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CC 2019-09-23 Agendas
k4Ft, D HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, SEPTEMBER 23, 2019 WORK SESSION: 6:00 PM Held in the Council Workroom CALL TO ORDER 1 Discuss items from regular Citv Council meeting. 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 ® Pending or contemplated litigation involving 4916 Eldorado Drive for violations o City of North Richland Hills Health and Safety Ordinances which are enforceable under Chapter 54 of the Texas Local Government Code and Chapter 15 of the Texas Civil Practice and Remedies Code Monday, September 23, 2019 City Council Agenda Page 1 of 6 2. Section 551.087: Deliberation regarding economic development neqotiations - City Point Addition, Block 1 Lot 2- Block 2 Lots 1A and 1 B; and Block 3, Lot 1 3. Section 551.074: Personnel matters to deliberate- the employment, evaluation, and duties of public employees - City Attorney. REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers A. CALL TO ORDER A.1 INVOCATION - COUNCIL MEMBER TURNAGE A.2 PLEDGE - COUNCIL MEMBER TURNAGE A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 Receive update on TEXRail and Trinity Metro - Bob Baulsir, President A.4 CITIZENS PRESENTATION An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the City Council during citizens presentation, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.5 PUBLIC COMMENTS An opportunity for citizens to address the City Council on matters which are scheduled on this agenda for consideration by the City Council, but not scheduled as a public hearing. In order to address the City Council during public comments, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approv�erNinutes of the August 26, 2019 regular City Council meetings,. B.2 Approve minutes of the Auqust 29, 2019 special City Council meeting,. Monday, September 23, 2019 City Council Agenda Page 2 of 6 B.3 Authorize the City Manager to execute a cooperative purchasing agreement with the City of Panorama Villaqe for slurry sealinq. BA Approve Resolution No. 2019-037, adopting Hart Intercivic Verity System v 2.3.1 as the voting system for all forms of votinq in Tarrant Count B-5 AP 019®0 Consideration of a request from ClayMoore Engineering for an amended plat o Lot 6 1, look 1, Smithfield Corners, being 2.213 acres located at 8210 Mid-Cities Boulevard. B-6 PP 2019-03 Consideration of a request from JBI Partners,_ Inc. for a preliminary plat o ometown Canal District Phase 6 being 15.393 acres located at the southeast corner o! Dfjdge Street and Parker Boulevard. B-7 Authorize the City Manager to execute the renewal of the interlocal agreement with the cities of North Richland_Klls,_Haltorn QitL_Pgtauga' and Richland Hills for the Teen Court C. PUBLIC HEARINGS C-1 ZQ 2019-14, Ordinance No. 3602.,. Public hearing and consideration of a request from Charles and Ellen Rheiniaender for a zoning change from AG Agricultural to ® Single-Family R sidential at 6812 Smithfield Road, being 1.089 acres described as Tract_lA,_ John M Crockett Survey, Abstract 273. C.2 ZQ 2018-23, Ordinance No. 3603.,. Public hearing and consideration of a request from Builders Funding Mgt LP for a zoning change from AG Agricultural and R:1LSS2edal_ Single-Family to ® Single-Family Residential at 7109-7201 Eden Road and 8751 Hiqhtower Driyg, bein 9.982 acres described as Lot J., Block 17, Ston�ebrooke Addition, Tracts 4131 and 4E, JB dens Survey, Abstract 499. C.3 SUP 2019-09, Ordinance No. 3624, Public hearing and consideration of a reguest from uil ers Funding Mgt LP for a special use permit for detention/retention storage facilities at 7109-7201 Eden Road and 8751 Hightower Drive, being 9.982 acres described as Lot 1, Block 17, Stgn2ybrooke Addition, and Tracts 4131 and 4EJB dens Sure, Abstract 499. Monday, September 23, 2019 City Council Agenda Page 3 of 6 CA RP 2019-06 Consideration of a request from Kirnley® orn for a Davis-North Tarrant Parkway Addition, being 6.067 acres located in the 8300 block of Davis Boulevard. D. PLANNING AND DEVELOPMENT D-1 FP 2019-09 Consideration of a request from Charles and Ellen. Rheiniaender for a final plat of Lot 3, Block 2, Smithfield Addition, 1.089 acres located at 6812 Smithfield Road. D-2 PP 2018-05 Consideration of a request from Builders Funding Mgt LP for 2preiiminar� pint of Eden Estates, being 9.98 acres located at 7109-7201 Eden Road and 8751 Hightower rive. D-3 FP 2019-05 Consideration of a request from Builders Funding Mgt LP for a final pint of Eden states, being 9.93 acres located at 7109-7201 Eden Road and 3751 H i ghjgALL QLiyg, a n d associated Detention/Retention Storage Facility Maintenance Agreement. DA FP 2019-04 Consideration of a request from Beaten Path De ® Urban Trails Cottages LLC for a final pint of urban Trails being 5.52acres located at the southwest corner of Mid-Cities Boulevard and Holiday Lane. E. PUBLIC WORKS F. GENERAL ITEMS F-1 Consider Ordinance No. 3605, amending Chapter 98 of the North Richland Hills Code of Ordinances adopting the 2018 International Residential Code with amendments. F-2 Consider Ordinance No. 3606, amending Chapter 98 of the North Richland Hills Code of Ordinances adoptinq the 2018 International Mechanical Code with amendments. F-3 Consider Ordinance No. 3607,_ amending Chapter 98 of the North Richland Hills Code of Ordinances adopting the 2018 International Buj!�ing Code with amendments. Monday, September 23, 2019 City Council Agenda Page 4 of 6 F-4 Consider Resolution No. 2019-933, setting a public hearing Section 311.003of the Texas Tax Code for the creation of a Tax Increment Reinvestment Zone within the City of North Richland Hills., Texas; and authorizing the issuance of notice by the City Secretary of North Richlanq_UjqsL, Texas regarding the public hearing. F-5 Consider Resolution No. 2 0 12zg39, approving and authorizing publication of Notice of Intention to Issue Certificates of Obligation in an amount not to exceed $ F-6 Consider Reimbursement Resolution No. 2019-040 for the Fiscal Year 2019/2020 Capital Improvement Program and associated equipment and services in an amount not to exceed $9,850 000. F-7 Consider Resolution No. 201 LgAL2ggblishing the 2020 Capital Program Advisory Committee and appointing members to such committee. 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 COMPTON 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, September 20, 2019 by 3:00 PM. City Secretary Monday, September 23, 2019 City Council Agenda Page 5 of 6 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, September 23, 2019 City Council Agenda Page 6 of 6 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2019 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: September 23, 2019 SUBJECT: Approve minutes of the August 26, 2019 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: Approve minutes of the August 26, 2019 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 IN THE CITY HALL 4301 CITY POINT DRIVE AUGUST 26, 2019 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 26th day of August at 5.30 p.m. in the City Council Workroom prior to the 7.00 p.m. regular City Council meeting. Present: Oscar Trevino Mayor Rita Wright Oujesky Mayor Pro Tern Tito Rodriguez Council, Place 1 Suzy Compton Council, Place 3 Vacant Council, Place 4 Mike Benton Council, Place 5 Tim Welch Council, Place 7 Absent: Scott Turnage Council, Place 6 Staff Members: Mark Hindman City Manager Paulette Hartman Deputy City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Alicia Richardson City Secretary Maleshia B. McGinnis City Attorney CALL TO ORDER Mayor Trevino called the meeting to order at 5.30 p.m. 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. City Council had no questions for staff. 2. REVIEW OF LOCAL ACTIONS NECESSARY AS A RESULT OF THE 86TH TEXAS STATE LEGISLATURE. Assistant City Manager Karen Bostic informed City Council the Texas 86th Legislative Session ended May 27, 2019. During the session, 7,500 bills were introduced and 1,437 of the bills passed. This legislative session included over 2,000 bills related to August 26, 2019 City Council Meeting Minutes Page 1 of 12 municipalities and 330 of the bills passed. The number of bills this year are significantly higher than those in past legislative sessions. City Attorney Maleshia B. McGinnis provided City Council with an overview of House Bill 2840 that pertains to the right of the public to speak at an open meeting and Senate Bill 944 regarding temporary custodian of records. House Bill 2840 allows any member of the public to address the body regarding an item on any public meeting agenda before or during the consideration of the item. The bill allows a municipality to establish rules regarding procedure, to include time limits. The current City's Code of Ordinances regarding Rules of Procedure limits comments by the public during City Council meeting to (1) citizen presentations or (2) matters listed as a public hearing. The Rules of Procedure allow a member of the public to speak on matters not listed as a public hearing at the discretion of the City Council. Staff is seeking direction from City Council to amend the Rules of Procedure to comply with House Bill 2840. The City Council may take public comments on any item posted on the agenda before the item is considered or during consideration of the item. Ms. McGinnis informed City Council if a request to speak pertains to an item on the consent agenda that item would need to be removed from the consent agenda and considered separately. City Council discussed the advantages and disadvantages of having public comments listed at the beginning of the agenda or taking public comments with each item posted on the agenda. In response to Mayor Pro Tern Wright Oujesky's question, Ms. McGinnis confirmed the City Council can still limit comments from the public to three minutes. Ms. McGinnis advised City Council that House Bill 2840 also applies to items posted for work session. In response to Mayor Trevino's question, Ms. McGinnis confirmed that City Council can change the practice of hearing public comments at the beginning of the posted agenda to hearing public comments with the posted agenda item. Ms. McGinnis informed City Council that Senate Bill 944 designates current and former officers or employees of a governmental body who maintain public information on a privately owned device as a temporary custodian. The bill requires temporary custodians to forward or transfer information to the governmental body to be preserved in accordance with applicable retention schedules or preserve information in its original form on a back up or archive the privately owned device, subject to applicable retention schedules. The City Manager's Office is evaluating options to address the changes in the law. August 26, 2019 City Council Meeting Minutes Page 2 of 12 City Manager Mark Hindman advised that staff will ensure City Council members have city email accounts. Municipal Court Administrator Rebecca Vinson provided City Council with an update on legislative changes in Municipal Court. House Bill 1528 requires additional reporting requirements that involve family violence. Municipal Court is required to report offender's citation or arrest and case disposition to Department of Public Safety using a uniform incident fingerprint card or an alternative electronic fingerprinting method. House Bill 2048 repeals the Driver Responsibility Program (DRP), created in 2003. The bill suspended drivers licenses for nonpayment of DRP surcharges. House Bill 2048 will waive any outstanding surcharges as of September 1, 2019, and the Department of Public Safety is required to reinstate any license suspended solely due to nonpayment of DRP surcharges. The suspensions will remain on driver records. Senate Bill 21 increases the minimum age to purchase or possess tobacco products from 18 to 21. The maximum fine for breaking the law is reduced from $250.00 to $100.00. The exemptions include active military of 18 years or older and individuals who turned 18 before September 1, 2019. Senate Bill 346 significantly changes the collection of court costs and increases the consolidated state court cost fee from $40.00 to $62.00. The bill creates a consolidated local fee of $14.00 for four restricted funds: (1) security fund, $4.90; (2) truancy and prevention and diversion funds, $5.00; (3) court technology fund, $4.00; and (4) municipal jury fund, $0.10. Director of Planning Clayton Comstock provided an overview of House Bill 2439 regarding building materials and House Bill 3167 regarding timeline to process plan(s) pursuant to Chapter 212, Subchapter A of the Local Government Code. House Bill 2439 states that a municipality may not adopt or enforce a rule, ordinance, order, or building code that prohibits or limits the use or installation of a building product or material in the construction, renovation, maintenance or other alteration of a residential or commercial building, if the building product or material is approved for use by a national model code published within the last three code cycles (2012, 2015 and 2018). The bill also states that a municipality may not adopt or enforce a rule, ordinance, order, or building code that establishes a standard for a building product, material, or aesthetic method in construction, renovation, maintenance, or other alteration of a residential or commercial building if the standard is more stringent than a standard for the product, material, or aesthetic method under a national model code published with the August 26, 2019 City Council Meeting Minutes Page 3 of 12 last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building. Mr. Comstock reviewed examples of home exterior materials allowed by the 2018International Residential Code (IRC). Mr. Comstock informed City Council the following regulations are unaffected: commercial articulation and ornamentation standards, roof pitch, architectural features, mechanical screening, signs, landscaping, screening walls and color. Staff is still reviewing outdoor lighting. Mr. Comstock informed City Council all references to building material standards will remain in place and the zoning ordinance will include verbiage that establishes all references to building materials as guidelines, unless otherwise authorized through change in state law or case law. Staff expects the biggest impact to be accessory buildings, additions/remodels, and carports. The most noticeable impact will be commercial and church buildings located on major thoroughfares. Mr. Comstock commented that staff is exploring new material-neutral design standards. Mr. Comstock informed City Council House Bill 3167 revised Chapter 212, Subchapter A, Local Government Code. More specifically, Section 212.009 includes "plan" to the approval procedure in which a municipality must approve, approve with conditions, or disapprove a plan or plat within 30 days after the date the plan or plat is filed. If city ordinance requires a plan or plat to be approved by the governing body of the municipality in addition to the Planning and Zoning Commission, the governing body shall approve, approve with conditions, or disapprove the plan or plat with 30 days after approval by the Planning and Zoning Commission. The bill defines "plan" as a subdivision development plan, including a subdivision plan, subdivision construction plan, site plan, land development application, and site development plan. Mr. Comstock commented that it also includes preliminary plat. Mr. Comstock reviewed the timeline for approvals and disapprovals. Preliminary plats will be included on City Council agendas. Mr. Comstock informed City Council that House Bill 3167 does not apply to site plans, concept plans, special use permits, or zoning changes. EXECUTIVE SESSION 1. SECTION 551.087: DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS - CITY POINT ADDITION, BLOCK 1, LOT 2; BLOCK 2, LOTS 1A AND 1 B; AND BLOCK 3, LOT 1 2. SECTION 551.072: DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY - APPROXIMATELY 29,250 SQUARE FEET (0.67 ACRE) OF RIGHT-OF-WAY FOR NANCY LANE IN THE 4700 AND 4800 BLOCK BETWEEN SHORT STREET AND NORTHEAST LOOP 820. Mayor Trevino announced that City Council would convene to Executive Session following the regular agenda. Mayor Trevino adjourned work session at 6.32 p.m. August 26, 2019 City Council Meeting Minutes Page 4 of 12 REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order August 26, 2019 at 7.13 p.m. Present: Oscar Trevino Mayor Rita Wright Oujesky Mayor Pro Tern Tito Rodriguez Council, Place 1 Suzy Compton Council, Place 3 Vacant Council, Place 4 Mike Benton Council, Place 5 Tim Welch Council, Place 7 Absent: Scott Turnage Council, Place 6 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Maleshia B. McGinnis City Attorney A.1 INVOCATION Mayor Pro Tern Wright Oujesky gave the invocation. A.2 PLEDGE - MAYOR PRO TEM WRIGHT OUJESKY Mayor Pro Tern Wright Oujesky led the pledge of allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) There were no items for this category. A.4 CITIZENS PRESENTATION There were no requests to speak from the public. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED August 26, 2019 City Council Meeting Minutes Page 5 of 12 A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY COUNCIL MEMBER BENTON TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 5-0. B.1 APPROVE MINUTES OF THE REGULAR AUGUST 12, 2019 CITY COUNCIL MEETING. C. PUBLIC HEARINGS CA ZC 2019-10, ORDINANCE NO. 3596, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM LINDA BURKET FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R-1 SINGLE-FAMILY RESIDENTIAL AT 6809 CRANE ROAD, BEING 1.29 ACRES DESCRIBED AS TRACT 8D, TANDY K MARTIN SURVEY, ABSTRACT 1055. APPROVED Mayor Trevino opened the public hearing and called on Principal Planner Clayton Husband to introduce the item. Mr. Husband informed City Council the applicant is requesting a zoning change for 1.29 acres located at 6809 Crane Road. The area is designated on the Comprehensive Land Use Plan as low density residential and the current zoning is agricultural. Mr. Husband provided site photos of the property. Applicant representative Linda Burket, 2416 Cameron Court, Irving, Texas, informed City Council the request to rezone property into three lots would allow her and two sisters to construct homes for each of them. Ms. Burket commented that each home will meet the minimum requirements of 2,300 square feet. Mr. Husband presented staff's report. The plat associated with this request will come forward a future date. The Planning and Zoning Commission, at their August 15, 2019 meeting, recommended approval with a vote of 5-0. Mayor Trevino asked the City Secretary to call on those who completed a public meeting appearance form to speak during the public hearing. There being no forms submitted, Mayor Trevino asked if there was anyone in the audience wishing to speak for or against the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. August 26, 2019 City Council Meeting Minutes Page 6 of 12 A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY MAYOR PRO TEM WRIGHT OUJESKY TO APPROVE ORDINANCE NO. 3596 MOTION TO APPROVE CARRIED 5-0. C.2 ZC 2019-12, ORDINANCE NO. 3597, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JAMES AND LINA PIERSON FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R-1-S SPECIAL SINGLE-FAMILY AT 9000 KIRK LANE, BEING 5.935 ACRES DESCRIBED AS TRACTS 15A3, 15A3A, AND 15A8, STEPHEN RICHARDSON SURVEY, ABSTRACT 1266. APPROVED Mayor Trevino opened the public hearing for ZC 2019-12 and called on Director of Planning Clayton Comstock to present items C.2 and D1. Mr. Comstock informed City Council the applicant is requesting a zoning change for 5.935 acres located at 9000 Kirk Lane. The area is designated on the Land Use Plan as low density residential and the current zoning is agricultural. Mr. Comstock provided site photos of the property. Applicant Lina Pierson, 9000 Kirk Lane, informed City Council the requests before them this evening is to rezone the property to R-1-S and to divide the property into two lots. The properties will be sold to two buyers. Mr. Comstock presented staff's report. The Planning and Zoning Commission, at their August 15, 2019 meeting, recommended approval with a vote of 5-0. Mayor Trevino asked the City Secretary to call on those who completed a public meeting appearance form to speak during the public hearing. There being no forms submitted, Mayor Trevino asked if there was anyone in the audience wishing to speak for or against the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. A MOTION WAS MADE BY COUNCIL MEMBER BENTON, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE ORDINANCE NO. 3597. MOTION TO APPROVE CARRIED 5-0. C.3 CONDUCT A PUBLIC HEARING ON FISCAL YEAR 2018/2019 REVISED BUDGET AND FISCAL YEAR 2019/2020 PROPOSED BUDGET. August 26, 2019 City Council Meeting Minutes Page 7 of 12 Mayor Trevino opened the public hearing and called on City Manager Mark Hindman to make introductory comments. Mr. Hindman informed Council a copy of the proposed budget is available at the library and on the city's website. The city's sales tax revenue is flattening due to ecommerce. The State of Texas provided a tax break to franchise companies, which decreased revenues to the city by approximately $238,000. This dollar amount is equal to approximately 1.5% of property taxes. The 2019/2020 proposed budget has an increase of 3.9% from the previous year. The proposed budget includes a 2% salary increase for general employees and a step increase for public safety personnel. Mr. Hindman informed City Council there are four vacancies (two public safety officers, planning technician and park planner) that will remain vacant. The decrease in sales tax revenue has had an impact on the Crime Control and Prevention District and Parks and Recreation Facilities Development Corporation. This will be the first year for the general fund to subsidize the Crime Control and Prevention District to maintain operations. The utility fund has transferred funds from reserves for three of the last four years. This is due to the base water/sewer rates collected by the city for water service not being enough to pay for the wholesale cost of water from providers. The proposed budget includes an increase of $5.50 per month in water based rates and $2.00 increase in sewer based rates. The budget also includes a $.24 cent/per 1,000 gallon sewer rate that is being passed down from the wholesale treatment provider. Following the budget video, Director of Budget and Research Robert Myers provided an overview of the proposed operating budget. The $50.3 million proposed budget is 60% dedicated towards public safety, which includes police, fire and emergency management. The proposed budget includes increased expenditures of public safety positions previously funded by the red light camera program. The budget also includes increases for the full year funding of six (6) full time fire fighters and a fourth full time ambulance and two (2) additional police officers included in fiscal year 2018/2019 budget as mid-year additions. The proposed budget includes increases for market based public safety compensation and benefits and non-public safety compensation and benefits to maintain a competitive position in the market. Mr. Myers also reviewed the proposed 2019/2020 special revenue funds, enterprise funds, and capital budget. Following this public hearing, the vote on the proposed 2019/2020 budget and 2018/2019 revised budget will be taken on Monday, September 9, 2019 at 7.00 p.m. during the regularly scheduled City Council meeting. Mayor Trevino asked the City Secretary to call on those who completed a public meeting appearance form to speak during the public hearing. Mr. Robert Payne, 6516 Briley Drive, spoke in opposition. He commented that the city needs additional chunk your junk events. He asked the city to consider the opiod crisis August 26, 2019 City Council Meeting Minutes Page 8 of 12 and methods to educate the public regarding the opiod epidemic. There being no one else wishing to speak, Mayor Trevino closed the public hearing. CA CONDUCT A PUBLIC HEARING ON THE TAX YEAR 2019 (FISCAL YEAR 2019/2020) PROPOSED TAX RATE. Mayor Trevino opened the public hearing and called on Director of Budget and Research Robert Myers to present item. Mr. Myers informed Council the public hearing tonight is the first of two public hearings to set the tax rate at $0.572 cents to support the fiscal year 2019/2020 proposed budget. The public hearing was advertised in accordance with state law on the city's website and in the Fort Worth Star Telegram. The proposed tax rate is a reduction of $0.013 than the previous year. This is the third year the city has lowered the tax rate. The city offers a number of exemptions--homestead, senior citizen/disabled person, and senior tax ceiling- -for residents. Citizens receiving a senior or disabled person tax ceiling will not see an increase in property taxes than in the prior year unless a new home was purchased or they have added on to their existing home. Currently, approximately 27.4% of all single family residences receive the tax ceiling. The city's property tax rate accounts for approximately 22.2% of the total tax rate before factoring in exemptions and the senior tax ceiling. The majority of the total property tax rate goes to the school district (55.2%) and Tarrant County (22.6%). Mr. Myers announced the second public hearing on the proposed tax rate will be held on Thursday, August 29, 2019 at 7.00 p.m. The meeting will be held in the Council Chamber located at City Hall, 4301 City Point Drive. The City Council will take action on the proposed tax rate at their September 9, 2019 meeting. Mayor Trevino asked the City Secretary to call on those who completed a public meeting appearance form to speak during the public hearing. There being no forms submitted, Mayor Trevino asked if there was anyone in the audience wishing to speak for or against the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. Mayor Trevino announced the second public hearing regarding the proposed tax rate will be held on August 29, 2019 at 7.00 p.m. in the Council Chamber. The vote on the proposed tax rate will be considered at the City Council's September 9, 2019 meeting. August 26, 2019 City Council Meeting Minutes Page 9 of 12 C.5 PUBLIC HEARING AND CONSIDERATION OF ORDINANCE NO. 3594, AMENDING CHAPTER 78 OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING AND RESTATING ORDINANCE NO. 1741 AND ADDING ARTICLE IX MUNICIPAL DRAINAGE UTILITY SYSTEM; AMENDING APPENDIX A FEE SCHEDULE TO INCLUDE RELATED FEES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. APPROVED Mayor Trevino opened the public hearing and called on Director of Finance Mark Mills to present the item. Mr. Mills informed City Council the purpose of the request is to conduct a public hearing on the proposed change to drainage fees assessed by the city for its Municipal Drainage Utility System (MDUS). The fee funds storm water drainage projects within North Richland Hills. If approved, Ordinance No. 3594 amends the fees, which have not been changed since the establishment of the MDUS in 1991. Pursuant to Subchapter C, Chapter 552 of the Texas Local Government Code, revisions to the fees require a public hearing. The legal notice for the public hearing was published in the July 26, July 27 and July 29, 2019 editions of the Fort Worth Star Telegram. Mayor Trevino asked the City Secretary to call on those who completed a public meeting appearance form to speak during the public hearing. There being no forms submitted, Mayor Trevino asked if there was anyone in the audience wishing to speak for or against the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. A MOTION WAS MADE BY COUNCIL MEMBER WELCH, SECONDED BY COUNCIL MEMBER COMPTON TO APPROVE ORDINANCE NO. 3594, AMENDING APPENDIX A FEE SCHEDULE AS PRESENTED. MOTION TO APPROVE CARRIED 5-0. D. PLANNING AND DEVELOPMENT D.1 FP 2019-08 CONSIDERATION OF A REQUEST FROM JAMES AND LINA PIERSON FOR A FINAL PLAT OF PIERSON ADDITION, BEING 5.935 ACRES LOCATED AT 9000 KIRK LANE. APPROVED August 26, 2019 City Council Meeting Minutes Page 10 of 12 This item was presented in conjunction with item C.2 A MOTION WAS MADE BY COUNCIL MEMBER BENTON, SECONDED BY MAYOR PRO TEM WRIGHT OUJESKY TO APPROVE FP 2019-08. MOTION TO APPROVE CARRIED 5-0. E. PUBLIC WORKS There were no items for this category. F. GENERAL ITEMS There were no items for this category. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino announced City Council would convene into Executive Session following the announcements. H. INFORMATION AND REPORTS HA ANNOUNCEMENTS Council member Rodriguez made the following announcements. City Hall and other non-emergency city offices will be closed on Monday, September 2, in observance of the Labor Day Holiday. The Animal Adoption & Rescue Center, Library, Tennis Center and Senior Center will also be closed. NRH2O, the NRH Centre and Iron Horse Golf Course will be open. Garbage and recycling will not be collected. Monday collections will shift to Tuesday and Tuesday collections will be picked up on Wednesday. Join us next week for Round the Town with Oscar. The monthly bike ride will be on Tuesday, September 3, at 6.30 p.m. starting from Green Valley Park. The monthly walk is Thursday, September 5, starting at 6.15 p.m. at Northfield Park. You can find more information on the city's website or by calling the Parks Department. The Friends of the NRH Library invite you to the inaugural NRH Authors and Arts Gala on Friday, September 6 at 6.30 p.m. in the Grand Hall at the NRH Centre. Meet Skip Hollandsworth and other Texas authors and listen to an engaging panel discussion about their work. There will also be a mini-art gallery. Tickets are $55.00 each with proceeds August 26, 2019 City Council Meeting Minutes Page 11 of 12 benefiting the library. Tickets can be purchased on the library's website. Kudos Korner - Chris Legg and Thomas Stewart in Public Works - A resident emailed about the exceptional service Chris and Thomas provided when responding to her call about a water leak. She said they did not hesitate in helping her locate the problem and then turned off her irrigation system to stop the leak until she can get it fixed. Although it was certainly not their job, they went out of their way to be helpful and ease her stress. She said: "I know that a lot of times a government entity hears nothing but complaints from the citizens. I wanted to commend these employees for their professionalism and helpfulness. I'd like their supervisor to know that they are out in the community building relationships in a way no one else could." Mayor Trevino announced at 8:07 p.m. that City Council would convene to Executive Session as authorized by Section 551.087: Deliberation regarding economic development negotiations - City Point Addition, Block 1, Lot 2; Block 2, Lots 1A and 1 B; and Block 3, Lot 1 and Section 551.072: Deliberate the purchase, exchange, lease or value of real property - 4700 and 4800 blocks of Nancy Lane. Executive Session began at 8:09 p.m. and concluded at 8:34 p.m. Mayor Trevino recessed the City Council meeting at 8:07 p.m. Mayor Trevino reconvened the City Council meeting at 8:36 p.m., with the same members present. I. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:36 p.m. Oscar Trevino, Mayor Alicia Richardson, City Secretary August 26, 2019 City Council Meeting Minutes Page 12 of 12 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2019 SUBJECT: Approve minutes of the August 29, 2019 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: Approve minutes of the August 29, 2019 regular City Council meeting. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE AUGUST 29, 2019 REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order August 29, 2019 at 7.00 p.m. Present: Oscar Trevino Mayor Rita Wright Oujesky Mayor Pro Tern Tito Rodriguez Council, Place 1 Suzy Compton Council, Place 3 Vacant Council, Place 4 Mike Benton Council, Place 5 Scott Turnage Councill, Place 6 Absent: Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Maleshia B. McGinnis City Attorney A.1 INVOCATION Council member Compton gave the invocation. A.2 PLEDGE Council member Compton led the pledge of allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) There were no items for this category. A.4 CITIZENS PRESENTATION There were no requests to speak from the public. B. PUBLIC HEARINGS August 29, 2019 City Council Meeting Minutes Page 1 of 3 B.1 CONDUCT A PUBLIC HEARING ON THE TAX YEAR 2019 (FISCAL YEAR 2019/2020) PROPOSED TAX RATE. Mayor Trevino opened the public hearing and called on Director of Budget and Research Robert Myers to present the item. Mr. Myers informed City Council tonight is the second public hearing prior to setting the tax rate to support the 2019/2020 proposed budget. The public hearing was advertised in accordance with state law on the city's website and in the Fort Worth Star Telegram. The proposed tax rate is a reduction of $0.013 than the previous year. This the third year the city has lowered the tax rate. The city offers a number of exemptions--homestead, senior citizen/disabled person, and senior tax ceiling--for residents. Citizens receiving a senior or disabled person tax ceiling will not see an increase in property taxes than in the prior year unless a new home was purchased or they have added on to their existing home. Currently, approximately 27.4% of all single family residences receive the tax ceiling. The city's property tax rate accounts for approximately 22.2% of the total tax rate before factoring in exemptions and the senior tax ceiling. The majority of the total property tax rate goes to the school district (55.2%) and Tarrant County (22.6%). Mr. Myers announced the City Council will take action on the proposed tax rate at their September 9, 2019 meeting. Mayor Trevino asked the City Secretary to call on those who completed a public meeting appearance form to speak during the public hearing. There being no forms submitted, Mayor Trevino asked if there was anyone in the audience wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. Mayor Trevino announced that the City Council will consider and take action on the proposed tax rate at their September 9, 2019 City Council meeting. The meeting will begin at 7.00 p.m. and will be held in the Council Chamber. C. ADJOURNMENT Mayor Trevino adjourned the meeting at 7.10 p.m. Oscar Trevino, Mayor August 29, 2019 City Council Meeting Minutes Page 2 of 3 ATTEST: Alicia Richardson, City Secretary August 29, 2019 City Council Meeting Minutes Page 3 of 3 k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: September 23, 2019 Subject: Authorize the City Manager to execute a cooperative purchasing agreement with the City of Panorama Village for slurry sealing. Presenter: Mark Mills, Director of Finance Summary: The City of Panorama Village is requesting to enter into a cooperative purchasing agreement for the purchase of goods and services from vendors selected through the competitive bidding process. General Description: North Richland Hills currently participates in cooperative agreements with several local governments throughout the DFW Metroplex and various parts of Texas. The City of Panorama Village is interested in purchasing from a current City of North Richland Hills contract for Slurry Sealing (RFB 15-020, Intermountain Slurry Seal). Council has authorized several of these cooperative agreements in the past and they have been mutually beneficial to North Richland Hills and the other agencies. Participation reduces the overall expense of soliciting bids and purchasing in larger quantities often lowers the cost of goods and/or services. Each agency will place its own orders and pay the vendors directly. The City of North Richland Hills or the City of Panorama Village may change or cancel the agreement with a 30-day written notice. Recommendation: Authorize the City Manager to execute a cooperative purchasing agreement with the City of Panorama Village. COOPERATIVE PURCHASING AGREEMENT BETWEEN CITY OF NORTH RICHLAND HILLS AND City of Panorama Village This Agreement made and entered into by and between the City of North Richland Hills, hereinafter referred to as "NRH", and the Cit of Panorama Village hereinafter referred to as PV. Pursuant to the authority granted by Chapter 271 of the Texas Local Government Code providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: NRH and PV desire to enter into an Agreement for the purchase of goods and services from vendors selected through the competitive bidding process. Specifications for said items should be determined in cooperation with the final approval of the entity processing the bid. The responsibility of each entity shall be as follows: I. NORTH RICHLAND HILLS 1. NRH shall be allowed to purchase goods and services from vendors who have been selected by North Richland Hills through the competitive bidding process. NRH will place orders directly with and pay directly to the selected vendor for goods and services purchased through a contract. 2. All purchases will be within the specifications and under the terms and conditions that have been agreed to by the parties. NRH shall be responsible for the Vendors compliance with all conditions of delivery, price and quality of the purchased goods or services. 3. NRH shall give a 30-day written notification to all participating agencies of any change or cancellation of participation. 4. The Purchasing Agent, shall be designated as the official representative to act for NRH in all matters relating to this cooperative purchasing agreement. II. CITY OF PANORAMA VILLAGE 1. PV shall be allowed to purchase goods and services from vendors who have been selected by NRH through the competitive bidding process of NRH. PV will place orders directly with and pay directly to the selected vendor for goods and services purchased through a contract. 2. All purchases will be within the specifications and under the terms and conditions that have been agreed to by the parties. PV shall be responsible for the Vendors compliance with, all conditions of delivery, price and quality of the purchased goods or services. 3. PV shall give a 30-day written notification to a participating agency of any change or cancellation of participation. 4. Purchasing Manager, shall be designated as, the official representative to act for PV in all matters relating to this cooperative purchasing agreement. This Agreement shall take effect upon execution by the signatories and shall be in effect from date of execution until terminated by either party with thirty (30) written notice. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers. CITY OF NORTH RICHLAND HILLS CITY OF PANORAMA VILLAGE BY,- BY: 1141V City Manager TITLE va z: ........................... DATE: DATE: 9- ATTEST: ATTEST: City Secretary TITLE-. APPROVED AS TO FORM: APPROVED AS TO FORM: Attorney for the City Attorney fa IoKffigll"City r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2019 SUBJECT: Approve Resolution No. 2019-037, adopting Hart Intercivic Verity System v 2.3.1 as the voting system for all forms of voting in Tarrant County. PRESENTER: Alicia Richardson, City Secretary SUMMARY: Pursuant to Section 123.001 of the Texas Election Code, City Council will approve Resolution No. 2019-037 adopting the Hart Intercivic Verity System v.2.3.1 for all forms of voting in Tarrant County. GENERAL DESCRIPTION: The City Secretary's Office is responsible for conducting municipal elections as prescribed by the Election Code of the State of Texas and the City of North Richland Hills City Charter. The City Council, at its August 12, 2019 meeting, approved Resolution No. 2019-033, calling a Special Election for November 5, 2019 to fulfill the remainder of an unexpired term on City Council, Place 4. The resolution also authorized a joint election agreement with other Tarrant County political subdivisions and to contract with Tarrant County for election services. Tarrant County Commissioners Court approved the procurement of the Hart Intercivic Verity Voting System v.2.3.1 at its August 13, 2019 meeting. Following approval by the Commissioners Court, Tarrant County Elections procured the voting system for Tarrant County to be used in accordance with the terms and conditions specified in the certification order issued by the Texas Secretary of State. The Commissioners Court, at its August 27, 2019 meeting, formally adopted the Hart Intercivic Verity Voting System v. 2.3.1. Pursuant to Section 123.001 of the Texas Election Code, City Council must adopt the Hart Intercivic Verity System before such voting system may be used in elections. Such adoption shall be by resolution, order, or other official action of the City Council. RECOMMENDATION: Approve Resolution No. 2019-037. RESOLUTION NO. 2019-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, ADOPTING HART INTERCIVIC VERITY SYSTEM V.2.3.1 AS THE VOTING SYSTEM FOR ALL FORMS OF VOTING IN TARRANT COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Secretary's Office is responsible for conducting municipal elections as prescribed by the Election Code of the State of Texas and the City of North Richland Hills City Charter; and WHEREAS, City Council, at its August 12, 2019 meeting, approved Resolution No. 2019-033, calling a Special Election for November 5, 2019 to fulfill the remainder of an unexpired term on City Council, Place 4; and WHEREAS, the resolution also authorized a joint election agreement with other Tarrant County political subdivisions and to contract with Tarrant County for election services; and WHEREAS, Tarrant County Commissioners Court approved the procurement of the Hart Intercivic Verity Voting System v.2.3.1 and formally adopted the system at its August 27, 2019 meeting for all elections run by the County; and WHEREAS, Section 123.001 of the Texas Election Code, requires the governing body of the political subdivision to adopt a voting system before such system may be used in elections. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The City Council hereby finds that the recitals set forth above are true and correct and are incorporated into this Resolution as if written herein. SECTION 2. The City Council adopts the Hart Intercivic Verity Voting System v.2.3.1 for elections to be conducted in Tarrant County. SECTION 3. The voting system will be used for absentee voting by mail, early voting by personal appearance, regular voting on Election Day and provisional voting in Tarrant County. SECTION 4. The system will be used in accordance with the terms and conditions specified in the certification order issued by the Texas Secretary of State. SECTION 5. This resolution shall take effect and be in full force and effect from and after the date of its adoption, and it is so resolved; and all Resolutions of the City Council of the City in conflict herewith are hereby amended or repealed to the extent of such conflict. Resolution No. 2019-037 Page 1 of 2 PASSED AND APPROVED on this 23rd day of September, 2019. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney Resolution No. 2019-037 Page 2 of 2 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2019 SUBJECT: AP 2019-02 Consideration of a request from ClayMoore Engineering for an amended plat of Lot 6R1, Block 1, Smithfield Corners, being 2.213 acres located at 8210 Mid-Cities Boulevard. PRESENTER: Clayton Comstock, Planning Director SUMMARY: On behalf of Calisi Real Estate Investments LLC, ClayMoore Engineering is requesting approval of an amended plat of Lot 6R1, Block 1, Smithfield Corners. This 2.213-acre property is located at 8210 Mid-Cities Boulevard, just east of Davis Boulevard. GENERAL DESCRIPTION: The amended plat would make the following amendment to the previous plat. 1. Two existing lots (Lots 5R and 6R) are combined into a single lot for the purpose of constructing a medical office building. The plat does not increase the number of lots or alter or remove any recorded covenants or restrictions, if any, on the property. LAND USE PLAN: This area is designated on the Land Use Plan as Retail Commercial. This category provides sites for community and regional shopping centers, commercial establishments, and employment centers. These sites are typically located on highways and major thoroughfares at key intersections. CURRENT ZONING: The property is currently zoned C-1 Commercial. The C-1 district is intended to provide for the development of retail service and office uses principally serving community and regional needs. The district should be located on the periphery of residential neighborhoods and at intersections of major arterial streets. It is also appropriate for major retail corridors. TRANSPORTATION PLAN: The development has frontage on the following streets. While property access and frontage is technically provided to Freda Lane, a connection is not proposed. Right-of-way dedication is not required for this plat. ME Mid-Cities Boulevard P61D Major Arterial Suburban Commercial 6-lane divided roadway variable right-of-way width r4RH NORTH KICHLAND HILLS ® < i Freda Lane R21J Local Road Local Road 2-lane undivided roadway 50-foot right-of-way width SURROUNDING ZONING ( LAND USE: Kim NORTH C-1 Commercial Office Commercial Offices WEST C-1 Commercial Retail Commercial Vacant SOUTH R-3 Single-Family Residential Low Density Residential Single family residences(Sunny Meadow Addition) EAST 0-1 Office Office Commercial Office PLAT STATUS: The property is currently platted as Lots 5R and 6R, Block 1, Smithfield Corners. DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC) recommends approval of the amended plat, which is in conformance with the subdivision regulations and the zoning ordinance. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the September 5, 2019, meeting and voted 7-0 to approve the plat. RECOMMENDATION: Approve AP 2019-02. w Q L`o O O Natld 831NIM, O O NOSONnWV f1.31'1�11. .. O O N T O O 31VOIS3M 1- w �l a O g z y6� Q v b'03aj z g, w z' iH3GH3HS NOlA3d 0 N S/4bo N ......... .._ N T 4 cc Z � d O o k �" �, dl� m�• "iW" f O Ii �r.7Sq �1 j9 1 ° f y, O jl o O �� ��� Jr•Y �j Yier h I. O 1 ill J p k f M i� U/1 11 w INM1A III•� �,r%, is F 4 J 0 d 1 rr��� �Ni�rlry JJ ,i A w cc in 11"; , g _ $H &g e a Leo. P4" 's� �a s it ®P: mN N H114 100 o W j_° e s d �Zx Q .5z�4 01111 E 6 5 4 3§ _ ' o�"�a al a' e Rai U f� "C7i y d e m 9 9 a a ., 3t, e� x 0 9 _ m IBM z I� Cava "�zz Nc c m oc ' a s� s3§ ®os Gold- mm �� a � � �Wy R'•��U E" 'mi5 a5i§r aE�N 9 o-- 9a ^^" YE T no M JTJO 8-1IS - z �z` a �a�19 gg � � F'Q tl.ga c tau My a PHI Aoki is Nit Hy; gLL;41 119 M1. Q i aill -§. `2�U vs: squy, woos 14H �m s 3aa $� g. s ss S JUS q,, 0�3o gPo o- �a" moo: o k: sPo� MCA Viz- 3P yam 3 �g Gaza § g mimic 3 Wi 4§ tl5 E �e�a °z 5tl g` $ y Win9 9 sew 9 se �� t ion its VIA Hie gin Ogg qj9041 No E lot, IM It wad mY5 3 m o� PH I pill 1a ° 11H o ° 11 a oa El s � a� Ir T W W o�Po 5 oae —a§ e I W Eal ®a jai1 reit �m WIM1 Ffl VARK., , i q e 0 URA. o w w ; sm lea H � I Al JAI o 00 I � m� I4aa o poll" m r --------------------- t MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE SEPTEMBER 5, 2019 D.1 AP 2019-02 CONSIDERATION OF A REQUEST FROM CLAYMOORE ENGINEERING FOR AN AMENDED PLAT OF LOT 6R1, BLOCK 1, SMITHFIELD CORNERS, BEING 2.213 ACRES LOCATED AT 8210 MID-CITIES BOULEVARD. APPROVED Chair Welborn introduced the item, and called for Principal Planner Clayton Husband to introduce the request. Mr. Husband introduced the request. Chair Welborn called for the applicant to present the request. Clay Cristy, ClayMoore Engineering, 1903 Central Drive, Bedford, Texas, presented the request. Vice Chair Tyner and the applicant discussed retaining the tree on the property. Chair Welborn called for Mr. Husband to present the staff report. Mr. Husband presented the staff report Vice Chair Tyner and Mr. Husband discussed the driveway on the site. A MOTION WAS MADE BY COMMISSIONER LUPPY, SECONDED BY COMMISSIONER ORR TO APPROVE AP 2019-02. MOTION TO APPROVE CARRIED 7-0. September 05, 2019 Planning and Zoning Commission Meeting Minutes Page 1 of 1 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2019 SUBJECT: PP 2019-03 Consideration of a request from JBI Partners, Inc. for a preliminary plat of Hometown Canal District Phase 6, being 15.393 acres located at the southeast corner of Bridge Street and Parker Boulevard. PRESENTER: Clayton Comstock, Planning Director SUMMARY: On behalf of Arcadia Land Partners 25 Ltd and Arcadia NRH4 Hometown LLC, JBI Partners, Inc. is requesting approval of a preliminary plat of Hometown Canal District Phase 6. This 15.393-acre property is located at the southeast corner of Bridge Street and Parker Boulevard. GENERAL DESCRIPTION: Hometown Canal District Phase 6 is located on the east side of the lakes and southwest of Walker Creek Elementary. The developer intends to continue the same theme and style of development as Phases 4 and 5 of the Canal District area, including a mix of garden home lots, cottage lots, and townhouse lots. The proposed development includes 129 single-family residential lots, as described below. An exhibit showing the location of each lot is attached. A special use permit to allow up to 55 single-family cottage lots on the property was approved by City Council on December 6, 2018 (Ordinance No. 3554). Garden home 24 lots 45 feet 93-98 feet Cottage home 49 lots 35 feet 78 feet Townhome 56 lots 25 feet 78 feet The development is accessed from street entrances on Bridge Street, Parker Boulevard, and Grand Avenue. The development incorporates four open space lots totaling 1.897 acres (12.3 percent of the site). LAND USE PLAN: This area is designated on the Land Use Plan as Urban Village. This category promotes sustainable, pedestrian-oriented, mixed-use development that provides the opportunity for many uses to coexist within a more compact area. Urban Villages encourage an efficient, compact land use pattern; support vibrant public spaces; reduce the reliance on private automobiles; promote a more functional and attractive r4RH NORTH RICHLAND HILLS community through the use of recognized principles of urban design; allow flexibility in land use; and prescribe a high level of detail in building design and form. CURRENT ZONING: The property is currently zoned Town Center and located in the Neighborhood General Center subzone. The Neighborhood General subzone is primarily intended for single-family development. The below exhibit summarizes the special use permit approval received December 2018 (left) to the proposed preliminary plat (right). Iq 1 b W W Iq p gllu. Iqu, q p q G � ,; rlfN v y11„„ 90, 1 Tr�CtA ii 6 — � T t p �. / 'i a�i�'lJ,YPC,Yn 119i���i h �g'rr�� v �011��>k '�U7�lpa ✓""-, o J pDq q Uvsf f a Jxor( WAdaffidw MAN E qr Garden (> feet) 21 unlit ) Mein 10,units, 24 unll 8 unlit Cott 18e (< 0 feet) 38 unit sx. 5'5 units 49 unll units Townlhlluirne 76 uni,ts Max. 88 Unit units ( 10) units, Total, 113,5 units Max. ISO units, 2 uirk ( uinii,t TRANSPORTATION PLAN: The development has frontage on the following streets. Right-of-way dedication for these streets is not required for this plat. Bridge Street C2U Minor Collector Urban Village 2-lane undivided roadway 90-foot right-of-way width Parker Boulevard C2U Minor Collector Urban Village 2-lane undivided roadway 70-foot right-of-way width Grand Avenue R2U Local Road Urban Village 2-lane undivided roadway 68foot right-of-way width r4RH NORTH RICHLAND HILLS SURROUNDING ZONING ( LAND USE: NORTH TC Town Center TC Town Center Single-family residences Walker Creek Elementary WEST TC Town Center TC Town Center Single-family residences SOUTH TC Town Center TC Town Center Single-family residences Multifamily residences EAST TC Town Center TC Town Center Vacant property Multifamily residences ROUGH PROPORTIONALITY DETERMINATION: The developer is responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with City design criteria. PLAT STATUS: The property is currently unplatted. 