HomeMy WebLinkAboutOrdinance 3559 ORDINANCE NO. 3559
CASE SUP 2018-15
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 METAL ACCESSORY BUILDING
TO BE LOCATED AT 8625 RUMFIELD ROAD;
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 an accessory building for the purpose
of varying from specific development standards on lots 40,000 square feet
or greater in area; and
WHEREAS, the owner of the property located at 8625 Rumfield Road (the "Property")
has filed an application for a Special Use Permit for a metal accessory
building; and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on December 20, 2018, and the City Council of
Ordinance No. 3559
SUP 2018-15
Page 1 of 4
the City of North Richland Hills, Texas, held a public hearing on January 14,
2019, with respect to the Special Use Permit described herein; and
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 an accessory
building on Tracts 14A and 14E, Stephen Richardson Survey, Abstract
1266, commonly referred to as 8625 Rumfield Road, 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
Ordinance No. 3559
SUP 2018-15
Page 2 of 4
conflicting provisions of such ordinances and such code are hereby
repealed.
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 14th day of January, 2019.
Ordinance No. 3559
SUP 2018-15
Page 3 of 4
CITY OF N• ' H RIC ND H
By:
Oscar T ino, Mayor
ATTEST:
Igdt
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
A
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
-I j
Clayton Co.. ock, Planning Director
Ordinance No. 3559
SUP 2018-15
Page 4 of 4
Exhibit A— Property Description—Ordinance No. 3559—Page 1 of 1
Special Use Permit Case SUP 2018-15
Tracts 14A and 14E,Stephen Richardson Survey,Abstract 1266
8625 Rumfield Road, North Richland Hills,Texas
WHEREAS Luke Steinbrink and Aubrey Steinbrink are the sole owners of a tract of land
situated in the Stephen Richardson Survey,Abstract No. 1266,City of North Richland Hills,
Tarrant County, Texas, and being all of a tract of land conveyed to Luke Steinbrink and
Aubrey Steinbrink by General Warranty Deed recorded in Instrument Number
D218128623, Official Public Records, Tarrant County, Texas, and being more particularly
described by metes and bounds as follows:
BEGINNING at a 5/8-inch iron rod found for corner, said corner being the southwest
corner of a tract of land conveyed to Amber Lynn Helzer in deed recorded in Instrument
Number D216262411, Official Public Records, Tarrant County, Texas, same being the
north right-of-way line of Rumfield Road (County Road #3050) (a variable width right-of-
way);
THENCE North 89 degrees 35 minutes 43 seconds East, along the north right-of-way line
of said Rumfield Road (County Road #3050), a distance of 125.00 feet to a 1/2-inch iron rod
with a plastic yellow cap stamped "CBG Surveying" set for corner; said corner being the
north right-of-way line of said Rumfield Road (County Road #3050), same being the
southeast corner of a tract of land conveyed to Joe D. Potts and Marquieta Potts in deed
recorded in Volume 5305, Page 630, Deed Records, Tarrant County, Texas;
THENCE North 00 degrees 16 minutes 23 seconds West, along the east line of said Joe D.
Potts and Marquieta Potts tract, a distance of 333.76 feet to a 1/2-inch iron rod with a
plastic yellow cap stamped "CBG Surveying" set for corner; said corner being the
northeast corner of said Joe D. Potts and Marquieta Potts tract; same being on the south
line of Lot 9, Block 2,of the Meadowview Estates Addition,an addition to the City of North
Richland Hills, Texas, according to the plat thereof recorded in Volume 388-99, Page 59,
Deed Records, Tarrant County, Texas;
THENCE North 89 degrees 20 minutes 13 seconds East, along the south line of said Lot 9,
passing by a distance of 74.93 feet by a 1/2-inch iron rod found for witness, said corner
being in the southeast corner of said Lot 9, being in the southwest corner of Lot 10, Block
2, of said Meadowview Estates Addition, and also being in the southwest corner of Lot
11, Block 2, of said Meadowview Estates Addition, continuing along the south line of said
Lot 11 for a total distance of 125.00 feet to a 1/2-inch iron rod with a plastic yellow cap
stamped "CBG Surveying" set for corner, said corner being in the south line of said Lot 11,
and also being in the northwest corner of said Amber Lynn Helzer tract;
THENCE South 00 degrees 16 minutes 23 seconds East, along the east line of said Amber
Lynn Helzer tract, a distance of 334.32 feet to the POINT OF BEGINNING and containing
41,754 square feet or 0.959 acres of land.
Exhibit B— Land Use and Development Regulations—Ordinance No. 3559—Page 1 of 1
Special Use Permit Case SUP 2018-15
Tracts 14A and 14E,Stephen Richardson Survey,Abstract 1266
8625 Rumfield Road, 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 R-1 Single-Family Residential. 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 use. A special use permit is authorized for one (1) permanent accessory building
on the property.
B. Permanent accessory building. The permanent accessory building must comply with the
standards described below.
1. The building must be located as shown on the site plan attached as Exhibit "C."
2. The permanent accessory building must not exceed one thousand nine hundred seventy
six (1,976) square feet in floor area.
3. The building may include an attached covered porch. The porch must not exceed forty
(40) square feet in area.
4. A wainscot constructed of brick or stone must be installed on all sides of the building.
The wainscot must be a minimum of four (4) feet in height and include a masonry
cap/sill. The remaining wall surfaces of each elevation may be constructed of metal.
