HomeMy WebLinkAboutOrdinance 0296
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ORDINANCE NO. 296
AN ORDINANCE COHPLYING WITH ARTICLE XXIX
CHANGES AND AHENDMENTS, SECTION 1 OF ORDI-
NANCE 179, ZONING ORDINANCE OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, PASSED, APPROVED
AND ADOPTED BY THE PLANNING AND ZONING COM-
MISSION AND THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, NOVEHBER 13, 1967
AND DECLARIID: AN EMERGENCY.
Section 1 of the Ordinance No. 179 reads as follows:
"The governing body may from time to time amend, supplement or change by ordi-
nance the boundaries of the districts or the regulations herein established".
NOW, THEREFORE, THE FOI.J.DWING RECOMMENDATION IS SUBMITTED TO THE CITY COUNCIL
OF THE CITY OF NORTH RICHLAND HILLS BY THE PLANNING AND ZONING COMMISSION:
Case PZ 69-41
The Planning and Zoning Commission of the City of North Richland Hills met at 7:30
P.M. January 22, 1970 to hear and determine the application of ~~. Clint M. Smith
to rezone 15.739 acres, more or less, on the following described property from its
present classification of "One F-9 One Family Dwelling" to a proposed classification
of "Planned Development". SITUATED in Tarrant County, Texas, and being a tract of
land out of the W.i'l. 1~al1ace Survey, Abstract No. 1606, and being more particu1ar1.Y
described as fOllows:BEGINNING at the Northwest corner of Lot 10, in Block 20, of
Richland Terrace Addition to the City of North Richland Hills, Tarrant County,
Texas; THENCE South 0° 07' East 175.0 feet to a point in the South line of Jannetta
Drive; THENCE North 89° 53' East 60.0 feet to the Northwest corner of Lot 9, Block
21, of said Richland Terrace Addition; THENCE South 0° 07' East 236.0 feet to the"
Northwest corner of Lot 6, in said Block 21; THENCE South 3° 38' East 295.0 feet
to a point in the Hest line of Lot 3, in said Block 21; THENCE South 6 ° 00' East
159.6 feet to the Southwest corner of Lot 1, in said Block 21, said point being
in the North line of Naplewood Avenue; THENCE South 89° 25' ¡fest with the North
line of Ha.plewood Avenue, 719.5 feet to an iron rod for corner; THENCE North 28°
20' ¡vest 306.0 feet to an iron rod for corner; THENCE North 3 ° 46' East 604.8 feet
to an iron rod in the South line of Holiday Heights Addition to the City of North
Richland Hills, Tarrant County, Texas; THENCE South 89° 54' East with the South
line of said Holiday Heights Addition, 728.3 feet to the PLACE OF BEGINNING, and
containing 15.739 acres, more or less. This property is bounded on the South by
Maplewood Avenue and Jannetta. Drive on the North.
The Planning and Zoning Commission with the following members present, ~~. Ray
Porter, Chairman, ~æ. Clarence Pyron, Vice Chairman, ~~. John Sprott Jr., Secretary,
Mr. John Crawford, and Mr. James ¡valker, voted affirmative with Hr. John Crawford
abstaining, in favor of recommending approval of this zoning request as submitted.
The Planning and Zoning Commission, therefore, recommends the approval of the City
Council on Planning and Zoning Case PZ 69-41
APPROVED BY THE PLANNING AND ZONING CŒj}HSSION THIS 22nd day of January, 1970
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PLid\~nNG l'..ND ZONING C01nl[l~)3ION
RAY PORTER
3ECBETAHY, PLANNDJG AND ?'O'HNG COliIj.;I':;:-nON
JOHN SPROTT JR.
