HomeMy WebLinkAboutOrdinance 3703 ORDINANCE NO. 3703
ZONING CASE ZC 2021-04
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 0.767 ACRES OF LAND LOCATED AT 7201
AND 7501 PRECINCT LINE ROAD FROM C-1
(COMMERCIAL) TO NR-PD (NONRESIDENTIAL
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 7201 and 7501 Precinct Line Road (the
"Property") has filed an application to rezone the Property from its present
classification of C-1 (Commercial) to NR-PD (Nonresidential Planned
Development); and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on July 15, 2021, and the City Council of the
City of North Richland Hills, Texas, held a public hearing on July 26, 2021,
with respect to the zoning change described herein; and
Ordinance No. 3703
ZC 2021-04
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 Nonresidential Planned
Development as provided herein on a 0.767-acre tract of land described as
portions of Tract 1B, Oziah Rumfield Survey, Abstract 1365, and Tract 1,
David Moses Survey, Abstract 1150, commonly referred to as 7201 and
7501 Precinct Line Road, 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 nonresidential planned development in accordance with the
requirements of the Nonresidential Planned Development (NR-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 Nonresidential Planned Development (NR-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. 3703
ZC 2021-04
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 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 26th day of July, 2021.
Ordinance No. 3703
ZC 2021-04
Page3of4
CITY O ORTH IC LAN HILLS
By:
Oscar Trevino; or
ATTEST: °,.Z`• v1A,Q':
Alicia Richardson
City Secretary/Chief GoverW104011��1„
bran
APPROVED AS TO F RM AND LEGALITY:
C)/1-AM-'
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Clayton C stock, Planning Director
Ordinance No. 3703
ZC 2021-04
Page 4 of 4
Exhibit A—Property Description—Ordinance No. 3703—Page 1 of 1
Zoning Case ZC 2021-04
Rumfield Estates
Portions of Tract 1B,Oziah Rumfield Survey,Abstract 1365;and Tract 1, David Moses Survey,Abstract 1150
7201 and 7501 Precinct Line Road, North Richland Hills,Texas
BEING all that certain 0.767 acres of land out of the 9.241 acre tract described in the deed to XTO Energy
Inc, recorded in Document Number D208311503 in the Deed Records,Tarrant County,Texas,in the Oziah
Rumfield Survey, A-1365, and the David Moses Survey, A-1150, City of North Richland Hills, Tarrant
County,Texas,and being more particularly described by metes and bounds as follows(all bearings shown
hereon are based on the Texas Coordinate System of 1983, North Central Zone):
BEGINNING at a 1/2-inch iron rod with a cap stamped "Spry 5647" found for the west corner of the
southwest right-of-way cutback line at the intersection of the south right-of-way line of Rumfield Road
(60-foot right-of-way) and the west right-of-way line of Precinct Line Road (right-of-way varies);
THENCE South 45 degrees 32 minutes 32 seconds East—19.76 feet along the said southwest right-of-way
cutback line, to a 1/2-inch iron rod with a cap stamped "Spry 5647" found for the south corner of said
southwest right-of-way cutback line;
THENCE South 05 degrees 56 minutes 33 seconds East—10.31 feet along the west right-of-way line of said
Precinct Line Road to a 1/2-inch iron rod with a cap stamped "Spry 5647"found for the corner of the herein
described tract;
THENCE South 00 degrees 26 minutes 28 seconds East—238.85 feet along the west right-of-way line of
said Precinct Line Road to the most easterly southeast corner of the herein described tract;
THENCE South 44 degrees 21 minutes 15 seconds West — 14.19 feet to the most southerlysoutheast
g
corner of the herein described tract;
THENCE South 89 degrees 08 minutes 58 seconds West — 114.36 feet to the southwest corner of the
herein described tract;
THENCE North 00 degrees 32 minutes 34 seconds West—156.53 feet to a point for corner of the herein
described tract;
THENCE North 03 degrees 42 minutes 16 seconds East—117.97 feet to the northwest corner of the herein
described tract, in the south right-of-way line of said Rumfield Road, which is a point on a curve to the
left, having a central angle of 00 degrees 58 minutes 07 seconds, a radius of 835.00 feet, and a chord
bearing and distance of South 89 degrees 53 minutes 20 seconds East—14.12 feet;
THENCE along said curve to the left,along the south right-of-way line of said Rumfield Road,an arc length
of 14.12 feet to a 1/2-inch iron rod with a cap stamped "Spry 5647"found for the end of curve;
THENCE North 89 degrees 37 minutes 35 seconds East—87.01 feet along the south right-of-way line of
said Rumfield Road to the POINT OF BEGINNING and containing 0.767 acres of land.
