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HomeMy WebLinkAboutCC 2016-05-16 Agendas k4RH 1° OKTH MCHI.AND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, MAY 16, 2016 WORK SESSION: 6:00 PM 1 Discuss items from regular City Council meeting. 2 Welcome and introduction - public official, public employee or citizen. 3 Youth Advisory Committee 2016 Project Presentation CALL TO ORDER EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. 1 Section 551 .071 : Consultation with City Attorney to seek advice about pending or threatened litigation or a settlement offer - correspondence from Freedom From Religion Foundation. 2 Section 551 .072: Deliberate the purchase, exchange, lease or value of real property - (1) 7301 NE Loop 820 and (2) Southeast corner of Rufe Snow and NE Loop 820. Monday, May 16, 2016 City Council Agenda Page 1 of 4 3 Section 551 .074: Personnel Matters to deliberate the employment, evaluation, and duties of public employees - consideration of extension of injury leave for a police officer. 4 Section 551 .087: Deliberate the offer of financial or other incentives to a business prospect with which the city is conducting economic development negotiations - (1) Southeast corner of Rufe Snow and NE Loop 820, and (2) Southeast corner of Boulevard 26 and Rodger Line Road REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) A. CALL TO ORDER A.1 INVOCATION - COUNCIL MEMBER RODRIGUEZ A.2 PLEDGE - COUNCIL MEMBER RODRIGUEZ A.3 SPECIAL PRESENTATION(S)AND RECOGNITION(S) A.3.1 Oaths of Office / Swearing in Ceremony A.4 CITIZENS PRESENTATION A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approve minutes of the May 9, 2016 regular City Council meeting. B.2 Approve corrected minutes of the April 25, 2016 regular City Council meeting. B.3 Authorize payment to the City of Fort Worth for the annual radio system services infrastructure in the amount of $134,676. C. PUBLIC HEARINGS C.1 SDP 2016-03, Ordinance No. 3410, Public Hearing and consideration of a request from Our Country Homes for a Special Development Plan for Iron Horse Commons on 27.842 acres in the 6400 and 6500 blocks of Iron Horse Boulevard. C.2 SUP 2015-06, Ordinance No. 3409, Public Hearing and consideration of a request from Marvin Smith for a Special Use Permit for a Detention Pond on the proposed Smith Farm Addition site located at 7601 Douglas Lane. Monday, May 16, 2016 City Council Agenda Page 2 of 4 C.3 FP 2015-02 Consideration of a request from Marvin Smith for a Final Plat of Smith Farm Addition on 8.00 acres located at 7601 Douglas Lane. CA ZC 2016-02, Ordinance No. 3408, Public Hearing and consideration of a request from ARTEC for a revision to Planned Development 36 (PD-36) located in the 9000-9100 blocks of North Tarrant Parkway including adjacent parcels on Davis Boulevard and Precinct Line Road. C.5 RP 2016-04 Public Hearing and consideration of a request from Sun Holdings for a Replat of Lots 2R1 and 2R2, Block 1 , Wal-Mart Addition on 3.91 acres located in the 8200 block of Precinct Line Road. D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS F. GENERAL ITEMS F.1 Youth Advisory Committee End of Year Report F.2 Consider Ordinance No. 3413, Abandoning and closing a portion of Birchwood Drive. F.3 Consider Ordinance No. 3414, approving a Negotiated Settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the Company's 2016 Rate Review Mechanism Filing. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA H. INFORMATION AND REPORTS - COUNCIL MEMBER LOMBARD H.1 Announcements I. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Friday, May 13, 2016 at 3:00 PM. Monday, May 16, 2016 City Council Agenda Page 3 of 4 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. Monday, May 16, 2016 City Council Agenda Page 4 of 4 k4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 16, 2016 SUBJECT: Discuss items from regular City Council meeting. PRESENTER: Mark Hindman, City Manager SUMMARY: The purpose of this item is to allow City Council the opportunity to discuss any item on the regular agenda. GENERAL DESCRIPTION: The purpose of this standing item is to allow City Council the opportunity to inquire about items that are posted for discussion and deliberation on the regular City Council agenda. City Council is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular or consent agenda. City Council may also elect to move items from the regular agenda to the consent agenda upon receiving clarification from staff on posted regular agenda items. r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 16, 2016 SUBJECT: Welcome and introduction - public official, public employee or citizen. PRESENTER: Mark Hindman, City Manager SUMMARY: Introduction of public official, public employee or citizen in attendance at the meeting. GENERAL DESCRIPTION: The purpose of this item is to provide City staff or City Council the opportunity to recognize and introduce a public official, public employee or citizen in attendance at the meeting. r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 16, 2016 SUBJECT: Youth Advisory Committee 2016 Project Presentation PRESENTER: Kristin James, Assistant to the City Manager SUMMARY: Members of the Youth Advisory Committee will be presenting their 2016 project in which they analyzed the City's use of social media and have generated some suggestions for moving forward. GENERAL DESCRIPTION: The City is fortunate to have the opportunity to use the Youth Advisory Committee to better understand the needs of the youth within the community, as well as educate them about municipal government. One way the committee achieves this is by developing a project that will affect the youth of North Richland Hills. The goal in having YAC complete this project was to allow members the opportunity to learn and be involved in the decision making process of local governments. It started with their ideas, and then they were required to do the necessary research, prepare the presentation and now bring it before City Council as an idea that may be pursued in the future. In January the Youth Advisory Committee met to discuss various ideas for the project proposal. After much discussion and debate they decided to present to Council information regarding the City's use of social media. The Committee analyzed the City's current social media presence, and from that analysis generated ideas to enhance the use of social media in order to attract followers from younger generations (Millennials and Generation Z). As mentioned above, the primary purpose of this item is to help educate YAC members in the decision making process of local governments and to receive input from the potential future leaders of the community. This agenda item is for informational purposes and no action is being requested from Council at this time. CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 16, 2016 SUBJECT: Section 551.071: Consultation with City Attorney to seek advice about pending or threatened litigation or a settlement offer - correspondence from Freedom From Religion Foundation. PRESENTER: Cara Leahy White, Assistant City Attorney CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 16, 2016 SUBJECT: Section 551.072: Deliberate the purchase, exchange, lease or value of real property - (1) 7301 NE Loop 820 and (2) Southeast corner of Rufe Snow and NE Loop 820. PRESENTER: Mark Hindman, City Manager CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 16, 2016 SUBJECT: Section 551.074: Personnel Matters to deliberate the employment, evaluation, and duties of public employees - consideration of extension of injury leave for a police officer. PRESENTER: Mark Hindman, City Manager CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 16, 2016 SUBJECT: Section 551.087: Deliberate the offer of financial or other incentives to a business prospect with which the city is conducting economic development negotiations - (1) Southeast corner of Rufe Snow and NE Loop 820, and (2) Southeast corner of Boulevard 26 and Rodger Line Road PRESENTER: Mark Hindman, City Manager r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 16, 2016 SUBJECT: Oaths of Office / Swearing in Ceremony PRESENTER: Alicia Richardson, City Secretary GENERAL DESCRIPTION: Pursuant to the Election Code, the City of North Richland Hills was able to cancel their general election due to the candidates for Mayor and Places 2, 4, and 6 being unopposed. At their March 14, 2016 meeting, City Council approved Resolution No. 2016-013, receiving the city secretary's certification that the following candidates were unopposed for election to office for the election scheduled to be held on May 7, 2016 and that no write-in candidates have filed to be placed on the list of write-in candidates. OFFICE CANDIDATE TERM Mayor Oscar Trevino Two years Council member, Place 2 Rita Wright Oujesky Two years Council member, Place 4 Tim Barth Two years Council member, Place 6 Scott Turnage Two years The resolution also declared the above listed candidates elected to office who shall be issued certificates of election following the time the election would have been canvassed. The Election Code provides for the dates in which an election will be canvassed as no earlier than the third (3rd) day and no later than the eleventh (11th) day after the election. In accordance with the Election Code, the newly elected officials will officially be sworn in and oaths administered by the city secretary. A ceremony of the oath of office and swearing in will take place at the May 16, 2016 City Council meeting. k4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 16, 2016 SUBJECT: Approve minutes of the May 9, 2016 regular City Council meeting. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: To approve the minutes of the May 9, 2016 regular City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT CITY HALL, 7301 NORTHEAST LOOP 820 MAY 9, 2016 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 9th day of May 2016 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Absent: David Whitson Mayor Pro Tern Staff Members: Mark Hindman City Manager Karen Bostic Assistant City Manager Paulette Hartman Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Alicia Richardson City Secretary Cara L. White City Attorney Monica Solko Assistant City Secretary Stan Tinney Fire Chief Kent Austin Director of Finance Craig Hulse Director of Economic Development Patrick Hillis Director of Human Resources Mark Mills Director of Budget Kenneth Rawson Assistant Fire Chief Rick Scott Assistant Police Chief Debbie Durko Municipal Court Clerk Mary Peters Public Information Officer Kristin James Assistant to the City Manager Caroline Waggoner City Engineer David Russell Engineer Associate Boe Blankenship Public Works Operations Manager Clayton Comstock Planning Manager Clayton Husband Principal Planner Marrk Callier Management Assistant May 9, 2016 City Council Meeting Minutes Page 1 of 14 Call to Order Mayor Trevino called the meeting to order at 6:00 p.m. 1. Discuss items from Regular City Council meeting. Council had no questions for staff. 2. Welcome and introduction - public official, public employee or citizen. Planning Manager Clayton Comstock introduced Planning and Zoning Commission members Mike Benton, Jerry Tyner, and Steven Cooper who were present to hear Kimley Horn's presentation to Council. 3. Discuss Quarterly Financial Status Report. Budget Director Mark Mills reviewed the quarterly financial status report for the period ending March 31 , 2016. Mr. Mills reviewed the General Fund, Park Development Fund, Crime Control District Fund and Utility Fund providing the following year to date actuals. General Fund Amount Percentage of projected budget Revenue $33,569,695 71% Expenditures $24,301,430 51% Park Development Fund - Amount Percentage of projected Revenue budget Sales Tax $2,396,204 50% Tennis Center $160,603 45% NRH Centre 1,333,949 45% Other 143,983 60% Park Development Fund - Amount Percentage of projected Expenditures budget Administration 1,117,912 40% Tennis Center 248,911 40% NRH Centre 1,286,015 44% Other 544,875 26% Crime Control District Amount Percentage of projected Fund budget Revenue 2,642,049 51% Expenditures 2,490,814 48% May 9, 2016 City Council Meeting Minutes Page 2 of 14 Utility Fund — Revenue Amount Percentage of projected budget Water 8,565,033 43% Sewer 4,783,798 45% Other 1,623,467 82% Utility Fund - Amount Percentage of projected Expenditures budget Water Services 5,718,155 39% Sewer Services 3,585,413 58% Operating 548,621 40% Finance 1,035,457 47% Other 4,860,681 61% Council had no questions for staff. 4. Discuss Iron Horse TOD Corridor Plan. Planning Manager Clayton Comstock introduced Brian Shamburger who would be reviewing Kimley Horn's evaluation and recommendations Iron Horse Boulevard Cross Section. Mr. Shamburger informed Council they were tasked with evaluating future traffic conditions and to provide cross section recommendations. Mr. Shamburger reviewed the existing conditions; proposed developments (Fountains at Iron Horse mixed use, Iron Horse Commons residential, TEXRail Station + Iron Horse Village, and TOD zoned property) for the area; volume analysis for future development; capacity analysis for (1) intersections of Iron Horse Boulevard & Browning Drive and Iron Horse Boulevard and Boulder Drive, (2) thoroughfare, and (3) all segments operated at an acceptable line of sight; parking considerations; and Transit Oriented Development street types and code and variations. Mr. Shamburger also reviewed proposed recommendations to revise the Transit Oriented Development for three sections — (1) Boulder to Rufe Snow north of Bold Ruler lane, (2) Boulder to Browning, and (3) Loop 820 to Boulder north of Sam's Club. Council and staff discussed the proposed angled parking and speed limit for the streets with angled parking. Mr. Comstock advised Council if they do not have any objections that staff would move forward with an ordinance for Commercial Avenue. Council directed staff to provide examples of angled parking for their review. May 9, 2016 City Council Meeting Minutes Page 3 of 14 EXECUTIVE SESSION Mayor Trevino announced at 6:44 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section Section 551.072: Deliberate the purchase, exchange, lease or value of real property - (1) 7301 NE Loop 820 and (2) Southeast corner of Rufe Snow and NE Loop 820; Section 551.087: Deliberate the offer of financial or other incentives to a business prospect with which the city is conducting economic development negotiations - (1) Southeast corner of Rufe Snow and NE Loop 820 and (2) Southeast corner of Boulevard 26 and Rodger Line Road; Section 551.074: Personnel Matters to deliberate the employment, evaluation, and duties of public employees - (1) Municipal Judge, (2) Municipal Court Clerk, and (3) consideration of extension of injury leave for a police officer. Executive Session began at 6:44 p.m. and concluded at 6:56 p.m. Mayor Trevino announced at 6:56 p.m. that Council would convene to the regular City Council meeting. REGULAR COUNCIL MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order May 9, 2016 at 7:12 p.m. ROLL CALL Present: Oscar Trevino Mayor Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Absent: David Whitson Mayor Pro Tern Staff Members: Mark Hindman City Manager Karen Bostic Assistant City Manager Paulette Hartman Assistant City Manager Alicia Richardson City Secretary Monica Solko Assistant City Secretary Cara L. White City Attorney A.1 INVOCATION Council member Barth gave the invocation. A.2 PLEDGE May 9, 2016 City Council Meeting Minutes Page 4 of 14 Council member Barth led the pledge of allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 RECOGNITION OF FINAL CITY COUNCIL MEETING AT 7301 NE LOOP 820 A video that outlined the history of City Hall located at 7301 NE Loop 820 was played for the Mayor, City Council and public. Mayor Trevino recognized the following elected officials who were present for the last meeting at 7301 NE Loop 820: Name Years of Service Position Held Mr. Marion Massey 1970 - 1974 Mayor (was also city attorney 1965-68) Mr. Jim Kenna 1980 - 1986 2 Mr. Richard Davis 1982 - 1991 3 Mr. Tommy Brown 1988 - 1998 Mayor Mr. Charles Scoma 1989 - 1992; 1998 - 5 and Mayor 2002 Mr. Mark Wood 1991 - 1997 3 Ms. JoAnn Johnson 1991 - 2006 4 Mr. Don Phifer 1996 - 2001 5 Ms. Cheryl Cowen 1997 - 1999 7 Lyman Mr. Russelll Mitchell 1998 - 2002 2 Ms. Nancy Bielik 2004 - 2006 6 Mr. Ken Sapp 2006 - 2012 2 AA CITIZENS PRESENTATION There were no requests to speak from the public. May 9, 2016 City Council Meeting Minutes Page 5 of 14 A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA There were no items for this category. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVE MINUTES OF THE APRIL 25, 2016 REGULAR CITY COUNCIL MEETING. B.2 AUTHORIZE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TOWN OF BARTONVILLE FOR THE PURCHASE OF GOODS AND SERVICES. B.3 AUTHORIZE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TOWN OF HICKORY CREEK FOR THE PURCHASE OF GOODS AND SERVICES. B.4 APPROVE AN AGREEMENT WITH THE TARRANT COUNTY TAX ASSESSOR/COLLECTOR FOR TAX ASSESSMENT AND COLLECTION SERVICES OF AD VALOREM TAXES FOR TAX YEAR 2016. B.5 AWARD BID NO. 16-021 TO AMERICAN EAGLE HARLEY-DAVIDSON FOR POLICE MOTORCYCLES IN THE AMOUNT OF $72,856.02. B.6 APPROVE PURCHASE OF POLICE DEPARTMENT VEHICLES, HYBRID VEHICLES, AND MEDIUM-DUTY TRUCK FROM SAM PACK'S FIVE STAR FORD IN THE AMOUNT OF $329,760.65. COUNCIL MEMBER LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCIL MEMBER TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0 C. PUBLIC HEARINGS C.1 ZC 2016-01, ORDINANCE NO. 3406, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SPRY SURVEYORS FOR A ZONING CHANGE FROM R-1-S SPECIAL SINGLE FAMILY TO R-1 SINGLE FAMILY ON 0.463 ACRES LOCATED IN THE 7200 BLOCK OF BURSEY ROAD. APPROVED Mayor Trevino opened the public hearing for ZC 2016-01 and companion item RP 2016- 02. Mayor Trevino called on Principal Planner Clayton Husband to introduce the item. Principal Planner Clayton Husband informed Council that he would present item C.1 and companion item C.2. The purpose of item C.1 is to rezone 0.463 acres from R-1-S special single family to R-1 single family. The companion item C.2 is the associated May 9, 2016 City Council Meeting Minutes Page 6 of 14 replat, which requests a variance to the subdivision regulations regarding the sanitary sewer system. The property (4.138 acres) is located at Londonderry Drive and Bursey Road. The area is designated on the comprehensive plan as low density residential and the current zoning is R-1-S special single family residential. Mr. Husband provided site photos of the property. Mr. Husband provided site photos of the property. Applicant representative Mark Wood, 6617 Precinct Line Road, Suite 200, Hurst, Texas informed Council he is present on behalf of property owners Bob and Susan Griggs. The Griggs' intend to sell approximately '/2 acre located at the northern end of their property. The lot will be sold as an estate lot and serves as the purpose of the requested replat. The request to rezone from R-1-S to R-1 would allow the smaller estate lot size. The current zoning of R-1-S requires a minimum of one acre. The variance request is to allow the use of a septic system on the condition that it meets the county guidelines. Mr. Husband commented that the replat meets the requirements of the zoning ordinance and subdivision regulations. The variance request is tied to the plat. The Planning and Zoning Commission, at their April 21, 2016 meeting recommended approval with a vote of 4-0 for the zoning change and replat to include the requested variance for the sanitary sewer. Council had no questions for staff or the applicant. Mayor Trevino asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCIL MEMBER WRIGHT OUJESKY MOVED TO APPROVE ZC 2016-01, ORDINANCE NO. 3406. COUNCIL MEMBER RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. C.2 RP 2016-02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SPRY SURVEYORS FOR A REPLAT OF LOTS 2R1 AND 2R2, BLOCK 1, DOUBLE K RANCH ADDITION ON 4.138 ACRES LOCATED AT 7229 LONDONDERRY DRIVE. APPROVED This item was presented in conjunction with item C.1. The public hearing was opened for comments and closed during discussion with item C.1. COUNCIL MEMBER TURNAGE MOVED TO APPROVE RP 2016-02. COUNCIL MEMBER WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. May 9, 2016 City Council Meeting Minutes Page 7 of 14 C.3 ZC 2016-05, ORDINANCE NO. 3407, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SAFEWAY CONSULTING AND CONTRACTING, LLC FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R-2 SINGLE FAMILY ON 2.66 ACRES LOCATED AT 8500 CLAY HIBBINS ROAD. APPROVED Mayor Trevino opened the public hearing and called on Planning Manager Clayton Comstock to introduce the item. Planning Manager Clayton Comstock informed Council the applicant is requesting a zoning change for 2.66 acres located at the bend in Shady Grove Road near Clay Hibbins Road. The area is designated on the comprehensive plan as low density residential and the current zoning is AG agricultural. City Council approved R-2 zoning for adjacent property (11 acres) in November 2015 for the development of Fresh Meadows residential subdivision. The purpose of the zoning change request is to include the additional 2.66 acres to the Fresh Meadows residential subdivision. Mr. Comstock provided site photos of the property. Applicant representative Mark Assaad with A.N.A. Consultants, located at 5000 Thompson Terrace, Colleyville presented the request and was available to answer questions from Council. Mr. Comstock informed Council the addition of the 2.66 acres allows the developer to increase the number of lots from 35 to 46 for the Fresh Meadows subdivision. The Planning and Zoning Commission, at their April 21, 2016 meeting recommended approval with a vote of 4-0. Staff recommends approval of the item. Council had no questions for staff or the applicant. Mayor Trevino asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCIL MEMBER WELCH MOVED TO APPROVE ZC 2016-05, ORDINANCE NO. 3407. COUNCIL MEMBER BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. CA RP 2015-11 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM PSI ATLANTIC RICHLAND HILLS TX, LLC FOR A REPLAT OF RED GATE ADDITION ON 4.552 ACRES LOCATED IN THE 7800 BLOCK OF MOCKINGBIRD LANE. APPROVED May 9, 2016 City Council Meeting Minutes Page 8 of 14 Mayor Trevino opened the public hearing and called on Principal Planner Clayton Husband to introduce the item. Principal Planner Clayton Husband informed Council the applicant representative submitted an application for a replat of 4.552 acres located in the 7800 block of Mockingbird Lane. The property is located adjacent to La Casita Mobile Home Park. The area is designated on the comprehensive plan as retail and the current zoning is NR-PD non-residential planned development. The recent zoning change was approved by Council at their April 11, 2016 meeting, which includes development standards for a self-storage facility and establishes C-2 commercial as the base zoning district. Mr. Husband provided site photos of the property. Applicant representative Ryan Alspaugh, 3960 Broadway Boulevard, Garland, Texas presented the request and was available to answer questions from Council. Mr. Comstock informed Council the replat creates a single lot to address previous land swaps and to consolidate the entire boundary. The proposed replat meets the requirements of the zoning ordinance and subdivision regulations. The Planning and Zoning Commission, at their May 5, 2016 meeting recommended approval with a vote of 6-0. Mayor Trevino asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCIL MEMBER RODRIGUEZ MOVED TO APPROVE RP 2015-11. COUNCIL MEMBER LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. C.5 RP 2016-06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JPC REALTY LTD FOR A REPLAT OF LOTS 23R AND 24R, BLOCK 1, W.E. ODELL ADDITION ON 1.10 ACRES LOCATED AT 8121-8129 ODELL STREET. APPROVED Mayor Trevino opened the public hearing and called on Planning Manager Clayton Comstock to introduce the item. Planning Manager Clayton Comstock informed Council the purpose of the request is to combine a number of lots into two lots for office use. The area is designated on the comprehensive plan as low density residential and the current zoning is 0-1 office zoning district. The recent zoning change was approved by Council at their April 11, 2016 meeting, which authorized staff to amend the comprehensive land use plan to either office or local retail designation. Mr. Comstock provided site photos of the property. May 9, 2016 City Council Meeting Minutes Page 9 of 14 Applicant John Campbell, 935 Glade Road, Suite 100, Hurst, Texas presented his request and was available to answer questions from Council. Mr. Comstock informed Council the request accommodates the residential setbacks from the west and north and also has a 25' building setback from Odell Street and Davis Boulevard. The Planning and Zoning Commission, at their May 5, 2016 meeting recommended approval with a vote of 6-0. Council had no questions for staff or the applicant. Mayor Trevino asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCIL MEMBER TURNAGE MOVED TO APPROVE RP 2016-06. COUNCIL MEMBER LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. D. PLANNING AND DEVELOPMENT D.1 AP 2016-01 CONSIDERATION OF A REQUEST FROM ROBERT RICHARDSON FOR AN AMENDED PLAT FOR LOT 6R, BLOCK 1, WOODBERT ADDITION ON 0.924 ACRES LOCATED AT 8301 WOODS LANE. APPROVED Mayor Trevino called on Principal Planner Clayton Husband to introduce the item. Principal Planner Clayton Husband informed Council the applicant representative submitted an application for a proposed amended plat of 0.924 acres located at 8301 Wood Lanes. The area is designated on the comprehensive plan as low density residential and the current zoning is R-3 single-family residential. Mr. Husband provided site photos of the property. Applicant Lonnie Gillilan, 6863 Hardesty, Richland Hills, presented his request and was available to answer questions from Council. Mr. Husband informed Council the replat combines two existing lots (6 and 7, Block 1) into one lot. The proposed plat includes the necessary easements for utilities and also meets the requirements of the zoning and subdivision ordinances. The Planning and Zoning Commission, at their May 5, 2016 meeting recommended approval with a unanimous vote. Council had no questions for staff or the applicant. May 9, 2016 City Council Meeting Minutes Page 10 of 14 COUNCIL MEMBER WRIGHT OUJESKY MOVED TO APPROVE AP 2016-01. COUNCIL MEMBER RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. E. PUBLIC WORKS E.1 CONSIDER ORDINANCE NO. 3411, AMENDING THE CITY'S CODE OF ORDNANCES SECTION 54-102(B) FOR SPEED LIMITS ON SPECIFIC STREETS. APPROVED Public Works Operations Manager Boe Blankenship presented the item. The ordinance will change the speed limit for the following streets- STREET/HIGHWAY SPEED LIMIT (miles per hour) Control 8-14 Interstate Highway 820 North 45 mph Frontage Road from mile point 21.735 east 2.200 miles to mile point 23.935: Control 8-14 Interstate Highway 820 South 45 mph Frontage Road from mile point 21.735 east .725 miles to mile point 22.460: Control 8-14 Interstate Highway 820 South 45 mph Frontage Road from mile point 23.145 east .821 miles to mile point 23.966: Control 8-13 Interstate Highway 820 South 45 mph Frontage Road from mile point 23.966 east to City Limits at mile point 24.265: Control 364-01 State Highway 121 East 45 mph and Westbound Frontage Road from mile point 20.389 east .616 miles to City Limits at mile point 19.773: Mid-Cities Boulevard from its intersection 40 mph with Rufe Snow Drive to its intersection with Davis Boulevard (FM Road 1938): Council had no questions for staff. May 9, 2016 City Council Meeting Minutes Page 11 of 14 COUNCIL MEMBER LOMBARD MOVED TO APPROVE ORDINANCE ISO. 3411. COUNCIL MEMBER WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F. GENERAL ITEMS F.1 CONSIDER RESOLUTION NO. 2016-018, APPROVING REIMBURSEMENT FOR MEADOW LAKES DRIVE EXTENSION NOT TO EXCEED 1,000,000. APPROVED Director of Finance Kent Austin presented the item. The purpose of the resolution is to procure funds for the acquisition of rights of way and installation of streets for the Meadow Lakes Drive extension project. Approval of the reimbursement resolution will allow the city to bid and award contracts for the project before receipt of bond proceeds. Any interim funding will be repaid upon receipt of Certificates of Obligation bond proceeds. Managing Director Mike Curtis stated that the purpose of the project is to close off the intersection of LaRue at Rufe Snow, which will allow the City to extend Meadow Lakes that will tie into LaRue on the east side of Rufe Snow. Currently the intersections of Meadow Lakes and La Rue at Rufe Snow are offset. Upon completion of the construction, vehicular traffic will be able to access future retail area (former library and municipal court buildings) on the frontage road along IH 820. Council had no questions for staff. COUNCIL MEMBER TURNAGE MOVED TO APPROVE RESOLUTION NO. 2016-018. COUNCIL MEMBER WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.2 CONSIDER ORDINANCE NO. 3412, APPOINTING THE JUDGE AND ALTERNATE JUDGES OF THE MUNICIPAL COURT OF RECORD. APPROVED City Manager Mark Hindman presented the item. Pursuant to Chapter 30 of the Texas Government Code, the judge and alternate judges shall be appointed by the City Council by ordinance. The ordinance provides for the appointment of Stewart Bass for a term of two years, compensation and option to participate in the City's employee group health plan. The ordinance also provides for the appointment of alternate judges Glynnis McGinty and Lorraine Irby for a term of two years. Council had no questions for staff. COUNCIL MEMBER LOMBARD MOVED TO APPROVE ORDINANCE ISO. 3412. COUNCIL MEMBER WELCH SECONDED THE MOTION. May 9, 2016 City Council Meeting Minutes Page 12 of 14 MOTION TO APPROVE CARRIED 6-0 G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON THE WORK SESSION AGENDA Mayor Trevino announced that no action is necessary as the result of discussion in Executive Session. H. INFORMATION AND REPORTS HA ANNOUNCEMENTS Council member Wright Oujesky made the following announcements. Join us for the grand opening of your new City Hall on May 13. There will be an open house starting at 3:00 p.m. and a ribbon cutting ceremony starting at 6:00 p.m. A Sounds of Spring concert featuring Beatles tribute band "The Eggmen" will also be held at the City Hall Plaza starting at 7:00 p.m. Admission is free. Please visit our website or call City Hall for more information. A runoff for the 2016 Democratic and Republican Primaries will be held on May 24. Early voting for runoff will take place May 16 through 20 at the Dan Echols Center. For a list of early voting times and locations, or to view a sample ballot, call the Tarrant County Elections office or visit their website. Keep NRH Beautiful invites you to participate in the "I Dig My Garden" photo contest. Entries are being accepted now through July 31, 2016. Winning photos will be displayed on the city's website and the winner from each category will receive a $25 gift card from a local plant nursery. Find an entry form and more information on our website or by calling the Neighborhood Services Department. Kudos Korner — Josh Oler, Frank Garcia, Dillon James, Corey Bain, Randy Vastine, John Bitner, Wayne Estep, Robert Schenk, Julian Munoz and Miguel Medrano in the Public Works Department — A citizen emailed his appreciation for the crew that repaired his street. He said that Josh, the crew supervisor, took time to explain the process and everyone was exceptionally nice and helpful. He said these dedicated city employees and their outstanding customer service make North Richland Hills great. I. ADJOURNMENT Mayor Trevino, with the assistance of all elected officials (former and current), adjourned the meeting at 8:11 p.m. May 9, 2016 City Council Meeting Minutes Page 13 of 14 Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary May 9, 2016 City Council Meeting Minutes Page 14 of 14 k4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: Month Day, Year SUBJECT: Approve corrected minutes of the April 25, 2016 regular City Council meeting. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy o will be uploaded to the City's website. The minutes previously approved by City Council did not include the special presentation by Robert and Vanessa Copeland. RECOMMENDATION: Approve corrected minutes of the April 25, 2016 regular City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT CITY HALL, 7301 NORTHEAST LOOP 820 APRIL 25, 2016 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 25th day of April 2016 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor David Whitson Mayor Pro Tern Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Karen Bostic Assistant City Manager Paulette Hartman Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Alicia Richardson City Secretary Cara L. White City Attorney Monica Solko Assistant City Secretary Stan Tinney Fire Chief Kent Austin Director of Finance Craig Hulse Director of Economic Development Kyle McAfee Assistant Fire Chief Kenneth Rawson Assistant Fire Chief Rick Scott Assistant Police Chief Bill Thornton Assistant Director of Parks and Recreation Mary Peters Public Information Officer Kristin James Assistant to the City Manager Dave Pendley Building Official Frank Perez NRH2O General Manager Caroline Waggoner City Engineer David Russell Engineer Associate Clayton Comstock Planning Manager Marrk Callier Management Assistant April 25, 2016 City Council Meeting Minutes Page 1 of 8 Call to Order Mayor Trevino called the meeting to order at 6:00 p.m. 1. Discuss items from Regular City Council meeting. Council had no questions for staff. 2. Welcome and introduction - public official, public employee or citizen. There was no one present to introduce at the meeting. EXECUTIVE SESSION Mayor Trevino announced at 6:01 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.072: Deliberate the purchase, exchange, lease or value of real property - (1) 7301 NE Loop 820 and (2) Southeast corner of Rufe Snow and NE Loop 820; Section 551.074: Personnel matters to deliberate the employment, evaluation, and duties of public employees - Municipal Judge; and Section 551.087: Deliberate the offer of financial or other incentives to a business prospect with which the city is conducting economic development negotiations - (1) Southeast corner of Rufe Snow and NE Loop 820 and (2) Southeast corner of Boulevard 26 and Rodger Line Road. Executive Session began at 6:01 p.m. and concluded at 6:35 p.m. Mayor Trevino announced at 6:35 p.m. that Council would convene to the regular City Council meeting. REGULAR COUNCIL MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order April 25, 2016 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Mayor David Whitson Mayor Pro Tern Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Karen Bostic Assistant City Manager April 25, 2016 City Council Meeting Minutes Page 2 of 8 Paulette Hartman Assistant City Manager Alicia Richardson City Secretary Monica Solko Assistant City Secretary Cara L. White City Attorney A.1 INVOCATION Council member Turnage gave the invocation. A.2 PLEDGE Council member Turnage led the pledge of allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 WATER SAFETY 365 PROGRAM Managing Director Vickie Loftice spoke about an accidental pool drowning that sparked the interest of citizens Robert and Vanessa Copeland, who approached the city with a request for a water and safety program to help prevent these types of accidents in our city and surrounding cities. Ms. Loftice introduced Robert and Vanessa Copeland. The Copeland's spoke about the statistics of accidental drownings, their mission to educate and empower the community and strengthening the city's pool ordinance. The proposed ordinance change would require a pool safety video be viewed by the homeowner building the pool. Additionally homes with existing pools, renters or owners would be required to view the video. AA CITIZENS PRESENTATION Mr. Randy Word, 7605 Bridlewood Court, commented that he fully supports the city's action to improve water safety for children. Mr. Word expressed his concerns with the March 28, 2016 City Council invocation. Mr. John Quasnilschka, 7448 Sandhurst Lane South, commented that he concurred with the comments of Mr. Word. Mr. Quasnilschka also expressed his support of the upcoming Tex Rail location in North Richland Hills. Ms. Libba L. Murphy, 7541 Lola Drive, did not request to speak, but recorded her support of not having "In God We Trust" on public property. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA There were no items for this category. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED April 25, 2016 City Council Meeting Minutes Page 3 of 8 B.1 APPROVE MINUTES OF THE APRIL 11, 2016 REGULAR CITY COUNCIL MEETING. B.2 AUTHORIZE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TOWN OF DOUBLE OAK FOR THE PURCHASE OF GOODS AND SERVICES. B.3 REVISE THE FISCAL YEAR 2015-2016 AQUATIC PARK CAPITAL PROJECT BUDGET AND APPROVE CHANGE ORDER NO. 2 TO JC COMMERCIAL FOR THE NRH2O SLIDE TOWER RENOVATION PROJECT IN THE AMOUNT OF $88,394.46. B.4 APPROVE RENEWAL OF BID NO. 13-012 TO D.C.C., INC. AND VALLEY SOLVENTS & CHEMICALS FOR AQUATIC CHEMICALS IN AN AMOUNT NOT TO EXCEED $98,500.00. COUNCIL MEMBER LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCIL MEMBER TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0 C. PUBLIC HEARINGS C.1 ORDINANCE NO. 3404, PUBLIC HEARING AND CONSIDERATION OF ORDINANCE ADOPTING YOUTH PROGRAMS STANDARDS OF CARE APPROVED Mayor Trevino opened the public hearing and called on Park and Recreation Youth Programs Coordinator Ron Newman to present the item. Mr. Newman presented the item and was available to answer questions from Council. Council had no questions for staff. Mayor Trevino asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCIL MEMBER WRIGHT OUJESKY MOVED TO APPROVE ORDINANCE NO. 3404. MAYOR PRO TEM WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. D. PLANNING AND DEVELOPMENT There were no items for this category. E. PUBLIC WORKS April 25, 2016 City Council Meeting Minutes Page 4 of 8 There were no items for this category. F. GENERAL ITEMS F.1 CONSIDER ORDINANCE NO. 3405, ADOPTING THE 2014 NATIONAL ELECTRICAL CODE WITH LOCAL & REGIONAL AMENDMENTS INCLUDING POOL ALARMS. APPROVED Chief Building Official Dave Pendley presented item and was available to answer questions from council. COUNCIL MEMBER LOMBARD MOVED TO APPROVE ORDINANCE ISO. 3405. COUNCIL MEMBER WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0 F.2 CONSIDER REVISING THE FISCAL YEAR 2015-2016 CAPITAL PROJECT BUDGET AND AUTHORIZE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH DOUBLE D CONTRACTING FOR THE JOHN BARFIELD TRAILHEAD IN THE AMOUNT OF $118,800.00. APPROVED Assistant Director of Parks and Recreation Bill Thornton presented item and was available to answer questions from Council. Council had no questions for staff. COUNCIL MEMBER TURNAGE MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE A CONTRACT FOR CONSTRUCTION OF THE JOHN BARFIELD TRAILHEAD TO DOUBLE D CONTRACTING IN THE AMOUNT OF $118,800.00 AND REVISE THE FISCAL YEAR 2015-2016 CAPITAL PROJECT BUDGET. COUNCIL MEMBER LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0 F.3 CONSIDER AUTHORIZING CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH DUNKIN SIMS AND STOFFELS, INC. FOR THE NORTHFIELD PARK REDEVELOPMENT PROJECT IN THE AMOUNT OF $402,500.00. APPROVED Assistant Director of Parks and Recreation Bill Thornton presented item and was available to answer questions from Council. Council had no questions for staff. April 25, 2016 City Council Meeting Minutes Page 5 of 8 COUNCIL MEMBER RODRIGUEZ MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH DUNKIN SIMS STOFFELS, INC. FOR THE NORTHFIELD PARK REDEVELOPMENT PROJECT IN THE AMOUNT OF $402,500.00. COUNCIL MEMBER WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0 F.4 CONSIDER RESOLUTION 2016-017, SUPPORTING FORTH WORTH TRANSPORTATION AUTHORITY'S (FWTA) ACQUISITION OF PROPERTY FOR THE SMITHFIELD ROAD TEX RAIL COMMUTER PROJECT. APPROVED City Manager Mark Hindman presented item and advised that City Council is being asked to consider a resolution supporting the Fort Worth Transportation Authority's TEX Rail project. The city has been notified by The T that action is required by the City Council to permit The T to acquire property for the Smithfield station. The city has been made aware that timing is of the essence to ensure construction of the station is completed within the projected timeframe. City Council is being asked to consider and approve Resolution 2016-017. The resolution approves the Fort Worth Transportation Authority's acquisition through eminent domain, if necessary, of approximately 5.831 acres of land situated in the John H. Barlough survey, abstract number 130, City of North Richland Hills, Tarrant County, Texas; said tract being all of Lot 2-r, Block H, Smithfield Addition, an addition to the City of North Richland Hills, according to the plat recorded in Cabinet A, Page 2291 of the plat records of Tarrant County, Texas. Council had no questions for staff. COUNCIL MEMBER BARTH MOVED TO APPROVE RESOLUTION NO. 2016-017. COUNCIL MEMBER LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0 G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON THE WORK SESSION AGENDA Mayor Trevino announced that action is necessary as the result of discussion in Executive Session, specifically Section 551.072: Deliberate the purchase, exchange, lease or value of real property — (1) 7301 NE Loop 820 and (2) Southeast corner of Rufe Snow and NE Loop 820. Director of Economic Development Craig Hulse presented item to Council. Staff is recommending that Council authorize the city manager to negotiate and execute an earnest money contract for 7301 NE Loop 820 with Vue Realty Group, LLC. April 25, 2016 City Council Meeting Minutes Page 6 of 8 COUNCIL MEMBER WELCH MOVED TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN EARNEST MONEY CONTRACT FOR 7301 NE LOOP 820 WITH VUE REALTY, LLC. MAYOR PRO TEM WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. Director of Economic Development Craig Hulse presented item to Council. Staff is recommending that Council authorize the city manager to negotiate and execute an earnest money contracts for 6705 and 6721 La Rue Circle. COUNCIL MEMBER LOMBARD MOVED TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN EARNEST MONEY CONTRACTS FOR 6705 AND 6721 LA RUE CIRCLE. COUNCIL MEMBER RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Welch made the following announcements. The Sounds of Spring Concert Series continues every Friday night through May 20, 2016. This Friday, Chris Watson will perform starting at 7:00 p.m. on the NRH Centre Plaza. Admission and parking are free. There will be a variety of food trucks and activities for kids. Find more information online or by calling the NRH Centre. The NRH Animal Adoption & Rescue Center and the Texas Coalition for Animal Protection will host a Low Cost Pet Vaccination Clinic from 10:00 a.m. to noon on Saturday, April 30, 2016 at the center located at 7301 Iron Horse Boulevard. The clinic will offer rabies vaccinations for $5.00. For more information, please visit our website or call the Animal Adoption & Rescue Center. Tarrant County is hosting a Senior Expo for residents 50 years of age and better on Thursday, May 5, 2016 at the Will Rogers Coliseum. There will be free health screens and information from more than 100 exhibitors. To register and get more information, please call 817-884-1234. Kudos Korner— Ken Boyer of the Police Department—A citizen witnessed Officer Boyer helping a man in a motorized wheelchair near a busy intersection and posted his appreciation online. "I share this to show that police officers have great hearts and are kind," the citizen said. Officer Boyer's actions are a reflection of the compassion and dedication city employees have for our community. By the way, Officer Boyer was recently named Police Officer of the Year for 2015 by the NRH Police Department. April 25, 2016 City Council Meeting Minutes Page 7 of 8 I. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:07 p.m. Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary April 25, 2016 City Council Meeting Minutes Page 8 of 8 k4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 16, 2016 SUBJECT: Authorize payment to the City of Fort Worth for the annual radio system services infrastructure in the amount of$134,676. PRESENTER: Billy Owens, Emergency Management Coordinator SUMMARY: Consider authorization payment to the City of Fort Worth in the amount of$134,676 for the annual radio system services infrastructure. GENERAL DESCRIPTION: This item is for radio access fees for the operation of the North Richland Hills public safety radios on the City of Fort Worth radio system. The current rate is $29.00 per month, per subscriber radio, payable in advance on an annual basis for all active radio IDs issued to the user at the time of the annual billing. Current billing is for 387 radios at $348.00 per radio per year. The total cost for annual radio fees this year is $134,676. This is an approved line item in the FY2015-2016 budget, account number 001-8901- 532.34-30. RECOMMENDATION: To authorize payment to the City of Fort Worth in the amount of$134,676 for the annual radio system services infrastructure. CWB CITY OF FORT WORTH, REVENUE COLLECTIONS, FORT WORTH, TEXAS 76102-6311 ORIGINATING DEPT. : IT SOLUTIONS PHONE: 817-392-6640 DATE: 03/21/2016 CITY OF NORTH RICHLAND HILLS BILLY OWENS INVOICE NO. : 100756 7202 DICK FISHER DR NORTH NORTH RICHLAND HILLS TX 76180 CWB FOR: RADIO ACCESS FEES AMOUNT DUE: 134,676.00 FURTHER DESCRIPTION: FORT WORTH REGIONAL RADIO ACCESS FEES - 387 RADIOS * WE NOW ACCEPT "VISA" OR "MASTERCARD" FOR YOUR CONVENIENCE. i RETURN THIS PORTION WITH PAYMENT CWB GF-160 INVOICE NO. : 100756 DATE: 03/21/2016 ORIG DEPT: IT SOLUTIONS PHONE: 817-392-6640 FOR: RADIO ACCESS FEES CITY OF NORTH RICHLAND HILLS CREDIT CARD NUMBER: BILLY OWENS EXP DATE: 7202 DICK FISHER DR NORTH SIGNATURE: NORTH RICHLAND HILLS TX 76180 PAY THIS AMOUNT: $134,676.00 160000000001007560000000001346760000134676002 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 16, 2016 SUBJECT: SDP 2016-03, Ordinance No. 3410, Public Hearing and consideration of a request from Our County Homes for a Special Development Plan for Iron Horse Commons on 27.842 acres in the 6400 and 6500 blocks of Iron Horse Boulevard. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: Our Country Homes (OCH) Development is requesting approval of a Special Development Plan within the Iron Horse Transit Oriented Development Zoning District. The applicant proposes to develop three distinct phases at the northwest, northeast and southeast corners of Iron Horse Boulevard and Browning Drive. The purpose of this Special Development Plan is for the consideration of four waivers to the Transit Oriented Development (TOD) Code. GENERAL DESCRIPTION: A similar application for this property was denied by City Council on March 14, 2016. The applicant has revised their development plan in response to the comments made by City Council. IRON HORSE COMMONS DEVELOPMENT SUMMARY: The proposed Iron Horse Commons is divided into three tracts. The following summarizes the development by each tract. Tract 1 — Northwest Corner of Iron Horse & Browning • 70 — 25'x90' Town home Lots • 15 — 25'x90' Live/Work Units o A live/work unit is a dwelling unit that is also used for work purposes, provided that the `work' component is restricted to the uses of professional office, artist's workshop, studio, or other similar uses and is located on the street level. The `live' component may be located on the street level behind the work component, or on any other level of the building. o Approximately 15,000 square feet of commercial "work" area is provided through the live/work units (13% of the total first floor building area of Tract 1). r4RH NORTH RICHLAND HILLS • Direct access to the Cotton Belt Trail • Parallel on-street parking along Iron Horse Blvd townhome units and angled on-street parking along live/work units. • A 0.30-acre open space park adjacent to the Cotton Belt Trail featuring public art. Tract 2— Northeast Corner of Iron Horse & Browning • 21 — 40'x100' Single Family Residential Lots • 23 — 30'x95' Townhome Lots • 27 — Option of 30'x95' Townhome Lots or 30'x95' Cottage Lots • A 0.63-acre open space park featuring public art • Parallel on-street parking along Iron Horse Boulevard • Approximately 22,400 square feet of existing or future commercial at the hard corner of Iron Horse & Browning (14% of the approximate first floor area of Phase 2) Tract 3— Southeast Corner of Iron Horse & Browning • 3-story residential apartment building requested by SDP to face Browning • 3-story mixed use and/or shopfront commercial buildings along Iron Horse • To conform to mixed-use criteria • Approximately 0.67-acres of publicly accessible open space area City Council's primary concern with the previous plan was the lack of commercial uses and the requests for modifications to the mixed-use criteria of the TOD Code. The new application addresses this and differs from the previous application in the following areas: 1. Fifteen (15) townhome units along Iron Horse in Tract 1 were converted to live/work units to provide a commercial presence on the northwest side of the development. 2. No changes were made to Tract 2 to address Council's concerns for commercial uses. However, the applicant has demonstrated the feasibility of 22,400 square feet of future commercial uses to develop on property adjacent to Tract 2. 3. The applicant requests special approval for 27 lots to be developed as detached townhomes in Tract 2 if the market shows interest in this product in this location. Their "Texas Townhome" would be a 25-foot wide home on a 30-foot wide lot. The minimum lot width for a detached single-family residential home in the TOD is 40 feet; therefore, approval of this option through the Special Development Plan is required. k4RH NORTH RICHLAND HILLS 4. Tract 3 is completely different from the original proposal. The applicant proposes 3-story mixed-use buildings along Iron Horse Boulevard, with two stories of multi-family residential above a first floor of flex/commercial space that will meet the mixed-use criteria of the district. They have requested special approval of a 3-story apartment building along the Browning Drive frontage. The below exhibit shows the original plan (left) and the revised plan (right) for comparison purposes. k n, ° Tint }: Tract 3 Original Plan Tract 3 Revised Plan MIXED USE CRITERIA: The table below demonstrates how the applicant proposes to comply with the Mixed Use Criteria cumulatively across all three tracts of the development. As they intend to comply with the TOD requirements, this information is for demonstrative purposes only and is not part of the Special Development Plan. Approximate First Floor Area Uses— Iron Horse Commons Tract 1 84,000 SF (72%) 19,500 SF (17%) 12,700 SF (11%) Tract 2 112,000 SF (69%) 22,400 SF (14%) 27,358 SF (17%) Tract 3 43,200 SF (33%) 58,740 SF (45%) 29,200 SF (22%) Total Use 239,200 SF (58%) 100,640 SF (25%) ! 69,258 SF (17%) COMPREHENSIVE PLAN & CURRENT ZONING: This area is designated on the Comprehensive Land Use Plan and is currently zoned as "Transit Oriented Development." The purpose of the Transit Oriented Development Code is to support the development of the community's station areas into pedestrian-oriented, mixed-use urban neighborhoods, with convenient access to rail transit, shopping, employment, housing, and neighborhood retail services. The goal of each station area is to encourage an efficient, compact land use pattern; encourage pedestrian activity; reduce the reliance on private automobiles; promote a more functional and attractive community through the use of recognized principles of urban design; and allow property owners flexibility in land use, while prescribing a high level of detail in building design and form. k4RH NORTH RICHLAND HILLS The Character Zone (i.e. subzone) that the majority of the land is located is the "General Mixed Use" Character Zone, which permits single-family townhomes, single-family detached homes, and live/work units by right. SURROUNDING ZONING ( LAND USE: North: 1-2 Industrial Transit Oriented Development West: 1-2 Industrial Transit Oriented Development South: R-7-MF & TOD I Transit Oriented Development East: 1-2 Industrial I Transit Oriented Development PLAT STATUS: A Preliminary Plat is anticipated to be considered by the Planning and Zoning Commission on May 19, 2016, if this application receives approval from City Council. Proposed Phase 1 (northwest corner of Browning & Iron Horse) is currently platted as Lot 2A, Block 2, Industrial Park Addition. Phases 2 and 3 at the northeast and southeast corners are unplatted and described tracts within the Edmund King Survey, Abstract No. 892. SPECIAL DEVELOPMENT PLAN: The applicant is requesting a Special Development Plan for consideration of five waivers to the Transit Oriented Development Code. The Special Development Plan process is intended to allow applicants development flexibility to address specific market opportunities and/or contexts within the Transit Oriented Development District. In evaluating a Special Development Plan, the Planning and Zoning Commission and City Council must consider the extent to which the application meets the following: • the goals and intent of transit oriented development in the city; • provides an alternative "master plan" approach by consolidating multiple properties to create a predictable, market responsive development for the area; • fits the adjoining context by providing appropriate transitions; • provides public benefits such as usable civic and open spaces, livable streets, structured and shared parking, and linkages to transit; and, • does not hinder future opportunities for higher intensity transit oriented development. TOD WAIVERS REQUESTED: The following waivers to the TOD Code have been requested by the applicant or identified by staff as part of this Special Development Plan. 1. Open Space Distribution. The Regulating Plan for the Iron Horse TOD identifies a 2.5-acre "Proposed New Civic/Open Space" area at the southwest corner of Browning Drive & Hilltop Drive. Rather than providing a centralized park area, the applicant is proposing to disperse smaller open space areas throughout all three tracts of the 27-acre development. Five percent (5%) open space is the minimum requirement within the TOD, which the proposed development plan far exceeds. The TOD Code states "Open Spaces should be r4RH NORTH RICHLAND HILLS designed to be prominently featured, visible, and accessible from the public right of way, and add value to the neighborhood." The Development Review Committee deferred approval of the open space distribution in lieu of a more centralized open space area as defined by the Regulating Plan. 2. Iron Horse On-Street Parking. The TOD Code designates Iron Horse Boulevard through most of this proposed development as a "TOD Boulevard." The TOD Boulevard cross section, as currently planned, does not include on- street parking. On-street parking is proposed in order to create a safe buffer between pedestrians and the moving traffic on Iron Horse and to provide easy- access parking for townhome and live/work unit residents and visitors. The City hired Kimley-Horn & Associates to develop an Iron Horse Boulevard Corridor Plan that would help identify the preferred cross section for Iron Horse through the TOD area. It is anticipated that one of the resulting recommendations will be for on-street parking along this stretch of Iron Horse Boulevard. 