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HomeMy WebLinkAboutOrdinance 3460ORDINANCE NO. 3460 SPECIAL DEVELOPMENT PLAN CASE SDP 2016 -05 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 APPROVING A SPECIAL DEVELOPMENT PLAN FOR IRON HORSE VILLAGE ON APPROXIMATELY 9.17 ACRES LOCATED IN THE 6300 -6400 BLOCKS OF IRON HORSE BOULEVARD; REPEALING ORDINANCE NO. 3366; 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 City Council has previously passed an ordinance adopting a Comprehensive Land Use Plan Map as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Comprehensive Land Use Plan Map provides guidance for future development in conformance with the adopted Comprehensive Land Use Plan; and WHEREAS, the owner of the property containing approximately 9.17 acres of land located in the 6300 -6400 block of Iron Horse Boulevard (the "Property ") has filed an application for a Special Development Plan (SDP) for consideration of waivers to the Transit Oriented Development Code applicable to the property; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on April 6, 2017, and the City Council of the City of North Richland Hills, Texas, held a public hearing on April 24, 2017, with respect to the special development plan application described herein; and Ordinance No. 3460 SDP 2016 -05 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 rezoning 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 special development plan should be granted, subject to the conditions imposed herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by approving the request for a Special Development Plan, including specific waivers to the Transit Oriented Development Code, for Iron Horse Village as provided herein on a 9.17 -acre tract of land in the located in the 6300 -6400 block of Iron Horse Boulevard, as described and shown 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 special development plan in accordance with the requirements of the Transit Oriented Development Code, and the Concept Plan shown on Exhibit "B" attached hereto and incorporated for all purposes, which is approved. Section 3: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations, the Special Development Plan Regulations set forth in Exhibit "C," attached hereto and incorporated herein for all purposes, and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 4: 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 5: This Ordinance specifically repeals Ordinance No. 3366 approved by the North Richland Hills City Council on July 27, 2015. Further 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 Ordinance No. 3460 SDP 2016 -05 Page 2 of 4 conflicting provisions of such ordinances and such code are hereby repealed. Section 6: 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 7: 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 8: 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 9: 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 10: This ordinance shall be in full force and effect immediately following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 8th day of May, 2017. CITY OF NORTH RIC HLAND HILLS Ordinance No. 3460 SDP 2016 -05 Page 3 of 4 Mayor ATTEST: ` ,r .r _ : Alicia Richardson,° .SecrbI Approved as to form - -air'% ggig Maleshia mer, torney Approved as to content: Clayton Comstock, Planning Manager Ordinance No. 3460 SDP 2016 -05 Page 4 of 4 Exhibit A — Ordinance No. 3460 - Page 1 of 1 LEGAL DESCRIPTION TRACT ONE A portion of a tract of land situated in the TELITHA AKERS SURVEY, ABSTRACT NUMBER 19, being Tracts 2A1C, 3A2, and 2L as conveyed in a deed to Skeeter & Bucky LP, and recorded in Document Number D215169983, Official Public Records, Tarrant County, Texas. TRACT TWO A tract of land situated in the TELITHA AKERS SURVEY, ABSTRACT NUMBER 19, being Tract 21-1 as described by Tarrant Appraisal District account number 42067683. TRACT THREE A tract of land situated in the TELITHA AKERS SURVEY, ABSTRACT NUMBER 19, being Tract 2K1, and in the EDMUND KING SURVEY, ABSTRACT NUMBER 829, being Tract 1133J1A, as conveyed in a deed to Skeeter & Bucky LP, and recorded in Document Number D215169982, Official Public Records, Tarrant County, Texas. r s 6b JHP �. w _... „T ....,. TRACT THREE j I; j o w zS —�L d X — a a = F z � o Z 8 - 0 0 ZGNSIG VSE NVMBER SOR 2616 -OS PROPERTY EXHIBIT, A105 N O z z Gl n D m z C 3 W m 0 N O N 0) O m z O rt fD D Q 0 < Q C rt O Q (D rtv rt O O D S O II1 C) C) '-r (D C) rt c Q _N Q D rt n rt n I v o = 0N=(D X n 3 oCD 10 N o ° o D CD Ul 10 m o O n (D � N N V V1 � n -D E, D rD m �o v CD to �= D X N tin O N =1 D A W O I W O UQ o �^ 00 Ol 0 N D n m n rt -n -I p oo L� W ro v W = x moo' 3D o (D v n 0 N 0, 0 V o n vi W cn d rt CL w w w -mac U) (D c 00 N \ V r � o CT v D 0 0 lD 0 '0 7 - Ip -Qn CD ° O ni ID :T w � O x O. x -s N L/) A oo O u m r N O 0J CD rt fD t A ALA -v O L.—. 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O o X I CD I I r+ I ail I n•� _ m C �' S I I I O Q v J� ------------------------------- 0 CDL- Z �t O s � O fll (D h m 3 � d Z <� Nil 3 a<p god �'r.z d ^Dp n r a � Pny 1 S p yb 31 0 O I; ,f I' , , V , i f 1 G� Q h� iY IRON HORSE VILLAGE SDP NORTH RICHLAND HILLS, TEXAS CURB r-1 �l CURB i m x I O a 5' v 0 CD-- z 0 w 0 0 z n 4 � 3 Uo- ca' A J n Q �s FG R p rn �°a R 3 O W i -a W,i� 09 E D � I � 3 k:f V ^I D rn .F n n D � o, o � , rn rn ID m �. 