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HomeMy WebLinkAboutOrdinance 3514 ORDINANCE NO. 3514 ZONING CASE ZC 2018-06 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 0.691-ACRE TRACT OF PROPERTY LOCATED AT 7901 DAVIS BOULEVARD FROM C-1 (COMMERCIAL) TO NR-PD (NONRESIDENTIAL 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 0.691 acres of land located at 7601 Davis Boulevard (the "Property") has filed an application to rezone the Property from its present classification of C-1 (Commercial) to NR-PD (Nonresidential Planned Development); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on April 5, 2018, and the City Council of the City of North Richland Hills, Texas, held a public hearing on April 23, 2018, with respect to the zoning change described herein; and Ordinance No. 3514 ZC 2018-06 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 Redevelopment Planned Development as provided herein on a 0.691-acre tract of land described as a portion of Lot 1, Block 3, Woodbert Addition, commonly referred to as 7601 Davis 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 herein approve the redevelopment planned development in accordance with the requirements of the Nonresidential Planned Development (NR-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 NR-PD (Nonresidential 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 C-1 Commercial 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. Ordinance No. 3514 ZC 2018-06 Page 2 of 4 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 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 23rd day of April, 2018. Ordinance No. 3514 ZC 2018-06 Page 3 of 4 CITY OF NORTH RICHLAND HILLS 4 ,rr By: . All O car Trevino, Mayor o1i' '?1" i?`‘ G.. L gr�ATTEST: ,• n '. 0.LA e.,,,r...). 0-:...:-et 0.1,61:ti_ ).---0 Alicia Richardson, City S etary "...Sig 'rr'15l tt ;.. X11,\``\. APPROVED AS TO FORM AND LEGALITY: jjtilUA-66 Maleshia B. McGinnis, City Attorney APPROVED AS TO CO TENT: T 1i -.. i/,QC Clayton Co.%'took, Plan '°g Manager Ordinance No. 3514 ZC 2018-06 Page 4 of 4 Exhibit A—Legal Description—Ordinance No. 3514— Page 1 of 1 All that certain 0.691 acres of land out of the 8.4358-acre tract described in deed to WCJ Davis 99, Ltd., recorded in Volume 13986, Page 18, in the public records of Tarrant County,Texas(P.R.T.C.T.) and out of Lot 1, Block 3, Woodbert Addition, recorded in Volume 388-K, Page 89, P.R.T.C.T., in the W.D Barnes Survey, Abstract No. 146, City of North Richland Hills, Texas, and more particularly described by metes and bounds as follows(all bearings shown hereon are based on south right-of-way line of Sayers Lane (50- foot right-of-way) called North 89 degrees 38 minutes 17 seconds East— 592.46 feet, in said WCJ Davis 99, Ltd.,tract); BEGINNING at a 5/8-inch iron rod found for the northeast corner of the herein described tract, at the intersection of the west right-of-way line of Davis Boulevard (right-of-way varies) and the south right-of- way line of said Sayers Lane; THENCE South 00 degrees 21 minutes 23 seconds East—267.76 feet (called 267.38 feet) along the west right-of-way line of said Davis Boulevard to a 1/2-inch iron found for a point for corner of said 8.4358-acre tract, common to the northeast corner of Lot 4R, Block 6, Crestwood Estates, recorded in Document Number D207450307, P.R.T.C.T. and the southeast corner of the herein described tract, and in the south line of said Lot 1, Block 3,Woodbert Addition; THENCE South 89 degrees 36 minutes 55 seconds West— 112.41 feet along the south line of said Lot 1, Block 3,Woodbert Addition, common to the north line of said Lot 4R, Block 6, Crestwood Estates,to a%2- inch rod with a cap stamped "Spry 5647" set for the southwest corner of the herein described tract; THENCE North 00 degrees 22 minutes 02 seconds West — 267.81 feet to a 1/2-inch iron rod with a cap stamped "Spry 5647" set for the northwest corner of the herein described tract and in the south right-of- way line of said Sayers Lane; THENCE North 89 degrees 38 minutes 17 seconds East—112.46 feet along the south right-of-way line of said Sayers Lane, to the POINT OF BEGINNING and containing 0.691 acres of land. Exhibit B—Land Use and Development Regulations—Ordinance No. 3514—Page 1 of 2 Zoning Case ZC 2018-06 Portion of Lot 1, Block 3,Woodbert Addition 7601 Davis Boulevard, North Richland Hills,Texas This Nonresidential Planned Development (NR-PD) District shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and adopt a base district of C-1 Commercial. The following regulations shall be specific to this NR-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 NR-PD shall be limited to those permitted in the C-1 Commercial zoning district, as amended, with the addition of and subject to the following. 