Loading...
HomeMy WebLinkAboutCC 2013-09-23 AgendasCITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, September 23, 2013 6:00 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Tarrant Appraisal District Board of Directors - Nominations for Upcoming Election (Agenda Item F.1) (10 Minutes) A.2 Update on the New City Hall Project (15 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 B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property in the southwest sector of the City 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 September 20, 2013 at a.m. F 1k As is t 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 — September 23, 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, September 23, 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: u City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Turnage A.2 Pledge - Councilman Turnage A.3 Special Presentation(s) and Recognition(s) - 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 September 9, 2013 City Council Meeting City Council Agenda — September 23, 2013 Page 2 of 4 C.0 PUBLIC HEARINGS C.1 ZC 2013 -12 Public Hearing and Consideration of a request from BMG Commercial for a Zoning Change from LR Local Retail and C -2 Commercial to RD -PD Redevelopment Planned Development with C -1 Commercial uses and regulations to include an express car wash on 0.923 acres located at 5901 Davis Boulevard and 7801 College Circle - Ordinance No. 3272 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 FP 2013 -05 Consideration of a requst from Kathleen Marthe for a Final Plat of Lots 25- 28, Block 6, Glenann Addition on 1.321 acres located at 8620 Amundson Drive E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 Tarrant Appraisal District Board of Directors - Nominations for Upcoming Election - Resolution No. 2013 -022 F.2 Consider Amendment of Chapter 42 Restricting the location where smoking is allowed - Ordinance No. 3273 F.3 Approval of New Committee Members to the Youth Advisory Committee 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 Rodriguez H.2 Adjournment All items on the agenda are for discussion and /or action. City Council Agenda — September 23, 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 compliance with Chapter 551, Texas Government Code on September 20, 2013 at '.35 a.m. n /� tant 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 — September 23, 2013 Page 4 of 4 City of North Richland Hills Work Session Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 826 North Richland Hills, TX 76186 Monday, September 23, 2013 6:00 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Tarrant Appraisal District Board of Directors - Nominations for Upcominq Election [Agenda Item F.1 ] (16 Minutes) A.2 Update on the New Citv Hall Proiect 415 Minutes B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the followinq as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.672, Texas Government Code to deliberate the purchase, exchange, lease or value of real property in the southwest sector of the Citv C.0 Adjournment M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -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: 9 -23 -2013 Subject: Agenda Item No. A.1 Tarrant Appraisal District Board of Directors - Nominations for Upcoming Election (Agenda Item F.1) (10 Minutes) Presenter: Mark Mills, Budget Director Summary: City Council is asked to consider a resolution nominating candidates for the Tarrant Appraisal District Board of Directors. General Description: The term for the Tarrant Appraisal District (TAD) Board of Directors will expire in December 2013 and the District has begun the election process. This process, which will continue into December, will adhere to the following steps: 1. Nominations must be made in an open meeting by the City Council in the form of a resolution no later than October 15, 2013. If Council chooses to nominate one or more individuals for consideration, action will be necessary during either the September 23rd or October 14th City Council meeting. 2. TAD will distribute ballots listing all nominees submitted by Tarrant County taxing units by October 30, 2013. 3. Council would submit votes for the nominee(s) of their choice via resolution by December 15, 2013. The five nominees receiving the largest cumulative vote totals are elected. Board members would then take office for a two -year term beginning January 1, 2014. Should Council desire to nominate individuals for consideration in the election of the Tarrant Appraisal District Board of Directors, Council will have an opportunity to do so by approval of a resolution during a Council meeting. An item has been included on the agenda for the September 23, 2013 Council meeting to accommodate this nomination, should Council choose. s Tarrant Appraisal District Mr. Mark Hindman City Manager City of N. Richland Hills P. D. Box 820609 N. Richland Hills, Texas 76180 Dear Mr. Hindman: Jeff Law Executive Director Chief Appraiser September 3, 2013 The terms of service for our five members of the Board of Directors will expire on December 31, 2013 and it is time to begin the process of conducting an election. Based on the amount of the 2012 adjusted tax levy imposed by each eligible taxing unit, we have calculated the number of votes for your entity. The enclosed list will provide you with that information. The first step in the procedure is the nomination of candidates. Each voting unit may nominate one candidate for each of the five positions to be filled. You are not required to make any nomination or you may nominate any number up to five. The County Tax Assessor /Collector is a member of the Board of Directors by law. In order to be eligible to serve as directors, the 2013 nominees must have resided in the Tarrant Appraisal District for at least two years prior to January 1, 2014. They may serve on the governing body of a taxing unit in the Tarrant Appraisal District and still be eligible to serve as a Director. However, an emolovee of a taxing unit is prohibited from serving as a Director unless that employee is also an elected official of the governing body. A Director may not be related to a person who is in the business of appraising property for property tax purposes or represents property owners in proceedings in the appraisal district or who is employed by the appraisal district. A person is ineligible to serve as a director if he, or a business in which he has a substantial interest, enters into a contract with the appraisal district or enters into a contract with a taxing unit in the district, if that contract relates to the performance of an activity governed by Title I of the Texas Property Tax Code (for example, appraising property for tax purposes or determining eligibility for exemptions). A substantial interest exists where the person and spouse have a combined ownership of at least 10% of the voting stock or shares of a business, or either of them is a partner, limited partner or an officer. If you have questions concerning the qualifications of nominees for a Board position, please call the undersigned. 2500 Handley Edejville Road, Fort Worth, Texas, 76118 www.tad. org (817) 284 -0024 Letter to Taxing Units Election of Board of Directors September 3, 2013 Page 2 The nominations for Directors, which must be trade in an open meeting of your taxing unit, should be submitted by the presiding officer to the Chief Appraiser in the form of a resolution adopted by the governing body by October 15, 2013, giving the names and addresses of the nominees. A. current resume or vita is also helpful. The appointment calendar is as follows: By October 15, 2013 By October 30, 2013 By December 15, 2013 By December 31, 2013 January 1, 2014 Nominations by resolution Ballots listing nominees delivered to Presiding Officer Entity submits votes by resolution to Chief Appraiser Five (5) nominees receiving largest cumulative vote totals are elected Board takes office for two year term The duties of the Board are outlined in Chapter 6, Texas Property Tax Code. If you have any questions, do not hesitate to call the undersigned. Sincerely, Jeff w ecutive Director Chief Appraiser JL:mm Encl. TARRANT APPRAISAL DISTRICT 2013 Calculation of Taxing Entity Votes for Board of Direct Per Section 6.03(d) of Texas Property Tax Code 2012* TAXES % OF 2013 RAPOSED TOTAL VO'T'ES School Districts: Aledo 2,017,790 0.06614% 3 Arlington 266,626,542 8.73929% 437 Azle 15,967,967 0.52339% 26 Birdville 104,011,313 3.40921% 174 Burleson 16,824,155 0.55132% 28 Carroll 81,701,125 2.67794% 134 Castleberry 6,655,872 0.21816% 11 Crowley 76,765,273 3.15111% 126 Eagle Mountain/Saginaw 96,137,107 3.15111% 158 Everman 15,003,937 0.49179% 25 Fort Worth 361,467,083 11.84790% 592 Godley 745,237 0.02443% 1 GrapevinelCvlleyville 143,030,776 4.68816% 234 Hurst/Euiess/Bedford 123,967,287 4.06331% 203 Keller 182,700,555 5.98843% 299 Kennedale 15,104,894 0.49510% 25 Lake Forth 11,690,161 0.38317% 19 Lewisville 1,283,103 0.04206% 2 Mansfield 139,970,730 4.58786% 229 Northwest 60,581,910 1.98571% 99 White Settlement 23,071,659 0.75623% 38 Total Schools $ 1,745,320,475 57.20684% 2860 Cities: Arlington 117,212,877 3.84192% 192 AAe 3,405,466 0.11162% 6 Bedford 14,739,731 0.48313% 24 Benbrook 10,403,251 034099% 17 Blue .Mound 535,122 0.01754% 1 Burleson 3,624,519 0.11880% 6 Colleyville 13,781,337 0.45171% 23 Crowley 4,930,670 0.16161% 8 Dalworthington Gardens 850,666 0.02788% 1 Edgecliff Village 512,9016 0.01681% 1 Euless 13,575,391 0.44495% 22 Everman 1,306,621 0.04283% 2 Flower Mound 404,605 0.01326% 1 Forest Hill 3,579,041 0.11731 % 6 Fort Worth 370,168,924 12.13313% 607 Grand Prairie 34,772,554 1.13975% 57 Grapevine 21,757,054 0.71314 % 36 Haltom City 10,766,371 0.35289 % 18 Haslet 1,419,736 0.04654% 2 Hurst 13,674,703 0.44822 % 22 Keller 18,719,818 0.61358 %Q 31 Kennedale 3,464,513 0.12995 %n 6 Lakeside 386,083 0.41265% 1 Lake Worth. 