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Home My WebLink AboutPZ 2014-02-20 Agendas CITY OF NORTH RICHLAND HILLS PLANNING & ZONING COMMISSION MEETING WORK SESSION AGENDA CITY HALL CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Thursday, February 20, 2014 6:30 PM ---------------------------------------------------------------------------------------------------------------------------- A.0 Call to Order - Chairman A.1 Recent City Council Action, Development Activity Report and General Announcements A.2 Briefing of Items on the February 20, 2014 Planning and Zoning Commission Regular Session Agenda B.0 Adjournment All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills Planning & Zoning Commission was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on 02-14-2014 at p.m. By: This facility is wheelchair accessible and accessible parking spaces are available. If you plan to attend the public meeting and you have a disability that requires special arrangements at the meeting, please contact the Planning Office at (817) 427-6300 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. CITY OF NORTH RICHLAND HILLS PLANNING & ZONING COMMISSION MEETING REGULAR SESSION AGENDA CITY COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Thursday, February 20, 2014 7:00 PM ---------------------------------------------------------------------------------------------------------------------------- A.0 Call to Order - Chairman A.1 Roll Call - Recording Secretary A.2 Pledge of Allegiance B.0 Consideration of Minutes - None at this time. C.0 Consideration of Planning & Zoning Requests C.1 FP 2013-11 Consideration of a request from NRH-Tarrant Properties, LLC for a Final Plat for Harmon Farms being 28 single family residential lots and 2 open space lots on 9.998 acres in the 7200 & 7300 blocks of Eden Road. C.2 RP 2013-17 Public Hearing and Consideration of a request from NRH-Tarrant Properties, LLC for a Replat for Lot 1 R, Block 1 Bannister Estates on 0.9389 acres at 7223 Eden Road. C.3 SUP 2013-08 Public Hearing and Consideration of a request from NRH-Tarrant Properties, LLC for a Special Use Permit for two Detention/Retention Ponds to serve the Harmon Farms development located in the 7300 block of Eden Road. CA ZC 2014-04 Public Hearing and Consideration of a request by the City of North Richland Hills to apply the new Freeway Corridor Overlay District to all properties which adjoin or are located within 200 feet of the ultimate right-of-way for Northeast Loop 820 (IH-820) and Airport Freeway (SH 121/SH 183), and are not planned for single-family residential, parks/open space, stormwater drainage easement use or transit oriented development (TOD) as shown on the City's Comprehensive Land Use Plan. Ordinance No. 3299 D.0 Adjournment All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills Planning & Zoning Commission was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on 02-14-14 at p.m. By: This facility is wheelchair accessible and accessible parking spaces are available. If you plan to attend the public meeting and you have a disability that requires special arrangements at the meeting, please contact the Planning Office at (817) 427-6300 at least 24 hours in advance of the meeting. Reasonable accommodations will be made to assist your needs. City of North Richland Hills Planning & Zoning Commission Work Session Meeting Work Session Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 76180 Thursday, February 20, 2014 6:30 PM A.0 Call to Order - Chairman A.1 Recent City Council Action, Development Activity Report and General Announcements A.2 Briefing of Items on the February 20, 2014 Planning and Zoning Commission Regular Session Agenda B.0 Adjournment City of North Richland Hills Planning & Zoning Commission Regular Meeting Regular Session Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Thursday, February 20, 2014 7:00 PM A.0 Call to Order - Chairman A.1 Roll Call - Recording Secretary A.2 Pledge of Allegiance B.0 Consideration of Minutes - None at this time. C.0 Consideration of Planning & Zoning Requests C.1 FP 2013-11 Consideration of a request from ®Tarrant Properties, LLC for a