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CC 2014-02-10 Agendas
CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, February 10, 2014 6:00 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Discuss 2014 Federal Legislative Positions (10 minutes) A.2 Discuss options for using the awarded Sustainable Development Project Grant funds from the North Central Texas Council of Governments (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 Lease of City Property (Mineral Leases) B.2 Executive Session: Pursuant to Section 551.087 Texas Government Code Regarding Economic Development Incentives in Southern Sector of 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 February 6, 2014 at �� % p.m. vs ,9&"4 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 — February 10, 2014 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, February 10, 2014 7:00 P.M. Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------- - - - - -- A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Lombard A.2 Pledge - Councilman Lombard A.3 Special Presentation(s) and Recognition(s) - Proclamation Recognizing National Engineers Week presented by Councilman Welch A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from the Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. City Council Agenda — February 10, 2014 Page 2 of 4 • B.1 Approval of Minutes of January 27, 2014 City Council Meeting B.2 Rescheduling the March 10, 2014 City Council Meeting to March 3, 2014 and the May 26, 2014 City Council Meeting to May 19, 2014 B.3 Approve the Dedication of a Permanent Electrical Easement located at 7301 Iron Horse Boulevard to Oncor for new Animal Shelter C.0 PUBLIC HEARINGS C.1 TR 2013 -07 Public Hearing and Consideration of amendments to Article IV of the City's Zoning Ordinance for the establishment of a new "Freeway Corridor Overlay District" along Northeast Loop 820 and State Highway 121/183 (Airport Freeway) and Section 118 -631 Table of Permitted Uses - Ordinance No. 3291 C.2 TR 2014 -01 Consideration of an ordinance amending Article III, Chapter 114 of the North Richland Hills Code of Ordinances (Landscaping and Buffering Regulations); creating regulations for a Freeway Corridor Overlay District - Ordinance No. 3292 C.3 ZC 2014 -02 Public Hearing and Consideration of a request from The City of North Richland Hills for a Zoning Change from 1 -2 Medium Industrial to C -2 Commercial on Lot 2R, Block 5, Industrial Park Addition located at 5757 Rufe Snow Dr. - Ordinance No. 3295 CA ZC 2014 -03 Public Hearing and Consideration of a request from The City of North Richland Hills for a Zoning Change from 1 -2 Medium Industrial to C -2 Commercial on Lots 3A, 3B and 4A, NRH Industrial Park Addition located at 5700 and 5710 Rufe Snow Dr and 6700 Iron Horse Blvd. - Ordinance No. 3296 C.5 SUP 2014 -01 Public Hearing and Consideration of a request from The City of North Richland Hills for a Special Use Permit for an Auto Rental business on Lot 3A, NRH Industrial Park Addition located at 5700 Rufe Snow Dr. - Ordinance No. 3297 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS No items for this category. G.0 EXECUTIVE SESSION ITEMS City Council Agenda — February 10, 2014 Page 3 of 4 r G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Whitson H.2 Adjournment All items on the agenda are for discussion and /or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on February 6, 2014 at P.M. 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 — February 10, 2014 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 820 North Richland Hills, TX 76180 Monday, February 10, 2014 6:00 P.M. A.0 Discuss Items from Regular City Council Meetinq A.1 Discuss 2014 Federal Legislative Positions (10 minutes) A.2 Discuss options for using the awarded Sustainable Development Project Grant funds from the North Central Texas Council of Governments (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 Lease of City Property (Mineral Leases) B.2 Executive Session: Pursuant to Section 551.087 Texas Government Code Regarding Economic Development Incentives in Southern Sector of City. C.0 Adjournment N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. A.0 Discuss Items from Regular City Council Meeting N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. A.1 Discuss 2014 Federal Legislative Positions (10 minutes) Presenter: Karen Bostic, Assistant City Manager Summary: The purpose of this agenda item is to seek City Council consensus of the 2014 Federal Legislative Positions for the City of North Richland Hills. General Description: The legislative program is intended to be a guide to our legislators to inform them of the city's position on issues we expect will be raised during the congressional session. As in the past, we have used four guiding principles to determine our positions. These guiding principles are: • Local control • Predictable and sufficient level of revenue to provide for our residents • Opposition to unfunded mandates • Quality of life We expect the highest priorities to be: • Transportation • Rights of Way • Online Sales Tax • Maintaining Tax Exempt Status of Municipal Bonds City of North Richland Hills Il�l��Illll��llIVIIIV�IIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIII�II�I�IIIII�IIII�IIIIIIIII�mIllliiili „,,,,,,,,,,,iiiiiiii�11111111i � � `llllllllllllllllllll „�II�I��I��� 1111111 «���IIIIIIII �lllllllllll�ltllll ��� ���� ��1 Iwu�oum l �u °um �m�� �j0ulmllllllglll �I �IIIII�I� Il�u� ( 1111111111muuuiioluullllloil1110P�� i�IIIVI� IIIIIIIII IIIIIIIIIL ��VII� �I�IIIIII' nlllllllll° I�IIIIII� ,�IIIIIII�” �IIV�„ �II� Il��u �pVl�ll���� � ���ju �Illu �Id�tmiiouuuumuuuluu ouuumi °101' �Illl�u IIOItl III Illlll ,�tlI�Vm 4�0ail�IVp uu w Ipll X1 it hill' , mllUll� IIVI.. lu�t�l�lll ^IIII�1111 III II � �I����Vm ohm �iluml i� � ii 114 ttrii m111111111" IIIIIIIII 111111111111VIfd �I11uu'" m�IIIVu II Po 1»� u,,, �101111111�'S���� IIII �Nm pl,`. � i ou u�lllli'i � „„ uii " @II Ijll I� I��Il��ui1 °iuo� �almm��V� �O��II�aV n) ” 4�1111I�@ ���VI ol�ll... » »� i � uul�lpi �11�1�I���11111 "��Il�iur4lpil IW S,llu ap 01111. V�IIVPI �yyy�1111` � l �ulll�imumuu �Illllllm lllu lh lh �� m�lllllllllllW mu muu »I II��� ti plllpl��� �IIVu �,III� jii X11 IIIO� ��� 11 IIII� "11111 �� lou I11ii F, m ����� m�����II�IIIIIIp111pVllllpp111 11 @!' mi111��111 I I rl l W� Im�ti 101�'� 0111 uu00000 �»om um1111411n»� �IIVph1111 �� Il�t 11ti11 pilall�wl IIIIIIIII IVUm��j V it iC &4111111u uo IIIIII�III�«s1���a1 "���II� u�lllu CP ' Illl �i II alllllllu I� � �ylpp � I ��i»u ii�Illih�i6110� ���I��I01 i�l�llllllllllpllll11111111ll1 }�� �������jpl��i�lll..oilu nlmlliuuilomluull,l�' �ltlp ill ��Ili 'OII��L. � �mmuuulm0' ly. iu��a ;11111 iIIIIIW '� OI11�o iu 91��Ir dllllll4l q a, �i » � ii lu ,� IW" tl» � IlIII1111Yi �ulllllll��I�II�I�� tt��ttttlllllll »»ulllllui;641111111111 ���� »I�� ��'I�Iti� �illuulul IIIII� ll��q� lllt�l� p,; � IIIIIIIII«l«��1��� Ilu° 11���1 ��IIh �������� °`.I �� »�,,,�� I�Illllltti�� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�I�IIIIIIIII IrI,���I�I,I�,,,,IP ullllllllll �;1 141 III'�pl �IIIIIIIP 1 lu��I��lll n ��u hu �� �N ���4 llllhll`yV\�l�lu�io�� d4lSllll �91111111M1 °ONlplllui II�� � � u p� imp � � nll 1 �» �Illlllllllu ��`�� III ��� a ^�' 1111�o�omumumull161691 »tt w � 1y iil 11111111111, lttuq�� II o ' � � �Iy V IIuIJuIIIVIIiIIpIIIV � ��' °'vt» � 10011 � mlummumpll�lllullu �II�IIV �� '111, �u0ululma °� alll�� I IIO» � u ��141111�II,� ����111111II °II�Il1iYu111� 11, �� pIIII�VV��mi �I��IIIt���t V� a91III��I m�; V � � I mIII�V 01111111 »u �o1i11111 " mlu�l III a �ull. 0'411 �u�1ik III 1�11111, 411111' �1�11�1i III IV�11 1IIIIIIIIVO' I,�I�p I0IIIIIII IVIVIV� IIIIIIIIIIV OIUIIIIIII� 'IIVIIIIIB ''011pll� �IIIIIIO {pl�lm 011410` �nllllllullal»n111 1pumi 141uu, mu14," �I�p "I"" 1�u111` t�q��� uu °umi�l» ,aq �j0u° � 1 III ��lllll ���lll41ll111p1puu ° °I1111111111111 I�I I (IIIIIIIII 11,111 m1111��ummlllmuum111�� ���II���I &SIIim11m014 @011 �11111 11� ��Illlllli,�, Id 17 ��I��IIIII�lllll�llll�lllmuu� 4111pumumopll�ll� »1�1� � �mmm�014 2014 Federal Legislative Positions FEDERAL LEGISLATIVE INTRODUCTION The United States Congress frequently creates new laws that greatly affect municipalities. Due to this relationship, the City of North Richland Hills must develop and adopt positions on the most critical federal issues that directly impact the City and its citizens, especially issues involving 1.) local control, 2.) quality of life, and 3.) municipal revenues (including unfunded mandates). Therefore, the City of North Richland Hills uses three primary principles in developing positions on legislative issues: 1. The City vigorously opposes any legislation that erodes the authority to govern our own local affairs. 2. The City opposes any legislation that dramatically impacts our ability to pay for public services and opposes the imposition of any federal mandates which do not provide for a commensurate level of compensation. 3. The City supports legislation that increases the quality of life for our citizens including legislation that encourages equitable services that increase pride and growth in our community. If an issue arises in Congress that is not included in this document, we urge our Congressional delegation to keep the City's guiding principles in mind as they make important decisions which will impact our joint- constituents. TABLE OF CONTENTS General Legislative Policy ....................................................... ............................... 4 Transportation.......................................................................... ............................... 5 Rightsof Way ............................................................................ ............................... 6 OnlineSales Tax ...................................................................... ............................... 7 Maintaining Tax Exempt Status of Municipal Bonds ................ ............................... 8 Contacts................................................................................... ............................... 9 GENERAL LEGISLATIVE POLICY _1 r=rd=1►Til=1124 ki•]M:1N* 4:i1flild M L4 As a general policy, the City of North Richland Hills seeks to preserve its current authority to govern the city, its citizens, and its property. As such, the City opposes legislation that • diminishes the fundamental authority of the City; • mandates increased costs without adequate compensation; • forces a loss of revenues or a decrease in public services; • erodes requirements for reasonable compensation for use of public lands; or • erodes municipal control over local water systems. _1 r=1d=1►Til=1124 k9101WI :1101M Likewise, the City supports legislation that • advances municipal authority to conduct the public's business; • improves the health, safety, and welfare of our citizens; • responsibly and fairly increases revenues to pay for essential services; • reduces the cost of providing services; • responsibly promotes economic development, or • improves the economy and creates jobs. TRANSPORTATION BACKGROUND An effective and interconnected transportation infrastructure is essential to maintaining a healthy and vibrant economy. A strong intergovernmental partnership and a coordinated transportation system are keys to advancing national transportation goals and priorities. If we continue to allow our infrastructure to deteriorate through lack of investment and proper maintenance, we put America's economic success, and the success of our cities, at risk. As local governments continue to struggle with budget shortfalls, federal support for infrastructure is even more critical. The Highway Trust Fund is not keeping up with demand. Financed by federal gasoline taxes and redistributed through the states to cities and towns, it is not keeping up with the investment and maintenance needs of our transportation system. Our current system is aging and requires increasing investment just to maintain its current condition, much less improve it. Without action, the nation's aging transportation systems will further deteriorate. It is critical to our City and our region that funding be made available for road projects to improve the quality of life for all citizens through a dramatic increase in safety and managed and/or reduced travel time. It is also critical that funding be made available for alternative means of transportation, including commuter rail. • The City supports full funding for federal transportation programs and initiatives that support bridges, roads, highways, transit and high -speed rail. • The City supports public - private partnerships that support transportation priorities. RIGHTS -OF -WAY BACKGROUND Over many years, citizens have been required to donate their property to local governments in order for it to be used for public purposes for the common good. These rights -of -way are used for many purposes including the location of water and sewer lines, telecommunication and cable lines, as well as other various utilities. Municipalities are compensated for the use of public rights -of -way by the private industries that use them, providing a dividend to the property owners through lower property taxes. The underlying principal is that private use of publicly -owned rights -of- way is a privilege not an entitlement. Local governments are, in fact, legally obligated to control and charge for the use of rights -of -way. The Texas Constitution requires cities to receive fair market rental payments from private industries that use public land for their private gains. Local governments are also responsible for maintaining the rights - of -way to ensure the health and safety of their citizens. This enables cities to minimize service disruptions to the public, protect public investment in the rights -of -way, and assures correct placement of service lines. From time to time private entities advocate the advancement of their enterprise by requesting "relief" from local rights -of -way from the federal or state government. This "relief" comes at the expense of the local property owner who does not receive the just compensation they deserve through lowered taxes from the use of this property. The City of North Richland Hills advocates the expansion of telecommunications and other utilities through use of City rights -of -way. We just do not believe it is right to mandate access without just compensation. POSITION • The City of North Richland Hills opposes any legislation that will restrict the ability to manage our rights -of -way or that allows rights -of -way user access without appropriate compensation to the City. ONLINE SALES TAX BACKGROUND While the internet creates myriad shopping opportunities, it has also put traditional retail outlets at an unfair disadvantage. In recent years, Main Street retailers have become local showcases for remote purchase by customers who believe they get a discount by not paying sales tax. On the contrary, these consumers are required to pay the applicable sales tax for their online purchases. While the brick - and -mortar retailer collects the sales tax at the time of purchase in a store, right now the responsibility shifts to the internet customer who is supposed to pay the sales tax when filing their annual state tax returns. However, most taxpayers are not aware of their responsibility and state and local governments do not have the resources to enforce payment. This puts main street retailers at a competitive price disadvantage compared to remote sellers. It is estimated that state and local governments lose approximately $23 billion per year in uncollected sales tax. POSITION • The City of North Richland Hills supports federal legislation to level the playing - field between e- commerce and brick and mortar retailers by giving state and local governments the authority to collect sales taxes on remote sales. MAINTAINING TAX EXEMPT STATUS OF MUNICIPAL BONDS BACKGROUND As Congress and the Administration look for revenue to reduce the deficit and fund programs, the federal income tax exemption provided to interest paid on state and municipal bonds is under threat. Since the federal income tax was instituted in 1913, interest earned from municipal bonds issued by state and local governments have been exempt from federal taxation. These bonds are the primary financing mechanism for state and local infrastructure projects, with three - quarters of the infrastructure projects in the U.S. built by state and local governments. Local governments save an average of 25 to 30 percent on interest costs with tax - exempt municipal bonds as compared to taxable bonds. This is true because investors are willing to accept lower interest income on tax - exempt bonds in conjunction with the tax benefit. If the federal income tax exemption is eliminated or limited, states and localities will pay more to finance projects, leading to less infrastructure investment or a greater burden on citizens who will have to pay higher taxes and fees to do the same projects. The need for infrastructure investment is critical. Much of this need must be met by states, counties and cities. Tax - exempt municipal bonds are the primary tools for doing so. • The City of North Richland Hills supports continuation of the tax - exempt status for municipal bonds, thereby providing the primary funding source for local infrastructure projects. CONTACTS City of North Richland Hills 7301 NE Loop 820 P. O. Box 820609 North Richland Hills, Texas 76180 (817) 427 -6000 Fax: (817) 427 -6016 http-//vvww.nrhtx.com Mark Hindman City Manager (817) 427 -6003 Email: mhindman @nrhtx.com Karen Bostic ** Assistant City Manager (817) 427 -6005 Email: kbostic @nrhtx.com Mayor and City Council Oscar Trevino, Mayor Sixto "Tito" Rodriguez — Mayor Pro Tem Rita Wright Oujesky — Place 2 Tom Lombard — Place 3 Dr. Tim Barth — Place 4 David Whitson — Place 5 Scott Turnage — Place 6 Tim Welch — Place 7 Karen Bostic is the primary legislative contact for North Richland Hills N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. A.2 Discuss options for using the awarded Sustainable Development Project Grant funds from the North Central Texas Council of Governments (15 Minutes) Presenter: John Pitstick, Director of Planning & Development SUMMARY: City Staff is seeking direction from City Council regarding the $2.8 million Council of Governments Sustainable Development Grant awarded in 2009 for the extension of Snider Street. The sustainable development grant guidelines include the following requirements: • Designated mixed use zoning district; • 20% of the improvements funded by the City (COG= $2,545,000; City= $254,550); • Eligible public improvements include streets, signals, sidewalks and landscaping to stimulate and provide connectivity to new private mixed use developments. The Sustainable Development Grant was approved in 2009 as part of $40 million awarded throughout the Metroplex. The original submittal included new street construction with wide sidewalks and street trees and a new signal connecting Snider Street from Main Street to Northeast Parkway. At the time the grant was awarded the proposed private mixed use development component included 216 multifamily units and 30,000 square feet of office, restaurant and retail space. Unfortunately this proposal has been withdrawn by the developer. Without a development planned to meet the requirements of the grant the City is in danger of losing the grant funding. Staff is seeking direction from Council in how to proceed. (Please see below illustration) �\ t ■ � \\ BACKGROUND: The TOD Code was originally adopted just prior to the initial COG Sustainable Development Grant as part of the grant requirements. The City has since purchased approximately 14 acres surrounding the proposed Snider Street extension in an effort to encourage development in the Smithfield TOD area. Economic Development staff has worked with several potential developers to build a sustainable mixed use project in the Smithfield area, but support and financing has been difficult with the requirement of vertical mixed uses (first floor commercial with 2nd and 3rd floor apartments). Developers are supportive of building multistory multifamily but do not want to leave first floor spaces vacant waiting on commercial uses. In an effort to address concerns over the vertical mixed use issue the TOD Code was updated in 2013 to provide more flexibility with the requirement for built -to- commercial standards for first floor construction but the ability to allow first floor residential occupancy in the TOD Core Character Zone. This code change allowing for first floor residential occupancy has not been proactively marketed and promoted with the development community. The reasons are twofold: an expectation that commercial (retail or office) will need to be part of the development, and the desire to sequence the development with the TEXRail Smithfield station to maximize the use, utility and value of the land. Because of this, staff has had discussions with Council of Governments staff regarding eligibility requirements. According to COG Staff, the initial proposal of 216 multifamily units and 30,000 square feet of commercial space can be reduced and the vertical mixed use requirement is not required as long as there are mixed use components (both residential and commercial) that can be connected with public improvements. COG staff is now requesting a grant submittal update from the City of North Richland Hills to clarify eligibility and proposed timing of the sustainable development grant public improvements. This COG project is currently under the 2014 TIP Development Funds. CITY COUNCIL DIRECTION: Option 9: Continue with Snider Street; aggressively seek multifamily developer Continue with the current Snider Street grant improvements. At this point staff has received support in the Smithfield area from a local developer to build a 2 -story commercial building on the north side of Main Street closer to Smithfield Road. This commercial development could be counted as a commercial component, but a multifamily developer would have to agree to building adjacent to the Snider Street extension to provide the residential component. Most likely the residential component would be apartments with no first floor commercial as was originally proposed. Option 2: Revise the COG Grant to Apply to Main Street In addition to the proposed commercial development on the north side of Main Street near Smithfield Road, a new townhomelduplex development by Innovation Home Builders has recently been approved at Main Street and Villa Point Drive east of Davis Boulevard. COG staff has said that these two developments could provide the required mixed use components for the COG grant. Full street reconstruction of Main Street would not be allowed under the grant, but retrofitting Main Street with the addition of sidewalks, street trees, bike racks, on- street parking and other streetscape improvements would be permitted. To move forward with this scenario staff would have to revise the COG grant to connect these two developments. This option would have all of the grant money going into improvements along Main Street and extending across Davis to connect the residential component. No grant funds would be applied to the construction of Snider Street. The below map shows the area of all options, including both Main Street Retrofit and Snider Street Expansion. The grant money can be spent in any of this area, so long as it meets the grant criteria of connecting uses with pedestrian -scale improvements consistent with the TOD Code. City Council questions: 9. Is City Council supportive of continuing the COG Sustainable Development Grant scope for new street construction of Snider Street extension by actively seeking multifamily development adiacent to the Snider Street extension connecting to proposed Main Street commercial development? W 2. Is City Council supportive of revising the COG Sustainable Development Grant scope to include retrofitting Main Street to provide street and sidewalk connectivity between proposed developments on Main Street between Smithfield Road and Villa Point Drive? N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 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 N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of City Property (Mineral Leases) Presenter: Karen Bostic, Assistant City Manager N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. B.2 Executive Session: Pursuant to Section 551.087 Texas Government Code Regarding Economic Development Incentives in Southern Sector of City. Presenter: Craig Hulse, Economic Development Director N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. C.0 Adjournment City of North Richland Hills Regular Session City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, February 10, 2014 7:00 P.M. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Lombard A.2 Pledge - Councilman Lombard A.3 Special Presentation(s) and Recognition(s) — Proclamation Recognizing National Engineers Week presented by Councilman Welch 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 January 27, 2014 City Council Meetinq B.2 Rescheduling the March 10, 2014 City Council Meeting to March 3, 2014 and the May 26, 2014 City Council Meeting to May 19, 2014 B.3 Approve the Dedication of a Permanent Electrical Easement located at 7301 Iron Horse Boulevard to Oncor for new Animal Shelter C.0 PUBLIC HEARINGS C.1 TR 2013 -07 Public Hearing and Consideration of amendments to Article IV of the City's Zoning Ordinance for the establishment of a new "Freeway Corridor Overlay District" along Northeast Loop 820 and State Highway 1211183 (Airport Freeway) and Section 118 -631 Table of Permitted Uses - Ordinance No. 3291 C.2 TR 2014 -01 Consideration of an ordinance amending Article III, Chapter 114 of the North Richland Hills Code of Ordinances (Landscaping and Buffering Regulations); creating regulations for a Freeway Corridor Overlay District - Ordinance No. 3292 C.3 ZC 2014 -02 Public Hearing and Consideration of a request from The City of North Richland Hills for a Zoning Change from 1 -2 Medium Industrial to C -2 Commercial on Lot 2R, Block 5, Industrial Park Addition located at 5757 Rufe Snow Dr. - Ordinance No. 3295 C.4 ZC 2014 -03 Public Hearing and Consideration of a request from The City of North Richland Hills for a Zoning Change from 1 -2 Medium Industrial to C -2 Commercial on Lots 3A, 3B and 4A, NRH Industrial Park Addition located at 5700 and 5710 Rufe Snow Dr and 6700 Iron Horse Blvd. - Ordinance No. 3296 C.5 SUP 2014 -01 Public Hearing and Consideration of a request from The City of North Richland Hills for a Special Use Permit for an Auto Rental business on Lot 3A, NRH Industrial Park Addition located at 5700 Rufe Snow Dr. - Ordinance No. 3297 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS No items for this category. C.0 EXECUTIVE SESSION ITEMS C.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Whitson H.2 Adjournment 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. A.0 Call to Order - Mayor Trevino 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. A.1 Invocation -Councilman Lombard 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. A.2 Pledge - Councilman Lombard 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 02 -10 -2014 Subject: Agenda Item No. A.3 Special Presentation(s) and Recognition(s) - Proclamation Recognizing National Engineers Week presented by Councilman Welch IqRH CITY OF NORTH RICHLAND HILLS PROCLAMATION WHEREAS, February 16th through February 22nd has been designated as National Engineers Week; and WHEREAS, National Engineers Week, founded in 1951 by the National Society of Professional Engineers, is always celebrated at the time of George Washington's Birthday because he was our first president and an engineer; and WHEREAS, the purpose of National Engineers Week is to increase public awareness and appreciation of the engineering profession; and WHEREAS, the important efforts of engineers help drive our economy, protect our environment, ensure public safety and enhance the nation's quality of life; and WHEREAS, the Engineers of the State of Texas will actively help to maintain and sustain the vital infrastructure of our state and nation, and WHEREAS, Engineers help America remain at the forefront of technological development and contribute to countless breakthroughs that improve the quality of life for people throughout the world. NOW, THEREFORE, I, Oscar Trevino, Mayor of the City of North Richland Hills, Texas do hereby proclaim February 16 - 22, 2014 as: "NATIONAL ENGINEERS WEEK" in the City of North Richland Hills and urge all citizens and civic organizations to acquaint themselves with the wide range of items which involve engineering and to recognize the contributions which engineers make every day to our health, safety, comfort and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Richland Hills to be affixed this the 10th day of February 2014. Oscar Trevino, Mayor 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 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. 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. A.5 Removal of Item(s) from the Consent Agenda 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 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. 