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HomeMy WebLinkAboutCC 2013-03-04 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, March 4, 2013 6:00 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 NRH Animal Adoption & Rescue Center New Facility Update (20 Minutes) A.2 Discuss 2013 Federal Legislative Positions (10 minutes) 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 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 complian a with Chapter 551, Texas Government Code on March 1, 2013 at p.m. sift nt ity 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. City Council Agenda — March 4, 2013 Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, March 4, 2013 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 Rodriguez A.2 Pledge - Councilman Rodriguez A.3 Special Presentation(s) and Recognition(s) No items for this category. A.4 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.5 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 requests, in which event the item will be removed from the Consent Agenda and considered. City Council Agenda — March 4, 2013 Page 2 of 4 B.1 Approval of Minutes of February 25, 2013 City Council Meeting C.0 PUBLIC HEARINGS C.1 SUP 2013 -01 Public Hearing and Consideration of a request from Rick Jordan for a Special Use Permit for an Accessory Building larger than 500 square feet on 1.0077 acres at 7416 Eden Road - Ordinance No. 3241 C.2 TR 2013 -01 Public Hearing and Consideration of Amendments to the Transit Oriented Development (TOD) District Code in the Comprehensive Zoning Ordinance of the City of North Richland Hills. Ordinance No. 3240 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 Authorize the City Manager to Execute a Professional Agreement with Lee Engineering in the Amount of $51,400 for the Signal Timing Synchronization Update Project ST1301. F.0 GENERAL ITEMS F.1 Award RFB No. 13 -010 for Street Rights -of -Way Mowing Services to VMC Landscape Services, LP for $159,705.00 F.2 Renew Annual Contract with VMC Landscaping Services for Parks Mowing Services F.3 Consider a Resolution declaring the City's Support of and Consent to the Creation of the Cotton Belt Commuter Rail Improvement District - Resolution No. 2013 -001 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 Lombard H.2 Adjournment All items on the agenda are for discussion and /or action. City Council Agenda — March 4, 2013 Page 3 of 4 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 compliancA with Chapter 551, Texas Government Code on March 1, 2013 at - 6 p.m. sis nt City 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. City Council Agenda — March 4, 2013 Page 4 of 4 CITY OF NORTH RICHLAND HELLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, March 4, 2013 6:00 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 NRH Animal Adoption & Rescue Center New Facility Update (20 Minutes) A.2 Discuss 2013 Federal Legislative Positions (10 minutes) 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 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 March 1, 2013. City 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. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, March 4, 2013 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 Rodriguez A.2 Pledge - Councilman Rodriguez A.3 Special Presentation(s) and Recognition(s) No items for this category. A.4 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.5 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 requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of February 25, 2013 City Council Meeting ' el f = as] :j4[4 @ a: Wa ►:jll►[e C.1 SUP 2013 -01 Public Hearing and Consideration of a request from Rick Jordan for a Special Use Permit for an Accessory Building larger than 500 square feet on 1.0077 acres at 7416 Eden Road - Ordinance No. 3241 C.2 TR 2013 -01 Public Hearing and Consideration of Amendments to the Transit Oriented Development (TOD) District Code in the Comprehensive Zoning Ordinance of the City of North Richland Hills. Ordinance No. 3240 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. : 9 1 =all *.] I I s A TI � L+ s] C V :V E.1 Authorize the City Manager to Execute a Professional Agreement with Lee Engineering in the Amount of $51,400 for the Signal Timing Synchronization Update Project ST1301. F.0 GENERAL ITEMS F.1 Award RFB No. 13 -010 for Street Rights -of -Way Mowing Services to VMC Landscape Services, LP for $159,705.00 F.2 Renew Annual Contract with VMC Landscaping Services for Parks Mowing Services F.3 Consider a Resolution declaring the City's Support of and Consent to the Creation of the Cotton Belt Commuter Rail Improvement District - Resolution No. 2013 -001 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda 91=101go] V i►1'_111[6]r1 =10l9l:a:11li1:i�-1 H.1 Announcements - Mayor Pro Tern Lombard 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 March 1, 2013. City 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 -6080 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. 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, March 4, 2013 6:00 P.M. A.0 Discuss Items from Reaular Citv Council Meetina A.1 NRH Animal Adoption & Rescue Center New Facilitv Update (20 Minutes A.2 Discuss 2013 Federal Leaislative Positions (10 minutes) 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 C.0 Adiournment M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 34-2013 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: 34-2013 Subject Agenda Item No. A.1 NRH Animal Adoption & Rescue Center New Facility Update (20 Minutes) Presenter: Jared Miller, Assistant City Manager Staff and Quorum Architects will provide Council with an update on the design progress of the new NR.H Animal Adoption & Rescue Center, including the site plan, schematic design, elevations, and renderings. DICK FISHER DRIVE NORTH w w Q a U U , Z `c a « LAG GoLes V -� ENTRY V NEW PLAZA !A vvORY AARC PUBLIC RECYCLE FACILITY REC aF (9.900 S.F.) 4 DROP -OFF .. o ENTRY aaH w M,MPS ?FR I m 7Y` `w^ AFTER HOURS --r CATCH ` O DROP -DfF wABm]ow \ \\ o OUTDOOR s.NWRkRGN �1 \ � -- -- - - - -- — RUNS N S FEN ` � ' ARE S°GA` r -I OPTION I WTIONT (A} - RAVING TO OF +.L REMOVEOI AGO NEW W CURB ^— FUTURE SURGICAL CENTER GP TION � "ISTING ❑ PARKING STAFF• y VOLUNTEER 7 ! PARKIN Y F.VSTING PAVING I�WF iRAWMGI ' NORTH PRIVATE DRIVE 1 MARCH 4, 2013 NRH NORTH RICHLAND HILLS QUO uffl ANIMAL SHELTER & ADOPTION CENTER SITE PLAN Design. Spaces. People � _ -- - - AARC - NORTHEAUE ELEVA LION AARC - NORTH EXTERIOR ELEVATION - I L A - - -- AARC -SOUTH EXTERIOR ELEVATION AARC - SOUTH EXTERIOR ELEVATION —�_ FFR AARC WEST EXTERIOR ELEVATION AARC - SOUTHEAST EXTERIOR ELEVATION GET TO KNOW COURTYARD WALL MARCH 4,2013 i NRH NORTH RICHLAND HILLS Quorum ANIMAL SHELTER & ADOPTION CENTER Design. Spaces. People. ►' EXTERIOR ELEVATIONS DICK FISHER DRIVE NORTH � � sicNU.E 0 0', a� J J Z Z . o ENTRY ti NEW PLAZA >"E.PnT P1IR RECYCLE < ,. AARC FACILITY ., ^ REC'rclr — (9,90!)S.F.) \.. 51 11 1 Nr� DROP -OFF / ENTRY 0 J rwuwsreR ( n, m I C/) ' nrrcn Nouns c.r � Q' OUTDOOR „„ ` Z RUNS FENCE �F O , r� 1 L J- + 000 \ 18' OF E STING PAVING RE TO �, NE NI TC nm new s• verse way «, ❑ I NORTH PRIVATE DRIVE o s• to zs so• Elm MARCH 4, 2013 NORTH RICH! AND HILLS Quorum ' ANIMAL SHELTER & ADOPTION CENTER aces. n. Desi S People. ► SITE PLAN 9 p P 4n 41 ]a07�tON Ra 2•NP,E•R<<•I -------------------------- - - - -_----------------------- - -------- - ---------------------------------- -------------------------------------------- - - - - -- - ------------------------------------ - ------------- ----------------------------------------------------------------------------------------------------- --------------------------------------------- - -------------- ---------------- - -------------------------------------------------------------------- - ------------------------------------------------ I '� 1 - - _ 4 r --------- ----- --------------- F_ WORK STATION I I IFL_ CAT QUARN WORK (15) ROOM )�N CAT QUA ADOPTABLE SMALL STG (7 HOLD (20 SALLYPORT (24) DOGS FUTURE SALLYPORT n ISO PUPP (1 DISP EXPANSION 5) ........... GTK 11 = .LL CHECK -IN VEST WORK CA T EMP. IT AREA MED. TTOIL./ CO LONY LOBBY EXOTIC SHWR —1 F-JF STRAY IMPOUND (22) E LJ RETAIL M CI­ CORK: L MECH/ IS (3�) ELECT. W ANIT AFTER 0 0 0 0 M RECEPT\ \ CAT DROP HOUR OFF DROPOFF DISPLAY (24) L - - - - - - - - - - - ACO OUTDOOR CAT CAGE O (4) RUNS WASHDOWN 0 SUP. OFFICE BREAK ROOM DOGS CATS O FUTURE SURGICAL ADOPTABLE: 20 DISPLAY: 18 EMPLOYEE CENTER SMALL DOG ADOPTABLE: 12 REAL LIFE: 2 ENTRY REAL LIFE: 2 HOLD: 18 STRAY/IMPOUND: 22 ISOLATION: 15 QUARANTINE: 7 QUARANTINE: 15 ISOLATION: 3 TOTAL DOGS: 68 TOTAL DOGS: 66 MARCH 4, 2013 177 NORTH RICHLAND HILLS "p, Quorum: ANIMAL SHELTER & ADOPTION CENTER Design. Spaces. People. O FLOOR PLAN M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 34-2013 Subject: Agenda Item No. A.2 Discuss 2013 Federal Legislative Positions (10 minutes) Presenter: Karen Bostic, Assistant City Manager Summarv: The purpose of this agenda item is to seek City Council consensus of the 2013 (Federal Legislative Positions for the City of North Richland Hills. General Description: The legislative program is intended to be a guide to our legislators to inform them of the city's position on issues we expect will be raised during the congressional session. As in the past, we have used four guiding principles to determine our positions. These guiding principles are: • Local control • Predictable and sufficient level of revenue to provide for our residents • Opposition to unfunded mandates • Quality of life We expect the highest priorities to be: • Transportation • Rights of Way • Online Sales Tax • Maintaining Tax Exempt Status Municipal Bonds NCH City of North Richland Hills !� H L * ## 4 �?, 00 40 x /,000 � 2013 Federal Legislative Pos itions F L a4. 1 AIL .i'• ':. 4 �?, 00 40 x /,000 � 2013 Federal Legislative Pos itions FEDERAL LEGISLATIVE INTRODUCTION The United States Congress frequently creates new laws that greatly affect municipalities. Due to this relationship, the City of North Richland Hills must develop and adopt positions on the most critical federal issues that directly impact the City and its citizens, especially issues involving 1.) local control, 2.) quality of life, and 3.) municipal revenues (including unfunded mandates). Therefore, the City of North Richland Hills uses three primary principles in developing positions on legislative issues: 1. The City vigorously opposes any legislation that erodes the authority to govern our own local affairs. 2. The City opposes any legislation that dramatically impacts our ability to pay for public services and opposes the imposition of any federal mandates which do not provide for a commensurate level of compensation. 3. The City supports legislation that increases the quality of life for our citizens including legislation that encourages equitable services that increase pride and growth in our community. If an issue arises in Congress that is not included in this document, we urge our Congressional delegation to keep the City's guiding principles in mind as they make important decisions which will impact our joint- constituents. TABLE OF CONTENTS General Legislative Policy ----------------------------------------------------------- -------- ------------- - - - - -- 4 Transportation--------------------------------------------------------------------------------------------------- - - - - -- 5 Rightsof Way------------------------------------------------------------------------------------------------------- - - - -' OnlineSales Tax----------------------------------------------------------------------------------------------- - - - - -- 7 Maintaining Tax Exempt Status of Municipal Bonds ................ ............................... 8 Contacts------------------------------------------------------------------------------------------------------------ - - - - -- 9 GENERAL LEGISLATIVE POLICY As a general policy, the City of Borth Richland Hills seeks to preserve its current authority to govern the city, its citizens, and its property. As such, the City opposes legislation that: • diminishes the fundamental authority of the City, • mandates increased costs without adequate compensation, • forces a loss of revenues or a decrease in public services; • erodes requirements for reasonable compensation for use of public lands; or • erodes municipal control over local water systems. Likewise, the City supports legislation that: • advances municipal authority to conduct the public's business; • improves the health, safety, and welfare of our citizens; • responsibly and fairly increases revenues to pay for essential services, • reduces the cost of providing services; • responsibly promotes economic development, or • improves the economy and creates jobs. TRANSPORTATION = E1191 :cC:19111 ►IV� An effective and interconnected transportation infrastructure is essential to maintaining a healthy and vibrant economy. A strong intergovernmental partnership and a coordinated transportation system are keys to advancing national transportation goals and priorities. If we continue to allow our infrastructure to deteriorate through lack of investment and proper maintenance, we put America's economic success, and the success of our cities, at risk. As local governments continue to struggle with budget shortfalls, federal support for infrastructure is even more critical. The Highway Trust Fund is not keeping up with demand. Financed by federal gasoline taxes and redistributed through the states to cities and towns, it is not keeping up with the investment and maintenance needs of our transportation system. Our current system is aging and requires increasing investment just to maintain its current condition, much less improve it. Without action, the nation's aging transportation systems will further deteriorate. It is critical to our City and our region that funding be made available for road projects to improve the quality of life for all citizens through a dramatic increase in safety and managed and/or reduced travel time. It is also critical that funding be made available for alternative means of transportation, including commuter rail. 191:11 IN 1107 • The City supports full funding for federal transportation programs and initiatives that support bridges, roads, highways, transit and high -speed rail. • The City supports public- private partnerships that support transportation priorities. RIGHTS OF WAY Over many years, citizens have been required to donate their property to local governments in order for it to be used for public purposes for the common good. These rights -of -way are used for many purposes including the location of water and sewer lines, telecommunication and cable lines, as well as other various utilities. Municipalities are compensated for the use of public rights -of -way by the private industries that use them, providing a dividend to the property owners through lower property taxes. The underlying principal is that private use of publicly -owned rights -of- way is a privilege not an entitlement. Local governments are, in fact, legally obligated to control and charge for the use of rights -of -way. The Texas Constitution requires cities to receive fair market rental payments from private industries that use public land for their private gains. Local governments are also responsible for maintaining the rights - of -way to ensure the health and safety of their citizens. This enables cities to minimize service disruptions to the public, protect public investment in the rights -of -way, and assures correct placement of service lines. From time to time private entities advocate the advancement of their enterprise by requesting "relief' from local rights -of -way from the federal or state government. This "relief" comes at the expense of the local property owner who does not receive the just compensation they deserve through lowered taxes from the use of this property. The City of North Richland Hills advocates the expansion of telecommunications and other utilities through use of City rights -of -way. We just do not believe it is right to mandate access without just compensation. POSITION • The City of North Richland Hills opposes any legislation that will restrict the ability to manage our rights -of -way or that allows rights -of -way user access without appropriate compensation to the City. ONLINE SALES TAX While the internet creates myriad shopping opportunities, it has also put traditional retail outlets at an unfair disadvantage. In recent years, Main Street retailers have become local showcases for remote purchase by customers who believe they get a discount by not paying sales tax. On the contrary, these consumers are required to pay the applicable sales tax for their online purchases. While the brick - and - mortar retailer collects the sales tax at the time of purchase in a store, right now the responsibility shifts to the internet customer who is supposed to pay the sales tax when filing their annual state tax returns. However, most taxpayers are not aware of their responsibility and state and local governments do not have the resources to enforce payment. This puts main street retailers at a competitive price disadvantage compared to remote sellers. It is estimated that state and local governments lose approximately $23 billion per year in uncollected sales tax. POSITION • The City of North Richland Hills supports federal legislation to level the playing - field between e- commerce and brick and mortar retailers by giving state and local governments the authority to collect sales taxes on remote sales. MAINTAINING TAX EXEMPT STATUS OF MUNICIPAL BONDS As Congress and the Administration look for revenue to reduce the deficit and fund programs the federal income tax exemption provided to interest paid on state and municipal bonds is under threat. Since the federal income tax was instituted in 1913, interest earned from municipal bonds issued by state and local governments have been exempt from federal taxation. These bonds are the primary financing mechanism for state and local infrastructure projects, with three - quarters of the infrastructure projects in the U.S. built by state and local governments. Local governments save an average of 25 to 30 percent on interest costs with tax - exempt municipal bonds as compared to taxable bonds. This is true because investors are willing to accept lower interest on tax- exempt bonds in conjunction with the tax benefit. If the federal income tax exemption is eliminated or limited, states and localities will pay more to finance projects, leading to less infrastructure investment or a greater burden on citizens who will have to pay higher taxes and fees to do the same projects. The need for infrastructure investment is critical. Much of this need must be met by states, counties and cities. Tax - exempt municipal bonds are the primary tools for doing so. 191:11 r 1107 • The City of North Richland Hills supports continuation of the tax- exempt status for municipal bonds, thereby providing the primary funding source for local infrastructure projects. CONTACTS City of North Richland Hills 7301 NE Loop 820 P. O. Box 820609 North Richland Hills, Texas 76180 (817) 427 -6000 Fax: (817) 427 -6016 http Mark Hindman City Manager (817) 427 -6+003 Email: mhindman@nrhtx.com Karen Bostic ** Assistant City Manager (817) 427 -6005 Email: kbostic@nrhtx.com Mayor and City Council Oscar Trevino, Mayor Tom Lombard — Mayor Pro Tem Sixto "Tito' Rodriguez — Place 1 Rita Wright Oujesky — Place 2 Dr. Tim Barth — Place 4 David Whitson — Place 5 Scott Turnage — Place 6 Tim Welch — Place 7 ** Karen Bostic is the primary legislative contact for North Richland Hills M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date 34-2013 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 34-2013 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, March 4, 2013 7:00 P.M. A.0 Call to Order - Mavor Trevino A.1 Invocation - Councilman Rodriquez A.2 Pledge - Councilman Rodriquez A.3 Special Presentation(s) and Recoanition(s) No items for this category. AA 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.5 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 February 25, 2013 Citv Council Meeting W=ali i11 ON I I :a1l\I, C.1 SUP 2013 -01 Public Hearina and Consideration of a request from Rick Jordan for a Special Use Permit for an Accessory Buildinq larqer than 500 square feet on 1.0077 acres at 7416 Eden Road - Ordinance No. 3241 C.2 TR 2013 -01 Public Hearina and Consideration of Amendments to the Transit Oriented Development (TOD) District Code in the Comprehensive Zoninq Ordinance of the City of North Richland Hills. Ordinance No. 3240 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.1 Authorize the Citv Manaaer to Execute a Professional Aareement with Lee Enaineerina in the Amount of $51,400 for the Signal Timina Svnchronization Update Project ST1301. F.1 Award RFB No. 13 -010 for Street Riahts- of -Wav Mowina Services to VMC Landscape Services, LP for $150,705.00 F.2 Renew Annual Contract with VMC Landscapina Services for Parks Mowina Services F.3 Consider a Resolution declarina the Citv's Support of and Consent to the Creation of the Cotton Belt Commuter Rail Improvement District - Resolution No. 2013 -001 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Mavor Pro Tern Lombard H.2 Adiournment M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date 34-2013 Subject Agenda Item No. A.0 Call to Order - Mayor Trevino M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date 34-2013 Subject Agenda Item No. A.1 Invocation - Councilman Rodriguez M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 3 -4 -2013 Subject: Agenda Item No. A.2 Pledge - Councilman Rodriguez M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date 34-2013 Subject Agenda Item No. A.3 Special Presentation(s) and Recognition(s) No items for this category. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 3 -4 -2013 Subject: Agenda Item No. A.4 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 34-2013 Subject Agenda Item No. A.5 Removal of Item (s) from the Consent Agenda M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 34-2013 Subject Agenda Item No. B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items Fisted 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 RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 3 -4 -2013 Subject: Agenda Item No. B.1 Approval of Minutes of February 25, 2013 City Council Meeting Recommendation: To approve the minutes of the February 25, 2013 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 — FEBRUARY 25, 2013 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 25 day of February 2013 at 6:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Tom Lombard Tito Rodriguez Rita Wright Oujesky Tim Barth David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tern, Council, Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 Staff Members: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Kristin James Stan Tinney Greg VanNieuwenhuize Kirk Marcum Kyle 'McAfee Andy Kancel Stacey Udoni Call to Order City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary City Attorney Assistant to City Manager Fire Chief Engineer Assistant Fire Chief Assistant Fire Chief Assistant Police Chief Public Works Management Assistant Mayor Trevino called the work session to order at 6:30 p.m. A.0 Discuss Items from Reaular Citv Council Meeting There were no questions from Council. A.1 2012 Racial Profilinga Report Chief Perdue presented the annual Racial Profiling Report required by statute. During calendar year 2012 one racial profile complaint was filed and after investigation was determined to be unfounded. Alex del Carmel, PH.D., of Del Carmen Consulting was hired to analyze the racial profiling data collected by the Police Department in 2012. Dr. del Carmen concluded that the North Richland Hills Police Department has complied with the Texas Racial Profiling Law. The report shows the Department to be consistent in the racial /ethnic composition of motorists it comes in contact with each year. B.0 EXECUTIVE SESSION! - The City 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 551.072 Texas Government Code to Deliberate the Lease of Citv Pror)ertv for an Oil and Gas Lease Mayor Trevino announced at 6:34 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 551.072 to deliberate the lease of city property for an oil and gas lease. C.0 Adiournment Mayor Trevino announced at 6:39 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order February 25, 2013 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Mayor Tom Lombard Mayor Pro Tem, Council, Place 3 Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary Attorney A.1 INVOCATION Councilman Barth gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Barth led the pledge of allegiance. A.3 SPECIAL PRESENTATION AND RECOGNITION(S) No items for this category. A.4 CITIZENS PRESENTATION Ms. Haley Whatley presented the Council with a memento from her 13 Annual Bunny & Bear Drive benefiting Cook Children's Medical Center in Fort Worth. Donation boxes are located in the lobbies of the Library, NR'H Centre and City Hall. Ms. Whatley encouraged everyone to give generously and help raise an enormous amount of stuff animals to ensure that each child receives at least one. The 13 Annual Bunny and Bear Drive ends March 7th. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF FEBRUARY 11, 2013 CITY COUNCIL MEETING B.2 APPROVE A CHANGE ORDER TO AN EXISTING CONTRACT WITH JDK ASSOCIATES, INC. IN THE AMOUNT OF $10,758 COUNCILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.0 PUBLIC HEARINGS CA CONDUCT A PUBLIC HEARING AND APPROVE THE 39TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM — RESOLUTION NO. 2013.009 APPROVED Mayor Trevino opened the Public Hearing. Kristin James, Assistant to City Manager, presented the item. The City participates in the CDBG program and each year the City must prepare and submit a CDBG program outlining the use of the funds in accordance with HUD guidelines. The City is proposing to use the funds for the 39 CDBG program in the following manner: • Replacement of 1,050 linear feet of sewer pipe located along Harmonson Road, between Honey Lane and Lochridge Court. The City has submitted an application to Tarrant County who administers the program. The City is required to hold a public hearing to receive comments and input from citizens regarding the proposed 39 CDBG program. Following the public hearing, a resolution to approve the program is required. Mayor Trevino called for comments on the 39 year CDBG program. There being no one wishing to speak, Mayor Trevino closed the public hearing. MAYOR PRO TEM LOMBARD MOVED To APPROVE RESOLUTION No. 2013 -009. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. 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 TEXAS GOVERNOR'S OFFICE CRIMINAL JUSTICE PROGRAMS COMPETITIVE GRANT - RESOLUTION NO. 2013 -008 APPROVED Andy Kancel, Assistant Police Chief, summarized the item. The Criminal Justice Division of the Texas Governor's Office has notified the Police Department that grant funds have been allocated to assist in funding law enforcement programs in the Council of Government's North Central Region under the 2014 CJD Criminal Justice Programs Competitive Grant #26824 -01. If awarded, the Police Department plans to use the funds to purchase a Remote Operated Tactical Robot. The goal of the tactical robot is to reduce the danger level of having to send personnel into an incident scene to gather information and intelligence. By using a tactical robot to enter a potentially hazardous situation, not only is the threat level to the officers reduced, but the additional intelligence a tactical robot could obtain would help incident commanders analyze situations and respond accordingly. The total of the grant request is $40,000. This cost includes a warranty provision and training of personnel to operate the tactical robot. There are no matching funds required and no additional costs are anticipated. The grant funds are passed through the Criminal Justice Division and will be dispersed on a competitive basis throughout the NCTCOG's 16- county region. COUNCILMAN RODRIGUEZ MOVED To APPROVE RESOLUTION No. 2013 -408. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.2 APPOINTMENTS TO PARKS & RECREATION BOARD - PLACE 4 & ALTERNATE APPROVED Patricia Hutson, City Secretary, summarized the item. The Place 4 position on the Parks and Recreation Board is currently vacant. The Code of Ordinances provides that the City Councilmember who holds the corresponding council place will make appointments to this Board. Councilman Barth is recommending that Paul Pena, who is currently serving as an alternate, be appointed to the Place 4 position. Mr. Pena has served on this board in the alternate position since July 2011. Mayor Trevino is recommending that Beverly Hunt be appointed to replace Mr. Pena as the alternate. COUNCILMAN BARTH MOVED TO APPROVE THE APPOINTMENTS OF PAUL PENA TO THE PLACE 4 POSITION AND BEVERLY HUNT TO THE ALTERNATE POSITION ON THE PARKS & RECREATION BOARD. MAYOR PRO TEM LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.3 RESCHEDULE THE MARCH 11, 2013 CITY COUNCIL MEETING TO MARCH 4, 2013 APPROVED Patricia Hutson, City Secretary, summarized the item. Several Council members will not be in the city for the March 11, 2013 City Council meeting. Council discussed rescheduling the meeting during the February 11 Council Work Session. The consensus of the City Council was to reschedule the meeting to March 4, 2013. COUNCILMAN TURNAGE MOVED TO APPROVE THE RESCHEDULING OF THE MARCH 11, 2013 CITY COUNCIL MEETING TO MARCH 4, 20'13. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. G.0 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORD SESSION AGENDA Jared Miller, Assistant City Manager presented the item. Chesapeake Energy Corporation has approached the City seeking three year leases on 1.406 acres at 9015 Grand Avenue the NRH Public Library. The lease terms are $2,500 per acres and 25% royalties. MAYOR PRO TEM LOMBARD MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN OIL AND GAS LEASE FOR APPROXIMATELY 1.406 ACRES OF CITY PROPERTY LOCATED AT 9015 GRAND AVENUE. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilwoman Wright Oujesky made the following announcements. Camp NRH Forget school and have some fun. Spend your spring break at the NRH Centre! Activities include arts and crafts, dodge bail, gym games and trips to the park. Participants will also spend one day on a field trip. Camp NRH is open to children ages 6 to 12. Space is limited, so register early. To register or get more information, please call the NRH Centre at 817- 427 - 6600. Community Emergency Response Team Training Community Emergency 'Response Team (CERT) training promotes a partnership between emergency service providers and the community they serve. If a disaster or emergency strikes North Richland Hills and overwhelms or delays emergency responders, CERT members will be called upon to help save and sustain lives until additional emergency responders arrive. The next CERT class begins on March 20, 2013. CERT is open to NRH residents and those who work in North Richland Hills. There is no cost to participate, but space is limited and advanced registration is required. St. Patrick's Day Golf Tournament The St. Patrick's Day Golf Tournament at Iron Horse Golf Course will be held Sunday March 17 with an 8:00 AM Shotgun 4- player Scramble. The price of the tournament is only $65 per player. This fee includes the round of golf, cart, GPS, lunch, and 2 green beverages. RSVP by March 15, 2013. For more information call 817 -485 -6666 Kudos Korner - Mark Powers, Jack Kessler and Jeff Blalock, Fire Department. A resident sent a card and letter expressing deep appreciation to Mark, Jack and Jeff for their prompt response when her mother fell and broke her hip while shopping. They not only took her jeep home with the groceries but even put up the cold items. After taking the keys to the neighbor they called her husband to explain the situation. Words cannot express how far and above their duties they went to assist her mother. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:23 p.m. Oscar Trevino — Mayor r1a11*16 Patricia Hutson, City Secretary M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date 34-2013 Subject Agenda Item No. C.0 PUBLIC HEARINGS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 34-2013 Subject: Agenda Item No. C.1 SLIP 2013 -01 Public Hearing and Consideration of a request from Rick Jordan for a Special Use Permit for an Accessory Building larger than 500 square feet on 1.0077 acres at 7416 Eden Road - Ordinance No. 3241 Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: Rick Jordan is requesting a Special Use Permit for an accessory structure greater than 500 square feet in area on an existing single - family property located at 7416 Eden Road. CASE DESCRIPTION: The proposed structure is a 30 -foot by 50 -foot (1,500 square feet), 14 -foot high metal building with a 4:12 pitched roof and concrete foundation. Standard 2 -car garage doors are provided on the north, west and east sides of the building and an access door is provided on the north side of the building. Although of metal construction, the building is proposed to be clad in masonry (off-white/It. stone in color). The applicant has expressed that the primary purpose for the building will be the storage of lawn care and gardening appurtenances and will be sufficient in size to store all such equipment that is currently stored outside or in other accessory buildings on the lot. All other accessory buildings would be removed as a result of this new building. The proposed building will also be in the same location as a wood accessory building of about the same size that was recently removed. EXISTING ZONING: AG Agricultural EXISTING PLATTING: Unplatted and currently described as Tract 1C of the Oziah Rumfield Survey, Abstract No. 1365. F1Blll _[I] 4►Iw1kel►II►101W_1►IBILI - - 1:1 North: AG I Low Density Residential East: AG 1 Low Density Residential South: AG 1 Low Density Residential West: AG I Low Density Residential THOROUGHFARE PLAN: The property fronts Eden Road, a planned "C4U" four - lane undivided collector street with 68 feet of right -of -way. Approximately 50 feet of right -of -way exists today. STAFF REVIEW: Staff has had a difficult time determining the best recommendation to P &Z and Council for this particular request. As mentioned above, the proposed building would consolidate all accessory buildings on site into one and would be constructed in the same footprint as a dilapidated wood structure that was demolished in 2009. He is thus requesting a building that will store what is currently on the property and what had been stored before. The applicant has also stated that the character of the area is more rural— surrounded by large AG -zoned lots —and barns or accessory buildings in the area are prevalent and must sometimes be larger. However, the size of the proposed "accessory" building (1,500 sq. ft.) is not proportionally "accessory" to the primary residence (1,800 sq. ft.) or the lot on which it sits (1 acre). The single -story primary residence has a 'low -pitch roof and was built in 1966 according to the Tarrant Appraisal District. The proposed accessory building would be close in size and height to the residence. Additionally, the property is unplatted and zoned AG and is thus considered legal nonconforming because the lot area and the primary use of the lot do not meet the AG zoning district standards. If /when the property redevelops, a plat will be required and right -of -way will be necessary for Eden Road, causing the acreage of the property to drop below 1 acre. There is currently no zoning category in North Richland Hills for properties less than 1 acre that would allow accessory buildings greater than 500 square feet. So while this property may be zoned AG, it would otherwise not have the option to develop an accessory building larger than 500 square feet. Because a Special Use Permit is equivalent to a zoning change, it is not recommended that an increase in the nonconforming status of the property be approved. To the applicant's credit, the current proposal is significantly scaled back from the original proposal to the Development Review Committee, which was a 2,040 square foot full metal building with a height of 16' 6" and a garage bay door of 14'. The building would have had a greater presence on the lot than the primary residence. The size, height and construction were revised per DRC's review comments to the current submittal. STAFF RECOMMENDATION: For the reasons expressed above, staff recommends denial of SUP 2013 -01. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission considered this item at their February 21, 2013 meeting and recommended approval (6- 1) to City Council. LOCATION MAP I j I I - r j - r;1;i1 Kirk Ln I 1 Rumfi� IJ 1 1-IJ r ter, cil I-- a_ aae 13 s 1 11 � � 1 r l z AERIAL PHOTO L_ M, T5 Sr ' �' c •,k {"a f t ,�, n V N a }_ � 51 ah Gir N .. . `... v All r d '3'd. t PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS �y S ,'tom CITY COUNCIL Case Numbers: SUP 2013- 01 Applicant: Rick Jordan Location; 7416 Eden Road You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. 1'u n 11 1, 1 u � A u11WIN 11, urh. . ' i . . .. 1 u..;, . I 1 ■ Purpose of Public Hearing: A Public Hearing is being held to Consider a request from Rick Jordan for a Special Use Permit for an Accessory Building larger than 500 square feet at 7416 Eden Road. Public Hearing Schedule: If recommended for approval by the Planning and Zoning Commission at their upcoming meeting on Thursday. February 21, 2013 this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, MARCH 4, 20113 Meeting Time: 7:00 P.M. Meeting Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (8 17) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Jordan, Ricky Etux Susan M Darlene Mann EtaI Stephens, James Ray 7418 Eden Rd 3113 Forest Ave Ste B 7424 Edens Rd NRH Tx 76182 -3208 Fort Worth Tx 76112 -7061 Fart Worth Tx 76182 -3208 Shelby, Rick D Etux Andrea K 8912 Eden Rd. NRH Tx 76182 -3210 Stephens, Todd C Etux Tracey C 7417 Eden Rd Fort Worth Tx 761 82 -3209 McCarty, C Jack & Dana McCarty 8800 Rumfield Rd NRH Tx 76182 -6131 McCarty, Cary J Etux Dana V 8800 Rumfield Rd NRH Tx 76182 -6131 Pate, Thomas 7401 Eden Rd NRH Tx 76182 -3209 Blakeman, Philip Etux Jillian 7400 Eden laid NRH Tx 76182 -3208 Weiss, Perry G Blankenship, Boe W Etux Angela Schafer, Robert E Etux Norma J 7404 Eden Rd 7317 Hialeah Cir W 7321 Hialeah Cir W Fort Werth Tx 76182 -3208 Fort Worth Tx 76182 -3231 Fort Worth Tx 76182 -3231 ORDINANCE NO. 3241 SUP 2013 -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 AN ACCESSORY STRUCTURE TO EXCEED 500 SQUARE FEET ON PROPERTY LOCATED AT 7416 EDEN ROAD; 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 an accessory structure to exceed 500 square feet located at 7416 Eden Road. 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 two times. Section 4: This ordinance shall be in full force and effect immediately after passage. PASSED AND APPROVED on the 4th day of March, 2013. I:� ATTEST: Patricia Hutson, City Secretary 1-1 U ;j:ZG] ►1 =1 12-114 11011 to] N k', I,1:I III I *Y-AI I I wis George A. 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SE65m eA 6ia[a ptrv� Iry !Apt Wa(Ax reprasew . rtae � made ehegroundo de f 4 ICn aecxnbFf 2 Ali e}tha Awr b— aexe trx@deettfEad here Rang Vlei In µyry p^Wrwmara and mmericwnasMwn hxeln arr as Mtlkam6. '. MILLER Surveying, Inc. Residen4al • Gommerctal • Municipat 430 Mid C3bes Blvd. Hu rot, Tex&. 7@054 897.577.1052 Fax 817.977.0972 Ydaw. Nf iller5urveyFlg•Inc "com M Nn ISI M -FNI FIN 12136 EXCERPT FROM THE MINUTES OF THE FEBRUARY 21, 2013 PLANNING AND ZONING COMMISSION MINUTES SUP 2013 -01 Public Hearing and Consideration of a request from Rick Jordan for a Special Use Permit for an Accessory Building larger than 500 square feet on 1.0077 acres at 7416 Eden Road. Rick Jordan, 7416 Eden Rd, NRH came forward requesting permission to build an accessory building on the property to replace some existing buildings that will be torn down. The intent of the building is to store diesel tractor, truck trailers, and garden equipment and to store items on the property that is on the fence rows to clean up the property. The design of the building and cleaning up the property will greatly improve the appearance of the property. There are three sides to the building which will allow easy access of getting to and storing the equipment. Clayton Comstock came forward with the Staff report stating this request for Special Use Permit for accessory building greater than 500 square feet at the residence located at 7416 Eden Road. We notified everyone within 200 square feet of the property for this request. Mr. Jordan stated he has extensive gardening equipment and wants to demolish the existing accessory buildings and consolidate into one accessory building. The proposed site plan for the building is 30x5O feet metal construction with masonry exterior in the same location where a wood structure was previously located and removed in 2009. The height of the building is 10 feet 6 inches to the eave and about 13 -14 to the peak of the roof; the pitch of the roof is similar to the primary residence. The property is currently zoned AG today, if Mr. Jordan were to come in for a new residential permit for new construction, he would have to plat and rezone his property. The existing zoning AG does not permit single family residences by right according to the Permitted Use Table. The Agricultural zoning district is really meant for agriculture. What Staff has determined with this application was a continuance or increase of the non - conforming use of the property because he has a single family residence on a non - forming lot of the AG district. It needs to be rezoned and replatted as a result of this application. Unfortunately because he has close to an acre, if you were to come in and replat, that plat would force him under one acre and there is no zoning category within the City of North Richland Hills that permits accessory buildings greater than 500 square feet on property less than one acre. It would only be allowed on AG and R -1 S zoned properties. So, if he were to plat, he would have to re -zone and the re- zoning would be one that would not permit an accessory structure larger than 500 square feet. With all that explained, Staff does recommend denial of this application simply for the size of the building in an access of what we believe in keeping of the residential character of the area. Chairman Shiflet opened the Public Hearing and asked if anyone wished to speak for or against. Seeing none, he closed the Public Hearing and entertained a motion. APPROVED Don 'Bowen motioned to approve SUP 2413 -41 as proposed. The motion was seconded by Mark Haynes, Steven Cooper voted to deny (6 -1). Don Bowen said he knows Eden Road is proposed to be a C -4 -U and he is still likely to lose below one acre is he ever decides to repat or make an addition to his house. But since there is likely no funding for the Eden Road project in the near future, it is a low priority. For these reasons, I move we approve the request. Chairman Shiflet said he has questioned Staff since we have received this request and have driven the area. There are about ten other properties on Eden and Kirk Lane very similar in characteristic to what is being requested, it would be my desire that the Planning and Zoning Commission approve this to at least allow our Mayor and City Council to have the opportunity to review the request. Steven Cooper asked if the notification was sent out to the residents and was there any feedback from the neighbors? Clayton Comstock said yes, everyone within 200 feet of any public hearing and there was no feedback from anyone. Steven Cooper said one of his concerns would be that since it is such a large building there were no complaints from surrounding neighbors. Clayton Comstock said the letters that go out simply state what the request is "accessory building greater than 500 square feet." The exact amount of the square footage (1500 square feet) was not noted on the letter. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 34-2013 Subject: Agenda Item No. C.2 TR 2013 -01 Public Hearing and Consideration of Amendments to the Transit Oriented Development (TOD) District Code in the Comprehensive Zoning Ordinance of the City of North Richland Hills. Ordinance No. 3240 Presenter: John Pitstick, Director of Planning & Development Summary: Text revisions to the Transit Oriented Development (TOD) Code are being brought forward following work sessions and a public hearing before the Planning & Zoning Commission. The TOD Code was adopted in 2009 along with the rezoning of 280 acres in the Smithfield area. New text revisions are based on changes made to the Town Center Code in 2011 with new input from consultants to encourage quality controls with a feasible development plan for land surrounding the future commuter rail stations at Smithfield and Iron Horse. These proposed changes will initially affect the Smithfield area. The Iron Horse area is not being rezoned at this time and rezoning of Iron Horse area will be contingent on efforts for establishing a time line for commuter rail through TEXRail and Cotton Belt initiatives. TOD Historv: The Transit Oriented Development Code was adopted in 2009 as part of two new strategic areas (Iron Horse and Smithfield) surrounding the future commuter rail stops. Both Iron Horse and Smithfield are part of a network of the regional rail system. Gateway Planning Group assisted in developing the initial TOD Code to promote a mixture of uses with a pedestrian friendly environment in preparation for the future rail service. In 2009 the Smithfield area was rezoned. As a result of the rezoning of the Smithfield area, a $2.8 million grant was awarded by the Council of Governments to extend Snider Street north from Main Street to stimulate mix use development in Smithfield. Staff is working with potential developers to take advantage of private /public development for Smithfield along the extension of Snider Street. The Iron Horse area was not rezoned in 2009 because of hesitancy from a few land owners as to when the rail would be online. Staff is proceeding with the TOD text revisions that will be in effect for the Smithfield area. The rezoning of the Iron Horse properties could be several months away depending on the TEXRail or Cotton Belt initiatives that are contingent on state and federal assistance. Both TEXRail and Cotton Belt representatives are planning for rail service in 2017 or beyond. Summary of TOD text chanaes: 1) Permitted uses — Restricting unwanted uses such as heavy construction or manufacturing, alternative financial and second hand dealers. Light manufacturing and assembly allowed related to electronics and cottage industries. 2) Mixed Use Criteria becomes guidelines administered by the Development Review Committee balancing a mix of uses based on surrounding uses and acreage percentage of entire character zone. 3) Parking ratios are adopted from Home Town with shared and on- street parking allowed. 4) Public Open Space adopted from Home Town standards - 5% of gross acreage required for public open space. Private personal open space requirements for porches, stoops, patios, decks, balconies or roof terraces. 5) Build to zones defined by either buildings, 4 foot street screen or public plaza 6) Block Standards revised to accommodate character zones and different Smithfield and Iron Norse districts. 7) Apartment buildinas oniv allowed in TOD Core with density and quality amenities - Smithfield TOD Core — 25 dwelling units per acre minimum -Iron Norse TOD — 30 dwelling units per acre minimum with required structured parking - Apartment buildings required amenities: - Elevators, enclosed air conditioned stairways and corridors, alarm systems, sprinklers, roof top HVAC, latest energy code, elevated entryways, 30% of building face with doors and windows, at least one of. porches, stoops, bay windows, balconies. 8) Sinale family detached only allowed in TOD Residential and General Mixed Use zones, Townhomes only allowed in TOD Core, TOD Residential and General Mixed Use zones, Alleys required on all single family lots less than 60 feet in width, 40 feet minimum width for single family, 25 minimum width for townhomes. 9) Architectural requirements promote new urbanist buildings but allow for contemporary design 10)Buildinq materials & construction -75% brick, stone, the and architectural block required in Historic core, Arterial zone, High Intensity zone - Stucco and hardyboard restricted to upper floors and a maximum of 50% of the block face on the first floor of any building in TOD Core and General Mixed Use zones -All mixed use buildings with 3 or more stories requires non - combustible commercial construction on first floor with 2 -hour fire separation from upper residential floors (clear separation and built to commercial standards — no flexible first floor residential uses) Revisions from P &Z work sessions: A work session was held on (February 7, 2013 and public hearing on February 21, 2013 to go over proposed TOD Code revisions. Staff is using lessons learned from the Town Center revisions along with suggestions from Needham McCaffrey Associates in preparing text revisions to the TOD Code. Staff has tried to keep changes simple and have included a copy with proposed staff changes in "red ". Specific changes occurring from the P &Z work session have been highlighted. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission met on February 21 and voted 7 to 0 to approve TOD text revisions and Ordinance No. 3240. Staff Recommendation: City Staff recommends approval of Ordinance No. 3240. City of North Richland Hills Transit Oriented Development Code (2013 Revisions with mark ups) Section 118 -561. Purpose and Intent: The purpose of the Transit Oriented Development (TOD) Code is to support the development of the community's Station Areas into pedestrian - oriented, mixed -use urban development environments, with convenient access to rail transit, shopping, employment, housing, and neighborhood retail services. The goal of each Station Area is to encourage an efficient, compact land use pattern; encouraging pedestrian activity; reducing the reliance on private automobiles, promoting a more functional and attractive community through the use of recognized principles of urban design; and allowing property owners flexibility in land use, while prescribing a high level of detail in building design and form. The TOD Code implements the vision for each Station Area as established in the city's Comprehensive Land Use Plan and the Illustrative Master Plans (Appendix D and E). Each Station Area is envisioned as a distinct neighborhood with unique development and redevelopment opportunities. Specifically, the zoning district will guide the private development decisions on a market based approach with flexibility in use and density for both Station Areas. a. Smithfield Station Area: The goals for the Smithfield Station Area are to foster a vibrant, mixed use urban neighborhood within a % mile walking distance from the fiuture commuter rail stop. This code is intended to allow existing buildings and uses to transition to a higher intensity, walkable areas with shops, cafes, employment, residences, and civic uses. In addition, development within the Smithfield Station area would be sensitive to the existing historic resources and adjacent stable residential neighborhoods while providing opportunities for future redevelopment and new development. b. Iron Horse Station Area: The goals for the Iron Horse Station area are to foster a major regional employment center with significant regional retail and residential uses within convenient walking distance from the future transit station. Development and redevelopment within this station area would be higher intensity accommodating large scale office and retail users while providing for moderate scale mixed use in the immediate vicinity of the station. The Transit Oriented Development Code provides clear graphic standards for the location, height, and building elements to achieve good urban design. The Smithfield and Iron Horse Illustrative Master Plans (Appendix D and E respectively) shall provide general guidance to property owners, developers, and the City on the form, character, and intensity of future development in these station areas. Section 118 -562. Components of the Code: a. The TOD Code shall apply to both Station Areas unless otherwise specified in the Code. b. The Regulating Plan for each Station Area shall be the official zoning map for that Station Area. It shall establish the development standards for all lots within the two Station Areas including: i. Character Zones - Each Station Area is further distinguished into "Character Zones ". A Character Zone within each Station Area is intended to create a distinct urban farm different from other Character Zones. Each Character Zone shall establish use and building standards including height, bulk, building and parking location, and functional design for all lots within that Character Zone. The Regulating Plan classifies all lots within both Station Areas into one of seven Character Zones. Some Character Zones are Station Area specific. The different Character Zones are based on historic and regional architectural traditions and development intent to create a built environment that is consistent with the vision for the two Station Areas. ii. Special Frontage Standards - The Special Frontage standards in each Station Area establishes exceptions and special conditions for new and redeveloped buildings along that designated frontage. These Special Frontage standards shall apply in lieu of or in addition to the underlying Character Zone standards. iii. Street Type Specifications - The Street Type Specifications illustrate configurations for significant existing and new streets within each station area. The Specifications address vehicular lane widths, number of lanes, pedestrian accommodation, street tree requirements, on- street parking, and parkway and median standards (streetscape standards). iv. Required Street Network - The Required Street Network is comprised of future streets needed to adequately accommodate trip volumes generated by the likely build out scenario presented in the Illustrated Plan. t he fat o tr,% needed t o Wi=t lk�. `"tom ox J Nv. Rmat- t AM, !_'%H. The Required Streets shall be mandatory and shall generally meet the locational and connectivity goals of the Regulating Plan fmd �he iatcd llama Maacar Ian. Their design shall be guided by the Street -Type Specifications. v. Recommended Street Network - The Recommended Street Network indicates the future desired streets to implement the Station Area Illustrative Master Plan. Their location is not mandatory and their design shall be guided by the Street Type Specifications. Required Civic /Open Space - T1&4L - quir - od CA i&Gpoa Op-aca Claall be4hc la3a`r.m of - IliGd �, a-md pYCVDeed b b'-I& buL and AA-i van b sd ciTnalcr� x-cc (sal idi�x p'_a =, axd sees)- Public Civic and Open Spaces shall comply with the standards included in Section 118 -570. vii. Recommended Civic /Open Space - The Recommended Civic /Open Space designation shall indicate the locations of desired civic buildings (public buildings and religious buildings) and open spaces (including parks, plazas, and squares) to implement the Illustrative Master Plan. c. Transit Oriented Development Code Text: The Transit Oriented Development Code tart (the text portion of this Ordinance) shall enumerate the use and development standards with text and graphics including Character Zones, Special Frontage, street type, civic space, landscape, architectural, signage, lighting, and all related standards for all streets, and public and private development. d. The development standards under Chapter 118 of the City of North Richland Hills, as amended, shall not apply to the Station Areas except as specifically referenced herein. Development standards not addressed in this ordinance shall be governed by the City of North Richland Hills Zoning Ordinance to the extent they are not in conflict with the intent of the Transit Oriented Development Code. e. Using this Code: Wherever a word begins with a capital letter, consult the definitions for the specific meaning. In order to understand what the Ordinance allows on property within each Station Area there are three basic steps: 1. Look at the Regulating Plan for the corresponding station area. Find the subject property on the Regulating Plan. Identify the Character Zone the property is located in and the Street Type designation along all its street frontages. In addition identify any Special Frontage Requirements applicable to the subject property. 2. The Schedule of Uses by Character Zone is listed in Table 5.1 and for Building Form and Development Standards refer to the corresponding zone standards in Section 118 -566 of this ordinance. 3. Refer to Section 118- 564€ for Special Frontage Standards, Section 118 -567 for Street Type and Streetscape Standards, and Section 118 -568 for Architectural and Urban Design Standards. The information from the above listed three steps explains where the building will sit on the lot, the limits on its three dimensional form, the range of uses, and the palette of materials that will cover it. For exact dimensions specific to a particular property, application process, or for information on Special Development Plans, consult with City Staff. Section 118 - 563. Definitions In addition to Definitions in Chapter 118 -1 in the City of North Richland Hills Zoning Ordinance, the following terms shall have the corresponding interpretations. Attics /Mezzanines: the interior part of a building contained within a pitched roof structure or a partial story between two main stories of a building. Auto - Related Sales and Sen�ice Uses: are establishments that provide retail sales and services related to automobiles including, but not limited to, cars, tires, batteries, gasoline, etc. Bonus Provisions: the specific development incentives available for development within some Character Zones based on desirable criteria. Build -to Zone: the area within which the principal building's front facade is to be built. Build -to Line: the line at which the principal building's front facade shall be built. Building Form Standards: the standards established for each Character Zone that specifies the height, bulk, orientation, and elements for all new construction and redevelopment. Building Frontage: the percentage of the building's front fagade that is required to be located at the front Build -to Line or Zone as a proportion of the block frontage along that public street. Parks, plazas, squares, and pedestrian breezeway frontages shall be considered as buildings for the calculation of building frontage. 9ullding (D4rint 3uriace park Alley &FfE- PBrMn4 5quaraPlasa 1 / T puaK sr�se 7 1 1 1 Building Types: the classifications of different buildings by general function (building use) that also has implications on the scale, proportions, and architectural design of that specific building. Character Zone: each Character Zone is intended to create a distinct urban form different from other Character Zones. Bui ding frmiaga = Ef) A Image showing hour building f -ontage is calculated along a block or lot. CiviclOpen Space: means publicly accessible open space in the form of parks, courtyards, forecourts, plazas, greens, pocket parks, playgrounds, etc. They may be privately or publicly owned. For all residential uses, privately accessible open spaces such as courtyards, porches, and balconies may also be considered as Civic /Open Space for the purposes of this ordinance. Square means a civic /open space available for unstructured recreation and civic purposes. A square is spatially defined by buildings. Its landscape shall consist of landscaping, hardscaping, water features, pathways, and pedestrian amenities arranged in formal and informal patterns. Squares shall be located at the intersection of important streets. 1 1 Plana means a primarily hardscaped civic /open space that provides for a pedestrian gathering with formal landscaping, available for civic purposes and commercial activities. A plaza shall be spatially defined by buildings. Plazas include piazzas, courts, malls, market places and other such lateral expansions of the public way or additions to the public way that provide for civic, commercial or ceremonial pedestrian activities. 