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HomeMy WebLinkAboutOrdinance 3501 ORDINANCE NO. 3501 ZONING CASE ZC 2017-15 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 REZONING A 5.80- ACRE TRACT OF PROPERTY LOCATED IN THE 7300 BLOCK OF CIRCLE DRIVE FROM R-7-MF (MULTIFAMILY) TO RI-PD (RESIDENTIAL INFILL PLANNED DEVELOPMENT); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; 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 5.80 acres of land located in the 7300 block of Circle Drive (the "Property") has filed an application to rezone the Property from its present classification of R-7-MF (Multifamily) to RI-PD (Residential Infill Planned Development); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on February 1, 2018, and the City Council of the City of North Richland Hills, Texas, held a public hearing on February 26, 2018, with respect to the zoning change described herein; and Ordinance No. 3501 ZC 2017-15 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 zoning change 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 rezoning the Property and approving a Residential Infill Planned Development as provided herein on a 5.81-acre tract of land described as Lot 2, Block 35, Holiday North Addition, 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 herein approve the redevelopment planned development in accordance with the requirements of the Residential Infill Planned Development (RI- PD) District Land Use and Development Regulations, set forth in Exhibit "B," and the Site Plan Exhibits, set forth in Exhibit "C," both of which are attached hereto and incorporated for all purposes. Section 3: That 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 RI-PD (Residential Infill Planned Development) zoning, as set forth above. Section 4: The use of the property described above shall be subject to all applicable and pertinent ordinances of the City of North Richland Hills, all applicable regulations contained in the Building and Land Use Regulations for the R- 2 (Single Family Residential) zoning district, and the additional zoning standards as set forth in Exhibit "B." 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. 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 Ordinance No. 3501 ZC 2017-15 Page 2 of 4 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. PASSED AND APPROVED on the 26th day of February, 2018. Ordinance No. 3501 ZC 2017-15 Page 3 of 4 CITY OF NORTH RI .AND HILLS By: I Os ar r_ 'no, ,zyor ATTEST: .cj Z 20 Alicia Richardson, CityWretar i APPROVED AS TO FORM AND LEGALITY: — Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: , ;Si Clayton Comstock, Planning Manager Ordinance No. 3501 ZC 2017-15 Page 4 of 4 Exhibit A- Legal Description-Ordinance No. 3501-Page 1 of 1 All that certain 5.805 acres of land, out of 13.073 acre tract described in the deed to C.T. Beckham, recorded in Volume 8946, Page 1609 in the Public Records of Tarrant County, Texas (P.R.T.C.T.), which is Lot 2, Block 35, Holiday North Section 10, recorded in Volume 388-172, Page 72 P.R.T.C.T., in the W.W. Wallace Survey, A-1606, City of North Richland Hills, Tarrant County, Texas and more particularly described by metes and bounds as follows: (All bearings shown hereon are based on the north line of said Lot 2, Block 35, Holiday North Section 10) BEGINNING at the northeast corner of said 13.073 acre tract, common to the northeast corner of said Lot 2, Block 35, Holiday North Section 10 (multi-trunk hackberry tree at corner), common to a point for corner of Block 17, Holiday North Section 1, recorded in Volume 388-59, Page 37 P.R.T.C.T.; THENCE South 00 degrees 24 minutes 00 seconds West - 17.17 feet (called 17.10 feet) to a point for corner of the herein described tract, common to the south corner of said Block 17, Holiday North Section 1, and common to northeast corner of the 9.104 acre tract described in the deed to Texas Electric Service Company, recorded in Volume 2821, Page 291 P.R.T.C.T., from which a found Y2-inch iron rod bears