3. Tracts 1 & 2 Reduction of Fagade Openings. The TOD Code requires all new residential buildings within the TOD to have windows or doors covering no less than 30% of all street facing facades. The applicant has requested a reduction to 20% on all side-street facing facades but has agreed to increase the minimum openings to 35% on all front-facing facades. 4. Tract 3 Apartment Building along Browning. In response to City Council's comments, the applicant has provided 3-story mixed-use buildings along Iron Horse that will accommodate the minimum percentage of commercial uses required by the TOD for this district. They are requesting approval to allow a 3- story apartment building (no first floor commercial standards) along Browning Drive on Tract 3. 5. Tract 2 Cottage Lot Option. As previously mentioned 27 lots internal to Tract 2 are 30-feet wide by 95-feet deep. Single-family attached townhomes are shown as o the primary option and are a permitted building type in this area of the TOD. The applicant is requesting approval to allow these lots - at the same quantity and dimensions - , the option to develop as single-family detached homes. This would be a 25-foot wide house on a 30-foot wide lot. " The purpose is to allow a diverse product mix and a „� transition from the single-family detached lots on the east side of Tract 2 to the townhomes along Iron Horse. PLANNING AND ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their May 5, 2016 meeting and voted 6-0 to recommend approval. k4RH NORTH RICHLAND HILLS RECOMMENDATION: To approve Ordinance No. 3410, case SDP 2016-03. ( ei Ali✓, r, 4 �����I� I,��i a Browning Dr � N I�IRH SDP 2016-01 Iron Horse Commons Phases 1 -3 6400 & 6500 blk Iron Horse Blvd Feet Prepared by Planning 02/18/16 0 100200 400 600 800 HL.. o NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS .: ..:W PLANNING AND ZONING COMMISSION r x AND CITY COUNCIL Case Number: SDP 2016-03 Applicant: Our Country Homes Location: 6400 and 6500 blocks of Iron Horse Boulevard 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 and consideration of a request from Our Country Homes for a Special Development Plan for Iron Horse Commons on 27.842 acres in the 6400 and 6500 blocks of Iron Horse Boulevard. Public Hearing Schedule: Public Hearing Date: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, MAY 5, 2016 Meeting Location: CITY COUNCIL CHAMBERS — OLD CITY HALL 7301 NE LOOP 820 NORTH RICHLAND HILLS, TEXAS Public Hearing Date: CITY COUNCIL 7:00 PM MONDAY, MAY 16, 2016 Meeting Location: CITY COUNCIL CHAMBERS — NEW CITY HALL 4301 CITY POINT DRIVE 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 REGIONAL RAIL ROW CO PROPROP LLC NRH INDUSTRIAL PRTNS LTD Attention:ATTN: DALLAS AREA RAPID 204 MILL XING 511 E JOHN CARPENTER FWY#550 TRANSI COLLEYVILLE TX 76034 IRVING TX 75062-8156 PO BOX 660163 DALLAS TX 75266-0163 COMPANY TWO LLC CHESAPEAKE LAND DEV CO LLC RFI HILLTOP LLC 8411 PRESTON RD STE 711 6100 N WESTERN AVE 5221 N O CONNOR BLVD STE 600 DALLAS TX 75225-5519 OKLAHOMA CITY OK 73118-1044 IRVING TX 75039-4414 VOLLINTINE CARY VOLLINTINE CARY DRUM PROPERTY COMPANY LTD Attention:ATTN VOLLINTINE LAND& Attention:VOLLINTINE L&C STE 100 PO BOX 550368 CATTLE 2401 NW BOCA BLVD DALLAS TX 75355-0368 2401 NW BOCA BLVD STE 100 BOCA RATON FL 33431-6632 BOCA RATON FL 33431-6632 SIXTEEN SAC SELF-STORAGE CORP AMERCO REAL EST CO OF TX INC RADER PARTNERS 1250 E MISSOURI AVE PO BOX 29046 Attention: PRIME RAIL INTERESTS INC PHOENIX AZ 85014-2912 PHOENIX AZ 85038-9046 PO BOX 249 COLLEYVILLE TX 76034 J &K BOWERS LLC ABERFELDY PROPERTIES INC PS TEXAS HOLDINGS LTD PO BOX 161758 PO BOX 1287 PO BOX 25025 FORT WORTH TX 76161-1758 NORTHBROOK IL 60065 GLENDALE CA 91221-5025 EC BROWNING LTD AG/IRG NORTH RICHLAND HILL LLC UB 11 FITZ LLC 3825 CAMP BOWIE BLVD Attention: C/O QUADRELLE REALTY 9450 W BRYN MAWR AVE STE 750 FORT WORTH TX 76107-335 1 WEST AVE ROSEMONT IL 60018 LARCHMONT NY 10538-2470 GROVES IRVING M III INTOWN SUITES 3721 BINKLEY AVE 2727 PACE FY RD SE# 111200 DALLAS TX 75205-2137 ATLANTA GA 30339-4053 ORDINANCE NO. 3410 SDP 2016-03 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY APPROVING A SPECIAL DEVELOPMENT PLAN WITHIN THE TRANSIT ORIENTED DISTRICT FOR IRON HORSE COMMONS ON APPROXIMATELY 27.842 ACRES IN THE 6400 AND 6500 BLOCKS OF IRON HORSE BOULEVARD; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the Comprehensive Plan and the Zoning Ordinance of the City Of North Richland Hills require a Special Development Plan (SDP) within the Iron Horse Transit Oriented Development Zoning District; and WHEREAS, the owner of the property located in the 6400 and 6500 blocks of Iron Horse Boulevard has filed an application for an SDP; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within two hundred (200) feet of the property herein described at least ten (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 fifteen (15) days before such hearing; and WHEREAS, public hearings concerning the request from OCH Development, L.L.C., for a SDP were held before both the Planning and Zoning Commission and the City Council; and Ordinance 3410 SDP 2016-03 Page 1 of 3 WHEREAS, the Planning and Zoning Commission made a recommendation concerning the SDP, which includes specific waivers to the Transit Oriented Development Code (TOD); and WHEREAS, the City Council finds that the SDP and waivers to the TOD are made in accordance with the Comprehensive Plan and Zoning Ordinance of the City of North Richland Hills for the purposes provided in Texas Local Government Code Ch. 211; and WHEREAS, the City Council has evaluated the SDP in accordance with the TOD and is of the opinion that the SDP herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and promotes the health and general welfare 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 recitals above are true and correct and made a part of this Ordinance for the purposes provided herein. Section 2: That the Comprehensive Plan and the Zoning Ordinance of the City of North Richland Hills are hereby amended by approving the request for a Special Development Plan, including specific waivers to the Transit Oriented Development Code, for Iron Horse Commons on approximately 27.842 acres in the 6400 and 6500 blocks of Iron Horse Boulevard as described in Exhibit A and Exhibit B, which are attached hereto. Section 3: Any person, firm or corporation violating any provision of the Zoning Ordinance of the City of North Richland Hills and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($27000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 4: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 5: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. Ordinance 3410 SDP 2016-03 Page 2 of 3 PASSED AND APPROVED on the 16th day of May, 2016. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to form and legality: Cara Leahy White, Assistant City Attorney Approved as to content: Clayton Comstock, Planning Manager Ordinance 3410 SDP 2016-03 Page 3 of 3 PROPERTY DESCRIPTION . II .iase ¢ . q STATE OF TEXAS: COUNTY OF TARRANT. BEING a tract of land situated in the Edmund McDavid King Survey, Abstract No. 892, City of North Richland Hills, Tarrant County, Texas, being a portion of Lot 2, Block 2 of the plat showing Industrial Park, Second Filing, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Volume 38B-137, Page 54, Plat Records, Tarrant County, Texas (PRTCT), and being Tract 2 as described in Special Warranty Deed to AG/IRG North Richland Hills, L.L.C„ recorded in D2072621i7, Deed Records, Tarrant County, Texas (DRTCT), and being more particularly described as follows: BEGINNING at a 1/2" rebar capped Goodwin & Marshall set at the most westerly right-of-way clip corner of the intersection of the northeasterly right-of-way line of Browning Drive (called 60' R.O.W. per Volume 388-137, Page 54, PRTCT) and the northwesterly right-of-way line of Iron Horse Boulevard (formerly Industrial Park Drive R.O.W. per Volume 388-137, Page 54, PRTCT), said clip corner per Permanent Street Right-Of-Way, recorded in Di95090948, DRTCT), from which a cut X in concrete found at the most southerly corner of said Lot 2, Block 2 as platted bears S 39°20'12" E. 15.00 feet; THENCE N 39°20'12" W. along the northeasterly right-of-way line of said Browning Drive and the southwesterly line of said Lot 2, Block 2, a distance of 385.00 feet (deed 384.93 feet) to 3/4" rebar found at the intersection with the Southeasterly line of a tract of land as described in deed to Dallas Area Rapid Transit, recorded in D203392851, DRTCT (formerly know as the St. Louis & Southwestern Railroad, formerly the St. Louis, Arkansas & Texas Railroad called 100 foot R-O-W, recorded in Volume 54, Page 614, DRTCT), being the most westerly corner of said Lot 2, Block 2, from which a 1/2" rebar found bears N 38°54'29" W, 99.44 feet (called 100 feet); THENCE Northeasterly, departing the northeasterly line of said Browning Drive, along the southerly line of said Dallas Area Rapid Transit tract, the northwesterly line of said Lot 2, Block 2, and a non-tangent curve to the left, having a radius point that bears N 39°18'22" W, 5462.60 feet, a central angle of 06°20'05", an arc distance of 603.97 feet (plat 603.82 feet, deed 604.15 feet), and a chord which bears N 47°31'36" E, 603.66 feet to a point for corner at the end of said curve being 50 feet from which the center of said railroad, from which a 1/2" rebar found bears N 45-38-27" W, 0.47 feet, and a 5/8" rebar found bears N 45'22'00" W, 99.31 feet (called 100 feetr THENCE N 44°21'33" E. tangent to said curve. along the southerly line of said Dallas Area Rapid Transit tract and the northwesterly line of said Lot 2, Block 2, a distance of 278.75 feet (plat 278.81 feet, deed 278.48 feet) to a point for corner at the most northerly corner of said Lot 2, Block 2 and the most westerly corner of Lot 1, Block 2 of Industrial Park Addition, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Volume 388- 109, Page 36, DRTCT being 50 feet from the center of said railroad, from which a 5/8" rebar capped (illegible) found bears N 45°38'27" W. 029 feet and a 5/8" rebar capped MSI found at the most northerly corner of said Lot i, Block 2 bears N 44°21'33" E, 897.78 feet (deed 897.79 feetk THENCE S 45°38'27" E, departing the southeasterly line of said Dallas Area Rapid Transit tract, along the line common to said Lot 2, Block 2 and said Lot 1, Block 2, a distance of 400.00 feet (plats 400.00 feet & 399.87 feet, deeds 40021 feet) to a 5/8" rebar capped MSI RPLS 4224 found in the northwesterly right-of-way line of aforementioned Iron Horse Boulevard (called 80' R.O.W.), from which a 1/2" rebar found bears S 55°22' W. 0.2 feet, a 1/2" rebar found bears S 59'59' E, 0.2 feet, and a cut X in concrete found at the most easterly corner of said Lot 1, Block 2 bears N 44°21'33" E. 907.85 feet (plat 907.60 feet, deed 907.70 feet); THENCE S 44°21'33" W. along the northwesterly right-of-way line of said Iron Horse Boulevard and the southeasterly line of said Lot 2, Block 2, a distance of 278.75 feet (plat 278.71 feet, deed 278.83 feet) to a 5/8" rebar found at the beginning of a tangent curve to the right, having a radius of 5862.60 feet; THENCE Southwesterly, along the northwesterly right-of-way line of said Iron Horse Boulevard, the southeasterly line of said Lot 2. Block 2, and said curve having a central angle of 06°11'10", an arc distance of 632.98 feet (deed 632.94 feet), and a chord that bears S 47°27'08" W. 632.67 feet to a 1/2" rebar capped Goodwin & Marshall set at the most easterly right-of-way clip corner of the intersection of the northwesterly line of said Iron Horse Boulevard and the northeasterly line of aforementioned Browning Drive; THENCE N 84°21'33" W. along said right-of-way clip corner, a distance of 2120 feet (R.O.W. deed 2120 feet, deed 21.21 feet) to the POINT OF BEGINNING and containing 8.305 acres of land. NOTE Bearings are referenced to City of North Richland Hills Geodetic Control Stations GPS-35 & GPS-36. PROPERTY DESCRIPTION III���iaso CE STATE OF TEXAS: COUNTY OF TARRANT: BEING a tract of land situated in the Edmund McDavid King Survey, Abstract No. 892, City of North Richland Hills, Tarrant County, Texas, being a portion of that tract of land as described in deed to Rader Partners, recorded in Volume 10922, Page 1816, Deed Records, Tarrant County, Texas, being a portion of Lot 9, Block 4, Industrial Park Addition, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Cabinet B. Slide 3087, Plat Records, Tarrant County, Texas (PRTCT), being a portion of that tract of land as described in deed to ProProp LLC, recorded in 0214220425, Deed Records, Tarrant County, Texas (DRTCT), and being more particularly described as follows: BEGINNING at a 112" rebar capped found at a clip corner of the intersection of the southeasterly right-of-way line of Iron Horse Boulevard (formerly Industrial Park Boulevard - called 80' R.O.W. per Volume 388-109, Page 36, PRTCT) and the southerly right-of-way line of Eagle Crest Drive (per Cabinet A, Slide 3580, PRTCT), said point lying in the northwesterly line of said Rader tract; THENCE N 89-33-38" E, departing the southeasterly line of said Iron Horse Boulevard, along a right-of-way clip ine of the southerly line of said Eagle Crest Drive, a distance of 2126 feet (Plat 21.21 feet) a 1/2" rebar capped Landes Assoc found at a clip corner: THENCE along the southerly line of said Eagle Crest Drive (called 60' R.O.W. per Cabinet A, Slide 3580, PRTCT), as follows: S 46°27'10" E, a distance of 6.39 feet (plat 6.47 feet) to a 1/2" rebar capped Landes Assoc found at the beginning of a non-tangent curve to the left, having a radius point that bears N 44-26'42" E, 430.00 feet; Southeasterly, along said curve, having a central angle of 36*5927", an arc distance of 277.61 feet (plat remainder 277.57 feet), and a chord that bears S 64°03'02" E, 272.82 feet to a 1/2" rebar capped Landes Assoc found at the northwest comer of the final plat of Lot 7R Block 4, Industrial Park Addition, an addition to the City of North Richland Hills, Tarrant County. Texas as recorded in Cabinet A, Slide 6158, PRTCT, from which a 5/6" rebar found bears N 68* E, 0.1 feet; THENCE S 00°22'03" W, departing the south line of said Eagle Crest Drive, non-tangent to said curve, along the west line of said Lot 7R, Block 4, a distance of 455.72 feet (plat 455.89 feet) to a point for corner in the north line of Lot iR Block 4 of Industrial Park Addition, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Volume 388-164, Page 35. PRTCT, from which a cut X in concrete found bears S 00*22' W, 0.2 feet; THENCE N B9'38'33" W, departing the west line of said Lot 7R, Block 4, at a distance of 179.10 feet passing a 1/2" rebar found, continuing a total distance of 414.37 feet (plats 414.25 feet) to a 1/2" rebar capped found at the northwest corner of Lot 5, Block 4, Industrial Park Addition, an addition to the City of North Richland Hills. Tarrant County, Texas as recorded in Cabinet A. Slide 2011, PRTCT, THENCE S 00°21'27" W, along the west line of said Lot 5, Block 4, a distance of 400.00 feet to a PK nail with washer stamped Dunaway found in the north right-of-way line of Browning Drive (called 60' R.O.W. per Volume 388-150, Page 7, PRTCT) at the southwest corner of said Lot 5, Block 4, from which a cut X in concrete found at the southeast corner of said Lot 5, Block 4 bears S 89°38'33" E, 235.01 feet (plat 235.00 feetk THENCE N 89°38'33" W, along the north right-of-way line of said Browning Drive and the south line of said Rader tract, at a distance of 281.69 feet (plat Cabinet B, Slide 3087, PRTCT 282.00 feet, deed remainder 281.93 feet, plat remainder 28123 feet) passing a cut X in concrete found at the southwest corner of a remainder portion of said Rader tract and the southeast comer of said Lot R Block 4, Industrial Park Addition, continuing a total distance of 323.24 feet to the southwest corner of the herein described tract of land, from which a cut X in concrete found bears N B9°38'33" W, 77.81 feet: THENCE departing the north line of said Browning Drive, across said Lot 9, Block 4, as follows: N 00°21'27" E. a distance of 202.98 feet to the beginning of a tangent curve to the right, having a radius of 335.00 feet: Northeasterly, along said curve, having a central angle of 10*40'19", an arc distance of 62.40 feet, and a chord that bears N 05°41'37" E, 62.31 feet to the beginning of a reverse curve to left, having a radius of 30.00 feet; Northwesterly, along said curve, having a central angle of 55*09'55", an arc distance of 28.88 feet, and a chord that bears N 16°33'11" W. 27.78 feet to the end of said curve: N 44°08'08" W, tangent to said curve, a distance of 147.98 feet to point in the southeasterly right-of-way line of said Iron Horse Boulevard (called 80 foot right-of-way per Volume 388-137, Page 54, PRTCT) and the northwesterly line of said Lot 9, Block 4; THENCE along the southeasterly right-of-way line of said Iron Horse Boulevard (called 80' R.O.W. per Volume 38B-137, Page 54 & Volume 3B8-109, Page 36, PRTCT), as follows: Northeasterly, along a non-tangent curve to the left, having a radius point that bears N 42-46-26" W, 5942.60 feet, at an arc distance of 4.31 feet passing a 1/2" rebar capped Landes Assoc found at the northwest corner of said Lot 9, Block 4 and the most westerly corner of a remainder portion of said Rader tract, continuing in all along said curve having a central angle of 02°48'22", an arc distance of 291.05 feet, and a chord that bears N 45-49-22" E, 291.02 feet to a 1/2" rebar found at the end of said curve, N 44°25'11" F_ tangent to said curve, a distance of 523.79 feet (deed remainder 523.81 feet) to the POINT OF BEGINNING and containing 9.979 acres of land. NOTE: Bearings are referenced to City of North Richland Hills Geodetic Control Stations GPS-35 & GPS- 36. PROPERTY DESCRIPTION [I'Iase �171 E STATE OF TEXAS: COUNTY OF TARRANT: BEING a tract of land situated in the Edmund McDavid King Survey, Abstract No. 892, City of North Richland Hills, Tarrant County, Texas, being a tract of land as described in deed to Drum Property Company, Ltd., recorded