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CC 2015-05-14 Agendas
CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, May 14, 2012 6:00 P.M. A.0 Discuss Items from Regular City Council Meeting B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) State of Texas v. City of North Richland Hills (No. 2011 - 002840 -1); and 2) State of Texas v. City of North Richland Hills (No. 2011 - 000462 -1) B.2 Executive Session: Pursuant to Section 551.074 Texas Government Code, to deliberate the appointment of a public officer or employee: Municipal Court Judge and Alternates. C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on May 11, 2012 at W , 0 a.m. _ C dk(o s is ant I y Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. NRH City Council Agenda — May 14, 2012 Page 1 of 5 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, May 14, 2012 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Turnage A.2 Pledge - Councilman Turnage A.3 Special Presentation(s) and Recognition(s) - Proclamation for "National Public Works Week" presented by Councilman Welch A.4 Special Presentation(s) and Recognition(s) - Proclamation Recognizing "Building Safety Month" presented by Councilman Whitson A.5 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.6 Removal of Item(s) from the Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so NRH City Council Agenda — May 14, 2012 Page 2 of 5 requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of April 23, 2012 City Council Meeting B.2 PW 2012 -010 Amending Chapter 102 of the Code of Ordinances by adding the new Articles VII and VIII, Establishing Regulations for Storm Water Waste Management and Post Construction Storm Water Management - Ordinance No. 3184 B.3 PW 2012 -011 Amending the City's Code of Ordinances for Section 54- 102(b) for Speed Zones on Precinct Line Road - Ordinance No. 3195 B.4 PW 2012 -012 Recommend Award of Bid for the 37th Year Community Development Block Grant Project: Scruggs Drive Sanitary Sewer Rehabilitation to PM Construction & Rehab, LLC in the amount of $151,122.00 - Resolution No. 2012 -012 B.5 PU 2012 -016 Award Bid No. 12 -021 Annual Contract for Irrigation System Components & Supplies to Metro Supply Co. B.6 GN 2012 -033 Approval of continued participation in Tarrant County's HOME Investment Partnership Program - Resolution No. 2012 -013 B.7 GN 2012 -034 Approve Denial of Rate Increase Requested by Atmos Energy Corporation, Mid -Tex Division - Resolution No. 2012 -014 C.0 PUBLIC HEARINGS C.1 RP 2012 -04 Public Hearing and Consideration of a Replat for Brynwyck Addition, being a revision of Lots 1 -29, Block A, and Lots 1 -4, Block B, Brynwyck Addition, containing 7.662 acres in the 8800 Block of Martin Drive. C.2 SUP 2012 -02 Public Hearing and Consideration of a Special Use Permit for an Emergency Clinic on property described as Lot 1, Block 1, Davis -North Tarrant Pkwy Addition; located on 1.709 acres at 8950 North Tarrant Parkway - Ordinance No. 3201 C.3 ZC 2012 -01 Public Hearing and Consideration of a Zoning Change from R -2 Single Family Residential to R -1 -S Special Single Family Residential on property described as Tract 18B, S. Richardson Survey, Abstract No. 1266 and located at 8800 Kirk Lane - Ordinance No. 3196 CA FP 2012 -02 Consideration of a Final Plat and Development Agreement to create Lot 5, Block 1, Taylor's Place Addition on property currently described as Tract 18B, Stephen Richardson Survey, Abstract No. 1266; located on 2.047 acres at 8800 Kirk Lane (This item is not a public hearing but related to Item C.3) NRH City Council Agenda — May 14, 2012 Page 3 of 5 C.5 ZC 2012 -03 Public Hearing and Consideration of a Zoning Change from C -1 Commercial to R -1 Single Family Residential on property described as Lots 5 and 6, Block 2, Mollie B. Collins Addition; located at 7828 Odell Street and 6841 Smithfield Road - Ordinance No. 3197 C.6 RP 2012 -01 Consideration of a Replat to create Lot 5R, Block 2, Mollie B. Collins Addition on property currently described as Lots 5 and 6, Block 2, Mollie B. Collins Addition; located on 0.391 acres at 7828 Odell Street and 6841 Smithfield Road (This item is not a public hearing but related to Item C.5) C.7 ZC 2012 -04 Public Hearing and Consideration of a request from B.H.L. Joint Venture for a Zoning Change from C -1 Commercial, 0-1 Office and R -2 Single Family Residential to U Institutional on approximately 12.929 acres in the 8200 Block of Davis Blvd. - Ordinance No. 3198 C.8 ZC 2012 -05 Public Hearing and Consideration of a request from B.H.L. Joint Venture for a Zoning Change from 0-1 Office and R -3 Residential to R -2 Residential on approximately 1.857 acres in the 8200 Block of Davis Blvd. - Ordinance No. 3199 C.9 RP 2012 -03 Public Hearing and Consideration of a request from B.H.L. Joint Venture for a Replat to create Thornbridge West Addition, being a revision of a portion of Holder Smithfield Estates and a tract of land out of the Stephen Richardson Survey, Abstract No. 1266, containing 24.964 acres in the 8200 Block of Davis Blvd. C.10 SDP 2012 -01 Public Hearing and Consideration of a Request for Appeal from Michelle Thomas for a revised Special Development Plan for Lots 1 and 3, Block 1, Meacham Addition, located within the Smithfield Transit Oriented Development Zoning District at 6333 Smithfield Road and 7828 Arthur Drive - Ordinance No. 3202 C.11 SUP 2012 -01 Public Hearing and Consideration of a Special Use Permit for a Gas Drilling /Production pad site on property described as Lot 5RA, Block 3, Industrial Park Addition; located on 2.027 acres at 6401 Browning Drive - Ordinance No. 3200 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 AP 2012 -01 Consideration of an Amended Plat for Lot 3CR, Block 1, Northeast Crossing Addition. Being a revision of Lot 3C, Block 1, Northeast Crossing Addition located at 9121 Boulevard 26. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS No items for this category. NRH City Council Agenda — May 14, 2012 Page 4 of 5 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Mayor Pro Tern Barth H.2 Adjournment All items on the agenda are for discussion and /or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on May 11, 2012 at W.0 a.m. si ant 1 y Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. NRH City Council Agenda — May 14, 2012 Page 5 of 5 City of North Richland Hills Work Session Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, May 14, 2012 6:00 P.M. A.0 Discuss Items from Reaular Citv Council Meeting B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the followina as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attornev reaardina Pendina Litiaation - 1 ) State of Texas v. Citv of North Richland Hills (No. 2011- 002840 -1): and 2] State of Texas v. Citv of North Richland Hills (No. 2011- 000462 -1) B.2 Executive Session: Pursuant to Section 551.074 Texas Government Code, to deliberate the appointment of a public officer or emplovee: Municipal Court Judae and AIternates. C.0 Adiournment M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject Agenda Item No. A.0 Discuss Items from Regular City Council Meeting M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject Agenda Item No. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject Agenda Item No. B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1] State of Texas v. City of North Richland Hills (No. 2011 - 002840 -1); and 2) State of Texas v. City of North Richland Hills (No. 2011-000462-1) M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject Agenda Item No. B.2 Executive Session: Pursuant to Section 551.074 Texas Government Code, to deliberate the appointment of a public officer or employee: Municipal Court Judge and Alternates. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject Agenda Item No. C.0 Adjournment City of North Richland Hills Regular Session City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, May 14, 2012 7:00 P.M. A.0 Call to Order - Mavor Trevino A.1 Invocation - Councilman Turnaae A.2 Pledae - Councilman Turnaae A.3 SneciaU Presentation(s) and Recoanition(s) - Proclamation for "National Public Works Week" presented by Councilman Welch AA SpeciaV Presentation(s) and Recognitions) - Proclamation Recoanizina "Building Safetv Month" presented! by Councilman Whitson A.5 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.6 Removal of Item(s) from the Consent Aaenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of April 23, 2012 Citv Council Meetina B.2 PW 2012 -010 Amending Chapter 102 of the Code of Ordinances by adding the new Articles VII and VIII, Establishina Reaulations for Storm Water Waste Manaaement and Post Construction Storm Water Manaaement - Ordinance No. 3184 B.3 PW 2012 -011 Amending the Citv's Code of Ordinances for Section 54- 102(b) for Speed Zones on Precinct Line Road - Ordinance No. 3195 B.4 PW 2012 -012 Recommend Award of Bid for the 37th Year Communitv Development Block Grant Proiect: Scruaas Drive Sanitary Sewer Rehabilitation to PM Construction & Rehab, LLC in the amount of $151,122.00 - Resolution No. 2012 -012 B.5 PU 2012 -016 Award Bid No. 12 -021 Annual Contract for Irrigation Svstem Components & Supplies to Metro Supply Co. B.6 GN 2012 -033 Approval of continued participation in Tarrant Countv's HOME Investment Partnership Proaram - Resolution No. 2012 -013 B.7 GN 2012 -034 Approve Denial of Rate Increase Reauested by Atmos Enerav Corporation, Mid -Tex Division - Resolution No. 2012 -014 C KIM 1gJ:11 ram :IXWAIV1►[ C.1 RP 2012 -04 Public Hearina and Consideration of a Replat for Brvnwvck Addition, beina a revision of Lots 1 -29, Block A, and Lots 1 -4, Block B, Brvnwvck Addition, containing 7.662 acres in the 8800 Block of Martin Drive. C.2 SUP 2012 -02 Public Hearina and Consideration of a Special Use Permit for an Emeraencv Clinic on property described as Lot 1, Block 1, Davis -North Tarrant Pkwv Addition; located on 1.709 acres at 8950 North Tarrant Parkway - Ordinance No. 3201 C.3 ZC 2012 -01 Public Hearina and Consideration of a Zonina Chanae from R -2 Single Familv Residential to R -1 -S Special Single Familv Residential on property described as Tract 188, S. Richardson Survev, Abstract No. 1266 and located at 8800 Kirk Lane - Ordinance No. 3196 CA FP 2012 -02 Consideration of a Final Plat and Development Agreement to create Lot 5, Block 1, Tavlor's Place Addition on propertv currently described as Tract 18B, Stephen Richardson Survev, Abstract No. 1266; located on 2.047 acres at 8800 Kirk Lane (This item is not a public hearing but related to Item C.3) C.5 ZC 2012 -03 Public Hearina and Consideration of a Zonina Chanae from C -1 Commercial to R -1 Sinale Family Residential on property described as Lots 5 and 6. Block 2, Mollie B. Collins Addition; located at 7828 Odell Street and 6841 Smithfield Road - Ordinance No. 3197 C.6 RP 2012 -01 Consideration of a Replat to create Lot 5R, Block 2, Mollie B. Collins Addition on propertv currently described as Lots 5 and 6, Block 2, Mollie B. Collins Addition; located on 0.391 acres at 7828 Odell Street and 6841 Smithfield Road (This item is not a public hearina but related to Item C.5] C.7 ZC 2012 -04 Public Hearina and Consideration of a request from B.H.L. Joint Venture for a Zoninq Chanqe from C -1 Commercial, 0-1 Office and R -2 Single Familv Residential to U Institutional on approximately 12.929 acres in the 8200 Block of Davis Blvd. - Ordinance No. 3198 C.8 ZC 2012 -05 Public Hearing and Consideration of a request from B.H.L. Joint Venture for a Zonina Change from 0-1 Office and R -3 Residential to R -2 Residential on approximately 1.857 acres in the 8200 Block of Davis Blvd. - Ordinance No. 3199 C.9 RP 2012 -03 Public Hearina and Consideration of a request from B.H.L. Joint Venture for a Replat to create Thornbridae West Addition, beina a revision of a portion of Holder Smithfield Estates and a tract of land out of the Stephen Richardson Survev, Abstract No. 1266, containinq 24.964 acres in the 8200 Block of Davis Blvd. C.10 SDP 2012 -01 Public Hearina and Consideration of a Request for Appeal from Michelle Thomas for a revised Special Development Plan for Lots 1 and 3, Block 1, Meacham Addition, located within the Smithfield Transit Oriented Development Zonina District at 6333 Smithfield Road and 7828 Arthur Drive - Ordinance No. 3202 C.11 SUP 2012 -01 Public Hearina and Consideration of a Special Use Permit for a Gas Drillina /Production pad site on property described as Lot 5RA, Block 3, Industrial Park Addition; located on 2.027 acres at 6401 Brownina Drive - Ordinance No. 3200 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 AP 2012 -01 Consideration of an Amended Plat for Lot 3CR, Block 1, Northeast Crossina Addition. Beina a revision of Lot 3C, Block 1. Northeast Crossina Addition located at 9121 Boulevard 26. E.0 PUBLIC WORDS No items for this category. F.0 GENERAL ITEMS No items for this category. G.D EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Aaenda H.0 INFORMATION AND REPORTS H.1 Announcements - Mayor Pro Tem Barth H.2 Adiournment M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject Agenda Item No. A.0 Call to Order - Mayor Trevino M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject Agenda Item No. A.1 Invocation - Councilman Turnage M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject Agenda Item No. A.2 Fledge - Councilman Turnage M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject: Agenda Item No. A.3 Special Presentation(s) and Recognition(s) - Proclamation for "National Public Works Week" presented by Councilman Welch Presenter: Mike Curtis 10 1 - L - 4 MMI CITY OF NORTH RICHLAND HILLS PROCLAMATION WHEREAS, May 20th through May 26th has been designated as National Public Works Week; and WHEREAS, National Public Works Week is a celebration of the tens of thousands of men and women in North America who provide and maintain the infrastructure and services collectively known as public works; and WHEREAS, Public Works services provided in our community are an integral part of the quality of life of our citizens' everyday lives; and WHEREAS, the health, safety and well -being of North Richland Hills greatly depends on Public Works services; and WHEREAS, Public Works services could not be provided without the dedicated efforts of public works professionals, engineers and administrators representing the City, who are responsible for and must design, construct, operate and maintain the transportation, water supply, sanitary sewer and drainage collection systems essential to serve the citizens of North Richland Hills. NOW, THEREFORE, I, Oscar Trevino, Mayor of the City of North Richland Hills, Texas do hereby proclaim May 20 - 26, 2012 as: "NATIONAL PUBLIC WORKS WEEK" in the City of North Richland Hills and urge all citizens and civic organizations to acquaint themselves with the wide range of items which involve Public Works services and to recognize the contributions which Public Works employees make every day to our health, safety„ comfort and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Richland Hills to be affixed this the 14th day of May 2012. Oscar Trevino, Mayor M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject Agenda Item No. A.4 Special Presentation(s) and Recognition(s) - Proclamation Recognizing "Building Safety Month" presented by Councilman Whitson Presenter: Dave Pendley MRH CITY OF NORTH RICHLAND HILLS PROCLAMATION WHEREAS, our city's continuing efforts to address the critical issues of safety and energy efficiency in the built environment give us confidence that our structures are safe and sound; and WHEREAS, our confidence is achieved through the devotion of vigilant guardians — building safety and fire prevention officials, architects, engineers, builders, laborers and others in the construction industry—who work year -round to ensure the safe construction of buildings; and WHEREAS, these guardians— dedicated members of the International Code Council— develop and implement the (highest- quality codes to protect Americans in the buildings where we live, learn, work, worship, play; and WHEREAS, the International Codes, the most widely adopted building safety, energy, and fire prevention codes in the nation, include safeguards to protect the public from natural disasters such as hurricanes, snowstorms, tornadoes, and earthquakes; and WHEREAS, Building Safety Month is sponsored by the International Code Council to remind the public about the critical role of our community's largely unknown guardians of public safety —our local code officials —who assure us of safe, efficient and livable buildings; and WHEREAS, Building Safety Month encourages all Americans to raise awareness of the importance of building safety and new technologies in the construction industry. Building Safety Month 2012, encourages steps everyone can take to ensure that the places where we live, learn, work, worship and play are safe; and recognizes that countless lives have been saved due to the implementation of safety codes by local and state agencies; and WHEREAS, each year, in observance of Building Safety Month, Americans are asked to consider projects to improve building safety at home and in the community, and to acknowledge the essential service provided to all of us by local building and fire departments in protecting lives and property. NOW, THEREFORE, BE IT RESOLVED, that I Oscar Trevino, Mayor of the City of North Richland Hills do hereby proclaim the Month of May, 2012, as a bill r0111 0IM- T.11WON r 11 805 [flow 0:N and encourage our citizens to join with their neighbors, community leaders, and staff in activities that will increase awareness of building safety; and further urge all citizens to learn more about how they can contribute to building safety at home and in our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Richland Hills to be affixed this the 14th day of May 2012. Oscar Trevino, Mayor M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject: Agenda Item No. A.5 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject Agenda Item No. A.6 Removal of Item (s) from the Consent Agenda M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject: Agenda Item No. B.a CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject Agenda Item No. B.1 Approval of Minutes of April 23, 2012 City Council Meeting Presenter: Patricia Hutson Recommendation: To approve the minutes of the April 23, 2012 City Council Meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 — APRIL 23, 2012 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 23' day of April 2012 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Tim Barth Mayor Pro Tern, Council, Place 4 (present at 6:92 p.m.) Tito Rodriguez Council, Place 1 Vacant Council, Place Tom Lombard Council, Place 3 David Whitson Council, Place b Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer Kristin Weegar Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Mark Mills Budget Director Orsheka Moore Budget Analyst Jamie Brockway Purchasing Manager Craig Hulse Economic Development Director Greg VanNieuwenhuize Assistant Public Works Director Stacy Udoni Public Works Management Assistant Chris Swartz NRH20 Park Manager Call to Order Mayor Trevino called the work session to order at 6:02 p.m. A.0 Discuss Items from Reaular Citv Council Meeting There were no questions from the Council. A.1 Quarterly Financial Status Report Mark Mills, Budget Director, presented a PowerPoint presentation that gave a brief overview of the City's quarterly financial status for the period ending March 31, 2012. Information was presented on the major operating funds and their revenue and expenditures to date in relation to expectations. Mayor Pro Tem Barth present at 6 :12 p.m. Mr. Mills advised Council they would be receiving an electronic copy of the report and requested Council to provide feedback on the information in the report; i.e., excessive information, not receiving enough information, etc. Council questioned the impact to revenue as a result of the Stage 1 water restrictions. Staff advised that an analysis had been done and there will not be a huge impact — the October rate increase partially offset the reduction in consumption. Council questioned when some of the individuals in the community with mineral leases will begin to receive their mineral checks and how the City's taxable position from the increase to property values is affected. Council was advised that the BISD, Graham, Morrow- Stevens and Engler drill sites either are in production or have been in production and the City is receiving royalty checks from these sites. Staff advised the City is receiving property tax on the mineral accounts and that information on the number of accounts and dollar amounts can be provided to Council. Council is receiving questions from the citizens on whether the price of gas shown on their royalty checks is an accurate amount, whether it can be verified by the City and whether Chesapeake sells it to themselves. Staff will provide information to Council on whether Chesapeake sells gas to themselves or a third party and how to verify that the price of gas shown on a royalty check is an accurate market price for a given production period A.2 Quarterly Capital Improvement Proiect Status Report Mr. Mark Mills, Budget Director, presented a PowerPoint presentation updating Council on the status of the following capital improvement projects: • North Tarrant Parkway Street Improvements (Davis to Whitley) • Rufe Sow Drive Improvements (Mid Cities to Hightower) • Bursey Elevated Tank Rehabilitation • Davis Boulevard Streetscape • "The piper" Conveyor System The presentation focused on project expenses, timelines and significant adjustments that may have occurred since Council was last briefed. There were no questions from Council. A.3 Sidewalk Replacement Program Mike Curtis, Managing Director, presented a PowerPoint presentation on a proposed Sidewalk Replacement Program. Mr. Curtis explained why the program is being proposed and showed examples of sidewalks that would be eligible for the program. The proposed policy provides that the program cost will be shared equally between the property owners and the city and the city may participate (as funding allows) in the reconstruction or replacement of concrete sidewalks with eligible property owners. Staff will recommend funding and funding source each year for Council approval. Mr. Curtis discussed the criteria for sidewalks to be eligible for the program. Staff is proposing that all residential property with the exception of apartments will be eligible for the program and only sidewalks within the city's right —of -way will be eligible. Reconstruction or repair will not be performed on private property. The property owner will be responsible for any necessary tree or tree root removal and damage that may occur to sprinkler systems, trees, shrubs or other improvements in the city's right -of -way. The city will be responsible for any costs associated with the program pertaining to the replacement of wheelchair ramps and costs associated with repairs that do not involve sidewalk replacement (i.e., grinding or raising the existing sidewalk). Mr. Curtis explained how the payment process will work and advised a payment schedule would be available. Council questioned if the program would require requests for payment schedules to be approved by Council. The Council preferred for the payment schedule to be administered through a policy rather than require Council approval. Council also discussed that there will be cases of drive approaches needing to be replaced and questioned if the policy would cover replacement. Staff advised the policy did not include the replacement of drive approaches. Council was in favor of including city participation for the replacement of drive approaches, but not driveways. Driveways could be replaced if the property owner wanted to contract individually with the contractor but the City would not participate or be responsible. Councilman Turnage requested that the program be reviewed in one year. Councilman Lombard questioned whether the goal was to bring older sidewalks up to current standards and if asphalt sidewalks would be made concrete sidewalks. Mr. Curtis advised the goal was to address safety issues, but that the ordinance probably needed to address the eligibility of sidewalks that were built years ago and are not to city standards. Staff will bring back an ordinance for Council consideration with the changes requested by Council. B.Q EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551. Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attornev regardinq Pendinq Litiqation - 1) State of Texas v. Citv of North Richland Hills (No. 2011 - 002840 -1): and 2) State of Texas v. Citv of North Richland Hills (No. 2011 - 000462 -1) Mayor Trevino announced at 6:49 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following section: 1) Section 551.071 to consult with Attorney regarding pending litigation on 1) State of Texas v. City of 'North Richland Hills (No. 2011- 002840 -1); and 2) State of Texas v. City of North Richland Hills {No. 2011- 000462 -1). C.0 Adiournment Mayor Trevino announced at 6:53 p.m. that the Council would adjourn to the regular Council meeting. N =141'1A_1Z010111rIN10�Jl=1 =II►CL9 A.0 CALL TO ORDER Mayor Trevino called the meeting to order April 23, 2012 at 7:00 p.m. I Zia] I W91-1 I I Present: Oscar Trevino Tim Barth Tito Rodriguez Vacant Tom Lombard David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tem, Council„ Place 4 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 5 Council, Place 6 Council, Place 7 Staff Mark Hindman Jared Miller Karen Bostic Mike Curtis Vickie Lofkice Patricia Hutson City Manager Assistant City Manager Assistant City Manager Managing Director Managing Director City Secretary Monica Solko Assistant City Secretary George Staples Attorney A.1 INVOCATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Whitson led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) - PROCLAMATION FOR MOTORCYCLE SAFETY AND AWARENESS MONTH PRESENTED BY COUNCILMAN TURNAGE. Councilman Turnage presented a proclamation to members of the Patriots Motorcycle Club proclaiming the month of May as Motorcycle Safety and Awareness Month. A.4 SPECIAL PRESENTATION(S) AND RECOGNITION(S) - PRESENTATION OF TEEN COURT SCHOLARSHIPS PRESENTED BY COUNCILMAN RODRIGUEZ Councilman Rodriguez and Karen Russell, Teen Court Advisory Board Chair, presented the 2012 Teen Court Scholarships to Garrett Ezelle and Nicole Zajimovic. Garrett will graduate from Fort Worth Christian School and plans to attend Texas Christian University to pursue a degree in Criminal Justice. Nicole will graduate from Richland High School and will be attending the United States Military Academy at West Point to study International Relations and Political Science. Both were presented scholarships in the amount of $1,500. A.5 CITIZENS PRESENTATION ►Cm A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF APRIL 9, 2012 CITY COUNCIL MEETING B.2 PU 2012 -015 AWARD BID 12 -019 FOR ANNUAL NRH2O FOOD SERVICE PRODUCTS TO MULTIPLE VENDORS IN AN AMOUNT NOT TO EXCEED $155,000.00 B.3 PU 2012 -014 AUTHORIZE INTER -LOCAL PURCHASING AGREEMENT WITH THE TOWN OF ADDISON COUNCILMAN LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2012 -031 APPOINTMENT TO KEEP NORTH RICHLAND HILLS BEAUTIFUL COMMISSION - ALTERNATE POSITION APPROVED Mayor Trevino presented the item. Mayor Trevino recommended the appointment of Shannon Juarez to the Keep North Richland Hills Beautiful Commission, Alternate position. The Alternate position's term of office will expire June 30, 2012. MAYOR PRO TEM BARTH MOVED TO APPROVE APPOINTMENT OF SHANNON JUAREZ TO THE KEEP NRH BEAUTIFUL COMMISSION, ALTERNATE POSITION. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.2 GN 2012 -032 APPOINTMENT TO CIP COMMITTEE APPROVED Mayor Trevino presented the item. Ken Sapp was appointed to serve on the CIP Committee in 2006. With his recent resignation from the City Council it has created a vacancy on the committee. Mayor Trevino recommended the appointment of Councilman Rodriguez to fill the vacancy. COUNCILMAN WELCH MOVED TO APPROVE GN 2012 -032 APPOINTMENT OF COUNCILMAN RODRIGUEZ TO THE CIP COMMITTEE. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. G.0 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. H.0 INFORMATION AND REPORTS ®1161 Councilman Lombard made the following announcements. The City of North Richland Hills continues to hold Town Hall Meetings throughout the community to inform residents about the May 12th bond election. Upcoming meeting times and locations are shown on your screen. These meetings are open to all interested residents. For more information, please call 817 -427 -6003 or visit the city's website at www.nrhtx.com. The NRH Fire Department is accepting applications for the next Citizens Fire Academy. The academy will be held from 7 p.m. to 10 p.m. on Thursdays, starting April 26th and continuing through ,Dune 28th. To sign up or get more information, visit the city's website or call 817 - 42.7 -6900. The Sounds of Spring Concert Series will be held each Friday from April 27th through May 18th at NRH20 Family Water Park. Gates open at 6 p.m. and the concerts begin at 7 p.m. Admission is FREE. Remember to bring your lawn chairs. For more information, call 817- 427 -6600 or visit www.soundsnrh.com. Kudos Korner - Matt Coomer and Kendra Cox, Police Department. A resident emailed to express thanks and appreciation to Officers Coomer and Cox who stopped to help her when she had a flat tire. They were very courteous and efficient in changing the tire, and she greatly appreciated their help. Councilman Welch announced that the North Richland Hills Texas Brahmas were in the Conference Finals against Wichita Thunder and encouraged everyone to come out and cheer on the Brahmas this evening. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:18 p.m. Oscar Trevino — Mayor FIN a9 16 Patricia Hutson, City Secretary M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject: Agenda Item No. B.2 PW 2012 -010 Amending Chapter 102 of the Code of Ordinances by adding the new Articles VII and VIII, Establishing Regulations for Storm Water Waste Management and Post Construction Storm Water Management - Ordinance No. 3184 Presenter: Jimmy Cates Summary: Council is being asked to approve Ordinance No. 3184 for adding Articles VII and Vlll to Chapter 102 of the Code of Ordinances. These articles will establish regulations and standards for construction site storm water waste management and post construction storm water runoff management. General Descrir)tion: Storm water regulations are part of the National Pollutant Discharge Elimination System ( NPDES) program which is federally regulated and is established to control discharges of pollutant into the surface waters of the Unites States. The Texas Commission on Environmental Quality (TCEQ) has federal regulatory authority over discharges of pollutants to Texas surface water. The TCEQ created a state wide program to accomplish the goals of the federal program. The state program is called the Texas Pollutant Discharge Elimination System (TPDES) program. In August of 2007, the TCEQ began the phase of the TPDES compliance process that affected smaller cities with populations between 10,000 through 100,000. This phase of the TPDES required the smaller cities to obtain a storm water discharge permit from TCEQ. The city complied with the requirement by obtaining a discharge permit in 2007 and the permit was approved for five (5) years, expiring in August 2012. The discharge permit required the city to develop a storm water management plan that addresses the six (6) "Minimum Control Measures" identified by the TPDES. These Minimum Control Measures are Best Management Practices (BMPS) which are implemented to prevent storm water pollution to the maximum extent practicable. The six (6) Minimum Control Measures of the TPDES Program are to: 1. Provide public education and outreach 2. Obtain public involvement/participation 3. Detect and eliminate illicit discharges 4. Control construction site storm water runoff 5. Manage post - construction storm water in new development areas and redevelopment areas. 6. Prevent pollution and adopt good housekeeping measures for municipal operations The city has met the majority of these Minimum Control Measures as outlined in the city's approved Storm Water Management Plan, but there are two major BMPs remaining to be approved by the city at this time. The two BMPs require an ordinance that will establish minimum storm water management requirements for controlling construction site storm water waste management and post construction storm water runoff management. The enclosed ordinance accomplishes this and provides the following: • Making a requirement that construction site contractors provide proper disposal of wastes including discarded building materials, concrete truck washout water chemicals, litter and sanitary waste at the construction site. • Fulfills the BMP requirements for construction site storm water runoff control. • Minimizes the increases in storm water runoff from any development or redevelopment in order to reduce flooding, siltation and stream bank erosion. • Minimizes the total annual volume of surface water runoff which flows from any specific site during and following development and redevelopment. • Accommodates new development and redevelopment projects in a manner that protects public safety, groundwater and surface water quality and aquatic living resources and their habitats to the maximum extents practicable. • Employs permanent nonstructural and structural BMPs to protect water quality and raising public awareness to storm water quality related issues. • Ensures the long -term operation and maintenance of all permanent storm water quality features. • Reduces storm water runoff rates /volumes, soil erosion and nonpoint source pollution, wherever possible to the waters of the state through storm water management controls and to ensure that management controls are properly maintained and pose no threat to the public. The enclosed Ordinance meets the Minimum Control Measures by incorporating city BMPs and regulations that are allowed by the State. TCEQ has placed the burden on local entities to ensure these BMPs and regulations are complied with. In order for the city to be in compliance with the State TPDES Program, the city must adopt the ordinance. The requirements identified in the attached ordinance represent the minimum requirements required by the TCEQ. These are the minimum requirements that all cities with a population between 10,000 and 100,000 must follow. Recommendation: Staff recommends the approval of Ordinance No. 3184. MRH ORDINANCE NO. 3184 AN ORDINANCE AMENDING CHAPTER 102 OF THE CODE OF ORDINANCES OF THE CITY OF 'NORTH RICHLAND HILLS, TEXAS BY ADDING NEW ARTICLES VII AND VIII ESTABLISHING REGULATIONS AND STANDARDS FOR CONSTRUCTION SITE STORMWATERIWASTE MANAGEMENT AND POST CONSTRUCTION STORMWATER RUNOFF CONTROL; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING FOR SEVERABILITY; FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the rules and regulations set forth in Texas Pollutant Discharge Elimination System (TPDES) General Permit No.TXR040000 relating to construction sites that discharge stormwater associated with construction activity located in the State of Texas and adopted by the Texas Commission on Environmental Quality, are hereby adopted by the City and incorporated herein as if set forth in full, and shall govern and regulate stormwater discharges associated with construction activity within the City. WHEREAS, the City deems it necessary to adopt an ordinance to maintain and improve the quality of surface water and groundwater in the City, and to prevent the discharge of pollutants and other harmful or inappropriate substances into those waters from land development projects and other construction activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will prevent threats to public health and safety, WHEREAS, the City is of the opinion that land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition and should be regulated and to do so is in the best interest of the citizens of City of North Richland Hills; WHEREAS, stormwater runoff contributes to increased quantities of water -borne pollutants; WHEREAS, stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from development sites; 'NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. Chapter 102 of the North Richland Hills Code of Ordinances is hereby amended by adding new Articles VII and VIII which shall read as follows: "ARTICLE VII. CONSTRUCTION SITE STORMWATERIWASTE MANAGEMENT 170 &.1 [97► fl11Kr34 ►1 4:7_111 A'1 Q1►1[.1 Is] ►F#;ilj0 0h- AV_1►1IIII1►1i *►11 Sec. 102 -351. Introduction and Purpose. The purpose of this division is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within the City. This division seeks to meet that purpose through the following objectives: (a) By making it a requirement that construction site contractors provide for the proper disposal of wastes including discarded building materials, concrete truck washout water, chemicals, litter and sanitary waste at a construction site; (b) To fulfill the BMP requirement for construction site stormwater runoff control. Q1►1[.1 Is] I'll KCM11=1;11L 111101Z1 --1 Sec. 102 -352. Definitions. When used in this Article, these terms shall be defined as follows: Best management practices (BMPs ): Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Clean Water Act: The 'Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. Hazardous materials: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Public Works and Planning and Development Departments: shall mean departments of the City. Small municipal separate storm sewer system(MS4): Owned and operated by the United States, a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law, such as a sewer district, flood control district or drainage district, or similar entity, or a designated and approved management agency under section 208 of the Clean Water Act that discharges to waters of the United States. Solid Waste: shall mean of solid material, including building materials. Stormwater: Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Stormwater pollution prevention plan (SWPPP): A document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. TCEQ: shall mean the Texas Commission on Environmental Quality, including all of its departments and divisions, or its successor agency. TPDES General Permit No. TXR040000: shall mean that general permit to discharge water under the provisions of Section 402 of the Clean Water Act and