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HomeMy WebLinkAboutOrdinance 2142 ORDINANCE NO. 2142 AN ORDINANCE OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, AMENDING THE ZONING REGULATIONS, ORDINANCE NUMBER 1874, AS AMENDED, TO ESTABLISH PLANNED DEVELOPMENT DISTRICT NUMBER 22; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a portion of the Meadow Lakes North Addition consists of an unusually shaped tract of undeveloped land which is situated adjacent to the Iron Horse Golf Course; and WHEREAS, the Planning and Zoning Commission has determined that the development conditions of this tract of land do not provide adequate opportunities for development under available zoning district regulations and that the existing zoning classification is not appropriate for this area; and WHEREAS, the developer has indicated an interest in establishing the proposed development as a "Private Gated Subdivision;" and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by establishing PLANNED DEVELOPMENT DISTRICT NUMBER 22, by changing said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Planned Development District Number 22 be hereby established in the Case Number PZ -96-18, on the property described as follows: BEING all that certain tract, parcel or lot of land located in the Telitha Akers Survey, Abstract No. 19, City of North Richland Hills, Tarrant County, Texas, and more particularly described as follows: BEGINNING at a point in the South line of Browning Drive, said point being North 86 degrees 23 minutes 01 seconds East, 189.76 feet from the northwest corner of those certain lands conveyed to the Federal Savings and Loan Insurance Corporation by deed recorded in Volume 8652, Page 1593 and Volume 8993, Page 1951, Deed Records, Tarrant County, Texas and the northeast corner of Lot 24, Block 4R, Park View Hills Addition to the City of Haltom City as recorded in Volume 388-102, Page 35, Plat Records, Tarrant County, Texas, for the northeast corner of this tract; Page 1 THENCE South 27 degrees 10 minutes 34 seconds East, 388.91 feet to the beginning of a tangent curve to the right, with a central angle of 25 degrees 09 minutes 42 seconds, a radius of 538.05 feet, a tangent length of 120.08 feet and a long chord which hears South 14 degrees 35 minutes 43 seconds East, 234.39 feet; THENCE an arc length of 236.29 feet along said tangent curve to a point for corner; THENCE South 02 degrees 00 minutes 52 seconds East, 153.40 feet to the beginning of a tangent curve to the left, with a central angle of 40 degrees 13 minutes 48 seconds, a radius of 155.74 feet, a tangent length of 57.04 feet, and a long chord which bears South 22 degrees 07 minutes 46 seconds East, 107.12 feet; THENCE an arc length of 109.35 feet along said tangent curve to a point for corner; THENCE South 42 degrees 14 minutes 40 seconds East, 102.96 feet to a point for corner; THENCE South 64 degrees 18 minutes 30 seconds West, 60.94 feet to a point for corner; THENCE South 12 degrees 18 minutes 40 seconds West 119.94 feet to a point for corner; THENCE South 26 degrees 37 minutes 10 seconds West 98.42 feet to a point for comer; THENCE South 21 degrees 00 minutes 50 seconds East, 78.91 feet to a point for corner; THENCE South 16 degrees 28 minutes 06 seconds West 398.63 feet to a point for corner; THENCE South 22 degrees 18 minutes, 02 seconds West 414.63 feet to a point for corner; THENCE South 30 degrees 57 minutes 31 seconds West 181.85 feet to a point for corner; THENCE South 89 degrees 25 minutes 44 seconds West 57.49 feet to a point for corner; THENCE North 00 degrees 37 minutes 56 seconds West, 154.84 feet to a point for corner; THENCE North 00 degrees 37 minutes 57 seconds West, 1962.64 feet to a point in the south line of the aforesaid Browning Drive for corner; THENCE North 84 degrees 24 minutes 54 seconds East 115.41 feet along and with said Browning Drive to a point for corner; THENCE North 89 degrees 26 minutes 11 seconds East 74.53 feet along and with said Browning Drive to the POINT OF BEGINNING, containing 16.436 Acres (715,955 square feet) of land, more or less. 2. That, the following definitions shall be applicable to this Planned Development District: 1. Golf Course Villa - a single-family detached dwelling unit situated on its own lot with side yard set backs which are considerably narrower than those of traditional single-family detached units. Front entry garages are allowed to Page 2 maximize the rear yard exposure to a park, golf course or other open space area. 2. Private Street Residential Development - A residential subdivision consisting of building lots which have no frontage on a publicly dedicated street right-of-way and which are accessible only by way of a private street designated as an access easement. Such development may also limit public access to the lots by use of a security gate or other security device. 3. Front Swing Garage - A garage situated on the front street side of a residential structure in which the garage door opening is perpendicular, or nearly perpendicular, to the front street right-of-way. 3. That, Planned Development District Number 22 shall consist of a Private Street Residential Development subject to the following criteria: 1. Prior to the issuance of any building permits, the developer shall submit a subdivision plat and obtain approval of said plat from the City Council. 2. The development shall contain water, sewer, drainage and street facilities which are designed and constructed to the standards shown in the North Richland Hills Design Manual for Public Works 1 Utilities, including the payment of any applicable inspection fees. 3. All streets shall be designated on the plat as an access easement. The access easement shall also be designated as a utility and drainage easement. 