HomeMy WebLinkAboutOrdinance 3429ORDINANCE NO. 3429
ZONING CASE ZC 2016 -09
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS
AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS BY REZONING A 7.456 ACRE TRACT OF
PROPERTY LOCATED IN THE 7500 BLOCK OF DAVIS BOULEVARD
FROM C -2 COMMERCIAL AND R -1 SINGLE FAMILY RESIDENTIAL TO
RI -PD RESIDENTIAL INFILL PLANNED DEVELOPMENT ZONING;
AMENDING THE COMPREHENISVE LAND USE PLAN MAP;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the City of North Richland Hills, Texas is a home -rule municipality located
in Tarrant County, Texas acting under its charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and
restricts the location and use of buildings, structures, and land for trade,
industry, residence, and other purposes, and provides for the
establishment of zoning districts of such number, shape, and area as may
be best suited to carry out these regulations; and
WHEREAS, the City Council has previously passed an ordinance adopting a
Comprehensive Land Use Plan Map as the primary document on which to
base all zoning, platting, and other land use decisions; and
WHEREAS, the Comprehensive Land Use Plan Map provides guidance for future
development in conformance with the adopted Comprehensive Land Use
Plan; and
WHEREAS, the owner of the property containing approximately 7.456 acres of land
described and shown on Exhibit "A" attached hereto, located in the 7500
block of Davis Boulevard (the "Property ") has filed an application to rezone
the Property from its present classification of C -2 (commercial) and R -1
(single family residential) to RI -PD (residential infill planned development);
and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on September 1, 2016, and the City Council
of the City of North Richland Hills, Texas, held a public hearing on
Ordinance No. 3429
Page 1 of 4
September 26, 2016 with respect to the zoning change described herein;
and
WHEREAS, the City Council has determined that an amendment to the
Comprehensive Land Use Plan Map, as provided herein, redesignating
the below described property from C -2 (commercial) and R -1 (single
family residential) to RI -PD (residential infill planned development) land
use is appropriate and is in accordance with the growth goals, objectives
and planning principals set forth in the Comprehensive Land Use Plan;
and
WHEREAS, the City has complied with all requirements of Chapter 211 of the Local
Government Code, the Zoning Ordinance of the City of North Richland
Hills, and all other laws dealing with notice, publication, and procedural
requirements for rezoning the Property; and
WHEREAS, upon review of the application, and after such public hearing, the City
Council finds that granting the request herein furthers the purpose of
zoning as set forth in the Zoning Ordinance of the City of North Richland
Hills and that the zoning change should be granted, subject to the
conditions imposed herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF
NORTH RICHLAND HILLS, TEXAS:
Section 1: That the Comprehensive Land Use Plan Map is hereby amended to
redesignate a 7.456 acre tract of land within the Stephen Richardson
Survey, Abstract No. 1266, Tarrant County, Texas, located within the 7500
block of Davis Boulevard as described and shown on Exhibit "A" attached
hereto and incorporated for all purposes, from C -2 Commercial and R -1
Single Family Residential to RI -PD Residential Infill Planned
Development.
Section 2: THAT the Zoning Ordinance of the City of North Richland Hills is hereby
amended by rezoning the Property and approving a residential infill
planned development as provided herein on a 7.456 acre tract of land
within the Stephen Richardson Survey, Abstract No. 1266, Tarrant
County, Texas, located within the 7500 Block of Davis Boulevard as
described and shown on Exhibit "A" attached hereto and incorporated for
all purposes.
Section 3: The City Council finds that the information submitted by the applicant
pursuant to the requirements of the Zoning Ordinance is sufficient to
approve the residential infill planned development in accordance with the
requirements of the Residential Infill Planned Development (RI -PD)
Ordinance No. 3429
Page 2 of 4
Section 4:
Section 5:
District Land Use and Development Regulations, and Exhibit "A" attached
hereto and incorporated for all purposes, which is approved.
That the official zoning map of the City of North Richland Hills is amended
and the Planning Manager is directed to revise the official zoning map to
reflect the approved RI -PD (residential infill planned development) zoning,
as set forth above.
The use of the property described above shall be subject to all applicable
regulations contained in the Building and Land Use Regulations and all
other applicable and pertinent ordinances of the City of North Richland
Hills.
Section 6: The zoning district as herein established has been made in accordance
with a comprehensive plan for the purpose of promoting the health, safety,
morals and general welfare of the community.
