HomeMy WebLinkAboutPZ 2016-01-21 Agendasalk
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NORTH KICHLAND HILLS
CITY OF NORTH RICHLAND HILLS
PLANNING AND ZONING COMMISSION AGENDA
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TX 76180
THURSDAY, JANUARY 21, 2016
WORK SESSION: 6:30 PM
Held in the City Council Work Room
CALL TO ORDER
1. Announcements - Upcoming City Events
2. Discuss development activity report and City Council action.
3. Discuss Items from the Regular Planning & Zoning Commission Meeting.
4. Discuss possible revisions to Residential Construction standards contained
within Chapter 118 of the City Code (Zoning Ordinance).
REGULAR MEETING: Immediately following worksession (but not earlier than 7:00 pm)
Held in the City Hall Council Chambers
A. CALL TO ORDER
A.1 PLEDGE OF ALLEGIANCE
EXECUTIVE SESSION
The Planning and Zoning Commission 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 Planning and Zoning Commission to seek advice from
the city attorney (551.071) as to the posted subject matter of this Planning and
Zoning Commission meeting.
The Planning and Zoning Commission 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.
B. MINUTES
B.1 Approve minutes of the December 17, 2015 Planning & Zoning Commission
Meeting.
Thursday January 21, 2016 Planning and Zoning Commission Agenda
Page 1 of 2
B.2 Approve minutes of the January 7, 2016 Planning & Zoning Commission
Meeting.
C. PUBLIC HEARINGS
C.1 SUP 2015 -10, Ordinance 3388, Public Hearing and consideration of a request
from Big Red Dog Engineering for a Special Use Permit for a Detention Pond on
the proposed Athlos Academies Charter School site located at 6601 Glenview
Drive & 4131 Rufe Snow Drive. PUBLIC HEARING CONTINUED FROM THE
JANUARY 7, 2016 PLANNING AND ZONING COMMISSION MEETING.
D. PLANNING AND DEVELOPMENT
D.1 RP 2015 -12 Consideration of a request from The Charter School Fund, LLC for
a Replat of Lot 1 R, Block 1, Northglenn Addition on 12.847 acres located at 6601
Glenview Drive and 4131 Rufe Snow Drive.
D.2 RP 2015 -10 Consideration of a request from Winkelmann & Associates for a
Replat of North Tarrant Marketplace Addition on 27.131 acres located in the
9100 block of North Tarrant Parkway.
E. ADJOURNMENT
Certification
I do hereby certify that the above notice of meeting of the North Richland Hills Planning
and Zoning Commission was posted at City Hall, City of North Richland Hills, Texas in
compliance with Chapter 551, Texas Government Code on January 18, 2016 at 5:15
PM.
City Secretary
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours
prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060
for further information.
Thursday January 21, 2016 Planning and Zoning Commission Agenda
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the City Manager Date: January 21, 2016
Subject: Announcements - Upcoming City Events
Presenter: Clayton Husband, Principal Planner
Summary:
General announcements and upcoming events in North Richland Hills.
General Description:
At each Planning & Zoning Commission meeting a member of staff announces
upcoming events in the City.
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the City Manager Date: January 21, 2016
Subject: Discuss development activity report and City Council action.
Presenter: Clayton Comstock, Planning Manager
Summary:
Staff will present a summary of current development activity.
General Description:
The Planning & Zoning Commission will be presented with items being considered by
the Development Review Committee (DRC). Staff will also present previous City
Council action.
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the City Manager Date: January 21, 2016
Subject: Discuss Items from the Regular Planning & Zoning Commission
Meeting.
Presenter: Clayton Comstock, Planning Manager
Summary:
The purpose of this item is to allow the Planning & Zoning Commission the opportunity
to discuss any item on the regular Planning & Zoning Commission agenda.
General Description:
The purpose of this item is to allow the Planning & Zoning Commission the opportunity
to inquire about items that are posted for discussion and deliberation on the regular
Planning & Zoning Commission agenda. The Commission is encouraged to ask staff
questions to clarify and /or provide additional information on items posted on the regular
agenda.
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the City Manager Date: January 21, 2016
Subject: Discuss possible revisions to Residential Construction standards
contained within Chapter 118 of the City Code (Zoning Ordinance).
Presenter: Clayton Comstock, Planning Manager
Summary:
Staff has been presented with a unique building material that demonstrates some of the
same application characteristics of masonry material but not the same visual
characteristics. Staff would like to take this opportunity to seek the Planning and Zoning
Commission and City Council's continued guidance on the definition of "masonry" as it
specifically relates to residential construction in North Richland Hills.
General Description:
A residential homebuilder in North Richland Hills requested permission to apply a
manufactured stone veneer of the "WoodStone Series" by Q,9!Eor ado Stone f y ir�cuC
,„, „s,„��
(visit and explore their website by clicking on the link) to over 15% of a home's facade.
The product —which staff will have a sample of at the meeting —is heavier and thicker
than a conventional cementitious siding (i.e. Hardieplank® lap siding) that you would
see in Hometown. The City has allowed similar products in the past to be applied to
residential and commercial structures; but never has a product that looked like wood
" "CH's definitions been proposed.
The manufactured stone veneer material has a wood plank appearance but is applied in a
craftsman -like manner, meeting the installation standards for masonry in NRH.
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Staff is proposing three options for interpreting this and similar materials in North Richland Hills:
Option A
This is not masonry and should be limited to 15% of a home's fagade.
A revision to the definition of "masonry" may be required to further define it as material that has
the appearance of brick or stone. Such action would categorize this specific material as
"accent" material similar to metal, wood siding, stucco, EIFS or other non - defined materials.
Option B
This is masonry, but should be limited to a certain percentage of a home's fagade.
The product may not be visually offensive and may offer a new and unique look to homes; but a
home fully clad in this material may not be in keeping with the spirit and intent of the masonry
requirement. In this case, a new material category may be established that allows up to 30%
(example) of certain building materials. This would be similar to the recent change to non-
residential construction materials, where masonry materials were further categorized into
"Group A" and "Group B" materials. For reference, below is the table that was approved by City
Council for non - residential construction.
Sec. 118- 693(a)
Required masonry percentage. The minimum required percentage of masonry on the exterior wall surface
of all structures located on property zoned for nonresidential uses, as viewed from each elevation, shall
be 85 percent and in accordance with the schedule contained in the following Table 6 -2. The area of door
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Option C
This is masonry. Homeowners and homebuilders should be allowed to use it on the
exterior of their entire house.
In this case, an ordinance change may not be necessary and staff will implement the Planning
and Zoning Commission and City Council's direction to interpret the material as masonry.
Attached below for review and reference are the existing Residential Construction standards
provided by Article V, Division 4, Subdivision 11 of the Zoning Ordinance.
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4.a
Subdivision II. - Residential Construction
Sec. 118 -671. - Required masonry percentage.
(a) Generally. The minimum required percentage of masonry on the exterior wall surface of all
residential primary structures, as viewed from each elevation, shall be in accordance with the
schedule contained in Table 6 -1.
(b) Exemption. An exemption to the masonry requirement shall apply to existing residential structures,
including all permanent structures, which do not meet the masonry requirement. Any enlargement of
an existing residential structure, including all permanent structures, shall provide an amount of
masonry which matches the adjacent surfaces of the existing structure.
(c) Masonry calculation (residential). Minimum masonry percentage requirements shall include a
combination of brick, ceramic block, stone, or other masonry materials installed in a craftsman like
manner that are a minimum of one inch thick and imbedded in a cementitious reinforced substrate.
