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Home My WebLink AboutPZ 2023-10-05 Agendas t4RH NOKTH RICH�AND HILL CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 THURSDAY, OCTOBER 5, 2023 WORK SESSION: 6:30 PM Held in the City Council Work Room, Third Floor A. CALL TO ORDER 1. Planning irector report 2. Presentation by staff on items from the regular Planning and Zoning Commission meeting. REGULAR MEETING: Immediately following worksession (but not earlier than 7:00 pm) Held in the City Council Chamber, Third Floor A. CALL TO ORDER A.1 PLEDGE A.2 PUBLIC COMMENTS An opportunity for citizens to address the Planning and Zoning Commission on matters which are scheduled on this agenda for consideration by the Commission, but not scheduled as a public hearing. In order to address the Planning and Zoning Commission during public comments, a Public Meeting Appearance Card must be completed and presented to the recording secretary prior to the start of the Planning and Zoning Commission meeting. Thursday, October 5, 2023 Planning and Zoning Commission Agenda Page 1 of 3 B. MINUTES Approve Minutes ofthe September 1, 03, Planning and Zoning Commission C. PLANNING AND DEVELOPMENT C.1 PLAT23-0048 Consideration of a request from Convergence Capital for a 2 acres located in the 9000 block of Mid-Cities Boulevard. D. PUBLIC HEARINGS D.1 ZC23-0061 Public hearinq and consideration of a request from Pharaoh Inc. for a special use permit for a non-traditional smoking business at 7653 Boulevard 26 being 2.8 acres described a Block 1 North Hills Village. D.2 ZC23-0075 Public hearing and consideration of a request from Global Signs, Inc. for a revision to a planned development at 5100 Davis Bo2!gvard, being 0.53 acres described as Lot_1R, Block 18 Clear View Addition. D.3 ZC23-0079Public hearing and consideration of a request from Eric Curtis for a revision to a ®P ( eevelopment Planned Development) at 3300 Starnes Roa,d,..............being 0,.,54,,.acres described as Lot AR2, Block 2, Crestwood Estates Addition. EXECUTIVE SESSION The Planning and Zoning Commission may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the Planning and Zoning Commission to seek advice from the city attorney (551.071) as to the posted subject matter of this Planning and Zoning Commission meeting. The Planning and Zoning Commission may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 , Texas Government Code. E. ADJOURNMENT Thursday, October 5, 2023 Planning and Zoning Commission Agenda Page 2 of 3 CERTIFICATION I do hereby certify that the above notice of meeting of the North Richland Hills Planning and Zoning Commission was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Friday, September 29, 2023, by 5:00 PM. Emily Marlow Planning Technician This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Thursday, October 5, 2023 Planning and Zoning Commission Agenda Page 3 of 3 "I r*4W NOLa`C`H KIC"HLAND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM FROM: Planning & Zoning Department DATE: October 5, 2023 SUBJECT: Planning Director Report PRESENTER: Clayton Comstock, Planning Director GENERAL DESCRIPTION: Staff will report on general announcements related to upcoming events, development activity in North Richland Hills, recent City Council action, and items of general interest to the Commission. "I r*4W NOLa`C`H KIC"HLAND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM FROM: Planning & Zoning Department DATE: October 5, 2023 SUBJECT: Presentation by staff on items from the regular Planning and Zoning Commission meeting. PRESENTER: Clayton Comstock, Planning Director SUMMARY: The purpose of this item is to allow the Planning and Zoning Commission the opportunity to ask questions regarding any item on the regular Planning and Zoning Commission agenda. GENERAL DESCRIPTION: The purpose of this item is to allow the Planning and Zoning Commission the opportunity to inquire about items that are posted for discussion and deliberation on the regular Planning and Zoning Commission agenda. The Commission is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular agenda. Applicants and members of the public will be provided an opportunity to speak on agenda items and public hearings during the regular session. "K NOKTH KICHLAND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM FROM: Planning & Zoning Department DATE: October 5, 2023 SUBJECT: Approve Minutes of the September 21, 2023, Planning and Zoning Commission meetings. PRESENTER: Clayton Comstock, Planning Director SUMMARY: The minutes are approved by majority vote of the Commission at the Planning and Zoning Commission meetings. GENERAL DESCRIPTION: The Planning and Zoning Office prepares action minutes for each Planning and Zoning Commission meeting. The minutes from each meeting are placed on a later agenda for review and approval by the Commission. Upon approval of the minutes, an electronic copy is uploaded to the City's website. RECOMMENDATION: Approve Minutes of the September 21, 2023, Planning and Zoning Commission meetings. 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 21, 2023 WORK SESSION: 6:30 PM A. CALL TO ORDER The Planning and Zoning Commission of the City of North Richland Hills, Texas met in work session on the 21 st day of September 2023 at 6.30 p.m., prior to the 7.00 p.m. regular Planning and Zoning Commission meeting in the City Council Workroom. Present: Justin Welborn Chair, Place 1 Jared Ross Secretary, Place 3 Jay Riscky Place 2 Jayashree Narayana Place 5 Anthony Bridges Place 6 Brianne Goetz Place 7 Kathy Luppy Ex-Officio Absent: Greg Stamps Vice Chair, Place 4 Staff Members: Clayton Comstock Planning Director Clayton Husband Principal Planner Chad VanSteenberg Planner Emily Marlow Planning Technician Nathan Frohman City Engineer Craig Hulse Director of Economic Development Chair Welborn called the work session to order at 6.30 p.m. 1 PLANNING DIRECTOR REPORT Planning Director Clayton Comstock presented the city announcements, and summarized recent City Council actions. September 21, 2023 Planning and Zoning Commission Meeting Minutes Page 1 of 12 2 DISCUSS ITEMS FROM THE REGULAR PLANNING AND ZONING COMMISSION MEETING Planning Director Clayton Comstock discussed items on the regular meeting agenda. REGULAR MEETING: Immediately following worksession (but not earlier than 7:00 pm) A. CALL TO ORDER Chair Welborn called the meeting to order at 7.16 p.m. Present: Justin Welborn Chair, Place 1 Jared Ross Secretary, Place 3 Jay Riscky Place 2 Jayashree Narayana Place 5 Anthony Bridges Place 6 Brianne Goetz Place 7 Kathy Luppy Ex-Officio Absent: Greg Stamps Vice Chair, Place 4 Staff Members: Clayton Comstock Planning Director Clayton Husband Principal Planner Chad VanSteenberg Planner Emily Marlow Planning Technician Nathan Frohman City Engineer Craig Hulse Director of Economic Development A.1 PLEDGE Ex-Officio Luppy led the Pledge of Allegiance to the United States and Texas flags. A.2 PUBLIC COMMENTS There were no requests to speak from the public. B. MINUTES B.1 APPROVE MINUTES OF THE AUGUST 17, 2023, PLANNING AND ZONING COMMISSION MEETING. September 21, 2023 Planning and Zoning Commission Meeting Minutes Page 2 of 12 APPROVED A MOTION WAS MADE BY COMMISSIONER BRIDGES, SECONDED BY COMMISSIONER GOETZ TO APPROVE MINUTES OF THE AUGUST 17, 2023, PLANNING AND ZONING COMMISSION MEETING. MOTION TO APPROVE CARRIED 5-0-1, WITH COMMISSIONER NARAYANA ABSTAINING. C. PUBLIC HEARINGS C.3 ZC23-0069 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THE REDINGER GROUP, LLC FOR A REVISION TO A PLANNED DEVELOPMENT AT 6716 STARDUST DRIVE, BEING 2.88 ACRES DESCRIBED AS TRACT 1A2, JOHN C. YATES SURVEY, ABSTRACT 1753. APPROVED WITH CONDITIONS Chair Welborn introduced the item, opened the public hearing, 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. Curtis Young, Sage Group, 1130 N Carroll Avenue, Southlake, presented the request. Mr. Young discussed the previous approval of the planned development in August 2022 and how the approved site plan was affected by the discovery of a gas line easement at the south end of the property. Mr. Young discussed the details of the updated site plan and the changes made to accommodate the easement. Chair Welborn and Mr. Young clarified that there is not currently a builder involved with the project. Chair Welborn and Chase Medford, Somerik Realty, 1713 Little Deer Lane, Fort Worth, Texas discussed the house elevations provided and the dimensions of the houses. Chair Welborn, Commissioner Goetz, and Mr. Young discussed the mix of two-story and single-story homes. September 21, 2023 Planning and Zoning Commission Meeting Minutes Page 3 of 12 Commissioner Narayana and Mr. Young discussed the garage setback and the location of sidewalks on the central lots. Chair Welborn and Commissioner Narayana discussed the effect of the garage setback on the square footage of the houses. Commissioner Goetz clarified that the sidewalks are four feet in width. Chair Welborn called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. Commissioner Ross and Mr. Comstock discussed the location of a fenced Atmos area and how this would affect the homeowner on the southeast corner of the property, and discussed the location of a stop sign to control the traffic flow out to Stardust Drive and the emergency access to the property. Commissioner Goetz and Mr. Comstock discussed the availability of public parking on Stardust Drive. 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. Commissioner Narayana discussed possible reductions in the front setback to allow deeper pad area and setbacks for the garage. Chair Welborn discussed the walkability of the neighborhood and the effects of the garage setbacks. Commissioner Ross stated that he agreed with adding a condition to require sidewalk access for the center lots to the open space sidewalk but did not believe the setbacks on all the lots should be adjusted. Commissioner Goetz stated her support for the proposal due to the difficulty imposed by the layout of the lot. September 21, 2023 Planning and Zoning Commission Meeting Minutes Page 4 of 12 A MOTION WAS MADE BY COMMISSIONER ROSS, SECONDED BY COMMISSIONER GOETZ TO APPROVE ZC23-0069 WITH THE CONDITION THAT SIDEWALK ACCESS BE REQUIRED BETWEEN THE CENTRAL HOMES AND OPEN SPACE SIDEWALKS. MOTION TO APPROVE CARRIED 6-0. CA ZC23-0073 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THE SOCIETY OF SAINT PIUS X OF FORT WORTH INC. FOR A ZONING CHANGE FROM R-7-MF (MULTIFAMILY) AND C-1 (COMMERCIAL) TO U (INSTITUTIONAL) AT 3900 SCRUGGS DRIVE, BEING 0.69 ACRES DESCRIBED AS LOTS 5K, 6K, AND 19K, CALLOWAY ACRES ADDITION. APPROVED Chair Welborn introduced the item and stated that Commissioner Riscky had a conflict of interest for item CA and would recuse himself from discussion and deliberation of the request. He stated an affidavit of disqualification has been filed with the City Secretary's Office. Commissioner Riscky left the Chamber at 7.46 p.m. Chair Welborn introduced the item, opened the public hearing, and called for Principal Planner Clayton Husband to introduce the item. Chair Welborn called for the applicant to present the request. Paul Banschbach, 5917 Trail Marker Court, Fort Worth, Texas, presented the request. Mr. Banschbach discussed the history of the property and future plans for the site. He stated that the church hopes to start a school onsite and may sell the property in the future. Commissioner Ross and Mr. Banschbach discussed the ownership of the adjacent property. Chair Welborn called for Mr. Husband to present the staff report. Mr. Husband presented the staff report. Commissioner Narayana and Mr. Husband discussed the platting status of the property and the need for replatting the property in the future. September 21, 2023 Planning and Zoning Commission Meeting Minutes Page 5 of 12 Chair Welborn called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Chair Welborn closed the public hearing. A MOTION WAS MADE BY COMMISSIONER BRIDGES, SECONDED BY COMMISSIONER NARAYANA TO APPROVE ZC23-0073. MOTION TO APPROVE CARRIED 5-0-1, WITH COMMISSIONER RISCKY ABSTAINING. C.2 ZC23-0074 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JASON HAYNIE FOR A SPECIAL USE PERMIT FOR A PERMANENT ACCESSORY BUILDING AND AN ACCESSORY DWELLING UNIT AT 7409 BURSEY ROAD, BEING 2.784 ACRES DESCRIBED AS LOT 8, BLOCK 1, GREEN VALLEY COUNTRY ESTATES. APPROVED WITH CONDITIONS Commissioner Riscky returned to the Chamber at 7:55 p.m. Chair Welborn introduced the item, opened the public hearing, and called for Principal Planner Clayton Husband to introduce the item. Chair Welborn called for the applicant to present the request. Jason Haynie, 7409 Bursey Road, North Richland Hills, Texas, presented the request. He discussed the prior improvements made to the property and the existing accessory building. Mr. Haynie stated that he has intended to convert this building into an accessory dwelling unit since purchasing the property. He discussed his plan to construct a second accessory building for use as a hobby shop and storage space. He also discussed the design of the two buildings and the variances requested for the units including roof pitch and separate electric meter for the accessory building. Commissioner Ross and Mr. Haynie discussed plans for a driveway to the rear accessory building. Commissioner Narayana and Mr. Haynie discussed the size of the primary residence and the accessory dwelling unit. September 21, 2023 Planning and Zoning Commission Meeting Minutes Page 6 of 12 Chair Welborn called for Mr. Husband to present the staff report. Mr. Husband presented the staff report. Commissioner Ross and Mr. Husband clarified that the applicant could construct a driveway to the permanent accessory building with a paving permit at any time after the building was constructed. Commissioner Narayana and Mr. Husband discussed the comparison of the square footage of the primary residence and the accessory buildings. Commissioner Goetz and Mr. Husband discussed the height of the permanent accessory building and its location in relation to the surrounding houses. Commissioner Narayana, Mr. Husband, and Mr. Haynie discussed how the trees on the property would be affected by construction of the accessory building. Mr. Haynie stated that he selected the location to maintain as many trees as possible and to maintain the neighbor's privacy. 