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HomeMy WebLinkAboutOrdinance 3563 ORDINANCE NO. 3563 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING SECTIONS 118-1, 118-631, AND 118-633 OF CHAPTER 118 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AS THEY PERTAIN TO BLOOD PLASMA COLLECTION FACILITIES; ESTABLISHING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to ensure that blood plasma collection facilities are appropriately located within the community and sensitive to the neighborhood context; and WHEREAS, after a study, review, and discussion of blood plasma collection facilities determined the need for a definition and development standards if such establishments were to locate in the city; and WHEREAS, the Planning and Zoning Commission has after conducting a public hearing has made its recommendation for the following amendment to the zoning ordinance; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas has forwarded a recommendation to the City Council for amendment of the City's zoning ordinance as set forth herein; and WHEREAS, notice has been given and public hearings held as required for amendments to the zoning ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: The Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by adding the following definition to Ordinance No. 3563 Page 1 of 5 Section 118-1 (Definitions) of Chapter 118 of the North Richland Hills Code of Ordinances: Blood plasma collection facility means a building or area used primarily for the performance of plasmapheresis, which is the procedure whereby whole blood is removed from the plasma donor by venipuncture or phlebotomy, the plasma is separated from the whole blood for sale or transfer, and the formed elements of the blood are returned to the donor. This definition does not include "blood bank" as defined by Texas Health and Safety Code Section 162.001. 17 Section 2: The Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by adding the "Blood plasma collection facility" land use in Section 118-631(a) (Table of Permitted Uses) of Chapter 118 of the North Richland Hills Code of Ordinances to read as follows: I{ [#] =Conditions.Reference Section 118-633 for SECTION 118-631:TABLE OF PERMITTED USES specific conditions to listed uses. NON-RESIDENTIAL DISTRICTS TOWN CENTER P= Permitted by Right S= Special Use Permit Required [Blank] = Not Permitted NP= Not Permitted B= Defers to Base Zoning District To 3 -o v c a A=Ancillary N O -a E o v N a v F O - U U O — — D Q w O U U LL Blood plasma collection facility 28 C S S S S I I B Section 3: The Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by adding the following to Section 118- 633 (Legend for section 118-631; special land use regulations) of Chapter 118 of the North Richland Hills Code of Ordinances to read as follows: Ordinance No. 3563 Page 2 of 5 (28) Blood plasma collection facilities must comply with the following standards. a. A blood plasma collection facility must not be located within one- half mile radius of another facility. b. A blood plasma collection facility must not be located within 500 feet of a residence, religious assembly, public or private school, public park, or day care center. The distance is measured along the property lines of the street fronts and from front door to front door, and in direct line across intersections. c. The minimum number of off-street parking spaces is one space per bed plus one space per 200 square feet of administrative and office space. d. The facility must have its primary driveway access on an arterial roadway, as identified on the Thoroughfare Plan. e. Facilities must be located in a building or space that contains an automatic sprinkler system for fire protection purposes. f. The minimum floor area for the facility is ten thousand (10,000) square feet. g. Facilities must include a waiting and departure area of at least five hundred (500) square feet in area to accommodate all customers. Customers are not permitted to queue outside of the facility. h. Separate restroom facilities for customers and staff must be provided. i. Hours of operation are limited to 6 AM to 8 PM Monday through Saturday and 8 AM to 5 PM Sunday. j. Facilities must develop and follow a management plan for handling litter, security, and loitering. A copy of the plan must be provided to the City. k. Cash transactions between the facility and customers are prohibited. 