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. B.1 Approval of Minutes of January 27, 2014 City Council Meeting Presenter: Patricia Hutson, City Secretary Recommendation: To approve the minutes of the January 27, 2014 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 — JANUARY 27, 2014 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 27th day of January 2014 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Tito Rodriguez Rita Wright Oujesky Tom Lombard Tim Barth David Whitson Scott T urn age Tim Welch Staff Members: Mark Hindman Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson George Staples Kristin James John Pitstick Larry Koonce Mark Mills Stan Tinney Craig Hulse Mike Hamlin Mike Young Kyle McAfee Jimmy Cates Greg VanNieuwenhuize Jason Moore Bill Thornton Caroline Waggoner Jerry Lewandowski Clayton Comstock Dave Pendley Mayor Mayor Pro Tem, 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 Director of Public Safety Managing Director Managing Director City Secretary City Attorney Assistant to City Manager Director of Planning & Development Finance Director Budget Director Fire Chief Economic Development Director Assistant Police Chief Assistant Police Chief Assistant Fire Chief Operations Manager — Public Works Engineer Management Assistant— Public Works Assistant Parks Director Assistant Director /Engineering Purchasing Manager Senior Planner Building Official fall to (-)rrlar Mayor Trevino called the work session to order at 6:00 p.m. A.0 Discuss Items from Reaular Citv Council Meetin There were no questions from the Council. A.1 Discuss Rescheduling the March 10 and May 26, 2014 City Council Meetings The City Secretary advised that the March 10 meeting will need to be rescheduled due to several council members having a conflict with the meeting. The consensus of the Council was to reschedule the meeting to March 3. Council was advised the May 26 meeting will need to be rescheduled due to the Memorial Day Holiday. Council was advised that they will need to meet on May 19 for the canvass of the election and the City Secretary recommended that the May 26 meeting be rescheduled to May 19. The consensus of the Council was to reschedule the May 26 meeting to May 19. An item will be placed on the next agenda for Council to take formal action on the rescheduling of the two meetings. A.2 Quarterly Financial Status Report Mark Mills, Director of Budget, presented a PowerPoint presentation giving a brief overview of the City's quarterly financial status for the first quarter of the fiscal year. Information was presented on the General Fund, Parks Development Fund, Crime Control District Fund and the Utility Fund. Mr. Mills highlighted the revenues and expenditures to date in relation to expectations. Council was advised that they will be provided with a detailed electronic copy of the report. There were no questions from the Council. 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 Lease of City Property (Mineral Leases) B.2 Executive Session: Pursuant to Section 551.071 Texas Government Code to confer with attorney to seek advice about pending or contemplated litigation - Rufe Snow Drive Project eminent domain Mayor Trevino announced at 6:12 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following sections: 1) Section 551.072 to deliberate the lease of city property for mineral lease and 2) to confer with attorney.to seek advice about pending or contemplated litigation — Rufe Snow Drive eminent domain. C.0 Adjournment Mayor Trevino announced at 6:19 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 January 27, 2014 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Tito Rodriguez Rita Wright Oujesky Tom Lombard Tim Barth David Whitson Scott T urn age Tim Welch Staff: Mark Hindman Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson George Staples Mayor Mayor Pro Tem, 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 Director of Public Safety Managing Director Managing Director City Secretary Attorney A.1 INVOCATION Councilwoman Wright Oujesky gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Wright Oujesky led the pledge of allegiance assisted by Anthony Cooper from Boy Scout Troop 220 A.3 SPECIAL PRESENTATION AND RECOGNITION(S) No items for this category. or* MI T or* MI T A.4 CITIZENS PRESENTATION A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JANUARY 13, 2014 CITY COUNCIL MEETING B.2 CONTRACT EXTENSION WITH ADPI- INTERMEDIX FOR THE BILLING AND COLLECTION OF EMS B.3 RELEASE OF COVENANTS, CONDITIONS AND RESTRICTIONS FROM LOT 5, BLOCK 1 THOMPSON PARK ESTATES ADDITION B.4 AWARD OF RFB NO. 14 -004 FOR ANNUAL PURCHASING CONTRACT FOR POTABLE WATER AND SANITARY SEWER SUPPLIES FOR PUBLIC WORKS OPERATIONS IN AN AMOUNT NOT TO EXCEED $367,755 B.5 AWARD BUYBOARD CONTRACT #423 -13 - PLAYGROUND EQUIPMENT FOR ADVENTURE WORLD PLAYGROUND TO RECREATION CONSULTANTS OF TEXAS IN THE AMOUNT OF $381,530 B.6 AWARD CONTRACT FOR RFP # 14 -006 FOR GENERAL SITE WORK AT ADVENTURE WORLD PLAYGROUND TO TEXPRO SERVICES IN THE AMOUNT OF $157,814 COUNCILMAN LOMBARD MOVED TD APPROVE THE CONSENT AGENDA. MAYOR PRO TEM RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.0 PUBLIC HEARINGS CA ZC 2013 -25 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SANDLIN HOMES FOR A ZONING CHANGE FROM 1 -2 MEDIUM INDUSTRIAL TO R- PD RESIDENTIAL PLANNED DEVELOPMENT ON TRACTS 4B, 5R1 B AND A PORTION OF LOT 4131, NRH INDUSTRIAL PARK ADDITION BEING 51.705 ACRES LOCATED IN THE 6800 -7000 BLOCK OF IRON HORSE BLVD. - ORDINANCE NO. 3293 APPROVED Councilman Welch left the Council Meeting at T-04 p.m. Mayor Trevino announced Councilman Welch is the engineer of record for the project and will be abstaining from discussion and voting on Items CA and C.2. An affidavit of disqualification has been completed by Councilman Welch and filed with the City Secretary stating the nature of the interest is he is engineer of record for the project. Mayor Trevino opened the public hearing and called on the applicant to come forward. Mr. Scott Sandlin, applicant, requested approval of a zoning change from 1 -2 Industrial to R -PD Residential Planned Development on 51.7 acres located in the 7000 block of Iron Horse Boulevard. Mr. Sandlin presented a PowerPoint presentation showing the development plan for the proposed Cambridge Development. Mr. Sandlin discussed the zoning of the surrounding properties, the development's adjacency to Prestige Ameritech, and the adjacency of the 40 lots that will back directly to the future TEXRail line and the Cottonbelt Trail. Mr. Sandlin reviewed the layout of the development discussing the fencing, streetscapes, and the three phases of the development. Phase 1, Villages, will consist of 77 lots with an R -3 based district with a minimum of 1,800 square feet homes. Proposed for Phase II, Place, are 60 lots with an R -3 base district with a maximum of 15 1,800 square feet homes and the remainder a minimum of 2,000 square feet. Mr. Sandlin advised that after the Planning and Zoning meeting, they agreed to a compromise and the plan will be amended to a maximum of 10 1,800 square feet homes. Phase III, Estates, will consist of 55 lots with an R -2 base district with a minimum of 2,000 square feet homes. Mr. Sandlin presented elevation examples for each of the three phases and discussed the value of the homes. Mr. Sandlin addressed the issues raised at the Planning and Zoning meeting. Mr. Sandlin advised the homes adjacent to the rail were further away from the rail than homes in other cities that are adjacent to a rail and the Cambridge homes will have enhanced soundproofing. The Planning and Zoning Commission recommended the Place and Village have no more than 50% homes a minimum of 1,800 square feet. Mr. Sandlin advised they have accepted the Planning and Zoning Commission's recommendation on the east portion of the Villages and have compromised on the Place for no more than 10 lots at 1,800 square feet. Mr. Sandlin addressed Prestige Ameritech's inability to expand beyond its current property lines. Mr. Sandlin advised Prestige Ameritech is already landlocked by Iron Horse Boulevard and a gas pipeline to the west. Prestige Ameritech currently has space on its current location for building and parking expansion. The recommendation from Planning & Zoning for a 6 foot masonry wall between Prestige Ameritech and the Place will not match the existing wall. Mr. Sandlin is proposing instead an 8 -foot cedar board on board. There were several questions from the Council regarding fencing of the homes backing up to the Cottonbelt Trail on the far north side of the property and on the far south side where the property backs up to the duplex homes, the possible removal of the existing older privacy fences, whether consideration had been given to any rear entry garages and the number of front entry garages in each of the phases. Mr. Sandlin was asked to provide his position on the Planning and Zoning Commission's recommendation for finding a solution to the intersection of Iron Horse Boulevard and Liberty Way before approval of the final plat and his position on the Commission's recommendation for the Place having an R -2 based district with a minimum of 2,000 square feet homes. Clayton Comstock Senior Planner, presented Staff's report highlighting the technicalities of the request and the recommendation of the Planning and Zoning Commission. The Planning and Zoning Commission was unable to come to a conclusion at their January 16 meeting and on January 21 voted 4 -1 to recommend approval subject to 1) The Place having an R -2 base district with all units being a minimum of 2,000 square feet; 2) 50% of the homes on Street F in the Villages being a minimum of 2,000 square feet; 3) a six -foot masonry wall being provided between Prestige Ameritech and the eastern edge of the "Place" phase; and 4) A solution to the intersection of Iron Horse Boulevard and Liberty Way being worked out prior to final plat approval. Mayor Trevino called for comments in favor of the request. There being no one wishing to speak, Mayor Trevino advised that Council had received a few letters in their agenda packet supporting the request. Mayor Trevino called for comments in opposition to the request. Mr. Mike Bowen, Vice President of Prestige Ameritech, spoke in opposition to the request discussing the growth of Prestige Ameritech and the need to expand outside of their current property boundaries. Mr. Dan Reese, representing Prestige Ameritech, spoke in opposition to the request citing their need to expand and their desire to stay in the city at their current location. There being on one else wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN LOMBARD MOVED To APPROVE ORDINANCE No. 3293, ZC 2013 -25, ZONING CHANGE FROM 1 -2 INDUSTRIAL To R -PD RESIDENTIAL PLANNED DEVELOPMENT AND ITS ASSOCIATED COMPREHENSIVE LAND USE PLAN CHANGE FROM "COMMERCIAL" AND "NEIGHBORHOOD SERVICES" TO "Low DENSITY RESIDENTIAL" WITH PLANNING AND ZONING COMMISSION RECOMMENDATIONS NUMBER 2 AND NUMBER 4 THOSE BEING 50% OF THE HOMES ON STREET F IN THE VILLAGES BEING A MINIMUM OF 2,000 SQUARE FEET AND A SOLUTION TO THE INTERSECTION OF IRON HORSE BOULEVARD AND LIBERTY WAY BEING WORKED OUT PRIOR To FINAL PLAT APPROVAL. MAYOR PRO TEM RODRIGUEZ SECONDED THE MOTION. AFTER COUNCIL COMMENTS, COUNCILMAN TURNAGE REQUESTED THE MOTION BE AMENDED TO INCLUDE THE SIX -FOOT MASONRY WALL BETWEEN PRESTIGE AMERITECH AND THE EASTERN EDGE OF THE "PLACE" PHASE. COUNCILMAN LOMBARD AND MAYOR PRO TEM RODRIGUEZ ACCEPTED THE AMENDMENT. COUNCILMAN WRIGHT OUJESKY ASKED THE MOTION BE AMENDED TO REQUIRE AN 8 FOOT MASONRY FENCE ON THE LOTS THAT BACK UP TO THE RAIL. THE REQUEST FOR THE AMENDMENT WAS NOT ACCEPTED. MOTION TO APPROVE CARRIED 6 -0 -1; MAYOR PRO TEM WELCH ABSTAINING. C.2 ZC 2013 -24 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SANDLIN HOMES FOR A ZONING CHANGE FROM 1 -2 MEDIUM INDUSTRIAL TO O- 1 OFFICE ON A PORTION OF TRACT 4131, NRH INDUSTRIAL PARK ADDITION BEING 5.010 ACRES LOCATED IN THE 6700 BLOCK OF IRON HORSE BLVD. - ORDINANCE NO. 3294 ❑ PPRC]VPn Councilman Welch is the engineer of record for the project and abstained from discussion and voting on Items CA and C.2. An affidavit of disqualification has been completed by Councilman Welch and filed with the City Secretary stating the nature of the interest is he is engineer of record for the project. Mayor Trevino opened the public hearing and called on the applicant to come forward. Mr. Scott Sandlin, applicant, requested approval of a zoning change to 0-1 Office on a smaller piece of land adjacent to the proposed Cambridge Development. The applicant does not have any current development plans for the property. The current 1 -2 Medium Industrial zoning is incompatible with most of the existing uses in the area and Mr. Sandlin submitted the request concurrently with the above residential zoning change request. Clayton Comstock, Senior Planner presented Staff's report and the Planning and Zoning Commission's recommendation of approval. Mayor Trevino called for comments in favor or opposition to the request. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN TURNAGE MOVED TD APPROVE ORDINANCE No. 3294, ZC 2013 -24. COUNCILWOMAN WRIGHT ❑UJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0 -1; COUNCILMAN WELCH ABSTAINING. AT THE CONCLUSION OF ITEMS C. I AND C.2, COUNCILMAN WELCH RETURNED To THE COUNCIL DAIS AT 8:14 P.m. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 APPROVE AN AFFIDAVIT, A UTILITY JOINT USE ACKNOWLEDGEMENT REIMBURSABLE UTILITY ADJUSTMENT AND A QUITCLAIM DEED TO THE STATE OF TEXAS FOR THE CITY'S EASEMENTS ON THE NORTH SIDE OF LOOP 820, WEST OF RUFF SNOW DRIVE AS PART OF ABBREVIATED UTILITY ASSEMBLY #820 -U- 0508 -0004 FOR THE NORTH TARRANT EXPRESS PROJECT ❑ PPRnvPn Greg VanNieuwenhuize, Engineer presented the item. Council is being asked to approve the necessary documents to allow a portion of the City's public utility infrastructure to remain in place within the Loop 820 right -of -way. Almost all of the City's utility infrastructure that needs to be relocated or added to for the North Tarrant Express Project (NTE) has been constructed. Some of the City's infrastructure that is now within the right -of -way of the NT project did not need to be relocated because the infrastructure is not under future pavement. The State is requesting the utility owner to approve the appropriate Abbreviated Utility Assembly (AUA). The AUA includes the following documents for the City to approve and execute: 1) a letter from the City indicating that the City concurs with allowing the City's infrastructure to remain in its present location; 2) an affidavit indicating that the City is the rightful "owner" of both the infrastructure and the easement within the expanded ROW; 3) A Utility Joint Use Acknowledgement Reimbursable Utility Adjustment which allows the utilities to exist within TxDOT's right -of -way and allows the City to access such utilities; and 4) A Quitclaim Deed which is the document whereby the City will quitclaim any rights it has to the portion of easement within the expanded ROW in exchange for compensation in the amount of $268,572.50. COUNCILMAN WELCH MOVED TD APPROVE THE AFFIDAVIT, THE UTILITY JOINT USE ACKNOWLEDGEMENT REIMBURSABLE UTILITY ADJUSTMENT AND THE QUITCLAIM DEED TO THE STATE OF TEXAS FOR THE CITY'S EASEMENTS ON THE NORTH SIDE OF LOOP 820, WEST OF RUFE SNOW DRIVE AS PART OF ABBREVIATED UTILITY ASSEMBLY ##820 -U- 0508 -0004 FOR THE NORTH TARRANT EXPRESS PROJECT. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.2 AWARD OF PROJECT RFB NO. 14 -008 TO NORTH TEXAS CONTRACTING IN THE AMOUNT OF $507,500.00 FOR THE CONSTRUCTION OF THE NORTH TARRANT PARKWAY MEDIAN IMPROVEMENTS PROJECT (ST1306) ❑ PPRnvPn Ms. Caroline Waggoner, Assistant Director /Engineering, presented the item. Council is being asked to award a construction contract for the North Tarrant Parkway Median Improvements project. The project consists of median modifications to the existing raised and landscaped North Tarrant Parkway median between Davis Boulevard and Precinct Line Road. A new opening will be created in the existing median for access to the new development on the south side of North Tarrant Parkway across from an existing driveway on the Wal -Mart property and a new signal will be installed providing for signalized access to both the existing Wal -Mart parking lot and the new development to the south. The project is set up with a base bid and two alternates. The two alternates were developed in cooperation with the Parks Department to provide for the relocation of 39 existing trees in the construction area. The construction funding ($500,000) available for the project is lower than the bid amount with both alternates ($507,500). Staff is recommending award of the contract to North Texas Contracting in the amount of $507,500 and to transfer $7,500 from the Parks Fund to offset the increase cost with the approval of a budget revision of $7,500 to the Capital Project Budget. COUNCILWOMAN WRIGHT ❑UJESKY MOVED To APPROVE THE BUDGET REVISION TO THE FY 2013 -2014 CAPITAL PROJECT BUDGET; APPROVE RFB No. 14 -008 To NORTH TEXAS CONTRACTING IN THE AMOUNT OF $507,500 FOR THE CONSTRUCTION OF THE NORTH TARRANT PARKWAY MEDIAN IMPROVEMENTS (ST1306) AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH AGREEMENT. MAYOR PRO TEM RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.0 GENERAL ITEMS F.1 CONSIDERATION OF THE USE OF EMINENT DOMAIN TO ACQUIRE PROPERTY FOR A PUBLIC USE, SUCH BEING A RIGHT OF WAY FOR WIDENING RUFF SNOW DRIVE - RESOLUTION NO. 2014 -002 APPROVED George Staples, City Attorney, presented the item. Council is being asked to authorize eminent domain for the acquisition of five parcels needed for the Rufe Snow widening project. Right -of -way acquisition for the project began in 2012 for approximately 40 parcels. There are five remaining property owners whose land has not been acquired for the widening project. For one of the properties, it was discovered before the official condemnation hearing that the survey was incorrect and therefore a resolution with the new description needs to be approved. To follow all statutory prerequisites, the City Attorney recommends that a motion on this item state that eminent domain is being authorized for a stated public purpose and also to describe the property being acquired in detail sufficient for a deed: COUNCILMAN LOMBARD MOVED THAT THE CITY OF NORTH RICHLAND HILLS PASS RESOLUTION No. 2014 -002 AND AUTHORIZE THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE FOR PUBLIC ROADWAY PURPOSES, A PUBLIC USE, PROPERTY KNOWN AND DESCRIBED AS FOLLOWS: A .028 ACRE PARCEL ALONG THE EAST SIDE OF LOT 26R2, BLOCK 3, SINGING HILLS ADDITION TO THE CITY OF WATAUGA, TARRANT COUNTY, TEXAS, WITH THE EAST BOUNDARY BEING DEFINED BY THE EXISTING WEST RIGHT -OF -WAY LINE OF RUFF SNOW DRIVE, BEING 11.25 FEET WIDE AT THE NORTH END AND 12.43 FEET WIDE AT THE SOUTH ALONG WITH AN ADJACENT TEMPORARY CONSTRUCTION AND ACCESS EASEMENT IMMEDIATELY WEST OF THE .028 ACRE PARCEL BEING ACQUIRED, BEING 3.62 FEET WIDE AT THE SOUTH END AND WIDENING TO 12 FEET WIDE AT A POINT 63.85 FEET NORTH OF SUCH SOUTH END. A .020 ACRE PARCEL ALONG THE EAST SIDE OF LOT 27, BLOCK 3, SINGING HILLS ADDITION TO THE CITY OF WATAUGA, TARRANT COUNTY, TEXAS BEING 11.25 FEET WIDE AT THE SOUTH END AND 3.52 FEET WIDE AT THE NORTH END WITH THE EAST BOUNDARY BEING DEFINED BY THE EXISTING WEST RIGHT -OF -WAY LINE OF RUFE SNOW DRIVE AND THE WEST BOUNDARY BEING DEFINED AS FOLLOWS, BEGINNING AT ITS SOUTHWEST CORNER, THENCE NORTH 00 DEGREES 00 MINUTES 02 SECONDS EAST 7.81 FEET, THENCE NORTH 13030 MINUTES 37 SECONDS EAST 42.91 FEET, THENCE NORTH 000 02 MINUTES 02 SECONDS EAST 30.74 FEET, THENCE WITH A CURVE TO THE RIGHT AN ARC LENGTH OF 64.76 FEET TO THE NORTH WEST CORNER OF THIS PARCEL; TOGETHER WITH A TEMPORARY CONSTRUCTION AND ACCESS EASEMENT 5 FEET WIDE ALONG THE WEST SIDE OF THE ABOVE DESCRIBED LAND WIDENING TO 21.39 FEET WIDE AT 11.29 FEET SOUTH OF THE NORTH END OF SUCH LOT 27. A.038 ACRE PARCEL ALONG THE EAST SIDE OF TRACT B, BLOCK 3, SUMMER HILLS ADDITION TO THE CITY OF WATAUGA, TARRANT COUNTY, TEXAS BEING 9.70 FEET WIDE, STARTING AT THE NORTH END OF SAID TRACT UNTIL REACHING A POINT 125.74 FEET SOUTH OF SAID NORTH END AND WIDENING TO 30.36 FEET WIDE AT THE SOUTH END OF SAID TRACT, ALONG HIGHTOWER DRIVE; TOGETHER WITH A TEMPORARY CONSTRUCTION AND ACCESS EASEMENT LOCATED IMMEDIATELY WEST AND ADJACENT TO SUCH LAND DESCRIBED ABOVE, BEING 10 FEET WIDE AT THE NORTH END OF SUCH TRACT B AND REDUCING TO 5 FEET WIDE AT A POINT 50.53 FEET SOUTH OF SUCH NORTH END. A .056 ACRE TRACT ALONG THE WEST SIDE OF LOT 4, BLOCK 1, NORTHPARK PLAZA, PHASE 2 ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS BEING 25.95 FEET WIDE AT THE NORTH END AND 26.22 FEET WIDE AT THE SOUTH END TOGETHER WITH A FIVE FOOT WIDE TEMPORARY ACCESS AND CONSTRUCTION EASEMENT IMMEDIATELY EAST OF THE PARCEL BEING ACQUIRED. A .059 ACRE PARCEL ALONG THE WEST SIDE OF LOT 2 -R, BLOCK 1, NORTHPARK PLAZA ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, THE EAST LINE OF WHICH IS DEFINED BY A LINE STARTING AT A POINT IN THE NORTH LINE 12.21 FEET EAST OF RUFE SNOW DRIVE, THENCE SOUTH 000 02 MINUTES 02 SECONDS WEST A DISTANCE OF 177.78 FEET, THENCE SOUTH 45 ° 03 MINUTES 55 SECONDS EAST TO THE NORTH ROW LINE OF WATAUGA ROAD; TOGETHER WITH A .027 ACRE TEMPORARY CONSTRUCTION AND ACCESS EASEMENT IMMEDIATELY EAST OF THE PARCEL DESCRIBED ABOVE BEING 5 FEET WIDE AT THE NORTH END WIDENING TO 11.5 FEET WIDE AT A POINT 144.10 FEET SOUTH OF SUCH NORTH END. A .041 AND .020 ACRE PARCEL OF LAND ALONG THE WEST SIDE OF LOT 1 -R, BLOCK 1, NORTHPARK PLAZA ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, THE FIRST PARCEL EXTENDING 136.97 FEET FROM THE SOUTH PROPERTY LINE AND BEING 12.21 FEET WIDE AT THE SOUTH END AND 12.25 FEET AT THE NORTH END; AND THE .020 ACRE PARCEL HAVING AN EAST BOUNDARY BEING DEFINED AS FOLLOWS, BEGINNING IN THE NORTH LINE OF LOT 1 -R, 26.30 FEET EAST OF THE EXISTING RUFE SNOW DRIVE, THENCE SOUTHERLY WITH A CURVE TO THE RIGHT AN ARC LENGTH OF 46.12 FEET, SAID PARCEL BEING 17.66 FEET WIDE ON THE SOUTH END; TOGETHER WITH TEMPORARY CONSTRUCTION AND ACCESS EASEMENTS ALONG THE EAST SIDE OF THE PARCELS BEING ACQUIRED, SUCH EASEMENTS BEING A .026 ACRE PARCEL EXTENDING NORTH FROM THE SOUTH PROPERTY LINE 16 FEET WIDE AT THE SOUTH END AND REDUCING To 5 FEET WIDE AT A POINT 37.86 FEET NORTH OF SAID SOUTH PROPERTY LINE, ALONG WITH A .015 ACRE PARCEL WITH AN EAST BOUNDARY DEFINED AS FOLLOWS, BEGINNING IN THE NORTH LINE OF LOT 1 -R, 31.29 FEET EAST OF ITS NORTHWEST CORNER, THENCE SOUTH 01 DEGREES 32 MINUTES 42 SECONDS WEST, 3.93 FEET, THENCE SOUTH 88 DEGREES 42 MINUTES 14 SECONDS EAST, 10.07 FEET, THENCE WITH A CURVE TO THE RIGHT AN ARC LENGTH OF 41.98 FEET, SAID PARCEL BEING 5 FEET WIDE ON THE NORTH END AND 15.02 FEET WIDE ON THE SOUTH END. A .026 ACRE PARCEL ALONG THE WEST SIDE OF LOT 1, BLOCK A, RUFE SNOW VILLAGE ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS BEING 3.87 FEET WIDE AT THE SOUTH END AND 4.30 FEET WIDE AT THE NORTH END TOGETHER WITH TEMPORARY ACCESS AND CONSTRUCTION EASEMENTS OF .038 AND .006 ACRES; THE .038 ACRE EASEMENT BEING IMMEDIATELY EAST OF THE PARCEL BEING ACQUIRED WITH THE EAST BOUNDARY BEING DEFINED AS FOLLOWS, BEGINNING IN THE SOUTH PROPERTY LINE 12.86 FEET EAST OF THE EXISTING RUFE SNOW DRIVE, THENCE NORTH PARALLEL WITH THE RUFE SNOW ROW 32.98 FEET; THENCE WEST 4 FEET, THENCE NORTH PARALLEL WITH THE RUFE SNOW ROW 188.00 FEET, THENCE EAST 4 FEET, THENCE NORTH PARALLEL WITH THE RUFE SNOW ROW 40 FEET, THENCE WEST 4 FEET, THENCE NORTH PARALLEL WITH THE RUFE SNOW ROW 15.39 TO THE NORTH PROPERTY LINE; THE .006 ACRE EASEMENT BEING OUT OF THE NORTH WEST CORNER OF LOT 4R, BLOCK A, RUFE SNOW VILLAGE ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS AND EXTENDING SOUTH FROM SUCH NORTHWEST CORNER 23.32 FEET BEING 11.55 FEET WIDE AT THE NORTH END AND 12.38 FEET WIDE AT THE SOUTH. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.2 CALLING MAY 10, 2014 CITY COUNCIL ELECTION AND AUTHORIZING A JOINT ELECTION AGREEMENT WITH OTHER TARRANT COUNTY POLITICAL SUBDIVISIONS AND CONTRACT FOR ELECTION SERVICES WITH TARRANT COUNTY - RESOLUTION NO. 2014 -003 APPROVED Patricia Hutson, City Secretary presented the item. Council is being asked to approve Resolution No. 2014 -003, which will order the City's General Election of Officials and authorize the City to hold its election jointly with other Tarrant County entities and to contract with Tarrant County Elections to administer the joint election. The purpose of the election is to elect individuals to the offices of Mayor and Council Places 2, 4 and 6. The resolution establishes early voting and election day voting locations, provides for the appointment of election officials and for early voting and election day procedures. The city received notice from Tarrant County Elections of one new voting precinct after the resolution was prepared. The resolution has been revised to include Precinct No. 4399 and the voters in the precinct are assigned to the Dan Echols Election Day voting location. The resolution also sets the date for a run -off election, if needed. MAYOR PRO TEM RODRIGUEZ MOVED To APPROVE RESOLUTION No. 2014 -003. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.3 APPROVE CONTRACT WITH INTEGRATED FORENSIC LABORATORIES FOR FORENSIC LABORATORY SERVICES ❑ PPRC]VPn Mike Hamlin, Assistant Police Chief, presented the item. The item is to consider the award of the annual contract for forensic laboratory services to Integrated Forensic Laboratories (IFL). The contract will be for a period to expire September 30, 2014 with the option of continuing services with IFL for two additional years, in one -year increments subject to pricing agreements and approval. COUNCILMAN TURNAGE MOVED To APPROVE THE CONTRACT WITH INTEGRATED FORENSIC LABORATORIES FOR FORENSIC LABORATORY SERVICES. COUNCILWOMAN WRIGHT ❑UJESKY 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 EXECUTIVE SESSION ITEM B.1 LEASE OF CITY PROPERTY (MINERAL LEASES) ❑ PPRnvPn Karen Bostic presented Executive Session Item B.1. The item is to authorize the City Manager to enter into a gas lease agreement for a three -year period with Chesapeake on 1 8.508 acres located at 7204 Dick Fisher Drive North. MAYOR PRO TEM RODRIGUEZ MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN OIL AND GAS LEASE FOR APPROXIMATELY 18.508 ACRES OF CITY PROPERTY LOCATED AT 7204 DICK FISHER DRIVE NORTH. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Mayor Pro Tem Rodriguez made the following announcements. The City of North Richland Hills will host its annual Daddy- Daughter Valentine Dance on Saturday, February 8th at the Grand Hall. The cost is $15 per person. Tickets are on sale at the NRH Centre. For more details, please call 817- 427 -6600. Volunteers from AARP will be at the North Richland Hills Public Library each Monday and Thursday from February 3rd through April 14th to assist people with their tax returns. Taxpayers of all ages are eligible for this free service. Appointments are required. To make an appointment or get more information, please call the Library at 817- 427 -6814. Kudos Korner —Wayne White of the Public Works Department. A resident who recently purchased a home in North Richland Hills e- mailed his thanks to the city, and to Wayne in particular, for providing excellent customer service. He noted that the water billing office provided "great walk up service" when he transferred his utilities and the Police Department twice knocked on his door early in the morning because he had left his garage open. He also really appreciated Wayne for expediting a sewer main repair. "The quick resolution, and the hard work and friendliness of your crew, makes me glad I landed in North Richland Hills," he said. "It is certainly the best city in Tarrant County," he added. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:42 p.m. Oscar Trevino — Mayor ►:rid =36 Patricia Hutson, City Secretary 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. B.2 Rescheduling the March 10, 2014 City Council Meeting to March 3, 2014 and the May 26, 2014 City Council Meeting to May 19, 2014 Presenter: Patricia Hutson, City Secretary Summary: The March 10 and May 26 City Council meetings need to be rescheduled because of conflicts. General Description: Several council members will not be in the City for the March 10 City Council meeting. In addition, the May 26 City Council meeting falls on the Memorial Day Holiday and city offices will be closed. Council discussed rescheduling these meetings during their January 27 work session meeting. The consensus of the Council was to reschedule the March 10 meeting to Monday, March 3 and the May 26 meeting to Monday, May 19. Recommendation: To reschedule the March 10, 2014 City Council meeting to March 3, 2014 and the May 26, 2014 City Council meeting to May 19, 2014. 