11 -01 Playground means a civic /open space designed and equipped for children's recreation. A playground shall be fenced and may include an open shelter. Playgrounds shall be located within residential areas and may be placed within a block as illustrated. They may be included in other open spaces. Comprehensive Land Use Plan: City of North Richland hills Comprehensive Land Use Plan that establishes the blueprint for the long -term growth and development of the City. Concept Plan: a plan that is intended to illustrate the general development pattern proposed and meets the requirements of Section 118 -571 of this ordinance. Dei Revieiv Committee (DRC): is a committee comprised of a representative f - oni each of the various city departments in charge of reviewing and approving development applications within the two TOD areas. Encroachment: any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a Setback, into the Public R -D -W, or above a height limit. Illustrative Master- Plan: is the building scale master plan that provides the guidance for future development and redevelopment of each of the two station areas. It indicates the general location of buildings, uses, streets, open spaces, and parking within both TOD areas Land Use Mix Criteria: shall be the relative percentages of commercial, civic, residential, and other uses within a specific Character Zone. The Land Use Mix Criteria may apply to a specific development or to an entire Character Zone. Light Manu, factuiIng & Industrial Uses: Includes assembly and light manufacturing of commodities (incl. electronics) fully enclosed within the building without producing any noxious odors, gas, or other pollutants. This category shall include workshops and studios for cottage industries such as pottery, glass - blowing, metal working, screen printing, weaving, etc. Live -Work Unit: A live -work unit is a dwelling unit that is also used for work purposes, provided that the `work' component is restricted to the uses of professional office, artist's workshop, studio, or other similar uses and is located on the street level. The `live' component may be located on the street level (behind the work component) or any other level of the building. Lining Fence: shall be a Street Screen composed of landscaping in the form of vegetation. Multiunit House: A two story residential building on a single platted lot containing at least 3 and no more than 5 individual dwelling units. Architectarral features include separate dwelling entrances and shared parking areas creating the effect of a larger estate type. home. Regulating Plan: is a Zoning Map or set of maps that shows the Character Zones, Civic Spaces, location of Special Frontages, Streets, and Special Requirements applicable to the two Station Areas subject to the standards in this Ordinance. Retail Sales: Detail establishments are the final step in the distribution of merchandise. They are organized to sell in small quantities to many customers. Establishments in stores operate as fixed point -of -sale locations, which are designed to attract walk -in customers. Retail establishments often have displays of merchandise and sell to the general public for personal or household consumption, though they may also serve businesses and institutions. Some establishments may finther provide after -sales services, such as repair and installation. Included in, but not limited to this category, are durable consumer goods sales and service, consumer goods, other grocery, food, specialty food, beverage, dairy, etc, and health and personal services. Sen-ice Uses: This is a category for limited personal service establishments which offer a range of personal services that include (but not limited to) clothing alterations, shoe repair, dry cleaners, laundry, health and beauty spas, tanning and nail salons, hair care, etc. Special Development Plan: .A development application that meets Section 119-57 IC of this Ordinance. Special Frontage Requirements: are standards applied to certain properties as indicated in the Regulating Plan in order to address specific requirements and transitions based on street frontage and adjacency in addition to or in lieu of the underlying Character Zone standards. Station Area: the area included in one of the Character Zones as established in the Regulating Plans for the two future rail stations. Street Screen: a freestanding wall or living fence built along the frontage line or in line with the building facade along the street. It may mask a parking lot or a loading/service area from view or provide privacy to a side yard and/or strengthen the spatial definition of the public realm. Street Type: is a specific designation for streets in the TOD Zones that establish a certain character and cross- sections to improve walkability within each Station Area. Street Nehvork: is the required and recommended network for new and existing streets within both the Station Areas as established in the Regulating Plans and identified in the Illustrative Master Plans. Toimhouse: two to three stop, attached housing unit of at least 2 but no more than G dwelling units connected. Each townhouse is on a separately platted lot ivith a main entrance on a street and rear allev garage access. Transition Zones: are the areas with specific adjacencies (single - family residential or Character Zones) within which certain limitations on building heights apply as established for each Character Zone. Transitional Surface Parking Lot: are surface parking lots that are ultimately intended to be infrlled with buildings to support the City's goals for Transit- Oriented Development. Section 118 -564. The Regulating Plans a. The Regulating Plans for Smithfield (Appendix A) and Iron Horse Station (Appendix B) Areas are hereby adopted. The standards in this Code shall apply mandatorily to all properties within the two Station Areas as designated in the respective Regulating Plans. b. Character Zones Established — the following Character Zones are established. The boundaries of the specific Character Zones are established in the Regulating Plan for each Station Area. i. Historic TOD: The Historic TOD Character zone is intended to preserve existing historic buildings in the Smithfield Station Area. It includes properties along Main Street, west of Davis and the Smithfield Cemetery. ii. TOD Core: The TOD Core provides the most opportunities for redevelopment and new development in both the Station Areas. It is the area that has the most development impact due to the location of the transit station. iii. TOD Residential: The TOD Residential zones in both Station Areas provide the transitions from the higher intensity development of the TOD Core and existing residential neighborhoods. iv. General Mixed Use — Iron Horse: The General Mixed Use — h - on Horse zone is located in the Iron Horse Station Area and is generally outside the immediate influence of the transit station. This area is characterized by large scale office and industrial uses or vacant land that will potentially redevelop after the TOD Core areas. This area is intended for a wider range of uses that includes retail, office, residential, and industrial uses. V. General Mixed Use — Smithfield: The General Mixed Use — Smithfield zone is located in the Smithfield Station Area and is generally located east of Davis Blvd., outside the immediate influence of the transit station. This area is characterized by office and industrial uses or vacant land and adjacent to established residential neighborhoods that will potentially redevelop after the TOD Core areas. This area is intended for a wider range of uses that includes retail, office, residential, and industrial uses. vi. Axterial Mixed Use: The Arterial Mix ed Use zone is intended to provide appropriate transitions to major regional roadways while taking advantage of that frontage for limited auto- oriented uses and sites. vii. High Intensity Mixed Use: The High Intensity Mixed Use is intended for large scale commercial uses and supporting retail, restaurant, and residential uses.. Special Frontage Requirements — In order to address specific requirements and transitions based on street frontage and adjacency, the following Special Frontage Requirements as established in the Regulating Plan shall apply to both Station Areas: i. Commercial Frontage: In all areas designated as Commercial Frontage on the Regulating Plan, the ground floor space shall be built to commercial standards and -T-V-2 establishes mandatory commercial uses along the ground floor of all buildinga to 3 MiR� doptN, Of 10 ft. aZ'M0D9_WZ -fi0i rth0 1'r--\-It b' U -ng knz. za' i- »tad r •7-\ lod *2 p -a0no a f ial cx wtt� .tars: ii. Arterial Frontage (Davis and Mid- Cities Blvd.): For all buildings and building sites designated as Arterial Frontage in the Regulating Plan, the following rules apply: (1) A building setback of a minim of 20 ft. shall apply along the designated frontage. Of the 20 ft. setback, 15 ft. shall be dedicated to a landscaped parkway. A maximum building setback of 85 ft. shall be required along the designated Arterial Frontage. (2) Surface parking lots no deeper than 70 ft. as measured from the back of the landscaped parkway may be permitted. (3) Commercial driveways that meet the city and TxDOT design criteria are permitted. (4) Structured parking may be permitted along this fi Building Setback standards in Subsection (1) shall apply to any parking stiuCLin e. iii. Boulevard Frontage (Iron Horse): For all buildings and building sites designated as Boulevard Frontage in the Regulating Plan, the following rules apply: (1) Setbacks and build -to -zones shall be based on the underlying character district. (2) Surface parking lots no deeper than 70 ft. may be permitted so long as its frontage along the boulevard is no more than 50% of the lot frontage (see figure 4.1) (3) Driveways shall be limited to a maximum of 24 ft. in width and one driveway per . 200 ft. of block frontage. 1' = Lot frontage along boulevard Y Boulevard Figure 4.1 Boulevard Frontage Requi °:nl.l d. Required Street Network by Street Type — In order to achieve streets that balance mobility with pedestrian orientation in both the Station Areas, the Regulating Plan establishes the network of required streets. The Regulating Plan also designates all streets by Street Type. All new and redesigned streets in both the Station Areas shall meet the street design standards established in Section 118 -567. e. Civic Buildings and Civic /Open Space —The Regulating Plan indicates existing Civic Buildings (schools, public uses, and churches) and Civic/open Space (parks, plazas, and squares). In addition, it indicates the recommended Civic /Open Spaces based on the Illustrative Master Plan. The specific standards for civic buildings and Civic/Open Space are established in Section 118 -570. Section 118 -565. Schedule of Permitted Uses by Character Zone a. Generally: Due to the emphasis on urban form over land uses in the Station Areas, general use categories have been identified by character zones. Uses not listed in the following schedule, but are substantially similar, may be permitted upon the approval of the City Manager or his or her designee, subject to appeal to the City Council. b. Compliance with the Land Use Mix Criteria: Review criteria and standards for recommended land use mix are established as a part of the Building Form and Development Standards in Section 118 -556. c. Schedule of Uses: Table 5.1 F c v 48 pew Land Use Commercial Uses (Office & Retail Uses • Retail Sales or Service with no drive t�ugh P P P WQW P P facili (includes alcohol sales). Excluded from this category are retail sales and services establishments geared towards the automobile (see Section 118 -563 of this Ordinanc for Definition of Retail, Service uses, and Auto- related Sales and Service) • Finance, In suranc e, and Real Estate establishments P P P 4 P P including banks, credit unions, real estate, and property management services, with no drive through facility • Offices for business, professional, and technical P P P AfC--NP P P uses such as accountants, architects, lawyers, doctors, etc_ • Food Service Uses such as full- service restaurants, P P P PAr - NP P P cafeterias, and snack bars with no drive through facilities including cafe seating within a public or private sidewalk area with no obstruction of pedestrian circulation • Auto - related retail sales or service NP NP P/C NP P/C P/C Arts, Entertainment, and Recreation Uses ■ Art galleries P P P nI � NP P P • Art, antique, furniture or electronics studio (retail, P P P AEG -NIP P P repair or fabrication; excludes auto electronics sales or service) • Games arcade establishments P P P NP P P • Theater, cinema, dance, or music establishment P P P NP P P • Museums and other special purpose recreational P P P NP p P institutions • Fitness, recreational sports, gym, or athletic club P P P W- NP P P I• Parks, Areens plazas, squares, and play P P P P P P • Cemeteries P NP NP NP NP NP Educational, Public Administration, health Care and Other Institutional Uses • Business associations and professional P P P FFG NP P P membershi organizations Child day care and preschools P P P nI - NP P P Schools, libraries, and co balls P P P nI � NP P P Universities and Colleges NP P/C P/C NP P RIC Civic uses P P P #C-NP P P Social and fraternal organizations P P P #G NP P P Social services and philanthropic organiza P p P NP P P • Religious Institutions P p p #G- P P • Funeral homes P P P NP P P Residential Uses • Home Occupations (regulated by Section 118 -727 TAR PIA ; T R P N /A PIA NA- /A a� P A – Customary home occupations) • Residential Apartments and/or c ondomini ums NP PC P-NP F-NP #G NP PW NP • Upper floor residential uses` P P P P P P I Residential uses shall be permitted by right in the upper floors of all buildings d. Use Criteria: All rises listed as P/C in Table 5.1 shall also meet the following standards in Table 5.2 Table 5.2 — Use Criteria Vse Zone Location & Desitrn 01feria Non - Residential Uses G le x ,..15.......... /,Y011lud1d41 eenaef lilo mtia T • GesrMusir- rnA r gesslr�i a vri� r rirtiva s - ert�it.u,.al rrrate��p.�p�t7�•g�ta� comerlot ** Model homes are limited to a time Period until all the homes are sold in the neighborhood- Q N v o x • Single- family residential attached dwelling unit NP (Townhomes) • Single -family residential detached dwelling unit NP • Two story Lrve/work NP • Multi -unit house NP Other Uses • Model homes far sales and promotion ** p-NP • Full- service hotels F /SDP • Bed and breaLlst establishments P • Parking, surface (primary use of property) PISDP (Transitional Surface Parking Lot) • Parking, surface (accessory use of property) P/C • Parking, stnvctured PC • Sales from kiosks P • Any permitted use with a drive through facility NP • Veterinary clinic (no facilities for overnight NP storage of animals) NP • Any establishment which derives more than 75 P percent of its revenue from the sale of alcoholic P beverages and conforms to Chapter 6 of the City NP Code of Ordinanc P • Incidental Outdoor Display (subject to standards P;'A in Section 118 -717 of the Zoning Ordinance) P-NP Outdoor storage and display (except Incidental NP Outdoor Display) P-NP light Manufacturing and mdustna4 uses limited to NP a maximurn building footprint of 10,000 sq- ft_ P Warehousing NP Miniwarehouse (Self - Storage) NP Specialty Personal Service Shop NP Sexually - Oriented Business NP Pawnshops NP • Alternative Financial establishments NP Second Hand Dealers NP • Construction offices with heavy trucks or NP equipment PC' P= Permitted NP= Not P /C= Permitted PIA = Permitted by right Permitted with conditions Accessory Use A* = Accessory use to not exceed 25 % of the pr imary use building area d. Use Criteria: All rises listed as P/C in Table 5.1 shall also meet the following standards in Table 5.2 Table 5.2 — Use Criteria Vse Zone Location & Desitrn 01feria Non - Residential Uses G le x ,..15.......... /,Y011lud1d41 eenaef lilo mtia T • GesrMusir- rnA r gesslr�i a vri� r rirtiva s - ert�it.u,.al rrrate��p.�p�t7�•g�ta� comerlot ** Model homes are limited to a time Period until all the homes are sold in the neighborhood- � pp pp P PSG P NP NP #G NP P/C P NP NP NP P P NP NP NP P P NP NP P-NP P P P-NP P-NP P/C P P9 P P P P Xr-P NP NP PISDP P /SDP NP PISDP PISDP P/C P/C P/C P/C P/C PC PC' PC PC PC P NP NP NP NP NP P/C NP PJC P/C NP P NP P P P NP NP P P PIA PIA PA NP PIA PIA NP NP NP NP NP NP Pic NP P/C P/C NP PIA* NP P /A* P /A* NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP PISDP = Permitted with a NA= Not O 1I' – p1 mifted Special Development Plan applicable (See Section 118 -571) remi d. Use Criteria: All rises listed as P/C in Table 5.1 shall also meet the following standards in Table 5.2 Table 5.2 — Use Criteria Vse Zone Location & Desitrn 01feria Non - Residential Uses G le x ,..15.......... /,Y011lud1d41 eenaef lilo mtia T • GesrMusir- rnA r gesslr�i a vri� r rirtiva s - ert�it.u,.al rrrate��p.�p�t7�•g�ta� comerlot ** Model homes are limited to a time Period until all the homes are sold in the neighborhood- Table 5.2 — Use Criteria Use Zone 6.����, frri:�ra _ ++� — , c- fetr:sai mmA Van (a a . r -k, Zy m� sr alhk4ie -elm iii, pnirazir"l %Jr ItirHd �+ 1r itt 1211-7rn, i I rivr OIL General Mixed Use, :. .... Arterial High 49miea4ea}Light Manufacturing and industrial uses Intensity Universities and Colleges Sim toes 91 sii�il ia& Ai vfa Retail Sales or Service including establishments geared towards the automobile Residential Uses Single Family Detached (Homes) Apartments/Condos Other Uses Full Service Hotel Parking, surface (accessory use) TOD Core, General Mixed Use, & High Intensity Mixed Use %Ir kluideldw Location & Desi Criteria is ■.11wrti 7Iw -A a No outside storage or overnight parking of work vehicles except behind a masonry screenin wall blocking view from public - All equipment, storage, and display shall be enclosed within a building- irJarrk eh • Shall be required to provide structured pang as part of the build -rut for the umversitvlcollege campus zimer kits + 4A@r skAll k [d 19,090 St- 9- Arterial Mixed Use, + Shall have the auto-mented sales and High Intensity Mixed services oriented towards Davis, Mid- Use, and General Cities, and Loop 820 Access Road only_ Mixed Use + In no case shall gas pumps and canopies along the major roadway exceed 50 of that street frontage- • Service bays shall be oriented internal to the site away from the arterial roadway or towards alleys- • No outside storage or overnight parking of vehicles waiting on repair except behind a masonry screening wall blocking view from public- All equipment, storage, and display shall be enclosed within a building- General Mixed Use + Shall only be allowed as an adjacent use to existing single family detached housing and does not have Arterial frontage - TOD Core • Permitted in Smithfield TOD Core at 25 dwelling units per acre minimum and built to first floor commercial construction for all buildings adjacent to and facing Smithfield Road and Davis Boulevard- * Permitted in Iran Horse TOD Core at 30 dwelling units per acre minim with maxim lot width of 600 feet and 80% of required parking maiuttained as onsite structured parking - Required built to first floor c ommerc ial construction for all buildings adjacent to and facing Iron Horse Boulevard- TOD Care • Permitted in Iron Horse TOD Core • Only permitted in Smithfield TOD Core by Special Development Plan All + Building form standards shall apply based on character zone (Section 118 -566 ) - Table 5.2 — Use Criteria Use Zone Location & Desi n CCHteria Parking, structured All • All structured parking shall be lined by active uses along the entire ground floor frontage of all Commercial "Main" Streets, Avenues, and TOD Boulevards_ • All structured parking shall be lined by active uses along a minim of 50 of all other streets (with the exception of arterials, freeways, and alleys)_ • Driveways into the garages shall be from alleys, TOD Boulevards, or TOD General Streets_ Transitional surface parking lot Historic, TOD Core, . Transitional Surface Parking lots may be General Mixed Use, exempted from the parking setback Arterial, High standards in this section if all surface Intensity parking lots accommodating 50 can or more in one or more contiguous lots obtain Special Development Plan (SDP) approval from City Council- A time limit of 3 years may be imposed by City Council for all transitional surface parking lots- In addition City Council may require a phasing plan for development on the site_ Any permitted use with a drive through facility Arterial Mix ed Use . All drive through access (driveways) shall General Mixed Use be from arterial, TOD General Street, and High Density freeway frontage road, or alleys - Mixed Use . Drive though lanes and/or canopies shall not front on or be located along any Commercial "Main" Street, Avenue, or TOD Boulevard - Section 118 -566. Building Form & Development Standards: a. Historic TOD - _... - -- ... _. -- -'� -_� . -- A Rear Adjacent to SF residential 15 ft. Adjacent to any other use 10 ft. Building Frontage ` � c s q % of building built to 80% (Fain.) � (see #2) % of building built to 40% (min.) secondary Street BTZ (see #2) Blo a n r Sta nd ards o n Block face dimensions 600 ft. (maximum) Block perimeter 1,600 ft. (maximum) Lot Width t R L Lot Depth 200 ft. (max.) Lot coverage 90% max. V. _ Street T Bu�IPd - �v ne Property Property Line Sidewalk Primary Street Building rnntrrnrm $ 15 . 0 Building maximum 2 stories (see #3) Key Accessary building max. 2 stories (see - - - Property Line - - - - - -- Setback Line Ground floor finish level #3j 12 in. max. EEEEEER,\� Build -to Zone Building Area above sidewalk 15 ft. First floor height min.(floor to r , ... .. floor) Build -to Zone (BTZ) (See n (Distance from property line to edge of the zone) Front (Primary Street) 0 ft. — 5 ft. Front (Secondary Street) 0 ft. — 5 ft. Setback Side 0 ft. (see #1) Rear Adjacent to SF residential 15 ft. Adjacent to any other use 10 ft. Building Frontage % of building built to 80% (Fain.) primary street BTZ (see #2) % of building built to 40% (min.) secondary Street BTZ (see #2) Blo a n r Sta nd ards Block face dimensions 600 ft. (maximum) Block perimeter 1,600 ft. (maximum) Lot Width 200 ft. (max.) Lot Depth 200 ft. (max.) Lot coverage 90% max. Upper floor(s) height 10 ft. min. Land Use Min. % of Max. % of Preferred building building area area Commercial (retail, 30 90 °/0 55 % restaurant and office)* Residential 0 35% 15% Civic /Open Space 5 % 10%0 10 % (excl. religious) Other (incl. religious) 15 25% 20 % Building Types Shopfront Civic building Transit Station Hotel fel� Notes #1 – Side setbacks shall be based on minimum fire separation required between buildings. if applicable #2 – Corner building street facades must be built to the BTZ for a m;n;n nnun of 30 ft. fi 5orn the comer along both streets. 43 – Attics and mezzanines less than 7 ft. (avg.) height shall not be counted as a stor7. 44- ra.i emeped 19 veiid-orIirl tawit or in AA.e_ 7 &.acF—f r —pt. y hRIJ moot th .#4D eve Iopment Resieuv Committee may grant waivers for indisidual applications based on the entire character zone meeting mixed use criteria ranges. Building area is based on usable first floor building space. #5 – Mansard roofs are not permitted #6 – All buildin in the 13istoric TOD shall meet the Architectural Standards and Guidelines in Section 118 -568. 47 – Any fiontage along a public street (except alleys) not defined by a building at the BTZ shall be defined by a 4 ft. high Street Screen or appropriate plaza that is built within the BTZ. _—.._.._.._.-_._._.._.._..___-._.._.._.._ .......... —.._..____ ..... ........... .._. _. ... 7._.. V �y.�yy� _ DV A 1 - I Property Lane Sidewalk PdWry Street Key - - _ Property Line Parking Area Location (distance from property line) Front setback 15-10 ft. 0 Side setback 0 ft. 0 Secondary street 10 ft. setback Rear setback 5 ft. a Required parking spaces allow shared and onstreet parking Non Residential — 1 per 250 sq.ft. Upper floor Residential — 1.5 per dwelling unit. Notes #8 — Parking driveway 39 26ft. max. width #9 - On corner lots, driveway shall not be located on a primary street. #10 — Shared driveways and cross access easements are encouraged between lots to minimiz curb cuts. #11 — Parking may be provided off -site within 1,200 feet or as shared parking. # 12 - Section 11.8 -834 of the City of NRH Zoning Ordinance shall apply for design of off -street parking areas. I m 2 y� 5 v> I � 8 �r Property Line i T Sidewalk Primary Street Key - — - Property Line Encroachment Area Location Front 6 ft. max. 49 Secondary street 4 ft. max Rear 3 ft. max. Notes #13 — Canopies, awnings, signs, and balconies may encroach over the BTZ and setback areas as indicated in the shaded areas. Any supports provided within the encroachment area shall be non - structural. A minim vertical clearance of 8 ft. shall be required as measured from the fmished grade of the sidewalk below the encroachment. #14 - Ground and roof mounted mechanical equipment shall be screen from direct view of adjoining public rights -of- -way. In addition to a parapet wall no higher than 42 in., the perimeter of any visible roof mounted mechanical equipment shall be circumscribed by an appropriate device that is at least as tall as the equipment itself #15 — The area between the building and the edge of the BTZ at the public sidewalk shall be paved flush with the sidewalk. appr'e Nk a i•�a- BiR 0 EH it —iii kee 1 —iflit 43 5 ;e fS-i3 &Y be b. TOD Core Upper floor(s) height 10 ft. min. 1 I Property tine : Building minim 15 ft. 0 Building maxim 4 stories Min. % of Max. % of (see #3) i 2 Key Pdmary Street _.._.._... property Line - - - - - -- Setback Line m m �p Cn NEIMENII"�\ Build -to Zane Building Area Buildi i r Build -to Zone (BTZ) (see 97) (Distance from property line to edge of the zone) Front (Primary Street) 0 ft. — 5 ft. Front (Secondary Street) 0 ft. — 5 ft. Setback Side Rear Adj. to any zoned SF Res. use Adjacent to any other use Building Frontage % of building built to primary street BTZ % of building built to secondary street BTZ Block face dimensions Block perimeter Lot Width 25'(nvn) Lot Depth 100' (min) 0 ft. (see #1) Upper floor(s) height 10 ft. min. 1 I Property tine Building minim 15 ft. 0 Building maxim 4 stories Min. % of Max. % of (see #3) 10 ft. Accessory building 2 stories building area max. (see #3) Ground floor finish 12 in. max. 35 %a level above sidewalk 15 ft. min. for First floor height commercial 80 % (min.) 10 ft. min for 0 /U 40% residential {see #2} _.._.._... property Line - - - - - -- Setback Line m m �p Cn NEIMENII"�\ Build -to Zane Building Area Buildi i r Build -to Zone (BTZ) (see 97) (Distance from property line to edge of the zone) Front (Primary Street) 0 ft. — 5 ft. Front (Secondary Street) 0 ft. — 5 ft. Setback Side Rear Adj. to any zoned SF Res. use Adjacent to any other use Building Frontage % of building built to primary street BTZ % of building built to secondary street BTZ Block face dimensions Block perimeter Lot Width 25'(nvn) Lot Depth 100' (min) 0 ft. (see #1) Upper floor(s) height 10 ft. min. 0 15 ft Lund Use Min. % of Max. % of Preferred 10 ft. building area building area Commercial (retail, 35 %a 75 % 60 % restaurant, office)` 80 % (min.) Residential 0 /U 40% 25 % {see #2} 0 Civic /Open Space 0 /U 10 5% 40 n ( min. ) (excl. religious) Other (incl. religious) 0% 20% 10% (s #2) Building Types 6QQ800 ft. (maximum) ,6W 2,400ft. ( ma xim um) 200 2 90 A Lot coverage 90 % (max.) Reside ntial c _ Smithfield TOD - 25 du/ac min Residential Apartment Densities Iron Horse TOD - 30 du/ac min w/ structured parking Townhouse — 1,200 sq.ft. min / Apartment unit — 650 sq.ft. min Shopfront Civic building Mix ed Use building Transit Station Parking structure Apartment building Hotel Townhouse Notes #1— Side setbacks shall be based on minimum. fire separation required between buildings, if applicable 42 — Corner building street facades must be built to the BTZ for a minim of 30 ft. from the corner along both streets. 43 — Attics and mezzanines less than 7 ft. (avg.) height shall not be cotmted as a story. 94 A ll y VIIiin'tiil. - Will 1n 1l IV �klA I LIM aCprop azi 14811 MR& th mim-ed- we .t#4Development Review Conuu ittee may grant waivers for individual applications based on the entire character zone meeting mixed use criteria ranges. Building area is based on first floor usable space. #5 — Mansard roofs are not permuitted #6 — All buildings in the TOD Core shall meet the Architectural Standards in Section 118 -568. 47 — Any frontage along a public street (except alleys) not defined by a building at the BTZ shall be defined by a 4 ft. high Street Screen or appropriate plaza built within the BTZ. V z o - T 1 tl Property Line SWewek .�. - -- Primary Sired Key - •• -... — Property Line Parking Area Location (distance from property line) Front setback (min.) 4 10 ft. Side setback (min.) 0 ft. Secondary street setback (min.) 10 ft. Rear setback (min.) 5 ft. Required parldng Spaces allow shared and onstreet parking Non residential — 1 per 250 sq.ft. Hotel - 1 per bedroom Residential uses: Townhomes — 2 per dwelling emit Apartments/tipper floor residential — 1.5 per dwelling unit Notes 48 — Parking driveway 39 26 ft. max. (except avidth service drives which may be a max. of 30 ft. wide) 49 - On corner lots, driveway shall not be located on a primary street. 410 — Shared driveways and cross access easements are encouraged between lots to minimiz curb cuts. 411— Parking may be provided off -site arithin 1,200 feet or as shared parking. 412 - Section 118 -834 of the City of NRH Zoning Ordinance shall apply for design of off-street parking areas. 413 — Canopies, awnings, signs, and balconies may encroach over the BTZ and setback areas as indicated in the shaded areas. Any supports provided within the encroachment area shall be non-structural. A minimum vertical . clearance of 8 ft. shall be required as measured from the finished grade of the sidewalk below the encroachment. 414 - Ground and roof mounted mechanical equipment shall be screen from direct view of adjoining public rights- of -ew or single - family residential uses. In addition to a parapet a all no higher than 42 in., the perimeter of any visible roof mounted mechanical equipment shall be circumscribed by an appropriate device that is at least as tall as the equipment itself. 4 --- - - - - -- --- ?-=---------- - - - - -- ---- - - - - -- Q I � " s i z i i Property Line ' 5idewak As Pnmary Street Key - -- Property Line Encroachment Are a t i Location Front 6 ft. max. Secondary street 4 ft. max Rear 3 ft. max. Transition Zone I i I i � High i Mwouy Ferree I ' Resdential LoWse Property Line The following applies to all buildings located adjacent to an existing, zoned single - family detached residential. Transition Zone 25 ft. (min.) ■ Max. Building Height at 3 stories within Transition Zone 415 - A 6 ft. high masonry fence shall be installed at the property line adjacent to the existing residential use. 416 - Building mass shall be stepped dolma Along the residential edge. 417 - The area between the building and the edge of the BTZ at the public sidewalk shall be awed flash with the sidewalk. ERf:9 -94- .: e..s e. ys.e�s ie�il�rE,•:.�.s- lets- ebtaia gig Oei e...t A FIR c. I3 gh Intensity wed Use Primary Slreel Key _.._.._.,, Property Line I -- --- - ------------- P X Property Line H ei g ht Setback Line Building minim 15 ft. BEER Build - Zone Building Area Building Placement Build -to Zone (BTZ) (see 47) (Distance from property line to edge of the zone) Front (Primary Street) Front (Secondary Street) Setback Side Rear -5 0 ft. — 20 ft. 5 ft. — 20 ft. 0 ft. (see #1) 5 ft. Building Frontage Building maximum 10 stories (see #3 and #8) Ground floor finish level 12 in. max. above sidewalk First floor height 15 ft. min .(floor to floor) FYI Upper floor(s) height "iyed 10 ft. min. Use Criteria Land Use (see #4) Min % of Max. % of Preferred building area building area Comunercial (retail, 35% 100% 70% restaurant, office)* Residential 0% 40% 20% Civic/Open Space 5% 10% 5% ■ (excl. religious) Other (incl. religious) 0% 5% 5% % of building built to primary 60% (min.) street BTZ (see #2) 0 % of building built to secondary 30% (min.) street BTZ (see #2) Block face dimensions 1,000 ft. (maximum) Block perimeter 3,600 ft. (maximum) Lot width 800 ft. (max.) Lot Depth 800 ft. (max.) Lot coverage 85% (max.) Notes #1 — Side setbacks shall be based on minimum fire separation required between buildings, if applicable. Building 1}7res Shopfront Civic building I Mixed Use Building High rise office building I Parking structure Notes # ref - : "Lap I6na at fa OR ki ausaIt )r 4 aau If 39 f'_. Sr■M 1e est: eta #3 — Attics and :mezzanines less than 7 1 (avg.) height shall not be counted as a story. - �/l Cll:_■ r■ e, i d Iymlvl in MIF&4kax lt' ■UZ4 rfi Parj124'Y 4"a4 rxeet u t / e.4&...