HomeMy WebLinkAboutCC 1994-01-10 Agendas
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CITY OF NORTH RICHLAND HILLS
PRE-COUNCIL AGENDA
JANUARY 10, 199Z'( 6:00 P.M.
For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301
Northeast Loop 820.
I NUMBER I ITEM I ACTION TAKEN I
1. IR 94-05 Participation in Digital Orthophotography for the
Geographical Information System (5 Minutes)
2. IR 94-07 Kingswood Estates Tract A, Block 21;
Retention/Detention Pond (10 Minutes)
3. G N 94-02 Authorizing the Submittal for a Texas Parks and
Wildlife Grant - Resolution No. 94-02 (Agenda
Item No. 16) (10 Minutes)
4. GN 94-03 Agreement with RGI for Possible Overpayment
Research (Agenda Item No. 17) (5 Minutes)
5. GN 94-04 Request for Funds to provide Employees
Training Program (Agenda Item No. 18) (5
Minutes)
6. GN 94-05 Transmitter Site Lease Agreement with
Southwestern Bell Mobile Systems (Agenda Item
No. 19) (5 Minutes)
7. GN 94-07 Partial Release of Lien on Starnes Road and
Smithfield Road Improvements (Agenda Item
No. 21) (5 Minutes)
8. GN 94-08 Resolution Authorizing Submittal of 1995
Transportation Improvement Program Projects -
Resolution No. 94-03 (Agenda Item No. 22) ,
(15 Minutes)
9. Other Items
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I NUMBER ITEM I ACTION TAKEN I
10. *Executive Session (20 Minutes)
a. Personnel
b. Briefing on Pending Litigation
c. Review of Progress on Land Acquisition
, 11 I Adjournment - 7:20 p.m. I I
*Closed due to subject matter as provided by the Open Meetings Law. If any action is
contemplated, it will be taken in open session.
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CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
JANUARY 10,1994
For the Regular Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301
Northeast Loop 820, at 7:30 p.m. The below listed items are placed on the Agenda for
discussion and/or action.
! NUMBER ! ITEM ACTION TAKEN I
1. Call to Order
2. Invocation
I 3. I Pledge of Allegiance I I
4. Minutes of the Regular Meeting
December 13, 1993
5. Presentations by Boards &
Commissions
Beautification Commission Minutes
6. Removal of Item(s) from the Consent
Agenda
7. Consent Agenda Item(s) indicated by
Asterisk (8,9, 15, 16, 17, 18, 19,20,
21, 22, 23, 24 & 25)
*8. PZ 93-18 Consideration of an Amendment to the
Zoning Ordinance No. 1874 Regarding
Personal Care Homes - Ordinance No.
1947 (Postponed at the December 13,
1993 Council Meeting)
*9. PZ 93-19 Consideration of an Amendment to the
Zoning Ordinance NO.1874 Regarding
Community Homes for Disabled
Persons - Ordinance No. 1953
(Postponed at the December 13,1993
Council Meeting)
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! NUMBER I ITEM I ACTION TAKEN I
10. PZ 93-23 PLANNING & ZONING - PUBLIC
HEARING - Request of Sinaco
Development to Rezone Tracts 6E and
6E2, William Cox Survey, Abstract 321,
from AG Agriculture to R-2 Single
Family Residential - Ordinance No.
1955 (Located in the 7500 Block of
Hightower Drive)
11. PZ 93-24 PLANNING & ZONING - PUBLIC
HEARING - Request of Billy and
Rosalie Mitchell to Rezone Tracts 3C3
and 3C4, Martin Survey, Abstract 1055,
from AG Agriculture to R-2 Single
Family Residential - Ordinance No.1956
(Located at 6701 Precinct Line Road)
12. PZ 93-26 PLANNING & ZONING - PUBLIC
HEARING - Request to Rezone Lots 1-
3, Block 13, Meadow Lakes Addition
from R-6-T Townhome Residential to a
PD Planned Development - Ordinance
No. 1958 (Located in the 6200 block of
Skylark Circle)
13. PZ 93-27 PLANNING & ZONING - PUBLIC
HEARING - Request of Charles
Leverton to Rezone Lots 1-3, Block 2,
Mollie B. Collins Addition and Tract 2F1,
Cox Survey, Abstract 321 from AG
Agriculture to R-3 Single Family
Residential - Ordinance No.1959
(Located in the 7800 block of Odell
Street)
14. PZ 93-28 PLANNING & ZONING - PUBLIC
HEARING - Request of Wes Bannister
to Rezone Lot 1, Block 1, Bannister
Estates from R-2 Single Family
Residential to R-1-S Special Single
Family Residential - Ordinance No.
1960 (Located in the 7200 block of
Eden Road)
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! NUMBER ! ITEM I ACTION TAKEN I
*15. GN 94-01 Authorization of Signing Documents in
Conjunction of Delinquent Taxes -
Resolution No. 94-01
*16. GN 94-02 Authorizing the Submittal for a Texas
Parks and Wildlife Grant - Resolution
No. 94-02
*17. GN 94-03 Agreement with RGI for Possible
Overpayment Research
*18. GN 94-04 Request for Funds to Provide
Employees Training Program
*19. G N 94-05 Transmitter Site Lease Agreement with
Southwestern Bell Mobile Systems
*20. G N 94-06 Requirement of Permit for the Sale of
Alcoholic Beverages - Ordinance No.
1961
*21. GN 94-07 Partial Release of Lien on Starnes Road
and Smithfield Road Improvements
*22. GN 94-08 Resolution Authorizing Submittal of
1995 Transportation Improvement
Program Projects - Resolution
No. 94-03
* 23. PU 94-01 Purchase of Lot 7 -R, Block 3, Rich/and
Oaks Addition for the Strummer Drive
Widening Project
*24. PU 94-02 Authorize Purchase of Motorcycle for
Police Department Use
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! NUMBER ! ITEM I ACTION TAKEN I
*25. PW 94-01 Ratify Change Order No. 2 for Calloway
Branch Channel Improvements, Phase
II-B
26. Citizens Presentation
27. Adjournment
POSTED
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 94-05
~ Date:
~ Subject:
January 10, 1994
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Participation in Digita] Orthophotography for the
Geographical Information System
Data entry for the Geographical Information System is now complete. Public Works is now
implementing quality control procedures which will preserve the existing accuracy of the system. We
are also establishing methods which will minimize the cost of keeping the basemap up-to-date. As the
City develops, the basemap (streets, buildings, utility locations, etc.) will require updating. The major
component of this effort is the placement of buildings.
The University of Texas at Dallas has organized the North Texas GIS Consortium. This group includes
Lone Star Gas Company, City of Arlington, Tarrant County Appraisal District, North Rich]and Hills
and severa] other entities. The Consortium has organized an effort to obtain digital orthophotography
for Tarrant and Dallas Counties as well as some of the surrounding areas. Digital orthophotography
produces maps from aerial photographs in a computer ready format with the high degree of accuracy
that is required for the GIS system. There is a sample of the printed photography attached. Digital
data (stored and viewed on the computer) will be available at an unmatchably low cost to all members
of the Consortium.
.
Members of the Consortium that participate in the data acquisition will be eligible for biannual updates.
If North Richland Hills chooses to participate, the initial cost will not exceed $5,000. Annual
maintenance fees will not exceed 30% of the initial cost. The initial agreement does not commit the
City to participate in future updates.
Public Works considers this to be an extremely cost effective method of obtaining accurate updates of
the GIS basemap. The photographs will provide a quick method of locating new structures, including
buildings, streets, bridges, etc.
Please contact me if you have any questions.
Respectfully submitted,
,
Z~ z;f~
Kevin B. Miller, P.E.
Assistant Director of Public Works
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ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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INFORMAL REPORTTO MAYOR AND CITY COUNCIL
No. IR 94-07
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Date:
January 10, 1994
Subject:
KINGSWOOD ESTATES; Tract A, Block 21
Retention/Detention Pond
This is an 8.5 acre tract located across Oak Park Drive from the Starnes Elevated Tank site.
Birdville Independent School District (BISD) owns the property and would like to sell it. In order
for the R-2 zoned tract to be developed, current drainage criteria would require approximately 900
feet of offsite storm drain be installed. The cost for the offsite drainage makes the development of
this tract unfeasible.
As an alternative, a prospective developer is proposing a retention/detention pond concept. Staff has
reviewed briefly the concept and believes it to be workable. Since the City has not previously
approved an ordinance concerning retention/detention/decorative ponds, staff has been bringing these
pond concepts to Council individually for preliminary consideration prior to a developer investing in
final design plans.
Your consideration of the proposed concept is requested.
Respectfully submitted,
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 - DECEMBER 13,1993 - 7:30 P.M.
1.
CALL TO ORDER
Mayor Brown called the meeting to order December 13, 1993 at 7:30 p.m.
ROLL CALL
Present:
Tommy Brown
Lyle E. Welch
Mack Garvin
Mark Wood
Jo Ann Johnson
Ray Oujesky
Byron Sibbet
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilwoman
Councilman
Councilman
Staff:
Rodger N. Line
C.A. Sanford
Randy Shiflet
Jeanette Rewis
Rex McEntire
Greg Dickens
City Manager
Deputy City Manager
Assistant City Manager
City Secretary
Attorney
City Engineer
Absent:
Linda Spurlock
Councilwoman
2.
INVOCA TION
Councilman Oujesky gave the invocation.
3.
PLEDGE OF ALLEGIANCE
4.
MINUTES OF THE REGULAR MEETING NOVEMBER 22, 1993
APPROVED
Councilwoman Johnson moved, seconded by Councilman Garvin, to approve the
minutes of the November 22, 1993 meeting.
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December 13, 1993
Page 2
Motion carried 6-0.
5.
PRESENTATIONS BY BOARDS & COMMISSIONS
LIBRARY BOARD MINUTES
PARK AND RECREATION BOARD MINUTES
No action needed.
6.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
e
7.
CONSENT AGENDA ITEM(S) INDICA TED BY ASTERISK
(11,13,14,15,16,18,19,20,21,22,23,24,
25, 26, 27, 28, 29, 30, 31, & 32)
APPROVED
Councilman Garvin moved, seconded by Councilman Oujesky, to approve the Consent
Agenda.
Motion to approve Agenda Item Nos. 11, 15, 16, 18, 19,20,21,22,23,24,25,26,27,
28,29, 30, 31 & 32 carried 6-0 and motion on Agenda Items No. 13 and 14 carried 5-
0; Councilman Oujesky abstaining.
8.
PZ 93-18 PUBLIC HEARING TO CONSIDER AN AMENDMENT
TO THE ZONING ORDINANCE NO. 1874 _
REGARDING PERSONAL CARE HOMES _
ORDINANCE NO. 1947
POSTPONED
Mayor Brown opened the Public Hearing and called for anyone wishing to speak to
come forward.
Ms. Fern Cagle, 7532 Steward, appeared before the Council. Ms. Cagle stated she
would like to attend the work session the Council was going to have on this item.
e Mayor Brown advised Ms. Cagle she would be notified when the meeting was going to
be held.
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December 13, 1993
Page 3
There being no one else wishing to speak Mayor Brown closed the Public Hearing.
Councilman Sibbet moved, seconded by Councilwoman Johnson, to postpone
Ordinance No. 1947.
Motion carried 6-0.
9.
PZ 93-19 PUBLIC HEARING TO CONSIDER AN AMENDMENT
TO THE ZONING ORDINANCE NO. 1874 REGARDING
FAMILY HOMES FOR DISABLED PERSONS _
ORDINANCE NO. 1953
POSTPONED
Mayor Brown opened the Public Hearing and called for anyone wishing to speak to
come forward.
There being no one wishing to speak Mayor Brown closed the Public Hearing.
Councilman Sibbet moved, seconded by Councilwoman Johnson, to postpone
Ordinance No.1953.
Motion carried 6-0.
10.
GN 93-161 APPOINTMENT TO TEEN COURT ADVISORY BOARD
Councilman Garvin moved, seconded by Mayor Pro Tem Welch, to appoint Ms. Lynne
Simpson to Place 4 and Ms. Jackie Wommack to Place 6 on the Teen Court Advisory
Board.
Motion carried 6-0.
*11.
GN 93-162 AUTHORIZATION FOR TARRANT COUNTY
TAX ASSESSOR/COLLECTOR TO WIRE TRANSFER
AD VALOREM TAX COLLECTIONS _
RESOLUTION NO. 93-49
APPROVED
12.
GN 93-163 APPOINTMENT TO CABLE T.V. BOARD
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December 13, 1993
Page 4
Councilman Garvin moved, seconded by Mayor Pro Tem Welch, to appoint Mr. Joe
McCarthy to Place 2 on the Cable T.V. Board.
Motion carried 6-0.
*13.
GN 93-164 ORDINANCE AMENDING FRANCHISE AGREEMENT
WITH LAIDLAW WASTE SYSTEMS _
ORDINANCE NO.1954
APPROVED
*14.
PROPOSED RATE INCREASE REQUEST BY
LAIDLAW WASTE SYSTEMS _
RESOLUTION NO. 93-50
APPROVED
*15.
GN 93-166 INTERLOCAL AGREEMENT FOR
ANIMAL SERVICES/COLLEYVILLE
APPROVED
*16.
GN 93-167 ADOPTION OF TRAIL SYSTEM MASTER PLAN
APPROVED
17.
GN 93-168 RATIFICATION OF PRIOR RESOLUTIONS
AND CORRECTION OF MINUTES _
RESOLUTION NO. 93-51
APPROVED
Councilman Garvin moved, seconded by Mayor Pro Tem Welch, to approve
Resolution No. 93-51.