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MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE SEPTEMBER 5, 2019 D.5 PP 2019-03 CONSIDERATION OF A REQUEST FROM JBI PARTNERS, INC. FOR A PRELIMINARY PLAT OF HOMETOWN CANAL DISTRICT PHASE 6, BEING 15.393 ACRES LOCATED AT THE SOUTHEAST CORNER OF BRIDGE STREET AND PARKER BOULEVARD. APPROVED Chair Welborn introduced the item, and called for Planning Director Clayton Comstock to introduce the request. Mr. Comstock introduced the request. Chair Welborn called for the applicant to present the request. Brittany Crenshaw, JBI Partners, Inc., 2121 Midway Road, Carrollton, Texas, presented the request. Chair Welborn called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. A MOTION WAS MADE BY VICE CHAIR TYNER, SECONDED BY COMMISSIONER WERNER TO APPROVE PP 2019-03 SUBJECT TO THE CONDITIONS LISTED IN THE STAFF REPORT. MOTION TO APPROVE CARRIED 7-0. September 05, 2019 Planning and Zoning Commission Meeting Minutes Page 1 of 1 k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2019 SUBJECT: Authorize City Manager to execute the renewal of the interlocal agreement with the cities of North Richland Hills, Haltom City, Watauga, and Richland Hills for the Teen Court Program. PRESENTER: Rebecca Vinson, Municipal Court Administrator SUMMARY: City Council is being asked to approve the renewal of the interlocal agreement for consolidated Northeast Tarrant Teen Court (NETTC) services for the cities of North Richland Hills, Haltom City, Watauga and Richland Hills. The agreement is for a one year period with the option to extend for one additional year. GENERAL DESCRIPTION: North Richland Hills has worked with the cities of Haltom City and Watauga since 2010 and with the City of Richland Hills, since 2013, to conduct Teen Court services. The attached interlocal agreement is presented for City Council to approve another one year agreement, with the option to renew for a second year. The court staff has contacted each city and provided updated cost estimates to determine the interest of all parties to continue participation in the program. Based on agreement, all cities will continue their participation in the program. Costs are shared on a pro-rata basis determined by the number of participants from each city. We project facilitating 329 cases through NETTC in 2019-2020. The program utilizes 62 area community service agencies, and is estimated to provide 13,606 hours of community service, which is a value to the community of$205,613. RECOMMENDATION: Authorize the City Manager to execute the renewal of the interlocal agreement between the cities of North Richland Hills, Haltom City, Watauga and Richland Hills for the Teen Court Program. STATE OF TEXAS § § INTERLOCAL AGREEMENT COUNTY OF TARRANT § THIS AGREEMENT is entered into this the 1st day of October, 2019, by and between the Cities of North Richland Hills, Haltom City, Watauga and Richland Hills, Texas, municipal corporations, (hereafter referred to as "Cities" or "each participating City") the parties acting herein under the authority and pursuant to the terms of Chapter 791, INTERLOCAL COOPERATION CONTRACTS, Texas Government Code, for the purpose of establishing the terms under which a Teen Court program will be established and funded. WHEREAS, the City of North Richland Hills has a Teen Court program established and operating and the Cities of Haltom City, Watauga and Richland Hills desire to make this program available to the residents of their respective cities; and, WHEREAS, the Cities find that the terms and conditions set out herein for providing for the operation of a Teen Court for the parties hereto is equitable and will provide benefits to each; NOW THEREFORE, W I T N E S S E T H: For and in consideration of the mutual promises and covenants herein made, the benefits flowing to each of the parties hereto, and other good and valuable consideration, the Cities of North Richland Hills, Haltom City, Watauga and Richland Hills, Texas do hereby contract and agree as follows : SECTION 1. The Teen Court is a volunteer program which allows juvenile misdemeanor offenders an alternative to the criminal justice system while allowing them to assume responsibility for their own actions by involvement in the judicial process and community service in order that their offenses will not be recorded; bringing juvenile offenders before a jury of their peers and to the community for constructive punishment which will provide the youths with an understanding of the judicial system and a realization of their roles (responsibilities) in the community. SECTION 2. The City of North Richland Hills shall provide a court facility available for holding teen court on Monday nights and provide a Judge and Bailiff for all weekly sessions, employ a Teen Court Clerk to assist in administering and coordinating the activities of the Teen Court program and provide office space for the clerk. The Teen Court Clerk will work under the supervision of the North Richland Hills Juvenile Case Manager, who shall be responsible for preparation of Excel spread sheets for statistical reporting purposes . SECTION 3. Haltom City, Watauga and Richland Hills agree to provide a Teen Court Board Member and Teen Court Judge to add in the rotation of scheduling with NRH Board Members and Teen Court Judges . SECTION 4. Haltom City, Watauga and Richland Hills shall reimburse North Richland Hills for the cost of the salary and benefits of the Teen Court 1 Clerk plus estimated supply costs and shared cost of Bailiff fees . Such costs for salary, benefits and supplies is $20, 787 . 00 for the year beginning October 1, 2019. Haltom City agrees to pay 410, ($8, 576. 00) , Watauga agrees to pay 460 ($9, 522 . 00) and Richland Hills agrees to pay 130 ($2, 689. 00) . Each party shall make respective payments from current revenues available to the paying party. SECTION 5. North Richland Hills has an existing Teen court Advisory Board in its jurisdiction appointed to such board by the City Council. Haltom City, Watauga and Richland Hills shall have the right to appoint one additional member to such advisory board. SECTION 6. This Agreement shall be for the initial period beginning October 1, 2019 and ending September 30, 2020 upon execution of hereof by all parties hereto, with the option to renew for one additional year. SECTION 7. Any party hereto may terminate its participation in this Agreement without recourse or liability upon thirty (30) days written notice to the other parties . Should either of the other three parties terminate their participation, North Richland Hills may terminate this agreement or renegotiate with the remaining party or parties . SECTION 8. This Agreement is made pursuant to Chapter 791 and Subchapter E, Chapter 418, Texas Government Code . It is agreed that in the execution of this Agreement, no party waives any immunity or defense that would otherwise be available to it, against claims arising from the exercise of governmental powers and functions . 2 SIGNED AND EXECUTED this the day of , A. D. , 2019, at Tarrant County, Texas . CITY OF NORTH RICHLAND HILLS BY: Mark Hindman, City Manager Attest: Alicia Richardson, City Secretary (City Seal) Approved as to Form and Legality: Maleshia B. McGinnis, City Attorney 3 SIGNED AND EXECUTED this the day of , A. D. , 2019, at Tarrant County, Texas . CITY OF HALTOM CITY, TEXAS BY: Keith R. Lane, City Manager ATTEST: Art Camacho, City Secretary (City Seal) Approved as to Form and Legality: Attorney from TOASE Law Firm, City Attorney 4 SIGNED AND EXECUTED this the day of , A. D. , 2019, at Tarrant County, Texas . CITY OF WATAUGA, TEXAS BY: Arthur L. Miner, Mayor ATTEST: Andrea Gardner, City Secretary (City Seal) Approved as to Form and Legality: George E . Hyde - Russell Rodriguez Hyde Bullock, Interim City Attorney 5 SIGNED AND EXECUTED this the day of , A. D. , 2019, at Tarrant County, Texas . CITY OF RICHLAND HILLS, TEXAS BY: Eric Strong, City Manager ATTEST: Cathy Bourg, City Secretary (City Seal) Approved as to Form and Legality: Wayne Olson - TOASE Law Firm, City Attorney 6 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2019 SUBJECT: ZC 2019-14, Ordinance No. 3602, Public hearing and consideration of a request from Charles and Ellen Rheinlaender for a zoning change from AG Agricultural to R-2 Single-Family Residential at 6812 Smithfield Road, being 1.089 acres described as Tract 1A, John M Crockett Survey, Abstract 273. PRESENTER: Clayton Husband, Principal Planner SUMMARY: Charles and Ellen Rheinlaender are requesting a zoning change from AG Agricultural to R-2 Single-Family Residential on 1.089 acres located at 6812 Smithfield Road. GENERAL DESCRIPTION: The property is located on the east side of Smithfield Road south of Mickey Street. The property is currently developed with a single-family residential structure and accessory building. The applicant is requesting a zoning change to R-2 Single-Family Residential with the intent to plat the property and renovate the existing single-family dwelling on the property. The 1 .089-acre parcel has 105 feet of frontage on Smithfield Road and is approximately 451 feet deep. Water and sanitary sewer service is available to the property. COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use Plan as Low Density Residential. This designation promotes quality neighborhoods of conventional suburban single-family detached homes. General characteristics of these neighborhoods include a density of two to six dwelling units per acre and houses of one- and two-stories. CURRENT ZONING: The property is currently zoned AG Agricultural. The AG district is intended to preserve lands best suited for agricultural use from encroachment of incompatible uses, and to preserve in agricultural use, land suited to eventual development into other uses pending proper timing for practical economical provisions of utilities, major streets, schools, and other facilities so that reasonable development will occur. PROPOSED ZONING: The proposed zoning is R-2 Single-Family Residential. This district is intended to provide areas for low density development of single-family detached dwelling units which are constructed at an approximate density of 4.0 units per acre. r4RH NORTH RICHLAND HILLS SURROUNDING ZONING ( LAND USE: ® ® NORTH R-3 Single-Family Residential Low Density Residential Single-family residences R-3 Single-Family Residential Vacant WEST Low Density Residential C-2 Commercial Construction contractor shop/yard SOUTH R-2 Single Family Residential Low Density Residential Single-family residence EAST TOD Transit Oriented Development Low Density Residential Vacant PLAT STATUS: The property is currently unplatted. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the September 5, 2019, meeting and voted 7-0 to recommend approval. RECOMMENDATION: Approve Ordinance No. 3602. 2 ashLL o o b z U n (ALLEY) Q......... o ....... 2......... O Z 0 b(7 0 0 C.) W'., ....._. ..... .... O', LU Y U 31AVd 131jHAWS W_', ....... ......... ZI'- Z ......., ... 0 ....... ........ U ..... ........ .... .. O N 1LIM3H �n LU F � m w m a z ? svom � m m � ......... LL .. ...... cc ..... ..... - Q Z � 1138VW a w o l 1 1 r o q 4 NO s �a O d 0 O III+ f( n wi6rk'l&w 6 //i„i IIN 1 �� llil I W n r � 7 f o cc 4 UUD e i d jq RH PUBLIC HEARING NOTICE NORTH RICHi.a.rhND HILLS CASE: ZC 2019-14 You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a zoning change as shown on the attached map. APPLICANT Charles and Ellen Rheinlaender LOCATION 6812 Smithfield Road REQUEST Public hearing and consideration of a request from Charles and Ellen Rheinlaender for a zoning change from AG Agricultural to R-2 Single-Family Residential at 6812 Smithfield Road, being 1.089 acres described as Tract 1A, John M Crockett Survey, Abstract 273. DESCRIPTION Proposed creation of one single-family residential lot. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, September 5, 2019 City Council 7:00 PM Monday, September 23, 2019 MEETING LOCATION City Council Chambers-Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the request through to final action by City Council. Planning and Zoning Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION, VISIT NRHTX.COM/MAP CROSS r q DANIEL [t m; ODELL FRANKIE B COTTON HICKEY BELT BUCK U. d � d N NORTHEAST w CORTLANO WBLYTHE � 2a siTE o ,r49z, n, -,r ,r,4 Kurz,,4 =TLT. ,. Y, MNG".tl E 1 w ,., rrmn I r. v w.rcr i --------------------------------- I.OGB Aorcns d Hr YiX BxBYeAxAx Ir ry *' IHFIEL4 H E ,TQ. 4+ fL1.E EI L 4 ei C D 19 TCT .. ne � � nr,��ven ne ry rl r •� br xvn wmn �wr. '.en ar.e .rninr,rtu.i n i av T I J . POB .... M4 _ _. .. ._._.____ w,g ____._._. _____.___ _._._____ _._____N ny.p ;o I 11 r r _, IC 11 Planning and Zoning Department 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC 2019-14 BAKER, BETSY N 8005 MICKEY ST NORTH RICHLAND HILLS TX 76182 BIRDVILLE ISD 6125 E BELKNAP ST FORT WORTH TX 76117 BYRD,TRAVIS ESTATE 8008 MICKEY ST NORTH RICHLAND HILLS TX 76182 CONWAY,CHAD 8000 MICKEY ST NORTH RICHLAND HILLS TX 76182 DAVIS, EDWARD W 6717 HEWITTST NORTH RICHLAND HILLS TX 76182 ELLIOTT, EARL 6820 SMITH FIELD RD NORTH RICHLAND HILLS TX 76182 ELMORE, R B 7813 CARDINAL CT NORTH RICHLAND HILLS TX 76180 FALCONE,THOMAS 6805 SMITHFIELD RD NORTH RICHLAND HILLS TX 76182 FLOREZ, BEATRICE 7908 ODELL ST NORTH RICHLAND HILLS TX 76182 HALL,THETA IRENE WELTY 7901 MICKEY ST NORTH RICHLAND HILLS TX 76182 HUNTER'S PRECISION CONSTRUCTION 7625 DAVIS BLVD NORTH RICHLAND HILLS TX 76182 NENCLARES,JAIME 3009 HONEY LOCUST DR EULESS TX 76039 PEREZ, FRANKIE M 7912 MICKEY ST NORTH RICHLAND HILLS TX 76182 RASCAL3 LLC 4304 TIFFANY PARK LN COLLEYVILLE TX 76034 RHEINLAENDER, ELLEN 6812 SMITHFIELD RD NORTH RICHLAND HILLS TX 76182 ROCHA, BERNARDINO 7920 MICKEY ST NORTH RICHLAND HILLS TX 76182 RSST&J REAL ESTATE LLC 301 OAK SHADOW CIR BEDFORD TX 76021 SALAZAR, PABLO A 7916 MICKEY ST NORTH RICHLAND HILLS TX 76182 SHOFFITT, HORACE W 8662 STATE CC RD STEEDMAN MO 65077 STAHLHUT, MARIANNE 6801 SMITHFIELD RD NORTH RICHLAND HILLS TX 76182 TRI DAL REAL ESTATE LTD 540 COMMERCE ST SOUTH LAKE TX 76092 TURNER, LELA E EST 7913 MICKEY ST NORTH RICHLAND HILLS TX 76182 VOGELSBERG,JIM R 7908 MICKEY ST NORTH RICHLAND HILLS TX 76182 WILLIAMS, ROGER 6808SMITHFIELD RD NORTH RICHLAND HILLS TX 76182 ORDINANCE NO. 3602 ZONING CASE ZC 2019-14 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 REZONING A 5.935-ACRE TRACT OF LAND LOCATED AT 6812 SMITHFIELD ROAD FROM AG (AGRICULTURAL) TO R-2 (SINGLE-FAMILY RESIDENTIAL); 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 the Vision203O Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision203O Land Use Plan map provides guidance for future development in conformance with the adopted Vision203O Land Use Plan; and WHEREAS, the owner of the property containing approximately 1.089 acres of land located at 6812 Smithfield Road (the "Property") has filed an application to rezone the Property from its present classification of AG (Agricultural) to R- 2 (Single-Family Residential); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on September 5, 2019, and the City Council of the City of North Richland Hills, Texas, held a public hearing on September 237 2019, with respect to the zoning change described herein; and Ordinance No. 3602 ZC 2019-14 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 rezoning from AG (Agricultural) to R-2 (Single-Family Residential) 1.089 acres of property described as Tract 1A, John M. Crockett Survey, Abstract 273, commonly referred to as 6812 Smithfield Road, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. Section 2: That the official zoning map of the City of North Richland Hills is amended and the Planning Director is directed to revise the official zoning map to reflect the approved R-2 (Single-Family Residential) zoning, as set forth above. Section 3: 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 4: 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 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 Ordinance No. 3602 ZC 2019-14 Page 2 of 4 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 AND APPROVED on the 23rd day of September, 2019. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Ordinance No. 3602 ZC 2019-14 Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney Ordinance No. 3602 ZC 2019-14 Page 4 of 4 Exhibit A— Property Description—Ordinance No. 3602 Zoning Case ZC 2019-14 Tract 1A,John M Crockett Survey,Abstract 273 6812 Smithfield Road, North Richland Hills,Texas WHEREAS Charles and Ellen Rheinlaender are the owner of all that certain 1.089 acres of land by virtue of deed recorded in Document Number D216192087 in the Public Records of Tarrant County, Texas (P.R.T.C.T.) in the J. Crockett Survey, A-273, City of North Richland Hills,Tarrant County,Texas, and more particularly described by metes and bounds as follows (all bearings and called distance shown hereon on based on the tract of land conveyed to Melvyn and Bonnie Horn by deed recorded in Volume 12280, Page 2018, P.R.T.C.T.): BEGINNING at a %-inch iron rod found for the southwest corner of the herein described tract, common to the northwest corner of Lot 2, Block 2, Smithfield Addition, recorded in Volume 388-165, Page 46, P.R.T.C.T., in the east right-of-way line of Smithfield Road (right-of-way varies); THENCE North 00 degrees 47 minutes 39 seconds West— 104.90 feet along the east right-of-way line of said Smithfield Road, to a %-inch iron rod found for the northwest corner of the herein described tract, common to the southwest corner of the 0.133 acres tract described in deed to RSST &J Real Estate LLC, recorded in Document Number D209021174 P.R.T.C.T.; THENCE North 89 degrees 58 minutes 57 seconds East-455.72 feet(called 455.85 feet)to a one-inch iron rod found for the northeast corner for the herein described tract, common to the northwest corner of a 5.240 acre tract described in the deed to Birdville Independent School District recorded in Volume 4152, Page 565, P.R.T.C.T., and in the south line of Lot 3, Block 3, W.E. Odell Addition recorded in Volume 388- D, Page 39, P.R.T.C.T.; THENCE South 03 degrees 08 minutes 23 seconds West — 105.19 feet along the west line of said 5.240 acre tract to a %-inch iron rod found for the southeast corner of the herein described tract, common to the northeast corner of said Lot 2, Block 2, Smithfield Addition; THENCE West — 448.50 feet (called 448.63 feet) along the north line of said Lot 2, Block 2, Smithfield Addition, to the POINT OF BEGINNING and containing 1.089 acres of land. 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APPROVED Item D.2 was presented in conjunction with item C.1. A MOTION WAS MADE BY VICE CHAIR TYNER, SECONDED BY COMMISSIONER ORR TO APPROVE FP 2019-09. MOTION TO APPROVE CARRIED 7-0. September 05, 2019 Planning and Zoning Commission Meeting Minutes Page 1 of 1 "RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2019 SUBJECT: ZC 2018-23, Ordinance No. 3603, Public hearing and consideration of a request from Builders Funding Mgt LP for a zoning change from AG Agricultural and R-1-S Special Single-Family to R-2 Single- Family Residential at 7109-7201 Eden Road and 8751 Hightower Drive, being 9.982 acres described as Lot 1, Block 17, Stoneybrooke Addition, and Tracts 4B1 and 4E, JB Edens Survey, Abstract 499. PRESENTER: Clayton Comstock, Planning Director SUMMARY: Builders Funding Mgt LP is requesting a zoning change from AG Agricultural and R-1-S Special Single-Family to R-2 Single-Family Residential on a 9.982-acre site located in the 7100-7200 block of Eden Road. Through a separate plat application, the applicant is proposing a 21-lot single-family residential development on the site. GENERAL DESCRIPTION: The property under consideration is located on the west side of Eden Road across from the intersection of Marti Lane. The site extends between Eden Road and the current eastern terminus of Hightower Drive. The property includes three tracts of land and an unimproved right-of-way for an extension of Hightower Drive. The proposed development includes 21 single-family lots with an approximate density of 2.1 dwelling units per acre. The development character in the Eden Road area is residential neighborhoods of conventional suburban single-family detached homes. Most properties are zoned R-2 Single-Family Residential or R-3 Single-Family Residential, with some properties being zoned AG Agricultural or R-1-S Special Single-Family. LAND USE PLAN: This area is designated on the Land Use Plan as Low Density Residential. This designation promotes quality neighborhoods of conventional suburban single-family detached homes. General characteristics of these neighborhoods include a density of two to six dwelling units per acre and houses of one- and two-stories. CURRENT ZONING: The property is currently zoned AG Agricultural and R-1-S Special Single-Family. The AG district is intended to preserve lands best suited for agricultural use from encroachment of incompatible uses, and to preserve in agricultural use, land suited to eventual development into other uses pending proper timing for practical economical provisions of utilities, major streets, schools, and other facilities so that reasonable development will occur. "RH NORTH RICHLAND HILLS The R-1-S single-family residential district is intended to provide areas for very low density development of single-family detached dwelling units which are constructed at an approximate density of one unit per acre in a quasi-rural setting. The R-1-S district is specifically planned to allow for the keeping of livestock in a residential setting. PROPOSED ZONING: The proposed zoning is R-2 Single-Family Residential. This district is intended to provide areas for low density development of single-family detached dwelling units which are constructed at an approximate density of 4.0 units per acre. There is an associated special use permit request for two detention/retention storage facilities on the September 23, 2019, agenda (see SUP 2019-09). SURROUNDING ZONING ( LAND USE: ® ® NORTH R-1-S Special Single-Family Low Density Residential Single-family residence R-2 Single-Family Residential Single-family residences WEST Low Density Residential (Stonybrook Addition and Stoney R-3 Single-Family Residential Ridge Addition) SOUTH AG Agricultural Low Density Residential Single-family residence EAST R-2 Single-Family Residential Low Density Residential Single-family residences(Eden Addition) PLAT STATUS: The property is currently unplatted. A preliminary plat and final plat are associated items on the September 23, 2019, agenda (see PP 2018-05 and FP 2019- 05). PUBLIC INPUT: Attached is all public input and correspondence received to date, as well as the Planning & Zoning Commission meeting minutes from the public hearing. Written opposition has been received by 47.5% of the land area within 200 feet of the subject property. As such, a "super-majority," or three-fourths vote of City Council, is required to approve the requested zoning change. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the September 5, 2019, meeting and voted 6-1 (Werner) to recommend approval. RECOMMENDATION: Approve Ordinance No. 3603. bP�Z) `1400O 0 1 ,. ��2by 6d� `1.dQ 0031 ��O SWOS3�01 0 LL ul 0 x a N A3ajj3r , c-I r AHVI H 31O3IN a VSSIl3W w w m LU A31NIN z uuppuVluu uuV II N dnoASSQW 3QV19 i3A1 l3`dHDIW' 43?JVF NVWa3H C4 W N W \ 3 OO o 0 x, w closso E O! d m HIHOMHS`d cc Z � Q a f. J o M Y 1 �,� s9, 5• ���yi". O r / a, 4 7�. f / �j I I � f P f ✓ 4 J r J� / �l f b, �F Ml� ✓%a, � � f r f I ao CD � N f( U12 ,I N pp � bA llI l� cc cc i „w jq RH PUBLIC HEARING NOTICE NORTH RICHi.a.rhND HILLS CASE: ZC 2018-23 You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a zoning change as shown on the attached map. APPLICANT Builders Funding Mgt LP LOCATION 7109-7201 Eden Road and 8751 Hightower Drive REQUEST Public hearing and consideration of a request from Builders Funding Mgt LP for a zoning change from AG Agricultural and R-1-S Special Single-Family to R-2 Single- Family Residential at 7109-7201 Eden Road and 8751 Hightower Drive, being 9.982 acres described as Lot 1, Block 17, Stoneybrooke Addition, and Tracts 4B1 and 4E, JB Edens Survey, Abstract 499. DESCRIPTION Proposed 21-lot single-family residential subdivision with three open space lots PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, September 5, 2019 City Council 7:00 PM Monday, September 23, 2019 MEETING LOCATION City Council Chambers-Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the request through to final action by City Council. Planning and Zoning Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION, VISIT NRHTX.COM/MAP z_ HIALEAH BR(70KR10GE w o cu CRESTViEW � z o I� cu` ASHCRAFT U. U. 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Planning and Zoning Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC 2018-23 SUP 2019-09 IM IM a r ARRINGTON, KATHY P 8801 JASON CT NORTH RICHLAND HILLS TX 76182 BIRDVILLE ISD 6125 E BELKNAP ST FORT WORTH TX 76117 BROWN, LARRY D 7101 MELISSA CT FORT WORTH TX 76182 BUILDERS FUNDING MGT LP 6900 REVERCHON CT COLLEYVILLE TX 76034 BURGESS,JOHN H 7100 MICHAEL DR NORTH RICHLAND HILLS TX 76182 CHON, EUN 7116 MICHAEL DR NORTH RICHLAND HILLS TX 76182 CLIFTON, GREG 7221 EDEN RD NORTH RICHLAND HILLS TX 76182 COOK, DARLEEN C 7105 MICHAEL DR NORTH RICHLAND HILLS TX 76182 CULLEN,JUDITH W 7120 MICHAEL DR NORTH RICHLAND HILLS TX 76182 DENSON, DENNIS R 8751 HIGHTOWER DR NORTH RICHLAND HILLS TX 76182 DURANT,JOHN M 7101 EDEN RD NORTH RICHLAND HILLS TX 76182 FOX, KYLE 7108 MICHAEL DR NORTH RICHLAND HILLS TX 76182 GREGORY,JOHN R 8801 MARTI LN NORTH RICHLAND HILLS TX 76182 HOLLAND, DON 2904 CLAY ST GRANBURY TX 76048 JACKSON,TIMOTHY 8632 CRESTVIEW DR NORTH RICHLAND HILLS TX 76182 KEENAN,CALUM 7113 MICHAEL DR NORTH RICHLAND HILLS TX 76182 KILPATRICK,SANDRA 8805 MARTI LN NORTH RICHLAND HILLS TX 76182 KOENIG, MARY HAYS 7104 MICHAEL DR FORT WORTH TX 76182 LETZ,OLIVER 7112 MICHAEL DR NORTH RICHLAND HILLS TX 76182 MADIREDDI,TRISHUL 7124 MICHAEL DR NORTH RICHLAND HILLS TX 76182 MARTIN,GREGORY 8624 CRESTVIEW DR NORTH RICHLAND HILLS TX 76182 MCCARTAN FAMILY TRUST 8804 MARTI LN NORTH RICHLAND HILLS TX 76182 MCCLAIN, OTHO R PO BOX 54024 HURSTTX 76054 MILAM, MARY ELLEN 8629 CRESTVIEW DR FORT WORTH TX 76182 MOLINETS,SARAH 7105 MELISSA CT FORT WORTH TX 76182 MOON, DANIEL 7109 MICHAEL DR NORTH RICHLAND HILLS TX 76182 NORIS, ROSARIO 8633 HIGHTOWER DR NORTH RICHLAND HILLS TX 76182 OCHANDIO, ROBERTO 8804 ASHCRAFT DR NORTH RICHLAND HILLS TX 76182 PELS, BARBARA A 8804 JASON CT NORTH RICHLAND HILLS TX 76182 PLYMALE, LEROY 8800 ASHCRAFT DR NORTH RICHLAND HILLS TX 76182 POLITO, RICHARD A 7117 MICHAEL DR NORTH RICHLAND HILLS TX 76182 PRUETT, DEBORAH JUNE 8808 ASHCRAFT DR NORTH RICHLAND HILLS TX 76182 RILEY, DONALD 8805 JASON CT NORTH RICHLAND HILLS TX 76182 RODRIGUEZ,ALFRED 8629 HIGHTOWER DR NORTH RICHLAND HILLS TX 76182 NOTIFIED PROPERTY OWNERS ZC 2018-23 SUP 2019-09 IM IM a r SIFUENTES, DARLA MUNDIE 7121 MICHAEL DR NORTH RICHLAND HILLS TX 76182 SUTTON, PERRON R 8809 JASON CT NORTH RICHLAND HILLS TX 76182 UPCHURCH, PATRICIA 7217 EDEN RD NORTH RICHLAND HILLS TX 76182 WALLOCH, MARILYN ELAINE 8808 MARTI LN NORTH RICHLAND HILLS TX 76182 WEED, DANIEL E 8625 HIGHTOWER DR NORTH RICHLAND HILLS TX 76182 WEST, BRENT W 7804 VINEYARD CT NORTH RICHLAND HILLS TX 76182 WILLIAMS, MARY 8800 JASON CT NORTH RICHLAND HILLS TX 76182 WOHLDMANN,WM J 8800 MARTI LN NORTH RICHLAND HILLS TX 76180 ZC 2018-23 Opposition Map LL 7217 7221 7220 7244 w Q 7225 7 1 �CS624 8628 EVERCL-A{3E- 7216 7112. 3 8620 ?'� 7213 ; 8616 7113 f— 7109 7200 � 7204 7208� 7212�1 7214 7223 7109 ,,, 7108 8617 8625 8621 8° 7 0. lima �05 U 7104 uo Q ftESTMEW DR 7101 � 7100 7 01 8632 ----------A&H-C' F-F{3R----- 8620 86 8628 8800 8804 8 8 8812 7201 E81E 8621 25 � 8629 8633 8751 8805.... 9 8801 8813 81 --------- _H� Hi©bbER 712 71 8812 7124 8800 ' 8804 8 08 8 16 7121C 71 1 7109 116, J J � .. 71 880118805� 09� 8"17 112� 71 30.. 1 1 18813 108 710 JASO C-T 4 7108 710� 7105 Q 7104 00188041188081 8811 188121 7100 7101 " 8809 100 —I ; BROGKYFEW-DF . 86318637 f f 86��8629 � 3� 8637 � 8641 �� 8645 J 86491 8653 8657� � 8661 , 7036 � J 1 18641 8805 7036 7037 7012 ' 7017 ---------------------VViS.H[NG TREE-LN--------------------- 7032 ; 7032 7033 Y 8801 7012 7013 7028 7013 4� 8644 � 864818652 , 8656 8660 7028 7029 7 I I 7008 8800 008 7009 7024 7009 CO ; 7024 7025 7008 7005 7004 7005 7004 7020 7021 7020 I 7005 0 7004 Legend ..................................................................................................................................................................................................................................... 47.5% of property within the public notice ------------- buffer has objected to the proposal. Subject Property .... .... .... .... .... .... .... Opponents to Request Opponents Outside Buffer N Feet Public Notice Buffer (200 ft) 0 125 250 375 500 ZC iw� ammo3 / mmoo 09 From: E Chon To: Planning Subject: Zoning Change for ZC 2018-23; 7109 Eden Road Date: Wednesday,August 28, 2019 7:07:16 PM 0° T'ERNAL EMAI L>This email'otiginated from outside of,the organization.Please review the sender information and email content for legitimacy before clicking links or opening attachments.; Dear North Richland Hills Planning &Zoning, I am writing to you because I am one of the homeowners that is affected by this zoning development for ZC 2018-23; 7109 Eden Road. I do not agree with it and am using this correspondence to protest it. Please let me know if there is an official form or format of protesting than writing to you. Thank you very much. Eun S Chon 7116 Michael Drive North Richland Hills, TX 71682 000i i ammo3 / ... 09 From: Edith Letz To: Planning Subject: Letter of opposition for Public Hearing Notice Case ZC 2018-23 and SUP 2019-09 Date: Tuesday,August 27,2019 3:32:02 PM ° wlwERNAL EMAI L>This email'okiginated from outside of,the organization.Please review the sender information and email content for legitimacy before clicking links or opening attachments.; Dear Planning & Zoning Commission Board members, We have received your letter in regards to Public Hearing Notice Case ZC 2018-23 and SUP 2019-09. We enjoyed the peaceful large pasture land and view of these two properties for many years and with regret we realize that this might come to an end soon. Since we are not experts in dealing with such a change request, would you please let us know what kind of effective opposition arguments neighboring home owners could have to prevent the zoning change. Thank you for your reply and keeping us informed about the proposed changes in our neighborhood. Kind regards, Edith & Oliver Letz 817-899-5993 ZC 2018-23 / SUIP 2019-09 September 03, 2019 City of North Richland Hills Planning and Zoning Department 4301 City Point Drive NRH,TX 76180 RE: ZC 2018-23 (related files PP 2018-05, FP 2019-05-SUP 2019-09) Public hearing and consideration of a request from Builders Funding Mgt LP for a zoning change from AG Agricultural and R-1-S Special Single-Family to R-2 Single-Family Residential at 7109-7201 Eden Road and 8751 Hightower Drive, being 9.982 acres described as Lot 1, Block 17, Stoneybrooke Addition, and Tracts 4131 and 4E,JB Edens Survey, Abstract 499. Dear Planning&Zoning Commission Board Members, I live in a neighborhood close to the zoning change being requested on Eden road and I am opposed to the zoning change for the following reasons: 1. The aesthetics of the neighborhood along Eden will change a. Increased density of homes, nearly 3 times the possible number of units per current zoning. b. The current zoning for the property is: Current 2onirw, rim Rear min Yard max Min Lot Main Lot Dvvelling M m Open Density* Max No. Area Current Min Lot width 1leptls 5'iiZe froint Pw7pn Siide Min Rear SIPaoe (Units of )ac) Zoning Area)ft) I (ft) (ft) (sf') Yard)ft) Yard(ft) Yard(ft) Area i%) IPerAcre) Dwellings Tract I 1X00 AG 87„120 None None stone 25 10 20 20 0,35 1 1 3,7 r3w'1 13,,00,0 gS 120 2,3�00 �'�5 10 lu3 20 ..52 �10 Tract 2 �t, 9 Aa3 37,1'7C1 fJoome None 25 1f1 to 2n 1."2'S 2 ......... ......... *Assurnong 30%of hand for streets Tonal)number of units allowed by zoning. 13 c. The proposed Zoning will nearly triple the density: Proposed zonirr I,lwrtln Rear hi6n Yard Max rYtwn Lot lwtum Cot. 1lwueitimg Min Open Density* Max No. Area Curireint Min Lot Width Depth size frrcront hZi'iinSiide fwTiur Hear'', Space QUniits of )a'c') Zoning Area(ft) f't) (ft) )sf') Yard)ft) 'Yard(ft) Yard)ft) 'Area(%) Per Acre) 1twelllun s Tract 1+2 5,735 Ru2 I 5,ODO 72„5 110 1 2p000 20 10 10 20 33,15 Sul "Assu wmurrg 25 of land for streets Total nurn er of unfits aIlowed lty toning. 34 ZonMg woauVd allow for 34 dwrueliing units,airnost three times what the current zoniMg allows. Cince it its rezoned,thus developer or another derreioper in the future can rrmaxinm�'ute the number of units per the zoning. d. Allow for smaller lots e. Allow for narrower lots f. Allow for smaller dwellings 2. Eden currently is a small 2 lane road with large trees and lots along the road. Have the following studies been accounted for to review for the impact of the new proposed zoning: a. Complete Traffic Impact Analysis i. Increased density increases traffic flow and there is already a large number of cars that cut down Eden and Rumfield creating a dangerous area for the neighborhood kids and increased traffic accidents. ZC 2018-23 / SUIP 2019-09 ii. When Hightower was platted originally it was across one large lot and not intended to be used for a high density neighborhood which is now being requested. b. Complete Downstream Assessment showing no negative impacts from the increased storm water volume i. Increased density increases the volume of storm water runoff. There have already been several changes to Eden recently due to runoff and this would increase runoff. Will the drainage infrastructure in place be sufficient? 3. The current plans submitted don't show the following accommodations as listed on the NRH's city plans. Once these are accounted for how will this impact the neighborhood. a. Does not show the minimum 8' wide Neighborhood Trail that is shown on the master trail plan )h,nvv G......... ....... ffl f,VE',trfw7rvlgje Swc N,5 KS MruNewV.am 83"1 xS1,16 gru,*1w . .. e '4 S r ; ewra-.mw,mi UNIM,rtii 0,m"'J" ,wwm7.lea u,.. A,m cr im 4"I wv//,fry iar,w xm�r aw,n w � .. rroiPP;m, H{ plmy-e c4'"'oo b. Does not show how the Bike Boulevard (as shown on the NRH Bike Plan) is accommodated 4. School Zoning a. The area is zoned for two different elementary schools. Will the neighborhood be split in half or will a rezoning of schools need to be considered. How will the added homes affect potential class sizes? 5. The final Plat of Eden Estates was prepared without the benefit of a title report. There has not been a full title search performed on the properties to verify there are no additional encumbrances to the land. Will a title search be performed prior to approving the final plat? There could be existing easements that negatively impact the property. 6. Subsurface utilities have not been located on the property. There may be utilities that serve the property or the neighboring properties that have not been accounted for. Please consider keeping the aesthetics of Eden in place and do not rezone these properties. I am opposed to the rezoning for this property for the above stated reasons. Thank you, Desiree Hurst NRH,TX 76182 000i i ammo3 / ... 09 From: Pea Spradlina To: Planning Subject: Zoning Change for ZC 2018-23; 7109-7201 Eden Road Date: Tuesday,September 3,2019 2:02:04 PM ° wlwERNAL EMAI L>This email'okiginated from outside of,the organization.Please review the sender information and email content for legitimacy before clicking links or opening attachments.; Nrhtx.com indicates that air quality is an issue that the city acknowledges. Their Air Quality page states "Excessive ozone and air pollution is a threat to our public health and our economy. Because every car or truck we drive increases ozone levels, the city continuously looks for ways to decrease vehicle emissions." Is granting a zoning change to, again, substantially increase the density of the general neighborhood, one of the ways the city is helping to save what little air quality we have left? 21 new houses with 2-3 cars each? My point is that every time a new subdivision is developed, the traffic, air-quality, and health of property owners and their children near these developments are negatively impacted. An example of this is the 25+ cars backed up to Northfield Dr regularly during peak times on the westbound lane of Rumfield Rd at the stoplight at Davis Blvd. The cut-through traffic has increased at Kirk Rd and at Stonybrooke Dr. In the meantime, those of us who have homes in the general neighborhood are unable to "use and enjoy" our properties. We cannot sit on our porches or patios due to the carbon monoxide fumes and traffic noise. What parent would want their children to play in their backyard with 25+ idling cars producing and discharging toxic fumes to fill their lungs? Another 21 houses with their 2-3 cars will significantly increase the traffic on Eden Rd. Since the aforementioned traffic on Rumfield Rd has increased, it is already a waiting game to make a turn onto Rumfield from Eden Rd. Most likely, a traffic light will need to be installed if these homes are built. Traffic backing up will also be an issue at the railroad crossing at Eden Rd and Amundson Rd. Many of us purchased homes in this area of North Richland Hills specifically for the low density of the area. We were looking for neighborhoods that had large acreage horse properties or 1-2 acre single family homes. We like trees, green space, and some open views. We also want the availability of affordable water, even during drought times. That is the character that these North Richland Hills neighborhoods emanated. If we wanted cookie- cutter subdivisions and miles of concrete slabs and brick walls, we would not have chosen North Richland Hills. I beseech the planning and zoning commission to please rule in favor of our air-quality and overall quality of life by allowing a lower density development of say 9 units on not less than 1-acre lots. Surely this executive estate home price segment could generate similar tax revenue for NRH as a 21 unit development. I understand that Michael Turner and his Builders Funding Group as the property owner have the right to sell the property at a sale price to achieve a high return on the investment. We'd prefer the area to stay low density and a development of 1-acre estate homes would be preferred for a still favorable return on investment. 000i i ammo3 / ... 09 Peggy Spradling 7528 Kirk Rd North Richland Hills, TX 76182 ZC 2018-23 / SUIP 2019-09 -----Original Message----- From:Judy Cullen Sent: Wednesday, September 04, 2019 10:27 AM To: NRHADMIN NRHADMIN < „Ifs IH II i r i,I ... ....... ..... ..................... ..................................................................... Subject: Case:ZC 2018-24 To whom it may concern: My property backs up to the area involved in this zoning change. I'm very concerned after studying the plans, on the information I received, that too many properties are going to be built in this area &that the traffic load on Hightower is going to be very dangerous for homeowners. Hightower already is our only way out of my subdivision &will be the only way out for an additional +/- 21 properties. Please reconsider the amount of properties that will be built, additional families in this area &quantity of vehicles.Allowing such a high concentration of homes is going to devalue properties & increase the automobile danger for everyone. Sincerely,Judith W. Cullen (7120 Michael Drive) Sent from my iPhone ORDINANCE NO. 3603 ZONING CASE ZC 2018-23 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 REZONING A 9.982-ACRE TRACT OF LAND LOCATED AT 7109-7201 EDEN ROAD AND 8751 HIGHTOWER DRIVE FROM AG (AGRICULTURAL) AND R-1-S (SPECIAL SINGLE- FAMILY) TO R-2 (SINGLE-FAMILY RESIDENTIAL); 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 the Vision203O Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision203O Land Use Plan map provides guidance for future development in conformance with the adopted Vision203O Land Use Plan; and WHEREAS, the owner of the property containing approximately 9.982 acres of land located at 7109-7201 Eden Road and 8751 Hightower Drive (the "Property") has filed an application to rezone the Property from its present classification of AG (Agricultural)and R-1-S (Special Single-Family)to R-2 (Single-Family Residential); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on September 5, 2019, and the City Council of Ordinance No. 3603 ZC 2018-23 Page 1 of 4 the City of North Richland Hills, Texas, held a public hearing on September 23, 2019, with respect to the zoning change 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 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 rezoning from AG (Agricultural) and R-1-S (Special Single- Family) to R-2 (Single-Family Residential) 9.982 acres of property described as Tracts 4B1 and 4E, JB Edens Survey, Abstract 499, and Lot 1, Block 17, Stoneybrooke Addition, commonly referred to as 7109-7201 Eden Road and 8751 Hightower Drive, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. Section 2: That the official zoning map of the City of North Richland Hills is amended and the Planning Director is directed to revise the official zoning map to reflect the approved R-2 (Single-Family Residential) zoning, as set forth above. Section 3: 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 4: 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 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. Ordinance No. 3603 ZC 2018-23 Page 2 of 4 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 AND APPROVED on the 23rd day of September, 2019. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Ordinance No. 3603 ZC 2018-23 Page 3 of 4 ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Planning Director Ordinance No. 3603 ZC 2018-23 Page 4 of 4 Exhibit A— Property Description—Ordinance No. 3603 Zoning Case ZC 2018-23 Tracts 4B1 and 4E JB Edens Survey,Abstract 499 Lot 1, Block 17, Stoneybrooke Addition 7109-7201 Eden Road and 8751 Hightower Drive, North Richland Hills,Texas WHEREAS Builders Funding MGT, LP and Dennis and Lisa Denson are the owner of all that certain 9.982 acres of land, which is all of Lot 1, Block 17, Stonybrooke Addition, recorded in Cabinet A, Slide 4915, recorded in the Public Records of Tarrant County, Texas (P.R.T.C.T.), a one-acre tract recorded in Document Number D217067196, P.R.T.C.T., and a 4.995-acre tract recorded in Document Number D218060095, P.R.T.C.T.,in the J.B. Edens Survey,A-499,City of North Richland Hills,Tarrant County,Texas, and more particularly described by metes and bounds as follows (all bearings shown hereon are based on the south line of the said 4.995-acre tract); BEGINNING at a 5/8-inch iron rod with an aluminum cap found for the southwest corner of the herein described tract, common to the southwest corner of said 4.995-acre tract, in the east line of Block 3, Stoney Ridge, recorded in Cabinet A, Slide 3161, P.R.T.C.T.; THENCE North 00 degrees 05 minutes 25 seconds East passing at a distance of 13.87 feet a %-iron rod with a cap stamped "MOAK" found for the northeast corner of Lot 4, of said Block 3, Stoney Ridge, then passing at a distance of 229.49 feet a%-inch iron rod with a cap stamped "MOAK"found for the northeast corner of Lot 1, of said Block 3, Stoney Ridge, in the south right-of-way line of Hightower Drive (68 foot right-of-way), then passing at a distance of 297.99 feet a 5/8-inch iron rod with a cap stamped "DOWDY" found for the southeast corner of Lot 29, Block 15, Stoneybrooke Addition, recorded in Volume 388-164, Page 37, P.R.T.C.T., in the north right-of-way line of said Hightower Drive, continuing for a total distance of 489.67 feet to the northwest corner of the herein described tract; THENCE North 89 degrees 03 minutes 32 seconds East—887.38 feet to the northeast corner of the herein described tract, common to the northeast corner of said one acre tract, in the centerline of Eden Road; THENCE along the centerline of said Eden Road the following courses: South 00 degrees 00 minutes 55 seconds East — 151.81 feet (called 152.00 feet) to the southeast corner of said one acre tract; South 00 degrees 04 minutes 41 seconds East—99.39 feet to the northeast corner of said 4.995 acre tract; South 00 degrees 15 minutes 21 seconds West — 245.05 feet (called 245.28 feet) to the southeast corner of the herein described tract, common to the southeast corner of said 4.995 acre tract and a five acre tract conveyed to John and Nona Durant, recorded in Volume 4045, Page 628, P.R.T.C.T.; THENCE South 89 degrees 05 minutes 44 seconds West passing at a distance of 21.63 feet a %-inch iron rod found in the west right-of-way line of said Eden Road, continuing for a total distance of 887.21 feet (called 887.29 feet)to the POINT OF BEGINNING and containing 9.982 acres of land. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE SEPTEMBER 5, 2019 C.2 ZC 2018-23 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM BUILDERS FUNDING MGT LP FOR A ZONING CHANGE FROM AG AGRICULTURAL AND R-1-S SPECIAL SINGLE-FAMILY TO R-2 SINGLE-FAMILY RESIDENTIAL AT 7109-7201 EDEN ROAD AND 8751 HIGHTOWER DRIVE, BEING 9.982 ACRES DESCRIBED AS LOT 1, BLOCK 17, STONEYBROOKE ADDITION, AND TRACTS 4131 AND 4E, JB EDENS SURVEY, ABSTRACT 499. APPROVED Chair Welborn introduced the item, opened the public hearing, and called for Planning Director Clayton Comstock to introduce Items C.2, C.3, D.3, and DA as they are associated with the same property. Mr. Comstock introduced the requests. Chair Welborn called for the applicant to present the request. Curtis Young, Sage Group, 1130 N. Carroll Ave, Southlake, Texas, presented the request. Commissioner Werner and the applicant discussed fence material and location of the fence. Chair Welborn called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. Mr. Comstock called for Civil Engineer Justin Naylor to discuss the drainage on the properties. Mr. Naylor, Chair Welborn, and Ex-Officio Duepree discussed the detention ponds and drainage on the properties. Commissioner Orr and Mr. Naylor discussed pre-condition drainage and the purpose of a detention pond. Vice Chair Tyner, Chair Welborn, Ex-Officio Duepree, and Mr. Naylor discussed the flow and location of drainage. September 05, 2019 Planning and Zoning Commission Meeting Minutes Page 1 of 3 Chair Welborn and Mr. Comstock discussed existing right-of-way on the property. Vice Chair Tyner, Commissioner Orr, and Mr. Comstock discussed future plans for Eden Road. Ex-Officio Deupree and Mr. Comstock discussed traffic on Hightower Drive and Eden Road. Commissioner Luppy, Vice Chair Tyner, and Mr. Comstock discussed installation of a traffic signal at Hightower Drive and Davis Boulevard. Ex-Officio Deupree and Mr. Comstock discussed the size of the greenbelt and maintenance of the open space. Ex-Officio Deupree and Mr. Naylor discussed runoff and the size of the pipe used for drainage in the detention pond. Vice Chair Tyner and Mr. Comstock discussed the maintenance costs and responsibilities of the homeowners association for maintenance of the detention ponds. The applicant discussed the HOA and maintenance of the area, and the lifespan of the detention ponds. Mr. Naylor discussed the detention pond and maintenance requirements. Mr. Naylor mentioned that the width of the outfall structure is eight feet. Chair Welborn called for anyone wishing to speak for or against the request to come forward. John Durant, 7101 Eden Road, North Richland Hills, spoke against the request. Oliver Letz, 7112 Michael Drive, North Richland Hills, spoke against the request. Dennis Denson, 8751 Hightower Drive, North Richland Hills, spoke in favor the request. David Nash, 7217 Eden Road, North Richland Hills, spoke against the request. O.R. McClain, 8809 Marti Lane, North Richland Hills, spoke against the request. September 05, 2019 Planning and Zoning Commission Meeting Minutes Page 2 of 3 Eun Chon, 7116 Michael Drive, North Richland Hills, spoke against the request. Chair Welborn called for anyone wishing to speak for or against the request to come forward. There being no one else wishing to speak, Chair Welborn closed the public hearing. Chair Welborn and Mr. Comstock discussed the fencing requirement for the property. Chair Welborn and Mr. Comstock discussed the traffic and traffic counts for Hightower Drive. Mr. Naylor discussed the depth of the detention pond and elevation changes. Commissioner Bowen and Mr. Naylor discussed requirements for fencing around detention ponds. Chair Welborn and Mr. Naylor discussed water flow and spread from the lots and the effects on neighboring lots. Ex-Officio Deupree and Mr. Naylor discussed the benefits of both detention ponds and retention ponds, including their differences. Mr. Comstock mentioned a setback for the area near Mr. Durant's property. A MOTION WAS MADE BY COMMISSIONER OLVEY, SECONDED BY COMMISSIONER BOWEN TO APPROVE ZC 2018-23. MOTION TO APPROVE CARRIED 6-1, WITH COMMISSER WERNER VOTING AGAINST. September 05, 2019 Planning and Zoning Commission Meeting Minutes Page 3 of 3 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2019 SUBJECT: SUP 2019-09, Ordinance No. 3604, Public hearing and consideration of a request from Builders Funding Mgt LP for a special use permit for detention/retention storage facilities at 7109- 7201 Eden Road and 8751 Hightower Drive, being 9.982 acres described as Lot 1, Block 17, Stoneybrooke Addition, and Tracts 4131 and 4E, JB Edens Survey, Abstract 499. PRESENTER: Clayton Comstock, Planning Director SUMMARY: Builders Funding Mgt LP is requesting a special use permit for two detention/retention storage facilities associated with the final plat of Eden Estates. The property under consideration is located on the west side of Eden Road across from the intersection of Marti Lane. GENERAL DESCRIPTION: The applicant is requesting approval of a Special Use Permit to authorize the use of a retention 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. Two detention/retention storage facilities are proposed in the development. The facilities would be located on open space lots owned and maintained by the homeowners association. Pond A (Lot 1X). This pond is located at the northwest corner of Eden Road and Hightower Drive. It is intended to be a wet pond with a water depth of approximately six feet and be aerated through use of a bubbler or fountain. Pond B (Lot 5X). This pond is located on the south side of Hightower Drive approximately 350 west of Eden Road. This pond is intended to be a dry pond. It r4RH NORTH RICHLAND HILLS includes two concrete pilot channels to direct water to an outfall structure on the south side of the lot, where water would discharge into the open space lot. r:. " rra; Rd1'tll4'WAAIVINl�I11pIlIpVy8B8888888888888888986VM , J ;;�r rs'f r qrr In u 7 "m..—... IMY�PPN�Y�"ihtll�VYk�IiYJ�NG d, � m�muwmus�t�gi�riMo�rrrrrrrrrrr�t � '�'�� j Two detention ponds are proposed. A "wet"retention pond with fountain at the intersection of Hightower& Eden (right) and a dry detention pond midblock on the south side of the new Hightower Drive. Landscaping Zoning standards require that all retention ponds be landscaped. A conceptual landscape plan is attached. A formal landscape plan for the open space areas must be reviewed and approved by the Development Review Committee (DRC) before final acceptance of the public infrastructure for Eden Estates. 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 special use permit. Generally, the agreement will require 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 ponds on the site. The proposed conditions of approval for this SUP application are attached. r4RH NORTH RICHLAND HILLS LAND USE PLAN: This area is designated on the Land Use Plan as Low Density Residential. This designation promotes quality neighborhoods of conventional suburban single-family detached homes. CURRENT ZONING: The property is currently zoned AG Agricultural and R-1-S Special Single-Family. PROPOSED ZONING: The proposed zoning is R-2 Single-Family Residential (see ZC 2018-23). This district is intended to provide areas for low density development of single- family detached dwelling units which are constructed at an approximate density of 4.0 units per acre. SURROUNDING ZONING ( LAND USE: ® ® NORTH R-1-S Special Single-Family Low Density Residential Single-family residence R-2 Single-Family Residential Single-family residences WEST Low Density Residential (Stonybrook Addition and Stoney R-3 Single-Family Residential Ridge Addition) SOUTH AG Agricultural Low Density Residential Single-family residence EAST R-2 Single-Family Residential Low Density Residential Single-family residences(Eden Addition) PLAT STATUS: A portion of the property is currently unplatted and a portion is currently platted as Lot 1, Block 17, Stonybrooke Addition. A preliminary plat and final plat are associated items on the September 23, 2019, agenda (see PP 2018-05 and FP 2019- 05). PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the September 5, 2019, meeting and voted 6-1 (Werner) to recommend approval. RECOMMENDATION: Approve Ordinance No. 3604. bP�Z) `1400O 0 1 ,. ��2by 6d� `1.dQ 0031 ��O SWOS3�01 0 LL ul 0 x a N A3ajj3r , c-I r AHVI H 31O3IN a VSSIl3W w w m LU A31NIN z uuppuVluu uuV II N dnoASSQW 3QV19 i3A1 l3`dHDIW' 43?JVF NVWa3H C4 W N W \ 3 OO o 0 x, w closso E O! d m HIHOMHS`d cc Z � Q a f. J o M Y 1 �,� s9, 5• ���yi". O r / a, 4 7�. f / �j I I � f P f ✓ 4 J r J� / �l f b, �F Ml� ✓%a, � � f r f I ao CD � N f( U12 ,I N pp � bA llI l� cc cc i „w jq RH PUBLIC HEARING NOTICE NORTH RICHE AND HILLS CASE: SUP 2019-09 You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a special use permit as shown on the attached map. APPLICANT Builders Funding Mgt LP LOCATION 7109-7201 Eden Road and 8751 Hightower Drive REQUEST Public hearing and consideration of a request from Builders Funding Mgt LP for a special use permit for detention/retention storage facilities at 7109-7201 Eden Road and 8751 Hightower Drive, being 9.982 acres described as Lot 1, Block 17, Stoneybrooke Addition, and Tracts 4B1 and 4E, JB Edens Survey, Abstract 499. DESCRIPTION Proposed 21-lot single-family residential subdivision with two detention ponds PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, September 5, 2019 City Council 7:00 PM Monday, September 23, 2019 MEETING LOCATION City Council Chambers-Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the request through to final action by City Council. Planning and Zoning Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION, VISIT NRHTX.COM/MAP z_ HIALEAH BR(70KR10GE w o cu CRESTViEW � z o I� cu` ASHCRAFT U. U. HIGHTOWEf MARTIp� fl fl MATT mo uuuuumuuuummlNuuumuulmm uuuumllouuuu om JASON BROOKVIEW r�" 0 d WISHING TREE 2� lb - iP vLY.Jfltt�.TM9Tl'..F) 'AM! UFCNUftCH fl.=.... Q9C.M0 D7.04139Tlh P A{.T.t'..T. pfk'Wf T4h ) ! SE (fl UI)E CQE EEIT ;,wEo Y 'UY U.E. C)4..N1 tRGH54'R.. i (N EY FIY THI LAi} /Y 1 l- (.1 TI ttn 1 (rIv TII NLai1"I N Et711' 3 E NHf 9fi zoo L '✓ FW tl ,J�.YBR">v ... (ViY THI 6 fl T9 5yq A AO! R fi 4 r k C J \ Yn of I._IL.. ! 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L[IL ( Fl11V1lidt '. foula v 'W IEx MOT J Rm ,i 0EAN T ;b/.11 A,— OC NO,O; E060095 p.T r ft 'e LbC,. s �r rr-R eax.an` Planning and Zoning Department 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC 2018-23 SUP 2019-09 IM IM a r ARRINGTON, KATHY P 8801 JASON CT NORTH RICHLAND HILLS TX 76182 BIRDVILLE ISD 6125 E BELKNAP ST FORT WORTH TX 76117 BROWN, LARRY D 7101 MELISSA CT FORT WORTH TX 76182 BUILDERS FUNDING MGT LP 6900 REVERCHON CT COLLEYVILLE TX 76034 BURGESS,JOHN H 7100 MICHAEL DR NORTH RICHLAND HILLS TX 76182 CHON, EUN 7116 MICHAEL DR NORTH RICHLAND HILLS TX 76182 CLIFTON, GREG 7221 EDEN RD NORTH RICHLAND HILLS TX 76182 COOK, DARLEEN C 7105 MICHAEL DR NORTH RICHLAND HILLS TX 76182 CULLEN,JUDITH W 7120 MICHAEL DR NORTH RICHLAND HILLS TX 76182 DENSON, DENNIS R 8751 HIGHTOWER DR NORTH RICHLAND HILLS TX 76182 DURANT,JOHN M 7101 EDEN RD NORTH RICHLAND HILLS TX 76182 FOX, KYLE 7108 MICHAEL DR NORTH RICHLAND HILLS TX 76182 GREGORY,JOHN R 8801 MARTI LN NORTH RICHLAND HILLS TX 76182 HOLLAND, DON 2904 CLAY ST GRANBURY TX 76048 JACKSON,TIMOTHY 8632 CRESTVIEW DR NORTH RICHLAND HILLS TX 76182 KEENAN,CALUM 7113 MICHAEL DR NORTH RICHLAND HILLS TX 76182 KILPATRICK,SANDRA 8805 MARTI LN NORTH RICHLAND HILLS TX 76182 KOENIG, MARY HAYS 7104 MICHAEL DR FORT WORTH TX 76182 LETZ,OLIVER 7112 MICHAEL DR NORTH RICHLAND HILLS TX 76182 MADIREDDI,TRISHUL 7124 MICHAEL DR NORTH RICHLAND HILLS TX 76182 MARTIN,GREGORY 8624 CRESTVIEW DR NORTH RICHLAND HILLS TX 76182 MCCARTAN FAMILY TRUST 8804 MARTI LN NORTH RICHLAND HILLS TX 76182 MCCLAIN, OTHO R PO BOX 54024 HURSTTX 76054 MILAM, MARY ELLEN 8629 CRESTVIEW DR FORT WORTH TX 76182 MOLINETS,SARAH 7105 MELISSA CT FORT WORTH TX 76182 MOON, DANIEL 7109 MICHAEL DR NORTH RICHLAND HILLS TX 76182 NORIS, ROSARIO 8633 HIGHTOWER DR NORTH RICHLAND HILLS TX 76182 OCHANDIO, ROBERTO 8804 ASHCRAFT DR NORTH RICHLAND HILLS TX 76182 PELS, BARBARA A 8804 JASON CT NORTH RICHLAND HILLS TX 76182 PLYMALE, LEROY 8800 ASHCRAFT DR NORTH RICHLAND HILLS TX 76182 POLITO, RICHARD A 7117 MICHAEL DR NORTH RICHLAND HILLS TX 76182 PRUETT, DEBORAH JUNE 8808 ASHCRAFT DR NORTH RICHLAND HILLS TX 76182 RILEY, DONALD 8805 JASON CT NORTH RICHLAND HILLS TX 76182 RODRIGUEZ,ALFRED 8629 HIGHTOWER DR NORTH RICHLAND HILLS TX 76182 NOTIFIED PROPERTY OWNERS ZC 2018-23 SUP 2019-09 IM IM a r SIFUENTES, DARLA MUNDIE 7121 MICHAEL DR NORTH RICHLAND HILLS TX 76182 SUTTON, PERRON R 8809 JASON CT NORTH RICHLAND HILLS TX 76182 UPCHURCH, PATRICIA 7217 EDEN RD NORTH RICHLAND HILLS TX 76182 WALLOCH, MARILYN ELAINE 8808 MARTI LN NORTH RICHLAND HILLS TX 76182 WEED, DANIEL E 8625 HIGHTOWER DR NORTH RICHLAND HILLS TX 76182 WEST, BRENT W 7804 VINEYARD CT NORTH RICHLAND HILLS TX 76182 WILLIAMS, MARY 8800 JASON CT NORTH RICHLAND HILLS TX 76182 WOHLDMANN,WM J 8800 MARTI LN NORTH RICHLAND HILLS TX 76180 ORDINANCE NO. 3604 CASE SUP 2019-19 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW TWO DETENTION/RETENTION STORAGE FACILITIES TO BE LOCATED AT 7109-7201 EDEN ROAD AND 8751 HIGHTOWER DRIVE; 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 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 owner of the property located at 7109-7201 Eden Road and 8751 Hightower Drive (the "Property") has filed an application for a Special Use Permit for a detention/retention storage facility; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on September 5, 2019, and the City Council of the City of North Richland Hills, Texas, held a public hearing on September 237 2019, 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, Ordinance No. 3604 SUP 2019-19 Page 1 of 4 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 two detention/retention storage facilities on 9.982 acres of property described as Tracts 4B1 and 4E, JB Edens Survey, Abstract 499, and Lot 1, Block 17, Stoneybrooke Addition, commonly referred to as 7109-7201 Eden Road and 8751 Hightower Drive 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 Director 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 event the conflicting provisions of such ordinances and such code are hereby repealed. Ordinance No. 3604 SUP 2019-19 Page 2 of 4 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 AND APPROVED on the 23rd day of September, 2019. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Ordinance No. 3604 SUP 2019-19 Page 3 of 4 ATTEST: Alicia Richardson, City Secretary APPROVED AS TO CONTENT: Clayton Comstock, Planning Director APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney Ordinance No. 3604 SUP 2019-19 Page 4 of 4 Exhibit A— Property Description—Ordinance No. 3604 Special Use Permit Case SUP 2019-09 Tracts 4B1 and 4E JB Edens Survey,Abstract 499 Lot 1, Block 17, Stoneybrooke Addition 7109-7201 Eden Road and 8751 Hightower Drive, North Richland Hills,Texas WHEREAS Builders Funding MGT, LP and Dennis and Lisa Denson are the owner of all that certain 9.982 acres of land, which is all of Lot 1, Block 17, Stonybrooke Addition, recorded in Cabinet A, Slide 4915, recorded in the Public Records of Tarrant County, Texas (P.R.T.C.T.), a one-acre tract recorded in Document Number D217067196, P.R.T.C.T., and a 4.995-acre tract recorded in Document Number D218060095, P.R.T.C.T.,in the J.B. Edens Survey,A-499,City of North Richland Hills,Tarrant County,Texas, and more particularly described by metes and bounds as follows (all bearings shown hereon are based on the south line of the said 4.995-acre tract); BEGINNING at a 5/8-inch iron rod with an aluminum cap found for the southwest corner of the herein described tract, common to the southwest corner of said 4.995-acre tract, in the east line of Block 3, Stoney Ridge, recorded in Cabinet A, Slide 3161, P.R.T.C.T.; THENCE North 00 degrees 05 minutes 25 seconds East passing at a distance of 13.87 feet a %-iron rod with a cap stamped "MOAK" found for the northeast corner of Lot 4, of said Block 3, Stoney Ridge, then passing at a distance of 229.49 feet a%-inch iron rod with a cap stamped "MOAK"found for the northeast corner of Lot 1, of said Block 3, Stoney Ridge, in the south right-of-way line of Hightower Drive (68 foot right-of-way), then passing at a distance of 297.99 feet a 5/8-inch iron rod with a cap stamped "DOWDY" found for the southeast corner of Lot 29, Block 15, Stoneybrooke Addition, recorded in Volume 388-164, Page 37, P.R.T.C.T., in the north right-of-way line of said Hightower Drive, continuing for a total distance of 489.67 feet to the northwest corner of the herein described tract; THENCE North 89 degrees 03 minutes 32 seconds East—887.38 feet to the northeast corner of the herein described tract, common to the northeast corner of said one acre tract, in the centerline of Eden Road; THENCE along the centerline of said Eden Road the following courses: South 00 degrees 00 minutes 55 seconds East — 151.81 feet (called 152.00 feet) to the southeast corner of said one acre tract; South 00 degrees 04 minutes 41 seconds East—99.39 feet to the northeast corner of said 4.995 acre tract; South 00 degrees 15 minutes 21 seconds West — 245.05 feet (called 245.28 feet) to the southeast corner of the herein described tract, common to the southeast corner of said 4.995 acre tract and a five acre tract conveyed to John and Nona Durant, recorded in Volume 4045, Page 628, P.R.T.C.T.; THENCE South 89 degrees 05 minutes 44 seconds West passing at a distance of 21.63 feet a %-inch iron rod found in the west right-of-way line of said Eden Road, continuing for a total distance of 887.21 feet (called 887.29 feet)to the POINT OF BEGINNING and containing 9.982 acres of land. Exhibit B— Land Use and Development Regulations—Ordinance No. 3604— Page 1 of 2 Special Use Permit Case SUP 2019-09 Tracts 4B1 and 4E JB Edens Survey,Abstract 499 Lot 1, Block 17, Stoneybrooke Addition 7109-7201 Eden Road and 8751 Hightower Drive, 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 R-2 Single-Family Residential. 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. A special use permit is authorized for two detention/retention storage facilities on the property. B. Site development standards. The construction of detention/retention storage facilities is subject to the following. 1. Construction of the detention pond is subject to final approval of the engineering plans, including safety measures, by the Development Review Committee and City Engineer. 2. The detention pond must be landscaped in accordance with Chapter 114—Vegetation of the Code of Ordinances and this Exhibit"B."The landscape plan is subject to final approval by the Development Review Committee. 3. The detention pond outlet structure may be located less than fifty (50) feet from a property line. 4. The side slopes of the detention pond may exceed a 5H:1V slope. If vertical walls are included, the walls must be constructed and/or faced with natural stone. 5. The embankment for the outfall structure may be located over twelve inches above the surrounding ground. 6. The owner must execute a detention/retention storage facility maintenance agreement in conjunction with the approval of the final plat for the property. 7. The owner must execute a Developer's Maintenance Agreement with the City for erosion control at the time of final plat. The agreement shall terminate upon completion of the project. C. Amendments to Approved Special Use Permits. An amendment or revision to the special use permit (SUP) shall be processed in the same manner as the original approval. The application for an amendment or revision shall include all land described in the original ordinance that approved the SUP. The city manager or designee may approve minor amendments or revisions to the SUP standards provided the amendment or revisions does not significantly: 1. Alter the basic relationship of the proposed uses to adjacent uses; 2. Change the uses approved; 3. Increase approved densities, height, site coverage, or floor areas; Exhibit B— Land Use and Development Regulations—Ordinance No. 3604— Page 2 of 2 Special Use Permit Case SUP 2019-09 Tracts 4B1 and 4E JB Edens Survey,Abstract 499 Lot 1, Block 17, Stoneybrooke Addition 7109-7201 Eden Road and 8751 Hightower Drive, North Richland Hills,Texas 4. Decrease on-site parking requirements; 5. Reduce minimum yards or setbacks; or 6. Change traffic patterns. V GNOd N01W1130 SVX31'SIIIH (INVlH01H HiHON JO),LIO S31VIS3 N3(13 A21VNIV4113dd SNV-ld NouonUISNOO 311S ff is 22. ...... 1 V 6: 8 -2,6 -------------------- 0 z--X 9 M z Hz; o r zw nw -Tas �z go i z:E Iz P E x Ro:w e se s 1 2 Mg D Qj O. u 72 Z; T; x �-z Rz s t,0 00 ......................... ............................................... ............................................ 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APPROVED Item C.3 was presented in conjunction with items C.2, D3. and DA. A MOTION WAS MADE BY VICE CHAIR TYNER, SECONDED BY COMMISSIONER LUPPY TO APPROVE SUP 2019-09. MOTION TO APPROVE CARRIED 6-1, WITH COMMISSER WERNER VOTING AGAINST. September 05, 2019 Planning and Zoning Commission Meeting Minutes Page 1 of 1 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2019 SUBJECT: RP 2019-06 Consideration of a request from Kim ley-Horn for a replat of Davis-North Tarrant Parkway Addition, being 6.067 acres located in the 8300 block of Davis Boulevard. PRESENTER: Clayton Comstock, Planning Director SUMMARY: On behalf of Sandcap Davis-N Tarrant LLC, Kimley-Horn is requesting approval of a replat of Lots 2R3R1, 2R4R, 2R5R, 2R6R, and 2R7R, Block 1, Davis-North Tarrant Parkway Addition. This 6.067-acre property is located in the 8300 block of Davis Boulevard in front of the new Alamo Drafthouse Cinema. GENERAL DESCRIPTION: The site under consideration is located on the east side of Davis Boulevard between North Tarrant Parkway and Thornbridge Drive. The lots are presently vacant and are pad sites located adjacent to Alamo Drafthouse Cinema. The replat would make the following revisions to the previous plat. 1. The lot lines are adjusted between Lots 2R3R1, 2R4R, 2R5R, and 2R6R to revise the widths of the lots. 2. The existing 40-foot easement adjacent to Davis Boulevard is revised to a 25-foot access easement. The existing easement is currently designated as a fire lane, sidewalk, drainage, water, and sewer easement. 3. A portion of the existing 50-foot easement adjacent to the rear of the lots is abandoned. A 12.5-foot water and sewer easement will remain in place adjacent to the rear lot lines. The plat does not increase the number of lots or alter or remove any recorded covenants or restrictions, if any, on the property. As required by Section 212.015(f) of the Texas Local Government Code (effective September 1, 2019), written notice of this replat will be mailed to each owner of a lot in the Davis-North Tarrant Parkway Addition that is within 200 feet of the lots being replatted. The notice is required to be sent no later than 15 days after approval of the plat. LAND USE PLAN: This area is designated on the Land Use Plan as Retail Commercial. This category provides sites for community and regional shopping centers, commercial establishments, and employment centers. r4RH NORTH RICHLAND HILLS CURRENT ZONING: The property is currently zoned C-1 Commercial. The C-1 district is intended to provide for the development of retail service and office uses principally serving community and regional needs. The district should be located on the periphery of residential neighborhoods and at intersections of major arterial streets. It is also appropriate for major retail corridors. TRANSPORTATION PLAN: The development has frontage on the following streets. Right-of-way dedication is not required for this plat. Pill ME Davis Boulevard P6D Major Arterial Suburban Commercial 6-lane divided roadway variable right-of-way width SURROUNDING ZONING ( LAND USE: NORTH C-1 Commercial Retail Commercial Vacant property Medical clinic WEST C-1 Commercial Retail Commercial Retail shopping center AG Agricultural Vacant property SOUTH R-1 Single-Family Residential Low Density Residential Single-family residences (Thornbridge Addition) EAST C-1 Commercial Retail Commercial Alamo Drafthouse Cinema ROUGH PROPORTIONALITY DETERMINATION: The developer is responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with City design criteria. PLAT STATUS: The property is currently platted as Lots 2R3R1, 2R4R, 2R5R, 2R6R, and 2R7R, Block 1, Davis-North Tarrant Parkway Addition. DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC) recommends approval of the replat, which is in conformance with the subdivision regulations and the zoning ordinance. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the September 5, 2019, meeting and voted 7-0 to approve the plat. RECOMMENDATION: Approve RP 2019-06. 0901 wo 0 0 LLI a 0 o 0 o m 0-rivevo 0 0 0 39PHINHOH1 0 311SIHi 'os O MOOaEINHOHi S14 by C, -91 12� A? z 0 LU z C4 IM I— C'4 MOO?JG31(](IVS Cc Cc SMVOk3llVA M33HO z 0 0 0 0 X 0 311SVO z z 0L co cc LU Z-< 1 r 1 r 1 w 0 .✓///�,//r% i� o it, d it J� w 0 0 ��Jl u,✓ � n /0 r e r rt �r . / 1A�% r n I O r yryrN � ! �u r ItJ r Q r r o-, o ui w zo "N w p ao� 'o. 0 U) cH .0 1. 0<. .0 E M ir 0 a�co E z << o< o -w t5 (94 CL Ir Ej o o u) o I-- 0 NI > 9gA W, Lu cr iW 2 V !A, --—-----------I- H-nn M 0H. W, NNO So N'H g o Kati 1-0 oi o.- "o 4 /Z o A HR, -0' cy 'o ,To) MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE SEPTEMBER 5, 2019 D.6 RP 2019-06 CONSIDERATION OF A REQUEST FROM KIMLEY-HORN FOR A REPLAT OF DAVIS-NORTH TARRANT PARKWAY ADDITION, BEING 6.067 ACRES LOCATED IN THE 8300 BLOCK OF DAVIS BOULEVARD. APPROVED Chair Welborn introduced the item, and called for Principal Planner Clayton Husband to introduce the request. Mr. Husband introduced the request. Chair Welborn called for the applicant to present the request. Jonathan Kerby, Kimley-Horn, Weatherford, Texas, presented the request. Chair Welborn called for Mr. Husband to present the staff report. Mr. Husband presented the staff report. A MOTION WAS MADE BY COMMISSIONER ORR, SECONDED BY COMMISSIONER OLVEY TO APPROVE RP 2019-06. MOTION TO APPROVE CARRIED 7-0. September 05, 2019 Planning and Zoning Commission Meeting Minutes Page 1 of 1 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2019 SUBJECT: FP 2019-09 Consideration of a request from Charles and Ellen Rheinlaender for a final plat of Lot 3, Block 2, Smithfield Addition, being 1.089 acres located at 6812 Smithfield Road. PRESENTER: Clayton Husband, Principal Planner SUMMARY: Charles and Ellen Rheinlaender are requesting approval of a final plat of Lot 3, Block 2, Smithfield Addition. This 1.089-acre property is located at 6812 Smithfield Road. GENERAL DESCRIPTION: The property under consideration is a 1.089-acre tract located on the east side of Smithfield Road south of Mickey Street. The site is currently developed with a single- family residential structure and accessory building. The proposed final plat is intended to create one residential lot. Water and sanitary sewer service is available to the property. The property is currently zoned AG Agricultural, but the applicant has requested a zoning change to R-2 Single-Family Residential (see ZC 2019-14). The table below summarizes the lot standards for the proposed R-2 zoning district and the proposed lot. luiuiu i�l�i iu 0 iVlVlu1 10 uiVlViu uiuiuiu uiuiuiluiui alai Lot size 9,000 sq.ft. 1.089 acres Lot width 72.5 feet 105 ft Lot depth 110 feet 451 ft Front ..building line...............................20 feet.............................25 ft... LAND USE PLAN: This area is designated on the Land Use Plan as Low Density Residential. This designation promotes quality neighborhoods of conventional suburban single-family detached homes. General characteristics of these neighborhoods include a density of two to six dwelling units per acre and houses of one- and two-stories. CURRENT ZONING: The property is currently zoned AG Agricultural. The AG district is intended to preserve lands best suited for agricultural use from encroachment of incompatible uses, and to preserve in agricultural use, land suited to eventual development into other uses pending proper timing for practical economical provisions of utilities, major streets, schools, and other facilities so that reasonable development will occur. r4RH NORTH KICHLAND HILLS The applicant has requested a zoning change to R-2 Single-Family Residential (see ZC 2019-14), which is an associated item on the September 23, 2019, agenda. TRANSPORTATION PLAN: The development has frontage on Smithfield Road. In this area, Smithfield Road has a functional classification as a C2D Major Collector, with a roadway land use context of Suburban Neighborhood. This type of roadway is a two-lane divided street with an ultimate right-of-way of 68 feet. A right-of-way dedication of nine feet (944 square feet) is provided on the plat for Smithfield Road. SURROUNDING ZONING ( LAND USE: ® ® NORTH R-3 Single-Family Residential Low Density Residential Single-family residences R-3 Single-Family Residential Vacant WEST Low Density Residential C-2 Commercial Construction contractor shop/yard SOUTH R-2 Single Family Residential Low Density Residential Single-family residence EAST TOD Transit Oriented Development Low Density Residential Vacant ROUGH PROPORTIONALITY DETERMINATION: The developer is responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with City design criteria. PLAT STATUS: The property is currently unplatted. DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC) recommends approval of the final plat, which is in conformance with the subdivision regulations and the proposed zoning change. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the September 5, 2019, meeting and voted 7-0 to approve the plat. RECOMMENDATION: Approve FP 2019-14. 2 ashLL o o b z U n (ALLEY) Q......... o ....... 2......... O Z 0 b(7 0 0 C.) W'., ....._. ..... .... O', LU Y U 31AVd 131jHAWS W_', ....... ......... ZI'- Z ......., ... 0 ....... ........ U ..... ........ .... .. O N 1LIM3H �n LU F � m w m a z ? svom � m m � ......... LL .. ...... cc ..... ..... - Q Z � 1138VW a w o l 1 1 r o q 4 NO s �a O d 0 O III+ f( n wi6rk'l&w 6 //i„i IIN 1 �� llil I W n r � 7 f o cc 4 UUD e i d 'L J'LTI'd 6£'Od'0-88£' m NOI1100V 11300"3 I 'M £NJOl0'4 LOl '1 J'1'8 d 999"0d'ZS I '0. 1JItl1510 100HOS LN30N3d30N1 3ZZIOO B sIdov otz9 p D o I =o I e era M.CZ,90.f o vim, 0 I v Y o ci I .3n � m. LJJ J < I a r 030 zIW _ - Z - - O LL C¢6 �e II Omza�a �e _o> �m a m I o wa. s° I ----------- o���wm ro - cow m w_ v 8 =Om Sko �o oW JPS _ Y� ?&ao - E o W I o � Quo F II _ �ma C„ .os voi M.,ds,co.oa N ,06'001 M„6f,Lb.00 N O�N - - '-- d - (53/LVA m 0?J) La3a15 e3solw QV0a O731JHlIWS - 01 — < i Wz Wz 10 L'd d VS9£0£9 LZO 'O ON 000 o4 "LO"L'ilO 9N1300N R NOILOn1 iSNO3 NO�SIO]Nd S,i131NnH 56LLLCLOZO N'O00 53ilOV ZO"Z L 01'd S6LLL£LOZO ON 000 NOILIOOV SNI 03'0]MON _ _ _ NOILIOOV S-100'0 31llON 4 NOOl9'0-1 LOl - b NJOl9'Z LOl Y F fr 6 g9 Pt Id-PIaIII-SL99-d� \1--oc\HdN-PI—I-s a�as ot�-[ao\s MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE SEPTEMBER 5, 2019 D.2 FP 2019-09 CONSIDERATION OF A REQUEST FROM CHARLES AND ELLEN RHEINLAENDER FOR A FINAL PLAT OF LOT 3, BLOCK 2, SMITHFIELD ADDITION, BEING 1.089 ACRES LOCATED AT 6812 SMITHFIELD ROAD. APPROVED Item D.2 was presented in conjunction with item C.1. A MOTION WAS MADE BY VICE CHAIR TYNER, SECONDED BY COMMISSIONER ORR TO APPROVE FP 2019-09. MOTION TO APPROVE CARRIED 7-0. September 05, 2019 Planning and Zoning Commission Meeting Minutes Page 1 of 1 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2019 SUBJECT: PP 2018-05 Consideration of a request from Builders Funding Mgt LP for a preliminary plat of Eden Estates, being 9.982 acres located at 7109-7201 Eden Road and 8751 Hightower Drive. PRESENTER: Clayton Comstock, Planning Director SUMMARY: Builders Funding Mgt LP is requesting approval of a preliminary plat of Eden Estates. This 9.982-acre development is located in the 7100 block of Eden Road. GENERAL DESCRIPTION: The property under consideration is located on the west side of Eden Road across from the intersection of Marti Lane. The site extends between Eden Road and the end of Hightower Drive. The proposed development includes 21 single-family lots, with an approximate gross density of 2.1 dwelling units per acre. The typical lot size is 75 feet wide and 115 feet deep. The average lot size of 10,150 square feet, but this average excludes a 1.46-acre lot on the west side of the property. The lot sizes are based on the R-2 Single-Family Residential standards proposed as part of the zoning change application for the property, which is a related item on the September 23, 2019, agenda (see ZC 2018-23). The subdivision design includes the extension of Hightower Drive to Eden Road. Lots front Hightower Drive on the south side of the street, and two cul de sacs are located on the north side of Hightower Drive. A design provides a street connection on the south side of Hightower Drive so that the property to the south could be incorporated as a future phase of the subdivision. This connection is provided to address Planning and Zoning Commission and City Council concerns about fragmentary or piecemeal approaches to developing the remaining property in the city. The three common open space lots total 59,334 square feet and cover 13.6% of the development. Two of the lots are intended for use as detention/retention storage facilities, and a special use permit application is a related item on the September 23, 2019, agenda (see SUP 2019-09). The third lot (38,902 square feet) is located on the south boundary of the subdivision. This lot is intended to be incorporated into a future phase of the subdivision in the event that the property to the south is developed. LAND USE PLAN: This area is designated on the Land Use Plan as Low Density Residential. This designation promotes quality neighborhoods of conventional suburban r4RH NORTH RICHLAND HILLS single-family detached homes. General characteristics of these neighborhoods include a density of two to six dwelling units per acre and houses of one- and two-stories. CURRENT ZONING: The property is currently zoned AG Agricultural and R-1-S Special Single-Family. There are two associated zoning requests on the September 23, 2019, agenda: • ZC 2018-23: zoning change to R-2 Single-Family Residential; and, • SUP 2019-09: special use permit for two detention/retention storage facilities. TRANSPORTATION PLAN: The development has frontage on Eden Road and Hightower Drive. In this area, both Eden Road and Hightower Drive have a functional classification as a C2U Major Collector, with a roadway land use context of Suburban Neighborhood. This context is focused on primarily residential areas, local resident access and circulation, on-street parking for houses, and bicycle facilities. This type of roadway is a two-lane undivided street with an ultimate right-of-way of 68 feet (Eden) and 60 feet (Hightower). Right-of-way dedication is provided on the plat for Eden Road and Hightower Drive. The Eden Road dedication ranges from 33-38 feet, as the existing property line is located near the middle of the street. The dedication for Hightower Drive incorporates a section of the existing right-of-way, with the remaining portion being abandoned and incorporated into residential lots. A portion of the right-of-way for the extension of Hightower Drive is currently in place, which was dedicated in 1999 as part of the plat for Lot 17, Block 1, Stonybrooke Addition. The street extension from Michael Drive to Eden Road serves primarily to increase local access to Davis Boulevard, a major north-south arterial. Limited connections exist linking neighborhoods east of Davis to Davis Boulevard (Rumfield Road, Main Street). Forecasted 2040 traffic volumes reveal additional capacity is needed in the mid-term future to support access to Davis Boulevard. This extension also serves a vital role adding connectivity to the area between Davis Boulevard and Precinct Line Road, as the railroad bisects it with Eden Road serving as the only midway crossing. By adding this link, an alternate route is formed to allow local neighborhood connection north-south across the railroad, helping to relieve Davis Boulevard. This is especially relevant for access to Smithfield Middle School and the future Smithfield TOD for the neighborhood north of the railroad/Amundson Drive. r4RH NORTH RICHLAND HILLS The roadway section in Eden Estates is HMGHTaWcwr DRIVE recommended as a typical 40-foot Michaell DOwq to 1111:den Road collector with on-street parking marked on both sides of the street. The pavement should be narrowed if on-street parking is not needed. Maintaining a narrow section supports the vision to focus on local access and circulation while minimizing cut-through traffic. An analysis of forecasted 2040 volumes revealed a two- ` lane roadway provides sufficient capacity long-term. A 40-foot pavement section is recommended with on-street bicycle facility signed along the roadway. The planned connection of Hightower Drive from Davis Boulevard to Eden Road has been consistent since at least 1984 and most recently confirmed as necessary to the overall transportation network for North Richland Hills through the Vision203O Transportation Plan. SURROUNDING ZONING ( LAND USE: ® ® NORTH R-1-S Special Single-Family Low Density Residential Single-family residence R-2 Single-Family Residential Single-family residences WEST Low Density Residential (Stonybrook Addition and Stoney R-3 Single-Family Residential Ridge Addition) SOUTH AG Agricultural Low Density Residential Single-family residence EAST R-2 Single-Family Residential Low Density Residential Single-family residences(Eden Addition) ROUGH PROPORTIONALITY DETERMINATION: The developer is responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with City design criteria. DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC) recommends approval of the final plat, which is in conformance with the subdivision regulations and meets the requirements of the proposed R-2 Single-Family Residential zoning district. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the September 5, 2019, meeting and voted 6-1 (Werner) to approve the plat. RECOMMENDATION: Approve PP 2018-05. bP�Z) `1400O 0 1 ,. ��2by 6d� `1.dQ 0031 ��O SWOS3�01 0 LL ul 0 x a N A3ajj3r , c-I r AHVI H 31O3IN a VSSIl3W w w m LU A31NIN z uuppuVluu uuV II N dnoASSQW 3QV19 i3A1 l3`dHDIW' 43?JVF NVWa3H C4 W N W \ 3 OO o 0 x, w closso E O! d m HIHOMHS`d cc Z � Q a f. J o M Y 1 �,� s9, 5• ���yi". O r / a, 4 7�. f / �j I I � f P f ✓ 4 J r J� / �l f b, �F Ml� ✓%a, � � f r f I ao CD � N f( U12 ,I N pp � bA llI l� cc cc i „w M-gWa'ON,LJ3f02OId I z ®R 8. 00n q C� �H �H asp E El GVOH N3G] --—-- ----------- --------�N—.1—NI -- - ------------------ ------------ 0013 —11 N -Ta�O NIS11113 11.1 IN- >130ig Ea E i�no3 IONVHO S JE 3 ... rrry z � cozy 7Z zzmz INVI-iS —iEl L3id d!Z9.0 DN INI�n.11S NI qlo N.ILI—30al A3 LS mOH ---3AIdd i:IVHJIN MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE SEPTEMBER 5, 2019 D.3 PP 2018-05 CONSIDERATION OF A REQUEST FROM BUILDERS FUNDING MGT LP FOR A PRELIMINARY PLAT OF EDEN ESTATES, BEING 9.982 ACRES LOCATED AT 7109-7201 EDEN ROAD AND 8751 HIGHTOWER DRIVE. APPROVED Item D.3 was presented in conjunction with items C.2, C.3, and DA. A MOTION WAS MADE BY COMMISSIONER LUPPY, SECONDED BY COMMISSIONER BOWEN TO APPROVE PP 2018-05. MOTION TO APPROVE CARRIED 6-1, WITH COMMISSIONER WERNER VOTING AGAINST. September 05, 2019 Planning and Zoning Commission Meeting Minutes Page 1 of 1 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2019 SUBJECT: FP 2019-05 Consideration of a request from Builders Funding Mgt LP for a final plat of Eden Estates, being 9.982 acres located at 7109-7201 Eden Road and 8751 Hightower Drive, and associated Detention/Retention Storage Facility Maintenance Agreement. PRESENTER: Clayton Comstock, Planning Director SUMMARY: Builders Funding Mgt LP is requesting approval of a final plat of Eden Estates. This 9.982- acre development is located in the 7100 block of Eden Road. GENERAL DESCRIPTION: The property under consideration is located on the west side of Eden Road across from the intersection of Marti Lane. The site extends between Eden Road and the end of Hightower Drive. The proposed development includes 21 single-family lots, with an approximate gross density of 2.1 dwelling units per acre. The typical lot size is 75 feet wide and 115 feet deep. The average lot size of 10,150 square feet, but this average excludes a 1.46-acre lot on the west side of the property. The lot sizes are based on the R-2 Single-Family Residential standards proposed as part of the zoning change application for the property, which is a related item on the September 23, 2019 agenda (see ZC 2018-23). The subdivision design includes the extension of Hightower Drive to Eden Road. Lots front Hightower Drive on the south side of the street, and two cul de sacs are located on the north side of Hightower Drive. A design provides a street connection on the south side of Hightower Drive so that the property to the south could be incorporated as a future phase of the subdivision. This connection is provided to address Planning and Zoning Commission and City Council concerns about fragmentary or piecemeal approaches to developing the remaining property in the city. The three common open space lots total 59,334 square feet and cover 13.6% of the development. Two of the lots are intended for use as detention/retention storage facilities, and a special use permit application is a related item on the September 23, 2019, agenda (see SUP 2019-09). The third lot (38,902 square feet) is located on the south boundary of the subdivision. This lot is intended to be incorporated into a future phase of the subdivision in the event that the property to the south is developed. r4RH NORTH KICHLAND HILLS ,...one ra-.•-� —rIiI 'FN T rrrs toe' nFmiacrd c' vI x„x.awoewa.m xvn1..v a J, NO Fun �1+�N anY�d,4 rr a,KO v r> wnlV`l lLaI urMian SAL A ,E . '.=T.0 I�I1 I % y 1E1 I w I, ;$_•41 S{{� +. r/ agar k I , i. � � C n nr r ` , r In I I I ,r_i,. r`�L; "' Jth s �w��� „J.�r.M �Ixi-mtutin r I rt v. w Guc NI a_, --J pr Qbr 1AF R T' n n1 y i.. a k rs wE a xixr a a e oP m'f C ia a ! hl Y 11 k JI I 4E 6" 5 ury FL I I k x j II m Wt N ow k &ar'nP ,nun nnrd - waDP,abt � y°.`y rnp Wane iii an,.l. iYN- Af 4imfSnGdE Y3 y zn kALBERI,FI Ivf InC:wA T Lr' �• "^* una„n.. fy,;,fdY9 r o7/,P,v,A!'r r RT47T T +.w mr,x ,w n nr-+s x a r7 �d - 6 The proposed single-family subdivision includes 20 new residential lots, 1 existing residential lot, and 3 open space lots on 10 acres and provides a long-planned connection of Hightower Drive from Eden Road to Davis Boulevard. LAND USE PLAN: This area is designated on the Land Use Plan as Low Density Residential. This designation promotes quality neighborhoods of conventional suburban single-family detached homes. General characteristics of these neighborhoods include a density of two to six dwelling units per acre and houses of one- and two-stories. CURRENT ZONING: The property is currently zoned AG Agricultural and R-1-S Special Single-Family. There are two associated zoning requests on the September 23, 2019, agenda- • ZC 2018-23- zoning change to R-2 Single-Family Residential; and, • SUP 2019-09- special use permit for two detention/retention storage facilities. TRANSPORTATION PLAN: The development has frontage on Eden Road and Hightower Drive. In this area, both Eden Road and Hightower Drive have a functional classification as a C2U Major Collector, with a roadway land use context of Suburban Neighborhood. This context is focused on primarily residential areas, local resident access and circulation, on-street parking for houses, and bicycle facilities. This type of roadway is a two-lane undivided street with an ultimate right-of-way of 68 feet (Eden) and 60 feet (Hightower). Right-of-way dedication is provided on the plat for Eden Road and Hightower Drive. The Eden Road dedication ranges from 33-38 feet, as the existing property line is located near r4RH NORTH KICHLAND HILLS the middle of the street. The dedication for Hightower Drive incorporates a section of the existing right-of-way, with the remaining portion being abandoned and incorporated into residential lots. A portion of the right-of-way for the extension of Hightower Drive is currently in place, which was dedicated in 1999 as part of the plat for Lot 17, Block 1, Stonybrooke Addition. The street extension from Michael Drive to Eden Road serves primarily to increase local access to Davis Boulevard, a major north-south mobility corridor. Limited connections exist linking neighborhoods east of Davis to Davis Boulevard (Rumfield Road, Main Street). Forecasted 2040 traffic volumes reveal additional capacity is needed in the mid- term future to support access to Davis Boulevard. This extension also serves a vital role adding connectivity to the area between Davis Boulevard and Precinct Line Road, as the railroad bisects it with Eden Road serving as the only midway crossing. By adding this link, an alternate route is formed to allow local neighborhood connection north-south across the railroad, helping to relieve Davis Boulevard. This is especially relevant for access to Smithfield Middle School and the future Smithfield TOD for the neighborhood north of the railroad/Amundson Drive. + f' p w,o a � tt,^m,i� r„,w,,,._. m„P✓rr, ,nPo um o wx, n.r,A 1 er, o ia,::Fnm ce wrxv ',. Hightower Drive from Michael Drive to Eden Road, Vision2030 Transportation Plan The roadway section in Eden Estates is recommended as a typical 40-foot collector with on-street parking marked on both sides of the street. The pavement should be narrowed if on-street parking is not needed. Maintaining a narrow section supports the vision to focus on local access and circulation while minimizing cut-through traffic. An analysis of forecasted 2040 volumes revealed a two-lane roadway provides sufficient capacity long- term. A 40-foot pavement section is recommended with on-street bicycle facility signed along the roadway. The planned connection of Hightower Drive from Davis Boulevard to Eden Road has been consistent since at least 1984 and most recently confirmed as necessary to the overall transportation network for North Richland Hills through the Vision203O Transportation Plan. r4RH NORTH RICHLAND HILLS SURROUNDING ZONING ( LAND USE: ® ® NORTH R-1-S Special Single-Family Low Density Residential Single-family residence R-2 Single-Family Residential Single-family residences WEST Low Density Residential (Stonybrook Addition and Stoney R-3 Single-Family Residential Ridge Addition) SOUTH AG Agricultural Low Density Residential Single-family residence EAST R-2 Single-Family Residential Low Density Residential Single-family residences(Eden Addition) ROUGH PROPORTIONALITY DETERMINATION: The developer is responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with City design criteria. MAINTENANCE AGREEMENTS: Consideration of the final plat includes a maintenance agreement for the detention/retention facilities. The detention/retention facility agreement documents the minimum level of maintenance required for the detention pond contained within the subdivision. This includes landscaping maintenance, grass mowing, debris and silt removal, fence and wall maintenance, and other responsibilities. PLAT STATUS: A portion of the property is currently unplatted and a portion is currently platted as Lot 1, Block 17, Stonybrooke Addition. A preliminary plat is an associated item on the September 23, 2019, agenda (see PP 2018-05). DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC) recommends approval of the final plat, which is in conformance with the subdivision regulations and meets the requirements of the proposed R-2 Single-Family Residential zoning district. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the September 5, 2019, meeting and voted 6-1 (Werner) to approve the plat. RECOMMENDATION: Approve FP 2019-05 and its associated Detention/Retention Storage Facility Maintenance Agreement. bP�Z) `1400O 0 1 ,. ��2by 6d� `1.dQ 0031 ��O SWOS3�01 0 LL ul 0 x a N A3ajj3r , c-I r AHVI H 31O3IN a VSSIl3W w w m LU A31NIN z uuppuVluu uuV II N dnoASSQW 3QV19 i3A1 l3`dHDIW' 43?JVF NVWa3H C4 W N W \ 3 OO o 0 x, w closso E O! d m HIHOMHS`d cc Z � Q a f. J o M Y 1 �,� s9, 5• ���yi". O r / a, 4 7�. f / �j I I � f P f ✓ 4 J r J� / �l f b, �F Ml� ✓%a, � � f r f I ao CD � N f( U12 ,I N pp � bA llI l� cc cc i „w Lu M 4PH. n i ago9 i s R LU gr < E LU E Lu, s 0 t z� lo V z 'm LLA i fi ul E, �E -zL C; !E E 81 LLI os s Ldl 11 01 IOA I "S' .... .... "IS,S ..I Aoolo I lDl 2 ---------- -- -------- wp oo 1, < 0 E E �l E 8 ianojnvo & N—1 7005 "1 E 2 E -E 'E - ---------- L------------j7 --T-,7-- ---- -- rc '7�7 ;7 2- i, t N 'o is < 0 �o 10 N 00-9 W 21 2, N p a N 1-022 W 119 9Q 2 7111 7-1 p 25-M-'- ........... 11 111 1 N I I om 0', .7-7 ,6� 1p 01 .F r 0 eIg F 3NVI "&")3HI v'3'I— =0 3. 4.. Em Pr 0' cM Boa '-o 8An < .0 o aim .. LLj Fl. --- -41H 3 Z;"O,60 N NOI-a > t 6 D-P Illd-1-3-11 1-\11ld-\HdN 7,73 73....... 7 DETENTION/RETENTION STORAGE FACILITY MAINTENANCE AGREEMENT DETENTION/RETENTION STORAGE FACILITY MAINTENANCE AGREEMENT KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, by plat denoted as EDEN ESTATES BLOCK 1, LOTS 1-13, BLOCK 2 LOTS 1-4, 5X, 6-8, 9X, BLOCK 3 LOT 1-2 (hereinafter referred to as "Eden Estates") approved on September 23 , 2019 by the City Council of the City of North Richland Hills, Tarrant County, Texas (the "City"), Building Funding MGT, LP. (hereinafter referred to as "BFMGT") was permitted to develop the site described thereon in accordance with such plat; and WHEREAS, such EDEN ESTATES requires construction on the property of a facility to provide storm water detention/retention facilities (hereinafter referred to as "Detention/Retention Facilities") for the development of EDEN ESTATES to minimize potential flooding of downstream property; and WHEREAS, the City is willing to permit BFMGT to construct Detention/Retention Facilities in accordance with plans approved by the City, provided that BFMGT or their assigns, in which case, subject to Section 6 herein, BFMGT shall be released from any future liability, agrees to maintain such Detention/Retention Facility. NOW, THEREFORE, BFMGT or their assigns, at its sole cost and expense agrees to be bound by the terms and conditions of this Detention/Retention Facility Storage Facility Maintenance Agreement (this "Agreement) as follows: 1. Adhere to the requirements of the City Code, specifically Chapter 102: "Floods and Stormwater Management', Article III: "Stormwater Management." 