Section 7:
The Planning Manager is directed to revise the Comprehensive Land Use
Plan Map to reflect the revised land use and designations as set forth
above.
Section 8: This Ordinance shall be cumulative of all provisions of ordinances and of
the Code of Ordinances of the City of North Richland Hills, Texas, as
amended, except when the provisions of this Ordinance are in direct
conflict with the provisions of such ordinances and such code, in which
event the conflicting provisions of such ordinances and such code are
hereby repealed.
Section 9: It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, and phrases of this Ordinance
are severable, and if any section, paragraph, sentence, clause, or phrase
of this Ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining sections, paragraphs, sentences,
clauses, and phrases of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of
any such unconstitutional section, paragraph, sentence, clause or phrase.
Section 10: Any person, firm or corporation violating any provision of the Zoning
Ordinance and the zoning map of the City of North Richland Hills as
amended hereby shall be deemed guilty of a misdemeanor and upon final
conviction thereof fined in an amount not to exceed Two Thousand Dollars
($2,000.00). Each day any such violation shall be allowed to continue shall
constitute a separate violation and punishable hereunder.
Ordinance No. 3429
Page 3 of 4
Section 11: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances
governing zoning that have accrued at the time of the effective date of this
Ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
Section 12: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clause of this ordinance
two times.
Section 13: This ordinance shall be in full force and effect immediately after passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on the 26th day of September, 2016.
ATTEST:
CI
F
N
H RICHLAND HILLS
Oscar revino, Mayor
• ••.
Alicia Richardson, City Secriy. h : •�
A PROVED AS TO FORM AND LEGALITY:
Cara Leahy White, As : istant City Attorney
APPROVED AS TO CONTENT:
77 A∎ ��
;0461,.. iii •
Clayton Comstock, Planning Manager
Ordinance No. 3429
Page 4 of 4
VICINITY MAP
NOTES: N.T.S.
1. CM = CONTROL MONUMENT
2. IRF = IRON ROD FOUND
3. IRS = IRON ROD SET WITH YELLOW CAP STAMPED 'ANA'.
4. THE SUBJECT PROPERTY WAS NOT ABSTRACTED AS A PART OF THIS SURVEY.
5. Bearings are relative to Tore North obatained from
Global Positioning Satellite System (GPS) Observations, North
American Datum, 1983 (NAD '83). Texas North Central Zone.
By graphic scale a portion of the subject properly appears to lie in Zone AE shaded
(Area determined to be inside the 100 -Year Floodway) the rest of the property appers
to lie in Zone X, not shaded, (area determined to outside 500 -Year Floodplain)
according to the FEMA Flood Insurance Rate Map for Tarrant County, Texas.
Panel No. , Eff September 25, 2009.
LAND USE TABLE
ITEM
R -2
RI -PO (7.456 AC) 18 UNITS
MIN. LOT AREA
9,000 SF
9,000 SF
AVG. LOT AREA
-
6,600 SF
MIN FRONT YARD
20 FT
20 FT
MINN REAR YARD
10 FT AND 20%
10 FT AND 20%
MIN. LOT WIDTH
72.5 FT
72.5 FT (60 FT AVG.)
MIN. SIDE YARD
10FT &6FT
10 FT &6 FT
OPEN SPACE
-
80,0136 SF (24.58 %)
DENSITY
4 UNITS /AC
2.41 UNITS /AC
AREA CALCULATIONS
AREA OF DEVELOPMENT= 7.456 ACRES (324,792 SF)
NUMBER OF UNITS = 18
OPENSPACE (66,379 S.F.) 20.44 %
RI -PD SHALL FOLLOW ALL THE STANDARDS OF THE R -2 ZONING DISTRICT
GATE REQUIREMENTS
1. THE GATE WILL NEED TO HAVE AN OPTICAL SYSTEM INSTALLED WITH
DUAL SENSORS. BOTH FOR INGRESS AND EGRESS. WHEN TRIGGERED BY
THE OPTICAL SYSTEM THE GATE MOTOR SYSTEM WILL OPEN THE FULL
APPROVED WIDTH.
2. THE GATE WILL ALSO BE REQUIRED TO HAVE A MANUAL RELEASE WITH
FIRE DEPARTMENT ACCESS PROVIDED.
3. AT ANY TIME THE OPTICAL SYSTEM IS NOT FUNCTIONING, THE GATE MUST
BE LEFT OPEN.
4. OPTICAL SENSORS MUST FUNCTION WITH THE INSTALLED EQUIPMENT/
EMITTERS USED BY THE NRH FIRE DEPARTMENT.
5. OPTICAL SENSORS MUST BE INSTALLED AND DIRECTED TO RECEIVE THE
TRANSMITTED SIGNAL FROM THE FIRE APPARATUS TO FUNCTION FOR
THE DESIGNED PURPOSE. THIS IS TO BE BI- DIRECTIONAL
6. A MANUAL SYSTEM OF OPENING THE GATES MUST BE INSTALLED AND
FUNCTION -ABLE BY THE FIRE DEPARTMENT. IF LOCKS ARE INSTALLED ON
THE MANUAL OPENING SYSTEM THEY SHALL BE OF THE KNOX SYSTEM.
7. NO OVERHEAD OBSTRUCTIONS ARE ALLOWED.
8. THE OPTICAL SYSTEM IS THE PRIMARY REQUIRED OPENING SYSTEM.
IF THIS SYSTEM MALFUNCTIONS OR DURING LOSS OF POWER, THE GATES
MUST BE LEFT IN THE OPEN POSITION.
9. IF GATES ARE NOT MAINTAINED AND OPERATING AS APPROVED, THE FIRE
CODE OFFICIAL HAS THE AUTHORITY THE FIRE CHIEF SHALL HAVE THE
AUTHORITY TO ORDER THE GATE TO BE REPAIRED.
WROUGHT IRON
GATE
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125.59'
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ROBERT ESPINOSA
1.03 AC TRACT
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9,563 SF
78170'
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SINGLE FAMILY "R -1 -S"
DANIEL W LANGHAM
63.101 SO FT TRACT
D199196518
D.R.T.C.T.
ENGINEER /SURVEYOR
A.N.A. CONSULTANTS, L.L.C.
5000 THOMPSON TERRACE
COLLEYVILLE, TEXAS 76034
TEL (817) 335 -9909
FAX ( 817) 335-9955
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15,009 SF F
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IRF N 89 °22'30" W STAMPED 125.03' .4.
SINGLE FAMILY "R -1"
CHARLES KEARNS
T
0190034RACT 296
D.R.T.C.T.
7.5 U.E.
OWNER / DEVELOPER
OWNER
ZEON PROPERTIES, L.L.C. C & G CUSTOM HOMES
75 MAIN STREET, STE 100
COLLEYVILLE, TX. 76034
TEL. (817) 300 -1376
75 MAIN STREET, STE 100
COLLEYVILLE, TX. 76034
TEL. ( 817) 300 -1376
LOT
PARCEL# 1 REAL PROPERTY DESCRIPTION
BEING 7.456 ACRE PARCEL OF LAND LOCATED IN THE STEPHEN RICHARDSON SURVEY,
ABSTRACT NO. 1266, TARRANT COUNTY, TEXAS, AND BEING ALL OF LOTS 1, 2, 3, 4, 5,
AND PART OF LOT 6, BLOCK 2, AND A PORTION OF LOT 5, BLOCK 1, OF NORTHEAST
BUSINESS PARK, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT
COUNTY, TEXAS AS RECORDED IN VOLUME 388 -95, PAGE 56, PLAT RECORDS, TARRANT
COUNTY, TEXAS, AND A PART OF THAT CERTAIN TRACT OF LAND CALLED 2.775 ACRE IN
DEED TO ZEON PROPERTIES, LL.C., AS RECORDED IN INSTRUMENT NUMBER
0216118843, REAL PROPERTY RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 2, AND THE NORTHWEST
CORNER OF OF SAID 2.775 ACRE TRACT, IN THE EAST RIGHT -OF -WAY LINE OF DAVIS
BOULEVARD F. M. 1938 (120' RIGHT -OF -WAY);
THENCE NORTH 00 DEGREES 01 MINUTES, 08 SECONDS WEST, 99.27 FEET WITH THE
WEST LINE OF SAID BLOCK 2, TO A TEXAS DEPARTMENT OF TRANSPORTATION
MONUMENT FOUND FOR THE SOUTH CORNER OF LOT I BLOCK 3, NORTHEAST
BUSINESS PARK, AS RECORDED IN VOLUME 388 -123, PARE 21, OF SAID PLAT RECORDS
THENCE NORTH 65 DEGREES 47 MINUTES, 53 SECONDS EAST, 126.37 FEET WITH THE
SOUTH LINE OF SAID LOT 1, BLOCK 3;
THENCE NORTH 46 DEGREES 24 MINUTES, 48 SECONDS EAST, 379.68 FEET;
THENCE NORTH 62 DEGREES 00 MINUTES, 19 SECONDS EAST, 307.64 FEET TO 1/2
INCH IRON ROD FOUND IN THE EAST LINE OF SAID NORTHEAST BUSINESS PARK FOR
THE NORTHWEST CORNER OF LOT 21, BLOCK 4, MEADOWVIEW ESTATES ADDITION
PHASE 4, AS RECORDED IN VOLUME 388 -169, PAGE 48, PLAT RECORDS, TARRANT
COUNTY, TEXAS;
THENCE SOUTH 00 DEGREES 35 MINUTES, 17 SECONDS EAST, 547.38 FEET WITH THE
COMMON LINE OF SAID NORTHEAST BUSINESS PARK AND MEADOWVIEW ESTATES
ADDITION PHASE 4 TO THE SOUTHEAST CORNER OF SAID NORTHEAST BUSINESS PARK
AND THE NORTHEAST CORNER OF SAID 2.775 ACRE TRACT;
THENCE SOUTH 00 DEGREES, 31 MINUTES, 37 SECONDS EAST, 180.28 FEET WITH THE
WEST LINE OF SAID MEADOWVIEW ESTATES PHASE 4 AND THE EAST UNE OF SAID
2.775 ACRE TRACT TO A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED "ANA "SET
FOR THE SOUTHEAST CORNER OF HEREIN DESCRIBED TRACT AND THE NORTHEAST
CORNER OF THAT CERTAIN TRACT AS DESCRIBED IN DEED TO CHARLES KEARNS AS
RECORDED IN INSTRUMENT NUMBER D190034296, OF SAID DEED RECORDS, IN THE
WEST LINE OF SAID MEADOWVIEW ESTATES PHASE 4;
THENCE NORTH 89 DEGREES, 22 MINUTES, 30 SECONDS WEST, 125.03 FEET WITH THE
NORTH LINE OF SAID CHARLES KEARNS TRACT AND SAID 2.775 ACRE TRACT TO A 1/2
INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID CHARLES KEARNS
TRACT AND THE NORTHEAST CORNER OF THAT CERTAIN TRACT AS DESCRIBED IN DEED
TO DANIEL W. LANGHAM AS RECORDED IN INSTRUMENT NUMBER D199196518, OF
SAID DEED RECORDS IN THE SOUTH LINE OF SAID 2.775 ACRE TRACT
THENCE SOUTH 88 DEGREES, 52 MINUTES, 24 SECONDS WEST, 250.31 FEET TO A 1/2
INCH IRON ROD WITH YELLOW CAP STAMPED "PROLINE "FOUND FOR THE
NORTHWEST CORNER OF SAID DANIEL W. LANGHAM TRACT AND THE NORTHEAST
CORNER OF THAT CERTAIN TRACT AS DESCRIBED IN DEED TO ROBERT ESPINOSA AS
RECORDED IN INSTRUMENT NUMBER 5215248033, OF SAID DEED RECORDS IN THE
SOUTH LINE OF SAID 2.775 ACRE TRACT;
THENCE NORTH 89 DEGREES, 23 MINUTES, 50 SECONDS WEST, 125.59 FEET TO A 1/2
INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID ROBERT ESPINOSA
TRACT AND THE NORTHEAST CORNER OF LOT 2R -1, BLOCK 13, MEADOWVIEW ESTATES
AS RECORDED IN VOLUME 388 -180, PAGE 1, PLAT RECORDS, TARRANT COUNTY,
TEXAS IN THE SOUTH LINE OF SAID 2.775 ACRE TRACT;
THENCE SOUTH 88 DEGREES, 10 MINUTES, 53 SECONDS WEST, 26.63 FEET WITH THE
COMMON LINE OF SAID 2.775 ACRE TRACT AND SAID LOT 2R -1;
THENCE NORTH 01 DEGREES, 07 MINUTES, 36 SECONDS WEST, 127.17 FEET;
THENCE SOUTH 88 DEGREES, 52 MINUTES, 24 SECONDS WEST, 139.29 FEET TO THE
WEST UNE OF SAID 2.775 ACRE TRACT;
THENCE NORTH 00 DEGREES 01 MINUTES, 08 SECONDS WEST, 54.41 FEET WITH THE
WEST LINE OF SAID 2.775 ACRE TRACT TO THE POINT OF BEGINNING AND
CONTAINING 324,792 SQUARE FEET OR 7.456 ACRES OF LAND, MORE OR LESS.