1,764,591 0.05784% 3 Mansfield 31,742,996 1.04045% 52 N. Richland Hills 23,306,412 0.76392% 38 Pantego 994,564 0.03260% 2 Pelican Bay 244,020 0.00800 % 0 Reno 31,277 0.00103 % 4 Richland Hills 3,006,038 0.09853% 5 River Oaks 1,877,053 0.06152 %Q 3 Roanoke 348,786 0.01012% 1 Saginaw 6,009,228 4.19697% 10 Sansom Park 714,585 0.42342 %0 1 Southlake 26,714,933 0.87551 % 44 Trophy Club 422,769 0.01386% 1 Watauga 5,721,268 0.18753 % 9 Westlake 1,362,746 0.04467 %n 2 Westover Hills 1,837,960 0.06024% 3 W estworth Village 853,918 0.02799% 1 White Settlement 3,537,705 4.11596% 6 Total Cities $ 774,938,808 25.40038% 1270 Other: Tarrant County 339,454,313 11.12658% 556 Tarrant County College 191,174,915 6.26619% 313 Total Other 530,635,228.0 17.39278% 874 Total All 5,004 $ 3,054,894,512 1009/o *Levy calculation based on September 2013 certified values and 2012 tax rates. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -2013 Subject: Agenda Item No. A.2 Update on the New City Hall Project (15 Minutes) Presenter: Jimmy Perdue, Public Safety Director Summary: Staff and the architect will provide an update on the design with the new Municipal Complex. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -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: 9 -23 -2013 Subject: Agenda Item No. B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property in the southwest sector of the City Presenter: Craig Hulse, Economic Development Director M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -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 826 North Richland Hills, TX 76186 Monday, September 23, 2013 7:00 P.M. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Turnage A.2 Pledge - Councilman Turnage A.3 Special Presentation(s) and Recognition(s) - 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 September 9, 2613 City Council Meeting C.0 PUBLIC HEARINGS C.1 ZC 2013 -12 Public Hearing and Consideration of a request from BMG Commercial for a Zoning Change from LR Local Retail and C -2 Commercial to RD -PD Redevelopment Planned Development with C -1 Commercial uses and regulations to include an express car wash on 0.923 acres located at 5901 Davis Boulevard and 7801 College Circle - Ordinance No. 3272 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 FP 2013 -05 Consideration of a regust from Kathleen Marthe for a Final Plat of Lots 25 -28, Block 6, Glenann Addition on 1.321 acres located at 8620 Amundson Drive E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 Tarrant Appraisal District Board of Directors - Nominations for Upcoming Election - Resolution No. 2013 -022 F.2 Consider Amendment of Chapter 42 Restricting the location where smoking is allowed - Ordinance No. 3273 F.3 Approval of New Committee Members to the Youth Advisory Committee 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 Rodriguez H.2 Adjournment N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -2013 Subject: Agenda Item No. A.a Call to Order - Mayor Trevino N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -2013 Subject: Agenda Item No. A.1 Invocation - Councilman Turnage N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -2013 Subject: Agenda Item No. A.2 Pledge - Councilman Turnage N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -2013 Subject: Agenda Item No. A.3 Special Presentation(s) and Recognition(s) - No items for this category. N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -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. N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -2013 Subject: Agenda Item No. A.5 Removal of Items) from the Consent Agenda M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -2013 Subject: Agenda Item No. 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. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -2013 Subject: Agenda Item No. B.1 Approval of Minutes of September 9, 2013 City Council Meeting Presenter: Patricia Hutson, City Secretary Recommendation: To approve the minutes of the September 9, 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 — SEPTEMBER 9, 2013 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 9th day of September 2013 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Tito Rodriguez Mayor Pro Tem, Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary George Staples City Attorney Mary Peters Public Information Officer Kristin James Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Stan Tinney Fire Chief Mark Mills Budget Director Chris Amarante Director of Facilities & Construction Craig Hulse Economic Development Director Greg VanNieuwenhuize Engineer Jimmy Cates Operations Manager — Public Works Jason Moore Management Assistant — Public Works Boe Blankenship Supervisor - Streets Clayton Comstock Senior Planner Angel Bellard Utility Service Manager Billy Owens Emergency Management Coordinator Absent: Rita Wright Oujesky Council, Place 2 ( 'nil to C)rrlar Mayor Trevino called the work session to order at 6:00 p.m. A.0 Discuss Items from Regular City Council Meeting Agenda Item C.2 - SUP 2013 -05 — Councilman Turnage questioned the timing of the project, if approved. He specifically questioned when the construction would be in progress and when the landscaping would be installed. He questioned if there were any provisions to delay the installation of the landscaping should the project complete during the hot summer months. Staff advised that they anticipated the project would be completed in late 2014 and advised that there were exceptions to allow landscaping to be installed during more amicable weather conditions. A.1 City of North Richland Hills Public Education Program -Water Wise Ms. Angel Bellard, Utility Service Manager, updated Council on the results of the 2012- 2013 Water -Wise Program. The public education program was approved in 2007 and is a school based resource conservation program designed to increase student and family knowledge and awareness of conservation. The program is administered to fifth grade BISD students and is funded jointly by the City and the Tarrant Regional Water District. Recipients of the 2012 -2013 Program included a total of 478 students and 10 teachers from 7 schools. The total cost of the program in 2013 was $16,570 and the City's share was $8,297. There were no questions from the Council. A.2 Smoking Ordinance Revisions Mr. John Pitstick, Director of Planning, reviewed with Council the draft smoking regulations previously discussed with Council at the August 12 work session. Mr. Pitstick reviewed the proposed additions where smoking would be prohibited and exceptions for allowed smoking areas. Staff requested feedback from Council on their concurrence with the proposed exceptions to the updated smoking ordinance. Council provided the following comments: • Hotels — no more than 20% of rooms — need to be able to establish which rooms are designated fixed smoking rooms • Primary smoking establishments (cigar, hookah lounge) — 85% smoking revenues; 18 and above) — verify that the 85% ratio of smoking to alcohol sales is realistic for cigar bars. • Prohibited within 25 feet of all primary entrances into indoor enclosed areas — questions on whether the owner is responsible for enforcement. Staff advised the owner is responsible for posting a sign, and then the Police Department and Code Enforcement can enforce. • Restaurants with outdoor patios — outdoor patios (after 9:00 p.m. or whenever restaurant is open ?) — Council concurrence was smoking may be allowed on patios at all times and owners have the ability to restrict. 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 Executive Session not needed. C.0 Adjournment Mayor Trevino announced at 6:30 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 September 9, 2013 at 7:00 p.m. I ;1@11 w+y_1 I I Present: Oscar Trevino Tito Rodriguez Rita Wright Oujesky Tom Lombard Tim Barth David Whitson Scott Turnage Tim Welch Staff: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Mayor Mayor Pro Tern, Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary George Staples Attorney A.1 INVOCATION Mayor Pro Tem Rodriguez gave the invocation. A.2 PLEDGE OF ALLEGIANCE State Representative Klick and Anthony Cooper, Boy Scout Troop 220 led the pledge of allegiance. A.3 SPECIAL PRESENTATION AND RECOGNITION(S) SPECIAL PRESENTATION TO CITY BY REPRESENTATIVE STEPHANIE KLICK State Representative Stephanie Klick presented to the City a resolution passed by the House of Representatives and a resolution from Governor Perry commemorating the City's groundbreaking of the new Municipal Complex. Representative Klick also presented a historic pecan tree to be planted at the new facility along with a certificate of authenticity. The tree was in celebration of the 175th anniversary of Texas Independence and is a seedling harvested from the birthplace of Texas Washington on the Brazos. The seedling, from the La Bahia pecan tree still standing beside the ferry crossing, is living witness to the convention of 1836 where elected delegates approved and unanimously adopted the Texas Declaration of Independence. None. A.4 CITIZENS PRESENTATION A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA There were no items removed from the Consent Agenda. B.4 APPROVAL OF CONSENT AGENDA ITEMS ❑PPRilVpn B.1 APPROVAL OF MINUTES OF AUGUST 26, 2013 CITY COUNCIL MEETING B.2 APPROVAL OF CONTRACT WITH DEPARTMENT OF STATE HEALTH SERVICES FOR ON -LINE COMPUTER SERVICES FOR REMOTE VITAL STATISTIC ACCESS COUNCILMAN LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. MAYOR PRO TEM RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -4. C.4 PUBLIC HEARINGS C.1 ZC 2013 -13 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM HOWE INVESTMENT COMPANY, LLC ON BEHALF OF JAMES & JOAN THOMASSON, WESLEY D. BANNISTER & ELLEN F. O'DANIEL, DARLA BOSWELL AND PAULA CAPSHAW FOR A ZONING CHANGE FROM AG AGRICULTURAL, R -1 SINGLE FAMILY RESIDENTIAL, AND R -1 -S SPECIAL SINGLE FAMILY RESIDENTIAL TO R -2 SINGLE FAMILY RESIDENTIAL ON 8.943 ACRES LOCATED AT 7223, 7301, 7305 AND 7309 EDEN ROAD - ORDINANCE NO. 3268 APPROVED Mayor Trevino opened the public hearing and called on the applicant to came forward. Mr. Mark Wood, Howe Investment Company, 8817 Precinct Line Road, came forward and requested approval of the zoning change to R -2 single family residential. Mr. Woad advised plans were to develop a residential subdivision consisting of 28 residential lots and one open space lot for drainage detention. Mr. Wood presented a concept plan of the lay out of the property and examples of the proposed detention pond and type of homes to be constructed in the development. Mr. Wood advised the drainage issues would be addressed during the platting process and the drainage would conform to all city regulations and requirements. Mr. Jahn Pitstick, Director of Planning, presented staff's report and the recommendation of the Planning and Zoning Commission. Mayor Trevino called for anyone wishing to speak in favor of or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN LOMBARD MOVED To APPROVE ZC 2013 -13, ORDINANCE No. 3268. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.2 SUP 2013 -05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CALIBER SHOOTING CENTER, LLC FOR A SPECIAL USE PERMIT FOR AN INDOOR SHOOTING RANGE LOCATED AT 7901 BOULEVARD 26 (FORMERLY HOME DEPOT EXPO DESIGN CENTER) - ORDINANCE NOM. 3269 ❑PPRnvFn Mayor Trevino opened the public hearing. Mr. Aaron Kreag, 7821 Cloverleaf Drive, NRH, representing Caliber Shooting Center and Mr. Joe Hillard, architect with BOKA Powell, Dallas, came forward to present the request for a special use permit for an indoor shooting range. Mr. Kreag advised he is proposing to open in the former Home Depot EXPO building located at 7901 Boulevard 26, the largest and most comprehensive indoor firearms training and retail facility in the United States. Mr. Kreag presented renderings of the proposed facility, advised of the project's timeline, the facility's features and services that would be offered, environmental and safety systems that would be used, and addressed items discussed at the Planning and Zoning meeting. Mr. Hillard addressed the building and site improvements. Mr. Clayton Comstock, Senior Planner, presented Staff's report and the Planning and Zoning Commission's recommendation. Mr. Comstock reviewed the site plan, landscape plan, building elevations and exterior lighting requirements. The Planning and Zoning Commission recommended approval subject to smoking or alcohol not being permitted at the facility, a sunset clause where the Special Use Permit would be eliminated after six months of discontinuance, the removal of the 6 foot fence along the north property line, the existing pole sign on Boulevard 26 may remain and staff to verify the proper repair of the leaning masonry fence on Birchwood. Mr. Comstock advised staff had checked the masonry fence and it does not meet the replacement threshold. Mr. Comstock also advised that the recommendation to allow Caliber Shooting Center to keep the existing pole sign on Boulevard 26 would require a separate hearing by the Sign Review Board. Staff is recommending approval with a sunset clause where the Special Use Permit would be revoked if a Certificate of Occupancy for the use described by the Special Use Permit were not issued by January 1, 2015. Mayor Trevino called for comments in favor of the request and in opposition to the request. There being no one wishing to speak, Mayor Trevino closed the public hearing and entertained a motion. COUNCILMAN LOMBARD MOVED TD APPROVE S P 2013 -05, ORDINANCE NO. 3269, SUBJECT TO SMOKING OR ALCOHOL NOT BEING PERMITTED, AND A SUNSET CLAUSE WHERE THE SPECIAL USE PERMIT WOULD BE REVOKED IF A CERTIFICATE OF OCCUPANCY FOR THE USE DESCRIBED BY THE SPECIAL USE PERMIT IS NOT ISSUED BY JANUARY 1, 2015. MAYOR PRO TEM RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.3 ZC 2013 -11 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM RIDINGER ASSOCIATES, INC. ON BEHALF OF RUSSELL E. JOHNSON AND NISHER OPERATIONS LP FOR A ZONING CHANGE FROM AG AGRICULTURAL AND O- 1 -NR -PD NONRESIDENTIAL PLANNED DEVELOPMENT TO NR -PD NONRESIDENTIAL PLANNED DEVELOPMENT ON 1.604 ACRES LOCATED AT 8301 AND 8309 DAVIS BOULEVARD - ORDINANCE NO. 3267 APPROVED Mayor Trevino opened the public hearing. Mr. J.D. Lawrence with Ridinger Associates, 550 South Edmonds Lane, Suite 101, Lewisville, representing the applicant, came forward to present the request. The applicant is requesting a zoning change to expand the boundaries of the Neighborhood Pet Health Center at 8301 Davis Boulevard. The expansion incorporates the adjacent property to the north which is currently zoned AG Agricultural. The applicant is also requesting in conjunction with the rezoning approval of a replat (Item D.1) to combine both lots into one continuous lot for shared common access to the north. Mr. Clayton Comstock, Senior Planner, presented the rezoning request along with the applicant's request for a replat (Item D.1 ) of the property. With Council concurrence, Mayor Trevino opened Agenda Item D.1. Mr. Comstock presented Staff's report for agenda items C.3 and D.1 and advised of the Planning and Zoning Commission's recommendations. Mayor Trevino called for comments in favor of and opposed to the zoning request. There being no one wishing to speak, Mayor Trevino closed the public hearing and entertained a motion for Item C.3. COUNCILMAN WELCH MOVED TO APPROVE ZC 2013 -11, ORDINANCE NO. 3267. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. D.0 PLANNING & DEVELOPMENT Items to fallow do not require a public hearing. ❑A RP 2013 -06 CONSIDERATION OF A REQUEST FROM RIDINGER ASSOCIATES, INC. ON BEHALF OF RUSSELL E. JOHNSON AND NISHER OPERATIONS LP FOR A REPLAT FOR LOT 1 R, BLOCK A, MUNSELL SUBDIVISION ON 1.604 ACRES LOCATED AT 8301 AND 8309 DAVIS BOULEVARD APPROVED Item was presented and discussed in conjunction with the zoning request, Agenda Item. C.3. MAYOR PRO TEM RODRIGUEZ MOVED TO APPROVE RP 2013 -06. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.0 PUBLIC WORKS E.1 APPROVE THE 2013 PREVENTIVE STREET MAINTENANCE PROGRAM APPROVED Mr. Boe Blankenship, Street Superintendent, presented the 2013 Preventive Street Maintenance Program. The method used for selecting streets is similar to the method used the past several years and as in previous years, most of the improvements will be in specific targeted areas of the city. The two "targeted" areas this year are: 15 the neighborhoods north of Mid- Cities Boulevard, south of Amundson Road and east of Davis Boulevard; and 2) south of Boulevard 26 and north of Bedford Euless Road. The CIP Committee met on August 24 and approved the 2013 program. The 2013 program includes the overlay of 8 streets, slurry seal of 17 streets and crack sealing of 24 streets. Councilman Welch, Chair of the CIP committee, expressed his support of the program. COUNCILMAN WELCH MOVED TO APPROVE THE 2013 PREVENTIVE STREET MAINTENANCE PROGRAM. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.0 GENERAL ITEMS F.1 ADOPTING THE 2013 -2014 PROPOSED BUDGET AND AMENDING THE 2012 -2013 REVISED BUDGET - ORDINANCE NO. 3270 APPROVED Mr. Mark Mills, Director of Budget, presented the item. Council is being asked to consider approval of Ordinance No. 3270 adopting the Fiscal Year 20113 -20114 Annual Budget and Plan for Municipal Expenditures, the Fiscal Year 2012 -2013 Revised Budget and Plan of Municipal Expenditures, the Fiscal Year 2013 -2014 Capital Projects Budget and the Fiscal Year 2012 -2013 Capital Project Amendments. The proposed budget was filed with the City Secretary's Office on July 26 and made available at the NRH Public Library and the city's website. All publications and hearings have been completed in compliance with City Charter requirements, special taxing district rules and procedures and state law, COUNCILMAN WHITSON MOVED TO APPROVE ORDINANCE NO. 3270, ADOPTING THE FISCAL YEAR 2013 -2014 OPERATING BUDGET FOR ALL FUNDS, ADOPTING REVISIONS AND AMENDING THE FISCAL YEAR 2012 -2013 OPERATING BUDGET FOR ALL FUNDS, ADOPTING THE 2013- 2014 CAPITAL PROJECTS BUDGET, AND AMENDING THE FISCAL YEAR 2012 -2013 CAPITAL PROJECTS BUDGET. COUNCILWOMAN WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.2 RATIFY INCREASE IN PROPERTY TAX REVENUES REFLECTED IN FISCAL YEAR 2013 -2014 ADOPTED BUDGET APPROVED Mr. Mark Mills, Director of Budget, presented the item. When adopting a budget that generates more revenue from property taxes than in the previous year, State law requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. The budget includes a proposed tax rate of 610 per $100 of valuation. An increase in appraised values and new construction will result in increased property tax revenues for the City. In accordance with State law, a cover page to the budget document will state, "This budget will raise more total property taxes than last year's budget by $660,829 or 2.9 %, and of the amount $354,464 is tax revenue to be raised from new property added to the tax roll this year." While the total amount of revenue generated from property taxes is $660,829 higher than the previous year, the tax rate does not exceed either the effective rate (61.0112¢) or the rollback rate (62.0977¢ ). In addition a greater portion of the tax rate in FY 2013 -2014 will be directed to debt service, resulting in a decrease to the maintenance and operations component of the tax rate. COUNCILMAN RODRIGUEZ MOVED TO RATIFY THE INCREASE IN PROPERTY TAX REVENUES REFLECTED IN THE FISCAL YEAR 2013 -2014 BUDGET. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.3 ADOPTING THE TAX RATE FOR TAX YEAR 2013 - ORDINANCE NO. 3271 ❑PPRilVpn Mr. Mark Mills, Director of Budget, presented the item. Council is requested to consider the adoption of an ordinance setting the maintenance and operations tax rate for Tax Year 2013 at 34.90360 and the debt service tax rate at 26.0964¢, for a total tax rate of 610 per $100 valuation. State law requires specific language be included in the ordinance setting the tax rate if it will impose an amount of taxes for maintenance and operations that exceeds the taxes imposed for that purpose in the preceding year. The 610 tax rate at a 100% collection rate, if adopted, will impose mare total property taxes ($660,829) than in the previous year and more property taxes for the purpose of maintenance and operations ($439,625). COUNCILMAN LOMBARD MOVED THAT ORDINANCE 3271 BE APPROVED, SETTING THE PORTION OF THE TAX RATE FOR MAINTENANCE AND OPERATIONS AT 34.90360 PER $100 OF VALUATION; AND SETTING THE PORTION OF THE TAX RATE FOR DEBT SERVICE AT 26.49640 PER $140 OF VALUATION, FOR A COMBINED TOTAL TAX RATE OF 610 PER $100 OF VALUATION. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.4 APPROVAL AND RATIFICATION OF THE 2013 CERTIFIED ROLL - RESOLUTION NO. 2013 -020 ❑PPRC]Vpn Mr. Mark Mills, Director of Budget, presented the item. State law requires the Council to ratify the Certified Tax Roll as a separate action item during the budget and tax rate approval process. COUNCILMAN TURNAGE MOVED TO APPROVE RESOLUTION 2013 -020, ACCEPTING AND RATIFYING THE TAX YEAR 2013, FISCAL YEAR 2013 -2014, CERTIFIED TAx ROLL. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.5 AUTHORIZE THE PUBLICATION OF NOTICE OF INTENT TO ISSUE CERTIFICATES OF OBLIGATION - RESOLUTION NO. 2013 -021 APPROVFn Mr. Larry Koonce, Director of Finance, presented the item. Council is being asked to consider a resolution authorizing the City Secretary to publish the intent to issue Certificates of Obligation not to exceed $8,890,000. Council has authorized the following projects to be financed with certificates of obligation $1,220,000 for Utility System Projects $1,200,000 for the Animal Adoption and Rescue Center $3,400,000 for Construction of City Pointe Drive $860,000 for the replacement of an ambulance and a Fire Rescue Pumper $100,000 for the replacement of a dump truck $2,000,000 for intersection improvements and utility burial on Boulevard 26. The proposed sale will occur on October 28 and total $8,890,000. Debt service payments for the utility projects will be made from utility fund revenues and debt service payments for Boulevard 26 improvements will be made from TIF No. 1 taxes. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION NO. 2013 -021 AUTHORIZING THE CITY SECRETARY TO PUBLISH THE INTENT TO ISSUE CERTIFICATES OF OBLIGATION NOT TO EXCEED $8,890,000. COUNCILWOMAN WRIGHT OUJESKY 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 WORK SESSION AGENDA No items. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Lombard made the following announcements. The 5th annual Wags & Waves event will be held at NRH2D Family Water Park from 10 a.m. to 4 p.m. on Saturday, September 21st. Bring your four - legged friend and paddle alongside your pup in the NRH20cean and Endless River. Admission is $20 per person. This event benefits several animal welfare organizations in the Dallas Fort Worth region. Please visit www.wagsandwaves.org for more details. Keep NRH Beautiful is seeking volunteers for the annual Trash Bash litter cleanup event on Saturday, September 21st. Everyone is invited to participate. Volunteers must pre- register to receive free trash bags, gloves and safety vests. Please contact Debbie York at 817 - 427 -6651 to sign up and get more details. The North Richland Hills Public Library and Carter Blood Care will host a blood drive from 11:30 a.m. to 5:30 p.m. on Monday, September 23rd. No appointment is necessary. For more information, please call the Library at 817 - 427 -6814. Kudos Korner — Liz Brockman, Peggy Lewis, Rebecca Jacques and Kathy Turner of the NRH Public Library. Several library patrons complimented the children's librarians regarding the Mayor's Summer Reading Club. They stated that it was an excellent program, very informative, motivational and the best summer reading program in the area. The time and effort the librarians put toward creating a positive reading experience was much appreciated. Many thank you's were expressed to the city for offering this annual summer program. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:30 p.m. Oscar Trevino — Mayor 1_ri9*16 Patricia Hutson, City Secretary N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -2013 Subject: Agenda Item No. C.Q PUBLIC HEARINGS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -2013 Subject: Agenda Item No. C.1 ZC 2013 -12 Public Hearing and Consideration of a request from BMG Commercial for a Zoning Change from LR Local Retail and C -2 Commercial to RD -PD Redevelopment Planned Development with C -1 Commercial uses and regulations to include an express car wash on 0.923 acres located at 5901 Davis Boulevard and 7801 College Circle - Ordinance No. 3272 Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: BMG Commercial is requesting approval of a zoning change from "LR" Local Retail and "C -2" Commercial to "RD -PD" Redevelopment Planned Development for an express conveyor tunnel car wash on 0.923 acres located at the northwest corner of Davis Boulevard and College Circle (5901 Davis Boulevard and 7801 College Circle). The proposed development would demolish the existing vacant 7 -11 convenience store at the hard corner and the self -serve car wash ( "Scrub -a- Dub ") along College Circle. CITY POLICY ON AUTO - RELATED USES: It has long been the policy in North Richland Hills that the number and location of new automobile- related uses such as auto repair shops, auto dealers, car washes, gas stations, etc. should be closely monitored and scrutinized to curb their proliferation and negative impacts to the community. Nearly all such uses therefore require a Special Use Permit for approval. One major criteria staff, the Planning & Zoning Commission and City Council have used in the past when considering a new auto - related use has been whether the use replaces and/or upgrades an existing like - use. For example, a new gas station redeveloping an old gas station site is preferred over a new gas station developing on vacant land. To that end, implementation of this policy by the Development Review Committee (DRC) has discouraged numerous inquiries for car washes on vacant greenfield sites along Davis Boulevard. This particular car wash proposal was more positively viewed by the DRC, however, because it proposes to redevelop two tired properties: a self -serve car wash and an abandoned convenience store which also served as a gas station until 2012. The applicant also proposes to make other improvements listed below in the "Case Description" section. However due to the size and dimension of the lot compared to the proposed use, the applicant is also proposing two variances be incorporated into the RD -PD. These variances are also outlined below. CASE DESCRIPTION: The site's size and dimensions are challenges to development, therefore the applicant is proposing an RD -PD which provides development flexibility in the following two areas: 1. Landscape Setback along College Circle and landscape encroachment into future right -of -way. College Circle is currently constructed as a 37 -foot street section within a 50-foot right -of -way; however the Thoroughfare Plan calls for a 40 -foot street section within a 60 -foot right -of -way. When the property replats (which is required for building permit for this project), 5 additional feet of right -of -way or right -of -way reservation will be required along College Circle. Because of the circulation design of the car wash and the limiting dimensions of the property, only a 7 foot continuous landscape strip is proposed along College Circle. This includes the 5 feet of future right -of -way. Therefore, an RD -PD development regulation is proposed to allow encroachment of landscaping into the right -of -way to allow for some landscaped buffer. With the encroachment, however, the required 15 foot landscape setback cannot be accomplished. 2. Drive- through kiosk canopy encroachment into building setback. The standard side building setback adjacent to a public street is 15 feet. The proposed canopy or porte cochere covering the payment kiosks comes within 5 feet of the future property line (after right -of -way dedication). The applicant has indicated that this porte cochere is required to screen the payment kiosk screens from the natural elements to increase their service life and reduce daytime glare on the screen(s) for the customers. As mitigating trade -offs between the proposed car wash use and the two issues along College Circle listed above, the applicant has proposed the following: 1. All aerial utilities along the College Circle and Davis Boulevard frontages will be removed, relocated, or placed underground. This includes at least five wood utility poles, an AT &T line along College Circle, an Oncor power line along Davis Boulevard, and overhead service lines going to each of the two existing buildings. 2. All existing driveway curb cuts along College Circle will be closed and the curb- and - gutter reconstructed with a 5 foot sidewalk at edge of curb. No off - street pedestrian sidewalks currently exist along College Circle in this location. 3. The new carwash development will reconstruct the existing driveway and convert it to a right-in/right-out only driveway. The carwash representatives have agreed to construct a new cross access with Loeffler's to the north assuming future agreements can be established. This PD establishes that within 18 months of a cross access easement being granted by Loeffler's that the carwash's Davis Boulevard driveway will be closed and demolished and new access will be established to the Loeffler's shared driveway. 4. All Large /Canopy Trees planted on -site will be a minimum 4 -inch caliper instead of the standard minimum of 3 inches. EXISTING SITE CONDITIONS: The "Scrub -a -Dub" self -serve car wash was constructed in 1983. The convenience store property was constructed in 1981. The gas pumps and tanks were removed from the convenience store site in September 2019, followed by the store's closing in early 2013. PLATTING STATUS: Both lots are platted in Block 2 of the College Circle Shopping Center Addition. The former convenience store property is Lot 1 and the car wash property is Lot 2. If zoning is approved for this use, the applicant would have to replat the two lots into one before pulling a building permit. EXISTING ZONING: The self -serve car wash lot is zoned C -2 Commercial. The former convenience store property is zoned LR Local Retail. A car wash is not permitted by right in either district by today's standards, however the existing car wash was in place prior to the SUP requirement. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Retail" for this area. The Retail Land Use is intended to permit a variety of retail trade, personal and business services establishments and offices. THOROUGHFARE PLAN: The lot has frontage on Davis Boulevard (F.M. 1938) and College Circle. Davis Boulevard is planned as a "P6D" 6 -lane divided principal arterial with 120 feet of right -of -way. Adequate right -of -way exists today for Davis Boulevard. As mentioned above, College Circle is currently constructed as a 37 -foot street section within a 50 -foot right -of -way. The Thoroughfare Plan calls for a "C2U" 2 -lane undivided collector with a 40 -foot street section within a 60 -foot right -of -way. When the property replats (which is required for building permit for this project), 5 additional feet of right -of -way or right -of -way reservation will be required along College Circle. SURROUNDING ZONING ! LAND USE: North: C -2 Commercial 1 Retail South: C -2 Commercial 1 Retail East: Town Center/ Town Center West: R -7 -MF Multifamily f High Density Residential PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their September 5, 2013 meeting and voted to recommend approval (5 -0). STAFF RECOMMENDATION: Because the proposed auto - related use is in keeping with the City's policy on the new development of such uses, and the development proposes to adequately mitigate the two variances being requested, the Development Review Committee supports approval of ZC 2013 -12, Ordinance No. 3272. LOCATION MAP MY oil vck p a d ern 0 IL J W Q T r- ow a Ae r u 4 At.� "r ; I �+ r i1 .. _? 4b to tow -.., U -- Y _ca e V- PROPERTY OWNER NOTIFICATION �-� -H!I� NOTICE OF PUBLIC HEARING °'' r� ,x CITY OF NORTH RICHLAND HILLS . -'� : PLANNING AND ZONING COMMISSION r��i��; AND CITY COUNCIL Case Numbers: ZC 2013- 12 Applicant: BMG Commercial Location: 5901 Davis Boulevard and 7801 College Circle You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached snap. Purpose of Public Hearing A Public Hearing is being held to Consider a request from BMG Commercial for a Zoning Change from LR Local Retail and C -2 Commercial to RD -PD Redevelopment Planned Development with C -1 Commercial uses and regulations to include an express car wash on 0.923 acres located at 5901 Davis Boulevard and 7801 College Circle. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, SEPTEMBER 5, 2013 CITY COUNCIL 7:00 PM MONDAY, SEPTEMBER 23, 2013 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 NOTIFIED PROPERTY OWNERS HeAner Yormak Suspenzi Prop Shannon, Gerald W Etux Loefflers European Automabile Ba rabra 399 Wall St Ste H 5935 Davis Blvd Glendale Heights 11 60139-1987 2 ra vine Tx 76 1 NRH Tx 76180 -6243 Grapevine Tx 76 ❑5i -5600 Asxr Holdings LLC 4444 Crooked Ln Dallas Tx 75229 -41017 Hernandez, Carol Ann 5917 Dripping Springs Ct NRH Tx 76180 -0206 Finfer, Lea Etvir Harry 5905 Dripping Springs Ct NRH Tx 76180 -0206 H & H Capital Ltd 411 Harwood Rd Bedford Tx 76021 -4151 Khan, Umair T & Amer J Khan 5913 Dripping Springs Ct NRH Tx 76180 -0206 Bradley, Mark D PO Box 822086 NRH Tx 76182 -2086 United States Postal Service Jols LP Attn Charles E Smith Trustee Pa Box 657160 6001 Davis Blvd Dallas Tx 75266-7160 Fort Worth Tx 76184 -6207 Callaway, Barbara E 305 Timberline Dr N Colleyville Tx 76034 -3514 Bradshaw, Justin Z 5909 Dripping Springs Ct NRH Tx 76180 -0206 Nrh Fountain Ridge Hoa Inc Attn Protea Real Estate 6210 Campbell Rd Ste 140 Dallas Tx 75248 -1380 ORDINANCE NO. 3272 ZONING CASE ZC 2013 -12 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A .923 ACRE TRACT OF PROPERTY FROM LR (LOCAL RETAIL) AND C -2 (COMMERCIAL) ZONING TO RD -PD (REDEVELOPMENT PLANNED DEVELOPMENT) ZONING WITH C -1 (COMMERCIAL) USES AND REGULATIONS TO INCLUDE AN EXPRESS CAR WASH; 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; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a .923 acre tract of property, Lots 1 and 2, Block 2, College Circle Shopping Center Addition, located in the City of North Richland Hills, Tarrant County, Texas, from LR (Local Retail) and C -2 (Commercial) zoning to RD -PD (Redevelopment Planned Development) zoning with C -1 (Commercial) uses and regulations to include an express car wash and adopting the site plan attached hereto as Exhibit A. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS S© ORDAINED. PASSED AND APPROVED on this 23rd day of September, 2013. CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary 1 -W U:191 ►1 =1 17:1'2 11911191 k51:1► I III I =[r]'_1 I I WA George A. Staples, City Attorney F- IWU:19171=117:1:211O 001] IN4►16 John Pitstick, Planning & Development Director Redevelopment Planned Development (RD -PD) Land Use and Development Regulations North Richland Hills, Texas This Redevelopment Planned Development (RD-PD) District shall adhere to the conditions of the North Richland Hills Code of Ordinances, as amended, and adopt a "base district" of "C -1" Commercial District. In addition to the attached Site Plan, Landscape Plan, and other exhibits, the following regulations shall be specific to this RD -PD District. Where these regulations conflict with, or overlap another ordinance, easement, covenant or deed restriction, these regulations shall prevail. ZONING 1. Permitted Land Uses. Uses in this RD -PD shall be those permitted in the "C -1" Commercial District and shall also include the following: a. Express (conveyor) car wash and vacuum stations b. Car detailing services 2. Development Regulations. This RD -PD shall follow the development regulations of the "C -1" Commercial District with the following additions and exceptions: a. College Circle Landscape Setback. The landscape setback along College Circle shall be as shown on the approved Site Plan and Landscape Plan. Landscaping may encroach in the public Right -of -Way when necessary to provide adequate screening of the site. b. Minimum College Circle Building Line is 15 feet; 5 feet for a payment/kiosk porte cochere of not more than 450 square feet. c. All aerial utilities along the College Circle and Davis Boulevard frontages shall be removed or relocated from said frontages, or placed underground. d. Within 18 months of an easement being granted to allow access from this property to the Davis Boulevard driveway of Lot 3, Block 2, College Circle Shopping Center Addition (5935 Davis Boulevard), this development's Davis Boulevard driveway shall be closed and demolished and new access shall be established to the shared driveway. e. Monument signage on the property shall limited to two signs. College Circle monument signage shall be limited to 4.5' in height. All other signage on the property shall meet current sign regulations. 3. Effectiveness of attached Site Plan exhibits. Site plans and site plan revisions which comply with all development related ordinances and this Ordinance, including its attached exhibits, shall be administratively approved by the staff Development Review Committee. Major deviations from the regulations provided herein or the exhibits attached hereto, as determined by the Development Review Committee, shall require City Council approval of a zoning change to revise this Redevelopment Planned Development. EXHIBIT A i iF T 1 4 r_pp' TM GouMBI Group. Inc. vmw.nre�� vsa�mvue awwvonm i � a m v F4.� w� 0 �i �rnMM� C -3.1 w� ra --Q_®LLEGE CIRCLE i iF T 1 4 r_pp' TM GouMBI Group. Inc. vmw.nre�� vsa�mvue awwvonm i � a m v F4.� w� 0 �i �rnMM� C -3.1 SCHEMATIC SITE PLAN COLLEGE CIRCLE wwc wu � . ... . .......... I LL: T =7. -,n -1 7hB Bm"sl Group, kic. T-- .ti— "14, -rz -s� (Zi C-3.0 CONCEPTUAL SITE PLAN S4, S. &WF.. osg. x MM ($M MB-7M W — Z C0PfPIGHT 2013 BMG GENEPAL CONTRACTOR CONCEPTUAL SITE PLAN w - 1W �r College Circle I �"O w �. -- 2 PP 'f • SAT Alk z I I r t _u' En I' Davis Express Car Wash ZC 2013 -12 A Plus Design Group i- ®CAP'IRIGNT 2013R RIDS DESIGN GF ,,LL A R C H I T E C T S '"°Tm E 7. J7 l-a w T. H-Pritchell / kssoc Wtes 0! 7-D AM i v A 13 i M > -i I Tly I ME AmAn uJ MI-- ww.mei A=* LANDSCAPE PLAN u 0�n PU LEGMD M19M 0 vff The eftsquut Group. Inc. Mo- MIECTEDPLAnTUST aTY OF NORTH RMC HILLS LNIQSG1fE STANWW SITE PLRN LANDSCAPE PLAN 1-i Won 7C 2013-12 T. H-Pritchell / kssoc Wtes > -i I Tly I AmAn uJ > < co v) LQ All M.-- W W w MIECTEDPLAnTUST aTY OF NORTH RMC HILLS LNIQSG1fE STANWW SITE PLRN LANDSCAPE PLAN 1-i Won 7C 2013-12 SCHEMATIC ELEVATIONS k } &EASTELEVATI- ---- ------- Yi f Fe �1LiiT ELEYAiION N DRTTI MTY70uin lL eVA710N M5 tA4T lLlYATIDN I r, uDRTx rLFVaTipu Ec�xxr�w m� . I . �aEafp Isµ txTw ry ✓AIP Ye1�LL Nwix Xpnp I,1, WEST ELCVATLDN OD DAYIS ST. NDNUIIINT 3NIN Yd 'Yl.Mlex rro L &M 66 RD. DIECNNAL E-N v� 1 PLL5 DESIG'4 GROUP ARCHITECTURE INTERIOR$ �,7z -Va 4u zf -MI FAX —v% TmJW Jik. niGaxt F %Repetrmon F�]0& PRELIMINARY HOT FOR CONSTRucTIdA 4 C) co co W la- x w gR .. F O Q � j Q 2 C] Q— N IXR ELEVAil01S N A2.1 N +� r CDLLRO! LIR. NONUMRNT ETON „'N. Yd 'Yl.Mlex rro L &M 66 RD. DIECNNAL E-N v� 1 PLL5 DESIG'4 GROUP ARCHITECTURE INTERIOR$ �,7z -Va 4u zf -MI FAX —v% TmJW Jik. niGaxt F %Repetrmon F�]0& PRELIMINARY HOT FOR CONSTRucTIdA 4 C) co co W la- x w gR .. F O Q � j Q 2 C] Q— N IXR ELEVAil01S N A2.1 N COLORED ELEVATIONS AND RENDERINGS NORTH ELEVATION - CAR WASH B Bmaga"i mm©® S41 S. aw'. arg."xM- M {WM 7 239 Davis Express Car Wash IC 2013 - ,, A R C H I Design E CT Group ��� @ COPfkIGHT 2f113 BMG GENERAL COIiTPACT�k �CAPiRIGNT 2033 A PLUS pE51GN GFS]IJP, LLG SOUTH ELEVATION - WAITING WEST ELEVATION - WAITING EAST ELEVATION - WAITING l SM099"6 1078y ®B&7238 E%w —w,— fi5C0PfPIGHT 2013 BMG GENEPAL CONTPACT U2 Davis Express Car Wash ZC 2013 -12 A Plus Design Group ®GaPiRIGHT 2013A F US DESIGN GR'.R1P, LLC A R C H I T E C T S VIEW FROM DAVIS BOULEVARD l S!21 S. on'%SYD { PM 88DIM E%w -w,- fi5C0PfPIGHT 2013 MG GENEPAL I ?r•: I::1, Davis Express Car Wash ZC 2013-1:2 A Plus Design Group i- CGOPiRIGHT 2013 A RUS D SIGN G,i ,:,.1 -C A R C H I T E C T S VIEW FROM DAVIS BOULEVARD AND COLLEGE CIRCLE INTERSECTION, LOOKING (WORTH WEST l 1:715. ai.