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HomeMy WebLinkAboutOrdinance 3214ORDINANCE NO. 3214 ZONING CASE ZC 2012 -09 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 3.11 ACRE TRACT OF PROPERTY A RD -PD (REDEVELOPMENT PLANNED DEVELOPMENT) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 3.11 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A as a Redevelopment Planned Development (RD -PD) zoning district and approving the PD regulations and Concept Plan attached as Exhibits B and C respectively. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Ordinance No. 3214 Page 1 of 9 Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 13th day of August, 2012. CITY 01 NORT ICHLAND HILLS .�``\ o � o\ua � tm � uUiUUU ° ugii By ?• Oscar trio, Mayor •.ti �► E sT - Path &"H s amity Secretary �nEUUhl I I :nn APPRO S TO FORM AND LEGALITY: George A. Staples, ity Attorney APPROVED AS TO CONTENT: �I John Pitstick, Planning & Development Director Ordinance No. 3214 Page 2 of 9 EXHIBIT A LEGAL DESCRIPTION David W. Myers, R.P.LS., LS.L.S. John W. Morgan, R.P.LS. Moak SQ z ' ors, Inc. licensed Stat a � d Registered Professional Land Surveyors Texas • New Mexico • Arizona • Nevada • Topography • Forensic Survey • Land Title Surveys • Any Size Boundaries • Construction Staking • Platting/Land Planning FIEL NOTE DESCRIP •; PROPOSED LOTS • , ALL that certain tract or parcel of land situated in the W. W. WALLACE SURVEY, ABSTRACT NO. 1606, Tarrant County, Texas and being a portion of Lot 1 -R, Block 25, SNOW HEIGHTS ADDITION, an Addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Volume 388 -208, Page 89, Plat Records, Tarrant County, Texas and a portion of Lot 2, Block 25, SNOW HEIGHTS ADDITION to the City of North Richland Hills, Tarrant County, Texas as recorded in Volume 388 -130, Page 55 of said Plat Records and also a portion of a tract described in Deed to the City of North Richland Hills as recorded in Volume 3907, Page 574 of the Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch capped steel rod stamped "MOAK SURV INC" set for the southeast corner of said Lot 1 -R, also being the southwest comer of Lot 3 of said Block 25, SNOW HEIGHTS ADDITION, (Vol. 388 -208, Pg. 89); THENCE North 89 degrees 38 minutes 30 seconds West with the southerly boundary line of said Block 25, 632.60 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set for the southwest corner of proposed Lot 1 -R -1 of said Block 25, also being the PLACE OF BEGINNING of the herein described tract; THENCE North 89 degrees 38 minutes 30 seconds West with the southerly boundary line of said Block 25, 520.99 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set for the southwest corner of proposed Lot 2 -R of said Block 25, also being in the easterly right -of -way line of Rufe Snow Drive; Thence North 01 degrees 04 minutes 16 seconds East with said easterly right -of -way line, at 54.86 feet passing the southerly southeast corner of a tract described in Deed to the State Of Texas as recorded in Document No. D202192276 and Volume 15816, Page 136 of the Deed Records, Tarrant County, Texas and continuing with said easterly right - of -way line, in all 205.88 feet to a 4 inch brass disc stamped "TXDOT" found in the southerly right -of -way line of Interstate Highway Loop 820; Job no. 11 -051 1105 Cheek Sparger Road • Coffeyville, Texas 760344152 • www.meeksamyors.com -Metro $17-268-2211 • Fas817- 282-0401 Member Texas Society d Professional Surveyors &Amencan Congress on Surveying and Mapping Ordinance No. 3214 Page 3 of 9 Moak Srt ors, Inc. Licensed Stat s d Registered Professional Land Surveyors Texas • New Mexico • Arizona • Nevada • Topography • Forensic Survey David W. Myers, R.P.L.S., LS.L.S. • Land Title Surveys John W. Morgan, R.P.LS. • Any Size Boundaries • Construction Staking • Platting/Land Planning THENCE with said southerly right -of -way line and said State Of Texas tract as follows: North 45 degrees 14 minutes 55 seconds East, 54.27 feet to a 4 inch brass disc stamped "TXDOT" found; North 87 degrees 45 minutes 27 seconds East, 147.55 feet to a 4 inch brass disc stamped "TXDOT" found; North 83 degrees 18 minutes 34 seconds East, 10.97 feet to a 1/2 inch steel rod found in the westerly boundary line of said Lot 1 -R, also being the southwest corner of a proposed unrecorded right -of -way description to the State Of Texas for the southerly right -of -way line of Interstate Highway Loop 820; THENCE with said proposed southerly right -of -way line as follows: North 83 degrees 16 minutes 14 seconds East with said proposed right -of -way line, 284.78 feet to a pk nail found for the beginning of a curve to the right, from which the center bears South 03 degrees 02 minutes 00 seconds East, at 5233.85 feet; Northeasterly continuing with said proposed right -of -way line and with said curve to the right, having an arc length of 37.32 feet, a central angle of 00 degrees 24 minutes 31 seconds and chord bearing of North 87 degrees 10 minutes 15 seconds East, at 37.32 feet to a pk nail set for the northeast comer of said proposed Lot 4; Thence South 00 degrees 01 minutes 57 seconds East with the proposed westerly boundary line of said proposed