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HomeMy WebLinkAboutOrdinance 3402 ORDINANCE NO. 3402 ZONING CASE ZC 2016-04 AN ORDINANCE 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 A 4.55 ACRE TRACT OF PROPERTY LOCATED AT 7800 MOCKINGBIRD LANE FROM C-2 (COMMERCIAL) TO NR-PD (NON-RESIDENTIAL PLANNED DEVELOPMENT) ZONING; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; 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 Zoning Ordinance of the City of North Richland Hills requires the issuance of a Special Use Permit or the approval of a Planned Development if the intended use is a self-storage facility; and WHEREAS, the owner of the property containing approximately 4.55 acres of land more fully described in Exhibit "A" attached hereto, located at 7800 Mockingbird Lane (the "Property") has filed an application to rezone the Property from its present classification of C-2 (Commercial) to NR-PD (Non-Residential Planned Development) to allow for a self-storage facility on the Property; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on March 17, 2016, and the City Council of the City of North Richland Hills, Texas, held a public hearing on April 11, 2016 with respect to the zoning change described herein; and 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 the rezoning of the Property; and Ordinance No. 3402 Page 1 of 4 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 CITYOF 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 non-residential planned development in accordance with modified standards as provided herein on a 4.55 acre tract of land within the W. W. Wallace Survey, Abstract No. 1606, Tarrant County, Texas, commonly referred to as 7800 Mockingbird Lane and more specifically described by metes and bounds 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 approve the non-residential planned development in accordance with the requirements of Exhibit "B", the Nonresidential Planned Development (NR- PD) District Land Use and Development Regulations, attached hereto and incorporated for all purposes, and the Exhibit "C", the Site Plan, attached hereto and incorporated for all purposes, which are each respectively approved. Section 3: That the official zoning map of the City of North Richland Hills is amended and the Planning Manager is directed to revise the official zoning map to reflect the approved Non-Residential Planned Development, as set forth above. Section 4: The use of the Property described above shall be subject to the restrictions, terms and conditions set forth in the PD District Land Use and Development Regulations and the Site Plan attached as Exhibits "B" and "C". Unless otherwise provided in Exhibits "B" and "C", the Property shall be governed by all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. 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. 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 Ordinance No. 3402 Page 2 of 4 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 after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 11th day of April, 2016. CITY OF •R - CHLAND HILLS 0111Th Oscar Trevino, Mayor Ordinance No. 3402 Page 3 of 4 \\\\111111111111/////////I,� �� ��CH� ATTEST: ,o .j.. .!lid off: n Alicia Richardson, City SecrVa r... APPROVED,AS TO FORM AND LEGALITY: f _ 1 J , ara Leahy Whit-, Assistant"Ci y ∎ttorney Ordinance No. 3402 Page 4 of 4 OWNER'S CERTIFICATE STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS Davis/Mockingbird NRH, LTD,is the owner of a 4.552 acre tract of land situated in the W.W. Wallace Survey,Abstract No.1606,Tarrant County,Texas;said tract being part of Lot 1, Block 2, Red Gate Addition an addition to the City of North Richland Hills,Texas according to the plat recorded in Volume 388-208, Page 66 of the Plat Records of Tarrant County,Texas;said tract also being the same tract of land described General Warranty Deed daged March 28,2013 by City Bank to Davis/Mockingbird NRH, LTD recorded in Instrument No.D213078635 of the Official Public Records of Tarrant County,Texas;said 4.552 acre tract being