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HomeMy WebLinkAboutCC 2001-07-23 Agendas . . 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. . 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 ("') · ---1 ð ! 3S- /Trr, Time 7/23/01 City Council Agenda Page 1 of 4 8~ e 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. . 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 e 7/23/01 City Council Agenda Page 2 of 4 e 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) e e 7/23/01 City Council Agenda Page 3 of 4 e 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. . e 1þo.¡.;;---- -_: 10 '. ~~_~____-,_~. Trme City Sëcrètar'Y q~'7--'-"~ 7/23/01 City Council Agenda Page 4 of 4 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 ~ . 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: . 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. . 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 .' . . . The City's consulting engineer, representatives from the Golf Course and City staff will be available to answer questions. Respectfully I 'II/{ (-~ CA-t- Mike Curtis, P.E., Public Works Director 2 f · , , INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2001- 099 ~..~ -=pre=- I / 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 .. . 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. -- - INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2001-100 .\ I -=3..~ ~t-= ?1r 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. e 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. . 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 - 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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II) :; 3 CÐ :s - I\) o o ~ c.. c: - '< .¡::. .... ::T o CD - CD C'" ~ m .... -- o ~ en c: < CD '< " c :s Co :r CCI en o c t=J CÐ m :s S' ;:¡. !. ~ 3 CÐ ~ - o o (II - " ¡' ~ o ... ~ o o (II - o - =- CÐ ... o o tn ~ -I o !: o o (II - - 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 e e INFORMAL REPORT TO MAYOR AND CITY COUNCIL No, IR 2001-098 ., ~.~ ~ 1/ ". I 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. e 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 e e e 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 1 e e e 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 2 e e e 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 3 e e e 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. 4 e e 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. e 5 e 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. e e 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 6 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 e e e 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. 7 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: · · 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. , e . 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 ,,- e Present: e 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 e 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 e 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 e 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 e 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. e 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 e e e e 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. e e e 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" e e e City Council Minutes 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. e e e City Council Minutes 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. e e e City Council Minutes 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 e e e City Council Minutes 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 e e e e City Council Minutes 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. e e e 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 J Q ~ "~lYœi~ . I" IN 1-' .......'