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HomeMy WebLinkAboutOrdinance 3639 ORDINANCE NO. 3639 SPECIAL USE PERMIT CASE SUP 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 APPROVING A SPECIAL USE PERMIT FOR OUTSIDE STORAGE AND DISPLAY LOCATED AT 7520 NE LOOP 820; 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 the property containing approximately 16.366 acres of land located at 7520 NE Loop 820 (the "Property") has filed an application for a special use permit to construct a communications tower; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on January 16, 2020, and the City Council of the City of North Richland Hills, Texas, held a public hearing on February 10, 2020, with respect to the special use permit described herein; and Ordinance No. 3639 SUP 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 approving a special use permit to authorize outside storage and display on Lot 5, Block 6, North Hills Village, commonly referred to as 7520 NE Loop 820, 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 Special Use Permit 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 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: 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. 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. Ordinance No. 3639 SUP 2019-13 Page 2 of 4 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 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 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 10th day of February, 2020. CITY OF RTH R LAN HILLS By: Oscar Trey o, ayor Ordinance No. 3639 SUP 2019-13 Page 3 of 4 ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: cialeshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton stock, Planning rector Ordinance No. 3639 SUP 2019-13 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3639—Page 1 of 1 Special Use Permit Case SUP 2019-13 Lot 5, Block 6, North Hills Village. 7520 NE Loop 820, North Richland Hills,Texas Being Lot 5, Block 6, North Hills Village, an addition to the City of North Richland Hills, Tarrant County,Texas, according to the plat recorded in Cabinet A,Slide 28, Plat Records, Tarrant County, Texas. Exhibit B—Land Use and Development Regulations—Ordinance No. 3639—Page 1 of 2 Special Use Permit Case SUP 2019-13 Lot 5, Block 6, North Hills Village. 7520 NE Loop 820, North Richland Hills,Texas This Special Use Permit (SUP) must 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. Site development standards. Development of the property shall comply with the development standards of the C-2 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. Outdoor storage and display on the site must comply with Section 118-716 of the zoning ordinance and the standards described below. a. The area used for outdoor display and storage must be located as shown on the site plan attached as Exhibit "C." b. The area used for outdoor storage and display must not exceed one thousand nine hundred (1,900) square feet. c. A maximum of twelve (12) trailers may be stored and displayed on the property. The trailers must be secured to bollards.The bollards must be painted to blend in with the color scheme of primary building. d. A waiver of the masonry screening wall requirement is authorized as it applies to the outdoor storage and display area. e. The outdoor storage or display of any other vehicles, inventory, merchandise, or equipment is prohibited. 3. An eight-foot masonry screening wall must be constructed adjacent to the loading dock, as shown on the site plan attached as Exhibit "C." The wall may be constructed as a traditional masonry wall or a pre-cast product. 4. An enclosure for the refuse container must be constructed. The enclosure must comply with the standards contained in Section 118-874 of the zoning ordinance. The refuse container and enclosure must be located to the side or rear of the building. 5. Landscaping must be installed as shown on the site plan attached as Exhibit "C" and the standards described below. a. Hardscape elements must be installed in the landscape setback adjacent to the NE Loop 820 frontage road,as required by the Freeway Corridor Overlay and Section 114- 72(k)(2) of the Code of Ordinances.This requirement applies to the frontage between City Point Drive and the westernmost drive approach. Exhibit B—Land Use and Development Regulations—Ordinance No. 3639—Page 2 of 2 Special Use Permit Case SUP 2019-13 Lot 5, Block 6, North Hills Village. 7520 NE Loop 820, North Richland Hills,Texas b. All landscaped areas must be watered by an automatic underground irrigation system equipped with rain and freeze sensors. All large and ornamental trees must be on bubbler/drip irrigation on separate zones from turf grass c. The landscaping must be installed prior to the issuance of a certificate of occupancy. B. Building design standards. Building design and appearance must comply with the standards described below. 