Final Plat for Harmon Farms being 28 single family residential lots and 2 open space lots on 9.998 acres in the 7200 & 7300 blocks of Eden Road. C.2 RP 2013-17 Public Hearinq and Consideration of a reguest from -Tarrant Properties, LLC fora Re plat for Lot 1 R, Block 1 annister Estates on 0.9389 acres at 7223 Eden Road. C.3 SUP 2013-08 Public Hearinq and Consideration of a reguest from -Tarrant Properties, LLC for a Special Use Permit for two Detention/Retention Ponds to serve the Harmon Farms development located in the 7300 block of Eden Road. CA ZC 2014-04 Public Hearinp and Consideration of a repuest by the City of North Richland Hills to apply the new Freeway Corridor Overlay istrict to all properties which adioin or are located within 200 feet of the ultimate right-of-wav for Northeast Loop 820 (I -820 and Airport Freeway (S 121/S 183), and are not planned for single-family residential, parks/open space, stormwater drainage easement use or transit oriented development (TO D) as shown on the City's Comprehensive Land Use Plan. Ordinance No. 3299 D.0 Adjournment PLANNING & ZONING COMMISSION "fill ; MEMORANDUM From: Office of Planning and Development Date: 2-20-2014 Subject: Agenda Item No. C.1 FP 2013-11 Consideration of a request from NRH-Tarrant Properties, LLC for a Final Plat for Harmon Farms being 28 single family residential lots and 2 open space lots on 9.998 acres in the 7200 & 7300 blocks of Eden Road. Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: NRH-Tarrant Properties, LLC is requesting approval of a Final Plat for Harmon Farms; being 28 residential lots and 2 open space lots on 9.998 acres on the west side of Eden Road between Hightower Drive and Rumfield Road. CASE DESCRIPTION: The development would be a single-entry cul-de-sac development and an extension of the existing Everglade Drive to the east across Eden Road. Right-of-way would also be dedicated for a possible future extension of the development to the south along Eden Road. Because of drainage difficulties with the site and existing stormwater infrastructure, two detention ponds will be required in order to develop. A Special Use Permit for these two detention ponds accompanies this Final Plat (Case SUP 2013-08). EXISTING SITE CONDITIONS: Until recently, the properties in question developed with single family homes on large estate lots. According to the Tarrant Appraisal District, three of the five lots were built in the mid-1960s; one in 1980 and one in 1994. All have been demolished in preparation for this development. PLATTING STATUS: The property is multiple unplatted tracts described in the J.B. Edens Survey, Abstract No. 499. The Preliminary Plat for Harmon Farms was approved by the Planning & Zoning Commission on November 7, 2013. EXISTING ZONING: "R-2" Single Family Residential. The R-2 zoning was approved by City Council on August 26, 2013. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Low Density Residential' for this area. The Low Density Residential Land Use provides for traditional, low- density, single-family detached dwelling units. THOROUGHFARE PLAN: The subdivision has access and frontage to Eden Road, a planned "C4U" 4-lane undivided collector street with 68 feet of ultimate right-of-way. Adequate right-of-way is being dedicated by this Final Plat. SURROUNDING ZONING / LAND USE: North: R-1 Single Family / Low Density Residential South: AG Agricultural / Low Density Residential East: R-1 & R-2 Single Family/ Low Density Residential West: R-2 Single Family / Low Density Residential ROUGH PROPORTIONALITY DETERMINATION: The public improvements necessary for the subdivision (identified as FP 2013-11) to develop in accordance with the City's minimum standards include water, sanitary sewer, street and drainage improvements. The developer will be responsible for constructing this infrastructure inside the subdivision. Additionally, this subdivision will have an impact on Eden Road and the drainage system identified to the south of this subdivision. The construction of these improvements and/or the economic equivalent is the responsibility of the applicant/developer. A Right-of-Way dedication along Eden Road (a 