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HomeMy WebLinkAboutOrdinance 3399 DENIED ORDINANCE NO. 3399 SDP 2016 -01 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY APPROVING A SPECIAL DEVELOPMENT PLAN WITHIN THE TRANSIT ORIENTED DISTRICT FOR IRON HORSE COMMONS ON APPROXIMATELY 27.842 ACRES IN THE 6400 AND 6500 BLOCKS OF IRON HORSE BOULEVARD; ESTABLISHING A PENALTY; 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, Comprehensive Plan and the Zoning Ordinance of the City Of North Richland Hills require a Special Development Plan (SDP) within the Iron Horse Transit Oriented Development Zoning District (TOD). WHEREAS, the owner of the property located in the 6400 and 6500 blocks of Iron Horse Boulevard has filed an application for a SDP; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within two hundred (200) feet of the property herein described at least ten (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 fifteen (15) days before such hearing; and, WHEREAS, public hearings concerning the request from OCH Development, L.L.C., for a SDP were held before both the Planning and Zoning Commission and the City Council; and WHEREAS the Planning and Zoning Commission made a recommendation concerning the SDP, which includes specific waivers to the Transit Oriented Development Code (TOD); and, Ordinance No. 3399 Page 1 of 3 DENIED WHEREAS, the City Council finds that the SDP and waivers to the TOD are made in accordance with the Comprehensive Plan and Zoning Ordinance of the City of North Richland Hills for the purposes provided in Texas Local Government Code Ch. 211; and, WHEREAS, the City Council has evaluated the SDP in accordance with the TOD and is of the opinion that the SDP herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and promotes the health and general welfare 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 recitals above are true and correct and made a part of this Ordinance for the purposes provided herein. Section 2: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by approving the request for a Special Development Plan for Iron Horse Commons on approximately 27.842 acres in the 6400 and 6500 blocks of Iron Horse Boulevard as described in Exhibit A and Exhibit B, which are attached hereto, including the specific waivers to the Transit Oriented Development Code as listed below: 1. Buildings required to front a street. Up to twelve (12) units may back Browning Drive pursuant to the Concept Plan attached hereto as Exhibit B. 2. Mixed Use Criteria of the Iron Horse General Mixed Use Character Zone. Live /work units shall be provided along Iron Horse south of Browning. All other units may be residential. 3. Open Space Distribution. Approving the open space as shown on the Concept Plan attached hereto as Exhibit B. 4. Iron Horse On- Street Parking along the TOD Boulevard. Approving the allowance of on- street parking along Iron Horse Boulevard in the area of this development. The specific design shall be determined through separate consideration of a master plan for Iron Horse Boulevard. 5. Internal Street Designs. Approving flexibility to design a street with pavement width between 27 feet and 38 feet back -to -back. Ordinance No. 3399 Page 2 of 3 DENIED 6. Thirty percent (30 %) facade opening. Approving all side - street facades at twenty percent (20 %) window and door openings, with the condition that thirty -five percent (35 %) of all front facades shall have openings. Section 3: Any person, firm or corporation violating any provision of the Zoning Ordinance of the City of North Richland Hills 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 4: 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 5: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 14th day of March, 2016. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to form and legality: Cara Leahy White, Assistant City Attorney Ordinance No. 3399 Page 3 of 3 EXHIBIT A PROPERTY DESCRIPTION Phase One STATE OF TEXAS: COUNTY OF TARRANT: BEING a tract of land situated in the Edmund McDavid King Survey, Abstract No. 892. City of North Richland Hills, Tarrant County, Texas, being a portion of Lot 2, Block 2 of the plat showing Industrial Park, Second Filing, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Volume 388 -137, Page 54, Plat Records, Tarrant County, Texas (PRTCT), and being Tract 2 as described in Special Warranty Deed to AG /IRG North Richland Hills, L.L.C, recorded in 0207262117, Deed Records, Tarrant County. Texas (DRTCT), and being more particularly described as follows: BEGINNING at a 1/2" rear capped Goodwin & Marshall set at the most westerly right-of -way clip corner of the intersection of the northeasterly right- of-way line of Browning Drive (called 60' R.O.W. per Volume 388 -137, Page 54, PRTCT) and the northwesterly right- of-way line of Iron Horse Boulevard (formerly Industrial Park Drive R.O.W. per Volume 388 -137, Page 54, PRTCT), said clip corner per Permanent Street Right -Of -Way, recorded in 019509)94 DRTCT), from which a cut X in concrete found at the most southerly corner of said Lot 2. Block 2 as platted bears S 39'20'12" E, 15.00 feet THENCE N 39'20'12" W, along the northeasterly right - of-way line of said Browning Drive and the southwesterly line of said Lot 2, Block 2, a distance of 385.00 feet (deed 384.93 feet) to 3/4" rebar found at the intersection with the Southeasterly line of a tract of land as described in deed to Dallas Area Rapid Transit, recorded in 0203392851. DRTCT (formerly know as the St. Louis & Southwestern Railroad formerly the St. Louis, Arkansas & Texas Railroad called 100 foot R-0-W. recorded in Volume 54. Page 614. DRTCT), being the most westerly corner of said Lot 2, Block 2, from which a 1/2" rebar found be N 3815429" W. 99.44 feet (called 100 feet); THENCE Northeasterly, departing the northeasterly line of said Browning Drive, along the southerly line of said Dallas Area Rapid Transit tract. the northwesterly line of said Lot 2, Block 2, and a non - tangent curve to the left, having a radius point that bears N 39'1822" W, 5462.60 feet. a central angle of 06'20'05 ". an arc distance of 603.97 feet (plat 603.82 feet, deed 604.15 feet), and a chord which bears N 47'31'36" E. 603.66 feet to a point for corner at the end of said curve being 50 feet frail which the center of said railroad from which a 1/2" rebar found bears N 45'3827" W. 0.47 feet, and a 5/8" rebar found bears N 45'22'00" W. 99.31 feet (called 100 feet THENCE N 44'21'33" E. tangent to said curve, along the southerly line of said Dallas Area Rapid Transit tract and the northwesterly line of said Lot 2, Block 2, a distance of 278.75 feet (plat 278.81 feet, deed 278.48 feet) to a point for corner at the most northerly corner of said Lot 2, Block 2 and the most westerly corner of Lot 1, Block 2 of Industrial Park Addition, an addition to the City of North Richland Hilis, Tarrant County, Texas as recorded in Volume 388- 109, Page 36, DRTCT being 50 feet from the center of said railroad, from which a 5/8" rebar capped (illegible) found bears N 45'38'27" W. 029 feet and a 5/8" rebar capped MSI found at the most northerly corner of said Lot 1, Block 2 bears N 44'2133" E. 897.78 feet (deed 897.79 feet); THENCE S 45'38'27" E. departing the southeasterly line of said Dallas Area Rapid Transit tract, along the line common to said Lot 2, Block 2 and said Lot 1. Block 2, a distance of 400.00 feet (plats 400.00 feet & 399.87 feet. deeds 40021 feet) to a 5/8" rebar capped MSI RPLS 4224 found in the northwesterly right - of-way line of aforementioned Iran Horse Boulevard (called 80' R.0.W.1 from which a 1/2" rebar found bears S 55'22' W. 02 feet, a 1/2" rebar found bears S 59'59' E. 02 feet. and a cut X in concrete found at the most easterly corner of said Lot 1. Block 2 bears N 442133" E, 907.85 feet (plat 907.60 feet, deed 907.70 feet); THENCE S 442133" It along the northwesterly right -of -way line of said Iron Horse Boulevard and the southeasterly line of said Lot 2. Block 2, a distance of 278.75 feet (plat 278.71 feet. deed 278.83 feet) to a 5/8" rebar found at the beginning of a tangent curve to the right, having a radius of 5862.60 feet; THENCE Southwesterly, along the northwesterly right -of -way line of said Iran Horse Boulevard, the