(d) Alternative materials. Up to 15 percent of the wall surface no closer than eight feet from the adjacent
grade level can use non -wood or alternative materials such as siding, reinforced cement board,
stucco and other comparable masonry systems approved by the building official. Wood based
products for siding materials including eaves, sofits, and chimneys are prohibited except as allowed
by a special use permit for unusual construction. Residential masonry materials and alternate
materials do not include concrete block, concrete tilt wall or EIFS systems.
Sec. 118 -672. - Exterior wall surface defined.
For the purpose of this subdivision, the exterior wall surface shall be defined as the entire exposed
exterior wall surface for each elevation.
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Sec. 118 -673. - Unusual construction.
Other types of residential construction including but not limited to geodesic domes, log homes, A-
frame construction, may be allowed only after issuance of a special use provision (refer to division 6,
article 11 of this chapter).
Sec. 118 -674. - Roof pitch ratio.
Any structure constructed for the purpose of residential use must have a roof with a pitch ratio of at
least four verticals to 12 horizontals (4:12).
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the City Manager Date: January 21, 2016
Subject: Approve minutes of the December 17, 2015 Planning & Zoning
Commission Meeting.
Presenter: Clayton Comstock, Planning Manager
Summary:
The minutes are approved by majority vote of the Commission at the Planning & Zoning
Commission meetings.
General Description:
The Planning & Zoning Office prepares action minutes for each Planning & Zoning
Commission meeting. The minutes from each meeting are placed on a later agenda for
review and approval by the Commission. Upon approval of the minutes, an electronic
copy will be uploaded to the City's website.
Recommendation:
Approve minutes of the December 17, 2015 Planning & Zoning Commission Meeting.
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MINUTES OF THE WORK SESSION AND REGULAR MEETING
OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
DECEMBER 17, 2015
WORK SESSION
The Planning and Zoning Commission of the City of North Richland Hills, Texas met in
work session on the 17th day of December 2015 at 6:30 p.m. in the City Council
Workroom prior to the 7:00 p.m. regular session.
Present: Randall Shiflet
Bill Schopper
Don Bowen
Mike Benton
Steven Cooper
Kathy Luppy
Jerry Tyner
Mark Haynes
Place 4, Chairman
Place 6, Vice Chairman
Place 3, Secretary
Place 2
Place 7
Place 5
Ex- Officio
Place 1
Staff Members: Clayton Comstock Planning Manager
Clayton Husband Principal Planner
Marrk Callier Management Assistant
Caroline Waggoner City Engineer
Cindy Garvin Recording Secretary
Call to Order
Chairman Shiflet called the meeting to order at 6:31 p.m.
1. General Announcements - upcoming city events
Planning Manager Clayton Comstock presented general announcements about
upcoming city events.
2. Discuss development activity report and City Council action
Planning Manager Clayton Comstock discussed development activity and recent City
Council activity.
3. Discuss items from the regular Planning and Zoning Commission Meeting
Staff presented items from the regular Planning and Zoning Commission meeting.
4. Adjournment
December 17, 2015
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There being no other business, Chairman Shiflet adjourned the work session at 7:00
p.m. and announced that the Commission would convene to the regular Planning and
Zoning Commission meeting.
REGULAR PLANNING AND ZONING COMMISSION MEETING
A.0 CALL TO ORDER
Chairman Shiflet called the December 17, 2015, meeting to order at 7:05 p.m.
Present: Randall Shiflet
Bill Schopper
Don Bowen
Mike Benton
Steven Cooper
Kathy Luppy
Jerry Tyner
Mark Haynes
Place 4, Chairman
Place 6, Vice Chairman
Place 3, Secretary
Place 2
Place 7
Place 5
Ex- Officio
Place 1
Staff Members: Clayton Comstock Planning Manager
Clayton Husband Principal Planner
Caroline Waggoner City Engineer
Marrk Callier Management Assistant
Cindy Garvin Recording Secretary
A.1 PLEDGE OF ALLEGIANCE
Kathy Luppy led the pledge of allegiance to the United States and Texas flags.
EXECUTIVE SESSION
The Planning and Zoning Commission 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 Planning and Zoning Commission to seek advice from the city attorney (551.071)
as to the posted subject matter of this Planning and Zoning Commission meeting.
The Planning and Zoning Commission 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 51, Texas
Government Code.
December 17, 2015
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Chairman Shiflet announced that all Commission members are present.
Chairman Shiflet clarified that Jerry Tyner serves in an ex- officio capacity on the
Commission. This capacity, according to our city charter, allows him to participate in
the discussions, but does not allow him to vote on any cases.
B.0 MINUTES
B.1 Approve minutes of the December 3, 2015, Planning and Zoning Commission
meeting.
APPROVED
BILL SCHOPPER MOVED TO APPROVE MINUTES OF THE DECEMBER 3, 2015, MEETING. KATHY
LUPPY SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0
C. PUBLIC HEARINGS
C.1 ZC 2015 -15 Public Hearing and Consideration of a request from D'Lee
Properties, LLC for a Zoning Change from C -1 Commercial to RI -PD
Residential Infill Planned Development on 2.27 acres located at 7800
Starnes Road.
APPPOVFn
Principal Planner Clayton Husband presented ZC 2015 -15 Public Hearing and
Consideration of a request from D'Lee Properties, LLC for a Zoning Change from C -1
Commercial to RI -PD Residential Infill Planned Development on 2.27 acres located at
7800 Starnes Road.
Doug Terry and Lee Martin, 1001 Edgewater Court, Colleyville, came forward to request
a Zoning change to build custom homes from 2500 to 4000 square feet.
Randall Shiflet asked who would maintain the common area in the future.
Doug Terry feels that very little maintenance will be needed for landscaping. HOA will
be set up and reserves will be set up for future street repairs.
Randall Shiflet opened the public hearing at 7:21 p.m.
Sean Leonard, 7840 Old Hickory Drive, is in favor of the request and will be a future
neighbor of this project if approved and feels that these custom homes will complement
this area.
December 17, 2015
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Jason Danforth, representing Wellspring Church, 7300 Smithfield Road, stated the
church is in favor of the zoning request.
Joe Grazer, 7312 Lindwall Court, expressed concerns about privacy issues and fencing
issues.
Jane Grazer, 7312 Lindwall Court, expressed concerns about added traffic on
Smithfield and feels that it is already at full capacity. Ms. Grazer expressed concern
about privacy from the back of the house.
Pam Horton, 7324 Lindwall Court, expressed concern about the fences and who they
will be contacting for repairs.
There being no one else wishing to speak, Chairman Shiflet closed the public hearing at
7:28 p.m.
Applicant Doug Terry responded to questions. Homes may be one story or two stories
and fence repairs will be maintained by home owners, not the HOA. Traffic should not
be affected by seven homes being built.
Commissioners discussed the lot size and back yards.
Doug Terry stated that the size of the lots will allow pools and still have enough for a
back yard.
Randall Shiflet stated that this property is currently zoned commercial and believes that
the change will be a good fit for the neighborhood.
BILL SCHOPPER MOVED TO APPROVE ZC 2015 -17. MIKE BENTON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
C.2 SUP 2015 -09 Public Hearing and Consideration of a request from Mutt
Shack, LLC for a Special Use Permit for Dog Day Care & Boarding on 1.28
acres located at 8415 Davis Boulevard.
APPROVED
Principal Planner Clayton Husband presented ZC 2015 -09 Pubic Hearing and
Consideration of a request from Mutt Shack, LLC for a Special Use Permit for Dog Day
Care & Boarding on 1.28 acres located at 8415 Davis Boulevard.