NO',;, TESRSF();E, BE IT IJHDAIN:m I3Y rm;; crn COUNCIL OF rHE CITY OF NOITrH
HICHLilTŒ HILLS, actinc in reGu,l ar3es3ion declare" that the recommendation of
the Planninc and 7,oninc Commission j'3 hereby PASSED AND APPHOVED nns 9th
day of February , 19õ9, upon first reading, with
7 COllncilmen present and 4 Councilmen voting yes and 3
Councilnen votinC no, and with the emergency clause added.
l'b~~
NAYOR Calvin F. Luper
CIrY OF NOHrH HIClILJiND HILLS
A'rrŒST:
APPROVED AS TO FO?J',j AND L~GALITY
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City Attorney
City of North Hichland Hills
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AREA CODE 817
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TEL.EPHONE 284-0202
CLINT M. SMITH
REAL ESTATE - INVESTMENTS - DEVELOPER
3701 LA8ADIE
F"ORTWCRTH,TEXAS 76118
pz 69-11/
JanUary 22, 1970
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To Whom It Þmy Concern;
This is to certify that I, Clint M. Smith, do hereby ælthorize
Delbert H. Montgomery to legally represent me and speak in by be-
half in the Zoning Case to be considered January 22, 1970.
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Clint H. Smith
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TO THE CITY COUNCIL OF 'NORTH RICHLAND HILLS TEXAS:
WE, the undersigned, property owners within 200 feet,
respectfully petition the City Council o~ the City of North·
Richland Hill s, 'fexas to approve the application of Clint
Smith Enterprises to rezone thel5.739 acres of land of the
W. W. Wallace Survey, from the present classification of IF9
Single Family to the proposed classification of "Planned
Development". .
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PROPERTY OWNED
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Richland Terr: Lots 11
of Blk. 19; Lots 7, 9,
of Blk. 20; Lots 3,i5,
7 of Blk. 35; Lot 3~of
41.
and 18
and 10
6, and
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(Clint Smith)
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Abst. 1606, Trk P and Q.
Abst. 1606,. Trk P and Q.
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Abst. 1606, Trk 13C.
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Rlchland Terr: Lot 1, BIk. 42.
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Rlchland Terr: Lot 2, BIk. 42.
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November 24, 1969
This would include "Vera Cruz Limited!!
and is all the property directly front-
ing the tract in question.
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Mr. C. R. Ballenger
Director of Public Works
City Hall
North Richland Hills, Texas
Dear Mr. Ballenger:
This letter will serve as our approval of Mr. Clint M.
Smith's request to re-zone 15.739 acres out of the W. W.
Wallace Survey.
It is our understanding that the present classification
is IF-9 One Family Dwelling and that the change will be
to Planned Development.
Sincerely,
CJW:jaw
ROPER TIES
·.;LØL-
ck Wilson
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2502 Mckinney · dallas, texas 75201
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January 22, 1970
TO THE CITY COUNCIL OF NORTH RICHLAND HILLS TEXAS:
WE, the undersigned, property owners Hithin 200 feet, '.
respectfully petition the City Council of the City of North
Richland Hills, Texas to approve the application of Clint
Smith Enterprises to rezone the 15.759 acres of land of the
W. W. Wallace Survey, from the present classification of IF9
Single Family to the proposed classification of "Planned
Development".
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GREETINGS: TO THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS
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We, the undersigned property owners who received
notice of the January 22, 1970 meeting, hereby oppose, by
their signatures, the request of Mr. Clint Smith to re-zone
a certain 15.739 acres out of a W. W. Wallace Survey from
IF-9 "One Family Dwelling" to "Planned Development".
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TO THE NORTH RICHLAND HII.LS PLANNING AND ZONING COMMISSION:
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Hy name is Beverly Cooper and as a homeowner on Cloyce Court, I
object to the rezoning request by Mr. Clint Smith of the 15.729 acres
out of the W. W. Wallace Survey.
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I regret that I cannot make my objections in person but I under-
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went surgery yesterda.y morning. Had I known beforehand that this meet-
ing would be scheduled for tonight, I would have made every effort to be
present, as I feel you commissioners should know the conditions under
which my neighbors si~1ed another homeowner's petition in favor of the
rezoning.
We ware approached by this particular individual and told that if
we didn't go for the apartments Mr. Smith had been accepted by FHA to
build government subsidized housing, stating he \-lould only be restricted
to a 1200 square foot mini!~ floor plan, a s~al1 percentage of brick
and that garages would not be required. This individual also noted that
if we didn't go along wi th !·~r. Smith I s plans, that T>1r. srni th could be
very difficult. In addition, h~ cited several statistics on how the
apartment project would benefit our community.