Lot 1 -R -1, 289.57 feet the PLACE OF BEGINNING and containing 3.1095 acres of land, more or less as surveyed by Moak Surveyors, Inc.. Job no. 11 -051 1105 Check Sparger Road • ColleyvDle, Texas 760344152 • www.mookswwyers.com • Metro 817 - 268 -2211 •Fax817- 282.001 Member Texas Society of Professional Surveyors &Amencan Congress on Surveying and Mapping Ordinance No. 3214 Page 4 of 9 EXHIBIT B Redevelopment Planned Development (RD -PD) District Land Use and Development Regulations for Lots 2R, 4 & 5, Block 25, Snow Heights Addition North Richland Hills, Texas This Redevelopment Planned Development (RD -PD) District shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and adopt a "base district" of "CS" Community Service District. The following regulations shall be specific to this RD -PD District. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction shall prevail. I. ZONING A. Permitted Land Uses. Uses in this RD -PD shall be limited to the following: 1. Restaurant, including dine -in, drive - through, and take out restaurants. B. Development Regulations. This RD -PD shall follow the development regulations of the "CS" Community Service District, with the following additions and exceptions: 1. Screening Wall. A masonry screen wall which meets the standards described in the Public Works Design Manual shall be required along all property lines of the District which abut developed, residentially -zoned properties. Said wall shall share the common lot line with adjacent residential properties where feasible. Said wall shall be a double- sided, decorative concrete wall appearing to be constructed of Lueders Limestone applied in an ashlar masonry pattern. Columns shall be 20" by 20" and wall panels shall be twelve foot (12') wide, eight foot (8') tall and 4Y2" thick. 2. Applicability of Architectural Requirements. Unless otherwise noted in this Ordinance, Section 118 -692 of the Zoning Ordinance of North Richland Hills shall apply to all fagades of all buildings in the District, regardless of building size or fagade orientation. 3. Building Material Limitations. Tinted and /or textured split -face concrete masonry units shall be limited to a maximum of twenty percent (20 %) of each fagade area. The use of smooth -faced concrete masonry units and exposed tilt -up concrete panels not adorned or veneered with a combination of brick or stone at least 1 inch in thickness shall be prohibited. 4. Alternative Building Material Allowances. Reinforced EIFS (Exterior Insulation Finishing System) shall be permitted a maximum of fifteen percent (15 %) of each Ordinance No. 3214 Page 5 of 9 fagade area. No such area may encroach closer than eight feet (8') from the adjacent grade level. 5. Dumpster Enclosures. Dumpster enclosures shall be constructed with a brick, stone or alternating bands of tinted and /or textured split -face concrete masonry unit (CMU) with mudded joints and shall be equipped with solid metal gates to be closed at all times, except during loading and unloading of refuse. 6. Lighting. The following lighting standards shall be required in this RD -PD District: a. Light Poles. All poles used for the support of lights or luminaires shall be metal and of a neutral color tone. b. Shielded Light Source Required. Permitted Prohibited All luminaires located in this District '- - shall be designed so that the light source (bulb or lamp) is completely Typ al'Swe boa Future' \ TyPrcal'%WW[ Pack Fu e shielded from direct view of at a point three feet (3') above grade on the southern lot line. Opaque Fedector (lamprcsieel Typrcal'Bam Light' In all other instances, the light source must be completely shielded - from direct view of at a point six ` feet (6') above grade on the lot line. 1 Area Flood Ugh Area Rood Ughtwnh Hoodr+h If See illustration (right) for examples. b. Light Trespass Limitation. All luminaires located in this District shall be designed or positioned so that the maximum illumination at the southern property line shall not exceed one - quarter (1/4) foot - candle and shall not exceed one -half (1/2) foot - candle to the pavement of Rufe Snow Drive or Interstate Loop 820. C. Parking Lot and Internal Drive Lighting. Any open area used for motor vehicle parking, storage or access may be illuminated with freestanding luminaires. Said luminaires are permitted to be a maximum of thirty feet (30') in height, except luminaires located within one hundred feet (100') of the southern property line shall be a maximum of twenty feet (20'). r Sign Illumination. Externally illuminated signs, advertising displays, building identification, and monument signs shall use top mounted light fixtures Ordinance No. 3214 Page 6 of 9 which shine light downward and which are fully shielded or upward with pin- pointed light which are fully shielded. e. Building Illumination. Building facades and architectural features of buildings may be floodlighted when the following conditions are met: 1) Floodlight fixtures are equipped with shields and are located so as to limit the fixture's direct light distribution to the fagade or feature being illuminated; 2) The configuration of the floodlight installation shall block all view to the floodlight fixture's lamps from adjacent properties; and 3) The maximum luminance of any floodlighted surface does not exceed the foot - candles specified in the Illuminating Engineering Society of North America Lighting Handbook for floodlighting surfaces. f. Light Temperature and Color Rendition. Parking Lot and internal drive luminaires shall have a temperature between 3,500 and 5,000 degrees and a color rendering index of 70 or greater. g. Prohibited Lights. The following light fixtures and luminaires shall be prohibited in this District: 1) "Cobra head" type lighting fixtures having dished or "drop" lenses or refractors; 2) Flickering or flashing lights; and 3) High pressure sodium lights. 