5. The minimum side building line must be at least fifteen (15) feet.
6. The minimum rear building line must be at least twenty (20) feet.
A. Fences. The fencing on the property must comply with the standards below.
1. An eight (8) foot wood privacy fence shall be located on the north property.
B. Buffer yard. A landscaped buffer yard must be installed adjacent to the north property
line.The buffer yard must comply with one of the standards below and must be irrigated.
1. At least seven (7) live oak trees must be planted.The trees must be generally spaced
twenty (20)feet on center. The trees must be a minimum of four(4) caliper inches in
size.
2. At least thirteen (13) eastern red cedar trees must be planted. The trees must be
generally spaced ten (10) feet on center. The trees must be a minimum of four (4)
caliper inches in size.
C. Removal of existing buildings. The two existing accessory buildings, as indicated on the
attached exhibit, must be removed through the appropriate permitting process within 90
days of final inspection of the new building.
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AFFIDAVIT OF PUBLICATION
Account# Ad Number Identification PO Amount Cols Depth
600579 0004044688 CITY OF NORTH RICHLAND HILLS ORDINANC ORD NO 3559 $87.32 1 49.00 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
CITY OF NORTH RICHLAND HILLS personally appeared CHRISTINE
ORDINANCE NO. 3559 CITY OF NORTH RICHLAND HILLS LOPEZ, Bid and Legal Coordinator
AN ORDINANCE OF THE CITY OF ORDINANCE NO.3559
NORTH RICHLAND HILLS, AN ORDINANCE OF THE CITY OF for the Star-Telegram, published by
TEXAS, AMENDING THE COM- NORTH RICHLAND HILLS, the Star-Telegram, Inc. at Fort Worth,
PREHENSIVE PLAN AND THE TEXAS, AMENDING THE COM- g COMPRE
D NAN EHEBY NSIVAPPROVING A COMPREHENSIVE ZONING OR- in Tarrant County,Texas; and who,
SPECIAL USE PERMIT TO AL- DINANCE BY APPROVING A after being duly sworn, did depose
LOW A METAL ACCESSORY SPECIAL USE PERMIT TO AL-
BUILDING TO BE LOCATED AT LOW A METAL ACCESSORY and say that the attached clipping of
8625 RUMFIELD ROAD; PRO- ! BUILDING TO BE LOCATED AT
VIDING THAT THIS ORDINANCE 8625 RUMFIELD ROAD; PRO- an advertisement was published in
SHALL BE CUMULATIVE OF ALL VIDING THAT THIS ORDINANCE
ORDINANCES; PROVIDING A SHALL BE CUMULATIVE OF ALL the above named paper on the listed
SEVERABILITY CLAUSE; PRO- ORDINANCES; PROVIDING A
VIDING A PENALTY FOR VIOLA- SEVERABILITY CLAUSE; PRO- dates'
TIONS HEREOF; PROVIDING A VIDING A PENALTY FOR VIOLA-
SAVINGS CLAUSE; PROVIDING TIONS HEREOF; PROVIDING A
FOR PUBLICATION; AND PRO- SAVINGS CLAUSE; PROVIDING
VIDING AN EFFECTIVE DATE. FOR PUBLICATION; AND PRO-
Any person, firm or corporation vi- VIDING AN EFFECTIVE DATE.
olating any provision of the Zon- Any person,firm or corporation vi- 2 Insertion(s)
ing Ordinance and the zoning
map of the City of North Rich-
olating any provision of the Zon-
land Hills as amended hereby ing Ordinance and the zoning Published On:
shall be deemed guilty of a mis- map of the City of North Rich-
demeanor and upon final convic- land Hills as amended hereby January 17,2019,January 18,2019
tion thereof fined in an amount shall be deemed guilty of a mis-
not to exceed Two Thousand demeanor and upon final convic-
Dollars ($2,000.00). Each day tion thereof fined in an amount
any such violation shall be al- not to exceed Two Thousand
lowed to continue shall consti- Dollars ($2,000.00). Each day
tute a separate violation and any such violation shall be al- ��t�tr� SHERRY LYNN HOUK
punishable hereunder. lowed to continue shall consti- �``,PaY•?�e.�
AND IT IS SO ORDAINED. tute a separate violation and �i;•. i'':�,;Notary Public,State of Texas
PASSED AND APPROVED on this punishable hereunder.
14th day of January,2019. AND IT IS SO ORDAINED. = 'y' Comm. Expires 05 30 2022
CITY OF NORTH RICHLAND HILLS +�:By: /s/ Oscar Trevino Oscar PASSED AND APPROVED oI this �` Notary ID 131585836 Trevino,Mayor 14th day of January,2019.
ATTEST: CITY OF NORTH RICHLAND HILLS
/s/ Alicia By: /s/ Oscar Trevino_Oscar
Richardson Trevino,Mayor
Alicia Richardson,City Secretary ATTEST:
APPROVED AS TO FORM AND LE- N Alicia
GALITY: Richardson
/s/Maleshia B.McGinnis Alicia Richardson,City Secretary ... :___%.Q.....c_pc—,----j_6
Maleshia B.McGinnis,Attorney APPROVED AS TO FORM AND LE-
GALITY:
/s/Maleshia B.McGinnis (Principal Clerk)
Maleshia B.McGinnis,Attorney
SUBSCRIBED AND SWORN TO
BEFORE ME,THIS 18th day of
January in the year of 2019
II
.Tkt .i1:. I am
ry Public- 1