Motion carried 5-0; Councilman Wood abstaining.
*18.
PU 93-87 ADDITIONAL FUNDING FOR THE
800MHZ RADIO SYSTEM IN THE DETENTION FACILITY
APPROVED
-
December 13, 1993
Page 5
*19.
PU 93-88 ADVENTURE WORLD - SCHRICKEL, ROLLINS
AND ASSOCIATES, INC. CONTRACT FOR COMPLETION
OF CONSTRUCTION DOCUMENTS
APPROVED
*20.
PU 93-89 AWARD CONTRACT FOR INSTALLATION
OF MODULAR FURNITURE IN UTILITY BILLING
APPROVED
*21.
PU 93-90 AWARD BID FOR RENOVATION OF
MAIN LOBBY AREA AND CITY HALL OFFICES
APPROVED
e
*22.
PU 93-91 AWARD BID FOR NORICH PARK RENOVATION
APPROVED
*23.
PU 93-92 AWARD BID FOR ENGLER PARK SITE CLEAN-UP
APPROVED
*24.
PU 93-93 AWARD BID FOR POLICE DEPARTMENT COMPUTERS
APPROVED
*25.
PU 93-94 AUTHORIZE PURCHASE OF MOTOROLA RADIOS
FOR THE POLICE DEPARTMENT AND FIRE DEPARTMENT
APPROVED
*26.
PU 93-95 AUTHORIZE PURCHASE OF ADDITIONAL
HARDWARE AND SOFTWARE TO UPGRADE EXISTING MDT SYSTEM
APPROVED
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*27.
PW 93-43 1994 CHIP SEAL PROGRAM
APPROVED
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December 13, 1993
Page 6
*28.
PW 93-44 1994 COUNTY OVERLAY PROGRAM
APPROVED
*29.
PW 93-45 APPROVE BUDGET FOR BROWNING
BOULEVARD EXTENSION
APPROVED
*30.
PW 93-46 TEAKWOOD COURT DRAINAGE
APPROVED
*31.
PW 93-47 REALLOCATION OF CIP FUNDS,
INCLUDING BEWLEY/ONYX DRIVE
APPROVED
*32.
PAY 93-17 APPROVE FINAL PAY ESTIMATE NO.6
IN THE AMOUNT OF $87,632.80 TO LARRY H. JACKSON
CONSTRUCTION CO., INC. FOR TIMBERHILL STORM
DRAIN IMPROVEMENTS
APPROVED
33.
CITIZENS PRESENTATION
Mr. Tom Lindsey, 5818 L.B.J. Freeway, Dallas, appeared before the Council. Mr.
Lindsey asked the Council to consider changing the 60/40 requirement on the sale of
alcohol/food. Mr. Lindsey would like to build a night club in North Richland Hills.
Consensus of the Council was not to consider changing the Ordinance.
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34.
ADJOURNMENT
Mayor Brown adjourned the meeting.
December 13, 1993
Page 7
Tommy Brown - Mayor
ATTEST:
Jeanette Rewis - City Secretary
.
.
.
MINUTES OF THE BEAUTIFICATION COMMISSION
OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
HELD IN THE PRE-COUNCIL CHAMBERS, CITY HALL,
7301 NORTHEAST LOOP 820,
November 9, 1993, 7:00 P.M.
ATTENDANCE
Present:
Deloris Pultz
Jane Dunkelberg
Alice Scoma
Billie Sommermeyer
Emily Ward
Staff:
Tim Hightshoe
Christina Lopez
Chairperson
Vice-Chairperson
commission Member
commission Member
commission Member
Parks/Public Grounds Superintendent
Secretary
Absent:
Patsy Tucker
commission Member
1.
CALL TO ORDER
Ms. Pultz called the meeting to order November 9, at 7:03 P.M.
2.
APPROVAL OF THE MINUTES
Ms. Ward moved, seconded by Ms. Dunkelberg, to approve the minutes of
the October 19, 1993, Beautification commission meeting.
Motion carried 5-0.
3.
STAFF REPORTS
The following reports were given by Mr. Hightshoe:
The Christmas Tree should be in on Friday, Nov. 12 or early
next week.
An adjustment was made on the Christmas Decorations so that we
could get the decorations in and up for this Christmas Season.
starting the week of Thanksgiving staff will begin decorating
around the City Hall buildings.
Trophy Tree Program Brochure: The Commission requested several
changes which will be incorporated into the new brochure, better
graphics, spelling. The Commission would like the brochures out
as soon as possible.
4.
DISCUSSION OF OTHER ITEMS
Ms. Ward informed the commission that the Trophy Tree Program schedule
has changed. These dates are flexible and can be adjusted. (Attached
as an FYI Report).
Ms. Scoma explained that the April Workshop is usually for Yard of the
Month Judges. This can be scheduled as a separate workshop.
The Christmas Tree Lighting Ceremony will count as the December .
Workshop.
Mrs. Sommermeyer moved, seconded by Ms. Ward, to move the December 21
meeting to December 14, and hold a workshop immediately after the
meeting to discuss the KTB Governors Application.
Motion carried 5-0.
The January 4th Workshop will cover ISTEA Funds in a presentation by
Marty Wieder.
The February 5th Workshop will cover volunteer training for the Trophy
Tree Program.
Ms. Scoma informed the Commission that they need to start planning the
Volunteer Dinner.
Councilman Welch met with the Commission regarding the proposed
resignation of commission Member Patsy Tucker. Discussion was held.
Councilman Welch will pursue the matter with the City Secretary's
Office.
The posters for the Christmas Tree Lighting Ceremony will be delivered
by the Commission members to the schools, day care center, grocery
stores.
Mrs. Sommermeyer contacted all the schools in North Richland Hills,
either in person or by mail, concerning recycling.
.
Ms. Dunkelberg handed out copies of last years KTB Governors Award
Application for their review prior to the workshop.
8:04 p.m.
ATTEST:
'&àá
Chr1.stina Lopez
Recording Secretary
.
Beautification Commission Minutes
November 9, 1993
Page - 2
., ¡
CITY OF
NORTH RICHLAND HILLS
_Department:
Subject:
Planning and Inspections
Council Meeting Date: 1/10/94
Cnn~i(Üm:¡tion of ::m amp.ndment to the Zoning Ordinance
No. 1874 regarding Personal Care Homes.
Agenda Number: PZ 93-18
Ordinance No. 1947
This item was tabled by the City Council at the December 13, 1993 meeting, after the Public Hearing was held. The Council
scheduled a workshop on December 27, 1993 to discuss items of concern by some of the council members. The attached ordinance
incorporates the suggestions made during this workshop. This amendment to the zoning regulations will allow Personal Care Homes
in all single family and duplex residential districts, upon approval of a Special Use Permit. Personal Care Homes would be allowed by
right in the U-School, Church and Institutional District. The Planning and Zoning Commission has been reviewing these regulations
over the past three months in response to the request made to the City Council in August by a representative of a Personal Care
Home operating in the city.
The key elements of the proposed Personal Care Home regulations are:
1. A Personal Care Home by the definition included in the Ordinance will allow four, but not more than six, elderly persons to live
within a dwelling unit, and provides a maximum of twelve persons in anyone structure. Facilities with three or less elderly
persons are not classified as Personal Care Homes under the provisions of this ordinance.
2. A Personal Care Home will only be allowed in the single family and duplex residential zones after approval by the City Council of a
Special Use Permit. This will give the city maximum opportunity to regulate the location and operation of Personal Care Homes.
3.
Off-street parking space requirements must be consistent with that of the zoning district, but not more than one vehicle per
bedroom to be parked on a regular basis on the lot.
4.
.
A site plan and a floor plan is required as a part of the Special Use Permit process, and no modification is allowed to the building
footprint or to the sleeping areas without an amendment to the Special Use Permit.
5. The external character of the home must be kept consistent with that of other dwelling units in the neighborhood.
6. Not more than one person per 250 square feet of habitable floor area of the structure shall be allowed, with a maximum of six
persons per dwelling unit.
7. Each Personal Care Home must be licensed by the Texas Department of Human Services. Such license shall be obtained within
one year after receiving approval of the Special Use Permit by the City, and before operation of the home may be commenced.
8. A Personal Care Home is required to have an annual inspection to assure compliance with the terms and conditions of the Special
Use Permit, in addition to any inspections required by the State.
9. No advertising signs are allowed.
10. Maintain a one-half mile radial distance from another Personal Care Home or from a Community Home for Disabled Persons.
The Planning and Zoning Commission approved the attached ordinance at its November 11, 1993 meeting and recommended
approval as presented. Since the City Council held the required public hearing at its December 13, 1993 meeting, no additional public
hearing is necessary.
RECOMMENDATION:
It i~ rAr.nmmFmrlArI th::lt thA (";ity (";ollncil consider the recommendation of the Planning and Zoning Commission
Finance Review
Source of Funds: .
Bonds (GO/Rev.)
. Operating Budget
I Other
Acct. Number
Sufficient Funds Available
tH dS' t ¡2~C't M '
n ea Igna ure I y anager
CITY COUNCIL ACTION ITEM
. Finance Director
Page 1 of
e
ORDINANCE NO. 1947
AN ORDINANCE BY THE CITY OF NORTH RICH LAND HILLS, TEXAS, AMENDING ZONING ORDINANCE NUMBER 1874, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY, REGARDING PERSONAL CARE HOMES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of
the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and
WHEREAS, 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, the Comprehensive Zoning Ordinance, by
changing the said ordinance as set forth herein.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS:
1.
THAT, Article 3, Section 310, Table of Permitted Uses, Subsection A. Residential Uses, be hereby amended to add
Personal Care Home as a use allowed by Special Use Permit in the R-1, R-2, and R-3 Single Family Residential, R-1-S
Special Single Family, and R-4-D Duplex Residential zoning districts; and to add Personal Care Home as a use by right in
the U - Church, School and Institutional zoning district.
.
2.
THAT, Article 3, Section 320, Special Land Use Regulations, be hereby amended to add the following:
(16) Personal Care Home
A. Purpose It is the intent of this Subsection to provide for Personal Care Homes within traditional residential areas to
accommodate persons who are primarily fifty-five years of age and over, regardless of their relationship to the owner
or caretaker of the Personal Care Home.
B. General Criteria Not less than eighty (80) percent of the residents of a Personal Care Home shall be fifty-five years
of age and over. A Personal Care Home shall not accommodate individuals who are bed-ridden, chronically disabled,
invalid or pose a direct threat to the health, safety, or welfare of themselves or others. A Personal Care Home shall
not constitute a halfway house, rehabilitation facility, or any other type of facility whereby individuals receive guidance
or assistance in the transition from institutional care to normal social activities and treatment, counseling, or other
services are related to such rehabilitative activities.
A Personal Care Home shall be licensed and operated in a manner consistent with such standards as may be required
by the Texas Department of Health and the Texas Department of Human Services.
When a Special Use Permit for a Personal Care Home is required by this Ordinance, unit Special Use Permit is
subject to the requirements and procedures prescribed in Article 5, Section 500 Special Use Permits, except for any
. special site plan requirements which are specified below.
C. Special Site Plan Requirements: A Site Plan shall accompany every application for a Special Use Permit for a
Personal Care Home. Such Site Plan shall include as a minimum the following information, and shall be made a part
e
of the amending ordinance. The following information is required in lieu of those requirements set forth in Article 5,
Section 500, Paragraph C 2, and Section 510 Site Plan Regulations.
a. A Plot Plan of the property showing all property lines and the footprint of all buildings.
b. A floor plan of the structure, drawn at a minimum scale of 14" = l' 0", which indicates all openings and
identifies the intended use for each room.
c. The gross floor area of the structure and the square footage of the total habitable area.
d. A letter in writing indicating the proposed number of occupants.
e. Any proposed exterior lighting.
f. Any proposed signs, where allowed.
g. Any additional information deemed necessary by the Planning and Zoning Commission or City Council.
D. Certificate of Occupancy: No Personal Care Home shall be occupied until after the Building Official has issued a
Certificate of Occupancy therefor. The Certificate of Occupancy shall state that the occupancy authorized is in
compliance with the Zoning Regulations and the approved Special Use Permit.
A new Certificate of Occupancy shall be applied for upon any change of ownership of the property or of the Personal
Care Home.
E. Annual Building Inspection Every Personal Care Home shall be subject to an annual building inspection by the
Enforcing Officer on or before the anniversary date of the Certificate of Occupancy. The purpose of the annual
building inspection is to determine compliance with the terms of the approved Special Use Permit and the Zoning
Regulations.
eF. Non-compliance with Special Use Permit: Noncompliance with the terms of the approved Special Use Permit shall
be considered a violation of this Ordinance. If it is determined by the Enforcing Officer that a Personal Care Home is
in non-compliance with the terms of the approved Special Use Permit, or any other ordinance, the owner of the
Personal Care Home shall either (1) correct such defect within 30 days after notification from the City, or (2) apply to
the City for an amendment to the Special Use Permit; or else be in violation of this ordinance and be subject to
revocation of the Special Use Pennit. Any immanent threat to health and safety shall be corrected as determined by
the Enforcing Officer. Furthermore, any violation of said Special Use Permit shall be subject the owner of the Personal
Care Home to a penalty as prescribed in Section 240, Penalty Clause.
G. Perlormance Standards The following performance standards shall be required of all Personal Care Homes:
1. Maximum Number of Residents: The number of qualified residents shall not exceed the ratio of one person for
every 250 square feet of the habitable area within the dwelling unit. However, the maximum number of qualified
persons per dwelling unit, as defined in the definitions of these Zoning Regulations, allowed as residents in a Personal
Care Home shall not exceed six persons, excluding one resident caretaker per six residents, with a maximum of twelve
qualified residents in anyone structure.
