HomeMy WebLinkAboutOrdinance 3719 ORDINANCE NO. 3719
ZONING CASE ZC 2020-07
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 2.74 ACRES OF LAND LOCATED AT 7509
CHAPMAN DRIVE FROM AG (AGRICULTURAL) TO RI-
PD (RESIDENTIAL INFILL 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
Vision2030 Land Use Plan as the primary document on which to base all
zoning, platting, and other land use decisions; and
WHEREAS, the Vision2030 Land Use Plan map provides guidance for future
development in conformance with the adopted Vision2030 Land Use Plan;
and
WHEREAS, the owner of property located at 7509 Chapman Drive (the "Property") has
filed an application to rezone the Property from its present classification of
AG (Agricultural) 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 November 18, 2021, and the City Council of
the City of North Richland Hills, Texas, held a public hearing on December
13, 2021, with respect to the zoning change described herein; and
Ordinance No. 3719
ZC 2020-07
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 Infill
Planned Development as provided herein on a 2.74-acre tract of land
described as Tract 4, John McComas Survey, Abstract 1040, commonly
referred to as 7509 Chapman Drive, 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 nonresidential planned development in accordance with the
requirements of the Residential Infill Planned Development (RI-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 Infill Planned Development(RI-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-1
(Single-Family Residential) zoning district, 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. 3719
ZC 2020-07
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 December, 2021.
Ordinance No. 3719
ZC 2020-07
Page 3 of 4
CITY NORT RICHL ND HILLS
By:
Oscar re ino, or
`I 01ItlINU!lllll//i///ij
ATTEST: b ,: ng Mft4), gr
;Y
Alicia Richardson %-,(j�••••
City Secretary/Chief Gover✓r �l,O' icer
APPROVED AS TO FORM AND LEGALITY:
Ma eshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Clayton Co tock, Planning Director
Ordinance No. 3719
ZC 2020-07
Page 4 of 4
Exhibit A—Property Description—Ordinance No. 3719—Page 1 of 1
Zoning Case ZC 2020-07
Tivoli Gardens
7509 Chapman Drive, North Richland Hills,Texas
BEING a tract of land out of the J.C. McComas Survey,Abstract No. 1040 and situated in the City of North
Richland Hills,Tarrant County,Texas,said tract being the same tract described in the deed to Torino, LLC
recorded as Document No. D214044112, Deed Records, Tarrant County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at al/2-inch "MILLER 5665" capped steel rod set for the northeast corner of said Torino tract,
said rod being in the westerly boundary line of Block 3, McComas Subdivision, an addition to the City of
North Richland Hills, Texas according to the plat thereof recorded in Volume 388-90, Page 58, Plat
Records,Tarrant County,Texas;
THENCE South 00 degrees 10 minutes 50 seconds West with the easterly boundary line of said Torino tract
and with the westerly boundary line of said Block 3, passing at 299.21 feet a%-inch"MILLER 5665"capped
steel rod set in the northerly right-of-way line of Chapman Drive and continuing into said road a total
distance of 328.33 feet to a PK set in asphalt for the southeast corner of said Torino tract;
THENCE North 89 degrees 46 minutes 10 seconds West a distance of 408.19 feet,with said road and with
the southerly boundary line of said Torino tract;
THENCE North 00 degrees 08 minutes 07 seconds West at 30.01 feet passing the southeast corner of Lot
3, Block 1,Tivoli Garden Estates, Phase 1, an Addition to the City of North Richland Hills,Tarrant County,
Texas,according to the map or plat thereof,recorded in Document No.D219074882,Plat Records,Tarrant
County, Texas, and continuing along the east line of said Block 1 a total distance of 322.98 feet to the
northeast corner of Lot 1, in said Block 1, and to the north line of said Torino tract;
THENCE North 00 degrees 00 minutes 10 seconds West with said Meadow Road and with the westerly
boundary line of said Torino tract a distance of 320.36 feet to a PK nail set for the northwest corner
thereof;
THENCE North 89 degrees 28 minutes 50 seconds East a distance of 410.00 feet with the northerly
boundary line of said Torino tract, to the POINT OF BEGINNING and containing 3.06 acres of land, with
0.32 acres located within Chapman Road.
Exhibit B—Land Use and Development Regulations—Ordinance No. 3719—Page 1 of 3
Zoning Case ZC 2020-07
Tivoli Gardens
7509 Chapman Drive, North Richland Hills,Texas
This Residential Infill Planned Development (RI-PD) District must adhere to all the conditions of
the North Richland Hills Code of Ordinances, as amended, and adopt a base district of R-1 (Single
Family Residential).The following regulations must be specific to this RI-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 RI-PD are limited to those permitted in the R-1(Single Family
Residential) zoning district, as amended, and subject to the following.
1. Any land use requiring a special use permit in the R-1 (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-1 (Single Family Residential)zoning district, as amended,
is also prohibited.
B. Site development standards. Development of the property must comply with the
development standards of the R-1 (Single Family Residential) zoning district and the
standards described below.