V.T.C.A., Water Code chapter 26, TCEQ Docket No. 20177- 1588 -WQ, issued February 15, 2008, and effective March 5, 2008. I] ►1 i:'1IQ� [!! =19191=1 Dili 'JI *' Sec. 102 -353. Stormwater Pollution Prevention Plan Required. No person shall commence construction activities on land located within the City that may result in disturbing an area equal to or greater than one (1) acre or less than one (1) acre as part of a larger common plan of development of land prior to preparing and obtaining approval of a stormwater prevention plan in compliance with Part III of TPDES General Permit No. TXR040000 or obtaining a waiver of such requirement from TCEQ. Sec. 102 -354. Construction Site Waste Management. (a) Solid Waste Disposal (1) No solid material, including building materials, is permitted to be discharged to surface waters or buried on -site. All solid waste materials, including disposable materials incidental to the construction activity, must be collected in containers or closed dumpsters. The collection containers must be emptied periodically and the collected materials hauled to a landfill permitted by the state and/or appropriate local municipality to accept the waste for disposal. (2) A foreman or supervisor shall be designated in writing to oversee, enforce and instruct construction workers on proper solid waste procedures. (b) Hazardous Waste (1) Whenever possible, minimize the use of hazardous materials and generation of (hazardous wastes. All hazardous waste materials will be disposed in the manner specified by federal, state, local regulations or by manufacturer. (2) Use containment berms in fueling and maintenance areas and where potential for spills is high. (3) A foreman or supervisor shall be designated in writing to oversee, enforce and instruct construction workers on proper hazardous waste procedures. The operator shall indicate the location of any hazardous waste storage areas on the SWPPP. (c) Dust Control / Off -Site Vehicle Tracking (1) During construction, water trucks shall be used, as needed, by each contractor or subcontractor to reduce dust. The City representative for the construction project will make the final decision on the need for dust control. After construction, the site shall be stabilized to reduce dust. (2) Construction traffic shall enter and exit the site at a construction entrance with a rock pad or equivalent device. The purpose of the rock pad is to minimize the amount of soil and mud that is tracked onto existing streets. If sediment escapes the construction site, offsite accumulations of sediment must be removed at a frequency sufficient to minimize offsite impacts. The City representative for the construction project shall determine how much and how often the offsite accumulations of sediment shall be removed. (d) Concrete Truck Washout (1) During concrete construction, concrete washout areas shall be designated and clearly marked. An acceptable washout location will have the following characteristics- (i) Washout water cannot leave location (ii) Stormwater runoff will not wash away concrete washout (iii) Washout will not impact future land uses (iv) Permission to washout has been granted by the property owner (v) The location is readily accessible to concrete trucks (e) Sanitary /Septic (1) Contractors and subcontractors must comply with all state and local sanitary sewer, portable toilet or septic system regulations. Each contractor or subcontractor shall provide sanitary facilities at the site throughout construction activities. (2) The sanitary facilities should be utilized by all construction personnel and be serviced regularly. All expenses associated with providing sanitary facilities are the responsibility of the contractors and subcontractors. The operator of said facilities shall indicate the location of any sanitary facilities. (f) Water Source Non - potable water may be used to establish and maintain grass, to control dust, and for other construction purposes which do not require the use of potable water. The use of potable water for construction activities must be metered by an approved City metering device. (g) Equipment Fueling and Storage Areas (1) During construction the contractor and subcontractors shall employ the following practices- (i) Equipment fueling, maintenance and cleaning should only be done in protected areas (i.e., bermed area). Leaking equipment and maintenance fluids will be collected and not allowed to discharge onto soil where they may be washed away during a rain event. (ii) Equipment wash down (except for wheel washers) should take place within an area surrounded by a berm. The use of detergents is prohibited. (h) Hazardous Material Storage (1) {Chemicals, paints, solvents, fertilizers and other toxic or hazardous materials should be stored in their original containers (if original container is not re- sealable, store the products in clearly labeled, waterproof containers). Except during application, the containers shall be kept in trucks or in bermed areas within covered storage facilities. Runoff containing such materials is not allowed by this ordinance and shall be collected and removed from the site and disposed of in accordance with federal, state, and local regulations. (2) As may be required by federal, state, or local regulations, the contractor shall have a Hazardous Materials Spill and Prevention Program in place. A foreman or supervisor shall be designated in writing to oversee, enforce and instruct construction workers on proper hazardous materials storage and handling procedures. The operator shall indicate the location of any hazardous material storage areas on the stormwater pollution prevention plan and at the construction site. Sec. 102 -355. Stormwater Management Requirements. (a) New development and redevelopment projects that disturb greater than or equal to one acre of land, including projects less than one acre that are part of a larger common plan of development or sale, and discharge storm water into the City's Municipal Separate Storm Sewer System (MS4), shall implement structural and/or non - structural Best Management Practices ( "BMPs ") to minimize impacts to water quality. (b) BMPs published in the latest edition of the North Central Texas Council of Government's Integrated Strom Water Management ( "ISWM ") Manual, Environmental Protection Agency (EPA) guidance documents, or City approved BMPs may be utilized to comply with this section. (c) The owner of the construction site described in subsection (a) of this section shall submit a post - construction stormwater management plan that incorporates the BMPs to minimize water quality impacts prior to issuance of any permits. (d) All BMPs shall be submitted to the Public Works Department for review and approval. Sec. 102-356. Operation and Maintenance of Construction Best Management Practices. (a) The owner of the construction site described in subsection 102- 355(a) shall be solely responsible for the operation and maintenance, of the structural and/or non - structural BMPs on the owner's construction site as the BMPs were designed and approved. (b) The City shall have the authority to require the issuance of a performance bond, payable to the City of North Richland Hills, if it is deemed necessary. (c) The City shall have the authority to require the owner or operator of a construction site, development, or redevelopment, to provide proof that the owner has obtained financial assurances sufficient to operate and maintain the structural and /or non - structural BMPs previously approved by the Public Works and/or Planning and Development Departments for the length of time that the structural and /or non - structural BMPs will be utilized at the construction site. IZZW 15GUI n; R-MOTIVIII Wine FU Me, (a) The Public Works and /or Planning and Development Departments shall have the authority to serve a written notice of violation upon any person who is found to have violated, or who continues to violate, any provision of this article, or any order issued hereunder. (b) No later than seven (7) days after the issuance of a notice of violation served pursuant to subsection 102- 357(a), the person served with the notice of violation shall submit to the City authority issuing the notice of violation an explanation of the circumstances that resulted in the described violation and a plan for satisfactory correction and prevention of reoccurrence of the described violation, which explanation shall include specific actions to be taken by the alleged violator. (c) If the recipient of a notice of violation denies that any violation of this article has occurred or contends that no corrective action is necessary, such person shall submit to the City authority that issued the notice of violation a written explanation of the basis of any such denial or contention not later than seven (7) days following issuance of the notice of violation. (d) Submission of a written plan or explanation as provided in subsection 102 - 355(b) or (c) shall not be a defense to any alleged liability for any violations occurring before or after receipt of the notice of violation. (e) Nothing in this section shall limit the authority of the City to take any action, including emergency action or any other enforcement action, prior to issuing a notice of violation. Sec. 102 -358. Stop Work Order. (a) The Public Works and/or Planning and Development Departments shall have the authority to issue a stop work order to the owner and /or operator of a construction site upon finding that the owner or operator has violated, or continues to violate, any provisions of this article. The stop work order shall be posted at the construction site. (b) Unless written exce is made by the Public Works and /or Planning and Development Departments, a stop work order issued pursuant to subsection 102- 358(a) shall prohibit any further construction activity and shall bar any further inspection or approval by the City associated with a building permit, grading permit, subdivision plat approval, site development plan approval, or any other City approval necessary to commence or continue construction or to assume occupancy at the construction site, new development, or redevelopment. (c) The issuance of a stop work order pursuant to this section shall not preclude nor serve as a prerequisite for taking any other action against the recipient of the stop work order. (d) A stop work order issued pursuant to this section may be rescinded only by the Public Works and/or Planning and Development Departments provided that the owner or operator of the construction site to which the order applies has (1) Paid a re- inspection fee to the City in accordance with current fee schedule, (2) Provided written documentation indicating that all violations set forth in the stop work order have been corrected, and (3) Received from the City, following re- inspection, written acknowledgement that all violations have in fact been corrected. Sec. 102 -359. Penalty Clause. (a) Any person, firm or corporation violating any of the provisions or terms of this article shall, upon conviction, be punished by a fine not to exceed the sum of $2,000 for each offense; and each and every day such violation shall be deemed to constitute a separate offense. (b) The City may institute any appropriate actions or proceedings in a court of competent jurisdiction to enjoin the violation of this article. Nothing in this article prevents the City from seeking any and all injunctive or other relief allowed by state law even if a criminal complaint has been filed based on the same incident or event. Sec. 102 -360. Applicability of Stricter Regulations. In the event stricter rules or regulations are set forth elsewhere in this Code or are otherwise promulgated by the TCEQ or the United States Environmental Protection Agency (EPA) regarding the same subject matter affected by this article, then the more stringent regulations shall apply. Sec. 102 -361. Priority of Conflicting Regulations. In the event any other provision of this Code relating to stormwater pollution or discharge from a construction site irreconcilably conflicts with the provisions of this article, the provisions of this article shall be controlling. ARTICLE VIII. POST CONSTRUCTION STORMWATER RUNOFF CONTROL DIVISION 1. GENERALLY DIVISION 2. PURPOSE AND INTENT Sec. 102 -370. Introduction and Purpose. The purpose of this division is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within the City. This division seeks to meet that purpose through the following objectives: (a) To minimize increases in stormwater runoff from any development or redevelopment in order to reduce flooding, siltation and stream bank erosion and maintain the integrity of stream channels (b) To minimize the total annual volume of surface water runoff which flows from any specific site during and following development or redevelopment to not exceed the pre - development hydrologic conditions to the maximum extent practicable, (c) To accommodate new development and redevelopment projects in a manner that protects public safety, groundwater and surface water quality and aquatic living resources and their habitats, to the maximum extent practicable as determined by the city representatives. (d) To employ permanent nonstructural and structural best management practices (BMPs) to protect water quality thereby raising public awareness to stormwater quality related issues; (e) To remove and/or treat stormwater pollutants prior to discharge to ground and surface waters throughout the city, to the maximum extent practicable as determined by the city representatives. (f) To ensure the long -term operation and maintenance of all permanent storm water quality features; (g) To reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, to the waters of the state through stormwater management controls and to ensure that these management controls are properly maintained and pose no threat to the public. As a result, the purpose of this local regulation is to safeguard persons, protect property, prevent damage to the environment and promote the public welfare by guiding, regulating, and controlling the design, construction, use and maintenance of any development or other activity which disturbs or breaks the topsoil or results in the movement of earth on land in the City of North Richland Hills, Texas. DIVISION 3. DEFINITIONS For the purposes of this article, the following shall mean: Best management practices ('BMPs): Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. City. The City of North Richland Hills. HOA: privately organized Homeowners Association. Large Construction Activity: Construction activities including clearing, grading, and excavating that result in land disturbance of equal to or greater than five (5) acres of land. Large construction activity also includes the disturbance of less than five (5) acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than five (5) acres of land. Large construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, and original purpose of a ditch, channel, or other similar stormwater conveyance. Large construction activity does not include the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right -of -ways, and similar maintenance activities. Public Works Department. The City of Forth Richland Hills Public Works Department. Public Works Design Manual: Manual that contains the various construction criteria, techniques, and details which are the minimum requirements of the City of North Richland Hills. Small Construction Activity: Construction activities including clearing, grading, and excavating that result in land disturbance of equal to or greater than one (1) acre and less than five (5) acres of land. Small construction activity also includes the disturbance of less than one (1) acre of total land area that is ,part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one (1) and less than five (5) acres of land. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, and original purpose of a ditch, channel, or other similar stormwater conveyance. Small construction activity does not include the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right -of- ways, and similar maintenance activities. Small municipal separate storm sewer system(MS4): Owned and operated by the United States, a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law, such as a sewer district, flood control district or drainage district, or similar entity, or a designated and approved management agency under section 208 of the Clean Water Act that discharges to waters of the United States. stormwater: Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Structural Control (or Practice). A pollution prevention practice that requires the construction of a device, or the use of a device, to capture or prevent pollution in storm water runoff. Structural controls and practices may include but are not limited to: wet ponds, bio retention, infiltration basins, stormwater wetlands, silt fences, earthen dikes, drainage swales, vegetative lined ditches, vegetative filter strips, sediment traps, check dams, subsurface drains, storm drain inlet protection, rock outlet protection, reinforced soil retaining systems, gabions, and temporary or permanent sediment basins. DIVISION 4. PROCEDURES Sec. 102 -371. Applicability. This division shall be applicable to all land development or redevelopment applications for both small and large construction activities, as defined by the TCEQ, unless eligible for an exemption or granted a waiver by the Public Works Department. Sec. 102 -372. Stormwater Pollution Prevention Plan Required. No person shall commence construction activities on land located within the city that may result in disturbing an area equal to or greater than one (1) acre or less than one (1) acre as part of a larger common plan of development of land prior to preparing and obtaining approval of a stormwater prevention plan in compliance with Part III of TPDES General Permit No. TXR150000 or obtaining a waiver of such requirement from TCEQ. Sec. 102 -373. Drainage Design Manual Development. (a) The City may provide additional policy, criteria and information including specifications and standards, for the proper implementation of the requirements of this division and may provide such information as park of the Storm Drainage Improvements section of the Public Works Design Manual. (b) The Public Works Design Manual may be amended from time to time based on improvements in engineering, science, monitoring and local maintenance experience. Stormwater treatment practices that are designed and constructed in accordance with these design criteria will be presumed to meet the minimum water quality performance standards. Sec. 102 -374. Withholding of Permits. No owner or operator shall be issued any building, grading or other land development permits that are required for land disturbance activities without satisfying the requirements of this division prior to commencement of the proposed activity. Sec. 102 -375. General Criteria for Post Construction Stormwater Runoff Control. (a) All applicable land development sites shall be designed according to the specific performance criteria outlined in the Public Works Design Manual or in conformance with a plan designed by an engineer licensed in the State of Texas, approved by the Public Works Department. (b) Prior to design, applicants are required to consult with the Public Works Department to determine if they are subject to additional post- construction Stormwater design requirements. Sec. 102 -376. Minimum Control Measures. All stormwater management practices shall be designed so that the specific storm frequency volumes (e.g., water quality, channel protection, ten -year, one - hundred -year) as identified in the current design manual are met, unless the Public Works Department grants a waiver or the owner is exempt from such requirements. If hydrologic or topographic conditions warrant greater control than that provided by the minimum control measures, the Public Works Department may impose any additional requirements deemed necessary to control the volume, timing, and rate of runoff. Sec. 102 -377. Site Design Feasibility. stormwater management practices for a site shall be chosen based on the physical conditions of the site. Among the factors that should be considered: (a) Topography, (b) Total maximum drainage area, (c) Depth to water table; (d) soils, (e) Slopes; and (f) Terrain. Applicants shall consult the Public Works Design Manual for guidance on the factors that determine site design feasibility when selecting a stormwater management practice. Sec. 102 -378. Conveyance Issues. All stormwater management practices shall be designed to convey stormwater and allow for maximum removal of pollutants and reduction in flow velocities, which shall include, but are not limited to: (a) Use of structural and nonstructural best management practices (gMPs) and controls, (b) Maximizing of path flow distance from inflow points to outflow points; (c) Protection of inlet and outfall structures, and (d) Elimination of erosive flow velocities. Sec. 102 -373. Maintenance Agreements. All stormwater management and/or treatment practices shall have an enforceable operation and maintenance agreement to ensure the system functions as designed. This agreement will include any and all maintenance easements required to access and inspect the stormwater practices, and to perform routine maintenance as necessary to ensure proper functioning of the stormwater practice. Sec. 102 -380. Structural Stormwater Practices. If owners are required by the City to implement structural measures to reduce runoff volumes and velocities at sites where downstream infrastructure is insufficient to accommodate developed flows, the following methods shall be considered appropriate for consideration as structural storm water practices: (a) Swales and channels; (b) Culverts, inlets and pipes, (c) detention, (d) Energy dissipaters; (e) Infiltration trenches, (f) Stormwater ponds; (g) Porous surfaces; and (h) Re -use (rain harvesting,, etc.). The City shall approve the type of structural measure used for each site. Sec. 102 -381. Use of Other or New Stormwater Practices. (a) New and innovative technologies shall be evaluated and are encouraged for use providing that there is sufficient documentation as to their effectiveness and reliability. (b) Alternately, new structural stormwater practices will not be accepted for inclusion in the City until independent performance data shows that the structural control conforms to local and /or state criteria for treatment, conveyance, maintenance and environmental impact. Sec. 102 -382. Landscaping and Stabilization Requirements. (a) Any area of land from which the natural vegetative cover has been either partially or wholly removed by development activities shall be re- vegetated within ten (10) calendar days from substantial completion of such clearing and construction. The following criteria shall apply to re- vegetation efforts: (1) Reseeding must be done with a perennial, non- winter season cover crop accompanied by placement of matting, mulch or its equivalent of sufficient coverage to control erosion until such time as to the cover crop is established over ninety (90) percent of the seeded area. (2) Replanting with native woody and herbaceous vegetation must be accompanied by placement of matting, mulch or an equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion. (3) Any area of re- vegetation must exhibit survival of a minimum of seventy (70) percent of the cover crop throughout the year immediately following re- vegetation. Re- vegetation must be repeated in successive years until the minimum seventy (70) percent survival for one (1) year is achieved. (b) Upon instruction from the Public Works Department, a landscaping plan prepared by a Texas registered landscape architect shall be submitted with the final design describing the vegetative stabilization and management techniques to be used at a site after construction is completed. The landscaping plan will explain not only how the site will be stabilized after construction, but who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved. The landscaping plan, if required, must be approved by the Public Works Department prior to land disturbing activities. Sec. 102 -383. Privately -Owned Erosion Control Requirements (a) Stormwater system responsible party. (1) For privately -owned stormwater drainage systems and/or water quality devices used for residential or commercial areas, the developer shall be responsible for all of the maintenance and repair of such stormwater drainage systems and /or water quality devices serving that residential or commercial area until the developer or owner no longer has an interest in any property served by the storm water drainage system and /or water quality device. (2) Once a homeowners' association (HOA) is organized and becomes active for a residential area served by a stormwater drainage system and /or water quality device, the homeowners' association shall be responsible for the maintenance and repair of the stormwater drainage system and/or water quality device. (3) Maintenance of a storm drainage system and/or water quality device shall include such items, but not be limited to- (i) Mowing of tall weeds and grass; (ii) Regular and routine removal of floatables and debris; (iii) Dredging of silt and removal off -site; (iv) Correcting failures of inlet or outlet control measure, (v) Implementation of erosion mitigation measures; (vi) Repair and maintenance of aeration equipment; and (vii) Maintaining optimal operation of underground and above detention. (b) Disclosure of HOA information to the City. (1) Upon the organization and formation of a homeowners' association, the HOA should provide updated contact information to the City for compliance and reporting communications. The minimum information to be provided by the HOA to the City includes: (i) Name of subdivision and homeowners' association; (ii) Name, address, telephone number and email address of any management company involved with activities related to the HOA (if applicable); (iii) Name, address, telephone number and email address of a direct contact person representing or authorized to act on behalf of the HOA; (iv) Date of formation of the HOA, (v) Current listing of storm water drainage structures and/or water quality devices over which the homeowner's association has control; (vi) Dates when any changes were made to the HOA board, structure or the storm drainage system and /or water quality device over which the HOA has control. (2) Any changes to the contact information regarding the HOA must be reported immediately to the Public Works Department. (3) The HOA is required annually make contact with the Public Works Department to ensure that all information is up to date. (c) Authorization to inspect, adopt and impose best management practices. (1) The City has the authority to conduct stormwater inspections to require implementation of best management practices where appropriate. (2) The selection, application and maintenance of BMPs must be sufficient to prevent or reduce the likelihood of pollutants entering the receiving storm drainage system. (3) The City may adopt and impose requirements identifying specific BMPs for any activity, operation or facility, which may cause a discharge of pollutants to the storm drainage system. Where specific BMPs are required, every person undertaking such activity or operation or owning or operating such facility shall implement and maintain BMPs at the person's own expense. Sec. 102 -384. Failure to Maintain Practices. (a) In the event that a stormwater management facility, stormwater drainage system and/or water quality device is deemed by the Public Works Department to be in need of maintenance or repair or is determined a danger to public safety or public health, the Public Works Department shall notify the responsible party in writing for maintenance of the stormwater management facility. The responsible person shall have fifteen (15) days after receipt of notice to affect maintenance and repair of the facility in an approved manner. If a danger to public safety, the Public Works Department may require the maintenance or repair to be done immediately to protect the safety of the public. (b) If a responsible party fails or refuses to meet the stormwater facility maintenance requirements of this article, the Public Works Department, after reasonable notice, may cause the necessary work to be done to correct a violation of the design standards or maintenance and assess the responsible party for all incurred costs and expenses." SECTION 2: Severability. The provisions and sections of this ordinance shall be deemed to be separable, and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. SECTION 3. Penalty. Any person, firm, or corporation who violates this ordinance shall be fined not more than Two Thousand Dollars ($2,000.O0) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. Publication The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses hereof. SECTION 5. Effective date. This ordinance shall be in full force and effect from and after its passage and publication as required by law. 1.1'► I �l � i!±'�Y�I�7:1 �7�1 I' I � fa PASSED AND APPROVED this the 14th day of May, 2012. NIWKS]M►'C8]:id :IN[a] :IWil'I all: III IN Oscar Trevino, Mayor F -AW U Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney Mike Curtis, P.E., Managing Director M RH COUNCIL MEMORANDUM From The Office of the City Manager Subject: Agenda Item No. B.3 PW 2412 -411 Amending the 54- 102(b) for Speed Zones 3195 Presenter: Jimmy Cates Date: 5 -14 -2012 City's Code of Ordinances for Section on Precinct Line Road - Ordinance No. Summarv: Council is being asked to approve Ordinance No. 3195 for amending speed zone limit descriptions on Precinct Line Road a Texas Farm to Market Road identified as FM 3029. This amendment will not change the posted speed limits. General Description: Recently the Texas Department of transportation (TxDOT) Traffic Operations Section conducted engineering and traffic reviews on Precinct Line Road. TxDOT's reviews did not change the 45 and 50 miles per hour (MPH) speed limits but they are recommending changes in how the speed zone limits are described. The proposed changes to Precinct Line Road are shown on the attached map and described below: Speed Zone 1 From Mile Point (MP) 6.101 Davis Boulevard (FM1938) south for 1.490 miles to MP 7.651 Hurst City Limits to be zoned at 50 MPH. Speed Zone 2 From MP 8.120 Rumfield Road south for 1.530 miles to MP 9.650 Mid - Cities Boulevard to be zoned at 45 mph. Speed Zone 1 currently has a 50 MPH speed zone and TxDOT is recommending it remains at 50 MPH. The ordinance revision reflects the same 50 MPH speed zone, but uses MP instead of station numbers in describing the limits of the speed zone. Speed Zone 2 is being established to include a portion of Precinct Line Road from Meandering Way to Rumfield Road that is currently zoned at 50 mph per current city ordinances but is signed at 45 MPH. TxDOT is recommending that this portion of Precinct Line be changed in the ordinance so that it specifies the 45 MPH speed zone (as it is currently signed). The ordinance revision reflects this and also uses MP instead of station numbers in the describing the limits of the 45 mph zone. As staff reviewed the ordinance to incorporate TxDOT's above requested changes staff saw some additional minor changes that needed to be made to portions of the ordinance. First, since many of the State Highways are referenced by stations only and not the highway name, staff included the name of the highway in the description. In Sec 54 -102, Section (b) number 31 and 32, "SH1211183" was added to the description. The other change that staff made was to remove any duplicate descriptions that were inadvertently left in the ordinance as updates were added. As mentioned above these changes do not change the speed limit on Precinct Line Road they only change how the limits are described in the ordinance. Recommendation: Staff is recommending Council approve Ordinance No. 3195 for amending speed zones for Section 54.102(b) of the Code of Ordinances. Copyright City of North Richland Hills Bear C(& '& C 193 North Tarrant Pkwy Speed Zone 1- 50 MPH , Y)l PkWY z Tinker Rd rs E %011 -mithfield J pulla �i W L.D LDcKet*. Rd Hal'A.lDhnsor Rc ifc- I'd - PLI r k 3029 City of Hurst 50 --�MPH Zone Rumfield RD Colleyville Y W Glade Rd 26 A - 7 a r%dson Dr Mid Cities Blvd /TMPH Sparger Part Oiishuir'-i Park A ., k � t . I City of Hurst 40 p� s MPH Zone 2 � �tp 04 I km irport Fwy -nd Hiiis imi 183 "ItH My Map City of North Richland Hills On"k -' A'Alger Rd m C ,. D d Rd pj - k Bedfars ord DISCLAIMER This data has been compiled for City of North Richland HOls Various official and unofficial sources were used to gather this iniorniation- Every effc to ensure the accuracy of this data, however, no guarantee is given or implied as to the aCCUFaCy of said data. Texas Department of Transportation 2 501 Soutmost Loop 820 * Fort Worth, Texas 76133 4 (8 1 Tj 3704600 March 6, 2012 Speed Zoning in North Richland Hill's Control & Section: 3125-01 Highway- FM 3029 County: Tarrant Ms. Patricia Hutson City Secretary Clivy of North Richland Hills P. C. Box 820609 North Richland Hills, TX 76192 Chat Ms. Hutson: COrhrrAur. TE Considering recent engineering and traffic investigaflons kv Our ITaffic Operations Section, We MCOMI the posted Wed limits k as follows on FM 3029 in Nnrth Richland Hill-, in Tarrant County: Control-Section: 1125-01 • MP 6.161 south 1.490 mikz to MP 7.651; Ton cd at 50 MPH • MP 8.1211 south 1.530 mile& to MP 9.650, zoned 13145 MPH We are enclosing Ek copy of the " map. Ifthr City Council voixurs with our vecornmewation& we ask that the City puss an ordinance establishing tk proposed Speed zones, We are also emllosing a copy of a typical spend zone ordinance rot their consWeration, Please send a copy of the ordinanoe to this office when it jr!, Wised, If you sbould have any questions 000cem ing this marter, please contact Clark F u1bright at (8 17) 3711 -67"71 - SiMCMly, — jp/e— -!Oe / F'* E. !Fnmay F.R ifard, P. E, u 2 jw Director o ransportatico Operations Fort Worth District DC. F.1; Enclosures ORDINANCE NO. 3195 AN ORDINANCE AMENDING SECTION 54.102(b) OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; ALTERING THE PRIMA FACIA SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF THE TRANSPORTATION CODE, CHAPTER 545, . SECTION 545.356, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIFATION UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEROF, WITHIN THE CORPORATE LIMITS OF THE CITY OF NORTH RICHLAND HILLS AS SET OUT IN THIS ORDINANCE; ESTABLISHING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Texas Transportation Code, Chapter 545, Paragraph 545.356, provides that whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway, with the City taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street of highway; WHEREAS, WHEREAS, the Texas Department of Transportation (TxDot) has performed such engineering and traffic investigation for Precinct Line Road (FM 3029) and has recommended that posted speed limits be changed as herein established; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Section 54.102(b) of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 54 -102. Certain public streets (a) ... (b) Speed limits an specific streets. Upon the basis of an engineering and traffic investigation made as authorized by the provisions of V.T.C.A., Transportation Code § 545.351 et seq., Uniform Act Regulating Traffic on Highways, the following prima facie speed limits indicated for vehicles are hereby determined and declared to be reasonable and safe, and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows: 1. Amundson Drive from its intersection with Main Street northeast parallel with the railroad right -of -way to its intersection with Eden Road and then east to its intersection with Precinct Line Road: 35 mph 2. Bedford - Euless Road, 7700 block -8200 block: 35mph 3. Boulder Drive, 5100 block -5200 block, from Industrial Park Boulevard to Loop 820: 30mph 4. Briley, 6500 block, and Diamond Loch North, 4500 block: 20mph 5. Browning Drive from Rufe Snow Drive west to the city limits of Haltom City (6000 block -6700 block): 30mph 6. Chapman Drive, 6700 block -7800 block, from Rufe Snow Drive to Smithfield Road: 30mph 7. Combs Road from Boulder Drive to Rufe Snow Drive: 30mph 8. Control 8 -13, Interstate Highway 820, from mile point 23.966 east 0.341 mile to the city limits at mile point 24.307: 60mph 9. Control 8 -14, Interstate Highway 820, from the west city limits at mile point 21.502 east 2.464 miles to mile point 23.966: 60mph 10. Control 363 -01, State Highway 26, from Station 464 +94 northeasterly 0.317 mile to Station 481 +70 (7800 block -7900 block of State Highway 26): 40mph 11. Control 363 -01, State Highway 26, from Station 481 +70 northeasterly 2.0 miles to Station 7 +28 (7900 block -9900 block of State Highway 26): 45mph 1' 2. Control 364 -01, State Highway 1' 21, from the city limits at mile point 20.206 east 0.412 mile to the city limits at mile point 19.794: 60mph 13. Control 1978 -01, Davis Boulevard, FM Road 1938, North Richland Hills /Keller City Limit to Smithfield Road as described by TxD ©T Mile Point (MP) 1.712 south 4.230 miles to MP 5.942, excluding school zone times: 50mph 14. Control 1978 -01, FM Road 1938, Davis Boulevard, Smithfield Road to State Highway 26 (Boulevard 26) as described by TxD ©T MP 5.942 south 1.571 miles to MP 7.513: 40mph 15. FM Road 3029 (Precinct Line Road) from MP 6.161 south 1.490 miles to MP 7.651: 50 mph 16. FM 3029 (Precinct Line Road) from MP 8.120 south 1.530 miles to MP 9.650: 45mph 17. Galway Lane and Northridge Boulevard beginning at a point 139 feet south of the centerline of Lynda Lane for a distance of 271 feet north to a point 410 feet north of the centerline of Lynda Lane, all within the city: 15mph 18. Harwood Road from its intersection with Davis 'Boulevard to the intersection of Harwood Road with Grapevine Highway (State Highway 26): 35mph 19. Harwood Road from its intersection with Grapevine Highway (State Highway 26) to the intersection of Harwood Road and the 8800 block of Harwood Road (the city limits): 40mph 20. Holiday Lane East, 4600 and 4700 blocks, from Riviera Drive to Blaney Street: 20mph 21. Industrial Park Boulevard, 6400 black -7300 block, from Loop 820 to Holiday Lane: 35mph 22. Lewis Road, 6800 block: 20mph 23. Lola Drive, 7416 -7500 sections, from Christopher Court to Scott Drive: 20mph 24. Martin Drive, 6300 block -7800 