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. B.3 Approve the Dedication of a Permanent Electrical Easement located at 7301 Iron Horse Boulevard to Oncor for new Animal Shelter Presenter: Jimmy Perdue, Public Safety Director Summary: The City Council is being requested to dedicate an easement for primary electric service to the new Animal Adoption and Rescue Center. General Description: The primary electrical service will be located in an easement off of Iron Horse Boulevard. This easement will house the primary electric service to the new Animal Adoption and Rescue Center. The City Attorney has reviewed the proposed easement instrument and has determined it to be acceptable. Recommendation Approve the Dedication of an Electric Easement Located within the new Animal Adoption and Rescue Center site. District: FIN North WR #: 3217583 ER #: EASEMENT AND RIGHT OF WAY THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § That The City of North Richland Hills, hereinafter called "Grantor," whether one or more, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202 -1234, hereinafter referred to as "Grantee ", has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, its successors and assigns, an easement and right -of -way for underground electric supply and communications lines, consisting of a variable number of wires and cables, surface mounted equipment, conduits, manholes, vaults, transformers, switches, protection, sectionalizing devices and all necessary or desirable appurtenances over, under, across and upon Grantor's land described as follows: SEE EXHIBIT "A" (ATTACHED) Grantor recognizes that the general course of said lines, or the metes and bounds as above described, is based on preliminary surveys only, and Grantor hereby agrees that the easement and right -of -way and its general dimensions hereby granted shall apply to the actual location of said lines when constructed. Together with the right of ingress and egress along and upon said easement and right -of -way and over and across Grantor's adjoining properties for the purpose of and with the right to construct, maintain, operate, repair, remove, replace, reconstruct, abandon in place, and to change the size and capacity of said facilities; the right to relocate said facilities in the same relative direction of said facilities; the right to relocate said facilities in the same relative position to any adjacent road if and as such road is widened in the future; the right to lease wire space for the purpose of permitting others to string or lay wire or cable along said facilities; the right to prevent excavation within the easement area; the right to prevent construction of, within the easement area, any and all buildings, structures or other obstructions which, in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, and/or convenient operation of said facilities and their appurtenances and the right to trim or remove trees or shrubbery within, but not limited to, said easement area, including by use of herbicides or other similar chemicals approved by the U.S. Environmental Protection Agency, to the extent in the sole judgment of Grantee, as may be necessary to prevent possible interference with the operation of said facilities or to remove possible hazard thereto. Grantor shall not make changes in grade, elevation or contour of the land or impound water within the easement area as described above without prior written consent of Grantee. Grantor reserves the right to use the land within the above described easement area for purposes not inconsistent with Grantee's use of such property, provided such use shall not, in the sole judgment of Grantee, interfere with the exercise by Grantee of the rights hereby granted. TO HAVE AND TO HOLD the above described easement and rights unto the said Grantee, its successors and assigns, until all of said lines shall be abandoned, and in that event said easement and right -of -way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or assigns; and it does hereby bind itself, its successors, legal representatives, and assigns, to warrant and forever defend all and singular the above described easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this day of )2014. The City of North Richland Hills STATE OF TEXAS § COUNTY OF § Mark Hindman, City Manager BEFORE ME, the undersigned authority, on this day personally appeared Mark Hindman, as the City Manager of The City of North Richland Hills, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and he is authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this , A. D. 2014. After recording, return to: Oncor Electric Delivery Company Land Records 115 W. 7th Street, Suite 1017 Ft. Worth, Texas 76102 day of Notary Public in and for the State of Texas Exhibit "A" ONCOR Electric Delivery Company Easement Being a tract of land situated in the John C. Yates Survey, Abstract No. 1753, City oaf f North Richland Hills, Tarrant County, Texas, and be a portion ref f Lot IR, Block 1, of the Civic Centre Addition, an Addition to Tarrant County, as originally recorded our a plat filed in Volume 388-199, Page 19 of the Plat Records of Tarrant County, Texas; being more particularly described as follows: COMMENCING at a V2 inch yellow capped iron rod (Landes & Assoc.) said iron being the northwest corner of Lot 2BR, Block 1, of the Antinone Addition as recorded in Cabinet A Slide 9515 Plat records, Tarrant County Texas, said iron also being in the south Right of Way line of Mid Cities Boulevard. THENCE, along the south right of way line, North 89 degrees 53 minutes 39 seconds East, 845.89 feet to the centerline of Iron Horse Boulevard, THENCE, along the centerline of Iron Horse Boulevard, South O�O degrees 06 minutes 34 seconds East, 507,06 feet to a point, THENCE South 89 degrees 53 minutes 26 seconds West, 34.00 feet to the POINT OF BEGINNING of an easement and being in the west right of way line of Iron Horse Boulevard, THENCE South 66 degrees 56 minutes 56 seconds West, 11.24 feet, THENCE North 90 degrees 00 minutes OHO seconds West, 257.92 feet, THENCE North 00 degrees 00 minutes 00 seconds East, 58.89 feet, THENCE North 90 degrees 00 minutes OO seconds West, 2.50 feet, THENCE North 00 degrees 00 minutes 00 seconds East, 15.00 feet, THENCE North 90 degrees OHO minutes 00 seconds East, 15.00 feet, THENCE South OO degrees 00 minutes 00 seconds East, 15.00 feet, THENCE North 90 degrees 00 minutes 00 seconds West, 2.50 feet, THENCE South 00 degrees O�O minutes 00 seconds East, 48.89 feet, THENCE North 90 degrees 00 minutes 00 seconds East, 245.88 feet, THENCE North 66 degrees 56 minutes 56 seconds East, 13.43 feet to the west right of way line of Iron Horse Boulevard, THENCE, along the right of way line, South O�O degrees 06 minutes 34 seconds East!, 10,86 feet to the POINT OF BEGINNING and containing 3406.23 square feet or 0.0782 acres of land, more or less. Pagel of 1) Bearings are referenced to the Texas Coordinate System, NAD-83, North Central Zone 4202, All distances and areas shown are surface. 2) A plat of same date accompanies this legal description. Date. January 31, 2014 James DeO E' I I RegisteI'm ssional Land Surveyor No. 4673 James DeOtte Engineering, Inc. TBPLS Firm No, 10 1 014110 6707 Brentwood Stair Road, Suite 200 Fort. Worth, Texas 76112 (817) 446 — 6877 Page: 2 of 3 JAMES . E. D . eOTTF .60.0 ... ....... �. IF I U) C� Lw ZZ) IRONHORSE IRO'NHOR'SE w 8 0 U L E V A R D B 0 U L E V A R D 'PXhT Coil (78" RCK OF WAY) OF WAiY cr� 190Z09 3 kf,90.OS ,99 Z99 3,6,C,90.05� p- o (n Uji: LQ tj. . ......... it lk N w Ifw 21 LQ Coil A Von cr� 'LOA p- LQ it 1:00 I VH Z R % lk Ga t,u � p cl, 4.1 tra cry aey 5l is T*u 5+J nJ r-, 9 J, ct n l4tl� p- 7 51 r. Ifw 21 LQ Coil A Von cr� LQ it C14 VH Z R % Ga t,u � p cl, 4.1 tra cry aey 5l is T*u 5+J nJ r-, 9 J, ct n l4tl� p- 7 51 r. Ifw 21 Von VH Z R % WdV,: VA "PA 101DOR Ga t,u � p cl, 4.1 tra cry aey 5l is T*u 5+J nJ r-, 9 J, ct n l4tl� p- 7 51 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. C.0 PUBLIC HEARINGS 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. CA TR 2013 -07 Public Hearing and Consideration of amendments to Article IV of the City's Zoning Ordinance for the establishment of a new "Freeway Corridor Overlay District" along Northeast Loop 820 and State Highway 1211183 (Airport Freeway) and Section 118 -631 Table of Permitted Uses - Ordinance No. 3291 Presenter: Clayton Comstock, Senior Planner ORDINANCE SUMMARY: Staff is proposing to establish a Freeway Corridor Overlay District that will implement a number of recommendations of the 2009 City Image Study and the 2005 Loop 820 Corridor Plan. The Overlay would limit the types of commercial uses, increase screening standards from commercial to residential, and create an urban landscape design for the corridor. ZONING TEXT REVISION: The attached ordinance does the following: • Increases masonry wall requirement between commercial and residential from 6' to 8' masonry, and also includes a requirement for a limestone element (i.e. column or all or part of wall); • Defines the uses permitted in the corridor. This part of the ordinance mostly impacts industrial and heavy commercial uses. The following uses are permitted today that the Overlay would prohibit: • Pest Control Service Store • Lawn Maintenance Service Shop • Janitorial Supply & Service Company • Wedding Chapel • Day Care Center 1 Kindergarten • Light Auto Uses in C -2 District The Overlay removes the option to request a Special Use Permit for the following uses: • Mini - Warehouse (Self Storage) • Feed & Seed Store • Moving /Storage Company • Laundry, Self- Service • Farmers Market • Drive - Through Buildings less than 1,400 sq. ft. • Tire & Battery Sales • Automobile Lubrication Center • Automobile Inspection Station • Auto Upholstery Shop • Auto Al a rm/Ste reofWi n d ow Tinting • Cemetery /Mausoleum • Alcoholic, Narcotic, Psychiatric Rehabilitation Center • Nursing Home 1 Orphanage • Bingo Hall • Commercial Stable • Used Car Sales • Car Wash • Auto Repair 1 Paint & Body Shop • Commercial Carpet Cleaning • Assembling Operations • Truck & Heavy Machinery Sales /Service /Rental • Greenhouse or Plant Nursery (wholesale) • RV/Camper/Boat Sales ACCOMPANYING LANDSCAPE ORDINANCE REVISION: This zoning ordinance text revision is half of the Freeway Corridor Overlay regulations. An accompanying Landscape Ordinance text revision (Ordinance No. 3292 as Item C.2 on this Council meeting agenda) is also being proposed that will: • Increase evergreen tree requirement adjacent to residential from 40% to 100 %; • Reduce the public street landscape setback from 15 feet to 10 feet; • Specify that trees in the public street landscape setback shall be spaced 50 -foot on- center; • Limit ornamental tree substitutions for large trees to driveways only; • Create a palette of corridor trees to include: Shumard Oak, Chinquapin Oak, Bur Oak, Live Oak, Texas Red Oak, Caddo Maple and Cedar Elm; • Limit Live Oaks to a maximum of 50% along public streets; • Establish limestone hardscape requirements as one of two options: • Option 1: 18" — 30" Leuders Limestone wall with a minimum of 30 square feet of stone facade per 50 linear feet of freeway frontage; a solid cast stone cap of 6" applied to the top. • Option 2: 36" tall by 30" wide bollards with 6" solid cast stone cap; placed 50' on- center, off -set from canopy trees with shrubs in between. Because Chapter 114 (Landscape Ordinance) is separate from zoning, it does not require Planning & Zoning Commission approval; however planning staff presented the content of that ordinance to the Commission on January 16, 2014. APPLICABILITY: The provisions of the Overlay would only apply to new development, redevelopment, and major remodels in the following defined area: The Freeway Corridor Overlay District includes the entirety of all properties which adioin or are located within 200 feet of the ultimate Right - of -Way for Northeast Loop 820 (IH -820) and Airport Freeway (SH 9291SH 983), and are not planned for single - family residential, parks /open space, stormwater drainage easement use or Transit Oriented Development T( OD) as shown on the City's Comprehensive Land Use Plan. n" 194 /Ut PUBLIC INPUT: Public hearing notifications were sent to all properties within the proposed Freeway Corridor Overlay as well as those properties within 200 feet of the overlay. The public hearing notifications also included two additional dates for informational open houses with staff. The open houses were held on December 17 (afternoon) & 18 (morning) and were attended by a total of approximately 35 individuals. Most attendants were residents within 200 feet that voiced approval of the overlay. FURTHER PUBLIC HEARINGS AT P&Z AND COUNCIL: The proposed ordinance is a text revision to the zoning ordinance only. It does not formally "change" the zoning or adopt the Freeway Corridor Overlay on the properties themselves. A separate "ZC" zoning change case will be presented at the next meeting that would formally adopt the overlay on the applicable properties. REMOVAL OF MID - CITIES OVERLAY ZONE: The Freeway Corridor Overlay District is taking the place of the Mid - Cities Overlay Zone within the Zoning Ordinance. The �)10k LEWIS t)N � I I.1AAV�IL'O RQ f5 I } m 1 D {t1G L�1�alPxab} � roil r M4Ck "�a'o�b AN7". w r� � p Y i! 101 IT, i I rIF 11RD { iJl I I3u u - �I t z ^• @k ClPot3Po[Y- E�IJL/ =fia iiCl If ILegend F,p dI 7C d Yi tr,rt j�ly llkrnl k I e �� P La UtttlY b Qe4�d r q fpGll'I I-'vNY Y„'prr.;9M' �¢�C+IIwY I� SM��itlY ks� $ 4l � ^ J� J(., Nf gV JB paq "{ Oyj 203 R ti f{ f'F es , R rght f fty J 20U R 60.F FY' y t r.y r ida 01., rv, p ...... 0 r' nnY JrmPiGNr p mpn.s t nrnY; �.. i:kt9JG PLkV 9]iY u"' f I-'re� 1 kik {IIt -vl' -Way I M C h a lv N H fen.u�my Rvn Vam.,s u.^- ro.rsua i�wN n r �� � r ✓r i1a.J I. ., I'u'r4po se'c1 Freeway Corridor Overlay Dtodct 11r:xx•.mbe:r '2013 1 1, 1 m vale Corridor (Woflay rAwdu ifidu clLm uCla, v.uotllmV Of A 01'OKM luk W11.10 A105111 01' kWd Ohin 141 k R u.l'. it a lt'J.'h4 tl rr ti H N 11 fl F{ tl dlll 82M 1. 1 r�" o l lS10 121 l Mttl lMfl d uA pI anvr d %angl iI ,id, 1 I ryes lG.s1 6� P+ EDE OoVrtl I J 0 tl "1 IranIt 0,h, IWd s 0a01 urur Itic n L lfl m s CIn11 a rrll , rn�n{ c rrr rc �u,uti log w �� t d U- ply Feet PUBLIC INPUT: Public hearing notifications were sent to all properties within the proposed Freeway Corridor Overlay as well as those properties within 200 feet of the overlay. The public hearing notifications also included two additional dates for informational open houses with staff. The open houses were held on December 17 (afternoon) & 18 (morning) and were attended by a total of approximately 35 individuals. Most attendants were residents within 200 feet that voiced approval of the overlay. FURTHER PUBLIC HEARINGS AT P&Z AND COUNCIL: The proposed ordinance is a text revision to the zoning ordinance only. It does not formally "change" the zoning or adopt the Freeway Corridor Overlay on the properties themselves. A separate "ZC" zoning change case will be presented at the next meeting that would formally adopt the overlay on the applicable properties. REMOVAL OF MID - CITIES OVERLAY ZONE: The Freeway Corridor Overlay District is taking the place of the Mid - Cities Overlay Zone within the Zoning Ordinance. The Mid - Cities Overlay Zone was created in 1997 following the widening and land use study of the corridor. Over the years the legitimacy of the Overlay Zone has diminished its necessity, and both the Planning & Zoning Commission and City Council have directed staff to remove it during previous work sessions. CONSOLIDATION OF PERMITTED LAND USE TABLE: The Ordinance revises the Permitted Land Use Table in three ways: 1. Creates anew "Freeway Corridor Overlay District" column that defines what uses are not permitted in the corridor; 2. Consolidates office uses into just a few categories; 3. Consolidates the Town Center Permitted Uses Table with the overall Permitted Uses Table The table had to be significantly revised to include the overlay district, so staff saw it as an opportune time to make other formatting and consolidation revisions. BAIL BONDS: The Ordinance also revises the definition of "Alternative Financial Establishment" to include bail bonds businesses, whereby requiring an SUP in industrial zoning districts. Staff is concerned that, with the consolidated jail services of Haltom City, Richland Hills, Watauga and NRH in the new City Hall and police /jail facility at the old North Hills Mall site, bail bonds businesses would be attracted to the commercial areas surrounding City Point. It has not been an issue at our current facility because there is no commercial immediately adjacent. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their January 16, 2014 meeting and voted to recommend approval (6 -0). STAFF RECOMMENDATION: Approval of Ordinance No. 3291; TR 2013 -07. NOTICE OF PUBLIC HEARINGS MRH CITY OF NORTH RICHLAND HILLS NOKTH MCHILAND 11BAS' You are receiving this notice because you are a property owner of record within the proposed "Freeway Corridor Overlay District" shown on the attached map. I An iinformational open house and two (public hearings are being held to consider an amendment to Article IV of the Gity's Zoning Ordinance for the establishment of a new "Freeway Corridor Overlay District" along Northeast Loop 820 and State Highmay 121/183 (Airport Freeway), The new Freeway Corridor Overlay District would define uses permitted along the Corridor and estabIlish screening standards fraim adjacent residential uses as well as design standards for Ilandscapiing. The nerve Free)Nay Corf-Oor Overlay District)Nould only ii7pact new developivent, major property renovationsIfemodels, fuil redevelopment andlor nerve uses. 1t )mill not affect existing development, businesses or uses in dace today. The Overlay District Will also not affect properties planned for single-farrVly residential by fire Cofriptehensive Land Use Plan. Public Meeting Dates: INFORMATIONAL OPEN HOUSE �& PUBLIC COMMENT 4., 00, PM — 6:G 0 PM TU ESDAY, DECIEM BIER 17, 21013 AND 9.00 AM — 11: 00 AM WEDNESDAY, DIECEIMBER 118, 20,13 PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, JANUARY 116, 2014 PUBLIC HEARING CITY COUNCIL 7.00 PM IMOND AY, FEBRUARY 10, 2014 PUBLIC HEARING Ail IMeeting 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 NOTICE OF PUBLIC HEARINGS MRH CITY OF NORTH RICHLAND HILLS NORTH MCHILAND 11BAS' You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. An iinformational open house and tolo (public hearings are being held to consider an amendment to Article IV of the Gity's Zoning Ordinance for the establishment of a inew "Freeway Corridor Overlay District" along Northeast Loop 820 and State Highmay 121/183 (Airport Freeway), The new Freeway Corridor Overlay District would define uses permitted along the Corridor and estabIlish screening standards fraim adjacent residential uses as well as design standards for Ilandscapiing. The nerve Free)Nay Corf-Oor Overlay District)Nould only ii7pact new developivent, major property renovationsIfemodels, fuil redevelopment andlor neiN uses. 1t )NO not affect existing develop rnen t, businesses or uses in dace today. The Overlay District IN ill also not affect properties planned for single-farrVly residential by fire Cofriptehensive Land Use Plan. Public Meeting Dates: INFORMATIONAL OPEN HOUSE �& PUBLIC COMMENT 4:O0, PM — 6:00 PM TU ESDAY, DECIEM BIER 17, 21013 AND 9.00 AM —11:00 AM WEDNESDAY, DIECEIMBER 118, 20,13 PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, JANUARY 116, 2014 PUBLIC HEARING CITY COUNCIL 7.00 PM IMOND AY, FEBRUARY 10, 2014 PUBLIC HEARING Ail IMeeting 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 761,80 Phone (817) 427-6300, Fax (817) 427-6303 ORDINANCE NO. 3291 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING ARTICLE IV, DIVISION 14 OF CHAPTER 118 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; REMOVING THE MID - CITIES OVERLAY ZONE AND CREATING IN ITS PLACE A FREEWAY CORRIDOR OVERLAY DISTRICT; PROVIDING REGULATIONS FOR THE FREEWAY CORRIDOR OVERLAY DISTRICT; AMENDING ARTICLE V, DIVISION 3 OF CHAPTER 118 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; CONSOLIDATING AND REVISING LAND USE TABLES AND SPECIAL LAND USE REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER. WHEREAS, it is the goal of the City Council to provide quality community development and revitalization, safety and security, a positive city image, a sense of community and local and regional leadership; and WHEREAS, the 2009 City Image Study and the 2005 Loop 820 Corridor Plan recommended specific commercial property standards for properties along Interstate Loop 820 and State Highway 183; and WHEREAS, the North Tarrant Express construction project provides an opportunity to implement those two plans and define the character of North Richland Hills through this Freeway Corridor; and WHEREAS, the City Council has received the recommendations of the Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission on such matters; and WHEREAS, notice has been published of the time and place of a public hearing held before the City Council concerning the changes herein made, which public hearing has been duly held; and, WHEREAS, the City Council has determined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That Section 118 -1 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended by adding or revising the following definitions: [:]'Sec. 118-1. Definitions. Alternative financial establishment means a check cashing business, payday advance or loan business, money transfer business, precious metal dealer, bail bonds business or car title loan business. Freeway Corridor Overlay. The Freeway Corridor Overlay District includes the entirety of all properties which adjoin or are located within 200 feet of the ultimate Right -of -Way for Northeast Loop 820 (IH -820) and Airport Freeway (SH 1211SH 183), and are not planned for single - family residential, parkstopen space, stormwater drainage easement use or Transit Oriented Development (TOD) as shown on the City's Comprehensive Land Use Plan." SECTION 2. That Chapter 118, Article IV, Division 14 of the Code of Ordinances of the City of North Richland Hills, Texas, (Mid- Cities Overlay Zone) is hereby removed and replaced with the following: iYI] KFA!-1 110124 iEM;1N =1ATI T/_ TJ1K01NN19I01:t03�A=1Nw_vaI]I-3 III N lot I Sec. 118 -551. Purpose and applicability. (a) Purpose. It is the purpose of this Article to provide standards for the Freeway Corridor Overlay District in order to mitigate the negative effects of the Interstate Loop 820 and State Highway 1211183 such as noise, aesthetics, glare of lights, and to protect public and private investment. It is also the intent of this section to implement the recommendations of the 2001 City Image Study and the 2005 Loop 820 Corridor Plan. (b) Applicability. The standards and regulations set forth in this subdivision are superimposed and shall supersede the standards and regulations of any underlying zoning district which are in conflict and shall apply in the following circumstances: (1) When an existing building is proposed for remodeling, alteration, addition, or expansion, in which the value of the proposed construction exceeds 50 percent of the current appraised value of the existing structures, excluding the value of the land; (2) When an existing building is proposed for an addition that will increase the square footage of the existing building by 30 percent or greater; (3) Upon all new construction, or (4) As a requirement of the approval of a special use permit or planned development. Sec. 118 -552. Permitted uses. Uses permitted within this Freeway Corridor Overlay District shall be those that are permitted in the base district provided in Article V, Division 3, Sec. 118 -631 of this chapter, Table of Permitted Uses unless otherwise noted by that table. Sec. 118 -553. Lot and area requirements. The lot and area requirements of the base district shall apply in the Freeway Corridor Overlay District. Sec. 118 -554. General conditions. The following general conditions shall be required of all development located in the Freeway Corridor Overlay District. If not addressed in this division, the general conditions of the base district shall apply. (1) Screening and fencing standards. Article VIII of this chapter shall apply to the Freeway Corridor Overlay District, except that required masonry screening walls adjacent to residential uses shall be a minimum of eight (8) feet in height and shall have an element of Lueders Limestone (i.e. columns, part or all of wall). Sec. 118 - 555 - 118 -560. Reserved." SECTION 3. That Section 118 -631 of the Code of Ordinances of the City of North Richland Hills, Texas, (Table of Permitted Uses) is hereby amended as follows.. "Sec. 118 -631. Table of permitted uses. (a) Table of permitted uses. The following table presents the zoning district classifications and the permitted uses within those classifications. Uses are listed in accordance with permitted uses (P), uses permitted by a special use permit (S), ancillary uses (A) and prohibited uses (blank or NP). In the case of any special overlay district, a (B) designation defaults to the base zoning district of the property within the overlay. Ancillary uses shall be regulated by Section 118- 727 Customary home occupations. Procedures and conditions requiring a special use permit are contained in section 118 -201 et seq. (b) Special land use regulations. Special land use regulations referenced under "Conditions" below shall comply with those requirements established in section 118 -633. (c) Special land use regulations for the Town Center District must comply with those requirements established in section 118 -633 unless otherwise provided for in section 118 -471, "North Richland Hills Town Center Development Standards ", section 118 -470, "Town Center Parking Standards ", or city approved, properly filed, conditions, covenants, and restrictions for property zoned to the TC district. This area intentionally left blank. SECTION 118-631: TABLE OF PERMITTED USES RESIDENTIAL DISTRICTS NON - RESIDENTIAL DISTRICTS TOWN CENTER [�r Cb •N •W •W 'y ❑ o ❑ LL C = i O] � � N T ' U) C T T T N N N N i — _ [� N �3 ° M M x J li .V .V U C r❑,g [] LL LL LL N r p T N N N U— 7 ❑ N N N N N CL o J C [� ❑ C E _ U) D K ❑ rn rn rn ❑ - cr [17 [17 [17 Co ❑ N r LL a O ❑ U U p rn N D ❑ i r r CV co i i rD a0 i = 1, N r J r CV (] J �' U) N C s.. C) rr rr rr rr rr rr rr rr 5 rr re n r r i n r CV I � C� III r�s r 7 C (I. Accessory Single Family Detached Dwelling Unit Small Lot EiDq1e FamilyCottaqe Duplex Dwelling Unit Triplex or Fourplex Dwelling Unit HUD Code Manufactured Home Multi-Family Dwelling Unit Boarding or Rooming House Private Street Residential Subdivision Zero Lot Line SF Dwelling Unit Personal Care Home and Community Home For Disabled Persons Assisted Living Center 0000000000000000 ©���� Home Occupation Q4 Public and Private Utility Use Office) -0000000-0000000000 0000000000000000 ©���� Home Occupation Q4 Public and Private Utility Use Office) -0000000-0000000000 Outdoor Recreation Areas with Elevated Lights Railroad Right-of-Way (no yards or Stations) Secondary Living Unit (Granny Flat) Swim m i ng Pool, Ten ni s Court an d oth er 0 utd oor R ecreati on Areas without Elevated Lights Telephone Exchange, Switching, Relay Station TV Satellite Disc Receiver (�3) Water Reservoir, Water Pumping Station, Water Well Wind Ch arg - .. Gas Drilling/Production (244 Detention/retention pond Interim Enclosed Parking Church, Sanctuary, Rectory or Synagogue Civic, Social/Fraternal Organization Dance Studio/Martial Arts Studio Day Care Center/Kindergarten --------- © © ©�� © © ©�--�� Emergency Clinic (After hours) Facility for care of alcoholic, narcotic, Psychiatric rehab Family Counseling Clinic Medical Clinic (More than three doctors) Municipal Building Municipal Comm unity Center Municipal Senior Citizen Center Senior Citizen Center (Commercial) Nursing Home/Orphanage Private or Parochial School Social Services Administrative ■ - ----------0000- - ©----�� Social Services Facility w/Temp. Lodging Trade or Business School Billiard Parlor(-@) Bowling Lanes Carnival, Circus or Special Fund Raising Event (Temporary) 4q4 Children's Entertainment Center Commercial Recreation (outdoors) Country Club Dance dio or Martial Arts Studio -----------���-�---- Drive-in Theater Golf Driving Range Indoor shooting range Miniature Golf Course Movie Theater (indoor) Park or PI - ... (Pu . . . .... .... ....: .:.. . . �0000000�0000000000 Private Club/Night Club Rodeo Ground (,@4 Sexually Oriented Businesses Spa, Health Studio, Fitness or Recreation C- - -----------00000�----�� Stable (commercial) Swim or Tennis Club Commercial Y Amusement Indoor o ���� i��� ���i�� ■ � i.m ���� �IB�� �n u i NIM� � � � i ��II� Illli � i �� @i �xn Accessory Non-Required Off-Street Parking Lots Airport, Heliport/Landing Field Auto laundry/car wash Auto/Truck Dealer - New (9)* Auto Parts and Accessory Sales (w/machine Shop) Auto Parts and Accessory Sales (w/o Machine shop) Auto, Truck, Trailer Rental Automobile Inspection Station Automobile Lubrication Center Auto Upholstery Shop Bus Passenger Term in al LPG/CNG Dispensing Station Marine Equipment Sales/Repair Motorcycle Sales Paint and Body Shop Railroad or Motor Freight Terminal RV or Camper Sales Lot Service Station (9+ Pumps) Tire & Battery Sales Store Truck Service Center — — • .. — .. ------------ ©-��------ Wrecker/Towing Service Wrecking/Auto Salvage Yard 424 iiin iii gill �aaaaaaaaa�oo����������� Contractor's Office (w/o shop & garage) �■sssssssss�oo����������� �■aaaaaaaaa�oo�a�oo��- TRIFF IN ".11, �■aaaaaaaaa�oo�������- ,. �■aaaaaaaaa�oo����������� �■aaaaaaaaa0000����� �■aaaaaaaaa0000aaa�� Offi.ceAdr.rur�istra.tive Business ®rProfessional ������� Pffice Medical or Dental Research !