1. A maximum of four (4) residential lots is permitted. The lot standards are as follows.
STANDARD MININUM REQUIREMENT
Lot 4:30,000 square feet
Lot 5:30,000 square feet
Lot area
Lot 6:33,000 square feet
ax Lot 7:24,000 square feet
s s pw !'OSifeetpLy �b y
Lot depth 290 feet
,4 a i Y " male
,Front building tine � 3
'rc,Y vx °a M,ir 4 I,U�� 25 feet 7 F i �p,.s .,
primaryistructure 4 r��'I1G,rc��� i 9 " rc rc
7�� �� �- �.'�;
Garage Building Line 55 feet
Side buildingalinG '° .T 1 '10 feet 4 t i' 'j . . .. :
Rear building line
(applicable to primary and accessory 30 feet
structures)
e
20 percent of lot area 5I:Rear yard open.space area � �,
2. A maximum of two (2) drive approaches are permitted on Chapman Drive, as shown on
the site plan attached as Exhibit "C."The drive approaches must be shared between lots.
Lots 4 and 5 must share a drive approach west of the Holiday Lane intersection. Lots 6
and 7 must share a drive approach east of the Holiday Lane intersection. Driveways must
be designed to provide adequate maneuvering space off-street to turn around and exit
the property without backing into Chapman Drive.
Exhibit B—Land Use and Development Regulations—Ordinance No. 3719—Page 2 of 3
Zoning Case ZC 2020-07
Tivoli Gardens
7509 Chapman Drive, North Richland Hills,Texas
3. A six-foot sidewalk must be constructed adjacent to Chapman Drive, pursuant to the
Vision2030 Transportation Plan. The developer is responsible for the sidewalk
construction as part of the public improvements for the subdivision.
4. Fencing is subject to the following.
a. Front yard fences greater than four feet and no taller than six feet in height are
permitted. Fences must be wrought iron or ornamental metal and must have brick or
stone columns spaced 20 to 30 feet on center. Alternatively, a Rural Fence may be
constructed. Rural fences must not exceed five feet in height and must be one of the
following fence types:mortised split rail,tubular steel pipe, post-and-rail,or post-and-
board.
b. If a wooden privacy fence is constructed on a residential lot,the fence must be a pre-
stained board-on-board cedar fence with top cap and side trim; metal posts, brackets,
and caps. The privacy fence must not exceed six (6)feet in height.
5. Landscaping must be designed and installed as follows.
a. On all lots, at least three (3) trees must be installed. At least one (1) tree must be
located in the front yard.
b. All trees must be container-grown and at least three (3) caliper inches in size. Trees
must be of a hardwood species such as oak, elm, maple, or similar species.
c. The front yard of all lots must be landscaped with landscape beds of mulch, crushed
granite, or rock/pebble totaling at least 200 square feet. Beds must be edged with
masonry, metal, or 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.
d. All landscaped areas of each lot must be watered by an automatic underground
irrigation system equipped with rain and freeze sensors.
C. Building design standards. Building design and appearance shall comply with the standards
described below.
1. The minimum dwelling unit size is 2,300 square feet.
2. The maximum structure height is thirty-eight (38)feet.
3. Each dwelling unit must include at least four of the following architectural elements as
appropriate to the architectural style of the home.
a. Minimum roof pitch of 8:12 on the front and a minimum of 6:12 on the sides. Porch
roofs and shed roofs may have a minimum 4:12.
b. Raised, recessed panel, or carriage house design garage doors faced with cedar,
mahogany, or other rot-resistant wood.
c. A covered front porch of at least eight (8)feet in depth and 64 square feet and/or a
front courtyard of at least ten (10) feet in depth and 100 square feet.
Exhibit B—Land Use and Development Regulations—Ordinance No. 3719—Page 3 of 3
Zoning Case ZC 2020-07
Tivoli Gardens
7509 Chapman Drive, North Richland Hills,Texas
d. At least two distinct primary building materials.
e. Divided light or border light windows on street facing elevations, including front
elevations and side elevations on corner lots.
f. Enhanced brick details, such as herringbone, rowlocks, etc.
g. Shutter accents.
h. Cast stone accents.
i. Decorative coach lighting.
j. Quoins.
k. Porch columns.
I. Dormers.
m. Balconies or balconettes.
n. Eight-foot tall entry doors.
D. Amendments to Approved Planned Developments. An amendment or revision to the
Residential Infill Planned Development (RI-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 RI-PD district.
The city manager or designee may approve minor amendments or revisions to the RI-PD
standards provided the amendment or revisions does not significantly:
1. Alter the basic relationship of the proposed uses to adjacent uses;
2. Change the uses approved;
3. Increase approved densities, height, site coverage, or floor areas;
4. Decrease on-site parking requirements;
5. Reduce minimum yards or setbacks; or
6. Change traffic patterns.
Exhibit C-Site Plan Exhibits-Ordinance No. 3719-Page 1 of 2
eux I I LOT5 N 45564PP
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ZONING EXHIBIT
TIVOI[ ,1 GARD IHN FSTAT IFS
EXISTING ZONING: Agricultural
PROPOSED ZONING: Residential Infill Planned Development
•
Exhibit C-Site Plan Exhibits-Ordinance No.3719-Page 2 of 2
LOT 1, BLOCK 1, DENCIL LONG III ESTATES
I CAB. A, SUDS 11712, P.R.T.C.T.