South 58 degrees 33 minutes East-0.60 feet; THENCE South 66 degrees 27 minutes 00 seconds West - 1116.27 feet (called 1100.00 feet) to the southwest corner of the herein described tract, common to the southeast corner of Lot 3, Block 35, Holiday North Section 10, recorded in Cabinet A, Slide 216 P.R.T.C.T.; THENCE North 07 degrees 18 minutes 06 seconds West - 245.00 feet (called North 07 degrees 07 minutes East-245.00 feet) to a point for corner of the herein described tract; THENCE North 15 degrees 27 minutes 01 seconds East - 235.00 feet(called North 12 degrees East - 235.00 feet) to the northwest corner of the herein described tract, common to the northeast corner of Lot 1R, Block 35, Holiday North Section 10, recorded in Cabinet A, Slide 216 P.R.T.C.T.in the south line of Holiday Meadows, recorded in Document Number D200006164 P.R.T.C.T.; THENCE South 89 degrees 38 minutes 00 seconds East - 991.97 feet (called 994.00 feet) along the north line of said Lot 2, Block 35, Holiday North Section 10, common to the south line of said Holiday Meadows, the south line of Block 34, Holiday Meadows Section 7, recorded in Document Number D203164729 P.R.T.C.T., and the south line of said Block 17, Holiday North Section 1, to the POINT OF BEGINNING and containing 5.805 acres of land, of which 0.263 acres is with within the right-of-way of Todd Drive, as shown on the plat of said Lot 2, Block 35, Holiday North Section 10). Exhibit B— Land Use and Development Regulations—Ordinance No. 3501— Page 1 of 3 Zoning Case ZC 2017-15 Lot 2, Block 35, Holiday North Addition 7300 block Circle Drive; North Richland Hills,Texas This Residential Infill Planned Development (RI-PD) District shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and adopt a base district of R-2 Single Family Residential. The following regulations shall be specific to this RI-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 RI-PD shall be limited to those permitted in the R-2 Single Family Residential zoning district, as amended, and subject to the following. 1. Any land use requiring a special use permit in the R-2 Single Family Residential zoning district, as amended, is only allowed if a special use permit is issued for the use. 2. Any land use prohibited in the R-2 Single Family Residential zoning district, as amended, is also prohibited. B. Site development standards. Development of the property shall comply with the development standards of the R-2 Single Family Residential zoning district and the standards described below. 1. Lot dimensions and setbacks shall be as follows. STANDARD MINIMUM REQUIREMENT Lot area 4,500 square feet Lot width 50 feet Lot depth 90 feet Front building line 20 feet Side building line 5 feet Rear building line 10 feet Garage setback 20 feet Rear yard open space 10 percent of lot area 2. The development shall set aside at least four percent (4%) of the land area as common useable open space. All common useable open space areas and amenities must be owned and maintained by the home owner's association. The common useable open space areas shall be as shown on the site plan attached as Exhibit "C". 3. Fencing shall be designed as shown on the site plan attached as Exhibit "C" and subject to the following. a. A six-foot tall ornamental metal fence shall be constructed along the south property line of all residential lots adjacent to the North Electric Trail. b. A six-foot tall ornamental metal fence shall be constructed along the west property line of all residential lots adjacent to the Calloway Branch creek channel. 4. Sidewalks shall be designed as shown on the site plan attached as Exhibit "C" and subject to the following. Exhibit B— Land Use and Development Regulations—Ordinance No. 3501— Page 2 of 3 Zoning Case ZC 2017-15 Lot 2, Block 35, Holiday North Addition 7300 block Circle Drive; North Richland Hills,Texas a. A four-foot wide sidewalk shall be constructed adjacent to all internal streets. The sidewalk shall be installed by the builder. However, a five-foot wide sidewalk shall be constructed adjacent to the west side of the entry street on Lots 1 and 2, Block A. b. An eight-foot wide concrete trail shall be constructed in the open space lot across from the entry street. The trail shall connect to the existing North Electric Trail. The design of the connection must be approved by the Development Review Committee prior to construction. 