Circle and Wynwood
Drives
9. PS2001-16 Consideration of the Replat of Lots 2R & 3R,
Block 3, Stoney Ridge Addition by Byron
Montgomery in the 7000 Block of Michael
Drive
10.PS 2001-18 Public Hearing to Consider the Final Plat of
Lots 1 R & 2, Block 1 Clifton Addition by Ernest
Hedgcoth Consulting Engineers at the
Southeast Corner of Amundson Drive and
Walter Road
11. PZ 2001-06 Appeal Request for Public Hearing to Consider
a Request by James M. Wilson for a Zoning
Change from R2 Single Family Residential to
PD Planned Development for the Expansion of
an Automobile Dealership Display Area at
4705 Susan Lee Lane - Ordinance No. 2554
(Postponed at the May 29, 2001 City
Council Meeting)
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NUMBER ITEM ACTION TAKEN
12. PZ 2001-15 Public Hearing to Consider the Request by
Sam Finlay Representing Silver Creek II
Norstar USA LLC for a Site Plan Revision to
an Approved PD-Planned Development for the
Silver Creek Apartments Phase II at 8359
Harwood Road (Planning and Zoning
Commission Postponed Request at their
July 12, 2001 Meeting)
13. PZ 2001-18 Public Hearing for Amendment to the Zoning
Ordinance by Revising Article 7
Communication Towers and Television
Receivers - Ordinance No. 2531
14. GN 2001-073 Approve Ordinance Regulating Temporary
Food Vendors at a Business - Ordinance No.
2561
15. PW 2001-014 Approve Change Order No. 1 for Drainage
Improvements at Iron Horse in the Amount of
to the Miscellaneous 2000 Street
Improvements
16. a) Citizens Presentation
b) I nformation and Reports
Adjournment
17.
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City Council Agenda
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR# 2001 - 097
Date:
July 23, 2001
Subject:
Update TEX-21 Activities and Membership Status
The City of North Richland Hills has been a participant of TEX-21 (Transportation Excellence for 21 sl
Century) since its inception nearly two years ago. At that time this initiative was spear headed by
several cities in the Dallas / Fort Worth area, primarily the City of Irving who partnered with a
transportation consultant to examine ways to improve transportation for the State of Texas, not just
one particular region. Since that time, TEX-21 has emerged as one of the most organized and active
lobbying groups for transportation in the State of Texas.
TEX-21 is essentially a state wide grass roots coalition of mayors, council members, county judges
and commissioners, city managers, transportation planners, Chamber of Commerce and private
business people that are focusing on improving transportation at the state level. In doing this it is
essential that Federal legislation as well as State legislation be changed in order to better serve the
citizens of Texas.
One example for this growing need to address the way transportation is handled in the State of Texas
is that over the last seven legislative sessions our state population has increased 37%. But the
number of traffic lanes has increased by just 2%. Our state population is expected to double from
. 16.5 million in 1990 to 30-35 million by 2025.
During this past legislative session TEX-21 was heavily involved in legislation effecting everything
from graduated drivers' licenses, to TxDOT participation, and toll roads. Although the results were
mixed most agree that TEX-21 was successful in its first legislative session amidst shrinking funds,
public education and redistricting.
Currently TEX-21 is working very hard at the federal level to look at ways to improve the funding
allocation not only from the fuel tax but as well as the discretionary funding for Texas. Also, TEX-21
and many other cities in North Texas host the Transportation Summit in August to focus on issues
such as; mass-transit, rail, air, and highways. Now that the group is getting more formalized and
attempting to affect legislation at a greater level the executive committee is now partnering with Dean
International to work on setting a very active course for the future, from public information, legislation
at state and federal level, as well as keeping all its member cities informed on transportation topics.
The executive committee of TEX-21 has approved a membership structure and based on North
Richland Hills population the annual membership fee is proposed at $10,000. It is expected that
many cities throughout the state will be participating. Over the past two years the city has not been
required to pay any membership due to the infancy of the organization. Now that TEX-21 has been
formalized its successes at the state level have been measured and we look for even greater things in
the future. We have placed the $10,000 membership fee in next year's budget but wanted to give a
brief update to the City Council on the background and what has been generated over the past two
years.
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2001-101
~ Date:
T Subject:
July 23, 2001
Iron Horse Golf Course Erosion Control Improvements
Status Report
The Deputy City Manager and Director of Public Works have met with managers of the
Golf Course and the consulting engineer to develop a plan to complete the erosion
control improvements that were identified in the Erosion and Sedimentation Control
Master Plan. The plan is summarized below:
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1. Drainaae Improvements alona Hole #1: (Agenda Item for Council's
Consideration>
The highest priority is to complete the drainage improvements along the south side
of hole #1. The design for these improvements is complete. Staff is investigating 2
options to get these improvements constructed. The first option is to negotiate a
change order to a current CIP project. Currently McClendon Construction Co. is
under contract to reconstruct 3 residential streets. Staff has forwarded the design
for the improvements to Mr. Dan McClendon to obtain a quote and timeframe to
include these improvements with his current City project. The other option is to bid
these improvements separately. Staff can begin the bidding process immediately if
it is determined that the change order is not the best option.
2. Construction of Bridges:
The construction of the bridges is the second highest priority in completing the
improvements identified in the Master Plan. Staff and the engineer have gone back
and "valued engineered" this part of the plan, and recommend grouping the 3 most
important bridges together as the "Base Bid". The bridge that will have the least
impact on the golf course and some gabion work around Tee Box #10 will be listed
as add/deduct alternate bids. This will assure the contractors that at least 3 of the
bridges will be installed at this time. Depending on the actual bid cost, the fourth
bridge and/or associated gabion work mayor may not be included at this time. An
on-site pre-bid conference will be held with bidders encouraged to attend. We will
also seek input from potential bidders to determine a reasonable timeline for these
projects. If Council concurs with this approach we can begin the bidding process
within 30 to 60 days. This will allow staff time to schedule the bid opening around
TxDOT's bid opening.
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3. Remainina Improvements:
The remaining improvements will be completed, as Golf Course revenues will allow.
The order of completion will follow the priority order outlined in the Master Plan. All
priority 1 projects will be completed before priority 2 projects. As previously
mentioned to council some priority 2 projects may be eliminated once the priority 1
projects are completed.
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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The City's consulting engineer, representatives from the Golf Course and City staff will
be available to answer questions.
Respectfully I
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Mike Curtis, P.E., Public Works Director
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2001- 099
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Date:
July 23, 2001
Subject:
Possible Charter Revision
At the goals retreat it was the consensus of Council to develop plans for a
Charter revision election that would primarily include three-year terms for Mayor
and City Council. The preference was to keep this a single issue for
consideration by the voters but there was also discussion of the possibility of
adding other items if it was determined that other changes needed to be made
relating to compliance with state or federal law.
While there may be a few areas of the Charter that could be considered for
possible "house-keeping" changes, we recommend that the Council provide staff
direction on calling the election at this time. Any other items for consideration can
be discussed later if consensus is to proceed with a revision election. If a
decision is made to proceed with the election for the length of terms then we will
be following up with options for implementation of this change, 'should the voters
approve the revision.
Staff has reviewed this and is ready to proceed based on Council consensus. In
order to have the election in November 2001, in conjunction with Tarrant County,
the election needs to be called at the August 13th Council meeting. This will allow
time for clearance from the Justice Department. We have attached a proposed
schedule to comply with the requirements to hold the election on November 6,
2001.
The basic language for the change would state that Article V, Section 3, of the
Charter be amended to provide for the Mayor and Councilpersons to be elected
for three (3) year terms. The exact wording and the implementation of the change
will be determined if a consensus is reached to proceed with the election.
We will be glad to discuss this with you and look forward to direction from Council
on this subject.
Respectfu lIy,
Rc
Randy Shiflet
Deputy City Manager
ISSUED BYTHE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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August 13
August 14
September 7
October 8
October 9
October 16
October 22
October 23
October 30
. November 2
November 6
Charter Amendment Election
November 6, 2001
Schedule of Events
City Council call the election for November 6, 2001
Request Pre-Clearance from US Justice Department
First day to apply for ballot by mail
Post Notice of Election
Last day to register to vote with the Tarrant County Registrar
First Publication of Notice of Election
Early Voting begins
Second Publication of Notice of Election
Last Day to Apply for Ballot by Mail
Last day of early voting
Election Day
Note: Election will be conducted jointly with Tarrant County for the Constitutional
Amendment Election. Tarrant County has not finalized the details of their
procedures for this election. They indicated that they would use our polling
locations with two setups - one for city election and one for state with two
separate ballots. We would use the judges and clerks that they appoint and
would follow their early voting hours. When we call the election, Council will also
need to approve a resolution authorizing the joint election with the County.
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2001-100
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Date: July 18, 2001
Subject: Review of Northeast Family Fourth Celebration
This year was the seventh year of the Northeast Family Fourth held at Tarrant County College
and sponsored by the cities of North Richland Hills, Richland Hills, Haltom City, Watauga,
Hurst, Keller and Colleyville.
There has been a steady increase in direct financial participation from area cities from .07 per
capita to the current .09 per capita financial commitment. During the past two years the City
of North Richland Hills has chosen to provide $5,000 additional funds to the minimum
commitment to provide for an improved event. In 2000 the North Richland Hills City Council
approved an additional $5,000 to extend the fireworks display as part of the millennium
celebration. In 2001 the City of North Richland Hills also increased direct financial funding by
$5,000 to provide for additional giveaways and entertainment. Area cities are providing about
50% of the Police and Fire staffing the day of the event with North Richland Hills providing
50% of Public Safety staffing. The City of North Richland Hills has traditionally taken the lead
in planning and preparation for the Northeast Family Fourth Celebration.
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Currently, most of the planning for the event come from North Richland Hills Economic
Development Department (Ashley Stathatos), Police Department (Sid Brown), Fire
Department (Dean Bray) and Tarrant County College. The 4th of July event typically runs
from 7:00 pm to 10:00 pm consisting of local music and festivities followed by a 30 minute
fireworks show. .
This year, approximately 40,000 people were at TCC and surrounding locations to view the
fireworks show. The Northeast Family Fourth continues to increase in size and has reached
a point in which staff needs City Council direction for continuing the event and seeking
support for staff assistance and funding from participating cities.
The Need for Increased Participation and Contribution: The primary planning and funding
for the event comes from the Economic Development Department with help from Police and
Fire for the event day. Tarrant County College staff has also been very helpful. To take the
event to a higher level, increased funds and staff support need to come from participating
cities. North Richland Hills has made a choice to increase participation and now needs similar
commitments from area cities to continue to make July 4th a premier Northeast Tarrant event.
Increasing Fireworks and Enlisting a National Band for July 4th Entertainment: In
comparing other area 4th of July events, the primary activities citizens look for is having a
major fireworks show and a nationally known band or entertainer. For the July 4th celebration
to be a premier event we need to offer a fireworks display equal or better than area cities and
bring in a national band or entertainer that would bring name recognition to the event.
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Changing the Location of the Northeast Family Fourth: Tarrant County College has been
an excellent location for the Northeast Family Fourth providing good access and visibility for
the cities of Northeast Tarrant County. If participating cities continue to support the event at
an equitable level, staff would recommend that the Northeast Family Fourth activities be
continued at Tarrant County College. However, if area cities decide not to sponsor the event,
staff would recommend that the 4th of July celebration become a North Richland Hills event
and be held at HomeTown NRH.
_ ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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Please see the attached documents which include a July 4th Survey of Area Cities and a
proposed plan for next years event.
Recommendation: Staff is recommending that the Northeast Family Fourth be continued at
Tarrant County College with increased support from area cities to provide for a larger
fireworks display and maior entertainment supportive of a premier Northeast Tarrant event.
Staff would recommend seeking additional funds for the event from area cities by increasing
their contribution from .09 per capita to .20 per capita. Staff is recommending that a letter
agreement be requested from all participating cities that stipulates minimum per capita
funding including financial support from business sponsorships and staff or volunteer support
the day of the event.
If area cities decide not to sponsor the event at a level of a premier Northeast Tarrant event.
staff would bring back a recommendation to scale back the event and look at moving to
HomeTown NRH with all promotional efforts focused on a North Richland Hills event rather
than Northeast Tarrant County.
The City Council listed the need for a formal policy and action plan for North Richland Hills
events at their recent retreat. Staff is proposing that the Northeast Family Fourth Celebration
and Christmas Tree Ceremony be considered primary events for the City of North Richland
Hills with full promotional efforts behind these events.
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Sincerely,
.~~~~A-
John Pitstick
Development Director
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Northeast Family Fourth Budget
2001 Budget Proposed 2002 Budget Cost Difference
Revenues
North Richland Hills $11,000 $11,250 $250
Hurst 3,621 $7,380 $3,759
Haltom City $3,625 $7,390 $3,765
Watauga $2,289 $4,420 $2,131
Keller $2,667 $5,260 $2,593
Colleyville $2,082 $3,960 $1,878
Richland Hills $887 $1,750 $863
Labor Cost - NRH $11,469 $11,469 $0
Labor Cost - Other CitieslTCC $7,665 $8,665 $1,000
Private Sponsorship $8,700 $15,000 $6,300
In-Kind Donations: Iron Horse/
NRH20 Tickets, Advertising and
Flyers, Banners, Toilets, Trash
Cans, Stages, Sound Systems,
. Generators, Tables and Chairs,
Tent, Booths, Decorations $23,900 $30,000 $6,100
Total $77,905 $106,544 $28,639
Expenses
Fireworks $22,500 $32,000 $9,500
Entertainment $8,160 $20,000 $11,840
Advertising $2,950 $3,000 $50
Toilets $1,000 $1,000 $0
In-Kind Donations: Iron Horse!
NRH20 Tickets, Advertising and
Flyers, Banners, Toilets, Trash
Cans, Stages, Sound Systems,
Generators, Tables and Chairs,
Tent, Booths, Decorations $23,900 $30,000 $6,100
Labor Cost - NRH $11,469 $11,469 $0
Labor Cost - Other CitieslTCC $7,665 $8,665 $1,000
. Total $77,644 $106,134 $28,490
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No, IR 2001-098
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Date: July 23, 2001
Subject Legislative Update
Attached is a report listing new legislation that will have some impact on operations in North
Richland Hills. Department directors reviewed the list of legislation that was passed during
the 7th session and determined what the anticipated impacts will be of city-related bills. The
attached report is a compilation of this information.
During the session legislators introduced 5,712 bills in the 2001 session and approved 1,621
of these. More than 1200 of the introduced bills were related to cities in some way. Roughly
150 of the approved bills are city related, and 23 of these are included in the attached report
as ones that will directly affect North 'Richland Hills. Other city related bills will likely affect us
indirectly at some point in the future.
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Legislation that failed included legislation introduced to increase the population threshold for
traffic signal maintenance on state highways from 50,000 to 100,000, which would have
prevented NRH from taking over such maintenance this year. As a result, we will take over
the maintenance and operation of all traffic signals on state highways within our city
beginning September 1 st. Public Works has revised their current year budget to reflect
maintenance costs in September, and the cost of maintenance for fiscal year 2001-2002 is
included in the proposed budget.
We look forward to reviewing this information with you Monday and answering any questions
you might have.
~~S~C~U:UD~
GrB§-·· ~
Managing Director of Community Services & Facilities
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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Impact of New Legislation on NRH
Bill Caption Effective Date Impact
HB197 Raised contract amount at 9/1/2001 Could change our
which city must seek a purchasing policies and
competitive bid from $15,000 to procedures accordingly
25,000. by increasing the
threshold amount to take
bid items to Council to
$25,0000
H B 1981 Amends Chapter 252 of local 9/1/2001 City could make this
government code providing that option available to all
a city may receive bids and vendors, but must not
proposals through electronic limit the ability of
transmission if the governing vendors to submit hard
body adopts rules to ensure the copy bids and proposals.
identification, security and Staff will work toward
confidentiality of the electronic implementing the
bids or proposals. technology to do this.
Policies and procedures
will need to be
developed to implement
this.
SB 221 Allows a city to use reverse 5/28/2001 The City may be able to
auction procedures to purchase use this capability on a
goods or services. Reverse limited basis as
auction is a procurement technology permits.
method through which a buyer Great care would need
receives, via the Internet, price to be taken to ensure
"bids" from potential bidders. that no bidders were
When bidding closes, the buyer excluded from the
pays the lowest price that was process.
bid.
SB510 Authorizes government entities 9/1/2001 Staff would need to
to use design-build procedures perform a cost benefit
for facilities, and also allows analysis on a project by
cities to award bids based bids project basis to
that provide goods and services determine if this would
at the "best value". be cost effective. Also,
policies and procedures
may need to be
developed with regard to
"best value".
SB248 Authorizes a property tax 1/1/2002 It is difficult at this time to
exemption for leased vehicles determine how many
that are not used for the automobiles would be
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purposed of producing income. leased in NRH for
personal use. If an
average lease is
$15,000, and 1000 autos
were leased for personal
use, the impact would be
about $85,000 per year
on property tax
revenues. Staff will need
to work with TAD to
make a closer estimate.
SJR6 Proposes and amendment to 1/2/2002 if Freeport exemptions for
the Texas Constitution which, if approved by NRH are $20 million per
approved by the voters in the voters in year. These translate to
November, will authorize the November. $114,000 in Property
legislature to exempt from However, the Tax Revenues. This is
property taxes, tangible enacting based on the current
personal property, other than oil legislation 175-day exemption. If a
and gas, that is located at a site was not proration is used based
not under control of the property passed this on the 270 day
owner for less than 270 days. session, so the exemption in this bill the
The exemption would be similar exemption will exemptions may
to the Freeport Exemption and only take affect increase to $30 million
would permit cities to authorize if future per year or more, having
taxation of such exempt goods legislation a current minimum effect
following a public hearing. approves the of an additional loss of
enactment $60,000 per year in
property tax revenues if
the enacting legislation is
passed in future
leqislative sessions.
SB407 Authorizes public entities, 4/9/2001 Funds were not
including cities, to borrow appropriated to this fund
money from the state during this session. If
infrastructure bank account for funds are appropriated in
certain transportation projects the future, Staff would
that are partially funded by need to study this
federal money. resource to determine
availability of funding
and restrictions or
requirements that may
be placed on these
funds. We would need to
compare this method of
financing with other
methods to determine
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which is most cost
effective.