7. Administrative Approval of Site Plans. Site plans which comply with all development - related ordinances and this Ordinance, and which meet the conceptual district layout attached hereto and included herein as Exhibit A, "Concept Plan," shall be administratively approved by the staff Development Review Committee. Significant deviations from the Concept Plan, as determined by the City Manager or his /her designee, shall require City Council approval of a revision to this Nonresidential Planned Development. II. LANDSCAPING C. Unless otherwise provided below, all landscaping shall conform to Chapter 114 of the North Richland Hills Code of Ordinances. Ordinance No. 3214 Page 7 of 9 D. Loop 820 Buffer Yard Regulations. The fifteen foot (15') landscape buffer along Interstate Loop 820 and Rufe Snow Drive shall contain the following plant material per fifty (50) linear feet of buffer area, excluding area for access driveways: 1. One (1) Bur Oak (Quercus macrocarpa) tree, minimum three inch (3 ") caliper and minimum ten feet (10') tall at planting. Trees should be spaced on fifty foot (50') centers and five feet (5') from the property line. 2. Fifteen (15) Switch Grass 'Heavy Metal' (Panicum virgatum 'Heavy Metal') shrubs. Shrubs should be spaced on 36 inch centers and set back twelve feet (12') from the property line. 3. One (1) masonry monument that meets the _. dimensions provided to right. Monuments, shall be spaced fifty feet (50') on center, set back ten feet (10') from the property line and shall meet the general placement as shown on I1`' the Concept Plan.'' E. Residential Buffer Yard Regulations. The fifteen foot (15') landscape buffer along the southern property boundary of the District shall contain the following plant material per thirty (30) linear feet of buffer area: 1. Minimum of one (1) evergreen tree, minimum three inch (3 ") caliper and ten feet (10') tall at planting to meet the Large Tree requirement of Section 114- 72(c)(2). 2. Minimum of eight (8) five gallon Gulf Stream Nandina ( Nandina Domestica 'Gulf Stream') shrubs. 3. Minimum of ten (10) three gallon Mexican Feather Grass (Nassella tenussim) grass shrubs. III. SIGNS A. All signs in this District — including pole /pylon signs, monument signs, permanent signs, temporary signs, menu -board signs, internal wayfinding sings, etc. —shall conform to Chapter 106 of the North Richland Hills Code of Ordinances. Ordinance No. 3214 Page 8 of 9 EXHIBIT C CONCEPT PLAN — e- - -WW AY 0 3 Z V) W LL d' I I I 1 CORONA DR. 1 � i axu[ ur. 1 I 't %It NSiUN 1 I 1 I I I I II - -� w -- -- I - -� �- - -- V I I I 1 W I a: I I I J Ordinance No. 3214 Page 9 of 9 INVOICE Star - Telegram Customer ID CIT13 808 Throckmorton St. Invoice Number: 322937911 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 9/28/2012 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 9/30/2012 Bill To: CITY OF NORTH RICHLAND HILLS /SE PO Number: PO BOX 820609 Order Number: 32293791 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI Attn: STACEY HARRISON Publication Dates: 9/27/2012 - 9/28/2012 Location Col Depth Linage MU Rate Amount NORTH RICHLAND HILLS CITY OF N ORDINANCE NO. 3214 I3580 1 37 37 LINE $6.13 $453.44 An ordinance amending the Com- prehensive Plan and the Compre- hensive Zoning Ordinance of the Sales Discos City of North Richland Hills; ($410.16) amending the zoning map of the City of North Richland Hills, Texas, Misc Fee and rezoning a 3.11 acre tract of property a RD -PD (Redevelopment $10.00 Planned Development) zoning; es- tablishing a penalty; providing for publication; and providing an ef- fective date. Any person, firm or corporation violating any provision of the Net Amount $53.28 Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thou- sand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Passed and Approved on this 13th �r!`• • Pe'% day of August, 2012. CHRISTY LYNNE HOLLAND o,• ,s /s /Oscar Trevino Notary PUbIIC, State Of T @XOS Oscar Trevino Mayor° 'yam My Commission Expires ATTEST: /s /Patricia Hutson �a��e �F }:,, July 31, 2016 a,,,,,.� THE STATE Patricia Hutson - City Secretary Court Of T APPROVED AS TO FORM AND County LEGALITY: /s /George taples Before me, George Staples -city Attorney _ 'unty and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, Octo er 2012. Notary Public r Thank You For Your Payment Remit To : Star - Telegram Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101 -2051 Invoice Number: 322937911 Invoice Amount: $53.28 PO Number: Amount Enclosed: