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HomeMy WebLinkAboutPZ 2016-01-21 Agendasalk r 4 RZ H 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 Page 2 of 2 140L 1w Rib " ArRok., NORTH KIC;HLA D HILLS 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. 0 Packet Pg. 3 140L 1W Rib " ArRok., NORTH KIC;HLA D HILLS 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. O Packet Pg. 4 O 140L 1W Rib " ArRok., NORTH KIC;HLA D HILLS 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. Packet Pg. 5 O 140L 1W Rib " ArRok., NORTH KIC;HLA D HILLS 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. Packet Pg. 6 O 140L IM Rib " ArRok., NORTH KIC;HLA D HILLS 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 Packet Pg. 7 O 140L IM Rib " ArRok., NORTH KIC;HLA D HILLS 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. Packet Pg. 8 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. Packet Pg. 9 4.a 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). Packet Pg. 10 B.1 140L 1W Rib " ArRok., NORTH KIC;HLA D HILLS 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. Packet Pg. 11 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 P &Z Minutes Page 1 B.1.a Packet Pg. 12 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 P &Z Minutes Page 2 B.1.a Packet Pg. 13 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 P &Z Minutes Page 3 B.1.a Packet Pg. 14 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 P &Z Minutes Page 4 B.1.a Packet Pg. 15 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 P &Z Minutes Page 5 B.1.a Packet Pg. 16 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 P &Z Minutes Page 6 B.1.a Packet Pg. 17 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 P &Z Minutes Page 7 B.1.a Packet Pg. 18 140L 1W Rib " ArRok., NORTH KIC;HLA D HILLS 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. B.2 Packet Pg. 19 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 P &Z Minutes Page 1 B.2.a Packet Pg. 20 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 P &Z Minutes Page 2 B.2.a Packet Pg. 21 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 P &Z Minutes Page 3 B.2.a Packet Pg. 22 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 Packet Pg. 23 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 Packet Pg. 24 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 Packet Pg. 25 m N m cc: - a C t V R t O Z c O .N E T O QN � � C C O 7 E V ' O N T N c � c c� a N W a¢ a¢ co N Ch a d a 140L 1W Rib " ArRok., NORTH KIC;HLA D HILLS 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 C.1 Packet Pg. 27 140L 1W Rib " 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 C.1 Packet Pg. 28 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. C.1 Packet Pg. 29 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 C.1 Packet Pg. 30 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 Packet Pg. 31 C.1.a Mike Dr d Ln h0 O,. Cm CL 77" 777777= Co n Co 0 Vn a a� I.L Ln Cm CL Co �S IDr Glenview D J J a V Packet Pg. 32 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 Packet Pg. 34 C.1.d WADE LINDA SPARGUR KENNY W 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 Ln CL JUDITH BROWNHALL FAMILY TRUST NEIRA JULIO C0 Attention: C/O LINDSAY FORD -REYES TXU GAS COMPANY NEIRA EUMEILIA 2419 COIT RD # D PO BOX 650205 6634 GLENVIEW DR Ln PLANO TX 75075 DALLAS TX 75265 -0205 FORT WORTH TX 76180 -8508 U) TERRY DAVID 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 0 CL MCCARTNEY WM J 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 2 NARVAEZ GUILLERMO CUNNINGHAM ROBERT Ln NARVAEZ MARIA CUNNINGHAM BETH HILLS ROBERT