Exhibit B—Land Use and Development Regulations—Ordinance No. 3703—Page 1 of 2
Zoning Case ZC 2021-04
Rumfield Estates
Portions of Tract 1B,Oziah Rumfield Survey,Abstract 1365;and Tract 1, David Moses Survey,Abstract 1150
7201 and 7501 Precinct Line Road, North Richland Hills,Texas
This Nonresidential Planned Development (NR-PD) District must adhere to all the conditions of
the North Richland Hills Code of Ordinances, as amended, and adopt a base district of C-1
(Commercial). The following regulations are specific to this NR-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 this NR-PD are limited to those permitted in the C-1
(Commercial) zoning district, as amended, and subject to the following.
1. 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.
2. Any land use prohibited in the C-1 (Commercial) zoning district, as amended, is also
prohibited.
B. Site development standards. Development of the property must comply with the
development standards of the C-1 (Commercial) zoning district and the standards described
below.
1. A site plan and associated plans for the development must be approved by the
Development Review Committee prior to the issuance of a building permit for the
property.
2. The minimum front building line on all street frontages is twenty (20)feet.
3. The minimum rear building is fifteen (15)feet.
4. The buffer yard adjacent to single-family residential property must be at least fifteen (15)
feet wide. The site and buffer yard must be landscaped in accordance with the standards
contained in Section 114-72 of the landscaping and buffering regulations.
5. A minimum six-foot tall masonry screening wall must be constructed on the west property
line adjacent to the single-family residential property. The wall must be constructed as a
traditional masonry wall or a pre-cast product. Thin panel walls are prohibited.
6. Driveway access to the site must be provided from the residential street. Driveway access
from Precinct Line Road or Rumfield Road is prohibited.
7. Sidewalks and crosswalks must be designed as shown on the site plan attached as Exhibit
"C" and are subject to the following.
a. A four-foot wide sidewalk must be constructed on internal streets adjacent to the lot.
The developer of the commercial lot is responsible for the sidewalk construction.
b. A five-foot wide sidewalk must be constructed adjacent to Precinct Line Road. The
developer of the commercial lot is responsible for the sidewalk construction.
Exhibit B— Land Use and Development Regulations—Ordinance No. 3703—Page 2 of 2
Zoning Case ZC 2021-04
Rumfield Estates
Portions of Tract 1B,Oziah Rumfield Survey,Abstract 1365;and Tract 1, David Moses Survey,Abstract 1150
7201 and 7501 Precinct Line Road, North Richland Hills,Texas
c. A six-foot wide sidewalk must be constructed adjacent to Rumfield Road.The sidewalk
may be reduced to five feet in width in constrained right-of-way conditions, as
determined by the city engineer. The developer of the commercial lot is responsible
for the sidewalk construction.
8. Signs must designed and installed in accordance with Chapter 106 —Signs of the North
Richland Hills Code of Ordinances.
E. Amendments to Approved Planned Developments. An amendment or revision to the
Nonresidential Planned Development (NR-PD) must 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 zoned the land to the NR-PD district.
