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.
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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