HomeMy WebLinkAboutOrdinance 1002
ORDINANCE NUMBER 1002
WHEREAS, the City Council has received a petition from the
neighborhood in close proximity with 7817 Maplewood Drive (Lot 8,
Block 7, Clearfield Addition), North Richland Hills, Texas, claiming
that the past and present use of the said property as a child care
facility constitutes both a public and a private nuisance; and
WHEREAS, the City Council gave notice of hearing to the
owner of the subject property that the City Council would hold a
hearing on January 10, 1983, at 7:30 p.m. to determine whether or
not a nuisance existed at 7817 Maplewood; and
WHEREAS, the owner of such property was represented at
such hearing by one Tim O'Neal; and
WHEREAS, the public hearing was held and all parties were
given a full opportunity to testify and present evidence;
NOW, THEREFORE, be it ordained by the City Council of the
City of North Richland Hills, Texas, that:
l.
After hearing, the City Council finds that the past and
present operation of the premises as a child care center constitutes
both a public and private nuisance.
2.
The City Council further finds that a substantial portion of
the allegation in the attached petition are true.
3.
The City Attorney is directed to take such action as may be
necessary to abate the subject nuisances.
Passed and approved this
24thday of January
J m~~~m
'J
, 1983.
ATTEST:
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TO: CITY COUNCIL
CITY OF NORTH RICHLAND HILLS, TEXAS
We the undersigned property owners in close proximity to 7817 Maplewood or Lot 8,
Block 7 object to the past, present and future use of those premises for a child
care facility and to the contemplated future use òf such premises for a child care
facility. The basis for our objection are:
1. The immediate past, present and future use constitutes a private nuisance
for those of us immediately adjacent to such property.
The facilities located at 7817 Maplewood Drive, Lot 8, Block 7 Clearview addi-
tion known as North Richland Preschool is directly across frorn a one family
dwelling at 7816 Maplewood Drive. Adjacent to the property at 7817 Maplewood
drive to the East is a one family dwelling located at 7821 Maplewood Drive.
Directly behind the premises at 7817 Maplewood Drive is a one family dwelling
at Stanley.
2. The immediate past use constituted a public nuisance for the rest of us in the
neighborhood and for the city as a whole.
3. The continued use now and in the future of these premises for the purpose of a
child care center would be both a public and a private nuisance to us and to
the city as a whole.
The reasons that the child care use constitutes a nuisance are as follows:
1. So much traffic is generated by the center at certain times of the day that
the street cannot be used by the rest of the neighborhood.
2. The cars stopping to let out children and pick up children at the premises in
question cause traffic stoppage so as to prevent o~r use of the public street
and the use of the street by the general public.
3. The noise created by the facility, both traffic and otherwise, prevents close
neighbors from enjoyable use of thier homes.
4. The nuisance of a large commercial sign in the front yard of the premises located
at 7817 Maplewood Drive.
5. A large commercial trash dumpster located in the front yard of the premises at
7817 Maplewood Drive.
6. Traffic in and out of facility at 7817 Maplewood Drive are using and blocking
driveways of neighbors here and around premises located at 7817 Maplewood Drive.
7. Individuals delivering and picking up children are walking across surrounding
neighbors yards to enter the prernises located at 7817 Maplewood Drive.
8. Children are not properly supervised at the premises located at 7817 Maplewood,
and have been seen wandering through the neighborhood because individuals are
allowing children to leave from their car in the street to enter the prernises
at 781YMaplewood Drive because there are no facilities to enter or leave the
premises at 7817 Maplewood Drive.
9. Traffic to and from the premises at 7817 Maplewood Drive is endangering the
lives of children who live in the 7800 block of Maplewood Drive. Autornobiles
will drive in and back in neighboring driveways and yards. Several times
children have almost been killed when traffic uses the neighborhood driveways
and yards to enter and turnaround.
10. Traffic to and from the facilities located at 7817 Maplewood Drive is causing
damage to the neighbors driveways, shrubs, trees and grass by driving and walk-
ing across yards to enter or leave premises located at 7817 Maplewood Drive.
11. Employees of said facilities located at 7817 Maplewood Drive do not have any
parking facilities and thus are parking in front of and many tirnes blocking
driveways.
We have deed restrictions against this use to which subject property has been put.
We ask the Council's cooperation enforcing our deed restrictions.
We have, individually and collectively, objected to city officials about the facility
over a period of years.
We know that our property values have been, and will be deminished by the past,
present and future use of the property in question as a child care facility.
We ask that the City Council, after hearing, declare that a public and private nui-
cance is created by use of the premises a:'" rJ i /1 rlJf~nd further ask
that the Council order the nuisance abated by whatever means available.
Signed on the dates shown below:
Date
Signature Address ('
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