HomeMy WebLinkAboutOrdinance 2820
ORDINANCE NO. 2820
TR 2004-03
AN ORDINANCE AMENDING SECTION 520 OF NORTH RICHLAND HILLS
ORDINANCE 1874, THE COMPREHENSIVE ZONING ORDINANCE OF THE
CITY OF NORTH RICHLAND HILLS, AND CREATING A NEW PLANNED
DEVELOPMENT DISTRICT FOR RESIDENTIAL INFILL DEVELOPMENT ON
TRACTS OF LESS THAN TEN ACRES; ESTABLISHING STANDARDS FOR
SUCH DEVELOPMENTS; PROVIDING A PENALTY; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, notice of a public hearing before the City Council was published in a newspaper
of general circulation in the City at least 15 days before such hearing; and,
WHEREAS, The Planning and Zoning commission has made its final recommendation to the
city council on the adoption of the provisions hereof; and
WHEREAS, the City Council is of the opinion that the zoning text change herein effectuated
furthers the purpose of zoning as set forth in the Comprehensive Zoning
Ordinance and is in the best interest ofthe citizens ofthe 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 Section 520 of Ordinance 1874, the Comprehensive Zoning Ordinance,
is hereby amended to read as follows:
"Section 520. PD - PLANNED DEVELOPMENT DISTRICT
A. General Purpose and Description. The Planned Development District is
intended to provide for four distinct types of applications requiring planning and
site plans, but with differing standards. It is designated by a base district
designation with a "PD" suffix. The four types of applications are:
(a) Redevelopment of fully developed non-residential property (RD);
(b) New residential development (R);
(c) New non-residential development and new development of non-
residential uses combined with residential uses (R); and
(d) Residential infill development (Rl).
Such planned development designations shall only be used with base districts
with appropriate regulations to permit flexibility in the use and design ofland and
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buildings in situations where modification of specific base district regulations is
not contrary to its intent and purpose, or significantly inconsistent with the
planning on which it is based and will not be harmful to the community. While
great flexibility is given to provide special restrictions which will allow
development not otherwise permitted, procedures are established herein to insure
against misuse ofthe increased flexibility. The PD suffix for PD districts created
after October 1,2002, shall include the type "(RD), (R), or (NR)" PD application.
The PD districts created after August 1,2004, shall include the type (RD), (R),
(NR) or (Rl) PD application.
B. Permitted uses. Any use specified in the base district as limited by the site plan
adopted by the ordinance granting a Planned Development District shall be
permitted in that district. The size, location, appearance, and method of operation
may be specified to the extent necessary to insure compliance with the purpose
of this ordinance.
c. Development Standards.
1. Base District Required
Development standards for each separate PD District shall be those of the
base district as modified by the site plan adopted by the ordinance
granting the PD District. No PD District shall be created except in
combination with a base district designation. All PD applications and site
plans shall list all requested deviations from the standard requirements set
forth in the base district (applications without this list will be considered
incomplete ).
2. (RD) Standards
Redevelopment (RD) PD Districts shall be limited to non-residentially
zoned property with existing structures and may be of any size and shall
be allowed deviations from the base district if listed in a site plan
approved by the ordinance creating the PD District. Such deviations shall
be limited to lot and area requirements, land uses, masonry requirements,
parking, access, screening, landscaping, accessory buildings, signs,
lighting, and other requirements as the City Council may deem
appropriate.
3. (R) Standards
Residential (R) PD Districts shall be a minimum often (10) acres in size
and shall not be permitted any deviation from base district standards
except for access and for lot and area requirements other than dwelling
unit size and then only ifthe maximum density of the base district is not
exceeded. No deviation from minimum dwelling unit size or General
Conditions of base districts shall be permitted. Site plans may include
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Page 2 of6
typical elevations and shall include any restrictions imposed by Council
action.
4. (NR) Standards
Non-residential (NR) PD Districts shall be limited to new non-residential
and combined residential and non-residential undeveloped property and
shall be a minimum of three acres in size and shall meet all the base
district requirements unless the site plan approved by the ordinance
creating the district specifically allows one or more of the following
deviations therefrom: land uses, lot and area requirements, parking,
access, screening, fencing, landscaping, accessory buildings, density, and
lighting. No deviations from sign and masonry requirements ofthe base
district shall be permitted. Residential uses in these districts shall not
exceed 40% of the total area of the district.
5. (RI) Standards
The purpose of the Residential Infill (Rl) PD District is to encourage
residential development of small and otherwise challenging tracts ofland
by offering incentives that encourage creative and inventive development
scenarios. Residential Infill (Rl) PD Districts shall be limited to
residential development or redevelopment ofless than ten acres and shall
not be allowed without an approved site plan. Developments shall not
vary from R-2 Residential District standards unless amenities and design
elements are provided in lieu of such standards and are reflected on the
required site plan.