The city manager or designee may approve minor amendments or revisions to these
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. 3703 - Page 1 of 1
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0 3 ! \\ \ \ !!!•\\ \ ass• 1 f / es xiowl
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r TARRANT COUNTY NORTHEAST en,i.c.r
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PLANNED DEVELOPMENT
_ \\ /% "ram., \' _ "AFIELD ESTATES ADDITION
)( / \
i^ \ rj y /Y \ 1 COMMERCIAL LOT
Trl ( v i \ \
�'�,..., \ EXISTING LEGAL DESCRIPTION:
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I At^ (�S ENGINEER OWNER:t� 6 - - THE CITY LIMIT BOUNDARY DOES NOT HAMILTON DUFFY,PC XTO ENERGY,INC TRACT 1,ABSTRACT 1150,DAVID MOSES SURVEY
`'‘'{-,` n . REPRESENT AN ON THE GROUND 8241 MID-CITIES BLVD.,•100 110 W.7TH STREET TRACT 1B,ABSTRACT 1365,OZIAH RUMFIELD SURVEY
•<^ -.L ' t.. a-_. - SURVEY AND REPRESENTS ONLY THE _
1 ,,,av,� NORTH RICHLAND HILLS,TX 76182 FORT WORTH,TX 76102 -
-J�J7-F7Y� /< ec - , APPROXIMATE RELATIVE LOCAITON CITY OF NORTH RICHLAND HILLS,
�"^�4..<^ � '�!` /' - - - OF THE CITY LIMIT BOUNDARY USING 1817I 268-0408 TARRANT COUNTY,TEXAS
FAX (817)284-8408
VARIOUS OFFICIAL AND UNOFFICIAL
SOURCES CURRENT ZONING.it Map PROPOSEDZONNG C-1PD
CASE NZC 2021 XX
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AFFIDAVIT OF PUBLICATION
Account# Order Number Identification Order PO Amount Cols Depth
19363 109173 Print Legal Ad-IPL0034692 ORD.3703 $90.68 1 50 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 personally appeared Amanda
Grisham,Bid and Legal Coordinator for the Star-
Telegram,published by the Star-Telegram,Inc.at
CITY OF NORTH RICHLAND Fort Worth,in Tarrant County,Texas;and who,
HILLS after being dulysworn,did depose and saythat
ORDINANCE N0.3703 p
AN ORDINANCE OF THE CITY COUN= the attached clipping of an advertisement was
CIL OF THE CRY OF NORTH RICH-
LAND HILLS, TEXAS, AMENDING published in the above named paper on the listed
THE ZONING ORDINANCE OF THE dates:
CITY OF NORTH RICHLAND HILLS,
AND THE ZONING MAP OF THE CRY
OF NORTH RICHLAND HILLS,TEX-
AS BY REZONING 0.767 ACRES OF No.of Insertions: 2
LAND LOCATED AT 7201 AND 7501
PREMINCT UN ROAD FROM C-ES Beginning Issue of: 07/29/2021
(COMMERCIAL)TO NR-PD(NONRES-
IDENTIAL PLANNED DEVELOPMENT);
PROVIDING THAT THIS ORDINANCE EndingIssue of: 07/30/2021
SHALL BE CUMULATIVE OF ALL OR-
DINANCES;PROVIDING FOR SEVER-
ABILITY;ESTABIJSHING A PENALTY;
PROVIDING FOR SAVINGS; PROVID-
ING FOR PUBLICATION;AND PROVID-
ING AN EFFECTIVE DATE.
Any person, firm or corporation vi-
olating any provision of the Zoning
Ordinance and the zoning map of the
City of North Richland Hills as amend-
ed hereby shall be deemed guilty of
a misdemeanor and upon final con-
viction thereof fined in an amount
not to exceed Two Thousand Dollars
($2,000.00).Each day any such viola •
-
tion shall be allowed to continue shall
constitute a separate violation and
punishable hereunder. I •
PASSED AND APPROVED on this 26th
day of July,2021.
CITY OF NORTH RICHLAND HILLS .
By:/s/Oscar Trevino Sworn to and subscribed before me this 30th day of
Oscar Trevino,Mayor ATTEST: July in the year of 2021
/s/Alicia Richardson
Alicia Richardson
City Secretary/Chief Governance Of-
ficer
APPROVED AS TO FORM AND LE-
GALITY:
/s/Maleshia B.McGinnis
Maleshia B.McGinnis,City Attorney
ul29-3 20 2
36.-‘(142-Ati a df
Jul
u19-30 2021
Notary Public in and for the state of Texas,residing in
Dallas County
SCINT
IC
Wake'
- -
Extra charge for bst or duplicate affidavits.
Legal document please do not destroy!