block, from Cardinal Lane to Precinct (Line Road: 30mph 25. Mid - Cities Boulevard from its intersection with Davis Boulevard east to the intersection of Mid - Cities Boulevard with Precinct Line Road, all within the city limits: 40mph 26. Mid - Cities Boulevard from its intersection with Rufe Snow Drive to its intersection with Davis Boulevard (FM Road 1938): 35mph 27. North Tarrant Parkway from its intersection with Precinct Line Road west past Smithfield Road to the Keller City Limits, all within the city: 45mph 28. {onyx Drive South from its intersection with Wendell Drive to the intersection of Onyx Drive South and 3500 Billie Faye Drive: 30mph 29. Rufe Snow Drive, 5100 block -7400 block: 40mph 30. Rufe Snow Drive, 7500 block -7900 block: 35mph 31. SH 12.11183, Station 464 +94 (at the centerline of Interstate Highway 820) northeasterly to Station 481+70, the intersection of State Highway 26 and Ash Street, a distance of 0.317 mile: 40mph 32. SH 1211183, Station 481 +70 northeasterly to Station 535 +00 (approximately 750 feet east of Walker's Branch Creek), a distance of 0.990 mile: 50mph" Section 2: Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Hundred Dollars ($200.00). Section 3: Severability. It is hereby declared to be the intention of the city council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since they would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 4: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 5: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. PASSED AND APPROVED this 14th day of May, 2012. CITY OF NORTH RICHLAND HILLS la Oscar Trevino, Mayor ►,1a11*iii Patricia Hutson, City Secretary 1�1 x:191 11911;191 N t ►,1,1► I III I Xc7 -1 I I Wif George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Managing Director M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject: Agenda Item No. B.4 PW 2012 -012 Recommend Award of Bid for the 37th Year Community Development 'Block Grant Project: Scruggs Drive Sanitary Sewer Rehabilitation to PM Construction & Rehab, LLC in the amount of $151,122.00 - Resolution No. 2012 -012 Presenter: Gregory Van Nieuwenhuize Summary: The City Council is being asked to recommend an award of a construction contract to Tarrant County for the CIP Project identified as "Scruggs Drive Sanitary Sewer Rehabilitation [CDBGI' in the Capital Projects Budget (Project No: CDBG12). General Descrir)tion: The Scruggs Drive Sanitary Sewer Rehabilitation [CDBG) Project (the "Project ") is the City's 37 Year Community Development Block Grant (CDBG) project. The Project was initially submitted to Tarrant County after the City Council approved Resolution No. 2011 -009 on February 28, 2011 as part of the City's 37 Year CDBG Program. The Project includes the design and rehabilitation (pipe bursting) of the sanitary sewer main in the 3900 and 4000 blocks of Scruggs Drive (approximately 1200 linear feet between Glenview Drive and Harmonson Road). This portion of sanitary sewer main was proposed as the City's 37 Year CDBG Project because the main is deteriorating and requires regular maintenance. Although the City of North Richland Hills is an entitlement city and therefore receives CDBG funds directly, the City has contracted with Tarrant County's CDBG Department to administer the City's CDBG funds. Essentially, the City determines the projects and Tarrant County administers the projects. However, the City reviews all bids and consultant contracts and makes recommendations to Tarrant County for approval. Tarrant County therefore awards both the design consultant and construction contracts. Tarrant County's administration of the City's CDBG Projects does not include construction inspection; the City will provide these services. Tarrant County staff reviewed and approved the project's contract documents prior to bidding and scheduled a Bid Opening for April 11, 2012. Bids were received by Tarrant County at their offices on this date. Three (3) contractors submitted bids; these bids are summarized in the table below: Total Name of Contractor Amount Bid PM Construction & Rehab $151,122.00 P.C. Contractors $163,896.97 ARK Contracting Services $169,891.00 Sufficient CDSG funds are available from Tarrant County for this project. Construction is anticipated to begin in late June /early July and take 60 calendar days to complete. Recommendation: Approve Resolution No. 2012 -012. Scruggs Drive Sanitary Sewer Rehabilitation [DDBG] Project Location Map 1 :200 - Sanitary Sewer Lines N ,J-- �. Scruggs Drive SS Rehab (Pipe Burst) Pipe Burst M RH RESOLUTION NO. 2012 -012 A RESOLUTION RECOMMENDING AWARD BY TARRANT COUNTY OF A BID OF THE 37 YEAR CDBG PROJECT FOR THE REHABILITATION OF SANITARY SEWERS WITHIN SCRUGGS DRIVE RIGHT -OF -WAY WITHIN THE CITY OF NORTH RICHLAND HILLS. WHEREAS, by Resolution 2011 -009 passed February 28, 2011, the City Council approved the Scruggs Drive Sanitary Sewer Rehabilitation Project as a park of the 37 Year Community Development Block Grant program; and, WHEREAS, the Scruggs Drive Sanitary Sewer Rehabilitation Project (the "Project ") was bid by Tarrant County; and, WHEREAS, Tarrant County's consultant and City staff have recommended award of the Project's bid to PM Construction & Rehab, LLC; and, WHEREAS, Tarrant County desires a recommendation by the City Council of the City of North Richland Hills; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City of North Richland Hills Thereby recommends for Tarrant County to award the contract for the Scruggs Drive Sanitary Sewer Rehabilitation Project to PM Construction & Rehab, LLC in the bid amount of $151,122.00. f:1► I 1 19 I A=101 PASSED AND APPROVED on this the 14th day of May, 2012. CITY OF NORTH RICHLAND HILLS ATTEST: Oscar Trevino, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney 1_1 ;j,:Z+] ►1=I I7 :1tip 119X0161►10 =1 r 16 Mike Curtis, P.E., Managing director M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject: Agenda Item No. B.5 PU 2012 -016 Award Bid No. 12-021 Annual Contract for Irrigation System Components & Supplies to Metro Supply Co. Presenter: Vickie Loftice, Managing Director Summary: The City Council is being asked to award Bid No. 12 -021 annual contract for Irrigation System Components and Supplies to Metro Irrigation Supply Co. General: In the 2011/2012 approved budget, Council allocated funds for the purchase of irrigation system components and supplies for replacement of broken or deteriorated irrigation system components in the city. These materials are used by the Parks and Recreation Department to provide safe, well maintained and aesthetically appealing parks, recreation, municipal and open space properties. The city wide irrigation system includes approximately 1,300 irrigation stations and 13,000 irrigation heads located throughout the park system and city facilities. The parks irrigation control system (Tucor) requires specialized and a variety of extensive irrigation parts. With such a large irrigation system to maintain, various repairs will occur which necessitate immediate attention. Having a vendor located within 15 miles for quick access allows the City to order materials for delivery on an as needed basis or picked up from the vendor's site depending on the urgency of the repairs. Funding for the material is budgeted accordingly in the annual operating budget through the Parks and Recreation Department. Notice of the city's intent to bid was advertised in local newspapers as required by State statute and posted to the city's website. Eleven (11) vendors were contacted and invited to participate in the bid process. Bid specifications were viewed on the city's website by additional vendors. Four (4) competitive bids were received from the following vendors: Vendor Section A Section B Metro Irrigation Supply Co. $ 14,719.62 $ 57,563.00 John Deere Landscapes $ 15,569.24 $ 3,250.91* Horizon Distributors $ 15,944.00 No Bid Submitted Ewing Irrigation $ 16,980.00 No Bid Submitted *John Deere Landscapes did not bid on all the items on Section B. The Parks and Recreation and Purchasing Department have evaluated the bid proposals and checked references. Staff recommends awarding both Section A and B to the Metro Irrigation Supply Co. as the best value for the city. Recommendation: To award Bid No. 12 -021 annual contract for Irrigation System Components and Supplies to Metro Irrigation Supply Company. Metro Irrigation su pply John Deere Landscapes Horizon Distributors Ewing Irrigation Item Description Unit Unit Unit Unit 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Irritrol MC -12 Controller Irritrol MC -18 Controller Irritrol MC -12 Panel Assembly Irritrol MC -18 Panel Assembly Hunter Wireless Rain /Freeze Sensor Hunter Single Station Controller Toro 570 4" Pop -up Spray Heads Hunter 1 -20 Ultra Rotor, 4 ", FC Hunter 1 -25 Ultra Rotor, 4 ", FC Hunter PGP Adjustable Rotor Fixed Nozzles, Toro (5 -15 ft) Irritrol Universal Solenoid .501 Diameter Class 315 PVC .75" Diameter Class 20101 PVC 1" Diameter, Class 2001 PVC 1.25" Diameter, Class 2001 PVC 1.5" Diameter, Class 20101 PVC 2" Diameter, Class 2001 PVC 2.5" Diameter, Class 20101 PVC 4" Diameter, Class 2001 PVC 14 ga White Wire, 5010' roll 14 ga Red Wire, 5010' roll 16 ga. Red Wire, 500' roll 16 ga. White Wire, 5001' roll $343.07 $387.00 I $597.00 $247.28 $360.76 I $54.73 $70.70 $66.50 I $201.48 I $279.84 $6.78 $27.75 $8.20 $01.09 $0.11 $01.15 $0.24 $01.32 $0.49 $01.701 $1.87 $47.001 $47.00 $33.00 I $33.001 $387.00 $597.00 $247.28 $360.76 $54.73 $701.70 $1.46 $11.17 $24.17 $8.67 $1.16 $8.001 $01.101 $01.13 $01.18 $01.28 $0.38 $01.56 $01.801 $2.14 $01.09 $0.09 $01.06 $01.06 $393.60 $645.15 No Bid No Bid $73.97 $71.30 $84.00 $224.40 $24.38 $8.46 $1.10 $14.41 $8.97 $10.65 $14.27 $23.37 $30.94 $47.24 $68.71 $181.50 $54.47 $54.47 $40.018 $40.018 $529.49 $212.00 $322.00 $56.09 $71.56 $73.00 $199.001 $275.40 $7.65 $28.00 $7.75 $0.10 $01.12 $01.16 $01.24 $01.33 $0.55 $01.77 $1.88 $401.00 $401.00 $28.89 $28.85 Metro Irrigation John Deere Horizon Ewing Supply Landscapes Distributors Irrigation Item I Description Unit Unit Unit Unit 25 14 ga Water Tight, Direct Bury $0.44 $0.68 $1.04 $0.10 Wire Connectors 26 4" Coupling $2.41 $3.03 $3.15 $3.28 27 4" ELL, ss $5.19 $6.61 $6.87 $7.15 28 4" x 4" x 2" TEE sss $7.+67 $9.82 $10.21 $11.93 29 4" x 2" rb $3.14 $4.01 $4.18 $4.87 30 4" TEE sss $8.16 $9.82 $10.21 $10.61 31 4" x 2.5" rb $3.15 $4.01 $4.18 $5.25 32 2.5 " MA $1.51 $1.92 $2.00 $2.33 33 2.5 " x 2.5 " x 1.5 " TEE sss $3.24 $4.12 $4.28 $4.45 34 2.5 " x 2.5" x 2" TEE sss $3.24 $4.12 $4.28 $4.69 35 2.5 " x 2.5 " x 1" TEE sss $3.24 $4.12 $4.28 $5.01 36 2 " TEE sss $1.11 $1.25 $1.29 $1.29 37 2 " ELL ss $0.90 $1.02 $1.05 $1.04 38 2 " x 2" x 0.5 " TEE sst $1.85 $2.09 $2.18 $2.38 39 2 " MA $0.58 $0.65 $0.68 $0.71 40 2 " x 0.75" rb $0.59 $0.76 $0.78 $0.93 41 2 " 45- Degree Elbow ss $1.05 $1.19 $1.23 $1.22 42 2" x 1.5" rb $0.67 $0.76 $0.78 $0.82 43 2 " x 1" rb $0.67 $0.76 $0.78 $0.87 44 1.5 " Cross $1.67 $2.01 $2.09 $2.44 45 1.5 " x 0.75" rb $0.38 $0.46 $0.47 $0.52 46 1.5 " TEE sss $0.76 $0.86 $0.90 $0.88 47 1.5 " ELL ss $0.57 $0.65 $0.67 $0.67 48 1.5 " x 1" rb $0.40 $0.46 $0.47 $0.49 Metro Irrigation Supply John Deere Landscapes Horizon Distributors , Inc. Ewing Irrigation Item Description Unit Unit Unit Unit 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 1.5 " x 1.5 " x 0.5 TEE sst 1.5 " x 1.25" rb 1.5 MA 1.25" Cross 1.25" x 1.25' x 0.5 TEE sst 1.25" x 1 " rb 1.25" x 0.75' rb 1.25" x 1.25' x 0.75" TEE sss 1.25" ELL ss 1.25" TEE sss 1 " Cross 1 °" x 0.75' rb 1 " x 0.75' x 0.5 " TEE sst 1 " x 1" x 0.5 " TEE sst 1" TEE sss 1" ELL ss 1 " x 0.75' x 0.75" TEE sst 1°" x 1" x 0.75" TEE sss 1" x 1" x 0.75" TEE sst 1" MA 0.75" x 0.5" ELL st 0.75" x 0.75" x 0.5 " TEE sst $1.38 $1.66 I $0.46 I $0.50 I $1.77 I $1.34 I $0.43 I $0.43 I $0.78 I $0.60 I $0.71 I $1.34 I $0.32 I $0.80 I $0.56 I $0.45 I $0.34 I $0.80 I $0.80 I $0.80 I $0.31 I $0.25 I $0.37 $1.73 $0.47 $0.53 $1.85 $1.40 $0.45 $0.45 $0.81 $0.63 $0.73 $1.40 $0.33 $0.83 $0.59 $0.47 $0.36 $0.83 $0.54 $0.83 $0.32 $0.26 $0.38 $1.70 $0.49 $0.57 $2.32 $1.38 $0.45 $0.49 $0.88 $0.62 $0.77 $1.63 $0.33 $0.98 $0.73 $0.57 $0.44 $0.54 $0.83 $0.83 $0.31 $0.48 $0.33 $0.40 $0.44 $1.32 $1.11 $0.39 $0.39 $0.65 $0.53 $0.63 $1.05 $0.29 $0.76 $0.47 $0.40 $0.30 $0.63 $0.46 $0.67 $0.25 $0.22 $0.33 Metro John Deere Horizon Ewing Irrigation Landscapes Distributors Irrigation Supply , Inc. Item Description L Unit Unit Unit Unit 71 0.75" x 0.5" ELL st $0.22 $0.25 $0.26 $0.33 72 0.75" TEE sss $0.21 $0.24 $0.26 $0.31 73 0.75 Cross $0.89 $1.08 $1.12 $1.23 74 0.75" ELL ss $0.17 $0.19 $0.21 $0.33 75 0.75" x 6" CO Nipple $0.30 $0.77 $0.50 $0.45 76 0.75" x 0.75' ELL st $0.21 $0.24 $0.26 $0.25 77 0.5 " x 6" CO Nipple $0.27 $0.52 $0.24 $0.17 78 18" Standard Valve Box Ametek $17.95 $16.65 $21.00 $16.50 or equivalent 79 Jumbo Valve Box, Ametek or $34.00 $26.88 $40.80 $34.71 equivalent 80 10" Round Valve Box, Ametek $10.16 $6.50 $12.00 $7.71 or equivalent 81 18" Standard Purple Lid $8.27 $6.99 $24.60 $16.72 82 10" Round Purple Lid, Ametek $3.80 $6.20 $13.50 $8.25 or equivalent 83 .75" Repair Coupling $1.57 $2.76 $1.15 $2.61 84 1 " Repair Coupling $1.86 $3.10 $1.36 $3.03 85 1.25" Repair Coupling $3.42 $6.03 $2.51 $5.71 86 1.5 " Repair Coupling $3.75 $6.54 $2.76 $6.22 87 2 " Repair Coupling $5.86 $10.18 $4.29 $9.60 88 2.5 " Repair Coupling $9.87 $13.35 $7.24 $14.84 89 3 " Repair Coupling $12.34 $15.97 $9.05 $18.59 90 4 " Repair Coupling $21.57 $27.93 $17.08 $32.47 91 Purple Primer, Quart $6.97 $14.41 $5.08 $12.98 92 Turf Tite PVC Glue, Quart $13.17 $16.55 $11.49 $14.92 93 Purple Marking Flag, 4x5x21 $0.06 $0.08 $0.05 $8.52 Metro John Deere Horizon Ewing Irrigation Landscapes Distributors Irrigation Supply , Inc. Item Description Unit Unit Unit Unit 94 Ilrritrol 1.5 " Angle/Globe Valve $45.99 $48.86 $47.67 $48.48 95 Ilrritrol 2" Angle/Globe Valve $67.40 $71.60 $69.85 $71.014 96 Irritrol 2O5SF Slip Valve $13.38 $18.54 $13.05 $15.48 wftlo Control 97 .75" PVC Ball Valve, Slip $1.26 $1.16 $1.42 $5.62 98 1 " PVC Ball Valve, Slip $1.95 $1.81 $2.01 $8.42 99 1.5 " PVC Ball Valve, Slip $3.37 $3.12 $5.88 $17.57 100 2 " PVC Ball Valve, Slip $5.06 $4.68 $6.96 $22.58 101 3" PVC Ball Valve, Slip $24.85 $30.74 $28.21 $112.62 Item Section B- Description Unit Unit Unit Unit Specialized Components 1 TUCDR TW Modem 105 $367.50 $487.50 No Bid No Bid 2 TUCDR TW -NV Controller $2,500.00 No Bid No Bid No Bid Upgrade 3 TUCDR Line Decoder, Single $68.75 $78.57 No Bid No Bid Valve 4 TUCDR Control Cable 16 $38.00 $27.70 No Bid No Bid Gauge, 100 ft. Roll M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject: Agenda Item No. B.6 GN 2012 -033 Approval of continued participation in Tarrant County's HOME Investment Partnership Program - Resolution No. 2012 -013 Presenter: Kristin Weegar Summarv: The HOME Program was created by the National Affordable Housing Act of 1990 (NAHA) and is intended to provide decent affordable housing to lower- income households, expand the capacity of nonprofit housing providers, strengthen the ability of state and local government to provide housing and leverage private - sector participation. To participate in this program the City must commit to the required 30% match on an annual basis. The HOME program for North Richland Hills is administered by Tarrant County. It is Staff's recommendation to allocate $36,000 toward the 30% match requirement for 2012. General Description: The HOME Program was created by the National Affordable (Housing Act of 1990 (NAHA) and is intended to provide decent affordable housing to lower- income households, expand the capacity of nonprofit housing providers, strengthen the ability of state and local government to provide housing and leverage private - sector participation. In 2011, City Council approved Resolution No. 2011 -024 which allowed for automatic renewal of the HOME Investment Partnership Grant for three years, running through 2012, 2013 and 2014. The HOME Investment Partnership Grant requires municipalities to provide 30% matching funds. We must specify in a resolution the amount of matching funds that will be appropriated to the program. The maximum amount of HOME Funds a municipality can request is $300,000 and the minimum is $100,000. The approval of this resolution will allow the City of North Richland Hills to request $120,000 in HOME Funds for 2012 and will appropriate 30% in matching funds or $36,000. Tarrant County reported that the average cost per project covered under the HOME Program is $24,000. With that, the $120,000 would cover improvements to approximately five (5) homes. The matching funds will be paid out of the existing Neighborhood Initiative Program funding. Recommendation: Approve continued participation in Tarrant County's HOME Investment Partnership Program with $36,000 dedicated to the 30% match requirement - Resolution No. 2012- 013 M RH RESOLUTION NO. 2012 -013 AGREEING TO MEET ALL MATCH CONTRIBUTION REQUIREMENTS FOR THE EXPENDITURES UNDER THE TARRANT COUNTY HOME INVESTMENT PARTNERSHIPS PROGRAM FOR PROGRAM YEARS 2012 WHEREAS, the HOME Program was created by the National Affordable Housing Act of 1990 (NAHA) and is intended to provide decent affordable 'housing to lower - income households; expand the capacity of nonprofit housing providers, strengthen the ability of state and local government to provide housing, and; leverage private- sector participation; and WHEREAS, Tarrant County is a Participating ,jurisdiction under the HOME Investment Partnerships Program in accordance with § 92.105; and WHEREAS, the City of North Richland Hills is a member of the Tarrant County Urban County Community Development/HOME Consortium and is eligible to participate in the HOME program; and WHEREAS, the City of North Richland Hills has requested $120,000 in HOME funding to be expended on HOME eligible activities within the city's jurisdiction and has agreed to meet all applicable matching contribution requirements in accordance with §92.218; §92.219; and §92.220. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. The City of North Richland Hills hereby agrees to commit $36,000 in match contribution to affordable housing for all activities undertaken through the HOME program. PASSED AND APPROVED this the 14th day of May, 2012. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor FIN 1111*16 Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject: Agenda Item No. B.7 GN 2012 -034 Approve Denial of Rate Increase Requested by Atmos Energy Corporation, Mid -Tex Division - Resolution No. 2012 -014 Presenter: Karen Bostic Summarv: On or about January 31, 2012, Atmos Energy Corporation, Mid -Tex ( "Atmos Mid -Tex" or "Company ") filed with the City a Statement of Intent to increase rates within the City. On February 27, 2012, City Council approved a 90 day suspension of the March 6 effective date to allow the Atmos Cities Steering Committee time to review the information provided by Atmos to determine whether the system -wide $49 million rate increase was justified. Atmos Mid -Tex agreed to extend the effective date an additional week to June 11, however, it does not appear a settlement agreement will be achieved within this time frame. City Council is now being asked to approve a denial resolution at this time. General Descrivtion: The City of North Richland Hills, along with more than 150 other cities served by Atmos Energy Corp., Mid -Tex Division is a member of the Atmos Cities Steering Committee ( "ACSC ") On or about January 31, 2012, Atmos Mid -Tex filed with the City a Statement of Intent to increase rates within the City. On February 27 City Council approved suspension of the effective date of the rate increase which extended the effective date by 90 days. Atmos Mid -Tex sought to increase system -wide base rates (which exclude the cost of gas) by approximately $49 million or 11.94 %. However, the Company is requesting an increase of 13.6 %, excluding gas costs, for its residential customers. Additionally, the application would change the way that rates are collected by increasing the residential fixed - monthly (or customer) charge from $7.50 to $18.00 and decreasing the consumption charge from $0.25 per 100 cubic feet ( "ccf') to $0.07 per ccf. ACSC engaged attorneys and consultants to review Atmos Mid - Tex's proposed rate increase. During their review, ACSC's consultants found justification to decrease Mid - Tex's rates. On April 25, 2012, the Company extended the effective date of its proposed rate change, which extended cities' jurisdictional deadline to June 11, 2012. ACSC and the Company have engaged in some settlement discussions but have not yet reached agreement. ACSC is hoping to achieve settlement with the Company in order to perpetuate the Rate Review Mechanism process. The ACSC Settlement Committee therefore recommends denial of the Company's proposed rate increase rather than a rate decrease, to facilitate further settlement discussions. Approval of the resolution prevents the Company's proposed rates from automatically going into effect on June 11. The Company has expressed a desire for settlement while an appeal from the cities' denial of the rate increase is pending at the Railroad Commission. Should a settlement be reached, the City may be required to pass an ordinance setting new rates pursuant to the settlement. The purpose of Resolution 2012 -014 is to deny Atmos Mid -Tex's proposed rate increase pending further settlement discussions and to prevent Atmos' proposed rate increase from automatically taking effect on June 11, 2012. Recommendation: Approve Resolution 2012 -014. M RH IN**QWil0[61►t►L611KIIPZ11CI RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS DENYING ATMOS ENERGY CORP., MID -TEX DIVISION'S ( "ATMOS MID- TEX ") REQUESTED RATE CHANGE; REQUIRING THE COMPANY TO REIMBURSE THE CITY'S REASONABLE RATEMAKING EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND ACSC'S LEGAL COUNSEL WHEREAS, the City of North Richland Hills, Texas ( "City ") is a gas utility customer of Atmos Energy Corp., Mid -Tex Division ( "Atmos Mid -Tex" or "Company"), and is a regulatory authority under the Gas Utility Regulatory Act ( "GURA ") and under Chapter 104, §104.001 et seq. of GURA, has exclusive original jurisdiction over Atmos Mid -Tex's rates, operations, and services within the City; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ( "ACSC "), a coalition of over 150 similarly situated cities served by the Company that have joined together to facilitate the review and response to natural gas issues affecting rates charged in the Atmos Mid -Tex Division; and WHEREAS, pursuant to the terms of the agreement settling the Company's 2007 Statement of Intent to increase rates, ACSC and the Company worked collectively to develop a Rate Review Mechanism ( "RRM ") tariff that allows for an expedited rate review process controlled in a three -year experiment by ACSC as a substitute to the current GRIP process instituted by the Legislature; and WHEREAS, ACSC and the Company agreed to extend the RRM process in reaching a settlement in 2010 on the third RRM filing; and WHEREAS, in 2011, ACSC and the Company engaged in good faith negotiations regarding the continuation of the RRM process, but were unable to come to ultimate agreement; and WHEREAS, on or about January 31, 2012, the Company filed a Statement of Intent with the cities retaining original jurisdiction within its Mid -Tex service division to increase rates by approximately $49 million; and WHEREAS, Atmos Mid -Tex proposed March 6, 2012, as the effective date for its requested increase in rates; and WHEREAS, the City suspended the effective date of Atmos Mid -Tex's proposed rate increase for the maximum period allowed by law and thus extended the City's jurisdiction until June 4, 2012; and WHEREAS, on April 25, 2012, the Company extended the effective date for its proposed rates by one week, which similarly extended the City's jurisdiction until June 11, 2012; and WHEREAS, the ACSC Executive Committee hired and directed legal counsel and consultants to prepare a common response to the Company's requested rate increase and to negotiate with the Company and direct any necessary litigation; and WHEREAS, ACSC's consultants conducted a review of the Company's requested rate increase and found justification that the Company's rates should be decreased; and WHEREAS, ACSC and the Company have engaged in settlement discussions but will be unable according to Company representations to reach settlement in sufficient time for cities to act before June 11, 2012; and WHEREAS, failure by ACSC members to take action before June 11, 2012 would allow the Company the right to impose its full request on residents of said ACSC members; and WHEREAS, the ACSC Settlement Committee recommends denial of the Company's proposed rate increase in order to continue settlement discussions pending the Company's appeal of cities' denials to the Railroad Commission of Texas; and WHEREAS, the GURA § 103.022 provides that costs incurred by cities in ratemaking activities are to be reimbursed by the regulated utility. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That the rates proposed by Atmos Mid -Tex to be recovered through its gas rates charged to customers located within the City limits, are hereby found to be unreasonable and shall be denied. SECTION 2. That the Company shall continue to charge its existing rates to customers within the City and that said existing rates are reasonable. SECTION 3. That the City's reasonable rate case expenses shall be reimbursed by the Company. SECTION 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. SECTION 5. A copy of this Resolution shall be sent to Atmos Mid -Tex, care of David Park, Vice President Rates & Regulatory Affairs, at Atmos Energy Corporation, Mid -Tex Division, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767 -1725. PASSED AND APPROVED this the 14th day of May, 2012. IN ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor Karen Bostic, Assistant City Manager M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject Agenda Item No. C.0 PUBLIC HEARINGS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject: Agenda Item No. C.1 RP 2.012 -04 Public Hearing and Consideration of a Replat for Brynwyck Addition, being a revision of Lots 1 -29, Block A, and Lots 1 -4, Block B, Brynwyck Addition, containing 7.662 acres in the 8800 Block of Martin Drive. Presenter: Clayton Comstock Case Summary: Meritage Homes of Texas, LLC is requesting a replat of the 7.662 acre Brynwyck residential planned development off of Martin Drive. The purpose of the replat is to dedicate utility easements that were omitted from the replat previously approved by City Council in September 2011. The plat was not filed with the county before the omission was discovered, so this is essentially a re- approval of the replat. After consultation with the franchise utilities, additional easements were required to provide power, gas and communications to some of the lots. The plat does not change the number, size or layout of the lots and is consistent with all previous approvals for this development of 36 residential lots and 2 open space lots. A public hearing is required because this is a replat of a residential subdivision. Current Zoning: The parcel has been zoned RI -PD (Residential Infill Planned Development) since June 2007 but was revised and reconfigured in May 2011. Thoroughfare Plan: The lots will have access to Martin Drive, a C2U Minor Collector via the proposed Brynwyck Lane, an R2U Residential Street. Comprehensive Plan: The Comprehensive Plan depicts Low Density Residential uses for this area. Staff Review /Rough Proportionality Determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The public improvements necessary for the Subdivision include the installation of a water, sewer, drainage, and street improvements. Therefore, the developer will be required to assume 100% of the amount required for such public infrastructure improvements which are indicated on the final approved construction plans for the subdivision. Construction of the subdivision infrastructure is already under way, under the scope of the previously approved plat. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission met on Thursday, May 3, 2012 and voted 5 -0 to recommend approval of RP 2012 -04. Staff Recommendation: Approval of replat request RP 2012 -04. LOCATION MAP p w v m� � of w a Marti - Iwrlvv x a► � Mid- Gifies !Boulevard = AERIAL PHOTO PROPERTY OWNER NOTIFICATION > > >UPDATED < << axi NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL 1111 1 Case #: RP 2012- 04 Applicant: Brynwyck Equity Partners, Ltd. Location: 8840 Black of Martin Drive You are receiving this notice 'because you are a property owner of record in the original subdivision within 200 feet of the property shown on the attached map. Purvose of Public Hearing; A Public Hearing to Consider a Request from Brynwyck 'Equity Partners, Ltd. for a Replat to create Lots 1 -38, Block A, Brynwyck Addition in the 8800 Block of Martin Drive. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, MAY 3, 2012 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, MAY 14, 2012 Both Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Meritage Homes of Texas LLC Brynwyck Equity Partners Ltd 909 Hidden Rdg Ste 144 Ann Rob Ward Irving Tx 75038 -3817 704 Dent Ct SoutMake Tx 76092 -8868 REPLAT EXHIBIT GLEWHN' fIDN, 5d..3B8- 68, Pg�79d PRTLCCT 1� Lo[ 48 Wt 59 �, , r 4 �• T _ —Marffn -Drive I o I r 3 14 69 I I y I 1P.i', tiYi 1R Lot E. 1 o` fn 1 r ] 5 a N Lary I i „ ryU �I - S 71f 10933 N 1- mw IF Lao t31 ". I ®9'35'15' 978 75� d T vi 9 b 4 0 � a 6 9 j, __J Btndc't,�' I I i 2 5 •sa.w.iry Eax..er w6n�ra 0. Lot SwpAu Lot 2 Cff1{NIS LANG ADDRIdH, Cohi —1, A, L ! 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I HIDDEN RI.D @E, Burm too IRVeMO. FX 'Na LS549.55 W l.$__�B y,T 51 C 19S.g0 [9I2T 5806312 FAX: [BI T) 5.3-+710 PW.Jt*ER; KETCH N LTON, PE H ILTONMFFT M 63416110^CM ES BLVD... SUITE 140 NO Il RKIHLPBeO HRLS, TIf T8180 R (81Tn2 m 6 oa Ax (6, n 2ea.es6a sl_ YEYOR- ROOF" W. t43RT, RPLS AREA SURVEYING, INC. 6080 S. HaM ST., SlFTE 3608228 FOR— ORTH,T)t T6133 '1120 2= FA %ig +71 7 61 -2 326 r�•ti� rx.. rn..w..e,w. N e01 w -- -'a r- - I - - -- - fS( ICr neL�A Slide lv I 1 i s 11 I I dl I , T J Wd Cities Boulevard u+nve winY9^w�i .w..mrwva,ruNeli�a �. roev..aa.re ®� m..a. aams+b.�era ew.�.n4 em�erle _ � KN]'W .ILL FEN BY THESE PX£5£1rtS T.+u xx w.lea�. a E,�e .. Ea�xru T,ae s.�wro•' �. __ _ I m oK s,Y w , de 4edr.e -?IY drdi..PH e,.� ed e.�i w.o .� I'aa� nu....3 RRELO llN -Tn. pww In Ca rowrxtl for ony prvppr,9 - IMaeAleilY.]Ot? RE'C9LLU: RP 2m—, } GHb R d er .... Y CenldlinE Ci rvF Table ieenYersu Ch 0wnlx Hex3Ek tre a s E—o—t line Tdi ttiHGEM CPS Con"] T.W. 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Y CenldlinE Ci rvF Table ieenYersu Ch 0wnlx Hex3Ek tre a s r.u1 GYikSTOOM ttiHGEM 1 ABC LCMGRI LENGTH' so I' s 351 22 s o,•a as W 11 I sss.m — as.L zsx• c . amlveirtgvaanwcarmle¢m C3 C9 352 BCfW'D3" S oaCl' I IN S' )) x 42300 555,0 371 a -:N 51.E0 55:00 .on _ ° °.'• vpswmLYa�n..u+ 35 9 - I- 5 6F 1 1 , 3 IJ_m Il540 I"ll ia....... �.n.�. ea C6 118'48'53 LS549.55 W l.$__�B y,T 51 C 19S.g0 18s. 3? 1w,3 R^o or rynwyck g. rwka w N gn 2 &ocx 0. � Inls. 1 6 B �� . eorb- a , 1 vb ! rc caa h R 1 5a Har ., onale sang, To the Cty of Mth RcNland Hille., Twront County. Texoe. wad o:atFi li 1m1 y11i AREA SnvEym, ]xc. �m w»r.e w.x ME— `d u V i W EXCERPT FROM THE MINUTES OF THE MAY 3, 2012 PLANNING AND ZONING COMMISSION 5. Public Hearing and Consideration of a Replat for Brynwyck Addition, being a revision of Lots 1 -29, Block A, and Lots 1 -4, Block B, Brynwyck Addition, containing 7.662 acres in the 8800 Block of Martin Drive. Clayton Comstock came forward stating Meritage Homes of Texas is requesting a replat of 7.662 acres, Brynwyck, a residential planned development off of Martin Drive. The purpose of the replat is to dedicate utility easements that were omitted from the replat previously approved by City Council in September 2011. The plat for Brynwyck was not filed with the county before the omission was discovered, so we are bringing it back for reconsideration of the replat. After consultation with the franchise utilities, additional easements were required to provide power, gas and communications to some of the lots in this subdivision. The plat does not change the number, size or layout of the lots. It is consistent with all the previous approvals for this development of 36 lots and 2 open space lots. Roger Hart, Area Surveying, 6080 S. Hulen, Street, Ste. 360, Fort Worth, TX, came forward stating he has prepared the plat for this addition. Chairman Shiflet opened the Public Hearing and asked if anyone wished to speak, seeing none he closed the hearing and entertained a motion. APPROVED Bill Schopper moved to approve RP- 2412 -04, seconded by Steven Cooper. The motion passed unanimously (5 -0). M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject: Agenda Item No. C.2 SLIP 2012 -02 Public Hearing and Consideration of a Special Use Permit for an Emergency Clinic on property described as Lot 1, Block 1, Davis -North Tarrant Pkwy Addition; located on 1.709 acres at 8950 North Tarrant Parkway - Ordinance No. 3201 Presenter: Clayton Comstock CASE SUMMARY; On behalf of the owner, Texas Tarrant LLC, E -Care Emergency Management, LP is requesting approval of a Special Use Permit for an "Emergency Clinic" on 1.709 acres located at 8950 North Tarrant Parkway (or the southeast corner of North Tarrant Parkway and Davis Boulevard), the site of a former Eckerd Drug Store. Special Use New state legislation allows full - service emergency rooms to operate independent of a hospital. Thus the proposed "Emergency Clinic" use goes beyond the normal operations of a conventional "Urgent Care" facility, including 24 -hour service and a possible increase in ambulance activity. E -Care would be staffed and equipped to provide emergency medical care similar to that of a hospital emergency room; but when an E -Care patient exceeds their capabilities for treatment, they are provided a transport to the local hospital. According to their website (e- carecenters.com), E -Care currently operates two (2) locations— Frisco and McKinney —and offers a range of medical services in addition to their "urgent care and emergency health care" services; including physicals, drug screenings, imaging and lab services. At staff's request, E -Care has provided a narrative description of their business model (attached) for this NRH location. Site Renovations The existing building was constructed in 1999 and vacated shortly following the dismantling of the Eckerd Corporation and consolidation with CVS store locations in 2004. The site has sat vacant ever since. Because of E- Care's SUP requirement, the site must comply with current zoning, landscaping and sign regulations. Although their proposed building elevations do not meet the 85% masonry requirement, Section 118 -874 of the Zoning Ordinance (Masonry requirement for nonresidential buildings) states that, "building renovations that do not expand the existing square footage of a nonresidential building may use alternative simulated masonry systems as approved by the building official... as long as they offer improved architectural features and do not decrease the percentage of masonry on the newly renovated building. " A building material chart provided on the applicant's elevations sheet shows that the use of EIFS is being decreased, and the use of masonry products is being increased. The applicant has also worked with staff to bring the north and west facades of the building closer to compliance and significantly improve its appearance. They propose to add decorative light sconces, pilasters, varying natural paint colors and a stone wainscot. Landscaping Requirements The applicants were also provided a copy of the original landscape plan —which already exceeds current landscape material requirements —for which to use as a baseline for landscape improvements. The proposed landscape plan will significantly improve the site's appearance. The applicant is revising the on -site parking pavement to provide an additional 5 feet of landscape buffer along Davis Boulevard to provide the required 15 feet of landscape buffer. The applicability of required landscaping is a requirement under SUP submittals and as a result of more than 50% of the value of the building being made in building improvements. The existing pole sign will also be removed and replaced with monument signs along Davis Blvd and North Tarrant Pkwy that meet today's sign regulations. EXISTING ZONING: "C -1" Commercial EXISTING PLATTING: Lot 1, Block 1, Davis -North Tarrant Pkwy Addition 1_1 fay_ tO ]=1'Iw1kelzIIis101 Will '►I01,6_1=1 North: C -1 1 Retail (Walgreens across North Tarrant Pkwy) East: C -1 1 Retail (Undeveloped) South: C -1 1 Retail (Undeveloped) West: C -1 1 Retail (Chevron across Davis Blvd) THOROUGHFARE PLAN: The property is a corner lot that fronts Davis Boulevard (P6D Principal Arterial) and North Tarrant Parkway (P6D Principal Arterial). TRAFFIC IMPACT: For comparison purposes, the following chart provides ITE traffic generation estimates for "Clinic" and "Pharmacy /Drugstore with Drive - Through Window." Clinic Pharmacy 31.45 88.16 23.79 – 50.74 74.95 – 99.74 PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission met on April 19, 2012 and recommended approval of SUP 2012 -02 with a 5 -0 vote, subject to staff's recommendations of a 15' landscape buffer along Davis Blvd. STAFF RECOMMENDATION: Staff recommends approval of this Special Use Permit request for an "emergency clinic." LOCATION MAP AERIAL PHOTO / r `� f �. ♦�: .. 4 i T :2 �'��• .. _ .G �.. I " a c N6ith�Taf Pkwy pr 1• - q V4 fa " f, PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING T.. CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Numbers: SUP 2012- 02 Applicant: E -Care Management, LP Location: 8950 North Tarrant Parkway You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a request from E -Care Management, LP for a Special Use Permit for an Emergency and Urgent Care Clinic at 8950 North Tarrant Parkway. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, APRIL 19, 2012 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, MAY 14, 20'12 Both Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 78180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Jpmorgan Chase Bank Dhog LLC & Ztcp LLC C/O 8800 (forth Tarrant LP Attn Mgr Real Est Business Ser Walgreens Co 104 Wilmot Rd # 601 W Main St 575 Washington Blvd FI 4 Ms1435 Decatur Tx 76234 -1249 Jersey City NJ 07310 -1616 Deerfield 1160015-5121 Encore Realty Co 11 LP 1705 W Northwest Hwy Ste 260 Grapevine Tx 76051 -8125 Tarrant Parkway Woodcrest Ltd 3113 S University Dr Fort Worth Tx 76109 -5616 Kwun Investment Carp 8401 Davis Blvd North Richland Hills Tx 76182 - 8604 North Richland Center I LP Texas Tarrant LLC C/O Lockway 6210 Campbell Rd Ste 140 Management Carp Dallas Tx 75248 -1380 38 Chauncy St Ste 1402 Boston Ma 02111 -2309 LETTER FROM THE APPLICANT E -Care Emergency Centers History In 2005, Dr. Robert Rankins, a Board Certified ER physician, opened a center in McKinney, Texas with the capability of treating a variety of patients, like those of a conventional emergency room. At the time, the state did not have guidelines for free standing emergency rooms so the center was categorized as an urgent care center. Car. Rankins knew that his center could be an alternative to the in- hospital emergency room. Wait times in the hospital ER were growing daily and the existing ERs were overwhelmed with patients that would not need an admission. The scope of the patients that could be seen at this center was limited due to the label of urgent care, not the capability of the facility to efficiently and safely treat emergency conditions. Dr. Rankins and several other physicians drafted and lobbied the Texas legislature for a bill to create guidelines and licensure for free - standing emergency rooms. This bill was passed by the Texas legislature and became effective September 2009. The McKinney facility was grandfathered in as a free- standing emergency room. Today, the E -Care McKinney site sees an average 45 patients per day. In an effort to be cost effective and yet provide the proper level of care, our new facilities will provide urgent care and emergency care in the same building. Our North Richland Hills center is designed with a separate area in which patients with diagnoses that can be handled with minimal testing and diagnostic work up can be seen at a lower cost than these requiring more intensive rare_ We are also able to perform well care such as pre - employment health screenings and school physicals. This hybrid model makes us unique among existing free - standing emergency care centers. Location The location at 8950 North Tarrant Parkway (corner of Davis and North Tarrant Parkway) was chosen because it is the central point of an area that does not currently have convenient emergency services. The total population in a three mile radius of this location in 2010 was just under 70,000 people with a growth rate of 2.3% projected until 2015. The nearest hospital is 5 miles away for ease of transfer to a Niger level of care, Urgent care centers exist outside the 5 mile radius of the location. This site lies near the intersection of 5 communities, North Richland Hills, Keller, Grapevine, Colleyville and Southlake and would provide a service unique to these communities. Services E -Care Emergency centers are staffed with Board certified emergency physicians and emergency trained nurses. All are equipped with lab, x -ray, CT and ultrasound providing diagnostic services like a hospital based emergency department. A transfer agreement will be in place with area hospitals should a condition require overnight stay or services offered only on an in- patient basis. We will work cooperatively with the local EMS to establish protocols for transfer of patients to the hospital as well as identifying those that could be treated at our facility. Hours of Operation E -Care NRH will be opening at first 10 am to 10 pm, 7 days a week, then expand hours within the first year of operation to 7 days a week, 24 hours per day. E -Care NRH will have a staff of 6- 7 people on duty including an Eli physician at all times. Summary In short, our mission is to provide a blend of quality emergency services with short wait times, convenient location, and excellent Customer service and quality urgent care services that are cost - effective and convenient. E Care will strive to be a vital component of the community, providing excellent care to the citizens of North Richland Hills and surrounding communities. ORDINANCE NO. 3201 SUP 2012 -02 AN ORDINANCE OF THE CITY OF 'NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW AN EMERGENCY CLINIC ON PROPERTY LOCATED ON 1.709 ACRES DESCRIBED AS LOT 1, BLOCK 1, DAVIS -NORTH TARRANT PARKWAY ADDITION AT 8950 NORTH TARRANT PARKWAY; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLA!ND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan and the Comprehensive Zoning Ordinance are hereby amended by approving a special use permit to allow an emergency clinic located on 1.709 acres described as Lot 1, Block 1, Davis -North Tarrant Parkway Addition at 8950 North Tarrant Parkway described in the attached Exhibit "A ", subject to approval of an amended site plan by the city council. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses hereof. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 14th day of May, 2012. CITY OF NORTH RICHLAND HILLS i Oscar Trevino, Mayor rr011*16 Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney 11 » : 1+]► 1= I l 7 _ [: f +hl e ] 2 111 =1 Z 16 John Pitstick, Planning & Development Director EXHIBIT A NORTH TARRANT PKWY r i .:v s1M sw. erco — a1cv. auaru. wA� rsn. r — 7 �wn� t carp r,. Im 2d1[tl. � l _ _ ' O.1.onNERCU� rtrt I ' ( /f^/ y'II'II�`i�p�'�'�� -f,�� r 'R I JEWSi1W3 _ I e�MekR 44PRT WHT A. PROM9e0 ,�l _ BIIIlH11G `/ \� /` �Il 1 rT I E -1, DOiNER044 � � I I r � CAHOPT — au"�e JI ��P�wOP0569 - _ t�townu =DATA 113T 1, REDCK 1 DAk7S- NORM TARRAN7' PARAWAY ADDIT"'y LAAD AREA 1 -1GB ACM BLDG. DATA SIM 11,MG S.F. SEDO 1EAIR m FT IAur- COVSRACE BJILLWYC i S.F. M NPERHO� CGLER: 98,512 ]Ri PAAKL?Y * r SVM..U4RY PAW.140 RUM PA m WMID. 1:2C0 i� 54 SPPL15 ZPMNG C1ASSIFI ATION I%9RIHG C-1, OOYYQd01L WMS: 1. SOI. MN IS SHf TROY RE DIM PLAT FOR LOT % SACK 1 OAN� TARFAHR PAW"Y A MnM CAMWT A, HA WR 41M. '2 MM E M HIHIYLM SIIP YMO R€ RW. 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Vt d, 5 RLrxH `k�wNBrB 9E !� a� rvz r PLANT LIST .T ��� i�ES S'rm'#vl Ouc�?!ty f;Wp Nang Sc TIP Ytmp Gommm Nang Pon tlrq Slx¢ 4ommpMs V 1i R- RVWNeple Indlw 1n4. hoptPae kle 5-4 Z'OC 0 5 LA Laarab ma indcd Crcpc yrtl • rcd 4 -6 Starr r HL Nin b 3 lye ke Ro o Y..,- M1dr -6 SLcn 6 H Min 2 Cdx LeB1.N .,— 3 B & S. J' Hi l� 7 Ban, CL hl .ergii Cn - nr},m .de 3' -Cd B & 6 ]'III. 1 Z ulrn ivl. CeAa 'l 3- -Cd B & B. THL. 5 mo 6 `d'dr a Lrn oak 3' -Gd B 3 B. 7'Ht. 1 Toe to.oa. ntl^n m sdc cW— 5' cm B & B. 3 Ht n, ee�d Ike w Barmrdl Nme o-.a1 9"wo Haly T -ON m' Ha. sroc 113u Uri .—H 'AxS Ginty' 'Azh g ' rr,. #° p.L 12' 0.G. so Hemerocdh s ?. 'Stet. B'trro Stdl B'Or. B.yR C Pot 12' 0.C. ® 2248 ie.eltd.aperr..m -i U— Amon ps. ne #° p.I 12' 0..G. a'xac�p�r�a[ /� R.um FER H1N _apt, T . Bpi vw� (flFfP I�a p�i `fanR] � lt— ' ¢fUS PwlTwa II T Wrvirun.a im Y I - _ 111 e� rc ita a, inw .'�I °III pLO pw Rn aPEw .. �PEHO}'E MB! I I I I eT tt em A`s'�aH rseE • 9 s 3E1s11 ..aoE°.... BE73PING PLAN SHRUB PL "NG =�rrop EDQNG MI r�ge� mdl�gibw�oxr�a� skdaii[I a 3 2 li 1. Vt d, 5 RLrxH `k�wNBrB 9E !� a� rvz r Y 4W+wws LEEa N �L .T ��� i�ES ! 3YRS1ysK£ An MFR x .mrc waxaj► ST� JULTF -TRUNK TREES & TREES Y CAL. h URGER TREE PLR CUT URES OVER 27 CAUPER e�tt .Sr'r � Gn 8 Ss> J ¢ :� 0-0 La W O, < 5 N G Wg_ UW� W FI Z 6 A g R MLT L-2 .... w.. �. �... �.,.. l... 1�. 1�, �,. �.....,.. w.., .....,,.w.�..,�.......1.......� «,1..1....,.x.,.,..... �» as W k g �$ Ol l i e M.lA0R.H9 H _ ;mtel � as J [ 0 _\ - x --------------------------- a g m I 1 Ne. . I a�N Mal TREE PRESERVA71ON PLAN aaxsxTMw •. ws.no. , xw Winkelmzan { E -CARE FREE STANDIN.G rn., ��' EMERGENCY CLINIC swww rwrrK •,�,. -•;�`, n "°`"° �P�nxa., bo, NORTH RICHLAND HILLS, TEXAS 'iRq - ------------- 03 NORTH ELEVATION NEW CANOPY I P-1 - --------- OF 1165]'tTRIlGi1Ki 02 WEST ELEVATION ------------ F-7-7 1 way_ N ow 0.1 EAST ELEVATION - NEW AMBULANCE rANOP'Y •1 NEFP4 SOUTH EL VATION I.- V� V.L. I P-1 - --------- OF 1165]'tTRIlGi1Ki 02 WEST ELEVATION xew Fl. , rF� ..^^WbmNftueFr � //� J .erw era.. eacaY] qu en�lrrr mm - � _ 777 r V ------------ F-7-7 1 2 N ow 0.1 EAST ELEVATION - NEW AMBULANCE rANOP'Y xew Fl. , rF� ..^^WbmNftueFr � //� J .erw era.. eacaY] qu en�lrrr mm - � _ 777 r V EXCERPT FROM THE MINUTES OF THE APRIL 19, 20'12 PLANNING AND ZONING COMMISSION MEETING 11. SUP 2012 -02 Public Hearing and Consideration of a Special Use Permit for an Emergency Clinic on property described as Lot 1, Block 1, Davis -North Tarrant Pkwy Addition; located on 1.709 acres at 8950 North Tarrant Parkway. Current Zoning: C -1 Commercial. Clayton Comstock said this case is where the old Eckerds site at the southeast corner of North Tarrant. Parkway and Davis Blvd. Eckerd Drug Store constructed the property back in 1999, which was bought out by CVS and consolidated all their stores, therefore this property closed around 2003 to 2004. This is the first serious applicant that has come forward for use of the property since then. The applicant is proposing to improve the existing dumpster; pharmacy canopy on the east site will be improved and demolished for an ambulance "sally port" as part of the emergency clinic use. The west fagade will be improved, the south side will have a new enclosure for a generator, and the north side will lose some existing parking spaces and in return put in a drop off canopy for patients. No additions to the west side are proposed, but the hard corner of Davis and North Tarrant Parkway there is an existing pole sign that will be removed to comply with the sign ordinance. In its place will be two monument signs at each entrance. The elevations show a total reface of the north side with a larger parapet roof, all stone work will be replaced with masonry product. They do intend to come in with pilasters along the west facade and some wainscot stone work. The building material chart provided on their elevation sheet shows that the use of EIFS is being decreased and the use of masonry products is being increased which is in compliance with the ordinance. Mr. Comstock said staff asked the applicants to match or exceed the landscape plan that was previously approved by the previous applicant and they have done so. They are replacing a number of trees that have died throughout the years, adding new landscaping to the east side, replace all dead shrubs in the front and add new trees as well. The Davis Blvd. frontage is required to have a 15 ft. landscape buffer, it was not required at the time of the previously constructed site, but is now in place. With the amount of improvement and consideration of the SUP, the landscape requirements are now applicable to this site. There is an existing 10 foot buffer where a 15 foot buffer is required, the applicant has agreed to increase it to 15 feet, it is not represented on the site plan submitted, but will be represented on the site plan moving forward to City Council. They have eliminated 3 parking spaces and shifted some around to gain the 15 foot landscape buffer. The existing buffer around North Tarrant Parkway is 10 foot as well, but there is such a large parkway for 'North Tarrant Parkway between the property line and pavement, that we consider that sufficient enough to meet the requirements. This revision will be going forward to City Council and they have met staff recommendations. The special use for an emergency clinic, Mr. Comstock said, will stark of from a 10:00 a.m. to 10:00 p.m. type use, but by state mandate they are required in 2013 to move to a 24 hour facility. At that time it will be a 24 hour, 7 day a week facility. There could be ambulance visits- their primary business model is to treat patients unless they needed to be transferred via transfer service to another hospital for extended care needs they could not provide. Staff is support of the use of the business, because it is bringing a use that has been vacant for some time, they are increasing the landscaping and improving the building as well. Michael Clark, 6750 Hillcrest Plaza, Ste 325, Dallas, TX, came forward representing Winkleman and Associates. He said he wanted to add to Clayton's presentation that the fagade upgrades will be mostly on the north side, but the entire building will be painted and matching the same color scheme on all sides. The landscaping will be completely upgraded, the parking lot re- striped, pole sign removed and replaces with monument signs to comply with the new ordinance. He apologized for not having the landscape requirements on the plans but will have it on the ones for City Council. Regarding ambulance parking, there will not be stored for overnight parking, only for patient drop off. We do not have our own ambulances. We request approval of the site plan as presented. Steven Cooper asked about business service and what type of care will be provided? Dr. Robert Rankins, ER physician came forward stating that E -Care was started in 2003. We are an emergency department without the hospital. We have been licensed with the state and provide the same services offered in any hospital. We can take ambulances or any other walk -ins. Steven Cooper asked if patient walk -ins would come in the front door and ambulances on the east side door. Is there separate entrances for walk -ins vs. emergency vehicles would go. Michael Clark said the ambulances will go to the southeast corner where the old pharmacy drive through was located, walk -ins or drop offs that are not ambulatory, will come through the main entry on the north side. Chairman Shiflet asked Dr. Rankins on average how many ambulances might be coming and going per day? Dr. Rankins said that would vary. In McKinney, for example, maybe one per year. But the reason for that is because it is a political thing. The local hospital is the EMS directorship and they direct where those ambulances go. So it would depend on the EMS system here wanted to utilize us, since there is not a hospital within a 5 mile radius. We would be happy to help with the lower acute patients if that helps them get back on the streets sooner. The state requires is to avail ourselves to the EMS and we want to do that. Chairman Shiflet asked about private transport service vs. our city owned ambulance service. Dr. Rankins said only the very critical patients who might be having a stroke and need the stroke team available or an acute MI that needs to go straight to the Cath Lab, those are the only instances we would call 911. Otherwise everyone else is stabilized in our facility, if they need to be admitted or transferred; we call for private non emergence transport. There would be very little usage of the local services as far as pulling them off the street. Chairman Shiflet asked Greg Lindsay if Fire Station 1 has an ambulance by this location. Greg Lindsay said Fire Station 1 does not have an ambulance staffed on a regular basis, the other 3 stations do. The closest ambulance would come off the Hightower Station 4. Chairman Shiflet asked Dr. Rankin for more clarification on numbers and how the company operates. Dr. Rankins said for instance, if in McKinney where our busiest center is at, if the local EMS directors from the hospital would utilize us, we would probably see 2 -3 ambulances per day based on the average traffic there. Since this doesn't occur it is hard to give true number. Steven Cooper asked what kind of staffing is typical in the location. Dr. Rankins said there is always an ER physician on site, 2 RN's , 1 LVN, 1 -2 techs for Radiology and Lab, 2 Registration, and depending on the hour of the day, a P.A. for extra assistance for the doctor. Mike Benton asked if appropriate parking lot lighting is in place when they open 24 hours a day in 2013 or do we need to look at it during this time? Michael Clark answered and said there is adequate lighting, it only needs to be timed appropriately. Chairman Shiflet asked if anyone else wished to speak for or against. Seeing none, he closed the Public Hearing and entertained a motion. ►.1 »:Z�1�1 � �1 Mike Benton motioned to approve SUP 2012 -02 with staff recommendations of the 15 ft. stipulation of the landscape buffer. The motion was seconded by Steven Cooper and passed unanimously (5 -0). M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject: Agenda Item No. C.3 ZC 2012 -01 Public Hearing and Consideration of a Zoning Change from R -2 Single Family Residential to R -1-S Special Single Family Residential on property described as Tract 1813, S. Richardson Survey, Abstract No. 1266 and located at 8800 Kirk Lane - Ordinance No. 3196 Presenter: Clayton Comstock CASE SUMMARY: Property owners Ricardo and Cristi Figueroa are requesting approval of a zoning change from R -2 Single Family to R-1 -S Special Single Family for a 2.047 acre residential property located at 8800 Kirk Lane. The owners wish to utilize some of the benefits that come with the R -1 -S zoning, including more flexible accessory structure regulations. After the 'necessary right -of -way is dedicated by Final Plat, the property will be platted as one lot of 1.981 acres. The R -1 -S zoning thus guarantees that the property could not be subdivided further without another change in zoning. R -1 -S is a zoning designation typically allowed in an estate setting with a minimum of 1 acre lots. Kirk Lane has multiple properties of such character. The proposed zoning would encourage the continued preservation of the rural character of Kirk Lane. PLAT STATUS: This parcel is currently unplatted and described as Tract 18B of the Stephen Richardson Survey, Abstract No. 1266. It has been preliminary platted as part of the "Taylor's Place" subdivision, which fronts Kirk Road to the west. A Final Plat (Case FP 2012 -02) for Lot 5, Block 1, Taylor's Place, is being considered in conjunction with this zoning change request. EXISTING CONDITIONS: There is an existing residential structure located on the lot. There also appears to be unauthorized construction on the property, specifically a pool house /cabana that was neither permitted nor inspected. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Low Density Residential" for this area. This is a rural estate setting, but falls in to the low density residential category. THOROUGHFARE PLAN: The lot has frontage on Kirk Lane which is designated as an R2U Local Street. Adequate right -of -way is being dedicated by the associated plat. SURROUNDING ZONING/LAND USE: North: AG Agricultural 1 Low Density Residential East: AG Agricultural 1 Low Density Residential South: AG Agricultural 1 Low Density Residential West: R -2 Single Family/ Low Density Residential PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission met on Thursday, April 19, 2012 and voted 5 -0 to recommend approval of ZC 2012 -01 subject to the applicant acquiring the appropriate permits, inspections and approvals for any existing unauthorized structures on the property. STAFF RECOMMENDATION: Appropriate permits and inspections have been made and approved by staff for existing structures. Approval of ZC 2012 -01. G I W Kirk Ln i4ur4meld Rd AERIAL PHOTO LOCATION MAP 77 : u PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEADING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Numbers ZC 2012- 01 Applicant: Location: Rick Figueroa 8800 Kirk Lane You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a request from Rick Figueroa for a zoning change from R -2 to R -1 -S at 8800 Kirk Lane. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, APRIL 19, 2012 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, MAY 14, 2412 Both Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 70180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Cristi A Etvir Ricar Figueroa David Etux Shu Redelsperger Larry Etux Peggy Spradling 8800 Kirk Ln 7532 Kirk Rd 7528 Kirk Rd NRH Tx 76182 -7502 NRH Tx 76182 -7440 NRH Tx 76182 -7440 Raman Etux Shannon Dorasami Steven W & Judith K Salamone Gordon H Carpenter Jr 7524 Kirk Rd 7600 Perkins Dr 7604 Perkins Or NRH Tx 76182 -0000 NRH Tx 75182 -7408 NRH Tx 76182-7408 Bonnie A Bellows Barrett L Etux Jenn Blackburn Karl R Burge 8712 Kirk Ln 3537 Landy Ln 1600 Village Dr Apt 517 Fort Worth Tx 76182 -7424 Richland Hills Tx 76118 -5950 Euless Tx 76039 -5671 Michael & Stephen Morrow 11789 Buckley Ct Woodbridge Va 22192 -5725 Berwyn Etux Marjorie Caswell 8900 Kirk Ln Fort Worth Tx 76182 -7508 Michael Etux Charlene Morrow Benjamin Etux Ann Loibl 8809 Kirk Ln 8908 Kirk Ln NRH Tx 76182 -7503 NRH Tx 76182 -7508 Alan R Etux E Gail Easley 0 G Etux 'Linda Tobias 8709 Rumfield Rd 8076 Steep Hollow Rd Fort Worth Tx 76182.6130 Bryan Tx 77808 -7680 Pars Etux May Vang 8805 Rumfield Rd NRH Tx 76182 -6156 ORDINANCE NO. 3196 ZONING CASE ZC 2012 -01 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 2.047 ACRE TRACT OF PROPERTY FROM R -2 (SINGLE FAMILY RESIDENTIAL) TO R -1 -S (SPECIAL SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 2001 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 2.047 acre tract of land located in the Stephen Richardson Survey, Abstract 1266, City of (North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit B from R -2 (Single Family Residential) to R -1 -S (Special Single Family Residential) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. 1:1►IIl19 N17- 1I`rI413 PASSED AND APPROVED on this 14th day of May, 2012. la ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor 1�1 :ZG] ►1=112 -114 1101 to] N k ►,1,1:1 III 1 *11111 Wis George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director EXHIBIT A STATE OF TEXAS COUNTY OF TARRANT WHEREAS Cristi A. Figueroa &Ricardo J. Figueroa are the owners of that certain tract of land situated in the Stephen Richardson Survey, Abstract Number 1266 in the City of North Richland Hills, Tarrant County, Texas, according to the deed to Cristi A, Figueroa & Ricardo J. Figueroa recorded under Instrument No.s D199149421 & D204131258, respectively, of the Official Public Records of Tarrant County, Texas; the subject tract being more particularly described by metes and bounds as follows: BEGINNING at a one inch rebar found at the northeast corner of the tract described in the deed to Cristi A, Figueroa & Ricardo J. Figueroa recorded under Instrument No.s D199149421 & D264131258, respectively, of the [official Public Records of Tarrant County, Texas, by deed call being North 89 Degrees 59 Minutes West a distance of 966.29 feet and North 06 Degrees 08 Minutes 00 Seconds West a distance of 635.2 feet from the southeast corner of the Stephen Richardson Survey, Abstract Number 1266; THENCE South QD Degrees 08 Minutes 96 Seconds East (BEARING BASIS), with the east line of the said Figueroa tract, a distance of 336.54 feet to a 5/8 inch rebar found at the southeast corner of the Figueroa tract; THENCE North 89 Degrees 43 Minutes 00 Seconds West, with the South line of the Figueroa tract, a distance of 264.95 feet to the southeast comer of Taylor's Place recorded in Cabinet A, Slide 11323 of the Plat Records of Tarrant County, Texas; THENCE North 06 Degrees 68 Minutes 60 Seconds West, with the east line of said Taylor's Place, a distance of 336.54 feet to a % inch capped rebar stamped "JPH LAND SURVEYING" set at the northeast corner of Taylor's Place; THENCE South 89 Degrees 43 Minutes 00 Seconds East, with the North line of the Figueroa tract, a distance of 264.95 feet returning to the PLACE OF BEGINNING and enclosing 2.047 acres (89,164± square feet). EXHIBIT B Lze KINK LAIC 1 I U .b•� � I I i I i I it I I I -- -- Mw -ZZ4Lr Mt - M4 -- " s V Irarry xtAa z(?N1146 EXHIHtr PROPOSED L,OT 5, BLOCK 4 TAYLOR'S PLACE 2.447 acres Richard Survey :abstract `umber 1266 (- Aa 1 4C:111 41 esa'e own " - W0" -0,' "A Tn r—b reams J� I I -- -- Mw -ZZ4Lr Mt - M4 -- " s V Irarry xtAa z(?N1146 EXHIHtr PROPOSED L,OT 5, BLOCK 4 TAYLOR'S PLACE 2.447 acres Richard Survey :abstract `umber 1266 (- Aa 1 4C:111 41 esa'e own " - W0" -0,' "A Tn r—b reams EXCERPT FROM THE MINUTES OF THE APRIL 19, 20'12 PLANNING AND ZONING COMMISSION MEETING ZC 2012 -01 Public Hearing and Consideration of a Zoning Change from R -2 Single Family Residential to R-1 -S Special Single Family Residential on property described as Tract 18B, S. Richardson Survey, Abstract No. 1266 and located at 8800 Kirk Lane. Chairman Shiflet opened the Public Hearing for ZC 2012 -01 and also considering FP 2012 -02. Clayton Comstock came forward stating this is a request for zoning request and replat on Kirk Lane. It is a rural area of North Richland Hills with larger lots and other R -1 -S and R -2 properties surrounding this lot. The current zoning on the property is R -2 and the applicant is requesting R -1 -S to take advantage of some of the flexible accessory structure regulations. The zoning exhibit shows the setbacks and along with the final plat for Lot 5 Block 1 Taylor's Place. It was previously preliminarily platted as part of Taylor's Place but never went through the final plat when the west side was platted. They are dedicating the correct amount of right of way along Kirk Lane for this lot. Staff recommends approval of the zoning change and final plat. Don Bowen asked about the staff comments with an unauthorized pool house on the property and asked if this would be part of the recommendation of approval. Clayton Comstock said yes, the applicant is working with Dave Pendley, Building Official, at this time to obtain proper permitting and inspections. Dave Pendley said yes, there is a pool there built a number of years ago and permitted but the structure was not done at that time and is being corrected now. Michael Arthod, ,IPH Land Surveying, 807 Bluebonnet Court, Keller, TX came forwarding stating he is the surveyor on record and going through their due diligence to final plat this parcel. We have met all the staff comments and are requesting approval to allow the applicants to expand their home. Chairman Shiflet asked if anyone else wished to speak for or against, seeing none he closed the Public Hearing and entertained a motion. APPROVED Kathy Luppy motioned to approve ZC 2012 -01 and FP 2012 -02, subject to appropriate permits, inspections and approval. The motion was seconded by Don Bowen and passed unanimously (5 -0). COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject: Agenda Item No. CA FP 2012 -02 Consideration of a Final Plat and Development Agreement to create Lot 5, Black 1, Taylor's Place Addition on property currently described as Tract 18B, Stephen Richardson Survey, Abstract No. 1266; located on 2.047 acres at 8800 Kirk Lane 'This item is not a public hearing but related to Item C.3) Presenter: Clayton Comstock CASE SUMMARY: Property owners Ricardo and Cristi Figueroa are requesting approval of a Final Plat to create Lot 5, Block 1, Taylor's Place, a residentially zoned property of 2.047 acres -1.981 acres after dedication of right -of -way for Kirk Lane. This case would be considered a "Short Form Final Plat" were it not for its inclusion on the Taylor's Place preliminary plat previously approved by the Planning & Zoning Commission. This Final Plat is consistent with the approved Preliminary Plat as well as the current zoning of R -2 Single Family and the proposed zoning of R -1 -S Special Single Family under separate Case ZC 2012 -01. EXISTING CONDITIONS: There is an existing residential structure located on the lot. THOROUGHFARE PLAN: This lot has frontage on Kirk Lane which is designated as an R2U residential local street typically with 50 feet of right of way. A majority of the existing Kirk Lane was recently dedicated to the City with the final platting of Morrow Ranch. However, because the Marrows did not "own" the entire width of Kirk Lane, additional Right -Of -Way dedication is still necessary from the properties on the south side of Kirk Lane. The lot in this final plat is one such property. As part of this final plat, the applicant has agreed to dedicate the necessary right of way for the frontage of his property along Kirk Lane in credit for the proportional costs of roadway improvements under a development agreement (also included as part of this agenda item). Property values have been determined based on the certified appraisals (previously used during the final platting of Morrow Ranch) for right of way outside prescriptive paving areas. COMPREHENSIVE PLAN: The Comprehensive Plan depicts low density residential for this area. This plat is consistent with the Plan. STAFF REVIEW l ROUGH PROPORTIONALITY DETERMINATION: The Subdivision will have an impact on the existing public Right -Of -Way ( "ROW "). Following are the proportional costs and obligations for future curb and gutter and sidewalks for the Subdivision. Total $ 6,078.00 Such amount ($6,078.00) is roughly proportionate to the proposed Subdivision. Therefore, the developer will be required to either construct the required improvements (per current minimum City standards) or assume 100% of the amount ($6,078.00) required for such infrastructure improvements. The above determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by the undersigned professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. As previously mentioned the rough proportionate value listed above will be credited against an appraised value of land for needed minimum right of way for Kirk Lane outside the paving areas in a development agreement as part of a final plat. DEVELOPMENT AGREEMENT: Along with the platting of the 2.047 acre tract, the applicant would like to dedicate his share of Kirk Lane against the requirements that the Rough Proportionality Determination ( "RPD ") would have towards the proposed Lot 5 for roadway infrastructure improvements. Based on the appraisal previously used with the final platting of Morrow Ranch, the value of the portion of Kirk Lane ROW that is not currently paved is $3,975.21. Because the value of the RPD is $6,078.00, a balance of $2,102.79 remains. The attached Development Agreement provides for a $3,975.21 "credit" against the RPD, therefore, the applicant will be responsible for remitting the City $2,102.79 along with the ROW dedication. This Development Agreement has been reviewed by the City Attorney and he has determined that it is acceptable. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission met on Thursday, April 19, 2012 and voted 5 -0 to recommend approval of FP 20112 -02. STAFF RECOMMENDATION: Approval of final plat for Lot 5, Block 1, Taylor's Place Addition - FP 2012 -02 and the Developer Agreement for Municipal Infrastructure Costs [for the] Plat of Block 1, Lot 5 of Taylor's Place Addition. Unit % Items Unit Qt Y. Price Assessed Total Curb & Gutter LF 205 $ 15.00 100.0% $ 3,075.00 Concrete Sidewalk (4" wide) SY 91 $ 33.00 100.0% $ 3,003.00 Total $ 6,078.00 Such amount ($6,078.00) is roughly proportionate to the proposed Subdivision. Therefore, the developer will be required to either construct the required improvements (per current minimum City standards) or assume 100% of the amount ($6,078.00) required for such infrastructure improvements. The above determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by the undersigned professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. As previously mentioned the rough proportionate value listed above will be credited against an appraised value of land for needed minimum right of way for Kirk Lane outside the paving areas in a development agreement as part of a final plat. DEVELOPMENT AGREEMENT: Along with the platting of the 2.047 acre tract, the applicant would like to dedicate his share of Kirk Lane against the requirements that the Rough Proportionality Determination ( "RPD ") would have towards the proposed Lot 5 for roadway infrastructure improvements. Based on the appraisal previously used with the final platting of Morrow Ranch, the value of the portion of Kirk Lane ROW that is not currently paved is $3,975.21. Because the value of the RPD is $6,078.00, a balance of $2,102.79 remains. The attached Development Agreement provides for a $3,975.21 "credit" against the RPD, therefore, the applicant will be responsible for remitting the City $2,102.79 along with the ROW dedication. This Development Agreement has been reviewed by the City Attorney and he has determined that it is acceptable. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission met on Thursday, April 19, 2012 and voted 5 -0 to recommend approval of FP 20112 -02. STAFF RECOMMENDATION: Approval of final plat for Lot 5, Block 1, Taylor's Place Addition - FP 2012 -02 and the Developer Agreement for Municipal Infrastructure Costs [for the] Plat of Block 1, Lot 5 of Taylor's Place Addition. I F- SI C CL LOCATION MAP ui ui AERIAL PHOTO PLI.mfialcl Rd LLj FINAL PLAT EXHIBIT 4 ; 65 L - - - - -1 -- - -- - E KIRK LANE -- - - ---4 -- � I I i I I I I I l I I I I II9 .s ki I 13 I I� I I� II I `FI I E I I I I I I I I I 1 I I S10 q.a 4!'fnm ..cuan ,.imneFSi.w,el..,. eni,.k3��,ws.'•�. "�' -wlr. �,w ,n o++n,. - �. m.v�,aa,w wuuxxn� 1 corn et i VICFMmd t� _ I._. W • m ; I a. Final Plat LOT 5, BLOCK 1 TAYWR'S PLACE �+RUVt[TUr IN iwe CRY 0[+?fFIHITI RIC[RAtao ml i TARMM CtJ1�H1 - Y 'f1i4L5 2.P17 pre , . M1&9 SI'6PffiN➢1C31AkFi@ONSL'RVSY, A TRAC M. UM M91L 201P f I lAT TMRH Cast # FP 2012-02 This Plat filed as InsiFim mt f? Date DEVELOPER AGREEMENT FOR MUNICIPAL INFRASTRUCTURE COSTS The parties to this agreement are the City of North Richland Hills ( "City ") and Rick Figueroa ( "Developer "). This agreement is to document the obligation of Developer to pay the cost of municipal infrastructure improvements determined pursuant to §212.904, Texas Local Government Code to be roughly proportionate to the proposed development known or to be known as Taylor's Place Addition: Block 1, Lot 5, North Richland. IIills, Tarrant County, Texas, and to document the Agreement of the parties as to how Developer's obligation will be met. W ITNESSETH 1. The parties agree that Developer's obligation for rough proportionality as determined by the city's engineer is $6,078.00. The parties also agree that the value of land owned by Developer needed by City for Kirk Lane, the street adjacent or in close proximity to Developer's proposed development from which such rough proportionality obligation arises is worth approximately $3,975.21. 2. Developer agrees to convey to City all Developer's right title and interest, save and except any mineral interest to City the land described in Exhibit A hereto and to provide an owner's title policy in the amount set forth in Paragraph 1 hereof guaranteeing good title in City and to pay City an additional $2,102.79 and City agrees to accept such conveyance, policy and sum in satisfaction of Developer's obligation for payment of the amount required for public infrastructure required for such property as determined by the City's engineer to be roughly proportionate to the proposed development of the property described above. Such payment shall be made and the title policy provided prior to issuance of a building permit for construction on property located in Developer's proposed subdivision. 3. The public infrastructure improvements covered by this agreement are as follows: Item Unit (quantity Unit Price % Assessed Total Curb & Gutter LF 205 $ 15.00 100.0% $ 3,075.00 Concrete Sidewalk (4' wide) SY 91 $ 33.00 100.0% $ 3,003.00 Total $ 6,078.40 Signed this the day of May, 2012. [aIME$]11► O1 1 4Y1•.7NAI1W10U111a Mark Hindman, City Manager City's Mailing Address: 7301 N.E. Loop 820 North Richland Hills, Texas 76180 APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney DEVELOPER Sy: Rick Figueroa, Developer Developer's Mailing Address: 8800 Kirk Lane North Richland Hills, Texas 76182 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on this date by ]:Mark Hindman, Citv Manaeer of the City of North Richland Hills, Texas, who acknowledged to me that he executed the same for the purposes and consideration, and in the capacity therein expressed, as the act and deed of such municipality. Notary Public ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this date by Rick Figueroa, who acknowledged to me that he executed the same for the purposes and consideration therein expressed. Notary Public I I O lIff WA V I - il JPH Land Surveyina, Inc. �,0 BIL10bonnet Drive, Suite C. Keller. Texas 7624.X Tel (817 411 -401 If wiv w.jphls.com FIELD NOTES to that certain tract situated in the in the Stephen Richardson Survey. Abstract Number 1266 in the City of North Richland Hills. Tarrant County. Texas, said tract being a portion of the tract described in the deeds to Cristi A. Figueroa & Ricardo J. Figueroa recorded Linder Instrument No.s D1 991 4942 1 & D204131258. respectively. cat the Official Public Records of Tarrant County, Texas; the subject tract being more particularly described by metes and bounds as follows: BEGINNING at a one inch rebar found at the northeast corner of the tract described in the deed to Crist! A. Figueroa & Ricardo J. Figueroa recorded under Instrument No.s D199149421 & D204131258, respectively, of the Official Public Records of Tarrant County, Texas, (tract hereinafter referred to as "Figueroa tract") by deed call being North 89 Degrees 59 Minutes West a distance of 960.29 feet and North 00 Degrees 08 Minutes 00 Seconds West a distance of 635.2 feet from the southeast corner of the Stephen Richardson Survey. Abstract Number 1266, from said found 1 inch rebar a 5 inch rebar found at the southeast corner of the said Figueroa tract bears South 00 Degrees 08 Minutes 00 Seconds East (BEARING BASiS), a distance of 336.54 feet; THENCE South 00 Degrees 08 Minutes 00 Seconds East, with the east line of the Figueroa tract, a distance of 9.09 feet to a set 1 , - 2 inch capped rebar stamped "JPH LAND SURVEYING": THENCE North 89 Degrees 59 Minutes 42 Seconds West, through the interior of the Figueroa tract, a distance of 80.15 feel to a set 1 /� inch capped rebar stamped "JPH LAND SURVEYING": THENCE South 88 Degrees 56 Minutes 33 Seconds West. continuing through the interior of the Figueroa tract. a distance of 1 84.82 feet to a li� inch capped rebar stamped "JPH LAND SURVEYING" set in the east line of Taylor's Place recorded in Cabinet A. Slide 11323 of the Plat Records of Tarrant County, Texas: THENCE North 00 Degrees 08 Minutes 00 Seconds West, with the east line of said Taylor's Place. a distance of 13.70 feet to a 1 :2 inch capped rebar stamped "JPH LAND SURVEYING" set at the northeast corner of Taylor's Place: THENCE South 89 Degrees 43 Minutes 00 Seconds East. with the north line of the Figueroa tract. a distance of 264.95 feet returning to the PLACE OF BEGINNING and enclosing 0.066 of an acre (2,886± square feet). Jewel Chadd Registered Professional Land Surveyor No. 5754 Jewel (d J ph Is. C k nil April 30, 2012 � | KIRK LANE � ~n� =~ | || � _ � � | � / | | —] � ~n� � ! [ � H E | c�| ( | ^ n " ~m~ [ � cmm,^vK�umuOA &wauxuu,aovLAOA U =~ | || � � � | � � ! [ � H E | c�| ( | ^ n " ~m~ [ � cmm,^vK�umuOA &wauxuu,aovLAOA U EXCERPT FROM THE MINUTES OF THE APRIL 19, 20'12 PLANNING AND ZONING COMMISSION MEETING FP 2012 -02 Consideration of a Final Plat to create Lot 5, Block 1, Taylor's Place Addition on property currently described as Tract 18B, Stephen Richardson Survey, Abstract No. 1266; located on 2.047 acres at 8800 Kirk Lane. Chairman Shiflet opened the Public Hearing for ZC 2012 -01 and also considering FP 2012 -02. Clayton Comstock came forward stating this is a request for zoning request and replat on Kirk Lane. It is a rural area of North Richland Hills with larger lots and other R -1 -S and R -2 properties surrounding this lot. The current zoning on the property is R -2 and the applicant is requesting R -1 -S to take advantage of some of the flexible accessory structure regulations. The zoning exhibit shows the setbacks and along with the final plat for Lot 5 Block 1 Taylor's Place. It was previously preliminarily platted as part of Taylor's Place but never went through the final plat when the west side was platted. They are dedicating the correct amount of right of way along Kirk Lane for this lot. Staff recommends approval of the zoning change and final plat. Don Bowen asked about the staff comments with an unauthorized pool house on the property and asked if this would be part of the recommendation of approval. Clayton Comstock said yes, the applicant is working with Dave Pendley, Building Official, at this time to obtain proper permitting and inspections. Dave Pendley said yes, there is a pool there built a number of years ago and ;permitted but the structure was not done at that time and is being corrected now. Michael Arthod, JPH Land Surveying, 807 Bluebonnet Court, Keller, TX came forwarding stating he is the surveyor on record and going through their due diligence to final plat this parcel. We have met all the staff comments and are requesting approval to allow the applicants to expand their home. Chairman Shiflet asked if anyone else wished to speak for or against, seeing none he closed the Public Hearing and entertained a motion APPROVED Kathy Luppy motioned to approve ZC 2012 -01 and FP 2012 -02, subject to appropriate permits, inspections and approval. The motion was seconded by Don Bowen and passed unanimously (5 -0). M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject: Agenda Item No. C.5 ZC 2012 -03 Public Hearing and Consideration of a Zoning Change from C -1 Commercial to R -1 Single Family Residential on property described as Lots 5 and 8, Block 2, Mollie B. Collins Addition; located at 7828 Odell Street and 8841 Smithfield Road - Ordinance No. 3197 Presenter: Clayton Comstock CASE SUMMARY: loan Grosu (applicant) and Phyllis Reaves (Broker), with permission from the property owner, are requesting approval of a zoning change from C -1 Commercial to R -1 Single Family for a 0.391 acre parcel located at the southwest corner of Smithfield Road and Odell Street. A replat request being presented with this case will create one single family lot out of two existing lots which were previously platted in 1953. This request is unusual in light of the existing zoning category and that which is being requested. Staff would not typically support the changing a parcel from a commercial district to a residential district. However, in this particular case, commercial zoning is inconsistent with the prevailing development and zoning pattern of Odell Street and residential zoning is appropriate. EXISTING SITE CONDITIONS: Both of the existing lots are undeveloped. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Low Density Residential" for this area. This change in zoning would be consistent with that category. THOROUGHFARE PLAN: The lot has frontage on both Smithfield Road and Odell Street. Smithfield is designated as a C4U, Major Collector and Odell Street is an R2U, Residential Street. E -41,11 N:T911i r' I Il I k [cll�ke] ►' I 1 [CIA WI1► I9lIb`j North: AG & R -31 Low Density Residential East: R -31 Low Density Residential South: C -21 Low Density Residential West: AG 1 Low Density Residential STAFF RECOMMENDATION: Approval of ZC 2012 -03. LOCATION MAP l 1 E li-L] AERIAL PHOTO PROPERTY OWNER NOTIFICATION Case Number: Applicant: Location: NOTICE OF PUBLIC HEADING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL ZC 2012- 03 loan Grosu & Phyllis Reaves, Broker /Owner 6841 Smithfield Read & 7832 Odell Street You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a request from loan Grosu and Phyllis Reaves, Broker/Owner for a zoning change from C -1 Commercial to R -1 Single Family located at 6841 Smithfield Road and 7832 Odell Street. Public Hearinq Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, APRIL 19, 2012 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, MAY 14, 2012 Both Meeting Times: 7:00 P.M. Bath Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7331 Northeast Loop 824 North Richland Hills, Texas 76186 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Charles H Etux Judy Leverton Stephen E Etux Angela Croft Delfino & Sandra Villalobos 7816 Odell St 7820 Odell St 7824 Odell St NIGH Tx 76182 -3960 NRH Tx 76182 -3960 NRH Tx 76182 -3960 Mary Ethel Rosenau Fincher 7617 Palomar Dr NRH Tx 76180-6839 Charles M Bunch 2116 Ridgecliff Dr Keller Tx 76248 -5604 Patricia Etvir Scott Geyer 7825 Odell St NRH Tx 76182 -3961 Ross Endquez 7817 Odell St NRH Tx 76182 -3961 Doyle W Etux Jackie Newbrough 7820 Daniel Dr Fort Worth Tx 76182 -3948 Current Owner 7832 Daniel Dr, N Richland Hills, Tx 76182 Jeff Etux Janice Benton 6908 Smithfield Rd Fort Worth Tx 76182 -3951 Judith C Skinner 6840 Smithfield Rd NRH Tx 76182 -3938 Juanita M Bilbruck 5800 Teague Rd Fort Worth Tx 76140 -8230 Janis L Rockhold 7824 Daniel Dr Fort Worth Tx 76182 -3948 Danna & Shawn tames Watson 6901 Smithfield Rd Fort: Worth Tx 76182 -3952 Natalie R Johnson 6904 Smithfield Rd Fort Worth Tx 76182 -3951 John Hall Evangelistic Asst PO Box 820344 Fort Worth Tx 76182 -0344 Billy M Etux Monica Stephens Rr 1 Box 8 Ryan Ok 73565 -9704 Jerry &'Susan Murray 13929 Castlegate Dr Frisco Tx 75035 -9266 William & Rebekah Schultheis 98 Bremen Dr Hurst Tx 76054 -2282 Theta Irene Welty Hall 6500 !Boulder Ct NRH Tx 76180 -7826 Earl D Elliott Jim R Vogelsberg 5512 Burleson Oaks Dr 7908 Mickey St Burleson Tx 76028 -1830 NRH Tx 76182 -3548 ORDINANCE NO. 3197 ZONING CASE ZC 2012 -03 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 0.391 ACRE TRACT OF PROPERTY FROM C -1 (COMMERICAL) TO R -1 (SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR (PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 2001 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 0.391 acre tract of land located in the Molly B. Collins Addition, City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit B from C -1 (Commercial) to R -1 (Single Family Residential) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. U Z I III 19Pvf*xelNBUIZ1453 PASSED AND APPROVED on this 14th day of May, 2012. la ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor 11 »:� +] ►J �I �1_[�� to �s7:� iii I_1'► I �l � xH�1 � � �'�I George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director EXHIBIT A Lots 5 and 6, Black 2, Mollie B. Collins Addition, an Addition to the City of Smithfield, now North Richland Hills, Tarrant County, Texas, according to the Plat recorded in Volume X, Rage 57, Plat Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows; BEGINNING at a 112 inch iron pin found at the northwest comer of said Lot 5 and in the south line of Odell Street; THENCE East, along the south line of Odell Street and along the north line of said Lot 5, at 60.00 feet the northeast corner of said Lot 5 and the northwest corner of said Lot 6, continuing, along the north line of said Lot 5, in all, a distance of 942.00 feet to a 112 inch iron pin found for corner at the northeast corner of said Lot 6, and in the existing west line of Smithfield Road; THENCE South, along the common line of said Lot 6 and the existing west line of said Smithfield Road, a distance of 120.00 feet to a 112 inch iron pin found for comer at the southeast corner of said Lot 6; THENCE West, along the south line of said Lot 6, at 82.00 feet the southwest corner of said Lot 6 and the southeast corner of said Lot 5, continuing along the south line of said Lot 5, in all, a distance of 142.00 feet to a 112 inch iron pin found for corner at the southwest corner of said Lot 5; THENCE North, along the west line of said Lot 5, a distance of 120.00 feet to the POINT OF BEGINNING and containing 17,040 square feet of land or 0.391 acre. EXHIBIT B ors -a kv 2oning Zoning zon 9 R -3 . �R -3 A Ticultur 'DIJELL STREET —_ l 4w b O'ApbW ry � ~•y } East at ��� 57s'6� � � 1 J�. t 7W 11110 ¢ Lot 3 Zoning Agriculture Wiz= V +1 Lae e BLOCK Ai r 1598 win red a.Sa7 Aaw Not U. '< 7.5' V^ Eaw p ew + -o' 74A' �J Want 14240' �7 LOT Zon ing S CE.- 7 G -1 I 20' i 1y s a a NOW slat a dnewwy wMp VW propertF wl a 01-W tr ekW saves ee t .M dt K ew wn awoey owte %au.ww eaoa std wd. wt b. *• bW ams both WO stress mu an,mrnna mood .f th. a . beaw ee ad. M?P TRfAPJ ,� H� en .. `� x e.aen arses �eva7 erv- rss -rr�a R ~ a w .... .... GHWckk fhvvlYr: TM1e ErMle a7 Abry c?gw' R++ao•as' Faran ++ Fid'ec+d4Y 0Cl!'. K fMa4eY fi., ma Exuex.tder 8733 bM R—h PW d N. V m4ft F 76182 e17- 929 -265r I Zoning R -3 d ww7~r Iab P 0. �R 2 Yda. & SaIPe AQat[n. m APaMn to "Lary b 9nrWnn6 rn sera.. ladra�d w�. rmmt emery rww �e m as A rwoud.d h .a Y. Fact m. wa n.err aeon amr�w rtsa aw w.a mer• .ersaaelr e+.wa.d Mr+wa. ero aaer. e. aa�dc _ � .�i�eri qn axna ati as sans rt pa tat a adP h Pa a?b: s a•et a•ea 4n. swat m• a awl wrw a.a a n ar eerP� Is>! e r gad we .! M(4 le.t tlw ertluat aYr�r d ead IcE D and tln ivlhewt emir A dd [M 0. eewn sees w �wrm a1r a ead tat 0. * .a a anew. m 1 tn-aa h ee m trt lien hr .h turd � soot vl tlr nerteesl. wins •} dd Ina 6 uxl iY•t 1ti w! IM N anMlleN Ihab. Tg1rLr a.ed asN 4u eenmrod ar d.01 L • aq 11r -bkN erl. M od' d.Nraeld 19mL a dYn,ee 1ftm sees 4 e 1l1 Mai. Yen pw ea.d b eawr a5 Mu wuNws! erns m dt Lot M awo+cr� lewt etme ar •wMi ar a •dla w a m m.w s.r +n..wnn..n eFmr d Bold ML a uid 1M rMMut ornr a rid Lv! S omlMq daq Pr eou/F She N eaN IM R h 0. dYkaw er 1e2W NH M e 1n han Yin Ph Rtard W miner' a 1ti TIaNIF w[eiR adPO VI. IIM! M Of nla Int & e anmp 4f i20.W iM! N N• P �R and mitoNe SFpie 4rY fr! N Surd t F aa ° �enwTM � �vau�is �Pl�iInt�ce dlr.®a.d q m w ZOMNC E MBIT LOT 5R, ELOCC 2, MOLLIE R. COLLINS ADDITION AN 40CYrASV rO 711£ r^1TY OF NORTfY R&>&AA+O kALS TARRANT COJNTT, MYAS 0.331 ACOFES WT OF ME 3 MMMAS SER Y, ARSARACT Aha 1040 BE NC A REW570Y 0 LOPS 5 AM0 6, 9LOCW Z MGUZ d COI(MWT APLL POP AS RECUWEA IN M A; P. 37, P. R. T C. T. �� 20U � LOT l21911'bV D&w.$w# 9, 2012 &�l.'L!�'•��lI�lril�drki r s �-75 8 . Una I i i SOT l lrt' � I 20' i 1y s a a NOW slat a dnewwy wMp VW propertF wl a 01-W tr ekW saves ee t .M dt K ew wn awoey owte %au.ww eaoa std wd. wt b. *• bW ams both WO stress mu an,mrnna mood .f th. a . beaw ee ad. M?P TRfAPJ ,� H� en .. `� x e.aen arses �eva7 erv- rss -rr�a R ~ a w .... .... GHWckk fhvvlYr: TM1e ErMle a7 Abry c?gw' R++ao•as' Faran ++ Fid'ec+d4Y 0Cl!'. K fMa4eY fi., ma Exuex.tder 8733 bM R—h PW d N. V m4ft F 76182 e17- 929 -265r I Zoning R -3 d ww7~r Iab P 0. �R 2 Yda. & SaIPe AQat[n. m APaMn to "Lary b 9nrWnn6 rn sera.. ladra�d w�. rmmt emery rww �e m as A rwoud.d h .a Y. Fact m. wa n.err aeon amr�w rtsa aw w.a mer• .ersaaelr e+.wa.d Mr+wa. ero aaer. e. aa�dc _ � .�i�eri qn axna ati as sans rt pa tat a adP h Pa a?b: s a•et a•ea 4n. swat m• a awl wrw a.a a n ar eerP� Is>! e r gad we .! M(4 le.t tlw ertluat aYr�r d ead IcE D and tln ivlhewt emir A dd [M 0. eewn sees w �wrm a1r a ead tat 0. * .a a anew. m 1 tn-aa h ee m trt lien hr .h turd � soot vl tlr nerteesl. wins •} dd Ina 6 uxl iY•t 1ti w! IM N anMlleN Ihab. Tg1rLr a.ed asN 4u eenmrod ar d.01 L • aq 11r -bkN erl. M od' d.Nraeld 19mL a dYn,ee 1ftm sees 4 e 1l1 Mai. Yen pw ea.d b eawr a5 Mu wuNws! erns m dt Lot M awo+cr� lewt etme ar •wMi ar a •dla w a m m.w s.r +n..wnn..n eFmr d Bold ML a uid 1M rMMut ornr a rid Lv! S omlMq daq Pr eou/F She N eaN IM R h 0. dYkaw er 1e2W NH M e 1n han Yin Ph Rtard W miner' a 1ti TIaNIF w[eiR adPO VI. IIM! M Of nla Int & e anmp 4f i20.W iM! N N• P �R and mitoNe SFpie 4rY fr! N Surd t F aa ° �enwTM � �vau�is �Pl�iInt�ce dlr.®a.d q m w ZOMNC E MBIT LOT 5R, ELOCC 2, MOLLIE R. COLLINS ADDITION AN 40CYrASV rO 711£ r^1TY OF NORTfY R&>&AA+O kALS TARRANT COJNTT, MYAS 0.331 ACOFES WT OF ME 3 MMMAS SER Y, ARSARACT Aha 1040 BE NC A REW570Y 0 LOPS 5 AM0 6, 9LOCW Z MGUZ d COI(MWT APLL POP AS RECUWEA IN M A; P. 37, P. R. T C. T. �� 20U � LOT l21911'bV D&w.$w# 9, 2012 &�l.'L!�'•��lI�lril�drki EXCERPT FROM THE MINUTES OF THE APRIL 19, 2012 PLANNING AND ZONING COMMISSION MEETING ZC 2012 -03 Public Hearing and Consideration of a Zoning Change from C -1 Commercial to R- 1 Single Family Residential on property described as Lots 5 and 6, Block 2, Mollie B. Collins Addition; located at 7828 Odell Street and 6841 Smithfield Road. Chairman Shiflet opened the Public Hearing and also considered RP 2012 -01. Chad VanSteenberg said the applicants, loan Crosu and Phyllis 'Reaves, Broker, with permission from the property owner, is requesting to replat and change the zone of 3.391 acres at the corner of Smithfield and Odell Street. The zoning change request is from the current C -1 Commercial to R -1 Single Family. The request from commercial to residential is unusual; however commercial zoning is consistent with the existing development along Smithfield Road which is primarily residential. The replat would create Lot 5R from Lots 5 and 6 of the Mollie B. Collins Addition. Sidewalks will be required on both Smithfield and Odell with construction of a home and a driveway will only be permitted on only the lesser of the two streets, which in this case is Odell Street. Additionally they are dedicating 1056 square feet of right of way along Smithfield with this plat. Staff recommends approval of the zoning change and replat. Phyllis Reeves, 4901 Boulder Road, NRH, came forward representing the buyer and the seller. It is an estate and she represents the family requesting the replat and zoning change. Chairman Shiflet asked if anyone else wished to speak for or against, seeing none he closed the Public Hearing and entertained a motion. APPROVED Mike Benton motioned to approve ZC 2012 -03, seconded by Steven Cooper. The motion passed unanimously (5 -0). M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject: Agenda Item No. C.6 RP 2012-01 Consideration of a Replat to create Lot 5R, Block 2, Mollie B. Collins Addition on property currently described as Lots 5 and 6, Block 2, Mollie B. Collins Addition; located on 0.391 acres at 7828 Udell Street and 6841 Smithfield Road (This item is not a public hearing but related to Item C.5) Presenter: Clayton Comstock CASE SUMMARY: loan Grosu (applicant) and Phyllis Reaves (Broker), with permission from the property owner, are requesting approval of a replat of 0.391 acres at the southwest corner of Smithfield Road and Udell Street. The replat would create a single lot, Lot 5R, from the existing Lots 5 and 6 in Block 2 of the Mollie B. Collins Addition. Mr. loan plans to build a home on this lot. CURRENT ZONING: A zoning change request from C -1 Commercial to R -1 Single Family is being presented along with this case. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Low Density Residential" for this area. This change in zoning would be consistent with that category. THOROUGHFARE PLAN: The lot has frontage on both Smithfield Road and Odell Street. Smithfield is designated as a C4U, Major Collector and Odell Street is an R2U, Residential Street. STAFF REVIEW: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The applicant has been notified that a driveway serving this property will be allowed on Odell Street as the minor street, and not directly onto Smithfield Road. Additionally, sidewalks will be required along both Odell and Smithfield with the construction of a home on the property. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission considered this item at their April 19, 2012 meeting and recommended approval 5 -0. STAFF RECOMMENDATION: Staff recommends approval of replat request RP 2012- 01. 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COLLINS ADDITION AN ADLYT)a4' TO THE CTY OF NORM RICYLAND MUS TARRANT COUNTY, TEXAS a39r ACR£S OUT a- PT t MCC WAS RIBA FY, A837RACT Na 1040 REN A REl457LW OF LO7S 5 AND Ca RLDtW 7 MXLIE 8 CMLWE ADD1770V AS REM WED W V. K P. 57. P,R. rr-T. MA 2012 f1 LOT PLA r' riLEO AS NYST NO. 8 - DA rE' -- NRH Case # RP 2012-01 9'Rd*diV su .om e. a a.Nara. 54s �a +l.sv,> ee�,m reties 817 -.Za6 -1148 OAhFR3 Elpq $6..110x' f,Y �r Ex.ttila: Da�Fu k. Fhd�er .6:. xv . E for 6733 Lillis Rdns» Rwd JW. Rk?,I —d f Ag Tx 76182 877- 929 -2857 REPLAT LOT 5R, BLOCK 2, MOLLIE B. COLLINS ADDITION AN ADLYT)a4' TO THE CTY OF NORM RICYLAND MUS TARRANT COUNTY, TEXAS a39r ACR£S OUT a- PT t MCC WAS RIBA FY, A837RACT Na 1040 REN A REl457LW OF LO7S 5 AND Ca RLDtW 7 MXLIE 8 CMLWE ADD1770V AS REM WED W V. K P. 57. P,R. rr-T. MA 2012 f1 LOT PLA r' riLEO AS NYST NO. 8 - DA rE' -- NRH Case # RP 2012-01 EXCERPT FROM THE MINUTES OF THE APRIL 19, 20'12 PLANNING AND ZONING COMMISSION MEETING 6. RP 2012 -01 Consideration of a Replat to create Lot 5R, Block 2, Mollie B. Collins Addition on property currently described as Lots 5 and 6, Block 2, Mollie B. Collins Addition; located on 0.391 acres at 7828 Odell Street and 6841 Smithfield Road. Chairman Shiflet opened the Public Hearing and also considered RP 2012 -01. Chad VanSteenberg said the applicants, loan Grosu and Phyllis Reaves, Broker, with permission from the property owner, is requesting to replat and change the zone of 3.391 acres at the corner of Smithfield and Odell Street. The zoning change request is from the current C -1 Commercial to R -1 Single Family. The request from commercial to residential is unusual; however commercial zoning is consistent with the existing development along Smithfield Road which is primarily residential. The replat would create Lot 5R from Lots 5 and 6 of the Mollie B. Collins Addition. Sidewalks will be required on both Smithfield and Odell with construction of a home and a driveway will only be permitted on only the lesser of the two streets, which in this case is Udell Street. Additionally they are dedicating 1056 square feet of right of way along Smithfield with this plat. Staff recommends approval of the zoning change and replat. Phyllis Reeves, 4901 Boulder Road, NRH, carne forward representing the buyer and the seller. It is an estate and she represents the family requesting the replat and zoning change. Chairman Shiflet asked if anyone else wished to speak for or against, seeing none he closed the Public Hearing and entertained a motion. APPROVED Mike Benton motioned to approve RP 2012 -01, seconded by Steven Cooper. The motion passed unanimously (5 -0). M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject: Agenda Item No. C.7 ZC 2012 -04 Public Hearing and Consideration of a request from B.H.L. Joint Venture for a Zoning Change from CA Commercial, 0-1 Office and R -2 Single Family Residential to U Institutional on approximately 12.929 acres in the 8200 Block of Davis Blvd. - Ordinance No. 3198 Presenter: Clayton Comstock CASE SUMMARY: B.H. & L. Joint Venture is requesting approval of a zoning change from R -2 Single Family, 0-1 Office and C -1 Commercial to U Institutional for a 12.929 - acre open space and trail access dedication as part of their Thornbridge West development plan. Nearly all of the acreage is located within the Little Bear Creek Corridor, which renders it undevelopable. Additionally, the City has had plans to connect a hike - and -bike trail through the Little Bear Creek Corridor, which this park dedication and zoning allows the City to do. A Replat dedicating the land as Public Park is also being considered by City Council (RP 2012 -03) in conjunction with this request. There are three agenda items that are all part of one development. This agenda item (ZC 2012 -04) and the next (ZC 2012 -05) are both zoning requests for the proposed development. The third agenda item is a residential replat (RP 2012 -03). Staff would recommend that the public hearing for all three agenda items be held simultaneously since there are some issues that are generally plat related but could have a significant impact on the property and how the property should be zoned. One such impact is related to how the traffic flows through the existing and proposed neighborhoods. The replat indicates that Timber would be a through street yet there are some residents concerned about traffic impacts. The Developer has discussed different options in how the Timber can be closed but no final resolution has been reached. PLAT STATUS: About half of this area is currently unplatted and described as Tract 7A2 of the Stephen Richardson Survey, Abstract No. 1266. The remaining half is portions of Lots 12 -16 of the Holder Smithfield Estates plat, a portion of Holder Smithfield Estates that was never developed. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Parks /Open Space" and "Single Family Residential" for this area. The proposed zoning is consistent with the Comprehensive Land Use Plan as well as the Parks and Open Space Master Plan, which calls for a full hike and bike trail in the Little Bear Creek Corridor. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission met on April 19, 2012 and voted 5 -0 to recommend approval of ZC 2012- 04. STAFF RECOMMENDATION: Approval of ZC 2012 -04 after the traffic circulation issue is resolved. LOCATION MAP U14 V F-11 00 Is] to] C PROPERTY OWNER NOTIFICATION H NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS a, r PLANNING AND ZONING COMMISSION ��t5 AND CITY COUNCIL Case #: ZC 2012 -04 & ZC 2012 -05 Applicant: B. H. L. Joint Venture Location: 8200 Block of Davis Blvd You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: ZC 2012 -04 - A Public Hearing is being held to Consider a request from B.H.L. Joint Venture for a zoning change from C -1 Commercial, 0-1 Office and R -2 Single Family Residential to U Institutional on approximately 12.106 acres in the 8200 Block of Davis Blvd. ZC 2012 -05 - A Public Hearing Is being held to Consider a request from B.H.L. Joint Venture for a zoning change from 0 -1 Office and R -3 Residential to R -2 Residential on approximately 1.857 acres in the 8200 Block of Davis Blvd. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, APRIL 19, 2012 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, MAY 14, 2012 Both Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICH'LAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland 'Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Johnson, Russell E 1St Tx Council Camp Fire Inc B H & L JV of Hurst 7301 Cottonwood Ct 2700 Meacham Blvd 700 W Harwood Rd Ste A North Richland Hills Tx 76182 -7824 Fart Worth Tx 76137 -4601 Hurst Tx 76054 -3357 Bolling, Clyde R 1 Country Place Dr Fort Worth Tx 76182 -8925 Gilliland, Johnny Etux Janice 2 Country Place Dr Fort Worth Tx 76182 -8924 Dncor Electric Delivery Co LLC State & Local Tax Dept Pa Box 219071 Dallas Tx 75221 -9071 Careathers, Kent 8200 Thornhill Dr North Richland Hills Tx 76182.8657 Elliott, Kelly Etux Marci 8628 Timber Dr Fort Worth Tx 76182 -8912 Shumate, Peggy P 8612 Timber Dr Fort Worth Tx 76182 -8912 Gavin & Grayson Family Trust PG Box 201085 Arlington Tx 76006 -1085 Woodson, Michai Etvir C 8617 Timber Dr North Richland Hills Tx 76182 -8914 Martin, Roger Etux Peggy 8629 Timber Dr N Richlnd His Tx 76182 -8914 Green, Aaron 'Y Etux: Jennifer E 8209 Thornhill Dr North Richland Hills Tx 76182 -8658 13okros, Les 8632 Timber Dr Fort Worth Tx 76182 -8912 Showalter, Judith Etvir M 8624 Timber Dr North Richland Hills Tx 76182 -8912 Howerton, Loren Tr Att Jahn Barfield Tr 700 W Harwood Rd Hurst Tx 76054 -3358 Hartman, Joyce Greer 8609 Timber Dr North Richland Hills Tx 76182 -8914 Gsburn, Eleanor 8621 Timber Dr Fort Worth Tx 76182 -8914 Smith, Marla K 8633 Timber Dr North Richland Hills Tx 76182 -8914 Cooper, Michael T Etux V 8205 Thornhill. Dr North Richland Hills Tx 76182 -8658 Elliott, Peggy A 8628 Timber Dr Fort Worth Tx 76182 -8912 J & J Nrh 100 Flp 700 W Harwood Rd Ste A Hurst Tx 76054 -3357 Caughey, Raymond M Etwx Marva 8620 Timber Dr North Richland Hills Tx 74182 -8912 Habaugh, Richard J Sr Gtux D PO Box 82241 North Richland Hills Tx 76182-2241 Harrod, Dave 8525 Timber Dr Fort Worth Tx 76182 -8914 McLain, Chester B Etux Tammy 8213 Thornhiil Dr North Richland Hills Tx 76182 -8658 Henry, David L 8201 Thornhill Dr N Richlnd His Tx 76182 -8658 Diaz, Kelli D Etvir Sergio D Current Owner Jurica, Tony Etux Emily 8208 Thornhill Dr 8212 Thornhill Dr 8204 Thornhill Dr N Richlnd His Tx 76182 -8657 N Richlnd His Tx 76] 82 -$657 N Richlnd His Tx 761824657 ORDINANCE NO. 3198 ZONING CASE ZC 2012 -04 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 12.929 ACRE TRACT OF PROPERTY FROM C -1 (COMMERICAL), 0-1 (OFFICE), AND R -2 (SINGLE FAMILY RESIDENTIAL) TO U (INSTITUTIONAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a 'hearing before the Planning and Zoning Commission was sent to real property owners within 2001 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 12.929 acre tract of land located in the Stephen Richardson Survey, Abstract No. 12061, City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit B from C -1 (Commercial), 0-1 (Office) and R -2 (Single (Family Residential) to U (Institutional) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. U ZI III 19Pvf*xelNBUIZ1453 PASSED AND APPROVED on this 14th day of May, 2012. CITY OF NORTH RICHLAND HILLS i Oscar Trevino, Mayor rr011*16 Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney 11 » : 1+]► 1= I l 7 _ [: f +hl e ] 2 111 =1 Z 16 John Pitstick, Planning & Development Director EXHIBIT A TRACT 1 BEING A TRACT OF LAND OUT OF THE STEPHEN RICHARDSON SURVEY, ABSTRACT NO. 1266, TARRANT COUNTY, TEXAS; SAID TRACT BEING A PORTION OF A TRACT OF.. LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 7840, PAGE 395, DEED RECORDS, TARRANT COUNTY, TEXAS, AND A PORTION OF LOTS 12 --17, HOLDER SMITHFIELD ESTATES, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY. TEXAS, ACCORDING TO PLAT RECORDED IN VOLUME 388 -34, PAGE 57, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A CAPPED IRON PIN FOUND FOR THE SOUTHEAST CORNER . OF TRACT BEING DESCRIBED, SAID POINT BEING THE NORTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 611 .0, PAGE 657, DEED RECORDS, TARRANT COUNTY, TEXAS, AND THE SOUTHWEST CORNER OF LOT 6, BLOCK 1, THORNBRIDGE SOUTH, AN ADDITION TO THE CITY OF NORTH RICHLAND }SILLS, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN CABINET A, SLIDE 5371, PUTT RECORDS, TARRAN1 COUNTY, TEXAS; THENCE NORTH 89 DEGREES 10 MINUTES 11 SECONDS WEST 815.30 F> ET ALONG THE NORTH LINE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 6110, PAGE 657; THENCE SOUTH 89 DEGREES 35 MINUTES 27 SECONDS WEST 369.00 FEET ALONG THE NORTH LINE OF SAID TRACT OF LAND AS . DESCRIBED IN DEED RECORDED IN VOLUME 51 10 PAGE 657 AND A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 14144, PAGE 216, DEED RECORDS, TARRANT. COUNTY, TEXAS, TO THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT 13EING THE SOUTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 4042, PAGE 84. DEED RECORDS, TARRANT COUNTY, TEXAS; THEMCt NORTH 01 DEGREES 20 MINUTES 38 SECONDS EAST 160.20 FEET ALONG 'THE EAST LINE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 4042, PAGE 84; THENCE NORTH 45 DEGREES 01 MINUTES 52 SECONDS WEST 294484 FEET AND CONTINUING ALONG THE NORTHERLY LINE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 4042, PAGE 84 TO THE EAST LINE OF LOT 1, BLACK 1, NORTHFIELD PARK, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS. ACCORDING TO PLAT RECORDED IN VOLUME . 388 -200. PAGE 87. PLAT RECORDS, TARRANT COUNTY, TEXAS FOR THE NORTHWEST CORNER OF SAID TRACT OF LAND AND DESCRIBED IN DEED RECORDED IN VOLUME 4042, PAGE 84; THENCE NORTH 00. DEGREES 10 MINUTES 27 SECONDS EAST 378.00 FEET ALONG THE EAST LINE OF SAID LOT 1, BLOCK 1, NORTHFIELD PARK TO THE SOUTHEASTERLY. R.O.W. LINE OF DAVIS BOULEVARD FOR THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 1, NORTHFIELD PARK; THENCE NORTH 45 DEGREES 19 MINUTES 40 SECONDS EAST 352,01 FEET ALONG SAID R.O.W•; THENCE. SOUTH 45 DEGREES 36 MINUTES 58 SECONDS EAST' 50.53 FEET; THENCE SOUTH 00 DEGREES 49 MINUTES 36 SECONDS WEST 301.48 FEET, THENCE SOUTH 08 DEGREES 38 MINUTES 20 SECONDS EAST 91.02 FEET; THEPICE SOUTH 89 DEGREES 10 MINUTES 24 SECONDS EAST 110.03 FEET` THENCE SOUTH 00 DEGREES 49 MINUTES 36 SECONDS WEST 61.36 TO THE BEGINNING OF A CURVE TO THE LEFT WITH A RADIUS OF 75.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT 117.81 FEET TO THE END OF SAID CURVE, WHOSE M-fORD SEARS .106,07 FEET SOUTH 44 DEGREES 10 MINUTES 24 SECONDS EAST; THENCE SOUTH 89 DEGREES 10 MINUTES 24 SECONDS EAST 229.89 FEET; THENCE SOUTH 00 DEGREES 49 MINUTES 36 SECONDS WEST 102.34 FEET; . THENCE SOUTH 67 DEGREES 18 MINUTES 35 SECONDS EAST 47.41 FEET; WENCE SOUTH 78 DEGREES 34 MINUTES 28 SECONDS EAST 128.66 FEET; THENCE SOUTH 61 DEGREES 24 MINUTES 54 SECONDS EAST 250.79 FEET; THENCE NORTH 65 DEGREES 15 MINUTES 44 SECONDS EAST 35,79 FEET TO A POINT LOCATED IN A NON - TANGENT CURVE TO THE LEFT WITH A RADIUS OF 58.00 'FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT 68.96 FEET TO THE END OF SAID CURVE, WHOSE CHORD BEARS 64.97 FEET SOUTH 58 DEGREES 48 MINUTES 04 SECONDS EAST, THENCE SOUTH 80 DEGREES 33 MINUTES 28 SECONDS FAST 204.73 FEET TO THE WEST LINE OF SAID BLOCK 1, THORNBRIDGE SOUTH; THENCE SOUTH 00 DEGREES 17 MINUTES 26 SECONDS EAST 115.70 FELT ALONG THE WEST UNE.OF SAID BLOCK 1, THORNBRIOGE SOUTH TO THE POINT OF BEGINNING AND CONTAINING 12.929 ACRES OF LAND, MORE OR LESS EXHIBIT B — 0 =4 = 6=rzzz! $.a& i' - rW i_ I' e M M ac ��E��ri,"' ±ill F v I L�PNf�'J1PO911gRiG �• -- r ,ar i b4a 'GPI'?A6h7 �p,"Ff►F ALT � a - y CVAMW �liyp ,2 13 't !4 t tt \ \ 4 •., ,� � � 511'` V'J T�, ] r:. Sim,. w4 r�Sawr rrtr�F �v " rrt '�� praorw@ra amfrmi: .: Y�_.•'l: l n .w a.. KfA1F tR 'Mist ZONL 11XHIP1 e,r�n SR't. - rte •. cs t olawr o F -g. [ -r AMP t j 'QU ESTING NS]`1TL@MNAL oaa rk,P 9 AC F rRACT F%l Ls a >�a .e 5T PRE"N RICHARDSON 3 LiRYBr,, ABS'TRAff NO. f Z9d e �s5 +5vm ,iw MY Or !COMA RKAal.AMP ATIU.4• fAMFA7tt d.MG.W". rM5 THORNBRIDGE WEST i� . EXCERPT FROM THE MINUTES OF THE APRIL 19, 20'12 PLANNING AND ZONING COMMISSION MEETING ZC 2012 -04 Public Hearing and Consideration of a request from B.H.L. Joint Venture for a Zoning Change from C -1 Commercial, 0-1 Office and R -2 Single Family Residential to U Institutional on approximately 12.106 acres in the 8200 Block of Davis 'Blvd. Chairman Shiflet opened the Public Hearing of ZC 2012 -04 and ZC 2012 -05. Clayton Comstock said the purpose of these two requests, 2012 -04 and 2012 -05, for the Thornbridge West development plan are zoning changes for the future development and platting. The zoning change from R -2 Single Family, 0-1 Office and C -1 Commercial to U Institutional for a 12.929 -acre park dedication as part of their Thornbridge West development plan. Nearly all of the acreage is located within the Bear Creek Corridor, which renders it undevelopable. Additionally, the City has had plans to connect a hike and bit trail through the Bear Creek Corridor, which this park dedication and zoning allows the City to do. A Final Plat dedicating the land as Public Park will follow shortly after the zoning change. Staff recommends approval of this zoning change. Mr. Comstock said the zoning change from R -3 Single Family and 0-1 Office to R -2 Single Family on three separate tracts totaling 1.857 acres. The applicant was previously granted R -2 zoning approval to develop the Thornbridge West residential subdivision. Since receiving that approval, the applicant has revised the boundaries of their development plan. These three slivers of land are additions to the area developed for Thombridge West. The northernmost 1.541 acres is currently zoned R -3. The R -2 zoning would be consistent with the rest of the Thornbridge West development. The southernmost pieces 0.137 acre and 0.179 acre are currently zoned 0 -1 and were previously planned as part of the applicant's park dedication. The application as adjusted their boundary of the park dedication, thus requiring the zoning approval for residential use. The applicant will be following the zoning request with a Final 1Replat for 36 residential lots, two small common area lots (for emergency access and entry features) and a 12.205 acre Public Park dedication on a total of 25 acres. Staff recommends approval of this zoning change. Don Bowen asked if the portion marked Institutional will be deeded to the City and included as Public Park Land. Clayton Comstock said yes, it will be a dedicated Public Park and completed on the Final Plat. It will also include a trail connection which will be a great addition to the City's trail system. Dustin Austin, 6505 Rock Springs Drive, N RH came forward acting as the developer and partner for the zoning requests and additions. Chairman Shiflet asked if anyone wished to speak for or against the zoning changes. Seeing none he closed the Public Hearing and entertained a motion. APPROVED Don 'Bowen motioned to approve ZD 2012 -04. The motion was seconded by Mike Benton and passed unanimously (5 -0). M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject: Agenda Item No. C.8 ZC 2012 -05 Public Hearing and Consideration of a request from B.H.L. Joint Venture for a Zoning Change from 0-1 Office and R -3 Residential to R -2 Residential on approximately 1.857 acres in the 8200 Block of Davis Blvd. - Ordinance No. 3199 Presenter: Clayton Comstock CASE SUMMARY: B.H. & L. Joint Venture is requesting approval of a zoning change from R -3 Single Family and 0-1 Office to R -2 Single Family on three separate tracts totaling 1.857 acres. The applicant/owner was previously granted R -2 zoning approval to develop the Thornbridge West residential subdivision. Since receiving that approval, the applicant has revised the boundaries of their development plan. These three "slivers" of land are additions to the area developed for Thornbridge West. The northernmost 1.541 acres is currently zoned R -3. The R -2 zoning would be consistent with the rest of the Thornbridge West development. The southernmost pieces -0.137 acre and 0.179 acre —are currently zoned 0-1 and were previously planned as part of the applicant's park dedication. The applicant has adjusted their boundary of the park dedication, thus requiring the zoning approval for residential use. There are three agenda items that are all part of one development. This agenda item (ZC 2012 -05) and the previous (ZC 2012 -04) are both zoning requests for the proposed development. The third agenda item is a residential replat (RP 2012 -03). Staff would recommend that the public hearing for all three agenda items be help simultaneously since there are some issues that are generally plat related but could have a significant impact on the property and how the property should be zoned. One such impact is related to how the traffic flows through the existing and proposed neighborhoods. The replat indicates that Timber would be a through street yet there are some residents concerned about traffic impacts. The Developer has discussed different options in how the Timber can be closed but no final resolution has been reached. PLAT STATUS: The 1.541 acre R -3 piece of this request is currently platted under the Holder Smithfield subdivision, as are both the 0-1 "slivers." COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Single Family Residential" for this area. The proposed zoning is consistent with the Comprehensive Land Use Plan. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission met on Thursday, April 19, 2012 and voted 5 -0 to recommend approval of ZC 2012 -05. STAFF RECOMMENDATION: Approval of ZC 2012 -05 after the traffic circulation issues are resolved. LOCATION MAP �a.�- � �.. r„ �E -tea �� �a���� and R -3 Residential to R -2 Resident ai f:1:4V1:111110,191to] PROPERTY OWNER NOTIFICATION H NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS a, r PLANNING AND ZONING COMMISSION ��t5 AND CITY COUNCIL Case #: ZC 2012 -04 & ZC 2012 -05 Applicant: B. H. L. Joint Venture Location: 8200 Block of Davis Blvd You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: ZC 2012 -04 - A Public Hearing is being held to Consider a request from B.H.L. Joint Venture for a zoning change from C -1 Commercial, 0-1 Office and R -2 Single Family Residential to U Institutional on approximately 12.106 acres in the 8200 Block of Davis Blvd. ZC 2012 -05 - A Public Hearing Is being held to Consider a request from B.H.L. Joint Venture for a zoning change from 0 -1 Office and R -3 Residential to R -2 Residential on approximately 1.857 acres in the 8200 Block of Davis Blvd. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, APRIL 19, 2012 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, MAY 14, 2012 Both Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICH'LAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland 'Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Johnson, Russell E 1St Tx Council Camp Fire Inc B H & L JV of Hurst 7301 Cottonwood Ct 2700 Meacham Blvd 700 W Harwood Rd Ste A North Richland Hills Tx 76182 -7824 Fart Worth Tx 76137 -4601 Hurst Tx 76054 -3357 Bolling, Clyde R 1 Country Place Dr Fort Worth Tx 76182 -8925 Gilliland, Johnny Etux Janice 2 Country Place Dr Fort Worth Tx 76182 -8924 Dncor Electric Delivery Co LLC State & Local Tax Dept Pa Box 219071 Dallas Tx 75221 -9071 Careathers, Kent 8200 Thornhill Dr North Richland Hills Tx 76182.8657 Elliott, Kelly Etux Marci 8628 Timber Dr Fort Worth Tx 76182 -8912 Shumate, Peggy P 8612 Timber Dr Fort Worth Tx 76182 -8912 Gavin & Grayson Family Trust PG Box 201085 Arlington Tx 76006 -1085 Woodson, Michai Etvir C 8617 Timber Dr North Richland Hills Tx 76182 -8914 Martin, Roger Etux Peggy 8629 Timber Dr N Richlnd His Tx 76182 -8914 Green, Aaron 'Y Etux: Jennifer E 8209 Thornhill Dr North Richland Hills Tx 76182 -8658 13okros, Les 8632 Timber Dr Fort Worth Tx 76182 -8912 Showalter, Judith Etvir M 8624 Timber Dr North Richland Hills Tx 76182 -8912 Howerton, Loren Tr Att Jahn Barfield Tr 700 W Harwood Rd Hurst Tx 76054 -3358 Hartman, Joyce Greer 8609 Timber Dr North Richland Hills Tx 76182 -8914 Gsburn, Eleanor 8621 Timber Dr Fort Worth Tx 76182 -8914 Smith, Marla K 8633 Timber Dr North Richland Hills Tx 76182 -8914 Cooper, Michael T Etux V 8205 Thornhill. Dr North Richland Hills Tx 76182 -8658 Elliott, Peggy A 8628 Timber Dr Fort Worth Tx 76182 -8912 J & J Nrh 100 Flp 700 W Harwood Rd Ste A Hurst Tx 76054 -3357 Caughey, Raymond M Etwx Marva 8620 Timber Dr North Richland Hills Tx 74182 -8912 Habaugh, Richard J Sr Gtux D PO Box 82241 North Richland Hills Tx 76182-2241 Harrod, Dave 8525 Timber Dr Fort Worth Tx 76182 -8914 McLain, Chester B Etux Tammy 8213 Thornhiil Dr North Richland Hills Tx 76182 -8658 Henry, David L 8201 Thornhill Dr N Richlnd His Tx 76182 -8658 Diaz, Kelli D Etvir Sergio D Current Owner Jurica, Tony Etux Emily 8208 Thornhill Dr 8212 Thornhill Dr 8204 Thornhill Dr N Richlnd His Tx 76182 -8657 N Richlnd His Tx 76] 82 -$657 N Richlnd His Tx 761824657 ORDINANCE NO. 3199 ZONING CASE ZC 2012 -05 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING THREE TRACTS TOTALLING 1.857 ACRES OF PROPERTY FROM 0-1 (OFFICE) AND R- 3 (SINGLE FAMILY RESIDENTIAL) TO R -2 (SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 2001 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning three tracts totaling 1.857 acres of land located in the Stephen Richardson Survey, Abstract No. 1288, City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit B from 0-1 (Office) and R -3 (Single Family Residential) to R -2 (Single Family Residential) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. 