5. All crosswalks shall be constructed of stamped and stained concrete. 6. The development shall include a cluster mailbox. The location and design shall be approved by the Development Review Committee and US Postal Service. 7. Development entry signs shall be designed and installed in accordance with Chapter 106 —Signs of the North Richland Hills Code of Ordinances. 8. Landscaping shall be designed as shown on the landscape plan attached as Exhibit "C" and subject to the following. a. A landscape plan for the development must be prepared by a Registered Landscape Architect and be approved by the Development Review Committee prior to construction. b. At least one canopy tree shall be installed between the sidewalk and curb adjacent to each lot. On corner lots, three trees must be installed, with one tree located on the front and two trees located on the side. The spacing of the trees must be 30 to 50 feet. c. All front yards must be fully landscaped and include automatic irrigation systems. d. All landscaping and irrigation in the open space lots must be maintained by the homeowner's association. C. Building design standards. Building design and appearance shall comply with the conceptual building elevations attached as Exhibit "C" and the standards described below. 1. Ten of the dwelling units may be 1,800 to 2,000 square feet in floor area. The minimum dwelling unit size for the remaining units shall be 2,000 square feet. 2. The maximum structure height shall be thirty-eight (38) feet. 3. The exterior wall materials shall consist of masonry materials, as defined by the zoning ordinance, in the following amounts: a. One-hundred (100) percent of the wall area on the front façade, except for areas above the roofline. b. At least eighty (80) percent of the wall area on the side and rear facades. 4. Surface materials for driveways must be salt finished, broom finished, or stamped and stained concrete. The driveways for Lot 2 and 3, Block A, and Lot 1, Block B, must be from the side street. Exhibit B—Land Use and Development Regulations—Ordinance No. 3501—Page 3 of 3 Zoning Case ZC 2017-15 Lot 2, Block 35, Holiday North Addition 7300 block Circle Drive; North Richland Hills,Texas 5. Garages are subject to the following: a. Front entry garages may be permitted, provided the garage door is setback at least twenty (20) feet from the front property line. b. A maximum of five (5) three-car garages are permitted within the development. c. All garage doors must be raised panel, decorative cedar doors. d. Automatic garage door openers are required on all garages. 6. Roofs shall have a minimum pitch of 8:12. Roof materials shall be constructed of at least 30-year shingles. Three-tab shingles are prohibited. 7. Each building shall include at least three of the following architectural elements. a. At least two distinct masonry materials. b. Divided light or border light windows on street facing elevations, including front elevations and side elevations on corner lots. c. Enhanced brick details, such as herringbone, rowlocks, etc. d. Metal seam roof accents. e. Cedar shutter accents. f. Cast stone accents. g. Decorative coach lighting. D. Amendments to Approved Planned Developments. An amendment or revision to the Residential Infill Planned Development (RI-PD) shall be processed in the same manner as the original approval. The application for an amendment or revision shall include all land described in the original ordinance that zoned the land to the RI-PD district. 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C m = !; ii! 1It: C f�obts 1= Ec ` per' Nu' Ya U o13YnU c• (n 3 Q.0 17� T !0 Z a) >A� ,, EE .