SB201 Amends the Local Government 5/11/2001 As NRH provides these
Code to allow cities to provide collection services via
access to information and the internet, staff will
collect payments for taxes, need to assess the need
fines, fees, court costs, or other for fees to cover part or
charges on the Internet. Also all of the cost of these
authorizes the collection of a fee services. The same
for such services. analysis will be applied
to these costs of
services as are used to
determine the
reasonableness of all
current fees being
charged for services
throughout the City. This
bill makes it legal for
NRH to do this.
SB5 The Energy Bill - adopts the 9/1/2001 City will need to
energy chapter of the establish procedures for
International Residential Code the administration and
for all single family construction enforcement of the
and adopts the International codes, and to ensure
Energy Conservation Code for that code-certified
all other residential, commercial inspectors will perform
and industrial construction. Also, inspections. City will
requires all cities in EPA need to prepare and
nonattainment areas to implement and energy
implement an energy conservation plan with
conservation plan with the goal the goal of reducing
of reducing energy consumption energy consumption by
by 5% each year for five years, 5%.
and report efforts to State
Energy Conservation Office
each year.
SB365 Adopts the International 1/1/2002 Cities must establish
Residential Building Code as the necessary rules to
residential construction code for implement this law by
the State of Texas with the 1/1/2002. Provides for
exception of electrical some different building
installations. Adopts provisions codes than the ones
of the 1999 National Electrical currently in effect in
Code as the residential electrical NRH. Inspectors must be
code for the State of Texas. aware of differences
when conductinç¡ an
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inspection.
HB2437 Requires continuing education 9/1/2001 Six certified code
for code enforcement officers. enforcement officers will
be required to complete
the CE mandated by this
law.
HB2912 TNRCC Sunset - continues the 9/1/2001 Will have some impact
agency as the Texas on Environmental
Commission on Environmental Services, but should not
Quality. Enacts various changes impact operations of the
in aqency philosophy. department.
HB1362 Dangerous Wild Animals 9/1/2001 No impact. The City is
already in compliance
with regulations set forth
in this leqislation.
SB243 Impact Fees 9/1/2001 Will not have a monetary
impact, but appears to
change the reporting
period and the public
meeting procedure.
Public Works will just
need to make sure the
plan is updated every 5
years instead of every 3
years. This actually
reduces the number of
updates required.
SB108 Start of the school year 9/1/2001 This legislation calling for
school districts to start
the school year no
earlier than the week
containing August 21 st
each year (unless they
hold a public hearing to
opt out) will have a
substantially positive
effect on staffing,
attendance, revenues
and overall financial
performance of nrh20
water park and our
summer recreation
programs at the
Recreation Center and
Tennis Center.
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HB1739 Increases fines for failing to use 9/1/2001
child restraints in a vehicle. The
fine is raised from 25-50 dollars
to 100-200 dollars. The city
imposing the fine shall send 50
percent of the fine to the state
comptroller for the trauma
center fund. (Cities may now
retain 25-50 dollars; under this
legislation, they may retain 50-
100 dollars.)
A policy must be written
and implemented to
address those things
specified in the law. The
Police Department will
be required to gather
information that has not
been gathered in the
past when a citation is
written, arrest is made,
or search is initiated
resulting from a traffic
stop. A report will be
given to the City Council
each year based on
information collected.
There will be little to no
monetary impact.
This bill will affect the
collection of the court but
not effect revenues. We
will collect the additional
fine amount for the seat
belt violation, and one
time per year, must send
this additional fine
revenue to the State.
They will keep 50% of our
total fines for seat belt, but
since they are increasing
the minimum and
maximum fine by 100%,
this will not affect the
Courts revenues.
SB1074 Bans racial profiling by police 9/1/2001
officers. Requires that the
agency shall adopt a racial
profiling policy that defines the
term, establishes a complaint
procedure, requires corrective
action for an officers who
engages in racial profiling, and
requires the collection of
information and an annual report
to the governing body of the
agency.
HB2410 Allows a municipal court to 9/1/2001
waive the payment of delinquent
municipal court fines or court
costs if the court determines that
a defendant is indigent and that
payment of the fine or cost
through any of the alternative
methods of payment would
constitute an undue hardship on
the defendant
This should have little to
no impact on our
operation or revenues.
This accounts for less
than .01 % of our
defendants.
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S81371 Expands the provision of the 9/1/2001
Transportation Code that allows
a city to contract with the Texas
Department of Public Safety
(DPS) to deny the renewal of a
person's driver's license for
failure to appear in court, by
also allowing a city to contract
with DPS to deny renewal of a
driver's license for a person who
fails to payor satisfy a
judgement ordering payment of
a fine or court cost in municipal
court.
SB1377 Authorizes the state auditor to 9/1/2001
review each fund and account
into which court fees are
directed and determine whether:
(a) the money is being used for
the proper purpose, and (b) the
amount of the court cost is
appropriate.
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S81421 Raises from 25 cents to 50 9/1/2001
cents the municipal court fee
that funds the Center for the
Study and Prevention of
Juvenile Crime and Delinquency
at Prairie View A&M University,
and imposes a new 50-cent fee
for the operation of the
Correctional Management
Institute of Texas at Sam
Houston State University. This
bill will raise state court costs
and fees
S81681 Clarifies provisions of the Code 9/1/2001
of Criminal Procedure by
providing that in a misdemeanor
case punishable by a fine only,
payment of the fine constitutes a
written waiver of a jUry trial in
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If we choose to contract
with DPS to deny renewal
of a defendants drivers
license, this would or
could affect our revenues
positively by an estimated
$25,000 per year.
This will not effect us
since the accounts that
we have set up for state
fees and our specialty
fees Le., building security
fund, technology fee are
correctly being collected,
and held in separate
escrow accounts with
funds only being spent on
what is stipulated by
statute.
This will increase the base
fee of all citations from
$46.25 and $49.25 up to
$47.00 and $50.00 Since
this money is sent to the
State, it will require setting
up one additional account
with Budget and Finance,
and separating out our
General Ledger to allow
proper collection of these
funds.
The court changed all
forms and judgments last
year to include a space to
be signed by the
defendant waiving his/her
riqht to a JUry Trial. It is
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SJR49
the case.
Proposes an amendment to the
Texas Constitution which, if
approved by Texas voters in
November, will provide that if
the legislature enacts a bill that
consolidates municipal court
fees, all future fees must
conform to that consolidation.
The proposed amendment also
provides that any fee adopted in
the future may not take effect
prior to the following January 1,
unless the legislature approves
the fee by a two-thirds vote of
the elected members of each
house.
1/1/2002 if
approved by
the voters in
November
HB3178 Requires the executive director 9/1/2001
of a 4A or 4B corporation, and
either the city attorney, city
manager, or city clerk, to attend
biennial training seminars on 4A
and 4B laws. A corporation
could be fined $1,000 for not
receivinq the traininq.
S879 Provides that all elections (with 9/1/01
few exceptions) shall be held on
four uniform election dates: the
1 sl Satruday in February, the 1 sl
Saturday in May, the 2nd
Saturday in September, and the
1 sl Tuesday after the 1 sl Monday
in November.
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no longer necessary to do
so with this new
legislation. If payment is
received on a case, it can
now be considered a plea
and waiver of Jury Trial.
This has no effect on us at
this time, since the
Legislature is not
consolidating fees at this
time, and in the event they
do so in the future, then
new fees will be added
into the consolidated fees
instead of separate items.
It also gives Courts more
time to add new
fees/costs/fines to our
computer software since
they date of new
enactment would become
January 1 instead of
September 1 .
Staff will identify who
needs to attend the
training, and what type of
training will be offered
once this is determined by
the state.
Staff will ensure all
elections are held on
these dates per the law.
This includes bond
elections.
·
Special Presentations
Proclamation:
Presenter:
Recipient:
Reason:
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National Kids Day
Mayor and Council
Lisa Olvy, Branch Executive of YMCA on Davis Blvd.
National KidsDay is an annual day set aside specifically for adults
to celebrate and honor America's children. Boys and Girls Clubs
of America, 4-H, KidsPeace and YMCA united to launch this
national effort. National KidsDay will be August 5th.
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Y ARD-OF-THE-MONTH
July, 2001
AREA 1 Sharri Baker, 4000 Diamond Loch W.
Sherry Morgan, Judge
AREA 2 Bobby & Ann Kennedy, 4609 Deville
Helen Moore, Judge
AREA 3 Mark & Annette McClelland, 4816 Fairway Cr.
Cindy Hayes, Judge
AREA 4 Spike & Jayne Michaud, 5541 Shady Meadow
Betty and Marshall Siemer, Judge
AREA 5 No winner selected for this area
Portia Kidwell, Judge
AREA 6 Mike & Michelle Poirier, 6704 Brittany Park Ct.
Suzy Compton, Judge
AREA 7 Ken & Darin Rawls, 7201 Elmwood Dr.
Tracy Andrews, Judge
AREA 8 Marvin & Jill Smith, 7617 DouQlas Ln.
Scott Wood, Judge
AREA 9 Rob & Donna Givens, 8512 Grandview
Theresa Hampton, Judge
BUSINESS LANDSCAPE None Selected
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Present:
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ITEM
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 - JULY 09, 2001 - 5:45 P ,M.
CALL TO ORDER
DISCUSS ITEMS
FROM REGULAR
JULY 09, 2001 CITY
COUNCIL AGENDA
IR 2001-092
REVIEW
DIRECTION OF
COUNCIL
REGARDING
DEVELOPMENT
PLAN FOR
HUGGINS HONDA--
FROM MAY 29
Charles Scoma
Russell Mitchell
Lyle E. Welch
Frank Metts, Jr.
JoAnn Johnson
David Whitson
Joe D. Tolbert
T. Oscar Trevino, Jr.
Larry J. Cunningham
Randy Shiflet
Steve Norwood
Greg Vick
Patricia Hutson
Alicia Richardson
Rex McEntire
Mike Curtis
Mike Wa"lker
Larry Koonce
John Pitstick
John Lynn
Andy Jones
Patrick Hillis
Vickie Loftice
Pam Burney
Steve Brown
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilwoman
Councilman
Councilman
Councilman
City Manager
Deputy City Manager
Assistant City Manager
Managing Director Community Services
City Secretary
Assistant City Secretary
Attorney
Public Works Director
Public Works - Assistant Director
Finance Director
Director of Development
Assistant Police Chief
Fire Chief
Human Resources Director
Parks & Recreation Assistant Director
Environmental Services Director
Library Director
DISCUSSION
ASSIGNMENT
Mayor Scoma called the meeting to order at
5:46 .m.
None
Mr. John Pitstick advised Council that Mr. Ron
Huggins and Mr. Ernest Hedgecoth would be
presenting Council with Huggin Honda's
proposal for expansion.
Mr. Huggins provided Council with a proposed
development plan. Mr. Huggins advised Council
that the Wilson's property would tie in with lot 12
(west side of Susan Lee), and that lots 6, 7 (east
side of Susan Lee, 24, 25, and 26A west side
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ZONING CASE PZ
2001-06
IR 2001-091
UPDATE ON
IMPACTS OF THE
STORMWATER
MANAGEMENT
PROGRAM
REQUIREMENTS
Pre Council Minutes
July 09, 2001
Page 2
of Nancy Lane) are currently in the process of
closing.
Councilman Trevino advised Council and Mr.
Huggins that his motion included a development
plan because of the variances being requested
by Mr. Huggins. Councilman Trevino was
concerned that Mr. Huggins would be
requesting more variances with each lot he has
attained.
Councilwoman Johnson asked Mr. Huggins how
long would his recent acquisitions take him into
the future.
Mr. Huggins advised Council that the recent
acquisitions would take care of his immediate
needs. However, if another opportunity (lot)
becomes available along Susan Lee he will look
into the possibility of purchasing lot.
Council consensus was that the plans for
development of Huggins Honda addressed the
re uest of Council. J. Pitstick
Mr. Mike Curtis presented Council with a
powerpoint presentation summarizing the
Stormwater Management Plan - Phase II.
The minimum EPA requirements for the City of
North Richland Hills are:
(1) Public Education & Outreach
Educate the public to improve compliance
Distribute educational material
- Target toward groups or stakeholders
- Determine measurable goals
(2) Public Involvement
Build support through public format
Public meetings
Determine measurable goals
(3) Illicit Discharges
Pre Council Minutes
July 09, 2001
Page 3
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Eliminate stormwater pollutants
Outfall and system topographical map
Ordinances with enforcement
Detection and elimination plan
Dumping program
(4) Construction Site Stormwater
Reduce sediment discharges
Sites of one or acre or larger
Ordinances with enforcement
Construction waste disposal
Plan review and site inspections
(5) Post Construction Stormwater
Reduction of pollutants and physical impacts
of new development
Ordinances with enforcement
Plan review and site inspections
Determine measurable goals
(6) Municipal Operations
Reduce the impacts of poor operations and
practices
Program to reduce pollution from
maintenance operations
street and highway pollution
waste disposal
Determine measurable goals
EPA estimates the cost to be $6.00 - $9.00 per
household, which would possibly be a total
amount cost of $130,000 - $207,000.
Mr. Cunningham advised Council that one part
of the requirement (grid maps) is being
ro osed for next ear's bud et.
M. Curtis
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IR 2001-090
DISCUSSION OF
PROPOSED
ORDINANCE FOR
TEMPORARY
FOOD VENDORS
Pre Council Minutes
July 09, 2001
Page 4
Ms. Pam Burney informed Council that the
current ordinance does not address temporary
food vendors. The proposed ordinance will
regulate and permit temporary food vendors to
operate in North Richland Hills as follows:
Business be required to have a minimum of
10,000 square feet to qualify
Permit to be issued to the business and not
the vendor
Require that vendor be located within 10
feet of the front of the business and not block
fire lanes, parking spaces or ingress and
egress of business
Allows business to have up to two (2)
events a month, each event to be no more
than three (3) consecutive days and that the
events be at least four (4) consecutive days
apart
Allows for no more than one vendor per
event
Requires that food vendor comply with all
regulations pertaining to temporary events
Sets the permit fee at $50.00 per event to
be obtained by the business which is in
accordance with the current ordinances fees
for temporary event permits
Requires the food vendor to remove the
equipment at the end of each day of
operations and provide approved
commissary information before permit is
issued
Requires that temporary food vendors only
be permitted in Commercial, Retail and
Industrial zoned areas of the city
Councilman Whitson asked Ms. Burney if this
proposed ordinance would apply to charitable
organizations.
Ms. Burney advised Council that charitable
organizations fall under the current ordinance.
Councilman Metts asked if the 10-foot
requirement would encroach on the fire lane.
Councilman Welch wanted staff and legal to be
sure there are no loopholes in the ordinance
that would set the cit u for discrimination
Pre Council Minutes
July 09, 2001
Page 5
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lawsuits.
Councilwoman Johnson questioned why staff is
limiting the temporary vendors to two (2) events
a month.
Ms. Burney advised Council the proposed
ordinance before them tonight is merely
suggestions from staff. The ordinance is
presented for Council review and suggestions.
Mayor Pro Tem Mitchell inquired if a business
that is located within a plaza strip would be
allowed to obtain a temporary food vendor
permit. Mayor Pro Tem Mitchell believes that an
individual occupant of a plaza strip should have
the same ability to obtain a temporary food
vendor permit.
Mr. Pitstick advised Council the wording could
be changed to read "a minimum of 10,000
continuous square feet".
Mayor Pro Tem Mitchell would like to include in
ordinance the requirement that food vendors be
citizens of North Richland Hills.
Councilman Trevino inquired about the health
and safety aspect of the temporary food
vendors.
Ms. Burney advised Council that the
Environmental Services Health Inspectors would
inspect the vendors after a permit is issued to
ensure compliance.
Councilman Metts asked staff to define the term
"day" specifically as it relates to item 5C.
Councilman Metts said there are some stores
that stay open 24 hours.
Councilman Tolbert suggested that 1A be
clarified as to what the minimum of 10,000
square feet would include.
Councilman Tolbert inquired about 2C.
Councilman Tolbert wanted to know if the time
outlined in 2C was between issuance's.
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IR 2001-093
DISCUSS
CHRISTMAS
EVENT LOCATION
AND TREE
OPTIONS
Pre Council Minutes
July 09, 2001
Page 6
Ms. Burney advised Council it was between
permits.
Staff advised Council they would bring the
temporary ordinance with suggestions of
Council for action at the July 23 City Council
meetin . P. Burne
Ms. Burney advised Council that the Christmas
Committee looked at three other options for the
Christmas festivities due to the Rufe Snow
Bridge project. The three locations were the
current location at the Library, Mid-Cities Fire
Administration, and the NRH20 parking lot. In
assessing the locations the committee
considered the following:
Parking
Electrical Availability
- Outdoor Lighting
Interruption of Services
- Costs
Christmas Tree
Exposure to Public
Safety
Special Event Space
- Adequate Crowd Space
The committee is recommending the Mid-Cities
Fire Administration Building because it is
centrally located and has excellent visibility from
Mid-Cities Boulevard. The committee liked the
open green space, trees and the adjacent
pavement areas. Electrical needs for
entertainment and stage lights could be
accessed from the fire truck bay area and power
needed for the tree would come from relocating
the electrical panel from the Library. The city
can use Kimberly Clark parking lot and one side
of Tecnol Boulevard for overflow parking.
This location would require the purchase of an
artificial tree with a cost of approximately
$16,000.
Current location at the Library has presented
parking challenges. Parking will be even more
troublesome with the growth in attendance. The
Libra will lose arkin 5 aces due to the Rufe
e
Pre Council Minutes
July 09,2001
Page 7
Snow Bridge project. The Library and
Recreation Center would need to be closed in
order to allow for event parking. If the event
were to be moved the Linda Spurlock tree would
still be lighted and decorated.
NRHzO parking lot was considered primarily
because of their ample parking. However, the
green space adjacent to Grapevine Highway is
too narrow for the proposed 40' Christmas tree.
In addition to being close to Grapevine Highway
the tree would not be secure from mischief at
NRHzO. The committee felt the Christmas tree
would be identified as the NRHzO tree and not a
City of North Richland Hills tree.
It is the recommendation of the committee that
the "Night of Holiday Magic" Christmas event be
moved to the Mid-Cities Fire Administration
Building and that the 40' Christmas tree be
purchased.
Council consensus was to move the Christmas
event to the Mid-Cities Fire Administration
Building and that staff purchase the 40' P. BurneyN. Loftice
Christmas tree.