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. A MOTION WAS MADE BY COMMISSIONER ROSS, SECONDED BY COMMISSIONER BRIDGES TO APPROVE ZC23-0074 WITH THE ALLOWANCE FOR A SEPARATE ELECTRIC METER FOR THE PERMANENT ACCESSORY BUILDING. MOTION TO APPROVE CARRIED 6-0. C.4 ZC23-0081 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM KIMLEY HORN AND ASSOCIATES FOR A SPECIAL DEVELOPMENT PLAN FOR A NEW SMITHFIELD MASONIC LODGE BUILDING AT 6820-6828 MICKEY COURT, BEING 0.82 ACRES DESCRIBED AS LOTS 13-15, BLOCK 3, WE ODELL ADDITION. CONTINUED Chair Welborn introduced the item, opened the public hearing, and called for Planning Director Clayton Comstock to introduce the request. Mr. Comstock introduced the request. September 21, 2023 Planning and Zoning Commission Meeting Minutes Page 7 of 12 Chair Welborn called for the applicant to present the request. Josh Eames, Presidium, 3100 McKinney Avenue, Suite 250, Dallas, Texas, presented the request. Mr. Eames discussed the approval of the Presidium project and the impact of this project on the existing Smithfield Masonic Lodge. He discussed Presidium's collaboration with city staff and the Lodge members to design a new building. Mr. Eames discussed the design of the new building and the construction of the private drive from Northeast Parkway to Mickey Street. Brandon Arnold, 6402 Kinshire Court, Colleyville, Texas, discussed the history of the Smithfield Masonic Lodge, the values the Freemasons, and the service and volunteer work done by the Smithfield Lodge. He discussed the hours that the lodge is open, the date of meetings and events, and the attendance at these events. Commissioner Ross and Mr. Arnold discussed the Lodge's collaboration with Presidium. Chair Welborn and Mr. Arnold discussed the Lodge's move from Main Street. Chair Welborn called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. Chair Welborn and Mr. Eames discussed the location and screening of mechanical equipment on the building. Commissioner Goetz and Mr. Comstock discussed the requested waiver from the masonry screening wall requirement to allow a wood fence. Commissioner Ross and Mr. Comstock discussed the private drive from Northeast Parkway to Mickey Street and the maintenance of and access to the drive. Commissioner Ross and Mr. Comstock discussed the possibility of extending the sidewalk north from Northeast Parkway along Davis Boulevard. Commissioner Narayana and Mr. Comstock discussed the number of proposed parking spaces and the design of the existing building on Main Street. Commissioner Narayana and Larry Williams, Kimley-Horn and Associates, 13455 Noel Road, Dallas, Texas, discussed the grading of the property and the location of the proposed retaining wall on the property. September 21, 2023 Planning and Zoning Commission Meeting Minutes Page 8 of 12 Commissioner Narayana discussed her concerns with locating the Lodge building within the TOD as it does not meet the standards of the district. Commissioner Riscky stated his desire for the Lodge building to be visible and stated the Lodge should be able to make design decisions since they have to move to accommodate new development. Chair Welborn discussed his concerns with the landscaping of the property and the loss of trees. He stated the sidewalk along the private drive should continue down to Northeast Parkway to promote Safe Routes to School. Commissioner Ross stated his concerns about the street being used as parking for Smithfield Elementary. Chair Welborn called for anyone wishing to speak for or against the request to come forward. Jackie Hamon, 8025 Mickey Street, North Richland Hills, Texas, spoke in opposition to the request. Mrs. Hamon stated her concerns about the access to Mickey Street due to the narrow width of the street. She stated that the street would be used as a cut through and that it would not be able to accommodate increased traffic. There being no one else wishing to speak, Chair Welborn closed the public hearing. Commissioner Ross and Mr. Comstock discussed the possibility of the private drive being constructed as a cul de sac and the connection to Mickey Street contemplated on the previously adopted plan. Commissioner Ross and Mr. Comstock discussed the intent of dead end streets and how these streets affect turn-around traffic. Chair Welborn discussed waivers in past special development plan requests and how these fit into the TOD district. He stated that he did not think that this design belonged in the TOD and he discussed ways to modify the elevation and screening to maintain the character of the district. Ex-Officio Luppy stated she understands the neighbor's concerns but thinks the Masonic Lodge needs some flexibility since they must move from their location. She stated the building does not meet architectural design standards for the TOD and the September 21, 2023 Planning and Zoning Commission Meeting Minutes Page 9 of 12 design needs updating to fit the character of the district. Chair Welborn stated that he does think there will be additional cut through traffic on Mickey Street during school hours but that the connection is important and should be included in the plan. Chair Welborn and Commissioner Narayana discussed her suggested revisions to the site plan to align the development more with the TOD code. Mr. Eames discussed the partnership between the City and Presidium for redeveloping Main Street. Mr. Eames also discussed the design features on the site that were requested by the Lodge. Commissioner Goetz stated that she likes the design of the building as it stands out in the TOD and maintains the history of the Lodge. Commissioner Riscky, Commissioner Narayana, and Commissioner Goetz discussed the possibility of angled-in street parking along the private drive. Commissioner Goetz stated that she supports the plan but does not support the waiver from the masonry screening requirement. A MOTION WAS MADE BY COMMISSIONER RISCKY, SECONDED BY COMMISSIONER ROSS, TO APPROVE ZC23-0081. MOTION TO APPROVE FAILED 1-5, WITH COMMISSIONER RISCKY VOTING IN FAVOR. Commissioner Ross stated his support for the plan and concerns about the traffic flow and TOD waivers. Chair Welborn and Mr. Comstock discussed the possibility of continuing the request to the next meeting. Commissioner Narayana discussed possible changes to bring the site plan more in line with the TOD Code. Mr. Eames stated that the parking and drop-off area was designed to accommodate older members of the Lodge. September 21, 2023 Planning and Zoning Commission Meeting Minutes Page 10 of 12 Commissioner Goetz stated that her only concern with the plan was the requested waiver to the masonry screening wall requirement. Chair Welborn discussed his concerns with the design of the building and believed a new design could be made to tie in the historic character of the district. Commissioner Ross discussed the possibility of a smaller parking lot, on-street parking, and the addition of traffic calming devices on Mickey Street. Ex-Officio Luppy stated her concerns about the design of the building. Commissioner Bridges stated his concerns about the requested waiver to the masonry screening wall requirement and the traffic impacts of the new connection on Mickey Street. Commissioner Riscky and Mr. Eames discussed the possibility of having a revised site plan developed by the October 5, 2023, meeting. Chair Welborn and Mr. Comstock discussed the possibility of continuing the request to the October 19, 2023, meeting. Commissioner Riscky and Mr. Eames discussed the financing of the lot and the logistics of the land swap. A MOTION WAS MADE BY COMMISSIONER NARAYANA, SECONDED BY COMMISSIONER BRIDGES TO CONTINUE ZC23-0081 TO THE OCTOBER 19, 2023, MEETING. MOTION TO CONTINUE CARRIED 6-0. D. PLANNING AND DEVELOPMENT EXECUTIVE SESSION E. ADJOURNMENT Chair Welborn adjourned the meeting at 9.44 p.m. Justin Welborn, Chair September 21, 2023 Planning and Zoning Commission Meeting Minutes Page 11 of 12 Attest: Jared Ross, Secretary September 21, 2023 Planning and Zoning Commission Meeting Minutes Page 12 of 12 "K NOKTH KICHLAND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM FROM: Planning & Zoning Department DATE: October 5, 2023 SUBJECT: PLAT23-0048 Consideration of a request from Convergence Capital for a final plat of Berry Creek Village Phase 2, being 4.302 acres located in the 9000 block of Mid-Cities Boulevard. PRESENTER: Clayton Husband, Principal Planner SUMMARY: Convergence Capital LLC is requesting approval of a final plat of Berry Creek Village Phase 2. This 4.302-acre development is located in the 9000 block of Mid-Cities Boulevard. GENERAL DESCRIPTION: The property is located on the north side of Mid-Cities Boulevard across from Birdville High School. The site is east of Hawk Avenue and adjacent to a portion of the Brynwyck subdivision. The property is currently vacant. The final plat includes four lots intended for office, restaurant, and retail development. The lots generally range in size from 0.45 acres to 1.408 acres. Construction plans for infrastructure to serve the lots are complete. In addition to water, sanitary sewer, and drainage improvements, the plans include installation of a median opening on Mid-Cities Boulevard to provide access to the property for eastbound traffic. The final plat for phase one was approved by City Council in January 2023, and onsite improvements are under construction. qp Leo _ ., .._ .. ns da, i d ern I f r- I w P r. N e p 1 r r I 1 r! 7 = rwri.sa. t ��k .N �m 'Whl'i4.��N 14— u"�u�. 'V N4N�� LAND USE PLAN: This area is designated on the Land Use Plan as Office Commercial. This designation encourages professional, medical, and administrative offices as well as limited commercial and service establishments that benefit adjacent and nearby residential areas, and in which all business and commerce is conducted indoors. "K NOKTH KICHLAND HILLS CURRENT ZONING: The property is currently zoned C-1 (Commercial). This district is intended to permit a variety of retail trade, personal and business services establishments, and offices. The zoning was approved by City Council on September 24, 2018 (Ordinance 3542). Additionally, City Council approved two special use permits on October 10, 2022, on the property for a quick service restaurant and veterinarian clinic with boarding facilities. Both projects will be starting construction by the end of 2023. TRANSPORTATION PLAN: The development has frontage on the following streets. Right-of-way dedication is not required on the final plat as sufficient right-of-way exists at this location. ME Mid-Cities Boulevard P61D Major Arterial Suburban Commercial 6-lane divided roadway variable right-of-way width SURROUNDING ZONING ( LAND USE: NORTH R-2(Single Family Residential) Single-family residences AG(Agricultural) Low Density Residential Residential estate lots R-1(Single Family Residential) WEST PD(Planned Development) Low Density Residential Single family residences(Brynwyck) LR(Local Retail) Office Commercial Vacant SOUTH U(School,Church, Institutional) Community Services Public school(Birdville High School) EAST C-1(Commercial) Office Commercial Vacant PLAT STATUS: The property is unplatted. A preliminary plat for the property was approved by City Council on October 10, 2022. 