2. Parking and Traffic: Provisions for off-street parking spaces shall comply with the requirements of the base
zoning district. Daily parking and traffic activity shall not exceed the average amount of activity displayed by adjacent
properties, but in no event shall the number of cars parked on a regular daily basis exceed one car per bedroom.
.
3. Structural Modifications: In order to maintain neighborhood unit integrity, any additions or substantial
renovations that increase the gross floor area of the structure, or increase the square footage or layout of the
designated sleeping areas shall require approval by the City Council as an amendment to the Special Use Pennit.
Garage enclosures shall not be allowed. Routine maintenance of the exterior shall be exempt from this requirement.
Ordinance No. 1947
Personal Care Homes
Page 2
.
-
4. Signs: No advertising signs shall be permitted on the premises of a Personal Care Home. All signs, when allowed
by the sign regulations shall be consistent with the regulations set forth in Article 8, Sign Regulations, of the Zoning
Regulations.
5. Outside Activities: Those activities generally accepted in residential zoning districts shall be allowed, including
but not limited to garage sales and cook outs. All garage sales shall conform to the garage sale regulations contained
elsewhere in the zoning regulations for residentially zoned properties. Excessively loud noises are subject to Section
15-58 of the Code of Ordinances of the City of North Richland Hills.
6. Distance from Similar Facilities: A Personal Care Home shall not be located within a one-half mile radius from
another Personal Care Home, or from a Community Home for Disabled Persons, as defined by Chapter 123.001 , Tex.
Human Resources Code, V.T.CA, or a similar group home or institution.
7. Licensing: Every Personal Care Home shall be licensed by the Texas Department of Human Resources as
required by the Personal Care Facility Licensing Act, Section 247.021, Tex. Health and Safety Code, V.T.CA
Furthermore, such License shall have been obtained prior to the first annual re-inspection required herein or else be in
violation of this ordinance. Every Personal Care Home shall comply with applicable state and federal laws regarding
such facilities.
3.
THAT, Article 10, Section 1000 Definitions, Personal Care Home, be hereby amended to read as follows:
. Personal Care Home - A quasi-residential facility where room, board, and personal services are provided within a dwelling
unit to four, but not more than six primarily elderly persons, regardless of the relationship to the owner. Personal care
services include assistance with meals, dressing, movement, bathing, or other personal needs or maintenance, or
administration of medication by a person licensed to administer medication, as defined by the Personal Care Facility
Licensing Act, Section 247.002, Tex. Health and Safety Code, V.T.C.A.
4.
THAT, Article 10, Section 1000 Definitions, Residence Apartment for the Aged, be hereby deleted.
5.
THAT, Article 3, Section 310, Table of Permitted Uses, Subsection A. Residential Uses, be hereby amended to delete
Residence Apartment for the Aged.
6.
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
Ordinance No. 1947
Personal Care Homes
Page 3
,
without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or
section.
7.
SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance of the City of North Richland
Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance.
8.
EFFECTIVE DATE. This ordinance shall be in full force from and after its passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 11th DAY OF NOVEMBER, 1993.
Chairman, Planning and Zoning Commission
, Secretary, Planning and Zoning Commission
PASSED AND APPROVED BY THE CITY COUNCIL THIS 10TH DAY OF JANUARY, 1994.
Mayor, City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO FORM AND LEGALITY:
, Attorney for the City
Ordinance No. 1947
Personal Care Homes
Page 4
-
CITY OF
NORTH RICHLAND HILLS
Department:
.ubject:
Plannina and Inspections
Council Meeting Date: 1/10/94
Agenda Number: PZ 93-19
Consideration of an amendment to the Zonina Ordinance
No. 1874 regarding Community Homes for Disabled Persons.
Ordinance No. 1953
This item was tabled by the City Council at the December 13. 1993 meeting since it was closely related to the Personal
Care Home ordinance.
In 1985, the Texas State Legislature passed the Community Homes for Disabled Persons Location Act. This Act set forth
requirements and standards for and location criteria of family homes in Texas communities. Section 4 of this Act states
that a community home that meets the requirements of the Act is a permitted use in all residential zoning districts in the
state of Texas.
This amendment serves only one purpose: to revise the definition for this use in the regulations. The proposed definition
is consistent with state statutes regarding this type of facility. This ordinance will delete the current definition "Group Home
for the Handicapped" and insert "Community Homes for Disabled Persons" in its place.
The Planning and Zoning Commission approved the attached ordinance at its November 11, 1993 meeting and
recommended approval as presented. Since the City Council held the required public hearing at its December 13, 1993
meeting, no additional public hearing is necessary.
RECOMMENDATION:
It is recommended that the City Council consider the recommendation of the Planning and Zoning Commission.
.-
Finance Review
Source of Funds:
Bonds (GO/Rev.)
." Operati~g BUdg,.e, t" ' " .'
Other "1= n ---- -;e 11-~
Depart~t Head Signature (J --City Manager
CITY COUNCIL ACTION ITEM
Acct. Number
Sufficient Funds Available
, Finance Director
Page 1 of
.
ORDINANCE NO. 1953
AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ZONING ORDINANCE NUMBER 1874, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY, REGARDING COMMUNITY HOMES FOR DISABLED PERSONS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Title 28, Article 1011 n, Section 4, of Vernon's Texas Codes Annotated states that a Family Home for Disabled
Persons is a permitted use in all residential zones or districts in the State of Texas; and
WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of
the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and
WHEREAS, 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, the Comprehensive Zoning Ordinance, by
changing the said ordinance as set forth herein.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS:
1.
THAT, Article 10, Section 1000 Definitions, Group Home for the Handicapped, be hereby deleted.
.
2.
THAT, Article 10, Section 1000 Definitions, be amended to insert the following definition:
Community Home for Disabled Persons- A residential home operated by the Texas Department of Mental Health and
Mental Retardation, a community center organized under Section 3.01 of the Texas Mental Health and Mental Retardation
Act, a non-profit corporation, or an entity certified by the Texas Department of Human Resources as a provider under the
intermediate care facilities for mentally retarded program, which provide services to disabled persons.
Such facility shall provide to the disabled residents food and shelter, personal guidance, care, habilitation services, or
supervision. Not more than six disabled persons, regardless of their legal relationship to one another, and two supervisory
personnel may reside in such facility at the same time.
Such facility shall meet all applicable licensing requirements of the state of Texas, shall not be located within one-half mile
of a previously existing community home for disabled persons, and shall meet all applicable requirements of this and other
pertinent ordinances of the City of North Richland Hills, Texas.
3.
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.
.
4.
SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance of the City of North Richland
Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance.
5.
EFFECTIVE DATE. This ordinance shall be in full force from and after its passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 11th DAY OF NOVEMBER, 1993.
/:) /ì/) .
"' '~ /.,1,'_-':, ¡I '\
----. , ,.. ' ,J ..
¡\ "" LA;o:C ,À/l-v''-"' 'r\J
.
Secretary, Planning and Zoning Commission
~.~
lanning and Zoning Commission
Chairm
PASSED AND APPROVED BY THE CITY COUNCIL THIS 1 Oth DAY OF JANUARY, 1994.
.
Mayor, City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
.
Ordinance No. 1953
Community Homes for Disabled Persons
Page 2
CITY OF
NORTH RICHLAND HILLS
Department:
.3Ubject:
Planning and Insoections
Council Meeting Date: 1/10/94
Public Hearing to consider the request of Sinaco Development Agenda Number: _ PZ 93-23
to rezone Tracts 6E and 6E2, William Cox Survey, Abstract 321,
from AG Agriculture to R-2 Single Family Residential. This property is
located in the 7500 block of Hightower Drive.
Ordinance No. 1955
Sinaco Development is the owner of two tracts of land located on Hightower Drive, just east of Holiday Lane. The lots are
currently zoned AG Agriculture, and the owner is requesting a zoning change to R-2 Single Family Residential in order to
develop two houses on the property.
The two tracts are basically "left-overs" from the development of Briarwood Estates, which surrounds each of the tracts of
land. Each tract is proposed to be platted into a separate lot for a single family dwelling. One of the tracts is 0.3517 acres,
and the other tract is 1.3561 acres. They are very unusual in shape. When platted, both lots will exceed the minimum lot
size requirement of 9,000 square feet in the R-2 zoning district.
This request is in compliance with the Comprehensive Land Use Master Plan which calls for low density single family
development in this area.
The Planning and Zoning Commission considered this request at their DecelT'ber 9, 1993 meeting and recommended
approval.
RECOMMENDATION:
It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the
Planning and Zoning Commission.
I
I
I Source of Funds:
I Bonds (GO/Rev.)
i. Operating Budget -
, Other ~ :Î) \. . /' /,
I ~t. G~ )C1y~
Depa en Head Signature ' City Manager
CITY COUNCIL ACTION ITEM
Finance Review
AccL Number
Sufficient Funds Available
Finance Director
Page 1 of
ORDINANCE NO. 1955
.
AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER
1874, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON MARCH 22, 1993; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of
the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and
WHEREAS, 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 and the Official Zoning Map by rezoning
certain property; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS:
1.
THAT, on Case Number PZ 93-23, the following properties shall be rezoned from AG Agriculture to R-2 Single Family
Residential:
ALL that certain tract or parcel of land situated in the William Cox Survey, Abstract No. 321, Tarrant County, Texas
and embracing the westerly tract described in the deed to Sinaco DevelC'.pment, Inc. recorded in Volume 11278, Page
978, of the Deed Records, Tarrant County, Texas and described by metes and bounds as follows:
.
BEGINNING at a 1/2-inch steel rod found for the northwesterly corner of said westerly Sinaco tract;
THENCE South 89 degrees 59 minutes 58 seconds East with the northerly boundary line of said westerly Sinaco tract
98.14 feet to a 1/2-inch capped steel rod stamped "Moak Surv. Inc." being in the westerly right-of-way line of
Hightower Drive;
THENCE South 14 degrees 14 minutes 11 seconds West with said westerly right-of-way line 133.54 feet to a 1/2-inch
capped steel rod stamped "Moak Surv., Inc." for the beginning of a curve to the right;
THENCE with said curve to the right having a radius of 199.83 feet, a central angle of 37 degrees 31 minutes 06
seconds, an arc length of 130.85 feet and a long chord South 33 degrees 00 minutes 10 seconds West 128.53 feet to
a 1/2-inch capped steel rod stamped "Moak Surv., Inc." for the Southerly corner of said westerly Sinaco tract;
THENCE North 01 degrees 08 minutes 09 seconds East with the westerly boundary line of said westerly Sinaco tract
237.28 feet to the place of beginning and containing 0.3516 acres of land, more or less.
AND
ALL that certain tract or parcel of land situated in the William Cox Survey, Abstract No. 321, Tarrant County, Texas
and embracing the easterly tract described in the deed to Sinaco Development, Inc. recorded in Volume 11278, Page
978, of the Deed Records, Tarrant County, Texas and described by metes and bounds as follows:
.
BEGINNING at a 1/2-inch capped steel rod stamped "Moak Surv., Inc." for the northwest corner of said easterly
Sinaco tract and being in the easterly right-of-way line of Hightower Drive from which a 1/2-inch steel rod found for the
northwest corner of said westerly Sinaco tract bears North 89 degrees 59 minutes 58 seconds East 98.14 feet;
THENCE North 89 degrees 58 minutes 41 seconds East with the northerly boundary line of said easterly Sinaco tract
90.80 feet to a 1/2-inch capped steel rod stamped "Moak Surv., Inc." for the northeast corner of same;
THENCE South 00 degrees 32 minutes 00 seconds West with the easterly boundary line of said tract 388.94 feet to a
1/2-inch capped steel rod stamped "Moak Surv., Inc." for the southeast corner of said easterly Sinaco tract;
.
THENCE North 89 degrees 38 minutes 25 seconds West with the southerly boundary line of said easterly Sinaco tract
186.15 feet to a 1/2-inch steel rod found for the southwest corner of same;
THENCE North 19 degrees 28 minutes 37 seconds West with the westerly boundary line of said easterly Sinaco tract
101.36 feet to a 1/2-inch capped steel rod stamped "Moak Surv., Inc." being in the easterly right-of-way line of
Hightower Drive and a curve to the left;
THENCE with said right-of-way line and said curve to the left having a radius of 267.83 feet, a central angle of 38
degrees 02 minutes 13 seconds, an arc length of 177.80 feet and a long chord of North 33 degrees 15 minutes 37
seconds East 174.56 feet to a 1/2-inch capped steel rod stamped "Moak Surv., Inc.";
THENCE North 14 degrees 14 minutes 11 seconds East continuing with said right-of-way line 142.60 feet to a a 1/2-
inch capped steel rod stamped "Moak Surv., Inc." for the beginning of a curve to the right;
THENCE continuing with said right-of-way line and said curve to the right having a radius of 634.00 feet, a central
angle of 00 degrees 44 minutes 31 seconds, an arc length of 8.21 feet and a long chord of North 13 degrees 52
minutes 13 seconds East 8.21 feet to the place of beginning and containing 1.3561 acres of land, more or less.
This property is generally located in the 7500 block of Hightower Drive.
2.
. THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein
described ordinance number be affixed to the property described herein.
3.
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.
4.
SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance of the City of North Richland
Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance.
5.
EFFECTIVE DATE. This ordinance shall be in full force from and after its passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 9th DAY OF DECEMBER, 1993.
.
Ordinance No. 1955
Page 2
Chairman, I
. // '¡
, ,
I'C ~,/
11 /,
. ~. ( .
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------/':,J.ifl¡ --
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Secretary, Planning and Zoning Commission
.
PASSED AND APPROVED BY THE CITY COUNCIL THIS 1 Oth DAY OF JANUARY, 1994.
Mayor, City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO FORM AND LEGALITY:
. Attorney for the City
.
Ordinance No. 1955
Page 3
.
CALL TO ORDER
ROLL CALL
CONSIDERATION OF MINUTES
OF NOVEMBER 11, 1993
. PLATS AND SUBDIVISIONS
1. PS 93-28
ZONING CASES
2. PZ 93-23
3. PZ 93-24
.
MINUTES FOR THE REGULAR MEETING OF THE
PLANNING AND ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
December 9, 1993 - 7:30 p.m.
PRESENT
Chairman
Members
The meeting was called to order by Chairman James Brock at
Director Plan/lnsp
Planner
Plans Examiner
James Brock
Paul Miller
Ron Lueck
Don Bowen
Fred Wilson
David Barfield
Victor Baxter
Barry LeBaron
Clayton Hu nd
Gregory ngton
Mr. Lueck made the motio 0 approve the minutes. The motion was seconded by
Mr. Miller, and the mati carried 7-0.
Public Hearing consider the request of David Austin for a Replat of Lots 2 and 3,
Block 11, Me ow Lakes Addition. This property is located at 6332 Skylark Circle.
Chairman rock stated that the applicant has requested that this item be postponed
until th ext meeting.
wen made the motion to table PS 93-28 until the next meeting. The motion
seconded by Mr. Baxter, and the motion carried 7-0.
Public Hearing to consider the request of Sinaco Development to rezone Tracts 6E
and 6E2, William Cox Survey, Abstract 321, from AG Agriculture to R-2 Single
Family Residential. This property is located in the 7500 block of Hightower Drive.
Chairman Brock opened the Public Hearing and called for those wishing to speak to
come forward at this time. There being no one wishing to speak, Chairman Brock
closed the Public Hearing.
Mr. Wilson made the motion to approve PZ 93-23. The motion was seconded by
Mr. Barfield, and the motion carried 7-0.
earing to consider the request of Billy and Rosa Ie I racts
3C3 an rtin Survey, Abstract 1055, from AG Agriculture to R-2 Single
Family Residentla . roperty is located at 6701 Precinct Line Road.
Chairman Brock opened the Pub Ii
come forward at this time. There being no
closed the Public Hearing.
and called for those wishing to speak to
. hing to speak, Chairman Brock
Zoning Case Review Fact Sheet
Case No. PZ 93-23
.
Hearing Dates:
PZ 12/09/93
CC 1/10/94
REQUEST: AG Agriculture to R-2 Single Family Residential
APPLICANT: Sinaco Development, NRH, TX
PROPERTY OWNER: Same
SIZE AND LOCATION: Approximately 1.7077 acres located on Hightower Drive, east of Holiday
Lane.
SITE CHARACTERISTICS: Two tracts of land, with a generally flat terrain and many trees.
PROPOSED USE: Single family dwellings
ADJACENT ZONING/LAND USES
.
North
South
East
West
R-2: existing single family residences (Briarwood Estates)
AG: existing single family residence and acreage
R-2: existing single family residences (Briarwood Estates)
R-2: existing single family residences (Briarwood Estates)
DRAINAGE According to the most recent FEMA maps, this property does not lie in a flood plain.
THOROUGHFARE PLAN Access to this property is from Hightower Drive, classified as a C4U
thoroughfare (Major Collector, 4-lane, undivided roadway).
LAND USE MASTER PLAN The Comprehensive Land Use Master Plan calls for low density single
family residential development in this area. This request is consistent with the Plan.
ZONING HISTORY
This property was initially zoned AG Agriculture in 1967. This is the first zoning change request on
the property.
PLATTING HISTORY
This property is currently unplatted. The owner is preparing a Preliminary Plat of the property. The
plat will be considered by the Commission at a future meeting.
.
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PZ 93-23 Sinaco Development
List of Propery Owners Notified
Briarwood Estates
Block 6
Lot 10
Lot 11
Block 8
Lot 5
Lot 6
Lot 7
Lot 8
Lot 9
Lot 10
Lot 11
Lot 12
Lot 13
Lot 14
Lot 15
Lot 16
Lot 27
Lot 28
Lot 29
Block 9
Lot 1
Lot 2
Lot 3
Block 13
Lot 6
Lot 7
Lot 8
Lot 9
Lot 10
Lot 11
Lot 22
Lot 23
Lot 24
Lot 25
Hewitt Estates
Block B
Tract B2
Tract B3
Tract B5
Ruth Ann Dixson
Rupert Martin
6932 Post Oak Drive, NRH, TX 76180-3419
7701 Turner Drive, NRH, TX 76180-3430
Sherry Brewer
Phillip Cunningham
Timothy Carter
F. Wayne Martin
Thomas Birdwell
Bruce Tucker
Bruce Zimmer
Thomas Schuchman
Stephen Jackson
Barbara Trantham
Donald Barrow
Judith Skinner
Robert Biehl
Philip Struble
Chester Zalewski
6917 Post Oak Drive, NRH, TX 76180-3418
6921 Post Oak Drive, NRH, TX 76180-3418
3617 Greenbriar Court, Bedford, TX 76021-2086
6929 Post Oak Drive, NRH, TX 76180-3418
6933 Post Oak Drive, NRH, TX 76180-3418
6939 Post Oak Drive, NRH, TX 76180-3418
7001 Post Oak Drive, NRH, TX 76180-3422
7005 Post Oak Drive, NRH, TX 76180-3422
7013 Post Oak Drive, NRH, TX 76180-3422
7013 Post Oak Drive, NRH, TX 76180-3422
7017 Post Oak Drive, NRH, TX 76180-3422
7021 Post Oak Drive, NRH, TX 76180-3422
7608 Hightower Drive, NRH, TX 76180-3413
7604 Hightower Drive, NRH, TX 76180-3413
7600 Hightower Drive, NRH, TX 76180-3413
Cliff Farmer
Larry Hickerson
Michael Meyer
7601 Hightower Drive, NRH, TX 76180-3414
7605 Hightower Drive, NRH, TX 76180-3414
7609 Hightower Drive, NRH, TX 76180-3414
Laura Smithey
William M. Hughes IV
William Shedden
Ronald House
Texas Best Custom Homes
James Powell
Marshall Valentino
Ronald Barkman
Richard Chambers
Paul McMurrey
6805 Hadley Drive, NRH, TX 76180-4441
7524 Wentwood Court, NRH, TX 76180-2810
7528 Wentwood Court, NRH, TX 76180-2810
7529 Wentwood Court, NRH, TX 76180-2810
7510 Davis Blvd, Suite D, NRH, TX 76180
7521 Wentwood Court, NRH, TX 76180-2810
7520 Brentwood Court, NRH, TX 76180-2809
7524 Brentwood Court, NRH, TX 76180-2809
7528 Brentwood Court, NRH, TX 76180-2809
5902 Chimney Wood Or, Ft Worth, TX 76112-3031
James Craine
David Carter
Cynthia Lloyd
6900 Meadow Road, NRH, TX 76180-3829
7601 Hewitt Street. NRH, TX 76180-3925
7605 Hewitt Street. NRH, TX 76180-3925
.
.
.
IlG
CHANGE TO: - ê.
LEGAL DESCRIPTION: ... <5 e~ fJ
NEW OWNER: NAME .5' / N flCo
ADDRESS h!()5' ë9 ad .~ ~ ~J 76!,¡JCJ
APPLICANT MUST PROVIDE PROOF OF OWNERSHIP 0 A LETTER FROM THE OWNER GIVING HIM
PERMISSION TO REQUEST THIS ZONING CHANGE.
PREVIOUS OWNER: NAME fÞz D. ill I}IKj K Lr;/I#, 1J Bj) PHONE / - ,p/~ - h fì7 - 5113 7
ADDRESS~Ó5'~JLd Mrth /?,JiJ~'#'
NAME S~:;1ço_~~9iR;fH/fZNf JikPHON}, /-~/~- e~l~?f¿
ADDRESS ¡f¿ð!PL-~ ~PL~4 tditJ dJ{ Zi~ 7b/¡1'C
ENGINEER/~ ..-R: NAME iJwEN D. 1...01/6- J lÎ5.so~/AìP-??~bNE /-g/?-2#/-~/2/
,-
ADDRESS /&:'/S-¡Jfèc/t;J¿""~~ad..tyo(, 'IIu!~f ~'t1ø-
REASON FOR ZONING -r- I I ' , I ~
CHANGE L12- Q(y'e !ð¿) TI1f' ~/cJ ,/J1l~ {ö ý" -frAl-o
I I I
,5^,~/..,. -A"'l< ~"
$ 1#'1 (/ ~ T&WJ I . /1/
V 7
$300.00
D?!~' ~ 1<79'3
PRESENT ZONING:
DEVELOPER:
PROPOSED USE
ZONING FEE:
COPIES REQUIRED
FILING DEADLINE
'pz. ~3... L.b
--.
CITY OF NORTH RICHLAND HILLS
APPLICATION FOR ZONING CHANGE
33 copies of plat or survey
15th of each month to be heard following month
~icant or A
k,
/
CITY OF
NORTH RICHLAND HILLS
Department:
.ubject:
Planninq and Inspections
Council Meeting Date:
1/1 0/94
Public Hearing to consider the request of Billy and Rosalie Agenda Number:
Mitchell to rezone Tracts 3C3 and 3C4, Martin Survey, Abstract 1055,
from AG Agriculture to R-2 Single Family Residential. This property is
located at 6701 Precinct Line Road.
PZ 93-24
Ordinance No. 1956
Billy and Rosalie Mitchell are the owners of two tracts of land located at 6701 Precinct Line Road. The owners have
applied for a zoning change on the property from AG Agriculture to R-2 Single Family Residential in order to develop single
family dwellings on the property.
The owners have not submitted any type of proposed development plan for the property. However, given the size of the
tract and the density of the R-2 zoning district. approximately 18-19 single family lots can be developed on the property.
The R-2 district requires 9,000 square foot lots and 1,800 square foot homes. The typical lot size is 70' x 110'.
This request is in compliance with the Comprehensive Land Use Master Plan which calls for low density single family
development in the area.
There is one concern regarding this request. To the west of this property is a 1.11 acre triangular tract of land. This tract
is bordered on the west by several platted but undeveloped lots. (see attachpd map) If the property under consideration
develops, and the other platted lots develop. the triangular tract of land will not have access from any public street.
However, the triangular tract and the undeveloped platted lots are owned by the same company, Tar-Two, Inc., out of
Houston.
.The Planning and Zoning Commission considered this request at their December 9, 1993 meeting and recommended
approval.
RECOMMENDATION:
It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the
Planning and Zoning Commission.
Finance Review
I
.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other ~
í3,,-,-~. ß~
Dep ment Head SIgnature
CITY COUNCIL ACTION ITEM
Acct. Number
Sufficient Funds Available
(1~
.c., lì0·~
City Manager
. Finance Director
Page 1 of
ORDINANCE NO. 1956
.
AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER
1874, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON MARCH 22, 1993; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of
the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and
WHEREAS, 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 and the Official Zoning Map by rezoning
certain property; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS:
1.
THAT, on Case Number PZ 93-24, the following properties shall be rezoned from AG Agriculture to R-2 Single Family
Residential:
ALL that certain tract or parcel of land situated in the TK Martin Survey, Abstract No. 1055, Tarrant County, Texas
and embracing portions of Tracts 1 and 2 described in the deed to Billy Glenn Mitchell and wife. Rosalie Mitchell
recorded in Volume 5513, Page 856 of the Deed Records, Tarrant County, Texas and described by metes and bounds
as follows:
.
BEGINNING at a 1/2-inch capped steel rod stamped "Moak Surv., Inc." for the northwest corner of the tract described
in the deed to the State of Texas recorded in Volume 11262, Page 603 of said Deed Records and being in the north
boundary line of said Tract 1 and the westerly right-of-way line of F.M. Road No. 3029 (Precinct Line Road);
THENCE South 00 degrees 01 minutes 56 seconds West with said right-of-way line 158.12 feet to a Texas Highway
Department aluminum disc;
THENCE South 01 degrees 33 minutes 10 seconds West continuing with said right-of-way line 156.98 feet to a Texas
Highway Department aluminum disc for the southwest corner of said State of Texas tract and being in the South
boundary line of said Tract 2;
THENCE South 89 degrees 48 minutes 00 seconds West along said South boundary line 640.67 feet to a 3/8-inch
steel rod found for the southwest corner of said Tract 1;
THENCE North 00 degrees 04 minutes 36 seconds East with the West boundary line of said Tract 1 a distance of
310.80 feet to a 1/2-inch steel rod found for the northwest corner of said Tract 1;
THENCE North 89 degrees 25 minutes 28 seconds East with the north boundary line 644.62 feet to the place of
beginning and containing 4.624 acres of land, more or less.
This property is located at 6701 Precinct Line Road.
2.
. THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein
described ordinance number be affixed to the property described herein.
3.
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.
4.
SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance of the City of North Richland
Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance.
5.
EFFECTIVE DATE. This ordinance shall be in full force from and after its passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 9th DAY OF DECEMBER, 1993.