�' on'% SYD { PM 88&7M E%w —w,— fi5C0PfPIGNT 2013 MG GENEPAL 1 'S:. 1,1H Davis Express Car Wash ZC 2013-1:2 A Plus Design Group i- MGOPiRIGHT 2013A RUS D SIGN GR2 -,.1 —C ARCHITECTS .r VIEW FROM COLLEGE CIRCLE AND ROSS ROAD INTERSECTION, LOOKING NORTH EAST l Bmogg"& { 872y 888-7238 E%w —w,— fDCOPfPIGHT 2013 BMG GENEPAL CONTPACT OR Dads Express Car Wash ZC 2013 -12 A Plus Design Group ®GaPiRIGHT 2013A F US DESIGN GR'.R1P, LLC A R C H I T E C T S VIEW FROM ROSS ROAD ENTRANCE l S!21 S. on" A% YD { PM 88&7M E%+GCa w— fDCOPfPIGHT 2013 BMG GENEPAL I ?r•: 1 : i1, Davis Express Car Wash ZC 2013-1:2 A Plus Design Group i- MGOPiRIGHT 2013 A RUS D SIGN G,i ,:,.1 —C A R C H I T E C T S VIEW OF CUSTOMER LOBBY BUILDING l S!21 S. on" A% YD { PM 88DIM E%+GCa w— fi5C0PfPIGHT 2013 MG GENEPAL I ?r•: 1 : i1, Davis Express Car Wash ZC 2013-1:2 A Plus Design Group i- MGOPiRIGHT 2013 A RUS D SIGN G,i ,:,.1 —C A R C H I T E C T S PHOTOMETRIC PLAN 1. I- U 1, f. 1, U 'i 81) L-�Ull-'ILNT F LEM FIFFFE I A U 1 1, 1, 1, 1, 'w I. b, xC r]: XPWS3 Uac.=nA-LkpN $%ALL SCONCE PROPOSED CAR WASH BAY DOORS Proposed A]uminurn and Glass Overhead Doors Davis Street Car Wash, North Richland Hills, Texas The following are images of what is being proposed for this project. The doors are high quality commercial and in aluminum and glass construction. When closed they look very similar to the buildings storefront window system. %�i IMMOIN MMM VACUUM SPECIFICATIONS & SOUND INFORMATION $to - SOUND LEVEL METER READINGS MODEL: FT-DD-T330HP4 (30H P TURBI N F VACUUM PRODUCER) READING ONE: 69 DB -A, 10 FEET FROM TURBINE @ 45° ANGLE AND NO BACKGROUND NOISE OR OUTSIDE INTERFERENCE. READING TWO: 54 DB -A, 20 FEET FROM TURBINE @ 45` ANGLE AND NO BACKGROUND NOISE OR OUTSIDE INTERFERENCE. READING THREE: 38 DB-A, 30 FEET FROM TURBINE @ 45' ANGLE AND NO BACKGROUND NOISE OR OUTSIDE INTERFERENCE. SOUND LEVEL METER USED: SIMPSON MODEL #40003 — MSHA APPROVED. MEETS OSHA & WALSH -HEALY REQUIREMENTS FOR NOISE CONTROL. CONFORMS TO ANSI 51.41983, IEC 651 SPECS FOR METER TYPE, Vacuiech I350IIi -Y'eeh Drive, Sheridan WY, 82SO1 PHONE,- (806) 917 -9444 FAX: (303) 675.1988 EMAIL: infa(dvucuEcchlle WFB slT-E. vucuteckllc.coth A J 16" PIPE INTAKE SIZE HEAD EXHAUST HEA 6" T.E. F.C. ENERGY INGESTION EFFICIENT MOTOR WITH VALVE WEATHER COVER PIPE 40 - SIZE MOTOR SUPPORT T 42" HEAVY GAUGE STEEL CHANNEL FRAME (4) VIBRATION ISOLATOR "SIMULTANEOUSLY USING A 1.50" X 15' VACUUM HOSE AT SEA LEVEL TO 3800' ALTITUDE, AND G TDTAL PIPING SYSTEM MAXIMUM LENGTH OF 150' YOUR TURBINE VACUUM SYSTEM VACSTAR DIRECT DRIVE NON — COUPLED T3 elute TURBINE VACUUM PRODUCER rsMnaw i HIP 10 .7.11 79 25 30 � 4A #D 5D SO STAGES 3 4 3 4 3 4 3 4 3 4 A 42' 42 -t {2' #g^ 44 -t {2' 41' #.,I'' it' 43' -USER t-a t -a t -ta t -to t -ts t -ts t -t# t -u t -ta t -ta 2kv.vfr§T:l INLET FROM PIPING SYSTEM (2 ea.) OUTLET TO TURBINE(2 so.) MOUNTING FEET (3 ea.) OUTLET TURBINE CONNECTION (2 so.) WITH FILTER SCREEN INSIDE, CAP IF NOT USED FILTER BAG MANUAL SHAKER (OPTIONAL} MAGNEHELIC DIFFERENTIAL PRESSURE GAUGE(OPIIONAQ FILTER AREA ACCESS DOOR WITH FULL LENGTH HEAVY DUTY PIANO HINGE 1/4- FACED CONECTION FOR VFD TRANSDUCER HEAVY DUTY ADJUSTABLE DOOR CLASP – UNBENDABLE 12 GA STEEL EPDXY PRIMER POLYURETHANE PAINT VACUUM (DEBRIS) PIPING SYSTEM INLET CONNECTION (2 ea.) CAP IF NOT USED DEBRIS BUCKET ACCESS DOOR WITH FULL LENGTIi HEAVY DUTY PIANO HINGE MOUNTING FEET (3 so.) 1/4- FIXED CONNECTION FOR VFD TRANSDUCE R TURBINE CONNECTION (2 ea) WITH FILTER SCREEN INSIDE FILTER BAG SHAKER (OPTIONAL) MAGNEHELIC PRESSURE GAUGE (OPTIONAL) 1 PIECE CONSTANT SEAL AIR POCKET GASKET TYPICAL ACCESS TO FILTER BAGS VACUUM (DEBRIS) PIPING SYSTEM CONNECTION (2 ea.) 1 PIECE STEEL DOOR TYPICAL ACCESS TO SCILOPE DIRT BUCKET FULL LENGTH HEAVY DUTY PIANO HINGE TYPICAL CLEARANCE REQUIRED FOR BUCKET REMOVAL 30' X 3D' MINIMUM MODEL FILTRATION AREA ---7— A B C D -E "F –2448 24' 50' 44 -3/4' 25-774" 4- IPS 4' IPS 13 SO. FT. SFS-31 31' 62' 56 -3/4' 28 -3/4" 6' FPS 6- IPS 32 SO, FT. SFS -3179 31' 51' 75 -3/4' 28 -3/4' 8' IPS 8" IPS 51 S0. FT. SFS-3488 34' 9o" 81 3/16' 32 -3/4' 8" In 8' IPS 66 SO. FT. -3868 38' 90' 81 -3116' 32 -3/4' 8' fPS 8' IPS 1W S4. FT. ISFS-4596 43- 98' 1 90 -3/4' 32 -3/4- 8' IPS 8- IPS 1125 $0. FT. *YOUR FILTER SEPARATOR APICAL FILTER SEPARATOR NITS wownmmmww aw ffffl +eaww a mmww ■rarrawr EXCERPT FROM THE MINUTES OF THE SEPTEMBER 5, 2013 PLANNING AND ZONING COMMISSION MEETING ZC 2013 -12 Public Hearing and Consideration of a request from BMG Commercial for a Zoning Change from LR Local Retail and C -2 Commercial to RD -PD Redevelopment Planned Development with C -1 Commercial uses and regulations to include an express car wash on 0.923 acres located at 5901 Davis Boulevard and 7801 College Circle. Trent Clark, architect with A -Plus Design Group, 2651 Sagebrush Drive, Flower Mound came forward requesting a zoning change for a future proposed carwash. He introduced the owner of the carwash, Mark Crittenden, along with the development team of BMG Commercial and Big Man Washes out of Irving, TX. The proposed development will be a high -tech express carwash with 17 free vacuum stalls, waiting /vending area, high quality design and materials and extensive landscaping. Clayton Comstock carne forward stating the applicant BMG Commercial is requesting a Zoning Change from C -2 Commercial and LR Local Retail to Redevelopment Planned Development with C -1 Commercial base district to include express tunnel carwashes at 5901 Davis Blvd. and 7801 College Circle. Existing lots include the Scrub -a Dub self - serve carwash and former 7 -11 convenience store and gas station. Regarding any future connection with Loffler's Automotive to the north either exchanges hands or another SLIP or PD Planned Development where City Council and the P&Z could have a stipulation where cross access be provided, the agreement would be in place. There is a provision in this PD for this carwash to connect to that future access easement if and when that is ever available, then the Davis Blvd driveway would enclose and reduce the number of driveway curb cuts at this location. In summary, Mr. Comstock continued saying that RD -PD Regulations are as follows: Base District of "C -1" including Express Car Wash, Vacuums &Car Detailing Services College Circle Landscape Setback less than 15 feet Minimum College Circle Building Line Burial /relocation of aerial utilities Future connection to north & Davis driveway removal Monument signage limited to two College Circle limited to 4.5' in height Mark Haynes asked what material was the vacuum canopy made of. Clayton Comstock said it was a mesh material similar to sunscreens. Vice Chairman Schopper opened the Public Hearing and asked if anyone was for against to come forward. Don Bowen asked if there would be a drying station in the vacuum area. Trent Clark said there would be approximately 8 blowers in the equipment and will be very dry when it comes out but additional drying can be at the vacuum station. Mike Benton asked if the sunshade was fade resistant. Trent Clark said yes it was fade resistant. Jerry Tyner asked what would be the typical hours of operation. Trent Clark said 8:00a.m. to 8:00 p.m. There was no one else wishing to speak so a motion was entertained by Vice- Chairman Schopper. APPRnVFn Mark Haynes motioned to approve ZC 2013 -12. The motion was seconded by Kathy Luppy. The motion passed (5-0) M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -2013 Subject: Agenda Item No. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -2013 Subject: Agenda Item No. D.1 FP 2013 -05 Consideration of a requst from Kathleen Marthe for a Final Plat of Lots 25 -28, Block 6, Glenann Addition on 1.321 acres located at 8620 Amundson Drive Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: Kathleen Marthe is requesting approval of a four -lot single- family residential Final Plat on 1.321 acres at 8620 Amundson Drive, or specifically the west side of Simmons Road approximately 315 feet south of Amundson Drive. The plat proposes to incorporate the new lots into the existing lot and block structure of the Glenann Addition. PLATTING STATUS: The property is currently unplatted and described as a 1.321 - acre portion of the 2.2 -acre Tract 8U in the Tandy K. Martin Survey, Abstract No. 1055. A Preliminary Plat was approved by the Planning & Zoning Commission on October 18, 2012 (Case PP 2012 -04) for these four lots and three additional lots to the north, or the whole 2.2 acres owned by Ms. Marthe. EXISTING ZONING: The property is currently zoned "R -2" Single Family Residential. The lot dimensions and layout of the proposed Final Plat meet the "R -2" zoning standards. THOROUGHFARE PLAN: The four lots have frontage on Simmons Road, an "R2U" 2- Lane Undivided Residential street with 50' of ultimate right -of -way. Just over 10 feet of right -of -way is being dedicated by this plat. ROUGH PROPORTIONALITY DETERMINATION: The developer will be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the City's design criteria as shown on the approved construction plans. This determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by the undersigned professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission considered this item at their September 5, 2013 meeting and voted to recommend approval (5 -0). STAFF RECOMMENDATION: Approval of FP 2013 -05. LOCATION MAP FFFFM AERIAL PHOTO FINAL PLAT Ye RnYrpeM mcgemmy Ica. st4kvmrt Drive PO Copper Canyon Road FINAL PLAT LOTS 25-20, BLOCK 6 GLENANN A VVITION AN ADDITION n THE CITY OF NORTH HIGHLA0 HILLS TARRW COUNTY, TWS 1.321 ACRES SITUATED IN THE T. V MARTIN SURVEY, ABSTRACT N0.1050 AUGUST 2013 14 LOWS I I � � I I I � I I I , I I I � I I � I I I � I 1 I � I I I_ I I I � I � I , 1 1 I I 1 Stewart Drive ZDM Al! rJ• r 2Yma x PCB r • 4r 1 c>Rs N Tr trnkuCMbW RubWt&Patrkla MUKb 1a9, RIO&1 Qlaam VA— M-77, Pg i7, PgT.GT. PaHdmsWwrt VoW.