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Ordinance 3633
ORDINANCE NO. 3633 ZONING CASE ZC 2019-03 AN ORDINANCE OF THE CITY COUNCIL 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 18.965 ACRES OF LAND LOCATED AT 6900-7100 DAVIS BOULEVARD AND 8205-8219 ODELL STREET FROM C-1 (COMMERCIAL) AND TOD (TRANSIT ORIENTED DEVELOPMENT) TO R-PD (RESIDENTIAL PLANNED DEVELOPMENT); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; 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 the Vision203O Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision203O Land Use Plan map provides guidance for future development in conformance with the adopted Vision203O Land Use Plan; and WHEREAS, the owner of property located at 6900-7100 Davis Boulevard and 8205-8219 Odell Street (the "Property") has filed an application to rezone the Property from its present classification of C-1 (Commercial) and TOD (Transit Oriented Development) to R-PD (Residential Planned Development); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on December 5 and December 19, 2019, and the City Council of the City of North Richland Hills, Texas, held a public hearing on January 13, 2020, with respect to the zoning change described herein; and Ordinance No. 3633 ZC 2019-03 Page 1 of 4 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 CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by rezoning the Property and approving a Residential Planned Development as provided herein on an 18.965-acre tract of land described as Tracts 3, 3D, and 3D1, William Cox Survey, Abstract 321; Tracts 1 and 1B, Eliza Ann Cross Survey, Abstract 281; and Lots 28-32, WE Odell Addition, commonly referred to as 6900-7100 Davis Boulevard and 8205- 8219 Odell Street, as described and shown on Exhibit"A," attached hereto and incorporated for all purposes. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to herein approve the residential planned development in accordance with the requirements of the Residential Planned Development (R-PD) district Land Use and Development Regulations, set forth in Exhibit "B," and the Site Plan Exhibits, set forth in Exhibit "C," both of which are attached hereto and incorporated for all purposes. Section 3: That the official zoning map of the City of North Richland Hills is amended and the Planning Director is directed to revise the official zoning map to reflect the approved Residential Planned Development (R-PD) zoning, as set forth above. Section 4: The use of the property described above shall be subject to all applicable and pertinent ordinances of the City of North Richland Hills, all applicable regulations contained in the Building and Land Use Regulations for the R-2 Single-Family Residential and 0-1 Office zoning districts, and the additional zoning standards as set forth in Exhibit "B." Section 5: 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. Ordinance No. 3633 ZC 2019-03 Page 2 of 4 Section 6: 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 7: 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 8: 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. Section 9: 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 10: 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 11: This ordinance shall be in full force and effect immediately following publication as required by Section 10 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 13th day of January, 2020. Ordinance No. 3633 ZC 2019-03 Page 3 of 4 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Planning Director Ordinance No. 3633 ZC 2019-03 Page 4 of 4 Exhibit A- Property Description -Ordinance No. 3633- Page 1 of 2 Zoning Case ZC 2019-03 Tracts 3,31),and 3D1,William Cox Survey,Abstract 321;Tracts 1 and 1B, Eliza Ann Cross Survey,Abstract 281; and Lots 28-32,WE Odell Addition 6900-7100 Davis Boulevard and 8205-8219 Odell Street; North Richland Hills,Texas BEING a tract of land out of the John M. Crockett,Abstract No. 273,the William Cox Survey,Abstract No. 321, and the Eliza Ann Cross Survey, Abstract No. 281, situated in the City of North Richland Hills, Tarrant County, Texas, having been surveyed by Miller Surveying, Inc. of Hurst,Texas in November of 2018, said following described tract being consisting of: the same tracts of land described as "M280" and "M335" in the deed to Total E&P USA Real Estate, LLC recorded as Instrument No. D216266570 in the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.);also a portion of the same tracts of land described as"TRACT I"and"TRACT 11"in the deed to Khosrow Yazhari and Mansour Khayyam recorded in Volume 8080, Page 215 in the Deed Records of Tarrant County,Texas (D.R.T.C.T.); also a portion of Lot 28, a portion of Lot 29,and all of Lots 30 thru 32, Block 1,W. E. Odell Addition,an addition to the City of North Richland Hills,Texas according to the plat thereof recorded in Volume 388-C, Page 68 of the Plat Records of Tarrant County,Texas(P.R.T.C.T.),and being more particularly described by metes and bounds as follows: BEGINNING at a%-inch steel rod found for the northwest corner of said M335,said rod being the southwest corner of Lot 6, Block 18R, Stonybrooke, an addition to the City of North Richland Hills,Texas according to the plat thereof