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HomeMy WebLinkAboutOrdinance 2440 DENIED BY THE CITY COUNCIL DECEMBER 13, 1999 ORDINANCE NO. 2440 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE NUMBER 1874, THE COMPREHENSIVE ZONING ORDINANCE, TO ESTABLISH A NEIGHBORHOOD COMMERCIAL OVERLAY #1 AND TO ESTABLISH DIMENSION AND OPERATION REGULATIONS WITHIN THE OVERLAY ZONE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that the area comprised of Lots 2- 11, Block 0, Richland Oaks Addition is appropriate for a transition from residential to commercial use; and WHEREAS, the City Council intends to encourage quality transition in the area; and WHEREAS, the City Council has determined the need to establish an overlay zone to be used in combination with base districts or to modify or expand base district regulations; and WHEREAS, the City Council has determined the need to regulate the use, aesthetics, and screening within the overlay zone; and WHEREAS, after notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by changing said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Ordinance No. 1874, the Zoning Regulations of the City of North Richland Hills, as amended, is hereby amended to insert Section 560, Neighborhood Commercial Overlay #1, to read as follows: A. Purpose: The purpose of the Neighborhood Commercial Overlay #1 is to encourage low impact commercial uses that are designed and operated to best harmonize with existing neighborhood characteristics. Design and performance criteria specific to neighborhood characteristics are used in combination with the Neighborhood Commercial district standards to provide for quality development and promote land use compatibility. B. Description: The Neighborhood Commercial Overlay #1 is specific to those properties known as Lots 2-11, Block 0, Richland Oaks Addition. Ordinance No. 2440 Page 1 of 4 C. Applicability: The Neighborhood Commercial Overlay #1 shall be applicable only to properties that lie within the overlay boundaries and are zoned NC Neighborhood Commercial. D. General Conditions: The following general conditions shall be required of all development located in the Neighborhood Commercial Overlay #1. If not addressed in this Ordinance, the general conditions of the Neighborhood Commercial District, Ordinance 1874 Zoning Regulations, Ordinance 2423 Landscaping Regulations, and Ordinance 2374 Sign Regulations shall apply. 1. Ingress/Egress Requirements: Each parcel shall be required to provide a twelve-foot 12' wide approach to their property. The approach shall be placed along the side property line and designed to provide future shared access with the adjacent property. For each lot, approach shall be located as follows: On the northern property line for Lots 2, 4, 6, 8, 10; On the southern property line for Lots 3, 5, 7, 9, 11. 2. Screening Wall: A masonry screening wall shall be required to screen residential properties to the rear. Screening walls shall be constructed of masonry to a height of eight feet. Screening walls shall be designed to provide a consistent appearance throughout Neighborhood Commercial Overlay #1. 3. Landscaping Requirements: a. A five-foot landscaped buffer is required along the side property line where the ingress/egress does not exist. No pavement is allowed in the required buffer. b. A ten-foot landscaped area shall be directly adjacent to the rear screening wall. Within the ten-foot buffer, one three (3") inch caliper evergreen tree shall be planted every 30 linear feet (acceptable evergreen tree species may be found in the Approved Plant List of Ordinance 2423). The City Planning Director may waive the tree requirement should existing conditions not be conducive to healthy tree growth. c. Landscaping requirements of Ordinance 2423 Landscape Regulations shall apply when not in conflict with the overlay criteria. 4. Lighting Restrictions: fixtures located in the rear yard shall be no taller than twelve feet and shall be fully shielded so that no light rays are emitted at angles above the horizontal plane. No fixtures shall be located in the ten-foot rear-yard buffer area. 5. Hours of Operations: No businesses operating in the overlay shall be open for business between the hours of 9:00 p.m. and 8:00 a.m. 6. Truck Restrictions: The parking of trucks accessory to a permitted business, when used in the operation of said business listed in the district, shall be limited to vehicles of not over one and one-half ton capacity when Ordinance No. 2440 Page 2 of 4 located within 150 feet of a residential boundary line, or stored, parked, or otherwise confined to the premises overnight. 2. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 3. SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 4. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 9TH DAY OF DECEMBER, 1999. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission ** PASSED AND APPROVED BY THE CITY COUNCIL THIS 13th DAY OF DECEMBER, 1999. Mayor, City of North Richland Hills, Texas **DENIED BY THE CITY COUNCIL DECEMBER 13, 1999 Ordinance No. 2440 Page 3 of 4 ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT Zn .M~1!f1l APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2440 Page 4 of 4