&3194, Pegs 65 Q.R.T.C.T. Lo[ I, Block A175 Hill -N {A L Pyax Ad&¢ CSbm 393.99, SII3 81, PSLT.GT. Copper Canyon Road Lot 20. BINk 8175 1io14N-091k= PLcs Admtim Cabipd388- Y9,5Gdc9t, wrze I I S -_ -r I I -mow J___ , to -..ti Z aas4. coca qq � w Y� fjl a 7 I y23sq.1c } 7r `r ki- F II 1^ 7„g Ld25 y W2 sa PI, r ] Is, f diliuu I I I i Se�rBw� � 196, I I I 4 I rj '�'A, I _ i 7.5• Llhtit? Ee�wt L f I 1 I I 1 1 - -�— - - -•d - -- --- - - - - as• � 170.?2' ---- �s �N S9°2 700imw 7r13 " w zoa er i �. � b -s` i V ascr�nr _ Asa b.-e K of I , I f' Lat 7lAI,BNek6 C& -Admti r kffWENMNM D20902MM I I I I , I I P.RT.CT. RubWt&Patrkla MUKb 1a9, RIO&1 Qlaam VA— M-77, Pg i7, PgT.GT. PaHdmsWwrt VoW.&3194, Pegs 65 Q.R.T.C.T. Lo[ I, Block A175 Hill -N {A L Pyax Ad&¢ CSbm 393.99, SII3 81, PSLT.GT. Copper Canyon Road Lot 20. BINk 8175 1io14N-091k= PLcs Admtim Cabipd388- Y9,5Gdc9t, EXCERPT FROM THE MINUTES OF THE SEPTEMBER 5, 2013 PLANNING AND ZONING COMMISSION MEETING FP 2013 -05 Consideration of a request from Kathleen Marthe for a Final Plat of Lots 25 -28, Block 6, Glenann Addition on 1.321 acres located at 8620 Amundson Drive Kevin Miller with Baird, Hampton & Brown Engineers, 6300 Ridglea Place, Fort Worth, came forward representing the applicant Kathleen Marthe for a Final Plat for the first four lots for the Glenann Addition. The southern portion of the lot will be split into three lots and platting the lot where the existing house sits. The back part of the pad will be taken out of the flood plain and will be sold to develop the northern portion. Chad VanSteenberg said the applicant is requesting approval of a four -lot single - family residential Final Plat on 1.321 acres at 8620 Amundson Drive, or specifically the west side of Simmons Road approximately 315 feet south of Amundson Drive. The plat proposes to incorporate the new lots into the existing lot and block structure of the Glenann Addition. The Preliminary Plat was approved by the Planning and Zoning Commission on October 18, 2012 for four lots and three additional lots to the north of the existing home, which represent the entire 2.2 acres owned by Ms. Marthe. The property is currently zoned R -2 Single Family Residential with lots dimensions and layout meet the R -2 standards. The lots have frontage on Simmons Road with 50 feet of right -of -way which 10 feet of the right -of -way is being dedicated by this plat. The developer will be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure need to support the development and Staff recommends approval of this Final Plat. laI» -IS7 ►1 =1 11 Mark Haynes motioned to approve FP 2013 -05, seconded by Kathy Luppy. The motion passed (5 -0). N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -2013 Subject: Agenda Item No. E.0 PUBLIC WORKS No items for this category. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -2013 Subject: Agenda Item No. F.0 GENERAL ITEMS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -2013 Subject: Agenda Item No. F.1 Tarrant Appraisal District Board of Directors - Nominations for Upcoming Election - Resolution No. 2013 -022 Presenter: Mark Mills, Director of Budget Summary: City Council is asked to consider a resolution, nominating candidates for the Tarrant Appraisal District Board of Directors. General Description: The term for the Tarrant Appraisal District (TAD) Board of Directors will expire in December 2013 and the District has begun the election process. This process, which will continue into December, will adhere to the following steps: 1. Nominations must be made in an open meeting by the City Council in the form of a resolution no later than October 15, 2013. If Council chooses to nominate one or more individuals for consideration, action will be necessary during either the September 23rd or October 14th City Council meeting. 2. TAD will distribute ballots listing all nominees submitted by Tarrant County taxing units by October 30, 2013. 3. Council would submit votes for the nominee(s) of their choice via resolution by December 15, 2013. The five nominees receiving the largest cumulative vote totals are elected. Board members would then take office for a two -year term beginning January 1, 2014. Should Council desire to nominate individuals for consideration in the election of the Tarrant Appraisal District Board of Directors, it is recommended that Resolution No. 2013 -022 be approved with the nominee(s) written in. Recommendation: Consider a resolution nominating candidates for the Tarrant Appraisal District Board of Directors. N RH RESOLUTION NO. 2013-022 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: WHERE AS, the City of North Richland Hills desires to nominate candidates to be considered during the election of the Board of Directors of the Tarrant Appraisal District; and WHERE AS, the City Council recognizes the important of the Board of Directors in providing leadership for the Tarrant Appraisal District; and WHERE AS, the City Council wishes to promote a continued emphasis on fair and uniform appraisals and the efficient operation of the Tarrant Appraisal District; NOW, THEREFORE, SECTION 1. THAT the following are nominated as candidates to serve as a member of the Tarrant Appraisal District Board of Directors during the two year term beginning January 1, 2014: 1. 2. 3. 4. 5. PASSED AND APPROVED this the 23rd day of September, 2013. Is] I was] M►IQA11:IN[ @]:IWIlki I NJ: III %' /_1a11 16 Patricia Hutson, City Secretary Oscar Trevino, Mayor George A. Staples, City Attorney 1 -AURRI LVA=1II_RMtOX@001zId =1z16 Mark Mills, Budget Director M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -2013 Subject: Agenda Item No. F.2 Consider Amendment of Chapter 42 Restricting the location where smoking is allowed -Ordinance No. 3273 Presenter: John Pitstick, Planning & Development Director Summary: In a response to requests from the Youth Advisory Committee and the public, smoking regulations are being updated to be more restrictive and to be consistent with surrounding area cities. Under the new regulations, restaurants will no longer be allowed to have indoor smoking sections, but there will be exceptions for outdoor restaurant patios, private offices and adult smoking establishments. Local restaurants and smoking businesses have been notified of proposed changes. If approved by Council, the new regulations will go into effect on January 1, 2014. General Description: New smoking regulations are proposed to create a consistent and level playing field for citizens and businesses. Current smoking regulations have not been updated since 1987. The new regulations are very consistent with area cities, specifically Arlington, Fort Worth and Hurst. A restaurant stakeholder meeting was held on July 11, 2013 to discuss basic changes with restaurant owners and managers and smoking establishments. The consensus of the meeting was to create a level playing field within the city and with area cities for restricting smoking. Two City Council work sessions were also held on August 12, 2013 and September 9, 2103 to get City Council direction. The new smoking regulations prohibit smoking in public buildings and within 25 feet of all primary entrances into public buildings, including restaurants. Exceptions include outdoor restaurant patios, private offices and clubs and adult smoking establishments. New regulations will not go into effect until January 1, 2014 in order to allow restaurants to comply with signage requirements and to educate the public on the new regulations. Recommendation: Approval of Ordinance No. 3273. M RH AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 42 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND RESTRICTING THE LOCATION WHERE SMOKING IS ALLOWED; ESTABLISHING A PENALTY FOR VIOLATION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR PUBLICATION. WHEREAS, it is recognized throughout the country that smoking is injurious to the health of both smokers and those who are in the presence of those who are smoking, including workplaces and locations where the public gathers, such as in restaurants, grocery stores, hospitals, schools, and retail establishments; and, WHEREAS, current city regulations prohibit smoking in many public areas, while state law prohibits smoking on public school property and in courtrooms; and, WHEREAS, the city council has been requested by its Youth Advisory Committee to investigate the possibility of enacting additional restrictions against smoking in the city and city staff has developed proposed restrictions which have been reviewed by the Council and which appear to meet the objective of providing reasonable restrictions with appropriate exceptions; and, WHEREAS, the City Council desires to amend the restrictions on smoking within the city as a measure promoting public health and safety; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Article IV of Chapter 42 of the North Richland Hills Code of Ordinances be amended to read as follows: i►a ►:i 11011 N ►►�9►IA C�1's'l1 w W.11 i I�I���:I�:i�i].7a[rlKil��y�:7 �e1�J1. � C010 &Q.1 Sec. 42 -171. Definitions. The following definitions shall apply to this article: Patio means an unconditioned eating area physically adjoining an existing eating establishment with at least two (2) sides of its perimeter open to an exterior yard, court and/or parking area. The exterior perimeter may have full or partial height walls provided at least 40% of the wall area is equipped with permanent openings that do not restrict ventilation or the free flow of air. Person means any individual Private Club means an association of persons as members, whether incorporated or unincorporated under the laws of the state, for the promotion of some common object, and organized by a board of representatives, including but not limited to a fraternal organization, private social club or dinner club. Private Club described as a facility in this chapter shall mean any enclosed area to which the public is not invited or in which the public is not permitted which is owned, leased or rented by the Private Club for its members and their guests. A privately -owned business, open