HomeMy WebLinkAboutOrdinance 3493 ORDINANCE NO. 3493
CASE SUP 2017-12
AN ORDINANCE OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, AMENDING THE COMPREHENSIVE
PLAN AND THE COMPREHENSIVE ZONING
ORDINANCE BY APPROVING A SPECIAL USE
PERMIT TO AUTHORIZE THE CONSTRUCTION OF A
60-FOOT TALL COMMUNICATION TOWER;
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING
FOR SEVERABILITY; ESTABLISHING A PENALTY;
PROVIDING FOR SAVINGS; 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 has previously passed an ordinance adopting a
Comprehensive Land Use Plan Map as the primary document on which to
base all zoning, platting, and other land use decisions; and
WHEREAS, the Zoning Ordinance of the City of North Richland Hills requires the
issuance of a Special Use Permit for a communications tower; and
WHEREAS, the owner of the property located in the 6400 block of Smithfield Road (the
"Property") has filed an application for a Special Use Permit to allow a
communications tower; and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on January 4, 2018, and the City Council of
the City of North Richland Hills, Texas, held a public hearing on January 8,
2018, with respect to the Special Use Permit described herein; and
Ordinance No. 3493
SUP 2017-12
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 rezoning 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 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 construction of a
60-foot tall communication tower in the railroad right-of-way, described as
a portion of Tract 16, John H. Barlough Survey, Abstract 130, as
described and shown on Exhibit "A," attached hereto and incorporated for
all purposes.
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 Land Use and
Development Regulations, set forth in Exhibit "B," and the Site Plan
Exhibits, set forth in Exhibit "C," both of which are attached hereto and
incorporated for all purposes.
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.
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
Ordinance No. 3493
SUP 2017-12
Page 2 of 4
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 following
publication as required by Section 9 hereof.
AND IT IS SO ORDAINED.
PASSED on this 8th day of January, 2018.
Ordinance No. 3493
SUP 2017-12
Page 3 of 4
CITY OF NORTH I HLAND HILLS
By:
*scar Trevi, ., Mayor
+ift1!fjji/1,;J1
ATTEST: ,
Alicia Richardson, City S€rdr'etary h •
APPROVED AS TO FORM AN t' .E ALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Clayton Co stock, Planning Manager
Ordinance No. 3493
SUP 2017-12
Page 4 of 4
Exhibit A—Property Description—Ordinance No. 3493
Special Use Permit Case SUP 2017-12
Portion of Tract 16,John H. Barlough Survey,Abstract 130
6400 block Smithfield Road, North Richland Hills,Texas
Being a portion of a tract of land situated in the JOHN H. BARLOUGH SURVEY, ABSTRACT NUMBER 130,
being a part of Tract 16, east of Smithfield Road and north of Mid-Cities Boulevard, with the specific site
being located at Latitude 32.865278 Longitude-97.210694.
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Exhibit B-Land Use and Development Regulations—Ordinance No.3493
Special Use Permit Case SUP 2017-12
Portion of Tract 16,John H. Barlough Survey,Abstract 130
6400 block Smithfield Road, North Richland Hills,Texas
This Special Use Permit (SUP) shall adhere to all the conditions of the North Richland Hills Code
of Ordinances, as amended, and the base zoning district of TOD Transit Oriented Development.
The following regulations shall be specific to this Special Use Permit. Where these regulations
conflict with or overlap another ordinance, easement, covenant or deed restriction, the more
stringent restriction shall prevail.
A. Permitted Land Uses. The uses authorized by this Special Use Permit shall be limited the
following:
1. Communication tower
B. Site development standards. Development of the property shall comply with the
development standards of the TOD Transit Oriented Development zoning district and the
standards described below.
1. The location of the tower and ancillary equipment shall be as shown on the site plan
attached as Exhibit "C".
2. The height of the tower must not exceed sixty (60) feet in height.
C. Administrative Approval of Site Plans. Site plans that comply with all development-related
ordinances and this Ordinance shall be administratively approved by the City Development
Review Committee. Substantial deviations or amendments from the development standards
or site plan, as determined by the City Manager or his/her designee, shall require a revision
to the approved special use permit in the same manner as the original.
Exhibit C - Site Plan Exhibits - Ordinance No. 3493 - Page 1 of 8
Scope of Work for Communication Tower Installation at Smithfield Station.