more particularly described as follows: BEGINNING,at a I/2-inch steel rod found in the easterly right-of-way line of Davis Boulevard, F.M. 1938(a 120 foot wide right-of-way);said point being the most northerly southwest corner of said. Lot 1, Block 2 and also being the northwest corner of Lot 2, Block 2 of said Red Gate Addition; THENCE, North 11°10'22"East(North 11°45'00"East, plat)along the said easterly line of Davis Boulevard,a west line of said Lot 1, Block 2 and a west line of said Tract II,a distance of 231.46(231.42, plat)feet to a 5/8-inch steel rod found at the northwest corner of said Lot 1, Block 2 and said Tract II;said point also being the southwest corner of Lot 1, Block 1, Red Gate Addition,an addition to the City Richland Hills,Texas according to the plat recorded in Volume 388-141,Page 96 of the said Plat Records; THENCE,North 89°07'39"East(North 89°43'00"East, plat)departing the said easterly line of Davis Boulevard,said west line of Lot 1, Block 2 and said west line of Tract II and along a north line of said Lot 1, Block 2,a north line of said Tract II and the south line of said Lot 1,Block 1,at a distance of 183.93 feet passing a 5/8-inch steel rod found at the southeast corner of said Lot 1, Block 1 and at the intersection of the south right-of-way line and the west right-of-way line of a 15-foot wide alley as shown on the plat of Fountain Ridge,an addition to the City of North Richland Hills,Texas recorded in Cabinet A,Slide 8447 of the said Plat Records,then continuing along the said north line of Lot 1, Block 2,said north line of Tract II and the south right-of-way of said alley,a total distance of 342.17(342.30,deed)feet to an angle point; THENCE,North 89°58'56"East(South 89°25'43"East,deed)continuing along the said north line of Lot 1, Block 2,said north line of Tract II and the south right-of-way line of said alley, passing at a distance of 250.19 (250.29,deed)feet to a 5/8-inch steel rod with"POGUE ENG&DEV"cap found at the northeast corner of said Tract II,than continuing for a total distance of 307.52 feet to a 5/8 inch steel rod with"TERRACORP" cap set;said point also being the northeast corner of said Lot 1, Block 2 and the northernmost corner of that certain tract of land described as Parcel 3 in Special Warranty Deed, Quitclaim&Agreement to BKKS Holdings, LLC recorded in Instrument D203438321 of the said Deed Records; THENCE,departing the said north line of Lot 1, Block 2 and the south right-of-way line of said alley and along the westerly line of said Parcel 3,the following two(2)calls: South 15°43'13"West(South 16°27'59"West,deed)a distance of 208.60(208.92,deed)feet to a 1/2-inch steel rod with"Landes&Assoc"cap found at an angle point; South 02°23'39"West(South 02°51'52"West,deed)a distance of 98.71 (98.29,deed)feet to a 1/2-inch steel rod with"Landes&Assoc"cap found for corner;said point also being the northeast corner of that certain tract of land described as Parcel 2 in the said Special Warranty Deed,Quitclaim&Agreement to BKKS Holdings,LLC; THENCE,South 89°34'31"West(South 89°45'12"West,deed)departing the said westerly line of Parcel 3 and along the north line of said Parcel 2,a distance of 32.11 (31.81,deed)feet to a 1/2-inch steel rod with"Landes &Assoc"cap found for corner in the said east line of Rhett Realty Investors tract;said point also being the northwest corner of said Parcel 2; THENCE,South 06°44'01"West(South 07°20'48"West,deed)along the common line between said Tract II and said BKKS Holdings tract, a total distance of 313.19(313.24,deed)feet to a 5/8-inch steel rod with "POGUE ENG&DEV"cap found in the northerly right-of-way line of Mockingbird Lane(a variable width right-of-way)and in the south line of said Lot 1, Block 2;said point being the southeast corner of said Tract II and the southwest corner of said Parcel 2;said point also being on a curve concave to the Northwest; THENCE,departing the said common line between Tract II and BKKS Holdings tract and along the said northerly line of Mockingbird Lane,said south line of Lot 1, Block 2 and south line of