ZONING EXHIBIT
ST JOSEPH ESTATES
EXIST. ZONING "R -1" & "C -2"
PROP. ZONING "RI -PD"
LOTS 1 -11 BLOCK 1, LOTS 1 -8 BLOCK 2 &
LOT 1 BLOCK 3
BEING 7.456 ACRES OF LAND
18 RESIDENTIAL LOTS &
2 NONRESIDENTIAL LOTS
IN THE STEPHEN RICHARDSON SURVEY
ABSTRACT NO. 1266,
AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS,
TARRANT COUNTY, TEXAS.
PREPARED SEPTEMBER 2016
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PP- 2016 -06
Copyright 02016 by A.N.S. Consultants, L.L.C.
A.N.A. JOB NUMBER 160300
150300_PP- PD.dgo 9/29/2016 11:45:30 AM
CITY OF North Richland Hills
ORDINANCE NO. 3429
ZC 2016 -09
AN ORDINANCE OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS
AMENDING THE ZONING ORDI-
NANCE OF THE CITY OF NORTH
RICHLAND HILLS, AND THE ZON-
ING MAP OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS BY RE- j
ZONING A 7.456 ACRE TRACT OF
PROPERTY LOCATED IN THE 7500
BLOCK OF DAVIS BOULEVARD
FROM C -2 COMMERCIAL AND R -1
SINGLE FAMILY RESIDENTIAL TO
RI -PD RESIDENTIAL INFILL
PLANNED DEVELOPMENT ZON-
ING; AMENDING THE COMPRE-
HENISVE LAND USE PLAN MAP;
PROVIDING THAT THIS ORDI-
NANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING '
A SEVERABILITY CLAUSE; PRO -
VIDING A PENALTY FOR VIOLA-
TIONS HEREOF; PROVIDING A
SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION; AND PROVID-
ING AN EFFECTIVE DATE
Any person, firm or corporation
violating any provision of the
Zoning Ordinance of the City of
North Richland Hills and the zoning
map of the City of North Richland
Hills as amended hereby shall be
deemed guilty of a misdemeanor
and upon final conviction thereof
fined in an amount not to exceed
Two Thousand Dollars ($2,000.00).
Each day any such violation shall
be allowed to continue shall con-
stitute a separate violation and
punishable hereunder.
Passed and Approved on this 26th
day of September 2016.
/s /Oscar Trevino
Oscar Trevino - Mayor
ATTEST:
/s /Alicia Richardson
Alicia Richardson - City Secretary
APPROVED AS TO FORM AND
LEGALITY:
/s /Cara L. White
Cara L. White - Assistant City
Attorney
INVOICE
Star - Telegram Customer ID: CIT13
808 Throckmorton St. Invoice Number: 338647221
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 9/30/2016
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Due Date: 9/30/2016
Bill To: PO Number:
CITY OF NORTH RICHLAND HILLS /SE
PO BOX 820609 Order Number: 33864722
NORTH RICHLAND HILLS, TX 76182- Sales Rep: 047
Description: City of North Richlan
Attn: STACEY HARRISON Publication Dates: 9/29/2016 - 9/30/2016
Description Location Col Depth Linage MU Rate Amount I
City of North Richland Hills 13580 1 54 54 LINE $8.21 $886.28
Sales Discount ($805.56)
Misc Fee $10.00
Net Amount: $90.72
......... DEBORAH JEAN BAYLOR
Notary Public, State of Texos
Nly Commission Exp
-- %'F,; ';E �` ' October 29, 2019
County Tarrant ""
of
Before me, a Notary Public in and for said County and State, this clay personally appeared Christy Holland, Bids & Legal Coordinator
for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas : and who after being duly sworn
did depose and say that the attached clipping of advertisement was published in the above named paper on the listed dates:
BIDS 6"LBGt`1LS DEPT. Star - Telegram. 0 SUBSCRIBED AND SWORNTO BEFORE 9bfE,
THIS DAY OFSETT. 342016
Signed �/ . i _ . &170
NOTANYPUBLIC 1V 4 0 --'
Thank You For Your Payment
Remit To: Star - Telegram Customer ID: CIT13"
P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN
FORT WORTH, TX 76101 -2051 Invoice Number: 338647221
Invoice Amount: $90.72
PO Number:
Amount Enclosed: