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HomeMy WebLinkAboutCC 2014-08-11 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, August 11, 2014 6:30 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Provide an overview of the new agenda management system. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. C.0 Adjournment .00uwa/Nip , Certification NQ it n y I do hereby certify that the above notice of meeting of the North Richla =ate' ills Ci Coup. i as posted at City Hall, City of North Richland Hills, Texas in compliance wi- >� hapt 1'r as Government Code on August 8, 2014 at 2'. 'c5'6 :M , =4'•.,, • r� •' 414 WI/IA titti a: f A s sta t ity ecretary 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. REMOVED FROM POSTING BOARD City Council Work Session—August 11,2014 Date. ` Page l of 1 B , in- 4. I € By. ,� CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, August 11, 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 Pro Tem Wright Oujesky A.1 Invocation - Councilman Rodriguez A.2 Pledge - Councilman Rodriguez A.3 Special Presentation(s) and Recognition(s) 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 July 28, 2014 City Council Meeting. City Council Agenda—August 11,2014 Page 1 of 3 B.2 Appointments to Economic Development Advisory Committee - Resolution No. 2014- pp p rY 018. B.3 Consider Amending Chapter 42 of the North Richland Hills Code of Ordinances by repealing Division 2 and revising internal references in Section 42-218 - Ordinance No. 3326. B.4 Approve a City/Developer participation agreement with Arcadia NRH4 Home Town LLC for the development and construction of Hometown Canal District and relocation of a City hike and bike trail. B.5 Approve the Abandonment of a Portion of a Utility Easement Located within the Parchman Addition (Lot 1R1) and the Associated Quitclaim Deed. - Ordinance No 3327 C.0 PUBLIC HEARINGS C.1 TR 2014-03 Public Hearing and Consideration of amendments to Article V, Division 4 of Chapter 118 of the North Richland Hills Code of Ordinances regarding commercial architecture standards. Ordinance No. 3316. REQUEST TO CONTINUE THIS ITEM TO THE AUGUST 25, 2014 MEETING. C.2 SUP 2014-03 Public Hearing and Consideration of a request from R. Lynn Motheral for a Special Use Permit for an accessory building greater than 500 square feet located at 7113 Douglas Lane. CONTINUED FROM JULY 14, 2014 MEETING. Ordinance 3320 C.3 SUP 2013-03 Public Hearing and Consideration of a request from Zone Systems, Inc. for a Special Use Permit for a telecommunications tower on the campus of Fort Worth Christian School at 6200 Holiday Lane. Ordinance 3322 C.4 SUP 2014-08 Public Hearing and Consideration of a request from Fort Worth Christian School at 6200 Holiday Lane for a Special Use Permit to allow for the construction of a Chapel/Auditorium with less than the required 85 percent masonry coverage. Ordinance 3323 1 C.5 SDP 2014-01 Public Hearing and Consideration of a request from Rick Figueroa for a Special Development Plan for a Custom Metal Fabrication business with Screened Outdoor Storage located at 6428 Davis Boulevard. Ordinance 3324 C.6 SUP 2014-07 Public Hearing and Consideration of a request from J & J NRH 100, FLP for a Special Use Permit for a Detention/Retention Pond on 1.817 at the southern terminus of Bentley Drive. CONTINUED FROM THE JULY 14, 2014 MEETING. Ordinance 3319 D.0 PLANNING AND DEVELOPMENT (Items to follow do not require a public hearing.) D.1 FP 2014-03 Consideration of a request from J & J NRH 100 FLP for a Final Plat of Thornbridge East Phase V; being 43 single family residential lots on 15.407 acres located at 7817 and 7909 Precinct Line Road. City Council Agenda—August 11,2014 Page2of3 1 i E.0 PUBLIC WORKS (No items for this category) F.0 GENERAL ITEMS (No items for this category) F.1 Setting the Date for the Public Hearing for the FY 2014/2015 City Budget, FY 2013/2014 Revised City Budget, proposed projects and operations of the Park and Recreation Facilities Development Corporation, and the Crime Control and Prevention District. F.2 Setting August 25, 2014 and September 8, 2014 as the dates for the Tax Rate Public Hearings and Vote on Placing the Tax Rate Adoption on the Agenda of the September 22, 2014 City Council Meeting. F.3 Consider Resolution to support a comprehensive, coordinated, interagency approach to Freeway Incident Management. - Resolution No. 2014-019 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda. H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Welch H.2 Adjournment All items on the agenda are for discussion and/or action. Certification 40 004!VS %C I do hereby certify that the above notice of meeting of the North Richlan• .11.s City�Coun4 as posted at City Hall, City of North Richland Hills, Texas in compliance witl (tlapter 511, T; s Government Code on August 8, 2014 at 2,'.? 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, August 11, 2014 6:30 P.M. A.0 Discuss Items from Regular City Council Meetinq A.1 Provide an overview of the new agenda management system. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. C.0 Adjournment N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -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: 8 -11 -2014 Subject: Agenda Item No. A.1 Provide an overview of the new agenda management system. Presenter: Alicia Richardson, City Secretary Summary: The City of North Richland Hills is implementing a new software program to manage legislative items placed on the City Council agenda. Staff will provide Council with an overview and instruction on how to view agenda packets on the new system. General Description: Prior to 2006, the City of North Richland Hills was manually preparing City Council agenda packets and delivering a hard copy to the City Council. On October 28, 2005, the City of North Richland Hills entered into a software license agreement with the City of Farmer's Branch for installation and support for an agenda management system. The system allowed the City to fully automate the agenda process; provide the agenda packet to City Council and the public electronically; and improve staff efficiency. While the system has served the City well, most recently, the City has experienced multiple difficulties. City staff was notified by the City of Farmer's Branch that they are no longer in the business of providing support for the system. Information Services and the City Secretary's Office reviewed various agenda management systems. The City selected IOM2 as the vendor to host our agenda management system. IOM2 provides a web - hosted program that allows users to view agenda items from any internet -based device. The new system, MinuteTraq, will allow the City to establish a consistent process across all departments and automatically distribute the agenda and post to the website. The enhanced routing and workflow ensures proper review and approval process, provides historical tracking and removes redundant and time consuming tasks. It also provides staff with the ability to delegate tasks and follow up action to personnel and send e-mail notices. Most importantly, the public will have the ability to search through past agendas and minutes to locate information on any item considered by the City Council. As MinuteTraq is a web - hosted program, Council will be able to access the agenda packet from any internet -based device. Staff will provide Council with an overview and instruction on how to view agenda packets on the new system. N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -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, August 11, 2014 7:00 P.M. A.0 Call to Order - Mayor Pro Tem Wright Ouiesky A.1 Invocation - Councilman Rodriquez A.2 Pledge - Councilman Rodriquez A.3 Special Presentation(s) and Recognition(s) 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 July 28, 2014 City Council Meetinq B.2 Appointments to Economic Development Advisory Committee - Resolution No. 2014 -018 B.3 Consider Amending Chapter 42 of the North Richland Hills Code of Ordinances by repealing Division 2 and revising internal references in Section 42 -218 - Ordinance No. 3326. B.4 Approve a City /Developer participation agreement with Arcadia NRH4 Home Town LLC for the development and construction of Hometown Canal District and relocation of a City hike and bike trail. B.5 Approve the Abandonment of a Portion of a Utility Easement Located within the Parchman Addition (Lot 1R1) and the Associated Quitclaim Deed - Ordinance No. 3327 C.0 PUBLIC HEARINGS C.1 TR 2014 -03 Public Hearing and Consideration of amendments to Article V, Division 4 of Chapter 118 of the North Richland Hills Code of Ordinances regarding commercial architecture standards. Ordinance No. 3316. REQUEST TO CONTINUE THIS ITEM TO THE AUGUST 25, 2014 MEETING. C.2 SUP 2014 -03 Public Hearing and Consideration of a request from R. Lynn Motheral for a Special Use Permit for an accessory building greater than 500 square feet located at 7113 Douglas Lane. CONTINUED FROM JULY 14, 2014 MEETING. Ordinance 3320 C.3 SUP 2013 -03 Public Hearing and Consideration of a request from Zone Systems, Inc. for a Special Use Permit for a telecommunications tower on the campus of Fort Worth Christian School at 6200 Holidav Lane. Ordinance 3322 C.4 SUP 2014 -08 Public Hearing and Consideration of a request from Fort Worth Christian School at 6200 Holiday Lane for a Special Use Permit to allow for the construction of a Chapel /Auditorium with less than the required 85 percent masonry coverage. Ordinance 3323 C.5 SDP 2014 -01 Public Hearing and Consideration of a request from Rick Fiqueroa for a Special Development Plan for a Custom Metal Fabrication business with Screened Outdoor Storage located at 6428 Davis Boulevard. Ordinance 3324 C.6 SUP 2014 -07 Public Hearing and Consideration of a request from J & J NRH 100, FLP for a Special Use Permit for a Detention /Retention Pond on 1.817 at the southern terminus of Bentley Drive. CONTINUED FROM THE JULY 14, 2014 MEETING. Ordinance 3319 D.0 PLANNING AND DEVELOPMENT (Items to follow do not require a public hearing) D.1 FP 2014 -03 Consideration of a request from J & J NRH 100 FLP for a Final Plat of Thornbridge East Phase V; being 43 single family residential lots on 15.407 acres located at 7817 and 7909 Precinct Line Road. E.0 PUBLIC WORKS (No items for this category) F.0 GENERAL ITEMS F.1 Setting the Date for the Public Hearing for the FY 2014/2015 City Budget, FY 2013/2014 Revised City Budget, proposed projects and operations of the Park and Recreation Facilities Development Corporation, and the Crime Control and Prevention District F.2 Setting August 25, 2014 and September 8, 2014 as the dates for the Tax Rate Public Hearings and Vote on Placing the Tax Rate Adoption on the Agenda of the September 22, 2014 City Council Meeting F.3 Consider Resolution to support a comprehensive, coordinated, interagency approach to Freeway Incident Management - Resolution No. 2014 -019 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 Welch H.2 Adjournment N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. A.0 Call to Order - Mayor Pro Tem Wright Oujesky N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. A.1 Invocation -Councilman Rodriguez N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. A.2 Pledge - Councilman Rodriguez N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. A.3 Special Presentation(s) and Recognition(s) Presenter: N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -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. N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. A.5 Removal of Item(s) from the Consent Agenda N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -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 separately. N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. B.1 Approval of Minutes of July 28, 2014 City Council Meeting Presenter: Alicia Richardson, City Secretary Recommendation: To approve the minutes of the July 28, 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 — JULY 28, 2014 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 28th day of July 2014 at 6:15 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Rita Wright Oujesky Tito Rodriguez Tom Lombard Tim Barth David Whitson Tim Welch Staff Members: Mark Hindman Karen Bostic Paulette Hartman Mike Curtis Vickie Loftice Alicia Richardson Monica Solko George Staples Mary Peters Kristin James John Pitstick Larry Koonce Mike Hamlin Don Wertzberger Cecilia Barham Greg VanNieuwenhuize Caroline Waggoner Boe Blankenship Mike Young Kyle McAfee Craig Hulse Absent: Scott Turnage Mayor Mayor Pro Tem Council, Place 1 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Managing Director Managing Director City Secretary Assistant City Secretary City Attorney Public Information Officer Assistant to City Manager Director of Planning & Development Finance Director Assistant Police Chief Project Manager Library Director Engineer Assistant Director - Engineering Streets Superintendent Assistant Police Chief Assistant Fire Chief Economic Development Director Council, Place 6 Call to Order Mayor Trevino called the work session to order at 6:15 p.m. A.0 Discuss Items from Regular City Council Meetinq There were no questions from 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 purchase, exchange, lease or value of real property in the south sector of the City. B.2 Executive Session: Pursuant to Section 551.074, Texas Government Code, to Deliberate the Appointment, Employment, Evaluation of Duties of a Public Officer. Mayor Trevino announced at 6:16 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following sections: Section 551.072 to deliberate the purchase, exchange, lease or value of real property in the south sector of the city; and Section 551.074 to deliberate the appointment, employment, evaluation of duties of a public officer. Executive Session began at 6:18 p.m. and concluded at 6:31 p.m. C.0 Adjournment Mayor Trevino announced at 6:31 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 July 28, 2014 at 7:00 p.m. I ;T01I WOU 41 Present: Oscar Trevino Mayor Rita Wright Oujesky Mayor Pro Tem Tito Rodriguez Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff Mark Hindman Karen Bostic Paulette Hartman Mike Curtis Vickie Loftice Alicia Richardson Monica Solko George Staples Absent: Scott T urn age Fi% M I L4 k1%0I07i% 11 IQ L4 City Manager Assistant City Manager Assistant City Manager Managing Director Managing Director City Secretary Assistant City Secretary Attorney Council, Place 6 Council member Lombard gave the invocation. A.2 PLEDGE OF ALLEGIANCE Council member Lombard led the pledge of allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION AND RECOGNITION(S) There were no special presentations or recognitions. ►=X, We] k11 rA=124 F4:1 ;1� -1=124 kr!%11I L4 There were no requests to speak during citizen presentation. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA There were no items removed from the consent agenda. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JULY 14, 2014 CITY COUNCIL MEETING B.2 CITY 1 DEVELOPER AGREEMENT WITH ENCLAVE AT HOMETOWN L.P. FOR STREET LIGHTS ALONG ICE HOUSE DRIVE B.3 CITY 1 DEVELOPER AGREEMENT FOR MUNICIPAL INFRASTRUCTURE COSTS WITH PATRICIA STEWART COUNCIL MEMBER LOMBARD MOVED To APPROVE THE CONSENT AGENDA, COUNCIIL MEMBER ROD IGl1EZ SECONDED THE MOTION,, MOTION TO APPROVE CARRIED 6 -0 �911>4111= 3I lei: 1==10124[--1 There were no items for this category. D.0 - PLANNING AND DEVELOPMENT There were no items for this category. =9 1 � 1 11= 1 A[ SA T I T L O] N 2&- 1 EA APPROVE THE 2014 PREVENTIVE STREET MAINTENANCE PROGRAM ❑ PPRnvPn Streets Superintendent Boe Blankenship presented the 2014 Preventative Street Maintenance Program and was available to answer questions from Council. CQIM NC14 MEMBER WELCH MOVED TO APPROVE THE 20114 PREVENTIVE STREET MAINTENANCE PROGRAM AS PRESENTED, CQUNCIL MEMBER ROD R10JEZ SECONDED THE MOTION, MOTION TO APPROVE CARRIED 6 -0 E.2 APPROVE INTERLOCAL AGREEMENT (ILA) WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) FOR TRAFFIC SIGNAL RETIMING 1 ►� »:I�VI =1 01 Public Works Operations Manager Jimmy Cates informed Council the Interlocal Agreement (ILA) identifies selected corridor improvements for traffic signal retiming. The traffic signals along Boulevard 26 and Davis Boulevard will be included in the call for projects. Council did not have any questions for staff. MAYOR PRO TEM WRIGHT OWIES Y MOVED TO APPROVE ITEM E2, COUNCIL MEMBER ILOME3ARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0 E.3 APPROVE AN ORDINANCE AMENDING CHAPTER 78: "UTILITIES" OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AS IT PERTAINS TO WATER WELLS - ORDINANCE NO. 3317 APPROVED City Engineer Greg VanNieuwenhuize informed Council the proposed ordinance amends Chapter 78 of the North Richland Hills Code of Ordinances removing the following requirements: (1) for a sanitary control easement, (2) submission of logs and reports within thirty (30) days of drilling a well, and (3) annual testing of nitrates and nitrites. The requirements apply to water wells that are used for drinking purposes. Wells located in the City of North Richland Hills are only allowed for irrigation purposes and therefore the regulations are not deemed necessary. Council did not have any questions for staff. CO1JNCIL MEMBER LOMBARD MOVED To APPROVE ORDINANCE No. 33117,, MAYOR PRO TEM WRIGHT OIJJESKY SECONDED THE MOTION, MOTION TO APPROVE CARRIED 6 -0, I;91IIH=1124 I=11:f=10111d =1Lh RI F.1 APPROVE ACCEPTANCE OF A TEXAS STATE LIBRARY AND ARCHIVES COMMISSION SPECIAL PROJECTS GRANT AWARDING THE LIBRARY $74,785.00 TO IMPLEMENT A COMMUNITY MAKERSPACE Library Director Cecilia Barham informed Council the item for their consideration this evening is to accept a grant in the amount of $74,785 from the Texas State Library and Archives Commission. The North Richland Hills Library will utilize the special projects grant to implement the state's first full - service library makerspace. Council did not have any questions for staff. COI NCIL MEMBER LOMBARD MOVED TQ APPROVE ITEM IF11, COUNCIL MEMBER RQD IQtJEZ SECONDED THE MOTION,, MOTION TO APPROVE CARRIED 6 -0, F.2 AUTHORIZE THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT WITH BALFOUR BEATTY CONSTRUCTION TO ADJUST THE GUARANTEED MAXIMUM PRICE FOR THE CITY HALL PROJECT TO $59,202,481 Project Manager Don Wertzberger presented the item. In August 2013, the City Council authorized a Guaranteed Maximum Price (GMP) for the construction of the new City Hall in the amount of $56,790,000. The price was based on the best pricing assumptions available at the time with anticipated inflationary increases. The bids were opened in March 2014 and due to escalated costs, the bids were over by $4,000,000. Staff spent the last three months value engineering the bids and making reductions, while retaining major components of the project. Through this effort, staff was able to reduce the construction cost increase by approximately half. Staff is seeking Council's approval to authorize a change to the contract with Balfour Beatty Construction by modifying the City Hall Project GMP to $59,202,481, which is an increase of $2,412,481. Council member Lombard informed Council that a member of the Municipal Complex Oversight Committee Steve Koons is present this evening. Council member Lombard also mentioned that Chairman Jay Bruner submitted a letter thanking the management team for negotiating and bringing forward the best scenario to achieve the City's end goal. Council member Welch concurred with statements made by Council member Lombard. Council member Welch advised that the Committee and staff diligently worked on the project and removed items that did not have an overall impact on the facility. COUNCIL MEMBER L.,OIIiBARD MOVED To AUTHORIZE THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT WITH BA LFOU R BEATTY CONSTRUCTION TO ADJUST THE GUARANTEED MAXIMUM PRICE FOR THE CITY HALL PROJECT TO $59,202,4811,. COUNCIL MEMBER WELCH SECONDED THE MOTIONi, MOTION TO APPROVE CARRIED 6 -0, F.3 APPOINTMENT OF MEMBERS TO VARIOUS BOARDS, COMMISSIONS & COMMITTEES — KEEP NORTH RICHLAND HILLS BEAUTIFUL, BOARD OF ADJUSTMENT, LIBRARY BOARD, PARKS AND RECREATION BOARD, PLANNING AND ZONING COMMISSION, CAPITAL IMPROVEMENT ADVISORY COMMITTEE, SUBSTANDARD BUILDING BOARD, TEEN COURT ADVISORY BOARD, CONSTRUCTION CODE OF APPEALS, ANIMAL ADOPTION AND RESCUE CENTER ADVISORY COMMITTEE, CIVIL SERVICE COMMISSION, PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION, AND RED LIGHT CAMERA ADVISORY COMMITTEE - RESOLUTION NO. 2014 -017 ❑ PPRC]VPn City Secretary Alicia Richardson presented the appointments for various board, commission and committees. Staff is seeking approval of Resolution No. 2014 -107 for the following appointments: Keep North Richland Hills Beautiful Commission Amy Steele Doris Tipps Kathy Luppy Tiffany Eddleman Board of Adjustment Brian Crowson Fonda Kunkle Bill Gibbs Library Board Karen Alexander Kay Schmidt Donna Stallard Holly Mitchell Park and Recreation Board Place 2 Term expiring June 30, 2016 Place 4 Term expiring June 30, 2016 Place 6 Term expiring June 30, 2016 Alternate Term expiring June 30, 2016 Place 2 Term expiring June 30, 2016 Place 4 Term expiring June 30, 2016 Place 6 Term expiring June 30, 2016 Place 2 Place 4 Place 6 Alternate Suzy Compton Place 2 Paul Pena, III Place 4 Dianne Spradling Place 6 Beverly Hunt Alternate Term expiring June 30, 2016 Term expiring June 30, 2016 Term expiring June 30, 2016 Term expiring June 30, 2016 Term expiring June 30, 2016 Term expiring June 30, 2016 Term expiring June 30, 2016 Term expiring June 30, 2016 Planning & Zoning Commission and Capital Improvement Advisory Committee Mike Benton Place 2 Term