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in the Star-Telegram stated it was unusual for the homeowners to want
apartments. The article didn't say why the homeowners approved of it
but it Is obvious the attempt to pull the wool over their eyes was suc-
cessful and the Zoning Commission accepted it.
Another reason I object to the rezoning is the fact that over 1500
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acres (according to the Star Telegram) are already zoned for apartments
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and as yet are still undeveloped. I cannot see where there is a need
for any rezoning in our neighborhood to satisfy only one particular indi-
,tidwal. It would place a burden on our already over-crO\>tded Holiday
Heights Elemnetary school, which is currently using portable buildings
due to lack of space. It would create a traffic problem on streets that
are alx·cady in deplorable condition around us, as the only access to the
apartment cot<ìplex would ba from f\!aplewood.
After the postponement of tho first meeting by the Zoning Commis-
sion \1,-,...- I . 0uwt:J';i-~=-'---~, I feel the Com:"i'!issionors are well
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aware of the mood of the Richland Terrace homeowners and aware of our
opposition to the rezoning issue. We are being forced into making a
choice, which as of this date is in fact not really a choice at all, but
can only be considered blackmail. Bven the FHA stated it was a frame-up.
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spokesman. It would certainly be regretable and a blow for all of us
concerned to know that our City government would allow such incidents
to occur and knowingly approve of such underhanded tactics. It would
be a reflection on our community and give our government a reputation
of being "easy" in dealing with nonresidents and their demands.
Again, I am against the rezoning request.
Sincerely,
('Irs.) BeW'.rly Cooper
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LEGAL AFFIDAVIT
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ATTACH LEGAL
COPY HERE
THE STATE OF TEXAS:
COUNTY OF TARRANT:
Before me, the undersigned authority on this day personally
appearectF:1RRnnT' LAW; !'!known to me to be a credible person. who
first being sworn, deposed and upon her oath said:
Th t h . Btookkeeoer ftMid Cities Daily News
a s e IS :he . 0 tie , a newspaper
which has been regularly and continuously published and of general
circulatiOh -in the City/Town of
Hurst
, for a period of
more than one year next preceding the first publication of the
attached Legal Notice
and that he caused said notice to be
published in said newspaper on the following date/so 2/16/70
That the attached is a true and correct copy of said notice as pub-
lished on said date/s in said Mid Cities Daily News
çµ~/~/
Sworn to and subscribed before me, this th~n d day of~,
1970
x~x
Public,Tarrant County,
Texas
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',.', Nøwé THBREF'ORE, THE
,..:~NG RECOMMEN-
J,Û,M'ION IS SUBMITTED 1'0
:;'1'fŒ CI1'Y COUNCIL OF THE
..', å11'OF NORm. RICHLAND
.,....' ØlWBY TIiE PLANNING
:~l~. ZO~G COMMISSION:
,,' CaSe PZ...1.
t~. ., Plarming and Zoning
. CclìíunJssion of the City of
:.Nôr'th Richland Hills met at 7:
: *»P.M. January 22, 1'" to
:heI.r and determine the appIi-
,",eItIon ofMr.CliDt M. Smith to
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tej"ldrit,œtlf&ifø1ttAi1ts idescribèd
!~y from its present clas- NOW, THEREFORE, BE IT
~of "OM F-9 One ORDAINED BY THE CITY
:.:FåPü1, þweWng" to, a pro- COUNCIL OF THE CITY OF
'pofed ..classification of NORTH RICHLAND HILLS,
.'~ . J;)evelopnent". SIT- 'acting in regular session de-
tí~.in Ttrráht County, dares that the recommenda-
T"'; _ '~iDg a tract of " tion of the Planning and Zoning
-JaQri. out of ,theW; W. Wallace Commission is hereby
~eý, Atìstract NO. 1_, and PASSED AND APPROVED
~'.. inlIrepatticuJarty de- THIS 9th day of February,
..' .~: \ BliJGIN- 1969, upon first reading, with 7
'. .' at tilt: Northwest corner .'.. Councilmen present and 4
of;.Lot ¡',in BJoê;20, of Rièh- .; Councilmen voting yes and 3
J~~~tion to the' "Councilmen voting no, and
':Çíiof"'CIi1b~ }f¡JIß"with the emergency clause
.~.,~ '" .T~~;'added.