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. CITY COUNCIL: The City Council will consider this request at the October 23, 2023, meeting following action by the Planning and Zoning Commission. DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC) recommends approval of the plat subject to the attached DRC comments. These comments include minor revisions to notations and labeling on the drawing and the addition of access, fire lane, and utility easements. RECOMMENDATION: Approve PLAT23-0048 with the conditions outlined in the Development Review Committee comments. ...................... .................................. .................... ............... ................................ .................................................. MARTIN ................................................................................................................. ....... ............ ................. ........... .............................. ................... 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CARDINAL ......................... Prepared by Planning 9/26/2023 -------L-----F----� DISCLAIMER This product is for informational purposes and may not r I I Feet have been prepared for or be suitable for legal,engineering,or surveying 0 112.5 225 450 675 900 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. r<„ iri�r � �ur" 2i�� ui Sul i.'1 i 1i�'. IIII �'_� ai �Ir� ul i uuui Bm aartrecuwr� � 1 li: 1 f I - r T i � � r ,�f r 14iN" .,, rr �i -.� �!t/l ,., w1Am �m�� „. 1 i%i��iG�� / ♦ j//� a � V'd � M ,'� �I a iJ 1 ..,.. � mi.P ,, � .•, � ��Mi�U� ,'� _. ��%/1�i�� r ;%, i fw/Jt" v � i .M r mm y„ y v� �'�� '�'"�'° t'�✓oP %'r ;%�l/� ,�I �r � r/err �r%��;`'Ii -/„ I � ��, A ,// a i ;;.oa ,; 1 wr. " r r l4Fa r ie � ear � as I AU . m ea v 41 n°R°v s, ; I LIP /l/J 0 1134 r i g r m r Iilra�tll�uru.............J Prepared by Planning 9/26/2023 N DISCLAIMER:This product is for informational purposes and may not n Feet have been prepared for or be suitable for legal,engineering,or surveying N 0 112.5 225 450 675 900 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. LOi I TOLIL a R5 ANN OR— LOT 7.M o0 02,4254a4o i N 89ro9Y5"E61]58°oasxo-o-,zau s'0L'o,s P.Pne cne 3aa z sL OE L n- LOT l ,izb, �g.x ,v sz +sen se mr+1 n/I r wL scm. ..-—_ -_ 0.450 ACRE __ ___ __- i 22 195 90 SO.FT. x _ BLOCK A oocs.cx ax°a o.a s.00 necw,z.,�»sasz e III III u'l1 a,.nis°w —Cl n BCK a III io BLOCK A 0 O 4 ox®ms%rw _ r,Ws LOi9 5401 hCRES g ,- e�oY s4ou sorr xx x,��sa>'vr,Ki.ii � � ° w BLOCK A elf »' I `- J o � 1 wr.mm swLorl LOT 't 1 .204 ACRES o 1.408 ACRES 81480 SO.Fi. OCK n 3 fit]]4 SO.Fi n1 P i1 4.xsau. w & $0 8 a -T ### a.ms°w { -LErccr dO=SJ]'28" °,,.catynnnrce •�,.LL W CARES 80OLLE. x CH =S 8548=25"W ra.°mss i IIIII e.llxis°u:+. li P.OB. o os or.uwun».uxr..ao-s n a r e• omcw .... .es as s,.n sm.n •",a a°•••°`•",•"•`•°•_ "`"x•="., ,.. 21 o vl�io I a Q=uaP tnx mamnr.xei..r m rcmrma rd v.w..... 1�1�EW PUIiPSSES ONLY °�• � -',.Y;" "'�" ..,,.e.e. SITE - _ _ B° mA FINAL PLAT OF •^^^auw.m v,"„�xo ox-x,.-,z LOTS'1-4.BLOCKA „ BERRY REEK VILLAGE PHA E 2 h m „a .e .,vR �., ,,.,xx CS EIN �xEi ,,„E, Development Review Committee Comments 1 9/19/2023 NFt6H Case PLAT23-0048 Berry Creek Village (9000 block Mid-Cities Blvd) WRITTEN STATEMENT OF CONDITIONS The City of North Richland Hills received this plat on September 7, 2023. The Development Review Committee reviewed this plat on September 19, 2023.The following represents the written statement of the conditions for conditional approval of the plat. The applicant may submit a written response and revised plat that adequately addresses each condition. See the RESUBMITTAL REQUIREMENTS section below for further information. 1. Add the City Council approval block to the plat. NRH Subdivision Regulations§110-333(Additional requirements for plat drawings-city council approval certification) WHEREAS the City Council of the City of North Richland Hills,Texas, voted affirmatively on this day of ,20e,to approve this plat for filing of record. Mayor,City of North Richland Hills Attest:City Secretary 2. Revise the Planning and Zoning Commission approval block as shown on the marked-up drawing. NRH Subdivision Regulations§110-333(Additional requirements for plat drawings—planning division approval certification) 3. Revise note 6 as shown on the marked-up print.The FIRM number should be 48439CO205L, with a date of March 21, 2019. NRH Subdivision Regulations§110-331(Requirements for all plat drawings—plat notes and conditions) 4. There are revisions and corrections required in the owner's certificate, and these are noted on the marked-up copy of the plat. These should be updated as appropriate. NRHSubdivision Regulations §110-331(Requirements for all plat drawings—metes and bounds description) 5. Extend the 24-foot wide FIRE LANE,ACCESS,WATER&SANITARY SEWER EASEMENT across the northern portions of the lots, as shown on the approved preliminary plat. NRH Subdivision Regulations§110-331 (Requirements for all plat drawings—easements) DESIGN PRINCIPLES The following comments represent suggested modifications to the plat drawing based on general NRH design principles and standard practices in city planning. While conformance to these principles is not required by the subdivision regulations,the applicant is encouraged to include these modifications as part of the revised plat. 1. Add the City case number near the bottom right corner of the drawings (Case PLAT23-0048). 2. Informational comments. These comments are informational only and do not need to be added to the drawing. a. The property will be addressed as follows: o Lot 1: 9005 Mid-Cities Boulevard o Lot 2: 9001 Mid-Cities Boulevard Page 1 of 2 1 PLAT23-0047 o Lot 3: 9009 Mid-Cities Boulevard o Lot 4: 9013 Mid-Cities Boulevard Page 2 of 2 1 PLAT23-0047 LOi g ANN DRIVE Ill 1. ILI, M 00 o2,a25aeao N 89'09YSiE s61]58 ao-s9xc.,smxs wL/m c,ac./nc ��3aa z sL OE F - r z_ n -or r� o z, �`... rN,al rl I I '1 -___ x,w —— i >ax�es r 8 LOT 1 -.d mo 0450 ACRE - o _. - ----- `--o 19590 SOFT @ - — - a. ooc I 1 r,r 1 BLOCK „A La/ 1 LIT,a --- RLaCK A BERRI CREEK 6L0n:" xo ooc F9 RLORK P ;,f 1� a LOT 4 Ij 1 1 of L Y1—ACFRES ____ _ I]5 - If s=Bye — r OFT oc<xo ,,y s�C e xsau. a�' �`P� LT BLOCK A L NI N __ - _ _ -J Q _ ri — �x jc u 1 - — — xo , w LOT 3 LOT 2 1.204 ACRES-- �1 1.408 ACRES - 52460 SOFT. o K oCK n 1 a 61]]4 SO Fi 1 P q - ° g RLROK A RLRRK K RLRCK K w� 'n ., m=5 '28"'3] NO CCRES 80U EVARO R=5]89.58' l,so aaw,vc:.,z.ss.Pc ss, a.s,,.c,. �,F• P.O.B./ ueTw n - CH =5 8548=25"W li CHO=566.10= 1 }a oc�<x 566.]2' _ � n °<, ienr eeem,e nv mee e.a m..a,.,.ex..,lui nd ev x...n,....ea e._...u..,..,e...er.e„stin•m..�sv '��k}�so�R = n - � ,scsno ear -------------- NITI ---------------------------------- RV�EM PWPSSES ONLY p,c . _.. LEE SITE - <ss _ az AFINALPLATOF m.irvsrrwr c,.,.�x.ox_xx_3, LOi5 1-4.6LOGKA BERRY REEK VILLAGE PHA E 2 1 o-m<,xa °c CS ^,°�,ee�sa<,� ��AR,tiKz«KLs a� „ ...mro,e ,„I,K �R m� s =Ig owxw: en ar rvare*n recnL nre1nry .v.exns "K NOKTH KICHLAND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM FROM: Planning & Zoning Department DATE: October 5, 2023 SUBJECT: ZC23-0061 Public hearing and consideration of a request from Pharaoh Inc. for a special use permit for a non-traditional smoking business at 7653 Boulevard 26, being 2.8 acres described as Lot 6, Block 1, North Hills Village. PRESENTER: Clayton Comstock, Planning Director SUMMARY: Pharaoh Inc. is requesting a special use permit for a non-traditional smoking business on 2.8 acres located at 7653 Boulevard 26. GENERAL DESCRIPTION: The property under consideration is located generally at the southwest corner of Boulevard 26 and NE Loop 820. The site is developed as a multi-use shopping center. The applicant proposes to lease and renovate a corner space in a building located adjacent to Boulevard 26 at the intersection of Rodger Line Drive for a nontraditional smoking business. The space was previously occupied by a T-Mobile phone store. The property is zoned C-2 (Commercial). In 2014, the zoning ordinance was amended to create new land use types for cigarette and cigar shops and nontraditional smoking businesses. Both land uses require approval of a special use permit in the C-2 (Commercial) zoning district. A nontraditional smoking related business is defined as a retail establishment whose principal business is the offering of a service relating to, or the selling of, renting or exhibiting of products or devices known as water pipes, hookahs, electronic cigarettes or electronic vaping devices, steam stones, hookah pens, or any comparable devices. The applicant proposes to open a 1,707-square foot retail store that would sell vaping, CBD, and tobacco products; smoking accessories such as water pipes and hookahs; and miscellaneous retail products and phone repair services. Information about the business and a floor plan of the space are attached. The special use permit is for the use, not a particular company requesting the use. Information about the company, however, is available online at II11h it plr�...y „y ca ].g . The company has 14 stores in Alabama. The proposed conditions of approval for this special use permit are attached. Applications for special use permits provide an opportunity to address modifications to specific site development and building design standards for the site. These conditions are based on the applicant's proposed development of the property. These conditions may be modified "K NOKTH KICHLAND HILLS throughout the public hearing process, but they are subject to final approval by City Council. The SUP standards address land use, site improvements, and operational standards for the business. As part of special use permit requests, the Development Review Committee commonly recommends property improvements as a condition of approval. This is intended to address nonconforming features of properties and provide suggested enhancements that would help bring the property closer to compliance with current development standards. The following recommended property improvements are included in the attached conditions of approval. 1. Building and site lighting. Any nonconforming wall pack and flood light fixtures on the building must be replaced with conforming fixtures. The fixtures must comply with the standards contained in Section 118-728 of the zoning ordinance. 2. Refuse container enclosures. Enclosures must be constructed for all refuse containers on the lot. The enclosures must comply with the standards contained in Section 118-874 of the zoning ordinance. These standards generally include a masonry enclosure, pedestrian access gates, and opaque metal gates. LAND USE PLAN: This area is designated on the Land Use Plan as Retail Commercial. The Retail Commercial land use 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. In accordance with the Vision 2030 Land Use Plan approved by the North Richland Hills City Council on July 22, 2019, the City aims to foster a commercial climate that reflects its identity and community values. The NRH community desires uses that provide needed goods and services, convenience, and add to the overall quality of life. The City should encourage existing commercial vacancies to be occupied by uses that serve and benefit the overall community. CURRENT ZONING: The property is zoned C-2 (Commercial). This district is intended to provide for the development of retail and general business uses primarily to serve the community and region. Uses include a wide variety of business activities and may involve limited outside storage, service, or display. The C-2 district should be located away from low and medium density residential development and should be used as a buffer between retail and industrial uses. The district is also appropriate along business corridors as indicated on the land use plan. SURROUNDING ZONING ( LAND USE: NORTH C-2(Commercial) Retail Commercial Restaurant uses WEST C-2(Commercial) Retail Commercial Retail and service uses SOUTH C-2(Commercial) Retail Commercial Convenience store with fuel sales "K NOKTH KICHLAND HILLS EAST PD(Planned Development) Urban Village Vacant(City Point) PLAT STATUS: The property is platted as Lot 6, Block 1, North Hills Village. DRC RECOMMENDATION. The current development policy in North Richland Hills is to closely monitor land uses in the city in order to establish an optimal mix of residential, commercial, restaurant, retail, and office establishments that best serve the varied needs of residents and consumers. To implement this policy, all nontraditional smoking related business uses are subject to approval of a special use permit or other zoning action. The Development Review Committee's (DRC) recommendation for denial of the special use permit application is based on the following. 