3 3 D W U) �o I n o n o _*o n v � a H ON ^ (D O r S n 00 z o DDDDDD D xg ' $a9 O° 4u ?3 Ri � fl< I; ,f I' , , V , i f 1 G� Q h� iY IRON HORSE VILLAGE SDP NORTH RICHLAND HILLS, TEXAS CURB r-1 �l CURB i m x I O a 5' v 0 CD-- z 0 w 0 0 n 4 � 3 Uo- ca' A J n Q �s FG R p c °mom �°a R 3 O W i W,i� 09 IRON HORSE VILLAGE SDP NORTH RICHLAND HILLS, TEXAS §§ W1 N -=-z �og O n O d a 3 arm A i s a o omc 3 Z r r d . . a 8 0 CD W W��O� n v m r i CL a c 3 Ill 3 (D 73 z 03 m = rtO o p (D aa M i-r j CL r H . d L CD ON F. S 6 0o ') Y' O U'i DDDDDD ~ W111"! s ° D §lea O IRON HORSE VILLAGE SDP NORTH RICHLAND HILLS, TEXAS §§ W1 1 e° �og 4 � d a 3 arm A i s a o omc 3 a a 8 �o A� W W��O� Exhibit C — Ordinance No. 3460 - Page 1 of 2 Special Development Plan — Iron Horse Village Land Use and Development Regulations Special Development Plan Case SDP 2016 -05 Telitha Akers Survey, Abstract 19, Tracts 2A1C, 3A2, 2L, 21-1, and 2K1 Edmund King Survey, Abstract 29, Tract 163J1A 6300 -6400 blocks Iron Horse Boulevard, North Richland Hills, Texas This Special Development Plan (SDP) shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of TOD Transit Oriented Development. The following regulations shall be specific to this Special Development Plan. 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 SDP shall be limited to those permitted in the associated character zone — High Intensity Mixed Use and TOD Core — of the TOD Transit Oriented Development district. B. Building form and development standards. Development of the property shall comply with the development standards of the TOD Transit Oriented Development district and the standards described below. 1. First floor mixed -use. a. In the High Intensity Mixed Use character zone, one hundred percent (100 %) of the first floor may be used for residential uses. b. In the TOD Core character zone, 11,000 square feet of floor area shall be dedicated for commercial uses, and 28,000 square feet of floor area may be used as flex - commercial space, i.e., space that is built to commercial standards but allowed for residential use. 2. First floor height. In Buildings C and D, and a portion of Building A, the height of the first floor may be constructed with a minimum ceiling height of ten (10) feet (floor to floor). A raised finished floor elevation averaging eighteen (18) inches above the adjacent sidewalk is also required for these spaces. 3. Build -to -zone. a. In the High Intensity Mixed Use character zone, the build -to -zone may be greater than or equal to twenty -five (25) feet. b. In the TOD Core character zone, the build -to -zone shall be fifteen (15) feet to twenty -five (25) feet. 4. Parking ratios. a. In Phase 1, the minimum parking ratio shall be 1.62 parking spaces per residential unit. b. At build -out, the minimum parking ratio shall be 1.65 parking spaces per residential unit. Exhibit C — Ordinance No. 3460 - Page 2 of 2 c. Flex- commercial units shall be considered residential units for calculating parking requirements. 5. Structured parking. a. In Phase 1, a minimum 4% of the parking spaces shall be provided as tuck -under garages. b. At build -out, a minimum 50% of the parking spaces shall be provided as structured parking and tuck -under garages. C. Street and streetscape design standards. Development of the property shall comply with the development standards of the TOD Transit Oriented Development district and the standards described below. 1. Landscape standards on private property. a. One (1) large tree shall be provided per twenty (20) parking spaces. b. All parking spaces shall be located within 100 feet of a parking lot tree 2. Street trees, street furniture, lighting, and materials a. Streetscape and landscape elements required by Section 118- 567(e) may be located in dedicated public easements rather than public right -of -way. D. 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 site 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. INVOICE Star-Telegram Customer ID: CIT 13 808 Throckmorton St. Invoice Number: 339602261 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 5/12/2017 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 5/28/2017 Bill To: PO Number: CITY OF NORTH RICHLAND HILLS/SE PO BOX 820609 Order Number: 33960226 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: City of North Richlan Publication Dates: 5/11/2017 -5/12/2017 Attn:STACEY HARRISON I Description Location Col Depth Linage MU Rate Amount I City of North Richland Hills I3580 1 49 49 LINE $0.80 $78.40 Net Amount: $78.40 County of Tarrant Before me,a.N1 otary Public inandfor said County and State, this day personally appeared Leticia. rriaga,Bids rY Legal-Coordinator for the Star-Telegram,published by the Star-Telegram, Inc.at Tort 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 d'LEGA.LS DEPT:Star-Telegram.(1 SUBSCRIBED AND SWORNTO BEFORE ME ` HIS DAY orF Mali Ia,2017 - / I signe, Air A I ,.,�.; CHR HOLLAND ,1 "'�'' 3T�OF TEXAS 'I I �' f 406�i41 ; NM-AV-PUBLIC ` A :07 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: 339602261 Invoice Amount: $78.40 PO Number: Amount Enclosed: $ CRY OF North !• v 198 tVCt'a �^. - ZONING ORDI- NORTH �91 ApCRESLOCA jpIN BOULEVARD; OF IRON BOULEVA REPEALING •° NANCE PROVIDING THAT THISORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES;IITY CLAUSE;PROVIDING SEVER- ABILITY A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS LAUSE; PROVIDING FOR PUBLI- •AND PROVIDING AN EF- , DAT ono cor a l n • IF and west Two Thousand Each day any such vi be allowed to continue she eel ttltute a separate violation and punishable hereunder. this 8th day ,Af May 2017. Oscar Trevino . car Trevino-Mayor 1: • ardsoncIty Secretary V i• t To 'FORM AND 4 `1"4 B.farnwr Attorney