° E ° O- aa, . co3 n d .i, o o Cl. 0 rn _ c t0 111__1. ........._ du (Auo _icaSQo Jwct 01—cF2 Q12i LX F•-U° 0_ N J V C co C 2 0 Star-telegram `"' MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast;Weatherford Star-Telegram star-telegram.com 808 Throckmorton St.I Ft Worth,Tx.76102-6315 1 800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cols Depth 600579 0003546647 CITY OF NORTH RICHLAND HILLS ORDINANC $89.04 1 53.00 Li Attention: THE STATE OF TEXAS CITY OF NORTH RICHLAND HILLS County of Tarrant PO BOX 820609 NORTH RICHLAND HILLS, TX 761820609 Before me, a Notary Public in and for said County and State, this day personally appeared CHRISTINE LOPEZ, Bid and 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 an advertisement was CITY OF NORTH RICHLAND HILLS published in the above named paper ORDINANCE NO.3501 on the listed dates: AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZON- ING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND 2 Insertion(s) HILLS,TEXAS BY REZONING A 5.80-ACRE TRACT OF PROPER- Published On: TY LOCATED IN THE 7300 BLOCK OF CIRCLE DRIVE FROM March 01,2018,March 02,2018 R-7-MF (MULTIFAMILY) TO RI- PD(RESIDENTIAL INFILL PLAN- NED DEVELOPMENT); PROVID- ING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION;AND PROVIDING AN EFFECTIVE DATE. Any person,firm or corporation vi- olating any provision of the Zon- ing Ordinance and the zoning map of the City of North Rich, land Hills as amended hereby shall be deemed guilty of a mis- demeanor and upon final convic- tion thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day arty such violation shall be al- (Principal Clerk) lowed to continue shall consti- tute a separate violation and punishable hereunder. SUBSCRIBED AND SWORN TO AND IT IS SO ORDAINED. PASSED on this 26th day of Febru- BEFORE ME, THIS 8th day of ary,2018. CITY OF NORTH RICHLAND HILLS March in the year of 2018 By: Js/Oscar Trevino__ Oscar Trevino,Mayor ATTEST: /s/Alicia Richardson Alicia Richardson,City Secretary APPROVED AS TO FORM AND LE- GALITY: ®rte /s/Maleshia B.McGinnis__ Maleshia B.McGinnis,Attorney Notary Public-Deborah Bay or • \ "rl/, DEBORAH JEAN BAYLR 4PPY.Pr!9'G _2:•�1 ��tNotary Public,State of e:0;(1.es •,cc Comm. Expires 1o292019 •••,eo�`�' No<. ry ID 13042344 ScANNczi Star-Telegram 1 ��r?E MEDIA r. Ill Citizen-Journal j The Keller Citizen j La Estrella �' Mansfield News-Mirror j Star-Telegram Northeast j Weatherford Star-Telegram star-telegram.com 1 808 Throckmorton St. I Ft Worth,Tx.76102-6315 , i c�•, *** MEMO INVOICE *** Fed ID#26-2674582 2'1 TOTAL AMOUNT DUE $94.04 SALES REP 124 ADVERTISER INFORMATION Advertising Dept ' BILLING PERIOD 6 I BILLED ACCOUNT NUMBER 7 I ADVERTISER/CLIENT NUMBER 2 I ADVERTISER/CLIENT NAME 03/08/2018 600579 600579 CITY OF NORTH RICHLAND HILLS MAKE CHECKS PAYABLE TO Star-Telegram CITY OF NORTH RICHLAND HILLS Star-Telegram-Advertising PO BOX 51847 PO BOX 820609 Livonia,MI 48151 NORTH RICHLAND HILLS,TX 76182-0609 Billing:Contact Sales Rep.Credit:Email ssccreditandcollections@mcclatchy.com Payment is due upon receipt. S'TM " NEWSPAPER j'=1141 lal s Li Li BILLED ' TIMES 1B 1B START STOP REFERENCE DESCRIPTION PRODUCT SAU SIZE UNITS RUN RATE AMOUNT 03/01 03/02 0003546647 CITY OF NORTH RICHLAND HILLS ORDIP Telegram 1 x 53 L 53 2 $0.84 $89.04 03/01 03/02 0003546647 CITY OF NORTH RICHLAND HILLS ORDID Upsell ST.Com 1 x 53 L 53 2 $0.84 $89.04 -$84.04 Invoice Total $94.04 THIS IS A MEMO INVOICE AND MAY OR MAY NOT REFLECT ALL CHARGES OR CHANGES THAT OCCUR ON THE FINAL INVOICE. Star-Telegram 1 1 BILLING PERIOD PLEASE DETACH AND RETURN LOWER PORTION WITH YOUR REMITTANCE 1 ADVERTISEfUCLIENT NAME I 2 MEDIA 03/08/2018 CITY OF NORTH RICHLAND HILLS Star-Telegram-Advertising 26 TOTAL AMOUNT DUE 71 TERMS OF PAYMENT PO BOX 51847 $94.04 Upon Receipt Livonia,MI 48151 4 I PAGER 5 I BILLING DATE *** MEMO INVOICE *** 1 03/08/2018 III NEWSPAPER REFERENCE 0003546647 Star-Telegram 6T BILLED ACCOUNT NUMBER Star-Telegram-Advertising 600579 PO BOX 51847 7 L ADVERTISER/CLIENT NUMBER Livonia, MI 48151 600579