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HomeMy WebLinkAboutOrdinance 3581 ORDINANCE NO. 3581 CASE SUP 2019-07 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 TAP ROOM BE LOCATED AT 6020 PARKER BOULEVARD; 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 owner of the property located at 6020 Parker Boulevard (the "Property") has filed an application for a Special Use Permit for a tap room; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on May 2, 2019, and the City Council of the City of North Richland Hills, Texas, held a public hearing on May 13, 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 Ordinance No. 3581 SUP 2019-07 Page 1 of 4 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 tap room on Lot 1 R1, Block AB, The Venue at HomeTown, commonly referred to as 6020 Parker Boulevard, 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," 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. 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, Ordinance No. 3581 SUP 2019-07 Page 2 of 4 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 13th day of May, 2019. CITY OF TH RIC AND HILLS By: scar vino, Mayor Ordinance No. 3581 SUP 2019-07 Page 3 of 4 ATTEST: e�511N I I I I t I I I /!!U/iiiilr� �� ����9d�14✓fry - (1.d ) 1 `+-•�r Alicia Richardsoidity Sec tar .I ®'• APPROVED AS TO'retganNu LEGALITY: `Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayto Comstock, Planning Director Ordinance No. 3581 SUP 2019-07 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3581—Page 1 of 1 Special Use Permit Case SUP 2019-07 Lot 1R1, Block AB,The Venue at HomeTown 6020 Parker Boulevard, North Richland Hills,Texas Being Lot 1R1, Block AB, The Venue at HomeTown, in the City of North Richland Hills, Tarrant County,Texas, according to the plat recorded in Document Number D209315409, Plat Records, Tarrant County,Texas. Exhibit B—Land Use and Development Regulations—Ordinance No. 3581— Page 1 of 1 Special Use Permit Case SUP 2019-07 Lot 1R1, Block AB,The Venue at HomeTown 6020 Parker Boulevard, 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 use. A special use permit is authorized for a tap room on the property. B. Site development standards. Development of the property shall comply with the development standards of the TC Town Center zoning district. C. Operational standards. The operation of the tap room must comply with the standards described below. 1. The tap room must not be open later than 10:00 PM Sunday through Thursday and 11:00 PM Friday and Saturday. 2. The floor area for the tap room must not exceed two-thousand (2,000) square feet. 3. Food may be delivered from other establishments or prepared off-site. Food may be heated on site only by oven or microwave oven. Fats, oils, or grease must not be disposed down any drain unless a grease trap is installed in accordance with City Code of Ordinances. 4. For the purposes of Chapter 42 (Health) Article IV (Smoking and Other Tobacco Use Regulations), a tap room is not considered a bar. 5. A second storefront door must be constructed to provide direct access the patio area from the interior lease space. 6. Bicycle racks must be installed that are appropriate for the space and approved by the Development Review Committee and Town Center Architect. D. Expiration. The special use permit will expire three (3) years from the effective date of this ordinance. If the tap room is still in operation at the time of expiration, the business 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. E. Administrative Approval of Site Plans. 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. Star-Telegram,A ...Et, Arlington CltizenJournal I The Keller Citizen 1 La Estrella 2 2p19 Mansfield News-Mirror 1 Star-Telegram Northeast 1 Weatherford Star-Telegram star-telegram.com 1 808 Throckmorton St.I Ft Worth,Tx.76102-6315 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cols Depth i 600579 0004218236 CITY OF NORTH RICHLAND HILLSORDINANC ORDINANCE NO.3581 $80.60 I 1 45.00 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 personally appeared AMBAR CITY OF NORTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS LIZARRAGA, Bid and Legal ORDINANCE NO.3581 ORDINANCE NO.3581 AN ORDINANCE OF THE CITY OF AN ORDINANCE OF THE CITY OF Coordinator for the Star-Telegram, TEXAS, THE HILLS TEXAS, AMENDINGOTHE COM- published by the Star-Telegram, Inc. PREHENSIVE PLAN AND THE PREHENSIVE PLAN AND THE at Fort Worth, in Tarrant Count COMPREHENSIVE ZONING OR- COMPREHENSIVE ZONING OR- County, DINANCE BY APPROVING A DINANCE BY APPROVING A Texas;and who,after being duly SPECIAL USE PERMIT TO AL- SPECIAL USE PERMIT TO AL- LOW A TAP ROOM BE LOCAT- LOW A TAP ROOM BE LOCAT- ED AT 6020 PARKER BOULE- ED AT 6020 PARKER BOULE- VARD; PROVIDING THAT THIS VARD; PROVIDING THAT THIS attached clipping ORDINANCE SHALL BE CUMU- pping of an advertisement CUMU- LATIVE OF ALL ORDINANCES; LATIVE OF ALLAORDINAN ES; was published in the above named PROVIDING A SEVERABILITY PROVIDING A SEVERABILITY CLAUSE;PROVIDING A PENAL- CLAUSE; PROVIDING A PENAL paper on the listed dates: TY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS TY FOR VIOLATIONS HEREOF;CLAUSE;PROVIDING FOR PUB- PROVIDING A SAVINGS CLAUSE;PROVIDING FOR PUB- EFFECTIVE Vf DATE. LICATION;AND PROVIDING AN LICATION;AND PROVIDING AN FECTI EFFECTIVE DATE. Any person,firm or corporation vi- 2 olating any provision of the Zon- Any person,firm or corporation vi- Insertion(s) ing Ordinance and the zoning plating any provision of the Zon- map of the City of North Rich- ing Ordinance and the zoning land Hills as amended hereby map of the City of North Rich- Published On shall be deemed guilty of a mis- land Hills as amended hereby demeanor and upon final convic- shall be deemed guilty of a mis- May 16,2019,May 17,2019 tion thereof fined in an amount demeanor and upon final convic- not to exceed Two Thousand tion thereof fined in an amount Dollars ($2,000.00). Each day not to exceed Two Thousand any such violation shall be al- Dollars ($2,000.00). Each day lowed to continue shall consti- any such violation shall be al- tute a separate violation and lowed to continue shall consti- punishable hereunder. tute a separate violation and AND IT IS SO ORDAINED. punishable hereunder. PASSED AND APPROVED on this AND IT IS SO ORDAINED. 13th day of May,2019. PASSED AND APPROVED on this CITY OF NORTH RICHLAND HILLS 13th day of May,2019. By:/s/Oscar Trevino,Mayor CITY OF NORTH RICHLAND HILLS ATTEST: /s/ Alicia Richardson, By:/s/Oscar Trevino,Mayor City Secretary ATTEST: /s/ Alicia Richardson, APPROVED AS TO FORM AND LE- City Secretary GALITY:/s/Maleshia B.McGin- APPROVED AS O FORM AND LE- , nix,Attorney GALITY:/s/Maleshia B.McGin- nis,Attorney (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME,THIS 17th day of May in the year of 2019 ) Notary Public- `' LIZ3ETHAI!EN CORDERO `1-` _`,, \ My Notary ID#131863068 v:. . '',,�, iE±-- Expires January 25,2023 . Extra charge for lost or duplicate affidavits. Legal document please do not destroy!