Project:TEX Rail Commuter Rail Line
Subject:Communication Tower at Smithfield Station
Description of Work:
The TEX Rail Radio Subsystem is to provide voice communication between the Rail Control Centers to
the trains and maintenance personal (within a 1 mile of the right of way)along the TEX Rail corridor.
Portion of the Right of Way(ROW)is shared with Trinity Railway Express(TRE),another portion is shared
with Fort Worth&Western Railroad(FWWR),and two portions of the ROW are under exclusive use of
TEX Rail.
Communication tower install consist of a 60'tilt-down type tower installed on a 10' helical drill in
foundation.This tower is to be installed on TEX Rail right-of-way at Smithfield Station.in conformance
with all TEX Rail contract specifications,standards&safety requirements.
Objective:
The TEX Rail Radio Subsystem shall provide coverage for 98%of the alignment for 99%of the time.This
is to be achieved by three 160MHz base stations located along the alignment with one of the base
station locations at Smithfield Station.The other two locations are CP Grapevine West and Northside
station. Each of the 3 towers are standalone towers,this is due to the coverage design,the
specifications it must meet for installation,its shared usage with other class 1 railroads.
Tasks:
Installation consists of first installing 10'tower foundation that is drilled by augur motor attachment to a
required torque value.The use of this type of foundation eliminates the need for open excavation and
provides minimal impact to native soil.
Next,the 60'tilt-down type tower is installed onto foundation.The tower base has a hinge-type pivot
that allows the tower to be mounted while laying horizontally on the ground then raised by telescoping
fork-lift or back-hoe after base is attached to foundation.Use of tilt-down style towers allows for safe
and efficient antenna installation and maintenance by using ratchet system to lower tilt portion of
antenna while working.
Last,a trench is excavated approximately 30"in depth from tower location to house—approximately
30'.A 2"flexible,liquid tight conduit is installed into trench and backfilled.
Exhibit C - Site Plan Exhibits - Ordinance No. 3493 - Page 2 of 8
Northside Station—The communication tower's proposed location is approximately at STA 30008+00.It
shall be installed in a location that is at least 30'minimum to the east of the Communication Facility
building.
Groun
d
Sit Longitud De Mi De Mi Elev. Tower
e# Site Name Latitude e g n Sec g n Sec (ft) type
North Side 32.7953 97.3379 32 47 44' -97 20 18' 60-foot,
1 Station 78 89 559 tilting
Smithfield 32.8652 97.2106 32 51 �' -97 12 35 60-foot,
2 Station 78 94 645 tilting
Grapevine 32.9333 97.0804 32 55 58' -97 5 2.3 60-foot,
3 West 98 72 9 636 tilting
Exhibit C - Site Plan Exhibits - Ordinance No. 3493 - Page 3 of 8
XORAIL RADIO SUBSYSTEM DESIGN NARRATIVE
. PURPOSE
The purpose of this document is to provide the Fort Worth Transit Authority(FWTA)with an understanding
of the system design,components,and integration approach being proposed for the 160 MHz Radio
Subsystem. The ultimate goal is to provide a radio system which completely meets the specifications and
intent for reliable voice radio service on and near the TEXRai1 right-of-way.
2. REFERENCE MATERIAL
Section 16870 Radio Subsystem(and the specifications/standards cited therein)
Section 16863 Control Center Integrated Voice Communication Subsystem(and the specifications/standards
cited therein)
RF coverage analysis document: Appendix G-TEXRaiI 160 MHz Analysis v3 0 20170918.pdf
3. SYSTEM DESIGN
3.1. RF COVERAGE ANALYSIS
An RF coverage analysis was performed using EDX SignalPro to determine what hardware and
configuration are needed to achieve a delivered audio quality(DAQ)of 3.4 on the entire right-of-way
(ROW)and one mile in each direction from the ROW.1 The analysis indicated that the coverage goal
could be met by building radio base stations at: 1)North Side Station,2)Smithfield station,and 3)
Control Point(CP)Grapevine West. More detail is presented in the coverage analysis document
"TEXRai1 160 MHz Analysis v3 0 20170918.pdf',submitted in Appendix G.
3.2. FREQUENCY PLANNING
The frequencies needed to provision the base stations will be issued by the AAR frequency
coordinator,Transportation Technology Center Inc.(TTCI). The channel plan will be evaluated by
TTCI using their Planet prediction tool,and independently verified by Xorail using EDX SignalPro.