4-Lane Major Undivided Collector / C4U) is necessary, so that the "subdivision's side" of Eden Road will meet the City's minimum ROW width (68' is the full width for a C4U). In determining the impact of the 28 lots within the subdivision on the City's street system, our analysis yields that while the frontage of the subdivision is 508.92 LF, the demand to the City's street system is equivalent to 334.19 LF of 12' wide paving. This analysis is shown below- Iterni Unit Quantity Unit Price %Assessed Total Concrete Sidewalk 4'wide * SY 148.53 $ 33.00 100.0% $ 4,901.49 Pavement Sectiion 7"Concrete on 8"Suibgrade at 12' "fide * SY 445.59 $ 38.75 100.0% $ 17,266.61 21" DIA RCP LF 530 $ 48.50 12.3% $ 3,161.72 33" DIA RCP LF 480 $ 85.00 12.3% $ 5,018.40 Junction Box EA 1 $6,500.00 12.3% $ 799.50 Total $31,147.72 Therefore, such amount ($31,147.72) is roughly proportionate to the proposed subdivision. The applicant/developer will be required to either construct the required improvements (per current minimum City standards) or assume 100% of the amount ($31,147.72) required for such infrastructure improvements. This cost is valid for six (6) months from the date of this email. The above determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by the undersigned professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. STAFF RECOMMENDATION: Approval of FP 2013-11. MAP ............................................................. .................................................................................................... ........ N 4 ..... P r f f f , f f to VI ................... f f r Lightower SM 1h c rI ' ir �. ........W_............. ................ I E --] T t I-----[- - -- --------L- -------- --------------------------------------------------------------------------------- I----- ---------- --- ----------- AERIAL MAP a e I IIIII�II�I i f f alNl� M 1 IIIIIIIII I a /GGirr� �� i al "N 07 NOT; WPM ? i W gal' WON Ida; WHOM; if 1 121 9 1 i its 11 g W: Low M > fO VOH N203 pig 1-n MII LU �18nOj A37W� OL A, On low W-4 LL111— In a2A-I' Sq 707 SO A I N A mv" .... ...... NOTry Ir cr ;rr o s K+! ("m r!1 !41 ON 379vIY"9VA} OV08 N303 19'96 m 'O"g?.10 S t Mw N Mop .D- S- ... . ..__.._.._ le �I Ir err mL � °° 4a ;'. r im br 4A D63 J i.!FSY M'_ ....tl 4f. ✓9 ffY9 IM ti I m I aCnOD A37NI ..._q M Y r W IF n 1 _ t,/7i'I ti✓•%.t{ �7 /q Nblry b p..... � Lt/�E ��' ,ten�r y ._ �� !, �rya � � 9 .. r4 i. ^7^J?2d w:.�Y,l.'LCa,rir�,�� CCr744 r.� it t3a SC ux w lav—_"__s� a I, qi AruP 3 if .&r io 10 $ -°' - ay-e�r7 yr - . n Jr ~ In rw'R sr� '+-.a+ Co W3F".,1 8'U�ro3 v 77 0 83P a" ..... r�a _.., sae u✓ r x \ yv[� f,._,'FrE n.m._ �. .,. �a U: im fir" �,aY0t C ,1 P25 DO L`G ` " N v d r f5.00 - 90'99.' 3.0',Je.10 tW .;` a p Ld. QYY / r r nH 7 d m PLANNING & ZONING COMMISSION MEMORANDUM From: Office of Planning and Development Date: 2-20-2014 Subject: Agenda Item No. C.2 RP 2013-17 Public Hearing and Consideration of a request from NRH-Tarrant Properties, LLC for a Replat for Lot 1 R, Block 1 Bannister Estates on 0.9389 acres at 7223 Eden Road. Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: On behalf of Ellen O'Daniel and Wesley D. Bannister, NRH-Tarrant Properties, LLC is requesting approval of a replat for a 0.94-acre single-family residential property at 7223 Eden Road. The replat is a result of the adjacent "Harmon Farms" development, to which Mr. Bannister is contributing the back portion of his existing 2.87-acre property. Once the Bannister property is subdivided, the lot will continue to serve as their residence at 7223 Eden Road. The zoning was recently changed to "R-2" Single Family Residential to make it conform to the minimum lot area requirements for this new plat. EXISTING SITE CONDITIONS: A 2,210 square foot single-family residence built in 1994 (Source: Tarrant Appraisal District). PLATTING STATUS: Lot 1, Block 1, Bannister Estates. The property was included in the Preliminary Plat for Harmon Farms (Case PP 2013-08) approved by the Planning & Zoning Commission on November 7, 2013. EXISTING ZONING: "R-2" Single Family Residential COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Low Density Residential" for this