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HomeMy WebLinkAboutOrdinance 3439ORDINANCE NO. 3439 ZONING CASE ZC 2016 -16 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 AMENDING NON - RESIDENTIAL PLANNED DEVELOPMENT (NR -PD) ZONING DISTRICT NUMBER 41 OF THE CITY OF NORTH RICHLAND HILLS FOR THE PURPOSE OF ADDING AN INDOOR SHOOTING RANGE USE ON A 2.1 ACRE TRACT OF PROPERTY LOCATED AT 6201 NORTHEAST LOOP 820; 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 an indoor shooting range; and WHEREAS, the owner of the property containing approximately 2.1 acres of land more fully described in Exhibit "A" attached hereto, located at 6201 Northeast Loop 820 (the "Property ") has filed an application to rezone the Property from its present classification of NR -PD (Non - Residential Planned Development) 41 for the purpose of amending the NR -PD (Non - Residential Planned Development) to allow for an indoor shooting range on the Property; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on November 17, 2016, and the City Council of the City of North Richland Hills, Texas, held a public hearing on December 12, 2016 with respect to the zoning change described herein; and Ordinance No. 3439 Page 1 of 4. 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 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, THAT: Section 1: 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 2.1 acre tract of land within the Telitha Akers Survey, Abstract No. 19, Tarrant County, Texas; described as Lot 5R1, Block 6, Tapp Addition; and commonly referred to as 6201 Northeast Loop 820. 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 "A ", the Nonresidential Planned Development (NR- PD) District Land Use and Development Regulations, attached hereto and incorporated for all purposes, and the Exhibit "B ", the Site Plan, attached hereto and incorporated for all purposes, which are each respectively approved. Section 3: 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 "A" and "B." Unless otherwise provided in Exhibits "A" and "B," 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. Ordinance No. 3439 Page 2 of 4 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 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 following publication as required by Section 10 hereof. AND IT IS SO ORDAINED. Ordinance No. 3439 Page 3 of 4 PASSED AND APPROVED on the 12th day of December, 2016. ATTEST: Alicia Richardson, City S 00,: 7 CITY OF NORTH RICHLAND HILLS By: Mary h ;;,)? Approved as to form and legality: ,„ Oscar revino, Mayor Maleshia Farmer, City Attorney Approved as to content: Clayton Comstock, Planning Manager Ordinance No. 3439 Page 4 of 4 Non- Residential Planned Development (NR -PD) District No. 41 Land Use and Development Regulations Lot 5R1, Block 6, Tapp Addition; 6201 Northeast Loop 820 North Richland Hills, Texas This Non - Residential 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. A. Permitted Land Uses. Uses in this NR -PD shall be limited to those permitted in the C -2 Commercial Zoning District and the Freeway Corridor Overlay District, with the addition of the following: 1. Indoor Shooting Range, including the following ancillary uses: a. Firing range lanes b. Gunsmith c. Archery lanes d. Classroom / Event Space e. Retail sales of firearms and firearm accessories 2. Merchandise storage for the purpose of regional store distribution shall not exceed 4,000 square feet nor more than one distribution truck per day. No distribution trucks or trailers shall be stored on -site. 3. The sale and consumption of alcohol shall not be permitted when occupied by an Indoor Shooting Range use. B. Development Standards. Development of the property shall comply with the development standards of the C -2 Commercial zoning district, except as otherwise demonstrated on the attached Site Plan. 1. Landscaping shall be as approved on the attached Landscape Plan. 2. Building articulation shall be as approved on the attached Building Elevations. 3. The following improvements shall be made prior to final Certificate of Occupancy for any indoor shooting range use: a. Install a 6 -foot sidewalk along NE Loop 820 frontage b. Replace the existing 4 -foot sidewalk along Iron Horse Boulevard with a 6 -foot sidewalk to meet the TOD standards c. Replace six existing light fixtures along Iron Horse Boulevard with dual "bell style" fixtures to meet the streetscape design standards of Iron Horse Boulevard d. Bring the existing refuse container enclosure up to current code by providing opaque metal gates e. "Wrap" the six light pole bases along Iron Horse Boulevard mentioned above in leuders limestone to meet the intent of the Freeway Corridor Overlay District design standards. f. Increase the screening wall height of the rear loading dock area to ten feet (10') and provide the same architectural trim that is proposed on the building. C. Administrative Approval of Site Plans. Site plans that comply with all development - related ordinances and this Ordinance shall be administratively approved by the Development Review Committee. Substantial deviations or amendments from the development standards or Concept Plan, as determined by the City Manager or his /her designee, shall require a revision to the approved Redevelopment Planned Development in the same manner as the original. D. Iron Horse District Gateway Feature. The City of North Richland Hills shall have the option, by easement or other appropriate conveyance, at its own expense, to utilize the southwest corner of the property, approximately 1,400 square feet and depicted on Figure 1 below, for the purpose of a gateway feature or sign identifying the Iron Horse Transit Oriented Development District. The design of said entry feature shall be subject to approval by the underlying property owner. 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CO o U O uvi CITY OF North Richland Hills Ordinance No. 3439 ZC 2016 -16 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDI- NANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZON- ING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY AMENDING NON - RESIDENTIAL PLANNED DEVELOPMENT (NR -PD) ZONING DISTRICT NUMBER 41 OF THE CITY OF NORTH RICHLAND HILLS FOR THE PURPOSE OF ADDING AN INDOOR SHOOTING RANGE USE ON A 2.1 ACRE TRACT • OF PROPERTY LOCATED AT 6201 NORTHEAST LOOP 820; PROVID- ING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES; PROVIDING A SEVER - ABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLI- CATION; AND PROVIDING AN EF- �. FECTIVE DATE. Any perlon, firrn or corporation violating any provision of the Zoning Ordinance and the zoning nap 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 12th day of December 2016. /s /Oscar Trevino Oscar Trevino - Mayor ATTEST: /s /Alicia Richardson Alicia Richardson - City Secretary APPROVED AS TO FORM AND LEGALITY: /s /Maleshia B. Farmer Maleshia 8 - Farmer. City Attorney INVOICE Star - Telegram Customer ID: CIT13 808 Throckmorton St. Invoice Number: 339113841 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 12/30/2016 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 12/31/2016 Bill To: PO Number: CITY OF NORTH RICHLAND HILLS /SE PO BOX 820609 Order Number: 33911384 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: City of North Richlan Attn: STACEY HARRISON Publication Dates:12 /29/2016 - 12/30/201 Description Location Col Depth Linage MU Rate Amount City of North Richland Hills I3580 1 5 7 52 LINE $2.40 $249.60 Misc Fee $5.00 Net Amount: $254.60 County of Tarrant Before me, a NotaryPublu in and for said County and State, this day personally appeared Leticia Am'aga, Bids de 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 advertisement was published in the above named paper on the fated dates: BIDS eh' LEGALS DEPT Star - Telegram. (1 SUBSCRIBED AND SWORN TO BEFORE ME, ?JfIS DAYOF Dec. 3) � 2016 Sig C 111(4-4-4C1 HRISTY L. HOLLAND 11 STATE OF T c 'XAS ;1 , r 10#11 Comm 31 20 a(OTARYPUBLi 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: 339113841 Invoice Amount: $254.60 PO Number: Amount Enclosed: $