1:1►IIl19 1 1 & N17- 1I`rI413 PASSED AND APPROVED on this 14th day of May, 2012. la ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor 1�1 :ZG] ►1=112 -114 1101 to] N k ►,11,1:1 III 1 *11111 Wis George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director EXHIBIT A "TRACT I BEING A TRACT OF LAND OUT OF THE STEPHEN RICHARDSON SURVEY, ABSTRACT NO. 266, TARRANT COUNTY, TEAS, AND BEING THE SAME TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN COUNTY CLERKS NO. 0211205906, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHWEST CORNER OF TRACT C. HOLDER SMITHFIELD ESTATES, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS. ACCORDING TO PLAT RECORDED IN VOLUME 388 -34, PAGE 57, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS; THENCE. NORTH 00 DEGREES 40 MINUTES 47 SECONDS EAST 73.06 FEET; THENCE NORTH 61. DEGREES 31 MINUTES 04 SECONDS WEST 173.18 FEET TO THE SOUTHEASTERLY R.G.W. LINE OF DAVIS BOULEVARD; THENCE NORTH 45 DEGREES 19 MINUTES 40 SECONDS EAST 121.r,,5 FEET ALONG SAID R.O.W. TO THE SOUTHEAST INTERSECTION OF DAVIS BOULEVARD AND TIMBER DRIVE; THENCE SOUTH 60 DEGREES 21 MINUTES 51 SECONDS EAST 291.01 FEET; , THENCE SOUTH 00 DEGREES 51 MINUTES 23 SECONDS WEST 225.89 FEET TO THE NORTH LINE OF SAID TRACT C, HOLDER SMITHFIELD ESTATES; THENCE NORTH 89 DEGREES 11 MINUTES 22 SECONDS WEST 222,22 FEET ALONG THE NORTH LINE OF SAID TRACT C HOLDER SMITHFIELD TO THE POINT OF BEGINNING AND CONTAINING 1.541 ACRES OF LAND, MORE OR LESS TRACT II BEING A TRACT OF LAND OUT OF THE STEPHEN RICHARDSCN SURVEY, ABSTRACT NO. 1258, TARRANT :COUNTY, TEXAS, AND BEING A PORTION OF LOT 15 AND. 16, HOLDER SMITHFIELD ESTATES, AN ADDITION TO THE CITY OF NORTH RICHLAND BILLS, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN VOLUME 38$ --34, PAGE 57, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT BEING DESCRIBE[), SAID POINT BEING LOCATED 454.75 FEET. NORTH 60 DEGREES 21 MINUTES 06 SECONDS WEST FROM THE SOUTHWEST CORNER OF LOT 6, BLOCK THORNBRIDGE SOUTH, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN CABINET A. SLIDE 5371, PLAT RECORDS, TARRANT COUNTY„ TEXAS: THENCE NORTH 61 DEGREES 24 MINUTES 54 SECONDS WEST 131.69 FEET; THENCE NORTH 78 DEGREES 34 MINUTES 28 SECONDS WEST 119.50 FEET; THENCE SOUTH 89 DEGREES 10 MINUTES 24 SECONDS EAST 234.00 FEET, THENCE SOUTH 00 DEGREES 49 MINUTES 36 SECONDS WEST 83.32 FEET TO THE POINT OF BEGINNING AND CONTAINING 0,179 ACRES OF LAND. MORE OR LESS TRACT III BEING A TRACT OF LAND OUT OF THE STEPHEN .RICHARDSON SURVEY, ABSTRACT NO. 1255, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF LOT 16 AND 17, HOLDER SMITHFIELD ESTATES, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN VOLUME 388 -34, PAGE 57, PLAT RECORDS. TARRANT COUNTY, TEXAS; BEGINNING AT THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED, SAID -POINT BEING LOCATED 4505 FEET NORTH 60 DEGREES 21 MINUTES 06 SECONDS WEST, 131.69 FEET NORTH 61 DEGREES 24 MINUTES 54 SECONDS WEST AND .119.50 FEET NORTH 78 DEGREES 34 MINUTES 28 SECONDS WEST FROM THE SOUTHWEST CORNER OF LOT 6, BLOCK 1, THORNBRIDGE SOUTH, AN ADDITION TO THE CITY OF NORTH RICHLAND FALLS, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN CABINET A. SLIDE 5371, PLAT RECORDS; TARRANT COUNTY, TEXAS; THENCE NORTH 78 DEGREES 34 MINUTES 28 SECONDS WEST 9.16 FEET; . THENCE NORTH 67 DEGREES 18 MINUTES 35 SECONDS WEST 47.41 FEET, THENCE NORTH 00 DEGREES 49 MINUTES 36 SECONDS EAST 102.34 FEET; THENCE SOUTH 89 DEGREES 10 MINUTES 24 SECONDS EAST 53.00 FEET: THENCE SOUTH 00 DEGREES 49 MINUTES 36 SECONDS WEST 1.21.58 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.137 ACRES OF LAND, MORE OR LESS EXHIBIT B I rw1° �i .ataPr uey Y 1334 aw .av � ry�9 utrk r wi'rws i�a f p ek• =r. Ppa+l t � V wsr r =. - 1 .1 Cain° srR�G ANN A _ •. .^�.N3 r� an. m r w !! '9.�!' 0 z "Tr CIP111Rlb19'" IIANtvAC �-r ` may, �'' / • '� °` 8 _ +�� Cl� ti�lfMC �i J ` .� � ,r° li — w y � � A 1P1111!'�' ;,34e ACRE MACT ruw" o- r 0,137 A T12A UT Am 0.179 ACRR TRACT 67 w '"I SFA FHA`S 141CRARDSON SURMY° ADSTRU T ,Y4 1261 CO" av wd"O 1<r1'H"NiS arcs. r rARANr MC%Tr. T"sz T'Hd1li:' BRIDGE W'EN'T EXCERPT FROM THE MINUTES OF THE APRIL 19, 2012 PLANNING AND ZONING COMMISSION MEETING ZC 2012 -05 Public Hearing and Consideration of a request from B.H.L. Joint Venture for a Zoning Change from 0-1 Office and R -3 Residential to R -2 Residential on approximately 1.857 acres in the 8200 Bloch of Davis Blvd. Chairman Shiflet opened the Public Hearing of ZC 2012 -04 and ZC 2012 -05. Clayton Comstock said the purpose of these two requests, 2012 -04 and 2012 -05, for the Thornbridge West development plan are zoning changes for the future development and platting. The zoning change from R -2 Single Family,) -1 Office and C -1 Commercial to U Institutional for a 12.929 -acre park dedication as part of their Thornbridge West development plan. Nearly all of the acreage is located within the Bear Creek Corridor, which renders it undevelopable. Additionally, the City has had plans to connect a hike and bit trail through the Bear Creek Corridor, which this park dedication and zoning allows the City to do. A Final Plat dedicating the land as Public Park will follow shortly after the zoning change. Staff recommends approval of this zoning change. Mr. Comstock said the zoning change from R -3 Single Family and) -1 Office to R -2 Single Family on three separate tracts totaling 1.857 acres. The applicant was previously granted R -2 zoning approval to develop the Thornbridge West residential subdivision. Since receiving that approval, the applicant has revised the boundaries of their development plan. These three slivers of land are additions to the area developed for Thornbridge West. The northernmost 1.541 acres is currently zoned R -3. The R -2 zoning would be consistent with the rest of the Thornbridge West development. The southernmost pieces 0.137 acre and 0.179 acre are currently zoned 0 -1 and were previously planned as part of the applicant's park dedication. The application as adjusted their boundary of the park dedication, thus requiring the zoning approval for residential use. The applicant will be following the zoning request with a Final IReplat for 30 residential lots, two small common area lots (for emergency access and entry features) and a 12.205 acre Public Park dedication on a total of 25 acres. Staff recommends approval of this zoning change. Don Bowen asked if the portion marked Institutional will be deeded to the City and included as Public Park Land. Clayton Comstock said yes, it will be a dedicated iPublic Park and completed on the Final Plat. It will also include a trail connection which will be a great addition to the City's trial system. Dustin Austin, 0505 Rock Springs Drive, NRH came forward acting as the developer and partner for the zoning requests and additions. Chairman Shiflet asked if anyone wished to speak for or against the zoning changes. Seeing none he closed the Public Hearing and entertained a motion. Steven Cooper motioned to approve ZC 2012 -05. The motion was seconded by Don Bowen and passed unanimously (5 -0). M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject: Agenda Item No. C.9 RP 2012 -03 Public Hearing and Consideration of a request from B.H.L. Joint Venture for a Replat to create Thornbridge West Addition, being a revision of a portion of Holder Smithfield Estates and a tract of land out of the Stephen Richardson Survey, Abstract No. 1266, containing 24.964 acres in the 8200 Block of Davis Blvd. Presenter: Clayton Comstock CASE SUMMARY: B.H. & L. Joint Venture is requesting a replat of 24.964 acres at Timber Drive and Davis Blvd for the development of Thornbridge West, a 36 lot R -2 single family residential subdivision. Half the acreage (12.205 acres) is Lot 8, Block 1, which is mostly within the Little Bear Creek Corridor and will be dedicated to the City for public use. There are three agenda items that are all part of one development. This agenda item RP 2012 -03 and two zoning requests (ZC 2012 -04 and ZC 2012 -05). Staff would recommend that the public hearing for all three agenda items be help simultaneously since there are some issues that are generally plat related but could have a significant impact on the property and how the property should be zoned. One such impact is related to how the traffic flows through the existing and proposed neighborhoods. The replat indicates that Timber would be a through street yet there are some residents concerned about traffic impacts. The Developer has discussed different options in how the Timber can be closed but no final resolution has been reached. BACKGROUND: The R -2 zoning for Thornbridge West was originally approved in late 2006 (ZC 2006 -03), along with a Preliminary Plat for 34 lots (PP 2006 -01). After additional land acquisition and discussions with TxDOT, the development was modified to allow primary access off of Timber Drive approximately 110 feet east of Davis Blvd. A 35 foot emergency vehicle access and utility easement is being platted along Davis Boulevard, approximately 250 feet south of the Timber Drive intersection. This will be gated and serve as a secondary emergency -only ingress /egress. To accommodate these modifications, additional area is currently being considered by City Council for R -2 rezoning (ZC 2012 -05), and the area within the Little Bear Creek Corridor is proposed for "U" Institutional zoning (ZC 2012 -04). Both zoning requests were recommended for approval by the Planning & Zoning Commission on April 19, 2012. CURRENT ZONING: The existing C -1 Commercial, 0-1 Office, R -2 and R -3 Single Family Residential is being considered by City Council on May 14, 2012 to be revised to all R -2 Single Family for the residential component of the development and U Institutional for the public use dedication component. THOROUGHFARE PLAN: The lots will have access to the existing Timber Drive, an unimproved R2U Residential Street via the proposed Clear Spring Drive, an R2U Residential Street. Emergency access will also be provided directly to Davis Blvd via a gated 35' emergency access easement. COMPREHENSIVE PLAN: The Comprehensive Plan depicts Low Density Residential uses for this area. STAFF REVIEW/ROUGH PROPORTIONALITY DETERMINATION: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The public improvements necessary for the Subdivision include the installation of a water, sewer, drainage, and street improvements. Therefore, the developer will be required to assume 100% of the amount required for such public infrastructure improvements which are indicated on the final approved construction plans for the subdivision. PUBLIC INPUT: When this development was originally discussed in 2006, many adjacent residents had questions and concerns about this development's connection to Timber Drive, a borrow- ditch asphalt street with approximately 18 feet of pavement. Several residents from Timber were present at the Planning Commission meeting on May 3, 2012 in opposition of Timber being opened to the south. The residents support the subdivision but only if Timber Drive is closed at its current southern limits. Unfortunately the request being made by the residents is not a request that can be granted by the city. Since the plat as submitted meets all of the city's subdivision regulations Timber being closed or remaining open is not a reason to deny or approve the replat. In order for the street to be closed and comply with the city's design standards the follow conditions would need to take place. The Developer would need to agree to allow Timber to be closed and it would need to be in accordance with the city's design standards. If the closure is to be handled by a cul -de -sac at the end of Timber then the Developer would need to agree to place the cul -de -sac on a portion of the subdivision that is currently shown as a platted lot. In other words the Developer must agree to lose the lot in order to make room for the cul- de -sac. Then the cul -de -sac would need to be constructed to the city's standards. If the Timber closure is to be handled by a gate, then a turnaround will need to be constructed at the end of Timber to provide a way for emergency vehicles and solid waste trucks to turn around. The turnaround could be a "hammer head" type turn around but this design would require an access easement from the adjacent property owner so that a portion of the hammer head could be constructed on private property. The access easement is required so that the public would have rights to that portion of the driveway to allow the emergency vehicles and solid waste trucks to turn around. The Developer would need to agree to construct the hammer head in accordance to city standards. If this option is selected Staff would prefer a gate with an opticom sensor so that emergency vehicles may access the gate if necessary but the Developer would need to agree to install and maintain the gate. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission met on Thursday, May 3, 2012 and voted 5 -0 to recommend approval of RP 2012 -03 with the stipulation that Timber be closed with an appropriate cul -de -sac or other appropriate turn- around as approved by staff. STAFF RECOMMENDATION: Because the replat meets all City requirements and regulations, staff recommends approval of the replat request RP 2012 -03 with full access to the existing Timber Drive. Staff acknowledges that allowing Timber to remain open will bring a few additional cars down Timber but not many more than what has always been planned. The current plat today (see Replat Exhibit) has the Timber right - of -way extended between 400 to 500 feet past where the asphalt pavement ends today. In addition there are 12 additional lots platted adjacent to the Timber right -of -way. This indicates that the plat all along has been to have an additional 12 lots using Timber as the primary access. Based on the replat being considered it looks like because of the proximity of the new lots near Timber there would be about 16 or 17 lots that would choose Timber as their primary access but most of the new lots will choose Clear Spring Drive and Sandy Drive. Staff also likes the connection because it connects all streets to the Little Bear Creek trail and does not create new situations where we have public streets that are gated off from other public streets. Alternatives to Staffs recommendations were discussed above under the Public Input section and as mentioned they would require the Developer to make the requested change to Council and depending on the option it could require one or more of the existing residents to dedicate an access easement on a portion of their driveway. I Z 0 O � NIl i N T LU Q PROPERTY OWNER NOTIFICATION >a >UPDATED<<< NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS ` PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case #: RP 2012- 03 Applicant: B. H. L. Joint Venture Location: 8200 Block of Davis Blvd You are receiving this notice because you are a property owner of record in the original subdivision within 200 feet of the property shown on the attached map, THIS UPDATED NOTICE AFFECTS ONLY THE PUBLIC HEARING FOR THE REPLAT, THE TWO ZONING 'CHAGES ARE STILL ON THE APRIL 19, 2012 PLANNING AND ZONING AGENDA. Purpose of Public Hearina: A Public Hearing is being held to Consider a request from B. H. L. Joint Venture for a Replat to create Thornbridge West, being a revision of a portion of Holder Smithfield Estates and a tract of land out of the Stephen Richardson Survey, Abstract No. 1266; located on 24.964 acres in the 8200 Block of Davis Blvd, Public Hearina Schedule: Public Hearing Gates: PLANNING AND ZONING COMMISSION THURSDAY, MAY 3, 2012 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, MAY 14, 2012 Botts Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820, NORTH RICHLAND: HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hulls 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -8300 Fax(817)427-6303 I &I IKO7 a `► 1* 1111214 11;1:1 *7» A W&GIVA 21 =1 zR Elliott, Kelly Etux Marci 8628 Timber Dr Fort Worth Tx 76182 -8912 Bokros, Les 8632 Timber Dr Fort Worth Tx 76182 -8912 Elliott, Peggy A 8628 Timber Dr Fort Worth Tx 76182 -8912 Shumate, Peggy P 8612 Timber Dr Fort Worth Tx 76182 -8912 Gavin & Grayson Family Trust PO Box 241085 Arlington Tx 76006 -1085 Woodson, Michai Etvir C 8617 Timber Dr North Richland Hills Tx 76182 -8914 Martin, Roger Etux Peggy 8629 Timber Dr N Rtchlnd HIs Tx 76182 -8914 Showalter, Judith Etvir M 8624 Timber Dr North Richland Hills Tx 76182 -8912 Floiverton. Laren Tr Att John Barfield Tr 700 W Harwood Rd Hurst Tx 76054 -3358 Hartman, Joyce Greer 8609 Timber Dr North Richland Hills Tx 76182 -8914 Osburn, Eleanor 8621 Timber Dr Fort Worth Tx 76182 -8914 J & J Nrh 100 F'lp 740 W Harwood Rd Ste A Hurst Tx 76054 -3357 Caughey, Raymond M Etux. Marva 8620 Timber Dr North Richland Hills Tx 76182 -8912 Hobaugh, Richard J Sr Etux D PO Box 822241 North Richland Hills Tx 761.82 -2241 Harrod, Dave 8625 Timber Dr Fort Worth Tx 76182 -8914 Smith, Marla K 8633 Timber Dr North Richland Hills Tx 76182.8914 REPLAT EXHIBIT -.rj LLF - v7E- - - a goo' c C-14 4 =uP. I —1 Ni 111 M Oa V N.& y e ll. sevo 2r,7?4 e ccmenbmn aka /� p' �� � I I mro — L R ZE L L X- 8 too, kno M, q .1 U—*.v lzio M T, to 11 MU TK j 0 )"o VFZ W U091 V fit z L ME v awns IE" I = 11, 31-1-2i A Ml 'sir ��'� � r�,� ..� r� ,�. M UPEN A 1. wM2 mg a — M eemd or % FR OL PLAT U THORNBRIDGE WFST Fun. K I-- 1-7 EXCERPT FROM THE MINUTES OF THE MAY 3, 2012 PLANNING AND ZONING COMMISSION MEETING 4. RP 201203 Public Hearing and Consideration of a request from B.H.L. Joint Venture for a Replat to create Thornbridge West Addition, being a revision of a portion of Holder Smithfield Estates and a tract of land out of the Stephen Richardson Survey, Abstract No. 1266, containing 24.964 acres in the 8200 Block of Davis Blvd. Clayton Comstock came forward stating B.H. & L. Joint Venture is requesting a replat of 24.964 acres at Timber Drive and Davis Boulevard for the development of Thornbridge West, a 36 lot R -2 zoned single family residential subdivision. Half of the acreage (12.205) is Lot 8, Block 1, which is mostly within the Little Bear Creek Corridor and will be dedicated to the City as public park. The site data for the development is 24.964 acres, 36 residential lots, which equates to 1.44 dwelling units per acre density. The zoning is R -2, but as you recall at the last P &Z meeting there were some zoning change requests to R -2 and U — Institutional which are going before the City Council on May 14, 2012. There are portions of this property that are still zoned 0-1, C -1 and R -2, R -3, but the proposed zoning will be R -2 and U- Institutional. The open space is about 12.2 acres, which is about 49% of the entire development. There is a public park that will be dedicated for trails and use of the Little Bear Creek Corridor. Once the 12 acres of park area is removed from the calculation, then the net density is about 2.82 dwelling units per acre for the developable land. This subdivision is consistent with the R -2 zoning and the preliminary plat that was previously approved in 2006 and Staff recommends approval. Chairman Shiflet asked if Timber Drive was currently unimproved. Clayton Comstock said yes, there is about 18 feet of asphalt pavement that is borrow- ditch on either side. Chairman Shiflet asked what is the applicant being required to do on Timber Drive? Clayton Comstock said on the portions of Timber Drive that are abutting their development, they will be improving. Along Sandy Drive on the north side, they will be required to improve that small section of Timber Drive. They will also be installing the terminus of Timber Drive on the south side where it intersects with Clear Spring Drive. Chairman Shiflet asked if the rough proportionality be resolved with these improvements. Caroline Waggoner said they will be reconstructing half of Timber Drive where it meets Davis Boulevard, not a full width reconstruct. Because of the number of homes they will be installing and the amount of infrastructure in consideration of the homes and street, the rough proportionality they are responsible for is just the entire roadway they need for their subdivision. We cannot make them reconstruct Timber Drive as it is beyond their proportionate share. Bill Schopper said since it is abutting residential will there be rear wood fences for the separation? Clayton Comstock said there is no requirement for fences in the R -2 zoning but the applicant will address what type of development fences they will have. Dustin Austin, 6505 Rock Springs, NRH, came forward as the applicant. He said we are proposing on the south that backs up the park to install rod iron. Adjacent around the surrounding houses on Timber Drive, we would be considering a 6 or 8 foot spruce fence. It has not been determined but we are open at this point. Chairman Shiflet opened the Public Hearing and asked anyone wishing to speak to come forward. Kelly Elliott, 8628 Timber Drive, came forward stating safety concerns because there are no plans to prohibit traffic from moving up and down this 18 foot wide street. He feels it is a tremendous safety concern for all the residents on Timber. He questions why we would do a development and tie that in, but not make it like the rest of the streets. It seems inconsistent with proper development. He asked why a development couldn't be done that maintained Timber Drive as a cul -de -sac given that it was 18 foot wide. He asked what the function of making it a through street and why it is a requirement. Roger Martin, 8629 Timber Drive, came forward stating they are residents of 40 years. This street has always remained an unimproved street. Because it varies from 16 -18 feet in width, you really can't pass two cars safely side by side. We saw this during the construction of the pipeline construction. Many of the garbage, buses and other utility trucks have problems corning up and down the street with traffic. At the curve we always have to be careful to not hit each other. We would like to see Timber Drive remain a cul -de -sac to avoid further safety concerns. Chairman Shiflet asked for clarification if 250 foot to the full width of the street as opposed to the 16 or 18 foot. Caroline Waggoner said it will not be improved to the full width; we are not going a full 30 foot wide. They are constructing half of the street so I believe they are putting 15 foot of new pavement to complete the southern half of Timber. We will have at least 24 feet at Timber where it meets Davis. Most of our unimproved streets are roughly 18 feet: Shady Grove, Eden, Clay Hibbins, and Meadow just to name a few. Clay Woodson, 8617 Timber Drive, came forward saying the whole reason he moved here 7 years ago because it was a dead end street. I am a coach and have children at my house often who run up and down the street often and I have safety concerns and asked for the cul -de -sac to remain. Raymond Caughey, 8620 Timber Drive, came forward stating he and his wife have lived there for over 21 years and chose this location because it was a dead end cul -de -sac. He has concerns of safety and burglaries. We object to the extension of Timber Drive at the south end in connection to the new construction. It will provide another route for the new subdivision and they will take Timber Drive which will have more traffic concerns and congestion. He said Mr. Barfield has offered to build a cul -de -sac at his expense, no cost to the City and separate our residential area from the new construction. We wish the City would allow him to do that and keep us separated from the new development. Marva Caughey, 8620 Timber Drive, came forward stating there are several other subdivisions within a few miles of Timber Drive: Liberty Estates, La Fontaine and others who have a single entrance in and out. We have been told by the City Staff that the City does not want any cul -de -sacs or any additions, they want open communities. The new residents and other developments have been given the freedom of choice to live on a cul -de -sac. We the residents of Timber Drive had that choice and made that choice and now if you approve the plat that eliminates our cul -de -sac are not right, it is discrimination. Chairman Shiflet addressed Mrs.Caughy's statement that our decision or recommendation would be discrimination and doesn't appreciate that. Judy Showalter, 8624 Timber Drive, came forward saying they appreciate the Commission listening to them and wants them to understand where they are coming from. As strongly as Mr. Pitstick feels about this plat, we feel as strongly that is not the right plat for everybody involved. We have three children and it took over a year to find land to build on. We found the perfect place here on Timber Drive with all we were looking for. We enjoy NRH with the mix of old and new houses. We are not against this development; we just do not want the cul -de -sac tied in. We have concerns with safety, we are there and have been established and feel that more consideration is being given to the new residents than our concerns. John Pitstick came forward stating he did meet with the homeowners several times prior to this hearing. He sincerely apologized for anything the citizens took the wrong way, but this is a Public Hearing and we need to listen to all their concerns. Certainly more than 20/0 of the residents on Timber are against it so it would require an override vote by City Council. Staff felt that tying in Timber Drive the way it is will be a nice clean subdivision. The citizens have been very professional and certainly have the right to go to City Council to explain their concerns. The Planning and Zoning Commission can certainly recommend putting a cul -de -sac on the end and the City Council can certainly require it. Staff supports the existing arrangement but would support closing Timber Drive off during the construction if necessary. Don Bowen asked if there would be access to the park from the south end cul -de -sac. John Pitstick said yes there would. Don Bowen asked if the cul -de -sac were put in would it be a concern for police and fire departments to have access at the southern end. John Pitstick explained there is another emergency entrance at the other end. There was a general discussion about the ingress and egress exits and safety concerns and how Timber Drive can be separated with a barricade but also able to have access to the parks. Clay Woodson, 8617 Timber Drive came forward with comments about the trail system. Kelly Elliott, 8628 Timber Drive came forward with comments about a workable solution to the cul -de -sac stating Mr. Barfield offered to turn Lot 23 into an offset cul -de -sac. We want to still be part of the new community but would like to maintain our lifestyle. There was a lengthy discussion between the Commission and residents about how to come to a solution with the concerns of the citizens on Timber Drive. Chairman Shiflet asked if anyone else wished to speak for or against, seeing none he closed the Public Hearing and entertained a motion. ►,1» ZIGIVA =1 11 Don Bowen moved to approve PR 2012 -03, with the cul-de -sac at the end of Timber Drive, to be defined by City Staff in cooperation with the neighborhood, so the new development is not connected by a through street. Mark Haynes seconded the motion. The motion passed unanimously (5 -0). Chairman Shiflet asked the applicant to carne forward to hear their thoughts on 'Lot 23 to be turned into cul -de -sac. Dustin Austin came forward saying we are in favor of that if that satisfies the needs. There was more discussion about the development of the cul -de -sac and how the improvements would be made. There was discussion about a hammer head at the end of the street, emergency egress and how Staff will work on the details of this improvement. Chairman Shiflet addressed John Barfield saying that a long time ago he saw the benefit to Little Bear Creek Corridor and thanked him for his generous support. John Barfield said he appreciates the Commission working with the citizens because he is in favor of their concerns. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject: Agenda Item No. C.10 SDP 2412 -01 Public Hearing and Consideration of a Request for Appeal from Michelle Thomas for a revised Special Development Plan for Lots 1 and 3, Block 1, Meacham Addition, located within the Smithfield Transit Oriented Development Zoning District at 6333 Smithfield Road and 7828 Arthur Drive - Ordinance No. 3202 Presenter: John Pitstick Case Summary: Ms. Michelle Thomas received approval on January 10, 2011 for an SDP (special development plan) within the Smithfield TOD district for interim office uses including the conversion of a single family house for 18 months at 6333 Smithfield Road on the northwest corner of Mid Cities and Smithfield Road. The special development plan stipulated that by June 1, 2012 the existing residential houses on Lot 1 and Lot 3, Block 1, Meacham Addition would be demolished or removed and construction plans would be submitted for a series of new mixed use buildings with access off of Arthur Drive. Ms. Thomas is now requesting an another extension for 12 months or until June 1, 2013 to begin construction of a mixed use building on the northwest corner of Smithfield and Mid Cities Boulevard. Background: The property at 6333 Smithfield Road along with approximately 280 acres of land in the Smithfield area was rezoned to the Smithfield Transit Oriented Development district on August 24, 2009 with no opposition from property owners. The new Transit Oriented Development (TOD) district was incorporated to support development around the future Smithfield commuter rail station into a pedestrian - oriented', mixed -use urban development environment with convenient access to rail transit, shopping, employment, housing and neighborhood services. As part of the TOD rezoning, 5 new subzones were created in the Smithfield area including the Historic TOD, TOD Core, General Mixed Use, TOD Residential and Arterial Mixed Use subzones. Each subzone allows a gradation of land uses. Differing setbacks and architectural requirements are also required in each subzone. All final site plans are required to be approved by the Development Review Committee unless there are requests to change subzone boundaries or appeals to modify any standards requiring formal public hearings with recommendation from the Planning & Zoning Commission and final approval by City Council. Realizing that the current land uses within the Smithfield area would transition overtime, an appeal process was included in the Smithfield TOD regulations that allows for requests of appeals, modifications, development bonuses and development incentives to be processed as a "Special Development Plan" (SDP) similar to a Planned Development or Special Use Permit. In evaluating a Special Development Plan within the TOD district the Planning & Zoning Commission and City Council shall consider approvals based on the extent to which the SDP application meets the following: • the goals and intent of Transit Oriented Development in the City • provides an alternative "Master Plan" approach by consolidating multiple properties to create a predictable, market responsive development for the area • fits the adjoining context by providing appropriate transitions • provides public benefits such as usable civic and open spaces, livable streets, structured and shared parking, and linkages to transit • does not hinder future opportunities for higher intensity transit - oriented development Ms. Michelle Thomas who owns the northwest corner of Smithfield and Mid Cities and has a contract to buy an adjacent lot on Arthur is requesting approval of an extension of time for a Special Development Plan requesting to be able to use the existing single family house at 6333 Smithfield Road as a professional office with a CPA and insurance business for an additional 12 months. Ms. Thomas has had 18 months under the current Special Development Plan and says she needs more time to remedy a deed restriction that disallows commercial development within the Meacham Addition deeds. She discovered this deed restriction several months ago when following through with financing of proposed new mixed use buildings. Ms. Thomas previously stated that with the ability to have two tax seasons at this location will allow her to provide the necessary resources to demolish the two residential buildings and build a series of mixed use buildings conforming to the Transit Oriented Development standards. The Development Review Committee has worked with Ms. Thomas for several months and has also reviewed the special development plan criteria. At this point staff feels that Ms. Thomas has had adequate time to resolve any issues. Fallowing are the special development plan requirements. • The goals and intent of Transit Oriented Development in the City Ms. Thomas has had 18 months and 2 tax seasons to occursv the converted house and anv extensions to the glans would not be in keeping with Citv standards and might also encourage other property owners to seek interim land uses. • Provides an alternative "Master Plan" approach by consolidating multiple properties to create a predictable, market responsive development for the area While the Citv has received general site plans in conformance of the Smithfield TOD for future development, anv additional interim use of a converted house would not promote uses intended for the Transit Oriented District. • Fits the adjoining context by providing appropriate transitions o The concept plan indicates two mixed use buildinas and an appropriate transition for townhomes alona Arthur Drive. However, there is no specific timeframe for construction. • Provides public benefits such as usable civic and open spaces, livable streets, structured and shared parking, and linkages to transit c� The primary public benefit of this development is the building of a mixed use buildina on a very visible corner that serves as an entrvwav to the Smithfield TOD district. Allowina an additional year to move forward with new construction does not send a clear message to other property owners for followina the TOD reauirements. • Does not hinder future opportunities for higher intensity transit - oriented development c� The proposed special development plan indicates plans for constructina mixed use buildings and promoting future opportunities for transit- oriented development in the Smithfield area. Additional extensions for buildina hinders onaoina opportunities for mixed use transit oriented development. The previous application was recommended for denial from the Planning & Zoning Commission. On December 16, 201' 0 the P &Z voted 3 (Schopper, Bowen, Benton) to 1 (Cooper) to recommend denial. The case was approved by City Council by a vote of 6 to 1 with the SDP time to run out on June 1, 2012. Planning & Zoning Commission Recommendation; The Planning & Zoning Commission met on Thursday, April 19 and voted 5 -0 to recommend denial of this special development plan extension. Staff Recommendation: In an effort to promote the redevelopment of the Smithfield TOD on a prime corner that serves as an entryway to the Smithfield district, City Staff previously recommended approval of the special development plan for an interim office use for a maximum of 18 months. Since no outward progress has been made regarding demolition of buildings or submittals of building plans for new buildings, staff sees no legitimate reason to extend this special development plan for additional time. Staff is in favor of the proposed plan for new mixed use buildings and would encourage Ms. Thomas to proceed with her plans. As long as building plans meet the requirements of the TOD Code, Ms. Thomas can proceed with demolition and construction of new mixed use buildings at any time without a Special Development Plan and without having to seek further P &Z or City Council approval. Staff recommends denial of a proposed extension of this special development plan and encouraaes the onaoina development of this tract under the TOD current reaulations. Denial of this SUP extension would in effect require the converted office to be converted back to single family with the removal of all signs by June 1, 2012 or face zoning violations with related fines. LOCATION MAP AERIAL PHOTO f r � f PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION T AND CITY COUNCIL Case Numbers: SDP 2012- 01 Applicant: Michelle Thomas Location: 6333 Smithfield Road & 7828 Arthur Drive You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a request from Michelle Thomas for a Revised Special Development Plan at 6333 Smithfield Road and 7828 Arthur Drive. Public Hearinq Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, APRIL 19, 2012 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, MAY 14, 2012 Both Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6343 LIST OF NOTIFIED PROPERTY OWNERS Cobb, Patsy 7829 Arthur Dr Farr Worth Tx 76182 -4608 .Armstrong, Della J 7821 Arthur far North Richland Hills Tx 76182 -4608 C &J Enterprises PO Box 19101 Roanoke Tx 76262 -1910 Morphew, Florence B 7816 Arthur Dr N Richlnd Hls Tx 76182 -4607 McMillian, Charles A PO Box 820063 North Richland Hills Tx 76182 -0063 Willis, A Glenn Etux Linda 7820 Arthur Dr Fort Worth Tx 76182 -4607 Runyon, Ernest Lee Etux Jeanne 5732 Starling Gir Haltom City Tx 76117 -2164 Ruiz, Jose J Etux Stephanie B 787 County Road 4421 Rhome Tx 76078 -2213 C30 Health Savings Acccounts 6333 Smithfield Rd North Richland Hills Tx 76182 -4610 Kunkel Holdings LLC Centerpoint Comm Baptist Ch Davis Commons LP 7801 Mid Cities Blvd Ste 400 421 Cannon Dr 3113 S University Dr Fl 6 North Richland Hills Tx 76182 -4699 Hurst Tx 76054 -2910 Fort Worth Tx 76109 -5616 LETTER FROM APPLICANT MI+CMELLE l HOMAS, CPA Certified Public Accountant April I l . 