ADJOURNMENT Mayor Scoma announced at 6:47 p.m. that the
Council would adjourn to the regular City
Council meetinq.
Charles Scoma - Mayor
ATTEST:
Patricia Hutson - City Secretary
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MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 - JULY 09,2001 -7:00 P.M.
1.
CALL TO ORDER
Mayor Scoma called the meeting to order July 09,2001 at 7:00 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
Patricia Hutson
Alicia Richardson
Rex McEntire
City Manager
Deputy City Manager
Assistant City Manager
Managing Director of Community Services
City Secretary
Assistant City Secretary
Attorney
2.
INVOCATION
Junior Girl Scout Troop #1224 led the invocation
3.
PLEDGE OF ALLEGIANCE
Junior Girl Scout Troop #1224 led the pledge.
4.
SPECIAL PRESENTATIONS
PROCLAMATION - JULY NATIONAL PARKS AND RECREATION MONTH
Councilman Trevino presented Jim Browne with a proclamation recognizing and
honoring the parks in North Richland Hills.
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City Council Minutes
July 09, 2001
Page 2
RECOGNITION - OUTSTANDING AGENCY OF THE YEAR PRESENTED TO ANIMAL
SERVICES
Mayor Pro Tem Mitchell introduced and presented Don Sharp, Animal Services
Supervisor with a certificate of recognition. Mr. Sharp introduced staff from the Animal
Services Center:
Animal Services Officers - Candi Henderson, Debi Martinez, Mary Beth Harvey, and
Roger Krone
Animal Services Clerk - Chun Mezger
Shelter Attendants - Donna Patterson, Julie Wilkerson, and Chrissy Baloga
CERTIFICATE OF RECOGNITION - RACHEL JOYNER
Fire Chief Andy Jones and Councilman Welch presented Ms. Rachel Joyner with a
certificate of recognition and a plaque for her outstanding and heroic actions. Ms.
Joyner helped to alert neighbors of a blaze in their apartment complex.
5.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
6,
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A. MINUTES OF THE PRE-COUNCIL MEETING JUNE 25, 2001
B, MINUTES OF THE CITY COUNCIL MEETING JUNE 25, 2001
C. GN 2001-066 - RENEW INDEMNIFICATION OF NORTH HILLS MALL FOR
THE CRITTER CONNECTION - RESOLUTION NO. 2001-041
D. GN 2001-067 - 2001 LOCAL LAW ENFORCEMENT BLOCK GRANT -
RESOLUTION NO. 2001-039
E. PAY 2001-003 -APPROVE FINAL PAYMENT IN THE AMOUNT OF $195,391.25
TO KENKO, INC. FOR THE WASTEWATER SYSTEM REHABILITATION,
CONTRACT "A"
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July 09, 2001
Page 3
F, PAY 2001-004 -APPROVE FINAL PAYMENT IN THE AMOUNT OF $16,722,20 TO
CORROSION ELIMINATORS, INC. FOR THE JOHNSON GROUND STORAGE
TANK
Mayor Pro Tem Mitchell moved, seconded by Councilman Trevino to approve the
consent agenda.
Motion to approve carried 7-0.
7.
PS 2000-55-CONSIDERATION OF FINAL PLAT OF LOTS 41R AND 42, BLOCK 10
BRANDONWOOD ESTATES PHASE /I BY OWEN LONG & ASSOCIATES AT THE
SOUTHEAST CORNER OF SHADY GROVE AND SMITHFIELD ROADS
APPROVED
Mr. Doug Long presented his request.
Mr. John Pitstick, Director of Development, addressed the request as it relates to city
codes and ordinances. Mr. Pitstick advised Council a Traffic Impact Analysis was
requested and submitted with this plat and the accompanying zoning request. City staff
is satisfied with the applicant's response to issues identified in the analysis. The
Comprehensive Plan indicates Neighborhood Service uses for the site. The proposed
plat is in conformance with the plan. The Planning and Zoning Commission
recommended approval of PS 2000-55.
Councilwoman Johnson moved, seconded by Councilman Tolbert to approve PS 2000-
55 as recommended by the Planning and Zoning Commission.
Motion to approve carried 7-0.
8.
PZ 2001-13-PUBLlC HEARING TO CONSIDER THE REQUEST BY GREGORY
JONES FOR A ZONING CHANGE FROM C-1 COMMERCIAL TO PD PLANNED
DEVELOPMENT FOR ALL C-1 USES INCLUDING A CHILD ENRICHMENT SCHOOL
IN THE 7800 BLOCK OF SHADY GROVE ROAD - ORDINANCE NO. 2560
APPROVED
Mr. and Mrs. Gregory Jones presented their case and were available for questions from
Council.
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July 09, 2001
Page 4
Mr. John Pitstick, Director of Development, addressed the request as it relates to city
codes and ordinances. Mr. Pitstick advised Council the following were requested
variances:
Requesting a variance from Section 520C of the Zoning Ordinance, which
requires all requests for PD Planned Development to be a minimum of 4
acres in size. Applicant's site is approximately 2.0 acres in size.
Requesting a variance from Section 606 of the Zoning Ordinance, which
requires buildings over 10,000-sq. ft. and located within a commercial district
have articulated building façade.
The Planning and Zoning Commission recommended approval with the following
stipulations:
· North building elevation (facing Shady Grove Road) be a combination of brick
and stone materials.
· All pole lights indicated on the plan to be ground lights.
· No 175 watt light(s) to be located on the east side of the building. No lights to
shine into adjacent residential areas.
· Screening fence around the pool to be wrought iron-type with brick columns.
· All lighting around the pool to be mounted on the brick columns of the
screening fence
Councilman Trevino inquired why staff did not tie the PD request use to only be for a
child enrichment school.
Mr. Pitstick advised Council they could make that stipulation.
Councilman Tolbert asked if the applicant was in compliance with Planning and
Zoning's stipulations.
Mr. Pitstick advised Council applicant complied with stipulations except for the lights.
The applicant did not have the lights on the elevation plan.
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.
Councilman Trevino moved to approve PZ 2001-013 and Ordinance No. 2560 as a PD
for child enrichment school per current plans with detail of ground level lighting to be
approved by staff. Councilman Metts seconded the motion.
Motion to approve carried 7-0.
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July 09, 2001
Page 5
9.
GN 2001-068-APPOINTMENT OF 2001 LOCAL LAW ENFORCEMENT BLOCK
GRANT BOARD - RESOLUTION NO. 2001-040
APPROVED
Assistant Police Chief John Lynn advised Council the city is beginning the formal
process of applying for the 2001 Local Law Enforcement Block Grant. One requirement
is the establishment and appointment of a Local Law Enforcement Block Grant
Advisory Board. Staff is recommending the following to be appointed to the advisory
board.
Local Police Department
Local Prosecutor's Office
Local Court System
Local School System
Tom Shockley
Mike McEntire
Ray Oujesky
Mike Fritz
Police Chief
Prosecuting Attorney
Municipal Court Judge
Dir. of Transportation,
BISD
Member, Citizens' Police
Academy Association
Alumni
Local Community Group
Active in Crime Prevention
Liza Dier
Councilman Metts moved, seconded by Councilman Tolbert to approve GN 2001-068
and Resolution No. 2001-040.
Motion to approve carried 7-0.
10.
GN 2001-069-APPROVE ADDITIONAL MARKET ADJUSTMENT FOR
COMMISSIONED POLICE OFFICERS AND FIREFIGHTERS
APPROVED
Human Resources Director Patrick Hillis summarized item for Council.
Councilwoman Johnson moved to approve GN 2001-069 a 3.76% market adjustment
increase to the commissioned Police and Fire pay plans effective the first payroll period
beginning August 2001. Councilman Welch seconded the motion.
Motion to approve carried 7-0.
11.
GN 2001-070-APPOINTMENTS TO CIP COMMITTEE
APPROVED
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July 09, 2001
Page 6
Mayor Scoma advised Council of his intent to have Mayor Pro Tem Mitchell replace
Don Phifer to the CIP Committee.
Councilwoman Johnson moved to appoint Mayor Pro Tem Mitchell to the CIP
Committee. Councilman Whitson seconded the motion.
Motion to approve carried 7-0.
12.
GN 2001-071-APPOINTMENTS TO ALTERNATE POSITION ON THE LIBRARY
BOARD, PARK AND RECREATION BOARD, PLANNING & ZONING COMMISSION
AND CAPITAL IMPROVEMENT ADVISORY COMMITTEE
APPROVED
Mayor Scoma nominated the following alternates:
Library Board
Alternate
Craig Zemmin
term expiring 6/30/2002
Park and Recreation Board
Alternate John Pen a
term expiring 6/30/2002
Planning & Zoning Commission and Capital Improvement Advisory Committee
Alternate Don Pultz term expiring 6/30/2002
Mayor Pro Tem Mitchell moved to appoint the nominations as read. Councilman Welch
seconded the motion.
Motion to approve carried 7-0.
13,
GN 2001-072-APPOINTMENTS TO CIVIL SERVICE COMMISSION
APPROVED
Mayor Scoma nominated the following to the Civil Service Commission:
Place 1
Place 2
Place 3
Place 4
Alternate
Alternate
Sally Hackfeld, term expiring 6/30/2002
Bill Baker, term expiring 6/30/2002
Bill Fenimore, term expiring 6/30/2003
Thomas Peterson, term expiring 6/30/2002
Robert Marks, term expiring 6/30/2002
Smitty Clevenger, term expiring 6/30/2002
Mayor Pro Tem Mitchell moved to appoint the nominations as read. Councilman
Whitson seconded the motion.
City Council Minutes
July 09, 2001
Page 7
e
Motion to approve carried 7-0.
14,
PU 2001-031-REJECTING BIDS FOR IRON HORSE GOLF COURSE
IMPROVEMENTS
APPROVED
Mr. Mike Curtis advised Council at their February 28, 2000 City Council meeting they
approved PW 2000-09 which addressed problems at Iron Horse Golf Course. In order
to address the problems the following improvements were identified.
1. Construct four (4) 2-way bridges (12-feet wide) which span from
approximately 60' to 100' at key low water crossings.
2. Construct a total of approximately 225 feet of low height gabion retaining wall
and a total of 130' feet of 10' to 12' high gabion retaining wall.
3. Provide erosion repair and extend a concrete apron at one of the low water
crossings.
e The construction budget for this project was $475.000.
In addition to the improvements. staff included some drainage improvements along
Hole #1 estimated at $20,000 - $30,000.
Staff is recommending that Council reject the three (3) bids from the contractors and
break down the project into smaller projects.
Councilman Trevino voiced his concern with breaking the project into smaller projects
because it may result in bids coming in higher. Councilman Trevino advised that staff
needs to be careful when breaking down projects and coherent of TxDOT's letting
dates for projects.
Councilman Tolbert asked how staff arrived at the figure of $475,000.
Mr. Curtis advised Council the amount was determined by a study conducted of the golf
course.
Councilman Tolbert asked staff why the study amount came in so much lower than that
of the lowest bid from AUI General Contractors.
Mr. Curtis advised Council there were a few reasons for the difference between study
amount and bid amount. The golf course and staff decided not to include surveys, the
channel bottom was 5 to 6 feet deeper than anticipated, which in turn called for a taller
gabion, bids were taken at a bad time, engineer underestimated the cost of putting in
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July 09, 2001
Page 8
bridges, turnover at the golf course, and current golf course staff concerned with
preserving existing landscaping. Mr. Curtis advised Council that staff could move
forward with the improvements at Hole #1 immediately.
Councilman Tolbert mentioned that the citizens located by hole #1 have been
inconvenienced for a long time and that he is happy to see that staff is making it a
priority.
Councilman Tolbert asked staff for a timeline for the remaining items.
Deputy City Manager Randy Shiflet advised Council that the specs for Hole #1 are
ready for bid this month. Mr. Shiflet anticipates that this project could be complete by
the end of the summer. The bridges would be second in the timeframe to be
completed. Mr. Shiflet acknowledged that the project was hurt when staff did not
include a pre-bid meeting on site.
Mr. Curtis advised Council that bridge #3 is a priority and that staff will get an estimate
for all four bridges.
City Manager Larry Cunningham advised Council he would have Mr. Shiflet give
Council an update at July 23 Pre-Council meeting. The update will include the time line
for the projects and how the project will be broken down into smaller projects.
Council consensus was to proceed with Hole #1 and have staff update Council at the
July 23 Pre-Council meeting.
Councilman Trevino moved to reject all bids and have staff bring back different bid
options to Council. Councilwoman Johnson seconded the motion.
Motion to approve carried 7-0.
15,
A. CITIZENS PRESENTATION
None.
B. INFORMATION AND REPORTS
~ July 10 - Masterworks Series at the Library
Harms Marionettes performing at 7:00 p.m.
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City Council Minutes
July 09, 2001
Page 9
~ Summer Reading Program
Call 817-427-6800 for details
~ July 13 - 14
NRH Junior Championship Major Zone
Richland Tennis Center
~ July13
Dive in Movie at 9:00 p.m.
102 Dalmations
NRH20 Family Water Park
16,
ADJOURNMENT
Mayor Scoma adjourned the meeting at 8: 12 p.m.
Charles Scoma - Mayor
ATTEST:
Patricia Hutson - City Secretary
J
.
.. .
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department Council Meeting Date: 7/23/01
Subject: Consider the Final Plat of Forest Glenn East Addition, Agenda Number: PS 2000-11
Phase I requested by Doug Long on 43.63 acres of land located in the 8500 Block of
North Tarrant Parkway
CASE SUMMARY
Doug Long has submitted a plat application on property zoned "R-2". The Development
Review Committee has reviewed the plat for compliance with the Subdivision Rules and
Regulations. The plat substantially complies with both the Zoning Ordinance and the
Subdivision Ordinance. The following issues, however, have not been resolved with this
plat request.
Public Works (see attached memo):
· This project will involve Corps of Engineers authorization including certain conditions
for approval. The Public Works Department has no record of these conditions having
been met;
· Signed easements for off-site sanitary sewer mains and drainage improvements were
requested prior to forwarding this plat to P&Z. These signed easements have not been
received;
· A Channel Maintenance Agreement and a Homeowners Association Agreement
responsible for maintenance of the channel were requested prior to the current plat
submittal. Neither agreement has been submitted to staff for review;
· The proposed driveway approach on Lot 40 does not meet the City's spacing
requirement. A site plan and Traffic Impact Analysis have not been submitted to staff
for review;
· The developer has dedicated a 200' wide strip of land from Precinct Line Road to the
western city limit line. The applicant has requested a waiver of escrow and
construction requirements for their portion of North Tarrant Parkway (the Planning and
Zoning Commission supports this waiver).
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other - ~
~ct2~
Account Number
Sufficient Funds Available
Finance Director
Department Head Signature
PS 2000-11 Forest Glenn East
Page 1 of 2
CITY OF
NORTH RICHLAND HILLS
Comprehensive Land Use Plan
· The northern portion of the plat is shown as open space on the Comprehensive Plan.
This area is a tributary of Little Bear Creek. It is shown as a portion of single family lots
on the plat and is to be dedicated as a 50' wide drainage easement. The Little Bear
Creek Committee supports the removal of the open space designation on the
Comprehensive Land Use Plan.
Other:
· This final plat was submitted on March 3, 2000 and is therefore not under the
requirements of the Tree Preservation Ordinance.
· The plat is exempt from the parkland dedication ordinance.
RECOMMENDATION:
The Planning and Zoning Commission at their meeting on April 12, 2001, recommended
by a vote of 6 to 0 to approve PZ 2000-11 subject to meeting the staff engineering
comments before taking the plat to the City Council for consideration. The commission
agreed that the escrow money for North Tarrant Parkway should be waived.
The applicant originally requested that this plat be placed on the May 14, 2001 City
Council Agenda for consideration. As a result of unresolved issues (as noted) and the
Commission's vote to resolve these issues prior to placing the plat on the Council's
agenda, the plat is not ready for consideration. The 30-day rule for plat approval begins
once the Planning and Zoning Commission has made a recommendation for approval.
The 30-day clock on this plat would have ended on May 1 ih, however, the applicant
submitted a written request to place the plat on the May 14th City Council Agenda. Any
additional postponement will require an additional written request from the a~plicant or the
plat would be automatically approved based on inaction. At the May 14t City Council
meeting a letter was received requesting that Forest Glen East be placed on the June 11,
2001 meeting. Staff has since received letters from the applicant requesting that this item
be postponed until July 23rd and most recently to the August 27, 2001 City Council
meeting.
Staff is recommending that PS 2000-11 Final Plat of Forest Glenn East, Phase I be
denied at this time because of the legal concerns over the 30-day rule for plat
approvals and concerns over not having Corps of Engineers approval for
designation of flood plain preservation areas,
CITY COUNCIL ACTION ITEM
PS 2000-11 Forest Glenn East
page 2 of 2
'.
.
.
.
Owen D Lon,&AssociQtes
817 2814934
p.e1
Owen D- Long and Associates, Inc.
CONSULTING ENGINEERS
July 13 > 2001
MIs Cathy Horton
Zoning Administor
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Re: PS 2000~ 11 Final Plat
Forest Gleim East Addition
Phase I
Dear Cathy;
Ptease remove ollr Final Plat of Forest Glenn East Addition, Phase I ftom the city council
agenda of July 23,2001 and reschedule the Final Plat of Forest Glenn East Addition Phase I for
approval on the city council agenda of August 27,2001.
If you have a.ny questions please give me a call.
Sincerely,
~¡¿~/f!~
MOL/cfs
cc: John W. Barfield
1615 Precinct Line Road ~ Suite 1061 Hurst, Texas 76054/ Phone (817) 28]-8121 - Fax (817) 281-4934
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Public Works / Administration
. CITY OF NORTH RICHLAND HILLS
.
.
May 4, 2001
MEMO TO: Dave Green, Planner
FROM: Julia W. Skare, Senior Staff Engineer
SUBJECT: FOREST GLENN EAST ADDITION, PHASE I, PS2000-11
Planning and Zoning (P & Z) recommendation to City Council stated, "The staff
engineering comments should be met before taking the plat forward to the City Council".
The following items were included in the staff comments to P & Z and have not Ðeen
met.