in D202154496, Deed Records, Tarrant County, Texas (DRTCT) and a tract of land as described in deed to Chesapeake Land Development Company, L.L.C., recorded in D209053894, DRTCT, and being more particularly described as follows: BEGINNING at a 1/2" rebar capped Goodwin & Marshall set at the intersection of the west right-of-way line of Hilltop Drive (called 50' R.O.W. per Volume 388-179, Page 30, Plat Records, Tarrant County, Texas) and the south right-of-way line of Browning Drive (called 60' R.O.W. per Volume 388-150, Page 7. Plat Records, Tarrant County, Texas), being the northeast corner of said Drum tract, from which a 1/2" rebar found at the southeast corner of said intersection bears S 89°38'33" E. 50.00 feet; THENCE S 00°3322" E, along the west right-of-way line of said Hilltop Drive and the east line of said Drum tract, a distance of 301.00 feet (plat 301.01 feet, deed 301.03 feet) to a 112" rebar found at the southeast corner of said Drum tract and the northeast corner of Lot 3, Block 3 of the final plat of Lots i thru 3, Block 3, Tapp Addition, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Volume 388-179, Page 30, Plat Records, Tarrant County, Texas: THENCE N 89°44'54" W, departing the west line of said Hilltop Drive, along the south line of said Drum tract and the north line of said Lot 3, Block 3, at a distance of 289.77 feet (deed 290.11 feet) passing a 1/2" rebar found at the southwest corner of said Drum tract and most easterly southeast corner of said Chesapeake tract, continuing a total distance of 629.11 feet (plat & deeds 629.32 feet) to a 1/2" rebar found at a reentrant corner of said Chesapeake tract and the northwest corner of said Lot 3, Block 3, from which a 5/8" rebar found bears N 30°23' W, 1.1 feet: THENCE S 00°22'50" E. along a reentrant line of said Chesapeake tract and the west line of said Lot 3. Block 3, a distance of 242.92 feet (plat & deed 243.00 feet) to a cut X found in a wall at the most southerly southeast corner of said Chesapeake tract and the southwest corner of said Lot 3. Block 3, said point lying in the north line of Lot i, Block 2, The Tapp Addition, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Cabinet A. Slide 1844. Plat Records, Tarrant County. Texas), from which a 1/2" rebar found at the southeast corner of said Lot 3, Block 3 bears N 89°50'44" E. 641.82 feet (plat 641.74 feetr THENCE S 89°50'44" W. along the south line of said Chesapeake tract and the north line of said Lot 1. Block 2, a distance of 193.84 feet (deed 193.76 feet) to a 5/8" rebar capped Dunaway found; THENCE N 85°32'55" W (plat N 84'54'44" W, deed N 85'3219" W), along the south line of said Chesapeake tract and the north line of said Lot 1. Block 2, a distance of 131.21 feet (plat & deed 131.24 feet) to a 5/8" rebar capped Dunaway found: THENCE N 29°38'02" W (plat N 29°12'56" W. deed N 29°37'26" W), along the southwesterly line of said Chesapeake tract, a distance of 300.90 feet (plat 299.04 feet, deed 300.90 feet) to a 112" rebar capped Goodwin & Marshall set in the southeasterly right-of-way line of Iron Horse Boulevard (formerly Industrial Boulevard, adjoining R.O.W. per Volume 388-159, Page 78, Plat Records, Tarrant County, Texas) at the most westerly corner of said Chesapeake tract; THENCE N 51°17'50" E, along the southeasterly right-of-way line of said Iron Horse Boulevard and the northwesterly line of said Chesapeake tract, a distance of 705.33 feet (deed 705.05 feet) to a disturbed 1/2" rebar found at the most westerly right-of-way clip comer of the intersection of the southeasterly right-of-way line of said Iron Horse Boulevard and the southwesterly right- of-way line of aforementioned Browning Drive, said clip corner per Permanent Street Right-Of- Way, recorded in D195103325, DRTCT; THENCE S 83°50'00" E, along said right-of-way clip line a distance of 21.30 feet (R.O.W. deed 21.33 feet, deed 21.40 feet) to a 5/8" rebar capped Dunaway found at the most easterly right-of- way clip corner of the intersection of the southwesterly right-of-way line of said Browning Drive and the southeasterly right-of-way line of Iron Horse Boulevard, being the most northerly northeast corner of said Chesapeake tract: THENCE along the southwesterly right-of-way line of said Browning Drive, as follows: S 40°26'50" E, a distance of 13.33 feet (R.O.W. deed 12.85 feet, deed 15.5E feet) to a 1/2" rebar capped Goodwin & Marshall set at the beginning of a non-tangent curve to the left, having a radius point that bears N 50°40'27" E, 430.00 feet (plat 430.00 feet, deed 429.63 feet), from which a 112" rebar found bears S 41'53' E. 2.4 feet, and a cut X in concrete found at a point of curve in the northeasterly right-of-way line of said Browning Drive bears N 50°40'27" E, 60 feet; Southeasterly, along said curve, at an arc distance of 279.02 feet (deed 276.65 feet) passing a 112" rebar capped Precise found at the most easterly northeast corner of said Chesapeake tract and the northwest corner of said Drum tract, continuing in all along said curve having a central angle of 5019'00", an arc distance of 377.62 feet (plat 377.56 feet), and a chord that bears S 64°29'03" E. 365.60 feet to a 1/2" rebar capped Goodwin & Marshall set at the end of said curve, from which a cut X in concrete found at a point of curve in the north right-of-way line of said Browning Drive bears N 00°21'27" E. 60 feet: S 89°38'33" E. tangent to said curve, a distance of 187.80 feet (deed 188.60 feet) to the POINT OF BEGINNING and containing 9.558 acres of land. 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I^ r d Live/Work units 3-story m ultifam ily a partment 3-story mixed use building Excerpt from the May 5, 2016 Planning & Zoning Commission Meeting Minutes D.2 SDP 2016-03 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM OUR COUNTRY HOMES FOR A SPECIAL DEVELOPMENT PLAN FOR IRON HORSE COMMONS ON 27.842 ACRES IN THE 6400 AND 6500 BLOCKS OF IRON HORSE BOULEVARD. APPROVED Planning Manager Clayton Comstock introduced the special development plan request stating that this is the same subject area that was previously presented to the Commission and to City Council. Following the denial by City Council in March, the applicant made revisions to the request in order to address some of the concerns from the City Council. The applicant is now requesting five waivers associated with this project. John Pitstick representing Our Country Homes, 700 W. Harwood Road, Hurst, stated that his company wants to meet the TOD ordinance and the desires of the community with this request. They have made several changes to the proposed development including six building types instead of four originally. These include twnhomes, Texas Townhomes, detached homes, and live/work units on Tracts One and Two. As a result of recommendations from City Council, Tract Three now contains three story mixed-use buildings and a three story apartment building. Mr. Pitstick stated that all buildings now face the streets in this proposed development. He discussed the flexible first floor residential units in detail and described how they can convert back and forth from residential to commercial depending on market demand. Chairman Randy Shiflet asked if the flex units are similar to what is on Walker and Parker Boulevards in HomeTown. Mr. Pitstick answered yes, they are commercially constructed buildings but there was not a demand at that point for commercial occupancy. We are asking for only a portion of our buildings to be converted. Commissioner Steven Cooper asked if there are currently any live/work units in North Richland Hills. Mr. Pitstick answered no sir. Commissioner Cooper asked which communities nearby have those types of units. Mr. Pitstick replied that many cities in the area are moving this direction including Plano, Frisco, and Flower Mound. This is not a sub-lease situation; you live and work in the same building. He stated that they will market these units to be platted and sold individually and the city would issue a certificate of occupancy for the commercial portion. The proposal is for fifteen live/work units. Chairman Shiflet asked if these units could be deed restricted. Mr. Pitstick answered yes. Commissioner Cooper asked what controls the requirement to live and work in those units. Mr. Pitstick answered that these will be individually platted and the mortgage would take care of sub-leasing concerns. Mr. Pitstick discussed the requested variances including open space, on-street parking on Iron Horse Boulevard, permitted building types, reduction of facade openings, and the Texas Townhome cottage option. Chairman Shiflet opened the Public Hearing for SDP 2016-03 at 8:09 p.m. Planning Manager Comstock summarized the special development plan request and covered the variance requests in detail. Chairman Shiflet called for anyone wishing to speak, seeing no one, he closed the Public Hearing for SDP 2016-03 at 8:13 p.m. and entertained a motion on the request. STEVEN COOPER MOVED TO, APPROVE S'DP 016-03 BULL SCHOPPER SECONDED THE 11NOPON, Chairman Shiflet commented that this proposal is similar to the popular West 7t" area in Fort Worth. He would like to see the same thing happen here. MOTION TO.APPROVE CARRIED 6-0,, k4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 16, 2016 SUBJECT: SUP 2015-06, Ordinance No. 3409, Public Hearing and consideration of a request from Marvin Smith for a Special Use Permit for a Detention Pond on the proposed Smith Farm Addition site located at 7601 Douglas Lane. PRESENTER: Clayton Husband, Principal Planner SUMMARY: Marvin Smith is requesting a Special Use Permit (SUP) for a detention pond associated with the development of a single-family residential subdivision. The property is 8.00 acres in size and located at the west side of Douglas Lane north of Starnes Road. 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. Detention Pond City codes allow for detention ponds if the proposed development is discharging stormwater into a developed downstream system that does not have the capacity to handle the runoff. During the evaluation of the site and the existing conditions of the area, the applicant concluded that a detention pond would be necessary to accommodate development of the site. Stormwater from the development enters the detention area through two curb inlets in Smith Farm Drive and a private storm drain pipe that runs along the rear property lines of the lots on the west side of the development. The water exits the detention area through a concrete flume outfall structure that connects to Lincoln Drive, and then enters an underground system on Spring Lea Way. The detention area includes a concrete pilot channel at the bottom of the slope and is surrounded by an 18-inch tall landscape wall at the top of the slope. A four-foot tall iron fence is provided along the sidewalk near the outfall structure for aesthetic and safety purposes. The depth of the detention area is seven feet below the grade of the sidewalk in the open space. r4RH NORTH RICHLAND HILLS The system is designed to detain stormwater and allow it to drain from the site at the same rate as the undeveloped conditions. It is not designed to retain water to create a decorative pond. The detention pond design complies with all design standards. Landscaping Zoning standards require that all detention ponds be landscaped. A landscape plan for the open space area was reviewed by the Development Review Committee (DRC), and a copy is included with the SUP application. In addition to the detention area, the open space lot includes 5-foot wide sidewalk that meanders through the space and provides a connection to Lincoln Drive to the south. There are a number of existing trees in the open space area. Additional trees to be planted around the pond area and within the open space lot include bald cypress, live oak, crape myrtle, and rough leaf dogwood. These trees would be placed on the side slopes of the detention area and along the sidewalks. Landscaping is also provided around the outfall structure adjacent to Lincoln Drive, and plantings include Texas sage, dwarf crape myrtle, and maiden grass. A copy of the landscape plan is attached. 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 applies 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. 3. Landscaping. The detention pond must be landscaped in accordance with Chapter 114 — Vegetation of the Code of Ordinances. The landscape plan is subject to final approval by the Development Review Committee. 4. 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. r4RH NORTH RICHLAND HILLS COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as "Low Density Residential." This designation provides areas for the development of traditional, low-density single-family detached dwelling units. CURRENT ZONING: R-2 Single-Family Residential. The zoning and preliminary plat for this development were approved July 2014. The detention pond design complies with all design standards. SURROUNDING ZONING ( LAND USE: North: R-1 and R-3 Single-Family Residential I Low Density Residential and Parks/Open Space West: R-2 Single-Family Residential I Low Density Residential South: R-2 Single-Family Residential and AG Agricultural Low Density Residential East: R-1 Single-Family Residential and AG Agricultural Low Density Residential ROUGH PROPORTIONALITY DETERMINATION: The developer will be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the City's design criteria. This includes the construction of sidewalks along Douglas Lane on the east side of the property adjacent to the open space lot. This determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by a professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. PLAT STATUS: The preliminary plat for Smith Farm Addition was approved by the Planning and Zoning Commission on July 17, 2014. The final plat for this addition is also on the May 16, 2016, agenda. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at their April 21, 2016, meeting and voted 3-0 to recommend approval. Chairman Shiflet was present at the meeting but recused himself from the vote for a possible or perceived conflict of interest. RECOMMENDATION: To approve Ordinance No. 3409. J N ca Cross Timbers Park FMI 0 D D 0 L c� N r � �� �/ iii/��% ;����° „ .. �,�` �1'�ii iii,�✓ ��' �, . 1J � � ll i i uw,��l%;�% � ��� �; �J„ ;�ii�, �„ �J� r � " '1' �'� r � i � uu g' �� � ay uiiioir. �If�� �� � � iYd�°q��1��eli����A��V"�ilu f�(iiV( lub��i 1���', �� i/n '' I ��i, i a� �� ��� �_ O �'�'WelA�D f �� L N 1..:: �,... /�� � ���, i� i y{ �V F � � u0i� ' t l � � �� �. yr 6 i U ��� �/f ,� i�� �„ �� � /f„°� �% 1 ,/ i 1 � �� /%�; Lincoln�Dr �:��`� � `' %�1 „� „� �% � ' �i �6M° �� �u � � u� � ' Y ✓� �� i �%r �/ ,.�� /// 4 ll/�/ / �� � � / ��r P� Vii; %i i i � t�'' ////� /% //� r fib �j,, �%% if a// "iii %, �1�����,/l/�i�� � � � ���j /��� n � � '� � ��%/////�G /�i//fi �° II ��j�J� �� %�/� /i, `CHL,g A° d NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION TBXPS AND CITY COUNCIL Case Number: SUP 2015-06 Applicant: Marvin Smith Location: 7601 Douglas Lane 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 and consideration of a request from Marvin Smith for a Special Use Permit for a Detention Pond on the proposed Smith Farm Addition site located at 7601 Douglas Lane. Public Hearing Schedule: Public Hearing Date: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, APRIL 21, 2016 Meeting Location: CITY COUNCIL CHAMBERS — OLD CITY HALL 7301 NE LOOP 820 NORTH RICHLAND HILLS, TEXAS Public Hearing Date: CITY COUNCIL 7:00 PM MONDAY, MAY 16, 2016 Meeting Location: CITY COUNCIL CHAMBERS — NEW CITY HALL 4301 CITY POINT DRIVE 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 GONZALES DANIEL G BASTIEN DORIS ANN ARNOLD RANDAL K GONZALES RHONDA S ARNOLD HOLLIE L 7500 CIMARRON DR 7105 LINCOLN DR FORT WORTH TX 76182-7656 7504 CIMARRON DR NRH TX 76182-7679 FORT WORTH TX 76182-7656 KUH PAUL M KETO JOHN KUH WENDY M KETO CATHERINE SMART BUY HOMES CORP 8004 7508 CIMARRON DR 7512 CIMARRON DR NRH MAIN TX 76188 ST 2-4005 FORT WORTH TX 76182-7656 NRH TX 76182-7656 NRH REEDY JAY E VIZCAINO RICHARD THOMAS RICKY W 7617 DOUGLAS LN VIZCAINO ANGELA 7100 LINCOLN DR NRH TX 76182-9104 7032 LINCOLN DR FORT WORTH TX 76182-7678 NRH TX 76182-7662 HOEHN BRENDA BUTLER ELIZABETH A RITTGERS PATRICIA HOEHN BRIAN BUTLER ROBERT P RITTGERS GEORGE 7104 LINCOLN DR 7108 LINCOLN DR 7432 SPRING LEA WAY NRH TX 76182-7678 NRH TX 76182-7678 FORT WORTH TX 76182-7728 WATSON JANETTE MANNING STEPHEN N WATSON JOHNNIE SKINNER JAMES O MANNING MARIA NRH 7417 SHADY HOLLOW CT SHADY HOLLOW C CT T 7420 SHADY HOLLOW CT FORT WORTH TX 76182-7708 NRH TX 76182-7708 NRH TX 76182-7708 SPENCER MICHAEL H HOFFA GREGORY W MILLS MARK C 7112 LINCOLN DR HOFFA ANGELINA S MILLS JENNIFER D NRH TX 76182-7678 7116 LINCOLN DR 7305 MARKET CT NRH TX 76182 NRH TX 76182-9124 DALE GERALD BUCKALEW JOHN STARNES GARY BERTRAM DALE DAWN BUCKALEW VICKIE 7500 DOUGLAS LN 7309 MARKET CT 7312 MARKET CT NRH TX 76182-9101 NRH TX 76182-9124 NRH TX 76182-9124 KUSMIERSKI THEODORE J II Birdville Independent School District KUSMIERSKI Attn: Mike Seale 7417 DOUGLAS LN 6125 East Belknap FORT WORTH TX 76182-7705 Haltom City, TX 76117 ORDINANCE NO. 3409 SUP 2015-06 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY APPROVING A SPECIAL USE PERMIT TO AUTHORIZE CONSTRUCTION OF A DETENTION POND IN TO BE LOCATED AT 7601 DOUGLAS LANE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills requires the issuance of a Special Use Permit for the construction of a detention or retention pond; and WHEREAS, the owner of the property located at 7601 Douglas Lane has filed an application for a Special Use Permit to allow construction of a detention pond associated with the development of a single-family residential subdivision in accordance with the standards required for detention ponds; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on April 21, 2016, and the City Council of the City of North Richland Hills, Texas, held a public hearing on May 16, 2016 with respect to the Special Use Permit described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for the approval of a Special Use Permit on the property; and Ordinance 3409 SUP 2015-06 Page 1 of 4 WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the Special Use Permit should be granted, subject to the conditions imposed herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Zoning Ordinance of the City of North Richland Hills is hereby amended by approving a special use permit to authorize a detention pond to be constructed in accordance with standards as provided herein on an approximately 8.00 acre tract of land, known as Smith Farm Addition, Lot 6, Block 2, North Richland Hills, Tarrant County, Texas, commonly referred to as 7601 Douglas Lane. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to approve the Special Use Permit in accordance with the requirements hereof, subject to the following conditions- 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 the City Engineer. 3. Landscaping. The detention pond must be landscaped in accordance with Chapter 114, Vegetation, of the Code of Ordinances. The landscape plan, attached as Exhibit "A" and incorporated herein for all purposes, is subject to final approval by the Development Review Committee. 4. 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. Section 3: That the official map of the City of North Richland Hills is amended and the Planning Manager is directed to revise the official zoning map to reflect the approved special use permit, as set forth above. Section 4: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Ordinance 3409 SUP 2015-06 Page 2 of 4 Section 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 7: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 9: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 10: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 16th day of May, 2016. Ordinance 3409 SUP 2015-06 Page 3 of 4 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to form and legality: Cara Leahy White, Assistant City Attorney Approved as to content: Clayton Comstock, Planning Manager Ordinance 3409 SUP 2015-06 Page 4 of 4 ------ ------------ ------------ - v 20 B1, v SMITH FARM DRIVE IF „ ,A 7 8 9 0 r I I BLOCK 2 IT LINCOLN DRIVE z O � a o � Q PLANTING LEGEND Q ° g O F s DETENTION POND/OPf N SPACE LANDSCAPE PLAN NCFPTH L I Excerpt from the April 21, 2016 Planning & Zoning Commission Meeting Minutes Vice Chairman Schopper explained that he is chairing the meeting instead of Chairman Randall Shiflet because Chairman Shiflet had dental work earlier in the day, and he is also recusing himself in the matter of Items C.1 and C.2 as he has acted as a consultant for the applicant in the past. Chairman Shiflet does not want there to appear to be a conflict of interest. C. PUBLIC HEARINGS C.1 SUP 2015-06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MARVIN SMITH FOR A SPECIAL USE PERMIT FOR A DETENTION POND ON THE PROPOSED SMITH FARM ADDITION SITE LOCATED AT 7601 DOUGLAS LANE. APPROVED C.2 FP 2015-02 CONSIDERATION OF A REQUEST FROM MARVIN SMITH FOR A FINAL PLAT OF SMITH FARM ADDITION ON 8.00 ACRES LOCATED AT 7601 DOUGLAS LANE. APPROVED Chairman Randall Shiflet left the City Council Chambers at 7:13 p.m. Principal Planner Clayton Husband introduced the Special Use Permit request and the Final Plat request. Ed Kellie with Kellie Engineering, 205 Lindenwood Drive, Fort Worth, stated he was here representing the applicant, Marvin Smith, and provided details of the request. He indicated that they are here to answer any questions about the SUP and the Final Plat requests. Vice Chairman Schopper asked the Commission if there were any questions. Seeing none, he asked Clayton Husband to present the staff report. Principal Planner Husband presented the staff report for both requests and stated that the Commission should also take action on the Final Plat following the Public Hearing for the Special Use Permit. Vice Chairman Schopper opened the Public Hearing for SUP 2015-06 at 7:18 p.m. Seeing no one wishing to speak, Vice Chairman Schopper closed the Public Hearing at 7:18 p.m. and asked for a motion on SUP 2015-06. WE B NTON MOVED TO APPROVE SUP 2015-06, KATHY LuPPX SECONDED THE MOPON, MOPON TO APPROVE CARR4ED 3-4,, Vice Chairman Schopper called for a motion on FP 2015-02. WE BENTON MOVED TO,APPROVE FP 2015-02, KATHY Lu'PPy,SEcONIDED THE MOPON, MOTION TO.APPROVE CARRIED 3-0,, Vice Chairman Schopper clarified that Gerald Tyner is Ex-Officio capacity on the Commission. This capacity, according to the City Charter allows him to participate in the discussions, but does not allow him to vote on any cases. Chairman Randall Shiflet returned to the City Council Chambers at 7:19 p.m. r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 16, 2016 SUBJECT: FP 2015-02 Consideration of a request from Marvin Smith for a Final Plat of Smith Farm Addition on 8.00 acres located at 7601 Douglas Lane. PRESENTER: Clayton Husband, Principal Planner SUMMARY: Marvin Smith is requesting approval of a Final Plat of Smith Farm Addition. This 8.00- acre subdivision includes 21 single-family residential lots and one open space lot. The property is located in the southwest corner of the curve in Douglas Lane north of Starnes Road and across from Cross Timbers Park. The proposed final plat is consistent with the approved preliminary plat and meets the requirements of the zoning ordinance and subdivision regulations. GENERAL DESCRIPTION: The final plat for Smith Farm Addition includes 21 single-family residential lots and one open space lot. The residential lots range in size from 10,635 square feet to 18,397 square feet, with the typical lot being 80 feet wide and 130 feet deep. The lots comply with the R-2 Single-Family Residential Zoning District standards. The property has frontage on Douglas Lane at two locations, as the site is located in the southwest corner of the curve in the road. There is one street proposed, and it connects to Douglas Lane at the north and east sides of the subdivision. A masonry screening wall will be constructed along Douglas Lane at each entrance. The common open space lot is 50,041 square feet (1.15 acres) in size, covering 14.4% of the development. The lot is located on the south side of the subdivision and will be covered by a tree preservation, public access, and drainage easement. Improvements to the open space lot include a 5-foot wide sidewalk that meanders through the space and provides a connection to Lincoln Drive to the south, new trees and other landscaping, and a proposed detention pond. There is an accompanying special use permit request for the detention pond on the May 16, 2016, agenda. COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as "Low Density Residential." This designation provides areas for the development of traditional, low-density single-family detached dwelling units. r4RH NORTH RICHLAND HILLS THOROUGHFARE PLAN: The development has frontage on Douglas Lane, classified as a C2U Minor Collector roadway. A C2U roadway is a two-lane undivided street with an ultimate right-of-way width of 60 feet. Additional right-of-way dedication of less than one foot will be provided on the east side of the development. CURRENT ZONING: R-2 Single-Family Residential. This final plat is consistent with the R-2 zoning standards. SURROUNDING ZONING ( LAND USE: North: R-1 and R-3 Single-Family Residential I Low Density Residential and Parks/Open Space West: R-2 Single-Family Residential I Low Density Residential South: R-2 Single-Family Residential and AG Agricultural Low Density Residential East: R-1 Single-Family Residential and AG Agricultural Low Density Residential ROUGH PROPORTIONALITY DETERMINATION: The developer will be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the City's design criteria. This includes the construction of sidewalks along Douglas Lane on the east side of the property adjacent to the open space lot. This determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by a professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. PLAT STATUS: The property is currently unplatted. The preliminary plat for Smith Farm Addition was approved by the Planning and Zoning Commission on July 17, 2014. This proposed Final Plat is consistent with the approved Preliminary Plat. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at their April 21, 2016, meeting and voted 3-0 to recommend approval. Chairman Shiflet recused himself from the vote for a possible or perceived conflict of interest. RECOMMENDATION: To approve FP 2015-02. J Cross Timbers Park N c� 0 D L O Lincoln L L L a� ca J E ca L Starnes Rd / /; l �� �ll��i i i l i >' ; � Cross,Timbers Park �� ,w;ww� l N � ' _ , t�� O� �% 0 f,, f k I%'.. r, i �/' �'"' 1, i l✓-' r r �� Fo � t�✓iii �,e�, � y i ��� 1�, r, 0 � � mi��(16 I��� ���� +v I ,, o' �� '�� I� �' � L °�� ��� � �h9l���I I "III'I'��V �,�'� L r^v. � ���iyll s�, �' i �� !G '/ // U �i� �' / NJ � %/ x. �i � I � r,t( N� M I �, L I �k Ijil��� YYI;��I�d V"y�V�I� %��I�t�� I NI� / l Oit% ` Lincoln Dr, ,,,� �, �_ �a^y, �i - �� '�,,,, � i �, � �,U �,„ �, ���, . � /%iii%������,,, ��"'- I �, ,,, %/ ,, �� ,: , ^� I , � �� �� O � �%% � � I ,. ��, % �� ., I� �'a i/Uric r!,;.�� � ��,.„�� i,� ,� � � ��� iii/, �/, ��� ,C %� ��� i ��� ���� °'%' �,,, � �� �i pr •� ,l t � /`� ",� �%i �� � �� �/ri�� um� ,« �1 � �� v..D j �If m U �/i � ^� ` i </ ;ia- is <�r o..u., .>o. W E �_..... - _.._ 9 _.__... DOUGLAS LANE E— _ o - so o so CD "m - 50 21 Sr alv 1 50 .L =w. ... -'• W. s BLOCK aul a. a ` LOrx t ,� I a � sa B _... - vl Blocx ry w �....9 s <........ m s N1 '- _o SMITH FARM DRIVE &MILIMMI,TT rv9z ni�� m o m°,m",," x•oo acAO aosn ad.., „ e V u«, a-BCncxz ocacxz - Q z " mss., �- "I NS ene "i ono ns Bb of --- B.L. yl� POALIC ACfR S&DRO ESNT. , PUBLIC ACCESS 589'2, 5]G 2°1 v✓30,.,6 ry _._........ e "`" z' ° 0 m mJ"s9ox wars r - LINCOLN DRIVF s SMITH FARM ADDITION Q T11 s,,,nLS .9.a.,,..<a,„.<:., Excerpt from the April 21, 2016 Planning & Zoning Commission Meeting Minutes Vice Chairman Schopper explained that he is chairing the meeting instead of Chairman Randall Shiflet because Chairman Shiflet had dental work earlier in the day, and he is also recusing himself in the matter of Items C.1 and C.2 as he has acted as a consultant for the applicant in the past. Chairman Shiflet does not want there to appear to be a conflict of interest. C. PUBLIC HEARINGS C.1 SUP 2015-06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MARVIN SMITH FOR A SPECIAL USE PERMIT FOR A DETENTION POND ON THE PROPOSED SMITH FARM ADDITION SITE LOCATED AT 7601 DOUGLAS LANE. APPROVED C.2 FP 2015-02 CONSIDERATION OF A REQUEST FROM MARVIN SMITH FOR A FINAL PLAT OF SMITH FARM ADDITION ON 8.00 ACRES LOCATED AT 7601 DOUGLAS LANE. APPROVED Chairman Randall Shiflet left the City Council Chambers at 7:13 p.m. Principal Planner Clayton Husband introduced the Special Use Permit request and the Final Plat request. Ed Kellie with Kellie Engineering, 205 Lindenwood Drive, Fort Worth, stated he was here representing the applicant, Marvin Smith, and provided details of the request. He indicated that they are here to answer any questions about the SUP and the Final Plat requests. Vice Chairman Schopper asked the Commission if there were any questions. Seeing none, he asked Clayton Husband to present the staff report. Principal Planner Husband presented the staff report for both requests and stated that the Commission should also take action on the Final Plat following the Public Hearing for the Special Use Permit. Vice Chairman Schopper opened the Public Hearing for SUP 2015-06 at 7:18 p.m. Seeing no one wishing to speak, Vice Chairman Schopper closed the Public Hearing at 7:18 p.m. and asked for a motion on SUP 2015-06. WE B NTON MOVED TO APPROVE SUP 2015-06, KATHY LuPPX SECONDED THE MOPON, MOPON TO APPROVE CARR4ED 3-4,, Vice Chairman Schopper called for a motion on FP 2015-02. WE BENTON MOVED TO,APPROVE FP 2015-02, KATHY Lu'PPy,SEcONIDED THE MOPON, MOTION TO.APPROVE CARRIED 3-0,, Vice Chairman Schopper clarified that Gerald Tyner is Ex-Officio capacity on the Commission. This capacity, according to the City Charter allows him to participate in the discussions, but does not allow him to vote on any cases. Chairman Randall Shiflet returned to the City Council Chambers at 7:19 p.m. r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 16, 2016 SUBJECT: ZC 2016-02, Ordinance No. 3408, Public Hearing and consideration of a request from ARTEC for a revision to Planned Development 36 (PD-36) located in the 9000-9100 blocks of North Tarrant Parkway including adjacent parcels on Davis Boulevard and Precinct Line Road. PRESENTER: Clayton Husband, Principal Planner SUMMARY: On behalf of Provident Capital LLC, ARTEC is requesting a zoning change to amend Planned Development 36 (PD-36) to develop a new Arby's quick service restaurant. The proposed site is 0.90 acres in size and located on the west side of Precinct Line Road north of North Tarrant Parkway. GENERAL DESCRIPTION: The property is zoned as Planned Development 36 (PD-36), which was approved in March 2001. One of the conditions in PD-36 is that all site plans for development on property within the zoning district must be reviewed and approved by the Planning and Zoning Commission and City Council. These site plans are processed as an amendment to PD-36, which follows the standard zoning change process. There have been six amendments approved since the adoption of the zoning. The most recent amendment was in 2016 for the Slim Chickens restaurant located at 9005 North Tarrant Parkway. A complete site plan package for the proposed Arby's restaurant is attached. Planned improvements to the 0.90-acre site include a 2,160-square-foot building, 40 parking spaces, and landscaped areas covering 31% of the lot area. The business operation also provides drive-through service. Access to the site is from two existing driveways on Precinct Line Road that are shared with a retail building and the Wal-Mart site. All development standards have been satisfied. COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use Plan as "Retail." This designation is intended to permit a variety of retail trade, personal and business services establishments, and offices. k4RH NORTH RICHLAND HILLS CURRENT ZONING: The property is currently zoned Planned Development (PD-36), which has a C-1 Commercial base zoning district. The purpose of this planned development is to provide for a retail/grocery center (Wal-Mart) and pad sites for future development. The original zoning was approved in 2001. It has been amended six times to accommodate development of two retail centers, a gasoline facility, a bank (Woodforest National Bank), and two restaurants (Jack in the Box and Slim Chickens). PROPOSED ZONING: The applicant is requesting an amendment to PD-36 in order to adopt the site plan for a new quick service restaurant. SURROUNDING ZONING ( LAND USE: North: C-1 Commercial Retail West: C-1 Commercial Retail South: PD-69 Planned Development I Retail East: Property located in Colleyville and developed as single-family residential PLAT STATUS: The property is currently platted as Lot 2, Block 1, Wal-Mart NRH Addition. There is an associated replat for this property also on the May 16, 2016, agenda, which would subdivide the property into two lots. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at their April 21, 2016 meeting and voted 4-0 to recommend approval. RECOMMENDATION: To approve Ordinance No. 3408. � v Q � City of IL Colleyville North Tarrant Pkwy r u x rr / W"'✓.` is»;�'��� //� � ; ,�' "��/i/// pl�, iinrnr .r Ali, iii rra.,� ,..��/ /��/ � %� % �� ✓' ✓/��1,//" i r V"ISO INS /r r l r/iiiivi/// ,,,,,„�/(uireliJfrf�'r��'t1c,' i o;,",✓ ✓ �j���G' � l(�r �(! 1( 1r'����„'lll�9 auem� IIIIIIIII i �, .fir,: �r�8; ;�� �i��il��/r/ ir .%��� //, 1�. ��.. �r/ /�/l✓a�. %/ .,��� /o r i ,�, ,...,, ® �/_,�,�//�i% h ��l�l r - ,/,,� ���„ / %�”�✓,%///�„�/�; rim �1, e r North Tarrant NPkwyr Jr r r aP 1� r r / p 1 1 1; `CHL,g A° d NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION TBXPS AND CITY COUNCIL Case Number: ZC 2016-02 Applicant: ARTEC Location: 9000-9100 blocks of North Tarrant Parkway including adjacent parcels on Davis Boulevard and Precinct Line Road 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 and consideration of a request from ARTEC for a revision to Planned Development 36 (PD-36) located in the 9000-9100 blocks of North Tarrant Parkway including adjacent parcels on Davis Boulevard and Precinct Line Road. Public Hearing Schedule: Public Hearing Date: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, APRIL 21, 2016 Meeting Location: CITY COUNCIL CHAMBERS — OLD CITY HALL 7301 NE LOOP 820 NORTH RICHLAND HILLS, TEXAS Public Hearing Date: CITY COUNCIL 7:00 PM MONDAY, MAY 16, 2016 Meeting Location: CITY COUNCIL CHAMBERS — NEW CITY HALL 4301 CITY POINT DRIVE 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 8955 TARRANT LLC WAL-MART REAL ESTATE BUS TRUST Attention: REAL ESTATE TAX DEPT- Attention: % RE PROERTY TAX MS 0555 PC CHICKEN NRH LP STORE#052114-S PO BOX 8050 3879 W CEDAR RIDGE LN PO BOX 1159 BENTONVILLE AR 72712-8055 FAYETTEVILLE AR 72704 DEERFIELD IL 60015 WOODFOREST NATIONAL BANK CHAVEZ BROTHERS INC GRAHAM WES M SR Attention: %WM L TOWNSEND 12817 WHISPER WILLOWS DR GRAHAM LELANIA 1330 LAKE ROBBINS DR STE 100 HASLET TX 76052 26509 HAWTHORNE RD SPRING TX 77380-3267 CARL JUNCTION MO 64834-8415 MURPHY OIL USA INC WACHOVIA BANK NA PROVIDENT CAPITAL LLC 200 E PEACH ST Attention: MACA 0109-101 1820 BONANZA ST STE 200 EL DORADO AR 71730-5836 333 MARKET 10TH FL ST WALNUT CREEK CA 94596-4376 SAN FRANCISCO CA 94105 CITY OF COLLEYVILLE JPMORGAN CHASE BANK COMMUNITY DEVELOPMENT Attention:ATTN MGR REAL EST BLUE STONE REAL ESTATE GROUP LP 100 MAIN STREET BUSINESS SER 1999 BRYAN ST STE 900 COLLEYVILLE, TEXAS 76034 575 WASHINGTON FL 4TH BLVD DALLAS TX 75201-3140 JERSEY CITY NJ 07310-1616 NOORNEEL LLC BRINKER TEXAS LP SUMMIT COMMUNITY BANK NA Attention:ATTN TAX DEPT 704 GATESHEAD CT 6820 LYNDON B JOHNSON FWY PO BOX 16509 SOUTHLAKE TX 76092 DALLAS TX 75240-6511 FORT WORTH TX 76162-0509 SS DAVIS INVESTMENT LLC ETAL GEMBA COLLEYVILLE LLC BOMAC SIGNATEL INV LLC 300 STOCKTON DR 2400 BROADWAY ST PO BOX 96011 SOUTHLAKE TX 76092-2226 BEAUMONT TX 77702-1904 SOUTHLAKE TX 76092 BOMAC DAVIS INVESTMENTS LLC FORT WORTH COMMUNITY CREDIT UN INLAND WESTERN N RICHLAND H D PO BOX 96011 PO BOX 210848 PO BOX 9273 SOUTHLAKE TX 76092-0111 BEDFORD TX 76095-7848 OAK BROOK IL 60522-9273 TARGET CORPORATION A-S 116 NORTH TARRANT PKWY- KROGER TEXAS LP PO BOX 9456 Attention: PRECINCT LINE LP Attention:ATTN REAL ESTATE DEPT MINNEAPOLIS MN 55440-9456 8827 W SAM HOUSTON 200 PKWY N 1331 E AIRPORT FWY HOUSTON TX 77040 IRVING TX 75062-4818 Keller Independent School District Attn: Hudson Huff 350 Keller Parkway Keller, TX 76244 ORDINANCE NO. 3408 ZONING CASE ZC 2016-02 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY AMENDING PLANNED DEVELOPMENT 36 OF THE CITY OF NORTH RICHLAND HILLS FOR THE PURPOSE OF APPROVING THE SITE PLAN FOR 1A, 113, 2, 3, 4, 5, 6R AND 7R, BLOCK 1, WAL-MART NRH ADDITION LOCATED IN THE 9000-9100 BLOCKS OF NORTH TARRANT PARKWAY, INCLUDING ADJACENT PARCELS ON DAVIS BOULEVARD AND PRECINT LINE ROAD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, The City Council of the City of North Richland Hills previously approved Planned Development 36; and WHEREAA, Planned Development 36 requires Planning and Zoning Commission and the City Council approval of all site plans for development on the property within the zoning district; and WHEREAS, the owner of a portion of Planned Development 36 has requested approval of a site plan for development of a portion of the property; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on April 21, 2016, and the City Council of the City of North Richland Hills, Texas, held a public hearing on May 16, 2016 with respect to the zoning change described herein; and Ordinance No. 3408 ZC 2016-02 Page 1 of 4 WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for the rezoning of the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Zoning Ordinance of the City of North Richland Hills and Planned Development 36 of the City of North Richland Hills are hereby revised for the purpose of approving a revised site plan attached hereto as Exhibit A, for Lots 1A, 1B7 27 37 47 57 6R, and 7R, Block 1, Wal-Mart Addition in the City of North Richland Hills, Tarrant County, Texas, located in the 9000-9100 blocks of North Tarrant Parkway, including adjacent parcels on Davis Boulevard and Precinct Line Road for the purposes of new construction on Lot 7R. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance and Planned Development 36 is sufficient to approve the revised site plan attached hereto as Exhibit "A" and incorporated for all purposes. Section 3: That the official zoning map of the City of North Richland Hills is amended and the Planning Manager is directed to revise the official zoning map to and Planned Development 36, as set forth above. Section 4: The use of the Property described above shall be subject to the restrictions, terms and conditions set forth in the Planned Development 36 and the Site Plan attached as Exhibit "A". Unless otherwise provided in Exhibit "A", the Property shall be governed by all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 5: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 6: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as Ordinance No. 3408 ZC 2016-02 Page 2 of 4 amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 7: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 8: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 9: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 10: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 11: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 16th day of May, 2016. Ordinance No. 3408 ZC 2016-02 Page 3 of 4 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to form and legality: Cara Leahy White, Assistant City Attorney Approved as to content: Clayton Comstock, Planning Manager Ordinance No. 3408 ZC 2016-02 Page 4 of 4 I I PPdI s/e'srer � ��`11��1pp\�c/'�► wu1o,o urees�� �NO1 '4 ,vE,-iO3L3, Ems, ,m14os?a. AlQN'U°V� V'�1`k1�V sz2 O N� Lfl E uaa O Ha 111: RM BR 1101 I oN i2`'fl 21 i32 AM1e ET­T1 lNEl -- sa� ET­T1 lNEl 02 ET­EE 22 ­P fl -0_ rs no s oWIA O O O FR qaa O �flAE o fl7N s NCF1 �reM®mre1.1 re� re rereo1, io h �MMfl.INLP�.7fl7.�� �To r fl ate,„1,,,��RsMMPre EE—TEMETTETTEETEI.— flog ERBY SRESTAURANT GROUP zu TEE a a w e TURBO RESTAURANTS 1UTTE1 "1 ,ae, br9G aa'U. 0 P Lda SITE DATA SUMMARY °.'ws.flx,alseafl1i7 i F `� `TIv EXII STI NO ZO NI NO ED 36 ,..r. LAND USE DESIGNATION RETAIL m s s v „ \ LOTAREA 099 AC 14 s i v7 � c BUI LDI NO AREA 2 160 SO FT -- 1 — LOT COVERAGE 66% 7 AREA OF IMPERVIOUS COVERAGE 71 6% - a ,n sa ww ,E .6wu4T ca rve 4s 41w v ono,a _J J s J , NUMBER OF PARK NO SPACES PROVIDED 49 co?3sboz4i'w waaeLE wi ooc Przoszos<azs`°s`""`"n — _____ _ BUILDING USE HT RESTAURANT, ¢ \'1 0 � 3 +----- �� T,QUICK ' J_______ \ v.rs.*.c*. m =. �� - SITE AND DIMENSIONAL .......................... 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S—l- 11 Chrysler Di,, Project: ... ... I. ..I. —1—:. 1... Brampton, AR Y'S NORTH RICHLAND HILLS IS Date: 2016-02-19 * 6B6 PRECINCT LINE ROAD Tel: (905) 792-7335 MAINTAINED HORIZONTAL IT Project N- e'mail:ljorge@ SMART LIGHTING SOLITIONS SHOWN AT TRADE LEVEL 16-51-SMART1 (4868) JuNo UcHTINr Gr4oup junolightinggroup.com MR. RANDY PARRISH Drawn by: RD Excerpt from the April 21, 2016 Planning & Zoning Commission Meeting Minutes C.5 ZC 2016-02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ARTEC FOR A REVISION TO PLANNED DEVELOPMENT 36 (PD-36) LOCATED IN THE 9000-9100 BLOCKS OF NORTH TARRANT PARKWAY INCLUDING ADJACENT PARCELS ON DAVIS BOULEVARD AND PRECINCT LINE ROAD. APPROVED C.6 RP 2016-04 CONSIDERATION OF A REQUEST FROM SUN HOLDINGS FOR A REPLAT OF LOTS 2R1 AND 2R2, BLOCK 1, WAL-MART ADDITION ON 3.91 ACRES LOCATED IN THE 8200 BLOCK OF PRECINCT LINE ROAD. APPROVED Principal Planner Clayton Husband introduced the Zoning Change and Replat requests. David Rey with ARTEC, 6800 Weiskopf Ave, McKinney, stated that they are the architects of record for this project and are before the Commission on behalf of the owner. Mr. Rey stated that the exterior has been upgraded to meet NRH requirements. Principal Planner Clayton Husband summarized the staff reports for both the zoning change and the replat. Commissioner Benton asked if the white brick the applicant is proposing is actual white colored brick or a painted brick. Principal Planner Husband confirmed that it is a white brick. Vice Chairman Schopper opened the Public Hearing for ZC 2016-02 at 7:42 p.m. Seeing no one wishing to speak, Vice Chairman Schopper closed the Public Hearing for ZC 2016-02 at 7:42 p.m. and entertained a motion on the request. KATHY LuPPy,� MOVED TO APPROVE ZC 201:6-02 SUBJECT TO THE DEVELOPMENT ENT RMEW COWTTEE CERTIIFII ATION OF THE RNAL SITE PLAN DESIGN, IRANDALL SHIIFL T SECONDED THE MOTION. MOTION TO APPROVE CARMED 4-0,, Vice Chairman Schopper stated that the next case was RP 2016-04 and requested a motion. WE BENTON MOVED TO,APPROVE RP 2016-04 WITH THE DEVELOPMENT REVIEW COMMITTEE GERTtFtCATtON THAT 4S REQUIRED,, KATHY LuPPY SECONDED THE MOTION. 11 OPON TO,APPROVE CARMED 4-0,., r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 16, 2016 SUBJECT: RP 2016-04 Public Hearing and consideration of a request from Sun Holdings for a Replat of Lots 2R1 and 2R2, Block 1, Wal-Mart Addition on 3.91 acres located in the 8200 block of Precinct Line Road. PRESENTER: Clayton Husband, Principal Planner SUMMARY: On behalf of Provident Capital LLC, Sun Holdings is requesting approval of a replat of Lots 2R1 and 2R2, Block 1, Wal-Mart Addition. This 3.91-acre parcel is located on the west side of Precinct Line Road and north of North Tarrant Parkway. This replat has an associated zoning change on the same agenda. The plat is complete and meets the requirements of the zoning ordinance and subdivision regulations. GENERAL DESCRIPTION: The site is currently developed with a 32,145-square foot single-story retail building. The southeast corner of the lot is proposed to be developed as a pad site for an Arby's restaurant. The proposed replat is intended to create two commercial lots so that each building is located on a separate parcel. A declaration of reciprocal easements was recorded in March 2016 to provide for perpetual access across and through all driveways and parking lots on both lots. The reciprocal easements allow both lots to have access to the existing driveways on Precinct Line Road, which are located on the Wal-Mart property. COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use Plan as "Retail." This designation is intended to permit a variety of retail trade, personal and business services establishments, and offices. THOROUGHFARE PLAN: The property has frontage on Precinct Line Road, which is classified as a Principal Arterial (P7U) at this location. A P7U Principal Arterial is a seven-lane undivided roadway with a variable width ultimate right-of-way. Right-of-way dedication is not required on this replat. CURRENT ZONING: The property is currently zoned Planned Development (PD-36), which has a C-1 Commercial base zoning district. The purpose of this planned development is to provide for a retail/grocery center (Wal-Mart) and pad sites for future r4RH NORTH RICHLAND HILLS development. The original zoning was approved in 2001. It has been amended six times to accommodate development of two retail centers, a gasoline facility, a bank (Woodforest National Bank), and two restaurants (Jack in the Box and Slim Chickens). SURROUNDING ZONING ( LAND USE: North: C-1 Commercial Retail West: C-1 Commercial Retail South: PD-69 Planned Development I Retail East: Property located in Colleyville and developed as single-family residential PLAT STATUS: The property is currently platted as Lot 2, Block 1, Wal-Mart NRH Addition. The proposed plat would subdivide the property into two commercial lots. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at their April 21, 2016, meeting. The Commission voted 4-0 to recommend approval of the plat. RECOMMENDATION: To approve RP 2016-04. a � O� v .v a City of Colleyville Fl North Tarrant Pkwy „ M ;, roi ///%,,. ♦J r % �/, r "F�'lor�/�/ii/��� r �l�r A,�r ��Ptl, ;'Y ,°1 � � i� � �u I �� ! �' y'r�//�� ��� � ��,� y;f .,i r i „i...�r r, � ///r,'� ;i � /r ,/����/.,f� -(✓ N ..Vi I '1,. k II I / f I �f I J , r� ;! r/�%'y%IrRrlrlJl��AralPJn r rr i r,'iiaaiii/o/i%c7iaiaiirr�r,e rrr r r, '; %%/ !j��i%/////%/�r%°! 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SLIDE 0405 SPLANOREOCORDSTOFDEORNN AN I THIS PLAT FLED AS N IDAT.No, D_ B CABINET A -T IL-T-_-------�- 1 DATE:_ _ _ _ _ _ RANT COUNTY, B —y -4--�--1—- THOMAS PECK SURVEY ABSTRACT 1210 0 i F---------------T--- r _w�°�n! TerraC(CAERP2016-04)TEXAS c _ I [c�E.RP ---- n ociat1, LLC ��s -r.m awnere: a .mrvo w.. PrOV tlent Cop to J980 BroadwayY Bvd Ste 238 ore c ' I �e 20 �Clar and X SO43a T 7 ' X620 Bonon zo StreetCS 0 p 9t c...... n 972-805-4526 ""' ww.terramrpsurveycom TRPLS Reg No 101858-00 Excerpt from the April 21, 2016 Planning & Zoning Commission Meeting Minutes C.5 ZC 2016-02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ARTEC FOR A REVISION TO PLANNED DEVELOPMENT 36 (PD-36) LOCATED IN THE 9000-9100 BLOCKS OF NORTH TARRANT PARKWAY INCLUDING ADJACENT PARCELS ON DAVIS BOULEVARD AND PRECINCT LINE ROAD. APPROVED C.6 RP 2016-04 CONSIDERATION OF A REQUEST FROM SUN HOLDINGS FOR A REPLAT OF LOTS 2R1 AND 2R2, BLOCK 1, WAL-MART ADDITION ON 3.91 ACRES LOCATED IN THE 8200 BLOCK OF PRECINCT LINE ROAD. APPROVED Principal Planner Clayton Husband introduced the Zoning Change and Replat requests. David Rey with ARTEC, 6800 Weiskopf Ave, McKinney, stated that they are the architects of record for this project and are before the Commission on behalf of the owner. Mr. Rey stated that the exterior has been upgraded to meet NRH requirements. Principal Planner Clayton Husband summarized the staff reports for both the zoning change and the replat. Commissioner Benton asked if the white brick the applicant is proposing is actual white colored brick or a painted brick. Principal Planner Husband confirmed that it is a white brick. Vice Chairman Schopper opened the Public Hearing for ZC 2016-02 at 7:42 p.m. Seeing no one wishing to speak, Vice Chairman Schopper closed the Public Hearing for ZC 2016-02 at 7:42 p.m. and entertained a motion on the request. KATHY LuPPy,� MOVED TO APPROVE ZC 201:6-02 SUBJECT TO THE DEVELOPMENT ENT RMEW COWTTEE CERTIIFII ATION OF THE RNAL SITE PLAN DESIGN, IRANDALL SHIIFL T SECONDED THE MOTION. MOTION TO APPROVE CARMED 4-0,, Vice Chairman Schopper stated that the next case was RP 2016-04 and requested a motion. WE BENTON MOVED TO,APPROVE RP 2016-04 WITH THE DEVELOPMENT REVIEW COMMITTEE GERTtFtCATtON THAT 4S REQUIRED,, KATHY LuPPY SECONDED THE MOTION. 11 OPON TO,APPROVE CARMED 4-0,., k4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 16, 2016 SUBJECT: Youth Advisory Committee's 2016 Year-End Report PRESENTER: Kristin James, Assistant to the City Manager SUMMARY: In accordance with the Youth Advisory Committee's By-Laws, the committee shall submit a year-end report to the City Council on the status of its activities for the year. GENERAL DESCRIPTION: In accordance with the Youth Advisory Committee's By-Laws, the committee shall submit a year-end report to the City Council on the status of its activities for the year. The year-end report of the Youth Advisory Committee (YAC) as submitted by Caroline Beagles, Chair of the Youth Advisory Committee, is attached for your review. Caroline Beagles will be in attendance to present the report to the City Council and several members of the YAC are expected to attend as well. RECOMMENDATION: Accept the Youth Advisory Committee's 2016 Year-End Report. End of Year Report May 16, 2016 The 2015-2016 Academic Year has concluded and the Youth Advisory Committee is pleased to report it has been exciting and successful. This report is designed to highlight the year in review and inform the City Council of events and plans for the fall 2016 semester. The Youth Advisory Committee ended the year with 13 regular members. At the end of May, the following six members will have graduated from the program: • Caroline Beagles — Fort Worth Christian • Silviya Bustola — Birdville High School • Emily Crowson — Keller High School • Brian Crowson — Keller High School • Brad Pipes — Richland High School • Ethan Rodriguez-Shah — Fort Worth Christian The Youth Advisory Committee wishes them well as they begin their college careers. Committee members are in the process of recruiting new members, and hope to have recommendations to Council within a couple months for the 2016-2017 Academic Year. The Youth Advisory Committee was involved in multiple service projects throughout the year. The Committee volunteered for the Fall Fix-It-Blitz, Hoot n Howl, Night of Holiday Magic and Sounds of Spring. Of rir' r r mm The Youth Advisory Committee met and heard from various city staff members through the Guest Speaker Program. This program provided the Youth Advisory Committee members with an opportunity to learn more about the City and the services it provides to the citizens. The Youth Advisory Committee had the opportunity to hear from the Police Department, Economic Development Department, Human Resources, Library, Budget Department, City Manager's Office and the Fire Department this year. The Youth Advisory Committee also presented a youth project to City Council during the May 16, 2016 City Council Work Session Meeting. This year YAC decided to present to Council information regarding the City's use of social media. The Committee analyzed the City's current social media presence, and from that analysis generated ideas to enhance the use of social media in order to attract followers from younger generations (Millennials and Generation Z). The Youth Advisory Committee would like to thank the City Council for the opportunity to become active and involved in the community. The Committee looks forward to visiting the City Council at the end of the fall semester with a new report. Respectfully Submitted by: Caroline Beagles, YAC Chair r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: Public Works Department DATE: May 16, 2016 SUBJECT: Consider Ordinance No. 3413, Abandoning and Closing a Portion of Birchwood Drive PRESENTER: Caroline Waggoner, City Engineer SUMMARY: Consider the abandonment of a 275-foot section of Birchwood Drive for inclusion in a future replat for a RaceTrac retail gasoline convenience store at the Southeast corner of Davis Boulevard and Maplewood Avenue. GENERAL DESCRIPTION: Bomac Davis Investments, LLC. and RaceTrac Petroleum, Inc. are proposing to construct a 2.3 acre, 6,000 s.f. retail convenience store with fuel sales at the southeast corner of Davis Boulevard and Maplewood Avenue. On December 14, 2015, City Council approved Ordinance No. 3384 that rezoned 4940, 5000 and 5028 Davis Boulevard to RD-PD (Redevelopment Planned Development) Zoning from C-2 (Commercial) Zoning. The RD-PD also includes an approximate 275-foot section of Birchwood Drive that requires to be abandoned and closed effective on the approval of a future replat consolidating the three lots where the existing buildings are to be removed. In October 2015 a Traffic Impact Analysis (TIA) was conducted by Lee Engineering, LLC that concluded abandoning the 275-foot section of Birchwood Drive within the site would: • Reduce the number of driveways along Davis Boulevard from four (4) to one (1) • Eliminate existing cut through traffic between Boulevard 26 and Davis Boulevard through single family residential Given the TIA conclusions, the City hosted an open house on November 19, 2015 about the proposed abandonment inviting the residents of Birchwood Drive to attend. Three residents attended and provided feedback in support of eliminating cut through vehicular access, while providing pedestrian access to the future RaceTrac property. k4RH NORTH RICHLAND HILLS In the future, westbound vehicles that come upon the end point of Birchwood Drive will have a hammerhead turnaround option located and maintained on RaceTrac property allowing for fluid turn movements. Included in this memorandum is Ordinance No. 3413 that calls for the portion of Birchwood Drive be abandoned and conveyed to Bomac Davis Investments, LLC upon replat approval and completion of all the following subsequent actions: • Plat dedication of replacement easements for the relocated public and franchise utilities, including drainage. • Plat dedication of a public access easement within which the proposed vehicular turn-around will be constructed. • Construction and final acceptance by the City of all public infrastructure needed to replace water, sanitary sewer, and drainage service to the remaining Birchwood Drive. • Construction and final acceptance of the hammerhead public access easement at the terminus of Birchwood Drive as depicted on the plat. • Provision of a maintenance agreement for the public access turnaround. Visuals are included that depict the elevation of the future RaceTrac retail gasoline convenience store, and the location of the area to be abandoned as it relates to current site conditions, the future replat and the approved site plan. RECOMMENDATION: To approve Ordinance No. 3413, Abandoning and Closing a Portion of Birchwood Drive ORDINANCE NO. 3413 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF BIRCHWOOD DRIVE IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, CONTINGENT UPON THE DEDICATION OF REPLACEMENT UTILITY AND DRAINAGE EASEMENTS BY A REPLAT OF LOT 1, BLOCK A, RACETRAC ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, AND AUTHORIZING THE CONVEYANCE OF THE CLOSED STREET TO ADJACENT OWNERS. WHEREAS, the City Council has been requested to vacate and abandon a portion of Birchwood Drive ("Drive"), which will no longer be needed for street purposes after the replat referred to herein is completed, and convey it to the owners of property which is adjacent to the abandoned portion of the Drive; and WHEREAS, the City Council has determined that the portion of the above named public street described in the attachments hereto is no longer required or convenient for street purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT that portion of Birchwood Drive described in Exhibit A hereto is hereby abandoned and automatically closed effective on the approval of the replat of Lot 1, Block A, Racetrac Addition to the City of North Richland Hills, Tarrant County, Texas. Section 2: THAT the property described in Exhibit A shall be conveyed to the owner of property described in the foregoing plat, Bomac Davis Investments LLC, conditional upon and in consideration of the following public purposes: (a) Plat dedication of replacement easements for the relocated public and franchise utilities, including drainage; (b) Plat dedication of a public access easement within which the proposed vehicular turn-around will be constructed; (c) Construction and final acceptance by the City of all public infrastructure needed to replace water, sanitary sewer, and drainage service to the remaining Birchwood Drive; (d) Construction and final acceptance of the hammerhead public access easement at the terminus of Birchwood Drive as depicted on the plat; and (e) Provision of a maintenance agreement for the public access turnaround. Section 3: THAT if the conditions and public purposes in Section 2 above are not satisfied within two (2) years from the approval date of the replat of Lot 1, Block A, Racetrac Addition to the City of North Richland Hills, Tarrant County, Texas, the owner(s) of the property shall reconvey that portion of Birchwood Drive described in Exhibit A to the City at no cost to the City. AND IT IS SO ORDAINED. Passed on the _ day of May, 2016. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to form and legality: Cara Leahy White, Assistant City Attorney Recommended: Mike Curtis, Managing Director Development Services Exhibit A NAP m"W d�l PAGE 1 OF 2 NPowY P.04110 DI ERN E, i 6.25'r' ✓W' PRTM r STAFE W TEXAS C0LJNrvCJF TARRANT QkW a AMU ammo m IrCar,0 cul �-fllye W W,WaRx-r 16016P,kv tbe Cily I u�kvfh Rddaind Kfts, Twriititf Coureir, Tvunut''bmg 0 myVaJll DIrommiod Dfive my,O.AidVI ilJn C"Isup viimv A&I'VIIiar, ':W F"Row,Em P'I 0'w City DfWff"l Pri6rd acXXAr.fvW kn kr p'Aml Nelle0i'CN'V.lil;Ek0 M V'A'Mle W 0al Rts.,cmd�, I miravpu"t"ouniry, 7�PWm&"0 AQ mme pm*Am*dimutwhis (ommuhmAo Wa D.21 vleb kan Y'O—d god lar ipmviiuf z9,Via smouilmv,4,cormpir a fi 22, C'U.'g IViraw AdWI.kdi' FMY nii,I I In tha"kl""rf dikill",anI b,Mo.�md Nlhg'ri;iyl njcywni�lriwd 41 Vbh.nilp TW-115,pw�p 0.0",F"jal Ramunw,lairanc Cwnq , remus"s;vnc-�xdilf brm'79 ceLcd fF?,Aieuu*11f,Vsr&A-u an,addlYk.er,go vin. 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No 4 � —— N r. a �. i , J„ � ———— z�,...�------a— ------- ----- Preliminary Plat / Area to Abandon Am�)r v4p, ........ .. -- ----------- ...................... ------------ --- OR 2.OF,ACRFS 15 T11 j -7 r. J L-- ----------7- MA 91 --- -- --- --- ---------- 74, -------------- ---------------------- Site Plan Area to Abandon . ^^^^^ 1 i Di ph k � ➢ X IL's � •!^ ,����a- �r�! r�Ie Ni�wmlry. .... ..� ,�. ., .... G' 6 . AIM I'M AAW14M.K I � r r p r Y �r W171" � w iwr4Y AI'i LWkG I{ rob R ti ti` ii7.M° r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 16, 2016 SUBJECT: Consider Ordinance No. 3414, approving a Negotiated Settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the Company's 2016 Rate Review Mechanism Filing. PRESENTER: Karen Bostic, Assistant City Manager SUMMARY: The purpose of the Ordinance is for City Council to consider approval of the Settlement Agreement and the resulting rate change under the Rate Review Mechanism tariff. As a result of negotiations, the Executive Committee for the Atmos Cities Steering Committee was able to reduce Atmos Mid-Tex's requested $35.4 million rate increase for Mid-Tex cities to $29.9 million. GENERAL DESCRIPTION: In March 2016, Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company") filed its fourth annual filing under the Rate Review Mechanism ("RRM") Tariff, seeking an increase of $35.4 million system wide. The Executive Committee for the Atmos Cities Steering Committee ("ACSC") was able to negotiate a reduction of $5.5 million resulting in a system wide rate increase of$29.9 million for Atmos Mid-Tex. The City of North Richland Hills, along with a number of other cities served by Atmos Mid-Tex, is a member of the ACSC. The tariffs attached to the Ordinance approve rates that will increase the Company's revenues by $29.9 million for the Mid-Tex Rate Division, effective for bills rendered on or after June 1, 2016. The monthly residential customer charge will increase from $18.60 per month to $19.10 per month. The consumption charge will increase from $0.09931 per Ccf to $0.11378 per Ccf. The impact to the monthly bill for the typical residential customer will be an increase of $1.26, or about 2.43%. The typical commercial customer will see an increase of$3.81, or 1.43%. The ACSC Executive Committee and its designated legal counsel and consultants recommend that all cities adopt the Ordinance with its attachments approving the negotiated rate settlement resolving the 2016 RRM filing, and implementing the rate change. RECOMMENDATION: Approve Ordinance 3414. ORDINANCE NO. 3414 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2016 RATE REVIEW MECHANISM FILINGS; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; REQUIRING THE COMPANY TO REIMBURSE ACSC'S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC'S LEGAL COUNSEL. WHEREAS, the City of North Richland Hills, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a coalition of similarly-situated cities served by Atmos Mid-Tex ("ACSC Cities") that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a new Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program ("GRIP") process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and WHEREAS, on March 1, 2016, Atmos Mid-Tex filed its 2016 RRM rate request with ACSC Cities; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2016 RRM filing through its Executive Committee, assisted by ACSC's attorneys and consultants, to resolve issues identified in the Company's RRM filing; and WHEREAS, the Executive Committee, as well as ACSC's counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of$29.9 million on a system-wide basis; and WHEREAS, the attached tariffs implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC's reasonable expenses associated with RRM applications; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That the findings set forth in this Ordinance are hereby in all things approved. SECTION 2. That the City Council finds that the settled amount of an increase in revenues of $29.9 million on a system-wide basis represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex's 2016 RRM filing is in the public interest, and is consistent with the City's authority under Section 103.001 of the Texas Utilities Code. SECTION 3. That the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment A, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $29.9 million in revenue over the amount allowed under currently approved rates, as shown in the Proof of Revenues attached hereto and incorporated herein as Attachment B; such tariffs are hereby adopted. SECTION 4. That the ratemaking treatment for pensions and other post-employment benefits in Atmos Mid-Tex's next RRM filing shall be as set forth on Attachment C, attached hereto and incorporated herein. SECTION 5. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company's 2016 RRM filing. SECTION 6. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. SECTION 7. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 8. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. SECTION 9. That consistent with the City Ordinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after June 1, 2016. SECTION 10. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LJB Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. AND IT IS SO ORDAINED. PASSED AND APPROVED this 16th day of May, 2016. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Cara White, City Attorney APPROVED AS TO CONTENT: Karen Bostic, Assistant City Manager Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: R—RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 12 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 19.10 per month Rider CEE Surcharge $ 0.02 per month' Total Customer Charge $ 19.12 per month Commodity Charge—All Ccf $0.11378 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a) and Part(b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 'Reference Rider CEE-Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1,2015. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: C—COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 13 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $41.75 per month Rider CEE Surcharge $ 0.02 per month' Total Customer Charge $41.77 per month Commodity Charge—All Ccf $ 0.08494 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a) and Part(b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 1 Reference Rider CEE-Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1,2015. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 14 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 738.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.3096 per MMBtu Next 3,500 MMBtu $ 0.2267 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0486 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a) and Part(b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 15 Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 16 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 738.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.3096 per MMBtu Next 3,500 MMBtu $ 0.2267 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0486 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b)of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of(i)$0.10 per MMBtu, or(ii) 150%of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10%of Customer's receipt quantities for the month. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 17 Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Attachment A MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2016 PAGE: 41 Provisions for Adjustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA; = WNAFi x q;j Where q;j is the relevant sales quantity for the jth customer in ith rate schedule. Attachment A MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2016 PAGE: 42 Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 10.09 0.1392 98.01 0.6440 Austin 11.21 0.1551 203.36 0.8564 Dallas 13.72 0.2048 189.83 0.9984 Waco 9.89 0.1411 129.75 0.6695 Wichita 11.49 0.1506 122.35 0.5967 Falls Weather Normalization Adjustment(WNA) Report On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Attachment B Proof of Revenues File Date:March 1,2016 ATMOS ENERGY CORP.,MID-TEX DIVISION PROPOSED TARIFF STRUCTURE(BEFORE RATE CASE EXPENSE RECOVERY) TESTYEAR ENDING DECEMBER 31,2015 (a) (b) (c) (d) (e) (f) (g) (h) (i) Q) (k) 1 Proposed Change In Rates: $29,603,205 Schedule A 2 Proposed Change In Rates without Revenue Related Taxes: $27,447,850 Ln 1 divided by factor on WP_F-5.1 3 4 5 6 Revenue Requirements Allocations 7 Residential $ 338,431,486 77.95% Per GUD 10170 Final Order 8 Commercial 84,223,622 19.40% Per GUD 10170 Final Order 9 Industrial and Transportation 11,490,316 2.65% Per GUD 10170 Final Order 10 Net Revenue Requirements GUD No.10170 $ 434,145,424 11 12 13 14 15 16 With Proportional Increase all classes but Residential and a 40%residential base charge increase: With Customer Charges Rounded Off and residential base charge increase for 2015 limited to$0.50 per RRM tariff. 17 Proposed Change In Proposed 18 Current Prospective Revenues Proposed Change Revenues Rates Proposed Revenues 19 20 Residential Base Charge $ 18.56 $ 0.48 $ 8,558,622 Residential Base Charge $ 0.52 $ 9,335,278 $ 19.08 $ 339,813,673 21 Residential Consumption Charge $ 0.09931 $ 0.01540 12,837,933 Residential Consumption Charge $ 0.01447 12,061,297 $ 0.11378 94,839,970 22 Commercial Base Charge $ 39.87 $ 1.81 2,662,423 Commercial Base Charge $ 1.83 2,697,162 $ 41.70 61,390,268 23 Commercial Consumption Charge $ 0.08020 $ 0.00480 2,662,423 Commercial Consumption Charge $ 0.00474 2,626,475 $ 0.08494 47,065,984 24 I&T Base Charge $ 697.35 $ 38.03 363,224 I&T Base Charge $ 39.65 378,728 $ 737.00 7,039,815 25 I&T Consumption Charge Tier 1 MMBTU $ 0.2937 $ 0.0166 172,167 I&T Consumption Charge Tier 1 MMBTU $ 0.0159 165,150 $ 0.3096 3,215,747 26 I&T Consumption Charge Tier 2 MMBTU $ 0.2151 $ 0.0121 139,070 I&T Consumption Charge Tier 2 MMBTU $ 0.0116 132,888 $ 0.2267 2,597,042 27 I&T Consumption Charge Tier 3 MMBTU $ 0.0461 $ 0.0026 51,988 I&T Consumption Charge Tier 3 MMBTU $ 0.0025 49,955 $ 0.0486 971,117 28 $ 27,447,850 1 1 $ 27,446,933 $ 556,933,616 29 WP J-5 Page 2 of 4 Attachment C File Date:March 1,2016 ATMOS ENERGY CORP.,MID-TEX DIVISION PENSIONS AND RETIREE MEDICAL BENEFITS ADJUSTMENT TEST YEAR ENDING DECEMBER 31,2015 Shared Services Mid-Tex Direct Post- Post- Pension Retirement Pension Supplemental Retirement Line Account Plan Medical Plan Account Plan Executive Benefit Medical Plan Adjustment No. Description "PAP") ("FAS 106" "PAP" Plan "SERP" "FAS 106" Total (a) (b) (c) (d) (e) (f) (g) 1 Fiscal Year 2016 Towers Watson Report as adjusted(1),(3) $ 5,101,680 $ 2,896,450 $ 7,840,683 $ 150,433 $ 4,466,430 2 O&M Expense Factor(2) 96.41% 96.41% 37.42% 20.77% 37.42% 3 Fiscal Year 2016 Actuarially Determined O&M Benefits(Ln 1 x Ln 2) $ 4,918,540 $ 2,792,473 $ 2,933,599 $ 31,249 $ 1,671,119 4 Allocation to Mid-Tex(2) 40.56% 40.56% 71.52% 100.00% 71.52 5 Mid-Tex Benefits Expense Included in Rates-Proposed(Ln 3 x Ln 4) $ 1,995,016 $ 1,132,659 $ 2,098,222 $ 31,249 $ 1,195,248 $ 6,452,393 6 Mid-Tex Benefits Expense per GUD 10359 and RRM Test Year Ending 7 December 31,2014 Benchmark(4) $ 2,831,859 $ 2,013,260 $ 2,925,600 $ 34,809 $ 2,695,721 $ 10,501,250 8 9 Test Year Adjustment(Line 5 minus Line 7) $ (836,844) $ (880,601) $ (827,379) $ (3,561) $ (1,500,472) $ (4,048,856) 10 11 Adjustment Summary: 12 Account922 $ (836,844) $ (880,601) $ - $ - $ - $ (1,717,445) 13 Account926 (827,379) (3,561) (1,500,472) (2,331,412) 14 Total(Ln 12 plus Ln 13) $ (836,844) $ (880,601) $ (827,379) $ (3,561) $ (1,500,472) $ (4,048,856) 15 16 17 Notes: 18 1.Studies not applicable to Mid-Tex or Shared Services are omitted. 19 2.The factors on Lines 2 and 4 are based on the factors in 2016 RRM(Test Year Ending December 31,2015). 20 3.SSU amounts exclude cost centers which do not allocate to Mid-Tex for rate making purposes. 21 4.GUD No.10359 is the benchmark for January-May which is the same benchmark as used in the RRM TYE December 31,2014 for June-December. W P_F-2.3 Page 1 of 2 Attachment C ATMOS ENERGY CORP.,MID-TEX DIVISION PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL TESTYEAR ENDING DECEMBER 31,2015 Shared Services Mid-Tex Direct Pension Post-Retirement Pension Supplemental Post-Retirement Line Account Plan Medical Plan Account Plan Executive Benefit Medical Plan Adjustment No. Description ("PAP") ("FAS 106") ("PAP") Plan("SERP") ("FAS 106") Total (a) (b) (c) (d) (e) (f) (g) Fiscal Year 2016 Towers Watson Report(excluding Removed Cost 1 Centers) $ 5,101,680 $ 2,896,450 $ 7,840,683 $ 150,433 $ 4,466,430 2 Allocation to Mid-Tex 40.56% 40.56% 71.52% 100.00% 71.52 FY16 Towers Watson Benefit Costs(excluding Removed Cost 3 Centers) Allocated to MTX(Ln 1 x Ln 2) $ 2,069,299 $ 1,174,833 $ 5,607,955 $ 150,433 $ 3,194,561 4 O&M and Capital Allocation Factor 100.00% 100.00% 100.00% 100.00% 100.00 FY16 Towers Watson Benefit Costs To Approve(excluding 5 Removed Cost Centers)(Ln 3 x Ln 4) $ 2,069,299 $ 1,174,833 $ 5,607,955 $ 150,433 $ 3,194,561 $ 12,197,081 6 7 8 Summary of Costs to Approve: 9 10 Total Pension Account Plan("PAP") $ 2,069,299 $ 5,607,955 $ 7,677,254 11 Total Post-Retirement Medical Plan("FAS 106") $ 1,174,833 $ 3,194,561 4,369,394 12 Total Supplemental Executive Retirement Plan("SERP") $ 150,433 150,433 13 Total(Ln 10+Ln 11+Ln 12) $ 2,069,299 $ 1,174,833 $ 5,607,955 $ 150,433 $ 3,194,561 $ 12,197,081 14 15 16 O&M Expense Factor 96.41% 96.41% 37.42% 20.77% 37.42 17 18 Expense Portion(Ln 13 x Ln 16) $ 1,995,016 $ 1,132,659 $ 2,098,222 $ 31,249 $ 1,195,248 $ 6,452,393 19 20 Capital Factor 3.59% 3.59% 62.58% 79.23% 62.58 21 22 Capital Portion(Ln 13 x Ln 20) $ 74,283 $ 42,174 $ 3,509,733 $ 119,184 $ 1,999,313 $ 5,744,687 23 24 Total(Ln 18+Ln 22) $ 2,069,299 $ 1,174,833 $ 5,607,955 $ 150,433 $ 3,194,561 $ 12,197,081 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 16, 2016 SUBJECT: Announcements PRESENTER: Council member Lombard GENERAL DESCRIPTION: At each Council meeting a member of the governing body announces upcoming events in the City and recognizes an employee that exemplifies the City's core values. Announcements: City Hall and other non-emergency City offices will be closed on Monday, May 30th for the Memorial Day holiday. The NRH Centre, Iron Horse Golf Course and NRH2O Family Water Park will be open on Memorial Day. Garbage and recycling will be collected as normal. A project to improve Rufe Snow Drive between Mid Cities and Ridgetop Road will begin soon. The project includes reconstruction of the existing 5 lane roadway to 7 lanes, along with sidewalk and intersection improvements. Motorists should expect lane closures beginning in early June, with one lane will remaining open in each direction throughout the project. Construction is expected to take about 22 months to complete. Watch for more information about the project on the city's website. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Cindy Garvin in the Planning & Development Department — A contractor emailed his appreciation for Cindy's assistance throughout the permit and inspection process. He said, "In a day when so many people just do enough to get by, it is refreshing to work with someone that goes the extra mile to get the job done. She is a blessing to your organization."