The radios can be operated on carrier squelch for the sake of interoperability—though coded squelch
should also be considered.
While an over-the-air repeater was originally envisioned to repeat a voice traffic on the entire right-
of-way(ROW),such a repeater and its cavity duplexer system would not be quickly retuneable to
operate on THE channels on an emergency basis. As an alternative,two 160 MHz band voice
channels will be requested from the frequency coordinator. Channel#1 would be used at North Side
Station,and re-used at Grapevine West;channel#2 would be used at Smithfield.
3.3. SYSTEM OPERATION
The radio subsystem would operate on 12.5 kHz-wide channels,using analog frequency modulation
(FM)for the sake of interoperability with other railroads operating on the TEXRai1 right-of-way. To
send audio to a train on the ROW,the dispatcher would typically transmit simultaneously(i.e.
multicast)on all three base stations,causing each base station to transmit on its own assigned
frequency. The locomotive(or vehicle)radio would hear the call anywhere on or near the ROW.
Transmitting from the train to the dispatcher can be more complicated. On a two-channel frequency
plan(described in the paragraph above),the train engineer would have to manually switch the radio to
1 Radio coverage past the right-of-way is subject to approval by the AAR frequency coordinator.
File Name: Version:2.3 Page:4 of 9
16870 Radio Subsystem Design Narrative v2 3 20171023.docx
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Star-Telegram
MEDIA
Arlington Citizen-Journal I The Keller Citizen I La Estrella
Mansfield News-Mirror I r° • - ry Northeast I'` atherford Star-Telegram
star-telegram.com 1 808 Throckmorton St.I Ft Worth.Tx.76102-6315 1 800.776.7827
AFFIDAVIT OF PUBLICATION
Account# Ad Number Identification PO Amount Cols Depth
600579 0003474085 CITY OF NORTH RICHLAND HILLS ORDINANC
i I $75.60 1 45.00 Li
Attention: traci henderson THE STATE OF TEXAS
CITY OF NORTH RICHLAND HILLS County of Tarrant
PO BOX 820609
NORTH RICHLAND HILLS, TX 761820609 Before me, a Notary Public in and for
said County and State, this day
personally appeared CHRISTINE
CITY LOPEZ, Bid and Legal Coordinator
ORD NANCEINOL3g93HILLS for the Star-Telegram, published by
A TEXAS ANR CHLgNpA CITY OF I
the Star-Telegram, Inc.
at Fort
PREHENSIVE Np ING THE CIOM' Worth, in Tarrant County, Texas; and
DCOMPREHENSIVE ZON NG ORE who, after being duly sworn, did
PECIALEUBE PAPP O VIN A
THORIZE T q depose and say that the attached
CATION FOOT Tq. COMMIUINN cli In of an advertisement was
TOWER; PP 9
THAT THIS ORDINDTAlNe DIN published In the above named paper
BE CUMULATIVE OF ALL ORDI-
EVERA PROVIDING On the listed dates:
SEVERABILITY• ESTABLISHING
A PENALTY; PROVIDING FOR
SA PURL CATION ROVIDING
AN EFF AND PROVID1OR
ECTIVE DgTE, NG
Any Person,firm or corporation vi-
2 Insertion(s)
olating any provision of the Zen_
109 Ordinance and the zoning Published On:
and H the City of North Rich-
shall bells as amended January 11,2018,January 12,2018
deemed guilt hereby
demeanor and u y°f Chao thereof pon final Convic-
not fined in an amount
not exceed Two Thousand
any SuchtS2'000.00). Each day
lowed to continue shall be al_
tute a separate shall consti-
tute and
Passed and approved on this 8th
/s/Oscar Trevino'2018.
Oscar Trevino-Mayor
ATTEST:/s/Alicia Richardson
Alicia Richardson-City Secretary
APPROVED AS TO FORM AND LE-
GALITY:
/s/Maleshia B.McGinnis
I Maleshia B. McGinnis,
City gttor-
(Principal Clerk)
SUBSCRIBED AND SWORN TO
BEFORE ME,THIS 16th day of
January in the year of 2018
I 411111110. t c4)
IF
Notary Public
``"VI/ ii LESLIE BUCKLEY
°.' �:Notary Public,State of Texas
*i; iT- Comm. Expires 09-24-2021
-',,,7,;,,,,'F t Notary ID 128058260