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HomeMy WebLinkAboutOrdinance 3553 ORDINANCE NO. 3553 CASE SUP 2018-14 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW A HOTEL TO BE LOCATED AT 9030 GRAND AVENUE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; 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 Zoning Ordinance of the City of North Richland Hills requires the issuance of a Special Use Permit for a hotel in the Town Center zoning district; and WHEREAS, the owner of the property located at 9030 Grand Avenue (the "Property") has filed an application for a Special Use Permit for a hotel; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on December 6, 2018, and the City Council of the City of North Richland Hills, Texas, held a public hearing on December 10, 2018, with respect to the Special Use Permit described herein; and Ordinance No. 3553 SUP 2018-14 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 approving a special use permit to authorize a hotel on 2.829 acres described as Tract 5E01, Landon C. Walker Survey, Abstract 1652; and Lot 3E, Block 1, Northeast Crossing Addition, commonly referred to as 9030 Grand Avenue, 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 approve the Special Use Permit in accordance with the 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 map of the City of North Richland Hills is amended and the Planning Director is directed to revise the official zoning map to reflect the approved special use permit, as set forth above. Section 4: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 5: 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. Ordinance No. 3553 SUP 2018-14 Page 2 of 4 Section 6: 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 7: 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 8: 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 9: 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 10: This ordinance shall be in full force and effect immediately following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 10th day of December, 2018. CITY Or •RT 4 IC HILLS By: Oscar-evino, Mayor Ordinance No. 3553 SUP 2018-14 Page 3 of 4 ATTEST: % tt-e, Alicia Richardsony Se retary .... APPROVED AS TO ObRACANdtEGALITY: 4ii,&tta);\ aleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: / Claytf Comstock, ' Ianning Director Ordinance No. 3553 SUP 2018-14 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3553—Page 1 of 1 Special Use Permit Case SUP 2018-14 Tract 5E01, Landon C.Walker Survey,Abstract 1652; Lot 3E, Block 1, Northeast Crossing Addition 9030 Grand Avenue, North Richland Hills,Texas Being a parcel of land located in the City of North Richland Hills, Tarrant County, Texas, and being a part of the Landon C. Walker Survey, Abstract Number 1652, and being a part of that tract of land described as Tract II conveyed to Arcadia Land Partners, 25, Ltd., as recorded in County Clerk's Document No. D203472402, Tarrant County Deed Records, and being that entire tract of land conveyed to Arcadia Land Partners, 25, Ltd. as recorded in County Clerk's Document No. D204074086, Tarrant County Deed Records, and being part of Lot 3, Block 1, Northeast Crossing Addition, an addition to the City of North Richland Hills as recorded in Cabinet A, Page 6064, Tarrant County Plat Records,and being further described as follows: BEGINNING at a one-half inch iron rod found at the northeast corner of said Tract II,said point being the northwest corner of said Lot 3,said point being in the northeast corner of Lot 1, Block 1, NRH Library Addition,an addition to the City of North Richland Hills as recorded in Cabinet A, Page 11397,Tarrant County Plat Records; THENCE South 88 degrees 54 minutes 21 seconds East, 312.03 feet along the north line of said Lot 3 to a one-half inch iron rod found in the west line of Lot 1, Block 1,Aegon Office Park Addition, an addition to the City of North Richland Hills as recorded in Cabinet A, Page 384,Tarrant County Plat Records; THENCE South 00 degrees 35 minutes 49 seconds East, 100.00 feet along the north line of said Lot 3 to a one-half inch iron rod found for the southwest corner of said Lot 1, Block 1,Aegon Office Park; THENCE South 45 degrees 07 minutes 37 seconds West,293.21 feet to a one-half inch iron rod found in the westerly line of said Lot 3 and said point being in the easterly line of said Tract II; THENCE South 44 degrees 52 minutes 23 seconds East, 55.41 feet along the westerly line of said Lot 3 to an 'X' cut in concrete found for the east corner of said Tract II; THENCE South 45 degrees 25 minutes 55 seconds West, 175.00 feet along the westerly line of said Lot 3 to a one- half inch iron rod