southeasterly line of said Lot 2. Block 2. and said curve having a central angle of 06'11'10 ", an arc distance of 632.98 feet (deed 632.94 feet). and a chord that bears S 47'27'08" W. 632.67 feet to a 1/2" rebar capped Goodwin & Marshall set at the most easterly right - of-way clip corner of the intersection of the northwesterly line of said Iron Horse Boulevard and the northeasterly line of aforementioned Browning Drive; THENCE N 842113" W, along said right -of -way clip corner, a distance of 2120 feet (R.O.W. '. deed 2120 feet, deed 2121 feet) to the POINT OF BEGINNING and containing 8.305 acres of land. NOTE Bearings are referenced to City of North Richland Hills Geodetic Control Stations GPS-35 & GPS -36. PROPERTY DESCRIPTION (Phase Twol STATE OF TEXAS: COUNTY OF TARRANT: BEING a tract of land situated in the Edmund McDavid King Survey. Abstract No. 892, City of North Richland Hills, Tarrant County, Texas, being a portion of that tract of land as described in deed to Rader Partners, recorded in Volume 10922, Page 1816, Deed Records, Tarrant County, Texas, being a portion of Lot 9. Block 4, Industrial Park Addition, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Cabinet 8, Slide 3087, Plat Records, Tarrant County. Texas ( PRTCT), being a portion of that tract of land as described in deed to ProProp LLC, recorded in 0214220425, Deed Records, Tarrant County, Texas ( ORTCT), and being more particularly described as follows: BEGINNING at a 1/2" rebar capped found at a clip corner of the intersection of the southeasterly right -of -way line of Iron Horse Boulevard (formerly Industrial Park Boulevard - called 80' R.O.W. per Volume 388 -109, Page 36, PRTCT) and the southerly right- of-way line of Eagle Crest Drive (per Cabinet A. Slide 3580. PRTCT), said point lying in the northwesterly line of said Rader tract THENCE N 89'33'38" E. departing the southeasterly line of said Iron Horse Boulevard, along a right -of -way clip line of the southerly line of said Eagle Crest Drive, a distance of 21.26 feet (plat 2121 feet) to a 1/2" rebar capped Landes Assoc found at a clip corner; THENCE along the southerly line of said Eagle Crest Drive (called 60' R.O.W. per Cabinet A, Slide 3580, PRTCT), as follows: S 46'27'10' E. a distance of 6.39 feet (plat 6.47 feet) to a 1/2" rebar capped Landes Assoc found at the beginning of a non - tangent cure to the left, having a radius point that bears N 44'26'42" E, 430.00 feet: Southeasterly, along said cure, having a central angle of 36'59'27", an arc distance of 277.61 feet (plat remainder 277.57 feet), and a chord that bears S 64'03'02" E, 272.82 feet to a 1/2" rebar capped Landes Assoc found at the northwest comer of the final plat of Lot 7R. Block 4, Industrial Park Addition, an addition to the City of North Richland Hills, Tarrant County. Texas as recorded in Cabinet A. Slide 6158. PRTCT, from which a 5/8" rebar found bears N 68' E. 0.1 feet: THENCE S 00'22'03" W, departing the south line of said Eagle Crest Drive, non- tangent to said curve, along the west line of said Lot 7R, Block 4, a distance of 455.72 feet (plat 455.89 feet) to a point for corner in the north line of Lot 1R Block 4 of Industrial Park Addition, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Volume 388 -164, Page 35, PRTCT, from which a cut X in concrete found bears S 00'22' W, 02 feet THENCE N 89'38'33' W. departing the west line of said Lot 7R Block 4, at a distance of 179.10 feet passing a 1/2" rebar found continuing a total distance of 41437 feet (plats 41425 feet) to a 1/2" rebar capped found at the northwest corner of Lot 5, Block 4, Industrial Park Addition, an addition to the City of North Richland Hills. Tarrant County, Texas as recorded in Cabinet A, Slide 2011, PRTCT: THENCE S 00'2127' W. along the west line of said Lot 5, Block 4, a distance of 400.00 feet to a PK nail with washer stamped Dunaway found in the north right - of-way line of Browning Drive (called 60' R.O.W. per Volume 388 -150, Page 7. PRTCT) at the southwest corner of said Lot 5, Block 4, from which a cut X in concrete found at the southeast corner of said Lot 5, Block 4 bears S 89'38'33" E. 