#4Development Review Committee may grant waivers for individual applications based on the entire character zone meeting nixed use criteria rang es. Building area is based on first floor usable s ce. 5 — Mansard roofs are not permitted 46 — All buildings in the High Intensity Mixed Use zone shall meet the Architectural Standards in Section 118 -568. #7 — Any frontage along a public street (except alleys) not defined by a building at the BTZ shall be defined by a 4 ft. high Street Screen or appropriate plaza within the BTZ. 48 - Buildings may exceed the building height limitations and deviate from the mixed use criteria if they meet the Special Development Standards as established in Section 118 -571. Also see Bonus provisions for SDP criteria. Hotel - 1 per bedroom Residential uses Upper floor residential —1.5 per dwelling unit Notes #9 — Parking driveway width 39 26 ft. max. (except service drives which may be a max. of 30 ft. -Aide) #10 - On corner lots, driveway shall not be located on a primary street. #11 — Shared driveways and cross access easements are encouraged between lots to minimis curb cuts. # 12 — Parking may be provided off -site within 1200 feet or as shared parking. #13 - Section 118 -834 of the City of NRH Zoning Ordinance shall apply for design of off - street parking areas. #14 — Canopies, awnings, signs, and balconies may encroach over the BTZ and setback areas with a minim vertical clearance of 8 ft. from the finished grade of the sidewalk in front of the facade with the encroachment. • Encroachments are permitted into any required yard and may occupy no more than 50% of that yard. • Canopies, awnings, signs, and balconies may not encroach over the oronerty line. • Building heights over 10 stories may be permitted with and SDP. The following criteria shall apply for evaluating the SDP: • Provision of plazas, squares, or civic open spaces based on the Illustrative Master Plan • Provision of structured parking and shared parking • Provision of a minimum of 10% of residential uses High Intensity Transition Sta High Intensity Wed Use Zane Transition Re*t r r Any other TOD Character Zone K' s 2 Property Line The following applies to all buildings located within the High. Intensity Transition Zone as designated on the Regulating Plan Transition Zane 250 ft. (miry.) #15 - Ground and roof mounted mechanical equipment shall be screen from direct view of adjoining public rights -of -way or single - family residential uses. In addition to a parapet wall no higher than 42 in., the perimeter of any visible roof mounted mechanical equipment shall be circumscribed by an appropriate device that is at least as tall as the equipment itself. #16 — Building mass shall be stepped do-Am along the residential edge. #17 — Loading and unloading shall be located along TOD General Streets or alleys only. � Max. Building Height at No more than 2 within 'Transition Zone stories above the maximu a'0 adjoining zone Notes b i Property Line sidewalk Prkmry sweet Key - Property Line Parking Area Location (distance from property fine) Front setback (nun.) 4_5_1 Oft. Side setback (min.) 0 ft. Secondary street 14 ft. setback (min.) Rear setback (min.) 5 ft. 0 Required Parldmg Spaces allow sparred an on street parldng Non residential — 1 per 250 sq. ft. Hotel - 1 per bedroom Residential uses Upper floor residential —1.5 per dwelling unit Notes #9 — Parking driveway width 39 26 ft. max. (except service drives which may be a max. of 30 ft. -Aide) #10 - On corner lots, driveway shall not be located on a primary street. #11 — Shared driveways and cross access easements are encouraged between lots to minimis curb cuts. # 12 — Parking may be provided off -site within 1200 feet or as shared parking. #13 - Section 118 -834 of the City of NRH Zoning Ordinance shall apply for design of off - street parking areas. #14 — Canopies, awnings, signs, and balconies may encroach over the BTZ and setback areas with a minim vertical clearance of 8 ft. from the finished grade of the sidewalk in front of the facade with the encroachment. • Encroachments are permitted into any required yard and may occupy no more than 50% of that yard. • Canopies, awnings, signs, and balconies may not encroach over the oronerty line. • Building heights over 10 stories may be permitted with and SDP. The following criteria shall apply for evaluating the SDP: • Provision of plazas, squares, or civic open spaces based on the Illustrative Master Plan • Provision of structured parking and shared parking • Provision of a minimum of 10% of residential uses High Intensity Transition Sta High Intensity Wed Use Zane Transition Re*t r r Any other TOD Character Zone K' s 2 Property Line The following applies to all buildings located within the High. Intensity Transition Zone as designated on the Regulating Plan Transition Zane 250 ft. (miry.) #15 - Ground and roof mounted mechanical equipment shall be screen from direct view of adjoining public rights -of -way or single - family residential uses. In addition to a parapet wall no higher than 42 in., the perimeter of any visible roof mounted mechanical equipment shall be circumscribed by an appropriate device that is at least as tall as the equipment itself. #16 — Building mass shall be stepped do-Am along the residential edge. #17 — Loading and unloading shall be located along TOD General Streets or alleys only. � Max. Building Height at No more than 2 within 'Transition Zone stories above the maximu an the adjoining zone Notes d. General Mixed Use Zone - Iron Horse 0 Primary Street Key _.._.._... Property Line - - - - - -- Setback Line Build-to Zone Building Area Build -to Tone (BTZ) 3 stories (Distance from property line to edge of the zone) Front (Primary Street) 5 ft. — 20 ft. Front (Secondary Street) 5 ft. — 20 ft. Setback Side 5 ft. (see #1) 0 Rear Adjacent to SF 15 ft. residential 10 ft. Adjacent to any other use Building Form % of building built to 60% (min.) primary street BTZ (see 42) % of building built to 40% (min.) 18 in. min. for residential secondary street BTZ (see #2) Block and a i Block face dimensions 1,000 ft. (maximum) Block perimeter 3,600 ft. (maximum) Lot Width SF - 40 ft.(min) 400 ft. (max.) TH — 25 ft.(min) Lot Depth 80 ft. 400 ft. (max.) height (min) Residential Size SF — 1,450 sq.ft. TH — 1.200 sq.ft. Upper apt. — 650 Multiunit — 800 sq.ft. sq.ft. Lot coverage 75% (max.) depAity Notes #1 — Side setbacks shall be either 5 ft. or based on minimum fire separation required between buildings, if applicable. #2 — Comer building street facades must be built to the BTZ for a minim of 15 ft. from the comer along both streets. #3 — Attics and mezzanines less than 7 ft. (avg.) height shall not be counted as a story. C i- Property tna 1 Building minim 15 ft. Building 3 stories maximum (see #3) Accessory building 2 stories (see #3) Max. 12 in. max. above sidewalk Ground floor finish for commercial level 18 in. min. for residential 15 ft. min. for commercial First floor height 10 ft. min for residential Upper floor(s) height 10 ft. min. Land Use Min. % of Max. %u of Preferred building building area area Commercial 15 %u 100 % 50%n (retail, restaurant, office) Residential 0° ✓n 60 % 30 %n Civic/Open space 5% 10% 5% (excl. religious) Other (industrial) 0 %n 50 % 15 %u Location Standards • Existing residential neighborhoods shall be buffered by residential uses in the General Mixed Use Iron Horse zone to a depth of 10d ft. • Com niercial uses (except live—work) shall be located within 200 ft. of Iron Horse 13h.4 Brovming Dr. (east of the rail road line), and Hilltop Dr. D - id@nti. %z1. eed1 ;©, 4_v1r&­'J"4 mlg er4e17 fil uauid tise' 0 IIii u m iflf°/ if ,Lc niandutiir e e e f t .e p..,.. e e 4 r,. -vi ..._.e.,. 161) 11 Jr, nu► a s id 04 .ti.,r ... Building Types Shopfront Civic building 1 i*"Iiadk-SF detached , Be Townhouse rmilt Hotel _Mixed Use -unit house .;MDevelopment Retiieiv Committee may grant waivers for individual applications based on the entire character zone meeting mix ed use criteria ranges. Building area is based on first floor usable space. 95 - Mansard roofs are not permitted #6 - Any frontage along all public streets (except alleys, arterial roadways, and highways) not defined by a building at the BTZ shall be defined by a 4 ft. high Street Screen or appropriate plaza built within the BTZ. - - ._.._..- --- - -- --- ........ - .._.._. ........... - ..... _..- ------------ ._. - --1 �.Gi -_ 3 + Property Lane Sidewalk j may be a max. of 30 ft. wide) #8 - On comer lots, driveway shall not be located on a primary street. #4 - Shared driveways and cross access easements are encouraged between non - residential lots to minimiz curb cuts. #10 - Parking may be provided off -site within 1,200 feet or as shared parking. A shared parking plan has to be approved by the City Manager or his/her designee. #11 - Section 118 -834 of the City of NRH Zoning Ordinance shall apply for design of off - street parking areas. • Encroachments are permitted into any required yard and may occupy no more than 50% of that yard. • Canopies, awnings, signs, and balconies may not encroach over the property Line. ! !, . Mr Primary Street Key r Transition Zone - - - Property Line E y Parking Area i Location (distance from property line) Front setback Side setback 2410 ft. 0 ft. (next to commercial) 5 ft. (next to residential) �0 P J Secondary street 10 ft setback Rear setback 5 ft. Required Parking Spaces allow shared and on street parking Single family detached Non- Residential 1 per 250 sq.ft. Hotel 1 per bedroom Upper floor Multifamily 1.5 per dwelling unit uses TownhomeslMulti -runt 2 per dwelling runt Single family detached 3 per dwelling unit Notes #7 - Parking 24 ft. max. (except driveway width service drives which 6 High Mmary Fence Single-Family Residential LoWse Property Line The following applies to all buildings located adjacent to an existing, zoned single - family detached residential. Transition Zone 25 ft. (min.) Max. Building Height 2 stories Oh at within Transition Zone #12 - A 6 ft. high masonry fence shall be installed at the property line adjacent to the existing residential use. #13 - Building mass shall be stepped down along the residential edge. #14 - Ground and roof mounted mechanical equipment shall be screen from direct view of adjoining public rights -of -way or single - family residential uses. In addition to a parapet wall no higher than 42 in., the perimeter of any visible roof mounted mechanical equipment shall be circunnscribed by an appropriate device that is at least as tall as the equipment itself. #15 - Loading and unloading shall be located along TOD General Streets or alleys only. e. General Mixed Use Zone - Smithfield J m SSS " 3 � E euld to Zone i f Properly line Sidewalk � �,� �- Primary Street Property Line t Key - - - Property Line . - - - - -- Setback Line NEEN Build -to Zone Building Area j Building Placemen Build -to Zone (BTZ) (Distance from property line to edge of the zone) Front (Primary Street) 5 ft. -20 ft. Front (Secondary Street) 5 ft. -20 ft. Setback Building mi vl Side 5 ft. (see #1) Building rninimutn 15 ft. Rear Adjacent to SF residential 15 ft. Adjacent to any other use 10 ft. Accessory building 2 stories Building Form Max. (see #3) % of building built to primary 60% (min.) level for commercial street BTZ (see #2) % of building built to secondary 40% (min.) 10 ft. min for residential street BTZ (see #2) 0 Block face dimensions 1,000 ft. (maxiTntun) Block perimeter 3,600 ft. (maxinnuu) Lot Width 40 ft. SF 400 ft (max) 25 ft. TH (min) Lot Depth 80 ft. ( Thin ) 404 ft. (max.) Residential Size SF — 1,450 sq.ft. TH — 1,200 sq.ft. Upper apt. — 650 Multiunit — 800 sq.ft. sq. ft. RIYAl2t -1.1 113: 4 4F1z'ac { mw.) Notes #1 — Side setbacks shall be either 5 ft. or based on minimum fire separation required between buildings, if applicable. #2 — Corner building street facades must be built to the BTZ for a minimum of 15 ft. from the corner along both streets. Building rninimutn 15 ft. Building maximum 3 stories (see #3) Accessory building 2 stories Max. (see #3) Ground floor finish 12 in. max. above sidewalk level for commercial 18 in. min. for residential First floor height 15 ft. min. for commercial 10 ft. min for residential Upper floor(s) height 10 ft. min. 0 Mixed Use Criteria (see #4) Land Use Min. % of Max. % of Preferred building building area area Commercial (retail, 15% 100% 50% restaurant, office)` Residential 0% 60 %® 30% Civic /Open Space 5% 10% 5% (excl. religious) Other (industrial) 5 %® 30 %p 15 % Location Standards FPL � AC}I HC%9 19ii 01it@g4s iA r" &.— JI�Ij� _ �1 N �El -Bf3 BE�Hee j I Fit t,; ig 811,+rI 11ff1 NiZ Rt;gki WIJq 1. • Existing residential neighborhoods shall be buffered by residential uses in the General Mixed Use Smithfield zone to a depth of 100 ft. (min). • Commercial uses (except live- work) shall be located along a 200 ft. wide area parallel to Davis Blvd. • De..: d@ flti„ i d 1.-..,...e. .F th Fi .t, a teed v0 — 4- ..­sr£�.a�r/e 4 i�lnu►` 0 klii IfIf 0 / mf use Building Types Shopfront Civic building Single - family detached R-@qid@Qtq'RII Townhouse Hotel Mixed use multi -writ house Be w a r Property Line Sidewalk i Primary Street Key - - Property Line Parking Area Location (distance from property line) Front setback -15 10 ft. G 0 ft. (next to Side setback commercial) 5 ft. (next to residential) Secondary street 10 ft. A j setback Rear setback 5 ft. Required Parking Spaces follow Section 118 -570 and allow shared parking Non- Residential 1 per 250 sq.ft. Motel 1 per bedroom Upper floor Multifamily 1.5 per dwelling unit Townhomes/Mulh -unit 2 per dwelling unit Single family detached 3 per dwelling unit Notes #3 - Attics and mezzanines less than 7 ft. (avg.) height shall not be counted as a story. .#413evelopnrent Re�,iew Committee may grant waivers for individual applications based on the entire character zone meeting mixed use criteria ranges. Building area is based on fast floor usable space. #5 - Mansard roofs are not permitted #6 - Parking 24 ft. max. (except driveway width service drives which may be a max. of 34 ft. wide) #7 - On comer lots, driveway shall not be located on a primary street. #8 - Shared driveways and cross access easements are encouraged between non - residential lots to minimi club cuts. #4 - Parking maybe provided off -site within 1,24(3 feet or as shared parking. A shared parking plan has to be approved by the City Manager or his/her designee. #14 - Section 118 -834 of the City of NRH Zoning Ordinance shall apply for design of off - street parking areas. h • Encroachments are permitted into any required yard and may occupy no more than 50% of that yard. • Canopies, awnings, sig7is, and balconies may not encroach over the property line. d „r Raay bo ol;,.;ble' f l d f Il 1,., os.. Transition Zone ;R I A 6' High W Masonry Ft '0;1� Single- Family Residential LoUUse Property Line The following applies to all buildings located adjacent to an existing, zoned single - family detached residential. Transition Zone 25 ft. (min.) Max. Building Height 2 stories at within Transition Zone #11 - A 6 ft. high ma sonry fence shall be installed at the property line adjacent to the existing residential use. #12 - Building mass shall be stepped down along the residential edge. #13 - Any frontage along all public streets (except alleys, arterial roadways, and /highways) not defined by a building at the BTZ shall be defined by a 4 ft. high Street Screen built within the BTZ. #14 - Ground and roof mounted mechanical equipment shall be screen from direct view= of adjoining public rights -of -way or single- family residential uses. In addition to a parapet wall no higher than 42 in., the perimeter of any visible roof mounted mechanical equipment shall be circumscribed by an appropriate device that is at least as tall as the equipment itself #15 - Evading and unloading shall be located along TOD General Streets or alleys only. C Arterial Mixed Use m 2 z a Property Line Sid shy J Primary Street Key _..:.._.,. Property Line - - - - - -- Setback Line N Build -to Zone Building Area Build -to Zone (BTZ)(see #'s) (Distance from property line to edge of the zone) Front (Arterial Street) 10 ft. — 70 ft. Front (Any other TOD Street) 10 ft. — 70 ft. Setback Min. % of Max. % of Preferred Side 5 ft. (see #1) 40 %n 100 %u 80 % Rear 2 stories Residential Adjacent to SF residential 15 ft. 0% 10 % 5% Adjacent to any other use 10 ft. Other (religious, Building Form commercial %® of building built to primary 60% (min.) Shopfront street BTZ (see #2) Notes % of building built to secondary 40% (rain.) street BTZ see #2 Block face dimensions 1,000 ft. (maximum) Block perimeter 3,600 ft. (maximum) Lot Width 400 ft. (max.) Lot Depth 400 ft. (max.) Lot coverage 75 %u (max.) Residential density NA 1 Property Line Min. % of Max. % of Preferred Building minim 15 ft. 40 %n 100 %u 80 % Building maximum 2 stories Residential Permitted only above first floor (see #3) 0% 10 % 5% Ground floor finish 12 in. max. above sidewalk for Other (religious, level commercial Building Types 18 in. min. for residential Shopfront First floor height 15 ft. min.(floor to floor) €4 i- 1 Notes - 0. Upper floor(s) height 10 ft. min. Land Use Min. % of Max. % of Preferred building area building area Commercial (retail, 40 %n 100 %u 80 % restaurant, office)* Residential Permitted only above first floor Civic/Open Space 0% 10 % 5% (excl. religious) Other (religious, 0 % 25 % 15% industrial) Building Types Shopfront Civic building Mixed use Hotel Notes #1 — Side setbacks shall be either 5 ft. or based on minimum fire separation required between buildings, if applicable. #2 — Comer building street facades must be built to the BTZ for a mininu of 15 ft. from the comer along both streets. #3 — Attics and mezzanines less than 7 ft. (avg.) height shall not be courted as a story. 44Developrnent Review Committee may grant waivers for individual applications based on the entire character zone meeting mixed use criteria ranges. Building area is based on first floor usable space. #5 — Mansard roofs are not permitted #6 — Any frontage along all TOD streets (except alleys, arterial roadways, and highways) not defined by a building at the BTZ shall be defined by a 4 ft. high Street Screen or appropriate plaza built within the BTZ. - .---------- - - - - -- Do A, Property Lane Sidewalk T / Primary Strut Kea- _.._.._..- property Line Parking Area Location (distance from property line) Front setback 10 ft. 0 ft. (next to Side setback commercial) 10 ft. (next to residential) Secondary street 10 ft. setback Rear setback 5 ft. Required Spaces Shall meet Section 118 -833 of the city of North Richland Hills Zoning Ordinance. Notes #7 — Parking City/TXDOT standards driveway width on Arterial Roadways and 24 ft. max. on all TOD Streets #8 - On corner lots, driveway shall not be located on a primary street (with the exception of arterial roadways). #9 — Shared driveways and cross access easements are encouraged between non - residential lots to minitnize curb cuts. #10 —Parking may be provided off -site within 1,200 feet or as shared parking. A shared parking plan has to be approved by the City Manager or his/her designee. • Encroachments are permitted into any required yard and may be no more than 10 ft. • Canopies, awnings, signs, and balconies may not encroach over the property line. Transition Zone o e fi e Y a — i a . r 6' High a Masonry Fenoe r a Single- Family a Residential LoNse I y Property Line The following applies to all buildings located adjacent to an existing, zoned single - family detached residential. Transition Zone 25 ft. (min.) Max. Building Height at 2 stories within Transition Zone #11 -118 -834 of the City of NRH Zoning Ordinance shall apply for design of off-street parking areas. #12 - A 6 ft. high masonry fence shall be installed at the property line adjacent to the existing residential use. #13 - Building mass shall be stepped down along the residential edge. #14 - Ground and roof mounted mechanical equipment shall be screen from direct view of adjoining public rights -of -way or single - family residential uses. In addition to a parapet wall no higher than 42 in., the perimeter of any visible roof mounted mechanical equipment shall be circumscribed by an appropriate device that is at least as tall as the equipment itself #15 — Loading and unloading shall be located along TOD General Streets or alleys only. g. TOD Residential _ ----------------- --- Lot coverage 75% (max.) - -- t4esittcaiai d car/ _I 19 da(ac (r a Bull one - Sidewalk Primary Street Key - - - Properly Line - - - - - -- Setback Line Property Line NON Build -to Zone Building Area Building y. I' I Building m inim um 15 ft. 0 Build -to Zone (BTZ) (see #7) 3 stories (Distance from property line to edge of the zoned Building maximum (see #3) Corner Lots: Accessory building 2 stories Front (Primary Street) 0 ft. - 10 ft. max. (see #3) Ground floor finish 12 in. max. above sidewalk Front (Secondary Street) 0 ft. - 10 ft. level (for commercial uses); 18 in. 0 Width of corner lot build -to zone min. (for residential uses) (both primary and secondary 25 ft. (min.) _ ft rni;x. far � 50 ft st p y y . max. First floor height streets} (max.) 10 ft. iI11I1. for residential Interior Lots: Upper floor(s) 10 ft. min. Front (Primary Street) 10 ft. - 25 ft. height Front (Secondary Street) 10 ft. - 25 ft. Setback Side 0 ft. (see #l) Rear 10 ft. � 1111r,11 (array 44 43°4 4" Building Form (iuvL 2_ 1igieus) " / o building o primary o f bildi built to 60 /o i D '° - `° ' u a (min.) * � � 1 19 Faii a: �r� aW � ■val. street BTZ (see #2) I-OpAti %® of building built to secondary 40% (min.) #1�ed C'I � lI I►Ii_Iare�itlrir i� ^ice - `l�I rv� J.��l �e �...�aa ......,a:..,.a..,..,... —a goideliRO5 street BTZ (see #2j �I�'Ir�c ` ",' ' .' `� °'"�` Block I Standards h$irY ru ►o�' ' rJ, � uut t � I,fr�I� I vdru✓�u►,g Block face dimensions 600 ft. ( e B E a: e.. A u Tell Cima ■n:. Ir u► I imir llti url; B Block perimeter 2,000 ft. (maximum) �Bl�ilr. ^�jr Ia1 + Livi WWRIJ w n wI U1 1111 ta TO Lot Width 40 ft. SF 200 ft, max. �evrl U111l LTI I, L"rl�ed i'I r> Ir l� 'a1;ut ed 25 ft. TH (min) ( } TIII ■VIII Ial, Lot Depth 80 ft.(min) 200 ft. (max.) Building T3pes Residential Size SF — 1,450 ft. sq. TH 1,200 ft.srl. �4+SV4814 c4vie boil l ie} Multiunit - 800 sq.ft Townhouse Sin21e- family detached I Lire -work Unit I Multi -amit Hoarse - ---------- - - - - -- _ _ - - -- _ _ ._;_ _ _ - - _ _ _ _. _ _ -_4 - ----- - - - - -- - - - - -i - + G y Q0 T i b Y � Property Line Sidewalk Key - - - Property Line Parking Area Primary Street Location (distance from property line) Front setback (rain.) 24 10 ft.+ Side setback (thin.) 0 ft. Secondary street 10 ft. setback (rain.) Rear setback (mire.) 5 ft. Required Spaces Townhomes/Nlulti unit house 2 per dwelling unit Single Family detached 3 per dwelling unit Bed & Breakfast 1.5 per bedroom �pIl> 9-5 spaeG"44die Comer Lots: Canopies, signs, awnings, and balconies may encroach over the sidewalk as long as the vertical clearance is a minim of 8 ft. and the encroachment does not exceed 50% of the required sidewalk width. Interior lots: Porches, stoops, awnings, signs, balconies, bay windows and other architectural features may encroach into required yards, provided they do not encroach over the front property line. Notes #1 — Side setbacks shall be based on minim fire separation required between buildings, if applicable #2 — Corner building street facades must be built to the BTZ for a minim of 30 ft. from the corner along both streets. Residential Transition Standards ly 6' High Q Masonry Fence i e Single- Family Resldenllal v Lott he Property Line The following applies to all buildings located adjacent to an existing. zoned single - family detached residential. Transition Zone 15 ft. (min.) Max. Building Height at 2 stories within Transition Zone A 6 ft. high masonry fence shall be installed at the property line adjacent to the existing residential use. #4 — All buildings shall meet the Architectural Standards in Section 118- 568. #5 — Mansard roofs are not permitted #6 — All buildings in the TOD Residential shall meet the Architectural Standards in Section 1.18 -568. #7 — Any frontage along a public street (except alleys) not defined by a building at the BTZ shall be defined by a 4 ft. Street Screen built within the BTZ. #8 — Parking driveway width 20 ft. max. #9 - On comer lots, driveway shall not be located on a primary street. #10 — Shared driveways and cross access easements are encouraged between lots to minimi curb cuts. # 11 — Parking may be provided oft -site within 1,260 feet or as shared parking. #12 — Section 118 -834 of the City of NRH Zoning Ordinance shall apply for design of off - street parking areas. #13 — Canopies, awnings, signs, and balconies may encroach over the BTZ and setback areas. # 14 - Ground and roof mounted mechanical equipment shall be screen from direct view of adjoining public rights -of -way or single - family residential uses. In addition to a parapet wall no higher than 42 in., the perimeter of any visible roof mounted mechanical equipment shall be circumscribed by an appropriate device that is at least as tall as the equipment itself # 15 - Building mass shall be stepped down along the residential edge. Yli I�r.3 ;-tr ea g eh i l e l�et.�� nl g T ^�' � #3 — Attics and messanines less than 7 ft. (ave) height shall not be counted as a story. Section 118 -767. Street & Streetscape Design Standards a. Generally: Streets in the Station Areas need to support the overall goal of a mixed use, compact, pedestrian oriented district. They should balance all forms of mobility while maximizing convenience for residents and visitors. The regulating Plan designates the required and recommended street network within each Station Area. This section specifies the typical configuration of streets within both the Station Areas. The specifications address vehicular lane width, parkway widths, r -O -W widths, number of travel lanes, on- street parking, and pedestrian accommodation. The character of streets in the Station Area will vary based on the location. Some streets, such as Davis Blvd., Mid- Cities Blvd., and Loop 820, are under the purview of TxDOT while the remaining streets are city streets. b. New Streets: In addition to standards for existing streets, this section specifies standards for new streets in both station areas. New streets in both station areas shall be based on the required or recommended designation on the corresponding regulating Plan. New streets that are designated as "TOD Street" may use any of the available street types established for the Station Areas. C. Street Types Established. Table 7.1 and associated cross sections shall establish the cross sections for each street type. The cross sections may be adjusted to fit existing contexts with the approval of the Director of Public Works. In addition, the proposed cross sections may be adjusted to meet the needs of the Uniform Fire Code as adopted by the City. Elements R -0 -W Number Lane on-street Sidewalk Cross Walk Parkway/ (Recommended of Lanes 'Widths Parking Width Requirement Tire Well Sheet Type minimum) (min.) Commercial 60 ft. 2 10 ft. Yes, both 6 ft. Intersections Tree Well, "Main" Street sides, parallel and min. of 1 6 ft. X5 ft. or angled* mid -block Commercial 80 ft. + 6 ft. 4 11 ft. Yes, both 6 ft. Intersections Tree Well, Avenue sidewalk sides, parallel and min. of 1 6 ft. X6 ft. easement or angled* mid -block TOD 80 ft. + 6 ft. 4 + turn 11 ft. No 6 ft. Intersections Parkway Boulevard sidewalk lames 6 ft. wide easement Avenue 68 ft. 2 11 ft. Yes, both 8 ft. Intersections Parkway; sides, parallel 6 ft. Aide or angled* TOD General 60 ft. 2 11 ft. Yes.. both 6 ft. Intersections Park-a Street sides. parallel 5 ft. Aide or angled* TOD Alley 20 ft. NA 16 ft. No NA Street NA 16 ft. pavement intersections width *Angled parking inay be permitted along these streets if are additional rigat -of -way of 16 ft. is made available. d. Street Cross Sections Commercial Main Street (Main Street) y T ......... . 8T7 Sidewalk Parking Travel Travel Parking Tree Sidewalk BTZ Lane Lane Well 10 10' 9' 5' 6' 5' W' R -4 -W Commercial Avenue W Up ol sldemlk I �i � tMd 10' Irai 310 s81ad Sidewalk well Parking - TOD Boulevard , , IEdS18rR @T2 Iron RorSe Nd, 10' i 87T1roin edge of $idawalk ii i , i , , (ry Tra"I Longs Trawl Lanes Park" n 9ldewa� a Horse e►odJ 80' R -D -W 6 tl1�° q e I I �I �I Ale laeem 10 La� L r Neel n Ttttvelj4anes i Idewalk 11 L 19' 11' 11' J 1D IT R - 4 - Vi 9TZ 10 IH i � I �wo V.) Avenue � 6 � Q> 'x" F+-5 - 9' -� 6' �-�►- 8' ► -� 71'-- +�+- 8'�15'�� -5'+- Yardd7idewalk Parkway Parking Travel Lane Travel Lane Parking Sidewalk 8TZ ff f8' R -0 -1 I r TOD General Street m m BTZ Sid a� �arking� T o o e Parking d walk BTZ 20' -4'-04.*-B' 8' 11' _I_ 20' , 6o' R -❑ -W ►_, TOD Alley S Green 10 r su dace parking 16' Pavement 8atcuN 20' B-0-V' cJ e. Streetscape ,&, Landscape Standards Streetscape standards shall apply to all streets within the Station Areas. Streetscape standards shall address all elements between the building face and edge of the curb. Typical streetscape elements addressed are street trees, lighting, street fainiture and pedestrian amenities, and materials. J; Street Trees 2 Street Lighting " Street Furniture Sidewalk Material Tree WeiI Grates/ Parkway Standards 1 e I wal� � Typical Streetscape Elements in TOD Streets Street Trees (it�ithin public R -0- Ws): i. Street trees shall be required on all TOD Streets (except on alleys, arterial roadways, and highway access roads). ii. Street trees shall be planted approximately 3 ft. behind the curb line. iii. Spacing shall be an average of 30 ft. on center (measured per block face). iv. The minimum caliper size for each tree shall be 3 in. and shall be a minim of 12 ft. in height at planting. Each tree shall be planted in a planting area no less than 40 sq. ft. v. Species shall be selected from the TOD District Planting List in Appendix C of this ordinance. vi. Along the TOD Boulevard, trees shall be required in the center median and spacing and species shall be the same as the trees in the parkway. Street Furnihire, Lighting, and Materials: i. Pedestrian scale lighting shall be required along all TOD streets (except on alleys, arterial roadways, and highway access roads). They shall be no taller than 14 ft. ii. Street lights shall be placed at 50 ft. on center, approximately 3 ft. behind the curb line. iii. The light standard selected shall be compatible with the design of the street and buildings. Trash receptacles and bike racks shall be required along the following TOD streets — Core Main Street, Avenue, Commercial Avenue, and TOD Boulevard. They shall be at least 2 trash receptacles per block within the public space. jeeaa e d 4 aa ,,., ffage of 100 V. Street furniture and pedestrian amenities such as benches are recommended along the following TOD Streets - Core Main Street and Commercial Avenue. vi. All street furniture shall be located in such a manner as to allow a clear sidewalk passageway of a minim of 6 ft. vii. Materials selected for paving and street furniture shall be of durable quality and require minimal maintenance. Landscape Standards (on private property): i. All surface parking lots that accommodate more than 10 cars shall be required to plant one canopy tree and three shrubs per every 1,000 sq. ft. of paved area. ii. Trees and shrubs shall be planted in landscape islands no smaller than 200 sq. ft. each. In addition, each tree shall be required a minimum of 40 sq. ft. of planting area. Trees and shrubs shall be selected from the TOT] District Planting List in Appendix C of this ordinance. iii. All lot frontages along a public street (except alleys and highways) not defined by a building at the Build -to Zone may plant a 4 ft. high (ruin.) living fence in as the required Street Screen. Such a living fence shall be composed of shrubs planted at 2 ft. on center and 2 ft. high when planted. Species shall be selected from the TOT] District Planting List in Appendix C of this ordinance. The required Street Screen shall be located within the build -to zone along the corresponding street frontage. iv. Maintenance of all landscape materials shall meet the requirement s of Chapter 114 of the City of North Richland Hills Zoning Ordinance. V. Along arterials and highway access roads, street trees shall be planted within the required landscape parkway as per Chapter 114 of the City of North Richland hills Zoning Ordinance. vi. Turf and groundcover: When clearly visible from the street and alleys, all unpaved ground areas shall be planted with low growing shrubs or ground cover, ornamental grasses, or a combination thereof. Turf grass must be installed as solid sod and not seeded on. Ground cover is encouraged over turf/sod. Section 118 -568, Architectural Standards and Guidelines The Architectural Standards and Guidelines for the TOIL Station Areas shall establish a coherent urban character and encourage enduring and attractive development. Building plans shall be reviewed by the DRC for compliance with the standards below. The key design principles establish essential goals for development in both the Station Areas to ensure the preservation, sustainability, and visual quality of this unique environment. Buildings shall be located and designed so that they provide visual interest and create enjoyable, human - scaled spaces. The key design principles are: • New buildings/building facades shall utilize building elements and details to achieve a pedestrian- oriented public realm. • Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood or environment. • hnfill design can be approached with non - historic designs using simple and neutral elements which will fit better with the character of the neighborhood. New designs generally should not copy existing structures, but must be consistent with the character, style and scale of those structures. • Compatibility is not meant to be achieved through uniformity, but through the use of variations in building elements to achieve individual building identity. • Building facades must include appropriate architectural details and ornament to create variety and interest. • Open space(s) shall be incorporated to provide usable public areas integral to the downtown environment. The Smithfield area has an historic existing character that shall be preserved by rehabilitation of existing significant buildings. In addition, new and infill construction in the district shall reflect the character of the district during its historic period of significance. a. Standards Specific to Historic TOD Zane: In addition to Standards in Subsection B, the following Guidelines shall apply for all development within the Historic TOD Zone. All changes to existing facades or new buildings within this zone shall receive a "compliance" permit from the Planning and Zoning Commission after DRC review and recommendations on the extent to which the proposed changes or new construction meets the following guidelines. Building Form car Massing: • Buildings shall consist of rectangular building forms limited to one- or two - stories in height. • Simple architectural ornamentation at the street level of buildings such as wood cornices or cast iron columns can both accent buildings, and provide visual interest for pedestrians and motorists. Do not incorporate high style architectural ornamentation that does not reflect the vernacular early 20'' century design context of Smithfield. • Recessed entries provide weather protection, protect passing pedestrians from opening doors, and add attractive detail to the storefront. Do not recess the entire storefront. Images shairing appropriate building fond and massing within the Historic Core Hori,ontal Rhythm: • A building larger than the width seen traditionally in the district (gxeater than 40 ft.) should be divided into modules (20 ft. — 25 ft.) that are similar in scale to typical buildings. • Large project sites should be developed with several buildings, rather than a single Structure. The horizontal rhythm of the street wall shall be reinforced in new buildings by using a similar alignment of windowsills, building lines, floor lines, cornices, rooflines, and floor -to -floor spacing along a blockface. Using building design elements such as cornice lines, ground floor canopies and awnings, overhangs and windowsills helps to maintain a clear visual division in building design between the street level Ground floor retail uses) and upper floors. Examples of buildings il a good horizontal rhYthna along the street. Doors and Windows: Windows and doors shall be vertically oriented. The primary entrance to buildings shall be clearly defined and oriented to the street, and not to parking areas or side or rear elevations.. Clear glass should be used in upper story and storefront windows. No reflective, heavily tinted, patterned or sandblasted glass should be used in storefront or upper story windows. Patterned, colored or sandblasted glass can be appropriately used in transoms above storefront windows, however. Buildings with appropriate door and 7rindoir openings Roof Forrn: • Flat roof forms with parapets, or gable roofs either facing or perpendicular to the street with a 5112 or similar pitch are appropriate to the character and image of historic Smithfield. Roof forms consistent with the character of Smithfield are recommended. Sloped roof shapes on one -story commercial buildings are not recommended unless they are hidden along all visible sides with a false parapet. A visual terminus, such as a simple cornice, at the tops of two -story buildings helps reinforce the character of Smithfield architecture. Building materials: • At least 75 % of each facade visible from any public right -of -way or adjoining properties (except alleys) of new buildings shall use materials typical of common building materials of the historic period and location, including brick and stone indigenous to North Texas such as dark fieldstone. Masonry materials shall be installed in a craftsman like manner that are a minimum of one inch thick and imbedded in a cementitious reinforced substrate. Stone patterns, sizes and color of individual stones should be similar to those found in historic stone buildings in the area, or typical of structures of this type, age or vicinity. Masonry bonding patterns, sizes and color should be similar to those found in the historic commercial and institutional buildings nearby, or typical of structures of the type, age and vicinity. Traditional materials such as horizontal wood siding of dimensions similar to novelty, shiplap or tongue- and - groove, or Cementitious horizontal siding, in a smooth, paintable finish and of traditional dimensions may be used as accent materials not to exceed 25% of each facade. Other non- traditional building materials shall only be permitted as accent materials (no more than 25% of each facade visible from any public right -of -way or adjoining properties). Awnings and Canopies: • Canopies of wood or metal and awnings of wood, metal, or canvas may be used to protect pedestrians and create interest along the street. • Fixed, rolled front awnings of corrugated metal, as found in many early 20'' century North Texas commercial districts, are appropriate for the Smithfield district. • Fixed canopies may extend the width of a commercial building, and may be supported at the outer edge by simple wood or metal posts, as long as the supports are non - structural and do not interfere with pedestrian passage along the front sidewalk. Buildings tii4th canopies and ala-nings proilding interest along the street and shade to pedestrians b. Standards Specific to Commercial and Mixed Use Buildings TOD Caiv� C enei - al Mixed . The following design standards and guidelines shall provide property owners, developers, city staff, and decision makers adequate design guidance for new and existing commercial buildings. 1. Location on the street: (1) Buildings shall be oriented toward the major street with the primary entrance located on that street. All primary entrances shall be oriented to the public sidewalk for ease of pedestrian access. SecomJary Entrant_ Sid. —Ik — Primary Enhance n n PaFl�y I�rYg st :wt Graphic shouing location afprhnary and secondan� entrances to buildings. (ii) At key intersections, buildings located on comer lots may utilize variations in building massing to emphasize street intersections as points of interest in the district. Maximum building heights shall be permitted to exceed by 25% for approximately 25% of the building frontage along each street fagade. i Schematic showing hou permitted tiYariations in building massing are calculated. Pedestrian - Friendly Building Massing and Scale : (i) A building's massing shall seine to define entry points and help orient pedestrians. (ii) Buildings and/or facades shall emphasize and frame or terminate important vistas. (iii) Buildings in the TOD Core zone, to the extent practicable, shall maintain a 25 ft. — 35 ft. building facade widths or multiples thereof. (iv) Variations in the rhythms within individual building facades shall be achieved within any block of building facades with architectural elements such as bays, columns, doors, windows, etc. (v) Breaks in the predominant rhythm may also be used to reinforce changes in massing and important elements such as building entrances, terminated vistas, or comer sites. (vi) Porches, stoops, eaves, awnings, blade signs, arcades, colonnades and balconies should be used along commercial storefronts and they may protrude beyond the setback line provided that they do not inhibit pedestrian movement within the public right -of -way. Variations in building riztrythm using architectural Bi ces �1 X41. I � Allotted encroachments into the setback line Retail buildings frith details that add interest along the streetscape Feature Buildings (1) Buildings which are located on axis with a terminating street or at the intersection of streets shall be considered as Feature Buildings. Such buildings shall be designed with features which take advantage of that location, such as an accentuated entry and a unique building articulation which is off -set from the front wall planes and goes above the main building eave or parapet line. No: recommended treatment of terminated vistas 4. Architectural Elements and Storefronts: (1) Shopfront buildings shall be designed and built in tri- partite architecture so that they have a distinct base, middle, and top. Contemporary design is not discouraged as long as long as it is compatible with the character of the property, neighborhood or environment. Recommended treatment of terminated vistas `l � oi l ei l Base I— Cornice W indow Umer F acade �Exption Line Recessed Entry Ptilkheae Figures showing desired architectural elements in Shopfront buildings (ii) Architectural elements shall be designed to the appropriate scale and proportions of the selected architectural style. (iii) An expression line or equivalent architectural element shall delineate the base of all buildings, and a cornice shall delineate the tops of facades that do not utilize a pitched roof. For retail storefronts, a transom, display window area and bulkhead at the base shall be utilized. (iv) Infill buildings shall maintain the alignment of horizontal elements along the block. (v) Building entrances may be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticos, porches, overhangs, railings, balustrades, and others as appropriate. All building elements should be compatible with the architectural style, materials, colors, and details of the building as a whole. Entrances to upper level uses may be defined and integrated into the design of the overall building facade. Doors and windows that operate as sliders are prohibited along the following streets - Core Main Street, Avenue, Commercial Avenue, and TOD Boulevard. (vi) Roofs: Mansard roofs are prohibited and flat membrane -type roofs that are visible are prohibited. (vii) Doors and Windows: Generally, windows shall be oriented vertically, and bay windows shall have external bottom supports. Dormer windows shall also be vertically proportioned and slightly shorter than the windows below. (viii) Transparency required: For all new construction and renovation in the TOAD Core zone, the street -level floor shall have transparent storefront windows covering no less than 65% of the facade area. Each upper floor of all building facades facing a street or plaza shall contain transparent windows covering at least 35% of the facade area. Glass curtain wall buildings are prohibited. For all new construction and renovation in the General Mixed Use, Arterial Mixed Use, and High Intensity Mixed Use zones, the required street facing facade transparency (each floor) shall be at least 30 %. (ix) Ground floor commercial and mixed use building plate heights (floor to floor) shall be at least 15 ft. in height. Two story Live /work buildings may have 12 foot floor to floor height. Upper floor to floor heights shall be a minim of 10 ft. (x) Storefronts: Retailers located at the street level shall primarily use storefronts to orient and advertise merchandise to customers. Retail buildings shall provide street - level pedestrian- oriented uses at the ground floor level. Storefronts on facades that span multiple tenants shall use architecturally compatible materials, colors, details, awnings, signage, and lighting fixtures. Vertically oriented windotivs with emphasis on corners and entrances. 5. Building Materials: (1) At least 75 % of each facade (excluding doors and windows) visible from any public right -of -way or adjoining properties (except alleys) of new buildings shall be finished in one the following materials: • Masonry (brick, stone, cast stone, rock, marble, granite, glass block and/or tile) Masonry ma terials shall be installed in a craftsman like manner that are a minim of one inch thick and imbedded in a cementitious reinforced substrate. • Npkt fbcv cax r_c- lb!a& cypowvi :x p;racv ccsncP9e4Architectural CMU with integral colors) (ii) No more than 25% each fapde (excluding doors and windows) visible from any public right -of -way or adjoining properties (except alleys) of new buildings may use accent materials such as decorative wood (naturally resistant to decay), metal, synthetic materials, or reinforced Exterior Insulating Finishing System (EIFS) (iii) Stucco and Ceynentitious- horizontal siding in a smooth, paintable finish and of traditional dimensions with at least a 50 -year warranty may only be used on the upper floors within the TOD Core and General Mixed Use Zones. This material is not permitted in the High Intensity Mixed Use and At Mixed Use Zones (iv) Side facades and rear facades shall be of finished quality and of the same color and materials that blend with the front of the building. Rear facades may be painted tilt - wall or painted block matching the same color of the rest of the building if the rear facade faces an alley or is not viewable from a public street or right-of-way. Rear facades shall not be designed as blank walls and while they may not have the same level of detailing as the other facades, they shall be designed to incorporate vertical and horizontal changes in color, materials, and articulation that are in keeping with the other street facing facades. c. Standards Specific to Residential and 2 -story Live[Work Buildings: 1. Location on the street: (i) For corner buildings, at least one primary entrance shall address the primary street unless configured as a courtyard or forecourt building. (ii) Garages generally shall be located on alleys at the rear of residential buildings; pull- through garages are allowed if the garage door is set back behind the rear facade of the main structure. If front - loaded garages or carports are utilized on single - family residential lots, the garages and carports shall be no greater than 12 ft. wide, and set back at least 20 ft. measured from the face of the main structure closest to the garage /carport or rotated 90 degrees with windows on the wall facing the street. All garage doors shall be divided into single bays separated by at least an 18 in. coltunn. Front - loaded garages on residential lots less than -54 60ft. wide shall not be allowed. Town homes and courtyard apartments shall utilize rear - loaded garages. Retail storefronts tt , ith transparent windows 2. Pedestrian - Friendly Building Massing and Scale : (i) On residential buildings, at least one of the following shall be utilized: porches, stoops, bay windows, balconies, masonry clad chimneys, attached pergolas or colonnades. Those architectural elements may encroach beyond the setback line to a maximum of 50% of the setback. (ii) The grade of the slab or main floor elevation shall be elevated at least 18 in. above the grade of the sidewalk. 3. Architectural Elements: (i) Residential buildings shall have relatively flat fronts and simple roofs with most building wing articulations set at the rear of the structure. Window projections, stoops, porches, balconies, and similar extensions are exempt from this standard. (ii) Gable roofs, if provided, shall have a mini mum pitch of 5112. When hipped roofs are used, the minim pitch shall be 5112. Other roof types shall be appropriate to the architectural style of the building. (iii) Architectural embellishments that add visual interest to the roofs, such as dormers and masonry chimneys may be provided. (iv) All new residential buildings shall have windows or doors covering no less than 30% of all sheet facing facades. _`�I cif, � 3 •r r� Residential totirnhoines irith .stoops, doriners, and other architectural ernbellishinents that add visual interest along the street. Kesidential toisvhonies frith prhnary entrances to the street Live -iivrk units ti lth ba_v u1ndoii!s 4. wilding Materials: (i) At least 75 % of each facade (excluding doors and windows) visible from any public right -of -way or adjoining properties (except alleys) of new buildings shall be finished in one the following materials. No more than any combination of three of the fallowing different materials shall be used on any single facade: • Masonry (brick; stone; man -made stone a: zhU1c utiliziag a stvp pre`ss). Masonry materials shall be installed in a craftsman like manner that are a minim of one inch thick and imbedded in a cementitious reinforced substrate; • Stucco and Cementitious horizontal siding, in a smooth,. paintable finish and of traditional dimensions with a 50-year warranty shall be restricted to upper floors and no more than a maximum of 50% of the block face on the first floor of any building block face. (ii) The following shall be only allowed up to 25% of each facade as an accent material: • Decorative wood (naturally resistant to decay), metal, synthetic materials or reinforced Exterior Insulating finishing System (EIFS) or similar material over a cementitious base, rock, glass block and tile. (iii) Alley facing facades shall be of finished duality and of the same color and materials that blend with the front of the building. (iv) Roofing materials (visible from any public right-of-way): copper, factory finished painted metal, slate, synthetic slate, terra cotta, cement tile, glass fiber and asphalt shingles. (v) An enclosed garage or carport shall be designed and constructed of the same material as the primary building. d. Building Types permitted by Character Zone: Table 8.1 shall establish the building types permitted by Character Zone. Table 8.1 Building Type Matrix Character Zone Historic TOD Care Gen. Core Mixed Building Type Use (I & S) 1. Shopfront building — residential occupancy P P P lsntited to upper floor TOD Res. Arterial High 1 *11U Intensity 'NIIU P /`" (2 -mkv: P P eemmefeittl w Ern m 1 'l) NP Character Zone Historic TOD Core Gen. Core Mired Building Type Use (I & S) 2. 3-Story Mixed Use (loft building) —residential NP P P occupancy limited to upper floors 1 3. 4-Story Mixed Use ([off building) — residential occupancy limited to upper floors TOD Res. Arterial High Mu Intensity Nfu WG (eofh P P P01*1mewial em4y) NP RNP P eH4y) NP Character Zone Historic TOD Core Gen. Core Mir ed Building Type Use (I & S) 4. 2 -story live-work — residential occupancy limited -P NP -P NP P to upper floor — 12 foot floor to floor height 5. Apartment building — 4 story maximiun height 6. Multi-unit house — 2 story maximum height — 5 dwelling units per house maximum TOD Res. Arterial High MU Intensity MU VQ1*11*1QFGial OFF• P I�li�9�1�9►1: NP 4 NP P P 121�Wlu NP NP Character Zone Historic TOD Core Gen. Core Mir ed Building Type Use (T & S) 7. Townhouse — 3 story maximum height NP P P N f 1 1� i !7� TOD Res. Arterial High MU Intensity MU P NP NP 8. Detached house — 2 story maxim height NP NP P P NP NP Building Type 9. Commercial building (high rise) Character Zone Historic TOD Core Gen. Core Mixed Use (I & S) NP NP NP lo. Hotel(munber of stories limited to character district height standards) e. Quality Building Amenities. TOD Res. Arterial High MU Intensity MU NP NP P PISDP P in P NP P P Iron Horse NP in Smithfield The following regulations shall be required on all non - single family dwellings and buildings within the TOD zoning district. 1. Elevators on all 3 story and above buildings with the exception of individually platted townhome lots. 2. Enclosed air conditioned stairways and corridors. 3. Alarm systems. 4. Sprinklers. 5. All HVAC units required on roof tops except for individually platted townhome lots and mixed use buildings less than 12,000 square feet in size. All allowed ground HVAC units shall be screened and placed at the side or rear of the lot and not visible from the street. All non - single family dwellings shall conform to the latest version of the International Energy Conservation Code. All mixed use buildings with 3 or more stories must have non - combustible construction on the first floor and a 2 -hour fire separation between the first and second floors. The following regulations shall be required on all single family dwellings and individually platted townhomes within the TO]D zoning district. All developments with lot widths less than 60 feet are required to be served by rear entry alleys. Section 118 -569. Signage Except as specifically listed below, all other signage and sign standards must comply with Chapter 106 of the City of North Richland Hills Code of Ordinances, as amended. (1) For conforming uses and new signs for non - conforming uses, the standards in Table 9.1 shall apply and sign permits may be approved administratively unless specifically noted in this section. An applicant has the option to establish unique sign standards including size, color, type, design, and location based upon specific performance criteria. Such sign standards shall be reviewed by the Sign Review Committee and is subject to approval of the Sign Review Board. Non conforming signs shall meet Chapter 106 of the City of North Richland Hills Code of Ordinances. Character Zone Historic TODD GIMU Core Core (S & 1) Sign Type (1) Wall (Building) P P Signs Table 9.1 Arterial High TOD Standard MU Intensity Res. W P P P P • For all commercial uses fronting on 1-820 (2) Monument NP-PC #P P P P • For all other commercial uses (retail, office, Signs and restaurant): One sign per tenant space; PC area to be calculated at 1 sq_ ft. per linear foot of public street frontage with a maxim of (3) Window Signs P P P P P (4) Blade Signs P P NP NP NP (5) For sale/for P P P P P clearance of 8 ft_ from the finished sidewalk_ lease signs • Wall signs may be internally or externally lit. • In the TOD Residential Zone, wall signs are only permitted for commercial uses (including (6) Address signs P P P P P (7) Temporary P P P P P P construction (comm. . In the TOD Residential Zone, window signs uses are only permitted for commercial uses only) (comet. access road: One sign per tenant space; area to uses be calculated at 0.75 sq_ ft. per linear foot of only) highway frontage with a maximum of 200 sq- fl_ • For all other commercial uses (retail, office, and restaurant): One sign per tenant space; area to be calculated at 1 sq_ ft. per linear foot of public street frontage with a maxim of 50 sq. ft_ • Second floor commercial uses may also be permitted one second floor wall sign per tenant space per public street frontage; area to be calculated at 0.75 sq_ ft. per linear foot of second floor frontage along that public street. • Live -Work and Home occupations: One sign limited to an area of 12 sq_ ft. m • May encroach a maximum of 12" on to a sidewalk while maintaining a vertical clearance of 8 ft_ from the finished sidewalk_ • Wall signs may be internally or externally lit. • In the TOD Residential Zone, wall signs are only permitted for commercial uses (including the `work" component of live -work uses)_ NP • One monument sign per lot per street frontage (no more than 2 per lot separated by at least 100 ft_) limited to a maximum of 50 sq_ ft_ per sign face and 6 ft_ in height_ • Historic Core and TOD Core only allowed in Arterial frontage landscape buffer P • Limited to 4946 25% of the window area. (comm. . In the TOD Residential Zone, window signs uses are only permitted for commercial uses only) (including the "work" component of live - work uses) - The following shall be exempt from this limitation: • Addresses, closedlopen signs, hours of operation, credit card logos, real estate signs, and now hiring signs. • Mannequins and storefront displays of merchandise sold. • Interior directory signage identifying shopping aisles and merchandise display areas. P . Shall be permitted for all commerc uses (comet. only (retail, restaurant, and office) uses . 15 sq- ft_ maxim per sign face. only) • May encroach a maxim of 4:t_ over a public sidewalk/R -O-W. • Blade signs may be attached to the building or hung under the soffit of an arcade or under a canopylawnmg while maintaining a vertical clearance of 8 ft. from the finished sidewalk. • In the TOD Residential Zone, blade signs are only permitted for commercial uses (including the `work" component of live - work uses)_ P . Size is limited to 32 sq_ ft. per sign face • All other standards are the same as Sign Ordinanc P Same as Sign Ordinance P 1 free standing sign per lot during construction only; limited to 32 sq. ft. Character Zone Historic TOD GRNIU Arterial High TOD Standard Core Core (S & I) MU Intensity Res. signs (8) Banners P P P P P P Same as Sign ordinance P P NP NP NP P • Permitted only for retail, service, or restaurant uses • Limited to 8 sq- ft- per sign face per storefront; • Sign may not exceed 2 ft in width or 4 ft_ in height- • A minimum of 6 ft- of sidewalk shall remain clear- • Chalkboards may be used for daily changing ofinessages- Readerboards (electronic and non -electronic) shall be prohibited- • Sign shall be removed every day after the business is closed - (9) Light Pole P P P P P P • 10 sq -11 per sign face- B anners • Limited to one per light pole • All light pole banners shall be approved by the appropriate utility company prior to consideration by the Sign Control Board- * Light pole banners shall be limited to publicize community -wide events, holiday celebrations, public art, and other city sponsored events - (10) Directory P P P P P P • shall be allowed for all multi- tenant signs buildings only • one directory sign per multi - tenant building limited to 10 sq- ft- in area • Design of the sign shall be integral to the fagade on which the sign is to be affixed - (11) Any sign with NP NP NP NP NP NP . To be reviewed as part of city - wide LED lights or regulations electronic reader boards (12) Traffic P P P P P NP • Only allowed on 60 foot or greater streets; Directional can include multiple locations; only Signs showing name and direction of co or civic facilities at least 15,000 square feet of space or identify general districts or locations; consistent color and theming and approved by the Sign Review Committee • All traffic directional signs within right -of way shall not exceed six square feet in area with a maximu height of 40 inches (13) Pole Signs NP NP NP NP P NP • Only allowed within freeway overlay district on Loop 820 frontage based on Section 106 -3 regulations Section 118 -570. Civic /Open Space standards a. - -,kN n�.L� and dyer of Ciriz49p S9n - .vz kx t!vc rrra S'7nzir : "am nMK' bo tezed c>;. the ca: k Slok�.� Required Public Open Space: All new development shall provide a minim of 5% of the grass area of the site as outdoor /unenclosed open space available to the general public. Required public open spaces may include pocket parks, children's play areas, greens, squares, plazas, pocket plazas, promenades, pedestrian passages (paseos), or linear greens. Open Spaces should be designed to be prominently featured, visible and accessible from the public right of way, and add value to the neighborhood. Required public open spaces can be publicly or privately maintained but must provide general public access and pedestrian connectivity to be counted as a required open space. Shaded pedestrian corridors such as promenades and paseos are encouraged to provide pedestrian linkages between buildings, blocks and uses. Extended sidewalk and pedestrian plazas located on private property can also be allowed as part of open space requirements. Required yards and retention/detention areas are not considered as public open spaces. b. Square, parks, and greens are appropriate in any Character Zone. Plazas may serve as open spaces and shall only be appropriate in the Historic Core and the TOD Core Character Zones. 'i\ IS- nmw &e 'Q_crpmcet aMd w: *hLx tki tiro s'tatias A�Qra z1 1' F-r/ /_S& a ffflem of 10%, 3f-the Woy. x-oa of iliz -ktz -m uaabIe­Ci�ka /`v�_ Gpu z. No trot thixra V t'ae 7 _- q u I e r; r)Pe, Spate =Y be M �kr 1°o-_�m of p-k—We opcx opera d. All new development and redevelopment of property less than 10 acres may pay a park dedication fee based on the city's Code of Ordinances Chapter 62 in lieu of the above requirement. L Thcllvni-X omlk n.d Io lo-,lc axd &oigr. C•ri.fOper. Spa.. - ix tti two T ce tc nxd dezi s p1amz or agaaVO + o_ adj i rOzi'. cxd co=_IQ_NC:a' D&�-Qz. Na vcz shall be so o� A-Kc &' '/ Qr_W asd s-3 1 1-a- - ser ±ks '_ a` .Xc\ ; J�zll b ✓.na or�llor d.\m '/, _ atA ri3 Im?3Y than 2 avrcu. ii. AR `"i z1✓ate be dcci- .W be pii~asya>Jc �e-te iii. Ci r:zfOpan 6pa;a- s --may Zia ift the fafm of peeketrffln, ahiM7_­_'z ph ar p3cm, zryrcva, ova "�wwrr grxaz. Agt�riz ,®Ycrtw ficids 2ad-- st7AomcI acti•rkiaa abclkl':. klm4e44Q4@s&-!h!, 11— ! of =f pa-,Lo ? ocavd ;x :v.