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HomeMy WebLinkAboutOrdinance 3695 DENIED ORDINANCE NO. 3695 SPECIAL USE PERMIT CASE SUP 2020-07 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 VEHICLE STORAGE FACILITY LOCATED AT 4005 RUFE SNOW DRIVE; 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 0.332 acres of land located at 7651 Davis Boulevard (the "Property") has filed an application for a special use permit for a secondhand goods dealer; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on May 6, 2021, and the City Council of the City of North Richland Hills, Texas, held a public hearing on May 24, 2021, with respect to the special use permit described herein; and Ordinance No. 3695 SUP 2020-07 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 a vehicle storage facility on Lot 12, Block 3, J.L. Autrey Addition, commonly referred to as 4005 Rufe Snow Drive, 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. 3695 SUP 2020-07 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 24th day of May, 2021. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Ordinance No. 3695 SUP 2020-07 Page 3 of 4 ATTEST: Alicia Richardson City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Planning Director Ordinance No. 3695 SUP 2020-07 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3695—Page 1 of 1 Special Use Permit Case SUP 2020-07 Lot 12, Block 3,J.L.Autrey Addition 4005 Rufe Snow Drive, North Richland Hills,Texas LOT 12, BLOCK 4,J.L.AUTREY ADDITION Being 0.53 acres of land described as Lot 12, Block 3,J.L.Autrey Addition, as recorded in Volume 388-0, Page 567, Plat Records,Tarrant County,Texas. Exhibit B—Land Use and Development Regulations—Ordinance No. 3695—Page 1 of 2 Special Use Permit Case SUP 2020-07 Lot 12, Block 3,J.L.Autrey Addition 4005 Rufe Snow Drive, 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. Permitted land uses. A special use permit is authorized for a vehicle storage facility on the property. B. 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 shown on the site plan attached as Exhibit "C" are considered conceptual for the purpose of identifying the location of activities on the site. A formal site plan application that addresses these standards must be submitted for approval by the Development Review Committee (DRC) prior to the issuance of building permits or construction. 2. The paving materials or the drive aisles, parking, and maneuvering areas must be concrete. 3. The driving aisle and maneuvering area must be constructed as a fire lane. The fire lane must be at least 24 feet in width and designed and maintained to support loads of 80,000 pounds for fire apparatus. 4. The vehicle storage area must be screened in accordance with Section 118-876 of the zoning ordinance. The storage area must be screened around its entire perimeter with a 20-foot wide landscaped buffer.The buffer must include an earthen berm up to 30 inches tall and vegetation that covers the entire length of the berm. 5. The vehicle storage area must be landscaped in accordance with the parking lot standards outlined in Section 114-71(i) of the code of ordinances. One large tree must be planted for each 20 parking spaces, and each tree must be planted in a landscaped island. 6. The width of the drive approach on Rufe Snow Drive must be reduced to a width between twenty-four (24)feet and thirty-five (35) feet. 7. The parking area in front of the building must be reconfigured to comply with the concept plan attached as Exhibit "C." 8. At least 15 percent of the total lot area must be landscaped. This includes overall site landscaping, a landscape setback adjacent to Rufe Snow Drive, and replacement of the hedgerow along the fence adjacent to the building. Exhibit B—Land Use and Development Regulations—Ordinance No. 3695—Page 2 of 2 Special Use Permit Case SUP 2020-07 Lot 12, Block 3,J.L.Autrey Addition 4005 Rufe Snow Drive, North Richland Hills,Texas C. Building design standards. Building design and appearance must comply with the building elevations attached as Exhibit "C" and the standards described below. 1. The existing lighting fixtures on the building must be replaced with conforming fixtures that comply with Section 118-728 of the zoning ordinance. 2. Signs on the site must comply with Chapter 106 (Signs) of the Code of Ordinances. 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. Expiration. The special use permit will expire three (3) years from the effective date of this ordinance. If the vehicle storage facility 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. F. 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-Special Use Permit Exhibits-Ordinance No.3695-Page 1 of 2 h rye. 'CAUTION EXISTING POWER POLE • PROPOSED STRIPPING' PHASE 1"VEHICLE STORAGE FACILITY PHASE 2-PROPOSED BUILDING q{E�OHE�� N69°23'43.1TE 228.100' _ , E�OHE� N89°23'39.1yE 22E370' OHE�OHE�OHE�OH OH • 4 e:� ''d'`;I,. . •, fa. 11 1399 EXISTING BUILDING TO REMAIN'. ", ' •"•'• 4 a 1 • 15'UTILITY EASEMENT ��I 66.00' 3 ':`', :e-0• : y;• I �J 5PACES10 •::Et -21'x10' , •!� a- f •J k: . as". +// ,i ao��a[•/f J.d.,Rn5.00 .vL.. a<.f. 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J. • XSTING CONCRETE PAVEMENT 'CAUTION EXISTING POWER POLE 'a z a • e • ' • ` "/a '• j-3Aa. ® ' • •e I TO REMAINa ; • J a •' aa • , - f1 .f • a a • l e ." . va \PROPOSEDASPEALTI t. . . 4 • a • ' f t • • . ,� ,„,4) EXISTING MONUMENT 6000' 8000SIGN TO REMAIN TYPICAL STALL 21'z 10' iN-j' 20'SANITARY SEWER •`L EASEMENT 11-.......••".....„........ ..„.............._____\ ^^yy f- O 0 O C C O O C v O S89°23'38.17'W225.560 O St C O O C O C - O C+ • I 25'BUILDING SETBACK LINE' 589°23'43.1TW 228.1W' Legend, .. 1.. ,• 1 -Proposed Pavement Y i.'-.,.; •' -Existing Concrete Pavement a. V/ ,,II -Proposed Building 20 0 10 20 40 -Proposed Pavement Stripping i 1 tech® 20R -Ed Over Head Electric 3 EE -Exishn Fence OWNER CONTACT INFORMATION 9 NAME PAUL EDWARDS PAVED&UNPAVED AREAS SUMMARY PARKING STALL SUMMARY ann./MESS oDt RUPESNOW DR.NORTH rc RICHIAND HILLS,TX MISS qaT -Existing Power Pole PHONE)O(L-XXX-XXXx DESCRIPIRON AREA)AC) 21'z 10' 25 GENERAL NOTES: 1 1. ONLY APPROVED VEGEATION OR TREE SPECICIES LISTEDIN EXISTING PAVED-BUILDING 0.03 21'a 9' 1 THE CITY LAND SCAPE ORDINANCES SHALL BE PLANTED. -Proposed Cedar Elm 8° EXISTING PAVED-PAVEMENT 0.20 4005 RUFE SNOW DR. SITE PLAN 3 PROPOSED PAVED-BUILDING 0.03 €c d -Existing Red Tip PhoOnia oC PROPOSED PAVED-PAVEMENT 0.19 ALE DESIGN BY DRAW BY CHECK BY. aS UNPAVED 0.09 i -*, -Proposed Purple Leal Japanese O Barberry REVISIONS STATEI COUNTY I SHEER GB CASE SUP 202007 Exhibit C - Speci Use Permit Exhibits- Ordinance No. 3695 - Pa ge 2 o . ! v :yam . . . . . . .. . . . . . . if \ j \ . \ \ \ • . . r « ? ; 1 . : . # • RELOCATE PARKING SPACES ' ` ? , , 15 FT LANDSCAPE BACK <y. . ° » � REDUCE DRIVEWAY WIDTH