area. The Low Density Residential Land Use provides for traditional, low- density, single-family detached dwelling units. SURROUNDING ZONING / LAND USE: North: AG Agricultural / Low Density Residential South: AG Agricultural / Low Density Residential East: R-2 Single Family / Low Density Residential West: R-2 Single Family / Low Density Residential ROUGH PROPORTIONALITY DETERMINATION: The public improvements necessary for the subdivision (identified as RP 2013-17) to develop in accordance with the City's minimum standards include concrete sidewalks and curb & gutter along Eden Road. The construction of these improvements is the responsibility of the owner/applicant/developer. There is a recorded lien and City/Developer Agreement recorded at Tarrant County regarding these improvements. Therefore, the owner/appIicant/d eve lope r will not be required to construct these improvements at this time. The owner has also previously executed an agreement (also recorded at Tarrant County) stating that they agree to pay for said improvements at a date in the future when these improvements are constructed. Therefore, the commitments in the existing agreements are roughly proportionate to the proposed subdivision. Therefore, the owner/applicant/developer will not be required to construct the required improvements (per current minimum City standards) at this time; however, the owner is assuming 100% of the amount required for such infrastructure improvements in the future. The above determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by the undersigned professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. PUBLIC HEARING REQUIRED: Notice of public hearing was given in accordance with Section 212-015 of the Local Government Code. STAFF RECOMMENDATION: Approval of RP 2013-17. .........................................j =11,111,1111,................................................. .......... LU............... ................. ........... .......... ........ ... ......... ........... ............... ............ ...... !s I..........Tt .................... .............. ............ RP 2013-07 �Replat Bannister Estates 7223 Eden Rd Feet Prepared by Plainn4ilg 012/07114 0 100 200 400 600 800 PROPERTY OWNER NOTIFICATION NOTICE OF (PUBLIC HEARINGS ' CITY OF NORTH RICHLAND HILLS f PLANNING AND ,BONING COMMISSION AND CITY COUNCIL Case Number: RP 2013-17 Applicant: NRH Tarrant Properties LLC Location: 7223 Eden Rd 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 NRH—Tarrant Properties LLC for a Replat for Lot I R, Bloch 1, Bannister Estates Addition located at 7223 Eden Rd. Public Hearing Schedule: Public Hearing Gates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, FEBRUARY 20,2014 CITY COUNCIL 7:00 PM MONDAY, MARCH 3,2014 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS,TEXAS if you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department-City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills,Texas 76180 Phone(817)427-6300 Fax(817)427-6303 LIST OF NOTIFED PROPERTY OWNERS Bannister,W Etux E O'Daniel 7223 Eden Rd NRH Tx 76182-3205 hog NN F- op ST v; too' Z is; A It oil kO 9 it 1 'my Iwo Q Not GV06 N.3a tl� Ng 1."1 � .. ........ ......... .......... . ..... . ......................... ------- ..................... 'M'0',�9 99 (3-3NNV7d) HLGIM 3 . VI&VA).1 (7VQV N.30-9 ................ IMA .99,rkWoo s C6 I�W �y . .............. Lj LJ U) uj L'i UJ U- z CC UJ C; 0 w 0 2, rN W rS t37 J F, C; 0 L5 r--7 T CN Ln r. Ir 3 qzj-alON Lo F- H1. r PLANNING & ZONING COMMISSION MEMORANDUM From: Office of Planning and Development Date: 2-20-2014 Subject: Agenda Item No. C.3 SUP 2013-08 Public Hearing and Consideration of a request from NRH-Tarrant Properties, LLC for a Special Use Permit for two Detention/Retention Ponds to serve the Harmon Farms development located in the 7300 block of Eden Road. Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: NRH-Tarrant Properties, LLC is requesting a Special Use Permit for two stormwater detention facilities for their 28-lot "Harmon Farms" residential subdivision on the west side of Eden Road between Amundson Drive and Rumfield Road. DETENTION/RETENTION: Although some detention/retention ponds have been approved as parts of "PD" zoning districts (i.e. Aldi, Kroger, Winco, etc.), this is the first Special Use Permit to be considered under Section 118-729 of the Zoning Ordinance- "Detention/retention pond criteria"—since the provision was passed on January 14, 2013. Staff will be interested to hear what exhibits and improvements the Planning & Zoning Commission and City Council will be looking for when these SUP requests are made. The retention pond at the subdivision's entry off of Eden is necessary because Eden is notKt� � currently an improved roadway and does not have the drainage system and capacity typical of an improved street. As an entry feature, this facility will have a constant water level of about 7 feet l , deep with a water fountain to keep circulation of a F,' water and avoid stagnation. Low (11/2 to 3 feet) masonry walls will be provided on the east andi �,: ,�jib �Il west sides of the pond. During rain events, they pond will capture runoff from the subdivision and release it at the same rate of the pre-developed _ ;l ' � ►,�:. conditions today. The visual impact of inlets and outfall structures should be minimal. Another detention pond is proposed in a more discrete location behind two of the new single- family lots (Lots 18 & 19) in the southwestern part of the Harmon Farms subdivision. This facility is ��/ ,�/�� ° �'�%i%'%� ' also required to allow for development of the '//��!�'�j��d> y ; t�/! ��/�j%„%'�°!�. property, since downstream drainage improvements are not constructed. Being a detention pond, the facility will stay dry and release stormwater runoff at a rate that is consistent with today's flows. Concrete flumes would line the base of the pond to insure that no excess water stands in the p o nd. MAINTENANCE AGREEMENT: Both facilities will be accompanied with a developer/maintenance agreement as they move forward to City Council. The agreement will stipulate that the developer and/or the HOA shall be responsible for maintaining the areas to minimum standards and the City will have the option to access the facilities for additional maintenance if needed. LANDSCAPING PROVIDED: A variety of Texas Ash, Pecan and Bur Oak trees are proposed along the periphery of the two facilities-9 such trees around the retention pond along Eden Road at the subdivision's entry and 5 around the detention pond behind Lots 18 & 19. Possumhaw Holly is also proposed as an accent/ornamental tree. ..n�IIW� WMM WA'Wimn iii 0A Y'1 STAFF RECOMMENDATION: Approval of Case SUP 2013-08. MAP ........... ......... ---------- ................ ................. .................. ver lade Dr ---------- 7E v ................ .............. A -.sb )r PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Number: SUP 2013-08 Applicant: NRH — Tarrant Properties LLC Location: 7300 block of Eden Rd You are receiving this notice because you are a property owner of record within 200 feet of the two properties shown on the attached map. Purpose of Public Hearing., A Public Hearing is being held to Consider a request from NRH—Tarrant Properties LLC for a Special Use Permit for two Detention/Retention Ponds to serve the Harmon Farms development located in the 7300 block of Eden Rd. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, FEBRUARY 20, 2014 CITY COUNCIL 7:00 PM MONDAY, MARCH 3,20'14 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 LIST OF NOTIFIED PROPERTY OWNERS Brantley, Darren E Adams„ Larry D Etux Jessica C Owens,James Etux Janine 8904 Everglade Dr 7252 Eden Rd 7248 Eden Rd Fort Worth Tx 761182-3236 NRH Tx 76182-3204 NRH Tx 76182-3204 Friese, James W Etux Suzan B Volk„Ann N Kim, Jin Sook 7312 Eden Rd 4412 La J'itas Ct 8905 Everglade Dr NRH Tx 76182-3206 Fort Worth Tx 76108-9393 NRH Tx 76182-3237 Blakeman, Philip Etux Jillian Pate,Thomas Parrish, C H Etux Elizabeth 7400 Eden Rd 7401 Eden Rd 7313 Eden Rd NRH Tx 76182-3208 NRH Tx 76182-3209 Fart Worth Tx 76182-3207 Nrh-Tarrant Properties LLC Gebo, Joseph C Etux Laurie Upchurch, Patricia 6617 Precinct Line Rd Ste 200 72.25 Eden Rd 7217 Eden Rd NRH Tx 76182-4389 NRH Tx 76182-3205 NRH Tx 76182-3205 Hernandez, Luis F Etux Shelley Bannister,W Etux E O'Daniel 909 Turnberry Ln 7223 Eden Rd Southlake Tx 76092-4215 NRH Tx 76182-3205 ��I ��°� ,,,,, °•••W,�n °'�� '+�t� 8'VM3LBTBH9MglH�ltlHIIIOM � '� z Cy s w ISO ' b' pP s oil m w � — ` } Ii LU I W :a _ CL LUo 17 a Q I ; lu '- W CL t .., - ' —— ,- — — II r �oa, I I I I I j 5a III ej " iaia'a mz n wou aaav aaa o f I a L maale'sq la"� D �P6o swat"STBH OW111011A KWON N a�1'nna91�® g: SVdkNtl NOV48VH vr 1 ......... ., ..... m o EL € y 4' ti Ij w s (L r Z 3r 21 51 J IV 1 ti s e ... _ - ci fly . hi f �v 5 R � f I ,LL 6�4 } Qr� p f in 1i E w {� 4 /l lm , y W,•�;. � Mal"Bl'IIH lJN"U"HJRl HYk!