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HomeMy WebLinkAboutOrdinance 3629 ORDINANCE NO. 3629 ZONING CASE ZC 2019-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE _ CITY OF NORTH RICHLAND HILLS, TEXAS BY REZONING 0.649 ACRES OF LAND LOCATED AT 4170 WILLMAN AVENUE FROM LR (LOCAL RETAIL) TO RD-PD (REDEVELOPMENT PLANNED DEVELOPMENT); 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 the Vision2030 Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision2030 Land Use Plan map provides guidance for future development in conformance with the adopted Vision2030 Land Use Plan; and WHEREAS, the owner of property located at 4170 Willman Avenue (the "Property") has filed an application to rezone the Property from its present classification of LR (Local Retail) to RD-PD (Redevelopment Planned Development); and Planningand ZoningCommission of the Cityof North Richland Hills, the Texas held a public hearing on December 5, 2019, and the City Council of the City of North Richland Hills, Texas, held a public hearing on January 13, 2020, with respect to the zoning change described herein; and Ordinance No. 3629 ZC 2019-13 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 rezoning the Property and approving a Redevelopment Planned Development as provided herein on a 0.649-acre tract of land described as Lot 10, Edgley Addition, commonly referred to as 4170 Willman Avenue, 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 herein approve the redevelopment planned development in accordance with the requirements of the Redevelopment Planned Development (RD-PD) district 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 zoning 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 Redevelopment Planned Development (RD-PD) zoning, as set forth above. Section 4: The use of the property described above shall be subject to all applicable and pertinent ordinances of the City of North Richland Hills, all applicable regulations contained in the Building and Land Use Regulations for the C-1 Commercial zoning district, and the additional zoning standards as set forth in Exhibit "B." Section 5: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. Ordinance No. 3629 ZC 2019-13 Page 2 of 4 Section 6: 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 7: 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 8: 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 9: All rights and remedies of the Cityof North Richland Hills are expressly 9 p Y 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 10: 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 11: This ordinance shall be in full force and effect immediately following publication as required by Section 10 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 27th day of January, 2020. Ordinance No. 3629 ZC 2019-13 Page 3 of 4 CITY OF NORTH RICHLAND HILLS By: (id Rita Wright Oujes , Ma r ro Tern ATTEST: att Alicia Richardson, CityeSetary .•i�`y ;,�`� iiiujfrrrV P-\\t`� oo APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton C stock, Planni Director Ordinance No. 3629 ZC 2019-13 Page 4 of 4 Exhibit A— Property Description—Ordinance No. 3629 Zoning Case ZC 2019-13 Lot 10, Edgley Addition 4170 Willman Avenue, North Richland Hills,Texas BEING Lot 10, Edgley Addition, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-K, Page 503, Plat Records,Tarrant County,Texas. I i it i hh 1 4 4 - 1 3 L+, ' rd� 5. L y 4 31 r 04.. -- ...,....1........, .,,,r,c-,, , - r f-A,0 3 5s ''� '` Y� .''-4,V, *::�;RY'9aGFM1L.c0 t9i�2 :a�i ¢ta qy"... +{ r z ' .