1. The use does not fill a service gap or demand in the community. 2. The use may result in a perceived negative impact to the community. 3. The use may not achieve City goals to improve and upgrade commercial centers. CITY COUNCIL: The City Council will consider this request at the October 9, 2023, meeting following a recommendation by the Planning and Zoning Commission. RECOMMENDATION: Deny ZC23-0061. ......... .................................... 2" RIVIERA ........... 4000 O �y820 / IH 820 EB 70 SH 121 NB/SH 183 EB z_ i � V IpV III IIIII IIIIIIIVV III�IIII ,,,,,,,,,,,, ,........U V p �V Yll �l W .... ......... .... w ......... ......... I � ati ......., �O . ........ , . ................... O l � tiaA �tiF ... .................................................................. DE V ............... ......... ILL E Prepared by Planning 9/19/2023 N DISCLAIMER:This product is for informational purposes and may not nr I IFeet have been prepared for or be suitable for legal,engineering,orsurveying N 0 100 200 400 600 800 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. r r; I, -yl "'� '/ I '"��, ��IIIIIIIW h(� �Ia�M 'villlrrfh // ��,, ✓ � r-0,�.,/,,,,,, � J r," ,. i ., 'Rai. ,�®eA '� ��'"�� y'.,,v ��,�f�r; .. 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MFItH PUBLIC HEARING NOTICE NORTH RICH LAND HILLS CASE: ZC23-0061 -OWNER- -MAILINGADDRESS- -CITY—STATE- -ZIP- 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 Pharaoh Inc. LOCATION 7653 Boulevard 26 REQUEST Public hearing and consideration of a request from Pharaoh Inc. for a special use permit for a non-traditional smoking business at 7653 Boulevard 26, being 2.8 acres described as Lot 6, Block 1, North Hills Village. DESCRIPTION Request for a special use permit for a 1,700-square-foot non-traditional smoking business. The business proposes to sell vape, CBD, and tobacco products; smoking accessories such as water pipes and hookahs; miscellaneous retail products; and phone repair services. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, October 5, 2023 City Council 7:00 PM Monday, October 23, 2023 MEETING LOCATION City Council Chamber -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 ERA � NO .10 SON I'I 1 tr IL uj Li C4 ILLE a x u 64�df�dllPh��. elf Jr., �r 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 ZC23-0061 7601 BLVD 26 LLC 10632 LITTLE PATUXENT PKWY STE 306 COLUMBIA,MD 21044 7660 GRAPEVINE LLC 2501 S OCEAN DR APT 911 HOLLYWOOD,FL 33019 AGHA BUSINESS LLC 3001 LACKLAND RD FORT WORTH,TX 76116 CANDLERIDGE LIMITED PARTNERSHI 3113 S UNIVERSITY DR FORT WORTH,TX 76109 HELM CHERYL L 4573 BISHOP ST NORTH RICHLAND HILLS,TX 76180 MM CITY POINT 53 LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRANCH,TX 75234 NRH INVESTORS LLC 5335 SPRING VALLEY RD DALLAS,TX 75254 NRH PANDA PROPERTY LLC 7537 DIAMOND SPRINGS TRL FORT WORTH,TX 76123 ODEH PROPERTIES INC PO BOX 530669 GRAND PRAIRIE,TX 75053 QSR BUILDING II LLC 4515 LBJ FWY DALLAS,TX 75224 SAFE CAPITAL INVESTMENTS LLC 6508 BRANTFORD CT PLANO,TX 75093 WAFFLE HOUSE INC PO BOX 6450 NORCROSS,GA 30091 ;%111411ii'1ii 7630 7628 75200io 7700 7659 ,, 7669 7661�4%% 7700 7655 NilsIIII I� 7716 III III 7648 4647 i i i 6 i 760 7660 IIIIIIIIIIII� 75630 mi 7605 537 oi'1ii'liiii'liiii'1ii'liiii�., 7656 73 / q d569 4525 $ ' g553 4564/--.451 ' 4545 Prepared by Planning 9/26/2023 N DISCLAIMER:This product is for informational purposes and may not n Feet have been prepared for or be suitable for legal,engineering,orsurveying N 0 55 110 220 330 440 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. DocuSign Envelope ID: EDF8801E-968D-4DF2-87D1-79371B16B006 Ali Al-Moradi +1 (256) 666-6669 5/4/2023 Dear Members of the Board, Pharaoh Inc. is a retail store of vaporizer products, electronic nicotine delivery systems, and other miscellaneous retail products. On top of retail Pharaoh also will be providing Cell phone repair set-vices at competitive prices with warranties and guarantees. Pharaoh Inc already has 14 locations in the State of Alabama and is looking to expand out of state. Our new facility will be updated with our new branding and high quality floor planning. In every location we have the employees become very close to each other and the customers through developing relationships and being an overall good addition to the communities we have entered. We are wanting to develop a location in this area so that we may introduce good quality products at a competitive price for the people in North Richland Hills. I understand that some vape stores or companies that handle similar products do not have the best reputation and can understand the hesitation of approval. Pharaoh has gone through the proper steps to ensure that some of the main big problems are solved and taken care of. Just like bars and ABC stores, we take all the necessary precautions to ensure that the sale of these products that are regulated to only certain age groups are fully followed and that no mistakes are made. We train all employees on how to notice if the person purchasing is intending on purchasing for minorities and constantly reteach about proper age verification to follow the laws set by the ABC board. We make it our mission to ensure full compliance with all laws in place and to have Pharaoh become a beautiful addition to a community rather than a blemish. Thank you for your consideration and we look forward to your response. Sincerely, DacuSigned by: Ali Al-Moradi (CEO) EaE57F7213862D4DO...UC—P�..Iir&k 5/4/2023 Dear Committee Members, I extend my warm regards to you and the members of the Development Review Committee. I am writing to address and provide our response to the comments outlined in your recent communication regarding Zoning {}aaa Z{}23-0061 for the Special Use Permit application for Pharaoh Vape Shop located at7053 Boulevard 20. We greatly appreciate the meticulous review and consideration that the Development Review Committee has dedicated to our application. Your insights are invaluable to us as we strive to ensure that our establishment aligns seamlessly with the oornrnunib/'a vision and adheres to all relevant regulations. In ra[aranoa to the oornrnenta outlined in your letter dated 0/0/2023' | would like to respond as [oUovva: | would also to assure the Development Review Committee that we are actively working to address any additional inquiries and recommendations that may arise during the review process. Your guidance plays a pivotal role in helping us achieve our goal of establishing a responsible and law-abiding establishment. In conclusion, I wish to express my sincere gratitude for your continued support and guidance throughout this process. We value the opportunity to contribute to the community and are dedicated to upholding the standards and values set forth by the Development Review Committee. Should you require any further information, clarification, or updates on our progress, please do not hesitate to contact me directly. We look forward to the privilege of your continued partnership and collaboration. Thank you for your time and consideration. Warm regards, Ali A|rnoradi {}E(}' Pharaoh Vape Shop Application Property owner's name: AJiAJrnuradi Property owner's address: 53O8 Hickory TR{}E HOOVER AL3544-4542 Property owner's name: 205-855-0000 The legal description ofthe property Pharaoh Stores operates across the state of Alabama, encompassing 14 locations that offer a range o[services including Vapa' {}BO. Smoke, and Phone Repair. Inventory o[our existing stores: � Please check the Attached file for more picture. (Appendix 1) - Attalla - Boaz - Decatur - Clanton - Cullman - Helena - Hoover - Hueytomrn - Moody - Montgomery - Pelham - Pnm1tni||e 1 - Pnm1tni||e 2 - \8eturnpka A brief description of the reason for the zoning change and the proposed use ofthe property With the objective of broadening our horizons and enhancing business growth, we are planning to open our largest store, incorporating new products and features. 1- The description of the business indicates that other miscellaneous retail products will be sold at the store. Provide a general description or list of what these products would include. Pharaoh Smoke Vape CBD and Phone Repair is a unique retail establishment that specializes in phone repairs and offers a diverse range of items for sale. These items encompass a variety of products, including clothing, shirts, backpacks,jackets, be|tn'jewelry, phone odd'nnn'e'|iquidnsuch as freebase nicotine and salt nicotine,e-cigarettes,water pipes,tobacco-related items, and CBD products, among others. 2- Will tobacco or tobacco-related products or CBD products be sold on the premises? If so, provide a general description of what products may be included. Absolutely,we will offer a selection of tobacco-free items, including e-liquids in both freebase and salt nicotine varieties, reusable electronic cigarettes that are free from tobacco,disposable electronic cigarettes that do not contain tobacco, cigarillos, CBD-infused gummies, CBD flower, CBD beverages,and a range of CBD accessories such as water pipes,tobacco grinders,and lighters. Additionally,we will sell Hookahs and flavored shisha,which is a fruit-flavored alternative to traditional tobacco. 3- Will the business include the sale of water pipes, hookahs,or similar accessories? If so, indicate what percentage of the business, in both inventory and sale volume,these products are anticipated to comprise. Indeed,these products are projected to account for approximately 30% of our total business sales and make up around 40% of our inventory volume. 4- Photos of some existing store locations indicate the use of LED strip lighting outlining windows on the storefront. Zoning standards prohibit the use of LED strip lighting on windows, doors, and other portions of the storefront.Acknowledgment of this prohibition is required in the response letter to these comments. We attach great importance to the LED strip caution. In order to illustrate this,we humbly provide you with the exterior appearance photographs of the store below. u�. Mr = Y1 >=o,oab rs nw, u i Y 4 p/ fl N �/i / / ji llTiAo�yjrllt N i � �j�il�i%i�yl� /'� � rC." P�✓Y�% rrrJ��s ��fs(l�%�/fr5�/i r o J�i�✓!%��1 i�r;��. � �'��A�yt/u/�� nl��''r��1�lli��%��/�/�w.v��i�'/�;' I air y�r fi��;y! �� z` �r�,�r;!�;,y ��Jraa�� /fl��Pl�� j�l�✓ /��al/��`l�/G,GE�In,/,ca,: Pharaoh Vape Shop 111,11- rH, AW,"l H Additional File Ell Illim : i / � � � � � � s � � � �• I r „� �; »rc r �w�e+��^^�,;, .,...M,. :,1 A .. ^ ,.„:,_. ,� ��,. n ,+e .�.. �, „� �Y �� u, s J � �. u, r � �r y r � �, �U ��i �r�r� j, y 'i` 'i�� ,,� �� iiiii �� r � � r ,, � o i � �o � ;. l/o� o �/l � i% � U / �9 �l �/ li f �� u➢ R � ,� //�,�/if� c �� MJ w y � '' f ® ® ` � s � s i 4 i , i!� ..,�� fi i1�1` r ; ra ,�,; v'� �/ r �� ,, i � ® • � e ® • o • � • � � • • � ® ® ® � � � /� s � „ � �'/ i % i i � n: ® • � s � „ � �'/ i % i i i i OF, AUK - a. ro ly/ e r NIM, ��„ md. . u, a Ann,µ t '� w •, r �iJ� - ✓ '�. 1 �lAi Jlb nnn 7 4 11b A �✓ .; dl m�Naieiw m✓qw �j ✓I F '6Yati r I �. "rf t �� .. °U"✓ �fYi 4f tJt ail) t �, I Jr M InI�IIIII8IM„ � f�lll�lllllll�lllf J p' 6 D ....... IW @ /" u�ik amuwwu m � - plhlfl rim G uNN NIP � a �M 5 , z �., A o R I,µ, ,,i,, ON AM, ,. .,..a? jV i j6 �� ( wM Tr y V A 6 ��, •; ° "q W µ R .ah ` fir$ '.f — 5 � 7 �'d�+S��yY4 w k Y •�e p 11 {{ a df ��ryry IIIIII Iy IIIIII y 1 n ER l ramN Au off' �I AIWyr me>,<d gay r ! 1 qq d qm f B F U � �rr 0"1 WOT "of r K ni LEASE AREA 1,707 SF LA FLOOR PLAN D:� SCALE:NTS OA ALCOHOLIC H,uAu co—o- ALCOHOLIC !�A 2�i�- 023 2022-.2023 .......... --------------------------- ........... ............. ............ ........... /, �' i e ® 1 ;a � e mm n w � '-, 1 e W /,;,, � y` / �i / % � /,, Exhibit B— Land Use and Development Regulations—Ordinance No. xxxx— Page 1 of 2 Special Use Permit Case ZC23-0061 Lot 6, Block 1, North Hills Village 7653 Boulevard 26, North Richland Hills,Texas This Special Use Permit (SUP) must adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of C-2 (Commercial). 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 a nontraditional smoking related business on the property. B. Site development standards. Development of the property shall comply with the development standards of the C-2 (Commercial) zoning district and the standards described below. 