December 17, 2015
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Steffenie Vela, 1509 Smoke Tree Drive, Keller, is co -owner of Mutt Shack and is
requesting a Special Use Permit to operate a dog day care and boarding. It is a place
where pet owners will be able to leave their pets for day care use and overnight
boarding.
Randall Shiflet asked how many dogs would be at the daycare /boarding at one time
Steffenie Vela answered that the total amount at one time would be 28 dogs.
The Commission had no further questions for staff or the applicant.
Chairman Shiflet opened the public hearing at 8:02 p.m. and asked for anyone wishing
to speak on the item to come forward.
Shauntell Vela came forward to say she is in favor of this business.
Joe Demonty, 5008 Oak Mill Drive, Fort Worth, with Don't Forget To Feed Me, is in
favor of the request.
Gloria Walker, 207 East Fuller, Euless, supports this business.
Sandy Wiresone, 2848 Autumn Drive, Hurst, is in support of this business.
Kelly Brace, 1421 Lake Shore, Oak Point, practice manager at Animal Hospital and
Clinic of Arlington is in support of this business opening and thinks it will be a value to
the community.
There being no one wishing to speak, Chairman Shiflet closed the public hearing at 8.10
p.m.
KATHY LUPPY MOVED TO APPROVE SUP 2015 -09. STEVEN COOPER SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6 -1 (SHIFLET).
C.3 ZC 2015 -23 Public Hearing and Consideration of a request from Sempco
Surveying, Inc for a Zoning Change from AG Agricultural to R -1 -S Special
Single Family on 1.091 acres located at 7148 Hightower Drive.
APPROVED
Planning Manager Clayton Comstock presented ZC 2015 -23 Pubic Hearing and
Consideration of a request from Sempco Surveying, Inc for a Zoning Change from AG
Agricultural to R -1 -S Special Single Family on 1.091 acres located at 7148 Hightower
Drive.
December 17, 2015
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George Hill, 3208 South Main, Fort Worth, land surveyor at Sempco is representing
Wade Greathouse requesting a zoning change.
Chairman Shiflet opened public hearing at 8:18 p.m. and asked for anyone wishing to
speak on the item to come forward.
Eric Wyatt, 7129 Goodnight Ranch Road, is opposed to this zoning change because if a
home is built on this property it will devalue his home. Mr. Wyatt is also very concerned
about the facing of the front of the home.
James Bickley, 7117 Goodnight Ranch Road, is opposed and is not present to speak
Planning Manager Clayton Comstock clarified the 20- percent rear yard requirement,
setbacks, and direction a house may face.
Julie Shirley, 7125 Goodnight Ranch Road, is opposed and believes it will devalue her
home.
Michael Vitale, 7121 Goodnight Ranch Road, is opposed and feels that headlights will
be shining in his bedroom.
Planning Manager Clayton Comstock responded to questions from the Chairman
regarding the minimum 50 -foot street frontage requirement of the Subdivision
Ordinance.
John Shirley, 7125 Goodnight Ranch Road, is opposed and voiced concerns about a
house sitting empty on the land for long periods of time.
There being no one wishing to speak, Chairman Shiflet closed the Public Hearing at
8:30 p.m.
DON BOWMEN MOVED TO APPROVE ZC 2015 -23. STEVEN COOPER SECONDED THE MOTION.
Don Bowen stated that he does not believe this house would be built on speculation.
MOTION TO APPROVE CARRIED 6 -1 (BENTON).
D. PLANNING AND DEVELOPMENT
D.1. FP 2015 -06 Consideration of a request from Sempco Surveying, Inc for a
Final Plat of the Maloney Addition on 1.091 acres located at 7148 Hightower
Drive.
APPROVED
DON BOWEN MOVED TO APPROVE FP 2015 -06. MARK HAYNES SECONDED THE MOTION.
December 17, 2015
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MOTION TO APPROVE CARRIED 6 -1 (BENTON).
ADJOURNMENT
Chairman Shiflet adjourned the meeting at 8:32 p.m.
Chairman
Secretary
Randall Shiflet Don Bowen
Recording Secretary
December 17, 2015
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the City Manager Date: January 21, 2016
Subject: Approve minutes of the January 7, 2016 Planning & Zoning
Commission Meeting.
Presenter: Clayton Comstock, Planning Manager
Summary:
The minutes are approved by majority vote of the Commission at the Planning & Zoning
Commission meetings.
General Description:
The Planning & Zoning Office prepares action minutes for each Planning & Zoning
Commission meeting. The minutes from each meeting are placed on a later agenda for
review and approval by the Commission. Upon approval of the minutes, an electronic
copy will be uploaded to the City's website.
Recommendation:
Approve minutes of the January 7, 2016 Planning & Zoning Commission Meeting.
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MINUTES OF THE WORK SESSION AND REGULAR MEETING
OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
JANUARY 7, 2016
WORK SESSION
The Planning and Zoning Commission of the City of North Richland Hills, Texas, met in
work session on the 7th day of January 2016, at 6:30 p.m. in the City Council Workroom
prior to the 7:00 p.m. regular session.
Present: Randall Shiflet
Bill Schopper
Don Bowen
Mark Haynes
Mike Benton
Kathy Luppy
Steven Cooper
Jerry Tyner
Place 4, Chairman
Place 6, Vice Chairman
Place 3, Secretary
Place 1
Place 2
Place 5
Place 7
Ex- Officio
Staff Members: Clayton Comstock Planning Manager
Clayton Husband Principal Planner
Chad VanSteenberg Planner
Caroline Waggoner City Engineer
Justin Naylor Civil Engineer
Marrk Callier Management Assistant
Cheryl Booth Recording Secretary
Call to Order
Chairman Shiflet called the meeting to order at 6:30 p.m.
1. General Announcements - upcoming city events
Planning Manager Clayton Comstock presented general announcements about
upcoming city events.
2. Discuss development activity report and City Council action
Planning Manager Clayton Comstock discussed development activity and recent City
Council activity.
3. Discuss items from the regular Planning and Zoning Commission Meeting
January 7, 2016
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Staff presented items from the regular Planning and Zoning Commission meeting.
Regarding SUP 2015 -10, a Special Use Permit for a detention pond on the proposed
Athlos Academies charter School site at 6601 Glenview Drive and 4131 Rufe Snow
Drive, staff recommends postponing this item to the February 4, 2016, Planning and
Zoning Commission meeting. There are two issues affecting the plat and additional
information is needed. Recommendations from the traffic study may result in right -of-
way dedication and street improvement requirements on Glenview Drive or Rufe Snow
Drive. In addition, there is an existing Atmos gas line on the property. The public
hearing may be opened and can be continued until the February 4, 2016, meeting.
Jerry Tyner asked if siltation is a problem with detention ponds and about pond
maintenance.
Caroline Waggoner, City Engineer, responded that siltation could occur with heavy
rains. She agreed that there could be a need within 5 to 10 years to clean out silt.
Justin Naylor, Civil Engineer, added that the detention pond is only activated when there
are large rain events. He clarified that maintenance agreements are written into the
SUP agreements with the property owners.
Steven Cooper asked for clarification that this SUP is required only because of the
detention pond.
Clayton Comstock responded that the school use is a permitted use. The SUP is only
for the detention pond. The Commission will review the plat for this development, but no
approval is necessary for the school use.
Don Bowen inquired if this is similar to Pulte Homes pond on the Glenwyck Addition has
it had any issues with silt build up.
Caroline Waggoner responded that there have not been any issues at the location. The
maintenance agreement for this pond is the same.
Mike Benton inquired about the former barbershop property at that corner.
Caroline Waggoner responded that there has not been an opportunity for the City to
purchase that property. It is a separate owner from the school site.