� ,y:5� .,. .psi .e k 7 414'- ,4�s' of MIRTH &ICELAND HILLS 388-K,50 I ,. Exhibit B— Land Use and Development Regulations—Ordinance No. 3629—Page 1 of 2 Zoning Case ZC 2019-13 Lot 10, Edgley Addition 4170 Willman Avenue, North Richland Hills,Texas This Redevelopment Planned Development (RD-PD) district must adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of C-1 Commercial.The following regulations are specific to this RD-PD district.Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction will prevail. A. Permitted land uses. Uses in the RD-PD are limited to those permitted in the C-1 Commercial zoning district, as amended, with the addition of and subject to the following. 1. Contractor's office with shop and garage 2. Any land use requiring a special use permit in the C-1 Commercial zoning district, as amended, is only allowed if a special use permit is issued for the use. 3. Any land use prohibited in the C-1 Commercial zoning district, as amended, is also prohibited. 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 constructed as shown on the site plan attached as Exhibit 2. The refuse container enclosure on the site must comply with Section 118-874 of the zoning ordinance.The refuse container and enclosure must be located to the side or rear of the building. 3. Outdoor storage on the site must comply with Section 118-716 of the zoning ordinance and the standards described below. a. The area used for outside storage must be located as shown on the site plan attached as Exhibit "C." b. The area used for outside storage must not exceed three thousand three hundred (3,300) square feet. c. The stacking height of vehicles, commodities, or materials stored on the site must not exceed six (6)feet. d. The area used for outside storage must be paved with a concrete surface. 4. Fencing must be designed as shown on the site plan attached as Exhibit "C" and the standards described below. a. A six-foot tall masonry screening wall must be constructed on the east property line. The wall must be constructed as a traditional masonry wall or a pre-cast product. b. A six-foot tall stockade wood fence must be constructed and maintained on the north and south property lines as the required screening fence for the outdoor storage area. Exhibit B—Land Use and Development Regulations—Ordinance No. 3629—Page 2 of 2 Zoning Case ZC 2019-13 Lot 10, Edgley Addition 4170 Willman Avenue, North Richland Hills,Texas Maintenance or repair of the fence as the screening fence is the responsibility of the property owner of Lot 10, Edgley Addition. If the property owner removes or replaces the fence, the new fence must comply with the standards contained in Section 118- 871 of the zoning ordinance. 5. Landscape planting areas must be installed in the area between the building and the street. The planting areas must be at least one-hundred (100) square feet in area and contain plant material such as one large or ornamental tree, shrubs,ground cover, and/or ornamental grasses. C. Building design standards. Building design and appearance must comply with the building elevations attached as Exhibit "C" and the standards described below. 1. Signs on the site must comply with Chapter 106 (Signs)of the Code of Ordinances and the standards described below. a. The pole sign on the property must be removed. D. Amendments to Approved Planned Developments. An amendment or revision to the RD-PD district will be processed in the same manner as the original approval. The application for an amendment or revision must include all land described in the original ordinance that approved the RD-PD district. E. 