- S'ta#m I'sr m f Required Private Personal Open Space: All new residential development shall provide a Private Personal Open Space to a minim of 75 % of units in the form of porches, stoops, patios. decks. balconies or roof terraces. Section 118 - 571. Administration This section sets forth the provisions for reviewing and approving development applications within both the Station Areas. The intent is to ensure that all development and redevelopment is consistent with the provisions of this ordinance and the goals for Transit - Oriented Development in the City. All sections of this ordinance shall be applied during the review process. a. Overview of the Development Review Process: Development and redevelopment within the two Station Areas is streamlined and shall follow the following guidelines: i. All non - residential or mixed use development or redevelopment of one or more properties that is 14 acres or larger may submit a concept plan prior to a site plan. ii. All residential development must have an approved Concept Plan prior to building permit application. iii. All non - residential or mixed use development must have a site plan approved by the city prior to building permit application. iv. All development or redevelopment must have a final plat approved by the city prior to building permit application. b. Concept Plan: The Concept Plan in the TOD District is intended to illustrate that the general development pattern proposed is consistent with the purpose and intent of the TOD and Station Area Plans. The applicant shall submit a Concept Plan for the entire property under consideration for development. A Concept Plan is not intended to be a detailed proposal; rather, it shall illustrate general location of land uses, street layout, treatment of transition areas to adjacent uses and any other appropriate information required by this ordinance. The Concept Plan in this Zone shall illustrate the general design direction of the site(s) with adequate information on the design intent, intensity, and phasing of the project. Rerauirements of Concept Tern Submittal- The applicant shall prepare a Concept Plan demonstrating compliance with the District's purpose and standards and the City's Comprehensive Land Use Plan for review by the Development Review Committee (DRC). A Concept Plan shall include the following: i. Map(s) and/or reports that include the following information (maps drawn to an appropriate scale): 1) location of the subject property including delineation of Character Zones, required and recommended streets, and any special frontage requirements. 2) the layout of proposed blocks, streets, alleys, and trails consistent with this ordinance and other city ordinances and plans; 3) delineation of the proposed street type of each new and existing street 4) the location, acreage, and type of open space areas with an indication for each whether it will be privately owned, a common area for residents only or dedicated to public use; 5) the location, acreage, and percentages of retail, office, residential, civic, and open space uses by Character Zone and compliance with the Mixed Use Criteria for each Character Zone 6) conceptual images of proposed buildings, open spaces, and streets including architectural renderings, typical elevations, photographs, and other graphics. 7) A schedule for the proposed development (or for each phase, if it is to be developed by phases), which schedule shall not be binding but shall be provided in order to show generally how the applicant will complete the project containing the following information: • The order of construction by section delineated on the Concept Plan; • The proposed schedule for construction of improvements to open space areas; • The proposed schedule for the installation of required public or utilities improvements and the dedication of public rights -of -way, easements and properties. c. Site Plan: All non - residential and mixed use development within the Station Areas must have a site plan approved by the city prior to the issuance of a Building Permit. All Site Plan applications shall meet the submittal requirements for a PD Site Plan in Section 118 -241 of the City of North Richland Hills Zoning Ordinance. d. The City's Development Review Committee shall be responsible for the following: ii. Reviewing applications for concept plans, site plans, plats, and any other development related applications within the two Station Areas. iii. Make determinations on the applications and interpretations of guidelines, standards, and requirements of this ordinance. iv. Approval of Concept and Site plans within the two Station Areas that comply with all applicable city ordinances. e. Appeals and Special Development Plans All applications that appeal the decision of the DR.C, request a modification to any of the standards within this district, request any development bonuses, or development incentives shall be reviewed and processed as "Special Development Plans" Special Development Plans: Special Development Plans are intended to allow applicants development flexibility to address specific market opportunities and/or contexts. An application for a Special Development Plan may only be approved by the City Council after a recommendation has been made by Planning and Zoning Commission. The DRC shall review and make recommendations on all SDPs prior to forwarding it to the Planning and Zoning Commission. In evaluating a Special Development Plan, City Council shall consider the extent to which the 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 fixture opportunities for higher intensity transit - oriented development Transitional Surface. Parking Lots: In addition, all Transitional Surface Parking lots within the Historic TOD and TOD Core zones that accommodate 50 or more cars within one or more contiguous lots may only be permitted with a Special Development Plan approval by City Council. Applications for an SDP for a Transitional Surface Parking lot shall include a phasing plan for development on the site that would be in compliance with the standards for that specific character zone. In approving an SDP for a Transitional Surface Parking lot, City Council may impose a time -limit on the use. An applicant may request 3 -year extensions of such an SDP to City Council with any supporting information on future development phasing and justify the need to extend the use of the surface parking lot. A Transitional Surface Parking lot may be converted into a building site with Site Plan approval at any time. Legal no r- conform ng structures: Any buildings or structures that were legally permitted and constructed at the time of adoption of this ordinance but do not meet the Building Form and Development Standards in Section 115 -566 or Architectural Standards and Guidelines in Section 115 -565 may continue to exist. However, any expansion shall meet the standards of this ordinance unless a Special Development Plan is approved by City Council. While considering approval of such an SDP, City Council shall evaluate the extent to which the application meets the intent of the TOD Building Form and Development Standards, and Architectural Standards and Guidelines. £ Special Events and Special Use Permits: Special Events shall be regulated by Ordinance 115 -715 and Special Use Permits shall be regulated by Ordinance 115 -201 of the City of North Richland Hills Zoning Ordinance. g. Plat Approval: i. Preliminary Plat Approval: An application for Preliminary Plat may be submitted only after approval of a Concept Plan or site plan for development. A Preliminary Plat may be submitted for all of a planned development or for a portion of development. The Preliminary Plat shall generally conform to the approved Concept Plan. The applicant shall follow Chapter 114, Article IV of the city's Subdivision Regulations, for the Preliminary Plat Submittal Requirements. Simultaneous Submittals - Applications for a Preliminary Plat approval may be submitted for review simultaneously with the Concept or Site Plan application. In such cases, any approval of the Preliminary Plat must be conditioned upon the approval of the Concept or Site Plan. If the approved Concept or Site Plan includes any additions or conditions by the DRC, the Preliminary Plat undergoing simultaneous review must be amended to conform to the approved Concept or Site Plan. ii. Final Plat Approval: An application for Final Plat approval shall be submitted only after a Preliminary Plat has been approved for development. A Final Plat may be submitted for all of a planned development or for a portion of development. The Final Plat shall conform to the approved Preliminary Plat and Concept or Site Plan. The applicant shall follow Chapter 114, Article V of the city's Subdivision Regulations, for the Final Plat Submittal Requirements. h. Non Conforming Uses, Buildings, and Sites: All non conforming uses, buildings, and sites shall meet Section 118 -151 of the city of North Richland Hills Zoning Ordinance with the exception under Section 118- 571(e) above corder Special Development Plans of this Ordinance. i. Amendments to Approved Site Plans The Planning Director may approve minor changes to and deviations from approved site plans with the applicant's written justification of the nature of changes. Minor changes are those that do not materially change the circulation and building location on the site, increase the building area, or change the relationship between the buildings and the street. Any significant changes to and deviations fi approved site plans shall be regarded as an amendment to that particular plan and shall be reviewed and subject to DRC approval. The Planning Director shall make the determination as to whether a proposed change is minor or significant. j. Amendments to the Regulating Plan and/or Zoning Text: Amendments and changes to the Regulating Plan, text changes, property boundaries or requests for Special Development Plans shall be processed as an amendment to the zoning ordinance under Article 11, Division 5 of the North Richland Hills Zoning Ordinance. Appendix C Recommended Planting List The following lists contain all species approved for use in the two TOD Station Areas. It contains native and acceptable adapted species. Other species that are drought tolerant and adaptive may be used for planting within the TOD Station Areas. The use of alterative species may be permitted with the approval of the Zoning Administrator. CANC)PYISTREET TREE LIST Common Name Live Oak Shumard Red Oak Texas Red Oak Chinquapin Oak Post Oak Black Jack Oak Shantung Maple Lacebark Elm Cedar Elm Thornless Honey Locust Bald Cypress Pond Cypress Botanical Name Quercus virginiana Quercus shuniardii Quercus tuna Owrcus muhlenbergii Quercus stellata Quercus tnarilandica Acer truncatuin Urn us pan4folia +Unnis crassifiolia Gleditsia triacanthos var. inermis Taxodium distichurn Taxodium ascendens AREA VEGETATION LIST (In addition to the above list, these plantings may be placed in Civic /Open Spaces or used to meet the private landscaping requirements of the Code.) Common Name Botanical Name Pecan Carya illinoensis Chinese Pistache Pistacia chinensis Bur Oak Quercus macrocarpa Magnolia Magnolia grandiflora Texas Redbud Cercis Canadensis var. texensis Oklahoma Redbud Cercis x texensis Eve's Necklace Sophora afnis Yaupon Holly Ilex vomitoria Ginkgo (male only) Ginkgo biloba Crepe Myrtle Lagerstromia indices The applicant shall select drought tolerant, low maintenance, and adaptable shrubs and ground cover based on the placement on the site subject to approval by the Zoning Administrator. ORDINANCE NO. 3240 AN ORDINANCE AMENDING THE NORTH RICHLAND HILLS COMPREHENSIVE PLAN AND COMPREHENSIVE ZONING ORDINANCE BY AMENDING DIVISION 15 OF ARTICLE IV OF CHAPTER 118 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission has after conducting a public hearing has made its recommendation for the following amendment to the zoning ordinance; and WHEREAS, after appropriate notice and public hearing, the Planning & Zoning Commission of the City of North Richland Hills, Texas has forwarded a recommendation to the City Council for amendment of the City® zoning ordinance as set forth herein; and, WHEREAS, notice has been given and public hearings held as required for amendments to the zoning ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by amending Division 15 of Article IV of Chapter 118 of the North Richland Hills Code of Ordinances which shall read as shown on the attached Exhibit A hereto which is made a part hereof by reference. Section 2: Any person, firm or corporation violating any provision of the comprehensive zoning ordinance as amended by this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid 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. FIR IIl1i N17- 1I`rI40 Passed on this 4th day of March, 2013. I:� ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney 1 -1 ;J:19]►1=I'1_F'M 119X+161 ►10 :1:16 CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor John Pitstick, Planning & Development Director EXCERPT FROM THE MINUTES OF THE FEBRUARY 21, 2013 PLANNING AND ZONING COMMISSION MEETING TiR 2013 -01 'Public Hearing and Consideration of Amendments to the Transit Oriented Development (TOD) District Code in the Comprehensive Zoning Ordinance of the City of North Richland Hills Chairman Shiflet opened the Public Hearing for TR 2013 -01. John Pitstick came forward stating this Public Hearing is to consider the revisions made the Transit Orientated Development Code. This is advertised to go the City Council on March 4, 2012. The revisions to consider are as follows: TOD Text Revision Summarv: 1. Permitted Uses restrict unwanted uses such as heavy construction or manufacturing, alternative financial and second hand dealers. 2. Mixed Use Criteria administered by the DRC based on entire character zone for first floor building area. 3. Parkinq Ratios adopted from Home Town with shared and on- street parking. 4. Public Oren Sr)ace adopted from Home Town standards (5% of gross acreage). Private personal open space for porches, stoops, patios, decks, balconies. 5. Build -to -Zones defined by either buildings, 4 foot street screen or public plaza. 6. Block Standards revised to reflect character zones. 7. Apartment Buildings only allowed in TOD Core with density and quality amenities. 8. New Sinale Familv and Townhome standards; Alleys required on all single family lots less than 60 feet in width. 9. Architectural Requirements allow for contemporary design. 10. Buildina Materials and Construction — 75% brick, stone„ tile and architectural block required Stucco and hardy board restricted to upper floors and a maximum of 50% of the block face on the first floor of residential buildings. Definitions — (page 5 -6) new definitions for multiunit house and townhouse Permitted Uses (page 11 -12) 2 —story Live/Work — only in General and Residential Multiunit House — only in General and Residential Full Service Hotels- allowed in Iron Horse, special development plan for Smithfield Subzones (page 14 -16) Historic TOD — no Live/Work buildings TOD Core — no multiunit houses Architectural standards a. Historic (page 34) b. Commercial & Mixed use (page 36) c. Residential and 2 story live/work (page 40) Buildinq Tvpes (pages 44 -40) 2 story live/work — not permitted in Historic or TOD Core, permitted in TOD Residential Multiunit House — not permitted in TOD Core Full Service Hotel — permitted in Iron Horse, permitted by special development plan in Smithfield January 14, 2013 City Council work session February 7, 2013 Planning & Zoning work session February 21, 2013 Planning & Zoning Public Hearing March 4, 2013 City Council Public Hearing and proposed adoption of new TOD text Rezoning of Iron Horse area contingent on TEXRail and Cotton Belt planning for permanent Iron Horse station John Pitstick said these revisions are recommended for approval to the City Council for a Public Hearing on March 4, 2013 for new adoption. Chairman Shiflet closed the Public Hearing and entertained a motion. ►.1 »:Z�1�1 � �1 Steven Cooper motioned to approve TIC 2013 -01 as proposed. The motion was seconded by Mike Benton and passed unanimously (7 -0). M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 34-2013 Subject Agenda Item No. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date 34-2013 Subject Agenda Item No. E.0 PUBLIC WORKS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 34-2013 Subject: Agenda Item No. E.1 Authorize the City Manager to Execute a Professional Agreement with Lee Engineering in the Amount of $51,400 for the Signal Timing Synchronization update Project ST1301. Presenter: Timmy Cates, Public Works Operations Manager Summarv: Council is being asked to allow the City Manager to execute a Professional Service Agreement for the CIP Project identified as ST1301 — Signal Timing Synchronization Update. General Description: This project will consist of updating and optimizing the signal timing plans on eleven (11) signalized intersections along Davis Boulevard and three (3) signalized intersections on Precinct Line Road. Over the last several years there have been significant changes in the traffic pattern along the two corridors. Reconstruction along Northeast Loop 820 has led to an increase in traffic volume along the two corridors. This has caused an increase in the number of stops and delay times for motorists at the signalized intersections. The existing timing plans need to be updated and optimized to account for the changes in the traffic patterns along the two corridors. Public Works selected Lee Engineering (LEE) for the professional services for the project. LEE has completed numerous projects of this type for the city. Their work has always met the city's expectations and all work has been completed on time. The scope of work provided for this project is outlined in the engineering agreement. Listed below are the key items identified in the scope of work: Task I - Kick off Meeting Staff meeting with LEE to discuss the signal timing plans to be developed. Gathering data, concerns and discussing sequence of the project. Task 2 — Data Collection LEE will collect all current traffic data and traffic volumes. Peak periods of time will be established and data collected during these times. Travel runs will also be performed to establish existing conditions in the field. Task 3 — Site Visits /Field Observations Field visits will be conducted to confirm existing intersection lane configurations, signal phasing, distances between intersections and posted speed limits. Critical issues such as capacity constraints and queue buildings will be observed. Task 4 — Signal Timing Development Using Data from the previous tasks, LEE will develop existing traffic models for weekday A.M., P.M. and off peak periods. After the models have been developed, new signal timing plans will be developed that will optimize the signal timing plans for each intersection. The new timing plans will establish progression for traffic and reduce queue buildings along the corridor. Task 5 — Signal Timing Implementation and Fine - Tuning LEE will assist staff on implementing and fine - tuning the timing plans. Adjustments will be made in the field and test runs will be made. Task 6 — After Travel Time Runs After travel time runs will be performed to help provide field results of the new timing plans in comparison to the "Before" travel time runs. Task 7 — Final Documentation LEE will provide a memorandum summarizing the results and improvements accomplished during the project. Task 8 — Signal Timing Adjustments Upon Completion of final documentation, LEE will respond and make minor adjustments to the signal timing plans that staff may need. This project should take approximately 5 months to complete, if data collection starts in April. The new timing plans should be in place during the summer of 2013. As Council is aware, there are two new traffic signal lights that are planned for Davis Boulevard in the future. One location is at Creek View Drive /Post Office and the other is a modification to the signal light at Bridge Street when Smithfield Road is realigned. The new signal timing plan updates for this project will not need to be updated once the two new traffic signal lights are installed. The new traffic signal lights will be designed with the correct signal timing plans in place to match the rest of Davis Boulevard. Staff has negotiated a fee of $51,400 for the services. Sufficient funding is available for the project. Council approved $95,000 for the project in the Capital Improvements Project Budget for FY2012113. The savings is primarily due to LEE being able to provide a lower fee due to their past work on these two corridors. They have the existing data for the current signal timing plans on hand along with all travel runs that were done with the last updates. LEE also has all the modeling data configured for each signalized intersection. Recommendation: Authorize the City Manager to execute the Professional Service Agreement with Lee Engineering in the amount of $51,400. ENGINEERING AGREEMENT 8030 LT E L FREEWAY SUfi 1650 DALL4S,TEXAS 75234 972/24a -3001S FAX 9721548 -3855 TOLL FREE 888/298 -3006 LR Enanaiuna February 6, 2413 Mr. Jimmy Cates Public Works Operations Manager City of North Richland Hills 7301 N.E. Loup 820 North Richland Bills, Texas 76180 Re: Traffic Signal Timing flans along Davis Boulevard (FM 1938) and Precinct Line Road Dear Mr. Cates: Lee Engineering is pleased to submit this proposal to perform engineering services for the City of North Richland Hills. This proposal is based on discussions with you regarding the needs of this project. If accepted, this letter will serve as an agreement between the City of North Richland Hills and Lee Engineering (LEE) to provide the services outlined in the Scope of Services below. PROJECT UNDERSTANDING The intent of this project is to develop, implement, and fine -tune optimized signal tinning plans for 1.4 intersections in 3 systems on Davis Boulevard (FM 1938) and Precinct Line Road identified in Exhibit 1. LEE will follow the Scope of Services below in completing this project. exhibit 1. Davis Boul evard (FM 1938) Study Intersections South Davis Boulevard 5vsteml 1. Davis Boulevard (FM 1938) at Maplewood Avenue 2. Davis Boulevard (FM 1938) at Harwood Road 3. Davis Boulevard (FM 193 8) at Lola Drive 4. Davis Boulevard (FM 1938) at Emerald Hills Way 5. Davis Boulevard (FM 193 8) at College Circle 6. Davis Boulevard (FM 1938) at Bridge Street 7. Davis Boulevard (FM 1938) at Main Street North Davis Boulevard System 8. Davis Boulevard (FM 193 8) at North Tarrant Parkway 9, Davis Boulevard (FM 193 8) at Target Driveway 10. Precinct Line Road at North Tarrant Parkway 11. Precinct Line Road at Davis Boulevard (FM 1938) Precinct Line System 12. Precinct Line Road at Amundson Drive 13. Precinct Line Road at Glade Road 14. Precinct Line Road at Rumheld Road Proposal for Davis Boulevard Traffic Signal Timing (20 1 3 3) Page 1 of 4 MA0PERAT10NS124131NRH - 2013 Dais Boulevard Siuml Timing.dgcx SCOPE OF SER'VII)CES Task 1 - Kick -off Meeting LEE will hold a project kick -off meeting with the City of North Richland Hills staff to discuss the systems and the signal timing plans to be developed. We have assumed three tinning plans (weekday AM, PM and off peak periods) will be developed as part of this project. During the meeting, we will also gather existing signal timing and phasing information (signal timing sheets) and existing signal hardware information for each of the 14 intersections from the City. Task 2 -- Data Collection LEE will collect bi- directional 4 -day machine counts (Thursday to Sunday) at one location within each of the three (3) systems identified in Exhibit 1. These counts will be used to identify the peak periods for the systems and the weekday and weekend variations. The machine counts will also be evaluated to determine peak period times to collect turning movement count data. At this time we anticipate collecting turning movement count data for the weekday AM, PM and off peak periods at each project intersection. These machine counts along with the turning movement counts will be utilized in determining the times during which each plan should be in operation. BEFORE travel time runs (5 in each direction) will also be performed for the South Davis Boulevard system during each of the weekday AM, PM and off peak periods prior to implementing any new signal timings along the system. With the intersection of Mid- Cities Boulevard at Davis Boulevard operating under the Rhythm System and the ability of that intersection to operate under different cycle lengths during the same peak period, the travel time runs for this project will be conducted on Davis Boulevard (FM 193 8) from Bridge Street to Maplewood Avenue. These runs will provide a summary of existing conditions in the field. Task 3 — Site Visit I Field Observations LEE will conduct a field visit to confirm existing intersection lane configurations, signal phasing, signal head displays, distances between intersections, turn lane storage, pedestrian crossing distances, and posted speed limits. We will identify location of special event traffic generators, railroad crossings, and school zone limits and time durations. In addition, we will observe traffic operations along the systems during the weekday AM, PM and off peak periods to identify critical issues such as capacity constraints and queue buildups. We will also photograph each approach and comer of each signalized intersection along the systems. These photographs will show lane assignments, comer conditions, and traffic signal hardware. Proposal for Davis Boulevard Traffic Signal Timing (20 13) Page 2 of 4 MAOPFRATIMS)20131NRH - 2013 Davis Boulevard. Signal Tim in&doex Task 4 -- Signal Timing Development Using the data collected in the previous tasks, LEE will develop existing traffic models using Synchro for the weekday AM, PM and off peak periods. Existing capacity analyses for each intersection on the systems will be performed using the weekday AM, PM and off peak Synchro models to model "before" conditions. These models will help confirm conditions observed during the field observations of existing conditions. Controller interval timing parameters (minimum greens, extensions, vehicular yellows, all -reds, and pedestrian clearances) will be reviewed and updated, if necessary, using current traffic engineering practices. After the Synchro models have been developed, we will incorporate existing or new controller interval timing parameters based on the outcome of previous tasks. We will test a range of possible cycle lengths and select a cycle length that will provide good bandwidth and satisfies phasing and timing requirements at the critical intersections. Using these models we will generate optimized signal timing plans for the study intersections. The timing plans will establish progression for traffic and reduce queue buildups. The timing plans will include cycle lengths, signal phasing, splits, offsets, pedestrian walk and clearances, and times of day for which each plan should be used. We will conduct in -house review and fine - tuning of these timing plans. Upon completion of the initial signal timing plans, we will deliver the preliminary timings for review by the City of North Richland. Hills. The preliminary timing data will include input data, timing parameters, offsets, phase sequence and splits, and time -space diagrams. After meeting with staffto discuss their review comments, the timing plans will be finalized and all necessary timing parameters will be provided to City staff either in standard forms developed by LEE or in a format desired by the City. Task 5 — Signal Timing Implementation and Fine - Tuning LEE will work with City staff to implement and fine -tune the timing plans. The fine- tuning effort will include field observations of each intersection and test runs through the project intersections during each peak period. Adjustments to splits and offsets will be identified to accommodate traffic conditions. Modification to the timing plans will be provided to City staff based on the adjustments identified. We will provide documentation of all field timing adjustments (fine - tuning) after the approved timing plans have been implemented in the field. Task 6 — AFTER Travel Time )Stuns AFTER travel time runs (5 in each direction) will be performed along the Southern David Boulevard system during each of the weekday AM, PM and offpeak periods after the implementation and fine - tuning of the new signal timings in the field. The limits of the "after" runs will be the same as that of the "before" runs. The "after" runs will help provide field results of the new timing plans in comparison to the "before" travel time runs. Proposal for Davis Boulevard Traffic Signal Timing (2013) Page 3 of 4 MAOPERAUONS12013\NRH - 2013 Davis BaulevArd Signal Timing doex We will perform capacity analyses for each intersection along the systems using the weekday AM, PM and off peak period Synchro models. The implemented and fine -tuned timing plans will be used for the "after" analyses. Task 7 --- Final Documentation LEE will prepare a brief technical memorandum summarizing the results and improvements accomplished during the project. The documentation will include "before" and "after" comparisons of the capacity analysis results and the travel time runs and copies of the time -space diagrams for the new signal timings. Electronic copies of the final signal timing plans will also be provided to the City. Task S — Signal Timing Adjustment's Upon completion of the final documentation for this project (Task 7), adjustments to the traffic signals required as a result of shifts in traffic patterns, traffic generators, or input from citizens and/or City staff, will be performed on an as- needed basis. This effort will include minor adjustments to phase timings, offsets, or phase sequencing. We will respond to up to four (4) trouble calls within a 90 day period after completion of Task 7. SCHEDULE AND FEE We will provide optimized signal timing plans for implementation (Task 4) within forty (44) working days of receiving notice to proceed. Final implementation and fine- tuning (Task 5) will occur within twenty (20) working days from implementation of the new signal timing plans. Final documentation (Task 7) will be provided twenty (20) days after the completion of the receipt of the AFTER travel time run results. LEE will perform the work included in Tasks l to 8 for a lump sum fee of $51,400. Any additional work or meetings will be billed on an hourly basis according to the attached terms and conditions dated June 22, 2012. . If you have any questions, please contact me at (972) 248 -3006. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. We can begin work upon receipt of a signed copy of this letter. Sincerely, Accepted: r J eph T. Short, P.E., PTOE President City of North Richland Hills Date Proposal for Davis Boulevard Traffic Signal Timing (2013) Page 4 of 4 MAOPERA,TIONS120131NRH - 2013 Davis Boulevard signal Timing.docx Lee Iingincering Terms and Conditions ;Bore 22, 2012 Additional services as authorized b you will be performed at the following rates Principal $225.00/per hour Senior Protect Manager $185.001per hour Project Manager $ 155.00 /per hour Sellior Program Manager $185.00/per hour Program Manager $145.00/per hour Senior Engineer $I40.00/pel' hour Project Engineer $130.00Iper hour Sr. Engineering Designer $115.00Iper liour ITS System Designer $160.001per hour Engineering Designer $ 90.00/per hotly Teclulician $ 85.00/per hour Administrative Assistant $ 75.00 /per hour Secretarial $ 50.00 /per flour Highway travel IRS Allowable Fake Meals, lodging, air fares out-of-pocket casts Other Direct Expenses at cost TERMS AND CONDITIONS: I. 2. 