2. Construct the Detention/Retention Facilities in accordance with plans sealed by a licensed professional engineer registered in the State of Texas and specifications approved by the City. 3. Construct the landscaping in accordance with the Landscaping Plan approved by Development Review Committee preliminarily included as Exhibit"A." 4. Maintain the Detention/Retention Facility in a prudent manner to minimize soil erosion and loss of capacity due to sedimentation. 5. Be responsible for the following: a) Keep grass and vegetation mowed and maintained in the Detention/Retention Facility and all areas around the Detention/Retention Facility controlled by BFMGT based on the following minimum schedule: i. once every three (3)weeks between March 1 st-April 10th and between October 1st- November 15th. ii. once every other week during the growing season between April 10th - October 1 st. b) The upkeep and replacement of all landscaping as shown on the approved landscape plan included in the SUP. c) Trash and debris removal once a week or after a storm event, whichever is more often d) Any necessary dredging or silt removal from the basin and/or inlet and outlet structures to maintain design depth and health of the water bodies. e) Repair and replacement of decorative fencing around the basin as shown on the approved SUP. f) Maintenance and repair of retaining walls within and around the detention pond. g) Installation, operation and maintenance of aeration and recirculation systems (including power cost and replacement cost). In the event of aeration failure, the system shall be repaired within 24 hours of failure. h) In the event of stagnant water, drain the ponds to prevent pest and odor problems. All the requirements of Sections 4 and 5 hereof shall be deemed to be standards, the violation of which shall be enforceable pursuant the provisions of Section 34-75 of the North Richland Hills Code of Ordinances and subject to the charges therein provided for. Should BFIVIOT, its assigns, or the then current owner of the property described herein, fail to abate the deficiencies and remedy any inadequacy in its maintenance of the Detention/Retention Facility within twenty (20) days of receipt of written notice from the City, the City may, but shall not be obligated, to provide such maintenance that it shall reasonably deem necessary and to charge BFMGT, its assigns, or the then current owner for such abatement and remediation of such inadequacy the administrative fee established in Appendix A for each parcel or lot plus the actual cost of clearing, cleanup and mowing. If BMGT, its assigns, or the then current owner of the property described herein, fails to reimburse the City within thirty (30) days of such written demand, the City may enforce such rights and remedies under law or its City Code to compel such payment, including imposition of the lien provided by Section 34- 75 (c) in the manner therein set out. By acceptance of this Agreement, the City agrees to execute a certificate (addressed to the party requesting same) within ten (10) days of written request therefore, stating whether BFMGT, its assigns, or the then current owner of the property described herein respectively, is in compliance with this Agreement. 6. The agreements made herein shall be binding upon, BFMGT's successors and assigns and shall be a covenant running with the land. In the event of any assignment or transfer of interest by BFMGT of any of its duties or obligations under this Agreement, BFMGT shall provide the City with a copy of such written assignment document no later than five (5) business days after such assignment becomes effective. Such document shall clearly indicate the assignee's agreement to assume BFMGT's duties and obligations under this Agreement. Any assignment in violation of this Section 6 shall be null and void. 7. This Agreement shall not be amended, changed or modified without the written consent of the City of North Richland Hills. Executed this the �r da 20 By: Printed Name: gv A � wvvy- Title: � -"" ,� STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day personally appeared��( ��o1I�Q.� known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the 5+" day of a hit . 201!21 Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires: 05-1p-aoao JENNIFER DIENCE DENNY ♦1rPY PVA , Notary Public, State of Texas Comm. 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EZ o - - S vt _ S 6EgEg E^ w, o° - 3'�> m� - Eo - Yv - auay. - oa°am°6aY °°av H nuv °a. o C oJn6$a,3 m - = - o'y,� �m - _ - _oa3Piaavai'2 a5 roc wse n n 2n Ito o 4E Tr n ° a & m-aHsz=.tl am8a omgBa'°Ema h - E° $°odune . = c ^E 3 o c t - - 0= = vY4 ` oG ws-WEEo & F 4�E -= d Qav m5>E p m = 0 a'-S. ° Bw mrm deb zp '� a - E°m g -oE owa o 6 $ mode yk um-w9�d _a 4,5a e w _ _ m _ ry a ry CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-536704 Builders Funding MGT, LP Hurst,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/05/2019 being filed. City of North Richland Hills Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. Eden Estates Detention Mainten Eden Estates Detention Maintenance Agreement,sub division development 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is 11A 1 �� ' 8 1) CL 0 and my date of birth is Myaddressis ) 01 Q)�f'2�v P ,�i 1 r�t.� l� ' ,� �_ I � -2- (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in (5 County, State of �� \S on the day of 20 (month) (year) Signature of authorized agent of contrAlting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE SEPTEMBER 5, 2019 DA FP 2019-05 CONSIDERATION OF A REQUEST FROM BUILDERS FUNDING MGT LP FOR A FINAL PLAT OF EDEN ESTATES, BEING 9.982 ACRES LOCATED AT 7109-7201 EDEN ROAD AND 8751 HIGHTOWER DRIVE. APPROVED Item DA was presented in conjunction with items C.2, C3. and D.3. A MOTION WAS MADE BY COMMISSIONER BOWEN, SECONDED BY COMMISSIONER OLVEY TO APPROVE FP 2019-05. MOTION TO APPROVE CARRIED 6-1, WITH COMMISSIONER WERNER VOTING AGAINST. September 05, 2019 Planning and Zoning Commission Meeting Minutes Page 1 of 1 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2019 SUBJECT: FP 2019-04 Consideration of a request from Beaten Path Development — Urban Trails Cottages LLC for a final plat of Urban Trails Cottages, being 5.52 acres located at the southwest corner of Mid-Cities Boulevard and Holiday Lane. PRESENTER: Clayton Comstock, Planning Director SUMMARY: Beaten Path Development — Urban Trails Cottages LLC is requesting approval of a final plat of Urban Trails Cottages. This 5.52-acre parcel is located at the southwest corner of Mid-Cities Boulevard and Holiday Lane. GENERAL DESCRIPTION: The property under consideration is located on the south side of Mid-Cities Boulevard and the west side of Holiday Lane. The site is east of Brookdale Holiday Lane Estates, an assisted living center, and north of Fort Worth Christian School. The proposed development includes 40 single-family lots with an approximate density of 7.25 dwelling units per acre. The typical lot size is 32 feet wide and 95 feet deep. The minimum lot size is 3,040 square feet, with an average lot size of 3,138 square feet. The development is accessed from two street entrances on Holiday Lane, with one entrance aligning with the future street entrance to Hillside Villas. Of the 40 lots, 29 lots would front on the main street. The remaining 11 lots would front on open spaces internal to the development. All residences would be served by alleys at the rear of the lots. The development incorporates 43,294 square feet (0.94 acres) of open space, which makes up 18% of the site. The open space is spread throughout the development. Five open space lots are located adjacent to the south side of the primary street, with the largest of the lots located at the corner of Holiday Lane. Two open space lots are located between residential lots, with several lots fronting on the open space areas. The remaining two open space lots serve as landscape setbacks along Mid-Cities Boulevard and Holiday Lane. LAND USE PLAN: This area is designated on the Land Use Plan as Medium Density Residential. This category provides for attached dwelling units such as duplexes and townhomes as well as higher density detached dwelling units such as zero lot line patio/cottage homes. General characteristics of these neighborhoods include amenitized neighborhood open spaces, wide sidewalks, street trees, alley-accessed driveways and r4RH NORTH RICHLAND HILLS garages, a density of six to eleven dwelling units per acre, and houses of one, two, and three stories. CURRENT ZONING: The property is currently zoned RI-PD Residential Infill Planned Development for 40 detached single family lots of 32 feet in width and served by alleys. Ordinance 3539 (Case ZC 2018-08) was approved by City Council on September 24, 2018. TRANSPORTATION PLAN: The development has frontage on the following streets. Right-of-way dedication is not required for this plat. Mid-Cities Boulevard P6D Major Arterial Suburban Commercial 6-lane divided roadway variable right-of-way width Holiday Lane C2D Major Collector Suburban Neighborhood 2-lane divided roadway 68-foot right-of-way width SURROUNDING ZONING ( LAND USE: NORTH TOD Transit Oriented Urban Village Office Development Vacant property WEST PD Planned Development High Density Residential Assisted livingfacility SOUTH U School Church Institutional Community Services Private school(Fort Worth Christian School) EAST PD Planned Development Medium Density Residential Single-family subdivision under construction ROUGH PROPORTIONALITY DETERMINATION: The developer is responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with City design criteria. PLAT STATUS: The property is currently unplatted. DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC) recommends approval of replat, which is in conformance with the subdivision regulations and the zoning ordinance. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the September 5, 2019, meeting and voted 6-0-1 (Welborn abstaining) to approve the plat. RECOMMENDATION: Approve FP 2019-04. a z � o wo cr z 0 ..... <1 w 0 U 3 1 0 0 m ° o 1[p88b �°•ram 0 m N 0 �j �6 S� II ppppp i a w AiSI?JHO z MHVW" a 0 2 WZ..... ........ W Z .... O 2 \ U. 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M n k k n Iz a IY A Q Im w r a I p aw ppII _ — w � e J 5 a3 �soa M��99�fiZe00N--------------- ___—__---M______ o n comma gun m� %§) ■�; �§®;§) }\)§\foil ; m|!± !§!§§ :_■7&$\}�� � \ SHIP- jumps } } Moo MHU 1 \G;j"Us\ ; H MHH ^ !RunElul \ \ ° \ : \ \ \ \ \ \ sing \ \ \ } Ems ONE \ / Ems \ vi Mill NMI of 1 OHM _ ° \ \\ \:\\j\ » !, E 9\§}§) ; 6:a®n a - !! & BaR;g, e R;R9 R P = s, . . : a �. \( .as: a«J ��j §\\ Inn }( MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE SEPTEMBER 5, 2019 D.7 FP 2019-04 CONSIDERATION OF A REQUEST FROM BEATEN PATH DEVELOPMENT - URBAN TRAILS COTTAGES LLC FOR A FINAL PLAT OF URBAN TRAILS COTTAGES, BEING 5.52 ACRES LOCATED AT THE SOUTHWEST CORNER OF MID-CITIES BOULEVARD AND HOLIDAY LANE. APPROVED Chair Welborn announced he has a conflict of interest for item D.7 and would abstain from discussion. He filed an affidavit of disqualifications with the city secretary stating his conflict. Chair Welborn left the dais 7:29 p.m. Vice Chair Tyner introduced the item, and called for Planning Director Clayton Comstock to introduce the request. Mr. Comstock introduced the request. Vice Chair Tyner called for the applicant to present the request. Ottis Lee, Baird, Hampton & Brown, 924 Hilltop Drive, Weatherford, Texas, presented the request. Vice Chair Tyner called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. A MOTION WAS MADE BY COMMISSIONER OLVEY, SECONDED BY COMMISSIONER BOWEN TO APPROVE FP 2019-04. MOTION TO APPROVE CARRIED 6-0-1, WITH CHAIR WELBORN ABSTAINING. September 05, 2019 Planning and Zoning Commission Meeting Minutes Page 1 of 1 k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2019 SUBJECT: Consider Ordinance No. 3605, amending Chapter 98 of the North Richland Hills Code of Ordinances adopting the 2018 International Residential Code with amendments. PRESENTER: David Pendley, Chief Building Official SUMMARY: In a continuing effort to modernize the city's building codes in support of council's goal to provide quality community development and revitalization, staff recommends adoption of the 2018 International Residential Code for One- and Two-Family Dwellings. GENERAL DESCRIPTION: The International Building Codes (I-Codes) are developed by construction industry professionals and adopted around the world as model codes based on the best, most recent building science. The I-Codes form a framework upon which the city develops a building code with regional and local amendments reflecting the city's unique needs as determined by local code users. These codes are reviewed by the Regional Codes Coordinating Committee appointed by the North Central Texas Council of Governments (NCTCOG) and staff; and are ultimately recommended for approval by the Council- appointed Construction Code Board of Appeals, which also serves as the city's Technical Code Review Committee. The I-Codes are continuously updated and republished every three years by the International Code Council, Inc. (ICC), headquartered in Washington D.C. with organizational roots dating back to the early 20th century. It has been the city's policy to update its codes every-other code cycle, or every six years. Adoption of the 2018 I-Codes is in the best interest of the citizens of North Richland Hills by promoting health, safety and welfare. Updated codes also benefits our citizens by: • Establishing consistency of code adoptions with other local jurisdictions. • Ensuring the best rating possible by the Insurance Services Organization (ISO). ISO collects information nation-wide on building codes in effect in communities, as well as how the communities enforce their building codes. ISO analyzes the data using a Building Code Effectiveness Grading Schedule and assigns a k4FItH NORTH RICHLAND HILLS grade to each community. Insurers use this grading to determine premium rates for buildings constructed within the city. The single most important factor used by ISO is how modern a jurisdiction's adopted codes are. Any city that is more than two code-cycles behind (which are the 2012 I-Codes), are automatically given the lowest rating possible. • Contributes to the city's good standing in FEMA's Community Rating System (CRS) which enables discounted flood insurance rates for our residents. Staff is proposing the adoption of the 2018 International Residential Code for One- and Two-Family Dwellings to go into effect upon council's approval. However, if approved, staff intends to establish a policy providing a 45-day window to submit projects that were designed under the 2012 I-Codes; giving engineers, architects, homeowners and builders time to adjust to the requirements. Significant code changes include: • Residential fire sprinklers required in new townhomes • Reduced fire ratings of tenant separations in townhomes • Townhomes no longer required to be structurally independent • The underside of all floors (including crawl spaces with storage capabilities) must be protected with '/2-inch gypsum or equivalent installed • Newel posts allowed at winder-stairs • Alternating tread stair allowed to serve lofts and mezzanines • Remodels of existing homes require hardwired or wireless interconnected smoke/CO alarms • Minimum firefighter access ways required on roofs containing solar panels • Updated requirements for decks • Updated requirements for load bearing walls • Flex-duct in attics allowed to be buried under insulation • 90% of all fixed lighting must have high efficiency bulbs, an increase from 75% • Four inch diameter dryer duct no longer allowed in 2 X 4 cavities • Schedule 10 gas piping allowed • Commercial cooking appliances no longer allowed in homes unless specifically listed for residential use • Water hammer arrestors required at dishwashers and clothes washer locations • Garages require at least one 20 amp dedicated circuit This action is consistent with surrounding communities that have adopted, or will soon be adopting the 2018 I-Codes. The council-appointed Construction Code Appeals Board, acting in its role of as the Technical Code Review Committee, voted on August 15, 2019 k4FItH NORTH RICHLAND HILLS to recommend the approval of the 2018 International Residential Code for One-and Two- Family Dwellings. RECOMMENDATION: Approve Ordinance No. 3605. ORDINANCE NO. 3605 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING CHAPTER 98 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, ADOPTING THE 2018 INTERNATIONAL RESIDENTIAL CODE AS AMENDED AS THE RESIDENTIAL CODE OF THE CITY OF NORTH RICHLAND HILLS; PROVIDING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas ("the City") is a home rule city acting under its power 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 International Building Codes are developed by construction industry professionals and adopted around the world as model codes based on the best, most recent building science; and WHEREAS, updates to the building codes are meant to track with changes in building industry standards, practices, innovations, and technologies; and WHEREAS, the North Richland Hills City Council desires to adopt the 2018 International Residential Code with amendments recommended by the North Central Texas Council of Governments and other local amendments in order to better provide for the health, safety, and welfare of its residents and their property, as well as all occupants and users of buildings and structures within the community; and WHEREAS, it is the policy of the City of North Richland Hills to update its building codes every six years; and WHEREAS, updated codes benefit North Richland Hills citizens by establishing consistency of code adoptions with other local jurisdictions; ensuring the best rating possible by the Insurance Services Organization (ISO); Contributes to the city's good standing in FEMA's Community Rating System (CRS) which enables discounted flood insurance rates for residents; and WHEREAS, the North Richland Hills Construction Code Appeals Board acting in its capacity as the Construction Advisory Board on August 15, 2019 reviewed and unanimously recommended the adoption of the 2018 International Residential Code with the amendments recommended by the North Central Texas Council of Governments and other local amendments. Ordinance No. 3605 Page 1 of 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: The City Council hereby finds the recitals above to be true and correct, and such recitals are hereby incorporated into this Ordinance as if written herein. SECTION 2: THAT Section 98-141 of the North Richland Hills Code of Ordinances be amended to read as follows: Sec. 98-141. 2018 International Residential Code adopted. The International Residential Code for One and Two-Family Dwellings, 2018 Edition, together with Appendix H and K of such Code, as adopted by the International Code Council, Inc., a copy of which is on file in the office of the city secretary, as hereinafter amended, is hereby adopted as the residential building code of the city, which governs the construction of one-family and two-family dwelling units in the city. SECTION 3: THAT Section 98-142 of the North Richland Hills Code of Ordinances be amended to read as follows: Sec. 98-142. Amendments to the 2018 International Residential Code. The 2018 International Residential code is amended as set forth below: **Section R102.4; change to read as follows: R102.4 Referenced codes and standards. The codes, when specifically adopted, and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections R102.4.1 and R102.4.2. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference made to NFPA 70 or the Electrical Code shall mean the Electrical Code as adopted. **Section R102.7; change to read as follows: The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Fire Code or Chapter 89, Article X of North Richland Hills Code of Ordinances, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. ** Section R103 and R103.1 amend to insert the Department Name: BUILDING INSPECTION DEPARTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS Ordinance No. 3605 Page 2 of 22 R103.1 Creation of enforcement agency. The Building Inspection Department of the City of North Richland Hills is hereby created and the official in charge thereof shall be known as the building official. "Section R104.10.1 Flood Hazard areas; delete this section. "Section R105.2, item #1, 2, 3, 5, 10, 11, 12, 13; change to read as follows: 1. One-story detached accessory structures used as tool and storage sheds, playhouses, carports and similar uses, provided it is located at least 3 feet from the primary residence, the floor area does not exceed 144 square feet, and complies with Chapter 118 of the North Richland Hills Code of Ordinances. 2. Replacement of up to four eight-foot long sections of fence. 3. Retaining walls not over 3 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding class I, II or III- A liquids. (Retaining walls placed in succession shall be considered one wall if, upon drawing a line from the bottom of the footing of the lower wall at a 45- degree angle up and towards the higher wall, the line intersects the higher wall or any material retained by the wall at any point.) Retaining walls 3 feet or taller must be designed by an engineer licensed to practice in the State of Texas. 4. Private sidewalks and other flatwork less than 300 SF in area not considered a driveway, a public sidewalk, the public right-of-way, or more than 30 inches above grade, and not over a basement or story below, and are not part of an accessible route or intended for public use. 10. Decks, patio covers, and pergolas not exceeding 200 square feet in area and meeting section R302.1, that do not contain a walking surface more than 30 inches above grade at any point, and are not attached to or located within 6 feet a dwelling. 11. Roof repairs on dwellings and their accessory structures. For the purpose of this section, roof repairs shall include the repair and replacement of the roof coverings only, but not including the decking material, lathing boards or sheathing panels. The building official is authorized to revoke this exception during periods of federal or state disaster relief efforts; in which case a building permit and contractor registration is required prior to commencement of roofing repair/replacement activities. 12. Freestanding satellite dishes not exceeding one meter in diameter that do not exceed 12 feet in height. 13. Replacement of up to three exterior windows provided the windows do not reduce the size of existing emergency egress windows per requirements of section R310 of this code and meet the adopted version of International Energy Code Conservation Code. Ordinance No. 3605 Page 3 of 22 Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. "Section R105.3.1.1 & R106.1.4; delete these sections. "Section R105.3.2; change to read as follows: R105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 90 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions for an additional period not exceeding 90 days. The extension shall be requested in writing and justifiable cause demonstrated. "Section R105.5; change to read as follows: R105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 90 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 90 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. "Section R109.1.5.2; add section to read as follows: 109.1.5.2 Lath, EIFS flashing and drainage. Lath and EIFS product inspections shall be made after exterior lathing and EIFS flashing & drainage systems are in place, but before plastering and/or insulation panels are applied. "Section R110. 1; change to read as follows: R110.1 Use and Occupancy. No building or structure shall be used or occupied until the code official has issued an approved final inspection report. The approval of a final inspection shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Approved final inspections presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. Exceptions: 1. Final inspections are not required for work exempt from permits under Section R 105.2 2. Accessory buildings or structures exempt from permits under Section R105.2 Ordinance No. 3605 Page 4 of 22 "Amend Section R110.2; change to read as follows: R110.2 Change in use. Changes in the character or use of an existing residential structure shall not be made except as specified in the International Building Code and/or Sections 407 and 408 of the International Existing Building Code. R110.2.2 Change in tenancy (single-family rental). The owner of a residential rental unit must obtain a Certificate of Occupancy from the Building Official prior to the unit being occupied by a new tenant. The Building Official or his designated representative will inspect the unit and premises for compliance with Sections 98-462(b) through 98- 462(n) of the North Richland Hills Code of Ordinances and other applicable ordinances of the City. If deficiencies are found, the Building Official may prohibit occupancy of the unit and premises until such time as the owner takes action needed to bring the unit and premises into compliance. The inspection required by this section shall also be required for a dwelling unit and premises prior to its original occupancy as a rental unit. Exceptions: 1. Units provided to members of the building owner's immediate family. 2. Units that have entered the rental market in an effort to prevent foreclosure or similar economic hardship. This exception shall apply to the initial tenant of the rental unit only. 3. Units which have passed inspection shall not be subject to inspection as a condition of a Certificate of Occupancy requested within one year of such inspection unless a complaint is received. R110.2.2.1 Administrative Fee. If the dwelling unit is found to be occupied prior to inspection, the Building Official shall assess an administrative fee, as indicated in the Fee Schedule found in Appendix A of the North Richland Hills Code of Ordinances. This fee shall be paid by the owner prior to any subsequent inspection or reinspection of the unit and shall be cumulative of all other fees or penalties provided in this code. "Amend Section 110.3; change to read as follows: R110.3 Rental Certificate of Occupancy. When the Building Official or his representative determines that a rental dwelling unit and premises are in compliance with the provisions of this code and other applicable codes of the City of North Richland Hills, a Rental Certificate of Occupancy containing the following shall be issued- 1. The address of the structure; 2. A statement that the described portions of the structure have been approved for occupancy; 3. The name of the tenant (if known at the time of inspection); 4. The name of the building inspector; 5. The date the Rental Certificate of Occupancy was issued. Ordinance No. 3605 Page 5 of 22 No certificate-of-occupancy shall be issued for a rental dwelling unit until the owner has paid all outstanding fees, including past due fees from other rental units; and has perfected all liens attached to the property by the City of North Richland Hills. Rental Certificates of Occupancies issued to a building owner or owner's representative shall expire in 60 days if the unit is not occupied by a tenant. R110.3.1 Establishing water utility service. Once a rental unit is approved for occupancy, the tenant of the rental unit shall present the Rental Certificate of Occupancy to the North Richland Hills Utility Billing Department before a new water service account can be established in the tenant's name. No water service account to any single-family rental unit shall be established until the Building Official or his designated representative has issued a Rental Certificate of Occupancy for the unit. No water service account to any single-family rental unit shall be established until the Building Official or his designated representative has inspected the unit(s) and issued a Rental Certificate of Occupancy for the unit. R110.3.2 Temporary Rental Certificate of Occupancy. In cases where violations are minor and will not affect the safety of the occupant(s), the Building Official is authorized to issue the owner a 60-Day Temporary Rental Certificate of Occupancy. It is the responsibility of the building owner to correct all noted deficiencies and to obtain a reinspection prior to the expiration of the temporary rental certificate of occupancy. Failure to correct all deficiencies prior to the expiration of a temporary rental certificate of occupancy is considered a violation of this code and shall be subject to penalties as prescribed by ordinance. ** Section R110.5; change section to read as follows: R110.5 Revocation. The building official shall, in writing, suspend or revoke temporary or permanent occupancy issued under the provisions of this code wherever the occupancy is granted in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation of any of the provisions of this code. ** IRC Section 111.1; replace entire section as follows: R111.1 Connection of service utilities. No person shall make connection from a utility, source of energy, fuel, power or water to any new dwelling unit, townhouse, or system that is regulated by this code for which a permit is required, until such connection is approved by the Building Official. No person shall make connections for water utilities to any rental dwelling unit that is required by this code to be inspected prior to occupancy until the unit is approved by the Building Official and issued a Rental Certificate of Occupancy. Ordinance No. 3605 Page 6 of 22 **Amend Section 111.2; change to read as follows: R111.2 Temporary connection of utilities. The building official shall have the authority to authorize, approve, or order the disconnection of the temporary connection of the building system to the utility source of energy, power or water. ** IRC Section R111.3; replace entire section as follows: R111.3 Authority to disconnect service utilities. In case of an emergency necessitating disconnection of utilities to eliminate an immediate hazard to life or property, the Building Official shall have the authority to authorize disconnection of utility service to a building, structure or system regulated by this code and the referenced codes and standards set forth in Section R102.4. The Building Official shall notify the service utility and whenever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If prior notification is not possible, the owner or occupants of the building, structure or service system shall be notified in writing, as soon as practical thereafter. In addition, the Building Official shall have the authority to authorize disconnection of utility service to a building, structure or system, if a building, structure or system is found to be in violation of this code, including a connection made without the approval required by Sections R111.1 and R111.2, or any other ordinance of the City and after notification of the violation has been made to the owner and/or occupant of the building or structure and the violation is not corrected. **Section R115; add new sections as follows: SECTION 115 - UNSAFE BUILDINGS, STRUCTURES OR EQUIPMENT 115.1 Unsafe buildings. All buildings, structures or equipment regulated by this code that are structurally unsafe or not provided with adequate egress, or that constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members that are supported by, attached to, or a part of a building and that are in deteriorated condition or otherwise unable to sustain the design loads that are specified in this code are hereby designated as unsafe building appendages. All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in this code or such alternate procedures as may have been or as may be adopted by this jurisdiction. As an alternative, the building official, or other employee or official of this jurisdiction as designated by the governing body, may institute any other appropriate action to prevent, restrain, correct or abate the violation. This may include ordering the disconnection of water and/or electrical utilities. Ordinance No. 3605 Page 7 of 22 A vacant structure that is not secured against entry shall be deemed unsafe. Materials used to secure a structure, which deteriorate or increase in susceptibility to fire hazard over time, shall be replaced or treated to eliminate the increase of the hazard. Any work covered or concealed without inspection shall be considered to constitute an unsafe structure. Such consideration as an unsafe structure shall exist every day until the work is inspected and approved as being in compliance with this code. Inspections will not be performed until a valid active permit is obtained in accordance with this code. 115.1.2 Dangerous Demolition. The Building Official may order the cessation of the wrecking or demolition of any building or structure within the City when the same is being accomplished in a reckless or careless manner or in such a manner so as to endanger life and property. When such work has been ordered stopped by the Building Official, same shall not be resumed until said official is satisfied that adequate precautions have been or will be taken for protection for life and property. To continue such work without the expressed approval of the Building Official shall constitute a violation of this ordinance, and each day that such work continues shall constitute a separate offense. *Section R202; modify section to add/change the following definitions to read as follows: COURT. {Existing definition unchanged}. When approved by the building official, a court serving an emergency escape and rescue window may have no more than 5 feet of roof extending from the exterior wall of the building. RESIDENTIAL RENTAL UNIT. A residential rental unit is any living unit within an attached or detached one-family dwelling, two-family dwelling, three-family dwelling, four- family dwelling, or townhouse that is rented or leased for use as a residence by a single family, individual or group of individuals. TOWNHOUSE. A single-family dwelling unit constructed in a group of three or more attached units separated by property lines in which each unit extends from foundation to roof and with a yard or public way on at least two sides. **Table R301.2(1); fill in as follows: WIND DESIGN GROUND SEISMIC SNOW SPEEDd To Special Windborne DESIGN LOAD Effectsk Wind Debris CATEGORYf (mph) Region' Zonem 115 (3-sec- 5lb/ft2 gust)/76 No No No A fastest mile Ordinance No. 3605 Page 8 of 22 SUBJECT TO DAMAGE FROM Weatheringa Frost line depthb Termite° moderate 6" very heavy WINTER ICE BARRIER FLOOD AIR MEAN DESIGN UNDER-LAYMENT FREEZING ANNUAL TEMPe REQUIRED" HAZARDS9 INDEX' TEMPJ. 220F No local code 150 64.9°F MANUAL J DESIGN CRITERIAn Summer Altitude Elevation Latitude Winter Heating Cooling Correction Factor 610 32 22 99 0.985 Cooling Wind velocity Wind velocity Coincident temperature heating cooling wet bulb Daily range difference 24 np np np Medium Indoor Design Design Heating Temperature Temperature Temperature Cooling Difference 70 75 48 Winter humidity Summer humidity np I np np— Not Provided "Section R302.2.2; delete item #2 "Section R302.2.6; modify Exception #5 to read as follows: Exceptions: 5. Townhouses separated by a common wall as provided in Section R302.2.2, Item 1, and provided with a fire sprinkler system in accordance with Section P2904. Ordinance No. 3605 Page 9 of 22 "Section R302.3; add Exception #3 to read as follows: Exceptions: 1. {existing text unchanged} 2. {existing text unchanged} 3. Two-family dwelling units that are also divided by a property line through the structure shall be separated as required for townhouses. Table R302.6; replace as follows: TABLE R302.6 DWELLING/GARAGE SEPARATION SEPARATION MATERIAL From the residence and attics Not less than Y2-inch gypsum board or equivalent applied to the garage side From all habitable rooms above and adjacent the garage Not less than'/s-inch Type X gypsum board or equivalent Structure(s)supporting floorkeiling assemblies used for separation Not less than 51,-inch gypsum board or equivalent required by this section Garages located less than 3 feet from a dwelling unit On the same lot Not less than w(,-inch gypsum board or equivalent applied to the inte- rior side of exterior walls that are within this area rcr SL I inch=25.4 nun,I loot=304.8 mm "Section R310; add new sentence to paragraph as follows: {Existing text unchanged}. When considering placement of emergency escape and rescue openings, a covered patio may be considered a yard when at least 50% of the cover's perimeter is open to the air without windows or screens and travel distance beneath the ceiling/roof above does not exceed 15 feet. "Section R311. 7. 13; add text to read as follows: R311.7.13 Under stair protection. Enclosed accessible space under stairs shall have walls, under stair surface and any soffits protected on the enclosed side with 5/8-inch (15.8 mm) fire-rated gypsum board or one-hour fire-resistive construction. "Section R313.2; add exception as follows: Exceptions: 1. {unchanged} 2. An automatic residential fire sprinkler system shall not be required in new one- and two-family dwellings when they are omitted in accordance with state law. A notarized affidavit shall be filed with Tarrant County Records indicating that the builder has chosen to defer to Section 1301.551 of the Texas Occupations Code and opted to omit the residential fire sprinkler system otherwise prescribed by Section R313 of the 2018 International Residential Code. A copy of the filed affidavit shall be provided to the City of North Richland Hills at the time of permit application. Ordinance No. 3605 Page 10 of 22 **Section R315.2.2 Alterations, repairs and additions. Amend to read as follows: Exceptions: 1. {existing text remains} 2. Installation, alteration or repairs of all electrically powered mechanical systems or plumbing appliances. **Section R316.5; Change to read as follows: R316.5 Specific requirements. The following requirements shall apply to these uses of foam plastic. ** Section R316.5.3; change to read as follows: R316.5.3 Attics. The thermal barrier specified in Section R316.4 is not required where all of the following apply: 1. {unchanged} 2. The space is entered only for purposes of repairs or maintenance and cannot be utilized for storage. 3. {unchanged} 3.1. 11/2-inch-thick (38 mm) mineral fiber insulation. 3.2. 1/4-inch-thick (6.4 mm) wood structural panels. 3.3. 3/8-inch (9.5 mm) particleboard. 3.4. 1/4-inch (6.4 mm) hardboard; 3.5. 3/8-inch (9.5 mm) gypsum board. 3.6. Corrosion-resistant steel having a base metal thickness of 0.016 inch (0.406 mm). 3.7. 11/2-inch-thick (38 mm) cellulose insulation. 3.8. '/4-inch fiber-cement panel, soffit or backer board. 3.9. Approved proprietary ignition barrier coatings The ignition barrier is not required where the foam plastic insulation has been tested in accordance with Section R316.6, can only be accessed by a 24 inch by 32 inch scuttle hole, and cannot be used for storage. For the purpose of this section, all attics with a vertical height of 42 inches or more are considered to be storage areas when they are accessed by a pull-down stair, permanent stair, and/or door. **Section R317.1 item #3; change to read as follows: 3. Sills and sleepers on a concrete or masonry slab that is in direct contact with the ground. **Section R322 Flood Resistant Construction. Deleted Section. Ordinance No. 3605 Page 11 of 22 "Section R401.2, amend by adding a new paragraph following the existing paragraph to read as follows: Section R401.2. Requirements. {existing text unchanged} ... Every foundation and/or footing, or any size addition to an existing post-tension foundation, regulated by this code shall be designed and sealed by a Texas-registered engineer. "Section 602.6.1; amend the following: R602.6.1 Drilling and notching of top plate. When piping or ductwork is placed in or partly in an exterior wall or interior load-bearing wall, necessitating cutting, drilling or notching of the top plate by more than 50 percent of its width, a galvanized metal tie not less than 0.054 inch thick (1.37 mm) (16 Ga) and 5 inches (127 mm) wide shall be fastened across and to the plate at each side of the opening with not less than eight 10d (0.148 inch diameter) having a minimum length of 1 1/2 inches (38 mm) at each side or equivalent. Fasteners will be offset to prevent splitting of the top plate material. The metal tie must extend a minimum of 6 inches past the opening. See figure R602.6.1. {remainder unchanged} "Section 602.6.1; amend the following: EXTERIOR OR BEARING WALL_... NOTCH GREATER THAN 50 PERCENT OF THE PLATE WIDTH „ 10 GAGE(.054 IN. AND 5 IN.WIDE " METAL TIE FAST�NED ACROSS AND TO THE PLATE AT EACH SIDE OF THE NOTCH WITH 8.10d NA1LS EACH SIDE J TOP PLATES 111 'PIPE Ordinance No. 3605 Page 12 of 22 **Add section R7O3.8.4.1.2; Veneer Ties for Wall Studs. To read as follows: R7O3.8.4.1.2 Veneer Ties for Wall Studs. In stud framed exterior walls, all ties shall be anchored to studs as follows- 1. When studs are 16 in (407 mm) o.c., stud ties shall be spaced no further apart than 24 in (737 mm) vertically starting approximately 12 in (381 mm) from the foundation; or 2. When studs are 24 in (610 mm) o.c., stud ties shall be spaced no further apart than 16 in (483 mm) vertically starting approximately 8 in (254 mm) from the foundation. ** Amend section R7O3.8.2.2 requiring treated wood for masonry supported by roof construction to read as follows: R7O3.8.2.2 Support by roof construction. A steel angle shall be placed directly on top of the roof construction. The roof supporting construction for the steel angle shall consist of not fewer than three 2-inch by 6-inch (51 mm by 152 mm) treated wood member {remainder of section unchanged} **Section R9O2.1; Amend and add exception #5 to read as follows: R9O2.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R9O4 and R9O5. Class A, B, or C roofing shall be installed. Class A, B and C roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E1O8. Exceptions: 1. {text unchanged} 2. {text unchanged} 3. {text unchanged} 4. {text unchanged} 5. Non-classified roof coverings shall be permitted on one-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 144 square feet **Section R9O5.1O.3; Add sentence to prohibit corrugated steel roofing: R9O5.1O.3 Material standards. {section unchanged}. Corrugated galvanized panels shall be prohibited as a roofing material unless specifically listed for that purpose. ** Chapter 11 [RE] — Energy Efficiency is deleted in its entirety; Reference the 2015 IECC for energy code provisions and recommended amendments. Ordinance No. 3605 Page 13 of 22 "Section M13O5.1.2; change to read as follows: M13O5.1.2 Appliances in attics. Attics containing appliances shall be provided . . . {bulk of paragraph unchanged} . . . side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), and large enough to allow removal of the largest appliance. As a minimum, for access to the attic space, provide one of the following: 1. A permanent stair. 2. A pull down stair with a minimum 300 lb (136 kg) capacity. 3. An access door from an upper floor level. Exceptions: {unchanged} "Section M1411.3; change to read as follows: M1411.3 Condensate disposal. Condensate from all cooling coils or evaporators shall be conveyed from the drain pan outlet to a sanitary sewer through a trap, by means of a direct or indirect drain. {remaining text unchanged}. Exception: Condensate may be conveyed to other locations when approved by the building official. "Section M1411.3.1, Items 3 and 4; add text to read as follows: M1411.3.1 Auxiliary and secondary drain systems. {bulk of paragraph unchanged} 1. {text unchanged} 2. {text unchanged} 3. An auxiliary drain pan... {bulk of text unchanged}... with Item 1 of this section. A water level detection device may be installed only with prior approval of the building official. 4. A water level detection device... {bulk of text unchanged}... overflow rim of such pan. A water level detection device may be installed only with prior approval of the building official. Ordinance No. 3605 Page 14 of 22 "Section M1411.3.1.1; add text to read as follows: M1411.3.1.1 Water-level monitoring devices. On down-flow units ...{bulk of text unchanged}... installed in the drain line. A water level detection device may be installed only with prior approval of the building official. "Section M1502.4.5; amend to read as follows: M1502.4.5 Duct length. The maximum allowable exhaust duct length shall be determined by using the methods specified in Section M1502.4.5.1. "Section M1502.4.5.2; delete. "Section M1503.6 Makeup Air Required. Amend as follows: M1503.6 Makeup air required. Where one or more gas, liquid or solid fuel-burning appliance that is neither direct-vent nor uses a mechanical draft venting system is located within a dwelling unit's air barrier, each exhaust system capable of exhausting in excess of 400 cubic feet per minute (0.19 m3/s) shall be mechanically or passively provided with makeup air at a rate approximate to the difference between exhaust air rate and 400 cubic feet per minute. Such makeup air systems shall be equipped with not fewer than one damper complying with Section M1503.6.2. Exception: Makeup air is not required for exhaust systems installed for the exclusive purpose of space cooling and intended to be operated only when windows or other air inlets are open. Where all appliances in the house are of sealed combustion, power-vent, unvented, or electric, the exhaust hood system shall be permitted to exhaust up to 600 cubic feet per minute (0.28 m3/s) without providing makeup air. Exhaust hood systems capable of exhausting in excess of 600 cubic feet per minute (0.28 m3/s) shall be provided with a makeup air at a rate approximately to the difference between the exhaust air rate and 600 cubic feet per minute. "Section M1504.1; add second sentence as follows: M1504.1 Exhaust ducts. Where duct construction ... {remainder of sentence unchanged}. Ducts located in inaccessible areas that are concealed within the building's construction shall have a smooth interior finish and be constructed of metal having a minimum thickness of 0.0157 inches (0.3950 mm) (No. 28 gage). "Section M2005.2; change to read as follows: M2005.2 Prohibited locations. Fuel-fired water heaters shall not be installed in a room used as a storage closet. Water heaters located in a bedroom or bathroom shall be installed in a sealed enclosure so that combustion air will not be taken from the living space. Access to such enclosure may be from the bedroom or bathroom when through a Ordinance No. 3605 Page 15 of 22 solid door, weather-stripped in accordance with the exterior door air leakage requirements of the International Energy Conservation Code and equipped with an approved self- closing device. Installation of direct-vent water heaters within an enclosure is not required. **Section G2404.12;Add new section to read as follows: Gas risers. Unless approved by the code official, all risers connecting underground plastic gas piping and tubing shall be anodeless per section G2414.6.1 of this code. **Section G2415.2.1 (404.2.1) CSST; add a second paragraph to read as follows: Both ends of each section of medium pressure gas piping shall identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tag: "WARNING: 1/2 to 5 psi gas pressure - Do Not Remove" ** Section G2415.2.2; add a third paragraph to read as follows: When a gas distribution system of corrugated stainless steel tubing (CSST) is installed that does not have enhanced lightning protection properties or an outer conductive jacket and/or a wire mesh layer that is electrically continuous designed to provide lightening resistance, a notarized affidavit shall be filed with Tarrant County Records indicating that non-lightning resistant CSST has been installed in the home. A copy of the filed affidavit shall be provided to the City of North Richland Hills at the time of permit application. ** Section G2415.12 (404.12); change to read as follows: G2415.12 (404.12) Minimum burial depth. Underground piping systems shall be installed a minimum depth of 18 inches (457 mm) below grade. **G2415.12.1 (404.12.1) Individual Outdoor Appliances; Delete in its entirety ** Section G2417.1 (406.1); change to read as follows: G2417.1 (406.1) General. Prior to acceptance and initial operation, all piping installations shall be inspected and pressure tested to determine that the materials, design, fabrication, and installation practices comply with the requirements of this code. The permit holder shall make the applicable tests prescribed in Sections 2417.1.1 through 2417.1.5 to determine compliance with the provisions of this code. The permit holder shall give reasonable advance notice to the building official when the piping system is ready for testing. The equipment, material, power and labor necessary for the inspections and test shall be furnished by the permit holder and the permit holder shall be responsible for determining that the work will withstand the test pressure prescribed in the following tests. Ordinance No. 3605 Page 16 of 22 ** Section G2417.4; change to read as follows: G2417.4.1 (406.4.1) Test pressure. The test pressure to be used shall be no less than 3 psig (20 kPa gauge), or at the discretion of the Code Official, the piping and valves may be tested at a pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or slope gauge. For tests requiring a pressure of 3 psig, diaphragm gauges shall utilize a dial with a minimum diameter of three and one half inches (3 '/2"), a set hand, 1/10 pound incrementation and pressure range not to exceed 6 psi for tests requiring a pressure of 3 psig. For tests requiring a pressure of 10 psig, diaphragm gauges shall utilize a dial with a minimum diameter of three and one-half inches (3 '/2"), a set hand, a minimum of 2/10 pound incrementation and a pressure range not to exceed 20 psi. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water column pressure (52.2 kPa) (7.5 psi), the test pressure shall not be less than ten (10) pounds per square inch (69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column (52.2 kPa) (7.5 psi), the test pressure shall be not less than one and one- half times the proposed maximum working pressure. Diaphragm gauges used for testing must display a current calibration and be in good working condition. The appropriate test must be applied to the diaphragm gauge used for testing. ** Section G2417.4.2; change to read as follows: G2417.4.2 (406.4.2) Test duration. The test duration shall be held for a length of time satisfactory to the Building Official, but in no case for less than fifteen (15) minutes. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa), the test duration shall be held for a length of time satisfactory to the Building Official, but in no case for less than thirty (30) minutes. ** Section G2420.1 (406.1); add Section G2420.1.4 to read as follows: G2420.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12-inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping. ** Section G2420.5.1 (409.5.1); add text to read as follows: G2420.5.1 (409.5.1) Located within the same room. The shutoff valve ...{bulk of paragraph unchanged}... in accordance with the appliance manufacturer's instructions. A Ordinance No. 3605 Page 17 of 22 secondary shutoff valve must be installed within 3 feet (914 mm) of the firebox if appliance shutoff is located in the firebox. ** Section G2421.1 (410.1); add text and Exception to read as follows: G2421.1 (410.1) Pressure regulators. A line pressure regulator shall be ... {bulk of paragraph unchanged}... approved for outdoor installation. Access to regulators shall comply with the requirements for access to appliances as specified in Section M1305. Exception: A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening. ** Section G2422.1.2.3 (411.1.3.3); delete Exception 1 and Exception 4. **Section G2445.2 (621.2); add Exception to read as follows: G2445.2 (621.2) Prohibited use. One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling unit. Exception: Existing approved unvented room heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Building Official unless an unsafe condition is determined to exist as described in International Fuel Gas Code Section 108.7 of the Fuel Gas Code. ** Section G2448.1.1 (624.1.1); change to read as follows: G2448.1.1 (624.1.1) Installation requirements. The requirements for water heaters relative to access, sizing, relief valves, drain pans and scald protection shall be in accordance with this code. **Section P2603; add to read as follows: P2603.3 Protection against corrosion. Metallic piping, except for cast iron, ductile iron and galvanized steel, shall not be placed in direct contact with steel framing members, concrete or cinder walls and floors or other masonry. Metallic piping shall not be placed in direct contact with corrosive soil. Where sheathing is used to prevent direct contact, the sheathing shall have a thickness of not less than 0.008 inch (8 mil) (0.203 mm) and the sheathing shall be made of approved material. Where sheathing protects piping that penetrates concrete or masonry walls or floors, the sheathing shall be installed in a manner that allows movement of the piping within the sheathing. **Section P2603.5.1 Sewer Depth; change to read as follows: P2603.5.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be a minimum of 12 inches (304mm) below finished grade at the point of Ordinance No. 3605 Page 18 of 22 septic tank connection. Building sewers shall be a minimum of 12 inches (304 mm) below grade. **Section P2604; add to read as follows: P2604.2.1 Plastic sewer and DWV piping installation. Plastic sewer and DWV piping installed underground shall be installed in accordance with the manufacturer's installation instructions. ** Section P2610; add new section to read as follows: SECTION P2610 LANDSCAPE IRRIGATION P2610. Landscape Irrigation. The landscape irrigation rules promulgated by the Texas Commission on Environmental Quality and contained in Chapter 344, Subchapters A, E and F, of the TEXAS ADMINISTRATIVE CODE, as the same may be from time to time amended, are hereby adopted by reference as the landscape irrigation rules of the City. ** Section P2801; change to read as follows: P2801.6 Required pan. Where a storage tank-type water heater or a hot water storage tank is installed in a location where water leakage from the tank will cause damage, the tank shall be installed in a pan constructed of one of the following: 1. Galvanized steel or aluminum of not less than 0.0236 inch (0.6010 mm) in thickness. 2. Plastic not less than 0.036 inch (0.9 mm) in thickness. 3. Other approved materials. **Section P2801.6.1; change to read as follows: P2801.6.1 Pan size and drain. The pan shall be not less than 1-1/2 inches (38 mm) in depth and shall be of sufficient size and shape to receive all dripping or condensate from the tank or water heater. The pan shall be drained by an indirect waste pipe having a diameter of not less than 3/4 inch (19 mm). Piping for safety pan drains shall be of those materials listed in Table P2906.5. Multiple pan drains may terminate to a single discharge piping system when approved by the administrative authority and permitted by the manufactures installation instructions and installed with those instructions. {existing text unchanged} ** Section P2804.6.1; change to read as follows: P2804.6.1 Requirements for discharge piping.The discharge piping serving a pressure relief valve, temperature relief valve or combination thereof shall: Ordinance No. 3605 Page 19 of 22 1. Not be directly connected to the drainage system. 2. Discharge through an air gap. 3. Not be smaller than the diameter of the outlet of the valve served and shall discharge full size to the air gap. 4. Serve a single relief device and shall not connect to piping serving any other relief device or equipment. Exception: Multiple relief devices may be installed to a single T & P discharge piping system when approved by the administrative authority and permitted by the manufactures installation instructions and installed with those instructions. 5. Discharge to an approved location or to the outdoors. {remainder unchanged} ** Section P2902.5.3; change to read as follows: P2902.5.3 Lawn irrigation systems. The potable water supply to lawn irrigation systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure- type vacuum breaker, a double-check assembly or a reduced pressure principle backflow preventer. A valve shall not be installed downstream from an atmospheric vacuum breaker. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer. "Section P3003.9; delete exceptions to read as follows: P3003.9.2 Solvent cementing. Joint surfaces shall be clean and free from moisture. A purple primer that conforms to ASTM F 656 shall be applied. Solvent cement not purple in color and conforming to ASTM D 2564, CSA B137.3, CSA B181.2 or CSA B182.1 shall be applied to all joint surfaces. The joint shall be made while the cement is wet and shall be in accordance with ASTM D 2855. Solvent cement joints shall be permitted above or below ground. "Section P3111.1; modify section as follows: P3111.1 Type of fixtures. In circumstances in which conventional plumbing methods cannot be utilized, and where approved by the code official, a combination waste and vent system may serve floor drains, sinks, {remainder of section unchanged} "Section P3112.2 Vent Connection; delete and replace with the following: P3112.2 Installation. Traps for island sinks and similar equipment shall be roughed in above the floor and may be vented by extending the vent as high as possible, but not less than the drainboard height and then returning it downward and connecting it to the horizontal sink drain immediately downstream from the vertical fixture drain. The return vent shall be connected to the horizontal drain through a wye-branch fitting and shall, in addition, be provided with a foot vent taken off the vertical fixture vent by means of a wye- branch immediately below the floor and extending to the nearest partition and then through the roof to the open air or may be connected to other vents at a point not less Ordinance No. 3605 Page 20 of 22 than six (6) inches (152 mm) above the flood level rim of the fixtures served. Drainage fittings shall be used on all parts of the vent below the floor level and a minimum slope of one-quarter (1/4) inch per foot (20.9 mm/m) back to the drain shall be maintained. The return bend used under the drain-board shall be a one (1) piece fitting or an assembly of a forty-five (45) degree (0.79 radius), a ninety (90) degree (1.6 radius) and a forty-five (45) degree (0.79 radius)elbow in the order named. Pipe sizing shall be as elsewhere required in this Code. The island sink drain, upstream of the return vent, shall serve no other fixtures. An accessible cleanout shall be installed in the vertical portion of the foot vent. ** Section P3114.1;section as follows: P3114.1 General. Vent systems using mechanical vents and/or air admittance valves shall only be installed when conditions exist that would prevent the venting methods prescribed in sections P3101 through P3113 and when approved by the building official. Mechanical vents and/or air admittance valves shall not be used in new construction or as an alternate to section P3112. Vent systems using air admittance valves shall comply... {remainder of section unchanged}. SECTION 4: Any person intentionally, knowingly, recklessly, or with criminal negligence violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed two thousand dollars ($2,000). Each day any such violation shall be allowed to continue shall constitute a separate violation and be punishable hereunder. SECTION 5: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 6: 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 in the Code of Ordinances of the City of North Richland Hills 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 7: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality Ordinance No. 3605 Page 21 of 22 shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8: This Ordinance shall be in full force and effect from and after its passage and publication as required by law. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 23rd day of September, 2019. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Director of Planning Ordinance No. 3605 Page 22 of 22 DRAFT MINUTES OF THE MEETING OF THE CONSTRUCTION CODE OF APPEALS CITY OF NORTH RICHLAND HILLS, TEXAS WORK SESSION August 15, 2019 1. CALL TO ORDER The meeting was called to order by Chief Building Official Dave Pendley at 6:05 p.m. Present at the Work Session are: PRESENT Chairman Kurt Cameron Terry Brown Phillip Varughese WD `Mac' McCarthy Marc Trevino Keith Kirkwood CITY STAFF Building Official Dave Pendley Recording Secretary Cindy Garvin Darla Paschall 2. Oaths of Offices Kurt Cameron, Phillip Varughese, Marc Trevino, Heath Kirkwood and W.D. McCarthy were sworn in. 3. ROLL CALL PRESENT Chairman Kurt Cameron Terry Brown Phillip Varughese WD `Mac' McCarthy Marc Trevino Heath Kirkwood CITY STAFF Building Official Dave Pendley Recording Secretary Cindy Garvin Darla Paschall August 15,2019 Construction Board of Appeals Page 1 DRAFT 4. Election for Chairman Kurt Cameron elected for Chair, Terry Browning elected for Vice Chair 5. Approval of Minutes of March 17, 2015 Construction Code of Appeals Board Approved Kurt Cameron motions to approve the minutes, Phillip Varughese seconds motion. The motion passes unanimously (6, 0) 6. Briefing on Adoption of 2018 I-Codes Dave Pendley gave an overview of the Code Adoption from the 2012 Codes to the adoption to the 2018 Codes. 7. Consideration of Purposed NCTCOG Amendment option of Section 903.2.11.9 Requiring Fire Sprinklers in Buildings over 6,000 SF. Approved Phillip Varughese motions to adopt the section 903.2.11.6. Terry Brown seconds the motion. The motion passes unanimously (6, 0) 8. Consideration of Adoption of the 2018 I-Codes for International Building Codes. Dave Pendley presented the Board with the changes of the codes for the 2018 International Building Codes After the presentation and discussion, the Board motioned to approve the consideration for the International Building Codes. APPROVED Marc Trevino motions to adopt the 2018 International Building Codes. Phillip Varughese seconds the motion. The motion passes unanimously (6, 0) August 15,2019 Construction Board of Appeals Page 2 9. DRAFT Consideration of Adoption of the 2018 1- Codes for International Residential Codes Dave Pendley presented the Board with the changes of the codes for the 2018 International Residential Codes After the presentation and discussion, the Board motioned to approve the consideration for the International Residential Codes. APPROVED Heath Kirkwood motions to adopt the 2018 International Building Codes. Terry Brown seconds the motion. The motion passes unanimously (6, 0) 5 Minute Recess Meeting started back up at 8:01 10. Consideration of Adoption of the 2018 1-Codes for International Mechanical Code Dave Pendley presented the Board with the changes of the codes for the 2018 International Mechanical Codes After the presentation and discussion, the Board motioned to approve the consideration for the International Mechanical Code. APPROVED Phillip Varughese motions to adopt the 2018 International Mechanical Code, Terry Browning seconds the motion. The motion passes unanimously (6, 0) 11. ADJOURNMENT Kurt Cameron called the meeting adjourned at 8:13 pm. Kurt Cameron Chairman August 15,2019 Construction Board of Appeals Page 3 k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2019 SUBJECT: Consider Ordinance No. 3606, amending Chapter 98 of the North Richland Hills Code of Ordinances adopting the 2018 International Mechanical Code with amendments. PRESENTER: David Pendley, Chief Building Official SUMMARY: In a continuing effort to modernize the city's building codes in support of Council's goal to provide quality community development and revitalization, staff recommends adoption of the 2018 International Mechanical Code with amendments. GENERAL DESCRIPTION: The International Building Codes (I-Codes) are developed by construction industry professionals and adopted around the world as model codes based on the best, most recent building science. The I-Codes form a framework upon which the city develops a building code with regional and local amendments reflecting the city's unique needs as determined by local code users. These codes are reviewed by the Regional Codes Coordinating Committee appointed by the North Central Texas Council of Governments (NCTCOG) and staff; and are ultimately recommended for approval by the Council- appointed Construction Code Board of Appeals, which also serves as the city's Technical Code Review Committee. The I-Codes are continuously updated and republished every three years by the International Code Council, Inc. (ICC), headquartered in Washington D.C. with organizational roots dating back to the early 20th century. It has been the city's policy to update our codes every-other code cycle, or every six years. Adoption of the 2018 I-Codes is in the best interest of the citizens of North Richland Hills by promoting health, safety and welfare. Updated codes also benefits our citizens by: • Establishing consistency of code adoptions with other local jurisdictions. • Ensuring the best rating possible by the Insurance Services Organization (ISO). ISO collects information nation-wide on building codes in effect in communities, as well as how the communities enforce their building codes. ISO analyzes the data using a Building Code Effectiveness Grading Schedule and assigns a k4FItH NORTH RICHLAND HILLS grade to each community. Insurers use this grading to determine premium rates for buildings constructed within the city. The single most important factor used by ISO is how modern a jurisdiction's adopted codes are. Any city that is more than two code-cycles behind (which are the 2012 I-Codes), are automatically given the lowest rating possible. • Contributes to the city's good standing in FEMA's Community Rating System (CRS) which enables discounted flood insurance rates for our residents. Staff is proposing the adoption of the 2018 International Mechanical Code to go into effect upon council's approval. However, if approved, staff intends to establish a policy providing a 45 day window to submit projects that were designed under the 2012 I-Codes; giving engineers, architects, homeowners and builders time to adjust to the requirements. Significant code changes include: • Commercial food service establishment has been defined • Requires enclosed parking garages to have continuous mechanical ventilation • Dryer ducts must be sealed and cannot have a discharge fitting less than 12.5 square inches • Commercial vent hoods cannot be discharged closer than three feet to any window (including non-operable windows) • Pollution-Control Units to extract grease and smoke in restaurants have been codified • Pipe insulation in air plenums must be appropriately rated against the proliferation of fire and smoke • Refrigerant lines are prohibited from fire resistant corridors, interior exit stairways, ramps, passageways and elevator shafts This action is consistent with surrounding communities that have adopted or will soon be adopting the 2018 I-Codes. The council-appointed Construction Code Appeals Board, acting in its role of as the Technical Code Review Committee, voted on August 15, 2019 to recommend the approval of the 2018 International Mechanical Code. RECOMMENDATION: Approve Ordinance No. 3606. ORDINANCE NO. 3606 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING CHAPTER 98 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, ADOPTING THE 2018 INTERNATIONAL MECHANICAL CODE AS AMENDED AS THE MECHANICAL CODE OF THE CITY OF NORTH RICHLAND HILLS; PROVIDING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas ("the City") is a home rule city acting under its power 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 International Mechanical Code is developed by construction industry professionals and adopted around the world as the model code based on the best, most recent building science; and WHEREAS, updates to the building codes are meant to track with changes in building industry standards, practices, innovations, and technologies; and WHEREAS, the North Richland Hills City Council desires to adopt the 2018 International Mechanical Code with amendments recommended by the North Central Texas Council of Governments and other local amendments in order to better provide for the health, safety, and welfare of its residents, businesses and their property, as well as all occupants and users of buildings and structures within the community; and WHEREAS, it is the policy of the City of North Richland Hills to update its building codes every six years; and WHEREAS, updated codes benefit North Richland Hills citizens by establishing consistency of code adoptions with other local jurisdictions; ensuring the best rating possible by the Insurance Services Organization (ISO); Contributes to the city's good standing in FEMA's Community Rating System (CRS) which enables discounted flood insurance rates for our residents; and WHEREAS, the North Richland Hills Construction Code Appeals Board acting in its capacity as the Construction Advisory Board on August 15, 2019 reviewed and unanimously recommended the adoption of the 2018 International Ordinance No. 3606 Page 1 of 9 Mechanical Code with the amendments recommended by the North Central Texas Council of Governments and other local amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: The City Council hereby finds the recitals above to be true and correct, and such recitals are hereby incorporated into this Ordinance as if written herein. SECTION 2: THAT Section 98-332 of the North Richland Hills Code of Ordinances be amended to read as follows: Sec. 98-332. International Mechanical Code adopted. The International Mechanical Code, 2018 Edition, as published by the International Code Council, Inc., as amended by the recommended amendments of the North Central Texas Council of Governments, as further modified by the city technical code committee, a copy of which is on file in the office of the city secretary, is hereby adopted by reference and designated as the mechanical code of the city, the same as though such code were copied at length herein. SECTION 3: THAT Section 98-333 of the North Richland Hills Code of Ordinances be amended to read as follows: Sec. 98-333. Amendments to the International Mechanical Code. The following sections, paragraphs, and sentences of the 2018 International Mechanical Code are hereby amended as follows- ** Section 102.8; change to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. Ordinance No. 3606 Page 2 of 9 **Section 109; Delete entire section and replace as follows: SECTION 109 MEANS OF APPEAL [A] 109.1 Application for appeal. (See Sec. 98-42, 98-43, and 98-185(f) of the North Richland Hills Code of Ordinances). ** Section 304.13;Add new section as follows: 304.13 Minimum burial depth. Underground fuel piping systems shall be installed a minimum depth of 18 inches (458 mm) below grade. **Section 306.3; change to read as follows: 306.3 Appliances in attics. Attics containing appliances requiring access shall be provided . . . {bulk of paragraph unchanged} . . . side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the largest appliance. A walkway to an appliance shall be rated as a floor as approved by the building official. As a minimum, for access to the attic space, provide one of the following: 1. A permanent stair. 2. A pull down stair with a minimum 300 lb (136 kg) capacity. 3. An access door from an upper floor level. 4. Access Panel may be used in lieu of items 1, 2, and 3 with prior approval of the code official due to building conditions. Exceptions: 1. The passageway and level service space are not required where the appliance is capable of being serviced and removed... {remainder of section unchanged} ** Section 306.5; change to read as follows: 306.5 Equipment and Appliances on Roofs or Elevated Structures.Where equipment requiring access or appliances are located on an elevated structure or the roof of a building such that personnel will have to climb higher than 16 feet (4877 mm) above grade to access, an interior or exterior means of access shall be provided. Exterior ladders providing roof access need not extend closer than 12 feet (2438 mm) to the finish grade or floor level below and shall extend to the equipment and appliances' level service space. Such access shall . . . {bulk of section to read the same} . . . on roofs having a slope Ordinance No. 3606 Page 3 of 9 greater than four units vertical in 12 units horizontal (33-percent slope). ... {remainder of text unchanged}. **Section 306.5.1; change to read as follows: 306.5.1 Sloped roofs. Where appliances, equipment, fans or other components that require service are installed on a roof having a slope of three units vertical in 12 units horizontal (25-percent slope) or greater and having an edge more than 30 inches (762 mm) above grade at such edge, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to a level platform at the appliance. The level platform shall be provided on each side of the appliance to which access is required for service, repair or maintenance. The platform shall be not less than 30 inches (762 mm) in any dimension and shall be provided with guards. The guards shall extend not less than 42 inches (1067 mm) above the platform, shall be constructed so as to prevent the passage of a 21-inch-diameter(533 mm) sphere and shall comply with the loading requirements for guards specified in the International Building Code. **Add section 306.6 to read as follows: 306.6 Water heaters above ground or floor. When the mezzanine or platform in which a water heater is installed is more than eight feet (2,438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. Exception: A max 10 gallon water heater (or larger with approval) is capable of being accessed through a lay-in ceiling and a water heater is installed is not more than ten (10) feet (3048 mm) above the ground or floor level and may be reached with a portable ladder. 306.6.1 Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with section 306.3.1. ** Section 307.2.1; modify second sentence to read as follows: 307.2.1 Condensate disposal. Condensate from all cooling coils and evaporators shall be conveyed from the drain pan outlet to an approved place of disposal. Such piping shall maintain a minimum horizontal slope in the direction of discharge of not less than one-eighth unit vertical in 12 units horizontal (1-percent). Condensate shall not discharge into a street, alley, sidewalk or other areas so as to cause a nuisance. Rooftop units may be piped to discharge into roof drains when such drains do not discharge in a publicly exposed area as listed above. Condensate shall not discharge into pit without specific approval by the building official. Ordinance No. 3606 Page 4 of 9 ** Section 307.2.3; amend item #2 to read as follows: 2. A separate overflow drain line shall be connected to the drain pan provided with the equipment. Such overflow drain shall discharge to a conspicuous point of disposal to alert occupants in the event of a stoppage of the primary drain. The overflow drain line shall connect to the drain pan at a higher level than the primary drain connection. However, the conspicuous point shall not create a hazard such as dripping over a walking surface or other areas so as to create a hazard or nuisance. **Section 403.2.1; add an item 5 to read as follows: 5. Toilet rooms within private dwellings that contain only a water closet, lavatory, or combination thereof may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air in cases where direct ventilation cannot be achieved. **Section 501.2; add an exception to read as follows: 501.2 Exhaust discharge. The air removed by every mechanical exhaust system shall be discharged outdoors at a point where it will not cause a nuisance and not less than the distances specified in Section 501.2.1. The air shall be discharged to a location from which it cannot again be readily drawn in by a ventilating system. Air shall not be exhausted into an attic or crawl space. Exceptions: 1. Whole-house ventilation-type attic fans shall be permitted to discharge into the attic space of dwelling units having private attics. 2. Commercial cooking recirculating systems. 3. When approved by the code official, toilet room exhaust ducts may terminate in a warehouse or shop area when infiltration of outside air is present. **Section 504.6.4.2; change to read as follows: 504.6.4.2 Manufacturer's instructions. When approved by the Building Official, where clothes dryers to be installed are provided and maintained by the building owner and the manufacturer's installation instructions for such dryer(s) are provided, the maximum length of the exhaust duct, including any transition duct, may be permitted to be in accordance with the dryer manufacturer's installation instructions, and provided that a 4 inch by 6 inch sign red in color with white letters is permanently affixed to the structure near the clothes dryer stating the following: Ordinance No. 3606 Page 5 of 9 WARNING Clothes dryer must be provided by the building owner and shall support a maximum discharge length of (insert maximum total developed length allowed by the manufacturer). Contact the North Richland Hills Building Inspection Department for noncompliance issues at 817-427-6300. "Section 506.3.11; replace first sentence to read as follows: 506.3.11 Grease duct enclosure. A grease duct serving a Type I hood shall be enclosed. {remainder of paragraph unchanged}. Exception: Deleted "Section 507.3, add exception #1 as follows: Exception #1: 1. Commercial dishwashing machines and other commercial dishwashers that do not heat water above 130 degrees Fahrenheit and utilize approved detergents and/or cleaning agents for sanitization purposes. "Section 507.2.3; change to read as follows: 507.2.3 Domestic cooking appliances used for non-residential_purposes. Domestic cooking appliances utilized for non-residential purposes shall be provided with Type I or Type 11 hoods as required for the type of appliances and processes in accordance with Section 507.2. Exception: When approved by the building official and the fire marshal, domestic cooking appliances intended for limited or occasional use may be installed without Type I or Type 11 hoods when equipped with approved domestic-type exhaust hoods that are vented to the exterior of the building and equipped with approved automatic fire suppression equipment; and where it can be demonstrated that concentrated cooking activities will not take place. Concentrated cooking activities include, but are not limited to, frying and other cooking methods that produce grease laden vapors. Cooking areas shall be posted with a permanent plaque that states the following: NOTICE Cooking equipment is for warming foods only. Frying, grilling, or other cooking processes that produce grease laden vapors are prohibited by order of the Fire Marshal. Ordinance No. 3606 Page 6 of 9 The use of this exception may be revoked by the building official or the fire marshal for non-compliance. "Section 510.2.1.1; added to read as follows: 510.2.1.1 Woodworking (or cabinet) shop. Where more than three fixed or table mounted pieces of dust producing equipment exists, each fixed or table mounted piece shall be connected to a dust collection system, in accordance with this section and Section 511, which is interconnected so that dust collection is automatically activated whenever the equipment is in operation. ** Section 515; add new section as follows: SECTION 515 RESTROOM VENTILATION FANS 515.1 General. When required, individual restroom ventilation fan equipment and appliances shall be installed as required by the terms of their approval, in accordance with the conditions of the listing, the manufacturer's installation instructions and this code. Manufacturer's installation instructions shall be available on the job site at the time of inspection. 515.2 Exhaust penetrations. Where a restroom ventilation fan exhaust duct penetrates a wall or ceiling membrane, the annular space shall be sealed with noncombustible material, approved fire caulking or a noncombustible exhaust duct wall receptacle. Ducts that exhaust restroom ventilation fans shall not penetrate or be located within any fireblocking, draftstopping or any wall, floor/ceiling or other assembly required by the International Building Code to be fire-resistance rated, unless such duct is constructed of galvanized steel or aluminum of the thickness specified in Section 603.4 and the fire- resistance rating is maintained in accordance with the International Building Code. Fire dampers, combination fire/smoke dampers and any similar devices that will obstruct the exhaust flow shall be prohibited in clothes dryer exhaust ducts. 515.3 Exhaust installation. Exhaust ducts shall terminate on the outside of the building and shall be equipped with a backdraft damper. Screens shall not be installed at the duct termination. Exhaust ducts shall not be connected to a vent connector, vent or chimney. Exhaust ducts shall not extend into or through ducts or plenums. 515.4 Ducts. Exhaust ducts for restroom ventilation fans shall conform to the requirements of Sections 515.4.1 through 515.4.3. 515.4.1 Material and size. Ducts within concealed construction such as wall and floor cavities shall have a smooth interior finish and shall be constructed of metal a minimum 0.016 inch (0.4 mm) thick. The exhaust duct size shall meet the manufacturer's installation instructions. Ordinance No. 3606 Page 7 of 9 515.4.2 Flexible air connectors. Flexible air connectors shall be metallic and be tested in accordance with UL 181. Connectors shall be listed and labeled as Class 0 or Class 1 flexible air connectors and shall only be installed in areas that provide access for maintenance and repair. 515.4.3 Flexible air connector length. Flexible air connectors shall be limited in length to 14 feet (4267 mm). 515.4.4 Flexible air connector penetration limitations. Flexible air connectors shall not pass through any wall, floor or ceiling. "Section 607.5.1; change to read as follows: 607.5.1 Fire Walls. Ducts and air transfer openings permitted in fire walls in accordance with Section 705.11 of the International Building Code shall be protected with listed fire dampers installed in accordance with their listing. For hazardous exhaust systems see Section 510.1-510.9 IMC. SECTION 4: Any person intentionally, knowingly, recklessly, or with criminal negligence violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed two thousand dollars ($2,000). Each day any such violation shall be allowed to continue shall constitute a separate violation and be punishable hereunder. SECTION 5: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 6: 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 in the Code of Ordinances of the City of North Richland Hills 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 7: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment Ordinance No. 3606 Page 8 of 9 or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8: This Ordinance shall be in full force and effect from and after its passage and publication as required by law. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 23rd day of September, 2019. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Director of Planning Ordinance No. 3606 Page 9 of 9 DRAFT MINUTES OF THE MEETING OF THE CONSTRUCTION CODE OF APPEALS CITY OF NORTH RICHLAND HILLS, TEXAS WORK SESSION August 15, 2019 1. CALL TO ORDER The meeting was called to order by Chief Building Official Dave Pendley at 6:05 p.m. Present at the Work Session are: PRESENT Chairman Kurt Cameron Terry Brown Phillip Varughese WD `Mac' McCarthy Marc Trevino Keith Kirkwood CITY STAFF Building Official Dave Pendley Recording Secretary Cindy Garvin Darla Paschall 2. Oaths of Offices Kurt Cameron, Phillip Varughese, Marc Trevino, Heath Kirkwood and W.D. McCarthy were sworn in. 3. ROLL CALL PRESENT Chairman Kurt Cameron Terry Brown Phillip Varughese WD `Mac' McCarthy Marc Trevino Heath Kirkwood CITY STAFF Building Official Dave Pendley Recording Secretary Cindy Garvin Darla Paschall August 15,2019 Construction Board of Appeals Page 1 DRAFT 4. Election for Chairman Kurt Cameron elected for Chair, Terry Browning elected for Vice Chair 5. Approval of Minutes of March 17, 2015 Construction Code of Appeals Board Approved Kurt Cameron motions to approve the minutes, Phillip Varughese seconds motion. The motion passes unanimously (6, 0) 6. Briefing on Adoption of 2018 I-Codes Dave Pendley gave an overview of the Code Adoption from the 2012 Codes to the adoption to the 2018 Codes. 7. Consideration of Purposed NCTCOG Amendment option of Section 903.2.11.9 Requiring Fire Sprinklers in Buildings over 6,000 SF. Approved Phillip Varughese motions to adopt the section 903.2.11.6. Terry Brown seconds the motion. The motion passes unanimously (6, 0) 8. Consideration of Adoption of the 2018 I-Codes for International Building Codes. Dave Pendley presented the Board with the changes of the codes for the 2018 International Building Codes After the presentation and discussion, the Board motioned to approve the consideration for the International Building Codes. APPROVED Marc Trevino motions to adopt the 2018 International Building Codes. Phillip Varughese seconds the motion. The motion passes unanimously (6, 0) August 15,2019 Construction Board of Appeals Page 2 9. DRAFT Consideration of Adoption of the 2018 1- Codes for International Residential Codes Dave Pendley presented the Board with the changes of the codes for the 2018 International Residential Codes After the presentation and discussion, the Board motioned to approve the consideration for the International Residential Codes. APPROVED Heath Kirkwood motions to adopt the 2018 International Building Codes. Terry Brown seconds the motion. The motion passes unanimously (6, 0) 5 Minute Recess Meeting started back up at 8:01 10. Consideration of Adoption of the 2018 1-Codes for International Mechanical Code Dave Pendley presented the Board with the changes of the codes for the 2018 International Mechanical Codes After the presentation and discussion, the Board motioned to approve the consideration for the International Mechanical Code. APPROVED Phillip Varughese motions to adopt the 2018 International Mechanical Code, Terry Browning seconds the motion. The motion passes unanimously (6, 0) 11. ADJOURNMENT Kurt Cameron called the meeting adjourned at 8:13 pm. Kurt Cameron Chairman August 15,2019 Construction Board of Appeals Page 3 k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2019 SUBJECT: Consider Ordinance No. 3607, amending Chapter 98 of the North Richland Hills Code of Ordinances adopting the 2018 International Building Code with amendments. PRESENTER: David Pendley, Chief Building Official SUMMARY: In a continuing effort to modernize the city's building codes in support of council's goal to provide quality community development and revitalization, staff recommends adoption of the 2018 International Building Code. GENERAL DESCRIPTION: The International Building Codes (I-Codes) are developed by construction industry professionals and adopted around the world as model codes based on the best, most recent building science. The I-Codes form a framework upon which the city develops a building code with regional and local amendments reflecting the city's unique needs as determined by local code users. These codes are reviewed by the Regional Codes Coordinating Committee appointed by the North Central Texas Council of Governments (NCTCOG) and staff; and are ultimately recommended for approval by the council- appointed Construction Code Board of Appeals, which serves as the city's Technical Code Review Committee. The I-Codes are continuously updated and republished every three years by the International Code Council, Inc. (ICC), headquartered in Washington D.C. with organizational roots dating back to the early 20th century. It has been North Richland Hills' policy to update its codes every-other code cycle (every six years). Adoption of the 2018 I-Codes is in the best interest of the citizens of North Richland Hills by promoting health, safety and welfare. Updated codes also benefits our citizens by: • Establishing consistency of code adoptions with other local jurisdictions. • Ensuring the best rating possible by the Insurance Services Organization (ISO). ISO collects information nation-wide on building codes in effect in communities, as well as how the communities enforce their building codes. ISO analyzes the data using a Building Code Effectiveness Grading Schedule and assigns a grade to k4FItH NORTH RICHLAND HILLS each community. Insurers use this grading to determine premium rates for buildings constructed within the city. The single most important factor used by ISO is how modern a jurisdiction's adopted codes are. Any city that is more than two code-cycles behind (which are the 2012 I-Codes), are automatically given the lowest rating possible. • Contributes to the city's good standing in FEMA's Community Rating System (CRS) which enables discounted flood insurance rates for our residents. Staff is proposing the adoption of the 2018 International Building Code to go into effect upon council's approval. However, if approved, staff intends to establish a policy providing a 45 day window to submit projects that were designed under the 2012 I-Codes; giving engineers, architects, homeowners and builders time to adjust to the requirements. Significant code changes include: • Occupant load classification and maximum number of occupants must be established for occupied roofs. • Classification of greenhouse structures based on their use (mercantile, assembly, utility). • New minor surgery and dental surgery centers where patients are sedated must have an emergency power supply. • Storm shelters are required in schools and critical emergency operation buildings (i.e. 911 call stations, emergency operation centers, fire, rescue, ambulance and police stations). Additions to these buildings that do not have a shelter will be required to provide one with the project. • Play structures over 10 feet in height OR larger than 150 square feet must be of non-combustible materials. Structures within sprinkled buildings may need to integrate fire sprinklers. • Clarification that podium-type structures must have a 3-hour fire separation (this is typically found in buildings with parking garages beneath them). • NCTCOG amendment requiring fire sprinklers in commercial buildings over 6,000 square feet. • Exterior illumination required at building exits must extend to the right-of-way or safe dispersal area at least 50 feet away from a building. • New locking arrangements to accommodate emergencies in schools. • Elevator lobbies required in buildings with fire resistive corridors (apartments and hotels). This action follows suit with surrounding communities that have adopted or will soon be adopting the 2018 I-Codes. The council-appointed Construction Code Appeals Board, also acting in their role as the Technical Code Review Committee, voted on August 15, 2019 to recommend approval of the 2018 International Building Code. k4FltH NORTH RICHLAND HILLS RECOMMENDATION: Approve Ordinance No. 3607. ORDINANCE NO. 3607 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING CHAPTER 98 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, ADOPTING THE 2018 INTERNATIONAL BUILDING CODE AS AMENDED AS THE COMMERCIAL BUILDING CODE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING OTHER PROVISIONS OF SUCH CHAPTER 98; AMENDING APPENDIX A FEE SCHEDULE; PROVIDING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas ("the City") is a home rule city acting under its power 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 International Building Codes are developed by construction industry professionals and adopted around the world as model codes based on the best, most recent building science; and WHEREAS, updates to the building codes are meant to track with changes in building industry standards, practices, innovations, and technologies; and WHEREAS, the North Richland Hills City Council desires to adopt the 2018 International Building Code with amendments recommended by the North Central Texas Council of Governments and other local amendments in order to better provide for the health, safety, and welfare of its residents, businesses and their property, as well as all occupants and users of buildings and structures within the community; and WHEREAS, it is the policy of the City of North Richland Hills to update its building codes every six years; and WHEREAS, updated codes benefit North Richland Hills citizens by establishing consistency of code adoptions with other local jurisdictions; ensure the best rating possible by the Insurance Services Organization (ISO); and contribute to the city's good standing in FEMA's Community Rating System (CRS) which enables discounted flood insurance rates for our residents; and WHEREAS, the North Richland Hills Construction Code Appeals Board acting in its capacity as the Construction Advisory Board on August 15, 2019, reviewed and unanimously recommended the adoption of the 2018 International Ordinance No. 3607 Page 1 of 41 Building Code with the amendments recommended by the North Central Texas Council of Governments and other local amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: The City Council hereby finds the recitals above to be true and correct, and such recitals are hereby incorporated into this Ordinance as if written herein. SECTION 2: THAT, Section 98-42(b) of the North Richland Hills Code of Ordinances be amended to read as follows- (b) The board shall serve as an appeals board as contemplated by the building, electrical, plumbing, residential, mechanical, fire, fuel gas, energy, swimming pool & spa, and existing buildings codes adopted by the city. To the extent that such codes contemplate different terms of office or qualifications of members, this section shall prevail. SECTION 3: THAT, Section 98-43(a) of the North Richland Hills Code of Ordinances be amended to read as follows: (a) Any person may appeal an interpretation of the substantive provisions of building, electrical, plumbing, residential, mechanical, fire, fuel gas, energy, swimming pool & spa, and existing buildings codes, or the disapproval or refusal of any permit thereunder to the extent provided in such codes, by filing a written notice with the official who made the interpretation or who refused or disapproved such permit. Such notice shall be filed within ten days after any interpretation is made or permit refused or disapproved. SECTION 4: THAT, Sec. 98-63(3) of the North Richland Hills Code of Ordinance be amended to read as follows- (3) Every commercial building permit and multi-family building permit shall pay a nonrefundable plan review fee which shall be 65 percent of the building permit fee. This fee is due prior to issuance of the permit. SECTION 5: THAT, Section 98-92(c) of the North Richland Hills Code of Ordinances be amended to read as follows- (c) All commercial and multifamily building permits shall be assessed a plan review fee in addition to the building permit fee. The plan review fee shall be 65 percent of the building permit fee unless otherwise specifically stated. Ordinance No. 3607 Page 2 of 41 SECTION 6: THAT Section 98-143 of the North Richland Hills Code of Ordinances be amended to read as follows: Sec. 98-143 2018 International Building Code Adopted. The International Building Code, 2018 Edition as published by the International Code Council, Inc., a copy of which is on file in the office of the City Secretary, as herein amended, is hereby adopted by reference and designated as the Building Code of the City of North Richland Hills, the same as though such Code and amendments were copied at length herein. SECTION 7: THAT Section 98-144 of the North Richland Hills Code of Ordinances be amended to read as follows: Sec. 98-144 Amendments to the 2018 International Building Code "Section 101.1, change to read as follows: 101.1 Title. These regulations shall be known as the Building Code of the City of North Richland Hills, hereinafter referred to as "this code." "Section 101.4; change to read as follows: 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.8 and referenced elsewhere in this code, when specifically adopted, shall be considered part of the requirements of this code to the prescribed extend of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the Electrical Code shall mean the Electrical Code as adopted. "Section 101.4.8; change to read as follows: 101.4.8 Electrical. The provisions of the Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. "Section 102.6; change to read as follows: 102.6 Existing Structures. The legal occupancy of any structure existing on the date of adoption of the code shall be permitted to continue without change, except as is specifically covered in this code, Article X of the North Richland Hills Code of Ordinances (substandard building regulations), the International Existing Building Code, the International Fire Code, as applicable, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. Ordinance No. 3607 Page 3 of 41 ** Section 103 & 103.1; change to read as follows: SECTION 103 BUILDING INSPECTION DEPARTMENT OF NORTH RICHLAND HILLS 103.1 Creation of enforcement agency. The Building Inspection Department of North Richland Hills is hereby created and the official in charge thereof shall be known as the chief building official. The Building Inspection Department of North Richland Hills shall also mean the Department of Building Safety when referred to in this code. **Section 103.3;Add last sentence to read as follows: For the maintenance of existing properties, see also Article X of Chapter 98 of the North Richland Hills Code of Ordinances. **Section 104.6; replace section to read as follows: 104.6 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official or his designee is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If entry is refused by the occupant, the building official shall have recourse to the remedies provided by law to secure entry. If such structure or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused by the owner or other person having charge or control of the structure or premises, the building official shall have recourse to the remedies provided by law to secure entry. ** Section 104.10.1; modify the first paragraph of section 104.10.1 as follows: 104.10.1 Flood hazard areas. The building official shall not grant modifications to any provision required in flood hazard areas as established by Chapter 102 of the North Richland Hills Code of Ordinances {remainder of section unchanged}. ** Section 105.1; add second paragraph to read as follows: Alterations shall include remodeling projects that require the addition or replacement of walls, wallboard, roofing, roof decking, and floor or ceiling decking. **Section 105.2; modify items#1, 2, 4, 6, 10 and add items#14 & 15: change to read to read as follows: Ordinance No. 3607 Page 4 of 41 1. One-story detached accessory structures of 1 & 2 family dwellings and townhomes used as tool and storage sheds, playhouses and similar uses, provided it is located at least 3 feet from the primary structure, the floor area does not exceed 144 square feet, and complies with Chapter 118 of the North Richland Hills Code of Ordinances. 