recorded in Cabinet A. Slide 1918 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.) and also being in the easterly right-of-way line of David Boulevard (Texas Farm-to-Market Road No. 1938); THENCE South 89 degrees 05 minutes 32 seconds East with the northerly boundary line of said M335 and with the southerly boundary line of said Block 18R a distance of 114.92 feet to a%-inch "MILLER 5665" capped steel rod set for the northeast corner of said M335, said rod being the northwest corner of Lot 10, Block 13, Stonybrooke, an addition to the City of North Richland Hills, Texas according to the plat thereof recorded in Volume 388-156, Page 56 of said Plat Records; THENCE South 01 degrees 10 minutes 50 seconds West with passing at 309.60 feet a %-inch steel rod found for the northeast corner of said M280, said rod being the northwest corner of Lot 1, Block 12 Stonybrooke, an addition to the City of North Richland Hills,Texas according to the plat thereof recorded in Volume 388-156, Page 56 of said Plat Records and continuing a total distance of 840.06 feet to a %-inch steel rod found for the southeast corner of said M280,said rod being the northwest corner of Lot 1, Block 12 Stonybrooke,an addition to the City of North Richland Hills,Texas according to the plat thereof recorded in Cabinet A.Slide 2811 of said Plat Records; THENCE North 89 degrees 59 minutes 28 seconds West with the southerly boundary line of said M280 a distance of 286.75 feet to a%-inch steel rod found for the northwest corner of Lot 5, Block 12,Stonybrooke,an addition to the City of North Richland Hills,Texas according to the plat thereof recorded in Cabinet A.Slide 2811 of the Plat Records of Tarrant County,Texas(P.R.T.C.T.); THENCE South 01 degrees 03 minutes 56 seconds East with the westerly boundary line of said Block 12 a distance of 733.44 feet to a %-inch steel rod found for the southwest corner of Lot 13 of said Block 12, said rod being in the southerly boundary line of said "TRACT 11" and also being in the northerly boundary line of Block 1 of W. E. Odell Addition,an addition to the City of North Richland Hills,Texas according to the plat thereof recorded in Volume 388- C, Page 68 of said Plat Records; THENCE South 89 degrees 51 minutes 53 seconds West with said southerly boundary line and with the northerly boundary line of said Block 1 a distance of 513.57 feet to a %-inch "MILLER 5665" capped steel rod set for the northeast corner of said Lot 32; THENCE South 00 degrees 24 minutes 17 seconds East with the easterly boundary line of said Lot 32 a distance of 242.46 feet to a one-inch steel rod found for the southeast corner of said Lot 32, said rod being in the northerly right-of-way line of Odell Street; Exhibit A— Property Description —Ordinance No. 3633— Page 2 of 2 Zoning Case ZC 2019-03 Tracts 3,31),and 3D1,William Cox Survey,Abstract 321;Tracts 1 and 1B, Eliza Ann Cross Survey,Abstract 281; and Lots 28-32,WE Odell Addition 6900-7100 Davis Boulevard and 8205-8219 Odell Street; North Richland Hills,Texas THENCE South 89 degrees 25 minutes 50 seconds West with the southerly boundary line of said Block 1 a distance of 120.39 feet to a one-inch steel rod found for the southwest corner of said Lot 31; THENCE North 00 degrees 04 minutes 26 seconds East continuing with said southerly boundary line and said northerly right-of-way line a distance of 1.62 feet to a%-inch "MILLER 5665"capped steel rod set; THENCE South 89 degrees 55 minutes 41 seconds West continuing with said southerly boundary line and said northerly right-of-way line a distance of 193.43 feet to a%-inch capped steel rod found for the intersection of said northerly right-of-way line and the easterly right-of-way line of Davis Boulevard (Texas Farm-to-Market Road No. 1938); THENCE North 17 degrees 58 minutes 09 seconds East with said easterly right-of-way line a distance of 510.57 feet to a%-inch "MILLER 5665"capped steel rod set for the beginning of a curve to the right with a radius of 1849.86 feet and whose chord bears North 28 degrees 49 minutes 08 seconds East at 699.54 feet; THENCE northeasterly with said right-of-way line and with said curve through a delta angle of 21 degrees 47 minutes 53 seconds and along an arc length of 703.78 feet to a%-inch capped steel rod found for the end of said curve; THENCE North 39 degrees 48 minutes 22 seconds East continuing with said westerly boundary line and said easterly right-of-way line a distance of 238.18 feet to a %-inch "MILLER 5665" capped steel rod set; for the beginning of a curve to the left with a radius of 1963.96 feet and whose chord bears North 36 degrees 36 minutes 39 seconds East at 222.23 feet; THENCE northeasterly continuing with said westerly boundary line and said easterly right-of-way line and with said curve along an arc length of 222.35 feet and through a central angle of 06 degrees 29 minutes 12 seconds to a %- inch "MILLER 5665"capped steel rod set for the end of said curve; THENCE North 43 degrees 22 minutes 17 seconds East continuing with said westerly boundary line and said easterly right-of-way line a distance of 170.49 feet to a TxDOT monument found; THENCE North 28 degrees 24 minutes 31 seconds East continuing with said westerly boundary line and said