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HomeMy WebLinkAboutOrdinance 3728ORDINANCE NO. 3728 ZONING CASE ZC21-0013 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 AMENDING THE NONRESIDENTIAL PLANNED DEVELOPMENT (NR-PD) FOR GRITRSPORTS FOR THE PURPOSE OF REVISING THE DEVELOPMENT STANDARDS; 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 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 Comprehensive Land Use Plan Map provides guidance for future development in conformance with the adopted Comprehensive Land Use Plan; and WHEREAS, the City Council of the City of North Richland Hills previously approved a nonresidential planned development for the property; and WHEREAS, the owner of the property containing approximately 9.04 acres of land located at 7901 Boulevard 26 (the "Property") has filed an application to amend the nonresidential planned development to revise the development standards; and Ordinance No. 3728 ZC21-0013 Page 1 of 4 WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on January 6, 2022, and the City Council of the City of North Richland Hills, Texas, held a public hearing on January 24, 2022, with respect to the zoning change 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 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 and nonresidential planned development for 7901 Boulevard 26 are hereby amended to revise the development standards for the property, containing approximately 9.04 acres of land, 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 NR-PD (Nonresidential Planned Development) 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." Ordinance No. 3728 ZC21-0013 Page 2 of 4 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. 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. Ordinance No. 3728 ZC21-0013 Page 3 of 4 PASSED AND APPROVED on this 24th day of January, 2022. CITY OF NORTH RICHLAND HILLS By: g//2 Os r revin ayor ATTEST: ,���'�;. •'!✓® 10 1- lerkjii Alicia Richardson "V'• .• �y�. City Secretary/Chief Gover c t + °� //m/M1111111111 APPROVED AS TO FORM AND LEGALITY: aleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: ii Clayton Co tock, Planni g Director Ordinance No. 3728 ZC21-0013 Page 4 of 4 Exhibit A — Property Description — Ordinance No. 3728 — Page 1 of 1 Zoning Case ZC21-0013 Lot 1R, Block 1, Venture Addition 7901 Boulevard 26, North Richland Hills, Texas BEING Lot 1R, Block 1, Venture Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat thereof recorded in Cabinet A, Slide 10658, Plat Records, Tarrant County, Texas. Exhibit B — Land Use and Development Regulations — Ordinance No. 3728 — Page 1 of 3 Zoning Case ZC21-0013 Lot 1R, Block 1, Venture Addition 7901 Boulevard 26, 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. I. Permitted Land Uses. A. Indoor shooting range required. A minimum of forty (40) percent of the building area must be initially constructed and developed as an indoor gun range for at least three of the following uses: 1. Open/public firing range lanes 2. Private firing range lanes 3. Tactical firing range lanes 4. Indoor skeet range 5. Gunsmith 6. Archery lanes 7. Classroom/event space 8. Retail sales of firearms and firearm accessories 9. Simunition non -live fire (airsoft/paintball) training 10. Laser -video firing systems B. The sale and consumption of alcohol shall not be permitted within the indoor shooting range occupancy. C. The indoor shooting range use shall be revoked from this NR-PD if a certificate of occupancy for said use is not issued by January 17, 2017. D. Other permitted uses. Other uses within this NR-PD may only be permitted after a full demising wall meeting Building Code requirements is installed and proof of nonrefundable purchase of a shooting range ventilation system and/or bullet collection and containment system is provided to the City. Other uses in this NR-PD shall be those permitted in the C-1(Commercial) district and shall also include the following: 1. Indoor amusement arcade 2. Bowling lanes 3. Indoor miniature golf course 4. Indoor race track 5. Roller or ice skating rink 6. Indoor skydiving 7. Indoor rock/wall climbing 8. Other indoor commercial recreation 9. Personal security training 10. Indoor golf range Exhibit B — Land Use and Development Regulations — Ordinance No. 3728 — Page 2 of 3 Zoning Case ZC21-0013 Lot 1R, Block 1, Venture Addition 7901 Boulevard 26, North Richland Hills, Texas 11. Archery 12. Indoor music venue 13. Hardware and building materials 14. Microbrewery 15. Comedy club 16. Billiards as accessory use 17. New marine equipment sale 18. New motorcycle sales 19. New small vehicle sales (ATVs, scooters, golf carts, etc) 20. Outdoor sales and display associated to marine equipment, motorcycles, and other small vehicles limited to the westernmost row of parking stalls along Davis Boulevard 21. Sale of used sport utility vehicles equipped for safari, hunting, or overland use. Not more than seven (7) vehicles are permitted on the property at one time, and all vehicles must be stored and displayed inside the building and shall not exceed 2,000 square feet in floor area. II. Development Regulations. This NR-PD must follow the development regulations of the C-1 (Commercial) district, with the following additions and exceptions. A. Prior to a certificate of occupancy being issued for the indoor gun range, the following improvements must be made to the property: 1. All internal traffic control devices (i.e., stop signs, speed bumps, etc.) must be replaced or refurbished. 2. All fire lanes and parking lines must be newly applied. 3. Landscaping must be installed per the attached landscape plan. 4. Any non -compliant outdoor lighting, including those affixed to the building, must be replace with fixtures that meet current outdoor lighting standards. 5. Existing concrete light pole bases must be repainted. 6. Existing chain link fence on each side of the loading dock must be replaced or refurbished. 7. Franchise utilities must be contacted regarding the removal of a dead-end utility pole extension at the northwest corner of the property. 8. Existing irrigation system must be inspected and repaired as required to provide a fully operational system. 9. Handicap -accessible sidewalk ramp must be installed on the north side of the Davis Boulevard driveway at the northwest corner of the property. 10. The six (6) foot tall wood fence between the property and the vacant commercial property to the north must be removed. III. Administrative approval of site plans. The purpose of this NR-PD is to provide land use and development regulations beyond the scope of what is typically required. Site plans that comply Exhibit B — Land Use and Development Regulations — Ordinance No. 3728 — Page 3 of 3 Zoning Case ZC21-0013 Lot 1R, Block 1, Venture Addition 7901 Boulevard 26, North Richland Hills, Texas with all development related ordinances and this Ordinance shall be administratively approved by the Development Review Committee. Deviations from the regulations provided herein shall require City Council approval of a zoning change to revise this Nonresidential Planned Development. 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CITY OF NORTH RICHLAND HILLS By: /s/ Oscar Trevino Oscar Trevino,. Mayor ATTEST: /s/ Alicia Richardson Alicia Richardson City. Secretary/Chief'Governance.Of- ficer APPROVED AS TO FORM AND 'I E- GALITY /s/ Maleshia B',McGinnis Maleshia B: McGinnis', City Attorney IPL0057893' Jan 27-28.2022 THE STATE OF TEXAS COUNTY OF TARRANT 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 Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: No. of Insertions: 2 Beginning Issue of: 01/27/2022 Ending Issue of: 01/28/2022 worn to an su scri e e ore me t is 2 t ay o January in the year of 2022 Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy!