HomeMy WebLinkAboutOrdinance 3573 ORDINANCE NO. 3573
CASE SUP 2018-08
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 FUEL SALES ON 0.6913 ACRES
LOCATED AT 7605 BOULEVARD 26; 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 Zoning Ordinance of the City of North Richland Hills authorizes the
issuance of a Special Use Permit to allow the retail dispensing or sales of
vehicle fuel; and
WHEREAS, the owner of the property located at 7605 Boulevard 26 (the "Property") has
filed an application for a Special Use Permit to authorize fuel sales in
conjunction with a convenience store on the property; and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on March 7, 2019, and the City Council of the
City of North Richland Hills, Texas, held a public hearing on March 25, 2019,
with respect to the Special Use Permit described herein; and
Ordinance No. 3573
SUP 2018-08
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 fuel sales in
conjunction with a convenience store on Lot 1, Block 2, Richland Terrace
Addition, commonly referred to as 7605 Boulevard 26, 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. 3573
SUP 2018-08
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 25th day of March, 2019.
CITY OF NORTH RICA AND HILLS
/4
By:
Oscar Trevino, Mayor
Ordinance No. 3573
SUP 2018-08
Page 3 of 4
ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Aft
Clayton :mstock, Planning Director
Ordinance No. 3573
SUP 2018-08
Page 4 of 4
Exhibit A— Property Description—Ordinance No. 3573— Page 1 of 1
Special Use Permit Case SUP 2018-08
Lot 1, Block 2, Richland Terrace Addition
7605 Boulevard 26, North Richland Hills,Texas
Being Lot 1, Block 2, Richland Terrace Addition, in the City of North Richland Hills, Tarrant
County, Texas, according to the plat recorded in Volume 388-157, Page 39, Plat Records,
Tarrant County, Texas.
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LOT 2, BLOCK 'I
RICHLAND TERRACE ADDITION
Exhibit B— Land Use and Development Regulations—Ordinance No. 3573— Page 1 of 2
Special Use Permit Case SUP 2018-08
Lot 1, Block 2, Richland Terrace Addition
7605 Boulevard 26, 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 C-2 Commercial. 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 fuel sales in conjunction with a
convenience store on the property.
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. The site improvements must be as shown on the site plan attached as Exhibit "C."
2. Light fixtures located in the parking lot and on the fuel pump canopy must be positioned
so the fixture is parallel with the ground.
3. The installation or use of luminous tube lighting on the windows and doors of the
building or fuel pump canopy is prohibited.
4. Landscaping on the property must be designed as shown on the landscape plan
attached as Exhibit "C" and is subject to the following.
a. The two Shumard red oak trees on the southwest side of the property must be
replaced with trees that are at least three (3) caliper inches in diameter.
b. All landscaped areas must be watered by an automatic underground irrigation
system equipped with rain and freeze sensors.
c. The landscaping must be installed prior to the issuance of a certificate of
occupancy.
5. If the size of the building or fuel canopy is increased, the following improvements must
be made to the property.
a. The driveways on the property must be consolidated into a single driveway. The
width of the driveway must not exceed thirty-five (35) feet in width.
b. A sidewalk must be constructed adjacent to Boulevard 26. The sidewalk must be
five (5) feet wide and located in the right-of-way.
c. A vehicle connection must be constructed from this property to the property on
the south side of the lot. The connection must be at least twenty-four (24) feet in
width. A common access easement must be provided for the connection.
Exhibit B— Land Use and Development Regulations—Ordinance No. 3573— Page 2 of 2
Special Use Permit Case SUP 2018-08
Lot 1, Block 2, Richland Terrace Addition
7605 Boulevard 26, North Richland Hills,Texas
C. Expiration. The special use permit will expire three (3) years from the effective date of this
ordinance. If fuel sales are still in operation at the time of expiration, the use shall be
considered a legal non-conforming use and may continue operation subject to the standards
described in Section 118-153 of the Zoning Ordinance
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, 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. Change traffic patterns.