Site plans reflecting deviations from R-2 standards shall be evaluated
based on compatibility with adjacent development and the quantity, scope
and scale of the key amenities and design elements provided. Key
amenities and design elements may include but are not limited to the
following:
· Architectural subdivision entryway feature(s);
· Landscaped common areas;
· Landscaped and irrigated street medians;
· Nonlinear street pattern;
· Varying front building setbacks;
· Garages behind the front building facade;
· Common parking areas
· Establishment of a Homeowners Association
· Enhanced residential architectural features exceeding those
otherwise required including but not limited to:
use of stone or decorative masonry design on front
facades;
enhanced exterior lighting;
Ordinance No. 2820
Page 3 of6
enhanced roof pitch;
stained concrete driveways;
decorative wood garage doors;
decorative street lights;
decorative mail boxes;
stamped or decorative concrete street features.
· Use of appropriately scaled water or architectural features
exceeding those otherwise required including but not limited to:
fountains;
landscaped retention ponds with ornamental fence
enclosure;
waterways with landscaped banks;
neighborhood pools or club houses;
gazebo or neighborhood pavilion;
statues or other public art features;
clock towers.
Note: Front entry garages are discouraged, however they may be
considered if other key amenities and design elements are provided.
On a project by project basis, developments of ten acres or more may be
considered for Rl-PD zoning ifless than ten acres remain after deducting areas
with the following conditions:
FEMA designated floodplain or detention and/or retention ponds
as allowed by City Ordinance;
Overhead electrical transmission lines;
High pressure gas or petroleum product transmission lines.
The rationale for the deduction is that the purpose ofthe maximum size limitation
on these districts is to limit them to a certain maximum number of usable acres
and the conditions described substantially reduce such usable area, and are
conditions over which the developer has little or no control.
The final decision relative to determination ofthe number of acres to be deducted
shall be the responsibility of the Director of Public Works or his designee(s).
D. Ordinance Required. In approving a Planned Development District, the
amending ordinance shall include the base district designation with a PD suffix, and for
PD districts created after September 1,2002, the application, (RD), (R) or (NR) shall also
be included. For PD Districts created after August 1,2004, the application (RD), (R),
(NR) or (Rl) shall also be included.
E. Procedures.
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Page 4 of6
1. Application Procedure. All applications for a Planned Development
shall be treated in the same manner as an amendment to this Ordinance
as prescribed in Article 2, Section 200, "Amendments." For (Rl) PD
submittals, a pre-submittal meeting with the Director of Planning and the
Director of Public Works or their designees to discuss a concept plan for
development is required before submittal of a formal application.
2. Site Plan Requirements. A site plan shall accompany every application
for a Planned Development submitted. Such site plan shall include the
contents established for Planned Development Site Plans contained in
Article 5, Section 510, together with a list of requested deviations as
permitted by this Section. If such plan is approved, it shall be made a part
of the amending ordinance. The City Council is not restricted to
approving or rejecting such site plan, and may modify, require
amendments to the plan, or require additional detail. The Council may
approve the plan as amended or modified, or it may refuse to grant the
change.
3. Explanation of Reason for Application. Each application shall include
an explanation for the reason why deviations from the base district
requirements are being sought and identify rationale, other than financial
considerations, for each such deviation."
Section 2:
Any person, firm or corporation violating any provision of the Comprehensive
Zoning Ordinance 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 3:
The City Secretary is hereby authorized and directed to cause the publication of
the descriptive caption and penalty clauses of this ordinance as an alternative
method of publication provided by law.
Section 4:
This ordinance shall be in full force and effect immediately after passage.
AND IT IS SO ORDAINED.
PASSED on this 14th day of February, 2005.
By:
HILLS
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Page 5 of6
~
Planning
Ordinance No. 2820
Page 6 of6
INVOICE
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400 W. 7th Street
FORT W'ORTI I. - 1 X 76102
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Federal Fax 11) 72- 3148254
Bill To:
C1'I'Y OF N RICHLAND HILLS /SFCRF.T
PO BOX 820609
NORTH RICHLAND HILLS, 'I 76182-
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Publication Dates:
2/17/05
Net due in 21 days
2/28/05
25204617
073
ORDINANCE; NO. 2
2/16/05 - 2/17/05
Description Location Col Depth Linage MU Rate Amount
ORDINANCE NO. 2820 TR 2004 -03 13580 1 58 58 LINE $0.36 $41.76
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Before me, a Notary, ' " " °
l� itr ,, 1" s hall t ors t - .ounty and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
for the Star- Telegran latlon a „d punishable - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached cli ereund
C Passed :, rd approved a was published in the above namew aper on the listed dates: BIDS SL LEGAL DEPT. STAR TLEGRAM
(817) 390 -7320 :; u,.• t - atrr I.,•, : ,I
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SUBSCRIBED AND: PI'Pf ; �. To 4E THIS Wednesday, Fe ua 2 ° 2005.
”. Notary Public
:
Thank You For Your Payment
Remit To: Star- Telegram Customer ID:
P.O. Box 901051 Customer Name:
FORT WORTH, TX 76101 -2051 Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed
CIT13
CITY OF N RICHLAND HII,
252046171
$41.76