4. Adjournment
There being no other business, Chairman Shiflet adjourned the work session at 6:54
p.m.
January 7, 2016
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REGULAR PLANNING AND ZONING COMMISSION MEETING
The Planning and Zoning Commission regular meeting is immediately following the
work session (but not earlier than 7:00 p.m.) in the main council chambers.
A.0 CALL TO ORDER
Chairman Shiflet called the January 7, 2016 meeting to order at 7:01 p.m.
Present: Randall Shiflet
Bill Schopper
Don Bowen
Mark Haynes
Mike Benton
Kathy Luppy
Steven Cooper
Jerry Tyner
Place 4, Chairman
Place 6, Vice Chairman
Place 3, Secretary
Place 1
Place 2
Place 5
Place 7
Ex- Officio
Staff Members: Clayton Comstock Planning Manager
Clayton Husband Principal Planner
Chad VanSteenberg Planner
Caroline Waggoner City Engineer
Justin Naylor Civil Engineer
Marrk Callier Management Assistant
Cheryl Booth Recording Secretary
A.1 PLEDGE OF ALLEGIANCE
Jerry Tyner led the pledge of allegiance to the United States and Texas flags.
EXECUTIVE SESSION
The Planning and Zoning Commission 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 Planning and Zoning Commission to seek advice from the city attorney (551.071)
as to the posted subject matter of this Planning and Zoning Commission meeting.
The Planning and Zoning Commission 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 51, Texas
Government Code.
January 7, 2016
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Page 3
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Chairman Shiflet clarified that Gerald Tyner is Ex- Officio capacity on the Commission.
This capacity, according to our city charter does allow him to participate in the
discussions, but does not allow him to vote on any cases.
B. PUBLIC HEARINGS
B.1 SUP 2015 -10 Public Hearing and consideration of a request from Big Red
Dog Engineering for a Special Use Permit for a Detention Pond on the
proposed Athlos Academies Charter School site located at 6601 Glenview
Drive and 4131 Rufe Snow Drive.
TABLE TO JANUARY 21, 2016 MEETING
Chairman Shiflet called on staff to present SUP 2015 -10.
Principal Planner Clayton Husband presented the request. Staff recommends
postponing action this item to the February 4, 2016, Planning and Zoning Commission
meeting. There are two issues affecting the plat and additional information is needed.
Recommendations from the traffic study may result in right -of -way dedication and street
improvement requirements on Glenview Drive or Rufe Snow Drive. In addition, there is
an existing Atmos gas line on the property. The public hearing may be opened and can
be continued until the February 4, 2016, meeting.
Chairman Shiflet inquired about the fencing material.
Clayton Husband responded the fence would be ornamental iron only and that masonry
columns are not recommended.
Chairman Shiflet opened Public Hearing at 7:14 p.m. and asked for the applicant or
their representative to come forward.
Aaron Carroll, 418 South 9t" Street, Suite 200, Boise, Idaho, with Athlos Academy
presented the request. He stated they were in agreement with the conditions as
presented by staff with exception of when the application would be postponed. He
requested that the application be considered at the January 21, 2016, meeting in order
to remain on schedule to meet their fall semester timeline. They would have to consider
to delay the project for a full year or to abandon the project completely.
Clayton Comstock agreed that postponing until the January 21, 2016, meeting would be
acceptable. He clarified that the plat may not be ready to be considered with the SUP
request at that time, so there is still the risk that this application could be recommended
to be postponed again.
January 7, 2016
P &Z Minutes
Page 4
B.2.a
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Douglas Barrilleaux, 4925 Greenville Avenue, Dallas, TX, project engineer came
forward. He was in favor of presenting at the January 21, 2016, meeting with the
understanding that it could be postponed again.
Chairman Shiflet asked for a description of the school program.
Aaron Carroll stated the academy has an international focus. They teach three
languages - English, Spanish, and Mandarin Chinese - starting in kindergarten. There is
an exchange project with China during high school. The Athlos model is prepared mind,
healthy body, and performance character, integrating free play with learning.
Chairman Shiflet inquired about similar school locations.
Mr. Barrilleaux stated that there is a K -8 and high school in Garland, a K -8 school in
north Fort Worth, a K -8 school in Arlington, and a K -8 and high school under
construction in Grand Prairie. The North Richland Hills location would be a K -8 school.
Ronnie Bentley, 4025 Rufe Snow Drive, North Richland Hills, came forward in
opposition. His business is located behind the Shell station. His concern is that there is
an underground water table that comes up through the expansion joints of the parking
lot, and that the detention pond would add to his problem, causing additional
deterioration of his property. There have been public work visits to his property. He does
not see the purpose for the pond when the Food Lion store did not require one.
Chairman Shiflet inquired about his address location.
Mr. Bentley stated that they are next to where the water tower was located. He had built
a larger parking lot during the finish out of his building.
Don Bowen clarified that the detention pond is used to slow down the pace of the water
drainage and that it is not a retention pond. There is a significant difference between
these two because it does not hold water all the time.
Mr. Bentley inquired if Food Lion had a need.
Don Bowen responded that there had been some issues with water when Food Lion
was located at that property.
Chairman Shiflet left open Public Hearing at 7:23 p.m., with the intent to be continued at
the January 21, 2016, meeting.
DON BOWEN MOVED TO POSTPONE ACTION ON SUP 2015 -10 AND TO CONTINUE THE PUBLIC
HEARING TO JANUARY 21, 2016. STEVEN COOPER SECONDED THE MOTION.
MOTION CARRIED 7 -0.
January 7, 2016
P &Z Minutes
Page 5
B.2.a
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ADJOURNMENT
Chairman Shiflet adjourned the meeting at 7:24 p.m.
Chairman
Secretary
Randall Shiflet Don Bowen
Recording Secretary
January 7, 2016
P &Z Minutes
Page 6
B.2.a
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the City Manager Date: January 21, 2016
Subject: SUP 2015 -10, Ordinance 3388, Public Hearing and consideration of a
request from Big Red Dog Engineering for a Special Use Permit for a
Detention Pond on the proposed Athlos Academies Charter School site
located at 6601 Glenview Drive & 4131 Rufe Snow Drive. PUBLIC
HEARING CONTINUED FROM THE JANUARY 7, 2016 PLANNING
AND ZONING COMMISSION MEETING.
Presenter: Clayton Comstock, Planning Manager
Summary:
Athlos Academies, represented by Big Red Dog Engineering, is requesting a Special
Use Permit (SUP) for a detention pond associated with the development of a charter
school. The school property is 12.83 acres in size and located at the northwest corner of
Rufe Snow Drive and Glenview Drive. The property is the site of the former Food Lion
grocery store.
General Description:
The applicant is requesting approval of a Special Use Permit to authorize the use of a
detention pond on the site. Section 118 -729 of the Zoning chapter and Section 102 -124
of the Floods and Stormwater Management chapter of the Code of Ordinances
establish the requirements and standards for the Special Use Permit. The use of all
detention or retention ponds requires approval of a Special Use Permit.
A replat is also in process of being reviewed by staff. It is required because the
proposed building is located on two existing lots. Staff is recommending that this
Special Use Permit request be tabled to a future meeting until such time that the replat
and the SUP can be considered at the same time.
Existing Drainage Conditions
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" ArRok.,
NORTH KIC;HLA D HILLS
The 13 -acre site is located near the downstream end of a 97 -acre drainage area that is
fully developed. The site represents approximately 13% of the entire watershed.