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Star-Telegram
MEDIA
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star-telegram.com 1 808 Throckmorton St.I Ft Worth,Tx.76102-6315
AFFIDAVIT OF PUBLICATION
i Account# Ad Number Identification PO f Amount Cols Depth
600579 0004147473 CITY OF NORTH RICHLAND HILLS ORDINANC ORDINANCE NO.3573 I $161.28 1 48 00 L
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
p
CITY OF NORTH RICHLAND HILLS personally appeared VICTORIA
ORDINANCE NO.3573 CITY OF NORTH RICHI AND HILLS RODELA, Bid and Legal Coordinator
AN ORDINANCE OF THE CITY ORDINANCE NO.3573
OF NORTH RICHLAND HILLS, AN ORDINANCE OF THE CITY for the Star-Telegram, published by
TEXAS, AMENDING THE COM- OF NORTH RICHLAND HILLS,
PREHENSIVE PLAN AND THE TEXAS, AMENDING THE COM- the Star-Telegram, Inc. at Fort Worth,
COMPREHENSIVE ZONING OR- PREHENSIVE PLAN AND THE
DINANCE BY APPROVING A COMPREHENSIVE ZONING OR- In Tarrant County, Texas; and who,
SPECIAL USE PERMIT TO AL- DINANCE BY APPROVING A
LOW FUEL SALES ON 0.6913 SPECIAL USE PERMIT TO AL- after being duly sworn, did depose
ACRES LOCATED AT 7605 BOU- LOW FUEL SALES ON 0.6913 and say that the attached clipping of
LEVARD 26; PROVIDING THAT ACRES LOCATED ATI 7605 BOU-
THIS ORDINANCE SHALL BE LEVARD 26; PROVIDING THAT an advertisement was published in
CUMULATIVE OF ALL ORDI- THIS ORDINANCE SHALL BE p
NANCES; PROVIDING FOR CUMULATIVE OF ALL ORDI- the above named paper on the listed
SEVERABILITY; ESTABLISHING NANCES; PROVIDING FOR
A PENALTY; PROVIDING FOR SEVERABILITY; ESTABLISHING dates:
SAVINGS; PROVIDING FOR A PENALTY; PROVIDING FOR
PUBLICATION;AND PROVIDING SAVINGS; PROVIDING FOR
AN EFFECTIVE DATE. PUBLICATION;AND PROVIDING
Any person, firm or corporation AN EFFECTIVE DATE.
violating any provision of the Any person, firm or corporation
Zoning Ordinance and the zon- violating any provision of the 2
ing map of the City of North Zoning Ordinance and the zon- Insertion(s)
Richland Hills as amended here- ing map of the City of North
by shall be deemed guilty of a Richland Hills as amended here-
misdemeanor and upon final by shall be deemed guilty of a Published On:
conviction thereof fined in an misdemeanor and upon final
amount not to exceed Two conviction thereof fined in an March 28, 2019, March 29, 2019
Thousand Dollars ($2,000.00). amount not to exceed Two
Each day any such violation Thous d y Dollars such$2 00.00).
shall be allowed to continue shall be allowed to continue
shall constitute a separate vio-
1 shall constitute a separate vio-
lation and punishable hereunder. lotion and punishable hereunder.
AND IS SO ORDAINED. AND IT IS SO ORDAINED.
PASSED AND APPROVED on PASSED AND APPROVED on
this 25th day of March,2019. this 25th day of March,2019.
CITY OF NORTH RICHLAND HILLS CITY OF NORTH RICHLAND
By:_Js/Oscar TrevinoHILLS
Oscar Trevino,Mayor By:_ Js/Oscar Trevino
ATTEST: Oscar Trevino,Mayor
/s/Alicia Richardson ATTEST:
Alicia Richardson,City Secretary /s/Alicia Richardson_ _
APPROVED AS TO FORM AND APPROVEDrAS TO FORM AND
LEGALITY:
/s/Maleshia B.McGinnis LEGALITY:
Maleshia B.McGinnis,Attorney
/S/Maleshia c McGinnis 4.-/Maleshia B.McGinnis,Attorney
(Principal Clerk)
SUBSCRIBED AND SWORN TO
BEFORE ME, THIS 29th day of
March in the year of 2019
//
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