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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 Ordinance No. 2820 Page 1 of6 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 Ordinance No. 2820 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. Ordinance No. 2820 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 Ordinance No. 2820 Page 5 of6 ~ Planning Ordinance No. 2820 Page 6 of6 INVOICE Star - Telegram 400 W. 7th Street FORT W'ORTI I. - 1 X 76102 (817) 390 -7761 Federal Fax 11) 72- 3148254 Bill To: C1'I'Y OF N RICHLAND HILLS /SFCRF.T PO BOX 820609 NORTH RICHLAND HILLS, 'I 76182- Preview Customer ID: CITI3 Invoice Number: 252046171 Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: 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 utuurl��NUf t:<, tt. -u Ut,. 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".'�i` .,: nc•n,.4r,I lrn•I ,y shill!, � ",,;�` rnlsc y and THE STATE OF TES [h roJi l fr i ned u rr in t an nrnord n.t to oxreed County of Tarrant r yyo Thousand Dol lar , '?,2,00 U tun Fin h day .:ny :uch vi °aaUcar 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 1 : t,rr.rry :-tray, , ATFES r. Si ned /s /Patricia Hutson g Patricia Hutr,on - City - - - --- -- - -- - — . •or t,t:.ry f 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