1. All site improvements must be installed and completed prior to the issuance of a certificate of occupancy. 2. All nonconforming lighting fixtures on the building must be replaced with conforming fixtures that comply with Section 118-728 of the zoning ordinance. 3. Enclosures must be constructed for all refuse containers on the lot. The enclosures must comply with the standards contained in Section 118-874 of the zoning ordinance. 4. The installation or use of luminous tube lighting on the windows, doors, or any part of the building is prohibited. C. Operational standards. The operation of the nontraditional smoking related business must comply with the standards described below. 1. The nontraditional smoking related business must not exceed one thousand seven hundred ten (1,710) square feet in floor area. D. Amendments to Approved Special Use Permits. An amendment or revision to the special use permit will be processed in the same manner as the original approval. The application for an amendment or revision must include all land described in the original ordinance that approved the special use permit. E. Expiration. The special use permit will expire three (3) years from the effective date of this ordinance. If the nontraditional smoking related business is still in operation at the time of expiration, the business shall be considered a legal non-conforming use and may continue operation subject to the standards described in Section 118-153 of the zoning ordinance. F. Administrative Approval of Site Plans. The development is subject to final approval of a site plan package. Site plans that comply with all development-related ordinances, and this Ordinance may be administratively approved by the Development Review Committee. The city manager or designee may approve minor amendments or revisions to the standards provided the amendment or revisions does not significantly: 1. Alter the basic relationship of the proposed uses to adjacent uses; Exhibit B— Land Use and Development Regulations—Ordinance No. xxxx— Page 2 of 2 Special Use Permit Case ZC23-0061 Lot 6, Block 1, North Hills Village 7653 Boulevard 26, North Richland Hills,Texas 2. Change the uses approved; 3. Increase approved densities, height, site coverage, or floor areas; 4. Decrease on-site parking requirements; 5. Reduce minimum yards or setbacks; or 6. Change traffic patterns. "K NOKTH KICHLAND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM FROM: Planning & Zoning Department DATE: October 5, 2023 SUBJECT: ZC23-0075 Public hearing and consideration of a request from Global Signs, Inc. for a revision to a planned development at 5100 Davis Boulevard, being 0.53 acres described as Lot 1 R, Block 18, Clear View Addition. PRESENTER: Clayton Comstock, Planning Director SUMMARY: On behalf of Randy Broyles, Global Signs Inc is requesting to revise the existing RD-PD (Redevelopment Planned Development) on 0.53 acres located at 5100 Davis Boulevard. GENERAL DESCRIPTION: The property under consideration is located at the northeast corner of Davis Boulevard and Standley Street, just north of the intersection of Maplewood Avenue. The 23,909- square-foot site is developed with a Chicken Express quick service restaurant with drive through service. The site is adjacent to single-family residences in the Clear View subdivision on the east side. Retail, service, and restaurant uses are located along Davis Boulevard in the vicinity of the site, and the property immediately north of the restaurant is vacant. The property is currently zoned RD-PD (Redevelopment Planned Development). The zoning was approved by City Council on June 10, 2019 (Ordinance 3587) and establishes a base zoning district of C-1 (Commercial). The PD is intended to allow r r fora quick service restaurant. f � i The applicant is requesting an amendment to the development standards to allow a b third wall sign on the building. The sign � � regulations allow wall signs on up to two building faces. While there are two signs installed on the south and west faces of the building, the adopted PD standards allow for the wall signs to be attached to a portion of the wall above the parapet and main roofline of the building. The location of these signs required special approval as part of the planned development. The applicant is requesting that a third sign be allowed on the north face of the building, with the sign attached in a similar location to the existing signs. "K NOKTH KICHLAND HILLS A review of developments in the city indicates that five businesses have received approval to install more than two wall signs on the building. A summary is below. Raising 5036 Rufe Snow Dr Sign Review Board Three(3) building June 14,2021 Cane's (SRB 2021-01) faces Chick-fil-A 6645 NE Loop 820 Special Use Permit Four(4)building faces May 8,2023 (Ordinance 3787) Starbucks 6205 Davis Blvd Special Development Plan Four(4)building faces May 8,2023 (Ordinance 3788) Braum's 8364 Davis Blvd Planned Development Three(3) building November 12,2019 (Ordinance 3622) faces Brakes Plus 8612 Precinct Line Rd Planned Development Three(3) building August 24,2020 (Ordinance 3662) faces LAND USE PLAN: This area is designated on the Land Use Plan as Retail Commercial. The Retail Commercial land use 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 RD-PD (Redevelopment Planned Development). The zoning was approved by City Council on June 10, 2019 (Ordinance 3587). The PD provides a base zoning district of C-1 (Commercial) and is intended to allow for a quick service restaurant with drive through service. PROPOSED ZONING: The proposed zoning is an amendment to the RD-PD (Redevelopment Planned Development) standards. The proposed change is intended to allow wall signs on three faces of the building. SURROUNDING ZONING ( LAND USE: NORTH C-2(Commercial) Retail Commercial Vacant WEST C-2(Commercial) Retail Commercial Retail and service uses SOUTH C-2(Commercial) Retail Commercial Retail and service uses EAST R-2(Single-Family Residential) Low Density Residential Single-family Residences "K NOKTH KICHLAND HILLS PLAT STATUS: The property is platted as Lot 1 R, Block 18, Clear View Addition. CITY COUNCIL: The City Council will consider this request at the October 9, 2023, meeting following a recommendation by the Planning and Zoning Commission. RECOMMENDATION: Approve ZC23-0075. JANETTA .............. ......... ............................... .. > . / O / CS JOREEN N .................... z o ; ......, m H Q ? W , D U�O > s W Q ....................................... ..... v i STANDLEY ............................. ............... ..............,.............. MAPLEWOOD Prepared by Planning 9/12/2023 N DISCLAIMER:This product is for informational purposes and may not n Feet have been preparedfororbe sultablefor legal,engineering,orsurveying N 0 62.5 125 250 375 500 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. s i r �- I ' j�mJjl1� r f `4i,ii i�..... i u / f , r ,,,ri�.re � ..rUi�/i ll �/r�rii�� r � � +r• a18, ' 'rd`�('A d Iq�.,� �... <. '� V J. r � r � I Illri rt-ri 1 Prepared by Planning 9/12/2023 N DISCLAIMER:This product is for informational purposes and may not nr I IFeet have been preparedfororbe sultablefor legal,engineering,orsurveying N 0 62.5 125 250 375 500 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. " RH PUBLIC HEARING NOTICE NO TH KICHLA D HILLS CASE: ZC23-0075 -OWNER- �)ue to an eerror in the Ini.er,b us notice, the «MAILING_ADDRESS- n�.bhc hearing forthr s request WH ne -CITY—STATE- -ZIP- resr.'Irern`Wed to the October E5, 2023, You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a revision to a planned development as shown on the attached map. APPLICANT Global Signs, Inc. LOCATION 5100 Davis Boulevard REQUEST Public hearing and consideration of a request from Global Signs, Inc. for a revision to a planned development at 5100 Davis Boulevard, being 0.53 acres described as Lot 1R, Block 18, Clear View Addition. DESCRIPTION Request for a revision to an existing planned development to allow for signs on three sides of the building. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, October 5, 2023 City Council 7:00 PM Monday, October 9, 2023 MEETING LOCATION City Council Chamber-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 Inspections 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 1ANETTA LU JOREEN z STANDLEY .......... MAPLEWOOD ............./"/,/,// North Elevaiti chicken Planning and Inspections Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC23-0075 � a aisle ° a 5109-5119 DAVIS LLC 411 HARWOOD RD BEDFORD,TX 76021 COCHRAN,STEVIE JOE 5113 GIBBONS DR NORTH RICHLAND HILLS,TX 76180 COVENANT LOVE CHRISTIAN CENTER 5201 DAVIS BLVD NORTH RICHLAND HILLS,TX 76180 EQUITY TRUST CO 1 EQUITY WAY WESTLAKE,OH 44145 HERRERA DANIEL 5109 GIBBONS DR NORTH RICHLAND HILLS,TX 76180 LEDESMA SERGIO E 4509 MINK DR HALTOM CITY,TX 76117 LINDLEY, ROBERT 5133 GIBBONS DR NORTH RICHLAND HILLS,TX 76180 LOVING,DEBORAH L 5112 GIBBONS DR NORTH RICHLAND HILLS,TX 76180 MAPSTON WILLIAM 1215 WOODED TR HURST,TX 76053 MILLIGAN,GLENDA 5124 GIBBONS DR NORTH RICHLAND HILLS,TX 76180 MLS PARTNERS LTD,ETAL 5137 DAVIS BLVD NORTH RICHLAND HILLS,TX 76180 NANCE,STEVEN 5120 GIBBONS DR NORTH RICHLAND HILLS,TX 76180 ORANGE VALLEY PROPERTIES LLC PO BOX 33349 FORT WORTH,TX 76162 PRS INVESTMENTS LLC PO BOX 2612 AUSTIN,TX 78768 TORRES,JOE E 5121 GIBBONS DR NORTH RICHLAND HILLS,TX 76180 TORRES,OSCAR 5129 GIBBONS DR NORTH RICHLAND HILLS,TX 76180 TUGGLE, KELLY C 7820 CLARK ST NORTH RICHLAND HILLS,TX 76180 VELAZCO,GILBERTO 5117 GIBBONS DR NORTH RICHLAND HILLS,TX 76180 WHATABURGER INC,#110 14301 S PADRE ISLAND DR CORPUS CHRISTI,TX 78418 .........................5100.................................................. 5121 7829 5113 5121 511 ............... 5109 ............................................ ........ ........ 5102 5113 NIN 5112 7828 .............. ............... ............... .......................................................... ............... U) 7824 5109 z 5108 5112 5 15 0 ............... Em Em .............................................................. ............... 5105 ............................................................................................ ...... ........ ............. .......... > C) Q 7821 7825 7829 7833 09 5101 5104 ............... 5105 STAND LEY ............... ..............."I'l""I'll""I'll'll""I'll""I'll",'ll""I'll""II.............. ............... ..................... 51 ............... ............... 5060 7808 7812 816 7820 7824 7828 7832 rill 7723 7727 5101 ya0111100011 ............................................ ............... ........................... ............... ............. IIII 7709 7809 7817 7821 7825 7829 7833 Prepared by Planning 9/12/2023 N I I DISCLAIMER:This product is for informational purposes and may not r I I Feet have been preparedfororbe sultablefor legal,engineering,orsurveylng 0 35 70 140 210 280 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Chicken Express-61OO Davis, Blvd. 7/ A/ZO23 VVe are requesting a zoning variance amendment. This iyto add a third sign to the existing building of Chicken Express at the address of 5100 Davis Blvd. Davis Blvd is a terribly busy street with an enormous amount oftraffic, our problem is that our potential customers cannot see our store until they are on top of it.We were forced to go with a small monument sign that cannot be seen in advance.The oncoming traffic coming from the North side of our building cannot see what establishment is there.We feel that adding a third sign,which is normal for the Chicken Express franchise,would help the traffic flow and cause less confusion for the customer. Causing better traffic flow in front of the store. Thank you in advance for considering this zoning amendment. Sincerely, Dianne Moriarty-Global Signs, Inc. Exhibit B— Land Use and Development Regulations—Ordinance No. xxxx— Page 1 of 2 Zoning Case ZC23-0075 Lot 1R, Block 18,Clear View Addition 5100 Davis Boulevard, North Richland Hills,Texas This Redevelopment Planned Development (RD-PD) district must adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of C-1 (Commercial). The following regulations are specific to this RD-PD district. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction will prevail. A. Permitted land uses. Uses in the RD-PD are limited to those permitted in the C-1 (Commercial) zoning district, as amended, with the addition of and subject to the following. 