Texas Coordinate System NAD83
N-7001294.16 E-2361272.12 I LOT 4 i NO. REVISIONS/SUBMISSIONS DATE
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`I I— "PARCEL 2 — EXHIBIT C"
ZONED:R-2 " I PARCEL 2 — EXHIBIT A" "PARCEL 2 — EXHIBIT B" �'I F� I N a IN DEED TO NORTH RICHLAND HILLS
DOC. NO. D209297761 D.R.T.C.T.
IN DEED TO NORTH RICHLAND HILLS IN DEED TO NORTH RICHLAND HILLS I ,rql�, I C1 0.0033 Acres ("City Tract One')
DOC. NO. D209297761 D.R.T.C.T. DOC. NO. D209297761 D.R.T.C.T. N w
0.0010 Acres ("City Tract Three') 0.0012 Acres ("City Tract Two") I OI N
N
1ST
PRELIMINARY �� THOMAS HOOVER ENGINEERING,LLC
FOR INTERIM REVIEW ONLY P.O. BOX 1808
In1 KELLER TEXAS 76244
By THOMAS L. HOOVER P.E.$62493 L, T B P.E91FIRM3REG STRATION NO. 006009
Date 11-17-21
TIVOLI GARDEN ESTATES
0 30 60 THOMAS HOOVER ENGINEERING, LLC
NOT FOR CONSTRUCTION, BIDDING, OR PERMIT ZONING EXHIBIT — 4 LOT SCENARIO
Scale in Feet PURPOSES
DESIGNED T1.H SCALE _ PROJECT NO. SHEET
DRAWN THE DATE 1 -30'
02-0001 PP-1
CHECKED TIM 11-17-21 of
�e
AFFIDAVIT OF PUBLICATION
Account# Order Number Identification Order PO Amount Cols Depth
19363 189360 Print Legal Ad-IPL0053425 $89.00 1 49 L
Attention: ROBERT MYERS THE STATE OF TEXAS
CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT
PO BOX 820609
NORTH RICHLAND HILLS,TX 761820609 Before me,a Notary Public in and for said County
and State,this day personally appeared Amanda
Grisham,Bid and Legal Coordinator for the Star-
Telegram,published by the Star-Telegram,Inc.at
Ciro OF Fort Worth,in Tarrant County,Texas;and who,
NORTH RICHLAND HILLS after beingduly sworn,did depose and say that
ORDINANCE NO.3719 Y p Y
AN ORDINANCE OF THE CITY COON- the attached clipping of an advertisement was
CIL OF THE CITY OF NORTH RICH-
LAND HILLS,TEXAS,AMENDING THE published in the above named paper on the listed
ZONING ORDINANCE OF THE CITY dates:
OF NORTH RICHLAND HILLS, AND
THE ZONING MAP OF THE CITY OF
NORTH RICHLAND HILLS,TEXAS BY
REZONING 2.74 ACRES OF LAND No.of Insertions: 2
LOCATED AT 7509 CHAPMAN DRIVE
FROM AG(AGRICULTURAL)TO RI-PD
(RESIDENTIAL INFILL PLANNED DE- Beginning Issue of: 12/22/2021
VELOPMENT);PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE EndingIssue of: 12/23/2021
OF ALL ORDINANCES; PROVIDING
FOR SEVERABILITY;ESTABLISHING A
PENALTY;PROVIDING FOR SAVINGS;
PROVIDING FOR PUBLICATION;AND
PROVIDNG AN EFFECTIVE DATE.
Any person, firm or corporation vi-
elating any provision of the Zoning
Ordinance and the zoning map of the
City of North Richland Hills as amend-
ed hereby shall be deemed guilty of
a misdemeanor and upon final con-
viction thereof fined in an amount
not to exceed Two Thousand Dollars
($2,000.00).Each day any such viola-
tion shall be allowed to continue shall
constitute a separate violation and
punishable hereunder.
PASSED AND APPROVED on this 13th
day of December,2021.
CITY OF NORTH RICHLAND HILLS
By:/s/Oscar Trevino
Oscar Trevino,Mayor ATTEST: Sworn to and subscribed be ore me this 23rd day o
/s/Alicia Richardson December in the year of 2021
Alicia Richardson
City Secretary/Chief Governance Of-
ficer
APPROVED AS TO FORM AND LE-
GALITY:
/s/Maleshia B.McGinnis
Maleshia B.McGinnis,City Attorney
Dec 22-23
Dec 23 2021
Notary Public in and for the state of Texas,residing in
Dallas County
2022
NMI
O*tW
Extra charge for lost or duplkate affidavits.
Legal document please do not destroy[