�� _Develo �ment �Laborgtor Telemarketing Office r �■aaaaaaaaa�oo����������� �■aaaaaaaaa0000aoo�� Alcohol Beverage Sales On-Premises-More Than 75 percent Revenue (See section 118-711 Alternative Financial Establishments Arts & Crafts Store Bakery Shop Bank and Savings and Loan Barber Shop/Beauty Salon 999k-��Bookstore Beauty Supply Store Camera Sales and Service Store Carpet & Tile Sales Store Cart Based Retail outdoor Cigarette & Cigar Shop Cleaning and Pressing Pick-up Station Clothing Store Coffee Shop/Tea Room Computer Sales and Service Store Computer Software Store Consumer Electronics Store Copy Center Convenience Store (8 Pumps or Less) Department Store Dog Training School Drive Through Buildings of less than 1,400 square feet Dry Cleaners k4-14 Equipment Rental Requiring Outdoor Display Area Farmer's Market Greeting - ----------0000-------�� Grocery Store/Supermarket Hardware Store Health ... Store ---------- ©000-------�� Hot Tubs and Spas Imported Goods Store Laundry, Self Service Luggage Sales Store ---------- ©000-------�� Medical Appliances and Fittings Massage Therapy/Acupuncture Clinic Mortuary/Funeral Parlor Music Instruction - -. - - -------- ©000--- - ---�� Nursery Retail Sales Office Supplies - -----------000-00----�� Paint Retail Store - - ----------00-0- - --- Pet Day Care -- - - - ----------00-00 - --- PhotofinishingJitore Photography .. ----------0000- ---- Produce Market Retail Store and Shop Sales - - of - . vy Equipment -------------©--0------ Secondhand Dealer Shoe Repair Shop FEW - ------------00-------�� Shopping ... ing Center ------------00-00----�� Sporting Goods Store Specialty Personal Service Shop Sports .. Store ----------0000-------�� Tailor/Alteration Shop Tanning Salon Telephone - . - Office ---------- © ©00-------�� Television Sales and Service Store Trophy & Awards Shop Veterinarian - - ------------- ©-00------� Veterinarian - - ----------0000-00 ---- Video Tapes and Records Stor- .. - Wedding Chapel Weight - - -----------000- ------ Women's - - -----------���------- IIIIII M1 ni n n n Ini ni M i i �i�i �i�i o ili ili i i i nnn Wxr Iliin Ifni Contractors Office (w/shop & garage) (4-74 Feed and Seed Store Garden Center Home Improvement Center Janitorial Supply and Service Company Lumber Yard Mini-warehouse (Self Storage) Motel or Hotel 04� Moving or Storage Company Newspaper Printing Plant Pest - - Store -------------0-00 ------ - .. -------------�-�-----� y �aaaaaaaaa�a����oaa����� Swimming Truck & Heavy Upholstery Shop Warehousing Wholesale Distributor Warehousing & Storage of any Commodity except heavy steel, large diameter pipe, junk, salvage, explosive or hazardous chemicals Agricultural including the raising of field Crops, horticulture, animal State Health ,_. Farm, Ranch, Garden, or Orchard Asphalt or Concrete Batching Plant-Perm. Asphalt or Concrete Batching Plant-Temp. Assembling Operations of Commodities all operations conducted in fully enclosed building Cabinet Shop Chemical Laboratory Cold Storage Plant Commercial Carpet Cleaning Commercial Laundry/Dying Plant Food Processing Plant Furniture Manufacturing Plant Machine Shop ----------------0------ Manufacturing and Assembling Operations of commodities except Large steel structures Petroleum Collection/Storage Facility Reclamation Center Sheet Metal Shop Soft Drink Bottling Plant ---------------00------ Storage of Stone, Rock, or Gravel Welding Shop/Foundry This area intentionally left blank. SECTION 4. That Section 118 -632 of the Code of Ordinances of the City of North Richland Hills, Texas, (Town Center Permitted Uses) is hereby removed in its entirety. SECTION 5. That Section 118 -633 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended as follows: "Sec. 118 -633. Legend for section 118 -631; special land use regulations. (9) Auto or truck dealer (new). The display of vehicles shall be exempt from the outdoor display restrictions contained in Section 118 -396. Use limited to internet sales only within the Core Subzone of the Town Center District. (20) Detention /retention pond. See Sec. 118 -729. Detentionlretention pond criteria. (22) Multi - Family in Town Center. Multi- family is not permitted in Tracts 2, 3a, 3b, 5, 6a or 6b of the Town Center Zoning District. See Sec. 118 -472. Town Center density restrictions. (23) Townhomes in Town Center. Townhomes are not permitted in the General Subzone east of the Lakes." SECTION 6. Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality 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 unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. Penalty. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. Savings. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provision of any other ordinances regulating solicitation or canvassing activities that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. Publication. The City Secretary of the City of North Richland Hills is hereby directed to publish the caption and penalty of this ordinance in the official City newspaper. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 10th day of February, 2014 Oscar Trevino, Mayor ►:ri III =36 Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney ►:l,, ;T01FA =1ITTIa %IK0I'k11 =Ikq kil John Pitstick, Planning & Development Director EXCERPT FROM THE MINUTES OF THE JANUARY 16, 2014 PLANNING AND ZONING COMMISSION MEETING CA TR 2013 -07 Public Hearing and Consideration of amendments to Article IV of the City's Zoning Ordinance for the establishment of a new "Freeway Corridor Overlay District" along Northeast Loop 820 and State Highway 1211183 (Airport Freeway) and Section 118 -631 Table of Perm itted Uses. Clayton Comstock came forward to present the information on Freeway Corridor. Alan Schup, 6716 Spoonwood Ln Fort Worth TX. 76137 came forward on behalf of his mother that lives on 7200 Karen Dr. speaking about purchasing the homes next to the Freeway Corridor. APPROVED Bill Schopper motioned to approve of TR2013 -07. The motion was seconded by Steven Cooper. The motion passed (6 -0). 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. C.2 TR 2014 -01 Consideration of an ordinance amending Article III, Chapter 114 of the North Richland Hills Code of Ordinances (Landscaping and Buffering Regulations); creating regulations for a Freeway Corridor Overlay District - Ordinance No. 3292 Presenter: Clayton Comstock, Senior Planner ORDINANCE SUMMARY: This proposed revision to Chapter 114 (Landscape Ordinance) is half of the proposed Freeway Corridor Overlay regulations described by Item CA on this same agenda (Ordinance No. 3291). These landscape ordinance revisions will: • Increase evergreen tree requirement adjacent to residential from 40% to 100 %; • Reduce the public street landscape setback from 15 feet to 10 feet; • Specify that trees in the public street landscape setback shall be spaced 50 -foot on- center; • Limit ornamental tree substitutions for large trees to driveways only; • Create a palette of corridor trees to include: Shumard Oak, Chinquapin Oak, Bur Oak, Live Oak, Texas Red Oak, Caddo Maple and Cedar Elm; • Limit Live Oaks to a maximum of 50% along public streets; • Establish limestone hardscape requirements as one of two options: • Option 1: 18" — 30" Leuders Limestone wall with a minimum of 30 square feet of stone facade per 50 linear feet of freeway frontage; a solid cast stone cap of 6" applied to the top. • Option 2: 36" tall by 30" wide bollards with 6" solid cast stone cap; placed 50' on- center, off -set from canopy trees; with shrubs in between Because Chapter 114 (Landscape Ordinance) is separate from zoning, it does not require Planning & Zoning Commission approval; however planning staff did present the content of this ordinance to the Commission on January 16, 2014. Other than expressed concerns for overall usage of water throughout the City, no recommendations were made by the Commission. STAFF RECOMMENDATION: Approval of Ordinance No. 3292; TR 2014 -01. ORDINANCE NO. 3292 AN ORDINANCE AMENDING ARTICLE III, CHAPTER 114 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES (LANDSCAPING AND BUFFERING REGULATIONS); CREATING REGULATIONS FOR A FREEWAY CORRIDOR OVERLAY DISTRICT; ESTABLISHING A PENALTY; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the goal of the City Council to provide quality community development and revitalization, safety and security, a positive city image, a sense of community and local and regional leadership; and WHEREAS, the 2009 City Image Study and the 2005 Loop 820 Corridor Plan recommended specific commercial property standards for properties along Interstate Loop 820 and State Highway 183; and WHEREAS, the North Tarrant Express construction project provides an opportunity to implement those two plans and define the character of North Richland Hills through this Freeway Corridor; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That Section 114 -71(e) of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended by adding the following definition: ❑"Sec. 114-71(e). Definitions. Freeway Corridor Overlay. The Freeway Corridor Overlay District includes the entirety of all properties which adjoin or are located within 200 feet of the ultimate Right -of -Way for Northeast Loop 820 (IH -820) and Airport Freeway (SH 1211SH 183), and are not planned for single - family residential, parkstopen space, stormwater drainage easement use or Transit Oriented Development (TOD) as shown on the City's Comprehensive Land Use Plan." SECTION 2. That Section 114 -71 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended by adding the following subsection 114- 71(k): "(k) Landscape setback for properties within the Freeway Corridor Overlay. For properties within the Freeway Corridor Overlay, there shall be a landscape setback area having a minimum width of 10 feet adjacent to all public street rights -of -way consistent with the standards contained in Section 114- 71(g), except for the following: (1) Required trees. Within the landscape setback, one large tree shall be planted per 50 feet, or fraction thereof, of street frontage. Said tree(s) shall be planted at even repetitious spacing of 50 feet on center and shall include any one or combination of the following tree species: Shumard Oak, Chinquapin Oak, Bur Oak, Live Oak, Texas Red Oak, Caddo Maple, Cedar Elm, or any similar type tree as approved by the City's Development Review Committee. Live Oaks or other evergreen type trees shall be limited to a maximum of 50% of trees within the landscape setback. Existing trees situated within the landscape setback may be included in this calculation. Two ornamental trees may be substituted for the large tree(s) closest to either side of the property's primary driveways). Trees in excess of the required spacing shall not be required. (2) Required hardscaping. One of the following hardscape elements shall be incorporated into the required landscape setback: a. Low wall. One or multiple 18- to 30 -inch tall Leuders Limestone wall(s) or raised planter bed(s) with a minimum of 30 square feet of stone facade per 50 linear feet of street frontage. If applied adjacent to a parking lot, the parking lot screening requirements contained herein do not apply in the areas of the proposed wall. b. Urban design monuments. Urban design monument features of Leuders Limestone in an ashlar pattern measured 36 inches tall by 30 inches wide with a solid cast stone cap of 6 inches in height applied to the top. Said monuments shall be evenly spaced 50 feet on- center and 25 feet on- center from required large trees. SECTION 2. That Section 114 -72(c) of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended by adding the following subsection 114- 71(c )(4): (4) Properties within the Freeway Corridor Overlay adjacent to residential zoning shall provide the following: a. A masonry screening wall of a minimum of eight (8) feet in height with an element of Lueders Limestone (i.e. columns, part or all of wall). b. A minimum of one large tree planted per each 30 linear feet of buffer area. c. All (100 percent) of the provided large trees shall be evergreen. IIIIIIIIII SECTION 2. Violation of any provision of this ordinance shall be punished by a fine of not more than Five Hundred Dollars ($500.00). Each day any violation shall continue shall constitute a separate offense. SECTION 3. All other ordinances or parts of ordinances in conflict herewith, are hereby repealed to the extent that they are in conflict. Such other Ordinances are hereby saved from repeal to the extent they do not conflict herewith. SECTION 4. 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 5. This Ordinance shall become effective immediately upon its passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 10th day of February, 2014 Oscar Trevino, Mayor ►:ri III =36 Patricia Hutson, City Secretary ►=l ,,: t 0l1FA =1 I T T I a %] 01 N L h K124 I I] I =1 0 i l 4 k W i f George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. C.3 ZC 2014 -02 Public Hearing and Consideration of a request from The City of North Richland Hills for a Zoning Change from 1 -2 Medium Industrial to C -2 Commercial on Lot 2R, Block 5, Industrial Park Addition located at 5757 Rufe Snow Dr. - Ordinance No. 3295 Presenter: John Pitstick, Director of Planning & Development CASE SUMMARY: With the permission and cooperation of property owner Dr. Mike McLendon, the City of North Richland Hills is requesting approval of a city- initiated zoning change from 1 -2 Medium Industrial to C -2 Commercial for a 0.62 acre lot at 5757 Rufe Snow Drive. The purpose of this request is to continue the ongoing effort to change the zoning category of some of the commercial properties along Rufe Snow Drive from 1 -2 Medium Industrial to one of the commercial zoning districts. The original vision of industrial uses along Rufe Snow near the intersection of what was formerly known as Industrial Park Boulevard, now Iron Horse Boulevard, never materialized and most of the properties developed as retail or office uses instead. Therefore the effort began, under the direction of the Planning and Zoning Commission, to make the Zoning Map reflect the Comprehensive Land Use Plan as well as the actual pattern of development. Since 2012, three parcels have been rezoned from 1 -2 Medium Industrial to either C -1 or C -2 Commercial in this target area. Another benefit to the change is that the number of uses that are permitted under this zoning will expand for the property owner compared to those allowed in the 1 -2 zone. In fact, the existing zoning does not allow the current medical office uses and the change will bring those uses in Dr. McLendon's building into full conformance. EXISTING SITE CONDITIONS: The property is currently developed with a 6,065 square foot medical office building built in 1985 (Source: Tarrant Appraisal District). COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Office" for this area. Staff is not requesting "0-1" Office zoning because other uses that are more retail in nature might also be appropriate at this location in the future. Staff is comfortable that the size of the lot and the limited amount of parking on site will naturally limit uses to those which are more office- related or small retail. SURROUNDING ZONING 1 LAND USE: North: DART Right of Way & City of Watauga 1 Railroad Tracks & Commercial East: 1 -2 Industrial 1 Car Wash South: C -1 Commercial (changed in 2012) 1 Office & Retail West: C -2 Commercial (changed in 2013 )I Self Storage Facility PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their January 16, 2014 meeting and voted to recommend approval (6 -0). STAFF RECOMMENDATION: Approval of Ordinance No. 3295; ZC 2014 -02. LOCATION MAP AERIAL PHOTO PROPERTY OWNER NOTIFICATION ........... NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Number: ZC 2014-02 Applicant: City of North Richland Hills Location: 57'57 Rufe Snow Dr You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a request from The City of North Richland Hills for a Zoning Change from 1-2 Medium Industrial to C-2 Commercial on Lot 21R, Block 5, Industrial Park Addition located at 5757 Rufe Snow Dr. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, JANUARY 16, 2014 CITY COUNCIL 7:00 PM MONDAY, FEBRUARY 10, 2014 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 76160 Phone (81 a) 427-6300 Fax (817) 427-6303 LIST OF NOTIFIED PROPERTY OWNERS City of Watauga Birdville Independent School District 5750 Rufe Snow LLC Economic/Community Development Attm Mike Seale 7800 Virgil Anthony Blvd. 6125 East Belknap 30,251 Golden Lantern Ste E377 Watauga, TX 76148 Haltom City, TX 76117 Laguna Niguel Ca 92677-5993 Smbc Leasing & Finance Inc 227 Park Ave 8 New York 110003-16,02 Regional Rail Row Co Attn: Dallas Area Rapid Transit PO Box 660163 Dallas Tx 7526'6-0163 Crank It Up Car Audio Inc 5751 Rufe Snow Dr NRH Tx 76180-6007 Sealy Texas Management Inc 6550 Wuliger Way NRH Tx 76180-6020 I Snow Carwash LIP 9293, Huntington Sq Ste 200 NRH Tx 76180-4300 Targe-Mdl LLC F/BIO M-D McLendon & Kintail 110 San Jacinto Ct Southlake Tx 76092-5946 Harlingen III Investors, 6646 Iron Horse I Ste A I Tx 76180-6037 AgArg North Richland Hill LLC CIO Quadrelle Realty 1 West Ave Larchmont Ny 110538-2470 Caller, Clarence Leslie 7425 Buckskin Ct Fort Worth Tx 76137-1671 5749 1 Snow LLC 5749 1 Snow Dr I Tx 761180-6007 ORDINANCE NO. 3295 ZONING CASE ZC 2014 -02 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 LOT 2R, BLOCK 5, INDUSTRIAL PARK ADDITION FROM 1 -2 (MEDIUM INDUSTRIAL) TO C -2 (COMMERCIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 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 Lot 2R, Block 5, located in the Industrial Park Addition, City of North Richland Hills, Tarrant County, Texas, known as 5757 Rufe Snow Drive, more particularly described in Exhibit A from 1 -2 (Medium Industrial) to C -2 (Commercial) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. PASSED AND APPROVED on this 10th day of February, 2014 In Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary 0 :1 =t0l1FA =1ITTIa %11010LhWA24 I III I =10il4kWif George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director EXHIBIT A EXCERPT FROM THE MINUTES OF THE JANUARY 16, 2013 PLANNING AND ZONING COMMISSION MEETING CA ZC 2014 -02 Public Hearing and Consideration of a request from The City of North Richland Hills for a Zoning Change from 1 -2 Medium Industrial to C -2 Commercial on Lot 2R, Block 5, Industrial Park Addition located at 5757 Rufe Snow Dr. Clayton Comstock comes forward to present the case. Zoning change from Industrial to Commercial. This change reflects what has been built in the past couple of years and offers them more opportunities to move forward on this property. There were no questions. Chairman Randall Shiflet closes the public hearing. 1 ►� »:I�VI =1 01 Steven Cooper motioned to approve of ZC 2014 -02. The motion was seconded by Bill Schopper. The motion passed (6 -0). 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. CA ZC 2014 -03 Public Hearing and Consideration of a request from The City of North Richland Hills for a Zoning Change from 1 -2 Medium Industrial to C -2 Commercial on Lots 3A, 3B and 4A, NRH Industrial Park Addition located at 5700 and 5710 Rufe Snow Dr and 6700 Iron Horse Blvd. - Ordinance No. 3296 Presenter: John Pitstick, Director of Planning & Development CASE SUMMARY: With the permission and cooperation of the property owners — Texas Tierra III Ltd and North Fort Worth Bank —the City of North Richland Hills is requesting approval of a city- initiated zoning change from 1 -2 Medium Industrial District to C -2 Commercial for three adjacent lots totaling approximately 3.25 acres located at 5700 and 5710 Rufe Snow Drive and 6700 Iron Horse Boulevard. The purpose of this request is to continue the ongoing effort to change the zoning category of some of the commercial properties along the Rufe Snow Drive corridor area from 1 -2 Medium Industrial to one of the commercial zoning districts. The original vision of industrial uses along Rufe Snow near the intersection of what was formerly known as Industrial Park Boulevard, now Iron Horse Boulevard, never materialized and most of the properties developed as retail or office uses instead. Therefore the effort began, under the direction of the Planning and Zoning Commission, to make the Zoning Map reflect the Comprehensive Land Use Plan as well as the actual pattern of development. Since 2012, three parcels have been rezoned from 1 -2 Medium Industrial to either C -1 or C -2 Commercial in this target area. EXISTING SITE CONDITIONS: The three subject parcels are developed as Lots 3A, 3B and 4A, NRH Industrial Park Addition and contain the following businesses: Wells Fargo Bank, Fuzzy's Taco Shop and Enterprise Rent -A -Car. All three buildings were built between 1986 and 1988 according to the Tarrant Appraisal District. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Retail" and "Neighborhood Service" for this area. The requested change will reflect these categories more closely than the existing zoning currently does. SURROUNDING ZONING 1 LAND USE: North: C -2 Commercial /Office Uses East: 1 -2 Industrial /Vacant South: C -1 Commercial 1 Gas Station & Convenience Store West: 1 -2 Industrial 1 Commercial Businesses PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their January 16, 2014 meeting and voted to recommend approval (6 -0). STAFF RECOMMENDATION: Approval of Ordinance No. 3296; ZC 2014 -03. LOCATION MAP AERIAL PHOTO PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Number: ZC 2014-03 Applicant: City of North Richland Hills Location., 57010 & 5710 Rufe Snow Dr, 6700 Iroin Horse Blvd You are receiving this notice because you are a property owner of record within 2010 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a request from The City of North Richland Hills for a Zoning Change from 1-2 Medium Industrial to C-2 Commercial on Lots 3A, 3B and 4A, NRH Industrial Park Addition located at 5700 and 5710 Rufe Snow Dr and 6,700 Iron Horse Blvd. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY:, JANUARY,16,2014 CITY COUNCIL 7:00 PM MONDAY, FEBRUARY 10, 2014 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. IE. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland (Hills, Texas 76180, Phone (817) 427-6300 Fax (817) 427-6303 LIST OF NOTIFIED PROPERTY OWNERS Texas Tierra Ills Ltd P01 Box 8610 Midland Tx 79708 -8610 5759 Rufe Snow LLC 30251 Golden Lantern Ste B'377 Laguna. Niguel Ca 92677 -5993 5749 Fife Snow LLC 5749 Rufe Snow Cyr NRHTx 76180 -6007 Munson Realty Company, The 305WWoodard St. Denison Tx 75020 -3136 North Fort Worth Bank Mac A0109 -101 333 Market St FI 10th Ban Francisco Ca 94105 -21101 Rfi 'Shadow Creek LLC 5221 N 0 Connor Blvd Ste 600 Irving Tx 75039 -4414 Crank It Up Car Audio Inc 5751 Rufe Snow Dr NRH Tx 76180 -6007 Shemwell- Carter Restauran Inc PCB Box '177 Keller Tx 76244 -0177 Birdvil'le Independent School District Attn: Mike Seale 6125 East Belknap Haltom City, TX 76117 Ag/Irg North Richland Hill LLC C/O Cuad'relle Realty 1 'West Ave Larchimont Ny 10538 -2470 Mountainpriize Inc PO Box 105035 Atlanta Ca 30348 -5035 Kfd US Properties Inc PO Box 353719 Louisville: Ky 40232 -5370 Pistone„ Daniel C & Arlene J 10880 Inspiration Cir Dublin Ca 94568 -5562 ORDINANCE NO. 3296 ZONING CASE ZC 2014 -03 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING LOTS 3A, 3B, AND 4A, INDUSTRIAL PARK ADDITION FROM 1 -2 (MEDIUM INDUSTRIAL) TO C -2 (COMMERCIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 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 Lots 3A, 3B and 4A, located in the Industrial Park Addition, City of North Richland Hills, Tarrant County, Texas, known as 5700 and 5710 Rufe Snow Drive and 6700 Iron Horse Blvd., more particularly described in Exhibit A from 1 -2 (Medium Industrial) to C -2 (Commercial) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. PASSED AND APPROVED on this 10th day of February, 2014 CITY OF NORTH RICHLAND HILLS IN Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary 1= l,,: t0l 1FA=1ll rila %]01NLhK124IQ111I =10il4kWif George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director EXHIBIT A tron 'Hoarse Blvd Lot 3B NRH lindustrial Park Addition Lot 3A Lot 4A 0 Trinidad air un D Current Zoiniing: 1-2 Medium linclustrial Requested Zoinhg: C-2 Commercial EXCERPT FROM THE MINUTES OF THE JANUARY 16, 2014 PLANNING AND ZONING COMMISSION MEETING C.5 ZC 2014 -03 Public Hearing and Consideration of a request from The City of North Richland Hills for a Zoning Change from 1 -2 Medium Industrial to C -2 Commercial on Lots 3A, 3B and 4A, NRH Industrial Park Addition located at 5700 and 5710 Rufe Snow Dr and 6700 Iron Horse Blvd. Clayton Comstock comes forward to present the case. The City wants to cooperate with the commercial property owners to change zoning from industrial to commercial to reflect what is built on the ground. There were no questions. Chairman Randall Shiflet closed the public hearing. APPROVED Steven Cooper motioned to approve of ZC2014 -03. The motion was seconded by Bill Schopper. The motion passed (6 -0). 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. C.5 SUP 2014 -01 Public Hearing and Consideration of a request from The City of North Richland Hills for a Special Use Permit for an Auto Rental business on Lot 3A, NRH Industrial Park Addition located at 5700 Rufe Snow Dr. - Ordinance No. 3297 Presenter: John Pitstick, Director of Planning & Development CASE SUMMARY: With the permission and cooperation of property owner Texas Tierra III Ltd, the City of North Richland Hills is requesting approval of a city- initiated Special Use Permit for Auto Rental at the existing Enterprise Rent -A -Car on a 0.57 acre lot at 5700 Rufe Snow Drive. If approved, zoning case ZC 2014 -03 would change this property's zoning classification from 1 -2" Industrial to "C -2" Commercial, whereby making the existing auto rental business non - conforming. Auto Rental is a permitted use in the 1 -2" Medium Industrial zone but requires an SUP in the "C -2" Commercial zone. Should the existing Enterprise Rent -A -Car tenant ever vacate the property, this Special Use Permit would allow the auto rental use to continue. While the zoning ordinance does not specify the type or age of vehicles available for rent by an auto rental business, Enterprise Rent -A -Car and the property owner have agreed to a 5 -year age limitation on vehicles for rent. This would be a stipulation of the Special Use Permit approval and has already been written into the draft ordinance. The site also has an accessory automated car wash for use by Enterprise Rent -A -Car only. The car wash has been identified on the SUP exhibit and would be a permitted accessory to an auto rental business. EXISTING ZONING: 1 -2" Medium Industrial requesting "C -2" Commercial at this meeting. EXISTING PLATTING: Lot 3A, NRH Industrial Park Addition F ill QI1=[y= 124 11 W ,to]L4 II24 [HI4 F ilkgIA K 1�� = I North: 1 -2" Medium Industrial 1 Restaurant (zoning change requested) East: 1 -2" Medium Industrial 1 Bank (zoning change requested) South: "C -1" Commercial 1 Gas Station & Convenience Store West: 1 -2" Medium Industrial/ Commercial Businesses PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their January 16, 2014 meeting and voted to recommend approval (6 -0). STAFF RECOMMENDATION: Approval of Ordinance No. 3297; SUP 2014 -01 LOCATION MAP ° "" rte''' ,► 0 0 .............. . ........... .. e" J� �W ..... . ...... .............. . f� Trinidad IDr F r. AERIAL PHOTO PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Number: SUP 2014-01 Applicant: City of North Richland Hills ■ v 570M,ufe You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. I Purpose of Public ,Hearing: A Public Hearing is being held to Consider a request from The City of North Richland Hills for a Special Use Permit for an Auto Rental business on Lot 3A, NRH Industrial Park Addition located at 5700 Rufe Snow Dr Public Hearina Schedule: Public Hearing Date& PLANNING AND ZONING COMMISSION 7*00 PM THURSDAY, JANUARY 16, 20'14 CITY COUNCIL 7:00 PM MONDAY, FEBRUARY 10, 2014 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 contaft Planning Department -City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-63010 Fax (817) 427-6303 LIST OF NOTIFIED PROPERTY OWNERS Texas Tierra III Ltd P,O Box 8610 Midland Tx 79708-8610 Kfc US Properties Inc PO Box 35370 Louisville Ky 40232-5370 North Fort Worth Bank MacAO109-101 333 Market St PI 10th San Francisco Ca 94105-2101 Rfi Shadow Creek LLC 5221 N 0 Connor Blvd Ste 600 Irving Tx 750394414 Birdville Independent School District Attn: Mike Seale 6125 East Belknap Haltom City, TX 76117 Mountainprize Inic PO Box 105035 Atlanta Ca 30348-5036 Munson Realty Company, The Shemwefl-Carter Restauran Inc Pistone, Daniel C & Arlene J 305 W Woodard St PO Box 177 10880 Inspiration Cr Denison Tx 75020-3136 Keller Tx 76244-0177 Dublin Ca 94568-5562 ORDINANCE NO. 3297 SUP 2014 -01 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT FOR AN AUTO RENTAL BUSINESS AT 5700 RUFE SNOW DRIVE; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; 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 Zoning Ordinance is hereby amended by amending the zoning of Lot 3A, Industrial Park Addition to the City of North Richland Hills, known as 5700 Rufe Snow Drive and approving a special use permit to allow an auto rental business with a 5 -year age limitation on vehicles for rent; a car wash accessory to the auto rental business only; and approving the site plan attached hereto as Exhibit A. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 10th day of February, 2014 CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ►:ri III =36 Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney 0 :1 =t0l►I=1llila %IK0I24 k11 =Ikq kil John Pitstick, Planning & Development Director EXHIBIT A EXCERPT FROM THE MINUTES OF THE JANUARY 16, 2014 PLANNING AND ZONING COMMISSION MEETING C.6 SUP 2014 -01 Public Hearing and Consideration of a request from The City of North Richland Hills for a Special Use Permit for an Auto Rental business on Lot 3A, NRH Industrial Park Addition located at 5700 Rufe Snow Dr Clayton Comstock came forward to present the case. When changing the Zoning on ZC 2014 -03 the City removed the property rights to allow an Auto Rental Business and are now recommending approval for a Special Use Permit. This will only allow a car wash on the propriety if it was related with an Auto Rental Business. There were no questions. Chairman Randall Shiflet closed the public hearing. 1 ►� »:I�VI =1 01 Steven Cooper motioned to approve of SUP2014 -01. The motion was seconded by Don Bowen. The motion passed (6 -0). 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. E.0 PUBLIC WORKS No items for this category. 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. F.0 GENERAL ITEMS No items for this category. 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. C.0 EXECUTIVE SESSION ITEMS 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. C.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. H.0 INFORMATION AND REPORTS 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. HA Announcements - Councilman Whitson Announcements February is Love Your Library Month, and the North Richland Hills Public Library is celebrating with free concerts every Saturday. Shows begin at 1 p.m. in the lobby. For more information, visit the library's website or call 817- 427 -6800. If a disaster or emergency strikes North Richland Hills, the Community Emergency Response Team may be called upon to assist first responders. Residents who would like to join the Community Emergency Response Team must complete a 10 -week training course. The next training begins on March 20th. To sign up or get more information, visit the CERT website or call 817- 427 -6900. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Debbie Heizer of the Neighborhood Services Department — A resident emailed thanks and appreciation for Debbie's help in resolving an issue with lighting in an apartment complex parking lot. She added that she loves living in North Richland Hills and has had nothing but great experiences in dealing with anyone at the city. 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -10 -2014 Subject: Agenda Item No. H.2 Adjournment