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 Development Review Committee. The city manager or designee may approve minor amendments or revisions to the 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. Decrease on-site parking requirements; 5. Reduce minimum yards or setbacks; or 6. Change traffic patterns. Exhibit C-Site Plan Exhibits-Ordinance No. 3629 - Page 1 of 1 G SCALE r•.zD' LEGEND O(.- z -`y b () 4 D ,4 .4 I � � QHm PROPOSED 5" THICK CONCRETE O U y0 / PAVING W/ •3 BARS C 18"O.C.E.W. V D. N €V'I. I. \/ (3,500 PSI CONCRETE) : • Z a WE- � %Q U 2_m g::11 EXISTING ZONING C-2 AREA OF OUTSIDE co(OVERNIGHT)STORAGE SPACE .., X REMOVE EXISTING (VEHICLES & TRAILERS) 1 ,, w SIGN AND POLE (3,300 S.F. +/-) EXISTING 6'WOOD FENCE TO REMAIN Vicinity Map z N 90^ 00'E 289.3' N.T.S. o _.._.._.._.._, _._.._,._.._„_.._.._.._.._.._.._.._.._ y PROPOSED 6'TALL SUPERIOR U CONCRETE WALL ON EAST • Z Z y.I/ i SIDE TO SCREEN W U< i 50' I RU• 1.• T•r IL N i (f0 REPLACE EXISTING 8' CHAIN LINK FENCE) Q o 5 T-.CK .0A R Z am e, Z i HC < -u .• T,.11. • DAYTIME PARKING SPACES 3 Li o• WHILE TRUCKS/TRAILERS O -J 0 w p! EXISTING ONE STORY o J O O 1_ Q >I. E%ISTING 2 . METAL COMMERCIAL ' T T•.CK D RA R I ARE OFF-SITE ) w BRICK AND PAINT COLORS TO MATCH to CONCRETE SUILDINO oz THE BUILDING'S EXTERIOR. Q 01! PARKING O 3 U, •U T IL C7 12'-0' 0 1-_ • *I z I m 8. le'-a 1' OJ U J 4 m `.PEDESTRIAN GATE WITH _ uS T OK 0 RA R V SELF-CLOSING MECHANISM I- • 711r ! 6 50 / EXISTING m j BOLLARDS AROS /� ! I m EXIS G ASPHALT DRIVE ts-.� / ASPHALT PARKING 9 8 e r Y8 CUBIC YD. Y %/ TOP & ENO0U ..�._�� LOADED % mS 90 00'W 288.9' DUMPSTER jj b W RELOCATE VEHICULAR GATE EXISTINGO6R WOOD FENCE m j %% r - o' r/ BRICK SCREENING � }= tl w Wi' WALL 6'-0' HIGH � o '"y n g EXTEND 8'WOOD 1z'-0 �j CMU BLOCK WALL i ZW '8 mii FENCE GATES TO BE EOUIPPEO SOLDIER 5% SOLID METAL GATE j Mom+ " WITH SELF-CLOSING PAINT COURSE • MIN. 20-GAUGE DECK > MECHANISM OR HINGES TO MATCH COLOR TO MATCH G` •� SUPPORTEs BY FRAME ¢ : .$ m' OF BUILDING BUILDING g MASONRY SCREENING WALL. , II 0.0 ,gta EXISTING ZONING C-1 TO MAT POBE ILADNGE "II'i" \6' CONC. PIPE BOLLARDS CONCRETE FILLED. SET IN s6• CONC. PIPE BOLLARDSCONCRETE 3' BELOW GRADE ONCRETE FILLED. SET I „ o CONCRETE 3' BELOW GRADEPAINTED O.S.H.A. YELLOW Y i c �1 II � fPAINTEO O.S.H.A. YELLOW SOLDIER COURSE WITH Z. ROWLOCK COURSE ABOVEi I IIll�ll . . I��I9�I REFUSE C O N T A I NER AND BELOW. TO MATCH I... _ _.I BUILDING COLORS. BRICK TO MATCH m m SITE DATA SUMMARY PLAN VIEW ( TYP . ) a a i BUILDING I i.1 i� N.T.S. COLOR o EXISTING ZONING LR PROPOSED ZONING C-1 LOT AREA 28.264 S.F. REFUSE CONTAINER m BUILDING AREA 1.54 S.F. E L E V A T I O N LOT COVERAGE 12.42 EXISTING AREA OF IMPERVIOUS COVERAGE 12.533 SF 144X1 PROPOSED NEW PAVING 5.890 S.F. IV S N.T.S. SITE PLAN PROPOSED AREA OF IMPERVIOUS COVERAGE 18.423 SF 165%) NUMBER OF PARKING SPACES PROVIDED BELOW 4170 WILLMAN AVE. OWNER: LOT 10, EDGLEY ADDITION PARKING TABULATION NOTES: REALTY,LLC CITY OF NORTH RICHLAND HILLS, TEXAS NOTES: 8241 MID-CITIES BLVD.,•100 NORTH RICHLAND HILLS,TX 76182 1> MATERIALS OR COMMODITIES WITHIN OUTDOOR STORAGE AREA 817-268-0408 CURRENT ZONING: LR (Local Retail) S OFFICE SPACE PARKING REQUIRED: CAN NOT BE STACKED AT A HEIGHT GREATER THAN THE HEIGHT PROPOSED ZONING: C-1 Commerical District SPACE=3,500 OF THE SCREEN WALL. ENGINEER: i HAMILTON DUFFY,P.C. I SPACE FOR EVERY 4 300 SF= I2 SPACES 2) PAVED AREA IN REAR TO ACT AS PARKING FOR PERSONAL VEHICLES 8241 MID-CITIES BLVD.,•100 DATE OF PREPARATION 7-24-19 DURING THE DAY AND PARKING FOR WORK TRUCKS AND TRAILERS NORTH RICHLAND HILLS,TX 76180 SHEET PROVIDED: 12 SPACES OVERNIGHT. 