235.01 feet (plat 235.00 feet THENCE N 89'38'33" W, along the north right -of -way line of said Browning Drive and the south line of said Rader tract, at a distance of 281.69 feet (plat Cabinet B, Slide 3087. PRTCT - 282.00 feet, deed remainder 281.93 feet, plat remainder 28123 feet) passing a cut X in concrete found at the southwest corner of a remainder portion of said Rader tract and the southeast corner of said Lot 9, Block 4 Industrial Park Addition, continuing a total distance of 32324 feet to the southwest corner of the herein described tract of land from which a cut X in concrete found bears N 89'38'33" W. 77.81 feet THENCE departing the north line of said Browning Drive. across said Lot 9, Block 4, as follows: N 00'2127" E, a distance of 202.98 feet to the beginning of a tangent curve to the right. having a radius of 335.00 feet fr Northeasterly, along said curve, having a central angle of 10'40'19', an arc distance of 62A0 feet, and a chord that bears N 05'4137" E. 6231 feet to the beginning of a reverse curve to left, having a radius of 30.00 feet Northwesterly, along said curve, having a central angle of 55'09'55", an arc distance of 28.88 feet, and a chord that bears N 16'33'11" W. 27.78 feet to the end of said curve; N 44'08'08" W, tangent to said crve, a distance of 147.98 feet to point in the southeasterly right -of -way line of said Iron Horse Boulevard (called 80 foot right-of-way per Volume 388 -137, Page 54. PRTCT) and the northwesterly line of said Lot 9. Block 4; T)-ENCE along the southeasterly right -of -way line of said Iron Horse Boulevard (called 80' R.O.W. per Volume 388 -137, Page 54 & Volume 388 -109, Page 36, PRTCT), as follows: Northeasterly, along a non - tangent curve to the left, having a radius point that bears N 42'4626' W, 5942.60 feet, at an arc distance of 431 feet passing a i/2" rebar capped Landes Assoc found at the northwest corner of said Lot 9. Block 4 and the most westerly corner of a remainder portion of said Rader tract. continuing in all along said curve N 4549'22" E, aanrgg 291.02 e feet O to 4 a 11/2" rebar Hound at the end feet said curve; . � that N 44'25'11" E. tangent to said curve, a distance of 523.79 feet (deed remainder 523.81 feet) to the POINT OF BEGINNING and containing 9.979 acres of land. NOTE Bearings are referenced to City of North Richland Hills Geodetic Control Stations GPS -35 & GPS- 36. ) PROPERTY DESCRIPTION (Phase Three STATE OF TEXAS: COUNTY OF TARRANT: ( BEING a tract of land situated in the Edmund McDavid King Survey. Abstract No. 892. City of North Richland Hills. Tarrant County. Texas. being a tract of land as described in deed to Drum Property Company. Ltd, recorded in D202154496. Deed Records, Tarrant County. Texas (DRTCT) and a tract of land as described in deed to Chesapeake Land Development Company, LL.C, recorded in D209053894. ORTCT, and being more particularly described as follows BEGINNING at a 1/2" rebar capped Goodwin & Marshall set at the intersection of the west right - of-way line of Hilltop Drive (called 50' 13.0.11. per Volume 388 -179. Page 30, Plat Records, Tarrant County, Texas) and the south right -of -way line of Browning Drive (called 60' R.O.W. per Volume 388 -150. Page 7, Plat Records. Tarrant County. Texas), being the northeast corner of said Drum tract. from which a 1/2" rebar found at the southeast corner of said intersection bears S 89'3833' E. 50.00 feet: THENCE S 00'33'22" E. along the west right -of -way line of said Hilltop Drive and the east line of said Drum tract, a distance of 301.00 feet (plat 301.01 feet, deed 301.03 feet) to a 1/2" rebar found at the southeast corner of said Drum tract and the northeast corner of Lot 3, Block 3 of the final plat of Lots 1 thru 3. Block 3. Tapp Addition. an addition to the City of North Richland Hills, Tarrant County. Texas as recorded in Volume 388 -179. Page 30. Plat Records. Tarrant County. Texas THENCE N 89'44'54" W. departing the west line of said Hilltop Drive, along the south line of said Drum tract and the north line of said Lot 3. Block 3, at a distance of 289.77 feet (deed 290.11 feet) passing a 1/2" rebar found at the