1. Quick service restaurant 2. Any land use requiring a special use permit in the C-1 (Commercial) zoning district, as amended, is only allowed if a special use permit is issued for the use. 3. Any land use prohibited in the C-1 (Commercial) zoning district, as amended, is also prohibited. B. Site development standards. Development of the property shall comply with the development standards of the C-1 (Commercial) zoning district and the standards described below. 1. The site improvements must be constructed as shown on the site plan attached as Exhibit "C" and the standards described below. a. The minimum rear building is twenty-two (22) feet. b. The refuse container enclosure must be located at least five (5) feet from the east property line. c. The existing masonry fence located on the east property line must be maintained as the required screening fence between residential and non-residential property. Maintenance or repair of the fence as a screening fence is the responsibility of the non-residential property owner. If the non-residential property owner removes or replaces the fence, the new fence must comply with the standards contained in Section 118-871 of the zoning ordinance. 2. Landscaping must be installed as shown on the site plan attached as Exhibit "C." 3. The drive-through components on the site must comply with Section 118-633(26) of the zoning ordinance and the standards described below. a. The drive-through stacking lane may be located on the south side of the building between the building and Standley Street. b. The menu board and speaker must be located at least thirty (30) feet from the east property line. C. Building design standards. Building design and appearance must comply with the building elevations attached as Exhibit "C" and the standards described below. Exhibit B— Land Use and Development Regulations—Ordinance No. xxxx— Page 2 of 2 Zoning Case ZC23-0075 Lot 1R, Block 18,Clear View Addition 5100 Davis Boulevard, North Richland Hills,Texas 1. Signs on the site must comply with Chapter 106 (Signs) of the Code of Ordinances and the standards described below. a. The monument sign on the property must be relocated to the area shown in Exhibit "C." The sign may encroach up to two (2) feet into the narrowest portion where the two overlapping sight visibility triangles intersect between the drivewa and Standle Street. "Illy X .................. ................... .................. ................... ................... .................. ................... .................. .................. ................... .................. ................... ................... .................. ................... .................. .................. ................... ................ b. Wall signs are permitted on three (3) facades of the building. Wall signs are prohibited on the east fagade of the building. The wall sign on the north elevation is limited to the size and location shown in Exhibit "C." c. The wall signs on the north, west, and south elevations of the building may be located on the portions of the elevation above the parapet of the structure, as shown in Exhibit "C." D. Amendments to Approved Planned Developments. An amendment or revision to the RD-PD district will be processed in the same manner as the original approval. The application for an amendment or revision must include all land described in the original ordinance that approved the RD-PD district. E. Administrative Approval of Site Plans. The development is subject to final approval of a site plan package. Site plans that comply with all development-related ordinances, and this Ordinance may be administratively approved by the Development Review Committee. The city manager or designee may approve minor amendments or revisions to the 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; 4. Decrease on-site parking requirements; 5. Reduce minimum yards or setbacks; or 6. Change traffic patterns. CHICKEN EXPRESS S/F WALL SIGN NORTH ELEVATION Scale:3/32"=1'-0" 64'-a,. l L � N � SCOPE OF WORK: MANUFACTURE AND INSTALL(1)S/F CHICKEN EXPRESS WALL SIGN FOR NORTH ELEVATION AS SHOWN. Illllllllluuuuu��pp� nn�mmsuvw......ririaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaia N tlnN�p�U),NNNN pINNN@tl)�N NpN@Gpp N N(KN tl��ll DRAWING:9704-23 PROJECT: CUSTOMER SIGNATURE milli��l��e�IOli iNd��YIwIu.nAi�Vr�Mu II ICI Yn fll Mrvr,�ggdl I( 'I' I �;�uryUU REVISION: Maul �usP�a ��o "Hi Aie�r"�i nkh�pp�ar uil�u;�U�atla� �uiaaY�n�iu�'�1arp�d��uaary fpu,�)m DATE:7-31-23 CHICKEN EXPRESS 5110 DAVIS BOULEVARD SALES:RICK ROBERTSON NORTH RICHLAND HILLS.T..7618D ART:TIM DAVIS i0i� i�liilG///��/l/OG/ i// auauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauau CHICKEN N R S/F WALL SIGN INTERNALLY ILLUMINATED Scale:3/4"=1'-O" FRONT: no SIDE: SOR. ALU 1-tABINET� wA l AN RDB, ,[o LIGxTING (NON-CORROSIVE) aLExIO,Ass EacE O 0, ALBtiIINNis TRItiI LISTED RIIAL E�CPRESS® OwER uPP( LNCTDNBD, SQUARE TUBE "ICAl"S ALLANC-1 FRAME (NON-CORRDSNE) WALL (1)120 VOLT/20 AMP OKUR NEEDED SECONDARYSIGN LOAD:2 AMPS SCOPE OF WORK: COLORS: MANUFACTURE AND INSTALL(1)S/F CHICKEN EXPRESS IS CHICKEN RED(STANDARD) WALL SIGN FOR NORTH ELEVATION AS SHOWN. ❑CHICKEN YELLOW(STANDARD) -ALUMINUM SIGN CABINET&TRIM PAINTED RED. BLACK(STANDARD) WHITE ACRYLIC FACE w/COMPUTER CUT VINYL GRAPHICS APPLIED TO SURFACE. INTERNALLY ILLUMINATED WITH WHITE LED LIGHTING. Illllllllluuuuu(��pp� nnlmmiuiuivw�r�ririruririaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaf111iaiaiaiai10 N tlnN�p�U�,NNNN pINNN@tl)�NNpN@Gpp NN(Ktttlpgll PII'Ull a ry �IV m �N�ui(�(�lea �� DRAWING:970423 PROJECT: CUSTOMER SIGNATURE 10D I(I Yn ( Bll Mrvr,�ggdl I( 'I' I �;�uryUU ' ( REVISION DATE 7-31—23: uq�u;�Pa�tl�� ult(o aPC"nHi�Alui�'e�':rp�o��rcankRhry�fpp pgar CHICKEN EXPRESS (Ih g4�Bum pp IAp ol,��uu(n�I Juld rvo�h�d��P��p 1�� 5110 DAVIS BOULEVARD SALES:RICK ROBERTSON NORTH RICHLAND HILLS.TX.7618D IB N ART:TIM DAVIS �iiErr�dioat�liiiit 01/ i�iilG///1�l/OG/ i/ auauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauauau ZC 201.r'D-as Certified A.a^U Site Plain •. Wall) Plainin Ring & Zoin u..n& DePa rtimenrR:1.. of '5 Page 1. of 5 3c Mrucrm N 89'20'45'E 160.31" rtudr rc3Fx 3 N `i L 4 Fxl Lwxc —om[lac7 Y 1 i a\ - 15` �� Is rnsdc P.wuc m�as Ll aWnus'n/ol�nl 5 PMFx PaF M xdM) I,Illllluum u'lll...... uurel uuum�nlW. 1 ��MMa ertgn o e,s/ C*^ i exoro rmc m I o c s z I n d 11 2s I 5•_6•m 2,870 S.F. wnP 0 W � / tl ® �T f I. .41f55 wrOENrFpIPIENr 9�udI R➢ h lu O I N a\�I y29 L uuu m�lui. fad IOJxIPgtt i •y - srt rxrm acrn.w¢ C xFY \ .1 MOruMr aN IE14 xaab CwNr POtx ��iuuuuu�j�lli. 9rt Igrt PoFFP b OF.a/M.I ISi.1l/'MI k,;,,l„ 2 `I,BN 4�msc.NCB—��_ ��VS�b CRY 4 a — — ��' — xE♦fflgRrt W® S 89'15'16"W 157.89' •xM "r Id I[Iq ��... COar.09E OfrxS rEY f1N0E2 axxl k NRV'1 KRS MBE STANDLEY STREET �1 SITE PLAN o N a R S.m^ 0 10' 25' m GRAPHIC SCALE 50 75 100' 0- LOT AREA: 23.909 SF „ IMPERVIOUS AREA: 20,000 SF LANDSCAPE AREA: 3,673 SF 15.3% < PARKING REQUIRED: 20 SPACES PARKING PROVIDED: 20 SPACES CASE SP 2019-04 "K NOKTH KICHLAND HILLS PLANNING AND ZONING COMMISSION MEMORANDUM FROM: Planning & Zoning Department DATE: October 5, 2023 SUBJECT: ZC23-0079 Public hearing and consideration of a request from Eric Curtis for a revision to a RD-PD (Redevelopment Planned Development) at 8300 Starnes Road, being 0.54 acres described as Lot AR2, Block 2, Crestwood Estates Addition. PRESENTER: Clayton Comstock, Planning Director SUMMARY: On behalf of UD Method LLC, Eric Curtis is requesting an amendment to the existing RD- PD (Redevelopment Planned Development) on 0.54 acres located at 8300 Starnes Road. GENERAL DESCRIPTION: The property under consideration is located on the south side of Starnes Road west of Davis Boulevard. The site is the former location of Fire Station 1. After Fire Station 1 was moved to its new location on Shadywood Lane in 2006, the building was used for various city services, including Parks Department field offices and storage. In August 2017, the property was sold to an interior design firm called V,J�„irN .............................. „g,,y, ins. A zoning change to RD-PD (Redevelopment Planned Development) was approved by City Council on February 12, 2018 (Ordinance 3498). The RD-PD district approved specific site development and building standards for the property. The owner applied for an amendment to the RD-PD zoning standards in 2019 to allow the additional use of an event center, hosting events unrelated to the interior design firm office use. City Council approved the amendment on May 20, 2019 (Ordinance 3582). The event center use was approved as a conditional use for a period of two years. The zoning standards included a provision that allows the property owner to seek approval through the zoning amendment process to continue the event center operations on a temporary or permanent basis. This allows the Planning and Zoning Commission and City Council to re-evaluate the use and determine its effect, if any, on adjacent properties and the neighborhood area. The applicant is requesting that the event center be a permitted use at the location. The zoning standards also require that a shared parking agreement with commercial property owners within 500 feet of the facility must be maintained in good standing. The agreement must stipulate that a combined minimum of forty (40) parking spaces would be available for events at the facility. Urbanology Designs has a parking agreement with "K NOKTH KICHLAND HILLS Gateway Church that allows for the lease and use of 36 parking spaces on the church property for use by the event center. That agreement is in effect and currently runs through November 30, 2025. A letter from the applicant and a copy of the agreement are attached. The justification for requiring that the application return to the Planning & Zoning Commission and City Council was to evaluate the operations for parking and safe pedestrian access to the property from the shared parking lot area across Starnes Road at the Gateway Church campus. Since the 2019 approval, off-duty police officers have been hired to manage many events and assist with pedestrians crossing Starnes Road. There have been no incidents using the current procedures. As was noted, the May 20, 2019, approval was for two years. Unfortunately, COVID-19 significantly impacted the event center business. When May 2021 approached, staff administratively allowed the use to continue for the purpose of gathering more data on the event center uses and the process for pedestrian crossings. LAND USE PLAN: This area is designated on the Land Use Plan as Retail Commercial. The Retail Commercial land use 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 RD-PD (Redevelopment Planned Development). The zoning was approved by City Council on February 12, 2018 (Ordinance 3498) and amended on May 20, 2019 (Ordinance 3582). The PD provides a base zoning district of 0-1 (Office) and is intended to allow for an event center. PROPOSED ZONING: The proposed zoning is an amendment to the RD-PD (Redevelopment Planned Development) standards. The proposed change is intended to allow the event center use to continue. SURROUNDING ZONING ( LAND USE: NORTH C-1(Commercial) Retail Commercial Gateway Church WEST R-2(Single-Family Residential) Low Density Residential Single-family residences SOUTH C-1(Commercial) Retail Commercial Daycare/pre-school facility EAST C-1(Commercial) Retail Commercial McDonald's/Chevron PLAT STATUS: The property is currently platted as Lot AR2, Block 2, Crestwood Estates Addition. CITY COUNCIL: The City Council will consider this request at the October 23, 2023, meeting following a recommendation by the Planning and Zoning Commission. RECOMMENDATION: Approve ZC23-0079. D TIMBERHILL r D n m S muuup RUMFIELD Sj PRN uuuummpmumu, Ln E HILLCREST SPRINGHILL OAK Prepared by Planning 8/25/2023 N DISCLAIMER:This product is for informational purposes and may not q Feet have been prepared for or be suitable for legal,engineering or surveying ,L\V 0 65 130 260 390 520 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. s 1!/ i/- IJ01 r � r �i� � J� i�� mm• � � �1jr ��%ii/ r / r " L a / r � r�l r rlY lul r � wm"I" qq` I m I r I V� i"nVX � e i I t I Y° Prepared by Planning 8/25/2023 N DISCLAIMER:This product is for informational purposes and may not qFLFLJ Feet have been prepared for or be suitable for legal,engineering or surveying ,L\V 0 65 130 260 390 520 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. MFItH PUBLIC HEARING NOTICE NORTH RICH LAND HILLS CASE: ZC23-0079 -OWNER- -MAILINGADDRESS- -CITY—STATE- -ZIP- You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a revision to a planned development as shown on the attached map. APPLICANT Eric Curtis LOCATION 8300 Starnes Road REQUEST Public hearing and consideration of a request from Eric Curtis for a revision to a RD-PD (Redevelopment Planned Development) at 8300 Starnes Road, being 0.54 acres described as Lot AR2, Block 2, Crestwood Estates Addition. DESCRIPTION Request for a revision to an existing RD-PD (Redevelopment Planned Development) to remove the expiration provision for the event center use. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, October 5, 2023 City Council 7:00 PM Monday, October 23, 2023 MEETING LOCATION City Council Chamber -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 Inspections 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 TIMIBERHILL r7 RUMIFIELD H I LLCR EST llfJt SPRINGHILL ©AAS r i l Al r 0 �II�! � 1 iii�� U 1 4 T"i l I rV 'o; a ur' uyi Planning and Inspections Department 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC23-0079 ENDICOTT,MARY E 7340 TIMBERIDGE DR NORTH RICHLAND HILLS,TX 76182 GATEWAY CHURCH 500 S NOLEN DR STE 300 SOUTH LAKE,TX 76092 GHANDI,MORRIS 7336 TIMBERIDGE DR NORTH RICHLAND HILLS,TX 76182 JACKSON,RONNIE DALE 7324 TIMBERIDGE DR NORTH RICHLAND HILLS,TX 76182 KIDS USA MONTESSORI NORTH RICHLAND HILLS INC 4501 TORINO PL PLANO,TX 75093 MCDONALD'S USA LLC PO BOX 182571 COLUMBUS,OH 43218 MCMILLON JAMES R 2706 BROOKSHIRE DR SOUTH LAKE,TX 76092 NARVAEZ NESTOR TAVARES 7328 TIMBERIDGE DR NORTH RICHLAND HILLS,TX 76182 RABEL GEORGE W 7332 TIMBERIDGE DR NORTH RICHLAND HILLS,TX 76182 ROYSS LLC 4308 GLEN MEADOWS ALLEN,TX 75002 SONTAG,MARK W 7337 TIMBERIDGE DR NORTH RICHLAND HILLS,TX 76182 LID METHOD LLC 8300 STARNES RD NORTH RICHLAND HILLS,TX 76182 ULRICH,ROSETTA 7333 TIMBERIDGE DR NORTH RICHLAND HILLS,TX 76182 1424 7425 7420 muuuuu 7421 7436 7416 7501 7505 7500 IIIIIIIII 7417 7412 7413 �� 7408 RUMFIELD 7404 7409 �0 cJ 7400 CJ�PRNE 7437 7405 8213 7416 7340 to 7401 Q 7451 7404 8205 7337 7336 7412 7400 8208 m uuuuuuu uuuuuuu uuuuuuu uuuuuum uuuuuuu uuuuuuu 7333 LLI Q 7332 7408 8204 7425 W 00 8304 7329 � 7320 IIIIIII 7328 Nil 7404 � 7316 s14-- 7325 7401 0 7312 7 7321.,, y 7 7321_ 400 Prepared by Planning 8/25/2023 N DISCLAIMER:This product is for informational purposes and may not q Feet have been prepared for or be suitable for legal,engineering or surveying ,L\V 0 37.5 75 150 225 300 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Urban Fire House Eric Curtis 972-358-5037 B3UU Starnes Rd, North Richland Hills,T%76182 ` RE:Renewal of Planned Development(PD-88)at the Urban Fire House-8300 Starnes Rd Dear Planning and Zoning Team, Thank you so much for your support of our business.Our building,the Urban Fire House at 8300 Starnes, has been used as office space as well as an event venue for the community for the last several years. |annseeking to renew our planned development to continue authorization to use our building for events.As you know,we use Gateway Church's parking lot for our guests and Gateway has renewed that parking agreement with our company, Urbanology Designs,through November 30,2025(Original agreement and Amendment citing the extension is attached to this app|icatiun). We would like to either extend this planned development or seek a permanent zoning change to allow this building tobe used for both office space and events. Thank you so much for your consideration. Sincerely, Eric Curtis,Owner FIRST AMENDMENT TO LEASE AGREEMENT Effective Date: December 1,2022 Landlord: Gateway Church Landlord's Address: 500 S.Nolen Road Southlake, Texas 76092 Tenant: Urbanology Designs Tenant's Address: 8300 Starnes Road North Richland Hills, Texas 76182 Premises: Thirty-Six(36)Parking Spaces shown in attached diagram(Exhibit#1) and located at: 7501 Davis Boulevard North Richland Hills, Texas 76182 1. Add additional term as follows: Term: The term of this Agreement shall be from December 1, 2022 through November 30, 2025 ("Term").thirty-six(36)months,commencing on the Commencement Date and ending on November 30,2025, subject to adjustment and earlier termination as provided in the Lease Agreement; Commencement Date: December 1, 2022 Base Rent: Months 1-36 $0.00 Additional Terms: None 2. During the additional term, either party may terminate the Lease, without cause and for that party's convenience,without liability to the other party upon one hundred eighty(180) days'notice to the other party. 3. Except as amended herein, the terms and conditions of the Lease Agreement with an Effective Date of May 20, 2019 shall continue in full force and effect and are hereby ratified in their entirety. First Amendment to Lease Agreement Page 3 of 3 URBANOLOGY DESIGNS By: �... Printed Name: ; Title: C) --, Date: l Z 1 1 /.Z z STATE OF -f-,, k`0 ; COUNTY OF - 7 y--Ct�Y- , BEFORE ME,a Notary Public,on this day personally appeared' 9 `�j the above signed,who, under oath,stated the following:"I hereby certify that I am the tenant,or duly authorized agent of the tenant,for the purposes of this Lease Amendment;that all information submitted herein is true and correct." � e KATHRYN OVERTON SUBSCRIBED AND SWORN TO before Notary ID#128131369 #� " My Commission Ex ires me,this day of k �`.o� December 21,2 25f ,20 Y l j T Notary Seal Notary Signature — R. __..._.. GA A*4' Printed Nam urtney Schcid r r Title: Exec. of Campus Development Date: '2 1 , f STATE OF I, k/ COiJNTY OF `-T�1 BEFORE ME,a Notary Public,on this day personally appeared the above signed,who, under oath,stated the following:"I hereby certify that I am the landlord,or duly authorized agent of the landlord,for the purposes of this Lease Amendment;that all information submitted herein is true and correct." SUBSCRIBED AND SWORN TO before 0*0, KATHRYN O/ERTON .Notary ID#128131369 Y d me,this da ofi>;2p � My Commission Expires / ,..December 21, 2025 0� ry Notary Seal Notary ignature First Amendment to Lease Agreement Page 2 of 3 EXHIBIT #1 21 of 36 t Spaces ko f � _ f � 15 of 36 � f Spaces 1 1 1 1 11 1 11,E NoKrH �a First Amendment to Lease Agreement Page 3 of 3 Texas Residential Lease Agreement This Lease Agreement (the"Agreement") is made and entered on May 20, 2019 (the"Effective Date") by and between Gateway Church (the"Landlord") and the following tenants: Urbanology Designs (the "Tenant") Subject to the terms and conditions stated below the parties agree as follows: 1. Property. Landlord, in consideration of the lease payments provided in this Agreement,leases to Tenant 36 parking spaces, described below,located at 7501 Davis Blvd.,North Richland Hills,Texas 76182 (the "Property"). No other portion of the building wherein the Property is located is included unless expressly provided for in this Agreement. 2. Term. This Agreement will begin on May 20, 2019 (the "Start Date") and will terminate on May 31, 2021 (the "Termination Date"),and thereafter will be month- to-month on the same terms and conditions as stated herein, save any changes made pursuant to law,until terminated. 3. Management. The Tenant is hereby notified that Gateway Church is the property manager of the Property. Should the Tenant have any issues or concerns, the Tenant may contact Gateway Church by one of the methods below: Address: 500 South Nolan, Southlake,Texas 76182 Telephone: 817-552-3600 Email: david.fink@gatewaystaff.com 4. Rent. Tenant will pay to Landlord rent in the amount of$0 (the "Rent"), payable in advance on the 1st day of each month, and is delinquent on the next day. If that day falls on a weekend or legal holiday,the rent is due on the next business day. Payments should be sent to: Payment address: 500 South Nolan, Southlake,Texas 76092, or at such other place as Landlord may designate from time to time. Payments can be made by using one of the following methods of payment: Acceptable forms of payment: Page 1 of 7 - Personal check - Money order - Cashier's check Tenant agrees to submit rent payments by one of the methods above. Tenant is responsible for any payment made by mail and not received by the due date stated herein. Mailed payments must be received on or before the due date. Rent payments for any partial month will be pro-rated at the rate of 1/30th of the monthly rent payment per day. 5. Non-Sufficient Funds. Tenant will be charged a monetary fee of$25.00 as reimbursement of the expenses incurred by Landlord for each check that is returned to Landlord for lack of sufficient funds. In addition,a check returned due to insufficient funds will be subject to any and all late payments provisions included in this Agreement (if any).All charged will be immediately due from Tenant and failure to make immediate payment will constitute a default under the terms of this Agreement. 6. Failure to Pay. Tenant is hereby notified that a negative credit report reflecting on Tenant's credit history may be submitted to a credit reporting agency if Tenant fails to fulfill the terms of their credit obligations,such as their financial obligations under the terms of this Agreement. 7. Occupants. The only persons who may use the Property during the term of this Agreement are: - Urbanology Designs 8. Possession. Tenant will be entitled to possession of the Property on the first day of the term of this Agreement, and will yield possession to Landlord on the last day of the term of this Agreement,unless otherwise agreed by both parties in writing. At the expiration of the term,Tenant will remove its goods and effects and peaceably yield up the Property to Landlord in as good a condition as when delivered to Tenant,ordinary wear and tear excepted. 9. Use of Property/Absences. Tenant will occupy and use the Property as a parking facility. Page 2 of 7 y 10. Storage. No additional storage space on the Property is authorized, permitted or provided.Any personal property stored in the common areas of the Property will be removed without notice. 11. Parking. Tenant is permitted parking as follows: 36 Designated Parking Spaces Located Closest to Starnes Road The assigned parking is to be used for parking properly licensed and operable motor vehicles, except for trailers, boats, campers,buses or trucks. Tenant will park in assigned space(s) only. Parking space(s) must be kept clean at all times.Vehicles leaking oil,gas, or other motor vehicle fluids will not be parked on the Property. Mechanical work or storage of inoperable vehicles is not permitted in parking spaces) or elsewhere on the Property.Any parking that may be provided is strictly self-park and is at owner's risk. Landlord is not responsible for,nor does Landlord assume any liability for damages caused by fire,theft, casualty or any other cause whatsoever with respect to any car of its contents. 11. Maintenance and Repairs. Landlord will, at Landlord's expense,and at all times maintain the Property in a clean and sanitary manner including all furniture, furnishings,and appliances therein and will surrender the same upon termination of tenancy in the same condition received, except for normal wear and tear.Tenant will be responsible for all damages in about the Property caused by Tenant's negligence and that of their family or invitees or guests.Tenant will immediately notify Landlord, in writing, of any problem, malfunction,or damage. Landlord believes the Property is in a habitable condition until written notice to the contrary is received by Landlord. Notice: If landlord fails to make a requested repair that materially affects the physical health or safety of an ordinary tenant as required by this lease or the Texas Property Code,Tenant may be entitled to exercise remedies under Texas Property Code§§ 92.056 and 92.0561.Tenant should not exercise the remedies outlined in Texas Property Code§§92.056 and 92.0561 without consulting an attorney or carefully reviewing the procedures under the applicable sections.The Texas Property Code finds 7 days a reasonable period of time for the Landlord to repair a condition unless there are extenuating circumstances which warrant a different period of time is more appropriate. Failure to strictly follow the procedures outlined in the applicable sections of the Texas Property Code may cause Tenant to be in default of the lease. 12. Holding Over. Should the Tenant hold over the term hereby created with consent of the Landlord,the term of this lease will become a month-to-month tenancy and be deemed to be and be extended at the rental rate herein provided, and otherwise upon the terms and conditions in this Agreement, until either party hereto serves upon the other thirty(30) days written notice of termination, reflecting the effective date of cancellation. Page 3 of 7 13. Condition of Property. Tenant stipulates,represents and warrants that Tenant has examined the Property and accepts is"AS-I$,"the Property being currently in good order,repair, and in a safe, clean and tenantable condition. Tenant initial. 