2. Replacement of up to four 8 foot sections of fence no taller than eight-feet in height. All other fences shall require a permit. 4. Retaining walls which are not over 3 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding class I, II or III-A liquids. Retaining walls placed in succession shall be considered one wall if, upon drawing a line from the bottom of the footing of the lower wall at a 45-degree angle up and towards the higher wall, the line intersects the higher wall or any material retained by the higher wall at any point. Any retaining wall (or succession of retaining walls) 3 feet or taller must be designed by an engineer licensed to practice in the State of Texas. 6. Sidewalks and other flatwork less than 200 square feet in area not located within the public right-of-way or more than 30 inches (762 mm) above grade, less than 6 feet from a property line, not over any basement or story below, and are not part of an accessible route. Driveways and drive approaches shall require a permit. 10. (Deleted) 14. Roof repairs on group R, division 3 and their accessory structures. For the purpose of this section, roof repairs shall include the repair and replacement of shingles or other approved roofing material, but does not include decking material, lathing boards or sheathing boards. The building official is authorized to revoke this exception at his/her discretion, provided it is applied uniformly to all contractors engaging in roofing or re-roofing; in which case a building permit and contractor registration is required prior to commencement of roofing repair/replacement activities. 15. Freestanding satellite dishes not exceeding one meter in diameter that do not exceed 12 feet in height. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. "Section 105.7; change to read as follows: 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. A permit card which has been issued by the department of building inspection shall also be kept on the site in a prominent location Ordinance No. 3607 Page 5 of 41 and remain visible to the building official and/or his designee until the completion of the project. "Section 107.4.1; add section to read as follows: 107.6 Final as-built grading surveys. A final "as-built" grading & drainage survey must be provided to the building inspector prior to final inspection approval on all new construction (commercial and residential), swimming pools, and other features which may affect the City's drainage designs. The grading and drainage survey must be prepared by a licensed surveyor and must include site elevations, finish-floor elevations, site features (i.e. trees, sod, A/C units, accessory buildings, etc.), drainage arrows, building foot print(s) and fence locations. The survey must also include a written statement by a licensed surveyor certifying that the final grading of the individual site conforms to the engineered drainage and grading plans approved by the Public Works Department for the particular lot/subdivision. The Building Inspection Department will not issue an approval of the feature/lot/subdivision until this survey and corresponding certification have been received and approved by the Building Official or his designee. "Section 109; add Section 109.7 to read as follows: 109.7 Re-inspection Fee. A fee as established by city council resolution may be charged when- 1. The inspection called for is not ready when the inspector arrives; 2. No building address or permit card is clearly posted; 3. City approved plans are not on the job site available to the inspector; 4. The building is locked or work otherwise not available or accessible for inspection when called; 5. The job site is red-tagged two or more times for the same item(s), or for other items clearly known to the contractor from previous projects within North Richland Hills; 6. Failure to maintain erosion control, trash control or tree protection. Any re-inspection fee assessed shall be paid before additional inspections are made on that job site. "Section 109; add Section 109.8, 109.8.1, 109.8.2 and 109.9 to read as follows: 109.8 Work without a permit. 109.8.1 Investigation. Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation shall be made Ordinance No. 3607 Page 6 of 41 before a permit may be issued for such work. 109.8.2 Fee. When work requiring a permit is found to be in progress or completed and no permit has been issued for such work, the required permit fee shall be double the fee determined according to the fee schedules contained in appendix A, or $500.00 plus the fee determined according to the fee schedules contained in appendix A, whichever is greater. This fee shall be charged to the contractor or building owner doing all or part of the work and may be appealed to the building official or fire marshal. Continued failure to obtain a permit after having been duly notified is considered a violation of this article. 109.9 Unauthorized cover up fee. Any work concealed without first obtaining the required inspection in violation of Section 110 shall be assessed the maximum re- inspection fee as established by the city fee schedule and the work uncovered to the satisfaction of the building official for inspection. Any work covered or concealed without inspection shall be considered to constitute an unsafe structure and subject to the corrective provisions of section 116. Such consideration as an unsafe structure shall exist every day until the work is inspected and approved as being in compliance with this code. Inspections will not be performed until a valid active permit is obtained in accordance with this code. "Section 110.3.12 Add section to read as follows: 110.3.12 Storm Water Pollution Inspection. Whenever earth has been disturbed during the course of construction, every inspection mentioned in section 110.3.1 through 110.3.11 shall also include a storm water pollution control inspection in accordance with section 1803.3.1. Construction sites failing to provide and/or maintain adequate storm water pollution controls may be disapproved regardless of the status of the primary inspection and are subject to reinspection fees for non-compliance. "Section 110.4; change section to read as follows: 110.4 Inspection Agencies. At the discretion of the building official, reports from approved inspection agencies may be accepted with prior written approval. Inspection agencies must satisfy the requirements as to qualifications and reliability. "Section 110.6.1; add section to read as follows: 110.6.1 Covered or concealed work. Any work covered or concealed without inspection shall be considered to constitute an unsafe structure and subject to the corrective provisions of section 116. Such consideration as an unsafe structure shall exist every day until the work is inspected and approved as being in compliance with this code. Inspections will not be performed until a valid active permit is obtained in accordance with this code and all investigative/reinspection fees are paid. "Section 111; change entire section to read as follows: Ordinance No. 3607 Page 7 of 41 111.1 Use and occupancy. Except for one and two family dwellings and their accessory buildings which are subject to the International Residential Code, no building or structure within the city shall be used; subjected to change in occupancy classification, use or character of use; occupied or reoccupied unless the building official has issued a certificate of occupancy. In the event that any building or structure is leased or subleased in separate lease-units, each lease-unit must have a certificate of occupancy issued to such separate lease-unit.A certificate of occupancy shall be obtained each time a building or lease space changes tenants, business name, and/or ownership. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall remain visible at all times the building is occupied. No utility service shall be supplied to any building or separate lease unit until the building official has notified the supplier in writing after review, inspection, and approving the certificate of occupancy applicant. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Exceptions- 1. The building official may release utility services for a temporary period of time upon written request by the applicant for the purposes of cleaning and showing prospective rental properties. 2. Certificates of occupancy are not required for work exempt from permits under Section 105.2 111.1.1 Responsible party. Any person, firm or corporation who violates any portion of this section by using or occupying a building or structure without obtaining a certificate of occupancy shall be guilty of a misdemeanor. Both the tenant and the landlord shall be deemed guilty of violation in the event of use or occupancy of leased premises without a certificate of occupancy. 111.1.2 Authority to remove utilities. In order to further compliance with this section, the building official may order that no utility, including water and/or electrical, be provided to the building, or portion thereof, which is occupied or used without a valid certificate of occupancy. In the event that a leased portion of any building is in violation of the ordinance, the utility provided to the entire building may be discontinued upon order of the building official until the violation is abated. However, in the event that the portion of the lease portion of the building which is in violation of the ordinance is separately metered, then the building official's order to stop utilities shall apply only to that meter which controls the service(s) provided to the portion of the building in violation of this section. The utility department(s) shall give full force and effect to the order of the building official. "Section 111.2;Amend section 111.2 to read as follows: [A] 111.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by Ordinance No. 3607 Page 8 of 41 the department of building safety, the building official shall issue a certificate of occupancy that contains the following- 1. The permit number 2. The name and address of the occupant or structure. 3. The name and address of the building owner. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of the code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building official. 7. The use and occupancy, in accordance with the provisions of Chapter 3. 8. The type of construction as defined in Chapter 6. 9. The design occupant load. 10. If an automatic sprinkler system is provided, whether the sprinkler system is required. 11. Any special stipulations and conditions of the building permit. "Section 111.3;Amend section 111.3 to read as follows: 111.3 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely and all sanitary and life- safety requirements are installed and completed. The building official shall set a time period not to exceed 60 days in which the temporary certificate of occupancy is valid. The fire marshal or his designee shall also approve all temporary occupancies. "Section 111.4;Amend section 111.4 to read as follows: 111.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance, regulation, or law, or any provisions of the building, zoning, and health codes adopted by the City of North Richland Hills. The building official is also authorized to, in writing, to suspend or revoke a certificate of occupancy when it is determined that a building is used or occupied for activities that are not in compliance with Chapter118 of the City Code of Ordinances or used to house activities that are in violation of other local, state, and/or federal laws. Ordinance No. 3607 Page 9 of 41 Section 113; Delete entire section and replace as follows: SECTION 113 BOARD OF APPEALS 113.1 Application for appeal. Any person shall have the right to appeal a decision of the code official to the North Richland Hills Construction Board of Appeals per Sections 98-42, 98-43, and 98-185(f) of the North Richland Hills Code of Ordinances. The application for appeal shall be based on a claim that the true intent of this code or the rules adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The Construction Board of Appeals is not authorized to waive specific requirements of this code. "Section 114; Modify sections 114.1, 114.2, and 114.3, to read as follows: SECTION 114 -VIOLATIONS 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, remove, convert or demolish, equip, use, occupy or maintain any building, structure or equipment or cause or permit the same to be done in violation of this code. 114.1.1 Unsafe buildings. Failure to correct an unsafe building as provided for in Sections 110.6.1 or 116, shall constitute a violation of this code. 114.1.2 Occupancy violations. Whenever any site, building, structure or equipment therein regulated by this code or any other code is being used contrary to the provisions of this code or any other code, the building official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building official after receipt of such notice to make the site, building, structure, or portion thereof, or equipment comply with the requirements of this code. 114.1.3 Failure to comply with notice. Failure to comply with a notice shall be considered a violation of this code. 114.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. Citations for violations of this code may be issued without requiring the issuance of a notice. When a notice is issued, it is not necessary to reissue a notice prior to issuance of any further citations for the same violation. Ordinance No. 3607 Page 10 of 41 114.3 Prosecution of violation.A notice of violation issued or served as provided by this code shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the notice of violation pertains. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate legal proceedings at law or in equity to restrain, correct or abate such violation or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant hereto. "Section 116; Replace section 116.1 to read as follows: SECTION 116 - UNSAFE BUILDINGS, STRUCTURES OR EQUIPMENT 116.1 Unsafe buildings. All buildings, structures or equipment regulated by this code that are structurally unsafe or not provided with adequate egress, or that constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members that are supported by, attached to, or a part of a building and that are in deteriorated condition or otherwise unable to sustain the design loads that are specified in this code are hereby designated as unsafe building appendages. All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in this code or such alternate procedures as may have been or as may be adopted by this jurisdiction. As an alternative, the building official, or other employee or official of this jurisdiction as designated by the governing body, may institute any other appropriate action to prevent, restrain, correct or abate the violation. This may include ordering the disconnection of water and/or electrical utilities. A vacant structure that is not secured against entry shall be deemed unsafe. Materials used to secure a structure, which deteriorate or increase in susceptibility to fire hazard over time, shall be replaced or treated to eliminate the increase of the hazard. Any work covered or concealed without inspection shall be considered to constitute an unsafe structure. Such consideration as an unsafe structure shall exist every day until the work is inspected and approved as being in compliance with this code. Inspections will not be performed until a valid active permit is obtained in accordance with this code. 116.1.2 Dangerous Demolition. The Building Official may order the cessation of the wrecking or demolition of any building or structure within the City when the same is being accomplished in a reckless or careless manner or in such a manner so as to endanger Ordinance No. 3607 Page 11 of 41 life and property. When such work has been ordered stopped by the Building Official, same shall not be resumed until said official is satisfied that adequate precautions have been or will be taken for protection for life and property. To continue such work without the expressed approval of the Building Official shall constitute a violation of this ordinance, and each day that such work continues shall constitute a separate offense. "Section 202; add/replace definitions as follows: AMBULATORY CARE FACILITY. Buildings or portions thereof used to provide medical, dental, surgical, psychiatric, nursing or similar care to patients on a less than 24-hour basis to individuals who are rendered incapable of self-preservation by the services provided. This includes, but is not limited to, out-patient surgery centers, dental clinics providing sedation treatments using medications and/or nitrous oxide, dialysis centers, colonic centers, plastic surgery centers, psychiatric centers, and similar occupancies that use anesthesia, gas, medications, or other medical treatments which may render patients temporarily incapable of taking action for self-preservation without the assistance of others. ASSISTED LIVING FACILITIES. A building or part thereof housing persons, on a 24- hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment which provides personal care services. The occupants are capable of responding to an emergency situation without physical assistance from staff. ATRIUM. An opening connecting three or more stories... {Balance remains unchanged} CHANGE OF OCCUPANCY. A change in the use of a building or a portion of a building which results in one or more of the following: 1. A change of occupancy classification as described in Chapter 3 of this code. 2. A change from one group to another group within an occupancy classification as described in Chapter 3 of this code. 3. Any change in use within a group for which there is a change in application of the requirements of this code. The definition shall also apply to usage of the surrounding site and access to and from the building, structure or site, as necessary to achieve the purpose of this code, and to obtain compliance with other codes and ordinances of this jurisdiction. No building or lease space shall be allowed to change use types without meeting all the requirements of this code ELECTRICAL CODE. Electrical Code shall mean NFPA 70, the National Electrical Code, as adopted by this jurisdiction. For the purpose of this code, all references to NFPA 70 and/or the ICC Electrical Code shall be assumed to mean the Electrical Code as defined herein. Ordinance No. 3607 Page 12 of 41 ENERGY CODE. Energy Code shall mean the International Energy Code as adopted by this jurisdiction. FIRE AREA. The aggregate floor area enclosed and bounded by fire walls, fire barriers, exterior walls or horizontal assemblies of a building. Areas of the building not provided with surrounding walls shall be included in the fire area if such areas are included within the horizontal projection of the roof or floor above. For purposes of determining automatic sprinkler systems required in Chapter 9, a fire area shall be determined by the aggregate floor area enclosed and bounded by the exterior walls of a building and/or the horizontal projection of the roof. FIRE PREVENTION CODE (FIRE CODE). Fire Prevention Code, or Fire Code, shall mean the International Fire Code as adopted by this jurisdiction. FUEL GAS CODE. Fuel Gas code shall mean the International Fuel Gas Code as adopted by this jurisdiction. HIGH-RISE BUILDING. A building with an occupied floor located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access. MECHANICAL CODE. Mechanical Code shall mean the International Mechanical Code as adopted by this jurisdiction. OCCUPIABLE SPACE. A room or enclosed space designed for human occupancy in which individuals congregate for amusement, educational or similar purposes or in which occupants are engaged at labor, and which is equipped with means of egress and light and ventilation facilities meeting the requirements of this code. Any space that could be assumed to be occupiable shall not be exempt to the requirements of this code by designing the space without means of egress, light or ventilation. PLUMBING CODE. Plumbing Code shall mean the International Plumbing Code in conjunction with the International Fuel Gas Code as adopted by this jurisdiction. REPAIR GARAGE. A building, structure or portion thereof used for servicing or repairing motor vehicles. This occupancy shall also include garages involved in minor repair, modification and servicing of motor vehicles for items such as lube changes, inspections, windshield repair or replacement, shocks, minor part replacement and other such minor repairs. RESIDENTIAL CODE. Residential Code shall mean the International Residential Code for One- and Two-Family Dwellings as adopted by this jurisdiction. SPECIAL INSPECTOR. A qualified person employed or retained by an approved agency who shall prove to the satisfaction of the registered design professional in responsible charge and the Building Official as having the competence necessary to inspect a particular type of construction requiring special inspection. Ordinance No. 3607 Page 13 of 41 "Section 303.1.3; add a sentence to read as follows: 303.1.3 Associated with Group E occupancies. A room or space used for assembly purposes that is associated with a Group E occupancy is not considered a separate occupancy except when applying the assembly requirements of Chapter 10 and 11. "Section 304.1; add the following to the list of occupancies: Fire stations without sleeping areas (fire stations with sleeping areas shall be considered a B/R-2 mixed occupancy) Police stations with detention facilities for 5 or less "Section 307.1.1, item #4 and #7; changed to read as follows: 4. Cleaning establishments... {text unchanged} ...with Section 707 or 1-hour horizontal assemblies constructed in accordance with Section 711 or both. See also IFC Chapter 21, Dry Cleaning Plant provisions. 7. Refrigeration systems where the chemicals involved are in the piping, connected tanks, or overflow tanks directly connected as part of the operational system. Extra storage tanks, not directly connected as part of the operational system, are not considered part of the refrigeration system. ** Section 308.2; add use under 1-1 as follows: State of Texas, Type A Assisted Living ** Section 308.3; add two (2) uses under 1-2 as follows: State of Texas, Type B Assisted Living State of Texas, Special Care Facility ** Section 311.4; add new section to read as follows: 311.4 Building characteristics. All S-2 occupancies shall meet the same requirements as S-1 occupancies found in Tables 504.4, Table 506.2, Table 602, Table 706.4, Table 707.3.10, Section 903.2.9 and Section 903.2.9.1. ** Section 403.1, exception #3: changed to read as follows: 3. The open air portion of a building containing a Group A-5 occupancy in accordance with Section 303.6; however, this exception does not apply to Ordinance No. 3607 Page 14 of 41 accessory uses including but not limited to sky boxes, restaurants, stores, storage rooms, and similarly enclosed areas. ** Section 403.2.1, delete 403.2.1 & 403.2.1.1. "Section 403.3, exception #2; delete. "Section 403.3.2; change to read as follows: 403.3.2 Water supply to required fire pumps. In buildings that are more than 120 feet (36.5 m) in building height {Balance remains unchanged}. "Section 404.5; delete exception. "Section 406.3.3.1; Carport separation; add sentence to read as follows: A separation is not required between a Group R-2 and U carport provided that the carport is entirely open on all sides and that the distance between the two is at least 10 feet (3048 mm). "Section 406.4.2; change to read as follows: 406.4.2 Vehicle barriers. Vehicles barriers not less than 2 feet 9 inches (835 mm) in height shall be provided at all public parking garages and public parking lots where the vertical distance from the parking surface or drive lane to the ground or surface directly below is greater than 1 foot (305 mm). Vehicle barriers shall comply with the loading requirements of Section 1607.8.3. "Section 406.8; add a second paragraph to read as follows: This occupancy shall include garages involved in minor repair, modification and servicing of motor vehicles for items such as Tube changes, inspections, windshield repair or replacement, shocks, minor part replacement and other such minor repairs. "Section 422; replace sec. 422.1 to read as follows: Section 422.1 Ambulatory Care Facilities 422.1 Ambulatory Care Facilities. Occupancies classified as ambulatory care facilities where the potential for four or more care recipients who may be rendered incapable of self-preservation at any time shall comply with the provisions of Sections 422.1 through 422.7 and other applicable provisions of this code. Ambulatory health care facilities include, but are not limited to, out-patient surgery centers, dental clinics providing sedation treatments using medications and/or nitrous oxide, dialysis centers, plastic surgery centers and similar occupancies, that use anesthesia, gas, drugs, or other Ordinance No. 3607 Page 15 of 41 medical treatments which may render patients temporarily incapable of taking action for self-preservation without the assistance of others. "Section 503.1; Modify last sentence to read as follows: 503.1 General. {Main body of section to remain unchanged}...Except when determining automatic sprinkler system requirements of Section 903.2, for purposes of determining are limitations, height limitations and type of construction, each portion of a building separated by one or more fire walls complying with Section 706 shall be considered to be a separate building. "Section 503.2 and 503.3; added to read as follows: 503.2 Yards. When yards are provided for determination of exterior wall rating, exterior opening protection or increase in allowable area calculations, under this code or any previous code, they shall be maintained clear and unobstructed in accordance with their original approval, unless permitted to be removed or reduced by this code. 503.3 Fire protection systems. Any existing fire extinguishing system or fire alarm system, whether installed voluntarily or as a requirement of any previous code, shall be maintained and kept operational as required in the Fire Code. Such systems shall not be removed unless permitted to be removed or reduced by this code and the Fire Code. ** Table 506.2; modify footnote i to read as follow: i. The maximum allowable area for a single-story non-sprinkled Group U greenhouse is permitted to be 6,000 square feet. "Section 506.3.1; add sentence to read as follows: 506.3.1 Minimum percentage of perimeter. {Existing text to remain} In order to be considered as accessible, if not in direct contact with a street or fire lane, a minimum 10-foot wide pathway meeting fire department access from the street or approved fire lane shall be provided. "Section 507.3; delete entire section "Section 507.4; modify as follows 507.4 Sprinklered, one story buildings. The area of single story Group A-4, B, F, M or S building of other than Type V construction, shall not be limited where the building is provided with an automatic sprinkler system throughout in accordance with Section 903.3.1.1 and is...{remainder of section unchanged} Ordinance No. 3607 Page 16 of 41 "Section 507.5; modify as follows 507.5 Two-story buildings. The area of a Group B, F, M or S building not more than two stories above grade plane of other than Type V or Type III construction, shall not be limited where the building is provided with an automatic sprinkler system throughout in accordance with Section 903.3.1.1 and is...{remainder of section unchanged} "Section 508.3.2; add additional paragraph to read as follows: When using this option the most restrictive requirement of all the non-separated occupancy types shall apply- i. The occupancy with the most restrictive height, area and permitted increases shall apply to all occupancies. ii. When fire protection systems are required by the most restrictive occupancy, it shall apply to all occupancies. iii. The occupancy with the most restrictive exit provisions shall apply to all occupancies. iv. The occupancy with the most restrictive construction type, fire wall rating, fire barrier rating, fire partition rating, etc. shall apply to all occupancies. V. Most restrictive is applicable on an item by item basis. One (1) occupancy may be most restrictive for sprinklers, while another occupancy is most restrictive for area and height, while another occupancy is most restrictive for exits. "Table 601; replace Table 601 as follows: TABLE 601 FIRE•RESI STANCE RATING REQUIREMENTS FOR BUILDING ELEMENTS(HOURS) BUILDING ELEMENT TYPE I TYPE If TYPE III TYPE IV TYPE V A B A B A B HT A B Primary structural framer(see Section 202) 3a,b 2a,b 1b 0 1b 0 FtT 1b 0 Bearing walls.,, Extenore f includes structural framing at or near exteriors wall In Type III 3 2 t 0 2 2 2 t 0 Interior 3a ? 1 0 '1 0 11l IT 1 0 Nonbeanng walls and parli ions See Toole 602 Exterior Nonbearing walls and partitions ... 0 0 0... 0 0.... 0 See.. 0 0... Interior4 Section 2304.11.2 Floor construction and associated secondary members 2 2 1 0 0 HT 1 0 (see Section 202) Roof conshuctlon and associated...secondary nierribers. 1 b .br... pac r bc.. .....he (see Section 202) 1 fw 1 1 0 I 0 d iT 1 rop„rC 1 foot=30498 rani. a hoof suppovfs Fire-reswslanca ratings of pnrmnaiy shuctuual fi ame and leeackrwa cwalus me trerowled to rx reducewd ony I hourwheae+sugppos Ming a roof only.. b, eyrtenn in Groµa F-1,H,M and S-1 occupancies,fire protection of structural members on roofconslructon shall not be required,Including proteckton of prornaty stuctarW frame members,roof framing and decking vehere every pact of the roof construction is 20 feel or nrore above any floor Immediately befeiv,Fire-relardavol-teeated mad members sha0 be Vowed to be used for Such unpriAeclerd nne rube. c, In all occupancies,heavy timber complying verth Section 2304.11 shall be allowed vehere a't-hour or Bess fire-resistance rating is required. d. NO less than the fire-resrtlarce uning requilec by other srxbons of¢Maus,Cl'de. e, Nrd Ix?.cre thin t¢m 4ira.,rew.farrx+r:nfll nrj t veei rsn 4wrry pn raPinr it.4 nncp(rwae T4v{p 0rg7j f.riot less ti an tiro;fire-reso stance ratdrvg as rch.revroaecfl in Sesctuon 7b4.1 tD. Ordinance No. 3607 Page 17 of 41 "Section 602.1.1; add sentence to read as follows: 602.1.1 Minimum Requirements. {Existing text to remain unchanged}. Where a building contains more than one distinct type of construction, the building shall comply with the most restrictive area, height, and stories for the lesser type of construction or be separated by fire walls. "Section 705.5 Replace section to read as follows: 705.5 Fire-resistance ratings. Exteriorwalls shall be fire-resistance rated in accordance with Tables 601 and 602 and this section. Fire-resistance ratings of all exterior walls required to be fire rated shall be rated for exposure to fire from both sides. "Section 706.1; add second paragraph to read as follows: Required fire walls shall be installed at the time of new construction and shall not wait for tenant layout locations. "Section 706.1.1 Party walls; delete exception #2. "Section 708.4.2; change exception #1 to read as follows: 708.4.2 Fireblocks and draftstops in combustible construction. {Body of text unchanged} Exceptions: 1. Buildings equipped with an automatic sprinkler system installed throughout in accordance with Section 903.3.1.1, or in accordance with Section 903.3.1.2 provided that sprinkler protection is provided in the space between the top of the fire partition and the underside of the floor or roof sheathing, deck or slab above as required for systems complying with Section 903.3.1.1. Portions of buildings containing concealed spaces filled with noncombustible insulation as permitted for sprinkler omission shall not apply to this exception for draftstopping. [Remainder unchanged] "Section 712.1.9, change item 5 to read as follows: 4. Is not open to a corridor in Group I, R and H occupancies. "Section 718.3; change sentence to read as follows: 718.3 Draftstopping in floors. {Body of text unchanged} Exception: Buildings equipped throughout with an automatic sprinkler system in Ordinance No. 3607 Page 18 of 41 accordance with Section 903.3.1.1. and provided that in combustible construction, sprinkler protection is provided in the floor space. "Section 718.4; change sentence to read as follows: 718.4 Draftstopping in attics. {Body of text unchanged} Exception: Buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 and provided that in combustible construction, sprinkler protection is provided in the attic space. "Section 901.6.1.1 Standpipe Testing; add section to read as follows: 901.6.1.1 Standpipe Testing. Building owners/managers must utilize a licensed fire protection contractor to test and certify standpipe systems. In addition to the testing and maintenance requirements of NFPA 25 applying to standpipe systems, the following additional requirements shall be applied to the testing that is required every 5 years- 1. The piping between the Fire Department Connection (FDC) and the standpipe shall be hydrostatically tested for all FDC's on any type of standpipe system. Hydrostatic testing shall also be conducted in accordance with NFPA 25 requirements for the different types of standpipe systems. 2. For any manual (dry or wet) standpipe system not having an automatic water supply capable of flowing water through the standpipe, the contractor shall connect hose from a fire hydrant or portable pumping system (as approved by the fire code official) to each FDC, and flow water through the standpipe system to the roof outlet to verify that each inlet connection functions properly. There is no required pressure criteria at the outlet. Verify that check valves function properly and that there are no closed control valves on the system. 3. Any pressure relief, reducing, or control valves shall be tested in accordance with the requirements of NFPA 25. 4. If the FDC is not already provided with approved caps, the contractor shall install such caps for all FDC's. Contact the Fire Marshal for additional information. 5. Upon successful completion of standpipe test, the contractor shall place a blue tag (as per"Texas Administrative Code, Title 28. Insurance, Part I. Texas Department of Insurance, Chapter 34. State Fire Marshal, Subchapter G. Fire Sprinkler Rules, 28 TAC § 34.720. Inspection, Test and Maintenance Service (ITM) Tag") at the bottom of each standpipe riser in the building. An example of this tag is located at the end of this SOP. The tag shall be check-marked as "Fifth Year"for Type of ITM, and the note on the back of the tag shall read "5 Year Standpipe Test"at a minimum. Ordinance No. 3607 Page 19 of 41 6. The contractor shall follow the procedures as required by "Texas Administrative Code, Title 28. Insurance, Part I. Texas Department of Insurance, Chapter 34. State Fire Marshal, Subchapter G. Fire Sprinkler Rules, 28 TAC" with regard to Yellow Tags and Red Tags or any deficiencies noted during the testing, including the required notification of the local Authority Having Jurisdiction (Fire Marshal). 7. Additionally, records of the testing shall be maintained by the owner and contractor, as required by the State Rules mentioned above and NFPA 25. 8. Standpipe system tests where water will be flowed external to the building shall not be conducted during freezing conditions or during the day prior to expected night time freezing conditions. 9. Contact the Fire Marshal for requests to remove existing fire hose from Class II and III standpipe systems where employees are not trained in the utilization of this fire fighting equipment. All standpipe hose valves must remain in place and be provided with an approved cap and chain when approval is given to remove hose by the fire code official. **Section 903.1.1; change to read as follows: 903.1.1 Alternative protection. Alternative automatic fire-extinguishing systems complying with Section 904 shall be permitted in addition to automatic sprinkler protection where recognized by the applicable standard, or as approved by the fire code official. ** Section 903.1.2; change to read as follows: 903.1.2 Residential systems. Unless specifically allowed by this code, residential sprinkler systems installed in accordance with NFPA 13D or NFPA 13R shall not be recognized for the purposes of exceptions or reductions, commonly referred to as "trade- offs," permitted by other requirements of this code. All residential sprinkler systems installed in accordance with NFPA 13R must include attic sprinkler protection. **Section 903.2; add paragraph to read as follows and delete the exception: Automatic Sprinklers shall not be installed in elevator machine rooms, elevator machine spaces, and elevator hoistways, other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. Storage shall not be allowed within the elevator machine room. Signage shall be provided at the entry doors to the elevator machine room indicating "ELEVATOR MACHINERY — NO STORAGE ALLOWED." Ordinance No. 3607 Page 20 of 41 "Section 903.2.2; modify item #1 to read as follows: 1. When the ambulatory care facility has the capacity to render four or more care recipients incapable of self-preservation (including but not limited to dentist offices with four or more patient chairs). ** Section 903.2.8; replace to read as follows: 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area. Exception: 2. One and two-family dwellings regulated by the IRC and which have been preempted from sprinkler requirements by state statute. "Section 903.2.9.1; replace section to read as follows: 903.2.9.1 Repair Garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406, as shown: 1. Buildings, including basements, containing a repair garage with afire area exceeding 5,000 square feet. 2. Buildings with a repair garage servicing vehicles parked in the basement. "Section 903.2.9.3; change to read as follows: 903.2.9.3. Self-service storage facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities. Exception: One-story self-service storage facilities that have no interior corridors, with a one-hour fire barrier wall installed between every storage compartment. "Section 903.2.11; change 903.2.11.3 and add 903.2.11.7, 903.2.11.8 and 903.2.11.9. as follows: 903.2.11.3 Buildings 35 feet or more in height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Section 1510 of the International Building Code that is located 35 feet or more above the lowest level of fire department vehicle access. Exception: Open parking structures in compliance with Section 406.5 of the International Building Code having no other occupancies above the subject garage. Ordinance No. 3607 Page 21 of 41 903.2.11.7 High-Piled Combustible Storage. For any building with a clear height exceeding 12 feet (4572 mm), see IFC Chapter 32 to determine if those provisions apply. 903.2.11.8 Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system. 903.2.11.9 Buildings Over 6,000 sq. ft. An automatic sprinkler system shall be installed throughout all buildings with a building area 6,000 sq. ft. or greater and in all existing buildings that are enlarged to be 6,000 sq. ft. or greater. For the purpose of this provision, fire walls shall not define separate buildings. Exception: Open parking garages in compliance with Section 406.5 of the International Building Code. "Section 903.3.1.1.1; replace section to read as follows: 903.3.1.1.1 Exempt locations. When approved by the fire code official, automatic sprinklers shall not be required in the following rooms or areas where such . . . {bulk of section unchanged} . . . because it is damp, of fire-resistance-rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the code official. 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance rating of not less than 2 hours. 4. Elevator machine rooms, machinery spaces, and hoistways, other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. "Section 903.3.1.2.3; delete sections and replace as follows: [F] Section 903.3.1.2.3 Attached Garages and Attics. Sprinkler protection is required in attached garages, and in the following attic spaces- 1. {Remainder Unchanged} 2. {Remainder Unchanged} 3. Attic spaces of buildings that are two or more stories in height above grade plane or above the lowest level of fire department vehicle access. 4. Group R-4, Condition 2 occupancy attics not required by Item 1 or 3 to have sprinklers shall comply with the following: {Remainder Unchanged} Ordinance No. 3607 Page 22 of 41 "Section 903.3.1.3; replace section as follows: [F] 903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in one- and two-family dwellings; Group R-3; and R-4 Condition 1; and townhouses shall be permitted to be installed throughout in accordance with NFPA 131D or in accordance with state law. When automatic sprinkler systems are omitted from one and two-family dwellings in accordance with state law, the builder shall file with the county a notarized affidavit indicating that they have chosen to defer to Section 1301.551 of the Texas Occupations Code rather than the requirements of Section 903.2.8 of the 2018 IBC and/or Section R313 of the 2018 IRC. A copy of the filed affidavit shall be provided to the building official prior to occupancy. "Section 903.3.1.4; add to read as follows: [F] 903.3.1.4 Freeze protection. Freeze protection systems for automatic fire sprinkler systems shall be in accordance with the requirements of the applicable referenced NFPA standard and this section. 903.3.1.4.1 Attics. Only dry-pipe, preaction, or listed antifreeze automatic fire sprinkler systems shall be allowed to protect attic spaces. Exception: Wet-pipe fire sprinkler systems shall be allowed to protect non- ventilated attic spaces where- 1. The attic sprinklers are supplied by a separate floor control valve assembly to allow ease of draining the attic system without impairing sprinklers throughout the rest of the building, and 2. Adequate heat shall be provided for freeze protection as per the applicable referenced NFPA standard, and 3. The attic space is a part of the building's thermal, or heat, envelope, such that insulation is provided at the roof deck, rather than at the ceiling level. 903.3.1.4.2 Heat trace/insulation. Heat trace/insulation shall only be allowed where approved by the fire code official for small sections of large diameter water- filled pipe. "Section 903.3.5; add a second paragraph to read as follows: [F] Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a 10 psi safety factor. Reference Section IFC 507.4 for additional design requirements Ordinance No. 3607 Page 23 of 41 **Section 903.4 Sprinkler system supervision and alarms; add a second paragraph after the exceptions to read as follows: [F] Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. **Section 903.4.2 Alarms; add second paragraph to read as follows: [F] The alarm device required on the exterior of the building shall be a weatherproof horn/strobe notification appliance with a minimum 75 candela strobe rating, installed as close as practicable to the fire department connection. **Add Section 903.6 to read as follows: 903.6 Spray booths and rooms. New and existing spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system in accordance with IFC Section 1504. **Section 904.13.1; Replace section to read as follows: [F] 904.13.1 Domestic cooking systems. Cooktops and ranges shall be protected in accordance with Section 904.13.1.1. Exception: Cooktops and ranges located in individual dwellings units shall be equipped with recirculating or exterior discharge vent hoods and shall be equipped with passive or active fire suppression as approved by the building official. **Section 904.13.1.1; Change to read as follows: [F] 904.13.1.1 Automatic fire-extinguishing system. A domestic exterior vented cooking hood shall be provided over the cooktop or range, and shall be equipped with an approved automatic fire-extinguishing system in accordance with the manufacturer's instructions and Section 507.2.3 of the mechanical code {remainder of section unchanged}. **Section 905.2; change to read as follows: 905.2 Installation standards. Standpipe system shall be installed in accordance with this section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm. Ordinance No. 3607 Page 24 of 41 **Section 905.3.2; delete exceptions #1 and#2. **Add Section 905.3.9: Building Area. 905.3.9: Building Area. In buildings exceeding 10,000 square feet in area per story, Class I automatic wet or manual wet standpipes shall be provided where any portion of the building's interior area is more than 200 feet (60960 mm) of travel, vertically and horizontally, from the nearest point of fire department vehicle access. Exception: Automatic dry and semi-automatic dry standpipes are allowed as provided for in NFPA 14. **Section 905.4, change item 1, 3, and 5, and add item 7 to read as follows: 1. In every required interior exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at the main floor landing between stories, unless otherwise approved by the fire code official. 2. {No change} 3. In every exit passageway, at the entrance from the exit passageway to other areas of a building. Exception: Where floor areas adjacent to an exit passageway are reachable from an interior exit stairway hose connection by a {No change to remainder}. 4. {No change} 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3- percent slope), each standpipe shall be provided with a two-way hose connection shall be located to serve the roof or at the highest landing of an interior exit stairway with stair access to the roof provided in accordance with Section 1011.12. 6. {No change} 7. When required by this Chapter, standpipe connections shall be placed adjacent to all required exits to the structure and at two hundred feet (200') intervals along major corridors thereafter, or as otherwise approved by the fire code official. **Section 905.9; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. Ordinance No. 3607 Page 25 of 41 **Add section 907.1.4 to read as follows: [F] 907.1.4 Design standards. All alarm systems new or replacement shall be addressable. Alarm systems serving more than 20 smoke detectors shall be analog addressable. Exception: Existing systems need not comply unless the total building remodel or expansion initiated after the effective date of this code, as adopted, exceeds 30% of the building. When cumulative building remodel or expansion exceeds 50% of the building must comply within 18 months of permit application. **Section 907.2.1; change to read as follows: [F] 907.2.1 Group A. A manual fire alarm system that activates the occupant notification system in accordance with new Section 907.6 shall be installed in Group A occupancies having an occupant load of 300 or more persons, or where the occupant load is more than 100 persons above or below the lowest level of exit discharge. Group A occupancies not separated from one another in accordance with Section 707.3.10 of the International Building Code shall be considered as a single occupancy for the purposes of applying this section. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for the Group E occupancy. Exception: {unchanged} Activation of fire alarm notification appliances shall- 1. Cause illumination of the means of egress with light of not less than 1 foot-candle (11 lux) at the walking surface level, and 2. Stop any conflicting or confusing sounds and visual distractions. ** Section 907.2.3; change to read as follows: [F] 907.2.3 Group E. A manual fire alarm system that initiates the occupant notification signal utilizing an emergency voice/alarm communication system meeting the requirements of Section 907.5.2.2 and installed in accordance with Section 907.6 shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of 100' open space, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. Ordinance No. 3607 Page 26 of 41 ** Section 907.2.3; change exception #1 and add exception #1.1 to read as follows: Exceptions: 1. A manual fire alarm system is not required in Group E educational and day care occupancies with an occupant load of 30 or less when provided with an approved automatic sprinkler system. 1.1. Residential In-Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2 1/2 or less years of age, see Section 907.2.6.) ** Section 907.2.12, exception #3; change to read as follows: 3. Open air portions of buildings with an occupancy in group A-5 in accordance with Section 303.1 of the International Building Code; however, this exception does not apply to accessory uses including, but not limited to, sky boxes, restaurants and similarly enclosed areas. ** Section 907.4.2 Manual fire alarm boxes to read as follows: [F] {Text unchanged}......Sections 907.4.2.1 through 907.4.2.7 **Add Section 907.4.2.7 to read as follows: 907.4.2.7 Type. Manual alarm initiating devices shall be an approved double action type. **Add Section 907.6.1.1 to read as follows: 907.6.1.1 Wiring Installation. All fire alarm systems shall be installed in such a manner that a failure of any single initiating device or single open in an initiating circuit conductor will not interfere with the normal operation of other such devices. All signaling line circuits (SLC) shall be installed in such a way that a single open will not interfere with the operation of any addressable devices (Class A). Outgoing and return SLC conductors shall be installed in accordance with NFPA 72 requirements for Class A circuits and shall have a minimum of four feet separation horizontal and one foot vertical between supply and return circuit conductors. The initiating device circuit (IDC)from an addressable input (monitor) module may be wired Class B, provided the distance from the addressable module to the initiating device is ten feet or less. ** Section 907.6.3; delete all four Exceptions. **Add Section 907.6.6 add sentence at end of paragraph to read as follows: See 907.6.3 for the required information transmitted to the supervising station. Ordinance No. 3607 Page 27 of 41 ** Section 910.2; change Exception 2 and 3 to read as follows: 2. Only manual smoke and heat removal shall be required in areas of buildings equipped with early suppression fast-response (ESFR) sprinklers. Automatic smoke and heat removal is prohibited. 3. Only manual smoke and heat removal shall be required in areas of buildings equipped with control mode special application sprinklers with a response time index of 50(m*S)1/2 or less that are listed to control a fire in stored commodities with 12 or fewer sprinklers. Automatic smoke and heat removal is prohibited. **Section 910.2; add subsections 910.2.3 with exceptions to read as follows: 910.2.3 Group H. Buildings and portions thereof used as a Group H occupancy as follows: 1. In occupancies classified as Group H-2 or H-3, any of which are more than 15,000 square feet (1394 m2) in single floor area. Exception: Buildings of noncombustible construction containing only noncombustible materials. 2. In areas of buildings in Group H used for storing Class 2, 3, and 4 liquid and solid oxidizers, Class 1 and unclassified detonable organic peroxides, Class 3 and 4 unstable (reactive) materials, or Class 2 or 3 water-reactive materials as required for a high-hazard commodity classification. Exception: Buildings of noncombustible construction containing only noncombustible materials. **Section 910.3; add section 910.3.4 to read as follows: 910.3.4 Vent Operation. Smoke and heat vents shall be capable of being operated by approved automatic and manual means. Automatic operation of smoke and heat vents shall conform to the provisions of Sections 910.3.2.1 through 910.3.2.3. 910.3.4.1 Sprinklered buildings. Where installed in buildings equipped with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically. The automatic operating mechanism of the smoke and heat vents shall operate at a temperature rating at least 100 degrees Fahrenheit (100°F) (38 degrees Celsius) greater than the temperature rating of the sprinklers installed. Exception: Manual only systems per Section 910.2. 910.3.4.2 Nonsprinklered Buildings. Where installed in buildings not equipped with an approved automatic sprinkler system, smoke and heat vents shall operate automatically Ordinance No. 3607 Page 28 of 41 by actuation of a heat-responsive device rated at between 100°F (38°C) and 220OF (104°C) above ambient. Exception: Listed gravity-operated drop out vents. "Section 910.4.3.1; change to read as follows: 910.4.3.1 Makeup Air. Makeup air openings shall be provided within 6 feet (1829 mm) of the floor level. Operation of makeup air openings shall be manual or automatic. The minimum gross area of makeup air inlets shall be 8 square feet per 1,000 cubic feet per minute (0.74 m2 per 0.4719 m3/s) of smoke exhaust. "Section 912.2;Add Section 912.2.3 to read as follows: 912.2.3 Hydrant distance. An approved fire hydrant shall be located within 100 feet of the fire department connection as the fire hose lays along an unobstructed path. "Section 913.2.1; add section 913.2.1.1 and exception to read as follows: 913.1 Fire Pump Room Access. When located on the ground level at an exterior wall, the fire pump room shall be provided with an exterior fire department access door that is not less than 3 ft. in width and 6 ft. — 8 in. in height, regardless of any interior doors that are provided. A key box shall be provided at this door, as required by Section 506.1 of the International Fire Code. Exception: When it is necessary to locate the fire pump room on other levels or not at an exterior wall, the corridor leading to the fire pump room access from the exterior of the building shall be provided with equivalent fire resistance as that required for the pump room. Access keys shall be provided in the key box as required by Section 506.1 of the International Fire Code. "Section 1004.5; Delete exception #1 "Section 1006.2.2.7; add Section 1006.2.2.7 as follows: 1006.2.2.7 Electrical Rooms. For electrical rooms, special exiting requirements may apply. Reference the electrical code as adopted. "Section 1009.1; add the following Exception 3: Exceptions: {previous exceptions unchanged} Ordinance No. 3607 Page 29 of 41 3. Buildings regulated under State Law and built in accordance with State registered plans, including any variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of Section 1007. ** Section 1009.2.1; add sentence at the beginning of section to read as follows: 1009.2.1 Elevators required. Elevators shall be installed in buildings where an occupied floor is two or more stories above or below a level of exit discharge. {remainder unchanged} {Exceptions deleted} *Section 1009.8; add the following Exception 7: 1009.8 Two Way Communication. A two-way communication system complying with Sections 1009.8.1 and 1009.8.2 shall be provided at the landing serving each elevator required to be accessible on each accessible floor that is one or more stories above or below the level of exit discharge. Exceptions: 7. Buildings regulated under State Law and built in accordance with State registered plans, including variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of Section 1009 and chapter 11. **Section 1010.1; add additional sentence to first paragraph to read as follows: 1010.1 Doors. {previous section unchanged} Where additional doors are provided, and in the opinion of the building official could be assumed by occupants to be for egress purposes, they shall conform to the requirements of this section. **Section 1010.1.9.4; add the following to the beginning of the first sentence: 1010.1.9.4 Locks and latches. When approved by the building official {remainder of section unchanged} **Section 1010.1.9.5; amend exceptions 3 and 4 as follows: Exceptions: 3. Where a pair of doors serves an occupant load of less than 50 persons in a Group B, F, M or S occupancy. {Remainder unchanged} 4. Where a pair of doors serves a Group A, B, F, M or S occupancy. {Remainder unchanged} Ordinance No. 3607 Page 30 of 41 "Section 1010.1.9.9; amend to add item #8 as follows: 8. Egress access control systems shall be made retroactive in existing buildings within one year upon discovery and notification by fire marshal; or shall be made retroactive and included in the work of any subsequent building permits to alter, expand or remodel. "Section 1010.1.9.10; amend to add items #7-11 as follows: 7. The doors shall be arranged to unlock from a manual unlocking device located 40 inches to 48 inches (1016 mm to 1219 mm) vertically above the floor and within 5 feet (1524 mm) of the secured doors. Ready access shall be provided to the manual unlocking device and the device shall be clearly identified by a sign that reads "PUSH TO EXIT." When operated, the manual unlocking device shall result in direct interruption of power to the lock-independent of the access control system electronics-and the doors shall remain unlocked for a minimum of 30 seconds. 8. Activation of the building fire alarm system, if provided, shall automatically unlock the doors, and the doors shall remain unlocked until the fire alarm system has been reset. 9. Activation of the building automatic sprinkler or fire detection system, if provided, shall automatically unlock the doors. The doors shall remain unlocked until the fire alarm system has been reset. 10. Entrance doors in buildings with an occupancy in Group A, B, E or M shall not be secured from the egress side during periods that the building is open to the general public. 11 . Egress access control systems shall be made retroactive in existing buildings within one year upon discovery and notification by fire marshal; or shall be made retroactive and included in the work of any subsequent building permits to alter, expand or remodel. ** Section 1011.7.2; add sentence to end of paragraph to read as follows: {paragraph to remain unchanged} Exterior stairs shall be provided with a means to restrict the entry from freezing of precipitation. Landings, stairs, and floor levels, shall be weatherproofed and equipped with a storm drainage system as approved by the building official. "Section 1016.3; add new section 1016.3 to read as follows: 1016.3 Electrical Rooms. For electrical rooms, special exiting requirements may apply. Reference the electrical code as adopted. Ordinance No. 3607 Page 31 of 41 **Section 1020.1 Construction; add exception 6 to read as follows: 6. In existing group B occupancies of 100 occupants or less that do not contain a fire sprinkler system, corridor walls and ceilings need not be of fire-resistive construction within a single tenant space when the space is equipped with approved automatic smoke-detection within the corridor and other areas designated by the Building Official and Fire Marshal. The actuation of any detector must activate self-annunciating alarms audible in all areas within the corridor. Smoke detectors must be connected to an approved automatic fire alarm system where such system is provided. ** Section 1022.2.; add sentence to end of paragraph to read as follows: Exits shall be generally evenly distributed throughout the space and/or building or as otherwise approved by the building official. ** Section 1027.4.1; add section as follows: 1027.4.1 Any stairway at the end of an open ended corridor that is pulled into the building shall be considered an exterior stair if in compliance with all of the following provisions- 1. When using switchback stairs, such that the outside edge of the outside landing is no more than 5 feet inside the exterior walls as determined by the building official. 2. When using straight run stairs, individually or in conjunction with a switchback stair, such that the bottom riser is no more than 5 foot inside the exterior walls as determined by the building official. **Section 1030.1; amend to read as follows: 1030.1 General. In addition to the means of egress required by this chapter, emergency escape and rescue openings shall be provided in all Group R and I-1 occupancies in addition to and in accordance with Tables 1006.3.3(1) and 1006.3.3(2). {Delete items #1 and#21 Basements and sleeping rooms below the fifth story above grade plane {Remainder unchanged} Exceptions: {Delete Exceptions 1 and 41 {Exceptions 2 & 3 unchanged} Ordinance No. 3607 Page 32 of 41 "Section 1101.1; add an exception to read as follows: Exception: Components of projects regulated and registered with the Architectural Barriers Division of the Texas Department of Licensing and Regulation shall be deemed to be in compliance with the requirements of this Chapter. "Section 1104.4; modify exception #1 to read as follows: 1. In buildings with less than three stories, an accessible route shall {remainder of section unchanged} ** Section 1209.2.2, exception #2; changed to read as follows: 2. Toilet rooms that are accessed only through a private office, not for common or public use and which have not more than one water closet; provided that walls around urinals comply with the minimum surrounding material specified by the Plumbing Code. ** Section 1404.2; add a second paragraph to read as follows: All wood or other products exposed to the weather shall be painted or treated with an approved treatment, or shall possess a natural or inherent protection method. "Table 1505.1; delete footnote c and replace footnote b with the following: b. Non-classified roof coverings shall be permitted on buildings of U occupancies having not more than 120 sq. ft. of protected roof area. When exceeding 120 sq. ft. of protected roof area, buildings of U occupancies may use non-rated non- combustible roof coverings. C. {deleted} "Section 1507.10.1; add an exception to read as follows: Exception: Engineered roofs designed to provide adequate drainage after the long-time deflection from dead loads or designed to support maximum loads, including possible ponding of water from any source, including snow, due to deflection, may have a design slope of a minimum of one-eight unit vertical in 12 units horizontal (1-percent slope). ** Section 1511.3.1.1; add an item exception #4 to read as follows: 4. Where it has not been demonstrated that the roof structure is sufficient to sustain the weight of the additional dead load of the new roofing. ** Section 1511.4; modify section as follows: Ordinance No. 3607 Page 33 of 41 1511.4 Roof recovering. Where the application of a new roof covering creates a combustible concealed space, the entire existing surface shall be covered with gypsum board, mineral fiber, glass fiber or other approved materials securely fastened in place. ** Sections 1511.7, 1511.8 and 1511.9; added to read as follows: 1511.7 Maintain existing provisions. When reroofing, or repairing existing roofing, the installer is required to insure the following items are maintained- 1. Existing roof drains and drainage systems are maintained clear an unobstructed. When in the opinion of the Building Official the existing drainage system appears inadequate, the system shall be re-evaluated and when necessary required to comply with the provisions for new construction. 2. Fire-retardant requirements are maintained. 1511.8 Attic space. Construction of a sloped or flat roof over an existing roof in a manner that creates an attic or a concealed space shall require the removal of any existing roofing material, composed of tar, asphalt or roof insulation, from the newly created attic space. 1511.9 Inspections. When a permit is required, a final inspection and approval shall be obtained from the Building Official when the re-roofing or installation of new roof is complete. **Section 1610.2; add a paragraph to read as follows: Wood retaining walls supporting a surcharge of more than two (2) feet in height shall be prohibited. ** Section 1612.1; changed to read as follows: 1612.1 General. Within flood hazard areas as established in other City ordinances Section 1612.3, all new construction of buildings, structures and portions of buildings and structures, including substantial improvements and restoration of substantial damage to buildings and structures, shall be designed and constructed to resist the effects of flood hazards and flood loads in accordance with applicable provisions adopted by the Department of Public Works. For buildings that are located in more than one flood hazard area, the provisions associated with the most restrictive flood hazard area shall apply. At the discretion of the Director of Public Works, or his authorized representative, any or all of the provisions of this section may be used. ** Section 1612.3; insert name of jurisdiction of the Flood Insurance Study as the City of North Richland Hills, most recent version.. Ordinance No. 3607 Page 34 of 41 **Section 1803.7; added to read as follows: 1803.7 Hazards. Whenever the building official determines that any excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the building official, shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this code. ** Section 1804.4.1; add section to read as follows: 1804.4.1 Lot drainage. All lots in which construction has been authorized are subject to the Clean Water Act and the National Pollutant Discharge Elimination System (NPDES) storm water protection program implemented by the Texas Commission of Environmental Quality (TCEQ). Sites shall be adequately protected against surface water runoff with appropriate erosion control methods. Protection methods may include, but are not limited to the use of silt fences, erosion control blankets, or other approved means. Construction sites are subject to storm water pollution inspections at any time during normal business hours. ** Section 1808.10; added to read as follows: 1808.10 Minimum distance of swimming pools from foundations. Swimming pools may not be closer to a building foundation than one horizontal foot at finish grade for every vertical foot of swimming pool depth. Exception: Systems designed by an engineer registered in the State of Texas. **Add Section 2308.2.7 to read as follows: 2308.2.7 Application to engineered design. When accepted by the Building Official, any portion of this section is permitted to apply to buildings that are otherwise outside the limitations of this section provided that- 1. The resulting design will comply with the requirements specified in Chapter 16; 2. The load limitations of various elements of this section are not exceeded; and 3. The portions of this section which will apply are identified by an engineer in the construction documents. ** Section 2603.4; change to read as follows: 2603.4 Thermal barrier. Except as provided for in Section 2603.4.1, foam plastic shall be separated from the interior {remainder of section unchanged}. Ordinance No. 3607 Page 35 of 41 ** Section 2603.4.1.6; change to read as follows: 2603.4.1.6 Attics and crawl spaces. Within an attic or crawl space, all foam plastic insulation shall be protected against ignition by an approved ignition barrier, ignition barrier coating, thermal barrier, thermal barrier coating, 1-1/2 inch-thick (38 mm) mineral fiber insulation...{remainder of section unchanged}. Attics with headroom exceeding 36 inches in height that contain doors, pull-down or permanent stairs, shall be assumed to contain limited storage, requiring all foam plastic insulation to protected against ignition by an approved thermal or ignition barrier. **Section 2603.10; add additional sentence to read as follows: 2603.10 Special approval. {existing paragraph to remain}. Attics with headroom exceeding 36 inches in height that contain doors, pull-down or permanent stairs, shall be assumed to contain limited storage requiring all foam plastic insulation to protected against ignition by an approved thermal or ignition barrier. **Section 2901.1; add a sentence to read as follows: [P]2901.1 Scope. {existing text to remain} The provisions of this Chapter are meant to work in coordination with the provisions of Chapter 4 of the International Plumbing Code. Should any conflicts arise between the two chapters, the Building Official shall determine which provision applies. **Section 2902.1; add a second paragraph to read as follows: In other than E Occupancies, the minimum number of fixtures in Table 2902.1 may be lowered, if requested in writing, by the applicant stating reasons for a reduced number and approved by the Building Official. **Table 2902.1; change footnote f to read as follows: f. Drinking fountains are not required in M Occupancies with an occupant load of 100 or less, B Occupancies with an occupant load of 25 or less, and for dining and/or drinking establishments. **Section 2902.1.4; add new Section 2902.1.4 to read as follows: 2902.1.3 Additional fixtures for food preparation facilities. In addition to the fixtures required in this Chapter, all food service facilities shall be provided with additional fixtures set out in this section. 2902.1.3.1 Hand washing lavatory.At least one hand washing lavatory shall be provided for use by employees that is accessible from food preparation, food dispensing and ware washing areas. Additional hand washing lavatories may be required based on convenience of use by employees. Ordinance No. 3607 Page 36 of 41 2902.1.3.2 Service sink. In new or remodeled food service establishments, at least one service sink or one floor sink shall be provided so that it is conveniently located for the cleaning of mops or similar wet floor cleaning tool and for the disposal of mop water and similar liquid waste. The location of the service sink(s) and/or mop sink(s) shall be approved by the North Richland Hills Consumer Health Department. **Section 2903; add new section to read as follows: 2903 Access to toilet facilities in food service establishments. Food service establishments that provide for the on-premises consumption of food shall be equipped with separate toilet facilities for each sex. Access to toilet facilities must be from inside the food service facility and access may not be through the food preparation area. **Section 3001.1; Modify section to read as follows: 3001.1 Scope. Elevators shall be required in all buildings exceeding two stories above grade plane. This chapter governs the design, construction, installation...{remainder unchanged}. **Section 3001.2; delete this section. ** Section 3001.6; added to read as follows: 3001.6 General. The owner shall be responsible for the safe operation and maintenance of each elevator, dumbwaiter, escalator or moving walk installation and shall cause periodic inspections, tests and maintenance to be made on such conveyances. **Section 3002.1 Hoistway Enclosure Protection required. Add exceptions to Section 3002.1 as follows: Exceptions: 1. Elevators completely located within atriums shall not require hoistway enclosure protection. 2. Elevators in open or enclosed parking garages that serve only the parking garage, shall not require hoistway enclosure protection. **Section 3005.4; revised first sentence to read as follows: 3005.4 Machine rooms, control rooms, machinery spaces and control spaces. Elevator machine rooms, control rooms, control spaces and machinery spaces shall be enclosed with fire barriers constructed in accordance with Section 707 or horizontal assemblies constructed in accordance with Section 711, or both. {Remainder unchanged} Ordinance No. 3607 Page 37 of 41 "Section 3005.4; Delete exceptions and add two new exceptions to Section 3005.4 as follows: Exceptions: 1. Elevator machine rooms, control rooms, machinery spaces and control spaces completely located within atriums shall not require enclosure protection. 2. Elevator machine rooms, control rooms, machinery spaces and control spaces in open or enclosed parking garages that serve only the parking garage, shall not require enclosure protection. "Section 3005.7 add a Section 3005.7 as follows: 3005.7 Fire Protection in Machine rooms, control rooms, machinery spaces and control spaces. 3005.7.1 Automatic sprinkler system. The building shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1, except as otherwise permitted by Section 903.3.1.1.1 and as prohibited by Section 3005.7.2.1. 3005.7.2.1 Prohibited locations. Automatic sprinklers shall not be installed in machine rooms, elevator machinery spaces, control rooms, control spaces and elevator hoistways. 3005.7.2.2 Sprinkler system monitoring. The sprinkler system shall have a sprinkler control valve supervisory switch and water-flow initiating device provided for each floor that is monitored by the building's fire alarm system. 3005.7.3 Water protection. An approved method to prevent water from infiltrating into the hoistway enclosure from the operation of the automatic sprinkler system outside the elevator lobby shall be provided. 3005.7.4 Shunt trip. Means for elevator shutdown in accordance with Section 3005.5 shall not be installed. "Section 3005.8; add Section 3005.8 as follows: 3005.8 Storage. Storage shall not be allowed within the elevator machine room, control room, machinery spaces and or control spaces. Provide approved signage at each entry to the above listed locations stating: "No Storage Allowed." "Section 3006.2, Hoistway opening protection required; Revise text as follows: 5. The building is a high rise and the elevator hoistway is more than 55 feet (16 764 mm) in height. The height of the hoistway shall be measured from the lowest floor at or above grade to the highest floors served by the hoistway." Ordinance No. 3607 Page 38 of 41 ** Section 3201.1; add a sentence to read as follows: Encroachments shall not be allowed without written permission by the City of North Richland Hills Public Works Director or designee. ** Section 3202.4;Add additional sentence to read as follows: 3204.4 Temporary encroachments. {existing section unchanged}. Temporary encroachments of public rights-of-way shall only be allowed where approved by the City of North Richland Hills Public Works Director or designee. SECTION & THAT Section 98 of Appendix A, Fee Schedule, of the North Richland Hills Code of Ordinances be amended to read as follows: **Modify TABLE 1(b) as follows: Multifamily Remodel* $39.00 plus $0.40 per square foot of remodeled floor area **Add items 32(a), 32(b) and 33 to Table 2 as follows: TABLE 2 MISCELLANIEOUS BUILDING PERMIT FEES 32. a. Residential Re-Roof w/Deck Replacement $39.00 +$0.03 per square feet b. Commercial Re-Roof $39.00 +$0.01 per square feet 33. Window Replacement (4 or more) $8.00 per window **Revise text in "New Single-Family or Townhome Unit"category and add fee for "Duct Replacement Only"and "New Multi-Family"category to Table 3(b) as follows: TABLE 3(b) RESIDENTIAL MECHANICAL PERMIT FEES New Single-Family or $250 per dwelling Townhome Unit Duct Replacement Only $50.00 New Multi-Family $60 per HVAC unit Ordinance No. 3607 Page 39 of 41 SECTION 9: Any person intentionally, knowingly, recklessly, or with criminal negligence violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed two thousand dollars ($2,000). Each day any such violation shall be allowed to continue shall constitute a separate violation and be punishable hereunder. SECTION 10: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 11: 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 in the Code of Ordinances of the City of North Richland Hills 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 12: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section 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 phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 13: This Ordinance shall be in full force and effect from and after its passage and publication as required by law. Ordinance No. 3607 Page 40 of 41 AND IT IS SO ORDAINED. PASSED AND APPROVED on this 23rd day of September, 2019. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Director of Planning Ordinance No. 3607 Page 41 of 41 DRAFT MINUTES OF THE MEETING OF THE CONSTRUCTION CODE OF APPEALS CITY OF NORTH RICHLAND HILLS, TEXAS WORK SESSION August 15, 2019 1. CALL TO ORDER The meeting was called to order by Chief Building Official Dave Pendley at 6:05 p.m. Present at the Work Session are: PRESENT Chairman Kurt Cameron Terry Brown Phillip Varughese WD `Mac' McCarthy Marc Trevino Keith Kirkwood CITY STAFF Building Official Dave Pendley Recording Secretary Cindy Garvin Darla Paschall 2. Oaths of Offices Kurt Cameron, Phillip Varughese, Marc Trevino, Heath Kirkwood and W.D. McCarthy were sworn in. 3. ROLL CALL PRESENT Chairman Kurt Cameron Terry Brown Phillip Varughese WD `Mac' McCarthy Marc Trevino Heath Kirkwood CITY STAFF Building Official Dave Pendley Recording Secretary Cindy Garvin Darla Paschall August 15,2019 Construction Board of Appeals Page 1 DRAFT 4. Election for Chairman Kurt Cameron elected for Chair, Terry Browning elected for Vice Chair 5. Approval of Minutes of March 17, 2015 Construction Code of Appeals Board Approved Kurt Cameron motions to approve the minutes, Phillip Varughese seconds motion. The motion passes unanimously (6, 0) 6. Briefing on Adoption of 2018 I-Codes Dave Pendley gave an overview of the Code Adoption from the 2012 Codes to the adoption to the 2018 Codes. 7. Consideration of Purposed NCTCOG Amendment option of Section 903.2.11.9 Requiring Fire Sprinklers in Buildings over 6,000 SF. Approved Phillip Varughese motions to adopt the section 903.2.11.6. Terry Brown seconds the motion. The motion passes unanimously (6, 0) 8. Consideration of Adoption of the 2018 I-Codes for International Building Codes. Dave Pendley presented the Board with the changes of the codes for the 2018 International Building Codes After the presentation and discussion, the Board motioned to approve the consideration for the International Building Codes. APPROVED Marc Trevino motions to adopt the 2018 International Building Codes. Phillip Varughese seconds the motion. The motion passes unanimously (6, 0) August 15,2019 Construction Board of Appeals Page 2 9. DRAFT Consideration of Adoption of the 2018 1- Codes for International Residential Codes Dave Pendley presented the Board with the changes of the codes for the 2018 International Residential Codes After the presentation and discussion, the Board motioned to approve the consideration for the International Residential Codes. APPROVED Heath Kirkwood motions to adopt the 2018 International Building Codes. Terry Brown seconds the motion. The motion passes unanimously (6, 0) 5 Minute Recess Meeting started back up at 8:01 10. Consideration of Adoption of the 2018 1-Codes for International Mechanical Code Dave Pendley presented the Board with the changes of the codes for the 2018 International Mechanical Codes After the presentation and discussion, the Board motioned to approve the consideration for the International Mechanical Code. APPROVED Phillip Varughese motions to adopt the 2018 International Mechanical Code, Terry Browning seconds the motion. The motion passes unanimously (6, 0) 11. ADJOURNMENT Kurt Cameron called the meeting adjourned at 8:13 pm. Kurt Cameron Chairman August 15,2019 Construction Board of Appeals Page 3 k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2019 SUBJECT: Consider Resolution No. 2019-038 setting a public hearing under Section 311.003 of the Texas Tax Code for the creation of a Tax Increment Reinvestment Zone within the City of North Richland Hills, Texas; and authorizing the issuance of notice by the City Secretary of North Richland Hills, Texas regarding the public hearing. PRESENTER: Mark Hindman, City Manager SUMMARY: City Council is being asked to consider a resolution that sets forth the public hearing process for the designation of a Tax Increment Reinvestment Zone in the area located around the City Hall property. GENERAL DESCRIPTION: The city has been approached by Centurion American Development Group (CADG) for a mixed-use development around the City Hall property. The current owner, La Verne Butterfield, L.P. is under contract to sell 52.873 acres to CADG. The development, proposed as City Point, is a mixed-use project with single-family residential, multi-family residential, commercial business and hospitality uses. In order to enhance the quality and expedite the timing of the development, the city was asked to establish a Public Improvement District (PID) through a petition filed by the property owner. Under the authority of Chapter 372 of the Texas Local Government Code, a PID allows the city to levy a special assessment against properties within the district to pay for public improvements to the properties within the district. On September 9, 20197 City Council held a public hearing and authorized the creation of the City Point PID. The public improvements consist of streets, sidewalks, street lighting, off-street parking, water lines, sewer lines, drainage improvements and public open space with an estimated cost not to exceed $15,000,000, and be paid out over a 30-year period. While the city is not obligated to provide any funds to finance the public improvements, the city may wish to consider the establishment of a Tax Increment Reinvestment Zone (Reinvestment Zone) to assist in offsetting a portion of the PID's assessment. A Reinvestment Zone is a special zone designated by a City or County under the authority of Section 311 of the Texas Tax Code. According to Section 311.005, certain criteria must be met in order for a zone to be eligible. The area surrounding City Hall is the former location of North Hills Mall. k4FItH NORTH RICHLAND HILLS Demolished in 2007, staff has determined that the potential zone is eligible as it substantially impairs the sound growth of the city by remaining undeveloped from obsolete platting, the deterioration of site improvements and other factors. Through a Reinvestment Zone, the city could utilize a common public financing method called Tax Increment Financing (TIF). A TIF commits a portion of future real estate tax revenue increases from properties within the Reinvestment Zone for a certain period of time, which in this case could be used to offset a portion of the annual assessment within the City Point PID. Prior to considering the establishment of a Reinvestment Zone, the City Council must hold a public hearing with notice given in a newspaper of general circulation in the city no later than the 7t" day before the date of the hearing in accordance with Section 311.003 of the act. In order to hold the aforementioned public hearing, City Council must first approve a resolution that sets forth the public hearing process. RECOMMENDATION: Approve Resolution No. 2019-038. RESOLUTION NO. 2019-038 A RESOLUTION SETTING A PUBLIC HEARING UNDER SECTION 311.003 OF THE TEXAS TAX CODE FOR THE CREATION OF A TAX INCREMENT REINVESTMENT ZONE WITHIN THE CITY OF NORTH RICHLAND HILLS, TEXAS; AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF NORTH RICHLAND HILLS, TEXAS REGARDING THE PUBLIC HEARING; AND DIRECTING THE CITY TO PREPARE A PRELIMINARY REINVESTMENT ZONE FINANCING PLAN WHEREAS, the City of North Richland Hills, Texas (the "City"), is authorized under Chapter 311 of the Texas Tax Code, as amended (the "Act"), to create a tax increment reinvestment zone within its city limits; and WHEREAS, the City Council of the City (the "City Council") wishes to hold a public hearing in accordance with Section 311.003 of the Act regarding the establishment of a tax increment reinvestment zone in the City (the "Zone") with the boundaries being described in the metes and bounds attached as Exhibit A; and WHEREAS, the Zone meets the criteria for designation under Section 311.005 of the Act as the area is substantially arresting or impairing the sound growth of the City, and is predominantly open or undeveloped because of obsolete platting due to the deterioration of structures and site improvements; and WHEREAS, in order to hold a public hearing for the creation of the Zone, notice must be given in a newspaper of general circulation in the City no later than the 7tn day before the date of the hearing in accordance with Section 311.003 of the Act; and WHEREAS, the City Council has determined to hold a public hearing on October 14, 2019 on the creation of the Zone; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. That a public hearing is hereby called for October 14, 2019, at 7.00 p.m. at North Richland Hills City Council Chambers, 4301 City Point Drive, North Richland Hills, TX 76180, for the purpose of hearing any interested person speak for or against the inclusion of property in the proposed Zone, the creation of the Zone, its boundaries, or the concept of tax increment financing with respect to the creation of the Zone. Resolution No. 2019-038 Page 1 of 11 SECTION 2. At such time and place the City Council will hear testimony regarding the creation of the Zone and will provide a reasonable opportunity for the owner of any property within the proposed Zone to protest the inclusion of their property within the Zone. Upon closing the public hearing, the City Council may consider the adoption of an ordinance authorizing the creation of the Zone. SECTION 3. Attached hereto as Exhibit B is a form of the Notice of Public Hearing, the form and substance of which is hereby adopted and approved. SECTION 4. The City Secretary is hereby authorized and directed to cause said notice to be published in substantially the form attached hereto in a newspaper of general circulation in the City on or before October 4, 2019. SECTION 5. Before the October 14, 2019 hearing concerning the Zone, the City shall prepare a preliminary reinvestment zone financing plan. SECTION 6. This Resolution shall be in full force and effect from and after its passage, and it is accordingly so resolved. PASSED AND APPROVED on this 23rd day of September, 2019. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney Resolution No. 2019-038 Page 2 of 11 APPROVED AS TO CONTENT: Craig Hulse, Economic Development Director Resolution No. 2019-038 Page 3 of 11 EXHIBIT A Metes and Bounds for the Zone 52.873 ACRES TRACT 1 BEING all of Lot 1, Block 3, CITY POINT ADDITION, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D214125258, of the Official Public Records of Tarrant County, Texas. TRACT 2 BEING 16.881 acres of land situated in the WILLIAM W. WALLACE SURVEY, Abstract No. 1606, North Richland Hills, Tarrant County, Texas, and being a portion of Lot 1, Block 2, CITY POINT ADDITION, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D214125258, of the Official Public Records of Tarrant County, Texas, and being a portion of the tracts of land identified as Tract I, and Parcels ONE and TWO, in the deed to La Verne Butterfield, L.P., recorded in County Clerk's File No. D213022633, of the Official Public Records of Tarrant County, Texas, and also being a portion of the tract of land conveyed to La Verne Butterfield, L.P., by the deed recorded in County Clerk's File No. D214005869, of the Official Public Records of Tarrant County, Texas. Said 16.881 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a concrete Texas Electric Service Company monument found at the most Westerly Northwest corner of said Lot 1, Block 2, said point being the Northeast corner of Lot 16, Block 1, Edgley Addition, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Volume 388-140, Page 11, of the Plat Records of Tarrant County, Texas, and said POINT OF BEGINNING lying in the Southeast right- of-way line of State Highway No. 26 (a variable width public right-of-way); THENCE along the Northwest boundary line of said Lot 1, Block 2, and the Southeast right-of-way line of said State Highway No. 26, as follows- 1. N 470 39' 42" E 413.12 feet, to a '/2" iron rod marked "Brittain & Crawford" set at the beginning of a curve to the right; 2. NORTHEASTERLY 33.48 feet, along said curve to the right, having a radius of 250.00 feet, a central angle of 070 40' 29", and a chord bearing N 510 29' 56" E 33.46 feet, to a '/2" iron rod marked "Brittain & Crawford" set at the end of said curve; Resolution No. 2019-038 Page 4 of 11 THENCE along the North boundary line of said Lot 1, Block 2, and the South boundary lines of Lot 1, Block E, Calloway Farm Addition, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Cabinet "A", Slide 21590, of the Plat Records of Tarrant County, Texas, and Lot 2, Block 2, Calloway Farm Addition, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D214125258, of the Official Public Records of Tarrant County, Texas, as follows- 1. S 420 51' 35" E 41.46 feet, to an "X" cut in concrete set at the most Westerly Southwest corner of said Lot 1, Block E, and said point lying in the curve to the right; 2. NORTHEASTERLY 11.22 feet, along said curve to the right, having a radius of 200.50 feet, a central angle of 030 12' 25", and a chord bearing N 740 41' 28" E 11.22 feet, to an "X" cut in concrete set at the end of said curve; 3. N 760 15' 24" E 261.04 feet, to an "X"cut in concrete set at the beginning of a curve to the left; 1. NORTHEASTERLY 99.70 feet, along said curve to the left, having a radius of 199.50 feet, a central angle of 280 37' 59", and a chord bearing N 610 57' 18" E 98.66 feet, to an "X" cut in concrete set at the end of said curve; 2. N 480 20' 24" E 53.72 feet, to a "MAG" nail set at the beginning of a curve to the left; 3. NORTHEASTERLY 8.23 feet, along said curve to the left, having a radius of 20.00 feet, a central angle of 230 34' 41", and a chord bearing N 350 48' 53" E 8.17 feet, to an "X" cut in concrete set at the North corner of said Lot 1, Block 2, and said point lying in the Southwest right-of-way line of City Point Drive (a 110 foot wide public right-of-way); THENCE along the Northeast boundary line of said Lot 1, Block 2, and the Southwest right-of-way line of said City Point Drive, as follows: 1. S 420 23' 46" E 573.15 feet, to an "X" cut in concrete found; 2. S 060 53' 30" E 105.89 feet, to a '/2" iron rod marked "TOPOGRAPHIC" found lying at the intersection of the Southwest right-of-way line of said City Point Drive with the West right-of-way line of City Point West (a 40 foot wide public right-of-way); THENCE continuing along the Northeast boundary line of said Lot 1, Block 2, and the West right-of-way line of City Point West, as follows: 1. S 120 35' 44"W 47.65 feet, to an "X" cut in concrete set at the beginning of a curve to the left; 2. SOUTHEASTERLY 125.38 feet, along said curve to the left, having a radius of 271.00 feet, a central angle of 260 30' 30", and a chord bearing S 000 39' 31" E 124.27 feet, to a point lying at the end of said curve; Resolution No. 2019-038 Page 5 of 11 3. S 130 54' 47" E 36.64 feet, to an "X" cut in concrete set at the beginning of a curve to the right; 4. SOUTHEASTERLY 29.57 feet, along said curve to the right, having a radius of 281.00 feet, a central angle of 060 01' 47", and a chord bearing S 100 53' 53" E 29.56 feet, to an "X"cut in concrete set at the Northeast corner of a proposed 10.00 acres tract of land; THENCE severing said Lot 1, Block 2, as follows: 1. S 890 37' 12" W 628.11 feet, to a '/2" iron rod marked "Brittain & Crawford" set., 2. S 00° 27' 51" E 246.59 feet, to a '/2" iron rod found at the Northeast corner of Ruth Road (a 50 foot wide public right-of-way); THENCE S 890 35' 09"W 49.95 feet, along the North right-of-way line of said Ruth Road, to a '/2" iron rod found at the Northwest corner of said Ruth Road., THENCE again severing said Lot 1, Block 2, as follows- 1. N 000 27' 51" W 122.78 feet, to a '/2" iron rod marked "Brittain & Crawford" set., 2. S 890 35' 50" W 480.59 feet, to a '/2" iron rod marked "Brittain & Crawford" set in the West boundary line of said Lot 1, Block 2, and the East boundary line of a tract of land conveyed to ONCOR Electric Delivery Company, LLC, by the deed recorded in Volume 1947, Page 169, of the Deed Records of Tarrant County, Texas; THENCE N 000 22' 36" W 473.10 feet, along the West boundary line of said Lot 1, Block 2, and the East boundary line of said ONCOR Electric Delivery Company Tract and the aforesaid Lot 16, Block 1, Edgley Addition, to the POINT OF BEGINNING containing 16.881 acres (735,331 square feet) of land. TRACT 3: BEING all of Lot 2, Block 1, CITY POINT ADDITION, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D214125258, of the Official Public Records of Tarrant County, Texas. TRACT 4: BEING 0.759 acre of land situated in the WILLIAM W. WALLACE SURVEY, Abstract No. 1606, North Richland Hills, Tarrant County, Texas, and being a portion of the tract of land identified as Tract VII, in the deed to La Verne Butterfield, L.P., by the deed recorded in County Clerk's File No. D205028589, of the Official Public Records of Tarrant County, Resolution No. 2019-038 Page 6 of 11 Texas. Said 0.759 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found at the Southwest corner of said La Verne Butterfield Tract, and the Northwest corner of Lot 9, Block A, Calloway Farm Addition, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Cabinet "A", Slide 299, of the Plat Records of Tarrant County, Texas, said point also being the Southeast corner of a tract of land identified as Tract I, and the Southerly portion of Tract 11, in the aforesaid deed to La Verne Butterfield, L.P.; THENCE N 000 08' 55" W 50.08 feet, along the West boundary line of said Tract VII and the East boundary line of the aforesaid Tract of land identified as Tract I and the Southerly portion of the Tract 11, to a '/2 iron rod found at the Northwest corner of said Tract VII, and the Southwest corner of a tract of land identified as Tract 11, in the deed to Columbia North Hills Hospital Subsidiary, L.P., recorded in Volume 14448, Page 33, of the Deed Records of Tarrant County, Texas; THENCE N 890 40' 25" E 660.60 feet, along the North boundary line of said Tract VII and the South boundary line of said Columbia North Hills Hospital Subsidiary Tract, to a '/2" iron rod found at the Northeast corner of said Tract VII and the Southeast corner of said Columbia North Hills Hospital Subsidiary Tract, and said point lying in the West right-of- way line of Booth Calloway Road (a 60 foot wide public right-of-way); THENCE S 000 32' 11" E 49.98 feet, along the East boundary line of said Tract VII and the West right-of- way line of Booth Calloway Road, to a '/2" iron rod found at the Southeast corner of said Tract VI I and the Northeast corner of a tract of land identified as Tract 1, in the aforesaid deed to Columbia North Hills Hospital Subsidiary, L.P.; THENCE S 890 39' 54" W 660.93 feet, along the South boundary line of said Tract VII and the North boundary line of said Tract 1, and the aforesaid Lot 9, Block A, to the POINT OF BEGINNING containing 0.759 acre (33,059 square feet) of land. TRACT 5: BEING 0.169 acre of land situated in the WILLIAM W. WALLACE SURVEY, Abstract No. 1606, North Richland Hills, Tarrant County, Texas, and being a portion of the tract of land identified as "Tract I and the Southerly portion of Tract 11", in the deed to La Verne Butterfield, L.P., by the deed recorded in County Clerk's File No. D205028590, of the Official Public Records of Tarrant County, Texas. Said 0.169 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a '/2" iron rod found with aluminum cap marked "4873" at the Southwest corner of Lot 1, Block M, Calloway Farm Addition, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Cabinet "A", Slide 11807, of the Plat Records of Tarrant County, Texas, said point lying in the Northeast right-of-way line of City Point Drive (a variable width public right-of-way); Resolution No. 2019-038 Page 7 of 11 THENCE S 890 59' 16" E 51.30 feet, along the South boundary line of said Lot 1, Block M, and severing said La Verne Butterfield Tract, to a '/2" iron rod marked "Brittain & Crawford" set at the Southeast corner of said Lot 1, Block M, and said point lying in the West boundary line of a tract of land identified as Tract 11, in the deed to Columbia North Hills Hospital Subsidiary, L.P., recorded in Volume 14448, Page 33, of the Deed Records of Tarrant County, Texas; THENCE S 000 26' 57" E 305.54 feet, along the West boundary line of said Columbia North Hills Hospital Subsidiary Tract and the East boundary line of said La Verne Butterfield Tract, to a '/2" iron rod found at the Southwest corner of said Columbia North Hills Hospital Subsidiary Tract, and the Northwest corner of a tract of land identified as Tract VII, in the aforesaid deed to La Verne Butterfield; THENCE S 000 08' 55" E 50.08 feet, along the West boundary line of said Tract VII, to a 5/8" iron rod found at the Southwest corner of said Tract VII and the Northwest corner of Lot 9, Block A, Calloway Farm Addition, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Cabinet "A", Slide 299, of the Plat Records of Tarrant County, Texas, and said point lying in the East right-of-way line of the aforesaid City Point Drive; THENCE along the Northeast right-of-way line of said City Point Drive and the West boundary line of the aforesaid Tract of land identified as Tract I and the Southerly portion of Tract 11, as follows- 1. N 880 42' 11" W 10.05 feet, to an "X" cut in concrete found; 2. N 000 24' 47" W 80.00 feet, to an "X" cut in concrete found at the beginning of a curve to the left; 3. NORTHWESTERLY 279.79 feet, along said curve to the left, having a radius of 942.77 feet, a central angle of 170 00' 15", and a chord bearing N 080 54' 54" W 278.77 feet, to the POINT OF BEGINNING containing 0.169 acre (7,366 square feet) of land. TRACT 6: BEING 0.681 acre of land situated in the WILLIAM W. WALLACE SURVEY, Abstract No. 1606, North Richland Hills, Tarrant County, Texas, and being the same tract of land identified as the "Northerly portion of Tract 11", in the deed to La Verne Butterfield, L.P., by the deed recorded in County Clerk's File No. D205028590, of the Official Public Records of Tarrant County, Texas. Said 0.681 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a '/2" iron rod marked "SPOONER" found at the South corner of Lot 1, Block H, Calloway Farm Addition, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D194246388, of the Official Public Records of Tarrant County, Texas, and the West corner of the aforesaid La Verne Butterfield Tract, and said point lying in the Northeast right-of-way line of Rodger Line Drive (a 70 foot wide public right-of-way); Resolution No. 2019-038 Page 8 of 11 THENCE along the Southeast boundary line of said Lot 1, Block H, and the Northwest boundary line of said La Verne Butterfield Tract, as follows: 1. N 350 00' 51" E 100.00 feet, to a '/2" iron rod with aluminum cap stamped "RPLS 4873" found; 2. N 530 58' 52" E 143.09 feet, to a '/2" iron rod with aluminum cap stamped "RPLS 4873" found at the East corner of said Lot 1 , Block H, and the North corner of the aforesaid La Verne Butterfield Tract, and said point lying in the West boundary line of a tract of land conveyed to the City of North Richland Hills, by the deed recorded in Volume 10616, Page 1491, of the Deed Records of Tarrant County, Texas THENCE along the Southwest boundary line of said La Verne Butterfield Tract and the Northeast right-of- way line of said Rodger Line Drive, as follows- 1. NORTHWESTERLY 45.05 feet, along a curve to the right, having a radius of 265.00 feet, a central angle of 090 44' 24", and a chord bearing N 590 51' 29" W 44.99 feet, to a '/2" iron rod marked "Brittain & Crawford" set at the end of said curve; 2. N 540 59' 09"W 169.48 feet, to the POINT OF BEGINNING containing 0.681 acre (29,645 square feet) of land. TRACT 7: Being 5.951 acres of land situated in the William W. Wallace Survey, Abstract No. 1606, North Richland Hills, Tarrant County, Texas, and being a portion of Lot 1, Block 2, CITY POINT ADDITION, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D214125258, of the Official Public Records of Tarrant County, Texas, and being all of the tract of land identified as Tract V in the deed to La Verne Butterfield, L.P. by the deed recorded in County Clerk's File No. D205028589, of the Official Public Records Records of Tarrant County, Texas, and a portion of the tracts of land identified as Parcels One and Two, in the deed to LaVerne Butterfield, L.P., recorded in County Clerk's File No. D213022633, of the Official Public Records of Tarrant County, Texas. Said 5.951 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod found at the most Westerly Southwest corner of said Lot 1, Block 2, and the Northwest corner of a tract of land conveyed to Richland Hills Methodist Church, by the deed recorded in Volume 2650, Page 247, of the Deed Records of Tarrant County, Texas, and said point lying in the East boundary line of a tract of land conveyed to ONCOR Electric Delivery Company, LLC, by deed recorded in Volume 1947, Page 169 of the Deed Records of Tarrant County, Texas; THENCE along the West boundary line of said Lot 1, Block 2„ and the East boundary line of said ONCOR Electric Delivery Company Tract, as follows: 1. N 00037'34" W, 482.31 feet to a 1/2" iron rod found; Resolution No. 2019-038 Page 9 of 11 2. 