southwest corner of said Drum tract and most easterly southeast corner of said Chesapeake tract, continuing a total distance of 629.1i feet (plat & deeds 629.32 feet) to a 1/2" rebar found at a reentrant corner of said Chesapeake tract and the northwest corner of said Lot 3, Biock 3, from which a 5/8" rebar found bears N 30'23' W, 1.1 feet: THENCE S 00'22'50" E, along a reentrant line of said Chesapeake tract and the west line of said Lot 3. Block 3, a distance of 242.92 feet (plat & deed 243.00 feet) to a cut X found in a wall at the most southerly southeast corner of said Chesapeake tract and the southwest corner of said Lot 3. Block 3, said point lying in the north line of Lot 1. Block 2. The Tapp Addition. an addition to the City of North Richland Hills. Tarrant County, Texas as recorded in Cabinet A, Slide 1844, Plat Records. Tarrant County. Texas), from which a 1/2" rebar found at the southeast corner of said Lot 3, Block 3 bears N 89'50'44" E, 641.82 feet (plat 641.74 feet); TI- NCE S 89'50'44" W. along the south line of said Chesapeake tract and the north line of said Lot 1. Block 2, a distance of 193.84 feet (deed 193.76 feet) to a 5/8" rebar capped Dunaway found: THENCE N 85'3255" W (plat N 84'54'44" W, deed N 85 '32'19" W), along the south line of said Chesapeake tract and the north line of said Lot 1. Block 2, a distance of 13121 feet (plat & deed 13124 feet) to a 5/8" rebar capped Dunaway found: THENCE N 29'38'02" W (plat N 29'12'56" W. deed N 29'37'26" W), along the southwesterly line of said Chesapeake tract, a distance of 300.90 feet (plat 299.04 feet, deed 300.90 feet) to a 1/2" rebar capped Goodwin & Marshall set in the southeasterly right-of -way line of Iron Horse Boulevard (formerly Industrial Boulevard, adjoining R.O.W. per Volume 388 -159, Page 78. Plat Records, Tarrant County, Texas) at the most westerly corner of said Chesapeake tract: THENCE N 51'17150" E. along the southeasterly right - of-way line of said Iron Horse Boulevard and the northwesterly line of said Chesapeake tract, a distance of 705.33 feet (deed 705.05 feet) to a disturbed 1/2" rebar found at the most westerly right -of -way clip corner of the intersection of the southeasterly right -of -way line of said Iron Horse Boulevard and the southwesterly right- of-way line of aforementioned Browning Drive, said clip corner per Permanent Street Right -Of- Way, recorded in D195103325, DRTCT: THENCE S 83'50'00" E. along said right -of -way clip line a distance of 21.30 feet 01.0.14. deed 21.33 feet, deed 21.40 feet) to a 5/8" rebar capped Dunaway found at the most easterly right -of- way clip corner of the intersection of the southwesterly right -of -way line of said Browning Drive and the southeasterly right -of -way line of Iron Horse Boulevard being the most northerly northeast corner of said Chesapeake tract: THENCE along the southwesterly right -of -way line of said Browning Drive. as follows: S 402650" E. a distance of 13.33 feet (R.O.W. deed 12.85 feet, deed 15.56 feet) to a 1/2" rebar capped Goodwin & Marshall set at the beginning of a non - tangent curve to the left, having a radius point that bears N 50'40'27" E, 430.00 feet (plat 430.00 feet, deed 429.63 feet), from which a 1/2" rebar fond bears S 41'53' E, 2.4 feet, and a cut X in concrete found at a point of curve in the northeasterly right -of -way line of said Browning Drive bears N 50'40'27" E. 60 feet: Southeasterlyy, along said curve, at an arc distance of 279.02 feet (deed 276.65 feet) passing a 1/2" rebar capped Precise found at the most easterly northeast corner of said curve tract havinga centrall the 50'19'00% an arc distance of continuing .62 fe in feet (plat 377�.56� feet), and a chard that bears S 64'29'03" E. 365.60 feet to a 1/2" rebar capped Goodwin & Marshall set at the end of said curve, frorn which a cut X in concrete found at a point of curve in the north right -of -way line of said Browning Drive bears N 00'21'27" E. 60 feet: S 89'38'33" E. tangent to said curve, a distance of 187.80 feet (deed 188.60 feet) to the POINT OF BEGINNING and containing 9.558 acres of land. 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