easterly right-of-way line a distance of 168.44 feet to a%-inch "MILLER 5665"capped steel rod set; THENCE North 15 degrees 40 minutes 08 seconds East a distance of 89.78 feet to the point of beginning and containing 18.9652 acres of land, more or less. Exhibit B— Land Use and Development Regulations—Ordinance No. 3633—Page 1 of 11 Zoning Case ZC 2019-03 Tracts 3, 3D, and 3D1,William Cox Survey,Abstract 321;Tracts 1 and 1B, Eliza Ann Cross Survey,Abstract 281;and Lots 28-32,WE Odell Addition 6900-7100 Davis Boulevard and 8205-8219 Odell Street; North Richland Hills,Texas This Residential Planned Development (R-PD) District must adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended,and adopt base district standards corresponding with the Regulating Plan attached hereto and incorporated herein as Exhibit C and as identified below. The following regulations must be specific to this R-PD District. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction will prevail. A. Permitted Land Uses. Uses in this R-PD are limited to those permitted in the R-2 Single Family Residential zoning district,as amended, and subject to the following. 1. Any land use requiring a special use permit in the R-2 Single Family Residential zoning district, as amended, is only allowed if a special use permit is issued for the use. 2. Any land use prohibited in the R-2 Single Family Residential zoning district, as amended, is also prohibited. B. Regulating plan. Development of this property must comply with the regulating plan attached as Exhibit"C." 1. The regulating plan designates the proposed uses of land within the subject property. This includes the designation of applicable subzones within the district.The subzones include garden, cottage,townhome, and office subzones. 2. The regulating plan indicates the location and dimensions of proposed streets, the location of proposed blocks, and the location of open space and nonresidential development areas. 3. Residential development of the property must comply with the development standards of the R- 2 Single Family Residential zoning district and the subzone standards described below. STANDARDS . GARDEN COTjpE BASE:TC EDGE ZONE BASS : CENAL�Z4N � LOT STANDARDS ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........ Lot area(min.) 5,000 sq ft 2,500 sq ft 2,000 sq ft ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Lot width'(min./max.) 50 ft/70 ft 30 ft/70 ft 25 ft/40 ft ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Lot depth(min.) 80 ft 70 ft 70 ft ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Building coverage(max.) 50% 75% 80% .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Impervious coverage(max.) 70% 95% 95% SETBACK STANDARDS ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........ Front building line(min./max.) 10 ft/n.a. 5 ft/10 ft 5 ft/10 ft ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Front/side porch setback(min.) 4 ft 4 ft 4 ft ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Garage setback(min.) 20 ft(front) 7.5 ft(alley) 7.5 ft(alley) ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Side building line Interior:5 ft zero ft/12 ft(max) zero ft/12 ft(max) Street:10 ft Street:10 ft Street:10 ft .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Blocks A and E:20 ft Rear building line(min.) 7.5 ft 7.5 ft Others:10 ft FRONTAGE STANDARDS Percentage of building on front 60% 80% 80% building (min.) line( ..... Exhibit B— Land Use and Development Regulations—Ordinance No. 3633—Page 2 of 11 Zoning Case ZC 2019-03 Tracts 3, 3D, and 3D1,William Cox Survey,Abstract 321;Tracts 1 and 1B, Eliza Ann Cross Survey,Abstract 281;and Lots 28-32,WE Odell Addition 6900-7100 Davis Boulevard and 8205-8219 Odell Street; North Richland Hills,Texas STANDARDS • GARDEN E(TJaE ........ ...................................................................................................................................... BASE:TC EDGE ZONE 11111M6I13A: : C �1'IE /L�Z4NE� Porch percentage of building None required 20% 20% frontage(min.)4 if provided,20% ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Porch Depth 8 ft 6 ft 6 ft HEIGHT STANDARDS ........ ......... ......... ......... ......... ......... ......... z........ ......... ......... ......... ......... ......... ......... ........ Number of stories(max.) Block D:1.5 stories 3 stories 3 stories Others:2.5 stories ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... At eave(max.) 35 ft 35 ft 35 ft ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Finished Floor Elevation3(min.) 1.0 ft 1.5 ft 1.5 ft . .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Interior ceiling height,floor to ceiling First floor:10 ft First floor:10 ft First floor:10 ft (min.) Upper floors:9 ft Upper floors:9 ft Upper floors:9 ft GENERAL STANDARDS ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... Living area(min.) 1,800 sq ft 1,500 sq ft 1,200 sq ft ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Off-street parking(min.) 4 spaces 3 spaces 3 spaces ................... ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Notes: 1. Minimum lot width must be increased an additional five (5)feet on corner lots. 2. A half story is defined as a floor area that is partially or wholly built into the framing of the roof or where the upper level is less than 60%of the lower. 3. May be calculated as an average along the block. The City Engineer will determine if topography makes implementation of this requirement unfeasible per block. 4. At least fifty percent(50%) of lots in each subzone shall require a front porch. , NFIGHBORI-100D SITT II IE IE IL. II°'IM IE I 'T'°STANDARDS 1.1. Streets. 1.1.1. The regulating plan designates the required street network within the development. The specifications below address vehicular lane width, parkway widths, right-of-way widths, number of travel lanes, on-street parking, and pedestrian accommodation. STREET • OF ON-STREET TYPE WAY WIDTH LANES WIDTH PARKING WIDTH ST-60-38 60 ft 2 lanes 38 ft Parallel required 5 ft on both sides ST-50-30 50 ft 2 lanes 30 ft None required 4 ft AL-15 15 ft 1 lane 12 ft Prohibited None AL-20 20 ft 1 lane 15 ft Prohibited None 1.1.2. Parallel on-street parking spaces must be eight (8)feet in depth and twenty-two(22)feet in length. Exhibit B— Land Use and Development Regulations—Ordinance No. 3633—Page 3 of 11 Zoning Case ZC 2019-03 Tracts 3, 3D, and 3D1,William Cox Survey,Abstract 321;Tracts 1 and 1B, Eliza Ann Cross Survey,Abstract 281;and Lots 28-32,WE Odell Addition 6900-7100 Davis Boulevard and 8205-8219 Odell Street; North Richland Hills,Texas 1.2. Public streetscape improvements.The following streetscape standards apply to all streets within the development. 1.2.1. Entry features. Development entry signs shall be designed and installed in accordance with Chapter 106 — Signs of the North Richland Hills Code of Ordinances and details attached as Exhibit"C." 1.2.2. Streetlights. Streetlights must be selected from Oncor's premium decorative street lighting options, as approved by the Development Review Committee. Fiberglass poles are prohibited. Streetlights are to be located at street and alley intersections and not spaced more than 120 feet apart. 1.2.3. Cluster mailboxes. The development must include cluster box units (CBU). The CBU mailbox design must be equipped with decorative tops and pedestals. The location and design must be approved by the Development Review Committee and the US Postal Service. 1.2.4. Sidewalks. Sidewalks must meet the design standards of the City and the widths required by the street sections contained in Exhibit"C." Sidewalks located at back-of-curb may be permitted only for sound engineering and safety practice but must otherwise be located at least two(2)feet from back-of-curb. 1.2.5. Crosswalks.Crosswalks must be designed and installed as shown on the site plan attached as Exhibit "C." All crosswalks must be enhanced with a decorative stamp and stained or dyed as approved by the Development Review Committee. 1.2.6. Street trees. 1.2.6.1. Streets fronting an open space lot or townhome lot must have street trees planted between the sidewalk and street curb.Spacing of the trees must be one(1)tree per 30 feet. 1.2.6.2. Streets fronting a lot in the garden or cottage subzone must follow the standards for those subzones. 1.2.6.3. Davis Boulevard must feature one (1) tree per 30 linear feet of street frontage, excluding street intersections and sight visibility triangles. At least sixty percent (60%)of the trees must be an evergreen species.All trees must be located between Davis Boulevard and the masonry screening wall. 1.2.6.4. All trees must be at least three (3) caliper inches in size and be of a hardwood species such as oak, elm, maple, or similar species. 1.3. Walls and Fencing. Fencing must be designed as shown on the site plan attached as Exhibit "C" and is subject to the following. 1.3.1. The developer is responsible for the installation and construction of the following fencing as part of the public improvements for the development. The fencing must be complete prior to the issuance of building permits for the development. 1.3.1.1. Davis Boulevard frontage: A six-foot tall masonry wall must be constructed adjacent to Davis Boulevard. The wall must be constructed as a traditional masonry screening wall or a pre-cast concrete panel wall at least four inches Exhibit B— Land Use and Development Regulations—Ordinance No. 3633—Page 4 of 11 Zoning Case ZC 2019-03 Tracts 3, 3D, and 3D1,William Cox Survey,Abstract 321;Tracts 1 and 113, Eliza Ann Cross Survey,Abstract 281;and Lots 28-32,WE Odell Addition 6900-7100 Davis Boulevard and 8205-8219 Odell Street; North Richland Hills,Texas thick.A pre-case concrete panel wall must be a stamped and stained masonry design as approved by the Development Review Committee. 1.3.1.2. On residential lots adjacent to existing Stonybrooke Addition residential properties, rear or side yard fencing must be an eight-foot board-on-board pre-stained cedar fence with metal posts, top cap, top trim, and weather- treated baseboard.The fence must be set at the top of a retaining wall and/or a 12-to 18-inch concrete mow strip. 1.3.1.3. On open space lots adjacent to existing Stonybrooke Addition residential properties, rear or side yard fencing must be a six-foot board-on-board pre- stained cedar fence with metal posts, top cap, top trim, and weather-treated baseboard.The fence must be set at the top of a retaining wall and/or a 12-to 18-inch concrete mow strip. 