... ... ,?~ ~~~ft~ t= -oCt.. - % ~ ~III'" 1: W- DGE 0 = - JS N I' .. v~tT~ ~ 1-= p.. 1f.... "" I 'I . . I; / ¥ i - ~ ~ ~ ~ ';': u:: 8 I!! I ~ ~ i 3 j ~ ~."j ¡ ~~~£ < I~ ~ ~ - ~ i ð I!! ~ < ! ~ ~-- ,. li8Þ~ ~~ ~~, 1;) ~ - N J." . ~ : ~ ! ! , ! Ñ-~ G:L~d~ I I L...R·~R· II.. ~h. .~.~ø II. 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HU?,,^\ \:::/\ _ /\ \ " \ ~ \\'~\ : \, ~/\ "1 -1 ~ --.., - ---- ,- ~~ __ ____ _ .1___ - '\/ / / -' // \ ( Z:J :16Dá BH-;B :P~"t) :lZS - INn H:JJ.Y/f ) ,i!!!!'!!!"III!!I!!!!!!!I!!!!!!!I'!!I!I!'I!!I!: ~ < t- o ~ U I!! ~ - ~ î ? '='"' -. ... ~ 1'1 I!! - - -- .. .. ¡ :::¡ .. .. ÿ .. .... .. .... ~ .. = i Q :¡ Z ~ .. ~ --!:--" :z: u u .. ¡¡ .. :z: .... .... .. .. .. .. 0 z æt5: 1'1 1'11'1 '1'1 III... j ----,-~-O)- tß~~ ~-çu- ~ ~ ~ (¡) (t T""W ~ c: o c: o CD o- Ne> ,_ (j) en Cl.. ~ o LL o II Èi - ø o Q o ., 0 ~ ~ ,¡ , \ - '" ~ '> - - ~ I ,. "\\~ ~ g---~ ~ \ / \ _..::-".:.-~.__.- - \ '" ---, r-, , NRH 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 '-~I ~~ ~ _'\ ,\ ~I ..~ L:l:tb:' . M~\:; t:'A~ .~ \, \'l~ ~ - - ~ A ~ ~~; ~ , ...... "-~ ::I ~ 'Po ~ ';" ~~ ~~NO u::! u _ . ~~...~ '~C\l ~ U Q J - _N r 'I" ú;! i ~......... 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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 13R 12R 11R 1aR q T~lEW OR I llR TR 3A3 2.]q AC !~ßiI _.J< 16 1 7 18 1 q 20 2 :3 4 TR 3A 2.53 :\c .'f: I.:; ...:...,5.., 4 3 ~ ~ 1" I 21 22 n 24 25 26 27 29 - - ,>'.. T.. þ....i. ,gl"'¡~ J,. r-:3:'<C) ~ <"'" \ HIGHTOWER DR. .¥...~ , ~.... I I..':s;-l·...·· r;'; I _ ;¡ ~ i;.: 4~<' 21. 1 '\ .T;/. 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AC ~~~ .".., t . 0,1 AO; ),.:.t '" ~ : ',~ ..( ,-'" 1 ",- ~ ~:..-. "., ..... '-" :>:'1 '.::.t ~~,. ¡ . I , y.¡-';~. I ~; . ~ r:..: ....: ""',~. ¡ TR.4 '-"",- -. I 5 =: AC ,-~:.,,: ~.-'! I .- -..ç,. I . - ~.~ -, I~JI I 1 ....... "" '\ :~~ \. 1~· ~;; ,.,. 22·..., I 2"'3 ~z 2q ~ ,. "'" I I . ')II ..... ~,. ~ ß/tAIJ 1 ScN D ¡¿ ì1\~/ ~\ 6 I \ \ - -3 · · · .. 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 · ;~. ~>',.:;-;':'- .. '::,'., ...····'-I.! 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 I I I ! r- ~i I , i ~~I A iRl¡ ././ .......,...:« ",..A/ 0 ~ r¡ I ,/ ......... /:ð\ . / 1..1' /' \.//' ~f~5a'í3 /8 - R I \ ,.., ./ ..r,./ ");V,O....::--- f.~r/./ ....,......... ,/ ~ ~ \ ,., ,; ~..., .." ~ , -"!;¡'''--:-- ...., \ .'('. 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'.--------__ "'10.,. -- ~-:~ TR.381A 2,1 AC . - .,.~.~,~...~';'~ "'-... . ~-,'."."'..._."'" ... - - .+" ....-....- · 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 t I llR .~I\ -......-- >- i ~ ¡ 82 ¡ l8R i 87 19R ,..- 21lJR ~ 33R ,'" .. 28 7 . ø~ AC l,;Ñg ~ ~ ;, '19 :~ 1~,~ ) j ", i ~ ~'" / "i~l t¿. ',/ '''~ ('., \~ l 0o,^ '~~'" J- ".~.' '" ............ 35A ~ i' 16R 3 17R \U La.I -oJ '2. ~ ~ (/) 21lJR 21R 22R 23R 'Y 24R ~.:-" .. .................... 1121121 ......... 9R IbM ...... 2R qR .' 8R l7R :~~E 1R 7R 1BR 6R 2R 12 15 I.ù 14 13 2 'C 13 14 ..J \l.U 12 1 - I..U '-' ...J 11 16 -Z lØ 17 18 9 8 ,'. ~~ ~~ 1 RA 2R 1 l,Q9331 a ~~~~ ,..~~~ ..... r"1ll:, ./ ð. ¿._J ~ 42 C R '}., //' lRB l,3858Q a [) .'~ 1l N RIC¡#0CS It, I B.<O " '~ '-...., '" '-...., " PZ 2001-06 4705 SUSAN LEE LANE LOT 20, BLOCK 5 RICHLAND TERRACE ADDITION ~ - - íH ~IOP c, 10 1 LJ--./ AO( \llll "-:;~1@ ( -'~~ '-~ 1 5 ......... " ...,......~ ......... ............... ................. ............... LJ~~ \'~ 0 lCr-\ 8íEJ~pX . 22R '::'88' ,. .~~::::. ·:r:·,·:~:·::~:~::;~:~::.:·::, .... 1 :...::;:: . 2R {::," " ,,' ff, 1 R \ ~, 23R lR 24R 16 17 18 18 17 lQ 16 21 22 23 12 \ 7RAl \ \ 24 ---- ....-.......... 2 '--,--- -- TRACT 4R ~:., '-='" 411.' TJW:T 41'1'" lBl 182,ß' .' 01/03/al 16:21 'C811 4855140 HUGG!NS HONDA 141002 ~- -- ,. . HI!!~tNS 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. .~~"¡', , f.1~......, I" , '~~).,.....' " " ,~. ...". r':'...·:~,¡,~Ik"tl ~ '. . I P~."" I, . ' ~ . I_~_.~oII' .,' ,., r' I' ~.... I'. . '..~' ,... . , ~4~. ,. t"· ..:'~'. , '" ~. . . ~..._11'''' '1'''' .' \ ".... " ''''~''tt1...~~'tt~::.').,~~rt.~::. . . ~ , ;;:¡¡¡__ ~ r~'h~ , ' " , ,~..~..~~...~. , ",I ,\~tU~''''';;' , , .', J.. '\. ,_ .. ..,,~'" ." . I ,_. . 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 · · · 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 . --- ,-- ------- --..~ . _. - ._ .,___ _u . -.,.-- ....- ----_.-._-- --- ---.-'- ._- --.---. .-------.--- ....... -.-_.- .---..,.- -.-------- ---- --_.__.. ---- - ---~_.._._----------~--_._---~--_._---- _._---.. -----._-- --.------- - ----. ~_ _______..___ __. _ ..... _. ..._ ___ ___..____._____.__.._.___.____._+___ __.______....____n.._.... ____ .___.__._...._._.___.__._ _...."___..___._____ -'- .." - ~- . - - -- - - -.--... ._.. ... - .-- .-", .., -_. --------- --.-..-- - -.--- _. --- .__._- .--- -.-----~- ----- .--- ._._-~-,_. --._------ . -- - ._--_.. ".-- ---- - - - - ---, '--- - -- '. - - ___._._. ____ -0--·-_.-- ..__.___ __.._ _ .___.__ .-- - ..-----.--,.-.. --.'.- --....--- ._. _ __ _ ._. __._ '.H _ _ _ --.-.-.-..-.-.-...-----..-- --..-. --_.-_...._-~_. ----. ...------- - ------------ .-- -.-------- --. --_. -- .-- - _~__ _.. . ._ - - _h 4·_____. ---- ------.-------.---- . - -..--. --. - --- -.- - - 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 ,..- · · · 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 e 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 e 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 -, (:, : ~.. !"" -,. 14 15 16 --1 i i~ ~ 6 .- 7 ~ .;~ ~ ~.~ <. ~s .- 27' 26 25 24 :-~ w .;~:' ~'.;O,: .,:,., TR 15 e70 AC // / / / / / .,'¡ I 'I /,~',; I / I I ! I I I I I I I I I ,/ í / I / I I / í / ! I I I i I : j ! I ! I i ! TR 1 58 \ æ ¡ 2.434 AC \0 1-z !c;r ¡ .v ~ ~~ z. * ! I i ~ j .;,: ¡ ~ 1···.:.- ¡:~ , :::,;. .:::: ::, TR 158 2.434 AC TR 15 HiL ~,~0 AC .... ^ \ \ ~- '- -- ~ \e.,,· . : ......: ';'.: ,....;... : ::,,~. " .... .... . . TR 148 P~ 2001-15 PD , Silvera do Addif . ::' i Block 1, Lot 1 Ion 8~ ~ 14" R \" ,...- (.. h ;'; ::! ~L- ~ t:- 16 '~- "~I 3R1 9,304 @ --~ rAt?, \'.;¡ ) ~,,:/-...- ~ ¡ I r i \ \ \ \ \ ,'- .\ \ \ \ \, '\ ....~ , ' , \ :',-: --A \ r' \ { ( / \ V) ,__ Q \ TR 1 4C 1 \r"\ \ I) \-~ .--~\...., \ \ \, ~ 'i- \ç;\.J\,C-' \ .../ " "',.... \ ' , ("''\' ) \"\ \ 'D,\.,) \.... __...................---..~ '\ .'~ (-:;,\-.,~ /\ 1481A.·r \' ',.:';>~ \ /' 'J'~ \ 1 '. ·/0" 'A \ ,:./ ( ':.,' \ \ /./ ~ ~. ¡ /" ,.,.' \ 3.ØQ 0 \./' ~v ¡,.:: \ );/>---\ \, // i :",,:1,'...': \ ' // o'<.r / ¡. 7R \ ~/ 0~' //:.,' ¡ \ // () / ! /' lA ,.: ~ j ! i ( i i \ \ \, ~ . .( ....... /.- i.!'~~~: 12R ~L ..- 4R - e e 6, 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. · · · · 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 · · · Zoning Regulations City of North Richland Hills. Texas 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 · · · ."--- - -....-~._........'.. 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 · · · 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 · · · 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 · · · 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 · 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 · · · Zoning Regulations City of North Richland Hills, Texas 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 · 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 · · · 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 '" ~ 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 - 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 _ t . . 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