CORP OF ENGINEERS (COE) The memo to the Planning and Zoning Commission
regarding this plat included the following item: "The Corp of Engineers letter dated
December 18, 2000 indicates"... this project will involve activities subject to the
requirements of Section 404. Therefore, it will require Department of the Army
authorization." It also states, "We have determined that this project is authorized by
nationwide permit 39 for Residential, Commercial and Institutional Developments." It
goes on to list conditions. Public Works records do not indicate these conditions have
been met. This will need to be resolved with the next submittal."
Public Works has received a copy of a letter from Mr. Keith Bradley to the Corp of
Engineers requesting modifications to the conditions in the December 18 letter. Public
Works has not received a response from the Corp indicating acceptance to these
revised conditions.
OFFSITE EASEMENTS The plans proposed offsite sanitary sewer mains and drainage
improvements. Signed easements were requested prior to forwarding the plat to P & Z.
The signed easements have not been provided to Public Works.
CHANNEL MAINTENANCE AGREEMENT The memo to the Planning and Zoning
Commission regarding this plat included the following item: The signed channel
maintenance agreement needs to be included with the next submittal. The
Homeowners Association Agreement also needs to be included. The Agreement
should include, but not limited to: By-Laws, Declaration of Covenants, Conditions and
Restrictions and Articles of Incorporation. The maintenance of the channel "drainage
easement" should be dearly indicated. The agreements have not been provided.
The following items were also induded in the P & Z recommendation.
DRIVEWAY APPROACHES The Planning and Zoning Commission recommended a
right in-right out approach on Lot 40, maximum of 75 feet from the west property line to
P,O. Box 820609' North Richland Hills, Texas' 76182-0609
7301 Northeast Loop 820 . 817-427-6400' FAX 817-427-6404
"
.
.
.
~
Forest Glenn East AdditIon, Phase 1
Page 2 of 2
May 4, 2001
the center of the approach. This approach does not meet the City's spacing criteria of
500 feet. A site plan and Traffic Impact Analysis have not been submitted to staff for
review. The proposed residential streets accessing to North Tarrant Parkway were
approved during the preliminary plat application in 1999.
NORTH TARRANT PARKWAY The memo to the Planning and Zoning Commission
regarding this plat included the following item: "Normally, the developer is responsible
for constructing one half of the proposed street. Hovvever, staff will inform P & Z
Commission that the developer dedicated a 200 feet wide strip of land from Precinct
Line Road to the western City limit line of North Richland Hills." The applicant has
requested a waiver of the escrow and construction requirement for their portion of the
street. The Planning and Zoning Commission is in support of the developers request.
;.
J
W. Skare, P ., Senior Staff Engineer
JWS/pwm2001-061
cc: Mike Curtis, P. E., Public Works Director
...,~
.1
.
CITY OF
NORTH RICHLAND HILLS
Department:
Planning & Inspections Department
Council Meeting Date: 7/23/01
Subject: Consider the request of Earnest Hedgcoth Consulting Agenda Number: PS 2000-27
Engineers for approval of the Final Plat of Lot1 R, Block 34, Holiday North Addition,
Section 7 located at the southeast corner of Circle and Wynwood Drives
CASE SUMMARY:
Earnest Hedgcoth has submitted a plat application on property zoned R-2. The purpose of
the plat is to reflect revised R.O.W. dedication boundaries for both Circle and Wynwood
Drives. The additional R.O.W. dedication as shown on the plat was filed by separate
instrument with Tarrant County. The Development Review Committee has reviewed the
plat for compliance with the Subdivision Rules and Regulations. The plat complies with
the Zoning Ordinance and the Subdivision Ordinance.
Attached are two plat comments from the Public Works Department. Staff feels that these
items have been addressed and there is no need for a response from the applicant.
1. Floodplain A portion of this property is located in the FEMA designated 100-
year floodplain. A drainage easement is being dedicated with this
plat to contain the 1 OO-year floodplain.
2. Drainage A drainage plan has been included in the approved plans. A site
specific Engineered Grading Plan will need to be submitted and
approved prior to or with issuance of the building permit.
Comprehensive Plan:
The Comprehensive Plan indicates residential uses for the site. The proposed plat is in
conformance with this depiction.
RECOMMENDA TION:
The Planning and Zoning Commission at their meeting on July 12, 2001, recommended
approval of PZ 2000-27 by a vote of 7 to 0 subject to the following stipulation:
· Provide a finished floor elevation for structures.
To approve PS 2000-27 as recommended by the Planning and Zoning Commission.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
-.J~ ~
Account Number
Sufficient Funds A va¡lable
Finance Director
Department Head Signature
L:\Cases\PS Cases\2001 Plats\ps2000-55 Brandonwood CC sum.doc
Page 1 of 1
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PS 2000-27
CONSIDERATION OF THE FINAL PLAT OF LOT 1 R, BLOCK 34 HOLIDAY
NORTH, SECTION 7 BY ERNEST HEDGCOTH CONSULTING ENGINEERS
AT THE SOUTHEAST CORNER OF CIRCLE AND WYNWOOD DRIVES,
APPROVED
The plat request is to reflect additional right-af-way filed by separate instrument
for Circle Drive and Wynwood Drive.
Tim Welch asked that Public Works add a finished floor elevation to the plat.
Ted Nehring, seconded by George Tucker, motioned to approve PS 2000-27
subject to Engineering's comments. The motion carried (7-0) unanimously.
'''\
CITY OF
NORTH RICHLAND HILLS
. Department: Planning & Inspections Department
Council Meeting Date: 7/23/01
Subject: Consider the request of Byron Montgomery to approve the Agenda Number: PS 2001-16
Final Plat of Lots 2R & 3R, Block 3, Stoney Ridge Addition on .35 acres of land located in
the 7000 Block of Michael Drive.
CASE SUMMARY:
Byron Montgomery has submitted a plat application on property zoned R-3. The purpose
of the plat is to revise the existing property line between two lots. The Development
Review Committee has reviewed the plat for compliance with the Subdivision Rules and
Regulations. Proposed Lot 3R does not meet the minimum lot width (65') or lot size (7,500
sq. ft.) of the R-3 Residential Zoning District. The applicant, however, received variances
from the Board of Adjustment from these requirements based on saving several large trees
on the property (ref. ZBA 2001-05).
The Public Works Department has the following comments concerning this plat. These
comments will need to be addressed with the Final Plat submittal.
. A revised grading plan will need to be submitted for each site when permits are applied
for.
. New location of an existing fire hydrant will need to be taken into account when
designing improvements to lot 2R.
Attached is a letter from Byron Montgomery responding to the Public Works comments. In
response to Mr. Montgomery's letter concerning the fire hydrant, a field inspection by staff
indicated that the "as built" plans were incorrect and the hydrant was not located on the
applicant's lot. With regard to the issue of a revised grading plan, staff feels that a revised,
engineered grading plan is necessary in order to analyze the impact the smaller lot size
has from the original drainage plan.
Comprehensive Plan:
The Comprehensive Plan indicates low density residential uses for the site. The proposed
plat is in conformance with this depiction.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
.--»2~ 7if)
Account Number
Sufficient Funds A vmlable
Department Head Signature
Finance Director
PS 2001-16 Stoney Ridge CC sum
Page 1 of2
'~ CITY OF
NORTH RICHLAND HILLS
. RECOMMENDATION:
The Planning and Zoning Commission at their meeting on June 14, 2001, recommended
approval of PZ 2001-16 subject to the following stipulations by a vote of 4 to 2.
1. Add a note to the plat face stating that ZBA Case No. 2001-05 authorized a
minimum 52 ' lot frontage for lot 3R.
2. Engineered grading plans shall be submitted to staff prior to this request being
placed on the City Council Agenda. Update: The applicant has submitted a
revised grading plan for the site. This plan has been accepted by the staff.
To approve PS 2001-16 as recommended by the Planning and Zoning Commission.
.
PS 2001-16 Stoney RidgeCC sum
CITY COUNCIL ACTION ITEM
Page 2 of 2
PS 2001-16
STONEY RIDGE
lOTS 2R & 3R BLOCK 3
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6,
Public Hearing to consider the request of Byron Montgomery for a variance
to the North Richland Hills Zoning Ordinance, No. 1874: Article 4, Table 4.1,
1, Minimum Lot Area from 7,500 to 5,564 square feet, and 2a. Minimum Lot
Width from 65 feet to 52 feet. The property is known as Lots 2 & 3, Block 3,
Stoney Ridge Addition, and is located at 7116 & 7120 Michael Drive
APPROVED
Opening the public hearing, Chairman Duer asked that anyone who would like to
speak in favor of the request please step forward.
Byron Montgomery, owner of the property approached the committee with his
plans for lots 2 & 3 of the Stoney Ridge Addition. Mr. Montgomery bought the
lots with the intention of moving the trees, but has since realized this will not
happen. He then entertained the idea of combining the lots and building one
large house, but due to this causing a very high lot and house cost, he decided
against this. He has even tried to sell portions of lot 2 to the person on lot 1 and
to the city, in order to save the trees. He feels that he has finally found the
solution to use the land and save the trees. Being the builder for 5 other homes
in the subdivision, he will be building these two homes for resale. At the present
time, he does have a buyer interested in the larger lot and home, but the smaller
house will be a spec home.
Mr. Ken Miley of 7012 Spring Creek, Watauga, Texas, spoke in favor of the
request. Mr. Miley would like to purchase Lot 2 in which the larger house will be
built. He and his wife are looking for something that has an older neighborhood
look that is framed out by the trees on lot 2.
The public hearing was closed and questions and comments were requested
from the committee members.
Dr. Rick Enlow, made a motion, seconded by Mr. Whitson, to approve the
movement of the lot lines making lot 3, 52 feet wide, with a stipulation that the
home built on this lot would have a minimum of 1,900 square feet of living area.
The motion carried unanimously (5-0).
ZBA Minutes
February 15, 2001
·
·
·
\
5.
PS 2001-16
PUBLIC HEARING TO CONSIDER THE REPLA T OF LOTS 2R & 3R, BLOCK
3, STONEY RIDGE ADDITION BY BYRON MONTGOMERY IN THE 7000
BLOCK OF MICHAEL DRIVE.
APPROVED
Cathy Horton gave a brief summary of the case stating the lots are currently
platted lots and the request is to adjust the single lot line to save several large
Oak trees. This case went before the Zoning Board of Adjustments and was
approved with variance on lot size and lot width. Staff recommends approval
subject to Public Works comments of a revised grading plan to be submitted.
Chairman Don Bowen opened the Public Hearing.
Tim Welch commented about a letter that Public Works sent to Michael
Montgomery back in February, 2001 requesting a revised grading plan that we
have not yet received. A building permit has already been issued, however, and
the form boards are already in place. Mr. Welch expressed concern that there is
a public safety issue of children falling in the 4' trenches that were dug for
connection to water and sewer. He also questioned the size of the two homes
on these lots.
Michael Montgomery commented that he took a poll of the neighborhood and
none of the neighbors were opposed. He also stated that the revised grading
plan is in the works.
Chairman Don Bowen closed the Public Hearing.
Richard Davis, seconded by Doug Blue, motioned to approve PS 2001-16 with
the stipulation that the revised grading plan must be received prior to City
Council for approval and to add that the variance request should be noted on the
plat. The motion carried (4-2) with Tim Welch and James Laubacher voting
against.
Page 3 06/14/01
P & Z Minutes
·
·
·
~
NI~H
Public Works; Administration
CITY OF NORTH RICHLAND HILLS
May 29,2001
MEMO TO: Planning and Zoning Commission
FROM: Julia W. Skare, P.E., Senior Staff Engineer
SUBJECT: STONEYRIDGE ADDITION, BLOCK 3, LOTS 2R & 3R; PS2001-16
Public Works has reviewed the plat submitted to this office on May 7,2001 and offers
the following comments.
1. GRADING PLAN A revised grading plan for both lots needs to be submitted with
the building permit for either lot. The plans should be site specific for each lot. The
plan should be designed, signed and sealed by a Licensed Texas Engineer as
outlined in the Public Works Design Manual.
2. FIRE HYDRANT The record drawings for this subdivision indicate a fire hydrant
located on the original property line of Lots 2 & 3. The fire hydrant will now be
approximately 19.5 feet west of the east property line of Lot 2R. This may conflict
with the proposed driveway. The house and driveway should be designed as to
avoid conflict with the hydrant, otherwise the developer will be responsible for
relocation of the hydrant at their expense.
The developer should confirm the location of the water and sanitary sewer services.
The services should be located within the property limits of the proposed new lots. This
memo should be used in conjunction with the marked up plat. There are a few minor
notes on the plat sheet.
-
J S/dmg/pwmj001-065
cc: Mike Curtis P.E., Public Works Director
P U Bnl 8:2060" . ',' '~ -"" ·è"U ,'-1. Is. -exas .,. 76:82-060S<
73U'\Jor-'-,ed5t '.',:,': <: ~ "!--~27-')~OO · ¡:AX 8~7-.:l27-6.:l04
06/05/01 TUE 17:01 FAX 817 5452003
Kingdom. Inc.
IaI 001
·
Kingdom, Inc.
2800 Meadowview Dr.
Colleyville TX 76034
817 858-6587
Dave Green
City of North Richland Hills - Planning and Zoning
7301 N.E. Loop 820
North Richland Hills TX 76182
Dave,
·
I have received a copy of the letter to you £rom Julia W. Skare, a copy ofwmch
follows, In response to item 1., we have submitted applications for building permits on
both lots following the Grading & Erosion Control Plan that was done by Horizon Survey
Company and signed and sealed by David R. Washington, P.E. Lots 2 through 8 of
Block 3 all have identical grading plans, which we followed in our application. In
response to item 2., there is no fire hydrant on either property, so no conflict with either
driveway exists. The water and sewer connections are on the North side of Lot 2 and on
the South side of Lot 3, which works out perfectly for the proposed change. Please let
me know if I can be of any further assistance.
Regards,
¡J(íttt ,J
Byron Montgomery
·
;~. ~>',.:;-;':'-
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CITY OF
NORTH RICHLAND HILLS
. Department: Planning & Inspections Department
Subject: Public hearing to consider the request of Earnest Hedgcoth Agenda Number: PS 2001-18
Consulting Engineers for approval of the Final Plat of Lots 1 Rand 2, Block 1 Clifton
Addition located at the southeast corner of Amundson Drive and Walter Road.
Council Meeting Date: 7/23/01
CASE SUMMARY:
Earnest Hedgcoth has submitted a plat application on property zoned R-1-S. The purpose
of the replat is to subdivide the existing Lot 1 into two lots, Lot 1 R and Lot 2. The
Development Review Committee has reviewed the plat for compliance with the Subdivision
Rules and Regulations. The plat complies with the Zoning Ordinance and the Subdivision
Ordinance.
State Law requires a public hearing for certain replats of property that have been zoned
residential in the last five years. This replat requires a public hearing and has been duly
noticed for this P&Z meeting.
Attached are plat comments from the Public Works Department. Also attached is a letter
from Ernest Hedgcoth responding to these comments.
Comprehensive Plan:
The Comprehensive Plan indicates residential uses for the site. The proposed plat is in
conformance with this depiction.
RECOMMENDA TION:
The Planning and Zoning Commission at their meeting on July 12, 2001, recommended
approval of PZ 2001-18 by a vote of 7 to O.
To approve PS 2001-18 as recommended by the Planning and Zoning Commission
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
. :"~ Æ
Department Head Signature
Account Number
Sufficient Funds AVailable
Finance Director
L:\Cases\PS Cases\2001 Plats\ps2000·55 Brandonwood CC sum.doc
Page 1 of 1
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CLIFTON ADDITION
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·
NOTICE OF PUBLIC HEARING
NORTH RICHLAND HILLS PLANNING AND ZONING
COMMISSION
CASE #: PS 2001-18
8912 Amundson Drive
Lot 1, Block 1, Clifton Addition
Vou are receiving this notice because you are a property owner of record within
200 feet of the above property,
Purpose of Public Hearina:
The public hearing is to consider the request of Greg and Tina Clifton to replat Lot 1,
Block 1 Clifton Addition to Lot 1 R1 and 1 R2, Block 1 on 2.327 acres of land and
addressed as 8912 Amundson Drive.
· Public Hearina Schedule:
Public Hearing Dates:
Location:
PLANNING AND ZONING COMMISSION
THURSDA V, July 12, 2001
CITY COUNCIL
TUESDA V, July 23, 2001
7:00 P.M,
CITY COUNCIL CHAMBERS
7301 N. E, LOOP 820
NORTH RICHLAND HILLS, TEXAS
Time:
If you have any questions or wish to submit a petition or letter concerning
the above request, please contact:
·
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Phone (817) 427-6300
Fax (817) 427-6303
L:\Property Owner Notification\PZ\2001 \PS2001-18 Clifton Addn. PON.doc
.
CASE #: PS 2001-18
Clifton Addition, Lot 2R, Block 1
The following property owners are listed in the 2000 Tarrant Appraisal District tax rolls.
They fall with in 200 feet of the subject tract and have been notified.
8908 Amundson Drive Brandt, Scott D Etux Carol R.
Martin, Tandy K Survey 8908 Amundson Drive
Abstract 1055, Tract 2M Fort Worth, Texas 76180-4204
8900 Amundson Drive Gilchrist, Ralph L
Martin, Tandy K Survey 8900 Amundson Drive
Abstract 1055, Tract 2N Fort Worth, Texas 76180-4204
Walter Street Anderson, J B
Martin, Tandy K Survey RR 1, Box 39
Abstract 1055, Tract 2P Saint Jo, Texas 76265-9713
6901 Walter Street Thames, Edith M
Martin, Tandy K Survey 6901 Walter St.
Abstract 1055, Tract 2P01 Fort Worth, Texas 76180-4214
Walter Street Rushing, Ronald A Etux Della
Martin, Tandy K Survey 6913 Crane Road
Abstract 1055, Tract 2W Fort Worth, Texas 76180-4308
. 6900 Walter Street Brackenley, Eddie Sue
Martin, Tandy K Survey 6900 Walter Street
Abstract 1055, Tract 2W01 Fort Worth, Texas 76180-4222
9109 Meandering Drive McKlemurry, Joseph E Etux K B
Oak Hills Addition 9109 Meandering Drive
Block 7, Lot 37R1 Fort Worth, Texas 76180-3271
9105 Meandering Drive Spencer, James D Etux Diane K
Oak Hills Addition 9105 Meandering Drive
Block 7, Lot 38R1 Fort Worth, Texas 76180-3271
9101 Meandering Drive White, Brian W & Christie C.
Oak Hills Addition 9101 Meandering Drive
Block 7, Lot 39R1 Fort Worth, Texas 76180-3271
9051 Amundson Drive Pueblo, Kimberly R.
Oak Hills Addition 9051 Amundson
Block 7, Lot BR1 Fort Worth, Texas 76180
7009 Crane Road Hamilton, Steven Etux Sandra
Oak Hills Addition 7009 Crane Road
Block 6, Lot 1 Fort Worth, Texas 76180-3241
9100 Meandering Drive Fulmer, Wesley A Etux Clarice
Oak Hills Addition 9100 Meandering Drive
Block 6, Lot 2 Fort Worth, Texas 76180-3270
.
Crane Road Plymale, Leroy A Etux Janet L.
· Oak Hills Addition 7001 Crane Road
Block 6, Lot 3 North Richland Hills, Texas 76180-3289
8912 Amundson Drive Clifton, Greg Etux Tina
Clifton Addition 8912 Amundson Drive
Block 1, Lot 1 Fort Worth, Texas 76180-4204
6905 Crane Road Cox, Christie L & S S Hodge
Dawn King Addition 6905 Crane Road
Lot 3 Fort Worth, Texas 76180-4308
6909 Crane Road Cox, Christie L & S S Hodge
Dawn King Addition 6905 Crane Road
Lot 4 Fort Worth, Texas 76180-4308
6913 Crane Road Rushing, Ronald A Etux Della
Dawn King Addition 6913 Crane Road
LotS Fort Worth, Texas 76180-4308
6933 Crane Road Langley, Mark & Kelly
Dawn King Addition 6933 Crane Road
Lot 6A North Richland Hills, Texas 76180-4308
6929 Crane Road Gabriel, Katherine M.
Dawn King Addition 6929 Crane Road
Lot A Fort Worth, Texas 76180-4308
· 6925 Crane Road McNeil, Stephen D Etux Brenda
Dawn King Addition 6925 Crane Road
Lot B North Richland Hills, Texas 76180-4308
6921 Crane Road Crites, Joseph C,
Dawn King Addition 6921 Crane Road
Lot C Fort Worth, Texas 76180-4308
6917 Crane Road Childers, Gary Etux Diana
Dawn King Addition 6917 Crane Road
Lot D Fort Worth, Texas 76180-4308
6921 Walter Street Brandt, Charles
French Addition 3913 Laurel Lane
Block 1, Lot 1 Bedford, Texas 76021-2524
·
.
5.
PS 2001-18
PUBLIC HEARING TO CONSIDER THE FINAL PLAT OF LOTS 1 R & 2,
BLOCK 1 CLIFTON ADDITION BY ERNEST HEDGCOTH CONSULTING
ENGINEERS AT THE SOUTHEAST CORNER OF AMUNDSON DRIVE AND
WALTER ROAD,
APPROVED
This is a plat revision subdividing one lot into two lots. It increases the number of
lots platted to the original residential subdivision, therefore a public hearing was
required.
Chairman Don Bowen opened the public hearing.
Mr. Ernest Hedgcoth spoke in favor. No one spoke in opposition of the request.
Chairman Don Bowen closed the public hearing.
Doug Blue, seconded by James Laubacher, motioned to approve PS 2001-18
subject to DRC comments. The motion carried unanimously (7-0).
.
.
.
.
.
NRH
Public Works / Administration
CITY OF NORTH RICHLAND HILLS
July 2, 2001
MEMO TO: Planning and Zoning Commission
FROM: Julia W. Skare, Senior Staff Engineer
SUBJECT: CLIFTON ADDITION, BLOCK 1, LOTS 1 R & 2; PS2001-18
Public Works has reviewed the plat submitted to this office on June 29 and offer the
following comments.
1. FIRE HYDRANT The site/grading plan shows a fire hydrant on the north side of
Amundson Drive. The Public Works Design Manual states, "Fire hydrants located
on the opposite side of a major collector or arterial street, from a development shall
not be considered when determining adequate fire hydrant coverage for a
development". Amundson Drive is designated as a C4U, a major collector, on the
Master Thoroughfare Plan. The City grid maps indicate a fire hydrant located
southwest of the intersection of Walter Street. This hydrant needs to be accurately
shown on the utility plan. Public Works believes this hydrant provides adequate
coverage for proposed Lot 2.
2. WALTER STREET Walter Street is currently unimproved. The Clifton's had
provided a filed covenant with the original plat. Staff understands the new property
owners will be signing a covenant for frontage along the proposed Lot 2. The
covenant will need to be signed after City Council approval and prior to, or in
conjunction with the filing of the plat.
3. DRAINAGE/GRADING Public Works is not opposed to a site specific engineered
grading plan in place of a drainage analysis. The site specific plan will need to be
approved prior to issuance of the building permit.
4. STREETLIGHTS The plans indicate a streetlight on the north side of Amundson
Drive. An additional streetlight is required. The location of the proposed street light
should be indicated on the plan with the next submittal. The installation of the
streetlight should be coordinated with TXU and Public Works, The developer will
pay the cost for installation of any additional streetlights directly to TXU.
A separate letter will be provided to the Engineer on or before July 23 addressing
grading and utility plan items.
~
S/dmglpwm2 1-090
cc: Mike Curtis, P.E., Public Works Director
Mike Walker, P.E., Assistant Public Works Director
~': Òi), .32()iC;09 .. \,~rcll ·:;;;·.~"·2,~U HillS. 'e;<ôs .. 76182-0609
~·~1f, ' \j,'"::,nfìe~1s~ L~=:''.JC ~~:<-) .. :3~--":'27·6400 * F~X S17-427~6...tO:":'
·
·
·
ERNEST HEDGCOTH Consulting Engineers. Inc,
PLANNING · DESIGN · ENGINEERING
July 5,2001
Julia W. Skare, Senior Staff Engineer
CITY OF NORTH RICHLAND HILLS
7301 Northeast Loop 820
N. RichIand Hills, TX 76182-0609
RE: CLIFTON ADDITION, BLOCK 1, LOTS lR & 2, PS2001-18
Dear Ms. Skare:
We have received your letter dated July 2,2001 and are responding as follows:
1. FIRE HYDRANT: The fire hydrant located southwest of the intersection of
Walter Street has been accurately shown on the utility plan.
2.
W ALTER STREET: We acknowledge the infonnation provided and will
be sure that the owner is aware of the need for the covenant signed by the new
property owners.
3. DRAINAGE/GRADING: We acknowledge that we will need to have approval
for the site specific engineered grading plan prior to issuance of a building pennit.
4. STREETLIGHTS: The location of the proposed streetlight is indicated on the
plan.
If you have any questions please contact us at (817) 831-7711.
Sincerely,
~';rf~
Ernest Hedgcoth, P.E.
ERlss
5701-C Midway Road
Fort Worth. Texas 76117
817-831-7711
~"'_'''''''''_...~..;,-~-...........~-,"
~
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department Council Meeting Date: 07/23/01
. Subject: Appeal Request for Public Hearing to Consider the Agenda Number: PZ 2001-06
Request of James M. Wilson for a Zoning Change from R2 Single Family Residential to
PD Planned Development for the expansion of an adjacent automobile dealership. The
Property is located at 4705 Susan Lee Lane and is known as Lot 20, Block 5, Richland
Terrace Addition. Ordinance # 2554
CASE SUMMARY
Mr. James M. Wilson has submitted an application for a planned development at 4705
Susan Lee Lane. The site will be utilized as an expanded display area for the adjacent
Huggins Honda Dealership. The Texas Department of Highways is expected to improve
NE Loop 820 in the near future and approximately 30' of right-of-way will be needed from
the frontage of the existing dealership. The single-family residential structure currently on
the site of this zoning request will be removed and the adjacent vehicle display area will be
expanded in its place.
Traffic and Access -The existing residential driveway will be removed and replaced with
landscaping. All access to the proposed display area will be from the existing dealership.
No access is proposed from Susan Lee Lane.
Parking - The site will be utilized as expanded display area for new automobile sales.
The plan notes that no vehicle display ramps will be permitted.
Signage - No signs, flags, or banners will be permitted on the site.
Landscaping - The zoning ordinance requires a 15' irrigated landscape buffer (including
one large tree per 50 linear feet) along the northern property line where residential
adjacency exists. Also, a 15' irrigated landscape setback (including one large tree per 50
linear feet) is required along the Susan Lee Lane frontage. The· plan notes that no
landscape buffer is proposed along the northern property line. A 5' landscape setback
with one large tree and bermuda grass is proposed along the Susan Lee Lane frontage.
The plan does not indicate if the setback is to be irrigated.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
-~~~
Account Number
Sufficient Funds Available
Department Head Signature
Finance Director
L:\Cases\PZ Cases\PZ 2001-06 Huggins CC sum.doc
Page 1 of 1
·-C....,.:_.-.,:.'"..."......._,....__.
CITY OF
NORTH RICHLAND HILLS
.
Screening - 6' masonry, screening wall is required by ordinance along the north property
line. The plan proposes a 6' brick wall (constructed according to city standards) along this
boundary.
Lighting - The plan proposes three, 15', hooded, light standards. Two of the lights are
located at the northeast and northwest corners of the lot, adjacent to residential
zoning/uses. A third light is proposed near the southeast corner of the lot across the street
from residential uses. The plan notes that all lights will be directed away from residential
areas.
Comprehensive Plan - The proposed 1992 Comprehensive Plan Update (recently
recommended for approval by the Commission) recommends low-density residential uses
for the site and surrounding areas along Susan Lee Lane. The proposed zoning/use is not
consistent with this depiction. The Plan, however, also recognizes the subject tract and
surrounding areas as being situated within a Strategic Planning Area identified as the
Freeway Business District. In this area the Plan encourages both the retention and
expansion of existing businesses. To facilitate this, the Plan suggests that the city
investigate the potential long-term redevelopment for the Richland Terrace neighborhood.
This includes assisting the neighborhood in achieving a buyout plan for redevelopment
purposes. To that end, the Plan suggests that future transitions of land uses along the
Freeway encompass a minimum of 25 acres of land in order to avoid or minimize curb
cuts, provide for shared access and logical geographic development of the area while
avoiding piecemeal development patterns.
Requested Variances - Variances under this Planned Development site plan include:
· No landscape buffer along the northern property line (rather than the 15' required).
· 5' landscape setback along the Susan Lee Lane frontage (rather than the 15' required).
· 5.5% of the lot to be landscaped (rather than the 15% required).
RECOMMENDA TION
The Planning & Zoning Commission met on May 10, 2001 and voted 6 to 0 to recommend
denial of PZ 2001-06. The primary concerns focused on piecemeal development and retail
encroachment into the neighborhood as well as impacts on property values.
Several letters and a petition of opposition to the original request are attached. Staff has
reviewed the letters of opposition and has determined that an override vote of the Council
is not required.
On May 29th the City Council passed a motion to postpone this request for 120 days.
Mr, Huggins has submitted a letter requesting that this item be placed on the July
23rd City Council meeting for consideration. Mr. Huggins is requesting that the
Planned Development be approved at 4705 Susan Lee. Mr, Huggins says he has
purchased several lots adjacent to the Loop 820 frontage road which would give him
a logical geographic area to conform to the Comprehensive Plan and would like to
come back with a revised plan in the future.
CITY COUNCIL ACTION ITEM
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4705 SUSAN LEE LANE
LOT 20, BLOCK 5
RICHLAND TERRACE ADDITION
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01/03/al 16:21
'C811 4855140
HUGG!NS HONDA
141002
~- --
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JULY 3, 2001
JOHN PITSTICK
DIRECTOR OF DEVELOPMENT
DEAR JOHN PITSTICK,
II '
.
THANK y~U /
Æ ~)f~
~HUGGINS
FORMAL REQUEST TO INCLUD~~~-:-:06 RICHLAND TERRACE, PLANNING AND DEVELOPMENt
CASE IN JULY 23rd CITY ~:'MEETING.
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7551 N.E. LOOP 820 · North Rich/and Hills. TX 76180 . (Metro) 577-0300 . (817) 485-0300
NOTICE OF PUBLIC HEARING
CITY COUNCIL OF NORTH RICHLAND HILLS
·
CASE #: PZ 2001-06
4705 Susan Lee Lane
Lot 20, Block 5, Richland Terrace Addition
You are receiving this notice because you are a property owner of record within
200 feet of the above property.
Purpose of Public Hearina:
The public hearing is being held to consider a request from James Michael Wilson for a
zoning change from R2 Single Family Residential to PD Planned Development for the
expansion of an adjacent new automobile dealership.
·
Public Hearina Schedule:
Public Hearing Date:
CITY COUNCIL
MONDAY, JULY 23, 2001
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
·
L:\Property Owner Notification\PZ\2001\PZ 2001-06 Huggins CC Notice.doc
WILLIAM MAD SACK
4801 NANCY LANE
_ORT WORTH, TEXAS 76180
WILLIAM TIROFF
4709 NANCY LANE
FORT WORTH, TEXAS 76180
MARY ANNMAUS
4809 SUSAN LEE LANE
FORT WORTH, TEXAS 76180
ERNEST WILBUR II
1960 REYNOLDS DRIVE
AZLE, TEXAS 76020
PEARLIE M. SOUDER
345 NORTH SHORE PLACE
LEWISVILLE, TEXAS 75067
.
.
RONALD KEITH CHILDERS
540 RS COUNTY ROAD 3446
EMORY, TEXAS 75440
ANNIE JEWEL GARNER
4705 NANCY LANE
FORT WORTH, TEXAS 76180
SHEILA B. WORTHEY
4805 SUSAN LEE LANE
FORT WORTH, TEXAS 76180
JAMES M WILSON
PO BOX 137094
LAKE WORTH, TEXAS 76136
ST ARLINE SAMPSON AUTREY
4800 SUSAN LEE LANE
FORT WORTH, TEXAS 76180
RIVERCROWN INVESTMENTS
PO BOX 982002
NRH, TEXAS 76180
STATE OF TEXAS
PO BOX 6868
FORT WORTH, TEXAS 76115
BILLIE R. GRIFFIN
4801 SUSAN LEE LANE
FORT WORTH, TEXAS 76180
PIllLLIP ETUX GLORIA W ACASTER
4708 SUSAN LEE LANE
FORT WORTH, TEXAS 76180
JOHN COLBY
511 SOUTH MAIN STREET
EULESS, TEXAS 76040
·
·
·
City Council Minutes
May 29,2001
Page 4
Planning:
1. A minimum 8" of masonry materjals are required on all sides of the
monument sign message board, which applicant has agreed.
2. A replat of the site is necessary and will need to be approved and filed with
the county prior to permits being issued for this project.
The Council asked questions and discussed the right-in/right-out approach on Davis
Boulevard, the sidewalk locations, and the shared access on Mid-Cities Boulevard.
Mr. Brian Burger, representing Lawrence Cates & Associates, was present to answer
questions from Council.
Councilman Johnson moved to approve PZ 2001-05 subject to comments from the
Public Works and Planning departments. Councilman David Whitson seconded the
motion.
Motion to approve carried 6-0.
9,
PZ 2001-06 - APPEAL REQUEST FOR A PUBLIC HEARING TO CONSIDER A
ZONING CHANGE REQUEST FROM R2 SINGLE FAMILY TO PD PLANNED
DEVELOPMENT REQUESTED BY JAMES MICHAEL WILSON ON LOT 20, BLOCK
5, RICH LAND TERRACE ADDITION AT 4705 SUSAN LEE LANE - ORDINANCE NO.
2554 (DENIED AT THE 5/10/01 PLANNING AND ZONING COMMISSION MEETING)
POSTPONED
Mr. Rick Gremillion, representing Huggins Honda, spoke on behalf of Mr. Huggins. Mr.
Gremillion requested Council to approve the rezoning of Lot 20, Block 5 Richland
Terrace Addition. Council was advised that the dealership had lost considerable
frontage due to the expansion of 820 and that the State planned to acquire additional
right of way from the dealership. Mr. Gremillion explained that the dealership needed
additio~.al frontage and planned to move the existing screening wall from the south
property line to the north property line. Mr. Gremillion addressed the variances being
requested by the dealership and their plans for landscaping.
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 gave the City Secretary two additional letters of
opposition - Mary and Starline Autrey, 4800 Susan Lee Lane and Diana Jones, 4820
Susan Lee Lane.
The Council discussed other surrounding property owned by Mr. Huggins. Some
members of the Council questioned the Dealership's overall plan for acquiring
additional property. Several members of the Council expressed interest in postponing
.
.
.
City Council Minutes
May 29,2001
Page 5
item and requesting Mr. Huggins submit a conceptual development plan for future
expansion of the dealership. The plan would incorporate the additional neighborhood
land area he planned to acquire and also landscaping and other city ordinance
development standards he would need to meet.
Mayor Pro Tem Mitchell asked Mr. Gremillion if he would like to pursue the request
tonight or postpone to a later date.
Mr. Gremillion advised that he would like to continue with the request.
Mr. James Wilson, property owner at 4705 Susan Lee Lane and applicant, clarified for
the Council the surrounding property that he had knowledge of that Mr. Huggins had
either already purchased or did not currently own.
Mayor Pro Tem Mitchell opened the public hearing and asked for anyone wishing to
speak in favor to come forward.
Mr. Ernest Hedgecoth, Engineer for Huggins Honda, addressed the land that the
highway department had already acquired from the dealership and the additional right
of way the highway department planned to acquire. Mr. Hedgecoth explained the
parking, lighting, screening and other proposed improvements to Lot 20.
Mayor Pro Tem Mitchell called for anyone wishing to speak in opposition of the item to
come forward.
The following appeared and spoke in opposition to the zoning request:
Johnnie Latham, 4824 Susan Lee Lane
Michael Bosley, 4820 Nancy Lane
Starline Autrey, 4800 Susan Lee Lane
Linda Graham, 4805 Nancy Lane
Charles Hanes, 4812 Susan Lee Lane
The following did not wish to speak but requested that their opposition be entered into
record:
Ellen Tijerina, 4821 Susan Lee Lane
Floyd Gales, 4904 Susan Lee Lane
Steve Hediger, 4825 Susan Lee Lane
Marci Foley, 4816 Susan Lee Lane
Elisa Hediger, 4825 Susan Lee Lane
William Madsack, 4801 Nancy Lane
Johnnyn Brackett, 4800 Nancy Lane
William Tiroff, 4709 Nancy Lane
Shirley Tiroff, 4709 Nancy Lane
·
·
·
City Council Minutes
May 29,2001
Page 6
Gilberto Tijerina, 4817 Susan Lee Lane
Maria Tijerina, 4817 Susan Lee Lane
Kim Thomas, 4824 Nancy Lane
Betty Trussell, 4808 Susan Lee Lane
Sherry Latham, 4824 Susan Lee Lane
There being no one else wishing to speak Mayor Pro Tem Mitchell closed the public
hearing.