14. Casualty Loss or Condemnation. If the Property is damaged by fire or other casualty or is condemned,then either Landlord or Tenant may terminate this Agreement by notifying the other party.Any prepaid Rent will be returned to the Tenant on termination.Texas Property Code§ 92.054 governs the rights and obligations of the parties regarding a casualty loss to the Property.Any proceeds, payment for damages,settlements,awards, or other sums paid because of a casualty loss to the Property will be Landlords sole property. 15. Landlord Access to Property. Landlord and Landlord's agents will have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Property for the purpose of inspecting the Property and all buildings and improvements thereon.Tenant will make the Property available to Landlord or Landlord's agents for the purposes of making repairs or improvements, or to supply agreed services or show the Property to prospective buyers or tenants, or in case of emergency. Except in case of emergency, Landlord will give Tenant reasonable notice of intent to enter. For these purposes,twenty four (24) hour written notice will be deemed reasonable. 16. Indemnity Regarding Use of Property. To the extent permitted by law, Tenant agrees to indemnify,hold harmless, and defend Landlord from and against any and all losses,claims,liabilities,and expenses,including reasonable attorney fees,if any,which Landlord may suffer or incur in connection with Tenant's possession,use or misuse of the Property, except Landlord's act or negligence. Tenant hereby expressly releases Landlord and/or agent from any and all liability for loss or damage to Tenant's property or effects whether on the Property,garage, storerooms or any other location in or about the Property,arising out of any cause whatsoever, including but not limited to rain,plumbing leakage, fire or theft, except in the case that such damage has been adjudged to be the result of the gross negligence of Landlord, Landlord's employees,heirs,successors,assignees and/or agents. 17. Accommodation. Landlord agrees to and is committed to complying with all applicable laws providing equal housing opportunities.To ensure compliance, Landlord will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or a tenant, unless undue hardship would result. It is the applicant or tenant's responsibility to make Landlord aware of any required accommodation. In wiring, the individual with the disability should specify the nature and effect of the Page 4 of 7 disability and any accommodation he or she needs. If after thoughtful consideration and evaluation,the accommodation is reasonable and will not impose an undue hardship, Landlord will make the accommodation. Landlord reserves the right to require appropriate medical verification of the disability. 18. Texas Property Code. Landlord and Tenant each acknowledge that chapter 92 of the Texas Property Code,which deals with residential tenancies, affords certain rights and imposes certain duties on them. 19. Subordination of Lease. This Agreement is subordinate to any mortgage that now exists,or may be given later by Landlord,with respect to the Property. 20. Assignment and Subletting. Tenant may not assign or sublease any interest in the Property,nor assign, mortgage or pledge this Agreement,without the prior written consent of Landlord,which MAY be unreasonably withheld.This is a blanket prohibition,meaning no replacement tenant(s) will be permitted and no additional tenant or occupant will be allowed on the Property even if a Tenant leaves the Property.This prohibition applies to each and every term of this Agreement in regard to space leased to Tenant.Any waiver of this prohibition must be secured from the Landlord in writing,and the consent of which Landlord may withhold in its sole and absolute discretion. In the event the prohibition is invalidated or lifted, Tenant, Landlord and any subtenant or assignee agrees to be bound by each and every provision contained in this Agreement. 21. Notice. Notice under this Agreement will not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. Notices mailed in accordance with these provisions will be deemed received on the third day after posting. Landlord: Gateway Church 500 South Nolan,Southlake,Texas 76092 Tenant: Urbanology Designs 8300 Starnes Road, North Richland Hills,Texas 76182 Such addresses may be changed from time to time by any party by providing notice as set forth above. 22. Venue and Governing Law. Exclusive venue is in the county where the Property is located.This agreement will be governed, construed and interpreted by, through and under the Laws of the State of Texas. Page 5 of 7 23. Waiver and Severability. The failure of either party to enforce any provisions of this Agreement will not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. If any provision of this Agreement or the application thereof will,for any reason and to the extent,be invalid or unenforceable,neither the remainder of this Agreement nor the application of the provision to other persons,entities or circumstances will be affected thereby,but instead will be enforced to the maximum extent permitted by law. 24. Time of Essence. Time is of the essence with respect to the execution of this Lease Agreement. 25. Entire Agreement. This document constitutes the entire Agreement between the Tenant and Landlord. This Agreement cannot be modified except in writing and must be signed by all parties. Neither Landlord nor Tenant have made any promises or representations, other than those set forth in this Agreement and those implied by law. The failure of Tenant or its guests or invitees to comply with any term of this Agreement is grounds for termination of the tenancy,with appropriate notice to Tenants and procedures as required by law. 26. Application. Tenant represents and warrants that all statements in Tenant's rental application are accurate.Any misrepresentations will be considered a material breach of this Agreement and may subject Tenant to eviction.Tenant authorizes Landlord and any broker to obtain Tenant's credit report periodically during the tenancy in connection with the modification or enforcement of this Lease. Landlord reserves the right to terminate this Agreement(i) before occupancy begins, (ii) upon disapproval of the credit report(s), or (iii) at any time,upon discovering that information in Tenant's application is false. 27. Binding Effect. The provisions of this Agreement will be binding upon and inure to the benefit of parties and their respective legal representatives, successors and assigns. Page 6 of 7 Receipt Tenant Initials Landlord Initials" mm Total Charges Received: $ IN WITNESS WHEREOF,the Landlord and Tenant have executed this Agreement in the manner prescribed by law as of the Effective Date. Landlord: By: i7avl ��nG,�� a ��7,z 1!�j Date: May 17, 19 for Gateway Church 500 South Nolan Southlake,Texas 76092 Tenant: a By: Date: anology ,signs Page 7 of 7 Exhibit B— Land Use and Development Regulations—Ordinance No. xxxx— Page 1 of 3 Zoning Case ZC23-0079 Lot AR2, Block 2,Crestwood Estates Addition 8300 Starnes Road, North Richland Hills,Texas This Redevelopment Planned Development (RD-PD) district must adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of 0-1 (Office). The following regulations are specific to this RD-PD district. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction will prevail. A. Permitted land uses. Uses in the RD-PD are limited to those permitted in the 0-1 (Office) zoning district, as amended, with the addition of and subject to the following. 1. Event center, only in association with a primary use permitted by right in the 0-1 (Office) district. The weekly hours of operation for an event center may not exceed the hours of operation for the primary use. 2. Any land use requiring a special use permit in the 0-1 (Office) zoning district, as amended, is only allowed if a special use permit is issued for the use. 3. Any land use prohibited in the 0-1 (Office) zoning district, as amended, is also prohibited. B. Site development standards. Development of the property must comply with the development standards of the 0-1 (Office) zoning district and the standards described below. 1. The site improvements must be constructed as shown on the site plan attached as Exhibit „C .11 2. Landscaping must be installed as shown on the site plan attached as Exhibit "C." 3. The existing wood stockade fence located on the west property line must be maintained as the required screening fence between residential and non-residential property. Maintenance or repair of the fence as a screening fence is the responsibility of the non- residential property owner. If the non-residential property owner removes or replaces the fence, the new fence must comply with the standards contained in Section 118-871 of the zoning ordinance. 4. Exterior lighting fixtures must be replaced with fixtures that comply with the standards contained in Section 118-718 of the zoning ordinance. 5. The sidewalk on the south side of Starnes Road east of the property must be repaired to address chronic erosion issues. 6. An additional street light must be installed at the northwest corner of the property along Starnes Road. 7. One ADA-accessible parking space is required on the site. If the event center will host events with 50 guests or more, a total of two ADA-accessible parking spaces is required on site. All ADA parking signs on site must be permanent signs and must comply with the Americans with Disabilities Act and the Texas Manual on Uniform Traffic Control Devices. Exhibit B— Land Use and Development Regulations—Ordinance No. xxxx— Page 2 of 3 Zoning Case ZC23-0079 Lot AR2, Block 2,Crestwood Estates Addition 8300 Starnes Road, North Richland Hills,Texas C. Building design standards. Building design and appearance must comply with the building elevations attached as Exhibit "C" and the standards described below. 1. Stucco and wood materials may be used on the exterior walls of the building in proportions and locations indicated on the building elevations attached as Exhibit "C." 2. The brick surfaces on the side and rear elevations of the building may be painted black in color. The use of black paint on the front elevation of the building is limited to building trim, door and window frames, canopies, and other accent areas. D. Operational standards. The operation of the event center must comply with the standards described below. 1. Events held at the facility must end by midnight (12AM). 2. In all outdoor areas, live or recorded music must end by 10 PM. 3. Events may take place inside the facility, outside the facility in the rear of the property, or both. It will be unlawful for any person or persons to use, loiter, congregate, or assemble in the outdoor area between the building and the street at times during an event. 4. On both sides of the driveway, a directional sign must be placed that instructs pedestrians to cross at the signalized crosswalk at Starnes Road and Davis Boulevard. The signs must be two (2) square feet in area, not taller than thirty(30) inches in height, and permanently installed on a concrete footing or other approved foundation system. The signs must be reflective or retroreflective. 5. A shared parking agreement with commercial property owner(s) within 500 feet of the facility must be maintained in good standing between property owners. The agreement(s) must stipulate that a combined minimum of forty (40) parking spaces would be available for events at the facility. A memorandum of each agreement must be filed in the real property records of Tarrant County,Texas. 6. A police officer is required to provide security for events of 50 or more guests and/or events that start at 5:00 p.m. or later. The North Richland Hills Chief of Police will have the authority to determine the number of police officers required for the event. Approval must be obtained prior to the event. E. Amendments to Approved Planned Developments. An amendment or revision to the RD-PD district will be processed in the same manner as the original approval. The application for an amendment or revision must include all land described in the original ordinance that approved the RD-PD district. The city manager or designee may approve minor amendments or revisions to the 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; Exhibit B— Land Use and Development Regulations—Ordinance No. xxxx— Page 3 of 3 Zoning Case ZC23-0079 Lot AR2, Block 2,Crestwood Estates Addition 8300 Starnes Road, North Richland Hills,Texas 3. Increase approved densities, height, site coverage, or floor areas; 4. Decrease on-site parking requirements; 5. Reduce minimum yards or setbacks; or 6. Change traffic patterns.