, ~~æ~.~
. Secretary, Planning a~'d Zoning Commission
Chairman, P n ing and Zoning Commission
PASSED AND APPROVED BY THE CITY COUNCIL THIS 1 Dth DAY OF JANUARY, 1994.
Mayor, City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO FORM AND LEGALITY:
.
Attorney for the City
Ordinance No. 1956
Page 2
.
CALL TO ORDER
ROLL CALL
CONSIDERATION OF MINUTES
OF NOVEMBER 11, 1993
.PLATS AND SUBDIVISIONS
1. PS 93-28
ZONING CASES
2. PZ 93-23
3. PZ 93-24
.
MINUTES FOR THE REGULAR MEETING OF THE
PLANNING AND ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
December 9, 1993 - 7:30 p.m.
The meeting was called to order by Chairman James Brock at 7:30 p.m.
PRESENT
Chairman
Members
James Brock
Paul Miller
Ron Lueck
Don Bowen
Fred Wilson
David Barfield
Victor Baxter
Barry LeBaron
Clayton Husband
Gregory Arrington
Director Plan/lnsp
Planner
Plans Examiner
Mr. Lueck made the motion to approve the minutes.
Mr. Miller, and the motion carried 7-0.
Public Hearing to consider the request of David Austi
Block 11, Meadow Lakes Addition. This property i
r a Replat of Lots 2 and 3,
cated at 6332 Skylark Circle.
Chairman Brock stated that the applicant has
until the next meeting.
Mr. Bowen made the motion to table 93-28 until the next meeting. The motion
was seconded by Mr. Baxter, and t motion carried 7-0.
Public Hearing to consi
and 6E2, William Co
Fam i Iy Residential
the request of Sinaco Development to rezone Tracts 6E
rvey, Abstract 321, from AG Agriculture to R-2 Single
is property is located in the 7500 block of Hightower Drive.
Chairman Br opened the Public Hearing and called for those wishing to speak to
come forw. at this time. There being no one wishing to speak, Chairman Brock
closed Public Hearing.
Milson made the motion to approve PZ 93-23. The motion was seconded by
. Barfield and the motion carried 7-0.
Public Hearing to consider the request of Billy and Rosalie Mitchell to rezone Tracts
3C3 and 3C4, Martin Survey, Abstract 1055, from AG Agriculture to R-2 Single
Family Residential. This property is located at 6701 Precinct Line Road.
Chairman Brock opened the Public Hearing and called for those wishing to speak to
come forward at this time. There being no one wishing to speak, Chairman Brock
closed the Public Hearing.
PZ Minutes - Page 2
December 9, 1993
·
Mr. Barfield made the motion to approve PZ 93-24. The motion was seconded by
Mr. Lueck, and the motion carried 7-0.
4. PZ 93-26
blic Hearing to consider the request of the City of North Richland Hills to rezone
L 1-3, Block 13, Meadow Lakes Addition, from R-6-T Townhome Residential to J
PD lanned Development. This property is located in the 6200 block of Skylark
Circ
Brock opened the Public Hearing and called for those wishing to speak to
ard at this time.
Chairman
zoning distri
property own
ck stated this is a house-cleaning issue to bring these properties into J
to reflect what is actually bui It on the property. He stated that all the
were notified of this hearing.
wishing to speak, Chairman Brock closed the Public Hearing.
otion to approve PZ 93-26. The motion was seconded by Mr.
carried 7-0.
5. PZ 93-27
Public Hearing to conside he request of Charles Leverton to rezone Lots 1-3, Block
2, Mollie B. Collins Additio and Tract 2Fl, W. Cox Survey, Abstract 321, from AG
Agriculture to R-3 Single Fam Residential. This property is located in the 7800
block of Odell Street.
·
Chairman Brock opened the Publ Hearing and called for those wishing to speak to
come forward at this time.
Mr. Charles Leverton, 7816 Odell Str ,came forward to speak. He requested a
refund of his application fee due to the merous housing construction on the
adjacent properties. He stated he does n see why the zoning on his property was
not changed when the other properties we He stated he has owned the property
since 1973, and the property has been taxe s residential property.
Chairman Brock stated Tarrant Appraisal Distri 's the body that determines what
property is taxed as.
Mr. LeBaron stated the property has been zoned agr Iture for some time, and the
properties around it have changed. He stated the zon has remained the same
until this property owner came in and requested a chan
There being no one else wishing to speak, Chairman Brock closed the Publi
Hearing.
Mr. Lueck stated the city would not go out and rezone Ian
owner being notified of the change.
Chairman Brock stated the owners of the neighboring propertie
for a zoning change on their particular property.
·
Mr. Bowen stated the city sometimes rezones property, but it is usua
mistake or incompatibility problem.
Mr. Leverton stated the property has always been taxed as residential pro
Zoning Case Review Fact Sheet
Case No. PZ 93-24
·
Hearing Dates:
PZ 12/09/93
CC 1/10/94
REQUEST: AG Agriculture to R-2 Single Family Residential
APPLICANT: Billy and Rosalie Mitchell
PROPERTY OWNER: Same
SIZE AND LOCATION: 4.624 acres located at 6701 Precinct Line Road.
SITE CHARACTERISTICS: Generally flat terrain with existing houses. Small amount of trees on
property. A barbed wire fence exists along Precinct Line Road.
PROPOSED USE: Single family residence.
ADJACENT ZONING/LAND USES
·
North
South
East
West
R-2: existing single family lots (Woodland Terrace subdivision)
AG: existing single family residence and acreage
unknown: City of Hurst (single family subdivision)
AG: vacant property
DRAINAGE According to the most recent FEMA maps, a portion of this property ~ lie in a flood
plain. An exact determination cannot be made.
THOROUGHFARE PLAN Access to this property is from Precinct Line Road, classified as a M6D
thoroughfare (Minor Arterial, 6-lane, divided roadway).
LAND USE MASTER PLAN The Comprehensive Land Use Master Plan calls for low density single
family development in this area. This request is consistent with the Plan.
ZONING HISTORY
This property was originally zoned AG Agriculture in 1967. There have been no subsequent requests
for rezoning on this property.
PLATTING HISTORY
This property is currently unplatted. The owner is preparing a Preliminary Plat of the property. The
plat will be considered by the Commission at a future meeting.
·
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·
PZ 93-24 Billy and Roslie Mitchell
List of Property Owners Notified
Woodland Terrace Addition
Block 1
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8
Lot 9
Lot 10
Lot 11
Lot 12
Lot 15
Lot 16
Lot 1 7
Lot 18
Lot 19
Lot 20
Lot 21
Lot 22
Lot 23
Lot 24
Redbud Capital, Inc.
Redbud Capital, Inc.
Redbud Capital, Inc.
Redbud Capital, Inc.
Redbud Capital, Inc.
Redbud Capital, Inc.
Redbud Capital, Inc.
Redbud Capital, Inc.
Redbud Capital, Inc.
Redbud Capital, Inc.
Redbud Capital, Inc.
Redbud Capital, Inc.
Redbud Capital, Inc.
Redbud Capital, Inc.
Redbud Capital, Inc.
Redbud Capital, Inc.
Redbud Capital, Inc.
Redbud Capital, Inc.
Redbud Capital, Inc.
Redbud Capital, Inc.
Redbud Capital, Inc.
Redbud Capital, Inc.
Nob Hill Addition
Block 6
Lot 41
Lot 42
Lot 43
Lot 44
Lot 45
Tar-Two Inc.
Tar-Two Inc.
Tar-Two Inc.
Tar-Two Inc.
Tar-Two Inc.
TK Martin Survey, A-l 055
Tract 3C Tar-Two Inc.
Tract 3C 1 David Dionisi
Tract 3C2 David Dionisi
City of Hurst
2000 E Lamar Blvd, #150, Arlington, TX 76006-7336
2000 E Lamar Blvd, #150, Arlington, TX 76006-7336
2000 E Lamar Blvd, #150, Arlington, TX 76006-7336
2000 E Lamar Blvd, #150, Arlington, TX 76006-7336
2000 E Lamar Blvd, #150, Arlington, TX 76006-7336
2000 E Lamar Blvd, #150, Arlington, TX 76006-7336
2000 E Lamar Blvd, #150, Arlington, TX 76006-7336
2000 E Lamar Blvd, #150, Arlington, TX 76006-7336
2000 E Lamar Blvd, #150, Arlington, TX 76006-7336
2000 E Lamar Blvd, #150, Arlington, TX 76006-7336
2000 E Lamar Blvd, #150, Arlington, TX 76006-7336
2000 E Lamar Blvd, #150, Arlington, TX 76006-7336
2000 E Lamar Blvd, #150, Arlington, TX 76006-7336
2000 E Lamar Blvd, #150, Arlington, TX 76006-7336
2000 E Lamar PJvd, #150, Arlington, TX 76006-7336
2000 E Lamar Blvd, #150, Arlington, TX 76006-7336
2000 E Lamar Blvd, #150, Arlington, TX 76006-7336
2000 E Lamar Blvd, #150, Arlington, TX 76006-7336
2000 E Lamar Blvd, #150, Arlington, TX 76006-7336
2000 E Lamar Blvd, #150, Arlington, TX 76006-7336
2000 E Lamar Blvd, #150, Arlington, TX 76006-7336
2000 E Lamar Blvd, #150, Arlington, TX 76006-7336
910 Travis Street #509, Houston, TX 77002-5815
910 Travis Street #509, Houston, TX 77002-5815
910 Travis Street #509, Houston, TX 77002-5815
910 Travis Street #509, Houston, TX 77002-5815
910 Travis Street #509, Houston, TX 77002-5815
910 Travis Street #509, Houston, TX 77002-5815
6649 Precinct Line Rd, NRH, TX 76180-4315
6649 Precinct Line Rd, NRH, TX 76180-4315
1505 Precinct Line Rd, Hurst TX 76054
·
·
·
CITY OF NORTH RICHLAND HILLS
APPLICATION FOR ZONING CHANGE
,Ile;:. 1:1 /" I 'c U / fu r a /
J1.-ê. S.LW:e ám,"lv /PesiJ~-h·a/
LEGAL DESCRIPTION: S~ Q Ii-&:.L/ F~;I At-is
rJ1 il~/..L 5~~ ~ ~ç-
NEW OWNER: NAME ß¡¡...J....( ~L !e¡y¡ý I RfJ.<jAJ..J F 1fIIITC~H9NE /-g/,? - 2~rr/ ~~t9,~
ADDRESS <G1t7/ I ·J,{¡~~Æd. No"..1I " ? /~~.) P//~o
APPLICANT MUST PROVIDE PROOF OF OWNERSHIP OR A LETTER FROM THE OWNER G VING HIM
PERMISSION TO REQUEST THIS ZONING CHANGE.
PREVIOUS OWNER: NAMJ1;UýCt..B/II/f! ¡foS/JI.;E ØtæH E/..L PHONE / -f/1- ;Z$¡-6/f<J ¡t.
ADDRESS¿7(}IÄCI;,JI.t~.(JKJ d~Æ"d/~j /1/1, þ;@\ /i/~ò
NAME . ~ /7 IV)
ADDRESS ~
/l J' ~
ENGINEER/~JJtH:V$.: NAME ~J l3.tf ..D, lONe;. , JlS50r:J~c.,.PHONE / -9/7 - 2&/-cC/ ¿ /
ADDRESS/~/çmCI,;J/~fJ Jf.¡()¿ þ~(> "b;:;.> /6CJß
. I
REASON FOR ZONING J / '
CHANGE ~ cJp Ý.f";t,¡f? 771,. /' /' ~1 ,~ f- ~I if""
';'ow¡}' /¡ Om" .s; Jt;....s .
J¡ 11 qt. -f-dYr7')V
v /
$300.00
PRESENT ZONING:
CHANGE TO:
DEVELOPER:
PHONE
PROPOSED USE
ZONING FEE:
COPIES REQUIRED
33 copies of plat or survey
FILING DEADLINE
15th of each month to be heard following month
/1-
Date
c C; .-"
/- /~
'2~)2~'¿-/ <?~
Signature of Applicant or Agent
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Inspections
Council Meeting Date: 1/10/94
ubject:
Public HAaring to consider rezoning Lots 1-3. Block 13. Meadow Lakes Agenda Number:
from R-6-T Townhome Residential to a PD Planned Development. This
property is located in the 6200 block of Skylark Circle.
PZ 93-26
Ordinance No. 1958
There are three single-family lots located on the south side of Skylark Circle immediately adjacent to the putting green at
Iron Horse Golf Course. These three lots are currently zoned R-6-T Townhome Residential. Several years ago, a large
portion of the area was zoned R-6-T in anticipation of a demand for town home developments. Townhomes are attached
units that share a common wall, and the current zoning classification is not proper for these three lots. The housing
market for townhomes never materialized and the area has flourished as a single-family neighborhood since the opening
of Iron Horse Golf Course. While the surrounding area was rezoned to single-family zoning classifications, this area
retained the R-6- T designation. The type of development existing on the lots and in the surrounding vicinity is all single-
family detached homes. There are no attached townhomes in the area.
In order to prevent a potential problem when closing a loan in the future when one or more of these properties sells, it is
appropriate to change the zoning to reflect the actual type of structures currently built on the property. Most title
companies have difficulty offering a clean title opinion when the zoning classification is not consistent with the type of
development existing on the property. Unfortunately, there is no zoning classification in the North Richland Hills Zoning
Ordinance which is appropriate for these properties, considering the type of si,de yards, lot coverage and lot sizes involved.
Therefore, a three lot Planned Development District ordinance has been prepared to accommodate these properties.
If approved by the City Council, these three lots will have their own zoning classification which will be unique to these
properties and prevent any incompatible renovation of the existing structures or loan closing complications in the future.