KENDALL 4132 RUFE SNOW DR 4120 RUFE SNOW DR 2403 HILLSIDE CT CL NRH TX 76180 -8516 SOUTHLAKE TX 76092 -5712 NRH TX 76180 -8516 C0 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 SOU 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 C.1.d 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 C.1.e Packet Pg. 38 o C7 JU o o C �� O � � o Z 6C '6d IOM:Md o U a) a) m a) E z Z a(o E� 0 mm E- Q m NC — CD `�' '6 `�� OU mLL ' m CL m m x H N N U (V C -0 � -0 0 m C 'O C N C U N 0 .J O Q (� (6 O O ` L T O � 00 N Z O E 7 U - N 6 Z) (6 ._ LL 0 O� O . U .•- C O C O O Op N p C U (0 =p L 2> _0 O U 2 CO -r- ~ < O O U N C Cl) to Z tow N .2 (n � U (N6 O 'U6 0) O L N S O Cl) O O N > 000 � 0 ; Y O N N O -O U O O m U O p 0 -O LL a) Fo _ N U N C C T V 7 - C '� O O - Lo O .� N H O d Y (6 O U U O of Y U C O O `� Q W (6 (0 Z _0 N F 2) U m N N'O Q > 'N U U `o 0) --2 - O C O N U) O Z N (C 2 N U) � -p O J C i Q W J Q OU N U) -6 O (6 -6 OU `� . 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LU \J LU LU J U.J W r O r x O O r Q z v 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 ~� Ln myself asneeded. C14 We look forward to hearing from you and appreciate your assistance in this matter. CL ~3 co Sincerely, Ln.. rw co Michael Mangum,P.E. MUMM Atmos Energy Corporation I Packet Pg. 44 1 0 140L 1W Rib " ArRok., NORTH KIC;HLA D HILLS 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 Packet Pg. 45 0 140L Im Rib " ArRok., NORTH KIC;HLA D HILLS 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 0 140L Im Rib " ArRok., NORTH KIC;HLA D HILLS 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 Packet Pg. 47 140L 1W Rib " ArRok., NORTH KIC;HLA D HILLS 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. 0 Packet Pg. 48 MONS JJflH z J 0 0 XUHddV) 885[ -V JAWIS N3sn( ,69' -V09 M „ -VO,L 1.00 S M „ JVO,L 1.00 S (IVld SlHl Ae) N011V01030 ),VM 30 1HO18 ,S (1Vld SIHl ).8) N0V813S 9NIOl1fl8 ,SZ—"-- I I ., I Z ,; I l I 41' I rr•N ..1 erg ea.. + °a „w sw z �": t 1 < z el aS CD co ,S l M w erl ales V w w :, 4k Ova U, Z z w w � w< U z a ".a 4!S CIL b O a a I I N 0 o ,��� +.I t,",.I: "" I CD a°"aaG� s " "t.. r-1 W Mdi J = Z CD .r, ; a oz Z z 0 aye 41�� 3N11 (I330 < w O 0 `� N O/Z F I. al Ul Ul < ro r a a' ;: ), z 0eaa l�A o 4 a 4 "d "• 4Y Z I s < 1 ,81'8£9 M 80'0bS M J _ CY) O �(Y) z J 0 0 XUHddV) 885[ -V JAWIS N3sn( ,69' -V09 M „ -VO,L 1.00 S M „ JVO,L 1.00 S (IVld SlHl Ae) N011V01030 ),VM 30 1HO18 ,S (1Vld SIHl ).8) N0V813S 9NIOl1fl8 ,SZ—"-- I I ., I Z ,; I l I 41' I rr•N ..1 erg ea.. + °a „w sw z �": t 1 < z el aS CD co ,S l „b0,L1.00 S (1Vld SIHl J.8) 7i 1N3W3SV3 30VNI K] 28 Aiiiiin ,OZ r- JPO PO J W W U U Cf) Q Of O N of D Qw U � J O I I II 4a" Ij �I. V> uo ul ra z > Wi lla Ul CI, z , afJ z CD f J 4Y1 W W Z D Q of Io J O J N LJJ (n Q D F-: U L Y N F-: W Of U') Z -j w p O owD OO Q Ir. +r I l" 141 fi'7 a, � f a1r. z 4� 41'I i „bO,L 1.00 S r s Is ��I' I � al° V w w Ova z w w � w< a P-7 a a o ° 0 o F�1 r U, rn r-1 W Mdi J = Z Z O `� N „b0,L1.00 S (1Vld SIHl J.8) 7i 1N3W3SV3 30VNI K] 28 Aiiiiin ,OZ r- JPO PO J W W U U Cf) Q Of O N of D Qw U � J O I I II 4a" Ij �I. V> uo ul ra z > Wi lla Ul CI, z , afJ z CD f J 4Y1 W W Z D Q of Io J O J N LJJ (n Q D F-: U L Y N F-: W Of U') Z -j w p O owD OO Q Ir. +r I l" 141 fi'7 a, � f a1r. z 4� 41'I i „bO,L 1.00 S r s Is ��I' I � al° D.1.c 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 D.2 140L 1W Rib " ArRok., NORTH KIC;HLA D HILLS 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 D.2 140L Im Rib " ArRok., 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. Packet Pg. 55 D.2.a ,a o. 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