1. Any nonconforming wall packs on the rear of the building must be replaced with fixtures that comply with the requirements of Section 118-728 of the zoning ordinance. 2. The floodlight must be removed from the light pole to the east of the building entrance. C. Expiration. The special use permit will expire three (3) years from the effective date of this ordinance. If the outdoor storage and display is still in operation at the time of expiration,the activity shall be considered a legal non-conforming activity and may continue operation subject to the standards described in Section 118-153 of the zoning ordinance. D. Amendments to Approved Special Use Permits. An amendment or revision to the special use permit 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 special use permit. 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. 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[ ''. 1 t J t� I— - :Ml - , z W :.: CD �• N w 41.4 E� o w z Gz f o H 3 z z ItOo u O : z 8 o o o ~ C u \':11, f \ .?.1.!-;:i''''''''.t'',.: '' *4rT14* ' ak Wd Liz 11.2 6102/0£/Z1.'6mp 02R dooi 3N OZSL-ad.spuei 1W ueld a4£5\u6isa4£0\O03 door 3N OZSL\lsanpoOM\d Star-Telegram MEDIA Arlington Citizen-.Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Teieg€atri star-tetegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102-6315 AFFIDAVIT OF PUBLICATION Account# _ Ad Number Identification PO , Amount Cols Depth 600579 0004562180 CITY OF NORTH RICHLAND HILLS ORDINANC ORDINANCE NO.3639 $90.68 1 51.00 Li Attention: Traci Henderson, TRMC 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.3639 AN ORDINANCE OF THE CITY - -- for the Star-Telegram,published by COUNCIL OF THE CITY OF I CITY OF NORTH RICHLAND HILLS NORTH RICHLAND HILLS, I ORDINANCE'.NO.3639 the Star-Telegram, Inc. at Fort Worth, TEXAS, AMENDING THE ZON- I," AN ORDINANCE OF THE CITY in Tarrant County,Texas;and who, ING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF. OF NORTH RICHLAND HILLS, NORTH RICHLAND HILLS, after being duly sworn,did depose AND THE ZONING MAP OF THE ,TEXAS; AMENDING"THE TON- CITY OF NORTH RICHLAND ING ORDINANCE OF THE CITY and say that the attached clipping of HILLS, TEXAS BY APPROVING OF NORTH""RICHLAND HILLS, A SPECIAL USE PERMIT FOR 'AND THE ZONING MAP OF THE'i an advertisement was published in OUTSIDE STORAGE AND DI5- CITY OF NORTH RICHLAND I PLAY LOCATED AT 7520 NE ' HILLS, TEXAS BY APPROVING i the above named paper on the listed LOOP 820; PROVIDING THAT A SPECIAL USE PERMIT FOR THISM ORDINANCE SHALL ORDI- , OUTSIDE STORAGE AND-.DISH dates: CUMULATIVE OF ALL PLAY LOCATED.'-AT 7520'"NE NANCES; PROVIDESTABLISHINGING FOR '. LOOP 820; PROVIDING- THAT I ASEVERA PENALTY; ;PROVIDING THIS ORDINANCE SHALL BE SAVINGS; IDIN FOR CUMULATIVE OF ALL ORDI- PROVIDING FOR PUBLICATION;AND PROVIDING • NANCES; ' PROVIDING FOR AN EFFECTIVE DATE. SEVERABILITY; ESTABLISHING 2 Insertion(s) Any person,firm or corporation A PENALTY; PROVIDING FOR violating any provision of the SAVINGS; PROVIDING FOR Zoning Ordinance and the zon- 1 Published On: ing map of the City of North PUBLICATION;AND PROVIDING Richland Hills as amended here- AN EFFECTIVE DATE. , i February 13,2020,February 14, by shall be deemed guilty of a ; Any person,firm or corporation-" misdemeanor and upon final violating any provision of the I 2020 conviction thereof fined in an . Zoning Ordinance and the zon- ; amount not to exceed Two ing map of-the City of North I Thousand Dollars ($2,000.00). Richland Hills.es amended here-'1 Each day any such violation ' 'by shall be deemed.guilty of a I shall be allowed to continue • misdemeanor"'"and upon final shall constitute a separate vio- conviction thereof fined in an: lation and punishable hereun- . amount not to exceed Two der. Thousand. Dollars ($2,000.00). PASSED AND APPROVED on Each"day any 'such violation this 10th day of February,2020. shall be'allowed, to continue CITY OF NORTH RICHLAND shall constitute"a separate vio- HILLS Nation and punishable, hereun-'I ' By:/s/Oscar Trevino_ Mayor PASSED AND APPROVED on ATTEST: ',this 10th day of February,2020. /s/Alicia Richardson CITY' OF NORTH .RICHLAND r City Secretary p� APPROVED AS TO FORM AND HILLS/Oscar Trevino,_ l ,..„ LEGALITY: Mayor/s/Maleshia B.McGinnis .MayorATTEST: City Attorney /s/Alicia Richardson (Principal Clerk) APPROVED, y SUBSCRIBED AND SWORN TO APPROVER-ASTO FORM AND 1 ILEGALITY: BEFORE ME,THIS 14th da of /s/Maleshia B.McGinnis � Y City Attorney...", • _ " F ary in the year of 2020 a_ Notary Public- ;�o: Af: ID#'•13203132u • '•: r P f hYExpire tAp;30,2023 6-718fear duplicate affidavits. Legal document please do not destroy!