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.
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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