·~If'ffcímb\'degrees.. .,.
'þJiat.. m"'~ -s-Calvin F. Luper
'. '. . .... . ·..,DrWè·,,~·( MAYOR
;i:·.~ ""'. .....,'. ,;~!~ \~'CITY OF NORTH RICHLAND
'. ..... .,~to'. NWUntéåt, HILLS
',~'öi Lót:,.;71Îoet '21, öf ,.
'....i .RlébJáÐd: Tettaèe'Addi- : ATTEST:
.' .U~}THENêE"~ 0 ~ '-s-Evalyn R. Huston
.-r~'Eaãt238.0f.to the Not· City Secretary
Jh" comer ot..toct· I, in said City of North Richland Hills
~21;' THI:NCE South 3
~'38;East _.0 feet tó.9:t
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',¡IIGÀL NOnCES
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~.. ORDINANCE, NO. 296
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ANi' . . ORDINANCE COM·
PLYING' . WIm ARTIC~
œx . CHANGES AND
···~l~~ci
.O~tNANCE OF THE.' CITY
...öF.!· ". NORTH . RICHLAND
¡, íni:, "'T~uiD ÁSSEI>
;i~~~
,:..;B-Y:,THE PLANNING AND
,': zotnN'GCOMMISSlON AND
'.' ". CITY COUNCIL OF THE
. .,CI1'Y OF NORm RICHLAND
.:;'HItJ,.s,NOVEMBER 13, 1967
.~.A.$>,:D~RING AN EMER-
aINCY.
:JSec~l.()(t11e Ordinance No.
'. .. i79~ø fOllows:
"'1be "'gO\'erniDg body may
. froí.n~ to time amend, sup.
. '. ¡ilePteot or change by ordi-
< Dâdêe the bouDdari~ of - the
;~or' the regulations
hertùí established".
point in the West line of Lot 3,
in said Block 21; THENCE
South 6 degrees 00' East 159.6
feet to the Southwest corner of
Lot 1, in said Block 21, said
point being in the North line of
Maplewood Avenue; THENCE
South 89 degrees 25' West with
the North line of Maplewood
. Avenue, 719.5 feet to an iron
rod for corner; THENCE
North 28 degrees 20' West 306.0
feet to an iron rod for corner;
THENCE North 3 degrees 46'
East 604.8 feet to an iron rod in
the South line of Holiday
Heights Addition to the City of
North Richland Hills, Tarrant
County, Texas; THENCE
South 89 degrees 54' East with
the South line of said Holiday
Heights Addition, 728.3 feet to
the PLACE OF BEGINNING,
and containing 15.739 acres,
more or less. This property is
bounded on the South by Ma-
plewood Avenue and Jannetta
Drive on the North.
The Planning and Zoning
Commission with the following
members present, Mr. Ray
Porter, Chairman, Mr. Clar-
ence Pyron, Vice Chairman,
Mr. John Sprott Jr., Secretary,
Mr. John Crawford, and Mr.
James Walker, voted affirma-
tive with Mr. John Crawford
abstaining, in favor of recom·
mending approval of this zon-
ing request as submitted" The
Planning and Zoning Commis·
sion, therefore, recommends
the approval of the City Coun-
cil on Planning and Zoning
Case PZ 69-41.
APPROVED BY THE PLAN-
NING AND ZONING COMMIS-
SION THIS 22nd day of Janu-
ary, 1970
CHAIRMAN,
PLANNING AND ZONING
COMMISSION
RAY PORTER
SECRETARY,
PLANNING AND ZONING
COMMISSION
JOHN SPROTT JR.
APPROVED AS TO FORM
AND LEGALITY
-s-Dennis Morrow á1-~ t./1 "
City Attorney IÞ Q0-,;JJ
City of North Richland Hills