2012 City of North Richland Hills Staff and Planning & Zoning Committee Re: 6333 Smithfield Special Use Permit To 1k'Ilorn It May Concern: 1 ant requesting an extension of the Special Use Permit f light office use of the building located at 6333 Smithfield Road. The original Pic was to begin building at this time. I lowevcr. last Septcrnber, as I was about to close on the adjacent property, the title cornpanr that the hank used discovered a deed restriction that applied to the lots in that area. specifically, the two 'for this project. The hank stated they rV(}uld not be able to close oil a property with a cloud such as this on the title:. The deed restriction states that if'the property is used for commercial purposes. it is to revert back to the sellers or their llcirs. My existing title company "s ( for 6333 Smithfield) legal dcpartment investigated alter I tiled a cluing to clear the title for future use for° the nevv° commercial building. I - heir legal department took nearly five months to answer.. but did not clear up the deed issue. That legal department (Alamo Title) stated that if no claims Averc made bv outside parties that there was nothing they could do further at this tinge. That is not an adequate response for bankers. investors. nor nit.. to go forward with such a large investment of time and money. f have been informed by specific legal counsel that The process to clear the issue: would take at Yeast nine: months. Staying ill this current location c+ill ttlYc3vv' the to efficiently continue the business. Continue to grow. continue to employ my helpers and allow the attorney till: time to work the process ofobtaining a clear title in order to obtain necessary lending to gel firrward with the desired project. This location has been very productive this tax season and 1 dell very pleased with ell results. I did not have a prior tax season in this location. It has increased my business over 25 %. I hw i been in business for over 10 years and have not seen this hind of increase before. 0A have to relocate. 1 do not anticipate that rate of ColltinUed growth. It' l am not allowed to office here. 2 helpers will lose theirjobs. my ove=rhead AN - ill increase. necessary funds will be diverted from the legal nssistance needed to resolve the deed restriction problem and the desired ftlture project A% ill he prolonged indefinitely. Business Consulfing & Accounting Software Conversions 63 33 Smithfield (toad North Rich land 1 - 11IIs. Texas 76180 . 582- 334 -0070 . Fax 1317 -428 -2249 There are other homes in North Richland hills that were converted to commercial use and are not a temporary situation. They are located on Davis Blvd: Golightly`s Antiques & Tea Ilouse_ Day Care Facility, Chiropractor's Office. Print Shop, Insurance Agency, and there is a Wedding Chapel on the same street on the other side of Blvd ?b, near Northeast Mali. These places are a benefit to the community as is mine. My new clients this year cortnment about how they love that 1 am "right in their neighborhood ", they love; the cute, quaint house and the "down home- persona]" feeling they get from being in this office. I absolutely agree. it is better for the city to have this property move forward in the direction of commercial use in order to grow. not only in convenient services for its residents, but also to enhance the tax base and provide additional jobs and living quarters fbr it's residents. and to encourage visitors to eat and shop while they are in this city using it's businesses. When my Clients come to my office. they tend to eat atnd shop in the area. This is a Dome town community. trying to encourage the home town atmosphere as it relates to living. shopping, and recreation. 1 ask you to consider how long will it take anyone else to do what I want to do on this property? Even if I (or any other developer) had no desire or need to borrow funds on the prgject, why would anyone want to do so with the possibility that some lone lost heir could take it all (or any part of it) away? Allowing time for these legalities to be resolved is part (if tile process. albeit unexpected, costly and annoying. Extending the permit for another year is the wisest option for all. Thank you for your sincere consideration in this matter. Y7( Michelle Thomas APPEAL REQUEST LETTER From: Michelle <admine.vourfavoritecpa.com> To: "icitsstickO)nrhtx.com" <iDitsstick(d' nrhtx.com> Sent: Friday, May 4, 2012 3:19 PM Subject: Fw: City Council Appeal Notice Dear Mr. Pitstick: Please consider this a confirmation and followup appeal request to appeal the P &Z denial of my special development permit requested for 6333 Smithfield Rd. I would like to go to City Council and have their vote on the extension requested. Thank you, Michelle Thomas ORDINANCE NO. 3202 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO REVISE THE SPECIAL DEVELOPMENT PLAN WITHIN THE SMITHFIELD TRANSIT ORIENTED DEVELOPMENT ZONING DISTRICT AT 6333 SMITHFIELD ROAD AND 7828 ARTHUR DRIVE; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the DRC has reviewed and recommended the Special Development Plan which is the subject of this ordinance prior to its submission to the Planning and Zoning Commission; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council has considered and evaluated the submitted and recommended Plan under the standards set out in Section 118- 571(e) of the North Richland Hills Code of Ordinances; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan and the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by changing the zoning of a parcel of property within the TOD Core Subzone known and described as Lot 1, Block 3, Meacham Addition to the City of North Richland Hills, Tarrant County, Texas, by approving a Special Development Plan attached hereto as Exhibit A and allowing temporary office uses of a residential structure on such property until June 1, 2013, with future access from TOD residential subzone property known as Lot 3, Block 1, Meacham Addition to the City of North Richland Hills, Tarrant County Texas as depicted and limited by such Plan. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance as provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 14th day of May, 2012. CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director EXHIBIT A LOT . 3U= WE. p7&S, 17 7828 ARTHUR DRIVE W P.O.W. -a .f.4AEEEr PI.-4 B.L. LC] : BLOOD I oea. aJarxr lid um noses[ LOT 3 BLOCK 7 WT 2, ROCK I KJNR €L 40 ILN C49, A. 5_I}_ SV9 N T 0 ] LXTi TNC, STT'E PLAN ® �I Ills BLVD. t o I • THEBLLI.II WILLbNUSEUFORANA an64R ]'W LVELiCLVTHSPRGMTHt S$ RME. 41, 2012 DATE, Re • BY JUNE 01, 2011 BOTH ROUSF.5'W' BE RlWVW 1'O ACCmMMOLIA: MRLE REQU ME JLANE] FOR THE SEW CONSIRI1CIM o • R.1.L COMSTRL'CPI[IN EM UMENTS WILL BE SU EMITTED I(] ME CT PRIOR ■ TO"IHE Dh'MOMIM OF'IHE E LKIW[G Bwl; INUS. S • THE SET BACR[1f THE BLBJMYq WIU HE INCR TO PREPARE FOR THE W FL MEE TURN LANE H • EMUTNG LAND&CAPB TO REMAJN UNTIL NEW CONSTRLICIIOH • PHASE I WELL BE THE SECDND MDMD USE BU MDRJG F�1 • PIUEF. II WILL BR ME TOWN HOUSES LOCATION INDICATED ON MEET A -2 E.I • runsemwlal .BB THE CORV.reeaixT,o USE BUILDING w 4 41 APPIICANT: MWHF I.F THOMAS a �' 558713AVIS BLVD. 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TJ, 2lf13 R a Q 1 FEGOND FLOOR PLAN A -2.2 EXCERPT FROM THE MINUTES OF THE APRIL 19, 2012 PLANNING AND ZONING COMMISSION MEETING SDP 2412 -01 Public Hearing and Consideration of revisions to a Special Development Plan for Lots 1 and 3, Block 1, Meacham Addition, located within the Smithfield Transit Oriented Development Zoning District at 6333 Smithfield Road and 7828 Arthur Drive. John Pitstick came forward stating this is a Special Development Plan in the Smithfield Transit Oriented Development in which Michelle Thomas received approval on January 10, 2011 for interim office uses, including the conversion of a single family house for 18 months. The property is located at 6333 Smithfield Road on the northwest corner of Mid Cities and Smithfield Road. The Special Development Plan stipulated that by June 1, 2012 the existing residential houses on Lot 1 and Lot 3, Block 1, Meacham Addition would be demolished or removed and construction plans would be submitted for a series of new mixed use buildings with access off of Arthur Drive. Ms. Thomas is now requesting an extension for 12 months, or until June 1, 2013 to begin construction of a mixed use building on the northwest corner of Smithfield and Mid Cities Boulevard. John Pitstick continued saying Ms. Thomas is requesting more time to remedy a deed restriction that was discovered on the Meacham Addition deeds that disallows commercial development. We have seen this in other cases where properties were originally platted in the 1940's or 1950's and they put stipulations on there. It can be legally removed however. The city attorney says as long as the zoning is proper and has been zoned for TOD, the city does not have a problem. It is typically an issue with the lending agency and shows up as a deed concern. She is proposing to build the initial phase on the middle lot and proposing to build town homes at a later date. Staff has reviewed this and is in favor of the proposed plans as long as they meet the requirement of the TOD code and can proceed with demolition and construction of new buildings at any time without another special development plan. The current plan was to allow her to occupy the converted house as an office building without having to seek further P &Z and City Council approval. But at this time, staff recommends denial of the proposed extension because we have not seen any progress made on this development. It would also require her to convert the office back to single family with the removal of all signs by June 1, 2012 or face zoning violations or related fines. She has the opportunity to move forward to request this extension. Michelle Thomas came forward stating she had sent letters to the commission for plans to go forward with more detailed plans and tried to close on the properties. But in September 2011, the bank's title company found deed restriction issues with this area. (she submitted to the commission copies of the deed restrictions and letter from the bank). The documents from the bank state they do not want to lend money with clouds on the title. She has talked to several attorney's and they said it would take at least nine months, not more than two years, to go through the process of the public notifications in newspapers, looking for the heirs, then filing a proper dissolution of the deed restrictions. This is the reason she has not gone forward with demolishing the buildings because financially it would not make sense to do this if some heir comes to claim their right to the property. The information on the documents also says the lots were sold as single family residential only and if they ever change, they are reverting back to the heirs or sellers. She said on Arthur Drive, we are going to build a four- plex multi family townhome. The bank said this is classified as a commercial loan; therefore the title is a problem. On the other corner of Smithfield it is multi -use and it is considered commercial and residential so it would bring the title issue up again. Again, the letter from the bank states it would be to the developer and bank interest not to build and have some unpredictable and unknown potential claim against the property that would cause a financial risk. Ms. Thomas stated she still wants to work on the corner of Mid Cities and Smithfield and move forward with the building. If someone doesn't work with this issue, even someone with deep pockets who doesn't need a bank, would still have the same issue with the deed. She said she believes with the extra year, according to the attorney this could be resolved and would help the TOD Core. She said there is another piece of property on Precinct Line Road that has the same restriction. The corner has been a very good corner for business; she keeps it very nice and lit up and good for the community. The clients say they like the convenience of the location and employ two people who would lose their jobs if she has to leave this property. The architect is also here to answer any questions about the development. Don Bowen asked since the deed restriction problem arose in September, how far along in the process are you in getting is resolved. Michelle Thomas said she already owns the corner and has title policy on it. The claim was turned in December. From September it held up the closing through December, and then the bank said they would not close. She put in another claim through Alamo title and it took their lawyers three months to send a letter stating there was nothing they could do to move forward until one of the heirs actually made claim. I've had to hire my own attorney to clear up the issue and if I'm granted time I will get this cleared up. Don Bowen asked if she had even begun the process of clearing it herself. Michelle Thomas said she has hired the attorney and he is coming to City Council next month. Chairman Shiflet asked if she has already purchased Smithfield and if it has the title issue as well? Michelle Thomas said yes, but it wasn't found, so she is covered for the part she paid on that when she initially bought it only to the amount of that title policy. They didn't find it at that time. She said the heirs should have come forward but they have not and she does not know what their statute of limitations is in corning forward. Chairman Shiflet asked for those wishing to speak for or against to come forward. Kevin Murphy, 7813 (primary residence) and 7805 Arthur Drive came forward stating, he also maintains property for absentee landowner (7804 and 7800). He is against the development and business entrance on Arthur Drive due to traffic on their residential street. He supports the entrance from Smithfield or Mid Cities road only. Glenn Willis, 7820 Arthur Drive stating he is against the development and extension. He states what she wants to do now is not the original plan and is not thinking about the needs of the neighborhood; he is against the business entrance from Arthur Drive and drainage issues. Alvin Cobb, 7829 Arthur Drive, is against the development and business entrance from Arthur Drive due to traffic issues, drainage issues, stating the plans she submitted are incorrect and he questioned what her building plans were. Chairman Shiflet clarified that tonight the request being presented is for an extension only, that building code and parking lot issues would be addressed during the permit process if approved. Chairman Shiflet asked if anyone else wished to speak for or against, seeing none he closed the Public Hearing and entertained a motion. DENIED Don Bowen motioned to deny SDP 2012 -01. Mike Benton seconded the motion and it passed unanimously (5 -0). M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject: Agenda Item No. C.11 SUP 2012 -01 Public Hearing and Consideration of a Special Use Permit for a Gas Drilling /Production pad site on property described as Lot 5RA, Block 3, Industrial Park Addition; located on 2.027 acres at 6401 Browning Drive - Ordinance No. 3200 Presenter: John Pitstick APPLICANT: Chesapeake Energy CASE SUMMARY: Chesapeake Energy has made application for a Special Use Permit for a 2.008 acre gas drilling and production pad site on property at the northwest corner of Browning and Wuligar Way. Chesapeake Energy is requesting to drill up to 10 gas wells from this site. SUP approval for gas well pads are required on all non - residential properties with appropriate technical and safety plans and a master development plan indicating how the proposed gas well site will not prohibit or hinder future development on prime non - residential properties. This SUP only includes potential approval for a gas well pad site. Specific gas drilling and production permits would be issued by staff and the Gas Board would be responsible for deciding any setback variances through a public hearing process on all gas wells that fall within 600 feet of any habitable structures. A 150 foot "no build" zone easement outside the boundaries of the pad site is also required and being established. Chesapeake Energy has six currently operating well sites within the City of North Richland Hills. (Graham, Morrow Stevens, BISD, TCCD North, Little Bear, Engler) Five existing gas well pad sites were approved by staff with setback variance approvals by the Gas Board. The Tarrant County College District site was allowed by SUP approval in 2009 with Gas Board approval for setback variances. Fifty gas wells have been drilled within NRH to date. SUP Process The SUP process provides for a land use to occur within a zoning district that would not otherwise allow such a use by right. Such uses typically warrant the consideration of special conditions to reduce adverse effects on adjacent or surrounding properties. Essentially, the City can require additional stipulations beyond the regulations in Chapter 104: "Gas Well Drilling and Production" of the City Code to enhance visibility and aesthetics. In this effort, Chesapeake is proposing to provide certain improvements before they are required to be installed and Chesapeake is also proposing to install additional landscaping than what is required. The actual process of permitting the individual gas wells at this site is a separate process that will require separate permits approved by staff for each of the proposed gas wells. This permitting process requires the gas operator to demonstrate compliance with the technical details, safety issues and the other regulations indicated in Chapter 104. EXISTING ZONING: The property is currently zoned 12 (Medium Industrial) which is typically appropriate for industrial related uses. Other industries along Wuligar Way include Tyson Foods, Sealy Mattress and Dallas Patriots an indoor baseball practice facility. REVIEW OF GAS WELL REGULATIONS: The City Council and the Planning & Zoning Commission are aware that North Richland Hills currently has six operating gas well sites. Only the TCCD site required a Special Use Permit. An SUP for a gas well is only required when the proposed gas well site is located in a zoning district other than Agricultural or Residential. The primary reason behind requiring an SUP for a gas well site in a zoning district other than Agricultural or Residential zoning districts is to protect property in the "other" districts from being burdened with long term gas well sites that could diminish the ability to fully develop the property. For this reason the first concern in considering approval of a potential gas well pad site should be to ensure that the gas well does not hamper or burden the land use and building potential of the property in question or the adjacent property. The Special Use Permit process cannot relax any regulations and as such, approval of an SUP does not grant any variances to the requirements mandated by Chapter 104. The SUP Site Plan indicates 19 single family homes and 3 industrial buildings being within 600 feet of proposed gas wells. As such, Chesapeake will need to make a separate variance application (if the SUP is approved) and receive approval from the Gas Board of Appeals prior to the drilling of any wells that are within 600 feet from these buildings. Approval of this SUP will not grant a variance to the 600 foot setback requirement. Because of the community regulation of 600 feet, staff is notifying all properties within 600 feet as part of the SUP process and as always welcomes comments from any affected properties as part of this SUP process. REVIEW OF GAS DRILLING OPERATIONS: Typical gas well drilling and production involves several operations with the main actions being drilling, fracturing, pipeline connections and production. Multiple wells can also be drilled from a single pad site. Individual wells can be drilled within 10 feet of each other and can access areas 360 degrees from the well site much like spokes on a wheel. Different subsurface geology can cause more directional focused drilling along fracturing lines. Drilling operations include the initial vertical penetrations of approximately 5,000 feet to the Barnett Shale and horizontal drilling up to 6,000 feet which allows for the reaching of subsurface properties more than a mile from the drill hole. Drilling typically lasts 30 days and involves 24 hour operations which include the erection of major drilling towers, installation of sound reducing devices, drilling and other activities. Fracturing operations involve pumping massive amounts of pressurized water and sand into the drill hole that stimulate fractures deep in the shale and allow the gas to escape. These operations typically last a few days and may involve flaring to make the gas ready for production. Gas pipelines are required to be constructed in order to get the gas transported to market they must be built directly to the gas well site and connected and distributed to major markets. Production is the final process and generally a quiet activity whereby the gas exits the well, enters the pipeline and is transported to an endpoint. Properly screened and buffered sites should cause little notice of production activities. Production does however require weekly maintenance and trucking operations to remove water waste from onsite storage tanks. REVIEW OF RICK PAD SITE SUP SITE PLAN: The specific SUP for a gas well pad site includes the following information. Conceptual Development Plan- One of the primary requirements of the SUP is to provide a master development plan to ensure that the gas well site does not hamper or burden the land use and building potential of the property. Plans indicate the potential for 3 to 4 office buildings along Browning Drive frontage with adequate parking surrounding the proposed well site area. This is an effective use showing the potential development of this site using the "no build" easement for parking and landscaping and potential office buildings that would effectively screen traffic on Browning from the well pad site. This plan does not provide assurance that the remainder of the property will be developed as shown but it does show that it "could" be developed that way. Drillina Site Plan — The drilling site plan indicates the potential for 10 gas wells and also shows the initial construction of a masonry wall and concrete drive prior to drilling which exceeds current gas drilling requirements. Production Site Plan — The production site plan indicates full masonry wall with appropriate landscaping around the entire pad site. Masonry Wall details — The site plan indicates an 8 foot red brick wall with split face block columns similar to existing walls along Browning. Drainaae Area map — Appropriate grading is provided for the site. Transportation Route — The plan indicates the major access off of Loop 820 from Iron Horse to Browning with a backup route off of Rufe Snow to Iron Horse which does not affect any residential neighborhoods. The backup plan will be used when the westbound Iron Horse off ramp and bridge are closed for construction. Landscape Plan — The landscape plan includes Live Oaks around the entire pad site with Foster holly and Cleyera which exceeds typical landscape requirements. Line of Sight plan — The line of sight from Browning and Wuliger Way shows that the 8 foot masonry wall will effectively screen the proposed water tanks within the pad site from public view. Photometric Analvss — The photometric analysis indicates that no light should affect the existing adjacent neighborhood. Pipeline Route — Connecting the pipeline to the Rick Pad site will be from a main pipeline just east of the railroad with a proposed valve station within the northwest corner of the Rick pad site. Frackinq Plan — Frack water is being provided from the Engler site by above ground temporary water lines using the existing culvert under Rufe Snow. STAFF CONSIDERATION: The proposed Rick Pad Site is in an industrial area but is directly adjacent to the Iron Horse single family subdivision. The master development plan indicates future office buildings along Browning that would serve as a natural screen to the drilling pad. The surrounding masonry screening wall and landscaping is compatible with similar screening and landscaping in the area. Staff has worked closely with Chesapeake Energy representatives to enhance this site and make it a compatible use within the community. Chesapeake Energy has provided the following improvements to the gas well site: 1) A permanent concrete access road and masonry wall compatible with existing screening walls along Browning Drive being built prior to initial drilling. 2) All fracking operations to be accomplished from above ground piping from the Engler water tank. 3) Setbacks from Browning to allow for future office development to provide potential screening from traveling public. 4) An eight (8') foot high masonry wall and landscaping around the well site. GAS BOARD CONSIDERATIONS: Under the existing proposed site plan Chesapeake will have to seek setback variances from the Gas Board. Three proposed well locations are less than 150 feet from Wuliger Way and all ten proposed wells are less than 600 feet from several single family homes. Relevant considerations in determining whether Gas Board requests should be granted include the nature and remoteness of the site, the wishes of the owners of the immediately adjacent property impacted by the request, and any proposed measures to offset the impact of the request. Neighborhood Input: Staff has recommended that Chesapeake seek active input from all affected properties within 600 feet of all proposed gas wells. We understand that meetings have been held to resolve any concerns from the neighborhood. The current pad site with proposed gas wells affects 19 single family homes and 3 industrial buildings. Staff has received 52 letters and/or emails of support from mineral owners outside of the 600 foot area and Chesapeake has provided the city consent letters from 18 out of 19 affected single family home owners that fall within the 600 feet. However during the Planning and Zoning meeting several residents expressed concerns about the proposed plan. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission met on April 19 and voted 4 -1 (Bowen) to recommend approval of the SUP with stipulations that: • The single family property owners within 600 feet of all proposed wells have input and any appropriate aesthetic concerns are to be addressed as part of this SUP approval. • A minimum of 150 foot setback be established from all proposed gas wells to adjacent property lines and public streets. • Maximum number of gas wells is 10. • SUP is restricted to 5 years from the date of approval. STAFF RECOMMENDATION: City Staff recommends approval of this SUP request with the following stipulations: • The single family property owners within 600 feet of all proposed wells have input and any appropriate concerns are to be addressed as part of this SUP approval. • Maximum number of gas wells is 10. • SUP is restricted to 5 years from the date of approval. • A minimum of a 150 foot setback be established for 7 out of the 10 proposed gas wells to adjacent property lines and public streets. (Note Planning and Zoning's recommendation was for all 10 of the proposed wells to meet this setback requirement.) gouillem I s r awgras-s TiVon - 14 - 9 - ad - [Yr - .w > 7 m o F- OL PROPERTY OWNER NOTIFICATION CH NOTICE OF PUBLIC HEARING P, CITY OF NORTH RICHLAND HILLS ` PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Numbers: SUP 2012- 01 Applicant: Chesapeake Operating, Inc. Location: 6401 Browning Dr You are receiving this notice because you are a property owner of record within 644 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a request from Chesapeake Operating, Inc. for a Special Use Permit for a gas well pad site on 2.027 acres at 6401 Browning Drive. Public Hearinq Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, APRIL 19, 2012 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, MAY 14, 2012 Both Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7341 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 (Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Regional Rail Row Co Ec Browning Ltd Company Two LLC 3825 Camp Bowie Blvd Attn: Dallas Area Rapid Transi 8411 Preston Rd Ste 711 Fort Worth Tx 76107 -3355 PQ Box 660163 Dallas Tx 75225 -5519 Dallas Tx 75266 -0163 Agllrg North Richland Hill LLC CIO Quadrelle Realty 1 West Ave Larchmont Ny 10538 -2470 Doskocil Food Service Co Attn: Tax Dept PO Box 2020 Springdale Ar 72765 -2020 Chesapeake Land Dev Co 6100 N Western Ave Oklahoma City Ok 73118 -1044 William R Roach 3809 Ruths Ct Fort Worth Tx 76179 -3832 Anthony & Claire Yan Hong Lin Anthony & Claire Lin Rev Trst 1751 Emerson St Palo Alto Ca 94361 -3716 Robin Etux Maria Constantine 5325 Pebble Beach Ct NRH Tx 76184 -0825 Lawrence J Etux Betty L Smith 6337 Pebble Beach Ct NRH Tx 76180 -0825 Jason A Etux Lauren A Borroel 5618 Valhalla Dr NRH Tx 76180 -0821 James Etux Kimberly Downing 5610 Valhalla Dr NRH Tx 76180 -0821 Jason J Martinez 5612 Sawgrass Ct NRH Tx 76180 -0817 Carol Etvir Barry Chung PO Box 820384 N Richlnd! Hls Tx 76182 -0384 Ismael Etux Annette L Dejesus 6328 Pinehurst Dr NRH Tx 76180 -0826 Paul L Etux. Cynthia D Black 6321 Pebble Beach Ct NRH Tx 76180 -0825 Michael Etux Pam Willingham 6333 Pebble Beach Ct NRH Tx 76180 -0825 Steve Gordon 5622 Valhalla Dr NRH Tx 76180 -0821 Terry R Etux Annette Barnhard 5614 Valhalla Dr NRH Tx 76180-0821 William Etux Ann McDowell 5616 Sawgrass Ct NRH Tx 76180 -0617 Company One LLC 8411 Preston Rd Ste 711 Dallas Tx 75225 -5519 Shelley Etvir Bill Lybyer 6332 Pinehurst Dr NRH Tx 76180 -0825 Robert E Etux Alycia K West 5716 Hilton Head Dr Fort Worth Tx 76180 -0828 Le Thi Nguyen 6329 Pebble Beach Ct NRH Tx 76180 -0825 Kevin L Etux Kelli W Palmer 6341 Pebble Beach Ct NRH Tx 76180 -0825 Edward Scrola 5608 Sawgrass Ct NRH Tx 76180 -0817 Jeffery Etal Modiyill 5620 Sawgrass Ct NRH Tx 76180 -0817 Samuel D Etux Teresa Silva Jessie Etux Sharon L Whitley 6100 Browning Dr Apt 3101 5604 Sawgrass Ct NRH Tx 76180 -65096 NRH Tx 76180 -0817 PROPERTY OWNER CONSENT FILED WITH TARRANT COUNTY Lawrence J Smith — 6337 Pebble Beach Ct William Roach — 5720 Hilton Head Dr Terry T. Barnhard and Annette Barnhard — 5614 Valhalla Dr Jessie Whitley and Sharon L Whitley — 5604 Sawgrass Ct Ismael Dejesus and Annette L Dejesus — 6328 Pinehurst Dr James Downing and Kimberly Downing — 5610 Valhalla Dr Shelley Lybyer and Bill Lybyer — 6332 Pinehurst Dr William E McDowell and Ann McDowell — 5616 Sawgrass Ct Jason Martinez — 5612 Sawgrass Ct Kevin Palmer and Kelli Palmer — 6341 Pebble Beach Ct Jason Borroel and Lauren Borroel — 5618 Valhalla Dr Robert E West and Alycia K West — 5716 Hilton Head Dr Le Thi Nguyen — Pebble Beach Ct Robin Constantine and Maria Constantine — 6325 Pebble Beach Ct Jeffrey Modiyil — 5620 Sawgrass Ct Steve Gordon — 5622 Valhalla Dr Shannon T Accardo — 6333 Pebble Beach Ct Edward Sorola — 5608 Sawgrass Ct MAP OF ABOVE PROPERTY OWNER CONSENT FILED WITH TARRANT COUNTY P,6, B�.� cl. I I �� 7 09 PH ASE I f k J F in- Wit, E-1. E..L c " --FTVW. F�a�wN� oaf PROPERTY OWNERS OUTSIDE 600' RADIUS WHO SIGNED CARDS SUPPORTING CHESAPEAKE'S PAD SITE REQUEST Cynthia Burchill, 5732 Rosalyn, Watauga Roger Cobb, 3016 Kerry Lane, Watauga Paula and Clayton Major, 6301 Rebecca Lane, Watauga Reggie Mosely, 5664 Bonner Drive, Watauga Howard Whipple, 5641 Whitley Road, Watauga Jeff Alexander, 5736 Robin Court, Watauga Toni and Troy Gottschalk, 5604 Macaskill Drive, Haltom City Konstantin 'Parlor, 6132 MacNeal Trail, Watauga Jose Cordova, 6445 Rebecca Lane, Watauga Arturo Garza, 6009 Dusty Road, Watauga Lynette Dean, 5712 Southern Hills Drive, NRH Laura Rodriguez, 3119 Clary Avenue, Fort Worth David McConnell, 5612 Macaskill Drive, Watauga Jeff Barnes, 6200 Old Mill Circle, Watauga Paul Frohlich, 717 Gentry Drive, Arlington Barbara Plavney, 6421 Grasshopper Drive, NRH Betty Cote, 6429 Grasshopper Drive, Watauga Larry Smith, 6005 Marigold Drive, Watauga Kenneth Klasen, 6001 Marigold Drive, Watauga Patricia Blackmon, 6017 Marigold Drive, Watauga Tiffany Woolery, 5741 Marlene Drive, Haltom City Victor Drognett, 2 Windstead Court, Trophy Club Silvia McKinney, 5608 Macas'kill Drive, Haltom City Randheer Tannar, 1833 Canyon Ridge Street, Fort Worth Raymono Jones, PO Box 48813, Watauga Randy Mapston, 6404 Old Mill Circle, Watauga Maggie Zakhary, 8617 Amhurst Court, NRH Terry Mathew, 3204 Riverlakes, Hurst Michael Gates, 6400 Old Mill Court, Watauga Barbara & Joseph Lewis, 6029 Heavenly Drive, Fort Worth Gary Hannah, 6440 Old Mill Circle, Watauga Robert Sharp, 8553 North Beach, Fort Worth Claude McNabb, 5700 McDougal, 'Haltom City Mark Wood, 6617 Precinct Line Road #200, NRH Mark Howe, 3100 Carisbrook Court, Colleyville James Anderson, 5728 Hilton Head Drive, NRH Ryan Abbott, 6317 Pinehurst Drive, NRH Nathan King, 6313 St. Andrews Drive, NRH Judith and Douglas Bourne, 6304 St. Andrews Drive, NRH Patrick Peek, 5613 Valhalla Drive, NRH Tony Reynolds, 5705 Valhalla Drive, NRH Micah and Leslie Hernandez, 5709 Southern Hills Drive, NRH PROPERTY OWNERS INSIDE 600' RADIUS WHO SIGNED CARDS SUPPORTING CHESAPEAKE'S PAD SITE REQUEST Jason Boroel, 5618 Valhalla Drive, NRH Jessie Whitley, 5604 Sawgrass Court, NRH Jamie Alnon, 5612 Sawgrass Court, 'NRH Cindy Black, 6321 Pebble Beach Court, NRH Barry Chung, 6320 Inverness Drive, NRH Edward Sorola, 5608 Sawgrass Court, NRH EMAILS AND LETTERS RECEIVED Su bject: Rick Work Pad -NRH Dear Mr. Pitstick: I understand that Planning and Zoning will be considering Chesapeake Energy's Rick Work Pad drill site Thursday, April 19th, and I want to go on record as being in full support of approval of that site. I consider Chesapeake Energy to be a top -tier gas exploration and development company and, as such, know that they will make every effort to ensure safety and efficiency while conducting drilling operations on the Rick Work Pad. As you know, finalizing a drill site in this area has taken quite a long time and I think the Rick Work Pad is an excellent choice for developing the mineral interests in the immediate area; the resultant gas royalties will certainly be a benefit to all associated property owners, as well as the City of North Richland Hills. I support approval of the Rick Work Pad by Planning and Zoning and, subsequently, by the NRH City Council. Sincerely, Dan Smalley General Partner Skeeter & Bucky, L.P. Sent: Sun, May b, 2012 10:09:01 AM Subject: Chesapeake "Rick site" Please approved this drilling request. It will bring in lots lots of sales in to North Richland hills as the royalities are spent over the 20 years. 28 year resident Ron McFarland 6553 Lake Side Circle NRH tex 76180 Sent: Sat, May 5, 2012 6:30:43 PM Subject: Rick Padsite We are unable to attend the meeting on the 14th, but we highly support the Rick Padsite. Thank you for your consideration in this matter. Darren and Kris Fletcher 5957 Maurie Dr., Watauga 76148 From Kris' (Phone Sent: Sat, May 5, 2412 2:36:15 PM Subject: Chesapeake Energy Rick Padsite, North Richland Hills, Texas Dear Mayor Trevino, I have been advised by Chesapeake Energy Corporation that the North Richland Hills Planning and Zoning Commission has voted to approve the proposed Chesapeake Energy Rick padsite special -use permit for extracting mineral assets at the intersection of Browning Road and Wuliger Way in the City of North Richland Hills. Pursuant to this action on the part of the Commission, Chesapeake is now able to move forward to seek final zoning approval from the North Richland Hills City Council. Whiffle my residential property is not located within the North Richland Hills city limits, I want to make certain that you are aware of my strong support for this project. Although I will be unable to attend the City Council meeting on Monday, May 14, 1 hope the Council acts favorably at the meeting to approve development of this operation by Chesapeake Energy. Thank you, Byron Hoeffner 6528 Brookside Drive Watauga, Texas 76148 817 498 6728 Sent: Tue, May 8, 2012 9:47:57 AM Subject: Proposed Special Use Permit - Rick padsite Dear Mr Mayor, I own property in North Richland Hills through my company, Silversage, LTD. and want to let you know that I support the development by Chesapeake of a natural gas well at the Rick padsite. I encourage you to approve the special use permit in order for this project to continue. Sincerely, Todd Batiste. President Yellow Rose Management, Inc. 817 -797 -2477 DEAR NORTH RICHLAND HILLS ELECTED OFFICIALS, WHOLEHEARTEDLY SUPPORT APPROVAL OF THE RICK PADSITE SPECIAL USE PERMIT (SUP) ZONING REQUEST TO CLEAR THE WAY FOR DEVELOPMENT. YOUR APPROVAL OF THIS INITIATIVE WILL IMPROVE THE FINANCIAL WELL BEING OF MYSELF, MY NEIGHBORS, AND OUR REGIONAL COMMUNITIES. DURING THESE DIFFICULT ECONOMIC TIMES ANY INCREASED REVENUE WOULD BE SIGNIFICANTLY BENEFICIAL. AS A PHYSICALLY CHALLENGED CITIZEN ON FIXED INCOME I AM FINDING IT INCREASINGLY DIFFICULT TO MAKE ENDS MEET. FURTHERMORE, THE POTENTIAL INCREASE IN TAX REVENUE FOR THE COMMUNITY AS A WHOLE IS CERTAINLY A BENEFIT THAT ELECTED OFFICIALS SUCH AS YOURSELVES CAN APPRECIATE DURING THIS ERA OF OVER BURDENED CITY BUDGETS. WOULD GREATLY APPRECIATE YOUR SUPPORT IN FAVOR OF THE SUP ZONING REQUEST. I AM SURE YOUR AFFIRMATIVE VOTE WILL BE EQUALLY ENDORSED AT THE NEXT ELECTION BALLOT BOX. RESPECTFULLY YOURS, TOM UFERT 5709 MACDOUGALL DRIVE HALTOM CITY, TX 76148 tluf1965(a.vahoo.com From: Erik Svensson <esvenssonftublicstoraae.com3 To: "nrhoscar(dsbcolobal.net" <nrhoscar&sbcolobal.net> Cc: "ienna.cohen &chk.com" <ienna.cohen( chk.com>; Jonathan Gardea rionathan.aardea (&chk.com> Sent: Wed, May 9, 2012 11:19:12 AM Subject: Rick Padsite in North Richland Hills Dear Mayor Trevino: We support the Rick site in North Richland Hills. Sincerely, Erik Svensson Vice President, Commercial Real Estate Public Storage 701 Western Ave Glendale, CA 91201 April 19, 2012 Community Enrichrntnt Ccntcr Linda Haley The Communi Enrichment Center supports Chesapeake's application Kern Lewis for a special use permit for gas drilling and production at th cane Mazarek Chesapeake Rick padsite and encourages the P&Z to approve the Rayouiesky application as submitted. We look forward to receiving the benefits of J oan Parma natural gas production from this padsite through royalties and to Carole Phillips sharing our gifts with those who are in need in North Richland Hills and Ray Pinson the surrounding community. Lance Shipp Pain w illingham SinC ZCLMVE DrRECrOR Randy Clinton Randy Moresi Board Chairman Cc: Jenna M. Waters, Chesapeake Energy 8250 NE Loop 820 !North Richland Hills, Tx 76180 Phone: 817.281.1164 Fax: 817 -281 -1879 ■ ® 0 t�iece,c.ory VIA ELECTRONIC MAIL TO JPITSTICK(d)NRHTX.COM Mr. John Pitstick Director of Planning and Development BOARD Of DIRECTORS City of North Richland Hills RandyMomi,Chaitman Aubrey Allred, Jr. 7301 N.E. Loop 820 Brent Barmw North Richland Hills, Texas 76180 Shawn Bla&kwelder Stevc Bobb Dear Mr. Pitstick: Paul cunphell It has come to our attention that the North Richland Hills Planning & DanielDemarca Zoning Commissio is conducting a Public Hearing tonight regarding Melva Evaris Chesapeake Energy's Rick padsit Stacey Gingles Linda Haley The Communi Enrichment Center supports Chesapeake's application Kern Lewis for a special use permit for gas drilling and production at th cane Mazarek Chesapeake Rick padsite and encourages the P&Z to approve the Rayouiesky application as submitted. We look forward to receiving the benefits of J oan Parma natural gas production from this padsite through royalties and to Carole Phillips sharing our gifts with those who are in need in North Richland Hills and Ray Pinson the surrounding community. Lance Shipp Pain w illingham SinC ZCLMVE DrRECrOR Randy Clinton Randy Moresi Board Chairman Cc: Jenna M. Waters, Chesapeake Energy 8250 NE Loop 820 !North Richland Hills, Tx 76180 Phone: 817.281.1164 Fax: 817 -281 -1879 ■ ® 0 t�iece,c.ory Raul & Pamela Ramos 6416 Devonshire Drive • North Richland Hills • Texas 76180 Apiril 15, 2012 John Pits-tick Director of Planning North Richland Hills 73 N.E_ Lool's 820 North Richland Hills, Texas 76180 Dear Mr. Pitstick. I noticed that you are considering a Chesapeake gas %vell site off of Bro%rnina V Drive. As a resident of North Richland Hills, I am submitting this letter in support of this pro- posed site, even though I will not directly benefit from it. Chesapeake is a great company to keep in North Richland Hills- They not only provide our communities with much needed additional revenue through royalties, bonuses and tax dollars, but they are a good corporate citizen- My daughter is a recent Rich- land High graduate, so I am familiar with Chesajvake� partnership with BISD. The distant learning equipment Birdville Foundation was -able to purchase through Chesa- peaVs donation h, a perfect example of this. in a time when budgets are shrinking, you will not find many companies that enrich the communities where they operate in this manner. I even believe BISD has been able to set up a scholarship fund for stu- dents who attend TCLC through their income from natural gas. I strongly believe in America's need to lessen our dependence on foreign oil. This abundant resource that lies under North Texas is what this country needs to help America bridge dw gap and to promole energy independence and homeland securily, Let's keep America strong by using this lo-cal, abundw and dean resource. Sincerely, Raul Ranios (61 C gusty Anderson, F,E, Manager — Frelu` Pernr ia�i�eg NERGY May 4, 2012 City of North Richland Hills Department of Planning and Development Services 7301 North East Loop 820 North Richland Hills, Texas 75180 Re: Rick Pad — Special Use Permit Dear Mr. Pitstick: Enclosed are updated SUP plans for the Rick Pad site. Based on comments received at the P &Z meeting April 19, we have made the following revisions: • Well shift to comply with the 150' ROW setback for 7 wells and requesting a setback variance for only 3 wells (120' from ROW) • The closest structure to wellhead is 322 feet • Landscape rendering prepared • Modified the transportation route after traffic observations along Rufe Snow Drive and Browning Drive • Updated water route exhibit to reflect discussions with Jared Miller on Cotton Belt Trail Crossing A second neighborhood meeting was held May 3 to address specific questions from residents within the Iron Horse Addition subdivision. The meeting was well received and residents who spoke during the P &Z meeting were in attendance. The revised transportation route was appreciated by residents. The existing volume of traffic is still a concern for the residents as is the road condition along Browning Drive between Rufe Snow Drive and Iron Horse Blvd. We encouraged residents to visit with City staff since this is a City concern outside of Chesapeake's control. We appreciate your consideration of this Special Use Permit application. Sincerely, Dusty Anderson, P.E. Chesapeake Tneigy CmForation 100 F.nergv Way - Port Worth.'1'X 761102 Direct: f 17.5023645• lax 817.945.5202• dusty.andersonQchLcam April 19, 2012 City of North Richland Hills Attn: John Pitstick Director of Planning and Development 7361 NE Loop 826 North Richland Hills, TX 76982 Dear Mr. Pitstick, I understand you are considering a natural gas well site near the Tyson plant. As a resident of NRH for the past 14 years, I am submitting this letter in support of this proposed well site. Although I am not directly benefitting from this site, my minerals are being produced from another site in the City. I have seen the tremendous advantages and hope they will continue. I believe in this sluggish economy we need to benefit from this resource we are lucky to find under our feet. Between ad valorem taxes the City receives and! lease bonuses and royalties the BISD gets from these natural gas wells, it world be in the City's best interest to continue to promote this industry. After seeing the way Chesapeake has operated its other sites in North Richland Hills, particularly with the nice masonry walls and landscaping, it will surely better the industrial area in which this site will be situated. Sincerely, Michelle Miles 6436 Sunrise Drive North Richland Hills, TX 76182 ORDINANCE NO. 3200 SUP 2012 -01 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW A GAS DRILLINGIPRODUCTION PAD SITE ON PROPERTY LOCATED AT 6401 BROWNING DRIVE; ESTABLISHING A PENALTY, PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan and the Comprehensive Zoning Ordinance are hereby amended by approving a special use permit to allow a gas drilling/production pad site on property located at 6401 Browning Drive described in the attached Exhibit "A ", subject to approval of an amended site plan by the city council. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses hereof. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 14th day of May, 2012. Patricia Hutson, City Secretary 31W KS]ML @]:IW_l'113 :III Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney f_l, �:t91►1=1 IN-11:1 11OX0161 `r 10 =1 ►16 John Pitstick, Planning & Development Director EXHIBIT A �1 RICK PAD PROJECT SPECLA.L USE PERMIT WULICER ROAD NORTH OF BROWNING DRIVE NORTH RICHLAND HILLS, TEXAS urwrlaN wuc ENGINEER ! SUIRVEYOR: m HALFF 0 FEL (2,+I3�BftN0 .,r ,12 MAY 2012. AVO. 26724 -OR$82 14' uiesap ake cvrtrn mm PE I' 'm E, my.1nnrenaa Darwvrrm. roue ,e^oz 0, sw L1J5TYAH06RSDr1MalC M SHEET INQE7( I EkH19117 - OONCEPTUAL DEVELOPM ENT PLAN 2 DRILLING. SITE PLAN 3 PRODUCTION SITE PLAN 4 MASONRY WALL DETAILS 5 DRAINAGE AREA MAP TRANSPORTATION ROUTE 7 LANDSCAPE PLANTING PLAN 8 LINE OF SIGHT 9 PHOTOMETRIC ANALYSIS 10 PIPFUNF ROUTE 11 WATER ROLFLE �f 1N11tl'YINM- .IgYIXi yi avX g� o r iPA® m n m � �rn n Ek- LEGEND A O;tl Chas *. Rick Wk P P,-Ad CaiwlaWn �, 9 '1-1 � "—R " fr — I LLJ M Lu " a L I W4 2 WE I W4 2 --------------------------- fi I -n In �f�a.nil eaw �-` w rcM � aie u. vex wren �tn %N 6 " :: I na r - -r- -I— I I-- 7- 4 1 + -J 1- I D I d v k I I ,•Nrw,. a dA,o.- I I I� I I I I I I L - � •� 1 EI t -- - — I x, ;N ;I ` I I i I I as Gmx,� , i•• r,G _ - -- - ao.I w. � hn N��w e•LZaI rc Ir, n,�- . "�ar+.rn -n�w a.� iMi r e-on PARTfALWALLELEVAMN w i 4hA tt a� ®ems. 7 a� sEC�ua A A 1 L �� �,rca �mnxc ~ � � :��• ' jli' as ✓T -(I i f , ' ",i - 4kift'7, ,ILL SCREEN WALL DEWULS 1 -_ ,,.� n I.onrnnw.wnmLS. *erns AW L COLUMN SECMN i l"CAL WALL SECTION J ORLWH CONSULYIHS ENGINEERS INC. nax � .� "" FJ SABCRASS CT. ''� 1 fe 7 J T � w C v L_. x i �I t M 4 x i c €IV r- # HA ',. anmae e�do3r �E �iT3: FWor� Fart -M T -76987 4 x i c €IV r- CHESAPEAKE OPERATING, WC. FtICii.PAOPRQKGT niorrr�I�mccaduo wus, rrxA.� # HA ',. �E �iT3: FWor� Fart -M T -76987 CHESAPEAKE OPERATING, WC. FtICii.PAOPRQKGT niorrr�I�mccaduo wus, rrxA.� I Ir I j i E � Fi RIM ME g ig = ll19 8mn x m �m Z W Z 7 Z OU 9 X LU a CL 0 0 Irk 00 000 LL LL F, o PRELMINARY' Mgt- TfL 40. LANDSCAPE REQUIREMENTS IC SFPE PLANTING PILM a j Y2 ¢ � E ' 1 u ua4 J J � a � f( w 8 L. x 33'p U © CL 3� i r: S $ l _ LL ®9e� v NOTE: Separators are 5 feet in he! gill ht and well heads are 7 Feet in height. Both of which w not he visible from View #1 or View #2. �E�vE�LL�K�L Pd! AE iW PG�OIp VIEW #1 LOOKING NORTH FROM BROWNING DRIVE UK OF 1110"OFA F IV PEPW N IMMONO ON ✓ OMM W R WM TM PF"OSE4 PflCRfCiIPMb 6WE. —n El@fATIdPsmff 6N TA ILt NmyN TOP E6F+ATgN 6r�3 MP XO9tlLMM/L!mm TIC UKQFWETO�P� NMN m P++• —F VIEW #2 LOOKING WEST FROM WULNGER WAY EkEY -BY1X B�rD� �Mh9pIFI WRLl � 0.i P3'f1.E43WCE FROM THs � Virg or sx�roxnermAS,•TUw AYIP PE/t@OU� LNE OF SkYtFOPAa SO^PER4d19T11�1M30N v 4AOYHO LE4Ek WLEK.SA HNT �3'. rfdOY iFi RROFb6�PN0➢1lLTON i1TE w !AL @OP L- T00 ME i i U TMk W* FM � OMMUM ELmnoNct-T t W m -T M M ON EIK m @H' d 8 3 PRELIMINARY FOR INTERIM REVIEW OAW U U- co PNNH Dv Ney 3.]012 t5 NOTEO D,�, N. P s op IT pi mow; R rut - Ix e x4s a r r ti, • MIDSTREAM • eY G A 5 S E R V I C E 5 AS r --o r J � Az lip Z . �', GI �7, M 1 'T I%v > c G1 R -< x m Ong C, cl i UUi F� M r. p :m r vi I on H o v� e R v lmwl�ZME�� �km L CHESAPEAKE HALFF OPERA INC. dvv z;�� �. 4 _..-�' � � ,, ^� ! � ?'� f�l�� re��� r 3, � � � .. .� ter'{ 'r � � � ti _ 1 / Aj �1. _... i , I �� -� �-����� ���..� - .5 et � ... d.4.... ,ti.�,.� - .. ... per .�-� _ . w-If �,w.l.. -,�. _.�.et1w... ,. ,..- �.....- Y.W.,.y.... _..<...__..�...._..,.,,..... ...._.! - ,._ -... �� - ;�-�` .- n=. ; 4q `�y ���,..n, tS� EXCERPT FROM THE MINUTES OF THE APRIL 19, 20'1'1 PLANNING AND ZONING COMMISSION MEETING SUP 2012 -01 Public Hearing and Consideration of a Special Use Permit for a Gas Drilling /Production pad site on property described as Lot 5RA, Block 3, Industrial Park Addition; 'located on 2.027 acres at 6401 Browning Drive. Chairman Shiflet opened the Public Hearing for SUP 2012 -01. John Pitstick came forward stating this is an SUP application from Chesapeake Energy for a gas drilling and production pad site located on Browning Drive. They are proposing to drill up to 107 gas wells from this site. SUP approval for gas well pads are required on all non - residential properties with appropriate technical and safety plans and a master development plan indicating how the proposed gas well site will not prohibit or hinder future development on prime non - residential properties. This SUP only includes potential approval for a gas well pad site. Specific gas drilling and production permits would be issued by staff and the Gas Board would be responsible for deciding any setback variances through a public hearing process on all gas wells that fail within 600 feet of any habitable structures. A 1507 foot "no build" zone easement outside the boundaries of the pad site is also required and being established. Late this afternoon we have received four letters from mineral owners that are outside the area of the no build zone, by email we have received 26 mineral owner cards that have been signed in the area that would be within the pool for drilling. There are 19 homes within the area of the 600 feet. The consent document in your packets basically reads "I understand that the current gas drilling and production ordinance of the City of North Richland Hills requires all gas wells to be drilled 30707 feet from any residence, religious institution, public building or retail." The correction should say 600 feet. The consent letter also says "but allows the property owners of such uses to consent to drilling of gas wells to occur closer than 30707 feet." It does by permission from the property owners and they are consenting to those. There is extensive information that is required and there are 11 different documents included in the packets. Mr. Pitstick said typically the staff would approve the gas well site for technical reasons; this is for the zoning request. We have requested that the proposed masonry wall fit into the neighborhood which is appropriate to the existing wall. The truck and transportation route is being proposed off of NE Loop 8207, down Iron Horse Boulevard then up Browning Drive. We understand the Iron Horse Boulevard will be under construction so there is a secondary route from NE Loop 820, to Rufe Snow. They are proposing the connecting pipeline connection on the Southeast side of the railroad. The phasing would include the initial pad site to be constructed with the masonry walls, then after the drilling of the wells they are putting in the landscaping. They do show on the master plan there could be other offices or uses on Browning. The Rick Pad Site provides technical and safety plans being provided for the master development plan along Browning to potentially be screened, significant improvements are being made to the site above typical gas well site regulations in an effort to mitigate aesthetic concerns. While we do have the consent letters we encourage property owners within the 600 feet to hear their concerns so they can be addressed. They would need to be resolved through the public hearing process. However, staff does not support gas well setbacks less than 150 feet from property boundaries or public streets in an effort to maintain minimal safety distances. Based on the current Rick gas well pad site, City Staff does not support this SUP request unless the following stipulations can be met: (1) the single family property owners within 600 feet of all proposed wells have input and any appropriate aesthetic concerns be addressed as part of this SUP approval, (2) A minimum of 150 foot setback be established from all proposed gas wells to adjacent property lines and public streets, (3) Maximum number of gas wells is 10 (4) SUP is restricted to 5 years from the date of approval. Staff feels this is a neighborhood that could be appropriate if all the citizen concerns are addressed. At this time Staff recommends denial as it is presented, but would approve if the stipulations are met. Jenna Waters, Public Affairs Manager for Chesapeake Energy, 100 Energy Way, Fort Worth came forward stating she also has many staff members here for technical support as well. We appreciate the opportunity to present the application for the SUP for the pad site, a private property at the northwest corner of Wu'liger Way and Browning Drive. It does have a 10 well capacity of the pad site, 5 of the wells would go in to the Cult Unit, and 5 wouild go into the North Richland Hills unit upon their drilling. We are seeking Special Use Permit for the Rick Pad Site. We currently have other pad sites available for drilling minerals; however with the Rick Site we would be able to access the Colt and North 'Richland Hills units. The 300 foot radius around the Rick Pad Site and the 600 foot radius as discussed by Staff with the 100 foot radius. We do have consent letter and letters of support from 18 of the 19 homeowners within the 600 foot radius. One of the homeowners on the map has moved out and did not feel compelled to sign a letter of support not living there. There is a new homeowner taking possession but has not yet signed the mortgage, but we have a verbal commitment that he is in support. These letters would be for support for the Rick Pad Site where it is presented to yo U. Ms. Waters continued saying since TXDOT is taking the Iron Horse Bridge down prior to the completion of the build and drill of the well bores, we are recommending that we use alternate transportation route B. In talking with the City about the Rufe Snow route, since it is already and existing and neighboring industrial use, so it would be wide enough for the trucks to travel through to develop the pad site. The Rick Pad Site is a 10 well capacity as recommended by the City and we have over 1600 family, schools, churches, businesses with over 586 acres units in the Colt Unit and 552 acres in the North Richland Hills unit. We want to indicate to you are immediately going to start drilling at the end of summer 2012 on two of the well bores. We are just asking for the SUP for this pad site tonight knowing we need to get approval for the actual wells. Ms. Waters said they will have a landscaping and masonry plan approved up front and both will be initially installed during the initial construction phase as added as an amenity for the neighborhood view. We also have a concrete road to the pad site that will go up from the road to the gate with an 8 foot masonry wall. We would prefer to plant the trees and shrubs in the fall as opposed to the heat of the summer, but with our proposed drilling schedule it will be nearly immediately after the construction of the pad site. Some of the beneficiaries of the pad site are City of North Richland Hills, City of Watauga, City of Haltom City, Birdville ISD, Community Enrichment Center and Watauga First Baptist Church and there are support letters from some of these beneficiaries. All the residents of NRH benefit from the local taxes. Ms. Waters said in closing we are requesting your approval of the SUP to develop the Rick Pad Site and develop the minerals for the people in the Colt and NRH Unit. We know the City of NRH and BISD have benefited from natural gas drilling from Chesapeake and hope to continue the relationship with approval. Chairman Shiflet asked if the proposed fencing was 8 foot on all sides. Ms. Waters said yes it is and it will match the existing masonry walls currently in place. Don Bowen asked about the 5 year restriction from staff and if Chesapeake meets that requirement? Ms. Waters said they cannot guarantee that is this economic market with gas prices. We would like to drill them and be responsible owners of the minerals and produce them effectively, to guarantee that would be irresponsible. But we do anticipate the economic market to improve and we would anticipate being able to drill as that market dictates. But we would not be in favor of the 5 year restriction. It is not something we are accustomed to in NRH and we have had a long standing relationship here. Don Bowen said is there a way to put the quiet rigs on this site as it would benefit the residents to do so. Ms. Waters said right now we anticipate having one of the lower profile Nomak 144 Rigs on the site which is a lower profile rig on an electric compressor and one of the quieter operations. In addition, we would like the pad sites to the approved as presented. We understand there is an easement and right of way issue with the road, but we always try to be a good neighbor. We understand that it is a public street and we need to keep the variances out of play, but with a sidewalk going in, all the landscaping, proposed fire hydrant, concrete drive it is really going to be an asset to that corner and we would prefer it be closer to the road. Edward Sorola, 5608 Sawgrass Court, came forward stating he is not in support of the gas well site and only signed the consent letter because he felt pressure to do so. Concerns that he has are visibility, noise, accidental emission of diesel fumes, hazardous air pollutants, potential for damage to home, losing the enjoyment of property, issues with the sale of my home. If the commission decides to recommend approval then I ask that you do so under the following conditions: (1) Chesapeake plant mature evergreen trees and shrubs of sufficient height and longevity to block the drilling rig and sound barrier from visibility from front of home, water and maintain them throughout operations (2) expedite drilling of wells within 2 years of the pad site (3) use sound barrier during all drilling and frocking periods, then be removed if there will be a period of 60 days or more during which neither will occur) (4) use electric drilling equipment whenever possible to reduce diesel exhaust (5) provide third party air quality monitoring against accidental release of dangerous air pollutants and monitor for excessive earth vibrations during the phases (6) Chesapeake be required to notify all residents of the dates that frocking and completion will occur with at least one week advance notice. Shelly Lybyer, 6332 Pinehurst Drive, did not speak but against the drilling. Judy Simpson, 6312 St. Andrews Drive, against the drilling due to the traffic concerns with the tearing down of Iron Horse Bridge and new apartments being built across from our subdivision. There are only two entrances in and out of the subdivision and this will create a huge traffic concern and emergency vehicles will be unable to get in if needed. Leon Glenn, 6312 Pinehurst Drive, did not speak but against the drilling. Dave Riska, 5617 Southern Hills Drive, came forward asking why would it take 5 years to drill and if the sound curtains are going to let up, safety traffic concerns on the corner of Browning for emergency vehicles. Bill McDowell, 5616 Sawgrass, is for the drilling and signed the consent agreement. He would still like to see some accommodations for the neighborhood from Chesapeake. More substantial landscaping than what has been seen at other sites, sound barriers being removed when not drilling so we don't see the brown material, time period to be reduced from 5 years to a more reasonable time. With the backyards that right up against the site, we would like to see more screening other than existing vegetation. Belinda Alles, 5001 Denton Highway, representing NE Chamber of Commerce, is for the drilling in our area. She is support of the proceeds from the drilling because of the way they give back to the community. Scott Correll, 5618 Southern Hills Drive came forward asking do you live within 150 feet of a well site and would you feel the same way about their donations. Jeffrey Modiyill, 5620 Sawgrass Court, is against the drilling, feels it is being forced upon the citizens. He would like to see the concerns addressed if approved. Kevin Palmer, 6341 Pebble Beach Court, not opposed to the pad site, but if it is approved the consideration given to the aesthetics, sound barrier, landscaping. Don Bowen asked Staff if we can restrict Chesapeake to electric rigs. John Pitstick said you can put stipulation on the Special Use Permit. Don Bowen asked Chesapeake if the heavy equipment from the site will affect the retaining walls to the residents who back up the sit. There was a general discussion about the location and size of the retaining wall. Jenna Waters with Chesapeake said to her knowledge she is not aware of where our equipment has caused damage to the retaining wall during operations. Julie Jones, Civil Engineer with Chesapeake, said the edge of the pad site is 150 feet away from the retaining walls and generally there is not going to be a concern with the retaining wall from that distance. As the remaining property develops if there is a parking lot goes in, the developer would look into at the time. Steven Cooper said since there are so many concerns with the sound barriers, is it practical that they can go up and down during the drilling operations. He asked if there is a typical time frame for the walls going up and down. Jenna Waters said there is nothing typical and every well site is different depending on their operations. Julie Jones said it is hard to say when they can go up and down, it depends on availability of the (racking crews and it is difficult to make it to all the sites in time. If we hit the 60 -90 days after we drill, then we can take the sound walls down at that time. If it is longer than that, since we are renting them from other companies they are waiting for their completion so we try to get them down as soon as possible. Chairman Shiflet said the sound walls are not a requirement of the City that is just something that Chesapeake has done. Mike Benton asked about the landscaping and if they would be apposed to putting in larger trees on that west side that backs up to their property. Julie Jones said that is something we can consider. The existing vegetation will stay in place, the pad site sits about 20 feet higher at least from the back of those peoples properties so we felt that the 3 in caliper trees along with the shrubs will be sufficient along with the 8 foot masonry wall. Mike Benton asked again if they would consider 4 inch caliper instead of 3 inch. Jenna Waters said the landscaping for the plans is more comprehensive than the city ordinance requires so we have already taken that into consideration. Julie Jones said since we do not have a true rendering it might be helpful to have that at City Council since people are not used to looking at the civil plans. Jeffrey Modiyil, 5620 Sawgrass Ct, asked about the case of damage and who would be responsible for it? Chairman Shiflet said any damage would be civil and an attorney would have to advise on. Edward Sorola came forward saying the retaining wall and trees would not be sufficient as proposed. Scott Correll came forward asking Chesapeake about how they are going to handle the traffic matters and concerns. Jenna Waters said they understand that our community and others are in a unique situation with the construction and expansion of the roads. The transportation proposed is the recommended route from the City Staff and is the best for route for the duration of the build. There will not be a continuous line of trucks that will be stopping traffic. There can be a traffic count provided if needed. Chairman Shiflet said he thinks that a traffic count might be something needed before it goes to the City Council and a rendering of the west masonry wall. Ethan West 5716 Hilton Head Drive came forward and is in favor of the drilling. He has one concern with heavy rains due to the run off from the site so it will not go into their backyards. He asked if they would consider a masonry wall instead of wood on the east wall. Chairman Shiflet announced there would be a 10 minute recess and meeting would resume at 9:25 p.m. (Break) Chairman Shiflet resumed the meeting at 9:25 p.m. Mark Tucker, 6308 Inverness, came forward stating concerns with traffic on Browning, emergency vehicles not being able make the calls with big truck traffic. He asked that they might consider turning down Browning off Rufe Snow to avoid traffic issues. Terry Barnhard, 5614 Valhalla, came forward stating he is in support of Chesapeake and the pad site, but has concerns about landscaping, safety and traffic issues. He said when there is an accident on 820, then everyone comes across Denton Highway, up Browning goes behind Walmart then picks up Iron Horse to cross. The intersection of Browning and Iron Horse is not wide enough for the traffic. Judy Simpson asked about water disposal and where will it be disposed? She asked if the property of the Rick Pad Site is owned or leased by Chesapeake. If owned, then why can't Chesapeake have everything landscaped to Browning? How many permits has the City of NRH already issued where a pad site was within 150 feet of residential properties? Chairman Shiflet said he would let Chesapeake address the water disposal. He said what they inject in and bring back out they truck off. There has not been any issues with the 50 plus we have had drilled so far. He said any concerns to the improvements and other issues brought up tonight are not what we are here for tonight, it is only for the consideration of the pad site. Kathy Luppy said as a member of the Gas Board of Appeals, this is all going to be addressed at least two more times. This is not the last time these issues will be discussed. Staff has worked with Chesapeake and our Board for about 4 or 5 years, and always works out the concerns with the citizens and City concerns. Chairman Shiflet said one thing that has made North Richland Hills unique is that we only deal with Chesapeake unlike some of the other cities that deal with several companies. More importantly our (Fire Department has our own gas inspectors that are city employees as opposed to third party and contract inspectors. If you call with any complaints you get a City of North Richland Hills fire fighter that comes to investigate the complaint. The Mayor and City Council set up the Gas Board of Appeals many years ago. He and Kathy Luppy have been serving on this board as Chairs of two different Commissions and had given us a unique ability that other cities have not had. What we are looking at tonight is strictly what we are going to recommend or not recommend to the City Council as far as Chesapeake's request at this time. If the City Council approves our recomme'ndatio'ns, then before Chesapeake can do anything, there will be more Public Hearings before the Gas Board of Appeals. John Pitstick said there are no permits within 1501 feet of the wells because we do not allow that. We have a 600 foot rule that could go down to 150 feet but there have been no structures that have approved. From the wells site we currently have a 150 foot no build zone requirement. There is a 600 foot requirement; some have gone down to 300 feet but nothing below that. There was a general discussion about the 300 feet and other well sites in the city. Edward Sorola spoke about the distances between the site and homes. Scott Correll spoke about the distances between the site and homes. Leslie Hernandez, 5709 Southern Hills spoke being in support of the drilling. Chairman Shiflet asked Caroline Waggoner to address the traffic concerns on Browning and if trucks could come in and cross Iron Horse instead of trying to make the hard right on Browning. Caroline Waggoner said that shouldn't be an issue as the City has looked at some different striping geometry in that intersection over the years to accommodate the traffic and it could be that we have some radii at the corners that need to be modified for the turning movements, but not aware of any issues of the straight through traffic. There was a general discussion about the traffic issues on Browning. Terry Barnhard asked about the alternative plan on truck routing and asked that the traffic concerns be addressed. He said between Tyson and the mattress company trucks it is already an issue. Mark Tucker said he has concerns about traffic and emergency vehicles getting to their homes and concerns of tremors from the fracking. Chairman Shiflet asked if anyone else wished to speak for or against, seeing none he closed the Public Hearing and entertained a motion. APPROVED Mike Benton motioned to approve SLIP 2012 -01 with the staff recommendations that single family property owners within 600 feet of all proposed wells have input and appropriate aesthetic concerns be addressed as part of the SUP approval, a minimum of 150 foot setback be established from all proposed gas wells to adjacent property lines and public streets, maximum number of gas wells is 10, SUP restricted to 5 years from the date of approval. In addition, the traffic counts and landscape rendering be brought to the City Council. Also to include Browning Drive as an option to transportation. The motion was seconded by Kathy Luppy. The motion passed (4 -1). Don Bowen opposed. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject Agenda Item No. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject: Agenda Item No. D.1 AP 2012 -01 Consideration of an Amended Plat for Lot 3CR, Block 1, Northeast Crossing Addition. Being a revision of Lot 3C, Block 1, Northeast Crossing Addition located at 9121 Boulevard 26. Presenter: Clayton Comstock Case Summary: The applicant, CRR Property Holdings, Inc. represented by Robert Chu, is requesting to amend the replat for the Northeast Crossing Addition that was approved by the City Council in September 2011. The intended purpose of the amended plat is to vacate a portion of an access easement which appears on Lot 3C (proposed Lot 3CR) of the current plat and to add a utility easement to the lot. The sixteen foot wide private access easement, which was platted solely for the benefit of the owner of Lot 3D (Kroger), is being reduced to a width of six feet near the southern end while a small portion of that same end is being removed altogether. These plat amendments will benefit in the development of Lot 3CR. Staff Review: The Development Review Committee has reviewed the submittal and determined it to be complete and ready for Planning and Zoning Commission and City Council agendas for consideration. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission met on April 19, 2012 and voted 5 -0 to recommend approval of AP 2012 - 01. Staff Recommendation: Approval of AP 2012 -01. s a v. — fd T _ y �VI.. JW lb r I 9 rd : a . ✓ m .,. r 2 0 Q I 0 e�F Precinct Line Rd ~ r 0 0 Z AMENDED PLAT EXHIBIT No, 44679AP A1 1 F � Dtdiudan C¢aih�e Lot, 31), 61oGk 1, f STA� %Aa 4I, ix Northeost Grossing tiro^ CfxLNTl nernaanxr H N Addition, Instrument 44 Number D211237244a I. :E "a� PRTCT / ✓ S_TE 1 l Vicinity Map Arcadib Lan d •? yr o�, Portn File 25 Ltd. File No. 1)203472462, z, c A 'E- d+�. >�T •.w,u... K wF,�c °1�3n - �,iwb.. �, DRTCT r9 / / � 1T�, e NORTH t7 ¢' r o a Aruorw U :7 o 50 106 i 50 � `�?� `'ga s� rburrry or Trlluxvr 1 t - '] R / / � �' �✓ , .ti • yr 3�:4 � ww.tw„� w�. �....k... �,.rr s..c.r�»;wa` / 1' rry 6rrner J va' 3 Robert Chu s�rR 3CFt CRR Property Holdings, Inc. 4631 South Hulen Street Q o 11+ 0 �••+•a Fort Worth. TX. 75132 Voice: 817.346.7077 Email: DYRohert@Eyeworksgroup.00rn p ry O \ r PRELIMINARY - This plat not to Ile recardedf for any purpose 5- rveyar Roger W. Han, RPLS GPs• �T6e � j>„_,�, Area Surveying Inc..� 6060 S Hu ten St, Suite 360 #226 4i Fort Worth TX 76132 �4U / h�' m xeeeea s Pratt spr' ran, asnlw*�zae z. rna Pasmw r ewa+x cam. A Silo .amt Voice 817 294 4490 a ,� Fax: 817.764.2328 \ o Ema `r" \ , lea mm +� .i,,,.r,aa e�aic mMS UC rz Pram naae �.M ms. v=ro di roger @ areasurvaying.com - airy '9 � uorys,�„on an em lm. Tne le m.+..ra ,rwn nmm.rrmuw v++.ar.mno arur ,L ?�sf �� \ s.o�ro w,nwlz• 5 - !k>tw Engineer ,� ��I L��/y r® fi \ IPF -[mc P'nPwM Frank D. Carom, Sr, 6`` s las - Iro+Pn s� Evolving Taxars 420 Thrprrrnarlon Sheet. Sutra 936 Port Worth. TX 76102 \ CT #� P \ '^z w.unofwrmK pE urer'.m P_meenxA Voice: 81 7.529,2706 lwn T a.w.o. ��lewnrr. Ta.Pt Fd1TCT axamr,l Hero Cwmr. ecru Fax: 817.529.270® Email: frankQavolvingtc%as.com Arn —dad Plot Inset. Lot JCR, Block 1 Z-2., Northeast Crossing Wl— ken Planning and Zoning Ccmn'1&eon Df w° Addit the City of North RfeNand Hills, Tmn vied 4L1.ereas Iha CAy CDUncll or the City of Noreh arfinnaiwNy m rhia oay x Rlehland Hills, Texas axed aflimre6rNy on this addition to the Ci Worrri Riehl d Hills, Tarrant County. 24 zrec wand aaof>r m of this Plat by the oayaf city A Ta Da.. G'n¢ ❑ on of L t X. BI k 1. N4 rtheq t CYOSSiCrossing coundi, m acpone In Plt for a a Imr of g ra d µ N`rh Addei an, g� y e ccnrd n to ins plot recorded in instrument Numner f $ A 1)21 the 44, P R T C L s h na6ryp Apr 2412- / 1 I.t CheYman, PlalYing and ZDrm gCanmi�io Uayor. City of North Rlohlard Hills �. MEA SURVEYING, INC. �4. n S ---rng i N/ -piling Alteal' seaalary, Plmming and 2Dnlrg Coo ftolan Attest. City Sxrata7 rnr Wn tic6rcmna rte Ne tam aR'c mvreio�,T.ms. woreRw.awi, �e m _.— - � � ur.sw¢ww -a..sw xa.rm.rm mem ra .x,� EXCERPT FROM THE MINUTES OF THE APRIL 19, 20'12 PLANNING AND ZONING COMMISSION MEETING AP 2012 -01 Consideration of an Amended Plat for Lot 3CR, Block 1, Northeast Crossing Addition. Being a revision of Lot 3C, Block 1, Northeast Crossing Addition located at 9121 Boulevard 26. Current Zoning: C -2 Commercial. Clayton Comstock said the purpose of this plat is to dedicate a few utility easements as well as abandon an access easement. The existing lot is adjacent to Kroger in the Northeast Crossing Addition. Office Depot has been approved for a new construction addition to that center, but with that site plan approval they will be building over what is an existing access easement for Kroger's access door on their southwest side of the building. They are basically reducing the size of the access easement to allow for the construction of the Office Depot and adding some utility easements. Staff recommends approval. Roger Hart, 6080 S. Hulen, (Fort Worth, TX, with Area Surveying came forward to answer any questions. With the rush to get Office Depot we didn't complete all the details and now taking care of these items. APPROVED Don Bowen motioned to approve AP 2012 -01. The motion was seconded by Mike Benton and passed unanimously (5 -0). M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject Agenda Item No. E.0 PUBLIC WORKS No items for this category. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject Agenda Item No. F.0 GENERAL ITEMS No items for this category. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject Agenda Item No. G.0 EXECUTIVE SESSION ITEMS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject Agenda Item No. G.1 Action on Any Item discussed in Executive Session Listed on Work Session Agenda M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject Agenda Item No. H.0 INFORMATION AND REPORTS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject: Agenda Item No. H.1 Announcements - Mayor Pro Tern Barth Announcements Early voting for the Texas primary elections began today and continues through May 25th in the gymnasium of the former NRH Recreation Center located at 6720 NE Loop 820. The primary elections are conducted by the Tarrant County Elections Office. For a complete list of early voting times and locations, or to view a sample ballot, visit www.tarrantcounty.com /evote or call 817 - 831 -8683. The North Richland Hills Fire Department conducts CPR classes each month for the community. The next class is scheduled from 1 p.m. to 5 p.m. on Saturday, May 19th. The cost is $25. To sign up or get more information, please call 817427 -6901. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight we spotlight. Josh Oler & Dwayne Dornquast, Public Works — A resident emailed to commend Josh and Dwayne for their rapid response and their professional manner in completing a street repair in front of his house. The resident stated, "It's not often you get next -day service from anyone these days. They went well beyond a simple patch and did a very competent job of removing and putting into place a reinforced, well executed new section." He added that they were also friendly and polite. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 5 -14 -2012 Subject Agenda Item No. H.2 Adjournment