expiring June 30, 2016 Randy Shif let Place 4 Term expiring June 30, 2016 William Schopper Place 6 Term expiring June 30, 2016 Gerald (Jerry) Tyner Ex Officio Term expiring June 30, 2016 Substandard Building Board Thomas Moreau Place 2 Philip E. Orr, Jr. Place 4 Brian Crowson Place 6 Teen Court Advisory Board Antonio Coffee Place 1 Janet Golightly Place 2 Francis Lambright, Jr. Place 4 Karen Russell Place 6 Construction Code Board of Appeals Kurt Cameron, local builder Place 2 Lynn Motheral, local builder Place 4 Lloyd Robinson, local builder Place 6 Term expiring June 30, 2016 Term expiring June 30, 2016 Term expiring June 30, 2016 Term expiring June 30, 2015 Term expiring June 30, 2016 Term expiring June 30, 2016 Term expiring June 30, 2016 Term expiring June 30, 2016 Term expiring June 30, 2016 Term expiring June 30, 2016 Animal Adoption and Rescue Center Advisory Committee Tito Rodriguez City Official Term expiring June 30, 2016 Pam Burney Animal Welfare Organization Term expiring June 30, 2016 Civil Service Commission Sally Bustamante Position 1 September Daniel Position 2 - Fire Association Arthur De La Flor Position 4 - Police Association Tony Rader Ex Officio Brent Barrow Ex Officio Term expiring June 30, 2015 Term expiring June 30, 2015 Term expiring June 30, 2016 Term expiring June 30, 2016 Term expiring June 30, 2016 Parks and Recreation Facilities Development Corporation David Whitson Council Member Director Term expiring May 30, 2016 Tracye Tipps Citizen Member Director Term expiring May 30, 2016 Suzy Compton Citizen Member Director Term expiring May 30, 2016 Red Light Camera Advisory Committee Jim Bowen Bob McCary Richard Scott Wood Charlie Ott Steve Koons Gerald Tyner Pam Hansen Karen Williams Mayor Appointee Council, Place 1 Appointee Council, Place 2 Appointee Council, Place 3 Appointee Council, Place 4 Appointee Council, Place 5 Appointee Council, Place 6 Appointee Council, Place 7 Appointee Term expiring June 30, 2015 Term expiring June 30, 2015 Term expiring June 30, 2015 Term expiring June 30, 2015 Term expiring June 30, 2015 Term expiring June 30, 2015 Term expiring June 30, 2015 Term expiring June 30, 2015 CQI NC14 11R1EMISEIR RODRI JEZ MOVED TO APPROVE RESOWTION No. 20114 - 0117.. Co4iNGI1 flAE11 R,ER WHITSON SECONDED TIDE MOTIONI., . MOTION TO APPROVE CARRIED 6 -0 G.0 - EXECUTIVE SESSION ITEMS GA ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA - DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY IN THE SOUTH SECTOR OF THE CITY. APPROVED Economic Development Director Craig Hulse presented the item. The request is to authorize the City Manager to execute a contract with Retail Connection and Double Eagle to promote the sale and redevelopment of property located Lot 1 -R -2, Block 25, Snow Heights Addition. Council had no questions for staff. MAYOR PRO T M WRIGHT OIJJESKY MOVED To AtJTHQRIZE THE CITY MANAGER TO EXECAJTE A CONTRACT FOR THE BROKERAGE AND SALE OF 6,44 ACRES IN LOT I -R -2,, BLOCK 25, NOW HEIGHTS AODITtON. CQtJNCI4 MEMBER WHITSON SECONDED THE MOTION, MOTION TO APPROVE CARRIED 6 -0, H.0 - INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Barth made the following announcements. The Police Department is accepting applications for the next Citizens Police Academy. The academy is a 12 -week course, starting August 28 and continuing through November 13. Classes will be held on Thursdays from 9:00 a.m. to Noon. Participants will learn about patrol procedures, dispatch operations, crime scene search and more. There is no cost to participate, but space is limited and advanced registration is required. For additional information, please call 817- 427 -7021 or visit the city's website. Crab your bicycle, helmet and bottled water and enjoy an evening ride with Mayor Oscar Trevino. 'Round the Town with Oscar takes place the first Tuesday of each month at 5:45 p.m. Cyclists meet at the NRH Centre parking lot, 6000 Hawk Avenue. The rides are approximately 10 miles and incorporate both the NRH trail system and on- street routes. The next ride will be on Tuesday, August 5, 2014. The Tarrant Regional Water District is offering North Richland Hills residents a free check of their irrigation system and tips on how to operate it more efficiently. To sign up or get more information, visit the city's website or call the Public Works Department at 817- 427 -6457. Kudos Korner - A citizen commented online about how much she enjoyed the Family 4th Fireworks Show. She stated that the fireworks were outstanding and get better every year. "Thank you for giving our family a place to spend time together," she added. Staff from the Police Department, Fire Department, Public Works, Parks and Recreation, Neighborhood Services and Communications all help with this annual event and we commend you for a job well done. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:43 p.m. Oscar Trevino — Mayor ATTEST: Alicia Richardson, City Secretary N RH From COUNCIL MEMORANDUM The Office of the City Manager Subject: Agenda Item No. B.2 Appointments to Economic Resolution No. 2014 -018 Presenter: Alicia Richardson, City Secretary Date: 8 -11 -2014 Development Advisory Committee - Summary: Current members of the Economic Development Advisory Committee have terms that expired in August 2013. General Description: Ordinance No. 2654 created the Economic Development Advisory Committee (EDAC) to provide business and employers input on policies, plans and strategies that promote quality of life and economic health in the City. Existing members have expressed a desire to remain on the committee. Therefore, the Economic Development Department recommends Council consider the reappointment of the following individuals with terms to expire August 2016. • Jim Makens — President & Founder, The Makens Company • Mike Rigby — Market President, Liberty Bank DFW • Bob Brown —Chief Operating Officer, Bates Container, Inc. • Tom Hervey — President & General Manager, Allen Samuels Auto Group • Janet Golightly —Owner, Golightly's Unexpired members include: • Mark Wood — Founding Partner, HoweNVood & Company • Randy Moresi — CEO, North Hills Hospital • Cindy Brewington — Financial Advisor, Edward Jones • Vacant — Large Service • Vacant — Entertainment/Large Retail Recommendation: Approve Resolution No. 2014 -018. RESOLUTION NO. 2014 -018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS; APPOINTING MEMBERS TO THE ECONOMIC DEVELOPMENT ADIVISORY COMMITTEE; ESTABLISHING TERMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council established an Economic Development Advisory Committee, consisting of 10 business owners or chief executive officer /general managers, commercial brokers and/or developers; and WHEREAS, appointed members serve a two -year term, unless appointed to fulfill an unexpired term; and WHEREAS, each member serves until their successor has been duly appointed and qualified for consideration by the City Council. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. The following members have been submitted for nomination and approved by majority of the City Council to the Economic Development Advisory Committee. Jim Makens President & Founder, The Makens Company Mike Rigby Market President, Liberty Bank DFW Bob Brown Chief Operating Officer, Bates Container, Inc. Tom Hervey President & General Manager, Allen Samuels Auto Group Janet Golightly Owner, Golightly's PASSED AND APPROVED this the 11th day of August, 2014 ATTEST: Alicia Richardson, City Secretary August 1, 2016 August 1, 2016 August 1, 2016 August 1, 2016 August 1, 2016 CITY OF NORTH RICHLAND HILLS IN Oscar Trevino, Mayor 0 :1 =t0lTA =1ImilatOMOINI FTRgII]I=IC7=I4INwa George A. Staples, City Attorney N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. B.3 Consider Amending Chapter 42 of the North Richland Hills Code of Ordinances by repealing Division 2 and revising internal references in Section 42 -218 - Ordinance No. 3326. Presenter: John Pitstick, Planning and Development Director Summary.: This ordinance revision is needed to cleanup sections of Chapter 42 Health regulations that are now obsolete and revise internal references regarding where smoking is prohibited within the city. This revision is simply a housekeeping matter and does not add or reduce any regulations. General Description: Recently approved smoking regulations designate electronic cigarette use identically to restrictions for the use of traditional tobacco smoking. Current regulations also prohibit the sale of e- cigarettes to minors and restrict the use of e- cigarettes and traditional smoking in public buildings and restaurants. Ordinance #3326 is being brought back to repeal previous sections of Chapter 42 that were made obsolete with the recent smoking regulations. Division 2 of Chapter 42 is being repealed because it detailed specific smoking and non - smoking areas within buildings while the recently approved regulations prohibit smoking in all public buildings as defined by the following definition: Public building means any building other than a building used as a private residence. If portions of a building are used as a private residence and another portion of the building is used for business purposes or commercial activities, then "public building" as used herein shall apply to the portions of the building used for business purposes or commercial purposes, but not the portion used solely as a residence. The term "public building" includes, but is not limited to, restaurants, offices and other workplaces, warehouses, health care facilities, and elevators, and enclosed common areas of multifamily developments. For purposes of this definition, it does not include a private area not accessible to the public. The recently approved smoking regulations made Division 2 of Article IV of the North Richland Hills Code of Ordinances obsolete and for clarification purposes the City Attorney is recommending that it be repealed. Recommendation: Approval of Ordinance No. 3326. ORDINANCE NO. 3326 AN ORDINANCE REPEALING DIVISON 2 OF ARTICLE IV OF CHAPTER 42 AND AMENDING SECTION 42 -218 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; PROHIBITING THE USE OF ELECTRONIC CIGARETTES ANYWHERE SMOKING OF TOBACCO IS PROHIBITED; ESTABLISHING A PENALTY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR PUBLICATION. WHEREAS, the safety and efficacy of electronic cigarettes and other vaping devices is still unknown and such devices deliver an unknown mix of potentially carcinogenic and toxic compounds, as evidenced by the following: a) nicotine content labeling is not accurate with some electronic cigarette manufacturers; ' b) nicotine related impurities content in cartridges and refills vary by electronic cigarette manufacturer .2 and c) the concentrations of some metal and silicate particles in electronic cigarette aerosol were higher than or equal to the levels contained in conventional cigarette smoke;3 and WHEREAS, the U.S. Food and Drug Administration conducted laboratory analysis of electronic cigarette samples and found them to contain carcinogens and toxic chemicals to which users and bystanders could potentially be exposed,4 suggesting that the same concerns present with secondhand smoke from conventional cigarettes may exist with electronic cigarettes; and WHEREAS, it is unlawful to sell or furnish electronic cigarettes to minors,5 however minors are still able to obtain access to electronic cigarette products. A national survey revealed that between 2011 and 2012, middle school students who reported ever using electronic cigarettes increased from 1.4% to 2.7% and current use of electronic cigarettes increased from 0.6% to 1.1%.6 The same survey found that high school students who reported ever using electronic cigarettes increased from 4.7% to 10.0% while current use increased from 1.5% to 2.8 %; and, 1 Trehy ML, Ye W, et al. "Analysis of Electronic Cigarette Cartridges, Refill Solutions, and Smoke for Nicotine and Nicotine Related Impurities." Journal of Liquid Chromatography & Related Technologies, 34:1442 -1458, 2011. a Id. 3 Williams M, Villarreal A, Bozhilov K, Lin S, Talbot P (2013) Metal and Silicate Particles Including Nanop attic les Are Present in Electronic Cigarette Cartomizer Fluid and Aerosol. PLoS ONE 8(3): e57987. doi:10.13711j ournal.p me. 005 7987 4 US Food and Drug Administration. News Release, FDA and Public Health Experts Warn About Electronic Cigarettes. July 22, 2009. Available at: www.fda.govNewsEventsNewsrooni/PressAnnouncements/ucml 73 2 22. htm. Cal. Health & Safety Code § 119405 (West 2013). 6 Centers for Disease Control and Prevention. Electronic Cigarette Use Among Middle and High School Students— United States, 2011 -2012. Morbidity and Mortality Weekly Report. September 6, 2013 (survey results are available at hb: / /www.cdc.2ov /tobacco /data statistics/surveys /Mts.) WHEREAS, there is no Constitutional right to smoke;? and, WHEREAS, the City Council has investigated and determined that electronic smoking devices permit users of the devices to inhale vapor containing variable amounts of nicotine and other harmful toxicants; and WHEREAS, the City Council has further investigated and determined that exposure to electronic smoking devices by minors is a serious health concern; and WHEREAS, the City Council has further investigated and determined that the 2012 National Youth Tobacco Survey shows that the use of electronic smoking devices by U.S. high school students has doubled from the previous year to 2.8 %; and WHEREAS, the City Council has further investigated and determined that medical and pharmacological experts have opined that electronic vaping devices contain nicotine in a liquid form that may escape from the devices and be ingested by minors which may cause symptoms such as hyperactivity, flushing, sweating, headache, dizziness, rapid heart rate, vomiting, diarrhea, burning and irritation of the skin and, in severe cases, may result in a coma or death; and, WHEREAS, the City Council has further investigated and determined that studies have shown that electronic smoking devices can serve as a "gateway" to smoking traditional tobacco products which are illegal for minors to purchase or possess; and, WHEREAS, the City Council has further investigated and determined that electronic smoking devices are currently not regulated by the State of Texas or the federal government; and, WHEREAS, the City Council has determined that it is in the best interest and welfare of the citizens of North Richland Hills to prohibit the possession and purchase of electronic smoking devices by minors and the sale and distribution of electronic smoking devices to minors; and, WHEREAS, it is the intent of the City Council, in enacting this Ordinance, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of the use of electronic cigarettes and electronic smoking devices, around non - tobacco users, especially children; by protecting the public from exposure to secondhand smoke and vapors where they live, work and play; by reducing the potential for children to wrongly associate smoking and tobacco use with a healthy lifestyle; and by Public Health Law & Policy, Technical Assistance Legal Center. There Is No Constitutional Right to Smoke. 2005. Available at www.12hll2neL org/ tobacco - control /products /there -no- constitutional- right- smoke. affirming and promoting a healthy and nuisance -free environment in the City; and, WHEREAS, Division 2 of Article IV of the North Richland Hills Code of Ordinances is obsolete after enactment of amendments to Division 1 and should be repealed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Division 2 of Article IV of Chapter 42 of the North Richland Hills Code of Ordinances is hereby repealed. Section 2: Section 42 -218 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Section 42 -218. Use of Electronic Smoking Devices Prohibited where Tobacco Smoking is Prohibited. Use of any electronic smoking device is prohibited in all locations where tobacco smoking is prohibited by Division 1 of Article IV of this Chapter. Any person using such electronic smoking device in such a location shall be deemed in violation of this provision." Section 2: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, 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 3: Any person who violates this article shall be guilty of a health and sanitation misdemeanor violation and subject to a fine as set forth in section 1 -13 of this Code of Ordinances. Each day that a violation is permitted to exist shall constitute a separate offense. Any association, partnership or cooperation that violates this article shall be guilty of a health and sanitation misdemeanor violation and subject to such fine. Section 4: The City Secretary of the City of North Richland Hills is hereby directed to publish the caption, penalty clause, publication clause and effective date clause of this ordinance. Section 5: This ordinance shall be in full force and effect from and after its passage and publication as required by law, AND IT IS SO ORDAINED. PASSED AND APPROVED on the 11th day of August, 2014. In ►:ri11 =�6 Alicia Richardson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. B.4 Approve a City /Developer participation agreement with Arcadia NRH4 Home Town LLC for the development and construction of Hometown Canal District and relocation of a City hike and bike trail. Presenter: Vickie Loftice, Managing Director Summary: A city/developer participation agreement is being brought forward to allow Arcadia Development to proceed with construction of the Home Town Canal District including the relocation of the City hike and bike trail with the City responsible for reimbursement of the specific costs related to relocation of the public trail as stated in the Town Center Comprehensive Development agreement as amended July 18, 2011. General Description: The Home Town Canal District, phase 4 final plat was recently approved on the east side of the Lakes at Home Town requiring relocation of a portion of the concrete trail with new grading and lots facing the lakes. The updated Town Center Comprehensive Development Agreement (signed July 18, 2011) requires the City to relocate the trail at the City's expense. Based on the plans for the Canal District plat, all the construction is to occur at the same time. For this reason, staff is recommending that Arcadia move forward with construction and allow the City to reimburse for the cost of the trail relocation. Economies of scale and coordination of a single contractor will benefit the City and allow this project to proceed in a timely fashion. Arcadia will be responsible for any grading and retaining walls associated with the development. The City would reimburse for specific costs only related to the relocated trail. Costs will be paid from Park Development Reserves, and funds will be expended in FY 2014/2015 after the work is complete. Please see the following bid items below specifying the City's reimbursement items. Relocation of City Trail bid items: Removal of trail -690 square yards at $4.50 = $3,105.00 Installation of new trail — 6,507 square feet at $4.75 = $30,908.25 $34,013.25 Recommendation: Authorize the City Manager to approve a city/developer participation agreement with Arcadia NRH4 Home Town LLC for reimbursement costs related to relocation of a section of the hike and bike trail. - . .1 1 wz/,W IWO ;-w — — -n WP" 4val 3W" UNY 1 1 v$ , wur .... . ..... CITYIDEVELOPER PARTICIPATION AGREEMENT The parties to this agreement are the City of North Richland Hills ( "City ") and ARCADIA NRH4 Home Town LLC. ( "Developer "). This agreement is to document the obligation of the City to participate with the Developer and for Developer to construct public improvements for which City, pursuant to Subchapter C of Section 212 of the Texas Local Government Code will pay a portion of the cost of such improvements to a development known as Hometown Canal District, Phase 4 to the City of North Richland Hills, Tarrant County, Texas. ►►1►►IIII�X -3:0I:r9: MAIN I WHEREAS, The Developer plans to develop Hometown Canal District, Phase 4 which will require the construction of streets and other public improvements as well as the relocation at City expense of a hike and bike trail from its current location ; and, WHEREAS, the relocation of such trail can more economically be done by the Developer as a part of its contract to construct required public improvements for such subdivision; and, WHEREAS, Subchapter C of Section 212 of the Texas Local Government Code authorizes the participation by City with the Developer in the cost of public improvements without compliance with the competitive bidding requirements of Chapter 252, Texas Local Government Code as long as the cost of City participation does not exceed 30% of the total cost of public improvements to be constructed; and, WHEREAS, the amount of City participation is $34,013.25 which is less than 30% of the total cost of public improvements to be constructed by the Developer; and, WHEREAS, Developer will execute a performance bond for the construction of the improvements to ensure completion of the project in accordance with Chapter 2253, Government Code. NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, it is agreed as follows: 1. Developer agrees to construct at its expense the public improvements required for Hometown Canal District, Phase 4, including the relocation of a hike and bike trail to a location designated by City and to execute a performance bond for the construction of the improvements to ensure completion of the project in accordance with Chapter 2253, Government Code. 2. City agrees to reimburse Developer the sum of $34,013.25 upon completion of the trail relocation. Signed this the day of August, 2014. Is] 11W 90 7Mkq [0l:i11:INIs]:IWA24I