,eThe plot plans were taken from the Building Inspection Department and the attached ordinance was drafted to reflect the
I actual structures with the related building characteristics.
The Planning and Zoning Commission considered this request at their December 9, 1993 meeting and recommended
approval.
RECOMMENDATION:
It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the
Planning and Zoning Commission.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
I'. gr:;;ng Budget
£)¡IA. ,.. _r-- t(~ ¡Ç1?
D rtment Head Signature / City Manager
CITY COUNCIL ACTION ITEM
Acct. Number
Sufficient Funds Available
. FInance Director
Page 1 of
ORDINANCE NO. 1958
.
AN ORDINANCE BY THE CITY OF NORTH RICH LAND HILLS, TEXAS, AMENDING ORDINANCE NUMBER 1874, THE
COMPREHENSIVE ZONING ORDINANCE, TO ESTABLISH PLANNED DEVELOPMENT DISTRICT NUMBER SEVENTEEN;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Lots 1,2 & 3, Block 13, Meadow Lakes - Phase V are currently zoned R-6-T Townhomes, and
WHEREAS, the Planning and Zoning Commission has determined that the development patterns have changed
significantly from when the property was originally designated as R-6- T Townhome, and that the R-6- T Townhome zoning
classification is no longer appropriate for these three lots, and
WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of
the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and
WHEREAS, 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 17, by changing the said Zoning Ordinance as set forth herein; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS:
1.
.
THAT, Planned Development District Number 17 be hereby established in the Case Number PZ 93-26, on the properties
described as follows:
BEING Lots 1,2 & 3, Block 13, Meadow Lakes - Phase V, an addition to the City of North Richland Hills, Tarrant
County, Texas, as recorded in Cabinet A, Slide #32, dated Feb. 9,1989, and also being the area shown on the
attached Exhibit · A·.
2.
THAT, the development regulations for Planned Development District Number 17 shall be as follows:
1. Purpose: Planned Development District Number 17 is intended to provide for three single-family detached dwelling
units which are constructed at an approximate density of 8.0 units per acre.
2. Permitted Uses: Single-Family Detached Residential Dwelling Units.
3.
Lot Area Requirements:
a. Minimum Lot Area: 5,000 Sq. Ft.
b. Minimum Lot Width: 47.62 ft.
c. Minimum Lot Depth: 105 11.
d. Minimum Dwelling Unit Size: 2,000 Sq. Ft.
e. Minimum Front Building Line: 15 11.
1. Minimum Side Building Line: 2 ft. on one side and 6 11. on the other side
g. Minimum Rear Building Line: 10ft.
h. Maximum Structure Height: 38 ft.
i. Rear Yard Open Space Area: 17 percent
.
Ord. 1959
Page 1
4. Fences: Same as R-2 District
.
5.
Parking: Same as R-2 District
6.
Accessory Buildings; Same as R-2 District
7. Customary Home Occupations: Same as R-2 District
8. Garage Entry Requirement: None
9. Masonry Requirement: Same as R-2 District
10. Landscaping Requirement: Same as R-2 District
3.
That, the Official Zoning Map be redrawn to incorporate this Planned Development District.
4.
That, all the regulations contained in the Zoning Ordinance No. 1874, as amended, which are not in conflict with the
terms of this Planned Development District Number 17, shall remain in effect regarding this property.
.
5.
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.
6.
SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance of the City of North Richland
Hills, Texas, as amended, shall remain in full force and effect. save and except as amended by this ordinance.
.
Ord. 1959
Page 2
7.
EFFECTIVE DATE. This ordinance shall be in full force from and after its passage.
·
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 9th DAY OF DECEMBER, 1993.
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Secretary, Planning and Zoning Commission
Chairman, I
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--./
PASSED AND APPROVED BY THE CITY COUNCIL THIS 10th DAY OF JANUARY, 1994.
Mayor, City of North Richland Hills, Texas
ATTEST:
·
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
·
Ord. 1959
Page 3
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PZ Minutes - Page 2
November 11, 1993
·
2.
3. PZ 93-19
·
STAFF REPORT
1.
rz C¡3-2.G,
·
2.
Chairman Brock stated there would still be a cap of twelve pers
structure would be considered a single dwelling unit.
Mr. Lueck made the motion to approve PZ 93-18 subjec the changes as
previously outlined. The motion was seconded by Mr arfield, and the motion
carried 7-0.
Discussion of the request of Wes Bannister to r
Chairman Brock stated there were four acr He
stated Mr. Bannister asked for the wrong ning district, and wants to have the
property zoned R-l-S to allow him to e some horses on the property.
Ms. Ellen O'Daniel came forward speak. She stated their original intention was to
build a house and keep horses the property.
Mr. Bowen made the motio
waiver of the fee. The m
7-0.
o start the process to reconsider PZ 93-12, with a
n was seconded by Mr. Wilson, and the motion carried
sider an amendment to the Zoning Ordinance No. 1874
mes for the Mentally Retarded. TABLED 10/28/93
Chairman Bro opened the Public Hearing and called for those wishing to speak to
come forwar, at this time. There being no one else wishing to speak, Chairman
Brock clos the Public Hearing.
Mr. Le ron stated this amendment would change the definition of Family Home for
Disa éd Persons to better reflect the definition outlined in the State statutes
re ding this type of facility.
r. Wilson made the motion to approve PZ 93-19. The motion was seconded by
Discussion of Planned Development request on Skylark Circle.
Mr. LeBaron stated there was a recent zoning change on some property in the
Meadow Lakes area from R-6- T to R-2. He stated the change left only three lots
zoned R-6-T, and in order to better reflect what is actually built there, staff is
requesting that the Commission initiate the process to designate the three lots as a
small Planned Development.
Mr. Barfield asked how the PO would be drawn up.
Mr. LeBaron stated staff would draft an ordinance based upon the plot plans of the
existing houses on those lot. He stated the ordinance would basically allow what is
already in place, and clean up any questionable zoning questions in the future.
sub process. He stated they have drafted a set of subdivision regulations that
reflect the c rocedures and policies adopted by the Commission and City
Council. He stat ill bring the item up at the next workshop in December.
He stated there are very nges from what is currently going on, but would
better reflect the actual process u . the city.
PZ-Minutes - Page 2
December 9, 1993
.
Mr. Barf ade the motion to approve PZ 93-24. The motion was seconded by
ck, and the motion carried 7-0.
4. PZ 93-26
Public Hearing to consider the request of the City of North Richland Hills to rezone
Lots 1-3, Block 13, Meadow Lakes Addition, from R-6-T Townhome Residential to a
PD Planned Development. This property is located in the 6200 block of Skylark
Circle.
Chairman Brock opened the Public Hearing and called for those wishing to speak to
come forward at this time.
Chairman Brock stated this is a house-cleaning issue to bring these properties into a
zoning district to reflect what is actually built on the property. He stated that all the
property owners were notified of this hearing.
There being no one wishing to speak, Chairman Brock closed the Public Hearing.
Mr. Miller made the motion to approve PZ 93-26. The motion was seconded by Mr.
Bowen, and the motion carried 7-0.
5. PZ 93-27
.
Hearing to consider the request of Charles Leverton to rezone Lots 1-3, Block
2, Mo B. Collins Addition; and Tract 2Fl, W. Cox Survey, Abstract 321, from AG
Agricultu 0 R-3 Single Family Residential. This property is located in the 7800
block of Od treet.
ed the Public Hearing and called for those wishing to speak to
e.
dell Street, came forward to speak. He requested a
refund of his application fee to the numerous housing construction on the
adjacent properties. He stated Iì oes not see why the zoning on his property was
not changed when the other prope s were. He stated he has owned the property
since 1973, and the property has bee ed as residential property.
Chairman Brock stated Tarrant Appraisal DI 'ct is the body that determines what
property is taxed as.
Mr. LeBaron stated the property has been zoned agn
properties around it have changed. He stated the zoni as remained the same
until this property owner came in and requested a change.
Mr. Lueck stated the city would not go out and rezone land wi
owner being notified of the change.
Chairman Brock stated the owners of the neighboring properties may
for a zoning change on their particular property.
.
Mr. Bowen stated the city sometimes rezones property, but it is usually to clea
mistake or incompatibility problem.
Mr. Leverton stated the property has always been taxed as residential property.
There being no one else wishing to speak, Chairman Brock closed the Public
Hearing.
Zoning Case Review Fact Sheet
Case No. PZ 93-26
.
Hearing Dates:
PZ 12/09/93
CC 1/10/94
REQUEST: R-6-T Townhome Residential to PD Planned Development
APPLICANT: City of North Rich/and Hills
PROPERTY OWNERS: Lot 1 - Eugene O'Bannion, Jr., 6210 Skylark Circle
Lot 2 - Martin Horton, 6214 Skylark Circle
Lot 3 - Ricky Brown, 6218 Skylark Circle
SIZE AND LOCATION: Approximately 0.40 acres located on Skylark Circle, immediately east of
the putting green at Iron Horse golf course.
SITE CHARACTERISTICS: Existing single family dwellings
PROPOSED USE: Single family dwellings
ADJACENT ZONING/LAND USES
.
North
South
East
West
R-2: existing single family residences (Meadow Lakes subdivision)
R-2: existing single family residences (Meadow Lakes subdivision)
R-2: existing single family residences (Meadow Lakes subdivision)
U: Iron Horse golf course putting green
DRAINAGE According to the most recent FEMA maps, this property ~ lie in a flood plain.
THOROUGHFARE PLAN Access to this property is from Skylark Circle, classified as an R2U
thoroughfare (Residential, 2-lane, undivided roadway).
LAND USE MASTER PLAN The Comprehensive Land Use Master Plan calls for low density single
family development in this area. This request is consistent with the Plan.
.
.
ZONING HISTORY
These three lots were part of many larger zoning changes in the area. The property was originally
. zoned AG Agriculture in 1967. In early 1973, a zoning change to MF Multi-Family was approved.
This district covered most of the area now known as the Meadow Lakes subdivision. In 1979, a
Planned Development was approved in the area, and the Council subjected it to numerous
development stipulations.
In 1984, a request was approved that changed the designation to R-6-T-PD, a Planned Development
for townhouses. The next year, the designation on the three lots in question, and the surrounding
five acres, was changed to R-6- T. Richmond Bay Development requested the change to coincide
with the development of a golf course in the area. When the surrounding five acres was rezoned to
R-2 Single Family Residential earlier this year, the three lots in question were the last ones to retain a
townhouse zoning classification.
PLATTING HISTORY
These three lots were platted in 1989 as part of Meadow Lakes Addition, Phase V.
.
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PZ 93-26 Medow Lakes PD
List of Property Owners Notified
Meadow Lakes Addition
Block 10
Lot 36
Lot 37
Lot 38
Lot 39
Lot 40
Lot 41
Lot 42
Lot 43
Block 11
Lot 18
Lot 19
Lot 20
Meadow Lakes JV 21
Meadow Lakes JV 21
Meadow Lakes JV 21
Meadow Lakes JV 21
R. Brown Enterprises
Meadow Lakes JV 21
Heinz Mattern
Thawie Burch
Michael Moore
Gordon Gesme
R. Brown Enterprises
Trimble Survey, A-1520
Tract 2 Rostland Texas, Inc.
Tract 2N City of NRH
Tract 2P Rostland Texas, Inc.
Tract 2Q City of NRH
Tract 2T City of NRH
101 W Allen Ave, FtWorth, TX 76110-1608
101 W Allen Ave, FtWorth. TX 76110-1608
101 W Allen Ave, FtWorth, TX 76110-1608
101 W Allen Ave, FtWorth. TX 76110-1608
6218 Skylark Circle, NRH, TX 76180-7847
101 W Allen Ave, FtWorth, TX 76110-1608
6205 Skylark Circle. NRH. TX 76180-7849
6201 Skylark Circle, NRH, TX 76180-7849
4913 Rufe Snow Drive. NRH. TX 76180-7837
6230 Skylark Circle, NRH, TX 76180-7847
6218 Skylark Circle, NRH, TX 76180-7847
14785 Preston Rd, Suite 950, Dallas, TX 75240-7887
14785 Preston Rd. Suite 950, Dallas, TX 75240-7887
CITY OF
NORTH RICHLAND HILLS
ubject: Public Hearing to consider the request of Charles Leverton
to rezone Lots 1-3, Block 2, Mollie B. Collins Addition; and
Tract 2F1 , Cox Survey, Abstract 321 ,from AG Agriculture to
R-3 Single Family Residential. This property is located in the
7800 block of Odell Street.
Council Meeting Date: 1/10/94
Agenda Number: PZ 93-27
Department: Planninq and Inspections
Ordinance No. 1959
Mr. Charles Leverton is the owner of three residential-size lots located on Odell Street. The lots are currently zoned AG
Agriculture. Mr. Leverton plans to develop the lots into single family dwellings, and is requesting a zoning change on the
property to R-3 Single Family Residential.
Mr. Leverton's property is already platted, and he has a contract on one of the lots. The Agricultural zoning district
designation requires a minimum lot size of one acre, and the developer cannot be issued a building permit with the current
zoning designation in place. As a result, Mr. Leverton is seeking a zoning change to R-3 Single Family Residential. The
lots are consistent with the R-3 requirements, averaging 7,500 square feet in size. The owner is also preparing a replat of
the property to incorporate a tract of land to the south, making the lots approximately 90-feet deeper.
The Comprehensive Land Use Master Plan calls for low density single family development in this area. This request is
consistent with the Plan.