1.3.2. Builder or homeowner installed fencing visible from the public street, if provided, must be either ornamental metal,wood-grain vinyl,or board-on-board pre-stained cedar fence with metal posts, top cap,top trim, and weather-treated baseboard.The finished side of the fence must face the street. 1.3.3. Builder or homeowner installed rear or side yard fencing adjacent to an open space lot, if provided, must be ornamental metal with an optional vegetative screen for privacy. Opaque fencing materials are prohibited adjacent to open space lots. 1.3.4. Standard wood stockade privacy fencing may be permitted in locations other than described in this subsection. 1.4. Open Space and Landscaped Common Areas are subject to the following. 1.4.1. The development must set aside at least seventeen percent (17%) of the gross land area as common open space.All common open space areas and amenities must be owned and maintained by the homeowner's association. The common open space areas shall be as shown on the site plan attached as Exhibit"C." 1.4.2. A landscape plan for the development must be prepared by a Registered Landscape Architect and be approved by the Development Review Committee prior to construction. The landscape plan must show all required street trees and open space landscaping. 1.4.3. One (1) open space lot shall maintain a contiguous open lawn area of at least 15,000 square feet. 1.4.4. Trees must be planted to line the drainage channel above the 100-year water surface elevation. Spacing of the trees must be one (1)tree per 30 feet. 1.4.5. All other open space areas must provide at least one (1) large tree per 400 square feet of lot area and one (1)ornamental tree per 4,000 square feet of lot area. 1.5. Drainage channel design is subject to the following. 1.5.1. Any large drainage channel provided on the property must meet the design requirements of the Public Works Design Manual and the recommendations of the City Image Study for terraced earthen channel, unless the natural state of existing drainage can be preserved. Exhibit B— Land Use and Development Regulations—Ordinance No. 3633—Page 5 of 11 Zoning Case ZC 2019-03 Tracts 3, 3D, and 3D1,William Cox Survey,Abstract 321;Tracts 1 and 113, Eliza Ann Cross Survey,Abstract 281;and Lots 28-32,WE Odell Addition 6900-7100 Davis Boulevard and 8205-8219 Odell Street; North Richland Hills,Texas 1.5.2. Culvert and bridge crossing design must comply with the City Image Study recommendations. 1.6. Mechanical equipment and franchise utilities are subject to the following. 1.6.1. Lateral and service lines for all franchise utilities must be placed and maintained underground. 1.6.2. All franchise utilities must be located at the rear of the lots. 1.6.3. All existing overhead utility lines on the property must be placed underground. In the event the lines are not necessary to provide service to the development, the lines and poles must be removed. 1.6.4. Ground-mounted equipment such as transformers, HVAC equipment, lift stations, utility meters, and other machinery must be located at the rear of the building. If this standard cannot be met, alternative location standards may be approved by the Development Review Committee. Ground-mounted equipment must be screened from view of common open spaces and public streets. 2, RIE IIIDIEIN'T°IIAIL. ILOT'STANDARDS 2.1. The standards in this section apply to all residential lots in all subzones. 2.2. Residential buildings shall have building facades constructed of masonry material covering at least seventy percent(70%)of their building's fagade, excluding door and window area. 2.3. Building windows must comply with the following. 2.3.1. Specialty windows such as stained,opalescent, or glass block may be permitted provided the total area does not exceed fifteen percent (15%) of the total window area of the fagade. 2.3.2. Window screening of any type must be black or gray. 2.3.3. Exterior solar screens are permitted on facades that do not face a public space such as a common open space or public street. 2.3.4. The horizontal dimension of the window opening must not exceed the vertical dimension, except as provided in this subsection. 2.3.5. A maximum of five(5)windows may be mulled horizontally together to form a compound window.The compound window may be wider than it is tall if each grouping is separated by a mullion, column, pier,or wall section that is at least seven (7) inches wide. 2.3.6. Window sills must be sloped to drain over the window pediment. 2.3.7. The minimum return from the primary wall surface to the window jamb must be three(3) inches with a trim or panning recommended. 2.3.8. The ground story front fagade must have windows or doors covering a minimum of thirty percent(30%)of the fagade. 2.3.9. Side yard ground story facades must have windows or doors covering a minimum of thirty percent(30%)of the fagade excluding the garage portion of the fagade. Exhibit B— Land Use and Development Regulations—Ordinance No. 3633—Page 6 of 11 Zoning Case ZC 2019-03 Tracts 3, 3D, and 3D1,William Cox Survey,Abstract 321;Tracts 1 and 1B, Eliza Ann Cross Survey,Abstract 281;and Lots 28-32,WE Odell Addition 6900-7100 Davis Boulevard and 8205-8219 Odell Street; North Richland Hills,Texas 2.4. Building roofs must comply with the following. 