III: III %` Mark Hindman, City Manager City's Mailing Address: 7301 N. E. Loop 820 North Richland Hills, Texas 76180 APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney ARCADIA NRH4 HOME TOWN LLC. DEVELOPER IN Developer's Mailing Address: 3500 Maple Avenue, Suite 1165 Dallas, TX 75219 Its N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. B.5 Approve the Abandonment of a Portion of a Utility Easement Located within the Parchman Addition (Lot 1 R1 ) and the Associated Quitclaim Deed - Ordinance No. 3327 Presenter: Gregory Van Nieuwenhuize, Engineer Summary: The City Council is being asked to approve an Ordinance which abandons a portion of easement that was dedicated around the monument sign on Boulevard 26 for North Richland Hills Baptist Church. General Description: In 2008 North Richland Hills Baptist Church (the "Church ") platted all of their property between Parchman Street and Vance Road south of Glenview Drive into one lot (Lot 1 R1 of the Parchman Addition). In anticipation of the City creating a Capital Improvements Project in the future to bury the overhead franchise utility lines, the Church dedicated various easements across their property to be used for the buried utilities. Most of the Church's easements dedicated for the anticipated utility burial project adjoin Boulevard 26 Right -of -Way or Vance Road Right -of -Way. Because the Church's monument sign is immediately outside of Boulevard 26 ROW, the Church dedicated easement around the sign and as such, the easement along Boulevard 26 does not run in a straight fashion. Since the platting of the Church's property, the City has identified funding for a CIP Project to bury the overhead utilities (Boulevard 26 Utility Burial Project). During the design of the project, all of the affected franchise utility companies (Oncor Electric Delivery, AT &T and Charter Communications) requested that they be able to run their facilities under the monument sign and not around the monument sign in the previously indicated easement. Staff has met with the Church and running the conduits for the franchise utilities under their monument sign is acceptable to them; they are also willing to dedicate easement under their sign for this purpose. However, the Church would like the now not - needed easement around their monument sign abandoned. The following Ordinance provides for the abandonment of that portion of easement that goes around the Church's monument sign and authorizes the City Manager to execute the appropriate Quitclaim Deed. The following Ordinance and Quitclaim Deed are acceptable to the City Attorney. Recommendation: Approve Ordinance No. 3327 and the associated Quitclaim Deed. NRH ORDINANCE NO. 3327 AN ORDINANCE ABANDONING A PORTION OF AN UNNEEDED EASEMENT LOCATED WITHIN THE PARCHMAN ADDITION, LOT 1 R1 IN THE CITY OF NORTH RICHLAND HILLS, TEXAS AND AUTHORIZING ITS CONVEYANCE TO THE OWNER OF THE UNDERLYING FEE WHEREAS, at the time Lot 1R1, Parchman Addition was platted, an easement was dedicated along SH 26 for the purpose of burying existing overhead utilities; and WHEREAS, it has been determined that a portion of this easement is not required and it is proposed that this unneeded portion of easement be abandoned and conveyed to the owner of the underlying fee; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT a portion of an Easement, as described on Exhibit A and depicted on Exhibit B hereto, is hereby abandoned. SECTION 2. THAT the City Manager is hereby authorized to execute a quitclaim deed on behalf of the City to the owner of the underlying fee. 0241 lkil:M -10I07:197=1124 I:4 0 PASSED AND APPROVED this the 11th day of August, 2014 CITY OF NORTH RICHLAND HILLS IN Oscar Trevino, Mayor ►:ri III =36 Alicia Richardson, City Secretary ►: 1,,: t0l �A=1If fila %]01NLTJVA24IQ111I =10il4kwif George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Managing Director EXHIBI'll" "A" I ' Electric and Utility Easement Abandonnient Area BEING a 673 square foot (0.015 acre) tract contained within the A.G. Walker Survey, Abstract No, 1630, City of North Richland Hills, Tarrant County, Texas, and being part of Lot 1 -R.1 of Parchman Addition, ail addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Cabinet A, Slide 13048 of the Plat Records of Tarrant County, Texas, said tract also being part of that certain tract of land described in a Special Warranty Deed with Vendor's Lien to North Richland Hills Baptist Church of Fort Worth as recorded in Instrument Number D197201895 of the Official Public Records of Tarrant County, Texas, said 6,73 square foot tract being more particularly described as follows: COMMENCING at a 112-inch iron rod with red cap found for the northwest comer of said Lot 1 -R 1, said point being the intersection of the southerly right-of-way line of Glenview Drive (a 68-foot right-ol-way) with the easterly right-of-way line of Parchman Street (a 50-41)ot right-oll way; THENCE South 00 degrees 18 minutes 46 seconds East, along the easterly right-of-way line of said Parchnian Street, a distance of 1,3 85.25 feet to a point for the most westerly northwest comer of a 1. 0-foot electric and utility easement as shown on said plat of Lot 1 -R 1, Parchman Addition; '11" H E N CE North 47 degrees 3,9 minutes 14 seconds East, departing the easterly right-of-way I i tie of said Parchman Street and along the northwesterly line of said I 0-foot electric and utility easement, a distance of 312,30 feet (flat: 329.39 feet) to an angle point in the northwesterly line of said 10-t'oot electric and utility easement, said point being the POINT OF BEGINNING; THENCE continuing along the northwesterly line of said 10-foot electric and utility easement, the following three (3) calls: North 1.1 degrees 35 minutes 39 seconds West, a distance of 29.08 feet to an angle Point in the northwesterly line ofsaid 10-foot electric and utility easement; North 47 degrees 40 ininutes 44 seconds East, a distance of 26.31 feet to an angle point in the northwesterly, line ofsaid 10-foot electric and utility easement; South 73 degrees 36 minutes 23 seconds East, a distance of 29.22 feet to an angle point in the northwesterly line of said 10-foot electric and utility easement; THENCE South 47 degrees 39 minutes 14 seconds West, departing the northerly line of said 10- foot electric and utility easement and over, across and through said Lot I-Rl, a distance of"11.70 feet to a point for corner in. the southeasterly line of" said 111-foot electric and utility easement; 1103-022-01 P16A.docx Sheet I o1`2 EXHIBIT "A" 10" Electric and Utility Easement Abandonment Area THENCE along the southeasterly line of said 10-foot electric and utility casement, the following three (3) calls: North 73 degrees 36 minutes 23 seconds West, a distance of 17.53 feet to an angle point in the southeasterly line of said 10 -foot electric and utility casement; South 47 degrees 40 minutes 44 seconds West, a distance of 15,00 feet to an angle point in the southeasterly line of said 141-foot electric and utility casement; South 11 degrees 3,5 minutes 39 seconds East, a distance of 17,44 feet to a -point for comer; THENCE South 47 degrees 3 9 minutes '14 seconds West, departing the southeaster] y line of said 10 foot electric and utility easement and over, across and through said Lot 1 -TAI, a distance of 11.64 feet to the POINT OF BEGINNING, containing 673 square feet (0.015 acre) of land, more or less. This description is accompanied by asurvey plat of even date. All bearings and coordinates are based on the'['cxas State Plane Coordinate System, North Central Zone, NAD 8,3. All distances and coordinates shown are surface and may be converted to grid by dividing, by a combined scale factor of 1.00012. 1, Chad A. Gulick, a Registered Professional Land Surveyor in the State of Texas, hereby certify that this legal description and plat represent an actual survey made on the ground under my supervision. OF NO ................. CHAD X MUCK ................ . . .................. ... Chad A. Gulick Date z a021 Registered Professional Land Surveyor Texas Registration No. 6021 4.- Cobb, Fendley &Associates, Inc, TBPLS Firm Registration No. 100467 6801 Gaylord Parkway, Suite 302 Frisco, Texas 75034 (972) 335-3214 1103-022-01—P'16A.doex Sheet 2 of 2 SEE DETAIL *A" car n cc mr W GRAPHIC SCALE EXHIBIT ¢ixi "B'"' 14.0 40 0 20 40 GLENVIEW DRIVE (W R.O.W.) ill 4'*IE 347.50' 1 inc'h'- 40 ft, 11 IRON 12' TXU ELEC. ESMT. END. 01PUt Akin HILLS N: 6 68 BAPTIST CHURCII OF DETAIL "A' E. 2,3157%881'15.(I? FORT WORTH 1/2* IRON ! ROD IINST, No. D197201895 , Y`w FN I W/ RED CAP O.P R.T,C.T. , II II IOOD N Al L I .111NN FN D r LINE TABLE Ll L2 -0 h g II IE BEARING LENGTH_ 1/2' 1 IRON ROD I N28'30'04"E 0.66� TFNI WIRED Il 2 W CAP CAP N84-01,18"E '35'39"W 29M' N47 "4 0 44 S73-36 '23 E 2621' E L ELEC, &: UT1, ESMT, sai yl $1,70' CAB. A, St- 13,048, P-R,T,C,T II N T7- N73'3314 36 23 17®53'' 10' WATER LINE EASEMENT U, VOL, 8258, PG, 112!2 17.44' DA,T.C.T. ii 47 °3914 b Tl 1_.6 _47— 673 S.F. (0.015 ACRE) LOT 1—R1 PARCHMAN ADDITION CM AA SL. 13048 P'.R.T.C.L 'j1k f P NI WATER LINE EASEMENT VOL 9155 FROl NEW PUBLIC UTUTY PG. 3811 (BY SEPARATE T INSIRIUMENT) zol A3 3418' IRON R 0 FNl ':a o 0\ OF ........... CHAD A, GUUCK .................. % 6021 ?X� S 171 < 0 Lj z Do 15'X70' VCHT MSelLfTY UTIL CSMT, CAB A. S L, 13048 PR T.c , T. 5" R,.4 WC DEDICATION CAB. A. SL, 13648 P'n T'C' `. LE cN Q P.O.C, POINT OF COM MON01% P.O.S. POINT OF BEGlINIVING l 00NI'ROl MONUMENT P-R.T.C-T- PAT RECORDS OF TARRANT COUNTY, TEXAS D.R.T.C7. DEED RECORDS OF TARRANT COUNTY, TEXAS OY.R.TC.T, -,OFFICWPUBUC RECORDS OF TARRANT COUNTY, TEXAS Cr " MONUMCNIT FOUl NOTED) 0 -POINT TOR CORNER (NOTHING FOUND OR SET) NOTE& 1. All bearings and coordinates are based on the Texas SIM Pie no Coordinate System, North Cal Zone, NAD 83. All distances and 00ordinate6 shown are surface and miay be Converted to grid by dividing by a cornbined scale factor of 1.00012. 2 - This survey plat is a0c ornpanied by a separate prop" desalption of even date. ............ Chad A. Gulldk Date Registered Professional Land Surveyor No- 60211 DA'PF 0&13=13 EX " HI "B man IN r " DRAWN NY� CHECKED BY. I O'ELECTRIC & UTILITY EASEMENT N1 obbFendley J'r CAS Tl P Pm Poqkstrsom No 274 1� ABANDONMENT AREA TSPLS Fkm WaVal No. 100461 gqEi'7N6 JOB NUMBER� 6801 Gayiord Parkway, Su fte 302 1 Of I 1103.022-011 673 Std. FT. OUT OF THE Frisco. Texas 75034 SHEET 10. A.G. WALKER SURVEY, ABSTRACT NO. 16W 972 335.3214 1 fox 9723352202 11101-1211 0 ­fht C0013 CITY OF NORTH RICHLMD HILLS, TARRANTa)UNW, TEXAS WWW=I;IbfendlqyxWI QUITCLAIM DEED Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number. Date: Grantor: CITY OF NORTH RICHLAND HILLS, Tarrant County, Texas Grantor's Mailing Address (including county): P.O. Box 820609 North Richland Hills Tarrant County, Texas 76182 -0609 Grantee: North Richland Hills Baptist Church Grantee's Mailing Address (including county): 6955 Boulevard 26 North Richland Hills Tarrant Cou my Texas 76180 Consideration: TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged. Property: The portion of easement, described on Exhibit A and depicted on Exhibit B attached hereto as the portion of easement to be abandoned, such easement portion being located within Lot 1R1 of the Parchman Addition in North Richland Hills, Tarrant County, Texas, Reservations from Conveyance: None. Grantor, for the Consideration and subject to the Reservations from Conveyance, quitclaims to Grantee all of Grantor's right, title, and interest in and to the property, to have and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Neither Grantor nor Grantor's heirs, executors, administrators, successors, or assigns shall have, claim, or demand any right or title to the property or any part of it. When the context requires, singular nouns and pronouns include the plural. SIGNED this day of , 2013 GRANTOR: CITY OF NORTH RICHLAND HILLS, TEXAS :J Mark Hindman, City Manager F=C63 iI24 101TITI4 :1 BIH ITI I =124 II I STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day, personally appeared Mark Hindman, City Manager of the City of North Richland Hills, a Texas municipality, and acknowledged to me that he executed the same for the purposes and consideration, therein expressed, and in the capacity therein stated as the act and deed of the City of North Richland Hills, Texas. SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the day of )2014. Notary Public in and for The State of Texas After Recording, please return to: North Richland Hills Baptist Church 6955 Boulevard 26 North Richland Hills, TX 76180 EXHIBI'll" "A" I ' Electric and Utility Easement Abandonnient Area BEING a 673 square foot (0.015 acre) tract contained within the A.G. Walker Survey, Abstract No, 1630, City of North Richland Hills, Tarrant County, Texas, and being part of Lot 1 -R.1 of Parchman Addition, ail addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Cabinet A, Slide 13048 of the Plat Records of Tarrant County, Texas, said tract also being part of that certain tract of land described in a Special Warranty Deed with Vendor's Lien to North Richland Hills Baptist Church of Fort Worth as recorded in Instrument Number D197201895 of the Official Public Records of Tarrant County, Texas, said 6,73 square foot tract being more particularly described as follows: COMMENCING at a 112-inch iron rod with red cap found for the northwest comer of said Lot 1 -R 1, said point being the intersection of the southerly right-of-way line of Glenview Drive (a 68-foot right-ol-way) with the easterly right-of-way line of Parchman Street (a 50-41)ot right-oll way; THENCE South 00 degrees 18 minutes 46 seconds East, along the easterly right-of-way line of said Parchnian Street, a distance of 1,3 85.25 feet to a point for the most westerly northwest comer of a 1. 0-foot electric and utility easement as shown on said plat of Lot 1 -R 1, Parchman Addition; '11" H E N CE North 47 degrees 3,9 minutes 14 seconds East, departing the easterly right-of-way I i tie of said Parchman Street and along the northwesterly line of said I 0-foot electric and utility easement, a distance of 312,30 feet (flat: 329.39 feet) to an angle point in the northwesterly line of said 10-t'oot electric and utility easement, said point being the POINT OF BEGINNING; THENCE continuing along the northwesterly line of said 10-foot electric and utility easement, the following three (3) calls: North 1.1 degrees 35 minutes 39 seconds West, a distance of 29.08 feet to an angle Point in the northwesterly line ofsaid 10-foot electric and utility easement; North 47 degrees 40 ininutes 44 seconds East, a distance of 26.31 feet to an angle point in the northwesterly, line ofsaid 10-foot electric and utility easement; South 73 degrees 36 minutes 23 seconds East, a distance of 29.22 feet to an angle point in the northwesterly line of said 10-foot electric and utility easement; THENCE South 47 degrees 39 minutes 14 seconds West, departing the northerly line of said 10- foot electric and utility easement and over, across and through said Lot I-Rl, a distance of"11.70 feet to a point for corner in. the southeasterly line of" said 111-foot electric and utility easement; 1103-022-01 P16A.docx Sheet I o1`2 HIC SCALE EXHIBIT "Bill GRAP (In f"O 40 0 20 40 SEE D - ET , AIL 'A' GLENMEW DRIVE (68' R.O.W,) N89'41'114"E 347,50' I inch — 40 ft, IRON 12' IXU ELEC. ESMT. END. A S_ 13048 P-R.T, CAB. C, 7, r. Ul. L;. � I JM 6,91B5. 15.40 BAP11ST CHURCH OF DETAII. 'A' E: 2,355�,1'301ZOI FORT WORTH 1/2" IRON ROD INST, No. D19172011895 I-'­ END. W1 RED CAP (C-M.) O.P.R.T.C.T. ,ire zo Cv 2 Vi f­_ ill LLI LJ CO r- V) 0 0 (r) z W NIAIIL \ & FN R FOUND 4b Ll L2 0 j P DRAWN BY: I RON ROD O. W"k/ RED N- 111, CAP' GAG ABANDONMENT AREA ( C.M M (.) WATER LINE EASEMIEN T ELEC. & UTIL_ ESMT, CAM A, SL. 13040, P R,T.CJ, L 10' WATER LINE rASEMIENT VOL_ 8256, FIG. 1122 I I M022-01 673 SQ. Fr OUT OF THE Fusco. Texas 75034 673 &F (0.015 ACRE) 972.335.3214 p fax 972,335.3,202 r,om IN= PROIPUStl) NEW PUBLIC U nLJ rY EASEMENT "I'lSEPARATE "IsTIMUNT) n R g36a'IRON (0 FND. OF . S < CE Id 0 z < > 15'XV SIGHT wieiury & LJITL C5MT, CA9.,A, SL. 13048 P,R.T,C.T. 5' R.O W_ DEDICATICNt CAB. A. SL 113048 IP 11 rx"T T. LEGEND P.Q.C, POINT OF COMMENCING P.O.B. POINT OF BEONNIING (CK) CONTROUING MONUMENT P.R.T.C.T. PLAT RECORDS, OF TAARANT COUNTY, TEXAS 0, R,T.CT DEED RECORDS OF 7ARRANT COUNTY. TEXAS O.P.R.T.C.T. � OFF ClAt PUBLIC RE CO RDS OF TARRANT COUNTY, TEXAS O' ® MONUMENT FOUND (AS NOTED) 0 = POINT FOR CORNEA (NOTI IING FOUND OR SET) NOTE& 1. Xf bearings and coordinates are based on the Texas State Plane Coordinate System, North Central Zone. NAD 83. All distances and coordinates shom afrosurface and may be converted to grid by dl Wdingi by a combined scale factor of 1 ACO 12, 2, 7b4s survey pleat is acoompainied by a separate property description of even date. CHAD A. GU K ........... Chad A. Gulick Fate Registered Professional Land Surveyor No. 6021 DATE" 0811 U21013 4b EXHIBIT "B" P DRAWN BY: 'j N- 111, JT GAG ABANDONMENT AREA TUPE Men Roq1stro#on No, 274 TBPLS Elgin Ftoglstmbw No. 100467 WATER LINE EASEMIEN T J06 NUMBER: VOL. 9155 PC. 1 of I I I M022-01 673 SQ. Fr OUT OF THE Fusco. Texas 75034 SHEETM A.G. WALKER SURVEY, ABSTRACT NO, 1630 972.335.3214 p fax 972,335.3,202 1103-022-01 P18A.dv1 CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS PROIPUStl) NEW PUBLIC U nLJ rY EASEMENT "I'lSEPARATE "IsTIMUNT) n R g36a'IRON (0 FND. OF . S < CE Id 0 z < > 15'XV SIGHT wieiury & LJITL C5MT, CA9.,A, SL. 13048 P,R.T,C.T. 5' R.O W_ DEDICATICNt CAB. A. SL 113048 IP 11 rx"T T. LEGEND P.Q.C, POINT OF COMMENCING P.O.B. POINT OF BEONNIING (CK) CONTROUING MONUMENT P.R.T.C.T. PLAT RECORDS, OF TAARANT COUNTY, TEXAS 0, R,T.CT DEED RECORDS OF 7ARRANT COUNTY. TEXAS O.P.R.T.C.T. � OFF ClAt PUBLIC RE CO RDS OF TARRANT COUNTY, TEXAS O' ® MONUMENT FOUND (AS NOTED) 0 = POINT FOR CORNEA (NOTI IING FOUND OR SET) NOTE& 1. Xf bearings and coordinates are based on the Texas State Plane Coordinate System, North Central Zone. NAD 83. All distances and coordinates shom afrosurface and may be converted to grid by dl Wdingi by a combined scale factor of 1 ACO 12, 2, 7b4s survey pleat is acoompainied by a separate property description of even date. CHAD A. GU K ........... Chad A. Gulick Fate Registered Professional Land Surveyor No. 6021 DATE" 0811 U21013 SCALE: 1"- 40' EXHIBIT "B" . ................ — One IS loc 6 r obbFendley DRAWN BY: CHECKEQBY�� 1VELECTRIC & UTILITY EASEMENT JT GAG ABANDONMENT AREA TUPE Men Roq1stro#on No, 274 TBPLS Elgin Ftoglstmbw No. 100467 SHEETNQ� J06 NUMBER: 01301 Gaylord Parkway, suite 302 1 of I I I M022-01 673 SQ. Fr OUT OF THE Fusco. Texas 75034 SHEETM A.G. WALKER SURVEY, ABSTRACT NO, 1630 972.335.3214 p fax 972,335.3,202 1103-022-01 P18A.dv1 CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS www.cObfendley,com N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. C.0 PUBLIC HEARINGS N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. CA TR 2014 -03 Public Hearing and Consideration of amendments to Article V, Division 4 of Chapter 118 of the North Richland Hills Code of Ordinances regarding commercial architecture standards. Ordinance No. 3316. REQUEST TO CONTINUE THIS ITEM TO THE AUGUST 25, 2014 MEETING. Presenter: John Pitstick, Planning & Development Director SUMMARY: Staff has had work sessions with the Planning & Zoning Commission and City Council regarding updating commercial architecture standards. Due to the large City Council agenda and absence of some officials and personnel at the August 11, 2014 meeting, staff is requesting to open and continue the public hearing for Ordinance 3316 regarding commercial architecture standards to the August 25, 2014 City Council meeting. The formal ordinance is being presented to the Planning & Zoning Commission on Thursday, August 7, 2014 and a recommendation will be forwarded to the August 25, 2014 City Council meeting. N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. C.2 SUP 2014 -03 Public Hearing and Consideration of a request from R. Lynn Motheral for a Special Use Permit for an accessory building greater than 500 square feet located at 7113 Douglas Lane. CONTINUED FROM JULY 14, 2014 MEETING. Ordinance 3320 Presenter: John Pitstick, Planning and Development Director CASE SUMMARY: Mr. R. Lynn Motheral is requesting a Special Use Permit for an accessory structure greater than 500 square feet in area on a single - family property zoned "R -1 -S" Special Single Family Residential located at 7113 Douglas Lane. CASE DESCRIPTION: Mr. Motheral is requesting a 1,000 square foot metal building with full masonry on the front (east facing) side and metal on the other sides of the building. The building would be measured as 25 -feet wide by 40 feet deep and 13 -feet tall (ridge) with two access doors and one roll -top garage door. The following table summarizes City Council's approval history of accessory buildings larger than 500 square feet since 2007: Of the seven, the only Council- approved 100% metal large accessory building since 2007 was the 1,500 square foot building at 7008 Douglas Lane (right). That one was approved on AG- zoned property and was meant to replace an existing dilapidated wood /metal structure. SUP 2008 -01 7008 Douglas Ln 3/17/2008 AG 1,500 s.f. No, metal SUP 2010 -06 7955 Bursey Rd 11/8/2010 AG 704 s.f. 100% SUP 2010 -08 6800 Little Ranch Rd 1 211 3120 1 0 R -1 -S 1,120 s.f. 100% SUP 2010 -09 7609 North Forty Rd 5/9/2011 R -1 -S 1,368 s.f. 100% SUP 2011 -08 8912 Amundson Dr 12/12/2011 R -1 -S 1,200 s.f. 100% SUP 2013 -01 7416 Eden Rd 3/4/2013 AG 1,500 s.f. 100% SUP 2013 -06 8713 Stewart 1/13/2014 R -1 -S 3,100 s.f. Wainscot Of the seven, the only Council- approved 100% metal large accessory building since 2007 was the 1,500 square foot building at 7008 Douglas Lane (right). That one was approved on AG- zoned property and was meant to replace an existing dilapidated wood /metal structure. A view of the primary residence from the street. Recent accessory building approvals by City Council contain at least some element of masonry (below). While staff asked the applicant to apply at least a 4 -foot masonry wainscot around the base of the entire building that matches or complements the primary residence, the Planning & Zoning Commission disagreed and desired a full - masonry building. Examples of recent accessory structures approved by City Council as Masonry. USE OF ACCESSORY BUILDING: City staff was also concerned about the use of the building. The NRH definition of a "Customary Home Occupation" specifically excludes contractor's offices and carpenter, electrical and plumbing shops. Mr. Motheral is the President and Owner of Austin Design /Build, whose business website identifies the adjacent residential property at 7109 Douglas Lane (also owned by Mr. Motheral) as the business address. Residential accessory buildings are meant for personal use, such as hobby garages, personal storage, extra vehicle storage, recreation, etc. In response to this concern, Mr. Motheral stated: "I am a general contractor that does `none' of the actual work on my projects. To date, a large majority of my business is testifying in court in Construction Defect Litigation cases and Construction Forensics for law firms, builders and homeowners. 