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Home My WebLink AboutOrdinance 2345 ORDINANCE NO. 2345 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE NUMBER 1874, THE ZONING ORDINANCE, AS AMENDED, TO ESTABLISH A PLANNED DEVELOPMENT DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has reviewed a rezoning request on a tract of land identified in Case Number PZ 98-20; and WHEREAS, the developer has indicated an interest in establishing the proposed development as a planned development district under the guidelines of the North Richland Hills Zoning Regulations; and WHEREAS, the Planning and Zoning Commission has determined that the development conditions of this tract of land do not provide adequate opportunities for development under available existing zoning district regulations; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874, as amended, by establishing a Planned Development District and by changing said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 98-20, the following described property, attached as Exhibit 1, Location Map, shall be rezoned from R7MF -Multi-family Residential and C1-Commercial to establish a Planned Development District with specific development regulations as herein described: Being a tract of land out of the S. Richardson Survey, A-1266, Tarrant County, Texas and being a portion of a tract of land as described in Deed Recorded in Volume 9097, Page 1021, Deed Records, Tarrant County, Texas and being described as follows: BEGINNING at a % " iron pin, set in the south line of a tract of land as described in deed recorded in Volume 9097, Page 1039, Tarrant County Deed Records, for the most northerly northwest corner of a tract being described said point also being the most northerly northeast corner of lost 11, Block 4, Ember Oaks Addition, an Addition to the City of NRH, Tarrant County, Texas, Ordinance 2345 Page 1 according to the plat filed in Volume 388-213, Page 63, Plat Records, Tarrant County, Texas; THENCE north 62 degrees 00 minutes 00 seconds east, 169.94" along the south line of said tract of land as described in deed recorded in Volume 9097, Page 1039, to a capped iron pin found for corner. THENCE north 89 degrees 00 minutes 00 seconds east 531" and continuing along the south line of said tracts of land as described in Deed Recorded in Volume 9097, Page 1039, Tarrant County Plat Records, to a capped iron pin found for corner; THENCE south 57 degrees 00 minutes 00 seconds east, 233" and continuing along the south line of said tract of land as described in deed recorded in Volume 9097, Page 1039, Tarrant County Plat Records to a capped iron pin found for corner; THENCE south 65 degrees 57 minutes 35 seconds east 343.5' (deed call south 66 degrees, 00 minutes, 00 seconds east 344') and continuing along the south line of said tract of land as described in deed recorded in Volume 9097, Page 1039, Tarrant County Plat Records to a capped iron pin for corner; THENCE south 87 degrees 53 minuets 39 seconds east 262.87' (deed call south 88 degrees 00 minutes 00 seconds east 262') and continuing along the south line of said tract as described in deed recorded in Volume 9097, Page 1039, Plat Records, Tarrant County, Texas to a capped iron pin found for corner; THENCE south 58 degrees 04 minutes 38 seconds east (deed call south 58 degrees 00 seconds east) 224.53' and continuing along the south line of said tract of land as described in deed recorded in Volume 9097, Page 1039, Plat Records, Tarrant County, Texas, to a Highway Department monument found in the west right-of-way line for Davis Boulevard for the most easterly northeast corner of tracts being described; THENCE south 41 degrees 52 minutes 54 seconds west, 184.48' along the west right-of-way line of Davis Boulevard to a TX Highway Department monument found for corner; THENCE north 68 degrees 11 minutes 54 seconds west, 10.37' along said right-of-way line for Davis Boulevard to a TX Highway Department monument found for corner; THENCE south 38 degrees 49 minutes 