said Tract II,the following two(2)calls: In a westerly direction, along said curve,having a central angle of 06°58'13", a radius of 885.35 feet,a chord bearing and distance of South 80°54'34"West, 107.64 feet,an arc distance of 107.71 feet to 5/8-inch steel rod with"Pogue Eng&Dev"cap found at the end of said curve; South 84°19'49"West(South 84°57'00"West,plat)a distance of 369.55(369.64,deed)feet to a 3/8-inch steel rod found at the most southerly southwest corner of said Lot 1,Block 2;said point also being the southeast corner of said Lot 2, Block 2; THENCE,departing the said northerly line of Mockingbird Lane,said south line of Lot 1, Block 2 and said south line of Tract II and along the common line between said Lots 1 and 2,Block 2,the following two(2)cells: North 11°24'17"East, (North 11° 59'31"East,deed)a distance of 150.22(150.06,deed)feet to a 1/2-inch steel rod found for re entrant corner of said Lot 1, Block 2;said point also being the northeast corner of said Lot 2, Block 2; South 84°29'18"West, (South 85°06'27"West,deed)a distance of 156.83(156.72,deed)feet to the POINT OF BEGINNING and containing, 198,305 square feet or 4.552 acres of land,more or less EXHIBIT B Nonresidential Planned Development (NR-PD) District Land Use and Development Regulations Lot 1A1, Block 2, Red Gate Addition North Richland Hills,Texas This Nonresidential Planned Development (NR-PD) District shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and adopt a base district of C-2 Commercial. The following regulations shall be specific to this NR-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 Special Land Uses. Uses in this PD shall be limited to the following: 1. Self-storage facility of 606 units or less. 2. Detention Pond. A detention pond may be installed on the site. The pond must be constructed as an underground facility, subject to approval by the City Engineer. The standards of Section 118-729 of the Zoning Chapter of the Code of Ordinances do not apply if the pond is constructed as an underground facility. B. Development Regulations. Development of this property must comply with the following standards and the Site Plan attached as Exhibit C. 1. Development Standards. Development of the property must comply with the development standards of the C-2 Commercial zoning district. 2. Building Design and Materials. The building design must comply with the building elevations attached as Exhibit C and the following standards for exterior building materials. a. Building A: Metal is prohibited as a material on the west, north, and south elevations of the building.The east elevation may include R-panel metal cladding as a permitted material. b. Building B: On the north elevation of the building, the wall areas and the columns between overhead doors must be faced with brick, stone, or stucco. The east, west, and south elevations of the building may include R-panel metal cladding as a permitted material. c. Building C: Metal is prohibited as a material on the south, east, and west elevations of the building. The north elevation may include R-panel metal cladding as a permitted material. d. Neon or LED trim lighting shall be prohibited on any portion of any building. 3. Landscaping. All landscaping and buffering standards must comply with the Landscape Plan attached as Exhibit C and Chapter 114 of the North Richland Hills Code of Ordinances, except as modified below: a. At least eighteen percent (18%) of the lot area must be maintained as a landscaped area. b. Landscaping is not required in the parking lot internal to the site. 4. Signs. All signage on the site and buildings must comply with Chapter 106 of the North Richland Hills Code of Ordinances. a. Neon or LED trim lighting shall be prohibited on any portion of any sign. 5. Administrative Approval of Site Plans. Site plans that comply with all development-related ordinances and this Ordinance may be administratively approved by the Development Review Committee. 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A / a /N _ 3 ` IL ''> a I W qp§- gi b Zm 1543' o 13+ I \ — — o ,r 10$, — �Am a J akl r, a °m m-o anx my 28.6p�-_` \ oao 85301 N4 s■ O b cin x x tt y m M1.