1 do not presently store construction materials for projects I'm working on for other people and have no in ten tion to store materials for future projects for my clients at my home. " Mr. Motheral further states that the building is intended to be used for the storage of four wheelers, cars, a tractor and other equipment he owns that he uses to maintain his 4- acre property and a 53 -acre property in Montague County. He acknowledges neighbors' concerns for the appearance of the property and explains that this building will help clean up his back yard. EXISTING ZONING: "R -1 -S" Special Single Family Residential EXISTING PLATTING: The property is platted as Lot 4, Smith Addition F ill QI1=[y= 1124 111V ,to]L4 II24 [HIW=1kgIAK ��= I North: R -1 -S 1 Low Density Residential East: AG 1 Low Density Residential South: R-1 -S 1 Low Density Residential West: R -21 Low Density Residential THOROUGHFARE PLAN: The property fronts Douglas Lane, a "C2U" 2 -lane undivided collector with 60 -feet of right -of -way and a design speed of 30 -40 MPH. SUPPORT & OPPOSITION LETTERS: A petition has been received by Mr. Motheral with 23 surrounding property owners in support of this request. Please also see attached letter of opposition from Peggy Smith at 7121 Douglas which is two lots away from the request. The letter of opposition is 17% of the surrounding property area which does not meet the 20% threshold and does not require an override vote. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their July 17, 2014 meeting and voted 5 -1 (Luppy) to recommend denial. The denial recommendation was for Mr. Motheral's original request for a 100% metal building. The Commission discussed the option of a 4 -foot masonry wainscot but decided instead to consider the application as proposed by the applicant. VICINITY MAP AERIAL PHOTO PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL r Applicant: R. Lynn Motheral Location: 7113 Douglas Ln You are receiving this notice because you are a property owner of record within 2010 feet of the property shown on the attached map. I Purpose of Public Hearinn A Public Hearing is being held to Consider a request from R. Lynn Motheral for a Special Use Permit for an accessory building greater than 500 square feet located at 7113 Douglas Ln. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, JUNE 19, '2414 CITY COUNCIL 7:00 PM MONDAY, JULY 14, 2414 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 IN. E. LOOP $20 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) 427-16300 Fax (817) 427-6303 LIST OF NOTIFIED PROPERTY OWNERS Suresh, James A Etux M Schultz, Tracey L Etvir Benjam Davis, lathy S Etvir Robert Vonette 7124 Douglas Ln 7112 Douglas Ln 7108 Douglas Ln (Fort Worth Tx 76182 -7701 Fort Worth Tx 76182 -7701 NRH Tx 76182 -7701 Christopher, Chester & Marcia Smith, Peggy L Cooper„ Diane K 7125 Douglas Ln 7121 Douglas Ln 7117 Douglas Ln Fort Worth Tx 761182 -7702 Fort Worth 'Tx 76182 -7702 NRH Tx 76182 -7702 Motheral„ R Lynn Etux T A Hart Armstrong, Ronald S Etux Anita Copeland, Marein 7109 Douglas Ln 7105 Douglas Ln 7120 Windhaven Rd NRH Tx 76182-7702 Fort Worth Tx 76182 - 7702 NRH Tx 76182- 3+325 Cross, Christopher Etux Wendy Mattox, Clifford C & Kathryn C Combs, Celia MI Etvir dank L 7116 Windhaven Rd IMattox Family Living Trust 7108 Windhaven Rd Fort Worth Tx 761'82 -0825 7112 Windhaven Rd NRIHI Tx 76182 -3325 NRH Tx 76182 -3325 Hartsell„ Tommy Jr Etux Tina R Arceneaux, 'earl Etux Carolyn Gonzalez„ Marietta 7104 Windhaven Rd 7100 Windhaven Rd 7036 Windhaven Rd Fort'W'Worth Tx 76182 -3325 Fart Worth Tx 76182 -3325 NRH Tx 76182 -33351 Mathis, Wesley W Etux Jessica Liebold, Oliver & May Chen Jaytten Holdings LLC PC Box 820283 3300 Pine Hurst Trl Apt 250 2601 Milk River Xing NRH Tx 76182 -0283 Fart Worth Tx 76137 -3180 Southlake Tx 713092- 3235 Miller, Richard R & Stacy R 7069 Green Ridge T0 Fort Worth Tx 76182 -3309 PETITION Thursday, July 17, 2014 Re; 7113 Douglas Lane N.R.H. Tx. 76182 The following residents that reside on Douglas Lane support Mr. MGtheralls'SUP, to construct an all metal building with no masonry apron. The metal Building is consistent with the (6) existing metal building on our street. We strongly urge that Mr. Motherals SUP be accepted without the masonry requirement, b Address Date 7-75 1-7 'i'N 9 Signature Address Date 0-12 Address Date Addiress Date Address Date dd 7 Thursday, July 17, 2014 Re; 7113 Douglas Lane N.R.H. Tx. 76182 The following residents that reside on Douglas Lane support iMr. Motheirals'SUP to construct an aH metal building with no masonry apron. The metal Building is consistent with the (6) existing metal) building on our street, We strongly urge that Mr. Motherals SUP be accepted without the masonry requirement. Signature '7105 V,0241&r,�vt Address ,-7 16 /I)06t4/ Address Address t7 Address Address qlh'7LII� Date '7 1,711V Date 7/17 Date Gate Date Thursday, July 17, 2014 Re; 7113 Douglas Lane N.R.H. Tx. 76182 The following residents that reside on Douglas Lane support Mr. Motherals'SUP to construct an all metal building with no masonry apron. The metal Building is consistent with the (6) existing metal building on our street. We strongly urge that Mr. Motherals SUP be accepted without the imasoinry requirement. Sig cure 67� CT- Signature SiEnature -1-11- Z� WAIII 11 1 Address �A Address Address Date Date 12 — / � — (-/ Date 1"hursday, July 17, 2014 Re, 7113 Douglas Lane N.R-H, Tx. 76182 The following residents that reside on Douglas Lane support Mr. Motheralls'SUP to construct an all meW b0ding with no masonry apton. The metal Building is consistent wlth the (6) existing metal b0ding on our street. We strongly urge that Mr. Motherals SUP be accepted without the masonry requirement, py �t� IVs 14 -I— I I - Signature Address Date ait ft- L 1 7­ Li Slgna uire Address Date ✓ Si at lre Address Date nature Address Date Signature Address 7 MA From* Peaay Srniith To: Clayton, Comistock Cc. BALLBLUdu�z JQhnl ftsfic Subject. SUP 20114-03 at 7113 1 Lane Date: Friday, June 13, 21014 151:35 PM TO: Clayton Comstock, Sir, Planner Copy to: Mark Hindman, City Manager John Pitstick, Director of Planning and DevOolipment Glayton, Thanks for talking with me yesterday. After discussing the proposed changes to the property at 7113 Douglas Ln owned by R Lynn Motheral, I have comments and coincems for consideration by the city in their reviiew of the ireqluest. The description of the buiilding proposed iinitially sounded Iii1ke imany of the outbuilldings in the neighborhood, However, most of those are barns or shelters for horses on properties with 2- 6 acres of land But because tlhls, proposed building is more designed as a detached gairage wiitih closer proximiity to the house on the property, located at the enid of the residential driveway, 11 feel that fits design should complement the Ihouse and comply to the city ordinance, The other concerns 11 have regards, the inteinded use of the, proposed builldiing: The owner has a construction comipainy registered at the adjacent property. Will this garage structure be used as an extension for that company? IIf so, I woluld not like our neighborhood begin looking like a wairehouse district. Our neighborhood is unique in that iit brings a quiet country feel) and Iloo k Wth the larger Ilot sizes. There have been numerous complaints filed wiithi the city by the neighborhood regarding the automotive repairs and activity that takes place in the front driveway at the adjacent property owned by Mr, Motherall . The neighborhood has endured loud engine revving for i on eind during all times of day/night as well as racing of vehicles oin the residential street. Will this gairage structure be used for those activitles? The owner's driveway iis so full of power equipment, cars, a stoirage POD and mateirials that many times vehicles are parked across the pubho sidewalk, The sidewallk is used by school children and our neighbors out for walliks. The street is also a pulbliic access for the fire station located at the south end of the street. Besides an eye sore and disruption to the quiietness of our neighborhood, it could also be claingerolus, Even though the owner is iin the construction busiiiness, it concerns me that there has beein major construction on his adjacent property that do not comply with city ordinance. A pool had Ibeeln built and there is no fence that would meet the city ordinance surrounding lit. And, I was made very awaire of those ordinances with the building of my own pool just prior to the Motheral pool construction. I am hoping that IF this proposal is actually approved by the city, that the city inspectors wiill The allowed to ensure compliance of the buill[diing construction and design and that the owner must follow the city's approval process. My last concern its the junk and equipment that is currently stored on the prolperty. There are at least :3-4 abandoned cars, other vehicles and equipment one the property. I'm sure having a garage structure could be used to store these items, but I also know the proposed size of the structure is not near large einiough to even take care of the existing junk. I would like to see the property cleared of these items and that an approval of the proposed structure does not convey, permission for more of this outdoor storage of abandoned cars and equipment. I'm attaching severall photos for your review as welll. In these you can see how the property is currenitlly maintained and why the neighbors may have concerns based on the owner's current disregard to the property upkeep. I appreciate your consideration of these concerns in your review of this proposal. l do plan to attend the Planning &Zoning meeting on Thursday, June 19thi, Thanks. Reiggy Smith Property owner at 7121 Douglas Lane ORDINANCE NO. 3320 SUP 2014 -03 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW AN ACCESSORY STRUCTURE TO EXCEED 500 SQUARE FEET ON PROPERTY LOCATED AT 7113 DOUGLAS LANE; 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 and the Comprehensive Zoning Ordinance are hereby amended by approving a special use permit to allow an accessory structure to exceed 500 square feet located at the 7113 Douglas Lane 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 11th day of August, 2014 In ►:ri11 =�6 Alicia Richardson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney \� \� .... . . ....... \�` � \ 9 A 07 1� I' - - --- --------- - ----- IN l� r Wq . • �. 25 (Rear cr West Ellevatiion c c� m W t N c c� m W t Z EXCERPT FROM THE MINUTES OF THE JULY 17, 2014 PLANNING AND ZONING COMMISSION MEETING SUP 2014 -03 Public Hearing and Consideration of a request from R. Lynn Motheral for a Special Use Permit for an accessory building greater than 500 square feet located at 7113 Douglas Lane. THIS PUBLIC HEARING IS CONTINUED FROM THE JUNE 19, 2014 MEETING. Clayton Comstock came forward to present the staff overview. This accessory building is 1,000 square foot. This property is located on the west side of Douglas, between Starnes on the north and Hightower on the south. This is a 25' X 40' building with a roll - top door facing Douglas. This is a 100% metal building. For reference, there have been seven (7) requests for accessory buildings greater than 500 square feet in North Richland Hills. The only one approved as 100% metal, in 2008, replaced an existing dilapidated metal building. Since 2008, of the next six (6) requests, all but one (1) approved have been 100% masonry. The last one approved was four (4) foot wainscot masonry on a metal building. The masonry on that size of three thousand (3,000) square foot building was cumbersome. Applicant met us halfway with the wainscoting. Applicant, R. Lynn Motheral, 7109 Douglas Lane, came forward to present his application. He wishes to request a metal building. What he doesn't want to do is the wainscoting. He wants to match the six (6) buildings around him in this immediate neighborhood. He is locked in where you can't see the building from anywhere except the next door neighbor and his property that is next door to this house. Another reason for the metal request is the plasticity of the ground in the area. This foundation will move. With building movement, there becomes a water issue where the metal terminates at the wainscoting. This is the primary reason for the request for full metal, which is more of a maintenance issue than anything else. He also has a list of twenty two (22) of the neighbors supporting his full metal building. Chairman, Randall Shiflet asked the applicant to provide the list to the Recording Secretary so this list can go into the record. Don Bowen wished to reiterate what staff said, in that Mr. Motheral is a contractor. Mr. Bowen asked to be reassured that this building is for his personal use and would not be utilized for his contractor business. It would not be customary for use of this building for a business. Mr. Motheral stated that his son and he work on cars. The purpose of this building is to contain these cars and four - wheeler vehicle into one area. He has a tractor as well. This will clean up his property and driveway. These issues being one of the reasons so many neighbors support the building. The city has been gracious enough to permit him to have a storage building at the front of the property. As soon as this building is completed, that storage building is gone. This building would not be used for his contractor equipment. The majority of the tools that are used are infrared cameras, drain snakes and paperwork in his business as a consultant. Chairman Randall Shiftlet addressed his concern of the trend. The commission has met with the Mayor and City Council regarding this application. Applicant, Motheral has met with them as well. Chairman Shiflet is a resident of the city as well. The area is changing. This property is R1 -S. He would like to see the larger buildings to be allowed on these one (1) acre plus tract rural properties. But if he were permitted to have a 100% metal building, he could have the last one in the city. Chairman Shiflet is requesting some compromise on something that is not 100% metal. Applicant pointed out on the map where a foundation remains from a metal building that had previously been removed as it was no longer safe, as deemed by the city. He stated that this new building is replacing that former metal building. This being similar to the neighbor on the end who was permitted to replace a metal building. Chairman Randall Shiflet opened Public Hearing of CA Special Use Permit at 07:12 PM. Mack Garvin; 6908 Little Ranch Road, spoke in favor. There are about ten (10) buildings on that stretch of street that are wood or metal buildings. The complexion of that area is not going to change any time soon. He understands that the city has a different direction. He totally disagrees with that. There is a place for metal buildings in R -1 -S zoning. Requesting someone like Mr. Motheral to put up a brick building is ridiculous. Getting all of those vehicles away from the front of the property will enhance that neighborhood. Peggy Smith; 7121 Douglas Lane, spoke in opposition. I live two properties north of Mr. Motheral's property. At first, I thought this was like a built -on garage. It is better that it is further back. The driveway is blocked by a tree. Somehow vehicles need to get in and out of that building, but there is no driveway. It would make sense to add some sort of driveway. There are a lot of vehicles on that property. A building this size is not large enough to house all of the junk. My concern is that this proposal allow them to bring more junk onto the two (2) acre property. That mess is currently located between two properties, both owned by Mr. Motheral. Relocation of the junk will bring it in direct visibility of the neighbor just to the north. Greater concern is the intended use of the building regarding noise and activities going on in that driveway. There are plenty of complaints. If we had a responsible neighbor, we probably wouldn't be complaining. Applicant, Lynn Motheral spoke in response to the concerns. He displayed pictures of the neighbor's property directly to the north of his property. He showed trailers, and three (3) to six (6) vehicles parked at that property. He stated that he, as a contractor, doesn't have trailers that large. This neighbor is between Lynn Motheral and Peggy Smith homes. Don Bowen explained that these pictures are not relevant to this application. Bill Schopper brought up that others have built brick accessory buildings, against their preference. He was asking the question of the applicant why the committee should approve this application for a full metal building when these previous individuals were required to build with brick. Applicant, Lynn Motheral brought up the 2008 replacement 100% metal shed that was approved. And he brought the design of previously approved masonry buildings that are placed next to a residential building and is inconsistent color with brick on the existing residence. This new building would match other existing buildings in the neighborhood. This building is in a hidden area. As a contractor, my recommendation to customers is to install property that is "in sprit" with the rest of the area. Zero energy homes may be a better product, but can look hideous in context with the rest of the neighborhood. The 22 other neighbors approve this to improve the neighborhood. Steve Cooper wished to set the record straight. Mr. Cooper heard Mr. Motheral indicate that he was being slammed as a general contractor. He has not heard anyone from this committee slamming him as a general contractor. Mr. Cooper addressed that we never get a change if we continue to build back to the same thing that we previously had. Mark Haynes asked for clarification if this building was directly behind his rental property or the property where he lives. Applicant, Lynn Motheral responded that this accessory building is behind his rental property. Mr. Motheral lives next door. Chairman, Randall Shiflet closed Public Hearing of CA Special Use Permit at 07:36 PM. Don Bowen discussed that there are two options. It could be denied as presented or it could be approved subject to application of elements of masonry. The applicant is not proposing to do any masonry. Bill Schopper discussed that wainscoting is ugly. He was confused about the "code compliance" of wainscoting. Clayton Comstock responded that wainscoting is not code. None of these options above 500 square feet are code. The expectation from the city is that the building be at least 85% masonry. This has been discussed with Mr. Motheral, but he still wished to present the 100% metal building to the commission. FAILURE TO PASS MOTION Don Bowen motioned to approve SUP 2014 -03 subject to the wainscoting masonry option. The motion was not seconded by any Commission Member. Don Bowen withdrew his motion. Don Bowen summarized that Mr. Motheral is proposing a 100% metal building. This is what has been proposed to the council. Council has clearly stipulated the expectation of 85% masonry. Mr. Motheral is not showing any indication of making concessions, which is why the committee is not in favor of this application. DENIAL Steve Cooper motioned to deny SUP 2014 -03 as presented. The motion was seconded by Bill Schopper. The motion passed 5 -1 (Luppy). Chairman Randall Shiflet informed the applicant that he has the right to appeal this decision to City Council. N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. C.3 SUP 2013 -03 Public Hearing and Consideration of a request from Zone Systems, Inc. for a Special Use Permit for a telecommunications tower on the campus of Fort Worth Christian School at 6200 Holiday Lane. Ordinance 3322 Presenter: John Pitstick, Planning and Development Director CASE SUMMARY: On behalf of Verizon Wireless and Fort Worth Christian School (FWC), Zone Systems, Inc. is requesting approval of a Special Use Permit to allow a new 104 -foot telecommunications tower and associated equipment near the center of FWC's 41 -acre campus. The monopole tower would also double as a centerfield light standard for the campus's primary baseball field. CASE REVIEW: The cellular provider driving this application is Verizon Wireless. According to their site plan submittal, the top of the highest antenna array would be at 94 -feet and would allow 12 antennae. One more "future" antenna array would be possible on the proposed monopole, bringing the total possible antenna to 24. Stadium lighting would be affixed to the monopole at heights between 60 feet and 69 feet —the same height as the other two light standards for the baseball field. The lights themselves would meet NRH's new outdoor lighting requirements and would be outfitted' ° with shields /hoods. A lighting rod would be affixed to the monopole, whereby bringing the overall height to 104 feet. C' BTACNLI"f LLSNT�K3_G:E Typically, the City requires a masonry screening wall around telecommunications tower equipment sheds. In this case, the shed is proposed to be blended in with the metal panels of the outfield wall. The shrubs typically required to supplement the equipment screening would also feel incompatible with the surrounding area, so landscaping would be in the form of five (5) Chinquapin Oak trees and four (4) Vitex trees planted and irrigated around the area in a random /natural pattern. The area of the proposed equipment shed. The shed would match the same material and color as the outfield fence and would be screened by large and small trees. CURRENT ZONING: Fort Worth Christian School campus is zoned "U" Institutional. COMPREHENSIVE PLAN: Public 1 Semi - Public SURROUNDING ZONING 1 LAND USE: North: Multi - Family, Commercial & Institutional PD 1 High Density Residential & Neighborhood Service West: R -7 -MF Multi - Family 1 High Density Residential South: R -2 Single Family 1 Low Density Residential East: Single Family, Institutional & Commercial 1 Low Density Residential & Neighborhood Service PLAT STATUS: Lot 1R, Block A, College Hill Addition (case RP 2012 -02 approved July 12, 2012). STAFF RECOMMENDATION: Staff has reviewed the case against the requirements provided in Article VI of the Zoning Ordinance regarding tower spacing, residential setbacks, tower need justification, shared use, and visual impacts. Staff recommends approval of SUP 2013 -03 as presented. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission held a public hearing and considered this item at their July 17, 2014 meeting and voted 6 -0 to recommend approval of SUP 2013 -03. VICINITY MAP 0 0 a J a w a PUBLIC HEARING NOTIFICATION "X NOTICE, OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION PX- AND CITY COUNCIL Case Numbers: SUP 2013-03 & SUP 2014-08 Applicant: Fort Worth Christian School Location., 6200 Holiday Ln Your are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. j Purpose of Public Hearings: SUP 2013-03: A Public Hearing is being held to consider a request from Zone Systems, Inc. for a Special Use Permit for a telecommunications lower on the campus of Fort Worth Christian School at 6200 Holiday Lane. SUP 2014-08* A Public Hearing to consider a request from Fort Worth Christian School at 6200 Holiday Lane for a Special Use Permit to allow for the construction, of a Chapel /Auditorium with less than the required 85 percent masonry coverage. 211114iff 4110T. M TWVIT411117-ro M. Public Hearing Dates. PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, JULY 17, 2014 CITY COUNCIL 7:00 IPM (MONDAY, AUGUST 11, 2014 Both Mleeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH IRICHILANI 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) 427-6,303 NOTIFIED PROPERTY OWNERS Ft Worth Christian School Inc Eubank, Russell Etux Jennifer Ljc Properties LLC 7517 Bogart Dr 311 W Glade Rd 103,5 Highlands Cir Fort Worth Tx 76180-6225 Colleyville Tx 76034-3613 Los Altos Ca 940,24-7015 Anderson, Mary C Kaeini Family First LLP Gaini, Hossein 1035 Highlands Cir 1230 W Continent1l Blvd 20 Avenue Mont Rabeau Los Altos Ca 914024-7017 Southlake Tx 76092-8403 062010 Nice France Gibson, Brian J Etux Denise R Owen, Carla Anne Taylor, Aaron L 7300 Maple Dr 7304 Maple Dr 7309 Maple Dr Fort Worth Tx 76180-16334 NRH Tx 76180-6334 Fort Worth Tx 76180-6335 Blocker, Bradley R Etux Janna Estrada, Rogelio & Connie Est Williams, Sibyl B 7301 Maple Dr 7300 Deaver Dr 7304 Deaver Dr Fort Worth Tx 76180-6335 NRH Tx 76180-6330 NRH Tx 76180-63310 Villalobos, Jose Moore, Margaret Stokes, Kimberly 2029 Knob Hilll Rd 7404 Bogart Dr 7408 Bogart Dr Azle Tx 76020-6935 Fort Worth Tx 76180-6302 NRH Tx 76180-6302 Sooter, Richard Etux Patricia Tsatoum,as Holdings LLC Griffiith, Joshua A Etux Marie 7412 Bogart Dr PO Box 225880, 7420 Bogart Dr Fort Worth Tx 76180-6302 Dallas Tx 75222-5880 Fort Worth Tx 761810-6302 Golden, Jlami Clevinger, Anthony Etux Ju&th Puckett, Kkk A Etux Kayla K 7424 Bogart Dr 7428 Bogart Dr 7432 Bogart Dr NRH Tx 76180-6302 Fort Worth Tx 76180-6302 Fort Worth Tx 76180-6302 Cooper, Billy Dan Kettering Properties LLC Graves, Charles Adrian 7436 Bogart Dr 1580 Randal Mill Ave 7437 Deaver Dr NRH Tx 76180-6302 Southlake Tx 76092-7888 Fort Worth Tx 76180-6333 Martin, Leisa K Neat, Graig Harskjold, Leroy R 7433 Deaver Dir 7429 Deaver Dr 7425 Deaver Dr Fort Worth Tx 76180-6333 NRH Tx 76180-6333 Fork Worth Tx 76180 -6333 Sower, Patricia Etvir Scott Waller, David M Graham, Kimberly Kay 7421 Deaver Dr 7417 Deaver Dr Thompson Fort Worth Tx 76180-6333 NRH Tx 76180-6333 7413 Deaver Dr NRH Tx 76180-6333 Brown, Edna L Crawford, Paul R Jr EtUx De Lo Alien, Dennis E EtUx Linda. 7409 Cleaver Dr 7405 Deaver Dr 2408 Monterrey St NRH Tx 76180 -6333 NRH Tx 75180 -5888' Arlington Tx 76015-1316, 5peiight, (Inez L Milligan, Brent Etux Tric a Fanning, (Kathy D 7317 Deaver Dr 7309 Deaver Dr 7500 Bogart Dr NRH Tx 761801.5331 Fort Worth Tx 76180 -5331 NRH Tx 76180 -6224 Thorstenson, Diane Morrow, Demruara L Etvir Jahn A Dunaway„ Carol Jane 7504 Bogart Dr 7508 Bogart Dr 7512 Bogart Dr NRH Tx 761801 -6224 NRH Tx 761801 -6224 N'IR H Tx 76180 -6224 Ward, Betty Jean Bukowski, Shelley M Isbell, (Bonnie 3532 Park Hill Dr 7520 Bogart Dr 7524 Bogart Dr' Fort Worth Tx 76109-10019, NRH Tx 76180 -6224 NRH Tx 76180 -6224 Carter, Janet Newman Capital ILLC McQuagge, Harold Etux Deborah 7600 Bogart Dr 7604 Bogart Dr 7608 Bogart Dr NRH Tx 76180 -6226 NRH Tx 76180 -9341 NRH Tx 76180- 6226 Tennison, Wesley P Etux Kristi Benton, Sue Noles Howwington, Virginia Kay 7612 Bogart Dr 7616 Bogart Dr 7620 Bogart Dr Foil Worth Tx 76180 -6226 Font Worth Tx 761806226 Fort Worth Tx 76180- .6226 Grimes, Dennis Etux Ka Grimes Biggers, Billy CD Sharp, [Donald (Lee PO Box 8201153 107 Kimball Dr 7629 [Deaver Dr NRH Tx 76182 -0153 Wake Village Tx 75501 -8623 Fort Worth Tx 76180.6277 Sands, Mary Sylvia Griffin Do„ Phuuc Ngoc Etux Ngu Thi N Capdevila Norberto 7625 Deaver Dr 76211 Deaver Dr 7617 Deaver Dr Fort Worth Tx 76180 -6277 Fart Worth Tx 761801 -6277 NIIRH Tx 76180 -6277 Alford, James L Edwards, Jimmy IEtal Zahasky, Sandra K 4636 Ridgeside D'r 7609 Deaver Dr 7605 Deaver Dr Ni Tx 76180 -8136 Ni Tx 76180- 6277 NII, H Tx 76180 -6277 Winkenwwedeir, Brett Etux Debbie Jlp Property Holdings LLC Stiilli, Jimmy J 76011 Deaver Dr PO Box 16082 7525 Deaver Dr NRH Tx 761801 -6277 Fort Worth Tx 76162 -0082 Fort Worth Tx 76180 -6275 Stalmptey, Brian Banks, Barbara Jean Burns, Mike Etux Nancy 75211 Deaver Dr 7517 Deaver Dr 7513 Deaver Dir NRH Tx 761801 -6275 Fort Worth Tx 76180 -6275 NRH Tx 76180 -6275 Isenhouwer, Feely Etvir Matthew Holguin, Cheyenne Hamilton, Mable Jane 7509 Deaver Dr PAD Box 142001 6951 Payte Ln NRH Tx 761801.6275 Irving Tx 75014 -2001 NRH Tx 76182 -3557 Jackson, Janice H Morgan, Sarnuell LD Etux Amy Clark, John Etux Joanna 7700 Bogart Dr 7704 Bogart Dr 7701 Deaver Dr NRH Tx 761801 -6222 NRH Tx 761801 -6222 N'IRH Tx 76180 -6221 Tairmayo, Jesse F Etux Tamara K Perkins, Jerry Etux Glenna Finley, David M 7701 Bogart Dr 7705 Bogart Dr 6100 Abbott Ave Apt B Fort Worth Tx '76180 -6223 Fort Worth Tx 76180 -6223 NRH Tx 76180 -934 1 Newth, Lorde K Current Owner College Hill Church of Christ 171113 tipper Bay Fed 7457 College Cur 7447 N College Cir Addison Tx '75001 -5047 NRHI, Tx 76180 Fort Worth Tx 76180 -6228 College Hill Church of Christ HI & McB (Properties LP Hcp Sh Elp2 LLC 7445 N College Cir Ste 110 a 1 Icp Inc Fort Worth Tx 76180 - 6231 6000 Western PI # It 3760 Kilroy Airport Way #300 Fort Worth Tx 76107 -4607 Lang Beach Ca 90806 -0000 Glary Chinese Baptist Ch Owen, Linda L 6135 Holiday Ln 208 Montreal Dr NRH Tx 76180 -9329 Hurst Tx 76054 -2217 ORDINANCE NO. 3322 SUP 2013 -03 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW A TELECOMMUNICATIONS TOWER ON PROPERTY LOCATED AT 6200 HOLIDAY LANE; 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 and the Comprehensive Zoning Ordinance are hereby amended by approving a special use permit to allow a telecommunications tower on the campus of Fort Worth Christian School located at Lot 1 R, Block A, College Hill Addition known as 6200 Holiday Lane 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 11th day of August, 2014. In ►:ri11 =�6 Alicia Richardson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney EXHIBIT A May 5, 2014 City of North Richland Hills Development Review Committee 03MOSTIM, i=- TAM,, 0740 Verizon Wireless proposes to locate a cellular antenna facility at the Fort Worth Christian School. Citizens expect cellular service to be high quality wherever they are using their mobile phones and computer equipment. In order to provide high quality service and to get signals into homes and businesses antennas must be located near those homes and businesses. The antennas must also operate in conjunction with the existing antennas that serve the area. Based on current antenna location new antennas are located to provide optimal service to customers. Verizon Wireless strives to provide antennas in the location that will provide optimum service while attempting to locate them in unobtrusive locations. Construction of another light standard along the outfield fence of the baseball field is an excellent example of locating the needed! antenna in a manner that is not noticeable to anyone. Fort Worth Christian School has in the middle of its campus a baseball stadium with tall light standards around it to provide lighting to the pllaying field. An additional light standard will be added to provide more light and to provide a structure to support Verizon Wireless antennas, The light standard is to be located along the outfield fence. The telecommunications equipment that serves the antenna will also be located adjacent to the fenice. The equipment will) be surrounded by fence material that will match the outfield fence. It will not be seen from any street. There, will be a cover to prevent baseballs, that travel over the center field fence from going into the equipment compound. Since the equipment compound will be incorporated into the fence there will be no extra landscaping adjacent to the fence. The equipment consists exclusively of outdoor cabinets. There will be no equipment shelter- The telephone lines and electric lines that serve the equipment compound will be Tun underground as shown on the site plan. Access to the site is on an as needed basis. Technicians attend to the equipment on routine basis and when there is an equipment issue. Routine stops at the site by technicians is approximately once a month. The technicians will park in the parking lot and walk to the site. The antenna structure is clesigineld when it is ordered from the manufacturer. Each monopole is designed for each site individually. The design is based on the equipment planned for the tower along with local building codes. The pole will be a gialvanized pole and will roughly match the existing light standards that now serve as light standards. 'The pole will likely be a little larger than the light standards that now support only the lights. The light standards now have lights at elevations that run from 60 feet to 56 feet. This proposed pole will be a ninety-four (94) foot pole with the lights at the 60 to 66 foot level and the cellular antennas at the 90, foot level and the 80 foot levels. Attached are examples of structural designs of recently constructed monopoles that are designed for other specifiG sites. 1620 HANDLEY DRIVE, SWITE A - DALLAS, TEXAS 75208 - X(2111) 941 41140 ' FAX f214) 941 5259 Staff asked for a map that provides a one mile radius with locations of existing antenna sites in that radius. The map Is attached. There is one monopole northeast of this site approximately 5,000 feet from this site. There are three electrical transmission towers with antennas on them that are approximately 3,500 feet to the southeast. Those antenna sites are not located in places that would serve the Verizon system. Enclosed are maps that provide the location of existing Verizon Wireless sites and the same maps with the new Fort Worth Christian School site on the air so to speak, The heavy green areas indicate excellent coverage that gets strong signals into homes and businesses. The lighter and different colors indicate lower signal strengths around each site. Thank you for working with us, on this request to build a new antenna structure in the form of a light standard at the baseball field. Alll ground equipment will be concealed behind a structure that will appear to be part of the outfield fence of the baseball field that will benefit from the new light standard. Thank you for your consideration. Sincerely, eter avanag z 0 a J J a U) z w w 0 w w 0 LL w ED a a w C7 a w 0 U J J w U r r Tr I Lo L F] -1 z 0 U) z w w 0 w LL (L w C) w 0 0 Ln Ln iLn '7' Y 'T 7 I 9 � P n � W V I J t l� + a r • h ,y, y /' F a A JJJ r r a^�: R Vj Fr. , uj 0q (9v �7jl U) Z tq., t n x ul LU MA MomOm 21 6M 2H 1 11 / ) I z u 9 F e . ul �z id Q Oy 9. CC 06 SVX�11'SIIM a NV'lH3t8 H180IN IO OHO S NVIISINHO HING M I NO A11,113VA SS9138MA NOZT89A A �,v IN y io � 1'-K" z J a z 0 w J m m m W W H "UCH3H ,3 h1M1'1131lIFNO FNI li9 V IkiO Al1�tlI�V� S'S3"13�IM.J!�Ai�4ii'�A. n � 1, �..... 6 q � �J i; "r I r JA N i � �J i; "r r JA N i � �J EXCERPT FROM THE MINUTES OF THE JULY 17, 2014 PLANNING AND ZONING COMMISSION MEETING SUP 2013 -03 Public Hearing and Consideration of a request from Zone Systems, Inc. for a Special Use Permit for a telecomm unications tower on the campus of Fort Worth Christian School at 6200 Holiday Lane. Clayton Comstock came forward to present the staff overview. This is the first of two (2) applications on the agenda for Fort Worth Christian. Zone Systems is requesting on behalf of Verizon Wireless and Fort Worth Christian for one hundred and four (104) foot telecommunications cell tower on campus. The tower would be on the light standard by the baseball field. Light standards would be at the same level as existing. Steven Cooper asked if this application is requesting a variance to the metal building materials as well as request for installation of a cell tower. Clayton Comstock agreed that this application was both for variance of the masonry requirement as well as construction of the cell tower. Applicant, Pater Kavanaugh, 1620 Handley Drive; Dallas, TX; 75208; representing Zone Systems, came forward to present his application. As a society, we all depend on cell phones. Antennas must be up high enough to get the phones to work. We do our best to hide these towers within the community. They can generally be placed on TXU transmission towers. There will be a sixteen (16) foot fence to protect the equipment from high flying baseballs. This tower will have room available to service another carrier, should the need exist. We are taking advantage of the long term planning of Fort Worth Christian. Jerry Tyner asked the size of the equipment shed where their equipment would be stored. Applicant, Kavanaugh stated that their lease space is twenty (20) feet deep by thirty (30) feet wide. Chairman Randall Shiflet asked if this tower is tall enough to require FAA lighting. Applicant, Kavanaugh stated that they generally receive FAA approval anyway, but that requirement is generally established at two hundred (200) feet minimum. If air ambulance lighting is required, FAA would acknowledge Zone Systems. Chairman Randall Shiflet opened Public Hearing of C.5 Special Use Permit at 08:48 PM. Being no discussion, Chairman, Randall Shiflet closed Public Hearing of C.5 Special Use Permit at 08:48 PM. APPROVAL Steven Cooper motioned to approve SUP 2013 -03. The motion was seconded by Don Bowen. The motion passed unanimously (6 -0). N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. CA SUP 2014 -08 Public Hearing and Consideration of a request from Fort Worth Christian School at 6200 Holiday Lane for a Special Use Permit to allow for the construction of a Chapel /Auditorium with less than the required 85 percent masonry coverage. Ordinance 3323 Presenter: John Pitstick, Planning & Development Director CASE SUMMARY: Fort Worth Christian School (FWC) is requesting approval of a Special Use Permit under the provision of Section 118- 674(c) to allow the use of non - masonry building materials in excess of 15% of a building's facade for their new chapellauditorium building located near the center of their 41 -acre campus. CASE REVIEW: The proposed building will be used as a chapel, auditorium, and performing arts center and reaches nearly 45 feet in height for much of the building's area. Because of the building's mass and scale, the architects have proposed using multiple building materials, textures and colors to break up the facades. The below table shows the percentages of masonry proposed versus the required 85 %: Additionally, non - masonry material is typically required to be placed above eight feet in height. This is because such materials are more prone to scaring, chipping, feeling, denting, etc. from the interface with humans, lawn maintenance equipment, landscaping, etc. Staff has requested that the architect bring masonry to an eight foot height where architecturally feasible. The proposed elevations are attached for review. The applicant has also provided pictures and examples of the architectural style they wish to achieve on the building. They would like it to match the existing Administration Building, which would be attached north. CURRENT ZONING: Fort Worth Christian School campus is zoned "U" Institutional. WelLII,0 =11:I=124R -1 0 =1111:1WT124M=01=00111011=Olin [4HN; z0l1J'II]IL4 [w,0724 1124"AWT124I9V ��=1 North: Multi - Family, Commercial & Institutional PD 1 High Density Residential & Neighborhood Service West: R -7 -MF Multi - Family 1 High Density Residential South: R -2 Single Family 1 Low Density Residential East: Single Family, Institutional & Commercial 1 Low Density Residential & Neighborhood Service PLAT STATUS: Lot 1R, Block A, College Hill Addition (case RP 2012 -02 approved July 12, 2012). PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their July 17, 2014 meeting and voted 6 -0 to recommend approval. STAFF RECOMMENDATION: Approval of SUP 2014 -08, Ordinance No. 3323. VICINITY MAP 0 0 a J a w a PUBLIC HEARING NOTIFICATION "X NOTICE, OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION PX- AND CITY COUNCIL Case Numbers: SUP 2013-03 & SUP 2014-08 Applicant: Fort Worth Christian School Location., 6200 Holiday Ln Your are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. j Purpose of Public Hearings: SUP 2013-03: A Public Hearing is being held to consider a request from Zone Systems, Inc. for a Special Use Permit for a telecommunications lower on the campus of Fort Worth Christian School at 6200 Holiday Lane. SUP 2014-08* A Public Hearing to consider a request from Fort Worth Christian School at 6200 Holiday Lane for a Special Use Permit to allow for the construction, of a Chapel /Auditorium with less than the required 85 percent masonry coverage. 211114iff 4110T. M TWVIT411117-ro M. Public Hearing Dates. PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, JULY 17, 2014 CITY COUNCIL 7:00 IPM (MONDAY, AUGUST 11, 2014 Both Mleeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH IRICHILANI 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) 427-6,303 NOTIFIED PROPERTY OWNERS Ft Worth Christian School Inc Eubank, Russell Etux Jennifer Ljc Properties LLC 7517 Bogart Dr 311 W Glade Rd 103,5 Highlands Cir Fort Worth Tx 76180-6225 Colleyville Tx 76034-3613 Los Altos Ca 940,24-7015 Anderson, Mary C Kaeini Family First LLP Gaini, Hossein 1035 Highlands Cir 1230 W Continent1l Blvd 20 Avenue Mont Rabeau Los Altos Ca 914024-7017 Southlake Tx 76092-8403 062010 Nice France Gibson, Brian J Etux Denise R Owen, Carla Anne Taylor, Aaron L 7300 Maple Dr 7304 Maple Dr 7309 Maple Dr Fort Worth Tx 76180-16334 NRH Tx 76180-6334 Fort Worth Tx 76180-6335 Blocker, Bradley R Etux Janna Estrada, Rogelio & Connie Est Williams, Sibyl B 7301 Maple Dr 7300 Deaver Dr 7304 Deaver Dr Fort Worth Tx 76180-6335 NRH Tx 76180-6330 NRH Tx 76180-63310 Villalobos, Jose Moore, Margaret Stokes, Kimberly 2029 Knob Hilll Rd 7404 Bogart Dr 7408 Bogart Dr Azle Tx 76020-6935 Fort Worth Tx 76180-6302 NRH Tx 76180-6302 Sooter, Richard Etux Patricia Tsatoum,as Holdings LLC Griffiith, Joshua A Etux Marie 7412 Bogart Dr PO Box 225880, 7420 Bogart Dr Fort Worth Tx 76180-6302 Dallas Tx 75222-5880 Fort Worth Tx 761810-6302 Golden, Jlami Clevinger, Anthony Etux Ju&th Puckett, Kkk A Etux Kayla K 7424 Bogart Dr 7428 Bogart Dr 7432 Bogart Dr NRH Tx 76180-6302 Fort Worth Tx 76180-6302 Fort Worth Tx 76180-6302 Cooper, Billy Dan Kettering Properties LLC Graves, Charles Adrian 7436 Bogart Dr 1580 Randal Mill Ave 7437 Deaver Dr NRH Tx 76180-6302 Southlake Tx 76092-7888 Fort Worth Tx 76180-6333 Martin, Leisa K Neat, Graig Harskjold, Leroy R 7433 Deaver Dir 7429 Deaver Dr 7425 Deaver Dr Fort Worth Tx 76180-6333 NRH Tx 76180-6333 Fork Worth Tx 76180 -6333 Sower, Patricia Etvir Scott Waller, David M Graham, Kimberly Kay 7421 Deaver Dr 7417 Deaver Dr Thompson Fort Worth Tx 76180-6333 NRH Tx 76180-6333 7413 Deaver Dr NRH Tx 76180-6333 Brown, Edna L Crawford, Paul R Jr EtUx De Lo Alien, Dennis E EtUx Linda. 