45 seconds east 28.25' along said right-of-way line for Davis Boulevard to a TX Highway Department monument found for corner; Ordinance 2345 Page 2 THENCE south 51 degrees 55 minutes' 43 seconds east 22.61' along said right-of-way line of Davis Boulevard to a TX Highway Department monument and being located in a curve to the left with a radius of 1969.86'; THENCE southwesterly along said westerly right-of-way line of Davis Boulevard and curve to the left 167.69' to a %" iron pin found for the end of said curve whose cord bears south 35 degrees 22 minutes 15 seconds west 167.64'; THENCE south 42 degrees 57 minutes 49 seconds west, 100.25' along said right-of-way line of Davis Boulevard to a 5/8" iron pin found for corner; THENCE south 36 degrees 50 minutes' 48 seconds west 99.89' along said right-of-way line of Davis Boulevard to a capped iron pin found and beginning of a non-tangent in a curve to the left with a radius of 1969.86'; THENCE southwesterly along said right-of-way line of Davis Boulevard and said curve to the left 137.77' to a 5/8" iron pin found for the southeast corner of Tracts being described and said point also being the end of said curve whose cord bears 29 degrees 01 minute 52 seconds east, 137.74'; THENCE south 89 degrees 49 minutes 13 seconds west 455.37' to a %" iron pin set in the easterly line of Lot 8., Block 8, said Ember Oaks Addition; THENCE north 22 degrees 47 minutes 07 seconds east 69.01' along the easterly line of said Lot 8, Block 8, Ember Oaks Addition, to a capped iron pin found for the northeast corner of said Lot 8, Block 8, Ember Oaks; THENCE north 24 degrees 59 minutes 54 seconds east 338.40' along said Block 8, Ember Oaks Addition and Lots 23 & 24, Block 4, Ember Oaks Addition, an addition to the City of NRH, Tarrant County, Texas, according to the Plat recorded in Cabinet A, Slide 461, Plat Records, Tarrant County, Texas, to a capped iron pin found for an inside corner of tracts being described, said point also being the northeast corner of said Lot 23, Block 4, Ember Oaks Addition; THENCE north 60 degrees 59 minutes 58 seconds west 1066.66' along said Block 4, Ember Oaks Addition to the point of beginning and containing 15.547 acres of land, more or less. 2. That the purpose of this Planned Development District is to provide for a 240 unit independent living facility for elderly persons. The permitted uses and development regulations for this Planned Development District shall be as follows: Ordinance 2345 Page 3 1. Permitted Uses: A 240-unit independent living facility for elderly persons, constructed in accordance with the site plan and building elevations attached as Exhibits to this Ordinance. 3. That development regulations contained in Ordinance 1874, as amended, and specifically the R7 -Multi-family residential zoning district regulations which are not in conflict with the terms of the Planned Development District shall govern development of this property except as follows: 1. Screening Walls: A 6' masonry-screening wall shall be constructed along the common property lines of the Ember Oaks Addition, in accordance with the Homeowner and Developer Agreement attached as an Exhibit to this Ordinance. Additionally, this masonry-screening wall shall continue along the most northwesterly property line to a point that it intersects the established boundary of the Little Bear Creek Corridor. 2. Unit Size: Unit size for this development shall be no less than 880 square feet for one-bedroom, one-bath and 984 square feet for two bedroom, two bath units as attached as an Exhibit to this Ordinance. 3. Deed Restriction: An executed deed restriction filed with Tarrant County Courthouse restricting the use of units to elderly persons, 55 years of age and over. 4. Parking: There shall be 380 parking spaces, 156 of these shall be covered, the remaining 224 shall be surface. 5. Landscaping: Landscaping shall meet city requirements. 4. That, all provisions of Ordinance No. 1874, the Zoning Regulations of the City of North Richland Hills, as amended, which are not in conflict with the terms of this Planned Development shall remain applicable on said property, and the provisions of the R-7-MF District shall apply to this property to guide development, except where amended herein. 5. All Exhibits attached to this Ordinance shall govern development of the property legally described above. 6. That, the Zoning Map of the City of North Richland Hills be amended to reflect this planned development district and that the Comprehensive Land Use Plan be amended to reflect high density residential at this location. Ordinance 2345 Page 4 7. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 8. SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 9. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. Ordinance 2345 Page 5 APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 22ND DAY OF OCTOBER, 1998. c. !:=J),.. '. Iì _ . r-ì". \ ":,".""\- . l\ \ c~ <;;(.-JÛAJ\n~/ ) 14 ;tI ~ f/ ~ Chairman, Planning and Zoning 2';';;miSSion Secretary, Planning and Z~::miSSion PASSED AND APPROVED BY THE CITY COUNCIL THIS 9th DAY OF NOVEMBER, 1998. 0 W ~ harles Scoma, Mayor City of North Richland Hills, arrant County, Texas ¡I!/lilf ,.' ,,('¡.! J1 A 1I11 ',' ,C\,V' 1'-/'1/\//, 11/ ,,'-;-:,(,0 \..··,,····..~u A'.../// ~.~.,.., "''¡¡;:; // 'ÅEt:r'EBT ····Ý % :;;> . \<? ~ ~)~/~ ~ttL-tyv.. " ~y Secreta,y ,~~ CiW/Qf,,~Jt~\-Rìchland Hills, Texas APPROVED AS TO CONTENT æµ ~¥ Department Head Ordinance 2345 Page 6 - ... ~ It, . . h _ ~ - / If d ~t \ I iuII. ~~ Ii! hHii/\\: ~ ~ II, =t11 ~ f! .Ii h -;,~ ~ ti t1 I I -N '¡ l ~~i~ ,~. f f .... - .¡, . ~ ~:: . (... '7 ~ . i 11-· ~tJ - , ~ íhft'hi"¡ -t.., ,~ ;.. 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IIIØ' ~ ~ Co f I /,.., ~." 7' \ "'--" v ~-7"""""'1 L L I r l I I] ~ ¡¡; Q , ~ :J ð. ~£' Q iß Il ~ -----. " ~ ~ ..~. I" W,tìi" \. 1'\ , :..r' 1 'I("'- ...,¡ " 'i.~IJ fi. ,l~.!~ I ~I :,} ! of' ~ I Q 2'~ ¡¡;: Q~ i~ :J of' , ¡ ;¡; Q \ (Û t-~ -:¡¡ Z :=J ~ Q) Q) L o .q t-:k -~ Z :=J cjc z! -: d)' " æi IU~ z~ ~ ~ j -Hj IL: . ...p ~ ~ ¡ M If ~J 0"· æl -<{L ~I ~f ~<.J) LÆz CD ~- <[ Q)Ï--1 CO~(L ~ t- c£z ()~:=J ú) rcï ,- > ... -- .p t: 1 ¡{j ~ ... TWO PARTY AGREEMENT The Villas at Bear Creek Development (herein referred to as the "Developer") has reached an agreement with a group of residents representing the Ember Oaks Addition (herein referred to as the "Neighbors"). This agreement was reached between the Developer and the Neighbors present at the meeting on Wednesday, October 21, 1998. The Neighbors support the developers site plan and Planned Development proposal for the Development known as the Villas at Bear Creek with the inclusion of the list below. The Developer has agreed upon the following modifications to the Development's Site Plan: 1. The Elimination of approximately one hundred (100) parking spaces, specifically those spaces located along the property boundary between the Ember Oaks Subdivision and the Villas at Bear Creek (herein referred to as the "Villas"). 2. In lieu of the concrete parking spaces, the Developer has agreed to increase the green space between Ember Oaks and the Villas to a minimum of twenty-five feet. Furthermore, the green space will I,. J include an additional six hundred (600) caliper inches of trees above and beyond what woullb;<;\ II,~ Irrl-- 'f"" required by the City of North Richland Hills. The neighbors (represented by Ken Hill of ~ ~ 'V 8100 Fireside Drive) will approve the landscape plan to be completed by the developer. e;.f e.r \. l~v( o~~. ~dl,}~ fi4r: 3. The Developer has agreed to eliminate any lighting and or ~llumina!!on of We, wal~ing traili, w.h~~ will ~ ~ ;:7&\0... I meanderthroughouttheVillas.Sfec.f¡£4I,.tl'jI*,~OI\l..¥u l.~ht>. OQ~A) 1.9h+.JIJ, O....¡ ''(t'~N''~ &- ....J<.-J 4. The Developer has agreed to add a screening wall, which will run from the Nortþwest bounfc¡ry-of . ~ Lot 13, Block 4 north to the existing ei\:;Yi:lllon u[64j n. Þ4ul?clc.r'j o-P/¡Hle..IJälr ~ek. C¡)/'r' or.9'-t-.}~ 5. The Developer has agreed to relocate covered parking spaces away from the neighbors rear yards by ~ ~ moving the required covered parking as close to the multi-family buildings as physically possible. 6. The Developer has agreed to maintain the property as a seniors development meeting the requirements ofthf Federal Fair Housing Act. . b ' f' . I ~ "1 rtl,~<.l~*S Pt'-e~ OP+10N vf;rt;¡t4.St, u..dåMlC\.~ o{.lNU ~+ '"to .(.lO..ì ~~'1'i>oJ. J "'t"o Sl4v<. t. LO"¡5~'-. ·(Jr.o tM.j. ~a..l fr Lo~s.. ~ L Ú>h2.ð~,,!'1 I. V. 1/4..,' rt 0_17" .MAl Both partres agre~ tna fie :SIte plan IS su ~ect to moèhficatlO s and approval ~'both the Plann g M.dl' "" I 'r' Zoning Commission and the City Council of North Richland Hills. ~ This agreement is agreed and accepted by: :;~!l~_:______!_d 1~t(7 Ý President C Western Rim Investors ¿;;#---------- _~~;Z~:______ Tom Wray - 81 0 FirJde Dv. ~-~--~~ ~j~,;;:z-:-~~ Jm;~;iCh - 028 Fireside Dv. ----------...- ----------------------------- Steve White -7937 Ember Oaks I' l\ [;1: 1+ 'ß (\ £ TWO PARTY AGREEMENT The Villas at Bear Creek Development (herein referred to as the "Developer") has reached an agreement with a group of residents representing the Ember Oaks Addition (herein referred to as the "Neighbors"). This agreement was reached between the Developer and the Neighbors present at the meeting on Wednesday, October 21, 1998. The Neighbors support the developers site plan and Planned Development proposal for the Development known as the Villas at Bear Creek with the inclusion of the list below. The Developer has agreed upon the following modifications to the Development's Site Plan: 1. The Elimination of approximately one hundred (l00) parking spaces, specifically those spaces located along the property boundary between the Ember Oaks Subdivision and the Villas at Bear Creek (herein referred to as the "Villas"). 2. In lieu ofthe concrete parking spaces, the Developer has agreed to increase the green space between Ember Oaks and the Villas to a minimum of twenty-five feet. Furthermore, the green space will include an additional six hundred (600) caliper inches of trees above and beyond what would be required by the City of North Richland Hills. The neighbors (represented by Ken Hill of 8100 Fireside Drive) will approve the landscape plan to be completed by the developer. 3. The Developer has agreed to eliminate any lighting and or illumination of the walking trail, which will meander throughout the Villas. 4. The Developer has agreed to add a screening wall, which will run from the Northwest boundary of Lot 13, Block 4 north to the existing elevation of645 ft. 5. The Developer has agreed to relocate covered parking spaces away from the neighbors rear yards by moving the required covered parking as close to the multi-family buildings as physically possible. 6. The Developer has agreed to maintain the property as a seniors development meeting the requirements of the Federal Fair Housing Act. Both parties agree that the Site Plan is subject to modifications and approval by both the Planning and Zoning Commission and the City Council of North Richland Hills. This agreement is agreed and accepted by: The De/iloP1 ' O· ,I ,/. ( ~ ¿¿" IO(l2.(ÇF -------------------~------- Richard E. Sim~-~~-- m President Western Rim Investors The Neighbors ---- --------..----------------------------- Ken Hill- 8100 Fireside Dv. ---- ---- -------- ------------- ------------- Tom Wray - 8120 Fireside Dv. ---- ..-------..----------------------------- Joyce Hegeman - 8124 Fireside Dv. ---- ---- -------- --- ..----- ----------------- Sherry Ortiz - 8040 Fireside Dv. ------------------------------------------ Jeff Dapprich - 8028 Fireside Dv. ----------------------------------------- Steve White -7937 Ember Oaks We, the undersigned, support the agreement reached between the Villas at Bear Creek Development and the group of residents representing the Ember Oaks Addition, at the meeting on Wednesday, October 21,1998. Signature ~,:~~ Name Address Øloß:Fí)4r5;~ /)~, hI'é116// u/ *11/rI-t'tf-l IV, If, ;é//("v/¡f;!/~ Î)(