Stormwater enters the site through an underground drainage system in Rufe Snow
Drive from the northeast and from a storm drain system internal to the site from the
northwest. These two drainage systems (northeast and northwest) discharge
stormwater into a natural undeveloped area of the property near the middle of
the site. Stormwater then exits the site through an existing headwall at Glenview Drive
with a 72 -inch pipe running down Jackie Lee Street and ultimately draining into Mackey
Branch. The system in Jackie Lee Street does not have the capacity to accommodate
the existing stormwater runoff leaving the site unless it is detained on the site. Currently,
the natural undeveloped area functions as a detention pond.
City codes allow for detention ponds to be considered if the proposed development is
discharging stormwater into a developed downstream system that does not have the
capacity to handle the runoff. That is the situation that exists today at this location.
During the evaluation of the site and the existing conditions of the area, the applicant
concluded that either a detention pond would be necessary to accommodate
development of the site or a new parallel drainage system would need to be constructed
to accommodate the existing runoff and the additional runoff caused by the new
development. It is the opinion of staff that improving the downstream system in Jackie
Lee Street is the preferred and more permanent solution to the regional drainage issues
in this area. However, the applicant's desired construction timeline and limited public
resources to improve the downstream system has led to this detention pond proposal.
Proposed Drainage System & Detention Pond Design
The athletic field on the site would also be used as a detention area. This detention area
would drain from the athletic field into the proposed detention pond adjacent to
Glenview Drive through an underground storm drain system. During heavy rain events,
the system would slow down the rate that stormwater drains from the athletic field into
the pond, which in turn allows for the slower release of stormwater into the downstream
drainage system in Jackie Lee Drive.
The proposed downstream detention pond would be located adjacent to Glenview
Drive. The design is an earthen structure with an overall depth that ranges from 8 to 13
feet. The existing headwall and 72 -inch pipe at Glenview Drive will remain in place. The
sides are designed at a 4:1 slope, with a concrete pilot channel provided at the bottom
of the slope. The design is comparable in nature to the detention pond constructed on
the WinCo Foods site at Dick Lewis Drive and Thaxton Parkway.
In the event that the Jackie Lee stormwater system is improved to City standards, the
detention pond could be abandoned and the drainage from the site could be discharged
in the new drainage system.
Landscaping
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140L 1W Rib
" ArRok.,
NORTH KIC;HLA D HILLS
Zoning standards require that all detention ponds be landscaped. A site plan for the
school project is currently under review by the Development Review Committee (DRC),
and a landscape plan is included in the development plans. The general site
landscaping provides much of the landscaping for the pond. However, due to the pond's
visible location at the corner of the property, the landscaping is enhanced around the
pond to soften its appearance from the adjacent streets.
Trees to be planted around and in the pond area include big tooth maple, bald cypress,
and desert willow. These trees would be placed on the side slopes of the pond rather
than the bottom. Shrubs and smaller plants are concentrated at the corner of the pond
at the intersection of Glenview Drive and Rufe Snow Drive, and are included in planting
beds on the side slopes. There are additional planting beds proposed between the pond
and the street. A copy of the landscape plan is attached.
Fencing
City codes do not require fencing around a detention pond. However, the DRC
recommends fencing in the area around the headwall on the north side of the pond
where stormwater enters the pond from the pipe system on the property. Since there is
enough room at the top of the pond for a person to walk, adding a section of fencing at
the headwall location would alert a pedestrian to an obstacle in the area and provide
some means of protection from falling. The DRC recommends the installation of a 4 -foot
tall ornamental metal fence that extends 30 feet to either side of the center of the
headwall.
Maintenance
The property owner is responsible for the maintenance of the pond and all associated
landscaping. A formal maintenance agreement will be executed as part of the approval
of the subdivision plat for the property. Generally, the agreement requires the owner to
mow and maintain all grass and landscaping, remove trash and debris once a week,
remove silt from the basin or outlet structures as necessary, and repair any decorative
fencing. The agreement runs with the property and would apply to any future owner or
user.
Special Use Permit
The zoning ordinance provides that special use permits may establish reasonable
conditions of approval on the operation and location of the use to reduce its effect on
adjacent or surrounding properties. The ordinance also includes specific criteria for
detention and retention ponds, for which slight deviations are recommended due to the
functional nature and location of the pond on the site.
The following are the proposed conditions of approval for this SUP application.
1. Permitted use. A special use permit is authorized for a detention pond.
2. Engineering approval. Construction of the detention pond is subject to final
approval of the engineering plans by the Development Review Committee
and City Engineer.
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140L 1W Rib
" ArRok.,
NORTH KIC;HLA D HILLS
3. Landscaping. The detention pond must be landscaped in accordance with
the minimum standards of Chapter 114 of the Code of Ordinances
(Vegetation) and the general landscape material quantities and locations
presented on the Landscape Plan reviewed by the Planning & Zoning
Commission and City Council. The landscape plan is subject to final
approval by the Development Review Committee.
4. Fencing. A four -foot tall ornamental metal fence must be installed at the
top of the pond in the area of the headwall. The fence must extend 30 feet
to either side of the center of the headwall.
5. Detention pond criteria. The following design criteria shall apply to the
detention pond:
a. The pond outlet structure may be located within 50 feet of the
property line.
b. The detention basin side slopes may be 4H-1V or milder.
c. The depth of the detention pond storage basin must not exceed 13
feet.
NOTE: The criteria established in the ordinance for detention ponds
indicates that the side slopes cannot be steeper than 4H-1V or
deeper than 8 feet. Sections 5b. and 5c. above indicate that the
proposed pond will not comply with the criteria. Engineering
reviewed the proposed plan and did not see any negative
consequences from an engineering perspective in the depth and
side slopes proposed. The extra depth was necessary to meet the
existing drainage system.
6. Maintenance agreement. The owner must execute a detention /retention
storage facility maintenance agreement in conjunction with the approval of
the subdivision plat for the property.
COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use
Plan as Public /Semi - Public and Retail. The Public /Semi - Public designation, which
applies to the former Food Lion site, is intended to permit non - profit activities of an
educational, religious, governmental, or institutional nature. This designation is due to
the City of North Richland Hills being the owner of the tract. The Retail designation,
which applies to the remainder of the property, is intended to permit a variety of retail
trade, personal and business services establishments, and offices.
CURRENT ZONING: The property is currently zoned C -1 Commercial. This district is
intended to provide for development of retail service, and office uses principally serving
community and regional needs. The C -1 district should be located on the periphery of
residential neighborhoods and be confined to intersections of major arterial streets. It is
also appropriate for major retail corridors as shown on the comprehensive plan. Public
schools — including charter schools —are permitted by right in any zoning district.
SURROUNDING ZONING ( LAND USE:
North: R -7 -MF Multifamily I High Density Residential - Multifamily
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140L Im Rib
" ArRok.,
NORTH KIC;HLA D HILLS
South: C -2 Commercial, R -3 Single - Family Residential, and R -4 -D Duplex
Medium Density Residential, Public /Semi - Public, Low Density
Residential, and Neighborhood Service
East: R -2 Single - Family Residential and C -2 Commercial I Low Density
Residential and Retail
West: R -7 -MF Multifamily I High Density Residential - Multifamily
PLAT STATUS: The northern portion of the property (former Food Lion site) is currently
platted as Lot 1, Block 1, Northglenn Addition. The remainder of the property is
unplatted.
PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission
opened the public hearing on this item at their January 7, 2016 meeting and continued
the public hearing and postponed action until the January 21, 2016 meeting.
Recommendation:
To deny SUP 2015 -10.
C.1
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Case Number:
Applicant:
Location:
NOTICE OF PUBLIC HEARINGS
CITY OF NORTH RICHLAND HILLS
PLANNING AND ZONING COMMISSION
AND CITY COUNCIL
SUP 2015 -10
Big Red Dog Engineering
6601 Glenview Drive & 4131 Rufe Snow Drive
You are receiving this notice because you are a property owner of record within 200
feet of the property shown on the attached map.
Purpose of Public Hearing:
A Public Hearing is being held to consider a request from Big Red Dog Engineering for a
Special Use Permit for a Detention Pond on the proposed Athlos Academies Charter School
site located at 6601 Glenview Drive & 4131 Rufe Snow Drive.
Public Hearing Schedule:
Public Hearing Dates: PLANNING AND ZONING COMMISSION
7:00 PM THURSDAY, JANUARY 7, 2016
CITY COUNCIL
7:00 PM MONDAY, JANUARY 11, 2016
Both Meeting Locations: CITY COUNCIL CHAMBERS
7301 N. E. LOOP 820
NORTH RICHLAND HILLS, TEXAS
If you have any questions or wish to submit a petition or letter concerning the above request,
please contact:
Planning Department - City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Phone (817) 427 -6300
Fax (817) 427 -6303
C.1.c
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WADE KAREN BROWNLEE 4020 G GAY ARDEN PARK DR SPARGUR HAZEL A
NRH G
6420 DIAMOND LOCH N 4025 CHAPEL PARK DR
NRH TX 76180 -8456 NRH TX 76180 -8708 NRH TX 76180 -8749
STASZAK MICHAEL DIAMOND RIDGE APARTMENTS LLC AERE FUND 11 CASTLEWINDS LL(
STASZAK E 265 ROCKY POINT RD 2000 N CENTRAL EXPWY STE 200
4021 CHAPEL PARK DR PALOS VERDES PENINSULA CA PLANO TX 75074 -5474
NRH TX 76180 -8749 90274
Packet Pg. 35
RUSSELL RICHARD W
COLLEY DONALD J
RUSSELL RICHARD W
RUSSELL MARY L
COLLEY SHERMANE
1805 BURTON HILL RD
Attention: JOINT TRUSTEES U /D /T- 3/13/92
4026 CHAPEL PARK DR
FORT WORTH TX 76107 -3214
1805 BURTON HILL RD
NRH TX 76180
FORT WORTH TX 76107 -3214
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NEIRA EUMEILIA
2419 COIT RD # D
PO BOX 650205
6634 GLENVIEW DR
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DALLAS TX 75265 -0205
FORT WORTH TX 76180 -8508
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SUNNYS RUFE SNOW INC
WORTH OIL CO #9723
6216 GLENGARRY CT
1827 ESTRADA PKWY # 257
PO BOX 121292
NRH TX 76180 -8731
IRVING TX 75061
ARLINGTON TX 76012 -1292
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BARBETTI HANK
BEKTASINC
MCCARTNEY CARRIE
BARBETTI ANNA
770 20 LAKE EDGE DR
1625 SUMNER ST APT 1
1340 GLEN COVE
DALLAS TX 75230 -2367
LINCOLN NE 68502 -2654
SOUTHLAKE TX 76092 -5847
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4132 RUFE SNOW DR
4120 RUFE SNOW DR
2403 HILLSIDE CT
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SOUTHLAKE TX 76092 -5712
NRH TX 76180 -8516
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CUNNINGHAM ROBERT
PITTMAN JIMMY RAY EST
VINES CORY
CUNNINGHAM BETH
4135 CARMA DR
221 W LANCASTER AVE UNIT 601C
2403 HILLSIDE CT
FORT WORTH TX 76180 -8527
FORT WORTH TX 76102
SOU THLAKE TX 76092 -5712
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FARMER WALTER
COWAN MICHAEL E
SANAVONGXAY KAI
FARMER C CHRISTEN
COWAN JESSICA
SOUPHANKHAISY KHANTY
704 GILTIN CT
6708 MANOR DR
6700 MANOR DR
ARLINGTON TX 76006 -2032
FORT WORTH TX 76180 -8524
NRH TX 76180
NGUYEN TRONG VAN
NGUYEN TRUNG D
NEW BEGINNINGS BAPTIST CHURCH
NEIRA EUMELIA M
6701 MANOR DR
PO BOX 53
6634 GLENVIEW DR
NRH TX 76180 -8523
HURST TX 76053 -0053
FORT WORTH TX 76180 -8508
Packet Pg. 35
HONEA SUSAN C
3928 DIAMOND LOCH W
FORT WORTH TX 76180 -8726
INTRNL UNION OPER ENGERS 178
4025 RUFE SNOW DR
FORT WORTH TX 76180 -8845
SHOCKLEY VERNA
7216 OAKLAND LN
FORT WORTH TX 76180 -8276
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HUGHES KATHLEEN
HUGHESJOSEPH
4033 RITA BETH LN
FORT WORTH TX 76180 -8711
Packet Pg. 36
ORDINANCE NO. 3388
SUP 2015 -10
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 DETENTION POND ON THE PROPOSED ATHLOS ACADEMIES CHARTER
SCHOOL SITE LOCATED AT 6601 GLENVIEW DRIVE AND 4131 RUFE
SNOW DRIVE; ESTABLISHING A PENALTY; PROVIDING FOR
PUBLICATION AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent
to real property owners within 200 feet of the property herein described at
least 10 days before such hearing; and,
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in the City at least 15 days before such
hearing; and,
WHEREAS, public hearings to zone the property herein described were held before
both the Planning and Zoning Commission and the City Council, and the
Planning and Zoning Commission has heretofore made a
recommendation concerning the zone change; and,
WHEREAS, the City Council is of the opinion that the zone change herein effectuated
furthers the purpose of zoning as set forth in the Comprehensive Zoning
Ordinance and is in the best interest of the citizens of the City of North
Richland Hills;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
Section 1: THAT the Comprehensive Plan and the Comprehensive Zoning Ordinance
are hereby amended by approving a special use permit to allow for a
Detention Pond on the proposed Athlos Academies Charter School site
located at 6601 Glenview Drive and 4131 Rufe Snow Drive, more
particularly described in the legal description attached hereto as Exhibit A
and approving the site plan 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
Ordinance No. 3388
SUP 2015 -10
Page 1 of 2
C.1.e
Packet Pg. 37
exceed Two Thousand Dollars ($2,000.00). Each day any such violation
shall be allowed to continue shall constitute a separate violation and
punishable hereunder.
Section 3: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clauses hereof.
Section 4: This ordinance shall be in full force and effect immediately after passage.
AND IT IS SO ORDAINED.
PASSED on this 11th day of January, 2016.
CITY OF NORTH RICHLAND HILLS
ATTEST:
Alicia Richardson, City Secretary
Oscar Trevino, Mayor
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
Department Head
Ordinance No. 3388
SUP 2015 -10
Page 2 of 2
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Thank you for providing the Big Red Dog Engineering plans for the Rufe Snow Charter School and
detention pond near the intersection of 6601 Glenview Drive and 4131 Rufe Snow Drive. As you know,
Atmos Energy owns and operates high-pressure natural gas line within this proposed development.
Given the short notice, we were only able to do a quick, high level review of the engineering plans, but
we believe there is a high potential for conflict. To ensure the safety and reliability of our system, Atmos
Energy does not allow construction activities within twenty five feet of our line without our prior review
and approval. We also do not allow certain objects to be installed within our easement. Given that the
public hearing is this evening, we are requesting that this topic be tabled, or at the very least, Atmos
Energy's concerns be voiced at the hearing so all parties are put on notice. Once we have completed a
detailed review we will be able to provide more concrete feedback. If you would like to discuss this in
further detail, please do not hesitate to contact our local Manager of Public Affairs, Marilyn Ackmann, or
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myself asneeded.