7409 Cleaver Dr 7405 Deaver Dr 2408 Monterrey St NRH Tx 76180 -6333 NRH Tx 75180 -5888' Arlington Tx 76015-1316, 5peiight, (Inez L Milligan, Brent Etux Tric a Fanning, (Kathy D 7317 Deaver Dr 7309 Deaver Dr 7500 Bogart Dr NRH Tx 761801.5331 Fort Worth Tx 76180 -5331 NRH Tx 76180 -6224 Thorstenson, Diane Morrow, Demruara L Etvir Jahn A Dunaway„ Carol Jane 7504 Bogart Dr 7508 Bogart Dr 7512 Bogart Dr NRH Tx 761801 -6224 NRH Tx 761801 -6224 N'IR H Tx 76180 -6224 Ward, Betty Jean Bukowski, Shelley M Isbell, (Bonnie 3532 Park Hill Dr 7520 Bogart Dr 7524 Bogart Dr' Fort Worth Tx 76109-10019, NRH Tx 76180 -6224 NRH Tx 76180 -6224 Carter, Janet Newman Capital ILLC McQuagge, Harold Etux Deborah 7600 Bogart Dr 7604 Bogart Dr 7608 Bogart Dr NRH Tx 76180 -6226 NRH Tx 76180 -9341 NRH Tx 76180- 6226 Tennison, Wesley P Etux Kristi Benton, Sue Noles Howwington, Virginia Kay 7612 Bogart Dr 7616 Bogart Dr 7620 Bogart Dr Foil Worth Tx 76180 -6226 Font Worth Tx 761806226 Fort Worth Tx 76180- .6226 Grimes, Dennis Etux Ka Grimes Biggers, Billy CD Sharp, [Donald (Lee PO Box 8201153 107 Kimball Dr 7629 [Deaver Dr NRH Tx 76182 -0153 Wake Village Tx 75501 -8623 Fort Worth Tx 76180.6277 Sands, Mary Sylvia Griffin Do„ Phuuc Ngoc Etux Ngu Thi N Capdevila Norberto 7625 Deaver Dr 76211 Deaver Dr 7617 Deaver Dr Fort Worth Tx 76180 -6277 Fart Worth Tx 761801 -6277 NIIRH Tx 76180 -6277 Alford, James L Edwards, Jimmy IEtal Zahasky, Sandra K 4636 Ridgeside D'r 7609 Deaver Dr 7605 Deaver Dr Ni Tx 76180 -8136 Ni Tx 76180- 6277 NII, H Tx 76180 -6277 Winkenwwedeir, Brett Etux Debbie Jlp Property Holdings LLC Stiilli, Jimmy J 76011 Deaver Dr PO Box 16082 7525 Deaver Dr NRH Tx 761801 -6277 Fort Worth Tx 76162 -0082 Fort Worth Tx 76180 -6275 Stalmptey, Brian Banks, Barbara Jean Burns, Mike Etux Nancy 75211 Deaver Dr 7517 Deaver Dr 7513 Deaver Dir NRH Tx 761801 -6275 Fort Worth Tx 76180 -6275 NRH Tx 76180 -6275 Isenhouwer, Feely Etvir Matthew Holguin, Cheyenne Hamilton, Mable Jane 7509 Deaver Dr PAD Box 142001 6951 Payte Ln NRH Tx 761801.6275 Irving Tx 75014 -2001 NRH Tx 76182 -3557 Jackson, Janice H Morgan, Sarnuell LD Etux Amy Clark, John Etux Joanna 7700 Bogart Dr 7704 Bogart Dr 7701 Deaver Dr NRH Tx 761801 -6222 NRH Tx 761801 -6222 N'IRH Tx 76180 -6221 Tairmayo, Jesse F Etux Tamara K Perkins, Jerry Etux Glenna Finley, David M 7701 Bogart Dr 7705 Bogart Dr 6100 Abbott Ave Apt B Fort Worth Tx '76180 -6223 Fort Worth Tx 76180 -6223 NRH Tx 76180 -934 1 Newth, Lorde K Current Owner College Hill Church of Christ 171113 tipper Bay Fed 7457 College Cur 7447 N College Cir Addison Tx '75001 -5047 NRHI, Tx 76180 Fort Worth Tx 76180 -6228 College Hill Church of Christ HI & McB (Properties LP Hcp Sh Elp2 LLC 7445 N College Cir Ste 110 a 1 Icp Inc Fort Worth Tx 76180 - 6231 6000 Western PI # It 3760 Kilroy Airport Way #300 Fort Worth Tx 76107 -4607 Lang Beach Ca 90806 -0000 Glary Chinese Baptist Ch Owen, Linda L 6135 Holiday Ln 208 Montreal Dr NRH Tx 76180 -9329 Hurst Tx 76054 -2217 ORDINANCE NO. 3323 SUP 2014 -08 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW CONSTRUCTION OF A CHAPELIAUDITORIUM WITH LESS THAN 85% MASONRY COVERAGE ON PROPERTY LOCATED AT 6200 HOLIDAY LANE; 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 and the Comprehensive Zoning Ordinance are hereby amended by approving a special use permit to allow for the construction of a chapel /auditorium with less than the required 85 % masonry coverage on the campus of Fort Worth Christian School located at Lot 1 R, Block A, College Hill Addition known as 6200 Holiday Lane 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. PASSED AND APPROVED on the 11th day of August, 2014 In ATTEST: Alicia Richardson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney 0001 SMI'sill" ONVIN31H HIHOM 3NVI AVQIION OQU "0 1010H3S NVIISIHHO HIMOM 1004 (IMP 113IN3i3 SJLHV 3NI3 GNV 13dVH3 IMN lot, ZN U. v A6 cr) 51 i 0001 SMI'sill" ONVIN31H HIHOM 3NVI AVQIION OQU "0 1010H3S NVIISIHHO HIMOM 1004 (IMP 113IN3i3 SJLHV 3NI3 GNV 13dVH3 IMN lot, ZN U. v A6 cr) z OLL U) 0 0 Ci C4 N70 0001 SVX31,s171" ONVIN31H HIHOM 3NVI AVQIION OQU 101OH3S NVIISIHHO HIMOM 1004 (IMP '03IN3I3 SJLHV 3NIA GNV 13dVH:) IMN 1p Uo0 f4 0 z OLL U) 0 0 Ci C4 N70 0001 SVX31,s171" ONVIN31H HIHOM 3NVI AVQIION OQU 101OH3S NVIISIHHO HIMOM 1004 (IMP '03IN3I3 SJLHV 3NIA GNV 13dVH:) IMN Uo0 f4 0 I Wry G����ii /� / %if�1 % / % %�i� �a � ���i � %��J /��� ° %i% iii i% � / /// /� i i��l% i��� r i iii /% i %� /�i o % / v/i ��J��'i v � /,r �,�1/ / ,' �� /, � / /�/ �i / //' � /� EXCERPT FROM THE MINUTES OF THE JULY 17, 2014 PLANNING AND ZONING COMMISSION MEETING SUP 2014 -08 Public Hearing and Consideration of a request from Fort Worth Christian School at 6200 Holiday Lane for a Special Use Permit to allow for the construction of a Chapel /Auditorium with less than the required 85 percent masonry coverage. Clayton Comstock came forward to present the staff overview. Building to be located centrally on the campus. Site plan is under review by the development review committee . The administrative building was previously built with the intent to attach this chapel and auditorium to the blank slate south side. Building is forty four (44) feet tall. Applicant, Russ Garrison; 2726 Edgebrook Court; Keller, TX; representing Fort Worth Christian, came forward to present his application. Fort Worth Christian has presented this as forth (4th) project since 2011 in a master development plan to improve the campus. Students currently meet for daily chapel in the hallway. The student campus has growth in their band, choir and drama programs. Please see proposal of masonry - alternate architectural materials of this application. Applicant, Michael Hoffer; 6466 Woodstock Road; Fort Worth, TX 76116; representing the Honfeld, Hoffer, Stanford architectural firm showed various metal or glass materials proposed in lieu of masonry. Brick would be the primary base structure with these first class alternate architectural treatments. Chairman Randall Shiflet asked what brick samples would be primary. Steven Cooper asked what portion of the building actually drops below the eighty five (85) % masonry code requirement. He asked how the equation calculates glass as part of the materials. Clayton Comstock clarified that glass surface is actually removed from the surface calculations, which would result in higher masonry content after analyzing the architectural plans with that adjustment than is presented in the figures presented today including all of the glass surfaces. Similar to new City Hall, there are a number of metal applications with architectural structure and save money. Chairman Randall Shiflet opened Public Hearing of C.6 Special Use Permit at 08:48 PM. Being no discussion, Chairman, Randall Shiflet closed Public Hearing of C.6 Special Use Permit at 08:48 PM. APPROVAL Steven Cooper motioned to approve SUP 2014 -08. The motion was seconded by Mark Haynes. The motion passed unanimously (6 -0). COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. C.5 SDP 2014 -01 Public Hearing and Consideration of a request from Rick Figueroa for a Special Development Plan for a Custom Metal Fabrication business with Screened Outdoor Storage located at 6428 Davis Boulevard. Ordinance 3324 Presenter: John Pitstick, Planning & Development Director CASE DESCRIPTION: Rick Figueroa is requesting approval of a Transit Oriented Development (TOD) Special Development Plan (SDP) to allow for the renovation of the building and site formerly occupied by Precision Packaging at 6428 Davis Boulevard. The property has been vacant for more than 6 months and has therefore lost its legal nonconforming status with respect to the Smithfield TOD uses and regulations. Mr. Figueroa would like to adapt and reuse the building and therefore requires the following exceptions to the Smithfield TOD regulations under this proposed SDP: Light Manufacturing and industrial uses 7Lightmanufacturing and industrial uses in a 1. limited to a maximum building footprint of t. building 10,000 sq. ft. 2. Maximum allowable storage area is 25% Maximum allowable storage area 50% of of building square footage building square footage 3. Parking Ratio = 1:250 Parking Ratio = 1:360 No outside storage or overnight parking of work vehicles except behind a masonry Outside storage area with perimeter masonry 4. screening wall blocking view from public. screening wall on far east side of property All equipment, storage, and display shall behind the building be enclosed within a building. Addition of architectural 1 product display 5. One monument sign per street frontage Pads along Davis to be approved by the Sign Review Committee, with appeals to the Sign Review Board 6. 75% masonry required per building fagade Approval as shown on the attached building elevations, including 100% metal panel on the north, east and south elevations 7. Landscape Plan prepared by a Registered Deferral of Landscape Plan requirement to Landscape Architect Building Permit Smithfield TOD Regulating Plan 8. recommends General TOD Street & New No open space or street dedication at this Civic 1 Open Space along the east side of time property BUILDING RENOVATION DETAILS: If the SDP is approved by City Council, the applicant proposes to completely reface the entire building with new metal panels on the south, east and north facades and a mix of masonry and metal on the front (west) facade (see front elevation below). The applicant has proposed to use 26- gauge R -ridge metal panel like the one shown at right in a "Burnished Slate" color. Additionally, the applicant is considering one or both of the brown brick colors shown below for the front facade or more of a reddish brick as shown in the photo below. CURRENT PLATTING: Lot 7A, John's Addition CURRENT ZONING: General Mixed Use Character Zone, Smithfield TOD THOROUGHFARE PLAN: The property has frontage on Davis Boulevard. As this development is within the TOD, there are some "General TOD Streets" recommended along the southern and eastern property lines. The intent of the new streets would be to create a more pedestrian - friendly urban environment on a gridded street network connecting Davis to Main and Cardinal. This application does not, however, propose to dedicate right -of -way for any new streets at this time. SMITHFIELD TOD CONSIDERATIONS: City staff has reviewed this case in light of the Transit Oriented Development regulations. This building is a full metal building that was previously used by Precision Packaging for many years. Mr. Figueroa has a metal fabrication business and wants to use the building for his business and lease other space for similar businesses. The TOD generally restricts industrial businesses to 10,000 square feet, requires full masonry buildings and promotes cottage type industries rather than typical industrial or contractors with heavy equipment. Mr. Figueroa is requesting to utilize the existing footprint of 18,000 square feet and completely reface the building in a new metal covering. This facility also falls directly adjacent to Advantage Auto which received similar variances a few years ago. The metal fabrication business is being limited to 10,000 square feet and much of Mr. Figueroa's business model promotes retail metal structures appropriate for residential and landscaped settings. It was a consensus of the Development Review Committee to encourage an attractive mixed material building front along Davis Boulevard and hide �� J 4 w fop i,„ t r Iasi b !W V/ Precision Packaging for many years. Mr. Figueroa has a metal fabrication business and wants to use the building for his business and lease other space for similar businesses. The TOD generally restricts industrial businesses to 10,000 square feet, requires full masonry buildings and promotes cottage type industries rather than typical industrial or contractors with heavy equipment. Mr. Figueroa is requesting to utilize the existing footprint of 18,000 square feet and completely reface the building in a new metal covering. This facility also falls directly adjacent to Advantage Auto which received similar variances a few years ago. The metal fabrication business is being limited to 10,000 square feet and much of Mr. Figueroa's business model promotes retail metal structures appropriate for residential and landscaped settings. It was a consensus of the Development Review Committee to encourage an attractive mixed material building front along Davis Boulevard and hide heavier industrial uses and storage to the back of the site while encouraging additional buildings in the future along the direct Davis Boulevard frontage that would meet current TCD masonry and setbacks. STAFF RECOMMENDATION: Approval of SDP 2014 -01, subject to a minimum 26 gauge R -ridge metal panel where metal panel construction is proposed and wheel stops and 6 foot sidewalk area at appropriate parking spaces around the building to protect bumpers from hitting and denting the proposed metal panel. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission met on July 17, 2014 and recommended approval by a 6 -0 vote subject to minimum twenty six (26) gauge metal panel walls, six (6) foot sidewalk with wheel stops and recommendation that the applicant work with staff on a tree survey and low shrub landscaping along the Davis frontage which may be deferred to building permit. UPDATED LANDSCAPE PLAN: Per the recommendation of the Planning & Zoning Commission, the Landscape Plan provided herein shows landscaping along the Davis Boulevard frontage. VICINITY MAP ► R J a w a PROPERTY OWNER NOTIFICATION Case Number: SDP 2014-01 = KARTWIF."M 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 Rick Figiueroa for a Special Development Plan for a Custom Metal Fabrication business with Screened Outdoor Storage located at 6428 Davis Blvd. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, J U LY 17, 2014 CITY COUNCIL 7.00 PIM MONDAY, AUGUST 11, 20114 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HIILLS, 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 73011 Northeast Loop 820, North Richland Hills, Texas 761801 Phone (817) 427-6300 Fax (817) 427-6303 "X NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Number: SDP 2014-01 = KARTWIF."M 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 Rick Figiueroa for a Special Development Plan for a Custom Metal Fabrication business with Screened Outdoor Storage located at 6428 Davis Blvd. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, J U LY 17, 2014 CITY COUNCIL 7.00 PIM MONDAY, AUGUST 11, 20114 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HIILLS, 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 73011 Northeast Loop 820, North Richland Hills, Texas 761801 Phone (817) 427-6300 Fax (817) 427-6303 LIST OF NOTIFIED PROPERTY OWNERS Bates, Georiia Maxine Etal 6433 Davis Blvd' R H Tx 76182-4717 Uebel, (Rase Mary 14068 44th Ave N St Petersburg 8l 33763 -52440 Regional Rail Row Co Attn: Dallas Area Rapid Trans P01 Box 1660163 Dallas Tx 75266-0163 Revest LLC 884001 Kirk Ln N R H Tx 76182,-75402 Chesapeake Land Dev Co LLC 6106 N We tern Ave Oklahoma City Ok 73118-1044 Recker, Christopher 1936 Winter Dr Keller Tx 76262 -8419 ORDINANCE NO. 3324 CASE SDP 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 DEVELOPMENT PLAN AT 6428 DAVIS BOULEVARD, LOCATED ON LOT 7A, JOHN'S ADDITION TO ALLOW A CUSTOM METAL FABRICATION BUSINESS WITH SCREENED OUTDOOR STORAGE; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the DRC has reviewed and recommended the Special Development Plan which is the subject of this ordinance prior to its submission to the Planning and Zoning Commission; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council has considered and evaluated the submitted and recommended Plan under the standards set out in Section 118- 571(e) of the North Richland Hills Code of Ordinances; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan and the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by changing the zoning of property known and described as Lot 7A, John's Addition, to the City of North Richland Hills, Tarrant County, Texas, by approving a Special Development Plan attached hereto as Exhibit A and allowing a custom metal fabrication business with screened outdoor storage located at 6428 Davis Boulevard. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance as provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. PASSED AND APPROVED on the 11th day of August, 2014 In ►:ri11 =�6 Alicia Richardson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ►= 1, :1: t0l �A:119l =la1101*01NLTJK124II1I =10A4kWIS George A. Staples, Attorney 06, �f CIL G CIUVAAFinios SIAVU Z 0 nz 61 Ch C0 ------------- Sa U) 06, �f CIL G CIUVAAFinios SIAVU Z 0 nz 61 C0 ------------- LL 06, �f CIL G CIUVAAFinios SIAVU Z 0 nz 61 C0 06, �f CIL G CIUVAAFinios SIAVU Z 0 nz 77, ti FD YVI ig nu, , �i LT br m .............. .......... ......... ti FD YVI ig nu, , �i LT br m 4 1" 4F K,, "K cm i t! ry^ aw, ol 4 1" 4F K,, "K I ol �! -- - - - - - - - - - - - - - - - I �fi/ i�a �i;J% %�, // ��� ', �� ��j, ���.,, Y�� �, fi � '' �; � �� ,, � l ,�' �, If r ",,r �, ,, ,� �'� ?�� "� ,� � � "� � =r , ---------- gi ail 9 4 IXr ........ JY Ic Am... ---------- gi ail EXCERPT FROM THE MINUTES OF THE JULY 17, 2014 PLANNING AND ZONING COMMISSION MEETING SDP 2014 -01 Public Hearing and Consideration of a request from Rick Figueroa for a Special Development Plan for a Custom Metal Fabrication business with Screened Outdoor Storage located at 6428 Davis Boulevard. Clayton Comstock came forward to present the staff overview. The applicant has purchased a currently closed building, formerly Precision Packaging. He is a custom metal fabricator. His intent is to build out to subdivide and lease to tenants. There are eight (8) stipulations requested by the applicant as part of this SDP. 1. Light manufacturing in an eighteen thousand (18,000) square foot building. 2. Maximum allowable storage area as fifty (50) % of total square footage. 3. Parking Ratio as one to three sixty (1:360) ratio. 4. Outside storage area on the east with an eight (8) foot perimeter masonry wall screen. 5. Architectural product display pads along Davis Boulevard. 6. Attached building elevations as one hundred (100) % metal panel. 7. Deferral of landscape plan requirement until building permit stage. 8. No open space or street dedication at this time. Steven Cooper discussed, regarding landscape deferral, if all the trees are coming out. Clayton Comstock responded that staff is still waiting for the tree survey. That survey will address tree removal and replanting. Nearly all of the trees are classified as scrub trees (e.g. four (4) inch mulberry and similar). These existing trees are scheduled to come out, which he would have the ability to do. The survey will evaluate true quality trees. Chairman Randall Shiflet does not have a problem with landscape deferral, but sees nothing on Davis Boulevard. He doesn't want to have a sign blocked, but other businesses have at least shrubs at the street. Clayton Comstock responded that installation of landscaping may not be prudent when we don't really know what the context of this building will be in the future. Therefore, that question is addressed as part of this SDP. Steven Cooper responded that he assumed the street treatment would be part of the landscape plan. Applicant, Rick Figueroa, 8800 Kirk Lane; came forward to present his application. This is the renovation of a deteriorated old building on Davis Boulevard. Exterior of the building would be new The model is the new Starbucks at Airport Freeway and Precinct Line Road for a vintage industrial look facing Davis Boulevard. Plans include all new electrical, new fire sprinkler system, new offices and partitions. Wrap- around on east and west sides would do away with that metal look. Currently, the majority of trees are "non- preservation" small dense trees. We are looking to thin these up; leaving some with only the tops; eliminating most in the rear. Tree survey will identify the plan. Dust collector, cone shaped silos would be relocated to the front of the building as an architectural feature. An idea is to create architectural steel elements as part of the landscape to advertise what we do for businesses, back yards and parks. Chairman Randall Shiflet inquired about native plants to be included in the landscaping around the sculptures. He requested staff to work with the applicant for low maintenance options. Applicant, Figueroa expressed cost concerns of the plants and more importantly the irrigation requirements to keep landscaping alive. A concern is the amount of money this build out will cost which far exceeds the price paid for the entire property. There could be creative options to display steel planters, the work that they do for their customers. Clayton Comstock brought up xeriscaping ornamental trees or native grasses that could be removed when the full plan is developed. Staff can work with the applicant as has occurred with other businesses in the area. Chairman Randall Shiflet inquired about the viability of twenty two (22) to twenty six (26) gauge of steel used for the exterior of the building. There is existing damage to the rear of the building. With the improved steel gauge and wheel stop installation, the building would be better protected. Staff asked for twenty two (22). Applicant asked for twenty six (26) . Applicant, Figueroa asked what the primary concern is with wall dents. Is it protection from people? Is it protection from vehicles? Is it protection from materials stored on the sidewalk? The costs just keep adding up. The current design has no wheel stops and the sidewalk is narrow. The plan is to increase the sidewalk width and add wheel stops that are about seven (7) feet from the building. It appears that the issue will be corrected. Chairman Randall Shiflet stated that the wheel stops would do much to alleviate the dent problem. He inquired if staff could approve twenty six (26) gauge. John Pitstick addressed the vehicle access to the building to protect the metal building. Reviewing the property yesterday, they looked at wheel stops and moving the vehicles six (6) feet from the building. He discussed twenty six (26) gauge steel and the maintenance of the building long term. Primary concern was vehicles against the wall. Applicant, Figueroa commented that you could hit a twenty six (26) gauge steel with a hammer and not cause any damage. The main damage in the past was primarily due to materials being shoved up against the building. The wheel stops should prevent that. Chairman Randall Shiflet opened Public Hearing of C.7 Special Development Plan at 09:35 PM. Being no discussion, Chairman, Randall Shiflet closed Public Hearing of C.7 Special Development Plan at 09:35 PM. APPROVAL Mark Haynes motioned to approve SDP 2014 -07, subject to minimum twenty six (26) gauge metal panel, six (6) foot sidewalk with wheel stops and recommendation that the applicant work with staff on some sort of low irrigation deferred (to building - permit- stage) landscaping. The motion was seconded by Steven Cooper. The motion passed unanimously (6 -0). COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. C.6 SUP 2014 -07 Public Hearing and Consideration of a request from J & J NRH 100, FLP for a Special Use Permit for a Detention /Retention Pond on 1.817 at the southern terminus of Bentley Drive. CONTINUED FROM THE JULY 14, 2014 MEETING. Ordinance 3319 Presenter: John Pitstick, Planning & Development Director CASE SUMMARY: J & J NRH 100, FLP is requesting a Special Use Permit for a stormwater retention facility for their 43 -lot Thornbridge East Phase V residential subdivision on the west side of Precinct Line Road between Belshire Drive and Kirk Road. The pond would be located deep within the Thornbridge neighborhood on a 1.82 -acre lot behind six existing Thornbridge homes and adjacent to three new homes as part of the Final Plat for this phase. This case will require a 3/ override vote by the City Council because of an opposition letter from Rick Stevens the adjacent property owner that includes more than 20% of the property within 200 feet of this zoning request. 