Councilman Welch moved to approve PZ 2001-06, Ordinance No. 2554.
Motion died for lack of a second.
Councilman Trevino moved to postpone item for 120 days pending Mr. Huggins
submittal of how he proposes Planned Development of what ever section of Susan Lee
and Nancy Lane that he wants to acquire, including buffers, land and any ordinances
he needs to meet. Councilman Tolbert seconded the motion.
Several members of the Council expressed their thoughts on the proposed motion and
the comments made by the citizens in opposition.
Motion to postpone carried 5-1 with Councilmen Metts, Whitson, Tolbert, Trevino and
Councilwoman Johnson voting for and Councilman Lyle Welch voting against.
10.
SRC 2001-01 - PUBLIC HEARING TO CONSIDER VARIANCES TO THE SIGN
REGULATIONS ORDINANCE NO. 2374, SPECIFICALLY TO SUBSECTION 13.C.1a,
AND 13,C,1 e REGARDING THE PERMIT PERIOD, AND SIZE OF NEW TEMPORARY
DEVELOPMENT SIGNS FOR THREE SIGNS ADDRESSED AS THE 6200 BLOCK OF
DAVIS BOULEVARD, THE 9100 BLOCK OF GRAPEVINE HIGHWAY, AND THE 8500
BLOCK OF MID-CITIES BouLEVARD
APPROVED
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. Dan Quinto, representing the Home Town Richland Hills Development, discussed
his request for three temporary development signs and two variances. Signs and
variances requested are as follows:
·
·
·
.""- I
7.
PZ 2001-06
PUBLIC HEARING TO CONSIDER A REQUEST BY JAMES M. WILSON FOR
A ZONING CHANGE FROM R2 SINGLE FAMILY RESIDENTIAL TO PD
PLANNED DEVELOPMENT FOR THE EXPANSION OF AN AUTOMOBILE
DEALERSHIP DISPLAY AREA AT 4507 SUSAN LEE LANE.
DENIED
Cathy Horton gave a brief summary of the case stating Mr. James Wilson has
submitted an application for a planned development at 4705 Susan Lee Lane.
The site will be utilized as an expanded display area for the adjacent Huggins
Honda Dealership which currently has 6 developed acres of property to the west.
The single-family residential structure currently on the site will be removed and
the adjacent vehicle display area will be expanded in its place. Variances under
this Planned Development site plan include: 1.) No landscape buffer along the
northern property line, 2.) Five foot landscape setback along Susan Lee Lane
frontage, and 3.) Five and a half percent of the lot to be landscaped. Prior to the
agenda being delivered to the commission, staff received several letters of
opposition to this request.
Among those speaking in favor was Ron Huggins of Huggins Honda. He has
proposed to extend landscaping beyond what the plan reflects and asked that
the request by Mr. Wilson be approved.
James Wilson, owner of property located at 4507 Susan Lee, has moved from
this address due to the encroachment of the commercial business and the
expansion of NE Loop 820. He stated that the noise and lighting are intolerable.
He asked that this request be approved so that he may sell to Mr. Huggins for
the expansion.
Those in opposition were: John Colby residing at 5001 Mockingbird in
Colleyville, Texas, and owning rental property located at 4804 Susan Lee, stated
that the commercial encroachment is causing a major decline in this and other
neighborhoods. He suggested closing Susan Lee from NE Loop 820.
Steve Hediger of 4825 Susan Lee asked the Commission to deny the request
fearing the decline of the neighborhood. Starline Autry of 4800 Susan Lee asked
that the commission deny the request. He is afraid that the neighborhood is
going to be "pieced-out" and that the property values will go down.
Eduxiges Tijenina, 4821 Susan Lee
Maria and Gilberto Tijenina, 4817 Susan Lee
Page 4 5/10/01
P & Z Minutes
·
·
·
-
Merle Brake, 7308 Deaver
Betty Trussell, 4808 Susan Lee
Ann Hanes, 4812 Susan Lee
Maria Burcie, 4825 Nancy Lane
Jewel Garner, 4705 Nancy Lane
Shirley Tiroff, 4709 Nancy Lane
Lacey Wright, 4900 Nancy Lane
Brandi Bosley, 4820 Nancy Lane
Kim Thomas, 4824 Nancy Lane
Johnny Brackett, 4800 Nancy Lane
Elisa Hediger, 4825 Susan Lee
Marci Foley, 4816 Susan Lee
Linda Graham, 4805 Nancy Lane
Chairman Bowen also recognized letters of opposition by:
Billie Griffin, 4801 Susan Lee
John Colby, 4804 Susan Lee
Mary and Starline Autry, 4800 Susan Lee
William Madsack, 4801 Nancy Lane
Betty Trussell, 4808 Susan Lee
Clyde Browning, 4813 Nancy Lane
Mr. & Mrs. Ignacio Burcie, 4825 Nancy Lane
Donna Bockman, 4804 Nancy Lane
William Lee, 4821 Nancy Lane
Mr. Nehring, seconded by Mr. Welch, motioned for denial of case PZ 2001-06.
The motion carried (6-0).
8.
ADJOURNMENT
The Chairman adjourned the regular meeting at 7:53 p.m.
Chairman
Secretary
Don Bowen
Ted Nehring
Page 5 5/10/01
P & Z Minutes
NRH
Planning & Inspection Services
CITY OF NORTH RICHLAND HILLS
·
June 22, 2001
Mr. James Michael Wilson
4705 Susan Lee Lane
North Richland Hills, Texas 76180
RE: PZ 2001-06 Zoning Change
City Council ruling
Dear Mr. Wilson,
·
On May 29, the City Council motioned to postpone your case, PZ 2001-06 for
120 days. This motion carried 5-1. The next meeting date for City Council after
the expiration of the 120-day postponement will be on October 8,2001. During
the postponement the Council indicated that Mr. Huggins should investigate
solutions to issues discussed in the public hearing. This information should be
included in revised drawings of the PD development plan. Please have the
information prepared and supplied to the Planning and Zoning department by
September 10. This will allow our department sufficient time to organize and
prepare a revised summary for your case. If you have any questions, please feel
free to call me at 817-427-6330.
Sincerely,
Q~ tbr~
Cathy Horton
Zoning Administrator . .t
·
po. Box 820609 . North Richland Hills. Texas' 76182-0609
7301 Northeast Loop 820 . Planning & Zoning' 817-427-6300 . FAX 817-427-6303
Building Inspections' 817,427-6330 . Code Enforcement· 817-427-6335
·
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May 14,2001
MAY 1 4 torn
City of North Richland Hills
Planning and Zoning Committee
7301 Northeast Loop 820
North Richland Hills, Texas 76180
RE: PZ2001-06 R2 Single Family Residential to PD Planned Development
Dear Sirs,
This letter is in regards to the recent Planning and Zoning Meeting on May 10,2001. At that meeting, I requested
that my residence at 4705 Susan Lee Lane be changed from a residential property to a commercial property. The
property, if rezoned, would be used to expand the parking area of Huggins Honda. It was the unanimous decision of
the Planning and Zoning Committee to deny rezoning of the property at this time. I would therefore like to request
that this decision be appealled to the City Council. I would like to request that this letter and all applicable
documentation regarding the rezoning of this property be sent to the City C01DlCil for their review. If you have any
questions or comments in regard to this request, please feel free to contact me at my home or through my pager.
Thank you in advance for your cooperation in this matter.
Sincerely,
fJ~/Y)tu~
James M. Wilson
(817) 281-2278 Home Number
(817) 493-4635 Pager Number
.
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COLBY · STANLEY
PROPERTIES
\' 1['"
_n.' IW
! I't.ANNING & '~~1Irº~Js:
.
511 SOUTH MAIN STREET
EULESS, TEXAS 76040
(METRO) 817/267-6&22/ 817-571-7763
FAX 8171354-5619
24 HOUR INFORMATION LINE: (METRO) 8171267-1766
April 25, 2001
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
RE: Case# PZ 2001-06,4705 Susan Lee Lane
Ladies and Gentlemen:
.
We own the property at 4804 Susan Lee Lane and are opposed to any further encroachment of
commercial into this residential area. The first block of Susan Lee north of Loop 820 already
shows significant decline, and if the proposed project is approved, the decay will deepen and
begin to spread further north on Susan Lee into adjacent blocks.
We ask that you do not approve this request.
t---------
em
REALTOR
(5)
--
O..OltTU.UTY
,..-
·
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·
May 9,2001
Planning and Zoning Commission
North Richland Hills. Texas
Subject: Case # PZ 2001-06
Lot 20, Block 5, Richland Terrace Addition
To the members of the Planning and Zoning Commission:
As a property owner who lives within 200 feet of the property for re-zoning, we wish at this time to
oppose the re-zoning of that property.
Four years ago. this neighborhood was told that the Planning and Zoning Committee would not allow. Mr.
Huggins or anyone else. the opportunity to "piece-out" our property that is located in Richland Terrace. H
you consider this request now from Mr. Wilson, who has sold his house to Mr. Huggins, isn't that
what you will be doing?
Since that meeting years ago, we now all have learned the future plans for this area. We have learned that
Richland Terrace not only sits in the "820 Corridor" but that the city would like to develop this land into
the "Business District." We, as a neighborhood are not opposed to the idea that we would eventually need
to sell our homes. We recognize the growth that has occurred in our city and we also recognize that it is not
in the vision of North Richland Hills to have homes next to the freeway. But, what we as property owners
are opposed to. is that we will be driven out or taken advantage of, and not be able to replace what we have
in today's housing market
As a homeowner, in this same home for 28 years, we have seen this neighborhood change from a quiet,
beautiful place to raise your family, into what it is now a noisy, undesirable place to live. As you now drive
down these streets you see the decline of a neighborhood. What you can't see or know, is that we are all
caring individuals who not only pay city taxes but have been discouraged about investing in our homes,
You ask how can that be? Why, would anyone not keep up his or her homes? That answers lies in the
minds of the people in this neighborhood whom for years have been unsure what will happen to them as
homeowners. Rumors of the expansion of the 820 Highway long preceded the beginning construction in
1993. We have also been concerned that we could end up like some other homeowners in a nearby city, in
which their land was also desired for re-development and some of those homeowners were pushed out.
Add to this, the fact that Mr. Huggins for years has made attempts to buy some of houses in this area,
indicating to us a his desire to expand There is some feeling that we could have been pieced out one at a
time. Now let's add to these factors. our frusttation with our own city. We feel that the city has long
forgotten us and no longer cares. The city wants us as homeowners to keep up our property but has the city
failed us in its responsibility to keep up with its attempt to provide us with a well- maintained street? By
not keeping up Susan Lee Lane or Nancy Lane the city has been a part in creating the appearance of a
declining neighborhood. Susan Lee Lane is considered a DÚnor collector and is well used, as you know.
Why has this street been neglected for years and years even though it appeared in a list of streets to be re-
surfaced in 1993? Don't you think that the city should carry some of the responsibly in the decline of this
neighborhood? We do!
This neighborhood has endured and tolerated so much in the past from everything that has occurred
with the road construction involving the building of the new 820 Highway. We are the ones who have
put up with the highway construction vehicles going up and down our street day and night carrying
dirt and concrete to build what you now see. We are the ones, who listen to the road noises created by
over 100,000, plus cars who travel this highway each and everyday, seven days a week, 24 hours a
·
·
·
day. Unless you are one of the people who live in these houses, there is DO way you can undentand
what we have been tbrongb!
We have all played the board game of Monopoly and know how it is played out. The people on this
committee will play a key role in determining who will win in the end. In the long run. an parties could
benefit from the re-development of this area. The people, who sit on this committee injudgement, will hold
the future of all the property owners in this area in their hands. We urge you to consider the long-term
effects that this decision will have on our lives. We are hoping that you will make a fair and honest decision
when considering this matter. May God give you the wisdom to do the right and just thing!
Thank you,
Mary and Starline Autrey
.
.
.
May 1, 2001
Attention: Planning and Zoning Commission
Subject: Case # PZ 2001-06 Zoning change from R2 Single Family to
PD Planned Development for 4705 Susan Lee Lane
I am the property owner of record within 200 feet of this property and I
OPPOSE THE REZONING!
Property owner
q/t! Ud (0/r 1 fr~/II.hAqc t)
Address
Lz' Ø:? / ~ACý i &¡.It ~
(
~(,¿~ft,.1 ~/¡'t:I c~ lhP !,-f¡:,/¡
eut. 4 l~/;2;;;Z
.JJR-;c/'Luß J/,1t. TX7~/~O
.
.
.
May 1, 2001
Attention: Planning and Zoning Commission
Subject: Case # PZ 2001-06 Zoning change from R2 Single Family to
PD Planned Development for 4705 Susan Lee Lane
I am a neighbor or property owner who lives near Block 5, Richland
Terrace Addition and I OPPOSE THE RE-ZONING OF THIS
PROPERTY!
Property owner
Address
L/- ð'ò 1 ~.ð/XJ.,k~ c:t~
./
7ì (;j,~d. j/;Læ px thl In
·
·
·
May 1, 2001
Attention: Planning and Zoning Commission
Subject: Case # PZ 2001-06 Zoning change from R2 Single Family to
PD Planned Development for 4705 Susan Lee Lane
I am the property owner of record within 200 feet of this property and I
OPPOSE THE REZONING!
Property owner
&&4
Address
~
1-¡oIA4.~~ ~
/fwr;cJ.. ~~ ~~ T7\ 1 ~ fg 0
·
·
·
May 1, 2001
Attention: Planning and Zoning Commission
Subject: Case # PZ 2001-06 Zoning change from R2 Single Family to
PD Planned Development for 4705 Susan Lee Lane
I am a neighbor or property owner who lives near Block 5, Richland
Terrace Addition and I OPPOSE THE RE-ZONING OF THIS
PROPERTY!
Property owner
CÞj£ C Þ-Vhd/7
4/~ //"'/cý' ¿/
Address
), ¡i;Cr/l,/f'd~ &'~A'7-
;¥;I,
·
·
·
. .. _~._ _.. u ~,_
May 1, 2001
Attention: Planning and Zoning Commission
Subject: Case # PZ 2001-06 Zoning change from R2 Single Family to
PD Planned Development for 4705 Susan Lee Lane
I am a neighbor or property owner who lives near Block 5, Richland
Terrace Addition and I OPPOSE THE RE-ZONING OF THIS
PROPERTY!
Property owner
~.L!- ~~ ~d4L~ 9- ¿iLL /5/.~,
Address
/j (<$ ¿J. ...£ Y1A'/1.-~"'(-j ,// ¿::¿..~
~.,~ }l~ ?¿J9¿;
'/
·
·
·
May 1, 2001
Attention: Planning and Zoning Commission
Subject: Case # PZ 2001-06 Zoning change from R2 Single Family to
PD Planned Development for 4705 Susan Lee Lane
I am a neighbor or property owner who lives near Block 5, Richland
Terrace Addition and I OPPOSE THE RE-ZONING OF THIS
PROPERTY!
Property owner
¡¡~/64~
7ØV~fY"~¿"
4:18./4, ;7L//Þ
/
Address
·
·
·
May 1,2001
Attention: Planning and Zoning Commission
Subject: Case # PZ 2001-06 Zoning change from R2 Single Family to
PD Planned Development for 4705 Susan Lee Lane
I am a neighbor or property owner who lives near Block 5, Richland
Terrace Addition and I OPPOSE THE RE-ZONING OF THIS
PROPERTY!
Property owner
w-J;~w~~o~
\
Address
4%:21 7¿d-u7 ~~.
11MZ1L- ~ '-Jl~ T ~
·
·
·
ORDINANCE NO. 2554
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 2001-06; 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 2001-06, the following described property, attached
as Exhibit A, Location Map, shall be rezoned from R2 Single Family Residential to
establish a Planned Development District with specific development regulations on
.15 acres of land
2.
THA T, the purpose of this Planned Development District is to provide for an
expansion of an existing automobile dealership. The permitted uses and
development regulations for this planned development district shall be as follows:
Ordinance 2521
Page 1
·
·
·
1. Permitted Uses: Display of new vehicles
2. Access: No access shall be allowed from the site to Susan Lee Lane
3. SiQnage: No sign, flags, or banners shall be permitted.
4. Drainage: All site drainage shall be toward Susan Lee Lane only
5. Display: No permanent display ramps shall be permitted.
6. LiQhting: All lighting shall be directed away from adjacent residential areas
3.
THAT, the development regulations are hereby amended, and specifically, the C1
Commercial Zoning 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. No landscape buffer will be required along the common boundary of Lot 20 and
Lot 19, Block 5, Richland Terrace Addition.
2. A 5' landscape setback shall be required along the Susan Lee Lane frontage of
the site.
3. Percentage of landscaping shall be as approved on the attached plan.
4.
THAT, 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.
7.
Ordinance 2521
Page 2
·
·
·
SAVINGS CLAUSE. That the Comprehensive 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.
8.
EFFECTIVE DATE. This ordinance shall be in full force from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL THIS 29th DAY OF May,
2001.
ATTEST:
Mayor, City of North Richland Hills, Texas
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 2521
Page 3
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department
Council Meeting Date:
7/23/01
Subject: Public hearing to consider the request from Sam Finlay Agenda Number: PZ 2001-15
Representing the property owner, Silver Creek II Norstar USA LLC for a site plan
revision to an approved PD Planned Development for the Silver Creek Apartments
Phase II. The property is located at 8359 Harwood Road.
CASE SUMMARY:
The Planning and Zoning Commission was scheduled to hold a public hearing on this
request at their July 12, 2001 meeting. The request had been advertised for a City
Council Public Hearing on July 23, 2001. The applicant, however, was not present for the
P&Z hearing. The Commission, therefore, continued the request to their July 26, 2001
meeting.