The Planning and Zoning Commission considered this request at their December 9, 1993 meeting and recommended
approval.
RECOMMENDATION:
It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the
Planning and Zoning Commission.
Source of Funds:
Bonds (GO/Rev.)
. Operating Budget
Other 0
I D~
Depa
Finance Review
Acct. Number
Sufficient Funds Available
~7S~
ent Head Signature
CITY COUNCIL ACTION ITEM
:]
p~
' City anager
. Finance Director
Page 1 of
ORDINANCE NO. 1959
.
AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER
1874, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON MARCH 22, 1993; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of
the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and
WHEREAS, 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 and the Official Zoning Map by rezoning
certain property; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS:
1.
THAT, on Case Number PZ 93-27, the following properties shall be rezoned from AG Agriculture to R-3 Single Family
Residential:
BEING Lots 1, 2, and 3, Block 2, Mollie B. Collins Addition, an addition to the City of Smithfield (now North Richland
Hills), Tarrant County, Texas, according to the Plat recorded in Volume 388-X, Page 57, Plat Records, Tarrant County,
Texas; and two tracts of land out of the John McComas Survey, Abstract-No. 1040, Tarrant County, Texas, according
to the deeds recorded in Volume 5790, Page 315, and Volume 5834, Page 21, Deed Records, Tarrant County, Texas,
and being more particularly described by metes and bounds as follows:
. BEGINNING at a 1/2-inch iron pin found for the northeast corner of said Lot 3, Block 2, Mollie B. Collins Addition;
THENCE South 213.00 feet to a 1/2-inch iron pin found for corner;
THENCE West 259.00 feet to a 1/2-inch iron pin found for corner;
THENCE North 146.00 feet to a 1/2-inch iron pin found tor the northwest corner ot said Lot 1, Block 2, Mollie B. Collins
Addition, said point being located in the southerly right-ot-way line ot Odell Street;
THENCE North 70 degrees 28 minutes 51 seconds East 200.52 teet along said right-ot-way line to a 1/2-inch iron pin
tound tor corner;
THENCE East 70.00 teet along said right-ot-way line to the point ot beginning and containing 1.12 acres ot land, more
or less.
This property is located in the 7800 block ot Odell Street.
2.
THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein
described ordinance number be affixed to the property described herein.
3.
. SEVERABILITY CLAUSE. That. 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.
.
4.
SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance of the City of North Richland
Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance.
5.
EFFECTIVE DATE. This ordinance shall be in full force from and after its passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 9th DAY OF DECEMBER, 1993.
~ ¡/ êwÞ:0
Chairman,
Secretary, Planning and Zoning Commission
PASSED AND APPROVED BY THE CITY COUNCIL THIS 1 Oth DAY OF JANUARY, 1994.
.
Mayor, City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
.
Ordinance No. 1959
Page 2
PZ Minutes - Page 3
November 11, 1993
elTIZEN COMMENTS
pZ 13-27
ADJOURNMENT
aEon Bowen, Secretary
..,Ianning and Zoning Commission
.
rL~:._~~ eM_I, ..-. I I I I J __ I ""'r I . L ¿L__. J-u' "'0 _I~.~o
R" ...... . .- __..J '--.- . ,. 1.. ~",u"'UII lU IUU.... .IIlU lIldl JIUUICIII.
Mr. Charles Leverton, 7816 Odell Street, came forward to speak. He stated he owns
adjoining property that he acquired several years ago. He stated when he bought
the lots, he assumed that the lots were zoned for single family use. Mr. Leverton
stated the lots are zoned AG Agriculture. He stated he has a buyer and a builder set
up on one of the lots. He stated he will be incorporating some property to the south
the make the lots deeper. He stated there are houses surrounding the property on
the north, east, and west.
Chairman Brock stated a residential use is probably the best for the area. He stated
Mr. Leverton should see Mr. Husband to fill out the required paper work and
schedule the hearing before the Commission. He stated he does not foresee any
major problems.
There being no further business, the meeting was adjourned.
James W. Brock, Chairman
Planning and Zoning Commission
PZ Minutes - Page 2
December 9, 1993
.
Mr. Barfield made the motion to approve PZ 93-24.
Mr. Lueck, and the motion carried 7-0.
Richland Hills to rezone
Townhome Residential to J
in the 6200 block of Skylark
4. PZ 93-26
Public Hearing to consider the request of the City of N
Lots 1-3, Block 13, Meadow Lakes Addition, from
PO Planned Development. This property is loc
Circle.
Chairman Brock opened the Public H
come forward at this time.
ng and called for those wishing to speak to
Chairman Brock stated thi house-cleaning issue to bring these properties into a
zoning district to refle at is actually built on the property. He stated that all the
property owners w notified of this hearing.
one wishing to speak, Chairman Brock closed the Public Heanng.
r made the motion to approve PZ 93-26. The motion was seconded by Mr.
, and the motion carried 7-0.
5. PZ 93-27
Public Hearing to consider the request of Charles Leverton to rezone Lots 1-3, Block
2, Mollie B. Collins Addition; and Tract 2F1, W. Cox Survey, Abstract 321, from AG
Agriculture to R-3 Single Family Residential. This property is located in the 7800
block of Odell Street.
.
Chairman Brock opened the Public Hearing and called for those wishing to speak to
come forward at this time.
Mr. Charles Leverton, 7816 Odell Street, came forward to speak. He requested a
refund of his application fee due to the numerous housing construction on the
adjacent properties. He stated he does not see why the zoning on his property was
not changed when the other properties were. He stated he has owned the property
since 1973, and the property has been taxed as residential property.
Chairman Brock stated Tarrant Appraisal District is the body that determines what
property is taxed as.
Mr. LeBaron stated the property has been zoned agriculture for some time, and the
properties around it have changed. He stated the zoning has remained the same
until this property owner came in and requested a change.
Mr. Lueck stated the city would not go out and rezone land without the property
owner being notified of the change.
Chairman Brock stated the owners of the neighboring properties may have applied
for a zoning change on their particular property.
.
Mr. Bowen stated the city sometimes rezones property, but It is usually to clear up J
mistake or incompatibility problem.
Mr. Leverton stated the property has always been taxed as residential property.
There being no one else wishing to speak, Chairman Brock closed the Public
Hearing.
PZ Minutes - Page 3
December 9, 1993
.
Mr. Bowen stated that the city will not usually rezone property to R-3 unless it is J
transition zone. He stated this property meets this requirement in regards to the
commercial property in front and the residential to the rear.
Mr. Bowen made the motion to approve PZ 93-27. The motion was seconded by
Mr. Baxter, and the motion carried 7-0.
6. PZ 93-28
ublic Hearing to consider the request of Wes Bannister to rezone Lot 1, Block 1,
nister Estates from R-2 Single Family Residential to R-1-S Special Single Family
Res entia!. This property is located in the 7200 block of Eden Road.
Brock opened the Public Hearing and called for those wishing to speak to
ard at this time.
Ms. Wes Ba ister, 749 Aspen Court, Hurst, came forward to speak. He stated he is
seeking a cha e into the R-1-S zoning district. He stated the smaller tract to the
rear is too sma I develop as R-1-S property, but they intend to change the zoning
on it when they fi I plat that portion in the future. He stated he wants to graze his
animals on that sm portion in the mean time, and that is why that portion is
included in the reque
Chairman Brock asked i r. Bannister had mistakenly asked for the wrong zoning
classification the first time.
.
Mr. Bann ister stated yes.
Mr. Bowen asked if he is requesti more property to R-1-S than was originally
zoned R-2.
Mr. Husband stated that the entire acre e that was changed to R-2 was included in
the notification area for th is request.
irman Brock closed the Public
There being no one else wishing to speak,
Hearing.
Mr. Barfield made the motion to approve PZ 93- . The motion was seconded by
Mr. Wilson, and the motion carried 7-0.
STAFF REPORT
Mr. LeBaron stated the zoning cases heard tonight wil e heard on January 10,
1994. He stated the next meeting is scheduled for Dec ber 23rd, and since there
are no cases scheduled for that meeting, that staff recom ds the meeting be
canceled. He stated the next regular meeting would be Jan ry 13, 1994. Mr.
LeBaron stated one of the items will be the grand opening ad
He stated the draft subdivision regulations are scheduled for a
January 27th.
Mr. Lueck asked Mr. LeBaron to notify some of the businesses that 0
the last year, and ask them to come to the next meeting and help the
with the grand opening ordinance.
.CITIZEN COMMENTS
Mr. Tom Lindsey came forward to speak. He stated he owns Stampedes, a co try-
western nightclub on LBJ Freeway in Dallas. He stated he would like to do
something similar in this area, but cannot maintain the 60-40 food to alcohol rJtlo
required by the city. He asked if it was possible to get a special permit to operate JS
a private club. He stated he was seeking the Commission's opinion on where to go
Zoning Case Review Fact Sheet
Case No. PZ 93-27
.
Hearing Dates:
PZ 12/09/93
CC 1/10/94
REQUEST: AG Agriculture to R-3 Single Family Residential
APPLICANT: Charles Leverton, NRH, TX
PROPERTY OWNER: Same
SIZE AND LOCATION: Approximately 1.12 acres of land located on Odell Street, west of Smithfield
Road.
SITE CHARACTERISTICS: One lot with existing single family residence, two vacant lots. Terrain is
flat. Vegetation consists of a few trees and small shrubs, covered with
grass.
PROPOSED USE: Single family dwellings
ADJACENT ZONING/LAND USES
.
North
South
East
West
R-3: existing single family residences (Collins addition)
C-2: existing commercial business (Car Craft Paint & Body shop)
C-1: vacant commercial land
R-2: existing single family residence
DRAINAGE According to the most recent FEMA maps, this property does not lie in a flood plain.
THOROUGHFARE PLAN Access to this property is from Odell Street, classified as an R2U
thoroughfare (Residential, 2-lane, undivided roadway).
LAND USE MASTER PLAN The Comprehensive Land Use Master Plan calls for low density single
family development in this area. This request is consistent with the Plan.
ZONING HISTORY
This property was originally zoned AG Agriculture in 1967. There have been no subsequent requests
for rezoning on this property.
PLATTING HISTORY
This property was platted in 1953, when the area was part of the town of Smithfield. The owner will
.be submitting a replat of the property early next year to incorporate the property to the south of the
three lots. The intent of the replat is to make the lots deeper.
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City of North Richland Hills
Application for Zoning Change
Present Zoning:
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Change to:
Legal Description: ~~ 1-3 ~i 2¡ ~E.t3~~~ Áot::I-.1j T~ 2Pf ,~f\~ ~ ,A-Iá40
.J I 8/7 .
::...~;;;:Zj.:;_V#'¿/;." Phone f'7~-~ð'9/
Owner:
Applicant must provide proof of ownership or a letter from the owner giving permission to request this zoning
change.
Previous Owner
Name
Phone
Address
Developer
Name
Phone
Address
Engineer/Surveyor
Name
Phone
Address
Reason for Zoning Change ~Ð.'-P ~ 7Þ SF cß6'
Proposed Use SlJ..16L.é. ~11 (ÇQ1()eJJl..é
Zoning Fee: $300.00
Copies Required 35 copies of plat or survey
Filing Deadline 20 days before desired meeting date
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Signature of Applicant or Agent
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Date
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PZ 93-27 Charles Leverton
List of Property Owners Notified
Mollie B. Collins Addition
Block 1
Lot 1
Lot 2
Lot 3
Lot 4
LotS
Lot 6
Lot 7
Lot 8
Lot 9
Block 2
Lot 4
LotS
Lot 6
Block 3
Lot 1
Jay Frank
Jay Frank
William Moore
William Moore
Jack Cook
Charles Rutledge
Charles Bunch
David Rose
Charles Bunch
Doyle Fincher
Doyle Fincher
Doyle Fincher
Briarwood Estates
Block 11
LotS
Lot 6
Lot 7
Lot 8
Lot 9
Gary Crossland
Doyle Newbrough
Coye Pointer
Billy Stephens
Ray Fuller
McComas Survey. A-1 040
Tract 2B Danny Davis
Tract 2C Frank Harston
Tract 2E Danny Davis
Tract 2G 1 Mollie B. Collins % Alton Collins
Tract 2J2 Frank Karlick
7805 Odell Street NRH, TX 76180-3961
7805 Odell Street, NRH, TX 76180-3961
7809 Odell Street NRH, TX 76180-3961
7809 Odell Street NRH, TX 76180-3961
7813 Odell Street NRH, TX 76180-3961
6409 Sunnybrook Drive, NRH, TX 76180-4110
1425 Bear Run, Keller, TX 76248-5707
7821 Odell Street NRH, TX 76180-3961
1425 Bear Run, Keller, TX 76248-5707
PO Box 821293, NRH, TX 76182- 1293
PO Box 821293, NRH, TX 76182-1293
PO Box 821293, NRH, TX 76182-1293
7816 Daniel Drive, NRH, TX 76180-3948
7820 Daniel Drive, NRH, TX 76180-3948
7824 Daniel Drive, NRH, TX 76180-3948
9606 Boat Club Rd, Ft Worth, TX 76179-4001
7832 Daniel Drive, NRH, TX 76180-3948
5204 Westcrest Drive, Ft Worth, TX 76115-4135
6744 Hewitt Street NRH, TX 76180-3916
5204 Westcrest Drive, Ft Worth, TX 76115-4135
RR 3, Box 3788, Palestine, TX 75801-9561
7812 Odell Street NRH, TX 76180-3960
CITY OF
NORTH RICHLAND HILLS
Department: Planninq and Inspections
- Council Meeting Date: 1/10/94
Subject:
Public Hearina to consider the reauest of Wes Bannister to rezone Agenda Number:
Lot 1, Block 1, Bannister Estates, from R-2 Single Family Residential
to R-1-S Special Single Family Residential. This property is located in
the 7200 block of Eden Road.