1. Any land use requiring a special use permit in the C-1 Commercial zoning district, as amended, is only allowed if a special use permit is issued for the use. 2. Any land use prohibited in the C-1 Commercial zoning district, as amended, is also prohibited. B. Site development standards. Development of the property shall comply with the development standards of the C-1 Commercial zoning district and the standards described below. 1. A site plan and associated plans for the development must be approved by the Development Review Committee prior to the issuance of a building permit for the property. 2. The minimum front building line on all street frontages is twenty (20) feet. 3. The minimum rear building is twenty (20) feet. 4. The buffer yard adjacent to single-family residential property must be at least ten (10) feet wide. The buffer yard must be landscaped in accordance with the standards contained in Section 114-72 of the landscaping and buffering regulations. 5. A six-foot tall masonry screening wall must be constructed on the west property line adjacent to the single-family residential property. The wall must be constructed as a traditional masonry wall or a pre-cast product such as Verti-crete. Thin panel walls are prohibited.The wall must be constructed prior to the issuance of a building permit on the adjacent residential lot. 6. The existing drive approach on Davis Boulevard near the south property line must be removed as part of the site development. C. Amendments to Approved Planned Developments. An amendment or revision to the Redevelopment Planned Development (RD-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 RD-PD district. The city manager or designee may approve minor amendments or revisions to the RD-PD standards provided the amendment or revisions does not significantly: 1. Alter the basic relationship of the proposed uses to adjacent uses; 2. Change the uses approved; Exhibit B—Land Use and Development Regulations—Ordinance No. 3514—Page 2 of 2 Zoning Case ZC 2018-06 Portion of Lot 1, Block 3,Woodbert Addition 7601 Davis Boulevard, North Richland Hills,Texas 3. Increase approved densities, height, site coverage, or floor areas; 4. Decrease on-site parking requirements; 5. Reduce minimum yards or setbacks; or 6. Change traffic patterns. I g i i ! i p I 1 i i S I 1 I i V Y 1 i -0 ° 4,®S I I i sTs O i m bg8 1599, j i i g' 'f fd i I i i i ! i 3C.BACK 3 ZONING.11-3 i ! YOOOBeRT PUNT ION MOLE FAMILY i ! VOL. 3We 'PO. NNOIONNTIAL i P.R.T,C.T, 1 I I 1 Alt_ LOT 38, BLOCK 3 + ZONING*N-s i ° AO' 1 y . ' YOOOBERT A001 T10N °+ a ,_ .•, r •IMI FAMILY I ; O�+�,r i voL. 3�K.PO. •_, _ NNOIONNr1AL s'! P R. • .`[ i y., f A •. _._.._.._.._.._.._.. ! ! LOT 3A.BLOCK 3 ZONING/W-3 i i I YOOOBERT AOOITION i VOL.388-K.P. 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N n D -.n m .• .. --I in z e,. y N W ID 0 N to N y _,.._, STATE OF TEXAS COUNTY OF TARRANT Before ,a ary Public ' and fors id County and State,this day personally appeared ,Advertising Representative for the Star-Telegram,published by the Star-Telegram,Inc.at F rt Worth, in Tarrant County,Texas and distributed in other surrounding Counties; and who,after being duly sworn,did dispose and say that the following clipping of an advertisement was published in the above named paper on the following dates; K m [tT�i?F!`frt [CH a,''IL !�-I ORD► NCE NO i ( l JEA S INDING�,)Hi 0 ING OROINANCfOFGNE CITY OF NORT,,H RM' LAND kI1LLS, 4 AND E ONtNG,MAP OF THE r`H1�5T;EXAS 8P,�REZONIN6��`�y, �2 952" t E`�fBAGT O ROP ER OCATED AAT8228=t3U4 830A ND 830& F qND 0 TflON F 7601 �t ` �1+'iS ,S0t7LE1fARD��FRONI` C 2 COMMERCCALI) O R Z 51�y CUL tAMILY cRESIDEN TIALNIP,ROIiIDtI G TkfATffH[S:: ORDIN'Mca, ALL RE CUN1U ft,:TIt1E,OF L RDI ANCES QROVIDING�o � FOR SEVERA$ILI �ESTABktSHIN6 x WA VENALTY. ROVIDING;FOR C,"SSAVINGS,OTP OVIDINO FOR. PUBkfCATIONrAD PROV(?ING { AN EFFECTItED/TE Signed my person fCrtt r orpora#lon K ola#�ng any ptayls�onaf'the��on ing Ordnance and the KzOf 1�6map of the C�#y of NoC h�Rtth ` Subscribed a worn to before me,this the day of 20tand�{lltsas amendedhereby; sftall be deeed,guilty of aims 1 derneanpC And pop fmaf convic . tiort#hereof fined in an amount na# to exceed Two Tffousand' Notary Public -�--''" Doliar tz qoo oo) Eacneda� any such v�oiatCo shall t a , Tarrant County, Texas tow i continue snail consti ed -Lute a;�eparate�vrolatlori<and punlshable hereunder AND IT I5,1�i.0 ORDAINED PASSED on khls 23rd kda r of April;;. CITY,OF,`NORTH RCCIikAID 1ilLL5 By.��JsJ Oscar TreVlnm r Oscar Trevino Mayor k . /st Alicia ltichardsonr Alicia Richardson,Gty eqe ary APP+RCVEO AS T4CIRM AND LE Ise tiaUCtGlitnu4 z " Maf„la��Mcff�n�s��4 orn�y ,.t'ftYpr% DEBORAH JEAN BAYLOR Notary Public, State of Texas Comm. Expires 10-29-2019 Notary ID 13042344-2