2.4.1. Permitted roof materials. Any roofing material not authorized by this subsection is prohibited a. High definition architectural asphalt shingles(4 tab) b. Tile, clay, or concrete (faux clay). c. Slate (equivalent synthetic or better). d. Metal (on porches and accent roofs). e. Cornices and soffits may be a combination of wood, metal, and Hardie-PlankTm equivalent or better. 2.4.2.Roofing materials must have a minimum 30-year rated warranty. 2.4.3.Authorized roof configurations include the following: a. Hip and gable roofs must be pitched 6:12 or greater. b. Accent roofs must be pitched 4:12 or greater. 2.4.4. Dormers and chimney chases above the roof structure must be finished with a permitted primary building material or a siding material of Hardie-Plank'm equivalent. 2.4.5. Fireplace flues must be enclosed and finished to be complementary of the building's exterior. Finished construction of exposed pre-fabricated metal flue piping is prohibited, except for gas appliance vent stacks required by applicable construction codes. 2.4.6. Architectural metal downspouts are required. Open scuppers are prohibited. , GARDEN A IN ID C '11I'-TA m E (ID ETA FI E ID IRE II ID IE N'T II A IL.) SUKOWE 'TA N II3A IR ID 3.1. The standards in this subsection apply to the garden subzone and cottage subzone. 3.2. Building architecture and architectural diversity. 3.2.1. The combination of the same primary building material color must not be repeated for garden and cottage lot buildings located on adjacent lots. 3.2.2. The combination of the same floor plan or same building front fagade elevation must not be repeated for single-family detached residential buildings unless separated from one another by at least three (3) lots. 3.2.3. The following architectural standards are required when used on detached residential lot homes: 3.2.3.1. A minimum one-foot (1') roof overhang on street-facing fagade, unless the architectural style (i.e. French Country) calls for a smaller overhang. 3.2.3.2. Finished or decorative soffit on roof overhang. 3.2.3.3. Horizontal cementitious siding must have a minimum four-inch (4) wide rake boards, corner boards, and window and door trim. 3.2.3.4. Brick construction must have soldier course or arch over doors and windows and along roof rake. Exhibit B— Land Use and Development Regulations—Ordinance No. 3633—Page 7 of 11 Zoning Case ZC 2019-03 Tracts 3, 3D, and 3D1,William Cox Survey,Abstract 321;Tracts 1 and 1B, Eliza Ann Cross Survey,Abstract 281;and Lots 28-32,WE Odell Addition 6900-7100 Davis Boulevard and 8205-8219 Odell Street; North Richland Hills,Texas 3.2.3.5. Stucco/EIFS construction must have decorative or raised head and sill at windows and doors and along roof rake on the street-facing fagade. 3.2.3.6. Street-facing fagade windows must be single- or double-hung windows with divided light. Casement windows without divided light are allowed when architecturally appropriate. 3.2.3.7. Ornamental lighting sconce on the street-facing fagade. 3.2.3.8. At least three (3) of the architectural elements listed below must be incorporated into front building fagades of single-family detached residential: (1) Covered Entry and/or porch of a depth of four feet(4')or more, with step railing with balusters and porch ceiling fan (2) Double entry doors (3) Cedar or painted columns (4) Masonry, stone,or cast stone accents (5) Masonry chimney (6) Bay window (7) Decorative window molding or lintels (8) Window shutters with hardware (9) Arch or circle tip windows (10) Attic window or dormer (11) Decorative gable feature (12) Ornamental roof top feature (13) Balcony or balconette (14) Patio courtyard 4, STANDARDS SPECIFICT"O GARDEN UKOME, 4.1. The standards in this subsection apply to the garden subzone. 4.2. Garages. Front entry garages are permitted within the garden subzone only and are subject to the following: 4.2.1. The garage entry must be set back at least twenty(20)feet from the property line. 4.2.2. All garage doors must be raised or recessed panel or carriage house design. 4.2.3. Front entry garages must not constitute more than sixty(60) percent of the total width of the dwelling. 4.3. Driveways. Driveways must be salt-finished concrete, broom-finished concrete with smooth section/panel border, stamped and stained concrete, or a combination thereof. The driveway must not extend beyond the width of the garage. 4.4. Landscaping. Exhibit B— Land Use and Development Regulations—Ordinance No. 3633—Page 8 of 11 Zoning Case ZC 2019-03 Tracts 3, 3D, and 3D1,William Cox Survey,Abstract 321;Tracts 1 and 113, Eliza Ann Cross Survey,Abstract 281;and Lots 28-32,WE Odell Addition 6900-7100 Davis Boulevard and 8205-8219 Odell Street; North Richland Hills,Texas 4.4.1. Each garden lot must provide at least two (2) shade/large trees and one (1) ornamental tree.At least one (1) shade/large tree must be located between the sidewalk and street. 4.4.2. The front yard of all garden lots must be landscaped with landscape beds of mulch, crushed granite, or rock/pebble totaling at least 100 square feet. Beds must be edged with masonry, metal or poured concrete. Beds must contain a minimum of fifteen (15) one-gallon shrubs of at least two different species and at least one (1)ornamental tree. 4.4.3. All landscaped areas of each lot must be watered by an automatic underground irrigation system equipped with rain and freeze sensors. 4.4.4. All trees must be at least three (3) caliper inches in size and be of a hardwood species such as oak, elm, maple, or similar species. 5, B'TAINIDAIBII36 SPECIFICT"O COTTAGE SUB'T NIE 5.1. The standards in this subsection apply to the cottage subzone. 5.2. Landscaping. 5.2.1. Each cottage lot must provide one(1)shade/large tree located between the sidewalk and street. Street tree spacing must be coordinated such that trees are spaced 35 feet apart, with a five-foot(5')variance allowed for utility avoidance. 5.2.2. The front yard of all cottage lots must be landscaped with landscape beds of mulch, crushed granite,or rock/pebble totaling at least 60 square feet. Beds must be edged with masonry, metal or poured concrete. Beds must contain a minimum of ten (10)one-gallon shrubs of at least two different species and at least one (1) ornamental tree. 5.2.3. All landscaped areas of each lot must be watered by an automatic underground irrigation system equipped with rain and freeze sensors. , STANDARDS B II°'IEC II II:II 'T"O'T'° N 11-i I IE B U IB'T IN IE 6.1. The standards in this subsection apply to the townhome subzone. 6.2. Townhomes are limited to building groupings not exceeding six(6) units. Each building grouping must provide ten feet(10')of separation between buildings. 6.3. Building architecture. The following architectural design standards apply to all townhome dwelling units. 6.3.1. Entry features. A dwelling must include a covered front porch, stoop landing, recessed entry, or front courtyard at main entrances. 6.3.1.1. The minimum area of a porch,stoop landing, recessed entry,or courtyard must be 20 square feet. 6.3.1.2. In order to increase its prominence, the entry must have at least one of the following: sidelights; a glass transom; decorative detailing on the front door such as raised/recessed panels, arches, glazing, or architectural metal details; or similar features. 6.3.2. At least one(1)of the architectural elements listed below must be incorporated into front building fagades of single-family attached (townhome) residential: Exhibit B— Land Use and Development Regulations—Ordinance No. 3633—Page 9 of 11 Zoning Case ZC 2019-03 Tracts 3, 3D, and 3D1,William Cox Survey,Abstract 321;Tracts 1 and 1B, Eliza Ann Cross Survey,Abstract 281;and Lots 28-32,WE Odell Addition 6900-7100 Davis Boulevard and 8205-8219 Odell Street; North Richland Hills,Texas (1) Covered Entry and/or porch of a depth of four feet (4') or more (2) Cedar or painted columns (3) Masonry, stone,or cast stone accents (4) Masonry chimney (5) Bay window (6) Decorative window molding or lintels (7) Window shutters with hardware (8) Arch or circle tip windows (9) Attic window or dormer (10)Decorative gable feature (11)Ornamental roof top feature (12)Balcony or balconette (13)Patio courtyard 6.3.3. Roofs. The roofs of each attached unit must be distinct from the other through either separation of roof pitches or direction,variation in roof design, or architectural features. 6.3.4. Garages. On all lots, garage access must be provided from the alley at the rear of the lot. Front entry garages are prohibited. 6.4. Landscaping 6.4.1. Townhome lot street/open space tree placement shall follow the conceptual layout of the Landscape Plan attached as"Exhibit C." 6.4.2. The front yard of all townhome lots must be landscaped with landscape beds of mulch, crushed granite,or rock/pebble totaling at least 40 square feet. Beds must be edged with masonry,metal or poured concrete. Beds must contain a minimum of eight(8)one-gallon shrubs of at least two different species and at least one (1) ornamental tree. 6.4.3. All landscaped areas of each lot must be watered by an automatic underground irrigation system equipped with rain and freeze sensors. 7, MISCEILJLXNEOIJS STANDARDS 7.1. TV satellite dish receivers must comply with Sec. 118-775 a. of the zoning ordinance. Satellite receiver dishes larger than one meter in diameter are prohibited. Satellites must be affixed to the roof of a building and must not be visible from the street. 7.2. Garbage bins (not including public sidewalk waste bins) must be stored in a location that is not visible from a public street or open space. 7.3. Landscaping maintenance. 7.3.1. The record owner of a lot is responsible for watering, maintaining and preserving in a growing healthy condition all landscaping located on said owner's lot, including, but not Exhibit B— Land Use and Development Regulations—Ordinance No. 3633—Page 10 of 11 Zoning Case ZC 2019-03 Tracts 3, 3D, and 3D1,William Cox Survey,Abstract 321;Tracts 1 and 1B, Eliza Ann Cross Survey,Abstract 281;and Lots 28-32,WE Odell Addition 6900-7100 Davis Boulevard and 8205-8219 Odell Street; North Richland Hills,Texas limited to,trees,shrubs, planting beds,and ground cover located on the lot as well as the parkway space between the private lot and the paved street. 7.3.2. The record owner of a lot must replace dead trees and/or plant materials within sixty(60) days after written notification from the City to replace such trees and/or plant materials. 7.3.3. Trees must be maintained to provide a seven-foot (7') clearance over sidewalks and a fourteen-foot(14') clearance over travel and parking lanes. The foliage of newly planted trees may intrude into this area until the tree has sufficient growth to allow such a clear trunk height. 7.3.4. Shrubbery must be maintained to keep a clear view between two feet(2') and eight feet (8')above grade and to prevent encroachment into sidewalks or streets. 7.3.5. Trees and landscape materials must be planted in a manner or in an area that does not create a visibility obstruction at intersections and driveways in violation of any City ordinance. 7.3.6. The landscaping located on any lotwithin this Planned Development must not be reduced to less than the minimum required by this Section. , E 'TA INL.II Fi IVE IN'T OF A HOVEOWMERS ASSOCIATION Conditions, covenants, and restrictions (CC&Rs)for all property within the R-PD district must be filed in the official public records of Tarrant County by the owner before a final subdivision plat may be approved, a lot sold,or a building permit issued. Conditions, covenants, and restrictions which relate to provisions required in this district must be approved by the city attorney, and they must: 8.1. Create a property owners' association with mandatory membership for each property owner. 8.2. Establish architectural standards that are in conformity with the requirements of this R-PD district. 8.3. Create an architectural review committee to review development for compliance with the architectural standards and issue certificates of approval for additions and exterior remodels prior to a building permit application. 8.4. Provide for the maintenance of the landscaping and trees within the right-of-way. 8.5. Provide for the maintenance of all common amenities, common areas, open space lots, and associated landscaping and irrigation. 8.6. Provide for the maintenance of fences and walls adjacent to open space lots and/or within dedicated wall easements. 8.7. At a minimum, the conditions, covenants, and restrictions establishing and creating the mandatory property owners' association must contain and/or provide for the following: 8.7.1. Definitions of terms contained therein; 8.7.2. Provisions acceptable to the City for the establishment and organization of the mandatory property owners' association and the adoption of bylaws for the association, including provisions requiring that the owner of any lot within the applicable subdivision and any successive buyer shall automatically and mandatorily become a member of the association; Exhibit B— Land Use and Development Regulations—Ordinance No. 3633—Page 11 of 11 Zoning Case ZC 2019-03 Tracts 3, 3D, and 3D1,William Cox Survey,Abstract 321;Tracts 1 and 113, Eliza Ann Cross Survey,Abstract 281;and Lots 28-32,WE Odell Addition 6900-7100 Davis Boulevard and 8205-8219 Odell Street; North Richland Hills,Texas 8.7.3. The initial term of the covenants, codes, and restrictions establishing and creating the association must be for a 50-year period and must automatically renew for successive ten-year periods, and the association may not be dissolved without the prior written consent of the City; 8.7.4. The right and ability of the City or its lawful agents, after due notice to the association,to remove any landscape systems,features,or elements that cease to be maintained by the association;to perform the responsibilities of the association if the association fails to do so in compliance with any provisions of the covenants, codes, and restrictions of the association or of any applicable city code or regulations; to assess the association for all costs incurred by the City in performing said responsibilities if the association fails to do so; and/or to avail itself of any other enforcement actions available to the city pursuant to state law or city codes or regulations; and 8.7.5. Provisions indemnifying and holding the City harmless from any and all costs, expenses, suits, demands, liabilities or damages, including attorney's fees and costs of suit, incurred or resulting from the City's removal of any landscaping, features, or elements that cease to be maintained bythe association orfrom the city's performance of the aforementioned operation, maintenance or supervision responsibilities of the association due to the associations'failure to perform said responsibilities. Da OFFICE STANDARDS 9.1.1. Areas designated as "Office" on the regulating plan must follow the design standards set forth by the Transit Oriented Development zoning district General Mixed Use Character Zone. 9.1.2. Land uses in the Office subzone are limited to those permitted in the 0-1 Office zoning district, as amended. 10, A ID IN'Ih II N II 'T IRA"'] N 10.1.1. Amendments to Approved Planned Developments. An amendment or revision to the Residential Planned Development (R-PD) must be processed in the same manner as the original approval. The application for an amendment or revision must include all land described in the original ordinance that zoned the land to the R-PD district. 10.1.2. 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