817-268-0408 REVISED 10-29-19 EMAIL: khomiltonChamiltonduffy.com REVISED 11-11-19 1 OF 1 CASE ZC 2019-13 ._1082-034 SITE PLAN.dgn 11/112019 1.07.39 PM Star-Telegram S ARNED MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella FEB 4 2020 Mansfield News-Mirror I Star-Telegram Northeast I 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 Death 600579 0004546013 CITY OF NORTH RICHLAND HILLS ORDINAN ORDINANCE NO.3629 5'44 04 I 1 53.00 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 VICTORIA CITY OF NORTH RICHLAND HILLS RODELA, Bid and Legal Coordinator ORDINANCE NO.3629 g AN ORDINANCE OF THE CITY for the Star-Telegram, published b COUNCIL OF THE CITY OF g p by NORTH RICHLAND HILLS, CITY OF NORTH RICHLAND HILLS the Star-Telegram, Inc. at Fort Worth, TEXAS, AMENDING THE ZON ORDINANCE NO.3629 ING ORDINANCE OF THE CITY in Tarrant County,Texas;and who, AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AN AND THE ZONING MAP OF THE COUNCIL NORTH RICHLAND ON OF THE YILL E CITY OF F after being duly sworn, did depose CITY OF NORTH RICHLAND HILLS, TEXAS BY REZONING TEXAS, AMENDING THE ZON- and say that the attached clipping of 0.649 ACRES OF LAND LOCAT- ING ORDINANCE OF THE CITY ED AT 4170 WILLMAN AVENUE OF NORTH RICHLAND HILLS, an advertisement was published in FROM LR (LOCAL RETAIL) TO AND THE ZONING MAP OF THE the above named a er on the listed RD-PD (REDEVELOPMENT CITY OF NORTH RICHLAND p p PLANNED DEVELOPMENT); HILLS, TEXAS BY REZONING dates: PROVIDING THAT THIS ORDI- 0.649 ACRES OF LAND LOCAT- NANCE SHALL BE CUMULATIVE ED AT 4170 WILLMAN AVENUE OF ALL ORDINANCES; PROVID- FROM LR (LOCAL RETAIL) TO ING FOR SEVERABILITY; ES- RD-PD (REDEVELOPMENT TABLISHING A PENALTY; PRO- PLANNED DEVELOPMENT); VIDING FOR SAVINGS;PROVID- PROVIDING THAT THIS ORDI- ING FOR PUBLICATION; AND NANCE SHALL BE CUMULATIVE 2 Insertion(s) PROVIDING AN EFFECTIVE OF ALL ORDINANCES; PROVID- DATE. ING FOR SEVERABILITY; ES- Any person,firm or corporation TABLISHING A PENALTY; PRO- Published On: violating any provision of the VIDING FOR SAVINGS;PROVID- Zoning Ordinance and the zon- ING FOR PUBLICATION; AND January 30,2020,January 31,2020 ing map of the City of North PROVIDING AN EFFECTIVE Richland Hills as amended here- DATE. by shall be deemed guilty of a DA person,firm or corporation misdemeanor and upon final conviction thereof fined in an violating any provision of the amount not to exceed Two Zoning Ordinance and the zon- Thousand Dollars ($2,000.00). ing map of the City of North Each day any such violation Richland Hills as amended here- shall be allowed to continue by shall be deemed guilty of a shall constitute a separate vio- misdemeanor and upon final lation and punishable hereun- conviction thereof fined in an der. amount not to exceed Two PASSED AND APPROVED on Thousand Dollars ($2,000.00). this 27th day of January,2020. Each day any such violation CITY OF NORTH RICHLAND shall be allowed to continue HILLS shall constitute a separate vio- By:/s/Rita Wright Oujesky lation and punishable hereun- Mayor Pro Tem der. ATTEST: PASSED AND APPROVED on a_,D/s/Alicia Richardson this 27th day of January,2020. l r 4_,-, City Secretary CITY OF NORTH RICHLAND APPROVED AS TO FORM AND HILLS LEGALITY: By:/s/Rita Wright Oujesky (Principal Clerk) /s/Maleshia B.McGinnis — Mayor Pro Tern City Attorney ATTEST: SUBSCRIBED AND SWORN TO /s/Alicia Richardson City Secretary BEFORE ME,THIS 31st day of APPROVED AS TO FORM AND LEGALITY: uary in the year of 2020 /s/Maleshia B.McGinnis City Attorney ti No ary Public- --i i ■ ' ;¢:' "`. _- AMANDA DAWN GRISHAM ' :*� '�* My Notary ID#132031326 y; "1►P••••;41,: Expires May 30,2023 0/ A . .`. Extra charge for lost or duplicate affidavits. Legal document please do not destroy!