PZ 93-28
Ordinance No. 1960
Mr. Wes Bannister is the owner of a four acre tract of land located on Eden Road. Earlier this year, the City Council
approved a zoning district change on this property from AG Agriculture to R-2 Single Family Residential. Later, Mr.
Bannister realized that the R-2 zoning classification would prevent him from having horses on his four acre tract.
At the November 11, 1993 meeting, the Planning and Zoning Commission agreed to initiate the process of rezoning this
property to R-1-S Special Single Family Residential. This zoning classification will allow Mr. Bannister to keep horses on
his property, subject to any animal control ordinances.
The surrounding property owners located within 200 feet of Mr. Bannister's property have been notified of this proposed
zoning district change.
The Planning and Zoning Commission considered this request at their December 9, 1993 meeting and recommended
approval.
RECOMMENDATION:
It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the
Planning and Zoning Commission.
Finance Review
.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other ~_____
~().µJ/\' ß~
Dep~rtment Head Signature
CITY COUNCIL ACTION ITEM
Acct. Number
Sufficient Funds Available
t t\\,-
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City Manager
. Finance Director
Page 1 of
ORDINANCE NO. 1960
e
AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER
1874, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON MARCH 22,1993; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of
the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and
WHEREAS, 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 and the Official Zoning Map by rezoning
certain property; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS:
1.
THAT, on Case Number PZ 93-28, the following properties shall be rezoned from R-2 Single Family Residential to R-1-S
Special Single Family Residential:
BEING all of that certain tract of land situated in the J.B. Eden Survey, Abstract No. 499, Tarrant County, Texas, as
described by deed to Wesley D. Bannister and wife, Ellen F. O'Daniel as recorded in Volume 10909, Page 1554 of the
Deed Records, Tarrant County, Texas, and being more particularly desc.ribed by metes and bounds as follows:
e
COMMENCING at the northeast corner of Lot 35, Block 7, Stonybrooke Addition, and an addition to the City of North
Richland Hills, Tarrant County, Texas, as recorded in Plat Volume 388-87, Pages 5 and 6, Plat Records, Tarrant
County, Texas;
THENCE North 00 degrees 13 minutes 55 seconds East 27.42 feet with the west line of said Bannister/O'Daniel tract
to a 3/8-inch iron rod found for the northwest corner of said Bannister/O'Daniel tract and the POINT OF BEGINNING;
THENCE South 89 degrees 56 minutes 20 seconds East (South 89 degrees 55 minutes 04 seconds East deed) with
the north line of said Bannister/O'Daniel tract and the south line of Tract 1 as described by deed to T.S. Bradford, et ux
and recorded in Volume 8989, Page 145 of said deed records, at 162.86 feet pass a one-inch iron pipe found for the
common north corner of Tracts 1 and 2 as described in said Bannister/O'Daniel deed, at 214.12 feet pass a 3/8-inch
iron rod found for a common corner of said Bradford tract and a tract of land described by deed to D.T. Boswell, et ux
as recorded in Volume 9954, Page 125 of said deed records continuing with the north line of said Bannister/O'Daniel
tract the south line of said Boswell tract, in all, a total distance of 499.97 feet (497.44 feet deed) to a 1/2-inch iron rod
found;
THENCE South 01 degrees 01 minutes 38 seconds West 152.56 feet (South 00 degrees 53 minutes 00 seconds West
152.71 feed deed) with an easterly line of said Bannister/O'Daniel tract and the west line of a tract of land described by
deed to J.C. Gebo, et ux as recorded in Volume 9297, Page 2048 of said deed records to a 1/2-inch iron rod found;
THENCE North 89 degrees 46 minutes 00 seconds East (North 89 degrees 39 minutes 03 seconds East deed) with a
common line of said Bannister/O'Daniel tract and said Gebo tract at 376.42 feet pass a 1/2-inch iron rod found
continuing, in all, a distance of 376.66 feet to a point for corner from which a 5/8-inch iron rod found bears North 00
degrees 53 minutes 46 seconds East 150.62 feet;
e
THENCE South 00 degrees 53 minutes 46 seconds West 113.32 feet (South 00 degrees 53 minutes 00 seconds West
114.09 feet deed) with the east line of said Bannister/O'Daniel tract and the existing west right-of-way line of Eden
Road to a 1/2-inch iron rod found;
e
THENCE South 89 degrees 47 minutes 22 seconds West with a common line of said Bannister/O'Daniel tract and a
tract of land described by deed to M.D. Suffolk and recorded in Volume 10471, Page 1307 of said deed records at
709.52 feet pass a one-inch iron pipe found for the common south corner of Tracts 1 and 2 in said Bannister/O'Daniel
deed continuing, in all, a distance of 871.04 feet (870.87 feet deed) to a 3/8-inch iron rod found in the east line of Lot 6,
Block 7, Stonybrooke Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, as recorded in
Volume 388-159, Page 77 of said Plat Records;
THENCE North 00 degrees 13 minutes 55 seconds West 268.05 feet (North 00 degrees 11 minutes 18 seconds East
267.55 feet deed) with the west line of said Bannister/O'Daniel tract to the POINT OF BEGINNING and containing
4.024 acres of land, more or less.
The bearings recited in this description are based on the south line of the said two tracts of land described in Volume
10909, Page 1554 of the Deed Records, Tarrant County, Texas.
This property is located on the west side of Eden Road, north of Ashcraft Drive.
2.
THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein
described ordinance number be affixed to the property described herein.
3.
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
_ompetent 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.
4.
SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance of the City of North Richland
Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance.
5.
EFFECTIVE DATE. This ordinance shall be in full force from and after its passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 9th DAY OF DECEMBER, 1993.
~ d ÐUJ~,0
Secretary, Planning and Zoning Commission
e
Ordinance No. 1960
Page 2
PASSED AND APPROVED BY THE CITY COUNCIL THIS 10th DAY OF JANUARY, 1994.
e
Mayor, City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
e
e
Ordinance No. 1960
Page 3
PZ Minutes - Page 2
November 11, 1993
e
Chairman Brock stated there would . be a cap of twelve persons, but that each
structure would be consid Ingle dwelling unit.
Mr. Lueck e motion to approve PZ 93-18 subject to the changes as
prev outlined. The motion was seconded by Mr. Barfield, and the motion
2.
Discussion of the request of Wes Bannister to reconsider PZ 93-12.
rz '3-- 2ß
Chairman Brock stated there were four acres that were zoned from AG to R-2. He
stated Mr. Bannister asked for the wrong zoning district, and wants to have the
property zoned R-l-S to allow him to have some horses on the property.
Ms. Ellen O'Daniel came forward to speak. She stated their original intention was to
build a house and keep horses on the property.
Mr. Bowen made the motion to start the process to reconsider PZ 93-12, with a
waiver of the fee. The motion was seconded by Mr. Wilson, and the motion carried
7-0.
3. PZ93-19
rding Family Homes for the Mentally Retarded. TABLED 10/28/93
e
Brock opened the Public Hearing and called for those wishing to speak to
rd at this time. There being no one else wishing to speak, Chairman
e Public Hearing.
Mr. LeBaron stat this amendment would change the definition of Family Home for
Disabled Persons to tter reflect the definition outlined in the State statutes
regarding this type of ility.
Mr. Wilson made the moti to approve PZ 93-19. The motion was seconded by
Mr. Baxter, and the motion c
STAFF REPORT
1.
Discussion of Planned Development re
Mr. LeBaron stated there was a recent zonin hange on some property in the
Meadow Lakes area from R-6- T to R-2. He stat the change left only three lots
zoned R-6-T, and in order to better reflect what is tually built there, staff is
requesting that the Commission initiate the process designate the three lots as a
small Planned Development.
Mr. Barfield asked how the PD would be drawn up.
Mr. LeBaron stated staff would draft an ordinance based upon t plot plans of the
existing houses on those lot. He stated the ordinance would basic y allow what is
already in place, and clean up any questionable zoning questions in e future.
e
2.
Mr. LeBaron stated that staff has also been working for the last several ye on the
subdivision process. He stated they have drafted a set of subdivision regula' ns that
reflect the current procedures and policies adopted by the Commission and
Council. He stated he will bring the item up at the next workshop in Decembe
He stated there are very few changes from what is currently going on, but would
better reflect the actual process used in the city.
PZ Minutes - Page 3
December 9, 1993
e
Mr. Bowen stated tha city will not usually rezone property to R-3 unless it is a
transition zone. stated this property meets this requirement in regards to the
commercial perty in front and the residential to the rear.
Mr. en made the motion to approve PZ 93-27. The motion was seconded by
. Baxter, and the motion carried 7-0.
6. PZ 93-28
Public Hearing to consider the request of Wes Bannister to rezone Lot 1, Block 1,
Bannister Estates from R-2 Single Family Residential to R-1-S Special Single Family
Residential. This property is located in the 7200 block of Eden Road.
Chairman Brock opened the Public Hearing and called for those wishing to speak to
come forward at this time.
Ms. Wes Bannister, 749 Aspen Court, Hurst, came forward to speak. He stated he is
seeking a change into the R- 1 -S zoning district. He stated the smaller tract to the
rear is too small to develop as R-l-S property, but they intend to change the zoning
on it when they final plat that portion in the future. He stated he wants to graze his
animals on that small portion in the mean time, and that is why that portion is
included in the request.
Chairman Brock asked if Mr. Bannister had mistakenly asked for the wrong zoning
classification the first time.
e
Mr. Bannister stated yes.
Mr. Bowen asked if he is requesting more property to R-1-S than was originally
zoned R-2.
Mr. Husband stated that the entire acreage that was changed to R-2 was included in
the notification area for this request.
There being no one else wishing to speak, Chairman Brock closed the Public
Hearing.
Mr. Barfield made the motion to approve PZ 93-28. The motion was seconded by
Mr. Wilson, and the motion carried 7-0.
STAFF REPORT
aron stated the zoning cases heard tonight will be heard on january 10,
ated the next meeting is scheduled for December 23rd, and since there
are no cases duled for that meeting, that staff recommends the meeting be
canceled. He sta e next regular meeting would be january 13, 1994. Mr.
LeBaron stated one of t . ms will be the grand opening advertising ordinance.
He stated the draft subdivisi ulations are scheduled for d public hearing on
january 27th.
Mr. Lueck asked Mr. LeBaron to notify som
the last year, and ask them to come to the next
with the grand opening ordinance.
he businesses that opened within
'ng and help the Commission
e CITIZEN COMMENTS
Mr. Tom Lindsey came forward to speak. He stated he owns Stam , a country-
western nightclub on LBj Freeway in Dallas. He stated he would like to
something similar in this area, but cannot maintain the 60-40 food to a!coho '0
required by the city. He asked if it was possible to get a special permit to operat
a private club. He stated he was seeking the Commission's opinion on where to go
Zoning Case Review Fact Sheet
Case No. PZ 93-28
e
Hearing Dates:
PZ 12/09/93
CC 1/10/94
REQUEST: R-2 Single Family Residential to R-1-S Special Single Family Residential
APPLICANT: Wes Bannister, Hurst, TX
PROPERTY OWNER: Same
SIZE AND LOCATION: Approximately 4.024 acres located on the west side of Eden Road, between
Everglade Drive and Ashcraft Drive.
SITE CHARACTERISTICS: Generally flat terrain. Vegetation consists mostly of grass and small
shrubs, with a good number of large trees. A metal shed exists on the
property .
PROPOSED USE: Single family dwellings
ALLOWED USE: Single family detached dwelling units
e ADJACENT ZONING/LAND USES
North
South
East
West
AG: existing single family residence and acreage
AG: existing single family residence and acreage
R-2: existing single family residences (Eden subdivision)
R-2: existing single family residences (Stonybrooke subdivision)
DRAINAGE According to the most recent FEMA maps, this property does not lie in a flood plain.
THOROUGHFARE PLAN Access to this property is from Eden Road and Brookridge Drive. Eden
Road is classified as a C4U thoroughfare (Major Collector, 4-lane, undivided roadway). Brookridge
Drive is classified as an R2U thoroughfare (Residential, 2-lane, undivided roadway).
LAND USE MASTER PLAN The Comprehensive Land Use Master Plan calls for low density single
family development in this area. This request is consistent with the Plan.
ZONING HISTORY
This property was initially zoned AG Agriculture when the City was incorporated in 1953. In July of
1993, the City Council approved a zoning change from AG to R-2 Single Family Residential on the
property. This was the first zoning change request on the property.
e PLATTING HISTORY
The Final Plat of this property was approved by the City Council on October 11, 1993. The
subdivision is known as Lot 1, Block 1, Bannister Estates.
e
James Brock
Chairman, Planning and Zoning
North Richland Hills City Hall
7301 NE Loop 820
North Richland Hills, TX 76180
749 Aspen Court
Hurst, TX 76054
November 3, 1993
8\ '+ Lf-o,£; '2D";~
Dear Mr. Brock:
We recently had a zoning change for our property at 7223 Eden Road, from Ag to R2. We purchased
these four acres so that we could both build a house and keep horses, and I thou~R2 allowed that.
After the zoning and platting hearings were completed, I discovered that I should have asked for a zoning
change to RIS.
e
I would like to request a reconsideration on the zoning application. Please let me know what other steps
I need to take.
Sincerely,
~Z)~
Wesley D. Bannister
Ie
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