3. H 9. 10. Invoices will be submitted monthly. Invoices are due and payable when received. Interest at the late of 1.5% per neon li will be applied to invoices not paid within 30 clays of initial billing date. We reserve the right to cease work on delinquent accounts. Contracting party is responsible for paying all fees and expenses associated with all activities related to an engagement. Ciedit will be given for payments received directly from clients of the contracting party or from others. The retainer fee will be credited against fee with the fiscal invoice. In addition to invoices rendered and interest thereon, contracting party agrees to pay any and all legal fees and casts incurred in collecting overdue accounts. Rates are subject to change annually. Work performed in subsequent years will be charged at the adjusted rates. Extra copies of reports will be billed at $10.00 per copy. All contracts shall be subject to the laves of the State ofAiicona. S.Lstandard rateWl Ldoc Signal Timing Upgrade Map ST1301 Scale: 1 = 3000' North Tarrant at Precinct Line Au 1 7 I Sig n al T! m i ng Synchronization f ppdate u 15 JUN 12 Slandanf MapMrP S_Slgna I Tim Ing SYnctrofdzauon UpdaWmKd I FZ,- Precinct Line at ]F, IRumfield Precinct Lire at Glade < � Precinct Line at Amundson Signal Timing Synchronization Update N F NORTH RICHLAND HILLS Project Locator Map 0 inyorm ation s amces Depanm ow - c, is M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date 34-2013 Subject Agenda Item No. F.0 GENERAL ITEMS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 34-2013 Subject: Agenda Item No. F.1 Award RFB No. 13 -010 for Street Rights -of -Way Mowing Services to VMC Landscape Services, LP for $159,705.00 Presenter: Jimmy Cates, Public Works Operations Manager Summarv: The City Council is being asked to award RFB No. 13 -010 to VMC Landscape Services, LP for street rights -of -way mowing services. General Descrirstion: On an annual basis, Council approves funding for contract mowing services for street rights -of -way. The funding allows the city to provide mowing services for approximately 107 acres that contains medians, parkway areas, potable water storage tank areas and several drainage streams in the city. Notice of the city's intent to bid was advertised in local newspapers, as required by state statue and posted to the city's website. The project received three (3) bids, which were opened during a February 12 bid opening date. The bid totals are noted below. Contractor Name Total Bid Lawn Pros, LLC $136,110.71 VMC Landscape Services, LP $159,705.001 Tru Green Landcare $160,534.00 Staff reviewed the two lowest bid proposals and determined the lowest bidder; Lawn Pros does not meet the city's specifications and requirements as set forth in RFB 13- 010. The specifications and requirements state that qualified vendors shall have a minimum of two (2) years municipal or state rights -of -way mowing experience. Lawn Pros does not meet the two (2) year requirement. Staff contacted Lawn Pros and discussed their lack of documentation showing the two (2) years of experience for mowing street rights -of -way. Lawn Pros could not provide the documentation to meet this requirement. Staff is recommending the contract be awarded to the second lowest bidder, VMC Landscape Services, LP. VMC has 40 years of experience in this field of work and is currently under contract to mow the city's park locations and municipal facilities. VMC has also performed street rights -of -way mowing in the past for the city. Council approved $200,000 in the FY 2012 -2013 Budget for the mowing services. Recommendation: Award RFB NQ.13 -010 to VMC Landscape Services, LP in the amount of $159,705.00 for right of way mowing services. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 3 -4 -2013 Subject: Agenda Item No. F.2 Renew Annual Contract with VMC Landscaping Services for Parks Mowing Services Presenter: Bill Thornton, Parks and Recreation Assistant Director Summarv: This item is a request for Council to approve the 5 th and final annual renewal of the contract with VMC Landscaping Services for park mowing services. General Description: The City contracts mowing services for city parks and municipal facilities. The current contract with VMC Landscape Services was executed on October 8, 2007 and can be renewed for five consecutive one -year periods. According to the terms of the contract, VMC Landscape Services is required to submit a renewal request allowing for a price increase in accordance with the Consumer Price Index of the previous 12 month period. VMC has notified Purchasing in writing of their acceptance of the final renewal option and they did not request an increase over last year. VMC Landscape Services has performed extremely well since the general parks mowing program began in May 2005. Responses to requests and concerns have been handled in a timely, professional and efficient manner. Funding for contract mowing services is allocated in both the General Fund and the Park and Recreation Facilities Development Fund. The total approved budget for FY2012/2013 is $352,398. Although the total mowing contract amount is based on a maximum number of mowing cycles, the number of cycles per mowing season is contingent upon weather and the amount of rainfall and growing conditions each year. Renewing the mowing services contract with VMC for the final renewal period will address mowing services for the remainder of the 2013 growing season. Because the contract with VMC cannot be renewed again, staff will prepare and solicit bids for a new mowing services contract which will begin in FY 201312014. Recommendation: To approve the final annual renewal of the contract with VMC Landscaping Services for park mowing services. N*IZTH RICHLAND H I L L 5 City of Choice February 25, 2013 VMC Landscape Service Bruce Verdick 2433 Merrell Road Dallas, TX 75229 Re: RFP No. 07-1401 Annual Contract for General Parks Mowing Services Dear Mr. Verdick: Referenced contract was for twelve (1 2) months with up to five (5) options to renew. The original contract was for the period of October 9, 2007 through October 8, 2008. The effective dates for the fifth renewal option will run from March 5, 2013 through October 8, 2013. The North Richland Hills Purchasing Department hereby extends an invitation to VMC Landscaping to accept the fifth option to renew. Please mark the appropriate response below and provide your signature above your printed name. All prices must remain firm for the Option Renewal period through October 8, 2013. LZ Yes, VMC Landscape Services will accept the offer to extend the contract per attached pricing through October 8, 2013. (___) No, VMC Landscape Services will not accept the offer to extend the contract per attached pricing through October 8, 2013, Please email to purchasing(ib rhtx.coqi ASAP. Sincerely, - -7 Afly' ' an owsL, Purchasing Manager Brue Verdick �tity o North IRZichland Hills VMC Landscape Services VMCLa CITY OF NORTH RICHLAND HILLS AD61 20.2012 DiStFict A PROJECTED COSTS CURRENT COSTS Est. Circles Per Est. Cycles Per Location Price per Cycle Year Total Gust Adventure World $ 135:00 36 $ 4,860.00 Sursey Sr. Center $ 57.54 36 $ 2,430.00 Cross Timbers Park $ 675.00 36 $ 24,3MOD Carton Belt Trail $ 574.00 18 $ 10,332.00 Dick Faram Park $ 202.50 36 $ 7,250.00 Founders Park $ 16&75 36 $ 6,075.00 Green Valley Park $ 540.001 36 $ 11,440.00 J 8 Sandlin $ 202.50 36 $ 7,290.00 Legacy Park $ 168.75 36 $ 6,075.00 Northfield Park $ 472.50 36 $ 17;010.00 Pillow Park $ 236.25: 36 $ 8,505.00 Richfield Park $ 506.25 36 5 18,225.00 Tipps Canine Hollow Dog Park $ 135.00 36 $ 4,860.00 Tommy & Sue Brown Park $ 202.50 35 $ 7,290.00 Walkers Creek Trail $ 135.00 36 $ 4,860.00 139.05 36 Total Bid District A $ 148,842.000 I 1 1 1 1 11 1 11111 1 1 1 1 11 1 111 1 1 1 1 11 111 11 1 1 1 1111 1111111 1 PROJECTED COSTS Est. Circles Per CPl Increase Price per Cycle Year Total Cost 3.0% $ 139.05 36 5 3.0% $ 69.53 36 $ 2,502.90 - 3.0% $ 695.25 36 $ 25,021.00 3.0% $ 591.22 38 $ 10,+641.96 3.0% $ 208.58 36 $ 7,508.701 3.0 $ 173.81 36 $ 6,257.25 3.D% $ 556.20 36 $ 20,023.20 3.05/0 $ 208.58 36 $ 7,5018.74 3.0% $ 173.81 36 $ 6,257.25 3.0% $ 4816.68 36 $ 17 3.0% $ 243.34 36 $ 8,760.15- 3.056 5 521.44 36 $ 18,771.75 - 3.0% $ 139.05 36 $ 5,005-80 3.0% $ 208.58 _ 36 $ 7,508.70 3 -0 $ 139.05 36 $ 5 $ 153,307.261 1 1 1 1 11 1 11111 1 1 1 1 11 1 111 1 1 1 1 11 111 11 1 1 1 1111 1111111 1 VMCL-andscape Growinq Partnerships CITY OF NORTH RICHLAND HILLS Al2Q 20, 2012 District 13 Location Ace Park Bedford-Euless Greenway c1tv Hall Clyde Zellers Park Dan Echols Sr. Center Fossil Creek Park Home Town Lakes Joan Johnson Trail Kay Granger Park Liberty Park Linda Spurlock Park NOFich Park North Electric Trail Northfield Park Park Administration Richland Tennis Ctr. Service Center Walkers Creek Park 11 11 1 1 1 111 1 11111 11111 111 1 11 111 111 11 1 1 1 11 11 111 11111 1111 1 1 11 11 1 CURRENT COSTS PROJECTED COSTS Est. Cycles Per Est. Cycles Per Price per Cycle Year Total Cost UlIncrease Nice per Cycle Year Total Cost $ 67.50 36 2,430.00 3.0% 69.53 36 $ 1502.90 $ 270-00 36 9,720.00 3:10% 278.10 36 $ 10,011.60 $ 270,00 36 $ 9,720.00 3,0% 278.10 36 $ 10,011.60 $ 202.50 36 $ 7,290.00 3.0% 208-58 36 $ 67.50 36 $ 2,430.00 3.00 69,53 36 . 2,502.90 135.00 36 $ 4,860-00 3.0% 139.05 36 $ 5,005.80 405-00 36 $ 14,580.00 3.0% 417.15 36 15,017.40 $ 405.00 18 $ 7,290.00 3.0% $ 417.15 18 $ 7,508.70 202.50 36 $ 7,290-00 3.0% $ 208-58 36 $ 7,508,70 168.75 36 $ 6,075.00 3.0% $ 173.81 36 6,257.25 438.75 36 $ 15,795.00 3.0% $ 451.91 36 $ 16,268.85 303.75 36 $1 10,935,00 3.0% $ 312-86 36 . 11,263.05 405.00 18 $ 7,290.00 = 3.0% $ 417.15 18 7,508.70 $ 472.50 36 17,010-00 3.0% $ 486.68 36 17,520.30 $ 202.50 36 7,290.00 310% $ 208.58 36 $ 7,508.70 $ 371.25 36 13,365-00 3. °% $ 382-39 36 13,765.95 $ 270.00 36 9,720-00 3.0% $ 278.10 36 $ 10,011.60 540.00 36 19,440.00 3.0% 556.20 36 20,023.20 Bid Total Disict 9 I 17 2,530-00 I 177,705.90_ 11 11 1 1 1 111 1 11111 11111 111 1 11 111 111 11 1 1 1 11 11 111 11111 1111 1 1 11 11 1 NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 3 -4 -2013 Subject: Agenda Item No. F.3 Consider a Resolution declaring the City's Support of and Consent to the Creation of the Cotton Belt Commuter Rail Improvement District - Resolution No. 2013 -001 Presenter: Mark Hindman, City Manager Summary: Council is being asked to consider a resolution indicating the City's support for creation of the Cotton Belt Rail Improvement District under the authority granted by Chapter 375 of the Texas Local Government Code. The purpose of this special district will be for funding and constructing the proposed Cotton Belt Corridor rail system utilizing a public - private partnership. This district would utilize economic development tools such as: tax increment financing districts, tax abatements, reinvestment zones, enterprise zones and industrial districts to capture the value growth related to the rail line. This approach offers some potential for cities, such as North Richland Hills, which do not have the sales tax capacity available to become a member of a transit agency such as The T. Approval of this resolution would reflect the City's interest in pursuing this type of approach to provide regional rail service that includes station access in North Richland Hills. It would not commit the City to any future funding or further participation in the Cotton Belt Corridor project. General Descrir)tion: Providing a multi -modal transportation system has been a goal of North Richland Hills for several years in order to improve the quality of life for residents and to enhance economic development opportunities. In 2009, the City completed a study and established the Iron Horse and Smithfield Transit Oriented Districts (TODs). Both areas are centered around future rail stations located on the Cotton Belt rail line. One of the regional rail concepts is a 62 -mile long route that runs from far southwest Fort Worth north through 'North Richland Hills to DFW Airport and then east to Plano and the Highway 75 corridor. The proposed rail plan calls for 24 stations including two in North Richland Hills located in the Iron Horse and Smithfield TOD areas. This rail system would provide important connections from North Richland Hills to downtown Fort Worth, DFW Airport as well as multiple locations in the Dallas area via connections to DART'S Green and Red commuter rail lines. This rail line has been named the Cotton Belt Corridor Rail Line. The T is currently working on a federal grant to fund rail for the western portion of regional rail route from downtown Fort Worth to DFW Airport, which they are calling the TEX -Rail line. The system running east from the airport is not on DART's master plan for at least 25 years. While establishment of the western segment from downtown Fort Worth to the airport would be valuable, the value grows exponentially when the system is extended to the east and connects with the DART system. While the importance of the rail line is evident, the challenge for the region is finding an equitable funding source for the project and establishing a means for coordinating the rail line with 11 cities, three counties , three transit agencies and DFW Airport. To further complicate matters, some cities are members of either The T or DART, while other cities, such as North Richland Hills, are not members of a transit agency. In addition, DART is funded by a 1 % sales tax while The T is funded with only a .5% sales tax. In an effort to bridge the various gaps in this project, the North Central Texas Council of Governments ( NCTCOG) organized a study group to look at creative options for funding and governing a regional rail system. This group published the Innovative Finance Initiative (iFi) Cotton Belt Corridor Phase I Final Report in December 2011. The iFi approach focuses on funding the rail project through various means of capturing tax value growth related to the rail line through the establishment of a Municipal Management District (MMD) as authorized under Chapter 375 of the Local Government Code. This special district would require establishment by the Texas Legislature. A MMD is governed by a board appointed by the various governmental entities involved and possesses the authority to levy assessments and taxes related to its designated purpose. A district of this type could utilize economic development tools such as: tax increment financing districts, tax abatements, reinvestment zones, enterprise zones and industrial districts to capture the value growth related to the rail line. Following the issuance of the Innovative Finance Initiative (iFi) Cotton Belt Corridor Phase I Final Report, a private sector group approached the NCTCOG indicating their willingness to submit a proposal for funding and constructing the proposed rail system utilizing a public- private partnership (PPP) under the authority created by Senate Bill 1048 approved by the Texas Legislature in 2011. In order to coordinate the proposal process for all of the entities involved, NCTCOG Executive Board authorized the NCTCOG to serve as the Responsible Government Entity (RGE) to receive and evaluate the proposal on behalf of all of the entities involved. On December 19, 2012, the City Council authorized approval of this interlocal agreement with the NCTCOG. The next step requested on the City is to pass a resolution of support for creation of the special district (Cotton Belt Rail Improvement District) to facilitate funding for construction and operation of the rail system. Creation of the special district will not obligate the City to participate financially or operationally in the special district. Instead, the special district will serve as the managing entity which issues debt and operates the rail system based on negotiated agreements with each of the cities involved in the project. At this point the actual level of participation by the City of North Richland Hills or other cities along the rail system has not been defined. Determination of a fair and adequate funding arrangement between all of the participating cities will begin this spring following receipt of proposals from private sector entities. The property that would be included in the special district is based on the areas surrounding the Smithfield and Iron Horse Transit Oriented District boundaries. Exhibit A and B illustrate the area covered by the proposed district. These exhibits also illustrate the boundaries of the Smithfield and Iron Horse regulating plans. As is indicated by these exhibits, the area included in the special district extends beyond the boundaries of the established T ®D areas. The group drafting the special district legislation indicates a desire to have the boundaries as broad as reasonable to maximize the area which can be used to fund improvements related to the rail system. Inclusion within the special district boundary does not mean that property must be included in a TIF or other similar funding district„ however, property that is not included in the special district cannot be included in a TIF or other funding district used to fund the special district. Based on the proposed legislation, the Cotton Belt Rail Improvement District will possess the limited ability to levy taxes and impose special assessments. Taxes can only be levied based on approval of a majority of the properties located within the district and by approval of the local City Council. Special assessments are allowed only in areas designated as such in the legislation and based upon a petition requesting the special assessment levy from the affected property owners. The only area proposed to be eligible for a special assessment is a tract of property owned by the City and property owned by the Wal -Mart Corporation (Exhibit C). Wal-Mart officials have been apprised of this information and have not advocated for inclusion in the special assessment area, but they have also not objected. Again, the special assessment can only be imposed on a property owner at their own request. The Cotton 'Belt Rail Improvement District will be governed by a board of directors composed of 15 members, one appointed by each of the 11 municipalities, each of the 3 transit districts and one member appointed by DFW Airport. An executive committee composed of five members of the board of directors will be appointed to handle certain activities as determined by the full board of directors. In response to concerns expressed by various cities which would be members of the special district, the proposers have identified and clarified several limitations on the district which are outlined below. The Cotton Belt Rail Improvement District will not: • Create a new transit authority /agency. • Engage in eminent domain actions. • Circumvent local land use/platting/zoning. • Replace local control of TIF zones. • Issue bonds without local consent. • Establish assessments without the appropriate consent process. • Levy taxes in North Richland Hills without the consent of the North Richland Hills City Council. • Operate outside the bounds of the Open Meetings Act. The item before you today is approval of a resolution supporting legislative establishment of a Cotton Belt Rail Improvement District to fund and manage the Cotton Belt Corridor Rail project. A copy of the proposed legislation is attached for your review. Approval of this Resolution does not commit the City to any future funding or further participation in the Cotton Belt Corridor project. What is does do is reflect the City's interest in pursuing this type of approach to provide regional rail service that includes station access in North Richland Hills. The proposed Resolution indicates our support for creation of the Cotton Belt Raul Improvement' District, but we have included language stating that we are reserving the right to withdraw our support if it is determined that this district would not be favorable to the City of North Richland 'Hills based on revelation of critical details which are still unknown at this time. The resolution is very similar to the versions used by other cities which would be part of the district. At this point approval of a resolution of support for creation of the Cotton Belt Rail Improvement District has been provided by the cities of: Richardson, Addison, Plano and Coppell. The City of Fort Worth is planning to place a resolution of support on their March 5, 2013 agenda and the issue is still under consideration in the remaining cities of: Dallas, Grapevine, Carrollton and Haltom City. Approval by the cities is not essential to establishment of the district by the Texas Legislature, but legislators are traditionally hesitant to create a district of this type without the consent of the local governing bodies. While there are many unanswered questions regarding this approach, at this point, it appears that an approach of this nature may be the only feasible means for North Richland Hills to participate in the regional rail program. Approval of this resolution is not binding on the City of North Richland Hills and if subsequent details for the financing and operation of the district do not appear to be favorable, Staff will recommend that our support for this district be modified or rescinded. Recommendation: To approve Resolution No. 2013 -001. M RH 10**QWil0161►I►161+K +IKI +III A RESOLUTION DECLARING THE SUPPORT OF AND CONSENT OF THE CITY OF NORTH RICHLAND HILLS TO THE CREATION OF THE COTTON BELT COMMUTER RAIL IMPROVEMENT DISTRICT WHEREAS the CITY of NORTH RICHLAND HILLS has received a request from promoters of the development of the COTTON BELT COMMUTER RAIL IMPROVEMENT DISTRICT, that the City consent to the creation of a special purpose district to facilitate the development of the rail project; and, WHEREAS the CITY OF NORTH RICHLAND HILLS will benefit by the creation of this district, and will see the development of commuter rail within the city, which rail project will be of significant importance to the long term future growth of the city and benefit to its citizens; and, WHEREAS up to two stations with a combined area totaling approximately 400 acres of developable land are contemplated to be included in the special purpose district with the city limits of North Richland Hills; and, WHEREAS it is contemplated that the special purpose district will facilitate the development of the project by providing a funding mechanism with which the City may contract to assist with the financing of the project; and, WHEREAS it is contemplated that revenues from existing or newly created tax increment reinvestment zones, public improvement districts, and other economic development streams of revenue of the City may be utilized to assist with the development of the project; and, WHEREAS the proposed legislation to be filed in the Legislature of the State of Texas to create the COTTON BELT COMMUTER RAIL IMPROVEMENT DISTRICT is consistent with Chapter 375 of the Texas Local Government Code; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Based on the assumptions and conditions above, the City Council hereby declares its support of the creation of the COTTON BELT COMMUTER RAIL IMPROVEMENT DISTRICT (the "District ") by the Legislature of the State of Texas, a draft copy of which is attached to this resolution. Section 2: Notwithstanding any other provision of this Resolution, the City of North Richland Hills reserves the right to review and evaluate the merits of any public- private partnership agreement or any state enabling legislation that NCTCOG may propose pursuant to this Resolution and, accordingly reserves the right to grant or withhold support for any such agreement or legislation. Section 3: This resolution shall be transmitted to NCTCOG and all affected jurisdictions along the corridor. Section 4: The City Manager or an Assistant City Manager is authorized to execute agreements with NCTCOG to effectuate this Resolution in the name of the City of North Richland Hills. Section 5: This Resolution shall be effective immediately after passage. PASSED AND APPROVED this 4th day of March, 2013. Ma ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor 11 »: 1+]► 1= I l l_ [:a 11+11010 �� i I F A 2 11 l 1 x 01141 vim m George A. Staples, City Attorney 83 Regular By: TBD A BILL TO BE ENTITLED H.B. No. XXXX AN ACT relating to the creation of the Cotton Belt Rail Improvement District; providing authority to impose an assessment, impose a tax, and issue bonds. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle C, Title 4, Special District Local Laws Code, is amended by adding Chapter xxxx to read as follows: CHAPTER xxxx. COTTON BELT RAIL IMPROVEMENT DISTRICT SUBCHAPTER A. GENERAL PROVISIONS Sec. xxxx.001. DEFINITIONS. In this chapter: (1) "Board" means the District's board of directors. (2) "Cities" means the Cities of Ft. Worth, Haltom City, North Richland Hills, Grapevine, Coppell, Carrollton, Addison, Farmers Branch, Dallas, Richardson, and Plano. (3) "Counties" means Collin, Dallas, and Tarrant. (4) "Director" means a board member. (5) "District" means the Cotton Belt Rail Improvement District. Version 17 Rev 022013 H. B. No. (6) "East Sector Cities" means the Cities of Coppell, Carrollton, Addison, Farmers Branch, Dallas, Richardson, and Plano. (7) 'Participation in the District" means Municipal or County fundinq of District project costs by interlocal agreement, or direct fundinq from any lawful source of Municipal or County revenues including but not limited to funds generated by special economic development Districts created pursuant to Chapter 311, Texas Tax Code, Chapter 372, Local Government Code, and Chapter 375, Local Government Code. (8) "Transit Authorities" means the Dallas Area Rapid Transit Authori LLY , the Denton County Transit Authority, and the Fort Worth Transportation Authority. (9) "Local Assessment Advisory Board" means the board appointed by each local taxinq jurisdiction to approve assessment petitions, and approve the use of assessment revenues generated within that local taxing jurisdiction's corporate limits for non-rail project costs. (10) 'Cotton Belt Rail Corridor" means the rail corridor, consistinq of a 100 foot right of way, referenced in the Deed executed by St. Louis Southwest Railway Company, and the Dallas Area Rapid Transit Property Acquisition Corporation, Ver 17 Rev 022013 H. B. No.. dated December 27, 1990, and including rail right -of -way owned by several other rail operators on the Southwest end of the Cotton Belt Rail corridor, with abuttinq development nodes stretching 66 miles in a Northeasterly direction from the McPherson Station area in Fort Worth, to the Shiloh Station area in Plano, as legally described in Section 2 of this statute. (11) "West Sector Cities" means the Cities of Fort Worth, Haltom City, Richland Hills, and Grapevine. Sec. xxxx.002. CREATION AND NATURE OF DISTRICT. The Cotton Belt Rail Improvement District is a special District created under Section 59, Article XVI, Texas Constitution. Sec. xxxx.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The creation of the District is essential to accomplish the purposes of Sections 52 and 52 -a, Article III, and Section 59 1 Article XVI, Texas Constitution, and other public purposes stated in this chapter. By creatioq the District and in authorizinq the cities and other political subdivisions to contract with the District, the legislature has established a program to accomplish the public purposes set out in Section 52 -a, Article III, Texas Constitution. (b) The creation of the District is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, Ver 17 Rev 022013 H. B. No.. entertainment, economic development, safety, and the public welfare in the District. (c) The District is created to supplement and not to supplant municipal services p rovided in the District. (d) The District is created to provide a statutory structure for the collaboration o political subdivisions necessary for the creation of t Cotton Belt Commuter Rail Corridor and related facilitie and to serve as the tax exempt entity for financinq the development of the rail co rridor. Sec. xxxx.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) T Di strict is creat to se rve a p ublic use and benefit. (b) All l and an d other property includ in the District will benefit from the imp rovem ent s and services to be provided by the D un powers confe rred by Sections 52 and 52 -a, Article III, and Section 59, Article XVI, Texas Constitution, and oth p owers gr anted und er this cha pter. (c) The cre of the District is in the public and is essentia to fur ther the public purposes of: (1) deve loping and diversifying the economy of the state; (2) eliminating unemployment and underemployment; (3) develo or expanding transportation and commerce; Ver 17 Rev 022013 H. B. No. and (4) providing quality residential housing. (d) The District will: (1) promote the health, safety, and general welfare of residents, employers, potential employees, employees, visitors, and consumers in the District, and of the public; (2) provide needed funding for the District to develop, preserve, maintain, and enhance the economic health and vitality of the District territoLy a a commuter rail corridor, with residential community development and commercial and business center; and (3) promote the health, safety, welfare, and enjoyment of the public by providing pedestrian ways and by landscaping and developing certain areas in the District, which are necessary for the iebLu-Lfftion, preservation, and enhancement of scenic beauty. (e) Pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, vehicle parking, and street art objects are parts of and necessary components of a street and are considered to be an improvement project that includes a street or road improvement. (q) The District will not act as the agent or Ver 17 Rev 022013 H. B. No.. instrumentality of any private interest even though the District will benefit many private interests as well as the public. Sec. xxxx.005. DISTRICT TERRITORY. (a) The District is initially composed of the territory described b Section 2 of the Act enacting this chapter, and includ territory that is wholly or partially within twelve municipalities and three counties. (b) The boundaries and f notes contained in Section 2 of the Act enacting this cha form a c losure. A mistake in the field notes or in co the fi notes in the legislative process does not affect th District's: (1) o existence, or val idity; (2) rig ht to issue a type of bond for the for which the Dist is created o r to pay the principal of and interest on a bond; (3) r R to impo or collect an assessment or tax; or (4) legality or operation. Sec. xxxx.006. ELIGIBILITY FOR LN�,hubiUN IN Svt�l,im, ZONES. (a) All or any part of the area of the District is eligible to be included in: (1) a tax increment reinvestment zone created under Chapter 311, Tax Code; Ver 17 Rev 022013 H. B. No. (2) a tax abatement reinvestment zone created under Chapter 312, Tax Code; (3) an enterprise zone created under Chapter 2303, Government Code; or (4) an industrial District created under Chapter 42, Local Government Code. (b) Any city within the boundary of the District which creates a tax increment reinvestment zone described by Subsection (a), that city and the board of directors of the zone, by contract with the District, may grant money deposited in the tax increment fund to the District to be used by the District for the purposes permitted for money granted to a corporation under Section 380.002(b), Local Government Code, includinq the right to pledqe the money as security for any bonds issued by the District for an improvement project. A project may not receive public funds under Section 380.002(b), Local Government Code, unless the project complies with a development agreement entered into under Section xxxx.207. (c) A tax increment reinvestment zone created by any city in the District is not subject to the limitations provided by Section 311.006(b), Tax Code. (d) A tax increment reinvestment zone or a tax abatement reinvestment zone may not include territory in the District Ver 17 Rev 022013 H. B. No.. unless the governing body of the municipality creating the reinvestment zone apps -oyes the inclusion. Sec. xxxx.007. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW. Except as otherwise provided by this chapter, Chapter 375, Local Government Code, a to the District. Sec. xxxx.008. LIBERAL w"i)lxut,llON OF CHAPTER. This chapter shall be liberally cons in c onformity with the findings and purposes stated in this chapter. [Sections xxxx.009- xxxx.050 reserved for expansion] SUBCHAPTER B. BOARD OF DIRECTORS Sec. x xxx.051. GOVER BODY; TERMS. (a ) The Di strict is governed by a board of s ixteen voting di rectors who serve stagg ered terms of fou years, w ith the odd numbered position terms expir Jun 1, 2015. Even numbered positions will serve their in itial t erm, expi ring on Jun 1, 2017. (b) Each part icipating municipality in the District shall appoint one di rector to represent their city. (c) Each regional transit agency serving the District may app oint one director to serve on the Board. (d) The DFW Airport may appoint a director to serve on the Sec. xxxx.052. QUALIFICATIONS OF DIRECTORS APPOINTED BY A CITY. (a) To be qua lified to ser ve a s a director appointed by Ver 17 Rev 022013 H. B. No. the body of a city, a must be: (1) a resident of the District; (2) an owner of property in the District; (3) an owner of stock or a partnership or membership interest, whether beneficial or otherwise, of a corporate partnership, limited liability company, or other entity owner of a direct or indirect interest in property in the District; (4) an owner of a beneficial interest in a trust, or a trustee in a trust, that directly or indirectly owns property in the District; (5) an agent, employee, or tenant of a person described by Subdivision (2), (3), or (4); or (6) a representative nominated and cA 1?1, , u v c d by the governing body of the City. (b) Section 49.052, Water Code, does not apply to the District. Sec.0000.053 QUALIFICATION OF DIRECTORS APPOINTED BY A TRANSIT AGENCY. (a) To be qualified to serve as a director appointed by a Transit Agency, a person must be: (1) A resident of the District; (2) A person employed by such agency; and (3) A person nominated and approved by the agency board of directors as the agency representative. Ver 17 Rev 022013 H. B. No.. Sec. xxxx . 054 . APPOin iPi-r n l OF DIRECTORS. The governing bodies of each participatinq municipality, or transit agency shall appoint or reappoint Directors representinq their entity operating under sections 0000.052, or 0000.053.. Sec. xxxx.055. VACANCY. If a vacancy occurs on the Board, the appointinq entity shall fill the vac ancy by nomination and app ,)u ,al of its respective governin body. Sec. xxxx.056. DIRECTOR'S OATH OR AFFIRMATION. (a) A director shall file the director's oath or affirmation of office with the District and t he Distr sh all retain the oath or affirmation in the District records. (b) A director shall file a copy of the director's oath or affirmati w ith t secretary of t he appointinq city. Sec. xxxx.057. OFFICERS. The Board shall elect from among the directors a c hair, a vice chair, and a secretary. The offices of ch air an secretary may not be held by the same person. Sec. xxxx.058. COMPENSATION; A director is not entitled to compensation but is entitled to reimbursement for necessary and reasonable expenses incurred in carryinq out the duties and responsibilities of the board. Sec. xxxx.059. LIA INS URANCE. The District may Ver 17 Rev 022013 H. B. No.. obtain and pay for comprehensive general liability insurance coverage from a commercial insurance company or other source that protects and insures a director against personal liability and from all claims relating to: (1) actions taken by the director in the director's capacity as a member of the Board; (2) actions and activities taken by the District; or (3) the actions of others actinq on behalf of the District.. Sec. xxxx.060. EXECUTIVE COMMITTEE. (a) The Board may create an Executive Committee to exercise the powers of the Board, specifically delegated to such committee by the Board, and which powers will be defined by the Board with the adoption of administrative procedures for the District. (b) The Executive Committee shall be comprised of five directors. (c) The Executive Committee members shall be elected by majority vote of the District Board (d) The Executive Committee shall be representative of both the East Sector Cities and the West Sector Cities, with four members nominated to represent the Cities as follows: (1) two members nominated from Directors appointed by the East Sector Cities, providing one Director will represent those East Ver 17 Rev 022013 H. B. No. Sector Cities with a population of less than 500,000 population, and one Director will represent those East Sector Cities with a population qreater than or equal to 500,000 population, and (2) two members nominated from Directors appointed by the West Sector Cities, providinq one Director will represent those West Sector Cities with less than 500,000 population, and one Director will represent those West Sector Cities with a population greater than or equal to 500,000.(e) The Executive Committee shall include at least one Transit Aqency Director on the committee. Sec. xxxx.061. BOARD MEETINGS. The board shall hold meetings at a place accessible to the public. Sec. xxxx.062. INITIAL DIRECTORS. (a) The initial board consists of: Pos. No. Name of Director Ver 17 Rev 022013 H. B. No. V 8 9 10 11 12 13 14 15 REI (b) Section xxxx.052-xxxx.053 does not apply to this section. (c) This section expires S�tember 1, 2017. [Sections xxxx.063-xxxx.-090 reserved for expansion] SUBCHAPTER B-1—LOCAL ASSESSMENT ADVISORY BOARD Sec xxxx.091. LOCAL ASSESSMENT ADVISORY BOARD (a) shall be appointed by the City Council of each municipality where revenues are qenerated and shall consist of the member appointed to the District board by that City, and include two additional members appointed by that City Council. (b) Terms for the local assessment advisory board shall be the same as the term for the Jurisdiction's representative on Ver 17 Rev 022013 H. B. No.. the District Board. (c) vacancies on the local assessment advisory board shall be filed by the city council appointinq the advisory board Sec. xxxx.092 POWERS OF THE LOCAL ASSESSMENT ADVISORY BOARD shall include (a) review and a pprova l of assessment petitions submitted to the board under Sec. xxxx.155(c)(3) and, (b) app_Luv�_-, subject to the con of that advisory board's appointing City Council, the use of revenu gener by assessments in the City' po rtion of the District for non -rail project costs, and; (b) Any oth pow ers gra to the Advis Board by the City Council (Se x xxx.09 3 -Sec. xxxx.100 a re reserved for expansion.) SUBCHAPTER C . POWERS AND DUTIES Sec. xxxx.101. GENERAL POWERS AND DUTIES. The District has the powers and duties necessary to accomplish the purposes for which the District is created. Sec. xxxx.102. DEVELOPMENT CORPORATION POWERS. The District, usinq money available to the District, may, unless otherwise provided for herein, exercise the powers given to a development corporation under Chapter 505, Local Government Ver 17 Rev 022013 H. B. No. Code, including the power to own, operate, acquire, construct, lease, improve, or maintain a project under that chapter. Sec. xxxx.103. NONPROFIT CORPORATION. (a) The board by resolution may authorize the creation of a nonprofit corporation to assist and act for the District in implementinq a project or providinq a service authorized by this chapter. (b) The nonprofit corporation: (1) has each power of and is considered to be a local government corporation created under Subchapter D, Chapter 431, Transportation Code; and (2) may implement any project and provide any service authorized by this chapter. (c) The board shall appoint the board of directors of the nonprofit corporation. The board of directors of the nonprofit corporation shall serve in the same manner as the board of directors of a local qovernment corporation created under Subchapter D, Chapter 431, Transportation Code, except that a board member is not required to reside in the District. Sec. xxxx.104. AGREEMENTS; GRANTS. (a) As provided by Chapter 375, Local Government Code, the District may make an aqreement with or accept a gift, grant, or loan from any person. (b) The District and the Transit Authorities shall coordinate their pursuit of State and Federal transportation Ver 17 Rev 022013 H. B. No.. grants. (c) The implementation of a project is a governmental function or service for the purposes of Chapter 791, Government Code. Sec. xxxx.105. LAW ENFORCEMENT SERVICES. To protect the public interest, the District may cont ract with a qualified party, includinq a county or a city, to provide law enforcement services in the District for a fee. Sec. xxxx.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The District may join a p ay dues t a charitable or nonprofit org anization that performs a service or provides a activity consistent with the furtherance of a District purpose. Sec. xxxx.107. ECONOMIC DEVELOPMENT. (a) The District may eng in activities that accomplish the et.U.L,u-I«ic developm pur poses of the Dis trict. (b) The Dist may establish and provide for the administration of one or more programs to promote state or local economic devel a nd to stimulate business and commercial activity in the District, including proqrams to: (1) make loans and grants of public money; and (2) provide District personnel and services. (c) The District may create economic development pro grams and exercise the economic development powers that: Ver 17 Rev 022013 H. B. No.. (1) Chapter 380, Local Govt _LxuLltnt Code, provides to a municipality; and (2) Subchapter A, Chapter 1509, Government Code, provides to a municipality. Sec. xxxx.108. PARKING FACILITIES. ( a) The District ma acquire, lease as lessor or lessee, construct, develop, awn, operate, and maintain parking faci lities or a system of parkinq facilities, includinq lots, ga parkinq terminals, or other structures or accommodations for parking motor vehicles off the streets and related a (b) The District's parking fa cilities serve the public purposes of the Distr an are owned, use d, and held for a public purpose even if leased or op erated b a P rivate entity for a term of years.. (c) The District's parki facilities are parts of and necessa components of a street and are considered to be a street or r oad improvement. (d) The developm and operation of the District's parkinq facilities may be considered an economic develo proqram. Sec. xxxx.110 RAIL FACILITIES (a) The Transit Authority o Authorities or the ir assignees shall, consistent with a final Ver 17 Rev 022013 H. B. No.. District, or any other lawful source, including grant funding: (i) design, construct, operate, and maintain infrastructure associated with commuter rail operations in the Cotton Belt Corridor; and (ii) subject to applicable trackage rights agr�t «�1 ;.s, operate and maintain all aspec o f the commuter rail service in the Cotton Belt Corridor. (b) (i) In the event that the Transit Authority or Authorities fail or refuse to perfo in accordance with paragraph (a), the Distric may acquire, design, construct, redevelop, maintain and ope commuter rail facilities throughou the Cotton Belt Corridor, includinq through a local governm corp oration cr eated by t he District for that purpose. (ii) The Distr will have the powers of Title 5, Subtitle B, Ch apter 91, Subchapter A, Sec.91.009. (iii) The District shall exercise such authority consistent with negotiated agreements with the Transit Authorities for use of the Cotton Belt Corridor. (c)The District is not subject to Section 91.005 of the aforementioned section of Title 5. Ver 17 Rev 022013 with the District and with standards and practices employed by such Authorities, using funds derived from the District, or any other lawful source, including grant funding: (i) design, construct, operate, and maintain infrastructure associated with commuter rail operations in the Cotton Belt Corridor; and (ii) subject to applicable trackage rights agr�t «�1 ;.s, operate and maintain all aspec o f the commuter rail service in the Cotton Belt Corridor. (b) (i) In the event that the Transit Authority or Authorities fail or refuse to perfo in accordance with paragraph (a), the Distric may acquire, design, construct, redevelop, maintain and ope commuter rail facilities throughou the Cotton Belt Corridor, includinq through a local governm corp oration cr eated by t he District for that purpose. (ii) The Distr will have the powers of Title 5, Subtitle B, Ch apter 91, Subchapter A, Sec.91.009. (iii) The District shall exercise such authority consistent with negotiated agreements with the Transit Authorities for use of the Cotton Belt Corridor. (c)The District is not subject to Section 91.005 of the aforementioned section of Title 5. Ver 17 Rev 022013 H. B. No. Sec. xxxx.111. NO EMINENT DOMAIN POWER. Notwithstanding references made herein granting the District powers under other Chapters of Texas law, the District may not exercise the power of eminent domain. [Sections xxxx.110-xxxx.130 reserved for expansion] but5�hiAPTER C-1. IMPROVEMENT PROJECTS Sec. xxxx.131. INiVRUvhMENT PROJECTS AND SERVICES. The District may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service using money available to the District, or contract with a governmental or private entity to provide, design, construct, acqlLire, iTLrove, relocate, operate, maintain, or finance an improvement project or service authorized under this chapter or Chapter 375, Local Government Code. Sec. xxxx.132. LOCATION OF IMPROVEMENT PROJECT. An improvement project described by Section xxxx.131 may be located: (1) in the District; or (2) in an area outside but adjacent to the District if the project is for the purpose of extending a public infrastructure improvement beyond the District's boundaries to a logical terminus. Ver 17 Rev 022013 Sec. xxxx.133. CONSOLIDATION WITH OTHER MUNICIPAL MANAGEMENT DISTRICTS. Subchapter P of Chapter 375, Texas Local Government Code applies to the District. The District board of directors can vote to approve and authorize a merger of territory within the boundary of another independently created management District, Sec. xxxx.155. and all sections of Subchapter E of this statute. Sec. xxxx.134. DEVELOPMENT PLAN REQUIRED TO UNDERTAKE IMPROVEMENT PROJECTS, IMPOSE TAXES OR ASSESSMENTS AND BORROW MONEY, INCLUDING BONDS. (a) After the district's board of directors is organized, but before the district may undertake any improvement project, issue bonds, impose taxes, levy assessments or fees, or borrow money, the district board of directors must approve a development plan for the district that delineates : (1) the exercise of the powers granted to the district under this Chapter, includinq the organization, development and operation of the district; (2) the selection and description of improvement projects that may be undertaken and financed by the district and the ownership, operation, and maintenance thereof, includinq the number, location and construction of rail stations in each City; Ver 17 Rev 022013 H. B. No.. (3) the terms, conditions, methods, means, and amounts of each financing authorized by this Chapter that the district may undertake in providinq imp -LL)Ve tent projects; and (4) the estim amounts me thods, and times of r ,Q y i«�-Lits by the Cities for costs an d expenses incurred in the development of the pro ject, includin the projected financinq costs with r to the development and operation of the district a the financinq of improvement projects by the dis trict. (b) This developmen plan, and an amendment to this development pla mu st be approved by majo rity vote of the board, based on a weighted vot o f the directors of the board, as follows: (1) D irectors appoint by the Cities will be allowed to c ast the following number of votes: Fort Worth, 8; Haltom C ity, 1; North Richland Hills, 2; Grapevine, 2; Coppell, 1; Car rollton, 1; Addison, 1; Dallas, 4; Richardson, 2; and Plano, 2. If the number of rail stations in a City exceeds the number of votes allocated above to that City, the director appointed by that City shall instead be allowed to cast the same number of votes as there are rail stations located within the City. Directors Ver 17 Rev 022013 H. B. No. appointed the Transit Authorities and the DFW Airport shall each have I vote. (2)A majority of the weighted votes of the Directors appointed by the East Sector Cities and a majority of the weighted votes of the Directors appoi by the West Sector Cities are required in order for the development plan or any amendment to the development plan to be approved. [Sections xxxx.134-xxxx.150 reserved for expansion] SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS Sec. xxxx.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The board by resolution shall establish the number of directors' signatures and the procedure required for a or transfer of the District's money. Sec. xxxx.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. The District may acquire, construct, finance, operate, or maintain an improvement project or service authorized under this chapter or Chapter 375, Local Government Code, using any money available to the District. Sec. xxxx.154 SUBDIVISION OF THE DISTRICT The District may subdivide into subDistricts for the purpose of establishing separate assessments and assessment rates or taxes. Ver 17 Rev 022013 Sec. xxxx.155. PETITION xhQuixhu FOR FINANCING SERVICES AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a service or improvement project with assessments under this chapter unless a written petition requestinq that service or improvement has been filed with the board by the owner of the property(s) subject to assessment. (b) A f.,, ut. e ty owned b an individua property owner, who specifically petitions for a levy a nd assessment on that property, will be subjec t o assess for the duration of the service and assessment pl an for t he Di Such assessment willretain the charac of assessment reve nues authorized by Chap ter 375, Texas Local Govern Code. 4) a ssessment s levi as provided by Sec.xxxx.155 will be subject to Sec.xxxx.157 (d) T he subDist include the foll owinq: (list them) Sec. xxxx.154. METHOD OF NOTICE FOR HEARING. (a) The District, includinq its subDistricts, may mail the notice required by Section 375.115(c), Local Government Code, by certified or first class United States mail. The board shall Ver 17 Rev 022013 H. B. No.. determine the method of notice. (b) Each subDistrict will be required to mail notice required by Section 375.115(c) for its respective pro posed assessment. Sec. xxxx.155. LIE FOR ASSESSMENTS. (a) The board by resolution may impose and collec an assessment for any purpose authorized by this cha pter in all or any part of the District, subject to Sec. xxxx.157 (b) An assessment a reasse or an assessment resulting from an addition to or correcti of the assessment roll by the Dis trict, penalt and interest o n an assessment or an expense o collection, and iCaa0- 11aL1e attorney' fe es in curred by the Dis trict: (1) are a fir st and pr ior lien against the property assessed; (2) are superior to any other lien or claim other than a lien or claim for county, school District, or municipal ad valorem taxes; and (3) are the personal liability of and a charge aqainst the owners of the property even if the are not named in the assessment proceeding (c) The lien is effective from the date of the board's Ver 17 Rev 022013 H. B. No. resolution imposing the assessment until the date the asse.D_.)ILL�11L is paid. The board may enforce the lien in the same manner that the board may enforce an ad valorem tax lien against real property. (d) The board may make a correction to or deletion from the assessment roll that does not increase the amount of assessment of any parcel of land without providing notice and holding a hearing in the manner required for additional assessments. Sec. xxxx.156. TAX AND ASSESSMENT ABATEMENTS. The District may designate reinvestment zones and may grant abatements of a tax or assessment on - Dro - Dertv in the zones. Sec. xxxx.157. LIMITATION ON ASSES,-.)iv�AiS. (a) Any proposed use of assessment revenue for non-rail development project costs within a taxing jurisdiction where assessments are levied shall be subject to the approval of the qoverninq body of that taxinq jurisdiction, (b) the board of the District shall decide how assessment revenues generated for rail project costs will be used by the District (c) The board may not assess property belonqinq to the Transit Authorities. [Sections xxxx.I57-xxxx.200 reserved for expansion] Ver 17 Rev 022013 H. B. No.. SUBCHAPTER E. TAXES AND BONDS Sec. xxxx.201. BONDS AND OTHER OBLIGATIONS. (a) The District may issue, by public or private sale, bonds, notes, or other obligations payable wholly or partly from ad valorem taxes or assessments in the manner provided by Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local Government Code. (b) In exercisinq the District's borrowing power, the District may issue a bond or other obligation in the form of a bond, note, certificate of participation or other instrument evidencinq a proportionate interest in payments to be made by the District, or other type of obligation. (c) In addition to the sources of money described by Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local Government Code, District bonds may be secured and made payable wholly or partly by a pledge of any part of the money the District receives from improvement revenue or from any other source. (d) Prior to the issuance of a bond or other similar indebtedness or guarantee of another's indebtedness, the district must also receive the approval of the board, by weighted vote, consistent with section xxxx.134(c). Sec. xxxx.202. BOND MATURITY. Bonds may mature not more than 30 years from their date of issue. Ver 17 Rev 022013 ralla-WEVIM Sec. xxxx.203. TAXES FOR BONDS AND OTHER OBLIGATIONS. At the time bonds or other obligations payable wholly or partly from ad valorem taxes are issued: (1) the board shall impose a continuing direct annual ad valorem tax for each year that all or part of the bonds are outstandinq; and (2) the District annually shall impose an ad valorem tax on all taxable property in the District in an amount sufficient to: (A) pay the interest on the bonds or other obligations as the interest becomes due; and (B) create a sinking fund for the payment of the principal of the bonds or other obliqations when due or the redemption price at any earlier required redemption date. Sec. xxxx.204. ELECTION REQUIRED FOR TAXES OR BONDS. (a) The District must hold an election in the manner provided by Subchapter L, Chapter 375, Local Government Code, to obtain voter approval before the District may impose an ad valorem tax or issue bonds payable from ad valorem taxes. (b) any ad valorem tax approved pursuant to Sec. xxxx.205 (a) must also receive the approval and consent of the city council of the city where the tax is to be levied. Sec. xxxx.205. HOTEL OCCUPANCY TAX. (a) The District may Ver 17 Rev 022013 H. B. No. i1Li a hotel occupancy tax in the manner that Chapter 351, Tax Code, p-Lovic'Les for a municipality. (b) A tax imposed under this section may not exceed the maximum rate under Section 351.003(a), Tax Code' Sec. xxxx.206. CERTAIN SINGLE-FAMILY RESIDENTIAL PROPERTY k'Ap'lVIE I . (a) The District may not impose an assessment or tax on a single-family residential property that: (1) is in the territor described by Section 2 of the Act creating the District; and (2) exists as of the effective date of the Act enactinq this chapter. (b) Section 375.161, Local Government Code, does not apply to the District. Sec. xxxx.207. DEVELOPMENT AGREEMENT. The District may enter into development agreements that requires the District to reimburse one or more developers for the costs associated with constructing and maintaininq an improvement project. The District may use revenue from taxes and assessments to reimburse a developer under this section. [Sections xxxx.208-xxxx.250 reserved for expansion] .�uBG.tiHPTER F. DISSOLUTION Sec. xxxx.251. DISSOLUTION BY MUNICIPALITIES. (a) Chapter 375.314 of the Texas Local Government Code does not apply to the Ver 17 Rev 022013 H. B. No.. District. (b) A City may terminate its participation in the District by Ordinance, subject to Section. xxxx.251(c) (c) If a city elects to terminate is participation in the District, the City's financial obliqation to the District will continue until the City's share of District's outstandinq debt or contractual obliqations that are payable from ad valorem taxes have been repaid or discharged, and may be paid from any lawful source available to the City. (c) If the District enters a development agreements) under Section xxxx.207, the city may not terminate its participation in the District until its share of obligations as set forth in the agreement has been fulfilled, includinq any riqht or obligation the District has to reimburse a developer or owner for the costs of improvement projects. xxxx.253 SUNSET TERMINATION OF THE DISTRICT (a) If within seven years of the effective date of the statute, the District Board has not approved financing agreements necessary to finance all or part of the project, or approve the Development Plan set forth in Section xxxx.134, the District shall terminate. SECTION 2. The Cotton Belt Rail Development District initially includes all the territory contained in the following Ver 17 Rev 022013 area: NEED TO ADD LANGUAGE DEFINING THE ROW AND DEVELOPMENT PARCELS AROUND EACH STOP. SECTION 3. (a) The leqal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code. (b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality. (c) The Texas Commission on Environmental Quality has filed its recommendations relatinq to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time. (d) The qeneral law relatinq to consent by political subdivisions to the creation of Districts with conservation, reclamation, and road powers and the inclusion of land in those Districts has been complied with. (e) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act Ver 17 Rev 022013 H. B. No.. have been fulfilled and accomplished. SECTION 4. This Act takes effect immediately if it receives a vote of two - thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013. Ver 17 Rev 022013 e i 1 1 II N M LO N C7 0.25 0.5 1 Mmes NRH /Smithfield Station Area � � t" °.; ,a �� r '': «'� i• ,.. �'O' ��*.�ItMrt�tl�,�f�a � �� s � w i « w a a r C a r usett� rborbr D d e det Ct D r h �- . g AvaioniD' x� �x > �r+ti es q «�! :1rt i6 ct�ia n � � w , r [, c.am M Wedeuge Dr me ►dye. Iv0 ft w' aP ° Y , iM F. n tdt Fys I _ i z oQk D,.R s. Dr 6 4 c . 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N LOOP 820 N. , � & Y w , a r "�' •ry F '� � �, � ', _ « ^` q �yp, •' i '� � V f li�l ► ' „, �� �'��' Marilyn t.n ' tf � r Y • ^l' 7 ' , } k r , � , f "lMSYk Crr 9e��r N' waadcreekdVn CwPi►kftdQlM.Qr r '.. x , ' w«� ` no R,ve1Ln d'� Oliver 0 r W S �� � C111791 00 beet a ve +r #IM m, ° � o Tosco br aA. � � ��" .•�la �Gai _. fL ,S,.�Y ' ',L! y l i • 40 • • • • , _ e _ , M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date 34-2013 Subject Agenda Item No. G.0 EXECUTIVE SESSION ITEMS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date 34-2013 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: 34-2013 Subject Agenda Item No. H.0 INFORMATION AND REPORTS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 3 -4 -2013 Subject: Agenda Item No. H.1 Announcements - Mayor Pro Tern Lombard Announcements Young Adult Book Club The Library has partnered with a group of local young adult residents to host a book club called the Boojum. This book club, with target members ages 16 -30, will meet to discuss contemporary and classic books with the goal of igniting curiosity, discussion, and appreciation of reading, friendship and fun. College -aged young adults will partner with and mentor high school readers through book club interaction. They will meet the third Wednesday of each month, with their first meeting on Wednesday, March 20 at 7:00 p.m. Those interested may contact the Library at 817- 427 - 6800. Warrant Roundup The North Richland Hills Municipal Court will be participating in the 2013 Statewide Warrant Roundup, which runs thru March 10 The focus of the roundup is to encourage anyone who thinks they may have a Class C warrant outstanding to contact the Court so they can make arrangements to clear their warrants. For more information, please contact Municipal Court at 817 -427 -6700. Code Red As the spring storm season nears, the City of North Richland Hills reminds residents to register their phone number with Code Red. The City uses the Code Red system to notify residents by phone of severe weather and other emergencies. To register your phone number with the Code Red system, visit the City's web site at nrhtx.com and click on the Code Red link. If you do not have internet access, you may register by calling 817- 427 -6969 during normal business hours. If you have registered your phone number in the past, you do not need to register it again. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Entire City Management and Employees An email was received from a new NRH homeowner stating that she cannot say enough good things about the community, city and its employees. Whether the police department responds to her home alarm, the city utilities responds to marking her water /sewer lines, or animal services responds to her request to pick up a dead animal in the roadway, everyone has been so efficient in responding. She also enjoys the NRH Centre and all of the activities hosted by the city from the Mayor's walk, Neighborhood Initiative to the Night of Holiday Magic, she is so proud to call North Richland Hills her home. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date 34-2013 Subject Agenda Item No. H.2 Adjournment