2. N 00022'36" W 57.70 feet, to a 1/2" iron rod marked "Brittain & Crawford" set; THENCE severing said Lot 1, Block 2, as follows- 1. N 89035'50" E 480.59 feet, to a 1/2" iron rod marked "Brittain & Crawford" set; 2. S 00027'51" E at 122.78 feet, passing a 1/2" iron rod found at the Northwest corner of Ruth Road (a 50 foot wide public right-of-way) and continuing in all 540.00 feet, to a point lying at the most Westerly Southeast corner of said Lot 1, Block 2, and the Northeast corner of said aforesaid tract of land conveyed to Richland Hills Methodist Church; THENCE S 89035'50" W 479.32 feet along the South boundary line of said Lot 1, Block 2, and the North boundary line of said Richland Hills Methodist Church Tract, to the Point of Beginning containing 5.951 acres (2569,235 square feet) of land Resolution No. 2019-038 Page 10 of 11 EXHIBIT B City of North Richland Hills City Council Notice of Public Hearing On Creation of Reinvestment Zone THE NORTH RICHLAND HILLS CITY COUNCIL WILL HOLD A PUBLIC HEARING ON MONDAY OCTOBER 14, 2019 AT 7.00 P.M. AT NORTH RICHLAND HILLS CITY COUNCIL CHAMBERS, 4301 CITY POINT DRIVE, NORTH RICHLAND HILLS, TX 76180, ON THE CREATION OF A REINVESTMENT ZONE AND ITS BENEFITS TO THE CITY OF NORTH RICHLAND HILLS AND TO PROVIDE A REASONABLE OPPORTUNITY FOR ANY OWNER OF PROPERTY WITHIN THE PROPOSED REINVESTMENT ZONE TO PROTEST THE INCLUSION OF THEIR PROPERTY WITHIN THE PROPOSED REINVESTMENT ZONE, WHICH PROPOSED ZONE CONSISTS OF APPROXIMATELY 52.873 ACRES GENERALLY LOCATED AT THE SOUTHEAST CORNER OF BOULEVARD 26 (GRAPEVINE HIGHWAY) AND RODGER LINE DRIVE, AS MORE PARTICULARLY DESCRIBED BY A METES AND BOUNDS DESCRIPTION AVAILABLE AT NORTH RICHLAND HILLS CITY HALL AND AVAILABLE FOR PUBLIC INSPECTION. AT THE PUBLIC HEARING, ANY INTERESTED PERSON MAY SPEAK FOR OR AGAINST THE INCLUSION OF PROPERTY WITHIN THE ZONE, THE CREATION OF THE REINVESTMENT ZONE, ITS BOUNDARIES, OR THE CONCEPT OF TAX INCREMENT FINANCING. FOLLOWING THE PUBLIC HEARING, NORTH RICHLAND HILLS CITY COUNCIL WILL CONSIDER ADOPTION OF AN ORDINANCE CREATING THE REINVESTMENT ZONE. Resolution No. 2019-038 Page 11 of 11 EXHIBIT A Metes and Bounds for the Zone 52.873 ACRES TRACT 1 BEING all of Lot 1, Block 3, CITY POINT ADDITION, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D214125258, of the Official Public Records of Tarrant County, Texas. TRACT 2 BEING 16.881 acres of land situated in the WILLIAM W. WALLACE SURVEY, Abstract No. 1606, North Richland Hills, Tarrant County, Texas, and being a portion of Lot 1, Block 2, CITY POINT ADDITION, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D214125258, of the Official Public Records of Tarrant County, Texas, and being a portion of the tracts of land identified as Tract I, and Parcels ONE and TWO, in the deed to La Verne Butterfield, L.P., recorded in County Clerk's File No. D213022633, of the Official Public Records of Tarrant County, Texas, and also being a portion of the tract of land conveyed to La Verne Butterfield, L.P., by the deed recorded in County Clerk's File No. D214005869, of the Official Public Records of Tarrant County, Texas. Said 16.881 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a concrete Texas Electric Service Company monument found at the most Westerly Northwest corner of said Lot 1, Block 2, said point being the Northeast corner of Lot 16, Block 1, Edgley Addition, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Volume 388-140, Page 11, of the Plat Records of Tarrant County, Texas, and said POINT OF BEGINNING lying in the Southeast right- of-way line of State Highway No. 26 (a variable width public right-of-way); THENCE along the Northwest boundary line of said Lot 1, Block 2, and the Southeast right-of-way line of said State Highway No. 26, as follows- 1. N 470 39' 42" E 413.12 feet, to a '/2" iron rod marked "Brittain & Crawford" set at the beginning of a curve to the right; 2. NORTHEASTERLY 33.48 feet, along said curve to the right, having a radius of 250.00 feet, a central angle of 070 40' 29", and a chord bearing N 510 29' 56" E 33.46 feet, to a '/2" iron rod marked "Brittain & Crawford" set at the end of said curve; Page 1 of 7 THENCE along the North boundary line of said Lot 1, Block 2, and the South boundary lines of Lot 1, Block E, Calloway Farm Addition, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Cabinet "A", Slide 21590, of the Plat Records of Tarrant County, Texas, and Lot 2, Block 2, Calloway Farm Addition, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D214125258, of the Official Public Records of Tarrant County, Texas, as follows- 1. S 420 51' 35" E 41.46 feet, to an "X" cut in concrete set at the most Westerly Southwest corner of said Lot 1, Block E, and said point lying in the curve to the right; 2. NORTHEASTERLY 11.22 feet, along said curve to the right, having a radius of 200.50 feet, a central angle of 030 12' 25", and a chord bearing N 740 41' 28" E 11.22 feet, to an "X" cut in concrete set at the end of said curve; 3. N 760 15' 24" E 261.04 feet, to an "X" cut in concrete set at the beginning of a curve to the left; 1. NORTHEASTERLY 99.70 feet, along said curve to the left, having a radius of 199.50 feet, a central angle of 280 37' 59", and a chord bearing N 610 57' 18" E 98.66 feet, to an "X" cut in concrete set at the end of said curve; 2. N 480 20' 24" E 53.72 feet, to a "MAG" nail set at the beginning of a curve to the left; 3. NORTHEASTERLY 8.23 feet, along said curve to the left, having a radius of 20.00 feet, a central angle of 230 34' 41", and a chord bearing N 350 48' 53" E 8.17 feet, to an "X" cut in concrete set at the North corner of said Lot 1, Block 2, and said point lying in the Southwest right-of-way line of City Point Drive (a 110 foot wide public right-of-way); THENCE along the Northeast boundary line of said Lot 1, Block 2, and the Southwest right-of-way line of said City Point Drive, as follows: 1. S 420 23' 46" E 573.15 feet, to an "X" cut in concrete found; 2. S 060 53' 30" E 105.89 feet, to a '/2" iron rod marked "TOPOGRAPHIC" found lying at the intersection of the Southwest right-of-way line of said City Point Drive with the West right-of-way line of City Point West (a 40 foot wide public right-of-way); THENCE continuing along the Northeast boundary line of said Lot 1, Block 2, and the West right-of-way line of City Point West, as follows: 1. S 120 35' 44" W 47.65 feet, to an "X" cut in concrete set at the beginning of a curve to the left; 2. SOUTHEASTERLY 125.38 feet, along said curve to the left, having a radius of 271.00 feet, a central angle of 260 30' 30", and a chord bearing S 000 39' 31" E 124.27 feet, to a point lying at the end of said curve; Page 2 of 7 3. S 130 54' 47" E 36.64 feet, to an "X" cut in concrete set at the beginning of a curve to the right; 4. SOUTHEASTERLY 29.57 feet, along said curve to the right, having a radius of 281.00 feet, a central angle of 060 01' 47", and a chord bearing S 100 53' 53" E 29.56 feet, to an "X" cut in concrete set at the Northeast corner of a proposed 10.00 acres tract of land; THENCE severing said Lot 1, Block 2, as follows: 1. S 890 37' 12" W 628.11 feet, to a '/2" iron rod marked "Brittain & Crawford" set., 2. S 00° 27' 51" E 246.59 feet, to a '/2" iron rod found at the Northeast corner of Ruth Road (a 50 foot wide public right-of-way); THENCE S 890 35' 09" W 49.95 feet, along the North right-of-way line of said Ruth Road, to a '/2" iron rod found at the Northwest corner of said Ruth Road., THENCE again severing said Lot 1, Block 2, as follows- 1. N 000 27' 51" W 122.78 feet, to a '/2" iron rod marked "Brittain & Crawford" set., 2. S 890 35' 50" W 480.59 feet, to a '/2" iron rod marked "Brittain & Crawford" set in the West boundary line of said Lot 1, Block 2, and the East boundary line of a tract of land conveyed to ONCOR Electric Delivery Company, LLC, by the deed recorded in Volume 1947, Page 169, of the Deed Records of Tarrant County, Texas; THENCE N 000 22' 36" W 473.10 feet, along the West boundary line of said Lot 1, Block 2, and the East boundary line of said ONCOR Electric Delivery Company Tract and the aforesaid Lot 16, Block 1, Edgley Addition, to the POINT OF BEGINNING containing 16.881 acres (735,331 square feet) of land. TRACT 3: BEING all of Lot 2, Block 1, CITY POINT ADDITION, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D214125258, of the Official Public Records of Tarrant County, Texas. TRACT 4: BEING 0.759 acre of land situated in the WILLIAM W. WALLACE SURVEY, Abstract No. 1606, North Richland Hills, Tarrant County, Texas, and being a portion of the tract of land identified as Tract VII, in the deed to La Verne Butterfield, L.P., by the deed recorded in County Clerk's File No. D205028589, of the Official Public Records of Tarrant County, Page 3 of 7 Texas. Said 0.759 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found at the Southwest corner of said La Verne Butterfield Tract, and the Northwest corner of Lot 9, Block A, Calloway Farm Addition, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Cabinet "A", Slide 299, of the Plat Records of Tarrant County, Texas, said point also being the Southeast corner of a tract of land identified as Tract I, and the Southerly portion of Tract 11, in the aforesaid deed to La Verne Butterfield, L.P.; THENCE N 000 08' 55" W 50.08 feet, along the West boundary line of said Tract VII and the East boundary line of the aforesaid Tract of land identified as Tract I and the Southerly portion of the Tract 11, to a '/2 iron rod found at the Northwest corner of said Tract VII, and the Southwest corner of a tract of land identified as Tract 11, in the deed to Columbia North Hills Hospital Subsidiary, L.P., recorded in Volume 14448, Page 33, of the Deed Records of Tarrant County, Texas; THENCE N 890 40' 25" E 660.60 feet, along the North boundary line of said Tract VII and the South boundary line of said Columbia North Hills Hospital Subsidiary Tract, to a '/2" iron rod found at the Northeast corner of said Tract VII and the Southeast corner of said Columbia North Hills Hospital Subsidiary Tract, and said point lying in the West right-of- way line of Booth Calloway Road (a 60 foot wide public right-of-way); THENCE S 000 32' 11" E 49.98 feet, along the East boundary line of said Tract VII and the West right-of- way line of Booth Calloway Road, to a '/2" iron rod found at the Southeast corner of said Tract VI I and the Northeast corner of a tract of land identified as Tract 1, in the aforesaid deed to Columbia North Hills Hospital Subsidiary, L.P.; THENCE S 890 39' 54" W 660.93 feet, along the South boundary line of said Tract VII and the North boundary line of said Tract 1, and the aforesaid Lot 9, Block A, to the POINT OF BEGINNING containing 0.759 acre (33,059 square feet) of land. TRACT 5: BEING 0.169 acre of land situated in the WILLIAM W. WALLACE SURVEY, Abstract No. 1606, North Richland Hills, Tarrant County, Texas, and being a portion of the tract of land identified as "Tract I and the Southerly portion of Tract 11", in the deed to La Verne Butterfield, L.P., by the deed recorded in County Clerk's File No. D205028590, of the Official Public Records of Tarrant County, Texas. Said 0.169 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a '/2" iron rod found with aluminum cap marked "4873" at the Southwest corner of Lot 1, Block M, Calloway Farm Addition, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Cabinet "A", Slide 11807, of the Plat Records of Tarrant County, Texas, said point lying in the Northeast right-of-way line of City Point Drive (a variable width public right-of-way); Page 4 of 7 THENCE S 890 59' 16" E 51.30 feet, along the South boundary line of said Lot 1, Block M, and severing said La Verne Butterfield Tract, to a '/2" iron rod marked "Brittain & Crawford" set at the Southeast corner of said Lot 1, Block M, and said point lying in the West boundary line of a tract of land identified as Tract 11, in the deed to Columbia North Hills Hospital Subsidiary, L.P., recorded in Volume 14448, Page 33, of the Deed Records of Tarrant County, Texas; THENCE S 000 26' 57" E 305.54 feet, along the West boundary line of said Columbia North Hills Hospital Subsidiary Tract and the East boundary line of said La Verne Butterfield Tract, to a '/2" iron rod found at the Southwest corner of said Columbia North Hills Hospital Subsidiary Tract, and the Northwest corner of a tract of land identified as Tract VII, in the aforesaid deed to La Verne Butterfield; THENCE S 000 08' 55" E 50.08 feet, along the West boundary line of said Tract VII, to a 5/8" iron rod found at the Southwest corner of said Tract VII and the Northwest corner of Lot 9, Block A, Calloway Farm Addition, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Cabinet "A", Slide 299, of the Plat Records of Tarrant County, Texas, and said point lying in the East right-of-way line of the aforesaid City Point Drive; THENCE along the Northeast right-of-way line of said City Point Drive and the West boundary line of the aforesaid Tract of land identified as Tract I and the Southerly portion of Tract 11, as follows- 1. N 880 42' 11" W 10.05 feet, to an "X" cut in concrete found; 2. N 000 24' 47" W 80.00 feet, to an "X" cut in concrete found at the beginning of a curve to the left; 3. NORTHWESTERLY 279.79 feet, along said curve to the left, having a radius of 942.77 feet, a central angle of 170 00' 15", and a chord bearing N 080 54' 54" W 278.77 feet, to the POINT OF BEGINNING containing 0.169 acre (7,366 square feet) of land. TRACT 6: BEING 0.681 acre of land situated in the WILLIAM W. WALLACE SURVEY, Abstract No. 1606, North Richland Hills, Tarrant County, Texas, and being the same tract of land identified as the "Northerly portion of Tract 11", in the deed to La Verne Butterfield, L.P., by the deed recorded in County Clerk's File No. D205028590, of the Official Public Records of Tarrant County, Texas. Said 0.681 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a '/2" iron rod marked "SPOONER" found at the South corner of Lot 1, Block H, Calloway Farm Addition, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D194246388, of the Official Public Records of Tarrant County, Texas, and the West corner of the aforesaid La Verne Butterfield Tract, and said point lying in the Northeast right-of-way line of Rodger Line Drive (a 70 foot wide public right-of-way); Page 5 of 7 THENCE along the Southeast boundary line of said Lot 1, Block H, and the Northwest boundary line of said La Verne Butterfield Tract, as follows: 1. N 350 00' 51" E 100.00 feet, to a '/2" iron rod with aluminum cap stamped "RPLS 4873" found; 2. N 530 58' 52" E 143.09 feet, to a '/2" iron rod with aluminum cap stamped "RPLS 4873" found at the East corner of said Lot 1, Block H, and the North corner of the aforesaid La Verne Butterfield Tract, and said point lying in the West boundary line of a tract of land conveyed to the City of North Richland Hills, by the deed recorded in Volume 10616, Page 1491, of the Deed Records of Tarrant County, Texas THENCE along the Southwest boundary line of said La Verne Butterfield Tract and the Northeast right-of- way line of said Rodger Line Drive, as follows- 1. NORTHWESTERLY 45.05 feet, along a curve to the right, having a radius of 265.00 feet, a central angle of 090 44' 24", and a chord bearing N 590 51' 29" W 44.99 feet, to a '/2" iron rod marked "Brittain & Crawford" set at the end of said curve; 2. N 540 59' 09" W 169.48 feet, to the POINT OF BEGINNING containing 0.681 acre (29,645 square feet) of land. TRACT 7: Being 5.951 acres of land situated in the William W. Wallace Survey, Abstract No. 1606, North Richland Hills, Tarrant County, Texas, and being a portion of Lot 1, Block 2, CITY POINT ADDITION, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D214125258, of the Official Public Records of Tarrant County, Texas, and being all of the tract of land identified as Tract V in the deed to La Verne Butterfield, L.P. by the deed recorded in County Clerk's File No. D205028589, of the Official Public Records Records of Tarrant County, Texas, and a portion of the tracts of land identified as Parcels One and Two, in the deed to LaVerne Butterfield, L.P., recorded in County Clerk's File No. D213022633, of the Official Public Records of Tarrant County, Texas. Said 5.951 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod found at the most Westerly Southwest corner of said Lot 1, Block 2, and the Northwest corner of a tract of land conveyed to Richland Hills Methodist Church, by the deed recorded in Volume 2650, Page 247, of the Deed Records of Tarrant County, Texas, and said point lying in the East boundary line of a tract of land conveyed to ONCOR Electric Delivery Company, LLC, by deed recorded in Volume 1947, Page 169 of the Deed Records of Tarrant County, Texas; THENCE along the West boundary line of said Lot 1, Block 2„ and the East boundary line of said ONCOR Electric Delivery Company Tract, as follows: 1. N 00037'34" W, 482.31 feet to a 1/2" iron rod found; Page 6 of 7 2. 2. N 00022'36" W 57.70 feet, to a 1/2" iron rod marked "Brittain & Crawford" set; THENCE severing said Lot 1, Block 2, as follows- 1. N 89035'50" E 480.59 feet, to a 1/2" iron rod marked "Brittain & Crawford" set; 2. S 00027'51" E at 122.78 feet, passing a 1/2" iron rod found at the Northwest corner of Ruth Road (a 50 foot wide public right-of-way) and continuing in all 540.00 feet, to a point lying at the most Westerly Southeast corner of said Lot 1, Block 2, and the Northeast corner of said aforesaid tract of land conveyed to Richland Hills Methodist Church; THENCE S 89035'50" W 479.32 feet along the South boundary line of said Lot 1, Block 2, and the North boundary line of said Richland Hills Methodist Church Tract, to the Point of Beginning containing 5.951 acres (2569,235 square feet) of land Page 7 of 7 EXHIBIT B City of North Richland Hills City Council Notice of Public Hearing On Creation of Reinvestment Zone THE NORTH RICHLAND HILLS CITY COUNCIL WILL HOLD A PUBLIC HEARING ON MONDAY OCTOBER 14, 2019 AT 7.00 P.M. AT NORTH RICHLAND HILLS CITY COUNCIL CHAMBERS, 4301 CITY POINT DRIVE, NORTH RICHLAND HILLS, TX 76180, ON THE CREATION OF A REINVESTMENT ZONE AND ITS BENEFITS TO THE CITY OF NORTH RICHLAND HILLS AND TO PROVIDE A REASONABLE OPPORTUNITY FOR ANY OWNER OF PROPERTY WITHIN THE PROPOSED REINVESTMENT ZONE TO PROTEST THE INCLUSION OF THEIR PROPERTY WITHIN THE PROPOSED REINVESTMENT ZONE, WHICH PROPOSED ZONE CONSISTS OF APPROXIMATELY 52.873 ACRES GENERALLY LOCATED AT THE SOUTHEAST CORNER OF BOULEVARD 26 (GRAPEVINE HIGHWAY) AND RODGER LINE DRIVE, AS MORE PARTICULARLY DESCRIBED BY A METES AND BOUNDS DESCRIPTION AVAILABLE AT NORTH RICHLAND HILLS CITY HALL AND AVAILABLE FOR PUBLIC INSPECTION. AT THE PUBLIC HEARING, ANY INTERESTED PERSON MAY SPEAK FOR OR AGAINST THE INCLUSION OF PROPERTY WITHIN THE ZONE, THE CREATION OF THE REINVESTMENT ZONE, ITS BOUNDARIES, OR THE CONCEPT OF TAX INCREMENT FINANCING. FOLLOWING THE PUBLIC HEARING, NORTH RICHLAND HILLS CITY COUNCIL WILL CONSIDER ADOPTION OF AN ORDINANCE CREATING THE REINVESTMENT ZONE. Page 1 of 1 / sir � ¢rs ^ e 16�f "w^r r�,�/r/ ✓i r 101 r o o / / f f f r,N j rrrii '� nv9^n m�s4/ �� r Al / fa o✓a // � /�j/, f / /� � �u�{i Iw1tM41, II vDi�. �Jr< a cif I lr� r r h. II r it I rr d 11,E r r/ rr / i // r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2019 SUBJECT: Consider Resolution No. 2019-039, approving and authorizing publication of Notice of Intention to Issue Certificates of Obligation in an amount not to exceed $9,850,000 PRESENTER: Mark C. Mills, Director of Finance SUMMARY: The Fiscal Year 2018/2019 Revised Budget and the Fiscal Year 2019/2020 Adopted Budget included certain projects to be financed with Certificates of Obligation (CO's). Prior to the issuance of these CO's the city must meet specific notification requirements. City Council is requested to consider Resolution No. 2019-039, approving and authorizing the publication of this notice for the issuances of CO's in an amount not to exceed $9,850,000. GENERAL DESCRIPTION: The proposed sale will occur on November 12, 2019 and result in project proceeds of approximately $9,665,000. As part of the legal requirements for the planned issuance of CO's, the City Council must authorize the City Secretary to publish, in a newspaper of general circulation and continuously on the city's website, the notice of intent of the city to issue Certificates of Obligation in an amount not to exceed $9,850,000. This amount includes projected issuance costs of$185,000. The notice of intent to issue CO's must be published once a week for two consecutive weeks. The first publication date must be at least forty-six (46) days prior to the date set for Council's vote on the ordinance authorizing the issuance of the CO's. The notice must also be posted continuously on the city's website for at least forty-five (45) days prior to Council's vote. The notice of intention is attached to the resolution and labeled Exhibit A. The proposed calendar for the bond sale is as follows: • September 26t" (or earlier) City to publish 1st Notice of Intent in Star Telegram • October 3rd (7 days later) City to publish 2nd Notice of Intent in Star Telegram • Week of October 14t" Rating Agency Meetings • October 30t" Receive Ratings from Agencies • November 1st Distribute NRH Official Statements for CO Sales r4RH NORTH RICHLAND HILLS • November 12t" City Council Adopts Ordinance Authorizing COs • December 17t" Accept Delivery of CO Proceeds for Projects The 2019 CO funded projects and associated cost estimates are as follows: project Taxable or Type Description Tax-Exempt Term Amount Streets Northeast Parkway/Davis Traffic Signal Tax Exempt 20 Years $380,000 Fleet Fire Truck Replacement Tax Exempt 10 Years $985,000 Fleet Ambulance Replacement Tax Exempt 7 Years $335,000 Fleet Backhoe Replacement Tax Exempt 15 Years $140,000 Fleet Backhoe Replacement Tax Exempt 15 Years $140,000 Fleet Front-End Loader Replacement Tax Exempt 15 Years $220,000 Fleet Front-End Loader Replacement Tax Exempt 15 Years $220,000 Facilities Carpet Replacement-Library Tax Exempt 10 Years $320,000 Utility Projects 24"Wastewater Main Replacement Tax Exempt 20 Years $1,255,000 Utility Projects Conn Pump Station Pump/Electric Rehab Tax Exempt 20 Years $1,500,000 Utility Projects Misc.Water/Sewer Main Replacement Tax Exempt 20 Years $445,000 Utility Projects Small Water Main Replacement Tax Exempt 20 Years $440,000 Golf Course Iron Horse Golf Course Improvements Taxable 20 Years $3,285,000 Sub Total $9,665,ppa Est. Issuance Cost $185,000 TOTAL $9,850,000 RECOMMENDATION: Approve Resolution No. 2019-039, approving and authorizing publication of Notice of Intention to Issue Certificates of Obligation in an amount not to exceed $9,850,000. RESOLUTION NO. 2019-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of North Richland Hills, Texas, has determined that certificates of obligation should be issued, in one or more series, under and pursuant to the provisions of Texas Local Government Code, Subchapter C of Chapter 271, as amended (the "Act"), for the purpose of paying contractual obligations to be incurred for (i) constructing, renovating, equipping, and improving various City streets, including drainage, landscaping, curbs, gutters, sidewalks, entryways, signage, lighting and traffic signalization incidental thereto and the acquisition of land and rights- of-way therefor, (ii) acquiring fleet vehicles and equipment for various City departments, including fire/emergency services department and public works department, (iii) constructing, renovating and improving City facilities, (iv) constructing, acquiring, purchasing, renovating, enlarging, equipping, and improving the City's water and sewer system facilities, including the acquisition of land and rights-of-way therefor, (v) constructing, improving and equipping the City's golf course and related infrastructure and facilities, and (vi) professional services rendered in relation to such projects and the financing thereof (collectively such purposes are referred to herein as the "Project"); and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in accordance with the provisions of the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The City Secretary or the Assistant City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation in one or more series in a principal amount not to exceed $9,850,000, for the purpose of paying contractual obligations to be incurred for the Project; such certificates to be payable from ad valorem taxes and a limited pledge of the net revenues derived from the operation of the City's combined Waterworks and Sewer System. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2. The City Secretary or the Assistant City Secretary shall cause the aforesaid notice to be published (i) in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to Resolution No. 2019-039 Page 1 of 3 be at least forty-six (46) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation and (ii) continuously on the City's website for at least forty-five (45) days before the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 3. This Resolution shall take effect and be in full force and effect from and after the date of its adoption, and it is so resolved; and all Resolutions of the City Council of the City in conflict herewith are hereby amended or repealed to the extent of such conflict. PASSED AND APPROVED on this 23rd day of September, 2019. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Mark C. Mills, Director of Finance Resolution No. 2019-039 Page 2 of 3 EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF NORTH RICHLAND HILLS, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2019 TAKE NOTICE that the City Council of the City of North Richland Hills, Texas, shall convene at 7.00 o'clock P.M. on the 12th day of November, 2019, at the City Hall, 4301 City Point Drive, North Richland Hills, Texas, and, during such meeting, the City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation, in one or more series, in an amount not to exceed $9,850,000, for the purpose of paying contractual obligations to be incurred for (i) constructing, renovating, equipping, and improving various City streets, including drainage, landscaping, curbs, gutters, sidewalks, entryways, signage, lighting and traffic signalization incidental thereto and the acquisition of land and rights-of-way therefor, (ii) acquiring fleet vehicles and equipment for various City departments, including fire/emergency services department and public works department, (iii) constructing, renovating and improving City facilities, (iv) constructing, acquiring, purchasing, renovating, enlarging, equipping, and improving the City's water and sewer system facilities, including the acquisition of land and rights-of- way therefor, (v) constructing, improving and equipping the City's golf course and related infrastructure and facilities, and (vi) professional services rendered in relation to such projects and the financing thereof; such certificates to be payable from ad valorem taxes and a limited pledge of the net revenues of the City's combined Waterworks and Sewer System. In accordance with Texas Local Government Code Section 271.049, (i) the current principal amount of all of the City's outstanding public securities secured by and payable from ad valorem taxes is $121,140,000; (ii) the current combined principal and interest required to pay all of the City's outstanding public securities secured by and payable from ad valorem taxes on time and in full is $149,692,262; (iii) the estimated combined principal and interest required to pay the certificates of obligation to be authorized on time and in full is $12,179,807; (iv) the maximum interest rate for the certificates may not exceed the maximum legal interest rate; and (v) the maximum maturity date of the certificates to be authorized is February 15, 2039. The certificates are to be issued, and this notice is given, under and pursuant to the provisions of Texas Local Government Code, Subchapter C of Chapter 271, as amended. Alicia Richardson, City Secretary City of North Richland Hills, Texas Resolution No. 2019-039 Page 3 of 3 k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2019 SUBJECT: Consider Reimbursement Resolution No. 2019-040 for the Fiscal Year 2019/2020 Capital Improvement Program and associated equipment and services in an amount not to exceed $9,850,000. PRESENTER: Mark C. Mills, Director of Finance SUMMARY: The 2019/2020 Capital Projects Budget includes items to be funded with certificates of obligation. The City Council is requested to consider approval of a reimbursement resolution. Approving a reimbursement resolution for these items allows the bidding and awarding of contracts before receipt of the bond proceeds. GENERAL DESCRIPTION: In order to reimburse expenditures with the proceeds of future debt, a resolution must be approved authorizing such reimbursement. The Council typically passes at least one reimbursement resolution each year. There were three reimbursement resolutions passed in Fiscal Year 2018/2019. • October 8, 2018 FY2018/2019 Adopted Capital Budget $7,920,000 • January 14, 2019 Budget Amendment — Fire Aerial Apparatus $1,296,825 • April 8, 2019 Budget Amendment — Iron Horse Golf Course $3,385,000 Since the two budget amendments will be included as part of the next issuance, which covers Fiscal Year 2019/2020 capital projects funded through the issuance of debt, they are referenced in this resolution as well. The reimbursement resolution itself does not authorize the issuance of bonds; it only stipulates that any expenses made before the bond sale may be reimbursed with bond proceeds. Any interim funding required will be appropriated from existing reserves and will be repaid upon receipt of the bond proceeds. The debt is expected to be sold in the Fall of 2019. Thirteen (13) capital projects utilizing Certificates of Obligation ("CO's") as a funding source have been identified for Fiscal Year 2019/2020. The total amount of debt for these projects, including issuance cost, is estimated at $9,850,000. k4FItH NORTH RICHLAND HILLS The reimbursement resolution prepared for Council approval includes the projects and equipment contained in the following table: Debt Taxableor Project Project Type Tax-Exempt Type Number Description Amount CO Tax Exempt Streets ST2005 Northeast Parkway/Davis Traffic Signal $380,000 CO Tax Exempt Fleet FS1912 Fire Truck Replacement(1) $985,000 CO Tax Exempt Fleet FS2001 Ambulance Replacement $335,000 CO Tax Exempt Fleet FS2002 Backhoe Replacement $140,000 CO Tax Exempt Fleet FS2003 Backhoe Replacement $140,000 CO Tax Exempt Fleet FS2007 Front-End Loader Replacement $220,000 CO Tax Exempt Fleet FS2008 Front-End Loader Replacement $220,000 CO Tax Exempt Facilities FC2001 Carpet Replacement-Library $320,000 CO Tax Exempt Utility UT2004 24"Wastewater Main Replacement $1,255,000 CO Tax Exempt Utility UT2008 Conn Pump Station Pump/Electric Rehab $1,500,000 CO Tax Exempt Utility UT2002 Misc.Water/Sewer Main Replacement $445,000 CO Tax Exempt Utility UT2001 Small Water Main Replacement $440,000 CO Taxable Golf Course GC1901 Iron Horse Golf Course Improvements $3,285,000 Sub Total $9,665,17pa Est. Issuance Cost $185,000 TOTAL $9,850,000 Previously included in Resolution No.2019-004 (January 14, 2019) (2) Previously included in Resolution No.2019-019 (April 8, 2019) RECOMMENDATION: Approve Resolution No. 2019-040. RESOLUTION NO. 2019-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, AUTHORIZING REIMBURSEMENT OF CAPITAL EXPENDITURES WITH RESPECT TO PROCEEDS OF DEBT HEREAFTER TO BE INCURRED. WHEREAS, the City of North Richland Hills, Texas (the "Issuer") intends to issue debt, in one or more series, for (i) constructing, renovating, equipping, and improving various City streets, including drainage, landscaping, curbs, gutters, sidewalks, entryways, signage, lighting and traffic signalization incidental thereto and the acquisition of land and rights-of-way therefor, (ii) acquiring fleet vehicles and equipment for various City departments, including fire/emergency services department and public works department, (iii) constructing, renovating and improving City facilities, (iv) constructing, acquiring, purchasing, renovating, enlarging, equipping, and improving the City's water and sewer system facilities, including the acquisition of land and rights-of-way therefor, (v) constructing, improving and equipping the City's golf course and related infrastructure and facilities, and (vi) professional services rendered in relation to such projects and the financing thereof (collectively such purposes are referred to herein as the "Project") WHEREAS, the City of North Richland Hills, Texas further intends to make certain capital expenditures with respect to the Project and currently desires and expects to reimburse capital expenditures with proceeds of such debt; and WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt and taxable obligations, the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt and taxable obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: SECTION 1. The Recitals set forth above in this Resolution are found to be true and accurate and are hereby incorporated into this Resolution for all purposes. SECTION 2. The Issuer reasonably expects to reimburse capital expenditures with respect to the Project with proceeds of debt hereafter to be Resolution No. 2019-040 Page 1 of 3 incurred by the Issuer and that this Resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $9,850,000. AND SO IT IS RESOLVED. PASSED AND APPROVED this the 23rd day of September, 2019. CITY OF NORTH RICHLAND HILLS, TEXAS Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Mark C. Mills, Director of Finance Resolution No. 2019-040 Page 2 of 3 EXHIBIT A PROJECTS INCLUDED IN REIMBURSEMENT RESOLUTION (collectively, the "Project'g Debt Taxable or Project Project Type Tax-Exempt Type Number Description Am©wnt CO Tax Exempt Streets ST2005 Northeast Parkway/Davis Traffic Signal $380,000 CO Tax Exempt Fleet FS1912 Fire Truck Replacement $985,000 CO Tax Exempt Fleet FS2001 Ambulance Replacement $335,000 CO Tax Exempt Fleet FS2002 Backhoe Replacement $140,000 CO Tax Exempt Fleet FS2003 Backhoe Replacement $140,000 CO Tax Exempt Fleet FS2007 Front-End Loader Replacement $220,000 CO Tax Exempt Fleet FS2008 Front-End Loader Replacement $220,000 CO Tax Exempt Facilities FC2001 Carpet Replacement-Library $320,000 CO Tax Exempt Utility UT2004 24"Wastewater Main Replacement $1,255,000 CO Tax Exempt Utility UT2008 Conn Pump Station Pump/Electric Rehab $1,500,000 CO Tax Exempt Utility UT2002 Misc.Water/Sewer Main Replacement $445,000 CO Tax Exempt Utility UT2001 Small Water Main Replacement $440,000 CO Taxable Golf Course GC1901 Iron Horse Golf Course Improvements $3,285,000 Sub Total $9,665,000 Est. Issuance Cost $185,000 TOTAL. $9 50,000 Resolution No. 2019-040 Page 3 of 3 k4FItH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2019 SUBJECT: Consider Resolution No. 2019-041 establishing the 2020 Capital Program Advisory Committee and appointing members to such committee. PRESENTER: Paulette Hartman, Deputy City Manager SUMMARY: The 2020 Capital Program Advisory Committee is being formed to review citywide infrastructure needs, recommended improvements and funding methods. GENERAL DESCRIPTION: The 2020 Capital Program Advisory Committee will serve as an advisory committee of residents of North Richland Hills to make recommendations to the City Council in matters regarding future infrastructure needs. The charge of this committee will be to advise the City Council on the infrastructure needs, make recommendations on necessary improvements, the timing of the improvements, and whether a bond election is necessary to fund the recommended improvements. Duties: • The Committee will serve at the will and direction of City Council • The Committee's primary objectives are to- o Review future infrastructure needs o Recommend infrastructure projects to be completed o Advise on timing of projects, short term and long term o Recommend level and sources of funding for infrastructure projects o Advise if a bond election is recommended o Recommend timing of a bond election • The Committee will be advisory in nature and will not have the authority to perform any administrative function on behalf of the city nor direct NRH city staff to expend any funds or make requests that require excessive staff time without City Council approval. Qualifications: The 2020 Capital Program Advisory Committee is made up of forty three (43) Members, one (1) Chairperson, and one (1) Vice Chairperson. The Chairperson and Vice Chairperson will be appointed by City Council. In order to serve on this Committee, members must meet the following qualifications: • Two (2) members shall be members of the North Richland Hills City Council • Two (2) members shall be members of the Planning and Zoning Commission k4FItH NORTH RICHLAND HILLS • Two (2) members shall be members of the Parks & Recreation Board • The remaining thirty seven (37) members will be members at large made up of residents of the City of North Richland Hills • All members must be appointed by the City Council Meetings: The 2020 Capital Program Advisory Committee will meet twice in October, twice in November, once in December and twice in January. Dates of the meetings will be scheduled based on the availability of members. Meetings after January 2020 may be scheduled as needed. Based on input received from the City Council during the Work Session of September 9, 2019, the following individuals are nominated for appointment to the 2020 Capital Program Advisory Committee- 1. Scott Turnage (Chairperson) 2. Suzy Compton (Vice Chairperson) 3. Lauren Birkes 4. Bonnie Woody 5. Dr. Justin Paeltz 6. Jennifer Childs 7. Marc Trevino 8. Patrick Faram 9. Justin Welborn 10.Sarah Olvey 11.Jason Winans 12.Amy Steele 13.Bryan Beck 14.Cole Coulson 15.Greg Hoffa 16.Jay (Jimmy) Housewright 17.Jeremy Vaughan 18.Leslie Garvis 19.Scott Maze 20.Tracye Tipps 21.Bobby (Robert) Coulson 22.Jimmy Grant 23.John Cope 24.Karen Russell 25.Len Wade 26.Michael Gist 27.Mindy Monroe 28.MiShon Landry 29.Robert Copeland k4FItH NORTH RICHLAND HILLS 30.Russell Mitchell 31.Carol Anderson 32.David Wallace 33.George Acosta 34.Greg Clifton 35.Gayle Hale 36.Jeanne Arnold 37.Jim Schooler 38.Kathy Hudson 39.Kit Buschman 40.Tracey Driver 41.David Newhouse 42.Henry Seal 43.Irene Gearhart Each of these individuals meets the qualifications set for this Committee and has shown a willingness to be involved. RECOMMENDATION: Approve Resolution No. 2019-041. RESOLUTION NO. 2019-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS ESTABLISHING A 2020 CAPITAL PROGRAM ADVISORY COMMITTEE AND APPOINTING MEMBERS TO SAID COMMITTEE; ESTABLISHING TERMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council appoints members of the public to serve on various boards, commissions, and committees; and WHEREAS, it is the desire of City Council to review the list of major infrastructure projects necessary over the next 10 (ten) years for the City of North Richland Hills; and WHEREAS, a 2020 Capital Program Advisory Committee can help improve the City and shape the future of North Richland Hills by providing input, ideas and consensus on various infrastructure questions facing the City; and WHEREAS, City Council desires to appoint members of City Council, the Planning & Zoning Commission, the Parks & Recreation Board, and the community at large to the 2020 Capital Program Advisory Committee; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. A 2020 Capital Program Advisory Committee is hereby established which shall consist of forty three (43) members. Two (2) members of the Committee shall be members of City Council, two (2) members shall be members of the Planning and Zoning Commission, two (2) members shall be members of the Parks & Recreation Board, and thirty seven (37) members shall be appointed from the community at large. The members of said Committee shall serve for the duration of the Committee's charge as defined herein. Vacancies shall be filled by the City Council. Members of the Committee may be removed by the Mayor with the consent of the City Council for absenteeism, conduct, or other reasons. SECTION 2. A Committee Chairperson and Vice-Chairperson shall be appointed by City Council. SECTION 3. The Committee shall meet up to twice monthly for no longer than six consecutive months beginning October 2019. A quorum for any meeting of the Committee shall be a majority of the members. SECTION 4. The Committee shall keep minutes of its proceedings which shall be public record. The Committee shall serve without compensation. SECTION 5. The 2020 Capital Program Advisory Committee shall recommend projects to be completed, timing on implementing projects, levels of funding, sources Resolution No. 2019-041 Page 1 of 3 of funding, if bond elections are recommended, and the timing of bond elections related to infrastructure projects. SECTION 6. The Committee shall be responsible to and act as an advisory body to the City Council, and shall have and perform such additional duties as may be prescribed by this resolution or separate resolution. SECTION 7. The following members have been submitted for nomination and approved by a majority of the City Council. Two (2) City Council Members 1. Scott Turnage, Chair 2. Suzy Compton, Vice Chair Two (2) Planning & Zoning Commission Members 3. Justin Welborn 4. Sarah Olvey Two (2) Parks Board Members 5. Russell Mitchell 6. Tracye Tipps Thirty (37) Members-at-Large 1. Lauren Birkes 2. Bonnie Woody 3. Dr. Justin Paeltz 4. Jennifer Childs 5. Marc Trevino 6. Patrick Faram 7. Jason Winans 8. Amy Steele 9. Bryan Beck 10.Cole Coulson 11.Greg Hoffa 12.Jay (Jimmy) Housewright 13.Jeremy Vaughan 14.Leslie Garvis 15.Scott Maze 16.Bobby (Robert) Coulson 17.Jimmy Grant 18.John Cope 19.Karen Russell 20.Len Wade 21.Michael Gist 22.Mindy Monroe 23.MiShon Landry 24.Robert Copeland 25.Carol Anderson 26.David Wallace Resolution No. 2019-041 Page 2 of 3 27.George Acosta 28.Greg Clifton 29.Gayle Hale 30.Jeanne Arnold 31.Jim Schooler 32.Kathy Hudson 33.Kit Buschman 34.Tracey Driver 35.David Newhouse 36.Henry Seal 37.Irene Gearhart APPROVED and EFFECTIVE this the 23rd day of September, 2019. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Paulette Hartman, Deputy City Manager Resolution No. 2019-041 Page 3 of 3 r4RH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: September 23, 2019 SUBJECT: Announcements PRESENTER: 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: The NRH Animal Adoption & Rescue Center invites you to their annual Doggie Beach Bash at NRH2O Family Water Park this Saturday, September 28. Admission is $20 per person including up to two dogs, with proceeds benefiting the animal shelter. Visit our website to buy tickets and get more information. Grab a book for a bargain at the Library's annual book sale! There will be something for everyone including adult and children's fiction, non-fiction, audio books, CDs, DVDs, and more. The sale will be held Friday, October 4 through Monday, October 7. You can find complete details on the library's website. Join us for a free concert and laser light show on Saturday, October 5 at NRH City Hall Plaza. The Journey tribute band Escape will take the stage starting at 7 p.m. Admission and parking are free. Food trucks will be on-site. Seating will be on the lawn, so bring your blankets and lawn chairs. Visit our website or contact the Parks Department for more information. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Meagan Fendley and Trish Watson in Consumer Health — The manager for an area chain restaurant expressed appreciation for the guidance that Meagan and Trish have provided. He said they take time to teach his staff and make their operation better. Because of this, his stores have the best health scores in their region. He is thankful for the attention to detail and extra effort NRH Consumer Health staff provides.