Staff recommends that the City Council Public Hearing for Julv 23. 2001 be continued to
August 13. 2001 pendinQ P&Z action.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds Available
Finance Director
-.J~
~
Department Head Signature
L;\Cases\PZ Cases\2001 \PZ 2001- 15 Silver Creek Phase II CC sum.
e
NOTICE OF PUBLIC HEARING
NORTH RICHLAND HILLS PLANNING AND ZONING
COMMISSION
CASE #: PZ 2001-15
8359 Harwood Road, Silver Creek Apartments Phase II
A portion of Lot 1, Block 1, Silverado Addition
You are receiving this notice because you are a property owner of record within
200 feet of the above property.
Purpose of Public Hearina:
The public hearing is being held to consider a request from Samuel Finlay on behalf of
the property owner, Silver Creek II Norstar USA LLC for a revision to carport elevations
on an approved development plan for the Silver Creek Phase II Apartments located at
e 8359 Harwood Road.
Public Hearina Schedule:
Public Hearing Dates:
PLANNING AND ZONING COMMISSION
THURSDAY, July 12, 2001
CITY COUNCIL
TUESDAY, July 23, 2001
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:
e
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Phone (817) 427-6300
Fax (817) 427-6303
L:\Property Owner Notification\PZ\2001 \PZ2001-15 Silver Creek Apart.PON.doc
Yarbrough, Christi
8400 Emerald Circle
Ne Richland Hills, Texas 76180-
5776
Woodrow, William T ETUX Sarah
8352 Emerald Circle
North Richland Hills, Texas 76180-
5774
Molina, Miguel
8365 Emerald Circle
North Richland Hills, Texas 76180-
5778
Claassen, Mary H ETVIR Randall
8369 Emerald Circle
Fort Worth. Texas 76180-5778
Davis, James R. ETUX Barbara L
8361 Emerald Circle
Fort Worth, Texas 76180-5778
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Zell Three Inc.
9400 South Dadeland Blvd
Miami. Florida 33156
HCR! Texas Properties, L TD
1 Seagate, Suite 1500
Toledo, Ohio 43604-1572
First Choice Car Wash
Attn: Mike Handy
PO Box 455
Hurst, Texas 76053-0455
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Guzey, Goskel Morris. Waync T
8401 Emerald Circle 8417 Emerald Circle
North Richland Hills, Texas 76180-5779 North Richland Hills. Texas 7Ú I xo-'\ r
Trest. WM L ETUX Pamela J
8405 Emerald Circle
Fort Worth, Texas 76180-5779
Nicoletti. Diana
8409 Emerald Circle
Fort Worth, Texas 76180-5779
Skyline Norstar USA 1
17440 Dallas Parkway. Suite 110
Dallas, Texas 745287
Hanvood Grapevine LTD.
5307 East Mockingbird Lane. Suite
1001
Dallas. Texas 75206-5123
F ox. Gary
PO Box 1956
Grapevine, Texas 76099-1956
Four Sac Self Storage CORP.
PO Box 29046
Phoenix. Arizona 85038
Castle Creek Investmcnts 11lc.
Attn: Denis Noble
602 Grapevine Hwy
Hurst. Texas 76054-27.'\X
Bull. Lea Anll
8353 Emerald Circk
Fort Worth. Texas 7Ú I xo-:'n:--:
West, G Wayne ET\ iX ('(\rill~1
8357 Emerald Circk
Fort Worth. Texas 7ú I xO-.:' 77:--:
Amerco Real Estale l'ull'lll<lll\
PO Box 2904Ú
Phoenix. Arizona X.'\():~:--:
Tubb Family Propcl'lics
PO Box 1 Ú I ()3l)
Fort Worth. Texas 7ÚIÚI-I()~<¡
TR E-Svstems Inc. [>(\(\1 11\
Attn: Charles [3 ~ukn
700 North Pearl Streel. Suit\: =_~()(I
Dallas. Texas 7521-74~4
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PZ 2001-15
PUBLIC HEARING TO CONSIDER THE REQUEST BY SAM FINAL Y
REPRESENTING SILVER CREEK II NORST AR USA LLC FOR A REVISION
TO AN APPROVED SITE PLAN FOR THE SILVER CREEK APARTMENTS
PHASE II AT 8359 HARWOOD ROAD.
TABLED
The applicant was not present to discuss the case.
Chairman Don Bowen motioned to table this case until a later time in the
evening.
Tim Welch, seconded by Doug Blue, motioned to approve the tabling of PZ 2001-
15. The motion carried unanimously (7-0).
REVISITED
6.
PZ 2001-15
PUBLIC HEARING TO CONSIDER THE REQUEST BY SAM FINAL Y
REPRESENTING SILVER CREEK /I NORST AR USA LLC FOR A REVISION
TO AN APPROVED SITE PLAN FOR THE SILVER CREEK APARTMENTS
PLASE /I AT 8359 HARWOOD ROAD.
POSTPONED
Chairman Don Bowen reopened the discussion on PZ 2001-15.
Tim Welch, seconded by Doug Blue, motioned to continue the public hearing of
PZ 2001-15 until July 26,2001. The motion carried (7-0) unanimously.
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department
Council Meeting Date: 7/23/01
Subject: Public Hearing for Amendment to the Zoning Ordinance Agenda Number: PZ 2001-18
by revising Article 7 Communication Towers and Television Receivers.
Ordinance 2531
CASE SUMMARY
Article 7 of the Zoning Regulations deals with Communications Towers and
Television Receivers. This section requires that all communication towers receive
approval from City Council through a Special Use Permit. Other requirements
require that the applicant document a distinct need for the tower, provide adequate
spacing from other towers and provide shared space on the tower for other users.
While this Section talks about visual impacts and removal of unsafe or abandoned
towers it does not address specific areas throughout the city where tower locations
are encouraged or discouraged.
City Council has had general discussions regarding this issue and has directed staff
to proceed with a zoning ordinance revision to encourage communication towers
away from residential properties and away from major thoroughfares.
North Richland Hills encourages antennas to be placed on existing structures and
buildings with shared locations where possible to limit the future construction of
towers. We are receiving requests on a more frequent basis and would like to direct
communication tower users to proper locations within our city.
In an effort to direct tower requests within North Richland Hills and encourage
proper locations with minimal visual impacts to the community, proposed revisions
have been made. The primary changes include the following:
· A new Communication Tower Buffer Zone Map that designates specific areas
where requests would be considered for future towers. The map requires 300
feet separation from residential properties, 150 feet separation from arterials and
commuter rail lines; and 1,500 feet from existing towers.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other _ ~
~)Q~
Department Head Signature
Finance Review
Account Number
Sufficient Funds Available
Finance Director
L:\Cases\Staff Reports\Communication Tower Setbacks
Page 1 of 2
CITY OF
NORTH RICHLAND HILLS
.
· The requirement for all tower requests greater than 65 feet in height to pay
additional application fees to the City for the purpose of employing an
independent consultant to review all documentation of need for a
communications tower.
· Stipulates that all sites are required to be surrounded by a 6 foot masonry wall.
· Requires monopole construction and stealthing the tower when possible with
natural or manmade features such as landscape features, clock towers,
steeples, etc. is encouraged.
· All new towers shall be designed to accommodate the maximum number of
additional users with adequate ground area for equipment and cabinets.
RECOMMENDA TION:
The Planning and Zoning Commission met on July 1 ih and voted 7 to 0 to
approve the ordinance.
CITY COUNCIL ACTION ITEM
L:\Cases\Staff Reports\Communication Tower ;:)t:lUélCI\,:>
Page 2 of 2
'.
·
7,
PZ 2001-18
CONSIDERATION OF PROPOSED TELECOMMUNICATIONS TOWER
LOCA TION MAP,
APPROVED
The proposed Telecommunications Buffer Map is an effort to encourage proper
location and use of towers. All communication towers must receive approval
from City Council through a Special Use Permit. The map requires 300-ft
separation from residential properties, 150 feet separation from arterials and
commuter rail lines; and 1500 feet from existing towers. A requirement for all
tower requests greater than 65 feet in height is proposed to pay additional
application fees for the purpose of employing an independent consultant to
review all documentation. The proposed ordinance also stipulates that all sites
are required to be surrounded by a 6-foot masonry wall. The ordinance requires
monopole construction and encourages stealthing the antennas/tower when
possible with natural or manmade features such as landscape features, clock
towers, steeples, etc. All new towers shall be designed to accommodate the
maximum number of additional users with adequate ground area for equipment
and cabinets.
·
Tim Welch questioned attorney reviews on this case. John Pitstick commented
that the map does show appropriate and adequate areas for new towers.
Doug Blue, seconded by Tim Welch, motioned to continue the public hearing of
PZ 2001-18. The motion carried (7-0) unanimously.
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Zoning Regulations
City of North Richland Hills, Texas
Article 7
COMMUNICATIONS TOWERS AND TELEVISION RECEIVERS
Section 700, PURPOSE
These regulations are intended to:
A. Provide for the appropriate location and development of communication towers and antennae to serve
the residents and businesses of North Richland Hills;
B. Minimize any adverse visual impact of towers and antennae through careful design, siting,
landscaping and screening;
C. Avoid potential damage to adjacent properties from tower failure through engineering and careful
siting of tower structures;
D. Maximize use of any new or existing communication towers so as to minimize the need to construct
new towers and minimize the total number of towers throughout the City;
E. Maximize and encourage use of alternative tower structures as primary option rather than construction
of additional single-use towers.
Section 705. DEFINITIONS
As used in this Article, the following terms shall have the meanings indicated:
Alternative tower structure shall mean man-made structures such as clock towers, bell towers, church
steeples, water towers, light poles, electrical transmission towers and similar alternative design mounting
structures that camouflage or conceal the presence of antennae and towers,
Antenna means any exterior apparatus designed for telephonic, radio or television communications through
the sending and / or receiving of electromagnetic waves, excluding satellite dish antennas.
FAA means the Federal Aviation Administration.
FCC means the Federal Communications Commission.
Height, when referring to a tower or other structure means the distance measured vertically from the finished
grade to the highest point on the tower, antenna or structure.
Tower means a structure constructed as a free-standing structure or in association with a building, other
permanent structure or equipment, on which is located one or more antennae intended for transmitting or
receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic
communication. The term includes radio and television transmission towers, microwave towers, common
carrier towers, and cellular telephone towers. A tower does not include a receive-only home television
antenna, or any satellite dish antenna two meters or less in diameter.
Section 710. APPLICABILITY
The regulations contained in this Article shall be applicable to all new towers or antennae in North Richland
Hills, except as provided below:
Article 7 Communications Towers & Television Receivers
Page 7-1
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Zoning Regulations
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A. Amateur Radio Station Operators / Receive Onlv Antennas. This Article shall not govern any tower
or the installation of any antenna, that is under forty-five (45) feet in height and is owned and operated
by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.
B. Pre-existinq Towers or Antennas. Pre-existing towers and pre-existing antennas shall not be required
to meet the requirements of this ordinance, other than the requirements of Section 730.
Section 715. BUILDING PERMIT AND I OR SPECIAL USE PERMIT REQUIRED
No communications tower or antenna shall be constructed without prior approval of a building permit.
Furthermore, where specified in this Article or in the Table of Permitted Uses, no communications tower shall
be constructed except with approval of a Special Use Permit (SUP) by the Planning & Zoning Commission
and the City Council. The application procedures contained in this Article relating to the application,
processing, and determination of whether to grant a special use permit as specified herein, are in addition to
any other provisions and requirements contained in other articles of these zoning regulations relating to
Special Use Permits.
A. Antennas are permitted in all districts on existing non-residential buildings or on alternative tower
structures with approval of a building permit, but without obtaining a special use permit if the non-
residential building or alternative tower structure exceeds fifty (50) feet in height and the antenna will
add no more than twenty (20) feet total to the height of the existing building or structure.
B. The effects of radio frequency emissions on persons or the environment shall not be considered in a
proceeding involving an application for a special use permit for a communications tower.
C. No communications tower may be constructed if there is a technically suitable space available on an
existing tower within the service area that the new tower is to serve.
Section 720. APPLICATION PROCEDURES FOR CONSTRUCTING A COMMUNICATIONS TOWER
Application for a building permit or a Special Use Permit to construct a communications tower must contain the
following information and will not be considered until all information is complete:
A. An inventory of the applicant's existing towers that are either within the City or within one mile of the
border thereof, including specific information about the location, design, and height of each tower.
The zoning administrator may share such information with other applicants applying for administrative
approvals or special use permits under this Article or with other organizations seeking to locate
antennae within the City; provided, however, that the zoning administrator is not, by sharing such
information, in any way representing or warranting that the sites are available or suitable,
B. A site plan drawn to scale clearly indicating the location, height, and design of the proposed tower,
equipment cabinets, transmission buildings and other accessory uses, access, parking, fences,
masonry screening walls, and landscaped areas.
C. A legal description of the site.
D. The separation distance from other towers within a one-mile radius of the proposed tower site.
E. A description of anticipated maintenance needs, including frequency of service, personnel needs,
equipment needs, and traffic, noise or safety impacts of the maintenance,
F. A report from a professional structural engineer licensed in the State of Texas, documenting the
following:
Article 7 Communications Towers & Television Receivers
Page 7-2
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Zoning Regulations
City of North Richland Hills, Texas
1. Tower height and design, including technical, engineering, economic, and other pertinent
factors goveming selection of the proposed design. A cross-section of the tower structure
shall be included.
2. Total anticipated capacity of the structure, incfuding the number and types of antennae that
can be accommodated.
3. Evidence of the structural integrity of the tower structure.
4. Failure characteristics of the tower and evidence that site and setbacks are of adequate size
to contain a failure within the site.
5. Certification that the tower will meet all applicable FCC, FAA and local building codes.
G. A letter of intent to lease excess space on the tower structure and to lease additional excess land on
the tower site, if structurally and technically possible.
H. The zoning administrator shall maintain and provide, on request, records of response from each
owner. Once an owner demonstrates an antenna of the sort proposed by the applicant cannot be
accommodated on the owner's tower as described below, future applicants for antennae of the sort
proposed need not contact the owner.
I. Shared use is not precluded simply because a reasonable fee for shared use is charged, or because
of reasonable costs necessary to adapt the existing and proposed uses to a shared tower. The City
Council may consider expert testimony to determine whether the fee and costs are reasonable,
J. Any other information which may be requested by the zoning administrator to fully evaluate and review
the application and the potential impact of a proposed tower or antenna.
Section 725. DOCUMENTATION OF NEED OF COMMUNICATIONS TOWER
No new communications tower shall be permitted unless the applicant demonstrates to the reasonable
satisfaction of the zoning administrator or, when applicable, the Planning & Zoning Commission, that no
existing tower, building, structure, or alternative technology that does not require the use of a tower can
accommodate the applicant's proposed antenna. The applicant shall submit information related to the
availability of suitable existing towers, other structures or alternative technology which will demonstrate that no
existing tower, structure or alternative technology can accommodate the applicant's proposed antenna. Such
information may consist of any of the following:
A No existing towers or structures are located within the geographic area, which meet the applicant's
engineering requirements.
B. Existing towers or structures are not of sufficient height to meet the applicant's engineering
requirements.
C. Existing towers or structures do not have sufficient structural strength to support the applicant's
proposed antenna and related equipment.
D. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the
existing towers or structures, or the antenna on the existing towers or structures would cause
interference with the applicant's proposed antenna,
E. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or
structure or to adapt an existing tower or structure for sharing are unreasonable.
Article 7 Communications Towers & Television Receivers
Page 7-3
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Zoning Regulations
City of North Richland Hills, Texas
F. The applicant demonstrates that there are other limiting factors that render existing towers and
structures unsuitable.
G. The applicant demonstrates that an alternative technology that does not require the use of towers or
structures, such as a cable microcell network using multiple low-powered transmitters / receivers
attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or
antenna development shall not be presumed to render the technology unsuitable.
H. If the zoning administrator is not satisfied that the applicant has provided adequate documentation of
need for the proposed site, the application shall be automatically scheduled for the next available
public hearing by the Planning & Zoning Commission for consideration as a Special Use Permit.
Section 730. GENERAL REQUIREMENTS
A. No advertising sign shall be allowed on a communications tower,
B. No signs or illumination shall be allowed on a communications tower unless required by the FCC, FAA or
other state or federal agency of competent jurisdiction, in which case the zoning administrator may review
the available lighting alternatives and approve the design that would cause the least disturbance to the
surrounding uses and views.
C. No equipmol'lt oabiRot or buildin~ shall eo greator th::1n eight (8) foot in hoi€ht and one hundrod (100)
squaFe foot in gros:c floor ::Jrea. All euilaings: or oaeinotc shall be oonstruotod of brio/< or colid concroto with
exposod ::Jg§re€ato oxtorior surfaoos:, Ðxsept for thoco '....ith locs than twonty Fivo (25) cqu::Jre foot of groce
floor aroa. Equißmont I3l:JildiR§s chall not bo usod for offioes, vehiclo ctor::Jgo or other outdoor ctor::Jge.
"All buildings or cabinets shall be constructed of brick or solid concrete with exposed aggregate
exterior surfaces, except for those with less than twenty-five (25) square feet of gross floor area.
Equipment buildings shall not be used for offices, vehicle storage or other outdoor storage. "
Section 735. SPACING AND DEVELOPMENT REQUIREMENTS
A. M::Jximum Height ::Jnd SotÐ::Jck No oommunio::Jtionc tower choll exceed 1 dO foet in height or tho m::Jximum
hoight ect::Jbliched in tho T::Jblo of Permitted Ucec. Every oommunio::Jtionc towor ch::J1I be cot b::Jc/< From
rm:idontially zoned prepmty ::Jt a ratio of threo (ð) foot of s:etb30k for each one (1) foot of tower height.
Maximum Height and Setback - No communications tower shall exceed 130 feet in height. All
applicants for communications towers greater than 65 feet in height shall be required to pay
additional application fees to the City of North Richland Hills for the purpose of employing an
independent outside consultant as designated by city staff to review the special use permit and all
documentation of need for a communications tower.
B. Spaoing All oomml:Jnio:1tionc towors: oonctruotod shall oonform to tho minImum towor copar::Jtion
requiremoRts: ,listed in T::Jblo 7 1. An ::mtoRn::J mOl:Jnted on ::11'1 oxisting comml:Jnic::Jtions towor or on 31'1
::Jltornotivo towor structure Gh::J1I be oxompt from these minimum cepar::Jtion dictancoc.