15 out of 6 members present will have to vote in favor for this request in order for it to pass.) DETENTIONIRETENTION: This is the second Special Use Permit to be considered under Section 118 -729 of the Zoning Ordinance—"Detention/retention pond criteria" — since the provision was passed on January 14, 2013. The Harmon Farms development on Eden Road received approval for one detention and one retention pond earlier this year. Thornbridge East Phase V is proposed on a tract of land which naturally discharges stormwater runoff to the south, onto an adjacent property. Per the terms of the City's detention 1 retention policy, the City will allow detention of stormwater in cases where a development is discharging developed runoff onto a property where there is either insufficient drainage capacity, or where there is no public drainage easement to accept the flow. In this case, a combination detention 1 retention pond is proposed at the southwest corner of this addition to mitigate the site's development. During rain events, the pond will capture runoff from the subdivision and release it at a lower rate than the current undeveloped condition. Since the Thornbridge East subdivision began almost ten years ago, runoff in this area has decreased dramatically as more water was directed to Little Bear Creek further to the north and west. In between storm events, the pond will maintain a constant water surface and include a fountain for circulation and water quality. The pond will be surrounded by a decorative tubular steel fence and landscaping (canopy trees). MAINTENANCE AGREEMENT: The SUP will be accompanied with a developer /maintenance agreement as this item moves forward to City Council. The agreement will stipulate that the developer and/or the HCA shall be responsible for maintaining the area to minimum standards and the City will have the option to access the facility for additional maintenance if needed. cn�st cn � ro,,h't. F"pp 20% OPPOSITION ATTAINED: The property owner adjacent to the south, Mr. Rick Stevens, has sent a formal letter of opposition to the Special Use Permit application (see attached). Therefore, a super- majority of City Council members must vote in the affirmative to pass this Special Use Permit ordinance. Assistant Director of Engineering Caroline Waggoner will be available at the meeting to further explain the City's position on the floodplain and the impact of past and future development with and without any detention facilities. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their July 17, 2014 meeting and voted 6 -0 to recommend approval to City Council. STAFF RECOMMENDATION: Approval of Case SUP 2014 -07, Ordinance No. 3319. VICINITY MAP AERIAL MAP PROPERTY OWNER NOTIFICATION Case Number: SUP 2014-07 Location: '7800 BIk of Bentley 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. I Purpose of Public Hearing: A Public Hearing is being held to Consider a request from J&J 100 NRH FLP for a Special Ulse Permit for a DetentioniRetention Pond in Thombridge East, Phase Five located in the 7800 block of Bentley Drive. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, JUNE 19, 2014 CITY COUNCIL 7,00 PIM MONDAY, JULY 1'4, 2014 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HIILLS, 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 73011 Northeast Loop 820, North Richland Hills, Texas 7618,0 Phone (817) 427-6300 Fax (817) 427-6303 NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Number: SUP 2014-07 Location: '7800 BIk of Bentley 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. I Purpose of Public Hearing: A Public Hearing is being held to Consider a request from J&J 100 NRH FLP for a Special Ulse Permit for a DetentioniRetention Pond in Thombridge East, Phase Five located in the 7800 block of Bentley Drive. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, JUNE 19, 2014 CITY COUNCIL 7,00 PIM MONDAY, JULY 1'4, 2014 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HIILLS, 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 73011 Northeast Loop 820, North Richland Hills, Texas 7618,0 Phone (817) 427-6300 Fax (817) 427-6303 LIST OF NOTIFIED PROPERTY OWNERS Stevens, Lucille J & J Nrlh 100 Flp Grace Meadows Homeowners T C Stevens Testamentary Tr C/O John Barfield Assoc 9241 Kirk ILn 700 W (Harwood IRd Ste A Pik Box 54028 Fort Worth Tx 76182 -7514 Hurst Tx 76054 -3391 Hurst Tx 76054 -4423 Austin, Dustin B 7820 Wentworth Dr NRH Tx 76182-7542 Raines, George J & Joey Raines 8956 Glendiara Dr NRH Tx 76182-7534 Cromer, Tad E & Kimberley D C Aka George E Comer 9416 Glendara. Dr NRH Tx 76182 -7536 Mathew, Shane A Etux Syluiia S 9444 Glendaira Or NRH Tx 76182 -7536 Germain, Charles S Etux Linda 9469 Glendara Dr NRH Tx 76182 -7537 hisenand, James Etux Cynthia 94211 Glendara. Dr NRH Tx 76182-7537 Hoagland, James W Etux Sherrie 1344 Keliler Pkwy Apt 422 Keller Tx 76248 -1648 Simon, Eamon IE Etux Darla K 8967 Souththoirn Dr NRH Tx 7618247544 Smith, Diana & Mlichaell 9412 Glendara Dr NRH Tx 76182 -7536 Mina Custan Homes Ilnc 7920 Woodland Dr NRH Tx 76182 -7331 Root, Michael C Etux Chirtsty R 9013 Glendara Dr NRH Tx 76182 -7537 Mitchaimore, Scott Etux (Leslie 8956 Southtlhorn Dr NRH Tx 76182- 7539 Land, Charles Etux Eisie 9020 Glendara Dr N'IRH Tx 76182 - 7536 Hancock, Bradford L Etux Diane 9988 Glendara Dr NRH Tx 76182 - 7536 Johnston, Chriis Etux Sheila J 9045 Glendara Dr NIIRH Tx 76182 -7537 North, Cameron T Etux Alissa 9017 Glendara Or NRH Tx 76182 -7537 OPPOSITION LETTER Planning and Zoning Commission 'Planning & Zoning Meeting 6-19-14, Item C.1 SUP 2014-07 I'm Rick Stevens and this is my Moms property at 9201 Kirk Lane that will be affected by this retention pond. Over the last 20 years we have been dealing), with flooding problems with the increased drainage fioni hundreds of acres developed north orour property. The city and developers, have received millions of dollars from these developments. Because of no improvements to Little Bear Creek in the 70 years we've own this property all we have received is increased flooding and darnage to our property (see picture 91, 2, & 3). The flooding in these pictures was caused by a 3 to 4 inch rain, In the years past it would take around a 5 to 6 inch rain for this type of flooding, 'Now a I inch rain fills the creek to the top, Now another phase of development that will bring more water with more damage to our property is about to begin. Let me state we are not against development, we know it is LITIstoppable. What we have a problem with is how the City and developers continue to refuse to do any improvements to Little Bear Creek that would help us, with flooding. I have been talking with Mr. Baxileld about this development and drainage problem for several months now. I have offered to allow Our pond to be the retention pond however it would need improvements. Mr. Barfield rnade'US an offer to pursue this in which we have made several counter ofTers but no other communication was otT,`crcd, We are still open to this option. Currently we have the Barfield retention pond option which is better than the water going unchecked across Our land. However the problem we have with it is that the City will allow it to discharge in an area that is referred to as "ditch A" on page 9 of their site plan. Ditch A was a, secondary drainage location for the land north of us until Mr. Barfield started developing this around 10 years ago. He has changed the elevations and drainage to concentrate most of the runoff into "ditch A" (see attached picture #4). Prior to the dirt work "ditch 13" was and has been for the past 70 years the primary drainage creek. This is reflected on the city and FEN/[A flood plan snaps (see attached picture 95). It is also reflected in our land were "ditch B" is a 2 to 3 loot deep channel and "ditch A" hardly existed until the last several years from the concentrated drainage coming from the Bai: field, development (see picture 7 & 8). According to the site plans the retention pond will over flow into `ditch A" which will erode away at a quicker rate and inake it were we can not access the north east area of our property because of"ditch A" and "ditch B", Our reqUCSt is to rnove the discharge about 200 feet to the east and discharge into"ditch B" which has always been the drainage creek for this land. We also would like a 24" bypass pipe to be put in between Our pond and Little Bear Creek- This would help with the increased water we will get into our pond which overflows and runs between our barns behind my Moms house (see picture 46,). So we do oppose the retention pond. for how it overflows into our property which will cause more erosion and damage plus cutting off access to out north cast corner. We would hope this committee would send this back to the engineers for design changes. We would also like a commitment from the City to improve drainage along Little Bear Creek. Thank you for your time. Rick Stevens 7132 Stonybrooke Dr, NRH, TX 76182 817-845-5351 LIMIT OF DETAILFF) STUDY r7 4 -4 OPPOSITION MAP / /F' 'I,��Ni N� f ly, IIgI�A�IM t /(po �s 1�� ORDINANCE NO. 3319 SUP 2014 -07 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 A DETENTIONIRETENTION POND LOCATED IN THE THORNBRIDGE EAST, PHASE V ADDITION ON BENTLEY 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 Plan and the Comprehensive Zoning Ordinance are hereby amended by amending the zoning of a 1.817 acre tract of land in the Thornbridge East, Phase 5 Addition to the City of North Richland Hills, located on Bentley Drive and approving a special use permit to allow for a detention /retention pond and approving the legal description attached hereto as Exhibit A and the site plan attached hereto as Exhibit B. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 4: This ordinance shall be in full force and effect immediately after passage. PASSED AND APPROVED on the 11th day of August, 2014 ATTEST: Alicia Richardson, City Secretary Is] kW 90 1MkgIQ;4d:IN Is] :IWA24I III :III %` Oscar Trevino, Mayor George A. Staples, Attorney EXHIBIT A PROPERTY DESCRIPTION ST.ATE.' OFTEX AS: COUNTY OF TARRANT: BEING a 1,817 acre tract of land situated in the S, Picharclson Survey7A]-)sfract No, 1266, City orNoirth Richland Hills,'Furrant Countv,Toxas, bving a portion of that tract of land as described in &W to .t &.1 N I� H 100 FIX, recorded in D206215757, Deed Rocords,Tarraa County, 'texas (I)RTC"I'), heing a portion of that tract of land as described in deed to J &.1 NRII 100 FlY, recorded in D206144275, DRTCT, and boing more particularly described as follow.,,; 13KGINNIN(3 at a I12" robar capped LlN 3946 1bund at fliesoutheast corner Of IAA 9, Block r)' of Thombridge East. Phase IV, an addition to the City ot'North Richland Hills, TWTallt COUHIV, Texmas r"ordcd in D210154414, Plat Rccords,TWT&nt COWAV, Texas (PRTCT), said point Ding in the wotrth line, of said &.1 NRII 100 11,1 tract recorded in D20021 X757, DWI'C'fand the north line ofa tract of land as described in deed to Lucille H. Stevens, Trustee, recorded in Volume 145 10, Page 4-38, DRTCT; T] l[INCT: N �00'04'08"' F, departing; the north line of said Stevens tract, along the cast lino cif said 'Ill orill) ridge East, Phase IV, a distance of 290.04 feet (Plat 290.00 -leet) to a 1 '2" rebar Capped (loodwin & Marshall set at the inost ca.sterly northeast conici of said 'niornbridgQ Fast, Phase IV, said point I ' ving in the south line of Block, 8 of'fliombridgc FAA, Phase 111, air addition to the City oi'Norih Richland lfills,Tarrant C.ountv,Texas as recorded in Cabinet A, Slide 11.3k9_ PrZTCT., THENCE 8 81)'56'49"' E. along the south linv Of said Block S, a dislwwc of178. 12 fcot to the nortboast corner of the herein described tract of land., I-rom which a 1,2" robar capped 00odwin Marshal I set at the rimst southerjyscpiltheast corner of` said 'lliornhridge East, Phase [it bears S 99"56'49" F 175.00 feet-, THENCE depailing the south line of said Block 8, traversing across said J & J NRII 100 FLP tracts, as follows: S 00110311 " W, a distance of 156,0? 1eev, S 89'56'49" 1,1", a &,stance of 133-33 feat to the beginning of a non-tansynt curve to the lefit, having a radius point that beam N 56'29'49" E, 50.00 feet: Southeasterly, along said curve, having a central angle ol"90'0652", an are distance ol, 78.64 Icct, and a chord that bears S, 78'33'37" E.. 70.78 feet to the end of said curve„ S 89056'49" F., non - tangent to said curve, a distame of 11,93 S 00'Q31 I " W, a distance of" 1120,00 IM to a point in the soul h line of said J & J N1211 M) FLP tract recorded in D206144275. DRTCT and the north line of said Stevens tract, from which a big laway monument found in the west ripjit-of-kvay line of Precinct Line Road (1,' M. Ilighway No. 3029, right-of -way varies) at the southeast comer of said J & J NRII 100 1,1 T tract recorded in D206144273, DIVI'C"I'bears S 991%'49" F, 929.69 feet, ll IFINCI"N 89'56'49" lima: o said J a J NR I 1100 I'LPIracts wid the ncoll live: of,.swW Stwvms tract, a dislawc of 393,14 fQ0 to thQ POINT OF HEOINNINO and contairlilig 79,150 square roct or 1.8 17 amg of land. NOTE ' Bearings tire bi,,,,cd on Cily of North Richland Hiliv, Geodaic Control Stations 01IS-28, GIIS-30 & Gp1 -31. MW a Li Tj I F1 09 z a 141 Ilr JZ 77 _7 P Cc> �j z a Non milk n. Li 09 z a Non milk n. S CS p I" Z goo 2 i Ilia rvk fe ZZ Z: 177 �N S CS p I" Z goo 2 i Ilia rvk fe > Uz 26# 2! �l !v W Z N-A MID g" g V, 14, d-' IM 11 I INN. w I �t C �A i "AU iYSu A &I z lei R4 t dill, jRJ I M py If j x g� lvo V, ;g Th, EXCERPT FROM THE MINUTES OF THE JULY 17, 2014 PLANNING AND ZONING COMMISSION MEETING SUP 2014 -07 Public Hearing and Consideration of a request from J & J NRH 100, FL for a Special Use Permit for a Detention /Retention Pond on 1.817 at the southern terminus of Bentley Drive. THIS PUBLIC HEARING IS CONTINUED FROM THE JUNE 19, 2014 MEETING. FP 2014 -03 Public Hearing and Consideration of a request from J & J NRH 100 FLP for a Final Plat of Thorn bridge East Phase V; being 43 single family residential lots on 15.407 acres located at 7817 and 7909 Precinct Line Road. Clayton Comstock came forward to present the staff overview. Applications SUP 2014- 07 and FP 2014 -03 prefer to be discussed together, as both apply to the same project. The retention pond would be for a continuous hold of water. Surrounding the pond would be a retaining wall plus landscaping. Agreement has been made to install perpetual tree irrigation. Open space would be for utility easement and park area. Caroline Waggoner came forward to speak to the Little Bear Creek corridor. Much of this area is in the flood plain. Development of Thornbridge diverted flow to Little Bear Creek. Evaluation of the diversion channel prior to Thornbridge phases II and III is why we would allow a detention pond to mitigate storm water run -off. The pond would also provide an aesthetic appeal. The fifty (50) foot minimum distance between pond and the nearest property line provided a buffer to mitigate run off. Little Bear Creek is the only natural tributary. It has had increased debris and water flow from the development. City will maintain where they have public right of way. Chairman Randall Shiflet reiterated that the city does not have the ability to go onto private property to maintain even though it is a natural tributary by ordinance. Applicant, Jason Weaver; 2405 Mustang Drive; Grapevine, TX; Civil Engineer with Goodwin and Marshall, representing Mr. Barfield and Our County Homes, came forward to present his application. He appreciates Ms. Waggoner's and Mr. Comstock's overview of the project. Slide presentations show the existing twenty two (22) acres of watershed that discharges into two (2) different drainage ditches. Twenty.six (20.6) acres will flow into the proposed detention point. The result is improved drainage and discharge rate of nearly all of the development. J & J NRH 100 has obtained land from Mr. Barfield to increase the development size. Chairman Randall Shiflet opened Public Hearing of C.2 Special Use Permit and C.3 Final Plat at 07:59 PM. Angela Stevens; 7132 Stoney brook; wished not to speak, but to express opposition. Austin Stevens; no address; wished not to speak, but to express opposition. Rick Stevens; 7132 Stoney brook Drive came forward in opposition. This is his mom's property. Prior to this evening's presentation, nothing was presented to us in writing of what Mr. Barfield was offered. Our problem is the water drainage into ditch A. It has always been a minor ditch. Ditch B was always the main drainage for this area. The ditch is three (3) feet deep. It already blocks access to the opposite side of our own property. It is his belief that there will be more flooding and greater erosion with higher population density. We request that this proposal be denied and sent back to engineering. Chairman Randall Shiflet reiterated that all of the information presented by Mr. Stevens was received and presented to staff and has been reviewed with engineering. There is a definite downstream problem south of Kirk Lane. Rick Stevens stated that the city does have the family's permission to come onto our private property to make repairs on Little Bear Creek. The property has been in the family for 70 years. There have been thousands of acres of development flowing into that creek with no improvements. No -one comes to clean it up. And the area is still operating with the same bridge from the 1930's. Chairman, Randall Shiflet asked if someone could have a look at the culvert and bridge at Little Bear Creek on the Smith property. Dianna Smith, 9012 Clendara Drive; acting HCA President of Thornbridge East, Phases II, III and IV; came forward in favor. Her property backs up to where the detention pond would be located. She has been in favor of prior excellent developments with Our Country Homes. Chairman, Randall Shiflet closed Public Hearing of C.2 Special Use Permit and C.3 Final Plat at 08:05 PM. 1 ►� »:I�711 ►� � Bill Schopper motioned to approve SUP 2014 -07 as proposed. The motion was seconded by Mark Haynes. The motion passed unanimously (6 -0). Don Bowen expressed faith in city staff that if engineering says the flooding will get better, it will. ❑PPRC]VAI Don Bowman motioned to approve FP 2014 -03. The motion was seconded by Bill Schopper. The motion passed unanimously (6 -0). N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. NRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. DA FP 2014 -03 Consideration of a request from J & J NRH 100 FLP for a Final Plat of Thornbridge East Phase V; being 43 single family residential lots on 15.407 acres located at 7817 and 7909 Precinct Line Road. Presenter: John Pitstick, Planning & Development Director CASE SUMMARY: J & J NRH FLP is requesting approval of a Final Plat for Thornbridge East Phase V on 15.407 acres of land on the west side of Precinct Line Road between Kirk Lane and Belshire Drive. This phase of Thornbridge East consists of 43 single - family residential lots, 3 open space lots, a gas valve station lot and lot dedicated to a retention /detention pond (See report for SUP 2014 -07). CURRENT ZONING: The City Council approved the current "R -2" Single Family Residential zoning on December 9, 2013 (Case ZC 2013 -16). COMPREHENSIVE PLAN: Low Density Residential CURRENT PLATTING: The property is currently described as multiple unplatted tracts within the W.C. Newton Survey, Abstract No. 1182 and the S. Richardson Survey, Abstract No. 1266 totaling 15.407 acres. The Preliminary Plat for which this proposal is based was approved by the Planning & Zoning Commission on December 19, 2013 (PP 2013 -07). There have been two other Preliminary Plats approved with different subdivision designs in the past. This particular request has the most number of residential lots and utilizes the most area for the development. THOROUGHFARE PLAN: The development proposes to connect to and extend the existing Bentley Drive and Glendara Drive to create a new subdivision entrance onto Precinct Line Road. Precinct Line Road is classified as a "P7U" 7 -lane undivided principal arterial with 130 feet of right -of -way and a design speed of 40 -45 MPH. No additional right -of -way is required by this plat. ROUGH PROPORTIONALITY DETERMINATION: The developer will be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the City's design criteria. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission considered this item at their July 17, 2014 meeting and voted 6 -0 to recommend approval. 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TO N . ... . . ............... . . ry Uj 3&M RWAMMM OU, T 9 I EXCERPT FROM THE MINUTES OF THE JULY 17, 2014 PLANNING AND ZONING COMMISSION MEETING SUP 2014 -07 Public Hearing and Consideration of a request from J & J NRH 100, FL for a Special Use Permit for a Detention /Retention Pond on 1.817 at the southern terminus of Bentley Drive. THIS PUBLIC HEARING IS CONTINUED FROM THE JUNE 19, 2014 MEETING. FP 2014 -03 Public Hearing and Consideration of a request from J & J NRH 100 FLP for a Final Plat of Thorn bridge East Phase V; being 43 single family residential lots on 15.407 acres located at 7817 and 7909 Precinct Line Road. Clayton Comstock, came forward to present the staff overview. Applications SUP 2014- 07 and FP 2014 -03 prefer to be discussed together, as both apply to the same project. The retention pond would be for a continuous hold of water. Surrounding the pond would be a retaining wall plus landscaping. Agreement has been made to install perpetual tree irrigation. Open space would be for utility easement and park area. Caroline Waggoner came forward to speak to the Little Bear Creek corridor. Much of this area is in the flood plain. Development of Thorn bridged iverted flow to Little Bear Creek. Evaluation of the diversion channel prior to Thornbridge phases II and III is why we would allow a detention pond to mitigate storm water run -off. The pond would also provide an aesthetic appeal. The fifty (50) foot minimum distance between pond and the nearest property line provided a buffer to mitigate run off. Little Bear Creek is the only natural tributary. It has had increased debris and water flow from the development. City will maintain where they have public right of way. Chairman Randall Shiflet reiterated that the city does not have the ability to go onto private property to maintain even though it is a natural tributary by ordinance. Applicant, Jason Weaver; 2405 Mustang Drive; Grapevine, TX; Civil Engineer with Goodwin and Marshall, representing Mr. Barfield and Our County Homes, came forward to present his application. He appreciates Ms. Waggoner's and Mr. Comstock's overview of the project. Slide presentations show the existing twenty two (22) acres of watershed that discharges into two (2) different drainage ditches. Twenty.six (20.6) acres will flow into the proposed detention point. The result is improved drainage and discharge rate of nearly all of the development. J & J NRH 100 has obtained land from Mr. Barfield to increase the development size. Chairman Randall Shiflet opened Public Hearing of C.2 Special Use Permit and C.3 Final Plat at 07:59 PM. Angela Stevens; 7132 Stoney brook; wished not to speak, but to express opposition. Austin Stevens; no address; wished not to speak, but to express opposition. Rick Stevens; 7132 Stoney brook Drive came forward in opposition. This is his Mom's property. Prior to this evening's presentation, nothing was presented to us in writing of what Mr. Barfield was offered. Our problem is the water drainage into ditch A. It has always been a minor ditch. Ditch B was always the main drainage for this area. The ditch is three (3) feet deep. It already blocks access to the opposite side of our own property. It is his belief that there will be more flooding and greater erosion with higher population density. We request that this proposal be denied and sent back to engineering. Chairman Randall Shiflet reiterated that all of the information presented by Mr. Stevens was received and presented to staff and has been reviewed with engineering. There is a definite downstream problem south of Kirk Lane. Rick Stevens stated that the city does have the family's permission to come onto our private property to make repairs on Little Bear Creek. The property has been in the family for 70 years. There has been thousands of acres of development flowing into that creek with no improvements. No -one comes to clean it up. And the area is still operating with the same bridge from the 1930's. Chairman, Randall Shiflet asked if someone could have a look at the culvert and bridge at Little Bear Creek on the Smith property. Dianna Smith, 9012 Clendara Drive; acting HCA President of Thornbridge East,. Phases II, III and IV; came forward in favor. Her property backs up to where that detention pond would be located. She has been in favor of prior excellent developments with Our Country Homes. Chairman, Randall Shiflet closed Public Hearing of C.2 Special Use Permit and C.3 Final Plat at 08:05 PM. 1 ►� »:I�711 ►� � Bill Schopper motioned to approve SUP 2014 -07 as proposed. The motion was seconded by Mark Haynes. The motion passed unanimously (6 -0). Don Bowen expressed faith in city staff that if engineering says the flooding will get better, it will do so, despite Mr. Steven's skepticism. ❑PPRC]VAI Don Bowman motioned to approve FP 2014 -03. The motion was seconded by Bill Schopper. The motion passed unanimously (6 -0). N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. E.0 PUBLIC WORKS (No items for this category) N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. F.0 GENERAL ITEMS N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. F.1 Setting the Date for the Public Hearing for the FY 2014/2015 City Budget, FY 2013/2014 Revised City Budget, proposed projects and operations of the Park and Recreation Facilities Development Corporation, and the Crime Control and Prevention District Presenter: Mark Mills, Budget & Research Director Summary: The City Council is asked to set the public hearing dates for the proposed FY 2014/2015 City Budget, FY 2013/2014 Revised City Budget, proposed projects and operations of the Park and Recreation Facilities Development Corporation, and the Crime Control and Prevention District. General Description: The City Council is asked to set the dates for the upcoming public hearings. Each hearing is planned for Monday, August 25, 2014. The Park and Recreation Facilities Development Corporation public hearing would be held at 6:15 p.m., and the Crime Control and Prevention District public hearing would be held at 6:30 p.m. The hearing for the FY 2014/2015 Proposed Budget and the FY 2013/2014 Revised Budget will be conducted as part of the regular City Council meeting, beginning at 7:00 p.m. In addition to setting these dates in a public meeting, a published notice will be required for each public hearing per the City Charter and State law. A copy of each notice accompanies this cover sheet. In compliance with State law, the proposed budget has been made available at the City Secretary's Office and at the North Richland Hills Public Library. Recommendation: Set the date for the public hearings as August 25, 2014, with the Parks and Recreation Facilities Development Corporation occurring at 6:15 p.m., the Crime Control and Prevention District occurring at 6:30 p.m. and the annual City Budget appearing as an item on the agenda for the 7:00 p.m. City Council meeting. NOTICE OF PUBLIC HEARING ON PROJECTS TO BE UNDERTAKEN BY NORTH RICHLAND HILLS PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION NOTICE IS HEREBY GIVEN that a public hearing is to be held by the Board of Directors of the North Richland Hills Park and Recreation Facilities Development Corporation during a meeting to be held at 6:15 p.m. on August 25, 2014 at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas, on the Corporation funding and undertaking of projects (including, but not limited to, future land acquisition, public right of way and infrastructure improvements, the construction of baseball and softball fields, construction or renovation of neighborhood and community parks, construction or renovation of dog /animal parks, playground equipment, construction and/or renovation of recreation facilities, public art, tree planting and other landscape improvements, senior citizen centers, building of hike and bike trails, park security improvements, update of the park system master plan, the operations of the tennis center, the expenditure of funds to pay operating costs of City owned projects undertaken by the Corporation, and economic and business development). A more detailed description of the projects to be undertaken by the Corporation covered by this notice is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. It is also available at the City of North Richland Hills Public Library, Monday through Saturday and online at www.nrhtx.com. NORTH RICHLAND HILLS CRIME CONTROL AND PREVENTION DISTRICT NOTICE IS HEREBY GIVEN that a public hearing is to be held by the Board of Directors of the North Richland Hills Crime Control and Prevention District on the 2014- 2015 proposed annual budget and 2013 -2014 revised budget during a meeting to be held at 6:30 p.m. on August 25, 2014 at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas. The proposed budget is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. It is also available for review at the City of North Richland Hills Public Library, Monday through Saturday and online at www.nrhtx.com. NOTICE OF PUBLIC HEARING 2014 -2015 PROPOSED ANNUAL BUDGET 2013 -2014 REVISED ANNUAL BUDGET NOTICE IS HEREBY GIVEN to all interested citizens in the City of North Richland Hills, that the City Council will hold a public hearing on the 2014 -2015 proposed annual budget and the 2013 -2014 revised annual budget on Monday, August 25, 2014 during the regular 7:00 p.m. City Council meeting at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas. This budget will raise more total property taxes than last year's budget by $961,181, or 4.1 %, and of that amount $455,063 is tax revenue to be raised from new property added to the tax roll this year. The proposed budget is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. The proposed budget is also available at the City of North Richland Hills Public Library, Monday through Saturday and online at www.nrhtx.com. N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. F.2 Setting August 25, 2014 and September 8, 2014 as the dates for the Tax Rate Public Hearings and Vote on Placing the Tax Rate Adoption on the Agenda of the September 22, 2014 City Council Meeting Presenter: Mark Mills, Budget & Research Director Summary: Council is requested to set the dates for the public hearings on the proposed tax rate of 61 cents per $100 of taxable valuation as August 25, 2014 and September 8, 2014. The City Council is also requested to vote to place the adoption of the tax rate as an action item on the September 22, 2014 Council agenda. General Description: In follow up to the FY 2014/2015 Budget Work Session, it is necessary to begin the process to of establishing a tax rate for the next fiscal year, in accordance with the City Charter and State law. At the Budget Work Session, a tax rate of 610 per $100 of taxable valuation was proposed. This is the same as the currently adopted tax rate of 610. Per Section 26.05(d) of the Tax Code, the City Council cannot adopt a tax rate that exceeds the lower of the rollback tax rate or the effective tax rate until two public hearings have been held on that tax rate. The proposed tax rate exceeds the effective tax rate of 59.6348¢ but remains below the rollback rate of 61.0103¢. As a result, the city of North Richland Hills will be required to conduct two public hearings on the tax rate. The proposed dates for these public hearings are Monday, August 25, 2014 and Monday, September 8, 2014, each to be held at the City of North Richland Hills City Hall. State law requires that the City Council vote to place the adoption of the tax rate on a future City Council agenda as an action item. The date for this vote is planned for Monday, September 22, 2014. This vote would appear as an action item on the agenda for the regular City Council meeting. Recommendation: That a vote be taken to set Monday, August 25, 2014 and Monday, September 8, 2014 as the dates for public hearings on the proposed 61 cents per $100 of taxable valuation and to place the adoption of the tax rate as an action item on the Monday, September 22, 2014 City Council agenda. N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. F.3 Consider Resolution to support a comprehensive, coordinated, interagency approach to Freeway Incident Management - Resolution No. 2014 -019 Presenter: Mike Hamlin, Assistant Police Chief Summary: The interchange of Northeast Loop 820, SH 121, and SH 183 has contributed substantially to traffic congestion problems in the past. With the North Tarrant Express (NTE) construction project nearing completion, an effort to maintain an uninterrupted traffic flow stemming from non - recurring events is of importance. The Police Department has been made aware of grant funds, through the North Central Texas Council of Governments (NCTCOG), to aid cities in mitigating non - recurring traffic incidents which lead to congestion. A prerequisite of grant eligibility requires resolution approval supporting the comprehensive, coordinated, interagency approach to freeway incident management. General Description: The North Richland Hills Police Department anticipates applying for grant funds in the near future that will be used to acquire a courtesy patrol -type vehicle that will be utilized along the NTE corridor, other thoroughfares in North Richland Hills and the adjoining cities. To be eligible for this funding, the City must have a resolution in place supporting the comprehensive, coordinated, interagency approach to freeway incident management. This resolution sets forth several goals that the Police Department either meets or is in the process of accomplishing: 1) Staff is working with TxDOT to gain access to the traffic highway cameras through the public safety communication center; 2) All sworn supervisors within the police department attend the Freeway Incident Management Course hosted by NCTCOG; 3) The software operated in the public safety communications center utilizes a GIS database that provides quick jurisdictional identification of incidents along the corridor; 4) By statute, police officers are authorized to remove vehicles from the highway that are perceived to be an impediment to traffic flow; and 5) Policy development is underway with neighboring jurisdictions along the corridor to tow vehicles that are in violation. Recommendation: Approve Resolution No. 2014 -019 N RH IN� -10lR1jd[01241L4 WWill E Ell K WHEREAS, the Regional Transportation Council (RTC), comprised primarily of local elected officials, is the regional transportation policy board associated with the North Central Texas Council of Governments (NCTCCG) and the regional forum for cooperative decisions on transportation; and, WHEREAS, the RTC adopted Resolution R08 -10 (an update to RTC Resolution R03 -01) that supports a comprehensive, coordinated, interagency approach to Freeway Incident Management; and, WHEREAS, the goal of the NCTCCG Freeway Incident Management Training Program is to initiate a common, coordinated response to traffic incidents that will build partnerships, enhance safety for emergency personnel, reduce secondary traffic crashes, improve the efficiency of the transportation system, and improve air quality in the Dallas -Fort Worth region; and, WHEREAS, non - recurring traffic incidents are responsible for about 50 percent of all congestion and the secondary crashes caused by these incidents kill or injure hundreds annually in the Dallas -Fort Worth area; and, WHEREAS, multi- agency coordination and the implementation of "best practices" Freeway Incident Management techniques reduce congestion on affected roadways and improve the safety of incident responders; and, WHEREAS, effective policies, training, equipment and technology that aid in quick incident clearance can both assist with keeping motorists and first responders safe on the roadway and assist in improved air quality for the region; and, WHEREAS, in partnership with regional incident response agencies, NCTCCG has established definitions for regional incident management performance measures: incident clearance time, roadway clearance time, secondary crash, and recovery time; and, WHEREAS, the North Richland Hills Police Department has recommended adoption of this resolution by the City Council in order to promote safety on roadways within the region; NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. The City of North Richland Hills supports a comprehensive, coordinated, interagency approach to Freeway Incident Management. Section 2. The City of North Richland Hills supports the quick detection and clearance of traffic incidents using state -of- the -art traffic surveillance, traveler notification, and crash investigation equipment. Section 3. The City of North Richland Hills encourages all personnel involved in Freeway Incident Management to participate in available training opportunities and exercises that promote the objectives within this resolution —a common, comprehensive approach that maintains the safety of incident responders and travelers, while minimizing clearance time. Section 4. The City of North Richland Hills supports an enhanced Geographic Information Systems (GIS) based incident location system that will aid incident reporters and responders in the timely detection and verification of incidents. Section 5. The City of North Richland Hills supports a uniform policy whereby law enforcement agency personnel may remove personal property from a roadway or right -of -way, without the consent of the owner or carrier of the property, if the agency determines that the property blocks the roadway or endangers public safety. Section 6. The City of North Richland Hills supports adopting a quick clearance policy or towing. Section 7. The City of North Richland Hills supports the use and tracking of regional incident management performance measures. Section 8. The City of North Richland Hills supports the development of interagency agreements for incident management operations that include safe, quick clearance goals stated as time goals for incident clearance. Section 9. The City of North Richland Hills supports participation in multi- disciplinary post incident reviews after major incidents to share lessons learned. Section 10. The City of North Richland Hills supports consistent, coordinated operational strategies for major freeway and toll road projects that include quick incident clearance practices, and that these strategies will be consistently adopted prior to major freeway and toll road improvement expenditures in order to ensure that the expected mobility benefits are realized. AND IT IS SO RESOLVED. PASSED AND APPROVED on the 11th day of AUGUST, 2014. ►:ri III =36 Alicia Richardson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Public Safety Director N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. C.0 EXECUTIVE SESSION ITEMS N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. C.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. H.0 INFORMATION AND REPORTS NRH COUNCIL MEMORANDUM From: The Office of the City Manager Subject: Agenda Item No. HA Announcements - Councilman Welch Presenter: Announcements Date: 8 -11 -2014 The NRH Centre is holding indoor triathlons on Thursday, August 14th and Saturday, August 16th starting at 7 a.m. Participants will compete in swimming, cycling and running. To sign up or get more information visit the NRH Centre or call 817- 427 -6600. Registration is underway for adult softball leagues. The fall softball season begins on September 8th. For more information, visit the Athletics Division webpage or call 817- 427 -6619. Carter Blood Care will be holding a blood drive at the NRH Public Library on Monday, August 25th. Stop by the Community Room between 11:45 a.m. and 5:30 p.m. to donate. For more information, please call the Library at 817- 427 -6800. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Volunteer Rachelle Jones and the staff of the Animal Adoption & Rescue Center — After a matted dog came into the center as a stray, it was learned that the owner was a terminally ill woman who was in the hospital. The center personnel used donations to get the dog groomed and vaccinated so that her husband wouldn't have to worry about these things and could focus on caring for his wife. The husband emailed his thanks and appreciation for the kindness shown by the shelter personnel and Rachelle in particular. "Her demeanor could not have been any better and her obvious concern for the NRH citizens, both human and animal, is commendable," he said. "I left the facility with a smile on my face and a warm spot in my heart." N RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -11 -2014 Subject: Agenda Item No. H.2 Adjournment