found for the south corner of said Tract II and being in the northeast line of Walker Boulevard (a 90 foot right-of-way); THENCE along the southwest line of said Tract II and along the northeast line of Walker Boulevard as follows: North 44 degrees 52 minutes 23 seconds West, 244.99 feet to a one-half inch iron rod set for corner; North 00 degrees 07 minutes 37 seconds West,48.00 feet to a one-half inch iron rod set for corner; South 89 degrees 52 minutes 23 seconds West, 13.88 feet to an 'X' cut in concrete set for corner in the southeast line of Grand Avenue(a variable width right-of-way); THENCE North 45 degrees 07 minutes 37 seconds East, 233.53 feet along the southeast line of Grand Avenue to a 'PK' nail set in the easterly line of said Tract II and being in the westerly line of said Lot 3; THENCE North 01 degrees 05 minutes 39 seconds East,88.56 feet along the easterly line of said Tract II and along the westerly line of said Lot 3 to the POINT OF BEGINNING and containing 123,337 square feet or 2.831 acres of land. Exhibit B— Land Use and Development Regulations—Ordinance No. 3553— Page 1 of 1 Special Use Permit Case SUP 2018-14 Tract 5E01, Landon C.Walker Survey,Abstract 1652; Lot 3E, Block 1, Northeast Crossing Addition 9030 Grand Avenue, North Richland Hills,Texas This Special Use Permit (SUP) shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of TC Town Center. The following regulations shall be specific to this Special Use Permit. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction shall prevail. A. Permitted uses. The uses authorized by this Special Use Permit shall be limited the following: 1. 1. Hotel B. Site development standards. Development of the property shall comply with the development standards of the TC Town Center zoning district and the standards described below. 1. Building location, appearance of the building, and general lot landscaping must be as shown on the concept plan and conceptual elevations attached as Exhibit "C." 2. The maximum number of guest rooms allowed is one hundred twenty (120). 3. The use of street façade- or window-mounted HVAC units is not permitted. 4. The hotel must include the following amenities: indoor pool, indoor gym, breakfast dining room, and business meeting room(s). C. Operational standards. The operation of the hotel must comply with the standards described below. 1. This special use permit is for the TownePlace Suites by Marriott name or brand only. Any name or brand change will require approval of a revised special use permit. 2. The hotel owner/operator must join and be a member of the Town Center Property Owners Association. D. Administrative Approval of Site Plans. The development is subject to final approval of a site plan package. Site plans that comply with all development-related ordinances, Town Center Design Guidelines, and this Ordinance may be administratively approved by the Town Center Architect,Town Center Design Review Board, and City Development Review Committee. The city manager or designee may approve minor amendments or revisions to the Special Use Permit 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; 3. Increase approved densities, height, site coverage, or floor areas; 4. Significantly decrease on-site parking requirements; 5. Reduce minimum yards or setbacks; or 6. 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Any person,firm or corporation vi- olating any provision of the Subdivision Regulations of the City of North Richland Hills as Befo e,a Notary Public in and for said County and State,this day amended hereby shall be deemed guilty of a misdemeanor personally appeared � and upon f conviction there- of fined in final an amount not to there- ,Y PP ,Advertisi teed Two Thousand Dollars for the Star-Telegram,published by the Star-Telegram,Inc.at Fort Worth,in Tarrant Co c52,000.00>• Each day any such violation shall be allowed to distributed in other surrounding Counties;and who,after being duly sworn,did dispose continue shall constitute a sep- arate violation and punishable following clipping of an advertisement was published in the above named paper on the fol hereunder. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 10th day of December,201B. I Q-1 I� CITY OF NORTH RICHLAND HILLS By: s/Oscar Trevino_ _ Oscar Trevino,Mayor I a I "f ( ATTEST: /s/Alicia Richardson Alicia Richardson,Citecretary APPROVED AS TO FORM AND•LE- GALITY: /s/Maleshia B.McGinnis Maleshia B.McGinnis,Attorney Signe, I tia rfiSubscribed and sworn to before me,this the day of r lk i r �� Notary Public ( `Lr f Tarrant I;(o n ,Te �,4AY O; I, SHERRY LYNN HOUK Public. State of Texas j� '3- 4: Comm. Expires 05-30-2022 1 'f�i3Or Notary ID 131585836 •