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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. 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Star-Telegram MED IA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1 808 Throckmorton St.I Ft Worth,Tx.76102.6315 1 800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cols Depth 600579 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