Spacing - All communications towers constructed shall conform to the Communication Tower
Buffer Zone Map (Figure 7.1). An antenna mounted on an existing communications tower or on
any alternative tower structure shall be exempt from buffer requirements. "
Article 7 Communications Towers & Television Receivers
Page 7-4
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Zoning Regulations
City of North Richland Hills, Texas
T3Slc 7 1
C. Maximum Number of Towers - No more than one communications tower shall be allowed on a lot or
parcel, provided, however, that additional towers may be approved on the lot with a Special Use Permit
D. Safety - A communications tower should be located in such a manner that if the structure should fall along
it's longest dimension it will remain within property boundaries and avoid habitable structures, public
streets, utility lines and other towers.
E. Landscaping - All free standing communication towers shall comply with the landscaping requirements
contained in the Landscapinq Requlations of the City of North Richland Hills; provided, however, that the
City Council may require additional landscaping to mitigate an adverse condition or may waive such
landscaping requirements when considering a request for a Special Use Permit
F. M:JE:onry Soreening \^JallE: All wee ct3nding oommlJnio:Jtion towers ch:J1I oomply with the m:Jconry
screening wall re!illJlationÐ oont:JinÐEI in Article 10, Sectien 1020, "Screening Walle" of the zoning
regl:Jl:JtionE: of the City sf Nerth Richland HillE:; provieed, however, that the City COl:Jnoil m:JY require
3dditional rn:JE:onry cereening '¡diE: to mitigate 3n :Jd'/erce oondition or m:JY waive suoh m:Jsonry
screening wall reEluirernent '.':hen ÐonE:idcring :J reqlJest for :J Special UE:e Permit
Masonry Screening Walls - All ground areas containing equipment cabinets or buildings shall be
required to be screened on all sides by a 6 (six) foot masonry wall."
Section 740. VISUAL IMPACTS
Communioations to'Nere: and :Jny eqlJipment blJilding :Jnd rel:Jted structlJres ch:JII, to the extent poscible, uce
m3teriale, oolore, textures, soreening, ::md lanEls:oa¡:¡ing th:Jt will blend the tower :Jnd rebted boilitiec to the
n3tur3/ s:etting 3Ad built eAvirønment
"Communications towers and any equipment building and related structures shall, to the extent
possible, use materials, colors, textures, screening, and landscaping that will blend and stealth the
tower and related facilities to the natural setting and built environment. "
A. All towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the
FAA or other applicable federal or state agency, be painted a neutral color, so as to reduce visual
obtrusiveness.
B. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and
mechanical equipment must be of a neutral color that is identical to, or closely compatible with , the
color of the supporting structure so as to make the antenna and related equipment as visually
unobtrusive as possible.
C. All tOVlers chall be of monopole oonE:trlJotion un Ieee: the City Counoil :Jpprovec an :Jlternate decign.
"All towers shall be of monopole construction unless the City Council approves an alternate
design. Disquising or stealthing towers with natural or manmade features such as landscape
features, clock towers, steeples, etc. is encouraged."
Article 7 Communications Towers & Television Receivers
Page 7-5
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Zoning Regulations
City of North Richland Hills, Texas
Section 745, SHARED USE
All Re'.V tewers sRûll Be elesiflFleel te strl:Jctl:JFally assommsGate the FnûximuFI1 AUFnBer of additional 1:Iscm:
techFlisûlly f3f3etisûBle.
"All new towers shall be designed to structurally accommodate the maximum number of additional
users technically practicable. Adequate ground area is required to be provided for equipment
cabinets and buildings to accommodate the maximum number of additional users. 11
A. To encourage shared use of towers, no special use permit shall be required for the addition of
antenna(e) to an existing tower so long as the height of the tower or structure on which the antenna is
placed is not increased and the requirements of this Article are met.
B. Any Special Use Permit which is granted for a new communications tower is specifically subject to the
condition that the tower owner abide by the following provisions relating to shared use, regardless of
whether or not the ordinance granting the permit contains such conditions:
1. The tower owner shall respond in a timely, comprehensive manner to a request for information
from a potential shared use applicant;
2. The tower owner shall negotiate in good faith for shared use by third parties;
3. The tower owner shall allow shared use where the third party seeking the use agrees in writing to
pay reasonable, pro rata charges for sharing, including all charges necessary to modify the tower
and transmitters to accommodate shared use, but not total tower reconstruction, and to observe
whatever technical requirements are necessary to allow shared use without creating interference,
4. The willful failure of an owner whose tower was approved under this article to comply with the
requirements of this Article shall be grounds for withholding approval of any application by the
owner for a building permit for the approved tower, for revoking the special use permit granted for
the tower, and for refusing to approve a new special use permit for any new tower or antenna.
Section 750, REMOVAL OF UNSAFE ANTENNAS AND TOWERS
All towers and antennas shall be maintained in compliance with standards contained in applicable building
codes so as to ensure the structural integrity of the towers. If upon inspection by the Building Official the tower
is determined not to comply with the code standards or constitutes a danger to persons or property and the
tower is not made safe or removed within sixty (60) days of notification from the City notifying the owner of the
unsafe tower or antenna, the City may remove the tower or antenna and place a lien upon the property for the
costs of the removal.
Section 755. ABANDONED TOWERS
Any antenna or tower that is not operated for any continuos period of twelve (12) months shall be considered
abandoned, and the owner of such antenna or tower and the owner of the property where the tower is located
shall remove the tower or antenna within ninety (90) days after notification from the City to remove the tower
or antenna.
A. If the tower or antenna is not removed within the notification time period, the City may remove the
tower or antenna and place a lien upon the property for the costs of the removal.
B. If the owner of an abandoned tower or antenna wishes to use the abandoned tower or antenna, the
owner first must apply for and receive all applicable permits and meet all of the conditions of this
article as if the tower or antenna were a new tower or antenna.
Article 7 Communications Towers & Television Receivers
Page 7-6
Zoning Regulations
City of North Richland Hills, Texas
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Section 760.
PRE-EXISTING TOWERS AND NON-CONFORMING USES
All communication towers operative prior to the effective date of this Article, shall be allowed to continue their
present usage as a non-conforming use and shall be treated as a non-conforming use in accordance with the
zoning regulations. Routine maintenance shall be permitted on the existing towers. New construction other
than routine maintenance on an existing communication tower shall comply with the requirements of this
Article.
Section 765, PUBLIC PROPERTY
Antennas or towers located on property owned, leased or otherwise controlled by the City shall be exempt
from the requirements of this Article.
Section 780. TV SATELLITE DISC RECEIVERS
A. TV Satellite receiver dishes shall be allowed in any residential district or in the AG Agricultural District and
shall comply with the following regulations:
1.
2.
· 3.
4.
No TV satellite receiver dish shall have a diameter greater than twelve feet.
TV satellite receiver dishes shall only be located in a rear yard and no portion of the receiver dish shall
be less than six feet from any side or rear property line.
No TV satellite receiver dish shall be located within or encroach upon any drainage or utility easement.
No portion of a ground-base mounted TV satellite receiver dish shall extend beyond fifteen feet above
the existing grade. However, a ground-pole mounted TV satellite receiver dish located adjacent to or
within three feet of the rear of the main structure shall be allowed provided that it not be visible between
ground level and five feet above ground level when viewed from the front of the structure at a point
nearest the curb line or edge of the street. Furthermore, a roof mounted TV satellite receiver dish may
be located on the rear portion of a roof of a main structure, provided that it not be visible between
ground level and five feet above ground level when viewed from the front of the structure at a point
nearest the curb line or edge of the street.
7. No lettering, logo, or any form of advertising shall appear on the face or back of the receiver dish,
except the name of the manufacturer or seller of the reception dish.
8. Only one TV satellite receiver dish shall be allowed per residential lot.
·
9. TV satellite receiver dishes with a diameter of one meter, or less, can be installed in a manner
consistent with typical television antennae.
B. In Zoning Districts 0-1, LR, C-1, C-2, OC, 1-1, 1-2, or U, where such disc receiver is utilized in conjunction
the conduct of an associated permitted business, one TV Satellite disc receiver may be installed either on
the roof of a building or on an approved pole mounting system, Such disc shall be located behind the front
building line of the lot. The disc may not exceed a maximum of twelve feet in diameter and must not
exceed thirty-eight feet in total height from the surrounding lot grade. Where the lot abuts a residential
district the pole mounted disc installation shall be placed such that the total height of the unit shall not
exceed a ratio of one-foot distance from the residential property for each one and one-half feet of height.
In roof top installations on permitted high-rise buildings the disc may not exceed twelve feet in height
above the main roof structure of the building.
Article 7 Communications Towers & Television Receivers
Page 7-7
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Zoning Regulations
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C. A permit must be secured from the Bui/ding Inspection Office for installation of all TV Satellite Disc
Receivers.
Article 7 Communications Towers & Television Receivers
Page 7-8
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ORDINANCE 2531
AN ORDINANCE BY THE CITY OF NORTH RICHLAND HillS, TEXAS
AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 7
COMMUNICATION TOWERS AND TELEVISION RECEIVERS,
SECTION 730 GENERAL REQUIREMENTS, SECTION 735 SPACING
AND DEVELOPMENT REQUIREMENTS, SECTION 740 VISUAL
IMPACTS, SECTION 745 SHARED USE, 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 Ordinance No. 1874 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, Article 7 COMMUNICATIONS TOWERS AND TELEVISION RECEIVERS,
Section 730. General Requirements, Paragraph C. is hereby amended to insert the
following:
· Section 730. GENERAL REQUIREMENTS
A...
B. ..
C. "All buildings or cabinets shall be constructed of brick or solid concrete with
exposed aggregate exterior surfaces, except for those with less than twenty-
five (25) square feet of gross floor area. Equipment buildings shall not be
used for offices, vehicle storage or other outdoor storage."
Section 735 Spacing and Development Requirements, Paragraph A. Maximum Height
and Setback, Paragraph B. Spacing and Paragraph F., is hereby amended to insert the
following:
Section 735 SPACING AND DEVELOPMENT REQUIREMENTS
"A. Maximum Height and Setback - No communications tower shall exceed
130 feet in height. All applicants for communications towers greater than
65 feet in height shall be required to pay additional application fees to the
City of North Richland Hills for the purpose of employing an independent
outside consultant as designated by city staff to review the special use
permit and all documentation of need for a communications tower.
·
Ordinance No. 2531
Page 1
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B.
Spacing - All communications towers constructed shall conform to the
Communication Tower Buffer Zone Map (Figure 7.1). An antenna
mounted on an existing communications tower or on any alternative tower
structure shall be exempt from buffer requirements."
"F. Masonry Screening Walls - All ground areas containing equipment
cabinets or buildings shall be required to be screened on all sides by a 6
(six) foot masonry wall."
Section 740 Visual Impacts introduction and Paragraph C is hereby amended to insert
the following:
Section 740 VISUAL IMPACTS
"Communications towers and any equipment building and related structures shall, to the
extent possible, use materials, colors, textures, screening, and landscaping that will
blend and stealth the tower and related facilities to the natural setting and built
environment. "
A.
B.
"C. All towers shall be of monopole construction unless the City Council
approves an alternate design. Disquising or stealthing towers with natural or
manmade features such as landscape features, clock towers, steeples, etc. is
encouraged."
Section 745 Shared Use introduction paragraph is hereby amended to insert the
following:
Section 745 SHARED USE
"All new towers shall be designed to structurally accommodate the maximum number of
additional users technically practicable. Adequate ground area is required to be
provided for equipment cabinets and buildings to accommodate the maximum number
of additional users."
A. . .
2.
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
Ordinance 2531
Page 2
.
.
.
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.
3.
SAVINGS CLAUSE. That Ordinance Number 1874, 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.
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 DAY OF
2001.
ATTEST:
Mayor Charles Scoma
City of North Richland Hills, Texas
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 2531
Page 3
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CITY OF
NORTH RICHLAND HILLS
epartment: Environmental Services
Council Meeting Date: 07-23-01
Subject: Ordinance NO.2561-Temporary Food Vendors located at a Agenda Number: GN 2001-073
Business
In the past year, the Environmental Services and Planning and Inspections Departments
have had numerous inquiries to allow and permit temporary food vendors to operate
outside and adjacent to local businesses. These inquiries are primarily from vendors
wanting to operate "hot dog carts" in front of businesses such as Home Depot. Currently,
there are no provisions for such operations.
It should be noted that these types of temporary food vendors are different from Mobile
Food Vendors who are regularly permitted under Ordinance 2406. The carts that are used
are not motorized and therefore do not fall under Mobile Food Vendor regulations. In
addition, Mobile Food Vendors do not stay in anyone location more than 15- 20 minutes,
traveling around the city from site to site through out the day. The attached proposed
Ordinance will regulate and permit Temporary Food Vendors to operate in NRH as
follows:
>- Requires that business have a minimum of 10,000 square feet to qualify for a
temporary food vendor event. We have also included a provision for contig'uous
businesses to qualify.
>- Stipulated that the permit is issued to the business only and not the vendor.
>- Requires that the vendor be located within 10 feet of the front of the business and
that the vendor may not block firelanes, parking spaces or ingress and egress of
business.
>- Allows a business to have up to four (4) events each month, each event to be no
more than three (3) consecutive days and that the events must be at least four (4)
consecutive days apart.
>- Allows for no more than one vendor per event.
>- Requires that the food vendor must comply with all regulations pertaining to
temporary events.
>- Sets the permit fee at $50.00 per event to be obtained by the business which is in
accordance with the current ordinance fees for temporary event permits
>- Requires the food vendor to remove the equipment at the end of each day of
operations and provide approved commissary information before permit is issued.
>- Requires that they may be permitted in all zoning districts except Residential
districts.
Recommendation: It is recommended that the City Council of North Richland Hills
approve Ordinance No.2561, which permits and regulates temporary food vendors located
outside and in front of a business.
Finance Review
Source of Funds:
Bonds (GO/Rev,)
_ Operating Budget
.. Othe
Account Number
Sufficient Funds Ävallable
Finance Director
Page 1 of
.
e
e
e
ORDINANCE NO. 2561
AN ORDINANCE ESTABLISHING REGULATIONS FOR
TEMPORARY FOOD VENDORS WHO OPERATE IN
CONNECTION WITH, AND ON THE PREMISES OF,
ANOTHER BUSINESS.
WHEREAS, Ordinance 2406 provides that temporary food establishments may
operate in the City by procuring a City permit; and
WHEREAS, the City Council finds that the regulations contained in this
Ordinance should be adopted to regulate temporary food vendors which are located on
the premises of an established business.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS THAT:
1.
QUALIFYING BUSINESS
A.
A business must have a minimum of 10,000 square feet of building space to
apply for an outside temporary food vendor permit. Several contiguous
businesses with 10,000 square feet of building space overall may qualify for this
permit.
B. There must be at least 10 feet in front of the business in which to locate the
temporary food vendor.
2.
FREQUENCY OF OPERATION
A. A business may obtain a permit for no more than four (4) temporary events each
month where food is served to the public from a temporary food vendor located
outside of the business.
B. The permit shall allow operations for three consecutive days per event.
C. There must be 4 consecutive days between the expiration of a permit and
beginning of next permit obtained by a business.
3.
LOCATION
A.
The temporary food vendor must be located within 10 feet, directly in front of the
business.
e B.
e
e
The temporary food vendor shall not be located in any fire lanes or parking
spaces and must allow for at least 4 feet of walkway into the building.
4.
PERMITTING
A. A base business shall obtain a permit for each event from the Environmental
Services Department. The base business shall be the permitee in each case
B. The permit fee shall be $50.00 per event.
C. A business must comply with all regulations as pertains to Zoning and Fire
regulations of the City of North Richland Hills before obtaining a permit.
5.
GENERAL PROVISIONS
A. The temporary food vendor must comply with all regulations in Ordinance 2406
as pertains to temporary food service operations.
B.
The temporary food vendor must provide, in writing, location and inspection
information of the commissary that vendor uses to obtain and store food
products. The information must be provided before permit can be issued.
C. No equipment may be left on site over night. All equipment associated with the
temporary food vendor must be removed to approved commissary location at the
end of each day of operations during the permitted event period.
D. Temporary vendors may be located in any zoning district other than residential
districts.
6.
It shall be unlawful to operate a temporary food vendor business without a City
permit.
7.
If this ordinance conflicts with any portion of any other ordinance, the terms of
this ordinance shall govern. ..
8.
Any person, firm or company operating or attempting to operate a temporary food
vendor business without a City permit shall be deemed guilty of a misdemeanor. Any
person, firm or company who violates any portion of this ordinance shall be guilty of a
2
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e
e
misdemeanor and fined up to $200.00 for each offense. Each day shall constitute a
separate offense.
PASSED AND APPROVED this
ATTEST:
Patricia Hutson, City Secretary
3
day of
,2001.
APPROVED:
Charles Scoma, Mayor
CITY OF
NORTH RICHLAND HILLS
.
Department: Public Works
Council Meeting Date: 7/23/01
Subject: Approve Chanqe Order NO.1 for Drainaqe Improvements Agenda Number: PW 2001-014
at Iron Horse Golf Course in the Amount of (Provided at
Meeting) to the Miscellaneous 2000 Street Improvements
In an effort to expedite the completion of the drainage improvements along Hole #1 at Iron
Horse Golf Course, Staff has contacted a contractor who is currently under contract with
the City about constructing these improvements as a change order. The contractor agreed
to the change order and is currently working on a quote and schedule. Although the costs
are unknown at this time, the contractor indicated an approximate cost range that seemed
reasonable. Staff will provide the exact cost and schedule during the Council Meeting.
These drainage improvements will be Change Order NO.1 to the Miscellaneous 2000
Street Improvement Project awarded to McClendon Construction Company on February
12,2001, PW2001-006.
If the cost and schedule provided by the contractor are not reasonable, then staff will
proceed with bidding the project.
Recommendation:
Approve Change Order No.1 in the amount of (Provided at Meeting) for the
Miscellaneous 2000 Street Improvement Project.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds val a e
7/!/(¡L~ (}~~, ~
Department Head Signature
Finance Director
c.-J
Page 1 of _
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Announcements and Information
July 23, 2001
Announcements
Sign up today for the Summer Reading Program at the NRH Library. Call 817-427-
6800 for details.
The 4th Annual Texas State Junior Lifeguard Championship will be held on July 29th
at NRH20 Family Water Park.
Information
Julv 27
Dive I n Movie
Toy Story
NRH20 Family Water Park
9:00 p.m.
817-427-6500
Julv 27-28
Budget Work Session