4. The entrance to the development shall be marked with a sign designating the street as a private street. An access control gate, guardhouse or other means of restricting access must be fitted with equipment to accommodate government and utility vehicles, U. S. Postal Service, residents, guests, and deliveries without impeding traffic movement on public streets. All gates must comply with Fire Department requirements for emergency access, including the installation of an "Opticom" system compatible with that of the North Richland Hills Fire Department and with a battery back-up. The developer must install all necessary appurtenances for the access gate and provide to the City all equipment necessary to operate the access control devices as determined by the City at no costto the City. 5. The subdivision plat and the property owners association documents shall reflect the private status of the streets with no maintenance provided by the City. Page 3 6. The subdivision plat and the property owners association documents shall contain statements that the association and the residents as the owner of the streets agree to release, indemnify, defend and hold harmless the City, any governmental entity or public utility for damages to the private streets occasioned by the reasonable use of the private street by the City, governmental entity or public utility; for damages or injury, including death, arising out of the condition of said private street; for damages and injury, including death, arising out of the use by the City, government entity or public utility of any restricted access gate or entrance; and for damages and injury, including death, arising out of the use of the subdivision by the City, governmental entity or public utility. Further, such statements shall provide that all lot owners shall release the City, governmental entities and public utilities for such damages and injuries. The indemnifications contained in this paragraph apply regardless of whether or not such damages and injury, including death, are caused by the negligent act of omission of the City, governmental entity, or public utility, or their representative officers, employees or agents. Those portions of the homeowners association's documents pertaining to the subject matter contained in this paragraph shall not be amended without prior written consent of the City. 7. The Private Street Residential Development shall not cross an existing or proposed thoroughfare as shown on the City's Master Thoroughfare Plan, or an existing street. 8. The Private Street Residential Development shall not cross or disrupt an existing or proposed public pedestrian pathway, hike and bike trail or park as shown on the City's Park Master Plan. 4. That, the development regulations for Planned Development District Number 22 shall be as follows: 1. Purpose: Planned Development District Number 22 is intended to provide for a Private Street Residential Development which contains Golf Course Villas constructed at an approximate density of ten (10) units per acre. 2. Permitted Uses: Golf Course Villas consisting of single family detached residential dwelling units. 3. Lot Area Requirements: a. Minimum Lot Area: b. Minimum Lot Width: c. Minimum Lot Depth: d. Minimum Dwelling Unit Size: 9,000 Sq. Ft. 60 ft. 1 00 ft. 1,800 Sq. Ft. Page 4 e. f. g. h. I. Minimum Front Building Line: Minimum Side Building Line: Minimum Rear Building Line: Maximum Structure Height: Rear Yard Open space: 20 ft. 2 ft. on one side and 5 ft. on other side 10 ft. 38 ft. 20 percent 4. Fences: Only combination wrought-iron and masonry fences shall be allowed along any common boundary line with Iron Horse Golf Course. Wooden stockade type fences shall not be allowed along any common boundary line with the Iron Horse Golf Course property. Otherwise all other fence regulations of the R-2 District shall apply. 5. Parking: Off-street parking space shall be provided on the lots to accommodate four cars for each dwelling unit. At least two of such spaces shall be covered; however, no supporting member of any garage, carport or other automobile storage structure shall be located within a required front, side or rear yard. 6. Accessory Buildings: As allowed by Article 6, Sections 600 F & G, Ordinance No. 1874, as amended. 7. Customary Home Occupations: As allowed by Article 6, Section 600 T, Ordinance No. 1874, as amended. 8. Garage Entry Requirement: A minimum of sixty (60) percent of the housing units shall be constructed using a front swing garage as defined herein. 9. Masonry Requirement: The exterior wall surface, as viewed from each primary elevation, of all permanent structures constructed in Planned Development Number 22 shall consist of at least seventy-five percent brick, stone, or if approved by the City Council, other masonry or materials of equal characteristics. For the purposes of this requirement, the exterior wall surface shall be defined as the area between the wall corners extending from the top of the foundation up to the door or window header height of the first floor, whichever is greater. The area of door and window openings shall not be included in the calculation of this requirement. 5. That, access easements shown on Final Plats situated within Planned Development District Number 22 shall be considered as public right-or-way for purpose of enforcing nuisance ordinances adopted by the City of North Richland Hills. 6. Page 5 That, the Official zoning Map be redrawn to incorporate this Planned Development District. 7. SAVINGS CLAUSE. That, all regulations contained in the Zoning Ordinance No. 1874, as amended, which are not in conflict with the terms of this Planned Development District Number 22, shall remain in effect regarding this property. 8. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. 9. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 10. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 12th DAY OF SEPTEMBER, 1996. ~.r. Chairman, Planning and Zoning Commission .~?~ ¡¡( c?~ Secretary, Planning and Zoning Commission Page 6 PASSED AND APPROVED BY THE CITY COUNCIL THIS 23rd DAY OF SEPTEMBER, 1996. ____ I ~~~ Mayor, City of / ATTEST: (-/aI/vuti I~ City Secretary City of North Richland Hills, Texas Page 7