� N I (n O •I 7 .W M x ' p b z mg RICHMOND GROUP PREMIER STORAGE INVESTORS PREMIER SELF-STORAGE �, y = p o N , < 3075 E.THOUSAND OAKS BLVD. ^' %a 1 *ARCHITECTURE& PLANNING'z n m m ; Z � $ SUITE 22 FACILITY r o „I m O j } _ 12200 SIEMMONS FREEWAY,STE.317,DALLAS,TEXAS 75234 0 ^ 3 Z - ¢ PHONE:972.484.5977-FAX:972.484.8641-RCIRC-ARCH,COM WESTLAKE VILLAGE,CA 91362 I 5800 DAVIS BLVD CO ~ r it,I NORTI:I RICHLAND BILLS, TX 76180 An O liii CITY OF North Richland Hills Ordinance No. 3402 An Ordinance 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 a 4.55 acre tract of property located at 7800 Mockingbird Lane from C -2 (Commercial) to NR -PD (Non- Residential Planned Development) zoning; providing that this ordi- nance shall be cumulative of all ordinances; providing a severability clause; providing a penalty for violations hereof; providing a sav- ings clause; providing for publica- tion; and providing an effective I date. 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 con- stitute a separate violation and punishable hereunder. Passed and Approved on this 11th day of April, 2016. /s /Oscar Trevino Oscar Trevino - Mayor ATTEST: 1 /s /Alicia Richardson Alicia Richardson - City Secretary APPROVED AS TO FORM AND LEGALITY: /s /Cara Leahy White Cara Leahy White - Assistant City Attorney INVOICE Star - Telegram Customer ID: 01'13 808 Throckmorton St. Invoice Number: 337507761 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 4/15/2016 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 4/30/2016 Bill To: PO Number: CITY OF NORTH RICHLAND HILLS /SE Po BOX 820609 Order Number: 33750776 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: City of North Richlan Attn: STACEY HARRISON Publication Dates: 4/14/2016 - 4/15/2016 I Description Location Col Depth Linage MU Rate Amount I City of North Richland Hills I3580 1 45 45 LINE $0.80 $72.00 Net Amount: $72.00 "Y :k DEBORAH JEAN BAYLOR _° ' '; (si Notary Public, State of Texas a;. . , My Commission Expires &F' October 29, 2019 County of Tarrant '' ,,,, , , Before me, a Notary Public in and for said County and State, this day personalty appeared Christy 9foltand, Bids & Legal 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 advertisement was published in the above named paper on the listed dates: BIDS er' LPGALS DEPT Star - Telegram. (t SUBSCRIBED AND SWOV TO BEFORE ME, THIS DAY OF April t q 2016 / w S /, ' / / (44i7C) Signed / L ` , - 1 .. A. r, e I i b, ail �(OTAI�}'PZIBLIC �• 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: 337507761 Invoice Amount: $72.00 PO Number: Amount Enclosed: $ I PAGE: 1 R E C E I V I N G R E P O R T RECEI PT NO. : 281787 SHI P TO: P. O. NO. : 160373 CENTRAL Fl LI NG DATE: 4/ 28/ 11 VENDOR: STAR- TELEGRAM VENDOR NO. ADVERTI SEMENTS 593 400 W SEVENTH STREET FORT VWORTH TX 76102 DELI VER BY SHI P VI A F. O. B. 1 0/ 31 / 1 5 DESTI NATI ON CONFI RM BY CONFI RM TO REQUI SI TI ONED BY PAMELA CRUZ DPASCHALL F RE I GHT CONTRACT NO. REQ. NO. REQ. DATE 4/ 28/ 1 6 LI NE QUANTI TY NO. RECEI VED UOM I TEM NO. AND DESCRI PTI ON UNI T COST EXTENDED COST 60 1. 00 EA 918 07 46.4000 46.40 CONSULTI NG SERVI CES ADVERTI SI NG SERVI CES I NVOI CE #337430381 NOTI CE OF PUBLI C AUCTI ON Acct / Pr of : 001 2501 514541 0 61 1.00 EA 918 07 37.6000 37.60 CONSULTI NG SERVI CES ADVERTI SI NG SERVI CES I NVOI CE #337484711 ZC2016- 05, ZC2016- 01, RP201 6- 02 Acct / Pr of : 0012501 514541 0 62 1. 00 EA 918 07 70.4000 70.40 CONSULTI NG SERVI CES ADVERTI SI NG SERVI CES I NVOI CE #337507741 ORD. 3400 Acct / Pr of : 0012501 514541 0 63 1.00 EA 918 07 67. 2000 67.20 CONSULTI NG SERVI CES ADVERTI SI NG SERVI CES I NVOI CE #337507751 ORD. 340/ Acct / Pr of : 001 2501 514541 0 64 1. 00 EA 918 07 72.0000 72.00 CONSULTI N RVI CES ADVERTI SI NG SRVI ES I NVOI CE # 7507761 ORD. 3402 ST VI / Pr of : 0012501 514541 0 65 1. 00 EA 918 07 68.8000 68.80 CONSULTI NG SERVI CES ADVERTI SI NG SERVI CES I NVOI CE #337507771 ORD. 3403 Acct / Pr of : 00125015145410 TOTAL EXTENDED COST: 362. 40