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We look forward to hearing from you and appreciate your assistance in this matter.
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Michael Mangum,P.E.
MUMM
Atmos Energy Corporation
I Packet Pg. 44 1
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the City Manager Date: January 21, 2016
Subject: RP 2015 -12 Consideration of a request from The Charter School Fund,
LLC for a Replat of Lot 1R, Block 1, Northglenn Addition on 12.847
acres located at 6601 Glenview Drive and 4131 Rufe Snow Drive.
Presenter: Clayton Comstock, Planning Manager
Summary:
The Charter School Fund, LLC is requesting approval of a Replat of Lot 1R, Block 1,
Northglenn Addition; being 12.847 acres at the northwest corner of Rufe Snow Drive &
Glenview Drive. The plat is for the development of a K -8 charter school operated by
Athlos Academies. The applicant is also requesting approval of an appeal to the City
Engineer's rough proportionality determination.
General Description:
This proposed replat will address the following:
■ Combine separate tracts and lots into one single lot of 12.847 acres.
• Add several easements for the construction of new water, sanitary sewer, and
drainage infrastructure on the site.
• Abandon existing drainage easements for the purpose of relocation.
The modifications to the plat are intended to facilitate the orderly development of the
property. The required construction of drainage facilities also requires the execution of a
detention pond maintenance agreement. The agreement requires the owner to mow
and maintain the property, remove debris in the detention area, and address any
siltation or erosion that may occur. This agreement will accompany the plat to City
Council.
ACCOMPANYING SUP FOR DETENTION: A Special Use Permit for a detention pond
is being considered with the plat. See staff's report for SUP 2015 -10. The areas
encumbered by these drainage facilities are designated as drainage easements on the
proposed plat; however the Atmos pipeline easement and possible right -of -way
dedication requirement outlined in more detail below may affect the drainage and thus
the drainage easements.
UTILITY EASEMENT: A 10 -foot general Utility Easement is proposed to be abandoned
on the north property line; however proposed construction plans do not call for the
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removal of the aerial utility lines present within the easement. The applicant has also
cited the aerial utilities as a reason to avoid large canopy trees from being planted in the
required 15 -foot landscape setback. Clarification from the franchise utilities located
within that easement is necessary before abandonment can be considered.
ATMOS PIPELINE EASEMENT: A 30 -foot "Enserch Corporation Easement" exists on
the west property line and along the southwest corner of the property. Atmos Energy
has confirmed that they own and operate an 8 -inch high - pressure natural gas line within
this easement that connects to the value /transfer station at the southwest corner of
Glenview Drive & Jackie Lee Lane. Atmos has stated that no construction activity may
occur within or close to their easement without their review and approval. At this time,
however, the proposed site plan and plat for the charter school currently plans
landscaping, drainage and driveway improvements over this easement area. An email
from Atmos Energy Senior Engineer Michael Mangum, P.E. is attached. Relocation of
this line may require further adjustment to the plat's dedicated easements.
THOROUGHFARE PLAN: The property has frontage on Glennview Drive and Rufe
Snow Drive. Each street is classified as a M4U 4 -lane undivided Minor Arterial with a
minimum 70 -foot right -of -way. As described by the rough proportionality determination
below, the traffic impact of a K -8 charter school on the existing roadway network is
significant and requires— according to the City and the City's traffic consultant —
improvements to Glenview Drive and Rufe Snow Drive that also requires additional
right -of -way dedication that is not currently shown on the plat.
ROUGH PROPORTIONALITY DETERMINATION:
After considerable review of the Traffic Impact Analysis, the following rough
proportionality determination was provided to the applicant on January 12, 2016.
The public improvements indicated on the public infrastructure plans for the Subdivision
include water, sanitary sewer, paving and drainage improvements needed to support
the development of the lot as a charter school. All such improvements are required and
therefore the developer is 100% responsible for the improvements included on the plans
including ROW dedication as needed to construct said improvements.
In addition to the onsite public infrastructure, the Traffic Impact Analysis for the site
performed by Lee Engineering and submitted to the City on December 1, 2015 and
subsequently updated on December 22, 2015, indicates that the traffic generated by the
proposed school will be of such magnitude that its impacts must be mitigated by the
following:
Developer is responsible for the installation of a traffic signal at the intersection of
Glenview Drive and Chapel Park Drive, where the school's proposed driveway will be
located. This signalized intersection must be designed and constructed to city design
standards and to efficiently allow inbound and outbound left turns for the school, and
Packet Pg. 46
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must be designed with all appropriate equipment to coordinate movements with the city
signal network. The developer will be required to assume 100% of the amount required
for such improvements.
Developer is responsible for the widening of Rufe Snow Drive north and south of
Glenview Drive as identified in the traffic study as "Option 2" to accommodate two
through lanes in both the north and southbound directions, in addition to dedicated left
turn lanes at the intersection. The widening will require the acquisition of ROW to
accommodate the additional pavement as well as any necessary signal equipment
modifications to serve this new, wider roadway section. The Developer will need to
submit their construction plans to the city for approval before the total proportionate
share for these improvements can be determined. The total proportionate share will
include but not be limited to 100% of the right -of -way acquisition, 100% of the signal
light modifications, 100% of the pavement striping, 100% of the additional pavement
necessary to add the additional capacity. All other costs associated with the Developer's
total proportionate share can be determined when the developer has submitted
construction plans.
The above determination of proportionality is made pursuant to Section 212.904, Texas
Local Government Code by the professional engineer in the employ of the City of North
Richland Hills, licensed by the State of Texas.
APPEAL RECEIVED: On Friday, January 15, 2016, the City received an appeal to the
City Engineer's Rough Proportionality Determination. The letter is attached.
COMPREHENSIVE PLAN: The Comprehensive Plan classifies the 4 -acre former Food
Lion area as "Public /Semi - Public." After the City acquired the property, it was thought
that the building may be used as a satellite facility for city operations and services. The
remaining area is designated as "Retail." This designation is intended to permit a
variety of retail trade, personal and business services establishments, and offices.
CURRENT ZONING: The property is currently zoned C -1 Commercial. The C -1
Commercial zoning district allows public schools — including charter schools —by right.
SURROUNDING ZONING / LAND USE:
North: R7 -MF Multi - Family Residential High Density Residential
West: R7 -MF Multi - Family Residential High Density Residential
South: R -3 Single - Family Residential, R -4 -D Duplex Residential & C -2
Commercial Multi - Family Residential I Low Density Residential,
Medium Density Residential, Public /Semi - Public & Neighborhood
Services
East: R -2 Single - Family Residential & C -2 Commercial I Low Density
Residential & Retail
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PLAT STATUS: A 4 -acre portion of the property is currently platted as Lot 1, Block 1,
Northglenn Addition. The remaining 8.4 acres of the site is unplatted and described as
Tracts 2134, 2134A and 2C, John M VanDusen Survey, Abstract No. 1588.
CITY COUNCIL DATE: If the Planning & Zoning Commission provides a
recommendation, the City Council will consider this request at their January 25, 2016,
meeting.
STAFF RECOMMENDATION: Significant questions remain of the applicant on their
engineering plans and adjacent roadway network improvements to mitigate their traffic
impact. Answers to these questions may further impact easements and rights -of -way.
As such, the plat application is determined to be administratively incomplete and does
not meet all the requirements of the Subdivision Ordinance. Staff therefore recommends
denial of RP 2015 -12.
Recommendation:
To deny RP 2015 -12.
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ATHLOS
1%//'````��li�� ACADEMIES
January 15, 2016
City of North Richland Hills
Attn: Alicia Richardson, TRMC
Clayton Husband, Principal Planner
(Sent via Email)
RE: Notice of Appeal: Rough Proportionality Memo dated January 12, 2016
RP 2015 -12
Northglenn Addition; Block 1 Lot 1R
City of North Richland Hills:
This Notice of Appeal is in response to the Rough Proportionality Memo ( "Memo') for the above
reference property.. Attached is a copy of the Memo for your reference. Athlos Academies is the
applicant /developer ( "Developer").
The plan for the site is to construct a charter school. The Memo concludes that, based on the use, certain
improvements are required the Developer is responsible for 100% of the improvement costs. These
improvements include the following:
- Design and installation of a traffic signal at the intersection of Glenview Drive and Chappel
Park Drive;
- Widening of the road at Rufe Snow Drive north and south of Glenview Drive.
Our initial estimates indicate that these improvements will cost in excess of $1,500,000.00.
We respectfully appeal this decision for the following reasons: 1) based on the traffic study, these
improvements are not necessary to mitigate the impact of the charter school; 2) holding the Developer
100% responsible for the costs of the proposed improvements is not roughly proportional to the impact
of the charter school, and 3) the exaction requirement imposed on the proposed plat as a condition of
approval results in a disproportionate cost burden on the Development, taking into consideration the
nature and extent of the demands created by the proposed development of a charter school.
We appeal this decision and respectfully request you reconsider both the proposed mitigation and the
allocation of costs for any proposed mitigation.
Sincerely,
Michael Hall
Chief Operating Officer
888.682.8162 418 S. 9th Street, Suite 201 1 Boise, ID 83702 -7154 a www.athlosacad Packet Pg. 51
Clayton Comstock
From: Mangum, Michael <Michael.Mangum @atmosenergy.com>
Sent: Thursday, January 07, 2016 4:13 PM
To: Caroline Waggoner
Cc: Clayton Husband; Justin Naylor; Hofmann, Nick; Ackmann, Marilyn E; Robinson, L. J.;
Patterson, Mark A; Rothbauer, Marc E; Clark, Tommy A
Subject: RE: Big Red Dog Engineering Public Hearing - 6601 Glenview Drive & 4131 Rufe Snow
Drive
Thank you for providing the Big Red Dog Engineering plans for the Rufe Snow Charter School and detention pond near
the intersection of 6601 Glenview Drive and 4131 Rufe Snow Drive. As you know, Atmos Energy owns and operates a 1�;�
high-pressure natural gas line within this proposed development. Given the short notice, we were only able to do a W
quick, high level review of the engineering plans, but we believe there is a high potential for conflict. To ensure the
safety and reliability of our system, Atmos Energy does not allow construction activities within twenty five feet of our iL
line without our prior review and approval. We also do not allow certain objects to be installed within our easement.
Given that the public hearing is this evening, we are requesting that this topic be tabled, or at the very least, Atmos
ce
Energy's concerns be voiced at the hearing so all parties are put on notice. Once we have completed a detailed review
We look forward to hearing from you and appreciate your assistance in this matter.
Michael Mangum, P.E.
Sr Engineer
214-206-2744
4
M: 214-909-8673
From: Caroline Waggoner [mailto:clwa��oner @nrhtx,com]
Sent: Wednesday, January 06, 2016 3:45 PM
To: Mangum, Michael
Cc: Clayton Husband; Justin Naylor
Subject: RE: Big Red Dog Engineering Public Hearing - 6601 Glenview Drive & 4131 Rufe Snow Drive
CAUTION - THIS IS AN EXTERNAL EMAIL. Do not open attachments or click links from unknown sources or unexpected
email.
I'm attaching some of the civil plan sheets that show the location of the proposed detention pond, along with the
proposed grading. Unfortunately the existing contours do not appear to be visible. Do you have anything showing
exactly where your easement and pipeline are? I will look to see if we have anything that would better illustrate the
grading in the area and send it your way.
Packet Pg. 52
Caroline Waggoner, P.E., CFM
City Engineer
City of ort Richland Hills ® Public Works
817.427.6406
817.427.6404 (fax)
From: Mangum, Michael [ mailto :Michael,Man�umatmosener�Y,com]
Sent: Wednesday, January 06, 2016 2:18 PM
To: Caroline Waggoner
Subject: Big Red Dog Engineering Public Hearing - 6601 Glenview Drive & 4131 Rufe Snow Drive
Hello Caroline,
I left you a voicemail regarding a public hearing notice Atmos received yesterday. I wasn't certain if I left you my phone
number in the message to get back in touch with me.
If you could please call me at 214 - 909 -8673 at your earliest convenience, I would really appreciate it.
Sincerely,
Michael Mangum, P.E.
Sr Engineer
Atmos Energy Corporation
0:214- 206 -2744
M: 214 - 909 -8673
2
Packet Pg. 53
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the City Manager Date: January 21, 2016
Subject: RP 2015 -10 Consideration of a request from Winkelmann & Associates
for a Replat of North Tarrant Marketplace Addition on 27.131 acres
located in the 9100 block of North Tarrant Parkway.
Presenter: Clayton Husband, Principal Planner
Summary:
Winkelmann & Associates is requesting approval of a replat of North Tarrant
Marketplace Addition. The property is located at the south side of North Tarrant
Parkway between Davis Boulevard and Precinct Line Road. The plat is administratively
complete and meets the requirements of the subdivision regulations.
General Description:
The original plat for North Tarrant Marketplace Addition was approved in April 2014 to
accommodate the Kroger Marketplace development. Subsequent revisions the plat
have also been approved to further adjust lot lines and easements.
This proposed replat will address the following:
■ Add three new lots at the southwest corner of the property for the construction of
a new retail building, a fitness center, and a private open space lot for
landscaping and tree preservation.
• Add several easements for the construction of new water, sanitary sewer, and
drainage infrastructure on the site.
• Abandon several unneeded utility easements.
The modifications to the plat are intended to facilitate the orderly development of the
remaining property. The required construction of drainage facilities on Lot 14 also
requires the execution of a watercourse maintenance agreement. The agreement
requires the owner to mow and maintain the property, remove debris in the watercourse
area, and address any siltation or erosion that may occur.
COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as "Retail."
This designation is intended to permit a variety of retail trade, personal and business
services establishments, and offices.
Packet Pg. 54
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NORTH KIC;HLA D HILLS
THOROUGHFARE PLAN: The property has frontage on North Tarrant Parkway and
Precinct Line Road. North Tarrant Parkway is classified as a Principal Arterial (P6D),
which is a six -lane divided roadway. Precinct Line Road is designated as a P7U seven -
lane undivided Principal Arterial. Right -of -way dedication is not required on this replat
for either roadway.
CURRENT ZONING: The property is zoned NR -PD No. 69, with a base district of C -1
Commercial. The planned development was approved by City Council on June 24,
2013, for the construction of the Kroger Marketplace and associated development. The
zoning includes a development plan that serves as a guide for all development on the
property. The replat is consistent with the development plan.
SURROUNDING ZONING / LAND USE:
North: NR -PD No. 361 Retail
West: C -1 Commercial I Retail
South: R -1 Single - Family Residential and AG Agricultural I Low Density
Residential
East: located in Colleyville (office development)
PLAT STATUS: The property is currently platted as Lots 4, 5, 7, 8, and 9, Block 1,
North Tarrant Marketplace Addition. A portion of the site is also unplatted. The proposed
replat would include Lots 4R, 5R, 7R, 8R, 9R, 12, 13, and 14, Block 1.
CITY COUNCIL DATE: The City Council will consider this request at the February 8,
2016, meeting.
Recommendation:
To approve RP 2015 -10, subject to the execution of the watercourse maintenance
agreement.
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