to the public, is not a Private Club. Public building means any building other than a building used as a private residence. If portions of a building are used as a private residence and another portion of the building is used for business purposes or commercial activities, then "public building" as used herein shall apply to the portions of the building used for business purposes or commercial purposes, but not the portion used solely as a residence. The term "public building" includes, but is not limited to, restaurants, offices and other workplaces, warehouses, health care facilities, and elevators, and enclosed common areas of multifamily developments. For purposes of this definition, it does not include a private area not accessible to the public. Smoke or smoking means inhaling, exhaling, or burning a lighted cigar, cigarette, pipe or other lighted tobacco, weed, or other plant product in any manner or form. Sec. 42 -172 - Smoking prohibited in public buildings, near an entrance or exit to a public building; signs required; and prohibited acts. (a) It shall be unlawful for any person to perform the following acts in any public building in the city or within 25 feet of any public entrance or exit to any public building: (1) Smoke, (2) Carry a lighted cigarette, cigar, or tobacco- containing pipe, or (3) Light a cigarette, cigar or tobacco- containing pipe. (b) It shall be unlawful for any owner of any public building to allow the operation of the establishment unless one or more of the following signs have been posted at a location clearly visible to a person entering the establishment: (1) A "No Smoking" sign, or (2) The international "No Smoking" symbol (depiction of a burning cigarette enclosed in a red circle with a red bar across it). (c) It shall be unlawful for any owner or operator of any public building to place or allow to be placed any of the following items in any public building or within 25 feet from an entrance or exit to any public building: (1) Ashtrays, (2) Smoking paraphernalia, or (3) Signs that indicate that smoking is permitted. (d) It shall be unlawful for the owner or operator of any public building to allow smoking in any public building or within 25 feet of a public entrance or exit to any such public building. (e) It shall be unlawful for the owner of any restaurant to allow smoking in any location on the property where food is served. (f) The following are excepted from the prohibitions of this section: (1) An owner or operator may allow smoking in a designated outdoor public patio area of a restaurant located more than twenty five (25) feet from the main public entrance; (2) A private or semi - private room in a nursing home or long term health care facility that is occupied by persons who smoke and have requested in writing to be placed in rooms where smoking is permitted; or (3) A retail or service establishment which derives at least 60% of its income from the sale of tobacco, tobacco products or smoking implements; and the establishment has a primary public entrance and restroom facilities not connected with any other businesses; and is posted for no one under the age of eighteen (18) years is allowed to be admitted. (4) An adult bar as defined in Section 118 -711 of the City Code. (5) A fraternal organization or private club not serving the general public; or (6) A private, rented guest room in a hotel or motel that has been designated as a smoking room by the owner or operator of the hotel or motel, as long as no more than twenty percent (20 %) of the rooms are designated smoking and all smoking rooms are located on the same floor. (7) Any facility which is primarily used for exhibiting any stage, drama, lecture, musical recital or other similar performance, when smoking is part of a stage production. Sec. 42 -173. - Tobacco use in city -owned buildings and parks. (a) Prohibited, exception. It shall hereafter be unlawful for any person to smoke tobacco, chew tobacco or dip tobacco or snuff within the confines of any city -owned and operated building or any city -owned park or trail maintained by the city. (b) Intent. It is the intent of the city council in passing this section to create a smoke - free and tobacco -free environment within all city buildings and city parks including trails maintained by the parks department. (c) Notice. Notice of this section shall be given by posting written "THIS FACILITY IS TOBACCO FREE" signs at or near the main entrance of each building. Each letter in the sign shall be at least 1.5 inches in height. Notice of this section shall be given on all rules and regulations signs located in all parks. Sec. 42 -174 - Penalty. Any person who violates this article shall be guilty of a health and sanitation misdemeanor violation and subject to a fine as set forth in Section 1 -13 of this Code of Ordinances. Each day that a violation is permitted to exist shall constitute a separate offense. Any association, partnership or cooperation that violates this article shall be guilty of a health and sanitation misdemeanor violation and subject to such fine. Sec. 42 -175 — Enforcement The city manager and his designees are authorized to issue citations and take all action necessary to enforce this ordinance." Section 2: Violation of this ordinance shall be punishable by a fine of up to two thousand dollars ($2,000.00). Each separate violation shall be punishable hereunder and each day each such violation shall be allowed to exist or continue shall constitute a separate violation 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 effective January 1, 2014. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 23rd day of September, 2013. CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary 1_1 U, ;191TA=1 17:1�2 11911191 k51:1 r I III I XH -I I I VA George A. Staples, City Attorney 1_10=191►1=117:1'2t9X0161►10=1 �16 John Pitstick, Planning & Development Director M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -2013 Subject: Agenda Item No. F.3 Approval of New Committee Members to the Youth Advisory Committee Presenter: Kristin James, Assistant to the City Manager Summary: The Youth Advisory Committee (YAC) currently has nine vacancies. Below is a recommendation to fill all vacancies which will bring this committee to sixteen members, the maximum number allowed by the YAC bylaws. General Description: The Youth Advisory Committee (YAC) currently has nine vacancies. This year, staff received eleven new member applications for the 201312014 Academic Year. Upon review of the applications by the YAC Executive Committee and Staff Liaison, it was decided to recommend to City Council the following new members for appointment: Tyler Barry — Richland High School — Grade 9 Tiffany Dang — Birdville High School — Grade 12 Sara Johnson — Richland High School — Grade 10 Peyton Larson — Richland High School — Grade 12 John McGuffin — Birdville High School — Grade 12 Meredith Orr — Richland High School — Grade 11 Vanessa Pabon — Birdville High School — Grade 12 Pete Riscky — Richland High School — Grade 11 Emmaclaire Tenney — Birdville High School — Grade 12 These new appointments are in accordance with Section 2 -171 of the Code of General Ordinances. YAC has seven members returning in good standing, including: Caroline Beagles — Fort Worth Christian — Grade 10 Mason Chaney — Richland High School — Grade 12 Rebecca Cooper — Richland High School — Grade 12 Emily Crowson — Keller High School — Grade 10 Hayden Hunter — Richland High School — Grade 12 Stephanie Phillips — Richland High School — Grade 12 Leon Zajimovic — Richland High School — Grade 12 The bylaws state that anyone who would like to participate in YAC who is not appointed to the Committee may become Active Group Representatives. This year we will have two representatives: Samantha Moore — Birdville High School — Grade 12 Tanner Roan — Richland High School — Grade 12 Recommendation: Approve the Youth Advisory Committee's recommendations for the new committee members for the 2013/2014 Academic Year. N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -2013 Subject: Agenda Item No. G.0 EXECUTIVE SESSION ITEMS N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -2013 Subject: Agenda Item No. G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -2013 Subject: Agenda Item No. H.0 INFORMATION AND REPORTS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -2013 Subject: Agenda Item No. H.1 Announcements - Mayor Pro Tern Rodriguez Announcements Join the North Richland Hills Police Department in celebrating National Night Out on the evening of October 1st. Residents are encouraged to turn on their porch lights and gather with their neighbors to show unity against criminal activity. The Mayor's next monthly bike ride will be held on Thursday, October 3rd. This will be the final ride of 2013. Cyclists are invited to meet at the NRH Centre parking lot at 5:45 p.m. for the informal ride with Oscar. The ride is approximately 10 miles and incorporates the NRH trail system and on- street routes. On Saturday, October 5th North Richland Hills residents can get rid of unwanted bulky items during the annual Fall Community Cleanup. Items can be dropped off from 9 a.m. to noon at the Tarrant County College- Northeast Campus, 828 Harwood Road by the Tennis Courts. Paper shredding will also be offered from 9 a.m. to noon, or until the truck is full. Residents can bring up to five average -size file boxes of paper to be securely shredded and recycled. For more information, please call 817- 427 -6663. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Art Anna, Tanner Arwine and Pete Martinez of the Parks & Recreation Department — A resident called to express her appreciation for the city employees who helped her when her car broke down by Liberty Park. They pushed her car to her house, which was nearby. She stated that they were very kind and courteous and went out of their way to assist her. She said she was very grateful for their help. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 9 -23 -2013 Subject: Agenda Item No. H.2 Adjournment