11 Section 4: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed Two Thousand Dollars ($2,000). Each day any such violation shall be allowed to continue shall constitute a separate violation and be punishable hereunder. Section 5: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances Ordinance No. 3563 Page 3 of 5 and such Code, in which event 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 phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 7: 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 in the Code of Ordinances of the City of North Richland Hills 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 8: 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 9: This ordinance shall be in full force and effect upon publication as required by Section 8 herein. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 28th day of January, 2019. CITY OF NORTH R CHLAND HILLS By: b4.61 -- Oscar Trevino, Mayor Ordinance No. 3563 Page 4 of 5 ATTEST: 6-0_) L i ek) Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: • Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Co ' ':ck, Planning Director Ordinance No. 3563 Page 5 of 5 i . .S- CAI`,1 .i �....., Star-Te1egraq FEB 2 7 2019 ME Arlington Citizen-Journal I The Keller Citizen I La Estrella rpa r:..'.i n,_., na:,,.,. '' r..._,...'. r . .. is ,.r1 Star-Telegram star-telegram.com 1 808 Throckmorton St. I Ft Worth.Tx.76102-63151800.776.7827 AFFIDAVIT OF PUBLICATION Account* Ad Number T Identification PO Amount Cols Depth 600579 0004066062 CITY OF NORTH RICHLAND HILLS ORDINANC ORD NO 3563 I $90.68 1 51.00 Li Attention: TRACI HENDERSON 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.3563 LOPEZ, Bid and Legal Coordinator AN ORDINANCE OF THE CITY OF for the Star-Telegram, by NORTH RICHLAND HILLS, g published b TEXAS, AMENDING THE COM- CITY OF NORTH RICHLAND HILLS PREHENSIVE ZONING ORDI- ORDINANCE NO.3563 the Star-Telegram, Inc.at Fort Worth, NANCE OF THE CITY OF NORTH AN ORDINANCE OF THE CITY OF in Tarrant Texas; and who. RICHLAND HILLS BY AMEND- NORTH RICHLAND HILLS, County, ING SECTIONS 118-1, 118-631, TEXAS, AMENDING THE COM- after being duly sworn, did depose AND 118-633 OF CHAPTER 118 PREHENSIVE ZONING ORDI- OF THE NORTH RICHLAND NANCE OF THE CITY OF NORTH and say that the attached clipping of HILLS CODE OF ORDINANCES RICHLAND HILLS BY AMEND- AS THEY PERTAIN TO BLOOD ING SECTIONS 118-1, 118-631, an advertisement was published in PLASMA COLLECTION FACILI- AND 118-633 OF CHAPTER 118 the above named paper on the listed TIES; ESTABLISHING A PENAL- OF THE NORTH RICHLAND p p TY; PROVIDING THAT THIS OR- HILLS CODE OF ORDINANCES dates: DINANCE SHALL BE CUMULA- AS THEY PERTAIN TO BLOOD TIVE OF ALL ORDINANCES AND PLASMA COLLECTION FACILI- REPEAL OF CONFLICTING PRO- TIES;ESTABLISHING A PENAL- VISIONS; PROVIDING A TY;PROVIDING THAT THIS OR- SEVERABILITY CLAUSE; PRO- DINANCE SHALL BE CUMULA- VIDING A SAVINGS CLAUSE; TIVE OF ALL ORDINANCES AND PROVIDING FOR PUBLICATION; REPEAL OF CONFLICTING PRO- 2 Insertion(s) AND PROVIDING AN EFFECTIvE DATE. VISIONS; PROVIDING A SEVERABILITY CLAUSE; PRO Any person violating any of the Published On: provisions of this ordinance VIDING A SAVINGS CLAUSE; shall be deemed guilty of a mis- PROVIDING FOR PUBLICATION; January 31,2019,February 01, demeanor and upon conviction AND PROVIDING AN EFFECTIVE thereof shall be fined an amount CATE. 2019 not to exceed Two Thousand Any person violating any of the Dollars ($2,000). Each day any provisions of this ordinance such violation shall be allowed shall be deemed guilty of a mis- to continue shall constitute a demeanor and upon conviction separate violation and be pun- thereof shall be fined an amount ishable hereunder. not to exceed Two Thousand AND IT IS SO ORDAINED. Dollars ($2,000). Each day any PASSED AND APPROVED on this such violation shall be allowed 28th day of January,2019 to continue shall constitute a CITY OF NORTH RICHLAND HILLS separate violation and be pun- By: /s/ Oscar TrevinoOscar Trevino,Mayor ishable hereunder. ATTEST: AND IT IS SO ORDAINED. /5/ Alicia PASSED AND APPROVED on this Richardson 28th day of January,2019 Alicia Richardson,City Secretary CITY OF NORTH RICHLAND HILLS By: /5/ Oscar TrevinoOscar APPROVED AS TO FORM AND LE- Trevino,Mayor X GALITY: ATTEST: /s/Maleshia B.McGinnis /5/ Alicia Maleshia B. McGinnis,AtIcaey Richardson (Principal Clerk) Alicia Richardson,City Secretary APPROVED AS TO FORM AND LE- SUBSCRIBED AND SWORN TO GALITY: /s/Maleshia B.McGinnis _ ME,THIS 1st day of Maleshia B.McGinnis,Attoney February in the year of 2019 fist ��IA — Notary , blic- i-,<!-`-'..;'., =_ STEFANI SCOTT BEARD -R My Notary ID#131760951 'y: -•1).i•••• �t`,- Expires October 23,2022 OF?