(DN 'r iCL nI Z r 0 JEF 1 `k W � a w, , IV� �� e "Mill ANNI it u •»-M�.�•.3.. "" r SVX31.`6'TrH CY�N"Id'�!FID.HpH swaV�ir,owdvHi J CL � w I r ..::............ r r L .oi./�,/,/o/r,. -.i. r/vrirJ,//�/,ii, /,r///////r./ // J/i��,�///rr,/� �,%iv,/.�/ //ior//i�/ ./.✓iii. /�rril; r ;,, rii�,//,,,, ,,,//,,;��/////,,;r r,,i��iii/i �„ir/,,,/�, ,,,,, „ii�, ,;,, , ,,,,,,ai✓ii��////iii,,,i��,% ,,,,,/�//,�„ r/il,,,,,,,,,,,,/�,///r%//;; <' //%/io/i /i rr/� /////i ;//�ra////o;° '�/ ,✓/i//oi///ii////ii///iiii//iii ///��/o/ire/ ............... .......... --,}_,- � sr r/rJ�„/Ji"mo/riir n i�ii/�/;�'i;/;�i'i✓ii i;i'//;'�r/�;',;,-,„,�;'„,;;,/J;r�r,n%,l , � i�//o i i a/�,.r,i �r/ i..✓//��oi..�,i�,,,/l i,/� ,J i rill r// it iii%/�i/'/oi%ii/iiii %/////fir% `\C ` PLANNING & ZONING COMMISSION MEMORANDUM From: Office of Planning and Development Date: 2-20-2014 Subject: Agenda Item No. CA ZC 2014-04 Public Hearing and Consideration of a request by the City of North Richland Hills to apply the new Freeway Corridor Overlay District to all properties which adjoin or are located within 200 feet of the ultimate right-of-way for Northeast Loop 820 (IH-820) and Airport Freeway (SH 1211SH 183), and are not planned for single-family residential, parks/open space, stormwater drainage easement use or transit oriented development (TOD) as shown on the City's Comprehensive Land Use Plan. Ordinance No. 3299 Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: On February 10, 2014, City Council approved TR 2013-07 (Ordinance No. 3291) establishing standards for the new Freeway Corridor Overlay District. This case would be the final action needed for this project. Although the previous approval established the standards, the City Attorney advised that the language in the ordinance did not specifically apply the new standards to the subject properties through a "zoning change" type ordinance. Therefore, what is before the Commission is a clarification that the new Freeway Corridor Overlay District will apply to the properties specified within the Text Revision ordinance previously approved and shown on the map provided below. STAFF RECOMMENDATION: Approval of ZC 2014-04. ORDINANCE NO. 3299 ZONING CASE ZC 2014-04 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND APPLYING A FREEWAY CORRIDOR OVERLAY DISTRICT TO ALL PROPERTIES WHICH ADJOIN OR ARE LOCATED WITHIN 200 FEET OF THE ULTIMATE RIGHT-OF-WAY FOR NORTHEAST LOOP 820 (IH-820) AND AIRPORT FREEWAY (SH 121/SH 183), AND ARE NOT PLANNED FOR SINGLE- FAMILY RESIDENTIAL, PARKS/OPEN SPACE, STORMWATER DRAINAGE EASEMENT USE OR TRANSIT ORIENTED DEVELOPMENT (TOD) AS SHOWN ON THE CITY'S COMPREHENSIVE LAND USE PLAN; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by applying a Freeway Corridor Overlay District to all properties which adjoin or are located within 200 feet of the ultimate right-of-way for Northeast Loop 820 (IH-820) and Airport Freeway (SH 121/SH 183), and are not planned for single-family residential, parks/open space, stormwater drainage easement use or transit oriented development (TOD) as shown on the City's Comprehensive Land Use Plan, as shown in the map provided as Exhibit A. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED on this 24th day of February, 2014. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head cc a � �. �z c CL man i1H dry ID - - 025 (JAla SOrkv(7 � � ^ a / ,/ � G U�'� •�vc N � 4Y L a r° W N7 nvarjaw'j ..'. N7/,V0170H .-- OH 3ONVA `5t 1 �3 QIL 294]fil ONS 3JMd a �_ HO MON.S ainH � q) �ro = p m p ? c o (7 Q N d p i a �. m 4 ka da r > ca at rL CI ., � � •,,,J Ili